David Sutphen has been co-chair of the Internet Innovation Alliance since October 2009. He has held significant leadership positions in Congress, the entertainment industry and trade associations.
Sutphen is currently a partner at Brunswick Group LLC, a strategic communications firm. Prior to joining Brunswick, David was the Senior Vice President of Government Relations at Viacom, the parent company of MTV Networks, BET Networks and Paramount Pictures. While at Viacom, he was a leading advisor to senior corporate and divisional executives on policy, political and CSR matters. He also served as co-chair of the Viacom Corporate Responsibility Council and as its representative on the Board of the Copyright Alliance. David joined Viacom from the Recording Industry Association of America (RIAA), where he was Senior Vice President of Government and Industry Relations and represented the major record labels before Congress, regulatory agencies and in the media.
Before the RIAA, David spent six years on Capitol Hill as General Counsel to Senator Ted Kennedy on the Senate Judiciary Committee, where he handled civil rights and telecom issues, and Chief of Staff to former Congressman Harold Ford. David began his career as an associate at Covington & Burling, following a clerkship on the U.S. Court of Appeals for the Third Circuit, and positions at the NAACP Legal Defense & Educational Fund and the Lawyers’ Committee for Civil Rights Under Law.
David is a graduate of Michigan Law School—where he was a member of the Editorial Board of Law School—and an honors graduate of Amherst College. He serves on the Board of Directors of The U.S. Soccer Foundation and LAYC, a Washington D.C.-based non-profit serving more than 4,000 at-risk youth.
David's Blog
Tuesday, August 31
Time for Congress to Step In
By David
Writing for the Daily Caller, Debra Berlyn, president of Consumer Policy Solutions and director of the Consumer Awareness Project, says it’s time for Congress to take the reigns of the net neutrality/Title II debate:
For the past year, a chorus of voices from every corner of the American landscape have expressed to the FCC that onerous regulation of broadband and the reclassification of broadband as a telephone service can result in unintended consequences that limit benefits for consumers. Congress has introduced a resolution to decide if the FCC even has the authority to have jurisdiction over the regulation of broadband. Non-profit and consumer voices have come forward to support this resolution.
As an advocate for consumers on this matter, I have listened to the voices of minority organizations, labor unions, disability rights advocates, women’s groups, senior advocacy groups, rural and farming voices, suppliers, manufacturers, thought leaders on health care and others. They’re all saying the same thing: a quick-fix regulation of broadband services by the FCC isn’t the best approach. Let Congress handle it.
Julius Genachowski, the FCC chair, has repeatedly said he wants to gain more regulatory control over the Internet as a way to preserve access for all users.
But if anything, his comments show a willingness to squelch market forces in favor of regulations that could hamper the evolution of what has been the greatest communications platform in modern times.
The FCC needs to keep its hands off the Internet until there is a demonstrated problem, and then take a light-touch approach to regulation.
Genachowski’s brand of net neutrality ignores two stark realities: The Internet is not free, and it does not have unlimited capacity.
Via Broadcasting & Cable, the Minority Media & Telecom Council has sent a letter to the FCC warning that outlawing “quality of service” agreements as part of net neutrality would have a profoundly negative effect on minority businesses:
“By preventing these voluntary agreements,” says MMTC, “the Commission would effectively insulate established Internet-based companies from competition and allow for the proliferation of two Internets - one that well-funded, incumbent companies can use, and another for all other businesses.”
Signatures on the letter included the National Association of Black County Officials and the National Black Caucus of State Legislatures, among others.
Yesterday was the 20th anniversary of the Americans with Disability Act, and to mark the occasion the House of Representatives passed the important 21st Century Communications and Video Accessibility Act, which will help make today’s technologies — from the Internet to mobile devices — more accessible to people with disabilities.
A similar version of the bill is currently making it through the Senate.
State of (and Statements About) Broadband Deployment
By David
Yesterday, the FCC released its latest report on broadband deployment. From Chairman Julius Genachowski’s statement about the report:
On Congress’s question of universality—whether all Americans are on track to being served—the best available data shows that between 14 and 24 million Americans live in areas where they cannot get broadband. These are mostly expensive-to-serve areas with low population density. Without substantial reforms to the agency’s universal service programs, these areas will continue to be unserved, denied access to the transformative power of broadband. So, taking account of the millions of Americans who, despite years of waiting, still have little prospect of getting broadband deployed to their homes, we must conclude that broadband is not being deployed to all Americans in a reasonable and timely fashion.
As is typical with the increasingly political FCC, reactions to the report’s findings split along party lines, with Commissioners Michael Copps and Mignon Clyburn — both strong supporters of stricter Internet regulations — siding with fellow Democrat Genachowski, while the Commission’s two Republican commissioners dissented. From Commissioner Robert McDowell’s statement:
Collecting granular data, including subscribership numbers, is important. But, subscribership data does not equate to the “availability” of broadband, which is what Congress requires the Commission to assess under Section 706. In many instances the Report confuses the facts by substituting the terms “deployment” and “subscribership” as if they were synonymous and interchangeable. They are not. “Deployment” and “subscribership” are two distinct concepts with different attributes and areas for improvement. Our task is to focus on Congress’ explicit directive to analyze deployment progress for purposes of the Section 706 Report. Today, however, the majority is sidelining the deployment figure of 95 percent in favor of a seemingly smaller subscribership number. It is only reasonable to question the rationale behind this confusing pivot.
From 2003 to 2009, under a consistent minimal regulatory framework, broadband providers have invested $27 billion annually in networks and infrastructure. Each year networks go further and faster. The National Broadband Plan found that 95 percent of the U.S. population has access to a 4 Mbps/1 Mbps terrestrial broadband service, and 80 percent have choice of broadband offerings. In every prior Section 706 Report, the Commission concluded that broadband deployment was timely and reasonable. In a striking departure from that decade of consistent Commission findings, the Commission has changed course by concluding that broadband deployment now is not reasonable and timely. I cannot support this decision. Broadband infrastructure deployment and investment are a remarkable and continuing success story, and I am troubled by giving such significant efforts a failing grade.”
Rafael A. Fantauzzi, President and CEO of the National Puerto Rican Coalition, highlights a recent study from the Pew Research Center that finds wireless broadband is helping close the digital divide among Hispanics and African Americans. While the study results are encouraging, Fantauzzi warns that:
[D]despite these gains, a significant number of our citizens still lack the ability to regularly access the Internet and we must remain focused on expanding access to those without it. The National Puerto Rican Coalition (NPRC) was an enthusiastic supporter of the National Broadband Plan and its objective of 100% broadband access. We encourage the FCC to follow through with the implementation of the Plan to get all Americans connected. Achieving universal broadband access should take priority over policies like the FCC’s recent “third way” proposal, which could inadvertently jeopardize the affordability and availability of broadband services. Let us hope that the FCC’s decision does not undermine the trend of increased broadband adoption in underserved communities.
The Hill has posted a letter from a group of minority organizations asking Congressional leaders to step in with broadband legislation rather than the FCC writing up regulations on its own:
[W[e are concerned that the Commission’s proposed regulations could be a distraction from efforts to implement the National Broadband Plan. By injecting uncertainty into the broadband market, we fear that proposed regulations could have detrimental effects on investment, innovation and job creation. As staff from the Commission has estimated that it will take up to $350 billion to deploy broadband nationally, those underserved by broadband cannot afford a decrease in future investments. Nor can American workers, who we must rely upon to build out broadband infrastructure across the country. The goal of closing the digital divide and creating jobs in our communities should be at the forefront of our broadband policy agenda at this time.
The full letter, including the names and organizations who have signed it, can be read at The Hill.
Today’s proposal to impose new and potentially sweeping regulations on broadband services under Title II of the Telecom Act represents an unnecessary and troubling distraction from the Obama Administration’s goal of universal broadband for all Americans. Such an unexpected sea change to established policy could deter new investment where it is needed most, potentially even exacerbating the persistent digital divide by pricing broadband beyond the reach of many low and moderate-income Americans.
A majority of Wall Street analysts have warned that the FCC’s regulatory changes will result in market uncertainty and undermine investment at a time when the FCC and the nation should instead be focused on creating jobs, closing the digital divide, and implementing the consensus components of the National Broadband Plan.
The Hill reports that Sen. John Kerry is holding a hearing next week for legislation that would improve accessibility for the hearing and sight impaired people with disabilities.* The Equal Access to 21st Century Communications Act is sponsored by Sen. Kerry and Senator Mark Pryor:
The bill — pitched as a technological addendum to the Americans With Disabilities Act — is the two Democrats’ attempt to address accessibility problems that have long made it difficult for disabled persons to use new-media and technology tools.
The first draft of the legislation, which Pryor introduced earlier this year, would mandate that all smartphones — including the iPhone and BlackBerry — are compatible with most hearing aids.
The bill would also require DVRs and mp3 players to support closed captioning, as most TVs already do, and would authorize new money for a fund to expand broadband service to low-income, disabled persons.
Last month, the FCC released a report (PDF) that found only 42% of people with disabilities have high-speed Internet at home.
(* Thanks to Jim in the comments for the correction.)
From the NAACP’s reply comment to the FCC regarding net neutrality:
Less investment could result in higher prices for consumers, which our community cannot afford, particularly in these economic circumstances. As 42 percent of African Americans say that they do not have broadband because of cost, higher broadband prices would only exacerbate the digital divide. Fortunately, in recognizing the importance of investment and innovation in the Plan, the Commission will help to make broadband more available and more affordable. Moving forward, we hope that the Commission will maintain this course.
We are not confident that the proposed regulations in the NPRM will help to achieve the goals of the National Broadband Plan. The NAACP Board unanimously approved a resolution that cautioned the FCC to “ensure that broadband regulations are supported by documentation that they will not depress adoption or increase costs to minority, multilingual, tribal and low income populations.” With this in mind, we joined a group of national civil rights organizations in filing comments to the FCC, asking what the consequences of such regulations would be for underserved communities. We have yet to receive any indication or evidence that such rules would help spur access, and therefore, we are apprehensive about their effects.
The Internet is the great equalizer and enabler in today’s global, digital economy – those not online have the most to lose. We are thrilled to see many months of collaboration between the public and private sectors come to bear in a historic National Broadband Plan.
We’ve come a long way in the development of high-speed Internet, and going forward, the people who can benefit most from broadband connectivity should be the focus of every discussion on Internet policy. The plan provides a great opportunity to extend the power of connectivity to all Americans, consistent with the President’s goals and vision.
Portada points to a new report from the U.S. Department of Commerce that shows for Hispanic Americans the digital divide is still in place, despite some recent gains:
43,08% of Hispanics use a broadband (39.74%) or dial up connection (2.98%) at home, while 49.31% uses the internet either at home or anywhere. The percentage of Hispanics who do not have Internet access lies at 50.69% in comparison with a 25.68% ratio for White Non Hispanic.
10 Reasons Why New Internet Regulations Impede Common Goals of Connecting All Americans and Closing Digital Divide
1. Considerable progress has been made in our first broadband decade – progress that has only been achieved because of the FCC’s longstanding, deregulatory approach to the Internet. In roughly ten years we have gone from practically zero broadband deployment to more than 95 percent availability and 63 percent adoption, according to the FCC and Pew.
2. The open Internet exists today. We have been living with ‘net neutrality’ since 2004, when it was established that companies cannot control the content and applications that people are able to access online.
3. The net neutrality debate, which only concerns those already online, is a distraction from creating an effective National Broadband Plan. The people who have the most to lose from this balancing act are the socially and economically disenfranchised – members of rural, low-income, urban, tribal, minority, non-English speaking, unserved and underserved populations.
4. The Commission’s recent request for an extension of time to deliver a National Broadband Plan underscores the need for the agency to devote more – not less – attention and resources to completing a national strategy.
5. Experts on the digital divide have not cited “lack of net neutrality regulations” as either a cause or a cure for race or income-based differences in broadband adoption. The current net neutrality war that has erupted in Washington, DC has very little to do with the interests of the unserved and underserved.
6. It is impossible to know for sure how new Internet regulations would impact private investment, and a decline in capital investments in broadband could have a harmful effect on jobs and the US economy. In fact, a reduction by five percent would reduce employment by 47,073 according to research from the ITIF or 78,455 according to former FCC commissioner and economist Harold Furchtgott-Roth.
7. Today’s open Internet is making possible huge innovation. We reduce the possibilities and raise barriers if we don’t give everyone access to smart networks.
8. Lack of net neutrality regulations cannot be reduced to “charging more fees and extracting more money from wealthier customers.” On the contrary, the FCC has laid out six principles of net neutrality, which have the potential to impact Americans at every level of income.
9. In a 2009 poll of 900 African Americans and Hispanics conducted by Brilliant Corners Research, led by Obama Presidential Campaign and Democratic Pollster Cornell Belcher, 43 percent of these minorities cited either not knowing how to use the Internet or not seeing the need for the Internet as the reason why they are not online; however, 44 percent of these same respondents said they would be more likely to subscribe to Internet services if they were provided free lessons on how to use the technology and 30 percent would be more likely to adopt if they had more information about how they could benefit from going online.
10. There are more significant policy challenges and opportunities demanding FCC attention and cooperation with industry, such as reforming the universal service fund, expanding spectrum availability for commercial use, and improving digital literacy.
While the FCC sifts through comments from a reported 200,000 + people in response to its proposed net neutrality regulations, minority groups continue to voice concerns about the effect those regulations will have on the digital divide. Yesterday, groups of minority legislators circulated letters around Capitol Hill warning of unintended consequences from new regulations. Reports Multichannel News:
The Jan. 22 letters came from the National Black Caucus of State Legislators, National Foundation for Women Legislators, National Organization of Black Elected Legislative Women, National Conference of Black Mayors and the National Association of Black County Officials.
The groups called closing the digital divide “one of the most pressing social and civil rights issue of our day.”
They asked President Obama to intercede to keep the FCC focused on a broadband plan that closes that divide and does not include any new rules they say could threaten that end.
The Hispanic Institute has released a new report on broadband adoption and minority communities. Multichannel News looks at some of the report’s findings:
[W]hile English-dominant Latinos subscribe to broadband services at a higher rate than non-Hispanic whites (68% of those surveyed having broadband services at home), Spanish-dominant Latinos lag well behind, with only 32% using the Internet in any form in 2006, compared to 78% of English-dominant Latinos and 76% of bilingual speakers.
The full Hispanic Institute report, Toward Access, Adoption & Inclusion: A Call for Digital Equality and Broadband Opportunity, is available online.
CNet reports on a new survey on Internet usage from the Pew Research Center (PDF), which finds that 74% of adult Americans are online. That’s the good news. The bad news is the digital divide remains very much in place, with 76% of white Americans online compared to 59% of African Americans and 55% of Hispanic Americans.
A new report from Pew has some encouraging news about Internet use in the Hispanic community:
From 2006 to 2008, internet use among Latino adults rose by 10 percentage points, from 54% to 64%. In comparison, the rates for whites rose four percentage points, and the rates for blacks rose only two percentage points during that time period.
Latinos still trail whites in Internet use, but the Pew report shows that the gap is diminishing. Unfortunately, when it comes to broadband adoption at home, the Hispanic community saw very little change — from 79% of Internet users in 2007, to 81% in 2008.
Today I officially join Bruce Mehlman as co-chairman of the Internet Innovation Alliance. With our government currently working toward a national broadband plan, I couldn’t be joining this organization at a better time.
Broadband is the great equalizer. It has the ability to transform lives. Most importantly, it gives everyone — regardless of race, income, and geography — a chance to succeed in the economy of the future.
A true national broadband plan won’t leave anyone behind, which is why IIA will continue to encourage private investment — and smart policy — in order to bring vital broadband access to everyone. Only through the continuing partnership of industry and government can America achieve the goal of universal access.
Following in IIA co-founder and former co-chairman Larry Irving’s shoes will not be easy. But I’m positive that Bruce and I, along with all of IIA’s members and Broadband Ambassadors, will continue to work hard in order to help connect everyone in America to the power of broadband. This is an historic time for our country, and I’m honored to be a part of it.
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