WASHINGTON, January 18, 2023 – Participants to the national public warning system claim that the Federal Communications Commission’s October rulemaking to improve its security and operational readiness will unduly increase resource and monetary burdens on participants. 

The national warning system is composed of the Emergency Alert System, which transmits important emergency information to affected areas over television and radio, and the Wireless Emergency Alert System, which delivers that information to the public on their wireless devices. Participation in the system is voluntary for wireless providers, but radio and television broadcasters are required to deliver Presidential alerts via the EAS. 

In the Notice of Proposed Rulemaking, the FCC sought comment on ways to strengthen the operational readiness of the warning system by requiring EAS participants to report compromises of equipment and WEA participants to annually certify to having a cybersecurity risk management plan in place. It further asked that commercial mobile service providers “take steps to ensure that only valid alerts are displayed on consumer devices,” citing several instances where false alerts were given following a system hack. 

Measures are unnecessary 

Participants argued that such measures are unnecessary in reply comments to the Commission.  

The proposals in the Notice are “unnecessary and will not meaningfully enhance operational readiness or security of EAS,” stated the National Association of Broadcasters in its comments, claiming that the Notice “presents only scant evidence of EAS equipment failures and new security threats, and thus does not justify the myriad measures proposed.” 

Furthermore, NAB claimed, the notice fails to present a clear rationale for how the Commission’s heightened situational awareness would improve EAS readiness. 

ACA Connects, a trade association representing small and mid-sized telecom and TV operators, added that the Notice identifies only two EAS security breaches in the past ten years, which, as the company said, is “hardly an epidemic.” 

Participating mobile service providers have cyber risk management plans in place already, making any separate cyber certification requirement for WEA unnecessary and likely to cause fragmentation of service-specific plans, claimed wireless trade association, CTIA. 

Increased participant burden 

The Federal Emergency Management Agency, which is responsible for national-level activation and tests of the systems, stated in its comments that it is concerned about the potential increased burden placed upon participants. 

EAS participants voluntarily and at no cost provide state and local alerts and mobile service providers voluntarily participate in WEA without compensation. FEMA argued that some stakeholders may “have difficulty justifying additional resources necessary to comply with increasing regulation.” 

The proposed reporting, certification, and cyber management obligations are far too complex for many EAS participants to implement, stated NAB, claiming that the Commission’s estimation of costs are “wildly unrealistic,” not considering additional hires such a plan would require. 

Mobile provider AT&T added that requirements for updating cybersecurity plans would divert valuable resources from the ongoing, broad cybersecurity efforts that participants engage in daily. The proposed authentication would inhibit the timely release of critical emergency alerts without completely eliminating false WEA messages, it continued.  

The Center for internet Security, however, supported the FCC’s proposed actions, claiming that it moves forward with “critically important” measures to protect the nation’s alert systems from cyber threats. 

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554

[Original PDF]

In the Matter of: Petition of City of Wilson, North Carolina, Pursuant to Section 706 of the Telecommunications Act of 1996, Seeking Removal of State Barriers to Broadband Investment and Competition Petition of Electric Power Board of Chattanooga, Tennessee, Pursuant to Section 706 of the Telecommunications Act of 1996, Seeking Removal of State Barriers to Broadband Investment and Competition

WCB Docket No. 14-115
WCB Docket No. 14-116

REPLY COMMENTS OF DAVID SHAW AND DREW CLARK OF
KIRTON McCONKIE
David Shaw
Drew Clark
Kirton McConkie
Thanksgiving Park Four
2600 W. Executive Parkway
Suite 400
Lehi, UT 84043
(801) 426-2100

September 29, 2014

The Utah Telecommunications Open Infrastructure Agency is an interlocal entity
under Utah law offering private companies the opportunity to sell ultra-high-speed broadband
services. For approximately 10 years, this platform has offered a fiber-optic “open access”
platform for private-sector broadband providers. Amidst the vibrant national debate about
municipalities offering Internet services, policy-makers should not neglect the role of “open
access” networks. Indeed, David Shaw and Drew Clark of Kirton McConkie offer these reply
comments to emphasize the strong synergies between a municipality’s obligations to serve as the guardian of its rights-of-way; the emerging opportunities for government entities to work with public-private partners in constructing or enhancing universal fiber-optic infrastructure; and the role that “open access” plays in fostering robust private-sector competition.

It is vital that public dialogue reflect an understanding of why the 11 pledging cities
participating in the Utah Telecommunications Open Infrastructure Agency – Brigham City,
Centerville, Layton, Lindon, Midvale, Murray, Orem, Payson, Perry, Tremonton and West
Valley City – value universal access to Gigabit Networks so highly.

Grass-roots dissatisfaction with low Internet speeds and high prices charged by large
cable and telecommunications companies has ramped interest in bringing Gigabit Networks to cities across the country. Google Fiber, for example, garnered extensive publicity with its “Think Big with a Gig” competition in 2010. More than 1,100 cities applied to get fiber. As is well known, the company picked Kansas City, and later Austin, Texas, and Provo, Utah. It is currently exploring potential partnerships with an additional nine cities.

But Google can’t go everywhere. That’s why more than 143 communities 1 – in states
from Alabama to Wyoming – are currently developing or considering the use of public-private
partnerships to ensure deployments for our beyond-Gigabit future.

Unfortunately, most discussions of Gigabit Networks simply continue along the
entrenched monopoly mindset. Below are important representative examples of communities
deploying open-access fiber networks.

Danville, Virginia. The filing by the National League of Cities, National Association
of Counties, U.S. Conference of Mayors, and National Association of Telecommunications
Officers and Advisors reads:

The City of Danville (population 42,996) once had the highest unemployment in the state. Their low-skilled, poorly educated population made it difficult to attract the types of industry that would sustain development in the region. While general communications access (telephone, cable TV, and Internet) was adequate for the home consumer, it was not optimized for businesses. Building a network that would help expand business opportunities as well as wire public anchor institutions was one of the key features of Danville’s approach to local economic development. The resulting open access, multiservice fiber network – nDanville –allows the city to provide direct service to schools and other city buildings as well as residential and business service. The network has been able to attract new businesses to the city and Danville has now gone from having the highest unemployment in Virginia to boasting a world-class technology infrastructure, revitalized downtown, new jobs, and a skilled workforce.2

Powell, Wyoming. The filing by the Coalition for Local Internet Choice makes these
important observations:

Powell exemplifies the way in which municipalities are using advanced communications systems to shrink the world and give its residents an opportunity to perform on a global platform. A South Korean venture capital firm has agreed to pay up to $5.5 million to engage 150 certified teachers in rural Wyoming to teach English to students in South Korea using high-speed video teleconferencing over Powell’s fiber-to-the-home system. The Powell fiber system will enable the Wyoming-based teachers to work from home. The company that developed this project is now planning similar projects for students in China, Japan, and Taiwan. The project has been so successful that the City was able to acquire full ownership of the project 18 years ahead of schedule.3

Utahns along the Wasatch Front can take pride in the role that the open-access Utah
Telecommunications Open Infrastructure Agency (“UTOPIA”) has played in bringing Utah to
the forefront of broadband innovation. Together with UTOPIA’s retail Internet service
providers – 17 of whom are currently available on the UTOPIA network – the speeds of
UTOPIA service are second to none, anywhere in the country.

With the right public-private partnership, the communities of the Utah cities along the
Wasatch Front will be well-prepared for future economic development.

A public-private partnership is a way of leveraging government resources without
incurring the expense of going to the capital markets and incurring more debt. Public-private
partnerships also give governments a means of ensuring “asset performance,” since payments to the private entity are based on fulfillment and performance. Such normal burdens as labor issues, debt and managing costs fall to the private partner.

Under the public-private partnership model, municipalities have oversight responsibility, but no direct day-to-day role in the build-out and operations of the network. A public-private partner becomes the network operator and wholesaler, overseen by a public entity composed of participating municipalities, to ensure that the contractually agreed performance standards are achieved. The network remains an open access network, with the public-private partner’s role being maximization of competition between providers on the network. The cities retain ownership of the network assets, and the public-private partner takes operational responsibility for the network over a 30-year period, effectively leasing the network from the cities.

Under the public-private partnership/”open access” model, the network operator becomes the provider of the “fiber highway” that an existing or new entrant can use to deliver data, voice, video and other services to customers. This highway is open to any provider that wishes to use it, including the incumbents.

We believe that the combination of public-private partnerships, together with “open
access,” must become a more central part of the discussion around municipal broadband.

FOOTNOTES

1 “Number of Community FTTP Networks Reaches 143,” Masha Zager, Broadband Communities, August/September 2014, pp. 10-22.

2 Comments of the National League of Cities, National Association of Counties, U.S. Conference of Mayors, and National Association of Telecommunications Officers and Advisors, FCC Docket 14-115, FCC Docket 14-116, August 29, 2014. (Internal citations omitted.)

3 Comments of the Coalition for Local Internet Choice, FCC Docket 14-115, FCC Docket 14-116. August 29, 2014. (Internal citations omitted.)

WASHINGTON January 17, 2012 – BroadbandBreakfast.com kicked off a new year of the Broadband Breakfast Club fresh off the heals of the Consumer Electronics Show in Vegas with a Breakfast on “The Wired Home and Wired Policy” featuring the Presidents of four major technology and telecommunications trade associations and the Wireless Telecommunication Bureau Chief of the Federal Communications Commission, Rick Kaplan.

Event Highlights

Complete Program

As Kaplan stated right out off the bat, we “can’t escape the impact of mobile broadband on mobile technology.”  The US, Kaplan said, is the leader in world mobile, but, “we should not be satisfied with being today’s leader in mobile, this sector is moving so fast we must be equipped with an aggressive and forward- looking game plan to maintain our world leadership.”

Kaplan noted that the three elements of any plan to keep the US at the forefront of the mobile revolution include 1) maintaining a strong infrastructure for continued deployment, 2) ensuring healthy competition in the marketplace and 3) achieving universal broadband adoption.

Kaplan decided to focus on the first element of spectrum infrastructure.  He noted that spectrum incentive auctions have the potential to free up 120MHz of the 500MHz that will be needed over the next 10 years.  The question is, whether Congress will pass the legislation giving the FCC authority to free up this spectrum:

“In Congress there are two sticking points holding up the legislation, the first is whether some spectrum cleared will be earmarked for licensed as well as unlicensed use and second, whether Congress should take this opportunity to circumscribe the FCC’s authority to foster competition in the market place through auctions,” stated Kaplan.

While the wireless bureau does not have authority over unlicensed spectrum, Kaplan noted, it is clear that the value of unlicensed use is huge. He continued by adding that the FCC recognizes every wireless provider is going to need more spectrum.  Stripping the FCC of authority to manage spectrum and allowing one or two companies to own all the most valuable spectrum would be the demise of our mobile leadership.

Kaplan closed out his comments by stating that incentive auctions are only part of the plan to get us to 500MHz of new spectrum and added that there are three other areas, as important as incentive auctions, that will get us to our mobile goals.

“First we must identify and lock up the last few quick and lasting spectrum wins available,” Kaplan pointed to the 1755-170MHz band as well as the 2GHz band.  Reassessing band plans and shifting bands will be essential to unlocking additional previously undervalued spectrum.

Second, Kaplan said that we need to be open to new models for opening up spectrum. “A shift in mindset must be made to accept the notion that spectrum bands can and must be shared between and among commercial and federal users.”

Third, Kaplan suggested that we need to tackle those legacy systems not making the most of the spectrum in use.

Kaplan then joined the panel of trade association presidents including Fred Campbell, President & CEO of Wireless Communications Association International (WCAI), Walter McCormick, President & CEO, USTelecom, Grant Seiffert, President, Telecommunications Industry Association (TIA), and Gary Shapiro, President & CEO, Consumer Electronics Association (CEA).  Drew Clark, Chairman and Publisher of Broadbandbreakfast.com moderated the discussion.

Clark began the discussion by asking Shapiro about his impressions of the Consumer Electronics Show.  Shapiro noted that there were an overwhelming number of new devices and technologies that used spectrum and assumed the availability of mobile broadband.  Smart phones use 25 times the data stream that regular cell phones use and tablets use 120 times as much.  Of the 20,000 new products at CES, stated Shapiro, “half of them assumed there will be sufficient spectrum to work in the future and that assumption seems to be increasingly flawed.”

Clark asked the panelists to comment on the integrated aspect of the world we live in where wireless towers are fed by wires. McCormick from USTelecom pointed out that in order “to get capacity for all of the new devices in the wired home we need to get wired info out as close to the end user as possible.  Over 99% of all wireless communications connect with wired infrastructure.  We know wireless communications are slated to grow 26 fold over the next 5 years.  The only way to have the needed robustness in the wireless world is to have continued investment in fiber based wired infrastructure.”

Seiffert from TIA expressed concerns about uncertainty in the marketplace that will lead to volatility regarding investment in his companies’ equipment and services if the spectrum issues are not resolved.  He stressed the need for Congress to get the ball rolling on passing legislation that would give the FCC authority to hold the incentive auctions.

Campbell followed up on uncertainty.  “Uncertainty is being driven by uncertainty in the way we expect people to use networks.” Campbell added, ‘it is changing very rapidly. As an example, Campbell noted that while enterprises have been using the cloud for a long time, it is becoming a bigger deal because consumers are finally beginning to adopt it for personal use. “Consumers start to adopt new usage styles and patterns that are driving demand more than anything else. Consumer adoption is going to force the industry to adapt to what they want to do.”

Clark then asked the panelists to discuss the issue of usage caps and whether people are driving their usage back to the wired home because of it.

Kaplan was blunt in saying that data caps were going to grow if more spectrum is not freed up, ‘those are the parade of horribles we are worried about.”

McCormick made an interesting point in challenging the business models that we use support our increasing need for mobile broadband.  He said that ISPs have historically depended upon a model where the end user pays.  “The questions going forward,” said McCormick, “is if more capacity is required, do you keep ratcheting up what the end user pays for the service?”

McCormick pointed to the broadcasters; he said that in our country some of the most successful businesses have been free and built on advertising models. “We talk about search engines being available for free but they are not really free they are ad supported.  The biggest challenge going forward is to come up with the right kind of business models to continue to provide the levels of capital necessary for this extraordinary deployment.”

Telecommunications companies have invested 600 billion in the past 10 years to build out their infrastructure according to McCormick.  Last year the industry spent 65 billion. This investment from the private sector, said McCormick, dwarfs the amount the government has spent on prior major infrastructure projects that have been the hallmarks of our countries development.  Another reason to think about the shape of business plans going forward, is whether they are going to result in providing consumers with the value that they want, without loading every single cost onto the end user.

Campbell also made an interesting point about partnerships and future integration between wired and wireless networks.  He said, that consumers want multiple screens and they want them all to connect.  Consumers are asking how big a screen do I need, what do I need to do with that screen and how mobile do I need it to be.  The fact that the screens themselves are becoming so interchangeable, noted Campbell, means that there has to be a lot more integration between the wired and the wireless networks that support the different screens.

Moderator Drew Clark returned to the topic of the spectrum auctions and legislation in congress.

Kaplan reiterated that there is a bipartisan bill currently in the Senate that seeks to preserve the flexibility that the FCC has had for years.  He reiterated his point from earlier that not all spectrum is created equal and that unlicensed spectrum use has been extremely valuable in fueling innovation and assisting in the convergence between wired and wireless.

Campbell added some thoughts on the topic of unlicensed vs. licensed uses; he believes that white spaces in the DTV spectrum would be different than other unlicensed uses that tend to be shared, or in bands with some other primary service, and that were typically viewed as a short range consumer type of service.  “White spaces in the DTV band can play a longer-range roll,” he said, mentioning hotspot 2.0 as an example. Campbell thinks that whitespaces in these bands can be extremely valuable.  He pointed out that the FCC does not look at unlicensed potential when it does an aggregated spectrum analysis.

When asked about restricting entities from participating in an auction, Kaplan explained that everyone needs spectrum.  The FCC needs to find a way to free up as much spectrum as possible so that every company can get access.  He added that the FCC would make sure that no one would be locked out of an auction, the flipside concern however is that there will be no constraint on the amount of spectrum any one company can obtain.  That, he said, is a question for public debate.  Without FCC authority to monitor auctions we might end up with a result that nobody wants, it is the competitive aspect of the marketplace today that has led to the incredible innovation that exists.

Regarding progress in getting the government to reallocate spectrum bands for more efficient use, Kaplan applauded the NTIA for doing a very good job having been assigned an incredibly difficult task.  Kaplan heeded that the “reality is that we are not going to be able to keep clearing swaths of spectrum for mobile broadband use.”  We must figure out a way to share spectrum and that is where the next focus should be.

Clark posed another question to the speakers about the wired home. “Consumers aren’t using the high bandwidth applications that fiber is capable of yet they are using their wireless devices to the nth degree and running into capacity issues, with regard to the home what are you hearing about the applications people want to use in the home?”

“Downloading a movie to watch on your iPad takes a while,” said Shapiro.  He believes that consumers do not really think about the underlying issues, they just want what works the best.  Shapiro suggested that many wireless solutions do not have a great history of success with audio and video for example, he added that they might not always work the way people expect them to work.

Shapiro also explained the switch from internet protocol 4 to internet protocol 6, “what this allows is a lot of machine to machine communication.”  These communications can tackle issues of home safety, medical monitoring and energy efficiency.  Those devises do require greater bandwidth that is flowing all the time.

McCormick agreed that the type of Apps needed for medicine are larger and can only be supported through fiber.

When asked about policy issues that will support greater fiber and broadband investment, McCormick said that competition drives investment. “It is important that those that invest in broadband are free to offer over broadband everything that they can offer…the government should look at their interest in competition as being aligned with what government policies best support investment.”