Wednesday, May 23, 2012

August 2011

Report Urges Congress To Act On Public Safety Network

August 31, 2011 | 4:58 p.m.

A report released Wednesday detailing the unfinished recommendations from the commission that investigated the Sept. 11, 2001 terrorist attacks called on Congress to act swiftly to finally build a national broadband public safety network aimed at improving communications for emergency first responders.

In a report card on the steps the United States has taken to respond to those attacks, the Bipartisan Policy Center listed the failure to address the communications problems among the nine items that remain unfinished 10 years after the 2001 terrorist attacks.

"The inability of first responders to communicate with each other on demand was a critical failure on 9/11," reads the report, crafted with help from the co-chairmen of the federal commission that investigated the Sept. 11, 2001 attacks, former Gov. Tom Kean, R-N.J., and former Rep. Lee Hamilton, D-Ind.

"Incompatible and inadequate communications led to needless loss of life. To remedy this failure, the commission recommended legislation to provide for the expedited and increased assignment of radio spectrum for public safety purposes. To date, this recommendation continues to languish."

It said the biggest obstacle at this point is a political battle in Congress over whether to give spectrum known as the D-block to public safety officials or stick with current law, which requires that the D-block be auctioned off to commercial bidders.

"We support the immediate allocation of the D-block spectrum to public safety and the construction of a nationwide, interoperable broadband network. Because we don't know when the next attack or disaster will strike, we urge the Congress to act swiftly," the report said.

The Senate Commerce Committee approved spectrum legislation in June crafted by Chairman Jay Rockefeller, D-W.Va., and ranking member Kay Bailey Hutchison, R-Texas. It would reallocate the D-block to public safety for their broadband network and authorize funding to help build it.

Key House Republicans, however, have taken a different view. A draft bill released in July by Rep. Greg Walden, R-Ore., chairman of the Energy and Commerce Communications Subcommittee, would stick with current law when it comes to the D-block. He has argued that public safety officials already have been given adequate spectrum to build their national broadband network.

Sean Kirkendall, a policy adviser to the Public Safety Alliance and Association of Public-Safety Communications Officials - International, said Walden has not changed his stand on the issue yet. Both the alliance and the association have been lobbying Congress in favor of reallocating the D-block to public safety and have endorsed the Senate Commerce bill.

In a statement Wednesday, Rockefeller, who has been pushing to get his bill passed before the 10th anniversary of the 2001 attacks, said the Bipartisan Policy Center's report "is a wake-up call for everyone reflecting on the 10th anniversary of the 9/11 terror attacks. Implementing a national, interoperable radio system for our first responders is within our grasp."

After DOJ Lawsuit, Critics Looking To FCC To Also Oppose AT&T Deal

August 31, 2011 | 4:08 p.m.

After the Justice Department filed suit Wednesday to block AT&T's bid to buy T-Mobile USA, critics of the merger called on the Federal Communications Commission to follow by also opposing the deal.

AT&T has said it would fight the Justice Department's lawsuit but it still must deal with the FCC as well. The commission must weigh whether the proposed deal is in the public interest, which is a much higher hurdle to clear than antitrust law, said Andrew Jay Schwartzman, senior vice president and policy director for the Media Access Project, during a conference call with reporters.

Both Schwartzman and Public Knowledge Legal Director Harold Feld said Justice's move makes it much more likely that the FCC also will oppose the deal.

FCC Chairman Julius Genachowski issued a statement following the Justice announcement indicating that he also has strong concerns with the merger's potential impact on competition in the wireless market. FCC member Michael Copps echoed this concern, while Commissioner Mignon Clyburn was nore cautious."The FCC is also carefully considering the competitive issues raised by the application to ensure that the public interest is served," she said.

Feld said he believes the FCC's next likely step will be to vote to refer the matter to an administrative law judge, "which under the Communications Act is the kiss of death for these mergers. ... I think the FCC will act soon and appropriately. We look forward to seeing that happen."

Following a ruling by the administrative law judge, the FCC could then vote on whether to accept that finding, reject it or modify it, Feld said. Whichever way the FCC goes, that process can take a long time, he added.

"If anything, the fact that the Department of Justice has taken this action ... helps speed up the FCC's consideration of it," Schwartzman said. "I think we have an increased likelihood that the FCC will find there are substantial questions to justify a [administrative law judge] hearing."

Justice to AT&T: So Much for Promises

August 31, 2011 | 1:20 p.m.

AT&T had been generous with its offers -- expanding ultra-fast 4G service to the rural cellphone users the Obama administration wants to reach, keeping unionized workers on the job to appease the CWA union, even, just this morning, promising to bring 5,000 call-center jobs back from overseas.

But the Justice Department nonetheless filed suit on Wednesday to block the merger.

AT&T's $15.4 million in lobbying last year and $4.8 million in the second quarter of this year appears to have done little good. Justice said the merger would reduce competition and raise prices.

Lobbyists appear to win out either way. T-Mobile USA's lobbying costs grew from $690,000 during the first three months of this year to $1 million in the second quarter, while Sprint's doubled, from $580,000 to $1.36 million from the first to second quarter as it fought against the deal.

State Attorneys General Call for Reallocation Of Spectrum For Public Safety Network

August 30, 2011 | 5:44 p.m.

Most of the nation's state attorneys general are calling on Congress to reallocate spectrum to public safety officials for the creation of a national broadband network aimed at improving emergency communications.

In a letter to congressional leaders sent late last week, 42 state attorneys general urged lawmakers to pass legislation that would reallocate a swath of spectrum known as the D-block to public safety officials for a national broadband network. That spectrum is slated under current law to be auctioned to commercial bidders. The Senate Commerce Committee approved spectrum legislation in June that would give the D-block to public safety agencies and authorize funding to build such a network, but GOP leaders on the House Energy and Commerce Committee would prefer to see the D-block auctioned.

The Sept. 11, 2001 terrorist attacks and natural emergencies such as Hurricane Katrina in 2005 exposed deep problems with the communications systems used by police, firefighters and other emergency responders who had difficulties communicating with each other. The proposed national public safety network would eventually address those problems while also allowing first responders to use the latest technologies to improve how they respond to emergencies.

The letter from the attorneys general, organized by the National Association of Attorneys General, did not endorse any particular bill, but said that "by providing the resources to develop a reliable, rapid and comprehensive wireless communications system, the D-block designation would serve all our citizens well."

The letter added that, "We understand that Congress may take action on this important legislation prior to the 10th anniversary of the September 11 terrorist attacks. Nothing could be more appropriate than marking this solemn anniversary by making a genuine commitment to public safety communication, for this and future generations."

Senate Commerce Chairman Jay Rockefeller, D-W.Va., has been pushing for passage of his spectrum legislation before the 10th anniversary of the 2001 attacks but it appears increasingly unlikely that lawmakers will act before that date.

Still, Rockefeller and Senate Commerce ranking member Kay Bailey Hutchison, R-Texas, touted the bill in a letter Friday to the Federal Communications Commission urging the agency to do what it can to ensure the reliability of both private and public safety communications during emergencies such as last week's earthquake that struck the East Coast and jammed cellphone networks. Such problems highlight the need for police, fire and other public safety officials to have their own dedicated network so that they do not have to rely on commercial networks, which can become overloaded during emergencies, Rockefeller and Hutchison wrote.

Today's e-Reads, Updated: States Turning To The Cloud, Obstacles For Google's Page

August 30, 2011 | 2:45 p.m.

Facing budget problems, state and local governments are increasingly looking to cloud computing to help them save on information technology costs, USA Today reports.

The Wall Street Journal examines the challenges Google co-founder Larry Page has had to confront since taking over as the company's CEO earlier this year. Meanwhile, Page and Google's board are being sued by a shareholder over the company's $500 million settlement with the U.S. government for allowing for the placement of online ads by companies illegally shipping prescription drugs in the United States.

And The New York Times digs into why Google settled its drug ad case with government regulators.

CNN announced it has acquired news app maker Zite.

Did hackers help China build their new stealth aircraft? Aviation Week takes a look.

See more of today's e-Reads here.

Holder Makes Pitch For Public Safety Network

August 30, 2011 | 12:59 p.m.

Attorney General Eric Holder made another pitch Tuesday for setting aside airwaves for emergency services.

Police and fire chiefs and other public safety officials have been pushing Congress to pass a Senate Commerce bill that would reallocate a chunk of spectrum known as the D-block to public safety for their network and authorize funding to build it.

Telecommunications mostly held up during Hurricane Irene Saturday and Sunday, even if power grids didn't. But a quake last week caused wireless congestion. Holder mentioned both.

"I'm proud of the pivotal role that our nation's Department of Justice continues to play in these advancing efforts, and of the essential work we are leading to ensure an effective response to emergencies ranging from industrial accidents, to natural disasters - like the earthquake and hurricane that put East Coast responders to the test just last week - and, of course, terrorist acts," Holder said in a speech to the Technologies for Critical Incident Preparedness Conference being held just outside Washington.

"We've been able to work in partnership with the White House and the Departments of Homeland Security and Commerce to open a series of discussions concerning the public safety broadband network and the future of the D-Block," Holder said.

"So long as I am Attorney General, we will continue to advocate for meaningful, affordable access to radio spectrum when and where you need it. And - for as long as it takes - we'll continue to bring policymakers together with leaders from law enforcement, the broader public safety community, and the telecommunications industry to make sure you have access to the resources you need."

Holder has spoken often in recent months about the need to update public safety communications. He appeared at a June White House summit aimed at rallying support for the Senate Commerce spectrum bill.

Groups Urge FCC To Declare California Cellphone Stoppage Illegal

August 29, 2011 | 3:13 p.m.

Nine public interest groups asked the Federal Communications Commission on Monday to rule that San Francisco transit authorities broke federal law when they shut down cellphone service to head off protests in train stations.

The groups said based on precedent, the FCC should not wait for the outcome of its investigation to make a decision.

"The Commission must act immediately to clarify that local governments do not have blanket authority to interrupt access to [mobile phone] networks," the groups write in their 18-page petition. "Allowing local governments to interrupt access to wireless communications networks threatens the stability of the network, endangers public safety, and infringes the right of members of the public to access the phone system."

On August 11, in anticipation of ongoing protests, San Francisco's Bay Area Rapid Transit agency shut down cellphone service in some of its train stations. That elicited howls of criticism from civil liberties organizations and sparked an investigation by the FCC.

"We are reviewing the petition and are continuing our assessment to collect information about BART's actions and the important issues those actions raised," FCC spokesman Neil Grace told Tech Daily Dose.

BART said the shutdown was justified given the potential safety risks of protests on crowded train platforms.

The groups that signed the petition include: Public Knowledge; Broadband Institute of California; Center for Democracy and Technology; Center for Media Justice; Electronic Frontier Foundation; Media Access Project, Minority Media and Telecommunications Council; National Hispanic Media Coalition; and New America Foundation's Open Technology Initiative.

Twitter Expands Washington Shop With Former FCC Aide

August 29, 2011 | 1:08 p.m.

Colin Crowell, a longtime player in telecom policy in Washington, says he has accepted a position as head of global public policy at Twitter.

Crowell appropriately announced the news in a tweet on Monday morning: "Looking forward to starting @Twitter in mid-September as new Head of Global Public Policy - eager to meet all my new colleagues :) #twitter"

Crowell lands at Twitter after ending a decades-long career in government last year. He was senior counselor to FCC Chairman Julius Genachowski, advising him as the agency proposed controversial new net-neutrality rules and pushed for increased regulation of broadband firms under Title II of the Communications Act.

Before that, he was the top telecom aide for Rep. Edward Markey, D-Mass., for more than 20 years, including during 1996 update to the Communications Act. After departing the FCC last year, Crowell became an independent lobbyist, taking on such clients as the Consumer Electronics Association, Sprint Nextel, and Google.

Crowell moves to Twitter as the company becomes increasingly involved in federal policy. The social network has a stake in privacy regulations that could rein in how technology companies treat personal data. That's an issue Crowell's former boss, Markey, is particularly close to as a co-leader of the privacy caucus who frequently sends letters to tech companies about their privacy practices.

Crowell is Twitter's second hire in Washington after Adam Sharp, who plays a liaison role, reaching out to Capitol Hill and the agencies.

Study Shows AT&T Lags In Call Quality

August 26, 2011 | 3:46 p.m.

A major study of phone call quality among the four national wireless carriers and top regional carriers was not flattering for AT&T.

The study, released Thursday by J.D. Power and Associates, showed that AT&T, the second-largest carrier, did not rank first in any of six geographical regions.

AT&T ranked fourth in Northeast, North Central, and West, third in the Southeast, and second in Mid-Atlantic and North Central.

Verizon Wireless was the top national carrier in every region. U.S. Cellular beat Verizon in North Central.

AT&T would be first to tell you that its service needs improvement. That's one of its main rationale for justifying its $39 billion purchase of T-Mobile.

Stay Informed: Online and Mobile Resources For Tracking Hurricane Irene

August 26, 2011 | 12:49 p.m.

The Internet and media offer news ways to stay informed during emergencies. Listed below are just a few of the resources for staying up to date on Hurricane Irene.

You can sign up for emergency alerts for the greater D.C. area, including Northern Virginia and Maryland at Capitalert.gov.

The Federal Emergency Management Agency has many online resources for tracking or preparing for Hurricane Irene, including:

A blog tracking the latest developments in federal efforts, as well as links to download mobile apps.

The FEMA Twitter feed.

A FEMA Facebook page.

The National Hurricane Center
and the National Weather Service have the latest forecasts. Also on Twitter.

Ready America
covers tips for preparing for a hurricane, including less-obvious steps like flood insurance.

The District of Columbia has resources on a website, Facebook, and Twitter. And you can sign up for D.C. emergency text alerts here.

The state of Virginia also has emergency information on a website, Facebook, and Twitter.

And the state of Maryland has resources on a website and Twitter.

Facebook has a Disaster Relief page dedicated to emergency news, including the latest on Hurricane Irene.

CNET has a rundown of the best iPhone and iPad apps for tracking the hurricane.

Google has a website with maps and other information.

On Twitter the Weather Channel has Hurricane Central.

Local television and radio stations will also be broadcasting the latest updates from emergency officials.

FCC To Examine Wireless 911 Problems Following Quake

August 24, 2011 | 4:52 p.m.

Federal Communications Commission Chairman Julius Genachowski has asked commission staff to examine reports that some wireless calls to 9-1-1 centers could not get through because of congestion on cellphone networks after Tuesday's unusual East Coast earthquake.

"We are very concerned by incidents where emergency wireless calls to 9-1-1 after yesterday's earthquake were hampered by network congestion," FCC Public Safety & Homeland Security Bureau Chief Jamie Barnett said in a statement. "Thankfully, there have been no reports thus far about serious injuries or lives lost. Nevertheless, these are the moments when mobile phone service is needed most - and disruption puts lives at risk."

Barnett said Tuesday's events also underscored the need for continued progress on next-generation 9-1-1 services that would allow users to send text messages, photos and video to 9-1-1 centers.

The Federal Emergency Management Agency said separately Wednesday the FCC has deployed two Roll Call Spectrum Scanning teams to the FEMA regional offices in Atlanta and Boston to see which critical communications systems might have been affected by Hurricane Irene, which potentially could hit the east coast later this week.

Earthquake Gives All Sides New Ammo In Spectrum Debate

August 24, 2011 | 3:27 p.m.

A day after a rare East Coast earthquake jammed wireless networks, stakeholders on all sides of the debate over federal spectrum legislation found lessons to support their view on the issue.

Steve Largent, president of the wireless industry group CTIA, was the latest to enter the fray Wednesday, saying overwhelmed cell phone networks provide fresh evidence that wireless operators need more spectrum to meet the nation's surging demand.

CTIA favors legislation that would authorize the Federal Communications Commission to hold incentive auctions aimed at freeing more spectrum for wireless technologies. The hope is to persuade broadcasters and other spectrum holders to give up some of their spectrum in exchange for some of the proceeds.

The Senate Commerce Committee approved spectrum legislation in June that includes incentive auction authority, while a draft Republican House Energy and Commerce bill includes similar language.

"Yesterday's earthquake underscored the vital need for our industry to get more spectrum," Largent, a former GOP House member from Oklahoma, wrote in a blog post. "Yesterday, a huge number of users were trying to use the same highway at the same time, which caused the jam. With more spectrum, we'd have more lanes that would allow more users."

This view was echoed by Mobile Future coalition Chairman Jonathan Spalter, who told Tech Daily Dose Wednesday that the earthquake is another wake-up call alerting policymakers to the looming spectrum crunch facing the country.

Largent dismissed broadcasters' claims that television and radio are more reliable for communications during times of emergency such as Tuesday's earthquake.

"Despite the tremendous spike in traffic on wireless networks, millions of Americans across the country were using their wireless devices to contact their loved ones to make sure they were safe. They were sending reports through text messages, tweets or Facebook updates about the situation at their location," he wrote. "While television and radio played a role in helping to disseminate information to consumers, most Americans used their mobile devices to find out if their family and friends were safe."

The National Association of Broadcasters was quick to note Tuesday that while cell phone networks were clogged, broadcasters were able to provide viewers with information about the earthquake without disruption.

NAB, which has strong concerns with the incentive auction proposal, has been trying to make the case to policymakers that despite the rise of new technologies, there is a continued need for over-the-air television - and for broadcasters to keep the spectrum they need to provide such service.

"Policymakers debating spectrum policy ought to take note that the one reliable communications service during today's earthquake was the original wireless technology -- free and local broadcasting. It's easy to get dazzled by iPads and Smartphones, but all the spectrum in the world won't ensure reliability of the 'one-to-one' cellphone network architecture during an emergency," NAB spokesman Dennis Wharton said in a statement late Tuesday. "When there's a crisis, it's hard to replicate the reliability of the 'one-to-everyone' local radio and TV broadcast signal."

At the same time, public safety officials and their supporters on Capitol Hill also pointed to the earthquake as evidence of why policy makers should support their push for reallocating a chunk of spectrum known as the D-block for the creation of a national broadband network for public safety. They argued that in times of emergencies, first responders cannot rely on commercial networks and must have their own robust dedicated network.

The Senate Commerce spectrum bill would give them the D-block for such a network and authorize funding for building it. The GOP Energy and Commerce draft bill would maintain current law, which requires that the D-block be auctioned to commercial bidders.

Report: Facebook and Twitter To Oppose Blocking Social Media

August 24, 2011 | 2:41 p.m.

When they meet with British officials on Thursday, representatives of Facebook and Twitter are expected to push back against suggestions that the sites be shuttered during riots or protests, according to a report in The Guardian newspaper.

British Prime Minister David Cameron at one point called for suspected rioters to be banned from social media websites, but no actual action took place.

Representatives of the companies are scheduled to meet with Home Secretary Theresa May at a summit on Thursday.

While Facebook and Twitter resist government imposed blackouts, it appears the websites may not be entirely opposed to some self-censorship.

According to The Guardian, the summit will focus on how companies can help contain disorder, and a Facebook spokeswoman told the newspaper that it has "ensured any credible threats of violence are removed from Facebook ."

Recent riots in Britain were partly blamed on social media websites, which allowed protesters to organize more effectively.

Broadcasters Celebrate TV As Quake Jams Cell Phones

August 23, 2011 | 3:35 p.m.

The National Association of Broadcasters appears to be taking the advice of former White House Chief of Staff and now-Chicago Mayor Rahm Emanuel when he claimed that "you never want a serious crisis to go to waste."

NAB spokesman Dennis Wharton and other officials with the group began crowing via Twitter about how broadcasters were on the air providing information about the unusual 5.8 magnitude quake as cellphone networks jammed.

"Cell phone down post DC quake, free and local broadcasters working. Really?," Wharton tweeted, adding later: "Broadcasters as a lifeline: DC's Emergency Mgt. Assn. advises residents: 'Stay tuned to radio and TV news updates.'" NAB's Zamir Ahmed tweeted, "Wireless networks overwhelmed after VA quake but radio and TV broadcasters still on the air providing lifeline info."

(PICTURES: Damage to Washington National Cathedral)

Broadcasters have been fighting to make the case to policymakers about the importance of over-the-air television amid efforts to push broadcasters to give up some of their spectrum to meet the growing demand for wireless broadband. The NAB has been arguing that broadcasters' "one to many" model of providing news and entertainment is a much more efficient use of spectrum than the "one-to-one" model of the wireless phone industry.

Wireless providers Sprint and Verizon reported that any problems their customers were experiencing following the earthquake were due to overusage and not caused by network breakdowns.

In a statement, CTIA, the wireless industry's trade group, echoed this, saying, "Our industry's infrastructure appears to be intact, but because many wireless consumers are using the networks, we are experiencing higher than normal traffic. In these high volume instances, there can be delays. We encourage people to send text messages and emails to contact their loved ones."

Meanwhile, public safety officials and Senate Commerce Chairman Jay Rockefeller, D-W.Va., say the cell phone network congestion problems that occurred in the wake of the earthquake provided more evidence of why public safety officials need their own national broadband network. Public safety officials and some lawmakers have been pushing for passage of legislation that would reallocate spectrum and authorize funding to help build a national broadband network for public safety.

"Today's earthquake is yet one more wake-up call that first responders need a unified, dedicated communications system that is interoperable and will work in times of emergency like today when cell phone coverage is over-utilized and overwhelmed," according to a statement released late Tuesday from Rockefeller's office. "When Congress returns in September, it's critical they immediately take up consideration of Sen. Rockefeller's spectrum bill because nothing's more important than the public's safety."

This view was echoed by the Association of Public-Safety Communications Officials International, which has been lobbying along with other groups that represent emergency first responders for Rockefeller's legislation.

"The events of today once again prove how powerful the argument for dedicated spectrum is for public safety, and becomes so understandable for those today that tried to reach their loved ones by wireless devices and could not do so," the group's spokesman, Sean Kirkendall, said in a statement.

Phone Networks Clogged After Earthquake, But No Major Damage Reported

August 23, 2011 | 3:26 p.m.

Residents rushing to make calls after Tuesday's earthquake jammed phone networks, but no major physical damage to communications infrastructure was reported.

"There appears to be a mass calling event, but we have no reports of damage to our network," said Sprint spokesman John Taylor. He encouraged users to send text messages rather than call, if possible.

Verizon spokesman Ed McFadden also said his company's network became congested but seems to have dodged serious damage.

"Obviously call volume was extremely high in the initial aftermath of the quake, but networks are operational," he said.

And AT&T reported heavy call volume, but no physical damage.

On Twitter, users complained of not being able to make calls on both landline and wireless phones.

Press reports also indicated that 911 call centers were overwhelmed with calls.

The Federal Emergency Management Agency asked people to use texts or e-mails, rather than phone calls, to communicate.

"We request that members of the public use email or text messages if possible to communicate for the next few hours, except in cases of emergency, so that emergency officials can continue to receive and respond to urgent calls," an agency spokeswoman said.

Wireless Industry: Don't Require Carriers To Shut Off Stolen Phones

August 22, 2011 | 3:11 p.m.

Consumers, not wireless carriers, should be responsible for preventing mobile devices from being lost or stolen, according to CTIA-The Wireless Association.

The industry association is pushed back against Sen. Chuck Schumer's suggestion that wireless carriers should permanently deactivate stolen cellphones.

In a statement released Monday, CTIA argued that the any federal requirements would be an overreach and could possibly cause more problems than they solve.

"CTIA understands that when consumers have their mobile devices lost or stolen, it is an unfortunate situation as they often contain a lot of personal information," said CTIA President Steve Largent. "We urge Congress to not impose unnecessary regulations on the wireless industry that would cause unintended consequences."

During an event at a Manhattan AT&T store on Sunday, Schumer, a New York Democrat, called on phone companies to deactivate stolen cellphones, according to the New York Daily News.

Many companies only disable access to users' personal information, rather than the entire phone.

Sprint CEO Brags on E-Waste Efforts

August 22, 2011 | 2:15 p.m.

Sprint CEO Dan Hesse got a chance to pat himself on the back Monday on the White House blog - praising his company's efforts, with Dell and Sony, to cut what he calls E-waste. Hesse says only about 10 percent of cellphones are ever recycled.

"Sprint's Electronics Stewardship Policy sets aggressive e-waste goals, including the collection of nine phones for reuse or recycling for every 10 sold by 2017," Hesse writes on the blog.

"To date, Sprint has collected more than 25 million mobile phones-- keeping them out of landfills, helping to conserve resources, reducing greenhouse gas emissions, and preventing air and water pollution."

Today's e-Reads, Updated: Smartphone War, Cheap TouchPads

August 22, 2011 | 11:29 a.m.


The International Trade Commission will hear Microsoft's patent case against Motorola this week.

The New York Times writes up doubts about government and cloud computing.

The Washington Post chronicles the saga of the $99 HP TouchPad.

Where do hackers go to brag?

See more of today's e-Reads here.

Rep. Barton Calls for Ban on New Web Tracking Tools

August 19, 2011 | 2:50 p.m.

Rep. Joe Barton, R-Texas, called on Friday for a ban on so-called "supercookies" that allow companies to track online activity.

On Thursday The Wall Street Journal reported that some websites such as Hulu and MSN were using tools that tracked users online even after other tracking files, or "cookies," were removed.

"I find the most recent news of these so-called 'supercookies' disturbing and the fact that major websites like Hulu and MSN didn't know they were attached to their products is just plain frightening," Barton said in a statement. "Supercookies are legal, but I don't think they should be. It is just one more tool that can be used to track people or even find out their financial information."

Barton, who sits on the House Energy and Commerce Committee, released a follow-up statement saying he plans to discuss ideas for banning supercookies with the committee's Chairman Fred Upton, R-Mich., as well as Rep. Ed Markey, D-Mass., a fellow co-chairman of the Bipartisan Privacy Caucus.

Congress is considering several pieces of legislation which would restrict the ways companies can track users' activities online, as well as give consumers more tools for controlling how their information is used.

CBO Releases Score For Rogue Website Bill

August 19, 2011 | 2:21 p.m.


A Senate bill to crack down on websites that sell copyrighted and counterfeited material would cost the government $47 million over the next four years, according to a score released this week by the Congressional Budget Office.

The CBO's evaluation of PROTECT IP, or "PIPA," a bill by Senate Judiciary Chairman Patrick Leahy, D-Vt., says the costs arise from a need by the Justice Department "to hire 22 special agents and 26 support staff to execute its new investigative responsibilities" under the legislation.

After the initial phasing-in period, the bill would cost the Justice Department about $10 million per year, according to the CBO report. The bill expands the power of the Justice Department to take action against websites that illegally sell products online.

The U.S. Chamber of Commerce, a major proponent of the bill along with the recording and movie industries who say IP theft is a drain on their industries, hailed the score as a boost for the legislation because it also found, as expected, that the bill "would not affect direct spending or revenues" and "would not affect the budgets of state, local, or tribal governments."

"Given that America's IP-intensive industries employ more than 19 million Americans and generate nearly $7.7 trillion in gross output, should Congress decides to provide more resources to the Justice Department, it will be a small price to pay to save American jobs and protect American consumers," said Steve Tepp, senior director on IP issues for the chamber.

The bill passed unanimously out of committee in May, and a House version is expected when Congress returns from recess. It faces pushback from the tech industry, since companies such as Google would face new mandates to help stop IP theft. The CBO report did not estimate the expense of those new responsibilities, but cited them as an additional cost.

Sen. Ron Wyden, D-Ore., who has long sided with Internet companies in conflicts with other industries, placed a hold on the bill in May.

"By ceding control of the Internet to corporations through a private right of action, and to government agencies that do not sufficiently understand and value the Internet, PIPA represents a threat to our economic future and to our international objectives," he said in a statement at the time.

Report: Wireless Connections Open New Vehicles To Cyberattacks

August 19, 2011 | 1:25 p.m.

Digital gadgets have made new cars vulnerable to computer hackers, according to an Associated Press report.

Global positioning systems, car alarms, and other programs are increasingly connected to wireless networks, allowing hackers to sometimes unlock doors or start engines.

As more and more devices -- from cars to power plants -- become connected to the Internet or other networks, hackers pose new threats, cybersecurity experts say.

Congress and federal agencies are considering new measures to determine what constitutes "critical infrastructure," and thus subject to stricter government cybersecurity oversight.

HP To Shutter Smartphone, Tablet Computer Programs

August 18, 2011 | 4:16 p.m.

Hewlett-Packard announced Thursday that it will end its smartphone and tablet computer products, and may sell or spin off its PC division.

The move marks a dramatic reorganization for the 72-year-old electronics company, and makes the company more like rival IBM. The announcement comes just two years after HP spent $1.8 billion to acquire Palm and move into the smartphone market.

HP's PC division generate the most revenue but is its least profitable, according to the Associated Press.

PC sales across the board have declined under pressure from smartphones and tablet devices.

Group Pushes House Dems for Reversal on AT&T Merger

August 18, 2011 | 10:08 a.m.

Telecom reform group Free Press is pressuring House Democrats who have promoted
AT&T's merger with T-Mobile to "revise" their positions.

The group wrote this week to nearly 80 lawmakers who have promoted the merger and asked them to have a change of heart.

Free Press targeted House Democrats who signed the letter, led by North Carolina Rep. G.K. Butterfield, in June that urged federal regulators to take note of the benefits of AT&T's proposed merger with T-Mobile. The lawmakers touted the company's pledge to make wireless Internet service available to 97 percent of Americans if the deal is approved.

Free Press pushed those lawmakers to change their views because "several signers were misled at the time by AT&T's false claim that it needed to acquire T-Mobile to provide wireless broadband coverage for 97 percent of the country's population."

According to Free Press, AT&T could achieve the same goal by investing $3.8 billion in its network rather than purchasing T-Mobile for $39 billion.

The advocacy group cites filings AT&T sent to regulators that became public last week. The filings prompted criticism from merger opponents who claim the documents reveal that the nation can reach nearly universal wireless coverage without the AT&T merger.

"The public now has the truth: AT&T can deliver 97 percent mobile broadband coverage
without sacrificing an estimated 20,000 American jobs2 and without reducing investment in the U.S. wireless market by more than $10 billion," Free Press said.

The advocacy group asked the lawmakers to "revise" their recommendations to the Justice Department and the FCC, which are reviewing the deal.

AT&T pushed back in a statement, arguing that Free Press is "twisting words and misrepresenting facts." The company said its claims have been consistent, and that it could not expand wireless access to 97 percent of Americans without buying T-Mobile.

Presidential Candidates Gather Silicon Valley Contributions

August 17, 2011 | 4:05 p.m.

Presidential candidates are already raking in the cash from the Silicon Valley and San Francisco areas, the epicenter of the tech industry in the United States.

President Obama is by far the top recipient of campaign contributions from the region, according to numbers compiled by TechNet. Donors from Silicon Valley and San Francisco gave Obama more than $1.7 million in the first half of 2011, out of $5.4 million raised in all of California.

Republican contender Mitt Romney gathered $576,801 during the same time period. Tim Pawlenty, who abandoned his bid for the GOP nomination over the weekend, raised $202,350.

Rep. Ron Paul, R-Texas, another Republican candidate, received $82,455, while donors gave Rep. Michele Bachmann, R-Minn., $23,950.

The TechNet numbers were compiled before Texas Gov. Rick Perry jumped into the race for the Republican nomination.

Silicon Valley and San Francisco donors also contributed to other GOP candidates, including:

  • Herman Cain, $10,475
  • Newt Gingrich, $7,135
  • Gary Johnson, $4,250
  • Rick Santorum, $1,250

YouTube Town Hall an Alternative to the Real Thing

August 17, 2011 | 1:18 p.m.

If the Internet teaches us anything, it's that reaching out to the maximum number of people doesn't necessarily require the maximum amount of effort.

Sure, lawmakers could travel around promoting their messages, spending time and money to get their message to reach dozens of voters. But, why not skip the poorly air-conditioned, lightly attended, and hard-to-get-to event spaces when you can do it all from the comforts of your own office?

This is what the YouTube Town Hall offers members of Congress, and the site has already been viewed more than 1.3 million times.The setup is simple: Two lawmakers with contrasting policy views offer separate videos, and then viewers can vote on which one they support. The parties of the online speakers are not immediately identified to viewers in an effort to overcome political bias and allow the viewers to focus on the policy questions.

The results continue to roll in, but already patterns have emerged. By far, the most viewed topic is the economy, videos about which have been viewed more than 645,237 times. The next most viewed topics are energy (261,119), Afghanistan (244,739), education (90,578), and immigration (60,616).


Dingell Slams FCC on Spectrum Policy, Sides with NAB

August 16, 2011 | 5:05 p.m.

Rep. John Dingell, D-Mich., took the Federal Communications Commission to task on Tuesday for what he saw as a failure to fully answer his questions about spectrum policy.

In a letter to FCC Chairman Julius Genachowski, Dingell said he is "disturbed" that the FCC has not answered his spectrum questions "in a substantive manner."

Dingell originally wrote to Genachowski in June with a list of detailed questions about the potential impact of the agency's spectrum proposals.

In a response dated August 3, Genachowski responded to some aspects of the letter, but in Dingell's view, he was evasive on some key points.

Genachowski appeared, in Dingell's view, to skirt one question in particular about the potential structure of incentive auctions, a proposal that would offer compensation to TV broadcasters to sell off their airwaves to mobile companies. The FCC wants Congress to approve such auctions. Dingell and other members of Congress are concerned that broadcasters could be harmed by the proposal.

Genachowski said in his letter that he could not provide certain information about the proposal, and how auctions would be structured, because he is "deeply concerned that disclosure of predecisional information would potentially damage the Commission's deliberative processes" on incentive auctions.

That didn't satisfy Dingell.

"With respect to voluntary incentive auctions, it is imperative that Members of Congress know what effect they will have on the broadcast industry and their constituents' ability to receive free, over-the-air local programming," the congressman wrote.

Dingell suggested it might be necessary for members of Congress to file Freedom of Information Act requests if it wants to get real answers about the FCC.

Dingell also sided with the National Association of Broadcasters (NAB) in his letter. NAB says the FCC's proposals could harm TV stations. Genachowski's "failure" to respond more fully "leaves me no alternative but to conclude that the NAB's analysis is probably more correct than not."

An FCC official said after seeing Dingell's letter that it was "impossible" to provide a fuller answer.

"It is impossible for the FCC to answer the congressman's questions without knowing in advance which stations participate in the auction, which is not possible because the auction would be entirely voluntary," the official said by e-mail.

President Obama 'Checks in' on Foursquare

August 16, 2011 | 11:07 a.m.

Considering he can barely sneeze without generating a barrage of breaking news alerts, President Obama doesn't exactly qualify as elusive. Nevertheless, the White House has rolled out a new way for the public to stay up-to-date on the president's whereabouts, setting up the first-ever White House account on Foursquare.

According to the White House blog, the account will help the public follow Obama around the Midwest during his economic bus tour as he "checks in" across the country.

"You can follow the President on the road through Cannon Falls, Minnesota; Decorah and Peosta, Iowa; and Atkinson and Alpha, Illinois," the blog post said.

Though the development is not that significant for a White House that is already has a sizable presence on social media, it is incredibly significant for the fledgling social app.

The cable and national news coverage it is sure to garner is a publicity boon for the geolocation app, which counts about 10 million users and has yet to permeate the mainstream to the same extent as Twitter and Facebook, which have 200 million and 750 million users respectively. FourSquare already has a "follow the president" banner leading its website.

FCC Probing Wireless Blocking by San Francisco Authorities

August 15, 2011 | 4:23 p.m.

The Federal Communications Commission is investigating actions last week by the transportation authority in San Francisco which interrupted wireless service in commuter stations in an effort to foil protesters who had planned demonstrations.

FCC spokesman Neil Grace said in a statement on Monday that the agency is "continuing to collect information" about the actions by the Bay Area Rapid Transit (BART) and "and will be taking [steps] to hear from stakeholders about the important issues those actions raised."

In particular, Grace alluded to potential public safety problems that could arise when the authorities interrupted service, an action that has caused a national outcry over whether BART exceeded its authority.

The incident prompted a cyber-attack on Sunday against BART's website by so-called "hacktivist" group Anonymous, spurring on BART critics who have rallied around the hashtag #opbart on Twitter. Critics have frame the interruptions as an infringement on civil liberties.

The FCC's statement is the first indication of attention to the issue from federal regulators.

"Anytime communications services are interrupted, we seek to assess the situation," Grace said.

BART acknowledged in a statement Friday that it has purposefully interrupted wireless service at transport stations in an effort to subdue protests that disrupted have commuter service last week. The protesters were calling attention to a fatal shooting at a BART station in July allegedly involving police.

"Organizers planning to disrupt BART service on August 11, 2011 stated they would use mobile devices to coordinate their disruptive activities and communicate about the location and number of BART Police. A civil disturbance during commute times at busy downtown San Francisco stations could lead to platform overcrowding and unsafe conditions for BART customers, employees and demonstrators," BART said in a statement.

The statement also noted that cell services were not interrupted outside the stations.

Lawmakers Ask For Probe Of Wireless Medical Devices

August 15, 2011 | 3:17 p.m.

Two senior Democrats on the House Energy and Commerce Committee want the Government Accountability Office to look into whether the Federal Communications Commission is doing all it can to ensure that wireless medical devices are safe.

On Monday, Reps. Anna Eshoo, D-Calif., and Ed Markey, D-Mass., sent a letter to the GAO asking the watchdog to study the FCC's oversight of wireless medical devices.

"Innovation in broadband and wireless enabled medical devices holds significant promise for improving health and reducing the costs of healthcare for all Americans," the lawmakers wrote. "In bringing forward innovative wireless technologies and devices for healthcare, it's critical that these devices are able to operate together and with other hospital equipment, and not interfere with each other's activities and data transmissions. It's also important that such devices operate in a safe, reliable, and secure manner."

The letter cited a recent demonstration at a hacker conference in Las Vegas where a computer analyst showed how it's possible to remotely control wireless medical devices, including pace makers, intravenous pumps, and blood pressure cuffs.

CWA, Verizon Accuse Each Other of Violating Labor Laws

August 12, 2011 | 6:08 p.m.

The Communications Workers of America charged Friday that Verizon has violated federal labor laws by not bargaining in good faith during negotiations to hammer out a new labor contract between the union and the telecommunications provider. Verizon has filed similar claims against the union.

The CWA said it had filed unfair labor practice charges with the National Labor Relations Board in Baltimore and New York. About 45,000 Verizon workers, 35,000 of which belong to the CWA while the rest are members of the International Brotherhood of Electrical Workers, have been on strike since Sunday.

Verizon has called for cuts in health care benefits and other concessions that it says are necessary to stay competitive with cable companies that do not have similar contracts with their workers.

"Since the first day of negotiations, through contract expiration and even today, Verizon management has demanded the same $1 billion in concessions from its 45,000 workers," CWA Communications Director Candice Johnson said in a statement. "These demands would cost every family $20,000 a year. This is unacceptable from a company that is among the 10 wealthiest in America."

In the last day, Verizon filed its own charges against the CWA, claiming the union also is not negotiating in good faith, Verizon spokesman Edward McFadden said.

"Despite the inaccurate hyperbole on the part of the union, discussions between the two sides continue," he said.

The strike has gotten tense. While not directly fingering the CWA, Verizon says its crews have encountered more than 100 acts of sabotage in the last week against the company's network facilities -- more than 100 times what it might normally see, which have led to short service outages.


Facebook Removed Threats From Site During Riots

August 12, 2011 | 3:04 p.m.

Facebook worked to scrub its site of dangerous communications this week as fears arose that online social networks helped spread riots in Britain and as authorities appeared poised to crack down on social media to curb the the violence.

Facebook spokesman Andrew Noyes said the company has taken steps in recent days to ensure that "any credible threats of violence are removed from Facebook." The effort follows Prime Minister David Cameron's remarks to Parliament hinting at a need to crack down on Twitter and Facebook to combat the violence .

Noyes argued that Facebook has been beneficial during the riots.

"We have been pleased to see the very positive uses millions of people have been making of our service to let friends and family know they are safe and to strengthen their communities," he said in a statement.

Facebook, Twitter, and Research In Motion, the BlackBerry maker, are expected to meet with British officials to discuss how they should respond in times of emergency after Cameron remarked on how tech companies may contribute to the violence.

A Twitter spokeswoman said of the talks,"We'd be happy to listen."

Cameron's remarks caused an outcry because many observers interpreted them as a threat to shut down Facebook and Twitter.

"Everyone watching these horrific actions will be stuck by how they were organized via social media. Free flow of information can be used for good. But it can also be used for ill. And when people are using social media for violence we need to stop them," he said, according to reports.

Facebook Allows Ads To Target Specific ZIP Codes

August 11, 2011 | 1:32 p.m.

Companies as well as candidates will be able to tailor their Facebook advertising to specific ZIP codes, thanks to a new feature launched by the social network on Wednesday.

"Intentionally or not, ZIP codes have become particularly useful when detailing definable community populace attributes," noted a Facebook Developers blog post. "Most influential research on demographics, including the US Census, use zip codes as their most fine grained level of segmentation. Targeting via ZIP codes brings about location targeting functionality to 5-digit ZIP codes within the United States, specified by the United States Postal Service (USPS), and opens up another avenue for advertisers to market to their desired audience."

Social media has become increasingly valuable for companies, lawmakers, and political campaigns.

According to a recent survey from the Congressional Management Foundation, 72 percent of Capitol Hill staffers said social media helps lawmakers communicate with people they were not reaching before.

Upton, Kerry Could Boost Prospects For Spectrum In Deficit Deal

August 10, 2011 | 5:51 p.m.

Congressional leaders have named two key players in the debate over spectrum legislation to a special congressional committee charged with finding $1.5 trillion in deficit savings, raising the possibility that spectrum-related measures could be included in that package.

Senate Majority Leader Harry Reid, D-Nev., Tuesday chose Senate Commerce Communications Subcommittee Chairman John Kerry, D-Mass., as one of his three picks to sit on the committee along with Sens. Patty Murray, D-Wash., and Max Baucus, D-Mont, chairman of the Senate Finance Committee. Meanwhile, on the House side, Speaker John Boehner, R-Ohio, announced his picks on Wednesday, choosing Energy and Commerce Chairman Fred Upton, R-Mich., along with Reps. Dave Camp, R-Mich., chairman of the House Ways and Means Committee, and Jeb Hensarling, R-Texas.

Senate Minority Leader Mitch McConnell, R-Ky.,also announced on Wednesday his choices for the deficit committee, tapping Sen. Pat Toomey, R-Pa., who sits on the Commerce Committee, along with Senate Minority Whip Jon Kyl, R-Ariz., and Sen. Rob Portman, R-Ohio.

The Senate Commerce Committee approved spectrum legislation in June aimed at freeing up more spectrum for mobile broadband and building a national broadband network for public safety officials. The bill also would authorize the Federal Communications Commission to conduct spectrum auctions that could raise as much as $24.5 billion with at least $6.5 billion of that slated to go toward for deficit reduction under the measure, according to the Congressional Budget Office. Kerry supported that legislation, authored by Commerce Chairman Jay Rockefeller, D-W.Va., when it moved through the committee in June while Toomey opposed it.

In the House, Upton and Rep. Greg Walden, R-Ore., who chairs the committee's Communications and Technology Subcommittee, also have crafted a draft spectrum bill that also aims to generate revenues form spectrum auctions for deficit reduction.

The investment research firm Stifel Nicolaus said in a research note Wednesday that the presence of Kerry and Upton on the super committee increases prospects that spectrum legislation may be part of the proposals included in the deficit reduction package.

"We believe the presence of Rep. Upton and Sen. Kerry on the 12-member bipartisan, bicameral Joint Select Committee on Deficit Reductions helps ensure that spectrum proposals will be in the mix for consideration as it attempts to work out an agreement to reduce deficits by a cumulative $1.5 trillion over the next decade," the firm said.

Stifel Nicolaus added, however, that Energy and Commerce Republicans and Senate Commerce leaders differ on some key policy proposals in the spectrum legislation, most notably whether to give a chunk of spectrum known as the D-block to public safety officials for their broadband network or whether to stick with current law and auction those airwaves to commercial bidders. The Senate Commerce bill would reallocate the D-block to public safety, which CBO has said would cost $2.75 billion. The Energy and Commerce GOP draft bill would maintain current law.

Regardless of whether spectrum legislation is part of the deficit package, the firm and others say they still believe Congress is likely to move a spectrum bill in this session.

FCC May Create Standards For Emergency Text Programs

August 10, 2011 | 5:31 p.m.

Federal Communications Commission Chairman Julius Genachowski has long said he wants the public to be able to contact emergency officials by text message, and on Wednesday he announced plans to establish technical standards that could govern these programs across the country.

The agency will launch a rulemaking proceeding next month to create technical standards for wireless companies and public safety agencies who offer so-called "Next Generation 911" services, an idea that Genachowski has supported as a centerpiece of his public safety agenda.

The goal is to enable the public to contact emergency officials through their cell phones, sending texts, photos, and video. Efforts to make that possible are occurring on a piecemeal basis in communities across the country.

The FCC thinks it can speed that process along and make it safer by examining possible technical standards for wireless carriers and emergency agencies who launch these services.

Genachowski said next generation services are long overdue at a conference of the Association of Public Safety Communications Officials in Philadelphia on Wednesday.

"It's hard to imagine that airlines can send text messages if your flight is delayed, but you can't send a text message to 9-1-1 in an emergency," Genachowski said, according to prepared remarks.

"The unfortunate truth is that the capability of our emergency response communications has not kept pace with commercial innovation - has not kept pace with what ordinary people now do every day with communications devices. The shift to [Next Generation 911] can't be about if, but about when and how."

Next month's FCC proceeding will ask for input on how to make the program technically feasible on a widespread basis. For instance, the proceeding will ask how sturdy a community's broadband infrastructure must be to support the bandwidth demands of the new services.

Some communities have already set up trial programs. The Durham Emergency Communication Center in North Carolina already accepts 911 text messages from Verizon Wireless customers.

The FCC says the services could be available across the country in five to ten years.

The "next generation 911" program is a feather in Genachowski's cap on Capitol Hill, where the NG911 Caucus strongly supports the effort.

Inslee Unimpressed By AT&T's Merger Arguments

August 10, 2011 | 5:14 p.m.

Rep. Jay Inslee, D-Wash., strongly criticized AT&T's proposal to merge with T-Mobile USA on Wednesday, arguing that the company had failed to adequately answer his question about how the deal will impact jobs in his area.

He also wrote to Federal Communications Commission (FCC) Chairman Julius Genachowski, whose agency is reviewing the transaction, to request a field hearing in Washington, where T-Mobile USA is located.

Inslee said in a statement that AT&T and T-Mobil failed to address his questions about jobs when they responded to a critical letter he sent them last month.

"The answers I received did little to convince me that the merger of these two companies will benefit local jobs or provide customers with better service at affordable prices," Inslee said.

Inslee, a member of the Energy and Commerce Committee who is running for Washington governor in 2012, framed the merger within the broader context of unemployment.

"American consumers face diminishing choice and higher bills at a time of increasing profitability for the dominant wireless companies in today's marketplace. As a critical public resource, the airwaves should be used to advance the public interest and not concentrated in the hands of a few and thereby limiting choices for consumers," he said.
He called for the federal regulators to view consolidation in the wireless space "with considerable skepticism."

AT&T had responded to Inslee last month in a letter that said the merger "will be positive for job creation" since it will allow the wireless company to grow and invest.

The company says the merger will promote growth "throughout the wireless ecosystem," including in the applications, content, and technology sectors. A range of high-tech companies, including Facebook and Microsoft, have endorsed the deal.
The letter from AT&T acknowledged that the deal could impact some jobs.

"AT&T also is sensitive to the fact that there will be overlapping functions between the two companies; however, as with prior mergers, we expect any necessary force adjustments to be achieved mostly through normal attrition. And in all events, we believe there will be a net increase in jobs as a result of this transaction," the company said.

The Justice Department and FCC are expected to continue reviewing the deal into next year.

Most Adult Internet Users Use Email, Search

August 9, 2011 | 12:52 p.m.

While increasing numbers of savvy Internet users may Tweet and use Facebook, nearly all adults who go online still use e-mail and search engines, a new survey released Tuesday found.

The latest survey released by the Pew Internet and American Life Project shows that e-mail and search engines are still among the most popular activities for adults who go online with 92 percent of adult Internet users saying they use of both. The survey, conducted April 26-May 22 of 2,277 adults, found that about six in 10 adult Internet users said they use search engines or e-mail on a daily basis.

"Email and search form the core of online communication and online information gathering, respectively. And they have done so for nearly a decade, even as new platforms, broadband and mobile devices continue to reshape the way Americans use the Internet and Web," Pew said in its report on the survey. "Perhaps the most significant change over that time is that both activities have become more habitual."

FCC Stops 'Shot Clock' On Major AT&T Spectrum Buy

August 8, 2011 | 10:27 p.m.

In a setback for AT&T, the Federal Communications Commission announced Monday that it will look at the company's purchase of spectrum from Qualcomm in the context of the proposed merger with T-Mobile USA.

AT&T's proposal to buy $1.9 billion of Qualcomm spectrum, announced last year, predates the merger proposal and has been under FCC review for around 180 days, the informal time limit for such reviews.

The FCC said in a letter Monday to AT&T and Qualcomm that it has stopped its "shot clock" for the spectrum purchase and plans to examine the Qualcomm transaction side-by-side with the review of AT&T's mega-merger with T-Mobile, which could go well into next year.

In letter signed by FCC Wireless Bureau Chief Rick Kaplan, the commission raised concern about AT&T buying up airwaves all over the country.

"The commission's ongoing review has confirmed that the proposed transactions raise a number of related issues, including, but not limited to, questions regarding AT&T's aggregation of spectrum throughout the nation, particularly in overlapping areas," the letter said.

Kaplan said the reviews will proceed in a "coordinated manner," adding that they could become independent proceedings again at a later date.

Qualcomm responded to the news by urging the FCC to approve the acquisition immediately.

"The FCC should approve the pending AT&T-Qualcomm spectrum sale now because of the clear benefits to the public from the sale that stand on their own and are totally unrelated to the proposed AT&T-T-Mobile merger," Dean Brenner, vice president of government affairs for Qualcomm, said in a statement.

He argued that approval is in the public interest, noting that it will help ease the nation's "spectrum crunch."

"Approval now will also allow Qualcomm to invest in a new, spectrally efficient technology (supplemental downlink) and enable the first worldwide deployment to occur in the U.S., thereby fostering U.S. economic growth and job creation and enhancing U.S. global leadership in wireless technology," Brenner added.

The development is a win for public interest groups and some wireless companies that had lobbied the FCC to merge the reviews.

The FCC doled out another speed bump to AT&T in July when it stopped the merger shot clock and asked the company for additional data.

Update at 11:11 p.m.:
AT&T spokesman Michael Balmoris said, "We believe the Qualcomm transaction stands on its own merits. We are pleased that the Commission has rejected calls to officially consolidate the two deals and has expressly preserved the ability for the Qualcomm application to be resolved in advance of the T-Mobile application. We remain confident that the FCC will approve the license transfers as consistent with the public interest."

Sherman Becomes RIAA's Chairman and CEO

August 8, 2011 | 6:18 p.m.

The Recording Industry Association of America announced Monday that Cary Sherman will be its new chairman and CEO, effective September 1. Sherman succeeds Mitch Bainwol, who resigned his position to become CEO of the Alliance of Automobile Manufacturers.

Sherman has served as RIAA president since 2001, after joining the organization as general counsel in 1997.

The RIAA also announced that Mitch Glazier, who has spent the last 11 years in charge of the organization's government relations activities, has been appointed senior executive vice president. In this new role he will continue to lead the RIAA's activities on Capitol Hill and assume broader responsibilities as well.

Consumers Union Says T-Mobile's Direct Billing Lacks Protections

August 8, 2011 | 5:16 p.m.

Consumer advocates are warning that T-Mobile's plan to allow customers to buy digital content using their phone bills could lead to fraud and abuse.

The system, which T-Mobile announced last week, would allow people to pay for online credits, music, games and other content with their T-Mobile account, rather than credit cards.

That, says Consumers Union's Michelle Jun, is a mistake.

"Mobile payment products promise a new, convenient way to pay but consumers could end up losing money if something goes wrong with their transaction," Jun, a senior attorney for Consumers Union, said in a statement. "Consumers need to be protected in the event of a billing error or if the goods they order aren't as promised or if they become victims of fraud.

The problem, according to Jun, is that such transactions are not protected by laws, like those that cover the misuse, loss or theft of credit cards.

"If wireless carriers expect consumers to feel comfortable using mobile payment services, they need to provide at least the same level of protections that come with credit cards," she said.

T-Mobile says the service will come with "fraud controls, age-appropriate content blocking and spending limit management tools," as well as a two-step customer authentication process.

"With this new program, we're extending the hassle-free payment experience to browser-based purchases from virtually any online source and across a variety of mobile devices, delivering more purchasing power to mobile-centric consumers," said T-Mobile vice president Brad Duea, in a statement announcing the new service.

Today's e-Reads Updated: Google+ Passes Twitter, LinkedIn In U.S.

August 5, 2011 | 2:58 p.m.

Google+, the search company's social effort, has passed Twitter and LinkedIn in its share of online U.S. adults, now at 22 percent, Bloomberg reports.

A man in Las Vegas has been indicted by a federal grand jury on charges he sent more than 27 million spam Facebook messages, the Associated Press reports.

As LinkedIn posted its first earnings report after going public, TechCrunch examines how the company leverages social media for investor relations.

Gizmodo reports on the FBI's first app, perfect for moments when "your child gets snatched."

Mashable checks out "bedphones," the headphones you can wear while sleeping. http://mashable.com/2011/08/05/bedphones/

For more of today's e-reads, click here.

New White House CIO Was Obama Campaign Donor

August 5, 2011 | 11:37 a.m.

Steven VanRoekel's years of experience at Microsoft and the Federal Communications Commission make him well suited for his new job as White House chief information officer. But VanRoekel, who started his new job on Thursday, was making friends with the Obama administration even before Obama took the White House.

In 2009 VanRoekel contributed $50,000 to Obama's Inauguration celebration. Obama capped donations at $50,000 and VanRoekel gave the maximum amount, putting him among the top donors, according to the Center for Responsive Politics.

VanRoekel gave Obama's campaign $4,600 in 2008,when he was an executive at Microsoft. In 2009 and 2010 he contributed $7,300 to the Democratic National Committee while working at the FCC, according to Federal Elections Commission disclosures. And in 2006 Washington Women for Choice received $1,000 from VanRoekel.

In congressional races, VanRoekel donated $1,000 to Rep. Michele Bachman's opponent Tarryl Clark last year. He also contributed $1,750 to Rob Miller, who launched a failed challenge to South Carolina GOP Rep. Joe Wilson, in 2010.

The new White House CIO is not to be confused with Steven VanRoekel of Mankato, Minnesota, who has contributed to former Sen. Norm Coleman, R-Minn., and Randy Lee Demmer, according to FEC numbers.

The Minnesota VanRoekel is listed on his Twitter profile as CEO of the farm feed company Ridley, Inc., and director of the American Feed Industry Association.

Falcone Accuses AT&T, Verizon Of Blocking LightSquared

August 4, 2011 | 7:17 p.m.

Hedge-fund manager Phil Falcone claimed Thursday that competing wireless companies were trying to undermine his efforts to launch LightSquared, a nationwide wholesale wireless network.

In a television interview with CNBC, Falcone accused AT&T and Verizon of working with members of the global positioning systems industry to block the new wireless network.

"They are doing a lot of things behind the scenes. They are trying to stamp out innovation," said Falcone, who has invested about $3 billion in the venture.

The plan has faced increasing opposition from GPS manufacturers and users, who fear LightSquared's network would interfere with GPS units. Tests have confirmed that interference would take place and the Federal Communications Commission is now considering whether to approve LightSquared's plan.

Rep. Chabot Asks AT&T Merger Regulators To Consider The Little Guys

August 4, 2011 | 3:52 p.m.

AT&T's proposed merger with T-Mobile could have serious repercussions for regional and rural wireless carriers, Rep. Steve Chabot, R-Ohio, said in a letter to federal regulators on Thursday.

"If the merger goes through, a vast amount of the most valuable spectrum for deployment of advanced services will be controlled by one carrier," Chabot wrote in the letter, obtained by National Journal. "In addition, elimination of the alternative roaming partner for the regional and rural providers that utilize GSM technology will greatly impact the regional and rural wireless providers."

In the letter, sent to Federal Communications Commission Chairman Julius Genachowski and Attorney General Eric Holder, Chabot does not take a position on the merger but asks the agencies to carefully examine the proposed deal.

Chabot's statement contrasts with those of Sens. John Cornyn, R-Texas, and Mike Lee, R-Utah, who on Thursday praised the potential benefits of the $39 billion merger. House Judiciary Chairman Lamar Smith, R-Texas, also recently came out in support of the merger.

To Chabot, a member of the House Judiciary Subcommittee on Intellectual Property, Competition, and the Internet, rural and regional carriers are a particular concern.

"These smaller carriers currently provide important competitive choice to consumers across the country," he wrote. "In order to ensure consumers still have viable options, it is especially important to examine the impact of this proposed merger on regional and rural wireless service providers' opportunities to secure the vital inputs including spectrum, roaming and handsets, necessary for their operation."

Critics of the merger have disputed AT&T's claim that smaller carriers pose significant competition to the wireless giant.

DoJ Aide To Succeed Varney In Antitrust Role

August 4, 2011 | 3:11 p.m.

Sharis Pozen will temporarily succeed Christine Varney, the Assistant Attorney General for the Justice Department's Antitrust Division, when Varney steps down this month, the department confirmed on Thursday.

Pozen is currently chief of staff in the department and has been a key adviser to Varney. Industry sources speculate that not much will change in the review of the AT&T merger with T-Mobile when Pozen takes over. Varney said when she announced her departure last month that she doubted it would affect the review.

Pozen takes the role on an "acting" basis. The Obama administration will then have to nominate Varney's official replacement, subject to Senate confirmation.

Prior to joining the Justice Department, Pozen was a partner at a law firm now known as Hogan Lovells. She has also worked at the Federal Trade Commission, including in a role reporting to Varney, then a commissioner.

Varney is joining New York law firm Cravath, Swaine & Moore.

GOP Senators See Benefits In AT&T Merger, Cite Limited Role Of Congress

August 4, 2011 | 11:33 a.m.

Two influential GOP senators wrote to federal regulators on Wednesday arguing that AT&T's proposed merger with T-Mobile "may prove to be a positive step on the path to world-class wireless broadband throughout the United States."

Senate Antitrust Ranking Member Mike Lee, R-Utah, and Sen. John Cornyn, R-Texas, appear to be taking on Senate Antitrust Chairman Herb Kohl, D-Wis., who called on authorities to block the merger last month.

Lee has made similar commentsbefore.

The GOP senators urged regulators to thoroughly review the transaction, while suggesting it is not the role of Congress to say whether the merger should be blocked or approved.

"Unlike some of our colleagues, who have specifically called for your agencies to block the merger...we urge you to evaluate all evidence in deciding whether proposed transaction" is legal, the GOP senators said.

The senators say benefits of the merger could include "enhanced service quality, expanded network capacity, and increased data speeds--particularly given the companies' roughly compatible networks, complementary spectrum holdings, and well-matched cell site grids."

Critics are concerned that prices will rise and competition will take a hit if the $39 billion deal is allowed to move forward. Reviews at the Federal Communications Commission and the Justice Department are expected to extend into next year.

Congress plays a key role in leading the public debate around a merger but ultimately has no power to decide whether it is approved.

So far, around 80 Democratic House members and a handful of Republicans have written to regulators extolling the benefits of the merger, with a focus on the expansion of rural broadband.

Meanwhile, senior House Democrats in influential committee positions have voiced concerns about the deal.

Ex-FCC Official to Become Federal CIO

August 4, 2011 | 10:14 a.m.

Former Microsoft executive Steven VanRoekel will succeed Vivek Kundra as the federal chief information officer, President Obama announced Thursday.

VanRoekel was also managing director at the Federal Communications Commission, where he overhauled the agency website that aimed to make data more accessible.

VanRoekel will become the government's top official on information technology matters, situated within the Office of Management and Budget.

Kundra announced earlier this year that he is leaving the administration for Harvard University, where he will carry out a fellowship with a focus on researching cloud computing, open data, and open government -- issues he emphasized during his tenure in the Obama administration.

The role of federal CIO is influential as the government seeks to use technology more efficiently to save cash. Such initiatives as the transition to store government data in "the cloud" allows the for the closing of costly data centers, a strategy Kundra strongly backed.

VanRoekel announced his departure from the FCC two months ago and currently is executive director at the Agency for International Development. He worked for Microsoft for 15 years, at one point as an assistant for co-founder Bill Gates.

The position is not subject to Senate confirmation. VanRoekel told The New York Times that he intends to build on the work Kundra has done. "We're trying to make sure that the pace of innovation in the private sector can be applied to the model that is government," he said.

LightSquared Transitions Public Safety Officials to New Satellite

August 3, 2011 | 5:21 p.m.

LightSquared, a wireless startup that has faced a slew of setbacks this year, had a somewhat rare piece of good news to report on Wednesday

The company said it had successfully transitioned 50,000 public safety officials onto its new satellite from an older satellite.LightSquared says the news shows the transition can be seamless for customers.

"Providing reliable communications for the public safety community is LightSquared's highest priority. With the transition to LightSquared's new satellite, first responders will continue to have the critical communication capabilities they have come to rely on in times of crisis,'' Sanjiv Ahuja, LightSquared chairman and chief executive officer,said in a statement.

Other customers who made the jump over to the new satellite include oil, natural gas, and other utilities clients, the Reston, Va., company, which sells its service on a wholesale basis rather than directly to customers, said.

The company launched the new satellite last year. The satellite, which successfully completed post-launch testing in February, features a 7-story antenna--the largest of any commercial satellite and the key to the company's plans.

LightSquared has faced tremendous policy and technical challenges in recent months. The GPS industry has charged that the company's operations interfere with GPS services that operate at similar wavelengths, prompting complaints from government agencies and members of Congress.

Public Safety Officials Turning Up The Heat On Congress

August 3, 2011 | 5:02 p.m.

After losing out on a chance to include legislation in a bill raising the nation's debt ceiling, public safety officials are increasing pressure on Congress to act on their top priority: creating a national broadband network for them.

"While the debt bill, which was enacted last night, monopolized a great deal of congressional time and energy, it is imperative that the House and Senate make passing legislation allocating the D-block and funding to public safety their top priority," the Public Safety Alliance said in a statement Wednesday. "With just six weeks remaining before the 10-year anniversary of the 9/11 terrorist attacks, no issue is more vital to the safety of every American along with those men and women who protect our nation."

The alliance is a coalition made up of groups representing fire and police chiefs, sheriffs and others that has been lobbying Congress heavily on the issue for the last year. The alliance conducted a "fly-in" in Washington last week during which its members met with lawmakers to make another push on the issue.

The Senate Commerce Committee approved legislation in June that would authorize funding and reallocate a chunk of spectrum known as the D-block to public safety officials for a national broadband network aimed at resolving some of the communications issues that have plagued them for years. Those problems were highlighted during the Sept. 11, 2001, terrorist attacks when police and fire fighters in New York could not communicate with each other.

Senate Commerce Chairman Jay Rockefeller, D-W.Va., has been pushing to get his bill through the Senate before the 10th anniversary of the 2001 attacks but prospects for such action are dimming given that Congress is gone on its month-long August break until early September. He had hoped to get the public safety provisions and other measures from his bill included in the debt ceiling legislation but they did not make it in the final version enacted on Tuesday.

In addition, House Energy and Commerce Republicans remain at odds with Senate Commerce on some key issues in the legislation. A draft GOP spectrum bill from Communications and Technology Subcommittee Chairman Greg Walden, R-Ore., released last month would not give the D-block to public safety officials but would stick with current law and auction it to commercial bidders.

The alliance has endorsed the Rockefeller bill but said it opposes Walden's draft measure. "The Walden language not only requires the auction of the D Block, but it puts at risk existing interoperable communications systems by creating an unfunded mandate to state and local governments to move all 700 MHz narrowband voice communications systems to allow for broadband data services," the group said in its statement.

Walden Gives FCC a Mixed Grade

August 3, 2011 | 4:37 p.m.

Rep. Greg Walden, R-Ore., chairman of the House Communications and Technology Subcommittee, gives the FCC a top grade on its broadband report released Tuesday.

"The process leading to the FCC's report on 'Measuring Broadband America' was exemplary. The Commission selected a commercial vendor through open, competitive bids; used a transparent process to partner with stakeholders; and leveraged its technical expertise," Walden writes in a statement emailed around Wednesday.

"As a result, the Commission and its partners designed and completed a path-breaking study helpful to all broadband consumers."

Walden is less pleased about an FCC release this week of program-carriage rules. Under the rules, cable operators may not suddenly dump videos from independent program vendors to try to gain leverage in contract disputes. The rules lays out requirements and procedures for asking the FCC for permission to temporarily freeze terms of an existing contract. The Media Access Project and some other consumer groups praised the FCC's ruling.

But Walden doesn't like how the FCC went about the process.

"The FCC based these rules on a four-year-old Notice of Proposed Rule Making that did not provide the text of a single proposed rule and did not clearly indicate a standstill rule was on the table," Walden complains. "Regardless of one's position on the merits of the ruling, this needlessly opens the order to challenge and weakens the FCC's credibility."

Despite Higher Pay, Women Lacking In STEM fields

August 3, 2011 | 3:59 p.m.

There's good news and bad news in a new report released Wednesday by the Commerce Department about women in science, technology, engineering and math - also known as STEM -- fields.

The good news is that the wage gap between what women and men earn is less when it comes to STEM jobs. The bad news is that the number of women choosing STEM jobs has not increased even as the number of women with college degrees has risen in recent years.

The new report, based on statistics from the Census Bureau's 2009 American Community Survey, notes that even as the number of STEM jobs has grown, the share of women in STEM jobs has remained steady at about 25 percent, compared with 48 percent of all other types of employment. This even though STEM jobs are projected to grow by 17 percent by 2018 -- nearly twice as much as other fields -- and that women in STEM jobs earn 33 percent more on average than women in other jobs.

At the same time, the gap that exists among all jobs between what men and women earn, is smaller in STEM fields. Women in STEM jobs earn 14 percent less than men in those jobs, compared with 21 percent less in other fields.

"The evidence is clear. We have an unacceptable STEM gender gap," acting Commerce Secretary Rebecca Blank said in a call with reporters. "We're challenged to change the current trajectory by encouraging and supporting women to be more involved and interested in STEM jobs."

There are many possible reasons for why more women are not seeking STEM jobs such as "a lack of female role models, gender stereotyping, and less family-friendly flexibility in the STEM fields," the report said.

In examining specific STEM fields, the report found that the proportion of women in computer and math jobs actually fell between 2000 and 2009 from 30 percent to 27 percent. Life and physical science is the one STEM area that has shown the most growth, with the proportion of women increasing from 36 percent in 2000 to 40 percent in 2009.

ACLU Probing Government Use of Cell Phone Location Data

August 3, 2011 | 1:03 p.m.

The American Civil Liberties Union announced a new effort on Wednesday to uncover details on how local law enforcement agencies use location data stored on cell phones to track or provide evidence on private citizens.

Last month a top lawyer at the National Security Agency, Matthew Olsen, suggested the Patriot Act may have given the federal government powers to use cell phone data to track Americans inside the United States, a comment that alarmed privacy advocates and civil libertarians.

On Wednesday, 34 ACLU affiliates across the country cited Olsen's remarks and announced they had filed requests under government transparency laws for documents that could reveal how authorities use location data on cell phones for law enforcement.

The ACLU groups want to know if agencies provide citizens the appropriate protections when they access this data; for instance, they want to know if officers tend to obtain a warrant first. They are also seeking statistics on how often authorities use this data and how much funding these efforts receive.

"The ability to access cell phone location data is an incredibly powerful tool and its use is shrouded in secrecy. The public has a right to know how and under what circumstances their location information is being accessed by the government," Catherine Crump, staff attorney for the ACLU Speech, Privacy and Technology Project, said in a statement. "A detailed history of someone's movements is extremely personal and is the kind of information the Constitution protects."

The ACLU supports a bill under consideration in Congress that spells out clear guidelines on how government authorities may use location data from cell phones. Sen. Ron Wyden, D-Ore., and Rep. Jason Chaffetz, R-Utah, introduced the "Geolocation Privacy and Surveillance (GPS) Act" in June.

Privacy concerns related to cell phone use are not limited to questions about how the government may be tracking citizens. Reports earlier this year that revealed the extent to which smart phone companies track users' location were a major concern for privacy advocates.

Today's e-Reads Updated: Skype Comes To iPads

August 2, 2011 | 4:34 p.m.

The Daily Caller examines former Mississippi GOP Rep. Chip Pickering's ties to some telecom firms and whether they played a role in some of the decisions he made during his tenure in Congress.

Skype is now available on the iPad, Mashable reports.

Google buys discount aggregator the Dealmap, according to the New York Times.

Mexican billionaire Carlos Slim is piecing his phone empire back together, Bloomberg reports.

And Foursquare is creating a business model starkly different from Facebook and other social sites who depend on advertising.

More of today's e-Reads here.

HP Hires New Government Affairs Chief

August 2, 2011 | 12:06 p.m.

Hewlett-Packard announced Tuesday that it has hired Gregg Melinson to head the firm's government affairs efforts.

Melinson will succeed Larry Irving as vice president of global government affairs and also will take on a new role as deputy general counsel. Unlike Irving, who was based out of Washington, Melinson will primarily work out of Hewlett-Packard's Palo Alto, Calif., headquarters.

Melinson, who starts his new gig on Sept. 19, has spent much of the last 20 years at Drinker Biddle & Reath and currently works out of the firm's Philadelphia office. He briefly left the law firm in the mid-1990s to serve as deputy general counsel to then-Gov. Tom Ridge, R-Pa.

"Gregg is an excellent leader with deep government affairs expertise, strong business acumen and a proven track record of building successful teams," HP Executive vice President and General Counsel Michael Holston said in a statement. Melinson will report to Holston.

Irving announced in June that he was leaving HP to return to consulting.

Cable Companies Want Limited Role In Turning Down The Volume

August 1, 2011 | 4:31 p.m.

Cable companies are pushing back against suggestions that they are responsible for keeping broadcasters' commercials from blasting viewers' eardrums.

Monday was the deadline for comments on the new measure at the Federal Communications Commission. Under the 2010 Commercial Advertisement Loudness Mitigation Act, or CALM Act, the FCC is tasked with making sure that commercials don't suddenly become much louder than the content they interrupt.

In a letter sent to the commission on Friday, Rep. Anna Eshoo, D-Calif., who introduced the law, urged regulators to apply the bill to all video services, not just to broadcasters.

"It was always the legislation's intent that the standard apply not just to television broadcast stations, but cable, satellite and other multi-channel video distributors," she wrote.

But the American Cable Association says the law should only apply to commercials that cable companies insert, not to broadcast content that is retransmitted.

"ACA believes the law requires cable operators to exercise control over the volume level of commercials that they insert on their own or with the assistance of third parties. But the law does not impose as broad a mandate regarding commercials embedded in upstream cable and broadcast programming that is merely passed through to subscribers by local operators," ACA President Matthew Polka said in a statement.

 

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Juliana Gruenwald

Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.


Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


Adam Mazmanian

Adam Mazmanian

Tech Correspondent

E-Mail: amazmanian@nationaljournal.com.


Adam Mazmanian reports on technology for National Journal. He comes to NJ from SmartBrief, where he was a senior editor on the advertising, media and digital beats. Before moving to Washington, D.C., he worked as worked in New York City as an editor at AOL, About.com and the alternative newsweekly New York Press. He’s contributed book reviews, pop music criticism and film writing to Washington City Paper, the Washington Times, the Washington Post, Newsday, Architect Magazine and elsewhere. He lives in the Petworth neighborhood of Washington, D.C. with his wife and son.


Josh Smith

Josh Smith

Tech Reporter

E-Mail: joshsmith@nationaljournal.com.


Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.