February 2010

Senate Commerce Committee
Communications, Technology, and the Internet Subcommittee
Feb 23 2010
10:00 AM

Witness Panel 1
The Honorable Aneesh Chopra
Chief Technology Officer
Office of Science and Technology Policy, Executive Office of the President

Witness Panel 2
Mr. Dan Hesse
Chief Executive Officer
Sprint Nextel

Mr. Adrian Tuck
Chief Executive Officer
Tendril Networks, Inc.

Ms. Kathrin Winkler
Chief Sustainability Officer
EMC2 Corporation

Ms. Lorie Wigle
General Manager
Eco-Technology Program Office, Intel Corporation



FCC Finds 93 Million Americans Disconnected From Broadband

The Federal Communications Commission released its National Broadband Plan Consumer Survey, Broadband Adoption and Use in America, which found that affordability and lack of digital skills are the main reasons why 93 million Americans -- one-third of the country -- are not connected to high-speed Internet at home.

The FCC conducted a national random digit-dial survey of adults in October and November 2009 to assess America's attitudes toward broadband. The Consumer Survey found that 35 percent of adult Americans do not have high-speed Internet connections at home -- or approximately 80 million adults and 13 million children over the age of five.

The survey identifies three main barriers to adoption:

  1. Affordability: 36 percent of non-adopters, or 28 million adults, said they do not have home broadband because the monthly fee is too expensive (15 percent), they cannot afford a computer, the installation fee is too high (10 percent), or they do not want to enter into a long-term service contract (9 percent). According to survey respondents, their average monthly broadband bill is $41.
  2. Digital Literacy: 22 percent of non-adopters, or 17 million adults, indicated that they do not have home broadband because they lack the digital skills (12 percent) or they are concerned about potential hazards of online life, such as exposure to inappropriate content or security of personal information (10 percent).
  3. Relevance: 19 percent of non-adopters, or 15 million adults, said they do not have broadband because they say that the Internet is a waste of time, there is no online content of interest to them or, for dial-up users, they are content with their current service.

The survey also found that non-adopters usually have more than one barrier that keeps them from having broadband service at home. Over half of non-adopters, when selecting from a menu of possible barriers to adoption, chose three or more. For example, more than half of non-adopters who cited cost also listed reasons relating to digital literacy or relevance.

The interaction of attitudes and use of communications goods and services creates four categories of non-adopters:

  1. Near Converts, who make up 30 percent of non-adopters, have the strongest tendencies toward getting broadband. They have high rates of computer ownership, positive attitudes about the Internet. Many are dial-up or "not-at-home" users, and affordability is the leading reason for non-adoption among this group. They are relatively youthful compared with other non-adopters, with a median age of 45.
  2. Digital Hopefuls, who make up 22 percent of non-adopters, like the idea of being online but lack the resources for access. Few have a computer and, among those who use one, few feel comfortable with the technology. Some 44 percent cite affordability as a barrier to adoption and they are also more likely than average to say digital literacy are a barrier. This group is heavily Hispanic and has a high share of African-Americans.
  3. Digitally Uncomfortable, who make up 20 percent of non-adopters, are the mirror image of the Digital Hopefuls; they have the resources for access but not a bright outlook on what it means to be online. Nearly all of the Digitally Uncomfortable have computers, but they lack the skills to use them and have tepid attitudes toward the Internet. This group reports all three barriers: affordability, digital literacy, and relevance.
  4. Digitally Distant, who make up 28 percent of non-adopters, do not see the point of being online. Few in this group see the Internet as a tool for learning and most see it as a dangerous place for children. This is an older group (the median age is 63), nearly half are retired and half say that either relevance or digital literacy are barriers to adoption.

Study Touts Broadband Providers' Investments

Broadband for America -- a coalition which includes telecommunications providers such as AT&T, Comcast, Qwest, Time Warner Cable and Verizon -- released a new paper touting what it says are the economic benefits from the investments made by broadband providers and warns against imposing regulations that might hamper such efforts.

"Given the massive investment that has been made to wire the U.S. economy with first-generation broadband access technologies, and given the significant investment now planned by carriers to upgrade that infrastructure to second-generation access technologies, policymakers must be careful to avoid new regulations that would make such investments unattractive," the study's authors, telecom economists Robert Crandall and Hal J. Singer, said in the paper.

The paper says that investments in "first-generation" access technologies including cable modems, DSL and 3G wireless have generated 434,100 jobs between 2003 and 2009. "We estimate that the going-forward capital expenditures in next-generation access technologies would create approximately 509,000 jobs relative to a world without such investments so long as no new regulatory changes undermine the incentives of [broadband service providers] to continue to invest," the paper argued. The study represents the latest salvo from the nation's largest broadband providers, which include the major telecom and cable firms, to push back against calls for the FCC to impose new regulations to ensure open access to the Internet by all content providers and to help spur broadband access and use as part of the national broadband plan being crafted by the FCC.

FCC Unveils Broadband "National Priorities" Recommendations

Working recommendations meant to bring the innovative force of broadband to healthcare, education, energy and the environment, government, public safety and homeland security, job training, and small business were unveiled February 18 at a meeting of the Federal Communications Commission. The team developing the National Broadband Plan highlighted elements under consideration in the "national purposes" section of the plan. The working recommendations are designed to support America's competitive advantages in key sectors of the economy and society. Key themes include using broadband to foster innovative approaches to intractable problems. Broadband can help the country achieve better results in important areas by facilitating the flow of information; removing barriers of time and space; and making data accessible for research, applications, and decision-making, all while protecting privacy.

FCC Allows Community Use of E-Rate Supported Broadband

The Federal Communications Commission adopted an order that enables schools that receive funding from the E-rate program (more formally, the schools and libraries universal service support program) to allow members of the general public to use the schools' Internet access during non-operating hours.

This change attracted broad support in comments received while developing the National Broadband Plan. This action will leverage universal service funding to serve a larger population at no increased cost to the E-rate program. If a school chooses to allow community access, the general public will be able to use the Internet access already present in schools for purposes such as job searches and applications, digital literacy programs, and online access to governmental services and resources. Increasing community access to the Internet is particularly critical in communities where residential adoption of broadband Internet access has historically lagged, including many rural, minority, and Tribal communities. Libraries already may provide Internet access to their communities using E-rate support. The order enables schools to provide similar access to the public.

This waiver is subject to the following conditions: 1) schools participating in the E-rate program are not permitted to request more services than are necessary for "educational purposes"; 2) any community use of E-rate funded services at a school facility is limited to non-operating hours, such as after school hours or during times when the students are out of school; and 3) consistent with the Communications Act, schools may not resell discounted services or network capacity.

In addition, the Commission adopted a notice of proposed rulemaking, which seeks comment on revising the Commission's rules to make today's change permanent. The Commission also seeks comment on conditions that should be established to guard against potential additional costs being imposed on the E-rate program and to reduce the likelihood of waste, fraud, and abuse.

FCC Funds More Rural Health Projects; Extends Deadline

The Federal Communications Commission's Wireline Competition Bureau has ) extends by one year -- to June 30, 2011 -- the deadline for participants in the Rural Health Care Pilot Program to select a vendor and request a funding commitment from the Universal Service Administrative Company (USAC). Specifically, the Bureau finds that Pilot Program participants may not be able to meet the current June 30, 2010 deadline, and thus may not be able to provide the full benefits of their projects to health care consumers in their respective areas.

In addition, the Pilot Program has funded the build-out of an additional 16 broadband telehealth networks that will link hundreds of hospitals regionally in Iowa, Louisiana, Maine, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New York, Ohio, Oregon, Pennsylvania, South Dakota, Vermont, Virginia, West Virginia, and Wisconsin. Collectively, these 16 projects are eligible to receive up to $145 million in reimbursement for the deployment, including engineering and construction, of their regional telehealth networks. The networks will provide critical, high-speed information links that can save lives and reduce the cost of health care in their rural communities. This funding announcement is in addition to six projects previously approved for up to $46.2 million in funding, as announced by the FCC on April 16, 2009.

The following is an overview of the 16 projects announced:

• Geisinger Health System (Pennsylvania) ($902 K) - Fifteen health care providers will be connected to existing broadband network structures in Pennsylvania. The initiative will enable these providers to access and use high-speed Internet bandwidth connections to transfer radiographs and other medical information and to support electronic record systems.

• Illinois Rural HealthNet Consortium ($21.06 M) - This statewide network will serve approximately 87 health care facilities. More than 95% of the connected locations will have connectivity at speeds ranging from 100 Mbps to 1 Gbps.

• Iowa Rural Health Telecommunications Program (Iowa, Nebraska, South Dakota) ($9.95 M) - This project will support the creation of a new statewide broadband network that will link approximately 100 health care facilities in Iowa, Nebraska, and South Dakota at speeds of 1 Gbps.

• Louisiana Department of Health and Hospitals ($15.9 million) - This broadband network will link approximately 100 facilities, about 47 of which are rural, to government research institutions, enable patient access to medical specialists, and provide rapid and coordinated crisis response.

• Michigan Public Health Institute ($20.91 M) - New network infrastructure will connect existing state health networks to each other and to Internet2 at speeds ranging from 1.5 to 100 Mbps. The network will link approximately 390 facilities in Michigan primarily in rural, underserved areas of the state.

• Missouri Telehealth Network ($2.38 M) - This initiative will support the creation of a statewide dedicated telehealth broadband network for expanded telemedicine services, including high-definition video streaming capabilities. The network will support telehealth services for approximately 160 health care facilities throughout Missouri.

• New England Telehealth Consortium (Maine, Vermont, New Hampshire) ($24.69 M) - A multi-state telehealth network will deliver remote trauma consultation and expansive telemedicine by linking approximately 500 primarily rural health care facilities - including hospitals, behavioral health sites, correctional facility clinics, and community health care centers - in Vermont, New Hampshire, and Maine to urban hospitals and universities throughout New England.

• North Country Telemedicine Project (New York) ($1.99 M) - Approximately 30 new health care facilities in a low-income, sparsely populated region of northern New York will be connected to an existing regional fiber ring and to Internet2, a dedicated nationwide backbone, at speeds ranging from 10 to 100 Mbps.

• Northeast HealthNet (Pennsylvania, New York) ($1.70 M) - This broadband network will facilitate real-time information sharing among approximately 38 mostly rural health care facilities, and thousands of specialists in Pennsylvania and New York State, to provide remote diagnosis, treatment, and monitoring of patients with chronic and acute medical conditions.

• Northeast Ohio Regional Health Information Organization ($11.29 M) - This project will expand an existing network to connect approximately 19 medical facilities in 22 counties at speeds ranging from 100 Mbps for sites connected via wireless and 1 Gbps for sites connected with fiber.

• Northwestern Pennsylvania Telemedicine Initiative ($352 K) - This project will improve access to a broad range of specialty medical services at five facilities, two of which are prisons. Its goals include using telemedicine to encourage medical professionals to establish services and remain in rural communities.

• Oregon Health Network ($20.18 M) - This project will support the creation of a comprehensive and robust broadband telehealth network that will connect hospitals, clinics, and community colleges throughout Oregon. The network will support highly efficient broadband services for health care facilities and providers to share electronic health records, radiological images, video, and prescriptions, among other data sets.

• Pennsylvania Mountains Healthcare Alliance ($4.49 M) - A new broadband network of approximately 12 hospitals in rural western Pennsylvania will provide a variety of telehealth services, specialty care, and telepharmacy in 18 counties. The network will provide a minimum of 10 Mbps service and connect with Internet2. The project previously merged with the Juniata Valley Network project, a network in the rural region of the Appalachian Mountains that will connect approximately 79 health care facilities to enable telemedicine and school wellness programs, and will connect to Internet2 at speeds ranging from 7 to 100 Mbps.

• Sanford Health Collaboration and Communication Channel (South Dakota, Iowa, Minnesota) ($813 K) - This project will link seven existing networks at speeds of up to 100 Mbps to access administrative services and connect with educational institutions. Facilities served include the Aberdeen, S.D. area Indian Health Services.

• St. Joseph's Hospital (Wisconsin) ($655 K) - This project will link two existing fiber systems in the City of Chippewa Falls, Wisconsin, to St. Joseph's Hospital and two local community health clinics in order to more fully support telehealth services.

• West Virginia Telehealth Alliance (West Virginia, Virginia, Ohio) ($8.4 M) - This statewide network will connect approximately 450 facilities in West Virginia, improving connectivity for rural health centers. The project is focused on regions of the state with historically high concentrations of poor and elderly individuals suffering from chronic medical conditions.

FCC Strives for Excellence in Reform Proceedings

The Federal Communications Commission has proposed revisions to its rules as part of its larger effort to reform and transform the agency into a model of excellence in government. In two notices of proposed rulemaking approved February 18, the FCC seeks public comment on revisions to rules governing FCC practice and procedure, and its "ex parte" rules dealing with communications between stakeholders and decision-makers at the agency.

The Procedures NPRM: In one notice of proposed rulemaking, the FCC proposes changes to its procedural and organization rules concerning reconsideration of agency proceedings and case management, as well as other miscellaneous procedural rules. The proposals are designed to enhance efficiency and reduce backlogs, improve the transparency and openness of FCC proceedings by making it easier for interested persons to follow and participate in the process, and reduce confusion by the public about certain deadlines.

The major proposals in the NPRM include:

Improving Case Management:

• Leverage electronic resources to expand the use of docketed proceedings and maximize electronic filing through the Commission's improved Electronic Comment Filing System

• Delegate authority to the staff to terminate inactive dockets

• Delegate authority to the staff to serve parties to FCC proceedings electronically

Streamlining Reconsideration of Agency Proceedings:

• Delegate authority to bureau and office chiefs to dismiss or deny defective or repetitious reconsideration petitions that do not warrant consideration by the full Commission

• Amend the rule which permits the Commission, on its own motion, to reconsider any FCC action within 30 days of public notice of that decision to make clear that the Commission may modify its decision, not merely set it aside or vacate it

Clarifying Deadlines:

• Amend procedural rules to make clear that when an FCC rule or order requires action by the Commission on a weekend or holiday, the action must be taken by the next business day

• Adopt a default effective date for new rules when the FCC does not specify an effective date in the relevant rulemaking orders.

The Ex Parte NPRM: In the second notice of proposed rulemaking, the FCC proposes changes to its rules governing disclosure of communications with Commission staff and decision makers, when all parties to a proceeding are not present (so-called ex parte communications). Building on suggestions and recommendations made by participants at a public workshop held in October 2009, and based on its own experience with the disclosure rules, the FCC proposes rule changes designed to make the Commission's decision-making processes more open, transparent, fair, and effective.

The major proposals in the NPRM include:

Improving the Completeness, Accuracy, and Timeliness of Disclosure:

• Require the public filing of a summary of every oral ex parte presentation; under current rules, a summary does not need to be filed unless information or arguments are presented for the first time

• Require the filing of a notice that summarizes all data and arguments presented

• Establish a preference for electronic filing of all notices of ex parte presentations

• Require faster electronic filing, within four hours, of notices of permitted ex parte presentations made during the "Sunshine Period" - which typically begins a week before a public Commission Meeting, for those items on the Meeting agenda

Sunshine Period Issues:

• Seek comment on whether current exceptions to the Sunshine Period's prohibition on ex parte presentations should be narrowed or modified to prevent abuse and promote fairness

• Start the Sunshine Period prohibition at midnight after a Sunshine notice has issued

Disclosure Statements:

• Seek comment on whether to require disclosure of ownership or other information in filings at the Commission, including adopting various disclosure requirements currently used by federal courts, and the extent to which ownership information already available to the FCC may suffice

Sanctions and Enforcement:

• Seek comment on sanctions and enforcement concerning violations of the ex parte rules

New Media:

• Seek comment on how the ex parte rules should apply in the context of new media, such as Internet blog postings.

FCC Extends Future of Media Proceeding

The Federal Communications Commission has extended -- from March 8, 2010 to Friday, May 7, 2010 -- the public comment period in its Future of Media and Information Needs of Communities In A Digital Age proceeding. The Commission is seeking seeking public comment from citizens and media experts on a range of issues regarding whether Americans have access to vibrant, diverse sources of news and information that enable them to enrich their lives, their communities and the democracy.

FCC: Still Much Communications Work To Do In Haiti

On February 18, the Federal Communications Commission outlined its ongoing efforts to help earthquake-ravaged Haiti.

FCC Chairman Julius Genachowski said it would be essential to continue to help restore the country's communications system, in some cases from scratch, to a country where a third of the population (3 million) has been affected and over 230,000 people have died. The chairman said mobile networks are now almost 100% operational, but only a third of TV stations are up and running, and wireline communications are still down in the country's capital.

Mendel De La Torre, chief of the international bureau, said U.S. industries have been particularly helpful in their effort. She said that immediately after the Jan. 12 earthquake, only one communications network was operational, and it went dark within hours from lack of fuel. FCC activities included staffers involved in rescue and recovery, coordinating with international organizations and identify needs and resources to meet them, to be a "matchmaker" as it were, most recently with the broadcast community there.

10 BTOP Grants Announced

On February 18, Commerce Secretary Gary Locke announced 10 American Recovery and Reinvestment Act investments to help bridge the technological divide, boost economic growth, create jobs and improve education and health care cross the country.

The grants will increase broadband access and adoption in California, Florida, Indiana, Louisiana, New York, Pennsylvania, West Virginia, and Wisconsin. The ten grants, totaling $357 million, will bring high-speed Internet access to millions of households and businesses, and link up thousands of schools, hospitals, libraries and public safety offices to the information superhighway.

The following grants were announced:

  1. California: Housing Authority of the County of San Bernardino: $1.2 million public computer center grant with an additional $500,000 applicant-provided match to expand and enhance the services of five computer centers located in public housing developments in San Bernardino County. The centers will add 25 new workstations, increase broadband speeds to 1.5 Mbps at each center, extend operating hours, provide a range of online training workshops, and serve more than 350 additional users per week.
  2. Florida: North Florida Broadband Authority: $30.1 million broadband infrastructure grant with an additional $9.2 million applicant-provided match to bring high-speed broadband services to underserved areas in 14 North Central Florida counties through the deployment of an 1,200-mile fixed wireless broadband network. The network plans to directly connect more than 300 community anchor institutions, such as public schools, universities, libraries, healthcare facilities, public safety organizations, and government agencies, at speeds of 10 Mbps to 1 Gbps.
  3. Indiana: Zayo Bandwidth, LLC: $25.1 million broadband infrastructure grant with an additional $10.7 million applicant-provided match to directly connect 21 Ivy Tech Community College campuses to the state's existing high-speed network for education and research, known as the I-Light network. The project plans to deploy a 626-mile fiber-optic network to provide 1 Gbps to 10 Gbps connections between the Ivy Tech campuses and the 42 colleges and universities already on the I-Light network, which will advance research, education, and economic opportunities throughout Indiana.
  4. Louisiana: State Library of Louisiana: $8.8 million public computer center grant with an additional $2.4 million applicant-provided match to distribute more than 760 computer workstations to every library in the state library system, enabling the system at large to serve an additional 42,000 computer users per week. The project expects to establish wireless hotspots and deliver broadband speeds of up to 100 Mbps in each location, as well as deploy four mobile computer labs to provide enhanced training opportunities.
  5. New York: New York State Education Department: $9.5 million public computer center grant with an additional $5.4 million applicant-provided match to provide more than 860 computers in 30 libraries and five mobile training centers across 41 economically distressed Upstate New York counties. This grant will allow libraries to extend hours, provide 24/7 access to job search resources, and serve an estimated 50,000 additional users per week system-wide.
  6. Pennsylvania: Keystone Initiative for Network Based Education and Research: $99.7 million broadband infrastructure grant with an additional $29 million applicant-provided match to create the Pennsylvania Research and Education Network (PennREN). With nearly 1,700 miles of fiber, the network expects to expand broadband Internet access and directly connect 60 critical community anchor institutions in 39 counties across south and central Pennsylvania. PennREN will enhance healthcare delivery, research, education, workforce development, and public safety by delivering broadband speeds of 10 Mbps to 10 Gbps.
  7. Pennsylvania: Executive Office of the Commonwealth of Pennsylvania: $28.8 million broadband infrastructure grant with an additional $7.2 million applicant-provided match to increase broadband Internet connection speeds for community anchor institutions and underserved areas isolated by difficult, mountainous terrain in northern Pennsylvania. The project will leverage Pennsylvania's existing microwave public safety communications network by adding a parallel 150 Mbps Ethernet backbone stretching 649 miles across the state, as well as 612 miles of fixed wireless links.
  8. West Virginia: Executive Office of the State of West Virginia: $126.3 million broadband infrastructure grant with an additional $33.5 million applicant-provided match to bring highspeed Internet access to this vastly underserved region by expanding the state's existing microwave public safety network and adding about 2,400 miles of fiber. The expanded statewide network expects to offer speeds of up to 45 Mbps and directly connect more than 1,000 anchor institutions, including public safety agencies, public libraries, schools, government offices and other critical community facilities.
  9. West Virginia: Future Generations Graduate School: $4.5 million sustainable broadband adoption grant with an additional $1.2 million applicant-provided match to implement a community-based approach to encouraging broadband adoption among low-income and predominantly rural communities across West Virginia. The project will work through volunteer fire and emergency rescue stations, equipping each participating squad with computer workstations that will be available to the public, and setting up training programs. In addition, the project will support a broadband awareness campaign that will include peer-to-peer outreach, newspaper and radio advertisements, signage to promote services, social networking, and a support Web site.
  10. Wisconsin: State of Wisconsin Department of Administration: $22.9 million broadband infrastructure grant with an additional $5.7 million applicant-provided match to directly connect 385 libraries, 74 school districts, and eight community colleges (including two tribal colleges) to the existing high-speed BadgerNet Converged Network by deploying 203 miles of new fiber connections. The new connections are expected to provide schools and libraries with enhanced broadband speeds of between 20 Mbps and 100 Mbps, strengthening their ability to benefit underserved communities throughout the state.