Almost a week has passed since Hurricane Sandy ravaged the East Coast, and it has become evident that the nation's communications infrastructure is not quite ready to stand up to a storm of such magnitude. While the FCC's focus in recent years has been on ensuring the availability of emergency communications for first-responders, the storm and subsequent outages have made it clear that more attention is needed to ensure that consumers have access to wireless communications after such events. The FCC estimated last week that a quarter of the cell towers in the affected areas were knocked out. Some of those towers have since been restored, but portions of New York and New Jersey were still reporting power outages and a lack of communications over the weekend.
Democratic FCC Commissioner Mignon Clyburn suggested that it's too early to compare the Sandy response to previous disasters but had some cautious words of praise for how her agency and wireless companies have responded to recent events. Clyburn said the agency is still focused on how to improve backup power and wireless infrastructure, but eventually focus will shift to rebuilding. Whether the federal government will step in to help the wireless carriers rebuild is not clear; in the meantime, companies have shown a rare spirit of cooperation, with AT&T and T-Mobile announcing they will carry each other's signals to expand coverage in the disaster area. Regardless, Sandy has made it clear that wireless communications, not broadband Internet, is the chosen method of communication for individuals caught in a natural disaster. So the FCC might find itself examining ways to improve the availability of emergency wireless services, in hope of bringing their reliability in line with traditional land line phone service.
Election Draws Closer: We're finally on the eve of the 2012 election, and all indications are that turnout should be strong despite the damage from Hurricane Sandy. President Obama looks like the favorite to retain the White House, based on available polling, but there's no telling until the final votes are counted. More intriguing should be the battle for the House and Senate, which will play a large hand in determining the viability of new online privacy and cybersecurity regulations in the next Congress. Stay tuned this week as we examine what impact the election's results will have on the top tech policy issues facing Congress. Warner Pushes Transparency Bill: Sen. Mark Warner, D-Va., is urging the Homeland Security and Governmental Affairs Committee to schedule a November markup on a bill (S 3600) designed to standardize federal spending data so it can be easily tracked and posted online. Warner's bill is a companion to legislation (HR 2146) from House Oversight Chairman Darrell Issa, R-Calif., which passed the House in June. Unlike Issa's bill, Warner's bill would task the Treasury Department with tracking federal spending data, rather than creating a new entity to do so. Warner has also looked to quiet some opposition by focusing on consolidating existing reporting data, rather than requiring new disclosures. There have been several efforts to increase government transparency by posting federal spending data online, but those efforts have generally met with bureaucratic resistance. Involving the Treasury Department could held advance the effort, as that department can present the most accurate picture of federal spending based on outlays. Talks Resume on High-Tech Visa Bill: Lawmakers from both chambers are huddling in hope of reviving legislation that would grant additional permanent visas to skilled immigrants. House Judiciary Chairman Lamar Smith, R-Texas, offered his own bill (HR 6429) after talks broke down in September, but that effort failed in the House. Smith sought to reallocate the 55,000 green cards set aside for the visa lottery program to foreign high-tech graduates of American universities, a plan Democrats supported so long as it included provisions to make it easier for green card holders to be reunited with their families. Both sides are holding out hope for a compromise in the lame-duck session, since there is bipartisan agreement on the need to allow more foreign tech workers. But the results of the election could shift the balance of power in favor of one party or the other, lessening the chances of a deal. Wyden Blocks Surveillance Bill Extension: Sen. Ron Wyden of Oregon is once again courting the displeasure of fellow Democrats and the White House by placing a hold on a bill (S 3276) that would extend a 2008 surveillance law set to expire at the end of the year. The legislation would extend the law (PL 110-261) that allows the federal government to conduct surveillance of foreign targets without court orders, even if the targets are communicating with American citizens. The law has drawn criticism as part of the George W. Bush administration's program of warrantless wiretapping, and Wyden has said he wants more information on how many Americans have been affected by its provisions. The law is also facing opposition in the Supreme Court, which heard legal arguments last week to determine whether opponents can move forward with their challenge of the law.