Documents
FCC's 'Findings' in Order Against Comcast's Network Management Practices
WASHINGTON, August 1 – The following are the six “findings” of which the Federal Communications Commission found Comcast guilty. As is standard practice for the agency, no written document encapsulating these charges was publicly released.
Findings
At the Federal Communication Commission’s open meeting in August, Dana Shaffer, FCC Wireline Bureau chief, read aloud the following “findings” against Comcast. As is standard practice for the agency, no written document encapsulating these charges was publicly released. Shaffer said the written order would be released “soon.”
-Drew Clark, Editor, BroadbandCensus.com
The findings:
- 1. Comcast’s network management practices discriminate among applications and protocols. It uses deep packet inspection.
- 2. Comcast’s practices are not minimally intrusive, but are invasive, and have significant effect.
- 3. Comcast has blocked content and significantly interfered with person’s ability to access applications and content of their choice.
- 4. Comcast’s practices do not constitute reasonable network management practices.
- 5. The economic harms have been compounded by Comcast’s failure to disclose its practices.
- 6. Comcast’s practice contravenes federal internet policy, and limits consumers’ ability to access the lawful internet content of their choice.
Article Reference by this Article:
FCC Hammers Comcast For Deception and Unreasonable Internet Practices (BroadbandCensus.com, August 1)
Copyright
Cable From U.S. Embassy In Beijing Reveals U.S. Perspective on Trade Relationship
For all of the tough talk coming out of Congress as the United States and China embark on a high profile trade summit today, a confidential memo sent by U.S. Ambassador Jon M. Huntsman at the beginning of 2010 illustrates how the fortunes of the two countries have changed in modern times, and how the leadership of the United States is scrambling for innovative ways to readjust as its economic clout fades.
For all of the tough talk coming out of Congress as the United States and China embark on a high profile trade summit today, a confidential memo sent by U.S. Ambassador Jon M. Huntsman at the beginning of 2010 illustrates how the fortunes of the two countries have changed in modern times, and how the leadership of the United States is scrambling for innovative ways to readjust as its economic clout fades.
The memo, dated January 28, 2010, appears to be addressed to various arms of the United States government, including White House advisors David Axelrod and Larry Summers, who at the time was the Director of the National Economic Council.
The document acknowledges that China’s market was the only source of growth for many American companies in 2009, and ponders the wisdom of aggressive retaliatory measures against China for not strictly protecting U.S. intellectual property rights, and for implementing policies that favor Chinese companies at the expense of American ones in China.
Huntsman, the memo’s author, makes clear that maintaining a healthy U.S.-China relationship is a difficult balancing act and that the results of this week’s trade summit in the U.S. will be a key marker in the ongoing and increasingly rocky trade relationship between the world’s two most powerful nations.
“We face a challenging year ahead in U.S.-China relations,” Huntsman wrote this January. “Ten percent U.S. unemployment coupled with our huge trade deficit with China, China’s increasing use of industrial policies to restrict market access, and an undervalued RMB, will bring greater tension to bilateral ties. The Google case adds fuel to the fire.
“In this context, it is critical that we find ways to better advance our bilateral economic policy. This will require sustained, focused interaction on a daily basis with the Chinese, but also serious thinking about what can be best accomplished in the run-up and at the key meetings like the S&ED and JCCT. We need to find ways to keep the relationship positive, but even more important to ensure the American worker, in particular, reaps the benefits of our bilateral economic engagement.”
“S&ED” refers to the U.S.-China Strategic and Economic Dialogue, an annual meeting between the U.S. Secretary of State and Treasury Secretary with their Chinese counterparts. It was established by U.S. President Barack Obama and Chinese President Hu Jintao to address key issues between the two countries such as trade, currency policy, the U.S.’ borrowing obligations to China, climate change and global monetary policy and politics.
“JCCT” refers to the US-China Joint Commission on Commerce and Trade, the commission that is meeting today to discuss and iron out trade issues.
Huntsman’s memo, made available online via Wikileaks late last week, presents Obama Administration officials with various policy options and their risks, and proposes practical ideas on how to engage the Chinese government, business sector and Chinese citizens with the United States.
Huntsman sketches out several areas in which the U.S. government can smooth the way for U.S. businesses to expand their operations abroad, and for the Chinese to expand their operations and to invest in the United States.
He suggests, for example, expanding public-private sector partnerships modeled on the Aviation Cooperation program. The program now has 40 U.S. corporate members and has sponsored training for more than 100 Chinese aviation professionals, and has introduced U.S. firms and technology throughout China’s aviation industry and regulatory structure.
He also suggests reaching out to U.S. state economic development programs during the National Governors’ Association annual meeting and connecting those programs to their counterparts in China.
In addition, the U.S. government should make more information about business opportunities available on the internet in Chinese, he said.
“We should create many more Chinese language web sites that are directed at key secondary and tertiary cities in China,” Huntsman recommended. “The more we facillitate access to information about American business opportunities — whether through a national database or enhanced state and local databases — the better. We believe thinking local, start-ups and grassroots first is the preferable way to go in using the Internet.”
Huntsman also made a list of recommendations on expanding tourism and educational travel for Chinese citizens in the United States, as well as relaxing export controls for “commercially-important technology.”
These are just a few of the many ideas the former Republican governor of Utah laid out for Obama Administration officials back in the United States as he contemplated the politics of the U.S.-China trade relationship.
“Recent issues related to indigenous innovation, express delivery and online-music content, for example, underscore that USG complaints about discrimmintory policies — absent a credible threat of retaliatory action or other leverage — are falling on increasingly deaf Chinese ears,” he reported in the January 2010 cable. “China’s relatively strong economic position in the wake of the global financial crisis has intensified that trend, as has Chinese hubris that it can call the shots and determine the playbook under which it operates without disclosing the same to foreign firms. While WTO dispute settlement has worked well when applied, many of the problems we face in China’s market do not fall within WTO disciplines.”
The ideas in the document, and the alternative path and tone it offers as a way to engage the Chinese, provides a striking contrast to the harrying rhetoric on Capitol Hill. U.S. lawmakers are growing increasingly impatient with the Chinese government as it unilaterally forges ahead with its growth in the global economy.
The U.S. Congress in 2010 has commissioned various in-depth fact-finding reports that are severely critical of the way China has impeded access to its market for U.S. companies with its indigenous innovation policies. The reports also document China’s efforts to require U.S. companies to share and ultimately transfer their intellectual property to local Chinese companies in joint ventures.
Last week, a group of 30 U.S. senators sent a letter to Chinese Vice Premier Wang Qishan to urge him to make progress in resolving some of the issues at today’s trade talks.
The Obama Administration’s approach of engagement rather than enragement is the only one that will ultimately bear fruit, argues Denis Simon, a long-time China hand and professor of international relations at Penn State University.
“I believe that we are going to be embarked on a trade war with China – I believe that it’s almost inevitable unless cooler heads do not prevail,” Simons said.
“The problem is that the United States is not prepared to recognize that the landscape, that the global innovation system is changing, and that the Chinese position in this system is not where it was 30 years ago,” he said. “China is in a much stronger position, it has much stronger market leverage, and we have to accept that we have to accommodate China in a way we have been unprepared to.
If we don’t understand how to develop a better working relationship with the Chinese, then we’re going to have absolutely no leverage whatsoever with China, and I would argue that we’re putting ourselves in a corner in which we’re not going to be able to call their bluff.”
Editor’s Note: The Intellectual Property Breakfast Club will hold a February 8, 2011 breakfast panel at Clyde’s in downtown Washington DC on China and IP. To register for this FREE event, click here.
Join us for a stimulating, high-level discussion!
Broadband Data
Study: FCC Could Improve Data Collection Practices
WASHINGTON, March 2, 2010 – The Federal Communications Commission could do a better job of collecting and managing the information it gathers from consumers, businesses and other entities, according to a new Government Accountability Office report.
WASHINGTON, March 2, 2010 – The Federal Communications Commission could do a better job of collecting and managing the information it gathers from consumers, businesses and other entities, according to a new Government Accountability Office report (pdf).
According to GAO’s review of 30 information collections conducted by the FCC, the agency’s bureaus and offices collect and manage information in many different ways. For example, FCC collects and manages 14 of the 30 information collections electronically, while it collects and manages some information in paper format. FCC disseminates information from 11 of the 30 information collections on its Web site, while it disseminates some information upon request, but in a redacted format.
It gathers information on a wide variety of subjects, and the FCC estimates that it receives nearly 385 million responses with an estimated 57 million burden hours associated with the 413 collection instruments it uses.
Some of the information it gathers are company filings such as television station ownership, consumer complaints and company financial and accounting performance.
The study found some weaknesses in the way it treats the gathered information. For example, GAO recently reported that FCC rarely includes the text of a proposed rule in its Notice of Proposed Rulemaking. Stakeholders agreed, according to the GAO, that FCC does not initially specify the information that it wants to gather in the notice; the lack of specificity makes it harder for stakeholders and the public to provide meaningful input on the proposed information collection instrument.
The FCC responded to the report prior to its public release in a letter, which the GAO included at the end of the report. The agency said its chairman, Julius Genachowski, has made” modernizing and reforming the FCC’s data management processes a priority.” Additionally, it acknowledged that the agency’s Web site and database infrastructure are “many years out of date” and that it hopes to make upgrades. It also has launched an initiative that will combine all the functions of the many current systems into one consolidated system.
Documents
BroadbandCensus.com Posts NTIA/RUS Broadband Infrastructure Application
WASHINGTON, July 8, 2009 – One week after the release of the two Notices of Funds Availability for broadband stimulus grants, the National Telecommunications and Information Administration had not posted the online applications as of 5:15 p.m. ET, although they were promised on July 7, 2009.
WASHINGTON, July 8, 2009 – One week after the release of the two Notices of Funds Availability for broadband stimulus grants, the National Telecommunications and Information Administration had not posted the online applications as of 5:15 p.m. ET, although they were promised on July 7, 2009.
BroadbandCensus.com here posts a copy of joint application for the Broadband Infrastructure Application:
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Broadband Mapping & Data4 weeks ago
NTIA OKs Virginia’s Broadband Plan, Commonwealth Launches BEAD Challenge Process
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Broadband Mapping & Data4 weeks ago
FCC is Looking to Update its Definition of Broadband
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Fiber2 weeks ago
The High Cost of Fiber is Leading States to Explore Other Technologies
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Broadband Roundup4 weeks ago
Emergency Connectivity Funding, Comcast in Connecticut, Glo Fiber in Pennsylvania
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FCC3 weeks ago
‘It Was Graft’: How the FCC’s CAF II Program Became a Money Sink
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Funding4 weeks ago
NTIA Will Allow Alternatives to Letter of Credit for BEAD Funding in New Guidance
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Expert Opinion2 weeks ago
Ryan Johnston: What Happens to BEAD Without the Affordable Connectivity Program?
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Cybersecurity4 weeks ago
Cybersecurity Requirements in BEAD Could Shape Internet Security Regulation More Widely