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Klobuchar Drops Big Antitrust Bill, Raimondo’s Nomination Advances, Suicide Hotline Location Data

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Photo of Gina Raimondo from July 2017 by Kenneth Zirkel used with permission

February 5, 2021 – Sen. Amy Klobuchar, D-Minnesota, unveiled sweeping new antitrust legislation on Thursday to address the growing market power of companies in technology and other industries.

Concern over big tech companies like Google and Facebook has been increasing on a bipartisan basis in Congress. And the Trump administration filed antitrust lawsuits against both companies late last year, together with state attorneys general.

Klobuchar has spoken repeatedly recently about the need to raise merger standards and hobble large companies’ ability to acquire smaller startup companies.

Computer and Communications Industry Association’s President Matt Schruers said that his association’s tech company members share Klobochar’s goal to protect consumers. “New antitrust rules should be based on principles that protect consumers and encourage innovation in various industries across the economy. America out-innovates other countries because we allow companies that can’t compete in the marketplace to fail.  We don’t protect one company from another; we protect the competitive process.”

Public Knowledge’s Charlotte Slaiman approved of the legislation: “This bill does important work to beef up antitrust enforcement, which is one key tool for improving competition,” the group said in a press release. “As a next step, we need new laws and rules targeted at particular industries that are facing a lack of competition.”

Tech Freedom was critical: “Sen. Klobuchar’s bill would move the United States towards a mother-may-I economy, where private companies would have to seek the government’s permission before engaging in routine transactions,” said Asheesh Agarwal, deputy general counsel of the non-profit pro-market group.

Gina Raimondo nomination to be Commerce secretary advances from Senate Commerce Committee 

The Senate Commerce Committee advanced Gina Raimondo for the Commerce secretary nomination on Wednesday in a 21-3 vote.

Currently serving as Rhode Island’s governor since 2015, Raimondo’s “real jobs” initiative in Rhode Island was highlighted by Sen. Maria Cantwell, D-Washington, previous to the vote. Cantwell said that the state project helped 11,000 people connect with 1700 employers throughout the state and helped lower Rhode Island’s unemployment rate.

“We’re blessed with Gov. Raimondo being both in the public and private sector,” Cantwell said. “That will give her a great deal of insight to the many challenges facing our economy, the competitiveness of businesses, the challenges of the information age,” she said.

Sen. Roger Wicker, R-Mississippi, expressed concern about the “governor’s reluctance to state unequivocally that she intends to keep Huawei on the Department’s entity list,” referring to Huawei as a growing national security concern for both Democrats and Republicans. “I urge the governor and the administration to make its position clear,” he said.

Republican Ted Cruz of Texas, Marsha Blackburn of Tennessee, and Rick Scott of Florida, made up the three “no” votes.

A vote in the full Senate is still required for her to be confirmed, and a date has not yet been set for that vote.

FCC advisory committee discusses location data for 988 suicide hotline

Members of the North American Numbering Council, a federal advisory committee comprised of telecommunication companies, on Thursday discussed the implementation of “988” as the new suicide prevention hotline, akin to the emergency number 911.

The new code was set aside in the National Suicide Hotline Designation Act that passed in October 2020, setting July 2022 as the deadline for the hotline to be fully operational. The current hotline number is 1-800-273-8255 (TALK).

All telecommunication carriers are required to make any network changes necessary to switch to the new dialing code. Jesse Goodwin, attorney advisor for the Federal Communications Commission’s Wireline Competition Bureau, said that many mobile carriers have already employed the new system.

One concern the committee discussed was whether to use locational data to pinpoint a caller’s location, similar to when someone calls 911.

When 911 is dialed, the mobile device goes into a special emergency protocol that overrides its current location setting, explained wireless association CTIA’s Matt Gerst, even if the location setting is turned off. This system has improved in the last 20 years, and helps responders find the caller’s location, he said.

The challenge for the FCC is to decide if and how a similar system is implemented for the 988 code, because the assistance required for someone seeking emergency help versus seeking help in a suicidal situation may be vastly different, committee members said.

Department of Veteran Affairs’ Crisis Line James Wright said that there can be vast differences in the types of calls that come in, with some being obviously suicidal, but others vague. Some calls take just a few minutes, while others take several hours, he said.

A representative from Comcast representative said the decision to use locational data needs to be informed by those working on the ground, and who actually speak to the suicidal callers dialing into the hotline.

Broadband Roundup

CHIPS Act Rules Against China, Idaho State Broadband Funds, FCC Combats Hidden Fees

Commerce Department’s new proposal would limit CHIPS Act recipients from investing in other countries

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Photo of Brad Little from his website

March 23, 2023 – The Department of Commerce released a Notice of Proposed Rulemaking to limit recipients of the CHIPS and Science Act from investing in the expansion of semiconductor manufacturing in foreign countries of concern such as People’s Republic of China, Russia, Iran, and North Korea, according to Commerce department press release Tuesday.

“The innovation and technology funded in the CHIPS Act is how we plan to expand the technological and national security advantages of America and our allies; these guardrails will help ensure we stay ahead of adversaries for decades to come,” said Secretary of Commerce Gina Raimondo.

“CHIPS for America is fundamentally a national security initiative and these guardrails will help ensure malign actors do not have access to the cutting-edge technology that can be used against America and our allies.”

In addition to the national security guardrails the CHIPS and Science Act already included, these new proposed rules would prohibit significant transactions for leading-edge and advanced facilities in foreign countries of concern for 10 years from the date of award; limit the expansion of existing legacy facilities and prohibit recipients from adding new production lines or expanding a facility’s production capacity beyond 10 percent; classify semiconductors as critical to national security; and impose restrictions on joint research and technology licensing efforts with foreign entities of concern.

The Commerce Department is now seeking comments for 60 days.

Idaho invests $125 million in state funds for broadband deployment

Idaho on Monday passed legislation to spend $125 million in state funds on broadband deployments as a part of it’s “Idaho First” plan, according to a statement from the governor’s office. The state plans to spend an additional $100 million is nearing legislative approval.

“In a data-driven society, connectivity is imperative for a strong economy. Improved broadband infrastructure means both urban and rural Idaho will be connected and well-positioned to attract business and enhance our citizens’ quality of life,” said Idaho Gov. Brad Little.

“I appreciate my legislative partners for prioritizing these new ‘Idaho First’ investments in broadband expansion,” said Little. “Together, we are ensuring a kid in Pierce can learn online with a kid from Pocatello and a senior citizen in Challis can connect to her doctor in Chubbuck. This is about all about connecting Idaho and improving lives.”

Both of these two states could receive millions more in broadband funding through the Broadband Equity Access and Deployment program.

Cable and broadcast satellite providers must offer customers what they charge and why they charge

A new proposal introduced by Federal Communications Commission Chairwoman Jessica Rosenworcel would require cable operators and direct broadcast satellite providers to specify their prices for video programming service in both their promotional materials and on subscribers’ bills, so that customers will not be confused, according to a Wednesday press release.

According to the proposal, cable and DBS providers need to include separate lines on each payment bill and promotional material for broadcast retransmission consent, regional sports programming, and fees for other programs that customers might sign up but without clear understanding.

“Consumers deserve to know what exactly they are paying for when they sign up for a cable or broadcast satellite subscription. No one likes surprises on their bill, especially families on tight budgets,” Rosenworcel said in the statement.

“We’re working to make it so the advertised price for a service is the price you pay when your bill arrives and isn’t littered with anything that resembles junk fees.”

This proposal of consumer protection is “latest in the Commission’s price transparency and increased competitiveness initiatives” which also includes the nation’s first Broadband Nutrition Label, that requires broadband providers to display easy-to-understand labels to allow consumers to compare broadband service shop and choose for their own, according to the press release.

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Broadband Roundup

Space Bills Get Markup, Cybersecurity Reserve Bills Introduced, Gigabit Center Opens in Crown Heights, NY

The Secure Space Act and the Satellite and Telecommunications Streamlining Act are scheduled for mark-up on Thursday.

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Photo of Cathy McMorris Rodgers in 2015 by Gage Skidmore

March 23, 2023 – The House Energy and Commerce Committee will host a mark-up meeting on Thursday to consider pieces of legislation that will “keep America at the forefront of next-generation communications technology,” according to a press release.

The Secure Space Act and the Satellite and Telecommunications Streamlining Act introduced by Chairman Frank Pallone, Jr., D-N.J., and Ranking Member Cathy McMorris Rodgers, R-Wash. in December last year will be among those going through the line-by-line process on Thursday.

The Secure Space Act prohibits the Federal Communications Commission from issuing satellite licenses or other related authorizations to untrusted actors, based on the framework adopted in the Secure and Trusted Communications Networks Act.

The Satellite and Telecommunications Streamlining Act clarifies FCC authority with the goal of promoting responsible use of space, incentivizing investment and innovation, and advancing U.S. leadership.

“America is leading the way in next-generation satellite technologies, which are contributing to a revolution in the communications marketplace,” the representatives said in a statement. “To make sure the U.S. – not China – continues to lead this global industry, we must streamline our regulatory processes to unleash innovation while also ensuring our laws fully protect the American public.”

Bills to ensure cybersecurity reserves in government introduced

Two bills introduced Tuesday by Sens. Jacky Rosen, D-Nev., and Marsha Blackburn, R-Tenn., would establish pilot programs that would hire civilian cybersecurity personnel in reserve to “ensure the U.S. government has the talent needed to defeat, deter, or respond to malicious cyber activity, especially at times of greatest need.”

The bills, some versions of which were previously introduced but did not pass, would establish the Civilian Cybersecurity Reserve pilot programs within the Department of Defense and the Department of Homeland Security.

“Cybersecurity threats targeting the United States continue to grow in scale and scope, demonstrating the urgent need for robust civilian cyber reserves capable of addressing these threats and protecting our nation,”  Rosen said in a press release on Tuesday“Our bipartisan legislation will help ensure the U.S. government can leverage existing cybersecurity talent from the private sector to help our nation deter and swiftly respond to cyberattacks.”

The bills comes at a time when federal agencies are “experiencing a growing shortage of cybersecurity talent,” the release said.

“As the cyber domain continues to expand in size and complexity, so should our cyber workforce,” Blackburn said. “By creating a reserve corps similar to our National Guard or Army Reserve, we can ensure the U.S. has qualified, capable, and service-oriented American talent that is necessary to address cyber vulnerabilities and keep our nation secure.”

Gigabit Center to provide free internet to students in Crown Heights, NY

The Brooklyn Gigabit Center, which will provide free internet resources for students, opened in Crown Heights, New York on Wednesday.

The center will provide free high-speed Wi-Fi, technology, education and school supplies to Crown Height, New York, an area where 36 percent of households lack broadband, according to the press release.

The center opened with a press conference hosted by the administration of Mayor Eric Adams, LinkNYC, the New York City Office of Technology and Innovation, digital infrastructure company ZenFi Networks, and tech education non-profit Digital Girl, according to a ZenFi Networks press release.

ZenFi Networks has previously opened centers in the Bronx, Manhattan, and Queens to help the local communities to learn and adopt to modern technologies.

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Broadband Roundup

DOJ Investigates TikTok, Google’s Generative AI Tool, Charter Counsel Retiring

An internal TikTok investigation found employees had allegedly spied on journalists, the Times reported.

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Photo of Sundar Pichai from 2021 by World Economic Forum used with permission

March 21 – Federal authorities are investigating Chinese-owned video sharing app TikTok over allegations its spying over journalists, reported The New York Times on Friday.

Three people familiar with the case told the Times that the Department of Justice has been investigating the company ByteDance after internal emails showed the company had conducted an internal investigation and “found employees gained access to data from two journalists and people associated with them,” the Times said.

According to the Times, a spokesperson said the company “strongly” condemns the actions of the four employees who obtained the data on the journalists and are no longer working for the company.

The investigation comes during a time Washington and state governments are on heightened alert of the app they say is a national security risk. A new memorandum by the White House’s Office of Management and Budget published in February outlines how agencies are to identify and ban problematic software, like TikTok, from government devices and networks.

Senators have also introduced the RESTRICT Act to further strength national cybersecurity by empowering the Department of Commerce to examine critical infrastructure products and ensure “comprehensive actions to address risks of untrusted foreign information communications and technology products.”

Google releases new Bard generative AI tool for trialing  

Google has released an artificial intelligence tool intended to assist users in daily tasks, the search engine giant’s attempt to enter the generative AI space shared by the popular ChatGPT application.

Called Bard, the tool allows users to use the generative AI software as a personal assistant to ask the machine to come up with ways to accomplish tasks. The tool presents a chat box that the user inputs questions into, with the “large language model” generating tips automatically.

Google said the machine is in “experiment” mode and is asking users to contribute to its refinement.

Bard comes a week after OpenAI, the company behind generative AI tool ChatGPT, announced the latest version of the tool that has been able to craft novels using basic prompts. In the latest version, the tool has been able to create websites and versions of 2D video games.

Its power has concerned lawmakers and has sparked calls by experts for its regulation.

Aleksander Mądry, professor of Cadence Design Systems at the Massachusetts Institute of Technology, said in a recent subcommittee hearing that generative AI is a very fast moving technology, meaning the government needs to step in to confirm the objectives of the companies and whether the algorithms match the societal benefits and values.

In January, ChatGPT eclipsed 100 million monthly users.

Charter’s executive vice president is retiring

Richard Dykhouse, executive vice president, general counsel and corporate secretary of Charter Communications, is set to retire from his position, but will remain until the company picks a successor, the cable company announced Monday.

“Rick has played a significant role in Charter’s transformation and growth story – including its reorganization in 2009, the acquisitions of Time Warner Cable and Bright House Networks, and the largest-ever integration of cable companies,” Chris Winfrey, Charter’s president and chief executive officer, in a press release. “I am grateful for Rick’s leadership, advice and sound judgment over the years and pleased that he will continue to assist us throughout the transition to his successor.”

Once the company finds the right person, Dykhouse will remain as executive counsel to support the transition, the release said.

Dykhouse joined Charter in 2006.

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