Tel-Intelligence is the electronic newsletter of the TeleCommUnity Alliance.

Tel-Intelligence offers a bi-weekly look at activity within TeleCommUnity, analysis and updates of leading congressional telecommunications proposals, and links to industry news stories that impact local governments. With its insights into congressional activity and the state of telecommunications, Tel-Intelligence has become “must read” materials for local governments.

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Tel-Intelligence - The TeleCommUnity Alliance Newsletter

February 13, 2004

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Within the TeleCommUnity...

TeleCommUnity Analysis: An Eventful Week
This past week, I sent an email around to share with TeleCommUnity members just how full the telecommunications plate is in Washington. On February 12, TeleCommUnity Chair Marilyn Praisner delivered that same message much better while testifying before an NTIA panel on the spectrum needs of the public safety community. Before delivering her formal remarks, our chair provided the panel some perspective on the life of a local government official and just where telecommunications issues fit in such an agenda:

My calendar this week included two County Council committee meetings, each three hours long, focused on meaty issues such as affordable housing, government assistance for first time home buyers, and procurement. There was a day-long County Council meeting to address how to close a 200 million dollar budget gap, and how to fund a private/public partnership arts center. There were meetings with: a developer who wants to build a new shopping center, larger than the community wants; representatives from a hospital that needs to expand and is facing neighbor opposition, and a full day in Annapolis to meet with other officials on the State's interoperability initiative∑. This litany is not to evoke sympathy -- everyone is busy. It's hopefully to give you an appreciation of the myriad of issues confronting local elected officials every day. With so many issues on their plates back home, local elected officials may not be at the table when public safety spectrum is discussed at the national level.

Despite her caveat as to the type of time local government officials might have to address new challenges; I still must sound the "Call to Arms" alarm. Washington is set to rewrite the Communications Act. The rewrite could take place in 2004, not necessarily in legislation, but in the actions of the FCC and technological advancements making possible services such as VoIP.

A New Era in Telecommunications
The news coverage of congressional and FCC reactions to the Super Bowl half-time shenanigans has masked that both entities are set to consider changes in policies of a magnitude beyond any in recent history.

Changes that started two years ago with the FCC's cable modem order may culminate in a late 2004 or early 2005 VoIP decision that will usher in an era of broadband services being categorized as interstate information services, governed only by the light touch of Title I of the Communications Act. The result of these decisions could have devastating effects on consumer safeguards, universal services, e-rates, E-911, law enforcement surveillance rights and introduce great uncertainty into the world of rights-of-way management. If those were not enough of a threat, there are many in Congress who seek to exempt Internet transactions or services, including accessing the Internet over the tradional public switched telephone network or cable infrastructure, from taxation or regulatory oversight.

Should you feel that I am guilty of hyperbole, consider that all five FCC Commissioners in opening the VoIP docket on February 12 stated that they were entering the most important telecommunications docket since the creation of the telephone. Chairman Michael Powell likened the docket to "the curtain going up on the digital age" and called it "the most important and difficult item in communications history."

So if it seems like there are a lot issues coming at you all at once, and that we are in a crisis/opportunity du jour mode, don't touch your dial. Things are just that crazy, and the messages from Washington are just that cloudy. And we haven't even yet begun to talk about spectrum needs and "first responder funding." More than staying tuned, we need everyone to stay involved.

ACH-2
While local government would prefer that the Internet Tax Freedom Act ("ITFA") not be revived, the Internet Access Tax Ban Extension and Improvement Act ''("ACH-2",) filed February 12 by Sens. Alexander, Carper, Hutchison, Hollings and seven other senior members of the senate, represents the next best alternative. Copies of the bill were forwarded before introduction, and may be found on the TeleCommUnity web site at http://www.telecommunityalliance.org/issues/internettaxation.html. -- Gerry Lederer, TeleCommUnity consultant

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On Capitol Hill ...

Tauzin Resigns Commerce Committee Chairmanship,Will Not Run In Fall

House Energy and Commerce Committee Chairman W.J. "Billy" Tauzin (R-LA) says he will resign his committee chairmanship in two weeks and will not seek re-election to the House this year. In a February 3 letter to Speaker Dennis Hastert, Tauzin said his "duty now is to turn over the gavel to its next generation of leaders who can focus exclusively on the committee's great future." His letter to the speaker came less than a week after he told a Louisiana newspaper of a "high probability" that he would not seek re-election. Tauzin, who has been rumored as a potential candidate for numerous top industry jobs in recent months, said he would resign the chairmanship February16 but remain a member of the panel and the House. The House Republican Steering Committee named Rep. Joe Barton (R-TX), who heads Energy and Commerce's Subcommittee on Energy and Air Quality, as Tauzin's successor. -- Washington Post, Washington Times, Associated Press, Congress Daily, Wireless Week, February 4, 2004

Hutchison Supports Two-Year Ban On InternetTaxes as Alternative to S.150
An aide says Sen. Kay Bailey Hutchison (R-TX) has decided to support a proposed alternative to legislation that would broaden and permanently extend the expired moratorium on certain Internet taxes. The moratorium expired Nov. 1 of last year, and a proposal to make it permanent (S. 150) did not reach the Senate floor. The stalled bill also would broaden the definition of "Internet access" to prohibit taxes on telecommunications services currently subject to taxes, such as high-speed Internet access over the digital subscriber lines typically offered by telephone companies. But Hutchison offered her support for an alternative that would simply restore the lapsed moratorium for two more years without broadening it. -- Technology Daily, February 4, 2004

House Panel Pushes For Overhaul Of 1996 TelecomAct
Members of a House Energy and Commerce subcommittee say Congress must begin laying the groundwork this year for a massive rewrite of the 1996 Telecommunications Act to update federal policies for Internet-based telephone services and other rapidly emerging technologies. Rep. Fred Upton (R-MI), chairman of the Telecommunications and the Internet Subcommittee Chairman,said during a February 4 hearing that the committee would hold hearings this year on how best to retool the 1996 law. He predicted that the rewrite will take more than one year and said it "should really start in an earnest way" when the 109th Congress convenes in 2005. Rep. Cliff Stearns (R-FL) said that while consumers have benefited under the law, regulatory uncertainty has been an "obstacle" to long-term investment in telecom technologies. -- Congress Daily, February 5, 2004

Aides Say TeleCom Act to be Rewritten
Telecom companies and end-users have received their first warnings that a re-write of the U.S. Telecommunications Act of 1996 is on the horizon. "I think it is inevitable that we will see a new bill," said Bill Bailey, senior counsel for the Senate Commerce Committee. Bailey works directly with Arizona's Republican Senator John McCain, who heads the telecommunications committee. "Sen. McCain wants to take a new look at the Act," Bailey added. There is some agreement in the House of Representatives, as well. An aide to Rep. John Dingle, the ranking Democrat on the corresponding committee, also said it is time to revisit the Act ˆ just eight years after it became law. "The Act mainly dealt with how the Bells would get into long distance and how the long-distance carriers would get local access," said Greg Rothschild, who works for Dingle on the House Commerce Committee staff. "The 1996 Act has little to say about things like VoIP, DSL services, and cable modem." The consensus is that the Act will come under revision sometime around 2010 or 2011. -- Total Telecom, February 2, 2004

Senators Criticize Administration's Funding Level for First Responders
Leaders of the Senate Governmental Affairs Committee have criticized the Bush administration's fiscal year 2005 funding for first responders, saying the administration should allocate more resources for them and streamline the grant process for state and local officials. "While our first responders have received more resources, they need a streamlined grant process that includes greater flexibility in how they can use federal resources," Sen. Susan Collins (R-ME), the panel's chairman, told Homeland Security Secretary Tom Ridge during a February 9 hearing on the agency's $40.2 billion budget for FY 2005.

"While response capabilities have improved, prevention lags." Collins introduced legislation last year (S 1245) that would
streamline the grant process for first responders. The panel has unanimously approved the bill. The Bush administration has proposed $3.6 billion to fund grants for first responders through its Office for Domestic Preparedness for FY 2005. That includes $1.4 billion to prepare responders in urban areas that are considered more vulnerable to terrorists attacks. Across the federal government, the administration said funding for emergency preparedness and response programs would rise to $8.8 billion, 23 percent more than in FY 2004. But Democrats on the House Budget Committee have complained that the Homeland Security Department's proposed first responder funding would be 14.7 percent less than what was appropriated in the current fiscal year, and formula-based grants would drop 36.5 percent. "The administration's fiscal year 2005 budget -- which includes a stunning 30 percent cut, government-wide, for first responders - is the latest evidence of shortchanging the homeland side of the war against terrorism," said Sen. Joseph Lieberman (D-CT), the committee's ranking member. "By all accounts, hundreds of thousands of first responders in our country still lack the training and equipment they need to adequately protect the American people." -- Telecommunications Reports Daily, February 9, 2004

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In The News ...

BUSINESS

Banner Year Expected for Telecoms

At least one sector of the tech market is hearing the sound of cash registers ringing as the recovery rumbles on: telecoms. Analyst firm IDC predicts that the telecoms market will ring up more than $1tn - yes, that's one trillion dollars - of spending in the course of 2004. According to IDC's Worldwide Telecommunication Black Book the sector as a whole will enjoy growth 4.4 per cent greater than in 2003. The driver for the upturn will be data services. -- Silicon.com, February 10, 2004


INTERNET

Court OKs California City's Attempt To RegulateCyber Cafes

A state appellate court has ruled that an attempt by city of Garden Grove to heavily regulate cyber cafes is legal. Garden Grove Mayor Bruce Broadwater said he was pleased with the ruling because it reaffirms the city's authority to pass restrictions that aim to "prevent serious acts of violence." After a series of violent attacks at or near the city's cyber cafes, officials passed an ordinance requiring cyber cafes to log customers, have an adult and security guard present, limit business hours and videotape their premises. The court, however, struck down the requirement that each cafe have a conditional-use permit, which meant going through the city's planning process. -- Los Angeles Times


INTERNET VOTING

Michigan Internet Balloting Gets Vote of Approval

Michigan Democratic Party officials say the only U.S. presidential contest in 2004 to use Internet voting was completed without a hitch. Michigan's caucus, in which nearly one-third of the votes cast arrived through the Internet, gave presidential contender John Kerry another early victory over rivals Howard Dean, John Edwards and Wesley Clark. "I think it was a success," said Jason Moon, a Michigan Democratic Party spokesman. Of the nearly 163,000 votes recorded in the caucus that closed on the evening of February 7, about 46,000 were made online. Of the total, Kerry garnered 84,214 votes, or 52 percent of the total. In addition to the online voting option, Michigan residents could vote in person or through the mail. Michigan's experiment comes as Internet voting is drawing both interest and criticism. Four computer security experts recently warned that methods of Internet voting cannot be secured against fraud and other security risks. -- CNET News, February 9, 2004

Pentagon, Meanwhile, Cancels Plans For Internet Voting In 2004
The Pentagon has canceled plans to let military personnel vote online in the November presidential election. The program was designed to enable military personnel and some civilians stationed overseas to vote. "We've decided not use it in the November election," a Defense Department spokeswoman said February 5. "It was done in view of the inability to ensure the legitimacy of votes that would be cast using this program." She added that officials will rethink the plan in the future "but only if the integrity of the election results can be ensured." A group of four computer scientists criticized the project in a January 20 report, saying the system has numerous security problems. -- Washington Post, Reuters, CNET News, February 6, 2004


POLICY

Group Says Municipal Telecom Networks are Bad Investments

A report released by a pro-business think tank finds municipalities entering the telecommunications business are putting
their taxpayers at financial risk at a time when there are plenty of private firms available to do the same job. The study by the Progress & Freedom Foundation says that while local government-owned telecoms have many advantages over private business -- including subsidies, tax exemptions, low-cost borrowing, and easy access to public rights-of-way -- many are producing "large negative returns" and "will be an indefinite drain on taxpayers." according to author Thomas Lenard, a PFF senior fellow and vice president-research. -- Telecommunications Reports Daily, February 11, 2004

PUBLIC SAFETY

Study Takes a SWAT at E-911
Localities will fall far short of the FCC's goals for location-specific wireless E911 capabilities, according to a new study issued today by a leading nonprofit 911 organization. Only about half of the public safety answering points in the nation will be E911 Phase II capable by the end of 2004, according to a study commissioned by the National Emergency Numbering Association. More alarmingly, according to the study, only 80 percent of the nation will have access to E-911 Phase II capable public safety answering points by the end of 2007, awell beyond the FCC's initial goal of 2001. -- Associated Press, Wireless Week, February 5, 2004

Kentucky Tries To Put First Responders On Same Wavelength
The state House in Kentucky has approved a bill to bolster wireless communications among state and local emergency workers. First responders to emergencies often are unable to communicate with one another because they use different technology systems. The new bill in Kentucky would require state and local emergency agencies to submit wireless communications master plans to a state oversight committee for review. Local plans could not be vetoed, but officials hope that the reviews would help ensure that wireless systems are compatible. -- Associated Press, February 7, 2004

Kansas House OKs Safety Fee on Cell Phone Use
The Kansas House has approved a new 50-cent monthly charge that will appear on the state‚s cellular subscribers‚ monthly bills. The funds from the new charge will be used to help emergency responders buy equipment to pinpoint the location of someone that uses a cell phone to call for help. If the measure becomes law, wireless companies will start collecting the fee after July 1. -- Kansas City Star, February 6, 2004


TAXES

Allen: VoIP Service Could be Excluded from Internet Tax Moratorium Bill

Senator George Allen (R-VA) says he might agree to exclude voice-over-Internet protocol (VoIP) services from a bill he has introduced to impose a permanent moratorium on the taxation of many Internet-related services. He indicated some willingness to bend on the VoIP issue during a February 12 debate with Sen. Lamar Alexander (R-TN), sponsor of a competing measure that would place a two-year ban on new taxation of Internet services. The Washington-based Heritage Foundation sponsored the debate. The bill sponsored by Sen. Allen (S. 150) would make permanent a ban on taxation of Internet service that expired last November. That measure is being countered by a proposal from Sens. Alexander and Thomas Carper (D-DE) that would extend the moratorium for two years. An analysis of the Alexander-Carper proposal by the Center on Budget and Policy Priorities argues that it would restore neutral tax treatment between various forms of broadband Internet access and would "preserve taxes on Internet-related telecommunications services not used to provide basic Internet access to end users." That same analysis also argues that VoIP services would qualify as tax-exempt under S 150 and migration of traditional phone customers .to VoIP services would severely erode tax streams that state and local governments now collect on telecom services. -- Telecommunications Reports Daily, February 12, 2004

Tech Group Urges Ban on Internet Taxes

The Washington-area technology group CapNet is urging the Senate to pass legislation to ban taxes on Internet access, claiming any further increase in the cost of Internet access would contribute to the "digital divide" in America. "For every cent added to the cost of Internet access, many senior citizens, families and individuals who live on fixed incomes might choose to take the exit ramp off the information superhighway," CapNet President Tim Hugo said in a February 9 statement. CapNet supports a bill that would permanently ban taxes on access and other Internet-related taxes. The group also backs a competing draft bill to ban the taxes for two years and extend the moratorium to high-speed Internet services offered over telecommunications companies' digital subscriber lines. CapNet says new taxes on Internet access would slow growth in the tech sector and subscriptions to broadband and multi-media services. -- Technology Daily, February 9, 2004

To Tax or Not to Tax?

As we transition to a digital economy, one of the more contentious public-policy issues is Internet taxation. Opponents of an Internet tax moratorium argue that it‚s unfair to tax certain types of telecommunications services, like the telephone line, but not others, like Internet access. This is somewhat of a red herring, as these taxation distinctions are made all the time. ... The issue of whether to exempt VoIP is somewhat different. Companies like Vonage already provide VoIP, and virtually all the major telecom companies are following suit. Before long, many households and businesses with broadband connections will ditch their old phone service and make voice calls over the Internet. ... When Congress passed the Internet Tax Freedom Act in 1998, broadband wasn‚t much of a consideration. When Congress renewed it in 2001, few considered VOIP. In a few years, the Internet and information technology landscape will have changed yet again in ways that we may not be able to forecast. It makes sense, therefore, to extend the Internet tax moratorium for perhaps four or five years, rather than making it permanent. One reason is that at some point, when most telephony is on the Internet and most Americans have broadband, it may make sense tax broadband services and use a portion of the revenues to fund a universal service program to help lower-income Americans afford a broadband "pipe." -- The Hill, February 4, 2004

TECHNOLOGY

City Governments Map Trends

The bureaucratic, pothole-plagued world of big-city government is making creative use of sleek, innovative technology. A software package combines aerial photography, census figures, crime statistics and other information from city agencies. Overlaid on an interactive map, the program can aid emergency response teams and relieve civic drudgery. For example, specialized mapping software helped New York plot the addresses of people who had called to complain about having lost their heat during a recent cold snap. That helped determine precisely where the city should set up "heating centers" where New Yorkers could huddle. -- Associated Press, February 1, 2004

Ohio City Considers Electronic Tracking ofCats
Lost cats in Akron, Ohio, would have a better chance of finding their way home under a proposed plan to implant microchips that would electronically identify the cats' owners. City council member Renee Greene has introduced a proposal to implant microchips beneath the fur of 1,000 cats, giving the animals a permanent identification tag. A runaway cat's owner would be identified by scanning the chip, which would be about the size of a grain of rice, then checking the scan against a voluntary registry maintained by the city. Buying and installing the microchips would cost the city nearly $10,000. The city council still must approve the legislation. -- Associated Press, February 10, 2004

Airport Technology May Prevent Collisions
Transportation Secretary Norman Mineta says a new computer system that allows airport controllers to track vehicle movement on the ground and spot potential collisions will help reduce travel delays and increase safety. Mineta toured the new system February 9 at Milwaukee's Mitchell International Airport, the first in the nation to use the technology creating a map of all ground operations. "If planes don't move because of bad weather or congestion, the economy doesn't move - and that is unacceptable," he said. The $4.5 million computer system has helped during bad weather when visibility from the 210-foot tall tower is low, said Dave Brooks, an air traffic control specialist and one of Mineta's demonstrators. It has been operating at Mitchell since October, and will be put into place this year at airports in St. Louis; Orlando, Florida; Charlotte, North Carolina; and Providence, Rhode Island. -- Associated Press, February 9, 2004


THE FCC

FCC Takes Initial Steps on VoIP

The Federal Communications Commission has taken the first steps to determine the regulatory framework governing voice over IP by issuing a notice of proposed rulemaking (NPRM) for IP services and declaring IP-to-IP calling an information service. "This NPRM is really the curtain going up on a new era of communications. That‚s both exciting and daunting," FCC Chairman Michael Powell said February 12. "This is the most important item in communications history, in some ways." Commissioners expressed intent to regulate VoIP minimally, but each indicated VoIP providers should fulfill social-policy obligations associated with E911, Universal Service, disability access and law-enforcement access. -- Washington Post, Telephony Online, February 12, 2004

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Tel-Intelligence is published biweekly. ©2004, TeleCommUnity Alliance, 1615 L Street, N.W., Suite 520, Washington, DC 20036. Phone (202) 429-8855.

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