Home » Public Policy & Gov’t » Recent Articles:

Comcast Extends $9.95 Internet Essentials to Low-Income Veterans

Comcast announced this week it is expanding its $9.95 discount internet access program Internet Essentials to qualified low-income veterans.

“Veterans have stood up for our country, and for our way of life, and we believe it’s time for all of us to stand up for those veterans,” said David L. Cohen, Comcast’s senior executive vice president and chief diversity officer, speaking at a news conference Monday at a veterans housing complex under construction in Philadelphia. Cohen claimed the program’s expansion “will enable us to reach about a million low-income veterans.”

Comcast’s Internet Essentials

  • $9.95/month
  • 15/2 Mbps service
  • No activation fees and no equipment rental fees
  • Option to purchase laptop/computer for $149.99 + tax
  • Access to free internet training online, in print and in person
  • A free Comcast Wireless Gateway, delivering in-home Wi-Fi at no additional cost

Comcast requires all applicants, including veterans, to pre-qualify for the service with an application and agree to submit re-qualification paperwork annually. The cable company has carefully shielded its program from cannibalizing existing internet revenue by excluding almost everyone who currently subscribes to Comcast internet service or has a pre-existing past due balance. Applicants have to certify they have not had Comcast internet service for at least 90 days before submitting an application (not applicable to customers in the city of Philadelphia), must prove their low-income status by sending proof they are enrolled in one of several federal assistance programs, and prove their veteran status.

Qualified Assistance Programs

  • Medicaid
  • Supplemental Security Income (SSI)
  • Low-Income Home Energy Assistance Program (LIHEAP)
  • National School Lunch Program’s Free Lunch Program
  • Emergency Aid to the Elderly, Disabled and Children (EAEDC)
  • Supplemental Nutrition Assistance Program (Food Stamps or SNAP)
  • Federal Public House Assistance
  • Temporary Assistance to Needy Families (TANF)
  • Bureau of Indian Affairs General Assistance
  • Tribally-Administered Temporary Assistance for Needy Families (TTANF)
  • Food Distribution Program on Indian Reservations (FDPIR)
  • Head Start

In the seven years of its existence, Comcast has only managed to enroll six million people in the program, a fraction of those that would otherwise qualify who live in Comcast service areas. Most critics blame Comcast’s onerous qualification requirements for the relatively low enrollment.

Bryan Mercer, executive director of West Philadelphia’s Media Mobilizing Project, told The Inquirer Internet Essentials offers “speeds that don’t even meet the FCC definition of broadband” and a “series of restrictions” that disqualify those who already manage to scrape enough money together to buy Comcast internet access without the benefit of the Internet Essentials discount program. Mercer says the restrictions that insist customers go without Comcast internet for at least three months and never have an outstanding bill are particularly hard for many low-income people to meet.

“That is a real roadblock to someone trying to keep their utilities affordable and their families online,” Mercer told the newspaper.

About 70 percent of low-income veterans presently lack internet access. In Philadelphia, the nation’s poorest large city, the contrast between super-wealthy Comcast and the thousands of poverty-level residents is striking. Because of its large low-income population, only about 75% of Philadelphia’s residents have internet access. Detroit, which has seen major depopulation and is no longer deemed a “large city,” is even worse, with only 60.9% of city residents signed up for internet.

Nearly half of all adults with an income below $30,000 don’t have home broadband service or a traditional computer, a 2017 Pew Research study found.

Comcast has been testing expansion of its Internet Essentials program, which originally only targeted families with school-age children, with new qualifying groups to boost subscriber numbers:

  • Low-Income Seniors: (SSI, Medicaid, and other low-income program participation required). Only available in: Atlanta, Boston, Detroit, Fresno County, Calif., Hartford County, Conn., Houston, Miami-Dade County, Fla., Palm Beach County, Fla., Philadelphia, San Francisco, Santa Clara County, Calif., and Seattle.
  • Housing Assistance: Everywhere Comcast is available. Enrollees have to prove they receive qualifying housing assistance.
  • Internet Essentials Philadelphia: Only available in Philadelphia, this program offers less pre-qualification restrictions, but maintains proof of low-income requirements to enroll.
  • Community College: Available only to those enrolled in a participating two-year community college in Illinois or Colorado, and receive a Pell Grant.

Comcast was required to offer and finance Internet Essentials as a deal condition for approval of is 2011 acquisition of NBCUniversal. Although that deal commitment expired in 2014, Comcast has voluntarily extended it since then, but reserves the right to change or discontinue the program at any time.

New Hampshire’s Attorney General Resolves Comcast and Consolidated Communications Complaints Quickly

Frustrated New Englanders that can’t get anywhere dealing with Comcast or Consolidated Communications’ customer service are getting fast fixes in New Hampshire by taking their complaints to the Consumer Protection and Antitrust Division of the attorney general’s office.

Jim Boffetti, in charge of that division, says his office receives 4,000 written complaints and 7,000 calls a year about consumer issues, a not insubstantial number from residents upset with their local cable and phone company.

New Hampshire is dominated by Comcast for cable service and Consolidated Communications for telephone service. Boffetti told The Laconia Daily Sun the two companies are familiar to staffers, responsible for more than 250 complaints for the phone company since Consolidated took over for FairPoint last year and 561 “racked up by Comcast” since 2009. Boffetti’s theory of how these companies handle consumer complaints is partly based on wearing customers down.

“The hassle factor is enormous,” he said. “It’s just the way these people do business.”

Boffetti doesn’t believe the number of complaints is unusual either, “considering the business that they’re in.”

Boffetti

Although the New Hampshire regulator cannot usually intervene to set prices, change conduct, or force resolutions, most telecommunications companies fear riling up state or federal regulators. Those government officials can potentially return “the favor” of years of arrogance and condescension when a company needs state or federal approval of a merger or permitting issue.

Only a small percentage of consumers realize they can file complaints with private groups like the Better Business Bureau, state officials like an attorney general or telecommunications/utility regulator, and federal agencies like the FCC. In every case, companies assign their best representatives to handle those complaints in an effort to protect their reputation.

When consumers file complaints with the New Hampshire attorney general’s office, the office forwards them to a designated person or department at the provider. Comcast and Consolidated assign senior level customer service departments to specifically handle these types of complaints. The representatives are given wide latitude to settle problems quickly and quietly — often refunding large sums of money, extending generous service credits, resolving ongoing service problems, or waiving service fees that ordinary customer service representatives insist cannot be done. Most of the time, complaints are settled in the customer’s favor.

“Usually it all gets worked out,” Boffetti said. “They’re pretty responsive to the complaints. They make an attempt to resolve it.”

When Karen Jacobs was offered a better deal by Consolidated Communications, she jumped at the opportunity to get cheaper and faster internet access for her home in Moultonborough. What originally cost her $104 a month was supposed to be $74 after she was sold an improved bundled service package. On the installation date, nobody from Consolidated showed up. Instead, she was told her order ‘was stuck’ in the system. To get it ‘unstuck,’ Jacobs would ‘have to pay a $300 one-time fee,’ something never mentioned by the original representative.

Complaints against Comcast are usually resolved in the customer’s favor, as this report from the New Hampshire attorney general’s office shows.

Jacobs asked the representative to waive the fee because it was never mentioned. The representative refused, and even lectured Jacobs about how little Consolidated was regulated by the state government and could do as it pleased.

“He didn’t care,” she said of one particular representative. “It was like, ‘Too bad.’”

Despite claims the $300 fee was “company policy,” it was news to Jacobs.

“That was never, ever, ever, ever discussed anywhere in the conversation,” she said. “It’s lousy.”

Jacobs had not yet filed a formal complaint, taking her story to the media instead. But similar complaints of hidden/surprise installation and activation fees are very common, and once forwarded by a regulator, are usually resolved by either waiving or refunding the charges.

Customers are gratified they get to keep their money, but remain annoyed at companies who “forget” to disclose important terms and conditions like fees as they try to seal the deal.

Customers can Google their own state’s attorney general and by searching for consumer complaints, can usually file their own complaint online in just a few minutes. In New Hampshire, residents can file a complaint on the website or mail it.

New England residents can also reach out directly to Comcast or Consolidated’s special consumer complaints departments directly by mail:

COMCAST – NEW ENGLAND
Executive Customer Care and Communications
Post Office Box 6505
Chelmsford, MA 01824-0905

CONSOLIDATED COMMUNICATIONS OF NEW HAMPSHIRE, VERMONT, AND MAINE
State Regulatory Matters
800 Hinesburg Road
South Burlington, VT 05403

Comcast provides cable service throughout northern New England and Massachusetts. Consolidated Communications provides landline service predominately in New Hampshire, Vermont, and Maine.

The New Hampshire attorney general’s consumer protection hotline is 1-888-468-4454 or (603) 271-3641, weekdays from 9 a.m. to 3 p.m. You can also contact them by email at: [email protected]

Tribune Media Ends Merger Deal, Sues Sinclair for $1 Billion for Scamming Regulators

Tribune Media walked away from its $3.9 billion dollar merger agreement with Sinclair Broadcast Group this morning, and announced it would sue Sinclair for $1 billion for its conduct trying to get the deal approved, including withholding information and deceiving regulators.

The merger deal was controversial from the moment it was announced, pairing up Sinclair’s 192 stations with Tribune’s 42 TV stations in 33 markets, including well-known stations like WGN in Chicago and WPIX in New York. Sinclair was already the nation’s top TV station owner, and to acquire more stations, Sinclair would have to get TV ownership limits eased, something coincidentally provided by FCC Chairman Ajit Pai, who suddenly announced an interest in bringing back a “discount” on ownership caps for stations broadcasting on the UHF band. That policy was dropped after the country moved to digital over-the-air broadcasting, which negated the perception that UHF channels were less desirable and held lower value than lower VHF channels because of reception quality.

Sinclair’s Long History of Partisan Politics

Sinclair, unlike other TV station owners, also has a long history of being active in partisan politics, airing programming in favor of conservatives and openly advocating for the agendas of the Bush and Trump Administrations. Its long-standing policy to require its stations to air corporate-produced news segments and commentaries during local newscasts has irritated local newsrooms for years, but as the number of Sinclair-owned stations has grown, the practice was eventually exposed with a viral video depicting an uncomfortable collection of anchors from dozens of Sinclair stations decrying “fake news.”

In 2016, Sinclair aired 1,723 stories about the Huntsman Cancer Institute in Utah on 64 of its stations. Most were designed to look like one or two minute news stories, although Sinclair also produced a 30-minute show about the facility. What viewers were never told is that the stories were paid for by the Huntsman Cancer Foundation. In December, the FCC fined Sinclair a record-breaking $13.3 million for failing to disclose the story’s sponsor. The Democratic minority on the Commission called that a slap on the wrist and wanted the maximum fine of $82 million levied on Sinclair for its egregious and flagrant violation of FCC rules.

Sinclair’s past run-ins and controversies guaranteed its merger deal with Tribune would receive special scrutiny. The documents attached to the lawsuit filed this morning reveal Tribune got quickly upset with Sinclair’s hardball lobbying, accusing Sinclair of brazenly flouting the FCC’s rules and setting up the merger for failure.

In the end, even Sinclair’s apparent ally Ajit Pai distanced himself from the TV station owner in July, suddenly advocating the merger deal be forwarded to an administrative law judge for review, a sure sign the merger was in serious trouble with regulators.

Tribune Takes Sinclair to Court

This morning, Tribune officially pulled the plug on the merger.

“Our merger cannot be completed within an acceptable time frame, if ever,” Tribune Media chief executive Peter Kern said in a statement. “This uncertainty and delay would be detrimental to our company and our shareholders. Accordingly, we have exercised our right to terminate the merger agreement, and, by way of our lawsuit, intend to hold Sinclair accountable.”

That accountability will come in the form of its lawsuit that includes revealing documents about Sinclair’s behavior during the merger process, which includes allegations Sinclair recklessly withheld information and deceived the FCC and Justice Department about the transaction. If true, that could threaten Sinclair’s fitness to hold FCC licenses for its TV stations.

“From virtually the moment the Merger Agreement was signed, Sinclair repeatedly and willfully breached its contractual obligations in spectacular fashion,” Tribune said in its lawsuit. “In an effort to maintain control over stations it was obligated to sell if advisable to obtain regulatory clearance, Sinclair engaged in belligerent and unnecessarily protracted negotiations with DOJ and the FCC over regulatory requirements, refused to sell stations in the ten specified markets required to obtain approval, and proposed aggressive divestment structures and related-party sales that were either rejected outright or posed a high risk of rejection and delay – all in the service of Sinclair’s self-interest and in derogation of its contractual obligations.”

Tribune claims Sinclair only favored its own financial interests, not the obligations it had to Tribune to get the merger deal approved as quickly as possible. Tribune also accused Sinclair of threatening, insulting, and misleading regulators to keep control over stations it was obligated to sell.

The Sinclair Broadcast Group has come under fire following the spread of a video showing anchors at its stations across the United States reading a script criticizing “fake” news stories. (8:03)

“Sue me.”

Tribune’s executives gradually became more alarmed the more Sinclair negotiated with regulators, claiming Sinclair antagonized officials at the Justice Department. Tribune notes the assistant attorney general of the antitrust division got an earful from Sinclair, lecturing the official that he “completely misunderstand[ood]” the broadcast industry and was “more regulatory” than any recent predecessor.

When Sinclair was cornered by the Department of Justice over demands for station divestitures, the company summarized its position in two words: “sue me.”

Tribune pointed out the Justice Department was prepared to accept the merger with the appropriate stations being sold to new owners, but Sinclair balked. After a series of schemes were suggested to partly divest the stations, Tribune saw the protracted negotiations as unnecessary and imprudent. The agendas of both companies were radically different. Tribune wanted Sinclair to do whatever the FCC and Justice Department insisted be done, to get the deal done quickly. Sinclair wanted the deal and a way to maintain control, even indirectly, over almost every station involved in the deal. Tribune began threatening to sue Sinclair if it did not agree to the Justice Department’s terms.

Tribune’s growing unease with Sinclair’s behavior culminated in this email exchange between Tribune and Sinclair executives in late December, 2017.

Sinclair finally relented in February, 2018, but only partially. Exasperated Tribune executives were stunned as Sinclair now proposed to sell stations to third parties that maintained “significant ties to Sinclair’s executive chairman,” David Smith, or his family.

“Sinclair would effectively control all aspects of station operations, including advertising sales and negotiation of retransmission agreements with cable and satellite operators,” Tribune said in its lawsuit. “Under these proposed arrangements, Sinclair would continue to reap the lion’s share of the economic benefits of the stations it was purportedly ‘divesting’ and would have an option to repurchase the stations in the future.”

“Sinclair fought, threatened, insulted, and misled regulators in a misguided and ultimately unsuccessful attempt to retain control over stations that it was obligated to sell,” the lawsuit concludes.

The country’s largest owner of local TV stations, the Sinclair Broadcast Group, which reaches over a third of homes across the nation, wanted to get even bigger by merging with the Tribune Media Company. Sinclair is raising concerns among media watchers because of its practice of combining news with partisan political opinion. William Brangham reports for PBS Newshour. (8:58)

GOP Rival for Governor of New York Backs Charter Spectrum; Calls Cuomo “Putin on the Hudson”

Molinaro

Charter Communications has found itself an ally in Marc Molinaro, Republican candidate for New York’s governor, who attacked Gov. Andrew Cuomo on Tuesday for ordering the removal of Spectrum from New York State.

“We’ve got a megalomaniac on our hands, a veritable ‘Putin on the Hudson,'” Molinaro charged, defending the cable company for being attacked by the governor and “his surrogates” for political purposes.

Cuomo “put his thumb on the scale of a major PSC decision,” said Molinaro. “I think Andrew Cuomo got furious with NY1 News and effectively pulled the plug on an entire cable system as punishment to NY1, and as a warning to others he can affect who dare to ask him tough questions.”

Molinaro has repeatedly claimed the Public Service Commission is in the back pocket of the governor’s office.

Cuomo vs. NY1 – Spectrum’s 24-hour news channel in New York City

Molinaro’s campaign has been critical of an ongoing spat between the governor and reporters from NY1, Spectrum’s 24-hour news channel in New York City.

Earlier this month, Cuomo bristled at a question about improper campaign contributions from Crystal Run Healthcare, a health insurance provider in Middletown. NY1 reporter Zack Fink asked if the governor was considering returning those contributions and launching an internal investigation.

Gov. Cuomo

GOV. CUOMO: […] If the ongoing investigation finds any fraud, then as we’ve always done, we will return the donations. That’s standard operating procedure. We’re doing it in this case; we’ve always done it.

But speaking of fraud, Charter Spectrum has been executing fraud on the people of this state. They were given a franchise for a very specific set of conditions. It is a very valuable franchise. Many companies could have been given the franchise. Charter Spectrum said that they would increase cable access to the poor and rural communities around the state. That was the condition of them getting the franchise. I promised this state 100% high-speed broadband. Why? Because high-speed broadband is going to be the great equalizer, the great democratizer.

Whether you’re a business, an individual, you’re going to need high-speed broadband to be competitive. Charter Spectrum defrauded this state. They are defrauding consumers. Charter Spectrum is running ads that say we are ahead of schedule and at no cost to the taxpayer. The Public Service Commission said they’re behind schedule, not on schedule, and certainly not ahead of schedule. And to say it is no cost to the taxpayers is also a fraud, because that’s the condition upon which the taxpayers gave you the franchise. So you are defrauding the people of this state. That’s a fraud.

Fink

ZACK FINK (NY1): You said the PSC is looking into new operators. Is it the PSC’s place to do that or is it the market’s?

GOV. CUOMO: Are you speaking on behalf of Charter Spectrum or yourself?

ZACK FINK (NY1): No, I’m just asking a question. You brought it up so I’m curious. You said Friday that the PSC was looking at potential new operators.

GOV. CUOMO: Well, the Public Service Commission is saying that Charter Spectrum violated their franchise agreement. If you violate your franchise agreement, then you lose the franchise agreement and then they would have to find another operator without disruption to any of the consumers or the good workers of Charter Spectrum.

Viewers of NY1, a Spectrum News channel, never saw this exchange, which was widely covered elsewhere by the New York media. Viewers also didn’t see an on-the-record call-in by the governor made later than day to NY1’s newsroom to discuss the exchange. News of the call leaked after nobody at NY1 would publicly discuss it or why the news channel refused to air it.

Cuomo’s opponents on both his left and right criticized the governor over his treatment of the NY1 reporter.

“I’ll come right out and say it. It looks to me like Andrew Cuomo is trying to send a chilling message to the news media, ’don’t mess with me’, and I hope the inspector general can prove me wrong,” Molinaro said in a statement.

This week, Molinaro turned up the heat by claiming the governor was “acting more like a third-world dictator trying to intimidate the news media into dropping stories than an elected democratic leader who respects the First Amendment and has nothing to fear from it.”

Cynthia Nixon, running for the Democratic nomination to the left of Cuomo politically, claimed his chastising of NY1 reporters was out of line, resembling how Donald Trump treats the press.

“Cuomo can’t hold himself up as New York’s answer to Donald Trump, and simultaneously threaten members of the press for doing their job,” Nixon said, asking the governor to apologize.

Cuomo’s spokesman Rich Azzopardi claimed the ongoing criticism of Charter is nothing new for Gov. Cuomo.

“The governor answered his question and made the same statement that he has made to Charter Spectrum reporters and reporters statewide numerous times over the past few months, communicating the facts of the state’s two-year dispute with Charter for failing to serve the citizens of the state,” Azzopardi said.

Cuomo has made offhand remarks about Charter since the company replaced Time Warner Cable in 2016. He criticized NY1 and other Spectrum News stations around the state for not covering the IBEW strike against the cable company or a lawsuit filed by the state attorney general over the cable company’s failure to deliver on advertised broadband speeds.

“They virtually blacked it out,” Cuomo said of Spectrum News during a press event held on the day the PSC voted to drop Charter as a provider in New York.

Azzopardi also denied Molinaro’s accusation that the governor was involved in the PSC’s decision to force Charter to leave New York and dismissed the Republican opponent for spreading unproven “conspiracy theories.”

Cuomo is widely expected to be re-elected, with both Nixon and Molinaro running significantly behind the governor in polls. The primary is on Sept. 13.

Gov. Andrew Cuomo discusses Charter’s broken promises to New York State during a visit to Rochester, N.Y.  (Courtesy: Democrat & Chronicle) (2:28)

FCC’s Inspector General Finds Chairman Ajit Pai Made Up Claimed Denial of Service Attack

Phillip Dampier August 7, 2018 Net Neutrality, Public Policy & Gov't 2 Comments

Pai

The FCC under Chairman Ajit Pai “misrepresented facts and provided misleading responses” to the public and Congress about an alleged “distributed denial of service attack” (DDoS) that caused the FCC’s website to crash as millions of Americans shared their comments about net neutrality.

In a damning report released today by the FCC’s independent Inspector General, an investigation found the claimed attack never happened and the FCC’s ongoing public statements about it were demonstrably false.

The investigation into the alleged “attack” on the FCC’s electronic comment system (ECFS) on May 7-8, 2017 took several months to complete. Its findings were released after Pai was able to issue a broadly distributed press release critics claim is an effort to change the story and get ahead of the report itself, which was issued late this afternoon.

A DDoS attack overwhelms a website with a barrage of invalid traffic that eventually makes the target server unresponsive. The FCC claimed the attack was responsible for preventing people from leaving comments for hours after John Oliver brought up the subject of net neutrality on his HBO Show “Last Week Tonight” last year.

But in fact, it was the sheer volume of comments from the public that were responsible for slowing down the website — a politically inconvenient fact for net neutrality opponents (including Pai).

Highlights from the Inspector General’s 106-page report:

On May 7, 2017, at 11:30 pm EDT, the ECFS experienced a significant increase in the level of traffic attempting to access the system, resulting in the disruption of system availability. In fact, information obtained from, a contractor providing web performance and cloud security solutions to the FCC, identified a 3,116% increase in traffic to ECFS between May 7 and May 8, 2017.

The investigation matched traffic spikes to John Oliver’s show airing and the posting of videos and social media announcements about net neutrality.

On May 8, 2017, the FCC issued a press release in which the FCC’s former Chief Information Officer (CIO) Dr. David Bray provided the following statement regarding the cause of delays experienced by consumers trying to file comments on ECFS:

“Beginning on Sunday night at midnight, our analysis reveals that the FCC was subject to multiple distributed denial-of-service attacks (DDoS)[2]. These were deliberate attempts by external actors to bombard the FCC’s comment system with a high amount of traffic to our commercial cloud host. These actors were not attempting to file comments themselves; rather they made it difficult for legitimate commenters to access and file with the FCC. While the comment system remained up and running the entire time, these DDoS events tied up the servers and prevented them from responding to people attempting to submit comments. We have worked with our commercial partners to address this situation and will continue to monitor developments going forward.”

Our investigation did not substantiate the allegations of multiple DDoS attacks alleged by Bray. While we identified a small amount of anomalous activity and could not entirely rule out the possibility of individual DoS attempts during the period from May 7 through May 9, 2017, we do not believe this activity resulted in any measurable degradation of system availability given the miniscule scale of the anomalous activity relative to the contemporaneous voluminous viral traffic.

Here is what a net neutrality campaign going viral looks like. As Oliver’s show reached more viewers, many took time to visit the FCC’s website to submit comments, causing the server to slow to a crawl.

The degradation of ECFS system availability was likely the result of a combination of: (1) “flash crowd” activity resulting from the Last Week Tonight with John Oliver episode that aired on May 7, 2017 through the links provided by that program for filing comments in the proceeding; and (2) high volume traffic resulting from system design issues.

The conclusion that the event involved multiple DDoS attacks was not based on substantive analysis and ran counter to other opinions including those of the ECFS subject matter expert and the Chief of Staff.

As a result of our reviews and the findings articulated above, we determined the FCC, relying on Bray’s explanation of the events, misrepresented facts and provided misleading responses to Congressional inquiries related to this incident.

The fact millions of Americans were willing to visit a little-known FCC comment website to share their passionate views on net neutrality ran contrary to Chairman Pai’s claims that many comments were faked, demonstrated a lack of understanding of how net neutrality worked, or were otherwise not to be taken seriously. Pai even called net neutrality supporters “Chicken Littles” during a July 25 congressional hearing.

Pai’s public statements downplaying public comments on net neutrality might lose credibility if the FCC admitted the issue of net neutrality went viral and Americans were sharing their views in unprecedented numbers. Instead, the FCC repeatedly questioned the veracity of the comments, claimed an engineered attack — not dissent — caused the website to crash, and refused to participate in an investigation with the New York Attorney General’s office to uncover the origin of the alleged attack.

Pai’s press release tried to shift attention away from this damning conclusion from the FCC’s Inspector General.

Pai, in an effort to get out ahead of the unflattering report from the Inspector General, issued a press release blaming the affair on the flawed “culture” of the Obama Administration.

“I am deeply disappointed that the FCC’s former Chief Information Officer (CIO), who was hired by the prior Administration and is no longer with the Commission, provided inaccurate information about this incident to me, my office, Congress, and the American people,” Pai said in a statement. “This is completely unacceptable. I’m also disappointed that some working under the former CIO apparently either disagreed with the information that he was presenting or had questions about it, yet didn’t feel comfortable communicating their concerns to me or my office.”

“Second, it has become clear that in addition to a flawed comment system, we inherited from the prior Administration a culture in which many members of the Commission’s career IT staff were hesitant to express disagreement with the Commission’s former CIO in front of FCC management,” Pai added.

Jessica Rosenworcel, the only remaining Democrat on the Commission, dismissed Pai’s attempts to lay blame for the problems on the former administration.

Bray – the scapegoat?

“The Inspector General Report tells us what we knew all along: the FCC’s claim that it was the victim of a DDoS attack during the net neutrality proceeding is bogus,” said Rosenworcel. “What happened instead is obvious—millions of Americans overwhelmed our online system because they wanted to tell us how important Internet openness is to them and how distressed they were to see the FCC roll back their rights. It’s unfortunate that this agency’s energy and resources needed to be spent debunking this implausible claim.”

Pai’s chief scapegoat is David Bray, the FCC’s chief information officer from 2013-2017. Pai accused Bray of misleading him and other FCC officials about the source of the slowdowns and interruptions on the website.

“Yes, we’re 99.9% confident this was external folks deliberately trying to tie-up the server to prevent others from commenting and/or create a spectacle,” Pai quoted Bray as telling him during the May 2017 incident. Bray also acted as an anonymous source for several reporters, claiming a similar DDoS attack occurred in 2014 over net neutrality, a claim hotly disputed by FCC Chairman Thomas Wheeler at the time and called “flat-out false” by Gigi Sohn, a senior counselor to Wheeler.

Fact or Fiction?: Bray claimed 4Chan’s “troll” army was invited to the fight by John Oliver.

Bray also claimed, without evidence, John Oliver “invited the ‘trolls'” from controversial website 4Chan to participate in the attack, suggesting the posting of Oliver’s segment on net neutrality was what “triggered the trolls.”

An exhaustive investigation of the FCC’s traffic logs found no evidence of an orchestrated DDoS attack, and the Inspector General used charts to show tremendous traffic spikes generated as Oliver’s campaign went viral.

Pai’s press release attempts to change the subject and divert attention away from the uncomfortable findings that suggest the FCC under his leadership openly deceived both the public and Congress. Instead of admitting he allowed the agency to continue claiming an outside attack on the FCC’s website was responsible for the incident, he praised himself and his office for what he claimed were findings that “debunk the conspiracy theory that my office or I had any knowledge that the information provided by the former CIO was inaccurate and was allowing that inaccurate information to be disseminated for political purposes.”

That directly contradicts the reports conclusion: “As a result of our reviews and the findings articulated above, we determined the FCC, relying on Bray’s explanation of the events, misrepresented facts and provided misleading responses to Congressional inquiries related to this incident.”

Search This Site:

Contributions:

Recent Comments:

  • Tommy Todd: This sounds good. But getting help to get the process started is next to impossible. The mobile website is a dead end, can't even check the service ma...
  • BestLolita: I have noticed you don't monetize your blog, don't waste your traffic, you can earn additional cash every month. You can use the best adsense alterna...
  • EJ: Josh you are correct as of right now. Without unlimited and/or very high (1TB) caps 4g/5g is nothing more then competition for satellite internet. We ...
  • Dylan: Got that right!...
  • Gayle Conversion: My name is Gayle Anne Wehner-Foglesong.To McAdams! Watch your mouth! You do not blame anyone but yourself. I know everything and I want my money now! ...
  • Michael sherwood: Spectrum charged me an overdue amount and I haven't even been with them for a month...
  • Josh: He’s not wrong, for once. The cell phone stuff keeps blathering s out speeds and how great it is, then can’t actuslly provide unlimited service or an...
  • Dylan: Yeah, Spectrum definitely needs this. I know here in New York, we have National Grid as our electric and gas provider and they definitely tell you abo...
  • FRED HALL: I wish Spectrum had this (and it was accurate). Whenever there's an outage, their tech support is either too stupid or too lazy to let the customer r...
  • Bob61571: TDS Telecom is a sub of Telephone & Data Systems(TDS). US Cellular is also a sub of TDS. TDS Telecom owns a number of smaller small town/rural t...
  • D H: If you want to really feature someone serious for the Governorship. I would suggest Larry Sharpe instead who is actually doing a grassroots campaign....
  • David: Well, I dropped them for earthlink DSL which is slower and buggier but I don't regret it since I don't accept getting pushed around. If earthlink keep...

Your Account: