August 2016

On June 27, Sen Charles Schumer (D-NY) wrote to Federal Communications Commission Chairman Tom Wheeler about emergency 911 services.

Sen Schumer wrote: “Recent events have demonstrated the need to access 911 dispatchers with more than traditional voice calls. In fact, during the Orlando shooting, many individuals were able to use their cell phones to text loved ones; however they were unable to text 911. The usefulness of an advanced 911 system in states where the technology exists demonstrates the substantial help it is for those with disabilities or in situations where initiating a voice call may be too dangerous. In areas where call centers experience high call volumes, 911 technologies like Next Generation (NG911), which supports voice, text, data, and video communication, can help overburdened emergency centers better handle their response.”

On August 23, Chairman Wheeler replied saying, “I agree that we collectively can do more to help the nation's PSAPs overcome the funding, planning, and operational challenges that are stalling the transition to NG911 , and I will continue to be an aggressive champion towards that end. In your letter, you urge the Commission to convene all the appropriate stakeholders to identify barriers to NG911 implementation and ways to speed up the process. We have already begun this task by convening our PSAP Task Force, which has brought together many of the nation's leading experts on 911 and NG911 , including practicing 911 professionals from state and local government, as well as representatives from public safety organizations, industry, consumer groups, and the federal government. Earlier this year, the Task Force issued a comprehensive report containing recommendations to help PSAPs migrate to Next Generation architecture, develop sustainable funding models, and provide cybersecurity protection to the 911 system as it transitions to IP-based technology. The Task Force is continuing to refine its recommendations and we are committed to working with all stakeholders to help implement them. In particular, we intend to expand our engagement to include local and state government leaders, including state legislators and governors, who are essential to making the NG911 transition happen in their states and communities.”

AT&T is off the hook in a data throttling lawsuit that the Federal Trade Commission brought against the carrier. The Ninth Circuit Court of Appeals dismissed the suit in a move that could have ramifications for both wireless and wireline data delivery. In its decision, the appeals court reversed the decision of a lower court, which had denied AT&T’s motion to dismiss the case, filed by the FTC in 2014. The FTC had accused AT&T of slowing the data speeds, or “throttling,” heavy users on its unlimited wireless data plan, in some cases by as much as 90 percent. The practice, according to the commission, was deceptive. For its part, AT&T didn’t deny that it had throttled some users, but instead argued that an exception is in place for common carriers. The Ninth Circuit agreed with this argument. The FTC has not yet said whether it would appeal the decision, saying that only that it is “considering our options for moving forward.”

Other battles over traffic prioritization, bandwidth throttling and other forms of traffic shaping were key factors in the passage of net neutrality rules by the FCC in early 2015. The rules specifically bar throttling. AT&T will probably not face any other actions around its wireless throttling. The FTC’s lawsuit was originally filed before net neutrality rules came into effect. Since the FTC isn’t suing about the fairness of the throttling practice itself, but about AT&T’s alleged failure to clearly disclose its throttling policy to customers, the judge says this is not an issue of regulatory overlap.

Building reliable, ubiquitous high-speed broadband connectivity is tough. It takes an enormous commitment of capital and resources and a highly-skilled and capable work force. Yet AT&T has been at it for over 140 years. Between 2011 and 2015, while Google Fiber was cutting its teeth on fiber, AT&T invested over $140 billion in its network, building to over one million route miles of fiber globally and deploying ultra-high-speed fiber-fed GigaPower broadband services, reaching over a hundred cities. Along the way, AT&T spent over $13 billion with minority, women and disabled veteran-owned suppliers in 2015 alone. Google Fiber will no doubt continue its broadband experiments, while coming up with excuses for its shortcomings and learning curves.

Google Fiber still complains it’s too hard…and costs too much…and takes too long… even as it’s reported that Google Fiber will now try to do all this with half its current workforce. Meanwhile, without excuses or finger-pointing, and without presenting ultimatums to cities in exchange for service, AT&T continues to deploy fiber and to connect our customers to broadband services in communities across the country. Welcome to the broadband network business, Google Fiber. We’ll be watching your next move from our rear view mirror. Oh, and pardon our dust.