October 2014

NEWS FROM THE FCC

FCC CONTINUES PUSH TO REIN IN THE HIGH COST OF INMATE CALLING
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission took the next steps toward reining in the high cost of making a phone call to inmates behind prison walls. Building off initial reform efforts started last year, the FCC is seeking comment on a comprehensive, market-based approach to achieving just, fair and reasonable rates for all inmate calling -- local, in-state long-distance and out-of-state long distance. While the FCC in 2013 capped exorbitant interstate inmate calling rates, the cost of in-state calls remains high, calling fees have mounted, and payments to prisons unrelated to the cost of providing service have escalated, driving up rates. In the Further Notice of Proposed Rulemaking adopted today, the FCC is seeking comment on whether to ban certain payments demanded by prisons of inmate calling service providers. These payments -- called site commissions -- are often used by prisons to pay for services and facilities not related to the cost of hosting calling services, driving up the cost of each call for families of inmates. A market not focused on the highest site commissions could free providers to submit market-driven, competitive bids for calling service contracts, based on cost, service, security, and other features. In summary, the Further Notice of Proposed Rulemaking seeks comment on the following:
Permanent rate caps on local, intrastate and interstate calling
What level of cap would ensure coverage of the enhanced security requirements of inmate calling
The elimination of per-call connection fees• Prohibiting site commissions as a category for all interstate and intrastate services but permitting facilities to recover any legitimate costs of provisioning inmate calling services
Capping and restricting ancillary fees, such as fees to open and maintain calling card accounts
Phasing in these changes, with rate caps being effective in 90 days and a 2-year transition away from site commissions.
Ensuring that inmate calling services are accessible for all Americans, including inmates and families with disabilities.
Effective methods of enforcing inmate calling rate rules and reviewing their effect.
benton.org/headlines/fcc-continues-push-rein-high-cost-inmate-calling | Federal Communications Commission | Andrew Jay Schwartzman
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FCC BOOSTS WIRELESS BROADBAND BY EASING INFRASTRUCTURE BURDENS
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission adopted a Report and Order that takes critical steps to promote deployment of the wireless infrastructure necessary to provide the public with ubiquitous, advanced wireless broadband services. The Report and Order updates and tailors the manner in which the FCC evaluates the impact of proposed deployments on the environment and historic properties. It also adopts rules to clarify and implement statutory limitations on State and local government authority to review infrastructure siting applications -- including a “deemed granted” remedy if a State or local government fails to act on an eligible facilities modification request under Section 6409(a) of the Spectrum Act. Finally, it adopts an exemption from the environmental public notification process for “temporary towers” that are in place only for short periods of time. Taken together, these steps lay the groundwork necessary for delivering more wireless capacity in more locations to consumers throughout the United States. At the same time, it adheres to statutory obligations to protect the environment and historic properties, and it safeguards Tribal, State, and local land-use priorities as well as safety and aesthetic interests.
benton.org/headlines/fcc-boosts-wireless-broadband-easing-infrastructure-burdens | Federal Communications Commission
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FCC EXPLORES USE OF NEW FREQUENCY BANDS
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission began examining the use of new frequency bands for mobile services as part of the FCC’s efforts to help meet the growing demand for spectrum. Based on a recommendation from the Technological Advisory Council, the Notice of Inquiry seeks to broaden the FCC’s understanding of the state of the art in technological developments that could unlock millimeter wave spectrum above 24 GHz for next-generation mobile wireless services. The FCC’s goal is to develop a more thorough understanding of this technology. In addition, instead of waiting for the technology to develop in a potentially mismatched regulatory structure, the FCC is starting a process to examine any regulatory changes that might be necessary to ensure this technology will flourish. The Notice asks a series of very detailed questions about technological developments that could facilitate mobile use of the bands above 24 GHz. It then seeks comment of the suitability of various bands for mobile use, taking into account existing uses in those bands. Finally, the Notice asks about various approaches to licensed or unlicensed use of the bands above 24 GHz.
benton.org/headlines/fcc-examines-use-new-frequency-bands-mobile-services | Federal Communications Commission
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IP TRANSITION AND 911 OUTAGE
[SOURCE: telecompetitor, AUTHOR: Joan Engebretson]
The transition to next-generation 911 (NG911) emergency services based on IP played a role in the April outage that prevented people in seven states from being able to reach emergency dispatchers, said Rear Admiral David Simpson, chief of the Federal Communications Commission’s Public Safety and Homeland Security Bureau. He also noted an increase in what he called “sunny day” 911 outages that occur for “purely technical reasons” unrelated to weather or other external events. He said there were three other major “sunny day” outages in 2014 in addition to the April outage, but there were no such outages in 2013 or for earlier years. Rear Admiral Simpson said all three of those other outages were related to NG911 implementation or the TDM-to-IP transition. Michael Connelly, an attorney advisor to Public Safety and Homeland Security, offered six recommendations aimed at preventing this sort of situation from occurring again:
Development of a comprehensive set of best practices as the nation transitions to NG911
Conducting further investigation to maintain pace with evolving technologies and challenges
Closer coordination between government and commercial entities
All parties involved in end-to-end call completion should practice situational awareness during an outage
The FCC should establish reporting rules for the transition and should enforce those rules as necessary
The primary 911 provider should evaluate contractual relationships and establish mechanisms to maintain meaningful control over sub-contractors
benton.org/headlines/fcc-tdm-ip-transition-was-cause-911-outage-affecting-seven-states | telecompetitor | see the report | Public Knowledge
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C3: A LAWYER’S PERSPECTIVE
[SOURCE: Federal Communications Commission, AUTHOR: Jon Sallet]
I’ve labeled this this talk C3 to reflect three dimensions of [Federal Communications Commission Chairman Tom Wheeler’s] Agenda for Broadband Competition. First, how the Commission might be able to incent more competition. Second, how the Commission can protect competition where it exists. And, third, to identify the scope and contours of competition as administered under the FCC’s public interest standard.
Let’s begin by asking how can the Commission incent competition? Of course, the Commission doesn’t root for one business model over another. But it does -- and it should -- look to see if any of its rules should be updated to facilitate the innovation that is occurring in the marketplace.
How does the Commission protect competition? An obvious way is through its merger review. The Communications Act instructs the Commission to review transactions involving licenses and authorizations and to determine whether such a transaction would serve “the public interest, convenience, and necessity.” The public interest standard supports the pursuit of values that do not stand or fall on efficiency gains. The Commission considers, as it has said, the “broader aims of the Communications Act”.
The third dimension is the unique role of the Commission in expanding the contours of competition to include broader public interest considerations.
benton.org/headlines/c3-lawyers-perspective | Federal Communications Commission | Public Knowledge
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INTERNET/BROADBAND

THE UNDIGITAL NATION
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
[Commentary] On October 16, the US Commerce Department’s National Telecommunications and Information Administration (NTIA) released a report, Exploring the Digital Nation: Embracing the Mobile Internet, which finds that over the last five years, the total number of Americans 16 and older that accessed the Internet on any device grew by 18 percent from 151 million in 2007 to 187 million in 2012 after adjusting for population growth. Broadband adoption at home increased to 72 percent of households in 2012 from 69 percent in 2011. Despite the progress in home broadband adoption, the report also identifies persistent gaps in home Internet use. In 2012, a significant portion -- 28 percent -- of American households did not use broadband at home. A lack of interest or need (48 percent) and affordability (29 percent) are the top two reasons for non-adoption. The NTIA stresses that Americans are rapidly embracing mobile Internet devices such as smart phones and tablet computers for a wide range of activities beyond just voice communications (such as checking e-mail and using social networks) and concludes that mobile phones appear to be helping to narrow the digital divide among traditionally disadvantaged groups. In this summary of the NTIA report, we focus on the reasons for non-adoption cited in the survey. As the report's authors write, “The ... discussion of the main reasons why some households declined to access the Internet at home, in order of their prevalence among 2012 [Current Population Survey] respondents, may assist policymakers as they pursue universal broadband adoption and affordable connectivity in every community in the nation.”
http://benton.org/blog/undigital-nation-ntia-finds-persistent-gaps-home-...
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WIDESPREAD DISRUPTION
[SOURCE: The Hill, AUTHOR: Julian Hattem]
Major Internet companies are warning a federal court that the outcome of a landmark trade case could put the future of the Internet at risk. The Internet Association -- which includes Google, Facebook and other industry giants -- filed an amicus, or friend-of-the-court, brief. The case involves the authority of the International Trade Commission (ITC), an independent agency that gives advice on trade policy. The group warned that the trade commission’s claim to have jurisdiction over electronic data sent into the US could “risk widespread disruption of the global Internet and to essential American economic interests.”
benton.org/headlines/internet-association-warns-court-about-widespread-disruption-online | Hill, The
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October 2014

October 20, 2014 (News from the FCC Meeting)

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Sesame Workshop Tackles Literacy With Technology

The UN Trumps Silicon Valley

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