| Government Officials
Announce 3G Spectrum Plan |
7/23. Officials from the Federal
Communications Commission (FCC), Department of Commerce (DOC),
and Department of Defense (DOD), along with the heads of the
CTIA and TIA, announced a plan for the reallocation of 90 MHz
of spectrum for use by Third Generation (3G) wireless services
at a press conference in Washington DC. The identified
spectrum is located at 1710-1755 MHz and 2110-2155 MHz.
The participants also called for legislation amending the
spectrum auction process. In particular, the administration
proposes creating a trust to be funded out of the proceeds of
auctions of the reallocated spectrum; this trust would then
provide payments to federal entities that must relocate to
other spectrum.
3G technology, which is still being developed, will be a
digital, packet switched, Internet protocol system. It will
carry voice, music and data. It will also further increase the
efficiency of use of spectrum, and enable each 3G capable
device to have broadband data transfer rates. It is intended
to bring broadband Internet access to portable devices.
However, providers of 3G services need spectrum upon which to
offer these new services.
Spectrum was nationalized since 1927. There is no market in
which services providers can purchase the spectrum that they
want. If they are to obtain spectrum, the government must take
spectrum away from incumbent users, and reallocate it to new
users. Incumbents do not like to lose their spectrum, even if
they are reallocated other spectrum. The military is the main
incumbent in the 1710 -1755 MHz band, and hence, has been
involved in the 3G planning process.
The DOC's National
Telecommunications and Information Administration (NTIA)
released a document
on July 23 titled "An Assessment of the Viability of
Accommodating Advanced Mobile Wireless (3G) Systems in the
1710-1770 MHz and 2110-2170 MHz Bands". The NTIA has
spectrum management responsibilities for spectrum used by
government entities, while the FCC has spectrum management
responsibilities for spectrum used by the private sector.
Secretary of Commerce Don
Evans made a brief opening statement, and then walked out.
The remainder of the press conference was conduced by Steven
Price (Deputy Assistant Secretary of Defense for Spectrum
and C3 Policy), Kathleen
Abernathy (FCC Commissioner), Kevin Martin
(FCC Commissioner), Nancy
Victory and Mike Gallagher (NTIA), Tom Wheeler (President
of the Cellular
Telecommunications Industry Association), and Matthew
Flanigan (President of the Telecommunications
Industry Association). The audience included more
government employees, industry representatives, and
journalists.
The plan does not make any spectrum available today. Rather,
it reflects a consensus among the FCC, DOD and NTIA regarding
specific spectrum bands that should be reallocated, and
changes that should be made to the auction and relocation
process. It provides engineers, equipment manufacturers,
service providers, and investors an increased level of
certainty that spectrum will be made available for 3G, as well
as what spectrum bands it will be, and when it will be
available.
Don Evans stated that "this is a very very big day".
He said that "the executive branch of government, for
some ten years now, almost ten years, has been working on the
prospect of providing more spectrum for the telecommunications
community".
Evans continued that "We have accomplished this, while
also achieving the necessary balance between our country's
economic growth and the national security of this country, as
well as of the safety. Our plan will promote economic growth
without jeopardizing the national security of this country.
This landmark plan identifies, as I mentioned, 90 megahertz of
radio spectrum for advanced wireless telecommunications
services that will provide a lasting benefit to the American
people. The availability of this additional amount of spectrum
will mean improved quality of voice and data services we use
today, and also new applications for health care services, and
basic business tools, such as data analysis and inventory
management."
The DOD's Price stated that "We welcome the findings in
the 3G Viability Plan and believe the Plan supports the needs
of national security. DoD believes that implementing the 3G
Plan will not degrade military capabilities nor harm national
security interests."
Price added that "While the Plan requires some changes to
certain of our systems, The Defense Department concludes that
military capabilities will not be degraded because DoD is
gaining access to comparable spectrum, where necessary,
receiving cost reimbursement, and being afforded time to
adjust our operations."
The CTIA's Wheeler praised the plan for providing industry
with a timetable and certainty. He also said that it will
allow companies to avoid "fire drill auctions".
Spectrum that will be reallocated for 3G services would also
be auctioned. Wheeler explained his comments. He said that in
the recent 700 MHz bill "Congress stepped in and removed
all of the dates for auctions that had been set arbitrarily as
part of a budget game. So what we are now dealing with is that
piece of the puzzle coming together with this piece of the
puzzle, and the result is certainty and stability."
The FCC's Abernathy then stated that first there would be
allocation of spectrum, and then service rules. Then, "at
the end of the day, the likelihood is that these would go
through auction, but we are talking about nothing until, at
the earliest, 2004."
See also, DOC release,
CTIA release,
TIA release,
and opening
statement of Tom Wheeler. |
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| Administration Proposes
Legislation to Create Spectrum Relocation Fund |
7/23. Theodore Kassinger, General Counsel of the Department of Commerce (DOC),
wrote a letter
to House and Senate leaders, and Chairmen and ranking members
of the relevant oversight committees, enclosing a draft
bill titled the "Federal Spectrum Relocation Payment
Procedures Act". The proposed legislation is a part of
the administration's overall plan for reallocating spectrum
for Third Generation (3G) wireless services.
He wrote that "Under current law, commercial entities
must reimburse Federal entities for the costs of relocating
from reallocated spectrum, and agencies are not authorized to
accept these payments, but the spending of the payments must
be appropriated. This proposal would not only change the
mechanism for payment to the agencies from direct payments by
the commercial entities to payments from a central Spectrum
Relocation Fund funded by auction receipts, it would also
authorize the Federal entities to spend the payments without
further appropriation."
Mike Gallagher of the DOC's National
Telecommunications and Information Administration (NTIA)
stated at a press conference on July 23 that the
administration has been in close contact with congressional
staff, but that it does not have any Senator or Representative
who is prepared to introduce this proposed bill.
Sen. Sen. Ernest
Hollings (D-SC), the Chairman of the Senate Commerce
Committee, and Sen.
Daniel Inouye (D-HI), the Chairman of the Communications
Subcommittee, stated on July 23 that "we plan to
introduce bipartisan legislation". |
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| Sen. Hollings Comments on
3G Plan |
7/23. Sen. Ernest
Hollings (D-SC), the Chairman of the Senate Commerce
Committee, and Sen.
Daniel Inouye (D-HI), the Chairman of the Communications
Subcommittee, released the following joint statement: "In
the Senate Commerce Committee, we have tirelessly promoted the
need for additional spectrum for third generation wireless
service as an issue requiring resolution by federal
regulators. In the past two years, we have had hearings on
this very issue in which we have encouraged all stake holders
to identify and allocate additional spectrum for third
generation wireless service. Therefore, it is with
satisfaction that we receive the news that both DoD and
industry working with the FCC and NTIA have resolved the
sharing issues and identified additional spectrum for third
generation wireless service."
The two also stated that "In the near future, we plan to
introduce bipartisan legislation that will supplement these
positive steps by addressing a number of spectrum management
issues, including the reimbursement of government users when
they are required to relocate their facilities to make
spectrum available for commercial purposes." |
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| Privacilla Paper Addresses
Privacy Torts |
7/23. Privacilla.org
published a paper
[PDF] titled "The Privacy Torts: How U.S. State Law
Quietly Leads the Way in Privacy Protection".
The paper states that "During the last century, American
common law developed a body of privacy protecting theories
that give people whose privacy has been invaded the right to
sue and collect damages." The paper goes on to review the
nature of tort law, the history of privacy torts, and the
elements of causes of action based on privacy tort law. The
paper also includes state by state list of court opinions that
address privacy.
The paper also discusses the policy implications of the
availability of tort remedies for invasions of privacy. It
states that "in Washington, D.C., U.S. state capitols,
and internationally, many politicians and bureaucrats are
seeking to protect privacy without knowledge of fundamental
protections for privacy in the United States: the state
privacy torts."
The paper does not criticize legislators. Rather, it focuses
on the privacy advocates who inform them. It states that
"Many pro-regulation privacy activists and so-called
consumer advocates have disinformed Congress and the public
about the existence of privacy protections for consumers. They
have fostered a degree of hysteria by encouraging the
impression that consumers are completely unprotected by
existing law. For example, the Electronic
Privacy Information Center's 2000 Privacy and Human Rights
book states flatly ``The U.S. has no comprehensive privacy
protection law for the private sector.´´"
Moreover, the report asserts, state privacy litigation is
superior to prescription regulation as a means of protecting
individual privacy. Citing the privacy regulations contained
in the Gramm Leach Bliley Act, the report concludes that
"Attempting to refine ``notice and choice´´ is a
technocratic approach that can not succeed."
The paper also cautions that "federal preemption of the
state privacy torts would be a significant and objectionable
retreat for privacy protection in the United States. Any
preemption should be limited to regulatory statutes -- not the
baseline privacy protections provided by the state privacy
torts." Also, states should be cautious about legislating
regarding privacy.
The paper's conclusion is that "Legislators, bureaucrats,
the press, and the public should be better aware of the
explicit privacy protection available in the United States
through the privacy torts. This knowledge will help consumers
know better when their privacy is threatened and when it is
safe. And it will help dissuade legislators from experimental
legislation clumsily aimed at delivering privacy by dictating
information policy."
The paper does not name its author. It states only that it is
"Issued by Privacilla.org". Jim
Harper is the Editor of the Privacill.org, as well as the
Principal of Policy
Counsel and an Adjunct Fellow at the Progress and Freedom Foundation. |
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| DOJ Recommends Approval of
Qwest Long Distance Application |
7/23. The Department of
Justice (DOJ) issued its competitive
analysis [49 pages in PDF] of the Section
271 application of Qwest
Communications to provide in region interLATA services in
the states of Colorado, Idaho, Iowa, Nebraska, and North
Dakota. The DOJ recommends that the Federal Communications Commission
(FCC) approve the applications.
The FCC concluded that "Qwest's application demonstrates
that it has succeeded in opening its local markets in
Colorado, Idaho, Iowa, Nebraska, and North Dakota in most
respects. However, Qwest's application as filed does not
demonstrate that it provides CLECs with electronically
auditable wholesale bills for the UNE platform nor does it
adequately address issues relating to Qwest's manual
processing of wholesale orders. Thus, the Department cannot
support Qwest's application as filed. However, Qwest has since
submitted substantial additional evidence which, if
sufficiently meaningful and reliable for the Commission to
assure itself that Qwest is providing electronically auditable
wholesale bills and manually processing wholesale orders
timely and accurately, would justify the granting of long
distance authority in Colorado, Idaho, Iowa, Nebraska, and
North Dakota."
Qwest issued a release
in which it stated that "Qwest filed a second application
for four more states -- Washington, Utah, Montana and Wyoming
-- on July 12. The DOJ is scheduled to make its recommendation
to the FCC on Qwest’s second application on August 16."
This is WC Docket No. 02-148. See also, DOJ
release. |
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| GAO Reports on Multitude of
Critical Infrastructure Protection Entities |
7/22. The General Accounting
Office (GAO) released a report [84
pages in PDF] titled "Critical Infrastructure Protection:
Federal Efforts Require a More Coordinated and Comprehensive
Approach for Protecting Information Systems".
The report found that "At least 50 federal organizations
are involved in national or multiagency cyber CIP activities
that include setting policy, analyzing vulnerabilities and
intelligence information, disseminating alerts and warnings on
potential and actual infrastructure attacks, developing
remediation plans, responding to incidents, and performing
research and development. These organizations are primarily
located within 13 major departments and agencies mentioned in Presidential
Decision Directive 63."
The report also found that "relationships among all
organizations performing similar activities (e.g., policy
development or analysis and warning) were not consistently
established. The President’s Critical Infrastructure
Protection Board is intended to coordinate federal efforts and
programs related to protecting critical infrastructures.
However, an underlying challenge in this coordination is
that a detailed strategy is still being developed."
The report concluded that "Without a strategy that
identifies responsibilities and relationships for all cyber
CIP efforts, our nation risks not knowing whether we have the
appropriate structure to deal with the growing threat of
computer based attacks on its critical infrastructure. The
President's Critical Infrastructure Protection Board is
currently developing a proposed national strategy in
coordination with the private sector. It is essential that
this strategy define the roles, responsibilities, and
relationships among the various federal organizations involved
in cyber CIP activities."
The report was prepared for the Senate Governmental
Affairs Committee, chaired by Sen. Joe Lieberman
(D-CT). On July 24, the House
Government Reform Committee's Subcommittee Government
Efficiency, Financial Management, and Intergovernmental
Relations is scheduled to hold a hearing titled "Cyber
Terrorism: Is the Nation's Critical Infrastructure Adequately
Protected?" |
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| Powell Comments on 3G Plan |
7/23. Federal Communications
Commission (FCC) Chairman Michael Powell
did not attend the meeting at the Department of Commerce.
However, he released a statement
[PDF]. "I am pleased that 90 MHz of prime spectrum can be
made available for advanced wireless services in the United
States. This spectrum should provide wireless carriers with
sufficient capacity to keep pace with consumer demand for new
and innovative services. In the future, as events warrant, the
Commission will consider making additional spectrum available
for wireless services.
"I would like to laud the National Telecommunications and
Information Administration (NTIA) role in this successful
interagency effort, as well as the hard working staff from the
Federal Communications Commission, (FCC) the Department of
Defense (DOD) and other agencies. Together with DOD, NTIA has
been able to achieve significant and positive results – for
government, for industry, and for American consumers."
"Throughout the past year, an interagency working group
with staff from the FCC, NTIA, DOD, and other executive branch
agencies, has been working diligently to identify spectrum for
advanced wireless services. The interagency effort examined
existing federal operations in spectrum already earmarked for
transfer to non-federal use -- specifically, the 1710-1755 MHz
band. The terms of the transfer would have allowed certain
federal operations -- both military and non-military to
continue indefinitely. Permissible, grandfathered operations
at 16 military facilities would have particularly impeded the
development of new nationwide services. The interagency
working group developed a creative plan for relocating these
operations to other bands and thus clearing the band for
commercial use," said Powell. |
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| Wednesday, July 24 |
The House will meet at 10:00 AM for legislative business.
9:00 AM. Day one of a two day meeting of the Bureau of Industry and Security's
(BIS) Information Systems Technical Advisory Committee. The
meeting will be partially open, and partially closed to the
public. The agenda of the open portion of the meeting includes
(1) a presentation on encryption in network management
software, (2) a presentation on changes to the mass market
encryption regulation, and (3) a discussion of the GAO report
on advances in China's semiconductor industry. The BIS was
formerly known as the Bureau of Export Administration (BXA).
See, notice
in the Federal Register. Location: Hoover Building, Room 3884,
14th Street between Pennsylvania Ave. and Constitution Ave.
NW.
9:30 AM. The Senate
Governmental Affairs Committee will hold a business
meeting to consider withdrawals of amendments to S
2452 [273 pages in PDF], the National Homeland Security
and Combatting Terrorism Act of 2002. Location: Room 342,
Dirksen Building.
CANCELLED. 10:00
AM. The Senate
Commerce Committee's Subcommittee on Communications will
hold a hearing titled "Competition and the Cable
Industry". Sen.
Daniel Inouye (D-HI) will preside. The scheduled witnesses
include Robert Sachs (National
Cable & Telecommunications Association), Rodger
Johnson (Knology), David Baker (Earthlink), Gene
Kimmelman (Consumers Union),
and James Gleason (American
Cable Association).
10:00 AM. The House Government Reform
Committee's Subcommittee Government
Efficiency, Financial Management, and Intergovernmental
Relations will hold a hearing titled "Cyber Terrorism:
Is the Nation's Critical Infrastructure Adequately Protected?"
Location: Room 2154, Rayburn Building.
12:00 NOON. The Congressional
Internet Caucus Advisory Committee will host a panel
discussion on the future of Internet technologies. The
speakers will be Nicholas
Negroponte, Walter
Bender and Andrew
Lippman, all of the MIT
Media Laboratory. Sen.
Conrad Burns (R-MT) and Rep. Michael Capuano
(D-MA) will make introductions. RSVP to rsvp@netcaucus.org or
Danielle at 202 638-4370. Lunch will be served. Location:
Reserve Officers Association, First and Constitution Ave., NE.
2:30 PM. The Senate
Commerce Committee's Subcommittee on Science, Technology,
and Space will hold a hearing to examine women in science
and technology. Location: Room 253, Russell Building.
3:00 PM. Rep. Billy
Tauzin (R-LA), the Chairman of the House Commerce
Committee, Rep. Fred
Upton (R-MI), the Chairman of the Subcommittee on
Telecommunications and the Internet, and others, will hold a
press conference on a cyber security report prepared by
the Business Software Alliance
(BSA). Press contact: Ken Johnson or Peter Sheffield at 202
225-5735. Location: Room 2218, Rayburn Building.
4:00 PM. The House Rules
Committee will meet to adopt a rule for consideration of HR 5005,
the Homeland Security Act of 2002. See also, HR 5005
[232 pages in PDF] as reported by the House Select Committee
on Homeland Security. amendments
process for HR 5005. Location: Room H-312, Capitol
Building. |
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| Thursday, July 25 |
The House will meet at 10:00 AM for legislative business.
The House may begin consideration of HR
5005, the Homeland Security Act of 2002.
9:00 AM. Day two of a two day meeting of the Bureau of Industry and Security's
(BIS) Information Systems Technical Advisory Committee. The
meeting will be partially open, and partially closed to the
public. The agenda of the open portion of the meeting includes
(1) a presentation on encryption in network management
software, (2) a presentation on changes to the mass market
encryption regulation, and (3) a discussion of the GAO report
on advances in China's semiconductor industry. The BIS was
formerly known as the Bureau of Export Administration (BXA).
See, notice
in the Federal Register. Location: Hoover Building, Room 3884,
14th Street between Pennsylvania Ave. and Constitution Ave.
NW.
10:00 AM. The Senate
Judiciary Committee will hold an oversight hearing on the Department of Justice. See, notice.
Press contact: Mimi Devlin at 202 224-9437. Location: Room
226, Dirksen Building. |
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| Friday, July 26 |
The House will meet at 10:00 AM for legislative business.
The House may consider HR
5005, the Homeland Security Act of 2002.
Deadline to submit reply comments to the FCC regarding
its Declaratory Ruling and Second Further Notice of Proposed
Rulemaking clarifying that providers of Internet protocol
telecommunications relay services are eligible for
reimbursement from the Interstate TRS Fund. See, FCC
notice [PDF]. |
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| Monday, July 29 |
The House is scheduled to begin its Summer District Work
Period.
9:00 AM - 5:00 PM. Day one of a two day meeting of the Federal Accounting Standards
Advisory Board (FASAB). RSVP by July 22 by calling 202
512-7350. See, notice
in Federal Register. Location: Room 5N30, GAO Building.
1:30 - 3:30 PM. The FCC's WRC-03
Advisory Committee, Informal Working Group 7: Regulatory
Issues and Future Agendas, will hold a meeting. See, notice
[PDF]. Location: The Boeing Company, 1200 Wilson Blvd.,
Arlington, VA.
Deadline to submit comments to the FCC's regarding
its Annual Assessment of the Status of Competition in the
Market for the Delivery of Video Programming. See, notice
in Federal Register. |
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| Tuesday, July 30 |
8:30 AM - 12:00 NOON. The Information
Technology Association of America (ITAA) and the Center for Strategic and
International Studies (CSIS) will host a conference titled
"Wireless Security: Challenges and Solutions".
Richard Clarke, Special Advisor to the President for
Cyberspace Security, will give the keynote address at 8:50 AM.
See, notice
and agenda. RSVP by July 26, 2002 to kwoolley @itaa.org or 703
284-5323. Location: CSIS, 1800 K Street, NW.
9:00 AM - 5:00 PM. Day two of a two day meeting of the Federal Accounting Standards
Advisory Board (FASAB). RSVP by July 22 by calling 202
512-7350. See, notice
in Federal Register. Location: Room 5N30, GAO Building.
10:00 AM - 12:00 NOON. The State Department's International
Telecommunication Advisory Committee (ITAC) will meet. See, notice
in Federal Register. Location: Room 5533, State Department. |
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