Bluetooth had asked Globalstar to run its terrestrial low-power service (TLPS) demonstration at the FCC at 20 decibel-milliwatts (dBm), instead of the maximum 28 dBm, said Barbee Ponder, Globalstar general counsel, in an interview at the satellite week conference in Washington. “We ran at the power limit one would expect to see in an indoor environment,” he said. “We could run at 28, it just wasn’t a real-world deployment in that scenario.” The Belkin access point CableLabs used in its test is “notoriously unstable,” Ponder said. The commission didn’t request additional demos, he said. “Their questions were satisfied” after the demo, he said. Additional lab work will soon be conducted at the commission to characterize the TLPS access points, and measure its power limits and its emissions profile, he said. Globalstar plans to have more demos to show real-world deployment of TLPS, he said. CableLabs and others have criticized the testing (see 1503130015).
Conditions from Comcast's buy of control in NBCUniversal require Comcast to sell NBC content to Apple's over-the-top service, emailed Guggenheim Partners analyst Paul Gallant investors Tuesday. The conditions require NBCU to sell its programming to online video distributors at comparable rates to other programmers, and Apple already has deals with Disney and Fox, Gallant said. “Apple could use the condition to obtain NBCU programming that is comparable to whatever Apple acquired from Fox, Disney, etc.” If Apple made the transaction condition argument, the FCC likely would need to decide what is “comparable programming” and “economically comparable terms,” Gallant said. “The potential for regulatory delays might be a deterrent for Apple to pursue the regulatory enforcement angle.” The FCC OTT multichannel video programming distributor rulemaking “shows the agency is highly focused on promoting OTT competition and probably would move quickly on any Apple complaint,” he said. Comcast didn't comment.
The FTC will host a Nov. 16 workshop on privacy issues for “cross-device tracking” for advertising and marketing purposes, the agency said Tuesday in a news release. Questions the commission hopes to answer include: What are the different types of cross-device tracking, how do they work, and what are they used for; What types of information and benefits do companies gain from using these technologies; What benefits do consumers derive from the use of these technologies; What are the privacy and security risks associated with the use of these technologies; How can companies make their tracking more transparent and give consumers greater control over it; and Do current industry self-regulatory programs apply to different cross-device tracking techniques, the agency said. “More consumers are connecting with the internet in different ways, and industry has responded by coming up with additional tools to track their behavior,” said Bureau of Consumer Protection Director Jessica Rich. "It’s important to ensure that consumers’ privacy remains protected as businesses seek to target them across multiple devices.”
FCC Commissioner Jessica Rosenworcel said the FCC should make more spectrum available for Wi-Fi, in a speech Monday at the South by Southwest conference. Rosenworcel started by noting that, defying likely expectations, she wasn’t going to talk about net neutrality. “No matter where you stand, I think we can all agree that this issue does not lack attention,” she said according to prepared remarks. Instead, Rosenworcel focused on Wi-Fi and unlicensed spectrum: “We have to find more places in our airwaves for unlicensed services like Wi-Fi. We are using more Wi-Fi than ever before, and this use is only going to grow.” Rosenworcel said the FCC should pay attention as work continues on LTE-unlicensed. “The standards development process for LTE-U is ongoing, and we need to be mindful of its impact on unlicensed spectrum use,” she said. Congress also should rethink how it values spectrum, Rosenworcel said. The Congressional Budget Office assigns value to spectrum when it's licensed and sold at auction, she said: “So bills that direct the FCC to sell licensed spectrum get high grades, while legislation that creates more spectrum for Wi-Fi gets low marks. This accounting method is outdated. Because it fails to take into account the more than $140 billion in economic activity unlicensed spectrum creates each year. That economic activity can grow -- if we find a new way to put Wi-Fi on the books.” The FCC was also right to make clear that it won't tolerate blocking of Wi-Fi, she said. Marriott International was fined $600,000 by the FCC in October for blocking personal Wi-Fi networks at its Gaylord Opryland Hotel in Nashville (see 1410060066). The hotel chain announced in January it would no longer block guests from using their personal Wi-Fi devices at any of its hotels (see 1501150064). “We got a little noisy on this one in Washington,” Rosenworcel said. “That’s a victory for hotel guests and a gain for Wi-Fi connectivity. I hope it is also a lesson for other premises operators. Because blocking Wi-Fi connections while simultaneously charging high fees to connect is a bad idea.”
Frontier Communications said it continues to strongly support the Connect America Fund, saying its use of CAF Phase I funds in rural areas has connected 164,000 unserved and underserved households to broadband services. Frontier said it has invested $94 million in CAF funds in its infrastructure. The company accepted $72 million in CAF funding in 2012 and $61.3 million in 2013. “There is ample evidence that providing connectivity to rural America brings solid, lasting results,” said Frontier Executive Vice President-External Affairs Kathleen Abernathy in a Monday news release. “CAF Phase II is expected to enable even more rural Americans to connect to the Internet, and Frontier is looking forward to learning further details in the coming weeks regarding CAF Phase II support.”
In a net neutrality-related development, the FCC Friday asked for applications from additional candidates to serve on its Consumer Advisory Committee. The net neutrality order directs the CAC to formulate and submit to the FCC a net neutrality enhanced transparency rule disclosure format, accessible to persons with disabilities, by Oct. 15, the FCC said. CAC is to determine whether the format should be the same for fixed and mobile broadband, the notice said. “The Commission expects the CAC to consider ‘whether and how a standard format for mobile broadband providers will allow providers to continue to differentiate their services competitively, as well as how mobile broadband providers can effectively disclose commercial terms to consumers regarding myriad plans in a manner that is not administratively burdensome.’” The second request for members reflects the CAC's additional responsibilities, the commission said. Applications are due at the FCC April 1.
The FCC paused 180-day shot clocks for the AT&T/DirecTV and Comcast/Time Warner Cable transactions while it waits for the U.S. Court of Appeals for the D.C. Circuit to issue an opinion on a petition for review brought against the agency by a group of content companies over the release of contract information. It’s “prudent” to pause the transaction clocks because the FCC “would be advantaged” by knowing the court’s decision before the clocks run out, “which both are slated to do by the end of March,” the FCC said in a public notice Friday. The Comcast clock is stopped at Day 165 while the AT&T clock is stopped at Day 170, said the FCC transaction webpages. Though the public notice points to the court case as the rationale for stopping the clock, Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman said it’s likely the FCC also has other reasons. At least on Comcast/TWC, the transaction review team sent out information requests that have been fulfilled only recently, and they may not have been in a position to meet the deadline even without the court delay. The FCC had no comment. Comcast said it's fine with the pause. "We understand the FCC's decision to pause the informal review clock while the court continues to review a procedural matter related to the transaction,” Comcast said. “A decision is expected shortly.” The FCC “appears to be making significant progress in the review of our transaction in order to bring it to a conclusion,” Comcast said. The commission was more measured. “The clock carries with it no procedural or substantive rights or obligations but merely represents an informal benchmark,” the PN said. Oral argument was heard in the case Feb. 20 (see 1502200051), and it’s not clear when a decision in the matter could be issued, Schwartzman told us. Though the court usually tries to keep within a 120-day time limit, expedited cases such as the FCC’s are on a faster track, and could arrive much sooner, he said. The D.C. Circuit could also issue an order in one side’s favor or another and then follow it with a written opinion much later, Schwartzman said. Representatives for the content company petitioners, which include CBS, Disney and Viacom, declined to comment. AT&T expects "issues surrounding the litigation between the FCC and the programmers to be resolved quickly so the FCC can complete its review of our transaction," a company spokesman emailed. "We continue to look forward to closing our deal in the first half of the year."
The FCC's net neutrality order, released Thursday, finds that mobile should be subject to the same rules as fixed broadband. In comparison to the 2010 net neutrality order, wireless is no longer “nascent,” the agency found. The “Mobile broadband marketplace has evolved, and continues to evolve,” the FCC said. “Mobile broadband networks are faster, more broadly deployed, more widely used, and more technologically advanced than they were in 2010.” The order notes the proliferation of wireless devices designed to access the Internet, with more than 127 million devices with LTE wireless connections already in the market. Wireless carriers of the past had a “well-established record” of trying to keep applications behind a carrier-controlled "walled garden,” though that is no longer the case, the FCC said. But consumers must still be protected “from mobile commercial practices masquerading as ‘reasonable network management,’” the order states. The text attempts to counter arguments made by CTIA and wireless carriers against imposing the same rules on mobile that are imposed on fixed broadband. Though Chairman Tom Wheeler had singled out T-Mobile as a supporter of the order at the Feb. 26 meeting (see 1502260043), the order specifically notes objections the carrier had filed at the agency. “Although mobile providers generally argue that additional rules are not necessary to deter practices that would limit Internet openness, concerns related to the openness practices of mobile broadband providers have arisen,” the order said. “The confoundingly complicated and confusing 400-page net neutrality rule book the FCC released today may be a windfall for Beltway telecom lawyers and lobbyists, but for the rest of us who care about the future of our open and innovative Internet, not so much,” Mobile Future Chairman Jonathan Spalter said. PCIA President Jonathan Adelstein, a former Democratic FCC commissioner, also expressed concerns. “The wireless infrastructure industry’s biggest concern is how these voluminous rules impact capital expenditures, and the jobs, economic growth, and technological development that come with them,” Adelstein said. “Any reduction of wireless investment would hurt the U.S. in the global marketplace.”
FTC commissioners voted unanimously Thursday to reauthorize an ongoing memorandum of understanding between the agency and the Consumer Financial Protection Bureau, the commission said in a news release. The memo “outlines the working relationship between the two agencies under the terms of the Consumer Financial Protection Act,” the FTC said. Reauthorization of the memo for another three years is “designed to coordinate efforts to protect consumers and avoid duplication of federal law enforcement and regulatory efforts,” the FTC said.
NTIA and the Patent and Trademark Office will hold a meeting on online licensing for copyrighted works April 1, said a Federal Register notice set for Friday publication. The meeting will focus “specifically on how the Government can assist in facilitating the development and use of standard identifiers for all types of works of authorship, interoperability among databases and systems used to identify owners of rights and terms of use, and a possible portal for linking to such databases and to licensing platforms,” it said. The meeting will be held at the PTO office in Alexandria, Virginia.