Georgia Institute of TechnologyCenter for Advanced Communications Policy
Atlanta SkylineTechnology Square at night

Telecom/IT Policy Highlights


May 2003

Microsoft Word version /May 2003 TiPH (215kB)

Adobe PDF version / May 2003 TiPH (110kB)

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

    With the implementation of a new tax cut signed by President Bush and continued concerns about terrorism activity, issues related to the use and availability of unlicensed spectrum take on increased importance. Wireless devices are becoming critical components in support of a strong national defense, can help provide efficient government services, and assist in bringing a higher level of healthcare to citizens. A recently published white paper (OSP Working Paper No. 39, “Unlicensed and Unshackled: A Joint OSP-OET White Paper on Unlicensed Devices and Their Regulatory Issues”) by the Federal Communications Commission’s (FCC) Offices of Engineering and Technology (OET) and Strategic Planning and Policy Analysis (OSP), provides an overview of the unlicensed wireless industry growth as the complexities of building infrastructure with wires increase, coupled with the persistent softness of the telecommunications sector. The report concludes “that modernization of the Commission’s Part 15 Rule requires a transition from the current command-and-control approach of spectrum regulation to more flexible, market-based approaches.”

    The Senate recently referred legislation [S.196.RFH] to the House of Representatives that addresses the need for increased levels of technology in minority colleges and universities across the nation. The Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2003, initially created and introduced by former U.S. Senator Max Cleland (D-GA) in the 107th Congress, was brought to the forefront this year by Sen. George Allen (R-VA). The legislation proposes that $250 million go towards information technology upgrades, educational services, and further use of technology for research and instructional purposes. The bill as passed in the Senate would create an Office of Digital and Wireless Network Technology (ODWNT) to help make certain that allocations of grants go towards minority serving institutions technology training to close the “computer ownership gap” and promote professional development.


    BACK TO TOP OF PAGE
  • Legislative Activities

    PROTECT Signed Into Law by President
    05.01.03 –The Prosecuting Remedies and Tools Against the Exploitation of Children Today Act of 2003 [S.151.ENR] introduced initially by Sen. Orrin Hatch (R-UT), was signed into law by President Bush. The legislation makes it a penalty for a misleading domain name with the intent of deceiving an individual, particularly minors, into viewing obscenity on the Internet. Legislation at http://thomas.loc.gov/cgi-bin/bdquery/z?d108: SN00151: @@@L& summ2=m&. [Source: Library of Congress]

    Subway Emergency Communications Aim for Improvements
    05.07.03 - The Subway Cell Access Act [HR.2025] was introduced earlier this month to improve emergency communications in subterranean areas. The legislation [HR.2025] introduced by U.S. Rep. Anthony Weiner (D-NY) directs the FCC to promulgate rules requiring any commercial mobile service provider to establish a universal telephone number with an underground boarding station that is located “within any geographic area in which a commercial mobile service provides service above the ground. “ The legislation was referred to the House Commerce Committee. Legislation at http://thomas.loc.gov/cgi-bin/bdquery/ z?d108: h.r. 02025. [Source: Library of Congress, The Brooklyn Skyline]

    Spectrum Increases Requested by Experts
    05.02.03 – The Congressional Internet Caucus [www.netcaucus.org] held a hearing that focused on the evolution of the regulatory framework governing wireless spectrum. The FCC's Spectrum Policy Task Force's November 2002 recent report was used as the basis for the discussion. Experts suggested that more spectrum, especially a segment that has been held by the broadcast industry, be freed for wireless Internet services. The FCC's Spectrum Policy Task Force's report is at http://hraunfoss.fcc.gov/edocs_public/ attachmatch/DOC-228542A1.txt and a one page review of the discussion at http://www.netcaucus.org/events/2003/spectrum/. [Source: Congressional Internet Caucus Advisory Committee, FCC, IDG News Services]

    Technology Grant Bill to Support Minority Institutions Passes U.S. Senate
    04.30.03 – The Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2003 [S.196.RFH] that would establish the Office of Digital and Wireless Network Technology (ODWNT) was passed this month in the Senate. The new office, to be located within the National Science Foundation (NSF), would provide grants to historically black colleges and universities, institutions that serve Hispanic needs, and “tribally controlled universities.” Institutions that apply for grants could obtain funding for various initiatives to engage in digital network technology, wireless technology, or help develop educational services. According to the legislation introduced by Sen. George Allen (R-VA), grants may also fund distance learning opportunities, workshops that provide technical assistance, and development of new technologies. This legislation currently has not passed the House of Representatives. Legislation at http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.00196:. See also legislation [HR.2183] introduced by Rep. Randy Forbes (R-VA) that complements this in the House at http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.02183: [Source: Library of Congress, Office of U.S. Senator George Allen, NSF Office of Legislative and Public Affairs]


    BACK TO TOP OF PAGE
  • Policy / Regulatory Activities

    FCC Adopts R&O and FNPRM for Spectrum Leasing Rules
    05.15.03 – Through a recent Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) FCC 03-113, the FCC is requesting comment on draft rules that would allow for the leasing of spectrum to a variety of wireless radio services, implement a more efficient manner of processing license transfers and assignment applications, and seek information on how to improve the role of secondary market in spectrum allocation.

    The FCC’s action reflects an emphasis on supporting the growth of wireless communications technologies and the necessary promotion of secondary markets to continue broadband development, facilities-based competition, and spur progress of advanced services in rural areas. Press release at http://hraunfoss.fcc.gov/edocs_public/ attachmatch/DOC-234562A1.txt . [Source: FCC]

    FCC Chair to Create Advisory Committee to Address Diversity Issues
    05.20.03 - FCC Chairman Michael Powell announced his intention to form a Federal Advisory Committee to assist the agency in formulating new ways to create opportunities for minorities and women in the communications sector. He hopes this committee will increase ownership among minorities and will make recommendations for incentives or regulations that promote diversity in the communications sector. Press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234645A1.txt [Source: FCC]

    FNPRM Issued for Local Telephone Companies Long Distance Service
    05.15.03 – FNPRM FCC 03-111 was issued by the FCC to address the regulatory framework for local telephone companies offering long distance service. The FCC noted that when a Bell Operating Company (BOC) provides local long distance service, it must go through “statutory separate affiliate requirements” to help avoid possible discrimination and cost misallocation with sunset provisions. Those affected provisions usually expire three years following a BOC obtaining permission to provide local long distance service. The FNPRM is available at http://hraunfoss.fcc.gov/edocs_public/ attachmatch/FCC-03-111A1.txt (FCC 03-111) and the press release at http://hraunfoss.fcc.gov/ edocs_public/ attachmatch/DOC-234564A1.txt . [Source: FCC]

    Preservation Put to the Forefront by the FCC Chairman
    05.01.03 – The FCC’s first strategic plan for devising opportunities to move forward with the positioning of communications infrastructure and preserving historic and environmental resources is underway. Chairman Michael Powell, in a press release, stated the importance of balancing mandates within the National Environmental Policy Act of 1969 (NEPA) and National Historic Preservation Act of 1966 (NHPA), while adding improvements to communications for public safety and homeland security. The action plan will “(1) initiate a series of proceedings designed to enhance our expertise in environmental and historic matters and modify our rules as necessary; (2) work with the industry and government to develop more efficient and effective communication; (3) examine our processes for streamlining opportunities; and (4) enforce the rules swiftly and effectively to create incentives for parties to follow the required processes before construction.” Chairman Powell’s press release is online at http://hraunfoss.fcc.gov/ edocs_public/attachmatch/DOC-234001A1.txt . [Source: FCC]

    Rural Participation in Spectrum Auctions Supported by FCC
    05.08.03 – The FCC voted to support requirements that will increase the number of rural telephone cooperatives that are qualified for “small business preferences in auctions.” This action, according to the FCC, is expected to spur participation among rural telephone cooperatives in spectrum auctions and increase the levels of service in rural regions of the country. Press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/ DOC-234209A1.doc . [Source: FCC]

    Spectrum for Unlicensed Use Proposed (NPRM)
    05.15.03 – In response to a petition for rulemaking by the Wireless Ethernet Compatibility Alliance (WECA), a Notice of Proposed Rulemaking (NPRM) was announced by the FCC for a proposal that would free up spectrum for unlicensed use in the 5.470-5.725 GHz band. Devices under unlicensed National Information Infrastructure (U-NII), which include Radio Local Area Networks (RLANs) would be dramatically affected. The FCC hopes that through additional unlicensed spectrum, new devices along with wireless broadband access and investment will evolve. NPRM press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234566A1.txt . [Source: FCC]

    Wireless Summit Held by Multiple Federal Agencies
    05.14.03 – The National Telecommunications and Information Administration (NTIA), FCC, and U.S. Department of State, Office of International Communications and Information Policy hosted the Wireless Innovation Conference in Washington D.C. this month. The agenda [http://www.ntia.doc.gov/ forums/wi2003/agenda_05082003.htm] included topics such as the “growth and future potential for unlicensed wireless networks” and “security and privacy issues surrounding unlicensed wireless networks”. Chairman Michael Powell’s statement on the conference is available online at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234305A1.txt. Audio of the day two panel discussion may be listened to at http://www.fcc.gov/ realaudio/mt051303.ram . [Source: FCC, NTIA]


    BACK TO TOP OF PAGE
  • Judicial Activities

    Solicited Faxes are not Equivalent to Email Spam
    05.12.03 – The Superior Court of Pennsylvania ruled that the federal Telephone Consumer Protection Act of 1991 (TCPA) does not apply to spam. The Court noted in its opinion supporting a lower court decision of Aronson v. Bright-Teeth Now, that the act pertains to advertisements solicited by fax machines and mentions nothing that extends to email spam. Decision at http://www.superior.court.state.pa.us/ opinions/a03010_03.pdf. [Source: State of Pennsylvania Superior Court]


    BACK TO TOP OF PAGE
  • Other Activities and Items of Interest

    Methodology for Removing Ownership Safeguards Questioned by Academics
    05.01.03 – A group of academics, brought together by the Center for Digital Democracy, recently have questioned whether a “diversity index” or any other quantitative measure could be used to measure the “complexities” of the market- place, as the FCC prepares for a June 2 vote on media ownership deregulation. The academics have requested that the FCC disclose its strategy for a “diversity index” to be used during the scheduled vote. The list of academics participating is online at http://www.democraticmedia.org/ resources/filings/index.html . June 2nd agenda at http://hraunfoss.fcc.gov/edocs_public/ attachmatch/DOC-234844A1.pdf . [Source: FCC, Center for Digital Democracy]

    Northrop Grumman Promotes More Spectrum for Public Safety
    05.28.03 – The information technology division of Northrop Grumman Corporation has petitioned the FCC to allocate 10 MHz of spectrum in the 700 MHZ frequency range for public safety use. The purpose would be to allow for multiple devices to operate concurrently through uses such as video and voice calls. The requested spectrum is currently occupied by broadcasters who will be soon vacating it. This spectrum would be important to public safety use, since existing spectrum does not readily allow “high-capacity transmissions” for customer monitoring and coordination of law enforcement resources. [Source: Washington Post]

    President Names New Members to IT Advisory Committee
    5-8-03-- President Bush announced his intent to appoint 25 people to the President's Information Technology Advisory Committee (PITAC). The PITAC provides the President, Congress, and Federal agencies that are involved with information technology research and development with “expert advice” on state of the art information technologies and provides critical reviews of the Federal Networking and Information Technology Research and Development Program. Individuals range from academia to industry. Press release with new appointees at http://www.whitehouse.gov/news /releases/ 2003/05/20030508-6.html. [Source: The White House, National Coordination Office for Information Technology Research and Development (NITRD)]

    Wi-Fi Becoming a Concern on Planes
    05.12.03 - Aircraft pilots have become increasingly concerned with the weak radio frequencies being emitted from electronic devices such as wireless laptop computers. The U.S. Federal Aviation Administration (FAA) has undertaken a study that will evaluate the safety of portable electronic devices aboard planes in an attempt to determine the affect of any interference that might be emitted from wireless devices. They have requested the Radio Technical Commission for Aeronautics, a non-profit group that advises the FAA, to call together a special committee this summer to assess new technologies and determine whether they pose a threat to safety. A full report is expected sometime in November. [Source: Boston Globe, Pittsburgh Post-Gazette]

    BACK TO TOP OF PAGE
  • Research/ Reports

    Broadband Growth Questioned
    05.16.03 – A study performed by the Pew Internet & American Life Project suggests that the rate of broadband growth in the U.S. will slow. According to the report:

    “Although a minority of dial-up users today says [sic] they want broadband, their attitudes may change with time. Dial-up users with more than six years of online experience are more likely to say they want broadband than those online for three years or less, by a 43% to 30% margin. However, the number for experienced users (online for six or more years) is lower than when we asked dial-up users the same question in March 2002. At that time, 53% of experienced dial-up users said they would like a broadband connection at home; that was when home broadband penetration stood at 21% of home Internet users. It would seem that broadband providers attracted the easiest-to-reach dial-up users between March 2002 and October 2002. Today, there are fewer dial-up users itching to make the jump to broadband and, as noted above, many who are say they live in places where broadband is unavailable.”

    Report at http://www.pewinternet.org/reports/pdfs/PIP_Broadband_adoption.pdf . [Source: Pew Internet & American Life Project]

    Unlicensed Spectrum Paper Released by the FCC
    05.21.03 – The Offices of Engineering and Technology (OET) and Strategic Planning and Policy Analysis (OSP) at the FCC have published a white paper entitled “Unlicensed and Unshackled: A Joint OSP-OET White Paper on Unlicensed Devices and Their Regulatory Issues.” The paper takes into account all aspects of wireless devices that do not require a license from the FCC. It provides analysis of “a survey of unlicensed wireless devices, their governing regulation, the current technological state of the art, an overview of the market with information from publicly available sources, and an analysis of the potential regulatory issues.” The report concludes that “…modernization of the Commission’s Part 15 Rule requires a transition from the current command-and-control approach of spectrum regulation to more flexible, market-based approaches;” and that “…effective policy reform includes enabling more unlicensed spectrum…” Further, [modernization requires] encouragement of regulations that support “technological and market based solutions” for efficient use of vacant spectrum. Paper online at http://hraunfoss.fcc.gov/edocs_ public/attachmatch/DOC-234741A1.txt and the press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-234738A1.pdf . [Source: FCC]


    BACK TO TOP OF PAGE
  • Newsletter Info

    Center for Advanced Communications Policy
    Telecom/IT Policy Highlights
    May 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.
    BACK TO TOP OF PAGE