Congressional Democrats have released their “Better Deal Broadband” plan that proposes to use $40 billion in federal funding to help make high-speed broadband Internet access services available to the 34 million Americans, including 23 million rural Americans, that do not have it. The plan is part of a larger “Better Deal” economic agenda put forth earlier this year by Democrats.
In his initial brief to the Supreme Court, Carpenter argues that law enforcement agents may not acquire CSLI records covering a “longer-term” period of time unless they first obtain a Fourth Amendment search warrant. Part three in the Carpenter series looks at why the mosaic theory of the Fourth Amendment is a central issue in the case.
The Federal Communications Commission has released a Notice of Inquiry to examine allowing wireless broadband services in spectrum bands between 3.7 and 24 GHz. Specifically, the FCC is seeking detailed comment on three sets of mid-band frequencies: 3.7 - 4.2 GHz; 5.925 - 6.425 GHz; and 6.425 - 7.125 GHz. Comments are due on or before October 2, 2017, and reply comments are due November 1, 2017.
The FCC has released a Notice of Inquiry requesting comment on whether broadband is being deployed to all Americans in a reasonable and timely fashion, in order to produce the 13th Broadband Progress Report. The Notice of Inquiry departs from previous FCC broadband assessments by, among other things, proposing to find the availability of advanced telecommunications capability requires access to either fixed or mobile services; proposing to set a 10/1 Mbps speed benchmark for mobile broadband services; and measuring annual broadband deployment by comparing deployment to census blocks in a present year to deployment in previous years. The 13th Broadband Progress Report will be the FCC’s first report issued under the Chairman Pai regime. Based on the views Chairman Pai expressed when he was a Commissioner, the 13th Report will likely overhaul the entire Section 706 process, and conclude that broadband is being deployed to all Americans in a reasonable and timely fashion.
Recent ex parte filings made by NTCA–The Rural Broadband Association and rural broadband providers show that the FCC’s fixed budget for the high-cost portion of the universal service fund is obstructing rural broadband deployment. It’s estimated that the high-cost budget will produce a support shortfall of $173 million over the next 12 months, which has already forced rural carriers to roll back deployment plans. NTCA claims the FCC is obligated to review the budget by the end of this year, which presumably will lead the FCC to conclude that the budget is insufficient to maintain and increase deployment of rural broadband networks. NTCA’s assertion is based on language in the Tenth Circuit’s decision upholding the 2011 USF/ICC Transformation Order. Is the FCC required to make a review or is this something that is merely within the discretion of the FCC?
In the 2016 Rate-of-Return Reform Order, the Federal Communications Commission imposed a strict budget control mechanism over the $2 billion rate-of-return portion of the total $4.5 billion universal service high-cost fund. However, the fixed USF budget will result in a shortfall of support estimated at $173 million over the next 12 months. A recent survey conducted by NTCA—The Rural Broadband Association shows that rural broadband providers have already decided to roll back network investment over the next 12 months because of reduced USF support.
One of the most important Fourth Amendment cases in years is being considered by the Supreme Court during its October 2017 term. The case, Carpenter v. United States, concerns whether historical cell site location information should be protected under the Fourth Amendment, requiring law enforcement to first obtain a search warrant before requiring wireless service providers to hand over CSLI related to a subscriber.
The Petitioner’s initial brief in Carpenter v. U.S. has been filed with the Supreme Court. The appeal presents the following question for the Court: Whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment.
Representative Austin Scott (R-GA) has introduced the Stop Taxpayer Funded Cell Phones Act of 2017 (H.R. 3546). The bill, if passed, would prohibit all mobile wireless providers from receiving universal service fund support from the Lifeline program beginning in 2018. Representative Scott’s bill also contains a provision requiring 2018 universal service fund contributions to be collected as if wireless providers will receive the same amount of Lifeline support received in 2017. It then directs this excess funding to be deposited in the general fund of the U.S. Treasury for the sole purpose of deficit reduction. The bill has been referred to the House Energy and Commerce Committee. Representative Scott has introduced similar versions of the bill in the last two congresses.
Senators Mike Lee (R-UT) and Patrick Leahy (D-VT), along with six other co-sponsors have introduced the Email Privacy Act of 2017, which would amend the Electronic Communications Privacy Act by requiring law enforcement agents to obtain a warrant before acquiring the content of electronic messages.
