July 14, 2009 (Sotomayor, Network Neutrality and the First Amendment)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY JULY 14, 2009
Hello, Birmingham. are you ready for your BTOP-BIP workshop? Also today: Spending the Stimulus: How the FCC's National Broadband Plan Will Affect Spending and the Health Information Technology Policy Committee's Certification/Adoption Workgroup Meeting. See http://www.benton.org/calendar/2009-07-14
POLICYMAKERS
What Sotomayor Could Mean for Network Neutrality and the First Amendment
New Director of Census Bureau Is Approved
Senate Confirmation for Adelstein RUS Nomination This Week?
Chairman Genachowski Names New FCC Officials
HP Taps Ex-NTIA Head Larry Irving to Lead Global Government Affairs
CYBERWARFARE
NSA's cyber overkill
THE STIMULUS
Inside the US stimulus program: Implications for three industries
BTOP-BIP Applications Available
Health Care Stimulus Funding Process Picking Up Speed
BROADBAND/INTERNET
Regulations May Be Necessary to Ensure Competitive Broadband
Report examines Privacy Implications of Data.Gov
Nielsen Vastly Expands Online Measurement Panel
Comcast, One Economy Partner For Broadband Education Program
TELEVISION/RADIO
Minority-Owned Broadcasters Ask Geithner for Financial Help
Cable price controls wane
Analog Nightlights Go Out
Broadcasters: What Business Are You Really in?
MORE ONLINE
States Seek to Jam Prison Cellphone Signals
US Postal Service in trouble
Jackson and Palin Drive News Narrative
Recent Comment on:
FCC faces steep challenge in developing national broadband policy
POLICYMAKERS
WHAT SOTOMAYOR COULD MEAN FOR NETWORK NEUTRALITY AND THE FIRST AMENDMENT
[SOURCE: The Huffington Post, AUTHOR: Marvin Ammori]
[Commentary] The nomination hearings of US Supreme Court nominee Judge Sonia Sotomayor began Monday and during opening remarks, Sen Al Franken noted that the Supreme Court is "the last place a person can go to protect the free flow of information on the Internet." Most people would wonder what the Supreme Court has to do with Network Neutrality. There are two main legal issues: 1) can Congress adopt a network neutrality law without the Supreme Court overturning it, and 2) can the Federal Communications Commission adopt a network neutrality rule without a specific law passed by congress first? Judge Sotomayor's history is a blank slate on this, with very few hints. Ammori writes: "Here's the question I'd ask: Please tell us about the free speech rights of media, telephone, and cable companies. That is, do their rights trump the rights of citizens and users of media?"
http://benton.org/node/26448
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NEW DIRECTOR OF CENSUS BUREAU IS APPROVED
[SOURCE: Associated Press, AUTHOR: ]
The Senate on Monday approved the nomination of Robert Groves, a veteran survey researcher at the University of Michigan as director of the United States Census Bureau, ending weeks of opposition from two Republicans over Groves's role in next year's high-stakes count. More than a dozen states stand to gain or lose seats in the House after 2010. Senators Richard C. Shelby (R-Alabama) and David Vitter (R-Louisiana) had blocked a full confirmation vote, saying they wanted assurance from the White House that sampling would not be used.
http://benton.org/node/26452
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SENATE CONFIRMATION FOR ADELSTEIN RUS NOMINATION THIS WEEK?
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Former Federal Communications Commission member Jonathan Adelstein's nomination to head the USDA's Rural Utilities Service (RUS) was approved by the Senate Agriculture Committee last week. A full Senate vote on his nomination could come as early as this week. Agriculture Secretary Tom Vilsack appears to be confident of that approval, since he has already installed some of Adelstein's top team -- Jessica Zufolo, deputy administrator, and Katie Yocum, confidential assistant.
http://benton.org/node/26447
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CHAIRMAN GENACHOWSKI NAMES NEW FCC OFFICIALS
[SOURCE: Federal Communications Commission]
Federal Communications Commission Chairman Julius Genachowski announced two key appointments: Steven VanRoekel as Managing Director, and Austin Schlick as the agency's General Counsel. VanRoekel has over 18 years of Information Technology and management experience and was most recently a top executive in the Windows Server and Tools division at Microsoft Corporation. Mr. VanRoekel held various positions in his 15 years at Microsoft, including managing Microsoft's cross-industry Web Services team and serving as Speech and Strategy Assistant to Bill Gates. Mr. VanRoekel also assisted Mr. Gates in his transition from CEO of Microsoft to Chief Software Architect and advised the Bill and Melinda Gates Foundation on its shift in giving philosophy from a focus on technology to a focus on world health. While at Microsoft, Mr. VanRoekel was awarded numerous honors for management and marketing excellence, including Microsoft's Redmond Manager of the Year, and consumer marketing awards, including "Best in Show" at the Consumer Electronics Show for the use of innovative marketing and new media. Schlick has served most recently as Chief of the Civil Division of the Office of the Maryland Attorney General, responsible for the state's civil litigation at the trial and appellate levels. In addition to overseeing the defense of the State of Maryland and its officers and employees, Mr. Schlick has led affirmative litigation in the fields of environmental and consumer protection. Mr. Schlick previously served at the FCC as Deputy General Counsel for Litigation and as Acting General Counsel. Prior to that, he was an Assistant to the Solicitor General in the U.S. Department of Justice, where he argued seven cases before the U.S. Supreme Court. Mr. Schlick also was a partner at the Washington, D.C. law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel, specializing in telecommunications law and litigation. He began his legal career as a law clerk to Chief Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit and Justice Sandra Day O'Connor of the U.S. Supreme Court.
http://benton.org/node/26446
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HP TAPS LARRY IRVING FOR DC OPERATION
[SOURCE: Hewlett-Packard, AUTHOR: Press release]
HP today announced that Larry Irving -- the Assistant Secretary of Commerce for Communications and Information in the Clinton administration -- will join the company as vice president of Global Government Affairs, effective September 8. will oversee HP's global government affairs team from Washington, D.C. He will be responsible for shaping public policy and building relationships worldwide with government officials, community leaders, non-governmental organizations and business partners. He will report to Michael Holston, HP executive vice president and general counsel. Irving currently serves as chief executive officer of the Irving Information Group, a consulting firm providing strategic planning and consulting services to domestic and international telecommunications and information technology companies, non-profit organizations and foundations. He is also the founder and co-chair of the Internet Innovation Alliance, which advocates broadband Internet access for all Americans. Irving was a principal architect of the Clinton administration's policy on issues related to the Internet, e-commerce and telecommunications. Irving also initiated and was the principal author of the Clinton administration's three "Falling Through the Net" reports, which highlighted the scope and the consequences of inequities in access to information technology.
http://benton.org/node/26445
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CYBERWARFARE
NSA'S CYBER OVERKILL
[SOURCE: Los Angeles Times, AUTHOR: Jesselyn Radack]
[Commentary] The Obama administration has chosen to combat cyber security threats in a move that runs counter to its pledge to be transparent. The Administration reportedly is proceeding with a Bush-era plan to use the National Security Agency to screen government computer traffic on private-sector networks. AT&T is slated to be the likely test site. This classified pilot program, dubbed "Einstein 3," is developed but not yet rolled out. It takes two offenders from President Bush's contentious secret surveillance program and puts them in charge of scrutinizing all Internet traffic going to or from federal government agencies. In a tacit admission that the proposed new program is problematic and possibly illegal, AT&T has sought written assurances from the administration that it will not be legally liable for participating in the program. Instead of trying to put the genie back in the bottle, Obama is considering expanding its power. This is antithetical to basic civil liberties and privacy protections that are the core of a democratic society. Perhaps we can draw a lesson from the real Einstein, who ultimately regretted his role in urging the development of dangerous technology -- the atomic bomb -- and spent the rest of his life advocating against it.
http://benton.org/node/26456
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THE STIMULUS
INSIDE THE US STIMULUS PROGRAM: IMPLICATIONS FOR THREE INDUSTRIES
[SOURCE: McKinsey Quarterly, AUTHOR: Joshua Crossman, Fred Kneip, Jon Wilkins]
This essay introduces a package of articles that examines the US stimulus program broadly and explores its impact on three sectors in particular: health care, energy, and broadband. The American Recovery and Reinvestment Act of 2009 represents the largest government intervention in the US economy since the New Deal, with expenditures totaling 5.4 percent of GDP. While a trickle of spending has already occurred, the flow of funds is just getting underway. As it gathers force, major sectors of the US economy will feel the effects of policy, spending, and regulatory changes embodied in the stimulus and perhaps in a broader set of government interventions that are still under discussion.
http://benton.org/node/26444
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BTOP-BIP APPLICATIONS AVAILABLE
[SOURCE: BroadbandUSA.gov, AUTHOR: ]
Potential applicants may now download applications for broadband stimulus funds available through the National Telecommunications and Information Administration's Broadband Technology Opportunities Program (BTOP) and the Rural Utilities Services' Broadband Initiatives Program (BIP). On July 31, applicants will be able to apply for a grant using an electronic intake system. The use of this system is required for applicants requesting more than $1 million in assistance. Deadline for application submissions is 5 PM ET on August 14, 2009.
http://benton.org/node/26443
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HEALTH CARE STIMULUS FUNDING PROCESS PICKING UP SPEED
[SOURCE: iHealthBeat, AUTHOR: Helen Pfister, Karyn Bell]
[commentary] Since the American Recovery and Reinvestment Act was signed in February, the federal government has been moving relatively rapidly to get balls rolling on multiple fronts. In health care, the process is picking up speed in several areas as a result of recent efforts, including: 1) The release of the Office of the National Coordinator for Health IT implementation plan for health IT; 2) The release of CMS' implementation plan (including guidance on Medicare and Medicaid electronic health record incentive payments); 3) The development of a definition of "meaningful use" as it pertains to stimulus payments; and 4) Broadband access.
http://benton.org/node/26442
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BROADBAND/INTERNET
REGULATIONS MAY BE NECESSARY TO ENSURE COMPETITIVE BROADBAND
[SOURCE: BroadbandCensus.com, AUTHOR: Douglas Streeks]
A group of academic and industry representatives agreed Monday that some government regulation will be necessary to ensure a robust and competitive broadband market and continued innovation. The group spoke during a panel discussion sponsored by the Technology Policy Institute. Public Knowledge Legal Director Harold Feld said government policymakers have made a shift in how they think about broadband from merely a service to an entire ecology. While past policies focused on the number of lines laid and producer incentives, Feld said that going forward, new policies will focus on how all of these factors act together and affect our economy as whole. But whether the role of government will be to "nudge the participant" into action or "actually building something" itself is still up for debate, he said. "Ten years ago, we thought convergence would create competition at every level," but "whether competition is enough to meet our policy goals" is still unclear, he said.
http://benton.org/node/26454
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REPORT EXAMINES PRIVACY IMPLICATIONS OF DATA.GOV
[SOURCE: Center for Democracy & Technology, AUTHOR: ]
The Center for Democracy and Technology released a Policy Post discussing privacy implications for the federal data clearinghouse known as data.gov and de-identification considerations for the Open Government Directive. While this initiative signifies a step in the right direction towards a more open and transparent federal government, it must be done in concert with protecting the privacy of individuals. The Policy Post recommends specialized review procedures for each data set on data.gov. In addition, it says that different levels of data protections should be implemented in different contexts and that de-identification guidelines should be adaptable over time. This is essential in addressing consumer privacy risks associated with handling large data sets.
http://benton.org/node/26453
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NIELSEN VASTLY EXPANDS ONLINE MARKETING PANEL
[SOURCE: Editor&Publisher, AUTHOR: Mike Shields]
The Nielsen Company claims it now has the ability to garner audience data for 30,000 Web sites, up from the 3,000 or so it has recently been able to track. Such a sizable increase in panel size should go a long way in answering critics, who have complained in recent years that panel-based metrics firms like Nielsen and comScore do just fine in offering data on the audiences of top 200-plus sites -- but lack a large enough sample to provide insight into the Internet's long tail. Nielsen officials are touting that capability, as well as the new larger panel's ability to yield better measurement of specific demographics such as Hispanics and teens, as well as more accurate representations of households with multiple computers. Plus, Nielsen customers will have access to more sophisticated planning tools, including media staples like reach and frequency analyses, and should be able to receive more actionable cross-platform audience data, according to company executives.
http://benton.org/node/26437
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COMCAST, ONE ECONOMY PARTNER FOR BROADBAND EDUCATION PROGRAM
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Comcast and nonprofit One Economy are teaming on broadband education program, Comcast Digital Connectors, that expands One Economy's existing Digital Connectors program. The idea is to deliver digital literacy training both after school and during the summer to kids 14-21. In return, the youths share their expertise through community service. One Economy currently boasts almost 3,000 Digital Connectors and 50,00 hours of community service. Comcast hopes to double that with its partnership in the program.
http://benton.org/node/26451
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TELEVISION/RADIO
MINORITY-OWNED BROADCASTERS ASK GEITHNER FOR FINANCIAL HELP
[SOURCE: Dow Jones, AUTHOR: Fawn Johnson]
A group of minority-owned broadcasters on Monday sent a letter to Treasury Secretary Timothy Geithner asking for financial assistance akin to the aid that has been extended to the financial and auto industries. "Minority-owned broadcasters are close to becoming an extinct species," the letter said. "Even in better economic times, minority broadcasters have historically had difficulties accessing the capital markets." The broadcasters told Sec Geithner that they can bounce back from the brink of collapse if they are given some temporary assistance while the credit markets are slow. "Unlike the auto business, broadcasting has been healthy for many years," their letter said. The broadcasters said they support a proposal sent in May to Geithner by a group of influential House members asking for a minority-broadcaster support program, bridge funding or government-backed loans. The House letter was signed by House Majority Whip James Clyburn (D-SC) and a group of key committee chairmen, including Financial Services Committee Chairman Barney Frank (D-MA), Ways and Means Committee Chairman Charles Rangel (D-NY) and Oversight Committee Chairman Edolphus Towns (D-NY). "It is absolutely essential that we do not allow this once-in-a-generation financial crisis to erase the modest inroads minorities have made into the broadcast industry," the lawmakers' letter said.
http://benton.org/node/26441
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CABLE PRICE CONTROLS WANE
[SOURCE: Philadelphia Inquirer, AUTHOR: Bob Fernandez]
The last vestiges of cable television price controls are quickly being dismantled by Comcast and other cable companies, as well as the Federal Communications Commission. The town-by-town deregulation actions for the lowest level of cable service certainly will lead to price hikes for the people who can least afford them - lower-income families, according to Stefanie Brand, director of the New Jersey Division of Rate Counsel. The federal Bureau of Labor Statistics data show that the prices for cable and satellite TV services, which are heavily influenced by unregulated services, rose at a rate twice that of inflation between May 1996 and May 2009. Basic cable entails local broadcast and public-access channels and is still regulated in local towns despite the sweeping 1996 federal law that wiped away most cable price controls. Cable companies, though, can petition the Federal Communication Commission for exemption from these final price constraints if they prove "effective competition" in a town from a satellite-TV provider, a telephone company entering the TV business, or a municipal-owned cable service. The pace of rate deregulations has accelerated rapidly with the growth of satellite-TV and the expansion of Verizon Communications Inc. and AT&T Inc. into the pay-TV business. In the last 18 months, the FCC deregulated basic cable rates in 4,215 towns across the United States, including dozens in the Philadelphia area, under a little-publicized bureaucratic procedure that doesn't require a public vote of the FCC commissioners, according to information released last week by the FCC at The Inquirer's request. Overall, the federal agency has deregulated basic cable rates in a total of 7,542 towns, or locales, in the last 15 years.
http://benton.org/node/26440
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ANALOG NIGHLIGHTS GO OUT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Television stations that were providing an analog "nightlight" -- broadcasting digital television transition information, news and information in the event of emergency -- ended the service on Sunday. "They are all supposed to be off by yesterday," said FCC spokesman David Fiske of the nightlight stations. "They signed up for a particular date, no later than July 12. We are not checking unless someone reports a station continuing to broadcast a full-power analog signal." Fiske said he knew of no reports of stations leaving their analog nightlights on. That would be unlikely, not only as a matter of law but of economics, since those stations were absorbing additional transmission costs at a time when extra money is hard to come by.
http://benton.org/node/26439
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BROADCASTERS: WHAT BUSINESS ARE YOU REALLY IN?
[SOURCE: AdAge, AUTHOR: Tod Sacerdoti]
[Commentary] Any TV company -- including the major broadcast television networks -- that generates more than 50% of its revenue from selling video advertisements is in the video- advertising business. It is not in the content business, as it would like to believe. TV content is simply the delivery mechanism for video advertising. This is an important distinction. A range of delivery mechanisms have arrived and the ensuing tsunami of available video inventory is going to threaten all broadcasters who don't recognize this emerging phenomenon and address their customers' changing viewing habits and needs. Fundamentally, video advertising will no longer be tied to TV content. This is not a futuristic prediction, as the inventory shift is already clearly evident in two massive categories. First, the web has begun to democratize the ability to use video content as a delivery mechanism for video advertising. Second, large publishers and display-advertising networks used technology to turn display inventory into video- advertising inventory. These days, display inventory is already the largest pool of video advertising outside of TV, and is growing quickly.
http://benton.org/node/26438
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