AllThingsD » Federal Communications Commission

Obama Nominates Wheeler to Lead FCC

Jared A. Favole — Wed, 01 May 2013 20:48:19 +0000

President Barack Obama on Wednesday nominated Tom Wheeler, a venture capitalist and former lobbyist, to run the Federal Communications Commission.

Mr. Obama, speaking from the White House, praised Mr. Wheeler’s background working with the telecom industry and called him the “Bo Jackson of telecom,” a reference to the former professional baseball and football player. Mr. Wheeler is the only member of both the cable television and the wireless industry halls of fame.

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Obama to Name Wheeler to Head FCC

Danny Yadron — Tue, 30 Apr 2013 19:18:17 +0000

President Barack Obama is expected to soon nominate a former top lobbyist for the cable and wireless industries to lead the Federal Communications Commission, two people familiar with the matter said.

Tom Wheeler, a venture capitalist and longtime industry operative, will be tapped to lead the agency that governs the nation’s scarce wireless airwaves and regulates telephone networks and indecency on television. Mr. Obama is expected to make the announcement as soon as Wednesday, an industry official and a person familiar with Mr. Wheeler’s situation said.

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AT&T, Verizon Control of Airwaves Challenged

Danny Yadron — Fri, 12 Apr 2013 23:33:51 +0000

AT&T Inc. and Verizon Communications Inc. shouldn’t be allowed to box out smaller wireless carriers from picking up some of the nation’s prime airwaves, the Justice Department told federal regulators Friday.

As Americans become increasingly dependent on smartphones and the mobile Internet, the Federal Communications Commission is planning to auction some of the airspace used by broadcast television to wireless companies. Those particular airwaves are in the lower frequency range and are ideal for transmitting data over long distances in rural areas or through walls.

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Genachowski's FCC Tenure Featured Push to Open Wireless Spectrum (Video)

Ina Fried — Fri, 22 Mar 2013 17:28:54 +0000

As expected, FCC Chairman Julius Genachowski announced on Friday his plans to step down.

Genachowski will probably be best remembered for a tenure that included the commission’s opposition to AT&T’s planned merger with T-Mobile. He also pushed to open up more wireless spectrum via incentive auctions and through expanding availability of unlicensed spectrum for things such as Wi-Fi.

He spearheaded a debate around Net neutrality that established new rules, though all sides grumbled at the outcome.

Genachowski was also unique in that he came from a technology background rather than the usual broadcast or telecom arenas.

“As chair of the FCC, Chairman Genachowski has worked tirelessly to modernize our nation’s communications infrastructure and help make sure every American has access to the critical technology they need to succeed in the 21st century,” Minnesota Sen. Amy Klobuchar said in a statement.

Advocacy group Free Press praised Genachowski for his stance in the AT&T case, but criticized him for failing to do more to stop the agenda of big corporate interests.

“Though President Obama promised his FCC chairman would not continue the Bush administration’s failed media ownership policies, Genachowski offered the exact same broken ideas that Bush’s two chairmen pushed,” Free Press CEO Craig Aaron said in a statement. “Genachowski claimed broadband was his agency’s top priority, but he stood by as prices rose and competition dwindled. He claimed to be a staunch defender of the open Internet, but his Net neutrality policies are full of loopholes and offer no guarantee that the FCC will be able to protect consumers from corporate abuse in the future.”

Of course, being FCC chairman is a tough job, given that one must muster a majority of a commission split on party lines and then avoid Congress undoing whatever it was you were trying to do in the first place.

Genachowski also made moves to modernize the agency itself, including setting up a library inside the commission offices where staffers could take a look at some of the many gadgets that they were regulating.

Finally, here’s video of Genachowski’s appearance on the D: All Things Digital stage in 2010 — first a highlight reel, and below that the full interview:

[ See post to watch video ]

FCC Chairman Genachowski to Step Down

Danny Yadron — Fri, 22 Mar 2013 00:07:03 +0000

Federal Communications Commission Chairman Julius Genachowski, the top regulator of U.S. telecom companies, is set to announce Friday that he will step down, an FCC official and an industry official said Thursday.

Mr. Genachowski’s office declined to comment.

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Internet Providers Persuade FCC Panel Against Cyber Security Recommendations

Danny Yadron — Mon, 18 Mar 2013 23:34:46 +0000

Big Internet providers seem to have talked their way out of unwelcome new recommendations on cyber security.

An original draft of a report by a Federal Communications Commission panel, viewed by The Wall Street Journal, endorsed a list of concrete suggestions for major telecommunications and cable companies to tackle the cyber security problem. Those measures — which included steps such as controlling which employees have administrative privileges on company networks –weren’t backed in the final report, which FCC officials said was to be released Monday evening.

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Hesse, Masayoshi Son Met With FCC to Pitch SoftBank-Sprint Deal

Ina Fried — Mon, 18 Mar 2013 22:39:20 +0000

Sprint CEO Dan Hesse and SoftBank chief Masayoshi Son met last week with members of the Federal Communications Commission to pitch the benefits of their proposed deal.

In a regulatory filing with the commission, Sprint confirmed the meeting as well as details of its pitch for approval of the deal.

SoftBank has proposed acquiring a controlling interest in Sprint as well as enabling Sprint to acquire the rest of Clearwire — a move supported by Clearwire’s board but opposed by some Clearwire shareholders.

Clearwire CEO Erik Prusch also attended the March 14 meeting with FCC Chairman Julius Genachowski and other members of the commission.

The company is willing to pump more than $20 billion into Sprint, with more than $12 billion going to shareholders and $8 billion funneled into improving Sprint’s network.

During the meeting, Son explained what he had done in creating one of Japan’s largest wireless providers after entering as an upstart in 2006 by purchasing Vodafone’s Japanese wireless interests.

“Through innovative products, pricing, and marketing, SoftBank is now poised to become the second largest wireless provider in Japan,” Sprint said in the filing. “Mr. Son explained that through SoftBank’s investment in Sprint, he hopes to bring a similar competitive spark to the U.S. wireless marketplace.”

Backer of Cellphone Unlocking Petition Sets Sights on Modifying Copyright Act

Ina Fried — Mon, 04 Mar 2013 18:51:48 +0000

The man behind the petition to re-legalize unlocking of cellphones now has a broader target: The Digital Millenium Copyright Act itself.

It’s that law that the Library of Congress used to rule that cellphone unlocking was illegal in the first place, and that’s the law that ultimately needs to be changed, said Sina Khanifar.

Khanifar, whose petition prompted the White House to reexamine the cellphone unlocking issue, said he was pleased at the response his effort generated, but said changing the law itself is his next project.

“While I think this is wonderful, I think the real culprit here is Section 1201 of the DMCA, the controversial ‘anti-circumvention provision,’” Khanifar said in an email interview. “I discussed with the White House the potential of pushing to have that provision amended or removed, and they want to continue that conversation.”

Khanifar, a San Francisco-based entrepreneur and founder of OpenSignal.com, promised more news on that next effort shortly.

In a post on his personal website, Khanifar said that it was a legal battle with Motorola that prompted his interest in ensuring that consumers have the right to unlock their cellphones.

“Locking cellphones also prevents consumers from freely choosing their cell carrier,” Khanifar wrote. “If you decide to change your network, say from AT&T to T-Mobile, the DMCA regulations mean that unless your carrier agrees to unlock your phone, you’ll need to buy a new device. As a result, manufacturers like Motorola and Apple are keen to keep devices locked so that they can sell more phones.”

White House: It's Time to Legalize Cellphone Unlocking

Ina Fried — Mon, 04 Mar 2013 18:13:17 +0000

The White House on Monday came out in support of the rights of consumers to unlock their cellphones once they have fulfilled the terms of the contract.

Responding to a petition on WhiteHouse.gov, the executive branch stated, “The White House agrees with the 114,000+ of you who believe that consumers should be able to unlock their cell phones without risking criminal or other penalties.”

They went further, saying that the same right should also extend to other mobile devices, namely tablets.

“And if you have paid for your mobile device, and aren’t bound by a service agreement or other obligation, you should be able to use it on another network,” wrote R. David Edelman, White House senior adviser for Internet, innovation, and privacy. “It’s common sense, crucial for protecting consumer choice, and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers’ needs.”

The Librarian of Congress, who has authority over the matter, ruled last October that the Digital Millenium Copyright Act should be interpreted to mean that unauthorized cellphone unlocking was a violation. As of Jan. 26, newly purchased phones can no longer legally be unlocked.

The Library of Congress, in its decision, concluded that there were plenty of unlocked phone options available to consumers. However, others have argued — and the White House appears to agree — that even those who buy a device initially locked to a carrier should be able to unlock it once they have fulfilled the terms of their contract.

Unlocked cellphones help create a secondary market for devices, and also are key to the strategy of several alternative carriers who encourage users to bring their own devices.

More than 114,000 people signed an online petition opposing the decision.

“As of January 26, consumers will no longer be able unlock their phones for use on a different network without carrier permission, even after their contract has expired,” stated the petition on WhiteHouse.gov. “We ask that the White House ask the Librarian of Congress to rescind this decision, and failing that, champion a bill that makes unlocking permanently legal.”

The Library of Congress responded by saying it was just doing its job by following the provisions of the DMCA, and that if its decision helped stimulate debate about the law, all the better.

“As designed by Congress, the rulemaking serves a very important function, but it was not intended to be a substitute for deliberations of broader public policy,” said a statement from the library. “However, as the U.S. Copyright Office has recognized many times, the 1201 rulemaking can often serve as a barometer for broader policy concerns and broader policy action. The most recent rulemaking has served this purpose.”

Federal Communications Commission Chairman Julius Genachowski, who had recently said that the commission should look into the matter, issued a statement on Monday urging various alternatives be explored to reverse the ban on unlocking.

“From a communications policy perspective, this raises serious competition and innovation concerns, and for wireless consumers, it doesn’t pass the common sense test,” Genachowski said. “The FCC is examining this issue, looking into whether the agency, wireless providers, or others should take action to preserve consumers’ ability to unlock their mobile phones. I also encourage Congress to take a close look and consider a legislative solution.”

The CTIA — the wireless trade group representing cellphone carriers — supported the logic behind the original unlocking ban.

“The Librarian of Congress concluded that an exemption was not necessary because the largest nationwide carriers have liberal, publicly available unlocking policies, and because unlocked phones are freely available in the marketplace — many at low prices,” CTIA legal counsel Michael Altschul said in a statement. “Customers have numerous options when purchasing mobile devices. They may choose to purchase devices at full price with no lock, or at a substantially discounted price — typically hundreds of dollars less than the full price — by signing a contract with a carrier. When the contract terms are satisfied, or for a reason that is included in the carrier’s unlocking policy — such as a trip outside the U.S. — carriers will unlock a phone at their customer’s request.”

Here’s the full text of Edelman’s response:

It’s Time to Legalize Cell Phone Unlocking
By R. David Edelman

Thank you for sharing your views on cell phone unlocking with us through your petition on our We the People platform. Last week the White House brought together experts from across government who work on telecommunications, technology, and copyright policy, and we’re pleased to offer our response.

The White House agrees with the 114,000+ of you who believe that consumers should be able to unlock their cell phones without risking criminal or other penalties. In fact, we believe the same principle should also apply to tablets, which are increasingly similar to smart phones. And if you have paid for your mobile device, and aren’t bound by a service agreement or other obligation, you should be able to use it on another network. It’s common sense, crucial for protecting consumer choice, and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers’ needs.

This is particularly important for secondhand or other mobile devices that you might buy or receive as a gift, and want to activate on the wireless network that meets your needs — even if it isn’t the one on which the device was first activated. All consumers deserve that flexibility.

The White House’s position detailed in this response builds on some critical thinking done by the President’s chief advisory Agency on these matters: the Department of Commerce’s National Telecommunications and Information Administration (NTIA). For more context and information on the technical aspects of the issue, you can review the NTIA’s letter to the Library of Congress’ Register of Copyrights (.pdf), voicing strong support for maintaining the previous exception to the Digital Millennium Copyright Act (DMCA) for cell phone carrier unlocking.

Contrary to the NTIA’s recommendation, the Librarian of Congress ruled that phones purchased after January of this year would no longer be exempted from the DMCA. The law gives the Librarian the authority to establish or eliminate exceptions — and we respect that process. But it is also worth noting the statement the Library of Congress released today on the broader public policy concerns of the issue. Clearly the White House and Library of Congress agree that the DMCA exception process is a rigid and imperfect fit for this telecommunications issue, and we want to ensure this particular challenge for mobile competition is solved.

So where do we go from here?

The Obama Administration would support a range of approaches to addressing this issue, including narrow legislative fixes in the telecommunications space that make it clear: neither criminal law nor technological locks should prevent consumers from switching carriers when they are no longer bound by a service agreement or other obligation.

We also believe the Federal Communications Commission (FCC), with its responsibility for promoting mobile competition and innovation, has an important role to play here. FCC Chairman Genachowski today voiced his concern about mobile phone unlocking (.pdf), and to complement his efforts, NTIA will be formally engaging with the FCC as it addresses this urgent issue.

Finally, we would encourage mobile providers to consider what steps they as businesses can take to ensure that their customers can fully reap the benefits and features they expect when purchasing their devices.

We look forward to continuing to work with Congress, the wireless and mobile phone industries, and most importantly you — the everyday consumers who stand to benefit from this greater flexibility — to ensure our laws keep pace with changing technology, protect the economic competitiveness that has led to such innovation in this space, and offer consumers the flexibility and freedoms they deserve.

Update: 10:23 am PT, to include comments from FCC Chairman and full White House statement.

And here’s a spot I did on The Wall Street Journal’s Digits:

[ See post to watch video ]

FCC Approves New Rules for Cellphone Signal Boosting Devices

Ina Fried — Wed, 20 Feb 2013 18:37:20 +0000

After years of long, sometimes tense negotiations, federal regulators today approved new rules for devices, known as boosters, that improve cellphone signals.

The rub is that the devices operate in the same band of spectrum licensed to the carriers whose signal they are trying to boost. While carriers don’t oppose the notion of their customers getting improved signals, they have been concerned about potential interference caused by the devices.

After years of talks, the carriers, consumer groups and device makers have agreed on a set of rules and technical specifications that will govern such products.

“The order is a product of years of work involving all the stakeholders — [carriers], consumer groups and the booster industry,” said John Leibovitz, deputy bureau chief of the FCC’s wireless bureau. “We’re happy different groups could come together. We think the time has come to create more certainty.”

Wilson Electronics, a leading manufacturer of boosters, was also glad to see a resolution. “Wilson Electronics applauds the adoption of FCC certification specifications for consumer cellphone signal boosters, which will eliminate poorly designed products that currently plague the market and have been a source of cell site interference,” said COO Joe Banos in a statement.

Under the new rules, signal boosters will have to meet an agreed-upon set of technical specifications. While not granted their own license to operate in the airwaves licensed to the carriers, all the major carriers and many smaller ones have agreed to allow the approved boosters to share their license.

There are separate rules for so-called industrial boosters, the kind used to improve signal in a large office building, stadium or subway.

Sprint: DOJ's Request for Time to Study SoftBank Deal Is Routine

Ina Fried — Tue, 29 Jan 2013 19:58:43 +0000

The Justice Department has asked the Federal Communications Commission to delay red-stamping Sprint’s planned $20 billion deal with Japan’s SoftBank, saying it wants to study the national security implications.

The FBI and Homeland Security Department “are currently reviewing this matter for any national security, law enforcement, and public safety issues but have not yet completed that effort,” a Justice Department lawyer said in a letter to the FCC.

“We therefore request that the Commission defer action until such time as the Agencies notify the Commission of the completion of their review and, based on the results of such review, request appropriate action by the Commission,” the letter continued.

Sprint, for its part, characterized the request as routine.

“This is a routine request when working with the [U.S. government] agencies regarding national security,” Sprint said in a statement.

The No. 4 U.S. carrier, T-Mobile, is already in foreign hands as a unit of Deutsche Telekom, while Verizon Wireless is partly owned by Vodafone.

The request from the DOJ was reported earlier Tuesday by Bloomberg. Dish Network, which like Sprint is bidding for Clearwire, has also asked the FCC to hold off on approving the Softbank deal.

Sprint is still aiming to close the deal in mid-2013.

Verizon, AT&T in $1.9 Billion Deal to Swap Some Spectrum

Ina Fried — Fri, 25 Jan 2013 16:36:17 +0000

Verizon Wireless has announced a bunch of spectrum-swap deals, including an agreement with AT&T that will see Ma Bell forking over $1.9 billion in cash.

In that deal, AT&T is getting 39 lower 700 MHz B Block licenses from Verizon, along with the cash, In addition, AT&T is transferring some spectrum in the AWS band in several western U.S. markets including Los Angeles, Phoenix, Fresno and Portland, Oregon.

Verizon is getting $189 million by selling 700MHz licenses in North Carolina to Grain Management, a Florida-based private equity firm. Verizon will also lease an AWS license for Dallas that Grain is acquiring from AT&T.

And Verizon said it will lease 700 MHz spectrum to 20 rural operators as part of its effort “to jumpstart the delivery of 4G LTE in rural areas.”

The Federal Communications Commission and Department of Justice will have to give the okay for the deals to be finalized.

Verizon had said it would sell some of its 700 MHz holdings assuming it was allowed to acquire spectrum from a coalition of cable companies.

Dish Asks FCC to Halt Sprint-Softbank Review Clock

Thomas Gryta — Thu, 17 Jan 2013 20:56:32 +0000

Dish Network Corp. has asked the Federal Communications Commission to halt the regulatory-review “shot clock” for Softbank Corp.’s plans to buy a 70 percent stake in Sprint Nextel Corp. for $20 billion.

In the filing, posted Thursday, Dish said many issues are unresolved in the acquisition review, which includes Sprint’s deal to buy the rest of majority-owned Clearwire Corp. Dish recently proposed a $3.30-a-share offer for Clearwire, above Sprint’s agreement to pay $2.97 a share, and says that uncertainty surrounding process could lead to major amendments to the Sprint/Softbank review.

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More Wi-Fi Spectrum on the Way, Says Genachowski

John Paczkowski — Thu, 10 Jan 2013 22:34:01 +0000

iStockphoto | italianestro

The Federal Communications Commission plans to free up significant additional wireless spectrum in the hopes of averting the dreaded “spectrum crunch” that some fear will degrade Wi-Fi performance across the United States.

Speaking at International CES this week, FCC Chairman Julius Genachowski said the agency next month hopes to allocate about 195 megahertz of unlicensed wireless spectrum in the 5 gigahertz band to help increase Wi-Fi speeds and temper congestion in high-usage areas. “We’ve got to get what we can out of every megahertz of spectrum and seize these opportunities,” Genachowski said.

Portions of the spectrum the FCC is looking at are currently being used by the U.S. Department of Defense and other government agencies, so there may be a few issues to overcome before it’s released. As Genachowski himself conceded, the plan “will require significant collaboration with other federal agencies.” But if it’s pushed through, it could increase available Wi-Fi capacity by about 35 percent.

That’s a significant increase. And while it might not address the coming mobile spectrum crunch entirely, it could do much to solve capacity issues and slower download speeds where Wi-Fi usage is high. After all, it’s the largest block of unlicensed spectrum to be made available for Wi-Fi expansion since 2003.

“As this spectrum comes online, we expect it to relieve congested Wi-Fi networks at major hubs like convention centers and airports,” Genachowski said. “It will also help in homes as tablets and smartphones proliferate and video use rises.”

Two BlackBerry 10 Devices Hit FCC Ahead of January Debut

John Paczkowski — Mon, 31 Dec 2012 19:16:09 +0000

Research In Motion’s planned launch of BlackBerry 10 on Jan. 30, 2013, is proceeding according to schedule. New filings with the Federal Communications Commission reveal that the agency has approved two new BlackBerry 10 devices. The first appears to be an LTE handset intended for AT&T; the second is a mystery gadget with no publicly available details or specs.

Dish Networks Wins a $9 Billion Spectrum Prize

Anton Troianovski, Shalini Ramachandran and Sarah Portlock — Thu, 13 Dec 2012 01:50:01 +0000

For more than a decade, telecom moguls and hedge fund titans have wrangled with regulators in a bid to wring billions of dollars out of thin air. This week, the government crowned a winner.

The Federal Communications Commission late Tuesday said Dish Network Corp., led by satellite-TV pioneer Charlie Ergen, would be able to use a slice of the airwaves designated for satellite-phone transmissions to instead offer much more lucrative cellphone service.

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FCC Chairman Would Like to Use Gadgets During Takeoff, Landing

John Paczkowski — Fri, 07 Dec 2012 16:59:43 +0000

Ever wonder why you have to turn off your electronic devices before a plane takes off and lands? So does Federal Communications Commission chairman Julius Genachowski. And he’d like the Federal Aviation Administration to relax its restrictions on the use of gadgets in-flight.

In a letter to the FAA Thursday, Genachowski urged the agency to “enable greater use of tablets, e-readers, and other portable devices” during flights. The FAA currently prohibits airline passengers from using electronic devices at takeoff and landing, presumably to ensure passengers are alert and paying attention during the most dangerous portions of the flight. The agency is currently reviewing the merits of that restriction and evidently Genachowski feels that doing away with it would be a wise move.

“This review comes at a time of tremendous innovation, as mobile devices are increasingly interwoven in our daily lives,” Genachowski wrote. “They empower people to stay informed and connected with friends and family, and they enable both large and small businesses to be more productive and efficient, helping drive economic growth and boost U.S. competitiveness.”

Who knows? Maybe that extra 20 minutes of in-flight gadget use will result in a massive boost in productivity.

US, Mexico Teaming Up to Fight Cross-Border Mobile Device Trafficking

Ina Fried — Mon, 12 Nov 2012 22:03:50 +0000

The Federal Communications Commission and its Mexican counterpart plan to announce an initiative on Tuesday aiming to cut down on theft and trafficking of mobile devices.

FCC Chairman Julius Genachowski, along with Mexico’s Olavarria Tapia, will announce the project at a Washington, D.C., event. The move follows a U.S. effort announced in April to create a shared industry database to help prevent use of stolen devices.

In a statement, the FCC said that mobile theft is on the rise and noted there are reports that some devices stolen in the U.S. are being resold in Mexico and Latin America.

FCC to Measure Mobile Broadband Performance

John Paczkowski — Thu, 06 Sep 2012 11:11:23 +0000

Well, it’s about time. The Federal Communications Commission, which is already monitoring wired broadband speeds, will soon do the same thing for mobile broadband speeds. The agency said this week that on Sept. 21 it will hold an open meeting to discuss the development of a program to evaluate mobile broadband service performance in the U.S. Its goal: To improve wireless performance and hold carriers accountable for their advertised speeds.

And that’s good news. The FCC’s ongoing Measuring Broadband America program has had a fair bit of success in shaming underperforming ISPs into delivering the sort of speeds they promised their customers. It’s possible that this new program will have a similar effect on mobile broadband providers.

“We know from experience: Transparency on broadband speeds drives improvement in broadband speeds,” FCC chairman Julius Genachowski said in a prepared statement. “Our new mobile broadband measurement initiative extends the program to smartphones and other wireless devices. It will empower consumers and encourage improvements in mobile networks and programs, benefiting millions of Americans.”

Here’s hoping he’s right.

Verizon Deal Nears Regulatory Approval

Amy Schatz and Thomas Catan — Tue, 14 Aug 2012 14:44:26 +0000

Federal regulators are preparing to clear Verizon Wireless’s $3.9 billion deal to acquire airwaves from several cable companies including Comcast Corp., according to people close to the negotiations, after the companies reached broad agreement to settle antitrust concerns.

To clinch their deal with Verizon Wireless, the cable companies have agreed to limit the scope and duration of side agreements to sell each other’s services, the people said. Consumer groups and other critics had said the joint marketing pacts were effectively agreements between the companies not to compete for customers seeking broadband Internet, television and phone services in their homes.

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Competition Worries Snag Verizon Deal on Airwaves

Amy Schatz and Thomas Catan — Fri, 13 Jul 2012 13:30:42 +0000

The Justice Department is holding up Verizon Wireless’s $3.9 billion deal to acquire cable-company airwaves over concerns a related agreement will hurt competition for broadband Internet service, according to people familiar with the matter.

After a set of divestitures Verizon Wireless has promised, the Federal Communications Commission essentially is prepared to sign off on an agreement by cable companies to transfer airwaves to Verizon that it can use in its new LTE wireless network, the people said. The move would help the nation’s largest cellular carrier meet soaring demand for data use on smartphones.

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U.K. Regulators Double Down on Google Street View Probe

John Paczkowski — Wed, 13 Jun 2012 10:35:36 +0000

The United Kingdom’s Information Commissioner Office (ICO) is reconsidering the feeble hand slap it gave Google for its Street View data-collection debacle, in light of new evidence surfaced by the U.S. Federal Communications Commission.

On Tuesday, the ICO reopened its investigation into Street View, moved to do so by an FCC investigation that belies to some extent Google’s claim that its Street View cars “mistakenly collected” personal data. That investigation found Google collected everything from complete email messages, instant messages and log-in credentials to telephone numbers and online dating info and porn site visits. The ICO figures that if Google captured that kind of data in the States, it likely did exactly the same thing in Britain.

“During the course of our investigation, we were specifically told by Google that it was a simple mistake, and if the data was collected deliberately, then it is clear that this is a different situation than was reported to us in April 2010,” the ICO said in a letter Google. “Given the findings of the FCC, we have reopened our investigation.”

So Google is once again in the hot seat over its harvesting of sensitive personal information from unsuspecting households, though it seems largely unfazed by it.

“We’re happy to answer the ICO’s questions,” the company said in a statement. “We have always said that the project leaders did not want and did not use this payload data. Indeed, they never even looked at it.”

FCC to Public: Is Your Cellphone Carrier Adequately Protecting Your Information?

Ina Fried — Fri, 25 May 2012 20:11:28 +0000

The Federal Communications Commission on Friday asked the public for comment on whether cellphone carriers need to do a better job of protecting the kinds of information being gathered on modern smartphones.

Shutterstock/Péter Gudella

One of the agency’s mandates is to make sure that the carriers are securely protecting the information they collect from their customers. For example, phone companies have to protect the databases that store the information on call records and other data.

The question on what steps they must take when it comes to information on devices is a tricker one. The FCC looked into this question back in 2007. At the time, the carriers contended that information stored on phones wasn’t information they were collecting, but rather data being voluntarily entered by consumers.

However, the FCC thinks it might be time to revisit this given revelations last year that there is software, such as that from Carrier IQ, that is preinstalled and collecting information that users are largely unaware of and unable to control.

“Since the Commission last solicited public input on this question five years ago, technologies and business practices have evolved dramatically,” the FCC said in the document seeking comments. “The devices consumers use to access mobile wireless networks have become more sophisticated and powerful, and their expanded capabilities have at times been used by wireless providers to collect information about particular customers’ use of the network — sometimes, it appears, without informing the customer.”

The FCC isn’t taking issue with the collection of such information, but rather is examining what duties the carriers might have to encrypt or protect such information. Carrier IQ doesn’t encrypt the data it collects, but does store it in a binary format not generally accessible to other applications, the company said.

“We haven’t gone to that extent because we haven’t needed to,” Carrier IQ Vice President Andrew Coward told AllThingsD on Friday. “If the industry decided we needed to, then we would take that step.”

Carrier IQ is also taking steps to allow customers to see the information that is being collected about them by their software.

Following the comment period, the FCC could decide to, among other things, take no action, clarify its existing rules or propose new rules.

[Image via Shutterstock / Péter Gudella]

RIM Gets FCC Approval for Cellular-Equipped Tablet

Ina Fried — Fri, 18 May 2012 15:01:16 +0000

Research In Motion this week got regulatory approval for what appears to be a version of its PlayBook tablet with built-in cellular capabilities.

Most of the documents filed with the Federal Communications Commission were kept confidential, but the limited information posted to the agency’s Web site suggests that the tablet contains support for several flavors of wireless connectivity, including Wi-Fi and LTE. The filing also makes reference to Bluetooth and near field communications capabilities.

The move isn’t a shock, given that RIM has promised that an LTE-capable PlayBook would be out later this year.

Whether buyers will be interested in the device is an open question, however.

FCC Chairman: Rejection of AT&T's T-Mobile Deal Isn't Causing Higher Prices

Ina Fried — Tue, 08 May 2012 15:23:50 +0000

AT&T has recently made the case that the failure of its effort to buy T-Mobile is behind recent price hikes.

Federal Communications Commission Chairman Julius Genachowski isn’t buying it.

In a speech at the CTIA trade show in New Orleans on Tuesday, Genachowski said that it shouldn’t lead to higher prices and that, indeed, more competition will ultimately lead to lower prices for consumers.

Signaling that the agency isn’t closed to all deals, Genachowski said that rejecting one over-the-line deal “simply proves that there is a line.”

Genachowski said that, by and large, the U.S. wireless industry is in good shape.

“The kinds of challenges we have in mobile are the kind we want — challenges stemming from mobile demand,” Genachowski said.

The industry is clamoring for more spectrum, an effort that has gained some momentum, but is moving too slowly for many in the industry. And unsurprisingly, AT&T took issue with Genachowski’s take.

“The merger AT&T proposed last year was all about creating more capacity by combining the spectrum holdings and networks of two companies,” responded Jim Cicconi, Senior Executive Vice President, External and Legislative Affairs. “The FCC was within its rights to withhold its approval. But it is incorrect when it denies the impact such decisions have on the price of wireless services. Basic economics, and the law of supply and demand, apply to the wireless industry as to all others. In the case of wireless, without additional capacity, which would have been created by our transaction, prices rise.”

Genachowski also used an appearance at a cellphone trade show to tout a list of recent accomplishments — everything from progress toward incentive auctions to approval of unlicensed “white spaces” spectrum, and an initiative to create a database of stolen phones.

“These successes are worth celebrating,” he said.

Genachowski began with a bit of stand-up, as he noted the long-awaited Senate confirmation Monday of two FCC commissioners.

“I’m not saying their confirmation was overdue, but they were nominated by President Truman,” he said.

Ahead of Genachowski’s speech, CTIA boss Steve Largent issued his familiar call for more spectrum, and incoming CTIA Chairman Patrick Riordan — whose day job is as CEO of Cellcom — showed a video explaining just what his company does. For those who have never heard of Cellcom, it is a rural carrier serving Wisconsin and Michigan.

Riordan is interesting, in that he gives voice to the issues of rural carriers, which often take a back seat to the “big four.”

“The issues of rural and large carriers aren’t always complementary,” Riordan said. “We can’t ignore them, but rather we must face them.”

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