July 18, 2012 (Senate Republicans block campaign disclosure bill)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, JULY 18, 2012

Three big events today: 1) Access to Capital and Telecom Policy Conference, 2) Digital Divide: Expanding Broadband Access to Small Businesses, and 3) What Facial Recognition Technology Means for Privacy and Civil Liberties see http://benton.org/calendar/2012-07-18/


ELECTIONS AND MEDIA
   Senate Republicans block campaign disclosure bill
   Yes, video of Obama belting out "I'm so in love with you" is fair use
   FCC Demos Online File-Posting Tool
   President Obama the online underdog
   Rush Limbaugh Suggests 'Dark Knight Rises' Villain 'Bane' A Deliberate Romney Reference
   Washington State will enable voter registration via Facebook [links to web]

TELEVISION/RADIO
   FCC Demos Online File-Posting Tool
   What’s Happening in Washington for Broadcasters [links to web]
   Nexstar Sues Time Warner Cable Over Imported Stations
   Obama Administration Says It Won't Ask For Rush Limbaugh To Be Pulled From Armed Forces Network
   The Rise of the “Connected Viewer” - research
   Is Cable TV Tuning In Its Own Obsolescence? - analysis
   House Subcommittee Proposes Zeroing Out Noncommercial Media Funding
   Don't touch that NPR dial
   DirecTV Finds Some Unlikely Friends
   Merlin lays off workers, changes FM News 101 to music station [links to web]
   Providence Nears TV Station Sale [links to web]

OWNERSHIP
   The "love story" of Disney and Comcast
   Vivendi to Compromise for EMI Deal
   Vodafone $10 Billion Dividend Quandary Draws Investor Ire [links to web]

INTERNET/BROADBAND
   Sens Reid, Kyl Close to Online Gambling Deal
   Chairman Bono Mack introduces bill to extend FTC's online fraud powers [links to web]
   SOPA Foes Launch What They Bill as Early Internet Threat Warning System [links to web]

CYBERSECURITY
   Sen Bingaman to push for expanded oversight of power grid in cybersecurity bill
   Sens. Lieberman, Collins press regulator on electric grid security
   Sen Wyden keeps quiet on backing Lieberman bill

CONTENT
   How the NBA dominates pro sports [links to web]
   If Content Really Is King, Then Madison Avenue's May Be Facing $3 Billion Digital Ransom
   Memo to DOJ: Drop the Apple E-Books Suit - op-ed

WIRELESS/SPECTRUM
   What’s the Future of the Wireless Spectrum?
   FCC: Bandwidth Relief Not In Sight
   Relocation of and Spectrum Sharing by Federal Government Stations — Technical Panel and Dispute Resolution Board - public notice
   When Apps Make You Lazy [links to web]

JOURNALISM
   The race is on to recast the newscast

GOVERNMENT & COMMUNICATIONS
   Covert FBI Power to Obtain Phone Data Faces Rare Test
   Trade Bill Takes Aim at Russian Net Censorship
   What Social Media Do Government Officials Use Most? [links to web]

EDUCATION
   To support ed tech, schools need to rethink budgets, infrastructure

HEALTH
   Physicians’ Experiences with EHR Adoption is Largely Positive - press release [links to web]
   What the healthcare ruling means for tech [links to web]

COMPANY NEWS
   Google Seals Its Reputation for Minting Tech Executives

AGENDA
   Telecommunications Leaders to be Honored for Promoting Public Interest, Diversity in Media - press release

STORIES FROM ABROAD
   Brussels takes issue with Windows 8
   Motorola Xoom Tablet Doesn't Infringe iPad, Says German Court [links to web]
   French anti-piracy chief: ‘punishment is not enough’ [links to web]
   Vivendi to Compromise for EMI Deal
   Mobile and fixed-line call volumes fall in UK [links to web]
   EU plan for research to hit publishers [links to web]
   Vodafone $10 Billion Dividend Quandary Draws Investor Ire [links to web]

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ELECTIONS AND MEDIA

GOP BLOCKS DISCLOSURE BILL
[SOURCE: Reuters, AUTHOR: Patrick Temple-West, Thomas Ferraro]
Senate Republicans blocked a bid by Democrats to require political fundraising groups to reveal their anonymous contributors who are fueling negative television advertisements ahead of the November election. By a 51-44 party line vote, supporters of the Disclose Act of 2012 fell short of the 60 votes needed to clear a Republican procedural hurdle. But Democrats promised to debate the bill late into the night and seek another vote, hoping to paint Republicans as thwarting transparency. "This is too important an issue to let it die quietly," said Sen Jeanne Shaheen (D-NH). Senate Minority Leader Mitch McConnell (R-KY) called the act a waste of time and said Democrats should instead try to remedy the ailing U.S. economy.
benton.org/node/129743 | Reuters
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FAIR USE
[SOURCE: ars technica, AUTHOR: Timothy Lee]
The music publisher BMG Rights Management appears to have used the DMCA takedown process to remove another video of the commander-in-chief belting out "I'm so in love with you." The video, one of many uploaded in the wake of an event at the Apollo Theater earlier this year, was made by YouTube user sNewsCast. When Ars clicked the "play" button from our Philadelphia office, we got the message "This video contains content from BMG_Rights_Management, who has blocked it in your country on copyright grounds." Two other videos of Obama's singing, uploaded by the Associated Press and ABC News respectively, have also become unavailable. They bear the message "the uploader has not made this video available in your country," making it unclear whether these videos were also removed on copyright grounds. Numerous other videos of Obama's rendition of Al Green's "Let's Stay Together" remain available on YouTube. Ars talked to Sherwin Siy, a copyright expert at the public interest group Public Knowledge, about the copyright issues raised by presidential renditions of copyrighted songs. Siy argued that the original Romney ad was "definitely" fair use given that it was "commentary and criticism and political speech." He said those were "core values of free speech."
benton.org/node/129740 | Ars Technica
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ONLINE UNDERDOG
[SOURCE: Politico, AUTHOR: Steve Friess]
President Barack Obama steps onto the campaign stage brimming with confidence and delivers the kind of rousing speeches made for TV ad sound bites. But that confident image disappears when the Obama campaign speaks to voters by email, sending messages that sound a lot more like they’re from a desperate underdog than an incumbent commander in chief. Just look at the subject lines: “This is potentially devastating.” “We could lose if this continues.” “Urgent.” “A big problem right now.” “I will be outspent.” “Take this seriously.” Anyone on the Obama For America mailing list might think the president is on the brink of a landslide ouster — or perhaps that he’s so needy he’s liable to do something drastic if you don’t fork over $3. While the messages are rooted in real-world fears that Republican Mitt Romney and his allied super PACs will outspend the incumbent president, they also create two discordant personae for the president that could pierce his famously self-assured image.
benton.org/node/129751 | Politico
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LIMBAUGH VS BATMAN
[SOURCE: The Huffington Post, AUTHOR: Peter Finocchiaro]
Just a day after opining that President Barack Obama "hates" America, Rush Limbaugh found a new target in the eagerly anticipated "Dark Knight Rises," which he suggested during his program on Tuesday was part of a liberal media conspiracy: “Have you heard this new movie, the Batman movie, what is it, The Dark Knight Lights Up or whatever the name is. That's right, Dark Knight Rises. Lights Up, same thing. Do you know the name of the villain in this movie? Bane. The villain in The Dark Knight Rises is named Bane, B-a-n-e. What is the name of the venture capital firm that Romney ran and around which there's now this make-believe controversy? Bain. The movie has been in the works for a long time. The release date's been known, summer 2012 for a long time. Do you think that it is accidental that the name of the really vicious fire breathing four eyed whatever it is villain in this movie is named Bane?”
benton.org/node/129752 | Huffington Post, The
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TELEVISION/RADIO

FCC DEMONSTRATES FILE-POSTING TOOL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Communications Commission walked the public and interested stakeholders -- those would include primarily broadcasters -- through the interface for the online database it has set up to make television station public files, including online political files accessible nationwide. The FCC is still working some bugs out -- Greg Elin, identified as the chief architect of the system, said some applications still don't work with Internet Explorer, though they do with Mozilla Firefox. Elin, who conducted the demonstration, said that the goal was to make it easy for stations to upload the info to the commission, as well as for the public to view it. One feature, he said, would be an "activity feed" that would show how recently stations had updated the file, which, in the case of online political files, could be daily.
benton.org/node/129709 | Broadcasting&Cable
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NEXSTAR SUES TWC
[SOURCE: AdWeek, AUTHOR: Katy Bachman]
Nexstar Broadcasting wasted no time in taking legal steps to stop Time Warner Cable from importing three of the TV group's stations to replace six of the Hearst TV stations the cable company was forced to black out when retransmission negotiations broke down. Nexstar sued Time Warner in U.S. District Court, northern district of Texas, alleging copyright infringement and breach of contract for importing its TV stations without permission. Nexstar is seeking a temporary restraining order and other injunctive relief. Hearst's 13 stations in 11 markets were forced off Time Warner Cable's systems in markets such as Portland, Maine, Kansas City and Cincinnati at midnight July 9 after negotiations over carriage fees failed. Time Warner turned around and imported Nexstar signals from other markets outside its cable systems to provide about half of its subscribers access to network programming. Nexstar cried foul.
benton.org/node/129742 | AdWeek
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OBAMA REJECTS LIMBAUGH PETITION
[SOURCE: The Huffington Post, AUTHOR: Max Rosenthal]
A petition to pull Rush Limbaugh from the lineup of the Armed Forces Network (AFN) received an Obama Administration response over the weekend, but one that likely disappointed opponents of the conservative radio host. The petition -- organized amid a debate over birth control coverage during which Limbaugh repeatedly called law student Sandra Fluke a "slut" -- said that Limbaugh's "abusive, divisive, insulting language," should not be aired on the government-run TV and radio network, which provides programming to American troops overseas. "We have a moral objection to our tax dollars being used for such a purpose," the petitioners wrote. "You should move immediately to cancel any further broadcast through government facilities of his venom." But the White House, which hosted the petition as part of its "We The People" website, seemed to disagree. In a statement that appeared below the appeal, Defense Department official Ryan G. Whitman wrote that "AFN does not censor content, and we believe it is important that service members have access to a variety of viewpoints."
benton.org/node/129735 | Huffington Post, The
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THE CONNECTED VIEWER
[SOURCE: Pew Internet & American Life Project, AUTHOR: Aaron Smith, Jan Lauren Boyles]
Half of all adult cell phone owners now incorporate their mobile devices into their television watching experiences. These “connected viewers” used their cell phones for a wide range of activities during the 30 days preceding our April 2012 survey:
38% of cell owners used their phone to keep themselves occupied during commercials or breaks in something they were watching
23% used their phone to exchange text messages with someone else who was watching the same program in a different location
22% used their phone to check whether something they heard on television was true
20% used their phone to visit a website that was mentioned on television
11% used their phone to see what other people were saying online about a program they were watching, and 11% posted their own comments online about a program they were watching using their mobile phone
6% used their phone to vote for a reality show contestant
Taken together, 52% of all cell owners are “connected viewers”—meaning they use their phones while watching television for at least one of these reasons. Other key differences that emerge in this research include:
Smartphone owners are far more likely to use their phones to engage with televised content than owners of more basic phones. Some 74% of smartphone owners are connected viewers, compared with just 27% of those with more basic phones.
African-American cell owners are more likely than whites or Latinos to use their phone to see what others are saying online and to post their own comments online about a program they are watching, as well as share text messages with someone else watching a program in a different location.
Cell owners living in households earning $50,000 per year or more are more likely to participate in interactive television experiences than those in households with lower annual incomes, and those with at least some college experience are more likely to do so than those who have not graduated high school. Additionally, urban residents are more likely to be connected viewers than those living in rural areas.
benton.org/node/129690 | Pew Internet & American Life Project
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CABLE TUNING IN ITS OWN OBSOLESCENCE
[SOURCE: ReadWriteWeb, AUTHOR: Brian Proffitt]
Cable television may be in for a rude awakening from the dream-like hold it has managed to keep over consumers all these years. Recent content provider disputes among DirecTV and Viacom, along with legal decisions allowing websites like Aereo to stream broadcast TV, are putting the industry’s revenue model in serious risk. Three factors are bringing this disruption to a head.
First is the increasing friction between cable companies and content providers.
The second is Aero -- it could do serious harm to broadcasters, who rely on cable affiliate fees to supplement advertising revenue. Cable providers could get hit, too, since customers may decide that they don’t need cable if they can watch and record broadcast TV shows without the big monthly bill.
And of course, it doesn’t help that consumers consistently say they hate their cable companies.
benton.org/node/129692 | ReadWriteWeb
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ANOTHER EFFORT TO END PUBLIC MEDIA
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Association of Public Television Stations weighed with their "deep disappointment" over yet another Republican-led effort to defund public broadcasting. It was reacting to the House Appropriations Subcommittee proposal to cut funding for the next two years and zero out funding in 2013. In the bill, which the committee released July 17, Corporation of Public Broadcasting (CPB) would lose its advance appropriations for 2015 -- budgeting is always two years ahead to try and insulate it from politics -- and would have its already-appropriated 2013 budget cut by $111.3 and its 2014 budget cut by essentially double that ($222.5 million) in the interests of "encouraging [the] CPB to operate exclusively on private funds." That would be a neat trick, since CPB's sole mission is to distribute the federal funding that makes up an average 15% of noncom stations budgets -- less for some stations, considerably more for others. Noncoms handle the private funding end via pledges, grants and sponsorships.
benton.org/node/129713 | Broadcasting&Cable | CPB
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NO NEW NPR PROGRAMS
[SOURCE: Chicago Tribune, AUTHOR: Steve Johnson]
For a confederation of supposed liberals, public radio can be awfully conservative. Ask someone to name a public radio show, any public radio show, and the chances are the answer will have been around during the Reagan administration: "A Prairie Home Companion," "All Things Considered," "Car Talk," "Fresh Air" ... Even "This American Life" and "Wait Wait ... Don't Tell Me!," the Chicago representatives and the perceived newbies in the public radio pantheon of hit and signature shows, were started 17 and 14 years ago, respectively. "Isn't that terrifying," said Peter Sagal, host of "Wait Wait." "That's nuts. Fourteen years it's been since a show has launched and become a national success?" This comes to mind not because it's pledge time again — although it surely is, somewhere — nor because, heaven forbid, a new show is threatening to enter that elite group of unquestionable superstars and needs to be written about right now. Instead, it arises because Garrison Keillor, the Sherwood Anderson and/or Jean Shepherd of the Upper Midwest, has once again feinted in the direction of removing listeners' "Prairie Home" companionship. And much more concretely, Tom and Ray Magliozzi will definitely, no kidding around, stop making new "Car Talk" episodes this fall.
benton.org/node/129684 | Chicago Tribune
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DIRECTV AND CABLE
[SOURCE: Wall Street Journal, AUTHOR: Shalini Ramachandran]
Several cable-TV operators have come out publicly supporting their satellite-TV rival DirecTV during its program-fee dispute with Viacom, adding that they don't intend to ramp up marketing to capitalize on the situation. In the past, some cable and satellite systems have swooped in to grab competitors' disgruntled customers during such blackouts -- but those efforts are less common nowadays, executives say. It seems the pay-TV industry has more to gain from resisting price increases than from exploiting the troubles of a besieged rival distributor.
benton.org/node/129764 | Wall Street Journal
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OWNERSHIP

DISNEY-COMCAST LOVE STORY
[SOURCE: Fortune, AUTHOR: Jennifer Reingold]
"Those were touching comments, a real love story from two oligopolists working together," said Glen Kacher, Founder of Light Street Capital Management at Fortune's Brainstorm Tech conference, toward the close of the panel The Future of Entertainment featuring Anne Sweeney, co-Chair of Disney Media Networks, and Neil Smit, President and CEO of Comcast Cable. His comment, snarky or not, pointed up the fight over content these days: is it under lock and key, accessible on any screen to everyone who pays for it, a la the January 2012 10-year content distribution deal between Comcast and Disney? Or are these two media executives simply fighting the last war, trying to keep content restricted when that no longer makes sense in this world of piracy and Megaupload? To hear Sweeney and Smit tell it, the deal they inked is really a sign of what's to come, and Swit himself said Comcast is open to similar partnerships.
benton.org/node/129693 | Fortune
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INTERNET/BROADBAND

ONLINE GAMBLING DEAL
[SOURCE: National Journal, AUTHOR: Juliana Gruenwald]
Senate Majority Leader Harry Reid (D-NV) and Senate Minority Whip Jon Kyl (R-AZ) are close to a deal on legislation to legalize online poker while tightening restrictions on other forms of Internet gaming and are seeking Republican support for the agreement, according to Sen Reid and a Democratic aide. "Here's the issue, Sen. Kyl and I've worked very hard. What we need to do is get some Republican support. That hasn't been forthcoming yet," Sen Reid said. He did not elaborate on where negotiations stand, but a Democratic aide said Sens Reid and Kyl are close to a deal and are now trying to solicit GOP support. The Democratic aide said Sen Reid is looking to his fellow Nevada senator, Dean Heller (R-NV) and Sen Kyl to sell the deal to other Republicans. Sen Kyl was one of the authors of a 2006 law that aimed to curb online gambling by barring banks, credit card companies and others from processing payments for online bets.
benton.org/node/129738 | National Journal
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CYBERSECURITY

OVERSIGHT OF POWER GRID
[SOURCE: The Hill, AUTHOR: Zack Colman]
Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-NM) announced he plans to offer legislation to increase federal oversight of the electric grid as an amendment to a larger cybersecurity bill. The bill, S. 1342, would give the Federal Energy Regulatory Commission (FERC) the ability to set and enforce cybersecurity measures for the power grid in emergency situations. “The current reliability system that has emerged is cumbersome and overly complicated,” Sen Bingaman said in opening remarks at a hearing. “When it comes to cyber attacks, I’m concerned that the current system is not adequate.” But whether the bill, which expands the powers of the FERC and the Department of Energy, will attract Republican support remains unclear.
benton.org/node/129718 | Hill, The | National Journal
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ELECTRIC GRID SECURITY
[SOURCE: The Hill, AUTHOR: Zack Colman]
In a move to heighten cybersecurity protections, two senators are pressuring the Federal Energy Regulatory Commission (FERC) to step up its enforcement of groups that oversee access to the electric grid’s computer systems. In a letter to FERC Chairman Jon Wellinghoff, Sens. Lieberman (I-CT) and Susan Collins (R-Maine) raised concerns with the digital certificates that verify an energy company’s access to the grid’s systems. The senators charged that the two “authorized certification authorities” who clear power firms or electronic devices seeking access to the electrical grid “may be failing to meet cybersecurity requirements.” Both authorities had been handing out certificates with a 30-year life span, which is 10 years more than FERC permits, they said in their letter.
benton.org/node/129717 | Hill, The
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WYDEN AND CYBERSECURITY BILL
[SOURCE: The Hill, AUTHOR: Jennifer Martinez]
Sen. Ron Wyden (D-OR) is still keeping mum about whether he will back cybersecurity legislation that the Senate is expected to consider at the end of the month. Sen Wyden has raised concerns about the information-sharing section of Sen. Joe Lieberman's (I-CT) cybersecurity bill, arguing that it would infringe on citizens' privacy rights. Sen Wyden led the fight against anti-piracy legislation that died earlier this year and has vowed to continue the same battle against any cybersecurity bill that threatens American's privacy online. Sen Wyden has been working with Lieberman and other co-sponsors of the bill to address his privacy concerns, and said those talks are still continuing. "I'm certainly not going to make any judgments at this point, but discussions are ongoing," Sen Wyden said. "I'll have more to say, but I'm not going to make any announcements about my position today." However, Sen Wyden said he is optimistic that stronger privacy protections will ultimately be included in the bill.
benton.org/node/129715 | Hill, The
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CONTENT

IS CONTENT KING?
[SOURCE: MediaPost, AUTHOR: Joe Mandese]
If content truly is king, then be prepared for Madison Avenue’s brand-generated content to be held for a $3 billion ransom. That’s what Douglas Wood, senior partner at Reed Smith, and the Association of National Advertisers' chief counsel more or less suggested will happen next year when the Hollywood talent unions -- SAG and AFTRA -- try to get their hooks into the kind of digital marketing content that is not currently classified as “advertising” or “commercials” and therefore does not fall under current contract provisions between Madison Avenue and its commercial talent pool. Wood threw the $3 billion number out there, suggesting it might be the contractual value of some testy negotiations he anticipates taking place between the ad industry and the Hollywood unions.
benton.org/node/129702 | MediaPost
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APPLE E-BOOK SUIT
[SOURCE: Wall Street Journal, AUTHOR: Sen Charles Schumer (D-NY)]
[Commentary] Recently the Department of Justice filed suit against Apple and major publishers, alleging that they colluded to raise prices in the digital books market. While the claim sounds plausible on its face, the suit could wipe out the publishing industry as we know it, making it much harder for young authors to get published. The suit will restore Amazon to the dominant position atop the e-books market it occupied for years before competition arrived in the form of Apple. If that happens, consumers will be forced to accept whatever prices Amazon sets. The e-books marketplace provides a perfect example of the challenges traditional industries face in adapting to the Internet economy. Amazon took an early lead in e-book sales, capturing 90% of the retail market. Because of its large product catalog, Amazon could afford to sell e-books below cost. This model may have served Amazon well, but it put publishers and authors at a distinct disadvantage as they continued to try to market paper books and pave a way forward for a digital future. Without viable retail competitors, publishers were forced to make a Hobson's choice. They could allow their books to be sold at the prices Amazon set, thus undercutting their own current hardcopy sales and the future pricing expectations for digital books—or stay out of the e-books market entirely. In an increasingly digital age, the latter was simply not an option.
As our economy transitions to digital platforms, we should be celebrating and supporting industries that find ways to adapt and grow. By developing a pricing model that made e-book sales work for them, publishers did just that. I am concerned that the mere filing of this lawsuit has empowered monopolists and hurt innovators. I believe it will have a deterrent effect not only on publishers but on other industries that are coming up with creative ways to grow and adapt to the Internet. The Administration needs to reassess its prosecution priorities. Justice Department officials currently have comprehensive guidelines in place to determine when they should challenge mergers, but they have no such guidelines for non-merger investigations. It's time to come up with some. These new guidelines should take a broad, pragmatic view of the market as a whole. As the e-books case shows, this kind of perspective is sorely missing today.
benton.org/node/129767 | Wall Street Journal
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WIRELESS/SPECTRUM

WHAT’S THE FUTURE OF THE WIRELESS SPECTRUM?
[SOURCE: Government Technology, AUTHOR: Sarah Rich]
The Federal Communications Commission initiated a brainstorming session with industry experts on July 16 about the future of wireless spectrum. FCC Chairman Julius Genachowski introduced the forum where a series of panelists spoke about various topics related to spectrum allocation and data usage. Genachowski said U.S. industry is on track to roll out the 4G Long-Term Evolution (LTE) download speed standard at scale — and that unlicensed spectrum is expected to be made available soon. However, significant challenges lie ahead, he said. The increasing amount of data consumed by mobile devices is forcing the FCC to think about how to apportion spectrum blocks in these changing times, and what rules will govern how the public and private entities use it. The U.S. and the rest of the world are shifting away from using voice networks in favor of data networks, which are more data-intensive and thus require more spectrum.
benton.org/node/129700 | Government Technology
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NO BANDWIDTH RELIEF IN SIGHT
[SOURCE: MediaPost, AUTHOR: Mark Walsh]
Don’t expect mobile bandwidth to get much better in the next 10 years. That was the bottom-line message from Federal Communications Commissioner Robert McDowell during a talk at the Interactive Advertising Bureau’s Mobile Marketplace. “I don’t anticipate any major chunks of spectrum getting into the hands of consumers for the better part of a decade,” said Commissioner McDowell, in an on-stage interview with Kevin Conroy, president of Univision Interactive Media. Earlier this year, Congress passed legislation to set aside a chunk of unlicensed spectrum for wireless broadband by auctioning off broadcast spectrum. It would allow the FCC to conduct “incentive” auctions, which would give TV stations that voluntarily gave up spectrum a piece of the auction proceeds. TV station group owners have opposed the measure as unlawful and contrary to the public interest. The initiative, which would free up an estimated 80 megahertz for mobile broadband, would provide a framework that would allow two or more TV stations to share a single 6-MHz channel. But Commissioner McDowell questioned the willingness of stations to go along with that plan. “I’m a little less optimistic we'll actually see results like that," he said. He also emphasized the complexity of the TV spectrum would make the process even more difficult than usual, comparing it to “three-level chess.” In the first phase, a “reverse auction" -- in which multiple stations will compete to sell spectrum to the FCC -- those that want to turn over some or all of their spectrum can seek the price they want, but without any guarantee they'll get it. If two or more stations in a market offer to sell spectrum, the FCC would be able to choose the lowest price. Then, in a regular “forward auction,” the FCC will resell the frequencies to wireless operators bidding for airwaves.
benton.org/node/129699 | MediaPost
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SPECTUM SHARING NPRM
[SOURCE: National Telecommunications and Information Administration]
The National Telecommunications and Information Administration (NTIA) proposes to adopt regulations governing the Technical Panel and dispute resolution boards established by Congress to facilitate the relocation of, and spectrum sharing with, U.S. Government stations in spectrum bands reallocated from Federal use to non-Federal use or to shared use. This action is necessary to ensure the timely relocation of Federal entities’ spectrum-related operations and, where applicable, the timely implementation of arrangements for the sharing of radio frequencies. Specifically, this action would implement certain additions and modifications to the NTIA Organization Act through the recent enactment of the Middle Class Tax Relief and Job Creation Act of 2012.
Submit comments on or before August 1, 2012.
benton.org/node/129697 | National Telecommunications and Information Administration
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JOURNALISM

RECASTING THE NEWS
[SOURCE: Columbia Journalism Review, AUTHOR: Sang Ngo]
While the big three networks struggle to adapt to the world of mobile, on-demand delivery, a number of experiments are under way that seek to redefine the form and delivery of Web-based video journalism, and in the process to reinvent the newscast for the 21st century. Some major print outlets are among the most committed of these video pioneers, as they try to turn their readers into viewers. Travel guides, live sportscasts, Google+ Hangouts—the near-future of the professionally produced newscast looks like a potato-sack race to an uncertain destination, in which the hoped-for prize is higher ad rates and greater audience engagement. The common hurdles for these efforts—whether on a tablet, a smartphone, or the Web—are how to produce video of sufficiently high quality at relatively low costs (compared with network TV), and how to habituate people to watching news in these novel ways. It’s a Cannonball Run to the future of video journalism. The winner gets the audience demographic that needs to Google that reference.
benton.org/node/129688 | Columbia Journalism Review
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GOVERNMENT & COMMUNICATIONS

PHONE COMPANY VS FBI
[SOURCE: Wall Street Journal, AUTHOR: Jennifer Valentino-Devries]
Early last year, the Federal Bureau of Investigation sent a secret letter to a phone company demanding that it turn over customer records for an investigation. The phone company then did something almost unheard of: It fought the letter in court. The U.S. Department of Justice fired back with a serious accusation. It filed a civil complaint claiming that the company, by not handing over its files, was interfering "with the United States' sovereign interests" in national security. The legal clash represents a rare and significant test of an investigative tool strengthened by the USA Patriot Act, the counterterrorism law enacted after the attacks of Sept. 11, 2001. The case is shrouded in secrecy. The person at the company who received the government's request—known as a "national security letter," or NSL—is legally barred from acknowledging the case, or even the letter's existence, to almost anyone but company lawyers. "This is the most important national-security-letter case" in years, said Stephen Vladeck, a professor and expert on terrorism law at the American University Washington College of Law. "It raises a question Congress has been trying to answer: How do you protect the First Amendment rights of an NSL recipient at the same time as you protect the government's interest in secrecy?"
benton.org/node/129769 | Wall Street Journal
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TRADE BILL TARGETS RUSSIA
[SOURCE: National Journal, AUTHOR: Juliana Gruenwald]
The Senate Finance Committee is set to take up legislation that includes language targeting Russian efforts to censor the Internet. Senate Finance International Trade Subcommittee Chairman Ron Wyden (D-OR) has included language in a bill to grant Russia permanent normal trade relations with the United that would require the U.S. Trade Representative to conduct an annual report to identify any actions Russia has taken to restrict access to U.S. digital goods and services, such as barring access to a U.S. website like YouTube. The report called for in the trade bill would be released along with the USTR's annual Special 301 report assessing the efforts undertaken by foreign governments to protect U.S. intellectual property. That report has a "name and shame" aspect to it and often spurs countries to do more to protect intellectual property. Supporters of Wyden's language say they are hoping for the same result when it comes to Russia's treatment of U.S. digital goods and services.
benton.org/node/129737 | National Journal
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EDUCATION

SCHOOL BUDGETS AND INFRASTRUCTURE
[SOURCE: eSchool News, AUTHOR: Raishay Lin]
As schools seek to provide more interactive, engaging, and personalized learning, newly released survey results reveal they need to radically rethink their budgets and infrastructure to support this new learning model. Two-thirds of students want to use technology more often in their classrooms, and 76 percent of IT staff said faculty members show increasing interest in implementing educational technology. But 87 percent of IT professionals said they would need to upgrade their infrastructure before they can incorporate much more technology in their classrooms, and almost nine in 10 faculty members anticipate problems moving away from the traditional lecture model.
benton.org/node/129706 | eSchool News
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COMPANY NEWS

GOOGLE EXECS
[SOURCE: Wall Street Journal, AUTHOR: Amir Efrati]
Longtime Google executive Marissa Mayer's appointment as Yahoo's new chief executive fits squarely into a recent pattern: "Googlers" who were recruited to lead other Internet companies. In the eyes of some Silicon Valley observers, the Yahoo pick cements Google's reputation as a developer and launch pad for managers in the technology industry, the type of role General Electric Co. has played for American industrial businesses. "Google has worked itself into that same position" as GE, said Marc Andreessen, a Silicon Valley venture capitalist who sits on the boards of Facebook, Hewlett-Packard, eBay and other companies. Andreessen said Google's "track record of innovation," plus the fact "there aren't a lot of Internet companies running at scale," means Google's executive bench is full of candidates to run consumer-oriented tech companies.
benton.org/node/129765 | Wall Street Journal
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AGENDA

TELECOMMUNICATIONS LEADERS TO BE HONORED FOR PROMOTING PUBLIC INTEREST, DIVERSITY IN MEDIA
[SOURCE: United Church of Christ’s Office of Communication, AUTHOR: Press release]
The United Church of Christ’s Office of Communication Inc. today announced the honorees it will recognize at the 30th Annual Everett C. Parker Ethics in Telecommunications Lecture and Breakfast on September 25, 2012:
Charles Benton, chairman of the board of the Benton Foundation, will receive the Everett C. Parker Award in recognition of his many years of leadership and support for promoting the public interest in traditional and digital media.
S. Jenell Trigg, chair of the Intellectual Property and New Media and Technology Practice Group of the law firm of Lerman Senter PLLC, will receive the Donald H. McGannon Award in recognition of her work to promote opportunities in telecommunications media for women and persons of color.
OC Inc., the media justice advocacy arm of the United Church of Christ, previously announced that the Rev. Jesse L. Jackson Sr. will deliver this year’s Parker Lecture, the only lecture in the country that examines telecommunications in the digital age from an ethical perspective. The annual Parker Lecture and Awards event was created in 1981 to recognize the Rev. Dr. Everett C. Parker’s pioneering work as an advocate for the public interest in broadcasting. This year’s Parker Lecture will be held at 8 a.m. on September 25 at First Congregational United Church of Christ, 945 G Street NW in Washington, DC.
benton.org/node/129733 | United Church of Christ’s Office of Communication
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STORIES FROM ABROAD

BRUSSELS TAKES ISSUE WITH WINDOWS 8
[SOURCE: Financial Times, AUTHOR: Alex Barker, Richard Waters]
Brussels is investigating allegations that Microsoft’s flagship Windows 8 operating system will unlawfully stifle competition, resurrecting the antitrust troubles that tormented the US group for more than a decade. Joaquín Almunia, the European Union’s competition commissioner, threatened the US software giant with “severe” penalties for flouting a 2009 antitrust settlement that required it to offer consumers a choice of web browsers. But, according to officials involved, the European Commission’s formal investigation goes beyond this compliance matter to cover allegations about Windows 8, the forthcoming system that marks Microsoft’s attempt to fight back against Apple in the tablet market. The probe is examining whether Microsoft unfairly favors its own in-house browser Internet Explorer, through discouraging PC makers from making rival browsers the default in Windows 8 and blocking non-default browsers from access to the interface. In addition, the commission is examining claims that Microsoft stifles competition by only allowing Internet Explorer to be installed on tablet devices running its version of Windows 8 on low-power ARM processors.
benton.org/node/129720 | Financial Times | Bloomberg | Reuters | WSJ | LATimes | ars technica | ComputerWorld | GigaOm
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VIVENDI COMPROMISES
[SOURCE: Wall Street Journal, AUTHOR: Vanessa Mock, Ethan Smith]
Universal Music Group is preparing to offer major concessions to European antitrust regulators as it seeks approval for its proposed $1.9 billion acquisition of EMI Music. The music giant appeared to stumble in its efforts to win support for its deal from smaller, independent rivals. Barclays PLC analyst Julien Roch predicted in a report that Universal would need to sell 50% of EMI Music at a steep discount, which the bank estimated would amount to €200 million ($246 million). Universal is also looking to satisfy demands by independent music labels that it reduce its power in the digital-music market.
benton.org/node/129763 | Wall Street Journal
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