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Sen. Thune Slams FCC and Ajit Pai for “Unacceptable Failure” to Expand Rural Broadband

Thune

Sen. John Thune (R-S.D.) slammed the Federal Communications Commission for its “unacceptable failure” to expand rural broadband service and close America’s rural-urban digital divide.

Thune’s comments were directed to FCC Chairman Ajit Pai, appearing Thursday before the Senate Commerce Committee the South Dakota Republican chairs. Thune complained rural broadband expansion has slowed in his rural state, something he blamed on the FCC’s “inaction.” Thune criticized the FCC’s cuts to the Universal Service Fund, implemented as part of an effort to reduce the FCC’s budget.

“The FCC’s failure to ensure sufficient and predictable funding jeopardizes the vitality of America’s rural communities, and makes it much, much harder for our witnesses and others like them to deploy broadband,” Thune said in his opening remarks. “This is simply unacceptable.”

Thune claims the FCC’s cuts have increased by almost 25%, and there has been no study undertaken to determine the impact those cuts have on rural broadband expansion.

“Rural Americans should never be left behind their urban counterparts,” Thune added.

Pai defended the FCC’s actions under the Trump Administration, claiming the Commission is allocating nearly $6 billion for Connect America Fund subsidies and additional money for rural wireless projects. Pai claimed the FCC is providing $340 million to bring 4G LTE service to tribal lands, with additional funds available when those rural broadband subsidies are exhausted. Most of the money is being paid to subsidize for-profit companies.

Pai also claimed his broadband policy reforms, such as repealing net neutrality and other deregulation will stimulate new private investment independent of the Commission. To help that expansion, Pai suggested the recently proposed rules to streamline new cell tower approvals and ease up on historic preservation and environmental reviews will speed rural rollouts.

But both Sen. Thune and Chairman Pai have steadfastly opposed municipal and public broadband expansion projects designed to close the rural broadband gap in areas where for-profit ISPs have refused to serve without subsidies.

Telecom Lobby Sues California to Block State’s Net Neutrality Law

WASHINGTON (Reuters) – Four industry groups representing major internet providers and cable companies filed suit on Wednesday seeking to block California’s new law to mandate net neutrality rules.

The groups represent companies including AT&T Inc, Verizon Communications Inc, Comcast Corp and Charter Communications Inc. The lawsuit came after the U.S. Justice Department on Sunday filed its own lawsuit to block the new law.

The lawsuit filed by the American Cable Association, CTIA – The Wireless Association, NCTA – The Internet & Television Association and USTelecom – The Broadband Association, called California’s law a “classic example of unconstitutional state regulation” and urged the court to block it before it is set to take effect Jan. 1.

U.S. Attorney General Jeff Sessions said on Sunday in a statement that the “the California legislature has enacted an extreme and illegal state law attempting to frustrate federal policy.”

This marked the latest clash between the Trump administration and California, which have sparred over environmental, immigration and other hot-button issues.

In December, the Federal Communications Commission said in repealing the Obama-era rules that it was preempting states from setting their own rules governing internet access.

California Attorney General Xavier Becerra said on Sunday the Trump Administration was ignoring “millions of Americans who voiced strong support for net neutrality rules.”

The Trump administration rules were a win for internet providers but opposed by companies like Facebook Inc, Amazon.com Inc and Alphabet Inc.

Under President Donald Trump, the FCC voted 3-2 in December along party lines to reverse rules that barred internet service providers from blocking or throttling traffic or offering paid fast lanes, also known as paid prioritization.

In August, 22 states and a coalition of trade groups representing major tech companies urged a federal appeals court to reinstate the rules. The states argue that the FCC cannot preempt state rule because it is not setting any limits on conduct by internet providers.

A federal judge on Monday set a Nov. 14 hearing in Sacramento on the Justice Department lawsuit.

Frontier Abdicates Basic Responsibilities in Minn.; One Resident Has Phone Cable Draped Over Propane Tank

Ceylon City Council Member John Gibeau shows this Frontier Communications cable intentionally laid across the customer’s propane tank. (Image courtesy: Mark Steil, MPR News)

Frontier Communications technicians decided it would be perfectly safe to drape their telephone lines on top of a propane tank, use overhead tree branches as makeshift telephone poles, and leave phone cables laying on the ground — in lawns, fields, and farms — for up to three years in southern Minnesota.

Minnesota Public Radio found a number of problems with Frontier Communications in a special report outlining years of complaints about the phone company’s performance — or lack thereof — in small communities around the state, including in the town of Ceylon in Martin County, located along the Minnesota-Iowa border.

John Gibeau, a city council member, might tell visitors to be careful of Frontier’s phone cables, some that have laid on the ground in parts of town for years.

“There’s three lines there, that are just laying across the ground,” Gibeau told MPR News. “And they run down for probably another 60 yards.”

Frontier laid out the phone cables sometime ago, but they have never seen a day attached to a utility pole.

In another part of town, a Frontier line technician thought nothing about draping a phone line across the top of a homeowner’s propane tank. At one address, there was no convenient utility pole in sight, so the technician used a few trees in the neighborhood as makeshift poles, distributing the line through the tree branches which help keep the cable above ground so vehicles do not drive over it. Gibeau said Frontier has left it that way for almost three years.

Ceylon, Minn.

Another resident deals with Frontier’s phone line each time he mows his lawn. That is because Frontier just dropped the cable on the grass and left it there. He relocated it to a nearby flower bed to avoid an accidental entanglement with the lawnmower. Other neighbors have done their part, attaching Frontier’s lines to the top of fences and fence poles — anything in sight that can get the cable off the ground where it can be ruined over time.

In all these cases, Frontier has refused to fix the problems, despite repeated calls. But that may be asking for too much. At a hearing recently in Slayton, Frontier customer Dale Burkhardt lost his phone and DSL service after a construction crew accidentally severed the phone cable that serves his farm. More than a year later, Frontier’s repair crews have never shown up to repair the line, regardless of the number of trouble tickets and calls to customer service.

“I still don’t have a landline, I don’t have an internet,” Burkhardt said. “I’m getting a little fed up.”

As Minnesota’s Public Utilities Commission continues a series of public hearings around the state to hear complaints concerning Frontier Communications, regulators are getting an earful. Nearly 400 people have turned out for the hearings so far. Many report Frontier has not fixed their problems, no matter how often customers complain.

Javier Mendoza, Frontier’s vice president of communications, told MPR the company is listening to customers.

“For us, one customer who is out of service is one customer too many,” Mendoza said. “So, we would thank our customers for their patience. We recognize that from time to time we experience service issues and delays. And for those customers that are affected, we apologize to them.”

Frontier Communications scatters its phone cables on residents’ lawns, across a propane tank, and through tree branches as makeshift utility poles, reports Minnesota Public Radio (3:56)

If This Had Been An Actual Emergency… National Emergency Alert Test Wednesday

Phillip Dampier October 2, 2018 Consumer News, Public Policy & Gov't, Video No Comments

FEMA, in coordination with the Federal Communications Commission, will conduct a nationwide test of the Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA) on Wednesday, Oct. 3, creating a cacophony of alarms and warning tones on cell phones, radios, and televisions from coast to coast.

The WEA test is most likely to be heard… in every school, office, and store as nearly all wireless phones sound off starting at 2:18pm EDT. Two minutes later, radio and television stations, NOAA weather radios, and cable, satellite, and telco TV systems, will deliver EAS alerts to their respective audiences.

This will be the first time FEMA and the FCC will deliver a nationwide WEA test, which will measure the effectiveness of using cell phones to mass deliver emergency alerts and action messages on a nationwide scale. Previous uses included urgent Amber Alerts and weather-related messages, but only to specific localities or regions. The government agencies want to know if America’s cell phone carriers can deliver messages to all of their customers accurately and on a timely basis.

The emergency alert messages have no political connection to the Trump Administration or the White House, and were first envisioned during the Bush Administration. Despite that, some planned to mute their phones or switch them off as a protest against the president, falsely fearing he might use the system to deliver political messages.

Tomorrow’s alerts will consist of the following messages, sent using a unique tone and vibration that is not designed to be muted or silenced:

  • WEA: Presidential Alert: “THIS IS A TEST of the National Wireless Emergency Alert System. No action is needed.”
  • EAS: (in English and/or Spanish) “THIS IS A TEST of the National Emergency Alert System. This system was developed by broadcast and cable operators in voluntary cooperation with the Federal Emergency Management Agency, the Federal Communications Commission, and local authorities to keep you informed in the event of an emergency. If this had been an actual emergency an official message would have followed the tone alert you heard at the start of this message. A similar wireless emergency alert test message has been sent to all cell phones nationwide. Some cell phones will receive the message; others will not. No action is required.”

FEMA’s public service announcement about Wednesday’s test. (0:48)

Trump Administration’s Justice Dept. Sues to Block California’s Net Neutrality Law

Phillip Dampier October 1, 2018 Consumer News, Net Neutrality, Public Policy & Gov't 1 Comment

Gov. Brown

Within hours of California’s Gov. Jerry Brown signing the state’s sweeping new net neutrality protection law, Attorney General Jeff Sessions filed a federal lawsuit to block the law, calling it an illegal attempt to bypass the Federal Communications Commission and its chairman Ajit Pai, which the Trump Administration argues has the sole authority over the nation’s internet service providers.

“States do not regulate interstate commerce — the federal government does,” Sessions said in a statement. “Once again the California legislature has enacted an extreme and illegal state law attempting to frustrate federal policy. The Justice Department should not have to spend valuable time and resources to file this suit today, but we have a duty to defend the prerogatives of the federal government and protect our Constitutional order. We will do so with vigor. We are confident that we will prevail in this case—because the facts are on our side.”

The Department of Justice claimed in its lawsuit that California’s open internet protection legislation was blatantly against the public interest because it imposes a host of rules on the conduct of companies like AT&T, Verizon, Comcast, and Charter that are contrary to the administration’s deregulation principles.

“[This new law] unlawfully imposes burdens on the federal government’s deregulatory approach to the internet,” the lawsuit stated. “The United States concluded that California, through Senate Bill 822, is attempting to subvert the federal government’s deregulatory approach by imposing burdensome state regulations on the free internet, which is unlawful and anti-consumer.”

FCC Chairman Ajit Pai wholeheartedly supports the lawsuit, releasing his written comments praising it as part of the Justice Department’s media release.

“I’m pleased the Department of Justice has filed this suit,” Pai wrote. “The internet is inherently an interstate information service. As such, only the federal government can set policy in this area. And the U.S. Court of Appeals for the Eighth Circuit recently reaffirmed that state regulation of information services is preempted by federal law.”

“Not only is California’s internet regulation law illegal, it also hurts consumers,” added Pai. “The law prohibits many free-data plans, which allow consumers to stream video, music, and the like exempt from any data limits. They have proven enormously popular in the marketplace, especially among lower-income Americans. But notwithstanding the consumer benefits, this state law bans them.”

The Trump Administration fears the new California law will set a de facto standard of net neutrality protection across all 50 states, because California’s market size makes it difficult for telecommunications companies to apply one standard in California, while maintaining different standards everywhere else.

Sessions

The California net neutrality law restores most of the rules ISPs followed during the Obama Administration, including bans on blocking or throttling internet content and outlawing paid prioritization schemes, which would allow ISPs to charge content providers extra to guarantee their internet traffic was prioritized over other traffic. The new law also covers interconnection agreements between ISPs, which are cited as largely responsible for traffic slowdowns on websites like Netflix and YouTube. Some ISPs have used these traffic exchanging agreements as leverage to seek compensation from internet content companies in return for higher capacity, less congested connections between a content provider and the ISP’s customers. The FCC did not address this issue in its own, now repealed, net neutrality rules.

California’s attorney general promised to defend the new law in court and oppose the Justice Department lawsuit.

“We will not allow a handful of power brokers to dictate sources for information or the speed at which websites load,” said Xavier Becerra. “We remain deeply committed to protecting freedom of expression, innovation and fairness.”

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