WASHINGTON, December 7, 2017 — Tom Wheeler, the Federal Communications Commission chairman under President Obama, wasn’t coy in expressing his feelings about his replacement’s “abomination” of a plan to gut the open internet rules he put in place two-and-a-half years ago.
“This is the culmination of a grand plan which started back in 2013,” Wheeler said Wednesday during a press conference with Sen. Ed Markey, D-Massachusetts, Rep. Anna Eshoo, D-California, and former FCC General Counsel Jonathan Sallet.
That plan — exemplified in the rules proposed by current FCC Chairman Ajit Pai—would see the Commission renounce authority over common carriers that it exercised in the decades since the agency was created by the Communications Act of 1934.
Pai plan effectively eliminates all open internet rules
Under Pai’s proposal, the FCC would effectively eliminate all open internet rules, with the exception of a transparency requirement initially put in place in 2010.
In addition to overturning rules put in place by his two Democratic predecessors, the proposal would also effectively overturn the “Internet Policy Statement” unanimously implemented by the FCC under former Chairman Kevin Martin, who served under President George W. Bush.
Martin attempted to enforce the “Internet Policy Statement” in a 2008 lawsuit against Comcast involving the throttling of peer-to-peer application BitTorrent. The FCC said that the throttling took place outside of the policy statement’s “reasonable network management” exception.
The D.C. Circuit Court of Appeals overturned that action in 2010, paving the way for the first round of open internet regulations, by then-FCC Chairman Julius Genachowski.
Under the new deregulatory approach that Pai and the Republicans at the agency appear poised to adopt on December 14, internet providers would be able to prioritize traffic for a fee, or prioritize traffic of affiliated companies, so long as they disclose those practices.
But the FCC passes the responsibility for enforcing these disclosure requirements to the Federal Trade Commission.
The FCC proposal would continue to preempt state internet regulations
States looking to step into the regulatory void would also find themselves out of luck under the Pai proposal, as the FCC would continuing to preempt any state law or regulation imposing common carrier requirements on Internet providers.
Even regulations governing internet providers that operate entirely within one state would be subject to this preemption, senior FCC officials said, because the Internet the provider is connection to is a nationwide network.
And where the current rules assert FCC authority to regulate internet providers based on the FCC’s authority to regulate communications networks, Pai would instead ask the Federal Trade Commission and Justice Department use a combination of antitrust law and consumer protection requirements to prevent consumer abused by internet service providers.
Former top FCC attorney slams commission for abdicating responsibility
Former FCC general counsel Jonathan Sallet noted this abdication of responsibility and predicted that a court would not allow the FCC to pick and choose which parts of the law to enforce.
“The draft order seems to say that the FCC is no longer interested in exercising its responsibilities as an expert agency,” he said. “I do not believe a court of appeals will uphold this order.”
Wheeler agreed, telling reporters that “[T]he abomination of next week’s action is not just the repeal of the existing open internet rules. It is how they’re doing it.”
“They’re vacating the field, they’re walking away from the responsibility that the FCC has had since 1934 to oversee networks,” he said.
Wheeler called the draft order — which has been championed by Pai, a former attorney for Verizon Communications — “a classic example of regulatory capture,” where “the regulatory agency bends to the wishes of those they are supposed to oversee.”
Sen. Markey and Rep. Eshoo call Pai’s proposal an ‘honor system’ and a ‘ruse’
Markey said that “absolutely nothing” would replace the FCC’s authority to protect consumers when Pai vacates the field after his new rules take effect, leaving some kind of bizarre “honor system” in place.
“Broadband providers get exactly what they want,” he said. ”Americans just do not want that to happen.”
Eshoo called the idea that Congress should step in and replace the FCC rules with legislation a “ruse” and a distraction.
“They don’t want the FCC to be the cop on the beat, they say they are for net neutrality except when you spell it out and codify it,” she said. ”They’ve moved away from it. They don’t believe in net neutrality, they don’t want it.”
Markey noted that when the current rules were challenged in court, he and Eshoo led the effort to submit an amicus brief on behalf of Congress in support of the rules, and that they would be doing it again because they and other network neutrality advocates plan on taking the FCC to court to keep them from abdicating their responsibilities.
“It’s a very vulnerable decision that they’re about to make, and I think we have a very good chance of prevailing in court,” he said.
Families Need Outreach, More Time to Enroll in Affordable Connectivity Program
Greater enrollment in federal programs will help close the digital divide, especially for Latino communities, but help is needed.
WASHINGTON, January 27, 2022 – Greater outreach and a longer transition period for the Affordable Connectivity Program will help close the digital divide, the CEO of the League of United Latin American Citizens said Wednesday.
At a Georgetown Law School digital divide event, Sindy Benavides said the recent transition of the Federal Communications Commission’s Emergency Broadband Benefit to the Affordable Connectivity Program is a step forward for families adopting services and devices. The program provides eligible households with discounts of up to $30 a month for broadband service, and up to $75 a month if the household is on Tribal lands.
But to get closer to closing the digital divide using such subsidies, better outreach is needed. Recent studies claim that only 7.1 million households have utilized the discounts offered by the Emergency Broadband Benefit, leaving as many as 30 million homes eligible to save on broadband service and devices.
Benavides said families enrolled in the EBB also need more time to transition to the Affordable Connectivity Program before transition period ends on March 1, 2022. “Not everyone can enroll before the March deadline,” Benavides said. “How is it that families are living day to day, without the assistance they need?” she asked. Families are ‘living, going to school, coming home late at night…think about those families that are surviving day to day.”
She added that it’s not enough that programs get funding, but more needs to be done to help families enroll in the services.
“So many jobs today require an application be submitted online,” she said. “But what if they don’t know how to connect to Wi-Fi, much less get to the website to submit an application,” pointing to a statistic that 1 in 3 Latinos lack access to broadband in America.
Debra Berlyn: What’s New in 2022 for Aging and Tech?
Older adults continue at a rapid pace to adopt tech that assists the aging process.
It’s the start of a new year and time to view what’s on the horizon for the latest technology innovations. To our great anticipation, the most significant technology event of the year, the Consumer Electronics Show, returned in-person to Las Vegas!
CES 2022 literally rolled in with some eye-catching innovations and gadgets unveiled at CES, notably with a BMW that can change its color and patterns with the use of a phone app. CES also unveiled the usual army of robots to clean the house, provide learning skills, and entertain. The Ameca robot is “human-like” and can be programmed with software using artificial intelligence, offering both speech and facial/object recognition. Ameca will engage in conversation and complement you on your lovely red hat.
The more important technology story for consumers for 2022, isn’t just the “wow” innovations that may or may not make it to market this year, it is the tech that will enhance and improve all of our lives. This is particularly important for the aging community, who increasingly rely on tech to stay connected to family and community, and as an important component of healthcare.
Those 65 and older continue to adopt tech at a rapid pace, narrowing the gap with their age 18-29 younger counterparts. Now, over 65% of older adults have broadband at home, 44% have tablets, and 61% have a smartphone. These “basics” form the foundation for layering the more sophisticated health and wellness and smart home innovations available today, and on the horizon.
The pandemic has emphasized the importance of tech for the aging community. A recent AARP study has confirmed that technology is a “habit” that is here to stay for older adults. The past couple of years has led to an emphasis on tech devices to monitor our health, help us stay fit and get connected to our health care professionals. We are spending more time at home for work and leisure, and while at home we want to be able to manage our energy use, home security, appliances and more.
According to the chief technology officer at Amazon, Werner Vogels, one of his primary predictions for tech this year is, “In 2022, our homes and buildings will become better assistants and more attentive companions to truly help with our most human needs. The greatest impact in the next few years will be with the elderly.”
Technology can provide solutions to make life easier for older individuals
A critical opportunity that technology provides is to solve tough problems such as how to make life just a bit easier for older individuals and address their greatest challenges as they age. Voice assistive tech continues to be a popular device for older adults. One-third (35%) of those 50-plus now own a home assistant, up from 17% just two years ago, with the voice assistant serving as a significant tool to reduce isolation for older adults.
While the AARP study found that growth of ownership of voice assistants, such as the Amazon Echo and Google Home, may have slowed for younger demographic groups, ownership continues to be on the rise for older adults.
Here are several examples of innovations for the aging community:
- The Labrador Retriever is an assistive “robot” that empowers individuals to live more independently by providing practical, physical assistance with everyday activities. The robot is a rolling container with trays that can be “commanded” to go to different locations in the home to retrieve objects and carry them to various locations. It maps the home and “learns” how to navigate the space to operate wirelessly.
- Tech devices that enable older individuals to track several critical aging factors continue to be introduced and desired in the marketplace. The “Buddy” from LiveFreely, is smartwatch software that monitors and manages fall prediction and detection, medication schedules and reminders, and emergency notifications. With alerts to family members, caregivers and emergency services providers, it provides wearers with an enhanced sense of security and independence. The software operates on both the Apple and Fitbit device.
- For any aging adult with mobility issues, or their caregivers, you know that just getting around can be a challenge and now there are advances to the most needed tool in aging: the walker. One company, Camino, has developed a sleeker, advanced walker with an ergonomic design, lights and improved navigation for bumps in the road to provide greater walking assurance and balance.
- The “Freestyle,” from Samsung, is an entertainment component of the smart home for older adults. It is a projector device with accessibility features that can be used inside the home or out, to project content such as a movie, photos or messages from any smartphone onto any surface.
AARP’s 2022 study on technology trends also recognizes that the increasing older demographic has significant purchasing power in the consumer market, including for technology spending. The study found, “Tech spending in 2020 among adults 50+ is up 194% (from $394 to $1144) to modernize, update, or create a better experience online.”
It also projected that by the year 2030, “the 50-plus market is projected to swell to 132 million people who are expected to spend on average $108 billion annually on tech products.”
In the coming years, older adults will have a wide range of new and innovative products to exercise their market power and find the right technology to enhance and assist their lives as they age. Over the past decade, technology has empowered older adults to be increasingly more independent, battle isolation, and stay informed and connected. While we can’t predict the future, the next decade should be an exciting opportunity for new innovations for the aging community.
Debra Berlyn serves as the executive director of The Project to Get Older Adults onLine (GOAL), and she is also the president of Consumer Policy Solutions. She represented AARP on telecom issues and the digital television transition and has worked closely with national aging organizations on several internet issues, including online safety and privacy concerns. She serves as vice chair of the Federal Communications Commission’s Consumer Advisory Committee and is on the board of the National Consumers League and is a board member and senior fellow with the Future of Privacy Forum. This Expert Opinion is exclusive to Broadband Breakfast.
Broadband Breakfast accepts commentary from informed observers of the broadband scene. Please send pieces to email@example.com. The views reflected in Expert Opinion pieces do not necessarily reflect the views of Broadband Breakfast and Breakfast Media LLC.
Digital Inclusion Leaders a Critical Step to Closing Digital Divide: National League of Cities
The National League of Cities said government leaders need to have ‘multiple points of engagement’ with communities.
WASHINGTON, January 20, 2022 – To understand the digital divide, cities need to include digital equity leaders in their broadband needs assessment programs, the National League of Cities said at an event on community connectivity challenges Wednesday.
A broadband needs assessment would allow city leaders to explore the extent of the digital divide in their communities, said Lena Geraghty, the National League of Cities’ director of urban innovation.
“[A needs assessment] enable city leaders to dig into who’s being excluded, what’s currently available in your city, and what solutions city leaders can use” to close the digital divide, she said.
“The community is going to know best about where access exists, where gaps exist, and the needs that will make connectivity better,” Geraghty said. To get the best picture of a community’s need, stakeholders must find and include the community’s digital equity leaders in the data-gathering process, she added.
“These could be people that are knowledgeable about digital equity or people that are experiencing the digital divide,” she said. “Think really broadly about what it means to be a leader and the type of information these folks can bring to bear in solving the digital divide in your communities.”
Geraghty said it may be useful to formalize the leaders’ work by creating a broadband working group or ad hoc committee led by the city’s government. “Giving some roles and responsibilities can help everyone move in the same in direction, there’s agreement, and really clear goals and outcomes.”
Geraghty added that it’s important for government leaders to establish multiple points of engagement for the community. “It’s not enough to gather data or information from people once,” she said. “The state of access to the internet and devices is always changing,” so leaders should create multiple touch points for community input.
The National League of Cities released its Digital Equity Playbook for cities in December, walking readers through how they can promote digital equity in their cities. The playbook has a four-step process on how to get started with digital equity.
By walking readers through the process of connecting with the community, evaluating the connectivity landscape, gathering foundational information and reporting on findings, city leaders will be prepared to target broadband funding to unserved and underserved areas in their communities.
- Federal Appeals Court Upholds California’s Net Neutrality Rules
- FCC Announces New RDOF Accountability and Transparency Measures, Additional Funding
- Commerce Vote on Sohn Wednesday, Facebook Abandoning its Crypto Technology, Low EBB Awareness
- Former Federal Trade Commission Chairman Says Biden is Inappropriately Exhorting the Agency
- Federal Communications Commission Approves New Provider Transparency Requirements
- Facebook is Failing Iranians, and Iran’s Leaders Are About to Launch a Censored Internet
Signup for Broadband Breakfast
Broadband Roundup4 months ago
Cox’s Wireless Deal with Verizon Dies, Apple Appeals Epic Games Case, AT&T’s Fiber Investment
Broadband Roundup4 months ago
AT&T Hurricane Survey, FCC Announces $1.1B from Emergency Connectivity Fund, Comcast’s Utah Plans
Broadband Roundup4 months ago
Facebook Changes and Second Whistleblower, Comcast’s Spam Call Feature, AT&T Picks Ericsson for 5G
Broadband Roundup4 months ago
O’Rielly ‘Perplexed’ By Delay in Rosenworcel Decision, China Mobile Domesticating Contracts, AT&T Partners with Frontier
Expert Opinion4 months ago
Mike Harris: Investing in Open Access Fiber Optics is Investing in the Future
Spectrum3 months ago
More Experts Weigh In On Possibility 12 GHz Band Can Be Shared with 5G Services
Artificial Intelligence1 month ago
Henry Kissinger: AI Will Prompt Consideration of What it Means to Be Human
Broadband's Impact4 months ago
Steve Lacoff: A New Standard for the ‘Cloudification’ of Communications Services