Broadband Law Advisor Blog : Broadband Lawyers & Attorneys : Davis Wright Tremaine Law Firm : National Broadband Plan Adoption & Infrastructure Updates

Yesterday the FCC's Consumer and Government Affairs Bureau released a Public Notice seeking comments to refresh the record on closed captioning that was last addressed in the Commission's 2005 and 2008 Closed Captioning NPRMs.  As recognized by the Commission, much has happened since those proceedings, both technologically and regulatory.  As directed by the recently enacted 21st Century Communications and Video Accessibility Act (which we blogged about earlier here, and discussed in DWT's Advisory here), the FCC's rules must be revised to extend closed captioning to the Internet within 6 months of the Advisory Committee's report on closed captioning, which must be released by October 2011.  As we noted earlier, the Advisory Committee must be formed by December 8, and hold its first meeting by April 2011.  

The revised closed captioning rules will necessarily require a new closed captioning rulemaking proceeding, and presumably, the Commission is gathering information now to determine what the forthcoming rulemaking proceeding will look like.  Some of the issues that the Commission seeks to refresh include:

• Whether to establish quality standards for non-technical aspects of closed captioning, including whether different quality standards should apply to live and pre-recorded programming;

• The need for mechanisms and procedures over and above the "pass through" rule, and whether there should be a per violation forfeiture amount for non-compliance;

• Whether the FCC should revise its rules to disallow the use of electronic newsroom technique for certain DMAs;

• How the section 79.1(d)(12) exemption for channels producing revenues of less than $3 million should apply to digital mulitcast, specifically, the ramifications of treating each multicast stream as a separate channel for purposes of the exemption.

Comments are due November 24.  Reply comments are due December 9.

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Last week saw announcements by NTIA Administrator Strickling and FCC Chairman Genachowski which turn the current broadband plan focus back towards freeing up airwaves for wireless broadband services.

The NTIA will recommend that the federal government reallocate 115 MHz of spectrum – currently used for weather satellite and military radar systems – for wireless broadband. This represents a starting point towards the goal of reallocating 500 MHz of spectrum for broadband over the next 10 years. Among the bands identified for reallocation are 1675-1710 MHz, which could be paired with the unauctioned AWS-3 band, and 3550-3650 MHz, which is adjacent to an allocation previously designated for WiMAX and other wireless broadband deployments.

The FCC plans to take up three wireless spectrum items at its November open meeting. First, the FCC will propose rules for “incentive auctions” designed to financially reward certain spectrum licensees (primarily broadcasters) for relocating or ceasing operations to make room for expanded wireless broadband networks (more on that at our sister site, the Broadcast Law Blog). Second, the FCC will propose rules expanding its experimental licensing program to make it easier for research and development efforts to field test new wireless technologies. Finally, the FCC will inquire into how new wireless communications advancements, such as sensing technologies or improved spectrum databases, could facilitate more opportunistic uses of spectrum via secondary markets and dynamic spectrum leasing arrangements.
 

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The FCC yesterday released a Public Notice initiating the first of what will be several proceedings to implement the requirements of the new 21st Century Communications and Video Accessibility Act, which we wrote about earlier here and here. The Notice focuses on the "advanced communications" component of the Act, which the Act defines to include interconnected and non-interconnected VoIP services, electronic messaging service, and interoperable video conferencing service.  The Act in general directs the FCC to implement regulations to ensure that advanced communications devices and services are accessible to the disabled community, including rules related to hearing aid compatibility. 

The Notice seeks comment to interpret the following aspects of the Act:

• New definitions for non-interconnected VoIP, electronic messaging service, and interoperable video conferencing service;
• The meaning of the term "achievable" in the context of whether compliance by device manufacturers and service providers is "achievable";
• Identification of third party applications, peripheral devices, software, hardware, or CPE that may be used to access the features of a device or service;
• Whether the term "devices commonly used by persons with disabilities" means specialized equipment or mass market devices and software;
• How to interpret the requirement that service providers may not install network features, functions or capabilities that impede accessibility to advanced communications services;
• Performance objectives for measuring access to advanced communications services and devices;
• What "information content" must be accessible by advanced communications services and devices; and
• Safe harbor parameters for service providers and device manufacturers;

The Notice further seeks comment on addressing accessibility obligations for equipment that may use telecommunications (subject to Section 255) and advanced communications services (subject to new Section 716); scope of exemptions for features, equipment, or class of features or equipment; and just how far must a device or service be accessible given that the Act does not require manufacturers or providers "to make every feature and function of every device or service accessible to every disability." (Emphasis added).

Comments are due November 22, 2010.
Reply comments are due December 7, 2010.
 

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By Paul Glist and Paul B. Hudson

On Oct. 14, the Federal Communications Commission (FCC) adopted an Order revising its CableCARD rules to address perceived “short-term” CableCARD issues. All cable operators need to review the new rules carefully, as every operator will need to implement changes to their provisioning systems.

As we have previously advised, the FCC initiated this proceeding to “fix” perceived “short-term” issues with CableCARDs used in retail set-top boxes such as TiVos, while the FCC continues to consider longer-term reform aimed at creating retail devices that would work with all multichannel video providers.

The Order provides all cable operators with the opportunity to deploy integrated one-way high-definition digital terminal adapters (which can assist in converting cable systems to digital). It also provides operators with alternatives to the existing requirement to include an IEEE 1394 connector in every HD set-top device.

In addition, the Order imposes obligations to support retail CableCARD devices in new ways, including allowing self-installation of CableCARDs, and providing discounts from bundled package prices when customers use their own retail device rather than a leased set-top included in the package.

(continue reading....)

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In today's open meeting, the FCC unanimously adopted an NPRM that proposes to create a new universal service program, the "Mobility Fund," that would provide subsidies to mobile providers in areas of the country currently lacking 3G coverage. They have proposed to fund this effort with a one-time allocation of $100-300 million, funded by USF money reclaimed from Verizon Wireless and Sprint. The FCC has proposed to allocate the funds through a reverse auction mechanism.

Look for a DWT Advisory with analysis of the NPRM that was just released by the FCC.  In the meantime, you can read the FCC's news release summarizing the NPRM here.  A copy of the NPRM is available here.

UPDATE: The DWT Advisory: "FCC Seeks Comment on New Mobility Fund" is now available here.

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On October 12, the U.S. Government Accountability Office released its report on the state of broadband in developed countries.  According to the report, the GAO was asked to address:

1. The status of broadband deployment and adoption in developed countries,
2. Actions selected countries have taken to increase deployment and adoption, and
3. How recommendations in the National Broadband Plan align with the selected countries' actions.

The GAO analyzed information from 30 developed countries, with a focus on 7 countries and their broadband policies. The report found that deployment in the U.S. is actually comparable to deployment in developed countries - the vast majority of countries studied had over 90 percent broadband deployment.  Adoption rates, however, were found to vary considerably among countries based on various factors such as cost, computer literacy, and population.

The report found that the 7 focus countries, including Canada, Japan, and the UK, have all taken certain actions to help increase broadband deployment and adoption, including:

1. Instituting plans and policies,
2. Providing funds through public/private partnerships,
3. Increasing competition,
4. Expanding online services, and
5. Providing digital literacy training, consumer subsidies, or both.

In particular, the report found that increasing competition has led to increased broadband adoption in these countries due to more consumer choice and competitive prices, and that lowering deployment and consumer costs through universal service funds and consumer subsidies can facilitate adoption.

The full report is available from the GAO's website here.

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by Paul Glist and Brian Hurh

On Oct. 8, 2010, President Obama signed into law the Twenty-First Century Communications and Video Accessibility Act of 2010 (Act), coinciding with the 20th anniversary of the Americans with Disabilities Act.

Among other things, the Act (1) extends closed captioning requirements to video programming distributed on the Internet; (2) reinstates the Federal Communications Commission’s (FCC’s) video description regulations; and (3) requires customer digital equipment, including navigation devices (in particular, cable set top boxes), to accommodate accessibility features for closed captioning, video description, emergency information, user interfaces, and video guides and menus.

The Act phases in these various requirements after an Advisory Committee submits its recommendations to the FCC, and the FCC adopts regulations to implement the recommendations and the requirements of the Act. A timeline summarizing these events is available here.

(Continue reading...)

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Moments ago, President Obama signed into law the Twenty-First Century Communications and Video Accessibility Act of 2010.  Among other things, the Act reinstates the FCC's video description rules, which were first adopted in 2000 but struck down by the D.C. Court of Appeals, and extends the FCC's closed captioning rules to the Internet. 

For further discussion of the Act, please read Brendan Holland's blog on our sister site, the Broadcast Law Blog.

DWT will also be issuing an in-depth Advisory on the Act's video description and closed captioning rules, so stay tuned.

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