• CAMPUS MAP
• DIRECTORIES
• SITE MAP
• SITE HELP
• SEARCH:

Telecom/IT Policy Highlights

JUNE 2003

Microsoft Word version / JUNE 2003 TiPH (193kB)

Adobe PDF version / JUNE 2003 TiPH (103kB)

Contents:

Overview

Legislative Activities

Policy / Regulatory Activities

Judicial Activities

Research/ Reports

Journal Article

Newsletter Info

• Overview

  With the economy still displaying mixed signals, the Federal Communications Commission (FCC) adopted new rules covering the concentration of media ownership this month. This may have an adverse impact on smaller owned companies that would have to compete against large media companies looking to expand their share of the local market across the United States. There may also be implications for the consumer, based on the argument that the public will have fewer choices. Proponents of the new rules believe that business will become more efficient as office functions become combined through revamped marketing and advertising efforts to promote more products with fewer costs.

  Ongoing security related federal efforts include the introduction of new legislation and regulatory initiatives. The Enhanced 911 Emergency Act [S.1250] was introduced by Senators Hillary Rodham Clinton (D-NY) and Conrad Burns (R-MT). Lawmakers and public safety officials have stated that because of poor state and local economies, the introduction of enhanced 911 services have been few and far between. The technology will allow emergency operators to establish the location of cell phone users who need help. Groups such as the National Emergency Number Association (NENA) believe that funds collected for this initiative at the state level have been re-routed to fill budget crises that states are experiencing. In 1996, according to the Washington Post and FCC, regulation was established to require the wireless companies to answer 911 call center requests within six months by making available technology to locate individuals through phone networks or handsets that obtain information from global positioning satellites (GPS).

  
  

  BACK TO TOP OF PAGE

  ---

• Legislative Activities

  Commercial Spectrum Enhancement Act Passes House
  06.12.03 –The Commercial Spectrum Enhancement Act [H.R. 1320] overwhelmingly passed the House this month. Introduced by Rep. Fred Upton (R-MI), this legislation authorizes proceeds from spectrum auctions to finance the relocation of incumbent Federal entities to comparable spectrum bands. Funding with this legislation is expected to move Federal agencies to new spectrum at a more efficient pace. View the legislation at http://thomas.loc.gov/cgi-bin/query/C?c108:./ temp/ ~c108V4YAU9. [Source: Library of Congress]

  New Legislation Proposed to Fund E-911
  06.13.03 - Both Senator Hillary Clinton (D–NY) and Conrad Burns (R-MT), introduced legislation entitled the Enhanced 911 Emergency Act [S.1250] to allocate funding to update technology for E-911 services, which will locate cell phone users who call 911. This bi-partisan proposal has the potential for additional funding that will support technology that allows emergency call centers to identify the exact location of a wireless caller. The National Emergency Number Association (NENA), a strong supporter of this legislation, reports that out of the current 6,121 call centers only 10 percent of them are capable of locating a wireless caller.

  The legislation has provisions designed to promote updated E-911 services nationwide, would authorize $500 million for deploying new technologies, create a National Technology and Information Administration (NTIA) task force to coordinate efforts between Federal, state and local communications systems, receive consultation from the U.S. Department of Homeland Security for the grant program administered by the NTIA, and have the FCC review twice a year fees for enhancing 911 services. View legislation at http://thomas.loc.gov/cgi-bin/query/ D?c108:1:./temp/~c108DoBwNe::. [Source: Office of Senator Hillary Clinton, Office of Senator Conrad Burns, Library of Congress, NENA]

  
  

  BACK TO TOP OF PAGE

  ---

• Policy / Regulatory Activities
  
  

  Do-Not-Call Registry Begins
  06.27.03 – The Federal Trade Commission (FTC) began a long anticipated national registry for individuals who want to block unsolicited advertising via their home and cellular telephones. Telephone numbers may be listed on the registry for free. Companies have until October 1, 2003 to remove any registered phone numbers from their calling lists. Once enforcement begins, telemarketers who disregard the registry may face fines as high as $11,000 for each call. Consumers can join the list via the Internet at www.ftc.gov/donotcall/ After July 7, residents on the East Coast can call a toll-free number (888-382-1222) to join the list. West Coast residents can use the toll-free number today. View a list of frequently asked questions at http://www.washingtonpost.com/wp-dyn/articles/A36856-2003Jun26.html. For information regarding Georgia’s no call list visit www.ganocall.com . [Source: Cable News Network, Georgia.gov, Washington Post]

  FCC Sets New Ownership Rules Into Place
  06.02.03 – The FCC adopted [FCC 03-127] new broadcast ownership rules to “protect diversity, localism and competition in the American media system.” The new rules are expected to encourage broadcasters to promote a local focus and increase competition. Due to judicial decisions, such as that of Fox Television Stations, Inc. v. FCC [U.S. DC Court of Appeals No. 00-1222], the FCC had to reach agreement on why ownership rules in certain cases were a necessity. In Fox v. FCC, the court expressed that the FCC could not produce any analysis to support what the state of competition was in the television industry, nor why current rules were a “safeguard” to competition.

  These limits that were placed on media concentration are designed to promote the public interest through a new regulatory framework. Mergers of any of the top four national broadcast networks remain prohibited, while local ownership rules have expanded. The FCC also increased the share of television households by 10% to 45%, based on the number of television stations a company owns. Radio limits were revised to promote localism also, so “independent radio voices” could establish and ensure diversity. Finally, the FCC removed rules that used a signal contour method of defining local radio markets. Replacing this will be rules guided by a geographic market approach assigned by Arbitron. These rules will prevent unintended anomalies in ownership of local radio stations that have occurred because of legislation passed in 1996 by Congress and recognizes the impact that noncommercial stations can have on competition for listeners in radio markets. View press release of Report and Order (R&O) at http://www.fcc.gov/ Daily_Releases/Daily_Business/2003/db0602/DOC-235047A1.txt . [Source: FCC]

  NPRM Seeks Comment on Nationwide Programmatic Agreement
  06.09.03 – A Notice of Proposed Rulemaking (NPRM) [FCC-03-125] was issued to comment on a draft Nationwide Programmatic Agreement that would enhance the review process under Section 106 of the National Historic Preservation Act (NHPA) for tower constructions and other FCC activities. Provisions that would be commented on include methods for identifying and evaluating historic sites, procedures for submitting projects to the State Historic Preservation Officer, and measures to follow compliance with NHPA’s public participation requirements. Press release athttp://hraunfoss.fcc.gov/ edocs_public/ attachmatch/DOC-235166A1.pdf. NPRM viewed at http://hraunfoss.fcc. gov/edocs_ public/attachmatch/FCC-03-125A1.txt. [Source: FCC]

  President Outlines Spectrum Policy for 21st Century
  06.05.03 – The White House released a Presidential memorandum on spectrum policy recognizing that the current legal and policy structure for spectrum management has not kept pace with changes in technology and spectrum usage. Agencies have acknowledged that inefficiency and barriers that are currently in place deter new technologies from being adopted by government during times when the Federal government makes extensive use of spectrum for radars, space operations, and homeland security needs.

  The Administration also announced that it will be fostering new polices that allow for economic growth, preservation of homeland defense, for the U.S. to be a global leader in communication development, satisfy public safety needs, and increase scientific research. The Spectrum Policy Initiative will be led by Commerce Secretary Donald Evans. In addition, the Presidential memo outlines that the Secretary of Commerce will present the President with recommendations to Sections 3 (recommendations from the Federal Government Spectrum Task Force) and 4 (recommendations to address state, local, and private spectrum use) no later than one year from when the memorandum was dated. View the President’s memo and initiative at http://www.whitehouse.gov/news/releases/ 2003/06/20030605-4.html . View fact sheet on spectrum management at http://www.whitehouse.gov/news/releases/2003/06/20030605-5.html. [Source: The White House]

  
  

  BACK TO TOP OF PAGE

  ---

• Judicial Activities
  
  

  Local Government Authority Will Be Tested By U.S. Supreme Court
  06.23.03 – The U.S. Supreme Court will decide when they return from recess in October whether states can enact laws that prohibit local governments from providing local telephone and Internet services. The primary question at hand is whether states have the jurisdictional right to promulgate regulatory policies without Federal obstruction. Courts have split over what role the 1996 Telecommunication Act should have with states’ actions. The case being brought forth are FCC v. Missouri Municipal League, 02-1386; Nixon v Missouri Municipal league, 02-1238; and Southwestern Bell Telephone v. Missouri Municipal League, 02-1405. [Source: Los Angeles Times]

  
  

  BACK TO TOP OF PAGE

  ---

• Research/ Reports
  
  

  Data on High-Speed Services for Internet Access Released
  06.10.03 – Data released by the FCC summarizes the deployment of high-speed Internet in the U.S. High-speed lines are defined as those that provide services at speeds exceeding 200 kilobits per second (kbps) in at least one direction, while advanced services lines are those that provide services at speeds exceeding 200 kbps in both directions. According to the FCC, “high-speed lines connecting homes and businesses to the Internet increased by 23% during the second half of 2002, from 16.2 million to 19.9 million lines, compared to a 27% increase, from 12.8 million to 16.2 million lines, during the first half of 2002. For the full year, high-speed lines increased by 55%.” Also, “of the 19.9 million high-speed lines in service, 17.4 million served residential and small business subscribers, a 24% increase from the 14.0 million residential and small business high-speed lines reported six months earlier. For the full year, high-speed lines for residential and small business subscribers increased by 58%.”

  The FCC also makes note that “of the 19.9 million high-speed lines, 13.0 million provided advanced services, i.e., services at speeds exceeding 200 kbps in both directions. Advanced services lines increased 24% during the second half of 2002, from 10.4 million to 13.0 million lines. For the full year, advanced services lines of all technology types increased by 75%.” [Source: FCC] View statistics at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-235274A1.txt.

  Data on Local Telephone Competition Released
  06.12.03 – Data released by the FCC summarizes the status of local telephone service in the U.S. According to the FCC, “end-user customers obtained local telephone service by means of some 163 million incumbent local exchange carrier (ILEC) switched access lines, 25 million competitive local exchange carrier (CLEC) switched access lines, and 136 million mobile wireless telephone service subscriptions.” The FCC also states that “58% of CLEC end-user switched access lines served residential and small business customers, compared to 78% of ILEC lines. CLECs reported 10.2% of total residential and small business switched access lines, compared to 6.6% a year earlier.” “During the second half of 2002, cable-telephony lines increased by 15% to 3.0 million lines, from 2.6 million. The 3.0 million reported cable-telephony lines constituted about 12% of switched access lines provided by CLECs and about 2% of total switched access lines.” View statistics at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-235340A1.txt . [Source: FCC]

  MuniTIP Study Released by Office of Technology Policy and Programs
  04.30.03 – The Office of Technology Policy and Programs (OTP) at the Georgia Centers for Advanced Telecommunications Technology (GCATT) recently released a study entitled the “Municipal Advanced Telecommunications Infrastructure Project” (MuniTIP). The study reviewed the role of municipal involvement in developing advanced information infrastructure, and provides a broad overview of pertinent issues, policy considerations, and approaches. A schematic process is presented for considering the factors influencing infrastructure development. The study concludes that there is not a simple answer as to the role municipalities can or should play in undertaking advanced information infrastructure development. Further, evaluation of the political and telecommunications environment needs to be undertaken as well as a comprehensive assessment made of both available resources and community commitment. View study at http://www.gcatt.org/otp/ papers/MuniTIP.doc .

  Policy Paper Discusses “Last-Mile Broadband Solution”
  06.27.03 – A working policy paper was recently released by the New America Foundation's Spectrum Policy Program. Entitled “Breaking the Chains: Unlicensed Spectrum as a Last-Mile Broadband Solution,” J.H. Snider and James Johnston discuss “the last-mile debate by calling for a revised spectrum policy to account for the technological and entrepreneurial successes occurring in the unlicensed bands.” Profiled are Wireless Internet Service Providers (WISPs) and Community Access Networks (CANs), which are examples of how unlicensed spectrum is transforming the broadband debate by providing an affordable and faster alternative to wireline technologies. View issue brief at http://www.newamerica.net/index.cfm?pg=article&pubID=1258 and view working paper at http://www.newamerica.net/index.cfm?pg=article&pubID=1250. [Source: New America Foundation, Benton Foundation]

  
  

  BACK TO TOP OF PAGE

  ---

• Journal Article
  
  

  Standards in the Wireless Telecom Industry Examined
  Neil Gandal, David Salant, and Leonard Waverman. “Standards in Wireless Telephone Networks.” Telecommunication Policy 27 (2003) p. 325-332. This paper discusses the tradeoff between mandated standards and market-driven standards in the wireless telecommunication industry. Theoretical advantages of the two different approaches are examined and background on the developments of 1G [analogue service]-2G [digital] bands is provided. The authors also discuss the implications of their final analysis on the current 3G [higher bandwidth packet switched networks] band standards.

  
  

  BACK TO TOP OF PAGE

  ---

• Newsletter Info

  Center for Advanced Communications Policy

  Telecom/IT Policy Highlights
  JUNE 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

  ---

  BACK TO Publications