February 2010

FCC's McDowell: Network neutrality would face legal challenge

If the Federal Communications Commission adopts broad new net neutrality regulations, the agency's authority to do so will be challenged in court, predicts FCC Commissioner Robert McDowell.

It's unclear whether the FCC has the authority to create network neutrality rules for broadband providers, which under current FCC rules are classified as largely unregulated information services, Commissioner McDowell said Friday during a speech at a Free State Foundation broadband policy forum. And the suggestion by some advocacy groups that the FCC reclassify broadband services as more heavily regulated common carrier services would also face lawsuits, he said.

FCC bureau chief outlines 700 MHz network proposal

Federal Communications Commission officials are committed to taking steps to ensure that a 700 MHz nationwide public-safety broadband network becomes a reality, but the proposal may not include the reallocation of the commercial D Block in the band to first responders, an FCC bureau chief said yesterday at the Association of Public-Safety Communications Officials (APCO) Winter Summit. Earlier this month, representatives from APCO and eight other public-safety organizations presented a united front to federal lawmakers and policy-makers in requesting the reallocation of the 10 MHz D Block to public safety, which also has been granted 10 MHz of 700 MHz broadband spectrum that has been licensed to the Public Safety Spectrum Trust (PSST). Public-safety leaders would like to see the two swaths provide a 20 MHz spectral foundation for a nationwide public-safety network. Jamie Barnett, chief of the FCC's public-safety and homeland-security bureau, applauded the effort and described the requested D Block reallocation as "Plan A" for public safety. But current law requires the FCC to auction the D Block to commercial users, so the agency does not anticipate making a recommendation based on such an assumption in its national broadband plan — due to Congress on March 17 — he said. "It would be great to have 20 MHz," Barnett said. "The problem that we have right now as we pursue this is that the D Block is dedicated to commercial use — we're actually under a mandate to auction it. So we had to figure out a way to come up with a viable system even if you don't get the D Block." Instead, the FCC is pursuing a public/private proposal that calls for 700 MHz commercial carriers to build out the public-safety broadband wireless network — likely using LTE as public safety requested, although the FCC probably will not specify the technology in its broadband plan — while they deploy their commercial networks, which should greatly reduce the capital costs associated with the first-responder network, Barnett said.

Forget the money: Congress should allocate radio frequency band for public safety

The Federal Communications Commission's failure to sell a swath of the 700 MHz radio frequency band called the D Block at a public auction in 2008 has temporarily halted development of a nationwide public safety network. The quickest and simplest way to eliminate this road block would be to allocate that spectrum for public safety use.

Because Congress established the terms for disposing of this spectrum, Congress should act now to bundle it with the existing public safety channels so that creation of a nationwide, interoperable network for law enforcement, emergency services and other first responders can go ahead. The nation might forgo a billion dollars that could have been generated by auctioning off the spectrum to a private-sector licensee. But strings now attached to the D Block already have undercut its commercial worth, and its value to public safety could be far greater.

MMTC Takes Network Neutrality Concerns to FCC

In meetings at the Federal Communications Commission, the Minority Media and Telecommunications Council is raising concerns about proposed Network Neutrality rules aimed at ensuring an open Internet. MMTC is making these eight points:

  1. Institutional neglect of minority issues at the FCC and, more recently at the Commerce Department, with the apparent failure to award minority companies any stimulus funds, explain why MMTC is cautious in its approach to network neutrality regulations and how these regulations could be applied to minorities.
  2. In the National Organizations' Comments, they concede the first and sixth proposed regulations; they are still studying the second, third, and fourth proposed regulations, and they are troubled about aspects of the fifth proposed regulation.
  3. Our overarching concern is closing the digital divide. Minority businesses cannot aggregate enough business without consumers adopting broadband. The FCC should undertake studies to determine the economic cost of not closing the digital divide, including the cost of second order effects.
  4. The FCC should conduct an economic analysis and examine the proposed network neutrality regulations for their potential impact on deployment. With respect to carriers investing in deployment, if they have more money in their portfolios, the more likely they are to disburse deployment in a variety of investment risk levels to build out and improve broadband. If it is true that the regulations would make it more difficult for carriers to raise money and build out, then we need to examine the indirect effects such as increasing prices for consumers and decreasing adoption.
  5. The FCC should bear in mind the natural business alignments for small and minority businesses. ISPs have incentives to maximize customers, whereas small businesses are in competition with the major content and application providers.
  6. The Commission should design network management rules to allow carriers flexibility so that they can partner with and incentivize entry by SDBs and MBEs.
  7. Ideally, full transparency combined with consumer literacy and competition could render most other network neutrality regulations unnecessary; however, consumer literacy is the weak link. MMTC has proposed to add digital literacy to the K-12 curriculum to help solve the digital literacy problem.
  8. The Commission should brief the Commerce Department on the issues of access to capital for minority businesses and how the lack of stimulus funding for minority businesses impacts the FCC's ability to do its job in promoting diversity in telecommunications.

Broadcast Bullies?

[Commentary] Now that the TV broadcast industry has once again not only dodged any accountability for its gross misuse of the public's spectrum, but also positioned itself for yet another huge spectrum windfall, it's time for some enterprising reporter to explain how this feat was pulled off. If journalists can cover the GM bailout in depth, surely some attention should be given to the much larger giveaway to the broadcast industry-not to mention the incalculable harm to the American people through the accompanying delay in the provision of much needed wireless broadband service. I suggest a good starting point for investigation might be the relationship between Oregon's local broadcasters and the politicians they cover (and intimidate).

No rules: Internet security a Hobbesian "state of nature"

Life in cyberspace can be nasty, brutish, and short.

So says a new report on international cybersecurity, which argues that the Internet is a Hobbesian "state of nature" where anything goes, where even government attacks maintain "plausible deniability," and where 80 percent of industrial control software is hooked into an IP network. It's also a world where the US is both a model and a bully. When 600 senior IT security managers were asked which state actor was most likely to engage in cyberattacks, the top response was the US (36 percent), even among traditional US allies. On the other hand, US security practices were some of the world's most admired.

Will your big-screen Super Bowl party violate copyright law?

Copyright law has a huge range of exemptions (like face-to-face classroom teaching), limitations (like fair use), and compulsory licensing schemes (like paying songwriters when you perform a cover version of a tune). Some are well known, but most are of interest only to specialists. US Code Title 17, Chapter 1, Section 110 is called "Limitations on exclusive rights: exemption of certain performances and displays," and it lays out 12 of these exemptions to copyright restrictions. Are 55+ inch TVs mentioned specifically? They certainly are. TV broadcasts and movie showings can only be displayed so long as "no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers." So there it is in black and white—a ban on big TVs! Sort of.

Future of eReading might not be iPad, but Blio

Despite all the buzz about Apple's iPad tablet and how it could be useful for reading electronic textbooks, a new software program on the way might hold even more promise for education.

Blio, a free eReader program that is expected to be available in February, reportedly will allow users to read more than a million electronic books on nearly any computer or portable device, with the ability to highlight and annotate text, hear the text read aloud, and more. Blio was announced at this year's Consumer Electronics Show (CES) in Las Vegas and is the brainchild of education technology pioneer Ray Kurzweil, creator of Kurzweil Educational Systems and a range of assistive technology products. Perhaps the software's most impressive feature is that it can support the original layout, font, and graphics of any book in full color, its creators say. It also can support embedded multimedia such as video and audio, and readers have the ability to highlight, annotate, and share information. Blio isn't yet available, but already it's backed by Baker & Taylor, one of the world's largest publishers, as well as Elsevier, Hachette, HarperCollins, Random House, Penguin, Simon & Schuster, and Wiley. Blio users will have access to more than 1 million books altogether, its makers say—including a large selection of current bestselling titles.

Wondering Why You Can't Pre-Order an iPad? It Isn't Legal Yet

You know you can't obtain an iPad for least three months, but you may not know the reason you can't even buy one in advance: Apple has not yet obtained the necessary Federal Communications Commission approval to unleash it on the nation's airwaves.

The specs on the iPad page mention the lack of FCC approval in tiny print that is easy to miss. And nobody seriously expects the iPad won't be approved — Apple's been through this before, with the launch of the first iPhone announced six months before it was available. And the "why?" is almost certainly to have kept as few people in the loop, and only those you could in some way control. But in an e-mail sent to customers, Apple made the situation a bit more clear.

"Some features and applications are not available in all areas," reads the note. "Application availability and pricing are subject to change. This device has not yet been authorized as required by the rules of the Federal Communications Commission. This device is not, and may not be, offered for sale or lease, or sold or leased, until authorization is obtained."

Congress must revamp campaign finance online reporting, watchdog says

Congress must act quickly to set up a robust electronic online reporting system to track campaign donations in the wake of the recent Supreme Court decision allowing unlimited corporate and labor union donations to political campaigns, a nonprofit citizen watchdog group recommended.

The court on Jan. 21 overturned decades of limitations on corporate campaign contributions. Congress should act swiftly to set up a new reporting regime before the next federal elections get into full swing, the Sunlight Foundation said in a seven-point proposal. The new reporting system ought to be electronic and should be based on open-source software to allow for full interoperability and maximum transparency, according to the proposal. Ideally, the system and its databases should be searchable, sortable, machine-readable and downloadable, the foundation said.