Vol. 16

FCC Launches Spectrum Task Force

FCC Makes ERIC Responsible for Public Safety Broadband Wireless Network

NTIA Ends BTOP First Round

Tentative Agenda Announced for FCC's May Open Meeting

State Broadband Data Collection Not Federally Preempted

FCC Adopts Protections for Access to Form 477 Broadband Data for Mapping

FCC Paper Explains Proposed Costs of Nationwide Public Safety Broadband Network

FCC Paper Highlights Context for NBP Accessibility Recommendations

FCC Issues Reminder on Closed Captioning Procedures

FCC to Hold Open Workshop on Broadband Availability Gap

FCC Workshop on Expanding Disability Access with Wireless Technologies

Next NANC Meeting to be Held May 21

Upcoming Meetings

The FCC this week launched a spectrum task force designed to focus on the agency’s spectrum policies and promote intra-agency collaboration.  The new spectrum task force will push the FCC’s spectrum agenda to help ensure the nation’s spectrum is being put to its most efficient use.  The task force is also expected to have a critical role in executing the spectrum recommendations contained in the National Broadband Plan, including long-term spectrum planning and making sure sufficient spectrum is available for broadband.  Julius Knapp, Chief of the Office of Engineering Technology, and Ruth Milkman, Chief of the Wireless Telecommunications Bureau, will co-chair the cross-agency working group.  The task force will also include the chiefs of the Enforcement, International, Media, and Public Safety and Homeland Security bureaus, as well as the chief of the Office of Strategic Planning and Policy Analysis.

For additional information, please contact Tony Veach.

For additional information, please contact Bob Silverman.

The National Telecommunications and Information Administration (NTIA) announced nine broadband stimulus grants, officially bringing an end to the first round of its Broadband Technology Opportunities Program (BTOP).  The nine awards provide more than $114 million to 32 projects in 32 states, the District of Columbia, and Puerto Rico.  Altogether in the first round of BTOP, NTIA awarded $1.2 billion in grants to 82 projects aimed at expanding broadband access and adoption in 45 states and territories.  NTIA is currently reviewing second round applications with hopes of making its first round two awards this summer.  Under the Recovery Act, NTIA was allocated $4.7 billion to make grants in what were originally three funding rounds, but later changed to two.  With $1.2 billion obligated to first round projects, NTIA still has over half its funds to award in the second round of BTOP.  Notable final first round awards include:

• One Economy Corporation received a $28.5 million grant for sustainable broadband adoption programs in 31 states.
• Digital Bridge Communications receive three separate infrastructure grants totaling roughly $3.3 million to provide wireless broadband in Idaho.
• Pine Telephone Company, Inc. received a $9.5 million infrastructure grant to deliver wireless broadband service to areas of Southeastern Oklahoma, including Tribal lands.
• Critical Hub Networks, Inc. received a $25.8 million infrastructure grant to deliver broadband connections to Internet service providers and to anchor institutions in Puerto Rico.
• Buggs Island Telephone Cooperative received a $19 million infrastructure grant to provide high-speed broadband services to South Central Virginia.

For additional information, please contact Tony Veach.

The FCC Chairman’s office has announced a tentative agenda for the FCC’s next open meeting to be held on May 20, 2010.  The Commission plans to discuss expanding its coverage of mobile wireless in the 14th edition of its annual Mobile Wireless Competition Report; consider a Report and Order governing spectrum sharing in the 2.3 GHz band by mobile Wireless Communication Services and Satellite Digital Audio Radio Services; and adoption of a Notice of Proposed Rulemaking to initiate reforms to the E-Rate program that will make broadband more accessible in schools and libraries.  The Commission will also consider an Order and Further Notice of Proposed Rulemaking to implement the National Broadband Plan recommendations with respect to pole attachment rates and a Report and Order standardizing the processes for porting telephone numbers within one business day.

For additional information, please contact Howard Shapiro.

The FCC has issued a declaratory ruling to clarify that it has not preempted state-imposed broadband data collection requirements.  The ruling was issued at the request of the National Association of Regulatory Utility Commissioners which had argued that uncertainty over whether States had been federally preempted from collecting data on broadband deployment had impeded their efforts to promote broadband deployment and adoption.  In its ruling. the Commission reiterated that it has authority to preempt such requirements to the extent they are inconsistent with federal policy and that it can exercise this authority in the future should compliance with inconsistent state data collection requirements become unduly burdensome.

For additional information, please contact Howard Shapiro.

The FCC has issued an Order adopting rules implementing the Broadband Data Improvement Act (BDIA) to establish protective measures for State-designated “eligible entities” to access “aggregate” broadband data collected by the FCC from broadband service providers on FCC Form 477.  These measures are specifically intended to facilitate broadband mapping and other projects being undertaken pursuant to the BDIA to improve available data on broadband deployment and adoption.  To protect the confidentiality of the data, the Commission has established data-sharing firewalls intended to minimize the risk of public disclosure.  The Order also describes five “data sets” that the FCC will use to aggregate the accessed data. 

For additional information, please contact Bob Silverman.

The FCC has released a white paper in which it justifies the costs for the proposed nationwide public safety broadband network that was recommended in the Commission’s National Broadband Plan (NBP).   The white paper is intended to provide support for the NBP’s recommendation to reauction the 700 megahertz D block and encourage public safety roaming and priority access on commercial networks when needed.  The paper’s release coincides with the Commission’s establishment of an Emergency Response Interoperability Center (ERIC) to ensure national operability and interoperability of the 700 MHz public safety broadband wireless network, also pursuant to a NBP recommendation.

For additional information, please contact Bob Silverman.

A white paper published by the FCC highlights the context for its accessibility recommendations found in the National Broadband Plan (NBP) that was released last month.  Specifically, the paper identifies the numerous barriers to broadband usage faced by disabled people; considers gaps in current efforts to address accessibility and needs that must be met to accelerate broadband adoption by disabled people; and reviews the NBP’s recommendations for accessibility.  The NBP’s recommendations for accessibility include: (1) the creation of a Broadband Accessibility Working Group (BAWG) within the Executive Branch; (2) the establishment of an Accessibility and Innovation Forum at the FCC; and (3) the modernization of accessibility laws, rules, and related subsidy programs by the FCC, the Department of Justice and Congress.  According to the paper, there are 54.4 million Americans with disabilities, and 35 million Americans with severe disabilities. 

For additional information, please contact Bob Silverman.

For additional information, please contact Howard Shapiro.

The FCC will hold a workshop concerning America’s broadband availability gap on Thursday, May 6, 2010 at 3:00 p.m. at the FCC in Washington, DC.  Members of the National Broadband Plan (NBP) staff recently released a lengthy technical paper supporting estimates in the NBP of a $24 billion gap between the cost of deploying broadband services to the 14 million or more Americans living in unserved areas and the potential additional revenue generated from the broadband investment.  NBP staff will present an overview of the technical paper and explain the economic model that generated the cost estimate and answer questions.  The broadband availability gap presentation is part of the FCC Omnibus Broadband Initiative’s Working Reports Series and Technical Paper Series, in which FCC staff will explain research and data analysis that helped form the NBP.  The broadband availability gap is the first technical paper that has been released by FCC staff.  The workshop is open to the public and will be webcast on the FCC’s website.

For additional information, please contact Tony Veach.

The FCC will hold a workshop titled “Expanding Disability Access with Wireless Technologies” on May 13, 2010 from 10:30 a.m. to 4:00 p.m. at the FCC in Washington, DC.  The workshop is part of a continuing FCC effort to develop and implement consumer-focused policies, specifically access to communications services by people with disabilities. The workshop will focus on three main topics:  (1) mobile communications access issues facing people with disabilities and the disparities in technology access; (2) ways in which new technologies can offer opportunities to meet the communications access needs of people with disabilities; and (3) a technology demonstration of advanced mobile communications.  The FCC will release a list of the workshop panelists at a later date.

For additional information, please contact Tony Veach.

The next meeting of the North American Numbering Council (NANC) will be held on Friday, May 21, 2010 from 9:30 a.m. until 5:00 p.m. at the FCC’s headquarters in Washington, DC.  The meeting is open to members of the general public and the FCC will attempt to accommodate as many participants as possible. The public may submit written statements to the NANC, which must be received two business days before the meeting.

For additional information, please contact Bob Silverman.

The Bennet & Bennet attorneys noted below will be presenting at or attending the following industry meetings.  For more information about a particular meeting, please visit http://www.bennetlaw.com/events.php.

• OPASTCO 2010 Legislative and Regulatory Conference (May 17-19, 2010): Carri Bennet, Ken Johnson and Andy Brown

For additional information, please contact Bob Silverman.