April 2008

Google optimistic regulators won't bar Yahoo

Apparently, Google believes regulators would not bar a potential business deal with Yahoo Inc because it would be "non-exclusive" and falls short of an outright merger. Yahoo is exploring alternatives to Microsoft Corp's $42.7 billion takeover offer, which the Web pioneer has rejected for being too low. The U.S. Justice Department is questioning the companies about potential competitive issues raised by a partnership, sources said this week, as Yahoo completed a two-week test of Google's system for selling ads alongside Yahoo's own Web search results. Google believes such a partnership would not be anti-competitive because it would be an arrangement in which Yahoo would use Google's more profitable search advertising platform to make more money for itself. A deal would be no different from partnerships Google has with other Web companies including Time Warner Inc's AOL and IAC/InterActiveCorp.
http://www.reuters.com/article/internetNews/idUSN2543490820080425

Report clears adviser's role in wireless auction

An investigation has cleared Cyren Call, a for-profit adviser of any blame for tripping up U.S. government plans to create a wireless network that could be shared with emergency workers. The Federal Communications Commission's inspector general said on Friday the evidence did not support concerns that the company advising public safety groups had scared away bidders from meeting a $1.3 billion price for the airwaves. "Rather, the many layers of uncertainty and risk, and the growing prospect of high network costs... were responsible for potential bidders' decisions not to bid," said the report by FCC Inspector General Kent Nilsson. Lack of bidder interest in the public safety spectrum was the lone failure in an otherwise successful 700-megahertz auction that raised over $19 billion by the time it ended in March. The FCC is now studying plans to re-auction the public safety airwaves known as the D-block. Gigi B. Sohn, president and co-founder of Public Knowledge, said, "[T]his narrow investigation showed that the D-block auction was fatally flawed by terms and conditions set both by the Commission and by the public safety community. The controversial $50 million lease payments suggested by the public-safety community to potential bidders were only one factor. While the Inspector General found that none of this was against the rules, the conclusion needs to be drawn that the auction was doomed to failure. The Commission should take a more active role in future auctions to make certain public safety receives the spectrum it deserves."
http://www.reuters.com/article/internetNews/idUSN2537614020080425

McCain says N.C. Republicans out of touch over ad

Republican U.S. presidential candidate John McCain (R-AZ) accused North Carolina's Republican Party of being "out of touch with reality" over its refusal to pull an advertisement criticizing Sen Barack Obama (D-IL). In an NBC interview aired on Friday, Sen McCain said he has done all he can to persuade the state party to cancel the television ad that criticizes Sen Obama as "too extreme" because of controversial remarks made by his former pastor, the Rev. Jeremiah Wright. "They're not listening to me because they're out of touch with reality and the Republican Party. We are the party of Abraham Lincoln, Theodore Roosevelt and Ronald Reagan and this kind of campaigning is unacceptable," Sen McCain told NBC's "Today" Show. "I've done everything that I can to repudiate and to see that this kind of campaigning does not continue," he added.
http://www.reuters.com/article/politicsNews/idUSN2429689820080425

Clinton Earns Points for Pennsylvania Tactics

Sen. Hillary Clinton (D-NY) may have been outspent, but she wasn't outgunned, according to some Pennsylvania advertising executives. While many said that separating advertising impact from other factors (such as debate performance and the "bitter" controversy) is impossible, they gave credit to Sen Clinton for doing a better job at targeting and using the resources she did have and ultimately rendering Sen. Barack Obama's (D-IL) ads largely ineffective. "As a creative director, I loved the look of Obama's ads and posters, but what Hillary got right is she got her message down to the most basic thought," said Steve Red, president and chief creative officer of Red Tettemer in Philadelphia. Mr. Red is an Obama supporter. He said the message she got across is "I am going to help the common man." He said Sen Obama's campaign was "definitely hurt" by the Illinois senator's performance in an ABC News debate last week, but added that Sen Obama's biggest problem was not adequately countering Sen Clinton's "one of the boys" message.
http://adage.com/article?article_id=126642

Big Loser in Pennsylvania Primary: Cable News Networks

If you thought the never-ending Democratic primary match was bruising Sens. Hillary "Rocky" Clinton and Barack Obama, consider the damage to any polish that may have remained on the news media's reputation. Anyone watching the cable news channels last week while Pennsylvania results came in saw pundits maniacally extol the importance of the night. An Obama win could knock Clinton from the race! A Clinton victory margin above 10% could really change the dynamics of the race! Instead her entirely expected win, by roughly 10%, was just enough to render all the chatter ... pointless. All the "cliffhangers" are starting to look the same: tame.
http://adage.com/mediaworks/article?article_id=126656

Martin's 75-Cent Solution

As the Bush Administration nears its end, so too is the FCC chairmanship of Kevin Martin. He seems determined to influence how cable operators and their program suppliers go about providing some 64.7 million homes with video channels dedicated to an assortment of news, sports and entertainment. Earlier this month, he floated a new idea he hopes will reverse the trend of rising cable prices: Allow cable operators to eject from expanded basic service — the most widely purchased cable programming tier — any channel that charges wholesale license-fee rates of 75 cents or more per subscriber, per month. Martin’s 75-cent plan is rooted in a rulemaking proposal the FCC adopted last September, which asked whether the agency has the authority to require programmers to allow pay TV distributors to purchase every channel at wholesale on an a la carte basis. The agency’s vote was the fruit of a five-year effort by small cable operators to get the FCC to focus on wholesale program tying and bundling practices. Small cable operators in particular want to break up expanded basic to provide consumers with more choice.
http://www.multichannel.com/article/CA6555289.html?nid=4262

AT&T: We don't throttle P2P traffic

AT&T on Friday denied using forged reset packets to interfere with network connections of Vuze file-sharing platform users, as Comcast has been accused of doing with BitTorrent traffic. The statement came in response to a report released earlier this week by Vuze, which offers a BitTorrent-based client primarily used for distributing video. The start-up has asked the Federal Communications Commission to impose regulations prohibiting broadband operators from blocking or degrading peer-to-peer traffic. Vuze's report claimed to document the median reset rates experienced by more than 1,200 "autonomous system numbers," which are unique identifiers for individual IP networks and routers, as monitored using a plug-in Vuze began offering last month. (It tracks all possible network interruptions, not just ones related to the Vuze platform.) According to Vuze's data, a number of Comcast connections recorded the most frequent interruptions, but the top 20 highest reset rates also included users with Cablevision, BellSouth (an AT&T property), and AOL subscriptions. Vuze said it planned to ask those Internet service providers to be more transparent about the cause of those reset packets and disclose whether they are using a "false reset message" technique. Meanwhile, it filed its preliminary report with the FCC, acknowledging that its results weren't definitive and that the documented disruptions could have occurred for a multitude of reasons. AT&T bit back on Friday, denying using "false reset messages" to manage its network and arguing that Vuze's measurements were "misleading."
http://www.news.com/8301-10784_3-9929158-7.html?tag=nefd.top

FBI's Net surveillance proposal raises privacy, legal concerns

During a House of Representatives Judiciary Committee hearing, the FBI's Robert Mueller and Rep. Darrell Issa (D-CA) sketched out a far-reaching plan for warrantless surveillance of the Internet. Step 1 involves asking Internet service providers to open their networks to the FBI voluntarily; step 2 would be a federal law forcing companies to do just that. On Step 1, Rep Issa suggested that Internet providers could get "consent from every single person who signed up to operate under their auspices" for federal police to monitor network traffic for attempts to steal personal information and national secrets. Mueller said "legislation has to be developed" for "some omnibus search capability, utilizing filters that would identify the illegal activity as it comes through and give us the ability to pre-empt" it. These are remarkable statements. The clearest reading of them points to deep packet inspection of network traffic--akin to the measures Comcast took against BitTorrent and to what Phorm in the United Kingdom has done, in terms of advertising--plus additional processing to detect and thwart any "illegal activity." (See the complete transcript here.) "That's very troubling," said Greg Nojeim, director of the project on freedom, security, and technology at the Center for Democracy and Technology. "It could be an effort to achieve, through unknowing consent, permission to monitor communications in a way that would otherwise be prohibited by law."
http://www.news.com/8301-13578_3-9929085-38.html?tag=nefd.top

The Public and Broadcasting

In its recent Report on Broadcast Localism and Notice of Proposed Rulemaking, the Commission concluded that the record in the localism proceeding (MB Docket No. 04-233) revealed a substantial need for greater public understanding of broadcaster obligations, and of the procedures by which the Commission enforces those obligations. The Commission expressed its desire to better educate members of the public about the tools available to them, should they believe that their local broadcast stations are not fulfilling their service obligations. To that end, the Commission directed the Media Bureau to update "," a publication that all broadcasters must maintain in their public inspection files. The Commission also stated that it would establish a contact point within the agency for public inquiries about broadcast matters. In response to these Commission directives, today, the Media Bureau has released an updated version of "." Including links to places on the FCC's website that offer additional relevant information as to the matters discussed, this publication provides an overview of the FCC's regulation of broadcast radio and television licensees, describes how broadcast stations are authorized, and explains the various rules and policies relating to broadcast programming and operations with which stations must comply, including the obligation to serve their local communities. It also explains how members of the public can become involved in assessing whether local broadcast stations are complying with these requirements. The publication is also intended to make the public aware of FCC procedures and the tools at their disposal, in the event that they conclude that any of their local stations do not meet these responsibilities.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-940A1.doc

http://www.fcc.gov/mb/audio/decdoc/public_and_broadcasting.html

EarthLink To Shut Down New Orleans' Municipal Wi-Fi

New Orleans is about to lose its municipal Wi-Fi network as EarthLink plans to halt its participation in the citywide project on May 18, an EarthLink spokesman said Friday. The Internet service provider had tried a three-pronged approach before it decided to terminate the network, said Chris Marshall, EarthLink's VP of corporate communications. First, EarthLink tried to sell the network outright. Second, it sought to transfer ownership of the network to the city of New Orleans. Finally, it tried to transfer the network to a third party. All three approaches failed.
http://www.informationweek.com/news/mobility/muni/showArticle.jhtml;jses...