#FSFConf14: Agency Sharing of Information is Essential for Broadband Program Success

The Free State Foundation's Fourteenth Annual Policy Conference – #FSFConf14 – was held on May 6 in Washington D.C. The first conference panel featured current FCC Commissioners Brendan Carr and Nathan Simington as well as former FCC Commissioner Mignon Clyburn. Among several topics discussed was monumental challenge facing NTIA as well as other federal and state agencies, in coordinating on the implementation massive broadband subsidy programs such as the Broadband Equity, Access, and Deployment Program ("BEAD Program").

During the panel's conversation, Former Commissioner Clyburn emphasized "sharing of information" as being essential for implementing subsidy programs for expanding broadband Internet to unserved and underserved areas, promoting adoption, and other broadband-related purposes. She emphasized the need for the agencies to ensure that efficiencies are being realized: "One way we realize that is information being shared in a workable sort of clearinghouse manner, where all of it is on the table... That helps deployment, that helps with efficiency, that helps with ensuring that these programs are as waste fraud and abuse free as possible."

A few days after #FSFConf14, several federal agencies jointly announced the May 9 signing of a Memorandum of Understanding ("MOU") in order to "collaborate around the collection and reporting of certain data and metrics broadband derived from programs administered by the FCC, the programs administered by the Rural Utilities Services of the USDA, the programs administered by or coordinated through NTIA, and the Coronavirus Capital Projects Fund (CFP) and the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) administered by Treasury (Covered Data)."

 

Hopefully, NTIA and other agencies that are parties to the MOU will have a fruitful exchange of information to ensure that their respective broadband subsidy programs are effectively implemented to expand broadband access to unserved Americans and achieve other program goals. 

 

At #FSFConf14, former Commissioner Clyburn also offered insights on the beneficial uses of information sharing: "[t]he sharing of intelligence will make it easier to reduce intentional fraud and abuse." Also, "[u]sing and incorporating analytical tools will help mitigate risk and hold wrongdoers accountable" as well as for "[i]dentifying and excluding companies that have applied for multiple loans, or have applications other than in the same name, or are using the same IP address, and checking the banking history." From the beginning, as we are getting firmer grounding from all of these agencies, including the FCC, all of those things need to be in place and in front of mind. Everyone wants this to work."

 

(*Note: The #FSFConf14 quotes contained in this blog are based on an unofficial, edited transcription made by the author of this blog. The edits were made for purposes of readability but none of the meaning was changed in doing so.)

Less Than One Week Away! Carr, Simington and Clyburn Lead Off #FSFConf14 on May 6! Register Now!

BACK TOGETHER AGAIN, IN PERSON!

 

FCC COMMISSIONERS BRENDAN CARR AND NATHAN SIMINGTON AND FORMER ACTING FCC CHAIRMAN MIGNON CLYBURN KICK OFF FSF'S ANNUAL POLICY CONFERENCE

 

SEE THE ENTIRE OUTSTANDING SPEAKER LINEUP BELOW!

 

REGISTER NOW!

 

WHAT:  FSF's Fourteenth Annual Policy Conference

 

WHERE:  National Press Club, Washington, DC

 

WHEN:  May 6, 2022 – 9:00 AM - 2:00 PM

 

The Free State Foundation's Fourteenth Annual Policy Conference is on Friday, May 6, 2022, at the National Press Club in Washington, DC. This annual conference is widely acknowledged to be one of the nation's premier law and policy events.

 

The usual guarantee applies: A truly outstanding lineup of senior officials and prominent experts from the FCC, other government agencies, industry, and think tanks will discuss and debate the most important law and policy issues of the day. These issues include the most appropriate broadband deployment and adoption measures, universal service subsidy reform, Internet freedom and net neutrality regulations, the 5G rollout and spectrum management challenges, the changing video services market and regulatory environment, protecting competition, consumer protection, and free speech in the digital world, and more.

 

Confirmed speakers include:

• Meredith Baker – President and CEO, CTIA
• Robert Branson, President and CEO, MMTC
• Brendan Carr – Commissioner, Federal Communications Commission 
• Mignon Clyburn - Former Commissioner and Acting Chairwoman, Federal Communications Commission
• Russell Hanser - Director, Communications Policy Initiatives, NTIA
• Chris Lewis - President and CEO, Public Knowledge
• Maureen Ohlhausen – Former Acting Chairman and Commissioner, Federal Trade Commission
• Noah Phillips – Commissioner, Federal Trade Commission
• Michael Powell – President and CEO, NCTA
• Nathan Simington – Commissioner, Federal Communications Commission 
• Jonathan Spalter – President and CEO, USTelecom
• Bryan Tramont - Managing Partner, Wilkinson Barker Knauer 
• Christine Wilson – Commissioner, Federal Trade Commission

REGISTRATION IS COMPLIMENTARY, INCLUDING CONTINENTAL BREAKFAST AND LUNCH

 

BUT YOU MUST REGISTER TO ATTEND

REGISTER NOW HERE !

 

PROOF OF COVID VACCINATION, ALONG WITH PROPER PHOTO IDENTIFICATION, REQUIRED FOR ENTRY

 

Tweet: #FSFConf14

Ex-Commissioners Unite, Urge Second Circuit to Affirm Lower Court Decision Enjoining Enforcement of NY Broadband Price Control Law

Four recent members of the Federal Communications Commission, representing both sides of the political aisle, have filed with the Second Circuit Court of Appeals an Amicus Curiae brief in response to the state Attorney General's appeal of the lower court decision in New York State Telecommunications Association v. James.

In their submission, the ex-Commissioners urge the Second Circuit to affirm the U.S. District Court for the Eastern District of New York's conclusion that a New York state law prescribing the prices that broadband providers may charge low-income households constitutes an impermissible attempt to regulate interstate communications rates.

The Affordable Broadband Act (ABA) is a New York state statute that was passed in early 2021. It requires providers of high-speed Internet access operating in New York to make available to eligible low-income households service at specific speeds and, critically, prices: 25 megabits per second (Mbps) downstream for $15 per month and 200 Mbps downstream for $20 per month. It also mandates that broadband providers "make all commercially reasonable efforts to promote and advertise the availability of" these plans.

As Free State Foundation Director of Policy Studies and Senior Fellow Seth L. Cooper noted in "Court Halts New York Price Controls on Broadband Internet Services: California's Net Neutrality Law Should Suffer Similar Fate," a June 2021 Perspectives from FSF Scholars, the U.S. District Court for the Eastern District of New York earlier that month appropriately enjoined the state of New York from enforcing the ABA.

Specifically, the court held (1) that the ABA regulates rates; (2) that "rate regulation is a form of common carrier treatment"; and (3) that because the FCC has classified broadband as an "information service" rather than a "telecommunications service" (that is, a common carrier offering), the ABA "conflicts with the implied preemptive effort of both the FCC's 2018 [Restoring Internet Freedom Order] and the Communications Act."

For a detailed discussion of the conflict preemption issues raised by the ABA, please see Mr. Cooper's January 2022 Perspectives, "State-Level Price Controls on Broadband Conflict With Federal Policy: Court Should Affirm the Preemptive Force of the FCC's 2018 Order."

In their friend-of-the-court brief, Former FCC Chairman and Commissioner Ajit Pai, former Acting Chairwoman and Commissioner Mignon Clyburn, and Former Commissioners Jonathan Adelstein and Michael O'Rielly express their agreement with the district court's conclusion. In doing so, they focus on the big picture:

While much ink has been spilled debating whether broadband is an information service that is regulated under Title I of the Communications Act … or a telecommunications service that is regulated under Title II …, that question does not determine the proper resolution of this case. Whatever the answer, broadband remains an interstate communications service, and broadband rates may not be regulated by state governments.

A copy of their brief is available here.

Kudos to Commissioner Clyburn!

As regular readers know, I don't always -- or even mostly -- agree with FCC Commissioner Mignon Clyburn's positions. But I respect her good faith in arriving at those positions, and I've always been pleased to have Commissioner Clyburn participate at Free State Foundation conferences to explain and advocate her views.

But the point here is to commend Commissioner Clyburn for her statement this week, speaking before the FCC's Consumer Advisory Committee, that she would refuse to vote to ban or eliminate so-called "sponsored data" plans. She stated that they offer “an affordable way for people to stream and connect with content” and because they could inhibit valuable product differentiation.

According to the report in the October 14 TR Daily, Commissioner Clyburn said she favored the FCC taking "a case-by-case approach” on sponsored-data offerings.  She also said , correctly in my view, that such offerings “could be the way for the next creative content provider that can’t get on the legacy platforms to do so.”

I've expressed views similar to these for years now, perhaps going further than Commissioner Clyburn, in explaining why T-Mobile's, Sprint's, and AT&T's various "zero-rated" or "sponsored data" plans, and others like Facebook's Free Basics program, are popular and, more importantly, pro-consumer. And, as Commissioner Clyburn no doubt appreciates, these plans are especially appealing to low-income persons who otherwise might not be able to get -- or stay -- online.

So, kudos to Commissioner Clyburn for her statement that she would refuse to ban or vote to eliminate pro-consumer sponsored data plans.  

MMTC Program Honors FCC's Women

I attended today' s luncheon put on by the Minority Media and Telecommunications Council to honor women who have served as FCC commissioners and in other important positions at the agency. The event was scheduled initially back in March during Women's History Month, but due to a late season snowstorm scare it had to be rescheduled. 

I'm glad it was rescheduled – because it was a terrific, inspirational event. Congratulations to MMTC, and especially David Honig, Maurita Coley, Julia Johnson, Deborah Tate, and all the others who worked hard to put together the program. 

And congratulations to Mignon Clyburn and Jessica Rosenworcel, the current sitting FCC commissioners, whose own personal stories imbued the program with special meaning regarding the important role women have played – and, of course, continue to play – at the FCC and, more broadly, in developing communications policy. 

Even while not necessarily agreeing with every jot and tittle of MMTC's positions – and I'm sure MMTC doesn't always agree with every jot and tittle of FSF's positions either – I've always respected the organization's vigorous advocacy of the issues that are at the core of its mission. And I've long admired the leadership and dedication that David Honig, Julia Johnson, Debi Tate, and the other top officials bring to the task of guiding MMTC. 

Over the years, I have always enjoy attending MMTC's events, and I'm glad I didn't miss this memorable one. 

PS – I can't resist adding that I am proud that Debi Tate, in addition to her leadership role at MMTC, is a Distinguished Adjunct Senior Fellow at FSF. I'm proud as well that Donna Gregg, a former FCC bureau chief, and Michelle Connolly, a former FCC chief economist, both of whom are also affiliated with FSF, were both honorees.

Conference Video Now Available

If you weren't able to make it to the Free State Foundation's March 20 conference at the National Press Club, the video from the various conference sessions is now available. You may access the video here at the top of BlipTV's Free State Foundation page.

Enjoy!