Federal Communications Commission Chairman Ajit Pai circulated a proposal to address the three issues raised by the D.C. Circuit Court of Appeals in an October 2019 decision on the agency’s net neutrality repeal.
In December 2017, the FCC repealed regulations that had classified broadband internet access service as a form of “telecommunications service” subject to some common carrier obligations.
In returning broadband to the regulatory classification of an “information service,” the Republican-led agency took potentially onerous regulations away from broadband companies, explains Broadband Breakfast Editor and Publisher Drew Clark, who is Of Counsel at The CommLaw Group.
See “D.C. Circuit’s Decision in Net Neutrality Case Likely to Open New Fronts of Attack Against FCC,” Broadband Breakfast, October 7, 2019
The appeals court largely upheld the FCC’s December 2017 net neutrality repeal. Still, it directed the agency to reconsider the order’s impact on public safety, attachments to utility poles and the agency’s ability to provide subsidies for broadband service through the Lifeline program.
Pai’s order is not proposing any policy changes to address the issues raised by the appeals court, according to Reuters.
Sen. Ed Markey, D-Mass., blasted Pai, saying that “the FCC was wrong when it repealed the net neutrality rules, and it’s wrong again today.”
“By failing to course-correct what the D.C. Circuit Court accurately described as an action ‘unhinged from the realities of modern broadband service,’ the Commission is continuing to take us down a path towards a less free and open internet,” said Markey.
West Virginia candidates want broadband classified as a utility
Candidates affiliated with the West Virginia Can’t Wait political movement, who are running for everything from the U.S. Senate and House of Representatives to the Fairmont City Council, are calling for broadband internet to be classified as a public utility, in their “Broadband for All” proposal, reported Scott Gillespie for Government Tech.
Key elements of the plan include having broadband internet access governed by the Public Service Commission of West Virginia and creating a state Office of Technology to coordinate the expansion of broadband.
Candidates are aiming to fund a public broadband “middle mile,” which they believe would limit monopolistic power of service providers. They trust the new classification will increase competition and access, while working with counties and municipalities to secure federal funding.
Paula Swearengin, who is running against sitting Senator Shelley Moore Capito in the general election, said West Virginians are poorly served by large out-of-state internet providers and that it is time local public providers are empowered.
“Unlike my opponent, I do not favor price-gouging internet service provider monopolies like Comcast, Verizon, Suddenlink and AT&T. I support broadband as a public utility for all Americans by eliminating barriers to municipal and community-owned broadband networks and building a nationwide public digital infrastructure,” Swearengin said, “such an approach would be good for state businesses and workers and diversify West Virginia’s economy.”
Glenn Woroch named as the FCC’s new chief economist
Glenn Woroch was appointed as the FCC’s new new chief economist on Friday. Woroch is based in the Office of Economics and Analytics and he began working at the Commission only on September 25, 2020.
Woroch is professor at University of California-Berkeley, where he spent nearly three decades serving as executive director of the Center for Research on Telecommunications Policy at the Haas Business School.
In addition to his leadership role in advancing telecommunications research at University of California-Berkeley, Woroch has served on the editorial boards of publications that are highly relevant to the Commission’s work, such as Information Economics & Policy, Journal of Regulatory Economics, and Telecommunications Policy. He also has served as a peer reviewer for over a dozen other journals.
“Glenn is an extremely talented and respected economist, and his expertise in regulatory economics and telecommunications policy will be of great value to the entire Commission,” said Pai. “I look forward to learning from his insights into various aspects of the Commission’s critical work.”
Court Strikes Social Media Law, Industry Likes Cyber Initiative, Meta Data Transparency Project
Key provisions in the social media law signed by Gov. Ron DeSantis was found unconstitutional by an appeals court.
May 24, 2022 – The 11th Circuit Court of Appeals ruled in a unanimous 3-0 decision Monday that key provisions in Florida’s social media censorship law is unconstitutional, following a preliminary injunction granted by a Florida judge last year.
The social media law, signed by Governor Ron DeSantis, would have prohibited companies from banning politicians on their platforms and limit their content moderation and editorial decisions, claiming that social media platforms are suppliers of a platform who should have no hand in the flow of information. The law was adopted following a number of high-profile Republican figures were banned from social media platforms, including former President Donald Trump from Twitter.
But the court found that provisions that allowed for the law to prevent tech platforms from removing political figures and posts by political candidates – key provisions in the law – were unconstitutional, affirming the court’s decision when it temporarily stopped the law from taking effect until it made a final determination. The court, however, found some provisions regarding data and disclosure requirements to remain in force.
The ruling came in response to a lawsuit issued by NetChoice and Computer and Communications Industry Association.
The decision comes nearly two weeks after a federal appeals court temporarily lifted restrictions on a similar law in Texas until the courts can make a final determination.
The court said in its decision that, “not in their wildest dreams could anyone in the Founding generation have imagined Facebook, Twitter, YouTube, or TikTok. But whatever the challenges of applying the Constitution to ever-advancing technology, the basic principles of freedom of speech and the press, like the First Amendment’s command, do not vary when a new and different medium for communication appears.”
Industry commends Biden administration for progress on federal cybersecurity
Experts are applauding the White House’s progress in the year since President Joe Biden signed an executive order to focus on cybersecurity, according to The Hill, specifically highlighting the improvements in sharing threat information from government to private sector.
“I think the public-private partnership portion of the executive order has really been key,” said Kelly Rozumalski, senior vice president at IT consulting firm Booz Allen Hamilton, explaining that the Cybersecurity and Infrastructure Security Alliance has now partnered with numerous companies in the private sector to push for cybersecurity.
“I’ve seen much more directive, actionable steps coming out now and I think the executive order is a big reason for that,” added Chris Wysopal, chief technology officer of Veracode. “[The order] sort of changed the status quo from best practices to practicality.”
The executive order in May of 2021 introduced several initiatives to secure federal networks and critical infrastructure against cyberattacks, which included sharing threat information, modernizing federal cybersecurity standards, and improving software supply chain security.
The order was enacted amid major cyberattacks, including oil transport company Colonial Pipeline and software company SolarWinds. As a result of the order, said The Hill, many companies are taking software security more seriously and require that suppliers sell them upgraded and secure software.
In March, Congress passed the Cyber Incident Reporting for Critical Infrastructure Act, which requires private sector companies to report incidents of cyberattacks to the federal government.
Meta announces data transparency project
Meta, the parent company of Facebook, Instagram, and WhatsApp, announced on Monday the Facebook Open Research and Transparency project, which will grant access to researchers to data on how political advertising can be targeted on their platforms.
Meta, according to New York times, has given outsiders access into how political ads were used in the past, but only with certain restrictions. Meta claims that “by making advertiser targeting criteria available for analysis and reporting on ads run about social issues, elections, and politics, we hope to help people better understand the practices used to reach potential voters.”
The project will be initiated by the end of the month. The data will allow researchers to see what interest categories advertisers chose for each post. Meta will also include summaries of targeting information the Ad Library which is currently publicly available.
D.C. Attorney General Sues Zuckerberg, Carr Criticizes Infrastructure Bill Details, Vermont to Expand Fiber Builds
The lawsuit comes years after Facebook was found to have been used to harvest personal data for political purposes.
May 23, 2022 – On Monday, Washington D.C. Attorney General Karl Racine sued Meta CEO Mark Zuckerberg for alleged consumer privacy violations revealed during the Facebook-Cambridge Analytica scandal that broke in 2018.
In his office’s filings with the D.C. Superior Court, Racine argued that “Facebook is far from a disinterested platform” and that it “[derives] enormous wealth from acquiring and monetizing the data of [billions of people] leading their lives in Facebook’s digital ecosystem.
“But even that is not enough,” the filing read. “Facebook is in a relentless pursuit to expand its reach on humanity and bring an ever-increasing number of people under its influence.”
To that end, the filings stated that “Cambridge Analytica used the Facebook Platform—in a way that Facebook and Zuckerberg encouraged—to influence and manipulate the outcome of a United States presidential election.”
As co-founder, CEO, chairman, and majority voting shareholder (Zuckerberg holds 60 percent of Meta’s voting shares according to the filings), Racine stated that Zuckerberg “maintains an unparalleled level of control over the operations of Facebook,” and thus bears the responsibility for its actions.
FCC Commissioner Carr says NTIA broadband infrastructure details picks “winners and losers”
Federal Communications Commissioner Brendan Carr released a statement expressing concern that the application details for broadband funding under the infrastructure bill released this month prioritizes one technology over others.
“[The notices of funding opportunity] will prevent states from funding projects that could quickly bridge the digital divide using those high-speed technologies in nearly all cases—putting too much of a thumb on the scale for fiber builds that provide robust service but can take years to build out in certain cases,” Carr said in a statement Thursday, but added, “I have no doubt that fiber projects would demonstrate their value in the lion’s share of cases.”
The week prior, the National Telecommunications and Information Administration’s released those funding details, which included an answer to a question about its technology preference for the builds. “With respect to the deployment of last-mile broadband infrastructure, the Program prioritizes projects designed to provide fiber connectivity directly to the end user,” the Commerce agency said in the 98-page NOFO.
Carr stated that this will “undoubtedly waste taxpayer dollars and leave families waiting on the wrong side of the digital divide.”
The Republican commissioner also condemned what he perceived as rate regulation and overbuilding.
“In the end, the Administration’s decision to pursue those political goals—rather than focusing on connecting the largest number of people as quickly as possible—will exacerbate the supply chain challenges and workforce shortages that already pose a hurdle to getting the job done.”
Vermont governor announces fiber grants
On Monday, Vermont Republican Gov. Phil Scott announced broadband grants totaling more than $16 million.
The grants will be focused on deploying more than 9,000 miles of fiber across Bolton and several other towns in the northeast corner of Vermont.
Scott was set to be joined by Vermont’s at-large congressional representative Democratic Rep. Peter Welch at 12 noon ET in Jericho, Vt., to formally unveil the project in question.
Senate Bill Would Alter Google Advertising, DOJ Cybersecurity Policy Reversal, Comcast on Hybrid Fiber-Coax
Senate introduces bill breaking up Google’s digital advertising business
May 20, 2022 – On Thursday a bipartisan group of senators on the Judiciary Committee introduced a bill that would force Google to break up its industry-leading online advertising exchange.
The Competition and Transparency in Digital Advertising Act would prohibit large companies like Google from both operating an ad exchange and a supply- or demand-side platform, should they process more than $20 billion in ad transactions.
The bill would also require Facebook to divest some of its advertising business.
“Companies like Google and Facebook have been able to exploit their unprecedented troves of detailed user data to obtain vice grip-like control over digital advertising,” said bill sponsor Sen. Mike Lee, R-Utah.
In late 2020, a coalition of 10 state attorneys general brought a lawsuit against Google alleging that its market dominance lets it overcharge businesses seeking to place ads online.
Justice Department changes directions on cybersecurity prosecution policy
On Thursday the Department of Justice announced it would reverse its charging policy on a federal computer fraud law, saying it will not prosecute “good-faith security research” efforts.
The change by the department relates to the Computer Fraud and Abuse Act, defining good-faith research as “accessing a computer solely for purposes of good-faith testing, investigation, and/or correction of a security flaw or vulnerability” without any intention of harming the public.
Last year, Georgia police sergeant Nathan Van Buren was successful in appealing his conviction under the CFAA to the Supreme Court.
DOJ argued that he should not have taken a bribe to access a woman’s license plate information during a 2015 Federal Bureau of Investigation sting operation, while Van Buren claimed that he had legitimate access to the database.
Comcast plans to release hybrid fiber-coaxial multi-gig speeds in the coming months.
Comcast is preparing to roll out faster multi-gigabit speeds across its hybrid fiber-coaxial network, Fierce Telecom reported Thursday.
Multi-gig rollout is expected in the coming months.
At an investor conference Comcast CEO Dave Watson stated that his operator’s choice to roll out mid-split upgrades on the way to Data Over Cable Service Interface Specification 4.0 technology will allow it to take speeds to the next level.
“We have a very fast, very efficient path to multi-gig symmetrical at scale that we can do,” said Watson.
He feels comfortable that despite Comcast fiber deployments in select locations, the company feels comfortable that its HFC network will remain competitive.
He also reiterated previous comments that fixed wireless access service is not a threat and that it does not materially impact churn from fixed wireless competitors.
- NTIA Doing All it Can to ‘Pressure’ States to Allow Municipal Broadband for Infrastructure Builds
- U.S. Must At Least Be ‘Fast Followers’ On Digital Currency, Panel Hears
- Broadband Breakfast on June 15, 2022 – Broadband Breakfast Live Online from Fiber Connect in Nashville
- Broadband Breakfast on May 25, 2022 – Broadband Breakfast Live Online from Mountain Connect in Colorado
- Closing Digital Divide for Students Requires Community Involvement, Workforce Training, Event Hears
- Court Strikes Social Media Law, Industry Likes Cyber Initiative, Meta Data Transparency Project
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