Sixty tech companies, including Cisco, Ericsson and IBM, wrote FCC commissioners and congressional leaders Wednesday saying a Communications Act Title II approach on net neutrality could mean a $45.4 billion drop in capital investment over the next five years, a Telecommunications Industry Association news release said. “The robust support for this letter demonstrates that Title II is a significant threat to the tech companies that build and support the Internet,” said Scott Belcher, CEO of TIA, which organized the letter, in the release. “These companies are at the heart of our economy, and are driving the innovation and investment that has made the Internet the revolutionary force it is today. This letter sends an unambiguous message that reclassifying Title II would be detrimental to today’s Internet, harming consumer, job creation and economic growth,” Belcher said. “Title II would lead to a slowdown, if not a hold, in broadband build out,” the letter said, “because if you don’t know that you can recover on your investment, you won’t make it. The investment shortfall would then flow downstream, landing first and squarely on technology companies like ours, and then working its way through the economy overall.” Groups advocating a Title II approach dismissed the letter. “The companies that hope to profit from a non-neutral net by selling hardware and software that support prioritization hate the idea of an open Internet. Shocking,” said Public Knowledge Senior Vice President Harold Feld. "There are a couple of four-letter words that leap to mind," said Free Press Policy Director Matt Wood in an email. “Zero, and dumb.” The companies, “who chiefly supply hardware and spying technology to broadband providers, obviously have no problem parroting ISPs' empty claims about Title II," said Wood. "But there is zero evidence to support them.” Free Press also announced it will hold a rally before the commission’s Thursday morning meeting urging quick adoption of net neutrality rules under Title II, a release said. FCC Chairman Tom “Wheeler claims he needs more time to mull over Net Neutrality, but he should have all the info he needs right now to safeguard the open Internet,” Free Press Field Director Mary Alice Crim said in the release. “Americans can't afford any further delays. The overwhelming public support for Title II protections is all the agency needs to take immediate action."
The FCC is listed as the ninth-best mid-sized federal agency to work for in an online list put together by the Partnership for Public Service. Created by polling civil servants, the overall list ranks the FDIC as the best of the 25 agencies in the FCC's size category, and the Department of Housing and Urban Development as the worst. Overall, the survey's findings show “a decline in federal employee satisfaction with their jobs and workplaces for a fourth consecutive year,” said the website. Governmentwide, federal employee job satisfaction and commitment fell 0.9 points to a score of 56.9 out of 100.The FCC's fell 3.9 points, but at 67.4 is still higher than average. The FTC is number four on the list of mid-size agencies.
Neustar officials told FCC Public Safety Bureau Chief David Simpson and other public safety and Wireline Bureau staff Nov. 25 that a “hurried” transition to a new local number portability administrator would bring “real and pressing” dangers to public safety and national security, said an ex parte filing posted Friday in docket 09-109. "Neustar's claims that it is the only entity that can operate a safe and secure number portability database are just bunk," Telcordia counsel John Nakahata said in a statement to us on Friday. Neustar's filing urged the commission to release an amended request for proposal (RFP), requiring both Neustar and Telcordia to establish their ability to comply with the National Institute of Standards and Technology Cybersecurity Framework, saying the LNPA selection is the first opportunity to ensure the framework is utilized in major changes to national infrastructure. The bidders should also show their ability to maintain and administer the Local Number Portability Enhanced Analytical Platform (LEAP), Neustar said. The RFP failed to address how the service would be transitioned to a new provider, specify performance requirements, explain how or when a transition would take place, or establish a plan for law enforcement to test and certify a new LEAP platform, Neustar said. The revised request should also require bidders to show how they’d ensure the continued accuracy of 911 services, the filing said. Neustar has provided Port PS, a free, proprietary service, to 911 providers that allows them to update location information after a phone number has been ported and ensure that emergency services can accurately determine a caller’s location, Neustar said. The service wasn't considered in the original RFP, the company said. Neustar was represented at the meeting by, among others, Lisa Hook, president, and Len Kennedy, senior vice president-general counsel. Nakahata, of Wiltshire & Grannis, said, "Telcordia can and will deliver a safe and secure solution that protects consumers and carriers, while providing needed access for national security, law enforcement and public safety." The best way to ensure "a safe and secure" Number Portability Administration Center "at the best possible price" is to finish the selection process based on the North American Numbering Council's recommendations, "and to let the industry and Telcordia move forward with contract negotiation and implementation," Nakahata said.
FCC Chairman Tom Wheeler poked fun at his fellow commissioners and the White House’s decision to weigh in hard on net neutrality, in comments at the FCBA Chairman’s Dinner Thursday. Wheeler noted that staff at the Washington Hilton wanted to clear the room by 10 p.m. and told him he should keep his remarks short. “I told them I lead an independent agency and nobody tells us what to do,” he said. Referring again to net neutrality, Wheeler joked that his initial remarks had been drafted by Mozilla, with edits from President Barack Obama. Wheeler recalled his first dinner last year came briefly after he started as chairman. “I was being pilloried by all sides in Congress for my cellphones on planes policy,” he said: “I think of that controversy as the good old days.” Republicans in Congress profess a belief in limited government, he joked: “I hope they’re going to exercise that when it comes to oversight hearings.” Comcast, Verizon and, especially, broadcasters all came in for Wheeler barbs. Three different times, Wheeler made fun of localism, showing TV reporters delivering virtually the same lines in different markets. He took a shot at NAB General Counsel Rick Kaplan, former chief of the Wireless Bureau. “There’s a former FCC staffer, who you all know, who helped design the incentive auction while he was at the FCC, and now it’s the worst idea he’s ever heard,” Wheeler said. Kaplan fired back on Twitter. Wheeler’s “localism bit would have been funny (1x) if he didn't actually believe the caricature,” Kaplan tweeted.
The U.S. Court of Appeals for the D.C. Circuit granted an FCC request (see 1411260051) for an expedited briefing schedule in the court’s consideration of programmers’ petition for review of the commission’s confidentiality policies in the AT&T/DirecTV and Comcast/Time Warner Cable transactions, said an order issued Monday. Final briefs in the case are due Jan. 13, as was requested by the FCC and consented to by the programmers. Oral argument would be some weeks later. The FCC has pushed for the case to be resolved quickly to allow the reviews of the Comcast/TWC and AT&T/DirecTV to be completed quickly.
Correction: AT&T and Mobile Future, not Google, disputed petitions for reconsideration from CCA, CCIA and T-Mobile (see 1411250047).
The FCC Public Safety Bureau granted several media entities temporary waivers from installing operational equipment that can receive and process emergency alert system alerts formatted in the Common Alerting Protocol. Citizens Telephone Co., CMA Communications, JB Cable TV and other entities were granted waivers, while the bureau dismissed waiver petitions filed by Allegiance Communications and James Cable, it said in an order. Granting waivers to some of the petitioners “is justified in light of their underlying circumstances,” it said. The small cable systems covered by the Allegiance and James Cable petitions were bought by Vyve, “which has filed its own waiver requests covering these systems,” the bureau said. The bureau also granted similar waivers to Charter Communications, Comcast, Kenai Broadcasting and other petitioners, it said in another order. The petitioners continued to operate legacy EAS equipment at all times, “thus, the public was not deprived of EAS alerts,” it said.
Bingham McCutchen and Morgan Lewis are combining, the law firms said Monday. The deal includes 226 partners and 525 other lawyers and staff from Bingham, said Morgan Lewis in a news release. It said "Morgan Lewis gains new or expanded capabilities by welcoming top-tier lawyers who counsel clients in areas including telecommunications," intellectual property and antitrust. All of Bingham's Telecom, Media & Technology (TMT) group will continue at Morgan Lewis, said an email from Bingham TMT lawyers Andy Lipman and Catherine Wang.
Clarification: NAB Executive Vice President-Strategic Planning Rick Kaplan didn't take a position on the outcome of the AWS-3 spectrum auction (see 1411200041).
"The big dogs are going to sue” in opposition to any net neutrality regulations, FCC Chairman Tom Wheeler said, and the agency “needs to make sure we have sustainable rules” that could survive a court challenge. Responding to several questions from reporters about net neutrality after Friday’s commission meeting, Wheeler gave no timeline. He said he wanted to create net neutrality rules “with dispatch, but I also want Open Internet rules that are going to be sustained.” To do that, he said the agency has “to address a multitude of issues that are likely to be raised.” Wheeler said he hasn't been in touch with President Barack Obama since the president released a statement backing a Title II approach to Internet regulation (see 1411100035), and said Obama “has every right” to express his perspective. Asked about the potential for legislation from the Republican Congress reining in the agency’s authority, Wheeler said he has “a good relationship” with both sides of the aisle.