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Net Neutrality

Public Interest Groups Blast FCC For Refusal to Extend Public Safety Deadline on Net Neutrality Comments

David Jelke

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Photo of Andy Schwartzman from the Benton Institute

April 22, 2020 – Multiple voices weighed in on the Federal Communications Commission’s public notice seeking comment on its prior net neutrality decision, although public interest and some congressional representatives expressed anger at the agency’s refusal to allow additional time for comments.

On Monday, the FCC denied further extensions of time on the agency’s notice seeking to “refresh the record” on the net neutrality proceeding involving public safety, pole attachments, and the Lifeline program for low-income American’ access to telecommunications and broadband.

See Drew Clark’s in-depth analysis of the D.C. Circuit Court’s Decision in Mozilla v. FCC, which highlighted the court’s requirement for an agency remand, “D.C. Circuit’s Decision in Net Neutrality Case Likely to Open New Fronts of Attack Against FCC,” October 7, 2019.

But several industry and industry-focused groups were supportive of the agency’s general approach in eliminating net neutrality requirements.

Benton Institute for Broadband and Society Senior Counselor Andy Schwartzman called  “the denial of this extension request [] shameful.”

“[FCC] Chairman [Ajit] Pai and the FCC staff don’t think that the pandemic is enough of an emergency to provide more time for first responders to file comments about how the Commission can ensure that first responders can serve the public in emergencies like pandemics,” Schwartzman said.

Added Rep. Anna Eshoo, D-Calif., “When the Trump FCC repealed net neutrality two years ago, it completely ignored public safety. Santa Clara County firefighters paid a steep price when Verizon throttled their data speeds as they fought the worst fire in California’s history, and the County was helpless to resolve the issue. The County sued the FCC and the D.C. Circuit Court required the FCC to revisit its net neutrality repeal to account for public safety.

“Now, when these same first responders of the Santa Clara County Fire Department are requesting a very reasonable extension to file their comments in the FCC’s order because they are on the front lines in responding to the worst pandemic of our lifetimes, Chairman Pai has ignored their pleas,” said Eshoo.

A group of advocates including Public Knowledge, Access Humboldt, Access Now and the National Hispanic Media Coalition did file comments by the Monday deadline.

“In the comments, we explain how the FCC should reassert its authority over broadband providers so that it can properly fulfill its responsibilities. In particular, as millions of Americans are staying home due to the pandemic, it has become clear that reliable, affordable broadband access is important to allow people to work and attend classes from home — and is even a matter of public safety,” said John Bergmayer, legal director of Public Knowledge.

Industry-supportive groups instead praised the FCC’s effort to address the appeals court’s remand.

The Wireless Internet Service Providers Association said that the FCC’s “restoring internet freedom” order “put an end to stultifying utility-style regulation for WISPs,” said Louis Peraertz, vice president of policy for WISPA:

“It has fostered tremendous growth, investment and innovation, transforming the WISP marketplace,” said Peraertz. “Fiber and other exciting broadband technologies blossom, bringing more power, capacity and coverage to WISP networks and customers. Moreover, [the order] allows WISPs to more flexibly add and then serve their subscribers – a fact which is especially important not only in reducing the rural digital divide, but also in helping our nation successfully combat the COVID-19 pandemic.”

WISPA called for the FCC to grant WISP access to pole attachments at “just and reasonable rates just like providers of ‘telecommunications service’ and cable services,” said Peraertz.

TechFreedom General Counsel Jim Dunstan said that “the FCC need not, and should not, reconsider this fundamental aspect of its 2018 Order,” referring to the regulatory status of broadband services.

“The issues subject to remand are very narrow, and the FCC’s charge is only to better explain the impact of the return to Title I regulation on public safety, pole attachments, and the Lifeline program. That bar is very low and the FCC should have no problem” in explaining that reasonable access for pole attachments are technologically neutral, he said.

Technology Policy Institute President Scott Wallsten also defended the FCC’s deregulatory approach.

“The economics and history of common carriage regulation under the previous, Title II regime tends to be incompatible with rapid innovation and unsustainable over time.” He also argued that “network neutrality is inconsistent with high-performing public safety communications.”

Net Neutrality

For or Against, It’s Time To Consider Codifying Net Neutrality In Law, Panelists Say

Derek Shumway

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Photo of Morgan Reed from C-SPAN

March 18, 2021 – The issue of net neutrality has captured more bandwidth than needed and the concept – either for or against – must be codified in the law so the issue doesn’t surface every election cycle, the president of the App Association said during a Federal Communications Bar Association event Thursday.

“Absent congressional action, this yo-yo will continue,” said Morgan Reed, whose organization represents app makers and connected device companies. Reed proposed Congress deal with the matter by, once and for all, putting it in the Telecommunications Act.

The debate about net neutrality, which stipulates that all internet traffic should be treated equally and that no telecom should be able to accept payment to speed up applications, has picked up since the Federal Communications Commission changed leadership and President Joe Biden took office.

The acting chairwoman has been a supporter of net neutrality. Biden’s justice department dropped a lawsuit recently challenging a proposed net neutrality law in California, which AT&T said forced it to stop offering free services because it would not be able to give it preferential treatment under the proposed law.

All roads seem to point to the reinstatement of net neutrality rules once instated by the Obama-era FCC but was reversed by the Trump-era regulator.

Currently, telecommunications is categorized as a Title I service, meaning it is spared from additional FCC regulatory burdens like managing content over its networks. That can be reversed if it is reclassified as a Title II, which effectively bring it under the ambit of the net neutrality rules.

Kristine Hackman, vice president of policy and advocacy at US Telecom, said operating under Title I regulations is not appropriate and outdated.

“We can’t regulate internet well with a statute that was written before World War II!” She defended ISPs and said they are not engaging in throttling, despite what she called false accusations suggesting otherwise, and said it is not in their natural conscience to even try to throttle since the consumer is in their minds.

Part of the issue with the approach to net neutrality is the confusion surrounding who governs the issues. Jon Peha, professor at Carnegie Mellon University, said that the newspapers these days confuse legal authority with the rules, saying the FCC’s authority to regulate is muddied with what authority the Federal Trade Commission has. He said the current position of the FCC is that it has no authority to deal with net neutrality, privacy, and even pole attachments, explaining that its authority over communications infrastructure is unclear.

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Copyright

Public Knowledge Celebrates 20 Years of Helping Congress Get a Clue on Digital Rights

Derek Shumway

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Screenshot of Gigi Sohn from Public Knowledge's 20th anniversary event

February 27, 2021 – The non-profit advocacy group Public Knowledge celebrated its twentieth anniversary year in a Monday event revolving around the issues that the group has made its hallmark: Copyright, open standards and other digital rights issues.

Group Founder Gigi Sohn, now a Benton Institute for Broadband and Society senior fellow and public advocate, said that through her professional relationship with Laurie Racine, now president of Racine Strategy, that she became “appointed and anointed” to help start the interest group.

Together with David Bollier, who also had worked on public interest projects in broadcast media with Sohn, and is now director of Reinventing the Commons program at the Schumacher Center for a New Economics, the two cofounded a small and scrappy Public Knowledge that has become a non-profit powerhouse.

The secret sauce? Timing, which couldn’t have been better, said Sohn. Being given free office space at DuPont Circle at the New America Foundation by Steve Clemmons and the late Ted Halstead, then head of the foundation, was instrumental in Public Knowledge’s launch.

The cofounders met with major challenges, Sohn and others said. The nationwide tragedy of September 11, 2001, occurred weeks after its official founding. The group continued their advocacy of what was then more commonly known as “open source,” a related grandparent to the new “net neutrality” of today, she said.

In the aftermath of September 11, a bill by the late Sen. Ernest “Fritz” Hollings, D-S.C., demonstrated a bid by large copyright interest to force technology companies to effectively be the copyright police. Additional copyright maximalist measures we launched almost every month, she said.

Public Knowledge grew into something larger than was probably imagined by the three co-founders. Still, they shared setbacks and losses that accompanied their successes and wins.

“We would form alliances with anybody, which meant that sometimes we sided with internet service providers [on issues like copyright] and sometimes we were against them [on issues like telecom],” said Sohn. An ingredient in the interest group’s success was its desire to work with everyone.

Congress didn’t have a clue on digital rights

What drove the trio together was a shared view that “Congress had no vision for the future of the internet,” explained Sohn.

Much of our early work was spend explaining how digitation works to Congress, she said. The 2000s were a time of great activity and massive growth in the digital industry and lawmakers at the Hill were not acquainted well with screens, computers, and the internet. They took on the role of explaining to members of Congress what the interests of their constituents were when it came to digitization.

Public Knowledge helped popularize digital issues and by “walking [digital information] across the street to [Capitol Hill] at the time created an operational reality with digitization,” said Bollier.

Racine remarked about the influence Linux software maker Red Hat had during its 2002 initial public offering. She said the founders of Red Hat pushed open source beyond a business model and into a philosophy in ways that hadn’t been done before.

During the early days of Public Knowledge, all sorts of legacy tech was being rolled out. Apple’s iTunes, Windows XP, and the first Xbox launched. Nokia and Sony were the leaders in cellphones at the time, augmenting the rise of technology in the coming digital age.

Racine said consumers needed someone in Washington who could represent their interests amid the new software and hardware and embrace the idea of open source technologies for the future.

Also speaking at the event was Public Knowledge CEO Chris Lewis, who said Public Knowledge was at the forefront of new technology issues as it was already holding 3D printing symposiums before Congress, something totally unfamiliar at the time.

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Net Neutrality

Serious Conversation Needed on Net Neutrality, Says New FCC Commissioner Nathan Simington

Derek Shumway

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Screenshot of FCC Commissioner Nate Simington

February 16, 2021 – Federal Communications Commissioner Nathan Simington said Tuesday that serious conversations need to be had about reforming net neutrality rules.

Simington sits on a very different-looking FCC, which includes net neutrality advocates including Acting Chairwoman Jessica Rosenworcel.

Net neutrality regulations banning broadband providers from blocking or throttling internet traffic were repealed by the Trump Administration-era FCC in December 2017.

Speaking at a Free State Foundation event, Simington said that communications companies should be permitted to manipulate traffic for revenue – speeding up some traffic for whichever content provider pays – even though it exacerbates the oligopoly problem in the U.S. The reason? Many Americans don’t even have access to high-speed internet.

At the same time, he also argued that no broadband provider should be able to throttle data.

And he also argued that the internet should be treated like a utility with minimum standards, especially now that the pandemic has proved the importance of connectivity. “If utilities aren’t allowed to provide poor service, why should internet service providers be able to?” he said.

Simington also touched on the need for broadband infrastructure as people have become reliant on broadband at-home during the pandemic. “America’s hunger for wireless bandwidth has gone parabolic in the last 10 years,” he said.

Simington said that major players in the wired infrastructure industry are setting minimum bandwidth and latency – the speed of real-time communications – standards that would have seemed absurdly high just a few years ago.

Simington also said he believes funding and regulating infrastructure should be delegated properly between the state and federal government. States can and should have a role to play in regulating industries, he said.

Simington said he hopes that, in celebration of the 25-year anniversary of the Telecommunications Act of 1996, that Congress considers a refresh of the law as newer technologies, such as video communication, emerges.

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