white spaces – Page 5

Big Win For Community Wireless At FCC

Harold November 1, 2006 - 6:56 pm February 24, 2013Tales of the Sausage Factory

The FCC released its long awaited decision resolving Continental Airline’s complaint that Massport cannot order it to shut down its free wifi access for Continental customers.

While supremely important for its ultimate holding, the case contains many positive and useful determinations for unlicensed generally. It also contains two outstanding concurring statementsfrom the Democratic Commissioners. You can see Copps’ concurence here, and Adelstein’s here.

That’s also very good news. Almost a year ago, I worried that, with the departure of Michael Powell and Ed Thomas from the FCC, and the departure of Michael Gallagher from NTIA no one would champion the cause of unlicensed spectrum. But as Copps and Adelstein have shown, both in this decision and in their actions in last month’s item on the broadcast white spaces, Copps and Adelstein ‘get it’ on unlicensed spectrum and why it is so important.

Further analysis below . . .

Stevens Mark Up — Results

Harold July 4, 2006 - 9:44 pm February 24, 2013Tales of the Sausage Factory

A tie on NN, which translates as a procedural loss (Stevens, as chair, got to break the tie and reject the NN amendment) but a political win. A surprise win on Low Power FM. A surprise minor win on media ownership. No changes on Section 1004, broadcast flag, munibroadband, or white spaces.

Despite the telcos advancing the ball forward, the 11-11 vote has made it very uncertain the bill the will advance to a full floor vote. You can bet the telcos will mount a full court press during the July 4 recess, so intensifying public input remains critical to killing the bill.

Details below.

Stevens Bill Score Card Pre-Mark Up

Harold June 26, 2006 - 12:58 pm February 24, 2013Tales of the Sausage Factory

And what a mark up it will be! Senators have proposed hundreds of amendments (more than 250 at one point, but now down to something over a hundred as deals get done). Meanwhile, the Stevens Bill itself has undergone significant rewrite. You can find the final pre-mark up draft at Jim Baller’s site here. For comparison, you can read about the Democratic substitute here (and my brief summary of same here).

Below, a brief score card on some issues I singled out previously: Opening broadcast white spaces (still in, but facing a “poison pill” amendment from DeMint (R-SC)), program access (dropped by Stevens); Broadcast flag (sadly alive and well); Munibroadband (much improved, thanks in no small part to Jim Baller and the coalition of tech folks, muni orgs, and public interest folks put together by Jim Kohlenberger); and, of course, net neutrality (brought up to COPE levels, with some flavoring added to try to buy off the Christian conservatives).

Most importantly, the telcos have inserted a very nasty joker in the deck, known as “Section 1004.” This Section is designed to rig any post-legislation appeal by giving the D.C. Circuit exclusive jurisdiction over all things FCC. This would be a catastrophe not merely for network neutrality, but for media ownership and just about any other provision of law (and therefore merits a post of its own).

More details below . . . .

Much Better Senate Draft from Democrats

Harold May 26, 2006 - 1:48 am February 24, 2013Tales of the Sausage Factory

The Democrats of the Senate Commerce Committee have begun circulating this draft revision of the wretched Communications, Consumer Choice, and Broadband Deployment Act of 2006 (aka “The Stevens Bill). Not only is the Democrat draft a lot shorter (a big plus), it:

(a) Eliminates the really bad munibroadband provision in the Stevens Bill with good language similar to the McCain-Lautenberg Community Broadband Act.

(b) Eliminates the excruciatingly awful net neutrality provision in the Stevens Bill and replaces it with the good language from the Internet Freedom Preservation Act sponsored by Snowe, Dorgan, and Inouye.

Happily, the Democratic Draft also contains the good stuff from the Stevens Bill: opening up the broadcast spectrum ”white spaces” and limiting cable market power over regional sports programming. (Although the Democratic draft is not quite as strong there as in the Stevens bill. Ah well.) Sadly, the Democratic draft also contains a broadcast flag provision.

It’s still a draft, of course. But it shows how the momentum on critical issues continues to shift in the right direction now that the public has started tuning in and speaking up. Last month, the telcos and the cable cos were enjoying a victory march reminiscent of Sherman’s march to the sea. Now, the telco/cable push to get Net Neutrality eliminated by Congress is looking a lot more like Napoleon’s march on, and subsequent retreat from, Moscow.

Stay tuned . . . .

Unlicensed Under Assault, or When Staff Attack!

Harold March 16, 2006 - 3:32 pm February 24, 2013Tales of the Sausage Factory

This latest Notice of Proposed Rulemaking shows how far in the wrong direction the FCC has come on spectrum issues. Funny thing is, I don’t think FCC Chair Kevin Martin hates unlicensed or is in the pocket of the licensees. I think this is an example of WHEN STAFF ATTACK!!! (specifically the wireless bureau staff).