Tech Policy Outlook - 2

TechPolicyDaily.com. tions, andTechnology Policyanda contributor to ing fellowinAEI’s CenterforInternet,Communica Richard Bennett( Justice’s 1913KingsburyCommitment authorizing a historicalartifactoftheUSDepartment Chairman Tom Wheeler’s NetworkCompact, These barriersare,tosomeextent,effectsofFCC places inthewayofdecommissioningtrials. the manyobstaclesFCC’s transitionorder grew uptogether. Thisreluctanceisapparentin probably becausetheFCCandtelephonenetwork the FCCisclearlyanxiousaboutturningitoff, tions intheUnitedStatesoraroundworld, is nolongerthecenterpieceoftelecommunica telephone network.Whilethenetwork trials onthedecommissioningoflegacy Order amountingtoareluctantinvitationfor Internet Protocol(IP)Technology Transitions Communications Commission(FCC)issuedan cellular networkandtheInternet,Federal Some 45yearsafterdesignworkstartedonthe By RichardBennett Transition IsNow Wake Up,FCC:TheInternetProtocol 1150 Seventeenth Street NW, Washington, DC20036 Key pointsinthis • • • IP technologiesintherealmsofpublicsafety, defense,andaviation. The FCC’s ordershouldbesubstantiallyrevisedto,among otherthings,acceleratetheadoptionof Order isobstructingthetransition. Federal CommunicationsCommission’s (FCC’s) InternetProtocol (IP)Technology Transitions Society willbenefitmostfromarapidtransitiontelephonetobroadbandnetworks,butthe elderly intransitioningtonewnetworkingtechnologies. American citizensarefaraheadofgovernmentagenciesandholdoutpopulationssuchasthe [email protected] Outlook : ) isavisit

- - - government adoptionofnew networksapriority. the newtechnologies,so FCCneedstomake than thoseofaslowone. social benefitsofamorerapid transitionaregreater sector—to adapttocontemporaryreality. The populations—in thepublicandinprivate should focusitseffortsonencouragingholdout tain compatibilitywithobsoletesystems,theFCC both largeandsmallnetworkoperatorstomain transition witharcaneregulationsthatrequire growing everyday. Ratherthanslowingdownthe the oldnetworkstonewones,andgapis other governmentagenciesinmigratingfrom sensibly. AmericansarefaraheadoftheFCCand important fortheFCCtoapproachthistransition (pervasive broadbandnetworksrunningIP),itis from thetelephonenetworktoitsreplacement tial capabilitiesareabandonedinthetransition some sweeteners. the BellSystem(AT&T) monopolyinreturnfor Government users have been slowest to adapt to Government usershavebeen slowesttoadapt While itisworthwhiletoensurethatnoessen 202.862.5800

April 2014 www.aei.org -

Tech Policy Outlook - 2 -

The order is littered with status quo–preserving conditions the grace of the telephone network. This network was a tailored to the Federal Aviation Administration (FAA), technical marvel at its birth, but advances in technology US Department of Defense (DoD), and public safety. have reduced it to the status of a quaint reminder of how Rather than holding back the public’s use of advanced we used to live. networks while waiting for the government to catch up, The telephone network has been replaced by a multi- the FCC needs to accelerate progress in the government tude of options: the mobile network, wireline broadband sector. It may not be practical to require full government networks, satellite services, and public Wi-Fi networks adoption of IP networks in the first phase of transition (mostly provided by private companies) that are often trials, but it must be part of the overarching plan. free to use. While the telephone network was a uniform Government’s struggle with technology is nothing new, system, the plethora of networks we use today are unified but as networking technologies become more powerful only by IP, a small piece of software code that lacks the and vibrant, government seems to do worse. For example, ability to move a single bit of information without the FirstNet, the national wireless public safety network first help of one or more of the diverse groups of modern com- recommended by the 9/11 Commission, is floundering munication networks that make up the new IP ecosystem. because the multiple government stakeholders who must The telephone call is now nothing more than an applica- cooperate to make FirstNet a reality cannot agree on tion mediated by the Internet, which itself is little more a plan.1 Government’s inability to police itself harms than the public face of the vibrant new IP ecosystem. the public interest; such failures should not be allowed to impede the public’s acceptance and use of new net- The expense of maintaining the old networks working technologies. The FCC’s order needs to address government-induced transition problems directly and only delays the construction and use of new not simply by increasing the burden on the public and on ones that are better in every dimension. private-sector firms.

Transition from the Telephone Network While Americans have largely abandoned “plain old telephone service (POTS),” regulators who have The story of the transition from the telephone to the invested careers in learning, interpreting, and applying pervasive broadband Internet as the primary means of telecommunications law are reluctant to let it go. There electronic communication is one of conflict. Americans are still some holdouts among the citizenry as well— eagerly explore the horizons that the new technologies chiefly older people who do not care to learn how to use offer: they are rapidly cutting the cord on traditional tele- new technologies they see as intimidating, unreliable, or phone service and buying smartphones and both mobile expensive. Hidebound regulators and holdout citizens are and fixed-location broadband services. But the FCC is the primary obstacles to the complete phase-out of the letting us down; instead of facilitating this transition, it telephone network and the reallocation of its operational does little more than throw obstacles in its path. expense in more worthwhile alternatives. The principal means by which the FCC stands in Similarly, while many Americans embrace the new the way of progress is through its insistence that it has technologies, many government agencies are stuck on discovered a Network Compact consisting of “enduring the legacy network. The FAA, for example, insists that values” embedded in the corpus of telecom law that it cannot function without time-divison multiplexing magically pertain not just to the particular historical cir- (TDM) data links, but this agency has only just admitted cumstances around the formation of America’s telephone that its 20-year ban on personal electronic devices aboard network, but also to all future networks. Effectively, the airplanes never had a factual basis.2 We cannot afford FCC wants the terms of the Kingsbury Commitment to to impose a similar delay on the phase-out of the public constrain the growth of the Internet, lest something bad switched telephone network (PSTN). To do so would be happens. This posture necessarily prevents any number to retard innovation, squander public interest benefits, of good things from happening as well, or at least post- and waste money. pones them indefinitely. While the FCC is clearly doing its best to serve the For most of the 20th century, Americans communi- “public interest,” it must do better. Preserving the tech- cated with each other instantaneously at a distance by nologies of the past has sentimental and bureaucratic - 3 - appeal, but it is ultimately counterproductive to delay Enduring Values or Expedient Compromises? new technologies that are already broadly accepted and widely used. The expense of maintaining the old networks In its order authorizing IP transition trials, the FCC lists only delays the construction and use of new ones that are four principles that it deems “enduring values that have better in every dimension. always informed communications law.” In a statement attached to the order, Chairman Wheeler expounds on Each of the historical networks did the Network Compact as the unifying theme behind these “enduring values”: one thing and one thing only. At this critical juncture, let me be clear about a few IP changed this paradigm. things. One, we favor technological innovation. And, two, we affirm the enduring values of the The FCC’s approach to telecom regulation comes Network Compact: universal service, public safety, from the technology silos in the Communications Act competition and consumer protection. of 1934, and the silos in turn reflect 150 years of history. Our challenge is to preserve the values that When the telegraph network was built, it was the only consumers and businesses have come to expect game in town—the one and only network that allowed from their networks, while unleashing new waves people to communicate nearly instantaneously from of investment and innovation, which will deliver coast to coast. One company owned all the facilities untold benefits for the American people. needed to send telegrams from border to border, so it Today’s order kickstarts this national dialogue.3 was easy to regulate; policymakers defined norms and it was up to the telegraph company to implement them. These are noble sentiments. The problem is that in When the Bell System was formed, policymakers applied practice, “enduring values” easily degenerates to “cur- similar logic and repeated the process for radio, cable rent regulations,” as the FCC’s order demands that the TV, and wireless telephony. telephone network not be shut down, even on an experi- Each of the historical networks did one thing and one mental basis, unless the replacement network satisfies the thing only; none of them needed an app store because full raft of existing telephone network features, functions, each ran one and only one application. IP changed this and regulations. paradigm. We no longer need to build a separate network In other words, the order translates these seemingly for each application; we simply build networks to reach lofty principles into a laundry list of terms and condi- users in particular circumstances at various ranges of price tions, the effect of which is to complicate the transition and service and rely on a common piece of software code, to an almost ridiculous degree. The FCC defines 17 set IP, to unite them at a web of Internet exchange points. conditions, which it defines as .“ . . values-based condi- We have mobile networks that serve us while we are in tions that any proposed experiment must satisfy.” The motion; nomadic networks that serve us during temporary commission insists that every experiment “comply with stays in restaurants, hotels, and conference rooms; and sta- the Commission’s existing rules” drafted for the telephone tionary networks that serve our television sets, desks, and network for these set conditions. In short, the FCC’s four appliances. Each kind of network serves a range of activi- enduring values become 17 status quo–preserving regula- ties and each supports an overlapping set of applications, tory demands. The enduring values and their correspond- some traditional and some emerging. The word “telecom” ing conditions are detailed in the following section. now describes a shrinking sliver of a robust and burgeon- ing networking ecosystem, but in the past it described the Public Safety. These conditions enable the public to whole enchilada. easily contact first responders, and they ensure that net- Consequently, thinking about the public interest works function during emergencies (to the extent that is must return to its roots. The actual interests of the public practical). are distinct from those of regulators, and the levers that effectuate policy in a world of multiple networks with 1. 911/E911 and Next Generation 911 (NG911) Capabil- substantially similar capabilities are different from those ities. In practice, this condition means traditional 911 that applied in the monolithic scenario of the past. location services because the presence of a NG911 - 4 -

public-safety answering point (PSAP) cannot be of hypothetical use cases involving commercial power guaranteed in each study area. It does not ask what outages of varying duration, e.g., ranging from a few can be done to speed up the deployment of NG911. hours to several days or weeks.”6 The legacy network supplies power from batteries 2. Safeguards to Ensure Public Safety Functionality in in switching centers to handsets in customer prem- Adverse Conditions. This open-ended goal requires ises. Batteries are widely owned, of course, so this the experimenter to convince the FCC that it can issue is a red herring. Backup power simply shifts from respond to any “public safety failure” by “immediately telephone company offices to handsets in the systems restoring its legacy service, fixing its IP-based service, we now use. or providing a comparable service.”4 Of course, there is no guarantee that legacy systems will work in the 6. Outage Reporting. The FCC wants applicants to com- face of any adverse conditions today; we know they mit “to filing outage reports and PSAP notification often fail for days or weeks at a time following earth- consistent with the Part 4 rules that pertain to each quakes and storms. In fact, this condition imposes a legacy service being replaced during an experiment, burden on next-generation networks that POTS has regardless of the extent to which the rules would never had to carry. apply in the first instance to the type of IP-based service that replaces it.”7 This is perfectly sensible. 3. Protect Essential Communications Services for Safety of Life and National Security. This condition requires the 7. Communications Assistance for Law Enforcement Act experimenter to convince the FCC that the exper- (CALEA) Capabilities. The FCC “expects that pro- iment allows for “the continuation of TDM-based viders participating in any experiment involving the networks and services for critical Federal systems until provision of service to customers will satisfy CALEA, it is proven that IP-based solutions can meet system their obligations under Titles 18 and 50, and similar requirements for the performance of safety of life and State requirements.”8 As with the other require- national security missions.”5 The FCC does not say ments, the commission fails to consider whether the what this proof might include, or why federal systems purposes of CALEA can be satisfied in a way that is are so far behind those used by the private sector. less burdensome to IP networks, effectively placing Perhaps the government needs a bit more time to the entire burden of progress on the private sector. adapt to the technology that citizens already rely on, but we need some assurance that a plan is in place for Universal Access. This set of conditions ensures that all modernizing its operations. Americans have access to some sort of communications network. 4. Network Security. The FCC requires only “reasonable measures” to harden systems against security threats 1. Ensuring Access for Persons with Disabilities. The FCC and suggests that applicants consult the National demands that “providers should pay particular atten- Institute of Standards and Technology Cybersecurity tion to access to 911 services by individuals with dis- Framework and applicable best practices and rec- abilities, the provision of [Telecommunications Relay ommendations from the Communications Security, Services], the transmission of remote closed captions, Reliability and Interoperability Council for guidance. and the development, use of, and compatibility with This is reasonable, but security is one of the more assistive technologies.”9 This is consistent with the serious problems with IP networks generally, and this tradition of imposing requirements on the network area probably deserves more focus. for all users that the network supports, but it ignores the role that the advanced applications IP networks 5. Backup Power. The FCC believes “the PSTN has a support can play in the disability space. Skype and reliability advantage over an IP fiber-based or wireless text messaging are fine tools for the deaf, for example. network because the TDM copper network carries an independent source of power that preserves service 2. Specific Populations. The FCC expects “service-based during emergencies when the electric power grid fails. experiments to protect the interests of specific . . . The Commission will need to understand a range vulnerable populations such as the elderly, individuals - 5 -

with limited English proficiency (LEP), low-income applicant’s network.”13 Allowing competitors access populations, residents of Tribal lands, and others who to the dominant firm’s network is a condition that likely will be affected by changes in communications was added to the legacy network after the advent technology in ways different from the general popu- of digital telephony to create the appearance of lation.”10 Language proficiency is a widespread social competition, but it has never lived up to expecta- issue, so its nexus with language-neutral communications. Open access is not appropriate in nonmonop- tions networks that permit communication by text, oly scenarios. As Jeffrey Eisenach, Roslyn Layton, voice, and video is questionable. and many other analysts have shown, open-access mandates suppress investment.14 3. Maintain Universal-Service Status Quo. The FCC requires that “experiments will not deviate from any 2. Intercarrier Compensation (ICC). The FCC insists existing universal service rules and policies, and that that networks “will maintain the status quo ante in applicants will continue to be subject to rules and their experimental arenas in accordance with the policies regarding both support and contribution Commission’s USF/ICC Transformation Order, which obligations.”11 As I discuss later, the implementation addresses ICC revenue flows, including the ICC of universal service in the monopoly context was very applicable to VoIP-PSTN traffic and related subsi- different than it is today, but the FCC seems not to dies.”15 Readers should mark this condition well, as it notice. Backing up to the Kingsbury Commitment, signifies the point at which the FCC has jumped the universal service was originally a government objec- shark. ICC is a means for subsidizing uneconomical tive that was outsourced to the Bell System. It should rural networks, and the transition out of the legacy be funded from the Treasury, not by economically network’s monopoly status to the competitive market disadvantaged urban residents through particular scenario cannot even begin to take place until ICC communications firms. There is an opportunity to is replaced with the free market for the peering and make meaningful progress toward universal-service interconnection that characterizes the Internet. The reform in the course of the transition—progress that FCC needs to drop this requirement and—if it really we cannot afford to lose. believes that enriching the owners of rural telephone companies is in the public interest—replace it with 4. Preserve and Enhance Broadband Access. The order an open and transparent system of subsidies. insists that “it will be important for the Commission to understand in detail any changes in the speed, 3. Interconnection. The rules require applicants to latency, or jitter of the Internet access services “maintain the status quo for interconnection in any offered in the experiment area, and any differences service-based experiment.”16 This largely repeats the in the price or usage capacities associated with those ICC requirement and is similarly inappropriate. The offerings.”12 The Internet relies on packet switching, transition from TDM to IP is not simply a matter of a communications technology that eschews latency one technology replacing another; it is a matter of and jitter control in favor of capacity. This is prob- one market structure replacing another. lematic for voice and video applications, but it is not immediately apparent how the experimenters might Consumer Protection. This set of conditions addresses improve the FCC’s understanding of packet switching traditional notions of full disclosure, truth in billing, and in comparison to the TDM technology it replaces. protection against false advertising and deceptive trade The confusion of packet switching and TDM is at the practices. heart of the net neutrality debate. 1. Customer Privacy. The FCC’s insistence that appli- Competition. These conditions are meant to promote the cant networks “maintain network users’ reasonable provision of network services by multiple providers and expectations of privacy, regardless of the technology technologies. used”17 skirts the concerns that Americans have about snooping and spying. The commission needs to 1. Wholesale Access. The FCC demands that exper- be a lot clearer on what expectations of privacy are imenters “maintain a competitor’s access to an actually reasonable in a world in which the National - 6 -

Security Agency and commercial firms store personal on legacy networks, while just $73 billion was spent on data and create personal dossiers for commercial modern broadband infrastructure.”23 purposes and the limits of their missions. As the DC Circuit has observed, the FCC is not chartered to Complying with the Rules simply “go around doing good.”18 A month after the FCC issued its status quo–preserving 2. Truth in Billing, Slamming, and Cramming. The FCC order, AT&T filed a plan for experiments in two locales: maintains that it is “important for the Commission Carbon Hill, AL, and Delray Beach in Kings Point, FL. to understand specifically how applicants will ensure As expected, the AT&T plan has less to do with running that consumers continue to receive the benefits of an actual experiment than with complying with the these protections during the experiment.”19 The FCC’s 17 roadblocks. incentives for slamming and cramming—abusive The two locations are well chosen. Carbon Hill is call-routing arbitrage techniques—are predictable a sparsely populated rural area and Delray Beach is a side effects of ICC. Eliminating incentives for such suburban locale with a high population of seniors, the practices can dispel these fears. group that has been slowest to adopt mobile phones and broadband IP connections. One of the signal challenges 3. Local-Number Portability. The FCC says that regard- with the latter group is the use of Carterfone devices that less of the addressing scheme, the “Commission’s were designed to allow digital data transmission over ana- current number portability rules and policies will log POTS.24 These devices, enabled by the FCC’s 1968 apply to any service-based experiment.”20 While Carterfone rules, include modems; we know them today this is sensible enough, the end of the telephone as health monitors, home alarms, and fax machines. network does imply that we should see the end of the telephone number at some point. Phone numbers function as street addresses, but we need identifiers As many analysts have shown, open-access that relate to persons rather than places. These exist mandates suppress investment. inside the legacy network, as they must for portability and mobility, but these internal identifiers will need to be exported in human-rememberable form. As noted, the modem is a device that facilitates digital transmission across an analog network; now that networks 4. Routing. Rural-call completion is a current problem are fully digital, the modem is clearly obsolete. Just as the for the telephone network, so the FCC demands that transition from analog to digital TV required the devel- “calls are successfully completed as emphasized in opment of “converter boxes” for holdouts who refused to various Commission orders, including the RCC Order purchase digital television sets and did not use cable TV and the USF/ICC Transformation Order.”21 Again, services, devices that transform digital to analog and back there are larger problems with the transition from to digital again will be a small part of the migration from legacy telephone service to even its most primitive analog telephone networks to digital broadband, but they IP-based replacement, voice-over Internet Protocol already exist. (VoIP). Technical work needs to be done to develop a Public-interest groups have already made a big issue standards-based framework for call routing. of modems in transition plans; Public Knowledge com- plained bitterly about the shortcomings of an emergency The FCC’s 114-page transitions order contains 33 system deployed by Verizon in Fire Island, NY, after Hurri- instances of the verb “to preserve” in its various conju- cane Sandy: “users may be unhappily surprised to discover gations. The emphasis within the order is very clearly . . . Voice Link is not compatible with fax machines, to prevent the transition from the telephone network DVR services, or credit card machines, and may not be to the pervasive IP broadband network from happening compatible with home security services.”25 To its credit, too rapidly. The commission would very strongly prefer the FCC does not insist on modem converters for all trials carriers to maintain the legacy network as long as pos- but simply expresses interest in seeing how networks will sible, despite its staggering operational costs.22 Between handle modems. It is a widely known fact that many VoIP 2006 and 2011, telephone companies “spent $81 billion analog telephone adapters can accommodate limited uses - 7 - of fax machines and similar devices. But the goal should approach is much more sensible than carrying dysfunc- be to support the application, not simply the device that tional regulations from the legacy network to pervasive supported the application on POTS networks. IP broadband. Perhaps this is the greatest lesson of the As for the rest of the FCC’s rules, AT&T plans to rely transition trials. on the use of VoIP and mobile telephones that are already widely used rather than experiment with NG911 and Maximizing the IP Opportunity similar IP-oriented services that are not currently usable in the trial locales. It has no choice as it cannot force For all its emphasis on preserving the status quo, the local PSAPs to adopt NG911. In the sense that the trials FCC does little to learn about the benefits of pervasive will utilize existing services, they are simply proving to the IP, perhaps because embracing the new inevitably shrinks FCC what consumers already know: cell phones and VoIP the agency. When technology is general purpose, there are perfectly functional systems today. AT&T wisely chose is no longer a need for siloed regulation. When markets locales that do not host DoD and FAA facilities so as not are competitive, there is no longer a need for guaranteed to run afoul of the requirements to continue supporting access at fixed prices to competitive networks. And when such centers with current technology. communications capabilities are rich and varied, there Consequently, the trials will do more to educate the is no longer a need for microscopic regulations such as FCC on the capabilities of existing technologies than to Carterfone and E911, which are technology specific. push technical boundaries. The AT&T trials only become truly interesting where financial matters are concerned. The FCC insists on maintaining the universal-service A better focus would be to convene status quo, which is less than coherent in the competitive stakeholder groups such as public safety, context. As AT&T notes: defense, and aviation to move more Unless the Commission modifies the [eligible quickly to the new networks. telecommunications carrier (ETC)] requirements applicable to price cap carriers, which it should, any AT&T [incumbent local exchange carrier] that The FCC has been maddeningly slow to realize that remains a legacy ETC will be saddled with service the new technology already surpasses the old and requires obligations (to provide Lifeline, to the extent it more in the way of changes to legacy applications such as continues to receive frozen high cost support and 911 and aviation and to legacy funding mechanisms such stand-alone voice throughout its entire study area) as universal service than it does in the way of adapting that would not apply to their competitors receiving new networks to old applications. The FCC should the same support. Those competitors likely will seek certainly look for instances in which old applications will and obtain ETC designations covering only those not work over IP networks, but its response to any such areas where they actually receive CAF Phase II findings should be to ask how the application might be support. Even if AT&T’s ILECs do not accept any improved to take advantage of the bandwidth, mobility, CAF Phase II support, they will be subject to service and resiliency that pervasive IP offers, not to mindlessly obligations (to offer voice telephony service and demand backward compatibility for even the most obso- Lifeline supported services throughout the area for lete technologies (like fax machines). There are myriad which they have been designated as an ETC) that ways to capture and communicate images with today’s will not apply to such competitors.26 devices, applications, and networks. A better focus would be to take the next step and con- Rationally, the FCC needs to convert Lifeline into a vene stakeholder groups such as public safety, defense, and voucher program that eligible Americans can use as they aviation to move more quickly to the new networks. The wish rather than place the responsibility for universal tactic of making the private sector adapt to stagnant gov- service on one and only one competitive carrier in com- ernment systems has become all too common in recent petitive markets.27 This condition and others suggest that years; we need look no further than the President’s Coun- the FCC has substantial work to do in terms of modifying cil of Advisors on Science and Technology (PCAST) its regulations to harmonize them with the IP world; this report in spectrum “sharing” between government and - 8 - the private sector to see it at work.28 The PCAST report 9. Ibid., 94. allows government users of spectrum to continue status 10. Ibid. quo operations while allowing the private sector to use 11. Ibid., 95. government spectrum only when government users are 12. Ibid. idle. This is not a productive adaptation of new technol- 13. Ibid., 96. ogy, but it is a typical government reaction. 14. See, for example, Robert Crandall, Jeffrey Eisenach, and Allan Ingraham, “The Long-Run Effects of Copper-Loop Conclusion Unbundling and the Implications for Fiber,” Telecommunications Policy 37 (2013). The IP transition is not simply the replacement of one 15. Federal Communications Commission, Order, Report and technology by another; it is also the creation of a new Order and Further Notice of Proposed Rulemaking, 23. market structure and a new (and much smaller) system 16. Ibid., 97. of regulation. The FCC’s IP Technology Transition Trials 17. Ibid., 24. Order should be substantially revised to reflect the respon- 18. Stacey Higginbotham, “Net Neutrality, Nausea & Polit- sibilities of the agency to accelerate the transition that is ical Theater at Its Worst,” GigaOm, February 16, 2011, http:// already far down the road. One important area of empha- gigaom.com/2011/02/16/net-neutrality-nausea-and-political- sis is to accelerate the adoption of IP technologies in the theater-at-its-worst/. realms of public safety, defense, and aviation, and another 19. Federal Communications Commission, Order, Report and relates to funding mechanisms to ensure universal use of Order and Further Notice of Proposed Rulemaking, 97. pervasive networks by low-income citizens. It is later in 20. Ibid. the game than the FCC seems to think, so a wake-up call 21. Ibid., 25. is in order. 22. Anna-Maria Kovacs, Telecommunications Competition: The Infrastructure-Investment Race (Internet Innovation Alliance, Notes October 8, 2013), http://internetinnovation.org/images/misc_ content/study-telecommunications-competition-09072013.pdf. 1. Bill Schrier, “Is FirstNet Stalled?,” Government Technol- 23. Ibid., 20. ogy, February 25, 2014, www.govtech.com/public-safety/Is- 24. 13 FCC 2d 420 (1968). FirstNet-Stalled-GT.html. 25. Jodie Griffin, “Adding Insult to Injury for Sandy Victims: 2. Kristie Greco, “FAA to Allow Airlines to Expand Use of 911 Calls May Not Go through on New Verizon Phone Service,” Personal Electronics,” press release, October 31, 2013, www.faa. Public Knowledge, May 13, 2013, www.publicknowledge.org/ gov/news/press_releases/news_story.cfm?newsId=15254. news-blog/blogs/adding-insult-to-injury-for-sandy-victims-911- 3. Federal Communications Commission, Order, Report calls-may-not-go-through-on-n. and Order and Further Notice of Proposed Rulemaking, Report and 26. AT&T, Wire Center Trial Operating Plan (February 27, Order, Order and Further Notice of Proposed Rulemaking, Proposal 2014), http://apps.fcc.gov/ecfs/document/view?id=7521084111, for Ongoing Data Initiative (Washington, DC, January 31, 2014), 40. http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/ 27. Lifeline is a subsidy program that provides low-income db0131/FCC-14-5A1.pdf. Americans with basic telephone service. 4. Ibid., 91. 28. Executive Office of the President, President’s Council of 5. Ibid. Advisors on Science and Technology, Realizing the Full Potential of 6. Ibid., 92. Government-Held Spectrum to Spur Economic Growth (Washing- 7. Ibid., 17. ton, DC, July 20, 2012), www.whitehouse.gov/sites/default/files/ 8. Ibid., 93. microsites/ostp/pcast_spectrum_report_final_july_20_2012.pdf.