Government Executive - Authors - David Hatch

Issa probes FCC's close ties to White House

David Hatch — Fri, 25 Mar 2011 00:00:00 -0400

House Oversight and Government Reform Committee Chairman Rep. Darrell Issa, R-Calif., wants to know if the White House is pulling the strings at the Federal Communications Commission, a supposedly independent agency.

In a March 24 letter to FCC Chairman Julius Genachowski, Issa demands the details about frequent visits by agency brass to 1600 Pennsylvania Ave.

The congressman is particularly concerned that the White House may be quietly playing a significant role in shaping Genachowski's controversial agenda -- which includes tough, new network-neutrality rules for the Internet.

The agency's three Democrats approved the Internet regulations in December over the objections of the two GOP commissioners, Republican lawmakers, and some broadband companies.

Genachowski visited the White House 81 times between January 2009 and November 2010, according to White House logs, Issa writes. This equals the number of visits by the secretaries of five other agencies during the same time period, he adds.

But some of the visits occurred before Genachowski arrived at the FCC. He was nominated in March 2009 and sworn into office three months later.

Eddie Lazarus, Genachowski's chief of staff, made roughly 60 trips to the White House during that period, Issa notes. Genachowski is a Harvard Law School buddy of President Obama, and served as a technology adviser for his presidential campaign.

In his missive, Issa demands that the FCC provide a log of all meetings with the White House and furnish any documents, including e-mails, that the agency shared with the White House on net-neutrality.

The congressman also complains that Genachowski failed to adequately reply to his previous letters seeking details about the agency's close connections to the White House.

A senior FCC official said in a written response that many of the meetings were related to the agency's creation of the nation's first National Broadband Plan, a ten-year technology blueprint released in March 2010.

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FCC to come under closer scrutiny, aide says

David Hatch — Mon, 05 Jan 2009 00:00:00 -0500

The FCC under President-elect Barack Obama will face stepped up congressional oversight and increased pressure to create a more open and transparent regulatory environment, a top aide to incoming Senate Commerce Chairman John (Jay) Rockefeller, D-W.Va., said Monday.

Jessica Rosenworcel, senior communications counsel on the Senate panel and a potential candidate for FCC chairman, said the agency needs to be more responsive to Congress, conduct fact-finding in a more "neutral" manner, and make itself more accountable to the public.

"It might be time to dispense with ideological approaches and return to a restoration of facts," she said.

She also recommended the FCC make information it collects more publicly accessible, similar to the way the public can easily access the Transportation Department's databases.

But Rosenworcel stopped short of calling for legislation to overhaul the FCC even though Rockefeller recommended doing so during a December 2007 Senate Commerce Committee hearing.

Rosenworcel said the committee would initially focus this session on concerns about the nation's Feb. 17 switchover to digital television signals, confirming government appointees and helping to shape provisions in Obama's economic stimulus package designed to underwrite the expansion of broadband service to rural areas. She spoke on ways to revamp the FCC in the 111th Congress at a packed seminar sponsored by Public Knowledge and the Silicon Flatirons Center for Law, Technology and Entrepreneurship at the University of Colorado in Boulder.

The drumbeat for changes at the FCC follows the controversial tenure of Chairman Kevin Martin, who is set to be replaced after Obama takes office. Martin stoked controversy with iron-fisted control of the agency, prompting a yearlong congressional investigation that led to a scathing review of his leadership. Public Knowledge and Silicon Flatirons, seizing on the rare opportunities created by Democratic control of Congress and executive branch agencies, will launch a new Web site this week, www.fcc-reform.org, to further press their case.

Monday's session underscored the complexity of modifying the commission, with telecommunications experts floating wildly varying proposals, including the idea of one administrator instead of a chairman and four commissioners. Several complained that FCC decisions are too often motivated by politics and not consumer interests, and that the current bureau structure may be outdated for today's marketplace.

"The FCC was created for a very different world where there weren't innovators -- there were monopolies, oligopolies," said Phil Weiser, a telecom and law professor at the University of Colorado. Bill Kennard, a former Democratic FCC chairman who has been advising the Obama team, decried the "culture of politicization" at the agency and said steps need to be taken to attract highly talented bureaucrats and keep them from leaving.

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Groups urge Obama to adopt national broadband strategy

David Hatch — Tue, 02 Dec 2008 00:00:00 -0500

A coalition of 56 telecom companies, educators, industry associations, labor groups and watchdogs urged President-elect Barack Obama Tuesday to develop and implement a national strategy to spur deployment of high-speed Internet access.

Underscoring the adage that politics makes strange bedfellows, AT&T, Cisco, Free Press, Google, New America Foundation, National Cable and Telecommunications Association and Verizon -- parties sometimes at each other's throats over public policy -- are allied.

"I think it's something pretty special in Washington when so many different interests can come together," said Jim Cicconi, senior executive vice president at AT&T. "This is going to be the essential infrastructure for the 21st century. It is crucial to this country's economic growth and global competitiveness."

During a Capitol Hill event to promote the initiative, the coalition issued a plan calling for affordable rates, computer training, faster speeds and wider deployment, particularly in underserved rural areas. While the proposal endorses unfettered Internet access, it balances that with recognition that network operators must be allowed to manage their infrastructure responsibly.

Speakers repeatedly likened a national broadband framework to federal investments in the electrical grid and highway system. The coalition announced it would present the new administration with more detailed recommendations in the spring.

"This is the beginning of a longer process," said Ben Scott, policy director at Free Press, emphasizing that a thriving Internet is key to a robust democracy. Supporters noted that the United States has slipped in international rankings of per-capita broadband adoption and complained that Bush administration policies have not done enough to boost deployment and usage.

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Lobbyist's work for Obama transition raises concerns over ethics guidelines

David Hatch — Thu, 20 Nov 2008 00:00:00 -0500

A communications industry lobbyist who has represented some of the nation's most powerful cable, Internet and telecommunications firms is drawing scrutiny for his role on President-elect Obama's transition team.

James Halpert, an attorney and registered lobbyist with DLA Piper, is advising on matters involving the U.S. Patent and Trademark Office and intellectual property, according to many sources in the technology sector who are familiar with Obama's transition operations.

Critics are crying foul because they insist Halpert lobbied these issues just a few months ago, in violation of Obama's strict ethics guidelines, which state that parties joining the transition effort are prohibited from working in areas in which they focused as registered lobbyists in the last 12 months.

"When we saw his name pop up as the transition guy for IP, I mean, everybody nearly had a heart attack," an industry source said.

The flap over Halpert comes as corporate stakeholders and watchdogs jockey for position to influence decisions the new administration will make in the coming weeks and months that could profoundly affect their businesses and reverse eight years of largely deregulatory communications policies.

While the Obama team has released the names of its top transition advisers, several of whom have deep ties to communications firms and associations, hundreds more -- including Halpert -- have not been disclosed to the public.

"Everything we're doing is consistent with the principles that President-elect Obama laid out during the campaign," spokeswoman Jen Psaki said Wednesday. "We are operating under the farthest-reaching ethics policy in history."

A transition official described Halpert as a member of an advisory team handling only patents and trademarks. Halpert declined to comment.

Sources pointed to Halpert's activities on behalf of the little-known Internet Commerce Coalition, whose members include Amazon, AT&T, Comcast, eBay, Information Technology Association of America, Monster.com, U.S. Telecom Association and Verizon, as evidence of a conflict of interest.

The coalition, which one source described as run by Halpert, keeps a low profile, has no Web site and uses DLA Piper's address. In a March 18 letter signed by Halpert that was sent to Rachel Bae, director of intellectual property and innovation for the Office of the U.S. Trade Representative, the coalition addressed provisions of the pending Anti-Counterfeiting Trade Agreement.

The group argued the act should "appreciably enhance the enforcement of existing intellectual property rights," rather than pursue substantive legal changes. The correspondence also sought to clarify that existing laws do not authorize "trademark owners to assert control over the secondary distribution of goods," including products sold abroad at lower prices.

Critics also cited public disclosures listing Halpert as one of several lobbyists on an intellectual property bill enacted in October, which sources said he lobbied the Senate Judiciary Committee up to a few months ago, and as a lobbyist earlier this year on a patent reform measure.

Public records covering the third quarter of 2008 indicate that Halpert ceased representing several clients, including Amazon and Comcast. Meanwhile, his biography on the DLA Piper Web site lists intellectual property as one of several specialty areas.

"It raises some concern here because Obama represents the candidate of change and [getting] away from the special interests," said Craig Holman, legislative representative for Public Citizen. He explained that since lobbyists often work several issues, the ethics restrictions are cumbersome to implement.

While those rules are the strictest of any president, "my impression is that for the transition team, the vetting process is not very strict," Holman said.

Halpert is married to Karen Kornbluh, who served as Obama's policy director in his Senate office and is considered a potential candidate for FCC chairman.

Halpert is well-respected among allies and opponents for his talents and effectiveness, with views mixed as to whether he has breached any ethical boundaries.

"He's definitely worked on these issues and it seems like it would be a conflict that he's been assigned to this role," an industry source complained, while parties sympathetic to his policy stances were quick to defend him.

"He's just not a patent guy," said one of his supporters, insisting that any of his activity on intellectual property matters has been marginal.

"That's not his area of expertise," said a source about the subjects Halpert is focusing on for the transition, adding that his role is "perfectly acceptable according to the rules."

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FCC picks posh beachfront communities for digital TV test

David Hatch — Fri, 08 Aug 2008 00:00:00 -0400

The test, set for Sept. 8, is supposed to cull information that could prove useful for the nationwide switchover on Feb. 17, particularly in areas considered vulnerable to losing reception, such as the inner cities, along the Mexican border, and in rural and mountainous regions.

So it may seem incongruous that the test zone includes a private island, gated communities and oceanfront resorts dotted with lavish vacation homes and retirement mansions. Affluent neighborhoods are widely viewed as having far less reliance on over-the-air analog reception than low-income ones, which often face additional hurdles, such as language barriers and limited access to the Internet, to learn about the changeover.

Here, where seaside "cottages" rivaling the size and grandeur of year-round residences in Washington's toniest suburbs can be bought for a cool $5 million, tight public parking restrictions and extensive police surveillance appear designed to keep out the riff-raff. In nearby Landfall, a Country Club membership buys 45 holes of golf and access to 14 tennis courts minutes from your door, but visitors without connections are barred from entering this gated community surrounded by a high concrete wall and thick foliage.

The DTV shift will also come early to Bald Head Island, where top-shelf homes sell for nearly $2 million. The test market's crown jewel is Figure Eight Island, dubbed the Martha's Vineyard of North Carolina. Former Sen. John Edwards, University of North Carolina President Erskine Bowles -- who was President Clinton's White House chief of staff -- and Morgan Stanley CEO John Mack have summer residences on this private island, connected to the mainland by a bridge but off-limits to outsiders. Featured homes on Figure Eight Realty's Web site range from $1.2 million to nearly $4.5 million.

There is diversity in the region, including vast stretches of farmland and low-income neighborhoods made up mostly of blacks and Hispanics, whose reliance on over-the-air signals is presumed to be high. "We do serve a dynamic cross-section of society in these five counties," underscored Bill Saffo, mayor of Wilmington, a city of roughly 100,000 and the area's hub. Interviewed this week in his office, he noted that some of the participating counties are very rural, including Bladen, which he called "one of the largest hog producers in the country, maybe in the world."

But the affluence of the region is raising questions about whether this portion of North Carolina was the best choice. FCC Commissioner Michael Copps, who originated the idea of doing a test run of the DTV switchover, said Wednesday that he would have preferred several tests in a variety of places, but the plan never materialized.

"Nobody else stepped forward to do this," he said, adding: "It's the only community we got."

FCC Chairman Kevin Martin, who was in Wilmington with Copps Thursday, was unavailable for comment. Wilmington is a place where trendy tourists rub elbows with tattooed beach bums. Boutiques, fine dining and sightseeing riverboats line the River Walk, and sushi is as easy to find downtown as an oyster bar. The city boasts a café culture, permanent movie studio, Shakespeare festival and sizable historic district, though some neighborhoods are largely blue collar and lower-income.

"A lot of people use Wilmington during political season -- a lot of polling is done here -- because they look at it as being a pretty good microcosm" of the state and the nation, Saffo said.

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FCC chairman pushes reform agenda amid congressional inquiry

David Hatch — Mon, 12 May 2008 00:00:00 -0400

Last month, in a conference room atop the Federal Communications Commission building that has become a gathering spot for journalists, Chairman Kevin Martin made what appeared to be a routine announcement. The agency, he stated matter-of-factly, would soon issue press releases outlining the tentative agenda of each monthly meeting three weeks in advance.

The pronouncement may have sounded routine, but it wasn't. For decades, the agendas have been among the most closely guarded secrets at the commission, which regulates the trillion-dollar communications industry. The FCC formerly issued meeting advisories only seven days in advance, with regulatory items often mysteriously appearing or disappearing at the last moment. The agency still issues updated advisories a week in advance, with fewer surprises at the meetings.

The announcement, and the press conference itself, were the direct result of pressure on Martin from the House Energy and Commerce Committee, which is conducting a months-long review of the FCC and its regulatory practices. Four days later, on April 28, an internal Energy and Commerce staff memo tightened the squeeze when it recommended holding oversight hearings in June, asserting, "The FCC process appears broken and most of the blame appears to rest with Chairman Martin."

In an effort to tamp down such criticism, the chairman has instituted a series of unilateral moves designed to make the FCC more transparent. "I've tried to be responsive to individual concerns that people have raised about the public not being aware enough about some of the issues that were in front of us," Martin said in an interview with National Journal.

Reviews are mixed.

"The changes that have been made are small but important," said Andrew Schwartzman, president and CEO of the Media Access Project, a public-interest law firm that often battles the FCC. "They're more than window dressing, and I don't doubt the chairman's sincerity for a moment," he said. Nevertheless, he noted, they may not mollify congressional and industry critics.

"Martin's changes are having at least a marginally positive effect on how people perceive him," said an industry source, who added that the chairman's detractors are largely holding their fire until Congress completes its investigation. The source was one of several to request anonymity, citing the sensitivity of the investigation and trepidation about angering the powerful FCC chief. Others declined to be quoted even without attribution because of concern that their words might somehow be traced back to them.

Some FCC-watchers questioned the motivation behind the new policies, however, especially because the commission implemented them after the committee inquiry began. "It just feels very much like a process of calculated damage control," said one of these observers, adding, "He wants to have an answer to any charges leveled against him." Another source questioned the depth of the adjustments: "I think they've been primarily cosmetic in nature, and I think they've been more public relations than public interest."

Jonathan Adelstein, one of two Democrats on the five-member commission, delivered unusually candid remarks at a forum on Maryland's Eastern Shore last weekend, saying that the Federal Trade Commission is the model for how the FCC should be run. "They have a wonderful collegial atmosphere; they work together on things; they have an open, transparent process," he said. Noting that FCC regulators sometimes have to "beg and plead" to obtain data within the agency, he said, "There should be no fear about sharing information or having an open dialogue."

"The processes that the commission follows are exactly the same as when I actually worked in, physically in, the same office that Commissioner Adelstein is in now," Martin told NJ, referring to his days as an adviser to another regulator.

Critics offered a laundry list of additional steps the chairman could take to make the commission more transparent: requiring more-detailed disclosures of meetings involving FCC officials and outside parties; enforcing deadlines for merger reviews and responses to congressional inquiries; and allowing the public to comment on reports before they are final.

Martin's efforts dovetail with the timing of the investigation. In December, when the House Energy and Commerce panel initially signaled its intention to investigate, the FCC announced that it would begin posting a regularly updated list of pending regulatory matters on its Web site. The chairman insisted that the FCC began planning the move last fall in response to a Government Accountability Office report.

Beginning in January, when the committee formally instructed the agency that it was under review, Martin implemented another key change: He started holding regular press briefings in the conference room near his office. In the first four months of 2008, he held six briefings, more than he had conducted in an entire year. It was a big change for a chairman whose media handlers used to shoo reporters away.

In recent months, Martin has gone to some lengths to accommodate Rep. Edward Markey, D-Mass., head of the House Energy and Commerce Subcommittee on Telecommunications and the Internet, a move that appears to have softened criticism from one of the most influential power brokers on communications matters in Congress. It has also been a boon to Markey, who has seen the FCC act on some of his top priorities -- such as preserving the openness of the Internet -- that stand little chance of being addressed through legislation this year.

Schwartzman of the Media Access Project called the detente with Markey a testament to the political shrewdness of Martin, who is "frequently underestimated." Others downplayed the apparent alliance, noting that the chairman of the full committee, Rep. John Dingell, D-Mich., is spearheading the investigation along with Oversight and Investigations Subcommittee Chairman Bart Stupak, D-Mich.

"There is three years' worth of resentment built up among various people and organizations that is not easily dissipated by modest procedural changes," the industry source said.

Rule changes that Martin championed to permit increased consolidation of media properties sparked the Energy and Commerce investigation, as did his unsuccessful effort to have the FCC declare that cable operators had reached a threshold of market dominance that warranted renewed regulation. The investigation was also fueled by allegations that Martin regularly employs hardball negotiating tactics with his fellow commissioners to pursue his mostly deregulatory agenda.

Until recently, Martin conducted 11th-hour horse-trading on the eve of public meetings that led to delays of almost 12 hours. Some meetings scheduled for morning commenced at night, and reporters would hold betting pools on when each session would begin.

In the interview with NJ, the chairman put the onus on his colleagues, whom he accused of sometimes waiting until the last minute to weigh in. "The delay in the start of our meetings is actually not something that I'm in full control over," Martin said.

Although he is conducting more internal briefings to keep the offices of other commissioners apprised of his agenda, sources say that aides still grumble that he keeps colleagues in the dark on critical policy matters.

Martin's actions are part of a complicated minuet involving congressional members who are reviewing his actions and threatening legislation to overhaul the agency. The chairman walks a tightrope between undermining his assertions that the FCC does not require a major revamping and angering Congress if he doesn't foster more transparency.

The saber-rattling began in December when Sen. Jay Rockefeller, D-W.Va., urged colleagues on the Senate Commerce, Science, and Transportation Committee to make FCC overhaul legislation a priority this year. In January, a draft House Energy and Commerce agenda indicated interest in a counterpart bill. Nevertheless, observers consider prospects for legislation slim, given the short legislative calendar.

Reorganizing the FCC, meanwhile, is a complicated matter that would involve considerable lobbying and could take years. Without a comprehensive agreement from major players for a streamlined bill, "it would be irresistible for all sorts of special-interest things to be tagged on," Schwartzman said.

The last major restructuring occurred in 1983 during the Reagan administration, when legislation cut the number of commissioners from seven to five, the configuration in place today.

Although the House investigation looms as a constant threat to Martin, FCC-watchers wonder whether it will turn up dirt or is mostly a bluff designed to keep the FCC chief in check. With the inquiry set to end this summer, it could come too late to have much impact on Martin, who is likely to be replaced as chairman in a new administration.

Democratic presidential contenders Hillary Rodham Clinton and Barack Obama, who support an openly accessible Internet and increased access to broadband, would install a replacement from their party. Martin might not fare better under presumptive Republican nominee John McCain, who has a deep bench of telecom advisers from his years at the top of the Senate Commerce Committee.

Even if congressional oversight fizzles, Martin may have another motivation to loosen the reins: his legacy. The chairman may simply be reluctant to leave the FCC under a cloud of suspicion about his leadership style.

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Pressure from Congress on FCC spurs changes at agency

David Hatch — Thu, 06 Dec 2007 00:00:00 -0500

Increased FCC oversight by Democratic lawmakers in both chambers is beginning to prompt changes at the Republican-led agency, as evidenced by two announcements that preceded a high-profile hearing Wednesday before a House panel.

On the eve of the session, the agency said that for the first time it would begin publicly disclosing regulatory proposals that are "on circulation," meaning that they are being reviewed by the FCC's five regulators. Circulated items originate with Chairman Kevin Martin, a Republican, and are shared with his colleagues, two Democrats and two Republicans.

In a Tuesday statement, the FCC said it informed Congress on Nov. 30 that it plans "to take steps to ensure equal access to information."

The agency acted in response to an October Government Accountability Office report that reprimanded the FCC for media leaks. Massachusetts Democrat Edward Markey, chairman of the House Energy and Commerce Telecommunications and the Internet Subcommittee, had requested the report. An FCC spokesman said the roster would be updated weekly.

But Thursday, questions were being raised about the value of the disclosures because few details are provided, rendering the information useless to some.

Speaking to reporters following his appearance at a telecommunications conference sponsored by the Practicing Law Institute, Martin acknowledged the shortcomings. "For example, enforcement items have some redacted information," he said, conceding it would be impossible for non-FCC personnel to decipher portions of the list.

The development also followed a Monday announcement by Commerce Committee Chairman John Dingell, D-Mich., of an investigation into the agency's regulatory procedures. Martin testified alongside his agency colleagues Wednesday before the telecom subcommittee and will appear with them Dec. 13 at a Senate Commerce hearing.

Watchdog sources, meanwhile, suggested that the agency's unanimous rejection Tuesday of Verizon Communications' request for regulatory relief in six markets was a bow to opposition from Markey and other Democrats. But Martin strongly disagreed, telling journalists that the agency faced a Tuesday deadline and based its decision on standards applied to previous requests.

At the same venue Wednesday night, Martin was the featured guest at the annual FCC Chairman's Dinner sponsored by the Federal Communications Bar Association. Alluding to the pressures he faces from Capitol Hill, Martin deadpanned: "This year I can say I'm actually thrilled to be here. In fact, if I weren't at this dinner, I'd still be testifying before Congress."

Also at the PLI conference:

Meredith Baker, the new head of the National Telecommunications and Information Administration, said NTIA "hopes" to begin issuing coupons in February that will lower the cost of digital-to-analog converter boxes. The devices will enable television viewers dependent on over-the-air analog reception to continue using their sets after Feb. 17, 2009, when the switch to digital occurs.
And Vinton Cerf, the chief Internet evangelist for Google, spoke about the Internet's potential, including super-fast downloads of television programming and an emerging crop of Internet-enabled devices. But he also warned of pitfalls, including the potential for "bit rot," the inability of future Internet protocols to recognize older digital content.

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FCC agenda in disarray in wake of questions and concerns

David Hatch — Tue, 27 Nov 2007 00:00:00 -0500

FCC Chairman Kevin Martin's efforts to re-regulate the cable industry were in disarray Tuesday as the agency repeatedly postponed a meeting amid gridlock over whether to declare that cable operators have achieved market dominance and need to be reined in.

Martin recently concluded that cable had reached this threshold, but he based the assessment on data whose accuracy and thoroughness has been questioned not only by the cable industry but also by some of his agency colleagues.

The developments follow intense lobbying by the cable industry to block the proposals as letters poured in from lawmakers expressing concerns about the impact of Martin's plans. During an informal briefing with reporters, Martin recommended that cable operators be required to file additional subscriber statistics to help the FCC decide whether cable has reached the so-called 70/70 threshold that triggers fresh regulation. The benchmark states that cable service is available to more than 70 percent of households and serves at least 70 percent of them.

"There wasn't a majority" of commissioners interested in collecting more cable data Monday, Martin said, adding that it appears there might be Tuesday. "As soon as we work that out, we'll figure out if we're going to go forward with that issue or not," he said.

The cable finding was supposed to be in the agency's latest report on video competition, to be voted on this morning. An FCC spokesman clarified that the report is likely to be adopted this afternoon regardless of the status of the "70/70" matter. Also uncertain was the fate of an item that would modify the agency's leased access and program service rules. The FCC had planned to consider lowering by 75 percent the fees that programmers pay to lease cable capacity in an effort to promote independent channels. It also was poised to require that cable-carriage disputes be settled through FCC arbitration instead of private negotiations.

"I'm not sure exactly where that will end up," Martin said of the proposals.

Early Tuesday, the agency dropped from the agenda a plan to mandate cable carriage of ancillary broadcast digital signals if they are leased to new entrants and small businesses, including minority- and women-owned businesses.

"The commissioners wanted some more time to think about the minority ownership proposals that we've put forward, so we removed those from the agenda," Martin told reporters.

On Monday, a dozen House members wrote the chairman to complain about the initiative.

"You have presented no evidence to support your assertion that multicast must-carry would promote program diversity and increase programming choices for consumers," they argued. They reasoned it would have the "opposite effect by putting additional broadcast channels at the front of the line ahead of the many diverse programming services offered by cable."

The National Cable and Telecommunications Association argues that the approach would limit capacity for other channels.

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Congressman seeks to revive network neutrality debate

David Hatch — Mon, 26 Nov 2007 00:00:00 -0500

Rep. Edward Markey plans to introduce legislation in December to set the stage for congressional debate in 2008 on the ability of telecommunications companies to restrict content carried over their wireline and wireless high-speed Internet networks.

The Massachusetts Democrat's network neutrality measure would be part of a multi-pronged effort to shift the issue back into the spotlight. It is expected to include hearings in both chambers.

Watchdog groups are urging Senate Commerce Committee Chairman Daniel Inouye, D-Hawaii, and House Judiciary Committee Chairman John Conyers, D-Mich., to convene January hearings on recent allegations of discriminatory online practices. Spokesmen for both panels did not have any comment. The House Energy and Commerce Telecommunications and the Internet Subcommittee that Markey heads already plans to hold additional sessions on the topic next year.

The legislative push is being fueled by recent flare-ups over net neutrality involving AT&T, Comcast and Verizon Communications, sources said. They noted that the online activist group MoveOn.org is urging Markey to revive the issue so it resonates more loudly on the presidential campaign trail.

The leading Democratic presidential contenders -- Hillary Clinton, John Edwards of North Carolina, Barack Obama and Bill Richardson -- all have endorsed tougher neutrality safeguards to prevent broadband operators from potentially acting as content gatekeepers.

Details of the Markey bill were sketchy, but sources said the measure may be an updated version of the 11-page bill he introduced in May 2006 when broader Republican-backed telecom legislation was pending. Various ideas are being bandied about for the new iteration, including the possibility of mandating nationwide field hearings on the subject.

In addition to MoveOn, groups such as Free Press and the Open Internet Coalition have been consulted on drafting the measure, sources said.

Mandatory net neutrality restrictions are strongly opposed by the telecom and cable industries, which have long maintained that regulations are unnecessary and could interfere with their ability to manage Internet traffic flow.

"What we've said all along is that the FCC has the ability to deal with bad actors," AT&T spokeswoman Claudia Jones said.

The FCC already has voluntary neutrality guidelines in place for companies to follow and has a pending notice of inquiry exploring allegations of discriminatory practices by Internet providers. The agency imposed temporary neutrality restrictions on the approval of the AT&T, BellSouth merger. Those restrictions will expire in late 2008.

In January, Sens. Byron Dorgan, D-N.D., and Olympia Snowe, R-Maine, reintroduced legislation designed to ensure that the Internet remains open and accessible to all consumers and competitors. Markey has failed several times to pass neutrality bills and amendments, but sources noted that the environment is different now that Democrats are in charge and a major election is looming that could further alter the political landscape.

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Homeland Security chief defends timing of communications grants

David Hatch — Wed, 18 Jul 2007 00:00:00 -0400

"We've been funding these kinds of things for years," Chertoff said, noting that federal money has been flowing to build a system that can communicate across jurisdictions since 2002, one year after the Sept. 11, 2001, terrorist attacks in New York City, Pennsylvania and Washington, D.C. "I think it would be wrong to suggest that somehow we've been sitting on our hands for five years when we've built an awful lot of this system already."

Chertoff spoke at a news conference with 11 emergency responders in the background. Under the federal program, mandated by a 2005 budget law, grants worth $968 million would be available to all states, the District of Columbia, Puerto Rico and four U.S. territories.

"The 10 major cities do have basic interoperability," he said, noting that the national capital region already has upgraded its capabilities. Nevertheless, he conceded that the nation has not reached "perfection."

Commerce Secretary Carlos Gutierrez said "billions" already have been spent, "so it's not as though this is the first time we're investing."

In an interview, Charles Werner, chief of the Charlottesville, Va., fire department, said the grants are a good start but complained that they should have been available earlier.

"You've had 9/11 occur. You've had [Hurricane] Katrina occur," Werner said. "How much more reinforcement do we need to move forward with these efforts?" He emphasized that a billion dollars "doesn't go very far" when spread across 60,000 public-safety agencies.

In a Wednesday letter to Chertoff, the National Governors Association said additional money is necessary to secure the homeland. "Unfortunately, administration budget requests and annual appropriations for core federal-state programs such as the state homeland security grant program have decreased precipitously," the governors wrote.

They urged him to support increased funding in the fiscal 2009 federal budget for the initiative, which funds equipment, exercises, planning and training. During a separate afternoon briefing, Chertoff announced $1.7 billion in additional grants, including a little more than a half-billion dollars for the state program.

John Kneuer, chief of the Commerce Department's National Telecommunications and Information Administration, said the $968 million would help states achieve a "baseline" level of interoperability. Gutierrez said the resources would enable state and local safety agencies to "fill interoperability gaps."

States and cities will use the funds to retrofit existing equipment, acquire new devices and conduct training for the nation's 2.5 million emergency responders about the frequencies, codes, terms and language to use during emergencies.

Chertoff said both departments have been working extensively with state authorities to identify equipment shortfalls and other problems. By the end of 2008, he predicted, "there is no reason that every major city in every state should not be at baseline or better interoperability."

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New company makes bid for public-safety network

David Hatch — Mon, 26 Feb 2007 00:00:00 -0500

The company, Frontline Wireless, plans to submit comments to the FCC later in the day. It will outline a proposal to build a nationwide wireless public-safety network that also would have commercial applications such as voice and high-speed Internet services.

Freedom Technologies is a telecom consulting firm founded by Obuchowski, who ran the National Telecommunications and Information Administration under President George H.W. Bush. Hundt is a senior adviser with McKinsey & Company, a management consulting firm. He serves on the board of Intel and some high-technology startups.

"It's a free build-out," Hundt explained at a press briefing. "They'll have to pay to use it. There's no other way for them to get a network." Obuchowski emphasized that an FCC-run public-safety governing body would oversee the arrangement and could referee any contract disputes.

Under the approach, localities would have autonomy over their spectrum and could pre-empt commercial services on Frontline's system during emergencies. Public-safety entities could opt to pay lower fees to Frontline if commercial carriers use their airwaves during non-emergencies.

Frontline would harness spectrum that analog television broadcasters will return to the government as they transition to digital. The company would need to secure up to 13 megahertz at an upcoming auction to move forward with the plan.

Under existing law, the government must reserve for public-safety purposes 24 MHz of spectrum to be returned by broadcasters, with the remainder auctioned to commercial entities. Critics complain that 24 MHz is not enough to promote communications across jurisdictions, particularly during times of national crisis.

The proposal is a competitor to a plan from Cyren Call Communications, which is seeking the rights to an additional 30 MHz that would be used for private and public-safety purposes. Cyren Call would construct the network and lease excess capacity to commercial users.

The Cyren proposal may require legislation, whereas Frontline's plan, according to its backers, would not. Another difference is that Frontline wants the FCC to require any entity winning the 13 MHz at auction to use the frequencies in the manner it contemplates. That would ensure that the public-safety network is built even if Frontline is outbid, though Hundt and Obuchowski said Monday they are confident of winning.

While Frontline is not disclosing the bulk of its partners and corporate backers, it did reveal that its CEO is Haynes Griffin, the founder of Vanguard Cellular and past chairman of the Cellular Telecommunications Industry Association. Silicon Valley investor Ram Shriram, managing partner of Sherpalo Ventures, also is on board.

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Ex-Commerce officials urge interoperability action

David Hatch — Thu, 30 Nov 2006 00:00:00 -0500

During a conference call with reporters, Larry Irving, a Democrat who ran the National Telecommunications and Information Administration under former President Bill Clinton, and Michael Gallagher, a Republican who served in the same post under President Bush, said they have put their political differences aside because lives are at stake.

"We have come together in a bipartisan manner because we've both had experiences during our government lives with what happens when you don't have interoperable networks," said Irving, who now heads his own telecom consulting firm. "We know there's going to be more natural disasters in the country."

He added that "brave" responders are taking big risks because they lack the tools they need.

"We have a significant challenge to make sure public-safety organizations can speak to one another," added Gallagher, a partner in the Washington office of the Perkins Coie law firm. He said emergency responders need to communicate not just through voice communications but also via the newest wireless text gadgets and Internet-based technologies.

NTIA advises the White House on telecom policy, including spectrum issues.

Incoming House Energy and Commerce Committee Chairman John Dingell, D-Mich., recently said that improving the interoperability of rescue personnel will be among his top priorities next year. Bolstering emergency communications has been a priority for lawmakers on both sides of the aisle since the Sept. 11, 2001, terrorist attacks highlighted flaws in the system.

In a new "white paper," Irving and Gallagher outlined six steps that Congress can take to address the situation. The proposals include on-time completion of the transition to digital television in February 2009, which would free 24 megahertz of spectrum for public-safety networks. The FCC should ensure that the spectrum is used for cutting-edge technologies, they said.

Another potential benefit of the transition could be the auctioning of 60 MHz to the private sector. Portions of the proceeds, expected to be in the billions of dollars, have been earmarked for grants to emergency responders.

The former NTIA chiefs also called upon the Homeland Security Department to expedite the creation of a national interoperability plan that Congress has mandated.

Additional recommendations include better cooperation among state and local governments to design, build and operate interoperable networks and rapid implementation of new laws and regulations designed to bolster the nation's emergency alert system.

While more than $2 billion in federal funding has been appropriated for interoperable communications in recent years, more funding is needed, they said.

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Key senators battle over emergency communications

David Hatch — Wed, 13 Sep 2006 00:00:00 -0400

Some Capitol Hill aides insisted that Stevens offered his version to fend off McCain's as part of an ongoing tit-for-tat between the two.

When Stevens took the helm of the Senate Commerce Committee, he eliminated a communications subcommittee that McCain was in line to chair. The two also have sparred on a host of matters, including whether the cable industry should offer per-channel programming. A Stevens spokesman declined to comment.

The Stevens amendment would define how states could allocate interoperability money under the bill, H.R. 4954, but the McCain proposal would not. Several major public-safety organizations, including the Association of Public-Safety Communications Officials International, have endorsed the McCain plan.

The varying approaches set the stage for possible negotiations between the lawmakers to meld the initiatives, a source said.

Some industry observers viewed the developments as an indication that Stevens is pursuing a new legislative strategy to move his stalled telecommunications bill. With prospects for that comprehensive legislation dim, Stevens appears to be trying to revive relatively non-controversial sections, sources said.

The Alaskan is expected to make a floor speech Wednesday about his interoperability proposal.

Some observers think Stevens will seek to tack sections of his telecom legislation onto various appropriations measures and other vehicles. Stevens, the president pro tempore of the Senate and the former chairman of the powerful Appropriations Committee, has a formidable reputation as a savvy parliamentarian adept at inserting pet provisions into spending bills.

"I think he'll do whatever he can" to salvage his legislation before adjournment in October, an industry source said. The senator likely would have additional chances to amend appropriations measures during a post-election session in November.

On a related note, Sen. Conrad Burns, R-Mont., has filed two versions of an "enhanced 911" bill, S. 1063, as amendments to the port security measure. Burns is a co-sponsor of the legislation, which would require the FCC to ensure that E911 service is available to Internet telephone customers -- but also would permit temporary waivers if compliance is not technically feasible.

In August, some Democratic senators anonymously blocked the E911 bill, authored by Sen. Bill Nelson, D-Fla., from being adopted by the Senate by voice vote. They placed procedural "holds" on the measure to prevent it from becoming a vehicle for broader telecom legislation containing provisions they do not support.

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Senate bid fails to hike emergency responders funding

David Hatch and Molly M. Peterson — Wed, 14 Sep 2005 00:00:00 -0400

The amendment, offered by Sen. Debbie Stabenow, D-Mich., fell 58-40. It needed 60 votes to secure a waiver to budget rules. A similar amendment failed in July.

"I can't imagine we would send troops into battle overseas and the radios didn't work ... We are in the age of technology, Mr. President. There is no excuse for this," she said, referring to communications failures in the Gulf Coast. "It's our responsibility to make sure that the systems that failed do not fail again."

Senate Budget Chairman Judd Gregg, R-N.H., insisted the amendment was not related to Hurricane Katrina. "The breakdown in communications in the Katrina event was not an interoperability event," he said, insisting that damage to the telecom infrastructure along the Gulf Coast and a lack of electricity to recharge portable phones caused most of the problems. He also noted the spending would go to states unaffected by the hurricane. Gregg said the federal government has spent $2 billion to fix the communication problem.

Meanwhile, in the first congressional hearing to examine the government's response to Hurricane Katrina, former California GOP Gov. Pete Wilson said Congress should strengthen governors' emergency powers to waive state and federal regulations.

"Reinforce the governor's emergency powers to set anything aside -- state and federal statute and regulation -- that stands in the way of quick recovery," Wilson told the Senate Homeland Security and Governmental Affairs panel.

The committee is moving forward with its investigation despite House and Senate Republican leaders' announcement last week that they would establish a bipartisan, bicameral committee to investigate the rescue and response efforts.

Republicans and Democrats are squabbling over the scope and powers of the panel. Sen. Mark Dayton, D-Minn., who criticized the panel for not calling witnesses involved with the relief effort, said any attempt by Bush administration officials to "bypass this committee is unacceptable" and "part of the administration's cover-up."

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Democrats seek funds for responder communications

David Hatch — Tue, 13 Sep 2005 00:00:00 -0400

Sen. Debbie Stabenow of Michigan on Tuesday was planning to offer an amendment to the budget resolution that would provide a "down payment" of $5 billion for the Homeland Security Department to purchase equipment and conduct training. The money is part of a $15 billion allocation that Stabenow and her supporters envision over the next few years.

"The lack of this communication for America's first responders has put them and put all of us -- all of our communities -- in danger," Stabenow said during a press briefing.

But her bill and others like it have failed in the past. Congress has approved $14 billion since the Sept. 11, 2001, terror attacks for states to use to bolster the communications of emergency responders. "This is a life-and-death issue," said Sen. Carl Levin, also a Michigander. He said that a "focused source of money" for this equipment is essential.

"Whatever we have done has not been enough," added Sen. Mary Landrieu, who represents the devastated state of Louisiana. Sen. Joseph Lieberman of Connecticut said if the federal government does not provide the funds, "it ain't gonna happen." Another proponent is Sen. Barbara Boxer, whose state of California is notorious for earthquakes, mudslides and other natural disasters.

Senate Majority Leader Bill Frist, R-Tenn., has expressed worries in recent days about the ability of communications systems to work across jurisdictions, but it was unclear at deadline whether he supports the amendment. His office did not return calls.

At the briefing, Stabenow expressed hope that Frist, who visited the hurricane-stricken region, and other Republicans would back the proposal. She said Frist and the Federal Emergency Management Agency have pinpointed communications problems as a top priority.

There are indications that some Republicans want the matters addressed locally. "We're keenly interested in the reports of communications problems that police and other emergency workers encountered in the New Orleans area," Kevin Schweers, spokesman for House Commerce Committee Chairman Joe Barton, R-Texas, wrote in an e-mail.

"So far, however, most of these seem to involve a need for local cooperation to sort out frequencies and planning to provide a source for emergency electricity that will permit radios to work when the normal power fails and batteries die."

Rep. Henry Waxman of California, the ranking Democrat on the House Government Reform panel, is expected to raise concerns about communications capacity at upcoming hearings. The panel holds its first hearing on Hurricane Katrina this Thursday. Waxman outlined his concerns in a Sept. 6 letter to Government Reform Chairman Tom Davis, R-Va.

House Minority Leader Nancy Pelosi, D-Calif., among other lawmakers, has spoken in recent days of the need for more funding to bolster emergency communications. Several other lawmakers, including Homeland Security and Governmental Affairs Committee Chairwoman Susan Collins, R-Maine, and Rep. Bart Stupak, D-Mich., are preparing bills to address the issue.

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President Bush appoints new FCC chief

David Hatch and Drew Clark — Wed, 16 Mar 2005 00:00:00 -0500

The boyish-looking Martin, 38, has been serving as a Republican commissioner at the agency since 2001. He was deputy general counsel for Bush's first presidential campaign and worked on the Bush-Cheney transition team. He also served as special assistant to the president for economic policy at the White House.

Martin's elevation to chairman creates an opening for a GOP commissioner at the agency. The expected departure of Commissioner Kathleen Abernathy would create another GOP vacancy at the five-member agency. Abernathy's term expired last year, but she may stay until the slot is filled or until the end of this year.

Martin made a name for himself in February 2003 when he disagreed with Powell over whether rules governing traditional telephone wires should be liberalized. The two Democrats on the commission joined Martin to form the majority on that portion of the order, blocking Powell's efforts at deregulation.

Powell's position ultimately was vindicated by the federal D.C. Circuit Court of Appeals and by the Bush administration when it declined to seek Supreme Court review of that decision.

Martin also generally has favored the broadcast industry over cable in their various battles at the agency. In February, for example, Martin cast the lone dissenting vote against the FCC decision that cable need not carry all of broadcasters' digital-television programs. In 2003, Martin and Powell voted in favor of a plan championed by Powell to relax rules on media ownership.

The announcement that Martin was selected as FCC chairman raised new questions about how the FCC will approach key telecom and media policy questions.

The most pressing question facing Martin is a request by Level 3, a competitor of the regional Bell telecom firms, that all Internet telephone calls traveling over traditional networks pay the cheaper rates borne by local phone companies, not those of long-distance providers.

Until now, Martin has been reluctant to join Powell and Abernathy in their efforts to approve the request. Bell and rural telephone companies have been lobbying hard against Level 3, which has strong support from technology companies, the MCI long-distance provider and Internet phone companies like Vonage.

The chief of the Information Technology Industry Council (ITI) last month wrote a personal letter to Bush urging him to appoint Martin as chairman. Other leading candidates for the post were Michael Gallagher, the head of the National Telecommunications and Information Administration and Becky Armandariz Klein, a former chairwoman of the Texas Public Utilities Commission.

ITI chief Rhett Dawson said Martin has sided with the technology industry on its key concerns, including his decision in 2003 to support Powell and Abernathy in loosening regulations governing high-speed Internet technologies like fiber-optic wires and cable modems.

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Appropriators criticize funding plan for science agency

David Hatch — Thu, 17 Feb 2005 00:00:00 -0500

Missouri Republican Christopher (Kit) Bond, chairman of the Senate Appropriations subcommittee with jurisdiction over NSF, and ranking Democrat Barbara Mikulski of Maryland expressed their concerns at a hearing on funding for federal science programs.

The president has recommended $5.6 billion for NSF in fiscal 2006, an increase of $132 million, or 2.4 percent, from fiscal 2005 but a decrease from fiscal 2004. Bond said the increase for fiscal 2006 would be insufficient, particularly given efforts to double NSF funding over five years.

He noted that Bush in 2002 signed a law aimed at doubling the budget. The act authorizes $8.5 billion for NSF in fiscal 2006. Yet on the present funding trajectory, NSF's budget would not double until 2040, Mikulski said.

John Marburger, director of the White House Office of Science and Technology Policy, defended the president's budget, saying it "maintains and selectively strengthens" funding for research efforts. "This budget is tight, but it does maintain that strength," he said, adding, "this is a time when we have to make priorities and hard decisions and this budget reflects that."

Overall, the president's fiscal 2006 budget requests $132.3 billion for federal research, an increase over 2005, Marburger said.

But Bond and Mikulski insisted that NSF is under funded. "Inadequate funding for NSF also hurts our economy and the creation of good jobs," Bond said. Noting the recent outcry over the outsourcing of jobs to other countries, he said, "The best remedy to this issue is not protectionism but investing in the education and skills of our future workforce."

Mikulski, meanwhile, said given that the proposed spending for NSF would barely keep pace with inflation, the agency's funding is "really in decline." If she and Bond had their way, NSF would receive $7.5 billion to $8 billion for fiscal 2006, she said.

"I think science should be nonpartisan. Science belongs to America, not a particular party," Mikulski said.

She noted that China and India are increasing their government investments in science while U.S. investments are remaining static or declining. But Marburger said the United States has "an extraordinary lead" over other countries.

Bond said it is "critical" that the National Science Board develop a long-term vision for NSF that includes identifying new areas for cutting-edge research and ensuring that it maximizes its research dollars. In particular, he said, the board should examine how the nation can improve math and science education because "every major assessment" in this area has revealed that the nation's students are falling behind the rest of the world.

The senator voiced his support for nanotechnology and noted that NSF would receive $344 million for nanotech research under Bush's budget.

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GAO chief calls for effort to rethink federal priorities

David Hatch — Wed, 16 Feb 2005 00:00:00 -0500

The report (GAO-05-325SP) was released at a Senate Homeland Security and Governmental Affairs Committee hearing on transforming government.

At the hearing, senators and U.S. Comptroller General David Walker of the GAO warned that the government needs to dramatically curtail spending to prevent fiscal disaster.

"We've got to face this, and we've got to tighten our belt," said Sen. Joseph Lieberman of Connecticut, the ranking Democrat on the committee. He said the budget process "has broken down in Congress."

The GAO report urges the government to examine ways to improve scientific and technological innovation, by such measures as increasing the return on investments in federally funded research, adding incentives to encourage private-sector collaboration, and developing a more technically proficient workforce. In addition, it urges the government to explore using advanced technologies to better protect the nation.

"Based on this report, we are headed toward very troubled waters if we stay on this course," Walker said. "We're on an unsustainable path." Walker, the only witness before the panel, said the government largely operates based on decisions made in the 1950s and 1960s and that the massive review he envisions could take a generation.

"It is time we applied our proven ability to innovate, and our knowledge of transforming government, to the entire spectrum of government itself," said committee Chairwoman Susan Collins, R-Maine.

Walker said the nation has amassed $43 trillion in liabilities and commitments, and if discretionary spending continues to grow at its present rate, federal revenue would be sufficient to only pay the interest on the growing federal debt.

"We have to do something," said Sen. Tom Coburn, R-Okla. "My heartache is that things will continue as they have. The powers that be protect themselves."

Echoing those concerns, Sen. Frank Lautenberg, D-N.J., said he worries that there will not be sufficient dollars for programs that citizens need, such as Social Security, Medicaid and Medicare. But Coburn, noting the empty seats in the hearing room, questioned whether lawmakers are willing to give the issue their full attention.

"The truth is the [room] ought to be packed, and the nation ought to be watching," Lieberman said.

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Government, privacy advocates debate data techniques

David Hatch — Thu, 30 Sep 2004 00:00:00 -0400

"I would much prefer focusing on the physical security ... than having some secret government file that is branding me as a security risk," David Sobel, general counsel for the Electronic Privacy Information Center, said during the forum sponsored by the International Association of Privacy Professionals.

He noted that some lawmakers-including Sen. Edward Kennedy, D-Mass., and Rep. Don Young, R-Alaska-have been detained at airports because their names matched those on terrorist watch lists.

Nuala O'Connor Kelly, chief privacy officer at the Homeland Security Department, said her office seeks "transparency" of government activities that affect privacy and cited "privacy impact assessments" as an example of her agency's openness.

But Peter Swire, a policy professor at Ohio State University and a former privacy adviser in the Clinton administration, argued that transparency "has not been a hallmark of recent policy."

Responding to an audience member who raised concerns about Secure Flight, a government plan to collect airline passenger records to screen for potential terrorists, Kelly distanced herself a bit from the current plan. "I hope it won't surprise you that I agree with you," she said. The government, she said, needs to answer the question, "What is the least amount of data that you need to make that program run?"

Kelly praised new security-related technologies, such as biometrics and radio-frequency identification (RFID), but also raised concerns about their efficacy. She said they could be misused, adding that there is a "long way to go" to create ground rules for these systems and educate people about them.

Swire raised doubts about portions of the Bush administration's approach to privacy. He described as "window dressing" an executive order issued by President Bush in August creating a Civil Liberties Board, as recommended by the commission that investigated the Sept. 11, 2001, terrorist attacks. Swire said he thinks the board will be powerless and instead backs a Senate proposal that would create a board with more power and autonomy.

Jim Harper, director of information policy studies at the Cato Institute, said the threats resulting from government use of personal data "are strong."

Paul Rosenzweig, a senior legal research fellow at the Heritage Foundation, agreed. "Every new authorization of power to the government brings with it the potential for abuse," he said. But the answer to privacy concerns lies in "end-to-end oversight," such as audits and training. "I think that we should be very, very scared of government," he said. But he added that "it's not prohibition [that's needed]; it's regulation of government."

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Senators say data-sharing transformation must continue

David Hatch — Wed, 08 Sep 2004 00:00:00 -0400

Senate Governmental Affairs Committee Chairwoman Susan Collins, R-Maine, and the panel's ranking Democrat, Joseph Lieberman of Connecticut, made their remarks during a hearing on making the intelligence community more agile to fight terrorism and emerging threats.

Both senators were part of a group of lawmakers that met Wednesday with President Bush and Vice President Dick Cheney to discuss intelligence reform.

"There have been many, many improvements," Collins said at the hearing, which featured testimony from the heads of the FBI and CIA. "But we have not yet transformed an intelligence community designed for the Cold War into one with the agility to respond to threats that range from nuclear missiles in North Korea to an al Qaeda operative on a highway in Maryland."

"Institutional change is needed and must be written into law," Lieberman added. The hearing was the committee's sixth on the recommendations of an independent panel that investigated the Sept. 11, 2001 attacks, with more hearings to come.

To illustrate the consequences of poor intelligence sharing, Collins described a series of events on Sept. 8, 2001, including a traffic stop of one of the 9/11 hijackers and an FBI memo about al Qaeda leader Osama bin Laden, that would have hinted at the terrorist strikes if officials had access at the time to more data -- or had bothered to investigate the evidence before them.

FBI Director Robert Mueller said the bureau should centralize its intelligence gathering and then disseminate its findings to other agencies. Within the FBI, that central role falls to the intelligence office, he said.

He noted that the 9/11 Commission recommended a national counter-terrorism center as the next "logical step" to improving cooperation among the intelligence, national security and law enforcement communities, and that President Bush issued an executive order to establish it. The center will build on the work of the existing Terrorism Threat Integration Center, he said.

Acting Director of Central Intelligence John McLaughlin said that while today's intelligence community has a "stronger foundation" than before the 2001 attacks, "we can still do better." The perception of the intelligence agencies as unwilling to relinquish turf or share information is simply not accurate, he said.

"Speed and agility are the keys to winning in the war on terrorism," he said, adding that those goals require "the right tools to do the job." He cited as an example the anti-terrorism law known as the USA PATRIOT Act, which critics argue curbs civil liberties.

Mueller also praised the act, saying Congress should renew it because it provides law enforcement with vital tools to fight terrorism. The hearing also focused heavily on the possible creation of a national intelligence director.

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Lawmaker calls for quicker communications upgrades

David Hatch — Tue, 20 Jul 2004 00:00:00 -0400

"I think the Department of Homeland Security has to exert authority," said Connecticut Republican Christopher Shays, chairman of the House Government Reform National Security Subcommittee. "The FCC's got to make some huge decisions [about interoperability of communications equipment]. Every year they wait, it's going to be more costly."

At issue is the radio and other communications devices that police, fire and rescue workers rely upon for coordination during crises. During the Sept. 11, 2001, terrorist attacks, poor communication cost the lives of more than 100 firefighters in the World Trade Center towers, witnesses told the subcommittee.

Shays said uncoordinated governmental planning and funding cycles, crowded spectrum, and a lack of bandwidth and standards contribute to the problems.

In a new report on first responders, the Government Accountability Office concluded that the main barrier to resolving wireless interoperability "has been the lack of effective, collaborative, interdisciplinary and intergovernmental cooperation and planning."

When Shays asked the first panel of witnesses to predict what progress might be made on interoperability within five years, he was not pleased with the answers. "I'm a glass-half-full kind of guy," FCC Wireless Telecommunications Bureau Chief John Muleta said. "In five years, we'll have a lot of success on the planning level." Other witnesses echoed his remarks.

"It's got to be more than just planning in five years," Shays responded. "I don't think the glass would be half full. It would be one-quarter full."

Carolyn Maloney, D-N.Y., expressed concern that insufficient progress since the 2001 attacks has been made in improving safety communications in New York City, which she called a top target. "The radios that didn't work on 9/11 still don't work," she said.

Professor Glenn Corbett of the John Jay College of Criminal Justice in New York said the city has made some progress on improving interoperability among police and fire officials but added that problems persist. For example, the fire department cannot communicate in much of the subway system, although plans are in place to improve the situation.

Problems also persist at the local level. First responders in Suffolk County, N.Y., which has invested $50 million in communications systems since 1993, still cannot communicate with their counterparts in nearby Nassau County during emergencies, said William Gardner, supervisor of the Suffolk County Police Department.

Other witnesses noted that many localities do not have the budgets for new technology and rely on older equipment, which must be made compatible with newer systems.

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