April 2010

Cyber Security Certification Program for Communications Service Providers

The Federal Communications Commission (FCC) adopted a Notice of Inquiry (NOI) that seeks public comment on the proposed creation of a new voluntary cyber security certification program that would encourage communications service providers to implement a full range of cyber security best practices. This National broadband Plan recommendation serves as a first step to implementing a comprehensive roadmap to help counter cyber attacks and better protect America's communications infrastructure.

Enhancing the cyber security of the nation's infrastructure is critical to the proper functioning of communications networks serving America's financial institutions, national energy grid, medical institutions, educational system, and public safety. Yet, broadband communications networks are susceptible to malicious attack. Despite the increasing threat of cyber attacks, many communications end-users do not consider cyber security a priority. In 2008, a Data Breach Investigations report concluded that 87-percent of cyber breaches could have been avoided if reasonable security controls had been in place.

The goals of a voluntary cyber security certification program would be to:

  • Increase the security of the nation's communications infrastructure;
  • Promote a culture of more vigilant cyber security among participants in the market for communications services; and
  • Offer consumers (or end-users) more complete information about their communication providers' cyber security practices and ability to better protect their personal computer hardware and online activity from cyber attacks.

The NOI seeks comment on a voluntary certification program under which private sector auditors or the FCC would conduct security assessments of participating communications service providers' networks, including their compliance with stringent cyber security practices developed by a broad-based public-private partnership. Providers whose networks successfully completed this assessment would then be able to market their networks as complying with these FCC network security requirements.

Recap: FCC Open Meeting Launches National Broadband Implementation

On April 21, the Federal Communications Commission started to put the National Broadband Plan into action. FCC Commissioners adopted six items that range from planting the seeds for the Connect America Fund to efforts to bolster cyber security. Giga Om described the meeting as the beginning of the "long process of building a regulatory regime for a broadband-centric — as opposed to telephone-centric — communications world."

Carol Mattey from the FCC's Wireline Competition Bureau introduced the Connect America Fund which would directly support broadband without increasing the cost of the existing Universal Service Fund. The proposed Notice of Inquiry considers replacing the "legacy high cost program" with "efficient, targeted funding of networks that can provide data and voice service." FCC Commissioners were overwhelmingly supportive. Reservations expressed arise from their recognition that this is a herculean undertaking. There's a reason it has taken such a long time to enact reform. Chairman Genachowski said, "[reforming Universal Service is a] multi-layered, complex, rubik's cube of a project. It will not be easy. But it is also what we're committed to do...There's no dispute that we need to do this. It's a big challenge."

The FCC also reversed a 2007 order that did not require cell phone carriers to offer roaming services to other carriers in areas where they owned spectrum but had not built out network coverage. Wednesday's vote to abolish home roaming rules for voice services and also opened an inquiry into whether automatic roaming rules should apply to mobile data services. Smaller carriers have argued the existing practice harms consumers since they need roaming agreements while they build out their networks.
The FCC launched an inquiry into a smart video device platform it says will help spur broadband adoption and promote the investment and competition that is something of a Hippocratic oath for broadband. At the same time, it issued a notice of proposed rulemaking on a number of changes to the CableCARD regime that separates channel-surfing and security functions in cable set-tops. The FCC's ultimate goal is to come up with a "gateway" platform that works with all multichannel video providers and that will "spur innovation, draw users to broadband, and change how people perceive and use broadband."

The FCC will study whether the country's broadband networks could handle "significant damage and severe overloads" that could result from terrorist attacks, massive security hacks or national disasters. Interested parties have 45 days to offer comments on the "survivability" of the country's broadband infrastructure, and the ways that federal regulators can boost the nation's cybersecurity. The Commission described the inquiry in a release this afternoon as the "first step in ensuring the FCC can take all necessary actions to ensure ongoing communications in times of disaster or crisis."

FCC Kicks Off Universal Service Reform

The Federal Communications Commission took its first step toward a once-in-a-generation transformation of the Universal Service Fund from supporting networks providing plain old telephone service into an effective and efficient tool for making affordable, high-quality broadband communications service available to all Americans.

The National Broadband Plan identified the need for comprehensive universal service reform that does not unnecessarily burden consumers. Today's Notice of Inquiry (NOI) and Notice of Proposed Rulemaking (NPRM) begin the hard work of implementing the Plan's recommendations, which include cutting inefficiencies in existing support of voice services and creating a Connect America Fund (CAF) that directly supports broadband without increasing the size of the Universal Service Fund over the current baseline projection.

The NOI asks for public comment on the use of an economic model to precisely target support for areas where there is no private-sector business case for carriers to provide broadband and voice services. The economic model developed in the Plan estimates the gap between the cost of deploying broadband services to Americans living in unserved areas and the potential additional revenue generated from the broadband investment. The NOI seeks comment on how that model could be adapted to determine efficient levels of universal service support to provide all Americans with broadband access.

The NOI also seeks comment on how to quickly provide consumers in unserved areas with broadband access while the Commission is considering final rules to implement fully the new CAF funding mechanism.

The NPRM seeks comments on a number of proposals to cut legacy universal service spending in high-cost areas and to shift support to broadband communications. These proposals include capping the overall size of the high-cost program at 2010 levels; re-examining the current regulatory framework for smaller carriers in light of competition and growth in unregulated revenues; and phasing out support for multiple competitors in areas where the market cannot support even one provider.

FCC Takes Steps to Promote Nationwide Mobile Connectivity

The Federal Communications Commission took action toward promoting nationwide mobile connectivity for consumers and encouraging continued mobile innovation, investment, and deployment. The FCC's Order on Reconsideration enhances mobile voice service through roaming agreements that provide consumers with access to other carriers' networks. In a Second Further Notice of Proposed Rulemaking, the FCC seeks input on whether to extend roaming obligations to data services, such as mobile broadband and Internet access services.

The Order on Reconsideration expands the availability of mobile voice services by eliminating a home roaming exclusion that the Commission found in many circumstances discouraged, rather than encouraged, facilities-based competition. By eliminating the exclusion, the Order encourages carriers of all sizes to reach commercially reasonable voice roaming agreements, and promotes competition, fosters innovation and empowers consumers, while creating a fair process for the Commission to handle disputes that may arise in an expedited and equitable manner. The Order on Reconsideration also affirms that carriers must provide push-to-talk roaming upon reasonable request. The Commission will address any disputes on a case-by-case basis, taking into consideration the totality of the circumstances presented to determine whether requiring a roaming agreement would best further the public interest goals.

In the Second Further Notice of Proposed Rulemaking, the Commission opens a new phase in its examination of data roaming, seeking comment on whether to extend roaming obligations to data services such as mobile broadband and Internet access services. A more detailed and updated record will assist the Commission in developing policies for broadband data roaming that can encourage carriers to build out new networks and better ensure that consumers have access to mobile data networks anywhere in the United States.

FCC Commences Inquiry on Survivability of America's Broadband Infrastructure

The Federal Communications Commission launched an inquiry on the ability of existing broadband networks to withstand significant damage or severe overloads as a result of natural disasters, terrorist attacks, pandemics or other major public emergencies, as recommended in the National Broadband Plan. As Americans increasingly rely on broadband services for so many aspects of their lives, including public safety and national security, it is critical for the FCC to gain a better understanding of the survivability of existing networks and explore potential measures to reduce network vulnerability to failures in network equipment or severe overload conditions in emergencies.

Although core broadband networks are generally presumed to be quite resilient, there may be weaknesses closer to the network edge. Accordingly, today's Notice of Inquiry (NOI) seeks comment, analysis and information on the present state of the resiliency and redundancy of broadband networks to withstand physical damage and severe network overload. This is a vitally important first step in ensuring that the FCC can take all necessary actions to ensure ongoing broadband communications in times of disaster or crisis.

The NOI includes the following questions related to the resiliency of broadband networks:

  • What are the major single points of failure in broadband architectures?
  • What measures do communications providers already take to minimize the potential for single points of failure?
  • What provisions are made by communications providers to ensure the survivability of cell sites relied on by first responders?
  • What are the most effective and widely deployed physical security best practices?
  • Should traffic to and from critical emergency response agencies and for critical services be prioritized on the networks during emergencies?
  • What steps have been taken to ensure redundancy and diversity of physical network links to hardware?
  • Is the capacity of residential access networks sufficient to handle sudden surges or overloads in traffic during, for example, a pandemic emergency?
  • What network management practices are in place to handle overloads during emergencies?

Hearing Recap: Deploying Quality Broadband Services to the Last Mile

The House Subcommittee on Communications, Technology, and the Internet held a hearing entitled "The National Broadband Plan: Deploying Quality Broadband Services to the Last Mile" on Wednesday, April 21, 2010. The hearing examined assessments in the National Broadband Plan of the availability of broadband and how most effectively to deploy broadband to areas that are unserved and underserved, so all Americans can benefit from good quality broadband services.

Rick Boucher (D-VA), the chair of the subcommittee, commended the Federal Communications Commission for the broadband plan. He said the agency had done a "truly outstanding job" sifting through the comments and coming up with a plan. But he's worried it had not accurately reflected broadband deployment. The hearing focused on deployment to unserved and underserved areas, including rural areas like much of his district. He said he wanted to insure access at "meaningful speeds" and "truly affordable prices." The broadband plan found that 95% had access to at least 4 Mbsp download service, leaving only about 7 million without service. Boucher said he had "serious concerns" about the accuracy of that figure, echoing concerns raised by Free Press in prepared testimony for the hearing. Chairman Boucher said the broadband availability map for his own district overreports figures, and said he was sure it had happened elsewhere. "I can't consider those projections to be reliable," he said.

House Commerce Committee Chairman Henry Waxman (D-CA) voiced his support for a proposal to dig tunnels for broadband fiber while constructing new roads and highways. Chairman Waxman called the proposal, known as the "ditch-digging bill", an example of better coordination among government resources The legislation -- Broadband Conduit Deployment Act -- the was introduced almost a year ago by Rep. Anna Eshoo (D-CA) with a companion bill by Sen. Amy Klobuchar (D-MN). The bill would direct the Department of Transportation to require the installation of broadband channels -- which could be filled with fiber later -- while the ground is already being torn up for federally funded highway construction and other transportation projects. As a result, Internet companies can simply install the fiber lines when they build out new networks.

Ranking committee member Cliff Stearns (R-FL) invoked the BitTorrent decision as a warning to take a light touch on broadband regulation. He pushed for letting the unfettered free market build out broadband. He said he was not saying government should have no role, but that it should target the remaining 5%, rather than the 95% that have it. "Congress and the FCC must not revert to failed regulatory ideas," he said, like net neutrality or forcing access to facilities.

Rep. Stupak predicts no changes to Universal Service Fund will occur in 2010

Speaking to the American Cable Association on Tuesday, Rep. Bart Stupak (D-MI) predicted lawmakers would not follow through on their plans this year to create a fund that would expand broadband access nationwide. Why? Senate inaction.

"[House Communications ] Chairman Boucher may disagree with me, but given the short legislative calendar, I do not believe we will enact USF reform this Congress, but that legislative action will be completed next year," concluded Rep Stupak, the chairman of the House Rural Caucus' task force on telecommunications. Despite Stupak's assertion, efforts remain underway -- notably at the Federal Communications Commission -- to transform the Universal Service Fund into something that permits that money to be used for broadband expansion.

Riders on the Storm

[Commentary] Matthew Gentzkow and Jesse Shapiro, both of the University of Chicago Booth School of Business, have measured ideological segregation on the Internet.

They took methodologies that have been used to identify racial segregation, and they tracked how people of different political views move around the Web.

The methodology is complicated, but can be summarized through a geographic metaphor. Think of the Fox News site as Casper (WY). If you visited and shook hands with the people reading the site, you'd be very likely to be shaking hands with a conservative. The New York Times site, they suggest, is like Manhattan (NY). If you shook hands with other readers, you'd probably be shaking hands with liberals. The study measures the people who visit sites, not the content inside.

According to the study, a person who visited only Fox News would have more overlap with conservatives than 99 percent of Internet news users. A person who only went to The Times's site would have more liberal overlap than 95 percent of users. But the core finding is that most Internet users do not stay within their communities. Most people spend a lot of time on a few giant sites with politically integrated audiences, like Yahoo News. But even when they leave these integrated sites, they often go into areas where most visitors are not like themselves. People who spend a lot of time on Glenn Beck's Web site are more likely to visit The New York Times's Web site than average Internet users. People who spend time on the most liberal sites are more likely to go to foxnews.com than average Internet users. Even white supremacists and neo-Nazis travel far and wide across the Web. It is so easy to click over to another site that people travel widely. And they're not even following links most of the time; they have their own traveling patterns.

Gentzkow and Shapiro found that the Internet is actually more ideologically integrated than old-fashioned forms of face-to-face association -- like meeting people at work, at church or through community groups. You're more likely to overlap with political opponents online than in your own neighborhood. This study suggests that Internet users are a bunch of ideological Jack Kerouacs. They're not burrowing down into comforting nests. They're cruising far and wide looking for adventure, information, combat and arousal. This does not mean they are not polarized. Looking at a site says nothing about how you process it or the character of attention you bring to it. It could be people spend a lot of time at their home sites and then go off on forays looking for things to hate. But it probably does mean they are not insecure and they are not sheltered.

If this study is correct, the Internet will not produce a cocooned public square, but a free-wheeling multilayered Mad Max public square. The study also suggests that if there is increased polarization (and there is), it's probably not the Internet that's causing it.

The Broadband Availability Gap

The Federal Communications Commission has released a new staff technical paper detailing the methodology and model used to determine that 14 million Americans in 7 million homes do not have access to broadband service offering actual download speeds of 4 Mbps and actual upload speeds of 1 Mbps -- and estimating it will cost approximately $24 billion to provide broadband access to these homes.

While complicated, the model essentially does two things. First, it estimates the areas of the country in which 4/1 Mbps is not likely to be available in the next several years. The approach uses public and commercial data and relies in part on a statistical model to estimate the availability of broadband in every census block in the country. This analysis focuses on the capabilities of the "last-mile" infrastructure (the access network), not on either subscribership or retail offerings. Second, it estimates the cost of bringing 4/1 Mbps to those unserved areas and the revenues that could be earned by doing so. In doing so, it is conservative and technology-neutral. The FCC only modeled technologies -- wireless, cable, satellite, and DSL -- that are commercially-deployed today or will be in the near future. We wanted the model to inform practical solutions, not rely on promises of future breakthroughs.

Privacy policy and innovation in the Internet economy

On April 21, Commerce Secretary Gary Locke announced the launch of an initiative designed to gather public input and review the nexus between privacy policy and innovation in the Internet economy. In addition, Sec Locke also announced the formation of a Department of Commerce-wide Internet Policy Task Force to identify leading public policy and operational issues impacting the U.S. private sector's ability to realize the potential for economic growth and job creation through the Internet.

Through a Notice of Inquiry (NOI) published in the Federal Register, the Commerce Department is seeking public comment from all Internet stakeholders - commercial, academic and civil society sectors and citizens - on the impact of current privacy laws in the United States and around the world on the pace of innovation in the information economy. The Department seeks to understand whether current privacy laws serve consumer interests and fundamental democratic values. The Internet Policy Task Force is exploring current privacy frameworks, and ways to address the challenges of the new Internet economy and society in a manner that preserves and enhances personal privacy protection.

The Task Force is comprised of staff members from the National Telecommunications and Information Administration (NTIA), the International Trade Administration (ITA), the National Institute of Standards and Technology (NIST) and the Patent and Trademark Office (PTO), and will be coordinated through the Commerce Department's Office of Policy and Strategic Planning, which reports to the Secretary. In addition to privacy and innovation, the Internet Policy Task Force will examine cyber security, online copyright protection and international barriers to moving data around the globe, and the ability of entrepreneurs, and small- and medium-sized businesses to expand their operations via the Internet.

On May 7, 2010, the Department will hold a public meeting to discuss stakeholder views and to further facilitate public discussion on privacy policy in the United States. After analyzing public comments in response to this NOI, the Department will issue a report contributing to the administration's domestic policy and international engagement on privacy.