Wireless ISPs peak-hours traffic rose 36% on average, and 83% of the companies added subscribers amid COVID-19, the Wireless ISP Association found. The survey released Friday had 150 responses. The survey found 22% are hiring staff to meet the growth and “87% have the equipment to manage new subscribers, yet some are concerned about eventual equipment shortfalls," WISPA said.
Policymakers should focus on preserving privacy and liberty when addressing the COVID-19 pandemic, while remembering lessons from the 9/11 attacks, Privacy and Civil Liberties Oversight Board Chair Adam Klein and member Ed Felten wrote. The question isn’t whether new programs are needed, but how to implement them, they wrote Saturday for Politico. They noted the Centers for Disease Control and Prevention’s $500 million COVID-19 surveillance and data collection system, and the government’s analysis of cellphone geolocation data via service providers to track and predict the disease’s impact.
U.S. courts have used technology to maintain public access and continue their core operations even during the pandemic, but the Supreme Court "has been more vague," blogged R Street Resident Fellow-Governance Anthony Marcum. It's unknown how future oral arguments will be handled and made publicly available, he said Monday: If SCOTUS doesn't explore tech opportunities here, Congress might act on the 21st Century Courts Act. HR-6017 would create a code of conduct, mandating real-time oral argument livestreaming.
FCC Chairman Ajit Pai said Monday the agency will move as quickly as it can to allow outdoor use of the 6 GHz band by very low-power devices. Pai told incumbents the FCC has fully vetted their concerns, speaking on a webinar hosted by New America’s New Technology Institute and the Taxpayers Protection Alliance. Pai circulated the draft last week for a vote at the April 23 commissioners’ meeting (see 2004020066).
Streaming video providers are slowing down video transmissions to free up bandwidth when U.S. ISP networks are jammed, we heard this and last week. More content providers likely dialed back their HD video quality during the pandemic, said Streaming Video Alliance (SVA) Executive Director Jason Thibeault. An FCC official doesn't anticipate requesting streaming video operators throttle bit rates like Europe has (see 2003240032). For our past report about increasing demand on networks, see here.
The FCC rejected Free Press’ emergency petition for inquiry into broadcasters airing allegedly false information about COVID-19 (see 2004060026). FCC Republicans slammed the petition as an attack on free speech. “At best, the Petition rests on a fundamental misunderstanding of the Commission’s limited role in regulating broadcast journalism,” said a Monday letter from General Counsel Tom Johnson and Media Bureau Chief Michelle Carey. “At worst, the Petition is a brazen attempt to pressure broadcasters to squelch their coverage of a President that Free Press dislikes.”
Citing the need for MVPDs and fixed broadband providers to focus on pandemic issues, an FCC Media Bureau order Friday delayed implementation of Television Viewer Protection Act truth-in-billing implementation by six months until Dec. 20. TVPA, enacted as part of an FY 2020 federal appropriations law (see 1912190068), included modified language from the Truth-in-Billing, Remedies and User Empowerment over Fees (True Fees) Act (HR-1220/S-510). "Their foremost obligation at this time is to ensure continuity of service adequate to meet the nation’s needs," instead of changes to existing billing systems, employee training or other compliance measures, the Media Bureau said. ACA Connects, NCTA and USTelecom sought delayed implementation (see 2003270030). ACA said Friday even without the COVID-19 pandemic, the required software upgrades were challenging. NCTA cheered the extra time. Sen. Ed Markey, D-Mass., and Rep. Anna Eshoo, D-Calif., urged the FCC Friday to “vigorously enforce" the truth-in-billing language, which will require cable and satellite providers to begin disclosing all fees before consumers sign up for a service. It also requires providers to allow cancellations within 24 hours without penalty and to only charge subscribers for equipment “they actually use.” The FCC needs to confirm it “fully intends to enforce the new law,” Markey and Eshoo said in a letter to Chairman Ajit Pai. “We would also like to know what, if any, guidance the Commission intends to provide [MVPDs] about compliance.” The agency didn’t comment.
Radio revenue should "recover quickly," boosting mergers and acquisitions in that sector, S&P's Kagan analyst Volker Moerbitz forecast. Q1 M&A in broadcasting was "largely unaffected by the current crises caused by the COVID-19 pandemic," analyst Volker Moerbitz noted Friday. "In light of current events, Kagan expects a steep decline for the broadcast deal market, but also a steep recovery after the resolution." Q1 broadcast M&A was $2.64 billion, 94% attributable to Univision's buyout, Kagan said Friday: Also that quarter, Tegna got "several offers for all of its 66 TV stations." That could be a "harbinger" of "a first large deal announcement after the COVID-19 pandemic." Q1 had nine radio deals worth more than $1 million, "the fewest million-dollar radio deals" since Q2 1984. (As part of Communications Daily putting its coronavirus coverage in front of our pay wall, you can read a news bulletin about Tegna's M&A announcement here.)
Congress might want to consider making the Copyright Act's fair use provision easier to employ given the copyright issues that emerge with increased livestreaming of distance learning and remote worship services during the pandemic, the Congressional Research Service said Friday. Lawmakers could put the burden of proof on the copyright owner or add or amend the Section 110 exemption protections to include performances or displays over the internet, CRS said: Congress could maintain the legal status quo, with webcasters relying on the existing fair use defense and exemptions, because copyright holders might be reluctant to sue educational or religious institutions.
The Multicultural Media, Telecom and Internet Council asked the FCC to act on a proposal to open the 6 GHz band for sharing with Wi-Fi and other unlicensed use (see 2004020066). “The COVID-19 pandemic has shined a harsh light on the impact that disparity in access has on lower-income and minority groups who are on the wrong side of the digital divide,” the group said in a filing posted Friday in docket 18-295. “The perils of those on the wrong side of the digital divide can no longer be ignored.” The FCC is focused on protecting incumbents as it opens the band, Chairman Ajit Pai told Sen. Brian Schatz, D-Hawaii. “The Commission's technical experts in our Office of Engineering and Technology have spent considerable time reviewing the substantial record that has been compiled in this proceeding and meeting with interested stakeholders,” Pai said in a letter posted Friday. Commissioners vote April 23 on opening the band to Wi-Fi. Tech companies reported on calls with aides to the commissioners, except Pai. Apple, Broadcom, Cisco, Google, Hewlett Packard Enterprise and Microsoft discussed “the importance of authorizing unlicensed use … for standard-power, low-power indoor, and very-low-power devices, at power levels that will successfully enable key use cases and applications.”