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Wireless Industry Claims Removing Regulatory Hurdles Will Save $1.6 Billion on 5G Deployment

Phillip Dampier March 14, 2018 Astroturf, Consumer News, Public Policy & Gov't, Video, Wireless Broadband Comments Off on Wireless Industry Claims Removing Regulatory Hurdles Will Save $1.6 Billion on 5G Deployment

Accenture’s six-page analysis.

CTIA, America’s largest wireless industry trade group and lobbyist, commissioned a research consultant to produce a six-page analysis that unsurprisingly concludes stripping some oversight responsibilities regarding cell tower placement would reduce the cost to deploy 5G wireless small cells by as much as $1.6 billion over the next nine years.

The Federal Communications Commission is currently considering industry-friendly proposals that would “streamline” and “modernize” the historic and environmental regulatory requirements for wireless deployments, exclude small cells from certain federal regulatory reviews, and put a strict limit on completing environmental impact reviews on new tower and antenna installations or else they will be automatically approved.

The Accenture analysis, produced at the request of CTIA, claims that it will cost an average of $9,730 for each 5G small cell regulatory review. But the report also states only 28-29% of installations will face this type of review. The CTIA implies it is much worse than that in its new 30-second ad complaining about regulatory burdens. That ad suggests 5G small cell “approval can take a couple of years.”

As the FCC ponders further deregulation of cell tower and antenna placement, wireless industry players are sharing their horror stories with the FCC to strengthen the agency’s likely  view that installation rules and oversight should be relaxed.

In January, Sprint complained it faced a demand to pay a $90,000 “tribal review fee” for six tower upgrades in the Chicago area. The company claims the towers were located in historic preservation areas, but not in areas of tribal significance. Sprint added in its letter to the FCC it only planned to install additional antenna equipment at those tower sites to increase capacity, not erect new towers.

The wireless industry is also lobbying to get cut-rate access to public infrastructure like street lights, on which it eventually plans to place 5G network equipment.

In states like California, AT&T has pushed hard for new legislation that would mandate cities and counties to give the company open access to public infrastructure in public rights-of-way or utility easements. In a 2017 bill before the California Senate, companies like AT&T would face a fee limit of $100-850 per small cell per year, indexed for inflation,

With multiple wireless companies prepared to enter the 5G marketplace, utility poles could get crowded.

Cities and counties may also find their right to object to what eventually ends up on their poles curtailed as a result of the deregulation effort.

CTIA’s new 30-second advertisement claims 5G small cells can be installed in about 90 minutes, but only after waiting years for a sluggish review process. (30 seconds)

Net Neutrality Protests Coming to More Than 600 Verizon Stores on Thursday

Phillip Dampier December 6, 2017 Consumer News, Net Neutrality, Public Policy & Gov't Comments Off on Net Neutrality Protests Coming to More Than 600 Verizon Stores on Thursday

Thousands of pro-Net Neutrality supporters are expected to protest the imminent repeal of rules protecting a free and open internet at more than 600 Verizon retail stores nationwide on Thursday, Dec. 6.

FCC Chairman Ajit Pai is likely to preside over a 3-2 Republican majority Dec. 14 vote rolling back rules that prevent internet service providers from blocking or slowing access to websites and creating paid “fast lanes.”

“The protests are meant to pierce the protective bubble of industry lobbyists and ‘yes men’ who’ve surrounded Chairman Pai,” said Free Press Action Fund senior director of strategy Timothy Karr,  who helped coordinate the day of action. “The outcry from across the political spectrum has been deafening. Pai’s effort to ignore the overwhelming public support for Net Neutrality only isolates him further from the people he’s really supposed to serve.”

The largest protest is expected to take place at Verizon’s Manhattan store on 42nd Street near Bryant Park. Other New York-area protests will occur at Verizon stores and offices in Lower Manhattan, Williamsburg (Brooklyn) and Fordham University (the Bronx).

Verizon Protests, a website run by several internet activist groups, is coordinating the public pushback against Pai and features an online map showing scheduled protest locations, asking those planning to attend to RSVP and find out the time of the protest at each location.

The group chose Verizon’s retail stores for its protests because Verizon is funding anti-Net Neutrality campaigns and lawsuits.

“The new chairman of the FCC, Ajit Pai, is a former top lawyer for Verizon, and the company has been spending millions on lobbying and lawsuits to kill Net Neutrality so they can gouge us all for more money,” the website says. “By protesting at Verizon stores, we’re shining light on the corruption and demanding that our lawmakers do something about it. Only Congress has the power to stop Verizon’s puppet FCC, so at the protests we’ll be calling and tweeting at legislators, and in some cities we’ll be protesting right in front of their offices.”

The group is encouraging everyone to also take their protest to their members of Congress.

“Everybody can call (202) 759-7766.  Please introduce yourself, be polite, and say and say something like: “I support “Title Two” Net Neutrality rules and I would like you to publicly oppose the FCC’s plan to repeal them,” the group advises in a three-page protest guide. “Please contact the FCC Chairman and demand that he abandon his current plan. We don’t need legislation, we need you to stop the FCC from gutting the existing rules.”

Comcast, AT&T and the Koch Brothers Secretly Bankrolled GOP Convention “Cloakroom”

Phillip Dampier October 25, 2017 Issues Comments Off on Comcast, AT&T and the Koch Brothers Secretly Bankrolled GOP Convention “Cloakroom”

President Donald Trump promised voters during last summer’s Republican National Convention that he would ‘not look the other way’ and ignore Washington politicians that have “sold out to some corporate lobbyist for cash.”

But newly released documents show that while Mr. Trump was delivering his remarks, top Republican officials and some of the nation’s biggest corporate lobbyists were enjoying a plush, corporate funded private hideaway where politicians could safely meet with corporate interests away from the public’s glare.

The Center for Public Integrity could not directly obtain information about the “cloakroom” — the informal name designated by the GOP for the space designed to look like a cross between an elite hotel lobby, a private club, and expensive office space — because the organizers sought to keep it a secret. But an unrelated lawsuit filed in a Ohio court made public important bank records which revealed just how much some of America’s top corporations were willing to quietly spend to keep the Republicans happy.

The top donor was Comcast Corp., which contributed $200,000. Microsoft, the Koch Brothers, and AT&T each donated $100,000. Those companies were joined by large banks, the oil, gas, and pharmaceutical industries, and curiously an $80,000 check from the Morongo Band of Mission Indians, among the top political donors in California. The group has spent more than a quarter-billion dollars on campaign contributions and lobbying to convince lawmakers to allow the Native Americans the right to spread slot machines around the state.

To keep the contributions a secret, Republicans created a limited liability corporation — “Friends of the House 2016 LLC,” according to bank records. This group was not obligated to disclose its funding sources, and fought hard in court to keep the names of its corporate donors from being revealed to the public.

Corporate interests were nervous about sponsoring the 2016 Republican convention that was widely expected to choose Mr. Trump as the Republican candidate. Corporate interests told the New York Times last year they were under pressure to scale back their contributions as the campaign grew divisive. AT&T told the newspaper it was limiting its contributions to convention activity “aimed at benefiting the democratic process.” The company had no comment about how their contribution to fund an exclusive, strictly off-limits to the public-“cloakroom” accomplished that.

Instead of foregoing contributions, the Republicans devised a way to quietly obtain corporate money while giving donors cover from public scrutiny.

“The immediate effect is it looks like it hid certain donors to the convention,” said Lawrence Noble, senior director and general counsel for the Campaign Legal Center, a nonpartisan nonprofit that advocates for campaign finance reform.

One of the designated perks of being a donor to the ‘Friends of the House’ was a free pass to enjoy the facilities for refreshment and relaxation.

“As a sponsor of the hospitality venue, we were invited to use it, as well,” said Jori Fine, a spokeswoman for Health Care Service Corp. The company paid Friends of the House 2016 LLC $100,000, according to bank records, a payment that Fine said “supported hospitality and other events during the 2016 GOP Convention in Cleveland.”

Should a donor’s lobbyist or corporate executive bump into top Republican lawmakers inside, such as House Speaker Paul Ryan, who was given his own private space in the “cloakroom,” that was ‘purely coincidental.’ Since donor companies were given access while non-donors were not, lawmakers using the “cloakroom” could easily deduce donors by the presence of their lobbyists or company officials.

Most of the companies who made contributions are still trying to keep it a secret. In addition to an effort to get a Ohio judge to seal the records before they were made public, 15 of the 20 donor companies refused to confirm they were donors and had no comment or did not respond when asked about it.

Marketing materials from the company that constructed the “cloakroom” give the public their only view of its elegance. Members of the public were not allowed inside.

“The convention is one big loophole to the limits of corrupting money on politics,” Paul S. Ryan, vice president for policy and litigation at Common Cause, a nonpartisan nonprofit that advocates for limits on money in politics told the Center. He is not related to House Speaker Paul Ryan.

The Center for Public Integrity also exposed how companies and individuals like the Koch Brothers claimed they were staying away from contributing to the GOP convention, while eagerly feeding secret contributions to the LLC that benefited it:

Friends of the House 2016 LLC appears to have provided companies an especially discreet opportunity to support the GOP convention.

For several of the companies that didn’t otherwise donate cash directly to the Cleveland 2016 Host Committee — a list that includes 12 of the entities listed in the bank records — there was little or no public evidence of their use of corporate dollars to support of the 2016 Republican convention.

For example, Comcast Corp., which wrote a $200,000 check to Friends of the House 2016 LLC, isn’t listed as a donor by the Cleveland 2016 Host Committee.

Neither is Koch Companies Public Sector, which wrote a $100,000 check to Friends of the House 2016 LLC. In fact, a Koch Industries spokesman in June said the billionaire brothers Charles and David Koch, well-known Republican megadonors, weren’t planning to contribute to the convention at all.

Neither firm responded to a request for comment about the payments to Friends of the House 2016 LLC.

The majestic space created for politicians and corporate interests to relax together in a familiar “cloakroom” setting was no small undertaking, according to Joe Mineo Creative, the company that transformed the Cleveland Cavaliers’ practice basketball court inside the Quicken Loans Arena in Cleveland into something that would fit comfortably in a high-end D.C. hotel or private offices for corporate executives. It was with some embarrassment to the Republicans that the company that did the work was sufficiently proud of it to boast about it in marketing materials, giving the public its only glimpse of how more than $1 million in corporate contributions was spent during the three-day convention. When it was over, the “cloakroom” was torn down to restore the basketball court.

It isn’t known if any campaign finance laws were broken as a result of these contributions.

 

Mich. Lawmaker Seeks Ban on All Community Broadband Networks (And Blocks Stop the Cap!)

Rep. Michele Hoitenga (R-Manton) doesn’t care much for community broadband, so she introduced a bill in the Michigan legislature that is as stark as it is short:

House Bill 5099:

The bill is remarkable for its brevity — most proposed community broadband ban bills avoid outright bans, preferring to use forced complicated referendums or operational limitations that usually make municipal broadband projects untenable. But Rep. Hoitenga’s bill leaves no doubt she wants private cable and phone companies left unmolested by publicly funded alternatives. Although the Michigan Republican chairs the House’s Communications and Technology committee, she appears confused about the difference between upload and download speeds. Her bill would define a “qualified” internet service as one offering at least 1/10Mbps service. Yes — 1Mbps download speed and 10Mbps upload speed.

Ars Technica’s Jon Brodkin asked Rep. Hoitenga about the oddity of the language in her bill:

When asked about this on Twitter, Hoitenga said she would have to “speak with the attorneys who wrote the bill” to determine whether the listed speed was a mistake. “I will speak with the attorneys who wrote the bill. They changed the language I submitted but will ask why they changed it,” Hoitenga wrote.

Rep. Hoitenga

Rep. Hoitenga used her Twitter account to promote and defend her bill, pointing out the district she represents had “37 providers” to choose from — a fact she gleaned from an online AT&T Yellow Pages directory. Stop the Cap! investigated that claim and found the majority of the providers cited did not offer internet access to members of her district, provided service only in adjacent communities, or sold commercial internet services to businesses only. In fact, for the overwhelming majority of her constituents, there are only two providers to choose from — AT&T or Comcast. Both are top donors to Rep. Hoitenga’s campaign, but more on that later.

Michigan has never been a hotbed of community broadband initiatives, despite having uneven broadband service in suburban and rural areas across the state. Michigan law already includes several significant roadblocks for public broadband projects, notes Lisa Gonzalez from the Institute for Local Self-Reliance:

“Michigan already has a significant state barrier in place; municipalities that wish to improve connectivity must first appeal to the private sector and can only invest in a network if they receive fewer than three qualifying bids. If a local community then goes on to build a publicly owned network, they must comply with the terms of the RFP, even though terms for a private sector vendor may not be ideal for a public entity.

“Nevertheless, several communities in Michigan have dealt with the restrictions in recent years as a way to ameliorate poor connectivity. They’ve come to realize that their local economies and the livelihood of their towns depend on improving Internet access for businesses, institutions, and residents.”

Although Rep. Hoitenga’s bill offers the possibility for “public-private” partnerships, her bill would bring a significant chilling effect because the proposed law fails to define how such partnerships should be structured.

Rep. Hoitenga told Stop the Cap! the bill would put a stop to tax dollars being spent on broadband service, something she felt was unwarranted. We asked the Michigan representative, “Did you know the phone and cable companies receive taxpayer subsidies already in the form of PILOT agreements, and other incentives?” which received the non-sequitur response that her office’s phones were ringing constantly with callers praising her new bill.

But that isn’t what Rep. Hoitenga told her Facebook fans.

“Many individuals have reached out to my office in regards to HB5099; with the belief that I am attempting to limit broadband expansion,” Hoitenga wrote. “This could not be further from the truth. One of my main goals as the Chair of the House Communications and Technology committee is to make internet access more easily obtainable. This legislation does indeed prevent cities from using tax dollars to subsidize ISPs; especially without a vote of the people. While at first glance government operated networks may sound like a good idea, the argument in support of them crumbles with an in depth look into the financial and long-term investment side of implementing such a network.”

So we remain unsure if the wave of phone calls Hoitenga referenced were in support of her proposed bill or opposed to it. Either way, the Michigan representative mischaracterized her own three-paragraph bill by claiming it would prevent cities from using tax dollars for internet service, “without a vote of the people.” But no provision for such a vote exists or would be allowed by her existing bill. Hoitenga’s bill also clearly makes internet access less obtainable, especially in communities where a for profit provider does not exist and a community is seeking to provide an alternative.

Hoitenga later states communities may not need to worry about internet accessibility because, “there is also a package of bills in the senate regarding Small Cell Technology (which also attempts to reduce barriers),” she wrote. That provision is backed by AT&T, which is currently one of the two ISPs serving her district.

She then picks up familiar talking points distributed by public broadband opponents:

“There are examples throughout the state and nation of taxpayers being on the hook for failed networks. There is also concern that some of these networks are in towns where employee pensions are severely underfunded, causing layoffs and cutting services, yet there seems to be money for high risk broadband investments. It’s time to address these issues.

“My colleagues and I have introduced legislation that aims to remove some of the current barriers (HB5096-5098), and help streamline the broadband expansion and installation process for private providers. Municipalities should not be allowed to push out the free markets with unlimited tax payer resources and unfair advantages but could partner with providers to offer fiber for expansion to unserved areas.”

She also cited a 2017 study critical of municipal broadband networks authored by University of Pennsylvania Law School Professor Christopher Yoo and co-author Timothy Pfenninger. Neither author or Rep. Hoitenga disclosed the group that produced the study is funded by AT&T and Comcast, among other large telecom companies and their respective lobbying organizations.

After opening a dialogue with the Michigan representative, she did not take kindly to questions or criticism about her bill, and summarily blocked Stop the Cap! from seeing her Tweets or communicating with her further — the first time anyone has blocked our group on Twitter. Shortly after that, she changed her Twitter channel to be viewable by invitation only, limiting her potential audience to her 284 current followers. At the moment, the only social media outlet that seems to be still open to communicating with Rep. Hoitenga is Facebook, where she is taking heat from her constituents about her bill.

The Michigan representative has been behind several controversial bills introduced in the current session of the Michigan House, including a proposal to allow concealed pistols to be carried in public and a ban on Sharia law being practiced in the United States.

Her top donors for the current legislative session include:

#2 – Telecommunications Association of Michigan PAC, $3,000
#4 – AT&T Michigan, $1,500
#11 – Comcast Corp. & NBC Universal, $500

Deadline for Net Neutrality Comments Extended 2 Weeks; Industry: Many Comments Are “Fake”

Phillip Dampier August 14, 2017 Net Neutrality, Public Policy & Gov't 1 Comment

If you have not filed a reply comment with the Federal Communications Commission on the subject of Net Neutrality, you now have two extra weeks to send one.

At the request of consumer groups and some members of Congress, the FCC extended the deadline for reply comments — those in response to existing filings — until Aug. 30, 2017. The two-week extension is far less than the eight weeks requested by many, and was granted despite objections for any extension from the cable, wireless, and telephone company lobbying organizations.

While it is the policy of the Commission that ‘extensions shall not be routinely granted,’ we find that an extension of the reply comment deadline is appropriate in this case in order to allow interested parties to respond to the record,” the FCC wrote. “While we recognize that Movants have requested an eight-week extension of the reply comment deadline, we find, consistent with past Commission precedent granting partial extensions, that an additional two weeks is an appropriate period of time to extend the reply comment deadline in order to provide parties additional time to analyze the technical, legal, and policy arguments raised by initial commenters.”

Few in Washington expect the more than 11 million comments on the issue of keeping an open internet will make much difference to FCC Chairman Ajit Pai or his Republican colleague Michael O’Rielly, both fierce opponents of Net Neutrality. The third Republican Commissioner, Brendan Carr, was sworn in with returning Democrat Jessica Rosenworcel last Friday. Carr has a paper trail opposing Net Neutrality, while Rosenworcel is on record supporting it, along with her colleague Mignon Clyburn. In the end, the vote is likely to be 3-2 in favor of repealing Net Neutrality.

Unusually, the FCC has taken the step of characterizing the quality of comments received on the Net Neutrality issue, calling the vast majority of them exceptionally brief and containing little more than a declaration of the author’s “ultimate policy preferences.” It also suggested a large number of comments were “apparently fabricated,” noting that many were signed without the consent of the person named and others lack any names at all.

The telecom industry characterized the delay as giving more time for what Lawrence Spiwak, president of the telecom industry-friendly Phoenix Center calls “sophistic clicktivism” to “pad the record” in favor of Net Neutrality. Other groups funded by the telecom industry have spent months attempting to discredit the enormous number of comments — the most ever received by the FCC — by suggesting the majority were fake or fraudulent and not worthy of being taken seriously.

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