December 2013

In a recent op-ed, the Competitive Carriers Association (CCA) again called for auction limits to “prevent the two dominant wireless carriers from blocking competitors’ access to low-frequency spectrum.” The problem, according to CCA, is that AT&T and Verizon control a significant portfolio of low band spectrum. CCA specifically identifies three member companies -- Bluegrass Cellular, Cellcom, Cellular One -- that “are anxious to further expand in rural America, and they need low-frequency spectrum to do so.” As with so many arguments in the high band/low band spectrum debate, these arguments are made without much reliance on facts. So, let’s look at some relevant facts, starting with the three member companies CCA identifies in support of their argument:

• Bluegrass Cellular – Bluegrass Cellular won both 700 MHz B and C block licenses at auction. All told, it holds 15 700 MHz licenses. Bluegrass is also leasing some upper 700 MHz C block spectrum from Verizon as part of the “LTE in Rural America” program (which is a funny way to “block” competitive access to spectrum). Finally, Bluegrass Cellular, through affiliated partnerships, holds a number of 850 MHz cellular licenses. In short, Bluegrass has a robust portfolio of low band spectrum. Indeed, given its 700 and 850 MHz portfolio, it is likely that, if T-Mobile’s proposed auction restrictions were adopted, Bluegrass’ auction participation would be restricted in some markets.
• Cellcom – we assume this refers to New Cell, Inc., which does business as Cellcom, who is an investor in Nsighttel Wireless, LLC and Nsight Spectrum, LLC. Nsight won two 700 MHz licenses in Auction No. 73 and acquired an additional 700 MHz license on the secondary market. Like Bluegrass Cellular, Cellcom also leases 700 MHz spectrum as a participant in the LTE in Rural America program. Nsight Spectrum also holds two cellular licenses and has two affiliated partnerships (Wisconsin RSA No. 4 Limited Partnership and Wisconsin RSA-10 Limited Partnership) that hold cellular licenses. Like Bluegrass, this company already has access to low band spectrum in both 850 and 700 MHz.
• Cellular One – we assume this refers to MTPCS, a CCA board member that does business as “Cellular One.” MTPCS is owned by Alta Communications, which also has controlling interests in Central Louisiana License Co. and TX-10 Licensee Co., companies that hold five 850 MHz cellular licenses between them. MTPCS is also a part of Verizon’s LTE in Rural America program, and it holds a long term lease of 700 MHz C block spectrum.

In short, the very companies CCA argues lack, and therefore need, low band holdings in fact have low band holdings and have readily acquired those licenses at auction, on the secondary market and through lease arrangements with other licensees. There is simply no evidence that they have been blocked in any way from gaining access to low-frequency spectrum.

[Commentary] On Dec 5, 2013, President Barack Obama assured a packed audience at American University that the National Security Agency is "not interested in reading your emails" and "they're not interested in reading your text messages." He then admitted that Edward Snowden's disclosures had revealed areas "of legitimate" concern, but that the reaction to the disclosures has been "highly sensationalized" and "painted in a way that is not accurate."

Every day, we are losing stories that could have been told and narratives that might have been shared because of our government's unbridled surveillance powers. Whether or not NSA employees themselves are "interested" in reading text messages does not change the fact that they can, and the checks and balances that should in principle limit their ability to do so have failed to work. On this point, President Obama spoke very carefully, observing that "the courts and congress" have "the capacity" to prevent abuses of power. Thankfully, many Americans are not fooled. On December 6, a coalition of civil society organizations, including PEN American Center, pressed for ECPA reform to require government agencies such as the FBI to seek a warrant to access information in the cloud and not just a subpoena.

[Deji Olukotun is the Ford Foundation Freedom to Write Fellow at PEN American Center]

MapLight analysis of campaign contributions from political action committees (PACs) and individuals from the top 20 intelligence services contractors working with the Department of Defense, ranked by total value of contracts received, to members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence.

• In total, members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have received $3.7 million from top intelligence services contractors since January 1, 2005.
• Members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence from Maryland -- home of NSA headquarters -- led the committees in money received from top intelligence contractors. Rep C.A. "Dutch" Ruppersberger (D-MD) is the largest recipient, having received $363,600 since January 1, 2005. Sen Barbara Mikulski (D-MD) is the second largest recipient, having received $210,150.
• Republican members of House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have received $1.86 million since January 1, 2005, while Democrat members have received $1.82 million over the same time period.
• Members of the House Permanent Select Committee on Intelligence have received $2.2 million since January 1, 2005 from top intelligence services contractors, while members of the Senate Select Committee on Intelligence have received $1.5 million.
• Lockheed Martin has given $798,910 to members the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence since January 1, 2005, more than any of the other top 20 intelligence service contractors. Northrop Grumman has given $753,101, the second highest amount, and Honeywell has given $714,913, the third highest amount.

Code.org’s Hour of Code initiative, which kicks off this week, has received endorsements from no less than President Barack Obama, Apple, Facebook, and Microsoft. Hour of Code seeks to motivate students at 33,000 schools to give programming a try by using tutorials on the site or by attending sessions at locations like Apple or Microsoft retail stores. Hour of Code is part of Computer Science Education Week (CSEW), which started in 2009 and begins on Monday, Dec 9. The hour of coding isn’t meant to be at any particular time; it's simply a block of time for encouraging children to engage with programming at some point during the week.