January 2010

Justice Dept Ends Texting Rate Probe

Apparently, in a big win for major carriers, the Justice Department has informed several wireless carriers that it has concluded an inquiry into whether the carriers colluded to set text-messaging rates and has no plans to take action on this issue.

Although the Justice Department's inquiry into text messaging rates has concluded, government regulators are still looking into other competitive issues involving the wireless phone industry. The FCC is taking a broad look at competition in the industry, including whether exclusive handset deals like AT&T's exclusive deal to offer Apple Inc.'s iPhone are in the best interests of consumers.

The Justice Department began investigating text- messaging rates at the request of Sen Herb Kohl (D-WI), chairman of the Senate Antitrust, Competition Policy and Consumer Rights subcommittee. In July, he asked the agency, along with the Federal Communications Commission, to examine competitive issues in the wireless industry, including text-messaging rates.

Commerce to test 4G technology for public safety network

The Commerce Department plans to establish a lab for real-world testing of emerging 4G communications technology that could be used in a national public safety network.

The facility will be set up by the Public Safety Communications Research program, a partnership of the National Institute of Standards and Technology and the National Telecommunications and Information Administration. The lab will house vendor equipment being developed for the emerging Long Term Evolution standard.

"It's brand new," Dereck Orr, NIST's PSCR program manager said of LTE. "It's bleeding edge. This will be a neutral site for vendors to work out interoperability issues in a multivendor environment and a learning environment for public safety officials."

FCC to Review the Emergency Alert System

The Federal Communications Commission has launched a Notice of Proposed rulemaking to consider amending its rules governing the Emergency Alert System (EAS) to provide for national testing of the EAS and collection of data from such tests.

The EAS is a national alert and warning system that exists primarily to enable the President of the United States to issue warnings to the American public during emergencies. To date, however, neither the EAS nor its predecessor national alerting systems have been used to deliver a national Presidential alert. Moreover, while FCC rules provide for periodic testing of EAS at the state and local level, no systematic national test of the EAS has ever been conducted to determine whether the system would in fact function as required should the President issue a national alert, and, in their current form, our EAS rules do not mandate any such test.

The FCC proposes a yearly test of the system. It seeks public comment on the specific language of the proposed rule and its sufficiency to ensure an adequate framework for the conduct of national tests implemented by this agency in collaboration with FEMA and our other Federal partners. The FCC also seeks comment on whether the specific rule that it proposes is, on balance, the best way to implement national testing of the EAS, or whether different provisions should be adopted.

Comments are due in mid-February.

CPB Distributes $25 Million in Fiscal Stabilization Grants

The Corporation for Public Broadcasting (CPB) is distributing $25 million in fiscal stabilization grants to public radio and television licensees across the country.

In addition to regular CPB funding, the Fiscal Year 2010 Consolidated Appropriations Act, signed into law by President Obama on December 16, 2009, provided $25 million "to maintain local programming and services and preserve jobs threatened by declines in non-Federal revenues due to the downturn in the economy," to be distributed within 45 days of the bill's enactment. In early 2009, CPB had requested this money from the Administration and Congress, based on survey data showing sharp declines in individual, state and local government, business, foundation and other support for local public broadcasting stations.

NIST awards contract to create EHR certification system

The National Institute of Standards and Technology awarded Booz Allen Hamilton Inc. a contract to help develop a testing method and processes for certifying electronic health record systems.

The $400,000 contract, announced Jan. 13, calls for the consulting firm to help NIST build a testing framework for health IT, a certification "process document" and other planning tools. NIST announced the short-term contract on the Federal Business Opportunities Web site Jan. 13. The work is part of a larger contract BAH already has with NIST for health IT consulting services, according to the announcement. The just-announced contract will provide a bridge until NIST finishes a competition for providers to complete the work. NIST said it had two goals for the program: to develop testing and certification documents to help set up a health IT certification program, and to set up a "proficiency testing framework" for authorizing certification and testing organizations.

Under New Captain, FTC Trims Sails For Speed

The Federal Trade Commission is lighting a match under its "rocket docket" this year, and that means marketers can expect a lot of firepower from the commission and from agencies with which the FTC cooperates.

"They are risk-tolerant, and they are willing to take hard positions," said Leonard L. Gordon, FTC director for the Northeast Regional Office. Also coming to the FTC are two new commissioners, one of whom is Julie Brill, former head of the consumer protection agency in Vermont. "She's very aggressive and will want to push the agency to work with the attorney general." Among the areas Gordon said the commission will revisit are advertising to kids, health claims for food and supplements, and privacy issues. And changes are definitely on the way surrounding testimonial and endorsement.

Take Your Fed To Work Day

Private sector executives on Thursday let Obama cabinet deputy secretaries learn the secret behind their success: technology-driven operations.

Federal chief performance officer Jeffrey Zients announced that the mentorships will continue. He asked the execs to take calls from the deputy secretaries next week and debrief them on the lessons they should have learned. And he said he hopes the feds will become comfortable enough with their private sector counterparts to call whenever they need advice. Zients added that within 30 days the administration will post online an implementation plan to execute the ideas generated during Thursday's exchanges.

Administration says Open Gov Directive on track

With about a week to go before their first deadline, the Obama administration is saying that the Open Government Directive, the keystone effort to increase online access to government data, is on schedule. In a public webcast on Thursday morning, Aneesh Chopra, the administration's chief technology officer, said that officials were meeting weekly to keep progress on track. He promised that "each of our key agencies will release what we call high value data sets" in time to meet the directive's first (and impending) January 22 deadline, which requires each agency to identify and publish in three such data sets online in an open format. "We are meeting, we are talking, we are trading ideas. No significant delays are expected at the present time," said Norm Eisen, the administration's special counsel for ethics and government reform, in response to a question from Ellen Scott of ExecutiveGov during a conference call with reporters earlier this week. "We're working to hit our marks."

ACLU Details Electronic Searches

The American Civil Liberties Union said Thursday that a Freedom of Information Act lawsuit has revealed that the Department of Homeland Security's Customs and Border Protection agency searched more than 1,500 computers, cell phones and other electronic devices belonging to international travelers as they entered U.S. airports or other border posts. The searches were conducted between October 2008 and June 2009. The group blasted the policy that allows customs agents to search computers and other devices without suspecting any particular wrongdoing.

Federal Communications Commission
12th Street, SW
Washington, DC
Tuesday, January 26, 2010
9:30 a.m. to 12 noon

Government Participants:

  • Carolyn Fleming-Williams, Senior Deputy Director, Office of Communications Business Opportunities, FCC
  • Rick Wade, Acting Chief of Staff, Department of Commerce

Panelists:

  • Mario Armstrong, Radio Host; XM/Sirius radio, USTalkNetwork.com, WYPR & WEAA
  • Eric Broyles, Founder & CEO, Megree, Inc.
  • Frank Flores, Chief Revenue Officer of the radio segment & General Manager, Spanish Broadcasting Systems
  • Anita Stephens Graham, Partner, Opportunity Capital Partners
  • Zemira Jones, President /CEO, All American Management Group, Inc.
  • James L. Winston, Executive Director, National Association of Black-Owned Broadcasters
  • Candida Mobley-Wright, President, Voices, Inc.
  • Frank Montero, Co- Managing Partner with the law Fletcher, Heald & Hildreth
  • Cleveland Spears, Producer/Radio Host/General Manager, iM4radio Broadcasting Network
  • Loris Ann Taylor, Executive Director, Native Public Media

Experts from the radio, finance, and broadband industries will discuss of the present status and future possibilities of radio, in general, and minority radio, in particular, with regard to extant and emerging broadband applications.

The roundtable participants will examine the continued relevancy of minority radio, diagnose current challenges, and analyze viable business models that incorporate broadband technologies. We will have representatives from minority radio networks, both broadcast and Internet stations, content and internet service providers, White House officials, and financial investors. In sum, it is our hope that this roundtable discussion will generate creative and innovative ideas that may lead to the integration of traditional radio with new technology platforms with the ultimate goal of ensuring that small and diverse radio thrives in the digital age of communications.

Reasonable accommodations for people with disabilities are available upon request via e-mail at fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice) or 202-418-0432 (TTY).