Month: June 2009

The Last Day of (Full Power) Analog TV And Our Post Transition To Do List.

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Well, here it is at last. Finally, more than 13 years after the 1996 Act created a scheme to transfer us to digital television by giving all existing broadcasters $70 billion (at the time) in new spectrum rights, the great day of reckoning is here.

Give the FCC and NTIA, especially mid-season replacements Acting FCC Chairman Michael Copps and Acting NTIA Administrator Anna Gomez, massive applause for seeing this through to the end. You guys rock! As one of your 300 Million taxpayer bosses, I’m telling you to sleep in tomorrow. Oh yeah, it’s Saturday.

Once you’re back on Monday, however, and assuming the world as we know it did not end, we have a few items left on the clean up list: Wireless Microphones, LPTV, the UHF Discount for Ownership, and Public Interest Obligations.

This post is dedicated to the memory of Libby Beaty, Executive Director of NATOA. A tireless advocate for the importance of local government and its power to protect consumer interests. Today, Libby tragically lost her battle with lung cancer. She will be sorely missed.

More below . . . .

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My Weekly Five Minutes of Fame — I Explain the National Broadband Plan In Five Minutes.

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We are starting a new feature at Public Knowledge called “Five Minutes With Harold Feld,” wherein I will take insanely boring complicated wonkery and make it mildly less boring. This week, I explain the National Broadband Plan and the comments PK filed last night.

Stay tuned . . . .

D.C. Circuit Affirms Inside Wiring In Fairly Broad Opinion. Terrestrial Loophole Next? And What About Time Warner's TV Anywhere?

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While folks in the suburbs sometimes forget this, a lot of people live in what we call “multiple dwelling units” (MDUs) — which is a fancy way to say things like apartment buildings and condos. One of the problems for people trying to switch from one provider to another for cable (for example, from Comcast to RCN) is that a cable operator may already have an exclusive deal with the landlord to provide cable services to everyone in the building. Competitors asked the FCC to ban such practices. In 2003, under Michael Powell, the FCC refused to ban such exclusive deals because “regulation is always bad, mmmmkayyy.” In 2007, as part of Kevin Martin’s attack on cable market power evil vendetta against the helpless cable industry, the FCC reversed this determination and found that under Section 628(b) of the Communications Act (47 U.S.C. 548) it needed to prohibit cable operators from entering into or enforcing such exclusive deals because Verizon can’t sell FIOS w/out being able to offer triple play. Predictably, this was widely denounced by the cable companies and their cheerleaders as not merely unwarranted, but a violation of law and certain to be overturned on appeal.

Turns out, not so much. In fact, in a rather broadly worded opinion, the D.C. Circuit affirmed the 2007 Order. Indeed, the language affirming the decision opens the door to the FCC tackling other cable issues, such as the terrestrial loophole (which Verizon wasted no time in pointing out to the FCC). Mind you, it remains unclear at this point whether the new FCC will have any interest in cable market power or not.

Still, there are a number of important aspects about this case, especially its implications for the FCC to regulate Time Warner’s TV Anywhere strategy, aka “how cable operators plan to preserve their existing business model and fight off Netflix.” I discuss this in more detail below . . . .

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Places, Everyone!

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Related to the URL addressing concepts discussed here, there is the question of how to denote places within a 3D world. I really like having names for these.

A typically engineering way to map out locations in a model is with coordinates. There are a couple of problems with this.

Numbers are generally pretty meaningless to users. I hate dealing in part numbers or account numbers rather than product and account names. Numbers just aren’t as mnemonic as a single name, and in 3D it takes a lot of numbers (six numbers of several decimal positions each) to describe the position and orientation you need to be in so that you can see something of interest.

Worse, a position and orientation are only interesting because of the things you can see and do there. If those things change (e.g., move, rotate, or change size), the coordinates for you to work with them are then different. We’re also interested in doing things in cooperation with other people. While it is true that unlike the physical world, several avatars can be in the same place, it is often cognitively and socially nicer to position a group of people around some item of interest rather than stacked up on top of each other.

Our client architect Brad Fowlow has led the development of several ways to address this by interactively or automatically creating a rather sophisticated set of named places from within-world.

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A glimpse of The Eagle in flight

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In my little illustrated novella The Pains, there’s an enigmatic character named Horatio Norton, better known by his nickname The Eagle. This character is partially based on the late Chris McKinstry, creator of the Mindpixel project. I never met McKinstry in meatspace, but had interacted with him a little on Kuro5hin, where we both used to hang out. He was just another bozo on the bus then, albeit one with a bit of a notorious history stemming from things he had done when delusional or upset–he had a history of mental illness.

In the time since he took his own life several years ago, his legend has grown somewhat. He’s been the subject of a story on PBS, there was a big article about him in Wired, and now some students at the Documentary Institute at the University of Florida are making a documentary film about him. It’s called The Man Behind the Curtain. The trailer is below.

My character The Eagle is not a pure cipher for McKinstry. The Eagle was also partially inspired by Christopher John Boyce (aka “The Falcon”), and of course I hope that I added some unique personality of his own. He isn’t a mere pastiche of these two fascinating, complicated men.

However, when I saw clips of the actual McKinstry talking, when I saw his actual notebooks, I was astounded to see how much the real McKinstry resembled the fictional character he had inspired. Have a look:

The Man Behind the Curtain – Preview from michael nichols on Vimeo.

Big Low Power FM Win!

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Back in 2007, the FCC issued an Order to try to address some of the problems impacting the low-power FM (LPFM) service. You can find out more about how amazing LPFM is, and why Congress needs to pass legislation to remove the artificial restrictions on how many LPFM stations we can have, here on the Prometheus Radio website.

Briefly, LPFMs are very small, very local non-commercial stations that operate at 100-watts or less. The FCC authorized the service in 2000, relaxing the “third adjacent channel” (A radio station must be 3 jumps away from the next radio station) rule to permit several thousand LPFM’s to operate without interfering with full power station. The NAB persuaded Congress to reverse this determination with the ironically named Radio Broadcaster Preservation Act of 2000. That act prohibited the FCC from relaxing or waiving the 3rd adjacent channel spacing requirement.

A few years ago, it became clear that the several hundred LPFMs permitted under the act were in danger of being crowded out by full power stations. Because of what appeared to be an unrelated decision to streamline the process by which full power FM stations can change their market designation. As a result, an LPFM could suddenly find itself impermissibly close to a full power station and need to shut down. Or it might start experiencing interference and get drowned out. The Commission therefore issued an Order and Further Notice of Proposed Rulemaking which provided some relief by making it easier for LPFMs to relocate on the 2nd adjacent channel, thus avoiding Congress’ mandate that the FCC not reduce or waive the separation distance required on the 3rd adjacent channel. This is not nearly as silly as it sounds, as the process involves a fact-based determination on whether there is actually any interference to any full power as a result of the move. Given how interference works, it is very possible to fit a LPFM into space on the 2nd adjacent without causing interference. Spacing is based on averages to make processing applications easier. Actual engineering can determine how to place a low-power tower to avoid interference. Mind, this would be easier to do if Congress hadn’t absolutely prohibited any waiver of 3rd adjacent spacing. But they did. Happily, however, Congress did not prohibit any waiver of 2nd channel adjacent.

The NAB promptly appealed, arguing that the FCC had no authority to alter first,second or third adjacent as a result of the 2000 Act. This, in turn, stalled the conclusion of the Rulemaking, since why finish a rulemaking if you don’t even know whether or not you have authority?

Today, the D.C. Circuit affirmed the FCC’s decision. It rejected the NAB’s argument based on the plain language of the statute and found that the FCC had rationally justified its decision.

This is extremely good news for LPFM, and for those communities lucky enough to have them. As acting Chairman Copps noted in a statement issued today after the ruling, the FCC is now free to move quickly to finish the pending rulemaking. And, of course, Congress should move just as quickly to pass the Local Community Radio Act of 2009, so that hundreds of new communities can enjoy the diverse voices of low-power FM.

My former colleagues at MAP — especially Parul Desai who did the lion’s share of work on this issue — deserve a huge shout out for this win. I should also mention that it was not a Democratic FCC, but Kevin Martin who brought the 2007 Order to a vote — and then voted with the Democrats against both his fellow Republicans to get the needed 3 votes to clear the Commission.

Stay tuned . . . .

Being Seen

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I’d been wondering whether anyone on our company’s Board of Directors knew who I was. I know a couple but it turns out most didn’t. But just before the last board meeting I ran into a director that I’m sure I had never been introduced to. He said, “Hi Howard” as we passed.

The only thing I can think of is that he must have recognized me from my avatar. I don’t remember now what I had worn when I had briefly participated in previous meeting. It could have been a photo- or video-faced “Lego man” or it could have been a custom avatar.
<%image(20090530-howard-lego.jpg|227|261|Video-faced Simple Avatar)%><%image(20090530-howard-jake.jpg|227|261|Custom Business)%><%image(20090530-howard-john.jpg|227|261|Custom Casual)%>

I haven’t been very interested in avatar appearance, but I guess there is value in having people build some personal familiarity without physically meeting. I don’t want cold-calls via virtual worlds, but I suppose that a scheduled virtual meeting or happenstance encounter in a virtual reception builds a stronger tie than email or telephone. I wonder how that will play out for sales and relationship-building in the future.

Oh, those witty JP Morgan Guys, Pissing on Little Timmy Geithner

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JP Morgan Exec mocks Treasury Sec for bailout money.

To which I cannot help but respond:

I am glad Mr. Dimon is so pleasant with us;
His words and his sneer, I thank him for:
When we are next met in Congress assembled,
We will, by God’s grace, pass such a bill as
Shall send his wits into the hazard.
And we understand him well,
How he comes now with memory of wilder days,
When he did reign as Prince untouchable
And those set to guard against his excesses
Catered to his whims and kept him safe against all
Accountability that had once been law.
What wonder when, having supped so freely and so long
at public feast, that he should task us so
for daring to restrain his monstrous appetites?

So tell the pleasant prince this mock of his
Hath turn’d his balls to gun-stones; and his soul
Shall stand sore charged for the wasteful vengeance
That shall fly with them. For I swear
His jest will savour but of shallow wit,
When his colleagues weep more than ever they did laugh at it.

(With apologies to Henry V)

I do hope the folks at Treasury who fought so hard to restrain the “radical” demands that public money have some conditions attached take note of how grateful their financial sector “clients” are for their services.

Stay tuned . . . .

Republicans Finally Make FCC Picks. McDowell and Baker to Take R Slots. Now Can The Senate Please Get Everyone Confirmed So We Can Get To Work.

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At long last, it looks like the Senate Republicans got their act together enough to settle on two FCC candidates: Current Republican FCC Commissioner Robert McDowell and former NTIA Administrator Meredith Atwell Baker. While I expect a fair number of policy fights, I also expect to see this group weighing matters fairly and searching for common ground.

I’m hopeful this can clear the Senate before July 4 recess. The FCC has a pretty big agenda, starting with the National Broadband Plan (yes, February 2009 may seem far away, but not for this), continuing through finishing up on white spaces and wireless microphones, FCC Reform, ownership, network neutrality, etc., etc. Be nice if the Senate also confirmed Larry Strickling for NTIA. Finally, if we really want to get things moving, the Senate Agriculture Committee should schedule a hearing for Adelstein’s appointment to head up the Rural Utility Service now (they don’t have to wait for him to be off the FCC to have a hearing on his nomination to RUS) so he can be confirmed in a group with everyone else.

A bit more on Baker and McDowell below . . .

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3D vs 2D for Legacy Applications

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When Alan Kay’s team at Xerox created the overlapping window user interface, they were working for a document company. Everything was organized around documents mimicking paper, sitting in folders except when being operated on by one application or another.

We don’t need the paper metaphor anymore, but we sure have a lot of 2D paper-oriented legacy stuff laying around. While 3D is pretty clearly winning for new applications in which people work together(*), it hasn’t yet demonstrated something so much better with which to replace all the existing 2D docs and their applications.

The state of user-interface design has provided two ways to deal with this: virtual computer displays embedded into the 3D world, and floating 2D windows. Both are pretty good and have their place.

Intensive Care Unit
One avatar is operating an in-world bio-signs display, which is also being shown in the lower left as a 2D panel floating over the view of the virtual room. The text chat is a 2D floating panel in the upper left, while the procedure timer and other applications are in-world.

(*)Without people, there is no realtime collaboration. 2D includes people only as second class abstractions rather than reifing them as first class objects in the communications model. For teaching, training, and working meetings (as opposed to mostly unidirectional sales presentation meeting and lectures), 3D has emerged as the most natural way to show individual presence, and the simplest way to provide enough immersion to give a sense of shared presence.

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