LStelcom Joins the Ranks of Approved Whitespace Database Administrators

And then there were five (or six).

It never rains but what it pours. We went nearly 10 months without any new whitespace database administrators being approved, and now we’ve had the second approval in under a month. The Commission has announced that LStelcom AG has made it over the final hurdle and its system has now been approved for operation.

This brings to six the number of such approvals that have been issued. The others already admitted to the club: Key Bridge Global LLC, Spectrum Bridge, Telcordia Technologies and Google (twice). (Fun factoid: From the fine print of the LStelcom public notice we learn that Telcordia is now referred to as “iconectiv”. We have modified our table below accordingly.)

From our handy table, it looks like the next contestant likely to join the ranks of the approved will be Comsearch. Our guess on that score is based on the facts that: (a) Comsearch wrapped up its testing – i.e., the penultimate step in the approval process – back in June; and (b) none of the other four contenders has even started its testing.

So six down (if you count Google twice), five to go. Check back here for further updates. 

(Fuzzy on the whole white space database administrator question?  Check out this post for some background.)

Coordinator

Test Started

Test Finished; Comments Sought

Coordinator Approved

Comsearch

Feb. 24, 2014

June 23, 2014

 

Frequency Finder Inc.

     

Google Inc.

Feb. 27, 2013

May 29, 2013

June 28, 2013

Google Inc. II

June 2, 2014

July 29, 2014

Sept. 10, 2014

LStelcom AG

June 18, 2013

     Nov. 14, 2013

Oct. 1, 2014

Key Bridge Global LLC

March 4, 2013

May 29, 2013

Nov. 19, 2013

Microsoft Corp.

     

Neustar Inc.

     

Spectrum Bridge Inc.

Sept. 14, 2011

Nov. 10, 2011

Dec. 22, 2011

iconectiv  (f/k/a Telcordia Technologies)

Dec. 2, 2011

Feb. 1, 2012

March 26, 2012

   WSdb LLC

     

Regulating the Internet "Like a Utility" Won't Yield an Open Internet - Unless ...

Simply imposing Title II won’t work.

[Blogmeister’s Reminder: The views here are those of the author, not necessarily shared by FHH colleagues and clients. Responses are welcome.]

Many of the three million (or so) comments in the net neutrality proceeding, based on our own small sample, urge the FCC to impose net neutrality rules by regulating the Internet “like a utility.”

Sorry. It won’t work.

“Regulating like a utility” means bringing Internet service providers (ISPs) under Title II of the Communications Act, which is the statutory basis for common carrier regulation. Title II prohibits “unjust or unreasonable discrimination.” Preventing discrimination is also the purpose of net neutrality. That looks like a good fit. Why isn’t it enough?

Congress enacted Title II in 1934 primarily to regulate telephone service. Telephones of that era delivered exactly one functionality: real-time voice transmission. Non-discrimination meant that everybody got a dial tone on equal terms. That was easy to regulate. Enforcement was easy, too, since one company handled local service in nearly every city and town, and was also the country’s only long-distance provider.

The Internet is vastly more complicated, with astronomical numbers of providers and services. A simple rule saying nothing more than ISPs “shall not discriminate” would be meaningless. An ISP’s capacity is, after all, finite. At peak times it may not be able to accommodate 100% of all potential content – email, Facebook posts, Netflix video, VoIP calls, people working from home, casual browsing. At those times, some discrimination must necessarily occur in allotting access to providers. The question, then, is how to ensure that the discrimination is “fair”. An effective non-discrimination rule would give an ISP managing a traffic overload clear guidance on which bits to send on and which to hold back in every possible situation. More than that, a proper rule would let the ISP program in algorithms that make these decisions automatically, on the fly.

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Broadcasters: Meet the New E-Filing System

Same as the old e-filing system? Maybe not. All broadcast forms will be reduced to a single form – plus schedules, of course.

The Media Bureau has announced the partial debut of the “Licensing and Management System” (LMS), an online filing system which, eventually, will replace the current system (i.e., the Consolidated Database System –what we know and love as CDBS) that’s been in operation since the turn of the century.

So CDBS may not be long for this world. Just how long will depend on how long the FCC takes to set up the necessary filing capabilities in LMS. But enough have been set up so far to open the doors for two specific types of applications.

In this case, full-power TV licensees and permittees are the ones on the cutting edge of technology: if you’re a full-power TV licensee or permittee and you need to file for a construction permit or covering license, you’ll be the first to experience LMS. That’s because, as of October 2, 2014, full-power TV folks in that position will have to file not a Form 301 (for a CP) or 302-DT (for a license), but a whole new Form 2100 (for either). And you’ll be filing that through LMS, not CDBS. In fact, as of October 2, CDBS won’t even be an option for such applications.

All broadcasters should get used to the notion of having to file Form 2100 because the Bureau’s goal is to reduce ALL broadcast applications to that single form.

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Petitioner Wants FCC to Ref "Redskins" Debate

Petition against a broadcast license renewal cites offensive nature of “Redskins” name as basis for denial. Should the FCC really be involved with this?

For years there’s been a steady drumbeat for the owners of the Washington, D.C. National Football League team to change the team’s name to something other than “the Redskins”. The contention is that the word “Redskins” is – in the eyes of both American Indians and non-Indians – an offensive ethnic slur. (In response, the team -- which has used that name for more than 80 years – says that it’s a tribute to American Indians' strength and courage, i.e., the antithesis of a slur.)

And now the FCC has been invited to blow the whistle, throw a flag, and rule the use of the term to be a license-ending infraction.

The Redskins-as-ethnic-slur controversy is not new, but it has seemed to gain momentum over the last couple of years, perhaps fueled by aggressive efforts to bring governmental authority to bear. For example, while a number of American Indians have waged an extended battle to get the U.S. Patent and Trademark Office to cancel the team’s registered trademarks, those efforts had been generally unsuccessful until mid-2014.

The response from the Redskins camp has been unequivocal: in a 2013 USA Today interview, the team’s owner, Dan Snyder, said that he will never change the name, adding famously that the interviewer could capitalize the word “NEVER”.

That hasn’t stopped various prominent folks from urging a change.

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The Form of Things to Come: Media Bureau Previews Relocation Fund Reimbursement Process

Comments sought on new Reimbursement Form and related instructions to be used by TV/MVPD’s for post-Incentive Auction claims

The Media Bureau has given the television industry a sobering glimpse of what life will be like immediately after the close of the Incentive Auction. All full-power and Class A licensees would be smart to take a look now so that they’ll be ready when the time comes. And make no mistake: the FCC is confident that the time will come.

This opportunity to gaze into the future is afforded by the Bureau’s draft TV Broadcaster Relocation Fund Reimbursement Form (Reimbursement Form), about which the Bureau is soliciting comments.

When the Incentive Auction rolls around, stations opting to participate will either give up their channels or agree to shift channels in return for a share of the proceeds from the auction. Stations electing not to participate in the auction will be squeezed (“repacked” is the term the Commission uses) into the lower end of the spectrum now allocated to TV. As a result, an unknown number of TV stations will be forced to change channels. Implementation of such changes will necessarily force the affected stations to spend money.

Not to worry (too much), however: the TV Broadcaster Relocation Fund (Fund) will come to the (partial) rescue.

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New Hope for Old Performance Right Holders

Turtle vets Flo and Eddie walk all over SiriusXM, relying on state law in copyright infringement case. A boost for possible Federal performance right royalties?

The concept of performance rights royalties has been given a limited, but potentially significant, shot in the arm by a Federal judge in California. As a result, the date of February 15, 1972 could become less of a barrier preventing artists who recorded songs prior to that date from demanding royalties for the public performance of their recordings.

This is thanks to two of the Turtles, Howard Kaylan and Mark Volman a/k/a Phlorescent Leech and Eddie a/k/a Flo and Eddie. (Curious about those alternative names? It’s a long story that involves the Mothers of Invention .) They successfully sued SiriusXM Radio for royalties arising from its performance of pre-2/15/72 Turtles tunes.

The court win opens the door for mid-20th Century artists to recover royalties from services like Sirius XM, Pandora – and even, in some instances, broadcasters – for playing their songs. And make no mistake, the number of artists in question is huge, including the Turtles, obviously, but also the Beatles, the Stones, Hendrix, Led Zeppelin, the Beach Boys, the classic Motown acts, etc., etc., to name just a small handful of artists whose works are still on many playlists today, more than 40 years down the road.

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Audio Division to AM Licensee: Tell City is No Mattoon

Division dismisses AMer’s request for waiver that would have allowed move-in of distant FM translator.

A Hail Mary tossed up by an AM licensee looking for quick access to an FM translator has fallen short of its mark with the Audio Division’s rejection of the licensee’s request to extend the Division’s “Mattoon waiver” policy. As a result, we can kiss good-bye (at least for the time being) to the notion of a “Tell City waiver”.

This is not particularly good news for the AM industry.

The story starts with Station WTCJ in Tell City, Indiana, an AM station saddled with a relatively meager 0.85 kW ERP. Presumably looking to improve its service by adding an FM translator to the mix, the licensee arranged to buy one and move it to Tell City. But the translator it contracted to buy had a couple of problems: it wasn’t anywhere near Tell City, and the frequency it was authorized to operate on wouldn’t work in Tell City anyway. In fact, its license would have to be moved about 61 channels up the dial to make it work.

Those factors were potential roadblocks because the translator moves (both geographically and spectrum-wise) necessary to make the translator useable in Tell City constituted “major changes” under the rules, and no opportunity for seeking “major changes” is currently available. The application appeared, therefore, to be a non-starter.

No problem. Knowing that the Audio Division has evinced some flexibility with respect to FM translator relocations in some contexts – most specifically, the Mattoon waiver policy adopted by the Division in 2011 to assist AM licensees – the WTCJ licensee figured that that spirit of flexibility and accommodation might work for him, too. So he asked for a waiver so that the proposed translator move could be treated as a “minor change”.

Nearly two years after the application was filed, the Division dismissed it.

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Update: Last Piece of U-NII Revisions Now In Effect

Back in April we reported on the adoption of new rules intended to beef up Wi-Fi operations across the country. All but one of those rules took effect in early June. The lone exception? Section 15.407(j), which had to be vetted by the Office of Management and Budget because it involves “information collections” that bring the hilariously-named Paperwork Reduction Act into play. According to a notice in the Federal Register, OMB signed off on that section late last month and now, thanks to that notice, Section 15.407(j) has taken effect as of September 24, 2014.

The newly effective rule requires people who deploy more than a thousand outdoor access points in the 5.15-5.25 GHz band to submit a letter to the FCC acknowledging they will have to take corrective action if they cause harmful interference to licensed services. Details are here.

Update: Effective Date of (Most) Revised Tower Rules Set

Last month we reported on the FCC’s overhaul of its antenna structure regulations. The Commission’s Report and Order has now made it into the Federal Register. That, of course, establishes the effective date of most of the revised rules – and that date is October 24, 2014. We say “most” of the revised rules because, wouldn’t you know it, a couple of the revisions involve “information collections” that have to be run past the Office of Management and Budget thanks to the Paperwork Reduction Act. Those revisions – which involve Sections 17.4, 17.48 and 17.49 – will kick in once OMB has given them the once-over. Check back here for updates.

The Tower Family Foundation: A Helping Hand to the Tower Worker Community

We down here in the CommLawBlog bunker want to shine a spotlight – make that a high intensity white strobe – on the Tower Family Foundation. Just now getting off the ground (full official name: the Tower Industry Family Support Charitable Foundation), it provides financial assistance to family members of tower workers who are severely injured, permanently disabled, or killed while doing their job. The Foundation is providing important support for workers who are essential to any communications operation whose business depends on equipment hanging off the side (or stuck on top) of a tower.

No, you probably don’t have any tower workers on your payroll. But you’ll need one when the storm blows your stick over, or you want to swap out your old antenna for a spiffy new model, or you’re trying to change transmitter sites. Tower workers are like surgeons: you may not need them often, but when you do, you generally need them (a) badly and (b) right away.

The trouble is that, unlike surgeons who work in the capacious climate-controlled comfort of an OR populated with lots of helping hands and cool whiz-bang technology, tower workers do their thing in lonely confined quarters hundreds of feet in the air, exposed to the elements; they work without much more than a few tools that can fit in a small bag. (Any skeptics need only check out this video – or others like it – to get a sense of working conditions at the top of a tower.) It is difficult and dangerous work. How dangerous? As we reported last February, in 2013 13 tower workers died in work-related accidents; four had died this year before February was half over.

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Intern-al Affairs II: Inviting More Former Interns to the Litigation Party

Two former interns take important step toward “class action” status.

Class. Some litigants have it. Some don’t.

A couple of folks who worked as interns at Gawker Media have managed to convince a Federal District Court Judge in New York that they might have it. And that’s bad news for Gawker.

If you’ve read my August, 2013 post about lawsuits brought against media companies by unpaid interns, you should have an idea of what I’m talking about. Two former interns (originally there were four, but two of them bailed) sued Gawker, claiming, among other things, that Gawker hadn’t paid them as required by the Fair Labor Standards Act (FLSA). To beef up their case, the two interns think that they might be able to expand the suit to become a “class action” in which they would be joined by bunches of other similarly-situated former Gawker interns.

And in August a U.S. District Judge in New York (and not just any judge – Judge Alison Nathan of Aereo fame! Is there anything she can’t do?) gave the plaintiffs the green light to go out and round up potential co-plaintiffs. (The name of the case is Mark v. Gawker Media LLC.)

The case is exactly what you’d expect in a Former Interns v. The Man lawsuit. The plaintiffs allege that they were never paid for the time they spent performing work that was “central to Gawker’s business model”. (For readers not au courant with everything on the Internet, Gawker is an “Internet publisher” which reportedly bills itself as “the source for daily Manhattan media news and gossip”.) The interns’ tasks included “writing, researching, editing, lodging stories and multimedia content, promoting content on social sites, moderating the comments forum and managing the community of Gawker users” – in the interns’ view, basically the stuff that kept Gawker up and running. Only they didn’t get paid.

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New Fast Lane in Open Internet Proceeding

FCC provides “bulk upload” option for adding even more comments to the million-plus already on file – now who’s going to read them all?

When last we took a sounding of the rising floodwaters of net neutrality comments, they were 1.1 million deep and more were pouring in. That was a month ago and, we’re pleased to report, the levees have apparently held. At least we assume that to be the case because the FCC has just announced, in effect, that it’s opening the dam upstream in an apparent effort to increase the flow of incoming comments.

In a blog post on the FCC’s website, the Commission’s Chief Information Officer advises that

[i]n the Commission’s embrace of Open Data and a commitment to openness and transparency throughout the Open Internet proceedings, the FCC is making available a Comma Separated Values (CSV) file for bulk upload of comments given the exceptional public interest.

If we’re understanding that correctly, the Commission is offering an express lane for the simultaneous submission of multiple comments (i.e., “bulk uploads”) to get them in the door even faster than might otherwise be the case. The need for that express lane isn’t immediately obvious: a quick spot-check in ECFS indicates that, since mid-August, comments have been flowing in smoothly, generally several thousand (occasionally more than 10,000) a day. With bulk uploads now available, we can look for that to increase.

But necessary or not, this development brings us back to something we have addressed before.

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Now Available: Kevin and Harry's Excellent "Whither Aereo" Webinar

If you missed the webinar Kevin Goldberg and Harry Cole presented on the latest twists and turns in the Aereo case (and the prospects for more twists and turns to come), worry not: it, like pretty much everything else, is on the Internet. The folks at Team Lightbulb, who arranged and promoted the webinar, have posted a recording of the show here – all audio and video included. It’s free.

Google Makes It to Finish Line In White Space Coordinator Race, Again

Google joins Key Bridge Global LLC, Spectrum Bridge, Telcordia and, um, Google, in the ranks of “approved” database coordinators.

Add one more (sort of) database coordinator to the “approved” list of white space database coordinators. The Commission has announced that Google has made it to the finish line – it's been approved to coordinate unlicensed “TV white space” devices. This is the second time Google has completed the process. As we have previously reported, Google was first approved in May, 2013. But then last June the Commission announced that Google had come back with a “major modification” to its already approved system – so much of a modification that it needed to go through the approval process again. (While that process chugged on, Google used the also-approved Spectrum Bridge system.) Now that modified Google system has been approved.

Google’s latest success has been included in the appropriate box below.

Five down (if you count Google twice), six to go. Check back here for further updates. 

(Fuzzy on the whole white space database administrator question?  Check out this post for some background.)

Coordinator

Test Started

Test Finished; Comments Sought

Coordinator Approved

Comsearch

Feb. 24, 2014

June 23, 2014

 

Frequency Finder Inc.

     

Google Inc.

Feb. 27, 2013

May 29, 2013

June 28, 2013

Google Inc. II

June 2, 2014

July 29, 2014

Sept. 10, 2014

LS telcom AG

June 18, 2013

     Nov. 14, 2013

 

Key Bridge Global LLC

March 4, 2013

May 29, 2013

 Nov. 19, 2013

Microsoft Corp.

     

Neustar Inc.

     

Spectrum Bridge Inc.

Sept. 14, 2011

Nov. 10, 2011

Dec. 22, 2011

Telcordia Technologies

Dec. 2, 2011

Feb. 1, 2012

March 26, 2012

   WSdb LLC

     

 

Now Available: Dan and Paul's Excellent Must-Carry Webinar

If you missed the webinar Dan Kirkpatrick and Paul Feldman presented on the basics of the must-carry/retransmission consent process, never fear: you can catch it in re-runs. We’ve posted a recording of the show here – all audio and video included. It’s free.

Look for a follow-up webinar exploring further details of the must-carry election process in coming months.