COPPS CRITICIZES FCC'S WORK SO FAR ON HOMELAND SECURITY

Other commissioners didn’t react at the meeting to Copps’ comments. FCC Chmn. Powell said in a statement on the homeland security report that he’s “very proud” of the FCC’s contributions to homeland security: “Certainly the industries that we regulate are a critical part of the nation’s infrastructure… We are reminded of the importance of this work every day, but our focus is sharpened today by the heightened terror threat we face in several key cities, including our own.”

Copps said the recent report by the 9/11 Commission “lays out in chilling detail a communications unreadiness that seriously inhibited our country’s ability to respond” that day. But, he argued, “meetings, NOIs and draft best practices can only take us so far.” Copps, the FCC’s senior Democrat, will likely deliver more homeland security speeches in coming months, sources said. He will likely stress as he did Wed. what he sees as a disconnect between Commission rhetoric and action. The 9/11 Commission report didn’t specifically mention the FCC or its communications programs.

Among issues highlighted in the FCC report as an area of success and likely to get the most attention is the use of 4.9 GHz spectrum by emergency response agencies. Public safety officials note that while the FCC has approved use of the spectrum for wireless data, it can’t penetrate walls and has limited range. At this point it’s only of limited use, most likely to create “hot spots” to transfer data quickly at emergency scenes like big fires, officials said, and even then most first response agencies would have to buy equipment. “While 4.9 GHz might someday be useful, it’s not now,” one source said: “We shouldn’t tout bells and whistles when we have problems with the basics.”

Another issue, mentioned in the 9/11 Commission report, is the DTV transition, which some consider an important next step for interoperable communications. “That issue is pretty much stalled right now and the FCC needs to do everything it can to make it happen from the standpoint of first response,” a carrier source said. “That’s important,” said a public safety source: “There’s an interoperability piece. That spectrum will be very helpful.”

Copps mentioned failure of the FCC to integrate hospitals, first responders and Centers for Disease Control communications. He said he had made several visits to medical facilities: “I don’t see that many hospitals, especially in rural America, have a reliable 2-way communications system that allows them to communicate with local and federal law enforcement and emergency personnel in a crisis… When they do have dedicated systems, they are seldom redundant, and most are based on the public network, which is unreliable in emergencies, as 9/11 and the more recent East Coast blackout proved.”

The FCC previously acknowledged that the rural health care program, one part of the USF, has never taken off. In 2001, the last year for which numbers are available, the program could have provided up to $400 million, but awarded only $14 million, or a little more than 3% of that figure.

Copps questioned whether the Commission has done enough to promote RFID to secure the nation’s ports. Work on RFID was also mentioned in the FCC report. The FCC this year increased the maximum permitted field strength and transmission duration for 433 MHz used by RFID systems. But the Commission hasn’t pushed forward a study of how RFID can play a great role in homeland security, sources said. Similarly, on Telecom Relay Service, which notifies the handicapped in the event of an emergency, FCC has encouraged TRS providers and states to create a plan but hasn’t promoted a national plan.

Copps specifically called for the creation of a new office focused on helping local public safety organizations “share ideas, vet proposals, prepare plans and coordinate them with both government and industry… If we lack the resources to do this, I am for going to Congress and asking for them.”

Copps said the FCC has made some progress but much remains to be done. “It’s all still very much a work in progress, and time is no friend when it comes to terrorism. Reorganization tomorrow is not enough,” he said: “Voluntary best practices, if implemented quickly, are fine, but untimely implementation may be no protection at all. So when voluntary efforts fail, mandatory implementation may best serve the public interest.” -- Howard Buskirk

FCC Notebook…

The FCC Wed. approved an order prohibiting most spam sent to wireless phones as text messages unless the receiver has given express authorization. The ban, carrying out part of the CAN-SPAM Act, doesn’t apply to transactional or relationship messages of the type a wireless carrier may send a customer -- a victory for carriers. Wireless carriers will be required to submit a list of domain names reserved for wireless service. The rule specifically doesn’t cover noncommercial messages transmitted by candidates for public office, nonprofit groups or charities, which aren’t covered by CAN-SPAM. The rule also allows individuals to forward messages automatically from their computers to their phones. Users who decide to accept text messages on their phone can revoke permission any time. CTIA said in general the FCC appeared to be taking the right steps on wireless spam. “We fought hard to limit telemarketing calls to wireless phones and more recently, have taken proactive steps to eliminate text messaging spam, including installing blocking features, monitoring email and directly targeting spammers,” said CTIA Pres. Steve Largent: “Implementation of the CAN-SPAM Act will provide consumers additional protections from unwanted e-mails sent to mobile wireless devices.” Comr. Copps voted for the order but expressed concern because it allows consumers to agree orally to “opt-in” to receive wireless spam. “Oral approvals are, I think, more difficult to verify,” he said. “You can probably envision circumstances where they may be problematical, could possibly even open the way for some abuse, so we're going to need to monitor them closely.”

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The FCC Wed. approved revised rules for the federal E- rate program, including a provision that clarifies that E- rate applicants themselves, not just service providers, can be held responsible for wrong-doing. That provision had been sought by carriers in the program. E-rate helps pay for Internet connections and other communications programs at U.S. schools and libraries, as part of the federal Universal Service Fund. The new rules delegate to the Wireline Bureau chief the authority to resolve audits that uncover abuse, to tighten certification requirements for applicants and to set longer document retention requirements. FCC also is extending the “red light” rule barring beneficiaries or service providers from receiving additional benefits under the schools and libraries program if they have failed to satisfy obligations to repay into the fund. Many provisions address concerns raised by the FCC’s Inspector Gen. E-rate has come under fire on Capitol Hill because of many reports of abuses. House Commerce Committee Chmn. Barton (R-Tex.) pledged to push through reform legislation next year. His predecessor, former Chmn. Tauzin (R-La.), was also a harsh critic of the program who had investigated abuses. Comr. Abernathy said: “If we don’t prove that this [fund] is being used properly and appropriately then the program’s survival is at stake.” SBC said: “The E-rate program is an important tool for spreading technology to our nation’s school children and library patrons. SBC supports efforts to tighten up quality controls to ensure that the money gets to the people it is supposed to.”