WASHINGTON, June 12, 2019 – A trio of Democratic senators on Tuesday called for Senate Majority Leader Mitch McConnell to allow a vote on legislation to roll back the Federal Communications Commission’s repeal of network neutrality regulations put in place during the Obama administration.
Sens. Ed Markey, D-Mass., Ron Wyden, D-Ore., and Maria Cantwell, D-Wash., each took to the Senate floor on Tuesday to demand that McConnell, R-Ky., bring the Save the Internet Act to the floor for a vote. The Markey-authored legislation would turn back the regulatory clock to June 11, 2018, just as FCC Chairman Ajit Pai’s repeal of the Obama-era Open Internet regulations was taking effect.
“I rise today in defense of net neutrality. In April, the House of Representatives took an important step in passing the Save the Internet Act legislation that would…restore net neutrality protections,” said Markey, who has been a strong proponent of rules to prevent broadband providers from blocking or throttling customers’ internet traffic since his days representing Massachusetts in the House of Representatives.
Markey noted that the Senate passed a so-called “resolution of disapproval” last year to use the Congressional Review Act to overturn the FCC’s repeal of the Obama-era rules, but added that he was offering up the Save the Internet Act because the CRA is no longer an option.
“Unfortunately, our Republican colleague are failing to listen to the voices of their constituents and plan to block the vote from happening,” he said.
“Let’s be clear. Net Neutrality is just another way in which the Republican Party refuses to side with the ordinary people in our country.”
Wyden echoes the high stakes involving in politicizing net neutrality
Wyden, who has frequently collaborated with Markey on network neutrality legislation, rose when his colleague had finished to echo the Massachusetts senator’s call for action and explain the stakes.
“Net neutrality — the free and open internet — says that once you have access to the internet, you get to go where you want, when you want and how you want,” Wyden said before noting that both he and Markey have been pushing for strong network neutrality protections for more than ten years.
Responding to critics of his bill who’ve said that the current FCC rules have not resulted in the far-reaching consequences predicted by network neutrality proponents, Wyden explained that the changes he and others fear are often slow in coming.
“Here’s the reality — these changes that hurt consumers don’t come all at once, and that’s for a reason. Big cable companies count on making them in steady, creeping ways that go unnoticed — it’s death by a thousand inconveniences,” he said.
The Oregon senator offered as an example the recent proliferation of “unlimited” data plans “that totally throw away the definition of the word ‘unlimited.'”
“To understand the complicated limits on internet access in these newfangled “unlimited” plans, you practically need a graduate degree in big-cable legal jargon,” Wyden said. “Consumers might be forced to swallow hard and accept it, but that doesn’t make it acceptable.”
Wyden also noted that the rise of mega-mergers between content providers and broadband network operators — like the recent merger between Time-Warner and AT&T — can threaten consumers by eroding competition, reducing the number of available choices, and giving rise to anti-competitive bundling deals in which network operators don’t charge for access to one preferred content provider but do so for all others.
“That’s a bad deal for consumers who ought to be able to access what they want and when they want. It’s also a nightmare for startup companies who won’t be able to afford special treatment and won’t be able to compete with the big guys,” he said.
Cantwell says that net neutrality rules are needed to protect jobs from internet companies
Cantwell, D-Wash., noted that strong network neutrality rules would protect the 15,000 internet companies which provide 377,000 jobs and make up one-fifth of the economy in her state.
“We know we have to fight back against companies who gouge consumers or suppress competition. And being one year since the FCC decided to turn back protections for the internet, we’re here today because we know that we’ve already seen the inklings of what is more to come,” she said before adding that broadband provides are already “doing things that are slowing down or charging consumers more.”
Network neutrality rules, Cantwell said, drew comments from more than 20,000 consumers who told the FCC to keep strong protections in place.
“They do not want to see large-scale companies overcharging or gouging them,” she said.
Cantwell argued that strong network neutrality protections are good for the economy because they allow the internet to be a “great equalizer” that is “helping people from different backgrounds participate in our economy.”
“But innovative businesses in every small town and every city need to have an internet that is going to give them access to create jobs and move their local economies forward,” she added, warning that consolidation threatened the internet’s record as an economic engine.
“Today, in the United States, three cable companies – just three cable companies – have control of internet access for 70 percent of Americans. And 80 percent of rural Americans still only have one choice for high-speed broadband in their homes and businesses,” she said.
“So we’re not going to get likely competition where the consumer can just say ‘You’re artificially slowing me down. You’re charging me too much. I’m just going to go to the competition.’ That’s not likely to happen.”
“That is why we need a strong FCC approach to protecting an open internet and saying that they shouldn’t block, they shouldn’t throttle, they shouldn’t manipulate internet access. And without these protections, big cable can move faster in charging more,” Cantwell said.
“I ask my colleagues on the other side of the aisle to say that it’s time to hold these companies accountable and put consumers ahead of these big cable profits.”
(Photo of Sen. Ed Markey on the Senate floor on Tuesday.)
Housing, Public Interest Groups Oppose Multitenant Exclusivity Agreements
The FCC is looking at how to promote broadband competition and access in buildings.
WASHINGTON, October 21, 2021 – Opponents of exclusivity arrangements that give tenants of multitenant buildings less choice of internet service provider are urging the Federal Communications Commission to eliminate all manifestations of these contracts that they say harms competition and locks landlords into burdensome long-term contracts.
While the FCC has previously banned exclusive access agreements that granted a single provider sole access to a building, it did not do so for exclusive wiring, marketing and revenue sharing arrangements. That means third party service providers cannot share the building wires with the telecom with that privilege and cannot market their services to the building’s residents.
The FCC launched a comment period in September to field arguments about what to do with these holdout issues that gave priority to ISPs. In an early submission, the internet and television association NCTA said the commission should deny all broadband providers exclusive access to these buildings, but not exclusive wiring agreements.
Internet and competitive networks association INCOMPAS said in its submission that the competitive environment has continued to suffer due to these exclusive deals and, in the case of retail shopping centers, their deals have been extended over the “last several years.”
It is asking for a complete ban on the wiring, marketing and revenue sharing arrangements, which they say “make it tougher for new entrants to effectively compete in MTEs.
“Competitive providers are still asked to participate in revenue sharing arrangements or are routinely denied access to MTEs because of exclusive wiring or marketing agreements,” INCOMPAS said, adding consumers and businesses “lose out on the faster speeds, lower pricing, and better customer service that competitors offer.”
Public Knowledge similarly said there is a lack of competition emerging from these practices that is increasing prices and restricting choice for tenants.
“Although the FCC has banned explicit exclusive agreements in multi-tenant environments (MTEs) such as apartment, condos, and office buildings, landlords and internet service providers have exploited loopholes to nevertheless create de facto monopolies in buildings,” said Jenna Leventoff, senior policy counsel at Public Knowledge.
The group is asking for a ban on “all types” of these arrangements that “negatively impact consumer choice, ensuring all ISPs have access to a building’s wiring regardless of the owner, creating a ‘rocket docket’ to quickly adjudicate supposed violations, and creating a single regulatory regime for both commercial and residential MTEs.”
In a joint submission on Wednesday, Consolidated Communications Holdings and Ziply Fiber said they “often confront such anti-competitive agreements,” with revenue sharing and marketing arrangements being the most “prevalent and troublesome.
“In practice, these agreements frequently work together as a complete bar to competing providers, giving the incumbent broadband provider a de facto exclusive service agreement with respect to an MTE,” the submission said, alleging MTE owners will “explicitly cite their lucrative revenue sharing agreements with an existing provider as their reason for not allowing our companies to access their buildings” and so to not to lose out on that compensation.
Harm on building owners
For the Stewards of Affordable Housing for the Future, exclusive wiring arrangements have not only limited choice for residents, but it has allegedly locked housing providers into “long-term onerous contracts that prohibit them from pursuing connectivity solutions, such as owner-provided broadband, at their properties.”
Members of the affordable housing group are recommending the FCC impose “reasonable standards” on such agreements, which require ISPs to offer low-cost programs or owner provided broadband at a competitive cost and give landlords an option to exit or renegotiate a contract after a certain time.
The FCC’s look into the issue comes after a bill, introduced on July 30 by Rep. Yvette Clarke, D-New York, outlined plans to address exclusivity agreements between residential units and service providers, which sees providers lock out other carriers from buildings and leaving residents with only one option for internet.
FCC Votes on Proposals Ranging From Emergency Response to SIM Swap Fraud in Open Meeting
The agency held an open meeting Thursday to hammer out votes on a range of issues.
WASHINGTON, September 30, 2021 — The Federal Communications Commission voted in an open meeting Thursday on several items, including expanding the E-Rate program and addressing SIM swap fraud and robocalls.
The commission voted to increase backup power to networks in case of emergencies and natural disasters and update outage reporting requirements. This follows an aggressive response from the agency during Hurricane Ida. The federal government lost $284 million of productivity during the winter storms last year.
Targeting robocalls from overseas, the FCC passed a set of rules for gateway voice service providers. Gateway providers will be asked to block calls from numbers the FCC lists, to authenticate caller ID and to submit to the FCC a certification of the practices they are using to block robocalls. This follows the June 30 deadline for large voice service providers to implement the STIR/SHAKEN regime, which requires telecoms to work to limit robocalls and ID spoofing or face fines and penalties.
In an effort to reduce SIM swapping and port-out fraud, rules were proposed which would require carriers to adhere to a set of secure methods of authenticating the identity of a customer before moving a customer’s phone number to another carrier or device.
SIM swapping is the act of identity theft whereby a person convinces a wireless carrier to transfer a victim’s cell service into the thief’s possession. Port-out fraud is when the thief creates an account with a new carrier and convinces the victim’s carrier to port out the victim’s service to the new carrier.
The notice also proposes that customers be alerted immediately whenever a SIM change or port request is made under a customer’s identity and account. FCC Acting Chairwoman Jessica Rosenworcel quoted senator Ron Wyden, D-Oregon, stating that “consumers are at the mercy of wireless carriers when it comes to being protected against SIM swaps.”
The FCC also updated the definition of library to include tribal libraries for use with their E-rate program, following a 2018 law from Congress. Many tribal libraries under the law were excluded from the program, which subsidizes broadband for schools and libraries, for over 20 years. Only 15 percent of tribal libraries reported having received E-Rate support.
The FCC also adopted and made transparent a series of questions that will be asked of foreign-owned companies wishing to participate in the US telecommunications market.
Questions include whether the applicants or investors have been charged with felonies, been subject to penalties for violating regulations of the US government, have undergone bankruptcy, are on the Specially Designated Nationals and Blocked Persons list and more.
FCC Commissioner Simington Says Universal Fiber to the Home Can Wait
Simington also raised idea of Big Tech contributing to Universal Service Fund.
WASHINGTON, September 29, 2021 – Federal Communications Commissioner Nathan Simington said Tuesday that adoption issues for fiber is delaying the need to make universal fiber to the home a priority right now.
“I think we can push back on fiber to the home universally, at least in noting that there are edge cases and adoption issues there and that some degree of wireless is going to have to be part of the broadband future,” Simington said in a one-on-one conversation with the Internet Innovation Alliance.
A large part of the discourse surrounding the future of broadband expansion in the country is what kinds of technologies are most prudent to ensure connectivity now and scalability in the future. The Wireless Industry Association has pressed the fact that multiple technologies, including wireless, have a play in broadband’s future, while the Fiber Broadband Association and others have said fiber buildout is the best, most scalable technology.
The last mile, where the cable physically attaches to the home or business, was said at the Digital Infrastructure Investment conference this week to be a goal for broadband expansion.
But Simington said that while fiber is a “robust technology,” there’s a chunk of Americans that may not want it.
“I’m going to go out on a limb and say that there are some users who are not particularly interested in fiber,” Simington said. “That might be people who are, for example, device-only users and they don’t want a home broadband connection — that’s about 20 percent of the national population (of broadband users), although the question of want is sort of up in the air.
“Obviously to a person who is device-only, the only use that fiber would have would be to provide hotspot. And if you’re spending your entire day out and about working, what matters to you is having adequate wireless coverage in your area,” he added.
Simington touches on Universal Service Fund
Modernizing the Universal Service Fund has been one of the hot topics for broadband this year. The fund, which extends basic telecom services to all Americans, has been called unsustainable due to its reliance on shrinking voice revenues.
Some have suggested that the fund’s reliance be wholesale replaced with general taxation from Congress, while others have said that the fund’s revenue base should be extended to include the increasing broadband revenues.
Simington prefaced his comments by saying he didn’t want to get ahead of Congress, which would set the parameters of a new regime, but raised previous recommendations – including from FCC Commissioner Brendan Carr – that part of the money can come from big technology companies, like Facebook and Google.
“We might also say that there are companies that have built their model on there being universal broadband and have been the beneficiaries of the buildout without having to do much to contribute to it…that’s something that has been raised on both sides of the aisle,” he said.
He added that another approach “would simply be to say that broadband is essentially the equivalent of a telephone service back in the day and therefore we are going to put it on everyone’s broadband bill instead of on the relatively small installed base of phone line subject to the USF. That would certainly be one approach. It would smooth things out somewhat, it would presumably broaden the base very substantially.”
In any case, Simington said the USF is “absolutely vital” and that it’s failure would be “at minimum…immensely disruptive.”
Spectrum strategies and future technologies
In his roughly hour-long chat, Simington touched on a myriad of other issues before the FCC, including the future of satellite technologies, spectrum strategies, and funding for programs to deliver telecommunications services to all Americans.
The commissioner noted that the FCC is prioritizing clearing spectrum for technologies including the next-generation 5G networks, and that the agency is looking to “squeeze every drop” of mid-band frequencies for that end. The FCC has already held a number of auctions for mid-band spectrum, including its massive C-Band auction.
FCC Acting Chairwoman Jessica Rosenworcel said earlier this year that the mid-band spectrum is a priority for the agency over millimeter wave spectrum to close the digital divide.
Simington also said spectrum sharing will increase as technological advances are made. The FCC is fielding comments about how to handle the 12 GHz spectrum band, which is effectively pitting satellite providers who say it can’t be shared and 5G providers who say that it can.
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