AccuWeather's Side of the Story

[David Farber <dave () farber net>]

Read the end and it still sounds like the NWB is restricted in how it  
can present the information. This is lots of noise and little help djf

Begin forwarded message:

From: Anthony Watson <atrigueiro () yahoo com>
Date: May 5, 2005 12:07:33 PM EDT
To: dave () farber net
Subject: AccuWeather's Side of the Story


Hello Mr. Farber:

Read about Santorum's Bill on your list.  I was recently on the  
Accuweather site and they had a link to their side of the story on  
this issue.  Thought you'd be interested.

Thanks,
AW

Pending Legislation Affecting the National Weather Service
Background

The National Weather Service (NWS) was created by an Act of Congress  
in 1890. Congress has been working for a decade to develop a new NWS  
governing policy.

Three bills are now being considered by Congress to restructure the  
National Oceanic and Atmospheric Administration (NOAA), which was  
created by Executive Order under President Nixon.

A bill drafted by NOAA and recently sent to Capitol Hill would create  
an Organic Act for NOAA and essentially dissolve the National Weather  
Service as a distinct agency and integrate it within NOAA, possibly  
as "NOAA's Weather Service," diluting its focus.

A second bill, HR 50, would also create an Organic Act for NOAA, and  
recognizes the National Weather Service as an agency within NOAA, but  
without a well-defined mission.

The third bill, S.786, introduced by Senator Santorum of  
Pennsylvania, would recognize and continue the National Weather  
Service as a distinct agency, revising and modernizing its 1890  
Organic Act.

The Santorum Bill Guarantees Unfettered Public Access

Of the three pieces of legislation now before Congress, the Santorum  
bill is the only bill that would guarantee unfettered public access  
to "all data, guidance, forecasts, and warnings received, collected,  
created, or prepared by NOAA or NWS." (Sec.2.(c)(1))

Additionally, it would continue the current methods of distribution  
of this information (1) through data portals for large volume users  
and (2) to the public using the methods as determined by the Commerce  
Department under existing federal law, including the Internet, as is  
now the case. (Sec.2.(c)(2))

Opponents of the bill have asserted that the under the bill, control  
of government data and information would be shifted to the Commercial  
Weather Industry and that citizens would have to pay twice for the  
data and information. This is false.

In fact, the Santorum bill is the only bill before Congress that  
specifically requires the data be released to the public in real time.

Without the Santorum bill, no one can point to a specific requirement  
in federal law that weather information be released to the public in  
real time. Nothing prevents the NWS or NOAA (if NWS is absorbed into  
NOAA) from bottling up the information, as it has done on various  
occasions, releasing some information and failing or refusing to  
release other information.

Santorum Bill Reestablishes NWS's Previously Existing Non-Compete Policy

The Santorum bill reestablishes the NWS's own non-competition policy,  
which NWS has had in effect, in one form or another, for over 55  
years. (Sec.2.(b))

That policy, repealed by NOAA in December 2004, has been the  
underlying support for the growth in the Commercial Weather Industry  
in the United States. That policy has led to free and widely  
available weather products and services for the public through all  
forms of media, including cable weather channels, television weather  
presenters, newspaper weather pages, radio weather personalities, and  
an explosion of private sector weather and portal web sites. It is  
estimated that 85 to 95 percent of the weather information reaching  
the public comes from the Commercial Weather Industry.

That policy is also what has led to the development of specialized  
weather services at reasonable prices tailored to the needs of  
business, industry, agriculture, transportation, emergency  
management, government and many other applications. These services  
have greatly enhanced the efficiency of weather-affected operations  
nationwide. It is estimated by the government that almost a third of  
the economy is affected by weather and the Commercial Weather  
Industry is the primary source relied on for weather information  
within that part of the economy.

In November 2004, the House and Senate, with bipartisan support,  
jointly adopted a position similar to S.786 in regard to non- 
competition in the provision of weather services. (Conference Report  
to H.R. 4818) The Santorum bill is also in line with the new national  
policy on space transportation which states that the government must  
"refrain from conducting activities with commercial applications that  
preclude, deter, or compete with U.S. commercial space transport  
activities..."

The Bill Requires NWS Information to be Fully Available to the Public

Some have attacked the Santorum bill with the argument that it would  
place control of federally collected data within the hands of the  
private sector and cause American citizens to have to pay twice for  
data, information and forecasts that the government collects and  
generates. This is false. The bill, for the first time in history,  
would legislatively require all NOAA/NWS information produced to be  
fully available to the public directly from the agency. (Sec.2.(c)(1))

In fact, the Santorum bill is the only bill pending that requires  
NOAA/NWS information to be "issued in real time, without delay, in a  
manner that ensures that all members of the public have opportunity  
for simultaneous and equal access." (Sec.2.(c)(1))

No such requirement currently exists and NOAA/NWS currently can, and  
sometimes does, delay and withhold information from the public and  
the Commercial Weather Industry, including the media. Among the  
information sometimes withheld are real-time snowfall accumulation  
reports, cooperative observer reports, hurricane reconnaissance  
reports, and other critical information. Withholding such information  
can endanger lives and property.

The Bill Provides for the Widest Possible Distribution of Information

Some have said the Santorum bill would prohibit information being  
made available on the Internet by government. This is false. The bill  
envisions the widest possible distribution and has no restriction  
relating to the Internet.

The Bill Causes the NWS to Focus on Its Core Mission of Saving Lives  
and Property

The Santorum bill requires the National Weather Service to focus on a  
core mission, including protection of the public through a mandated  
requirement of providing severe weather forecasts and warnings for  
the protection of life and property. (Sec.2.(a)(1))

The Bill Brings the NWS in Line with Federal Requirements for Other  
Agencies

Lastly, the Santorum bill brings NOAA/NWS into line with the rules  
that apply to other federal agencies, by requiring uniform release to  
the nation of "any weather data, information, guidance, forecast or  
warning that might influence or affect the market value of any  
product, service, commodity, tradable, or business...," and at the  
same time prohibiting individual government employees from providing  
specialized personal or "insider" agency information to some citizens  
and not to others. (Sec.2.(d))

This would, for example, prohibit NWS employees from providing  
information, except through full, timely public release, which might  
influence money and market transactions. Such employees are already  
prohibited from investing in weather futures by Commerce Department  
letter policy, because of these concerns.

The interests of the public and the Commercial Weather Industry are  
aligned on all of these issues.



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