8/2. Federal Communications Commission (FCC) released a report titled "Measuring Broadband America: A Report on Consumer Wireline Broadband Performance in the U.S."

This report, prepared by the FCC's Office of Engineering and Technology (OET) and Consumer and Governmental Affairs Bureau, finds that the largest wireline (cable, DSL and fiber) based broadband internet access service (BIAS) providers are for the most part providing service at or near advertised speeds.

Verizon FIOS and Comcast exceed advertised download speeds for peak hours (7-11 PM Monday through Friday) and for 24 hour average, while some providers, notably Cablevision, fall below advertised download speeds.

8 of the 14 services covered by this report exceeded advertised upload speeds for both peak and 24 hour periods.

This report states that it presents the results of a "performance study of residential wireline ... broadband service in the United States using measurement technology deployed in the consumer’s home, focusing on three technologies -- digital subscriber line (DSL), cable, and fiber-to-the-home." The FCC "examined service offerings from 13 of the largest broadband providers". The report treats Verizon DSL and FIOS separately.

It finds that "For most participating broadband providers, actual download speeds are substantially closer to advertised speeds than was found in data from early 2009". See, report [30 pages in PDF] titled "Broadband Performance".

It states that "On average, during peak periods DSL-based services delivered download speeds that were 82 percent of advertised speeds, cable-based services delivered 93 percent of advertised speeds, and fiber-to-the-home services delivered 114 percent of advertised speeds."

Also, "On average, DSL-based services delivered 95 percent of advertised upload speeds, cable-based services delivered 108 percent, and fiber-to-the-home services delivered 112 percent."

Moreover, it finds, "Some cable-based services offer burst speed techniques, marketed under names such as ``PowerBoost,´´ which temporarily allocate more bandwidth to a consumer's service. The effect of PowerBoost is temporary -- it usually lasts less than 15 to 20 seconds ... Burst speed techniques increased short-term download performance by as much as 52 percent during peak periods for some offerings, and as little as 6 percent for other offerings".

Comcast's Cathy Avgiris wrote in a short piece that "the FCC has not only found that ISPs in America largely deliver on their advertised speeds, but that on average Comcast's Xfinity Internet service exceeds our advertised speeds". She added that "reinforces our claim that Comcast delivers the fastest speeds to more homes than anyone and provides the best online experience for all of the Internet-connected devices consumers now have in the home".

AT&T's Bob Quinn wrote in a short piece that this report shows that "American consumers are getting the broadband speeds they’re paying for". He added that "consumers are getting high-quality broadband services from their ISPs. Perhaps now we can get past the rhetoric about advertised vs. actual speeds".

Dan O'Connell, head of the FTTH Council, stated in a release that "This FCC report, which is firmly grounded in the experience of broadband consumers across the country, provides further evidence of what we have been saying for some time -- that FTTH networks are superior to other access technologies with regard to delivering fast broadband consistently and reliably ... In the years ahead, only fiber to the home will be able to deliver the level of performance that will be needed for consumers to keep pace with emerging applications and services and the bandwidth they will require."

Derek Turner of the Free Press, a constant critic of phone and broadband companies, stated in a release that "No matter how industry tries to put a positive spin on these results, the report shows conclusively that many Americans are simply not getting what they pay for. This study indicates Comcast, Cox and Verizon FiOS largely perform well, but other companies like Cablevision, AT&T, MediaCom and Frontier all fail to deliver their customers the quality of service promised."

8/2. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a speech at an event at a Best Buy store in Washington DC for the release of the FCC's report on performance by the largest wireline broadband internet access service (BIAS) providers.

He stated that "there are questions about whether or not consumers get what they pay for. During the FCC’s development of the National Broadband Plan, we reported evidence from 2009 that actual broadband speeds significantly lagged advertised speeds." See, report [30 pages in PDF] titled "Broadband Performance".

That report found that "actual download speeds experienced by U.S. consumers lag advertised speeds by roughly 50%" and that "This gap is similar across technologies".

Genachowski (at left) said on August 2 that the FCC has just completed the "most comprehensive and rigorous assessment ever of broadband performance in the United States", and the finding is that "most major ISPs are providing service close to what they're advertising".

He stated that "I expect broadband providers will look closely at the data we’re releasing today and ensure they’re providing accurate, relevant, and easily understandable information to consumers about their services. Providers should be aware that this survey isn’t intended as a one-time thing."

He also discussed policy. First, he said that it is "so important that we free up more spectrum ... for wireless broadband."

He continued that "One of the most effective ways to do that is a market-based solution known as voluntary incentive auctions. This solution, which I’m optimistic about -- and which has broad, bipartisan support on the Hill, throughout the broadband economy, and from a cross-section of the nation's leading economists -- will bring new spectrum to the market, money to the Treasury, and will help solve growing challenges like data congestion and dropped connections."

He also asserted that the FCC "is now in the home stretch of a major overhaul of our Universal Service policies".

7/26. The Federal Communications Commission's (FCC) Media Bureau released a Public Notice that requests comments regarding regional sports network (RSN) access and carriage. The FCC's 2006 order approving the purchase of Adelphia Communications Corporation's cable systems by Time Warner Cable (TWC) and Comcast imposed conditions regarding RSN access and carriage requirements.

The FCC adopted its Adelphia Memorandum Opinion and Order (MOO) [179 pages in PDF] on July 13, 2006, and released the text on July 21, 2006. It is FCC 06-105 in MB Docket No. 05-192.

That MOO adopted program access conditions preventing TWC and Comcast from entering into any exclusive distribution agreements with existing and future affiliated RSNs and unduly or improperly influencing the sale of the programming of those RSNs to unaffiliated multichannel video programming distributors (MVPD). The MOO also required TWC and Comcast to provide the programming of affiliated RSNs to all MVPDs pursuant to non-discriminatory terms and conditions. The MOO also applied the program access rules applicable to satellite delivered, cable affiliated programming to all of TWC's and Comcast's affiliated RSNs, regardless of the method of delivery. The MOO partially exempted Comcast's SportsNet Philadelphia from these requirements.

The Public Notice asks, "What effect, if any, have marketplace and the 2007 and 2010 program access rules revisions had on MVPDs’ ability to gain access to RSN programming? Similarly, what impact have regulatory and marketplace changes since the Adelphia Order had on the ability of unaffiliated RSNs to gain carriage on MVPD systems?"

It also asks, "Since the release of the Adelphia Order has there been an increase in the delivery of RSNs by terrestrial means? In addition, has the number of RSNs affiliated with a cable operator changed since the release of the Adelphia Order? If there has been a change, how does this number compare with the overall number of RSNs in the marketplace? Are there examples since the release of the Adelphia Order involving the withholding of an RSN and what impact has this had on the MVPD marketplace? Further, has there been a change in the number of exclusive deals involving MVPDs and unaffiliated RSNs since the release of the Adelphia Order?"

The deadline to submit initial comments is September 9, 2011. The deadline to submit reply comments is September 26, 2011. See also, notice in the Federal Register, Vol. 76, No. 148, Tuesday, August 2, 2011, at Pages 46295-46296. This Public Notice is DA 11-1238 in MB Docket No. 11-128.

8/2. President Obama announced his intent to nominate Charles McCullough to be Inspector General of the Intelligence Community in the Office of the Director of National Intelligence. See, White House news office release. He is currently the Deputy Inspector General.

8/2. President Obama announced his intent to nominate Ashton Carter to be Deputy Secretary of Defense in the Department of Defense (DOD). See, White House news office release. He is currently Under Secretary of Defense for Acquisition, Technology & Logistics.

8/1. Gary Locke took the oath of office to become the U.S. Ambassador to the People's Republic of China. He resigned from his previous position of Secretary of Commerce. See, Department of Commerce release. Rebecca Blank, the acting Deputy Secretary, is now the acting Secretary of Commerce.

8/1. The Copyright Royalty Judges published a notice in the Federal Register announces, describes, recites, and sets the effective date (August 31, 2011) for, it rules changes regarding authorizing the use of proxy reports of use to permit distribution of royalties collected for the period April 1, 2004, through December 31, 2009, for the public performance of sound recordings by means of digital audio transmissions pursuant to statutory license. See, Federal Register, Vol. 76, No. 147, Monday, August 1, 2011, at Pages 45695-45696.

7/29. The Government Accountability Office (GAO) released a letter report [33 pages in PDF] regarding "Defense Department Cyber Efforts: Definitions, Focal Point, and Methodology Needed for DOD to Develop Full-Spectrum Cyberspace Budget Estimates". It states that the Department of Defense (DOD) "does not yet have an overarching budget estimate for full-spectrum cyberspace operations including computer network attack, computer network exploitation, and classified funding", although it has provided three different estimates for FY 2012: $2.3, $2.8 and $3.2 Billion.

The House will not meet.

The Senate will meet at 9:30 AM.

POSTPONED. 10:00 AM. The House Committee on Foreign Affairs will hold a hearing titled "Why Taiwan Matters". The witnesses will be Kurt Campbell (Assistant Secretary of State for East Asian and Pacific Affairs) and Michael Schiffer (Deputy Assistant Secretary of Defense for East Asia). See, notice. Location: Room 2172, Rayburn Building.

10:30 AM. Federal Communications Commission (FCC) Chairman Julius Genachowski will give a speech at an event for the release of a report titled "Measuring Broadband America". See, FCC notice. Location: Best Buy, 3100 14th St., NW.

POSTPONED. 2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing. See, notice. Location: Room 219, Hart Building.

The House will not meet.

The Senate will not meet. It has recessed until September. However, it will hold pro forma sessions.

9:00 AM. The Department of Commerce's (DOC) Bureau of Industry and Security's (BIS) Materials Processing Equipment Technical Advisory Committee (MPETAC) will hold a partially closed meeting. See, notice in the Federal Register Vol. 76, No. 138, Tuesday, July 19, 2011, at Pages 42678-42679. Location: DOC, Hoover Building, Room 3884,14th Street between Pennsylvania and Constitution Aves., NW.

POSTPONED. 10:00 AM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Cybercrime: Updating the Computer Fraud and Abuse Act to Protect Cyberspace and Combat Emerging Threats". The witnesses will be James Baker (DOJ's Associate Deputy Attorney General) and Pablo Martinez (U.S. Secret Service). See, notice. The SJC will webcast this event. Location Room 226, Dirksen Building.

POSTPONED. 10:00 AM - 12:00 NOON. The House Science Committee (HSC) will hold a hearing titled "Impacts of the LightSquared Network on Federal Science Activities". See, notice. Location: Room 2318, Rayburn Building.

CANCELLED. 10:00 AM - 12:00 NOON. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Building.

? 10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda again includes consideration of Steve Six (to be a Judge of the U.S. Court of Appeals for the 10th Circuit) and Morgan Christen (U.S. Court of Appeals for the 9th Circuit), and four District Court nominees: Yvonne Rogers (USDC/NDCal), Richard Andrews (USDC/DDel), Scott Skavdahl (USDC/DWyo), and Sharon Gleason (USDC/DAk). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

CANCELLED. 2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing. See, notice. Location: Room 219, Hart Building.

EXTENDED FROM JULY 5. Extended deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [46 pages in PDF] regarding how its rules and policies could be modified to provide greater economic, market entry, communication adoption opportunities, and incentives for Native Nations. This notice is FCC 11-30 in CG Docket No. 11-41. The FCC adopted it on March 3, 2011, and released the text on March 4, 2011. See, notice in the Federal Register, April 5, 2011, Vol. 76, No. 65, at Pages 18759-18761. See also, extension notice (DA 11-873).

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response its 3rd Further Notice of Proposed Rulemaking (NPRM) [110 pages in PDF] regarding extensive revisions to its Part 11 rules governing the Emergency Alert System (EAS). The FCC adopted this NPRM on May 25, 2011, and released the text on May 26, 2011. It is FCC 11-82 in EB Docket No. 04-296. See, notice in the Federal Register, Vol. 76, No. 118, Monday, June 20, 2011, at Pages 35810-35831.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice regarding whether certain docketed FCC proceedings should be terminated as dormant. See, June 3, 2011, Public Notice (DA 11-992 in CG Docket No. 11-99), and notice in the Federal Register, Vol. 76, No. 118, Monday, June 20, 2011, at Pages 35892-35893.

The Senate will meet in pro forma session.

POSTPONED. 10:00 AM. The Senate Finance Committee (SFC) will hold a hearing on the nominations of Michael Punke (to be Deputy U.S. Trade Representative), Paul Piquado (to be Assistant Secretary of Commerce), and David Johanson (to be a member of the U.S. International Trade Commission). See, notice. Location: Room 215, Dirksen Building.

EXTENDED FROM JULY 8. Deadline to submit comments to the Federal Trade Commission (FTC) in connection with June 21 event titled "Patent Standards Workshop". See, notice in the Federal Register, Vol. 76, No. 93, Friday, May 13, 2011, at Pages 28036-28038, and FTC release of May 9, 2011. See also, story titled "FTC to Hold Workshop on Standard Setting and Patents" in TLJ Daily E-Mail Alert No. 2,242, May 16, 2011. See, FTC's June 29, 2011, extension notice.

The House will be in recess until Wednesday, September 7.

EXTENDED TO AUGUST 15. Deadline to submit comments to the Federal Trade Commission (FTC) in response to its notice in the Federal Register regarding the proposed self-regulatory guidelines submitted to the FTC by Aristotle International, Inc. under the safe harbor provision of the Children's Online Privacy Protection Act (COPPA) Rule. See, Federal Register, Vol. 76, No. 123, Monday, June 27, 2011, at Pages 37290-37291. See, notice of extension.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". See, agenda. Location: FCC, Commission Meeting Room, 445 12th St., SW.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) [17 pages in PDF] regarding Terrestrial Trunked Radio, or TETRA, technology. The FCC adopted this item on April 18, 2011, and released the text on April 26, 2011. It is FCC 11-63 in WT Docket No. 11-69 and ET Docket No. 09-234. See, notice in the Federal Register, Vol. 76, No. 91, Wednesday, May 11, 2011, at Pages 27296-27300.

8/2. The Federal Communications Commission (FCC) released an agenda for its event on August 9, 2011, titled "open meeting".

It contains three of the four items that the FCC listed in the tentative agenda released on July 19, 2011. See, story titled "FCC Releases Tentative Agenda for August 9 Meeting" in TLJ Daily E-Mail Alert No. 2,264, July 20, 2011.

First, the FCC is scheduled to adopt a Report and Order (R&O), Further Notice of Proposed Rulemaking (FNPRM), and Memorandum Opinion and Order (MOO) regarding use of spectrum bands for wireless backhaul. This is WT Docket No. 10-153.

Second, the FCC is scheduled to adopt a NPRM regarding foreign ownership of wireless phone companies and certain aeronautical licensees, but not foreign ownership of broadcast licensees.

Third, the FCC is scheduled to adopt an Order on Reconsideration "addressing two section 310(b)(4) foreign ownership rulings granted to Verizon Wireless in two proceedings approving its acquisitions of Rural Cellular Corporation (RCC) and Alltel Corporation (Alltel)." This is WT Docket Nos. 07-208 and 08-95.

This meeting is scheduled to take place on Tuesday, August 9, 2011, at 10:30 AM, in the FCC's Commission Meeting Room., TW-C305, 445 12th St., SW. The FCC will webcast this event.

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