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No Change on Chevron, Suit Says Apple Rigged iOS 13, Will 6G End the Smart Phone?

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Photo of FCC Chairman Ajit Pai from TechCrunch

Federal Communications Commission Chairman Ajit Pai, when asked if he had changed his position on the issue of Chevron deference said he had never, to his knowledge, taken a position on the Supreme Court decision.

Pai was speaking at a Technology Policy Institute event on Thursday, the day after Thomas Johnson of the FCC general counsel claimed FCC authority to interpret Section 230 of the Communications Decency Act.

See “FCC Details Section 230 Authority Argument,” Broadband Breakfast, October 22, 2020

Johnson said that because of the “unique interest” generated by Pai’s decision to move forward with the rulemaking to interpret Section 230, “Chairman Pai has now asked me to make my analysis public, in furtherance of his longstanding commitment to transparency in the rulemaking process.”

Johnson responded to public commentators who claim through what is sometimes called “Chevron Step Zero” that “Congress did not intend for the Commission to administer Section 230, and therefore, the Commission has no authority to interpret it.”

Chevron deference comes from the landmark supreme court decision Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., – the landmark 1984 decision governing administrative law.  Johnson said that “Congress is well aware that the ambiguities it chooses to produce in a statute will be resolved by the implementing agency.”

When Pai was asked if he believed that Twitter and other platforms are publishers under the law or how to save the internet without destroying it, Pai emphasized that the FCC was squarely concerned about the interpretation and scope of the liability provision and giving meaning to terms some find ambiguous. “We’ll leave the broader policy debate to others at this time,” he said.

Apple sued for rigging iOS 13 for ‘Massive Data Usage’

Apple embedded a “consuming code” for “its own undisclosed purposes and its own benefit” in last year’s iOS version 13, according to a lawsuit filed Saturday in federal district court in San Jose, seeking class-action status.

This code, according to the lawsuit, caused iPhone users to face “exorbitant” overage fees from their carriers as their monthly data allowances depleted without their knowledge.

“Apple has the ability to correctly identify and account for all mobile data usage by its numerous operating system features,” said the complaint. iPhone makers “tried to hide the massive data usage” by “miscategorizing it in a way that many users would not discern,” which violates California consumer protection and unfair competition laws.

“Apple knew what it was doing, and it tried to keep users from discovering the amount of money Apple was costing them. Apple also deliberately withheld from users the ability to control the costs.”

All who installed iOS 13 on their iPhones before Apple’s June release of version 13.6 which eliminated the consuming code are identified as the potential class for the suit.

6G to end smart phone era

6G could be the end of the smart phone era, projected Virginia Tech Professor Walid Saad at a symposium last week on so-called “6G” technology.

Enabled in part by greater spectrum, integrated satellite networks, energy transfer and harvesting, and edge artificial intelligence, 6G promises multisensory XR applications, connected robotics and autonomous systems, wireless brain computer interactions, and blockchain and distributed ledger technologies, explained Saad.

6G has the potential to integrate technology into people’s daily experience. In the morning during a workout, a person would have a virtual assistant helping with your workouts that would compile and sent data to a doctor warning about any potential health issues, explained Mazin Gilbert, electrical engineer for AT&T.

Synchronous multiparty gaming will be enabled through the mobile cloud and autonomous cars and navigation through XR devices will become the norm. When attending football games, people will be able to have the same experience from any seat in the stadium.

Through 6G people will be able to do more at home, from trying on clothes at a store to having medical procedures. The low latency that started in 5G will progress to enable more holographic communications.

Energy efficiency will be a big part of 6G, said Saad. He predicted that in the next 5-10 years more devices will be reliant on battery which will make energy efficiency a lot more important. Going forward he suggested lowering energy and increasing AI would be one of the biggest challenges.

Reporter Liana Sowa grew up in Simsbury, Connecticut. She studied editing and publishing as a writing fellow at Brigham Young University, where she mentored upperclassmen on neuroscience research papers. She enjoys reading and journaling, and marathon-runnning and stilt-walking.

Broadband Roundup

Democrats Frustrated with Biden Inaction on FCC, Comcast Gets 10 Gbps, Louisiana Wants Widespread Broadband

Democrats frustrated with Biden’s delay on FCC, Comcast tests 10 Gbps speed, Louisiana wants 75% more broadband in six years.

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Louisiana Governor John Bel Edwards.

October 14, 2021 – Democrats in Congress have grown increasingly frustrated at President Biden’s slow pace in naming a permanent commissioner to serve on the Federal Communications Commission, according to a report from Politico.

Nearly ten months after President Biden’s January inauguration, congressional Democrats worry that the president’s progressive telecommunications agenda is at risk, the report said.

Senator Ben Ray Luján, D-New Mexico, chair of the Senate Subcommittee on Communications, Media and Broadband, told Politico that “there’s no good excuse” for Biden’s delay in nominating an FCC chair. Luján added that he is “absolutely fearful that what the administration is setting up is a 2-1 Republican majority FCC under a Democratic administration. That is unacceptable.”

Pressure on Biden to nominate an FCC chair arrives as Acting Chairwoman Jessica Rosenworcel gains support from members of Congress and stakeholders.

Earlier this month, former FCC commissioner Michael O’Rielly said he is “perplexed” by Biden’s inaction to formalize Rosenworcel as chair. Seventeen education groups wrote a letter to Biden in September urging him to make her the permanent chair, while over two dozen senators signed their own letter asking for the same. Senators Elizabeth warren and Bernie Sanders did not sign onto the letter, signaling a possible disconnect amongst Democrats about who is the best person for the job.

Politico reports that, for comparison, former President Donald Trump named Ajit Pai as FCC chair only three days after being sworn in. No previous president has taken this long to name an FCC chair, the story said. Biden’s delay is alarming to Congressional Democrats who have been eager to confirm Biden’s nominees for the position.

Comcast says it has achieved 10 Gbps internet speed in test

Comcast said it has achieved internet speeds of 10 Gigabits per second on a test using new DOCSIS 4.0 technology.

A Thursday press release claimed it is the world’s first test of a “10G” connection, 10 times faster than the gigabit internet speeds that in many areas are the fastest speeds money can buy. Such speeds using the latest DOCSIS 4.0 technology was already predicted.

The cable company conducted the test at the Virtual SCTE Cable-Tec Expo from its network to a modem. The promise, according to Comcast, is that because the process is virtualized, it will be able to deliver these speeds to existing connections already in homes.

Louisiana to boost broadband by 75% in six years using FCC funds: report

Louisiana will use $342 million it received from the Federal Communications Commission to close 75 percent of the state’s broadband access problems in six years, according to a report from the Louisiana Illuminator.

“[W]e have to work with a sense of urgency” said Veneeth Iyengar, executive director of the Broadband Development and Connectivity Office.

Iyengar said he believes the state’s estimate that 500,000 households do not have broadband access is a “lowball estimate.” However, Iyengar struck an optimistic tone when discussing the possibilities for the funding.

The FCC granted Louisiana the $342 million last year. The office’s goal is to serve 100 percent of Louisiana households with broadband access by 2029.

Republican congressman Luke Letlow from Louisiana’s 5th Congressional District told the Louisiana Illuminator that he does not have high speed internet at his home in Start. Letlow compared broadband infrastructure to our physical roads and bridges. “There’s no difference, in my mind, in putting investments in the information superhighway,” Letlow said.

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Broadband Roundup

AT&T Hurricane Survey, FCC Announces $1.1B from Emergency Connectivity Fund, Comcast’s Utah Plans

AT&T copper facilities suffered significant damage after Ida, FCC’s second round of ECF, and Comcast’s expanded plans for low-income Utahns.

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AT&T CEO John Stankey.

October 13, 2021 – AT&T has reported that its copper facilities suffered “significant” damage in parts of Baton Rouge, Louisiana following Hurricane Ida this summer, but said it is pivoting to different technologies to restore affected areas.

On Wednesday, the company told the Federal Communications Commission that a survey of the damage from the Category 4 hurricane “revealed numerous facilities significantly damaged, including copper cables and terminals that have been temporarily repaired to restore service to the impacted customers.”

The company has said that it is using existing technologies, including its gigabit passive optical network and its fiber to the premises infrastructure to “mitigate all affected customers previously served on copper cables in the affected distribution areas.”

FCC announced another $1.1 billion from Emergency Connectivity Fund

The Federal Communications Commission announced Tuesday another $1.1 billion in a second round for its $7-billion Emergency Connectivity Fund program, which provides funding for schools and libraries to buy connected devices and connectivity.

The latest funding round will toward 2.4 million devices and 1.9 million broadband connections, the agency said.

“This new round of funding will connect even more students and library patrons with new tools for online learning and communicating with teachers in our ongoing work to close the Homework Gap,” FCC Acting Chairwoman Jessica Rosenworcel said in a press release.

“We are providing resources for schools and libraries across the country, from tiny communities in Delta Junction, Alaska supporting Delta Community Library, to large school districts like New York City.  Together with the Emergency Broadband Benefit Program, the Commission is investing more than $10 billion to support America’s critical broadband needs.”

The second wave of funding follows the $1.2 billion the agency said last month it will be disbursing, which will go to 3,040 schools, 260 libraries and 24 consortia. The FCC said in a press release Tuesday that it has so far processed 60 percent of applications.

The two waves of funding will so far go toward connecting eight million students.

Comcast announces expansion plans for low-income Utahns

Alongside state and city leaders, Comcast announced Tuesday additional plans for its 10-plus year mission to connect low-income residents of Utah and to close the digital divide in the state.

Those plans, part of the company’s “Project UP,” include engaging state, county and city leaders to open more free Wi-Fi zones, “connect more families to the Internet at home, and increase speeds for businesses and families across the state,” it said in a Tuesday press release. The Internet Essentials program has connected 10 million people to the internet at home, the company said.

“Comcast’s expanded eligibility for Internet Essentials, now including all Federal Pell Grant recipients within its service area, will enable even more students to stay connected as they continue to pursue degrees at colleges, universities, and technical schools,” the release said.

“Comcast’s top priorities are connecting people to the Internet at home, equipping safe spaces with free WiFi and working with a robust network of nonprofit community organizations, city leaders, and business partners to create opportunities for low-income Americans.”

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Broadband Roundup

Facebook Changes and Second Whistleblower, Comcast’s Spam Call Feature, AT&T Picks Ericsson for 5G

Facebook is nudging teens away from harmful content, Comcast’s new spam call blocker, AT&T goes with Ericsson for standalone 5G.

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Sophie Zhang from NBC news interview earlier this year.

October 12, 2021 – Following testimony from a whistleblower claiming Facebook can’t be trusted with research that shows its photo-sharing app Instagram is harmful to teens’ mental health, the company said it is making changes to the content people see even as another whistleblower said she is willing to testify in front of Congress.

The company has been under pressure since the release of a Wall Street Journal story that reported Facebook knew about the negative impact of Instagram on the mental health of teens, which triggered a call by lawmakers for the company to suspend the development of an Instagram for kids to which it obliged.

The company announced this weekend that it is making changes to its Instagram platform, including promoting teens to take a break from it and “nudging” teens away from the same content that they deem not good for their health.

But the company is now facing a possible second whistleblower, who said she provided to a U.S. law enforcement agency “detailed documentation regarding potential criminal violations.” Sophie Zhang, a data scientist for Facebook, said she is willing to testify before Congress about her experience, according to CNN.

As for the first whistleblower, Frances Haugen, who testified in front of Congress on October 5, will meet with Facebook’s Oversight Board, an independent panel the company set up to review executive decisions, according to reports.

Comcast introduces feature for customers to block spam calls

Comcast Corp. on Tuesday announced a new feature that will allow the company’s Xfinity Voice customers to block inbound calls based on risk levels that the company’s systems flag as possible spam.

The new feature will categorize calls as low, medium and high risk of being a nuisance call and will give customers the ability to choose, through the Xfinity Connect portal, what the company should do with which level of risk.

By default, the company blocks high risk calls, sends medium risk calls to voicemail and allows low risk calls to go through. “Customers will receive notifications of the call’s risk rating on their Caller ID as well as on the largest screen in their home – the TV – and can easily manage their preference settings using the Xfinity Connect portal,” the company said in a Tuesday release.

The company said the new Spam Blocker feature will give customers “added control over unwanted spam, spoofing and robocalls to their home.”

The new feature follows another the company released last March, called Verified Caller ID, which made visible on caller ID calls that were verified by the company as not spoofed – in other words, that the number is where the call is actually coming from and not faked.

The two features are part of the company’s efforts to meet the regulatory requirements for the STIR/SHAKEN regime, which requires telephone companies to put in place measures to limit and restrict spam and illegal robocalls and that has been in place for large carries since June 30. These companies have been working with analytics companies to help them sift through what’s a legitimate call and what isn’t.

Smaller telephone service providers have until June 2022 to implement similar measures, but some in the industry are asking that facilities-based carriers – which are said to let through much fewer spam calls – to be given until 2023.

AT&T partnering with Ericsson for 5G network

AT&T has selected Sweden’s Ericsson for a standalone 5G network using C-band spectrum, the company said Monday.

The five-year deal will go toward covering 70-75 million people with 5G over the C-band spectrum by the end of 2022, with a plan to reach 200 million people by the end of 2023, according to a Monday press release. A standalone network does not rely on a 4G backbone.

“Ericsson will help AT&T to bring its 5G network to more consumers, businesses and first responders across key industries – including 5G use cases in sports and venues, entertainment, travel and transportation, business transformation and public safety,” the release said.

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