September 2009

NTIA to begin awarding broadband stimulus grants in November

The National Telecommunications and Information Administration, along with the Department of Agriculture's Rural Utilities Service, is still sorting through nearly $28 billion worth of applications for broadband stimulus grants--nearly seven times the $4 billion available for the program in this first round. However, the NTIA hopes to begin awarding the first round of its grants in early November, according to Anna Gomez, NTIA's deputy administrator and deputy assistant secretary for communications and information. Later this fall, the agency will solicit comments on the first round of grants and gather best practices. Then, by late winter, the NTIA is to receive the second round of applications. Currently, the NTIA is deciding whether to combine the second round of applications with a third round, though Gomez emphasized that a decision had not been made either way. Additionally, the NTIA is set to receive broadband mapping data from states by February.

FCC Still Looking for Broadband Ideas

Speaking at a OneWebDay event, Levin, executive director of the FCC's omnibus broadband initiative, said the Federal Communications Commission is still looking for ideas on how to bring broadband to all corners of the US and to increase subscriber numbers. "It ain't going to be done just at the FCC," Levin said. "There's no way in the world that those of us who are blessed to have the opportunity to work on this full time can actually answer the tough questions." Levin, speaking mainly to broadband activists, said it's more important than ever to bring broadband to parts of the country that don't have it. More than three quarters of U.S. companies now accept resumes only online, he said, and a recent survey found that 68 percent of high school students use the Internet as their primary tool for researching assignments. "What does that mean for the kids who aren't online?" he asked. "How can they compete? The cost of digital exclusion is growing."

FCC Seeks Spectrum for Broadband

The Federal Communications Commission is seeking comment on the sufficiency of current spectrum allocations in spectrum bands, including but not limited to the prime spectrum bands below 3.7 GHz, for purposes of the Commission's development of a National Broadband Plan (Plan) pursuant to the American Recovery and Reinvestment Act of 2009. Specifically, participants in the proceeding have raised the issue that the United States will not have sufficient spectrum available to meet demands for wireless broadband in the near future. In this Public Notice, the FCC seeks additional comment on the fundamental question of whether current spectrum allocations, including but not limited to the prime bands below 3.7 GHz, are adequate to support near- and longer-term demands of wireless broadband. The FCC requests that commenters responding to this Public Notice provide detailed, fact-based responses and to the extent possible provide quantitative data and analytical justification for their arguments. The FCC asks that commenters address: 1. What is the ability of current spectrum allocations to support next-generation build-outs and the anticipated surge in demand and throughput requirements? 2. What spectrum bands are best positioned to support mobile wireless broadband? 3. What spectrum bands are best positioned to support fixed wireless broadband? 4. What are the key issues in moving spectrum allocations toward their highest and best use in the public interest? 5. What is the ability of current spectrum allocations to support both the fixed and mobile wireless backhaul market? Comments are due October 23; replies are due November 13.

FCC Seeks Input on Broadband Deployment and Adoption on Tribal Lands

The Federal Communications Commission is seeking comment on identifying and remedying barriers to broadband deployment and adoption on Tribal Lands. This Public Notice seeks comment on specific barriers to broadband deployment and adoption in Indian Country and how can they be reduced or eliminated. An initial problem in addressing these issues is the current lack of data on the extent of broadband deployment and adoption on Tribal lands. In recently filed Joint Comments, Native Public Media (NPM), an organization promoting radio broadcasting and media ownership by Native communities, and the National Congress of American Indians (NCAI), the largest national organization representing federally recognized Tribal government entities, estimate that "Tribal penetration [of broadband deployment ] hovers somewhere around f5%." The FCC is asking for by November 9; replies by December 9.

FCC Chair To Face off With Wireless Industry

When Federal Communications Commission Chairman Julius Genachowski speaks at a wireless industry conference next month, he will face an audience that has been under extra scrutiny since he's come to the agency and, as a result, feels besieged. Chairman Genachowski will speak Oct. 7 at the CTIA-The Wireless Association's conference, which is focused on business wireless providers and mobile entertainment. He proposed new rules last Monday to ensure that consumers can access whatever content they want on the Web through any device. CTIA immediately responded by saying such rules shouldn't apply to the thriving mobile market, because it faces different bandwidth constraints from other broadband Internet providers. The FCC says there will be a discussion on how such considerations should be reflected in the "net neutrality" rules, but Genachowski has stressed that the rules should apply be across any Internet technology platform -- DSL, cable, and wireless included. The FCC, at the request of lawmakers, also has launched a review of the wireless industry, examining whether practices such as exclusive partnerships between carriers and handset makers unfairly elbow out competitors and restrict choices for consumers.

Senate Republicans Scrap Anti-Net Neutrality Push

Senate Republicans have stopped their push to prevent funding for the Federal Communication Commission as a protest of proposed Network Neutrality rules. "While we are still generally opposed to net neutrality regulations, we have decided to hold off on the amendment because [FCC Chairman Julius Genachowski] approached us and we are beginning a dialogue," said a staff member on the committee. An official at the FCC confirmed that Chairman Genachowski, who on Monday introduced a proposal for net neutrality rules, called Republican members who criticized his move, saying it could hurt the businesses of network operators. The call was intended to begin a conversation about the proposal that would prevent Internet service providers from blocking Web content and services. Rebecca Arbogast, head of technology policy research at Stifel Nicholas, had said the move was a standard vehicle for Congress to block what regulatory agencies were trying to achieve in the executive branch or in a regulatory agency. "But the likelihood of it getting passed it pretty low. This is standard procedure and a time-honored tradition but the Republicans are in the minority."

FCC: Congress said we could spank Comcast for P2P blocking

The Federal Communications Commission has taken on the tricky legal task of asserting its authority over the Internet, telling an appeals court that, contrary to what Comcast says, the FCC did too have the legal power to sanction the ISP for BitTorrent throttling last year. Comcast is suing the agency over the move. "Congress created the FCC for cases such as this one. Congress gave the agency broad and adaptable jurisdiction so that it can keep pace with rapidly evolving communications technologies," the FCC wrote on Monday in a brief submitted to the United States Court of Appeals Before the District of Columbia Circuit. "The Internet is such a technology." This could be a tough sell for the DC Circuit, given that on the same day as the filing, FCC Chair Julius Genachowski called for the agency to turn its Internet Policy Statement into full-fledged Network Neutrality rules, along with new principles of transparency and non-discrimination. The policy statement commits the Commission to ensuring that consumers can use the legal applications of their choice on the 'Net. But critics say that it's just a guideline-type philosophical statement and nothing more, and it lacks the Congressional backing needed to stand up in court.

Network Neutrality And Beyond

[Commentary] Network neutrality rules are only necessary because the way we deliver Internet in this country waves at least three major Temptations to Discriminate in the faces of the access providers. 1. A provider may want to gain advantage over a competitor's services — like Apple not allowing Google's phone service on the iPhone. 2. It may honestly believe that its users want it to give the delivery of (for example) video priority over the delivery of e-mails or search results. 3. Or, it may view discrimination as triage necessary to handle high volumes of traffic. Net neutrality rules out the first two. First, it says that it's anti-competitive for access providers to use their position to tilt the market toward their own services or content. Second, net neutrality says that it's not up to the access provider to decide what the Internet is "really for." The third temptation is where Monday's proposal from Chairman Genachowski will find the most contention. Working out how net neutrality should be applied to network management issues is going to take court battles to make sure network management isn't being used as a Trojan horse for the first two types of discrimination. (David Weinberger is a Senior Researcher at Harvard's Berkman Center for Internet & Society.)

Arbitron: House Report On Minority Undercount Doesn't Add Up

Arbitron says the House Oversight and Government Reform Committee, which is headed by Rep Edolphus Towns (D-NY), came to "erroneous conclusions" in an analysis of the company's Portable People Meters (PPMs). Those included that the ratings company was not sufficiently recruiting Spanish-dominant Hispanics for its survey. The committee has been looking into complaints that the PPMs undercount minority viewers, including African Americans and Hispanics. "Over the last four months, Arbitron has been actively engaged with Chairman Towns and the Oversight Committee Staff. Arbitron has been open and forthcoming, supplying detailed information, answering questions and providing proactive recommendations to address the challenges faced by minority broadcasters. We were aware of the Committee's contact to the Media Rating Council (MRC) and we are extremely surprised and disappointed at the analysis and erroneous conclusions reached by the Oversight Committee Staff and communicated in their press statement," Arbitron said.

Little Public Support for Newspaper Industry Bailout, Poll Finds

Nearly 8 out of 10 Americans would oppose any plan to spend tax dollars to aid failing newspapers, according to a poll on news media trustworthiness released Wednesday. That reluctance might have something to do with the fact that 38.1% of respondents to the poll by Sacred Heart University said they are reading newspapers less often than five years ago. Or the fact that nearly half, 45%, said they think the Internet is "adequately covering for failing newspapers." Just 35.6% disagreed with that statement. The third annual Sacred Heart poll found substantial support for the notion that good journalism ensures a healthy democracy, with 64.1% in agreement. On the other hand, the poll found Americans do not believe they are getting "good journalism." Just under 68% of respondents agreement with this statement: "Old-style, traditionally objective and fair journalism is dead."