5/24. Sen. John Rockefeller (D-WV), Chairman of the Senate Commerce Committee (SCC), Rep. Henry Waxman (D-CA), Chairman of the House Commerce Committee (HCC), Sen. John Kerry (D-MA), Chairman of the SCC's Subcommittee on Communications, Technology, and the Internet, and Rep. Rick Boucher (D-VA), Chairman of the HCC's Subcommittee on Communications, Technology, and the Internet, announced in releases that the HCC and SCC will start a to develop proposals to update the Communications Act. See, HCC release and SCC release.

The releases state only that these four Democratic leaders "will start a process to develop proposals to update the Communications Act. As the first step, they will invite stakeholders to participate in a series of bipartisan, issue-focused meetings beginning in June. A list of topics for discussion and details about this process will be forthcoming."

The Congress last attempted to revise the Communications Act in the 109th Congress. The full House approved HR 5252 (109th Congress), the "Communications Opportunity, Promotion, and Enhancement Act of 2006" or "COPE Act" on June 8, 2006. The vote on final approval was 321-101. See, Roll Call No. 241. The SCC marked up and approved a much different bill, in several sessions in late June of 2006. It was originally S 2686, but renumbered HR 5252.

For coverage of House efforts in 2006, see:

• stories titled "House Subcommittee Approves COPE Act", "House Subcommittee Rejects Network Neutrality Amendment", and "Amendment by Amendment Summary of Subcommittee Mark Up of COPE Act" in TLJ Daily E-Mail Alert No. 1,344, April 6, 2006.
• stories titled "House Commerce Committee Approves COPE Act" TLJ Daily E-Mail Alert No. 1,359, April 27, 2006, and "Amendment by Amendment Summary of Full Committee Mark Up of COPE Act" in TLJ Daily E-Mail Alert No. 1,360, April 28, 2006.
• story titled "Rules Committee Adopts Rule for Consideration of COPE Act" in TLJ Daily E-Mail Alert No. 1,387, June 8, 2006, and story titled "House Approves COPE Act, Without Network Neutrality Amendment" in TLJ Daily E-Mail Alert No. 1,388, June 9, 2006.

For coverage of Senate efforts in 2006, see stories titled "Senate Commerce Committee Marks Up Communications Bill" and "Mark Up of Title IX -- Network Neutrality" and related stories in TLJ Daily E-Mail Alert No. 1,404, July 5, 2006.

The last actual major revision of communications law was the Telecommunications Act of 1996.

Sen. Kay Hutchison (R-TX), the ranking Republican on the SCC, stated in a release that "Congressional action to update the Communications Act is a clear signal to Chairman Genachowski to stand down on his recently announced plans to reclassify broadband services."

"Instead of an antiquated regulatory scheme imposed by the FCC, Congress will work to develop a legal and regulatory framework appropriate for our modern communications market." Sen. Hutchison added that "Congress is stepping in to address this issue because without our intervention, the FCC's proposed regulations could stifle future investment in broadband services. I look forward to being an active participant as we move forward on crafting a bipartisan update to the Communications Act."

Walter McCormack, head of the USTelecom, stated in a release that "We applaud the Congressional leadership call for proposals to update the Communications Act, and look forward to participating in this timely and critical initiative."

Gigi Sohn, head of the Public Knowledge (PK), wrote in a release that "The world has changed considerably since 1996, and Congress should be looking at how the law should accommodate today’s technology and marketplace".

But, she added that "this appears to be the start of a long process", and urged Genachowski in the mean time to proceed with reclassifying broadband internet access service as a Title II telecommunications service.

A collection of groups, including the Consumer Federation of America (CFA), Consumers Union, Free Press (FP), Media Access Project (MAP), New America Foundation (NAF), and PK, sent letters to the Congressional leaders praising their announcement, and supporting Chairman Genachowski's effort to reclassify broadband internet access services.

They view this legislative process as the means to give the FCC the statutory authority to do what the Court of Appeals held in the Comcast case that the FCC lacks statutory authority to do.

See, stories titled "Court of Appeals Vacates FCC's Comcast Order" and "Commentary: Prospects for Legislation", related stories, in TLJ Daily E-Mail Alert No. 2,072, April 7, 2010.

See also, story titled "Analysis of Support for a Network Neutrality Mandate in the House and Senate" in TLJ Daily E-Mail Alert No. 1,532, February 5, 2007.

5/25. The Federal Communications Commission (FCC) adopted and released a Notice of Inquiry (NOI) [38 pages in PDF] in its proceeding regarding regulation of broadcast ownership.

This NOI states that "Dramatic changes in the marketplace make it highly appropriate that we take a fresh look at our current ownership rules in order to determine whether they will serve our public interest goals of competition, localism, and diversity going forward."

Media ownership rules were conceived in an age when there were few substitutes in each broadcast market for a small number of radio and television broadcasters. However, wave after wave of new technologies have enabled the creation of new media platforms and methods for distributing programming, news and other information. Broadcasters are loosing audience and advertising revenues. The FCC rules have long since become obsolete. Yet, the statutory requirement remains. (See, 47 U.S.C. § 303 note regarding broadcast ownership.) The Congress and FCC also maintain an antiquated regulatory regime for various political purposes.

This NOI emphasizes "consolidation on media markets", but also acknowledges that the "increased penetration of the Internet, and the availability of alternative sources of news, information, and entertainment online have presented the broadcast television, radio, and newspaper industries with increased competition for audiences, as well as advertising dollars".

The NOI propounds numerous questions. It begins by stating that the FCC seeks comments on "how to: (1) define the policy goals of competition, localism, and diversity; (2) determine how best to promote these goals in today’s media market; (3) analyze the relevance of our policy goals to each of the four groups of market participants we have identified; (4) measure whether particular ownership structures promote these goals; (5) determine whether any new or revised rules we could adopt would promote these goals; (6) determine when a goal has been achieved; and (7) balance the goals when they conflict with each other." (Footnote omitted.)

As with the FCC's proceeding begun by its Public Notice of January 21, 2010, this NOI seeks to involve the FCC in regulation of journalism. For example, the NOI asks "Should we consider the impact of our ownership rules on investigative journalism? If so, should the Commission consider only investigative journalism in broadcast media or across all media? If commenters believe that we should undertake such an examination in this proceeding, we invite comment on whether revising multiple ownership rules is necessary to preserve or enhance the availability of news and information and journalism, and, if so, what specific measures should be taken to promote these goals." (See, NOI at page 25.)

FCC Commissioner Michael Copps lamented the "harmful effects that media consolidation" in his statement.

Corey Wright of the Free Press stated in a release that the FCC "should hold meaningful public hearings, similar to those held by Chairman Kevin Martin, to put a spotlight on media consolidation's impact on local communities.”

FCC Commissioner Robert McDowell wrote in his statement that the FCC "has known since at least the time of its 2002 ownership review that the Internet would have a profound effect on the media landscape, yet for various reasons the agency has been unable to fully adapt its regulations to the new realities."

He added that "Burdensome rules that have remained essentially intact for more than a decade should not be allowed to continue impeding, or potentially impeding, the ability of broadcasters and newspapers to survive and thrive in the digital era."

This proceeding is titled "In the Matter of 2010 Quadrennial Regulatory Review -- Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996". This NOI is FCC 10-92 in MB Docket No. 09-182.

The NOI states that initial comments will be due within 30 days of publication of a notice in the Federal Register, and that reply comments will be due within 45 days of such publication. This notice has not yet been published.

5/20. The Federal Communications Commission (FCC) adopted a Fourteenth Report [308 pages in PDF] on the state of mobile wireless competition.

This report is 308 pages long, and is packed with all kinds of data. But, it lacks the one thing that the Congress expressly required the FCC to report -- an analysis of the "competitive market conditions with respect to commercial mobile services", including "an identification of the number of competitors in various commercial mobile services, an analysis of whether or not there is effective competition, an analysis of whether any of such competitors have a dominant share of the market for such services, and a statement of whether additional providers or classes of providers in those services would be likely to enhance competition".

The FCC could have offered a conclusion as to whether or not there is effective competition. The above quoted statutory language requires the FCC to report its conclusion. But, the FCC report contains no such conclusion.

Also, unlike the previous thirteen reports, this one goes beyond the statutory mandate to examine "all mobile wireless services, such as voice, messaging, and broadband", which this report calls the "mobile wireless ecosystem".

The relevant statute, codified at 47 U.S.C. § 332(c)(1)(C), requires the FCC to write annual reports on competition in "commercial mobile services" or CMS, which is defined in Section 332 and Section 153. The statute makes no reference to broader "ecosystems". The FCC often uses the acronym CMRS as a substitute for CMS.

The report finds that "As of the end of 2008, 90 percent of Americans had a mobile wireless device". It also finds that "Data traffic has grown significantly, due to the increased adoption of smartphones and data consumption per device."

This report also states that "Handset manufacturers have introduced a growing number of smartphones that provide mobile Internet access and other data services, and use operating systems that provide many of the functionalities of personal computers. The four nationwide providers launched about 67 new smartphones in 2008 and 2009, based upon several
different platforms (e.g., Apple iPhone, Android, BlackBerry, Palm, and Windows Mobile). The Android and iPhone platforms have been particularly successful in creating an entire ecosystem of applications and services. As of December 2009, there were over 100,000 applications on the Apple App Store, and 15,000 on the Android Market." (Parentheses in original.)

It also addresses concentration, and applies the Herfindahl-Hirschman Index (HHI). It states that "Over the past five years, concentration has increased in the provision of mobile wireless services. The two largest providers, AT&T, Inc. (AT&T) and Verizon Wireless, have 60 percent of both subscribers and revenue, and continue to gain share".

It further states that the HHI "is used to measure concentration of mobile wireless service providers. Average HHI (weighted by Economic Area (EA) population) increased in 2008 relative to prior years. Both the lowest EA HHI value and the highest EA HHI value are both higher than preceding years’ lowest and highest EA HHI values. The weighted average of the HHIs (weighted by EA population) was 2848 in 2008, an increase from 2674 in 2007. The weighted average HHI has increased by nearly 700 since we first calculated this metric in 2003." (Parentheses in original.)

It also reports that "Providers continue to invest significant capital in networks, despite the recent economic downturn."

Also, it states that the percentage of households that have do without landline phones continues to grow. "In the first half of 2009, 22.7 percent of households (or more than one out of every five), were wireless only, up from 17.5 percent in the first half of 2008, 13.6 percent in the first half of 2007, and 10.5 percent in the first half of 2006." (Parentheses in original.)

FCC Commissioners Meredith Baker and Robert McDowell praised the report, but concurred only, because it lacks any conclusion as to whether or not there is effective competition. They also both found encouraging data about competition.

Baker wrote in her statement that "I see nothing in this Report that should lead us to question the overall competitiveness and vitality of the mobile wireless industry in the U.S. Indeed, this Report cannot provide factual support for any shift in the flexible manner in which we auction, license, or regulate wireless services."

McDowell wrote that "74 percent of American consumers have access to five or more mobile wireless service providers", up from 65 percent in the 13th report. He also noted that "the percentage of the population served by three or more providers increased from 51 percent to 76 percent. Moreover, the percentage of people served by at least two mobile broadband providers increased from 73 percent to nearly 90 percent."

In contrast, both FCC Commissioners Mignon Clyburn and Michael Copps found darks sides in this report. Clyburn wrote in her statement that in rural areas "consumers do not have meaningful choices among providers".

Copps wrote that "Unfortunately this report's findings are not always encouraging. Some are downright sobering -- and worrying, too. Specifically, the Report confirms something I have been warning about for years -- that competition has been dramatically eroded and is seriously endangered by continuing consolidation and concentration in our wireless markets. One number sticks out like a sore thumb: the Herfindahl-Hirschman Index".

Steve Largent, head of the CTIA, which represents wireless service providers, stated in a release that the FCC "missed an opportunity today to truly highlight one of the few glowing examples of investment, innovation and consumer choice in the U.S. economy. While we understand that the Commission is not making any conclusion about the state of competition in the market, nor are they suggesting that the marketplace has changed to the detriment of consumers during 2008, we nonetheless are disappointed and confused as to why they’ve chosen not to make a finding of `effective competition´ for that year. The Chairman has committed to a fact based, data driven Commission. We have embraced that and placed numerous facts, in the record, about each element of the wireless ecosystem. We believe, based on the facts submitted, that a determination of effective competition in the wireless marketplace is not only inescapable, but is actually quite simple – ask any American. Whether based on HHI, the raw number of competitors in each market, investment, handset and network innovation, price or consumer choice, the U.S. wireless market is the envy of the world. That is why the lack of a finding is so troubling."

He added that "any attempt to add regulation to wireless as a result of this Report would be both misguided and harmful to consumers".

This report is FCC 10-81 in WT Docket No. 09-66.

For a comparison to previous wireless competition reports, see, the FCC's 13th report [190 pages in PDF], adopted on January 15, 2009, and released on January 16, 2009. It is FCC DA 09-54 in WT Docket No. 08-27. See also, the FCC's 12th report [192 pages in PDF], adopted on January 28, 2008, and released on February 4, 2008. It is FCC 08-28 in WT Docket No. 07-71.

5/20. The Federal Communications Commission (FCC) adopted and released a Report and Order and Second Report and Order (R&O) [155 pages in PDF] regarding mobile broadband use of 25 MHz of spectrum in the 2.3 GHz Wireless Communications Service (WCS) band.

This R&O makes available an additional 25 megahertz of spectrum for mobile broadband service. It states that "Although the current technical rules for Wireless Communications Service (WCS) in the 2.3 GHz band effectively limit terrestrial operations to fixed services, we find today that these technical rules can be changed without risking harmful interference to neighboring operations, and that these changes will enable licensees to provide mobile broadband services in 25 megahertz of the WCS band."

The R&O also adopts build out requirement for WCS licensees, and rules governing the use of terrestrial repeaters by Satellite Digital Audio Radio Service (SDARS) licensees.

This R&O implements recommendations contained in the FCC's March 15, 2010 staff report [376 pages in PDF] titled "A National Broadband Plan for Our Future".

This R&O is FCC 10-82 in WT Docket No. 07-293, IB Docket No. 95-91, GEN Docket No. 90-357, and RM-8610.

5/20. The Federal Communications Commission (FCC) adopted and released a Notice of Proposed Rulemaking (NPRM) regarding the FCC's waste, fraud and abuse plagued e-rate tax and subsidy programs.

This NPRM states that it is "the first step in increasing the availability and use of broadband by children and our communities through the E-rate program".

FCC Chairman Julius Genachowski summarized the NPRM in his statement. "First, we propose giving schools and libraries greater flexibility to choose the most cost-effective and educationally useful broadband services -- including mobile services that students can use outside the classroom. Teachers across the country -- in urban and rural areas -- have told us that the use of broadband to enable learning should not stop at the schoolyard gate. Second, we propose to simplify the E-rate application process; cut red tape by eliminating federal requirements that overlap with state or local contracting requirements; and reduce some of the limitations on residential schools that serve populations facing unique challenges. And finally, in view of persuasive recommendations from many strong supporters of the E-rate program, we propose to index the E-rate cap to keep pace with inflation."

The FCC is stretching its statutory authority, although, none of the five Commissioners objected. The language of the relevant statutory section, 47 U.S.C. § 254(h)(1)(B), reaches only services of "telecommunications carriers".

FCC Commissioner Michael Copps wrote in his statement that "The basic task is to get high speed, high capacity broadband out to these institutions".

FCC Commissioner Robert McDowell wrote in his statement that "we should always look to find ways to stem waste, fraud and abuse".

FCC Commissioner Meredith Baker wrote in her statement that "our efforts to modernize the various components of the Universal Service Fund should not result in further growth in the overall size of the Fund. It is also critical that all future changes to the program include adequate safeguards against waste, fraud and abuse."

This NPRM is FCC 10-83 in CC Docket No. 02-6 and GN Docket No. 09-51.

The FCC also adopted an NPRM at its February 18, 2010, meeting regarding expanding the schools e-rate program to cover non-educational uses. See, story titled "FCC Expands E-Rate Program to Cover Non-Educational Services" in TLJ Daily E-Mail Alert No. 2,047, February 18, 2010.

The House will meet at 10:00 AM for legislative business. It may consider HR 4213 [LOC | WW]. See, story titled "House to Take Up Tax Bill with Tech Provisions" in TLJ Daily E-Mail Alert No. 2,086, May 21, 2010. See, Rep. Hoyer's schedule for the week of May 24.

9:00 AM - 5:15 PM. The Department of Justice's (DOJ) Antitrust Division, Federal Trade Commission (FTC), and the U.S. Patent and Trademark Office (USPTO) will hold a joint public workshop on "the intersection of patent policy and competition policy and its implications for promoting innovation". See, notice. Location: USPTO, Madison Building Auditorium, 600 Dulany Street, Alexandria, VA.

? 9:00 AM - 1:00 PM. The Department of Health and Human Services' (DHHS) Office of the National Coordinator for Health Information Technology's (ONC/HIT) HIT Standards Committee will a webcast meeting. See, notice in the Federal Register, April 26, 2010, Vol. 75, No. 79, at Pages 21628-21629. The ONCHIT publishes inconsistent information about its meetings in the Federal Register and its web site.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment will hold a hearing titled "Internet Terror Recruitment and Tradecraft: How Can We Address an Evolving Tool While Protecting Free Speech?" The witnesses will be Anthony Romero (ACLU), Bruce Hoffman (Georgetown University), Brian Jenkins (Rand Corporation), John Morris (Center for Democracy and Technology), and Rita Katz (Site Intelligence Group). Location: Rooom 311, Cannon Building.

2:30 PM. The Senate Commerce Committee's (SCC) Subcommittee on Communications, Technology, and the Internet will hold a hearing titled "Innovation and Inclusion: The Americans with Disabilities Act at 20". See, SCC notice. See also, story titled "Senate Commerce Committee to Hold Hearing on ADA Like Regulation of the Internet, Software, and Consumers Electronics" in TLJ Daily E-Mail Alert No. 2,085, May 20, 2010. And see, story titled "DOJ CRD May Write Regulations to Expand the ADA to Cover the Internet and Information Technologies", and related stories, in TLJ Daily E-Mail Alert No. 2,080, April 26, 2010. Location: Room 253, Russell Building.

11:59 PM. Extended deadline to submit to the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP) responses to OSTP's Request for Information regarding commercialization of university research. See, original notice in the Federal Register, March 25, 2010, Vol. 75, No. 57, at Pages 14476-14478, and notice of extension of deadline in the Federal Register, April 26, 2010, Vol. 75, No. 79, at Page 21686.

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of May 24.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations Robert Chatigny to be a Judge of the U.S. Court of Appeals (2ndCir) and John Gibney to be a Judge of the U.S. District Court (EDVa). The SJC rarely follows its published agendas. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

10:00 AM. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "Interoperability in Public Safety Communications Equipment". The witnesses will be David Boyd (Department of Homeland Security), Dereck Orr (National Institute of Standards and Technology), Ernest Hofmeister (Motorola), and Jeffrey Johnson (International Association of Fire Chiefs). This HSC will webcast this event. Location: Room 2318, Rayburn Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Judicial Practice Committee will host a brown bag lunch titled "Citizens United and Media Companies -- What are the Practical and Political Implications of the Supreme Court's Decision for Media Companies?" The speakers will be Caleb Burns (Wiley Rein), Meredith McGehee (Campaign Legal Center), and Mark Schneider (Service Employees Int'l Union). Location: Wiley Rein, 1776 K St., NW.

2:30 PM. The Federal Trade Commission's (FTC) Bureau of Economics will host a presentation by Adair Morse (University of Chicago business school). For more information, contact Loren Smith at lsmith2 at ftc dot gov or Tammy John at tjohn at ftc dot gov. Location: FTC, ground floor Conference Center, 601 New Jersey Ave., NW.

5:00 PM. The House Appropriations Committee (HAC) will meet to mark up a FY 2010 supplemental appropriations bill. Location: Room 2359, Rayburn Building.

5:00 PM. Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-85 A 2 [156 pages in PDF] titled "PIV Card Application and Middleware Interface Test Guidelines".

The House may meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for the week of May 24.

Effective date of the Federal Communications Commission's (FCC) Order on Reconsideration [94 pages in PDF] eliminating the home roaming exclusion. The FCC adopted and released this item on April 21, 2010. It is FCC 10-59 in WT Docket No. 05-265. See also, notice in the Federal Register, April 28, 2010, Vol. 75, No. 81, Pages 22263-22276.

The House will not meet the week of May 31 - June 4, 2010. See, 2010 House calendar.

The Senate will not meet the week of May 31 - June 4, 2010. See, 2010 Senate calendar.

Memorial Day. This is a federal holiday. See, Office of Personnel Management's (OPM) web page titled "2010 Federal Holidays".

9:30 - 11:00 AM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Comcast Ruling: Now What?". See, ITIF notice. See also, April 6, 2010, opinion [36 pages in PDF] of the U.S. Court of Appeals (DCCir). And see, story titled "Court of Appeals Vacates FCC's Comcast Order", and related stories, in TLJ Daily E-Mail Alert No. 2,072. Location: ITIF, Room 610, 1101 K St., NW.

Extended deadline to comply with certain rules promulgated by the Board of Governors of the Federal Reserve System and the Department of the Treasury pursuant to the Unlawful Internet Gambling Enforcement Act (UIGEA). This deadline pertains to the rules that require non-exempt participants in designated payment systems to establish and implement written policies and procedures that are reasonably designed to identify and block or otherwise prevent or prohibit unlawful Internet gambling transactions restricted by the UIGEA. See, notice in the Federal Register, December 1, 2009, Vol. 74, No. 229, at Pages 62687-62688. The UIGEA was enacted in 2007 in the 109th Congress Title VIII of HR 4954 (109th), the "Port Security Improvement Act of 2006". It is now Public Law No. 109-347.

Deadline to submits comments to the Office of the U.S. Trade Representative (OUSTR) regarding environmental issues associated with the proposed Trans-Pacific Partnership Trade Agreement (TPP). See, notice in the Federal Register, March 25, 2010, Vol. 75, No. 57, at Pages 14479-14481.

Deadline to submit reply comments to the Federal Communications Commission (FCC) regarding the Federal State Joint Board on Separations' interim adjustment of separations allocation factors and category relationships pending comprehensive separations reform. See, Public Notice released on March 30, 2010. It is FCC 10J-1 in CC Docket No. 80-286.

Deadline to submit comments to the Department of Justice's (DOJ) Drug Enforcement Administration (DEA) regarding its Interim Final Rule with Request for Comment regarding writing prescriptions for controlled substances electronically. The DEA requests comments regarding identity proofing, access control, authentication, biometric subsystems and testing of those subsystems, internal audit trails for electronic prescription applications, and third-party auditors and certification organizations. See, notice in the Federal Register, March 31, 2010, Vol. 75, No. 61, at Pages 16235-16319.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking regarding changes to Part 90 of the FCC's rules regarding wireless technologies, devices, and services. The FCC adopted this item on March 3, 2010, and released the text [44 pages in PDF] on March 10, 2010. It is FCC 10-36 in WP Docket No. 07-100. See, notice in the Federal Register, April 14, 2010, Vol. 75, No. 71, at Pages 19340-19345.

12:00 NOON - 1:00 PM. David Kappos, head of the U.S. Patent and Trademark Office (USPTO), will give a speech titled "Unleashing Intellectual Property to Fuel Growth and Create Jobs". See, notice. The event is free and open to the public, but registration is required. Location: Center for American Progress, 10th floor, 1333 H St., NW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Further Notice of Proposed Rulemaking (FNPRM) regarding whether, how, and under what circumstances federally recognized Native American Tribes and Alaska Native Villages should receive a bidding credit in auctions for new radio stations, and whether and how the Tribal Priority adopted in the First Report and Order (First R&O) in this proceeding might be claimed by Tribes that do not possess defined tribal lands. This FNPRM is FCC 10-24 in MB Docket No. 09-52. The FCC adopted it on January 28, 2010, and released the text [58 pages in PDF] on February 3, 2010. See, notice in the Federal Register, March 4, 2010, Vol. 75, No. 42, at Pages 9856-9859.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding tank level probing radar (TLPR) devices to operate in the 77-81 GHz frequency band on an unlicensed basis under Part 15 of the FCC's rules. This NPRM is FCC 10-14 in ET Docket Nos. 10-23, 07-96, and 06-216. The FCC adopted it on January 14, 2010, and released the text [21 pages in PDF] on January 19, 2010. See, notice in the Federal Register, March 4, 2010, Vol. 75, No. 42, at Pages 9850-9856.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its second draft of IR 7628 [305 pages in PDF] titled "Smart Grid Cyber Security Strategy and Requirements". See also, notice in the Federal Register, April 13, 2010, Vol. 75, No. 70, at Pages 18819-18823.

5/20. The Federal Communications Commission (FCC) adopted and released an Order and Further Notice of Proposed Rulemaking [99 pages in PDF] regarding access to utility poles.

The order portion of this item provides that communications providers have a statutory right to use space and cost saving techniques that are consistent with pole owners' use of those techniques, and that providers have a statutory right to timely access to poles.

The NPRM portion of this item seeks comments on further proposed changes to the FCC pole attachment rules. It states that "we propose timelines to obtain pole attachments, which some evidence suggests could cut in half the time to prepare a pole for access in many cases. We also seek comment on ways to clarify rights and responsibilities in the pole attachment process, improve communications between attachers and pole owners, improve dispute resolution, and reduce the variation in pole access rates."

The FCC's statutory authority to regulate access to utility poles is codified at 47 U.S.C. § 224. It limits what the FCC might accomplish by rules. FCC Commissioner Robert McDowell noted in his statement that "Section 224(c) limits the Commission’s action on pole attachment issues to areas of the country where such access issues are not regulated by a State". State regulation covers a majority of poles.

Steve Largent, head of the CTIA, which represents wireless service providers, praised this item in a release, in which he added that "Access to spectrum and the ability to site our infrastructure are absolutely necessary to the deployment of wireless service."

Kyle McSlarrow, head of the National Cable and Telecommunications Association (NCTA), praised this item in a release, and added that "Establishing a low uniform rate will lower the cost of broadband deployment and enable more Americans to be connected to this vital service."

This Order and FNPRM is FCC 10-84 in WC Docket No. 07-245 and GN Docket No. 09-51.

5/25. The Federal Communications Commission (FCC) adopted a Report and Order (R&O) [19 pages in PDF] that once again extends the existing freeze of Part 36 category relationships and jurisdictional cost allocation factors until June 30, 2011. The FCC adopted this R&O on May 24, 2010, and released the text on May 25, 2010. It is FCC 10-89 in CC Docket No. 80-286.

5/25. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech [5 pages in PDF] in Hyderabad, India, in which he discussed the FCC's staff report [376 pages in PDF] released on March 15, 2010, titled "A National Broadband Plan for Our Future".

5/21. The Federal Communications Commission (FCC) adopted and released a Memorandum Opinion and Order (MOO) approving the transfer of 4.8 million access lines in mostly rural areas from Verizon Communications to Frontier Communications. The FCC first extracted concessions from Frontier regarding deployment of broadband internet access service. This MOO is FCC 10-87 in WC Docket No. 09-95.

5/20. The Federal Communications Commission (FCC) adopted and released a Report and Order (R&O) [43 pages in PDF] regarding local number portability. It states that it "completes the task of facilitating prompt transfers by standardizing the data to be exchanged when transferring a customer's telephone number between two wireline providers; a wireline and wireless provider; or an interconnected Voice over Internet Protocol (VoIP) provider and any other service provider". This item is FCC 10-85 in WC Docket No. 07-244 and CC Docket No. 95-116.

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