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TIA's Regulatory Tracker

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					                                                                                       TIA’s Regulatory Tracker
                                                                                            August 1, 2011


                                                                                              Table of Contents

Broadband ................................................................................. 4                Public Rights of Way and Wireless Facilities Siting ................... 29
   Sharing of Form 477 Broadband Data ........................................... 4                          “Need for Speed” Information for Broadband Consumers .......... 30
   Modernizing the Form 477 Data Program ..................................... 4                             Open Internet Advisory Committee............................................. 31
   Sixth Deployment Inquiry ............................................................. 5                  Annual Assessment of the Status of Competition in the Market for
   Seventh Deployment Inquiry ......................................................... 5                    the Delivery of Video Programming ........................................... 31
   Broadband Data Collection NOI ................................................... 7                       Location Based Services .............................................................. 33
   Special Access ............................................................................... 8          NCTA Section 652 Petition UPDATED ..................................... 33
   Broadband Data Improvement Act ................................................ 9                         tw Telecom, Inc. Petition UPDATED ......................................... 33
   Defining Broadband .................................................................... 10             CALEA ................................................................................... 34
   Forbearance from Title II ............................................................ 11                 Broadband Access and Services .................................................. 34
   FGIP Forbearance Petition .......................................................... 14                   DoJ Petition for CDMA Capabilities ........................................... 35
   Interconnection ............................................................................ 14        Disability Access .................................................................... 36
   Intercarrier Compensation ........................................................... 14                  Hearing Aid Compatibility .......................................................... 36
   InterCall Order............................................................................. 15           VoIP ............................................................................................. 46
   Rural Broadband Strategy ........................................................... 16                   TEITAC Report ........................................................................... 46
   National Broadband Plan ............................................................. 17                  E911 Requirements...................................................................... 47
   Berkman Study ............................................................................ 19             Hearing Aid Compatibility Form 655.......................................... 47
   Cbeyond Petition ......................................................................... 20             Broadband Opportunities for PWD ............................................. 47
   Consumer Information and Public Notice ................................... 20                             Accessibility and Innovation Forum ............................................ 49
   Internet Access Classification ..................................................... 21                   Department of Justice ANPRMs ................................................. 50
   Business Broadband Marketplace................................................ 24                         Accessible Mobile Phone Options for People who are Blind, Deaf-
   Rural Broadband Report .............................................................. 25                  Blind, or Have Low Vision.......................................................... 51
   Enhancing Internet Assigned Numbers Authority Functions                                                   Advanced Communications Provisions of The Twenty-First
   (NTIA) ......................................................................................... 27       Century Communications and Video Accessibility Act of 2010 . 53
   National Science & Technology Council’s Subcommittee on                                                   Emergency Access Advisory Committee UPDATED................. 58
   Privacy and Internet Policy.......................................................... 28                  Closed Captioning Rules ............................................................. 60
   The Administration’s Innovation Strategy (Commerce) ............. 28                                      Distribution of Specialized CPE to Low Income Deaf-Blind
   Pole Attachments UPDATED ..................................................... 28                         Individuals ................................................................................... 60
                                                                                                                                                                                                               1
   HAC 2010 Review....................................................................... 64                Conformance Tests for the P25 Compliance Assessment Program
   Video Relay Service Program UPDATED .................................. 66                                (NIST-DHS) .............................................................................. 128
   Video Description: Implementation of the Twenty-First Century                                            Reliability and Resiliency of the Nation’s Networks, Including
   Communications and Video Accessibility Act of 2010............... 69                                     Broadband Networks UPDATED.............................................. 128
   Contributions to the Telecommunications Relay Service Fund .. 69                                         NPSTC Petition to Permit Public Safety Aircraft Voice Operations
   Relay Services for Deaf-Blind Individuals .................................. 71                          on 700 MHz Narrowband Channels UPDATED....................... 129
FCC Procedure ........................................................................ 73                Spectrum ............................................................................... 130
   Ex Parte Rules ............................................................................. 74          DTV, Order and NPRM............................................................. 130
Net Neutrality.......................................................................... 76                 DTV, Analog Nightlight Program R&O.................................... 131
   FCC Policy Statement ................................................................. 76                DTV, Procedures for Termination of Analog TV...................... 131
   Broadband Industry Practices NOI .............................................. 76                       DTV, Implementing the DTV Delay Act .................................. 131
   Vuze and Free Press Petitions ..................................................... 77                   DTV, Sunset of Set Top Box Coupon Program (Dept. of
   Public Knowledge Petition .......................................................... 79                  Commerce) ................................................................................ 131
   FCC Policy Statement ................................................................. 79                700 MHz Auction ...................................................................... 131
   Comcast-NBC Universal Merger ................................................ 80                         Unlicensed Devices ................................................................... 134
   Open Internet UPDATED ........................................................... 81                     Amendment of Part 15 Regarding UPCS in the 1920-1930 MHz
Public Safety ........................................................................... 89                band ........................................................................................... 137
   Wireless E911 .............................................................................. 89          Fixed and Mobile Services (MSS) in the Mobile Satellite Service
   E911 Requirements for IP-Enabled Providers UPDATED ......... 90                                          Bands UPDATED...................................................................... 138
   Increased Interoperability of Public Safety Technologies ........... 94                                  Petition to Require Devices be Capable of Operation on All 700
   Applying Disruption (Part 4) Rules to Broadband and VoIP                                                 MHZ Bands ............................................................................... 140
   Providers ...................................................................................... 95      Wireless Communications Services (WCS) Interference Rules 140
   700 MHz Band UPDATED ......................................................... 97                        Broadcast Auxiliary Service (BAS)........................................... 141
   800 MHz Plans for Border Regions........................................... 116                          Advanced Wireless Services 3 Auction ..................................... 142
   Commercial Mobile Alert System ............................................. 118                         Commercial Terrestrial Wireless Spectrum Below 2.3 GHz ..... 144
   911 Call-Forwarding, Non-Initialized Phones ........................... 121                              Rural Cellular Association Petition ........................................... 144
   Net 911 Improvement Act ......................................................... 121                    Spectrum for Medical Devices .................................................. 145
   Cyber Security Certification Program (FCC) ............................ 122                              4.9 GHz ...................................................................................... 145
   Cyber Security Roadmap (FCC)................................................ 123                         Innovation and Investment ........................................................ 145
   Cyber Security (Dept. of Commerce) ........................................ 123                          Wireless Competition ................................................................ 146
   Emergency Response Interoperability Center Public Safety                                                 MBAN ....................................................................................... 147
   Advisory Committee.................................................................. 124                 Spectrum for Broadband ............................................................ 147
   Emergency Alert System ........................................................... 125                   Data Sought on Uses of Spectrum ............................................. 148
   Framework for Next Generation 911 Deployment .................... 127                                    Wireless Backhaul ..................................................................... 149
   Aerial Telecommunications Architecture .................................. 128
                                                                                                                                                                                                              2
   Allocations, Channel Sharing and Improvements to the VHF in                                        National Broadband Plan ........................................................... 177
   Broadcast Television Bands ...................................................... 152              E-Rate ........................................................................................ 177
   Part 5 Experimental Licenses .................................................... 153              Transition to Broadband ............................................................ 178
   Dynamic Use of Radio Spectrum .............................................. 154                   Corr Wireless Petition................................................................ 180
   “Substantial Disadvantage” Competitive Bidding Credit.......... 156                                Mobility Fund ............................................................................ 181
   Spectrum Cap Proposal ............................................................. 156            Modernizing the Universal Service Fund and Intercarrier
   Improving Communications Services for Native Nations by                                            Compensation System ............................................................... 183
   Promoting Greater Utilization of Spectrum over Tribal Lands . 158                                  Improving Communications Services for Native Nations ......... 187
   Spectrum Task Force Request for Information on the use of the                                      Lifeline and Link-up Reform and Modernization...................... 188
   1695-1710 and 3550-3650 MHz Bands for Broadband Use ..... 158                                   Video Competition ................................................................ 189
   Use of the 2 GHz Band for Broadband Use UPDATED ........... 160                                    Video Franchise, Section 621 .................................................... 189
   Signal Boosters UPDATED ...................................................... 162                 30% Cap on Cable Penetration .................................................. 191
   Data Roaming ............................................................................ 163   Technological Advisory Council .......................................... 191
   WRC-12 Committee Recommendations ................................... 164                           Creation of TAC ........................................................................ 191
   Use of Terrestrial Trunked Radio (TETRA) Technology ......... 165                                  TAC Recommendations............................................................. 192
   Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s                                    Health IT ............................................................................... 193
   Rules to Facilitate the Provision of Fixed and Mobile Broadband                                    RUS DLT Grant Program .......................................................... 193
   Access, Educational and Other Advanced Services in the 2150-                                       Rural Health Care Support Mechanism ..................................... 194
   2162 and 2500-2690 MHz Bands UPDATED .......................... 167                                HHS Guidance on Privacy Technologies .................................. 197
   Intelligent Transportation Systems R&D (DoT) ....................... 168                           ONC Health IT Policy and Standards Committees’ .................. 198
   The Establishment of Policies and Service Rules for the                                            Joint FCC-FDA Efforts.............................................................. 200
   Broadcasting-Satellite Service at the 17.3-17.7, 17.7-17.8, and                                    Secondary Use of AMT Spectrum by MBANs ......................... 201
   24.75-25.25 GHz Frequency Bands........................................... 170                     FDA Device Malfunctioning Reporting .................................... 203
   LightSquared-USGIC Technical Working Group Report                                               Stimulus ................................................................................ 203
   UPDATED ................................................................................ 170       NTIA Notice for Feedback ........................................................ 203
Universal Service .................................................................. 171              TIA Ex Parte Meetings with FCC ............................................. 204
   Contribution Methodology ........................................................ 171              FCC Public Notice on ARRA Definitions ................................. 205
   Consumer Advisory Committee (CAC) Lifeline/Link-up Program                                         Registration for ARRA Broadband Grants ................................ 205
   Recommendations ..................................................................... 171          Second NTIA/RUS Request For Information (RFI) .................. 205
   Joint Board Recommendations .................................................. 172              Consumer Protection ............................................................. 206
   Identical Support Rule, NPRM .................................................. 174                Avoiding Bill Shock (FCC) ....................................................... 206
   Reverse Auctions, NPRM.......................................................... 174               Data Privacy and the Internet (NTIA) ....................................... 207
   Kansas and Nebraska PSC Petitions .......................................... 174                   Protecting Consumer Privacy (FTC) ......................................... 207
   Broadband Fund, Comprehensive NPRM ................................. 175                           National Strategy for Trusted Identities in Cyberspace (NIST) 208
   USF Non-Rural Carriers, NOI ................................................... 177
                                                                                                                                                                                                       3
  Consumer Advisory Committee (FCC) ..................................... 210                          Other ..................................................................................... 217
Standards & Intellectual Property Rights ............................. 212                                2010 Biennial Review of Telecommunications Regulations ..... 217
  National Science & Technology Council (NSTC) Technology                                                 Annual Mobile Wireless Competition Report ........................... 218
  Committee’s Subcommittee on Standards ................................. 212                             Energy Conservation Program for Consumer Products and Certain
  Federal Trade Commission Inquiry into Standards-Setting Patent-                                         Commercial and Industrial Equipment: Set-Top Boxes and
  Holdup ....................................................................................... 215      Network Equipment as a Covered Consumer Product (DOE)... 218




                Issue                                   Date                              Links                                                 Summary
Broadband
Broadband,                                    FCC Public                     FCC PN                       −    The FCC today released a Public Notice requesting comment
Sharing of Form 477                           Notice Released:                                                 on NTIA’s request to share the FCC’s Form 477 data as of
Broadband Data                                January 7, 2011                FCC Erratum                       June 30, 2010, with a reporting deadline of September 1,
                                                                                                               2010.
(WC Docket No. 11-3)                                                                                      −    NTIA intends to use Form 477 broadband data as a baseline
                                                                                                               for comparison with the data collected by the eligible entity in
                                                                                                               each State pursuant to the SBDD Program.
                                                                                                          −    The Commission notes that it may disclose confidential
                                                                                                               information as long as the conditions of 47 C.F.R. § 0.442 are
                                                                                                               met:
                                                                                                               – Specific assurances against such disclosure have not been
                                                                                                                   given;
                                                                                                               – The receiving agency has established a legitimate need for
                                                                                                                   the information;
                                                                                                               – Disclosure is made subject to 44 U.S.C. 3510(b); and
                                                                                                               – Disclosure is not prohibited by the Privacy Act or other
                                                                                                                   provisions of law.
                                                                                                          −    Affected parties had until January 18, 2011 to file an
                                                                                                               objection.
Broadband,                                    FCC Notice of                  FCC NPRM                     −    In the NPRM on Form 477 data, it was proposed that data be
Modernizing the Form 477                      Proposed                                                         collected moving forward include such areas as:
                                                                                                                                                                                                    4
           Issue                   Date                Links                                    Summary
Data Program                 Rulemaking                                −  Subscriptions
                             Adopted and                               −  Deployment prices
WC Docket No. 11-10, WC      Released:                                 −  Service quality
Docket No. 07-38, WC         February 8, 2011                          −  Ownership details
Docket No. 08-190, WC                                                  −  (NOTE: in his comment on this short presentation,
Docket No. 10-132                                                         Commissioner McDowell noted concern with collection of
                                                                          broadband subscription rates, urging the Commission not
                                                                          to attempt to build a record for regulating broadband
                                                                          subscription prices).
                                                                    − Comments are due March 30, and reply comments are due
                                                                      April 14.
Broadband,                   Sixth Broadband    Sixth Broadband     − This annual report concluded for the first time since 1999 that
Sixth Deployment Inquiry     Deployment         Deployment Report     the goal of universal availability is not being met in a timely
                             Report Released                          manner, and proposed to address recommendations from the
GN Docket Nos. 09-137, 09-   July 20, 2010                            National Broadband Plan through current and future
51                                                                    proceedings, including:
                                                                      − Reforming the universal service programs to improve
                                                                          broadband deployment through public-private partnerships
                                                                      − Freeing spectrum for mobile broadband
                                                                      − Reducing barriers to infrastructure investment, including
                                                                          delays in access to poles and rights-of-way
                                                                      − Collecting better broadband data to assist policymakers
                                                                          and consumers
                                                                    − Using the technical paper released with the April 21st
                                                                      Universal Service Reform NOI & NPRM, the report also
                                                                      upgraded the standard broadband speed from 200 Kbps
                                                                      downstream to 4 Mbps downstream and 1 Mbps upstream (4
                                                                      Mbps/1 Mbps).
Broadband,                   NOI Adopted and    FCC NOI             − Solicits data and information that will help the Commission
Seventh Deployment Inquiry   Released: August                         complete its annual task under section 706 of the
                             6, 2010                                  Telecommunications Act of 1996, as amended,1 of
GN Docket Nos. 10-159                                                 determining whether broadband2 is being deployed to all

                                                                                                                                   5
Issue         Date                 Links                                     Summary
                                                      Americans in a reasonable and timely fashion.
                                                      − What is “advanced telecommunications capability”?
                                                      − How should broadband availability be measured?
                                                      − Is broadband being deployed to every American?
                                                      − Is broadband deployment reasonable and timely?
                                                      − What can accelerate deployment?

                                                  −   In this letter TIA urged the Commission to:
        TIA Letter Filed: TIA Letter                  − Revert to its use of Form 477 data to determine whether
        September 7, 2010
                                                          broadband is being deployed to all Americans.
                                                      − To recognize the growth in the broadband market over the
                                                          past decade, despite the recent conclusion in the Sixth
                                                          Report.
                                                      − TI A noted to that the FCC altered its metrics for making
                                                          its conclusion that broadband was not deployed in a
                                                          reasonable and timely fashion.
        FCC Seventh         7th Broadband
        Broadband           Progress Report and   −   The FCC released its Section 706 broadband deployment
        Progress Report     Order on                  report, concluding for the second time, because 26 million
        and Order on        Reconsideration           Americans live in areas where there is no business case for
        Reconsideration                               broadband deployment and have no immediate prospect of
        Adopted and                                   being served, that “broadband is not being deployed in a
        Released: May 20,                             reasonable and timely fashion to all Americans.”
        2011                                      −   The Commission lists a number of identified barriers that,
                                                      pursuant to the conclusion of this report, it intends to continue
                                                      to act on:
                                                      − the costs of deploying networks and offering service in
                                                          unserved areas
                                                      − low broadband service quality, including performance
                                                          insufficient to enable consumers to use the applications
                                                          and services they wish to use, and the applications
                                                          Congress has specified for particular consideration


                                                                                                                      6
           Issue                  Date             Links                                Summary
                                                                −  lack of affordable broadband Internet access services
                                                                −  consumers’ lack of access to computers and other
                                                                   broadband-capable equipment
                                                              − lack of relevance of broadband for some consumers
                                                              − poor digital literacy
                                                              − consumers’ lack of trust in broadband and Internet content
                                                                   and applications
                                                            − The Commission also chose to retain its definition of
                                                              “broadband” as actual speeds of 4 Mbps/1 Mbps.
                                                            − Commissioner McDowell dissented from the report’s
                                                              conclusion, noting that the number of unserved households
                                                              dropped almost in half from 8.8 million to 4.6 million as of
                                                              June 2010, and stated that the conclusion of the report is based
                                                              on flawed analyses.
Broadband,                  NOI Adopted:     FCC NOI        − The NOI seeks comment on how “advanced
Broadband Data Collection   March 12, 2007                     telecommunications capability” should be defined.
NOI                         NOI Released:                   − Is advanced telecom capability being deployed to all
                            April 16, 2007                     Americans (availability, economics, and technological
(GN Docket No. 07-45)                                          improvements) in a reasonable and timely fashion?
                                                            − What can accelerate deployment? What are the patterns of
                                                               consumer use?

                            TIA Comments     TIA COMMENTS   −   TIA supports a “light-touch” deregulatory approach as critical
                            Submitted: May                      to the deployment of next-generation broadband deployment,
                            16, 2007                            as well as continued innovation in bandwidth-intensive
                                                                applications.
                                                            −   TIA urges the FCC not to limit itself to one narrow and
                                                                relatively arbitrary definition of “advanced
                                                                telecommunications capability.” Instead a tiered analysis
                                                                should be used to recognize all technologies and the
                                                                capabilities they promote.
                                                            −   Wireless and wireline should be defined separately and any


                                                                                                                             7
           Issue              Date                  Links                                  Summary
                                                                     minimum definition of wireline should include the capability
                                                                     to transmit an HTDV signal, or 6 Mbps.

                        FCC Order            FCC ORDER           −   The FCC’s Fifth Report concludes that “advanced
                        Adopted: May 19                              telecommunications capabilities” are being deployed to
                        Released: June 12,                           Americans in a reasonable and timely fashion.
                        2008                                     −   The Order states that broadband deployment in the U.S. is on
                                                                     the rise, with the number of available high-speed lines
                                                                     increasing by 55% since the previous report, as well as the
                                                                     number of wireless devices available to consumers.
                        Consumers Union,     Petition for
                        Consumer             Reconsideration     −   Urges the Commission should reconsider the Fifth 706
                        Federation of                                Report’s conclusion that advanced telecommunications
                        America and Free                             capability is being deployed to all Americans in a reasonable
                        Press Petition for                           and timely fashion and therefore the FCC is not required to
                        Reconsideration                              take “immediate action” to rectify this failure.
                        Filed July 11,
                        2008

                        Public Notice     FCC PN
                        Released                                 −   Seeks comment on Consumers Union, Consumer Federation
                        September 3, 2008                            of America and Free Press Petition for Reconsideration.

Broadband,              NPRM Adopted:        FCC NPRM            −   Requests an updated examination of regulations as applied to
Special Access          May 31, 2007                                 price cap (LECs) interstate special access services, including
                        Released:                                    whether the special access pricing flexibility rules adopted in
(WC Docket No. 05-25)   July 9, 2007                                 1999 have worked as intended.
                                                                 −   Requests a refreshed record on the affect mergers had on the
                                                                     industry and the profitability of special access services

                        Public Notice        FCC Public Notice   −   Seeks suggestions on the appropriate analytical framework for
                        Released:                                    determining whether the current rules are working,
                        November 5, 2009                             specifically: (a) whether pricing flexibility rules ensure just

                                                                                                                                       8
           Issue                   Date               Links                                      Summary
                                                                       and reasonable rates, (b) whether price cap rules ensure just
                                                                       and reasonable special access rates, and (c) price cap and
                                                                       pricing flexibility rules ensure that terms and conditions in
                                                                       special access tariffs and contracts are just and reasonable.
Broadband,                   Public Notice     FCC Public Notice   −   The Public Notice seeks comment on implementation of the
Broadband Data Improvement   Released: March                           Broadband Data Improvement Act of 2008, which requires the
Act                          31, 2009                                  FCC to include international comparison of its annual
                                                                       broadband report and to conduct a consumer survey of
(GN Docket No. 09-47)                                                  broadband service capability.
                                                                   −   Comments were due April 10, 2009 and replies were due
                                                                       April 17, 2009

                             Report Adopted:   FCC First Report    −   The report presents data on international broadband service
                             August 27, 2010                           capability (defined in the IBDR as “data transmission speeds
                                                                       and price for broadband service capability”) of “all countries
                                                                       with significant broadband deployment” (totaling 37
                                                                       countries), exceeding the required 25 countries and 75
                                                                       communities under the BDIA.
                                                                   −   It is noteworthy that speed data collected from foreign
                                                                       countries do not align with the categories of Form 477.
                                                                   −   The release of the IBDR is in conjunction with the Sixth
                                                                       Broadband Deployment Report in which found that the U.S. is
                                                                       not being deployed to all Americans in a reasonable and timely
                                                                       fashion.
                                                                   −   The report does not draw any further conclusions regarding the
                                                                       status of U.S. broadband deployment. U.S. information is not
                                                                       included in this report.
                             PN Released:      FCC PN              −   Seeks comment on international broadband comparison
                             August 27, 2010
                                                                       efforts, specifically:
                                                                        − Broadband Service Demand and Supply
                                                                        − Market Structure


                                                                                                                                   9
           Issue                    Date                Links                                     Summary
                                                                           − Regulatory Strategies
                                                                           − Other Considerations
Broadband,                   Public Notice       FCC Public Notice   −   The Public Notice seeks comment on defining “broadband”
Defining Broadband           Released: August                            for purposes of the Commission’s development of a National
                             20, 2009                                    Broadband Plan (Plan) pursuant to the American Recovery
(GN Docket Nos. 09-47, 09-                                               and Reinvestment Act of 2009 (Recovery Act), and for related
51, 09-137)                                                              purposes.
                                                                     −   Specifically, the PN seeks comment on: (1) the general form,
                                                                         characteristics, and performance indicators that should be
                                                                         included in a definition; (2) the thresholds that should be
                                                                         assigned to these performance indicators today; and (3) how
                                                                         the definition should be reevaluated over time.
                                                                     −   Comments due August 31, 2009; replies due September 8,
                                                                         2009.


                             TIA Ex Parte        TIA Ex Parte        −   TIA’s comments urge the Commission not to limit itself to
                             letter Submitted:                           one narrow arbitrary definition of broadband and encourages
                             August 31, 2009                             the use of a tiered speed analysis that focuses on the demand
                                                                         or requirement of a particular application.
                                                                     −   TIA also continues to advocate that the Commission a
                                                                         “minimum” broadband speed should consider the varying
                                                                         attributes of wireline versus wireless technology.
                             Public Notice:    FCC Public Notice     −   The FCC welcomed comments and responses to the
                             Released                                    workshops being held in connection with Developing a
                             September 1, 2009                           National Broadband Plan. Deadlines were as follows: For
                                                                         workshops held from August 6 to 20, comments must be
                                                                         submitted by August 15; for workshops held from August 25
                                                                         to September 15, comments are due October 2; for workshops
                                                                         held from September 16 to October 20, comments are due
                                                                         October 31.


                                                                                                                                     10
            Issue                 Date                Links                                    Summary

                            Public Notice      FCC Public Notice   −   The FCC released a notice seeking additional comment on the
                            Released                                   public safety, homeland security and cybersecurity elements
                            September 28,                              of the National Broadband Plan. The notice sought comments
                            2009                                       on additional, specific issues to help understand the issues
                                                                       while developing a national broadband plan including 1) what
                                                                       are the best ways to meet the needs of the public safety
                                                                       community for mobile wireless networks, 2) what broadband
                                                                       infrastructure requirements are necessary to the deployment of
                                                                       the NG911 capabilities and what regulatory roadblocks exist,
                                                                       to what extent are they being deployed today and to what
                                                                       extent have the NG911 technical standards been defined; 3)
                                                                       what type of cyber security attacks are occurring or likely to
                                                                       occur and what other federal agencies and technologies are
                                                                       able to combat such attacks, 4) to what extent are broadband
                                                                       capabilities being used to as part of the public emergency alert
                                                                       and how can broadband technologies improve the
                                                                       effectiveness of emergency alerts for all Americans?

                            TIA Comments       TIA Comments        −   TIA submitted comments in response to the FCC Broadband
                            Submitted:                                 Benchmarks Workshop reiterating that the Commission
                            October 2, 2009                            should use a tiered approach to a two-way broadband
                                                                       definition that accounts for all technologies and the
                                                                       capabilities they promote.
                                                                   −   The comments state that the quality of a consumer’s
                                                                       broadband experience is affected by factors other than speed
                                                                       and the Commission should gather meaningful information on
                                                                       these metrics before attaching regulations.
                                                                   −   The Commission should encourage and facilitate more
                                                                       consumer disclosure in regard to their broadband plan that
                                                                       extends beyond advertised speeds.
Broadband,                  Embarq/Frontier    FCC FRONTIER,       −   Grants forbearance petitions filed by Embarq and Frontier,
Forbearance from Title II   Adopted: October   EMBARQ MO&O             similar to a petition by Verizon that was “deemed granted” on

                                                                                                                                    11
          Issue                    Date                Links                                      Summary
                            24, 2007                                     March 19, 2006.
(WC Docket No. 06-147, WC   Released: October                        −   The Commission will forbear from applying Title II and
Docket No. 06-125)          24, 2007                                     Computer Inquiry rules to certain broadband services (packet-
                                                                         switched telecom and optical transmission services) provided
                                                                         by Embarq and Frontier.
                                                                     −   Relief from Title II results in relief from special access
                                                                         requirements.

                                                                     −   In its ex parte, and limited to the context of determining
                            TIA Ex Parte        TIA EX PARTE             whether forbearance generally is justified, TIA urges the FCC
                            Submitted:                                   to continue determining competition at the national level, a
                            Sept 7, 2007                                 measurement used to support the deregulatory decision in the
                                                                         TRO and other deregulatory measures since.

                            AT&T Adopted:       FCC AT&T ORDER       −   In its Order, the FCC granted AT&T limited Title II
                            October 11, 2007                             forbearance from the application of dominant carrier tariff
                                                                         filing, cost support, discontinuance, and domestic transfer of
                                                                         control and certain Computer Inquiry requirements to
                                                                         broadband services with regard to non-TDM-based services
                                                                         (Frame Relay, ATM, LAN, Ethernet, Optical Network
                                                                         Services, and Wave-Based).
                            Qwest Adopted:      FCC Qwest Order      −   This grant is restricted to services that AT&T currently offers
                            July 22, 2008                                and lists in its petitions, and excludes all TDM-based, DS1
                            Qwest Released:                              and DS3 services.
                            August 5, 2008

                                                                     −   The D.C. Circuit released its decision in Ad Hoc
                            Case Decided:       DC Circuit Opinion       Telecommunications Users Committee et al. v. FCC. The
                            July 17, 2009                                decision upheld two FCC orders that (1) granted AT&T,
                                                                         Embarq, and Frontier forbearance from dominant-carrier
                                                                         regulation with respect to packet-switched enterprise
                                                                         broadband offerings, but (2) denied forbearance from other

                                                                                                                                      12
             Issue         Date            Links                                 Summary
                                                       Title II requirements. The court ruled that though “eminently
                                                       debatable,” the FCC’s decision was “reasonable.”
                                                   −   The court first affirmed the FCC’s decision to focus its
                                                       competition analysis on the nationwide broadband market,
                                                       rather than on special access circuits in specific local markets
                                                       Citing past decisions upholding the FCC’s residential
                                                       broadband orders, however, the court emphasized that the
                                                       FCC enjoyed discretion regarding how to structure its
                                                       economic analysis, and was free to look at the broadband
                                                       market generally. Moreover, the court noted that even a focus
                                                       on special access services would not necessitate the result the
                                                       appellants sought, because the FCC decisions at issue kept in
                                                       place basic Title II provisions that subjected the offerings at
                                                       issue to significant pricing and common-carrier mandates.
                                                   −   The court next found that the FCC was justified in removing
                                                       the offerings at issue from the scope of dominant-carrier
                                                       regulations, because it had found that such regulation “may
                                                       create market inefficiencies, inhibit carriers from responding
                                                       quickly to rivals’ new offerings, and impose other
                                                       unnecessary costs.” The court also emphasized that ILECs’
                                                       TDM-based high-speed offerings would remain subject to
                                                       dominant-carrier requirements, and cited evidence that new
                                                       entrants could compete successfully in the retail markets using
                                                       these wholesale TDM offerings. Moreover, the court credited
                                                       the FCC’s conclusion that the revenues available from high-
                                                       speed retail offerings rendered feasible the deployment of
                                                       high-speed packet-switched/optical facilities by competitors
                                                       themselves. Finally, the court emphasized that the FCC’s
                                                       ongoing special access proceeding (WC Dkt. No. 05-25),
                                                       though “moving at a slow pace,” offered opportunity to
                                                       address industry-wide concerns about intercarrier provision of
                                                       high-speed services.
Broadband,           Order Adopted:   FCC ORDER    −   FeatureGroup IP Petition for Forbearance From Section

                                                                                                                    13
           Issue                  Date                 Links                                 Summary
FGIP Forbearance Petition   January 21, 2009.                         251(g) of the Communications Act and Sections 51.701(b)(1)
                            Released:                                 and 69.5(b) of the Commission’s Rules.
(WC Docket No. 07-256)      January 21, 2009                      −   The FeatureGroup IP (“FGIP”) forbearance petition asked the
                                                                      Commission to forbear from application of access charges to
                                                                      “voice-embedded Internet communications.”
                                                                  −   The FCC denied the petition since it would have to initiate a
                                                                      rulemaking to give the Petitioner the relief asked for and a
                                                                      Forbearance Petition was not the proper procedural tool.

                                                                  −   FeatureGroup IP filed a Motion for Reconsideration asking
                            Motion filed        MOTION FOR            the FCC to reconsider its Order denying FGIP’s request that
                            February 23, 2009   RECONSIDERATION       the FCC forbear from applying access charges to “voice-
                                                                      embedded communications.”
                                                                  −   In the Motion FGIP argues that certain ILECs have relied on
                                                                      the Order to justify charging access for voice-imbedded
                                                                      communications and that the it is inconsistent with prior
                                                                      agency action.
Broadband,                  Order Adopted:      FCC ORDER         −   The FCC Order allows wholesale telecommunications service
Interconnection             March 1, 2007                             providers the right to interconnect with ILECs.
                            Released:                             −   Allows cable operators the right to connect VoIP calls from
(WC Docket No. 06-55)       March 2, 2007                             their networks to LECs so they can access the PSTN.
Broadband,                  NPRM Released:      FCC NPRM          −   On March 10, 2004, the Commission released an NPRM
Intercarrier Compensation   March 10, 2004                            seeking comment on IP-enabled services available, how to
                                                                      distinguish among those services, and whether any regulatory
(WC Docket No. 04-36)                                                 treatment would be appropriate for any class of service.

                            Ex Parte Filed:     TIA Ex Parte      −   In an Ex Parte filed on August 6, 2008, TIA, along with other
                            August 6, 2008                            undersigned parties, urge the Commission to reaffirm that all
                                                                      IP-based voice services, if regulated at all, are subject to
                                                                      exclusive federal jurisdiction. The commission should also
                                                                      establish uniform compensation rules applicable to all traffic
                                                                      exchanged with or on the public switched telephone network.


                                                                                                                                  14
            Issue             Date                Links                                    Summary
                                                             −   The Commission should require all carriers to make a
                                                                 reasonably prompt transition to unified termination rates, and
                                                                 this transition should allow for appropriate alternative
                                                                 recovery mechanisms if needed.
                                                             −   To foster the continued development and deployment of new
                                                                 and innovative IP services, the Commission must ensure
                                                                 regulatory stability for IP service providers, applications
                                                                 developers, and equipment manufacturers.
                                                             −   In order to provide the IP industry with regulatory clarity, the
                                                                 Commission should reaffirm that all IP-based voice services
                                                                 that touch the PSTN are subject to the Commission’s
                                                                 exclusive jurisdiction, and the Commission should reform the
                                                                 existing intercarrier compensation regime and establish
                                                                 uniform compensation rules applicable to all traffic exchanged
                                                                 with or on the public switched network.

                        Ex Parte Filed:   Verizon Ex Parte   −   In an Ex Parte filed on September 4, 2008, Verizon, along
                        September 4, 2008                        with other undersigned parties, urge Commission action to
                                                                 clarify the regulatory landscape and accommodate progress
                                                                 and innovation in IP-based technologies and services. This Ex
                                                                 Parte also reaffirmed the views expressed in the August 6,
                                                                 2008 letter above.

                        Comments Filed:   TIA/VON Comments   −   In comments, filed jointly with VON and other high-tech
                        November 26,                             associations, TIA advocated that IP-enabled services should
                        2008                                     be subject exclusively to federal jurisdiction.
                                                             −   The comments also urged the FCC to use a uniform
                                                                 termination rate for all traffic on the PSTN and require
                                                                 broadband build-out by recipients of universal service funds.
Broadband,              Order Adopted:    FCC Order          −   On June 20, 2008, the FCC released an Order in the matter of
InterCall Order         June 27, 2008                            Request for Review by InterCall, Inc. of Decision of
                        Released:                                Universal Service Administrator.
(CC Docket No. 96-45)   June 30, 2008

                                                                                                                              15
           Issue                  Date               Links                                        Summary
                                                                   −   InterCall insists that it provides an information service, not
                                                                       teleconferencing, and therefore should not be subject to
                                                                       payment into USF.
                                                                   −   The Commssion states upholds USAC’s decision that
                                                                       InterCall provides telecommunications on a common carrier
                                                                       basis and is required to directly contribute to the USF.
                                                                   −   The Commission finds that the service described by InterCall
                                                                       is telecommunications. The Commission has recognized that
                                                                       the heart of telecommunications is transmission. InterCall’s
                                                                       service allows end users to transmit a call to a point specified
                                                                       by the user without change in the form or content of the
                                                                       information as sent and received. This is a transmission
                                                                       channel chosen by the customer.
                                                                   −   The Commission sought comment on this order. Comments
                                                                       were due September 8, 2008 and Reply comments due
                                                                       September 22, 2008.
                            TIA Reply         TIA Reply Comments
                            Comments Filed:                        −   TIA filed Reply comments on September 22, 2008.
                            September 22,                          −   TIA requests that the Commission clarify that it did not intend
                            2008                                       to reclassify which services are regulated as information
                                                                       services and did not intend to adopt a new test for what
                                                                       constitutes an integrated information service. The
                                                                       Commission should not modify existing law and precedent
                                                                       used for such classifications, as the regulatory certainty
                                                                       stemming from the Commission’s decisions on these issues
                                                                       has resulted in a competitive market essential to broadband
                                                                       deployment.
Broadband,                  Public Notice:    Public Notice        −   The Public Notice seeks comment on the 2008 Farm Bill’s
 Rural Broadband Strategy   Released March                             directive that the FCC Chairman develop a rural broadband
                            10, 2009.                                  strategy in consultation with USDA.
(GN Docket No. 09-29)                                              −   This is separate from the national broadband plan proceeding
                                                                       teed up by the stimulus legislation. The PN does, however,


                                                                                                                                     16
           Issue                Date                    Links                                 Summary
                                                                       acknowledge that the Commission expects the rural
                                                                       broadband strategy developed in this docket to inform its
                                                                       effort to develop a comprehensive national broadband plan
                                                                       pursuant to the ARRA.
                          TIA Comments         TIA Comments
                          Submitted: March                         −   TIA’s comments note that a rural broadband strategy requires a
                          25, 2009                                     thorough and comprehensive approach. The FCC is urged to
                                                                       work with NTIA to develop a broadband mapping tool to
                                                                       identify underserved and unserved areas. The FCC should also
                                                                       utilize existing federal programs focused on rural areas.
                          Report Released:     Report
                          May 27, 2009.                            −   Chairman Copps recommends improving inter-agency
                                                                       coordination by utilizing existing programs, and enhancing
                                                                       communication between Tribal, state and community
                                                                       agencies. Policies that support further broadband deployment,
                                                                       such as universal service and network openness should also be
                                                                       at the forefront.
Broadband,                Notice of Inquiry    Notice of Inquiry   −   The Notice of Inquiry (NOI) seeks comment on the
National Broadband Plan   Adopted and                                  development of a national broadband strategy. The
                          Released:                                    Commission must submit a report to Congress by February
(GN Docket No. 09-51)     April 8, 2009.                               17, 2010.
                                                                   −   Comments are due June 8 and replies due July 7, 2009.

                          TIA Comments         TIA Comments        −   TIA’s comments provide six key principles that should govern
                          Submitted: June 5,                           the plan. These principles include: enhance efforts to
                          2009                                         stimulate investment and innovation in next-generation
                                                                       broadband; pursue forward-looking spectrum management
                                                                       and the allocation of additional spectrum; strive to provide
                                                                       communications to all Americans, including low-income
                                                                       Americans and those in rural areas, and persons with
                                                                       disabilities; support open and fair market access for U.S.
                                                                       companies by promoting full, fair and open trade and
                                                                       competition in international markets; foster investment by

                                                                                                                                   17
Issue         Date                   Links                                Summary
                                                  increasing federal funding, and employing tax credits,
                                                  expensing provisions, and similar tools; and promote the
                                                  development of a broadband interoperable public safety
                                                  network capable of protecting all communities in the event of
                                                  further domestic disasters.

        Order Adopted:       Order            −   Reply Comment deadline extended to July 21, 2009.
        June 25, 2009
        Released: June 25,
        2009

        TIA Reply            Reply Comments   −   TIA’s reply comments reiterate the six policies points made in
        Comments                                  the original filing, but provide a more detailed Roadmap by
        Submitted: July                           suggesting specific dockets, proceedings, timelines, and
        21, 2009                                  benchmarks. These are clearly laid out in a table form in
                                                  Appendix A of the comments.
                                              −   TIA’s second set of reply comments (in response to a Public
                                                  Notice) reiterate positions made in the original filings and
                                                  filings in response to Public Notices and the Broadband Plan
                                                  Workshops.
                                              −   The issues include: broadband adoption and deployment;
                                                  spectrum allocation and management; universal service fund
                                                  reform; accessibility; energy and environment; public safety;
                                                  international comparison; and research and development.
                                              −   The reply comments also address the issue of video device
                                                  innovation, urging the commission to encourage continued
                                                  innovation through voluntary, industry-led solutions for set
                                                  top boxes.

                                              −   The FCC submitted its National Broadband Plan to Congress.
                             NATIONAL             The Plan provides recommendations to the FCC (this
                             BROADBAND PLAN       comprise about 50%), Executive Branch, Congress, and
                                                  federal agencies on how to increase broadband investment,

                                                                                                             18
           Issue                  Date                 Links                               Summary
                                                                    innovation, and competition; broadband deployment and
                                                                    adoption; and achieve other national purposes through
                                                                    broadband.

                                                                − The Plan is based on six primary goals:
                                                                  o Goal No. 1: At least 100 million U.S. homes should have
                                                                     affordable access to actual download speeds of at least 100
                                                                     megabits per second and actual upload speeds of at least
                                                                     50 megabits per second.
                                                                  o Goal No. 2: The United States should lead the world in
                                                                     mobile innovation, with the fastest and most extensive
                                                                     wireless networks of any nation.
                                                                  o Goal No. 3: Every American should have affordable
                                                                     access to robust broadband service, and the means and
                                                                     skills to subscribe if they so choose.
                                                                  o Goal No. 4: Every American community should have
                                                                     affordable access to at least 1 gigabit per second
                                                                     broadband service to anchor institutions such as schools,
                                                                     hospitals and government buildings.
                                                                  o Goal No. 5: To ensure the safety of the American people,
                                                                     every first responder should have access to a nationwide,
                                                                     wireless, interoperable broadband public safety network.
                                                                  o Goal No. 6: To ensure that America leads in the clean
                                                                     energy economy, every American should be able to use
                                                                     broadband to track and manage their real-time energy
                                                                     consumption.
Broadband,                  Public Notice       Public Notice   − The FCC Public Notice seeks comment on a study
Berkman Study               Released: October                     commissioned by the agency and conducted by the Berkman
                            14, 2009                              Center for Internet & Society.
(GN Docket No. 09-47, 09-
51, 09-137)                 TIA Comments        TIA Comments    −   TIA’s comments state that the study fails to account for the
                            Submitted:                              multi-platform U.S. broadband market and fails to correctly
                            November 16,                            acknowledge the history of U.S. broadband infrastructure

                                                                                                                                   19
           Issue                   Date                 Links                                  Summary
                            2009                                       deployment.
                                                                   −   The National Broadband Plan must look at the current
                                                                       broadband market to stimulate deployment and adoption.
                                                                   −   Commission action based on the study would not meet the
                                                                       requirements of federal law, particularly the Data Quality Act.
Broadband,                  Petition for        Petition for       −   Cbeyond, a small business VoIP and broadband Internet
Cbeyond Petition            Rulemaking filed:   Rulemaking             service provider, seeks rules that would require incumbent
                            November 16,                               LECs to provide unbundled access to packetized bandwidth of
(WC Docket No. 09-223)      2009                                       hybrid-fiber copper loops, fiber-to-the-home (FTTH) loops
                                                                       and fiber-to-the-curb loops at the same rates that incumbent
                                                                       LECs charge their own retail customers, for the purpose of
                                                                       serving small business customers.

                            Public Notice       Public Notice      −   On Dec. 14, 2009 the FCC released a Public Notice seeking
                            Released:                                  comment on the Petition.
                            December 14,
                            2009

                            TIA Comments        TIA COMMENTS       −   TIA’s Comments demonstrate that, contrary to Cbeyond’s
                            Submitted:                                 claims, investment in fiber networks has skyrocketed
                            January 22, 2010                           following FCC decisions to remove unbundling requirements.
                                                                   −   The Cbeyond Petition ignores and statutory standard for
                                                                       unbundling and uses misplaced reliance on the Berkman
                                                                       Study.
Broadband,                  Public Notice       TIA/USTelecom Ex   −   TIA filed an ex parte letter jointly with USTelecom asking the
Consumer Information and    Released: April     Parte Letter           FCC to seek public comment on its fixed broadband services
Public Notice               20, 2010                                   measurement RFQ before it chooses a vendor.

(CG Docket No. 09-158, CC   Ex Parte Letter     PUBLIC NOTICE      −   In the PN the Commission seeks comment on its Request for
Docket No. 98-170, WC       Submitted: March                           Quotation (“RFQ”), released pursuant to the National
Docket No. 04-36)           29, 2010                                   Broadband Plan recommendation that the FCC continue to
                                                                       collect and publish data on actual performance of fixed


                                                                                                                                   20
            Issue                      Date                   Links                                  Summary
                                                                            broadband services, which it used to select SamKnows as a
                                                                            third-party vendor to begin this effort.
                                                                          − The PN outlines SamKnows methodology, which proposes to
                                                                            solicit volunteers throughthrough social media, blogs, and
                                                                            other public sources to obtain applicants, which will then be
                                                                            screened by SamKnows to form a panel. The panelists will
                                                                            install SamKnows software that will test the panelists'
                                                                            broadband speed and performance.
                                                                          − SamKnows will measure, collect, and report the following
                                                                            data:
                                                                            • Data speed (being a combination of Download and Upload
                                                                                Speed)
                                                                            • Data usage
                                                                            • Download speed
                                                                            • Upload speed
                                                                            • Latency
                                                                            • Jitter
                                                                            • Availability

                                                                          −   The data will be sent to SamKnows. Consumer privacy will
                                                                              be protected, but ISPs will have full access to consumer data
                                                                              for their own networks. SamKnows will publish reports to the
                                                                              FCC quarterly.

Broadband,                       Notice of Inquiry    Notice of Inquiry   −   The NOI seeks comment on the legal framework for the
Internet Access Classification   Released: June 17,                           classification of broadband Internet access.
                                 2010                                     −   The NOI outlines three options for comment: 1. Retain current
(GN 10-127)                                                                   Title I regime; 2. Reclassify broadband Internet access as Title
                                                                              II; or 3. Classify broadband Internet access as Title II but
                                                                              forbear from all but certain targeted provisions (this is also
                                                                              known as the "Third Way.").
                                                                          −   The NOI separately asks the following:


                                                                                                                                           21
Issue         Date               Links                                       Summary
                                                   −   the appropriate treatment of terrestrial wireless and
                                                       satellite platforms, and non-facilities based ISPs;
                                                   −   the implications for state/local regulation;
                                                   −   the effective date if the FCC changes course; and
                                                   −   whether to close a 2002 proceeding on Open Access.

        TIA Comments      TIA Comments         −   TIA’s comments state that replacing Title I oversight with
        Submitted: July                            aggressive and intrusive regulation, including the proposed
        15, 2010                                   Third Way approach, will only lead to sustained upheaval in
                                                   the marketplace and to a detrimental impact on consumers and
                                                   the economy.
                                               −   Any attempt to separate the transmission component from the
                                                   information service component could lead to distortion of
                                                   network-design decisions.
                                               −   The Third Way approach is not necessary to meet the
                                                   Commission’s broadband goals, and TIA is particularly
                                                   troubled by the potential impact of even limited Title II
                                                   regulations, especially if such obligations are imposed without
                                                   sufficient restraint.
                                               −   The Comcast decision does not require the Commission to
                                                   explore alternative legal theories for broadband regulation.
                                               −   Ultimately, with respect to areas not within its existing legal
                                                   authority, the Commission should pursue a fourth way and
                                                   turn to Congress for guidance on proceeding with a new
                                                   broadband legal framework.

                          TIA Reply Comments   −   TIA noted that numerous network operators, equipment
                                                   vendors, and public interest groups agree that the existing
                                                   regulatory framework has been the principal force behind
                                                   massive private-sector investment and deployment over the
                                                   past decade.
                                               −   The Commission’s own data, as well as the data presented in


                                                                                                                22
Issue         Date                 Links                                        Summary
                                                      the National Broadband Plan, reveal that the vast majority of
                                                      Americans enjoy competition among multiple wired
                                                      broadband providers, as well as numerous wireless providers.
                                                  −   Private capital will continue to play a crucial role in building
                                                      out service to the small but significant number of unserved and
                                                      underserved Americans, and imposition of Title II regulation
                                                      would substantially reduce the investment of such capital.
                                                  −   Even the most modest conception of the so-called “Third
                                                      Way” would generate tremendous uncertainty regarding the
                                                      extent of current and future regulatory burdens, and that such
                                                      uncertainty would itself be inimical to investment and
                                                      deployment.
                                                  −   There is no technical or other basis for a determination that
                                                      broadband Internet access includes a severable
                                                      telecommunications component.
                                                  −   The Commission’s key broadband policy goals can be
                                                      achieved, by the Commission and other governmental actors,
                                                      without resort to a transparently contrived reclassification.

                                                  −   Used the CSMG Study to show, using business case models, it
        TIA Ex Parte        TIA Ex Parte              was noted that the analysis in the study demonstrates how
        Filed: August 26,   Attached CSMG Study       increased regulatory burdens constrain the commercial case for
        2010                                          network investment.
                                                  −   TIA also noted that the risks associated with regulation are
                                                      greater in the businesses cases modeled in the study, in
                                                      comparison to those in the narrowband Commercial Mobile
                                                      Radio Service (CMRS) market in its nascent stages.
                                                  −   Discussed how the study shows how a heightened regulatory
                                                      framework increases the required level of universal service
                                                      subsidies
                                                  −   TIA discussed the critical role private capital will continue to
                                                      play in expanding service to unserved and underserved
                                                      Americans, noting the existing regulatory framework’s

                                                                                                                   23
           Issue           Date                 Links                                       Summary
                                                                   responsibility in driving billions of dollars of private capital
                                                                   into next generation broadband networks.

                     TIA Ex Parte         TIA Ex Parte         −   TIA added an additional investment scenario to the study,
                     Filed: October 15,   Updated CSMG Study       where a suburban wireline telecommunications operator
                     2010                                          considering a Very-high-bitrate DSL (VDSL) over a Fiber to
                                                                   the Node (FTTN) network in its existing territory to enable
                                                                   heightened services such as IPTV or “triple play” offers, which
                                                                   yielded similar results to the other scenarios.


Broadband,           Public Notice        FCC PN               − What transmission services, technologies, or types of facilities
Business Broadband   Released:                                   are used in the business broadband marketplace that are
Marketplace          September 15,                               relevant to a full understanding of the marketplace? What is
                     2010                                        the overall size of the business broadband marketplace today,
(WC 10-188)                                                      in terms of revenues, demand, or other criteria?
                                                               − Of the various possible combinations of services,
                                                                 technologies, and facilities, how prevalent are particular
                                                                 combinations in this marketplace today, in terms of revenues,
                                                                 demand, or other criteria, and what explains this variation?
                                                                 − Do variations arise from differences among customer
                                                                     types; differences in service features, bandwidth, or other
                                                                     technical characteristics; differences in price; or other
                                                                     factors?
                                                               − What are the trends in the business broadband marketplace?
                                                                 − Which combinations of services, technologies, and
                                                                     facilities are increasing or declining in prevalence or
                                                                     importance, and why?
                                                                 − Are certain combinations more appropriate, available, or
                                                                     affordable for certain types of providers (e.g., mobile)?
                                                                 − What are the trends in pricing and technical characteristics
                                                                     for particular services, technologies, and facilities?


                                                                                                                                      24
             Issue             Date               Links                              Summary
                                                             −  What is the likely impact of non-traditional marketplace
                                                                participants and technologies, such as cable companies and
                                                                wireless platforms?
                                                            − What is the effect of the growth of new non-carrier
                                                                wholesale customers?
                                                            − Are companies such as (1) consumer electronics
                                                                companies seeking to embed broadband in devices such as
                                                                ebooks or tablets or (2) energy companies seeking to offer
                                                                retail smart grid products’ needs being adequately met?
                                                          − Comments are due on October 15, while reply comments are
                                                            due November 4.
Broadband,               Public Notice       FCC PN       − The FCC released a Public Notice (PN) seeking comment on
Rural Broadband Report   Released: January                   the best ways to update and assess the 2009 Rural Broadband
                         31, 2011                            Report, asking:
(GN 11-16)                                                  − What actions have the Commission and other federal
                                                                agencies taken since the 2009 Rural Broadband Report
                                                                that impact or enhance broadband deployment and
                                                                adoption in rural areas?
                                                            − Have improvements in federal broadband data collection
                                                                fostered rural broadband?
                                                            − What actions or changes that should be reflected in our
                                                                update and evaluation of the 2009 Rural Broadband
                                                                Report, including any additional measures that would
                                                                improve access to rural broadband deployment and
                                                                adoption?
                                                            − Interested parties are encouraged to submit relevant data
                                                                and analyses regarding broadband deployment and
                                                                adoption in rural areas.
                                                            − Comment is sought on the extent to which the
                                                                recommendations in the 2009 Rural Broadband Report
                                                                have been implemented.
                                                          − Comment is due on this PN by March 2, 2011.


                                                                                                                       25
Issue         Date              Links                             Summary
        Report Released   FCC Report
        June 22, 2011                   −  The FCC released its updated Rural Broadband Report, last
                                           released in 2009. Notably, the report does not include
                                           analysis of data on mobile broadband deployment or adoption
                                           due to concerns over the “accuracy or lack of granularity of
                                           the available mobile wireless data” that would be used to
                                           evaluate consumer access to services meeting the FCC’s
                                           broadband benchmark and subscription rates.
                                        − Using data from the State Broadband Data and Development
                                           Grant Program (SBDD) and FCC Form 477, the report states
                                           that “broadband deployment and adoption gaps in rural areas
                                           remain significant.
                                        − Deployment:
                                          − 72.5% of the 26.2 million Americans that still lack access
                                               to 3 Mbps/768 kbps or faster fixed broadband services
                                               reside in rural areas, even though only 21.7% of all
                                               Americans reside in rural areas.
                                          − Close to three out of ten rural Americans (28.2%) lack
                                               access to fixed broadband at 3 Mbps/768kbps or faster, a
                                               percentage that is more than nine times as large as the
                                               3.0% that lack access in non-rural areas.
                                          − Rural consumers have fewer choices among broadband
                                               technologies and providers than other consumers have.
                                        − Adoption: 18.9% of households in rural areas subscribe to a 3
                                          Mbps/768 kbps or faster fixed broadband service compared to
                                          33.6% of households in the U.S. as a whole.
                                        − The Commission then provides a synopsis of Federal activities
                                          to increase rural broadband deployment since the 2009
                                          report. Overviews of action from the USDA’s Rural Utility
                                          Service (under both Broadband Infrastructure Program and
                                          Farm Bill), the NTIA (Broadband Technology Opportunities
                                          Program), and the FCC under a number of dockets are
                                          provided.

                                                                                                    26
             Issue                  Date                 Links                                     Summary
                                                                     −   The report concludes that “[n]otwithstanding the substantial
                                                                         progress to date, there remains much for the industry as well as
                                                                         the Commission and its partners in federal, state, and Tribal
                                                                         governments to accomplish before the promise of broadband is
                                                                         realized for all Americans.”
Broadband,                    Request for         Federal Register   −    The National Telecommunications and Information
Enhancing Internet Assigned   Comment                                     Administration (NTIA) published a request for comment in
Numbers Authority Functions   Published in                                the Federal Register on how to enhance the performance of
(NTIA)                        Federal Register:                           Internet Assigned Numbers Authority (IANA) functions via
                              February 25, 2011                           the development and award of a new IANA functions
(GN 11-16)                                                                contract.
                                                                     −    Generally, IANA functions include:
                                                                         − The coordination of the assignment of technical Internet
                                                                             protocol parameters;
                                                                         − The administration of certain responsibilities associated
                                                                             with Internet DNS root zone management;
                                                                         − The allocation of Internet numbering resources; and
                                                                         − Other services related to the management of the .ARPA
                                                                             and .INT top-level domains.
                                                                     −    Currently NTIA has contracted IANA duties to the Internet
                                                                          Corporation for Assigned Names and Numbers (ICANN), but
                                                                          this contract will expire on September 30, 2011.
                                                                     −    Information submitted on this matter will be considered by
                                                                          NTIA during the procurement process as they negotiate a new
                                                                          contract for administration of IANA duties.
                                                                     −    Comment is due to NTIA by March 31, 2011.
                              Further Notice of   NTIA FNOI
                              Inquiry Released                       −   NTIA posted a FNOI on the functions of IANA. The FNOI
                              June 10, 2011                              summarizes key issues and themes raised in the docket and
                              Published to the    Federal Register       requests comments on 10 specific questions related to the
                              Federal Register:                          proceeding.
                              June 14, 2011                          −   Comments are due July 29, 2011 and should be submitted via


                                                                                                                                      27
           Issue                    Date                   Links                                   Summary
                                                                          email to IANAFunctionsFNOI@ntia.gov with reference to
                                                                          Docket No. 110207099-1319-02.
Broadband,                    National Science     NSTC Blog Post       − The Subcommittee’s purpose is to advise the NSTC on how to
National Science &            and Technology                              “develop principles and strategic directions with the goal of
Technology Council’s          Council Blog                                fostering consensus in legislative, regulatory, and international
Subcommittee on Privacy and   Post: October 24,                           Internet policy realms.”
Internet Policy               2010                                      − Ultimately, the Subcommittee aims to create a seamless
                                                                          privacy policy across the entire US government to most
                                                                          efficiently deal with internet privacy issues, and to work with
                                                                          private industry to increase innovation and economic
                                                                          opportunities while protecting individual privacy.
Broadband,                    Department of        DoC RFI              − DoC seeks input on a range of policy matters that can affect
The Administration’s          Commerce RFI                                our innovativeness and competitiveness but particularly the
Innovation Strategy           Published:                                  Administration’s Innovation Strategy (see
(Commerce)                    February 4, 2011                            http://www.Commerce.gov/ competes for a link to the report)
                                                                        − Comment is due April 1, 2011

                              TIA Filing           TIA Filing           −   TIA filed its Innovation Package: A Roadmap for Growing
                              Submitted: April                              Jobs & the Economy with the Department of Commerce.
                              1, 2011
Broadband,                    Report & Order       FCC R&O and Order    −   Sets a maximum timeframe of 148 days for utility companies
Pole Attachments UPDATED      and Order on         on Reconsideration       to allow pole attachments in the communications space, with
                              Reconsideration                               a maximum of 178 days allowed for attachments of wireless
(WC Docket No. 07-245, GN     Adopted &                                     antennas on pole tops, and an extra 60 days for large orders;
Docket No. 09-51)             Released: April 7,                        −   Sets the rate for attachments by telecommunications
                              2011                                          companies at or near the rate paid by cable companies;
                                                                        −   Confirms that wireless providers are entitled to the same rate
                                                                            as other telecommunications carriers;
                                                                        −   Allows ILECs, which are not covered by the rate schedule, to
                                                                            file complaints with the FCC for relief from unreasonable
                                                                            rates, terms, and conditions;
                                                                        −   Clarifies that the denial by a utility of a request for attachment


                                                                                                                                           28
            Issue                  Date                Links                              Summary
                                                                   must explain the specific capacity, safety, reliability, or
                                                                   engineering concern;
                                                               −   Encourages negotiated resolution of disputes and pre-
                                                                   planning and coordination between pole owners and attachers,
                                                                   which will be taken into account in any enforcement action;
                                                                   and
                                                               −   Removes the cap on penalties for unauthorized attachments.
                                                               −   OMB approval was given to information collection
                                                                   requirements on July 12, 2011.

                                                               −   The FCC issued a public notice of two petitions for
                             FCC Public          FCC PN            reconsideration on the FCC’s pole attachment Report and
                             Notice Released:                      Order and Order on Reconsideration.
                             July 28, 2011                     −   One petition is from National Cable & Telecommunications
                                                                   Association, COMPTEL, and tw telecom, inc.; the other is
                                                                   from the Coalition of Concerned Utilities.
                                                               −   Oppositions to petitions due August 10, and replies to an
                                                                   opposition due August 22.
Broadband,                   FCC Notice of       FCC NOI       −   The FCC launched a comprehensive inquiry into how it can
Public Rights of Way and     Inquiry Adopted                       work with its state, local, Tribal, and federal partners to
Wireless Facilities Siting   & Released: April                     improve policies for access to rights of way and for wireless
                             7, 2011                               facility siting.
(WC Docket No. 11-5)                                           −   The broad Notice of Inquiry seeks comment and data
                                                                   regarding challenges and best practices, dispute mediation,
                                                                   and educational efforts, and examines the need for policy
                                                                   guidelines or rules.
                                                               −   This inquiry is described as a necessary step towards
                                                                   determining whether there is a need for coordinated national
                                                                   action to improve rights of way and wireless facilities siting
                                                                   policies, and, if so, what role the Commission should play in
                                                                   conjunction with other stakeholders.
                                                               −   The FCC seeks a detailed record of the nature and scope of


                                                                                                                                29
           Issue                     Date              Links                               Summary
                                                                  broadband deployment issues, including both best practices
                                                                  that have promoted deployment and matters that have resulted
                                                                  in delays.
                                                               − The NOI was published to the Federal Register on May 17,
                                                                  2011. Comments are due July 18, 2011 and Reply Comments
                                                                  are due August 30, 2011.
Broadband,                     FCC Public         FCC PN       − The FCC launched a comprehensive inquiry into how it can
“Need for Speed” Information   Notice Released:                   work with its state, local, Tribal, and federal partners to
for Broadband Consumers        April 11, 2011                     improve policies for access to rights of way and for wireless
                                                                  facility siting.
(CG Docket No. 09-15)                                          − Specific questions posed in the PN:
                                                                 − What are the most important service characteristics that
                                                                     consumers need to consider to determine their broadband
                                                                     performance requirements?
                                                                 − Taking into consideration costs and benefits, what is the
                                                                     most effective way to ensure that broadband providers
                                                                     inform consumers about broadband performance needs?
                                                                 − What is the best way to present information regarding
                                                                     broadband performance needs in a concise, cost-effective
                                                                     manner that facilitates informed consumer choice?
                                                                 − Given the dynamic nature of broadband performance and
                                                                     consumer needs, how often should “need for speed”
                                                                     information be updated to stay current?
                                                                 − Once “need for speed” standards and materials are
                                                                     developed, what are the most effective ways to get the
                                                                     information into the hands of consumers?
                                                                 − How can we ensure that standardized “need for speed”
                                                                     information is accessible for people with disabilities?
                                                                 − Given that a variety of factors will influence a broadband
                                                                     consumer’s experience—some in the consumer’s control,
                                                                     some in the service provider’s control, and some outside of
                                                                     the control of both—how can these determinants of


                                                                                                                             30
           Issue                 Date                   Links                                Summary
                                                                        network performance best be conveyed to consumers so
                                                                        that they can optimize their broadband service quality?
                                                                −    Comments are due on this PN by May 26, and replies are due
                                                                     June 16.
Broadband,                 FCC Notice          Notice           −    The FCC has announced the establishment of the Open
Open Internet Advisory     Published: April                          Internet Advisory Committee (OIAC). This committee was
Committee                  21, 2011                                  originally announced in Section VI of the FCC’s open
                                                                     Internet Order.
                                                                −    The committee will be a Federal Advisory Committee, and
                                                                     has the purpose of aiding the Commission in tracking
                                                                     developments related to the freedom and openness of the
                                                                     Internet in such areas as “transparency, reasonable network
                                                                     management practices, differences in treatment of fixed and
                                                                     mobile services, specialized services, technical standards, and
                                                                     the state of competition.” The Committee will also make
                                                                     recommendations on the open Internet framework to the
                                                                     Commission.
                                                                −    OIAC is intended to consist of the following interests:
                                                                    − Consumer advocates
                                                                    − Internet engineering experts
                                                                    − Content, application, and service providers
                                                                    − Network equipment and end-user-device manufacturers
                                                                        and suppliers
                                                                    − Investors
                                                                    − Broadband service providers
                                                                    − Any other parties the Commission may deem appropriate

                           FCC Public          FCC PN           −   The FCC announced that it will be accepting nominations for
                           Notice Published:                        the OIAC. Nominations are due by September 1, 2011
                           June 30, 2011
Broadband,                 FCC Further         FCC FNOI         −   The FCC launched a comprehensive inquiry into how it can
Annual Assessment of the   Notice of Inquiry                        work with its state, local, Tribal, and federal partners to

                                                                                                                                 31
            Issue                     Date       Links                               Summary
Status of Competition in the   Adopted: April               improve policies for access to rights of way and for wireless
Market for the Delivery of     20, 2011                     facility siting.
Video Programming              Released: April           − The FCC has released a Further Notice of Inquiry (FNOI) that
                               21, 2011                     seeks comment on the state of competition in the market for
(MB Docket No. 07-269)                                      delivery of video programming.
                                                         − In this FNOI the FCC seeks additional data for 2009 and new
                                                            data for 2010. Notably, the report that will result from the
                                                            input received on this FNOI will consider online video
                                                            distributers (OVDs) for the first time.
                                                         − This FNOI seeks comment specifically in the area of
                                                            consumer premises equipment (CPE) in ¶66-67:
                                                           − What is the state of the retail market for set-top boxes,
                                                               including set-top boxes that do not use CableCARDs such
                                                               as those sold at retail for use with DBS services?
                                                           − What are the different types and capabilities of CPE used
                                                               to access video content, both MVPD supplied and non-
                                                               MVPD supplied?
                                                           − How is competition among video programming
                                                               distributors affected by developments related to CPE, such
                                                               as electronic programming guides, two-way functionality,
                                                               and CableCARDs that permit the reception of secured
                                                               programming services without a leased set-top box, and
                                                               developments in the regulatory environment for consumer
                                                               premises equipment?
                                                           − How does digital rights management (DRM) technology
                                                               and related issues affect the availability of video
                                                               programming to consumers?
                                                           − What are the state of the relationships between MVPDs
                                                               that deliver video programming and manufacturers of
                                                               consumer premises equipment, especially cable and DBS
                                                               set-top boxes and devices that enable consumers to move
                                                               video delivered over the Internet to televisions?


                                                                                                                      32
            Issue                 Date                Links                               Summary
                                                               − Comments are due June 8, and reply comments are due July 8
Broadband,                  Public Notice        FCC PN       − The FCC announced that, jointly with the Federal Trade
Location Based Services     Released: May 17,                    Commission (FTC), it will hold a forum on “how consumers
                            2011                                 can be both smart and secure when realizing the benefits of
WT Docket No 11-84                                               Location Based Services (LBS)”.
                                                              − This public forum will occur on June 28 from 9a-3p ET at the
                                                                 FCC (445 12th Street, SW, Washington DC, 20554).
                                                              − This is noted as being in response to recent attention on
                                                                 information gathering of consumer information through
                                                                 mobile devices.
                                                              − Specific topics to be addressed:
                                                                − How LBS works
                                                                − The benefits and risks of LBS
                                                                − What consumers should and should not do
                                                                − Industry best practices
                                                                − What parents should know about location tracking when
                                                                    their children use mobile devices
                                                              − The FCC notes that over the last several months, it has had an
                                                                 internal working group examining the privacy implications of
                                                                 the increased use of LBS and related services.
                                                              − The FCC also seeks comment on the topics to be addressed in
                                                                 the public forum, due July 8.
Broadband,                  Public Notice        FCC PN       − The FCC has issued a PN seeking comment on a NCTA
NCTA Section 652 Petition   Released: July 8,                    petition which asks the Commission to clarify that section
UPDATED                     2011                                 652 does not restrict transactions between cable operators and
                                                                 competitive LECs. NCTA’s filing is intended to clarify the
WT Docket No 11-118                                              relationship of cable operators and CLECs with Local
                                                                 Franchise Authorities (LFAs).
                                                              − Comment is due August 22, and replies are due September
                                                                 21.
Broadband,                  Public Notice        FCC PN       − The FCC has released a Public Notice (PN) seeking comment
tw Telecom, Inc. Petition   Released: July 15,                   on a Petition for Declaratory Ruling filed by tw telecom, inc.

                                                                                                                            33
           Issue                    Date              Links                                Summary
UPDATED                      2011                                 (TW) that has asked for the FCC to clarify that:
                                                                 − TW' s facilities-based VoIP services (these include
WT Docket No 11-119                                                  “interconnected VoIP services that are delivered using
                                                                     facilities (such as unbundled network elements, special
                                                                     access, or other wholesale inputs) leased and operated by
                                                                     the service provider”) are telecommunications services as
                                                                     well as telephone exchange services and/or exchange
                                                                     access, and that accordingly, TW has the right under
                                                                     Section 251(c)(2) of the Act to establish direct IP-to-IP
                                                                     interconnection with incumbent LECs for the transmission
                                                                     and routing of TW's facilities-based VoIP services; and
                                                                 − that TW has the right under Section 251(c)(2) of the Act to
                                                                     establish direct IP-to-IP interconnection with incumbent
                                                                     LECs for the transmission and routing of IP-in-the-middle
                                                                     voice services (“voice services that originate and terminate
                                                                     in Time Division Multiplexing (TDM) format but are
                                                                     converted to IP format for transport”).
                                                               − Comment is due on August 15, and replies are due on August
                                                                  30.
CALEA
CALEA,                       TIA Comments       TIA COMMENTS   −   TIA argues that the first R&O lacks specificity.
Broadband Access and         Submitted:                        −   As a result of having to meet difficult CALEA standards the
Services                     January 19, 2006                      FCC should refrain from implementing the 18 month
                                                                   compliance deadline until after the scope of extending
(ET Docket No. 04-295, RM-                                         CALEA to VoIP and broadband services is better defined.
10865)
                             Order Adopted:     FCC 2ND R&O,   −   The FCC concludes that “Safe Harbor” standards are met if
                             May 3, 2006        MO&O               the carrier, manufacturer or support service provider is in
                             Released:                             compliance with publicly available industry technical
                             May 12, 2006                          standards.




                                                                                                                                 34
          Issue                Date             Links                                 Summary
                                                         −   VoIP and facility providers must supply caller id information
                                                             so long as it is “reasonably achievable” (i.e. not a burden or
                                                             requiring a significant system overhaul).

                                                         −   TTPs remain available, but are still held to the same standards
                                                             as all under CALEA.
                                                         −   Under §107I petitions for extension of relief does not apply to
                                                             equipment, facilities or services deployed on or after October
                                                             25, 1998 only prior.
                                                         −   Under §109(b)(1) in extraordinary cases by
                                                             telecommunications carriers facing particularly high CALEA
                                                             related costs can recover costs if compliance is not reasonably
                                                             achievable (significant difficulty or expense-must meet high
                                                             burden under11 criteria) and the facilities, equipment or
                                                             services were deployed post January 1, 1995 or; If the
                                                             facilities, equipment or services was deployed on or before
                                                             January 1, 1995.
                                                         −   Responsible for the cost of development unless meet the
                                                             criteria for relief outlined under §109(b). (not an exemption)
                                                         −   FCC declines to set forth standards regarding new
                                                             technologies under CALEA as it is against the public interest
                                                             and innovation.
                                                         −   Broad enforcement ability against carriers and non carriers
                                                             under §229 of Communications Act of 1934:
                                                             o Enforcement of CALEA also applies to manufacturers.
CALEA,                  Petition Filed:   DoJ PETITION   −   The U.S. Dept. of Justice submitted a Petition for Rulemaking
DoJ Petition for CDMA   June 21, 2007                        to the FCC contending that four additional intercept
Capabilities                                                 capabilities be included in the CALEA standard for
                                                             CDMA2000 packet date wireless services.
(RM-11376)                                               −   These capabilities are: (1) Packet activity reporting; (2) More
                                                             granular mobile handset information at the beginning and end
                                                             of communication; (3) Service quality; and (4) Timing


                                                                                                                         35
           Issue                  Date              Links                               Summary
                                                                 information (time stamping).
                            TIA Comments      TIA COMMENTS
                            Submitted: July                  −   TIA argues that the additional capabilities requested by law
                            20, 2007                             enforcement have already been rejected as beyond the “plain
                                                                 language” of the statute.
                            TIA Ex Parte      TIA EX PARTE
                            Submitted:                       −   Port numbers are typically not call-identifying information
                            Dec 7, 2007                          (CII); rather, this information is “content.”
                                                             −   The FCC must take into account the lack of cost recovery for
                                                                 these additional capabilities.
                                                             −   The FCC should not impede technological innovation by
                                                                 imposing any specific technology or onerous requirements.
Disability Access
Disability Access,        der Adopted:        FCC MO&O       −   The FCC’s first MO&O addresses waivers filed by nineteen
Hearing Aid Compatibility ril 6, 2007                            non-nationwide carriers filed waivers seeking extensions to
                          leased:                                comply with the 09/16/05 HAC deadline, established in the
(WT Docket No. 01-309, WT ril 11, 2007                           2003 HAC order, arguing that hearing aid-compatible
Docket No. 07-250)                                               handsets were not yet available as of the deadline.
                                                             −   Waivers were granted and denied in part and full nunc pro
                                                                 tunc.
                                                             −   FCC tentatively concludes that it should adopt a number of
                                                                 rule changes proposed by the Joint Consensus Plan (JCP).
                                                                 The proposals change the percentage of HAC phones that
                                                                 wireless providers and manufacturers must offer from 50% to
                                                                 33%.
                                                             −   Stays enforcement of 50% requirement from Feb. 18, 2008 to
                                                                 April 18, 2008.
                                                             −   Seeks comment on how HAC rules will affect new
                                                                 technologies and services.
                            TIA Comments      TIA COMMENTS   −   TIA filed in support of adopting the JCP without imposing
                            Submitted:                           additional requirements on emerging technologies.

                                                                                                                             36
Issue        Date               Links                                   Summary
        December 21,
        2007

        R&O Adopted:       FCC R&O, NPRM     −   The FCC adopted an Order implementing the JCP’s new
        November 5, 2007                         percentage requirements; requiring CMRS phones to be HAC
        Released:                                in any spectrum band for which there is an established
        November 7, 2007                         technical standard; and did not apply HAC requirements to
                                                 Wi-Fi devices.


        2nd R&O Adopted: FCC 2ND R&O         −   Requires manufacturers to provide contact information to the
        February 26, 2008                        FCC for Part 68 questions and complaints.


        Order on           FCC ORDER ON      −   On its own motion, the FCC extended the stay of enforcement
        Reconsideration    RECONSIDERATION       of the 50% requirement until 30 days after publication of the
        Adopted: April     & ERRATUM             1st R&O in the Fed-Reg
        17, 2008                             −   Requires the Wireless Telecommunications Bureau and the
                                                 Office of Engineering and Technology to use a notice-and-
                                                 comment rulemaking to approve new versions of ANSI
                                                 C63.19.

                                             −   On June 12 the FCC published a notice in the Federal Register
        Request for        REQUEST FOR           seeking additional comments on open issues in this docket.
        Comments: June     COMMENTS (FED-    −   The FCC seeks comments on how HAC rules should apply to
        12, 2008           REG)                  multi-mode and multi-band devices and the application of its
                                                 de minimis exception to the HAC rules.
                                             −   Comments are due August 28, 2008.

                                             −   On August 28, 2008, TIA submitted comments in support of
        TIA Comments       TIA COMMENTS
                                                 the Commission’s decision to adopt the proposal in the Joint
        Submitted:
                                                 Consensus Plan to retain the existing de minimus exception
        August 28, 2008
                                                 and codify that the exception applies on a per air interface

                                                                                                            37
Issue         Date                   Links                                Summary
                                                 basis.
                                             −   The de minimus exception is important for all manufacturers,
                                                 regardless of size because it enables manufacturers to
                                                 expeditiously bring innovative products to market and
                                                 determine whether consumer demand warrants a more
                                                 expansive deployment of the new technology, and also
                                                 enables manufacturers to phase out products used with older,
                                                 less efficient technologies.

                                             −   The Commission should continue to foster innovation through
                                                 retaining the existing de minimus rule because the exception is
                                                 critical to industry’s ability to promote innovation of new
                                                 technologies; the de minimus rule is not an absolute barrier to
                                                 products covered by the rule eventually becoming hearing aid
                                                 compatible.

        Notice Released:    Notice           −   Notice regarding Section 20.19, Hearing Aid-Compatible
        February 17, 2009                        Mobile Handsets Annual Reporting.
                                             −   The FCC seeks OMB approval for “All Electronic” Form 655.
                                                 The FCC wants to mandate the electronic format for the next
                                                 July 15, 2009 filing deadline applicable to manufacturers.


        COAT Notice of      COAT Ex Parte    −   On March 2, 2009 COAT filed an ex parte letter, which is
        Ex Parte Filed:                          basically a “wish list” for FCC and Disability Rights Office
        March 2, 2009.                           action under the new administration, which includes, among
                                                 several other things:
                                                 − Elevating CGB’s Disabilities Rights Office (DRO) to a
                                                     formal “Office” level akin to OET.
                                                 − Ensuring DRO “works with other Bureaus and Offices to
                                                     conduct audits and reviews in order to ensure that there is
                                                     full compliance with and enforcement of the FCC’s
                                                     existing regulations for disability access.”

                                                                                                              38
Issue          Date                Links                                Summary
                                               −   Addressing a number of pending closed captioning issues.
                                               −   For hearing aid compatibility, “work with the Wireless
                                                   Bureau to oversee any additional changes in the hearing
                                                   aid compatibility (HAC) regulations and assist that bureau
                                                   in resolving any issues that might arise pertaining to HAC
                                                   compliance.”

        Ex Parte Filed:     TIA Ex Parte   −   TIA communicated that modification to the de minimus rule
        July [21, 23, 27,                      should account for manufacturers and service provider’s use of
        28, 29], 2010                          the rule to promote new technologies, particularly on new air
                                               interfaces, and determine whether consumer demand warrants
                                               a more expansive deployment.
                                           −   Discussed OET’s practice of not allowing HAC certification
                                               for multimode handsets that operate in some air interface
                                               protocols to which the ANSI C63.19-2007 standard does not
                                               currently apply, notwithstanding that OET has authority to
                                               allow HAC certification for such devices on a case-by-case
                                               basis, which exacerbates manufacturers’ and service providers’
                                               HAC compliance challenges
                                           −   Recommended that the Commission consider the following:
                                               − For existing handset technologies, the current de minimus
                                                   exception should remain available to all manufacturers and
                                                   service providers for at least two years after Federal
                                                   Register publication of any modified rule.
                                               − For air interface protocols that have not yet been launched
                                                   (e.g., LTE) and existing air interface protocols to which the
                                                   C63.19 standard does not yet apply (e.g.WiMax), an
                                                   appropriate trigger for the minimum two year period is
                                                   warranted.
                                               − Once the applicable two-year period has expired, if three
                                                   of fewer handsets are offered for an air interface, at least
                                                   one must be HAC compliant.


                                                                                                             39
Issue         Date                Links                                        Summary
                                                     −    A limited exception should be retained, even after the two-
                                                          year period, for legacy handsets as they are phased out of a
                                                          portfolio.
                                                 −   Discussed the option of “powering down” of GSM devices in
                                                     the 1900 MHz band and noted that this option has not been
                                                     tested by the majority of handset manufacturers and service
                                                     providers

        Policy Statement  Policy Statement and   −   The Policy Statement emphasizes to developers of new
        and Second R&O Second R&O and                technologies the necessity of considering and planning for
        and FNPRM         FNPRM                      hearing aid compatibility at the earliest stages of the product
        Released: August                             design process.
        5, 2010                                  −   The Second Report and Order adopted today clarifies that the
        Published: August                            hearing aid compatibility rules cover customer equipment that
        23, 2010;                                    contains a built-in speaker and is designed to be typically held
        September 8, 2010                            to the ear, and also modifies the de minimis exception in the
                                                     existing rule so that all large entities are required to offer at
                                                     least one hearing aid-compatible model after a two-year initial
                                                     period.
                                                 −   The Further Notice of Proposed Rulemaking seeks comment
                                                     on extending the hearing aid compatibility rules to cover new
                                                     handsets and air interfaces.
                                                 −   Second R&O dates
                                                     − Reconsideration Petitions are due October 8.
                                                     − New Rules in the Order will be effective October 8, with
                                                          the exception of new consumer disclosure requirements
                                                          pending OMB approval.
                                                     − Handset offerings other than devices offered to providers
                                                          will be subject to new HAC rules September 8, 2011.
                                                     − The de minimus exception will end September 10, 2011.
                                                 −   FNPRM dates
                                                     − Comments are due October 25.


                                                                                                                    40
Issue          Date                 Links                              Summary
                                                 −   Reply comments are due November 22.

        Joint Petition      Joint Petition   −   LG, Motorola, Nokia, Research in Motion, Samsung, and Sony
        filed: October 8,                        Ericsson filed a Petition for Partial Reconsideration to the
        2010                                     FCC’s Hearing Aid Compatibility rules.
                                             −   The petitioners seek reconsideration of the decision to limit the
                                                 applicability of the rule that allows handset manufacturers to
                                                 enable user-controlled transmit power reductions of up to 2.5
                                                 decibels to demonstrate compliance with the Commission’s
                                                 HAC rules for digital mobile handsets operating on the GSM
                                                 air interface in the 1900 MHz band.
                                                 − As adopted the “power down” rule applies to companies
                                                      that would be considered de minimus but for their
                                                      size. The petitioners request that the rules apply to all
                                                      manufacturers of GSM handsets that operate in the 1900
                                                      MHz band.
                                             −   TIA supported this position in comments filed on October 25th.

                                             −   Asks for comments to address the effect(s) of the newly-signed
        FCC Public          FCC PN               Twenty-First Century Communications and Video
        Notice released:                         Accessibility Act of 2010 on the proposed rules in the HAC
        October 12, 2010                         FNPRM, particularly regarding those that would include
                                                 customer equipment used to provide wireless voice
                                                 communications over any type of network among members of
                                                 the public or a substantial portion of the public.
                                             −   The Commission notes that the Act preserves the mobile
                                                 handset exemption from the hearing aid-compatible
                                                 requirement, and maintains the FCC’s authority to revoke or
                                                 limit this exemption if certain criteria are met.
                                             −   The comment and reply comment due dates are not altered.

                                             −   [The] [Policy Statement] principles can – and must – be
        TIA Comments        TIA Comments

                                                                                                               41
Issue          Date          Links                                  Summary
        Filed: October 25,               implemented consistently with Section 710 of the
        2010                             Communications Act, as recently amended by the
                                         Accessibility Act.
                                         − This approach can and must continue with respect to
                                              wireless equipment as well as advanced communications
                                              services devices newly subject to section 710.
                                     −   TIA supports the Commission’s proposal not to extend its rules
                                         to certain non-interconnected systems used solely for internal
                                         communications, such as public safety or dispatch networks.
                                     −   [I]n circumstances where a party other than the manufacturer
                                         or service provider can enable VoIP capability on a handset,
                                         the manufacturer should be subject to compliance with hearing
                                         aid compatibility regulatory and testing requirements only to
                                         the extent that it affirmatively incorporates such capability on
                                         the device at the time of HAC certification.
                                         − To the extent that consumers have the ability to
                                              incorporate third party VoIP products onto their handsets
                                              that affect the HAC functionality of their devices,
                                              consumer education – not new technical and testing
                                              requirements – is the appropriate mechanism for
                                              addressing such concerns.
                                     −   In order to facilitate the transition, TIA supports applying a
                                         limited form of the original de minimis rule, beyond the
                                         applicable two- year period, for legacy handsets as they are
                                         phased out of a company’s portfolio. Such an approach will
                                         help enable manufacturers and service providers focus their
                                         product development and HAC compliance efforts on new
                                         innovative devices that consumers demand.
                                     −   [T]he Commission should adopt an alternative to the] case-by-
                                         case waiver process that is already available under the
                                         Commission’s rules, however, does not afford companies with
                                         the certainty or lead time necessary to both efficiently manage
                                         their handset offerings while remaining in compliance with

                                                                                                      42
Issue         Date                Links                                       Summary
                                                    their HAC obligations. Waivers are necessarily time-
                                                    consuming, and inject uncertainty into product portfolio
                                                    management, to the potential detriment of new product
                                                    launches.
                                                −   To achieve the Commission’s policies of competitive and
                                                    technical neutrality and to allow for the flexibility set forth in
                                                    the Policy Statement, however, any power down option must
                                                    be available to all GSM 1900 MHz devices for all
                                                    manufacturers and service providers, regardless of size, as
                                                    purported in a Petition for Partial Reconsideration recently
                                                    filed jointly by a group of handset manufacturers.
                                                    − As with the existing power down rule, disclosure to
                                                         consumers is the appropriate means of addressing the other
                                                         potential implications of use of the power down option.


        FCC Submission     FCC Submission to    −   OMB sought comment on the information collection
        to OMB:            OMB                      requirements of the August 2010 HAC Order.
        November 4, 2010                        −   The language submitted confirms that the FCC expects that
                                                    disclosure language applies to any Wi-Fi, LTE and WiMax
                                                    device, consistent with the FCC’s and OET’s general approach
                                                    to date of effectively requiring that every mobile device with
                                                    over-the-top VoIP capability provide disclosure language.
                                                −   Comment was due on this information collection November
                                                    26, 2010.
        TIA Reply          TIA Reply Comments   −   Manufacturers and service providers should not be liable for
        Comments Filed:                             violations of Section 710 of the Act resulting from acts and
        November 22,                                omissions of third parties, including customers who download
        2010                                        third party VoIP products onto their handsets.
                                                    − Many commenters, including the hearing disabled
                                                        community, agree that manufacturers and service
                                                        providers should only be subject to Section 710 liability,

                                                                                                                   43
Issue   Date   Links                                 Summary
                               including testing requirements, to the extent that a
                               manufacturer affirmatively incorporates voice capability.
                       − Manufacturer or service provider should be subject to
                          compliance with HAC regulatory and testing requirements
                          only to the extent that it affirmatively incorporates such
                          capabilities on the device at the time of HAC certification.
                       − TIA members integrate hearing aid compatibility early in the
                          design process and the Commission should implement policies
                          that encourage this practice.
                       − The Commission should employ a waiver process that
                          balances the realities in the technology development process
                          and the existing efforts of manufacturers and service providers
                          to consider HAC in the early phases of the design process with
                          the needs of hearing disabled consumers.
                       − The waiver standard proposed by the Hearing Industry
                          Association is overly-burdensome and, if implemented by the
                          Commission, could impede the development of new
                          technologies.
                          − The proposal would greatly increase the burden associated
                               with compliance for manufacturers and service providers
                               due to (1) the apparent unnecessarily high information
                               requirements proposed20 and (2) costs associated with
                               unnecessary testing and time delays before a waiver can be
                               applied for.
                        − The Commission should encourage the hearing aid industry to
                           work more closely with manufacturers and service providers
                           to ensure increased access to voice communications.
                        − The scope of HAC rules in the recently enacted Accessibility
                           Act strikes the appropriate balance to ensure that new voice
                           technologies are available to all consumers without
                           unintentional consequence.



                                                                                      44
Issue         Date                 Links                                 Summary
                                               −   New disclosure requirements for manufacturers and service
        OMB Approval        Federal Register       providers in the HAC Report and Order pending OMB
        Published in                               approval were published in the Federal Register, making the
        Federal Register:                          rules effective December 14, 2010.
        December 14,
        2010
                                               −   The Wireless Telecommunications Bureau released a public
        FCC Public          FCC PN                 notice seeking comment on the operation and effectiveness of
        Notice Released:                           the Commission’s rules relating to hearing aid compatibility
        December 28,                               of wireless handsets.
        2010                                   −   The Bureau intends to comprehensively evaluate the
                                                   operation of the current hearing aid compatibility rules and
                                                   their success in making a broad selection of wireless phones
                                                   accessible to people who use hearing aids and cochlear
                                                   implants, as well as in making information about those
                                                   phones available to the public.
                                               −   Comments are due February 14, 2011 and replies are due
                                                   March 1, 2011

                                               −   The advisory notes that wireless providers, including
                                                   resellers, must report the status of their compliance with HAC
        FCC Public          FCC PN                 by January 18, 2011, and promises continued action against
        Notice Released:                           companies who do not comply.
        January 12, 2011                       −   The advisory notes an apparent trend to increase per-violation
                                                   forfeiture amounts during 2011.

                                               −   ANSI announced the publication of the 4th revision of the
        ANSI Revision to    ANSI Filing
                                                   ANSIA C63.19 standard for Compatibility between Wireless
        C63.19 Standard
                                                   Communications Devices and Hearing Aids and requested
        Submitted: June
                                                   that the FCC recognize the new version.
        24, 2011

                                               −   TIA noted that a comprehensive revision of OET Bulletin 65

                                                                                                              45
            Issue             Date               Links                                  Summary
                       TIA Ex Parte       TIA Ex Parte           Supplement C would provide grant applicants with increased
                       Filed: June 24,                           clarity, and would complement the Knowledge Database
                       2011                                      (KDB) process.
                                                              − Wholesale revision would more efficiently utilize resources
                                                                 than updating Supplement C on a KDB-by-KDB basis
                                                              − TIA also encouraged OET towards furthering the continued
                                                                 success of the Commission’s HAC policies by implementing
                                                                 the newly-adopted ANSI C63.19 standard into OET testing
                                                                 procedures for HAC
Disability Access,     R&O Released:      FCC R&O             − The June 15, 2007 R&O extends the disability access
VoIP                   June 15, 2007                            requirements that currently apply to telecommunications
                                          FCC NPRM              service providers and equipment manufacturers under section
(WC Docket No.04-36)                                            255 & 251(a)(2) to VoIP providers and VoIP equipment
                                                                manufacturers.
Disability Access,     Submitted to the   TEITAC FINAL        − TEITAC Report addresses how federal agencies and private
TEITAC Report          U.S. Access        REPORT                industries are expected to make electronic and information
                       Board: April 3,                          technology (E&IT) accessible to people with disabilities.
                       2008                                   − The recommendations are advisory, and the Access Board will
                                                                initiate a formal rulemaking process before adopting
                                                                regulations.
                                                              − The report address issues such as hearing aid compatibility
                                                                (HAC), real-time text (RTT), closed captioning, and user
                                                                interface.

                                                              −   The CTIA/TIA Minority Report states that the Technical
                                          CTIA/TIA MINORITY       Requirements need clarification within the context of §255.
                                          REPORT

                                                              −   The Access Board should be cautions regarding technical
                                                                  requirements for captioning and RTT due to standardization
                                                                  development and interoperability testing.



                                                                                                                                46
           Issue                    Date                 Links                                      Summary
                                                   ACCESS BOARD           − Requests the right to submit economic impact data at a later
                                                   DRAFT ICT                date.
                                                   STANDARDS AND          − The Access Board released for comments its draft updates of
                                                   GUIDELINES               ICT standards and guidelines under Section 508 and Section
                                                                            255. Comments are due June 21, 2010.
Disability Access,            R&O and FNPRM        R&O and FNPRM          − In the Order the FCC adopts a system for assigning users of
E911 Requirements             Adopted: June 11,                             Internet-based Telecom Relay Services (TRS), ten-digit phone
                              2008                                          numbers linked to the North American Number Plan (NANP).
(CG Docket No. 03-123; WC     Released: June 24,                          − This is intended to ensure that emergency calls placed by
Docket No. 05-196)            2008                                          Internet-based TRS users will be routed directly and
                                                                            automatically to the appropriate emergency services
                                                                            authorities.
                                                                            − The FNPRM seeks comment on additional issues relation
                                                                                to the assignment and administration of the numbers.

                              FCC Enforcement      FCC Enforcement        − The Enforcement Bureau Commission issued an advisory
                              Advisory             Advisory                 reminding providers of their obligations to comply with
                              Released:                                     Commission rules governing the provision of VRS and IP
                              February 16, 2011                             Relay regardless of the technology used to make a call.
Disability Access,            Public Notice        Public Notice          − The FCC is mandating that manufacturers and service
Hearing Aid Compatibility     Released: May 22,                             providers report on the status of compliance with the
Form 655                      2009                                          Commission’s hearing aid compatibility requirements by July
                                                                            15, 2009.
(DA 09-1128; DA 09-1298)
                              Public Notice        Public Notice          −    The FCC received approval from the Office of Management
                              Released: June 10,                              and Budget to mandate electronic filing of Form 655. Reports
                              2009                                            are due July 15, 2009.
Disability Access,             Workshop:           Workshop Transcripts   −   TIA’s comments addressed several questions posed at the
Broadband Opportunities for   August 20, 2009                                 Broadband Workshop. TIA suggests that instead of requiring
PWD                                                                           all accessibility features to be built into the device or network,
                              TIA Comments         TIA Comments               the Commission should consider the important role Assistive
(GN Docket Nos. 09-51, 09-    Submitted:                                      Technology (AT) and software can play in addressing specific


                                                                                                                                             47
      Issue         Date                  Links                                     Summary
47)           September 15,                                 disabilities. The comments highlight the interoperability
              2009                                          challenges faced by industry. Also, the Commission should
                                                            take into account people with disabilities when creating a
                                                            national broadband plan. TIA also advocates for a voluntary
                                                            online clearinghouse of currently available accessible
                                                            technologies to be maintained on accessible website which
                                                            can be used by consumers to assess which devices and
                                                            features can be used to facilitate communication based on an
                                                            individual’s needs, as well as a communication bridge
                                                            between the disability community and industry.

              TIA/CEA             TIA/CEA Comments      −   TIA/CEA share policymakers’ objective of promoting and
              Comments                                      improving accessibility for communications devices and
              Submitted:                                    services.
              October 6, 2009

              TIA Ex Parte        TIA Ex Parte Letter   −   The broadband ecosystem today, however, is highly
              Letter Submitted:                             competitive, decentralized and dispersed, and policymakers
              November 16,                                  need to re-think the traditional “top-down” approach to
              2009                                          accessibility regulation. Congress and the Commission have
                                                            also consistently understood that even well-intentioned rules
                                                            can undermine innovation and work to the detriment of
                                                            persons with and without disabilities.

              TIA Ex Parte        TIA Ex Parte Letter   −   TIA’s letter illustrates how Sections 255 and 508 and the
              Letter Submitted:                             HAC rules have affected innovation and the marketplace;
              November 25,                                  provides information on motivation for companies to
              2009                                          voluntarily incorporate accessibility into products; and
                                                            provides specific recommendations about international
                                                            standards harmonization.
                                                        −   TIA’s letter provided the Commission specific examples the
                                                            agency can take to foster accessibility, including the
                                                            establishment of an accessible information clearinghouse

                                                                                                                        48
            Issue                    Date                 Links                                     Summary
                                                                           website and address Real Time Text in the Communications,
                                                                           Security, Reliability, and Interoperability Council (CSRIC).

                                                   OBI Paper on        −   The second paper in a series of papers released in conjunction
                                                   Accessibility and       with the National Broadband Plan considers numerous
                                                   Technology Issues       barriers to broadband usage faced by people with disabilities,
                                                                           including inaccessible hardware, software, services and web
                                                                           content and expensive specialized assistive technologies. The
                                                                           paper recognizes the importance of removing barriers to
                                                                           accessibility by promoting industry innovation and building
                                                                           upon ongoing public and private sector collaborative efforts.
                                                                           At the same time, the paper identifies gaps that must be
                                                                           addressed to accelerate the adoption rate by people with
                                                                           disabilities.
                                                                       −   The paper builds upon the three broad recommendations from
                                                                           the National Broadband Plan: (1) the creation of a Broadband
                                                                           Accessibility Working Group (“BAWG”) within the
                                                                           Executive Branch; (2) the establishment of an Accessibility
                                                                           and Innovation Forum at the FCC; and (3) the modernization
                                                                           of accessibility laws, rules, and related subsidy programs by
                                                                           the FCC, the Department of Justice (“DOJ”), and Congress.
Disability Access,             Request for         FCC Blog            −   The FCC established a blog seeking comment on its
Accessibility and Innovation   Comment                                     Accessibility and Innovation Forum to be launched in July
Forum                          Released: May 17,                           2010.
                               2010                                    −   Specifically, the FCC seeks comment on its plans to: (1)
(Docket No. 10-100)                                                        launch a clearinghouse; (2) announce guidelines for the
                                                                           Chairman’s Award for Accessibility and Innovation; (3)
                                                                           expand blog coverage of ongoing accessibility efforts in the
                                                                           public and private sector; and (4) announce future workshops
                                                                           and field events.
                                                                       −   Comments are due June 10, 2010.

                               TIA Comments        TIA Comments        −   TIA filed comments supporting the establishment of an Online

                                                                                                                                      49
            Issue              Date            Links                               Summary
                        Submitted: June                  Clearinghouse in the form of an accessible web portal.
                        10, 2010                       − TIA suggested that the Clearinghouse be launched in a three-
                                                         step process and that any blog component be separate from the
                                                         informational clearinghouse.
                                                       − The establishment of an award should be used to encourage
                                                         and reward on-going innovation.
                                                       − Ongoing workshops, field events, and facilitated dialogues
                                                         should be used to promote innovative accessibility solutions.
Disability Access,      DOJ ANPRMs        DOJ ANPRMs   − DOJ announced that four Advanced Notices of Proposed
Department of Justice   Announced July    Factsheets     Rulemakings (ANPRMs) will be published in the Federal
ANPRMs                  26, 2010                         Register proposing changes to the following Americans with
                                                         Disabilities Act (ADA) areas:
                                                         − Web Accessibility: This ANPRM seeks input regarding
                                                             how DOJ can develop a practical legal structure for
                                                             website access that provides individuals with disabilities
                                                             access to the critical information, programs, and services
                                                             provided on the web, while respecting the uniqueness of
                                                             the internet.
                                                         − Next Generation 9-1-1: This ANPRM seeks comment on
                                                             what devices and modes of communication (text, video,
                                                             etc.) individuals with disabilities are using to make
                                                             emergency calls, and how to ensure that any new IP-based
                                                             9-1-1 centers can receive direct calls from these devices.
                                                         − Equipment and Furniture: This ANPRM seeks comment
                                                             on accessibility problems and possible solutions for a wide
                                                             range of equipment and furniture accessible to individuals
                                                             with disabilities (ex: interactive kiosks and “talking”
                                                             ATMs).
                                                         − Captioning and Video Description in Movies Shown in
                                                             Movie Theatres: This ANPRM seeks suggestions on
                                                             accessibility requirements for captioning and video in
                                                             movie theatres.


                                                                                                                     50
           Issue                   Date                 Links                                    Summary

                             DoJ Standards and   2010 ADA Standards   − DoJ posted official editions of its new 2010 ADA standards
                             Companion           and Companion          and companion guidance on its website.
                             Guidance            Guidance               − These publications are the requirements from DOJ’s
                             released:                                      regulations that implement the standards and set effective
                             September 15,                                  dates of the final rules for Title II (28 CFR part 35) and
                             2010                                           Title III (28 CFR part 36).
                                                                        − These documents aim to bring together all relevant
                                                                            information on using the standards in one source.
Disability Access            PN Released: July   Public Notice        − Sought comment on the following:
Accessible Mobile Phone      19, 2010                                   − The wireless phone features and functions in the current
Options for People who are                                                  marketplace that are not accessible for people who are
Blind, Deaf-Blind, or Have                                                  blind, have vision loss, or are deaf-blind and the extent to
Low Vision                                                                  which gaps in accessibility are preventing wireless
                                                                            communication access by these populations;
(CG Docket No. 10-145)                                                  − (2) The cost and feasibility of technical solutions to
                                                                            achieve wireless accessibility for these populations;
                                                                        − (3) Reasons why there are not a greater number of wireless
                                                                            phones – particularly among less expensive or moderately-
                                                                            priced handset models – that are accessible to people who
                                                                            are blind or have vision loss;
                                                                        − (4) Technical obstacles, if any, to making wireless
                                                                            technologies compatible with Braille displays, as well as
                                                                            the cost and feasibility of technical solutions to achieve
                                                                            other forms of compatibility with wireless products and
                                                                            services for people who are deafblind;
                                                                        − (5) Recommendations on the most effective and efficient
                                                                            technical and policy solutions for addressing the needs of
                                                                            consumers with vision disabilities, including those who are
                                                                            deaf-blind.
                                                                        − (6) Recommendations on actions that our bureaus or the
                                                                            Commission should take to address the current lack of


                                                                                                                                     51
Issue         Date                Links                                Summary
                                                   access.
        TIA Comments       TIA Comments
        Filed: September   TIA Appendix A   −   TIA commended the Commission for seeking to gather more
        13, 2010           TIA Appendix B       information about the mobile phone market for all consumers,
                                                including those who are blind, deaf-blind, or have low vision,
                                                as part of your broadband accessibility efforts.
                                            −   TIA provided an overview of the mobile device market by
                                                outlining the process by which handsets are brought to market
                                                and the technical obstacles associated with incorporating
                                                accessibility into wireless products and services.
                                            −   Noted that TIA members offer a wide range of mobile devices
                                                that provide accessibility to users with vision impairment.
                                            −   TIA noted that they have continually engaged in dialogue with
                                                the FCC on these matters and hopes these comments provide
                                                further guidance to determine appropriate next steps to
                                                achieve communications access for all populations.

        FCC Public         FCC PN           −   Reply comment due date extended until October 15, 2010.
        Notice Released:
        September 30,
        2010




                                                                                                           52
             Issue                Date               Links                                  Summary
Disability Access           FCC Public         FCC PN         −   Seeks comment on the requirement in Section 716 of the Act
Advanced Communications     Notice Released:                      that service providers of advanced communications services
Provisions of The Twenty-   October 21, 2010                      and manufacturers of equipment and software used with those
First Century                                                     services ensure that their equipment and services will be
Communications and Video                                          accessible to people with disabilities, unless not achievable.
Accessibility Act of 2010                                     −   Seeks initial comment on ways to implement new
                                                                  recordkeeping obligations imposed by new Section 717 on
(CG Docket No. 10-213)                                            entities subject to Sections 255, 716, and 718.
                                                              −   Seeks comment on the obligation imposed by new Section 718
                                                                  on manufacturers and service providers to provide access to
                                                                  Internet browsers in telephones used with public mobile
                                                                  services by blind or visually-impaired individuals.
                                                              −   Comments are due November 22 and reply comments are due
                                                                  December 7.
                            TIA Comments       TIA Comments   −   With the Accessibility Act, Congress expected the
                            Filed: November                       Commission to craft a regulatory regime that has a more
                            22, 2010                              rigorous standard than Section 255, but also allows industry
                                                                  greater flexibility than section 255.
                                                              −   The inclusion of VoIP capability does not render it a “stand-
                                                                  alone” non-interconnected VoIP offering subject to Section
                                                                  716 obligations.
                                                              −   The definition of “electronic messaging” excludes text-based
                                                                  transmissions such as blog postings and “Tweets.”
                                                              −   The definition of interoperable video conferencing service
                                                                  implies a two-way service that is limited to inter-platform,
                                                                  inter-network and inter-provider communications.
                                                              −   Congress intended that industry be afforded maximum
                                                                  flexibility in meeting the “achievable” standard.
                                                                  − Industry flexibility is also provided by allowing
                                                                      compliance through built-in features or through the use of
                                                                      nominal-cost third party applications or equipment. When


                                                                                                                              53
Issue         Date             Links                                 Summary
                                               determining what constitutes nominal cost, Congress
                                               intended that the Commission not fix a specific percentage
                                               or amount but rather determine “nominal cost” on a
                                               product-by-product and consumer-by-consumer basis.
                                       −   The Commission should view the compatibility requirement
                                           with industry flexibility and innovative third-party products in
                                           mind.
                                       −   The Commission should establish reasonable, outcome-
                                           oriented performance objectives and may adopt safe harbor
                                           rules based on industry-developed technical standards.
                                       −   Based on the Accessibility Act and Section 255, the
                                           Commission should evaluate each individual product and
                                           service on its own merits.
                                       −   The Commission should implement the Section 717
                                           recordkeeping requirements in a manner that provides industry
                                           flexibility and avoids any unnecessary burden.
                                       −   The Section 718 mobile internet browser accessibility
                                           obligations should be interpreted consistent with Section 716.

                                       −   The Advanced Communications Services NPRM seeks
        FCC Notice of     FCC NPRM         comment on the following:
        Proposed                           − How should the FCC implement the requirements of
        Rulemaking
                                              Section 104 of the CVAA, which creates new sections 716
        Adopted: March
                                              and 717 of the Communications Act? It is essential that
        2, 2011
                                              the Commission ensure that manufacturers of “advanced
        Released: March
                                              communications services” (ACS) equipment make their
        3, 2011
                                              devices and products accessible to people with disabilities.
                                              In certain cases where manufacturers cannot achieve
                                              compliance by making their products or services
                                              accessible, they must ensure that their equipment and
                                              services is compatible with assistive technologies used by
                                              people with disabilities.
                                           − Are there steps that the Commission should be taking to

                                                                                                        54
Issue          Date                  Links                                       Summary
                                                            enhance its enforcement and recordkeeping procedures for
                                                            manufacturers and providers, under Sections 255 and 716?
                                                            The CVAA directs the Commission to implement new
                                                            procedures in this area under Section 717.
                                                         − With section 718 taking effect in 2013, what steps can the
                                                            Commission and stakeholders take to ensure that ACS
                                                            manufacturers and service providers are working to make
                                                            mobile phone Internet browsers accessible to people who
                                                            are blind or visually impaired?
                                                     −   Comments are due April 13; reply comments are due May 13.

                                                     −   TIA, along with the American Foundation for the Blind, the
        Request for          Request for Extension       Consumer Electronics Association, and the Information
        Extension filed:                                 Technology Industry Council, requested a 30-day extension of
        March 30, 2011                                   the comment deadline on the Proposed Rule implementing the
                                                         advanced communications services provisions of the Twenty-
                                                         First Century Communications and Video Accessibility Act of
                                                         2010.

                                                     −   The FCC granted this petition on April 4, making comments
        FCC Order            FCC Order Granting          due April 25, and reply comments due May 23.
        Released: April 4,   Extension
        2011
                                                     −   As the Commission implements the CVAA, its rules should
        TIA Comments         TIA Comments                reflect the industry flexibility that Congress intended.
        Filed: April 25,                                 Achieving accessibility for ACS products is a complicated
        2011                                             process and manufacturers are just one part of a complex
                                                         ecosystem that includes service providers, software
                                                         developers, the assistive technology industry, and consumers.
                                                     −   Achieving accessibility for advanced communications services
                                                         (ACS) products is a complicated process and manufacturers
                                                         are just one part of a complex ecosystem that includes service
                                                         providers, software developers, the assistive technology

                                                                                                                     55
Issue   Date   Links                                  Summary
                           industry, and consumers.
                       −   The Commission is urged to interpret the terms of CVAA in a
                           manner that supports the intent of the Act by limiting the scope
                           of manufacturers’ liability for hardware and ACS applications
                           installed on the device before sale, interpreting the products
                           and services covered in light of the limiting language in the
                           Act, and excluding from the scope of the services and
                           equipment designed for a purpose other than using ACS.
                       −   In the event that the Commission declines to exclude the
                           services and equipment designed for purposes other than ACS
                           use, TIA urges the Commission to use its waiver authority
                           consistent with the intent of the CVAA to afford manufacturers
                           the flexibility to innovate.
                       −   Specifically, TIA believes that the “achievable” standard
                           should be interpreted by the Commission to reflect Congress’
                           intent to afford industry flexibility by focusing on the specific
                           covered entity and product at issue as opposed to competing
                           entities or products, and that the Commission’s rules should
                           support the use of third party accessibility solutions on a case-
                           by-case basis.
                       −   TIA posits that Commission should facilitate efficient
                           recordkeeping and informal resolution of complaints, and
                           recommends that:
                       −   The FCC’s recordkeeping requirements should be efficient,
                           flexible and limited to essential information.
                       −   Enforcement procedures be clarified and streamlined to
                           facilitate efficient resolution of complaints.
                       −   TIA also notes that as the FCC makes rules to implement the
                           CVAA’s performance objectives, it should maintain the
                           flexible approach Congress intended by:
                           − Establishing reasonable, outcome-oriented performance
                                objectives.


                                                                                         56
            Issue         Date              Links                                  Summary
                                                        −    Adopting safe harbor rules based on industry-developed
                                                             technical standards.
                                                        − Deferring the development of prospective guidelines until
                                                             a future proceeding.
                                                    −   The FCC is urged to interpret the definitions of “accessible to
                                                        and usable by” and “compatible” flexibly and defer
                                                        consideration of whether to incorporate the Access Board
                                                        guidelines until after completion of the Access Board’s related
                                                        proceeding; in the interim, the Commission is encouraged to
                                                        utilize the parallel definitions in Part 6 of its rules.
                                                    −   TIA advises the Commission that mobile internet browser
                                                        accessibility obligations under Section 718 of the Act should
                                                        be interpreted consistent with the Section 716 flexibility
                                                        requirements.
                    TIA Ex Parte     TIA Ex Parte   −    Consistent with its filing on the implementation of the CVAA,
                    Submitted June                      TIA communicated its belief that the most effective approach
                    15, 2010                            towards implementation of the CVAA will incorporate
                                                        flexibility principles that will allow for innovation to thrive as
                                                        manufacturers of devices providing ACS transition towards
                                                        compliance of the Commission’s rules
                                                    −   TIA urged the Commission to stay within the scope of the
                                                        factors listed in the CVAA when reviewing the accessibility of
                                                        an ACS product or service
                                                    −   TIA also advocated for the creation of a complaint process that
                                                        is fair and efficient and encouraged an emphasis be given to
                                                        the informal resolution of complaints, as the most beneficial to
                                                        all
                                                    −   TIA advised the Commission to adopt a transition period of
                                                        24-36 months before full enforcement occurs, and that such a
                                                        transition period is consistent with the public interest.
Disability Access   FCC Public       FCC PN         −   The FCC seeks nominations for membership of its Emergency


                                                                                                                       57
          Issue                   Date         Links                                 Summary
Emergency Access Advisory   Notice Released:               Access Advisory Committee (EAAC), established under the
Committee UPDATED           October 19, 2010               recently-passed Twenty-first Century Communications and
                                                           Video Accessibility Act of 2010.
                                                       −   The EAAC’s purpose is to form recommendations on the most
                                                           capable and efficient technologies, including Real Time Text,
                                                           that will enable disabled populations to have access to next
                                                           generation 911 (NG911).
                                                       −   In forming their recommendations to the Commission, the
                                                           EAAC must consider:
                                                           − What actions are required to encourage use of a national
                                                                IP-enabled network by disabled populations to increase
                                                                access to emergency services;
                                                           − Protocols, technical capabilities, and technical
                                                                requirements needed to improve disabled access to
                                                                emergency services;
                                                           − Technical standards for use by PSAPs, designated default
                                                                answering points, and local emergency authorities;
                                                           − Technical standards for communication devices,
                                                                equipment, and technologies to emergency access
                                                                reliability;
                                                           − Avoiding conflicts between NG911 disabled access
                                                                technical standards and IP-enabled network providers
                                                                features, functions, or capabilities;
                                                           − Deadlines for interconnected and non-interconnected VoIP
                                                                service providers and manufacturers to accomplish the
                                                                above, if possible; and for the possible phase out of
                                                                current-generation TTY technology with more effective
                                                                technologies to improve disabled access to emergency
                                                                services; and
                                                           − New possible 911 telecommunications relay services rules
                                                                as related regulations are adopted.



                                                                                                                     58
Issue         Date                Links                                      Summary
        FCC Public          FCC PN               −   The FCC released a Public Notice announcing the membership
        Notice Released:                             roster for the EAAC, reiterating the EAAC’s mission, and
        December 7, 2010                             announcing meeting dates.
                                                     − The first meeting of the EAAC will be held on January 14,
                                                         2011 at the FCC, from 9:30 a.m. to 4:30 p.m. Later
                                                         meetings will be held on the second Friday of every month
                                                         during 2011.
                                                     − David Dzumba, Nokia, has been appointed to serve as co-
                                                         chair on the EAAC on behalf of TIA and the Mobile
                                                         Manufacturers Forum.

        FCC Erratum         FCC Erratum          −   FCC released an Erratum amending the membership list of the
        Released: January                            Emergency Access Advisory Committee (EAAC). The
        11, 2011                                     Erratum makes several corrections to the existing list of
                                                     members and adds several alternates, but also adds two new
                                                     seats to the EAAC (one for the Federal agency group, and
                                                     another for industry), bringing the total to 34 seats.
                                                     Appointees to the two new seats are:
                                                     − John Snapp, now representing Intrado
                                                     − Douglas Montgomery, representing the National Institute
                                                         of Standards and Technology (NIST)

                                                 −   The FCC released its national survey to learn about emergency
        EAAC Survey         EAAC Survey              calling by individuals with disabilities.
        Released: March
                                                 −   The Emergency Access Advisory Committee (EAAC) will be
        17, 2011
                                                     using the data collected in this survey to develop
                                                     recommendations to the Commission on implementing video,
                                                     text, and voice technologies into the Next Generation 9-1-1
                                                     system.

                                                 −   The EAAC released the final version of their survey review
        EAAC Survey         EAAC Survey Review
                                                     and analysis report on emergency calling for persons with
        Report Released:    and Analysis

                                                                                                                  59
            Issue                    Date             Links                                 Summary
                              July 21, 2011                       disabilities.
Disability Access             FCC Public         FCC PN       −   Seeks to refresh the record on several issues raised in the 2005
Closed Captioning Rules       Notice Released:                    Closed Captioning NPRM.
                              October 25, 2010                −   Seeks to refresh the record regarding the need for mechanisms
(CG Docket No. 05-231, ET                                         and procedures, over and above the “pass through” rule, to
Docket No. 99-254)                                                prevent technical problems from occurring and to
                                                                  expeditiously remedy any technical problems that do arise,6
                                                                  including current and proposed obligations for video
                                                                  programming distributors to monitor and maintain their
                                                                  equipment and signal transmissions.
                                                              −   Seeks comment on the use of electronic newsroom technique
                                                                  (ENT), and whether the Commission’s rules should be revised
                                                                  to disallow the use of this technique for certain television
                                                                  Designated Market Areas (DMAs).
                                                              −   Seeks to refresh the record on certain issues raised in the 2008
                                                                  Closed Captioning NPRM.
                                                                  − Specifically, how the exemption in section 79.1(d)(12) of
                                                                      the Commission’s rules for channels producing revenues
                                                                      of less than $3,000,000 should apply to digital
                                                                      broadcasters that multicast
Disability Access             FCC Public         FCC PN       −   Eligibility issues comment is sought on:
Distribution of Specialized   Notice Released:                    − The definition of “individuals who are deaf-blind”
CPE to Low Income Deaf-       November 3, 2010                    − The definition of “low income,” and the proposal for the
Blind Individuals                                                     FCC to use its USF definition of “qualifying low-income
                                                                      user”
CG Docket No. 10-120                                          −   Covered equipment issues comment is sought on:
                                                                  − What type of specialized CPE should be distributed to
                                                                      “make telecommunications services, Internet access
                                                                      service, and advanced communications, including
                                                                      interexchange services and advanced telecommunications
                                                                      and information services accessible to people who are
                                                                      deaf-blind”


                                                                                                                                60
Issue   Date   Links                                 Summary
                           −   To what extent “mainstream” equipment is needed for use
                               in specialized CPE, and should be included in the
                               NDBEDP
                           − The anticipated lifespan of specialized CPE equipment
                           − How the NDBEDP can encourage the use of and
                               improvement on existing technology
                       −   State programs issues comment is sought on:
                           − The current landscape of state equipment distribution
                               programs
                           − Whether and how state equipment distribution programs
                               should serve as the primary means for distribution
                           − How the NDBEDP should pay for distribution within the
                               telecommunications relay service (TRS)
                       −   Logistics and criteria funding support issues comment is
                           sought on:
                           − If the NDBEDP relies on state programs to an extent, the
                               approval process and eligibility requirements that should
                               be adopted, and the proposal to adopt a similar system to
                               that used by USF for criteria of eligibility
                           − Whether state programs that participate should “screen”
                               consumer applicants to determine the most appropriate
                               specialized CPE, and if NBDEDP funding is available for
                               this effort
                           − Technical or other support, or upgrades, that should be
                               offered to participating consumers after distribution of
                               specialized CPE
                           − To what extent NBDEDP should be used to compliment
                               (or replace) already existing state programs.
                       −   Oversight and reporting issues comment is sought on:
                           − What recordkeeping or reporting should be required
                           − Whether the Commission should require audits or any
                               other safeguards against waste and fraud

                                                                                      61
Issue         Date               Links                            Summary
                                         −   Comments are due November 17, and reply comments are due
                                             November 23.

        FCC Notice of       FCC NPRM     −   Comment is sought on consumer eligibility, including:
        Proposed                             − How to appropriately direct state programs that are
        Rulemaking                               authorized to distribute equipment under the NDBEDP to
        Adopted and                              apply the Helen Keller National Center of individuals
        Released: January                        definition of deaf-blind in accordance with the underlying
        14, 2011                                 intent of the Accessibility Act.
                                             − The tentative conclusion that individuals claiming
                                                 eligibility under the NDBEDP should be permitted to
                                                 obtain verification from any practicing professional who
                                                 has direct knowledge of the individual’s disability.
                                             − Whether to adopt an income threshold, to be applied
                                                 nationwide, that is 400% of the Federal Poverty Guidelines
                                                 (FPG).
                                             − Whether individuals already enrolled in certain low
                                                 income programs automatically be deemed eligible to
                                                 receive equipment as long as the income threshold for
                                                 eligibility in those programs does not exceed the threshold
                                                 the Commission establishes for participation in this
                                                 program.
                                         −   Comment is sought on covered equipment and related services,
                                             specifically:
                                             − The proposal that certified NDBEDP programs be given
                                                 the discretion to determine the specific equipment needed
                                                 by individual consumers during the NDBEDP’s pilot
                                                 period.
                                             − The extent to which certain mainstream equipment should
                                                 be considered specialized CPE under the statute and
                                                 should be covered.
                                             − The extent to which funding caps should be imposed on


                                                                                                         62
Issue   Date   Links                                Summary
                              the amount of money available for the purchase of
                              equipment whether mainstream or adaptive for each
                              individual who is eligible to receive equipment under the
                              NDBEDP, what the appropriate funding caps should be,
                              and the period of time to which such cap should apply.
                           − The proposal that individuals be permitted to obtain new
                              equipment every five years and new software on an as
                              needed basis.
                           − The tentative proposal not to allocate funding at this time
                              for R&D or market research at this time.
                           − The proposal that the state EDPs or certified NDBEDP
                              programs (where there is no state EDP) be given the
                              discretion to determine the need for individualized
                              assessments on a case-by-case basis, and to select the
                              appropriate personnel within their programs to carry out
                              this responsibility.
                           − The proposal that funding be available for the installation
                              of equipment and individualized training of end users
                              associated with equipment distributed under the NDBEDP,
                              and "the extent to which equipment and software
                              manufacturers whose equipment is purchased for the
                              program should provide training or contribute to the costs
                              of providing training for their products."
                           − The tentative conclusion that maintenance, repair, and
                              warranty expenses be compensable under the NDBEDP
                              where these are not incurred as a result of negligence or
                              misuse on the part of the consumer or distribution
                              program.
                       −   Comment is further sought on funding, including:
                           − The proposal for a funding allocation that is proportional
                              to the population at large of each state, and whether caps
                              should be placed on the administrative functions related to
                              participation in the program, as well as if such caps should

                                                                                       63
           Issue             Date              Links                                  Summary
                                                                vary based on factors such as state deaf-blind population
                                                                numbers.
                                                           − The proposal to use a reimbursement mechanism that pays
                                                                for equipment already distributed..
                                                       −   Comment is also sought on oversight and reporting issues,
                                                           including:
                                                           − The proposal that, on a six month basis, state EDPs report
                                                                a variety of information detailed in the NPRM.
                                                       −   Comment on logistics and division of responsibilities between
                                                           the Fund Administrator and the TRS Fund Administrator.
                                                       −   Comment on the need for a newly created advisory body that
                                                           could work with the NDBEDP Program Administrator and
                                                           Fund Administrator to evaluate consumer experiences with the
                                                           program, assess the program’s benefits, explore new
                                                           technologies, and consider changes to the program’s features;
                                                           or, alternatively, that this responsibility be given to either the
                                                           Consumer Advisory Committee or the Interstate TRS Fund
                                                           Advisory Council.
                                                       −   Comments were due February 4, 2011; reply comments were
                                                           due February 14, 2011.

                                                       −
Disability Access      FCC Public         FCC PN       −   WTB seeks comment on the operation and effectiveness of the
HAC 2010 Review        Notice Released:                    Commission’s rules relating to hearing aid compatibility of
                       December 28,                        wireless handsets
WT Docket No. 10-254   2010                            −   Sought to comprehensively evaluate the operation of the
                                                           current hearing aid compatibility rules and their success in
                                                           making a broad selection of wireless phones accessible to
                                                           people who use hearing aids and cochlear implants, as well as
                                                           in making information about those phones available to the
                                                           public.
                                                       −   The Bureau will consider whether to recommend to the


                                                                                                                          64
Issue         Date              Links                                Summary
                                             Commission both rule revisions and non-regulatory measures
                                             to ensure that persons with hearing loss will continue to have
                                             broad access to evolving modes of wireless communication.
        TIA Comments      TIA Comments
        Filed: February                  −   By encouraging collaboration among stakeholders and the
        14, 2011                             utilization of voluntary consensus based standards, the
                                             Commission can continue to improve accessibility and
                                             encourage innovation, thereby meeting its statutory obligations
                                             under Section 710 of the Communications Act and maintaining
                                             the enormous success of the Commission’s HAC regime.
                                         −   The feasibility and necessity of any new benchmarks should be
                                             reassessed after manufacturers and service providers have had
                                             experience in deploying new models and services under the
                                             current regime and the revised standard.
                                         −   Nor should the Commission impose a 100 percent compliance
                                             requirement. Such an approach would be detrimental to
                                             investment and innovation because manufacturers would likely
                                             need to withdraw existing products from the market and delay
                                             the introduction products in the U.S. to meet such a rule.
                                         −   Issues concerning the ANSI C63.19-2007 standard should be
                                             revisited after the 2010 standard is adopted and manufacturers
                                             have had the opportunity to test and obtain HAC certification.
                                         −   The Form 655 filing process for manufacturers could be more
                                             efficient if the Form were available for filers to populate all
                                             year or during a greater portion of the year.
                                         −   Regarding other hearing technologies, the Bureau should
                                             evaluate WG-11’s findings and recommendations in
                                             collaboration with manufacturers, service providers, hearing
                                             aid manufacturers and consumers, and consider whether any
                                             recommendations for Commission action are necessary.
                                         −   Answers to questions relating to hearing aid capabilities should
                                             come from hearing aid manufacturers are particularly relevant
                                             to future efforts to improve the information available to

                                                                                                          65
           Issue                    Date               Links                                 Summary
                                                                   hearing aid users.
                                                               −   Collaboration among affected stakeholders is among the most
                                                                   effective and efficient means of addressing accessibility
                                                                   concerns that arise regarding technology and marketplace
                                                                   developments.
Disability Access             FCC Public          FCC PN       −   Seeks quantitative data and comments based on systematic
Video Relay Service Program   Notice Released:                     primary or secondary research, where it is available, on the
UPDATED                       February 17, 2011                    following issues:
                                                                   − What specific features or functions of off-the-shelf
CG Docket No. 10-51                                                    equipment, services, and software are needed to effectively
                                                                       use VRS? Commenters should specify whether each
                                                                       feature or function is necessary to use VRS and point-to-
                                                                       point communications or could be optional.
                                                                   − What broadband speeds and frames-per-second
                                                                        transmission rates are necessary for acceptable video
                                                                        quality?
                                                                   − What lux (lx) level ratings are required for a camera to
                                                                        produce acceptable images in low light settings?
                                                                   − What other features must a camera have (e.g., pan, zoom,
                                                                        tilt)?
                                                                   − How much jitter (lateral and angular) is tolerable? To what
                                                                        extent are consumers currently using off-the-shelf video
                                                                        communication software and/or platforms in connection
                                                                        with VRS?
                                                                   − How often do consumers use [video] technologies (e.g.,
                                                                        Skype, Apple FaceTime) as compared to equipment and
                                                                        software issued by VRS providers for point-to-point
                                                                        communications?
                                                                   − What are the advantages and disadvantages of the off-the-
                                                                        shelf technologies compared to technologies provided by
                                                                        VRS providers?
                                                                   − For example, are there specific functionalities – for either


                                                                                                                               66
Issue         Date                Links                                   Summary
                                                     VRS or point-to-point communications – that these
                                                     technologies offer that are not available on devices issued
                                                     by providers?
                                                  − What are the current limitations of such technologies (e.g.,
                                                     with respect to interoperability, numbering, emergency
                                                     services) and to what extent do such limitations impede
                                                     their use by persons who rely on VRS?
                                                  − Do such off-the-shelf technologies comply with the
                                                     Commission’s current rules?
                                                  − If they do not comply, in what ways do they not comply?
                                                  − Should the Commission’s rules be modified in any way to
                                                     provide more flexibility to VRS users to utilize off-the-
                                                     shelf equipment, and if so, how?
                                              −   Comment is due April 1; reply comments are April 18.
        FCC Report &         FCC R&O, FNPRM   −   The FCC released a Report and Order (R&O) adopting rules to
        Order, Further                            detect and prevent fraud and abuse in the video relay service
        Notice of                                 (VRS), noting that fraud and abuse have “plagued the current
        Proposed                                  program and threatened its long-term sustainability.”
        Rulemaking                            −   Also adopted was a Further Notice of Proposed Rulemaking
        Adopted: April 5,
                                                  (FNPRM) seeking comment on ways to revise the current
        2011
                                                  certification process to ensure that potential providers
        Released: April 6,
                                                  receiving certification are qualified to provide Internet-based
        2011
                                                  relay service, as well as how to improve oversight.
                                              −   The rules adopted in the R&O will take effect June 1, 2011,
                                                  with the exception of § 64.604(b)(4)(iii), and all recordkeeping
                                                  and reporting requirements that must first be approved by
                                                  OMB.
                                              −   Comment is due on the FNPRM by June 1, and replies are due
                                                  by June 16.
        FCC Public           FCC PN
        Notice Released:                      −   Extends the Video Relay Service certification period until


                                                                                                               67
Issue         Date               Links                                      Summary
        May 9, 2011                                November 4, 2011 for those VRS or IP Relay Service
                                                   providers who are currently certified but face expiration before
                                                   or on November 4. The FCC has taken this action so that it
                                                   does not have to undergo certification renewals while it puts
                                                   together rules based on responses to its VRS Further Notice of
                                                   Proposed Rulemaking (comments due June 1; reply comments
                                                   by June 16)
                                               −   Existing conditions including those adopted in the April 6 VRS
                                                   order (these rules mostly take effect June 1, see above) must be
                                                   met.

        FCC Second        FCC 2nd R&O, Order   −   The FCC has released a Second Report & Order and Order (2nd
        Report & Order,                            R&O and Order) changing the process for certifying Internet-
        Order Released:                            based Telecommunications Relay Service (iTRS) providers for
        July 28, 2011                              payment from the Interstate TRS Fund.
                                               −   This 2nd R&O:
                                                   − Requires all iTRS providers to obtain certification from the
                                                       FCC in order to be eligible to receive compensation from
                                                       the Fund;
                                                   − Requires all VRS applicants to lease, license or own, as
                                                       well as operate, essential facilities associated with TRS
                                                       call centers and to employ interpreters to staff those
                                                       centers at the date of the application;
                                                   − Requires each iTRS applicant for certification to submit
                                                       specific types of documentary evidence of its ability to
                                                       comply with all of the Commission’s rules, including those
                                                       newly adopted in the VRS Practices R&O.
                                                   − Adopts rules governing on-site visits by Commission staff
                                                       to the premises of applicants for certification, as well as to
                                                       iTRS providers’ premises after they are certified.
                                                   − Revises rules governing annual compliance reports filed
                                                       by certified providers, and substantive TRS program
                                                       changes that must be reported to the Commission.

                                                                                                                  68
            Issue                 Date              Links                                 Summary
                                                                −   Requires prior approval for planned cessations of VRS
                                                                    service of 30 minutes or longer.
                                                            −   The Order adopts an interim rule requiring that providers
                                                                certify, under penalty of perjury, that their certification
                                                                applications and annual compliance filings required under
                                                                section 64.606(g) of the Commission’s rules are truthful,
                                                                accurate, and complete.
Disability Access           FCC Notice of     FCC NPRM      −   This NPRM would reinstate the Commission’s video
Video Description:          Proposed                            description rules that were previously overturned by the U.S.
Implementation of the       Rulemaking                          Court of Appeals more than a decade ago. The enactment of
Twenty-First Century        Adopted: March                      the CVAA in 2010 provided the Commission with ample
Communications and Video    2, 2011                             authority for the reinstatement of these rules.
Accessibility Act of 2010   Released: March                 −   As directed by Congress in the CVAA, the proposed rules
                            3, 2011                             would require:
MB Docket No. 11-43                                             − Large-market broadcast affiliates of the top four national
                                                                     networks and large multichannel video programming
                                                                     distributors (“MVPDs”) to provide video description;
                                                                − These broadcasters to provide 50 hours per quarter of
                                                                     video-described primetime or children’s programming,
                                                                     with affected MVPDs providing the same amount on each
                                                                     of the five most popular non-broadcast networks; and
                                                                − All network-affiliated broadcasters and all MVPDs to
                                                                     “pass through” any video description included in network
                                                                     or broadcast programming they carry. Live or near-live
                                                                     programming would be exempt from the proposed rules.
                                                            −   Comments are due April 18; reply comments are due May 17.

                                                            −   The FCC granted a request to extend the due date of comments
                            FCC Order         FCC Order
                                                                and reply comments to the NPRM.
                            Released: March
                                                            −   Comments are due: April 28, 2011; Reply Comments are
                            22, 2011
                                                                due: May 27, 2011.
Contributions to the        FCC Notice of     FCC NPRM      −   Section 103(b) of the CVAA, which mandates that the


                                                                                                                           69
           Issue                  Date                Links                                   Summary
Telecommunications Relay   Proposed                               Commission extend participation in and contribution to the
Service Fund               Rulemaking                             Telecommunications Relay Service (“TRS”) Fund to
                           Adopted: March                         interconnected and non-interconnected Voice over Internet
CG Docket No. 11-46        2, 2011                                Protocol (“VoIP”) service providers.
                           Released: March                    −   Although interconnected VoIP service providers already
                           3, 2011                                contribute to the Fund under Commission rules, this would
                                                                  statutorily codify that practice, and further extend this
                                                                  obligation to non-interconnected providers.
                                                              −   The TRS Fund NPRM seeks public comment on the following:
                                                                  − Should the safe harbor provision extend to non-
                                                                       interconnected VoIP providers?
                                                                  − What revenues should be included in calculating TRS
                                                                       contributions, i.e., just revenues from interstate end-user
                                                                       calls or revenues from all sources?
                                                                  − Should the FCC require VoIP providers that offer services
                                                                       for free and have zero enduser revenues to make any
                                                                       contributions to the TRS Fund?
                                                              −   Comments are due May 4; reply comments are due May 19.
                           TIA Ex Parte        TIA Ex Parte   −   In the ex parte TIA reiterates the point it made on page 9 of
                           Submitted: May 4,
                                                                  our CVAA comments, where we urged the Commission to, in
                           2011
                                                                  FCC Form 499-A to:
                                                                  − (1) have non-interconnected VoIP report TRS revenues
                                                                       under Block 5 instead of Block 4, and
                                                                  − (2) to add a new activity category to Block 1, Line 105
                                                                       titled “Non-Interconnected VoIP TRS.”




                                                                                                                               70
            Issue                      Date            Links                                  Summary
Disability Access               FCC Report &     FCC Order     −   The FCC released a Report and Order establishing a pilot
Relay Services for Deaf-Blind   Order Adopted:                     National Deaf-Blind Equipment Distribution Program
Individuals                     April 6, 2011                      (NDBEDP) to certify and provide funding to entities in each
                                                                   state so that they can distribute specialized customer premises
CG Docket No. 10-210                                               equipment (CPE) to low-income individuals who are deaf-
                                                                   blind.
                                                               −   The Consumer & Governmental Affairs Bureau will be
                                                                   certifying only one entity per state as eligible to receive
                                                                   support for the distribution of equipment to individuals who
                                                                   are deaf-blind. $10 million will be made available for each
                                                                   year of the program, with $500k set aside for national outreach
                                                                   efforts.
                                                               −   The following key principles were adopted for the NBDEDP:
                                                                   − Certified Programs: Entities must apply for certification
                                                                        to receive funding support under the NDBEDP pilot
                                                                        program within 60 days of the effective date of the
                                                                        rules. The Commission will certify only one entity for
                                                                        each state.
                                                                   − Consumer Eligibility: “Individuals who are deaf-blind,”
                                                                        as defined in the Helen Keller National Center Act, are
                                                                        eligible to apply for equipment. A low-income eligibility
                                                                        threshold of 400% of the Federal Poverty Guidelines is set
                                                                        for qualification.
                                                                   − Equipment: Distribution of specialized and off-the-shelf
                                                                        equipment, separately or in combination, is allowed as
                                                                        long as it meets the needs of the deaf-blind individual and
                                                                        makes communications services covered under the CVAA
                                                                        accessible. The reasonable costs of the equipment
                                                                        distributed, warranties, maintenance, repairs, and
                                                                        refurbishing will be covered.
                                                                   − Related Services: The reasonable costs of state and local
                                                                        outreach efforts, individual assessments of a deaf-blind
                                                                        person’s communications equipment needs, equipment

                                                                                                                                71
Issue   Date   Links                                 Summary
                               installation, and individualized training of consumers on
                               how to use the equipment will also be covered under the
                               NDBEDP.
                       −   The Order was published in the Federal Register on May 9,
                           2011 with the rules to take effect June 8, 2011 with the
                           exception of those aspects involving recordkeeping and
                           reporting, which will be effective upon OMB approval.

                       −   The FCC released a Report and Order establishing a pilot
                           National Deaf-Blind Equipment Distribution Program
                           (NDBEDP) to certify and provide funding to entities in each
                           state so that they can distribute specialized customer premises
                           equipment (CPE) to low-income individuals who are deaf-
                           blind.
                       −   The Consumer & Governmental Affairs Bureau will be
                           certifying only one entity per state as eligible to receive
                           support for the distribution of equipment to individuals who
                           are deaf-blind. $10 million will be made available for each
                           year of the program, with $500k set aside for national outreach
                           efforts.
                       −   The following key principles were adopted for the NBDEDP:
                           − Certified Programs: Entities must apply for certification
                                to receive funding support under the NDBEDP pilot
                                program within 60 days of the effective date of the
                                rules. The Commission will certify only one entity for
                                each state.
                           − Consumer Eligibility: “Individuals who are deaf-blind,”
                                as defined in the Helen Keller National Center Act, are
                                eligible to apply for equipment. A low-income eligibility
                                threshold of 400% of the Federal Poverty Guidelines is set
                                for qualification.
                           − Equipment: Distribution of specialized and off-the-shelf
                                equipment, separately or in combination, is allowed as

                                                                                           72
           Issue                  Date             Links                                 Summary
                                                                   long as it meets the needs of the deaf-blind individual and
                                                                   makes communications services covered under the CVAA
                                                                   accessible. The reasonable costs of the equipment
                                                                   distributed, warranties, maintenance, repairs, and
                                                                   refurbishing will be covered.
                                                               − Related Services: The reasonable costs of state and local
                                                                   outreach efforts, individual assessments of a deaf-blind
                                                                   person’s communications equipment needs, equipment
                                                                   installation, and individualized training of consumers on
                                                                   how to use the equipment will also be covered under the
                                                                   NDBEDP.
                                                           −   NDBEDP rules will take effect on June 8, 2011, with the
                                                               exception of the following, which are pending Office of
                                                               Management and Budget approval:
                                                               − 47 CFR 64.610(b) – The certification process that must be
                                                                   undertaken by a program to be designated as the sole
                                                                   distributor of CPE under the NDBEDP.
                                                               − 47 CFR 64.610(e)(1)(ii) – Requires each verified program
                                                                   to certify that the person receiving the equipment meets
                                                                   the “deaf-blind” and income eligibility requirements.
                                                               − 47 CFR 64.610(e)(1)(viii) – The two-year record retention
                                                                   requirement.
                                                               − 47 CFR 64.610(e)(1)(ix) – Compliance with the reporting
                                                                   requirements contained in 47 CFR 64.610(g) [see two
                                                                   bullets down].
                                                               − 47 CFR 64.610(e)(1)(f) – Items eligible for
                                                                   reimbursement.
                                                               − 47 CFR 64.610(e)(1)(g) – The bi-annual reporting
                                                                   requirements under the NBDEDP.
FCC Procedure
FCC Procedure, Forbearance   R&O Adopted:    FCC R & O     −   The Commission released an order setting forth detailed
Petitions                    June 26, 2009                     procedural requirements governing forbearance petitions.

                                                                                                                            73
          Issue                Date                  Links                                 Summary
(WC Docket No. 07-267)   Released: June 29,                      First, all petitions must now be complete at time of filing.
                         2009                                    Specifically, the Order requires future petitions “to state
                                                                 explicitly the scope of the relief requested; to address each
                                                                 prong of the statute as it applies to the rules or provisions from
                                                                 which the petitioner seeks relief; to identify any other
                                                                 proceedings pending before the Commission where the
                                                                 petitioner speaks to the relevant issues (or declare not to have
                                                                 spoken to the issue, if that is the case); and to comply with
                                                                 simple format requirements intended to facilitate our and the
                                                                 public’s review of the petition.”
                                                             −   Next, the petitioner bears both the burden of production and
                                                                 the burden of persuasion, and every forbearance petition must
                                                                 be sent via e-mail to forbearance@fcc.gov. All parts of the
                                                                 petition must be submitted in searchable format.
                                                             −   Also, once the rules adopted in the Order take effect, the
                                                                 Commission will post on its web site a non-binding timeline
                                                                 for the disposition of forbearance requests. The Commission
                                                                 expressly precludes petitioners from withdrawing or
                                                                 significantly narrowing a forbearance petition more than 10
                                                                 business days after reply comments are due without
                                                                 Commission authorization.
                                                             −   The new rules will take effect 30 days after Federal Register
                                                                 publication, with the exception of those aspects involving
                                                                 recordkeeping and reporting, which will be effective upon
                                                                 OMB approval.


FCC Procedure,           NPRM Adopted:        NPRM           −   Requires disclosure of every oral ex parte presentation unless
Ex Parte Rules           February 18, 2010                       a specific exemption applies, and to require the filing of a
                         NPRM Released:                          notice that summarizes all data and arguments that were
(GN Docket NO. 10-43)    February 22, 2010                       presented.
                                                             −   Codifies preference for electronic filing.
                                                             −   Seeks comment on whether to amend the rules exemption

                                                                                                                                74
Issue         Date              Links                                  Summary
                                               certain communications from the ban on ex parte
                                               presentations during the Sunshine period or in restricted
                                               proceedings.

                                           −    In the Order:
        Report & Order     R&O and FNPRM       − Expanded notice requirements intended to promote
        and Further                                 transparency in ex parte proceedings.
        Notice of                              − Parties will be required to file notices for all oral ex parte
        Proposed                                    presentations made in permit-but-disclose proceedings,
        Rulemaking                                  regardless of whether they involve new data or arguments
        Adopted:                                    or simply reiterate what the party has already submitted in
        February 1, 2011                            the written record of the proceeding.
        Released:                              − The Commission also extended the filing deadline for ex
        February 2, 2011                            parte notices from one business day to two business days
                                                    after the presentation was made.
                                               − Parties will be required to file ex parte notices
                                                    electronically and the filings should be made in machine-
                                                    readable and text-searchable formats where feasible.
                                               − The Commission declined to modify this exemption to the
                                                    Sunshine Period prohibition, but adopted a new filing
                                                    requirement to promote transparency and administrative
                                                    efficiency.
                                               − Specifically, the Sunshine Period will begin on the
                                                    calendar day (including business days, weekends, and
                                                    holidays) following release of the Sunshine notice.
                                               − If an ex parte presentation is made on the day the FCC
                                                    releases a Sunshine notice, the notice must be filed the
                                                    next business day with any reply filed the following
                                                    business day.
                                               − Notices for oral presentations made during the Sunshine
                                                    Period must be made on the day the presentation is made
                                                    with any reply filed the following business day.


                                                                                                             75
           Issue                     Date             Links                              Summary
                                                                  − These rules are effective as of June 1, with information
                                                                    collection regulations pending OMB approval.
                                                              − In the FNPRM:
                                                                − Comment is sought on what type of disclosure rule would
                                                                    best balance the interest of providing information
                                                                    regarding real parties-in-interest without unduly burdening
                                                                    the disclosing party or requiring duplicative filings.
                                                                − Comment is due June 16, 2011; reply comments are due
                                                                    July 17, 2011.
Net Neutrality
Net Neutrality,                PS Adopted:      FCC POLICY    −   FCC Broadband Policy Consumer Principles:
FCC Policy Statement           August 5, 2005   STATEMENT         o Access the lawful Internet content of their choice.
                               Released:                          o Run applications and use services of their choice, subject
(CC Docket No. 02-33, CC       September 23,                           to the needs of law enforcement.
Docket No. 01-337, etc.)       2005                               o Connect their choice of legal devices that do not harm the
                                                                       network.
                                                                  o Competition among network providers, application and
                                                                       service providers, and content providers.
                                                              −   Footnote stating the principles are “subject to reasonable
                                                                  network management”
Net Neutrality,                NOI Adopted:     FCC NOI       −   Seeks comment on: (1) how broadband providers manage
Broadband Industry Practices   March 22, 2007                     internet traffic, (2) whether providers charge different prices
NOI                            NOI Released:                      for different speeds or capability of service, (3) whether the
                               April 16, 2007                     Policy Statement should be amended to include a
(WC Docket No. 07-52)                                             “nondiscrimination requirement;” and whether the FCC has
                                                                  legal authority to enforce its Policy Statement.
                                                              −   Seeks comment on whether to distinguish between content
                                                                  providers that charge for access to content and those who
                                                                  don’t.
                                                              −   Seeks comment on consumers are affected by broadband
                                                                  market industry practices.



                                                                                                                              76
            Issue                      Date               Links                                  Summary
                                TIA Comments        TIA COMMENTS   −   TIA argues issues surrounding broadband industry practices,
                                Submitted: June                        including connectivity, convergence, quality of service,
                                13, 2007                               prioritization of date, network neutrality, competition,
                                                                       innovation, security, and consumer protection should be
                                                                       handled by regulators in the least invasive manner as possible
                                                                       and only when there is clearly a demonstrated need.
                                                                   −   TIA provides the technical explanation and basis for different
                                                                       treatment of packets; a justification for competitive pricing;
                                                                       and why the Policy Statement should not be modified to
                                                                       include a nondiscrimination provision.
Net Neutrality,                 Petition Filed:     VUZE, FP       −   FCC granted two Petitions for Rulemaking on the subject of
Vuze and Free Press Petitions   Nov 14, 2007        PETITIONS          network neutrality
                                                                   −   Vuze petitions seeks comment on what constitutes
(WC Docket No. 07-52)                                                  “reasonable network management” practices by broadband
                                                                       network operators.
                                                                   −   Free Press petition seeks comment whether the practice of
                                                                       degrading peer-to-peer traffic violates the FCC’s Internet
                                                                       Policy Statement.

                                TIA Comments        TIA COMMENTS   −   In its comments and reply comments, TIA supports the FCC’s
                                Submitted:                             Internet Policy Statement, which recognizes the importance of
                                February 13, 2008                      reasonable network management.
                                                                   −   TIA urges the Commission to address claims on a case-by-
                                TIA Reply           TIA REPLY          case basis, as detailed bright-line rules would distort market
                                Comments            COMMENTS           incentives and undermine the user experience.
                                Submitted:                         −   TIA advocates that consumers must receive meaningful
                                February 28, 2008                      disclosure of material terms of service.

                                                                   −   In its ex parte meetings and letter, TIA emphasized that the
                                                    TIA EX PARTE       FCC should examine network management complaints on a
                                                                       case-by-case basis, the initial burden should be on the party
                                                                       filing the complaint, and network management is necessary to


                                                                                                                                   77
Issue         Date                Links                                     Summary
                                                     insure a positive consumer experience.

        Order Adopted:      FCC Order            −   At its Aug. 1, 2008 Open Meeting the FCC determined that
        August 1, 2008                               Comcast’s throttling of peer-to-peer traffic on its network
        Order Released:                              constituted unreasonable network management by a 3-2 vote.
        August 20, 2008                          −   Within 30 days of the release of the Order, Comcast must: 1.
                                                     Provide the FCC details of its discriminatory network
                                                     management practices; 2. Describe how it intends to stop
                                                     these practices by the end of 2008; and 3. Disclose to its
                                                     customers and the FCC the network practices that will replace
                                                     current practices.
                                                 −   The August 20, 2008 Order finds that Comcast violated the
                                                     “national Internet policy” from §230(b) of the Act.
                                                 −   In addition to §230(b) the Order cites six other statutory
                                                     provisions used to establish FCC jurisdiction. The FCC will
                                                     continue to adjudicate network management issues on a case-
                                                     by-case basis.
                                                 −   The Order does not impose fines or other retrospective
                                                     penalties on Comcast, but it does establish automatic
                                                     temporary injunctive relief if Comcast does not file the
                                                     required report on the transition to its new network
                                                     management plan by the end of the year. In this event, the
                                                     Commission will open a formal hearing to impose a
                                                     permanent cease and desist order.

                                                 −   The Wireline Competition Bureau and Office of General
        WCB and OGC         WCB and OGC Letter       Counsel sent a letter asking Comcast to provide justification
        Letter to Comcast                            as to why its Voice over IP (VoIP) service is not subject to its
        Sent: January 18,                            new policy involving de-prioritization of traffic but third-party
        2009.                                        VoIP services that run over Comcast’s network are subject to
                                                     this policy. The letters asks for a response by January 30th.



                                                                                                                   78
           Issue                   Date                 Links                                        Summary

                                                                         −   Comcast’s response letter explains that its VoIP service is
                            Comcast              Comcast Response            separate from its High Speed Internet (I) service, which is the
                            Response Letter to   Letter                      service implicated by the FCC’s Order. It says third party
                            WCB and OGC                                      VoIP services, such as Vonage and Skype, are applications
                            Sent: January 30,                                that run “over-the-top” of high-speed Internet access service.
                            2009                                         −   The letter also addresses the FCC’s suggestion that Comcast
                                                                             Digital Voice (CDV) could be classified as a
                                                                             telecommunications service by citing to Commission
                                                                             precedent that an information service using a
                                                                             telecommunications component is not necessarily a
                                                                             “telecommunications service.”

                                                                         −   Free Press submitted a written ex parte on April 3, 2009
                            Free Press Written   Free Press Written Ex       asking the Commission to make clear that the Internet Policy
                            Ex Parte             Parte                       Statement applies to wireless service providers that offer
                            Submitted: April                                 broadband Internet access service and to investigate the extent
                            3, 2009.                                         of wireless providers’ role in and justifications for alleged
                                                                             blocking of applications.
Net Neutrality,             Petition Filed:      PETITION                −   Asks the FCC to declare that text messaging and short codes
Public Knowledge Petition   December 11,                                     are Title II Services or Title I Services subject to §202
                            2007                                             Nondiscrimination rules
(WT Docket No. 08-7)                                                     −   Argues text messaging is an interconnected mobile service
                            Accepted: January                                subject to common carrier regulations
                            14, 2008                                     −   Discrimination harms free speech, is anti-competitive, causes
                                                                             monetary harms, stifles innovation, and affects public health

                                                 FCC PUBLIC              −   FCC seeks comment on Petition
                                                 NOTICE
Net Neutrality,             PS Adopted:          FCC POLICY              −   FCC Broadband Policy Consumer Principles:
FCC Policy Statement        August 5, 2005       STATEMENT                   o Access the lawful Internet content of their choice.
                            Released:                                        o Run applications and use services of their choice, subject
(CC Docket No. 02-33, CC    September 23,                                       to the needs of law enforcement.

                                                                                                                                          79
           Issue                   Date                Links                                       Summary
Docket No. 01-337, etc.;)   2005                                           o   Connect their choice of legal devices that do not harm the
                                                                               network.
                                                                           o Competition among network providers, application and
                                                                               service providers, and content providers.
                                                                       −   Footnote stating the principles are “subject to reasonable
                                                                           network management”



                            Speech of           Chairman               −   Chairman Genochowski proposed 5PthP and 6PthP net
                            Chairman            Genochowski’s Speech       neutrality principles. The 5PthP principle of nondiscrimination
                            Genochowksi-                                   prevents broadband providers from discriminating against
                            Proposed                                       particular lawful internet content or applications. This means
                            Rulemaking 5PthP                               that the provider cannot block or disfavor applications
                            and 6PthP Net                                  because it competes with a service the provider offers. This
                            Neutrality                                     does not prevent reasonable network management, nor does it
                            Principles:                                    prevent the provider from preventing the distribution of
                            Delivered                                      unlawful, copyrighted material. The 6PthP principle is
                            September 21,                                  transparency, meaning that broadband providers must be
                            2009                                           transparent about their network management practices. The
                                                                           Chairman will circulate his reasoning for the proposed
                                                                           rulemaking to the other commissioners and ask for input.

Net Neutrality,             Memorandum          FCC MO&O               −   The Commission included several conditions on Comcast, to
Comcast-NBC Universal       Opinion & Order                                expire within seven years, related to Open Internet principles;
Merger                      Adopted: January                               − Adherence to the Commission’s Open Internet principles
                            18, 2011                                          (including broadband Internet access through set top
(MB Docket No. 10-56)       Released: January                                 boxes), further agreeing that “in the event of any judicial
                            20, 2011                                          challenge affecting [the Open Internet Order], Comcast-
                                                                              NBCU’s voluntary commitments concerning adherence to
                                                                              those rules will be in effect” regardless.
                                                                           − Comcast has also agreed to refrain from offering
                                                                              specialized services that are “substantially or entirely

                                                                                                                                        80
          Issue                   Date               Links                                  Summary
                                                                     comprised of affiliated content,” and has agreed to
                                                                     continue to offer standalone broadband service to
                                                                     customers.
                                                                 − Comcast has also agreed to undertake substantial
                                                                     broadband adoption responsibilities, including to lay at
                                                                     least 15,000 miles of broadband network per year,
                                                                     reaching approximately 400,000 homes within three years,
                                                                     as well as offering low-income households high-speed
                                                                     internet for less than $9.95 per month and to offer
                                                                     “personal computers, netbooks, or other computer
                                                                     equipment at a purchase price below $150.”
                                                             −    Also of note is a promise from Comcast to maintain must-
                                                                 carry non-educational programming on its cable system in the
                                                                 event the respective non-educational broadcaster commits to
                                                                 relinquish some or all of its spectrum in future incentive
                                                                 auctions.
Net Neutrality,             FCC NPRM            FCC NPRM     −   Considers proposed rules amending and codifying the four
Open Internet UPDATED       Released: October                    principles set out in its Internet Policy Statement and adding
                            22, 2009                             two new principles mandating nondiscrimination and
(GN Docket No. 09-191, WC                                        transparency in network practices.
Docket No. 07-52)                                            −    All these rules would be subject to reasonable network
                                                                 management needs, as well as the needs of law enforcement,
                                                                 public safety, and homeland and national security.
                                                             −    The rules would apply to broadband Internet access provided
                                                                 over all platforms, including mobile wireless, fixed wireless,
                                                                 unlicensed, and satellite. At the same time, the Notice
                                                                 recognizes that non-wireline platforms involve significantly
                                                                 different technologies, market structures, patterns of consumer
                                                                 usage, and regulatory history.
                                                             −   The Notice also recognizes the existence of specialized
                                                                 managed services that might warrant exclusion (in full or in
                                                                 part) from these rules, though it also suggests wariness of any
                                                                 such exclusion.

                                                                                                                             81
Issue         Date               Links                                     Summary
                                               −   The Notice envisions enforcement of the broad proposed rules
                                                   on a case-by-case basis.

        TIA Comments      TIA COMMENTS         −   TIA’s comments provide an overview of the evolution of the
        Filed: Jan. 14,                            network, showing that an open and transparent Internet relies
        2010              SANDVINE CABLE           (and always has) extensively on intelligence throughout the
                          DECLARATION              network, not a mythic “dumb pipe.”
                                               −   The Internet Policy Statement has successfully enabled
                          ERICSSON 3GPP            broadband growth and should not be replaced with aggressive
                          QOS WHITE PAPER          and intrusive regulation.
                                               −   Any rules adopted must recognize the important distinctions
                          MANAGED                  among different broadband platforms, and the ways in which
                          SERVICES                 these distinctions affect network management requirements.
                          DECLARATION          −   The enforcement should be case-by-case and narrowly
                                                   tailored to cure the harm.
                          WIRELINE             −   In conjunction with the comments, TIA submitted three
                          DECLARATION              declarations and a white paper which discuss the various
                                                   broadband platforms, their architectures, network
                          WIRELESS                 management and QoS causes and solutions.
                          SERVICES
                          DECLARATION          −   FCC extended the reply comment deadline from March 5,
                                                   2010 to April 26, 2010.


                                               −   TIA’s reply comments state that the Commission should
        TIA Reply         TIA Reply Comments
                                                   ensure that network operators retain sufficient latitude to
        Comments Filed:
                                                   innovate and develop new technologies to manage the
        April 26, 2010
                                                   network in a manner that best responds to the ever-changing
                                                   traffic patterns of today’s broadband usage.
                                               −   An unmanaged Internet does not guarantee a neutral network,
                                                   and the “neutrality” that some commenters strive for is
                                                   possible only through management that broadband providers


                                                                                                              82
Issue         Date                 Links                                   Summary
                                                  and infrastructure manufacturers employ.
                                              −   To effectuate an “open Internet,” the Commission should
                                                  decline to replace the flexibility of the Policy Statement with
                                                  prophylactic rules. The proposed “nondiscrimination” rule, for
                                                  example, would throttle innovations essential to ensuring a
                                                  fair and equitable broadband experience.
                                              −   Should the Commission adopt rules beyond the four principles
                                                  included in the Policy Statement, enforcement must presume
                                                  reasonableness of the management techniques currently
                                                  employed as well as reasonable future approaches.

        FCC Public        FCC Public Notice   −    The Commission noted that two complex issues demand
        Notice Released:                           further inquiry:
        September 1, 2010                         − The relationship between open Internet protections and
        Published in                                   services that are provided over the same last-mile facilities
        Federal Register:                              as broadband Internet access service (commonly called
        September 10,                                  “managed” or “specialized” services).
        2010                                      − The application of open Internet rules to mobile wireless
                                                       Internet access services, which have unique characteristics
                                                       related to technology, associated application and device
                                                       markets, and consumer usage.
                                              −   Comments are due October 12, 2010, and reply comments are
                                                  due November 4.

                                              −   TIA generally supports the consensus views identified in the
        TIA Comments         TIA Comments         Public Notice. However, we believe that this consensus would
        Filed: October 12,
                                                  most appropriately and effectively be promoted through
        2010
                                                  amendment of the flexible Internet Policy Statement, rather
                                                  than through the adoption of prescriptive rules.
                                              −   A non-discrimination mandate would dramatically undermine
                                                  investment, innovation, and consumer demand. If the
                                                  Commission nevertheless opts to impose such a mandate, it
                                                  must at least limit its scope to prohibit only anticompetitive

                                                                                                                 83
Issue         Date              Links                                      Summary
                                                  discrimination.
                                              −   TIA also urges the Commission to recognize and protect the
                                                  consumer benefits associated with the proliferation of
                                                  specialized services. The heavy-handed requirements
                                                  contemplated by the Public Notice – which include affirmative
                                                  limits on the scope of permissible specialized offerings and
                                                  mandates regarding the ways in which ISPs offer Internet
                                                  access – would stifle innovation and deprive consumers of the
                                                  services they demand.
                                              −   The Commission must approach the regulation of wireless
                                                  broadband services mindful of the wireless platform’s unique
                                                  features. TIA has long argued for technology-neutral policies
                                                  that do not adversely impact or benefit one particular platform.

                                              −   The FCC adopted a R&O that established the following open
        FCC Report &     FCC Report & Order       internet rules:
        Order Adopted:                            − Different Treatment of Wireline (fixed) and Wireless
        December 21,                                  (mobile):
        2010                                          − Wireline broadband providers must adhere to the
        Released:                                          FCC’s past blocking/connectivity rules with an added
        December 23,                                       non-discrimination provision preventing an ISP from
        2010                                               “unreasonably” discriminating against competitors’
                                                           traffic.
                                                      − Wireless must adhere to the same blocking/
                                                           connectivity rules, however, with no non-
                                                           discrimination requirement, but competitors’ apps may
                                                           not be blocked.
                                                      − Both platforms must adhere to transparency rules that
                                                           require public disclosure of accurate information
                                                           regarding the network management practices,
                                                           performance, and commercial terms of its broadband
                                                           Internet access services sufficient for consumers to
                                                           make informed choices regarding use of such services

                                                                                                               84
Issue   Date   Links                            Summary
                               and for content, application, service, and device
                               providers to develop, market, and maintain Internet
                               offerings.
                           − Providers shall not unreasonably discriminate in
                               transmitting lawful network traffic over a consumer’s
                               broadband Internet access service.
                           − Reasonable network management is permitted and
                               shall not constitute unreasonable discrimination.
                           − Violations will be reviewed on a case-by-case basis.
                       −   Paid Prioritization of Content:
                           − The Order allows providers to charge content
                               providers for prioritization of the content to
                               subscribers, although it was noted that this will most
                               likely be “unreasonable” in the majority of cases.
                       −   Usage-Based Fees:
                           − The Order allows providers to charge consumers
                               incremental fees based on how much the subscriber
                               uses the Internet.
                       −   Specialized Services:
                           − The specialized services market will be monitored for
                               anti-competitive conduct, but the Order only applies to
                               the “best efforts” (or public) Internet.
                       −   General Enforcement Mechanism:
                           − Complaints can be initiated in three ways: (1)
                               consumers may submit informal complaints with no
                               filing fee through fcc.gov; (2) any party may file a
                               formal complaint with the Commission, or (3) the
                               Commission may initiate an investigation.
                       −   Authority:
                           − The Commission noted that Section 706 of the
                               Communications Act grants the Commission the
                               authority and discretion to determine the best


                                                                                   85
Issue         Date                  Links                                   Summary
                                                           regulatory or deregulatory approach to facilitating
                                                           broadband access. In addition, the Commission
                                                           believes it already has the authority to promote
                                                           competition for traditional voice services, safeguard
                                                           interconnection between phone and VoIP users,
                                                           oversee broadcasting, advance video competition, and
                                                           condition the use of spectrum.
                                                    −   Advisory Committee:
                                                        − The Order creates an Open Internet Advisory
                                                           Committee that holds public meetings and is
                                                           comprised of consumer advocates; Internet
                                                           engineering experts; content, application, and service
                                                           providers; network equipment and end-user device
                                                           manufacturers and suppliers; investors, broadband
                                                           service providers; and others. The Committee will
                                                           track developments regarding freedom and openness
                                                           of the Internet.
                                                    −   Review:
                                                        − The Commission will review the rules in the Order no
                                                           later than 2 years from the effective date.
                                                    −   Sunset Provision:
                                                        − The Order does not expire at a future pre-determined
                                                           date.

                                                −    Verizon’s Notice of Appeal (NOA) calls for the court to
        Verizon Notice of   Verizon Notice of        vacate, enjoin, and set aside the Order, asserting that it:
        Appeal Filed:       Appeal
                                                    − (1) is in excess of the Commission’s statutory authority;
        January 21, 2010
                                                    − (2) is arbitrary, capricious, and an abuse of discretion
                                                        within the meaning of the Administrative Procedure Act;
                                                    − (3) is contrary to constitutional right; and
                                                    − (4) is otherwise contrary to law. (Notices of appeal merely
                                                        lay out the bases for appeal, and are not fully briefed


                                                                                                               86
Issue         Date                   Links                                        Summary
                                                             papers.

                                                      −   MetroPCS has challenged the FCC’s Open Internet order in
        MetroPCS Notice      MetroPCS Notice of           the D.C. Circuit Court of Appeals citing the same legal basis
        of Appeal Filed:     Appeal                       and arguments as Verizon in regards to why that court should
        January 28, 2011                                  hear the case.
                                                      −   Metro PCS appealed to the D.C. Circuit because Sec. 402(b)
                                                          gave that court exclusive jurisdiction over FCC decisions that
                                                          “modify” licenses, which the company said the agency had
                                                          purported to do as a basis for its authority to impose Open
                                                          Internet regulation on wireless mobile broadband providers.

                                                      −    The FCC filed motions to:
        FCC Motions          FCC Motion to                − (1) dismiss Verizon’s and MetroPCS’s notices of appeal of
        Filed: January 28,   Dismiss – Verizon               the Commission’s Open Internet Order and
        2011                                              − (2) defer action on Verizon’s motion seeking review by the
                             FCC Motion to                   panel that decided Comcast v. FCC. The MetroPCS
                             Dismiss and Defer               dismissal motion and the motion regarding assignment to
                             Filing of the Record –          the Comcast panel also asked the court to defer the time
                             MetroPCS                        for filing the record.
                             FCC Motion to Defer
                             Consideration of
                             Verizon’s Motion for a
                             Panel Assignment and
                             Defer Filing of the
                             Record

        Verizon Response     Verizon Response
        to FCC Motions                                −   Verizon again states that because the order cited Section 316
        Filed: January 31,                                among other bases for its authority to adopt rules, its licenses
        2011                                              were modified, and therefore the exclusive route to judicial
                                                          review is 47 U.S.C. § 402(b)(5).

                                                                                                                        87
Issue         Date                   Links                                      Summary
                                                    −    Verizon contends that the 1958 Functional Music v. FCC
                                                        case holds that when licenses are modified through
                                                        rulemaking the only way of obtaining review is through 47
                                                        U.S.C. § 402(b).
                                                    −   Verizon also states that because the Open Internet Order can
                                                        only be judicially reviewed through a Section 402(b) appeal,
                                                        the case can be heard only in the D.C. Circuit.
                                                    −   With respect to timeliness, Verizon claims that the
                                                        modification of licenses effectuated by the Order results in
                                                        the appeal window running from the release date, relying on a
                                                        note to 47 C.F.R. § 1.4(b)(1) that so holds with respect to
                                                        “[l]icensing and other adjudicatory decisions with respect to
                                                        specific parties that may be . . . contained in rulemaking
                                                        documents.”
                                                    −   Verizon’s response to the motion to suspend action on referral
                                                        to the Comcast panel is that there is no need for deferral
                                                        because (1) the FCC’s motion to dismiss lacks merit and (2)
                                                        mere conjecture about potential petitions for review in other
                                                        Circuits does not warrant delay
        D.C. Circuit Order   D.C. Circuit Order     −   Denied Verizon’s motion to assign its net neutrality appeal to
        Issued: February     Denying Verizon’s          the panel that decided the Comcast v. FCC case without
        2, 2011              Motion to Assign           explanation.
        Motions to           Coalition Motion to
        Intervene Filed:     Intervene – Verizon    −   Public Knowledge and a coalition comprised of Access
        February 23, 2011                               Humboldt, Free Press, Media Mobilizing Project, and
                             Coalition Motion to        Mountain Area Information Network filed to intervene.
                             Intervene - MetroPCS   −   The coalition's Motion indicates that each member of the
                                                        group plans to file a petition for review after the Order is
                                                        published in the Federal Register, but expects to support the
                                                        FCC with respect to Verizon's and MetroPCS's arguments.
        D.C. Circuit Order   D.C. Circuit Order

                                                                                                                    88
            Issue               Date                 Links                                           Summary
                         Issued: April 4,    Dismissing Verizon       −   The U.S. Court of Appeals for the D.C. Circuit has dismissed
                         2011                and MetroPCS’ suits          both lawsuits filed by Verizon and MetroPCS challenging the
                                             as Premature                 FCC’s Open Internet that the order cannot be challenged until
                                                                          it appears in the Federal Register.
                                                                      −   After the rules are published, it’s anticipated that various
                                                                          parties will file suits in different circuits. A lottery system
                                                                          will then determine where the case is heard. TIA will keep
                                                                          members posted on this issue.
                         FCC Paperwork       FCC PRA Submission:
                         Reduction Act       Information Collection   −   The FCC listed in the Federal Register two Paperwork
                         Submissions to      Obligations                  Reduction Act (PRA) submissions regarding the FCC’s Open
                         OMB: July 7,        FCC PRA Submission:          Internet Order that have been transmitted to Office of
                         2011                Complaint Procedures         Management and Budget (OMB) for approval.
                                                                      −   The first seeks comment on the information collection
                                                                          obligations associated with that Order’s transparency
                                                                          requirements; the second seeks comment on the formal
                                                                          complaint procedures.
                                                                      −   Comments on either submissions will be due (to OMB and
                                                                          the FCC) on Monday, August 8 (30 days).
Public Safety
Public Safety,           FCC NPRM            FCC NPRM                 −   TIA argues that there is not a near-term, implementable,
Wireless E911            Released: June 1,                                technically feasible solution to meet the current accuracy
                         2007                                             requirements at every PSAP.
(PS Docket No. 07-114)
                         TIA Comments      TIA Comment                −   TIA argues that the Commission should: (1) decline to
                         Submitted: August                                mandate a specific technology or technological standard; not
                         20, 2007                                         subject VoIP to the same location accuracy standards
                                                                          applicable to CMRS; and create a advisory working group
                                                                          representing all stakeholders to address this issue.

                         R&O Adopted:        FCC R&O                  −   The FCC requires wireless carriers to meet the Enhanced 911
                         November 20,                                     (E911), Phase II location accuracy requirements at the Public


                                                                                                                                       89
           Issue                   Date              Links                             Summary
                            2007                                 Safety Answering Point (PSAP) service-area level.


                                                             −   Establishes a series of interim requirements to ensure progress
                            Order Adopted:     FCC ORDER         toward carrier compliance with the location accuracy
                            March 12, 2008                       requirements at the PSAP level, in which wireless carriers
                                                                 must account for only those PSAPs in their service areas that
                                                                 are capable of receiving E911, Phase II location data.
                                                             −   The compliance date for the above Phase II requirements was
                                                                 stayed from September 11, 2008 to March 11, 2009.

                            Notice Released:   NOTICE        −   As a U.S. Circuit Court vacated the FCC’s E911 accuracy
                            September 22,                        rules, on September 22, 2008, the FCC released a notice
                            2008                                 inviting comment on proposed new wireless E911 rules. The
                                                                 FCC seeks comment on proposed new E911 rules embodied
                                                                 in recently-filed ex partes by NENA, APCO, Verizon
                                                                 Wireless, Spring Nextel, and AT&T. Comments are due
                                                                 October 6, 2008 by 12 p.m.; and Reply Comments are due
                                                                 October 14, 2008 by 12 p.m.
Public Safety,              FCC Second         FCC 2nd R&O   −   Establishes more stringent timelines for increased accuracy by
E911 Requirements for IP-   Report & Order                       providers.
Enabled Providers           Adopted and                      −   Location-based and handset-based data will be combined for
UPDATED                     Released:                            reports to PSAPs.
                            September 23,                    −   Areas where wireless triangulation is not feasible for technical
(PS Docket No. 07-114, WC   2010                                 reasons will no longer be required to be reported on.
Docket No. 05-196)                                           −   Wireless providers will have to report the areas that fall into
                                                                 this category on a per-call basis to PSAPs.
                                                             −   Provides new indoor testing requirements.
                                                             −   These rules become effective January 18, 2011, with the
                                                                 exception of §§ 20.18(h)(1)(vi), 20.18(h)(2)(iii), and
                                                                 20.18(h)(3), which are subject to OMB approval (approved
                                                                 and deemed effective April 28, 2011).


                                                                                                                              90
Issue          Date               Links                                  Summary
        Further Notice of   FCC FNPRM and
        Inquiry and         NOI              −  Seeks to develop innovative rules for E911 location accuracy
        Notice of Inquiry                       that reflect technological developments.
        Adopted and                          − Subjects on which new rules are proposed in the FNPRM
        Released:                               include:
        September 23,                          − Testing procedures for new areas (such as high-rise
        2010                                        buildings, urban canyons, and mountainous terrain)
                                               − Mandatory testing schedules for accuracy testing
                                               − Roaming issues
                                               − Adopting a technology-neutral location accuracy standard
                                             − Seeks input on:
                                               − How VoIP can offer expanded 911 and E911 services
                                               − Whether interconnected VoIP should locate their
                                                    customers whether the customer consents or not
                                               − Whether these rules should apply to non-interconnected
                                                    VoIP
                                               − How next generation E911 will be affected by issues in the
                                                    NOI
                                               − Whether 911 and E911 requirements should be extended
                                                    to new broadband-enabled voice communication services
                                             − Comments are due on January 3, 2011, and Reply Comments
                                               are due on January 31, 2011.
        Joint Petition of   Joint Petition
        APCO, NENA,                          −   Along with APCO, the National Association of State 911
        NASNA, CTIA                              Administrators, and CTIA, TIA filed a petition to extend the
        and TIA for                              comment due date of the E911 FNPRM/NOI to January 19,
        Comment Due                              2011 and the reply comment due date to February 18, 2011.
        Date Extension
        Filed: November                      −   The request emphasized that the extension will give CSRIC
        22, 2010                                 working groups time to develop and finalize recommendations
                                                 relating to E911 and next generation 911.
        FCC Order           FCC Order

                                                                                                                91
Issue         Date                 Links                                Summary
        Released:                           −   The FCC’s Public Safety and Homeland Security Bureau
        December 1, 2010                        granted the joint E911 FNPRM/NOI petition filed jointly by
                                                TIA, APCO, the National Association of State 911
                                                Administrators, NENA, and CTIA on November 22.
                                            −   The due date for comments is now January 19, 2011, and the
                                                due date for reply comments is February 18, 2011.
        TIA Comments         TIA Comments
        Filed: January 18,                  −   TIA urged the Commission to recognize that a flexible and
        2011                                    non-intrusive regulatory system in the development of and
                                                investment in innovative E911 technologies is essential.
                                            −   Adopting a single location accuracy standard for both network
                                                and device location technologies would disregard that
                                                increased technological diversity and choice, driven by market
                                                decisions, are the most effective means to spur further
                                                innovation.
                                            −   If the Commission nonetheless adopts further location
                                                accuracy rules, it should consider the unique challenges
                                                presented by the differing physical settings that networks serve
                                                in the US and ensure that any new rules include technology
                                                neutral and results-based principles.
                                            −   Due to the time and flexibility needed for the industry to
                                                develop new location accuracy methods for devices, services,
                                                and applications that do not have phone numbers or provide
                                                Accuracy Location Information (ALI) connectivity, such
                                                devices should not be burdened at this time with location
                                                accuracy requirements.
                                            −   Applying new location accuracy rules to nomadic
                                                interconnected or noninterconnected VoIP will hinder the
                                                effectiveness of industry-driven development of standards and
                                                best practices.
                                            −   TIA urges the Commission to form an advisory committee to
                                                comprehensively study the effect of the extension of 911 and
                                                E911 location accuracy rules.

                                                                                                             92
Issue         Date                 Links                                      Summary

        FCC NPRM, 3rd        FCC NPRM, 3rd R&O,   −   In the R&O:
        R&O, 2nd FNPRM       2nd FNPRM                − The Commission sought to strengthen the regime for
        Adopted and                                        enhanced 911 (e911) for commercial mobile radio service
        Released: July 13,                                 (CMRS) providers.
        2011                                          − The separate network- and handset-based standards for
                                                           location accuracy are retained for the eight year period
                                                           adopted under the FCC’s 2010 location accuracy order.
                                                      − After the eight-year period expires, the network-based
                                                           standard will sunset, and all CMRS providers must by that
                                                           time comply with the handset-based standard. During this
                                                           period, new networks (as opposed to existing networks
                                                           being expanded upon) will be required to fully comply
                                                           with the handset-based standard.
                                                      − Wireless carriers will be required to periodically test for
                                                           location accuracy, and will have to share this information
                                                           with relevant authorities and PSAPs; the testing
                                                           requirements will be based on recommendations from the
                                                           Communications Security, Reliability, Interoperability
                                                           Council (CSRIC) that are due to the Commission within 6
                                                           months. After these recommendations are transmitted, the
                                                           Commission will again act to finalize the testing and
                                                           milestone requirements related to these recommendations
                                                  −   In the 2nd FNPRM:
                                                      − The FCC proposes extending the existing locations
                                                           accuracy rules for interconnected VoIP to “outbound-only”
                                                           VoIP services, due to the increase in popularity of these
                                                           services.
                                                      − Also proposed is a framework for all covered VoIP
                                                           providers to provide accurate location information in
                                                           emergency communications, aiming to improve on the
                                                           existing situation where VoIP subscribers must manually
                                                           input their location information. The FCC does not

                                                                                                                  93
            Issue                     Date              Links                                  Summary
                                                                          propose specific location accuracy standards, but seeks
                                                                          comment on general principles.
                                                                     − Comment is sought on technical improvements that can be
                                                                          made in indoor location accuracy.
                                                                 −   The NPRM seeks comment on whether the definition of
                                                                     “interconnection” in this matter will have any impact on the
                                                                     FCC’s definition of interconnected VoIP as referenced in other
                                                                     FCC items
                                                                 −   Comment is due on this item 60 days after publication in the
                                                                     Federal Register, and reply comments are due after 90 days.
Public Safety,                  PN Released:      FCC PN         −   The PSHSB released a Public Notice (PN) to identify “all
Increased Interoperability of   August 19, 2010                      potential barriers to achieving nationwide interoperability for
Public Safety Technologies                                           both broadband and narrowband communications, and
                                                                     determine what, if any, actions the Commission should take in
(PS Docket No. 10-168)                                               this area.” The PN asks the following:
                                                                     − What are the factors that affect the current state of
                                                                          competition in the provision of public safety
                                                                          communications equipment?
                                                                     − How would additional competition in the provision of
                                                                          public safety communications equipment improve
                                                                          narrowband or broadband interoperability?
                                                                     − What are the limitations of Project 25 in promoting
                                                                          narrowband public safety communications
                                                                          interoperability?
                                                                     − Could open standards for public safety equipment increase
                                                                          competition?
                                                                     − As the Commission considers requirements for the 700
                                                                          MHz broadband public safety network, are there any
                                                                          requirements on public safety equipment or network
                                                                          operators that would increase competition in the provision
                                                                          of public safety equipment?
                                TIA Comments      TIA Comments

                                                                                                                                 94
           Issue                      Date                Links                                      Summary
                               Filed: September                         −   Interoperability of Land Mobile Radio Systems (LMRS)
                               20, 2010                                     depends on standard setting through Project 25, network
                                                                            management that selects common Project 25 functionalities
                                                                            among public safety users, and effective regulation.
                                                                        −   In considering how the thirty vendors listed by Project 25
                                                                            affect pricing of LMRS devices, special technical and form
                                                                            factor needs of public safety are the principle drivers of
                                                                            narrowband device cost.
                                                                        −   While the current state of narrowband interoperability is not
                                                                            related to how broadband interoperability is achieved, it is
                                                                            possible from a technical perspective for narrowband and
                                                                            broadband public safety devices to interoperate.

                               TIA Reply           TIA Reply Comments
                               Comments Filed:                          − TIA requested that the Commission recognize Commenters’
                               October 18, 2010                           assertions that a very significant factor contributing to
                                                                          interoperability concerns is a difficulty for public safety
                                                                          entities to coordinate across regions and agencies.
                                                                        − The Commission should be wary of disrupting Project 25’s
                                                                          effect on the market, which is markedly evidenced by
                                                                          significant decreases in equipment prices over the last decade.
                                                                        − The Commission should recognize that factors including a
                                                                          small customer pool, spectrum saturation, and the varied and
                                                                          specialized requirements of public safety entities are limiting
                                                                          factors to competition in the public safety interoperable
                                                                          narrowband product space.
Public Safety,                 PN Released: July   FCC PN               − PN proposes extending the Part 4 outage reporting rules to
Applying Disruption (Part 4)   2, 2010                                     broadband ISP’s and interconnected VoIP service providers.
Rules to Broadband and VoIP                                             − These service providers would now be required to state the
Providers                                                                  name of the equipment that failed causing the outage.

(ET Docket No. 04-35           TIA Ex Parte        TIA Ex Parte         −   TIA shares the FCC goal of ensuring reliability and security of
WC Docket No. 05-271           Submitted:

                                                                                                                                            95
            Issue                    Date               Links                               Summary
GN Docket Nos. 09-47, 09-      September 16,                        these services, and TIA commends the Commission for
51, 09-137, PS Docket 11-82)   2010                                 gathering information before initiating a rulemaking
                                                                    procedure.
                                                                −   If Adopted, any network outage reporting requirements for
                                                                    broadband ISPs and interconnected VoIP operators should
                                                                    apply only to service providers
                                                                −   If new network reporting requirements are adopted, reporting
                                                                    templates should not include a field for listing failed
                                                                    equipment

                               NPRM Adopted:       FCC NPRM     −   The NPRM proposes to extend communications outage
                               May 12, 2011                         reporting requirements to interconnected VOIP providers and
                               Released: May 13,                    broadband ISPs. During the presentation, it seemed that the
                               2011                                 term “ISP” was being used to mean not only last-mile ISPs
                                                                    but also middle-mile and backbone providers. It is unclear
                                                                    whether this was intentional.
                                                                −   Section 615a-1 of the Communications Act and the
                                                                    President’s directives and executive orders make clear that the
                                                                    FCC has an obligation to ensure the resiliency and reliability
                                                                    of our Nation’s infrastructure.
                                                                −   Obtaining and analyzing this additional outage reporting data
                                                                    is critical to the FCC meeting its responsibilities. Data
                                                                    regularly leads to network improvements and similar gains
                                                                    should be expected with regard to the reliability of 911 calls
                                                                    that rely on interconnected VOIP and related broadband
                                                                    facilities if the outage requirements are extended.
                                                                −   Under the proposal, both facilities-based and non-facilities-
                                                                    based interconnected VOIP providers and broadband ISPs
                                                                    would be required to report significant outages.
                                                                −   Comment is sought on technical thresholds that would trigger
                                                                    outage reporting.
                                                                     - To ensure that the rules treat different types of providers
                                                                         appropriately, the NPRM seeks comment on thresholds

                                                                                                                                96
           Issue                 Date                Links                                 Summary
                                                                        for interconnected VOIP, broadband Internet access
                                                                        service providers and broadband backbone ISPs.
                                                                   - Comment also is sought on the cost and burden on
                                                                        extending outage reporting requirements, including what
                                                                        types of information are already being collected and
                                                                        whether there are ways to tailor rules more narrowly or
                                                                        ways to obtain information without having mandatory
                                                                        reporting requirements
                                                               −   Comments on this item are due August 8, 2011. Reply
                                                                   Comments are due October 7, 2011.
Public Safety,             TIA Comments        TIA Comments    −   TIA urges the FCC to refrain from permitting secondary
700 MHz Band UPDATED       Submitted:                              broadband use in the narrowband as proposed in the NPRM to
                           February 26, 2007                       minimize interference.
PS Docket No. 06-229, CC                                       −   TIA suggests that the FCC reconfigure the band plan to create
Docket No. 94-102, etc.                                            a contiguous narrowband block for more efficient spectrum
                                                                   use.


                           R&O Adopted:        FCC 2ND R&O     −   The FCC’s Order eliminated two guard bands, creating
                           July 31, 2007                           another 2 MHz of spectrum, and relocated the A Block Guard
                           Released: August                        Band.
                           10, 2007                            −   Established performance requirements for commercial service
                                                                   providers.
                                                               −   Adopts a public-private partnership in the D Block to be used
                                                                   for a nationwide, interoperable public safety broadband
                                                                   network.
                           2nd FNPRM           FCC 2ND FNPRM   −    The 2nd FNPRM suggests possible revisions relating to the
                           Adopted: May 14,                         700 MHz public-private partnership or a possible commercial-
                           2008 Released:                           only D Block auction. Main areas of inquiry:
                           May 14, 2008                            − Is a public–private public safety partnership in the D Block
                                                                       technically and commercially possible?


                                                                                                                              97
Issue          Date                  Links                                     Summary
                                                      −   What should the construction requirements be for the D
                                                          Block auction winner in a public–private public safety
                                                          partnership scenario?
                                                      −   Should a public–private public safety partnership be
                                                          established on a nationwide basis or on a Regional
                                                          Economic Area basis?
                                                      −   What Commission rules should be established for both the
                                                          commercial D Block winner and public safety entities in
                                                          order to make a public–private public safety partnership
                                                          possible?
                                                      −   What transparency issues should the FCC address?
                                                      −   In the event a public–private public safety partnership in
                                                          the D Block is not deemed viable, what are alternative uses
                                                          for the D Block?
                                                      −   What input can engineers offer in the evaluation of a D
                                                          Block public–private public safety partnership and other
                                                          possible options?
                             NPSTC Petition for   −    The FCC now seeks comment on the petition filed by the
                             Rulemaking                NPSTC, which proposed four amendments:
                                                      − Allowing tactical voice communication on a secondary
                                                          basis on the 921/1881 and 922/1882 channels.
                                                      − Re-designate the 681/1641 and 682/1642 channels for use
                                                          as “Nationwide Interoperability Travel Channels”
                                                      − Designate twenty-four of the 700 MHz narrowband
                                                          reserve channels as Interoperability Channels for use in
                                                          deployable infrastructure.
                                                      − Permit analog operations at power levels of 20 watts ERP
                                                          on channels 1-8/961-968. and 9-12/969-972 for on-scene
                                                          incident response purposes using mobiles and portables
                                                          only.
        Letter Filed: June   TIA Letter

                                                                                                                  98
Issue          Date              Links                                    Summary
        17, 2008                              −   TIA filed a letter supporting the FCC’s intent to reacution the
                                                  D Block.
                                              −   Particularly, TIA noted the enablement of new interoperable
                                                  public safety networks featuring broadband technologies and
                                                  Land Mobile Radio Systems (LMRS) as a major benefit of the
                                                  DTV Transition.
        Public Notice:    FCC Public Notice
        Released August                       −  The Public Safety and Homeland Security Bureau seeks
        14, 2009.                                comment on 13 request for waiver by various entities to
                                                 seeking authority to deploy public safety broadband systems
                                                 on a local or regional basis in the 10 megahertz of 700 MHz
                                                 public safety broadband spectrum currently licensed to the
                                                 Public Safety Spectrum Trust (PSST) (763-768/793-798
                                                 MHz), filed by 12 state and local jurisdiction petitions and one
                                                 commercial entity.
                                              − The FCC seeks comments generally on the petitions. The
                                                 commission seeks to develop a record that will enable the
                                                 commission to explore a full range of alternatives for
                                                 considering the waiver requests, while also avoiding
                                                 prejudgment of pending issues in the commission’s
                                                 rulemaking proceedings in the commission’s rulemaking
                                                 proceeding addressing the 700 MHz D Block and public
                                                 safety allocations.
                                              − Appendix A sets forth specific questions the commission
                                                 wishes commenters would address in order to assist the
                                                 Commission in resolving the petitions including:
                                                − 1) whether to act on the petitions before or after action in
                                                     the larger 700 MHz docket;
                                                − 2) what mechanisms are available to the commission to
                                                     authorize or license individual metropolitan regional or
                                                     statewide operations on the 700 MHz band, would a
                                                     leasing or sublicensing mechanism be permissible under
                                                     the relevant statute and commission rules and if these are

                                                                                                              99
Issue   Date   Links                             Summary
                           viable arrangements, then how would such arrangements
                           function and are there specific conditions or safeguards
                           that would need to be imposed;
                       −   3) whether early buildout rules apply to the petitions and
                           what rules need to be waived,;
                       −   4) if the commission were to grant the petition, how should
                           it address any existing narrowband operations that have yet
                           to be relocated in the areas where the Petitioners propose
                           to deploy their networks;
                       −   5) Do the petitions contain sufficient detail for the
                           Commission to act or is more information needed from
                           petitioners;
                       −   6) Should the Commission adopt conditions relating to
                           inoperability as an element of any relief granted to
                           petitioners and what elements should it consider including
                           in these conditions;
                       −   7) How should the commission consider multiple requests
                           from jurisdictions in the same geographical area and
                           should it require coordination with adjacent
                           regions/jurisdictions or limit waivers to larger geographic
                           areas such as states to limit multiple waivers;
                       −   8) How should the commission monitor or enforce
                           conditions, should the conditions be identical and should
                           continuing validity of relief be contingent on compliance
                           by all of those receiving relief;
                       −   9)Are the petitioner’s proposed users of the networks
                           appropriate or permissible under Section 337; and
                       −   10) questions relating specifically to Flow Mobile and the
                           North Dakota requests including whether Flow Mobile is
                           eligible to request a waiver under 337 and if North Dakota
                           can request on their behalf, whether the commercial and
                           residential uses Flow Mobile seeks to provide permitted on
                           the public safety spectrum under Section 337, what are the

                                                                                 100
Issue         Date                 Links                                Summary
                                                   implications of their proposal to provide broadband on a
                                                   designated narrowband spectrum and is the North
                                                   Dakota/Flow Mobile proposal to deploy a 4G-like network
                                                   consistent with the Commission’s interoperability and
                                                   integration goals.
        TIA Comments         TIA Comments
        Submitted:                          −   Public Safety waivers should be granted only upon conditions
        October 15, 2009                        that ensure compatibility with a nationwide network.
                                            −   The overarching goal of ensuring swift build-out of a
                                                nationwide public safety network must take into consideration
                                                both technical and financial requirements.
                                            −   The Public Safety broadband licensee should have a choice of
                                                network technologies and user access.
                                            −   An interoperable public safety network is an essential element
                                                to our nation’s safety, and the Commission should take
                                                immediate steps to deploy a carefully-crafted network that is
                                                economically and technically viable.
        TIA Comments         TIA Comments
        Submitted April 6,                  −   With respect to the Public Safety Spectrum Trust’s (PSST)
        2009                                    and National Public Safety Telecommunications Council
                                                (NPSTC) Broadband Task Force’s (BBTF) recommendations
                                                on requirements for any local entity seeking to build out an
                                                interoperable broadband public safety network, TIA urges the
                                                Commission to endorse technology-neutral interoperability
                                                requirements, for example based on the BBTF Report, as a set
                                                of voluntary best practices to guide early adopters’
                                                deployment of 700 MHz public safety broadband networks.
                                            −   However, these interoperability requirements must be
                                                augmented or altered by any waiver grantee to comply with
                                                the technology-neutral interoperability requirements the
                                                Emergency Response Interoperability Center (ERIC)
                                                determines necessary for the deployment of a nationwide
                                                public safety broadband network.

                                                                                                          101
Issue         Date               Links                               Summary
                                         −   Additionally, as ERIC considers roaming requirements, TIA
                                             suggests that the BBTF Report’s multiple roaming definitions
                                             be evaluated in the context of technical feasibility.
                                         −   TIA urges the Commission to ensure that both the public
                                             safety community and industry have a major voice in the
                                             determinations ERIC makes.
        Order Released   Order
        May 12, 2010                     −   The FCC granted conditional approval of 21 petitions to build
                                             regional interoperable wireless public safety broadband
                                             networks in the 700 MHz public safety broadband
                                             spectrum. The waivers are conditioned upon implementation
                                             of 3GPP Release 8 as the minimum LTE standard. However,
                                             use of an earlier 3GPP release may be allowed by ERIC on a
                                             case-by-case basis; there must be a showing that: 1) such use
                                             is on an interim basis only, 2) there is a clear and firm
                                             commitment and path towards upgrade to a later release
                                             within a reasonable time frame, and 3) the proponents fully
                                             assume all financial risk in upgrading to a later release. The
                                             grantees’ networks must support: 1) home-routed traffic, such
                                             that a “visiting” user’s traffic is routed back to the home
                                             network to enable the use of home resources, and 2) local
                                             breakout traffic, such that a visiting user can utilize the
                                             resources of the host network. Grantees’ networks must
                                             support access to the Internet, to an incident command system,
                                             and to field-based server applications. Grantees must submit
                                             technical deployment and conformance testing plans to ERIC,
                                             including plans for achieving and maintaining interoperability
                                             with all public safety broadband network deployments in the
                                             700 MHz band. Petitioners must also implement all phases of
                                             technical requirements adopted by the Commission. Eligible
                                             users include federal users and entities whose “sole or
                                             principal purpose” is “to protect the safety of life, health, or
                                             property.” Grantees must offer service and/or access to all

                                                                                                        102
Issue         Date                  Links                                  Summary
                                                   designated public safety agencies within the network coverage
                                                   area.
                                               −   The FCC issued further guidance in establishing an
                                                   Interoperability Showing conditional for granting waivers for
                                                   early deployment of public safety broadband networks in the
                                                   700 MHz public safety broadband spectrum Block. The
                                                   Public Notice provides further guidance to the Waiver
                                                   Recipients on the required contents of the Interoperability
                                                   Showing. After receiving approval from the Office of
                                                   Management and Budget to perform the information
                                                   collections contemplated in the Waiver Order, the Bureau will
                                                   release a Public Notice announcing the opening of a thirty-day
                                                   window during which a Waiver Recipient must submit its
                                                   Interoperability Showing to the Emergency Response
        Public Notice       Public Notice          Interoperability Center (ERIC)
        Released May 21,
        2010.                                  −   The FCC seeks input on interoperability, out-of-band
        Public Notice       Public Notice          emissions, and equipment certification surrounding public
        Released May 18,    Extension Notice       safety broadband network interoperability which will serve
        2010                                       the basis for final rules for the public safety broadband
                                                   network


        TIA Letter          TIA Letter to      −   TIA’s letter stated that interoperability requirements applied
        Submitted July 7,   Chairman               to the wireless public safety broadband network can be
        2010                Genachowski            utilized to promote interoperability between the narrowband
                                                   and broadband networks if addressed at the network level.
                                               −   The lack of network interoperability in the narrowband space
                                                   has been caused by factors largely other than the number of
                                                   narrowband public safety device manufacturers.
                                               −   Project 25 was simply to develop
                                               −    voluntary, consensus based, public safety digital land mobile
                                                   radio standards that could be used by manufacturers as such

                                                                                                              103
Issue         Date               Links                                 Summary
                                              manufacturers see fit.

        TIA Comments       TIA Comments   −   The public safety broadband network must have vital
        Submitted July 19,                    attributes to provide seamless, interoperable broadband
        2010                                  communications.
                                          −   Priority access must include priority capacity based upon
                                              application and user needs and establish bandwidth and
                                              queuing requirements that can ensure effective
                                              communications.
                                          −   Additional 700 MHz public safety broadband roaming
                                              requirements beyond those of the Waiver Order must be
                                              further evaluated before mandated.
                                          −   Additionally, tighter out of band emission (OOBE)
                                              requirements than those in the Waiver Order should not be
                                              imposed. Moreover, the Commission should maintain waiver
                                              of equipment certification requirements, provided that the
                                              waiver grantees and manufacturers adhere to the technical
                                              requirements of the network specifications.
                                          −   TIA urges the Commission to monitor application selections
                                              and governance approaches and allow users themselves to
                                              drive the standards in these areas.

                                          −   The PSHSB tolled the 60-day deadline for the PSHSB to act
        Order Adopted     FCC Order           on interoperability showings submitted by waiver recipients
        and Released:                         seeking early deployment of statewide or local public safety
        August 17, 2010                       broadband networks in the 700 MHz public safety broadband
                                              spectrum.
                                          −   The PSHSB has done so to allow the waiver recipients to
                                              more fully develop and finalize their interoperability plans and
                                              progress with the procurement process.
                                          −   While 15 waiver recipients have submitted “interoperability
                                              showings” to the PSHSB in order to proceed with network
                                              deployment before the FCC adopted its final technical rules,

                                                                                                         104
Issue         Date             Links                                 Summary
                                           the PSHSB has found that, with the exception of the Bay
                                           Area, none of the waiver recipients sufficiently progressed in
                                           its planning process to provide the needed level of certainty.
                                       −   Thus, it was determined that ERIC and the PSHSB do not yet
                                           have a basis for evaluating the viability and concreteness of
                                           each waiver recipient’s interoperability showing.
                                       −   The PSHSB found that, in order to allow the waiver recipients
                                           to continue their planning and procurement process, and to
                                           enable their continuing collaboration with ERIC and the
                                           PSHSB, it will toll the 60-day deadline for PSHSB action
                                           until the interoperability showings have been sufficiently
                                           supplemented.

                                       −   PSHSB approved twenty (20) waiver recipients’ spectrum
        Public Notice     FCC PN           lease agreements, and suspended the State of Alabama’s
        Released:                          authority to proceed under their waiver for failure to meet
        September 2, 2010                  deadlines.
                                       −   PSHSB noted that because the approved lease agreements
                                           were similar enough to the Standard Lease the Commission
                                           has approved, their examinations were expedited.


        Public Notice    FCC PN        −  PSHSB sought public comment on twenty-three petitions for
        Released:                         waiver on either a local or regional basis in the Public Safety
        September 15,                     Spectrum Trust’s (PSST) 10 megahertz (763-768/793-798
        2010                              MHz) of the 700 MHz public safety broadband spectrum.
                                       − Specifically, the PSHSB sought comment on the following:
                                         − The applicant’s eligibility under Section 337 of the
                                             Communications Act (limits eligibility to entities whose
                                             “sole or principal purpose” is “to protect the safety of life,
                                             health, or property”).
                                         − Overlapping requests between jurisdictions (ex: New York
                                             State and the City of New York), which the Commission

                                                                                                       105
Issue         Date                 Links                                 Summary
                                                   prefers to be handled via waiver requests at the state level.
                                              − Issues related to the timing and the number of waivers
                                                   received in relation to Commission interoperability goals,
                                                   considering such factors as:
                                              − The volume of additional waiver requests submitted;
                                              − The ongoing nature of Long Term Evolution standards and
                                                   equipment development;
                                              − The ongoing work of the Emergency Response
                                                   Interoperability Center (ERIC);
                                              − Related demonstration network efforts sponsored by the
                                                   Public Safety Communications Research (PSCR) program;
                                                   and
                                              − The recent submission of comments to the Bureau’s Public
                                                   Notice on technical standards public safety broadband
                                                   deployments.
                                            − Any impact such additional waivers may have on the budget
                                               of the Public Safety Spectrum Trust (PSST).
                                            − Comments are due on October 18.

        Public Notice        FCC PN         −   Added an additional petition to the twenty-three PSHSB
        Released:                               sought comment on (State of Texas).
        September 17,                       −   Specifically asked that overlapping jurisdictions issue be
        2010                                    addressed by commenters.
                                            −   Comments are due on October 18.

        TIA Comments         TIA Comments   −   TIA supports rapid approval of all Waiver Petitions filed in
        Filed: October 18,                      this proceeding and urges the Commission to give public
        2010                                    safety the discretion to allow appropriate entities to operate in
                                                the 700 MHz public safety broadband network that will
                                                further the licensee’s mission, including critical infrastructure
                                                and emergency support.
                                            −   TIA also urges the Commission to apply the waiver


                                                                                                             106
Issue         Date           Links                                Summary
                                         requirements already adopted to future waiver applicants until
                                         final rules are adopted for the 700 MHz public safety network.
                                     −   TIA urges the Commission to develop a publicly-available
                                         timeline for its formation of interoperability rules and review
                                         of 700 MHz waiver petitions.

        Public Notice   FCC PN       − PSHSB sought comment on the feasibility of allowing for
        Released:                      flexible use of the 700 MHz public safety narrowband
        September 28,                  spectrum.
        2010                         − The PN notes that this “does not propose any change to the
                                       current rules governing the 700 MHz narrowband spectrum;
                                       its purpose is to gather information in order to develop a better
                                       understanding of options for future evolution of the 700 MHz
                                       narrowband spectrum that the Commission could make
                                       available for the public safety community.”
                                     − Key questions:
                                       − What is the current and anticipated use of 700 MHz
                                           narrowband networks?
                                       − How extensively are 700 MHz public safety narrowband
                                           channels—including channels licensed directly to states,
                                           channels licensed pursuant to approved RPC plans, and
                                           channels designated for nationwide interoperability—
                                           being utilized currently for public safety narrowband
                                           operations?
                                       − What plans exist for future deployments of 700 MHz
                                           narrowband systems, and has funding been committed for
                                           these systems? In what timeframe are such systems
                                           expected to be placed into operation, and how much
                                           channel capacity are they expected to use?
                                       − Are there public safety jurisdictions that are planning to
                                           deploy both 700 MHz broadband and narrowband systems
                                           in the same geographic area?


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Issue   Date   Links                            Summary
                       −   What information is available as to the costs of
                           constructing separate or combined broadband and
                           narrowband systems? Could flexibility benefit such
                           jurisdictions by allowing them to shift spectrum from
                           narrowband to broadband use over time?
                       −   Would the flexibility to offer broadband services in all or a
                           portion of the 700 MHz narrowband spectrum and/or the
                           guard band promote more efficient use of 700 MHz public
                           safety spectrum?
                       −   Could broadband spectrum help satisfy the needs for
                           narrowband capacity over time?
                       −   If the Commission were to allow flexible use of 700 MHz
                           narrowband spectrum and/or the guard band, would
                           broadband operations in this spectrum potentially interfere
                           with existing or future public safety narrowband
                           operations?
                       −   Would guard bands continue to be necessary to protect
                           adjacent channel narrowband operations, and how would
                           they be configured?
                       −   What impact would allowing flexible use of all or a
                           portion of narrowband spectrum have on the continued
                           ability to support nationwide narrowband interoperability?
                       −   How much, if any, of the narrowband allocation and guard
                           band should be made available for broadband operations?
                       −   What would be the appropriate jurisdictional level for
                           deciding whether to implement flexibility?
                       −   What would be the impact of allowing flexibility on the
                           development of broadband, narrowband, and dual-use
                           equipment in the 700 MHz public safety spectrum?
                       −   Would allowing flexible use prior to widespread
                           deployment in the public safety broadband allocation
                           create incentives for the development of broadband


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Issue         Date              Links                              Summary
                                              devices and equipment capable of operating in the
                                              narrowband spectrum as well? Are there other steps the
                                              Commission could take to promote the development of
                                              such equipment?
                                           − What is the potential for development of dual-use
                                              equipment that could support both narrowband and
                                              broadband use?
                                           − For broadband devices built to operate in the 700 MHz
                                              public safety broadband spectrum, will there be
                                              interoperability issues if these devices operate in regions
                                              that opt to deploy broadband in narrowband spectrum as
                                              well?
                                         − Comments were due December 3, 2010; reply comments due
                                           January 11, 2011.


        TIA Comments      TIA Comments   −   TIA strongly urges the Commission to recognize the
        Filed: December                      immediate and critical role that 700 MHz narrowband public
        3, 2010                              safety allocations play in mission-critical public safety
                                             interoperable communications.
                                         −   While TIA believes that use of narrowband public safety
                                             spectrum for broadband may be technically and economically
                                             feasible in approximately ten years, current broadband
                                             technology does not provide the capability necessary to meet
                                             public safety’s voice communications requirements.
                                         −   The Commission should also recognize the significant
                                             interference realities associated with broadband operations in
                                             the700 MHz public safety narrowband allocation.
                                         −   Allowance for broadband technology in the 700 MHz
                                             narrowband spectrum will also result in considerable financial
                                             harm to public safety stakeholders, who will have to take
                                             measures to mitigate interference.


                                                                                                       109
Issue         Date              Links                                  Summary
        FCC Order         FCC Order      -   PSHSB has established in an Order an initial set of technical
        Adopted and                          requirements for those public safety jurisdictions who filed
        Released:                            interoperability showings pursuant to the May 12, 2010 order.
        December 10,                     -   Petitioners that filed timely interoperability showings may
        2010                                 proceed with their buildout pursuant to the Waiver Order after
                                             submission to ERIC of a general certification that their
                                             deployments will satisfy each of the requirements in the
                                             Waiver Order. Petitioners must also certify their compliance
                                             with the specific requirements in the Order.
                                         -   Petitioners who have not yet submitted interoperability
                                             showings may do so consistent with the Waiver Order. Once
                                             PSHSB approves this showing, the petitioner must then show
                                             ERIC general compliance with the requirements of the
                                             Waiver Order and those below, and can then proceed with
                                             deployment.
                                         -   These rules became effective upon release (December 10,
                                             2010), and were published in the Federal Register on January
                                             14, 2011.

        TIA Comments      TIA Comments   −   TIA supports the Petitions for waiver proposed in the Dec. 1,
        Filed: December                      2010 700 MHz Waiver PN by Miami-Dade County, FL, the
        15, 2010                             City of Indianapolis and Marion County, IN, and the State of
                                             West Virginia.
                                         −   TIA urges that the Commission recognize the importance of
                                             ensuring coordination of multiple Petitions that would cover
                                             overlapping regions.
                                         −   TIA suggests that the Commission require coordination plans
                                             between overlapping jurisdictions and the relevant State and
                                             establish mechanisms within existing requirements to ensure
                                             such coordination.
                                         −   TIA reiterates its recommendation to give public safety the
                                             opportunity to establish sharing agreements with entities that
                                             will further public safety’s core mission to operate in the 700

                                                                                                         110
Issue         Date                 Links                                     Summary
                                                       MHz public safety broadband network.

        FCC Public          FCC PN                 −   The FCC released a Public Notice announcing the auction of
        Notice Released:                               16 licenses in the 698-806 MHz band, and sought comment on
        December 15,                                   proposed auction structure and procedures.
        2010                                       −   This auction, proposed to use the standard simultaneous
                                                       multiple-round format, will take place July 19, 2011.

        FCC Third Report    FCC Third R&O and      −  The Order and FNPRM:
        & Order and         Fourth NPRM               − Requires all 700 MHz public safety mobile broadband
        Fourth Notice of                                  networks to use a common air interface, specifically Long
        Proposed            FCC-Produced Video            Term Evolution (LTE).
        Rulemaking          Explaining the Third   − Seeks comment on:
        Adopted: January    R&O and Fourth           − The effectiveness of open standards
        25, 2011            NPRM                     − Interconnectivity between networks
        Released: January
                                                     − Network robustness and resiliency
        26, 2011
                                                     − Security and encryption
                                                     − Coverage and coverage reliability requirements
                                                     − Roaming and priority access between public safety
                                                         broadband networks
                                                     − Interference coordination and protection
                                                   − Comments are due Monday, April 11, and replies will be due
                                                      Tuesday, May 10.

        FCC Public          FCC PN                 −   PSHSB released a PN seeking comment on a petition for
        Notice Released:                               declaratory ruling from the City of Charlotte asking the FCC
        March 22, 2011      City of Charlotte          to resolve any ambiguity on permissible use of 700 MHz
                            Petition for               broadband spectrum by non-governmental entities by issuing
                            Declaratory Ruling         a declaratory ruling, based on “the Communications Act, the
                                                       legislative history accompanying Section 337, and the
                                                       Commission’s rules,” clarifying allowance of “shared use of
                                                       700 MHz broadband spectrum by governmental personnel


                                                                                                                111
Issue          Date              Links                                 Summary
                                              including, but not limited to, those engaged directly in police,
                                              fire and medical emergency activities.”
                                          −   In their petition the City of Charlotte stresses the “strong
                                              desire of many in the public safety community to include
                                              secondary users such as utilities, public works and others on
                                              their networks as a mechanism to coordinate common
                                              activities and respond jointly to emergencies, as well as a
                                              method to spread costs and capitalize on infrastructure
                                              sharing opportunities.”
                                          −   Comment is due April 11; reply comments are due April 21.

        TIA Comments       TIA Comments   −   TIA strongly urges the FCC to clarifying that any entity,
        Filed: April 11,                      governmental or non-governmental, which has a primary
        2011                                  purpose of the protection of life, health, or property be
                                              eligible for participation in the network at the discretion of the
                                              relevant local or state public safety licensee.
                                          −   TIA supports the City of Charlotte’s request for the
                                              Commission to clarify that network use is allowed by
                                              governmental personnel including, but not limited to, those
                                              engaged directly in police, fire and medical emergency
                                              activities.
                                          −   TIA believes that the examples and needs noted in the petition
                                              are several of many more experienced by public safety
                                              entities planning their 700 MHz broadband networks.
                                          −   As TIA has noted for the Commission in past related filings,
                                              there is a broad range of authority and precedent that supports
                                              the Commission determining that any entity that has a
                                              primary purpose of the protection of life, health, or property
                                              be eligible for network participation under Section 337.
        TIA Comments       TIA Comments
                                          −   TIA supports the Commission’s conclusion to initially
        Filed: April 11,
                                              mandate LTE for use in the public safety nationwide
        2011
                                              broadband network, based on the unique circumstances.

                                                                                                           112
Issue   Date   Links                                Summary
                       −   As LTE development occurs, LTE Releases 9 and 10 will
                           incorporate improved voice and data capabilities that will
                           improve public safety communications. However, TIA notes
                           that the public safety community must first assess their
                           specific needs, and ensure that capabilities adopted are
                           appropriate given spectrum, financial, and other resource
                           concerns.
                       −   TIA believes that the Commission’s concern regarding
                           compatibility between LTE releases is valid. However,
                           backward compatibility is built into every 3GPP release, and
                           has been addressed in these standards.
                       −   The Commission need not adopt technical requirements to
                           address this concern; however, to facilitate an efficient
                           transition, the Commission should encourage new networks to
                           utilize IPv6, while allowing IPv4 networks adequate time to
                           migrate their uses to IPv6.
                       −   TIA fully concurs with the Commission’s conclusion that
                           open standards will best support interoperability between
                           devices and providers.
                       −   TIA further agrees with the Commission that all network
                           occupants should be required to support home-routed roaming
                           baseline configuration.
                       −   TIA believes that LTE will provide the needed level of
                           prioritization and quality of service.
                       −   As the Commission considers adopting policies related to
                           handover issues, TIA urges for the Commission to maintain
                           as flexible a policy as possible.
                       −   While TIA supports the adoption of a requirement for support
                           of particular applications to facilitate roaming across
                           networks, the Commission is strongly encouraged to provide
                           adequate definitions for each before finalizing related rules.
                       −   TIA urges the Commission to utilize LTE’s Access Point


                                                                                    113
Issue         Date                 Links                                Summary
                                                Name technology. This technology is capable of
                                                incorporating legacy data networks, and thereby allows
                                                infrastructure and applications currently in use to be
                                                leveraged.

        FCC PN               FCC PN         −   The PSHSB seeks comment on the May 26, 2011 petition
        Released: June 15,                      from Harris Corporation requesting that the FCC “clarify that
        2011                                    it does not endorse any procurement model for building an
                                                interoperable public safety broadband network on a local,
                                                regional, state or nation-wide basis.”
                                            −   Harris requests that the Bureau “make clear that nothing in
                                                the Order shall be interpreted as a requirement or
                                                recommendation that Harris County’s public safety network
                                                sole sourcing practice serve as a model or requirement for any
                                                other public safety entity” and that the Bureau “does not
                                                endorse or require any procurement model in building an
                                                interoperable broadband public safety network.”
                                            −   Harris also requests that the Bureau “reiterate its commitment
                                                to speeding deployment of an interoperable public safety
                                                broadband network through competition and open standards.

        TIA Comments         TIA Comments   −   TIA shares Harris’s concern that the Commission’s language
        Filed: June 27,                         in the Texas Waiver Order dangerously approaches
        2011                                    “inadvertently implies a statewide mandate to build a network
                                                with the same vendor-specific technologies include in a local
                                                core network.”
                                            −   The Commission should take great care to ensure that it does
                                                not influence procurement practices, as even an implied
                                                endorsement could be misconstrued by various jurisdictions
                                                engaged in the public safety network buildout, affecting
                                                competition in the market; could lessen interoperability; and
                                                could increase buildout costs for jurisdictions.
                                            −   Pursuant to the Harris Petition, TIA supports PSHSB

                                                                                                          114
Issue         Date                 Links                                Summary
                                               clarifying that the language in the Texas Waiver Order shall
                                               not be construed to require public safety entities to any
                                               particular procurement model.

        FCC 4th R&O          FCC 4th R&O   −   The FCC has issued a Fourth Report & Order declining to
        Adopted and                            issue a declaratory ruling per the March 2011-filed petition
        Released: July 21,                     from the City of Charlotte, NC, arguing that state and local
        2011                                   governments have “presumptively as their sole or principal
                                               purpose the protection of safety of life, health, and property
                                               and are permitted to use the 700 MHz broadband spectrum for
                                               activities conducted by their personnel including, but not
                                               limited to, activities of police, fire, and medical emergency
                                               first responders.”
                                           −   It is clarified that a plain reading of the statute does not merit
                                               the blanket determination that any state or local governmental
                                               use has “presumptively as their sole or principal purpose the
                                               protection of safety of life, health, and property and are
                                               permitted to use the 700 MHz broadband spectrum for
                                               activities conducted by their personnel including, but not
                                               limited to, activities of police, fire, and medical emergency
                                               first responders.”
                                           −   The Commission notes that the function as well as the
                                               licensee’s identity must be considered when determining what
                                               is a public safety service, but the focus of the determination
                                               appears to favor use.
                                           −   The FCC passes on consideration of uses by non-
                                               governmental uses because “the record compiled on the issue
                                               of permissible nongovernmental use of the network requires
                                               more detailed analysis to fully consider the variety of legal
                                               theories and practical considerations at issue, including the
                                               factual basis for the assertion that such uses satisfy the statute,
                                               primary versus secondary access, how such access or
                                               authorization would be implemented, and the policy

                                                                                                             115
           Issue                 Date                  Links                                Summary
                                                                    considerations associated with any permitted access to the
                                                                    network.”
Public Safety,             TIA Comments        TIA Comments    −   TIA supports taking action to reduce the current incidents of
800 MHz Plans for Border   submitted: May 7,                       interference to public safety cellular type deployments.
Regions                    2002                                −   TIA believes that the FCC should incorporate the following
                                                                   principles:
WT Docket No. 02-55                                            −   In cases of spectrum realignment, co-primary licensees should
                                                                   not lose their co-primary status.
                                                               −   Non-interfering licensees should be provided sufficient
                                                                   funding for relocation and their rights should be protected.
                                                               −   Contiguous spectrum should afford greater flexibility to both
                                                                   public safety and Business/Industrial Land Transportation
                                                                   (B/ILT) licensees.
                                                               −   Cross-border coordination needs to be taken into account
                                                                   when the Commission considers any spectrum realignment.
                                                               −   Currently deployed commercial wireless networks may not
                                                                   meet requisite reliability needs of public safety or B/ILT
                                                                   internal systems.

                                                               −   The Order established a reconfigured 800 MHz band plan in
                           2ND Order           FCC 2ND Order
                                                                   the U.S.-Canada border regions.
                           Adopted and
                                                               −   FCC established a 30-month transition period for completion
                           Released: May 9,
                                                                   of rebanding in the U.S.-Canada border regions, which will
                           2008
                                                                   commence 60 days after the effective date of the 2nd Order.

                           Order Adopted       Order           −   Order (1) postpones the 800 MHz rebanding financial
                           and Released:                           reconciliation “true-up” date from July 1, 2009, to December
                           June 24, 2009                           31, 2009, and (2) requires the 800 MHz Transition
                                                                   Administrator, LLC (TA) to file a report by November 2,
                                                                   2009, with its recommendation on whether the true-up date
                                                                   should occur on December 31, 2009, or be further postponed.



                                                                                                                            116
Issue         Date              Links                                 Summary
        PN Released:      FCC PN        −   The FCC’s Public Safety and Homeland Security Bureau
        August 20, 2010                     (PSHSB) reinstated a freeze on the filing of new non-
                                            rebanding 800 MHz National Public Safety Planning Advisory
                                            Committee (NPSPAC) and non-NPSPAC applications along
                                            the U.S.-Canada border until the earlier of:
                                            − April 14, 2011, or
                                            − The date on which the PSHSB determines that accepting
                                                 nonrebanding applications in a specific NPSPAC region
                                                 will have no negative impact on rebanding.
                                        −   This freeze applies to stations located within seventy miles of
                                            the borders of the following NPSPAC Regions:
                                            − 19 (New England)
                                            − 21 (Michigan)
                                            − 30 (Eastern Upstate NY)
                                            − 33 (Ohio)
                                            − 36 (Western PA)
                                            − 43 (Washington)
                                            − 55 (Western Upstate NY)
                                        −   The freeze applies only to applications for new facilities or
                                            modification applications involving a change of frequency or
                                            expansion of a station’s existing coverage area. Applications
                                            that have no effect on frequency or coverage (administrative
                                            updates, assignments/transfers, and renewal-only applications,
                                            etc.) are exempt.
                                        −   Because this freeze may prevent some licensees from
                                            expanding their current facilities or obtaining new licenses, the
                                            PSHSB will lift the freeze before April 14, 2011 in any
                                            NPSPAC region where sufficient rebanding progress has been
                                            made, that the grant of the application will not have a negative
                                            impact on the rebanding process.
                                        −   Also, licensees may seek a Special Temporary Authorization
                                            (STA) to expand their facilities or add channels during the


                                                                                                         117
           Issue                Date           Links                               Summary
                                                           freeze, based on an appropriate showing of public interest need
                                                           as described in the PSHSB’s December 2006 STA Guidance
                                                           Public Notice.

                          Public Notice   FCC PN       −    Extends National Public Safety Planning Advisory Committee
                          Released:                         (NPSPAC) and non-NPSPAC licensees’ time period for 800
                          September 30,                     MHz rebanding negotiations in the “Wave 4” border area to
                          2010                              January 30, 2011, when international negotiations with
                                                            Mexico are set to conclude.
                                                       −    Also changes the filing freeze in the area until 30 days later,
                                                            which is now February 5, 2011. This freeze does not apply to
                                                            the following:
                                                           − Amendment applications that do not change an 800 MHz
                                                                frequency or expand an 800 MHz station’s existing
                                                                coverage area (e.g., administrative updates)
                                                           − Assignments/transfers
                                                           − Renewal-only applications
                                                           − Licensees that have received replacement channels from
                                                                the Transition Administrator (TA).
                                                       −    This “Wave 4” border area consists of:
                                                           − Region 1 (Southern CA)
                                                           − Region 3 (AZ)
                                                           − Region 29 (NM)
                                                           − Region 53 (South TX)
                                                           − Region 50 (West TX)
Public Safety,            NPRM Adopted:   FCC NPRM     −    Initiates a rulemaking to establish a Commercial Mobile Alert
Commercial Mobile Alert   December 15,                      System (CMAS)
System                    2007                         −    Under CMAS, Commercial Mobile Service providers may
                                                            elect to transmit emergency alerts to the public.
PS Docket No. 07-287                                   −    THE CMSAAC recommends that: (1) commercial mobile
                                                            alerts should be geographically targeted to the county level;
                                                            (2) commercial mobile alerts should be delivered utilizing

                                                                                                                       118
Issue         Date                 Links                                      Summary
                                                     point-to-multipoint technology; (3) the FCC should not
                                                     require legacy and non-initialized handsets to be CMAS-
                                                     capable; (4) CMAS providers and manufacturers should be
                                                     entitled to recoup related costs; (5) CMAS testing should not
                                                     involve subscribers; and (6) CMAS messages should initially
                                                     be limited to English.

        TIA Comments        TIA Comments         −   In its comments, TIA supports the FCC adoption of the above
        Submitted:                                   CMSAAC recommendations without change.
        February 4, 2008

        R&O Adopted:        FCC 1ST R&O          −   The FCC’s Order targets alerts at the county-level.
        April 9, 2008                            −   Forbears from mandating delivery via point-to-point
                                                     technology and allows delivery using point-to-multipoint.
                                                 −   CMS providers will be allowed flexibility in designing user
                                                     interface.
                                                 −   The FCC found that whether providers can recoup CMAS-
                                                     related development costs is outside the agency’s jurisdiction.
                                                 −   Specifying testing parameters is premature.

                                                 −   TIA submitted a comment urging the FCC to prohibit CMAS
        TIA Comments        TIA Comments
                                                     testing involving the delivery of test messages to cell phone
        Filed: June 19,
                                                     users which TIA believe would unnecessarily strain cellular
        2008
                                                     networks and alarm cell phone users.

                                                 −   On July 8, the FCC adopted Commercial Mobile Alert System
        2nd Report &        FCC 2nd Report and
                                                     rules in compliance with section 602I and (f) of the WARN
        Order and           Order and FNPRM
                                                     Act.
        FNPRM Adopted:
                                                 −   The FNPRM requires NCE and public broadcast television
        July 8, 2008
        Released: July 8,                            stations to install equipment and technologies that will provide
        2008                                         these licensees/permittees with the ability to enable the
                                                     distribution of geo-targeted CMAS alerts to participating


                                                                                                                119
Issue         Date                Links                                        Summary
                                                     CMS providers.
                                                 −   The FCC seeks comment on whether it should adopt rules that
                                                     require NCE and public broadcast television station licensees
                                                     and permittees to test the equipment that they are required to
                                                     install pursuant to the rules adopted in the Second Report and
                                                     Order.

        3rd Report &       FCC 3rd Report &      −    On August 7, 2008, the FCC adopted Commercial Mobile
        Order Adopted:     Order                     Alert System rules in compliance with section 602(b) of the
        August 7, 2008                               WARN Act.
        Released:                                −   The Order requires the Commission to adopt notification
        August 7, 2008                               requirements for CMS providers that elect not to participate,
                                                     or to participate only in part, with respect to new and existing
                                                     subscribers; adopt procedures by which CMS providers may
                                                     elect to transmit emergency alerts and to withdraw such
                                                     elections; adopt a rule governing the provision of alert opt-out
                                                     capabilities for subscribers; allow participating CMS
                                                     providers to recover costs associated with the development
                                                     and maintenance of equipment supporting the transmission of
                                                     emergency alerts; and adopt a compliance timeline under
                                                     which participating CMS providers must begin CMAS
                                                     deployment.

                                                 −   On December 7, 2009, the FCC’s Public Safety and
        Public Notice      Public Notice             Homeland Security Bureau initiated the 28-month period
        Released:                                    during which participating CMS providers must develop, test
        December 7, 2009                             and deploy the CMAS. The deadline is April 7, 2012.

                                                 −   FCC Chairman Julius Genachowski, speaking at Ground Zero
        FCC                FCC Press Release         in Manhattan, announced the Personal Localized Alerting
        Announcement       FCC PLAN Fact Sheet       Network Plan (PLAN) initiative – real name: the Commercial
        Made: May 10,                                Mobile Alert System (CMAS), created under the Warning,
        2011                                         Alert and Response Network (WARN) Act and implemented

                                                                                                                 120
           Issue                  Date              Links                                  Summary
                                                                 through a partnership between the wireless industry, the FCC,
                                                                 and the Federal Emergency Management Agency (FEMA).
                                                            −    Under WARN the FCC has set a deadline for PLAN
                                                                 activation by carriers at April 2012 for those that choose to
                                                                 participate.
                                                            −    PLAN allows government officials to send “text-like alerts” to
                                                                 enabled devices within targeted geographic areas. The
                                                                 phone’s message and vibration will be unique in order to
                                                                 ensure consumer recognition of the emergency alert, limited
                                                                 to 90 characters. The only categories of alerts that will be
                                                                 transmitted using PLAN are:
                                                                − Presidential messages
                                                                − Alerts involving imminent threats to safety of life
                                                                − AMBER Alerts (child abductions)
                                                            −    On May 10, the Chairman announced that AT&T, Sprint, T-
                                                                 Mobile and Verizon have PLAN on “the fast track,” and it is
                                                                 projected that PLAN will be available to consumers using
                                                                 these carriers’ services on a number of devices by years end in
                                                                 NYC.
                                                            −    It is reported that the Chairman will announce PLAN for
                                                                 Washington, D.C. in the near future. NYC and DC are the
                                                                 two cities where PLAN will be rolled out initially.
Public Safety,              NOI Released:     FCC NOI       −    FCC released NOI seeking comment, analysis, and
911 Call-Forwarding, Non-   April 11, 2008                       information on three specific areas: (1) the nature and extent
Initialized Phones                                               of fraudulent 911 calls made from NSI devices; (2) concerns
                                                                 and suggestions concerning the blocking NSI phones used to
PS Docket No. 08-51                                              make fraudulent 911 calls; and (3) other possible solutions to
                                                                 the problem of fraudulent 911 calls from NSI handsets.
Public Safety,              NPRM Released:    FCC NPRM      −   The August 25, 2008 NPRM makes inquiries into:
Net 911 Improvement Act     August 25, 2008                     − The capabilities for which the NET 911 Act affords IP-
                            Implemented:                              enabled voice service providers a right of access;
WC Docket No. 08-171        October 1, 2008                     − How the FCC can ensure that IP-enabled voice service


                                                                                                                            121
            Issue                    Date               Links                                  Summary
                                                                         providers can exercise these rights;
                                                                     − How to ensure that such capabilities are made available on
                                                                         the same rates, terms, and conditions that are provided to
                                                                         commercial mobile service providers;
                                                                     − How the regulations to be adopted under the NET 911 Act
                                                                         are impacted by requirements specific to IP-enable voice
                                                                         service providers.
                                                                 −   The FCC seeks comment on the specific duties imposed by the
                                                                     legislation and the elements of the regulations the FCC is
                                                                     required to adopt including: capabilities; ownership, control,
                                                                     availability, and right of access; rates, terms, and conditions;
                                                                     technical, network security, or information privacy
                                                                     requirements that are specific to IP-Enabled voice services;
                                                                     and other considerations. The first round of comments were
                                                                     due September 9, 2008 and replies were due September 17,
                                                                     2008.

                                                                 −   The October 21 Order adopts rules that give interconnected
                               FCC Order          FCC Order          VoIP providers rights of access to any and all capabilities
                               Released:                             necessary to provide 911 and E911 service from entities that
                               October 21, 2008                      own or control those capabilities and takes steps to ensure that
                                                                     the nation’s E911 network remains secure as an expanded
                                                                     number of entities are granted rights to access this system.
Public Safety,                 NOI Released:      NOI            −   This notice of inquiry seeks comment on whether the
Cyber Security Certification   April 21, 2010                        Commission should establish a voluntary program under
Program (FCC)                                                        which participating communications service providers would
                                                                     be certified by the FCC or a yet to be determined third party
PS Docket No. 10-93                                                  entity for their adherence to a set of cyber security objectives
                                                                     and/or practices.

                               TIA Comments       TIA Comments   −   In order to assess the level of risk of cyber attacks, better data
                               Submitted: July                       must be assimilated.
                               12, 2010                          −   Certification programs have not been widely embraced to

                                                                                                                                    122
            Issue                Date              Links                                       Summary
                                                                    secure critical infrastructure and key resources (CIKR) by
                                                                    industry.
                                                                −   While ongoing certification programs have proven to
                                                                    discourage participation, there are several other incentives that
                                                                    should increase cyber security efforts in the private sector.
                                                                −   The proposed certification program could negatively affect
                                                                    global cyber security efforts.
                                                                −   As the Commission considers its proposed certification
                                                                    program, it must assess likely impact upon global cyber
                                                                    security efforts.
                                                                −   A cyber security program as proposed by the Commission
                                                                    could restrict entities from implementing flexible practices that
                                                                    respond to ever-changing cyber security needs.
Public Safety,             PN Released:     FCC Public Notice   −   Seeks public comment on the creation of a Cybersecurity
Cyber Security Roadmap     August 9, 2010                           Roadmap to identify vulnerabilities to communications
(FCC)                                                               networks or end-users and to develop countermeasures and
                           Comments Due:                            solutions in preparation for, and response to, cyber threats
PS Docket No. 10-146       September 23,                        −   and attacks in coordination with federal partners as
GN Docket No. 09-51        2010                                     recommended by the National Broadband Plan (NBP).
                                                                −   The NBP stated that the roadmap should identify the five most
                                                                    critical cybersecurity threats to the communications
                                                                    infrastructure and its end users and establish a two-year plan,
                                                                    including milestones, for the FCC to address these threats.
                                                                −   The Cybersecurity Roadmap will establish a plan for the FCC
                                                                    to address vulnerabilities to core Internet protocols and
                                                                    technologies and threats to end-users, including consumers,
                                                                    business enterprises, including small businesses, public safety
                                                                    and all levels of government.
Public Safety,             NOI Released:    Federal Register    −   The Department of Commerce’s Internet Policy Task Force
Cyber Security (Dept. of   April 21, 2010                           seeks comprehensive review of the nexus between
Commerce)                                                           cybersecurity challenges in the commercial sector and
                                                                    innovation in the Internet economy.


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            Issue                      Date                 Links                                     Summary
Docket No.: 100721305–                                                  −   The Department seeks to develop an up-to-date understanding
0305–01                                                                     of the current public policy and operational challenges
                                                                            affecting cybersecurity, as those challenges may shape the
                                                                            future direction of the Internet and its commercial use, both
                                                                            domestically and globally
                                                                        −   After analyzing comments on this Notice, the Department
                                                                            intends to issue a report that will contribute to the
                                                                            Administration’s domestic and international policies and
                                                                            activities in advancing both cybersecurity and the Internet
                                                                            economy.
                                                                        −   This expansive NOI seeks comment on:
                                                                            − Quantifying the Economic Impact
                                                                            − Raising Awareness
                                                                            − Web Site and Component Security
                                                                            − Authentication/Identity (ID) Management
                                                                            − Global Engagement (i.e. what cyber security-related
                                                                                problems do U.S. businesses experience when attempting
                                                                                to do business in foreign countries?)
                                                                            − Product Assurance
                                                                            − Research and Development
                                                                            − An Incentives Framework for Evolving Cyber-Risk
                                                                                Options and Cyber Security Best Practices

                                 Extension           Federal Register   −   Extended comment date to September 20.
                                 Published in
                                 Federal Register:
                                 September 10,
                                 2010
Public Safety,                   Federal Register:   Federal Register   −   The FCC filed a Notice of intent to establish the Emergency
Emergency Response               July 23, 2010                              Response Interoperability Center Public Safety Advisory
Interoperability Center Public                                              Committee (PSAC).
Safety Advisory Committee                                               −   Existing within the Public Safety and Homeland Security

                                                                                                                                      124
           Issue               Date                Links                                  Summary
                                                                Bureau (PSHSB), the PSCA’s purpose will be the
                                                                development of a technical framework and requirements for
                                                                interoperability in order to ensure that the public safety
                                                                wireless broadband network is interoperable on a nationwide
                                                                basis.
                                                            −   The PSAC will give recommendations to the Commission
                                                                towards implementing the following:
                                                                − The adoption of technical and operational requirements
                                                                    and procedures to ensure a nationwide level of
                                                                    interoperability.
                                                                − The adoption and implementation of requirements and
                                                                    procedures to address operability, roaming, priority access,
                                                                    gateway functions and interfaces, the interconnectivity of
                                                                    public safety broadband networks, and other matters
                                                                    related to the functioning of the nationwide public safety
                                                                    broadband network.
                                                                − The adoption of authentication and encryption
                                                                    requirements for common public safety broadband
                                                                    applications and network use.
                                                                − The harmonization of ERIC’s policies with other entities,
                                                                    including other Federal agencies.
                                                                − Such other policies for which ERIC may have
                                                                    responsibilities.
                         Released: August   Public Notice
                                                            −   The Public Notice called for nominations for membership in
                         18, 2010
                                                                the PSAC by September 17, 2010.
                         Released:          Public Notice
                                                            −   Extended membership nominations deadline to October 1.
                         September 16,
                         2010
Public Safety,           FCC Order          FCC Order       −   The FCC extended the deadline for broadcasters, cable
Emergency Alert System   Adopted:                               companies, satellite radio and television operators, and
                         November 18,                           wireline video service providers to implement new FEMA-

                                                                                                                            125
           Issue             Date                 Links                                     Summary
EB Docket No. 04-296   2010                                       adopted common messaging protocol (CAP) into emergency
                       Released:                                  alert system (EAS) notifications until September 30, 2011
                       November 23,                               (from 180 days to 360 days.).
                       2010                                   −   This was allowed in consideration of:
                                                                  − FEMA CAP adoption, conformance testing of devices, and
                                                                      type certification issues for devices.
                                                                  − Allowing for EAS participants to obtain IP connectivity to
                                                                      receive the CAP national-level emergency messages
                                                                      (EANs).
                                                                  − Allowing for EAS participants to fully manage equipment
                                                                      procurement, installation, and testing.
                                                                  − The Commission’s fears that “the 180-day deadline would
                                                                      lead to an unduly rushed, expensive, and likely incomplete
                                                                      process.”
                       FCC Notice of       FCC NPRM           −   The FCC has released a Third Further Notice of Proposed
                       Proposed Rule                              Rulemaking (FNPRM) on tentative conclusions and changes to
                       Making                                     Part 11 rules, which govern the Emergency Alert System.
                       Adopted:                               −   The proposed changes would bring Common Alerting Protocol
                       May 25, 2011
                                                                  (CAP) into EAS. The FNPRM also seeks comment on
                       Released:
                                                                  removing unnecessary regulations from Part 11 generally.
                       May 26, 2011
                                                              −   CAP would be incorporated into the existing equipment
                                                                  certification procedure, and comment is sought on how to
                       Federal Register:   Federal Register
                                                                  implement conformance testing, as well as whether a
                       June 20, 2011
                                                                  distinction should be made in the rules for intermediary
                                                                  devices.
                                                              −   Other procedural and technical requirements are proposed for
                                                                  messages from state governors, as well as for the Emergency
                                                                  Action Notifications (EANs), the Presidential-level alert.
                                                              −   The current deadline for CAP adoption is September 30, 2011
                                                                  – comment is also sought on this.
                                                              −   Comments are due July 20, 2011 and Reply Comments are due


                                                                                                                            126
           Issue                  Date              Links                                  Summary
                                                                 August 4,2011.
Public Safety,              FCC Order         FCC NOI        −   The FCC issued an NOI examining how a broadband-enabled,
Framework for Next          Adopted:                             IP-based NG 911 network can improve existing operations by
Generation 911 Deployment   December 21,                         means such as text, photos, and videos.
                            2010                             −   The NOI also seeks to understand how legacy 911
PS Docket No. 10-255        Released:                            infrastructures can be modernized.
                            December 22,                     −   The NOI seeks an understanding of how to bridge the current
                            2010                                 legacy circuit-switched 911 system and a new broadband-
                                                                 enabled IP-based NG911 system.
                                                             −   The NOI seeks comment on issues concerning individuals with
                                                                 disabilities and special needs.
                                                             −   Comments are due February 28, 2011; reply comments are due
                                                                 March 14, 2011.

                                                             −   In evaluating how best to deploy a next generation 911
                                                                 (NG911) network as soon as technically feasible, the
                            TIA Comments      TIA Comments       Commission should be mindful of the need to develop
                            Filed: February                      technologies that will facilitate such a network.
                            28, 2011                         −   TIA urges that the Commission take the path most certain to
                                                                 allow for market-based, consensus industry standards – efforts
                                                                 already underway – that will result in maximum investment
                                                                 incentives, leading to the most innovative and efficiently-built
                                                                 NG911 network.
                                                             −   Given the operational and funding issues that are likely to be
                                                                 encountered in the rollout of NG911 technologies, as well as
                                                                 the potential confusion that could be created by a NG911
                                                                 deployment offering widely disparate capabilities in different
                                                                 jurisdictions, TIA believes that it is better for a NG911 rollout
                                                                 to focus on a subset of capabilities that can be rolled out
                                                                 nationwide rather than enabling deployment of a wide range of
                                                                 capabilities in an uneven way
                                                             −   TIA also notes its opposition to the proposal to expand the


                                                                                                                              127
            Issue                     Date                 Links                                 Summary
                                                                       E911 Scope Order to extend NG911 obligations upon hotspot
                                                                       providers, such as coffee shops.
                                                                   −   TIA has long facilitated collaboration between the ICT
                                                                       industry and accessibility advocates. TIA suggests that the
                                                                       Commission ensure that their proposed actions in the NG911
                                                                       NOI related to disabled access to an IP-based NG911 network
                                                                       are fully coordinated with the Commission’s Emergency
                                                                       Access Advisory Committee (EAAC), and to utilize the
                                                                       experience and recommendations of the EAAC.
Public Safety,                  FCC Public           FCC PN        −   PSHSB issued a PN seeking comment on “current and future
Aerial Telecommunications       Notice Released:                       technologies, specifically aerial telecommunications
Architecture                    January 28, 2011                       architecture that can be rapidly deployed to an area within the
                                                                       first few hours after a major emergency.”
PS Docket No. 11-15                                                −   Comments are due February 28, 2011
Public Safety,                  TIA Comment          TIA Comment   −    TIA believes NIST-DHS should ensure that any P25 CAP
Conformance Tests for the       Submitted: June 3,                     testing procedures be directly traceable to the published
P25 Compliance Assessment       2011                                   standards for the features and functions outlined in the TIA-
Program (NIST-DHS)                                                     102 series of documents
                                                                   −   NIST-DHS must also take steps to facilitate the involvement
PS Docket No. 11-15                                                    of test equipment manufacturers who can develop or apply the
                                                                       test equipment necessary to assure appropriate repeatability of
                                                                       results across manufacturers and laboratories
                                                                   −   NIST-DHS should be cautious of disturbing this effect on the
                                                                       market which has brought about substantial reductions in
                                                                       equipment prices over the last decade
Public Safety,                  FCC Notice of        FCC NOI       −   The FCC adopted unanimously a Notice of Inquiry (NOI)
Reliability and Resiliency of   Inquiry Adopted                        seeking to examine issues related to the reliability of
the Nation’s Networks,          and Released:                          communications networks.
Including Broadband             April 7, 2011                      −   Noting that broadband networks are especially important in
Networks UPDATED                                                       this examination, the Commission will seek comment in four
                                                                       areas:
PS Docket No. 11-60                                                    − Continuity of service during disasters;


                                                                                                                                  128
            Issue                    Date                  Links                                 Summary
                                                                         −   What standards exist currently, and whether Commission
                                                                             standards are needed, for network resiliency and
                                                                             reliability;
                                                                         −   Continuity of network operations; and
                                                                         −   What legal authority the Commission has to regulate in
                                                                             this area.
                               TIA Comment
                                                    TIA Comment
                               Submitted: June 3,                    −   TIA supports the Commission’s goals set forth in the NOI to
                               2011                                      ensure that the nation’s communications networks are reliable
                                                                         and resilient, especially during times of major natural and
                                                                         man-made disasters.
                                                                     −   As the Commission is aware, network outages are caused by
                                                                         countless factors, and the Commission should look to as
                                                                         inclusive of a list as possible when examining the causes of
                                                                         outages and overarching factors beyond the causes of outages
                                                                         explored in the NPRM when evaluating reliability.
                                                                     −   The Commission is encouraged to recognize that no network,
                                                                         no matter the planning or regulation, can be designed and
                                                                         implemented to withstand every possible source of failure.
                                                                     −   Regulatory Action is not Required by the Commission to
                                                                         Ensure Continual Improvement of the Reliability and
                                                                         Resiliency of Communications Networks.
                                                                     −   TIA believes that the current reliability ecosystem – consisting
                                                                         of industry voluntary and consensus-based standards, best
                                                                         practices, self-evaluation efforts, and public-private
                                                                         partnership efforts – should be relied upon by the Commission.
Public Safety,                 NPSTC Petition       NPSTC Petition   −   NPSTC requested that the Commission consider rule changes
NPSTC Petition to Permit       Filed: March 19,                          to permit public safety aircraft voice operations on 700 MHz
Public Safety Aircraft Voice   2011                                      narrowband channels designated for secondary trunking use in
Operations on 700 MHz                                                    Section 90.531(b)(7).
Narrowband Channels                                                  −   NPSTC recommended that the Commission limit public safety
UPDATED                                                                  aircraft voice operations on these channels to two watts


                                                                                                                                    129
           Issue            Date               Links                                    Summary
                                                                effective radiated power, which is consistent with Section
RM-11433                                                        90.541(d).

                      FCC Public        FCC PN              −   the FCC asked for comment on the proposal, specifically how
                      Notice Adopted                            these secondary trunking channels are used today, how
                      and Released:                             compatible the proposed airborne operations are with
                      June 30, 2011                             terrestrial uses, and what coordination procedures
                                                                geographically adjacent licensees should employ to limit
                                                                interference from airborne operations.

                      TIA Reply         TIA Reply Comment   −   If the Commission initiates a rulemaking proceeding, the
                      Comment                                   Commission should: (i) conduct an analysis on the
                      Submitted: July                           interference impact of the proposed aircraft operations on other
                      25, 2011                                  700 MHz narrowband operations as well as on broadband
                                                                operations in adjacent blocks in the band; and (ii) adopt
                                                                appropriate safeguards to protect those operations from
                                                                harmful interference.
Spectrum
Spectrum              NPRM Adopted:     FCC NPRM            −   Proposes deadlines and procedures to ensure broadcasters
DTV, Order and NPRM   April 25, 2007                            complete construction of their post-transition, digital facilities
                      Released:                                 by the statutory deadline.
MB Docket No. 07-91   May 18, 2007                          −   Restricts the grant of future extensions of time to construct
                                                                digital facilities.
                                                            −   Requires stations to file a form with the FCC detailing the
                                                                status of the station’s digital transition, the additional steps the
                                                                station must take before the deadline, and a plan for how the
                                                                station intends to meet the deadline.
                                                            −   Establishes 2/17/07 as the construction deadline.
                                                            −   TIA met with staff from Commissioners McDowell’s and
                                                                Copps’ staff to discuss TIA’s interest in assisting the FCC in
                                                                ensuring a smooth DTV transition and urging the FCC to
                                                                continue to enhance communication efforts to underserved


                                                                                                                               130
           Issue                    Date                 Links                                    Summary
                                                                         areas.
Spectrum                     R&O Adopted:         Report and Order   −   Encourages and permits continued analog TV service for 30
DTV, Analog Nightlight       January 15, 2009.                           days after the February 17, 2009 DTV transition date to
Program R&O                  Released:                                   provide public safety information and DTV transition
                             January 15, 2009                            information for any viewers who do not have the necessary
(MB Docket No. 08-255)                                                   equipment to receive digital broadcasts by the transition
                                                                         deadline.
Spectrum                     Public Notice        Public Notice      −   Announces procedures for the termination of analog television
DTV, Procedures for          Released:                                   on or after February 17, 2009. This includes the FCC’s partial
Termination of Analog TV     February 5, 2009                            waiver of its notification requirements by making termination
                                                                         notifications due by February 9, 2009.
(FCC No. 09-6)                                                       −   After February 17, 2009, stations that wish to terminate
                                                                         analog service before 11:59:59 pm on June 12, 2009 – the new
                                                                         DTV transition deadline date that will be established by the
                                                                         DTV Delay Act – must comply with the requirements
                                                                         previously mandated in the Third DTV Periodic Report and
                                                                         Order.
Spectrum                     R&O Adopted:         R&O and NPRM       −   The Second R&O and NPRM addresses time-sensitive issues
DTV, Implementing the DTV    February 20, 2009.                          related to the DTV transition delay. These include extending
Delay Act                    Released:                                   consumer education requirements, the early analog
                             February 20, 2009.                          termination procedures, 700 MHz band license periods and
(MB Docket 09-17)                                                        construction requirements, the 100-day countdown
                                                                         responsibilities, and the analog nightlight program.
Spectrum                     Final Rule           Federal Register   −   Removes rules that implemented the DTV converter box
DTV, Sunset of Set Top Box   Published in                                coupon program.
Coupon Program (Dept. of     Federal Register:                       −   Effective November 9, the program will expire and the
Commerce)                    September 25,                               associated regulations are obsolete.
                             2010

Spectrum,                    Order Adopted:       FCC ORDER, NPRM    −   The FCC tentatively decided upon the adoption of none of the
700 MHz Auction              April 25, 2007                              proposals restructuring Upper 700 MHz plan, and concluded
                             Released:                                   that current wideband should be revised allowing only
(PS Docket No. 06-229, WT    April 27, 2007

                                                                                                                                  131
           Issue               Date                Links                                Summary
Docket No. 96-86)                                               broadband applications consistent with a nationwide
                                                                interoperability standard, combining narrowband spectrum at
(AU Docket No. 07-157)                                          the upper portion and broadband at the lower.
                         TIA Comments        TIA COMMENTS
                         Submitted:                         −   TIA urges the FCC to: 1) avoid secondary broadband use of
                         February 26, 2007                      the narrowband spectrum to prevent harmful interference to
                                                                public safety communications; 2) reconfigure the band plan to
                                                                create contiguous narrowband block; 3) and make more
                                                                efficient use of the spectrum overall, regardless licensing and
                                                                governance structure.
                         2nd R&O             FCC 2ND R&O
                         Released:                          −   The FCC’s 2nd R&O concludes upon the following:
                         September 12,                      −    Commercial Band Plan: Modifies the commercial 700 MHz
                         2007                                   band plan by increasing the amount of spectrum to be
                                                                auctioned from 60 MHz to 62 and varying the size of service
                                                                area licenses to be auctioned.
                                                            −   Guard Band Spectrum Band Plan: Modifies the Upper 700
                                                                MHz Guard Band spectrum by reallocating the A Block
                                                                Guard Band, consolidating and allocating existing A Block
                                                                Guard band licenses into a new A Block Guard Band,
                                                                requiring the return to the FCC of all B Lock Guard Band
                                                                licenses, and shifting the public safety broadband allocation
                                                                downward by 1MHz and placing it adjacent to Upper 700
                                                                MHz D Block.
                                                            −   Prohibits the C Block licensee from (1) disabling features or
                                                                functionalities in handsets, or (2) blocking, degrading, or
                                                                interfering with ability of end-users to download applications.
                         FCC Order           FCC Order      −   Performance Requirements for Commercial Service
                         Released: March                        Providers: Replaces the current “substantial service”
                         20, 2008                               requirements with interim and end-of-term benchmarks.
                                                            −   Public Safety Spectrum, Public/Private Partnership: Modifies
                                                                the Public Safety spectrum band plan and adopts the proposal

                                                                                                                           132
Issue         Date                  Links                                Summary
                                                to license the 700 MHz Public Safety Broadband spectrum as
                                                a single nationwide geographic license compromising a total
                                                of 10 MHz (5 MHz paired blocks), and imposes a public
                                                private partnership for the use of said block.
        TIA Letter Filed:   TIA Letter
        June 17, 2008                       −   TIA filed a letter urging expedition of the auction and
                                                embracing both Land Mobile Radio Systems and Broadband
                                                in an interoperable public safety network.


        FNPRM Released:     FNPRM           −   On September 25, 2008, the FCC released an FNPRM
        September 25,                           proposing a public-private public safety partnership operating
        2008.                                   in 10 MHz of the D Block. The proposal includes less
                                                stringent build-out requirements and more specific details of
                                                the responsibilities of the licensee and its public safety
                                                counterparts.
                                            −   The Notice revises the auction plan, proposing ot use a
                                                competitive bidding process to determine whether, based on
                                                greatest population coverage and highest bid(s), the D Block
                                                spectrum would be licensed to a single licensee on a
                                                nationwide basis or to regional licensees on the basis of 58
                                                public safety regions.
                                            −   The Notice proposes to extend the license term to 15 years
                                                and adopt performance benchmarks applicable at the fourth,
                                                tenth, and fifteenth years.
                                            −   Public Safety Spectrum, Public/Private Partnership: Modifies
                                                the Public Safety spectrum band plan and adopts the proposal
                                                to license the 700 MHz Public Safety Broadband spectrum as
                                                a single nationwide geographic license compromising a total
                                            −   of 10 MHz (5 MHz paired blocks), and imposes a public
                                                private partnership for the use of said block.
        TIA Comments        TIA Comments
        Submitted:
                                            −   TIA filed comments urging the Commission to 1.) reduce or

                                                                                                          133
           Issue                  Date                 Links                                Summary
                            October 31, 2008                       eliminate the minimum bid; 2.) establish bond requirements
                                                                   for regional licensees; 3.) revise its position on reimbursement
                                                                   for narrowband relocation; 4.) allow hardening requirements
                                                                   and charges for public safety use to be resolved in the NSA;
                                                                   5.) amend data rates without further rulemaking; 6.) mandate
                                                                   the PBSL to establish public safety device specifications and
                                                                   allow public safety to select commercial products meeting
                                                                   these parameters.
Spectrum,                   R&O Adopted:         FCC R&O       −   Allows the introduction of new low power devices to be used
Unlicensed Devices          October 12, 2006                       in the TV bands on channels/frequencies that are not being
                            Released:                              used for authorized services.
(ET Docket No. 04-186, ET   October, 18, 2006                  −   To minimize risk of interference, the FCC will not permit
Docket No. 02-380)                                                 operation on channels 37, 52-69, and 14-20, if 14-20 are used
                                                                   for public safety.

                            FCC PN               FCC PN        −   The FCC’s Office of Engineering and Technology (OET)
                            Released: January                      begins a second phase of laboratory bench testing on the
                            17, 2008                               performance of prototype television white space on Jan. 24,
                                                                   2008.
                                                               −   The testing is used to consider authorizing the operation of
                                                                   new, low power devices in the television (TV) broadcast
                                                                   spectrum at locations where channels are not being used for
                                                                   authorized services.
                            FCC PN               FCC PN        −   On July 14, the FCC began conducting tests of prototype
                            Released: July 10,                     white spaces devices as part of its rule making to consider
                            2008                                   authorizing the operation of new low power devices in the TV
                                                                   broadcast spectrum at locations where individual
                                                                   channels/frequencies are not being used for authorized
                                                                   services
                            FCC Second           FCC 2nd R&O   −   Clarifies various legal and technical issues raised in 17
                            Report & Order                         separate petitions, upholding the majority of the 2008

                                                                                                                               134
Issue         Date      Links                                  Summary
        Released and                 Commission decision:
        Adopted:                    − White spaces devices using television spectrum will have
        September 23,                   to register with a new, publicly-available geolocation
        2010                            database that will be created by OET.
                                             - For wireless microphones, 2 channels will be
                                                 dedicated for use on a nationwide basis, and areas
                                                 of the television spectrum that white space devices
                                                 cannot use will also be made available. Should
                                                 there still be a shortage of spectrum in an area for
                                                 wireless microphones, registration of the
                                                 microphones in the new database and proof that all
                                                 available channels (7-51) are being used
                                                 efficiently will be required before white spaces
                                                 use.
                                             - In addition, wireless microphones used on a large,
                                                 consistent scale (e.g., sporting arenas, theatres,
                                                 etc.) can register in the database on a voluntary
                                                 basis, but must affirm that channels 7-51 are being
                                                 efficiently utilized.
                                    − White space devices that use geolocation and spectrum use
                                        database access will not be additionally required to use
                                        sensing technology to perceive TV and wireless
                                        microphone signals.
                                −   The rules listed above will be effective January 5, 2011, with
                                    the exception of the following which are subject to Office of
                                    Management and Budget approval:
                                    − §§ 15.713: The requirements and responsibilities of the
                                        database, and the information that must be submitted to the
                                        TV bands database.
                                    − §§ 15.714: Allows the TVDB administrator to charge a fee
                                        for the provision of lists of available channels to
                                        ‘unlicensed TV band devices’ (TVDBs) and for registering
                                        fixed TVBDs.

                                                                                                135
Issue         Date              Links                              Summary
                                            −   §§ 15.715: The responsibilities of the TV bands database
                                                administrator.
                                            −   §§ 15.717: The rules on TVBDs that rely on spectrum
                                                sensing.

        Public Notice      FCC PN       −   The FCC placed five petitions for reconsideration of the TV
        Released:                           White Spaces Order on Public Notice:
        February 2, 2011                −   Cellular South, Inc. (filed Jan. 5, 2011): Requests changes
                                            providing Lower 700 MHz Band Block A licensees with
                                            “adequate interference protection from unlicensed devices
                                            operating on adjacent Channel 51 of the UHF television
                                            band.” Specifically, asks that the Commission 1) permit
                                            Block A licensees to register in the TV Bands database; 2)
                                            prohibit fixed TVDB operation in Channel 51; and 3) limit
                                            personal/portable TVDB operation in channel 51 to stricter
                                            technical parameters.
                                        −   Motorola Solutions, Inc. (filed Jan. 5, 2011): Requests that
                                            the Commission modify the overly-stringent rules on adjacent
                                            channel out-of-band emissions for fixed TV broadband devices
                                            (TVBDs) to permit more economical construction of devices.
                                        −   National Cable and Telecommunications Association (filed
                                            Jan. 5, 2011): Requests for security reasons reconsideration
                                            of the decision to make the TV bands device database publicly
                                            available for unrestricted public browsing, including
                                            information identifying “the precise geographic coordinates of
                                            cable headends and tower receive sites which are sensitive,
                                            critical infrastructure for broadband Internet, voice over IP,
                                            emergency alert messaging and other critical communications
                                            services.” Suggests that the FCC require security measures
                                            sufficient to restrict access to registered device manufacturers
                                            and operators of broadcasting and communications businesses,
                                            and also limit the uses to which information from the database
                                            may be employed.

                                                                                                        136
             Issue                  Date              Links                                 Summary
                                                              −   WiFi Alliance (filed Dec. 29, 2010): Seeks several rule
                                                                  changes that would enable devices using the service to better
                                                                  operate as a “Super Wi-Fi” home networking
                                                                  technology. Specifically, seeks 1) non-interference
                                                                  requirements which are less onerous than the current out-of-
                                                                  band emissions masks; and 2) changes to the power and power
                                                                  spectral density limits for devices which are indoors and
                                                                  stationary and less able to receive accurate GPS geo-location
                                                                  data.
                                                              −   Wireless Internet Service Providers Association et al. (filed
                                                                  Jan. 5, 2011): Requests that the Commission bolster the
                                                                  feasibility of wireless broadband service using TV white
                                                                  spaces through two changes: 1) eliminating the 76-meter
                                                                  limitation on the height above average terrain (”HAAT”) of
                                                                  fixed station locations, and instead allow antenna heights up to
                                                                  250 meters HAAT; and 2) relaxing the spectral mask for fixed
                                                                  TV band devices (“TVBDs”) as described in the Motorola
                                                                  Solutions petition for reconsideration.
                                                              −   Oppositions were due Feb. 24, with replies due 10 days later
                                                                  (March 7).
Spectrum,                     FCC NPRM           FCC NPRM     −   The Commission proposed changes to Part 15 of the Rules to
Amendment of Part 15          Adopted: May 4,                     enable Unlicensed Personal Communications Service (UPCS)
Regarding UPCS in the 1920-   2010                                devices operating in the 1920-1930 MHz band (known as the
1930 MHz band                 Released: May 6,                    UPCS band) to make more efficient use of this spectrum in
                              2010                                response to a Petition for Rulemaking filed by the Digital
(ET 10-97)                                                        Enhanced Cordless Telecommunications Forum (DECT).
                                                              −   Specifically, the NPRM proposed revising Section 15.323 of
                                                                  our Rules to increase the least-interfered channel threshold that
                                                                  a UPCS device must monitor to determine whether there is a
                                                                  channel available on which to transmit (henceforth referred to
                                                                  as the least-interfered channel access method).
                                                              −   Also proposed to reduce from 40 to 20 channels the number of
                                                                  duplex system access channels that a UPCS device must

                                                                                                                              137
              Issue                   Date               Links                                 Summary
                                                                        monitor and use under the least-interfered channel access
                                                                        method.

                                TIA Comments       TIA Comments     −   The UPCS NPRM properly addresses the key goals of the
                                Submitted: July                         Petition for Rulemaking filed by the DECT by proposing to
                                12, 2010                                increase the least-interfered channel access method threshold
                                                                        that a UPCS device must monitor to determine whether there
                                                                        is a channel available on which to transmit and reduce from 40
                                                                        to 20 channels the number of duplex system access channels
                                                                        that a UPCS device must monitor and use under the least-
                                                                        interfered channel access method.
                                                                    −   There is increasing demand for spectrum supporting UPCS
                                                                        services, and the Commission’s proposal will go a long way
                                                                        toward the development of innovative cordless broadband
                                                                        devices.
                                                                    −   With these changes, DECT devices will not suffer interference
                                                                        and manufacturers will continue producing innovative DECT
                                                                        products that will provide access to broadband services.
Fixed and Mobile Services       FCC NPRM &         FCC NPRM & NOI   −    FCC’s NPRM and NOI’s goal is to promote use and
(MSS) in the Mobile Satellite   NOI Released:                            investment in the MSS bands and make 90 MHz available for
Service Bands UPDATED           July 15, 2010                            commercial mobile broadband in the 2GHz, Big LEO, and L
                                                                         Band.
(ET 10-142)                                                         −    The NPRM proposes co-primary fixed and mobile allocations
                                                                         in the 2 GHz band.
                                                                    −    The NPRM also proposes expanding secondary market rules
                                                                         to MSS band transactions for terrestrial services.
                                                                    −    The NOI seeks comment on other steps the Commission can
                                                                         take to increase the use of and investment in MSS spectrum.
                                                                    −    The NOI seeks input on ways to create opportunities for better
                                                                         use of the 2 GHz band for terrestrial uses.
                                TIA Comments       TIA Comments     −   TIA strongly supports the FCC’s proposal to add primary
                                Filed: September

                                                                                                                                    138
Issue          Date               Links                                 Summary
        15, 2010                              Fixed and Mobile service allocations to the 2000-2020 MHz
                                              and 2180-2200 MHz bands.
                                          −   TIA supports the National Broadband Plan’s recommendation
                                              to enable terrestrial deployment in 90 MHz of MSS bands for
                                              mobile broadband while preserving essential MSS
                                              capabilities.
                                          −   In order to encourage current licensees to ensure that spectrum
                                              is used in the most efficient manner, TIA prefers that
                                              Congress grant the Commission authority to conduct
                                              voluntary incentive auctions.
                                          −   TIA urges the Commission to apply its secondary Wireless
                                              Radio Services market spectrum leasing policies to spectrum
                                              leasing agreements between MSS operators and third parties
                                              to provide terrestrial service.

        FCC Report &         FCC R&O      −   Consistent with its proposals, the FCC added co-primary
        Order                                 Fixed and Mobile allocations to the MSS 2 GHz band.
        Released: April 5,                −   The FCC also extended its existing secondary market
        2011                                  “spectrum manager” spectrum leasing policies, procedures,
        Adopted: April 6,                     and rules that currently apply to wireless terrestrial services to
        2011                                  the use of MSS/ATC spectrum for the provision of terrestrial
                                              services.
                                          −   These rules were published on May 30; rules became effective
                                              June 29.
        FCC Public           FCC PN
                                          −   The FCC issued a Public Notice that comment on three
        Notice Released:
                                              Petitions for Reconsideration on the FCC’s April 6-released
        July 29, 2011
                                              Report & Order that added co-primary Fixed and Mobile
                                              allocations to the Mobile Satellite Service (MSS) 2 GHz band,
                                              as well as extended secondary market “spectrum manager”
                                              spectrum leasing policies, procedures, and rules that already
                                              applied to wireless terrestrial services to the use of
                                              MSS/Ancillary Terrestrial Component (ATC) spectrum for the

                                                                                                            139
            Issue                       Date               Links                                        Summary
                                                                              provision of terrestrial services.
Spectrum,                        FCC PN Released    700 MHz Good Faith    −   The Petition seeking to ensure that every 700 MHz device
Petition to Require Devices be   February 18,       Purchasers Alliance       operates on all paired commercial 700 MHz frequency blocks
Capable of Operation on All      2010.              Petition for              ignores technological and marketplace realities that will stall
700 MHZ Bands                                       Rulemaking                progress to make 700 MHz devices rapidly available at
                                                                              reasonable cost.
(RM. No. 11582)
                                 TIA Comments       TIA Comments          −   Forcing carriers to develop devices capable of operating on
                                 Filed: April 30,                             each band in the 700 MHz band severely discourages a
                                 2010                                         licensee’s prerogative to change air interfaces.
                                                                          −   The technology-neutral policy of allowing carriers to change
                                                                              air interfaces would be thwarted.
Spectrum,                        FCC PN Released    TIA Comments          −   To allow deployment of WCS services, it is vital that effective
Wireless Communications          April 2, 2010                                interference rules are adopted that protect Satellite Digital
Services (WCS) Interference                                                   Audio Radio Service (SDARS) and federal and non-federal
Rules                                                                         Aeronautical Mobile Telemetry (AMT ) operations, which
                                                                              provide vital aeronautical testing that ensures the safety of
(WT Docket No. 07-293, IB                                                     aircraft operations. The interference rules adopted by the
Docket No. 95-91)                                                             Commission should accomplish this goal.
                                                                          −   However, TIA urges the Commission to ensure that WCS
                                                                              services and devices can operate in a practical and useful
                                                                              manner with the proposed duty cycle limits.


                                 Order Released     FCC Order             −    The FCC has amended the Wireless Communications Service
                                 May 20, 2010                                 (WCS) rules to immediately make 25 megahertz of spectrum
                                                                              available for mobile broadband services while permitting the
                                                                              use of terrestrial repeaters by Satellite Digital Audio Radio
                                                                              Service (SDARS) licensees at the same time.
                                                                          −   These rules will take effect September 1, 2010.
                                                    FCC PN
                                 Public Notice                            −   Upon publication in the Federal Register, oppositions to the
                                 Released:

                                                                                                                                          140
            Issue                   Date               Links                                       Summary
                              September 22,                               following five petitions for reconsideration and one petition
                              2010                                        for clarification:
                                                                         − American Radio Relay League (opposition)
                                                                         − AT&T (opposition)
                                                                         − Green Flag, et al. (opposition)
                                                                         − Sirius XM Radio, Inc. (opposition)
                                                                         − WCS Coalition (opposition)
                                                                         − Stratos Offshore Services Company (clarification)
                                                                     −   Comments are due on October 22, and Replies are due
                                                                         November 5.
Spectrum,                     Fifth R&O,        5th R&O, 11th R&O,   −    Concludes the relocation of the BAS from the 1990-2110
Broadcast Auxiliary Service   Eleventh R&O,     6th R&O, and              MHz band to the 2025-2110 MHz band, which began in 2000.
(BAS)                         Sixth R&O, and    Declaratory Ruling   −    This reallocation will free up 35 megahertz of spectrum.
                              Declaratory                            −    Declaratory Ruling:
(WT Docket No. 02-55, ET      Ruling Released                            − The FCC rejected the petitions arguing that their pro rata
Docket Nos. 00-258, 95-18)    and Adopted:                                    cost-sharing obligations to Sprint Nextel expired on June
                              September 29,                                   26, 2008 per the 800 MHz R&O, finding that new BAS
                              2010                                            entrants must share the increased cost of the BAS
                                                                              transition.
                                                                         − The FCC refused to rule on whether ICO Global (the
                                                                              parent company of New DBSD Satellite Services, G.P.,
                                                                              whom after being sued for BAS cost sharing
                                                                              reimbursements by Sprint Nextel declared bankruptcy in
                                                                              May of 2009) was a MSS “entrant” because the
                                                                              proceeding had not involved adversarial discovery and the
                                                                              FCC may not have all relevant information that must be
                                                                              considered. However, the FCC noted that it will look
                                                                              outside of conventional factors when determining whether
                                                                              entities should be legally responsible under the
                                                                              Commission’s rules and orders addressing the 2 GHz MSS
                                                                              band.
                                                                     −    R&Os:


                                                                                                                                   141
           Issue                     Date                   Links                                    Summary
                                                                        −    New entrants that enter the band before December 9, 2013,
                                                                             must compensate the relocation costs pro rata to the
                                                                             entrant who relocated the BAS incumbents;
                                                                        − A MSS entrant has entered the band when it “certifies that
                                                                             its satellite is operational for purposes of meeting the
                                                                             operational milestone of its authorization”;
                                                                        − An AWS entrant has entered the band on the date its long-
                                                                             form application approval becomes a final action;
                                                                        − A MSS entrant’s cost sharing obligation is limited to a pro
                                                                             rata share of relocation costs of BAS incumbents in:
                                                                             − The thirty largest markets
                                                                             − All fixed BAS markets
                                                                        − If, before the sunset date, a new entrant has entered the
                                                                             band, Sprint Nextel may request reimbursement. The
                                                                             entrant will then have thirty days to submit its
                                                                             reimbursement to Sprint Nextel. Paying these costs will
                                                                             not result in automatic license suspension, but the FCC
                                                                             will take enforcement action.
                                                                        − Transferees of licenses are jointly and severably liable for
                                                                             unpaid cost sharing with their portion of the spectrum.
                                                                    −     The effective date for these rules is December 2, 2010.
Spectrum,                      FNPRM Adopted:       FNPRM           −    In the FNPRM, the FCC proposes to adopt application,
Advanced Wireless Services 3   June 20, 2008                             licensing, operating, and technical rules for the 2155-2180,
Auction                        Released: June 20,                        1915-1940, and 1995-2000 MHz band.
                               2008                                 −    The FNPRM also proposes public access to free, nationwide
(WT Docket No. 07-195, WT                                                high-speed wireless broadband Internet using a portion of the
Docket No. 04-356)                                                       winner’s network.
                                                                    −    The FCC also proposes technical rules for the H-Block.

                               FCC Order            FCC ORDER       −   FCC extended the deadline for the FNPRM on the M2Z
                               Adopted: July 8,                         proposal. Comments are now due on July 25, 2008.
                               2008


                                                                                                                                  142
Issue         Date                   Links                                      Summary
        Released: July 8,
        2008

        DECT Petition for    DECT Petition           −   DECT Forum filed a Petition for Rulemaking on August 11,
        Rulemaking                                       2008. The petition requests changes in FCC Part 15 Subpart
        Filed: August 11,                                D (47 CFR 15.232I(5)).
        2008
        Released: August                                        -   The threshold requirement associated with the
        25, 2008                                                    least-interfered-channel rule and
                                                                -   The minimum number of channels to be monitored
                                                                    under the least-interfered-channel rules

                                                     −   TIA filed comments in support of the DECT Forum Petition.
        TIA Comments         TIA COMMENTS                TIA supports the DECT Forum Petition to eliminate the
        submitted:                                       threshold requirement and reduce the minimum number of
        October 3, 2008                                  channels to be monitored from 40 to 20.

                                                     −   The D.C. Circuit Court of Appeals dismissed M2Z’s appeal of
        D.C. Circuit Court   D.C. Circuit Court of       the FCC’s August 2007 dismissal of its license application for
        Opinion              Appeals Opinion             the 2155-2175 MHz spectrum and later the company’s
        Decided: March                                   forbearance petition filed on Sept. 1, 2006.
        10, 2009.                                    −   Chief Judge David Bryan Sentelle stated that, “[d]espite the
                                                         ingenious arguments of petitioner, we affirm the order of the
                                                         FCC in all respects, dismissing M2Z’s application without
                                                         prejudice and denying its expansive petition for forbearance.”
                             FCC Public Notice
        FCC Public                                   −   The FCC issued a Public Notice seeking comment on
        Notice                                           encouraging terrestrial mobile broadband use in a number of 2
        Released:                                        GHz frequencies, and on technical matters related to band
        April 25, 2011                                   plans.
                                                     −   Comment is sought on the following bands:
                                                     −   Mobile Satellite Service (MSS) at 2000-2020 MHz and 2180-
                                                         2200 MHz (“2 GHz MSS band” or “S Band”)

                                                                                                                   143
            Issue                   Date                 Links                            Summary
                                                                 −   AWS-2 upper “H” block spectrum at 1995-2000 MHz
                                                                 −   AWS-2 paired “J” block spectrum at 2020-2025 MHz and
                                                                     2175-2180 MHz
                                                                 −   AWS-3 spectrum at 2155-2175 MHz

                                                                 −   Comment is also sought on issues related to the voluntary
                                                                     conversion of 2 GHz MSS from Part 25 to Part 27, as well as
                                                                     offering the option of a licensee to return a portion of
                                                                     spectrum for auction in exchange for receiving Part 27
                                                                     terrestrial 2 GHz MSS rights.

Spectrum,                     FCC PN             FCC PN          −   The Wireless Bureau seeks comment on the Rural
Commercial Terrestrial        Released:                              Telecommunications Group (RTG) Petition for rulemaking to
Wireless Spectrum Below 2.3   October 10, 2008                       impose a 110 MHz spectrum aggregation limit on all
GHz                           Published:                             commercial terrestrial wireless spectrum below 2.3 GHz.
                              October 23, 2008                   −   Comments are due December 2, 2008, with Replies due
                                                                     December 22.

                              TIA Comments       TIA Comments    −   TIA submitted comments opposing the resurrection of a
                              submitted:                             spectrum cap. TIA asked the FCC to dismiss RTG’s Petition
                              December 1, 2008                       for rulemaking.
Spectrum,                     FCC PN             FCC PN          −   The Wireless Bureau seeks comment on the RCA petition for
Rural Cellular Association    Released:                              rulemaking requesting that the FCC examine the effects of
Petition                      October 10, 2008                       exclusivity arrangements between commercial wireless
                              Published:                             carriers and handset manufacturers, and, as necessary, adopt
                              October 23, 2008                       rules that prohibit such arrangements when contrary to the
                                                                     public interest.

                                                                 −   FCC released an Order extending the comment deadline
                              Order Adopted      Order               extended to February 2, 2009 and the reply comment deadline
                              and Released:                          February 20, 2009.
                              November 26,


                                                                                                                              144
           Issue                   Date               Links                                  Summary
                                                               −    TIA submitted comments requesting that the Commission first
                             TIA Comments       TIA Comments        address this issue through a Notice of Inquiry (NOI) and only
                             submitted:                             initiate a rulemaking procedure after all parties have had the
                             February 2, 2009                       opportunity to comment on the record.
                                                               −    The filing also asked the FCC to carefully consider the effects
                                                                    of regulating private contracts in the wireless services industry
                                                                    and highlighted the numerous on-going government initiatives
                                                                    which are spurring the deployment of rural broadband.
Spectrum                     R&O, Released:     FCC R&O        −    The FCC released a Report & Order (R&O) approving new
Spectrum for Medical Devices March 20, 2009.                        rules to provide additional spectrum for wireless medical
                                                                    devices such as implantable cardiac pacemakers and
(ET Docket 06-135)                                                  defibrillators that can be adjusted wirelessly.
Spectrum                     R&O and FNPRM      FCC R&O and    −    The FCC released a Report & Order (R&O) and Further
4.9 GHz                      Released:          FNPRM               Notice of Proposed Rulemaking (FNPRM) addressing the 4.9
                             April 9, 2009                          GHz band rules for public safety.
(WP Docket 07-100)                                             −    The FCC granted primary status to: 1) 4.9 GHz stand-alone,
                                                                    permanent fixed links that are used to deliver broadband
                                                                    service; and 2) permanent fixed links that connect 4.9 GHz
                                                                    base and mobile stations used to deliver broadband service
                                                                    and/or connect other public safety networks using spectrum
                                                                    designated for broadband use.
                                                               −    The Commission also revised output power measurement
                                                                    procedures for 4.9 GHz band devices to be the same as those
                                                                    required for devices using digital modulation techniques
                                                                    regulated by Part 15 of the FCC’s rules.
Spectrum,                    NOI Adopted and    FCC NOI        −   In this Notice of Inquiry (NOI), the FCC seeks to understand
Innovation and Investment    Released on                           better the factors that encourage innovation and investment in
                             August 27, 2009                       wireless and to identify concrete steps the Commission can
(GN Docket No. 09-157, GN                                          take to support and encourage further innovation.
Docket No. 09-51)                                              −   The FCC seeks comment on how best the FCC can expand the
                                                                   scope of successful policies and on whether there are policies
                                                                   and processes that the Commission does not have in place that


                                                                                                                                145
           Issue              Date               Links                                   Summary
                                                                  could promote wireless innovation.

                        Public Notice     FCC Public Notice
                        Released on                           −   Notice modifies the Wireless and Innovation Investment NOI
                        September 10,                             requiring all ex parte presentations made in the proceeding are
                        2009                                      subject to the “permit-but-disclose” requirements of the
                                                                  Commission’s ex parte rules. Also, the comment and reply
                                                                  comment deadlines were extended. Comments are due
                                                                  September 30PthP and Reply Comments are due October
                                                                  15PthP.
                        TIA Comments      TIA COMMENT
                        Submitted:                            − In its comments, TIA urges the commission to work with other
                        September 29,                           government agencies to identify and make available other
                        2009                                    available methods of providing additional spectrum. Spectrum
                                                                Scarcity poses one of the greatest threats to wireless market
                                                                innovation and investment. Also, the Commission should
                                                                support government-funded research, as well as continue to
                                                                perpetuate its pro-competitive regulatory approach. The
                                                                Commission should also relax its wireless equipment approval
                                                                processes, including for example, reviewing opportunities for
                                                                limited use of a self-declaration of compliance (DOC) process
                                                                applicable to SAR testing.
Spectrum,               NOI Adopted and   FCC NOI             − In this Notice of Inquiry (NOI), the FCC seeks to expand and
Wireless Competition    Released on                              enhance analysis of competitive conditions, both to improve
                        August 27, 2009                          assessment of the current state of competition in the entire
(WT Docket No. 09-66)                                            mobile wireless market ecosystem and to better understand the
                                                                 net effects on the American consumer.
                                                              − The FCC seeks comment on which analytic framework and
                                                                 data sources will most clearly describe competition in the
                                                                 mobile wireless market, on new market segments not covered
                                                                 thoroughly in previous reports, on the vertical relationships
                                                                 between “upstream” and “downstream” segments and how
                                                                 these relationships affect competition, and on fostering

                                                                                                                             146
            Issue                 Date                Links                                  Summary
                                                                       innovation and investment in wireless communications.

                            Public Notice      FCC Public Notice   −   The FCC released a public notice extending the comment
                            Released                                   deadline to September 30PthP and the Reply Comment date to
                            September 10,                              October 15PthP.
                            2009

                            TIA comments       TIA Comments        −   In its comments, TIA urges the commission to 1) consider
                            submitted:                                 how the pro-competitive nature of handset exclusivity
                            September 29,                              contracts has yielded greater choice for consumers and how a
                            2009.                                      ban one exclusivity could harm innovation and competition,
                                                                       2) consider how reinstating the spectrum cap will be a step
                                                                       backward in the commission’s spectrum policies and would
                                                                       negatively affect the mobile and wireless broadband product
                                                                       market’s competitive nature and should continue using the
                                                                       spectrum screen approach and 3) expand its efforts to help
                                                                       overcome the barriers to wireless broadband adoption among
                                                                       vulnerable populations.
Spectrum,                   TIA Comments       TIA Comments        −   TIA supports the technologically-sound development and
MBAN                        Submitted:                                 application of MBANs and urges the Commission to carefully
                            October 5, 2009                            consider test results that indicate potential interference to
(ET Docket No. 09-59)                                                  aeronautical testing telemetry essential to aircraft safety used
                                                                       in 2360-2395.
                                                                   −   TIA stated that the use of the 2400-2483.5 MHz by unlicensed
                                                                       devices is a critical component of the future deployment of
                                                                       innovative wireless devices. Thus, we stated, should the
                                                                       Commission allow MBAN use in this band, it should do so in
                                                                       a manner that does not put MBANs on a level of regulatory
                                                                       preference above unlicensed devices.
Spectrum,                   TIA Comments       TIA Comments        −   TIA urges the Commission to identify Federal and non-
Spectrum for Broadband      Submitted:                                 Federal spectrum that can be allocated for wireless broadband
                            October 23, 2009                           services.
(GN Docket No. 09-47, 09-                                          −   As the Commission evaluates spectrum allocation to

                                                                                                                                   147
              Issue                Date            Links                                  Summary
51, 09-137)                                                     maximize consumer welfare, TIA urges it to acknowledge the
                                                                differences in spectrum usage in different bands.
                                                            −   Further, it is important that the Commission work to ensure
                                                                that a technically and economically viable interoperable
                                                                broadband public safety network is deployed.
                                                            −   Additionally, the Commission’s plan should acknowledge the
                                                                public benefits of both licensed and unlicensed technologies.
                                                            −   Moreover, commercial licenses that are granted with
                                                                flexibility so that licensees can deploy services most
                                                                beneficial to customers will maximize scarce spectrum
                                                                resources.
                                                            −   Finally, the Commission should promote market-based
                                                                spectrum rules to maximize spectrum for wireless broadband.
Data Sought on Uses of        TIA Comments   TIA Comments   −   The Commission’s examination of existing spectrum usage is
Spectrum                      Submitted:                        crucial, given the recognized wireless broadband spectrum
                              December 21,                      shortfall our nation faces as demand for terrestrial wireless
(NBP Public Notice #26),      2009                              broadband continues to dramatically increase.
Public Notice, DA 09-2518                                   −   With effective spectrum management policies that make
(rel. Dec. 2, 2009) (Public                                     sufficient spectrum available for wireless broadband, the
Notice 26)                                                      skyrocketing demand for wireless broadband data services,
                                                                applications, and devices will provide a boon to our nation’s
                                                                economy. Similarly, wireless network infrastructure
                                                                investment could rebound with the availability of new services
                                                                and greater opportunities for cutting-edge network
                                                                deployment.
                                                            −   The Commission must examine technologies and
                                                                methodologies that can maximize existing spectrum used for
                                                                broadcasting and other purposes that serve the public interest
                                                                and simultaneously increase spectrum availability for
                                                                commercial services..




                                                                                                                         148
           Issue                     Date             Links                                      Summary
Spectrum,                     NPRM and NOI:     FCC NPRM and NOI   −   NPRM proposes allowing Fixed Service (FS) operations to
Wireless Backhaul             Adopted: August                          share certain spectrum bands currently used by the Broadcast
                              5, 2010                                  Auxiliary Service (BAS) and the Cable TV Relay Service
(WT Docket Nos. 10-153, 09-                                            (CARS), and proposes to more fully accommodate
106, 07-121)                                                           broadcasters’ spectrum needs by permitting greater access to
                                                                       spectrum by eliminating the “final link” rule that prohibits
                                                                       broadcasters from using FS stations as the final radiofrequency
                                                                       (RF) link in the chain of distribution of program material to
                                                                       broadcast stations.
                                                                   −   NPRM proposes to allow temporary operations below the Part
                                                                       101 minimum payload capacity under certain circumstances,
                                                                       which will enable FS links particularly long links in rural areas
                                                                       in order to maintain critical communications during periods of
                                                                       fading.
                                                                   −   NPRM proposes to permit greater reuse of scarce microwave
                                                                       resources, which may permit more efficient use of the
                                                                       spectrum at substantially reduced cost. Specifically, seeks
                                                                       comment on permitting FS licensees to coordinate and deploy
                                                                       multiple links: a primary link and “auxiliary” links.
                                                                   −   NOI seeks comment on whether lowering the current
                                                                       efficiency standards in rural areas would lower costs
                                                                       associated with providing backhaul service.
                                                                   −   NOI seeks comment on whether to review the antenna
                                                                       standards in any particular band to allow smaller antennas, to
                                                                       identify opportunities to facilitate increased deployment of FS
                                                                       facilities without subjecting other licensees to increased
                                                                       interference.
                                                                   −   NOI seeks comment on whether we should examine any
                                                                       additional modifications to the Part 101 rules, or other policies
                                                                       or regulations, to promote flexible, efficient and cost-effective
                                                                       provisions of wireless backhaul service.
                              TIA Comments      TIA Comments
                                                                   −   TIA strongly supports the Commission’s efforts as reflected in

                                                                                                                                    149
Issue          Date               Links                                 Summary
        Filed: October 25,                    this proceeding and the National Broadband Plan to make
        2010                                  wireless backhaul service robust, efficient, and-cost effective.
                                          −   To meet these goals, the Commission should develop flexible
                                              policies when they will increase backhaul reliability and
                                              decrease cost. Thus, the Commission should amend its rules to
                                              allow adaptive modulation so that Fixed Service (FS) links can
                                              maintain during atmospheric fades.
                                          −   TIA opposes the Wireless Strategies, Inc. (WSI) proposal to
                                              allow FS licensees to coordinate primary and multiple
                                              auxiliary links. Such an allowance will result in increased
                                              interference and congestion to longer point-to-point FS
                                              microwave links, particularly in the 6 GHz band and the 11
                                              GHz band used by public safety.
                                          −   The Commission should consider harmonizing its approach to
                                              the 28 GHz Local Multipoint Distribution Service (LMDS)
                                              with the proposals of Radio Advisory Board of Canada
                                              (RABC) to create market dynamics in for wireless backhaul in
                                              a band that is not fully utilized.

        FCC PN               FCC PN       −   The FCC seeks further input on several issues raised in last
        Released: June 7,    Maps             year’s NPRM and NOI on removing regulatory barriers to the
        2011                                  use of spectrum for wireless backhaul and other point-to-point
                                              and point-to-multipoint communications
                                          −   WTB has conducted further analysis of the 6875-7125 MHz (7
                                              GHz Band) and 12700-13200 MHz (13 GHz band) GHz, and
                                              has produced several national and regional maps which show
                                              related existing operations.
                                          −   More detail is requested on sharing possibilities in 7 and 13
                                              GHz bands currently used by the Broadcast Auxiliary Service
                                              (BAS) and the Cable TV Relay Service (CARS). The PN also
                                              asks a number of questions about the possibility of reserving a
                                              portion of these bands exclusively for BAS and CARS use.
                                          −   In the area of channelization plans, a maximum channel

                                                                                                          150
Issue   Date   Links                                 Summary
                           bandwidth of 25 megahertz is proposed for FS in the 7 and 13
                           GHz, and specific band plans are offered. Comment is also
                           sought on the appropriate coordination procedures for FS use
                           in 7 and 13 GHz.
                       −   the FCC asks whether Section 101.141(a)(5)’s exemption from
                           capacity and loading requirements of 101.141(a)(2-3) would
                           address concerns over whether proposed rule changes would
                           prohibit intercity relays from relatively further electronic news
                           gathering sites.
                       −   Comments are due June 27, 2011 and should be filed under
                           WT Docket No. 10-153




                                                                                        151
             Issue                    Date               Links                                   Summary
Spectrum,                       FCC Notice of      FCC NPRM       −   Proposes to add new allocations for fixed and mobile services
Allocations, Channel Sharing    Proposed                              in the U/V Bands to be co-primary with the existing
and Improvements to the VHF     Rulemaking                            broadcasting allocation in those bands.
in Broadcast Television Bands   Adopted and                       −   Proposes to establish a framework that permits two or more
                                Released                              television stations to share a single six-megahertz channel,
(ET Docket No. 10-235)          November 30,                          thereby fostering efficient use of the U/V Bands.
                                2010                              −   Considers approaches to improve service for television
                                                                      viewers and create additional value for broadcasters by
                                                                      increasing the utility of the VHF bands for the operation of
                                                                      television services.
                                                                  −   Comments are due March 18, 2011; reply comments are due
                                                                      April 18, 2011.

                                TIA Comments       TIA Comments   −   TIA fully supports the Commission’s continued goal of
                                Filed: March 18,                      maximizing efficient use of our nation’s finite spectrum
                                2011                                  resource in all bands, including the UHF and VHF frequency
                                                                      bands that are currently used by broadcast television service.
                                                                  −   TIA strongly supports the National Broadband Plan’s goal of
                                                                      repurposing up to 120 MHz of spectrum from the U/V Bands
                                                                      for new wireless broadband uses through voluntary incentive
                                                                      auctions, and we appreciate the FCC’s initiation of this
                                                                      proceeding to lay the foundation for implementing this goal.
                                                                  −   TIA supports Congress granting the Commission the authority
                                                                      needed to conduct voluntary incentive auctions.
                                                                  −   TIA fully supports the Commission’s proposal to add new
                                                                      allocations for fixed and mobile services in the U/V Bands to
                                                                      be co-primary with the existing broadcast allocation in the
                                                                      bands.
                                                                  −   TIA agrees that, to free up spectrum for mobile broadband and
                                                                      to provide broadcasters opportunities to reduce costs,
                                                                      broadcasters should be allowed the opportunity to share 6
                                                                      MHz channels.


                                                                                                                                152
            Issue                    Date               Links                                 Summary
                                                                −   TIA urges that, to the extent the Commission uses case-by-
                                                                    case analyses when determining whether loss of broadcast
                                                                    service is in the public interest, the Commission takes into
                                                                    consideration the enormous benefits to the public of increased
                                                                    availability of spectrum for mobile broadband.
Spectrum,                      FCC Notice of      FCC NPRM      −   Proposes to eliminate the need for universities and researchers
Part 5 Experimental Licenses   Proposed                             to obtain prior authorization before conducting individual
                               Rulemaking                           experiments.
(ET Docket Nos. 10-236 and     Adopted and                      −   Proposes to allow researchers to conduct tests in specified
06-105)                        Released:                            geographic locations with pre-authorized boundary conditions
                               November 30,                         through the creation of new “innovation zones.”
                               2010                             −   Proposes to create a medical experimental authorization that
                                                                    would be available to qualified hospitals, Veterans
                                                                    Administration (VA) facilities, and other medical institutions.
                                                                −   Proposes broadening opportunities for market trials by revising
                                                                    and consolidating FCC rules.
                                                                −   Proposes consolidating and streamlining existing rules and
                                                                    procedures and making targeted modifications to our rules and
                                                                    procedures.
                                                                −   Comments are due March 10; reply comments are due April
                                                                    11.

                                                                −   TIA supports the Commission’s goal of reforming rules
                               TIA Comments       TIA Comment
                                                                    governing experimental license rules in this matter, and
                               Filed: March 10,
                                                                    believes this is an excellent stride toward driving innovative
                               2011
                                                                    spectrum use in the United States.
                                                                −   TIA urges the Commission to consider including for-profit
                                                                    entities for eligibility under its proposed blanket program
                                                                    experimental license process.
                                                                −   Even if the Commission does not extend the experimental
                                                                    license rules to for-profit entities, the Commission should
                                                                    clarify that such entities are eligible under the “innovation


                                                                                                                                 153
           Issue               Date              Links                                 Summary
                                                             zone” license proposal and allow for experimentation without
                                                             preapproval from allocated licensees in order to streamline the
                                                             process as much as possible.
                                                         −   TIA also urges the Commission to ensure that adequate
                                                             protection is afforded to primary and secondary licensees.
                                                         −   TIA also urges the Commission to modify its rules to allow for
                                                             devices operating under Section 2.803 licenses to be tested in
                                                             residential settings.
                                                         −   TIA supports Commission efforts in the NPRM to permit the
                                                             limited marketing of evaluation kits to increased opportunities
                                                             for experimentation and innovation, and asks that sale of such
                                                             kits be conditioned on appropriate notice that limits their use
                                                             by engineers and technical personnel to evaluating circuit
                                                             components and/or test devices.
Spectrum,                FCC Notice of     FCC NOI       −   Seeks comment on the current state of development of
Dynamic Use of Radio     Inquiry Adopted                     dynamic spectrum access technologies, including the technical
Spectrum                 and Released:                       developments that affect the design and operation of dynamic
                         November 30,                        radios.
(ET Docket No. 10-237)   2010                                − Specifically, seeks comment on the development of
                                                                  spectrum sensing and other dynamic spectrum sharing
                                                                  capabilities and techniques.
                                                         −   Seeks comment on ways in which the FCC can help promote
                                                             the development of these technologies for use on both a
                                                             licensed and an unlicensed basis.
                                                         −   Seeks comment on whether there are additional steps we
                                                             should take to improve the “Spectrum Dashboard.”
                                                         −   Seeks comment on how spectrum used through secondary
                                                             market arrangements could employ dynamic spectrum access
                                                             radios and techniques.
                                                         −   Seeks comment on establishment of dynamic access radio test
                                                             beds and on spectrum bands that might be suitable for dynamic
                                                             spectrum access.


                                                                                                                        154
Issue         Date              Links                               Summary
                                        −   Seeks comment on whether the database access model
                                            applicable to unlicensed Television Band Devices might be
                                            deployed in other spectrum bands.
                                        −   Comments are due February 28, 2011; reply comments are due
                                            March 28, 2011.

                                        −   TIA strongly urges the Commission to continue adopting
        TIA Comment       TIA Comment       policies and rules that maintain the principle of protecting
        Filed: February                     services in primary licensees’ allocations.
        28, 2011                        −   TIA believes that regulatory focus is needed on meeting the
                                            spectrum demands of the industry in the designated timeframe,
                                            and should not be reliant upon as-yet unproven technical
                                            capabilities for near-term solutions whether DSA or other
                                            technologies and techniques.
                                        −   If sharing policies associated with dynamic spectrum access
                                            (DSA) are adopted, TIA urges that the Commission avoid a
                                            “one-size-fits-all” policy approach that does not take into
                                            account the unique services provided in various spectrum
                                            bands as well as the characteristics of different frequency
                                            bands.
                                        −   There are still many uncertainties concerning regulatory and
                                            business aspects of such new models. Therefore, TIA supports
                                            a broad, multi-factor analysis for any sharing arrangements,
                                            especially those supporting emergency and real-time services,
                                            so that sharing arrangements tailored to the services and
                                            frequency bands are adopted.
                                        −   Some uses and services are unlikely candidates for spectrum
                                            sharing.
                                        −   TIA strongly urges the Commission to develop policies on
                                            existing or new sharing technologies based upon avoiding
                                            interference and ensuring technological and operational
                                            feasibility.


                                                                                                     155
           Issue                   Date                Links                                 Summary
                                                               −   Creating a successful sharing environment is determined by
                                                                   consideration of many factors, including the economic model,
                                                                   whether spectrum can be used nationwide, whether limitations
                                                                   are in significant markets, whether the considered spectrum is
                                                                   valuable enough to warrant innovation, is adjacent to or
                                                                   complements existing bands/services, is contiguous in large
                                                                   blocks, and is suitable for mobility.
Spectrum,                    FCC Public         FCC PN         −   The FCC has issued a Public Notice seeking comment on the
“Substantial Disadvantage”   Notice Released:                      recommendations of the Advisory Committee on Diversity for
Competitive Bidding Credit   December 2, 2010                      Communications in the Digital Age for the Commission to
                                                                   design and implement a new preference program in its
(GN Docket No. 10-244)                                             competitive bidding process that would provide a credit to
                                                                   “persons or entities who have overcome substantial
                                                                   disadvantage.”
                                                               −   The FCC seeks comment on authority, administration, and
                                                                   eligibility issues.
                                                               −   Comments are due 40 days after publication in the Federal
                                                                   Register; reply comments are due 60 days after publication.
Spectrum,                    Rural Telecom.     RTG Filing     −   The Rural Telecommunications Group (RTG) submitted a
Spectrum Cap Proposal        Group Filing                          filing with the FCC opposing the transfer of six Lower 700
                             Submitted:                            MHz Band C Block licenses in rural Pennsylvania from
(RM No. 11498, RM No.        January 21, 2011                      Windstream to AT&T.
11497, RM No. 11592, WT                                        −   In its filing, RTG urged FCC action to impose spectrum caps
Docket No. 05-265)                                                 broadly.
                                                               −   RTG also stated that, should the FCC approve the proposed
                                                                   AT&T-Windstream transaction, it should approve the
                                                                   proposal:
                                                                   − Solely in markets where, post-transaction, AT&T will
                                                                        control less than 110 megahertz of total spectrum below
                                                                        2.3 GHz;
                                                                   − Upon condition that all devices technologically compatible
                                                                        with the Lower 700 MHz Band work on all frequencies


                                                                                                                             156
Issue         Date                  Links                                Summary
                                                    within that band;
                                                −   While prohibiting all device manufacturers and carriers
                                                    from entering into exclusivity agreements “which
                                                    effectively deny consumers the ability to purchase highly
                                                    sought after mobile broadband devices and smartphones
                                                    and use them on the mobile carrier of their choice.”
                                                −   While extending existing automatic roaming obligations to
                                                    data services “so that mobile consumers have the ability to
                                                    roam outside of their carrier’s native network and enjoy
                                                    3G and 4G services without purchasing a second device or
                                                    being forced to initiate service on a nationwide mobile
                                                    operator such as AT&T or Verizon Wireless.”
        TIA Ex Parte         TIA Ex Parte
        Filed: February 9,                  −   TIA reaffirmed its strong opposition to resurrection of
        2011                                    spectrum caps as proposed by RTG.
                                            −   RTG has repeated its antiquated argument that, by actually
                                                limiting the amount of bandwidth carriers may use to meet
                                                demands of consumers, the American public will somehow
                                                benefit. In its demand for a return to failed spectrum cap
                                                policies, RTG ignores the widely-accepted fact that, to serve
                                                the public’s skyrocketing demand for wireless bandwidth,
                                                carriers must aggregate spectrum.
                                            −   The Commission’s current spectrum screen method, which the
                                                Commission uses when reviewing competition in the mobile --
                                                and now wireless broadband -- product market, has worked
                                                and will continue to do so in the 4G market. RTG has failed to
                                                articulate why a reversal of this policy is either necessary to
                                                protect consumers or would be any more effective now than it
                                                was prior to its elimination in 2003.




                                                                                                           157
             Issue                     Date              Links                               Summary
Spectrum,                       FCC Notice of      FCC NPRM      −   The FCC adopted a NPRM on ways to expand the efficient use
Improving Communications        Proposed                             of spectrum over Tribal lands so as to improve access to
Services for Native Nations     Rulemaking                           mobile wireless communications, which will provide
by Promoting Greater            Adopted and                          consumers with more choices on how they communicate, share
Utilization of Spectrum over    Released: March                      information and get their news.
Tribal Lands                    3, 2011                          −   Comment is due 45 days after publication in the Federal
                                                                     Register; reply comments are due 75 days after comment in the
WT Docket No. 11-40                                                  Federal Register.

Spectrum,                       FCC Public         FCC PN        −   The FCC has released a Public Notice requesting comment on
Spectrum Task Force Request     Notice Released:                     how to most efficiently bring about wireless broadband
for Information on the use of   March 8, 2011                        deployment in the bands 1695-1710 MHz and 3550-3650
the 1695-1710 and 3550-3650                                          MHz, as well as on the 1755-1850 MHz, 4200-4220 MHz and
MHz Bands for Broadband                                              4380-4400 MHz, and other bands flagged by NTIA in October
Use                                                                  2010 for analysis.
                                                                 −   Specific questions:
ET Docket No. 10-123                                                  − How do the technical assumptions upon which NTIA
                                                                          based its analyses affect how broadband services could be
                                                                          deployed in each band?
                                                                      − How do the conditions placed on the bands (e.g.,
                                                                          exclusion zones) affect their usefulness for broadband
                                                                          deployment?
                                                                      − What types of broadband technologies could be deployed
                                                                          in these bands and is equipment readily available?
                                                                      − Does this equipment meet the technical assumptions in
                                                                          NTIA’s analyses? If not, how would the use of different
                                                                          technologies affect the availability of each band for
                                                                          broadband use?
                                                                      − Will future broadband services require paired spectrum
                                                                          bands and, if so, what are the most suitable band pairings
                                                                          for the spectrum identified by NTIA? If the spectrum
                                                                          identified by NTIA is not paired, what broadband
                                                                          technologies might be deployed?

                                                                                                                                158
Issue          Date              Links                                 Summary
                                              −    Could broadband services share use of each band with
                                                   Federal users and what techniques would be most
                                                   effective for sharing (e.g., coordination in time,
                                                   geography, or policy, and / or the use of cognitive
                                                   technologies)? If sharing would not be feasible, what
                                                   process should be used to relocate or phase out incumbent
                                                   users (both Federal and non-Federal) and what are
                                                   candidate relocation frequency bands?
                                          −   The PN goes on to discuss each band NTIA has identified for
                                              potential wireless broadband, its current uses, and asks further
                                              band-specific questions.
                                          −   Comment is due on April 22, 2011.

        TIA Comments       TIA Comments   −   In its support of the Administration, NTIA, and the
        Filed: April 22,                      Commission, TIA urges the consideration of a list of technical
        2011                                  criteria that assigns value from a network design perspective.
                                          −   First, the Commission should place a high value on allocations
                                              of wide, contiguous blocks of spectrum.
                                          −   Second, the Commission should support allocations that are
                                              adjacent to like services.
                                          −   Third, the Commission should effect allocations that are
                                              globally harmonized with technical standards.
                                          −   Fourth, in reference to sharing possibilities, TIA urges the
                                              Commission to ensure that it does not employ “one-size-fits-
                                              all” policies that ignore the unique characteristics of varied
                                              bands by comprehensively evaluating each band on a case-by-
                                              case basis, considering such factors as those in the economic,
                                              technological, operational, and regulatory categories.
                                          −   TIA supports the repurposing of the 1675-1710 MHz for
                                              commercial wireless broadband use. TIA urges the
                                              Commission to limit the size of the exclusion zones in this
                                              band in order not to hamper the potential use, with a view for


                                                                                                          159
           Issue                   Date              Links                                 Summary
                                                                 reallocation.
                                                             −   Due to physical characteristics of frequencies above 3 GHz
                                                                 and the difficulty of broadband use in the 4200-4220 MHz,
                                                                 and 4380-4400 MHz bands until 2016 at the earliest, these
                                                                 bands are not an immediate fix to the spectrum crisis
                                                             −   In regard to the 3500-3650 MHz band, TIA again urges the
                                                                 Commission to base exclusion zones on detailed technical
                                                                 analyses to reduce or remove the zones as much as possible.
                                                             −   TIA fully supports the use of the 1755-1850 MHz band for
                                                                 mobile broadband, and encourages NTIA to complete its
                                                                 evaluation as soon as possible.
                                                             −   TIA urges further investigation into the possibility of
                                                                 maximizing the potential for use adjacency benefits by
                                                                 extending the AWS-1 band down to 1675 MHz, and up to the
                                                                 1755-1780 MHz band, with appropriate spectrum pairing.
Spectrum,                    FCC Public         FCC PN       −   The FCC proposed to amend Parts 1, 2, 22, 24, 27, 90 and 95
Use of the 2 GHz Band for    Notice Released:                    of the Commission’s rules to improve wireless coverage
Broadband Use UPDATED        May 24, 2011                        through the use of signal boosters The FCC has released a
                                                                 Public Notice seeking comment on encouraging terrestrial
ET Docket No. 10-142 and                                         mobile broadband use in a number of 2 GHz frequencies, and
WT Docket Nos. 04-356, 07-                                       on technical matters related to band plans.
195                                                          −   Comment is sought on the following bands:
                                                                   − Mobile Satellite Service (MSS) at 2000-2020 MHz and
                                                                       2180-2200 MHz (“2 GHz MSS band” or “S Band”)
                                                                   − AWS-2 upper “H” block spectrum at 1995-2000 MHz
                                                                   − AWS-2 paired “J” block spectrum at 2020-2025 MHz
                                                                       and 2175-2180 MHz
                                                                   − AWS-3 spectrum at 2155-2175 MHz
                                                             −   Comment is also sought on issues related to the voluntary
                                                                 conversion of 2 GHz MSS from Part 25 to Part 27, as well as
                                                                 offering the option of a licensee to return a portion of spectrum
                                                                 for auction in exchange for receiving Part 27 terrestrial 2 GHz


                                                                                                                             160
Issue         Date                 Links                             Summary
                                               MSS rights.
                                           −   Comments are due June 17, and replies are due July 1.

        FCC Public           FCC PN        −   The FCC extended the deadline for input on the topic.
        Notice Released                        Comments are now due July 8, 2011 and Reply Comments are
        June 10, 2011                          due July 22, 2011.

        TIA Comment          TIA Comment   −   The Commission can ensure efficient use and value to 2 GHz
        Submitted: July 8,                     frequencies by reallocating the spectrum as exclusively,
        2011                                   flexibly, and licensed as possible.
                                           −   In examining possibilities for reallocation of these frequencies,
                                               the Commission is strongly encouraged to ensure protection
                                               for existing uses from harmful interference, particularly
                                               between uplink and downlink bands.
                                           −   TIA believes that the Commission should ensure that market
                                               certainty and license values for existing allocations are not
                                               threatened or disadvantaged in any way by new mobile and
                                               fixed broadband allocations, and that a holistic approach that
                                               includes consideration of existing and future pairing
                                               possibilities be considered. TIA believes that through the
                                               further development of the Advanced Wireless Services
                                               (AWS-1) band and by prioritizing the protection of PCS
                                               operations from interference, these goals can best be
                                               accomplished.
                                           −   TIA agrees that existing licensees could, on a voluntary basis,
                                               relinquish their licenses for certain bandwidth in exchange for
                                               a portion of the proceeds from an auction for the new licenses
                                               authorizing terrestrial only services.




                                                                                                            161
            Issue               Date                 Links                                Summary
Spectrum,                 FCC Notice of        FCC NPRM      −   The FCC proposed to amend Parts 1, 2, 22, 24, 27, 90 and 95
Signal Boosters UPDATED   Proposed                               of the Commission’s rules to improve wireless coverage
                          Rulemaking                             through the use of signal boosters.
WT Docket No. 10-4        Adopted: April 5,                  −   Under the proposed rules, fixed and mobile consumer signal
                          2011                                   boosters, not including femtocells, will be allowed to operate
                          Released: April 6,                     under Part 95 with slightly different requirements, and
                          2011                                   registration with a national signal booster clearinghouse would
                                                                 be required.
                                                             −   Existing signal boosters have 30 days from the effective date
                                                                 of these rules become compliant, and devices marketed in the
                                                                 U.S. would have six months.
                                                             −   The NPRM also proposes to alter rules for Part 90 Private
                                                                 Land Mobile Radio (PLMR), non-consumer signal boosters
                                                                 operated by licensees to prevent interference.
                                                             −   Published on May 10; comments will be due on June 24, and
                                                                 replies due by July 25.
                          FCC Public           FCC PN        −   The FCC extended the deadline for Comments on the Signal
                          Notice Released                        Boosters NPRM to July 25, 2011. Reply Comments are now
                          and Adopted: June                      due August 24, 2011.
                          20, 2011

                          TIA Comment          TIA Comment   −   TIA agrees with the Commission that consumers should be
                          Submitted: July
                                                                 permitted to purchase and operate well designed, properly
                          22, 2011
                                                                 operating signal boosters in order to improve wireless
                                                                 coverage.
                                                             −   TIA nevertheless supports the Commission’s proposal to only
                                                                 permit the sale and operation of boosters that meet strict
                                                                 technical criteria designed to prevent interference.
                                                             −   TIA also supports the Commission’s proposal to require
                                                                 consumer signal boosters to automatically shut down within
                                                                 ten seconds if the device begins operating outside of applicable


                                                                                                                            162
          Issue              Date                 Links                                 Summary
                                                              technical parameters.
                                                          −   A requirement that boosters used by public safety must
                                                              automatically shut down if they begin operating outside
                                                              applicable technical parameters would significantly undermine
                                                              improvements to public safety.
                                                          −   The process for licensing and certifying these devices should
                                                              not differ significantly from the process used for handsets and
                                                              other consumer devices that operate on wireless networks.
                                                          −   Signal booster manufacturers should be required to obtain Part
                                                              2 certifications for new signal booster models before they can
                                                              be sold to the public.
                                                          −   Rather than create a new Part 95 Citizens Band Radio Service
                                                              that would be unfamiliar to manufacturers and carriers alike,
                                                              the Commission should declare that properly certified boosters
                                                              may operate on wireless networks pursuant to the blanket
                                                              authorization granted the network operator.
                                                          −   TIA encourages the Commission to require non-licensee
                                                              customers of commercial mobile radio service providers may
                                                              only deploy signal boosters with the express written
                                                              permission of the licensee, and that the maintenance of a list of
                                                              all signal boosters in use by the provider, as well as signal
                                                              boosters which the licensee has authorized by non-licensees.
Spectrum,              FCC Order            FCC Order     −   The Order that requires facilities-based providers of
Data Roaming           Adopted and                            commercial mobile data services to offer data roaming
                       Released: April 7,                     arrangements to other such providers on commercially
                       2011                                   reasonable terms and conditions, subject to certain limitations.
WT Docket No. 05-265                                      −   To resolve any data roaming disputes, parties may file a
                                                              petition for declaratory ruling under Section 1.2 of the
                                                              Commission’s rules or file a formal or informal complaint
                                                              depending on the circumstances specific to each dispute.
                                                          −   Disputes would be resolved on a case-by-case basis taking into
                                                              consideration the unique facts and circumstances in each


                                                                                                                           163
           Issue             Date               Links                                      Summary
                                                                 instance. Commission staff may require both parties to provide
                                                                 their best and final offers.
                                                             −   Published in the Federal Register on May 5; these rules will
                                                                 take effect on June 6, 2011, with the exception of § 20.12(e)(2)
                                                                 which will become effective upon Office of Management and
                                                                 Budget approval
Spectrum,              FCC Public         FCC PN             −   The FCC released a Public Notice (PN) requesting comment
WRC-12 Committee       Notice Released:                          on the Advisory Committee for the 2012 World
Recommendations        April 20, 2011     WRC-12 Committee       Radiocommunication Conference’s (WRC-12 Committee)
                                          Recommendations        recommendations for issues that will be considered during the
                                                                 2012 World Radiocommunication Conference.
IB Docket No. 04-286                                         −   International Bureau has reviewed these recommendations and
                                                                 reached the conclusion that the positions endorsed by the
                                                                 WRC-12 Committee can be generally supported by the
                                                                 FCC. These are not final U.S. Government positions at this
                                                                 time and may change as the FCC, NTIA, and the State
                                                                 Department continue to prepare for WRC-12.
                                                             −   Comments are due April 29, 2011.




                                                                                                                            164
            Issue                   Date             Links                                Summary
Spectrum,                    FCC Notice of     FCC NPRM and   −  The Order allows TETRA technology use with the following
Use of Terrestrial Trunked   Proposed          Order             conditions:
Radio (TETRA) Technology     Rulemaking                         − Operation of TETRA equipment pursuant to this waiver is
                             Adopted: April                         limited to Industrial/Business Pool frequencies in the 450-
WT Docket No. 11-69, ET      18, 2011                               470 MHz band, and 817-824/862-869 MHz Enhanced
Docket No. 09-234            Released: April                        Specialized Mobile Radio (ESMR) frequencies.
                             26, 2011                           − TETRA equipment may not operate on the 800 MHz band
                                                                    channels on which the rules prohibit operation of high
                                                                    density cellular systems.
                                                                − For currently certificated TETRA devices that can be
                                                                    modified to operate with a higher transmitter output power
                                                                    by software upgrade without any hardware change,
                                                                    equipment authorization rules are waived to permit the
                                                                    modification to be treated as a Class II permissive change.
                                                              − The NPRM seeks comment on proposed technical rules to
                                                                 allow operation without interfering with other
                                                                 systems. Proposals/issues comment is sought on:
                                                                − That based on the record, TETRA technology provides
                                                                    sufficient interference protection to other technologies.
                                                                − That Section 90.209(b)(5) be amended to provide that
                                                                    devices which comply with the more stringent TETRA
                                                                    ACP limits may have an authorized bandwidth of twenty-
                                                                    two kilohertz bandwidth on a twenty-five kilohertz channel.
                                                                − That equipment (including TETRA devices) be permitted to
                                                                    comply with the ACP limits in the TETRA standard for
                                                                    emissions close to the carrier, or up to seventy-five
                                                                    kilohertz offset from the carrier?
                                                                − Whether any restriction should be placed on the use of
                                                                    TETRA technology with low elevation, cellular-type
                                                                    architecture.
                                                                − Whether any other rule changes are necessary to permit the
                                                                    certification and use of TETRA equipment, or whether


                                                                                                                           165
Issue          Date                Links                                Summary
                                                   TETRA use should be banned from any particular bands or
                                                   services.
                                                − On the interoperability between systems.
                                              − Comment is due on June 27, and reply comments are due
                                                 August 9.

        TIA Petition for   TIA Petition for   −   TIA filed a Petition for Clarification/Declaratory Ruling to
        Clarification      Clarification          ensure that TETRA equipment is explicitly prohibited from
        Filed:                                    operating within the ESMR Public Safety Frequencies.
        May 26, 2011

        TIA Comment        TIA Comment        −   Further study should be undertaken to ensure that the use of
        Filed: June 27,                           TETRA technology, as proposed, does not result in increased
        2011                                      harmful interference to licensed uses.
                                                  − Studies submitted by the TETRA Association do not
                                                      demonstrate that unacceptable interference with existing
                                                      Land Mobile Radio (LMR) technologies can be
                                                      sufficiently avoided by TETRA equipment that currently
                                                      does not comply with Part 90 rules.
                                                  − TIA believes that, at minimum, TETRA equipment in
                                                      existing and scheduled National Public Safety Planning
                                                      Advisor Committee (NPSPAC) uses in 821-824/866-869
                                                      MHz and 806- 809/851-854 MHz, which are in the process
                                                      of 800 MHz rebanding, should not be allowed until further
                                                      conclusive study demonstrates that interference will not
                                                      occur
                                              −   The FCC should encourage TETRA channelization plans to be
                                                  standardized across the United States
                                                  − The most streamlined and cost-efficient way for the
                                                      Commission to accomplish this goal is to encourage
                                                      TETRA technology integration via the thriving voluntary
                                                      and consensus-based standard development system


                                                                                                             166
           Issue                   Date              Links                                    Summary
                                                                   −    The FCC must ensure that in promoting narrowband
                                                                        interoperability, a comprehensive approach that is
                                                                        inclusive of all affected infrastructure and users is taken
                                                               −   TIA believes that through existing voluntary and consensus-
                                                                   based processes – which will naturally include detailed study
                                                                   to ensure interference mitigation and interoperability – the
                                                                   goals of the Commission in the TETRA NPRM can be realized
Spectrum,                     Fourth Further   FCC 4th FNPRM   −    The FCC has released a Fourth Further Notice of Proposed
Amendment of Parts 1, 21,     NPRM Adopted:                         Rulemaking on changing out-of-band-emissions (OOBE) to
73, 74 and 101 of the         May 24, 2011                          allow wider bandwidths for Broadband Radio Service (BRS)
Commission’s Rules to         Released:                             and Educational Broadband Service (EBS) devices operating
Facilitate the Provision of   May 27, 2011                          in the 2496-2690 MHz band.
Fixed and Mobile Broadband                                     −    This FNPRM entertains the petition filed by WCAI in October
Access, Educational and                                             of last year that requested changing OOBE limits in these
Other Advanced Services in                                          frequencies to allow for 20 MHz and wider bandwidths,
the 2150-2162 and 2500-2690                                         argued to be necessary due to difficulty in designing
MHz Bands UPDATED                                                   smartphone devices with small form factors that can use 20
                                                                    megahertz channels and meet the current OOBE requirements.
WT Docket No. 03-66, RM-                                       −    Comment is sought on whether proposed changes would
11614                                                               increase interference in the 2.5 GHz band, and if any further
                                                                    action would be needed to mitigate it, specifically in relation
                                                                    to the MSS and BAS bands, but in all adjacent bands as well.
                                                               −    The Commission notes stakeholder disagreement on whether
                                                                    the proposed changes would increase interference below 2495
                                                                    MHz, and tees up the proposal for a fixed limit on OOBEs
                                                                    below 2495 MHz or above 2690 MHz in order to protect
                                                                    adjacent bands.
                                                               −    Finally, comment is also sought on whether the proposed
                                                                    changes from WCAI, which come from 3GPP standards
                                                                    currently under development, would be consistent with
                                                                    WIMAX2, currently under development within IEEE, and
                                                                    other standards.


                                                                                                                              167
            Issue                  Date                 Links                             Summary
                                                                 −   Comments are due July7, 2011 and Reply Comments are due
                                                                     Jul 22, 2011.

                             TIA Comments         TIA Comments   −   The design of smartphones using 20 MHz channel bandwidths
                             Submitted: July 7,                      that comply with current OOBE limits for 10 MHz channels is
                             2011                                    indeed difficult for manufacturers, and it is not realistic to
                                                                     comply with the existing U.S. OOBE simply by component
                                                                     alterations.
                                                                 −   TIA stresses that the Commission should ensure that it
                                                                     provides all affected licensees necessary protection from
                                                                     harmful interference, particularly uses that involve the
                                                                     protection of health, life and property.
Spectrum,                    DOT RFI              DOT RFI        −   The Department of Transportation’s (DOT) Research and
Intelligent Transportation   Filed: May, 11,                         Innovative Technology Administration (RITA) will publish a
Systems R&D (DoT)            2011                                    request for information (RFI) on their use of $100 million for
                             Published: May                          wireless innovation R&D opportunities in surface
                             12, 2011                                transportation. DOT is calling this the “WIN for
                                                                     Transportation Program.”
                                                                 −   WIN for Transportation aims to improve existing ITS and to
                                                                     “develop and demonstrate innovative wireless transportation
                                                                     applications that deliver safety, mobility, emergency response,
                                                                     energy, and/or environmental benefits to both passenger, fleet
                                                                     and freight transportation systems.”
                                                                 −   Public and private laboratories will be used to develop
                                                                     wireless broadband “fast lanes” for transportation applications
                                                                     across the country.
                                                                 −   DOT will coordinate deployments with state authorities,
                                                                     public safety stakeholders, and other Federal agencies to
                                                                     ensure that infrastructure is placed in appropriate areas.
                                                                 −    A further priority under WIN for Transportation is to
                                                                     decrease distracted driving and reduce driver workload.
                                                                 −   DOT welcomes general comment, but lists 12 detailed


                                                                                                                                168
Issue          Date             Links                                 Summary
                                            questions that it is seeking input on.
                                        −   Comment is due on June 13, 2011.
        TIA Comment       TIA Comment
        Filed: June 13,                 −   Building an intelligent transport system is complex and will
        2011                                depend heavily on much more pervasive integration of ICT
                                            with existing transport infrastructure, vehicle fleets and the
                                            travelers themselves.
                                        −   TIA recommends research to study and verify mechanisms for
                                            allowing clear separations between such different application
                                            categories in order to permit proper prioritization and friendly
                                            co-existence whilst sharing some common radio or systems
                                            resources.
                                        −   TIA recommends that extensive simulation studies should be
                                            performed to understand which application classes could co-
                                            exist with each other, how system resources might get
                                            impacted by each of these classes, and what additional system
                                            data processing and communication control mechanisms are
                                            required to consolidate ITS data messages to cope with
                                            limited system resources without compromising on the
                                            information quality delivered.
                                        −   TIA recommends that standardization bodies and
                                            policymakers work to ensure global and interoperable
                                            deployments of fundamental data communications for ITS
                                            safety applications, vehicle and system platforms.
                                        −   Applying LTE standards as a default communication platform
                                            for ITS services can provide interoperable communication
                                            solutions for the ITS community and foster development of
                                            various new applications that can interoperate with emergency
                                            response and dispatch personnel
                                        −   TIA proposes research, prototype and live testing of an open
                                            and distributed ITS data exchange network to provide open,
                                            real-time, anonymous traffic, and travel condition data. This
                                            open data exchange network shall constitute a well protected

                                                                                                        169
            Issue                      Date                Links                                 Summary
                                                                       networked cluster of ITS Service Providers and data
                                                                       communication network providers
                                                                   −   Research work needs to be conducted on the use of relays to
                                                                       densify the network so that roadside base stations that can
                                                                       more effectively handle ITS applications will naturally be
                                                                       available as the network grows to handle traffic expansion
                                                                       from other areas
                                                                   −   The goal of the US DOT should be to develop technologies
                                                                       that incur the least possible cost to the consumer at greatest
                                                                       economic benefit
Spectrum,                        FCC 2nd Report       FCC R&O      −   The R&O adopt rules to mitigate space path interference
The Establishment of Policies    and Order                             between the 17/24 GHz Broadcasting-Satellite Service (BSS)
and Service Rules for the        Released: June 14,                    space-to-Earth transmissions and the feeder link receiving
Broadcasting-Satellite Service   2011                                  antennas of Direct Broadcast Satellite Service (DBS) space
at the 17.3-17.7, 17.7-17.8,                                           stations that operate in the same frequency band.
and 24.75-25.25 GHz                                                −   Adopts an off-axis power flux density coordination trigger for
Frequency Bands                                                        17/24 GHz BSS space stations
                                                                   −   Requires a minimum orbital separation requirement of 0.2º
(IB Docket No. 06-123)                                                 between 17/24 GHz BSS space stations and DBS space
                                                                       stations
                                                                   −   Places bounds on orbital inclination and eccentricity of 17/24
                                                                       GHz BSS space stations
                                                                   −   Requires 17/24 GHz BSS space station applicants to file
                                                                       predicted and measured transmitting antenna off-axis gain
                                                                       information
                                                                   −   Adopts procedures to enable pending applicants and existing
                                                                       authorization holders to file relevant information related to
                                                                       these rules
                                                                   −   The rules adopted in this R&O will become effective 30 days
                                                                       after publication in the Federal Register
Spectrum,                        FCC PN               FCC PN       −   The FCC issued a Public Notice seeking comment on the
LightSquared-USGIC               Released: July 5,                     LightSquared-United States Global Positioning System


                                                                                                                                 170
           Issue                   Date                Links                                        Summary
Technical Working Group     2011                LightSquared WG         −  Industry Council (USGIC) report addressing interference
Report UPDATED                                  Report                     issues between L-band mobile broadband uses and GPS.
                                                                        − As part of this report, LightSquared has offered to:
(IB Docket No. 06-123)                                                    − Operate at lower power than permitted by its existing FCC
                                                                               authorization;
                                                                          − Agree to a “standstill” in the terrestrial use of its upper 10
                                                                               MHz frequencies immediately adjacent to the GPS band;
                                                                               and
                                                                          − Commence terrestrial commercial operations only on the
                                                                               lower 10 MHz portion of its spectrum and to coordinate
                                                                               and share the cost of underwriting a workable solution for
                                                                               the small number of legacy precision measurement devices
                                                                               that may be at risk.
                                                                          − Comments are due by July 30; reply comments are due
                                                                               August 15.
Universal Service
Universal Service,          R&O Adopted:        FCC R&O                 −    The FCC R&O adopts interim revisions for assessing
Contribution Methodology    June 21, 2006                                    contributions to federal USF.
                            Released:                                   −    Raises the existing wireless “safe harbor” percentage used to
(WC Docket No. 06-122, CC   June 27, 2006                                    estimate interstate revenue from 28.5 percent to 37.1 percent.
Docket No. 96-45, etc.)                                                 −    Expands the base of USF contribution by extending universal
                                                                             service contribution obligations to providers of interconnected
                                                                             voice over Internet Protocol (VoIP).
                                                                        −    Establishes a 64.9 percent safe harbor percentage of interstate
                                                                             revenue of total VoIP service revenue.
Universal Service,          Recommendations     CAC Filing with Joint   −    The CAC’s Broadband Working Group recommended the
Consumer Advisory           Filed with Joint    Board                        following to the Joint Board in regards to the Lifeline and
Committee (CAC)             Board: August 11,                                Link-up Programs:
Lifeline/Link-up Program    2010                                            − Broadband be included in the Lifeline and Link-up
Recommendations                                                                  programs.
                                                                            − The Lifeline and Link-up programs should modernize
                                                                                 using pilot projects based on adequate research.

                                                                                                                                        171
            Issue                 Date               Links                                    Summary
                                                                     −  In the areas of eligibility, verification, and enrollment:
                                                                     −  The minimum eligibility level above the poverty line
                                                                        should be raised from 135% to 150%.
                                                                   − Federal programs that are not included in Lifeline and
                                                                        Link-up that could be used to identify eligible consumers
                                                                        should be included.
                                                                   − Homeless shelters should be added to the Lifeline and
                                                                        Link-up programs. The Commission should review the
                                                                        “one household” definition under the programs and work
                                                                        with homeless shelters on best practices.
                                                                   − Improved outreach can be made to eligible consumers
                                                                        through public-private cooperation and implementing best
                                                                        practices from other government agencies.
                                                                   − The Commission should attempt to examine enforcement
                                                                        authority over community outreach for the Lifeline and
                                                                        Link-up programs while ensuring that states’ outreach
                                                                        programs are not infringed upon.
                                                                   − The Commission should make all efforts to avoid fraud,
                                                                        waste, and abuse in these programs.
Universal Service,          Recommend.         Joint Board       − The Joint board recommends that the FCC impose an interim,
Joint Board                 Adopted:           Recommendations      emergency cap on the amount of high-cost support that
Recommendations             April 26, 2007                          competitive eligible carriers may receive for each state based
                            Released:                               on the average level of support distributed in that state.
(WC Docket No. 05-337, CC   May 1, 2007                          − Recommends comprehensive high-cost distribution reform,
Docket No. 96-45)                                                   including the elimination of the Identical Line Support rule.

                            Order Adopted:     FCC Order         −   FCC released an order imposing an interim cap on
                            April 29, 2008                           Competitive Local Exchange Carriers.
                            Released: May 1,                     −   Total annual competitive ETC support for each state will be
                            2008                                     capped at the level ETCs were eligible to receive during
                                                                     March 2008 on an annualized basis.



                                                                                                                              172
Issue          Date               Links                                  Summary
        TIA Ex Parte       TIA Ex Parte
        Filed: November                      −   TIA filed an Ex Parte letter urging the FCC to accept the Joint
        28, 2008                                 Board’s recommendations to transition the High Cost Fund to
                                                 include support for broadband.
        Joint Board        Joint Board
        Recommendations    Recommendations   −   The Joint Board recommended that:
        Released:                                − The Commission encourage automatic enrollment as a best
        November 4, 2010                            practice for all states.
                                                 − The Commission adopt uniform minimum verification
                                                    procedures and sampling criteria that would apply to all
                                                    eligible telecommunications carriers (ETCs) in all states.
                                                 − States be allowed to utilize different and/or additional
                                                    verification procedures so long as these procedures are at
                                                    least as effective in detecting waste, fraud, and abuse as
                                                    the uniform minimum required procedures.
                                                 − All ETCs in all states be required to submit the data results
                                                    of their verification sampling to the Commission, the
                                                    states, and the Universal Service Administrative Company
                                                    (USAC) and that the results be publicly available.
                                                 − The Commission adopt mandatory outreach requirements
                                                    for all ETCs that receive low-income support.
                                                 − The Commission maintain advisory guidelines for states
                                                    with respect to performing low-income outreach.
                                                 − That the Commission seek further comment on universal
                                                    service low-income program issues, including:
                                                     − Whether the current eligibility requirement of
                                                          household income at or below 135 percent of the
                                                          federal poverty guidelines (FPG) should be raised to
                                                          150 percent for the existing Lifeline and Link Up
                                                          programs.
                                                     − The potential impact, costs, and benefits of minimum
                                                          uniform eligibility requirements; and the costs and


                                                                                                            173
            Issue                  Date                Links                                       Summary
                                                                                   benefits of database certification and verification of
                                                                                   low-income consumers’ eligibility.
                                                                          − That the Commission adopt a new principle stating that
                                                                             support from the Universal Service Fund should be
                                                                             directed, where possible, to networks that are providing
                                                                             both broadband and voice services.
Universal Service,          NPRM Adopted:       FCC NPRM              −   Seeks comments on the FCC rules governing the amount of
Identical Support Rule,     January 9, 2008                               high-cost universal support provided to Competitive Eligible
NPRM                        Released: January                             Telecommunications Carriers (CETC’s).
                            29, 2008                                  −   Tentatively concludes that it will eliminate the “identical
(WC Docket No. 05-337, CC                                                 support”–which provides CETC’s with the same per-line
Docket No. 96-45)                                                         support that ILEC’s receive.
Universal Service,          NPRM Adopted:       FCC NPRM              −   Seeks comment on the merits of using reverse auctions to
Reverse Auctions, NPRM      January 9, 2008                               determine the amount of high-cost universal service support
                            Released: January                             provided to ETC’s serving rural, insular, and high-cost areas.
(WC Docket No. 05-337, CC   29, 2008                                  −   Tentatively concludes the reverse auctions offer several
Docket No. 96-45)                                                         potential advantages over current distribution mechanisms.
Universal Service,          Petition Filed:     Nebraska and Kansas   −   Petition seeks a declaratory ruling that the FCC has not
Kansas and Nebraska PSC     July 16, 2009       PSC Petition              preempted states from asserting state universal service charges
Petitions                                                                 on VoIP services.

(WC Docket No. 06-122)      Petition Filed:     Nebraska PSC          −   The Nebraska Commission requested that health care
                            July 26, 2010       Petition                  providers who will no longer qualify under the changed the
                                                                          definition of “rural” in the support mechanism be permanently
                                                                          grandfathered so that they continue to be eligible for rural
                                                                          health care support.
                                                                      −   While currently grandfathered until June 30, 2011, Nebraska
                                                                          would lose funding for three hub hospitals and one endpoint
                                                                          (which in turn support 22 backbone lines for 32 rural eligible
                                                                          hospitals and 8 health departments), totaling $223,000/year.

                            PN Released:        FCC PN                −   Seeks comment on the petition filed by the Nebraska Public
                            August 13, 2010

                                                                                                                                    174
          Issue                   Date                  Links                                  Summary
                                                                       Service Commission to permanently grandfather rural health
                                                                       care providers that would not be eligible for universal service
                                                                       support after June 30, 2011, absent Commission action.
                            Letter Filed:       TIA et al Letter
                            August 5, 2010                         −   TIA et al filed a letter with the FCC requesting that it does not
                                                                       depart from settled precedent in the Vonage order that states
                                                                       do not have authority to regulate entry, rates, and other terms
                                                                       and conditions of VoIP services.
                            Amendment Filed: NPSC and KCC
                            September 14,    Petition Amendment    −   NPSC KCC filed an amendment to their Petition requesting
                            2010                                       that the declaratory relief be applied with prospective relief
                                                                       only, and not retroactively.

                            FCC Declaratory     FCC Declaratory    −   The declaratory ruling petition of the Kansas/Nebraska Public
                            Ruling Released:    Ruling                 Service Commissions to assess state universal service fund
                            November 5, 2010                           charges on future intrastate revenues of providers of nomadic
                                                                       VoIP was granted.
                                                                   −   This order is prospective only, and state USF program
                                                                       contribution methodologies must be consistent with the
                                                                       federal USF program, or they could be found to be preempted.
                                                                   −   The FCC also notes that this order prejudices FCC authority to
                                                                       adopt a different approach in the context of broader USF
                                                                       reform.
Universal Service,          NPRM Adopted:       FCC NPRM           −   Seeks comment on recommendations (submitted to the FCC in
Broadband Fund,             January 9, 2008                            May and Nov. 2007) of the Federal-State Joint Board on
Comprehensive NPRM          Released: January                          Universal Service regarding comprehensive reform of high-
                            29, 2008                                   cost universal service report.
(WC Docket No. 05-337, CC                                          −   Proposes reforming the high-cost fund to include three
Docket No. 96-45)                                                      separate support funds: (1) Broadband Fund; (2) Mobility
                                                                       Fund; and (3) Providers of Last Resort (POLR).

                            TIA Submitted       TIA COMMENTS       −   TIA comments support the creation of a Broadband Fund that
                            Comments: April

                                                                                                                                    175
Issue          Date                Links                                     Summary
        17, 2008                                    is technology and competitively-neutral.
                                                −   If this is not immediately possible, broadband funding should
                                                    increase over time as narrowband is phased out.
                                                −   Broadband funding should support new buildout and
                                                    operations in unserved and underserved areas.
        FCC Order on       FCC Order
        Remand and                              −   Issued on Nov. 5 requiring the FCC to address the 2002
        Report and Order                            remand of the ISP Remand Order and the Universal Joint
        and Notice of                               Service Board’s most recent Recommended Decision on high-
        Further Proposed                            cost universal service reform
        Rulemaking                              −   The NPRM seeks comment on two comprehensive universal
        Released:                                   service and intercarrier compensation reform proposals and
        November 5, 2008                            one comprehensive universal service reform proposal.
                                                −   These comments should address two questions laid out in ¶
                                                    31: First, whether the “additional cost” standard set forth in
                                                    the Act’s reciprocal compensation pricing provision be (i) the
                                                    existing TELRIC standard or (ii) the incremental cost standard
                                                    described in Appendix A of the Order; and second whether the
                                                    “reciprocal compensation” termination rates should be
                                                    uniform on a state-wide level or company specific.
                                                −   Comments are due November 26 and Replies are due
                                                    December 3, 2008.
        TIA Comments       TIA Joint Comments
        Submitted:                              −   TIA submitted a joint comment with the VON Coalition,
        November, 26,
                                                    CCIA, ITI, NetCoalition, and TechNet urging the FCC to
        2008.
                                                    adopt reforms that encourage innovative communications
                                                    services and applications, and to continue to foster more rapid
                                                    deployment of broadband networks to unleash the benefits of
                                                    evolving technologies.
        TIA Letter         TIA Letter
        Submitted:
                                                −   TIA sent a letter re-emphasizing its support for the creation of
        November 26,
                                                    a Broadband Fund.
        2008

                                                                                                                176
            Issue                    Date               Links                                    Summary
Universal Service,            NOI Adopted:        FCC NOI             − The FCC released a Notice of Inquiry (NOI) seeking comment
USF Non-Rural Carriers, NOI   April 7, 2009                             on USF support to high-cost non-rural carriers.
                              Released:                               − The NOI asks for comment on proposals submitted by Qwest,
(WC Docket 05-337, CC         April 8, 2009                             CostQwest, Embarq, and Vermont and Maine.
Docket 96-45)                                                         − The NOI also asks for definitions of “reasonably comparable”
                                                                        and “sufficient” under § 254.
                                                                      − Comments are due May 8 and replies due June 8, 2009.
Universal Service,            Public Notice       FCC Public Notice   − Sought comment on:
National Broadband Plan       Released:                                 − Size of USF
                              November 13,                              − Contribution methodology
(GN Docket No. 09-47, 09-     2009                                      − Transitioning the current High-Cost Fund to support
51, 09-137)                                                                advanced broadband deployment
                                                                        − Option to gradually reduce funding under existing high-
                                                                           cost to transition to explicit broadband funding
                                                                        − Option to supplement existing funding
                                                                        − Structure of broadband support mechanism (e.g., single or
                                                                           multiple funds)
                                                                        − Size of mechanism based forward-looking versus actual
                                                                           costs
                                                                        − Reimbursement of funds (capex, opex)
                                                                        − Impact of NTIA/RUS grants
                                                                        − Appropriate geographic areas
                                                                        − Impact of changes in current revenue flows
                                                                        − Competitive landscape
                                                                        − High-Cost Fund Oversight
                                                                        − Lifeline/Link-Up

                                                                      −   TIA filed comments reiterating its position that the universal
                                                  TIA Comments            service High-Cost Fund and Lifeline/Link-Up should be
                                                                           transitioned to broadband.
Universal Service,            Order Adopted:      FCC Order and       −   Enables schools that received funding from the E-Rate
E-Rate                        February 18, 2010   NPRM                    program to allow members of the general public to use the

                                                                                                                                     177
           Issue                Date                Links                                     Summary
                          Released:                                  schools’ Internet access during non-operating hours.
(CC Docket No. 02-6, GN   February 19, 2010
Docket No. 09-51)
                          Sixth Report and    FCC 6th R&O        −   Adopts a new eligible list for 2011 including dark fiber, which
                          Order Adopted:                             was previously removed from the list by the Commission.
                          September 23,                          −   Allows program participants to exercise greater flexibility in
                          2010                                       choosing services. They can lease from any service provider,
                          Released:                                  including from non-profit and governmental entities, as long as
                          September 28,                              their choice can be justified as the most cost-efficient.
                          2010                                   −   Allows E-Rate funds to now be used to support services
                          Published in                               outside of normal operating hours for schools and libraries, as
                          Federal Register:                          well as for the general public in areas that the school is
                          December 3, 2010                           designated to serve.
                                                                 −   Creates a new pilot program to fund wireless connectivity for
                                                                     portable learning devices.
                                                                 −   Streamlines the application process by eliminating the
                                                                     requirement for a technical plan as well as several other
                                                                     duplicative elements of the application.
                                                                 −   Reinforces safeguards against waste and fraud, stating that
                                                                     competitive bidding must be fair and open, and adopting gift
                                                                     rules equivalent to the majority of other federal agencies.
                                                                 −   Adjusts the cap on the E-Rate program for inflation.
                                                                 −   These rules are effective January 3, 2011.
                          FCC Public          FCC PN
                          Notice Released:                       −   The FCC issued a Public Notice guidance document on the E-
                          December 6, 2010                           Rate Sixth Report and Order.
                                                                 −   This document includes a list of effective dates for each
                                                                     adopted proposal in the Order and a large frequently asked
                                                                     questions section.
Universal Service,        NOI and NPRM        FCC NOI and NPRM   −   The NOI seeks comment on the use of cost modeling n
Transition to Broadband   Adopted and                                establishing new universal support mechanisms for broadband,
                          Released: April                            intended to estimate the geographic and financial scope of the


                                                                                                                                178
           Issue                 Date               Links                                         Summary
WC Docket No. 10-90, GN   21, 2010                                       “broadband investment gap.”
Dcoket No. 09-51, WC                                                 −   It asks broader questions about whether and how modes,
Docket No. 05-337                                                        including those that estimate specific types of costs such as
                                                                         forward-looking economic cost (FLEC), should be used.
                                                                     −   Also seeks comment on interplay between models and NBP’s
                                                                         “market-based mechanisms.”
                                                                     −   The NPRM focuses on measures to controls the size of the
                                                                         legacy high-cost mechanism as Commission shifts to
                                                                         broadband.
                                                                     −   The Commission proposes shifting to broadband through the
                                                                         Connect American Fund (CAF) and eliminating support for
                                                                         CETC’s to zero over a period of 5 years.

                                                                     −   TIA strongly supports the Commission’s goal of reforming the
                          TIA Comments      TIA Comments                 high-cost universal service support mechanisms to explicitly
                          Submitted: July                                support the deployment and provision of broadband to all
                          12, 2010                                       Americans.
                                                                     −   The Commission should establish an appropriate, expedited
                                                                         transition from existing support mechanisms to new
                                                                         mechanisms that explicitly support broadband on a five-year
                                                                         timeline as opposed to the proposed ten-year timeline.
                                                                     −   The Commission should ensure that all elements the new
                                                                         support mechanism – including particularly any cost model –
                                                                         is competitively and technology neutral.
                                                                     −   Any model must estimate all broadband deployment costs, not
                                                                         just incremental costs, as some existing broadband service has
                                                                         depended on existing support.
                                                                     −   TIA has long advocated for market-based mechanisms to
                                                                         distribute universal service funding, and supports the proposal
                                                                         to explore a interim competitive procurement auctions and
                                                                         other similar mechanisms.
Universal Service,        Corr Wireless     Corr Wireless Petition   −   Asked that any support reclaimed from Verizon Wireless and


                                                                                                                                    179
            Issue                 Date             Links                                   Summary
Corr Wireless Petition     Petition Filed:                        Sprint Nextel be redistributed to other competitive eligible
                           March 11, 2009                         telecommunications carriers (ETCs).
WC Docket No. 05-337, CC
Docket No. 96-45           FCC Order and     Order and NPRM   −   Order
                           NPRM Adopted:                          − Denied the Corr Wireless request that the Commission to
                           August 31, 2010                           direct the Universal Service Administrative Company
                           Released:                                 (USAC) to count all support received or formerly received
                           September 3, 2010                         by Verizon Wireless and Alltel in the interim cap amount,
                                                                     and make that support available to other competitive ETCs
                                                                     in a manner consistent with the Interim Cap Order.
                                                                  − Directed that the surrendered support be reserved as a
                                                                     potential down payment on proposed broadband universal
                                                                     service reforms as recommended by the NBP
                                                                  − Provided guidance on the implementation of the Verizon-
                                                                     Sprint merger's conditions.
                                                              −   NPRM
                                                                  − Proposed amending the interim cap rule so that, if a
                                                                     competitive ETC relinquishes its ETC status in a state, the
                                                                     cap amount for that state is reduced by the amount of
                                                                     support that the competitive ETC was eligible to receive in
                                                                     its final month of eligibility, annualized.
                                                                  − Sought comment on amending section 54.709(b) to permit
                                                                     the Commission to provide USAC with alternate
                                                                     instructions for implementing prior period
                                                                     adjustments, and on adopting an interim waiver of section
                                                                     54.709(b) to enable the Commission to direct USAC to
                                                                     reserve reclaimed funds as it considers broadband
                                                                     universal service reform.
                                                                  − Proposes permitting the Commission (or the Wireline
                                                                     Competition Bureau or Office of the Managing Director
                                                                     on delegated authority) to instruct USAC to modify prior
                                                                     period adjustments in quarterly demand projections.


                                                                                                                                 180
            Issue            Date                Links                               Summary
                                                          −   Seeks comment on permanently amending Commission
                                                              rules to facilitate efficient use of reclaimed excess high-
                                                              cost support.
                                                          −   Seeks comment on a proposal to modify Commission rules
                                                              to reclaim legacy support surrendered by a competitive
                                                              ETC when it relinquishes ETC status in a particular state.
Universal Service,     FCC Notice of       FCC NPRM       −   The NPRM proposes:
Mobility Fund          Proposed                           −   To use $100 million to $300 million from the USF to
                       Rulemaking                             create the Mobility Fund.
WT Docket No. 10-208   Adopted and                        −   To identify the areas unserved by 3G mobile wireless
                       Released: October                      services.
                       14, 2010                           −   To use a reverse auction – in which the potential providers
                                                              of services in identified areas without 3G service compete
                                                              for support from the Mobility Fund by proposing the
                                                              lowest amount of USF support they would require to serve
                                                              areas that are currently unserved – to determine which
                                                              providers get support, which specific geographic areas will
                                                              receive support, and at what levels.
                                                          −   The NPRM seeks comment on:
                                                          −   Whether to make support available to any unserved area in
                                                              the nation or to target support by making it available in a
                                                              limited set of unserved areas.
                                                          −   Minimum performance and coverage requirements that
                                                              should be established for the service to be supported by the
                                                              Mobility Fund.
                                                          −   Comments are due December 16, 2010; reply comments
                                                              are due January 18, 2010.
                       TIA Comments        TIA Comments
                       filed: December                    −   TIA is in agreement with the Federal-State Joint Board on
                       16, 2010                               Universal Service (Joint Board) and the Commission that
                                                              ubiquitous availability of mobile broadband services is
                                                              critical.


                                                                                                                     181
Issue         Date                Links                                  Summary
                                                −   The Commission should consider whether there is a need
                                                    for sustainability funding past the one-time payment
                                                    proposed in the NPRM for areas where carriers will
                                                    struggle to develop a feasible business case for investment.
                                                −   TIA strongly urges the Commission to adhere to its long-
                                                    standing technology neutrality principles and avoid setting
                                                    technical requirements gauged to particular technologies.
                                                    Instead, the Commission should adopt standards that are
                                                    objective and performance-driven.
                                                −   TIA supports flexible Mobility Fund coverage
                                                    requirements, speed requirements, and compliance
                                                    milestones that are necessary and allow for principles of
                                                    practicality and inclusiveness so as not to necessarily
                                                    preclude carriers from participation in the program who
                                                    would be denied funding when compliance is not
                                                    reasonably achievable due to external factors.

        TIA Reply          TIA Reply Comments   −   TIA noted widespread support on the record for the
        Comments Filed:                             creation of the Mobility Fund.
        January 18, 2011                        −   While supporting that the full $300 million be allocated to
                                                    the Mobility Fund, TIA noted that some commenters have
                                                    posited that the size of the fund is likely insufficient.
                                                −   TIA again urged the Commission to examine ongoing
                                                    funding through the Mobility Fund if it is successful, and
                                                    noted broad support for ongoing funding in comments in
                                                    the record.
                                                −   The Mobility Fund should not be considered a “one size
                                                    fits all” solution, as providers will be serving diverse
                                                    geographies with various structural, technical, and
                                                    topographical features.
                                                −   Winning bidders should be required to complete
                                                    construction as expeditiously as possible, while taking into
                                                    account the variations in regions and existing

                                                                                                            182
            Issue                     Date                Links                                  Summary
                                                                           infrastructure that could justify waivers from rigid
                                                                           standards.
                                                                       −   Limiting funding to 4G only discounts the critical role 3G
                                                                           technologies play in bringing mobile broadband to rural
                                                                           America.
                                                                       −   The FCC should facilitate the deployment and adoption of
                                                                           broadband as quickly as possible to ensure the
                                                                           achievement of national broadband goals through all
                                                                           mechanisms available to the Commission.
                                                                       −   The Mobility Fund is a limited one-time subsidy for a
                                                                           specific type of service -- mobile voice and broadband --
                                                                           while the CAF is intended to be a much more
                                                                           comprehensive, ongoing support mechanism designed to
                                                                           evolve with technology.

                                FCC Public          FCC PN         − The FCC released a Public Notice seeking comment on the
                                Notice: April 18,                    possible reserving a portion of the proposed Mobility Fund
                                2011                                 specifically for Tribal areas.
                                                                   − Specific issued addressed:
                                                                      − Additional issues related to tribal priorities: tailoring the
                                                                          bidding process to meet Tribal needs, and the possible
                                                                          requirement that meaningful engagement with the Tribal
                                                                          authority be demonstrated;
                                                                      − Possible preferences for tribally-owned and controlled
                                                                          providers: a Tribal bidding credit; and
                                                                      − Auction timing: if a separate Tribal Mobility Fund is
                                                                          created, avoiding it being set on a “slow track” compared
                                                                          to the full Mobility Fund.
                                                                   − Comment is due on this PN by May 4.
Universal Service,              FCC Notice of       FCC NPRM and   − Towards the goals of modernizing USF to support broadband,
Modernizing the Universal       Proposed            FNPRM            the FCC proposes that the program be modernized through a
Service Fund and Intercarrier   Rulemaking and                       transition to a Connect America Fund (CAF) that supports


                                                                                                                                  183
          Issue                     Date          Links                            Summary
Compensation System           Further Notice of           broadband, increase fiscal responsibility and accountability,
                              Proposed                    and increase deployment using market-based incentives.
WC Docket No. 10-90, GN       Rulemaking                  − The USF proposal consists of two steps – short-term and
Docket No. 09-51, WC          Adopted:                        long-term. In the short-term, the following steps are
Docket No. 07-135, WC         February 8, 2011                proposed:
Docket No. 05-337, CC         Released:                      − Create a “Phase 1” CAF that continues to maintain
Docket No. 01-92, CC Docket   February 9, 2011                   the existing rate-of-return framework for telephone
No. 96-45, WC Docket No.                                         companies with increased incentives for more efficient
03-109                                                           operations. The Phase 1 CAF will take such measures
                                                                 as updating support mechanism rules (including
                                                                 reimbursement formulas affecting the high-cost loop
                                                                 support mechanism and setting reasonable benchmarks
                                                                 for capital and operating expenses.
                                                             − Eliminate Interstate Access Support (IAS), as the
                                                                 program has outlived its use.
                                                             − Eliminate the “identical support rule,” and give
                                                                 funding to areas that truly need support. It was also
                                                                 noted to two of the largest recipients of funding under
                                                                 this rule have already agreed to relinquish this support.
                                                             − Use savings from the Phase 1 CAF to support
                                                                 broadband deployment.
                                                             − Use technology-neutral reverse auctions to
                                                                 determine support for areas identified using the
                                                                 forthcoming NTIA National Broadband Map. This
                                                                 auction process is expected to be quite similar to that
                                                                 proposed in the Mobility Fund NPRM, which will act
                                                                 as a test drive.
                                                          − In the long-term, the following actions are proposed:
                                                             − Transition all five USF programs to the CAF, which
                                                                 will support broadband exclusively. Voice services are
                                                                 only one of many platforms of broadband service.
                                                             − Examine auction mechanisms and cost models that


                                                                                                                      184
Issue   Date   Links                                 Summary
                                  will allow the CAF to meet its goals in the most
                                  efficient way possible.
                               − Examine the potential of using different approaches
                                  for different areas.
                               − Adopt rules that result in more accountability,
                                  clearer goals, and better metrics.
                       −   Towards the goal of reforming ICC, another two-step approach
                           is proposed, with near-term and long-term steps.
                           − In the near-term, the following actions are proposed:
                               − Create new rules to reduce arbitrage incentives –
                                  specifically, changing the interstate access rules to
                                  eliminate traffic pumping loopholes, as well as ensuring
                                  that terminating providers receive adequate information
                                  to avoid billing disputes and waste resources (avoiding
                                  phantom traffic).
                           − In the long-term, the following actions are proposed:
                               − Proposes that one of two paths be adopted for the
                                  interconnected VoIP within the ICC framework in
                                  order to provide regulatory certainty to industry, to be
                                  accomplished before or at the same time the CAF
                                  transition concludes:
                                  − Path 1: The Commission will work within the
                                       current framework to reform rules and will govern
                                       interstate VoIP; states will retain the authority over
                                       intrastate VoIP.
                                  − Path 2: the Commission will assume jurisdiction
                                       over all intercarrier traffic; states would then
                                       implement policies set in place by the Commission
                                       once the transition for ICC is set in place with an
                                       Order.
                               − Gradually reduce per-minute ICC charges.
                               − Develop a system to offset reductions in ICC rates,


                                                                                        185
Issue          Date              Links                               Summary
                                                    including, where necessary, support from the Connect
                                                    America Fund
                                          −   Comment Date on Section XV: April 1, 2011
                                          −   Reply Comment Date on Section XV: April 18, 2011
                                          −   Comment Date on the Remaining Sections: April 18, 2011
                                          −   Comment Date of State Members of the Federal-State Joint
                                              Board on Universal Service: May 2, 1011
                                          −   Reply Comment Date on Remaining Sections: May 23, 2011
        TIA Comments       TIA Comments   −   TIA agrees with the Commission that the USF and ICC
        Filed: April 18,                      programs are “broken” and that part of the solution is to
        2011                                  restructure the programs to support broadband deployment.
                                          −   TIA supports the adoption of the proposed new universal
                                              service core principle that “universal service support should be
                                              directed where possible to networks that provide advanced
                                              services, as well as voice services.”
                                          −   TIA supports the Commission’s proposed creation of a
                                              broadband-focused Connect America Fund (“CAF”) to
                                              ultimately replace the existing USF high-cost fund and the
                                              implicit subsidies that continue to plague the ICC regime.
                                          −   TIA urges the Commission to implement this fund in a
                                              technology-agnostic, competitively neutral manner.
                                          −   To maximize efficient broadband deployment, the Commission
                                              must ensure that any coverage or service requirements
                                              (including voice service requirements) are technology-neutral,
                                              flexible, and able to be customized to address unique
                                              circumstances.
                                          −   A speed-based threshold for broadband service support could
                                              leave some of the hardest-to-reach households uncovered.
                                          −   In taking these steps to reform the USF, the Commission must
                                              avoid any actions that could divert funds from the E-Rate and
                                              Rural Health Care mechanisms, or from other programs that


                                                                                                         186
            Issue                   Date              Links                                 Summary
                                                                  support broadband for anchor entities.
                                                              −   In addition to comprehensive USF reform, TIA supports
                                                                  comprehensive intercarrier compensation reform under a
                                                                  federal regime that reflects advances in technology and
                                                                  encourages broadband deployment.
                                                              −   TIA urges the Commission to bring certainty to the market for
                                                                  interconnected VoIP market by classifying that service as an
                                                                  information service.
Universal Service,            FCC Notice of     FCC NOI       −   The FCC adopted a NOI on improving communications
Improving Communications      Inquiry Adopted                     services for Native Nations that seeks comment on a number
Services for Native Nations   and Released:                       of issues, including greater broadband deployment, the need
                              March 4, 2011                       for a uniform definition of Tribal lands to be used agency-wide
CG Docket No. 11-41                                               in rulemakings, and the importance of strengthening the FCC’s
                                                                  nation-to-nation consultation process with Native Nations.
                                                                  Specific concerns:
                                                                  − How to modify rules to increase services to Tribes;
                                                                  − Priorities for Native Nations;
                                                                  − Creating a Native Nation broadband fund;
                                                                  − Models for deployment;
                                                                  − Adoption and utilization issues;
                                                                  − Defining “Tribal Lands;”
                                                                  − Eligible Telecommunications Carrier (ETC) designation
                                                                       issues in Tribal lands;
                                                                  − Related public safety and homeland security issues;
                                                                  − Cultural preservation and Section 106 of National Historic
                                                                       Preservation Act of 1966 (NHPA);
                                                                  − Satellite-based service in Tribal areas;
                                                                  − Disability-related matters in Tribal areas;
                                                                  − Issues regarding consultation and coordination with and
                                                                       between native nations; and
                                                                  − General issues commenters find important.
                                                              −   Comment is due May 20; reply comments are due July 5.

                                                                                                                             187
           Issue                    Date               Links                                Summary

                              FCC Order          FCC Order     −   Based on a request from Confederated Tribes of the Colville
                              Adopted and                          Reservation, the FCC has extended the comment and reply
                              Released May 16,                     comment due dates for the Native Nations Connectivity NOI to
                              2011                                 June 20 for Comments and August 4 for Reply Comments.
Universal Service,            FCC Notice of      FCC NPRM      −   The Commission adopted a NPRM seeking comment on
Lifeline and Link-up Reform   Proposed                             reforming and modernizing the Lifeline/Link-up program to
and Modernization             Rulemaking                           reflect today’s marketplace realities. Specifically, the NPRM
                              Adopted: March                       proposes:
WC Docket No. 11-42           3, 2011                              − That no more than one Lifeline support payment be made
CC Docket No. 96-45           Released: March                           per mailing address (and if there should be exceptions, for
WC Docket No. 03-109          4, 2011                                   areas such as Tribal);
                                                                   − A heightened requirement for Lifeline subscribers to
                                                                        document that they qualify for the program;
                                                                   − The elimination of funding for services that go unused for
                                                                        60 days;
                                                                   − The elimination of reimbursement for initiation fees; and
                                                                   − The elimination of toll limitation services.
                                                               −   The NPRM also seeks to streamline and improve the
                                                                   administrative aspects of the program. It proposes core
                                                                   eligibility criteria that states will be encouraged to use (or
                                                                   build on), tightening and standardizing the initial and ongoing
                                                                   certification process, and eliminates self-certifications. It also
                                                                   proposes and seeks input on how to most effectively engage in
                                                                   effective outreach to potential eligible consumers.
                                                               −   Overall goals and metrics for the program are also sought, and
                                                                   the NPRM will ask whether the program should be capped,
                                                                   either on a temporary or permanent basis.
                                                               −   Comment is due April 21, 2011; reply comments are due on n
                                                                   Sections IV, V (Subsection A), VII (Subsection B & D) on
                                                                   May 10, 2011; Remaining reply comments are due May 25,
                                                                   2011


                                                                                                                                188
           Issue                     Date                  Links                                   Summary

                               FCC Report and       FCC R&O            −   The FCC adopted rules to address potential waste in the USF
                               Order Adopted:                              Lifeline and Link Up program by preventing duplicative
                               June 17, 2011                               program payments for multiple Lifeline-supported services to
                               Released June 21,                           the same individual.
                               2011                                    −   Codifies the limitation that an eligible consumer may receive
                               Federal Register     Federal Register       only one Lifeline-supported service byamending section
                               Released: June 29,                          54.401(a)(1) of the FCC’s rules to adopt a definition of
                               2011                                        “Lifeline” that will ensure that consumers do not, whether
                                                                           inadvertently or knowingly, subscribe to multiple Lifeline-
                                                                           supported services.
                                                                       −   Amends section 54.405(a) of the FCC’s rules to require ETCs
                                                                           to offer Lifeline service only to those qualifying low-income
                                                                           consumers who are not currently receiving another Lifeline
                                                                           service from that ETC or from another ETC.
                                                                       −   Amends section 54.405 of the FCC’s rules and adopt a process
                                                                           for de-enrollment of a Lifeline subscriber for the limited near-
                                                                           term purpose of resolving currently known duplicative claims
                                                                       −   The rules will become effective July 29, 2011, 30 days from
                                                                           publication in the Federal Register
Video Competition
Video Competition,             NPRM Adopted:        FCC NPRM           −   Seeking Comment: How LFAs (local franchising authorities)
Video Franchise, Section 621   November 3, 2005                            can be prevented from unreasonably refusing to award
                               Released:                                   competitive franchises and how such a standard can be
MB Docket No. 05-311           November 18,                                enforced?
                               2005                                    −   Seeking Comment: Whether the current franchising process
                                                                           unreasonably impedes the achievement of enhanced cable
                                                                           competition and accelerated broadband deployment?
                                                                       −   Seeking Comment: Whether there are barriers to entry that
                                                                           LFAs have unreasonably imposed and what are competitor’s
                                                                           current abilities to obtain franchises?



                                                                                                                                       189
Issue         Date                 Links                                  Summary
        TIA Comments         TIA COMMENTS   −   TIA argues that delay and unreasonable demands by LFAs
        Submitted:                              undermines Congress’s goal of promoting broadband
        February 13, 2006                       deployment and video competition.
                                            −   State or federal legislation would help alleviate this barrier to
        TIA Ex Parte         TIA EX PARTE       entry.
        Submitted:                          −   The FCC must act to minimize the adverse effects of the
        January, February,                      existing local franchise process via its adjudicative authority
        March 2006                              to adopt rules interpreting language and advancing Congress’s
                                                core goals of promoting broadband deployment and video
                                                competition.
                                            −   Commission should state that any LFA that unduly delays
                                                action on a competitive franchise application or demands
                                                additional concessions has unreasonably refused to grant a
                                                competitive franchise. TX model of state franchising.
                                            −   TIA reinforced the importance of regulatory certainty in order
                                                to stimulate investment.
                                            −   A streamlined process for the local franchising process will
                                                provide certainty and simultaneously help to remove barriers
                                                for competitive video service providers.

                                            −   The FCC adopted rules which prohibit LFA’s from
        R&O Adopted:         FCC R&O
                                                unreasonably refusing to award competitive franchises for the
        December 20,
                                                provision of cable services.
        2006
                                            −   Establishes a 90 day time period by which LFA’s may review
        Released:
                                                a request by new entrants with existing rights of way to offer
        March 5, 2007
                                                broadband and a 180 day time period for new entrants without
                                                existing rights of way.
                                            −   Sets a 5% cap on franchise fees.
                                            −   Places limits on build-out requirements.
                                            −   Prohibits imposing PEG or I-NET requirements that are
                                                greater than those imposed on the incumbent
                                            −   Prohibits taxing any non-cable related revenue


                                                                                                             190
           Issue               Date                    Links                               Summary
                                                               −   Seeks comment on how these rules should apply to existing
                                                                   franchisees and how local consumer protection and customer
                                                                   services standards apply to new entrants.

                                                               −   2nd Order applies prohibition of unreasonable refusal to award
                          nd                          ND
                         2 R&O Adopted: FCC 2 R&O                  competitive franchises by LFA’s to incumbent providers.
                         October 31, 2007
                         Released:
                         November 6, 2007
Video Competition,       R&O Adopted:      FCC 4TH R&O         −   Prohibits cable operators from owning or having an
30% Cap on Cable         December 18,                              attributable interest in cable systems serving more than 30%
Penetration              2007                                      of MVPD subscribers nationwide.
                         Released:                             −   Seeks comment on whether to retain certain exemptions and
(MM Docket No. 92-264)   February 11, 2008                         an appropriate channel occupancy limit.

Technological Advisory
            Council
Technological Advisory   Notice Published    Notice            −   The FCC announced its Technical Advisory Council is being
Council,                 in Federal                                reestablished. The purpose of TAC will be to provide
Creation of TAC          Register on March                         technical advice and make recommendations on the issues and
                         26, 2009.                                 questions presented to it by the FCC.
                                                               −   TAC nominations are due by May 8, 2009

                         FCC Public          FCC PN            −   The TAC, which is formed to assist the Commission to
                         Notice Released:                          identify important areas of innovation and develop informed
                         October 21, 2010                          technology policies supporting America’s competitiveness
                                                                   and job creation in the global economy.
                                                               −   The TAC will consider and advise on topics from the National
                                                                   Broadband Plan, such as how broadband communications can
                                                                   improve the delivery and cost containment of health care,
                                                                   energy and environmental conservation, education innovation,
                                                                   and job growth.


                                                                                                                             191
           Issue               Date                Links                                    Summary
                                                              −   Other topics may include the evolution of broadband networks
                                                                  and devices and their implications, spectrum management,
                                                                  research and development in broadband and other
                                                                  communications areas, and how to promote innovation and
                                                                  investment.
Technological Advisory   TAC Chairman’s      TAC Chairman’s   −   The FCC’s fifth TAC released its Chairman’s Report,
Council,                 Report              Report               providing technical policy recommendations to spur jobs and
TAC Recommendations      Communications                           innovation.
                         to FCC: April 26,                    −   This TAC was chaired by Tom Wheeler, Core Capital
                         2011                                     Partners, and utilized four working groups (“Critical
                                                                  Transitions;” “Broadband Infrastructure Deployment;”
                                                                  “IPv6;” and “Sharing Opportunities”).
                                                              −   These recommendations were approved by the TAC on March
                                                                  30, totaling eight:
                                                              −   Muni Race-To-The-Top: The FCC should sponsor a “Race-
                                                                  to-the-Top-style awards/recognition program” to recognize
                                                                  cities with the best practices in terms of broadband
                                                                  infrastructure deployment.
                                                              −   Request Broadband Infrastructure Presidential Exec
                                                                  Order: The FCC should formally request that the President
                                                                  issue an Executive Order on broadband infrastructure
                                                                  deployment on federal land and in federal buildings.
                                                              −   Remove Tower Siting Impediments: The FCC should
                                                                  propose that states and municipalities employ a shortened
                                                                  “shot clock” for co-locations on existing structures or permit
                                                                  co-location “by right” - absent special circumstances.
                                                              −   Best Practices/Technology Outreach to State and Locals:
                                                                  The FCC should begin a dialogue with states and
                                                                  municipalities about proven new technologies for efficiently
                                                                  deploying broadband (e.g., micro-trenching, DAS equipment
                                                                  on city light poles, directional boring).
                                                              −   Online Deployment Coordination: The FCC should develop


                                                                                                                            192
          Issue               Date                  Links                                Summary
                                                                a “white label,” web-based communication tool that can be
                                                                adopted and labeled by localities to provide advance
                                                                notification of planned infrastructure projects, to give timely
                                                                access to underground facilities and encourage a “dig once”
                                                                policy.
                                                            −   Improved Measurement Metrics: Metrics beyond
                                                                throughput speed should be used to measure the quality of
                                                                Internet Protocol (IP) broadband networks.
                                                            −   Moving forward the TAC will be identifying the multiple
                                                                characteristics that should be considered.
                                                            −   Highlight Stranded PSTN Investment: The FCC should
                                                                highlight that network providers have huge investments in
                                                                existing PSTN infrastructure including copper wire, switches,
                                                                pole space, and software (and that many homes and businesses
                                                                still depend on these), and initiate a public dialogue so that the
                                                                technology and know-how for replacing such services is
                                                                widely known. TAC plans to create an inventory of these
                                                                services, and examine transitional issued for PSTN to IP.
                                                            −   Promotion of Small Cellular Deployments: The FCC, with
                                                                the participation of other relevant agencies (e.g., General
                                                                Services Administration) should convene an industry-led
                                                                group (e.g., providers, vendors, standards groups, and building
                                                                owners) to discuss ways to accelerate the deployment of small
                                                                cell wireless devices (i.e., femtocells, DAS, Wi-Fi) in
                                                                commercial and government buildings and other high
                                                                teledensity venues. Specifically, “universal architectures” and
                                                                “small cell band” spectrum allocations should be investigated.
Health IT
Health IT,              Notice Published   Notice           −   The application window for the Rural Utilities Service (RUS)
RUS DLT Grant Program   in Federal                              Distance Learning and Telemedicine (DLT) grant program
                        Register on                             expires March 24, 2009.
                        December 24,                        −   The Notice also provides information on the application


                                                                                                                             193
           Issue                  Date                    Links                                     Summary
                            2008.                                           procedure and eligibility for the grant program.
Health IT,                  TIA letter filed on   TIA Letter            −   The letter supports the Rural Healthcare Pilot Program
Rural Health Care Support   January 27, 2009.                               (RHCPP) and requests additional funding and permanent
Mechanism                                                                   extension of the program

(WC Docket 02-60)           News Release,         News Release          −   The FCC approved $46 million in universal service money for
                            April 16, 2009                                  the development of six broadband telehealth networks under
                                                                            the agency’s Rural Health Care Pilot Program.
                                                                        −   Five of these networks will connect hundreds of hospitals in
                                                                            Iowa, Minnesota, Montana, Nebraska, Wisconsin, Wyoming,
                                                                            North Dakota, South Dakota, and South Carolina. The other
                                                                            network approved for funding is in Alaska.

                                                                        −   Proposes replacing the current Internet Access Fund (IAF)
                            FCC NPRM              FCC NPRM                  with a Health Care Broadband Access Fund. This replacement
                            Adopted: July 15,                               fund would increase support of monthly recurring costs for
                            2010                                            qualifying health care providers from 25% to 50%.
                            Released: August                            −   Create a Health Care Broadband Infrastructure Fund. This fund
                            9, 2010                                         would provide 85% of funds (on an annual basis) for
                                                                            qualifying public and non-profit health care facilities that
                                                                            either lack or have insufficient access to broadband to connect
                                                                            with larger, specialized health care facilities.
                                                                        −   Add the following entities to the list of eligible recipients of
                                                                            rural health care broadband deployment funds, increasing the
                                                                            number of qualifying facilities by approximately 2,200 (20%):
                                                                            Nursing facilities, Acute health care facilities, Off-site
                                                                            administrative and data centers/offices, and Renal dialysis
                                                                            centers
                                                                        −   Put into practice efficient and transparent results measurement
                                                                            for rural health care broadband deployment programs.
                            FCC Technical         OBI Technical Paper
                                                                        −   The FCC released the Omnibus Broadband Initiative’s (OBI)
                            Paper Released:       No. 5

                                                                                                                                       194
Issue         Date               Links                                 Summary
        August 27, 2010                       Technical Paper No. 5, titled Health Care Broadband in
                                              America. This technical paper contains an analysis of health
                                              care providers’ connectivity requirements and the ability of the
                                              country’s infrastructure to meet those needs, with an
                                              explanation of assumptions and methodology used.
                                              Specifically, the paper examines:
                                                − Health care providers’ broadband needs
                                                − Broadband connectivity options
                                                − Gaps and barriers preventing sufficient broadband levels
                                                − The next phase of the analysis

        TIA Comments       TIA Comments   −   TIA emphasized its strong support for the creation of the
        Filed: September                      Health Infrastructure Program and the Health Broadband
        8, 2010                               Services Program. TIA has long advocated making permanent
                                              the Rural Health Care Pilot Program (RHCPP).
                                          −   These programs will be best served if fully funded to the $400
                                              million level available to the Rural Health Care Support
                                              Mechanism.
                                          −   TIA urged the Commission to implement programs that are
                                              flexible and take a practical approach to judging applicants and
                                              the technologies they wish to deploy.
                                          −   Decisions on funding should acknowledge the different
                                              performance characteristics of different technological
                                              platforms to best encourage widespread broadband deployment
                                              to medically underserved communities that may have unique
                                              technical needs based on their particular location and network
                                              requirements.
                                          −   TIA supported the creation of a diverse working group of
                                              stakeholders to provide feedback and advice on the Rural
                                              Health Care Support Mechanism.

        FCC Public         FCC PN         −   The FCC’s Wireline Competition Bureau released a Public


                                                                                                          195
Issue         Date               Links                                 Summary
        Notice Released:                     Notice seeking comment on the Indiana Telehealth Network’s
        December 6, 2010                     (ITN) request to extend the June 30, 2011 deadline for Rural
                                             Health Care Pilot Program participants to select a vendor and
                                             request funding commitment letters from the Universal Service
                                             Administrative Company for one year, to June 30, 2012.
                                         −   ITN has requested this extension because only 22 contracted
                                             participants of an original 56 in the ITN network remain
                                             committed mainly due to “termination clauses in existing
                                             contracts and inability to obtain the 15% required matching
                                             RHCPP funds,” resulting in approximately $14 million of
                                             unallocated funds.
                                         −   Comments are due January 5, and replies are due January 17.
        FCC Public         FCC PN
        Notice Released:                 −   The FCC’s Wireline Competition Bureau (WCB) released a
        January 28, 2011                     Public Notice announcing that, since the November 17, 2010
                                             filing of the Indiana Telehealth Network’s (ITN) request for a
                                             time extension to select vendors and to request funding letters
                                             from the USAC under the Rural Health Care Pilot Program
                                             (RHCPP) rules,
                                         −   WCB has received 17 similar requests for extensions of time
                                             from RHCPP participants.
                                         −   Moving forward, WCB will:
                                             − Treat the ITN request as a request by all RHCPP
                                                  participants for a time extension; and
                                             − Consider the 17 subsequent requests (and any further
                                                  requests) as ex partes to the ITN request.
        FCC Order          FCC Order
        Adopted and
                                         −   The FCC’s Wireline Competition Bureau (WCB) issued an
        Released: May 3,
                                             Order extending, for participants with at least one funding
        2011
                                             letter from the Universal Service Administrative Company
                                             (USAC), the deadline for Rural Health Care Pilot Program
                                             (RHCPP) participants to choose a vendor and request funding
                                             commitments from the USAC, as well as the invoice deadline,

                                                                                                         196
          Issue                 Date                   Links                                     Summary
                                                                       by one year to June 30, 2012.
                                                                   −   WCB made the extension based on petitions from 23 different
                                                                       participants, and agrees that absent a waiver of the funding
                                                                       year filing deadline, a number of projects would have severe
                                                                       difficulty in meeting the existing June 30, 2011 funding
                                                                       commitment request deadline.
                                                                   −   It is noted that 66% (41 projects) of the RHCPP projects have
                                                                       attained at least one funding letter from USAC at this time
                          FCC Order and        FCC Order and
                          NPRM Adopted:        NPRM                − The FCC issued an Order allowing health care providers
                          June 20, 2011                              located in rural areas with funding commitments prior to July
                          Released: June 21,                         1, 2005 to be continued to be treated as “rural” for rural health
                          2011                                       care (RHC) programs by granting the numerous filings
                          Federal Register:    Federal Register:     requesting this determination
                          June 27, 2011        (Interim Rule)      − The FCC also issued an NPRM seeking comment on how
                                               (Proposed Rule)       these grandfathered providers should be permanently eligible
                                                                     for Universal Service Administrative Company (USAC) RHC
                                                                     programs.
                                                                   − The FCC notes that without continued funding, these critical
                                                                     facilities will likely be unable to continue providing telehealth
                                                                     services to rural areas.
                                                                   − Comments on the NPRM are due July 27 and Reply
                                                                     Comments are due August 11, 2011.
Health IT,                Guidance and         HHS Guidance and    − The U.S. Department of Health and Human Services (HHS)
HHS Guidance on Privacy   Request for          Request for            issued guidance specifying the technologies and
Technologies              Information          Information            methodologies that render protected health information
                          Released:                                   unusable, unreadable, or indecipherable to unauthorized
                          April 17, 2009                              individuals, as required by the Health Information Technology
                          Published in                                for Economic and Clinical Health (HITECH) Act passed as
                          Federal Register:                           part of the ARRA.
                          April 27, 2009                           − The guidance related to two forthcoming breach notification
                                                                      regulations. One will be issued by HHS for covered entities


                                                                                                                                  197
           Issue                Date                Links                                      Summary
                                                                      under the Health Insurance Portability and Accountability Act
                                                                      of 1996 (HIPAA). The other will be issued by the Federal
                                                                      Trade Commission for vendors or personal health records and
                                                                      other non-HIPAA covered entities.
                                                                  −   HHS also released a Request for Information (RFI) soliciting
                                                                      public comment on the breach notification provisions of the
                                                                      HITECH Act to inform future rulemaking and updates to the
                                                                      guidance. Comments are due May 21, 2009.
Health IT,                 Proposed         Letter to ONC filed   −   TIA submitted a letter to ONC Coordinator David Blumenthal
ONC Health IT Policy and   Meaningful Use   June 11, 2009.            listing TIA’s policy priorities for the ONC’s standards and
Standards Committees’      Definition                                 policy initiatives.

                                            Letter to Judith      −   TIA submitted a letter to Policy Committee Vendor
                                            Faulkner filed June       Representative Judith Faulkner listing TIA’s policy priorities
                                            11, 2009.                 for the ONC’s standards and policy initiatives.

                                            Letter to ONC filed   −   TIA submitted a letter to ONC Coordinator David Blumenthal
                                            June 26, 2009.            detailing need for expedited and enhanced transmission-based
                                                                      objectives in the ONC’s proposed “meaningful use”
                                                                      definition.

                                                                  −   On January 13, the Centers for Medicaid and Medicaid
                                                                      Services (CMS) announced the attached NPRM which
                                                                      proposes a definition for meaningful use. Comments will be
                                                                      due on March 15, 2010. Additionally, HHS’ Office of
                                                                      National Coordinator announced an interim final rule and
                                                                      request for public comment that specifies initial standards,
                                                                      implementation specifications and certification criteria for
                                                                      Electronic Health Record. Comments are due on March 15,
                                                                      2010.

                           Meaningful Use   Request for Comment   −   The Health IT Policy Committee issued a request for
                           Workgroup                                  comment on preliminary recommendations for Meaningful

                                                                                                                                 198
Issue          Date         Links                                 Summary
        Request for                     Use requirements, which include obligations related to
        Comments                        establishment and testing of Health Information Exchanges (p.
        Released: January               11), as well as security and privacy requirements (p. 13-14).
        20, 2011                    −   The Health IT Policy Committee notes that, while comment is
                                        invited on any of the recommendations, the focus of the
                                        request for comment are Stage 2 recommendations.
                                    −   The following questions are also posed:
                                          − How can electronic progress notes be defined in order
                                               to have adequate specificity?
                                          − For patient/family access to personal health
                                               information, what standards should exist regarding
                                               accessibility for people with disabilities (e.g.,
                                               interoperability with assistive technologies to support
                                               those with hearing, visual, speech, or mobile
                                               impairments)?
                                          − What strategies should be used to ensure that barriers to
                                               patient access – whether secondary to limited internet
                                               access, low health literacy and/or disability – are
                                               appropriately addressed?
                                          − What are providers’ and hospitals’ experiences with
                                               incorporating patient-reported data (e.g., data self-
                                               entered into PHRs, electronically collected patient
                                               survey data, home monitoring of biometric data, patient
                                               suggestions of corrections to errors in the record) into
                                               EHRs?
                                          − For future stages of meaningful use assessment, should
                                               Centers for Medicae & Medicaid Services (CMS)
                                               provide an alternative way to achieve meaningful use
                                               based on demonstration of high performance on clinical
                                               quality measures (e.g., can either satisfy utilization
                                               measures for recording allergies, conducting
                                               CPOE, drug-drug interaction checking, etc, or
                                               demonstrate low rates of adverse drug events)?

                                                                                                  199
           Issue              Date               Links                                    Summary
                                                                 −    Should Stage 2 allow for a group reporting option to
                                                                      allow group practices to demonstrate meaningful use at
                                                                      the group level for all EPs in that group?
                                                                 − In stage 1, as an optional menu objective, the presence
                                                                      of an advance directive should be recorded for over
                                                                      50% of patients 65 years of age or older. The Health IT
                                                                      Policy Committee proposes making this objective
                                                                      required and to include the results of the advance-
                                                                      directive discussion, if available, and invites public
                                                                      comment on this proposal, or suggestions for alternative
                                                                      criteria in this area.
                                                                 − What are the reasonable elements that should make up a
                                                                      care plan, clinical summary, and discharge summary?
                                                                 − What additional meaningful-use criteria could be
                                                                      applied to stimulate robust information exchange?
                                                                 − There are some new objectives being considered for
                                                                      stage 3 where there is no precursor objective being
                                                                      proposed for stage 2 in the current matrix. The Health
                                                                      IT Policy Committee invites suggestions on appropriate
                                                                      stage 2 objectives that would be meaningful
                                                                      steppingstone criteria for the new stage 3 objectives.
                                                          −   Comments may be submitted through
                                                              http://www.regulations.gov, and are due no later than 5:00pm
                                                              ET, February 25, 2011.
Health IT,              Memorandum of       FCC-FDA MOU   −   In conjunction with a FCC-FDA two day Public Meeting on
Joint FCC-FDA Efforts   Understanding                         the Impact on Regulation of Converged Communications and
                        Released July 26,                     Health Care Devices, a M.O.U. was announced stating the two
                        2010                                  agencies’ intention to work together towards the following
                                                              goals:
                                                               − Further improve information sharing efforts between the
                                                                    two agencies to ensure the security and usefulness of
                                                                    medical devices.


                                                                                                                         200
           Issue              Date                Links                                       Summary
                                                                     −    Improve the efficiency of the agencies’ regulatory
                                                                          processes in areas of jurisdictional overlap – such as
                                                                          medical devices that employ broadband and wireless
                                                                          technology.
                                                                      − Promote efficient utilization of tools and expertise for
                                                                          product analysis, validation, and risk identification.
                                                                      − Build infrastructure and processes that meet the common
                                                                          needs for evaluating broadband and wireless enabled
                                                                          medical devices.
Health IT,              ONC Request for    ONC RFI               −   The Department of Health and Human Services’ (HHS) Office
Health Information      Comment                                      of the National Coordinator for Health Information
Technology PCAST        Released:                                    Technology (ONC) has requested comment on a December 8-
Recommendations         December 13,                                 released report titled “Realizing the Full Potential of Health
                        2010                                         Information Technology to Improve Healthcare for Americans:
                                                                     The Path Forward” from the President's Council of Advisors
                                                                     on Science and Technology (PCAST).
                                                                 −   This detailed and comprehensive report examines “how health
                                                                     information technology could improve the quality of
                                                                     healthcare and reduce its cost, and whether existing Federal
                                                                     efforts in health information technology are optimized for
                                                                     these goals.”
                                                                 −   Among its many recommendations are those to ONC (page
                                                                     77), which include the recommendation that a “universal
                                                                     exchange language” using metadata be created that will
                                                                     sufficiently deal with privacy and data security concerns, by
                                                                     such methods as continuous, multiple encryptions.
                                                                 −   Comments are due by 5 p.m. on January 17, 2011.
Health IT,              Ex Parte           AFTRCC, Philips       −   AFTRCC, Philips & GE propose a sharing arrangement in the
Secondary Use of AMT    Submitted:         Healthcare, and GE        2360-2390 MHz AMT primary spectrum by MBANS, using
Spectrum by MBANs       January 14, 2011   Healthcare Proposal       “proven propagation analytical software tools, coupled with
                                                                     MBANS automated device features to protect AMT in
(ET Docket No. 08-59)                                                compliance with ITU-R Rec. M.1459, while maximizing


                                                                                                                              201
Issue         Date                  Links                                  Summary
                                                access to AMT spectrum for indoor use at healthcare
                                                facilities.”
                                            −   The proposal is intended to become a new subpart of Part 95
                                                rules as proposed in ET Docket 08-59 NPRM; MBANS
                                                equipment is subject to certification under Part 2.
                                            −   If the healthcare facility is within radio Line-of-Sight (LOS) of
                                                the AMT receiver, a propagation analysis which uses
                                                geographic and building features is used at the AMT receiver.
                                            −   Heath care facilities with no radio Line-of-Sight (NLOS) to an
                                                AMT ground station must register with the MBANS
                                                coordinator.
                                            −   Healthcare facilities are required to file a transition plan with
                                                the MBANS coordinator that manages re-channelization out of
                                                AMT spectrum if primary AMT use is needed.
                                            −   MBANS access to the 2360-2390 MHz is allowed if the signal
                                                at the AMT receiver complies with Rec. M.1459 protection
                                                levels.
                                            −   MBANS will also operate in the 2390-2400 MHz on a
                                                secondary basis, with higher power requirements, no electronic
                                                control, and no coordination.

                                            −   TIA agrees that the MBANS proposal will effectively protect
        TIA Ex Parte         TIA Ex Parte
                                                against interference and facilitate sharing within the 2360-
        Filed: February 8,
                                                2390 MHz band between AMT and MBANS, and allow for
        2011
                                                effective use of the 2390-2400 MHz band by MBANS on a
                                                secondary basis.
                                            −   TIA urged the Commission to ensure that authorization of
                                                MBANS use in the 2400-2483.5 MHz band does not put
                                                MBANS on a level of regulatory preference above unlicensed
                                                devices.
                                            −   Finally, TIA urged the Commission to expeditiously move
                                                forward on the proposal.


                                                                                                            202
           Issue                    Date                Links                                        Summary
Health IT,                   FDA Notice           FDA Publication       −   The Food and Drug Administration (FDA) published a Notice
FDA Device Malfunctioning    Published: March                               indicating that, under Section 519(a) of the Federal Food,
Reporting                    8, 2011                                        Drug, and Cosmetic Act, it intends to publish a list of types of
                                                                            medical devices that malfunctions must be reported for, as well
FDA-2011-N-0097                                                             as to pursue a rulemaking to establish malfunction reporting
                                                                            criteria.
                                                                        −   In the interim, the Notice clarifies that device manufacturers
                                                                            and device importers of class I and class II devices that are not
                                                                            permanently implantable, life supporting, or life sustaining
                                                                            must continue to submit malfunction reports in compliance
                                                                            with 21 CFR Part 803 pending further FDA notice.
                                                                        −   The FDA also invites comments on this Notice, due May 9,
                                                                            2011, to be submitted through http://www.regulations.gov,
                                                                            referencing Docket No. FDA–2011–N–0097.
Stimulus
Stimulus,                    NTIA Notice for      Notice for Feedback   −   The Federal Register publication states that comments on the
NTIA Notice for Feedback     Feedback                                       NTIA/RUS Notice for Feedback are due April 13, 2009.
                             published on                               −   These comments relate to implementation of the American
                             March 12, 2009.                                Recovery and Reinvestment Act (ARRA) broadband
Docket No. 090309298-9299-                                                  programs including the establishment of the Broadband
01                                                                          Technology Opportunities Program (BTOP).

                             TIA Comments         TIA Comments          −   TIA submitted comments with its key policy points outlined
                             Filed on April 10,                             for NTIA.
                             2009.
                                                                        −   TIA submitted a letter to NTIA requesting the attribution of
                             TIA Letter filed     TIA Letter                pre-existing infrastructure investments necessary to BTOP
                             on April 14, 2009.                             projects as in-kind contributions to the BTOP 20% non-
                                                                            federal match requirement.

                             TIA Letter filed     TIA letter to RUS     −   TIA submitted a letter requesting that the U.S. Department of
                             on June 12, 2009.                              Agriculture’s Rural Utilities Service, as it establishes a


                                                                                                                                        203
           Issue                   Date                 Links                                 Summary
                                                                     timeline for administering the Rural Development Broadband
                                                                     Program pursuant to the American Recovery and
                                                                     Reinvestment Act of 2009, expedite the broadband grant and
                                                                     loan award process and provide the first round of such awards
                                                                     well prior to the end of the first quarter of Fiscal Year 2010
                                                                     (FY 2010).

                                                                 −   TIA submitted a letter requesting that the National
                             TIA Letter filed    TIA Letter to       Telecommunications and Information Administration, as it
                             on June 12, 2009.   Department of       establishes a timeline for administering the Broadband
                                                 Commerce            Telecommunications Opportunity Program (BTOP), expedite
                                                                     BTOP grant awards and attribute pre-existing infrastructure
                                                                     investments necessary to BTOP projects as in-kind
                                                                     contributions to the BTOP 20 percent non-federal match
                                                                     requirement.

                                                                 −    TIA sent a letter to Agriculture Secretary Vilsack urging that
                             TIA Letter filed    TIA Letter to        the RUS revise provisions in the NOFA for the BIP relating
                             July 27, 2009       Department of        to “non-remote” areas to ensure that all truly rural areas,
                                                 Agriculture          notwithstanding their proximity to a city or other urbanized
                                                                      area, can equally benefit from BIP grant funding and gain
                                                                      access to broadband service and technologies..
Stimulus,                    TIA Ex Parte        TIA EX PARTE    −   TIA submitted three ex parte notices to the FCC regarding
TIA Ex Parte Meetings with   Notices             TIA EX PARTE        meetings with Chairman Copps, Commissioner Adelstein, and
FCC                          Submitted:          TIA EX PARTE        Commissioner McDowell’s office.
                             March 16, 2009                      −   In the ex parte meetings, TIA members noted the FCC’s
                                                                     broadband policy statement is working in relation to the
                                                                     implementation of American Recovery and Reinvestment Act
                                                                     (ARRA); discussed options for the national broadband
                                                                     strategy; supported the Commission’s tiered analysis of
                                                                     broadband speeds; and advocated for a permanent extension of
                                                                     the Rural Healthcare Pilot Program (RHCPP).


                                                                                                                                204
            Issue                 Date                  Links                                      Summary
Stimulus,                   FCC Public          Public Notice            −   The Commission released a Public Notice asking for
FCC Public Notice on ARRA   Notice, Released:                                comments on the FCC’s consultative role in defining certain
Definitions                 March 24, 2009.                                  terms under the ARRA.

                            TIA Comments        TIA Comments             −   TIA submitted comments in response to the Public Notice
                            Submitted: April                                 regarding the Commission’s consultative role in the broadband
                            13, 2009.                                        provisions of ARRA.
                                                                         −   TIA urges NTIA and the FCC to develop flexible and
                                                                             expansive definitions of “unserved” and “underserved” areas.
                                                                         −   TIA also recommends that NTIA and RUS use the most recent
                                                                             definition of broadband set by the FCC at 768 Kbps.
                                                                         −   Finally, TIA explains that the Commission’s Internet Policy
                                                                             Statement is working and there is no need for additional non-
                                                                             discrimination or network interconnection obligations beyond
                                                                             this statement.
Stimulus,                   User Guide and      User Guide and           −   Some preliminary requirements have been released for
Registration for ARRA       Registration        Registration Checklist       potential applicants for ARRA grants.
Broadband Grants            Checklist                                    −   Potential applicants for BTOP and RUS grants are required to
                                                                             register at www.grants.gov and may do so at this time. It is
                                                                             unclear whether applicants for RUS loans will have to register.
                                                                         −   If an ARRA applicant is already registered as a result of prior
                                                                             grant requests under other programs, it does not need to re-
                                                                             register.
Stimulus,                   NTIA/RUS            NTIA/RUS Request for     −   The NTIA and RUS Joint RFI seeks public comment on issues
Second NTIA/RUS Request     Second RFI          Information                  to inform the second round of funding for its BTOP and BIP.
For Information (RFI)       Released:                                    −   In particular, the agencies seek information to improve the
                            November 10,                                     programs by enhancing the applicant experience and making
Docket No.                  2009                                             targeted revisions to the first NOFA, if necessary.
0907141137-91375-05
                            TIA Comments                                 −   TIA urged NTIA and RUS to aim their broadband stimulus
                            Submitted:                                       programs at last-mile and sustainable adoption projects, which
                            November 30,                                     can spur middle-mile broadband infrastructure.


                                                                                                                                        205
            Issue                     Date               Links                                Summary
                               2009                              −   The second NOFA should allow all projects in rural areas to
                                                                     qualify for BIP.
                                                                 −   Transfer of stimulus-funded facilities should be allowed when
                                                                     it would serve the programs’ purposes.
                                                                 −   The agencies should clarify that terms apply only to applicants,
                                                                     not project partners.
                                                                 −   The agencies should clarify which nondiscrimination rules
                                                                     apply in the case of potential future FCC rules, if conflicting.
                                                                 −   Provisions in the first NOFA that clearly disadvantage
                                                                     applications for multi-state or national projects should be
                                                                     changed.
Consumer Protection
Consumer Protection,           FCC Notice of       FCC NOI       −  In this Notice of Inquiry (NOI), the FCC seeks comment on
Truth-in-Billing and Billing   Inquiry Adopted:                     whether there are opportunities to protect and empower
Format for IP-Enabled          August 27, 2009                      American consumers by ensuring sufficient access to relevant
Services (FCC)                 Released: August                     information about communications services.
                               28, 2009                          − The FCC also seeks comment on whether new technologies
(CG Docket No. 09-158, CC                                           can be harnessed to empower customers and make it easier for
Docket No. 98-170, WC                                               them to access and analyze information about
Docket No. 04-36)                                                   communications services, on what tools may already be
                                                                    available and whether new tools can be developed to improve
                                                                    the consumer purchasing experience. Finally, the FCC seeks
                                                                    information about data—from communications service
                                                                    providers, academic researchers, consumer groups, or third-
                                                                    party analysts—that can shed light on the general state of
                                                                    consumer awareness about the purchase of communications
                                                                    services and opportunities to improve consumer welfare.
Consumer Protection,           FCC Notice of       FCC NPRM      − The Commission proposes that consumers be provided with
Avoiding Bill Shock (FCC)      Proposed                             baseline information that would allow them to control their
                               Rulemaking                           mobile costs, including:
(CG Docket Nos. 10-207 , 09-   Adopted and                         − Over-the-Limit Alerts: The FCC’s proposed rules would
158)                           Released: October                        require customer notification, such as voice or text alerts,

                                                                                                                                206
            Issue                      Date                Links                                        Summary
                                14, 2010                                          when the customer approaches and reaches monthly limits
                                                                                  that will result in overage charges.
                                                                             − Out-of-the-Country Alerts: The FCC’s proposed rules
                                                                                  would require mobile providers to notify customers when
                                                                                  they are about to incur international or other roaming
                                                                                  charges that are not covered by their monthly plans, and if
                                                                                  they will be charged at higher-than-normal rates.
                                                                             − Easy-to-Find Tools: The FCC’s proposed rules would
                                                                                  require clear disclosure of any tools offered by mobile
                                                                                  providers to set usage limits or review usage balances.
                                                                           − The FCC is also asking for comment on whether all carriers
                                                                              should be required to offer the option of capping usage based
                                                                              on limits set by the consumer.
                                                                           − The Notice also seeks comment on whether smaller providers
                                                                              and/or prepaid services should be exempted from these
                                                                              requirements or allowed extra time to implement them.
                                                                           − Comments are due December 27, 2010, and reply comments
                                                                              are due January 25, 2011.

                                                                           −   On December 20, 2010, the FCC released an Order granting a
                                FCC Public Notice   FCC PN                     petition for the extension of the comment due dates on the Bill
                                Released:                                      Shock NPRM.
                                December 17,
                                                                           −   Comments are now due January 10, 2011, and reply
                                2010
                                                                               comments are due February 8, 2011.
Consumer Protection,            NTIA Green Paper    NTIA Green Paper       −   NTIA released a green paper titled “Commercial Data Privacy
Data Privacy and the Internet   and Call for                                   and Innovation in the Internet Economy: A Dynamic Policy
(NTIA)                          Comment             NTIA Release Seeking       Framework.”
                                Released:           Comment on its Green   −   NTIA also seeks comment on this report, due Jan. 28. They
                                December 16,        Paper                      seek input on the report and ask 41 questions
                                2010
Consumer Protection,            FTC Preliminary     FTC Preliminary        −   The Federal Trade Commission issued a preliminary staff
Protecting Consumer Privacy     Report Adopted      Report                     report titled “Protecting Consumer Privacy in an Era of Rapid


                                                                                                                                          207
            Issue                     Date                 Links                                         Summary
(FTC)                           and Released:                                  Change,” based on previously-held privacy roundtables.
                                October 14, 2010                           −   The report proposes a framework to balance the privacy
                                                                               interests of consumers with innovation that relies on consumer
                                                                               information, and notes that the report was developed because
                                                                               of increased advances in data collection and data sharing as
                                                                               well as the increasing burden on consumers to protect their
                                                                               privacy.
                                                                           −   Commission staff seeks comment by January 31, 2011. The
                                                                               Commission will issue a final report in 2011 that will
                                                                               incorporate comments received. Comments can be submitted
                                                                               here.
Consumer Protection,            NSTIC              Department of           −   Commerce has announced plans to create a National Program
National Strategy for Trusted   Announced:         Commerce                    Office (NPO), to be housed under the National Institute of
Identities in Cyberspace        January 7, 2011    Announcement                Standards and Technology, that will coordinate federal
(NIST)                                                                         activities needed to implement the National Strategy for
                                                   Draft National              Trusted Identities in Cyberspace (NSTIC).
                                                   Strategy for Trusted    −   The NPO intends to create a verified Internet ID that will aim
                                                   Identities in               to reduce cybersecurity vulnerabilities and will advance “the
                                                   Cyberspace                  ability to authenticate individuals, organizations, and the
                                                                               underlying infrastructure, such as servers and routers,
                                                                               involved in sensitive online transactions.”
                                                                           −   This unique ID would ideally be secure and interoperable,
                                                                               decreasing the amount of private information that must be
                                                                               revealed during online transactions.
                                NSTIC Released:                            −   Participation is voluntary, and those that decide to participate
                                April 15, 2011                                 will have to follow Commerce security and privacy rules.
                                                                           −   The press release notes the NPO priorities to “build consensus
                                                                               on legal and policy frameworks necessary to achieve the
                                                                               NSTIC vision” and to “work with industry to identify where
                                                                               new standards or collaborative efforts may be needed,” among
                                                                               others.
                                                   National Strategy for

                                                                                                                                          208
Issue         Date                  Links                                         Summary
                            Trusted Identities in   −   The Administration released its National Strategy for Trusted
                            Cyberspace                  Identities in Cyberspace (NSTIC).
                                                    −    The NSTIC envisions an “Identity Ecosystem” where
                                                        individuals and organizations can obtain a trusted
                                                        interoperable credential, increasing trust among parties that
                                                        follow standards to obtain and authenticate their digital
                                                        identities, and the digital identities of devices.
                                                    −   Short- and long-term benchmarks (pgs. 40-41) show that the
                                                        Administration plans to have the Identity Ecosystem at “initial
        NSTIC NOI                                       operating capacity” within three to five years, and that after 10
        Released: June 8,                               years, “the primary benefits of the Identity Ecosystem should
        2011                                            be realized and it should be fully available to those who
                                                        choose to adopt it,” and should be self-sustaining at this point.
                                                    −   The plan emphasizes that “the government will neither
                                                        mandate that individuals obtain an Identity Ecosystem
                                                        credential nor that companies require Identity Ecosystem
                                                        credentials from consumers as the only means to interact with
                                                        them.”
                            NSTIC NOI
                                                    −   NIST released an NOI on potential governance models for
                                                        NSTIC.
                                                    −   Specific comment is sought on the establishment, structure,
                                                        and function of the NSTIC governing body (referred to as a
                                                        private industry-led “steering group” in the NOI) that will
                                                        administer processes and standard development of the Identity
                                                        Ecosystem Framework (defined as the “overarching set of
                                                        interoperability standards, risk models, privacy and liability
                                                        policies, requirements, and accountability mechanisms that
                                                        govern the Identity Ecosystem.”)
                                                    −   NIST also goes out of its way to note that comment is not
                                                        being sought on topics the NSTIC governing body should
                                                        choose to focus on – these topics will be considered at a later
                                                        time

                                                                                                                    209
            Issue                  Date                 Links                                       Summary
                                                                      −    Comment is due on this request by July 22, 2011 and should
                                                                           be submitted via email to nsticnoi@nist.gov.
Consumer Protection,         FCC Public Notice   FCC PN               −    The FCC released a Public Notice announcing that the
Consumer Advisory            and CAC                                       Consumer Advisory Committee (CAC) has been rechartered,
Committee (FCC)              Renewed Charter     CAC Renewed               and requesting applications for membership.
                             Released: January   Charter              −    Under its renewed charter, the CAC’s mission remains to
                             11, 2011                                      make recommendations to the FCC regarding consumer issues
                                                                           within the jurisdiction of the Commission and to facilitate the
                                                                           participation of consumers (including people with disabilities
                                                                           and underserved populations, such as Native Americans and
                                                                           persons living in rural areas) in proceedings before the
                                                                           Commission. Topics to be addressed by the CAC include
                                                                           consumer protection and education, access by people with
                                                                           disabilities, and impact upon consumers of new and emerging
                                                                           technologies.
                                                                      −    The CAC also seeks applications for membership. Chairman
                                                                           Genachowski will appoint the members of the
                                                                           CAC. Members are required to commit to a 2-year term, be
                                                                           prepared to attend three one-day meetings in Washington,
                                                                           D.C. during 2011, and are expected to take part in at least one
                                                                           working group or subcommittee.
                                                                      −    To apply for membership an applicant must postmark or
                                                                           transmit their application no later than 11:59 P.M. ET,
                                                                           February 11, 2011.
                                                                      −    The PN estimates that nominations will be announced in the
                                                                           Federal Register in late February or March, and that the first
                                                                           CAC meeting will follow in March or April of 2011.
Consumer Protection,         NIST Green Paper    NIST Green Paper:    −    The task force was directed to look at establishing practices,
Internet Policy Task Force   and Request for     Cybersecurity,            norms, and ground rules that promote innovative uses of
(Commerce) UPDATED           Comment             Innovation and the        information in four key areas where the Internet must address
                             Released: June 9,   Internet Economy          significant challenges:
                             2011                                         − Enhancing Internet privacy
                             Federal Register:   Federal Register

                                                                                                                                      210
Issue         Date      Links                              Summary
        June 15, 2011               − Improving cybersecurity
                                    − Protecting intellectual property
                                    − Ensuring the global free flow of information
                                −   The two guiding principles for the task force are trust and a
                                    commitment to multi-stakeholder policymaking as a tool for
                                    adapting to the dynamically changing nature of the Internet




                                                                                               211
            Issue                   Date                Links                                 Summary
Standards & Intellectual
            Property Rights
Standards & Intellectual      NSTC                NSTC Charter   −   The Subcommittee’s purpose and scope
Property Rights,              Subcommittee on                        − Operating under the authority of the NSTC’s Committee
National Science &            Standards Charter                         on Technology and OMB’s Office of Information and
Technology Council (NSTC)     Released:                                 Regulatory Affairs, to examine issues not addressed in the
Technology Committee’s        September 14,                             NTTAA and OMB Circular A-119:
Subcommittee on Standards     2010                                      − How to best engage government agencies in standards
                                                                             policy issues
                                                                        − How to articulate the U.S. model of public-private
                                                                             cooperation in standard setting to domestic and
                                                                             international audiences
                                                                        − How to develop increased awareness within the
                                                                             Federal government of best practices in addressing
                                                                             standards policy issues
                                                                 −   The Subcommittee’s functions:
                                                                     − Address standard setting and implementation in connection
                                                                        with government operations
                                                                        − Coordinate a federal government-wide effort to clarify
                                                                             how standards can be used to improve procurement
                                                                             processes and policy goals
                                                                        − Create interagency groups that promote voluntary,
                                                                             consensus-based standard setting to the international
                                                                             community
                                                                        − Enabling “technology development and innovation”
                                                                        − Provide guidance on how the U.S. government can
                                                                             promote the value of standards-related best practices in
                                                                             areas of national concern while not seeing to alter their
                                                                             “commitment to diversity of standard setting
                                                                             approaches” currently in use.
                                                                 −   That the Subcommittee will seek “ad hoc” advice from non-
                                                                     government entities to the extent it is consistent with the

                                                                                                                                 212
Issue         Date                 Links                                     Summary
                                                       Federal Advisory Committee Act (FACA)
                                                   −   That the Subcommittee will expire on December 31, 2012
                                                       unless renewed.

        NIST Request for    NIST RFI               −   The RFI sought information on the standards-setting process
        Information                                    and reasons for participation in it; perspectives on the
        Published in        Extension of Comment       government’s approach to standard activities; issues
        Federal Register:   Due Date                   considered during the standards setting process; adequacy of
        December 8, 2010                               resources; and process review and improvement metrics.
                                                   −   Comments are due March 7, 2010.

        TIA Comment         TIA Comment            −   Standards are a powerful tool for organizations of all sizes,
        Filed: February                                private and governmental, and support innovation as well as
        22, 2010                                       increased productivity.
                                                        − For governmental entities, the ability to partake in
                                                            voluntary consensus standard development has many
                                                            benefits and is consistent with goals of the U.S.
                                                            Government as reflected in the National Technology
                                                            Transfer and Advancement Act and OMB Circular A-
                                                            119.
                                                        − Because standardization is a form of economic self-
                                                            regulation, it can relieve the government of the
                                                            responsibility for developing detailed technical
                                                            specifications while ensuring that voluntary consensus
                                                            standards serve the public interest, saving resources that
                                                            can be used to serve the public interest in other ways.
                                                   −   Federal agencies, as well as companies of all sizes, participate
                                                       in TIA’s standards process.
                                                   −   In order to stay relevant and effective, and to accommodate
                                                       new, innovative technical solutions that can help our members
                                                       and others move the industry forward, TIA standards
                                                       continuously evolve and often compete with other standards in
                                                       a very dynamic global ecosystem.

                                                                                                                   213
Issue   Date   Links                                 Summary
                       −   TIA supports government efforts so that public authorities can
                           more easily acquire ICT services, applications and products
                           that meet their specific requirements.
                       −   As a practical matter, TIA does not believe it is possible to
                           have a single coordinating point in the U.S. Government for all
                           technical standards areas, and indeed this could have the
                           unintended consequence of slowing down standardization and
                           technological innovation.
                       −   TIA also believes that the U.S. Government serves an
                           important role in terms of advocating the "multiple path"
                           approach to developing international standards, raising
                           concerns when there may be trade-related or other standards
                           issues that arise among different nations and as a stakeholder
                           in the standards development process in technology areas
                           where it has a specific interest.
                       −   It should be recognized that U.S. industry competitiveness
                           depends on standardization, particularly in sectors such as ICT
                           that are dynamic and technology-driven.
                            − The success of the standards produced by an ICT SDO
                                 should not be based upon processes or procedures, but
                                 rather should primarily be a result of a number of market-
                                 based ICT factors (such as responsiveness to different
                                 customer needs, effectiveness of the standard and
                                 associated technologies, etc.) that impact ultimate
                                 acceptance by industry.
                            − Within the ICT sector multiple standards are often needed
                                 within the same technology area in order to provide
                                 choice, address different user requirements, or respond to
                                 marketplace needs (such as home networks, cellular
                                 standards, database access models, document formats,
                                 Web programming models, and digital image and media
                                 formats).
                       −   TIA supports reasonable and non-discriminatory IPR polices.

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            Issue                      Date                Links                                  Summary
                                                                        −     TIA encourages the early disclosure of essential patents,
                                                                              but does not mandate disclosure and does not require the
                                                                              making of a search for patents.
                                                                   −   While the notion of patents being “free to use freely” is
                                                                       superficially attractive, like most “free” things, it comes at a
                                                                       cost.
                                                                   −   TIA believes that mandating the ex ante disclosure of specific
                                                                       licensing terms within such standards bodies would have a
                                                                       chilling effect on participation, contributions and the resulting
                                                                       standards.
                                                                        − As a result of its RAND policy, TIA has only experienced
                                                                              a single related appeal in the history of its existence.
                                                                   −   It is important that Federal agencies appreciate the importance
                                                                       of involvement in standard development, and the resulting
                                                                       benefits of participation as described above.
                                                                   −   To evaluate the effectiveness of a standard, the market shares
                                                                       of the goods or services based on the standard should be
                                                                       considered.
Standards & Intellectual         FTC Request for     FTC RFI       −   The Federal Trade Commission announced details on a forum
Property Rights,                 Information                           to address competition issues in standards-setting. During our
Federal Trade Commission         Released: May 13,                     recent May 3 meeting with FTC, this event was discussed.
Inquiry into Standards-Setting   2011                                  − The forum’s purpose is to “examine the legal and policy
Patent-Holdup                                                               issues surrounding the competition problem of ‘hold-up’
                                                                            when patented technologies are included in collaborative
Project No. P11-1204                                                        standards.”
                                                                       − The workshop will be held June 21, in the Conference
                                                                            Center of the FTC (601 New Jersey Avenue, N.W.,
                                                                            Washington, D.C.).
                                                                   −   The FTC also seeks comment on a number of issues:
                                                                       − Disclosure of Patent Rights in an Standard Setting
                                                                            Organization (SSO)
                                                                       − The RAND Licensing Commitment


                                                                                                                                   215
Issue          Date             Links                             Summary
                                            − Ex Ante Disclosure and/or Negotiation of Licensing Terms
                                        −   Comment is due June 14 in order to be considered for the
                                            workshop.
        TIA Comment
        filed: June 14,   TIA Comment   −   TIA has never received any complaints regarding “patent hold-
        2011                                up” as defined by the FTC and does not agree that “patent
                                            holdup” is plaguing the ICT standard development processes.
                                        −   TIA believes that the FTC is presuming that “patent hold-up”
                                            is a widespread and fundamental problem, without considering
                                            the practical experiences of SSOs such as TIA
                                        −   TIA does not believe that “patent hold-up” occurs simply when
                                            two parties, in negotiating a bi-lateral agreement, disagree on
                                            licensing terms. Defined too broadly, many instances of
                                            innocent and fair activity on the part of patent holders could be
                                            mislabeled as “patent hold-up.”
                                        −   TIA urges the FTC to view “patent hold-up” under a much
                                            narrower scope that reflects the realities of standards-related
                                            patent licensing as opposed to taking a more theoretical
                                            approach, and to thus limit “patent hold-up” to instances where
                                            the holdup is clearly due to intentional and deceptive conduct
                                            supported by substantial and substantive evidence
                                        −   Based on lengthy experience in developing standards and
                                            knowledge of standards and patent policies globally, TIA has
                                            concluded that successful international standardization policies
                                            are marked by certain general characteristics where these
                                            patent policies:
                                            − Apply to those directly participating in the technical
                                                 standardization
                                            − Balance the interests of all stakeholders
                                            − Interests of all stakeholders RAND return on their
                                                 innovation
                                            − Encourage bilateral negotiation of licensing terms between


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           Issue                Date                Links                                  Summary
                                                                      licensor and licensee outside of the standardization process
                                                                 − Provide for reciprocity when a license is offered to a
                                                                      licensee
                                                             −   TIA does not believe there is a need to define RAND. RAND
                                                                 has been adopted by standards organizations as a flexible
                                                                 approach to the inclusion of patented intellectual property in
                                                                 consensus-based standards
                                                             −   Not only has RAND been proven to work, the fact that it is the
                                                                 most common model used across SSOs makes it easier for
                                                                 standards to be exchanged from one SSO to another. Changes
                                                                 to the current RAND framework, regardless of how well
                                                                 intentioned, could easily disrupt this framework and the
                                                                 flexibility and balance that has been achieved among the
                                                                 various stakeholders
                                                             −   TIA believes that mandating the ex ante disclosure of specific
                                                                 licensing terms within such standards bodies would have a
                                                                 chilling effect on participation, contributions and the resulting
                                                                 standards.
Other
Other,                    FCC Public Notice   FCC PN         −    The Commission sought to review biennially its regulations
2010 Biennial Review of   Released:                               “that apply to the operations or activities of any provider of
Telecommunications        December 30,                            telecommunications service,” and (2) to “determine whether
Regulations               2010                                    any such regulation is no longer necessary in the public
                                                                  interest as the result of meaningful economic competition
CG Docket No. 10-266                                              between providers of such service.”
                                                             −    The Commission is directed to repeal or modify any
                                                                  regulations that it finds are no longer in the public interest.
                                                             −    Comments were due January 31, 2011; reply comments were
                                                                  due February 22, 2011.

                          TIA Reply           TIA Comments   −   TIA offers support to the proposal from the Administrative
                          Comments Filed:                        Council for Terminal Attachments (ACTA) for the


                                                                                                                              217
           Issue                      Date                  Links                                       Summary
                                February 22, 2011                            Commission to increase enforcement of Part 68 rules.
                                                                        −    TIA member companies take seriously, and expend resources
                                                                             to ensure strict compliance with, Part 68 rules and wish to
                                                                             note the anti-competitive effects non-enforcement of these
                                                                             rules will continue to have.
                                                                        −    To encourage compliance, TIA suggests: (1) diligent
                                                                             enforcement efforts against violators of Part 68 rules; and (2)
                                                                             issuance of an Enforcement Advisory as soon as possible.
Other,                          FCC 15th Report      FCC Report         −     Pursuant to the Communications Act, the FCC is required to
Annual Mobile Wireless          Adopted: June 24,                             produce an annual report on the state of competition in the
Competition Report              2011                                          mobile services marketplace.
                                Released: June 27,                      −     Analyzes mobile wireless service market conditions during
WT Docket No. 10-133            2011                                          2009 and 2010, including “competitive market conditions
(Terminated); FCC 11-103                                                      with respect to commercial mobile services” as required by
                                                                              the Act.
                                                                        −     The Report makes no formal finding as to whether there is, or
                                                                              is not, effective competition in the industry. Rather, given the
                                                                              complexity of the various inter-related segments and services
                                                                              within the mobile wireless ecosystem, the Report focuses on
                                                                              presenting the best data available on competition throughout
                                                                              this sector of the economy and highlighting several key trends
                                                                              in the mobile wireless industry.
Other,                          DOE Proposed         Federal Register   −     DOE proposes that for its purposes, a single definition be
Energy Conservation Program     Determination                                 used to define the phrase “set-top boxes and network
for Consumer Products and       Published to the                              equipment” as “A device whose principle function(s) are to
Certain Commercial and          Federal Register:                             receive television signals (including, but not limited to, over-
Industrial Equipment: Set-Top   June 15, 2011                                 the-air, cable distribution system, and satellite signals) and
Boxes and Network                                                             deliver them to another consumer device, or to pass Internet
Equipment as a Covered                                                        Protocol traffic among various network interfaces.”
Consumer Product (DOE)                                                  −   The make this determination, DOE must find that (1) the
                                                                            classification is necessary for the purposes of ECPA, and (2)
                                                                            the average U.S. household energy measurement for such


                                                                                                                                         218
Issue   Date   Links                                 Summary
                           products is likely to exceed 100 kWh per year per 42 U.S.C
                           6292(b)(1) factors
                       −   DOE notes that it seeks comment specifically on:
                           − Definition(s) of set-top boxes and network equipment
                           − Whether classifying set-top boxes and network equipment
                               as a covered product is necessary or appropriate to carry
                               out the purposes of EPCA
                           − Calculations and values for household and national energy
                               consumption
                           − Availability or lack of availability of technologies for
                               improving energy efficiency of set-top boxes and network
                               equipment
                       −   After receiving comment, if DOE proceeds to make a Final
                           Determination (as they note has already been made
                           preliminarily) of this classification, per their rulemaking
                           process, the agency will proceed to determine tests and
                           standards for “set-top boxes and network equipment” energy
                           conservation compliance
                       −   Comment is due July 15, 2011.




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