March 2017

FCC Acts To Promote Public Safety By Curbing Prison Inmates' Use Of Contraband Wireless Devices

The Federal Communications Commission adopted rules to simplify the process for Contraband Interdiction Systems (CIS) operators to obtain FCC Authorization to operate, allowing for quicker and easier deployment of these systems in correctional facilities. Specifically, this Order introduces a range of solutions including:

  • FCC Authorization Process: The rules adopted today will streamline the process so CIS operators can obtain authorizations faster and with fewer filings.
  • Carrier Cooperation: A CIS operator must have arrangements with every carrier providing service in its area in order for the system to be effective. The rules will require wireless carriers to cooperate with CIS operators and correctional facilities in a timely manner.
  • FCC Ombudsperson: The Commission will designate an Ombudsperson to serve as the single point of contact for CIS operators and wireless carriers

FCC Acts To Improve Video Relay Service To Help Americans With Hearing And Speech Disabilities

The Federal Communications Commission approved new rules to improve the quality and efficiency of video relay services. Video relay services (VRS) enable people who are deaf, hard-of-hearing and speech disabled to make calls over broadband through intermediaries using American Sign Language and a videophone. These changes respond to requests from VRS users for improved relay services – and a more robust marketplace of service providers – that are functionally equivalent to those available to hearing individuals.

Specific provisions of the new rules include:

  • Specialized Interpreters: The FCC authorizes, on a trial basis, routing VRS calls that require the use of legal, medical, and computer support terminology to interpreters who have special skills in interpreting these technical conversations, and bringing in qualified deaf interpreters to help on calls from people with limited ability in signing or comprehension.
  • Comparison Shopping for VRS Companies: The FCC will begin taking action to publish providers’ speed-of-response history to help consumers make informed choices when shopping among providers. The FCC will also explore the development of new service quality data to help consumers make informed choices.
  • Direct Video Calls with Hearing People: Video phone numbers will be made available to hearing people who know American Sign Language, so they can have direct-dialed video calls with deaf consumers.
  • At-Home Interpreting: The Order authorizes a pilot program for VRS calls to be handled from home-based work stations under strict requirements to maintain call quality and confidentiality.

FCC Enables Investments In And Provisioning Of Mobile Broadband Services In The 800 MHZ Cellular Band

The Federal Communications Commission moved to reform certain outdated rules applicable to the 800 MHz Cellular Service band to facilitate the use of Cellular spectrum for mobile broadband services such as long term evolution (LTE), which provides high-speed connectivity to today’s mobile consumers. To accommodate continued skyrocketing demand for mobile broadband, the revisions will allow providers to use Cellular spectrum to provide mobile broadband service to the public more efficiently, reduce barriers to innovation and investment and ease administrative burdens. At the same time, the rules will continue to safeguard public safety operations.

Specific reforms include:

  • Power Reform: The FCC will facilitate broadband technologies by changing its technical rules to permit Cellular licensees to transmit the same amount of power across the spectrum band, whether they are deploying a legacy (narrow bandwidth) technology or modern (wider bandwidth) technology like LTE.
  • Co-existence with Public Safety: The FCC will continue to ensure co-existence of Cellular and neighboring public safety systems by retaining Cellular-specific interference resolution rules and procedures and by engaging stakeholders via a public forum.
  • Consistent Treatment with Similar Spectrum Bands: The FCC will treat Cellular spectrum consistently with other similar commercial wireless spectrum bands by conforming rules related to power measurement, out of band emissions, field strength, and discontinuance of operations.
  • Unnecessary rules/burdens: The FCC will eliminate unnecessary rules and burdens related to application filings, domestic and international coordination, and comparative renewal.

FCC Proposes To Eliminate And Streamline Burdensome International Reporting Requirements

The Federal Communications Commission took steps to streamline and eliminate certain international reporting requirements. Specifically, the Commission proposes to eliminate the annual Traffic and Revenue Reports, and seeks comment on whether there are ways to further streamline the Circuit Capacity Reports. The Commission believes these reports may no longer be necessary in their current form.

The Notice of Proposed Rulemaking (NPRM) adopted today proposes to eliminate the Traffic and Revenue Report as the costs of the data collection – which are significant for both filers and the Commission – now exceed the benefits of the information. The NPRM also seeks comment on streamlining and improving the reporting requirements for the Commission’s Circuit Capacity Reports. Providers of international telecommunications services are required to file annual reports identifying submarine cable, satellite, and terrestrial capacity between the United States and foreign countries.

FCC Expands Channel Sharing Opportunities For Broadcasters

The Federal Communications Commission adopted a Report and Order that expands broadcast stations’ ability to share a single TV channel so viewers can continue to receive their broadcast programming.

The ability to channel-share is an important component of the FCC’s incentive auction, mandated by Congress in 2012, which provides a voluntary opportunity for full power and Class A broadcast stations to relinquish their spectrum and share a channel with another full power or Class A broadcaster in exchange for a part of the proceeds from a related mobile wireless auction. Separately, the Commission in 2015 extended channel sharing to low power television (LPTV) and TV translator stations to help stations displaced by the incentive auction stay on the air. The Order permits television broadcast stations with an auction-related channel sharing agreement (CSA) to continue channel sharing by entering into a new CSA in the event that their existing agreement ends. This enables stations to continue providing service to their viewers. The new rules also permit Class A stations to channel share outside of the auction context. Additionally, all LPTV and TV translator stations are now able to share a channel with a full power or Class A station. This flexibility gives LPTV and TV translator stations that are displaced by the auction repacking process more options for continuing to operate. It also may reduce construction and operating costs for LPTV and TV translator stations, many of which have limited resources, are minority-owned, or provide programming to underserved audiences.

Read President Trump's Interview With TIME on Truth and Falsehoods

I predicted a lot of things, Michael. Some things that came to you a little bit later. But, you know, we just rolled out a list. Sweden. I make the statement, everyone goes crazy. The next day they have a massive riot, and death, and problems. Huma [Abedin] and Anthony [Weiner], you know, what I tweeted about that whole deal, and then it turned out he had it, all of Hillary’s email on his thing. NATO, obsolete, because it doesn’t cover terrorism. They fixed that, and I said that the allies must pay. Nobody knew that they weren’t paying. I did. I figured it. Brexit, I was totally right about that. You were over there I think, when I predicted that, right, the day before. Brussels, I said, Brussels is not Brussels. I mean many other things, the election’s rigged against Bernie Sanders. We have a lot of things…. I’ll give you the front page story, and just today I heard, just a little while ago, that Devin Nunes had a news conference, did you hear about this, where they have a lot of information on tapping. Did you hear about that? Now remember this. When I said wiretapping, it was in quotes. Because a wiretapping is, you know today it is different than wire tapping. It is just a good description. But wiretapping was in quotes. What I’m talking about is surveillance. And today, [House Intelligence Committee Chairman] Devin Nunes just had a news conference.

Chairman Nunes Puts Credibility of House Panel He Leads in Doubt

Rep Devin Nunes (R-CA), the chairman of a House panel investigating Russian interference in the presidential election, may have dealt his own inquiry a fatal blow.

Armed with intelligence that some Republicans said bolstered President Trump’s widely disputed claim of being wiretapped by the Obama administration, Chairman Nunes bypassed Democrats and went directly to the White House. The new information, Chairman Nunes said, showed that American intelligence agencies monitoring foreign officials may have “incidentally” picked up communications of Trump transition team members. The move angered Democrats who said that Nunes’s attempt to buttress Trump’s accusation raised questions about his ability to conduct an impartial bipartisan investigation. The House Intelligence Committee’s top Democrat, Rep Adam Schiff (D-CA), issued a challenge, saying that Chairman Nunes had to decide whether he was chairman of an independent investigation or “is going to act as a surrogate of the White House, because he cannot do both.”

Proven wrong, President Trump borrows a defense from the media

[Commentary] President Donald Trump contended in his conversation with Time's Washington bureau chief, Michael Scherer, that although some of his assertions are not precisely true, they are substantially true. Ironically, the substantial-truth defense is borrowed from the news media — the “opposition party,” according to the White House — which sometimes uses it to win libel cases.

Trump's argument was similar to the one presented by the A&E cable channel in a 2011 libel case brought by a Colorado prisoner named Jerry Lee Bustos. On an episode of “Gangland,” A&E labeled Bustos a member of the Aryan Brotherhood gang. In fact, Bustos was not a member. In Trump's case, the question is: What's the difference between saying something bad happened in Sweden Feb. 17 when the truth is that something bad happened Feb. 20? Now, let's remember that Trump spoke Feb. 18 — before the riot. He didn't misstate the date of a past incident; he referred to an incident that hadn't occurred, then got lucky (if you can call it that) when an incident two days later fit his extremely vague description. Let's also remember that a defense that can save you in federal court might not — and perhaps should not — save you in the court of public opinion. People rightfully expect media companies to report precise truth, not merely substantial truth. It is reasonable to hold the president to the same standard.