December 2009

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY DECEMBER 9, 2009

Three events today on 1) e-commerce, 2) a local perspective on the National broadband Plan and 3) spectrum management. http://bit.ly/4xPTEQ

GOVERNMENT & COMMUNICATIONS
   Administration Launches Comprehensive Open Government Plan

BROADBAND/INTERNET
   Rural Broadband Access To Grow, Slowly But Surely
   Finding a Creative Spectrum Solution
   See also: The Rabbit-Ear Wars
   Ranking House Oversight Committee Member Says FCC Lacks Transparency On Broadband Hires
   The Department of Labor's "Tools for America's Jobseekers" Challenge
   What the FCC chair is reading: Understanding electricity to inform Web policy
   Don't Ask For Feedback On Grants That Have Not Been Named
   Big Cable Has No objection to FCC Sharing Broadband Data
   How to be the world's greatest ISP

UNIVERSAL SERVICE REFORM
   FCC Launches Proceeding on NCTA's Universal Service Reform Proposal
   Reform Universal Service for Recipients, Not Carriers, Groups Tell FCC
   NASUCA Supports Using USF for Improving Broadband Affordability and Adoption
   Carriers Big and Small Weigh In on Broadband and Universal Service Reform
   Cable Offers Ideas for Universal Service Reform for National Broadband Plan
   Overhaul USF Now, Wireless ISPs Tell FCC

NETWORK NEUTRALITY
   Content Groups Link Copyright Infringement to Net Neutrality Rules
   Where are all the bad actors?
   A Common Sense Approach to Network Neutrality

OWNERSHIP
   Why the Comcast-NBCU Acquisition is Possible: A Glance at Recent History
   Comcast-NBC U merger could hurt consumers
   Comcast-NBCU Is Bad For Broadcasting
   Small cable companies worried about Comcast-NBC deal
   NBCU's Zucker Says Digital Now More Than 10 Cents On The Analog Dollar
   FTC Will Review Google's Proposed Acquisition of AdMob

PRIVACY
   House Passes Data Accountability and Trust Act and Informed P2P User Act
   Smartphone Software Gets Smarter, More Interactive
   Tech Gadgets That Know and Share Too Much About Us
   Context-Aware Technology Goes to Court
   Zip Codes Grow Broadcast TV Revenue

HEALTH
   HHS publishes schedule of upcoming policy season
   ONC accelerates extension center grant awards
   Celebrating the Small Wins: Respite From a Feast of Grand Visions

MORE ONLINE ...
   Timetable for Mobile Alert Rollout
   Royalty Fight Could Extend To 2010
   OECD Debates E-Commerce Guidelines
   France's Sarkozy takes on Google in books dispute
   UK makes online safety lessons for kids compulsory
   White House new media staffer Stanton brings Web skills to State Department
   TiVo CEO sees broadcast and cable "wreck"
   Afghanistan Dominates the News
   Hispanics in the News
   Google Unit Aims To Save Electricity

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GOVERNMENT & COMMUNICATIONS

ADMINISTRATION LAUNCHES COMPREHENSIVE OPEN GOVERNMENT PLAN
[SOURCE: The White House, AUTHOR: Press release]
On Tuesday, the White House Tuesday issued the Open Government Directive requiring federal agencies to take immediate, specific steps to open their operations up to the public. The Administration also released an Open Government Progress Report to the American People and previewed a number of other openness commitments that are poised to be released during the next two days. The directive, released by the Office of Management and Budget, sets an unprecedented standard for government agencies, insisting that they achieve key milestones in transparency, collaboration, and participation. It instructs agencies to share information with the public through online, open, accessible, machine-readable formats. Agencies are to inventory existing information and establish a timeline for publishing them online to increase agency accountability and responsiveness; improve public knowledge of the agency and its operations; further the core mission of the agency; create economic opportunity; or respond to need and demand as identified through public consultation. The directive also requires that annual Freedom of Information Act (FOIA) reports be published online in machine-readable formats, and demanding milestones for improving data quality and records management. Second, it aims to instill the values of transparency, participation, and collaboration into the culture of every agency by requiring every agency to formulate an Open Government Plan and website. Specifically, each agency will be required to develop its own, unique roadmap in consultation with the American people and open government experts, rather than prescribing a one-size-fits-all approach.
benton.org/node/30398 | White House, The | Open Government Directive | Open Government Progress Report to the American People | OMB Director Peter Orszag | C|Net | C|Net on Beth Noveck | Columbia Journalism Review on FOIA | WashPost | nextgov
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BROADBAND/INTERNET

RURAL BROADBAND ACCESS TO GROW, SLOWLY BUT SURELY
[SOURCE: The Kiplinger Letter, AUTHOR: Richard Sammon]
Rural high-speed Internet service is years away and ultimately will require a combination of new phone taxes and billions of dollars more in federal support. Neither will happen easily or quickly, but it's the most likely policy route Washington will take as broadband stretches into rural and underserved areas in the next decade. The first step will be taken by the Federal Communications Commission, which is likely to formally propose broadband taxes in February, arguing that the current Universal Service Fee paid by telephone companies and consumers to provide phone service to rural areas should be expanded and funded at a higher rate to cover construction, development and maintenance of rural broadband services. A broadband tax proposal will spark a fierce battle. Businesses and consumer groups will fight the prospect of higher phone taxes, and deficit hawks will oppose efforts to add tens of billions to the deficit to finance rural broadband connectivity. In the end, though, some combination of the two is likely in advance of actual deployment of rural broadband, a project that will take a decade. The FCC, which strongly supports rural broadband expansion won't specify how much of a tax should be imposed, only that a tax should be the primary vehicle to finance rural broadband. Congress would set a tax rate at a later date after a year or more of hearings and comment at the FCC and in Congress.
benton.org/node/30397 | Kiplinger Letter, The
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FINDING A CREATIVE SPECTRUM SOLUTION
[SOURCE: Federal Communications Commission, AUTHOR: Rebecca Hanson]
Last Wednesday, the Federal Communications Commission released a Public Notice seeking comment on a variety of aspects and uses of the television broadcast spectrum. Until now, the discussion has been somewhat binary and predictable. Many broadcasters want to simply maintain the status quo, and many wireless broadband proponents (licensed and unlicensed) would like most or all of that spectrum to become available to them. In order to explore potential solutions, however, the discourse needs to become more constructive and more creative. The National Broadband Task Force has been charged with identifying and exploring ways to deliver robust broadband to everyone, and mobile broadband is an essential part of the solution. But mobile broadband won't advance unless we can find spectrum to avoid crippling network congestion in the future. For better or for worse, broadcasters occupy one of the most attractive bands for mobile broadband applications, and we have an obligation to Congress, and to the needs of the country, to explore that spectrum's evolutionary potential. Thus, the real question that broadcasters should be asking themselves is "How can we best become part of a mobile broadband solution?"
benton.org/node/30396 | Federal Communications Commission
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TRANSPARENCY AND THE NATIONAL BROADBAND PLAN
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
In a letter to Federal Communications Commission Chairman Julius Genachowski, Rep Darrell Issa (R-CA), ranking member of the House Oversight & Government Reform Committee, has accused the FCC of a "lack of transparency" about who it has enlisted to help draw up the national broadband plan. Rep Issa says that he is particularly concerned about temporary positions "held at the FCC by lobbyists and industry insiders." He identifies three examples of senior staff appointments announced last August and says that employees "on leave from companies and lobbying firms invested in or interested in broadband development increases the potential for conflict of interest and unfair influence." Rep Issa has requested that the chairman deliver by Dec. 22 a list of "all staff" working on the plan, including their title and "background," as well as an organizational chart with reporting structure, and a list specifically of limited-term employees. He also wants a written answer from the chairman on how employees were vetted for their posts and what consideration was given to possible conflict of interest.
benton.org/node/30405 | Broadcasting&Cable
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THE BIG SWITCH
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
The tech boom that swept across the nation brought on an eruption of innovation, a virtual applications boom that created jobs and propelled the United States into a world leader on the bleeding edge. That tech wave was more than one century ago, when affordable electricity was brought throughout the nation, according to "The Big Switch" by Nicholas Carr. Federal Communications Commission Chairman Julius Genachowski is reading Carr's book. And to understand his approach to the agency's task to bring affordable broadband Internet to all U.S. homes and businesses, take a look at what the nation did when electricity arrived.
benton.org/node/30393 | Washington Post
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BIG CABLE HAS NO OBJECTION TO SHARING BROADBAND DATA
[SOURCE: National Cable and Telecommunications Association, AUTHOR: Neal Goldberg, Steven Morris]
The National Cable & Telecommunications Association has no objection to the Federal Communications Commission releasing requested broadband data to the National Telecommunications and Information Administration (NTIA) subject to appropriate confidentiality protections. In addition, NCTA encourages the FCC to issue public reports based on aggregate Form 477 data so that all parties will have a more accurate sense of the state of the broadband marketplace in the United States.
benton.org/node/30391 | National Cable and Telecommunications Association
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UNIVERSAL SERVICE REFORM

FCC LAUNCHES PROCEEDING ON NCTA'S UNIVERSAL SERVICE REFORM PROPOSAL
[SOURCE: Federal Communications Commission, AUTHOR: ]
On November 5, 2009, the National Cable and Telecommunications Association (NCTA) filed a petition for rulemaking proposing new rules for universal service high-cost support. Specifically, NCTA proposes that the Federal Communications Commission establish procedures to reduce the amount of universal service high-cost support provided to carriers in those areas of the country where there is extensive, unsubsidized facilities-based voice competition and where government subsidies no longer are needed to ensure that service will be made available to consumers. The Wireline Competition Bureau now seeks comment on NCTA's petition. Comments are due January 7, 2010; reply comments are due January 22, 2010.
benton.org/node/30395 | Federal Communications Commission
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REFORM USF FOR RECIPIENTS
[SOURCE: Media Access Project, AUTHOR: Matthew Wood, Andrew Schwartzman]
The Media Access Project, representing a number of urban and rural public service organizations, filed comments on universal service reform and the goal of universal broadband. The groups urge the Federal Communications Commission to not consider Universal Service Fund (USF) issues solely from the perspective of carriers currently
receiving USF disbursements. The interest that USF must serve, they argue, is not the parochial interest of any service provider or class of carriers, but the public interest. The fund must promote universal connectivity for all Americans, and that means prioritizing the needs of people that depend on communications services ­ especially those still waiting for the expansion of modern communications facilities to reach them ­ over the needs of any particular companies. As even "basic" telecommunications services migrate to broadband, utilizing Internet Protocol ("IP") technology and the Internet to reduce the rates paid by consumers fortunate enough to have broadband access, the Commission can no longer conceive of broadband as a luxury, add-on, afterthought, or complement to the services historically supported by universal service mechanisms.
benton.org/node/30365 | Media Access Project
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NASUCA AND BROADBAND LIFELINE
[SOURCE: National Association of State Utility Consumer Advocates, AUTHOR: David Bergmann]
The National Association of State Utility Consumer Advocates (NASUCA) offered the Federal Communications Commission a number of ideas on Universal Service reform and its impact on the goal of universal broadband. On creating a broadband program for low-income households, NASUCA agrees that universal service support should be made available so low income consumers and their households can obtain broadband service on more affordable terms. The National Broadband Plan, NASUCA argues, should include plans for a Lifeline for Broadband program. However, similar to the goal of universal service for plain old telephone service ("POTS"), the goal of universal service for broadband must necessarily be a long term goal which will take years to accomplish. A Lifeline for Broadband program will assist not only the low income consumers but aid broadband providers by increasing the take rate and return on investments. A baseline understanding of broadband penetration rates and targets for improvement are a necessary part of any regulatory effort that will flow federal USF dollars to broadband service providers. The Commission should recognize this fact and move with deliberation toward development of the baseline information needed to shape an effective and efficient program to promote universal broadband service among low income consumers.
benton.org/node/30366 | National Association of State Utility Consumer Advocates
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NETWORK NEUTRALITY

COPYRIGHT AND NET NEUTRALITY
[SOURCE: BroadbandBreakfast.com, AUTHOR: Winter Casey]
The Songwriters Guild of America is the latest intellectual property-focused group weighing into the debate about whether the government should take steps to regulate Internet access to support so-called Net neutrality principles. The group claims that the rules, which have been proposed by the Federal Communications Commission, would create a legal safe harbor for copyright invasion. "While these rules require that all lawful uses be treated "in a non-discriminatory manner," they ignore whether or not the usage is unlawful. The result is the property created and owned by songwriters like me is discriminated against," songwriter Phil Galdston said in a statement. The guild said the rules would "restrain Internet service providers from fighting illegal file sharing on their networks."
benton.org/node/30401 | BroadbandBreakfast.com
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WHERE ARE ALL THE BAD ACTORS?
[SOURCE: TelephonyOnline, AUTHOR: Kevin Walsh]
[Commentary] The Network Neutrality debate has been raging since at least 2002; buildings full of lawyers in Washington have been scrutinizing service provider behavior; by the Federal Communications Commission's own admission over "100,000 pages of input in approximately 40,000 filings" have been reviewed; organizations like Free Press have ratcheted into rhetorical overdrive; and the best we can come up with is ... Madison River? Aside from the fact that Madison River is an old story about a small player that no longer exists, the FCC dealt with that incident quite handily using its existing regulatory power. Once the behavior was uncovered, regulatory cops swooped in and whacked Madison River. A similar case can be made for the much less onerous behavior by Comcast — problem found, problem corrected, no further action required. When this debate began, the lack of bad actors didn't weaken the net neutrality cause. It was certainly possible that broadband operators could use their facilities in nefarious ways, and interest groups lobbying to protect consumers were right to flag this concern. But now, after almost eight years of arguing, the lack of bad actors (except for the eternal Madison River) severely weakens the cause. Not that the open Internet isn't a social good, but that existing regulatory tools satisfactorily protect it.
benton.org/node/30390 | TelephonyOnline
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A COMMON SENSE APPROACH TO NET NEUTRALITY
[SOURCE: BroadbandBreakfast.com, AUTHOR: Leonard Grace]
[Commentary] There are two compelling sides to the Network Neutrality issue before the Federal Communications Commission that can be solved by cutting through the rhetoric and making a few common sense and objective decisions about what is at the crux of the problem. The power of discrimination lays solely in the hands of the Comcast's, AT&T's, Time Warner Cable's, Verizon's, and other providers of the ISP pipelines. This is a huge social responsibility for private sector companies in controlling the complexities of sharing access to all who ask. To solve the issue the FCC can take either of two paths in ensuring openness and fairness to all concerned, with both large and small stakes, in both getting where they need to go and receiving what needs to receive, via broadband. One path is to let the market sort itself out; in that encouraging competition within the marketplace between ISP providers will create less of a reason for providers to favor one entity over another or risk losing customers to the competition. An alternative path would be to mandate all ISP providers open their networks to competitors and set standards for download and upload speeds, thereby ensuring everyone is treated equal.
benton.org/node/30389 | BroadbandBreakfast.com
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OWNERSHIP

WHY COMCAST-NBC IS EVEN POSSIBLE
[SOURCE: Media Access Project, AUTHOR: Kamilla Kovacs]
Many analysts have identified the proposed acquisition between Comcast and NBC Universal (NBCU) as the first example of vertical integration in the communications marketplace of the Digital Age. Few have pointed out, however, that the regulatory framework that allows for such an unprecedented combination of assets is also a 21st century phenomenon. Less than a decade ago, this combination would have been against Federal Communications Commission (FCC) regulations ­ indeed, it would have been merely a business executive's dream. What makes this acquisition attempt possible today is the drastic, systematic deregulation in media policy that has taken place over the last 20 years. If allowed to go through, the Comcast-NBCU deal would result in unprecedented consolidation in media. For the first time, it would allow a single company to control both the cable system and a broadcast station in a dozen of the largest U.S. media markets. Folks living in Boston, Philadelphia, Chicago, Washington, San Francisco, and other major cities would receive their household cable hookup from the same source that runs their local NBC broadcast station. As a result, Comcast would be more tempted to discriminate against its competitors online by charging higher fees to rival cable providers for access to NBC content, or by blocking the access of other programmers to its network, as it has attempted to do in the past. Comcast customers could also be left with higher monthly cable bills. No company in history has enjoyed such extensive powers of control over how the public shares and receives information, and how that information is produced. Why is a deal like this being considered now? Not as a result of pure coincidence. Before 2002, federal regulations prohibited exactly such business arrangements.
benton.org/node/30388 | Media Access Project
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COMCAST-NBCU MERGER COULD HURT CONSUMERS
[SOURCE: Philadelphia Inquirer, AUTHOR: Josh Silver, Tim Winter]
[Commentary] What can consumers expect from the marriage of Comcast and NBC Universal? Higher prices for cable television and Internet access. Less local, diverse programming and independent media. More sensationalism and even fewer family-friendly content choices. If you think you're already paying too much to watch TV or go online, if you care about open and unfettered Internet access, or if you worry about what your kids see, you have good reason to object to this wedding. And you'd better speak now or forever pay the price. The merger would eliminate some of the critical competition that normally occurs among content distributors such as Comcast, content programmers such as NBC, and content producers such as Universal Studios. Instead of bargaining hard, a Comcast-NBC U behemoth would be likely to favor its own programming, squeezing more independent channels out of basic-cable tiers to make room for more Comcast-NBC content. Moreover, a merged company would have the market power to gouge its competitors, pushing up prices for Verizon FiOS, DirecTV, the DISH Network, and smaller cable companies. In other words, a Comcast-NBC U merger could mean higher prices even for those who get their programming elsewhere. And if Comcast gets control of NBC Universal's marquee content, it will have every incentive to move online video offerings behind a "pay wall," as it has already done with the online video product known as TV Everywhere. If you wanted to watch NBC Universal shows online, you might have to be a Comcast subscriber.
benton.org/node/30387 | Philadelphia Inquirer
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COMCAST-NBCU IS BAD FOR BROADCASTING
[SOURCE: TVNewsCheck, AUTHOR: Harry Jessell]
A Q&A with Media Access Project President Andy Schwartzman on the proposed merger of Comcast and NBC Universal. He says he's unhappy about vertical integration in the media market to begin with. The Comcast-NBC deal is especially troublesome because the cable programming market has been too difficult to crack. This combination gives Comcast all the more reason to make it difficult for new and interesting programmers to get carriage. It will also make it much harder for competitors like the phone companies and the satellite companies to get programming under similar terms and conditions. So it will adversely affect viewer choice. He also thinks the deal is likely to raise cable rates. In those cities where Comcast is the dominant cable company as well as the owner of an NBC station, there will be a lot of problems for the other network affiliates. The ability to sell advertising across platforms will give a distinct edge to the Comcast stations. While [Comcast CEO] Brian Roberts talks about paying for retransmission consent, the fact that he can get the NBC content for free is going to give him more leverage in retransmission consent negotiations with other affiliates.
benton.org/node/30386 | TVNewsCheck
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SMALL CABLE COMPANIES WORRIED ABOUT COMCAST-NBC
[SOURCE: The Hill, AUTHOR: Kim Hart]
What does Comcast's proposed marriage with NBC Universal mean for small cable companies? "Nothing good," said Matthew Polka, president and CEO of the American Cable Association. Polka said the merger will consolidate major programming assets, presenting "a serious threat to the financial stability of smaller operators." ACA represents about 900 small operators, some of which provide services to only a few hundred customers. Its members provide television, phone and Internet services, often in areas not served big firms like Comcast, Time Warner Cable or Cablevision. They don't have ties to content companies such as Disney, so they have to negotiate with the larger content providers access to cable programming, Polka said.
benton.org/node/30385 | Hill, The
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FTC REVIEW OF ADMOB
[SOURCE: Wall Street Journal, AUTHOR: Jessica Vascellaro, Tomas Catan]
Apparently, the Federal Trade Commission is reviewing Google's proposed acquisition of mobile advertising company AdMob. The development at this stage appears procedural, indicating that the responsibility for a review has been assigned to the FTC rather than the Justice Department. Both agencies share responsibility for enforcing federal antitrust laws. There is no indication so far that the FTC has found any potential objections to the transaction.
benton.org/node/30406 | Wall Street Journal
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PRIVACY

HOUSE PASSES TWO BILLS
[SOURCE: House of Representatives Commerce Committee]
On Tuesday, the House of Representatives passed the Data Accountability and Trust Act (H.R. 2221) and the Informed P2P User Act (H.R. 1319). H.R. 2221 will protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a security breach. H.R. 1319 will prevent the inadvertent disclosure of information on a computer through the use of certain "peer-to-peer" file sharing programs without first providing notice and obtaining consent from an owner or authorized user of the computer.
benton.org/node/30368 | House of Representatives Commerce Committee | Data Accountability and Trust Act | Informed P2P User Act
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SMARTER SMARTPHONES
[SOURCE: BusinessWeek, AUTHOR: Rachael King]
New software gathers vast amounts of information -- not just a person's whereabouts, but also such data as interests, buying habits, even social circles. Known as context-aware software, the technology then harnesses that information to provide useful tools to a smartphone user. For years, technology has been able to pick up a person's location through Global Positioning System satellites that deliver up-to-the-minute traffic and mapping data. But only recently have electronics been able to put a person's location into a larger context. By 2012, the market for information about a person's context will rise to $12 billion, according to research firm Gartner.
benton.org/node/30384 | BusinessWeek
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TECH GADGETS THAT SHARE TOO MUCH
[SOURCE: BusinessWeek, AUTHOR: Peter Eckersley]
[Commentary] Over the next decade, systems that track and record our movement through physical space will be woven inextricably into everyday life. Already we operate some location-based systems: dashboard navigation systems, smartphones with GPS features, and electronic tags that help us zip through toll stations. But in the coming years, location-aware tools will become more common, sophisticated, and indispensable. There are good reasons for people to be nervous about this: Locational records convey where we travel and with whom; where we have lunch and with whom; which political meetings we attend; where we go to church; what kinds of nightclubs we frequent; with whom we conduct business meetings; and with whom we spend the night. The records won't be available to everyone, but they will likely be sold to advertisers and made available to law enforcement, hackers, lawyers in divorce cases and other civil lawsuits, and to nosy employees of the companies that build location-tracking systems. In countries with repressive political systems, location-tracking records may also be made available to secret police forces. These constitute threats to privacy that must be taken seriously.
benton.org/node/30383 | BusinessWeek
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CONTEXT-AWARE TECHNOLOGY GOES TO COURT
[SOURCE: BusinessWeek, AUTHOR: Rachael King]
In court cases involving corporations, lawyers for plaintiffs often struggle to determine which employees knew that fraud or some other illegal activity was happening. Reconstructing the context surrounding the event can be painstaking as investigators wade through thousands or even millions of e-mail messages. The task has become even more challenging in recent years as new forms of communication—instant messaging, text messages, or social media postings—have become more pervasive. That means it's less likely for investigators to find a single "smoking gun" e-mail message or memo. Cataphora's software overcomes this challenge by correlating and analyzing different types of communications to try to create context. "In the time we've been in business, the average size of e-mail text has shrunk about 50%," says Elizabeth Charnock, CEO of Cataphora, a maker of software that helps organizations understand complex employee behavior patterns by analyzing electronic communications. Using software to track the larger context around employee relationships can be used to incriminate—or acquit—defendants.
benton.org/node/30382 | BusinessWeek
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ZIP CODES GROW BROADCAST TV REVENUE
[SOURCE: RBR.com, AUTHOR: Michael Kokernak]
[Commentary] For the foreseeable future broadcasters will not have the capability to insert addressable advertising at the set top box level. But this technical limitation should not keep the broadcast industry today from investigating interactive technologies that could increase the value of mass media content. By crafting "pass-through" agreements with cable operators, broadcast networks and local broadcasters could potentially enable viewers to interact with their TV content; in essence remote control "click" responses would be forwarded, using the return path of cable, back to the source of broadcast origination. Using this method viewers could click a commercial and that respondent's opted-in "click" data could be captured by the broadcaster. Advertisers, with the broadcaster's permission, could then be provided with TV click-through reports linked to their mass media schedules.
benton.org/node/30403 | RBR.com
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