Senators McCaskill & Klobuchar Understand The Biggest Problem in Telecom Policy: Changing How Policy Gets Made

If their performances at Tuesday’s Senate Hearing on Universal Service Fund Reform (USF) are any indication, I am definitely going to become a huge fan of Frosh Senators Claire McCaskill (D-MO) and Amy Klobauchar (D-MN). After listening to FCC Commissioner Deborah Tate (who chairs the Federal-State Joint Board on universal Service that oversees the Universal Service Fund) explain that USF reform has stalled because it has been impossible to get “consensus” from the industry “stakeholders,” Senator McCaskill said:

What you’re basically saying to us is the FCC is incapable of moving forward on reform unless all the people who are making money say it’s OK, and that’s hard for me to get my arms around.

Senator Klobuchar echoed similar incredulity and disbelief.

I hope these two maintain that sense of disbelief and outrage. Because the ideas espoused by Tate on the proper role of the FCC and Congress have become so embedded in telecom policy that even friends of the public interest take it as a given.

But hopefully, thanks to McCaskill, Klobuchar, and the other progressive “freshmen,” that may change.

More below . . .

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700 MHz Auction Update — FCC Republicans Interested In Public Interest Proposals While Senate Democrats Take a Pass.

Welcome once again to the topsy-turvy land of spectrum politics. Although Republican FCC Chair Kevin Martin shattered expectations by seeking comment on the Public Interest Spectrum Coalition (PISC) proposals for the 700 MHz auction, the Senate Democrats have decided to avoid having anyone from the public interest discuss the auction at next Thursday’s (June 14) hearing. In other words, despite my hope to the contrary, the Democratic Senate Commerce Committee is still playing spectrum politics under the old rules (treating this as an industry food fight and a chance to raise revenue), rather than using this as a chance to promote a robust public debate on how to ensure that wireless auctions promote competition and serve the public interest.

As a result, when the Senate Commerce Committee gathers to ask how the 700 MHz wireless auction can introduce new competitors for broadband and facilitate the open networks critical for civic engagement and innovation, they will hear from Mr. Dick Lynch of Verizon Wireless, Mr. Michael Small of Centennial Communications Corporation, and Dr. Amol R. Sarva of the Wireless Founders Coalition For Innovation. While Verizon has supported anonymous bidding, and the Wireless Founders Coalition supports open access, that hardly takes the place of having actual public interest representatives up there to press for real spectrum reform regardless of the impact on business models or bottom lines. As I say all too often (everyone repeat together) citizen movements must be citizen driven, and that includes giving us folks pushing the public interest an opportunity to speak rather than relegating us to the side-lines because corporate interests overlap with ours.

More below . . . .

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Open Mouth, Insert Foot, and Hopefully Learn Lesson.

Generally, I try to limit myself to talking about things I know about and recognize what I don’t know about. But, like most of us, I occassionally think I know more than I do. Such is the case of my recent comment in ComputerWorld about the muni deployment situation in San Francisco. In the last few days, I’ve received a barrage of angry letters and calls from friends of mine on the ground in SF wanting to know what the Hell I was thinking when I said: “”They’ve created a mess in San Francisco where the city seems to be negotiating with Google or Earthlink and not the community.”

Sadly, I cannot even say I was misquoted or taken out of context. Matt Hamblen got my quote exactly right. It turns out, however, that I had it exactly wrong. As my angry SF friends have let me know in no uncertain terms, the City of San Francisco, Google and Earthlink have been conducting neighborhood surveys, meeting with local community leaders, and responding to this input with substantive changes.

So how did I screw up so badly? And what did I learn from all this? See below . . . .

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Ramble On…

My heart broke the day Julian left the University of Wisconsin: 11/1/05. We were struggling to get anything out the door. An amazing technology entrepreneur (and Lisp guy!) named Greg Nuyens was trying to hold startup Qwaq together with both hands. I knew it was going to be a tough time for Croquet.

Fast forward.

I have left the University of Wisconsin Division of Information Technology to work at Qwaq, Inc. Sweet!

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We Win Again On 3650-3700 MHz. So What Does It Mean?

Back in 2004-05, a bunch of us fought to open up the 3650-3700 MHz band for unlicensed use (Sometimes refered to as 3.65 GHz rather than 3650 MHz). While we did not get “pure” unlicensed, the FCC’s “hybrid unlicensed” regime gave us pretty much everything we wanted.

In August 2005, a group of tech firms led by Intel filed a Petition for Reconsideration. This group, which I dubbed the “WiMax Posse,” wanted the Commission to reverse itself and optimize the band for WiMax operations. Notably, this meant adopting a licensing regime instead of the open spectrum rules we won in March 2005.

By this time, Powell had left and been replaced with Kevin Martin. Martin had earned the eternal scorn of Netheads by deregulating DSL (actually a process begun by Powell). And, unlike Powell, Martin had no record of support for open spectrum. So even though the WiMax Posse and the various licensed wireless providers who came in to support them raised no new arguments, no one knew whether Martin would reaffirm the 2005 rules or side with the licensed spectrum/WiMax posse.

So I let out a huge sigh of relief and felt a modest sense of accomplishment when the FCC issued an Order denying the WiMax Posse Recon Petition and basically reaffirming our March 2005 win. Commissioner Adelstein had a very nice concurring statement highlighting the important roll played by WISPs and Community Wireless Networks (CWNs) in getting wireless connectivity to rural and underserved urban communities.

So what does this mean for wireless deployment for WISPs, CWNs, and muni systems? How do I read the FCC tea leaves in light of last month’s FCC decision terminating two important open spectrum proceedings? See below . . . .

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Croquet in the Economist (print edition!)

In this article, Linux entrepreneur Mark Shuttleworth says, “We’ve started to use [Croquet] for planning and building Ubuntu.”

Linux works well. One of the hard parts with delivering on “Linux” (generically) is that there are a lot of variations. Croquet works on some combinations of kernel, libraries and device drivers, but not on others. I don’t have a Linux box myself, so I haven’t spent any time on it. (The Croquet Collaborative runs on FreeBSD, and does so as a graphicsless server.) It’s tough to be trying to accomplish something while wrestling with configuration issues.

But Plopp offers a consumer-market product on many flavors of Linux (as well as Windows/Mac), but it doesn’t (yet?) make use of the full collaborative Croquet SDK. Once it runs, it runs. I guess the Ubunto folks have got real Croquet running with their developer and business configurations, and are now starting to explore its use for doing real work.

Slurpr! Slurpr! For Fun Legal Questions, It's A Wonderful Toy.

Numerous websites that follow wireless news have reported about a new wireless box called Slurpr, which allows someone to aggregate up to six open wifi access points at once. In just about the next sentence, of each of these reports warns of the potential legal consequences of “stealing wifi” by using an open network that the operator does not intend for open use. Or, as Glenn Fleishman put it: “This might get you arrested six times in one day.”

But will it? And, perhaps more importantly, should it? With the rise of applications like FON, wifi enabled phones, and now the introduction of Slurpr, we need to get this issue resolved sooner rather than later. Otherwise, we can expect to see more arrests of folks unaware they are committing a crime and another equipment/application industry killed off by regulatory uncertainty.

As I have argued before, it makes much better legal and policy sense to require access point operators (and the equipment manufacturers who set the defaults) responsible for their own equipment and require them to close a network rather than to require the public to treat all open networks as off limits unless the operator somehow expressly tells the user it’s o.k. Why shouldn’t the act of blasting an open network into a publicly accessible place or onto someone else’s property be sufficient invitation to use the network, especially when it would encourage people to set power levels to appropriate levels and stop imposing interference costs on the rest of us? Why on Earth do we want a legal presumption that imposes obligations on the broader public instead of the operator, makes it much harder for people that actively want to share their networks, and encourages (rather than discourages) interference problems and poor spectrum management? Most especially, why do we do this when creating this presumption actually flies in the face of the usual legal presumptions about intrusions of private property into the public sphere?

The only answer I can come up with is that network technologies appears to have the amazing power of turning certain people’s brains into pudding and making them forget about 10,000 years of human experience of living in urban environments. For further elaboration on these themes, see below . . .

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So What The Heck Is M2Z? And Why Do I Support It?

So recently, with all the spectrum stuff going on, I hear a lot of people asking about something called “M2Z,” usually like this: “So, what the heck is M2Z? And why should I care?”

Two very good questions. Briefly, M2Z is yet-another-plan to solve our national broadband woes through exclusive licensing. Specifically, it is about giving this one company a free, exclusive, national license for the 20 MHz of spectrum left over from the federal spectrum cleared for last summer’s AWS auction. While M2Z filed its application in May ’06, it took the FCC awhile to figure out what to do with it, since it doesn’t have any rules or pending proceedings that cover what M2Z wants. Finally, back in February ’07, the FCC issued a generic public notice of the application as required under the Communications Act and asked for piublic comment on what the heck to do about it.

Given my rather low opinion of Cyren Call’s efforts to get a free, national license, one might expect me to take a similar dim view of M2Z. Nor has M2Z helped its case much with some rather ham-handed “outreach” to the public interest community, by spamming the attendee list of the National Conference on Media Reform and creating a “Coalition for Free Broadband” website that looks all the world like an off-the-shelf Astroturf project.

Finally, Sascha Meinrath, who I look to for wisdom and advice on all matters spectrum, has written this blog entry on why he opposes the M2Z proposal.

Despite all this, I still think that M2Z deserves support. My employer Media Access Project filed a letter in support of M2Z. At the least, it deserves a good hard look before writing it off as yet another theft of spectrum via privatization.

Why? See below . . . .

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Caveat Hacktor

I just saw the delightful high-quality site on core computer algorithms Hacker’s Delight. I was startled by the following notice about the corresponding book:

“After the first printing, an errata file was started. The publisher did not incorporate this into the second printing. For the third printing, he made all the corrections known up to that point in time. For the fourth and fifth printings, the publisher subcontracted the production work, and accidentally gave the subcontractor the files for the first printing. The sixth printing corrects all the errors known up to when it was printed (November 2006). Therefore, the best copy to obtain is the sixth printing, and the second best is the third printing.”

Good grief. This is the kind of thing that makes airplanes fall out of the sky — or my bank say “oops.” As an engineer, I have long been aware of how much stuff out there is truly not designed, transcribed, or built correctly, but this little example gives a nice compact summary to my unvoiced horrified sputtering. I wonder if more direct and immediate Internet technology (like Wikipedia and maybe Sophie) will help.