1. Monthly archive
  2. September 2016

September 2016

FCC Strengthens Wireless Emergency Alerts As A Public Safety Tool

The Federal Communications Commission adopted rules to update and strengthen Wireless Emergency Alerts (WEA), a system that delivers critical warnings and information to Americans on their wireless phones. The updated rules are intended to promote the wider use and effectiveness of this lifesaving service, especially for state and local authorities to convey important information to their communities.

Since its launch in 2012, WEA has informed the public about severe weather, missing children, and other emergencies through alerts to their wireless phones. Now that stakeholders have four years’ experience with the service, and in light of its real-world use and technological advancements since the FCC adopted technical and procedural requirements for WEA in 2008, the agency has updated its rules. In a Report and Order adopted Sept 29, the FCC took action to improve WEA message content, help ensure that the messages reach only those people for whom an alert is relevant, and establish a WEA testing program that will improve the effectiveness of the system for public safety officials and the public.

The updated rules will:

  • Increase the maximum length of WEA messages (from 90 to 360 characters) for 4G LTE and future networks;
  • Require participating wireless providers to support inclusion of embedded phone numbers and URLs in all WEA alerts, including WEA AMBER alerts, which will enable the public to click to see a photo or to call authorities;
  • Require participating wireless providers to deliver the alerts to more granular geographic areas;
  • Create a new class of alerts (“Public Safety Messages”) to convey essential, recommended actions that can save lives or property (e.g. emergency shelter locations or a boil water order);
  • Require participating wireless providers to support transmission of Spanish-language alerts; and
  • Make it easier for state and local authorities to test WEA, train personnel, and raise public awareness about the service. Commissioner O’Rielly dissenting in part.

FCC Proposes Rules To Increase Availability Of Diverse And Independent Progamming To Consumers

The Federal Communications Commission issued a Notice of Proposed Rulemaking to foster consumer choice and access to diverse programming on television.

The proposed rules may prohibit the use of certain clauses in pay TV programming distribution contracts that impede carriage of independent and diverse programming. Specifically, the proposed rules would prevent pay TV providers from including so-called “unconditional” most favored nation (MFN) and “unreasonable” alternative distribution method (ADM) clauses in their contracts with independent programmers. An “unconditional” MFN clause entitles a pay TV provider to receive favorable contract terms that a programmer has given to another programming distributor, without requiring the pay TV provider to assume any corresponding obligations from the other distribution agreement. An ADM clause generally prohibits or limits a programmer from putting its programming on alternative video distribution platforms, such as online platforms. The FCC seeks comment on the specific kinds of ADM clauses that it should prohibit as unreasonable.

The proposed rules are a result of the input received from an inquiry the FCC opened into the state of diversity in the video programming market. The FCC held two workshops on the issue to examine the state of the video marketplace, challenges faced by distributors of video programming, and marketplace obstacles that affect the provision of independent and diverse programming to consumers.

Chairman Wheeler, Commissioners Clyburn and Rosenworcel approving. Commissioners Pai and O’Rielly dissenting.

FCC Streamlines Foreign Ownership Rules and Procedures for Broadcast and Common Carrier Licenses

The Federal Communications Commission adopted rules to extend to broadcast licensees the same streamlined rules and procedures that common carrier wireless licensees use to seek approval for foreign ownership, with appropriate broadcast-specific modifications. The FCC also reformed the methodology for publicly traded broadcast and common carrier licensees and controlling U.S. parents to assess compliance with the statutory foreign ownership limits.

The Communications Act establishes a 25 percent benchmark for foreign investment in U.S.-organized entities that control a U.S. broadcast, common carrier, or aeronautical fixed or en route radio licensee. Licensees must obtain FCC approval before foreign ownership exceeds 25 percent. The substantive review by the FCC of proposed, aggregate foreign ownership above 25 percent will stay in place. As a result, the rules modernize the foreign ownership filing and review processes so they are better adapted to the current business environment.

The FCC adopted the rules on a 5-0 vote.

FCC Announces Reauthorization of its Intergovernmental Advisory Committee and Solicits Nominations for Membership on the Committee

The Federal Communications Commission announces the reauthorization of the Intergovernmental Advisory Committee (“IAC”) and solicits nominations for membership on the IAC.

The current term of the IAC expired on July 14, 2016. The term of operations for the reauthorized IAC will be limited to two years, with an option for reauthorization at the end of the two-year period, and will commence with its first meeting. Nominations for membership are due by December 5, 2016.

The mission of the IAC is to provide advice to the FCC on the many telecommunications issues affecting local, state and Tribal governments that are within the jurisdiction of the FCC. These issues can range from major FCC policy priorities such as broadband adoption and deployment, especially in unserved and underserved rural areas and Tribal lands, strengthening public safety communications infrastructure and emergency response capabilities, streamlining facilities siting, while respecting public rights-of-way, monitoring the transition from “legacy” telecommunications services to emerging wireline networks and wireless networks, and ensuring the effectiveness and efficiency of the universal service programs.

Four state attorneys general sue to stop Internet transition

Republican attorneys general in four states are filing a lawsuit to block the transfer of Internet domain systems oversight from the US to an international governing body. Texas Attorney General Ken Paxton, Arizona Attorney General Mark Brnovich, Oklahoma Attorney General Scott Pruitt, and Nevada Attorney General Paul Laxalt filed a lawsuit on Sept 28 to stop the White House's proposed transition of Internet Assigned Numbers Authority (IANA) functions.

The state officials cite constitutional concerns in their suit against the National Telecommunications and Information Administration, US government and the Department of Commerce. “The Obama Administration’s decision violates the Property Clause of the US Constitution by giving away government property without congressional authorization, the First Amendment to the US Constitution by chilling speech, and the Administrative Procedure Act by acting beyond statutory authority,” a statement released by Paxton’s office reads. The attorneys generals claim that the US government is ceding government property, pointing to a Government Accountability Office (GAO) review that “concluded that the transition does not involve a transfer of US government property requiring Congressional approval.” AG Paxton also echoed Sen Ted Cruz's (R-TX) warnings that the transition could harm free speech on the Internet by giving Russia, China and Iran a voice on the international governing body that would oversee internet domain systems.

“Trusting authoritarian regimes to ensure the continued freedom of the internet is lunacy,” AG Paxton said. “The president does not have the authority to simply give away America’s pioneering role in ensuring that the Internet remains a place where free expression can flourish.”

Broadband Speed Tiers: Should You Eliminate Them as a Usage Based Billing Strategy?

Broadband carriers spend a lot of effort emphasizing broadband speed tiers with their marketing efforts. There is a never ending speed race, with carriers trying to outdo each other with their broadband speed tiers. Is there a better approach? One that focuses on experience versus speed and bills subscribers based on usage, not speed? This was an interesting approach discussed on the Usage Based Billing Strategy panel at NTCA’s Fall Conference.

Instead of emphasizing speed, why not emphasize a better broadband experience that delivers all the applications customers want, and base their monthly billing on their amount of broadband usage. It’s a bit of a paradigm shift that’s broader than just about shifting to a usage based billing strategy. Most current usage based billing programs still emphasize and lead with speed when marketing the service. Metered broadband or usage caps are an afterthought, oftentimes based on the speed tier selected. In this new approach, the thought is, don’t lead with speed at all. In fact, maybe offer all customers the most speed you can offer, without even emphasizing it.

Trump was briefed on Russian involvement in DNC attacks before debate

Intelligence officials told Donald Trump they had “high confidence” that Russia was behind the hacks of several Democratic organizations, including the Democratic National Committee (DNC), before the Republican presidential nominee said during the first presidential debate of 2016 that no one knew Moscow was involved.

After Democratic nominee Hillary Clinton said during the debate that Russia perpetrated the attacks, Trump said he was not certain. “She’s saying, 'Russia, Russia, Russia,' but I don’t know. Maybe it was. It could be Russia, but it could also be China. It could also be lots of other people. It could also be someone sitting on their bed that weighs 400 pounds,” Trump said. It is widely believed in the intelligence community that Russia was behind the attacks. More than a year ago, officials briefed members of Congress that Russia was trying to attack Democratic groups. Later, officials warned the groups they were likely to be under attack, although they omitted crucial details to preserve active intelligence-gathering operations.

What President Obama Did for Tech: Transparency and Open Data

Before “open data” became a catchphrase for innovation, there was Data.gov, the first open data portal for federal agencies. Under the direction of President Barack Obama and the guiding hand of US CIO Vivek Kundra, the site went live in 2009. It was the first platform to deliver federal data to citizens, civic hackers, academics and anyone else seeking insights from government information.

In the beginning, it could arguably be described as an experiment. Yet its growth soon became an inevitability as the Obama Administration, along with bipartisan research and transparency groups, latched on to the site as a persuasive tool to drive policy with data. The site has gone on to publish more than 180,000 data sets from federal agencies, embracing a belief long held by successful companies like Google and Amazon that information supersedes the heated emotions and rhetoric of politics. It’s this idea that fueled the president’s 2013 executive order urging agencies to make open data a default practice. Since then, the White House has leveraged technology and data to find solutions to a host of pressing societal problems. Some of these prominent works have included the Police Data Initiative, which partners with police departments to publish crime data, the Opportunity Project, which publishes open data apps to assist citizens, and coordination of the National Day of Civic Hacking, an event that encourages data-driven hackathons in communities in all 50 states.

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