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Telecom/IT Policy Highlights


November 2003

Microsoft Word version /November 2003 TiPH (215kB)

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

    The long-awaited November 24th deadline for local number portability came and went this month, allowing cellular phone customers to keep their telephone number the same when they switch to another service provider in the same calling area. Cellular providers in the 100 largest Metropolitan Statistical Areas must obey the regulations set by the Federal Communications Commission (FCC) in October (Memorandum Opinion and Order, FCC 03-237). All carriers in the U.S. must obey the rules by May 24, 2004. This month, the FCC released the guidelines for wireline-to-wireless local number portability, requiring wireline carriers to adhere to the same timeline. The rules, released in a Memorandum Opinion and Order and Further Notice of Proposed Rulemaking [FCC 03-284], allow customers to transfer their wireline phone number to a cellular phone when there is overlap in coverage areas.

    Preparing for future technologies, the FCC adopted a Report and Order and Further Notice of Proposed Rulemaking [FCC 03-273], enabling the use of broadcast flags for digital broadcasts. The move is intended to protect high-quality content by preventing piracy, while still protecting the rights of individuals to copy digital TV content for personal use.

    The 108th Congress, nearing the end of the its first session, is in the middle of last-minute negotiations on a number of issues related to information technology and telecommunications. The House of Representatives passed versions of the E-911 Implementation Act and the Internet access tax moratorium, but both are awaiting Senate action. Both bodies did pass CAN SPAM Act, expected to be signed by the President before the end of the year.

    Additionally, spectrum management was a hot topic for the month of November. The FCC Spectrum Policy Task Force released a report, as did the Center for Strategic and International Studies’ Commission on Spectrum Management. Both reports offered suggestions for improving the effectiveness of spectrum use by pursuing market approaches. For specifics see Research/Reports section below.


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  • Legislative Activities

    Anti-Spam Bill Passes House, Senate
    11.22.03 – The CAN SPAM Act of 2003, a bill to curb unsolicited commercial e-mail, received overwhelming support from members of Congress in a floor vote. The legislation (S.877), sponsored by Senators Conrad Burns and Ron Wyden, passed the Senate by a margin of 97-0 in late October, and was amended by the House into a tougher law. The bill’s provisions criminalize the tactics used by many spammers, such as disguising their Internet addresses to avoid detection, use of deceptive subject lines in messages, and using software to randomly generate email addresses as targets. The bill authorizes the Federal Trade Commission to set up a “do-not-e-mail” registry, and it directs the FCC to devise rules to prevent the spread of spam to cellular text messages. Critics of the bill note that it will preempt state laws already enacted to fight spam, even if they are more strict. The House passed the bill 392-5, and the bill is expected to emerge from a conference committee and reach the president’s desk before the end of the year. [Source: The Washington Post, Library of Congress]

    E-911 Bill Passes House
    11.04.03 – Following up on legislation from the Telecom/IT Policy Highlights September 2003, the E-911 Implementation Act of 2003 (H.R. 2898) introduced by Rep. John Shimkus (R-IL) passed the House early this month. The bill would create an E-911 Implementation Coordination Office under the National Telecommunications and Information Administration (NTIA) to coordinate efforts between local, state, and federal emergency communications systems, public safety personnel, and telecommunication carriers. In addition, it would allow for the appropriation of millions of dollars for emergency communications and provide penalties for states that shift monies from the E-911 fund that are specifically dedicated to E-911 deployment. To view the legislation, seehttp://thomas.loc.gov/cgi-bin/query/z?c108:H.R.2898:. [Source: Library of Congress]

    Internet Access Tax Moratorium Expires, Congress Stalls on Extension
    11.25.03 – The federal ban on Internet access taxes expired on Nov. 1, but House and Senate leaders have been unable to reach an agreement for extending the ban into the future. The expired ban prohibited states from levying taxes on access to Internet services, which supporters say kept costs low for consumers and encouraged people to get online. Congress was expected to extend the moratorium soon after it expired, but some Senators expressed objections that language in the proposed ban would be too broad, preventing states from taxing any kind of Internet service, including Internet telephony (VoIP). Action on a new moratorium is not likely to occur until sometime in January or February, leaving open the possibility that cash-strapped state legislatures will adopt access taxes in the meantime. [Source: The Washington Post]

    Senate Bill Would Create Technology Trust Fund
    11.12.03 – Senator Chris Dodd (D-CT) introduced a bill (S.1854) entitled the “Digital Opportunity Investment Trust Act.” The bill would create a trust to be funded by 30% of the revenue generated by spectrum auctions and spectrum usage fees. The money in the trust would be to accelerate the use of telecommunications and information technology in research, education, public safety, cultural, non-profit, and other institutions across the country. The bill has been referred to the Senate Committee on Commerce, Science, and Transportation. In the House, the Subcommittee on Telecommunications and the Internet held a hearing on November 19th to discuss proposals to leverage investment in technology, where testimony was heard in support of the Trust. To view the bill, see http://thomas.loc.gov/cgi-bin/query/z?c108:S.1854:. [Source: Library of Congress]


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  • Policy / Regulatory Activities

    Additional Unlicensed Spectrum Released
    11.13.03 – The FCC announced in a Report & Order [FCC 03-287] that it would make available an additional 255 megahertz of spectrum in the 5.470-5.725 GHz band for use by unlicensed National Information Infrastructure (U-NII) devices, including Radio Local Area Networks (RLANs). The Order harmonizes spectrum use in the U.S. with the international standards set for U-NII devices at the World Radiocommunication Conference (WRC) earlier this year. The 80% increase in unlicensed spectrum will allow for more growth in U-NII devices, including those for services by wireless Internet service providers (WISPs). The Commission hopes the additional spectrum will provide significant benefit to American consumers and businesses by increasing competition, improving quality of service, and reducing interference with other devices in that band of spectrum. Additionally, the Order takes steps to protect critical government operations from harmful interference from U-NII devices. View press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-241220A1.txt. [Source: FCC]

    Digital TV To Carry Broadcast Flag For Piracy Protection
    11.04.03 – Responding to concerns about the potential for mass distribution of pirated digital television (DTV) programming, the FCC adopted a Report and Order and Further Notice of Proposed Rulemaking [FCC 03-273] that will enable the use of broadcast flags, an anti-piracy technology. The rules stipulate that products capable of receiving digital TV signals over-the-air must comply with broadcast flag regulations by July 1, 2005. The FCC noted that a lack of content protection would impede the transition to digital broadcasts by causing high-value programming to migrate towards more secure cable and satellite services. The rules will not require consumers to buy any new equipment. View press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-240759A1.txt. [Source: FCC]

    FCC Expands Scope of Rules for Enhanced 911
    11.13.03 – Addressing the importance of emergency response technology, the FCC expanded the scope of its Enhanced 911 (E911) regulations. The Report and Order and Second Further Notice of Proposed Rulemaking [FCC 03-290] establishes criteria for determining which services should be subject to E911 requirements. The criteria include whether the services offer real-time, two-way voice services, whether customers have an expectation of emergency service, and operational feasibility. Under the new rules, mobile satellite service (MSS) carriers providing interconnected voice service must establish call centers to forward 911 calls to public safety answering points (PSAPs), telematic services must adhere to E911 regulations if they offer interconnected commercial wireless voice services, and resellers of wireless services over cellular and broadband PCS spectrum must provide E911 services. The Order examines multi-line telephone systems (MLTS) but defers regulation of these systems to the states. For more information, view press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-241214A1.txt. [Source: FCC]

    Local Number Portability Between Wireline and Wireless Carries Approved
    11.10.03 – In preparation for its November 24th deadline for wireless carriers serving the 100 largest Metropolitan Statistical Areas (MSAs), the FCC clarified its rules for local number portability (LNP), clearing the way for “intermodal” exchanges (between wireline and wireless phones). Under the rules, published in a Memorandum Opinion and Order and Further Notice of Proposed Rulemaking [FCC 03-284, CC Docket 95-116], wireline carriers are required to port phone numbers to wireless carriers when there is an overlap in coverage between the wireless network and the rate center of the wireline carrier. Wireline operators in the 100 largest MSAs must follow the rules by November 24, 2003 unless they can demonstrate technical infeasibility. All other carriers must comply beginning May 24, 2004, the same deadline given to wireless carriers serving those areas. In its Further Notice, the FCC asked for comment on procedures for facilitating wireless-to-wireline porting when the wireless number does not match the rate center operated by the wireline carrier. The agency also seeks comment on reducing the porting interval between wireless and wireline carriers. View press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-241057A1.txt. [Source: FCC]

    Rules Broaden Benefits to Telemedicine Program in Rural Areas
    11.13.03 – Recently, the FCC adopted new rules to advance the universal program for rural health care providers. The ultimate goal of the program is to help rural health care providers acquire access to telecommunications and information services for medical purposes. The Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking (NPRM) [FCC 03-288, WC 02-60] hopes to expand eligible health care providers, provide discounted support for internet access, and alter the calculation of discounted services for more flexibility. For rural health care providers, the new rules will allow non-profit entities that as a health care provider on a part-time basis will be eligible to receive prorated support. Other benefits of the new rules will include discounts of twenty-five percent of the monthly cost of internet access to rural health care providers, adopt the FCC’s expansion of maximum allowable distance for distance-based charges to equal the distance from the rural health care provider to the municipality with the greatest population in the state, instead of the nearest municipality in the state with 50,000 or more individuals. View press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-241210A1.txt. View Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking (NPRM) at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-288A1.txt.


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  • Other Activities and Items of Interest

    Wade Appointed as Permanent CIO of Georgia
    11.10.03 – Tom Wade, Acting CIO of Georgia and Director of Georgia Technology Authority (GTA) has been appointed by Governor Sonny Perdue permanently. GTA manages the state's computer and telecom services and promotes the cost-effective use of technology in state and local government. Wade was formerly Deputy Director and Chief Operating Officer of Georgia Technology Authority prior to December 2002. According to his biography given by the Governors Office, he has also served as Deputy Commissioner of the Georgia Department of Human Resources. Wade has served on the Board of the Georgia Center for Advanced Telecommunications Technology and is a member of the American Society for Public Administration and the Georgia Society for Public Administration. View press release at http://www.gov.state.ga.us/document.asp?doc=press/press293. [Source: Office of Governor Sonny Perdue]

    Georgia Ranks 11th in Technology Workers
    11.20.03 – The American Electronics Association (AeA) released that Georgia is now 11th, up from 12th, in the rankings of high tech employment in the United States. AeA notes this comes despite the loss of approximately fourteen-thousand jobs in the high tech sector. Georgia according to the AeA study is the fifth largest telecommunications employer and sixth largest software publisher. According to the report, high-tech workers are drawing income of about an average of $64,000 a year. The national average for high-tech workers was $66,300. Venture capital investments did poorly in Georgia for 2002 totaling $564 million, a drop from the $909 million invested in 2001.In response to the new report Governor Sonny Perdue [GA-R] said that “the high-tech industry is important to Georgia’s economic development as it represented $12.4 billion in payroll for tech workers. Georgia companies are ready to grow as the economy continues to pull forward. And Georgians are working daily to attract and retain technology companies to our state." View AeA press release at http://www.aeanet.org/PressRoom/idmk_cs2003_Georgia.asp. [Source: American Electronics Association, Office of Governor Sonny Perdue]

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  • Research/ Reports

    FCC Task Force Releases Report on Spectrum Reforms and Initiatives
    11.13.03 – A report released by the FCC’s Spectrum Policy Task Force outlines the planned implementation process over the next 12 to 18 months that will foster the best use of radio spectrum for public consumption. A new tool will soon be released to track progress of all spectrum-related rulemaking measures and initiatives. Primary recommendations the Task Force reported to the Commission included migrating from “current command and control model of spectrum regulation to market-oriented exclusive rights and unlicensed device/commons models; implementing ways to increase access to spectrum in all dimensions for users of both unlicensed devices and licensed spectrum; and implement a new paradigm for interference protection. View the new tool at http://www.fcc.gov/sptf/. View press release at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-241195A1.txt. [Source: FCC]

    GAO Report Finds Wireless E911 Implementation Years Away For Many States
    11.12.03 – The U.S. General Accounting Office (GAO) released a report [GAO-04-55] indicating that wireless Enhanced 911 services are not being implemented uniformly throughout the country. The study, which examined Public Safety Answering Points’ (PSAPs) ability to determine the location of wireless callers, found that 65% could detect approximate locations (Phase I service) and 18% could detect more precise locations (Phase II service). According to GAO surveys, only 24 states indicated their ability to implement Phase II E911 services by the year 2005. The report recommends that the U.S. Department of Transportation coordinate with public safety groups and state officials to identify areas needing equipment upgrades. To view the full report, see http://www.gao.gov/cgi-bin/getrpt?GAO-04-55. [Source: GAO]

    Spectrum Management Commission Releases Report
    11.12.03 – The Center for Strategic and International Studies Commission on Spectrum Management released a report of its findings this month with the support of members of Congress and administration officials. The Commission, which included industry officials and spectrum management experts in both public and private sectors, was established to evaluate current spectrum management policies and consider changes that would promote economic growth and more effective use of the spectrum. The report, entitled, “Spectrum Management for the 21st Century,” makes five recommendations: (1) White House oversight of spectrum management, including the creation of a Special Assistant for Spectrum Management and an interagency Policy Coordinating Committee; (2) creation of a Spectrum Advisory Board to provide “impartial assessment” of spectrum policies and to develop long-term strategies; (3) increased participation in international spectrum negotiations and better preparation for World Radiocommunications Conference meetings; (4) increased support for research in spectrum innovation; and (5) development of a national spectrum strategy to identify priorities and establish a plan for balancing private and public interests, promoting new technologies, and protecting public safety. To order the full report or to view the Executive Summary, see http://www.csis.org/pubs/2003_spectrum.htm. [Source: The Cellular Telecommunications and Internet Association, The Center for Strategic and International Studies]

    Survey Charts Digital Divide Around the World, Within Countries
    10.27.03 – The silicon valley firm AMD (Advanced Micro Devices) has produced a report entitled “Charting and Bridging the Digital Divide,” a survey of Internet availability and use in eight countries around the world. The report discusses problems technological access, technological literacy, and social access to and use of the Internet around the world. In addition to profiling the divide between industrialized nations (home to 88% of the world’s Internet users) and developing countries, the report examines the digital divide between men and women, rich and poor, urban and rural, old and young, and among people of different ethnic background. To view the report, see http://www.amd.com/us-en/assets/content_type/DownloadableAssets/FINAL_REPORT_CHARTING_DIGI_DIVIDES.pdf. [Source: AMD]


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  • OTP/GCATT Events

    Spectrum Efficiency and New Technology Forum
    11.18.03 – The National Telecommunications and Information Administration (NTIA) will host a one-day forum on spectrum efficiency and new technology on Tuesday, December 9, 2003 at the U.S. Dept. of Commerce in Washington, D.C. The forum will consist of two panels, the first of which will discuss topics related to defining and measuring spectrum efficiency. The second panel will discuss the development of new technologies and services related to increased efficiency and technology deployment. The forum is one part of the President’s Spectrum Policy Initiative, designed to develop recommendations for revising spectrum policies and procedures for the 21st century. For more information about the Forum, view release at http://www.ntia.doc.gov/ntiahome/frnotices/2003/speceff12092003mtg_11192003.htm. [Source: NTIA]

    Voice Over IP Forum Begins FCC Inquiry Into Internet Telephony
    12.01.03 – The FCC hosted a Forum to discuss Voice over Internet Protocol (VoIP) with FCC Commissioners and participants from relevant industry and regulatory fields. The Forum included two panels, one on technical and service issues, the other on public policy issues. To view statements made by commissioners and presentations given by panelists, visit the Forum’s webpage at http://www.fcc.gov/voip/. [Source: FCC]


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  • Newsletter Info

    Center for Advanced Communications Policy
    Telecom/IT Policy Highlights
    November 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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