Because bloggers are so adowable. We can’t possibly be a threat to the status quo, right?
I like to think this LOL Cats picture sums up my attitude toward special interests.
more animals
Tales of the Sausage Factory:
Tales of the Sausage Factory:
Blogging Live From Denver: The Quest To Actually Get Into Big Tent.
Well, my usual level of organization pays off.
Due to an annoying computer crash, I failed to get my application to get into Big Tent Denver. My pass as a speaker for Common Cause only covers me for tomorrow. My alternate arrangement has run into a bit of difficulty. And, of course, such is my fame among the progressive blogger community that no one here knows who the $@! I am or why they should care.
I had hoped to take Henry Cohen up on his offer to see the wireless microphones for the convention in action. Alas, the DNC convention is locked down like a drum, and Henry — despite massive efforts — could not get me in today to see the tech operations. The DNC and RNC conventions have got to be like the superbowl for wireless microphones, so this is also rather disappointing.
So I am sitting in a delightful bookstore/coffee house down the block from Big Tent, contemplating wandering over to the main convention to see if protesters are using sophisticated technologies to outwit security –or not. I will confess that despite news stories of tight security, I was able to drive past the convention center this morning no problem.
If all else fails, I will spend a pleasant day in Denver and can catch up on some other work and various blog things.
UPDATE: Thanks to the amazing work of Katie Flemming at Common Cause Colorodo, I am now inside with a pass.
Stay tuned . . . .
Tales of the Sausage Factory:
The FCC Starts Its Wireless Microphone Investigation. Will Broadcasters Throw Broadway Under A Bus?
The FCC has just released a Notice of Proposed Rulemaking addressing the problem of wireless microphone operations in the 700 MHz Band and how it may screw up the introduction of new public safety and commercial wireless services. It basically proposes to adopt the recommendations we made to prohibit any future manufacture, sale or importation of wireless microphones that operate on the relevant 700 MHz frequencies, and prohibit operation on those bands after the DTV transition in February.
Along the way, the Commission asks for comment on our informal complaint and Petition for Rulemaking. Oh yes, and the NPRM also announced that the Enforcement Bureau has commenced an investigation into the wireless microphone manufacturers and their sales tactics.
I wish I could take all the credit for this one, but I really gotta hand it to Shure. I’m not saying that Shure’s insistence on dragging FCC engineers out to field testing so they could see first hand the blatant way in which Shure and others violate FCC rules, getting all their illegal customers to right into the FCC by the thousands and regale the FCC with tales of unauthorized use all over the country, and generally rubbing the FCC’s nose in the fact that Shure and the rest of the industry were engaged in widescale violation of the rules over and over and OVER again necessarily had anything to do with this. I will merely note that it is a happy coincidence of timing that the FCC commenced its investigation the Friday following the field testing, and immediately thereafter put our Petition out for comment attached to an item already in the works. No, it is no doubt my good looks and charm once again bending the FCC to my will.
To the extent the industry press has picked up on this, it has (surprise!) assigned credit for this to the great Google Overlords. Mind you, the same article also thinks that wireless microphones “produced little or no complaints because their signals have traditionally been programmed to avoid TV channels,” so this will tell you something about the accuracy of their analysis. (For those wondering, wireless microphones are dumb devices and the user selects the channel. It has no sensing equipment or database or any of the interference avoidance tech proposed for white space devices.)
I would also say that much as I would love to see this as a sign that the FCC supports opening up the white spaces for unlicensed use, I don’t. The NPRM is very carefully neutral on the subject, without any statements from Commissioners one way or another, and voted on circulation (meaning it is non-controversial). No, I think the Register pretty much got it right when they described this as “having sold off 700MHz to the highest bidders last year, the FCC now has a responsibility to clear the area before the new tenants move in.” The ball on white spaces, whether licensed, unlicensed, or not used at all is still very much up in the air.
Mind you, this certainly impacts the debate over the white spaces, and potentially removes a stumbling block by providing a road map on how to address the wireless microphone issue in a way that punishes spectrum scofflaws like Shure while protecting users like churches deceived by Shure’s sales tactics (and give parties an incentive to come to the table and do a deal over real interference concerns before the FCC bites their patooties off). And I think it is fair to say that we did help move the debate forward by providing the FCC with the pathway to making this possible. But I would say that all the Commissioners are still waiting for the field testing results to come in before making a final decision on the merits.
What is really critical here for the white spaces proceeding is that the broadcasters now have to make a very unpleasant choice. Do they embrace the radio pirates and forgive Shure for unleashing a million illegal transmitters all over “their” spectrum? Or do they stick to their usual guns and condemn any unauthorized use of the broadcast bands as unmitigated evil and warn that sanctioning a million new authorized users — with new General Wireless Microphone Users added every day — could utterly destroy broadcast television as we know it? Either way presents problems for broadcasters — with the added bonus of highlighting their blatant hypocrisy. Embracing the likes of Shure and unauthorized users undercuts all the hysteria broadcasters have so carefully cultivated, especially when they have always maintained that opening this spectrum to anyone new would destroy free over the air television. OTOH, siding with the FCC on enforcement against Shure and warning the FCC not to allow millions of transmitters operating at higher power and with fewer protections in the white spaces destroys their ability to use Broadway, the Grand Ole Opry, and all those megachurches as human shields.
Needless to say, the broadcasters have desperately sought to avoid saying anything on the subject and have tried to spin this to their advantage: “Gosh, moving wireless microphones off Channels 52-69 will sure make it harder to fit in all them white spaces devices,” claims David Donovan of the Association for Maximum Service Television, a trade association for TV broadcasters that has fought against any sharing of the white spaces.
The problem with this statement is that, according to the FCC, there are only 156 licensed wireless microphones authorized to operate on Channels 52-69. That’s not a heck of a lot of crowding. Unless, of course, MSTV plans to support our Petition for Rulemaking and support creation of a General Wireless Microphone Service licensed by rule and open to the general public.
Mind you I expect that MSTV, like the McCain campaign, will continue to get a free ride on this from an obsequious broadcast trade press and a tech press that cannot get past the Great Google Overlords. But they are going to have to file comments on this at some point. And I imagine that, as they come in to lobby against white spaces, the good folks at the Commission will want their opinion on this separate but related matter. I’ll certainly be interested in rading those Ex Partes.
Stay tuned . . .
Tales of the Sausage Factory:
What Does US News and World Reports Know Anyway?
They’re just STUPID! What do they know?.
USA Today has a much more intelligent article (alas, from before the ranking s were published), especially this quote:
“What made me come back? Don’t be funny,” he says. “Everybody wants to come back to a reunion. That’s what Princeton’s made up of, people coming back to reunions.”
— Malcolm Wornock, Class of ’25.
Tune every heart and every voice,
bid every care withdraw;
Let all with one accord rejoice,
in praise of Old Nassau.
In praise of Old Nassau we sing,
Hurrah! hurrah! hurrah!
Our hearts will give while we shall live,
three cheers for Old Nassau.
Harvard. Feh.
When we have a First Lady whose an alumn they’ll change their tune (and no, the fact that he went to Harvard Law does not count).
Stay tuned . . . . .
Harold Feld, Class of ’89
Go Tigers!
My Thoughts Exactly:
Oy
I just discovered that for about three months, maybe more, mail messages sent to webmaster @ $this-ahere-website and jsundman @ this-ahere-website, have been going directly into the bit recycling program. Those addresses should work now. In the very unlikely case that this pertains to you, please forgive, & if it’s still germane, resend.
My Thoughts Exactly:
A Star is Born!
My Thoughts Exactly:
The Dilettante's 2 “Green” Cents
As a producer/correspondent for the Planet
Green show the G Word, I blog on the Planet Green site. Here’s what I wrote in my most recent entry:
My Thoughts Exactly:
Credit where it's Due
With the Comcast ruling by the FCC, lots of well-earned congratulations are going ’round. Free Press is getting its props, and Larry Lessig is congratulating Kevin Martin.
But hey, we have our own local hero right here on Wetmachine.
So please join me in three cheers for Harold Feld!
Tales of the Sausage Factory:
White Spaces Update — Field Testing Can Be Soooo Educational. You Always Find Something You Don’t Expect.
As folks may recall, the primary opponents of opening the broadcast white spaces for use, the broadcasters and the wireless microphone manufacturers — notably our good friend and radio pirate Shure, Inc. (official slogan:“We get to break the law ’cause we sound so good”) — insisted that the FCC conduct field tests on the white spaces prototypes. Of course, because these are concept prototypes and not functioning devices certified to some actual standard, everyone knew this would leave lots of leeway for the broadcasters and the wireless microphone folks to declare the “tests” a “failure” regardless of the actual results. Which, of course, they did. Needless to say, Phillips (which makes one of the prototypes) said the opposite, and it all depends on whether you mean “the device functioned perfectly as if there were actually some standards for building a functioning device” or “the device proved it could detect occupied channels at whatever sensitivity the FCC decides is necessary.” The FCC engineers, wisely, made no comment and went back to their labs to analyze the actual data.
But one of the nice things about field testing is that you learn the most amazing things that you can never learn in a lab, as demonstrated by this ex parte filed by Ed Thomas for the White Spaces Coalition, the industry group that backs opening the white spaces. Apparently, in front of eye witnesses (including the FCC’s engineers), both broadcasters and unauthorized wireless microphone users in the Broadway field test operated wireless microphones on active television channels, at power levels well above what white spaces advocates propose for mobile devices. All apparently without interfering with anybody’s television reception or even — in the case of the unauthorized Broadway users — screwing up the hundreds of other illegal wireless microphones in the neighboring theaters.
A few rather important take aways here: (1) the danger of interference claims by broadcasters and Shure are utterly bogus, as the wireless microphones do not screw up either television reception or each other; (b) the broadcasters and Shure know their interference claims are bogus. If they actually cared on iota about possible interference, they would not casually operate high power wireless microphones on the same channel as active television broadcasts and as each other. Instead, they are so unconcerned about interference that they can’t even remember to pretend to care about basic interference concerns when they are conducting a field test in front of the FCC’s own engineers.
A bit more elaboration on these points below . . . .
Tales of the Sausage Factory:
The FCC Releases the Comcast Complaint Order Part I — Why This Is A Huge Win.
The FCC just released the text of the Order adopted on August 1 finding for Free Press on the Comcast Complaint and Declaratory ruling and denying Vuze’s Petition for Rulemaking. You can get the pdf here.
Larry Lessig pretty much says it all with his letter commending the FCC on its decision. For myself, I see this as another in a series of important wins, building on previous wins. Read it, particularly the footnotes, and you will find reference to the C Block openness conditions, the Adelphia Transaction Order, and every other baby step along the road that proved absolutely critical to getting us this far.
And, just as with those victories, we did not imagine for one moment that we had finished our task or that we had solved our problems. The danger to an open internet that remains a platform “as diverse as human thought” in the face of broadband providers trying to convert it into a combination shopping mall, movieplex and theme park continues. But we prevented Comcast from creating an “industry standard” around blocking or degrading peer-2-peer applications and put every ISP on notice that they will need to make real disclosure of their “network management practices” when those practices block or degrade subscriber choices. That the market would not respond on its own — at least not in a positive way — is evidenced by the fact that Comcast, despite all the negative publicity, promises to change, etc., is still targeting bittorrent. To the contrary, had we not acted, I do not doubt that other broadband ISPs would, over time, have adopted this and similar techniques, and without notifying their subscribers in any meaningful way.
We have also created another positive precedent for the day when a future FCC or Congress will adopt rules that provide the level of protection we need to maintain an open and competitive internet. This FCC opinion establishes the jurisdictional basis for any future rulemaking and, while declining to adopt rules now, explicitly states that the FCC retains the jurisdiction to create rules in the future — noting that the Carterfone network attachment rules began as an adjudication and ultimately culminated in Part 68 of the Commission’s rules. Despite a raft of theories (conspiracy or otherwise) to the contrary, this Order does not weaken our efforts to get general rules or get legislation passed. To the contrary, by recognizing that rules protecting the openness of the Internet further the important interests of the First Amendment (Par. 43 n. 203), this Order strengthens our ability to get rules or legislation in the future.
While it leaves certain critical questions — such as whether a third party can pay a broadband access provider for “premium” treatment regardless of user preferences — unresolved, it does so in a way that leaves us free to come back without any bad precedent or presumption. Copps and Adelstein can continue to press for adoption of a fifth principle on non-discrimination without fear that voting for this Order somehow put them in a box.
More below . . . .