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Federal Trade Commission member Julie Brill and a top Qualcomm attorney clashed over whether companies who agree to license standards-essential patents to enable others to build off their technology ought to be able to seek injunctions if they have a conflict.
Qualcomm Vice President Fabian Gonell questioned the FTC's place to interfere with such litigation at a POLITICO Pro 2012 Technology luncheon. Commissioner Brill forcefully responded, saying that the FTC has a place "if it has an impact on competition." "When this issue comes up in a competition sense, we will take action because we think there’s been some anti-competitive act," Commissioner Brill said. "It’s one thing to go to court and seek an adjudication based on FRAND-encumbered SEPs. It’s another thing to lock down the technology that was supposed to be licensed based on FRAND rates."
Commissioner Julie Brill defends FTC’s patent policing
Federal Trade Commission member Julie Brill said that the agency still hopes to resolve its antitrust investigation of Google by the end of this year.
“That is still the hope,” Commissioner Brill said at POLITICO Pro’s P2012 Policy and Politics Technology Luncheon. Commissioner Brill acknowledged lawmakers’ concerns about the FTC’s potential use of its Section 5 authority. She noted that the commissioners are hearing plenty from lawmakers and others on the need to clarify the extent of the FTC’s powers under Section 5. Brill said it would be a “great idea” for the agency to develop “contours” on the authority.
FTC Commissioner Brill: FTC hopes to resolve Google probe soon
Mobile advances over the last 12 months show no sign of stopping. Improvements in hardware, software, services and networks all add up to more online activities and subscriber growth for network operators. What will the next wave of innovation bring? Rather than reiterate some ideas that haven’t yet taken root — namely widespread NFC use, standardized mobile payments and a third player in the mobile platform space — our mobile experts share thoughts on trends that will more likely affect consumers and enterprises in the coming year.
- Stacey Higginbotham: Chip wars intensify as more gain LTE integration.
- Kevin Fitchard: The incredibly shrinking network; and The resurgence of the mobile virtual network operator (MVNO).
- Kevin Tofel: Wi-Fi gets better both in and out of the home; and Digital assistance and contextual smarts improve on smartphones… and beyond.
What we’ll see in 2013 in mobile
Delegates at WCIT-12 have sounded global agreement on the need for the next phase of ICT development to prioritize environmental sustainability, reaching consensus on the inclusion of a provision targeting “energy efficiency and e-waste” in drafts of what will become 2012’s set of International Telecommunication Regulations (ITRs). A provision of Article 8 encourages Member States to cooperate in adopting best-practice energy efficiency and e-waste policies, regulations and business practices. In the language of what will soon be an international treaty, “Member States are encouraged to adopt energy efficiency and e-waste best practices taking into account relevant ITU-T Recommendations.”
WCIT-12 Enshrines Environmental Sustainability in Global ICT treaty
[Commentary] Anyone following the International Telecommunications Union (ITU) World Conference on International Telecommunications (WCIT) over the last 36 hours knows this has become a moment of high drama around the International Telecommunications regulations (ITRs) and the role of the ITU for internet-related issues. Unfortunately, that is probably the only thing anyone can say for certain.
Even the member states on the ground have expressed confusion on critical matters, such as whether the widely reported “vote” on a resolution that included express language relating to the internet was really a vote or not. Public Knowledge does not want to pre-judge any final outcomes while everyone remains in negotiation and debate. We are also mindful that the 8 hour time difference between Washington, DC, and the conference in Dubai, and the incredible speed with which events keep unfolding, has made us hesitate to say anything. But at this critical juncture we need to emphasize some important points.
- First, we continue to urge the ITU members to reject any version of the ITRs or any resolutions that would expand the scope of the ITU to Internet governance or Internet services.
- Second, we want to emphasize that nothing is gained for anyone if the conference resorts to dubious procedures.
Sorting out the past 36 hours at the WCIT
Work under way to draft new regulations at the World Conference on International Telecommunications (WCIT) in Dubai this week could harm the Internet, warned Internet pioneer and Google executive Vint Cerf.
"The Internet is under threat" from proposals at the WCIT, Cerf said at the Usenix LISA (Large Installation System Administration) conference in San Diego. The Internet is not controlled by any one nation and the best way to deal with issues that arise continues to be through informal agreements among interested parties, he argued. The purpose of the WCIT is to update the agreements guiding the United Nations' International Telecommunications Union (ITU). In keeping these regulations up-to-date, though, it may attempt to extend the reach of ITU over the Internet. "The natural reaction of any institution that wants to preserve its existence is to reach out for new territory," Cerf said of the ITU.
Vint Cerf: The Internet doesn't need the ITU's help
Technology trade groups that represent Google, Facebook and Microsoft on Dec 12 sounded alarm over a treaty resolution that would let a United Nations agency play a more active role in future Internet policy discussions.
The resolution is being considered at a conference hosted by the U.N. International Telecommunications Union (ITU) in Dubai, where the U.S. delegation has battled against efforts to include Internet-related provisions in the treaty. TechNet, TechAmerica, the Computer and Communications Industry Association and the Internet Association argued that the ITU should be excluded from decisions regarding the governance of the Internet. They urged countries to block the resolution from being included in final text of the U.N. treaty. "If the future governance of the Internet were in the hands of a statutory international body, there is no doubt that more autocratic countries would attempt to undermine the multiple underpinnings that ensure Internet freedom," said TechAmerica President Shawn Osbourne. "Allowing the U.N. or any other authority to regulate the Internet makes it subject to the political whims of those actors that may seek to stifle the spread of free speech and clamp down on Internet commerce." Internet Association CEO Michael Beckerman called on the Internet community "to join together to stop this imminent threat to Internet freedom."
Tech groups sound alarm over U.N. Internet resolution ITU Internet Resolution Draws Fire (B&C)
The U.S. said it will block new proposals at a United Nations telecommunications conference that would give governments the ability to stop spammers on fears that power would lead to censorship.
"The world agrees that spam is a huge issue," Terry Kramer, the leader of the U.S. delegation, said. "What we do not agree is how you deal with it. We don't want to put it in the body of a global treaty with governments involved." Ambassador Kramer said the U.S. is resisting any attempt to put regulation of the Internet under the rules of the ITU. These types of proposals would endanger free speech on the web and stymie the efforts of independent groups, he said, adding that once governments begin approving or rejecting e-mail, they may decide to prohibit certain kinds of speech, such as political messages.
Should the U.N. Really Be Starting a War on Spam?
Aiming to boost wireless bandwidth and innovation, the U.S. Federal Communications Commission is poised to recommend the biggest regulatory change in decades: one that allows a newly available chunk of wireless spectrum to be leased by different companies at different times and places, rather than being auctioned off to one high bidder.
The step “is a critical milestone,” said David Tennenhouse, Microsoft’s vice president of technology policy, adding that it will not only release more spectrum but also enable “dynamic spectrum sharing that is particularly well suited for absorbing growing wireless data traffic.” Cisco Systems estimates that mobile data traffic will grow by a factor of 18 by 2016, and Bell Labs predicts it will increase by a factor of 25. Many more airwaves could eventually be shared with the help of cognitive radios, which sense available frequencies and shift between them. The move will open up a piece of spectrum in the 3.550 to 3.650 gigahertz band now used by radar systems. The move in effect allocates spectrum for another Wi-Fi—a technology that has had tremendous impact. But it is the sharing approach that represents a dramatic change in unleashing bandwidth.
New Airwave-Sharing Scheme Will Launch a Wireless Revolution
Sprint Nextel offered to acquire all of Clearwire in a $2.1 billion deal, ending a four-year joint venture that struggled to build a nationwide network capable of challenging Verizon Wireless and AT&T. Sprint, which already owns more than 50 percent of Clearwire, is seeking to acquire the remaining shares at $2.90 each, according to a regulatory filing. That’s 5.5 percent more than the stock’s closing price in New York Dec 12. Sprint proposed to provide interim financing of as much as $800 million to help keep the money-losing Clearwire afloat.
Sprint Offers to Buy Rest of Clearwire Sprint Offers to Buy Remaining Stake in Clearwire for $2.1 Billion (NYTimes) Sprint filing confirms buyout bid for Clearwire (WashPost)