The FCC voted 5-0 to extend its National Deaf-Blind Equipment Distribution Program as a pilot program for another year until June 30, 2017. NDBEDP provides up to $10 million annually to support efforts that distribute communications equipment to low-income people who are deaf-blind. "Extending the pilot program for an additional year will enable the NDBEDP to continue providing communications equipment to low-income individuals who are deaf-blind without interruption while the Commission completes the proceeding that is underway to adopt rules to govern a permanent NDBEDP," said the FCC order released Friday in docket 10-210. One FCC member had concerns. "I will reluctantly support the order extending the pilot program for another year to ensure the program is not interrupted, but I am beyond disappointed that the Commission was not able to complete rules for the permanent program during this past year," said Commissioner Mike O'Rielly in an accompanying statement. "This rulemaking has had the support of all five Commissioners and a number of outside parties, which does not happen too often. Moreover, the permanent program is actually authorized by law, whereas the pilot program is in a more questionable state. Perhaps if the Commission had prioritized this rulemaking over others, we could have adopted final rules by now." Separately and on Thursday, the FCC sought applications for the program in two states (see 1605270019).
The Newspaper Association of America wants the FTC to investigate advertising blocking technologies and related services, saying they may violate Section 5 of the FTC Act. NAA alleged in a Thursday news release and complaint that ad blockers falsely represent to consumers who download an app or service that they'll get ads that satisfy a certain standard. But large companies pay ad blockers -- namely Adblock Plus -- to get on a "whitelist" that ensures ads will reach consumers, NAA said. It wants the commission to look at Germany-based Eyeo, which operates Adblock Plus. The association also alleged other unfair and deceptive practices. Its complaint said ad blockers "mislead consumers into believing that publishers have consented to the substitution of their own advertising for new ads sold by ad-blocking companies." NAA said subscription services, which claim to offset publisher harm, don't give any evidence to support that claim, and ad blockers that allow users to "evade metered subscription services and paywalls" are engaging in unfair competition. "Newspapers recognize that ad blocking technology is responding to a consumer demand, and publishers are working diligently to improve the ad experience for consumers," NAA CEO David Chavern said in the release. "The deceptive activities of these ad blockers undercut publishers' ability to innovate and respond to customer demands, and preempt publishers' efforts to communicate with consumers about the importance of advertising or alternative mechanisms for supporting high-quality journalism content." Eyeo and the FTC didn't comment.
The FCC released a report and order and Further NPRM on outage reporting, approved by the commission Wednesday (see 1605250061). “We seek to ensure that the Commission’s outage reporting system keeps pace with technological change and the impact of evolving consumer preferences,” the FCC said in the document. “These specific amendments stem from our experience with outage reporting over the past twelve years, and will enhance the information we receive on outages relating to legacy communications networks.”
While taking FCC Commissioner Mignon Clyburn on a tour of Boeing's North Charleston, South Carolina, plant, company officials also talked up co-primary spectrum sharing in the 37.5-40 GHz band between very high data rate satellite communications systems and the proposed upper microwave flexible use (UMFU) service, the company said in an ex parte filing Thursday in docket 14-177. According to Boeing, its executives told Clyburn that designating 37.5-40 GHz solely for UMFU without nationwide spectrum sharing, including in urban areas, with co-primary, receive-only satellite user terminal operations, "would be exceedingly inefficient," since satellite communications in the band can provide universal coverage while UMFU proponents "have acknowledged that UMFU systems may never provide service to consumers outside of dense urban areas." Boeing executives also told Clyburn there's a need for more unlicensed spectrum in the 64-71 GHz band for advanced manufacturing and for use of the 67-71 GHz band for unlicensed in-flight services. Boeing officials on the tour included Audrey Allison, senior director-frequency management services, and General Manager Beverly Wyse of Boeing South Carolina.
AT&T Mobility and Consumer Operations CEO Glenn Lurie was at the FCC to discuss ISP privacy and other issues, said a filing in docket 16-106 and other dockets. The filing doesn’t elaborate on what Lurie said. It said he also discussed high-frequency spectrum, special access and multichannel video programming rules. Lurie met with Commissioners Mike O’Rielly, Ajit Pai and Jessica Rosenworcel. “The discussions during each of these meetings were consistent with AT&T’s comments and other filings in these proceedings,” AT&T said.
FCC Chairman Tom Wheeler said Wednesday he has seen a Tuesday filing asking the agency to seek comment on zero-rating rules (see 1605240063). “The inquiry continues,” Wheeler said during the news conference after the commissioner meeting. “I’m aware of the recent filing. I think we will continue apace.” Wheeler said what the FCC might do is tied to the appeal of the net neutrality order, still before the U.S. Court of Appeals for the D.C. Circuit. “Hopefully, we are moments away from the court’s decision,” he said.
Chairman Tom Wheeler said the FCC can't set deadlines for executive branch agencies conducting reviews of international deals that need commission approval, as sought by various industry parties (see 1605240048). Asked at a post-meeting news conference Wednesday about the possibility of such deadlines, Wheeler acknowledged complaints that "Team Telecom" reviews take too long, but, according to an FCC transcript, he said "they are something that happens outside of our hands with the national security apparatus." Noting a recent NTIA letter wanting more information upfront from certain FCC applicants, Wheeler said the FCC would work to get information quickly to Team Telecom. "After Team Telecom, we normally act -- bam -- like that. But we'll try, and what can we do here to give Team Telecom the tools so that they can move faster but that's something that happens elsewhere." Pressed on the deadline issue, Wheeler responded, "We're the ones that went to Team Telecom to say, 'Hey guys, can we do more about this?' We can't set deadlines for other agencies." Commissioner Mike O'Rielly disagreed "a little bit" with Wheeler's deference to other agencies: "We're not obligated by statute to give them such latitude. We do have the right to impose deadlines as we see fit. So I'm hopeful we'll have some kind of process to address some of those concerns ... and not just the timelines but the opaqueness" of the reviews. Parties sometimes don't know what's happening on reviews or who they should call to find out, he said.
Facebook didn't find any evidence of alleged bias against conservative political viewpoints in the website's trending news stories feature, but it said it "could not fully exclude the possibility of isolated improper actions or unintentional bias in the implementation of our guidelines and polices," Colin Stretch, the company's general counsel, said in a Monday blog post. A recent Gizmodo story kicked off the controversy against Facebook that also prompted Senate Commerce Chairman John Thune, R-S.D., to send a letter to the company inquiring about its practices (see 1605100032). But Thune faced some backlash from media and First Amendment experts, who said that government had no business getting involved (see 1605110048 and 1605190029). Thune, who met with Stretch a week ago, released the 12-page response from Facebook Monday and told reporters on Tuesday that he saw a "good outcome" from his inquiry. “I thought Facebook was very straightforward with their response,” Thune told reporters. “They took it seriously. They’ve adopted some changes in their procedures. Our whole issue was to make sure the way that their description of what they were doing actually matched what they were doing. And I think what this revealed was, there were some issues that they needed to address, and I think they’ve made some modifications. We’re happy with the way it came out. I think it gave greater clarity to consumers and created more transparency for Facebook and I think they made some corrective changes.” Thune didn't foreclose possible further assessment: "We’re open to more information if somebody came forward with it." But he has said that he saw no reason for regulatory action against Facebook (see 1605170068). In his post, Stretch said his company is making several changes to the "Trending Topics" feature, including refresher training for reviewers, more controls and oversight of the review team and clearer terms in its guidelines (see 1605120058).
Telcordia disputed criticism of its proposed master services agreement (MSA) -- to be local number portability administrator -- from the LNP Alliance and New America's Open Technology Institute (OTI) in a letter (see 1605180046). "The letter does not raise any justification for disapproving the MSA," Telcordia said in a filing posted Tuesday in docket 09-109. "In its March 2015 Selection Order, the Commission made clear that the purpose of reviewing the MSA was to determine whether it complies with the neutrality and security requirements of the Selection Order. The LNP Alliance fails to raise any substantial concerns with either. Nor could it: on both neutrality and security, the MSA fully complies with the terms of the Selection Order -- and its provisions on neutrality and security are significantly more stringent than the existing MSA between [North American Portability Management] and the incumbent. In short, the MSA negotiated between Telcordia and NAPM is stronger and more protective in all respects -- on neutrality, security, price, and performance -- than the current agreement with Neustar."
The government has an interest in fostering freedom of expression that, separate from market power questions, can and does help guide its regulatory and legal decisions, FCC General Counsel Jonathan Sallet said at a Media Institute lunch Tuesday. Saying he was giving his personal views and wasn't addressing pending FCC issues, Sallet cited numerous court decisions he said bolstered his point, with one noneconomic argument in the Supreme Court's 1997 Turner vs. FCC (II) decision. The FCC net neutrality NPRM asked questions about the effect a non-open Internet would have on free expression, Sallet said. He also noted how in the last broadcast ownership quadrennial review, the FCC kept some ownership restrictions to help foster media ownership diversity, and that in transaction reviews, the agency tries to promote competition more broadly than -- though informed by -- the antitrust analysis. He said the free flow and exchange of ideas that come with free expression is akin to the free flow of ideas in the scientific method, and it's no coincidence the Age of Enlightenment, the American Revolution and Adam Smith all followed the creation of the scientific method. Sallet took no questions. He more than once referred to the pending U.S. Court of Appeals for the D.C. Circuit decision on the net neutrality order. In the event of a D.C. Circuit decision Tuesday, he said to laughs, "I had another speech prepared."