[Cybertel-Ann] 5.6.8 :: Scottsdale Down :: BPL Dead :: TMobile 3G NYC Up :: IPv4 Almost Out :: VoIP 911 Tragedy :: "Worst Ex Parte Ever!" ::

Tue May 6 09:06:47 PDT 2008

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             CyberTelecom News  
      Federal Internet Law and Policy
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"One of the most remarkable recent inventions
connected with telegraphy is the telephone, an
instrument which transmits directly the pitch of a
sound by means of a telegraph wire -- either an air
wire or submarine cable -- so that, for instance, when
the operator at one end of the wire sings or plays on
an instrument any tune, as 'Yankee Doodle,' or 'Hail
Columbia,' it will be heard and distinguished plainly
at the other end. This invention may in its present
state have no direct practical application, but be a
mere scientific, although highly interesting,
curiosity.” The Manufacturer and Builder, May, 1889

Media Access Project brings DC to Silicon Valley: May
12 and June 12, Muni
Media Access Project (www.mediaaccess.org) is putting
together a series of conferences in Northern
California to bring together public policy experts and
tech industry leaders to draft policy recommendations
for the next President of the United States. The first
event is on May 12, 2008 and the second on June 12,
2008, both at the eBay campus in San Jose, CA.
http://feeds.feedburner.com/~r/muniwireless/~3/284283793/
More Info: http://www.cybertelecom.org/broadband/

ITIF: Explaining International Broadband Leadership,
Next Gen Web
The Information Technology and Innovation Foundation
(ITIF) released a new study today on broadband policy
at the National Press Club in Washington. The report,
titled “Explaining International Broadband
Leadership”, looks at policies in nine nations and
finds that, while we shouldn’t look to other nations
for silver bullets or assume that practices in one
nation will automatically work in another, U.S.
policymakers should look to broadband best practices
in other nations.  Learning the right lessons and
emulating the right policies will enable the United
States to improve our broadband performance.
http://www.nextgenweb.org/home/itif-explaining-international-broadband-leadership
More Info: http://www.cybertelecom.org/broadband/

Cox Chats Up DOCSIS 3.0 Plans - Will be enabled in
just a 'couple of markets' to remain competitive,
dslreports
There's an interesting chat over at CED Magazine with
the CTOs of Cox, Charter and Comcast, who discuss
everything from whether customers need 100Mbps
connectivity, to cable's reputation for poor customer
service. Cox CTO Chris Bowick has this to say about
whether consumers need 100Mbps, and the company's
DOCSIS 3.0 plans:
http://www.dslreports.com/shownews/Cox-Chats-Up-DOCSIS-30-Plans-94090
More Info:
http://www.cybertelecom.org/broadband/cable.htm

Scottsdale downtown Wi-Fi service shuts down, Muni
Wildfire Broadband appears to have shut down its Wi-Fi
service in downtown Scottsdale (Arizona). According to
the East Valley Tribune, “the paid service meant to
capitalize on flashy new downtown projects and an
influx of new residents had to compete with free Wi-Fi
service that has become increasingly commonplace at
coffee shops, restaurants and hotels.”
http://feeds.feedburner.com/~r/muniwireless/~3/284023818/
More Info:
http://www.cybertelecom.org/broadband/muni.htm

Broadband Over Powerlines Is Dead, Dead, Dead,
Techdirt
For many, many years we've pointed out the reasons why
broadband over powerlines was unlikely to succeed.
Despite the FCC calling it the "the great broadband
hope," many people referred to it as "the great
broadband joke." The technology just wasn't able to
deliver what was promised and certainly couldn't scale
effectively. Now, as Broadband Reports points out, one
of the big "flagship" deployments of BPL, in Dallas,
has been sold and is going to shut down internet
access. Instead, the buyer is just going to use it for
monitoring the electrical grid. Given that this is
just the latest in a long line of failures -- and that
the technology has never worked up to the level
promised, can we finally put to rest the idea that BPL
is a legitimate "third pipe" for broadband?
http://techdirt.com/articles/20080503/2344201023.shtml
More Info:
http://www.cybertelecom.org/broadband/power.htm

T- Mobile Brings 3G Wireless to New York, NYT
T-Mobile USA announced that it’s third-generation
wireless network is now live in New York City — though
few phones can use it. Other U.S. cities will get
coverage later this year, the company said.
http://www.nytimes.com/aponline/business/AP-T-Mobile-3G.html?partner=rssnyt&emc=rss
More Info:
http://www.cybertelecom.org/broadband/w3g.htm

700 MHz Update: Will VZ Comply with the Rules?,
CircleID
Last Friday (HT: IPDemocracy), Google filed a petition
[PDF] asking that the Commission ensure that Verizon
understands what those "open platform" requirements
for the C Block really mean. Verizon has taken the
position in the past that its own devices won't be
subject to the "open applications" and "open handsets"
requirements of the C Block rules, and Google says it
is concerned that Verizon doesn't plan to follow those
requirements in the future. This is big. Here's the
background...
http://www.circleid.com/posts/85520_700_mhz_update_verizon/
More Info:
http://www.cybertelecom.org/broadband/w700.htm

Net Neutrality Hearing Tomorrow, Cable Tech Talk
The Subcommittee on Telecommunications and the
Internet will hold a hearing tomorrow, May 6, at 9:30
a.m to cover “H.R. 5353, the Internet Freedom
Preservation Act of 2008.” Witnesses will discuss the
proposed legislation, which would direct the Federal
Communications Commission (FCC) to assess competition,
consumer protection, and consumer choice issues
relating to broadband Internet access services,
including network neutrality. The bill was introduced
by Reps. Edward Markey (D-MA), Chairman of the
Subcommittee on Telecommunications and the Internet,
and Chip Pickering (R-MS).
http://www.cabletechtalk.com/ncta-actions/2008/05/05/net-neutrality-hearing-tomorrow/
More Info: http://www.cybertelecom.org/ci/neutral.htm

IPv4 -- Less than 1000 Days Left Until Number
Exhaustion!?!?, Sascha Meinrath
Mike Leber over at Hurricane Electric put out a
reminder that some estimates are now putting IPv4
number exhaustion at less than 1000 days out.
http://saschameinrath.com/2008/may/03/ipv4_less_1000_days_left_until_number_exhaustion
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Comcast Nominated for Having Worst ToS - People use
the service but don't like the terms, dslreports
A blog over at InfoWorld recently ran a challenge
asking readers to find a company with a ToS agreement
worse than the Dilbert.com Terms of Use reported on by
the blog. The first nominee by the readers is Comcast.
Although Comcast recently changed their ToS to make
their traffic-shaping practices look more legit, they
still have a number of provisions that concern their
customers. It s primarily the lack of privacy that one
has when using their service that seems to have gotten
the company nominated for the dubious honor of Worst
ToS. The challenge is still going on so people who
believe that Comcast s ToS isn t the worst one out
there may come back with a response.
http://www.dslreports.com/shownews/Comcast-Nominated-for-Having-Worst-ToS-94116
More Info:
http://www.cybertelecom.org/industry/comcast.htm

Future of newspapers is free: survey, Globe and Mail
Editors around the world still optimistic but believed
they must adapt publications further for digital age
http://feeds.feedburner.com/~r/TheGlobeAndMail-Technology/~3/284650977/
More Info: http://www.cybertelecom.org/media/

Worst Ex Parte Ever: I Gloat Over Latest D.C. Cir.
Case on a Procedural Point, Tales from the Sausage
Factory
One of the constant irritants for me and others trying
to follow what happens at the FCC is the problem of
“the too brief ex parte.” Under the Commission's rules
(47 C.F.R. 1.1200, et seq), when a party meets with
FCC staff on an open...
http://www.wetmachine.com/item/1175
More Info: http://www.cybertelecom.org/notes/fcc.htm

911 tragedy in Calgary reveals perils of VoIP, Globe
and Mail
Toddler dies after ambulance was sent to Mississauga
instead of Calgary, where distraught family waited in
vain for help
http://feeds.feedburner.com/~r/TheGlobeAndMail-Technology/~3/281775209/
More Info: http://www.cybertelecom.org/voip/911.htm

Calgarians rally around family that lost toddler after
911 mix-up, Globe and Mail
Trust fund set up for family of Elijah Luck, who will
be buried Monday
http://feeds.feedburner.com/~r/TheGlobeAndMail-Technology/~3/282743200/
More Info: http://www.cybertelecom.org/voip/911.htm

VoIP Blamed in Death of Canadian Child - Biggest VoIP
fears have been realized, dslreports
The biggest fear associated with having VoIP services
for primary phone numbers was realized this week when
a young child died as the result of misdirected
emergency responders. The eighteen-month old Canadian
child was having trouble breathing so his parents
dialed 911 using their VoIP phone. The call was
received by the VoIP provider s call center and was
cut off before parents could give their location. The
call center reported the emergency to responders but
gave an address different from the actual location of
the family. The child didn t get to the hospital until
it was too late.
http://www.dslreports.com/shownews/VoIP-Blamed-in-Death-of-Canadian-Child-94113
More Info: http://www.cybertelecom.org/voip/911.htm

US v Arnold, No. 06-50581 (9th Cir. Apr. 21 2008)
(suspicionless searches of laptops at borders upheld),
9th Cir
We must decide whether customs officers at Los Angeles
International Airport may examine the electronic
contents of a passenger’s laptop computer without
reasonable suspicion.
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6D5D931898D8168188257432005AC9B8/$file/0650581.pdf?openelement
More Info:
http://www.cybertelecom.org/security/bigborther.htm

Amer Radio Relay v. FCC, No. 06-1343 (DC Cir April
2008) (remanding FCC's BPL rules), DC Cir
We grant the petition in part and remand
the rule to the Commission. The Commission failed to
satisfy
the notice and comment requirements of the
Administrative
Procedure Act (“APA”) by redacting studies on which it
relied
in promulgating the rule and failed to provide a
reasoned
explanation for its choice of the extrapolation factor
for measuring Access BPL emissions.
http://pacer.cadc.uscourts.gov/docs/common/opinions/200804/06-1343-1112979.pdf
More Info:
http://www.cybertelecom.org/broadband/power.htm

North American Medical Corp. v. Axiom Worldwide, Inc.,
No. 07-11574 (11th Cir April 7th 2008) (placing
trademark terms in website's metatags constitutes "use
in commerce" and therefore plaintiff has stated a
claim for trademark infringement, 11th Cir
Defendants-Appellants Axiom Worldwide, Inc. (“Axiom”),
James Gibson,
Jr., and Nicholas Exarhos appeal the district court’s
grant of a preliminary
injunction in favor of the Plaintiffs-Appellees, North
American Medical
Corporation (“NAM”) and Adagen Medical International,
Inc. (“Adagen”).1 The
district court enjoined the Defendants-Appellants from
engaging in certain alleged
acts of trademark infringement and false advertising.
We now affirm the district
court’s order in part and vacate and remand it in
part.
http://www.ca11.uscourts.gov/opinions/ops/200711574.pdf
More Info:
http://www.cybertelecom.org/ecom/advertising.htm

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