August 2012

Feds Rethink Public Safety Network While Locals Stew

Projects to build advanced public safety networks in more than 20 state and local jurisdictions are on hold indefinitely while the federal government sorts out the details for creating a nationwide interoperable communications network for first-responders.

The projects were approved by the Federal Communications Commission in 2010, allowing a number of jurisdictions to build 4G wireless networks in 700 MHz spectrum set aside for public safety. With passage of new public safety broadband legislation earlier this year, the federal government is trying to put the brakes on these projects to ensure they fit in with the emerging national network – and in some cases that’s spurring frustration in jurisdictions that have spent several years and a significant amount of local funds on networks nearing completion.

FirstNet must act quickly to make the public-safety LTE network a reality

[Commentary] It has been more than a bit discouraging to see how slowly the federal government is moving on getting the nationwide 700 MHz broadband public-safety network built.

Back in February, the Middle Class Tax Relief and Job Creation Act of 2012 reallocated the 700 MHz D Block--758-763 MHz/788-793 MHz--to the new First Responder Network Authority (FirstNet), which was created under the umbrella of the National Telecommunications and Information Administration. This was a huge step in getting an interoperable nationwide public-safety network set up. But progress has stagnated since then, and the issues have gotten convoluted. Though first responders finally got the nationwide 700 MHz D Block allocation they were longing for, the new law allocating the frequencies has since thrown existing plans for other 700 MHz public-safety LTE networks into utter disarray. An obvious sign of trouble occurred last spring, when jurisdictions that received federal funding to roll out networks were told by NTIA to rein in their plans until FirstNet was officially set up and could provide them with specific directions.

NTIA: Give early public-safety deployments the full 700 MHz allocation

The National Telecommunications and Information Administration (NTIA) wants the Federal Communications Commission to revisit its recent order authorizing early public-safety LTE network deployments on 10 MHz of 700 MHz spectrum and instead open up the full 20 MHz available in that band for public safety.

"NTIA believes that such action would further the critical goal of advancing interoperability as well as mitigating cost concerns associated with the deployment of a nationwide public safety broadband network," wrote Lawrence Strickling, assistant secretary for communications and information, in a letter to FCC Chairman Julius Genachowski. On July 30, the FCC adopted an order permitting limited deployment of broadband networks for first responders using the existing public safety broadband spectrum allocation of 763-768/793-798 MHz, which is leased out by the Public Safety Spectrum Trust (PSST). Only jurisdictions complying with the commission's Special Temporary Authority (STA) rules will be allowed to use this spectrum for early deployments.

More than Critical Infrastructure is at Stake in Cyber Debates

[Commentary] Is mobile cybersecurity an area in need of legislative action? It is unclear, though it is clear that secure mobility is integral to both cybersecurity and efforts to increase broadband use for public safety.

In addition to employers and end users, service providers are increasingly finding themselves having to guarantee the integrity, confidentiality, and attribution of all data on the network. Some may argue that existing legislative and regulatory actions may cover this with their interest in putting together safeguards, guidelines and "standards" for critical infrastructure, but it is unclear. How can entities safeguard individual devices to not provide an entry point for cyber attacks in an increasingly open and merged network space? It is one thing to discuss protecting the networks that run the electric grid. It is another to discuss protecting voice, video, and data streams for intelligence, military, public safety, and various private sector communities, which must be protected to safeguard users of these networks.

[Herrera-Flanigan is a partner at the Monument Policy Group]

FCC Authority In VZ/SpectrumCo, or “Real Lawyers Read The Footnotes.”

[Commentary] There is a huge difference between “it’s bad policy, don’t do it” and “you don’t have authority.” It is unfortunate that those who agree with the Federal Communications Commission on matters of policy increasingly seek to cast their arguments as arguments of regulatory authority. I get that if you don’t like the policy, you would prefer the FCC not have authority to implement it. But just as real lawyers read the footnotes, real lawyers (and non-lawyers) ought to be honest about the difference between policy and authority. Certainly there are times when authority is genuinely contestable, and I will never blame a litigant for making the traditional Hail Mary pass at jurisdiction. But where, as here, the authority of the FCC over reseller agreements is well established, attacks on authority can only be the interpreted as careless or disingenuous.

T-Mobile Preparing to Test Commercial Mobile Broadband at 1755-1780 MHz

On August 14, the Federal Communications Commission (FCC) took an important step in making additional commercial broadband spectrum available by granting T-Mobile USA’s request for special temporary authority (STA) to test the suitability of mobile broadband services in the 1755-1780 MHz band.

The wireless industry is unified in its position that this spectrum, which is used around the world for commercial mobile services and is immediately adjacent to already deployed AWS spectrum in the U.S., is a good candidate to convert to commercial purposes. T-Mobile anticipates the testing, as a part of a joint industry-government effort, along with monitoring existing government uses in the band and other analyses, will demonstrate that this spectrum can be made available for commercial mobile Long Term Evolution (LTE) services and that these services can share the band through an extended transition period, if not indefinitely, with existing federal uses that will either take too long or be too costly to relocate.

Digital Advocacy Group Wields Policy Influence

When the educational technology advocacy group Digital Learning Now! revealed its first state report cards gauging where states stand in supporting online learning, it was in part applying the adage that what gets measured gets done.

Observers say the report cards, which were released in 2011 to rate states according to 10 elements of what the group considers high-quality digital learning, have already had an impact on state policy and are likely to help guide future decisions about online learning. "Without question, [the organization's goals] are showing up in the legislation," said Douglas Levin, the executive director of the State Educational Technology Directors Association. "A vast majority of states have put this on their agenda in one way or another."

Samsung set to strike back against Apple

Samsung Electronics is moving to fight back against Apple by strengthening its partnerships with American mobile carriers to develop new technologies to get away from the U.S. firm’s claims on design.

The world’s biggest smartphone maker is in talks with major telecom carriers on Apple’s home-turf such as Verizon Wireless about modified designs in Samsung Galaxy devices. It is also closely partnering with Microsoft (MS) to cut its dependency on Google Android, according to officials. “Samsung has been in talks with major U.S. carriers to jointly develop modified design technology. This will be effective, though we can’t unveil more details for the time being,” said an official from the company’s telecommunications division. On the legal front, its lawyers are making preparations to counter nearly every patent issue which nine jurors found in favor of Apple. Officials said Samsung has been preparing “all measures for all scenarios” to fight Apple in 50 patent disputes in 10 different countries.

Why the online music industry is a mess

If disruption means losing money, then online music services know how to spend like rock stars.

Adoption and revenue growth rates at a few top players like Spotify and Pandora are real -- Pandora reported earnings, breaking even -- but what are the costs to play? It's still unclear in many cases if audience growth will translate to profit. Every few years a new service rises up, captures audiences but then has the same cost-centric problems as every one that has come before: negotiating terms with rights holders. Music labels, music publishers, and in some cases, emerging artists who circumvent traditional music property conventions by going it alone -- think self-managed Taylor Swift -- all want or need a stake in streams or downloads, and that can make or break a deal.

The China-U.S. Smartphone Gap Grows Larger

Smartphones are so popular here that it’s difficult to avoid seeing one, and in China, these devices are poised to become even more widespread.

This year, China will account for 26.5 percent of all smartphone shipments, compared to 17.8 percent in the United States, according to a forecast by the International Data Corporation, a research firm. China has surpassed the United States in smartphone sales in the past. However, only in the first quarter of this year did it become clear that the smartphone gap between China and the United States would become a “long-lasting gulf that won’t be bridged,” said Kevin Restivo, a senior research analyst with IDC. What’s driving the spike in China? Cheaper Android smartphones priced below $200, like those made by Huawei, according to IDC.

[And maybe, just maybe, the fact that the population of China is 1.3 billion and the population of the US is 311 million]

Benton

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