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2009/TEL39/PLEN/017
Agenda Item: 5
US Policy and Regulatory Update
Purpose: Information
Submitted by: United States
39th Telecommunications and Information Working Group Meeting – Plenary SessionSingapore16 - 18 April 2009
THIRTY-NINTH MEETING
APEC TELECOMMUNICATIONS AND INFORMATION WORKING GROUP
APRIL 2009
REGULATORY AND POLICY UPDATE
UNITED STATES OF AMERICA
THE EXECUTIVE BRANCH
New Leadership
U.S. Senate Confirms Gary Locke as Commerce Secretary
The U.S. Senate confirmed Gary Locke as the 36th Commerce Secretary by unanimous consent on March 24, 2009. Secretary Locke will be a key member of President Obama’s economic team and will be an influential ambassador for American business and industry abroad. Locke is the first Chinese American to serve as Commerce Secretary. Locke will oversee a department that, under the American Recovery and Reinvestment Act, is charged with expanding the country’s broadband infrastructure, bringing economic development to communities hardest hit by the recession.
New Deputy Assistant Secretary for Communications and Information
The U.S. Commerce Department’s National Telecommunications and Information Administration (NTIA) announced on February 3, 2009, the appointment of Anna Gomez as the Deputy Assistant Secretary for Communications and Information, and Deputy NTIA Administrator. Ms. Gomez comes from Sprint Nextel where she served as Vice President, State and Federal Regulatory, Government Affairs. Prior to her work in private industry, Ms. Gomez worked at the Federal Communications Commission (FCC) in various management positions including Chief, Network Services Division, Common Carrier Bureau and most recently as Deputy Chief of the International Bureau. Ms. Gomez also served as a Senior Legal Advisor to former FCC Chairman William Kennard. Prior to her work at the FCC, Ms. Gomez served as the Deputy Chief of Staff in the National Economic Council during the Clinton Administration. Ms. Gomez also served as Staff Counsel in the U.S. Senate for the Subcommittee on Communication, Committee on Commerce, Science and Transportation.
Janet Napolitano is new Secretary of the Department of Homeland Security
Janet Napolitano was sworn in on January 21, 2009 as the third Secretary of the Department of Homeland Security. Prior to joining the Obama Administration, Napolitano was mid-way through her second term as governor of the state of Arizona. While governor, Napolitanobecame the first woman to chair the National Governors Association, where she was instrumental in creating the Public Safety Task Force and the Homeland Security Advisors Council. She also chaired the Western Governors Association. Napolitano previously served as the Attorney General of Arizona and the U.S. Attorney for the District of Arizona.
Jane Holl Lute Confirmed as Deputy Secretary of Department of Homeland Security
On April 3rd, the U.S. Senate confirmed President Obama’s nomination of Jane Holl Lute to become the Deputy Secretary of the Department of Homeland Security. Ms. Lute will serve as the second-most senior official at the Department led by Secretary Janet Napolitano.Jane Lute has overthirty years of military and senior executive experience in the United States government and at the heart of efforts to prevent and resolve international crises. Ms. Lute served as Assistant Secretary-General of the United Nations (UN), responsible for support to peacekeeping operations. In this capacity, Ms. Lute managed operational support for the second-largest deployed military presence in the world. At the UN, Ms. Lute led rapid-response support to a wide variety of operations and crises in some of the most remote, austere, and dangerous environments in the world. She also effectively directed the growth of UN Peacekeeping support from a $1.8 billion to nearly $8 billion operation. Prior to joining the UN, Ms. Lute served on the National Security Council staff under both President George H.W. Bush and President Bill Clinton.
Broadband Technology Opportunities Program
The U.S. Congress has appropriated $4.7 billion to establish a Broadband Technology Opportunities Program (BTOP) for awards to eligible entities to develop and expand broadband services to unserved and underserved areas and improve access to broadband by public safety agencies. Of these funds, $250 million will be available for innovative programs that encourage sustainable adoption of broadband services; at least $200 million will be available to upgrade technology and capacity at public computing centers, including community colleges and public libraries; $10 million will be a transfer to the Office of Inspector General for the purposes of BTOP audits and oversight. Up to $350 million of the BTOP funding is designated for the development and maintenance of statewide broadband inventory maps.
BTOP Website: http://www.ntia.doc.gov/broadbandgrants/index.html
DTV Converter Box Coupon Program Update
There are several improvements to the TV Converter Box Coupon Program intended to help U.S. consumers prepare for the shut off of analog broadcasts by June 12, 2009. These changes are a result of the DTV Delay Act and made possible through funding provided by the American Recovery and Reinvestment Act of 2009, signed into law by President Obama on February 17, 2009. First, the Coupon Program is now accepting applications from consumers whose coupons expired without being redeemed. Second, the Coupon Program has completed processing approved coupon applications that were placed on a waiting list beginning in January 2009. Consumers who had been approved for coupons, but put on the waiting list due to lack of program funds will be issued coupons. Consumers who apply for a coupon and are approved after the waiting list is eliminated will be handled on a first-come, first-served basis, while supplies last. Third, the Coupon Program is mailing coupons via first-class mail, so consumers will receive coupons more quickly. Fourth, the application deadline has been extended until July 31, 2009, if funds are available to fill those requests.
TV Converter Box Coupon Program Website: https://www.dtv2009.gov/
FEDERAL COMMUNICATIONS COMMISSION
Web site: http://www.fcc.gov/headlines.html
New Leadership
On January 22, 2009, President Barak Obama designated Commissioner Michael Copps to be Acting Chairman of the Federal Communications Commission (FCC). Mr. Copps has been a Commissioner at the FCC since May 2001.
On March 3, 2009, President Obama nominated Julius Genachowski to be Chairman of the FCC. Mr. Genachowski must be confirmed by the Senate before he can assume the role of Chairman. In addition to his work in the private sector, he was formerly a senior official at the FCC, and also served as a law clerk to a U.S. Supreme Court Justice. He received his JD from Harvard Law School and a BA from Columbia College.
Competition Reports
January 16, 2009
FCC Releases Annual Report on the Status of Competition in Wireless Industry
The FCC released its Thirteenth Annual Report to Congress on the state of competition in the United States mobile telephone – or Commercial Mobile Radio Services (CMRS) – industry. The report concluded that consumers continue to reap significant benefits – including low prices, new technologies, improved service quality, and choice among providers – from competition in the CMRS marketplace, both terrestrial and satellite CMRS. The metrics involved indicate that there is effective competition in the CMRS market and demonstrate the increasingly significant role that wireless services play in the lives of American consumers. In particular, the metrics indicate that wireless technology is increasingly being used to provide a range of mobile broadband services.
January 16, 2009
FCC Releases Annual Report on the Status of Competition in the Market for the Delivery of Video Programming
The FCC released its Thirteenth Annual Report to Congress on the state of competition in the United States market for the delivery of video programming (MVPD). The Commission concluded that although the market continues to grow and MVPD has provided consumers with increased choice, better picture quality, and greater technological innovation, prices continue to outpace the general level of inflation.
Media
March 2, 2009
Notice of Inquiry for the Implementation of the Child Safe Viewing Act
The Child Safe Viewing Act of 2007, adopted by Congress December 2, 2008, directs the Commission to initiate a proceeding within 90 days after the date of enactment to examine “the existence and availability of advanced blocking technologies that are compatible with various communications devices or platforms.” The FCC is to examine blocking technologies that may be appropriate across a wide variety of distribution platforms and devices, and are able to filter language based upon information in closed captioning, operate independently of pre-assigned ratings, enhance a parent’s ability to protect his or her child from indecent or objectionable (as determined by the parent) programming. The FCC will examine the existence and availability of advanced blocking technologies across a range of communications devices and platforms. As directed by the Child Safe Viewing Act, the FCC will submit a report to Congress detailing the findings.
February 20, 2009
Commission Takes Steps Toward Implementation of DTV Delay Act
The FCC took the next steps necessary to implement the DTV Delay Act, which extended the deadline for full power TV stations to complete their transition to all-digital broadcasting. Among other important steps, the Commission:
· Established March 17 as the deadline for stations to choose their final transition date;
· Permitted stations to transition before June 12, but no sooner than April 16, 2009; and
The DTV Delay Act, passed by Congress, provides four additional months for the DTV transition to take place. The DTV transition date was moved from February 17, 2009 to June 12, 2009. Acting Chairman Copps said, “I welcome Congressional passage of the DTV Delay Act. […] The additional four months provided by the law affords urgently-needed time for a more phased transition, including a consumer-friendly converter box coupon program, stepped-up consumer outreach and support--particularly for vulnerable populations--and dealing with coverage, antenna and reception issues that went too long unaddressed.”
January 6, 2009
FCC Announces Selection of 12 Grassroot Groups for DTV Outreach Valued at $8.4 Million
The Federal Communications Commission (FCC) announced it has selected 12 grassroots organizations and local agencies to help over the air viewers prepare for the digital transition. The focus is on reaching seniors, people with disabilities and Spanish-speaking households in areas with the highest over the air populations.
January 15, 2009
Media Bureau Releases Statistical Report on Average Rates for Basic Service, Programming Service and Equipment
The average monthly price of expanded basic service (the combined price of basic cable service and cable programming service) increased by 3.9 percent over the 12 months ending January 1, 2006; by 4.6 percent over the 12 months ending January 1, 2007; and by 5.0 percent over the 12 months ending January 1, 2008. Chart 1 below shows the trend in cable prices from 1995 to 2008. Over this 13-year period, the price of expanded basic service has grown from $22.35 to $49.65, an increase of 122.1 percent, compared with an increase in the Consumer Price Index of 38.4 percent over the same period.
November 4, 2008
FCC Adopts Rules of Unlicensed Use of Television White Space
In its continuing efforts to promote efficient use of spectrum and to extend the benefits of such efficiencies to the public, the FCC adopted a Second Report and Order (Second R&O) that establishes rules to allow new, sophisticated wireless devices to operate in broadcast television spectrum on a secondary basis at locations where that spectrum is open. (This unused TV spectrum is now commonly referred to as television “white spaces”). The rules will allow for the use of these new and innovative types of unlicensed devices in the unused spectrum to provide broadband data and other services for consumers and businesses.
Universal Service
December 31, 2008
Federal-State Universal Service Joint Board Staff Releases Monitoring Report
The staff of the Federal-State Joint Board on Universal Service released its most recent Monitoring Report on Universal Service. The report addresses the various universal service support mechanisms, which amounted to about $7 billion in 2007. In 2007, disbursements among the four categories of universal service mechanisms were: 61.6% for high-cost support; 26.0% for schools and libraries support; 11.8% for low-income support; and 0.5% for rural health care support.
November 5, 2008
FCC Issues Notice of Proposed Rulemaking Seeking Comment on Specific Proposals to Reform the Intercarrier Compensation and Universal Service Systems
The Commission sought comment on the Chairman’s Draft Proposal, the Narrow Universal Service Reform Proposal, and the Alternative Proposal. The proposals address comprehensive reform of high-cost universal service support and intercarrier compensation.
Broadband
March 31, 2009
FCC Seeks Comment On International Comparison And Consumer Survey Requirements in the Broadband Data Improvement Act
In October 2008, Congress passed the Broadband Data Improvement Act (BDIA). In a Public Notice, the seeks comment on how the Commission should implement sections 103(b) and 103(c)(1) of the BDIA. These sections impose new broadband data collection and reporting obligations on the Commission by requiring the Commission to include an international comparison in its annual broadband report and to conduct a consumer survey of broadband service capability. Comments are due April 10, 2009, and reply comments are due April 17, 2009.
March 10, 2009
Vilsack, Copps and Wade Kick Off American Recovery and Reinvestment Act’s Broadband Initiative
U.S. Department of Agriculture Sec. Tom Vilsack, Acting Federal Communications Commission Chairman Michael Copps and U.S. Dept. of Commerce Senior Advisor and Acting Chief of Staff Rick Wade kicked off the joint broadband initiative under the American Recovery and Reinvestment Act and announced a series of public meetings that will give Americans an opportunity to help shape the program. In connection with the new broadband initiatives, Acting Federal Communications Commission Chairman Michael J. Copps said: "Without ubiquitous broadband, our citizens—our country—will lack the competitive tools necessary for success in the Twenty-first century. The FCC has been given an important role -- to develop, over the next 12 months, a national broadband strategy. We look forward to working with our colleagues in the agencies of government and in the private sector to bring these essential, opportunity-creating tools to every American, no matter whom they are or where they live."
January 16, 2009
FCC Releases Data on High-Speed Services for Internet Access
The FCC released new data on high-speed connections to the Internet in the United States. Twice a year, all facilities-based broadband providers are required to report to the Commission basic information about their service offerings and types of customers pursuant to the FCC’s local telephone competition and broadband data gathering program.