May 2015

FCC Announces Rural Broadband Experiments Support for 15 Provisionally Selected Bids is Ready to be Authorized And Releases Updated Frequently Asked Questions

The Wireline Competition Bureau of the Federal Communications Commission announces that it is ready to authorize rural broadband experiments support for the provisionally selected bids. The bids that are ready to be authorized cover 2,091 census blocks in 8 states for a total of $12,573,494.45 in support. To be authorized to receive the support, the provisionally selected bidders identified in that attachment are required to submit at least one acceptable irrevocable stand-by letter of credit and Bankrupty Code opinion letter from their legal counsel in accordance with the instructions by the applicable deadline: June 20, 2015.

Remarks of FCC Commissioner Ajit Pai at the International Institute of Communications Telecommunications and Media Forum

Today’s topic—spurring broadband investment and deployment—is critical. That’s because broadband means opportunities for innovation, job creation, and economic growth. To meet this surging demand, the private sector will have to take the risks to invest in and deploy broadband networks. And for the private sector to do this, regulators must adopt policies that welcome that investment and minimize the costs of deployment.

For years, the United States did exactly that. Most importantly, we removed regulatory barriers to infrastructure investment and created a free market for spectrum. Those policies—not government regulation—led to massive investments in networks and brought about the broadband revolution we’ve seen here. Unfortunately, however, the Federal Communications Commission has recently put our success at risk. There’s been a dramatic shift towards heavy-handed regulation of the Internet—one that has created tremendous uncertainty and is already resulting in broadband providers cutting back on investments.

Another Win for Consumers

Few things rankle consumers as much as unwanted calls and texts. Thanks to the passage of the Telephone Consumer Protection Act, consumers can choose which calls they want and do not want. Yet, in order to maintain those protections, we must continue to close loopholes and empower consumers. The responsibility to protect consumers from robocalls that can be both costly and intrusive does not expire with changes in technology. That's why I am proposing today the FCC crack down on robocalls, robotexts, and telemarketing calls -- the number one source of consumer complaints at the FCC. I am proposing that the FCC rule on more than 20 pending petitions related to consumer protection and send one clear message: consumers have the right to control the calls and texts they receive, and the FCC is moving to enforce those rights and protect consumers against robocalls, spam texts, and telemarketing. We will empower and protect consumers in a number of ways.

First, we are giving the green light for robocall-blocking technology, declaring that these market-based solutions can be offered without violating our call-completion rules. The FCC wants to make it clear: telephone companies can -- and in fact should -- offer consumers robocall-blocking tools.

Second, we close a number of potential loopholes. For example, we clarify the definition of "autodialers" to include any technology with the potential to dial random or sequential numbers. This ruling is true to Congress's intent when passing the law, and would ensure that robocallers cannot skirt consent requirements through changes in technology design. We also close the "reassigned number" loophole, making clear that consumers who inherit a phone number will not be subject to a barrage of unwanted robocalls OK'd by the previous owner of the number.

Third, we make it easier for consumers to say "no" to robocalls. People won't have to fill out a form and mail it in to stop unwanted calls and texts. Any reasonable way of saying "no" is allowed.

Yahoo must face e-mail spying class action: US judge

US District Judge Lucy Koh in San Jose (CA) ordered Yahoo Inc to face a nationwide class-action lawsuit accusing it of illegally intercepting the content of e-mails sent to Yahoo Mail subscribers from non-Yahoo Mail accounts, and using the information to boost advertising revenue. In a decision May 26, Judge Koh said people who sent e-mails to or received e-mails from Yahoo Mail subscribers since Oct. 2, 2011 may sue as a group under the federal Stored Communications Act for alleged privacy violations. She also said a class of non-Yahoo Mail subscribers in California since Oct. 2, 2012 may sue as a group under that state's Invasion of Privacy Act.

Holders of non-Yahoo Mail accounts accused Yahoo of copying and then analyzing their e-mails, including keywords and attachments, with a goal of creating "targeted advertising" for its estimated 275 million Yahoo Mail subscribers, in addition to detecting spam and malware. They sought an injunction barring the alleged interceptions, as well as damages. Yahoo in 2014 generated 79 percent of its revenue from search and display advertising. A class action can make it easier to obtain larger damages and more sweeping remedies at lower cost. The plaintiffs estimated that the nationwide class of non-Yahoo Mail subscribers has more than 1 million members. Judge Koh rejected Yahoo's arguments that some plaintiffs consented to its activity by e-mailing Yahoo subscribers even after learning how it used the information, and that the alleged injuries were too disparate to justify class certification.

Bob Schieffer is right. The decline of local media is totally terrible.

[Commentary] Outgoing CBS anchorman Bob Schieffer spent an hour with NPR's Diane Rehm and reflected on his career. In the process, Schieffer was asked to name the biggest threat to the future of journalism. He said the decline of local journalism. Here are some of Schieffer's comments: "Unless some entity comes along and does what local newspapers have been doing all these years, we're gonna have corruption at a level we've never experienced...Because there's nobody -- so many papers now can't afford to have a beat reporter. For example, many papers don't have a city hall reporter anymore. They send somebody to cover the city council meetings, but to cover city hall, you have to be there every day and you have to know the overall story, not just report whatever happens on a particular day."

Schieffer is absolutely right. Less than a third of all newspapers in the country assign a reporter -- part time or full time -- to cover statehouses, according to the Pew study. Almost nine in 10 (86 percent) of local TV stations have no part-time or full-time correspondent covering the statehouse. Although the fates of big national media organizations -- such as The Washington Post -- get most of the attention as we all try to adjust to the new editorial and business realities of journalism, the disappearance of the littler guys is actually a bigger story. Institutional knowledge -- knowing who to look at, where and when -- are not the sort of things that are easily replaced. And that's a loss for all of us who care about informing the public the best way we know how about their government and its politicians.

Wi-Fi’s Problem with LTE Over Unlicensed Spectrum

Carriers working to maintain capacity as demand for wireless broadband grows must see a big pool of unlicensed spectrum as an oasis. Cisco says global mobile traffic increased by 69 percent in 2014 and the company predicts it will increase 10-fold between now and 2019. That’s a lot of exabytes that need to be sent over the air and some carriers are looking toward moving LTE into unlicensed bands in order to handle in the influx. The idea is that LTE-Unlicensed (LTE-U) can work in tandem with LTE on licensed spectrum to open larger channels for uplink and downlink. T-Mobile and Verizon Wireless have already announced their plans to deploy the technology in the 3.5 GHz band and the 5 GHz Unlicensed National Information Infrastructure (UNII) band. The carriers have begun discussions with chipset, network and device vendors to make it possible and are eying early 2016 for initial deployments. But Wi-Fi equipment vendors and operators are concerned about LTE potentially interfering with or overpowering Wi-Fi signals, causing considerable or complete degradation to a technology upon which millions rely.

Verizon says fewer customers are purchasing battery backup for fiber home voice services

Verizon is finding that as more of its customers migrate over to FiOS or it switches copper customers onto a fiber-based voice connection, more of its customers are increasingly using their cell phones as their voice connection during a power outage. Since fiber-to-the-home (FTTH) connections are not line powered from a Central Office (CO) like those that exist on a copper-based network, customers have to purchase their own alternative power supply such as a battery, generator or an uninterrupted power supply. The service provider recently met with the Federal Communications Commission to talk about how it can ensure customer premises equipment back-up power for its fiber-based services during power outages.

"An increasing number of customers found they did not need a battery back-up solution at all, given their increased reliance on their wireless phones in the event of a commercial power outage or use of cordless telephone handsets in their home that also require power to operate," Verizon wrote in an FCC ex parte filing. "We explained that in light of these concerns, several years ago Verizon began research to develop a best-in-class consumer friendly battery back-up option for voice services." Although Verizon can't monitor the charge level from the network, the telecommunications company told the FCC that customers are used to monitoring batteries in other devices, such as smoke detectors. In order to address customers' concerns about purchasing battery back-up solutions, the service provider created its "PowerReserve" solution, which uses traditional D-cell batteries to provide about 20+ hours of back-up power for voice service, depending on the model of the Optical Network Terminal at the customer's location.

Google Play revamps its Android apps' age ratings

During the week of May 25, Google Play will revamp the way it rates apps. The Android store will abandon the low/medium/high maturity classifications it has used until now and switch to a system run by an outside body. As increasing numbers of youngsters are left alone to play with smartphones and tablets, the move will allow Google to show it takes its responsibilities seriously. But there remains the potential for confusion - and controversy. So why make the change? Google says it wants to reassure parents that apps are properly labelled by bringing in the experts rather than relying on developers to self-certify their products, as had been the case until now. Rather than use its own proprietary classifications, it will offer parents and children labels similar to those already used to provide guidance about the suitability of boxed video games for different age groups, which should be relatively familiar.

Everybody says network TV is dying. Nobody told network TV.

In 2014, it felt safe to say that broadcast network television was slowly dissipating and those presiding over it were guiding its decline. Then, in early 2015, "Empire" hit -- on the last-place network and changed the equation. It didn't behave like a network TV show was supposed to behave anymore. It debuted huge, but then its ratings kept increasing. It had the kind of impact that nowadays is usually reserved for cable shows like The Walking Dead, and it was right there on good old, reliable Fox. Network television wasn't just salvageable; it could maybe still thrive. And yet "Empire" hit so late in the traditional development cycle that no one could copy it in upcoming pilots. As such, the new fall shows -- at least based on their trailers -- feel like they were made for that world where the business model was dying, where networks had to squeeze blood from a stone.

Television is an industry in which time passes quickly, where what's hot and new becomes outdated in a second. And now the networks are headed into the fall of 2015 with a bunch of shows constructed for the fall of 2014, for a pre-"Empire" world. But what we don't look at, as we pretend everything is just normal, is the fact that all of this is speeding toward something else, and nobody quite knows what that will be. So we smile and imagine that network TV, buoyed by this one new, massive hit, is going to be just fine. It has to be.

Attorney general: Senate risking ‘serious lapse’ by stalling on NSA bill

A stalemate in the Senate is on the verge of handicapping American national security officers, Attorney General Loretta Lynch warned. “Without action from the U.S. Senate, we will experience a serious lapse in our ability to protect the American people,” she said. “I am deeply committed to ensuring that this nation protects the civil liberties of every American while also keeping our country safe and secure,” she added. “Unfortunately, some of the vital and uncontroversial tools we use to combat terrorism and crime are scheduled to shut down on Sunday.”

In addition to the controversial Section 215 of the Patriot Act, which authorizes the government to collect various business records and has been used by the National Security Agency (NSA) to collect millions of Americans’ phone records, other expiring provisions allow the government to target suspected “lone wolf” terrorists and trace disposable “burner” cellphones. The ability to tap the phones of people who routinely burn through multiple devices is something Attorney General Lynch has routinely seen “in every investigation I have ever done as a prosecutor, be it criminal or national security,” she said.