April 2016

FCC Announces Meeting of the Task Force on Optimal PSAP Architecture for Scheduled May 6, 2016

By this Public Notice, the Federal Communications Commission , consistent with the Federal Advisory Committee Act (FACA), announces the meeting of the Task Force on Optimal PSAP Architecture (TFOPA), to be held on May 6, 2016, from 1:00 pm – 4:00 pm in the Commission Meeting Room at FCC Headquarters. Notice of this meeting was published in the Federal Register on April 13, 2016.

The TFOPA is a federal advisory committee that will provide recommendations to the Commission regarding actions that Public Safety Answering Points (PSAPs) can take to optimize their security, operations, and funding as they migrate to Next Generation 911 (NG911). At this meeting, the Task Force will hear overview presentations of 2016 tasks from the Task Force's three working groups, specifically Working Group 1 - Optimal Approach to Cybersecurity, Working Group 2 - Optimal Approach to NG911 Architecture Implementation, and Working 3 - Optimal Approach to NG911 Resource Allocation.

Deletion of Consent Agenda From April 2016 Open Meeting

The following consent agenda has been deleted from the list of items scheduled for consideration at the Thursday, April 28, 2016, Open Meeting and previously listed in the Commission’s Notice of April 21, 2016. The items have been adopted by the Commission.

Wilfredo G. Blanco-Pi, Application for a New AM Booster Station at Guayama, Puerto Rico: The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Wilfredo G. Blanco-Pi seeking review of a Media Bureau letter decision.
Edward A. Schober, Application for Construction Permit for New FM Translator Station W250BA, at Manahawkin (NJ): The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Edward A. Schober seeking review of an Audio Division, Media Bureau decision.
Powell Meredith Communications Company, Application for a New AM Broadcast Station at Paradise (NV): The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Powell Meredith Communications Company seeking review of a Media Bureau letter decision.
WKMJ Radio Live The People Station, Inc., Application for a Construction Permit for a new LPFM Station at Pinellas Park (FL): The Commission will consider a Memorandum Opinion and Order concerning a Petition for Reconsideration filed by WKMJ Radio Live the People Station, Inc., seeking review of the Commission’s Memorandum Opinion and Order.
US Pro Descubierta, Application for a New LPFM Station at Seffner (FL): The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by US Pro Descubierta seeking review of a Media Bureau letter decision.

Chairman Wheeler: Charter Merger Conditions Create Competition Zone

Federal Communications Commission chairman Tom Wheeler says that the conditions he has proposed placing on the Charter-Time Warner Cable-Bright House merger have created a "seven-year innovation and competition zone," referring to the seven-year length of broadband-related conditions. Chairman Wheeler was asked whether those conditions signaled a precedent for how the FCC would view future mergers and what signal it should be sending to the market. "I think what we did was we created a seven-year innovation and competition zone. That, in terms of access says that there will be during this period an open opportunity for those who are innovative and competitive to have an opportunity to bring new competition and new services."

But Chairman Wheeler did say every issue was looked at on a case-by-case basis and warned against generalizing about other deals. Chairman Wheeler said that the timetable of the deal approval was because it was in conjunction with the Justice Department, which explained why it had come out this week—it had been thought the decision would circulate in March. "We were working with each other, so that is kind of the answer on the timing," he said.

Chairman Wheeler: Set-Top Proposal Has 'Gotta Be Done’

Federal Communications Commission Chairman Tom Wheeler says that Comcast's announcement that it was putting set-top box functionality into Samsung Smart TVs and would not charge a monthly fee made the FCC's set-top case for it. He said he was encouraged by the “technological and business solution" the announcement represents and said it was a "model" and in "accord" with what the FCC "has been talking about." But he still said the set-top proposal needed to get done to make sure that kind of model was available across the board.

"Let's take how that is happening, put that in the rule, and make it available for everybody." "I think that what Comcast just did is proving our point that you can take a third-party device, put set-top box functionality into it, and protect copyright and the economic ecosystem." Cable operators have argued that Chairman Wheeler's proposal to make set-top content and data available to third parties threatens content protections, contracts, and ad integrity and would require new devices and network rebuilds. Chairman Wheeler said it would not mean rebuilding the network or "all the other horrible things" the industry has cited. He said the essence of the proposal was that content could be safely moved to third-party devices. He said it was essential that the third party option be available to everyone regardless of who their cable operator is, regardless of the kind of TV, and "for all time, not until a unilateral decision is made to pull the plug." Chairman Wheeler said his proposal "has gotta be done. And that's the road we are headed down."

Statement of Commissioner Pai on Passage of Kari's Law By Congressional Committees

I want to commend the US Senate Committee on Commerce, Science, and Transportation and the US House of Representatives Committee on Energy and Commerce for passing Kari’s Law. This legislation seeks to ensure that every call to 911 directly connects those in need with emergency personnel who can help. I hope that the full membership of each House of Congress passes this public safety measure and that it soon becomes law.

Statement of Commissioner O'Rielly on HR 2593

Given my outspoken involvement in Federal Communications Commission process related issues, I want to commend [Rep Bob Latta’s (R-OH)] effort to bring the public into the loop on FCC decisions pushed to the staff level.

Notifying the American people of imminent staff decisions should be a basic priority. And with a Commission intent on avoiding accountability by delegating more and more important decisions to staff, from 2015’s wireless competition report to key policies on the incentive auction, Lifeline, and E-Rate, it is more important than ever to shed some additional light on this process. Compared to the circulation time of items at the Commission level, during which the public has notice of the items as well as often descriptive materials, 48 hours is a very short time period, though the decisions can be just as consequential. The Commission is able to bypass quite a bit of public input through the abuse of delegated authority – it should not be permitted to bypass public notice as well. To be clear, nothing in the Rep Latta bill will undermine the functionality of the Commission or the deliberative process, in fact it will enhance its efforts and should be a welcomed reform.

Encryption Without Tears

[Commentary] In an increasingly digital world, strong encryption of devices is needed to prevent criminal misuse of data. But technological innovation must not mean placing individuals or companies above the law. Today, the FBI is unable to gain access to data on many of the mobile devices they obtain that are password protected...We are circulating a proposal in the Senate to ensure that technology does not undermine the justice system.

The draft proposal requires a person or a company—when served with a court order—to provide law enforcement with information (in readable form) or appropriate technical assistance that is responsive to the judicial request. This will enable law enforcement to conduct investigations using the communications involved in criminal and terrorist activities. Our draft bill wouldn’t impose a one-size-fits-all solution on all covered entities, which include device manufacturers, software developers and electronic-communications services. The proposal doesn’t define the technological solutions or tell businesses how to solve the problem. It provides compensation for reasonable costs that businesses may incur when complying with a court order. We want to provide businesses with full discretion to decide how best to design and build systems that maintain data security while at the same time complying with court orders. We are not asking companies to provide law enforcement with unfettered access to encrypted data. We aren’t even asking companies to tell the government how they gain access to this encrypted data. All we are doing is asking companies to find a way to keep their data secure while also cooperating with law enforcement in terrorism and criminal investigations.

Security of critical phone database called into question

Federal officials fear that national security may have been jeopardized when the company building a sensitive phone-number database violated a federal requirement that only US citizens work on the project. The database is significant because it tracks nearly every phone number in North America, making it a key tool for law enforcement agencies seeking to monitor criminal or espionage targets. Now Telcordia, a Swedish-owned firm, is being compelled to rewrite the database computer code — a massive undertaking — to assuage concerns from officials at the FBI and Federal Communications Commission that foreign citizens had access to the project.

These officials fear that if other countries gain access to the code, they could reap a counterintelligence bonanza, learning the targets of US law enforcement and espionage investigations. The security rewrite began in March after the agencies learned that a Chinese citizen with a US work permit had helped write the system code, said individuals familiar with the matter who spoke on the condition of anonymity to discuss a sensitive matter. Seven other foreign citizens, including a British engineer, also worked on the project, although it was the Chinese engineer who raised red flags for officials. In a separate development, a former Telcordia employee in New Jersey alleged in a civil lawsuit made public recently that he was fired in retaliation for blowing the whistle on a foreign worker. Put together, these incidents raise a broader question about the security of a database that is perhaps the most important cog that most people have never heard of in the communications network.

Facebook breaks content restriction record after Paris attacks

Facebook restricted a record amount of content at the request of governments around the world in the second half of 2015 — an increase almost solely attributed to a single image showing the devastation after the November terrorist attacks in Paris. Facebook said it restricted 55,827 pieces of content posted at the request of France and a handful of other governments across the globe from July to December of 2015. The social media company saw content restrictions shoot up late last year after France pressed to block an image showing the graphic aftermath of the shootings inside the Bataclan theater, where 90 people were killed.

The image was blocked in France, but not in other countries. Authorities alleged the photo violated a law "related to the protection of human dignity." Facebook blocked 32,100 instances of that image in France — more than half of the content restrictions around the globe. "The photo was alleged to violate French laws related to protecting human dignity. We restricted access to more than 32,000 copies of the photo, in France only, in response to a legal request from the French government," Facebook deputy general counsel Chris Sonderby said. Facebook did not restrict any items in the United States at the government's request, according to its transparency report.

New House Smart Transportation Caucus will help keep hackers out of cars

Four House members, Reps Joe Barton (R-TX), Joe Wilson (R-SC), Debbie Dingell (D-MI), and Ted Lieu (D-CA), established a new caucus focused on connected and self-driving cars. The House Smart Transportation Caucus comes as autonomous driving is quickly becoming a reality, with Internet-enabled devices within vehicles sparking fears of remote hacking.

The bipartisan group said it will focus on identifying policies that make sure these new technologies are safe for drivers and secure from digital intruders.' Together, the group will look at a wide range of new-age transportation tools, such as upcoming transit and parking technologies, alternative traffic and freight management systems, and “smart infrastructure,” or structures such as buildings and roads that are embedded with sensors to collect and analyze data. The members said they want to educate members on these cost-reducing and life-saving technologies and bring together those involved from the private sector and federal government.

Benton

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