Muniwifi and the Minneapolis Bridge Disaster

While the telco/cable lobbying war to make muniwifi illegal has died out (as demonstrated by the most recent defeat for the telco/cable lobbyists in North Carolina), the debate on the actual merits of munibroadband lives on. And it’s a good debate to have. States, cities and local governments should consider their projects carefully. What works in St. Cloud, Florida or Philadelphia will not necessarily work elsewhere. And, with all the possible goals of a muni system (service to residents, service to muicipalities, public safety, digital inclusion, enhance local media, economic stimulus), it is a sound idea to have figured out your benchmarks for success in advance.

Unsurprisingly, those generally opposed to government providing services (particularly where such services are available or could be available from private companies) have spent much time and effort arguing that municipal broadband projects usually end as costly failures. These analysis generally use the standard economic criteria of a for-profit business. i.e., Does the network pay for itself over expected time?

That’s an important question, particularly if a government has made this a goal of buiding the network or if you are a private business looking at a public/private partnership. But governments often make investments in infrastructure or provide services on a residential or subscription basis for other reasons. Here in DC, for example, no one pretends that the City will directly make back the hundreds of millions of dollars spent to attract a professional baseball team. This cost gets justified on the grounds that it will revitalize the Anacostia waterfront area, serve as a source of civic pride, and offer additional benefits that justify the cost.

Which brings us to the performance of Minneapolis muniwifi network in the recent bridge collapse diaster. The presence of the network proved an enormous boon to public safety and the citizens of Minneapolis. Because the city had deployed the network for residential service, it was there when they needed it for public safety. That’s difficult to capture in a balance sheet, but there’s no doubt you’re damn glad to have it when you need it.

Of course, local governments can always build public safety muni networks. And many do. But multiple use networks (like the Minneapolis one) are a good way to fund such networks, make sure they get fully deployed, and make sure they stay upgraded and operational. A town reluctant to spend money on public safety communications (and many are) may feel better if the public safety network will also provide low-cost connectivity to poorer neighborhoods. Alternatively, a town might feel better about providing residential services at a possible financial loss if they look on the network as also providing critical infrastructure for emergencies.

At the end of the day, every local or state government looking at municipal broadband needs to do a careful evaluation and figure out what it wants and how it will pay for it. The business case is an important piece of that, especially if local governments promise their citizens the network will end up paying for itself with subscriber fees. But the tragedy in Minneapolis provides an important reminder that local governments have other measures of success besides turning a profit.

Stay tuned . . . .

Microsoft Screws Up the White Spaces; or, Why Citizens Movements Are Citizen Driven — the Latest Example

As most of you may have heard by now, the case for using the television “white spaces” for unlicensed use hit an unfortunate snag when the prototype submitted by Microsoft and the tech allies did not perform according to spec. MS and friends now claim that the FCC managed to break the prototype when they took it out of the box. Meanwhile, of course, the broadcaster are making the most of this opportunity to repeat that unlicensed use of the white spaces can never work (ignoring that the the Philips prototype worked perfectly in the lab and that New America Foundation submitted its own, independent engineering data in support of sensing technology).

I have blogged extensively about this on my Public Knowledge blog. Briefly, while an annoying political set back, it means very little from an engineering perspective. There is plenty of evidence from both the Philips proptotype, the New America Foundation data, and other relevant technologies (such as the sharing of the 5.3 GHz space with military radar) to prove the essential soundness of the concept. While important work needs to be done in terms of actually setting appropriate standards and then building devices that will perform to spec, we know it can be done — assuming Microsoft’s blunder doesn’t create enough political noise to kill or cripple the project.

Which is why I bother to blog again about it here. To underscore yet again the importance of making sure citizen’s movements are citizen driven and that we do not allow ourselves to let corporate allies do all the heavy lifting. It’s nice to have big friends like Microsoft and Google. They sure as heck open a lot of doors and can bring a lot of resources to the fight. But never, never, NEVER make the mistake of letting them handle the driving of an issue when the public interest is at stake.

And, if I may make some pointed remarks to my friends in the open software and GNU Radio movement. Some time back I linked to this excellent piece urging techies to spend more time making the mechanisms of government work and less time merely bitching about how government keeps coming up with the wrong result. Here is an excellent opportunity to step up to the plate and provide some open source prototypes (or even simply additional test data) that demonstrate proof of concept. No, this is not a simple project. It requires an investment of time and resources. But the payoff is potentially huge. I’m making a standing offer for techies who want to contribute some real science and engineering know-how to the cause of open spectrum: if you have something you want submitted, contact me and I will work with you to get it in the record (or explain to you why it is not as useful as you thought and how you can improve it). Because I can tell you from experience that the engineers at the FCC are actually very eager to get as much data as possible and to get the engineering right on this.

Because freinds, this is like anything else in our democracy. If you don’t participate, then you’re just bleeting sheep. But if you come play, you can make a difference. As Ben Franklin once said: “Democracy is two wolves and a lamb voting on what to have for dinner. Liberty is a well armed lamb protesting the vote.”

Time for us to see if we have enough well armed lambs, or if the techno-herd would rather see Microsoft do the fighting.

Stay tuned . . . . .

Liveblogging the Fun fun Fun at FCC at 700 Mhz Mtg

So here I am, watching all the motion in the backfield as the Commissioners trickle in following this morning’s delay.

For those who missed it, the meeting was scheduled to start at 10 a.m. Then got switched to 12:30 p.m. (Frankly, I didn’t mind, as I had not gotten a seat at 10 a.m. Real full house here today). When I got back at 12:30, I found Fred Campbell (chief of the wireless bureau) and some of the wireless staff already in the hearing room. A hopeful sign! Still, it has taken an additional hour to pull everyone together. Martin came in at about 1:10 or so, with the rest trickling in later. During the last half hour, I could see various high-ranking staff dealing with the last minute details from whatever change got made this morning.

We’ve now started with three witnesses to describe the need for various features of the Order. We have two public safety guys and Jason Devitt — CEO of Skydeck and supporter of both wholesale open access and device open access.

Having outside witnesses at an open Commission meeting called for the purposes of voting on an agenda item is highly unusual. Martin has done this on occassion before for very significant and potentially controversial items (the ones that come to mind are the meeting where they voted to require VOIP providers to provide 911 services, the Katrina follow up, and the 2006 cable competition inquiry (which took place in Keller, TX).

So what’s going on here? More below . . . .

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700 MHz Endgame: Wholesale Open Access Down, But Not Quite Out.

Yesterday, the House Commerce Committee held its FCC Oversight hearing. As expected, the 700 MHz auction attracted a great deal of attention. As I wrote in previous entries, this was make or break time for wholesale open access. If Commerce Committee Chair John Dingell (D-Michigan) and Telecom Subcommittee Chair Ed Markey (D-MA) voiced strong support, that might push Martin to adopt full wholesale open access in light of Google’s commitment to bid. OTOH, if the House Dems did not back wholesale, then Martin would be unlikely to budge.

Dingel and Markey did not back wholesale open access. Indeed, Dingell backed off slightly from his previous hard-line stance on even device open access (aka, “open access-lite” aka the “Martin plan”), asking for assurances that including such a condition would not hurt auction revenue or limit bidding. Markey, while enthusiastically supporting device open access and suggesting ways to improve it and make it effective, did not mention wholesale at all.

The biggest supporter of wholesale open access was Mike Doyle (D-PA), who gets a huge Sausage Factory cheer for stepping up to the challenge. You can see a clip of him asking the Commissioners where they stand on wholesale open access here. The good news is that Democratic Commissioners Michael Copps and Jonathon Adelstein remained staunch in their defense of wholesale open access as a means of encouraging competition and deployment. Intriguingly, Martin did not slam the idea, but said this was not the place to do it because he had concerns about the incentives for network build out of wholesalers. McDowell remained adamant against (as he did against even Martin’s device open access proposal), although McDowell praised the pending FCC proceeding to open the broadcast “white spaces” for unlicensed use (which I hope he remembers when the time comes). Tate did not answer Doyle’s question (no time), but elsewhere said she was keeping an “open mind” on device open access.

Republicans, with the exception of Pickering (R-Miss) slammed Martin hard for supporting even device open access. To his credit, Martin defended the idea that the auction was not about maximizing revenue but about getting the best policy. But the near-uniform opposition to any conditions on licenses by Republicans, combined with the silence of key Democrats on wholesale, puts Martin in a real bind.

So what happens now? Are there any cards left to play, rabbits to pull out of hats, or Corbemite maneuvers to run that could still save wholesale open access. Yes, but they are very long odds indeed. With the vote now scheduled for July 31, we are just after the two minute warning and down a touchdown and a field goal.

More analysis below . . . .

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700 MHz Endgame: Martin Antes. AT&T Raises. Google Calls. Does AT&T Fold or Call?

So yesterday, AT&T was extolling the virtues of the Martin plan. Among its virtues, Jim Ciconni included:

In effect, Chairman Martin’s plan faces Google and others with a “put up or shut up” opportunity. If they are serious, they will be able to bid and test their model in the marketplace against the business models of companies already enjoying widespread consumer acceptance.

Critically, Ciconni was referring to the “reserve price” feature of the Martin plan. To protect himself against the threat that even his device only open access would depress auction revenues, if the 22 MHz “C” block did not fetch at least $4.6 billion in bids, the FCC would cancel that part of the auction, split the 22 MHz int two 11 MHz blocks, and reauction without conditions. (Reserve prices are not uncommon in spectrum auctions, although as far as I know they have never been tied to a specific condition.)

So today, Google’s Eric Schmidt called Ciconni’s raise. In a letter to Chairman Martin, Schmidt committed to bidding a minimum of $4.6 for the “C” Block — but only if the Commission adopts all “four opens” that Google demanded in its letter last week and endorsed by the public interest coalition, Frontline, and a bunch of others. That means not just real device attachment and open application rules, but also real wholesale obligations at non-discriminatory prices. (You can find Google’s blog post explaining their letter here.)

The fear that Google would not bid no matter what, or that only one or two companies would bid on a license with wholesale open access conditions, has been one of the central features of the debate. Even ardent believers in real open access like Commissioner Adelstein have expressed real concerns over this. And, as I have noted previously, AT&T and its various sock puppets and Republican subsidiaries have used the threat of messing with the revenues as a major weapon against wholesale open access.

In a stroke, the Google letter changes the nature of the game. Google has now guaranteed that the feds will make their auction projections — but only if they include real open access. Meanwhile, rumors swirl that it may be AT&T, rather than Google, that sits this auction out. Suddenly, we switch from “will including wholesale open access keep out bidders and lower the revenue” to “will not including wholesale open access keep out needed bidders and drive down revenue.”

Meanwhile, the clocks ticks toward deadline. What does it mean? What happens next? And will I ever get a vacation this summer?

See below . . . .

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700 MHz Endgame: AT&T Reverses Course So Fast It Gets Whiplash

AT&T did a full reverse thrust on Martin’s proposed open access plan. According to this USA Today piece, Jim Cicconi, Senior Executive Vice President for Public Policy at AT&T, has nothing but praise for the genius of Kevin Martin and the utter perfection of his proposed 700 MHz band plan with “open access-lite”. No, seriously, that Solomon Guy was a moron compared to Kevin Martin and the clever way he has cut this spectrum baby in half. Further, to hear Cicconi sing it, he cannot imagine why anyone would think that AT&T was threatening to sue the Commission if it implemented this wonderful, perfect, glorious plan that the genius that is Kevin Martin has brought down from Heaven after spending 40 days and 40 nights reading the docket.

So, in the last two weeks, we have seen: AT&T hint that it will bid even if there is a wholesale open access condition, followed by AT&T bactracking without actually denying they would bid, followed by AT&T breathing fire and threatening lawsuits if the FCC adopts the “Google plan” of full wholesale open access. Now, a mere week later, AT&T loves the Martin plan and can’t imagine how anyone could have thought otherwise.

I hope the AT&T Deathstar has good shock absorbers, or they are going to have serious whiplash from all these radical course reversals.

But I know y’all don’t come here just to see me mock incumbents (although I like to think of that as an added service). The big question that everyone wants to know is WHAT THE HECK IS GOING ON AT AT&T? Sadly, short of sneaking some veritaserum into Jim Ciconni’s coffee, there is no way to tell for sure. But I provide some guesses, theories, and speculations on the implications for the 700 MHz Endgame below…..

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700 MHz Endgame: Has AT&T Asked Bush to Put Thumb On Scale?

Unsurprisingly, in the swirl of folks around this week’s House Commerce “iPhone” Hearing, rumors and gossip about the 700 MHz Endgame abounded. In the nasty-but-sadly-believable category comes a rumor that the Bells have asked (through a wholly owned subsidiary in the House) for the Office of Management and Budget (OMB) to do a “study” on whether any open access condition (of any definition) or other incumbent restriction (such as the spectrum caps urged by the Public Interest Spectrum Coalition) will depress auction revenue.

To those who know how these things usually work, the first question is “Why Ask OMB and not the Congressional Budget Office (CBO) or the Congressional Research Service (CRS), which usually do this sort of thing?” And to those of us who have lived through the last 6 years of an Administration that spells “research” P-R-O-P-O-G-A-N-D-A will cynically answer, “because that way the telcos can make sure they get the ‘right’ result.” Unlike CBO or CRS, which are under the control of Congress and generally take their research pretty seriously, OMB is directly under the control of the Bush administration.

Man, Telco spying for NSA is just the gift that keeps on giving. First the Bush Justice Department behaves like a nice little lap doggie and rolls over and plays dead for AT&T buying BellSouth. Then Bush tried to give the Bells retroactive immunity for what they did. Now, according to rumor, Bush will help the telcos rig the auction to keep the status quo.

Some needed background and why the oft-repeated idea that open access will automatically reduce auction revenue is a load of nonsense below . . . .

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The 700 MHz Endgame Part II: Assessing the Martin Offer and Manuevering Room for Replies

In part I, I wrote about Martin’s carefull PR blitz to frame the 700 MHz endgame. But its important to look at the substance of Martin’s draft order itself. Because, as always, Martin is damn clever, and has put stuff in there that is bloody tempting to go for the compromise. To keep this manageable, I will limit my discussion here to just assessing the rumored offer and how I think we could improve it, keeping in mind that this is just press reports and really doesn’t cover the panoply of issues. In Part III, I will provide my Field Guide for the Endgame, reminiscent of my original Impossibly Long Field Guide from April (how much things have changed in 3 months).

Assessment below . . . .

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