July 2011

Advertisers Hope House Bill Will Squash New Food Guidelines

Advertisers are hopeful that a clause in a new House appropriations bill for 2012 will throw a monkey wrench into the government's proposal for new guidelines on marketing food to children, guidelines that the advertising and marketing industries find unreasonable at best.

The clause, inserted in to the bill by Rep. Jo Ann Emerson (R-MO), dictates that none of the funds allocated in the bill may be used by the Federal Trade Commission to move forward on the guidelines until the Interagency Working Group (made up of the FTC, the Department of Agriculture, the Food and Drug Administration, and the Centers for Disease Control and Prevention) conducts a cost-benefit analysis. The full bill is headed for the House floor, where it is likely to pass, though it will then run into the Democrats who control the Senate, not to mention President Obama's veto pen.

House Commerce Committee Continues Bipartisan Spectrum Policy Discussion, Focusing on Federal Government Spectrum Use

The House Commerce Committee's Subcommittee on Communications and Technology, chaired by Rep Greg Walden (R-OR), held the fourth hearing in a series discussing the role of spectrum policy in promoting wireless broadband, bringing interoperable broadband communications to public safety, creating jobs, and reducing the deficit.

Lawrence Strickling, Assistant Secretary for Communications and Information in the Department of Commerce and Administrator of the National Telecommunications and Information Administration, shed light on how to improve federal government use of spectrum and reallocate resources to meet growing consumer demand for wireless broadband services. “The Ten-Year Plan and Timetable, developed with input from other federal agencies and the Federal Communications Commission, identifies over 2,200 MHz of spectrum for evaluation, establishes a process for evaluating these candidate bands, and lays out the steps necessary to potentially make the selected spectrum available for wireless broadband services,” Strickling testified. “In addition to identifying additional spectrum for repurposing for wireless broadband use, NTIA is intently focused on ensuring, to the greatest extent possible, that federal agencies use and share spectrum efficiently and effectively, while protecting critical Federal government operations.”

Strickling also relayed the administration’s support for “Congress to adopt proposals to improve the process for reassigning spectrum encumbered by federal users to private use, grant authority for the FCC to hold incentive auctions, create governance structures and channel auction proceeds to manage the deployment and operation of a nationwide interoperable public safety broadband network, and spur innovation in wireless services by both providing for unlicensed access to wireless spectrum and funding critical research and development.”

Consumer Watchdog Claims Facebook Changed Policy After FTC Complaint

Consumer Watchdog is claiming victory, at least to some extent, in its push to have the Federal Trade Commission investigate Facebook's virtual money programs. According to Consumer Watchdog, Facebook changed its terms for game developers to use its virtual money after the advocacy group asked the FTC on June 28 to look into the policies. But Facebook spokesman Andrew Noyes said the policy update was "long planned" for July 1. Consumer Watchdog argued that the social network's policy controlled the game prices on other websites, a claim that Facebook disputes.

The United States of Connectedness

Mobile phones have helped close the gap between people, connecting friends, family and co-workers across wide distances. But the lines of communication don't follow traditional state and city boundaries and instead reflect different social influences and relationships that are sometimes harder to understand.

But a new data and visualization project called the Connected States of America helps bring some focus into the way mobile phones facilitate communications and shows how conversations and text-messages bind areas and regions together, even ones that are far apart. Researchers at the MIT Senseable City Lab, AT&T Labs-Research and IBM Research today have showed off their work, which takes anonymous aggregated AT&T mobile phone data and creates interactive maps illustrating where calls and text messages are placed and where they connect to. The maps show what areas are likely to be in communication with each other and how some places, sometimes in the same state, remain separated. Metropolitan regions, even ones that spill over state lines, understandably facilitate a lot of communications among people in one area. But there is a lot of back and forth that emerges between states too. For instance, Alabama and Louisiana are sister states because of the cellular traffic between the two, while parts of Tennessee, like Chattanooga break away from the rest of Tennessee and join other neighboring states.

Former CIA Director: Build a new Internet to improve cybersecurity

The United States may seriously want to consider creating a new Internet infrastructure to reduce the threat of cyberattacks, said Michael Hayden, President George W. Bush's CIA director.

Several current federal officials, including U.S. Cyber Command chief Gen. Keith Alexander, also have floated the concept of a ".secure" network for critical services such as banking that would be walled off from the public Web. Unlike .com, .xxx and other new domains now proliferating the Internet, .secure would require visitors to use certified credentials for entry and would do away with users' Fourth Amendment rights to privacy. Network operators in the financial sector, for example, would be authorized to scan account holders' traffic content for signs of trouble. The current Internet setup would remain intact for people who prefer to stay anonymous on the Web. "I think what Keith is trying to suggest is that we need a more hardened enterprise structure for some activities and we need to go build it," Hayden said during a roundtable on cybersecurity hosted by the Potomac Institute for Policy Studies. "All those people who want to violate their privacy on Facebook -- let them continue to play."

What Do CTIA and The GPS Council Have In Common? The Lightsquared Fight Expands to Satellite ATC Generally

[Commentary] Lightsquared does, in fact, cause interference with GPS, even though it is operating under rules the Federal Communications Commission approved in 2003. This brings us to the question of who bears the cost of trying to make Lightsquared, or any new system, work. Which brings us to the expansion of the Lightsquared fight into the Satellite band generally, and the curious partnership between CTIA and the GPS Council.

Both filed petitions asking the FCC to reconsider this order moving toward greater flexibility for satellite providers trying to offer “ancillary terrestrial component” (ATC) based services. Both object to a single, specific paragraph in the order in which the FCC (addressing the Lightsquared fight, which the GPS Council had raised in comments) stated that even existing incumbents have some responsibility to enable new services by making some adjustments to work more efficiently. Needless to say, organizations that represent incumbents, like CTIA and the GPS Council, do not like this one bit. From their perspective, once you get a license, you should never, ever, have to change what you are doing to accommodate someone else — even if that is the right answer from a spectrum efficiency/public policy standpoint. (We will pause a moment to appreciate the irony of CTIA arguing that incumbents must be protected under all circumstances no matter how old and useless their technology while simultaneously pushing to eliminate broadcasting and take their spectrum on the grounds that broadcast television is old and useless.)

Varney Leaving Justice

Christine Varney, Assistant Attorney General of the Antitrust Division, announced her resignation from the Department of Justice, effective as of Aug. 5, 2011. The Wall Street journal reported that she was heading to law firm Cravat, Swayne & Moore.

“Christine Varney led the Antitrust Division with great distinction through a period when the department confronted a number of proposed mergers and other matters that could have led to higher prices, lower quality products and less innovation in a recovering economy. There is no doubt that her tireless work helped protect consumers and businesses from anticompetitive conduct and preserved competition in America’s economy,” said Attorney General Eric Holder. “I will miss her leadership.”

“I am grateful for my two and a half years of service as Assistant Attorney General of the Antitrust Division,” Assistant Attorney General Varney said. “From the start of my time here, it has been a tremendous privilege to work with the department’s leadership and the dedicated professionals in the Antitrust Division.”

Tech policy watchers were quick to question the impact of the move on the Justice Department's pending review of AT&T's proposed acquisition of T-Mobile USA, which has raised concerns about competition in the wireless market.

Public Knowledge's Gigi Sohn said that even though Varney is leaving "we expect the Division’s staff to continue the independent, rigorous analysis they are undertaking in reviewing AT&T’s takeover of T-Mobile. We hope and expect that review will determine the deal is a clear violation of antitrust law that will harm consumers and damage a vital sector of the economy."

Senate Commerce Committee
Jul 13 2011
10:00 AM

A full committee hearing to examine reports of unauthorized mystery charges being placed on landline telephone bills, a practice commonly referred to as “cramming.” The hearing comes after a yearlong Commerce Committee investigation into cramming and its impact on American consumers.



ONC: We Agree to Stage 2 Meaningful Use Delay

Dr Farzad Mostashari, national coordinator for health information technology, has announced his support for delaying Stage 2 of electronic health records meaningful use by one year to 2014 for providers who attest to Stage 1 in 2011. The HIT Policy Committee, which advises ONC, recently recommended the delay. The rationale is that Stage 1 pioneers who attest in 2011 should not be penalized by tight timeframes next summer for getting ready for Stage 2, which starts in fiscal 2013 on Oct. 1, 2012.

700 Mhz Spectrum Auction Bidders

In this Public Notice, the Federal Communications Commission's Wireless Telecommunications Bureau identifies 19 applicants found to be qualified to bid in the upcoming auction of 16 licenses in the 700 MHz Band (Auction 92).

Bidding in Auction 92 is scheduled to begin on Tuesday, July 19, 2011. This Public Notice contains bidding instructions and other important information regarding Auction 92. It also addresses the continuing obligations and auction procedures for all Auction 92 applicants, including those that have not qualified to bid.