Feb 3, 2010 (More stories from around the globe)

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BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY FEBRUARY 3, 2010

Citizens United v FEC decision remain on agenda today http://bit.ly/9mztu9

GOVERNMENT & COMMUNICATIONS
   Google's China Syndrome
   Senator seeks information on U.S. tech companies in China
   Hearing to examine Google, China and the Internet

BUDGET
   Stimulus: Secret sequel in the budget | CPB Will Work To Restore Infrastructure, Program Cuts | FY11 budget plan folds ed tech into new program | White House wants $78 million for ONC next year | Cybersecurity budget request is smaller, but adequate, says DHS official | $50 Million Budget for Integrated E-Gov | White House IT budget request lower in 2011

INTERNET
   New regulatory battle brewing over ISP classification
   Addressing the Next Wave of Internet Regulation: The Case For Equal Opportunity
   FCC Authority To Fund Universal Broadband Service Initiatives
   Pushing to Bring TV to the Internet
   Over-the-top video can be telco TV friend, not killer

THE STIMULUS
   BIP Round Two Application Guide
   ACA: New Stimulus Rules Are Not Fair and Balanced
   Mississippi Partners With Mapping Firm BroadMap

TELECOM/WIRELESS
   VoIP Gaining Ground, So Where Will Legacy Voice Make Its Last Stand?
   Mobile Industry Dances Toward Consolidation
   The $10 billion fight over phone lines rages on
   FCC Releases New Telephone Subscribership Report
   Orange, T-Mobile Deal a Competition Threat, UK Says

MEDIA OWNERSHIP
   Consumer groups: Comcast-NBC is a horizontal merger that hurts viewers, Internet users
   NBC Affiliates Seek Clear, Enforceable Conditions On Comcast/NBCU

ELECTIONS AND MEDIA
   Campaign Legal Center Wants FCC to Insure Access to Airwaves by Candidates
   Kerry Calls For Constitutional Amendment To Reverse Supremes

JOURNALISM
   Some News Outlets Ready to Try Charging Online Readers | Newspaper Web Site Traffic Slips | On State of the Union Week, It's All About Obama

CONTENT
   The Amazon-Macmillan book saga heralds publishing's progress
   Mark Cuban Tells Media "Google Is a Vampire"

STORIES FROM ABROAD
   Internet uprising overturns Australian censorship law
   EU Telecoms Regulator Starts Work
   In Europe, Challenges for Google
   Haitian regulator issues extra spectrum to cellco to help relief efforts
   Pressure mounts to phase out Internet Explorer 6
   UK Police unit set up to combat terrorist websites
   4G handset to be demonstrated this month
   Brazil mulls plans for government-owned ISP
   Dark fibre access assured in New Zealand fibre bid
   Google 'sister' launches in China
   International partners, competitors react to iPad launch
   Italy Set to Extend TV Rules to Web Videos
   Text messages and mapping tools are helping victims of Haiti earthquake

MORE ONLINE
Obama's Tech Team | Study links excessive Internet use to depression | Online gamers set for consolidation wave in 2010 | New Gig For Ex-NAB CEO

Recent Comments:
Krugman Trashes Fox News: 'Deliberate Misinformation'
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GOVERNMENT & COMMUNICATIONS

GOOGLE'S CHINA SYNDROME
[SOURCE: Financial Times, AUTHOR: Thomas Hazlett]
[Commentary] What seems like a revolutionary departure from your father's capitalism is, in fact, just another spin cycle in the machine of creative destruction. Google's business model takes the rich, voluminous private information in search or email and creates the most profitable audiences on the planet. Advertisers flock. But what they bid to buy depends critically on banker's trust. The extraordinary success of the search giant, now valued at about $190 billion and accounting for over two-thirds of global net searches, operates in the shadow of its virtual plaque: Don't Be Evil. Only when customers believe that slogan will the company's audiences - and revenues - be secure. This vault is more important than the bank's. Dollars stolen can be insured and replaced. Confidentiality breeched cannot be restored. Which takes us to China and its frontal threat to Don't Be Evil. Markets are not always conquered as easily as with the construction of a better database or an ad-free Search Page. The Chinese Government does not endorse free speech, and asserts sovereignty over Internet content. By establishing a physical presence in the country, with Google.cn in 2006, the company conceded a compromise. Google.cn searches were censored, and Google cooperated in the effort. Better to communicate some information to China's citizens than none at all. Confusion reigns over tactics and motives. Google is an extraordinary entrepreneurial foray, nested in profit and loss. Many, even Ken Auletta, in his insight-filled biography of Google, misconstrue the nature of their incentives. Google's founders, who viscerally disdained web advertising as an assault on the user, came to embrace it when the market showed them the money. This sex change operation was driven by practicality, the search for a funding mechanism. This is benign to Auletta, contrasting it with the "crass commercialism" of Bill Gates' dream for a computer on every desk. Mr. Gates of World's Greatest Philanthropist fame? Google's withdrawal from China is a tack to keep their search engine open and their database closed. Their corporate soul merits protection. It is a metaphysical construct that has cash value. Supporting it is not selling-out - it's just selling. And that's a good thing. Trust me.
benton.org/node/31867 | Financial Times
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DURBIN SEEKS INFO FROM US COMPANIES IN CHINA
[SOURCE: Associated Press, AUTHOR: ]
Sen Dick Durbin (D-IL) is asking 30 leading technology, Internet and communications companies to provide detailed descriptions of their operations and human rights practices in China. The companies include Apple, Facebook, Twitter, AT&T, Amazon.com and eBay. In letters sent to the companies Tuesday, Sen Durbin seeks information about their business in China and their plans for protecting human rights, free speech and privacy there.
benton.org/node/31866 | Associated Press
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HEARING TO EXAMINE GOOGLE, CHINA, INTERNET
[SOURCE: The Hill, AUTHOR: Kim Hart]
Sen. Byron Dorgan (D-ND) and Rep. Sander Levin (D-Mi) will hold a hearing next week to examine China's Internet policy in light of recent cyber attacks aimed at Google and human rights activists. Sen Dorgan chairs the Congressional-Executive Commission on China, which monitors human rights and the development of commercial law in China. The hearing, to be held Wed., Feb. 10, will also address free expression and intellectual property protection. The Congressional-Executive Commission on China consists of nine Senators, nine House members and five senior administration officials.
benton.org/node/31836 | Hill, The | Commission on China
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BUDGET

STIMULUS: SECRET SEQUEL IN THE BUDGET
[SOURCE: CNNMoney.com, AUTHOR: Tami Luhby]
President Barack Obama's budget proposal wants to extend the life of several Recovery Act provisions by building them into the federal budget. By including the provisions in the federal spending plan, the administration is able to keep the Recovery Act alive without having to pass a separate measure, which will likely spark a lot of controversy. As long as they make it into the fiscal 2011 budget, they will be allowed to continue in the future despite a promised cap in federal spending. The administration wants to build on the stimulus-fueled spending for infrastructure, which it believes is a great way to create jobs. The budget would add $418 million to the $7.2 billion in the Recovery Act to expand broadband services to rural communities.
benton.org/node/31864 | CNNMoney.com
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CPB WILL WORK TO RESTORE INFRASTRUCTURE, PROGRAM CUTS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Corporation for Public Broadcasting has added its voice to the noncommercial broadcasters concerned with some cuts in the president's proposed 2011 budget released Monday (Feb. 1). In a letter to "colleagues," CPB President Pat Harrison said she was grateful for the appropriation noncommercial stations did get, including the two-year forward funding that helps insure editorial independence, but she was concerned about the effort to zero out about $25 million in "critical infrastructure" grants currently funded through the Departments of Commerce and Education, as well as to cut the funding to the Ready To Learn and Ready To Teach programs. Harrison said the former two programs provide "the primary source for telecommunications infrastructure assistance for public radio and television stations, particularly in under-served rural areas" and help rural stations expand their digital services, the latter in a world where expanding digital offerings is considered one of the prices of admission to full participation in the media's future. The latter two were programs funded through the Department of Education to provide basic reading skills to low-income children. Together, the programs were funded at $38 million in 2010.
benton.org/node/31863 | Broadcasting&Cable | CPB
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FY11 BUDGET PLAN FOLDS ED TECH INTO NEW PROGRAM
[SOURCE: eSchool News, AUTHOR: Laura Devaney]
President Barack Obama's proposed budget for fiscal year 2011 calls for sweeping changes to programs within the Department of Education, including a restructuring of federal education technology grants. Under Obama's budget plan, the Enhancing Education Through Technology (EETT) program -- the largest single source of federal funding for school technology hardware, software, and professional development -- would be consolidated along with several other grant programs into a new initiative called Effective Teaching and Learning for a Complete Education. This new initiative would focus on improving teaching and learning within three areas: Literacy, STEM (science, technology, engineering, and math), and Well-Rounded Education (arts, foreign languages, civics and government, history, geography, economics, financial literacy, and other subjects). According to Dept of Education officials, the new initiative would "include a focus on integrating technology into instruction and using technology to drive improvements in teaching and learning" throughout all three areas. Most of the money would be awarded through competitive grants to state and local education agencies, but Dept of Education also would set aside money for national activities, such as grants to support research and technical assistance, grants to "strengthen the use of technology in the core academic subjects"; and a competitive grant program to encourage the development of "high-quality digital educational content for children." The three components of the Effective Teaching and Learning initiative would receive a combined $1.015 billion in FY11 funding under the president's proposal, an increase of $95 million over what the programs that make up this new initiative received in FY10. But it's unclear from the plan how much of this $1.015 billion would be spent on education technology in particular.
benton.org/node/31862 | eSchool News
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$78 MILLION FOR HIT COORDINATOR
[SOURCE: GovernemntHealthIT, AUTHOR: Mary Mosquera]
The Obama administration asked for $78 million to run the Office of the National Coordinator in its fiscal 2011 budget released yesterday, a $17 million bump-up from last year's budget for the health IT office. The 28 percent boost was an exception to more modest increases for agencies and programs associated with health IT. The administration requested $81 billion for the Health and Human Services Department ­ a $2.3 billion increase over last year. That excludes entitlements such as Medicare as well as funding for health IT incentives included in last year's American Recovery and Reinvestment Act. ONC has been shepherding grant programs fueled by $2 billion in ARRA funds to assist healthcare providers deploy EHRs. The HHS budget will build on that. In delivering the budget, HHS Secretary Kathleen Sebelius remarked that the health IT was essential for modernizing the healthcare system. "The increase will enable ONC to lead and coordinate federal health IT efforts while implementing and evaluating Recovery Act health IT programs," she said. HHS also proposed $80 million of its budget for the Health Resources and Services Administration to expand health IT adoption in community health centers, which often serve people who are under-insured or have no health insurance.
benton.org/node/31861 | GovernemntHealthIT | HealthcareITNews
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CYBERSECURITY BUDGET REQUEST SMALLER
[SOURCE: nextgov, AUTHOR: Jill Aitoro]
Despite President Obama's request for a slight decrease in cybersecurity spending for fiscal 2011, the budget is enough "to move the ball forward" and will emphasize preventing and responding to cyberattacks rather than tracking down where they originate, Greg Schaffer, assistant secretary for cybersecurity and communications at the Homeland Security Department said Tuesday. The president's request for $866 million to protect computer networks and data for fiscal 2011 is nearly a 4 percent decrease from fiscal 2010. Of the total, $379 million will be allocated to DHS' National Cyber Security Division to limit vulnerabilities in the .com and .gov domains -- a slight increase from the $355 million Obama requested in fiscal 2010. Of that, $162 million would not be obligated to the division until the Senate and House appropriations committees approve a plan for the program's goals, milestones and planned expenses.
benton.org/node/31860 | nextgov
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BUDGET FOR E-GOV
[SOURCE: nextgov, AUTHOR: Aliya Sternstein]
President Obama reinforced his call to modernize government by asking Congress to spend tens of millions of dollars over three years on governmentwide innovations. The fiscal 2011 budget creates a $50 million account for the "integrated, efficient and effective uses of information technology." Acceptable uses of the money include governmentwide shared IT resources, consolidated and energy-efficient platforms, IT security services and architectural assistance to make agency IT systems talk to each other better. The Office of Management and Budget would control the pool of money from 2011 through Sept. 2013. The fiscal move reflects a new attitude toward federal IT. Throughout his first year in office, Obama has pulled together a team of high-ranking officials, from senior advisers to deputy secretaries, who are depending on IT to improve how the government delivers services and formulates policies.
benton.org/node/31859 | nextgov
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LOWER IT BUDGET
[SOURCE: FederalNewsRadio, AUTHOR: Jason Miller]
The White House is proposing increasing technology spending by about $900 million in fiscal 2011, only a 1.2 percent uptick over the fiscal 2010 request. But overall, the administration's IT budget request would be a decrease of 1.6 percent over the 2010 enacted funding of $80.6 billion. This is in sharp contrast to the previous decade which saw significant increases, including some double digit boosts in the 2000s. To help make up for the small increase, OMB is proposing to centralize non-military technology services across the government. What seems like shades of the Bush administration's lines of business or e-government initiatives, the Obama White House will focus on cloud computing, data center consolidations and other IT services. The Bush administration implemented shared services around human resources, cybersecurity, financial management and other areas. These efforts continue.
benton.org/node/31858 | FederalNewsRadio
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INTERNET

NEW REGULATORY BATTLE BREWING OVER ISP CLASSIFICATION
[SOURCE: ars technica, AUTHOR: Matthew Lasar]
A specter is haunting the Internet, the specter of Title II of the Communications Act—the section that regulates telecommunications common carriers and might eventually be used by the FCC to oversee broadband. "Exactly what kind of companies might get tangled up into this regulatory Rubik's Cube?" worriedly asked FCC Commissioner Robert M. McDowell during a talk he gave to the Free State Foundation on Friday. "Any Internet company that offers a voice application?" McDowell fretted. "With this newfound authority, why stop at voice apps? Isn't voice just another type of data app? As the distinction between network operators and application providers continues to blur at an eye-popping rate, how will the government be able to keep up?" Over here at Ars, we're trying to keep up ourselves as the legal war over the FCC's authority to invoke open Internet rules seems poised to take a decisive legal shift—from a debate not just over the agency's authority to regulate the Net, but over whether it can be classified as a common carrier service. Clearly McDowell doesn't like this idea, but arguably it has been forced upon the open Internet movement. Here's why, and a preview of what the debate will look like for the foreseeable future.
benton.org/node/31857 | Ars Technica
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THE NEXT WAVE OF INTERNET REGULATION
[SOURCE: Georgetown Center for Business and Public Policy, AUTHOR: Robert Hahn, Robert Litan, Hal Singer]
In October 2009, the Federal Communications Commission released a Notice of Proposed Rule Making in which it asked for guidance on how to convert a principle of "nondiscrimination on the Internet" into a practical rule for broadband service providers. The ultimate formulation of the nondiscrimination principle could have a significant economic effect on economic welfare in the short term and on innovation. In this paper, we explain the economics of discrimination and offer a new approach for identifying anticompetitive discrimination. Discrimination raises concerns when it interferes with what is often referred to as "equality of opportunity." However, the Commission's proposed nondiscrimination policy, which would limit the ability of service providers and content providers to contract on terms that (1) are mutually agreeable to both parties, (2) are available to all prospective consumers, and (3) do not impose significantly externalities on third parties, is inimical to promoting equality of opportunity. Moreover, given the two-sided nature of the Internet access market, a blanket rule forbidding broadband service providers from offering quality of service to content providers (and charging for it) would likely harm endusers and certain content providers. [Robert Hahn is Senior Visiting Fellow at the Smith School, University of Oxford and Senior Fellow at the Georgetown Center for Business and Public Policy. Robert Litan is Vice President for Research and Policy at the Kauffman Foundation and Senior Fellow in Economic Studies at the Brookings Institution. Hal Singer is President and Managing Partner, Empiris, LLC and Adjunct Professor at Georgetown McDonough School of Business.]
benton.org/node/31856 | Georgetown Center for Business and Public Policy
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FCC BROADBAND AUTHORITY
[SOURCE: AT&T, AUTHOR: ]
AT&T filed a white paper on the Federal Communications Commission's authority to refocus its existing universal service programs to support broadband infrastructure and services. AT&T's paper suggests the FCC has authority under 47 U.S.C. § 254 and Title I of the Communications Act, 47 U.S.C. § 151 et seq., to fund broadband Internet access deployment and subscribership using universal service.
benton.org/node/31855 | AT&T
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PUSHING TO BRING TV TO THE INTERNET
[SOURCE: Wall Street Journal, AUTHOR: Ethan Smith]
A small start-up is trying to do what many in Hollywood and Silicon Valley have so far been unable to do: take Internet video from its YouTube origins to a full-fledged television service with dozens of channels. "We have video on the Web," says Roxanne Austin, chief executive of Move Networks and a former president of DirecTV. "We don't have television on the Web." Austin's 100-person company, which is based in American Fork, Utah, has raised more than $67 million from some prominent backers that include Microsoft, Comcast and Walt Disney's venture-capital arm. But like past efforts by larger companies, including Microsoft and Motorola Inc., to offer Internet-delivered television, it faces obstacles, not least of which is getting content owners to sign on. "The technology is good enough this can happen," says Boyd Peterson, an analyst at Grail Research. "Now it comes down to the business case."
benton.org/node/31870 | Wall Street Journal
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OVER-THE-TOP VIDEO
[SOURCE: Connected Planet, AUTHOR: Sarah Reedy]
Most pay TV provider won't admit that video cord-cutting has affected their business. But, for most, it has ­ or it soon will. Those consumers mulling cutting the cord typically have an over-the-top video service in mind as the alternative, but that's no reason for pay TV providers to fear content riding over-the-top of their networks. According to The Diffusion Group founding partner Michael Reason, pay TV providers should embrace OTC and find a way to incorporate it into their offerings. Speaking at TDG's pre-conference to the Over-the-Top Video Conference yesterday, Reason explained that pay TV providers might label cord cutting as churn, but they don't like to acknowledge it in any magnitude. And they are justified for the most part, because cord cutting is minor today, Reason said. It is, however, significant that the number of broadband households without any pay TV has doubled since early 2009. According to TDG's latest research, 13% of households do not have any pay TV service, up from only 6.9% in early 2009. TDG's also found that 8.4% of pay TV subscribers are likely to cancel their service altogether at some time in the next six months. From its surveys, TDG's identified four types of consumers ­ replacers, supplementers, OTC optimals and non-OTC consumers. The replacers are those likely to do away with their pay TV service entirely in favor of OTC broadband. Supplementers might keep their pay TV service, but they will augment it with an OTC offering. OTC optimals could do both ­ they are interested in replacing and supplementing their pay TV service with an OTC video service at different price points. Non-OTC consumers aren't interested in either route.
benton.org/node/31845 | Connected Planet
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THE STIMULUS

BIP ROUND TWO APPLICATION GUIDE
[SOURCE: Rural Utilities Service, AUTHOR: ]
The Department of Agriculture's Rural Utilities Service has released an application guide for its second and last round of broadband stimulus funding. The guide provides general information about the program, highlights tips for a successful application, and explains important details about specific application requirements. The guide follows the sequence of application requirements in the Easygrants application system. The guide consists of two main parts: General Information - Provides background information, project and applicant eligibility requirements, definitions of key terms, evaluation (scoring) criteria, and submission guidelines. Application Instructions - Provides detailed instructions for completing your application in the Easygrants online application system.
benton.org/node/31853 | Rural Utilities Service | ConnectedPlanet
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ACA: NEW STIMULUS RULES NOT FAIR
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Small and mid-sized cable operators are not happy with the new guidelines in the second round of bidding for broadband stimulus bucks, with the American Cable Association arguing that the guidelines essentially cut them out of meaningful participation in the stimulus project. In a letter to the heads of the National Telecommunications & Information Administration and Rural Utilities Service, which are handing out the billions in broadband bucks, ACA President Matt Polka said that the new guidelines "extinguish any hope for small cable operators to use broadband stimulus funds to build out last-mile facilities." Of the 80 ACA members (less than 10% of membership) who applied in the first round of funding, only one received it, according to Polka, suggesting the odds for success could be worse, not better, this time around.
benton.org/node/31850 | Broadcasting&Cable
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MISSISSIPPI AND BROADBAND MAPPING
[SOURCE: BroadbandBreakfast.com, AUTHOR: ]
Mississippi's Office of the Governor and broadband mapping firm BroadMap have announced that they plan to work together to collect and verify the availability, speed and location of high-speed Internet access across the state. Mississippi is working with BroadMap, the nonprofit One Economy Corporation and with assistance from public policy firm New America Foundation to develop a map enabling state residents and businesses to better understand their options related to broadband. The National Telecommunications and Information Administration recently awarded Mississippi approximately $2 million in grants for broadband mapping and related strategy.
benton.org/node/31854 | BroadbandBreakfast.com
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TELECOM/WIRELESS

WHERE WILL LEGACY VOICE MAKE LAST STAND?
[SOURCE: GigaOm, AUTHOR: Stacey Higginbotham]
[Commentary] Voice over Internet Protocol penetration among U.S. businesses will increase rapidly over the next few years, reaching 79 percent by 2013, compared to 42 percent at the end of 2009, according to research out today from analyst firm In-Stat. At this point I wonder what market demographic represents the last stand for legacy circuit switched voice. Will it be consumer landlines or will it be mobile voice over 3G networks? Current telephone networks are gradually being phased out as the world moves to IP communications. Right now in the U.S. only 78 percent of consumer homes have a landline and only 22 percent rely on them exclusively. In the next three years I imagine both numbers will be much lower, which is why the FCC is looking at how to support broadband access (which is necessary for IP telephony) for all. In the mobile world, legacy voice will stick around for a while longer. Even though the next-generation Long Term Evolution networks will support voice, it's still unclear how carriers will manage voice calls over the all-IP LTE network. Plus, the existing 3G and even 2G networks will still be around delivering voice calls, so legacy voice is still going to rule on mobile phones.
benton.org/node/31847 | GigaOm
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MOBILE INDUSTRY CONSOLIDATING?
[SOURCE: GigaOm, AUTHOR: Colin Gibbs]
Rumors of a tie-up between Leap Wireless and rival MetroPCS are flying again following yesterday's report in the Wall Street Journal that Leap is seeking a buyer. But will Leap strike a deal with MetroPCS before T-Mobile USA finds a partner in what looks to be a coming wave of carrier consolidation? The U.S. wireless market has striated into first-, second- and third-tier carriers, and AT&T and Verizon Wireless continue to increase their leads over the rest of the field. The saturated market leaves little hope for Sprint and T-Mobile to turn things around in terms of subscriber adds, plus T-Mobile is in a sticky position when it comes to having enough spectrum and the funds to acquire more for next-generation wireless technologies. In the meantime, there's pressure from prepaid carriers attacking from below and high fees paid to other telecommunications players for Sprint's and T-Mobile's mobile backhaul that's cutting into profits and revenue.
benton.org/node/31846 | GigaOm | Connected Planet
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ORANGE, T-MOBILE DEAL A COMPETITION THREAT
[SOURCE: Bloomberg, AUTHOR: Matthew Campbell]
UK authorities asked to investigate the merger of France Telecom SA and Deutsche Telekom AG's British units, saying the deal may significantly "affect competition" in the country. The Office of Fair Trading asked the European Commission, which has authority over the merger, to transfer the case to the UK. Consumer groups and competitors Telefonica SA and Hutchison Whampoa Ltd. pushed for a U.K. review of the deal, which would create the country's largest mobile operator with about 43 percent of subscriptions. Since 2004 the OFT has made four requests to take over an EU merger case, later withdrawing one, according to the regulator.
benton.org/node/31865 | Bloomberg
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MEDIA OWNERSHIP

COMCAST-NBC IS A HORIZONTAL MERGER
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
Mark Cooper will represent consumers in two hearings this Thursday on Comcast and NBC Universal's proposed $30 billion merger. And the way the veteran consumer advocate sees the deal, television viewers and Internet users aren't going to end up the better from it. Cooper, director of research at the Consumer Federation of America, points out that Comcast and NBC Universal have significant business lines that do overlap. To him, that makes the deal a horizontal merger with much greater competition concerns. "This is a hugely complicated deal and Justice has to look at all the aspects, including the many horizontal aspects that will take away competition if this merger is approved," he said. "The fact that they keep saying it's a vertical merger is to confuse you."
benton.org/node/31852 | Washington Post
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NBC AFFILS QUESTION COMCAST-NBC DEAL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
NBC affiliates say they are cautiously optimistic that the merger of Comcast and NBCU can "strengthen and extend" their ability to serve up free services to the public, but not without clear and enforceable conditions that define and enforce Comcast's stated commitment to them. One of those, they said, needs to be strong, structural separation between affiliate relations and retransmission consent negotiations, so that the combined company would not be able to force the affiliates to "accept unfavorable affiliation agreement provisions to obtain market-based retransmission consent payments." Michael Fiorile, chair of the NBC TV Affiliates Board, will testify at a House hearing Thursday and he's likely to highlight the following concerns:
1) The migration of NBC network content to cable properties or the under-nourishing of NBC network programming in favor of investments in cable channel fare: "The disappearance of popular news, sports, and entertainment programming from the NBC network would be unacceptably harmful."
2) Comcast could bypass the affiliates via a cable or Internet VOD model.
3) The combined company could use its leverage to "undermine affiliates' ability to negotiate fair retransmission consent agreements." On that score, Fiorile had a condition to propose: "We tentatively believe that a strong set of structural separation requirements for the subsidiaries of Comcast that will negotiate retransmission consent agreements and those that will administer the network's relations with affiliates can permit the combination to go forward."
benton.org/node/31851 | Broadcasting&Cable
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ELECTIONS AND MEDIA

CLC WANTS FCC TO INSURE CANDIDATE ACCESS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
In advance of Tuesday's (Feb. 2) hearing on the Supreme Court's decision in the Citizen's United vs. Federal Election Commission case, the Campaign Legal Center has recommended some legislative responses, including getting the FCC to insure access to airwaves by candidates as part of the public interest obligations of the digital age. The hearing is in the Senate Rules Committee, which is chaired by Senator Charles Schumer (D-NY), who was fiercely critical of the decision two weeks ago in which the Supreme Court ruled that corporations and unions can use direct treasury funds to pay for campaign ads on cable, broadcast or satellite. In a letter to Schumer, the group, which supported the FEC with two amicus briefs, said it was critical that Congress move swiftly to "mitigate the damage." Among its suggestions are to strengthen the definition of coordinated vs. independent expenditures and give candidates more access to the "publicly-owned airwaves" by making the lowest unit rate provision "meaningful."
benton.org/node/31849 | Broadcasting&Cable
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KERRY CALLS FOR CONSTITUTIONAL AMENDMENT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Senate Communications Subcommittee Chairman John Kerry (D-MA) says there needs to be a constitutional amendment indicating that corporations don't have the same free speech rights as individuals. That came in a Senate Rules Committee hearing Tuesday (Feb. 2) with the rather loaded title: "Corporate America vs. The Voter: Examining the Supreme Court's Decision to Allow Unlimited Corporate Spending In Elections." At the hearing, committee Chairman Charles Schumer (D-NY) launched an effort to stem a potential new flood of corporate campaign ad money to broadcast and cable outlets. Sen Kerry said it would take some time to craft that amendment, and in the meantime the committee should pass various bills that have been introduced to tighten up disclosure and disclaimer rules and give shareholders more say in corporate campaign speech. Kerry's call for a constitutional amendment was seconded by Senator Tom Udall (D-NM), who also said he planned to introduce legislation in the Senate calling for a complete overhaul of the campaign finance system. Sen Kerry also put in a request for free airtime for candidates, and a number of Senators brought up the issue of lowest unit rates.
benton.org/node/31848 | Broadcasting&Cable
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STORIES FROM ABROAD
   Internet uprising overturns Australian censorship law

INTERNET UPRISING OVERTURNS AUSTRALIAN CENSORSHIP LAW
[SOURCE: ars technica, AUTHOR: Nate Anderson]
The state of South Australia has a new election law that went into effect January 6, and its effect was shocking: anonymous political speech on the Internet was simply destroyed. The law required anyone posting a political comment online during an election period to supply their real name and address or face a fine of up to AUS$1,250. The measure was grossly discriminatory—it applied only to bloggers and commenters, not to online "journals" (newspapers or magazine which are written by Real Journalists). Politicians had apparently developed a thin skin to anonymous commentary, some of which no doubt did devolve into rank defamation, but Australia already has defamation laws that could be used against truly egregious material. Ending online anonymous speech was an extreme solution, one not appreciated by the targets of the law.
benton.org/node/31833 | Ars Technica
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EU TELECOMS SUPER-REGULATOR STARTS WORK
[SOURCE: ZDNet UK, AUTHOR: David Meyer]
A new pan-European telecommunications regulatory body, which will help set the agenda for broadband access and mobile communications, has begun work. The Body of European Regulators for Electronic Communications (Berec), created last year in the Telecoms Reform package, met on Thursday to elect a chairman. The group is currently based in Brussels, while it decides on a permanent home. Its remit is to advise the European Commission on telecoms regulation such as next-generation broadband access (NGA), net neutrality and universal service obligations. Berec's establishment was "an important milestone for telecoms in Europe", outgoing information society and media commissioner Viviane Reding said. (Jan 29)
benton.org/node/31832 | ZDNet UK
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IN EUROPE, CHALLENGES FOR GOOGLE
[SOURCE: New York Times, AUTHOR: Eric Pranner]
Google has a problem in China. But it may have bigger headaches in Europe. On issues as varied as privacy, copyright protection and the dominance of Google's Internet search engine, the company is clashing with lawmakers, regulators and consumer advocates. And the fights are escalating across Western Europe. The stakes are high — potentially higher for Google than anything that happens in China — because Google's operations in Europe are so much larger and more lucrative. In Britain alone, Google has roughly 10 times its estimated sales in China. Across most of the Continent, Google is by far the most popular search engine, with a substantially larger market share over its rivals than it has over those in the United States. Google's border-straddling scale and its brash ambitions raise alarms with some European politicians. (Feb 1)
benton.org/node/31831 | New York Times
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HAITIAN REGULATOR ISSUES EXTRA SPECTRUM TO CELLCO TO HELP RELIEF EFFORTS
[SOURCE: TeleGeography, AUTHOR: ]
Haitian telecoms regulator Conatel has granted 12MHz of additional spectrum in the 850MHz band to local mobile operator Comcel (Voila) to help with relief efforts in the wake of the devastating earthquake last month.
benton.org/node/31830 | TeleGeography
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PRESSURE MOUNTS TO PHASE OUT INTERNET EXPLORER 6
[SOURCE: BBC News, AUTHOR: ]
A Downing Street petition is calling for the UK government to drop Microsoft's Internet Explorer 6 (IE6) and move to a more modern browser. The petition says that IE6 has security flaws and uses outdated technology, creating a burden for developers. The petition comes as the Department of Health advised the NHS to move away from the old browser. Other government departments - and many firms - still use the software, which was first released in 2001. A campaign in the US, called ie6nomore, is supported by more than 70 web firms and claims the software is "holding the web back." Microsoft has released two more versions of its web browser since IE6, but some firms and government departments still use systems that require it.
benton.org/node/31829 | BBC News
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POLICE UNIT SET UP TO COMBAT TERRORIST WEBSITES
[SOURCE: ZDNet UK, AUTHOR: Matthew Broersma]
The UK Association of Chief Police Officers has created a new unit devoted to tackling terrorism activity online, accompanied by a Directgov portal for people to report suspected terrorist websites. The new team, part of Acpo's anti-terrorism Prevent Delivery Unit, can demand that material be removed or websites be taken down if they provide information that could be useful to terrorists or glorify acts of terrorism. The police gained the powers to do this in the Terrorism Act 2006. The team is part of a government scheme, announced by the Home Office on Monday, that will respond to reports from the public as well as actively seek out illegal material and work with industry.
benton.org/node/31828 | ZDNet UK
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4G HANDSET TO BE DEMONSTRATED THIS MONTH
[SOURCE: ZDNet UK, AUTHOR: Matthew Broersma]
NTT DoCoMo is to demonstrate a prototype handset based on the high-speed wireless data technology LTE later this month, according to the Japanese mobile operator's handset partner, NEC. NEC said on Monday that NTT will demonstrate the handset receiving streaming high-resolution video across an LTE network at Mobile World Congress, which kicks off on 15 February in Barcelona. According to NEC, the handset uses an LTE chipset that was developed by Fujitsu, NEC, NTT DoCoMo and Panasonic, and first sampled in October. LTE, the 'long-term evolution of 3G', is the successor to HSDPA and is roughly 10 times faster, providing theoretical downlink speeds of at least 100Mbps and a theoretical uplink of at least 50Mbps. The technology was designed to reduce latency in data transmission and improve the efficiency of frequency usage, making it more suitable than 3G for services such as streaming HD video, video conferencing and online gaming.
benton.org/node/31827 | ZDNet UK
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BRAZIL MULLS PLANS FOR USD10.7BN GOVERNMENT-OWNED ISP
[SOURCE: TeleGeography, AUTHOR: ]
Brazil's government is considering plans to establish a state-backed vehicle to provide broadband Internet access services in the country at a cost of up to BRL20 billion (USD10.7 billion). Targeting underserved and remote rural areas, the new company would be called InfoBrasil. A study is being drawn up to consider options for the move and the details will be presented to President Luis Inacio Lula da Silva on 10 February. Brazil is actively developing a national broadband plan that aims to realize a total of 90 million broadband connections by 2014, reaching around half of Brazilian homes. (Feb 1)
benton.org/node/31825 | TeleGeography | BNamericas
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DARK FIBER ACCESS ASSURED IN NZRFG FIBER BID
[SOURCE: ComputerWorld, AUTHOR: Rob O'Neill Auckland]
The New Zealand government may have hit the jackpot in its efforts to build an open access ultrafast broadband network, with the infrastructure companies bidding for the project offering access to unlit or dark fiber as well as planning a national network of lit fiber. The government's stated preference is for open access to dark fibre (Later 1), which would allow users to light their own fibre and use it in any way they please. It would also reduce the cost of network services. The New Zealand Regional Fibre Group (NZRFG) and Vector are offering access to lit fibre (Layer 2) in their bids for a piece of the $1.5 billion ultrafast broadband network project. However, Neil Simmonds, the CEO of NZRFG member Counties Power, says while the group is working together to create a Layer 2 lit network, that is not exclusive. Other providers will be able to light fibre too. (Feb 3)
benton.org/node/31824 | ComputerWorld
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GOOGLE "SISTER" LAUNCHES IN CHINA
[SOURCE: BBC News, AUTHOR: ]
A new search engine and social network provider called Goojje has appeared online in China. The site contains very similar branding to Google, and the final syllable "jje" sounds similar to the Mandarin word for older sister (jiejie). Goojje's search results appear to be filtered for sensitive content in accordance with Chinese regulations. Google has recently objected to those restrictions, but the new site appears to be urging it to remain in China. (Jan 27)
benton.org/node/31823 | BBC News | Goojje
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INTERNATIONAL PARTNERS, COMPETITORS REACT TO IPAD LAUNCH
[SOURCE: VentureBeat, AUTHOR: Julien Blin]
While most carriers and handset vendors in Europe and other international markets have yet to comment on the Apple's introduction of the iPad, here is a quick summary of some carriers and handset vendors' early reactions. 1) Fujitsu may sue over the iPad name. 2) O2 UK gives the iPad a thumbs up. 3) T-Mobile and Vodafone don't comment. 4) Australian carriers are mixed. 5) Nokia, a future competitor in the tablet PC market? Not so fast. 6) Carphone Warehouse eager to retail the iPad in the UK. (Jan 28)
benton.org/node/31822 | VentureBeat
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ITALY SET TO EXTEND TV RULES TO WEB
[SOURCE: Wall Street Journal, AUTHOR: Stacy Meichtry, Giada Zampano]
Italy's government is forging ahead with plans to extend TV-broadcasting regulations to Web sites that host videos, marking one of the most sweeping attempts by a Western government to tighten control over the use of video on the Internet. The draft decree, expected to take effect early this month, would force sites such as Google Inc.'s YouTube to operate more like traditional TV broadcasters within Italian borders. It seeks to "establish a principle," Paolo Romani, Italy's deputy minister of communications, said in an interview. "If you use copyrighted material, your site becomes an editorial product, a broadcaster that is placed at the same level as other broadcasters." Under the proposed rules, sites would have to gain permission to host copyrighted videos, such as TV programs, that users often post on sites like YouTube. They would also be required to obtain broadcasting licenses from Mr. Romani's office, and would become liable for any libelous material in posted videos. Infringements could lead to fines and lawsuits for libel and copyright infringement.
benton.org/node/31869 | Wall Street Journal
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TECH HELPS HAITI RESPONSE
[SOURCE: Forbes, AUTHOR: Brady Forrest]
Geeks and technologists around the world are creating tools to help earthquake victims in Haiti. These tools are focused around gathering and mapping the data, and broadcasting it to the relief workers on the ground. When the news of the earthquake broke, several groups and companies sprang into action very quickly. Ushahidi, a portal originally built to track election violence in Kenya, created Haiti.Ushahidi.com. The site, developed by Patrick Meier, director of crisis mapping at Ushahidi, tracks incidents, search and rescue operations and people in Haiti.
benton.org/node/31840 | Forbes.com
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