The FCC raised to 25 Mbps download and 3 Mbps upload the standard for determining whether broadband is being sufficiently deployed around the country Thursday, over objections of Republican commissioners and ISPs. The 3-2 vote had been expected (see 1501280056). The commission accepted the conclusion in the agency’s broadband progress report that, under the new standard, broadband is not being deployed in a reasonable or timely fashion. That finding requires the agency to take “immediate” steps to improve deployment under the Telecommunications Act's Section 706. A separate party-line 3-2 vote approved a notice of inquiry seeking ideas on how to improve broadband deployment.

Questions on telecom and tech policy were raised at the confirmation hearing of Loretta Lynch, nominee to be U.S. attorney general, Wednesday. Senate Judiciary Committee ranking member Patrick Leahy, D-Vt., and Sen. Dianne Feinstein, D-Calif., pressed Lynch about the parts of surveillance law set to expire June 1. Leahy called the next A.G. an “essential” part of his quest to overhaul surveillance law, as in his bill from the last Congress known as the USA Freedom Act. Intelligence Committee ranking member Feinstein asked Lynch to talk about the importance of the expiring provisions. Sen. Orrin Hatch, R-Utah, cited the Electronic Communications Privacy Act and said he intends to reintroduce the Law Enforcement Access to Data Stored Abroad (Leads) Act. Lynch committed to working with Hatch on this “important” legislation and called electronic privacy “central” in an era of changing technology. Lynch also touted her cybersecurity goals, in an opening statement. “If confirmed, I intend to expand and enhance our capabilities in order to effectively prevent ever-evolving attacks in cyberspace, expose wrongdoers, and bring perpetrators to justice,” said Lynch, now the U.S. attorney for the Eastern District of New York. “In my current position, I am proud to lead an office that has significant experience prosecuting complex, international cybercrime, including high-tech intrusions at key financial and public sector institutions. If I am confirmed, I will continue to use the combined skills and experience of our law enforcement partners, the Department’s Criminal and National Security Divisions, and the United States Attorney community to defeat and to hold accountable those who would imperil the safety and security of our citizens through cybercrime.”

Broadcasters would benefit if the FCC delays the TV incentive auction, Matthew Berry, chief of staff to FCC Commissioner Ajit Pai, said Wednesday at a conference sponsored by the American Enterprise Institute’s Center for Internet, Communications, and Technology Policy. “It’s simple,” Berry said. “If broadcasters want to receive top dollar for their spectrum they’re going to need wireless carriers to come to the auction with as much money as possible.” That means giving carriers enough time between the AWS-3 auction and the incentive auction to raise capital, he said. More time also will give the FCC time to change its proposed rules on dynamic reserve pricing and in other areas that will mean more compensation for spectrum sold in the auction, he said. Berry also said it's not too late for the FCC to simplify rules for the auction. “There are no mulligans,” he said. “The law passed by Congress gives us one chance to get this right.” Berry said even without process reform, the FCC could operate much more smoothly than it does today. Berry cited complaints by his boss on the sharp partisan split at the agency (see 1501210046). “Reaching consensus in an unanimous vote on contentious issues is hard, hard work,” he said. “But you can do it.” The politicization of the FCC raises major questions about the agency's legitimacy, said Gus Hurwitz, a professor at the Nebraska College of Law, who also spoke at the conference. “This is an expert agency -- we have it for its expertise,” he said. “It’s not acting as an expert agency.”

Questions on telecom and tech policy were raised at the confirmation hearing of Loretta Lynch, nominee to be U.S. attorney general, Wednesday. Senate Judiciary Committee ranking member Patrick Leahy, D-Vt., and Sen. Dianne Feinstein, D-Calif., pressed Lynch about the parts of surveillance law set to expire June 1. Leahy called the next A.G. an “essential” part of his quest to overhaul surveillance law, as in his bill from the last Congress known as the USA Freedom Act. Intelligence Committee ranking member Feinstein asked Lynch to talk about the importance of the expiring provisions. Sen. Orrin Hatch, R-Utah, cited the Electronic Communications Privacy Act and said he intends to reintroduce the Law Enforcement Access to Data Stored Abroad (Leads) Act. Lynch committed to working with Hatch on this “important” legislation and called electronic privacy “central” in an era of changing technology. Lynch also touted her cybersecurity goals, in an opening statement. “If confirmed, I intend to expand and enhance our capabilities in order to effectively prevent ever-evolving attacks in cyberspace, expose wrongdoers, and bring perpetrators to justice,” said Lynch, now the U.S. attorney for the Eastern District of New York. “In my current position, I am proud to lead an office that has significant experience prosecuting complex, international cybercrime, including high-tech intrusions at key financial and public sector institutions. If I am confirmed, I will continue to use the combined skills and experience of our law enforcement partners, the Department’s Criminal and National Security Divisions, and the United States Attorney community to defeat and to hold accountable those who would imperil the safety and security of our citizens through cybercrime.”

After years of debate, there’s now a consensus among inmate calling service providers that the FCC should adopt interstate and intrastate rate caps, wrote the attorney representing petitioners who had asked the commission in 2012 to take action on high calling prices. Parting ways with other advocates for prisoners, Deborah Golden, an attorney representing the petitioners -- who included the late Martha Wright (see 1501200054) -- wrote in reply comments that the commission should focus on setting rate caps and regulating ancillary fees instead of controversial commission payments from ICS providers to correctional facilities. Tuesday was the reply deadline in the Further NPRM (see 1410230026) on making interim interstate caps permanent, establishing intrastate caps, and taking action on ancillary fees and commission payments.

Expected FCC approval Thursday of a higher speed standard for broadband was portrayed by cable and telco ISPs as a power grab. But public interest groups were hailing the likely passage of the 25 Mbps download/3 Mbps upload standard as an attempt to more accurately reflect expectations around broadband speeds that could also push the cable industry to reach the 100 Mbps download speeds envisioned in the FCC National Broadband Plan. The vote, approving the higher standard along with the issuance of a notice of inquiry on how to promote broadband deployment, is widely expected to be along party lines.

Expected FCC approval Thursday of a higher speed standard for broadband was portrayed by cable and telco ISPs as a power grab. But public interest groups were hailing the likely passage of the 25 Mbps download/3 Mbps upload standard as an attempt to more accurately reflect expectations around broadband speeds that could also push the cable industry to reach the 100 Mbps download speeds envisioned in the FCC National Broadband Plan. The vote, approving the higher standard along with the issuance of a notice of inquiry on how to promote broadband deployment, is widely expected to be along party lines.

The FTC long-awaited Internet of Things report said companies must do more to protect consumers privacy and can do that without hurting innovation. It said Congress shouldn't enact IoT-specific privacy legislation, but called for a data breach law. The report drew a dissent from one Republican commissioner, a concurrence from the other and concerns about partisanship from congressional Republicans. Some industry groups raised concerns about the report, while privacy advocates had no reaction.

Senate Commerce Committee Chairman John Thune, R-S.D., told us he's open to advancing his net neutrality legislation without Democrats. But the real key is pulling in the still-elusive Democratic backing, he said. Some Democrats told us they’re receptive to the ongoing discussions and haven't ruled out true compromise legislation.

The FTC long-awaited Internet of Things report said companies must do more to protect consumers privacy and can do that without hurting innovation. It said Congress shouldn't enact IoT-specific privacy legislation, but called for a data breach law. The report drew a dissent from one Republican commissioner, a concurrence from the other and concerns about partisanship from congressional Republicans. Some industry groups raised concerns about the report, while privacy advocates had no reaction.