June 2013

Hearing Recap: Equipping Carriers and Agencies in the Wireless Era

The House Commerce Committee’s Subcommittee on Communications and Technology, chaired by Rep. Greg Walden (R-OR), held a hearing on “Equipping Carriers and Agencies in the Wireless Era.” The subcommittee heard from government and private sector witnesses as members continue to discuss ways to meet the needs of wireless carriers and federal agencies in a time of limited spectrum and financial resources. Last Congress, Chairman Walden and Ranking Member Anna Eshoo (R-CA) created a working group, led by Reps. Brett Guthrie (R-KY) and Doris Matsui (R-CA) that focused on federal spectrum use. At the hearing, House Commerce Committee Chairman Fred Upton (R-MI) and Ranking Member Henry Waxman (D-CA) asked Chairman Walden and Ranking Member Eshoo to hold monthly meetings with the National Telecommunications and Information Agency (NTIA), the Federal Communications Commission (FCC) and the Department of Defense (DOD) to ensure efforts to upgrade government systems and repurpose spectrum for commercial use stay on track.

The Verge reports that many members of the subcommittee sharply criticized the military and the NTIA for being too slow in opening up government-controlled wireless spectrum to consumers and private companies. An effort to have federal government agencies auction-off their spectrum to companies or share it has been in the works since 2004, but has been slow to see results, visibly angering lawmakers. "It has been slow so far, more like dial-up I'd say, rather than broadband," said Billy Long (R-MO).

At one point, Rep Eshoo unleashed a barrage of accusatory questions at Teri Takai, the US Defense Department's chief information officer, asking why the Defense Department had not yet published at estimate of what it would cost to shift some of its systems to using less spectrum, thereby freeing up more for public use. "I have to say that the 'same old, same old' that has prevailed for years, simple is not going to be accepted around here. It just can't be," Rep Eshoo said. Takai said that the reason the agency had not done a cost-estimate for what it would take the Defense Department to give up the 1755 to 1780 spectrum band because it still needed "some direction" from the NTIA on how a spectrum auction would work. "Do you sit down and talk to each other?" Rep Eshoo asked Takai, point blank. "Why wouldn't the two of you sit down and talk about it. Why am I even having to ask this question again?...This is frustrating." But Takai also pointed out that the Defense Department had serious concerns about giving up, sharing, or otherwise "re-allocating" its spectrum because it currently uses much of it for military communications. "It causes us interference problems because we'd run on a smaller band," Takai said, adding that when it came to combat pilots in the Air Force and other armed services, "it would limit the number of training missions we could fly at the same time."

But lawmakers did manage to move the spectrum sharing program forward during the hearing, if only slightly. Christopher Guttman-McCabe, executive vice president of CTIA, a wireless industry lobbying group, came to the hearing with a proposed "roadmap" that pegged the cost of the government giving up the coveted 1755 to 1780 spectrum band as $4.7 billion, and the time frame as 2015. Lawmakers told CTIA to give copies to Takai and the Defense Department.

FCC to Take Over National Broadband Map

The Federal Communications Commission effectively took over the job of maintaining the National Broadband Map, but for now will not add broadband pricing information to the info it collects from broadband providers as part of that effort.

"The changes we make today will ensure that the Commission, other government agencies, and the public will continue to have access to the National Broadband Map," said acting FCC chairwoman Mignon Clyburn. The National Telecommunications and Information Administration had been maintaining the map, which is meant to show where broadband is and isn't available, but the grant to the states to supply the information that went into the map is running out in 2014. The order, which was approved unanimously, changes the FCC collection to include deployment. The FCC currently collects data mostly on subscriptions and customers, while NTIA has been collecting info on deployment. But Chairwoman Clyburn made it clear that pricing data collection was still on the table -- it was raised in two separate NPRMs that remain open. "While this Report and Order does not collect pricing or more granular subscription data as some parties have requested, it leaves the door open to do so," she said

Commissioner Rosenworcel: FCC Needs to Reach Out to Top-Market Broadcasters

Federal Communications Commission member Jessica Rosenworcel said that the FCC should hold a series of public hearings and reach out to broadcasters in the top 30 markets in order to make sure its incentive auction process is as transparent as possible and that outreach is targeted to where the mobile broadband need is greatest.

She also reiterated her desire that the FCC produce a band plan by the end of the third quarter. While the FCC wants a variable band plan in which stations and wireless companies could be using the same or adjacent channels in different markets, broadcasters have called for more separation to prevent potential interference.

FirstNet Approves Resolutions on Spectrum Lease Agreement with LA-RICS and Personnel Acquisition Strategy

The First Responder Network Authority (FirstNet) voted to approve an agreement with Los Angeles Regional Interoperable Communications System Authority (LA-RICS) allowing the project to lease access to FirstNet’s spectrum. The agreement is the first such agreement between FirstNet and one of the seven public safety Broadband Technology Opportunities Program (BTOP) grantees, whose funding was partially suspended following enactment of the law creating FirstNet. The agreement between FirstNet and LA-RICS is the first step in the process towards lifting the project’s suspension. Next, LA-RICS must submit a request to the National Telecommunications and Information Administration (NTIA) to lift the suspension. FirstNet will then submit a letter in support of that action. NTIA has the final decision as to whether to allow to the project to resume construction.

The Board also approved a resolution today that maps out a personnel acquisition strategy for FirstNet to meet its short-term specialized staffing needs. This strategy will continue to be used to assist with FirstNet's immediate, critical work on technical issues, outreach and business planning as FirstNet works to hire full-time employees to fill many of these roles. The strategy is intended to provide best value to Federal taxpayers by competitively selecting well qualified vendors and personnel, and incorporating strong competitive elements to control costs and risks. The Department of Commerce, which is the contracting authority for FirstNet, will review the strategy and associated documents. FirstNet expects to announce the contract opportunities in the next several weeks.

House Commerce Committee Leaders Concerned Waste, Fraud, and Abuse Could be Undermining Video Relay Service for Deaf and Hard-of-Hearing

House Commerce Committee leaders wrote to Federal Communications Commission (FCC) Acting Chairwoman Mignon Clyburn and FCC Inspector General David Hunt regarding the FCC’s oversight and management of the Interstate Telecommunications Relay Service (TRS) Fund and the Video Relay Service (VRS) program.

The TRS Fund, paid for by charges included on Americans’ telephone bills, helps cover the cost of providing functionally equivalent telecommunication services to the deaf and hard-of-hearing. Oversight and Investigations Subcommittee Chairman Tim Murphy (R-PA), full committee Chairman Emeritus Joe Barton (R-TX), Communications and Technology Subcommittee Chairman Greg Walden (R-OR), Vice Chairman of the Oversight and Investigations and Health Subcommittees Michael C. Burgess, M.D. (R-TX), and Communications and Technology Subcommittee Vice Chairman Bob Latta (R-OH), wrote to ensure that the TRS Fund and VRS program are being run effectively.

“The Committee acknowledges and supports the important role that VRS services have in enhancing the personal and professional lives of deaf and hard-of-hearing Americans. The purpose of our inquiry is not to question the merits of the VRS program, but rather, to find out whether the program, in its current form, is efficient, sustainable and sufficiently safeguarded against the possibility of fraud. In light of concerns voiced by your agency in a June 28, 2010 Notice of Inquiry, that ‘the [VRS] program is fraught with inefficiencies (at best) and opportunities for fraud and abuse (at worst)[,]’ we believe such oversight is warranted,” wrote the leaders.

They continued, “While your agency has claimed that its reforms have saved the VRS program approximately $300 million over the past two years, a question remains as to whether its actions have been completely effective at eliminating waste, fraud and abuse in the VRS program. This month’s announcement that the FCC has adopted ‘comprehensive reforms’ constituting a ‘fundamental restructuring’ of the VRS program is welcome news to the Committee. We look forward to the FCC’s timely and effective implementation of these reforms.”

These Digital Publishers Aren't Freaking Out Over Mozilla's Move

Mozilla again made clear it intends to block third-party cookies on Firefox. How are digital publishers taking the news?

Doug Weaver, CEO of the sales consultancy Upstream Group, said he expects many in the industry to take a "wait and see" approach. "We don't know how deep this goes, how fast it happens or how meaningful it is," he said. But the move actually represents a shift in power toward publishers and the importance of their first-party data, according to Weaver. So if the third-party cookie is restricted by Mozilla, Weaver theorized, first-party data is strengthened. "The people who really win the biggest are going to be Facebook, Yahoo and Google," he said. "Because they have more first-party data than anybody."

Saving Government Tweets is Tougher Than You Think

Federal agencies should establish working groups to determine when agency social media posts constitute federal records and how to retain them for posterity, according to new draft guidance from the National Archives and Records Administration.

The working groups should monitor how agencies are retaining posts on social media sites they currently use and help agencies make smart decisions before beginning to use new social sites, the guidance said. The working groups should include “records management staff, Web managers, social media managers, information technology staff, privacy and information security staff, and other relevant stakeholders,” according to the Archives bulletin. The guidance, which was published Wednesday, is open for comments until July 12.

John Malone’s Radical Plan For Broadband

If Liberty Media Chairman John Malone has his way, Netflix would pay broadband providers for the cost of the bandwidth it uses. And with Malone re-emerging as a power player in the U.S. cable industry, and extending his presence in European cable through his company Liberty Global, he may be able to act on his vision.

In remarks to Liberty’s annual meeting two weeks ago, which garnered little attention, Malone laid out his vision for a “world of the future” where consumers could buy “tiers” of broadband connectivity bundled to “various levels” of access to “over the top” video services, sold at a discount. As part of that, “Reed has to bear in his economic model some of the cost of the capacity that he’s burning,” a reference to Netflix CEO Reed Hastings.

After Sprint, Dish Can't Give Up the Chase

Satellite-television operator Dish Network, having called off its bids for Sprint Nextel and Clearwire, is at a crossroads. It faces a declining business and has been amassing wireless spectrum, which its Chairman Charlie Ergen wants to use to transition into a new business. Doing that requires partnering with a national carrier. Two options remain: bid for yet another carrier or sell itself to one. T-Mobile, the fourth-largest U.S. carrier by subscribers, seems the only remaining logical acquisition target. Yet while T-Mobile's $17.4 billion market capitalization is smaller than Sprint's, it would still be a stretch for Dish. A more immediate windfall could be had by shopping the company around.

Copies, Rights and Copyrights: Really Owning Your Digital Stuff

A look at the conflict between the owner of a copy of a work—like you, when you buy a paperback—and the owner of the copyright in that work – the author, or the author’s publisher.

It’s often an invisible conflict, because to us, the basic boundaries in that relationship are so customary as to be obvious: the copyright holder gets to prevent the book being copied, and the owner of the copy gets to use that copy any other way she wants. But things get trickier as we start looking at digital copies—in particular, copies that are sold as downloads instead of on physical media like CDs or DVDs. That’s because most of the ways in which we use digital media require making copies—just reading an e-book or listening to an mp3 will make additional copies within the device as it is being buffered or cached. Transferring ownership of a copy from one person to another also requires making copies—unless you’re handing over your entire hard drive to someone. But copyright law doesn’t necessarily recognize the difference between these copies and copies made for illicit purposes. So we’re left with a system where, legally, technological advancements lead to more restrictions, instead of fewer.

Benton

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