Study Proves The FCC’s Core Justification for Killing Net Neutrality Was False

By Karl Bode Sept 27, 2019 | Original Motherboard article here.

A new study — the largest to date — found that the FCC’s primary justification for repealing net neutrality was indisputably false.

For years, big ISPs and Trump FCC boss Ajit Pai have told anyone who’d listen that the FCC’s net neutrality rules, passed in 2015 and repealed last year in a flurry of controversy and alleged fraud, dramatically stifled broadband investment across the United States. Repeal the rules, Pai declared, and US broadband investment would explode.

Pai told Congress in a 2018 FCC Oversight Hearing:

“Under the heavy-handed regulations adopted by the prior Commission in 2015, network investment declined for two straight years, the first time that had happened outside of a recession in the broadband era . . . We now have a regulatory framework in place that is encouraging the private sector to make the investments necessary to bring better, faster, and cheaper broadband to more Americans.”

But a new study from George Washington University indicates that Pai’s claims were patently false. The study took a closer look at the earnings reports and SEC filings of 8,577 unique companies from Q1 2009 through Q3 2018 to conclude that the passage and repeal of the rules had no meaningful impact on broadband investment. Several hundred of these were telecom companies.

The researchers said:

“The results of the paper are clear and should be both unsurprising and uncontroversial. The key finding is there were no impacts on telecommunication industry investment from the net neutrality policy changes. Neither the 2010 or 2015 US net neutrality rule changes had any causal impact on telecommunications investment.”

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FCC Response to IRREGULATORS Legal Challenge: Let Them Eat Pie

Oct 3, 2019 NEWS: IRREGULATORS Podcasts: listen here and read about it here.

Oct 10, 2019 NEWS: 2019-1010-IRREGULATORS-v-FCC-Reply-Brief

By Bruce Kushnick, Sept 26, 2019 | Original Medium article here.


On September 12th, 2019, the FCC responded to the IRREGULATORS v FCC law suit filed with the Federal DC Court of Appeals. This case exposes one of the largest accounting scandals in American history and it impacts not only the price of almost all telecommunications services that you, your family, business and community use, but it details how the manipulation of the FCC’s accounting rules corrupted public policies.

Like that famous line, “Let them eat cake”, attributed to the infamous Marie Antoinette, (wife of King Louis XVI) which was supposedly uttered when she was told that there was hunger and no bread in France — the FCC’s rebuttal to our challenge is just as dismissive, claiming that every issue we brought up is ‘meritless’.

Here is what the FCC alleges about the IRREGULATORS brief:

  • “Petitioners’ Remaining Arguments Are Meritless”
  • “Petitioners Fail to Show a Concrete Injury Caused by the FCC’s Order”
  • “Petitioners make three additional arguments very briefly, but none have merit.”
  • “Costs to Consumers: first, [the IRREGULATORS] argue that maintaining the freeze harms consumers . . . in any case, it is without merit.”

Ironically, the FCC has never examined the impacts of their accounting rules on State-based Public Telecom Utility (SPTU) financials for the last 19 years. The FCC, therefore has no record of evidence upon which to rely. Instead of supplying any data or analysis to prove their points, the FCC has decided to double down and attack the IRREGULATORS’ right to file the case.

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The FCC is a Serial Loser in Federal Court

Judges say that the FCC would fail “intro statistics class”.

FCC repeal of media ownership limits ignored impact on women and minorities.

By Jon Brodkin, Sept 24, 2019 | Original Ars Technica article here.

FCC loses in court, judges say agency would fail “intro statistics class”

Federal judges yesterday issued a stinging rebuke to the Federal Communications Commission, saying the agency’s justification for eliminating media-ownership limits "would receive a failing grade in any introductory statistics class."

The FCC’s 2017 decision to eliminate newspaper/broadcast and television/radio cross-ownership rules could allow more media mergers. But the FCC order was vacated in a 2-1 vote by a panel of judges at the US Court of Appeals for the Third Circuit. Judges wrote that the FCC "did not adequately consider the effect its sweeping rule changes will have on ownership of broadcast media by women and racial minorities."

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Empowering Municipalities to Meet the 4G and 5G Land Grab Challenge

By Julian Gresser, September 20, 2019 | Original Take Back Your Power article here.
Gressner is California attorney & twice a Mitsubishi Visiting Professor at Harvard Law School


[Disclaimer: For informational and educational purposes; personal opinion of the author; not to be construed as legal advice.]

Many municipalities are capitulating in negotiations with wireless companies when they are threatened or sued for wishing to protect their citizens from the harms of 4G + 5G pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR). Mayors and city councils across this country are convinced they do not have a right to say “no” to the dense cell towers and antennas being erected in public rights-of-way.

What if in fact they have viable options? How can municipalities in the U.S. negotiate more effectively and level the playing field, taking optimal advantage of federal and state laws?

A favored tactic now being deployed by the FCC and industry promoters of 4G and 5G densification is establish false and invalid assumptions. This tactic engenders fear, desperation, despair, resignation, and, most tragically, loss of hope. It is designed to squander municipalities’ time and energy. The antidote for mayors, city councils, and citizens is to cultivate integrity and resilience, and bring their power, intelligence and wisdom to the table (learn more).

These negotiation turns on three controlling assumptions.

  1. The wireless industry and the FCC have a monopoly of legal authority, based on the Telecommunications Act of 1996 and reinforced by some state legislatures.

  2. The current wireless environment (3G-4G), as well as the emergent 5G, is safe.

  3. Mayors and council members are free of their own legal liabilities when acceding to the demands of the wireless companies and the FCC.

In fact, all three assumptions are highly questionable.

Continue reading “Empowering Municipalities to Meet the 4G and 5G Land Grab Challenge”

Wireless Opinions/Editorials in Nevada City, CA

By The Union Editorial Board and the Public, Sept 20, 2019 Board | Original The Union editorial here and the response here.
. . . about Close Proximity Microwave Radiation Antenna (CPMRA) Wireless Telecommunications Facilities (WTFs) as close as 15 to 50 feet from homes.

An Opinion from The Union Editorial Board
A Response from the Public
5G technology will come to Nevada County and we should embrace it. — Some folks in Nevada County have their wires crossed about 5G technology. Fifth-generation cellular wireless, or 5G, promises to bring us a faster connection to the internet. That means quicker downloads, greater efficiency in our communications and, perhaps the crowd winner, self-driving vehicles. High speed broadband technology will come to Nevada County and we should embrace it in the most respectful, democratic and technology-neutral way. Differences of opinion in a democracy are to be expected and tolerated, but there are some issues in which we have achieved broad consensus: ideas such as those in Article I, Section 1 of the CA Constitution: "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."
The technology also is the latest boogeyman for some Nevada County residents. It takes its place beside cell towers and radio frequency — which critics say not only hurt people, but also plants and trees. Technology enabling telecommunications services (calls and texts) and information services (internet, gaming and streaming music/video) is just one aspect of our multifaceted lives — lives in which most of us profess to care about the well-being of people, plants, trees, animals, insects, birds and bees.
The Nevada City Council last week took its latest step toward passing a wireless ordinance that proposes to regulate (or not) the construction of Wireless Telecommunications Facilities (WTFs) throughout our town. What do we know? WTFs pump out 24/7 pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) using radio-frequencies that are packed with data (via modulation) to support a variety Wireless Technology Generations (or G’s) whether the G starts with a 3, 4 or 5. We should be happy with the current wireless ordinance if the ordinance preserves the unique values of Nevada City and its residents. So . . . does it? The Nevada City Council last week took its latest step toward passing a wireless ordinance that proposes to regulate (or not) the construction of Wireless Telecommunications Facilities (WTFs) throughout our town. What do we know? WTFs pump out pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) using radio-frequencies packed with data (via modulation) that support a variety Wireless Technology Generations (or G’s) whether the G starts with a 3, 4 or 5. We should be happy with the current wireless ordinance if the ordinance preserves the unique values of Nevada City and its residents. So . . . does it?
Instead the council moved forward with the ordinance. A second reading and vote are needed before it becomes law. This should go without saying, but these governmental machinations are little more than sparks from a faulty wire. The good news is that democracy is not a spectator sport. We can either actively participate in it or lose it. So now, we have an opportunity to consider the best information available to make sound decisions that preserve the unique values of Nevada City and its residents.
Many people despise 5G. They think it’s terrible, will injure them and, in Senum’s words, lead to “extinction.” Here’s a problem these folks face: 5G is coming, regardless of their beliefs. Candle makers no doubt were angry over gas-powered lamps. Pony Express riders must have hung their heads in sadness when the telegraph came through. And it’s certain typewriter companies grew glum over the creation of the first personal computer. The very first questions for us to answer are these: "What do we like most about Nevada City? How is Nevada City different from Sacramento, San Francisco or San Jose? How much do we value consumer choice and diversity? Do we want our air, food and water free from manmade contaminants and pollutants? Do we want to reduce our collective carbon footprint? Do we value convenience over safety? Do we value local control over being told what to do by our State and Federal governments? Would we give up local control, if we had the choice?"
Progress has a way of happening despite our best efforts to stop it. In the Nevada City Council’s case, the federal government is working against them. The Federal Communications Commission restricts the power of local governments when it comes to regulating tech like 5G. For one, an attempt to “materially inhibit” its development is considered “effective prohibition” and not allowed. These are the questions that Nevada City residents have the chance to answer right now. Please write down your answers — on paper (or typed into your phone) — and bring them to the next City Council meeting on Wed Sept 25 at 6:30 pm at 317 Broad Street and tell us during Public Comment. The City Council lists some of its core values on its web page: embracing and promoting diversity, ethical and transparent behavior, preserving and enhancing our community, a commitment to our community as a whole are just a few of those.
*Let’s not pull any punches: prohibition is exactly what 5G opponents want. That won’t happen, and it’s going to make some people angry. Those folks can stay angry, or they can examine the science. The U.S. Food and Drug Administration in November issued a statement about radio frequency. This agency sets standards for radiation exposure limits. Once we understand what we value about our lives in Nevada City, we can apply this understanding to change the current wireless ordinance in ways that better reflect the unique values of Nevada City and preserves our small town charm and the residential character of our neighborhoods — while still providing fast wired internet service (for gaming and streaming music/video) and just enough wireless service to enable telecommunications (calls and texts).
“Based on our ongoing evaluation of this issue, the totality of the available scientific evidence continues to not support adverse health effects in humans caused by exposures at or under the current radiofrequency energy exposure limits,” the document states. “We believe the existing safety limits for cell phones remain acceptable for protecting the public health.” Our decision rests, at least in part, in being open to what the most recent peer-reviewed science (independent of Wireless industry funding) says about the negative health consequences from RF-EMR exposures that are at levels 0.5% to 5% (or lower) of the Federal RF-EMR exposure maximum public exposure guidelines. The negative health consequences from such RF-EMR exposures are DNA damage, lowered male and female fertility, sleep disturbances, diabetes, cardiomyopathy, neurological problems, dementia and even cancer (both brain and heart) to mention a few.
The Federal Communications Commission states: “There is no scientific evidence to date that proves that wireless phone usage can lead to cancer or a variety of other health effects, including headaches, dizziness or memory loss.” Our decision also rests on recognizing that in April of this year, the CA Supreme Court reminded cities that they have the local police power to regulate the public rights-of-way to preserve the quiet enjoyment of streets (and common areas, such as parks). Specifically the court said "travel is not the sole use of public roads; other uses may be incommoded beyond the obstruction of travel, including if telecommunications equipment (such as a Wireless Telecommunications Facility) ’causes negative health consequences’, or ‘creates safety concerns.’"
We’re not arguing the science is settled on this. Studies will continue to occur, and if we get better data then we should act on it. But to throw down the gauntlet at this stage, when the evidence points to this technology being safe, is foolish. It won’t just hurt businesses and economic development, it will endanger public safety. In whose hands do you wish to place your well-being: the FCC, the most corrupt, captured-by-industry Federal Agency (the FDA is not far behind), or independent scientists and well-informed medical professionals? There is no need to throw down any gauntlets. We can. instead learn from forward-looking cities in California who have already done their homework and change our wireless ordiance to be close to theirs: we can learn from Mill Valley, Monterey, Fairfax and Petaluma.
We need faster communication, especially during fire season. We need business development, not an attitude that should have been discarded with the Luddites. Business will flock to where 5G technology is available. If Nevada City, or any jurisdiction, opts against it, businesses and jobs will go elsewhere. No one should actively strive for that outcome. We can have faster internet and communications while preserving the core values of Nevada City by restricting any new wrireless telecommunciations facilties to industrial, commercial and mixed use zones, and regulating both the minimum antenna heights (the higher the better) and the maximum power output (the lower the better) from WTFs to preserve the quiet enjoyment of our streets: which are all valid aesthetic considerations.
People always fear change. Whether it’s a new shopping center in South County or a dispensary in Nevada City, change will happen. And, for the most part, people get used to it once it does. Sometimes we even grow to like the change and eventually support it. You shouldn’t need a 5G network to tell you that. There is no need to fear change or ban any particular technology, if we thoughtfully exercise our city’s local police powers to balance the desires of “Team Big Wireless/Federal /State Govt.” with the core values of our team, Nevada City and its residents. Please come to the City Council meeting on Wed Sept 25 and participate in our democracy so we don’t lose it.

The weekly Our View editorial represents the consensus opinion of The Union Editorial Board, a group of editors and writers from The Union, as well as informed community members. Contact the board at EditBoard@TheUnion.com.

FCC Seeks Comments on Recent CTIA and WIA Petitions

From 9/13/19 Public Notice: https://docs.fcc.gov/public/attachments/DA-19-913A1.pdf

  • Petition for Rulemaking filed by the Wireless Infrastructure Association (WIA), a Petition for Declaratory Ruling filed by WIA, and a Petition for Declaratory Ruling filed by CTIA.

  • CTIA’s Petition for Declaratory Ruling similarly seeks clarification of rules relating to Section 6409 and also requests clarifications of rules implementing Section 224 of the Communications Act

  • Interested parties may file comments on or before the date indicated on the first page of this document. All filings must refer to RM-11849 and WT Docket No. 19-250, and if addressing issues relating to section 224, WC Docket 17-84.7 Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS).

  1. Link to Wireless Infrastructure Association (WIA) Petition for Rulemaking (filed Aug. 27, 2019)
  2. Link to WIA Petition for Declaratory Ruling (filed Aug. 27, 2019)
  3. Link to CTIA Petition for Declaratory Ruling (filed September 6, 2019).

See also

  1. Link to 9/13/19 letter from Telecom Law firm to cities, seeking to form a coalition to oppose the Petitions.
  2. Link to 9/19/19 response from the National Association of Telecommunications Officers and Advisors (“NATOA”), the National League of Cities (“NLC”), the National Association of Counties (“NACo”), the United States Conference of Mayors (“USCM”) and the National Association of Regional Councils (“NARC”) (“Local Governments”) resonse, urging the FCC to reject the Declaratory Ruling and Third Report and Order (“Order”), to be considered at the September 26, 2018 meeting.

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Half of US Homes Will Still Lack Fiber Broadband by 2025

By Jon Brodkin, Sept 18, 2019 | Original Ars Technica article here.

A cool $70 billion could help get the US to 90% fiber coverage, study says . . .

. . . but all $70 billion could be recovered by

  1. Correcting the misallocation of intrastate broadband construction funds that were illegally diverted by America’s largest Independent Local Exchange Carriers (ILECs) to their private wireless subsidiaries

  2. Ensuring that such violations of the 1996 Telecommunications Act (1996-TCA) Section 254(k) can never happen again

  3. This 2019 lawsuitIrregulators et al. v FCC — could settle the entire matter and close the Digital Divide. Learn more here.

Giving an assist to the Irregulators v FCC Law Suit could pay real dividends for member of the Fiber Broadband Association and to all Americans living in areas without fiber optic broadband options.

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Broadband Redlining

By Doug Dawson, Sept 18, 2019 | Original Pots and Pans article here.

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The National Digital Inclusion Alliance (NDIA) recently asked the FCC to investigate the practice of digital redlining, where big ISPs only bring the best technology to more affluent neighborhoods while ignoring poor ones.

The NDIA has statistics to back up it’s claims. They used the FCC’s data in 2017 to look in detail at how AT&T had deployed DSL in Cleveland. Years ago, AT&T deployed the first generation of DSL almost everywhere in the market. However, the company became far more selective in where they upgraded to faster DSL.

NDIA mapped where AT&T had deployed VDSL and later DSL technologies in Cleveland and found that the company had deployed faster DSL mostly in affluent neighborhoods and in the suburbs while leaving older downtown neighborhoods with the older DSL.

  • VDSL offers speeds of at least 18 Mbps, up to nearly 50 Mbps when deployed using two copper pairs.
  • NDIA found that the 55% of the census blocks in downtown Cleveland still had DSL speeds of 6 Mbps or less
  • NDIA found that 22% had speeds below 3 Mbps,
  • NDIA found that the rest was as slow as 768 Kbps.

It’s likely that AT&T marketed all versions of DSL the same, advertising ‘up-to’ speeds that described the fastest product in the market.

The AT&T deployment in Cleveland is not an isolated incident and the same is true in communities across the country. It’s not just AT&T that’s done this. Verizon deployed its fiber FiOS product in a similar manner and largely ignored northeast downtown in favor of serving suburbs. We also tend to think of cable company networks being deployed ubiquitously in cities, but there are pockets in every major city that don’t have cable broadband.

In the industry, this practice is generally referred as cherry-picking (aka redlining). It means deploying a new network in the places where the costs are lower or the expected penetration rates are higher — ignoring the parts of a market that don’t fit a desired financial profile.

Historically, the Big Telcos weren’t allowed to cherry-pick or redline. AT&T was still largely a regulated company when the first DSL was deployed. But the trend over time to deregulate telephone providers has led to laxer regulation, and obviously in Ohio and many other states the telcos were not required to build later generations of DSL everywhere.

One of the reasons we see so much cherry-picking is that many states have adopted statewide cable franchising. Cable franchises were historically negotiated in each community, and cities insisted that a cable provider build to the whole community as a condition for getting a franchise.

However, AT&T and other broadband companies lobbied hard for statewide franchising rules, using the storyline that they wanted to deploy fast DSL to bring cable service. The statewide franchises generally give a cable provide the ability to build anywhere in a state. The Telcos argued that the cost of negotiating with every community was killing innovation and deployment of faster broadband. What these companies really wanted was the ability to cherry-pick with no obligation to serve whole communities.

The practice of cherry-picking is still common today and most commercial fiber over-builders engage in it to some degree. Most over-builders have limited financial resources and they deploy fiber or other broadband technologies in those places where they get the best return for their investment. Many communities have seen fiber built to businesses and to new subdivisions while ignoring the rest of the town.

It’s hard to fault smaller fiber over-builders for maximizing the return on their fiber investment. On the flip side, there are few communities that don’t want fiber everywhere. However, most communities are realistic and know that if they always insist on getting fiber everywhere they might not get it anywhere.

Communities that really care about good broadband everywhere are the ones that are building fiber themselves or trying to attract a partner that will build the whole community. However, there are 26 states that hinder or prohibit communities from building broadband networks, and many other cities find the costs to build new networks to be prohibitive. The majority of communities must rely on the good behavior of the incumbents, and unfortunately they don’t always do the right thing.

Follow the Money to Solve the Digital Divide

By Bruce Kushnick, Sept. 16, 2019 | Original Medium article here.

Let’s fix the Digital Divide

First, the only way to fix the Digital Divide is to deal with the fact that America has paid multiple times for fiber optic deployments, upgrades of the state-based telecommunications utilities that are mainly controlled by AT&T, Verizon and Centurylink. Unfortunately, for the most part, the companies never delivered and this, in part, created the Digital Divide.

Second, at the core — IRREGULATORS v FCC is a new, current challenge to expose one of the largest accounting scandals in American history. We uncovered that the FCC’s accounting rules, either by design or happenstance, have been manipulated; they now put the majority of all wired expenses into the state utility’s local service, and this made the entire US wired state-based public utility infrastructure to appear unprofitable. At the same time, it has allowed the companies’ other lines of business, including wireless to be cross-subsidized — funded by charging local phone customers, and inflating the retail prices of almost all other services, including wireless, broadband and phone service.

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Imagining a 5G Future: Where Fantasy Does Not Meet Reality

By: Alison Main, Sept 15, 2019 | Original Green Med Info article here.

Is the next generation of wireless the last? While industry says 5G is the promised land, concerned citizens say it’s an impending global catastrophe. Spend two minutes on any Telecom industry website, and you’ll quickly discover (in blazing fast speed, if you’re lucky) that 5G is poised to save humanity from impending doom, while ushering us all into a symbiotic, utopian society.

Or so they’d like you to think.

Qualcomm, a global leader in technology innovation, claims that 5G, or fifth-generation wireless technology, "will elevate the mobile network to not only interconnect people, but also interconnect and control machines, objects, and devices." With promises of 100% faster data rates, 10-year battery life, and network latency reduced to 1-10ms, industry’s expansive vision of a 5G world is seamless, boundless, and sci-fi chic. This pristinely sleek interconnected matrix will purportedly power a burgeoning digital economy, integrate humanity and artificial intelligence, and ultimately, transform our lives for the greater good.

It’s amazing that the next generation of wireless technology could hold these magical keys to unlock universal bliss, collective prosperity, and world peace. 4G certainly didn’t promise such riches. I guess we’ve come a long way in a single "G."

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