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<title>Techdirt. Stories filed under &quot;wireless&quot;</title>
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<item>
<pubDate>Fri, 17 May 2013 11:29:00 PDT</pubDate>
<title>Lots Of People Don't Turn Off Their Devices When They Fly</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130510/13023123037/lots-people-dont-turn-off-their-devices-when-they-fly.shtml</link>
<guid>http://www.techdirt.com/articles/20130510/13023123037/lots-people-dont-turn-off-their-devices-when-they-fly.shtml</guid>
<description><![CDATA[ I've always been careful about putting my phone into "airplane mode" when flight attendants ask.  However, a few years back, for reasons that I've yet to see any explanation for, flight attendants changed the script and started insisting that "flight mode" wasn't enough any more and you had to turn the phone all the way off.  I've asked many times why this switch was made, and no one can say.  At the point when that happened, I happened to have a smartphone that <i>had no ability to turn off</i>.  I looked.  There was no power button.  There was nothing in the software that was a "turn off" function.  The only way to turn it off was to pull out the battery.  I did that on a few flights and then figured it was stupid.  So I stopped.  And nothing happened.  With my current phone, I've tried to "turn it off" but even when it says it's turning off it's not really turning off (because when I switch the battery, it takes about 3 minutes to boot up -- but if I "turn it off" and then turn it back on, it's ready to go within a second).  Today, I still always put it into flight mode, but that's it.  I turn off the screen and put the phone away, but I don't "turn it off" because it's pretty clear the phone doesn't actually turn off.  And the requirement is silly.  Similarly, my tablet stays on in my bag and my laptop is generally in "sleep" mode, but not off.
<br /><br />
And I'm not alone.  It seems that <a href="http://bits.blogs.nytimes.com/2013/05/09/30-percent-of-passengers-accidentally-leave-a-device-on-during-flight/?smid=tw-share" target="_blank">lots of people leave their devices on</a> when they fly.
<blockquote><i>
<p>
In <a href="http://www.ce.org/News/News-Releases/Press-Releases/2013-Press-Releases/Most-U-S-Flyers-Brought-Portable-Electronic-Device.aspx">a study</a>&nbsp;released on Thursday&nbsp;by two industry groups, the&nbsp;<a href="http://apex.aero/">Airline Passenger Experience Association</a>&nbsp;and the&nbsp;<a href="http://www.ce.org/">Consumer Electronics Association</a>, as many as 30 percent of all&nbsp;passengers&nbsp;said they had accidentally left a device on during takeoff or landing. About 67 percent said they had never done this, always ensuring that their&nbsp;electronics were turned off. Four percent were unsure.
</p>
<p>
In another segment of the study, passengers were asked if they turn their devices to &#8220;off&#8221; when instructed to do so by the pilot. Although 59 percent of passengers said they do fully turn their electronics off, 21 percent said they often simply switch to &#8220;airplane mode,&#8221; which disables the main radios of a gadget. Five percent sometimes adhere to the rule. And others were either unsure or do not carry electronic devices on a plane.
</p>
</i></blockquote>
People give all sorts of reasons for why the devices should be turned off, but none of them make much sense.  There is the interference question, but given how many of these devices stay on, there would be at least some real evidence of interference by now if that were really a big concern.  There is the "gotta pay attention to the flight attendants" argument, but then they wouldn't let you sleep or read a book during takeoff.  There's the "flying device is dangerous if something goes wrong" argument, but that applies equally to books.  So, what is the reasoning?  There's either some reason that no one's explaining... or just a ridiculous overabundance of caution where it's clearly not necessary.
<br /><br />
Of course, as I was finishing up this post, someone passed along a Bloomberg video that claims <a href="http://www.youtube.com/watch?v=MaufI9-L5R0&#038;feature=youtube_gdata" target="_blank">that phones do interfere with flight GPS</a>.  If you look at <a href="http://www.businessweek.com/videos/2013-05-15/turning-off-iphone-critical-to-pilots?utm_content=buffere0cc1&#038;utm_source=buffer&#038;utm_medium=linkedin&#038;utm_campaign=Buffer" target="_blank">at the text that goes with the video</a>, they cite a story of a flight that went off course until flight attendants convinced someone to turn off an iPhone.  However, nowhere in the video do they even mention that story or give any data or support for that claim.  The video claims are also suspect.  They name a <i>single</i> study from nearly a decade ago talking about a single phone, which is no longer on the market, that caused some interference.  The other "studies" they look at include a very small number of claims from pilots who claim problems and that they "suspect" interference from phones, but those are never confirmed.  They found 75 such claims over six years, but without any evidence to back them up.
<br /><br />
Again, given how often people leave their devices on, you would expect a lot more verifiable evidence beyond a few pilots "suspecting" that phones were the problem, when a variety of other variables might have been a part of it.<br /><br /><a href="http://www.techdirt.com/articles/20130510/13023123037/lots-people-dont-turn-off-their-devices-when-they-fly.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130510/13023123037/lots-people-dont-turn-off-their-devices-when-they-fly.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130510/13023123037/lots-people-dont-turn-off-their-devices-when-they-fly.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-no-damage-yet</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130510/13023123037</wfw:commentRss>
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<item>
<pubDate>Tue, 14 May 2013 09:46:00 PDT</pubDate>
<title>Why ESPN's Offer To Pay To Have Its Content Bypass Data Cap Meters Plays Right Into The Hands Of Wireless Providers</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130510/18001823041/why-espns-offer-to-pay-to-have-its-content-bypass-data-cap-meters-plays-right-into-hands-wireless-providers.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130510/18001823041/why-espns-offer-to-pay-to-have-its-content-bypass-data-cap-meters-plays-right-into-hands-wireless-providers.shtml</guid>
<description><![CDATA[ <p>
ESPN has been making a little bit of noise recently about being willing to throw a few bucks towards wireless providers in exchange for letting its content roll through to users without affecting their data caps. While this may sound like a good deal for sports fans stuck with low data caps, there's a whole lot wrong with this "offer," above and beyond the obvious "pay-to-skirt-net-neutrality" issue.
Chris Morran <a href="http://consumerist.com/2013/05/10/why-were-praying-that-espn-does-not-begin-subsidizing-wireless-plans/" target="_blank">has a good rundown of the negative side effects ESPN's data subsidy would unleash</a>. First and foremost, ESPN offering to help out users with data caps plays right into the industry's talking points.
<blockquote>
<i>
</i><i>Subsidizing wireless usage in this way would only give rise to this myth that smartphone data plans are capped because of congestion and a supposed high cost of moving data. However, studies show that the <a href="http://consumerist.com/2012/12/18/new-report-says-cash-cow-data-caps-are-about-pleasing-investors-not-congestion/" target="_blank">cost of delivering content to wireless customers has dropped</a> while the user base has increased.</i></blockquote>
Morran's right. The last thing the wireless providers need is someone granting credence (albeit in a very roundabout way) to their ongoing myth of <a href="http://www.techdirt.com/articles/20130118/17425221736/cable-industry-finally-admits-that-data-caps-have-nothing-to-do-with-congestion.shtml" target="_blank">congestion and costs</a>. This allows these providers to continue dining out on this story while simultaneously casting themselves as "good guys" in the new narrative. "See, we're allowing you to access popular content without using up a chunk of your data plan!" ESPN gets preferential treatment, the providers make more money and everyone wins. Well, almost.
<blockquote>
<i>Well-heeled content providers like ESPN would not be hurt financially by subsidies, but if they became standard, that extra could effectively put up a huge roadblock &mdash; or at least a very nasty speed bump &mdash; to smaller startups seeking to compete.</i></blockquote>
Basically, if one content provider is shown preference in exchange for a fee, it makes it tougher for the competition to reach consumers. If FOX Sports is just going to eat away at your data plan, it only makes sense to switch to the "free" data ESPN is providing. Wireless companies will be able to leverage content providers against each other, gradually levelling the playing field with fat stacks of subsidy dollars.
<br /><br />
If ESPN is able to follow through on its plan, this will become the norm. Wireless providers will have a new source of income and exactly zero reasons to increase or remove <a href="http://www.techdirt.com/blog/wireless/articles/20130226/10324722119/mobile-operator-ceo-customers-under-our-data-caps-dont-use-much-data-so-nobody-needs-unlimited-data.shtml" target="_blank">data caps</a>, seeing as the caps themselves are providing the incentive for content providers to ante up for unmetered data to keep consumers hooked.
<br /><br />
As unmetered data usage increases, the wireless providers will simply adjust the argument, stating that this new level of network strain requires data caps to stay in place and that the infrastructure improvements needed to support this will require higher overage fees and lower caps.
<br /><br />
Morran argues it shouldn't be that way, and again, he's right, but given the track record of most providers when it comes to data caps, nothing will change but the amount of cash flowing towards wireless companies.
<blockquote>
<i>If content providers do begin subsidizing wireless plans, then consumers should demand lower monthly rates &mdash; or the elimination of data caps entirely, as that extra cost will be borne by ESPN and others. Of course, we all know that will never happen.</i></blockquote>
Consumers can make all the demands they want, but the simple fact is most of them lack the options to make a stand on principle. Even in areas covered by more than one provider, the differences between the "competing" companies is almost imperceptible.
<br /><br />
From a business standpoint, this works out extremely well for ESPN. Even if most customers are in no danger of hitting their data cap, the pull of unmetered data is very strong. Unfortunately, it works out all too well for wireless providers, most of whom have shown little interest in upgrading their infrastructure even as they shed crocodile tears over congestion.
<br /><br />
</p><br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130510/18001823041/why-espns-offer-to-pay-to-have-its-content-bypass-data-cap-meters-plays-right-into-hands-wireless-providers.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130510/18001823041/why-espns-offer-to-pay-to-have-its-content-bypass-data-cap-meters-plays-right-into-hands-wireless-providers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130510/18001823041/why-espns-offer-to-pay-to-have-its-content-bypass-data-cap-meters-plays-right-into-hands-wireless-providers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>stop-it,-ESPN.-you'll-just-encourage-them.</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130510/18001823041</wfw:commentRss>
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<item>
<pubDate>Wed, 17 Apr 2013 17:00:00 PDT</pubDate>
<title>DailyDirt: Smaller, Better, Faster Wireless</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20110105/20202912543/dailydirt-smaller-better-faster-wireless.shtml</link>
<guid>http://www.techdirt.com/articles/20110105/20202912543/dailydirt-smaller-better-faster-wireless.shtml</guid>
<description><![CDATA[ The term wireless is a bit strange because it classifies a whole range of modern technology by the lack of a wire. Cordless technologies are getting better all the time, but the reliability and transfer speeds of wires are still superior in many ways. Thankfully, there are plenty of folks working on making wireless equipment that is faster and smaller, pushing the capabilities of wireless transmissions to make mobile devices better and better. Here are just a few notable milestones.

<ul>

<li> <a title="http://www.extremetech.com/extreme/131640-infinite-capacity-wireless-vortex-beams-carry-2-5-terabits-per-second" href="http://bit.ly/YGB50q">Transmitting a wireless signal at 2.5 terabits per second isn't anywhere near commonplace yet, but maybe someday wireless spectrum will have almost unlimited capacity.</a> Networking equipment that can handle both orbital angular momentum (OAM) and spin angular momentum (SAM) modulation will have to get out of research labs first. [<a href="http://www.extremetech.com/extreme/131640-infinite-capacity-wireless-vortex-beams-carry-2-5-terabits-per-second">url</a>]</li>

<li> <a title="http://ns.umich.edu/new/releases/8462" href="http://bit.ly/100BVHu">Antennas can be the largest component in a wireless device, but a hemispherical antenna design might approach fundamental size limits.</a> Phones might not get any smaller, but there could be more room for batteries.... [<a href="http://ns.umich.edu/new/releases/8462">url</a>]</li>

<li> <a title="http://www.technologyreview.com/news/511726/graphene-antennas-would-enable-terabit-wireless-downloads/" href="http://bit.ly/ZwXzUG">Antennas made of thin films of graphene could allow for terabit per second data transfers over short distances.</a> Graphene is still a tricky material to work with, but as researchers work out how to make useful electronics from graphene, there could be some amazingly small wireless devices in the future. [<a href="http://www.technologyreview.com/news/511726/graphene-antennas-would-enable-terabit-wireless-downloads/">url</a>]</li>

</ul>

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a> via StumbleUpon.<br /><br /><a href="http://www.techdirt.com/articles/20110105/20202912543/dailydirt-smaller-better-faster-wireless.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110105/20202912543/dailydirt-smaller-better-faster-wireless.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110105/20202912543/dailydirt-smaller-better-faster-wireless.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110105/20202912543</wfw:commentRss>
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<item>
<pubDate>Tue, 12 Feb 2013 03:34:54 PST</pubDate>
<title>China Tries To Bolster Claim To Disputed Pacific Islands By Upgrading Mobile Coverage There</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130108/07354721604/china-tries-to-bolster-claim-to-disputed-pacific-islands-upgrading-mobile-coverage-there.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130108/07354721604/china-tries-to-bolster-claim-to-disputed-pacific-islands-upgrading-mobile-coverage-there.shtml</guid>
<description><![CDATA[ <p>The <a href="https://en.wikipedia.org/wiki/Spratly_Islands">Spratly Islands</a> are some 750 reefs, atolls and islands in the South China Sea that are claimed variously by Brunei, the People's Republic of China, the Republic of China (Taiwan), Malaysia, the Philippines and Vietnam.  That's largely because of the rich fishing grounds that surround them, and the possibility of significant oil and gas reserves nearby.
</p><p>
In order to reinforce those claims, most of the countries listed above have stationed a few military personnel on a few of the larger islands.  Recently, <a href="http://www.techinasia.com/vietnamese-complain-as-chinese-3g-disputed-spratly-islands/">China has come up with a novel way of bolstering its position</a>:

<i><blockquote>In the ongoing dispute over the Spratly Islands claimed by China and Vietnam, the latest development is that China is opening up 3G services on the islands, not only to Chinese soldiers but also for the country's fishermen.</blockquote></i>

As the Tech In Asia article quoted above explains:

<i><blockquote>Chinese soldiers and fishermen will now be able to text message, call, and chat online with family back home over the new 3G network. This upgrade to 3G from regular cellular coverage (started in 2011) and the recent 3G network in the disputed Paracel Islands in July 2012 signals a more permanent Chinese presence on the rocky outposts.</blockquote></i>

What's interesting here is how this tighter integration with the domestic network is used symbolically to underline that the various islands are -- in China's view -- part of its territory.  It can be thought of as the 21st-century equivalent of building roads in the Roman Empire, or laying down railway tracks in the American West.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130108/07354721604/china-tries-to-bolster-claim-to-disputed-pacific-islands-upgrading-mobile-coverage-there.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130108/07354721604/china-tries-to-bolster-claim-to-disputed-pacific-islands-upgrading-mobile-coverage-there.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130108/07354721604/china-tries-to-bolster-claim-to-disputed-pacific-islands-upgrading-mobile-coverage-there.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>new-railways</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130108/07354721604</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 5 Feb 2013 09:34:38 PST</pubDate>
<title>AT&amp;T Can Foist Its Data Plans On You, Whether You Use It Or Not</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130204/09415221876/att-can-foist-their-data-plans-you-whether-you-use-it-not.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130204/09415221876/att-can-foist-their-data-plans-you-whether-you-use-it-not.shtml</guid>
<description><![CDATA[ Our most recent posts on AT&T share something of a theme in that they're about what they <i>won't</i> enable you to do. For instance, you can't inform them of a security hole or you'll face <a href="http://www.techdirt.com/articles/20121121/09030521112/expose-blatant-security-hole-att-face-five-years-jail.shtml">years</a> of prison time. Likewise, we learned recently of their plans to limit what you can do on the internet, or limit your access entirely via one flavor of the now infamous "<a href="http://www.techdirt.com/articles/20130111/16325521645/details-various-six-strikes-plans-revealed-may-create-serious-problems-free-wifi.shtml">Six Strikes</a>" plans. Hell, sometimes AT&T doesn't even allow <i>competitors</i>, because logic based on <a href="http://www.techdirt.com/blog/wireless/articles/20121109/07434820984/att-admits-that-whole-spectrum-crunch-argument-it-made-why-it-needed-t-mobile-wasnt-true.shtml">lies</a> is so much more gratifying. That said, we make a habit here of pointing out when companies manage to go the other way and enable rather than disable, so it's with that in mind that we congratulate AT&T for generously enabling (and charging) customers for data plans on used smart phones their customers bought, even when those customers disabled and refuse to use any data applications. (In case you're slow on the uptake: that's sarcasm.)<br />
<br />
Joel Runyon has the heartfelt story of how AT&T looked out for his own best interests by charging him for a <a href="http://clickboom.me/att-will-not-let-you-not-have-a-data-plan-wit">data plan he didn't want, never used, and specifically turned off on his phone</a>.
<blockquote>
<i>4-5 months ago, the hardware on my old flip phone was dying (that happens when it's from 2008). I was out of contract with AT&T and so I could have chose to get a new subsidized phone & shiny new 2-year contract with them, but I simply bought a used out-of-contract iPhone 4 from my friend and swapped in my sim card (that whole commitment thing again). Again, no problems. America! Neat.<br />
<br />
After using the iPhone as a dumb phone for all intents & purposes (call, text, no data) for the last 4-5 months or so, I get a text message out of the blue from AT&T that they've detected I'm using a smart phone and that all smart phones require a data plan - never mind that I actually had data turned off. That would be only a little annoying if it was just a notification message, but they went ahead, chose a data plan for me, and started billing me from then on.</i></blockquote>
Yes, AT&T unilaterally decided a data plan was needed for all of the data Joel <i>didn't</i> need and didn't use. This wasn't a new contract along with a subsidized phone. Simply by putting his existing sim card in a used phone he bought elsewhere, this automagically meant he was given a data plan and billed for it. No discussion, no contract, just instant data plan.
<center>
<p>
<a href="http://www.flickr.com/photos/techfun/2409600175/" title="EARTHQUAKE Office!!! by techfun, on Flickr"><img src="http://farm3.staticflickr.com/2112/2409600175_12b03b4aaa.jpg" width="300" alt="EARTHQUAKE Office!!!"/></a><br />
<span style="font-size:10px;">"Welcome to AT&T customer service. Now, if you'd kindly go f@*# yourself..."<br />
Image <a href="http://www.flickr.com/photos/techfun/2409600175/">source</a>: CC BY-SA 2.0</span></p>
</center>
<p>
Offering customers choices is a good thing. Limiting them is not. Forcing a plan on someone who has no intention of using it and charging them for it is about the best way I can think of to lose a customer. When Runyon contacted AT&T about this, they apparently replied that this was "standard practice," in which case it should probably be "standard practice" to find another carrier.
</p><br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130204/09415221876/att-can-foist-their-data-plans-you-whether-you-use-it-not.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130204/09415221876/att-can-foist-their-data-plans-you-whether-you-use-it-not.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130204/09415221876/att-can-foist-their-data-plans-you-whether-you-use-it-not.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>eff-the-customer</slash:department>
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</item>
<item>
<pubDate>Tue, 5 Feb 2013 05:34:07 PST</pubDate>
<title>The Real Story Behind 'Super WiFi' And The Fight Over Spectrum; It's Not What You Read Yesterday</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130205/00022821883/real-story-behind-super-wifi-fight-over-spectrum-its-not-what-you-read-yesterday.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130205/00022821883/real-story-behind-super-wifi-fight-over-spectrum-its-not-what-you-read-yesterday.shtml</guid>
<description><![CDATA[ Early yesterday morning, I saw that Cecilia Kang at the Washington Post had a story up about the years-long fight for white spaces entitled: <a href="http://www.washingtonpost.com/business/technology/tech-telecom-giants-take-sides-as-fcc-proposes-large-public-wifi-networks/2013/02/03/eb27d3e0-698b-11e2-ada3-d86a4806d5ee_story.html" target="_blank">Tech, telecom giants take sides as FCC proposes large public WiFi networks</a>. It struck me as odd, because so much in the article seemed... wrong or misleading. The main part about efforts to finally do something with the old TV spectrum isn&#39;t anything new at all. We first wrote about the FCC "proposing" this <a href="http://www.techdirt.com/blog/wireless/articles/20040513/193921.shtml">back in 2004</a> and have covered it a few times since. The FCC has been trying to use some of that TV spectrum for better, more efficient and more useful endeavors. It&#39;s been an ongoing battle that feels like it&#39;s never going to end. The short version is that TV broadcasters got a ton of free spectrum many years ago (just look at how giant chunks of the <a href="http://upload.wikimedia.org/wikipedia/commons/4/45/United_States_Frequency_Allocations_Chart_2003_-_The_Radio_Spectrum.jpg" target="_blank">spectrum chart belong to TV broadcasters</a>). A big part of the move to digital TV was to force broadcasters to give up a chunk of wasted, valuable spectrum that can be turned into (among other things) some useful wireless services. TV broadcasters hate this and have been fighting it in a variety of ways.<br />
<br />
The latest version of this plan is for the FCC to do a multi-part, multi-directional "auction" process for a chunk of spectrum currently held by the broadcasters. Part of that auction would be to offer incentives to broadcasters to cough up the spectrum. And then part of it would be auctioning off whatever spectrum broadcasters agree to dump. Finally, part of it would also include designating some portion of the spectrum for unlicensed uses.<br />
<br />
All of this is ancient history. Really ancient history. So why is the Washington Post suddenly covering this? From the article, you&#39;d be forgiven for thinking that this is all new and that the FCC has plans for some amazing <i><b>free</b></i> "super WiFi." Except that&#39;s not true. At all. Well, except the part that caught most people&#39;s attention: that this would be about offering "free internet service" across the country. That part is new. <i><b>And that&#39;s because it&#39;s not true.</b></i> You still need backhaul and service. It&#39;s just about freeing up the spectrum so that it can be used to provide service. The FCC isn&#39;t suddenly planning to get into the broadband service ISP business. Nor could they.<br />
<br />
Think of it this way: just because WiFi exists, it does not mean that everyone suddenly has free internet access if they buy a WiFi router at their local Best Buy. Nope. They have to <i>connect</i> that to a service. Same thing with anything being talked about here. More spectrum may be freed up for "open" use -- meaning more things like WiFi -- but there will still be service providers offering services over it in some form or another. Could some of them offer "free" service? Possibly. Just like you might get "free" internet access from your neighbor with open WiFi, who pays for his connection. But that&#39;s not what anyone&#39;s really talking about.<br />
<br />
However, if <i>you</i> could be forgiven for thinking that this was new and amazing (and true), I don&#39;t think the same forgiveness should be given to parts of the press <i>who ate this story up</i>. Business Insider (apparently, without any benefit from any <i>actual</i> "insider") wrote a <a href="http://www.businessinsider.com/fcc-government-public-wifi-networks-2013-2" target="_blank">breathless piece</a> about telcos trying to stop the government from offering super WiFi. Except... no. Others, who should have known better yet still wrote about it, included <a href="http://www.popsci.com/technology/article/2013-02/fcc-proposes-national-free-super-wifi-network" target="_blank">Popular Science</a> (awful) and <a href="http://mashable.com/2013/02/04/public-wifi-networks/" target="_blank">Mashable</a>.<br />
<br />
Moving to the mainstream, newswire UPI <a href="http://www.upi.com/blog/2013/02/04/FCC-proposes-free-super-WiFi-service-for-public/9761359998050/" target="_blank">picked up the story</a>, taking some comments from FCC boss, Julius Genachowski, out of context. He was quoted in the Post piece as saying "Freeing up unlicensed spectrum is a vibrantly free-market approach that offers low barriers to entry to innovators developing the technologies of the future and benefits consumers." But the confusion is his use of "free." He&#39;s not talking "free service" but freeing the spectrum so that anyone can offer services, like WiFi, over it without having to buy a license.<br />
<br />
Others similarly jumped on the story without understanding it at all. The Daily Caller talked about it as if it was <a href="http://dailycaller.com/2013/02/04/fcc-wants-free-wifi-for-all/" target="_blank">some new plan</a>, as did <a href="http://myfox8.com/2013/02/04/fcc-calls-for-free-nationwide-wifi/" target="_blank">Fox</a>. Similarly, you had <a href="http://thinkprogress.org/economy/2013/02/04/1536631/four-benefits-fcc-public-wifi-proposal/?mobile=nc" target="_blank">ThinkProgress</a> and <a href="http://www.salon.com/2013/02/04/free_wifi_from_the_government/singleton/" target="_blank">Salon</a> chiming in on the other side of the political spectrum.<br />
<br />
Thankfully, some spoke up in response, but even then there&#39;s still some head-scratching about this whole thing.<br />
<br />
Karl Bode, over at DSLReports, quickly questioned Kang about the whole story, and she claimed that the story was <a href="http://www.dslreports.com/shownews/New-FCC-Super-WiFi-Initative-Not-Really-New-123000" target="_blank">"motivated by the new comments to the FCC"</a> from various players both in support and in opposition of the latest spectrum auction concerning "white spaces." But... again, the auction has been planned for a while -- and it&#39;s not really about "white spaces" but adding existing "white space rules" to some of the newly available spectrum (more below). There&#39;s really nothing new here, other than some comment filings about how this auction should go down, which add little to the discussion beyond what&#39;s been said already. It&#39;s the same players saying the same thing, but just in direct reference to the upcoming spectrum auction.<br />
<br />
Jerry Brito, over at the Tech Liberation Front, <a href="http://techliberation.com/2013/02/04/all-you-need-to-know-about-super-wi-fi-in-one-tweet/" target="_blank">digs into the details</a> and suggests that this whole thing involves something of a comedy of errors, with massive confusion not just over what&#39;s been going on with TV white spaces, or the new comments, or the upcoming spectrum auction... but also with <i>a completely different band of spectrum</i> that Genachowski spoke about last month at CES.
<blockquote>
<i>Parsing Kang&#39;s story a little bit more since posting this, I&#39;ve become even more confused. In her tweet she says she&#39;s talking about the white spaces in the incentive auction NPRM, but those couldn&#39;t possibly be used for a nationwide wireless network since they&#39;d be low-power Part 15 type bands. Also, unlicensed in the 600 MHz guard bands are not Chairman Genachowski&#39;s design, they were allowed by Congress when they gave the FCC auction authority. So what is Kang referring to? Most likely it is the Chairman&#39;s initiative, announced at CES earlier this month, to <a href="http://gigaom.com/2013/01/09/fcc-set-to-release-more-spectrum-to-feed-our-need-for-wi-fi/">clear 195 MHZ in the 5 GHz band to improve Wi-Fi</a>.... Bottom line, I think Kang conflated two separate proceedings into one big non-story that made it past the </i><i>Washington Post</i>&#39;s editors all the way to the top left corner of the front page. I hope there is a correction tomorrow.</blockquote>
While this actually makes some sense, I don&#39;t think that&#39;s correct either. After all, the FCC&#39;s <a href="http://www.fcc.gov/document/broadcast-television-spectrum-incentive-auction-staff-summary" target="_blank">own summary</a> of the upcoming incentive auctions makes it clear that it views "super WiFi" as a possible outcome from the television white spaces being unlicensed:
<blockquote>
<i>The FCC recently developed provisions for unlicensed devices to operate on TV channels that are not used at any given locations, called "white spaces." Interference is avoided by controlling access to the spectrum through a database of protected service areas. The white spaces in the TV spectrum offer an opportunity for a new generation of products such as Super Wi-Fi and wireless broadband services for communities, particularly in rural areas. In the incentive auction proceeding, the FCC proposes to make a substantial amount of additional spectrum available for unlicensed uses. First, the Commission proposes to continue allowing the operation of white space devices in the broadcast television spectrum in the newly repacked band. In addition, the FCC proposes to make the guard bands in the new band plan available for unlicensed use. Under the plan discussed above, the two proposed guard bands would be 6 MHz wide and could be larger when accounting for the addition of "remainder spectrum" resulting from the uneven division of 6 MHz wide television channels into 5 MHz blocks. Furthermore, the FCC proposes allowing unlicensed devices to operate for the first time on Channel 37 by establishing appropriate protections for existing operations in the white space database. Taken together, the FCC&#39;s proposals will enable a substantial amount of spectrum use by unlicensed devices. A significant portion of this spectrum will be available on a nationwide basis, which is important because there currently is little or no white space in the TV bands in parts of many major markets. In making these proposals, the FCC seeks to promote greater innovation in new products and services, including increased access for wireless broadband services across the country. </i></blockquote>
The confusion, I believe, is that the FCC is talking about two different types of spectrum in the above quote, though if you&#39;re not reading carefully, you might think that it&#39;s just about the spectrum they plan to be auctioning off. That&#39;s not the case. Much of the above is actually talking about the <i>existing</i> TV white space spectrum that has been fought over (which is generally in the 700 MHz realm -- 698 to 806 MHz). The new spectrum auction is in the 600 MHz block (572 to 698 MHz), but as <i>part</i> of the discussion on this <i>new</i> auction, the FCC is reminding people that (a) the existing TV white spaces will remain available for unlicensed use <i>and</i> (b) that the new auctions should, in theory, add additional open spectrum to them (under the same rules), specifically looking at freeing up channel 37 (608 to 614 MHz) (once called <a href="http://www.ae5d.com/37/" target="_blank">"the last empty channel"</a>), as well as portions of the so-called "guard bands" between licensed spectrum chunks, that they would like to "add" to the existing white space rules, which are supposed to minimize (or eliminate) interference problems in the white space.<br />
<br />
The "comments" that were given by various players are really just about how the auction should run, with some discussing how much space should be allocated to such unlicensed uses. In particular, many weighed in on how much should be allocated to the "guard bands" and whether they should be attached to existing TV white space rules for interference-avoiding open spectrum. Kevin Drum, over at Mother Jones, actually has one of the <a href="http://www.motherjones.com/kevin-drum/2013/02/public-use-public-airwaves" target="_blank">better explanations</a> for the complexities of the upcoming auctions, and the issue of guard bands:
<center>
<a href="http://imgur.com/Dc5udt5"><img src="http://i.imgur.com/Dc5udt5.jpg" width="560" /></a></center>
<p>
In short, because there&#39;s that first reverse auction in which broadcasters are supposed to be incentivized to cough up existing spectrum (again, which taxpayers gave them for free...), it&#39;s not entirely clear how much 600 MHz spectrum will be available to be auctioned off to anyone. Basically, they have these two chunks, starting at 608 MHz and counting down, and another at 698 MHz and counting down -- and the total amount available will depend on how much the broadcasters agree to cough up in the reverse auction. At the "bottom" of that range, the FCC has proposed a 6 MHz guard band for each of these chunks, and making much of that subject to the existing white space rules and hopefully allowing something useful to be done with that unlicensed spectrum, especially if it&#39;s combined with other available white space. The "guard bands" are called that, as they&#39;re supposed to "guard" between interference between licensed spectrum on either side, though there&#39;s a fair bit of debate over how much space is really needed to "guard" such interference. That argument leads to some suggesting that the FCC is offering up too much for the guard bands in an effort to get more unlicensed spectrum on the market.<br />
<br />
The fight is over how much spectrum is used for unlicensed and how much for licensed. The telcos, like AT&#038;T, want to <a href="http://attpublicpolicy.com/wireless/opportunity-in-the-600-mhz-band/" target="_blank">limit</a> the unlicensed spectrum, while internet companies, like Google, want as much of it as possible. Similarly, there are some in Congress who are against offering very much (if any) unlicensed spectrum, taking the really dumb short term view that any unlicensed spectrum (even if it leads to tax-creating innovations) is leaving money on the table, since telcos are expected to spend billions buying up any licensed spectrum available. Again, though, that&#39;s the same old story.<br />
<br />
In short: there&#39;s an ongoing fight about how much spectrum in newly auctioned 600 MHz spectrum will be "unlicensed," which is important for some cool things. But, that&#39;s got little to do with a magic "free" nationwide internet service. This is important stuff, but the reporting by many folks has been abysmal.
</p><br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130205/00022821883/real-story-behind-super-wifi-fight-over-spectrum-its-not-what-you-read-yesterday.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130205/00022821883/real-story-behind-super-wifi-fight-over-spectrum-its-not-what-you-read-yesterday.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130205/00022821883/real-story-behind-super-wifi-fight-over-spectrum-its-not-what-you-read-yesterday.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>holy-crap</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130205/00022821883</wfw:commentRss>
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<pubDate>Wed, 30 Jan 2013 14:33:00 PST</pubDate>
<title>Ericsson Sells 2,185 Mobile Tech Patents To Newly Minted Troll, Unwired Planet</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130114/18214821670/ericsson-sells-2185-mobile-tech-patents-to-newly-minted-troll-unwired-planet.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130114/18214821670/ericsson-sells-2185-mobile-tech-patents-to-newly-minted-troll-unwired-planet.shtml</guid>
<description><![CDATA[ Well, if it wasn&#39;t clear before, it&#39;s certainly official now. Unwired Planet (formerly Openwave), a former innovator in the WAP browser field, <a href="http://www.techdirt.com/blog/wireless/?company=unwired+planet" target="_blank">decided back in April</a> that it was no longer interested in competing in the marketplace. Instead, it set the dials to "troll" and announced a new "corporate strategy," one that would punish <i>actual</i> innovators for innovating. CEO Mike Mulica announced a "multi-pronged strategy to realize the value of [Unwired Planet&#39;s] unique patent portfolio."<br />
<br />
Now, <a href="http://www.forbes.com/sites/ericsavitz/2013/01/14/litigation-ahead-unwired-planet-buys-2185-ericsson-patents/" target="_blank">an aider and abettor has thrown Unwired Planet 2,185 additional trolling devices</a>.
<blockquote>
<i>Last week, Unwired Planet, a patent licensing company that once upon a time was an Internet services company called Openwave, <a href="http://finance.yahoo.com/news/unwired-planet-strengthens-mobile-intellectual-210500784.html" target="_blank">announced a deal</a> to acquire a portfolio of 2,185 U.S. and international patents and patents pending from Ericsson.</i><br />
<br />
<i>The company said the deal &ldquo;significantly broaden[s] Unwired Planet&rsquo;s Mobile Internet-focused portfolio,&rdquo; including 753 U.S. issued patents related to 2G, 3G and LTE technologies. Ericsson will also contribute 100 additional patent annually to Unwired Planet from 2014 through 2018. Terms call for Unwired Planet to compensate Ericsson with certain ongoing rights in future revenues generated from the enlarged patent portfolio. Unwired Planet will also grant Ericsson a license to the Company&rsquo;s enlarged patent portfolio.</i></blockquote>
In other words, Ericsson will profit from any litigation or settlements Unwired Planet manages to extract from tech companies. Pretty good money, if you don&#39;t mind being part of the problem. Mulica was on hand again to put lipstick on the troll-pig with plenty of words that dance around the shakedown-and-sue "business model" Unwired is calling a "corporate strategy" these days.
<blockquote>
<i>Unwired Planet CEO Mike Mulica said in a statement that his company looks forward to &ldquo;leveraging a strong, multi-dimensional patent portfolio and furthering discussions with key industry players who are interested in licensing these inventions to protect and further build their product strategies.&rdquo;</i></blockquote>
Well, just replace "leveraging" with "exploiting" and "furthering discussions" with "shakedown letters" and "interested in" with "forced to" and we&#39;ve got ourselves a sentence! For that matter, let&#39;s replace "protect and further build" with "tentatively move forward in a highly litigious atmosphere, infested with tapeworms sporting UP/E logos."<br />
<br />
The costs inflicted by the new hybrid tapeworm will, of course, be passed on to the end users in the form of increased costs, fewer innovations and <a href="http://www.techdirt.com/articles/20060203/0332207.shtml" target="_blank">East Texan accents</a>. Ericsson will receive, in exchange for patents covering a broad swath of "telecommunications infrastructure" (and part of its <strike>soul</strike> reputation), 20% of the first $100 million, increasing to 70% should Unwired be able to hit the $500 million mark. Unwired has already <a href="http://www.forbes.com/sites/ericsavitz/2012/09/20/unwired-planet-sues-apple-google-with-infringing-10-patents-each/" target="_blank">fired an opening salvo in the direction of Apple and Google</a>, so the sky&#39;s the theoretical limit.<br />
<br />
In addition, America itself will be blessed with several million more reasons for newly minted lawyers to embrace the patent field, which despite the best (but still <a href="http://www.techdirt.com/articles/20130102/12173821549/congress-so-dysfunctional-it-cant-even-fix-errors-it-admits-it-made-patent-reform.shtml" target="_blank">very poorly done</a>) efforts of the US government, still offers a good chance to make big money by doing little more than spamming successful companies with threatening letters.&nbsp;<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130114/18214821670/ericsson-sells-2185-mobile-tech-patents-to-newly-minted-troll-unwired-planet.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130114/18214821670/ericsson-sells-2185-mobile-tech-patents-to-newly-minted-troll-unwired-planet.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130114/18214821670/ericsson-sells-2185-mobile-tech-patents-to-newly-minted-troll-unwired-planet.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>2185-EXPLOITABLES!-NIB!-BID-NOW!!!</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130114/18214821670</wfw:commentRss>
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<pubDate>Wed, 30 Jan 2013 10:36:44 PST</pubDate>
<title>Google Decides Smartphone Market Share Is More Important Than Net Neutrality</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130123/11101721766/google-decides-smartphone-market-share-is-more-important-than-net-neutrality.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130123/11101721766/google-decides-smartphone-market-share-is-more-important-than-net-neutrality.shtml</guid>
<description><![CDATA[ <p>As a recent post noted, <a href="https://www.techdirt.com/articles/20130122/08010921750/france-cradle-three-strikes-punishment-explores-another-bad-idea-killing-net-neutrality.shtml">net neutrality</a> is under threat in France, with ISPs like Free asking Google to pay extra for delivery of its traffic.  According to this post on the Forbes Web site, <a href="http://www.forbes.com/sites/ewanspence/2013/01/20/why-oranges-dominance-in-africa-forced-google-to-pay-for-traffic-over-their-mobile-network/">Google has already agreed to pay the French telecoms company Orange in precisely this way</a>.  As well as damaging the whole principle of net neutrality, something that Google has been championing for <a href="http://www.google.com/help/netneutrality_letter.html">many</a> <a href="http://www.koreatimes.co.kr/www/news/tech/2012/07/133_115067.html">years</a>, this would seem to be a pretty bad business decision.  After all, if Orange is now getting paid to carry Google's traffic, why shouldn't every other telecom company out there also receive money for delivering Google's services?
</p><p>
It turns out that there are some very specific reasons why Google might have taken this surprising step, as Forbes explains:

<i><blockquote>Orange have implied their strong market position in Africa provided them sufficient leverage in the discussions with Google.
<br /><br />
The African market is currently making the switch from feature phones with limited data access, to low-cost smartphones that provide far greater access to the internet and web services. Low-cost smartphones that are predominantly powered by Android. Google wants the emerging market to be running their OS so they can effectively monetize the continent. What they don't want is another platform becoming established, such as Nokia's low-cost Windows Phones or the upcoming Blackberry 10 devices.</blockquote></i>

This is really about the African market, then.  As the analysis above notes, Google wants Android to become established there as successfully as it has elsewhere in the world.  If it had refused to do a deal with Orange, which is apparently a major player in this region, there was a danger that Nokia or RIM could have taken advantage of the situation.  Even though the payment is nominally about Net traffic, it's probably really about Google keeping a dominant telecom company sweet.
</p><p>
In most other parts of the world, Android is already established as the leading smartphone platform, so Google won't need to make similar deals.  That doesn't mean that telecoms and ISPs won't demand them, but their bargaining position will generally be much weaker than Orange's.  Google will probably be able to refuse without risking too much, secure in the knowledge that Internet users won't be best pleased with their ISPs if they can't access Gmail, or YouTube becomes unbearably laggy.
</p><p>
But even if the Orange deal is a special case, it's still bad news for the Internet. Google has clearly signaled that net neutrality is not sacrosanct, and that it is quite prepared to abandon it when necessary.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130123/11101721766/google-decides-smartphone-market-share-is-more-important-than-net-neutrality.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130123/11101721766/google-decides-smartphone-market-share-is-more-important-than-net-neutrality.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130123/11101721766/google-decides-smartphone-market-share-is-more-important-than-net-neutrality.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>dangerous-precedents</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130123/11101721766</wfw:commentRss>
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<pubDate>Wed, 14 Nov 2012 12:43:59 PST</pubDate>
<title>Homeland Security Spent $430-Million To Tune Its Radios To A New Frequency, And Failed</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml</guid>
<description><![CDATA[ The incompetence of Homeland Security when it comes to actually <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml">doing things</a> is well documented -- though, they're often so clueless that they take credit for <a href="http://www.techdirt.com/articles/20121004/18132820601/dhs-our-reports-to-congress-are-successful-bullshit.shtml">successfully misleading Congress</a> about their own failings.  So I guess it should come as little surprise that a new report shows that DHS spent about $430 million of your taxpayer dollars to get all of its radios to communicate on the same frequency <a href="http://www.nextgov.com/mobile/2012/11/twelve-year-430-million-effort-fails-get-dhs-radio-users-same-frequency/59519/" target="_blank">and it doesn't work.  At all</a>.
<blockquote><i>
<p>Of 479 radio users the DHS inspector general tested, only one knew how to tune into the common channel, the <a href="http://www.oig.dhs.gov/assets/Mgmt/2013/OIG_13-06_Nov12.pdf">report</a> stated. Personnel either were unaware the channel existed, could not find it, or switched to an outdated channel inherited from the Treasury Department.</p>
<p>
	&#8220;Personnel do not have interoperable communications that they can rely on during daily operations, planned events and emergencies,&#8221; acting IG Charles K. Edwards wrote in the report.</p>
</i></blockquote>
So what was the problem?  Apparently no one in top management at DHS ever thought to tell the various departments that they should be using this common channel that they were spending so much money on getting ready for this usage:
<blockquote><i>
The root of the disconnect, according to the report, is top department leaders have provided little guidance and no enforcement to ensure personnel use the channel. The shift to a single frequency began when the department formed in 2003.
<br /><br />
&#8220;Components independently developed and managed their own radio programs with no formal coordination from DHS,&#8221; and as a result, &#8220;internal interoperability was not a priority for DHS components,&#8221; Edwards reported.
</i></blockquote>
The report suggested that there should be someone in charge of actually coordinating all of this (what an idea!), but DHS officials shot back that they already have a "Joint Wireless Program Management Office."  Of course, this only makes the situation worse, in that they basically admit that they have an entire office set up to work on this issue... and it's now apparent that the office did little to nothing in terms of actually accomplishing what needed to be accomplished.  The author of the report  pointed out that it's a bit silly to point to the office that failed to do its job as proof that they're now ready to deal with this issue.
<br /><br />
So, in a normal business, when you screw something up this badly, people get fired.  Lots of them.  Who's getting fired for this?  Shouldn't the head of DHS have to answer to the public as to why $430 million was spent under what appears to be totally incompetent management?  What are they doing over there other than seizing domains and making up terrorist plots?
<br /><br />
In the meantime, can we get our $430 million back?<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>taxpayer-money-at-work</slash:department>
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<pubDate>Fri, 9 Nov 2012 13:56:55 PST</pubDate>
<title>AT&#038;T Admits That The Whole 'Spectrum Crunch' Argument It Made For Why It Needed T-Mobile Wasn't True</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20121109/07434820984/att-admits-that-whole-spectrum-crunch-argument-it-made-why-it-needed-t-mobile-wasnt-true.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20121109/07434820984/att-admits-that-whole-spectrum-crunch-argument-it-made-why-it-needed-t-mobile-wasnt-true.shtml</guid>
<description><![CDATA[ You may recall that back when AT&#038;T was trying to buy T-Mobile, a big part of the argument was a spectrum crunch around its wireless efforts.  The company insisted -- strenuously -- that it would not be able to expand 4G LTE services to more than 80% of the population unless it had T-Mobile.  That argument ran into some trouble when a lawyer <a href="http://www.techdirt.com/blog/wireless/articles/20110812/11574915494/att-accidentally-reveals-that-it-doesnt-need-t-mobile-all.shtml">accidentally</a> posted some documents to the FCC which admitted that the company could fairly easily expand its coverage to 97% of the population of the US without T-Mobile (and, in fact, that it would cost about 10% of what buying T-Mobile would cost).  Suddenly, the argument that it absolutely needed T-Mobile rang hollow -- even as the company continued to insist exactly that.  Still, the FCC suddenly was <a href="http://www.techdirt.com/blog/wireless/articles/20110825/03135515677/fcc-asks-att-to-explain-discrepency-over-claimed-need-t-mobile-vs-internal-discussions.shtml">skeptical</a> and AT&#038;T, seeing the writing on the wall, <a href="http://www.techdirt.com/blog/wireless/articles/20111219/14585317132/surprise-att-admits-defeat-withdraws-t-mobile-takeover-attempt-pays-4-billion-breakup-fee.shtml">gave up on the merger</a>.
<br /><br />
So, it probably shouldn't have been seen as much of a surprise that <i>just 11 months</i> after the T-Mobile deal fell through, AT&#038;T has announced <a href="http://www.dslreports.com/shownews/ATT-Announces-Awaited-Network-Investment-Plan-121950" target="_blank">plans to expand its LTE footprint</a> to cover 97% of the population of the US.  In other words, the internal document was exactly correct, and AT&#038;T's public claims?  Hogwash.
<br /><br />
Even the mainstream news media is now <a href="http://money.cnn.com/2012/11/07/technology/mobile/att-4g/index.html" target="_blank">mocking AT&#038;T's obviously bogus claims</a> during the merger fight.  AT&#038;T's response to this is to claim that it "chartered a new direction," doing something like 40 new deals for spectrum.  However, as Broadband Reports notes, all of this seems to make clear <a href="http://www.dslreports.com/shownews/ATT-Acknowledges-Theres-No-Spectrum-Crunch-121990?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">that there is no spectrum crunch</a> -- that's just a bogeyman story that the telcos tell the government when they want a handout.  In fact, AT&#038;T is now saying publicly that there is no spectrum crunch.  It has more than enough.
<blockquote><i>
Speaking to analysts, AT&#038;T's chief strategy officer John Stankey yesterday acknowledged the company is now well-positioned on the spectrum front -- even <b>before</b> the company starts moving on their new plan to <a href="/shownews/FCC-Greenlights-ATTs-WCS-Spectrum-Play-121380">use WCS spectrum for LTE deployment</a>. <br /><br />"Even under ideal circumstances, getting new spectrum on the market in the next five to seven years is aggressive," Stankey said. "But what we do know is that AT&#038;T is well-positioned now...These deals give us confidence that we can meet our LTE objectives for next two years and they will allow us to deliver competitive performance."
</i></blockquote>
Of course, I'm sure the next time AT&#038;T needs something from the government, or wants to wipe a competitor off the map, we'll be right back to that story about how they're in desperate need of spectrum.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20121109/07434820984/att-admits-that-whole-spectrum-crunch-argument-it-made-why-it-needed-t-mobile-wasnt-true.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121109/07434820984/att-admits-that-whole-spectrum-crunch-argument-it-made-why-it-needed-t-mobile-wasnt-true.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121109/07434820984/att-admits-that-whole-spectrum-crunch-argument-it-made-why-it-needed-t-mobile-wasnt-true.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-implicity</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121109/07434820984</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 26 Oct 2012 05:26:14 PDT</pubDate>
<title>Judge Protects Cellphone Data On 4th Amendment Grounds, Cites Government's Technological Ignorance</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20121024/18225920815/judge-protects-cellphone-data-4th-amendment-grounds-cites-governments-technological-ignorance.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20121024/18225920815/judge-protects-cellphone-data-4th-amendment-grounds-cites-governments-technological-ignorance.shtml</guid>
<description><![CDATA[ Various US government agencies have spent a lot of time and energy hoping to ensnare as much cell phone data as possible without having to deal with the "barriers" erected by the Fourth Amendment. The feds, along with Los Angeles law enforcement agencies, <a href="http://www.techdirt.com/articles/20120919/15083020437/lapd-joins-feds-skirting-fourth-amendment-with-cell-phone-tracking-devices.shtml" target="_blank">have bypassed</a> the protections of the Fourth Amendment by deploying roving cell phone trackers that mimic mobile phone towers. The FISA Amendments Act has been used as a "blank check" for wholesale spying on Americans and has been abused often enough that the Director of National Intelligence was <a href="http://www.techdirt.com/articles/20120720/17450619780/feds-wait-until-late-friday-to-admit-that-yeah-they-ignored-4th-amendment.shtml" target="_blank">forced to admit</a> these Fourth Amendment violations publicly.<br />
<br />
The good news is that a few of these overreaches are receiving judicial pushback. Orin Kerr at the Volokh Conspiracy <a href="http://www.volokh.com/2012/10/23/magistrate-judge-denies-court-order-application-for-cell-tower-dumps/" target="_blank">has a very brief writeup of a recent shutdown of another cellphone-related fishing expedition led by an assistant US Attorney.</a> An attempt was made to acquire records for ALL cell phones utilizing four different towers in the area of a specific crime at the time of the event. As Kerr notes, this ruling refers to the Fifth Circuit court decision that found cell phone data to be protected under the Fourth Amendment, thus <a href="http://www.techdirt.com/articles/20110823/17433915639/surprise-federal-court-says-warrant-needed-mobile-phone-location-info.shtml" target="_blank">requiring a warrant</a> to access it.<br />
<br />
Magistrate Judge Smith points out that part of the issue is that the principals involved (the assistant US Attorney and a special agent) seemed to lack essential knowledge of the underlying technology, and that this lack of knowledge prevented them from recognizing the overreach of their request:
<blockquote>
<i>Moreover, it is problematic that neither the assistant United States Attorney nor the special agent truly understood the technology involved in the requested applications. See In re the Application of the U.S. for an Order Authorizing the Installation and Use of a Pen Register and Trap and Trace Device, &ndash;&ndash;&ndash; F.Supp.2d &ndash;&ndash;&ndash;&ndash;, 2012 WL 2120492, at *2 (S.D. Tex. June 2, 2012). Without such an understanding, they cannot appreciate the constitutional implications of their requests. They are essentially asking for a warrant in support of a very broad and invasive search affecting likely hundreds of individuals in violation of the Fourth Amendment.</i></blockquote>
There has been a <a href="http://www.techdirt.com/articles/20120928/08560420538/dhs-boss-charge-cybersecurity-doesnt-use-email-any-online-services.shtml" target="_blank">lot of discussion</a> here at Techdirt regarding the incredible <a href="http://www.techdirt.com/articles/20111216/12082717110/dear-congress-its-no-longer-ok-to-not-know-how-internet-works.shtml" target="_blank">lack of knowledge</a> present in those seeking to regulate or exploit various technologies. Considering the amount of possible collateral damage and the heightened chance of rights violations, you&#39;d think these entities would be exercising maximum caution before tampering with something they don&#39;t understand. Instead, the common approach is to use the ends (safety, crime prevention, etc.) to justify the missteps and rights-trampling of the means, leaving the judicial system and various trampled citizens to sort out the mess.<br />
<br />
Judge Smith quotes the Fourth Amendment and points out that warrants must be issued and only "upon probable cause" before continuing to run down the list of wrongs in this request.
<blockquote>
<i>Finally, there is no discussion about what the Government intends to do with all of the data related to innocent people who are not the target of the criminal investigation. In one criminal investigation, the Government received the names, cell phone numbers, and subscriber information of 179 innocent individuals. See United States v. Soto, No. 3:09CR200 (D.Conn. May 18, 2010) (Memorandum in Support of Motion to Suppress). Although the use of a court-sanctioned cell tower dump invariably leads to such information being provided to the Government, in order to receive such data, the Government at a minimum should have a protocol to address how to handle this sensitive private information.</i></blockquote>
But, as Smith points out, the government doesn&#39;t have a protocol in place, even more than two years down the road.
<blockquote>
<i>Although this issue was raised at the hearing, the Government has not addressed it to date.</i></blockquote>
This is hardly new territory for government agencies. The TSA has had <a href="http://www.techdirt.com/articles/20120831/03062120226/tsa-insists-that-theres-been-no-delay-public-hearings-over-nudie-scanners-it-just-hasnt-held-them.shtml" target="_blank">nearly 20 months</a> to <i>begin</i> taking public comments on the use of various body imaging scanners, but despite two trips to the DC Circuit Court, it has yet to begin this process, something generally undertaken <i>before</i> implenting a new system. If it&#39;s something the government feels <i>may</i> be unpopular with the public, it tends to attempt to stall indefinitely, an (in)action that (again) places the burden back on the courts and the general public.<br />
<br />
But, at least in this case, Judge Smith is using this lack of action <i>against</i>&nbsp;the government representatives.
<blockquote>
<i>This failure to address the privacy rights for the Fourth Amendment concerns of these innocent subscribers whose information will be compromised as a request of the cell tower dump is another factor warranting the denial of the application.</i></blockquote>
It&#39;s a good sign that stalling tactics may hurt more than help in the future. Many government and law enforcement agencies are still looking for any loophole in current laws in order to bypass the limitations placed on them by the Constitution. There&#39;s still a long way to go before there&#39;s anything resembling an equitable relationship between the general public and those in power, but we&#39;ll take everything we can get and (hopefully) receive more help pushing back against these intrusions.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20121024/18225920815/judge-protects-cellphone-data-4th-amendment-grounds-cites-governments-technological-ignorance.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121024/18225920815/judge-protects-cellphone-data-4th-amendment-grounds-cites-governments-technological-ignorance.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121024/18225920815/judge-protects-cellphone-data-4th-amendment-grounds-cites-governments-technological-ignorance.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>they're-RIGHTS,-not-INCONVENIENCES</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121024/18225920815</wfw:commentRss>
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<item>
<pubDate>Thu, 11 Oct 2012 12:52:12 PDT</pubDate>
<title>Anti-Piracy Group Already Protesting That UK's Anti-Piracy Law Doesn't Go Far Enough</title>
<dc:creator>Ben Zevenbergen</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20121009/09222220663/anti-piracy-group-already-protesting-that-uks-anti-piracy-law-doesnt-go-far-enough.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20121009/09222220663/anti-piracy-group-already-protesting-that-uks-anti-piracy-law-doesnt-go-far-enough.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/articles/20110513/03043214263/many-killers-music-industry-analog-era.shtml">History</a> <a href="http://www.techdirt.com/articles/20110516/19214314291/many-killers-music-industry-digital-era.shtml">teaches</a> us that representatives of copyright holders will <a href="http://www.techdirt.com/articles/20111019/21381216423/many-killers-film-industry-volume-one.shtml">complain</a> about any new development in information or communication technology and try <a href="http://io9.com/5874655/10-technologies-that-congress-tried-to-kill-or-maim">to stop or limit</a> its use. Well, it is no surprise then that, over in the UK, the Federation Against Software Theft (FAST) is <a href="http://www.fastiis.org/resources/press_details/id/1048/digital-economy-act-2010-dea-must-be-future-proofed-says-fast/">claiming</a> that existing, already far-reaching copyright enforcement measures in the not-yet implemented <a href="http://www.legislation.gov.uk/ukpga/2010/24/contents">Digital Economy Act</a> (DEA) will be rendered useless when the new 4G mobile phone network rolls out. The <a href="http://www.broadband-expert.co.uk/4g-mobile-broadband/">4G mobile phone networks</a> has been anticipated with <a href="http://www.youtube.com/watch?v=b6H9hKI6ne8">much fanfare</a> and will provide mobile broadband speeds, which are many times faster than the 3G network we have become used to in the UK. According to FAST, mobile users and operators now also need to fall within the scope of the controversial DEA.<br />
<br />
In a recent Techdirt <a href="http://www.techdirt.com/articles/20120629/07141319534/uks-3-strikes-plan-continues-to-grind-through-system-still-not-force-still-awful.shtml">post</a> about the DEA, Glyn Moody finished with the sentence "<i>The longer the great Digital Economy Act farce drags on, the more absurd it becomes from every viewpoint</i>." With FAST's claims, the debate is set to continue, and yes, it will become more absurd. Here's a short recap of DEA before we see how history repeats itself when its lessons are ignored:
<ul>
<li>
The DEA was hastily passed at the end of the last UK Parliament's term to "combat piracy", or whichever rhetoric was used this time.</li>
<li>
The act initially proposed to block websites and disconnect repeat infringers of copyright in a <i>graduated response</i> type system, or otherwise limit internet access. Customers may also be taken to court because ISP's would be obliged to disclose personal information of their customers.</li>
<li>
The scope is limited to the largest ISP's in the UK, which covers about <a href="http://www.ispreview.co.uk/index.php/2012/06/ofcom-release-internet-piracy-tackling-initial-obligations-code-for-uk-isps.html">93% of its citizens</a>.</li>
<li>
The implementation of the DEA has been delayed due to heavy criticism. Some of these ISP's went to court about the hefty costs which need to be made to enforce copyrights online.</li>
<li>
Some provisions, such as the blocking of websites at the ISP level,  have since been scrapped. This was not met with much resistance from rights holders, as they already had their Supreme Court <a href="http://www.huffingtonpost.com/2012/04/30/pirate-bay-uk_n_1465333.html">precedent</a> set with the blocking of the Pirate Bay.</li>
<li>
More specifics about this piece of legislation can be found around the internet, but as a final point it must be mentioned that -- surprise surprise -- the whole impact assessment of the act was based on <a href="http://www.openrightsgroup.org/blog/2011/evidence,-copyright-enforcement-and-self-regulation">highly inflated and controversial figures</a> with bogus methodologies, provided by private stakeholders.</li>
</ul>
<p>
Let's dive into the claims of this most recent attempt to attack the technology as legacy players try to stay relevant.  Of course, every time they do this, they discover that they're on the wrong side of innovation. <a href="http://w2.eff.org/IP/P2P/MGM_v_Grokster/?f=betamax_20th.html">Again</a>. And, all too often, the goals of these groups run entirely contrary to the real wishes of those they <a href="http://www.independent.co.uk/arts-entertainment/music/news/its-not-a-crime-to-download-say-musicians-1643217.html">claim to represent</a>. Julian Heathcote Hobbins, General Council at FAST, states the following:
<blockquote>
<i>The DEA has the potential to be a valuable piece of legislation in the fight against illicit peer-to-peer copyright infringement and a significant development for rights holders as an educational programme. However, the <b>DEA must remain timely</b>. The issue is that <b>by the time the DEA is finally implemented, technology could have moved on so far making the Act ineffective</b> in helping to deal with those using 4G networks to share files. In its current form the DEA is <b>not sufficiently flexible in scope to account for advances in technology</b>.</i></blockquote>
Another representative, Jonathan Cornthwaite, a lawyer in London and member of FAST's Legal Advisory Group, then goes on to state:
<blockquote>
<i>[...] As we are now witnessing,<b> technology does not stand still</b> and gaps are appearing in the DEA as the use of mobile devices accelerates. Unless this situation can be remedied, it may be of less assistance,<b> leaving rights holders with a watered down remedy</b>.</i></blockquote>
It is fascinating to see these representatives finally realizing that regulation will not be able to keep apace with technological developments, where innovation happens at <i>internet speed</i>. They are right in stating that legislation must be flexible to stay timely and to move with technological and societal advances, which are indeed moving at an unprecedented pace.<br />
<br />
However, they fail to think through that it may not be the enforcement side, but actually that the copyright system lacks social legitimacy because it is out of date and out of touch with how we now <a href="http://deuze.blogspot.co.uk/">live <i>in </i>media</a>. The approach chosen by these representatives leans more towards a permission innovation society as identified by Mike in a <a href="http://www.techdirt.com/blog/innovation/articles/20120927/00320920527/former-copyright-boss-new-technology-should-be-presumed-illegal-until-congress-says-otherwise.shtml">recent post</a>, where former Register of Copyrights, Ralph Oman, expressed that he feels any new technology should have to apply to Congress for approval, before it is allowed to exist. Instead, we should follow the sensible part of Mr. Heathcote Hobbins and Mr. Cornthwaite's analysis and make the underlying copyright system timely and flexible so it takes into account technical reality, which, indeed, does not stand still.<br />
<br />
A group of UK mobile operators have branded their 4G service "<a href="http://everythingeverywhere.com/">Everything, Everywhere</a>" (EE), indicating they understand what consumers want: all media available at any time in any place. This does not directly mean consumers want media for free. Most are willing to pay for access, especially when the service purchased offers them the ability to use works without undue restrictions. A line can be drawn as to which uses are permissible and which are not. However, if restrictions inhibit normal media usage as consumers expect it, and penalties include disconnection, throttling or otherwise limiting the promise of the super-fast paced mobile internet experience, copyright will further lose social legitimacy and <a href="http://www.independent.co.uk/arts-entertainment/music/news/its-not-a-crime-to-download-say-musicians-1643217.html">work-arounds</a> will be found.<br />
<br />
France's graduated response scheme -- HADOPI -- has already <a href="http://the1709blog.blogspot.co.uk/2012/08/hadopi-failure-warning-for-uk.html">failed miserably</a>, thereby proving the critics right that such a scheme is not workable nor desirable with regards to media sharing on the internet. Why then push for a very similar DEA anyway? Give it another go in a new country, hoping for different results? Apply it to new technology and hope the criticism will go away? To quote Einstein: "<i>Insanity is doing the same thing, over and over again, but expecting different results</i>."
</p><br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20121009/09222220663/anti-piracy-group-already-protesting-that-uks-anti-piracy-law-doesnt-go-far-enough.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121009/09222220663/anti-piracy-group-already-protesting-that-uks-anti-piracy-law-doesnt-go-far-enough.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121009/09222220663/anti-piracy-group-already-protesting-that-uks-anti-piracy-law-doesnt-go-far-enough.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>history-lessons</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121009/09222220663</wfw:commentRss>
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<pubDate>Tue, 9 Oct 2012 07:23:53 PDT</pubDate>
<title>Russia Wants To Ban Children From Using WiFi</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20121008/11115120640/russia-wants-to-ban-children-using-wifi.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20121008/11115120640/russia-wants-to-ban-children-using-wifi.shtml</guid>
<description><![CDATA[ Ah, Russia.  Officials in the Federal Mass Media Inspection Service (?!?) are considering a plan to <a href="http://www.sptimesrussia.com/index.php?action_id=2&#038;story_id=36293" target="_blank">ban children from using WiFi</a> -- and would enforce the ban by holding the hotspot owners liable if anyone under 18 got on their networks.  Seriously.
<blockquote><i>The Communications and Press Ministry has proposed banning children from using Wi-Fi networks in public, potentially making cafes, restaurants and other locations providing the service responsible for enforcing the law.
</i></blockquote>
Why?  For the children, of course!  They claim it's related to Russia's new <a href="http://www.techdirt.com/articles/20120725/20022619836/not-long-after-passing-censorship-legislation-russian-government-censors-all-livejournal.shtml">internet censorship law</a>, which they're afraid will be circumvented by kids at the local coffee shop or restaurant.  Not surprisingly, various places that offer WiFi are not happy about this, pointing out that they have no way of making sure that teens don't get on their WiFi.  That doesn't seem likely to stop moralizing bureaucrats (with a healthy appreciation for the ability to censor) from moving forward with this plan.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20121008/11115120640/russia-wants-to-ban-children-using-wifi.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121008/11115120640/russia-wants-to-ban-children-using-wifi.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121008/11115120640/russia-wants-to-ban-children-using-wifi.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>with-liability-on-the-wifi-owner</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121008/11115120640</wfw:commentRss>
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<pubDate>Fri, 5 Oct 2012 15:54:59 PDT</pubDate>
<title>Now That We Know The Telcos Exaggerated About The 'Spectrum Crunch'; How About Some More Open Spectrum?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20121004/02434820589/now-that-we-know-telcos-exaggerated-about-spectrum-crunch-how-about-some-more-open-spectrum.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20121004/02434820589/now-that-we-know-telcos-exaggerated-about-spectrum-crunch-how-about-some-more-open-spectrum.shtml</guid>
<description><![CDATA[ For years now, the big telcos have been whining and complaining about a supposed "spectrum crunch," saying how they were going to run out of useful radio spectrum and wouldn't be able to set up new wireless services if they couldn't control more and more of it.  And yet... as FierceWireless has noticed, the big guys <a href="http://www.fiercewireless.com/story/what-happened-spectrum-crunch/2012-09-28" target="_blank">all seem to think they have plenty of spectrum now</a>:
<blockquote><i>
Executives from the nation's largest wireless carriers now seem to be pretty pleased with their spectrum positions. AT&#038;T CEO Randall Stephenson recently said the carrier has a solid spectrum position for the next three to five years if it gains approval for its pending spectrum purchases. Verizon Communications CFO Fran Shammo said that with its recently completed $3.9 billion purchase of nationwide AWS spectrum from cable companies, Verizon Wireless now has enough spectrum to handle its capacity needs for the next four to five years. Sprint Nextel CEO Dan Hesse said the carrier's Network Vision plan will give Sprint a strong spectrum position through the end of 2014 and that date will be extended to 2016 with the addition of spectrum from Clearwire. And T-Mobile USA CTO Neville Ray said the carrier is busy refarming its 1900 MHz PCS spectrum and now has enough 1700 MHz AWS airwaves to deploy 10x10 MHz channels across 90 percent of the top 25 U.S. markets when it launches LTE next year.
</i></blockquote>
The report quotes analyst Tim Farrar explaining what many had been arguing for years -- that the so-called "spectrum crunch" was basically a myth to get access to and control of ever-greater swaths of spectrum to keep it from others:
<blockquote><i>
"I think it [the spectrum crunch] was overblown. And everyone had an interest in pumping up a spectrum crisis," said TMF Associates analyst Tim Farrar. He said the FCC wanted to promote itself as the agency that could spur innovation and expand broadband access; Verizon and AT&#038;T didn't want the FCC to cap the amount of spectrum available to them; companies that speculated with spectrum did not want the market to think they had worthless assets; and smaller carriers wanted more spectrum on the market to lower the price of all spectrum. "Everybody had an interest in talking it up and no one had an interest in saying the emperor has no clothes," he said.
</i></blockquote>
And yet... one area where spectrum could be really useful?  New <i>open</i> wireless offerings.  But there we're left stranded.  Rather than looking for new ways to provide open spectrum, the government has continually focused on figuring out ways to give more to the big telcos.  In fact, just as I was finishing up this story, I saw reports on the FCC's new plans to <a href="http://www.broadcastingcable.com/article/489734-Genachowski_FCC_Will_Exceed_2015_Target_of_Freeing_Up_300_MHz_of_Spectrum.php" target="_blank">release more spectrum</a> -- but most of it via auctions.  Very little appears to be ticketed for openness.  Unfortunately, part of the problem is that the government seems to value spectrum solely based on how much someone will pay for it -- rather than the beneficial uses it might create.  Thus you have fewer advocates willing to "pay" for open spectrum, and many who don't understand the importance assume that open uses have no value.  This, of course, ignores just how much open spectrum has enabled, from cordless phones to garage door openers to really powerful things like home automation and WiFi.
<br /><br />
So, if we can see that the big telcos' current spectrum appetite is satiated, and we can recognize how much open spectrum can enable amazing new innovations with tremendous benefit way beyond the price of the spectrum, shouldn't there be a big focus on getting more open spectrum out there and available for use?<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20121004/02434820589/now-that-we-know-telcos-exaggerated-about-spectrum-crunch-how-about-some-more-open-spectrum.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121004/02434820589/now-that-we-know-telcos-exaggerated-about-spectrum-crunch-how-about-some-more-open-spectrum.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121004/02434820589/now-that-we-know-telcos-exaggerated-about-spectrum-crunch-how-about-some-more-open-spectrum.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>pretty-please?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121004/02434820589</wfw:commentRss>
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<pubDate>Thu, 27 Sep 2012 15:49:00 PDT</pubDate>
<title>More People Realize The Obvious: Telco Regulatory Capture Is Why We Have Crappy, Expensive Broadband</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120926/15033120519/more-people-realize-obvious-telco-regulatory-capture-is-why-we-have-crappy-expensive-broadband.shtml</link>
<guid>http://www.techdirt.com/articles/20120926/15033120519/more-people-realize-obvious-telco-regulatory-capture-is-why-we-have-crappy-expensive-broadband.shtml</guid>
<description><![CDATA[ This is hardly a new thing, but it's nice to see it getting more attention.  There's a new book, <i>The Fine Print: How Big Companies Use 'Plain English' to Rob You Blind</i>, by reporter David Cay Johnston that points out that <a href="http://finance.yahoo.com/blogs/daily-ticker/why-phone-cable-internet-bills-cost-much-130914030.html" target="_blank">regulatory capture and a lack of competition are why we have crappy, expensive internet</a> (and mobile phone service).  Among the points he raises, summarized over at Yahoo's Daily Ticker, are the following:
<ul><i>
<li>Americans pay four times as much as the French for an Internet triple-play package&#8212;phone, cable TV and Internet&#8212;at an average of $160 per month versus $38 per month.</li>
<li>The French get global free calling and worldwide live television. Their Internet is also 10 times faster at downloading information and 20 times faster uploading it.</li>
<li>America has gone from #1 in Internet speed (when we invented it) to 29th in the world and falling.</li>
<li>Bulgaria is among the countries with faster Internet service.</li>
<li>Americans pay 38 times as much as the Japanese for Internet data.</li>
</i></ul>
Of course, we've seen most of this before, and we've heard all the excuses, about how we're more spread out.  But, in the long run, the facts remain: we're piss poor at the internet, and that's a pretty big problem when the internet has become so important to so many people's lives and jobs.  Johnston highlights the key problems:
<blockquote><i>
"The telecos got the rules changed while we weren't watching," says Johnston in the accompanying interview. Basically, the phone and cable companies lobbied Washington to change laws and regulations to favor their businesses over their customers.
<br /><br />
And remember the so-called "Information Superhighway"?
<br /><br />
Over the course of the last 20 years, nearly $500 billion has been collected by the telecom companies to (allegedly) bring America into the 21st century with an "Information Superhighway," says Johnston. That works out to $3,000 per household to have access to high-speed Internet.
<br /><br />
But America did not get what it was promised and much of the country will never get fiber optic lines...
</i></blockquote>
Indeed, this is nothing new.  We've been writing about this for about a <a href="http://www.techdirt.com/articles/20030718/1052250.shtml">decade</a> now.  It's also why we're uncomfortable with net neutrality <i>laws</i>, even if we believe the concept of net neutrality is quite important.  We've seen how the telcos are very, very, very good at working the system to their advantage.
<br /><br />
The only real answer to our problems is to encourage more significant competition.  The <i>question</i> that's reasonable to ask is where that competition should be.  It's not at all clear that it needs to be at the infrastructure level -- since that can be redundant.  However, as Australia is now <a href="http://www.techdirt.com/articles/20100507/1717379344.shtml">doing</a>, you could invest heavily in a core fiber network that brings tremendous high speed access everywhere... and then let service providers <i>compete</i> at the service level, rather than the infrastructure level.  Yet there appears to be little appetite for such things in the US these days.  Rather, you have the big telcos and cable companies creating their own little controlled markets, with crappy service and inflated prices... while the rest of the world does much, much better.  We've been able to get away with it in the short term, but over time, the lack of good broadband in the US is going to hurt us economically.<br /><br /><a href="http://www.techdirt.com/articles/20120926/15033120519/more-people-realize-obvious-telco-regulatory-capture-is-why-we-have-crappy-expensive-broadband.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120926/15033120519/more-people-realize-obvious-telco-regulatory-capture-is-why-we-have-crappy-expensive-broadband.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120926/15033120519/more-people-realize-obvious-telco-regulatory-capture-is-why-we-have-crappy-expensive-broadband.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wake-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120926/15033120519</wfw:commentRss>
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<item>
<pubDate>Thu, 6 Sep 2012 13:13:00 PDT</pubDate>
<title>Disruption Starts With A Foot In The Door: Amazon's New Data Plan Is Limited But Potentially Revolutionary</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120906/12200520304/disruption-starts-with-foot-door-amazons-new-data-plan-is-limited-potentially-revolutionary.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120906/12200520304/disruption-starts-with-foot-door-amazons-new-data-plan-is-limited-potentially-revolutionary.shtml</guid>
<description><![CDATA[ Amazon announced a ton of new ereader/tablet devices this morning, which is being covered to death on the various gadget blogs out there.  While some of the devices look interesting (and could put some pricing pressure on other tablets), what caught my eye was the addition of a <a href="http://www.theverge.com/2012/9/6/3298242/amazon-kindle-fire-hd-4G-LTE-plans" target="_blank">4G LTE mobile data plan on the Kindle Fire HD</a>.  It's $49.99 <i>for the year</i>, though it's limited to just 250MB per month -- which is <i>tiny</i>.  Amazon has included mobile data before in its Kindles, but those were strictly for books (which don't take up that much data).  As they go further into the fully functional tablet world, this starts to become more interesting.  That's because mobile data continues to be something of a racket, with just a few national providers: Verizon, AT&#038;T, T-Mobile and Sprint (and there are limitations there).  The pricing offered by those guys always seems to border on collusion (amazing how closely they track each other's pricing changes) and is always focused on keeping the prices very high.
<br /><br />
Amazon's offer here is a way to tiptoe into that pool with something of an alternative.  <i>Yes</i>, they're just piggybacking on someone else's network via some sort of MVNO (mobile virtual network operator) agreement, so you're still really using one of the national carriers' networks.  But from a consumer standpoint, it is offering <i>something</i> of an alternative for mobile data, at much more reasonable prices (though, obviously, the super low caps match that super low pricing).  That, alone, doesn't revolutionize mobile data pricing, but it does seem like a way for Amazon to get its foot in the door and expand over time.  Amazon has a long history of figuring out ways to do things in a consumer-friendly manner, even if it means undercutting others to do so (which has made it a few enemies).  In the presentation itself, Jeff Bezos noted that they're focused on making money elsewhere -- basically as people buy things via the device -- and thus the company has tremendous incentive to keep the prices of the devices <b>and the service</b> quite low.  And that has the potential to be quite disruptive.
<br /><br />
In some ways, I look at it as similar (in a very different context) to Google's <a href="http://www.techdirt.com/blog/innovation/articles/20120726/11200919842/google-fiber-is-official-free-broadband-up-to-5-mbps-pay-symmetrical-1-gbps.shtml">fiber effort</a> in Kansas City.  In both cases, you have companies sort of dipping their toes in the water of ancillary markets that make their primary markets more valuable.  They're very limited at this time, and many people may brush them off as being useless.  But that's what <i>always</i> happens with <a href="http://www.techdirt.com/articles/20091116/2307256958.shtml">The Innovator's Dilemma</a>.  Offer something simple and small, and the legacy players brush it off as too small or too limited to matter.  But keep improving on that, and you undercut legacy providers without them fully realizing what's happening -- often because you're using your tiny and "weak" efforts there to actually enhance your primary market, where the traditional players have no presence.
<br /><br />
Lots of people are reasonably mocking the 250MB limit.  It is kinda useless.  But, look at it as a wedge, and the beginning of the climb up the innovation slope, making Amazon's core business more valuable... and things could actually get quite interesting.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120906/12200520304/disruption-starts-with-foot-door-amazons-new-data-plan-is-limited-potentially-revolutionary.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120906/12200520304/disruption-starts-with-foot-door-amazons-new-data-plan-is-limited-potentially-revolutionary.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120906/12200520304/disruption-starts-with-foot-door-amazons-new-data-plan-is-limited-potentially-revolutionary.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>need-pressure-from-somewhere</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120906/12200520304</wfw:commentRss>
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<pubDate>Thu, 26 Jul 2012 08:45:57 PDT</pubDate>
<title>An Explanation For Why Verizon Is Driving DSL Users To Competitors' Cable Lines</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120724/03084419805/explanation-why-verizon-is-driving-dsl-users-to-competitors-cable-lines.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120724/03084419805/explanation-why-verizon-is-driving-dsl-users-to-competitors-cable-lines.shtml</guid>
<description><![CDATA[ Karl Bode has an interesting story explaining how Verizon is <a href="http://www.dslreports.com/shownews/Verizon-is-Willfully-Driving-DSL-Users-Into-the-Arms-of-Cable-120473" target="_blank">willfully pushing its DSL customers over to cable broadband "competitors."</a>  It's worth reading the whole thing, but the short version is that Verizon wants desperately out of the DSL business.  Now, some of that is to drive people to its popular FiOS fiber service.  However, the company has basically <a href="http://www.techdirt.com/articles/20100312/1855128547.shtml">stopped expanding</a> FiOS entirely.  The fact that most of the competition is gone couldn't possibly have anything to do with that, right?  But the bigger vision appears to be to push people over to the company's wireless solution, LTE.  Bode suggests a few reasons for this, with a big one being that LTE is much more expensive, and has relatively low caps and high overage rates.  In other words, it makes a lot more money for Verizon, but is much more limiting for users (there's also the bit about how it switches from a "unionized" business to a non-unionized one).
<blockquote><i>
In other words, Verizon will cut off copper in FiOS markets first (which makes sense given the lower maintenance costs of fiber). They'll then leave users in DSL-only markets un-upgraded, forcing them to buy a costly landline so that remaining on Verizon DSL becomes less attractive. Those customers will flee to the same cable companies Verizon just <a href="http://www.dslreports.com/shownews/FCC-Set-to-Approve-Verizon-Cable-Deal-120316">signed a massive new partnership with</a>, with Verizon planning to sell those users more expensive LTE connection later. Verizon will continue to "compete" in FiOS areas for now, if you call <a href="http://www.dslreports.com/shownews/Verizon-Expect-More-FiOS-Price-Hikes-120466">winking and nodding when it's time to raise prices competition</a>. <br /><br />
Rural areas could see the biggest impact from the shift, as Verizon pulls DSL and instead sells those users LTE services with at a high price point ($15 per gigabyte overages). Verizon then hopes to sell those users cap-gobbling video services via their upcoming <a href="http://www.dslreports.com/shownews/Verizon-Will-Aim-Red-Box-Service-at-Wireless-Users-119039">Redbox streaming video joint venture</a>. Expect there to be plenty of gaps where rural users suddenly lose landline and DSL connectivity but can't get LTE. With Verizon and AT&#038;T having killed off regulatory oversight in most states -- you can expect nothing to be done about it, despite both companies having been given billions in subsidies over the years to get those users online.<br /><br />
The entire amazing transition becomes clearer still when looking at Verizon's <a href="http://www22.verizon.com/investor/">quarterly earnings</a> posted yesterday. The company added a whopping 3.2 million LTE users during the second quarter, a record for the telco. In contrast, thanks to a frozen FiOS expansion (with the exception of franchise obligations in urban markets) and their disdain for DSL, Verizon managed to add just a net 2,000 broadband users in the quarter, despite adding 134,000 FiOS users. Verizon CFO Fran Shammo gave several excuses during yesterday's conference call ranging from the economy to aardvarks -- but the reality is that DSL users are fleeing in droves, and Verizon wants them to.
</i></blockquote>
Now, there is something reasonable about a company actually being willing to cannibalize its own older offerings with something more modern.  But a key warning sign that something is wrong is that they're not moving customers to something that's <i>better</i> and <i>cheaper</i> -- which is what you normally see in a truly competitive, innovative market.  Instead, they're moving them to a more limited, more expensive offering.  That's what you tend to see when there's not nearly enough competition in the market, and a few established players whose customers have little choice.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120724/03084419805/explanation-why-verizon-is-driving-dsl-users-to-competitors-cable-lines.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120724/03084419805/explanation-why-verizon-is-driving-dsl-users-to-competitors-cable-lines.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120724/03084419805/explanation-why-verizon-is-driving-dsl-users-to-competitors-cable-lines.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>dumping-dsl</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120724/03084419805</wfw:commentRss>
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<item>
<pubDate>Wed, 25 Jul 2012 13:36:40 PDT</pubDate>
<title>If You Go To The Olympics, You Can Bring Your iPhone Or Android Phone... But You Better Not Tether</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120725/04282819826/if-you-go-to-olympics-you-can-bring-your-iphone-android-phone-you-better-not-tether.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120725/04282819826/if-you-go-to-olympics-you-can-bring-your-iphone-android-phone-you-better-not-tether.shtml</guid>
<description><![CDATA[ Among the latest bizarre limitations that the Olympics puts on people is a <a href="https://www.pcworld.com/article/259784/wifi_and_3g_hubs_banned_from_olympics.html" target="_blank">ban on any sort of private WiFi network via your mobile connection</a>.  That is, you're not allowed to tether your phone, turn it into a WiFi hotspot or use a device like a MiFi to create the same effect:
<blockquote><i>
A first for any Olympic Games is the ban on personal or private wireless access points and 3G hubs, which are not allowed at London Olympics events and venues.
<br /><br />
iPhones, iPads, and Android phones and tablets are permitted inside venues, but must not be used as wireless access points to connect multiple devices.
</i></blockquote>
It's possible (or perhaps likely) that this is done to help local mobile operators from having their networks overburdened, but, really, you'd think that the mobile operators would be out in droves with those "cells on wheels" (COW) vehicles that provide significantly more cellular power at high traffic events.  Still, I'm curious as to how anyone enforces such a ban.  It's pretty easy to hide a MiFi.  And turning your phone into a hotspot and slipping it back into a pocket would make it almost impossible to detect.  The whole ban just seems pointless.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120725/04282819826/if-you-go-to-olympics-you-can-bring-your-iphone-android-phone-you-better-not-tether.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120725/04282819826/if-you-go-to-olympics-you-can-bring-your-iphone-android-phone-you-better-not-tether.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120725/04282819826/if-you-go-to-olympics-you-can-bring-your-iphone-android-phone-you-better-not-tether.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wireless-police?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120725/04282819826</wfw:commentRss>
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<pubDate>Tue, 5 Jun 2012 10:35:00 PDT</pubDate>
<title>Sprint Changes 'Unlimited' Broadband To 5 Gigs... While Still Advertising Unlimited Broadband</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120605/02451719202/sprint-changes-unlimited-broadband-to-5-gigs-while-still-advertising-unlimited-broadband.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120605/02451719202/sprint-changes-unlimited-broadband-to-5-gigs-while-still-advertising-unlimited-broadband.shtml</guid>
<description><![CDATA[ I've actually been one of the few satisfied Sprint customers for many years.  Over the past few years, they were the only mobile broadband provider who didn't limit mobile broadband to ridiculously low plans like 5 gigs per month, like other carriers.  In fact, this was a key selling point, and one of the reasons why I happily stuck it out with Sprint.  I know Wall St. analysts have been insisting that Sprint would need to cap such broadband usage at some point, but it seemed like a really short-sighted idea, since the unlimited broadband is really about the only facet of a Sprint account that makes it more appealing than its competitors.  And so... of course... it appears to be going away.  Here's the email I recently received concerning my "phone as modem" option, which I use often enough:
<center>
<a href="http://imgur.com/uDYUX"><img src="http://i.imgur.com/uDYUX.png" width=450 /></a>
</center>
<br />
Basically, with no warning, effective immediately, Sprint has unilaterally changed our deal from one where I was paying for unlimited data via the phone as a modem -- to one where it's capped at a stupidly low 5GB.  And, the company even has the gall to then happily tell me (below the screenshot cut off) that this change won't impact how much I pay -- as if I should have expected them to <i>increase</i> the fees while taking away a feature I like.
<br /><br />
Considering that unlimited mobile broadband was not only part of the marketing pitch, but also a big part of the reason for why I signed up for the plan I did, this certainly seems like a bait-and-switch deal... and I'd <i>thought</i> that bait-and-switch deals like this were violations of FTC rules, but what do I know?
<br /><br />
Of course, on a whim, I wondered if Sprint's marketing had changed... and I did a quick search on "Sprint unlimited broadband" and turned up the following advertisement:
<br /><br />
<center>
<a href="http://imgur.com/V3S1o"><img src="http://i.imgur.com/V3S1o.png"width=560 /></a>
</center>
<br />
If you can't see it clearly -- it appears Sprint is still advertising unlimited mobile broadband -- highlighting that you can "avoid the data dilemma" and "get truly Unlimited data."  Except, um, that's clearly not the case.  Changing your plans unilaterally for those who specifically signed up for unlimited broadband is one thing.  But continuing to advertise such plans while limiting them and -- even worse, effectively <i>mocking</i> such limited plans -- is simply adding rather obnoxious insult to injury.  Sorry Sprint, but you may have finally convinced me it's time to explore other options.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120605/02451719202/sprint-changes-unlimited-broadband-to-5-gigs-while-still-advertising-unlimited-broadband.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120605/02451719202/sprint-changes-unlimited-broadband-to-5-gigs-while-still-advertising-unlimited-broadband.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120605/02451719202/sprint-changes-unlimited-broadband-to-5-gigs-while-still-advertising-unlimited-broadband.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-not-unlimited</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120605/02451719202</wfw:commentRss>
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<item>
<pubDate>Mon, 12 Mar 2012 03:45:19 PDT</pubDate>
<title>Penguin Pointlessly Annoys Readers With USB-Only eBooks</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120307/11580818023/penguin-pointlessly-annoys-readers-with-usb-only-ebooks.shtml</link>
<guid>http://www.techdirt.com/articles/20120307/11580818023/penguin-pointlessly-annoys-readers-with-usb-only-ebooks.shtml</guid>
<description><![CDATA[ <p>Reader <strong>Jason Alcock</strong> alerts us to another example of a company taking a backwards approach to value-added services by putting artificial restrictions on their content. Apparently, while ebooks from the popular publisher Penguin are available to borrow from Kindle libraries,  
<a href='http://www.wccls.org/library2gohelp/kindle-books-usb-transfer'>Penguin requires that they only be transferrable by USB, not wireless</a>. This, in turn, means that they cannot be read with the free Kindle apps on platforms like iOS and Android, since USB transfer is only supported on the Kindle device itself.</p>

<p>I'm at a loss as to what this is supposed to accomplish. Kindle books are DRM-controlled regardless of how they are transmitted, so it has no impact on the potential for piracy. Presumably Penguin thinks this will spur more readers to buy rather than borrow, but in reality it has just created <a href="http://www.amazon.com/forum/kindle?_encoding=UTF8&#038;cdForum=Fx1D7SY3BVSESG&#038;cdPage=1&#038;cdSort=newest&#038;cdThread=Tx26FJWSK1LKM0I#?_encoding=UTF8&#038;tag=heaprcom05-20&#038;linkCode=ur2&#038;camp=1789&#038;creative=390957" target="_blank">consumer confusion</a> and <a href="http://www.mobileread.com/forums/archive/index.php/t-169709.html" target="_blank">angry backlash</a>.</p>

<p>Of course, this isn't the first time a <a href="http://www.techdirt.com/articles/20110226/12443313275/harpercollins-wants-to-limit-library-ebook-lending-to-protect-authors-libraries.shtml">publisher</a> has <a href="http://www.techdirt.com/articles/20111230/07161417236/if-libraries-didnt-exist-would-publishers-be-trying-to-kill-book-lending.shtml">tried</a> to place arbitrary restrictions on ebook lending. It's an especially frustrating trend, because the entire concept of "lending" ebooks is <em>already</em> one big artificial restriction. When will content companies learn that courting customers is about adding value, not taking it away?</p><br /><br /><a href="http://www.techdirt.com/articles/20120307/11580818023/penguin-pointlessly-annoys-readers-with-usb-only-ebooks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120307/11580818023/penguin-pointlessly-annoys-readers-with-usb-only-ebooks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120307/11580818023/penguin-pointlessly-annoys-readers-with-usb-only-ebooks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>screw-you,-customers</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120307/11580818023</wfw:commentRss>
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<item>
<pubDate>Mon, 20 Feb 2012 20:01:00 PST</pubDate>
<title>Why You Should Regret LightSquared's Setbacks</title>
<dc:creator>Derek Kerton</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120220/05554317814/why-you-should-regret-lightsquareds-setbacks.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120220/05554317814/why-you-should-regret-lightsquareds-setbacks.shtml</guid>
<description><![CDATA[ LightSquared is a new wireless carrier that has been trying to launch a wholesale 4G network across the USA. Funded by private equity firm Harbinger Capital, it sought to re-purpose satellite communication frequencies to build a nationwide cellular-satellite hybrid network, and then re-sell the network capacity to other brands. In January 2011, the FCC, eager to foster new competitors in the mobile space, gave LightSquared the green light to launch using their spectrum with one provision - that their network equipment NOT interfere with GPS signals and devices. Well, over a year has come and gone, and despite incredible effort and wrangling, the independent testing keeps indicating that LightSquared's terrestrial towers are not compatible with GPS device use. As such, the FCC has basically rescinded LightSquared's request to launch service on their 1.5GHz L-Band spectrum.
<br /><br />
Note that, while LightSquared DID knock out GPS devices, it was not LightSquared that transmitted on the GPS frequencies, but rather the GPS devices that sloppily "listen" to the adjacent LightSquared frequencies. The GPS chipsets were generally cheaply made with inadequate filtering. That said, who is at fault is irrelevant: it remains LightSquared's problem to solve if they want to launch their network. A long history of spectrum policy states that new entrants must not mess up the existing radio devices.
<br /><br />
What we've lost here is the chance to have a truly innovative wireless carrier which would have stimulated competition, energized the vendor community, and provided a white-label network for MVNOs. LightSquared had, in fact, signed up dozens of partners who would offer LTE wireless services as cellular companies, CE makers, and store brands like Best Buy, for example, who could sell connectivity in a bundle with laptops. Maisie Ramsay over at Wireless Week explains how <a href="http://www.wirelessweek.com/News/2012/02/business-one-more-LightSquared-Casualty-Vendors/?et_cid=2485669&#038;et_rid=54131422&#038;linkid=http%3a%2f%2fwww.wirelessweek.com%2fNews%2f2012%2f02%2fbusiness-one-more-LightSquared-Casualty-Vendors%2f">a vast community of over 30 technology vendors have also lost a valuable path to market</a>.
<br /><br />
What strikes me, as someone who works with wireless carriers (LightSquared included), is that we may lose one of the scrappiest players out there. And markets thrive when a scrappy player stirs up the pot. Hutchison Whampoa stirred up the UK markets when it launched 3G in 2003, Free is currently doing the same in France. In the USA, we have regional players like Metro PCS, but nothing at the national level. My role at the Telecom Council of Silicon Valley is right where innovators meet with the telcos, and it was gratifying to see the tornado of new ideas, vendors, and possibilities that came about with a new network. Without legacy systems nor legacy thinking, lots of great ideas are free to emerge.
<br /><br />
For now, with <a href="http://arstechnica.com/tech-policy/news/2012/02/why-lightsquared-failed.ars/1">LightSquared's options dwindling</a>, we may have to have to look elsewhere for new competition and open creativity. The WiFi space is fairly promising, as the spread of hotspots continues to soar, and new versions (802.11ac) promise greater range and throughput. Chipsets are cheap, and billions of WiFi devices have been produced. Republic Wireless <a href="http://arstechnica.com/gadgets/reviews/2012/02/review-republic-wireless-and-its-19month-cell-service.ars">exemplifies the possibilities</a> of leveraging WiFi in mobile phones to the limit. Lots of people are hoping that the "white spaces" frequencies in between TV channels will be offered up to a WiFi variant, which will mean low-frequency spectrum that penetrates walls and buildings much better than today's WiFi. I like what the US carriers have done with the (globally) early launch of LTE, but there's no doubt that with increased competition we'd have a more dynamic market.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120220/05554317814/why-you-should-regret-lightsquareds-setbacks.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120220/05554317814/why-you-should-regret-lightsquareds-setbacks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120220/05554317814/why-you-should-regret-lightsquareds-setbacks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>competition-is-good</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120220/05554317814</wfw:commentRss>
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<pubDate>Fri, 17 Feb 2012 00:01:39 PST</pubDate>
<title>A 4G iPad Requires A Sensible Shared Data Plan</title>
<dc:creator>Derek Kerton</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120216/06585817780/4g-ipad-requires-sensible-shared-data-plan.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120216/06585817780/4g-ipad-requires-sensible-shared-data-plan.shtml</guid>
<description><![CDATA[ The Apple rumor mill is spinning at full speed again, with word of a new iPad release in March. This would be on schedule for Apple, so the real speculation is around exactly what improvements this iPad will feature. The Wall Street Journal, normally not the town gossip, <a href="http://www.huffingtonpost.com/2012/02/14/ipad-4g-apple-lte_n_1276401.html?ref=mostpopular">wrote that the upcoming iPad would feature a smaller 8-inch screen, and would be LTE-enabled</a>. LTE is the latest, fastest network technology available from Verizon, AT&#038;T, and other network operators. But the intention here is not to pile on to the speculation of what Apple might deliver. The intention is to speculate instead as to what the carriers might have up their sleeves with respect to an LTE tablet pricing plan. <br /><br /> When the LTE iPad hits the market, expect to see it sold with a "shared data plan", or a plan that is connected to a smartphone plan, and share a common pool of MB of traffic per month. Verizon, in particular, has hinted that just such plans will be emerging soon. Lowell McAdam said in December that such plans would emerge "sometime in 2012" to accommodate the increasing number of people with multiple mobile Internet devices. Such devices include smartphones, laptops, tablets, and others. More and more, subscribers are adding devices, and are getting frustrated at having to open a separate account, with a ~$50/month price, just because they choose to browse on their tablet instead of their smartphone. Most customers, rightly, assume that it should make little difference to the operator whether they access the net on their tablet, laptop, or phone. This is just a substitution of the access device. Because of the current punitive billing, owners of multiple connected devices are defecting from the cellular game, and instead opting to use Wi-Fi only on laptops and tablets...and liking it!<br /><br /> Research from The NPD Group has shown how the attach rates (portion that sign on to cellular service) for cellular-ready tablets <a href="https://www.npd.com/wps/portal/npd/us/news/pressreleases/pr_111212">have been less than stellar</a>, and decreasing over time. In April 2011, NPD says that 60% of tablets only connected via Wi-Fi, but by December 2011, that number had jumped to 65%, showing how Wi-Fi has been winning out over the more expensive and contract-laden cellular offerings. Tablets like the Kindle Fire are sold as Wi-Fi only, contrasting with the earliest Kindles which&nbsp;all had cellular radios embedded. The carriers are at extreme jeopardy of losing the connected device market (and embedded market and M2M) simply because they have lagged in offering the kinds of flexible plans that make sense. <br /><br /> Once a trend away from cellular connection takes hold, it becomes harder to stop. Wi-Fi networks will respond with increased capacity and increased hotspots, OEMs will respond with more Wi-Fi-only devices, and consumer behavior will respond by considering tablets as "portable" Wi-Fi devices, not fully mobile like smartphones. The&nbsp;strategic cost to the carriers is significant. While the trend&nbsp;won't be stopped, it is certain that carriers could retain significance&nbsp;by offering pooled data plans at sensible bundled prices. This means selling data to a consumer, not to a consumers specific device. And what better way to launch such a new pricing plan than with a device that the market has proven to love - a new iPad? <br /><br /> So whatever the shape of the new iPad, and the fantastic new features that fanbois laud while naysayers explain how they were just repurposed from other devices, we should fully expect an LTE iPad with a new kind of cellular pricing model, which drives up the attach rate, increases device utility at a reasonable price, and creates greater carrier loyalty and long-term gains. If Verizon and AT&#038;T do this right, we could all win.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120216/06585817780/4g-ipad-requires-sensible-shared-data-plan.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120216/06585817780/4g-ipad-requires-sensible-shared-data-plan.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120216/06585817780/4g-ipad-requires-sensible-shared-data-plan.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>cellular-operators-losing-the-battle-for-connected-devices</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120216/06585817780</wfw:commentRss>
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<pubDate>Tue, 14 Feb 2012 15:58:30 PST</pubDate>
<title>Beastie Boy Mike D Forces AT&#038;T To Let Shareholders Vote On Net Neutrality</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120214/15212117762/beastie-boy-mike-d-forces-att-to-let-shareholders-vote-net-neutrality.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120214/15212117762/beastie-boy-mike-d-forces-att-to-let-shareholders-vote-net-neutrality.shtml</guid>
<description><![CDATA[ Yeah, well there's a title I never thought I'd write.  It seems that Mike D of the Beastie Boys, along with his wife, filmmaker Tamra Davis, and John Silva (of Silva Artist Management, one of the more forward-thinking artist management groups out there, representing a ton of big name acts), have helped to get the SEC to <a href="http://www.businessweek.com/news/2012-02-14/at-t-must-give-beastie-boy-a-vote-on-net-neutrality-sec-decides.html" target="_blank">require telcos (mainly AT&#038;T) to include a resolution among shareholder votes</a> over whether or not those shareholders want the company to support wireless net neutrality concepts.  Remember, the telcos have been willing to bend (a tiny bit) on wireline neutrality rules, so long as wireless rules have been exempt.  So, letting shareholders vote on a resolution concerning wireless neutrality certainly could become a pretty big deal.
<br /><br />
I've said in the past that I'm very, very wary of any net neutrality regulations from the government -- because we've all seen how that works, where the telcos take control of the process, and the end result is quite the opposite of what supporters intended.  Regulatory capture can be a big deal.  But... I am a big supporter in the importance of the concept of net neutrality and the principles of an end-to-end network.  If it can be forced on these companies <i>by shareholder proxy</i> that may be the most compelling solution so far.  In the past, the SEC has said this issue <a href="http://blog.issgovernance.com/gov/2012/02/sec-staff-reverses-position-on-internet-access-proposals.html" target="_blank">was not a big enough issue</a>, and could be omitted from shareholder votes as "ordinary business matters."  But, now the SEC has come around to realize that net neutrality is, in fact, a big issue, thanks in part to the letter from a group representing Mike D and the others mentioned above.  The SEC responded in a pretty straightforward manner:
<blockquote><i>
In view of the sustained public debate over the last several years concerning net neutrality and the Internet and the increasing recognition that the issue raises significant policy considerations, we do not believe that AT&#038;T may omit the proposal from its proxy materials in reliance on rule 14a-8(i)(7).
</i></blockquote>
Of course, who knows if enough shareholders will vote for such a thing.  I could easily see a rather confused Wall Street thinking (incorrectly) that breaking the end-to-end principle would be good for business, even if it erodes network usefulness and value.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120214/15212117762/beastie-boy-mike-d-forces-att-to-let-shareholders-vote-net-neutrality.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120214/15212117762/beastie-boy-mike-d-forces-att-to-let-shareholders-vote-net-neutrality.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120214/15212117762/beastie-boy-mike-d-forces-att-to-let-shareholders-vote-net-neutrality.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>you-gotta-fight-for-your-right-to-vooooote-on-a-net-neutrality-policy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120214/15212117762</wfw:commentRss>
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<pubDate>Thu, 2 Feb 2012 19:14:32 PST</pubDate>
<title>Congress Trying To Regulate Certain Wireless Spectrum Issues... In A Payroll Tax Bill?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20120202/04002017636/congress-trying-to-regulate-certain-wireless-spectrum-issues-payroll-tax-bill.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20120202/04002017636/congress-trying-to-regulate-certain-wireless-spectrum-issues-payroll-tax-bill.shtml</guid>
<description><![CDATA[ We've all seen how Congress sneaks controversial issues into larger "must pass" bills.  The folks over at Public Knowledge are highlighting how our elected officials are trying to <a href="http://www.publicknowledge.org/blog/sneaking-3-horrible-wireless-ideas-one-bill" target="_blank">sneak three questionable policies</a> -- all related to wireless technologies and access -- into a single "must pass" payroll tax bill, that has absolutely nothing to do with wireless technologies:
<blockquote><i>
<b>No Net Neutrality Protections.</b>&nbsp; Forget your feelings about the FCC&#8217;s formal <a href="http://www.publicknowledge.org/issues/fccs-open-internet-rules" target="_blank">Open Internet Rules</a>.&nbsp; An amendment by Rep. Marsha Blackburn would prevent any restrictions on network management, block any requirements to make connectivity available on a wholesale basis (which would increase competition), and stop the FCC from passing a rule allowing users to attach any non-harmful device to the network.&nbsp; As a result, the winner of the spectrum auction would be able to throttle, block, and discriminate however it sees fit &#8211; something that runs counter to any definition of network neutrality.<br /><br /><strong>No Safeguards Against Further Consolidation.</strong>&nbsp; It is no secret that one of the reasons that there are only four nationwide wireless carriers (and two dominant ones) is that only a few companies control most of the available spectrum in the United States.&nbsp; This amendment would prevent the FCC from making sure that new spectrum goes towards new or under-provisioned competitors instead of being further consolidated by AT&#038;T and Verizon.&nbsp;&nbsp; That&#8217;s probably why <a href="http://thehill.com/blogs/hillicon-valley/technology/206925-overnight-tech-atat-presses-congress-to-pass-spectrum-bill-that-restricts-fcc-" target="_blank">AT&#038;T is pushing so hard for this amendment</a>.<br /><br /><strong>No Super-Wifi.</strong>&nbsp; One of the greatest boons of the transition from analog to digital TV broadcasting was supposed to be the creation of <a href="http://www.publicknowledge.org/issues/public-airwaves" target="_blank">unlicensed &#8220;whitespaces&#8221; or &#8220;super-wifi.&#8221;</a>&nbsp; This new spectrum &#8211; which is much better at communicating long distances and through walls than current wifi spectrum &#8211; would be used cooperatively by everyone and usher in a new era of wireless devices.&nbsp; However, a third amendment would destroy the FCC&#8217;s power to allocate some of this great spectrum for unlicensed uses.&nbsp; That means that opportunity would simply pass us by.
</i></blockquote>
I'm not necessarily convinced that all three things are quite as "horrible" as described, but at the very least, I think everyone can agree that they have no business (at all) being in a payroll tax bill.  If these are ideas worth considering, they should be put in a separate bill where they can be debated accordingly.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20120202/04002017636/congress-trying-to-regulate-certain-wireless-spectrum-issues-payroll-tax-bill.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120202/04002017636/congress-trying-to-regulate-certain-wireless-spectrum-issues-payroll-tax-bill.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20120202/04002017636/congress-trying-to-regulate-certain-wireless-spectrum-issues-payroll-tax-bill.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>politics-at-work</slash:department>
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<pubDate>Thu, 22 Dec 2011 20:01:00 PST</pubDate>
<title>Is Verizon Wireless Violating Its Promise To Be Open By Blocking Google Wallet?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20111222/02532517167/is-verizon-wireless-violating-its-promise-to-be-open-blocking-google-wallet.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20111222/02532517167/is-verizon-wireless-violating-its-promise-to-be-open-blocking-google-wallet.shtml</guid>
<description><![CDATA[ You may recall that, back in 2007, Verizon Wireless <a href="http://www.techdirt.com/articles/20071127/130723.shtml">promised to be more open</a> with its network.  In 2008, it made that commitment a bit more forcefully under the law, when it <a href="http://www.techdirt.com/articles/20080320/164029600.shtml">won</a> the C-block auction for 700 Mhz spectrum.  Part of the rules of that auction were that if the bidding reached a certain level (a level that Google bid to exactly), then there would be openness requirements on the network.  Of course, over the years, people have watched Verizon Wireless and suggested that its promises of openness have <a href="http://www.techdirt.com/articles/20090108/1454093339.shtml">been empty promises</a>.  But are those promises violating the law?
<br /><br />
There was some news a few weeks ago saying that Verizon Wireless was blocking Google's mobile payment offering, Google Wallet, on its Galaxy Nexus phones, and that's prompted Stanford professor Barbara van Schewick to <a href="http://netarchitecture.org/2011/12/is-verizon-wireless-illegally-blocking-google-wallet-its-time-for-the-fcc-to-investigate/" target="_blank">ask the FCC to investigate if Verizon Wireless is breaking the law</a>.
<blockquote><i>
Verizon&rsquo;s conduct undermines the Commission&rsquo;s general approach towards mobile Internet openness by dismantling the protections for one part of the spectrum on which the FCC&rsquo;s &ldquo;incremental&rdquo; approach to regulation in this space is built. Without enforcement, the openness conditions are effectively moot. Verizon violated these conditions earlier this year when it blocked tethering applications. Now it is blocking Google Wallet. This emerging pattern of disregard for its license conditions challenges the FCC to follow through on its pledges in the Open Internet Order to enforce the openness conditions in the 700 MHz band and to monitor the mobile Internet space for abuses by licensees.
</i></blockquote>
While I agree that this is a bad move for consumers, I'm wondering if it really makes sense for the FCC to be involved here.  The FCC has always been pretty weak in sanctioning telcos for doing anything wrong and I'm not sure much would really happen here either.  The more effective thing is to watch what the market is already doing -- including quickly figuring out a way to <a href="http://www.theregister.co.uk/2011/12/21/google_wallet_verizon/" target="_blank">hack Google Wallet back on to the phone</a>.  On top of that, this story reflects extremely poorly on Verizon Wireless and would make me question if I'd continue to use them (if I did today, which I don't).  So while I agree it's a dumb move on VZW's part, I'm not sure it's dumb enough to reach the level that the FCC should be involved.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20111222/02532517167/is-verizon-wireless-violating-its-promise-to-be-open-blocking-google-wallet.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20111222/02532517167/is-verizon-wireless-violating-its-promise-to-be-open-blocking-google-wallet.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20111222/02532517167/is-verizon-wireless-violating-its-promise-to-be-open-blocking-google-wallet.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>openness-in-name-only</slash:department>
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