Amazon should release the identities and contact information of owners of video programs on its Instant Video service with closed captions that don’t comply with FCC rules for IP video, said Telecommunications for the Deaf and Hard of Hearing in an FCC filing Wednesday (http://bit.ly/18EQZ1t). It’s the latest in a proceeding that began last year (CD April 19 p11) with a formal complaint against Amazon submitted by TDI and several other consumer groups over problems with Amazon’s IP closed captions. The FCC should “establish daily base forfeitures for subsequent violations of the rules by Amazon, and issue a forfeiture sufficiently large to make clear that non-compliance with the Commission’s rules is not simply an acceptable cost of doing business,” said TDI. Previous Amazon filings have blamed the captioning problems on the video programming owners (VPOs) which provide content on its streaming video service, but though that information was submitted to the FCC it was redacted from public documents, TDI said. “The Commission’s confidentiality measures are not intended to protect the identities of parties who violate their obligations to make their programming accessible from public scrutiny.” Amazon’s filings don’t provide the information required by a request for confidential treatment, and don’t explain how disclosing the information would harm Amazon, TDI said. It said the commission should “compel Amazon to reveal the identities of VPOs it believes to be responsible for violations of the Commission’s closed captioning” rules.

EU law requiring storage of e-communications traffic data seriously interferes with citizens’ fundamental right to privacy and should be suspended until it’s fixed, said European Court of Justice (ECJ) Advocate General (AG) Pedro Cruz Villalón Thursday in an opinion (http://bit.ly/18nKR2G). The ECJ isn’t bound by its advisors’ opinions but generally follows them. The case involves challenges in Ireland and Austria to those countries’ versions of the EU data retention directive, which their respective high courts referred to the ECJ. Taken as whole, the measure is incompatible with the requirement in the EU Charter of Fundamental Rights that any limitation on the exercise of such a right must be provided for by law, the AG said. Use of retained data could make it possible to create a faithful map of much of a person’s conduct or even a complete picture of his private identity, and it could also increase the risk that the data may be used for unlawful purposes, he said. The directive doesn’t require that the data be retained in the territory of an EU country, so it could be held anywhere in cyberspace, he said. Given its serious impact on privacy rights, the legislation should have defined the fundamental principles on which access to the data collected and held would be based, instead of leaving that task to each individual country, he said. Another problem is that the law requires EU members to ensure that data is kept for up to two years when evidence showed here’s insufficient justification for such a long period, the AG said. Instead of advising the ECJ to strike down the law, however, he recommended that it be suspended until the EU remedies the problems. Digital Rights Ireland (DRI), which brought one of the challenges, said it’s happy with the opinion but would have preferred that the AG find the directive unlawful in principle, which he didn’t do, Chairman TJ McIntyre told us. If the ECJ upholds the opinion, it will strike down the directive, he said. The AG wants governments to have a grace period in which to change their laws, but DRI hopes that, given the political climate surrounding former U.S. NSA contractor Edward Snowden’s revelations, there’s enough political opposition to data retention for the law to die, he said. When DRI launched its challenge seven years ago data storage wasn’t a big issue, but the political scene is different now, he said.

The FCC should try out important rule changes in small-scale “policy sandboxes” before issuing decisions, incentivize efficient use of spectrum, and take steps to attract up-and-coming engineers, Commissioner Jessica Rosenworcel told the IEEE at its Global Communications Conference Wednesday (http://bit.ly/1gt0OYa). “What if instead of always relying on the big reveal, we set up small-scale policy experiments?” asked Rosenworcel. “What if we examined the effects of new rules before unleashing them all at once?” The commissioner pointed to experimental spectrum licenses as an area where the FCC is already encouraging trial phases for new ideas and said the concept might also expedite the authorization process for new radio equipment. “Because the number of devices in this process is expanding, our systems deserve an update to meet this demand,” said Rosenworcel. “By moving new devices through our approval process more quickly we can move them from sandbox to market much faster.” Small-scale policy experiments could also “kick-start” the IP transition, Rosenworcel said. “After all, big issues are at stake -- how to foster deployment, how to spur investment, and how to best serve consumers,” she said. The FCC should work with carriers to come up with location-specific and service-specific IP trials, she said. “Trying them out on a small scale just makes sense.” To increase the efficiency of spectrum, the FCC should hold a contest, with a prize of 10 MHz of mobile broadband spectrum to be awarded to the first person to make spectrum use below 5 GHz 50 times more efficient over the next decade, Rosenworcel said. “Think of it as [White House education incentive program] Race to the Top, the Spectrum Edition,” she said. The prize is worthwhile, because “if the winner can truly use spectrum 50 times more efficiently, they can make their 10 MHz do the work of 500 MHz,” she said. Rosenworcel also said the FCC could benefit from an influx of engineering talent. The commission should establish an engineering analog to its honors attorney program, she said. “By mixing young men -- and women -- with experienced engineers already on staff, the FCC could be better prepared to face the challenges of next generation communications networks,” said Rosenworcel.

Getting information needed for effective sharing of spectrum between government and commercial users “will be more difficult in some cases then others,” said the Commerce Spectrum Management Advisory Committee’s Spectrum Management via Databases Working Group in an interim report posted by NTIA. The report is to be discussed by CSMAC Friday. The working group found that the information that will be needed to protect federal agencies is “likely substantially less” than that required to protect secondary users. “Protecting Federal users via a database system likely means we only need receive (Rx) information not information on transit (Tx) characteristics,” the report said (http://1.usa.gov/1bzW1j6). “Rx information is often less sensitive then Tx information.” The report concluded that all sharing scenarios are not the same. “There is no one size fits all solution for what information needs to be shared,” it said. “In fact for some systems, it will be difficult to share at all due to nature of systems. ... We should focus on the most solvable scenarios first.” The key question the working group is considering is: “How can sensitive and government classified operations be included and protected using a database-driven sharing approach, particularly one that strives toward real-time responses?” the report said. “The group agreed to address this question in general to the extent possible but also look at this in context specifically of the 3.5 GHz band.” CSMAC will also get an update from its Bi-Directional Sharing Working Group. The group needs “more specific NTIA instruction (on time period, size of area, demographics, spectrum required, and nature of use) to recommend best possible options,” said a document posted by NTIA (http://1.usa.gov/18FJxpR). “Bi-directional sharing is likely to increase in visibility as the commercial auctions are completed, the opportunities will require a comprehensive ruleset based on best practices."

The FCC Wireless Bureau sought comment on a proposal to license TV incentive auction spectrum in smaller blocks than Economic Area licenses, which was proposed by the Competitive Carriers Association. CCA proposed use of Partial Economic Area licenses, bigger than Cellular Market Area licenses, but smaller than EAs. “Although a number of commenters support the Commission’s proposal to license the 600 MHz band on an EA basis, some commenters argue that EA licenses are too large for small and rural operators to obtain at auction or deploy,” the bureau said (http://bit.ly/IRKmC0). “Larger carriers express concern that it is more difficult to acquire a national or regional footprint using smaller geographic area licenses.” There are 734 U.S. CMAs, with much smaller geographic areas than the 176 EAs. Comments are due Jan. 9, replies Jan. 23.

The FCC admonishment stands against the receiver of WHNR(AM) Cypress Gardens, Fla. (CD April 10 p23), said a Media Bureau decision Thursday (http://bit.ly/1aZYwI5). An April request of George Reed to nix the admonishment was dismissed, said the order, signed by Audio Division Chief Peter Doyle. Also, “the April Petition is based on facts that were in existence and known by Reed at the time of his last opportunity to present such matters,” wrote Doyle. Reed had been admonished for not giving the commission a copy of an order about such a transfer of control from a Florida court (CD July 5 p7).

The Mobile App Security Working Group, a nonprofit association of mobility, security and enterprise stakeholders, formed to “simplify and accelerate the deployment of secure mobile apps in all kinds of environments, on all kinds of devices,” said smart device security firm Mocana Thursday. That company, McAfee, FireEye, SAP and Wind River are among the group’s charter members. “It is absolutely necessary for the industry to come together and establish a strong common foundation for mobile app security,” said Chenxi Wang, McAfee vice president-market intelligence, in a Mocana news release. The group hopes to begin its work by creating a set of “common metrics that enterprise users and IT administrators can employ to compare the security postures of different mobile apps, independent of platform, developer or security vendor,” Mocana said.

Carriers that have already adopted IP technology, but that will continue to be required to interconnect with others that are still transitioning, should not “be penalized” by being “forced to bear excessive interconnect costs” to connect to TDM circuits, YMax told the FCC (http://bit.ly/1byJLvV). It’s “crucial” the commission “continue to regulate inter-carrier interconnection terms,” and work with states to ensure disputes can be arbitrated quickly, the VoIP provider said in a letter to the commission.

JetBlue launched in-flight high-speed Internet service using ViaSat’s Ka-band connectivity. During the beta period rollout of the service, Fly-Fi, JetBlue will offer free basic Web browsing onboard Fly-Fi equipped aircraft through June, the airline said in a press release (http://bit.ly/18FSAXR). The satellite system includes a LiveTV portal, aircraft Wi-Fi system and integration for JetBlue, ViaSat said in a press release. It’s capable of delivering 12 Mbps or more to each connected passenger, ViaSat said. The satellite-based system also can operate on the ground, it said.

NTCA commended the Rural Spectrum Accessibility Act, S-1776, while slamming the wireless market as “consolidated” and backing spectrum licenses based on small geographic areas. That “would allow smaller carriers like those in NTCA’s membership to bid only for the territory they are interested in serving and ensure rural areas are not ignored when it comes time to deploy services,” said NTCA CEO Shirley Bloomfield in a statement Wednesday. Two carriers are now “holding 78% of the country’s low-frequency, broadband-capable spectrum and accounting for more than 80% of wireless industry revenues,” Bloomfield said. The bill was introduced and referred to the Senate Commerce Committee before the Thanksgiving recess.