Telecom/IT Policy Highlights
Volume: 4.02
February 2004
Microsoft Word version / February 2004 TiPH (237kB)
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Contents:
Overview
Policy / Legislative Activities
Regulatory Activities
Judicial Activities
Research / Reports
Items of Interest
Events
Newsletter Info
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Overview
Voice over Internet Protocol (VoIP) increased its visibility as a key issue in telecommunications policy this February. In a ruling on one narrow aspect, the FCC said that a solely Internet-based phone service should be considered an unregulated information service. Having made this decision, it began a process of evaluating what, if any, regulations should be considered for other VoIP applications. Chairman Michael Powell has said he believes Internet telephony should not be regulated so as to allow the industry to develop on its own. Meanwhile, companies such as AT&T are rolling out their VoIP plans.
The FCC announced this month meetings focusing on the impact of the Internet on telecommunications, with a special interest in its effects on emergency 911 services and access by law enforcement. The FCC also is investigating the best policy approach to broadband over power lines (BPL), a technology that the FCC has been examining in more detail over the past year. The Commission believes BPL could expand service to rural areas and increase competition for information services.
On the wireless front, the big news of the month was the acquisition of AT&T Wireless by Cingular, the Atlanta-based venture of SBC and BellSouth. There may be other large shifts in market share as the industry undergoes a period of consolidation and cost-cutting.
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Policy / Legislative Activities
Barton Named New Chairman of House Committee on Energy and Commerce
02.26.04 – Representative Joe Barton (R-TX) was named as Chairman of the House Committee on Energy and Commerce, replacing outgoing Chairman Billy Tauzin (R-LA). Chairman Barton becomes the second Texan to serve in the position, following in the footsteps of longtime former House leader Sam Rayburn. “This is a big new job,” the new Chairman said in a statement. “This committee has a long, distinguished history, and I will work hard to be true to both where I came from and where the committee must go to accomplish its great work.” The committee has jurisdiction over a broad range of commerce issues including telecommunications and the Internet. For updates on committee changes, see [http://energycommerce.house.gov]. [Source: House Committee on Energy and Commerce]Cyberterrorism Discussed at Senate Judiciary Subcommittee Hearing
02.24.04 – The Senate Judiciary Subcommittee on Terrorism, Technology, and Homeland Security held a hearing entitled, “Virtual Threat, Real Terror: Cyberterrorism in the 21st Century” to discuss issues involved with harmful misuse of computer technologies. The Subcommittee heard from FBI, Justice Dept., and Homeland Security officials, as well as from EBay’s Chief Information Officer. To read published testimony and statements, see [http://judiciary.senate.gov/hearing.cfm?id=1054]. [Source: Senate Judiciary Committee]Database Protection Measure Approved at Committee Meeting
02.25.04 – The House Subcommittee on Commerce, Trade, and Consumer Protection marked up a bill entitled the Consumer Access to Information Act, a brief item that would classify misappopriation of data as an unfair or deceptive trade practice, allowing the Federal Trade Commission to initiate an enforcement action. The bill, which has no official sponsor and therefore no number, offers much less protection than the Database and Collections of Information Misappropriation Act [HR 3261] passed by the Judiciary Committee last month (see the December/January issue of Telecom/IT Policy Highlights (4.01) for details). Information about the bill may be found at
[http://energycommerce.house.gov/108/Markups/02252004markup1217.htm]. [Source: House Committee on Commerce and Energy]Internet Access Tax Moratorium Proposal Would Exempt Telecommunications
02.12.04 – A new bill [S.2084] sponsored by Sen. Lamar Alexander (R-TN) and Sen. Tom Carper (D-DE) would renew for two years the moratorium on Internet access taxes that expired in November. The bill, the Internet Tax Ban Extension and Improvement Act, does not go as far as previous proposals to renew the ban, which had been criticized by Senators who feared cash-strapped states would be unduly burdened by the loss of tax revenue. If passed, the bill would reinstate the moratorium on access taxes but would allow states who have been taxing DSL Internet access to continue to do so. To view a copy of the legislation, search for “S 2084” at [http://thomas.loc.gov]. [Source: Library of Congress, The Washington Post]Senate Holds Hearing on Internet Telephony
02.24.04 – The Senate Commerce Committee held a hearing on Voice over Internet Protocol (VoIP), hearing testimony from state and federal policy makers as well as industry leaders. Chairman John McCain (R-AZ) indicated in his opening remarks that he felt providing access to people with disabilities and ensuring emergency 911 services are intact are both important priorities for VoIP. Written testimony and remarks may be found at [http://commerce.senate.gov/hearings/witnesslist.cfm?id=1065]. [Source: Senate Commerce Committee]Georgia: Bill Would Allow Uniformity in Statewide Radio Codes
02.01.04 – A bill introduced in the Georgia House of Representatives by Rep. Hugh Floyd (D-Norcross) would provide for uniform statewide radio codes and signals for law enforcement, firefighting, emergency medical, and other public service providers. The bill [HB 1088] would direct the Department of Public Safety to issue regulations creating the uniform codes statewide. The bill is awaiting action in the House Committee on Public Safety. For information on the bill, see [http://www.legis.state.ga.us/legis/2003_04/sum/hb1055.htm]. [Source: Georgia General Assembly]Georgia: Spam Bill Would Create Felonies, Hefty Fines for Unsolicited E-mail
02.10.04 – A bill introduced in the Georgia House [HB 1424] would make it a misdemeanor of a high and aggravated nature to “falsify or forge e-mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk e-mail.” That crime would become a felony if the spam is sent to too many people, earns too much revenue, or involves a minor in any way. The bill, sponsored by Rep. Barbara Mobley (D-Decatur), has been assigned to the House Committee on Public Utilities and Telecommunications. For more information on HB 1424, see [http://www.legis.state.ga.us/legis/2003_04/sum/hb1424.htm].Georgia: Universal Information Access for Blind Passes House
02.02.04 – As reported in last month’s issue of Telecom/IT Policy Highlights, a bill in the Georgia General Assembly [HB 1055] was introduced to create an audible Universal Information Access System for blind and print-disabled individuals in the state. The House of Representatives passed the bill 165-1, and it is currently awaiting action in the Senate, where it was referred to the Committee on Regulated Industries and Utilities. To view information about HB 1055, see
[http://www.legis.state.ga.us/legis/2003_04/sum/hb1055.htm]. [Source: Georgia General Assembly]Georgia: Bill Allows Increased Fees For Enhanced 911 Implementation
02.18.04 – A bill [HB 1518] introduced in the Georgia House would amend the state’s emergency 911 provisions so as to allow for an increase in fees to allow local governments to implement enhanced wireless emergency services. The bill would also update cost structuring, provide for cost recovery by wireless service providers implementing wireless 911 services, and require periodical updates to the Georgia Emergency Management Agency. The bill would restrict use of funds to those programs that conform to the two-step emergency 911 plan established by the Georgia Technology Authority. The bill is in the Committee on Public Utilities and Telecommuncations. For more information, see [http://www.legis.state.ga.us/legis/2003_04/sum/hb1518.htm]. [Source: Georgia General Assembly]
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Regulatory Activities
Copps Calls For Immediate Action on National Broadband Deployment
02.25.04 – In a speech delivered before the Quello Center Symposium, FCC Commissioner Michael J. Copps called for immediate action to encourage the deployment of advanced telecommunications capabilities to all Americans. “IP applications will only revolutionize communications if everyone has access to really high capacity bandwidth,” Copps said. The Commissioner pointed to broadband deployment in other nations and noted that the U.S. ranks 11th in global penetration, asking “what more of a wake-up call do we require?” To read the full text of his statements, see [http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244356A1.txt]. [Source: Federal Communications Commission]Expansion of Enhanced 911 Rules: Comments Sought
02.11.04 – A proposal adopted by the FCC in November to expand the scope of enhanced 911 rules to cover new entities was published in the Federal Register this month. Comments on the Second Further Notice of Proposed Rulemaking [FCC 03-290] are due March 29, 2004, and reply comments are due April 26, 2004. As was reported in the November issue of Telecom/IT Policy Highlights (3.10), the proposed rule addresses the obligation of mobile satellite services (MSS) and multi-line telephone systems (MLTS) to provide enhanced 911 capabilities. To view the Notice, see [http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-290A1.txt]. [Source: Federal Communications Commission]FBI Announces Anti-Piracy Warning Initiative
02.19.04 – The Federal Bureau of Investigation (FBI) announced a partnership with the Motion Picture Association of America (MPAA), Recording Industry Association of America (RIAA), the Software and Information Industry Association (SIIA), and the Entertainment Software Association (ESA) to combat theft of copyrighted material. As part of the initiative, officials unveiled a new FBI “Anti-Piracy” seal and warning text to be displayed on copyrighted materials such as compact discs, DVDs, and software. The FBI hopes that the seal will resonate the message that piracy is a serious crime with serious consequences. The Bureau has also published an “Education Letter” to educate citizens about the risks and dangers associated with peer-to-peer file-sharing systems. The letter may be found online at [http://www.fbi.gov/cyberinvest/cyberedletter.htm]. To view the press release, see [http://www.fbi.gov/pressrel/pressrel04/piracy021904.htm]. [Source: Federal Bureau of Investigation]FCC Adopts Minimal Regulatory Approach To VoIP, Requests Comments On Strategy For Internet-Enabled Telephone Services
02.12.04 – The FCC took a major step forward in developing its policy with respect to Voice over Internet Protocol (VoIP) Responding to a Petition for a Declaratory Ruling from pulver.com regarding its “Free World Dialup” service, the FCC issued a Memorandum Opinion and Order [FCC 04-27, WC 03-45] declaring that VoIP service that is entirely Internet-based is not telecommunication and therefore not subject to traditional telephone regulation. Because pulver.com’s service does not connect users to the public switched telephone network, the FCC declared it to be “an unregulated information service that is subject to the federal jurisdiction.”Accompanying the decision was a Notice of Proposed Rulemaking [FCC 04-28, WC 04-36] to investigate mechanisms to implement what the commission termed “important social objectives” associated with Internet-enabled voice services. These include public safety, emergency 911, law enforcement access, consumer protections, and disability access. The FCC also announced plans to address some of the technical issues in a Communications Assistance for Law Enforcement (CALEA) rulemaking proceeding. The Notice asks for comment on the appropriate regulatory treament of a broad range of Internet services that offer services similar to traditional telephone networks. Specifically, the FCC wants to know what types of regulation should be applied to which types of services and who should have jurisdiction in these different classes of service.
FCC Chairman Michael Powell said the Commission’s action “follows in [the] tradition of fostering innovation and consumer choice,” and that it “recognizes that we cannot simply contort the character of the Internet to suit our familiar notions of regulation.” [http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243868A2.txt]
To view the FCC’s Declaratory Ruling that pulver.com’s service is not telecommunications, see [http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-27A1.txt]. To view the press release about the NPRM, see
[http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243868A1.txt]. For more information about VoIP and relevant FCC policy, see [http://www.fcc.gov/voip]. [Source: Federal Communications Commission]FCC Proposes Rules to Foster Development of Broadband Over Power Lines
02.12.04 – In a Notice of Proposed Rulemaking [FCC 04-29, ET 04-37], the FCC proposed changes to its Part 15 (Radio Frequency Devices) Rules that would foster the development of broadband services over electric power lines. Since electric power lines are ubiquitous, it is believed that broadband over power lines (BPL) has the potential to increase the availability of high-speed Internet access in rural and underserved areas and promote competition elsewhere by providing broadband alternatives. The Notice adopted by the Commission proposes rules that would require BPL devices to utilize mitigation techniques to avoid harmful interference with existing frequencies, many of which are employed for public safety operations. It also clarifies measurement guidelines for systems that use electric wiring to transfer information to electronic devices. The Commission believes that “the proposed changes will remove regulatory uncertainties and facilitate the introduction and use of this promising new technology.” To view the Notice, see
[http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-29A1.txt]. [Source: Federal Communications Commission]FCC Expands, Updates Network Outage Reporting Requirements
02.12.04 – The FCC adopted a Notice of Proposed Rulemaking [FCC 04-30, ET 03-35] that would require wireless and satellite communications providers to report network outages to the Commission. Currently, wireline and cable telecommunications providers are required to report significant disruptions in service on a regular basis. The Commission is proposing an electronic filing system that would ease data collection, and it wants to gather new information about outages affecting critical facilities such as 911 response centers or nuclear power plants. The FCC cites the proliferation of wireless telecommunications and the increasing demands of homeland security as reasons for the new requirements. To view the Notice, see [http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-29A1.txt]. [Source: Federal Communications Commission]Homeland Security Launches Critical Infrastructure Information Program
02.20.04 – The Department of Homeland Security (DHS) launched its Protected Critical Infrastructure Information (PCII) Program in order to gain information from the private sector about vulnerabilities in the nation’s security. Critical infrastructure includes systems or assets that are important to national security, public health, and economic well-being. According to the DHS, 85% of U.S. critical infrastructure is in the private sector. The PCII Program allows private entities to report weaknesses in infrastructure while keeping information confidential. Procedures for handling the information were established by an Interim Rule published in the Federal Register [FR Doc. 04-3641]. Comments on the rule [6 CFR Part 29] are due May 20, 2004. For more information about the PCII Program or about the Department of Homeland Security’s actions, visit [http://www.dhs.gov/pcii]. [Source: Department of Homeland Security]FCC Internet Policy Team To Hold Emergency Services “Solutions Summit”
02.12.04 – The FCC’s Internet Policy Working Group, created by Commission Chairman Michael Powell in December to investigate policy issues associated with the shift towards Internet-based telecommunications services, will hold a “Solutions Summit” on March 18, 2004. This summit, the first in a series of meetings with government and industry leaders, will focus on the challenges of expanding 911/E911 access to VoIP users and other Internet-based services. The event is open to the public and will be held at FCC headquarters in Washington, D.C. For more information, visit the Internet Policy Working Group’s webpage at [http://www.fcc.gov/ipwg]. [Source: Federal Communications Commission]Request for Comments on Spectrum Management Policy
02.02.04 – The National Telecommunications and Information Administration (NTIA) issued a Notice of Inquiry [FR Doc. 04-2054] requesting comment on policy reforms related to radio frequency spectrum management. The request relates back to an Executive Memorandum to develop and implement a comprehensive United States Spectrum Policy for the 21st Century. The policy is directed towards fostering economic growth, protecting homeland security, maintaining global competitiveness in communications, and satisfying public safety and research infrastructure needs. To achieve these goals, the Department of Commerce must meet four objectives: facilitating a modernized and improved spectrum management system, facilitating policy changes to create incentives for more efficient and beneficial use of the spectrum, developing policy tools to streamline the deployment of new technologies, and developing means to address critical spectrum needs of national/homeland security, public safety, transportation infrastructure, and science. Comments are due to NTIA on or before March 18, 2004. To view copies of the Notice, the Executive Memorandum, and any early responses, see [http://spectrumreform.ntia.doc.gov]. [Source: National Telecommunications and Information Administration]California: Utility Commission to Examine Regulation Issues Surrounding VoIP
02.11.04 – The California Public Utilities Commission (CPUC) has begun to consider whether Voice Over Internet Protocol (VoIP) telephony should be subject to regulation. According to CPUC staff, VoIP will make up between 25 to 40 percent of total intrastate telecommunication revenues in California. Policy aspects that the CPUC will examine include VoIP effects on telephone service to low-income areas, customers with disabilities, rural areas and public safety concerns. The CPUC estimates based on penetration rates that by 2008 California will not be able to support five universal service programs mandated by state law due to revenue streams for these programs declining to between $200 and $400 million in reaction to the emergence of the new technology. Comments are due within forty-five days. View press release at
[http://www.cpuc.ca.gov/PUBLISHED/NEWS_RELEASE/34009.htm]. [Source: California Public Utilities Commission]
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Judicial Activities
Appeals Court Upholds Do-Not-Call Registry
02.17.04 – The U.S. Court of Appeals for the Tenth Circuit upheld the constitutionality of the FTC’s do-not-call registry. The ruling, which reversed the opinion of a lower court, said that the FTC’s distinction between businesses who make sales calls and charities or political organizations is not a violation of the First Amendment right to free speech. Writing for the court, Judge Ebel stated, “We hold that the do-not-call registry is a valid commercial speech regulation because it directly advances the government’s important interests in safeguarding personal privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech.” In a public statement, FCC Chairman Michael Powell called the decision “a triumph for American consumers.” [http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243951A1.txt] To read the opinion in the case, FTC v. Mainstream Marketing Services, visit [http://www.ca10.uscourts.gov/opinions/03-1429.txt]. [Sources: U.S. Court of Appeals for the Tenth Circuit, Federal Communications Commission]FCC Biennial Review Process Upheld
02.13.04 – The U.S. Court of Appeals for the District of Columbia Circuit ruled that the FCC does not have to “repeal or modify every rule that the commission does not determine to be absolutely essential.” In the case, Cellco v. FCC [02-1262], Verizon Wireless claimed that the FCC was taking too long to complete its biennial review of regulations as required by the 1996 Telecommunications Act and that it was being ineffective in the process. The Court upheld the FCC’s review process and said it does not have to complete a review in the same year in which it began. To read a copy of the opinion, see [http://pacer.cadc.uscourts.gov/docs/common/opinions/200402/02-1262a.txt]. [Source: U.S. Court of Appeals for the District of Columbia Circuit]
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Research / Reports
GAO Finds Government IT Management Could Be Improved
02.11.04 – The U.S. General Accounting Office (GAO) conducted a study of federal agencies’ management of information technology investments and strategic practices, and it found that IT implementation is uneven. The report [GAO-04-49] says that strategic IT plans and goals may exist, but they are not sufficiently tied to performance measures, making it difficult to assess the success of IT activities. Furthermore, many agencies do not have enough oversight of their IT investments, a problem which GAO says can hurt effectiveness.
See report at [http://www.gao.gov/atext/d0449.txt]. [Source: U.S. General Accounting Office]Report Addresses Role of Libraries in Bridging the Digital Divide
02.25.04 – A report from the Bill and Melinda Gates Foundation entitled “Toward Equality of Access: The Role of Public Libraries in Addressing the Digital Divide” finds that public access to computing is helping socioeconomically disadvantaged groups. The report identifies the challenges facing libraries as they further develop their role as a provider of information services, and it examines the impact of public libraries in underserved communities. To read the report (PDF format), see
[http://www.gatesfoundation.org/nr/Downloads/libraries/uslibraries/reports/TowardEqualityofAccess.pdf]. [Source: Bill and Melinda Gates Foundation]Report Forecasts More “Cord-Cutting” as Subscribers Shift to Wireless
02.25.04 – A report from high-tech market research firm In-Stat/MDR finds that approximately 15% of U.S. consumers use wireless phones as their primary phone. The report also finds that more and more consumers are willing to “cut the cord” and shift from a landline to a wireless phone in the near future. According to the research, consumers using primarily wireless phones are likely to be young, single, and in urban areas. In-Stat/MDR projects that in four years nearly 30% of wireless subscribers will be without a landline. For more information on the proprietary report, see [http://www.instat.com/press.asp?Sku=IN0401644MCM&ID=895]. [Source: In-Stat/MDR]Review Suggests E-mail Requires New Wiretapping Laws
02.01.04 – In his article, “The Need For Revisions to the Law of Wiretapping and Interception of Email,” Robert A. Pikowsky suggests that the rapid pace of technological innovation has rendered current wiretapping laws inconsistent in their protection of privacy. The article reviews the laws involved in intercepting e-mail communication and argues for a more uniform approach. The article is published in the Michigan Telecommunications and Technology Law Review, Vol. 10(1). To read an electronic copy, see [http://www.mttlr.org/html/Volume10Issue1.html]. [Source: Michigan Telecommunications and Technology Law Review]
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Items of Interest
Cingular Buys AT&T Wireless For $41 Billion
02.17.04 – Atlanta-based Cingular Wireless acquired AT&T Wireless after it submitted a last-minute bid of $41 billion in cash. The move makes Cingular the nation’s largest wireless carrier, serving 46 million customers in 49 states across the country. Cingular, a joint venture between SBC and BellSouth, will remain headquartered in Atlanta. Competition in the wireless market is expected to heat up as industry consolidation continues and rivals attempt to gain market share. With the deal, Verizon wireless will drop one spot to become the nation’s second-largest provider with almost 38 million customers. [Source: The Wall Street Journal]Technology Opportunities Program Grants Available
02.17.04 – The National Telecommunications and Information Administration announced the availability of approximately $12.9 million in grants through the Technology Opportunities Program (TOP). The program promotes the use of advanced telecommunications and information technologies in non-profit and public sectors. Program projects encourage the development of broadband infrastructure and innovative services to improve education, health care, or public information. For more information about obtaining TOP grants, see
[http://www.ntia.doc.gov/top/grants/documents/notice2004.html]. [Source: National Telecommunications and Information Administration]
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Events
CTIA WIRELESS 2004 Conference To Be Held In Atlanta
02.25.04 – The Cellular Telecommunications & Internet Association (CTIA) will hold its Wireless 2004 conference at the Georgia World Congress Center March 22-24, 2004. CTIA WIRELESS 2004 bills itself as the largest, most comprehensive show in the wireless industry. The conference will feature keynotes from CEOs of many major wireless firms, breakout sessions on network technologies, and hundreds of exhibitors.The Wireless Rehabilitation Engineering and Research Center on Mobile Wireless Technologies for Persons with Disabilities (Wireless RERC) is one of the sponsors at the event and will be producing a seminar on Mobile Wireless Technologies Persons with Disabilities. CTIA is providing all friends of the Wireless RERC free Platinum Pass registration (go to [www.ctiashow.com/freepass] and enter pass code AP). For more on the seminar, visit [http://www.wirelessrerc.org]. Conference information is available at [http://www.ctiawireless2004.com]. [Source: CTIA]
Mayor’s Office of Community Technology 2004 Tech Summit
02.29.04 – The Atlanta Mayor’s Office of Community Technology will hold its 2004 Tech Summit at the Georgia Tech Hotel and Conference Center March 10-12. The theme of the summit is “Wireless Opportunities for Municipal Government to Narrow the Digital Divide,” and it will address the role of wireless technology in increasing access to all communities. For more information on the event and to register, see
[http://www.atlantacommunitytech.com/techsummit/techsum.html]. [Source: Atlanta Mayor’s Office of Community Technology]Summit on Emergency Communications for Disability Community
02.25.04 – The Federal Communications Commission will hold a summit entitled “Emergency Communications and Homeland Security – Working with the Disability Community” on March 25, 2004. The summit will give disability organizations, service providers, government agencies, and other relevant stakeholders the opportunity to discuss access by all Americans to communications in emergency situations. The event will be held at the FCC headquarters in Washington, D.C. [Source: Federal Communications Commission]
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Newsletter InfoCenter for Advanced Communications PolicyTelecom/IT Policy Highlights Volume 4.02
February 2004
Alan Bakowski, Editor
Telecom/IT Policy Highlights presents legislative, regulatory, legal, and other items of interest pertinent to information, telecommunications, and related technology policy and research. For additional information regarding the information provided in this report, or if there are newsworthy items that should be included in future editions, please contact , Research Specialist, or , Associate Director of Research.BACK TO TOP OF PAGE