Ajit Pai, Chairman of the Federal Communications Commission (FCC), is at it again, undercutting support for dissemination of broadband internet service when it doesn’t suit the interests of major telecommunications companies. His latest effort involves capping spending on the FCC’s Universal Service programs, which are intended to make broadband available to poor urban neighborhoods and underserved rural areas. Mr. Pai and the other two Republican commissioners on the five person board have voted for the plan, and the next step will be a three month public comment period before the commissioners take a final vote. If most people commenting on the plan are against it, then Mr. Pai and his fellow Republican commissioners will likely ignore their wishes and subvert the comment period with shenanigans intended to muddy the waters, just as they did two years ago with the net neutrality rule change.
Government support – or lack of it – for promoting broadband internet service for the entire country is a mishmash of conflicting goals, regulations, and laws at the federal, state, and municipal levels. The FCC under Mr. Pai serves the interests of telecommunications companies, which often do not coincide with those of citizens, while paying lip service to broadband service for all. The current president, who appointed Mr. Pai chairman, is hopelessly muddled in his understanding of the aims and actions of his own administration, as he demonstrated once again in his recent comments about how farmers cannot connect benefit their operations by connecting to broadband service because of deficient infrastructure in the countryside. Of course he and his followers do not care about the facts behind that deficiency, and he may get around as he always does to blaming Barack Obama and Democrats generally for the problem while he does nothing to alleviate it and his administration actively makes it worse.
A United States Department of Agriculture (USDA) photo of a crew installing electric service lines in the countryside. The Rural Electrification Act of 1936 brought service to underserved areas through electric cooperatives owned by members, bypassing private utilities which saw little profit in the enterprise.
State legislatures around the country continue passing laws intended to cripple the ability of municipalities to take matters into their own hands and get broadband service to small towns and outlying areas. The legislators, mostly Republican, pass these laws at the behest of lobbyists for the major telecommunications companies, who claim services provided by municipalities would undercut their ability to compete. But the big companies aren’t interested in competing in small towns and the boonies anyway! Really they’re afraid it’s a good idea that will spread, and therefore they attack it as socialism, by which they mean it’s bad. Large telecommunications companies, like the large banks, are all for socialism when it benefits them.
The Flintstones: “They’re the modern stone age family!”
Municipal governments and regional electric cooperatives are the only groups trying to ensure broadband service for poor and rural citizens, and trying to do it without price gouging. They get little help from federal and state governments, which often work either at cross purposes are try to undermine their efforts, again with the strings being pulled behind the scenes by Verizon, AT&T, Comcast, Charter, Sprint, and the rest of the big telecommunications companies. Naturally absolutely everyone says they are all for expanding broadband internet service at reasonable rates to poor and underserved areas – who wouldn’t come out in favor of that? – but the actions of many legislators, regulators, and company executives tell a different story. It would be best for citizens – customers – if everyone from the top down in government and private industry worked consistently and uniformly toward the one goal they all claim to be their mission, which is better serving the public, no matter who they are or where they live.
— Techly
Ten or more years ago there was some hope among rural internet users that a service called Broadband over Power Lines (BPL) would come along soon to save the day by bringing them high speed internet at affordable prices. Not any more. American Telephone and Telegraph (AT&T) has a program in trials in Georgia that is a last grasp at trying to make the technology feasible without all the stumbling blocks encountered by other companies in earlier efforts. If AT&T’s engineers are successful, BPL may at last be rolling out on a large scale in the next five years.
Because internet service is a two way street, downloading data from a provider to a user and uploading data from a user to a provider, getting reliable, high speed internet to people in the countryside has been more complicated than the similar situation of stringing electrical service to those people in the middle of the last century. Satellite internet service is an option in the countryside, but is limited by slow upload speeds since consumers for good reason are not allowed by government regulation to possess enormously powerful transmitters. Satellite service providers also throttle their customers’ usage at certain limits because there is limited bandwidth available on a satellite.
Linear perspective of 230 kV power lines during blue hour in the Castleton part of Virginia Beach, Virginia. Photo by PumpkinSky.
Point to point microwave service has been an option for people living in or near small towns. It has been a rarely used option, however, because state and local laws passed at the behest of large internet providers hinder the ability of local governments to coordinate with small internet providers in setting up microwave service, which is most often undertaken as a public/private partnership. Cable television and landline telephone companies, where they have strung lines for internet service the last country mile, usually charge high rates on account of their monopoly status, with indifferent customer service also reflecting their status as an only option.
The last option left for some country people has been mobile telephone internet service. There are numerous problems associated with reliance on cellular internet service, from the possibility of poor signal to the certainty of data caps and high costs. It’s certainly not the best choice for regularly streaming video or trying to run an internet dependent business. The next generation of wireless data technology, 5G, will be available within the next few years, but it’s questionable whether it will solve the problems mentioned above. When a customer does have a solid connection to 5G service, it will be lightning fast.
The possibility of BPL had always seemed like a Godsend for rural internet users because it would have made connecting to broadband service as easy as plugging a modem into an electrical outlet, and because power lines have high capacity there would have been no need for data caps. The prices would have been relatively low by industry standards because the infrastructure was largely already in place, and because utility companies were more highly regulated than cable and telephone companies. “Would have been” is unfortunately where BPL will have to float in limbo, never to be a real option unless AT&T or some other technology company can resurrect it and make it viable.
— Techly
Recently one of the minority Democratic members of the five person board of the FCC took the unusual step of writing an article for distribution in the popular press urging the public to sit up and pay attention to what the majority Republican members of the board are attempting to do with a vote on December 14 to repeal net neutrality rules. Jessica Rosenworcel asked the public to make a fuss with the FCC and with Congress to try postponing the vote until after public hearings. The vote will likely still take place on the 14th, and the outcome is certain considering the three to two Republican majority on the Commission board. The next step will probably see the rule changes challenged in court, with litigation taking years.
Congress could change how a regulatory agency like the FCC goes about its business so that it is less swayed by the variable political winds, but it appears there is little will in the Republican Congress to overrule the agency and tie it down to enforcing a net neutrality law enacted by legislators. There is some discussion in technology circles that introduction of 5G wireless service in the next few years will change the competitive landscape since 5G speeds and bandwidth will challenge the monopoly of wired service providers for the crucial last mile of service to customers’ homes. Until now, wireless internet service providers like Verizon and AT&T could not compete with wired providers like Comcast and Charter because their service was slower and not capable of handling the bandwidth demands of home users piling up GigaBytes of usage every month, usually by streaming video.
5G may indeed change the competitive landscape between a few large internet service provider companies as it rolls out, but customers will still have to deal with fast lanes and slow lanes imposed by whichever gatekeeper they sign up with for service. The proposed FCC rule changes will allow ISPs to charge different content providers varying amounts based on tiers of service, rather than providing equal access to all as they are required to do now since they are regulated as public utilities.
FCC Commissioner Jessica Rosenworcel, who began service on the Commission in 2012 and was confirmed by the Senate for an additional term in 2017.
When FCC Chairman Ajit Pai first proposed rolling back net neutrality rules early this year, Comcast said essentially “Trust us, we would never take full advantage of the regulatory opening to charge a premium for faster internet service.” As if anyone would believe them, particularly anyone who had any experience at all as a Comcast customer! Lately Comcast has walked back their earlier statement with some linguistic mumbo-jumbo that’s supposed to make people think they won’t be doing what they intend on doing when the time comes and they can get away with it, which will be to charge a premium for faster internet service and, as a bonus, no data caps! Comcast’s duplicity surprises no one, and their pleas for trust are laughable.
The best thing that can be hoped for by people who wish to keep a relatively open and inexpensive internet beyond December 14 is that the rule changes will be tied up in the courts for several years, and to some extent that will tie the grasping hands of some internet service providers who are eager to take advantage of the new rules to gouge content providers and customers. Beyond that, the best hope for a decisive, long term answer to the problem will have to come from Congress, which in the current environment does not appear possible, but may be so after a change in party dominance in Congress as a result of the 2018 election. The FCC needs to be more an enforcer of rules Congress makes, and less its own rule maker.
― Techly
When it comes to net neutrality analogies, many people opt for the internet superhighway one where there may be fast lanes and slow lanes or, on a content neutral internet, all lanes are equal. Since it’s hard to bring in the gatekeepers who set the rules for the internet on that kind of analogy, it might be easier to think of net neutrality or non-neutrality as related to a toll plaza, where the gatekeepers, such as AT&T, Verizon, or Comcast, charge different amounts and cause varying delays to the vehicles attempting to pass through their gates.
On a net neutral superhighway, the gatekeepers at the toll plaza charge roughly the same amount to every vehicle and pass them all through with equal alacrity. On an internet superhighway that is not neutral and grants wide discretion to the gatekeepers at the toll plaza, toll charges vary a great deal from vehicle to vehicle, and the gatekeepers might also hold up certain vehicles, making them late to their destination.
The Great Belt Fixed Link toll plaza in Denmark. Different colored lights indicate different payment methods. Photo by heb.
FCC Chairman Ajit Pai, after going through the motions of a public comment period through the summer on his proposed, Orwellian-named “Restoring Internet Freedom” gutting of the 2015 net neutrality rules, announced today that the FCC board of three Republicans and two Democrats will vote on rules changes on December 14. The fix is in, as it has been since early this year when Mr. Pai expressed his intention to overturn the 2015 rules, and there is little doubt how the majority will vote on December 14. It is still possible between now and then to bring enough public pressure to bear on Congress for that body to influence either the FCC board vote, which is not likely, or put in motion legislation to override FCC rules on rescinding net neutrality, which is the more likely outcome, if there is to be a positive one at all for neutrality advocates.
Regulation of internet access is too vital to leave up to the unelected five member board of a regulatory commission. The current FCC board has also recently demonstrated its irresponsibility to the country at large when it did away with rules preventing monopolization of local media markets by a single company, recklessly opening the gates to allow Sinclair Broadcasting to consolidate its control across the country.
In the 1974 film Blazing Saddles, directed by Mel Brooks, the citizens of Rock Ridge set up a toll booth to slow down the bad guys coming to destroy their town. Warning: foul language.
Congress could put an end to FCC favoritism toward big business by passing legislation, instead of allowing the FCC board to vote on rules after the formality of a meaningless public comment period, since the board Republicans will almost certainly vote against net neutrality despite the majority of public comments in favor of it. Congress is also beholden to big business, but at least it retains some ability to bend to the public will. As it stands now, after the December 14 vote the new rules will likely get challenged in court, and the legal struggle will eat up years, and all the while the internet gatekeepers will make fortunes extorting internet users who need to pass their toll booths.
― Techly
This past Wednesday, July 12, many internet companies and net neutrality advocacy groups participated in a “Day of Action to Save Net Neutrality”. They were attempting to influence Federal Communications Commission (FCC) Chairman Ajit Pai and his two fellow commissioners during the public comment period on reversing the 2015 FCC net neutrality rules, or as Chairman Pai would have it, “Restoring Internet Freedom”.
2017 caricature of Ajit Pai by DonkeyHotey.
The public comment period is open until mid-August and is all well and good, but based on Chairman Pai’s previous comments as well as recent remarks, the entire thing is merely a charade to satisfy bureaucratic regulations. After the public comment period is over, Chairman Pai and the other Republican on the Commission’s board will vote to roll back net neutrality and deal with the consequences in court over the next few years. The FCC board has space for five commissioners, but currently there are only three, two Republicans and one Democrat. [Editor’s note: For an accessible version of the Wikipedia page about the FCC, click here; the amount of commissioners listed on the page may have changed since this post was written.]
A fantasy scene from the 1983 film A Christmas Story, with Peter Billingsley as Ralphie, and Tedde Moore as his teacher, Miss Shields.
The recent remarks from Chairman Pai that make a mockery of the public comment period have to do with his off-hand dismissal of the sheer number of genuine letters, calls, and emails in favor of net neutrality on the grounds that numbers will not sway him, only the content as he judges it. Oh. In that case, he may be judging these comments, or compositions, based on grammar, originality, penmanship, and interesting presentation. Please have them all on his desk by mid-August, as late comments will be marked down for tardiness.
Doris Day sings the theme song from her 1958 film co-starring Clark Gable.
Mr. Pai, formerly a lawyer for Verizon, has not shown as much critical judgment of the anti net neutrality comments the FCC has received, many of them astroturfed. Those comments must have been from the “D” students, and Mr. Pai, in the interest of fairness to everybody, but particularly to them, has decided to overlook their faults and boost their grades at least to “C”. The smarty pants crowd will take what marks Mr. Pai gives them in the interest of Restoring Internet Freedom to Verizon, Comcast, CenturyLink, AT&T, and other mega-millions Internet Service Providers (ISP). There’s the level playing field everyone likes to believe in, and then there’s the reality of the playing field groundskeepers have groomed to suit the home team. To get all these mixed metaphors to agree, think of the grading curve fix which benefits major sport athletes in school. Verizon? A+!
― Techly
The Federal Communications Commission (FCC)net neutrality rulings of 2015 are under attack from – surprise, surprise! – Ajit Pai, the former attorney for Verizon and new FCC chairman. Mr. Pai calls the rollback of Title II regulations “Restoring Internet Freedom”. It’s clear Mr. Pai has read and understood his Orwell. Part of the niceties involved in rolling back the Internet Service Provider (ISP) common carrier regulations of Title II that Mr. Pai and his Republican allies in Congress and the White House want to have happen are invitations for public comment on the FCC website. It turns out, however, that when the FCC isn’t complaining about John Oliver inciting his viewers to inundate the FCC website with comments in support of Title II, they are ignoring the questionable origin of comments against Title II from citizens whose identity may have been hijacked by the very companies they pay for monthly internet service, companies like Comcast, Verizon, and AT&T.
Astroturfing is nothing new in politics, but to ignore the obvious signs of astroturfing in a letter writing or email campaign to government regulators or congresspeople signifies a set agenda that is not to be swayed by emails or letters of varying opinions. The fix is in, in other words. It’s clear from FCC Chairman Pai’s previous public comments what his opinion is on Title II and net neutrality, and now that the FCC board has a Republican majority, his opinion is likely to become policy. It is hypocrisy then for the FCC to invite public comment and ignore for whatever reason the comments it’s board doesn’t want to hear, even though they are genuine, while accepting the clearly astroturfed comments originating from industry insiders.
Ajit V. Pai, new Chairman of the FCC.
Lewis Black in a concert in Amsterdam, The Netherlands, after the 2008 financial meltdown, comments on capitalism, greed, and how the United States government handled the crisis. In the end, there were no repercussions to the wealthy for the damage they inflicted on the working and middle class people who pay their way year after year. Warning: foul language.
Chairman Pai has remarked that in the 90 day public comment process, the FCC will not ” rely on hyberbolic statements about the end of the internet as we know it, and 140-character argle-bargle, but rather on the data.” Presumably the FCC chairman will then be ignoring the considerable amount of 140 character argle-bargle generated by his boss, the Argle-Bargler-in-Chief. Would that it were so. The reality is that the new FCC Chairman and the new President and the new Republican Congress appear to be in perfect agreement on rolling back Title II common carrier regulations for ISPs, and there’s little that ordinary citizens can do to stop them. Try John Oliver’s solution or the one from the Electronic Frontier Foundation (EFF), and good luck to you, but in the future pay attention at the ballot box once every two to four years, and every day remember not to buy into the “fruit from your tree” delusion.
― Techly
Last week the United States Congress voted to repeal new Federal Communications Commission rules which would have required that internet service providers (ISPs) notify their customers of the data they collect on them for their own commercial purposes unrelated to providing the service, and that customers had to specifically opt-in to the practice. The FCC voted 3 to 2 in favor of the new rules in October 2016, and they would have gone into effect on March 2 of this year had the FCC not stayed it on March 1 under new chairman Ajit Pai. Outgoing FCC chairman Tom Wheeler pushed for the new rules in order to spell out consumer privacy protections in relationship to ISPs, something which he and two of the other commissioners felt was inadequately addressed in Section 222 of the Telecommunications Act of 1996.
The Telecommunications Act goes back to 1934, when the original law went into effect creating the FCC and granting it the authority to regulate telecommunications companies as common carriers, which is to say the same as utilities. Section 222 of that law pertained to how the carriers could use their customers’ personal information, and it required them to keep the information confidential except as required by law or by consent of the customer. Congress has amended the Act periodically to reflect changes in technology, with the last major revision in 1996.
Common carrier or not is the logical puzzle in question. Substitute “Section 222” for Catch-22 to relish the flavor of the ISP regulatory mess.
Since the advent of widespread consumer internet service in the 1990s, there has been a regulatory battle over whether ISPs should be considered common carriers, and thus subject to oversight by the FCC under the Telecommunications Act. Since some providers, such as AT&T and Verizon, were also telephone companies, they were already partially subject to FCC oversight. It wasn’t until early 2015 with the FCC’s Open Internet Rules that all ISPs were brought under the same set of regulations as common carriers and bound by the consumer privacy protections of Section 222.
Previously the only regulatory oversight of some ISPs on behalf of consumer privacy came from the Federal Trade Commission, and it was limited to holding the companies accountable to the terms of their own privacy policies. The FTC does not regulate consumer privacy regarding the actions of common carriers. It does regulate consumer privacy regarding the actions of so-called edge providers that offer services by voluntary subscription, like Facebook, and of websites in general, but again only by holding them to their own privacy policies, as invasive as they may be. Since the implementation of the FCC’s Open Internet Rules in 2015, all ISPs must adhere to the more restrictive regulations applied to common carriers.
The 1970 film adaptation of Joseph Heller’s brilliant Catch-22 lays out a problem in logic. It does not attempt to explicate it, because that would be impossible and probably unhealthy.
Still, Chairman Wheeler and others felt that the language of Section 222 did not go far enough in spelling out consumer privacy protection in the internet age. Originally written in 1934 when the capacity of a common carrier to sweep up vast amounts of customer data was not even a pipe dream, and inadequately addressed in the major 1996 revision of the law, Section 222 did not explicitly deny ISPs the ability to sell customer data because the ISPs could interpret “with the approval of the customer” in Section (c)(1) to mean they could consider customers opted-in unless they stated otherwise. Being passive and silent rather than active and vocal has always been considered assent or approval, especially by sneaky people with an agenda, and it is a prevalent practice on the internet. That is a trick of the interactive internet age that no one foresaw in 1934, and apparently not even in 1996. In 2002, Democratic Senator Paul Wellstone of Minnesota introduced a bill which would have changed “the approval of the customer” to “the affirmative written consent of the customer.” The bill went nowhere.
Without legislation from Congress to clarify things in the new regulatory environment, Chairman Wheeler felt obliged to take up the slack by adopting Broadband Consumer Privacy Rules in October 2106. As already noted, the vote was 3 to 2. The 3 ayes came from Chairman Wheeler and the two other Democrats on the Commission board. The 2 nays came from the Republicans on the board, including Ajit Pai, now the new Chairman. When the new Republican Congress and President came to Washington, Chairman Pai stayed the new Privacy Rules before they could take effect, and Republican Senator Jeff Flake of Arizona introduced a bill to repeal the Rules and also prevent the FCC from making similar rules in the future.
That’s an android in the center, but it could just as well be you, an internet service customer, caught between government regulators and telecommunications providers.
The rest is history. We are returning to the regulatory environment of the past year and a half after the FCC ruled all ISPs were common carriers, but before it adopted new Privacy Rules to clarify the difference between “approval” and “consent” of customers. Now ISPs, though they are common carriers, have a gray area to navigate in Section 222 of the Telecommunications Act, and their claim that they will still be regulated by the FTC is disingenuous at best, considering the FTC does not regulate common carriers. It should be understandable now why ISPs lobbied to repeal the new Privacy Rules. Citing their own privacy policies in which they claim they never have and never will sell customer data, and which had been enforced by the FTC (they glide over the part about FTC regulation no longer applying to them as common carriers), they claimed the FCC was unnecessarily complicating the regulatory environment. They say they shouldn’t be held to stricter privacy standards than companies like Google and Facebook, thereby putting them at a competitive disadvantage. Except for the part about competitive disadvantage not being applicable to monopolistic utilities that are regulated in the public interest, that’s a fair point. Instead of raising the privacy bar for everyone, however, they and their mostly Republican allies in Congress and in the new FCC prefer to lower the bar, serving corporate interests instead of consumers. Trust us, they say. Uh-huh.
― Techly
Chattanooga Mayor Andy Berke with FCC Chairman Tom Wheeler in 2014.
Rural communities and small cities took a blow to their prospects for municipally provided broadband internet service on August 10th when the U.S. Sixth Circuit Court of Appeals in Cincinnati ruled against the Federal Communications Commission’s 2015 order to preempt state laws in North Carolina and Tennessee. Wilson, North Carolina, and Chattanooga, Tennessee, had petitioned the FCC to allow them to build municipal broadband networks and the FCC had acted under a provision of the 1996 Telecommunications Act directing it to remove barriers to broadband investment and competition. The Sixth Circuit Court ruled the FCC did not have the power to supersede state law.
19 states have laws hampering the ability of local governments to provide broadband service, with the corporate-funded American Legislative Exchange Council (ALEC) offering sample legislation to more states. As Michael Copps, a former FCC commissioner and now an advisor to Common Cause, put it “Let’s be clear: industry-backed state laws to block municipal broadband only exist because pliant legislators are listening to their Big Cable and Big Telecom paymasters.”
The FCC defines broadband as an upload speed of at least three megabits per second and a download speed of no less than 25 megabits per second, and maintains a map displaying the different types of service available around the country. Even in larger cities where broadband is more commonly available, however, consumers have few choices of internet service provider because for all practical purposes carriers such as Comcast operate as regional monopolies.
The possibility of building municipal broadband networks has been an option in areas of low population density where private internet service providers often display little interest in building out their network for what they see as small return on their investment. People in poorly served areas sometimes turn to satellite service, though it has drawbacks in the form of high latency speeds and throttling of service for users who have reached certain data caps. In the same areas, wireless service can be spotty, with generally low data caps at high cost.
It appears the debate over net neutrality and whether to treat broadband service as a utility may revive, and it will be up to Congress to either strengthen the FCC’s regulatory powers over the states and the industry or to enact legislation defining internet service providers as common carriers, something companies like AT&T and Verizon fought tooth and nail against during the last round of discussions in 2014.
– Techly
