public policy

Muni ISPs are as common a carrier as any other

15 May 2017 by Steve Blum
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Buried within a half million comments about common carrier regulation of broadband service, in the midst of a system crash brought about, or not, by a John Oliver rant, is a letter from 19 municipal (to one degree or another) Internet service providers supporting the Federal Communications Commission’s current effort to roll those rules back.

In what must have been an epic, nay, herculean, speed reading session, FCC chair Ajit Pai came across those comments and felt compelled to issue a press release trumpeting the blindingly obvious conclusion that, hey, these guys agree with me so they must be pretty smart.… More

NSA shares blame with criminals for massive ransomware attack

14 May 2017 by Steve Blum
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Cybercriminals successfully penetrated more than 200,000 computer systems in 150 countries in a continuing attack that began late last week. The initial assault was unwittingly blocked by a security blogger who triggered an off switch while trying to figure out what was going on. But that didn’t help systems that were already infected – it will can still spread from computer to computer within a network – and a new version, without the kill switch, is reported to be already out and running wild.… More

Did John Oliver take down the FCC, again?

13 May 2017 by Steve Blum
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After another classic net neutrality rant, John Oliver is getting credit in some quarters for inspiring a flood of online comments that brought the Federal Communications Commission’s website to a grinding halt. 150,000 comments were filed in the first 36 hours after the broadcast, three times the number over the same period three years ago when Oliver issued his first net neutrality call-to-arms.
It didn’t long for the FCC’s comment system to crash, or for the agency to claim it was someone else’s fault…

Beginning on Sunday night at midnight, our analysis reveals that the FCC was subject to multiple distributed denial-of-service attacks (DDos).

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Cheap and easy access to California streetlights queued up in Sacramento

12 May 2017 by Steve Blum
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It’s not the complete takeover of municipal property that mobile carriers originally wanted, but the latest published version of senate bill 649 would still require California cities and counties to allow on-demand access to street lights and other “vertical infrastructure” they own, often at a steep discount on the going market rate for leases…

A city or county shall not preclude the leasing or licensing of its vertical infrastructure located in public right-of-way or public utility easements…Vertical infrastructure shall be made available for the placement of small cells under fair and reasonable fees, terms, and conditions, which may include feasible design and collocation standards…Fees shall be tiered or flat and within a range of $100 to $850 per small cell per year, indexed for inflation…

A city or county shall not discriminate against the deployment of a small cell on property owned by the city or county and shall make space available on property not located in the public right-of-way under terms and conditions that are no less favorable than the terms and conditions under which the space is made available for comparable commercial projects or uses.

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CenturyLink takeover of Level 3 challenged in California

11 May 2017 by Steve Blum
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The proposed purchase of Level 3 by CenturyLink faces two formal protests in California. One comes from a coalition of consumer advocacy groups – TURN, the Greenlining Institute and the California Public Utilities Commission’s office of ratepayer advocates – and the other from the California Emerging Technology Fund. Both generally focus on the impact that rolling together two of California’s four major fiber companies would have on broadband availability, on both a wholesale and retail basis.… More

California broadband subsidy bill fertile ground for monopoly mushrooms

10 May 2017 by Steve Blum
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The attempt to redirect California’s broadband infrastructure subsidy program toward incumbent telephone and cable companies and away from independent, gigabit class projects and public housing communities is descending into Alice-in-Wonderland territory. The amended text of assembly bill 1665 is posted, and it begins with a stirring call to action for the greater good of California…

The availability of high-speed Internet access, referred to generically as “broadband” and including both wired and wireless technologies, is essential 21st century infrastructure for economic competitiveness and quality of life.

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CPUC, California lawmakers need to be as rational as a telecoms monopolist

8 May 2017 by Steve Blum
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Update: the CPUC delayed action on the Gigafy Phelan project, and rescheduled it for consideration at its 25 May 2107 meeting.

Frontier Communication’s request to the California Public Utilities Commission to squash a potential competitor is economically rational – it has a monopoly and wants to keep it – which is why it should be rejected. Utility regulators exist to moderate monopolist impulses, not turbocharge them. If the CPUC rejects a $29 million infrastructure grant request from Race Telecommunications for its Gigafy Phelan fiber to the premise project, it will be handing over effective broadband ownership of 8,000 San Bernardino County homes to Frontier, which in turn will redline 3,000 of them because they haven’t been blessed with federal subsidies.… More

Don't force us to subsidize wireless companies, cities ask FCC

7 May 2017 by Steve Blum
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The Federal Communication Commission’s move toward preempting local and state review of wireless infrastructure building plans and locations, and, potentially, their ability to control public right-of-ways and real estate they own, has produced a useful primer on the issues involved, as cities and counties see it. A coalition of more than 1,800 communities filed a joint response to a request from Mobilitie, a mobile infrastructure company, that asked the FCC to give it free rein to install tens of thousands of towers, which it tries to pass off as 120-foot steel utility poles, along public roads (h/t to Omar Masry at the City and County of San Francisco for the pointer).… More

Back door white house influence voids FCC decisions, says judge

5 May 2017 by Steve Blum
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Who’s controlling whom?

This week’s decision by the federal appeals court in Washington, DC to stand by an earlier ruling that okayed the Federal Communications Commission’s reclassification of broadband as a common carrier service contains an interesting warning to the Trump administration and current FCC chair Ajit Pai. Judge Janice Brown, who dissented and argued that the FCC order was illegal, lambasted off the record interference by the white house in regulatory processes…

If the means by which the President seeks to shape the agency’s deliberations transgress legal procedures designed to ensure public accountability — like notice-and-comment requirements and rules regarding ex parte communications — he undermines the accountability rationale for confining executive Power to the President…Acting with concern for public accountability seems especially salient when the President “and his White House staff” seek to exert influence over the direction of an ostensibly-independent agency…

This Order shows signs of a government having grown beyond the consent of the governed: the collapsing respect for Bicameralism and Presentment; the administrative state shoehorning major questions into long-extant statutory provisions without congressional authorization; a preference for rent-seeking over liberty.

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Fresno broadband subsidy proposal scores two major, welcome firsts

4 May 2017 by Steve Blum
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Update: the CPUC unanimously approved the grant for the CalNeva project in Coalinga and Huron at its 11 May 2017 meeting.

For the first time, a cable company is in line for a broadband construction subsidy from the California Advanced Services Fund (CASF). The California Public Utilities Commission is expected to decide whether or not to give CalNeva Broadband a $511,000 grant to upgrade former Comcast cable systems in Coalinga and Huron in Fresno County and provide broadband and television service to 5,500 homes.… More