November 2015

FCC Ensures Hearing Aid Compatibility For All Wireless Voice Technologies

The Federal Communications Commission took major steps to ensure greater access to wireless communications services and handset devices for the tens of millions of Americans with hearing loss. New rules and proposed rules passed reflect a consensus-driven approach to foster accessibility for individuals who are deaf and hard of hearing while promoting innovation and investment by the wireless industry.

The action taken has two parts. First, the Fourth Report and Order expands the scope of the hearing aid compatibility rules to cover the wireless technologies of today and tomorrow. Until now, the hearing aid compatibility rules generally were limited only to handsets that used traditional cellular networks. Recognizing that wireless voice communications increasingly operate via alternative technologies, the Commission has expanded the rules to cover IP-based communications services like Wi-Fi Calling and Voice-over-LTE. In addition, the new rules will require that future technologies comply with current and future hearing aid compatibility rules, encouraging manufacturers to consider hearing aid compatibility at the earliest stages of the product design process, ensuring that consumers with hearing loss are not always trying to catch up to technology and providing industry with additional regulatory certainty.

Second, the Notice of Proposed Rulemaking seeks comment on a landmark consensus plan that would, for the first time, establish a consensus path to ensure that all wireless handsets are accessible to and usable by people who use hearing aid devices and cochlear implants. The consensus plan was developed through collaborative discussions between consumer and industry representatives. The current hearing aid compatibility rules require service providers and handset manufacturers to ensure that a specified fraction or number of their offerings are hearing aid compliant. The consensus approach would give consumers with hearing loss the same range of device choices available to any other consumer while at the same time preserving industry’s ability to innovate.

FCC Adopts 5 Items For November 2015 Open Meeting

The following items have been adopted by the Federal Communications Commission:

Accessibility of User Interfaces, and Video Programming Guides and Menus: The Commission will consider a Second Report and Order, Order on Reconsideration, and Second Further Notice of Proposed Rulemaking to provide consumers with better information about the availability of accessible devices and features, and create easier access to video programming and closed captioning on devices. (MB Dcoket No. 12-108)

Enforcement Bureau Order: The Commission will consider an Order concerning an Application for Review.

Bellizzi Broadcasting Network, Inc. Station WEYW-LP, Key West (FL): The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Bellizzi Broadcasting Network, Inc. seeking review of a Media Bureau Order on Reconsideration finding WEYW is not a qualified low-power television station.

Hawaii Public Radio, Inc. for a New Noncommercial Educational FM station at Kailua (HI), et al. The Commission : will consider a Memorandum Opinion and Order concerning Applications for Review filed by Wren Communications, Inc., Cedar Cove Broadcasting, Inc. and Kanu O Ka Aina Learning Ohana seeking review the Media Bureau’s decisions regarding NCE MX Group 510

Susquehanna Radio Corp. and Whitley Media, LLC Application for Consent to Assignment of License and Cancellation of License for DKTDK(FM), Sanger (TX): The Commission will consider a Memorandum Opinion and Order concerning Petitions for Reconsideration filed by Whitley Media and North Texas Radio Group seeking review of a Commission Order regarding the Petitioners standing to challenge the cancellation of DKTDK(FM).

Christian Broadcasting of East Point, Inc. Applications to Renew and Assign the License of DWTJH(AM), East Point (GA): The Commission will consider a Memorandum Opinion and Order concerning two
Applications for Review filed by Praise 95, Inc. and Christian Broadcasting of East Point, Inc. seeking review of a Media Bureau decision finding that the license of DWTJH(AM) had forfeited.

Chairman Wheeler Says T-Mobile's Binge On Is Pro-Competitive, Pro-Innovation

Federal Communications Commission Chairman Tom Wheeler said he thought T-Mobile's Binge On zero rating plan was the sort of highly innovative approach the FCC's new network neutrality rules were predicted to thwart, but clearly didn't. Chairman Wheeler appeared to endorse the Binge On offering, calling it pro-competitive and innovative.

"It is clear in the Open Internet order that we are pro-competition and pro-innovation and clearly, this meets both of those criteria," he said. "It is highly innovative and highly competitive." He then said that it appeared the plan does not violate the brightline no paid prioritization rule, but took something off the endorsement. He said the FCC would keep an eye on Binge On per the general conduct standard in those new Open Internet rules, which allows the FCC to look at such business models on a case-by-case basis. That rule, he elaborated, says a carrier "should not unreasonably interfere with the access to someone who is trying to get to an edge provider and an edge provider who is trying to get to a consumer. So, what we are going to be doing is watching Binge On, keeping an eye on it, and measure it against the general conduct rule."

FCC Commissioner Rosenworcel Announces Departure of Policy Advisor Valery Galasso

Commissioner Jessica Rosenworcel announced that her Policy Advisor, Valery Galasso, is departing her office at the Federal Communications Commission to head to New York. Galasso had been special assistant for legislative affairs in the office of Vice President Joe Biden when she was tapped by then-new commissioner Rosenworcel in June 2012 to be her confidential assistant and special advisor.

Chairman Wheeler and Mark Zuckerberg Have Yet to Discuss Use of Internet by Terrorists and Gangs

During a Federal Communications Commission oversight hearing in the House Communications Subcommittee on Nov 17, FCC Chairman Tom Wheeler pledged to call that day to talk with Facebook CEO Mark Zuckerberg about the use of the Internet by terrorists and gangs. That was prompted by questions, in the wake of the Paris attacks and ongoing urban violence, about whether the FCC could to anything to disrupt social media or other Internet communications used by terrorists.

Apparently, the Chairman had indeed made the call, but had yet to connect with the Facebook founder, though the source added their staffers have engaged on the issue. But Chairman Wheeler made clear during the hearing that the FCC does not regulate edge providers, and apparently understands that Facebook works aggressively to make sure terrorists and terrorist groups are not using their site, removing content that supports them. Facebook's policy, "clarified" back in March in an update to its community standards, is that no organization involved in "terrorist activity or organized criminal activity" can have a Facebook page, in addition to removing any content that "expresses support for groups that are involved in [that] violent or criminal behavior. Supporting or praising leaders of those same organizations, or condoning their violent activities, is not allowed."

FTC-FCC Agreement May Pave Way for Broadband Issues

The Federal Communications Commission and the Federal Trade Commission signed a Memorandum of Understanding to affirm the agencies’ ongoing cooperation on consumer protection matters. Although the collaboration is focused on "joint enforcement" actions in such areas as abusive telemarketing tactics (like robocalls) and privacy issues related to Customer Proprietary Network Information (CPNI) for telephone carriers, the two agencies envision expanded activities on additional communications fronts, possibly including broadband.

For example, the FCC will become a member and data contributor to the Consumer Sentinel Network, sharing relevant consumer complaints. The CSN is a secure FTC online database that provides law enforcement agencies access to millions of consumer complaints that are submitted to the FTC and other agencies. The alliance may also become a factor in the FCC's new broadband privacy rulemaking procedure, expected to be unveiled in early 2016. FCC Chairman Tom Wheeler had originally planned to start the rulemaking by the end of 2015.

AT&T seeks experimental license for technology in 3.5 GHz region

AT&T Laboratories is asking the Federal Communications Commission to grant it an experimental license to test antenna technology manufactured by Tarana Wireless. AT&T wants to test the Tarana AbsoluteAir2 CN1 and CN6 concentrator node models with two edge node radio models. The radios will be installed and tested by AT&T Laboratories personnel using microwave radio and digital communications test equipment, the application states. AT&T's application calls for using 3300 MHz to 3650 MHz. Each radio will use a digitally modulated 10 MHz, 20 MHz or 40 MHz channel in the band.

Much of the experimentation will be centered around the evaluation of the integrated adaptive antenna system in a non-line-of-sight (NLOS) environment, according to the application, so the exact antenna gains and beamwidths to be realized are unknown. However, it also says the maximum gain of any antenna deployed will not exceed 18 dBi. AT&T plans to distribute the radio units at various outdoor locations around the AT&T Labs facility in Middletown (NJ) Radios will be mounted on rigid masts not to exceed a height of 40 feet above the ground level or on building rooftops no more than 10 feet above the roof. Tarana, which was founded in 2009 by a team of engineering researchers associated with the University of California, Berkeley, unveiled in February 2013 its plans to bring to market what it described as the world's first universal small cell backhaul solution designed to meet all mobile carrier requirements and to be deployed anywhere small cells are located.

Broadcasting Board of Governors Asks Congress for More CEO Power

The board chair and CEO of the Broadcasting Board of Governors asked Congress to give that CEO position more power and BBG more flexibility to fund its operations. That came in testimony before the Senate Foreign Relations Committee, which is considering possible reforms to BBG. BBG oversees government backed international media outlets including Voice of America, Radio Free Europe/Radio Liberty and the Middle East Broadcasting Networks. Testifying were new CEO John Lansing, former president of Scripps Networks, and Jeff Shell, BBG board chair and, in his day job, chairman of Universal Filmed Entertainment Group.

In his testimony, Shell said BBG had already given Lansing as much power as it could "legally delegate" to Lansing, recognizing there was so only so much a board whose members all had other jobs, could do. "First, and foremost, we need the Congress to fully enshrine the CEO as the operational lead at BBG," he said, including the power to redirect resources without having to go to the full board every time for a vote. Currently the board can't delegate that spending authority, which means not a penny can be shifted, "even under the most urgent of circumstances," without that board vote. He also said BBG needs to be able to get funding, either from other agencies or from its own fund, to support "surges," when it is asked to shift its resources quickly to hot spots.

Your Phone Knows What You Watch On Tv

The TV is on in the background, and you’re replying to a quick e-mail on your phone nearby. You don’t know it, but the devices are communicating. During a commercial, the TV emits an inaudible tone and your phone, which was listening for it, picks it up. Somewhere far away, a server makes a note: Both devices probably belong to you. This information about which devices belong to whom is immensely valuable to advertisers hoping to target ads specifically to you.

In a simpler time, targeted marketing was easy. Most people had a computer at work and maybe another at home. Now, between laptops, phones, tablets, wearables, and Internet-enabled cars and TVs, advertisers have access to more information than ever before for ad targeting. They just need to figure out which devices live under the same roof. That’s harder than it sounds. Unless you’re logged into a service on all your devices-- for example, by using Google’s various services everywhere -- advertisers need to get creative to stitch together a portrait of you. Verizon’s “supercookies” -- a snippet of code injected into mobile users’ web requests -- silently identify and track its customers, sharing the information with AOL’s wide-reaching ad network. Vizio Smart TVs tie customers’ viewing habits to a home Internet address and sell the information to advertisers. And both programs require customers, who are often unaware of the programs, to opt out of them if they don’t wish to be tracked. But a newer method of cross-device tracking wanders into the realm of science fiction. According to a filing from the Center from Democracy and Technology, a digital human rights and privacy advocacy organization, companies have figured out how to use inaudible sounds to establish links between devices.

A Future for Public Broadcasting

[Commentary] When there were only three networks, there was a role for Public Broadcasting -- PBS in the US. In Britain, there was ONLY public broadcasting once -- The BBC. Today, there are hundreds of channels -- and millions once online video really takes off. Is there any longer any purpose for public broadcasters? There are plenty of channels to choose from -- infinite once you include Amazon, Netflix, Apple TV (and we're just getting started with those). Yes, The BBC makes some great programs -- period dramas, documentaries, news. It certainly has a role as a produce of content -- as a production studio, but frankly (and since they don't even sell ads), what is the point of having a public broadcaster? Who cares if you watch Blue Planet on PBS or The BBC (where its free) or on National Geographic (where they actually PAY The BBC for their work!) If we don't really have a broadcasting role for PBS or any other public broadcaster, then what are they good for?

Here's an interesting idea: Education. Not educational broadcasting (which tends to be rather unwatchable), but rather educating the public in what we might call television or video literacy. What Public Broadcasting could do is to become the video education center (or centre as we say at The BBC) for the world. Like the monks in the pre Gutenberg world, they have been tiny islands of literacy in a sea of illiteracy -- video illiteracy. This could be the greatest revolution in creativity in 500 years. As anyone at PBS or The BBC can tell you, great storyteling in video is more than just pointing a camera at someone and hitting the record button. It takes a certain skill -- in writing, in videography, in editing. The tools to do that are in 3 billion hands. What they are lacking is the training. This is a task worthy of public broadcasting.

[Michael Rosenblum is the founder of Current TV]