March 2009

Obama Moves to Ensure Responsible Spending of Recovery Act Funds

President Obama directs federal department and agency heads to 1) develop transparent, merit-based selection criteria that will guide their available discretion in committing, obligating, or expending funds under the Recovery Act for grants and other forms of Federal financial assistance; 2) avoid supporting aquariums, zoos, golf courses, swimming pools or similar projects; 3) not fund projects that not further the job creation, economic recovery, and other purposes of the Act; and 4) determine if a project can: (i) deliver programmatic results; (ii) achieve economic stimulus by optimizing economic activity and the number of jobs created or saved in relation to the Federal dollars obligated; (iii) achieve long-term public benefits by, for example, investing in technological advances in science and health to increase economic efficiency and improve quality of life; investing in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits; fostering energy independence; or improving educational quality; or (iv) satisfy the Recovery Act's transparency and accountability objectives. Further, the memo requires that any interactions with registered lobbyists be communicated in writing and posted for public viewing within 3 business days.

We Can't Let Protectionism Drive Broadband Policy

[Commentary] The most frustrating part of watching the public meetings on how NTIA and RUS should spend their broadband stimulus dollars is the relentless calls for protectionism from established service and technology providers. Now of course it's not surprising that companies would be doing everything they can to shape how these dollars are distributed in their favor, but I'm getting somewhat worried that we're going to end up focusing too much on protecting private over promoting public interests. While I completely agree that we should avoid creating duplicative infrastructures, to suggest that anywhere that has any form of broadband is already well-served and in no need of a stimulus is pure protectionism that puts private interests over the public good.

Definitions and Broadband Measures Must Evolve, Account for On-the-Ground Realities

Debate about the broadband divide in America resurfaced at a Thursday afternoon public roundtable about how the federal government should spend $7.2 billion in broadband. Thursday was the fourth of six days of public hearings by the Commerce Department's National Telecommunications and Information Administration and the Agriculture Department's Rural Utilities Service, and the afternoon discussion, about rural and unserved areas, was the final panel focus on the broadband "have-nots." Other topics - including interconnection obligations, the role of the states, and broadband mapping - will be considered in a public forum in Washington on Monday. Tuesday, the final day of public hearings, will raise the subjects of compliance, selection criteria and community economic development.

Definition of Broadband Could Pit Rural Versus Urban, Market Forces Against Public Interest

Experts and citizens split words at the NTIA/RUS Thursday morning public roundtable seeking to define broadband - an essential element to determine what projects receive federal funding under stimulus spending. Mark Lloyd, vice president of strategic initiatives at the Leadership Conference on Civil Rights, said the definition of broadband should be centered around speeds and how broadband can serve as a means of communication. He said the debate has its source in the legal frameworks adopted by Congress in the Telecommunications Act of 1996. "New definitions must focus on hard speeds," said Lloyd. "Insanity is doing the same thing over and over again and expecting different results. We cannot manage what we cannot measure." Stagg Newman, principal of Piggah Communication Consulting, said definitions should center around understanding what the service is, acceptable network infrastructure, and a series of metrics by which to measure both. "A backbone network from central and surrounding areas is needed across the nation. Infrastructure is also needed for emergency responders, and a satellite back-up for geographical cover," he said. Newman added: "Let us consider trade-offs to affordability. I know that is controversial but let us put it out there." Fred Campbell, president and CEO of Wireless Communication Association, said that "the definition should be viewed as a gating mechanism, not a measure of evaluating grant eligibility." Dave Malfura, president and CEO of ETC Group, LLC., said broadband should be defined as "a service which allows users to access the world's resources and its inhabitants without Encumbrances."

Arizona Broadband Forum Probes 20 Percent Match to Obtain Federal Funds

At the National Telecommunications and Information Administration and Rural Utilities Services' Wednesday joint public meeting in Flagstaff (AZ), tension surfaced when NTIA's Mark Seifert put the implications of accountability, innovation, and wide distribution of funds under the spotlight. Many wanted the 20 percent match provision waived as a matter of course. Some called for acceptance of "in-kind" contributions - like state deeds to the rights of way for telecommunications wires - as constituting a match . Seifert's pushing back in his questions may indicate that the agency is more inclined to stretch the public dollar by staying with a requirement for a cash match in most cases. Echoing his call at the same panel in Las Vegas for carriers to put some "skin in the game," Seifert addressed a credible proposal, and said that there would need to be a relationship between "assertions and proof." A better proposal would show that "people have thought this through". He also characterized a need to create projects that support a "test-bed" model. Seifert also pleaded for ideas that would allow NTIA to sort out a pending deluge of grant applications.

NCTA: Don't 'Stimulate' New Competitors

A Q&A with National Cable & Telecommunications Association President Kyle McSlarrow who indicates that cable companies are about the open-access conditions that will be attached to broadband stimulus grants. The cable industry is also concerned the grants may go to new competitors in the broadband market. He does not like the idea of commercial providers being required to partner with governments or nonprofits to win grant awards.

Deep Packet Inspection: The End of the Internet as We Know It?

The uncertainty surrounding Net Neutrality has given rise to a technology known as Deep Packet Inspection (DPI) that offers Internet service providers unprecedented control over Internet content. The use of DPI technology by Internet service providers should raise serious concerns for both users and lawmakers. The emerging DPI business model, marketed for its ability to monitor, control and ultimately charge subscribers for every use of an Internet connection, poses a major threat to the open Internet. In just one of many examples, DPI manufacturer Allot describes how its DPI product "enables service providers to project potential revenues and profits from setting up a tiered service infrastructure" and allows providers to "reduce the performance of applications with negative influence on revenues (e.g. competitive VoIP services)."

Libraries Use Broadband Internet Service to Serve High Need Communities

The technology available in today's public libraries can help reduce the broadband access gap for families, while providing a wide range of information resources and services. Overall, the percentage of public libraries that provide free broadband Internet to patrons increased from 49% in 2002 to 65% in 2007, the most recent year available. In 2007, the percentage of libraries providing broadband Internet access in urban, suburban and rural areas was 91, 70 and 52%, respectively. Investments in library technology are helping communities that need it most. In 2007, 88% of public libraries in high poverty areas provided access to broadband Internet and 73% of public libraries reported their facilities as being the only source of free Internet access in their community.

European Commission Seeks 'Broadband For All'

Over recent years, broadband has moved from being a desirable to an essential component of the digital economy; indeed, many countries as well as the European Commission are considering whether to make it a part of the "universal service" of telecom activities, which should be made available to all consumers. A study prepared for the Commission last year highlighted benefits of broadband in terms of labor productivity, employment levels and economic growth. The study claimed that as many as 2 million jobs could be created by a rapid development of broadband within the European Union, as well as an increase in foreign investment. Advocates of universal broadband claim there are particularly important benefits in terms of rural and regional development, since it makes remote working a more practical proposition, and reduces the "peripherality," which has often been seen as a constraint on growth in those areas.

Lawmakers Seek Inventory of U.S. Airwaves

Sens John Kerry (D-MA) and Olympia Snowe (R-Maine) introduced legislation Thursday requiring the Commerce Department and Federal Communications Commission to make an inventory in six months of how government and private companies are using their airwaves. The legislation is a priority for the wireless industry, which is still looking for more airwaves to scoop up despite an auction last year of TV airwaves that netted the federal treasury upwards of $20 billion. Just a small fraction of U.S. airwaves are used by commercial wireless vendors like AT&T Inc. TV and radio stations use a portion of it but big chunks of airwaves are reserved for use by federal agencies and the military. The idea behind the report is to identify so-called "spectrum squatters" -- both government agencies and private companies -- which aren't actively using the frequencies for which they hold licenses. If Congress approves the legislation, it would set the stage for the FCC and Commerce Department to try to reclaim the airwaves for future auctions -- a task that could be difficult and expensive.