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Telecom/IT Policy Highlights

Volume: 5.01
December 2004 - January 2005

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

    The new year brought some new faces to Capitol Hill, where the Republican leadership and President Bush, emboldened by election successes, have begun to tackle big issues. But while topics such as Social Security, tax reform, and the budget deficit dominate the news media, a number of telecommunications and information technology policy activities have taken place behind the scenes. The House of Representatives is moving quickly to pass an anti-spyware law similar to the anti-spam law it passed in 2003. House committee leaders are more frequently discussing the prospects of a new telecommunications law to deal with Internet- enabled services, although new Senate committee chairs may not be as enthusiastic about the changes. President Bush signed a piece of legislation just before Christmas that will strengthen enhanced 911 and enable more spectrum relocation.

    Some matters did manage to receive more attention, however. Just after President Bush's second inauguration, FCC Chairman Michael Powell announced his resignation , effective sometime in March. Recently the Commission adopted rules to give more flexibility for wireless devices and took steps toward an auction of government spectrum for commercial use, two things Powell has been aggressive in fighting for during his tenure. In December the Commission also tried for the fourth time to write legal unbundling rules , although the result was what dissenting Commissioner Jonathan Adelstein described as an Order that "cuts the cord on the local competition provisions of the Telecommunications Act of 1996, the companies and investors which sought to deliver on the promise of that Act, and the American consumers - to whom that promise was made." [Statement: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255344A5.txt] The Commission was even more provocative in considering a lift of its ban on cellular phone use on commercial airline flights.

    In state and local news, Philadelphia forged ahead with a bold plan for a municipal wireless network. And Georgia Governor Sonny Perdue proposed measures to protect consumers from unwanted email and unwanted cellular phone calls. For more information, see "Policy/Legislative Activities" below.


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  • Policy / Legislative Activities

    Enhanced 911, Spectrum Relocation Bills Survive 108th Congress, Become Law 12.23.04 - Just a few weeks before the start of the 105th Congress, President Bush signed into law a telecommunications bill that addressed three key issues. The first part of the bill [Public Law No. 108-494], entitled the "ENHANCE 911 Act," provides for $250 million in Federal matching grants to assist states with implementation of Phase II enhanced 911 systems (those that can precisely determine the location of cellular phone calls). The law also creates a Federal E-911 Implementation Coordination Office at the National Highway Traffic Safety Administration to monitor states and track their progress. A second part of the bill, the "Commercial Spectrum Enhancement Act," provides funding for Federal government entities that incur costs from relocating their spectrum use to new frequencies. The spectrum relocation, which will be managed by the National Telecommunications and Information Administration (NTIA), is intended to free up more valuable wavelengths for commercial use. Finally, a third provision of the bill adjusted the accounting provisions for the Universal Service Fund. To read a copy of the bill, see [http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.5419:].
    [Source: Library of Congress]

    New Leadership in Key Telecom Committees 01.03.04 - Although the Republican party retained control of both houses of the 109th Congress, there is new leadership in some committees that oversee telecommunications and information technology policy on Capitol Hill. Senator Ted Stevens (R-AK) takes over as Chairman of the Senate Committee on Commerce, Science, and Transportation from Senator John McCain (R-AZ), who stepped down because of term limits imposed by Republican leadership. Stevens, who left his post as chairman of the powerful Appropriations Committee, has served on the Commerce Committee for 32 years. He was one of the original sponsors of the Telecommunications Act of 1996. As an Alaskan, Stevens has fought strongly to protect the Universal Service Fund, something that may be important in negotiations for a new Telecom Act. The Commerce Committee has primary jurisdiction over the FCC and telecommunications issues. For more on Senator Stevens, see [http://commerce.senate.gov/newsroom/printable.cfm?id=230427].

    The Senate Judiciary Committee also has a new leader for the 109th Congress. Senator Arlen Specter ( R-PA) will serve as chairman of the committee, which has jurisdiction over antitrust laws, intellectual property, and enforcement issues associated with information technology. Specter takes over from Senator Orrin Hatch (R-UT), who had been aggressive in protecting intellectual property rights over the Internet. Leadership on House committees largely remains the same as it was in the 108th Congress; Rep. Joe Barton (R-TX) remains Chairman of the House Committee on Energy and Commerce.
    [Sources: Senate Committees on the Judiciary and on Commerce, Science, and Transportation, House Committee on Energy and Commerce]

    Philadelphia & Verizon Reach Agreement on Municipal Wireless Network 12.01.04 - Verizon Communications Inc. and the City of Philadelphia came to an agreement that allows the City to build a municipal wireless network that would extend access to broadband city-wide. Philadelphia had been gearing up to build the network but faced opposition from the Pennsylvania General Assembly, which passed a bill that would forbid cities from offering municipal networks unless local telecommunications carriers approved of their plans. The bill [H.B. 30] passed the Assembly, but Pennsylvania Governor Ed Rendell, who previously had served as Mayor of Philadelphia, wanted to ensure that the city would be able to provide its service. With Governor Rendell considering a veto, Verizon agreed to allow Philadelphia to provide its wireless network. Rendell then signed the measure into law; to obtain a copy of the bill, see [http://www.legis.state.pa.us/WU01/LI/BI/ALL/2003/0/HB0030.HTM]. The legislation enacted in Pennsylvania is extremely favorable to telecommunications companies; if any telecommunications company objects to a proposed municipal network, the city cannot take further action unless the objecting firm fails to offer a similar network within 14 months.

    The issue of whether cities should provide telecommunications networks is a complex one. Until last year, it was thought by some that the Telecommunications Act of 1996 gave cities an express right to offer telecommunication services. However, the Supreme Court ruled last year in the case Nixon v. Missouri Municipal League that states did have the authority to forbid cities from offering telecommunications services, upholding Missouri 's law prohibiting municipal networks. However, the uncertainty over regulatory definitions embedded in the Telecom Act make judgments about wireless broadband networks unclear (see "Judicial Activities" section below for more on this topic). While many cities around the country have offered limited wireless networks, Philadelphia is attempting to create a comprehensive network that will cover all neighborhoods, including those that have been left out of telecom infrastructure build-outs. For more information on Philadelphia 's wireless enterprise, see [http://www.phila.gov/wireless/index.html].
    [Sources: Pennsylvania General Assembly, Wireless Philadelphia Executive Committee , U.S. Supreme Court]

    Spyware Legislation Reintroduced 01.04.05 - On the second day of the 109th Congress, Representative Mary Bono (R-CA) introduced the SPY Act [H.R. 29], a bill that would ban the deceptive practices that make spyware dangerous for computer users and giving the Federal Trade Commission (FTC) the authority to combat illegal spyware. The bill is identical to H.R. 2929 from the 108th Congress, a bill that passed the House 399-1 in October 2004 but did not come for a vote in the Senate. The House Committee on Energy and Commerce held a hearing on the bill on January 26, and the measure is expected to pass again this year. To read a press release about the bill from Congresswoman Mary Bono, see [http://www.house.gov/apps/list/press/ca45_bono/hearing_spyact109.html]. To read the bill itself, see [http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.29:].
    [Sources: Library of Congress, Office of Representative Mary Bono]

    Georgia: Governor Perdue Proposes Anti-Spam Legislation 01.19.05 - Georgia Governor Sonny Perdue announced he would submit to the General Assembly a bill to create serious penalties for false and misleading practices that result in unsolicited commercial email, or spam. The bill [S.B. 62], is called the Georgia Slam Spam Email Act, and it would create felony charges of up to five years in prison for the most egregious cases. The proposed legislation is similar to that enacted by other states. Governor Sonny Perdue announced the proposal at the headquarters of Atlanta-based Internet service provider (ISP) EarthLink, a company that also lobbied heavily for the Federal Can-Spam Act of 2003. EarthLink President and CEO Garry Betty said the legislation "gives EarthLink and other businesses throughout Georgia an important new tool for shutting down rogue, spam e-mailers." For more information, read the press release from the Governor's office at [http://www.gov.state.ga.us/press/2005/press669.shtml]. To track the bill's progress, see [http://www.legis.state.ga.us/legis/2005_06/sum/sb62.htm].
    [Source: Office of Georgia Governor Sonny Perdue, Georgia General Assembly]

    Georgia: Perdue Opposes Wireless Phone Directory 01.24.05 - Georgia Gov. Sonny Perdue has proposed legislation that would require wireless telephone companies to acquire consent from their customers before listing their phone number in any directory database. The Wireless Privacy Act [S.B. 46] would require consent to be obtained in writing and would enable customers to revoke their consent at any time. According to a statement released by the Governor's office [ http://www.gov.state.ga.us/press/2005/press672.shtml ], the legislation is motivated by a desire to prevent cell phone customers from receiving unwanted phone calls or text message spam.

    Similar legislation was proposed in Congress during the last session. In September 2004, the Senate Commerce Committee held a hearing to consider the Wireless 411 Privacy Act [S. 1963], which would have forbidden wireless companies from publishing a wireless directory and required them to allow consumers to refuse directory- assisted calls on a call-by-call basis. The Commerce Committee passed the bill by a vote of 12-10, but it was never taken up by the full Senate. For more details on the S. 1963 hearing, see [http://commerce.senate.gov/hearings/witnesslist.cfm?id=1315]. The subject of text-message spam has not been directly addressed by Federal legislation, although some provisions in the CAN-SPAM Act of 2003 did require the FCC to pass rules protecting email obtained through cellular phones and pagers, which it did in August 2004. The Georgia legislation does not outlaw unwanted text-messages but it would allow consumers to control who has access to their phone number. The bill has been assigned to the Senate Committee on Science & Technology. Sen. David Shafer (R-Duluth), a former Republican candidate for Secretary of State, is the Chairman of that committee and the primary sponsor of S.B. 46. To track the bill's progress, see [http://www.legis.state.ga.us/legis/2005_06/sum/sb46.htm].
    [Sources: Georgia General Assembly, Office of Georgia Governor Sonny Perdue, Senate Commerce Committee]


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  • Regulatory Activities

    Advanced Wireless Spectrum Being Readied for Sale for Commercial Use 12.29.04 - In a letter to Assistant Secretary for Communications and Information Michael D. Gallagher, FCC Chairman Michael Powell announced the Commission's intent to auction licenses for 90 MHz of spectrum for advanced wireless services as early as June 2006. The spectrum, which is currently operated by the Federal government, would be used by commercial entities wishing to provide third-generation (3G) wireless services. The spectrum auction was enabled by the passage of the Commercial Spectrum Enhancement Act, which gives Federal agencies funding for relocation costs. The Act requires the FCC to notify the National Telecommunications and Information Administration (NTIA), the agency that manages Federal government spectrum licenses, at least 18 months in advance of any auction. Chairman Michael Powell said in a statement that "the spectrum reallocation fund mechanism that Congress has established will result in successful auctions, smooth relocation of important government operations and, most important, competitive high quality communications services being provided to American consumers." [Statement: http://hraunfoss.fcc.gov/edocs_public/ attachmatch/DOC-255802A1.txt]
    [Source: FCC]

    Broadband, Cell Phones Cleared for Air Travel by FCC 12.15.04 - The FCC issued two rulings that may allow for more communications services to be offered on commercial air travel. In a Report and Order and Notice of Proposed Rulemaking [ FCC 04-287 ], the Commission proposed licensing plans for broadband spectrum designated for commercial air-ground service. The plans will enable two high bidders to receive licenses for the 4 MHz of spectrum within the 800 MHz band, which may be used to provide broadband Internet service during flights. View the Commission's press release at [http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255345A1.pdf]. In a separate Notice of Proposed Rulemaking [ FCC 04-288 ], the FCC announced it was considering relaxing its ban on cellular phone use inside airborne aircraft. Currently, both the FCC and the Federal Aviation Administration (FAA) prohibit cellular phone use during flight. The agencies are coordinating their review of these regulations, and any changes are likely to be limited in scope. The Commission is inviting public comment [http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255742A1.pdf] on the matter. To read the Commission's press release, see [ http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255246A1.pdf].
    [Source: FCC]

    FCC Chairman Powell Announces Resignation, Effective March 01.21.05 - After more than seven years of service on the FCC, Chairman Michael K. Powell announced he would step down from his post sometime in March. [Statement: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256206A2.txt ] Powell was appointed to the Commission by President Clinton in November 3, 1997 and designated Commission Chairman on January 22, 2001 by newly-inaugurated President Bush. For a statement from the Commission on Chairman Powell's accomplishments, see [http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256206A2.txt].

    Powell has been highly visible as FCC Chairman, due in large part to his public profile associated with enforcement of broadcast indecency regulations and his relaxing of media ownership rules. During his tenure on the Commission, Powell has championed broadband and wireless Internet services, leading the charge for a lessened regulatory burden on the communications industry. Some of his initiatives included wireless local number portability, expanding spectrum available for unlicensed devices, broadband over power lines, the do-not-call registry, and accelerating the transition to digital television. Though not always successful in persuading his fellow Commissioners, Powell used his power as Chairman to dominate the agenda. His successor is likely to continue with similar themes, but he/she is unlikely to be as visible a figure as Michael Powell.
    [Source: FCC]

    FCC Rule Change Allows More Flexible Spectrum Use for Wideband Devices 12.15.04 - The FCC adopted a Second Report and Order and Second Memorandum Opinion and Order [ FCC 04-285 ] changing its Part 15 rules for unlicensed devices so as to facilitate the introduction of ultra-wideband (UWB) technology. In 2003, the Commission changed its rules to allow some UWB devices to operate including imaging systems, vehicular radar, and some communications systems. Because ultra-wideband devices operate using short bursts of energy spread over a large bandwidth, UWB devices were originally granted special permission to operate over a wide range of frequencies and exceed the standard power limits for unlicensed devices. With its Second Report and Order , the Commission expanded these rule changes to cover some wideband devices that are not classified as UWB. The FCC is hoping the rule change will enable more extensive radar systems to operate, allowing for improved automobile safety and tracking systems for personnel location in places such as hospitals. The Commission did not change the rules or standards for UWB devices, fearing such a change would hurt the nascent industry. To read the Order , see [http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-285A1.txt].
    [Source: FCC]

    FCC Writes New Line-Sharing Rules 12.15.04 - After its last set of rules were struck down by a Federal appeals court in March 2004, the FCC finally issued a new set of line-sharing rules governing the rates at which the former Bell operating companies (now Verizon, SBC Communications, BellSouth, and Qwest) have to lease their lines to competitors. The action, an Order on Remand [ FCC 04-290 ], drastically scales back the concessions these incumbent firms have had to make in the past. The firms will not be required to share as many components of their networks, and they will have the ability to raise the fees they charge substantially. The vote on the Order was 3-2, with Commissioners Copps and Adelstein dissenting. Commissioner Copps wrote in his statement that the ruling "effectively dismantles wireline competition....And down the road consumers will face less competition, higher rates, and fewer service choices." [Statement: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255344A4.txt]

    The Order is the Commission's fourth attempt to write line-sharing rules required by the 1996 Telecom Act. The first three sets of rules were all struck down by the Courts, with each rewrite requiring a smaller regulatory burden on incumbent carriers. In his statement on the matter, Chairman Michael Powell stressed how carefully the Commission had studied the rulings issued by the judiciary. "The rules have also been carefully designed to pass judicial muster, for I hope we have learned that illegal rules, no matter their other merits, are no rules at all.... Regrettably, years of fierce battles to bend the rules entirely toward one sector or another without proper respect for the legal constraints have contributed to a prolonged period of uncertainty and market stagnation." [Statement: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255344A2.txt]

    The new rules will likely have the effect of increasing local telephone rates after the yearlong transition period, which the two dissenting Commissioners argued was too short. The rules will also likely hasten the decline of firms like AT&T, which stopped marketing its services to residential customers after the overturned unbundling rules expired in June.
    [Source: FCC]


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  • Judicial Activities

    Maryland Judge Rules State Anti-Spam Statute Unconstitutional 12.09.04 - A state circuit court judge in Maryland ruled that the state's 2002 Commercial Electronic Email Act was unconstitutional because the Maryland legislature did not have the authority to regulate interstate commerce. The ruling, which does not overturn the law unless it is upheld by the state's appellate court, was the result of a lawsuit against a New York company that had been accused of sending email deemed as spam by the 2002 law. At issue is whether or not the Maryland law could apply to the case, which involves an Internet service provider based in Virginia and a law student from the District of Columbia who incorporated his business in Maryland. Maryland 's law allows victims of spam to seek civil remedies by filing lawsuits against spammers

    Maryland is one of three states with anti-spam laws on the books. Virginia was the first state to ban unsolicited commercial email, and it was rewarded with a high profile conviction in November. Ohio also recently passed legislation to fight spam, including possible criminal penalties for the worst violators. Read the Ohio law's contents at [http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_383]. However, most states have yet to enact legislation, perhaps influenced by the fact that the Federal CAN-SPAM Act has done little to slow the spread of unwanted email. However, states that have devoted resources to fighting spammers, such as Virginia , where AOL is headquartered, have been somewhat successful.
    [Sources: Maryland General Assembly, Ohio General Assembly, The Washington Post ]

    Supreme Court Agrees to Settle Regulatory Status of Cable-Based Broadband12.03.04 - The Supreme Court has agreed to determine the regulatory status of cable-based broadband, something that has remained in legal limbo for the past several years. The 1996 Telecommunications Act created separate regulatory categories for telecommunications services, cable services, and information services, which posed a problem for regulators when cable modems began providing access to the Internet. In March 2002, the FCC issued a Declaratory Ruling stating that cable modem service was an information service that was exempt from state or Federal regulation. However, this ruling was challenged by a number of Internet Service providers (ISPs) and cable companies, who argued that the service should be considered at least part telecommunications or part cable. The Ninth Circuit Court of Appeals settled the matter in the case Brand X v. F.C.C. , deciding that cable modems provided both information services and telecommunications services. For a copy of the opinion (PDF), see [http://www.fcc.gov/ogc/documents/opinions/2003/02-70518.pdf].

    However, the Supreme Court has agreed to hear an appeal of the Brand X decision, which should settle the question for good. Cable companies are hoping that the Court will uphold the FCC's policy, keeping them free from regulation. ISPs are hoping that the Court will consider cable modems to provide telecommunications services so that cable companies would be required to share their networks with competitors. And telephone companies, such as Verizon, one of the parties in the consolidated Brand X case, hope that the Court will go even further and issue a ruling that declares digital subscriber lines (DSL) to be considered information rather than telecommunications services. An additional possibility is that the Supreme Court will only address one of the more technical questions and remand the case back to the Ninth Circuit for further deliberation. However, Court observers expect the issue of cable regulation to be settled once and for all when the Court's decision is released this summer.
    [Sources: U.S. Court of Appeals for the Ninth Circuit, FCC]

    VoIP Regulation Issues Thrown Back Into the Courts 12.22.04 - The question of how the Federal and state governments can regulate Voice over Internet Protocol (VoIP) has been handed back to the Federal judiciary. Federal courts in several parts of the country have been asked to determine how much jurisdiction can be given to the FCC over the state regulatory commissions. In November 2004, the FCC issued a Memorandum Opinion and Order [ FCC 04-267 ] declaring VoIP services to be inherently interstate in nature, prohibiting state commissions from regulating them (see November edition of Telecom/IT Policy Highlights for more details). The case had arisen out of Minnesota , where the Public Utilities Commission (PUC) had required Vonage Holdings Corp., a leading VoIP service provider, to obtain a license before it could operate in the state. Vonage filed a lawsuit in Federal court arguing that the Minnesota PUC could not regulate VoIP since it was an information service using the Internet rather than a traditional telephone network.

    Now, several states, including Minnesota , have announced they intend to petition the U.S. Court of Appeals for a review of the FCC's VoIP ruling. The court will have to determine whether the FCC was acting within its power when it determined that VoIP was exempt from state regulation. In the meantime, the FCC's ruling stands, barring legislative action from Congress, something that is not expected to occur in the near future.
    [Sources: FCC , U.S. Court of Appeals for the Eighth Circuit, Minnesota PUC]


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  • Research / Reports

    Federal Agencies Implementing E-Government Act, Says GAO Report 12.10.04 - A report by the Government Accountability Office (GAO) found that many Federal agencies have made progress in implementing the E-Government Act of 2002. The E-Government Act was enacted to promote the use of the Internet and other information technologies in government services so as to provide more opportunities for citizen participation. GAO discovered that most agencies have taken steps toward completing the goals set out by the statute, although some problems remain. Specifically, GAO noted that the Office of Management and Budget (OMB) has not developed a required repository and website of information about Federally-funded research and development or conducted a study of how information technology can enhance crisis preparedness. Additionally, the National Academy of Sciences has yet to conduct a study on disparities in Internet access for online government services, as required by the Act. Officials from OMB, the General Services Administration, and the Department of Homeland Security (DHS) made recommendations based on GAO's findings. To read a copy of the report, see [http://www.gao.gov/atext/d0512.txt].
    [Source: GAO]


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  • Items of Interest

    AT&T To Be Bought By SBC Communications 01.31.05 - San Antonio, TX-based SBC Communications Inc. has agreed to purchase AT&T for a sum of $16 billion. The merger is a reunion of sorts for SBC, which evolved from the government-ordered breakup of AT&T in 1984. SBC (through its subsidiaries) is the nation's second-largest provider of local phone service, the largest provider of DSL service, and the majority shareholder (60%) of the largest wireless company, Cingular Wireless. By acquiring AT&T, SBC hopes to combine its local broadband and wireless assets with AT&T's national and international IP-based networks and business customer base to make it the nation's top telecom firm. The deal, which must be approved by AT&T shareholders, is not expected to meet resistance from antitrust regulators due to AT&T's diminished dominance in the market. The original telecommunications monopoly has auctioned off parts of its market over the years, dissolving its wireless and cable divisions and focusing primarily on a declining long-distance market. The SBC-AT&T merger will put some pressure on regional competitors such as Verizon and BellSouth to join forces with other nationally competitive firms, with MCI being a ripe target for acquisition. For more information on the deal that will end AT&T's 128-year reign as an independent company, see [http://sbc.merger-news.com/].
    [Sources: AT&T, SBC Communications]

    Cingular Announces Expansion of Wireless Broadband Service 12.01.04 - Cingular Wireless, which became the nation's largest cellular phone carrier after its acquisition of AT&T Wireless, has announced it will deploy a third-generation (3G) wireless data network throughout the country by 2006. The service, which will use the Universal Mobile Telecommunications System ( UMTS) standard with High Speed Downlink Packet Access (HSDPA) will enable broadband Internet access, audio and video streaming, and other high-speed data services. The UTMS network will supersede the EDGE data network currently available to subscribers and should offer transmission speeds at least three to five times faster. Rivals Verizon and Sprint Nextel rely on a data platform known as EV-DO (evolution-data optimized) for their services. Cingular is building the network with spectrum acquired from AT&T Wireless, which had already rolled out trials of the service in six major metropolitan areas before the merger. Cingular hopes to expand the service to most of the country by the end of 2006. To read more about Cingular's announcement, see [http://www.prnewswire.com/cgi-bin/micro_stories.pl?ACCT=088644&TICK=CINGUL1&STORY=/www/story/11-30-2004/0002555250].
    [Source: Cingular Wireless]

    Sprint, Nextel Merge to Form Third Wireless Giant 12.15.04 - Sprint Corporation and Nextel Communications, Inc. announced a $35 billion merger that will create the nation's third largest wireless phone company with over 35 million subscribers. The merged company, which will go by the name Sprint Nextel, will have the third largest subscriber base behind Cingular (whose merger with AT&T Wireless brought it to 47 million customers) and Verizon Wireless, which has just under 43 million customers. Both Sprint and Nextel are expected to gain from the merger because the two companies have complementing strengths and weaknesses.

    With the merger, the U.S. wireless industry will be dominated by the big three firms; German firm T-Mobile will settle for fourth place with less than half the subscribers of Sprint Nextel (approximately 16 million). Other regional carriers such as U.S. Cellular (2.5 million) or Alltel (13 million), which just acquired Western Wireless, may be later acquisition targets, although the big firms should be able to grow their subscriber base without needing to acquire smaller firms. The Sprint Nextel merger should be complete by late 2005 and is not expected to encounter any problems from the Federal Communications Commission or other government agencies who must approve the deal. A joint announcement from the companies is available at [http://www.sprintnextel.mergerannouncement.com/].
    [Sources: Sprint Corp., Nextel Communications, Inc., The Wall Street Journal]

    Tsunami Warnings Could Be Sent Wirelessly 01.06.05 - In the aftermath of the tsunami that devastated South Asia , some wireless industry executives are considering a system that could send warnings to potential victims on their mobile wireless devices. San Diego-based SMS.ac, Inc., a wireless communications company that specializes in delivering text (SMS) and multimedia (MMS) messages to handheld users around the world, announced it was discussing plans with government officials in Indonesia , India , and other countries to implement a mobile emergency warning system. By sending alerts to cell phones or other handheld devices, SMS.ac says it hopes to drastically reduce deaths from natural disasters such as fires, earthquakes, or tsunamis. Chairman and CEO Michael Prousti said that a company survey of over 50,000 users indicated that approximately 87% of mobile phone users keep their devices with them and powered-on at all times. Therefore, the potential for relaying information in times of emergency is much greater than more traditional means of alerts over radios and television. A copy of the company's press release is available at [http://www.sms.ac/corporate/pr/pr_010605.aspx].

    Recently, the Federal Communications Commission has been reviewing the effectiveness of the Emergency Alert System (EAS) in an effort to establish rules that cover digital technologies. The Rehabilitation Engineering Research Center on Mobile Wireless Technologies for Persons with Disabilities (Wireless RERC) at Georgia Tech filed comments with the FCC on this matter and recommended that the Commission develop a mechanism for delivering emergency alerts via text message to mobile phone or pager users, many of whom are people with disabilities. A summary of Wireless RERC filings can be viewed at [http://www.wirelessrerc.gatech.edu/news/publications/FCC_Filing_summaries.html]. The FCC has not shown an active interest in using the telecommunications market as an alert mechanism; the Emergency Alert System originated and continues to be primarily a broadcasting issue. Officials at SMS.ac have not specifically indicated that they are interested in developing a warning system for the United States .
    [Sources: SMS.ac, Wireless RERC, FCC]

    Verizon Continues to Roll Out Wireless Broadband Network 01.31.05 - Verizon Wireless has expanded its wireless broadband service to thirty cities nationwide, with more expected in 2005. The network, which is built on the EV-DO platform, offers customers data transmission speeds of 300-500 kbps. The company has invested billions of dollars in expanding its wireless broadband service, which it hopes will give it the edge over competitors Cingular and the soon-to-be merged Sprint Nextel. Both Cingular and Sprint Nextel are planning extensive networks to be operational by 2006. Verizon is hoping that its service will become more popular with its release of its own PDA/smartphone that will enable users to surf the Internet, read email, and stream video, in addition to the traditional phone capability. For more information about Verizon's wireless broadband plans, see [http://www.verizonwireless.com].
    [Source: Verizon Wireless, The Wall Street Journal ]

    Conference Focuses on Impacting Rural Communities with Technology 04.18-19.05 - The Institute for Advanced Learning and Research (IALR) at Virginia Tech will hold its 2005 conference entitled "Impacting Rural Communities Through New Age Technologies" (IRCNAT) on April 18-19 in Danville , Virginia . The conference will focus on the economic potential of information technology in rural areas. Topics discussed will include first-mile connectivity, public vs. private provision of data networks, VoIP, cybersecurity, and e-government. Economic developers, educators, business owners, and information and communication technology professionals are all encouraged to attend. For more information, visit the conference website at [http://www.ircnat.com/].
    [Source: Institute for Advanced Learning and Research]


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  • Newsletter Info

    Center for Advanced Communications Policy
    Telecom/IT Policy Highlights Volume 5.01
    December 2004 / January 2005
    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.
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