Policy implications of emergency response to Sept. 11 terrorist attacks are focusing increased attention on wireless proceedings that would free up additional public safety spectrum. Assn. of Public-Safety Communications Officials-International (APCO) wrote to House Telecom Subcommittee Chmn. Upton (R-Mich.) this week, urging that DTV transition in 700 MHz band be accelerated to make way for public safety services allocated in Ch. 63, 64, 68 and 69. Written in advance of DTV hearing that had been set for today and postponed (see separate story, this issue), APCO said: “The nation’s public safety agencies cannot wait until some future, unknown date when 85% of television households have access to DTV signals.” Another focus of attention is 4.9 GHz band that’s being transferred from govt. to nongovt. uses, which public safety community has expressed interest in having set aside for its use. Also under scrutiny is 138-144 MHz band, which is being studied for potential public safety applications. Spectrum capacity constraints for both public safety and commercial wireless users have come up in context of priority access system that National Communications System (NCS) is exploring. While those proceedings already have been under way in some form at federal level, source said “there’s clearly sort of a recognition after the events of Sept. 11 that the importance of these has gone up a level.”
Frustrated by reluctance of high-tech industry chiefs to testify at upcoming hearing on copy protection and digital rights management standards, Sen. Hollings (D-N.C.) has told 3 trade associations he expected them to help him obtain witnesses.
Industry, academic and consumer group interests laid out for NTIA regulatory tightrope of policy issues that face Bush Administration on broadband policy Fri., including whether unbundling obligations should be imposed on Bell companies for new investments. NTIA Dir. Nancy Victory said at opening of day-long -- and frequently spirited -- discussion that meeting was part of “ongoing efforts” to obtain more information on broadband issues as Administration moved toward policy in that area: “This is not the last chance for people to weigh in on issue.” Industry representatives sparred over how far govt. should go toward mandating cable open access and role that regulatory restrictions played in providing incentives or hurdles to more capital investments. Meeting was first major policy forum over which Victory has presided since taking over agency in late Aug.
House Commerce Committee Chmn. Tauzin (R-La.) and FCC Comr. Abernathy are keynote speakers at Dec. 13-14 Institute on Telecom Policy & Regulation at Ronald Reagan International Trade Center, Washington. Lunch speaker first day will be Charles James, head of Justice Dept. Antitrust Div. Several FCC staffers and bureau chiefs are listed participants, while debate on 1996 Telecom Act -- “a Failure or a Success” -- pits ex-House Commerce Committee staffer David Leach of Dewey Ballantine against Jeffrey Eisenach, pres. of Progress & Freedom Foundation. Institute, timed to coincide with Dec. 13 FCC chmn.’s dinner, is co-sponsored by FCBA and Practising Law Institute.
Effort to get tech-related provisions added to economic stimulus package reached Las Vegas Wed. as U.S. Internet Industry Assn. (USIIA) used ISPCon to start its call for a national broadband strategy. USIIA Pres. David McClure told us that while multipart plan urged on President Bush was constituent of long-developed strategy to keep U.S. ahead in technology, events of Sept. 11 and possible recession made many provisions relevant for stimulus package. Computing Technology Industry Assn. (CompTIA) and its affiliated Alliance for Small Business Investment in Technology (ASBIT) also released what CompTIA spokesman called high-tech “wish list” for economic stimulus package. CompTIA and ASBIT wrote members late Tues., and like USIIA focused on such issues as broadband tax credits and R&D funding. “Deployment of broadband would add $600 billion to the U.S. economy,” McClure said, benefitting all of communications, “from satellite and wireless to cable and telephony.” USIIA broadband policy contains 10 points: (1) Deploy broadband Internet in every home, business and school in America by 2010. (2) Specify that broadband services are interstate and international to exempt them from state regulations. (3) Make reliability of broadband networks equivalent to telephony networks. (4) Make permanent federal R&D tax credit. (5) “Commit to economic policies that encourage investment in new and emerging broadband technologies, including wired, fiber optic, cable, wireless and satellite technologies.” (6) Require broadband network operators to allow access and nondiscriminatory pricing for independent ISPs. (7) Issue regulations that encourage investment in broadband networks through regulatory parity and “doctrine of laissez-faire.” (8) Ensure service in underserved areas through subsidiaries and investment incentives. (9) Make sure broadband is affordable by passing permanent moratorium on Internet access charges by govt. taxing agencies. (10) Continue support for the Commerce Dept.’s Technology Opportunities Program (TOP), e-rate and other federal programs.
White House centralized coordination of infrastructure security Tues. by creating “cybersecurity czar” position that would report to National Security Advisory Condoleezza Rice and newly appointed Homeland Security Dir. Thomas Ridge (R) (former Pa. governor.) Richard Clarke, most recently National Coordinator for Security, Infrastructure Protection and Counterterrorism on National Security Council, will become Special Adviser to President for Cyberspace Security. “Our economy, our national defense, increasingly our very way of life, depends upon the secure and safe operation of critical infrastructures, that in turn depend on cyberspace,” Clarke said Tues. Office of Homeland Security created Mon. will have oversight of critical infrastructure protection. Protection of “critical public and privately owned information systems” from terrorist attack was one specific function of office outlined in order. Order also tasked office to “coordinate efforts to ensure rapid restoration of public and private critical information systems after disruption by a terrorist threat or attack.” Clarke also will be chmn. of govt.-wide board to coordinate protection of critical infrastructure systems, Ridge said. July 19 draft described board with representatives that included: Depts. of State, Defense, Commerce, Justice, Energy, Treasury, Transportation, Central Intelligence Agency, Federal Emergency Management Agency, Office of Management & Budget, Office of Science & Technology Policy, General Services Administration, Critical Infrastructure Assurance Office (CIAO) dir. (located in Commerce Dept.), vice chmn. of Chief Information Officers (CIO) council, FBI’s National Infrastructure Protection Center (NIPC) dir. FCC chmn. could appoint representative, but “such appointment shall in no way derogate from the Commission’s independence in its regulatory and administrative functions,” draft said. Sources told us there might be representative for state infrastructure protection issues, but there was no mention of that representation in July 19 draft.
Telecom networks could better withstand physical and cyberattacks if Congress and Administration instituted more stringent standards and encouraged more information sharing among networks, Qwest CEO Joseph Nacchio told Senate Governmental Affairs Committee at hearing Thurs. Nacchio, who also is vice chmn. of National Security Telecom Advisory Committee (NSTAC)composed of executives of telecom and information technology industries, recommended that NSTAC and National Security Council develop benchmarks and requirements for information security best practices in telecom industry. NSTAC provides advice to President on security and emergency preparedness.
Senate Judiciary Committee’s Constitution Subcommittee stepped up congressional review Wed. of possible constitutional implications of counterterrorism and wiretap legislation moving through both houses. Panel heard widely divergent views on ramifications of controversial Dept. Of Justice (DoJ) proposal. Supporters expressed confidence that measure, if signed into law, would withstand Supreme Court review. Critics said constitutional uncertainty from proposed revisions to wiretap law would jeopardize, rather than enhance, ability of govt. to prosecute terrorist suspects.
Deputy Defense Secy. Paul Wolfowitz raised concerns to Commerce Secy. Donald Evans about potential interference risks posed by ultra-wideband technology. In sign of broad range of feedback top military brass have received internally on UWB, Sept. 25 letter to Evans mentioned both “number of uses for this promising technology” as well as “deep concern that, unless properly controlled, proliferation of UWB devices intended to be mass-marketed to the public could cause harmful interference” to GPS. Wolfowitz letter followed similar correspondence from Transportation Secy. Norman Mineta and NASA Administrator Daniel Goldin, who expressed concerns about potential interference to GPS and asked that Commerce Dept. urge FCC to conduct further rulemaking before issuing final UWB rules. Wolfowitz stopped short of asking for further notice, but urged Evans to work with “FCC to ensure that a final decision is not made without full consideration of its implications.” He cited possibility of “aggregate interference to DoD systems and other GPS users resulting from a proliferation of UWB devices.” Wolfowitz said NTIA should conduct thorough assessment of aggregate interference impact of proposed UWB emission limits, including high data rate applications “which may exacerbate the potential impact of these devices.” (UWB developers have argued in ex parte filings at FCC that devices don’t pose aggregate interference risk). Wolfowitz told Evans: “Testing has shown that the rules proposed by the FCC would not provide adequate protection for GPS and other critical systems under all circumstances. NTIA must work closely and firmly with the FCC to ensure that appropriate technical and regulatory limitations are established and rigorously enforced.” He cited precedent-setting aspects of UWB decision, saying it appeared to be “impractical” to let UWB devices operate with or without licenses “without accepting UWB emissions at some level in at least some of the Part 15 restricted bands.” Such emissions will raise noise floor and pose risks to low-powered GPS signals, he said. He said DoD opposed “intrusion of nonlicensed device narrowband fundamental emissions into Part 15 restricted bands that are so critical to the ability of the Department to carry out its war fighting mission, as well as to the ability of GPS to support a multitude of civil worldwide uses.”
Govt. analysis of how to obtain additional spectrum for 3rd generation wireless services appears to be veering -- for now -- away from entire 1755-1850 MHz band occupied by Defense Dept. systems, several sources said. Part of what is driving renewed interest in searching more intensely for 3G spectrum elsewhere is Sept. 11 terrorist attacks that have made it easier for DoD to fend off efforts to relocate its systems, sources said. But industry observers indicated that even before attacks, momentum was building for looking at other bands, with recent FCC order removing MMDS systems from relocation consideration for 3G providing increased impetus. One govt. official said interagency talks had yielded no final decision and situation still was fluid. Agency and industry officials involved in talks have been eyeing out-of-band pairing option that would involve 1710 to around 1770 or 1780 MHz and 2110 up to 2180 MHz. Announcement by Bush Administration on revamped 3G plan is expected as early as this week, although details still are being worked out and await final approvals at top govt. levels.