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.
Appeals Court Affirms FCC’s Spectrum Authority, FTC Privacy Rulemaking, (Root) Beer and Broadband
The Federal Communications Commission’s reallocation of intelligent transportation service spectrum was not arbitrary and capricious, the court held.
August 12, 2022 – The D.C. Circuit Court of Appeals on Friday affirmed the the Federal Communications Commission’s authority to reclassify radio frequency spectrum and make more of the 5.9 GigaHertz band available for broadband communication.
In 2020, the Federal Communications Commission reallocated a part of the radio spectrum from use by intelligent transportation systems to use by unlicensed transmission devices such as Wi-Fi routers.
In a unanimous running by a three-judge panel, Judge Justin R. Walker wrote: “Several groups that want to retain their old use of the reallocated spectrum argue that the FCC’s reallocation was arbitrary and capricious. It was not.”
In the relatively brief 15-page decision in ITS America v. FCC, the court upheld the FCC’s manner of changing a band’s usage.
In 1999, the FCC gave the auto industry 75 MHz of spectrum exclusively for “Dedicated Short-Range Communications” for the purpose of improving public safety. After more than 20 years of waiting for the industry to deploy DSRC, in 2020 the FCC approved an Order to phase out DSRC and replace it with a new, more efficient technology called Cellular Vehicle-to-Everything.
Supporters of the FCC, including non-profit groups like Public Knowledge, argued that 30 MHz of spectrum the auto industry retained is more than sufficient for collision avoidance and safety purposes. Rather than allowing the auto industry to retain excess spectrum for commercial uses such as location-based advertising, the FCC repurposed the lower 45 MHz for unlicensed use which will enable next-generation Wi-FI.
“By reaffirming the FCC’s decision, the D.C. Circuit will ensure that our airwaves are being put to their best and most efficient use,” said Kathleen Burke, policy counsel at Public Knowledge.
FTC opens process to consider new privacy rules
The Federal Trade Commission on Thursday announced proposals to go after businesses that collect and analyze personal-based information, and that don’t deploy the strong forms of data security.
“Firms now collect personal data on individuals at a massive scale and in a stunning array of contexts,” said FTC Chair Lina Khan. “The growing digitization of our economy—coupled with business models that can incentivize endless hoovering up of sensitive user data and a vast expansion of how this data is used—means that potentially unlawful practices may be prevalent.”
The agency’s press release went on to blast companies that “surveil consumers while they are connected to the internet – every aspect of their online activity, their family and friend networks, browsing and purchase histories, location and physical movements, and a wide range of other personal details.”
On July 20, the Senate Commerce Committee passed comprehensive privacy legislation a restricting collection and transfer of personal data of U.S. citizens without consent.
The measure has not yet passed the House, where Energy and Commerce Committee Chairman Frank Pallone, D-N.J., said in Thursday response: “I appreciate the FTC’s effort to use the tools it has to protect consumers, but Congress has a responsibility to pass comprehensive federal privacy legislation to better equip the agency, and others, to protect consumers to the greatest extent.
“Ultimately, the American Data Privacy and Protection Act is necessary to establish comprehensive national statutory privacy protections for all Americans and I’m committed to getting it passed and signed into law.”
(Root) Beer and Broadband episode features Broadband Breakfast’s Drew Clark
Bonfire Engineering and Construction on Thursday released a new episode of its “Beer and Broadband” podcast.
Check out our latest Beer & Broadband episode on how data & policy impacts broadband expansion. Hear from:
🎙️Drew Clark – Editor & Publisher of @BroadbandCensus
🎙️Russ Elliott – CEO of Siskiyou Telephone
🎙️Megan Beresford – Director at @LDAGrantshttps://t.co/wxV2bPfs7t
— Bonfire Engineering and Construction (@ourbonfirespark) August 11, 2022
Featuring Drew Clark, editor and publisher of Broadband Breakfast, Russ Elliott, CEO of Siskiyou Telephone, and Megan Beresford of LDAGrants, the episode focused on “How Data & Policy Impacts Broadband Expansion.”
Nick Dinsmoor and Brian Hollister of Bonfire, hosts of the informal program, structured the roundtable series as a way to bring together leaders in the broadband and infrastructure space to share their thoughts without egos, agendas, or selling.
Grid Broadband Bill, Ting Gets Financing, Finley Engineering Has New CEO
A new bill would provide grants to providers who can quickly build middle-mile infrastructure along existing electrical grid system.
August 10, 2022 – A bill introduced in the Senate last week would make grants available to those who can build middle mile fiber infrastructure along existing municipal rights-of-way and use existing assets to reduce the financial, regulatory and permitting barriers to broadband buildouts.
The Grants to Rapidly Invest and Deploy Broadband Act is intended to use existing electrical infrastructure to quickly expand broadband infrastructure to the 120 million American households that don’t have adequate connectivity, according to a Wednesday press release from Senate Commerce Committee Chairwoman Maria Cantwell, D-Wash., who co-introduced the bill with Sen. Shelley Moore Capito, R-W.Va.
The legislation specifically notes that it would like to fund those that have existing partnerships with last-mile providers to connect homes and business and ensure that the technology is scalable for more advanced services, including accelerating 5G wireless infrastructure and making affordable gigabit broadband speeds.
The bill would also require that the network would support the security of the electric grid by installing a private communications network for grid operators.
“Building out fiber along our nation’s existing grid will provide the communications capacity needed to modernize our energy system, make our grid more cybersecure, and bring affordable high-speed internet to tens of millions of hard-to-reach households,” Cantwell said in the release. “It’s a triple win solution for consumers because it leverages existing rights-of-way and private sector ingenuity and investment to deliver cleaner electricity, stronger cybersecurity, and more accessible broadband services.”
Ting Fiber gets $200M financing
Telecommunications company Ting Fiber announced Tuesday that it has secured $200 million in financing from Generate Capital, which the company said will help it deploy next-generation communications infrastructure to municipalities across the country.
“We chose Generate because we wanted more than just a financing partner. We wanted their project management expertise, sustainability expertise and the wide range of capital solutions they offer – all of which will help Ting as we continue to rapidly scale our operations,” said Elliot Noss, CEO of Ting and its parent Tucows.
The financing will be used to accelerate Ting’s network deployment and to take advantage of its move from coaxial to fiber technology.
Some of the financing, which was signed on Monday, will be forwarded as Ting achieved operational milestones, it said.
Finley Engineering announces new CEO
The board of directors of broadband and energy engineering and consulting firm Finley Engineering announced Wednesday that Ty Middleton will be the company’s next president and CEO.
Middleton will replace Mike Boehne, who is retiring after being in the job for 10 years, according to the press release.
The release notes that Middleton has experience in the cybersecurity, software-as-a-service, and telecommunications sectors, the latter of which he has 30 years experience.
“He joins Finley with extensive experience in cross-functional leadership roles including general management, field and business operations, sales, and business development,” the release said.
“Middleton has led high-growth, customer-centric, technology-fueled businesses from start-ups to Fortune 150, including time at MCI Telecommunications, Qwest Communications, and CenturyLink,” it added.
FTC Phillips Stepping Down, Chips Act Now Law, Alaskan Entities Getting $50M in Broadband Grants
Phillips told Politico that he is leaving the competition watchdog this fall.
August 9, 2022 – Federal Trade Commissioner Noah Phillips is stepping down from the competition watchdog, according to reporting from Politico.
The Republican commissioner – one of two on an agency with three Democrats – said he told President Joe Biden that he intends to resign this fall, according to the report.
Phillips has been critical of the direction the agency has taken under chairwoman and Big Tech critic Lina Khan, who was appointed by the president to lead the agency.
Phillips has expressed concern about the impact of antitrust rules on consumer prices, criticized the release of a report by the FTC that warned about the dangers of artificial intelligence to combat online harms, alleging that the commission did not consult outside experts, and broadly warned last year about the overall direction of the agency to turn away from the traditional way it viewed competition.
Others outside the agency have also expressed concern that the commission’s tilt, plus pieces of antitrust legislation before Congress, could harm the country’s global competitiveness in the tech industry.
Chips Act signed into law
President Joe Biden on Tuesday signed into law legislation that would provide billions in incentives for the nation to invest in its own semiconductor manufacturing.
In comments delivered before the signing, Biden said the goal of the “once in a generation investment” is to help the country “lead the world in future industries and protect our national security.”
The Chips and Science Act of 2022, which passed the House late last month, is a broad bill with a specific provision that includes $52 billion to incentive domestic manufacturing of chips that power a range of technologies, including phones, watches, cars and laptops, as well as grants for the design and deployment of 5G networks.
Nations during the pandemic have struggled with getting a steady supply of the chips for products, thus contributing to a supply shortage on many important technologies. This triggered increasing concern about the country’s reliance on others for basic technologies.
Currently only 12 percent of global chips are made in the U.S., which is down from 37 percent in the 1990s, according to Senator Michael Bennett, D-CO.
Alaska getting $50 million in broadband grants
Two native entities in Alaska are getting $51 million for high-speed internet, the National Telecommunications and Information Administration announced Monday.
The grants from the Commerce agency’s Internet for All program will go to Doyon Limited and Ahtna Intertribal Resource Commission to provide connectivity to 581 unserved households across villages in the Doyon region and in eight tribal governments in the Ahtna region for “activities including telehealth, distance learning, telework, and workforce development.”
“The digital divide on our tribal lands, especially in remote Alaska, is stark,” said Commerce Secretary Gina Raimondo in a press release. “The necessary investment through the Biden-Harris Internet for All initiative provides real change to these communities to participate in the digital economy, whether it’s education, health or jobs.”
The release said NTIA head Alan Davidson is visiting Alaska this week and said it is “humbling to see first-hand how these grants will positively impact the daily lives of Alaskan Natives who have been disconnected for far too long.”
- Appeals Court Affirms FCC’s Spectrum Authority, FTC Privacy Rulemaking, (Root) Beer and Broadband
- David Flower: 5G and Hyper-Personalization: Too Much of a Good Thing?
- FCC Denies Funding for Two of the Biggest Winners of Rural Digital Opportunity Fund Money
- Grid Broadband Bill, Ting Gets Financing, Finley Engineering Has New CEO
- Broadband Breakfast on August 17, 2022 – Summer of Broadband: Tennessee
- FCC Encouraged to Limit Data Collection on Affordable Connectivity Program, Others Want More
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