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In a press conference after the Federal Communications Commission's public meeting, FCC Chairman Julius Genachowski would not say whether the FCC would open up a new comment window on an incentive auction band plan that has been criticized by both broadcasters and wireless companies.

He spent a good deal more time not exactly responding to the question about the National Association of Broadcasters’ request that the FCC put the TV station post-repacking band plan up for an additional round of comment. NAB says the variable plan that has stations and wireless operators potentially using the same channel in different markets is the wrong way to go. NAB incentive auction point man Rick Kaplan, former head of the FCC's Wireless Bureau, this week called for the new comments and said he expected the FCC would comply. Chairman Genachowski was making no promises, and in fact sounded more like the FCC was not planning to change course. He said that "everything that has happened since Congress passed the incentive auction has made me more optimistic about the opportunities of this new idea as we move forward," though it was unclear whether he was talking about the band plan or the incentive auctions writ large.


Chairman Genachowski Suggests FCC Will Keep Moving Forward With Auction

The Federal Communications Commission’s Office of Native Affairs and Policy (ONAP) released its 2012 report, detailing the Commission’s engagement with more than 400 Tribal Nations and travel to 42 federal Indian Reservations since the Office’s inception in the summer of 2010.

ONAP’s work with Tribes is focused on bringing modern communications infrastructure and the resulting benefits to Tribal Nations and Native communities throughout the United States. ONAP is responsible for developing and driving a Commission-wide Tribal agenda and ensuring Tribal voices are taken into account in Commission proceedings. Geoffrey C. Blackwell, Chief of ONAP, outlined several Commission accomplishments with respect to Tribal Nations in a presentation to FCC Chairman Julius Genachowski and the other Commissioners at the agency’s regular Open Meeting on March 20. Blackwell spoke of the important exercise of the government-to-government relationship that the Commission shares with Tribal Nations through agency consultation and coordination on the ground with Tribal leaders in Indian Country. His presentation summarized highlights from ONAP’s 2012 Annual Report, as well as several case studies of Tribal Nations with whom the Commission is working.


FCC Office of Native Affairs and Policy Issues Report on 2012 Accomplishments and 2013 Tribal Priorities FCC’s Office of Native Affairs and Policy (read the report) Statement (Chairman Genachowski) Statement (Commissioner McDowell) Statement (Commissioner Clyburn) Statement (Commissioner Rosenworcel) Statement (Commissioner Pai)

After nearly seven years of carrying out the incredibly high honor of serving the American people at the FCC, it is time to turn more of my energies towards an even higher calling: serving my family. After a great deal of deliberation, I have decided that I will step down as a commissioner of the Federal Communications Commission in a few weeks…. I would also like to thank the individuals who literally handed me this job, twice: first and foremost, Senator Ted Stevens, President George W. Bush, Senator Mitch McConnell and President Barack Obama, as well as many Members of Congress. Thank you for placing such enormous trust in me…. So what am I doing next? I will be talking to the FCC’s Chief Ethics Officer, Patrick J. Carney, to make sure that my departure is in full compliance with the letter and spirit of all of our ethics rules. Beyond that, I have no plans other than to take my family on a much-needed vacation starting this weekend.


Commissioner McDowell Announcing His Plans To Step Down From The Federal Communications Commission In The Near Future Statement (Commissioner Pai) Statement (Commissioner Rosenworcel) McDowell To Leave FCC (Multichannel News) FCC’s McDowell to Leave ‘In a Few Weeks’
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The departure of Federal Communications Commission member Robert McDowell, observers say, makes it easier for FCC Chairman Julius Genachowski to soon follow him to the doors — since now he’ll leave Democrats with a 2-1 voting advantage (whereas if he’d left before Commissioner McDowell, the FCC would be in a 2-2 deadlock). Though Chairman Genachowski said he had “no news” regarding if and when he’d leave the FCC, the White House has been interviewing potential replacements. It is unclear who President Barack Obama will pick to replace Commissioner McDowell, though whoever the GOP pick is, that nominee could wind up paired with the Democratic nominee to replace Genachowski, following in the tradition of grouping one Democratic candidate with a GOP one for a smoother Senate confirmation.

  • "We extend our gratitude to commissioner McDowell for his excellent service to the Federal Communications Commission and American public," said National Cable and Telecommunications Association President Michael Powell. McDowell was named to the commission in 2006 to fill the unexpired term of then chairman Powell.
  • "Robert McDowell has been a remarkably gifted public servant during his seven-year tenure at the FCC," said National Association of Broadcasters president Gordon Smith.
  • "I've been around the FCC for 40 years and have never seen anyone render greater public service," said Preston Padden, executive director of the Expanding Opportunities for Broadcasters Coalition.
  • AT&T senior VP Jim Cicconi called McDowell a "true leader, focused on promoting the interests of consumers as well as innovation and economic growth. His impressive knowledge of communications law and regulations has been a major asset to the Commission in so many of the important and complex issues it has tackled.”
  • "Although we often disagreed, working with commissioner McDowell was a pleasure," said Public Knowledge. "His willingness to hear opposing views, the intellectual rigor in his analysis, and his leadership at the WCIT made him someone we enjoyed working with.
  • "We congratulate commissioner McDowell on his decision to leave the FCC," said Free Press president and CEO Craig Aaron. "As he considers his next move, we hope he will reject the revolving door and resist becoming another FCC leader who exploits his public service to cash in at the companies he was supposed to regulate. We urge the president to nominate a Republican successor who is not simply another cheerleader for the biggest businesses and media monopolists, but who recognizes the free market cannot work if companies are allowed to amass and abuse market power.”
  • Ranking Senate Commerce Committee John Thune (R-SD), who is expected to have a hand in selecting a successor to McDowell, called him a freedom fighter for markets and ideas.
  • American Cable Association President Matt Polka praised McDowell for his "distinguished career" at the commission, "where he demonstrated an impressive mastery of the complicated regulatory framework that governs the communications industry, including independent cable operators."
  • "We appreciate the energy and enthusiasm he brought to his work, his strong interest in technology and innovation, and his leadership most recently in the international arena where he has been a strong advocate against efforts to regulate the Internet," said US Telecom president Walter McCormick.
  • The Parents Television Council praised McDowell for trying to goose the pace of FCC dispensation of indecency complaints.
  • FCC Chairman Julius Genachowski called McDowell "an extraordinary colleague, creative, wise and a great partner on the commission." He called him "essential" to many FCC achievements that would not have happened without him and has "always improved the quality of [the FCC's] work." He said they had worked through countless issues, a process he has "thoroughly enjoyed."
  • Fellow commissioner Mignon Clyburn fought back tears at the meeting as she talked of McDowell's loyal friendship and support.
  • "He is smart, insightful and deeply knowledgeable about all things communications," said Commissioner Jessica Rosenworcel. She joked that she thought she understood spectral interference before I arrived at the commission -- she was a top telecom advisor to the Senate Commerce Committee -- "but Rob has now explained to me that noninterference is, in fact, the 'prime directive."
  • Commissioner Ajit Pai: "He has proven to be a consistently wonderful colleague. He is just the model public servant in so many ways. I don't know what we are going to do without him, but I am hopeful that the chairman and my colleagues agree that I ought to have two votes."
  • House Commerce Committee Chairman Fred Upton (R-MI) said, “At a time when broadband and wireless technology are transforming voice, video, audio and data communications, we could not have asked for a better steward than Commissioner McDowell. With every decision, he has fought to ensure we are creating an environment for investment, innovation, and growth. And he has done so with both eloquence and good humor. No question that he has left the communications landscape better than he found it. We thank him for his service."
  • Communications and Technology Subcommittee Chairman Greg Walden (R-OR): "For more than a half decade, Robert McDowell has embodied the consummate FCC commissioner. He has kept a steadfast eye on how to foster a vibrant communications marketplace for the American people and the American economy. He has always stood up to protect the freedom of the Internet for all, and at every turn he has made sure to respect good process, good policy, and the rule of law. The country is all the better for his service. With much gratitude, we wish him all the best wherever his path may take him."

At FCC, GOP commissioner’s departure clears way for Genachowski’s exit McDowell Exit Draws Praise for His Tenure (B&C) Tech, telecom groups react to resignation of FCC’s McDowell (Washington Post) McDowell Reaction Keeps on Coming (B&C)

The Federal Communications Commission proposed action to improve the reliability and resiliency of America’s 9-1-1 communications networks, especially during disasters, by ensuring that service providers implement vital best practices in network design, maintenance, and operation. The FCC also proposed amending its rules to clarify how service providers can more effectively and uniformly notify 9-1-1 call centers of communications outages and cooperate to restore service as quickly as possible.

In a Notice of Proposed Rulemaking adopted March 20, the FCC moved forward to implement four key recommendations for strengthening 9-1-1 service made by the FCC’s Public Safety and Homeland Security Bureau. The Bureau’s recommendations, contained in a January 2013 report, resulted from an in-depth inquiry into the widespread 9-1-1service failures that occurred after a derecho storm hit portions of the Midwest and Mid-Atlantic in June 2012. The FCC is seeking comment on the most effective approaches for implementing the recommendations in the Bureau’s report.

Specifically, the Commission is seeking the best ways to ensure that service providers:

  • Periodically audit 9-1-1 circuits for physical diversity, which will improve network reliability and resiliency by helping to identify and correct single points of failure;
  • Maintain adequate central office backup power, such as generators and battery backup systems, supported by appropriate maintenance, testing, and records retention; and
  • Maintain reliable and resilient network monitoring systems to provide accurate situational awareness during communications outages.

The Commission put forth a range of possible approaches for implementing these recommendations, including:

  • Reporting – where the Commission would require service providers to periodically report on the extent to which they are voluntarily implementing critical best practices or complying with standards established by advisory bodies or requirements established by the Commission;
  • Certification – where the Commission would require providers to certify periodically that their 9-1-1 network service and facilities meet specified criteria;
  • Reliability requirements – where the Commission would specify minimum requirements for 9-1-1 communications reliability; and
  • Compliance reviews and inspections conducted by the Commission to verify that 9-1-1 service providers are following certain practices or adhering to certain requirements.

The Commission also posed a range of questions regarding the extent to which 9-1-1 service providers implement existing best practices, the incentives most likely to ensure that they do so in the future, and the costs and benefits of ensuring that best practices are implemented in each area. Whatever approach is ultimately adopted must account for differences in service providers’ networks and support the ongoing transition from today’s legacy 9-1-1 system to a Next Generation 9-1-1 (NG9-1-1) system, the Commission said. In addition, the Commission is considering clarifying its current rule that requires service providers to notify 9-1-1 call centers of significant communications outages. To provide service providers with greater specificity about their obligation, the proposed rule would require them to notify 9-1-1 call centers of outages immediately, by telephone and in writing via electronic means, with critical information.


FCC Takes Action to Ensure Reliability of Calls to 9-1-1 During Times of Emergency Statement (Chairman Genachowski) Statement (Commissioner McDowell) Statement (Commissioner Clyburn) Statement (Commissioner Rosenworcel) Statement (Commissioner Pai)
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Last year, a Deloitte survey reported that a staggering 20 percent of Americans had either cut the cord — stopped subscribing to Comcast, Dish, Verizon, etc., in favor of Apple, Netflix, Hulu, etc. — or were thinking about it. But that was then! This year’s Deloitte survey reports that a mere 8 percent of Americans are cord-cutters, or would like to be.

If you compare the two reports side by side — and don’t look closely at the wording of the questions — you’d conclude that the cord-cutting population had decreased by about 6 percent of TV households, or six million people. What happened? Clearly, people didn’t get more excited about paying for TV in the last year — based on industry reporting, the total number of subscribers remained about flat, just like it has been for the past few years. The most likely answer is the one that occurred to me in 2012: That the wording in last year’s survey confused respondents, and that many of them thought the question was about dropping a pay TV channel, like HBO — not cutting the cord altogether.


How Six Million Cord-Cutters Disappeared
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Crest Financial said that it has hired a proxy solicitation firm to aid in its opposition of Sprint’s plan to acquire the rest of Clearwire.

The Houston-based investment company owns 3.9 percent of Clearwire and has already sued Clearwire and its directors, arguing that they have breached their fiduciary duties in accepting Sprint’s offer. In hiring proxy-solicitation firm D. F. King & Co., Crest is signaling its intent to extend its opposition into a full-on proxy fight. Crest also demanded that Clearwire make available its list of shareholders.


Clearwire Shareholder Hires Proxy Firm in Bid to Stop Sprint Deal
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Market research firm NPD Group has published a report that finds there are now more than 500 million devices in US homes that connect to the Internet. And for the first time, smartphones and tablets outnumber PCs in that tally.

NPD's Connected Intelligence report found that households now have an average of 5.7 devices (up from 5.3 just 3 months ago). That increase has been driven by the red hot tablet market -- there are now tablet devices in 53 percent of homes in the US, up from 35 percent in December. Smartphones also have edged into 9 million more pockets over the last three months, according to NPD, and they now account for 57 percent of cell phones in the US market.


More addresses please—US hits a half-billion Internet devices
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Security experts at this year’s RSA Conference were optimistic that President Obama’s Executive Order on Cybersecurity would lead to more data sharing between public and private enterprises, but they weren’t sure how great the quality of the exchanges would be.


Will Obama's Executive Order on Cybersecurity Lead to More Data Sharing? RSA Conference 2013 (see the video)
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One of the nation’s fastest free public Wi-Fi networks was unveiled in downtown San Jose (CA) on March 14.

Partnering with hardware provider Ruckus Wireless and an engineering team at SmartWAVE Technologies, the city upgraded both its infrastructure and its equipment to revitalize its existing Wi-Fi network and create new opportunities for the city and its residents. The new network, which cost the city about $94,000 up front, and $22,000 annually, will complement a changing atmosphere in downtown San Jose, CIO Vijay Sammeta said. The City Council recently approved curbside dining, an activity that will be greatly enhanced by the public’s ability to access high-speed Internet. San Jose, dubbed the Capital of Silicon Valley, also is using the new network to provide Internet access to city facilities, such as parking meters that handle time-sensitive transactions. City services using the new downtown Wi-Fi network will help offset some of its costs by using the public network instead of buying Internet service independently. The new network uses the wireless-N standard and can provide download speeds of 3 to 4 Mbps on a mobile device, according to Ruckus Wireless.


San Jose Launches Fast Public Wi-Fi