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FCC Steps Up to Hurricane Ida, OneWeb Sides With SpaceX on 12 GHz Sharing, FCC’s $5M Robocall Fine

FCC makes temporary changes for Ida, OneWeb says no to spectrum sharing, FCC proposes $5M for robocall scheme.

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OneWeb CEO Neil Masterson

August 30, 2021—Between August 28 and August 29, the FCC took a series of actions designed to allow those who find themselves in the path of hurricane Ida to seek help more easily or get information.

The first of such action was granting “special temporary authority” to various carriers to ensure that their operations are interrupted as minimally as possible. This would allow certain facilities, such as radio facilities, that may not otherwise be allowed to operate, to do so legally to the extent that they are enabling communication to those impacted by the hurricane.

This weekend, the FCC waived numbering rules for providers affected by Ida. This would allow telephone carriers to port numbers outside of their geographic region—particularly for remote areas in Louisiana and Mississippi—temporarily.

OneWeb maintains negative impact of spectrum sharing

In response to the FCC’s notice of proposed rulemaking regarding making flexible use of the 12 Gigahertz band, legal counsel for OneWeb asserted that a growing body of recent data demonstrates that cohabitation of the band would be disastrous for OneWeb’s ability to operate in the band.

RS Access has been an outspoken voice in favor of cohabitation, referencing a study conducted by RFK Engineering Solutions, LLC. SpaceX—another stakeholder opposed to flexible use in the band—has referred to the study in question as “fatally flawed” and that sharing the band will result in interference to their operations.

FCC proposes $5M fine for robocall scheme

The FCC is proposing this month a $5 million fine against two men accused of running a robocalling scheme.

The calls in questions were all made between August 26 and September 14 of 2020 and and allegedly fraudulently “informed” potential voters that if they voted by mail, their “personal information will be part of a public database that will be used by police departments to track down old warrants and be used by credit card companies to collect outstanding debts.”

On August 24, the FCC released a press release publicly condemning Jacob Wohl and John Burkman for allegedly making “unlawful robocalls to voters’ wireless phones without prior consent.” The fine would come out to just over $5.1 million and is designed to punish the men for making more than a thousand robocalls in violation of the Telephone Consumer Protection Act.

According to 10WBNS, Ohio Attorney General Dave Yost stated that these efforts were made is dissuade specific demographics from voting by mail in the 2020 election amid the pandemic.

“It’s pretty obvious that they were trying to discourage black citizens from exercising their right to vote by mail and that’s just reprehensible,” Yost said.

As noted by the release, this is not only the largest fine of its kind proposed by the FCC, but it is also the first where the FCC did not provide a warning to the parties in violation of the act.

Both Wohl and Burkman admitted their involvement in the scheme under oath.

Reporter Ben Kahn is a graduate of University of Baltimore and the National Journalism Center. His work has appeared in Washington Jewish Week and The Center Square, among other publications. He he covered almost every beat at Broadband Breakfast.

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Apple and Google Called ‘Gatekeepers,’ Huawei Trade Restrictions, Meta’s Antitrust Win

The NTIA claims that Apple and Google take advantage of their app stores to put unfair limitations on their competitors.

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Photo of NTIA Administrator Alan Davidson in 2017 by New America, used with permission

February 1, 2023 — Apple and Google are “gatekeepers” of the mobile app market, placing unfair limitations on competitors and ultimately harming consumers, according to a report issued Wednesday by the Commerce Department’s National Telecommunications and Information Administration.

The app market is almost entirely confined to the app stores run by Apple and Google, and the report alleges that these companies create unnecessary hurdles for developers — such as restricting app functionality and imposing “slow and opaque review processes.”

The NTIA’s recommendations, issued at the direction of President Joe Biden’s 2021 executive order on competition, include prohibiting self-preferential treatment from app store operators. The report also recommends that consumers be allowed to set their own default apps, delete pre-installed apps and have access to alternative mobile app stores.

Many of the recommendations echo the Open App Markets Act, a bill that gained significant bipartisan support in the last Congress but was not ultimately included in the year-end spending bill.

Alan Davidson, head of the NTIA, said that the agency’s recommendations would “make the app ecosystem more fair and innovative for everyone.”

“This report identifies important ways we can promote competition and innovation in the app market, which will benefit consumers, startups, and small businesses,” said Bharat Ramamurti, deputy director of the White House’s National Economic Council.

Apple and Google have previously argued that their stores allow users to access millions of apps while being protected from predatory apps and spam.

The report fails to “grapple with the acknowledged risks regarding consumer privacy, security and content moderation,” said Krisztian Katona, vice president of global competition and regulatory policy for the Computer  and Communications Industry Association, which counts Google and Apple as members.

Further trade restrictions for Huawei

The Biden administration has blocked export license renewals for certain U.S. companies that provide essential components to Chinese tech giant Huawei, and some officials are reportedly advocating for a complete ban on sales to the company.

The move is “contrary to the principles of market economy” and constitutes “blatant technological hegemony,” said Mao Ning, a spokesperson for the Chinese Foreign Ministry.

Many lawmakers on both sides of the aisle have raised concerns over alleged threats posed by Chinese technology to national security. At a Wednesday hearing about technological competition, Rep. Gus Bilirakis, R-Fla., called China “the greatest threat to our country right now.”

However, some industry experts argue that China is being unfairly targeted for broad digital privacy risks that are not actually country-specific.

Amid escalating tensions between the U.S. and China, TikTok CEO Shou Zi Chew is set to testify before the House Energy and Commerce Committee in March, where he will respond to committee members’ accusations that the app “knowingly allowed the ability for the Chinese Communist Party to access American user data.”

Meta reportedly beats FTC antitrust challenge

A federal judge on Wednesday denied a request from the Federal Trade Commission to temporarily halt Meta’s acquisition of a virtual reality startup, according to Bloomberg, citing anonymous sources.

The FTC originally sued Meta in July, claiming the purchase would allow the company to dominate the emerging virtual reality industry. The case was unusual in that it focused on future competition, rather than the existing marketplace.

The decision marks a major loss for FTC Chair Lina Khan’s crusade against Big Tech monopolies. Under the direction of Khan, the agency has taken aggressive antitrust action against several tech companies, including a high-profile suit against Microsoft’s acquisition of Activision Blizzard.

The agency now has a week to decide whether to appeal the ruling before the deal closes on Feb. 7.

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Robocallers Disconnected, Connecting Minority Communities Grants, No Licenses for Huawei

The FCC said that MV Realty used the PhoneBurner dialing platform, and ordered Twilio to disconnect the companies.

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Photo of Deputy Commerce Secretary Don Graves

January 31, 2023 – Responding to a Federal Communications Commission order on January 24 to disconnect robocallers, internet voice service provider Twilio on Monday told Broadband Breakfast that it had blocked the accounts of MV Realty and PhoneBurner.

State attorneys general have filed suit against real estate firm MV Realty for alleged real estate scams via robocall. The FCC said that MV Realty used the PhoneBurner dialing platform, and ordered Twilio to disconnect the companies from its voice-over-internet-protocol network.

“We are continuing to cooperate with the FCC about our efforts to further mitigate illegal robocalls and to ensure the safety, reliability, and trust in our platform with regards to wanted communications by our customers and end users,” said Twilio Corporate Communications Director Cris Paden.

The FCC has been increasingly aggressive against alleged robocallers. On December 21, the agency proposed a near $300 million fine against an apparently fraudulent robocall and spoofing operation called “Cox/Jones Enterprise,” placing the largest fine of its type, according to the agency. The robocallers placed more than five billion calls in early 2021 to more than a half a million phones and using more than a million unique caller ID numbers, according to the FCC.

The agency in November took action to crack down on straight-to-voicemail robocalls and in October launched an inquiry into combatting calls on non-internet-protocol networks.

12 minority-serving colleges received more than $33.5 million

The Department of Commerce’s National Telecommunications and Information Administration Monday awarded grants to 12 colleges as part of the Connecting Minority Communities Pilot Program. The program is directing $268 million to Historical Black Colleges and Universities, Tribal Colleges and Universities and focusing on training potential information personnel.

Deputy Commerce Secretary Don Graves said that the program creates “opportunities for good jobs supported by equitable hiring, fair compensation, safe workplaces, and the tools and training needed for long-term success.”

The grants, totaling $33.5 million, will be used to upgrade campus technology settings, equipment, and increase digital literacy skills in 10 states.

Awardees include: H. Councill Trenholm State Community College in Alabama, University of Arizona, Loma Linda University in California, Broward College in Florida, St. Augustine College in Illinois, Dominican University in Illinois, Simmons College of Kentucky, Coppin State University in Maryland, Elizabeth City State University and Saint Augustine’s University in North Carolina, Central State University in Ohio and Lincoln University in Pennsylvania.

Biden administration stopping export licenses to Huawei

The Biden Administration is refusing to give licenses that would permit U.S. companies to sell semiconductors to Chinese telecommunications giant Huawei, according to a report  published by Reuters on Tuesday. Citing anonymous sources, the story said the Biden administration has stopped approving licenses for U.S companies to continue to export most items to Huawei.

The Commerce Department and other branches of the government have been increasingly restricting the access of Huawei to American-created technologies, at the same time they have also added 38 affiliates to the so-called “entity list”. A Commerce Department statement from August 2020, regarding the list imposed license requirement for items subject to Export Administration regulations and modified several Huawei entity list entries.

In March 2020, then-President Donald Trump signed into law the Secure Networks Act, requiring the FCC to prohibit the use of moneys it administers for the acquisition of designated communications equipment. The act promoted the removal of existing compromised equipment through a reimbursement program – called Rip and Replace – and further directed the commission to create and maintain the covered list.

In September 2022, the The Federal Communications Commission’s added Pacific Network Corp. and China Unicom Operations Ltd. to a growing list of communications equipment banned from the country on national security grounds.           

In December, the agency took additional action to prevent Chinese tech companies deemed to be national security threats – such as Huawei and ZTE – from gathering data on and surveilling American citizens.

And on January 10, 2023, House Republicans created a select committee on the strategic competition between the United States and the Chinese Communist Party designed to conduct investigations, hold public hearings, and submit policy recommendations on China’s “economic, technological, and security progress and its competition with the United States.”

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TikTok to Testify Before House Committee, Tech Association Warns on Antitrust, US Telecom Board Adds

It will be the first time TikTok’s CEO will appear for a congressional hearing.

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Photo of Chew Shou Zi, CEO of TikTok by Sikarin Fon Thanachaiary used with permission

January 30, 2023 – The CEO of video sharing app TikTok will appear before the House Energy and Commerce Committee on March 23, the chair confirmed Monday.

Cathy McMorris Rodgers, R-WA, said Shou Zi Chew will testify on the Chinese firm’s consumer privacy and data security practices, its impact on kids, and its relationship with the Chinese government.

It is the first time Chew will appear before a congressional hearing, according to a committee press release.

“Big Tech has increasingly become a destructive force in American society,” the committee said in a release. “The Energy and Commerce Committee has been at the forefront of asking Big Tech CEOs – from Facebook to Twitter to Google – to answer for their companies’ actions. These efforts will continue with TikTok.

“ByteDance-owned TikTok has knowingly allowed the ability for the Chinese Communist Party to access American user data,” the statement added. “Americans deserve to know how these actions impact their privacy and data security, as well as what actions TikTok is taking to keep our kids safe from online and offline harms. We’ve made our concerns clear with TikTok. It is now time to continue the committee’s efforts to hold Big Tech accountable by bringing TikTok before the committee to provide complete and honest answers for people.”

Industry association warns of patchwork of state antitrust laws

The Computer and Communications Industry Association released a report Thursday warning about the negative impact on businesses of states implementing various antitrust laws.

The association, which counts big tech companies including Google, Amazon and Apple as its members, flagged antitrust laws before state legislatures, including abuse of dominance, price discrimination, mergers and acquisitions reporting requirements, monopoly and monopsony, and regulating app stores.

It warns that problems addressing these issues on a state level could deter pro-competitive business activity. The CCIA said without a clear definition of discrimination, monopoly and monopsony, these laws could harm legitimate business practices and rob consumers of discounts – in the case of price discrimination, where a business provides different prices for similar products.

Excess reporting requirements on M&A could increase compliance costs for businesses because they already report the information to the federal government, it noted. And laws that prohibit app stores from banning alternative payment systems used for third-party apps could present privacy and security risks because payments systems chosen by those stores aim to provide the greatest safety for consumers and compliance on data protection legislation, the CCIA added.

Similar app store legislation and other antitrust legislation have been introduced in Congress.

“For each of these competition areas, if states adopt an increasing patchwork of laws, businesses will face difficulties navigating conflicting disparate requirements, which could ultimately result in barriers to innovation and investment.”

State legislatures with antitrust legislation include Arizona, California, Florida, Georgia, Illinois, Louisiana, Massachusetts, Minnesota, Mississippi, New Jersey, New York, and Rhode Island.

Last week, the Justice Department sued Google for allegedly abusing a monopoly over the technology that controls the digital advertising market.

USTelecom adds three board members

Industry association USTelecom announced Friday the addition of three new board members.

Joining are Texas’s Totelcom Communications CEO Jennifer Prather, Brightspeed vice president of public policy and government affairs Tom Dailey in Charlotte, North Carolina, and altafiber’s vice president and general counsel Chris Wilson in Cincinnati.

The association also added two members to its leadership committee, including general counsel for Oklahoma-based MBO family of telecom companies Jake Baldwin, and Ryan Johnson, interim CEO of telecom Chariton Valley in Missouri.

“These inspiring leaders represent the full spectrum of USTelecom’s diverse and dedicated members, who are squarely focused on connecting communities and businesses to the power of broadband-enabled innovation,” the association said in a press release.

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