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Telecom/IT Policy Highlights


April 2003

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Contents:
Overview
Legislative Activities
Policy / Regulatory Activities
Judicial Activities
Other Activities and Items of Interest
Research/ Reports
Newsletter Info
  • Overview

    With the winding down of Operation Iraqi Freedom, thoughts of homeland security and the domestic economic conditions are on the minds of many. Congress earlier this month passed a supplemental war and homeland security budget that included over $100 million to improve the country’s local emergency communication systems for those who are on the front lines protecting citizens from potential terrorist attacks, providing local and state areas with some assistance. Progress is being made to enable wireless E911 systems across the U.S., with the FCC’s initiation of the first of many sessions for their e911 coordination initiative. The FCC anticipates playing a significant leadership role in bringing all stakeholders to the table to accomplish goals pertinent to the safety and well-being of the U.S.

    Due to the current low-point in the economy, some new initiatives were introduced to help save costs to the American public. The first was Sen. John McCain’s (R-AZ) Commercial Spectrum Enhancement Act (S.865) that would create a federal spectrum relocation fund for federal agency spectrum to be auctioned. Profits would be deposited into a fund agencies could use to pay for relocation costs of federal entities whose spectrum is reallocated. Secondly, the FCC has announced a Notice of Proposed Rulemaking that would allow schools to sell unused spectrum to the private sector. Proponents of the proposal believe that it will help schools generate desperately needed revenue and encourage competition within the wireless broadband market.

    Separately, the FCC issued a Notice of Inquiry seeking public comment on the use of broadband over power lines. This technology offers the possibility of creating an economic development tool for remote rural areas to connect to urban areas and stimulate rural economies. Broadband over power lines may also increase competition among telecom companies allowing them to provide a wide array of services and products for small town governments and companies.


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  • Legislative Activities

    Emergency Interoperable Communications Receives Funding
    04.12.03 – In order to help improve communications between local emergency management agencies, Congress allocated $109 million as a part of the $80 billion supplemental war and homeland security package. The funding, proposed by Sen. Dianne Feinstein (D-CA), will support short and long term solutions such as wireless same frequency radio and software developed to channel different frequencies onto a single network. As an example, a device, the ACU-1000, manufactured by JPS Communications, is available in a mobile version that is compatible with VHF/UHF radio, telephone, Satcom, HF radio, and local operators. Members of Congress hope that this type of device can bring together emergency personnel to create a highly capable disaster relief team. [Source: Office of Senator Dianne Feinstein]

    Federal e-Government Plan Encounters Cuts
    04.14.03 – With Congress facing a budget crunch this year, an e-government plan, strongly supported by President Bush to improve public access to regulations, information and services, has been cut by $40 million dollars. The e-government plan included goals to increase information sharing through modernizing government technology and ensuring that computer networks are safe from online attacks. The Bush Administration has already improved online federal resources by creating access to regulation and volunteerism sites. Opponents to the cuts argue that with the delay in funding, the federal government will continue lose revenue if cost savings measures are not put into place during these economically difficult times. [Source: Washington Post]

    Massachusetts: Anti-Spam Bill Proposed
    04.15.03 - Under legislation introduced by state Sen. Jarrett Barrios, it would be illegal to send an unsolicited email advertisement without the letters “ADV” or “ADLT” in the heading denoting the message has adult-oriented messages. Those distributing the emails would face up to a $500 fine per message. Currently, twenty-six states have passed broader measures to deter spam and to protect consumers. The bill is currently in the Massachusetts Senate Science and Technology Committee. [Source: General Court of Massachusetts, MetroWest Daily News]

    New York: Cell Phones Banned in Public Performances
    04.21.03 – A restriction on cell phone use has been put into effect in areas of public performances such as Broadway theatres, movie houses, and concert halls. The legislation passed the New York City Council, overriding Mayor Michael Bloomberg’s veto. The measure was first promoted by theatre owners whose customers complained of wireless phones continuously ringing during performances. The new law will carry a $50 fine. [Source: Reuters]

    Spectrum Relocation Fund Created
    04.10.03 – The Commercial Spectrum Enhancement Act (S.865), authored by Sen. John McCain (R-AZ), has been introduced to facilitate the reallocation of spectrum from federal users of radio frequency to spectrum allocated for commercial use. The bill currently assigned to the Senate Commerce, Science, and Transportation Committee, would create a federal spectrum relocation fund where spectrum occupied by a federal agency is auctioned and the proceeds from the auction are deposited into the fund. Agencies would be permitted to withdraw money from the fund to pay for relocation costs of federal entities whose spectrum is reallocated. This legislation would apply to, but not be limited to the 1710-1755 MHz band. [Source: Office of Sen. John McCain, GovExec.com]

    Virginia: Toughest Anti-Spam Legislation in U.S. enacted
    04.30.03 - Governor Mark R. Warner (D-Va.) signed two bills to raise the penalty to a felony for originating a high volume of unsolicited bulk e-mail. According to the Governor’s Office, the new provisions of the Virginia Computer Crimes Act make it the strictest law in the U.S. Those who produce the most offensive and persistent e-mail solicitations will now be faced with a class 6 felony in Virginia, which carries a prison term of between one and five years and a fine. Prosecutors and the attorney general will have the authority to seize profits, computer equipment and all property connected with the spamming crime. The statute has been drafted to target only the most egregious offenders and cannot be applied to an innocent party who happens to send out a large mailing. [Source: Office of Governor Mark R. Warner, Commonwealth of Virginia]


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  • Policy / Regulatory Activities

    Broadband Over Power Lines, FCC Begins Inquiry (Notice of Inquiry)
    04.23.03 – A Notice of Inquiry (NOI) has been issued seeking public comment on the use of existing electrical power lines to provide Internet and broadband services to the public. This is part of the FCC’s efforts to promote spectrum elasticity and access to broadband, in addition to encouraging multiple platforms for broadband. The possibilities of broadband over power lines can extend to consumers the freedom to access broadband services without additional payment or installation of connectors. Broadband over Power Line (BPL) would be competitive with the current digital subscriber line (DSL) and extend broadband communications services to rural areas of the U.S.

    The NOI addresses two types of BPL: Access and In-House. Access BPL would use “medium voltage power lines (1,000 to 40,000) to make available Internet and Broadband applications.” In-House BPL would use “existing electrical utility wiring to network computers and printers within a structure.” The Commission seeks comment on a variety of issues that include the current state of high speed BPL, potential interference effects on authorized spectrum users, results of tests from BPL experimental sites, and the appropriate measurement procedure for testing emission characteristics for all forms of carrier current systems. Deadline for comments is 75 days from publication in Federal Register. [Source: FCC]
    NOI available at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-100A1.doc.

    Proposal to Allow Spectrum Rights to be Sold by Schools (Notice of Proposed Rulemaking)
    04.02.03 – In a continuation of last month’s discussion, the FCC issued a recent Notice of Proposed Rulemaking seeking comment on how to best use bandwidth that has been used as a distance learning tool for educators and their students since the 1960’s. The proposal is to employ the Instructional Fixed Service (ITFS) bandwidth (2500-2690 MHz) more efficiently. However, the proposal has drawn sharp criticism from educators and policymakers for a provision that would allow schools to auction off unused parts of spectrum to private companies.

    The Commission believes a change in rules will spur competition and investment into the wireless broadband market. In addition, the new rules could give underachieving schools financial support towards other educational projects. Currently, the schools use the ITFS for professional development, educational training and certification courses for staff, and advanced-placement courses. Deadline for comments is 135 days after publication in the Federal Register. [Source: FCC, eSchool News]
    NPR available at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-56A4.doc

    Wireless E911 Progress Being Made
    04.29.03 - Progress is being made to enable wireless E911 systems across the U.S. with the installation of capabilities for emergency dispatch centers, landline phone companies, and wireless carriers. This progress has been delayed in many areas by technical problems, lack of adequate funding, and a lack of coordination. As federal, state, and local deadlines approach to have certain technologies in place, governments are imposing surcharges on cell phone service to generate revenue to pay for upgrades to infrastructure like dispatch centers. This has had marginal effects as revenue is being used for alternative projects because of budget troubles.

    Recently, the FCC held its first session of a new E911 coordination initiative planned to facilitate the collaboration of wireless carriers, governments, safety officials and landline companies in an effective way to make service available. Commissioner Michael Powell hopes that the common goals that stakeholders share will “provide a solid foundation for a new era of cooperation.” Commissioner Michael Powell’s speech is available at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-233814A1.doc. [Source: FCC, San Diego Union-Tribune]

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  • Judicial Activities

    Portability Arguments Presented to U.S. Appeals Court
    04.16.03 - The wireless industry argued before the U.S. Court of Appeals for the District of Columbia that the FCC went beyond its jurisdiction when it required wireless carriers to modify their networks and administrative procedures so that consumers can keep their cell phone numbers when they change service providers. The FCC argued that number portability is vital to increasing competition in the wireless industry. According to the Cellular Telecommunications & Internet Association (CTIA), one-third of all wireless consumers switch carriers every year and prices have fallen thirty percent in just the last five years. Some in the industry argue that it will be expensive to construct and maintain a number portability infrastructure. A decision is expected within 45 days. [Source: Congressional Quarterly]

    Trademark in Post-Domain Path Not Infringement
    04.13.03 - The 6th Court of Appeals has issued the opinion that the use of a trademark in the post-domain path does not constitute infringement. At issue was whether a Webpage that sold a portable computer stand at the URL “a2zsolutions.com/desks/floor/ laptraveler/ dkfl-It.htm” violated the trademark rights of Interactive Products Corporation. A rival took legal action over the application of the word “laptraveler.” The Court noted that post-domain paths do not usually signify the source, finding that “it is unlikely that the presence of another’s trademark in the post-domain path of a URL would ever violate trademark law.” The opinion in Interactive Products Corporation v. a2z Mobile Office Solutions can be found at: http://laws.lp.findlaw.com/ 6th/ 03a0111p.html. [Source: FindLaw.com]


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  • Other Activities and Items of Interest

    FCC Commissioner Abernathy Addresses Media Ownership
    04.14.03 - FCC Commissioner Kathleen Abernathy discussed the effects of broadcast consolidation on diverse programming, the availability of local news in small markets and competition in the marketplace in a speech given at the Museum of Television and Radio in New York. Commissioner Abernathy’s speech is accessible at: http://hraunfoss.fcc.gov /edocs_public/attachmatch/DOC-233194A1.pdf
    [Source: FCC]

    FCC Commissioner Abernathy Discusses Broadband Deployment
    04.29.03 - FCC Commissioner Kathleen Abernathy, at the National Summit on Broadband Deployment, discussed the importance of promoting the development of additional broadband platforms, the need for clarifying the regulatory framework that governs the provision of broadband services, and why the FCC should remain cautious in its efforts to remove any other regulatory obstruction to broadband deployment. [Source: FCC] Commissioner Abernathy’s speech is accessible at:
    http://hraunfoss.fcc.gov/edocs_public /attachmatch /DOC-233701A1.doc.

    High-Tech Investment Slowly Picking Up
    Federal Reserve Board Governor Bernanke gave a speech entitled "Will Business Investment Bounce Back?" to the Forecasters Club in New York City. He focused on, amongst other topics, investment in the technology and communications sectors. He concluded that " moderately improved performance for 2003 in high-tech investment, concentrated in a pickup in the second half of the year, seems feasible and consistent with fundamentals." You can view Federal Reserve Board Governor Bernanke’s speech at: http://www.federalreserve.gov/ boarddocs/ speeches/2003/200304242/default.htm . [Source: Federal Reserve Board of Governors]

    New Security Technology for NSA
    04.16.03 - Certicom Corporation, a provider of wireless security technologies, said that it is working with the National Security Agency (NSA) in Maryland to research and develop advanced security technology and tools for protecting classified information. The NSA employs the country’s top code breakers and creators. Its mission is to design cipher systems that will protect the veracity of U.S. information systems and search for weaknesses in adversaries’ systems and codes. The pilot project with the NSA will result in new technology that will be integrated and used to secure top-secret government communications while maintaining network speed and performance. [Source: Internetnews.com]

    Public Wireless Broadband in the United Kingdom
    04.15.03 - Wireless broadband internet access for public sector and public use in the South West Region of England is in the planning stages. The project will serve primarily rural areas where private suppliers have yet to establish a broadband presence using high-powered fixed wireless networks or more localized Wi-Fi hotspots. With only a small number of telephone exchanges in the area of the proposed implementation, those on the region’s county councils hope that improved data networks will lead to an additional mechanism to stimulate the local economy. [Source: E-Government Bulletin]
    Spectrum Summit: Wireless Innovations: New Technologies And Evolving Policies

    The National Telecommunications and Information Administration, in conjunction with the FCC and the State Department's International Communications and Information Policy Group, will hold a two-day wireless forum as an extension of last year's "Spectrum Summit." On May 12th, a Technology Showcase will feature new wireless tools and applications, and the May 13th forum will feature a policy panel with experts from the industry, government and academia. The events will be held in the U.S. Department of Commerce Lobby and Auditorium, 1401 Constitution Avenue, N.W., Washington, D.C. Press release at: http://www.ntia.doc.gov/ntiahome/press/2003/04162003wi.htm. [SOURCE: NTIA]

    White House Launches Interactive Forum
    04.15.03 – The White House has launched an interactive online forum that periodically provides people with the chance to pose questions directly to White House staff. The online forum is located at: http://www.whitehouse.gov/ask/. [Source: The White House]

    Wi-Fi Service for Free in Winston-Salem
    04.07.03 - The City of Winston-Salem, North Carolina, is offering free wireless connectivity service to its residents. Individuals with a wireless-enabled laptop or hand- held computer will now be able to connect to the city government sponsored network. City officials hope that this initiative will be used as an economic development tool in the area. Press release at http://www.ci.winston-salem.nc.us/ News/Other_News/ Wireless_ Internet_Access/wireless_internet_access.html. [Source: City of Winston-Salem]

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  • Research/ Reports

    Wi-Fi for Low-Income Areas
    Public, private and non-profit organizations are collaborating to offer low-cost wireless broadband access in low-income areas. The United Way of Southeastern Pennsylvania has been working to construct an infrastructure in West Philadelphia to serve a homeless shelter and clients of a community housing group. The service will cost between $5 -$10 a month with subsidies from state and community groups as well as from networking companies such as IBM, Cisco, and Unisis. Other cities, including Boston, Chicago and San Jose, are beginning similar initiatives to bring wireless broadband to low-income areas. [Source: 802.11 Planet]

    Americans Split on e-Government
    04.14.03 - In a recently released report, a survey conducted by Hart/Teeter Research finds that Americans are split on issues regarding e-government. 49 percent of the general American population respondents believe it is appropriate for the government to search its existing databases for information that could help it track down terrorists, but 42 percent disagreed, believing that "protecting privacy should be a top priority." Also, just over half of Americans believe that e-government investment should be placed into agencies that respond to national security threats, while thirty-six percent disagreed due to the possibility of attacks via Internet technology. The New E-government Equation: Ease, Engagement, Privacy and Protection, is accessible at: http://www.excelgov.org/usermedia/images/ uploads/ PDFs/ egovpoll2003.pdf
    [Source: Council on Government Excellence]

    Subscribership Levels in the United States Released
    04.10.03 - The Federal Communications Commission (FCC) released its latest report on telephone subscribership levels in the United States. The report presents subscribership statistics based on the Current Population Survey (CPS) conducted by the Census Bureau in November 2002. Statistics from that survey estimated that 95.3% of all households in the United States had telephone service. The report also shows subscribership levels by state, income level, race, age, household size, and employment status. The report is accessible at: http://www.fcc.gov/wcb/iatd/stats.html. [Source: FCC]


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  • Newsletter Info

    Center for Advanced Communications Policy
    Telecom/IT Policy Highlights
    April 2003

    The focus of this publication is to present legislative, regulatory, legal, and other activities that are germane to technology policy news, events or products. For additional information regarding the information provided in this report, or if there are newsworthy items that should be included in future editions, please feel free to contact , Director of Research and Editor in Chief.
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