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Update on Advance Posting of Commission Meeting Items

by Michael O'Rielly, FCC Commissioner
January 16, 2015 - 02:53 PM

In August, I wrote a blog post urging the Commission to post on its website the actual text of the items to be considered at our Open Meetings at the same time they are provided to Commissioners.  I made the suggestion because the inability of the public to obtain a complete picture of what is in a pending notice of proposed rulemaking or order routinely leads to confusion over what exactly is at stake.  Making matters worse, Commissioners are not allowed to reveal the substantive details to outside parties.  We can’t even correct inaccurate impressions that stakeholders may have received, and we are barred from discussing what changes we are seeking.  This barrier to a fulsome exchange can be extremely frustrating for all involved.

Despite positive feedback from people at the FCC, outside parties, Members of Congress, [1] and the general public, four months later, we have yet to post a single meeting item in advance.  Moreover, the lack of full disclosure and transparency has continued to be a problem as some parties have not been fully briefed on recent items, such as the recently adopted 911 Reliability NPRM, while others are not briefed at all. 

The reason that nothing has happened, I am told, is that there are two basic concerns with the proposal:  1) that it could be harder to comply with the Administrative Procedure Act (APA); and 2) that it could be more difficult to withhold documents under the Freedom of Information Act (FOIA).  I do not find either argument persuasive or insurmountable. 

APA

The APA requires reasoned decision-making based on full and fair consideration of the record.  That is, we need to review all of the comments and ex partes in a proceeding and respond to the substantive issues raised. 

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Expanding FCC Use of Electronic Communications

by Michael O'Rielly, FCC Commissioner
January 14, 2015 - 01:29 PM

Although a lot of work has been done over the last few years to integrate some aspects of our modern communications tools into the workings of the Federal Communications Commission, more is needed to reduce the Commission’s reliance on the United States Postal Service (USPS).  While I have no particular problem with the USPS, the right thing to do is to embrace electronic technology and set it as the default for any communication or action by the Commission, thereby saving a bit of money and promoting efficiency. 

In fairness, the Commission has been actively trying to move forward on electronic licensing.  In December, the Commission’s Wireless Telecommunications Bureau released a Public Notice, after seeking public input, announcing that, effective 30 days after publication in the Federal Register, it would implement paperless licensing.  Based on an idea raised in Chairman Wheeler’s FCC process reform effort, it was decided that the Commission would stop issuing and mailing paper licenses for current authorizations to licensees and registrants, unless an entity notifies the Commission that it still wants to receive official licenses by mail.  Under this framework, almost all electronic versions of Commission authorizations stored in two licensing systems (the Universal Licensing System and the Antenna Structure Registration System) would be deemed as official Commission documents.  Considering that the Commission issues almost half a million wireless licenses and authorizations per year at a cost of over $300,000, this could result in substantial savings.  Hopefully, the new paperless system will go into effect shortly.

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Takeaways from CES2015: Wireless Innovation, Diversity and Openness

by Mignon Clyburn, FCC Commissioner
January 13, 2015 - 10:47 AM
Tuning in at CES. Here I am outside the Gibson Guitar Tent. #CES2015. (click for larger version)
Tuning in at CES. Here I am outside the Gibson Guitar Tent. #CES2015.

Once again, I made my gadget obsessed friends green with envy by attending the International Consumer Electronics Show -- sacred ground for all who thrive on the business of consumer technologies. By the end of CES, tech journalists and casual guests have identified their favorite gadgets that were created by some of the most hyper-enthusiastic entrepreneurs you will ever meet. To be sure, that 3-D printer capable of producing a dress perfectly tailored for Mignon made the cut, but the main import of this year’s show, were the powerful messages that 3,600 exhibitors are sending about the impact of technology in our lives. Below are my top three takeaways.

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Back to Basics: Promoting Public Safety and Protecting Consumers

by Tom Wheeler, FCC Chairman
January 8, 2015 - 04:16 PM

This week, I’ve been at the Consumer Electronics Show in Las Vegas getting a sneak peak at the very latest gadgets and innovations. Enabling new technologies that delight consumers and grow our economy is one of the FCC’s top priorities. While the hottest tech trends may garner the headlines, an equally important part of the FCC’s mission is basic consumer protections. The Commission’s first open meeting of 2015 will be focused on two core responsibilities: promoting public safety and serving as an effective, accessible advocate for consumers.

Since I arrived at the Commission, one of our top public safety priorities has been improving the effectiveness of 911.  A particular area of attention has been to improve location accuracy for indoor wireless 911 calls.

When the FCC adopted its original wireless 911 rules, most wireless usage occurred outdoors. But times have changed, and so has technology. The vast majority of 911 calls now come from wireless phones, increasingly from indoors.

That is why the Commission put forth proposed new location accuracy rules last year.

The record in the proceeding tells us that there have been significant advances in technology, including technologies that have the potential to locate indoor callers by address, floor, and apartment or room number. 

The Commission has studied this problem in depth, and with public safety stakeholders, has developed a mature understanding of the range of credible options.

The four largest wireless carriers and two national public safety organizations recently submitted their own proposed “roadmap,” a novel approach that has the potential to close the readiness gap through use of known locations of indoor wireless nodes.  This approach will ultimately result in capabilities that will evolve with the continued change anticipated in the number of ways consumers might call for help in the future.

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New Consumer Help Center Is Designed To Empower Consumers, Streamline Complaint System

January 5, 2015 - 12:47 PM

The first responsibility of the FCC is to represent consumers. Facilitating consumer interface with the Commission is a major component of that responsibility. Today, we are proud to announce the launch of a new online Consumer Help Center.

The Consumer Help Center will make the FCC more user-friendly, accessible and transparent to consumers. This new capability is part of Chairman Wheeler's comprehensive review of the agency's processes and operations. A significant goal of this effort is to take advantage of advances in technology to provide better service and support for consumers, now and in the future. The new tool launched today replaces the Commission's previous complaint system with an easier-to-use, more consumer-friendly portal for filing and monitoring complaints.

We see the Help Center as a new approach to enhancing communications between the Commission and the public. In addition to being easier to use for consumers, the information collected will be smoothly integrated with our policymaking and enforcement processes. The result will be better results for consumers and better information for the agency. The insights we gain will help identify trends in consumer issues and enable us to focus Commission time, money, and resources on the issues that matter most.

Here are some key features of the Help Center:

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Notes from the Sandbox - The Rural Broadband Experiment Auction Results

by Jonathan Chambers, Chief, Office of Strategic Planning and Policy Analysis
December 24, 2014 - 09:10 AM

Recently, the FCC released a full list of bidders in the Rural Broadband Experiment auction, collected information from the low bidders on that list, and released a notice providing an opportunity for those who bid to indicate by January 6 their interest in continuing with the Rural Broadband Experiment and participating in a future auction. Over the past year, I have often been asked what we sought to learn from this experiment. Let me answer that by starting with a little history.

For decades, Universal Service – access to telephone service for all – has been an obligation of telephone companies and federal funding has been provided to help meet that obligation. In 2011, the FCC decided to move to a competitive bidding process to award ongoing support to serve rural and high cost areas in certain circumstances. The FCC has become skilled at running auctions. But the auctions we typically run are spectrum auctions, and a Universal Service reverse auction is a different animal.

So, the Rural Broadband Experiment was designed to answer questions about auctions for Universal Service funding. How should such a bidding process be structured? Who would participate? Would incumbent telephone companies cross into neighboring service territories? Would other types of entities step in – cable companies, satellite broadband, electric utilities? What types of technologies would be proposed? What amount of support would be requested? What happens if the FCC's cost model, which we are currently using to allocate universal service funding, is used to set a reserve price? Is competitive bidding for universal service funds scalable to the nation? What happens in areas where there are no bids?

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Setting the Record Straight on Open Internet Comments

December 23, 2014 - 11:22 AM

Over the past week, there have been two reports raising questions about the number of Open Internet comments that were included in a set of XML files the FCC released to the public on October 22.  We made available these XML files so members of the public could analyze the approximately 2.5 million comments filed during the reply comment period of July 19-September 15.  In light of these questions, the Commission undertook a fresh accounting of the comments, and, consistent with our commitment to transparency throughout this process, we wanted to share the results of our analysis.

Before sharing those results, we think it’s important that people understand that much of the confusion stems from the fact that the Commission has an 18-year-old Electronic Comment Filing system (ECFS), which was not built to handle this unprecedented volume of comments nor initially designed to export comments via XML. This forced the Commission’s information technology team to cobble solutions together MacGyver-style.  Thanks to these creative efforts, we have been able to accommodate the surge in comments and release the comments as XML files for the first time in the FCC’s history, but not without some glitches that we will explain in this post.

Here are some key takeaways from our inquiry:

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An Update on Process Reform Streamlining Initiatives

by Diane Cornell, Special Counsel, Office of the Chairman
December 22, 2014 - 12:10 PM

In October, I provided an update on the FCC’s efforts to reduce our backlogs.   As 2014 draws to a close, I want to provide an update on another key reform objective:  streamlining the Commission’s processes.  We have had several working groups as well as staff throughout the Commission focusing on new approaches to simplify how we do business, with the goal of improving the efficiency, effectiveness and transparency of the Commission’s work.  Just in these last few months we’ve made tremendous progress on many fronts.  A few of these initiatives are highlighted below:

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Closing the 911 Location Accuracy Gap

by Admiral David Simpson, Chief, Public Safety and Homeland Security Bureau
December 17, 2014 - 06:01 PM

Earlier this year, the Commission proposed rules to help first responders better locate indoor wireless 911 callers. The reason was clear: the vast majority of 911 calls are from mobile phones, and we are not where we need to be on location accuracy for wireless 911 calls. This puts American lives at risk and requires swift action from the FCC, from wireless carriers, and from public safety officials. Next Wednesday marks a deadline for public comments on the latest proposal we have received in this proceeding. To get this right, it is important that the Commission hear from stakeholders on many key questions.

Make no mistake, locating wireless 911 callers indoors is not easy. The technologies used to locate outdoor callers simply don’t work as well indoors. Additionally, today’s 911 location technologies can’t tell a 911 call center what floor a call is coming from.  Imagine the challenge this creates for an EMS technician when responding to a medical emergency in a 50-story skyscraper! 

First responders must be able to locate 911 callers – indoors or outdoors – quickly and accurately.  Even a few minutes of delay can cost lives. We must do better to close the gaps in our 911 safety net. And there’s good reason to think we will.

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On Risks, Breaking Past the Status Quo, and IT Transformation

by Dr. David A. Bray, FCC Chief Information Officer
December 15, 2014 - 04:01 PM

As the FCC presses forward with our plans to transform our IT systems, the question of risk is an important one. Doing anything new inherently is risky. All too often it is easier for folks to say the status quo is good enough, the challenges are too high to overcome, or there's no way to complete a project in time. Such skepticism is healthy—we should always weigh multiple perspectives when deciding the right path to take. At the same time, we must also recognize the risk of doing nothing. At a certain point, the status quo no longer will be good enough. Technology becomes obsolete, further patches on discontinued software will be unavailable, and the total cost of maintaining outdated systems will far exceed moving to something new.

As in most organizations where technology is central to their mission, it's the Chief Information Officer's job to help navigate this landscape. There are risks in embracing new IT, as there are risks in any new effort. To mitigate those risks, we have assembled a strong action plan with controls in place to monitor our progress. We will be working with the agency's stakeholders, both external and internal, to identify and meet their priority needs.

In addition, we have assembled a strong team with staff members who have strengths that complement each other. At the FCC we have a diverse team with backgrounds spanning former military veterans, former Silicon Valley startup entrepreneurs, PhD candidates at prestigious universities who opted instead to support this effort, folks who helped with early Gov 2.0 efforts, and experienced team members who have seen the FCC's IT systems evolve through the 1990s, 2000s, and the present day. This breadth of expertise helps us scan for potential blind-spots and opportunities that we might otherwise have missed as we continue our IT transformation journey.

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