State Commissioners Discuss Regulatory Role

This week, state regulatory commissioners met in Washington, DC for the National Association of Regulatory Utility Commissioners’ (NARUC) winter.  I had the opportunity to attend the conference and heard an interesting panel discussion on the regulatory functions of state regulators pertaining to some important telecommunications issues for consumers.

State Commissioners John Burke (Vermont), Anne Boyle (Nebraska) and James Cawley (Pennsylvania) discussed the transition to an all IP network.  The Commissioners emphasized their role as an important buffer between the companies and consumers and need to help resolve any consumer complaints.  Commissioners Burke and Boyle spoke about working together with the FCC, and serving as an important resource for consumers on the state level.  Commissioner Boyle stated that there is no regulatory one-size-fits-all policy for resolving issues.

Technology and the Sochi Olympics

The Winter Olympics in Sochi are about to begin, and, as this significant event takes place, here’s an important question from a technology standpoint:  will all the smartphones, tablets and wireless devices brought by the estimated 213,000 visitors cause the city’s wireless networks to overload?

It’s happened before.  Two years ago at the London Olympics, so many spectators watching the men’s road cycling race were streaming, downloading and tweeting that officials couldn’t access information from the bikers’ GPS chips.  Officials were in the dark about basic details such as how far back the chasing pack was from the leaders. As a result, an International Olympic Committee spokesman announced that mobile usage at the games was interfering with television coverage and asked spectators to limit their texts and tweets.

This same dynamic involving spiraling wireless usage and the prospect of overloaded data networks at Sochi is a real prospect here in the U.S.  A year ago, according to Nielsen, the average U.S. consumer used 733 MB of data a month and the amount has most certainly grown since that time.

The last three years have seen millions of mobile users flock to new video services such as Vine, Snapchat and Instagram. Last June, when the Miami Heat won its NBA title, Instagram users uploaded 40 hours of mobile video per minute and 5 million mobile videos in 24 hours.

However, while data wireless usage has skyrocketed, the federal government has not made any significant portion of the country’s airwaves available for mobile users since 2008, even as the percent of Americans with smartphones has gone from 20 percent to 65 percent – incredible growth.

Finally, there is a major spectrum auction planned for 2015 and the stakes are high.  For the FCC, one of the auction issues is determining if any carriers will be restricted from bidding which could detrimentally impact their wireless users who could lose faster speeds of services

There are other risks involved from restricting bidders from the auction that are of great concern. First, Congress mandated that revenues from this spectrum auction fully fund the build out of FirstNet, a national interoperable public safety network for first responders.  Without the money that comes from robust, dynamically competitive auction bidding, this critical network could go unfunded, leaving emergency personnel without access to necessary high-speed broadband networks.,  Second, there’s also the additional potential hit to taxpayers from lost auction revenue that would go toward debt reduction – reported to be as much as $12 billion.

The anticipated extensive use of mobile devices by Americans keeping track of their favorite sports and athletes at the Sochi Olympics offer us the opportunity to consider the extent of innovation in our mobile networks – and reminds us of just how important this is to consumers today.  It is crucial that the FCC adopt an auction regulatory framework that produces the best results for consumers, public safety, and the economy.

Facebook Turns Ten

Happy Birthday Facebook! You are 10 years old today – a mere decade – and look how you have grown. In its early days, Facebook was just for college students. Now, the fastest growing new users of the social network are adults, age 45 to 54. While just about everyone knows about Facebook, the facts about the social network’s growth in just ten years are even more astounding: 1.23 billion active monthly users worldwide, 201.6 billion friend connections, and 6 billion “likes” on Facebook a day.

However, there have been a number of privacy concerns for Facebook users over the years. The use of personal information, and whether or not that information should be provided to third parties continues to be a significant concern for users. Facebook does make tools available to its users to help protect their privacy, but the privacy concerns are still raised within the social network. I know it’s important for users to be aware of these privacy protections and to use the tools to manage the information shared.

Facebook has a short, but impressive history of building a social network that has served a world of users connecting with friends and family. It will be interesting to see how it will continue to build and grow in the future.

FCC Acts to Move Forward on IP Transition Trials

In the fall of 2012, AT&T filed a petition at the FCC to request IP transition trials in a limited number of areas, and now the Federal Communications Commission will finally make this concept a reality. At yesterday’s Commission meeting, the FCC Commissioners’ vote was unanimous to approve experiments – or trials – testing the move from plain old telephone service to all IP services.

Chairman Wheeler was clear that these trials are not just technology trials. Instead, the trials will focus on the values of communications’ services, and how to preserve and protect the fundamental values of public safety, access to affordable service, consumer protection, and competition. The Commissioners’ all expressed optimism about the process that will soon unfold. Commissioner Rosenworcel stated that the right approach to an IP transition must be informed by values, which will be upheld during these experiments. She added that she is confident that technology is up to the task of meeting the challenges. Commissioner Pai stated that he is optimistic that the trials will be a success. The trials, he indicated, are but one step on the path to the IP transition, and we must still act on consumer protections and resolve outdated regulations.

The FCC is hoping that many providers will participate in the trials (proposals are due February 20) and final decisions will be made at the FCC’s May meeting. I think this is an important decision for consumers. The trials will include many different stakeholders and will be overseen by the FCC; these trials are designed to help determine how to more effectively move forward with the IP transition, and ultimately bring the benefits of advanced services to all consumers nationwide.

 

Viva Las Vegas… and CES

Earlier this month, I attended the 2014 Consumer Electronics Show (CES) in Las Vegas.  With over 150,000 people in attendance, from all over the world, it was an incredible experience.  The technology one has an opportunity to view ranges from the simple (audio speakers and headphones) to the more sophisticated software with applications that are truly innovative.  There were innovative electronic devices for smart cars, smart homes, smart phones, smart tablets, … smart everything!

One of the more popular areas of the CES show floor were the robotics, with flying drones that moved in precision to music and could take videos from several different angles.  The 3 dimensional printers were also very popular this year, after having made their initial launch last year.  In one year, the 3D printer technology has exploded and several companies are now offering personal 3D printers for home or small business use.  While I was sampling a piece of candy that was “printed” on a 3D printer, Martha Stewart (!) came by to see how the printers could be used as an arts and crafts and cooking tool.

Innovations in technology are also helping consumers improve their health and fitness and an entire area of the show was devoted to digital health.  While many of us are familiar with activity trackers such as Jawbone and Fitbit, I found many other fitness tools in the digital health section that can help individuals who may have special health needs such as diabetes or high blood pressure.

In addition to the technology on display on the show floor, there were many policy panel discussions.  FCC Chairman Wheeler had a one-on-one dialogue with CEA’s President Gary Shapiro.  The Chairman spoke about the upcoming incentive spectrum auctions, the IP transition, and several other issues on the FCC’s agenda such as the e-rate and disability access to technology.  The other four Commissioners participated on another panel and continued the discussion on some of these issues, as well as the topic of an open Internet.

CES is a truly amazing experience.  The level of innovation that is happening today is overwhelming.  It is important to note that so many of these devices that have been developed, or that will soon be in consumers’ homes and hands, will need reliable networks to operate.   So I can see firsthand how important it is to consumers to make more spectrum available.  This is an important goal for us to all work toward.

Court Decision on Net Neutrality

On January 14th,  the U.S. Court of Appeals for the District of Columbia issued its decision in the case of Verizon v. FCC, with regards to the FCC’S net neutrality rules.  The decision basically strikes down the Commission’s anti-blocking and anti-discrimination net neutrality regulations on Internet service providers.  You can check out the Court’s decision here: http://www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf

 

FCC Presentation on IP Transition

Last week was quite a week for the Federal Communications Commission and the new Chairman, Tom Wheeler.  Not only did all five Commissioners testify before the House Energy and Commerce Committee on the full slate of issues before the agency, but also on the same day this week they held a monthly meeting that addressed some important issues for consumers.  While one issue clearly got all the press – the question of whether or not we will be able to make calls on airplanes in the near future – there was another agenda item of significant interest to consumers:  the IP transition.

I attended the FCC’s meeting and listened to the presentation from the FCC’s Technology Transitions Policy Task Force.  The Task Force staff outlined its recommendations for experiments – or trials –, which the Commissioners will vote on in January at their next monthly meeting (to be held on January 30th). The trials will help determine any issues related to the transition to Internet Protocol delivery of network services – a transition that has been ongoing for some time already, bringing advanced services to consumers.  It was great to hear that the Commission is interested in conducting these trials and getting them done in an expeditious manner.

Assuming the January order is approved, and based on the positive statements from all Commissioners, the Task Force indicated the order would include short timelines to expedite the process.  I was also pleased to hear that the trials will focus on the consumer impact.  At the meeting, the FCC also announced that the agency would partner with the National Institute on Aging to collaborate on research into the use of IP technology to improve and make more accessible telecommunications services that can benefit older adults with hearing disabilities or deafness.  Chairman Wheeler announced that he expects there will be other agency collaborations on the IP transition.

I think it’s great that the FCC is taking the first step to move forward on determining how to address any consumer issues related to the ongoing IP transition and I look forward to more information to come with the January order.

Senate Panel on Spectrum Auctions

Interesting hearing today before the Senate Commerce Committee on Commerce, Science and Transportation on “Creating a Successful Incentive Auction: Stakeholders’ Perspectives.” The witnesses represented a balanced perspective from industry and government.

Gary Epstein, the FCC’s Chair of the Incentive Auction Task Force and Special Advisor to the Chairman, spoke about the Commission’s expectation to present policy recommendations on the spectrum auction by early next year. AT&T’s Vice President of Federal Regulatory Affairs, Joan Marsh, spoke about the importance of an open and unrestricted spectrum auction. Unrestricted auctions are most successful, raising more revenue and resulting in a greater number of bidders. She added that if there are any limits, they need to be applied neutrally and fairly to all auction participants. Harold Feld, Public Knowledge, spoke about having the spectrum be a win-win-win: increasing unlicensed and licensed spectrum, and increasing competition.

All of the witnesses were in agreement that FCC Chairman Wheeler’s delay of FCC spectrum auction action to 2015 was the right decision. There is a great deal at stake for the both industry and consumers.

Preston Padden (Executive Director, Expanding Opportunities for Broadcasters) said the single most important element of the entire auction is the first step to get broadcasters in the door and then figure out the right price for their spectrum. Rick Kaplan (National Association of Broadcasters) added that you have to get the software right as well.

I imagine there will be more Congressional panels on this topic, to address the important questions the spectrum auction raises for the wireless industry and consumers.

A Conversation with PPI’s Digital Pioneers

The Progressive Policy Institute (PPI) sponsored a program this week that was a conversation with America’s digital policy pioneers on the topic, “Enabling the Internet.”  For me, it was a walk down memory lane.  The conversation focused on the development of the Telecommunications Act of 1996 and implementation years after the Act in the late 90’s and early 21st century.  I was representing state consumer advocates during the drafting of the Telecom Act, and also active in the years of implementing the Act that followed.  It was a fascinating discussion.

The “policy pioneers” included:  Former FCC Chairmen William Kennard and Michael Powell, Former NTIA Administrator Larry Irving, Ambassador Karen Kornbluh, and Ira Magaziner, Former Senior Advisor on Policy Development to President Clinton.  Larry Downes, Internet industry analyst and author, served as the moderator of this illustrious panel.  Before the panel kicked-off, PPI’s President and Founder, Will Marshall spoke about the critical importance of a free and open Internet.  Competition, not regulation, and wise policy decisions have led to a vibrant Internet, he stressed.  It’s an important message that was repeated by several of the panelists during the evening discussion.

During the discussion with the digital policy pioneers, another common statement was one first made by Chairman Kennard: it’s important to “first do no harm.”  In speaking about any efforts toward regulation, he said it was important not to create distortion in the market.  Chairman Powell spoke about the difficulty of how to treat new technologies, and having the courage to respect innovation and have regulatory restraint.  As we look back at that point, it was an important concept, and one that allowed the Internet to become what it is today.

Larry Irving spoke about the challenges going forward and one of those is the need for more spectrum and figuring out the right regulatory models for investment.  The other digital pioneers spoke about concerns about the global Internet and risks around the world to Internet freedom and openness.  Chairman Powell also expressed concern about cyber threats and privacy, now that everything is on the Internet.

I thought it was a great conversation.  This step back to look at the legislative and regulatory history of the Internet will help guide us as we step forward.

Technology and Healthcare in the 21st Century

I have continued to follow the topic of how technology is changing the delivery of health services and just went to another program on this topic this week.  The forum on healthcare, held at George Washington University, was on “Improving Access and Outcomes for Patients through 21st Century Technology.”

There was an interesting panel of health professionals and a tech expert discussing how technology is making an incredible difference in patient care.  Dr. Ivor Braden Horn, of the Children’s National Medical Center, spoke about how iPads are a great device for keeping track of the elderly.  They give remote caregivers an opportunity help older individuals age in place.  She also spoke about how technology can be used to improve care, reduce costs, and be a tool for preventative care.  Dr. Jinha Park, Director of MRI and Radiology Research at the City of Hope, discussed how mobile applications have made it possible for surgeons and radiologists to communicate and improve patient care.

Mobile Future’s Jonathan Spalter spoke about how the exploding “Internet of Things” will connect our home appliances, cars, etc.  Wireless technology is also now helping to manage type I diabetes in implantable devices.  I find it amazing to hear about the ongoing developments in healthcare thanks to technology.  The Federal Communications Commission will be holding a mHealth Expo tomorrow with demonstrations from leading health tech companies.  It will be interesting to see what else is being offered to consumers in this exciting field.

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