April 2011

ACLU concerned over Michigan State Police extracting data from cellphones

Michigan State Police officers, equipped with forensic cellphone analyzers, have extracted data from cellphones during their police work, and the American Civil Liberties Union wants to know more about it.

The ACLU has raised concerns over the legality of the cellphone scanners (which can scan both regular cellphones and smartphones) and whether the 4th Amendment, which prohibits unreasonable searches and seizures, is being violated by the state police. In a letter to the Col. Kriste Etue, the director of the Michigan State Police, the ACLU alleged that the agency has used such cellphone analyzers, called the Cellebrite UFED, in the field and has taken data from phones.

Supreme Court Asked to Restore Indecency Regulations

The Department of Justice asked the Supreme Court to reinstate a policy that allows federal regulators to fine broadcasters for showing nudity and airing curse words when young children may be watching television.

The Justice Department is seeking the High Court's review of appeals court rulings that threw out the Federal Communications Commission's rules against the isolated use of expletives as well as fines against broadcasters who showed a woman's nude buttocks on a 2003 episode of ABC's "NYPD Blue." Last year, the 2nd U.S. Circuit Court of Appeals in New York threw out the FCC policy, saying it was unconstitutionally vague and left broadcasters uncertain of what programming the agency will find offensive. The challenge to the FCC rules arose over celebrities' use of the F-word and S-word on live awards show programs. In January, the same court said its ruling on the FCC policy compelled it to nullify a penalty of more than $1.2 million against ABC and 45 affiliates over less than seven seconds of airtime from "NYPD Blue." Acting Solicitor General Neal Katyal, the government's top Supreme Court lawyer, said the Justices should hear the case because the appeals court has stripped the FCC of its ability to police the airwaves.

How Apple blocks its competition

Apple is a force to be reckoned with when it comes to the supply chain for gadgets. It gives buyers what they want faster than its rivals -- and in the process, it sometimes delays the competition's products from coming to market.

Japan's earthquake, tsunami and aftershocks halted or slowed production of hundreds of components that are found in consumer electronics devices, including the iPhone and iPad. Memory chips, touch screens, image sensors, batteries and the special resins that are used to hold chipsets together have all been in scarce supply lately. Yet Apple sold a remarkable 18.7 million iPhones and 4.7 million iPads last quarter. COO Tim Cook said that the company would suffer "no material supply impact" in the current quarter, despite what he called "the mother of all backlogs" thanks to very strong demand for the iPad. Other consumer electronics makers haven't been so lucky. Sony Ericsson, for instance, said it would delay its eagerly anticipated Xperia Play "PlayStation phone" because of the Japan earthquake's impact on the supply chain. Research In Motion finally launched its PlayBook tablet last week, after delaying its release by a month.

FCC Announces May Meeting Agenda

Federal Communications Commission Chairman Julius Genachowski announced that the following items will be on the tentative agenda for the next open meeting scheduled for Thursday, May 12, 2011:

  1. NPRM to Strengthen and Secure America's Critical Communications Infrastructure: A Notice of Proposed Rulemaking to extend the outage reporting requirements in Part 4 of the rules to interconnected VoIP and broadband service providers to promote the resiliency of America's 9-1-1 system and the country's critical communications infrastructure.
  2. Elimination of the International Settlements Policy NPRM: As part of the Commission's regulatory reform efforts, a Notice of Proposed Rulemaking to remove outdated regulations governing the exchange of telephone traffic between U.S. and foreign carriers that are no longer necessary to protect consumers and competition, while strengthening protections against anticompetitive practices by foreign carriers.
  3. Streamlining and Modernizing International Data Reporting Requirements First Report and Order and FNPRM: As part of the Commission's Data Innovation Initiative, a First Report and Order and Further Notice of Proposed Rulemaking to eliminate unnecessary reporting requirements regarding international telephone service, while streamlining and modernizing remaining international data reporting to ensure continued relevance in light of changing markets.

Commerce's NTIA Showcases Broadband Stimulus Success Story

Earlier this month, I saw firsthand the benefits of our sustainable broadband adoption projects when I attended a graduation ceremony in DC. Byte Back, a BTOP grantee partner, held a ceremony for adults who completed computer and jobs-skills training courses. At the graduation, I met students who showed me how these courses are enabling them to cross the digital divide and open doors to new opportunities.

One of the graduating students was a mother who had to seek out her teenage daughter’s help in order to pass the course. Another graduate was a senior who came to the program when her computer broke. She enjoyed the courses so much that she is now a volunteer with the program, helping to teach other seniors valuable computer skills that can help them stay informed and connected. Several others were already finding ways to put their new skills to work and had lined up job opportunities.

We know that computer skills are increasingly important for success in today’s digital economy, and investments in training are addressing a very real need: nearly 80 percent of that graduating class were unemployed when they began training, and forty percent of that class were living in temporary or transitory housing situations. Many of the students, already in difficult situations, had to venture out of their comfort zone to tackle the challenging coursework. But now, armed with new skills, there is more hope for these graduates. If they follow the trend of classes from the year before – according to Byte Back – every $100 invested in training unemployed students who are seeking work will result in a $1082 increase in student earnings. Byte Back says half of the program’s unemployed job training graduates found employment last year.

AT&T Files Public Interest Statement With FCC on T-Mobile Acquisition

AT&T filed with the Federal Communications Commission its Public Interest Statement regarding its proposed acquisition of T-Mobile USA. The filing demonstrates the numerous benefits of the merger, including the deployment of 4G LTE network technology to more than 97 percent of the population. When the parties announced this transaction in March 2011, AT&T initially stated that it would deploy LTE to 95 percent of the U.S. population. After conducting a more refined analysis of the combined network, AT&T is increasing the scope of this commitment to 97.3 percent. This deployment will help fulfill this Administration’s pledge to connect every part of America to the digital age, and it will create new jobs and economic growth in the small towns and rural communities that need them most.

Here's what AT&T claims:

  • AT&T has helped make the United States the global leader in mobile broadband and smartphone sales. AT&T’s mobile broadband leadership, however, presents it with unique spectrum and capacity challenges. A smartphone generates 24 times the mobile data traffic of a conventional wireless phone, and the explosively popular iPad and similar tablet devices can generate traffic comparable to or even greater than a smartphone. AT&T’s mobile data volumes surged by a staggering 8,000% from 2007 to 2010, and as a result, AT&T faces network capacity constraints more severe than those of any other wireless provider.
  • AT&T is using up its spectrum at an accelerating rate, and the wireless broadband revolution is just beginning. Over the next five years, data usage on AT&T’s network is projected to skyrocket as customers “mobilize” all of their communications activities, from streaming HD video and cloud computing to a range of M2M applications like energy management, fleet tracking, and remote health monitoring. In just the first five-to-seven weeks of 2015, AT&T expects to carry all of the mobile traffic volume it carried during 2010.
  • This merger provides by far the surest, fastest and most efficient solution to that challenge. The network synergies of this transaction will free up new capacity - the functional equivalent of new spectrum - in the many urban, suburban and rural wireless markets where escalating broadband usage is fast consuming existing capacity.
  • This transaction will thus benefit consumers by reducing the number of dropped and blocked calls, increasing data speeds, improving in-building coverage, and dramatically expanding deployment of next-generation mobile technology.
  • The transaction’s benefits arise from the uniquely complementary nature of AT&T and T-Mobile’s GSM/HSPA+ technologies and spectrum holdings.
  • The combined company expects to integrate a significant portion of T-Mobile cell sites into the AT&T network. Upon network integration, which will benefit customers in as little as nine months, this will equate to “instant” cell splits - increasing cell density and effectively doubling the amount of network traffic that can be carried using existing spectrum in the areas served by those cell sites.
  • Groups across the political spectrum, including a broad range of consumer, disability, civil rights, and rural advocacy groups have highlighted the transaction’s potential to empower consumers, workers and small businesses to participate more fully in our nation’s broadband society.
  • The U.S. wireless marketplace is fiercely competitive, characterized by escalating usage, product differentiation, rapid innovation, fierce advertising campaigns, new entry, and sharply declining prices for wireless service by unit of consumption (e.g., minutes or megabytes). In fact, the FCC found last year that approximately three-quarters of Americans live in localities contested by at least five facilities-based wireless providers. These other competitors are rapidly growing and investing and will ensure the wireless marketplace remains vibrantly competitive after the transaction.

Public Interest Community Responds to AT&T Filing

After AT&T filed with the Federal Communications Commission its statement regarding its proposed acquisition of T-Mobile USA, the pubic interest community reacted.

"Justice Department and FCC approval of this merger would be a decision to make mobile broadband duopoly inevitable, harming consumers in the long run. The government cannot seriously consider approving such extreme consolidation in the wireless industry at a time when the FCC has only just begun to address the serious gaps in competition policy that already put smaller, rural and regional carriers at a severe disadvantage to AT&T and Verizon," said Michael Calabrese, Director of New America Foundation's Open Technology Initiative (OTI) Wireless Future Project. "In addition to higher prices and less choice for consumers, the merger is guaranteed to cost thousands of employees their jobs at a time when the nation's economy is struggling to create new jobs, let alone make up for the massive job losses that have happened over the past 10 years. Both consumers and American workers would benefit far more from a real focus by the Obama Administration and the FCC to create policies to promote more competition in the wireless market, including mobile device interoperability and spectrum caps, rather than approve a merger that would further hobble the very limited competition that exists today," added Benjamin Lennett, Senior Policy Analyst for the Open Technology Initiative (OTI).

Public Knowledge President Gigi Sohn said, “Over the next few weeks and months, AT&T will spend millions of dollars to persuade the government and the American people that their takeover of T-Mobile is in the public interest. They will hire faculties worth of economists who will produce libraries worth of “research.” They will donate hundreds of thousands of dollars to outside groups. They will equip themselves with battalions of outside lobbyists, including prominent former members of Congress and will spend millions more in campaign and other contributions. They will blanket the airwaves with ads. All of that effort and all of that money cannot disguise the simple, fundamental fact that AT&T in this one transaction will fundamentally reshape the wireless industry in ways that will hurt consumers, raising prices, restricting innovation and limiting choice. The plain fact is that every one of the benefits AT&T promised to achieve can be accomplished without this merger. Every time someone sees or hears an AT&T ad, or sees or hears someone defend this deal, they should think about how AT&T is simply reducing the number of national carriers from four to three. And they should also think how much better AT&T’s service would be if that money was invested in their network and service.”

“No matter how many high-priced lobbying firms AT&T hires, it won't be able to fool Americans into thinking the reconstitution of the Ma Bell monopoly is a good thing. Make no mistake, this deal is about eliminating a competitor and nothing more. AT&T has chosen the marketing slogan ‘Mobilize Everything’ to sell this competition-killing deal, but it's clear their real goal is to ‘Monopolize Everything,’" said Free Press Research Director S. Derek Turner. "This merger would cost jobs at a time when unemployment is still at record levels; it would result in higher prices and fewer choices for consumers; and it would stifle innovation and investment in the wireless market. AT&T is falling back on its tired claim that this merger would give it the opportunity to improve service and deployment of its wireless network, but the fact is AT&T doesn't need to merge with anyone to remedy the problems it created for itself by chronically under-investing in its network. It's already sitting on plenty of unused spectrum, and it continues to earn record profits. It's simply a false choice to ask Americans to pay higher prices, endure poor customer service and sacrifice innovation in exchange for fulfilling deployment promises that AT&T has already made. If antitrust has any meaning left in America, then the FCC and the Department of Justice must find that a new national wireless duopoly will cause significant harm and must swiftly reject this unthinkable plan to restore Ma Bell.”

Parul P. Desai, policy counsel for Consumers Union, said, “We routinely hear a lot of complaints from wireless customers about high prices, hidden charges and poor customer service, and it's hard to see how AT&T buying T-Mobile would improve the situation. We have long sought reform on a number of issues to help promote a marketplace that fosters consumer choice and fair prices, such as interoperability and access to broadband infrastructure. We feel that these should be addressed to facilitate competition in the wireless marketplace before ruling on this transaction.”

"No amount of AT&T spin can change the facts: approval of the AT&T/T-Mobile merger would create a wireless duopoly, with two companies sharing 80% of the market. It would raise prices, while stifling economic growth and innovation, and swelling the ranks of the unemployed. The Justice Department and the FCC should tell AT&T to spend its $39 billion dollars on improving its network rather than crippling T-Mobiles," said Andrew Jay Schwartzman, Senior Vice President and Policy Director of the Media Access Project.

Verizon rides iPhone boom too; but what about LTE?

There are two conclusions that can be drawn from Verizon Wireless and AT&T’s Q1 earnings calls this week. The first is that there was obviously no huge exodus of iPhone users from AT&T to Verizon. The second is that style is taking precedence over speed in the minds of consumers.

In its Q1 earnings call Verizon Wireless reported 2.2 million iPhone activations, a huge number, but one that fell well short of the 3.6 million new iPhone subscribers AT&T reported. It’s important to note that Verizon only started selling the CDMA iPhone in on Feb. 10 (though it started taking pre-orders at the beginning of the February), meaning AT&T had an advantage of a whole month of sales. With a full quarter of sales, Verizon might have matched AT&T iPhone for iPhone. The most significant number, however, was 22%, the number of iPhone customers new to Verizon. While AT&T new iPhone activations were high, it reported meager postpaid net additions, implying those new iPhone activations filled the hole left by a lot of fleeing customers. But if AT&T customers did come over to Verizon, they didn't come in droves. Apart from the 484,000 new customers lured by the iPhone, Verizon mainly converted its existing subscriber base to Apple customers. The biggest beneficiary from the VZW and AT&T’s iPhone clash is Apple.

Verizon Tallies 3.7 Million FiOS TV Subs

Verizon Communications kept the FiOS fires burning strong in the first three months of the year -- adding 192,000 net new FiOS TV and 207,000 FiOS Internet customers -- although analysts questioned whether that growth will taper off now that the company's fiber-optic buildout is winding down.

Revenue for Verizon's FiOS fiber-optic services to consumer retail customers grew 23.7% over the year-ago period, to about $1.8 billion. That's approximately 54% of consumer wireline revenues in the first quarter of 2011 versus 45% a year ago. Verizon stood at 4.3 million FiOS Internet and 3.7 million FiOS TV connections at the end of March. Overall, average revenue per unit for wireline services was $90.55 in the first quarter 2011, up 10.5% from a year earlier, driven by FiOS -- which has ARPU of more than $146. "FiOS net addition results were closely in-line with expectations. But expansion of the footprint is slowing dramatically," Sanford Bernstein senior analyst Craig Moffett wrote in a research note. "Homes open for sale expanded by 9.6%, but based on their public comments, it is likely that homes passed are now barely growing... The question from here is whether growth can be sustained after the available footprint has reached full maturity." Nevertheless, Verizon is now a significant player in the pay-TV industry, bigger than Cablevision Systems, which has 3.3 million basic video customers.

Verizon Selects Level 3 for 4G LTE Rollout

Level 3 Communications is providing Verizon Wireless with backbone infrastructure and cell-site backhaul solutions to support the telco's rollout of its 4G Long Term Evolution (LTE) network.

That additional capacity will help Verizon handle the growing demand for mobile data, rich media and video on its network. Verizon Wireless expects 4G LTE average data rates to be 5 to 12 megabits per second (Mbps) on the downlink and 2 to 5 Mbps on the uplink, speeds that are expected to encourage much larger use of video applications over mobile networks. Verizon Wireless has announced that consumer and business customers in at least 147 U.S. cities will have access to its 4G network by the end of 2011. Level 3 is also helping with cell-site backhaul requirements in a number of rural markets in New England and the Western United States. Level 3 will use its recently launched Tower Access solution that combines connectivity to existing cell towers with a mix of new on-site tower construction and Level 3 sites.