August 2009

TiVo Goes to Battle With Verizon, AT&T

TiVo launched legal battles with Verizon Communications and AT&T alleging infringement of its patented TV "time-warping" technology. Verizon and AT&T offer television service with digital video recorders. Chief Executive Tom Rogers said TiVo tried unsuccessfully to strike deals with both companies. "We figured we had to stop the irreparable harm," he said.

Tribune Bondholders Fault Zell Takeover

Disgruntled Tribune bondholders have asked a US bankruptcy judge to let them investigate Sam Zell's 2007 buyout of the newspaper-and-television chain in an effort to derail a plan that would hand the company over to its banks. "Fraudulent conveyance" is a legal term most often used in bankruptcy court, in which creditors allege a company has used assets in a way unfair to creditors. In the context of leveraged buyouts, creditors can argue a deal loaded up a company with too much debt, leaving it undercapitalized and unable to meet future obligations. The filing will seek to slow or nullify an advancing plan for Tribune to exit from bankruptcy protection with J.P. Morgan, Bank of America Corp.'s Merrill Lynch and other banks owning nearly all of Tribune in return for the banks forgiving about $8 billion in debt. Bondholders would likely receive only a sliver of new equity under the deal.

Roads could be safer with a ban on texting while driving

[Commentary] The urge to text while driving apparently strikes widely, affecting everyone from excessively social teens to BlackBerry-obsessed business people to the District's multitasking mayor. Wherever it hits, it can be dangerous. According to a study by Car and Driver magazine, reaction time while texting is often twice as long as while legally intoxicated. Still, only 17 states and the District have passed legislation to discourage the risky behavior -- and a couple of those states have banned texting only for drivers under 21 years old. The most straightforward solution would be to use federal highway funds to encourage states to adopt bans on texting while driving, modeled on the seatbelt law. Though the ban might not be consistently enforceable, it would help people understand the gravity of being distracted while driving and would help make the unsafe practice socially taboo.

Broadband and Job Training

On August 26, 2009, the Federal Communications Commission held a National Broadband Plan workshop focused on the potential impact of increased broadband access on job training and job placement. Topics of discussion included: Online and remote job training, Access to jobs, Adult education, The future of job searches, and Digital literacy for adults.

FCC Adds National Broadband Plan, FCC Reform to Thursday's Agenda

Late Wednesday, the Federal Communications Commission added some items to the agenda for Thursday morning's monthly open meeting. The FCC announced the meeting will now also include presentations on the status of the Commission's processes for development of a National Broadband Plan, and for development of FCC Reform, followed by presentation of the Excellence in Engineering, Excellence in Economics Analysis and the Employee of the Year Awards. All the award winners get free parking next to the Chairman's spot for an entire month! The previous announced agenda includes: 1) a Notice of Inquiry to seek to understand better the factors that encourage innovation and investment in wireless and to identify concrete steps the Commission can take to support and encourage further innovation and investment in this area, 2) a Notice of Inquiry soliciting information for the next annual report to Congress on the status of competition in the mobile wireless market, including commercial mobile services, and 3) a Notice of Inquiry that seeks comment on whether there are opportunities to protect and empower American consumers by ensuring sufficient access to relevant information about communications services.

Broadband as Means For Job Creation Debated at FCC Workshop

Economists speaking at the Federal Communications Commission workshop on Economic Growth, Job Creation, and Private Investment said that rolling out broadband does not necessarily translate into job creation, and online video will be the death of traditional TV.

James Prieger, a professor at Pepperdine, pointed out that broadband may add to productivity, but that could mean doing more with fewer workers. He said that deploying high-speed Internet was not a Band-Aid that could be "slapped on" an ailing labor market or economy. Broadband could attract workers from town x to town y, he said, but he didn't see how from a state's point of view that was necessarily a good thing. And he called a deeper problem the issue of globalization. Chris Furman, a professor at the Georgia Tech, seconded Prieger's assessment, saying that there was "little evidence that use of advanced Internet was associated with growth in employment."

Ralph Everett, president of the Joint Center for Political and Economic studies, wasn't ready to concede the point. "Broadband means jobs and communities need jobs," he said. He had his own studies, including one that showed that increased broadband contributed to 52,000 or 281,000 new jobs in California in 2005. He said access to broadband was about online job searches and 21st century skills that would be necessary to live in that century. He pointed out the higher unemployment rate for African Americans and lower broadband adoption rates said the way out begins with a broadband plan that connects them and at least gives them a fighting chance for the social and economic progress that for them is now "just a dream."

Utilities may get dedicated chunk of spectrum for smart grid

On Tuesday, the Federal Communications Commission joined the alphabet soup of federal agencies that's contemplating what its role might be in bringing our electric grid a bit of intelligence. It's not unreasonable—smart grid devices are all about starting a two-way conversation between utilities and their distribution equipment and end-user devices. But the FCC held the hearing as part of its broadband initiative, and the hearings allowed those in the industry to press the Commission to allocate the smart grid a chunk of spectrum in order to provide its components guaranteed wireless broadband. Not everyone at the hearing felt it was necessary; at least one person providing testimony suggested that existing cellular networks could easily absorb the added bandwidth. But many of those providing testimony pointed out that deadzones and strangled bandwidth might be acceptable to cellular providers, but wouldn't be tolerated by utilities.

Want Fast Internet? Don't Live In the Sticks

Delaware, Rhode Island, and Massachusetts have some of the fastest Internet access speeds in the country, according to a new survey by the Communications Workers of America, while Hawaii, Alaska, Montana and Wyoming have the slowest. In other words, there appears to be a direct correlation between Internet speed and population density. States with more residents per square mile were almost guaranteed to have faster Internet access, with the exception of Hawaii (which has its own issues, being in the middle of the ocean and all). California ranked 11th in terms of both population density and download speed. The linking of population density to download speed is most likely the result of the revenue that can be gleaned by introducing high-speed services in more populated areas, along with the technical limitations of rolling out high-speeds in rural areas where customers may be many miles away from the nearest switching office.

Recovery Act: The Stimulus Index

A list of companies that have applied for broadband stimulus funding. In this first round of funding, there's about $2.4 billion available under the rural Broadband Initiatives Program (BIP) for deploying broadband in the boondocks. Meanwhile, up to $1.6 billion is available in the Broadband Technologies Opportunities Program (BTOP), which is intended to promote new broadband technology in unserved and underserved communities.

Pennsylvania Joins $100 Million Broadband Stimulus Club

Pennsylvania is the latest state to announce that it has filed a $100 million plus broadband stimulus program application, seeking funds from the federal Broadband Technology Opportunities (BTOP) program and the Broadband Initiatives Program (BIP). Governor Edward G. Rendell on August 24 announced that Pennsylvania has filed seven broadband grant applications totaling $108 million.

The seven grant applications include:

1) Projects to connect 514 schools, libraries, colleges and universities to a broadband network aimed at closing the "digital divide";

2) Extend broadband services to some 988,000 households,202,000 businesses, 1,222 public safety agencies; 1,180 educational organizations and 255 health care facilities in under- and unserved areas of northern Pennsylvania;

3) A state Dept. of Education program to train some 1,500 teachers and education professionals to make effective use of broadband for education and training;

4) A Dept. of Community and Economic Development program to be carried out by 13 economic development organizations that aims to help communities, businesses, first responders and "anchor" institutions;

5) Extend broadband access beyond classrooms into libraries and community colleges by providing equipment, software, training, technical support, management and oversight;

6) Helping fund an existing program to map broadband availability state-wide; and

7) A Dept. of Military and Veterans Affairs program to provide access, education and training 1,500 residents at the state's six veteran's homes. Missouri, Maryland, New Mexico, and Massachusetts are also a part of the $100 million broadband stimulus application club.