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  2. July 2009

July 2009

ASCAP Strikes Sour Chord With Consumer Advocates

In a move that has digital rights groups fuming, the collective rights organization American Society of Composers, Authors and Publishers recently asked a federal court to rule that it is entitled to licensing fees for ringtones. ASCAP argues that the playing of ringtones is a "public performance" entitling it to licensing fees. The organization made that argument in the context of asking a federal district court in New York to order that AT&T pay licensing fees for the ringtones it sells consumers. Now, the Electronic Frontier Foundation, Center for Democracy & Technology and Public Knowledge have filed papers asking the court to reject ASCAP's claim. The digital rights groups say that a ruling endorsing ASCAP's argument would leave people vulnerable to copyright infringement claims whenever the ringtones they have purchased play in public.

Tribune Co. profitability continues to deteriorate

Tribune Co.'s financial picture deteriorated even more this year as declining advertising sales continued to hammer the newspaper industry. The company is much less profitable than before its bankruptcy filing in December and is burning through cash. Tribune's revenue declined an estimated 23% in the first half of 2009. The company had an 8% profit margin for the first few months of the year, which is less than half the 19% margin it boasted in the first half of 2008.

Cubs sale finalized

Tribune Co. has finalized a deal to sell the Chicago Cubs to a bidding group led by bond salesman Thomas Ricketts. The deal needs to be approved by 75% of Major League Baseball team owners as well as creditors and the Delaware judge overseeing Tribune's Chapter 11 bankruptcy case. The value of the deal is between $850 million and $900 million. About $450 million of the deal will be financed with debt. The balance will be paid in cash by the family, which founded the company now known as TD Ameritrade. Tribune has insisted in the past that much of the offer be financed with debt to limit the media company's exposure to capital gains taxes. The Chicago-based media company will maintain a 5% stake in the Cubs after the deal, which also includes selling Wrigley Field and a 25% stake in regional cable channel Comcast SportsNet.

Lawsuit Filed Over Stimulus Package's Health IT Provisions

A new civil lawsuit alleges that the federal economic stimulus package's health IT provisions violate patients' privacy rights.
The lawsuit alleges eight counts of violating patients' rights to privacy, due process and personal security, as well as violations to the HIPAA medical privacy rule and Federal Common Law. Beatrice Heghmann, a registered nurse, filed the lawsuit in U.S. District Court for the Southern District of New York on June 25 and is seeking class action status. The lawsuit is seeking an injunction to limit access to patients' personal health information and prevent the distribution of the $22 billion allocated for EHR systems. Heghmann argues that a federal stimulus package provision that aims to get all residents' health records online by 2014 will put patients at risk of having their personal health information exposed. The lawsuit names HHS Secretary Kathleen Sebelius, White House Office of Health Reform Director Nancy-Ann DeParle and CMS Administrator Charlene Frizzera as defendants.

Groups seek changes in meaningful use definition

Major healthcare organizations met a deadline last week to comment on a draft of a policy on "meaningful use" of health IT unveiled by the Office of the National Coordinator for Health IT. The policy is the cornerstone of the administration's plan for using some $30 billion in economic stimulus funding to create a means for nationwide electronic health information sharing. In general, the organizations said they wanted more flexibility in the criteria under which they would qualify for payments and more time to put new required systems in place.

The Telco Home Energy Invasion

More telecom companies are offering energy management systems for their customers' homes. Some home energy startups believe telcos could rival utilities as a market channel, particularly in the early stages of the still-nascent industry.

National Broadband Plan Workshop (Best Practices/Big Ideas)

Federal Communications Commission
Sept 3, 2009
9:30am-12:00pm

Contact:
Jon Peha
Jon.Peha@fcc.gov
(202) 418-2406
http://broadband.gov/ws_best_practices.html

The goal of this workshop is to consider some of the ideas that would address the congressional goals but that do not fit neatly into any of the other workshops, in part because the ideas cross so many different topics. The workshop will also be an opportunity to consider some of the ideas that came up in earlier workshops but that deserve particular additional attention. In addition, this workshop will be a forum for considering the impact of developments over a longer time period that are important for the United States reclaiming and maintaining its leadership in broadband.

FCC/NTIA Participants:

  • Jon Peha, Chief Technologist
  • Stagg Newman, Chief Technologist, Omnibus Broadband Initiative
  • Jonathan Levy, Deputy Chief Economist
  • Jeffrey Neumann, Electronics Engineer, Media Bureau
  • Daniel J. Weitzner, Associate Administrator for Policy, National Telecommunications and Information Administration

Panel 1:

  • Dr. Robert D. Atkinson, President, The Information Technology and Innovation Foundation
  • Dr. David D. Clark, Professor and Senior Research Scientist, MIT Computer Science and Artificial Intelligence Laboratory
  • Dr. Van Jacobson, Research Fellow, Palo Alto Research Center
  • Dr. Scott Shenker, Professor of Computer Science, University of California Berkley
  • Dr. Taieb Znati, Division Director, National Science Foundation, and Professor, Department of Computer Science, University of Pittsburg

Panel 2:

  • Gilles BianRosa, Chief Executive Officer, Vuze, Inc.
  • Dr. Richard R. Green, President and CEO, CableLabs
  • Angela K. Morgenstern, Managing Director, PBS Online
  • Gigi Sohn, President and Co-Founder, Public Knowledge
  • Phil Wiser, Co-founder, Chairman and President, Sezmi

The following are some of the preliminary topics that will be covered at this workshop. The FCC is inviting suggestions.

  • What might unmanaged (i.e. "over the top") Internet TV become, and what would be the implications if it becomes popular? Implications for the underlying infrastructure, video market, including but not limited to existing players (cable, satellite, over the air) and other broadband applications.
  • How can broadband Internet be used to maximum advantage as a medium of education and information? Where federal policy in the radio and TV eras centered around "Public Broadcasting," what should be the approach in the broadband era?
  • What might the Internet architecture look like in 10-20 years? (looking beyond incremental changes, such as doing the same thing a bit faster) OR How do we foster innovation and US leadership to create the next generation of Internet technology?
  • What might competition look like in a fiber-to-the-premises world? Relationships between technology, policy, and market structure in next-generation wired networks.
  • How vulnerable is the Internet, how vulnerable are its users, and can we improve protection?
  • Are there new spectrum management policies that might make more spectrum available for broadband?

National Broadband Plan Workshop (Benchmarks)

See a summary of the workshop

Federal Communications Commission
Sept 2, 2009
1:30pm-5:00pm

Contact:
Nick Maynard
Nicholas.Maynard@fcc.gov
(202) 418-2047
http://broadband.gov/ws_benchmarks.html

The goal of this workshop will be to explore various metrics or benchmarks for evaluating the various dimensions of broadband across geographic areas and across time. The workshop will consider various metrics to measure such important variables as broadband deployment and adoption, the price and quality of broadband services, and the level of competition. Where appropriate, the workshop will also discuss formulas that compare these metrics for different broadband technologies or services offered under varying terms and conditions.

The workshop will also examine sector-specific metrics, such as how best to measure the deployment and adoption of health IT or smart grid technologies. These sector-specific benchmarks will build on prior workshops that focused on more specific issues, with the goal of identifying those metrics that will be most important and useful for tracking the implementation and impact of the National Broadband Plan.

The workshop's goal is to identify those metrics that are most likely to be useful in assessing the broadband sector, tracking changes in the US broadband sector over time, and comparing US broadband performance against the performance of other countries.

FCC Participants:

  • Donald K. Stockdale, Jr., Deputy Chief and Bureau Chief Economist, WCB
  • Nick Maynard, Economic Research Manager
  • Jon Peha, Chief Technologist
  • Ken Lynch, Industry Economist, Industry Analysis and Technology Division, WCB, FCC

Panel:

  • Scott Berendt, Director, Research, Evaluation and Documentation, One Economy
  • Richard N. Clarke, Assistant Vice President, Public Policy, AT&T
  • Jon Eisenberg, Director, Computer Science and Telecommunication Board, The National Academies
  • Harold Feld, Legal Director, Public Knowledge
  • Gregory L. Rosston, Deputy Director, Stanford Institute for Economic Policy Research
  • Catherine Sandoval, Assistant Professor of Law, Santa Clara University

The following are some of the preliminary topics that will be covered at this workshop. The FCC is inviting suggestions.

  • Review of key metrics for US broadband deployment, adoption, price, usage, and competition
  • Metrics for sector-specific broadband adoption, such as health IT, smart grid, or transportation
  • Methodologies for measuring US broadband progress over time, as well as international comparisons
  • Limits of benchmarking for policy decisions and program evaluation
  • Data collection
  • Data dissemination
  • Tying data to course corrections

Here's what some are already telling the FCC about broadband benchmarks...

Mercatus Center At George Mason University
The following steps would enable the Commission to craft a plan that promotes consumer welfare and identifies the most efficient and effective ways to accomplish broadband policy goals:

  • Define "broadband" as the minimal high-speed service that has garnered substantial subscribership.
  • Measure broadband access by evaluating whether broadband service is available from wireline, fixed wireless, mobile wireless, or satellite providers in each census tract.
  • Measure "affordable" broadband prices by reference to prices paid by middle-class consumers in competitive urban and suburban markets.
  • Measure broadband subscribership using the census-tract data that broadband providers are now required to provide.
  • Establish baselines grounded in reality.
  • Evaluate benefits and costs of alternative policies.
  • Consider alternatives to infrastructure or subscribership subsidies.
  • Encourage facilities-based competition.
  • Conduct retrospective analysis of outcomes and costs

Costquest Associates (economic network cost modeling and analysis, broadband mapping and assessment and design of USF funding systems)

Defining Broadband: should be defined by what it is intended to be used for. A speed definition is IRRELEVANT - benchmarks should be tied to local needs which could evolve over time. Benchmarks must be tied to the delivery of certain applications.

  • A situational, "experiential" tiered metric would be clearer to the typical consumer. The tiered metric should adapt over time which recognizes consumer's improved understanding of the internet's capability and the technical expansion of the internet so that an achievable target is provided to push for continued expansion of the internet capabilities.
  • The tiered metric should be technology agnostic and focus on content that should be available to Americans

Affordability: Price of service should be considered, since affordability appears as important to a consumer's ability to access broadband as is network availability. In collecting information on broadband it is important to factor retail prices in so that a differentiation can be drawn between a lack of broadband service providers and a lack of broadband services at a price that can be afforded. These two problems will likely be addressed differently, so analysis should not confuse the two.

Measuring Progress

  • Include broadband date that would be consistent with other forms of publicly available data. Combine customer data for their purchases across government reporting programs like the USAC data and the 477 FCC info.
  • Explore moving to a lower level of census geography - also it would be helpful to build a record of carriers success with accurately locating reported customers
  • Develop a periodic survey that ties in to the tiered metric above
  • Capture key infrastructure elements including: fiber nodes, electronic locations, towers, backhaul locations, points of interconnection, wired schools and libraries, etc
  • Include a national annual survey, that captures info on broadband, and speed and barriers to adoption.

Effective and Efficient Mechanisms for Ensuring Access

  • Market Mechanisms: when assessing the High Cost law reward areas it is necessary to:
    • Collect and disseminate info on demand, existing supply and cost of expansion
    • Identify and eliminate regulatory hurdles such as rights of way policies and tower permit issues
    • Promote demand side programs to improve adoption
    • Supply side subsidies should be made to the marginal investments that would not have otherwise been made - this will include an detailed analysis of demand and costs

The FCC, NTIA, RUS and States should consider using a Broadband Assessment Model (BAM) to evaluate a market and the utilization of grants/loans/funding programs. The BAM is simply an analytical approach and discipline that links broadband coverage information to other data sources. The assessment model should:

  • Assist and enable the effective identification and communication of priorities (and expected benefits) to the emerging NTIA and RUS funding processes.
  • Align and coordinate with corresponding mapping and demand analysis work - that is, the BAM is approached as an area specific analysis
  • Develop comparable / relatable scores to understand the market, to prioritize the projects for funding so that the ARRA funds provide optimal benefit, and to assess sustainability. BAM's key measures should include at least: Supply and demand assessment, consumer surveys, demographic and cost assessments, revenue and funding assessments, and net present value assessments

National Broadband Plan Workshop (Job Training)

See a summary of this workshop

Watch the webcast of the workshop

Federal Communications Commission
August 26, 2009
1:30pm-5:00pm

Contact:
Andrew Nesi
Andrew.Nesi@fcc.gov
(202) 418-3601
http://broadband.gov/ws_job_training.html

The goal of this workshop is to identify potential impact of increased broadband access on job training and job placement. Some argue broadband could have the ability to transform job training programs. During this workshop, the FCC hopes to learn about the potential impact of broadband access on online and remote job training programs, and access to potential jobs and listings. The workshop will look at trends in job training and job searching to determine if there are ways the government can improve the effectiveness of its program.

FCC Participants:

  • Jing Vivatrat, Director of Workforce Development
  • Kristen Kane, Director of National Purposes
  • Erik Garr, Staff Director for National Broadband Plan

Panel: Job Training

  • Christopher Edward Etesse, VP, Presidium Learning (see prepared presentation)
  • Eric Winegardner, VP, Client Adoption, Monster Worldwide (see prepared presentation)
  • Tim Hill, President, Blackboard Professional Education (see prepared presentation)
  • Yvette Herrera, Senior Director, Education and Communications, Communications Workers of America (see prepared presentation)
  • Heather McKay, Director, the Sloan Center on Innovative Training and Workforce Development; Director of Innovative Training and Workforce Development Programs at the Center for Women and Work at Rutgers University
  • Richard Horne, Ed.D., Supervisory Research Analyst, Office of Disability Employment Policy, U.S. Department of Labor
  • Kermit Kaleba, Senior Policy Analyst, Workforce Alliance (see prepared presentation)

The following are some of the preliminary topics that will be covered at this workshop. The FCC is inviting suggestions.

  • Online and remote job training
  • Access to jobs
  • Adult education
  • The future of job searches
  • Digital literacy for adults

... and may we suggest
Economic Development and Job Creation Education and from Benton's Action Plan for America


National Broadband Plan Workshop (Education)

See a summary of this workshop

See this report from eSchool News

See a webcast of the event

Read a transcript of the workshop

Wordle created from this session:

Federal Communications Commission
Room TW-C305 (Commission Meeting Room)
Federal Communications Commission
445 12th Street SW
Washington, DC 20554

August 20, 2009
1:00pm-3:30pm

Contact:
Andrew Nesi
Andrew.Nesi@fcc.gov
(202) 418-3601
http://broadband.gov/ws_education.html

FCC Panelists:

  • Kristen Kane, National Purposes Director, Omnibus Broadband Initiative
  • Steve Midgley, Director Education, Omnibus Broadband Initiative
  • Carlos Kirjner, Senior Advisor to the Chairman, Omnibus Broadband Initiative
  • Regina Brown, Attorney Advisor, Wireline Competition Bureau
  • James Bachtell, Attorney Advisor, Wireline Competition Bureau
  • Cara Voth, Attorney Advisor, Wireline Competition Bureau

Panel 1: A View on Innovation, Research and Development

  • Jim Shelton, Assistant Deputy Secretary for Innovation, United States Department of Education
  • Joel Smith, Vice Provost & CIO, Carnegie Mellon University (see prepared presentation)
  • Kumar Garg, Policy Analyst, Office of Science and Technology Policy

Panel 2: Viewpoints from Media and Society

Panel 3: The Future of E-rate

  • Sheryl Abshire, Chief Technology Officer of the Calcasieu Parish School System, Lake Charles, Louisiana
  • Tom Greaves, Chairman, The Greaves Group (see prepared presentation)
  • Carrie Lowe, Director, Program on Networks for the Office of Information Technology Policy, American Library Association
  • Chris Lehmann, Principal, Science Leadership Academy, Philadelphia, Pennsylvania (see prepared presentation)

The goal of this workshop is to identify potential impact of increased broadband access on education outcomes and how broadband policies can help improve those outcomes. The FCC hopes to learn about ways in which broadband can impact education at the early childhood, elementary, secondary, and post-secondary levels in a cost-effective manner. The workshop will look at current programs, such as e-rate and evaluate how such programs can be improved, for example, to take advantage of new technologies that have arisen since it was established. The workshop will also look at what applications and devices might be used to improve educational performance.

  • Broadband and educational outcomes
  • Opportunities and benefits of broadband in education
  • Future use of broadband in education
  • The future of the e-rate
  • Most promising broadband related applications and devices for education
  • Digital literacy

What some have already told the FCC about broadband and education...

Alaska E-rate Coordinator
The Universal Service Fund and, more specifically, the E-rate program is the single most important factor in the presence of broadband within Alaska's rural communities. With the exception of Anchorage, all of Alaska's communities are considered rural under USF. Most communities in Alaska are villages with populations of less than 500 people. USF makes it possible to bring broadband to the schools and libraries of these communities but that connectivity has yet to reach the homes within those communities. It is our sincere wish that the USF program and the ARRA broadband initiatives will look for ways that these programs might be complementary and supportive of one another. While 12 years of USF has driven a successful build out to the schools and libraries of our communities, the new broadband initiatives may well use the lessons learned from this successful program and extend the reach of broadband further - into the residences of these communities.

EDUCAUSE
EDUCAUSE/Internet2/ACUTA have a deep and wide-ranging interest in the nation's broadband capabilities. The future of our country and its competitiveness depend on the quality and reach of our higher education. In an ever-changing, highly-competitive, and international economy, our educators must teach students how to prepare for professions that do not yet exist and work with technologies we cannot yet imagine or comprehend. Because of this, it is essential that campuses have access to the highest broadband speeds available to conduct the education and research our economy demands to remain in the forefront of international scientific discovery. As research becomes increasingly datadriven and increasingly international (e.g., the Large Hadron Collider), it is essential that these broadband technologies are upgraded and distributed throughout the campus to serve the needs of students in all disciplines and areas of study.

EDLINC
EdLiNC has pursued a mission of preserving and protecting the Schools and Libraries program (commonly referred to as the E-Rate) and has filed in every Commission rulemaking related to the program. Now, EdLiNC continues to focus on improving the program's administrative processes, ensuring that discounts from the Schools and Libraries program reach those most in need, and preserving the program's integrity.

  • NOI asks about Effectivness in schools and libraries furthering the goal of the NBP?
    • Examples of benefits in different districts across the country, example of how local service provider forced to extend fiber from a county seat in Mississippi to a school for E-Rate purposes has brought internet to the whole community.
    • We call on the Commission to leverage the valuable work that the program has already done, and is continuing to do, by incorporating improvements to the Schools and Libraries program (described herein) within the new national broadband plan.
    • To extend the work with schools and libs, Funding Cap for Schools and Libraries must be lifted.
    • With 40,000 applicant annual demand exceeds programs 2.25 billion cap.
    • As a result of the growing demand for Priority One services, the funding available for Priority Two services−internal connections costs−has declined. Thus, there are not enough funds available for Priority Two services, causing the Schools and Libraries program to deny assistance to many economically disadvantaged schools
    • Based on current program guidelines and demand, only schools and libraries at the most dire end of the poverty spectrum, i.e., schools that fall at or above the 80% discount level, are provided with Priority Two access. Most schools that are at the 70% discount level and below are denied help from the program, leaving many at risk students and economically disadvantaged communities unconnected.
  • Commission also seeks comments in the NOI on how the Schools and Libraries program could be modified to provide additional broadband support.
    • merit in creating a new, separate and distinct broadband fund in universal service to complement the work that the Schools and Libraries program is currently doing. However, in creating such a new program, we urge the Commission not to undermine the success and work of the Schools and Libraries program by shifting money designated for the Schools and Libraries fund to a new broadband program. In particular, EdLiNC recommends against fund-shifting given the evidence of current underfunding for E-Rate
    • Smaller changes to improve Bband penetration in unserved and underserved areas.
    • Streamlining and simplifying the Schools and Libraries application process;
    • Establishing a multi-year application for Priority One services in which funding requests would be considered annually along with all other applications received within the application window;
    • Involving more technology in the entire process, including making forms available online, making the USAC website interactive, and allowing applicants to e-mail rather than fax communications;
    • Increasing information available to applicants throughout the process by providing applicants the latest information on the status on internal connections and the procedures and current status of audit reviews;
    • Changing library poverty rates for the purposes of the Schools and Libraries program; and
    • Exempting all Universal Service Programs from the Anti-Deficiency Act (ADA).
      Reduce cost allocation requirements for schools and lib progrand to encourage deployment
    • Current Schools and Libraries program rules make it difficult for schools and school libraries to allow the public to use supported telecommunications and Internet services during non-school hours
    • By relieving this burden on schools and school libraries, those entities could focus on providing community broadband access to help advance online learning, stimulate economic growth, and increase demand for broadband.
  • The Commission requests comment on how the it should collect data on broadband use supported through universal programs
    • measure the degree to which students, educators, and library patrons have access to advanced telecommunications services. However, in doing so we recommend that the collection of this information be conducted in as non-burdensome a manner as possible, capitalizing on any pre-existing, recent surveys (including data collected by the Universal Service Administrative Company) that can supply the relevant information
    • how a national broadband plan should measure the use of broadband infrastructure and services to advance education
    • the measurement of any national broadband plan's impact on education must be measured based on the meeting of connectivity metrics, not academic ones.

... and may we suggest
Education from Benton's Action Plan for America


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