March 2009

The Federal Communications Commission is seeking public comment on how it should implement the Broadband Data Improvement Act (BDIA). The law impose new broadband data collection and reporting obligations on the Commission by requiring the Commission to include an international comparison in its annual broadband report and to conduct a consumer survey of broadband service capability.

The FCC asks that commenters file comments on or before April 10; reply comments are due April 17, 2009.



FCC Seeks Input on International Comparison and Consumer Survey Requirements in the Broadband Data Improvement Act

The Federal Communications Commission is seeking public comment on how it should implement the Broadband Data Improvement Act (BDIA). The law imposes new broadband data collection and reporting obligations on the Commission by requiring the Commission to include an international comparison in its annual broadband report and to conduct a consumer survey of broadband service capability. The FCC invites parties to comment on:

1) how it can effectively implement the international comparison of broadband service capability, including speeds and prices;

2) the criteria for the identification and selection of the communities to be included in the survey;

3) the enumerated indicators in the Act for the identification of "relevant similarities and differences in each community" as well as any additional indicators that commenters seek to propose;

4) all possible sources of data that the Commission should examine; and

5) any other factors or issues the Commission should consider.

The FCC asks that commenters file comments on or before April 10; reply comments are due April 17, 2009.

Chicago dailies tell different bankruptcy stories

All our Big Media is bankrupt. Chicago's two dailies are operating under bankruptcy court protection, but under different circumstances. Their paths to bankruptcy court are familiar. The print-based franchises of the Chicago Sun-Times and the Chicago Tribune had been eroding for years, as traditional newspaper audiences —and the advertisers that target them — switched to cheaper online alternatives. Then the industry, like many other sectors, got socked by the credit crisis, the recession and the financial turmoil of late last year. To combat the triple-whammy of declining readership, falling advertising revenue and a lackluster financial climate, both papers cut staff and other costs. It wasn't enough. Tribune Co. filed for bankruptcy protection in December, followed little more than three months later by Sun-Times, the fifth major newspaper publisher in the nation in recent months to seek court protection from its creditors. That's where the similarities end. For starters, Sun-Times is losing money — $14 million a quarter on average for the first three quarters of last year. That's eating into a cash cushion that stood on Sept. 30 at just $100 million. A $21-million payment earlier this year to settle a dispute with a Canadian company sucked out more cash. Tribune, by contrast, makes money, and plenty of it. A recent bankruptcy filing showed its net cash influx for the month of January was just north of $200 million. Its biggest creditors are J. P. Morgan Chase & Co. and other banks that loaned Sam Zell the $8 billion he needed to take Tribune private in December 2007. While Tribune generates enough money to cover its operational costs, the sudden decline in ad revenue that began shortly after Mr. Zell's purchase meant it no longer had enough to pay the banks, too.

Tech spending may fall more in '09 than post-dotcom

Global information technology spending will fare worse in 2009 than during the dotcom bubble collapse of 2001, industry research firm Gartner said on Tuesday in cutting earlier projections. Gartner expects spending on hardware, software, services and telecommunications to fall 3.8 percent to $3.2 trillion this year, compared with forecasts of an increase just three months ago and reversing a solid pace of growth for 2008. The anticipated decline would also be worse than the 2.1 percent drop in 2001. A worsening global recession is discouraging corporations and consumers from spending to get the latest in technology, eroding revenue for companies from chip maker Intel Corp to computer vendor Dell. Many analysts say they do not expect a turnaround until late 2009 or 2010. The US stimulus package is unlikely to affect growth or employment before 2010, Gartner said. Hence, it expects IT spending to rebound modestly in 2010, rising more than 2 percent, but to accelerate to 5 percent growth in 2011.

Hutchison's DTV concerns raised at NAB Conf

Brian Hendricks, legislative counsel to Sen Kay Bailey Hutchison (R-TX) spoke at the National Association of Broadcasters State Leadership Conference on Tuesday reporting "a couple of things" that concern her about the current state of the DTV transition, including that broadcasters weren't compensated for some of their costs in moving the transition date. Apparently Sen Hutchison, the Ranking Member on the Senate Commerce Committee, had hoped that the economic stimulus package that set aside $650 million for the coupon program and DTV education would have included some compensation for broadcasters who had to pay to keep their transmitters running that extra time. Sen Hutchison is also concerned the Senate Commerce Committee has not had a DTV oversight hearing yet. The House held its DTV oversight hearing last week.

Senate Commerce Committee Not Looking to Make Retrans Consent Part of SHVERA

Speaking at the National Association of Broadcasters State Leadership Conference, Senate Commerce Committee senior legal counsel Jessica Rosenworcel said the Committee is not looking to make retransmission consent reform part of the review of the Satellite Home Viewer Extension and Reathorization Act (SHVERA). "If you are in the course of retransmission consent negotiations and a significant number of broadcasters decide to pull their signals," she told a crowd of broadcasters Tuesday. "it will heighten the level of attention this issue gets on Capitol Hill if viewers are caught in the crossfire of [disagreements] that may be very legitimate that broadcasters are having with video programming providers."

Public Stations Push Envelope to Prosper

A Q&A with new Association of Public Television Stations CEO Larry Sidman. For more than a decade, Sidman has represented APTS on Capitol Hill and before the FCC and other regulatory agencies as an attorney/lobbyist with Paul, Hastings, Janofsky & Walker. He knows the ins and outs of public broadcasting and its Washington issues. He describes an expansive role for public TV stations that may take them deeper into local news and public affairs and makes the case for $300 million in extra federal funding to offset shortfalls in state and private sources.

Verizon, AT&T May Tell U.S. to Keep $7.2 Billion Stimulus Money

Verizon and AT&T may not apply to broadband stimulus funds. Unlike the businesses that welcomed the $787 billion American Recovery and Reinvestment Act approved by Congress last month, the two biggest US phone companies have reservations. They're urging the government not to help other companies compete with them through broadband grants or to set new conditions on how Internet access should be provided. The companies have remained noncommittal as they lobby to shape rules for the grants. "I don't think there's much for them to gain financially from going after this money," especially if the government attaches strings to it, said Rebecca Arbogast, an analyst at Stifel Nicolaus. The government will receive a "massive" number of applications, mostly from small companies, said former Federal Communications Commission Chairman Michael Powell. "If you're an entrepreneur or a businessperson, you're sitting in a room right now, figuring out every way to Sunday how to get this money -- and they're all coming," Powell, a Republican who headed the FCC from 2001 through 2005, said. Officials say more than 2,000 companies, local governments, community groups and consumer advocates have contacted them about the agency's rules for disbursing its stimulus money.

AT&T, Verizon Business, 57 other businesses land $50 billion GSA federal agencies contract

AT&T and Verizon Business are among 59 businesses that will provide IT and professional services to federal agencies for up to 10 years under a US General Service Administration (GSA) contract award that has a total value of as much as $50 billion. The Alliant program authorizes winners to negotiate with government agencies to serve as a services and solutions integrator and to provide a variety of services, including business process consulting and application development, communications applications and application management, data-center services, communication integration and management, networking, and secure-application optimization.

How Do We Turn The RUS's $2.5 Billion Into $25 Billion?

There's lots of talk about how there's not enough money in the stimulus to lay broadband everywhere, and that's generally true. $7 billion doesn't go all that far when spread across the entire country. But unlike the $4.2 billion set aside for NTIA grants, the $2.5 billion allocated to RUS can be distributed as grants, loans, or loan guarantees. This is an important point to note as depending upon how much RUS sets aside for loan and loan guarantees they may have a whole lot more money to work with. The reason for this is that loans and loan guarantees don't count dollar-for-dollar against the budget. Instead because of the assumption that some portion of the loans will be paid back and/or some of the guarantees will never be cashed in you only have to count a fraction of the loan or guarantee value against the budget. If RUS were to focus all of its $2.5 billion on loans and guarantees rather than grants they'd actually have the ability to hand out at least $25 billion in government support, and potentially even more than that depending on how risky the projects they're investing in are. But RUS may follow NTIA's lead and focus most of its attention on giving out grants.