Federal Communications Commission

The Federal Communications Commission has taken steps to strengthen the Emergency Alert System (EAS) by proposing revisions to EAS rules to address problems encountered during the first nationwide test of the EAS.

Specifically, in light of the lessons learned from the nationwide EAS test, which occurred on November 9, 2011, this Notice of Proposed Rulemaking proposes to: 1) establish a national location code for EAS alerts issued by the President; 2) amend FCC rules governing a national EAS test code for future nationwide tests; 3) require broadcasters, cable service providers, and other entities required to comply with the Commission’s EAS rules (EAS Participants) to file test result data electronically; and 4) require EAS Participants to meet minimal standards to ensure that EAS alerts are accessible to all members of the public, including those with disabilities.

The Federal Communications Commission has released its latest reports on Internet access service connections and local telephone services in the United States. Titled Internet Access Services and Local Telephone Competition, respectively, the reports are based on data submitted by service providers every six months. The reports include data collected by the FCC through June 30, 2013.

Highlights from the reports include the following:

• The number of connections with downstream speeds of at least 10 Mbps increased by 118% over June 2012, to 103 million connections, including 58 million fixed connections and 45 million mobile connections.
• Growth is particularly high in mobile Internet subscriptions. The number of mobile subscriptions with speeds over 200 kbps in at least one direction grew to 181 million -- up 18% from June 2012.
• In voice services, there were 90 million end-user switched access lines in service, 45 million interconnected VoIP subscriptions, and 306 million mobile voice subscriptions, or 441 million retail local telephone service connections in total as of June 30, 2013.
• Over the three years between June 2010 and June 2013, interconnected VoIP subscriptions increased at a compound growth rate of 16%, mobile voice subscriptions increased at a compound annual growth rate of 3%, and retail switched access lines declined at 10% a year.

The Federal Communications Commission made history by adopting rules for the first-ever Incentive Auction. Robust participation by broadcasters will be critical to the success of the auction.

The auction is a risk-free, once-in-a-lifetime opportunity for broadcasters, but the decision of whether or not to participate is completely voluntary and confidential. We recognize that spectrum auctions are new for most broadcasters, and that we owe them additional information before the Incentive Auction.

As anyone who’s made a major sale or purchase knows, having more information leads to better decisions. First, we’re providing an updated estimated timeline of Commission actions leading up to and after the auction.

Importantly, this timeline details steps broadcasters will need to take to participate in the auction.

Second, this summer, we will distribute informational material to help inform broadcaster decision-making. This material will provide an estimate of the amount of money broadcasters could receive for voluntarily relinquishing some or all of their spectrum rights in the auction. It will also contain additional information about why broadcasters should consider participating in the reverse auction, and the options that the auction will present to them.

Third, we will conduct webinars to explain the rules for the Incentive Auction. Fourth, as we near the Incentive Auction, Commission experts will hold additional webinars and travel across the country to demonstrate to interested broadcasters how to participate, including providing hands-on bidding demonstrations.

The Internet has levelled the playing field so that consumers can access the best products for the cheapest price, and anyone who wants to compete for their business can do so quickly and easily. To borrow from Adam Thierer, broadband has made it easier for entrepreneurs to innovate without first asking the government’s permission.

What makes all this digital innovation possible? Broadband infrastructure -- and a lot of it. Since the Telecommunications Act of 1996, telephone companies, cable operators, and wireless providers have invested more than $1.2 trillion to deploy broadband to the American public, with more than $68 billion invested in 2012 alone. For those keeping score, that’s one trillion dollars more than the Universal Service Fund has ever distributed, and about $60 billion more than it distributed in 2013.

Aside from the mechanics of implementing Title II, we need to ask a more basic question. Where would Title II regulation lead? One good indication is to compare the results produced by the American regulatory model to those of a more intrusive regulatory model: Europe’s. Rather than taking a light-touch regulatory approach to broadband, the European model treats broadband as a public utility, imposes telephone-style regulation, and purports to focus on promoting service-based (rather than facilities-based) competition.

Why would we ever want to abandon our regulatory model for Europe’s? Those of us who support light-touch regulation of the Internet should engage in this debate and take our case to the American people. Should a carrier like T-Mobile be able to respond to consumer demand by offering free music to its customers? We say yes, but those who support Title II regulation say no. Is it good for competition when a carrier like T-Mobile is able to differentiate itself from its competitors and offer innovative service plans? Again, we say yes, but those who support Title II regulation say no.

Andrew Woelfling, a top aide to Rep John Dingell (D-MI), has been appointed as Deputy Director of the Federal Communications Commission’s Office of Legislative Affairs (OLA).

His appointment becomes effective on June 30.

Said OLA Director Sara Morris, “Andrew’s firm grasp of communications and consumer protection issues along with his invaluable experience in congressional affairs will help ensure good communications between the FCC and Capitol Hill.”

Woelfling currently serves as Rep Dingell’s Deputy Chief of Staff and Legislative Director. His major areas of legislative and policy focus have included consumer protection, the upcoming 600 MHz broadcast incentive auction, and federal spectrum policy.

Prior to working for Rep Dingell, Woelfling was a professional staff member on the House Commerce Subcommittee on Commerce, Trade, and Consumer Protection, chaired by Rep Bobby Rush (D-IL). He also worked at the Motor and Equipment Manufacturers Association and DaimlerChrysler in each organization’s government affairs divisions.

As a result of the Federal Communications Commission’s crackdown, and after more than 58 years of providing service to Central Nebraska and Northern Kansas, KHAS in Hastings, Nebraska went dark on June 13.

That same day, KNDX in Bismarck, North Dakota and KXND in Minot, North Dakota also went off the air because of the Commission’s decision.

Before the Commission’s restriction on JSAs, agreements were in place to save these three stations: KHAS, an NBC-affiliate, was slated to be purchased by Excalibur Broadcasting; and, KNDX and KXND, FOX affiliates. These transactions, however, were blocked by the Commission’s new rules prohibiting the use of JSAs in these markets. So what has the Commission’s JSA crackdown yielded?

Gray Television’s KMOT is now serving as the NBC affiliate and FOX affiliate for Minot through its use of multicast channels, while KXND has gone out of business. And that is not all. Gray Television has also announced that three more stations -- KXJB in Fargo, North Dakota; KAQY in Monroe, Louisiana; and KJCT in Grand Junction, Colorado -- will soon go dark because of the Commission’s JSA restrictions. Their programming will be transferred to Gray stations in those markets.

As a result, Gray Television will earn a greater share of local advertising revenue in Hastings, Bismarck, Minot, Fargo, Monroe, and Grand Junction than would have been the case with the JSAs that were originally proposed. Are these the victories for competition that critics of sharing agreements were hoping to see? Or has the real goal all along just been to drive television stations off the air?

The Commission’s Office of Engineering and Technology (OET) is requesting comment on the 45-day public trial of Comsearch’s TV bands database system that was completed on April 9, 2014.

This database system is designed and intended to support the operation of low power unlicensed transmitting devices on unoccupied spectrum within the broadcast television bands (TV bands). This unoccupied spectrum is commonly known as the TV “White Spaces.” Comsearch has provided a summary report on the trial of its TV bands database system to OET.

This summary report identifies: 1) problems/concerns reported and their disposition and 2) descriptions of changes made by Comsearch to the channel availability calculator or registration systems during the trial period.

Federal Communications Commission Chairman Tom Wheeler announced that the following items will be on the tentative agenda for the next open meeting scheduled for July 11, 2014:

• Modernizing E-Rate to Deliver Digital Learning: The Commission will consider a Report and Order to modernize the E-Rate program and expand support for WiFi connectivity for schools and libraries. The R&O seeks to close the WiFi gap, make E-Rate dollars go farther, and deliver faster, simpler and more efficient applications and other processes.
• Connect America Fund Rural Broadband Experiments: The Commission will consider a Report and Order establishing a budget and a methodology for selecting winning applications for the Connect America rural broadband experiments adopted by the Commission in the January Tech Transitions Order.
• Closed Captioning of Internet Protocol-Delivered Video Clips: The Commission will consider a Second Order on Reconsideration and a Second Further Notice of Proposed Rulemaking that revisits the Commission’s determinations regarding the captioning of video clips when delivered using Internet protocol, ensuring that individuals with hearing disabilities are able to enjoy the full benefits of broadband technology.

Chairman Tom Wheeler circulated an E-Rate Modernization proposal to his fellow Commissioners to revitalize the E-Rate program for the world of personalized learning.

During the past 18 years, E-Rate has helped transform schools’ and libraries’ access to modern communications networks. But educational connectivity has changed: whereas once it was revolutionary to connect a computer lab down the hall to the Internet, harnessing the full value of digital learning today means enabling all students to go online from their desk or from any library workspace.

Modernizing E-Rate to deliver digital learning to more kids faster
Chairman Wheeler’s proposed Order is the next major step in a comprehensive modernization of E-Rate, the first such effort since the program’s creation 18 years ago. The draft Order is focused on the largest and most urgent need -- closing the Wi-Fi gap -- while ensuring E-Rate money is spent smartly and improving program administration. It is the next step in what will be an ongoing process to modernize the E-rate program.

Building on Success
Today’s proposed order would build on the top-to-bottom administrative review of E-rate that was the first stage of Chairman Wheeler’s comprehensive, step-wise approach to modernization. This administrative review is already delivering huge dividends by allocating more funds and processing E-rate applications faster.

Bringing E-Rate into the 21st Century

• The E-Rate program has played a vital role in connecting US schools and libraries -- but often those connections are to a few computers along the wall rather than each student having access at his or her desk.
• New digital learning technologies are opening new opportunities for students, teachers and library patrons.
• But too many US schools and libraries lack the infrastructure necessary to fully utilize today’s learning technologies -- particularly when it comes to Wi-Fi in the classroom.
• E-Rate rules need to be updated to close the Wi-Fi gap.

• As currently structured, E-Rate in past years has only been able to support Wi-Fi in 5% of schools and 1% of libraries. In 2013, no money was available for Wi-Fi. I am circulating an E-Rate Modernization Order for consideration at our July meeting that will close this Wi-Fi gap and provide more support for high-capacity wireless broadband for every school and library in America. By acting now, we can deliver digital learning benefits to 10 million students in the next funding year, compared to 4 million students under the status quo.
• While we need to upgrade the connectivity of our schools and libraries, too many parts of rural America lack broadband connectivity altogether. This is in stark contrast to urban and suburban America, where many consumers have access to broadband at speeds in the hundreds of megabits per second. The simple fact of the matter is that the free market has failed to provide basic broadband connectivity to more than 15 million Americans. While we have already take steps to close the gap, there’s more work to be done. The proposed Order will fund a limited number of trials of alternative approaches to solving this problem using the Connect America Fund (CAF).
• A third area where the Commission is poised to act to enhance access for the underserved is with closed captioning. Americans living with intellectual and physical disabilities stand to benefit the most from broadband-enabled technologies, but disproportionately find themselves on the wrong side of the digital divide. I have proposed to my colleagues that we require captioning for video clips that end up on the Internet. Those who hear with their eyes should not be disadvantaged in their ability to access video information on the Internet.