December 2013

Free Press Focuses on Broadband Future in FCC Technology Transitions Task Force

We're glad Chairman Wheeler is committed to protecting the public as the agency takes its next steps on the IP transition. But the technical jargon and misleading statistics thrown around in this debate cannot cloud the FCC's vision. This debate is not about copper versus fiber lines, nor the so-called phone system. The American people don't care about the technology under the hood, nor the legal gymnastics some companies suggest to gut important consumer protections. The broadband market will remain uncompetitive unless the FCC takes decisive action to restore its authority. That is ultimately what this debate is about. Our democracy and economy rely on communications networks, no matter what technologies those networks use.

COMPTEL Comments on FCC Technology Transitions Policy Task Force Presentation

We are grateful for the leadership of Chairman Wheeler and the FCC’s Technology Transitions Task Force in addressing the ongoing evolution of the network and recognition of the importance of competition.

When the critical wholesale tenets of the Telecom Act have been fully implemented, competition has thrived. The principles of the Act do not change, however, as the network transitions to new technologies. New entrants have been leveraging IP technology for more than a decade to cost-effectively deliver a host of innovative products and services to consumers. As legacy carriers begin to more fully embrace IP technology and the Task Force explores a variety of issues related to this network evolution, it is important that the fundamental goal of the Act – to provide consumers with greater choice through competitive options – is not diminished. We believe the Commission can best promote competition and ensure that consumers can access their provider of choice by ensuring last mile access and interconnection on reasonable terms, regardless of technology. We look forward to working with the Chairman and the Task Force on the experiments, data collection, and establishing the legal and policy framework to ensure that all consumers – including residential, business and wholesale customers – can benefit from the network evolution.

USTelecom Welcomes Task Force Recommendations on IP Transition

We appreciate the focus and energy that Chairman Wheeler and the commission are bringing to this transition. Removing barriers to innovation and investment in delivering broadband and IP services to American consumers and businesses will produce benefits throughout our economy. We look forward to working with the commission to ensure that this transition to the networks and services of the future is as seamless as possible for consumers.

AT&T Statement on the FCC’s Task Force Recommendations on the IP transition

The Federal Communications Commission (FCC), under the leadership of Chairman Wheeler, has set a clear path for cementing our country’s state of the art communications future.

While the transition to 21st century network technologies and communications services is well underway, the status report issued today by the FCC’s Technology Transitions Policy Task Force sets forth the plans for an Order at its January open meeting. That Order will address, among other things, the goals, schedule and various policy issues as the transition moves forward. We support the FCC’s ambitious Internet-Protocol (IP) agenda, particularly the FCC’s recommendation to bring service experiments or IP trials to fruition. These IP trials will give policymakers and all stakeholders the ability to observe and learn from the facts on the ground, rather than being frozen by false fears. Ultimately, the IP trials will ensure that no one is left behind as the country moves forward to an Internet-enabled future. We look forward to working cooperatively with the Commission as it moves in earnest to manage the transition to IP technologies and services.

FCC Initiates Public Comment Period to Review Rules for Wireless Services Onboard Aircraft

The Federal Communications Commission initiated a proceeding to consider a proposal that would permit airlines to install equipment on aircraft that could safely expand the availability of in-flight mobile wireless services to passengers. The FCC will now seek to solicit public input on the proposal, and will carefully review input from consumers and stakeholders before taking any final action.

The proposed rules, if adopted after a period of public review and comment, would expand the existing default ban on the use of cellphones in-flight to include frequency bands not previously subject to the prohibition. However, if an airline chooses to equip its aircraft with specialized onboard equipment that would prevent harmful interference with wireless networks on the ground, the airline would have the ability to enable in-flight wireless broadband access to passengers. The new systems could allow airlines to offer an array of new choices to the flying public, including Internet, e-mail, text and potentially voice services. The new technology also would provide airlines with a high level of control over the in-cabin communications environment. The proposal would not require airlines to install onboard access systems or to provide mobile wireless services to passengers on their fleets. Under the proposal, the use of mobile wireless devices would still be prohibited as a default, unless an airline installs an onboard system to manage the service. Under the proposal, individual airlines would be free, consistent with the Commission’s rules and relevant Federal Aviation Administration (FAA) and Department of Transportation (DoT) rules, to make their own decisions about whether to offer mobile wireless services at all, and, if so, which services to offer. If an airline chooses to install new onboard equipment, consumers would be able to use their mobile devices’ full wireless data capabilities in addition to the current choice of access to Wi-Fi on some flights. Airlines would be in total control of what types of mobile services to permit onboard, including whether to permit Web surfing, emailing, and texting, but not voice calls.

Specifically, the Commission’s Notice of Proposed Rulemaking seeks comment on the following proposals to:

Remove existing, narrow restrictions on airborne use of mobile devices in the 800 MHz cellular and Specialized Mobile Radio (SMR) bands, replacing them with a more comprehensive framework encompassing access to mobile communications services in all mobile wireless bands;
Harmonize regulations governing the operation of mobile devices on airborne aircraft across all commercial mobile spectrum bands;
Add the authority to provide mobile communications services on airborne aircraft across all commercial mobile spectrum bands to existing Part 87 aircraft station licenses;
Allow mobile communications services on airborne aircraft only if managed by an Airborne Access System certified by the FAA, which would control the emissions of onboard portable electronic devices (PEDs) by requiring them to remain at or near their lowest transmitting power level; and
Limit authorization for mobile communications services to aircraft travelling at altitudes of more than 3,048 meters (approximately 10,000 feet) above the ground.

Ban on in-flight calling proposed because people talking is annoying

Although the Federal Communications Commission (FCC) voted to consider a rule change that would allow cellular phone calls during airplane flights, Department of Transportation Secretary Anthony Foxx said his department will consider banning in-flight calls. In addition Sens Lamar Alexander (D-TN) and Dianne Feinstein (D-CA) sponsored legislation called the Commercial Flight Courtesy Act to ban in-flight phone calls.

"Over the past few weeks, we have heard of concerns raised by airlines, travelers, flight attendants, members of Congress, and others who are all troubled over the idea of passengers talking on cellphones in flight -- and I am concerned about this possibility as well," Sec Foxx said. "As the FCC has said before, their sole role on this issue is to examine the technical feasibility of the use of mobile devices in flight… DOT will now begin a process that will look at the possibility of banning these in-flight calls."

FCC Adopts Rules to Make 911 Calling More Reliable

The Federal Communications Commission adopted rules to help ensure that Americans’ phone calls to 911 are delivered during disasters.

The rules are designed to improve 911 communications networks nationwide by requiring 911 service providers -- generally, the wireline phone companies that route both wireline and wireless calls to 911 call centers -- to take reasonable measures to provide reliable and resilient 911 service, as evidenced by an annual certification. The FCC also strengthened its rules to ensure that 911 service providers give 911 call centers timely and useful notification of 911 network outages. The new rules are designed to maximize flexibility for 911 service providers and account for differences in network architecture without sacrificing reliability. Accordingly, the rules require service providers to certify annually that they have either implemented industry-backed best practices or acceptable alternative measures that are reasonably sufficient in light of their particular circumstances, so long as they briefly explain those measures. The best practices cover three core areas: auditing 911 circuits for physical diversity, maintaining central office backup power, and maintaining reliable and resilient network monitoring systems. If needed, the Bureau may follow up with service providers to address deficiencies revealed by the certification process. The FCC will review these rules in five years to determine whether they are still technologically appropriate, adequate, and necessary. In addition, the FCC amended its rules to now give 911 service providers deadlines and other more specific requirements for notifying 911 call centers of outages.

Commissioners Pai and O’Rielly dissented.

FCC, cellphone carriers agree to 'unlocking' policy

Under pressure from the Federal Communications Commission, major cellphone carriers agreed to a new policy to allow customers to "unlock" their phones and switch providers. The companies agreed to the voluntary policy after FCC Chairman Tom Wheeler warned them they could face mandatory regulations if they failed to act. CTIA, the lobbying organization for the cellphone industry, said it plans to include the policy in its bylaws.

Here are the half-dozen steps to assist with consumer unlocking per CTIA’s letter to the FCC:
1. Disclosure. Each carrier will post on its website its clear, concise, and readily accessible policy on postpaid and prepaid mobile wireless device unlocking.
2. Postpaid Unlocking Policy. Carriers, upon request, will unlock mobile wireless devices or provide the necessary information to unlock their devices for their customers and former customers in good standing and individual owners of eligible devices after the fulfillment of the applicable postpaid service contract, device financing plan or payment of an applicable early termination fee.
3. Prepaid Unlocking Policy. Carriers, upon request, will unlock prepaid mobile wireless devices no later than one year after initial activation, consistent with reasonable time, payment or usage requirements.
4. Notice. Carriers that lock devices will clearly notify customers that their devices are eligible for unlocking at the time when their devices are eligible for unlocking or automatically unlock devices remotely when devices are eligible for unlocking, without additional fee. Carriers reserve the right to charge non-customers/non-former-customers a reasonable fee for unlocking requests. Notice to prepaid customers may occur at point of sale, at the time of eligibility, or through a clear and concise statement of the policy on the carrier’s website
5. Response Time. Within two business days after receiving a request, carriers will unlock eligible mobile wireless devices or initiate a request to the OEM to unlock the eligible device, or provide an explanation of why the device does not qualify for unlocking, or why the carrier reasonably needs additional time to process the request.
6. Deployed Personnel Unlocking Policy. Carriers will unlock mobile wireless devices for deployed military personnel who are customers in good standing upon provision of deployment papers.

Brian Fung at the Washington Post writes, “Everyone leaves happy, right? Not exactly.” Fung points out that the agreement leaves your carrier the sole gatekeeper for all unlocking requests. So if you're preparing to travel abroad and want to use your device on European networks, chances are your unlocking request will be turned down if you aren't already at the end of your contract.

Recap: FCC Oversight Hearing

The Communications and Technology Subcommittee of the House Commerce Committee gathered all Federal Communications Commission members for an oversight hearing. In general, there was more praise than criticism for the FCC’s work. Rep Anna Eshoo (D-CA), ranking member of the subcommittee, said FCC Chairman Tom Wheeler had 100% goodwill from the committee and she thought probably the entire Congress. FCC Commissioner Jessica Rosenworcel was praised for her E-rate advocacy, and former Acting Chair Mignon Clyburn was repeatedly hailed for her accomplishments.

The biggest controversy for new Chairman Wheeler walking into the hearing was his decision to begin a proceeding that could result in a lift in the ban on in-flight cellphone use. Chairman Wheeler was forced to defend the rulemaking by describing the FCC as a “technical agency.” “Where there is new onboard technology that eliminates the potential for interference, then there is no need for an interference rule,” said Chairman Wheeler. He went on to say that he had discussed the possible agency moves with Transportation Secretary Anthony Foxx. "I have spoken to Transportation Secretary Foxx this morning, and he has told me that yes, the FCC is the technical agency and that the Department of Transportation is the aviation agency and that they will be moving on a rule to address voice calls on airplanes," Chairman Wheeler said.

Past in-flight calls, Subcommittee Chairman Greg Walden (R-OR) blasted the FCC for failing to address “long overdue responsibilities,” such as the review of media ownership rules now nearly three years behind schedule. He also took the FCC to task for a study on reducing minority barriers to entry that he said crossed the line by investigating how broadcast stations make editorial decisions. Chairman Wheeler said that in order to determine whether there are barriers to entry, the FCC must get data, and that to collect data it needs to do studies. He said flatly that the study in question was not an effort to influence the media.
The members of the subcommittee was concerned about details and decisions that the FCC will need to make around the spectrum auction, which will provide much needed spectrum for the mobile marketplace and fund the public safety network. Chairman Wheeler promised that next month the FCC would start providing some of the information that the stakeholders need to make that decision, pointing out that "before he took this job I was in the business of doing business deals." He was a venture capitalist, and that was what the auction was. "This is a business decision that someone who has a license needs to make a decision about," he said.

Democrats wanted some assurances (and they got them) on a number of other issues, including network neutrality, making sure the agency would continue to work to expand broadband to schools through the E-rate program, and building out a next generation public safety network.

FCC Commissioner Ajit Pai said the commission shouldn’t ax its UHF discount without also considering raising its national cap on broadcast TV station ownership -- which currently bars broadcasters from owning television stations reaching more than 39% of the nation’s TV homes. “This step is long overdue, notwithstanding any change to the UHF discount,” said Commissioner Pai. “Eliminating the UHF discount would substantially tighten the national ownership limit.” Pai’s comments were quickly endorsed by the National Association of Broadcasters.

DirecTV Explores Online Video Service

DirecTV is exploring the idea of an online video service that would appeal to "price-sensitive" young people or other customers who have dropped their pay-TV service, the satellite TV firm said.

DirecTV executives told an investor meeting that the company saw online video as one of several growth areas for the next few years, also including home security and new advertising products. DirecTV Chief Executive Mike White said he wasn't thinking of competing with Netflix or replicating the pay TV bundle of channels online, but of developing "a niche" online video service with programming that appeals to specific groups of customers, such as Hispanic audiences and children. The satellite TV firm is looking for new business areas as growth in pay television slows sharply. Not only has the number of people with pay television stagnated in the past couple of years, but the growth of online video options has made it easier for people to drop pay TV service entirely. And while cable operators and phone companies sell broadband, insulating them from any shift toward online-based services, satellite TV firms are at a technological disadvantage in competing in broadband.

Benton

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