Jimm Phillips

The House Cybersecurity Subcommittee cleared the National Cybersecurity and Critical Infrastructure Protection Act Wednesday, sending HR-3696 on to the full House Homeland Security Committee. The bill, which had the support of both Republican and Democratic committee leaders, would codify the Department of Homeland Security’s existing public-private collaboration on cybersecurity, but would not give the agency new powers. It would also allow new liability protections for companies that deploy anti-terrorism technology to also deploy cybersecurity tech. The subcommittee cleared HR-3696 with multiple amendments, including two that dealt with concerns stemming from recent data breaches at Target and other national retailers.

Top U.S. wireless carriers Verizon Wireless and AT&T told the FCC it should move forward with its original proposal to license the 600 MHz band and AWS-3 spectrum based on Economic Areas, rather than adopt the Competitive Carriers Association’s alternate proposal to license the spectrum based on Partial Economic Areas (PEAs). The PEAs, as proposed by CCA, would essentially be a subdivision of EAs and would be based on EA and Cellular Market Areas (CMA). The FCC had sought public input on the CCA proposal, which also has support from other rural carriers, and comments were posted online Thursday and Friday.

Capitol Hill reaction may be limited, despite criticism AT&T is facing from net neutrality advocates over the introduction Monday of the carrier’s “sponsored data” plan, said industry experts in interviews. Other national carriers are likely monitoring the criticism from advocacy groups and the Hill and may use that to determine when -- and if -- they will introduce similar plans, the experts said. Net neutrality advocates said the plan violates the spirit of net neutrality but question the extent to which the FCC’s Open Internet rules would apply (CD Jan 7 p2). House Communications Subcommittee ranking member Anna Eshoo, D-Calif., raised some concerns Monday about the AT&T plan, which she said in a statement “puts it in the business of picking winners and losers on the Internet, threatening the open Internet, competition and consumer choice."

The FCC should let network operators decide the best way to mitigate interference on the 3.5 GHz band, said a carrier, high-technology firms and other companies commenting on spectrum access systems for use on the 3550-3650 MHz band. SAS shouldn’t “directly control different aspects of the network,” T-Mobile said Monday (http://bit.ly/1ddo1fJ). Google and Microsoft also filed papers with the FCC on the technical aspects of the SAS in advance of a Jan. 14 workshop being hosted by the Wireless Bureau and the Office of Engineering and Technology. The FCC has targeted the band for shared commercial use.

The yet-to-be-introduced Cybersecurity Recruitment and Retention Act “aims to give [the Department of Homeland Security] hiring and retention authorities for cybersecurity professionals that are comparable to the ones allowed to the Department of Defense so that DHS can strengthen its workforce and more effectively carry out its cybersecurity mission,” a Senate Homeland Security Committee aide told us. The committee postponed a planned Dec. 18 markup of the bill and has not set a new timeline for action on the measure (CD Jan 6 p2). Committee Chairman Tom Carper, D-Del., and ranking member Tom Coburn, R-Okla., “hope to move a bipartisan measure, including legislation to enhance the ability of DHS to recruit and retain the cyber workforce it needs to protect the department and our nation, in the new year,” the committee aide said.

After Congress ended 2013 without enacting any major legislation to bolster cybersecurity, industry observers told us in interviews they see limited prospects for progress on such bills in 2014. Congress passed two spending bills that included some cybersecurity language, but did not complete consideration of marquee legislation addressing the issue, including the House-passed Cyber Intelligence Sharing and Protection Act (HR-624) and the Cybersecurity Act of 2013 (S-1353).

U.S. civil society groups are in the early stages of deciding how they will participate in important ITU-led communications forums set to occur in 2014, industry experts told us. Federal agencies responsible for formulating the U.S. government’s position on ITU issues are continuing to prepare for the 2014 forums, which will culminate in the ITU Plenipotentiary Conference Oct. 20-Nov. 7 (CD Dec 23 p9).

U.S. officials are continuing to plan for the upcoming World Telecommunication Development Conference, although the ITU hasn’t announced a new locale for the conference. The WTDC, held every four years, sets the agenda and guidelines for the ITU’s Development Sector for the following four years. The WTDC had been set for March 31-April 11 in Sharm el-Sheikh, Egypt, but the ITU decided to move the conference because of continuing political instability in the country, an industry observer told us.

The scope of the FTC’s proposed study of patent assertion entities is “far broader than necessary to serve the proper performance of the functions of the FTC,” said InterDigital in a filing to the FTC released Wednesday (http://1.usa.gov/1ho7tkd). The FTC voted in September to begin exploring a proposed PAE study, which it would launch using its authority under Section 6(b) of the FTC Act (CD Sept 30 p15). InterDigital said it doesn’t believe it’s a PAE as the FTC defined it in its study proposal, though many of the company’s critics have defined it as one. The FTC defined PAEs as “firms with a business model based primarily on purchasing patents and then attempting to generate revenue” by asserting their intellectual property rights “against persons who are already practicing the patented technologies.” Intellectual property groups and other companies often defined as PAEs also expressed significant concerns with the proposed study.

A fatal Metro-North Railroad crash in New York City this month renewed public awareness about implementation of the positive train control safety system, but PTC stakeholders told us they don’t believe the crash will ultimately change the dynamics of the technology’s implementation at the FCC and other agencies. The Rail Safety Improvement Act of 2008, which required railroads to implement PTC communications systems, gives nearly all responsibility for implementing PTC to the Department of Transportation and the Federal Railroad Administration, said an FCC official. But the FCC has been facilitating the deployment of some PTC technologies because they involve spectrum, said an official there.