Two tech trade group representatives played down the value of consumer data during Tuesday’s FTC policy hearing (see 1810310052). Another industry official argued too much focus is on drawbacks of big-data collection, not enough on benefits.
Drawback
A duty drawback is a refund by CBP of the duties, taxes, or fees paid on imported goods, which were imposed upon importation as prescribed in 19 U.S.C. 1313(d). More broadly, a drawback also includes the refund or remission of other excise taxes pursuant to other provisions of law.
The Pennsylvania Public Utility Commission could regulate pole attachments better than the FCC, commented fiber company NetSpeed, posted Tuesday in docket L-2018-3002672. Comments are due Oct. 29 on a rulemaking on asserting state jurisdiction over pole attachments and creating a forum for dispute resolution (see 1807250039). PUC “expertise regarding electric utilities and electric distribution service will provide a basis for wise regulation that the Federal Communications Commission unavoidably lacks,” NetSpeed said. “One of the drawbacks of the FCC’s pole attachment complaint process is that it typically does not result in a decision for many months.” A speedier process in Pennsylvania would encourage fiber investment, it said. The company supported adopting the existing federal regime there, not a mechanism to automatically adopt federal changes.
Proposals for reallocating part of the C-band for terrestrial services carry different benefits and drawbacks, said R Street Institute Technology Policy Fellow Joe Kane Wednesday. He said one problem with the current system of C-band earth station registration is the complexity of the FCC form, and it should be streamlined or the agency should solicit satellite provider help in identifying earth station locations. Kane said the satellite industry consortium idea to negotiate for all satellite users of the band would mean lower transaction costs but would bring to market less spectrum at higher costs than in a more-competitive market. Going to a competitive market model isn't viable due to inevitable technical and legal delays, he said: The satellite consortium model might need the FCC to stipulate that more spectrum than the 100 MHz Intelsat, Intel and Eutelsat have committed to be clear, such as 300 MHz. Auction of overlay licenses is problematic due to the full-band, full-arc characteristics of the band, while reforming the full-band, full-arc policy may be "untenable," said the report.
The FCC shouldn’t offer census-tract-sized licenses as part of the licensed tier of the 3.5 GHz citizens broadband radio service band, CTIA said in a meeting with Erin McGrath, aide to Commissioner Mike O’Rielly. “The current licensing scheme for the CBRS, with 74,000 separate license areas based on census tracts and an average population of 4,400 per area, is significantly smaller than the license areas used for comparable spectrum in the rest of the world,” CTIA said in docket 17-258. “Census tract licensing would have significant drawbacks, including that it would create administrative complexity for the Commission, licensees, and Spectrum Access System Administrators; raise significant interference concerns; reduce the value of the spectrum; and raise the cost of designing and deploying networks, thereby harming rural investment.”
Commenters said NTIA could improve broadband data quality and accuracy to help mapping efforts, including by using geocoding, but some also noted limitations. An NTIA notice "recognizes that the starting point for any discussion of broadband mapping is the FCC’s Form 477 data program," said NCTA, urging NTIA to work closely with the FCC without duplicating its work. "NTIA could augment the FCC’s broadband availability data" to "ensure that any future national broadband map includes information on locations where providers have committed to future construction in exchange for government subsidies." NTIA hasn't yet posted comments due Monday, but some parties forwarded us their filings.
Facial recognition technology deserves “thoughtful government regulation,” blogged Microsoft President Brad Smith Friday. Computers identifying faces through cameras and photos raises “issues that go to the heart of fundamental human rights protections like privacy and freedom of expression,” said Smith. Government and industry should determine acceptable uses, he said, with policymakers balancing public safety and democratic freedoms. Smith listed benefits: efficient photo cataloging; authorities identifying missing people and criminal suspects; and smart device security. He listed drawbacks: potential for continuous, nonconsensual government surveillance; mass unauthorized data gathering from events; commercial exploitation of surveillance systems to sell products; and racial bias. He recommended policymakers launch a “bipartisan and expert commission” to guide legislative efforts. Industry deciding alone is “an inadequate substitute for decision making by the public and its representatives,” Smith said. “A world with vigorous regulation of products that are useful but potentially troubling is better than a world devoid of legal standards.”
Better space situational awareness (SSA) data sharing and clearer delineation of who has authority when two objects are heading toward a collision in space should top the next steps list for creation of a space traffic management (STM) rules regime, experts said at a Secure World Foundation event Monday. It would be "a big leap forward" for Congress to beef up White House authority for STM "for someone to be formally in charge" of handling conflicts among objects in orbit, said space lawyer Brandt Pasco of Pasco & Associates.
A big Communications Act overhaul doesn't seem in the cards anytime soon, given the partisan divide in Congress, so smaller bills with bipartisan support like the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act (HR-4986) are probably the future norm, said former FCC Chairman Dick Wiley Tuesday at a Hudson Institute talk. The Wiley Rein co-founder said big, comprehensive communications legislation also isn't likely to be taken up at least until Congress settles the net neutrality issue. Wiley said the Sunshine Act, while well intentioned, has led to commissioners' meetings being scripted affairs and hurt the ability of commissioners to narrow differences and have working relationships. He said the law needs amending -- perhaps by allowing non-decisional meetings -- but the likelihood of that happening is slim "because it sounds like you're against transparency." Commissioner appointments coming from the Hill instead of the president has resulted in people who are highly qualified but often coming in with ties to the Hill and strong political viewpoints, Wiley said. He said FCC and other regulatory agencies have become politicized "little Congresses." He said the drawback of the old appointment process, where the president appointed commissioners from both parties, was too much homogeneity. Building camaraderie among commissioners would be tougher since the partisan divide is stronger, Wiley said. With a couple of exceptions -- like Ronald Reagan pushing the agency on keeping the rule governing TV program financing and syndication and Barack Obama's push on Title II regulation of the internet -- concern about White House influence on the FCC is overstated, Wiley said. Even when the Nixon administration was supposedly pushing the agency to block Washington Post Co. purchase of radio stations, "I never got a call on anything," he said. From a lobbying standpoint, that commissioners feel inclined to put out statements on every item adopted is helpful for knowing the thinking of that member, he said.
An FCC draft ruling and orders would undo 2015 net neutrality regulation and Title II broadband classification under the Communications Act, as Chairman Ajit Pai and staffers outlined Tuesday (see 1711210020). The 210-page draft declaratory ruling, report and order, and order released Wednesday would "reverse heavy-handed utility-style" broadband regulation "and return to the light-touch framework" that promoted a "free and open internet" before Title II classification, it said.
Last week’s federal court ruling upholding a Kentucky city’s right to make one-touch, make-ready policy may strengthen the legal case for more local OTMR policies across the U.S., said attorneys and others who support the practice. But a state industry association head said the U.S. District Court in Louisville opinion has no impact for similar litigation in Tennessee and West Virginia, states that -- unlike Kentucky -- are subject to FCC pole-attachment authority. Meanwhile, one-touch advocates said the court ruling supports making state and national policies.