December 2009

Trade group seeks to stave off cybersecurity mandates

A trade association of major defense, telecommunications and financial services businesses wants Congress and the Obama administration to avoid placing mandates on private companies when it comes to cybersecurity, and instead offer incentives that encourage companies to improve their practices. The Internet Security Alliance on Thursday issued a 70-page report promoting a partnership between the government and private companies that would encourage businesses to view good cybersecurity practices as being in their economic interest. "We will never have a sustainable system of cybersecurity until we change the economic equation that governs it," said Larry Clinton, president of the group. Clinton said the alliance had shared the report with the White House and planned to discuss it later Thursday with Christopher Painter, the National Security Council's cybersecurity director.

Public ranks government healthcare Web sites high in new report

When it comes to healthcare, who runs a better Web site? The government? Pharmecudical companies? Hospitals? ForeSee Results, a company that measures online customer satisfaction, just released its 2009 Healthcare Benchmark report and found that the public thinks the government is doing a much better job when compared to the private sector in most cases.

Children Now
George Washington University, Morton Auditorium
Washington, DC
Dec 14, 2009
9am-12:30pm
http://www.childrennow.org/issues/media/adstudy09_online_form.html

In response to the childhood obesity epidemic and resulting public pressure, companies in the food and beverage industry have pledged to change their marketing practices targeted to children. These pledges, however, are voluntary and allow each company to establish its own standard for determining the nutritional value of its products. Therefore, an independent evaluation of the amount and nutritional quality of food and beverage advertising to children - using established governmental measures of nutritional value - is required in order to determine the actual progress made toward healthier food marketing to children.

Children Now will release a significant new study at a national conference on Monday, December 14, 2009, at The George Washington University's Jack Morton Auditorium in Washington, D.C. At the conference, leading policymakers, industry officials, researchers, children's health advocates and others will gather to discuss the findings and their implications.

If you have any questions, please contact Jeff McIntyre at jmcintyre@childrennow.org



Want Great Broadband Strategy? Get Better Broadband Intelligence

Craig Settles and Adam Elliott
Wednesday, December 16, 2009 4:00 PM - 5:00 PM EST
http://bit.ly/7DlAPt

From coast to coast, everyone wants to bring broadband to their communities. This Webinar shows you how to reach your goals by capturing better broadband data.

Formerly ranked first in the world, the United States has fallen to fifteenth in high-speed Internet penetration. What's it going to take to make us number one again? Better intelligence.

To be successful, we must capture and effectively use accurate data about who does and doesn't have adequate broadband to meet their needs. Local communities, Internet service providers and Federal policy makers need access to comprehensive and granular information about Internet usage in specific geographic areas. To date, this much-needed intelligence has been unavailable.

Please join us for this very important Webinar in which we will discuss how to meet the need for a coordinated local and national broadband strategy, and why access to better Internet usage data is absolutely vital to this effort. Presenting is Craig Settles, a broadband business strategist, marketing expert, author, internationally renowned speaker, and frequent industry resource for news outlets such as CNN, the Wall Street Journal, New York Times, and Time Magazine. Also presenting is Adam Elliott, President of ID Insight, an expert in digital market research and analysis.



Dec 4, 2009 (More on Comcast-NBC Universal)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY DECEMBER 4, 2009

Two events today, both centered on consumers. See http://bit.ly/7CBfOm

Track the Comcast-NBC Universal Joint Venture story here http://bit.ly/8mvahM


COMCAST AND NBC UNIVERSAL
   Comcast, GE to Create NBC Universal Joint Venture (Details, details)
   Comcast Deal For NBCU Is All About Cable
   Comcast, You're in the News Business Now
   Governing the NBCU joint venture
   Comcast-NBC Universal draws concerns by lawmakers, FCC
   FTC and Department of Justice will duke it out to see who gets to review Comcast-NBC
   Comcast-NBCU Opposition Lines Up
   Comcast-NBCU Merger is Bad for Democracy
   Merger plans for Comcast, NBC ignite battle over television access
   Web-TV Divide Is Back in Focus With NBC Sale
   Roberts Says Hulu, TV Everywhere Are Complementary
   Madison Ave.'s Wish List for Comcast-NBCU
   PTC Also Takes Aim At Proposed Comcast-NBCU Combo
   NBC Affiliates Cautiously Pleased With New Network Parent
   Will NBC Universal JV end up AOL-TW part 2?

NATIONAL BROADBAND PLAN AND THE STIMULUS
   Closing the digital divide through broadband expansion
   FCC's Memphis Broadband Hearing Rescheduled
   FCC Seeks Comment on Video Devise Innovation
   Sweden: A Model for the Broadband Future?
   ALA Says Public Libraries Are One Key Solution to Broadband Adoption
   Misunderstanding NTIA: The Good, The Bad, and The Uncertain
   An Open Letter To Blair Levin On The Subject of National Broadband Public Notices

MORE ON BROADBAND
   Bandwidth Meters: First Step Toward Curbing Cord-Cutting?
   "Bandwidth hogs" join unicorns in realm of mythical creatures

WIRELESS AND TELECOM
   A Spectrum Management Framework
   2.5 billion mobile Internet devices by 2014, most not cell phones
   FCC Seeks Comment on Request for Public Safety Spectrum
   Bill Targets Cell Phone Termination Fees
   Telekom Must Open Its Network to Rivals
   VRS Reform Workshop

NETWORK NEUTRALITY
   FCC Workshops on the Open Internet
   Why We Must Have A Free And Open Internet

TELEVISION
   House Passes the Satellite Home Viewer Reauthorization Act of 2009

ADVERTISING
   FTC Renews Call to Entertainment Industry to Curb Marketing of Violent Entertainment to Children

CYBERSECURITY
   DHS completes draft of plan on how to respond to a national cyberattack
   White House cyber coordinator should have budget authority
   Wanted: A Smokey Bear for cybersecurity

GOVERNMENT & COMMUNICATIONS
   Stupak Bill Would Let FCC Commissioners Meet Privately
   Ready for Open Government?

JOURNALISM
   How Google Can Help Newspapers
   Navy SEALs top story online

HEALTH
   Blumenthal: Diverse HIE methods will emerge
   Four-country study finds no cancer link to cellphone usage

MORE ONLINE ...
   Panel Explores Legalizing Net Gambling
   Keeping Sesame Street relevant to today's children
   University turns iPhones into musical instruments
   Website invading your privacy? Bookmark it (and alert the FTC)

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COMCAST AND NBC UNIVERSAL

COMCAST, GE TO CREATE NBC UNIVERSAL JOINT VENTURE
[SOURCE: Comcast, AUTHOR: Press]
Comcast and General Electric have signed a definitive agreement to form a joint venture that will be 51 percent owned by Comcast, 49 percent owned by GE and managed by Comcast. The joint venture will consist of the NBC Universal (NBCU) businesses and Comcast's cable networks, regional sports networks and certain digital properties and certain unconsolidated investments. A major focus of the joint venture will be on development and distribution of multiplatform media that can be received anytime and anywhere, Comcast CEO Brian Roberts said, though he offered few specifics. He said that NBCU's profitable cable networks will complement Comcast's distribution business and increase Comcast's ability to create content. Comcast also announced the creation of Comcast Entertainment Group (CEG), which will house Comcast's interest in the joint venture and will stand alongside Comcast Cable, which operates the company's traditional cable business. Recognizing concerns about a deal of this magnitude, Comcast and GE issued a memo outlining "affirmative voluntary commitments" that will be made in filings to regulatory agencies, commitments to: over-the-air broadcasting, localism, journalistic independence at NBC, children's programming, serving Hispanics, on demand programming, program access rules, and labor. Public Knowledge President Gigi Sohn called the public interest memo "irrelevant." "The letter said only that Comcast would obey existing programming access requirements (which don't apply to terrestrially distributed programming), and would comply with requirements for programming for children. It made no mention of making programming available to other online providers." American Cable Association President Matt Polka said, "Applying a Band-Aid to an ax wound is hardly a solution. Comcast's proposed concessions designed to gain regulatory approval will not achieve the important goal of alleviating all the serious harms that this transaction would cause consumers of small cable and broadband operators."
benton.org/node/30235 | Comcast | Public Interest memo | Info presented to investors | Public Knowledge | New York Times | Computerworld | WashPost | TVNewsCheck | Multichannel News
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COMCAST DEAL FOR NBCU IS ALL ABOUT CABLE
[SOURCE: Broadcasting&Cable, AUTHOR: Claire Atkinson]
Comcast senior management told Wall Street analysts today that their deal for NBC Universal is about taking a bigger share of the recession proof growth story that is cable content. Cable channels will account for 82% of the cash flow of the new NBC Universal entity, the executives said. Brian Roberts, CEO at the Philadelphia-based cable operator predicted that cable revenue would continue to grow significantly. Affiliate fees have been growing at 12% per year, advertising sales have been growing at 7% per year due to increasing ratings. Roberts pointed out that NBC Universal has five channels each with over $200 million in operating cash flow. In a slide, Comcast showed analysts just how well NBC Universals cable channels have been managed for margins. The compound annual growth rate of those cable channels is 16% over the past five years, while Comcast's cable channels have grown 10% over the same period. Comcast's Chief Operating Officer Steve Burke said: "In the last five years affiliate fees have grown 12%. I'm not sure they'll continue to go up, hopefully they'll go up single digits not double, but I think they're going to go up. But even if affiliate revenue goes up in the mid-single digits then it's still a solid leg of the stool."
benton.org/node/30234 | Broadcasting&Cable
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COMCAST, YOU'RE IN THE NEWS BUSINESS NOW
[SOURCE: New York Times, AUTHOR: Brian Stelter]
Welcome to the news business, Comcast. Brian Williams, the anchor of the "NBC Nightly News."With the sale of NBC Universal, the nation's biggest cable operator gains a network news division, two cable news channels, and a set of local stations with long histories covering their communities. With the news assets comes a public service responsibility, one that Comcast said it recognized and respected. NBC's morning show, "Today," and evening newscast, "NBC Nightly News," are among the nation's oldest and most-watched news programs. Until now, Comcast has been an expert at wiring homes for cable, but not in gathering or reporting the news. Its entertainment and sports networks do produce newscasts, though. For the 23 years that General Electric has owned NBC, it has pledged not to influence the network's news programming. Comcast said it would "continue those policies" and "extend these policies to the potential influence of each of the owners."
benton.org/node/30233 | New York Times
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GOVERNING THE NBCU JOINT VENTURE
[SOURCE: TheDeal.com, AUTHOR: Kenneth Klee]
The structure of the NBC Universal joint venture announced Thursday morning by General Electric and Comcast is a tribute to modern dealcraft. Resources are redeployed, capital is redirected, and myriad contingencies are anticipated. General Electric's deal team has been boning up on alternative deal structures for at least a year now, and it shows. But leave it to former NBCU chief Bob Wright to look past the elegant design and get to the heart of the challenge that awaits beyond regulatory review and closing. "It's going to be a management challenge when one party is looking to grow and the other party is looking to get out," says Wright, who nevertheless thinks the deal is good for both sides. Current CEO Jeff Zucker remains in charge. Comcast forms a new unit called Comcast Entertainment Group, which will house Comcast's 51% interest in the joint venture and will be run by Comcast COO Steve Burke. There's a five-member board, with three seats for Comcast and two for GE. No doubt Burke, a veteran of Walt Disney with deep knowledge of the entertainment and broadcast businesses, will hold one of those seats.
benton.org/node/30232 | TheDeal.com
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COMCAST-NBC UNIVERSAL DRAWS CONCERN
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
Lawmakers sent statements after the announcement of the Comcast-NBC Universal deal, calling for hearings on the deal to see if it could hurt consumers with higher prices and less diverse programming. Sen. Herb Kohl (D-WI), who heads the Antitrust and Competition Policy Subcommittee, said he will hold a congressional hearing to assess the merger's impact on diversity in programming and on how people access media content on the Web. Senator Jay Rockefeller (D-WV), chairman of the Commerce Committee, said he has "serious questions" about the deal. "A joint venture of this magnitude would benefit from regulatory oversight. When major media companies swell to control both content and distribution, we need to make sure consumers are not left with lesser content and higher rates." Senate Communications Subcommittee Chairman Senator John Kerry (D-Mass.) said his subcommittee will keep a close watch on a Comcast/NBCU deal. House Commerce Committee Chairman Henry Waxman (D-CA) wants hearings on Comcast/NBCU "at the earliest practicable date." He said he would work with Communications Subcommittee Chairman Rick Boucher (D-VA) to schedule the hearings. House Judiciary Committee Chairman John Conyers (D-MI) said his committee will need to scrutinize the deal as well. The Federal Communications Commission, which will review the merger along with antitrust regulators, issued a brief statement saying it will give the deal a thorough review. "The FCC will carefully examine the proposed merger and will be thorough, fair, and fact-based in its review," said spokeswoman Jen Howard. FCC Commissioner Michael Copps said, "The push to combine content and distribution continues and, as the economy recovers, we will see more proposed media industry combinations. While I look at each proposed transaction on its individual merits, my long-standing skepticism about the harms imposed by so few controlling so much persists. And this particular transaction raises a multitude of important questions: What is its impact on the prices consumers will pay? Would the combination mean more newsrooms (but perhaps fewer reporters) controlled by one entity? How would the transaction affect minorities and diversity on the airwaves? Would this merger lead to fewer voices on both traditional and new media? Does the nature of the transaction make even more urgent the need for FCC network neutrality rules? What about the future of competition in the several markets these companies serve?"
benton.org/node/30231 | Washington Post | Broadcasting&Cable | FCC Commissioner Michael Copps | Chairman Waxman | Chairman Rockefeller | B&C Judiciary
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FTC OR JUSTICE TO TEAM WITH FCC ON MERGER REVIEW
[SOURCE: Washington Post, AUTHOR: Joe Flint]
There may be a tug-of-war brewing in Washington (DC) over whether the Federal Trade Commission or the Justice Department will join the Federal Communications Commission in reviewing Comcast's deal to take control of General Electric Co.'s NBC Universal. Public advocacy groups are already making noise that the Comcast-NBC entity would have too much power over content and distribution and would need severe restrictions. Neither the FTC nor the Justice Department would comment on who should review the transaction. Since the marriage of Comcast and NBC brings together the nation's largest cable and broadband provider with a major content provider whose assets include NBC, Telemundo and USA Network, Bravo, MSNBC and CNBC, both can make a case for it. If recent history is any guide, the Justice Department might have the inside track. It reviewed Liberty's purchase of DirecTV, is handling the merger of Live Nation and Ticketmaster and also oversaw Disney-ABC and Viacom-CBS. The FTC, however, did review AOL and Time Warner. Considering how that one worked out, maybe Comcast and NBC should root for the Justice Department to get their deal. Typically, the FTC and the Justice Department would figure out between themselves who has dibs on the deal. Both would not get involved because that would be overkill. In the unlikely scenario they can't decide amongst themselves and decide not to flip a coin, then the administration would probably step in and make the choice for them. With regards to Congress, the likely first stop for Comcast and NBC will be the Senate Judiciary Committee's antitrust subcommittee. A hearing could be held on the deal before the end of the year. The subcommittee is chaired by Sen. Herb Kohl (D-WI.), who in the past has expressed concern about the way cable programmers bundle their channels together to operators.
benton.org/node/30230 | Washington Post
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COMCAST-NBCU OPPOSITION LINES UP
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The response out of Washington Thursday was swift to the announcement of the Comcast/NBCU deal and the promises the company made to make it more palatable in Washington. Free Press, the Consumer Federation of America, and Public Knowledge all have concerns about the union. Analysts at investment firm Stifel Nicolaus early on said they expect a Comcast/General Electric jointly owned NBC Universal to pass government muster. They argue that while they expect the Department of Justice to be "more open" to concerns about vertical integration -- owning both the content and the distribution -- it would be tough to establish that the combo would be sufficiently anticompetitive" to warrant blocking the deal. They suggested baseball-style arbitration for disputes over regional sport nets, collective bargaining for small cable operators and program access guarantees as likely precedent for those conditions. They also pointed to the rise of AT&T and Verizon as video competitors who would likely push hard for conditions, as well as online video interests like Hulu, in which NBCU has a stake, as factors that would complicate the analysis. Stacey Higginbotham writes that regulators will likely require non-discrimination clauses that mean Comcast won't be able to block access to certain content for other pay-TV providers or ISPs in search of a competitive advantage. But by simply owning the assets Comcast is able to profit off the fees paid for its cable channels by its competitors who want to carry those channels. It's worthwhile to note that in a letter detailing its commitment to the public interest, Comcast focuses mostly on appeasing worries about consolidation in the current media landscape of pay-TV, rather than making promises about the new media landscape of web TV. Simply by owning these assets, Comcast could take a significant chunk of them off the web, or put them behind its TV Anywhere efforts, now dubbed Xfinity, under its control.
benton.org/node/30229 | Broadcasting&Cable | Stacey Higginbotham | Free Press | Public Knowledge
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COMCAST-NBCU BAD FOR DEMOCRACY
[SOURCE: The Huffington Post, AUTHOR: Marvin Ammori]
[Commentary] The Comcast-NBC Universal deal is more than a routine business story. The merger signifies massive media consolidation. This consolidation gives one company -- Comcast -- enormous control over the speech shaping Americans' lives and shaping our democracy. The merger puts Comcast in control of MSNBC (a 24 hour news channel with an enormous impact on public opinion), CNBC (which impacts public opinion about Wall Street, now a hotly debated political question), NBC network (whose nightly news show averages eight million viewers, many times that of cable shows like those on Fox News), and 27 television stations (which generally have programs covering local news). Putting so much power in the hands of one company -- and, specifically, its executives -- is dangerous for a democracy. How? Targeted private censorship, structurally closing out independents, and favoring one-way communications.
benton.org/node/30228 | Huffington Post, The | Michael Wolff
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NATIONAL BROADBAND PLAN AND THE STIMULUS

CLOSING THE DIGITAL DIVIDE THROUGH BROADBAND EXPANSION
[SOURCE: The Hill, AUTHOR: Rep Doris Matsui (D-CA)]
[Commentary] The American way of life has changed dramatically since my youth, due in large part to our ability to communicate instantly via the Internet. However, not every American family can afford up to $60 per month for broadband services at home, putting themselves and their children at a disadvantage. ??Today, young and old Americans look to the Internet to provide necessary information to succeed and in-home broadband service offers an immediate wealth of knowledge to their door. I have introduced the Broadband Affordability Act in the House of Representatives. If enacted, a broadband Lifeline Assistance program will be established under the Federal Communications Commission (FCC) within the already-existing framework of the Universal Services Fund (USF) to create a program for universal broadband adoption similar to the current USF lifeline assistance program. As a result, we will expand affordable broadband access in urban and rural areas, particularly for low-income households, and help close the digital divide for millions of Americans. As the bill is being considered by the Energy and Commerce Committee, I am working with my colleagues to illustrate the need amongst low-income Americans for this critical service. The bill has been endorsed by the Communications Workers of America (CWA), and just this week, the Board of Directors of the National Association of Regulatory Utility Commissioners (NARUC) unanimously adopted a resolution supporting this important legislation at its annual meeting in Chicago.
benton.org/node/30265 | Hill, The
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FCC'S MEMPHIS BROADBAND HEARING RESCHEDULED
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission field hearing on digital inclusion in Memphis (TN) has been rescheduled for Monday, December 14. The original date was Saturday, Dec 5.
benton.org/node/30264
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FCC SEEKS COMMENT ON VIDEO DEVISE INNOVATION
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission is requesting public comment on how the FCC can encourage innovation in the market for video devices that will assist the Commission's development of a National Broadband Plan. As the popularity of IP delivery of video continues to increase, the FCC believes that new applications will emerge, Internet use will increase, consumers will have more viewing options, and more viewers will want to access Internet content on their televisions. The convergence of the television and content delivered by IP makes this a critical time to promote innovation in set-top devices that could support the Commission's effort to drive broadband adoption and utilization. Accordingly, the FCC wishes to consider taking an active role in formulating a solution that will spur the development of a retail market for nationally portable video devices that will work across all delivery platforms, including MVPD platforms and broadband-based video platforms. The FCC asks: 1) A. What technological and market-based limitations keep retail video devices from accessing all forms of video content that consumers want to watch? 2) Would a retail market for network agnostic video devices spur broadband use and adoption and achieve Section 629's goal of a competitive navigation device market for all MVPDs? 3) Can the home broadband service model be adapted to allow video networks to connect and interact with home video network devices such as televisions, DVRs, and Home Theater PCs via a multimedia home networking standard? 4) What obstacles stand in the way of video convergence? Comments are due Monday, December 21, 2009.
benton.org/node/30263 | Federal Communications Commission | B&C
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SWEDEN: A MODEL FOR THE BROADBAND FUTURE
[SOURCE: GigaOm, AUTHOR: Stacey Higginbotham]
Sweden's telecoms regulator recently issued a report detailing how openness in broadband infrastructure affects competition. Sweden is a leader in broadband penetration, has some of the lowest average monthly high-speed Internet costs, and is boosting its fiber penetration. Access to dark fiber is a key roadblock to openness and thus, innovation, the report found, and suggests that the government take a complementary role in promoting a fiber infrastructure. It also suggests that the lock-in periods and high fees for terminating a broadband contract slow innovation because unhappy consumers can't "vote with their feet." The final roadblock is a lack of spectrum for mobile broadband access.
benton.org/node/30262 | GigaOm
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PUBLIC LIBRARIES AND BROADBAND ADOPTION
[SOURCE: BroadbandBreakfast.com, AUTHOR: ]
The American Library Association on Wednesday submitted comments (PDF) to the Federal Communications Commission addressing broadband adoption. The ALA filed the comments in response to the FCC's call for input about adoption as it relates to the National Broadband Plan. The comments seek to address concerns about measuring broadband adoption, the societal cost of non-adopters, and identifying and remedying barriers to adoption. The ALA focused on the role that public libraries can play, not only improving access to broadband, but increasing digital literacy and breaking down those barriers to adoption. Libraries have a long history of tailoring their services to meet the needs of patrons and helping citizens participate in a digital world simply follows that pattern, the ALA said. "Access to broadband alone does not constitute adoption. There are three factors that must be present to ensure adoption: 1) ease of use, 2) individual comfort with technology, and 3) an ability to find, utilize, and, increasingly, create relevant content."
benton.org/node/30223 | BroadbandBreakfast.com
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AN OPEN LETTER TO BLAIR LEVIN
[SOURCE: Tales from the Sausage Factory, AUTHOR: Harold Feld]
Uncle! Twenty-six public notices in the National Broadband Plan proceeding are too many. For us policy wonks, it has been something like being a kid in a candy store with all the new data coming in and genuine interest on the part of staff to review data and discuss it on the merits. This, in turn, has encouraged many parties to bring substantive data and arguments to the table rather than simply rehash the same thin gruel of talking points over and over. In all seriousness, you (and everyone else involved) should be proud of your accomplishments on the process side. But, like a kid in a candy store, we are starting to get something of a stomach ache here. Because the plan is due February 17, 2010, the time frames on these Public Notices are very short. Worse, because you have now pared things down from the very high-level general questions to the much more interesting and specific questions, the Public Notices require significant expenditure of resources and time to develop meaningful responses. It does no good to ask very interesting questions if no one has time to give meaningful answers. This, in turn, runs the risk of diminishing the benefits of an excellent process. Too many Public Notices advantages the companies that have the resources to continue to respond at the rate required. As with all things, there are trade offs between having a process designed to solicit the best information and a process that allows for meaningful participation for everyone.
benton.org/node/30260 | Tales from the Sausage Factory | full list of Public Notices
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MORE ON BROADBAND

BANDWIDTH METERS TO CURB CORD-CUTTING?
[SOURCE: MediaPost, AUTHOR: Wendy Davis]
Comcast is experimenting will bandwidth meters, allowing customers to track consumption which is bound to go up as people increasingly download video and as broadband speeds increase. In fact, it's not hard to imagine that Comcast's current 250GB cap will one day be laughably inadequate. At the same time, cable companies like Comcast have an obvious incentive to discourage online video consumption: If people can watch programs for free on Hulu, why would they pay for cable TV subscriptions? One way of curbing cord-cutting is by imposing low bandwidth caps or charging for metered access. So far, efforts of Internet service providers to do so have met with significant consumer pushback. Metered billing or bandwidth caps wouldn't be troubling in themselves if there was more competition among ISPs. But many people only have a choice of two broadband connections -- a cable modem or DSL line. Given the dearth of options, and the logistical difficulties associated with changing providers, a decision by a cable company to triple the cost of Web access could effectively hinder many people's ability to use the Internet.
benton.org/node/30242 | MediaPost
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DO "BANDWIDTH HOGS" EXIST?
[SOURCE: ars technica, AUTHOR: Nate Anderson]
There's a spectre haunting Internet service providers—the spectre of the "bandwidth hog." But does the mythical beast really exist? One telecom analyst is dubious, and he's calling out the ISPs. Benoit Felten is a Yankee Group analyst who covers fiber to the home issues from Paris, but his "bandwidth hog" challenge is a product of his personal blog, fiberevolution. Felten is a knowledgeable voice on fiber issues, and his blog reliably makes for an interesting read, but it rarely takes the adversarial tone it struck recently. Felten's basic critique concerns bandwidth caps—not because they exist, but because he sees them as disingenuous. Carriers can use them as a way to control bandwidth and wean people away from what the marketing department implicitly promises: all-you-can-surf Internet access for one monthly fee. The caps are sold as cutting off "bandwidth hogs" who use "more than their fair share," but Felten's take is that ISPs really have no idea if these people are causing any sort of actual congestion at all.
benton.org/node/30268 | Ars Technica | Benoit Felten
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WIRELESS AND TELECOM

A SPECTRUM MANAGEMENT FRAMEWORK
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Meredith Baker]
Speaking at a Phoenix Center event, Federal Communications Commission member Meredith Attwell Baker offered her take on how US spectrum allocation policy should change. She said, "The United States needs a comprehensive approach that expands upon proven flexible, market-oriented policies that facilitate spectrum access, wireless innovation and competition. Our policy should achieve two overarching objectives: first, make the best use of the spectrum that is available today and, second, get as much additional spectrum into the market as possible to meet the current and future demands of wireless consumers." The first step is a comprehensive inventory of how government and industry use spectrum today. Then the Commission must develop a comprehensive and strategic spectrum management framework. She said her approach is to "first identify the objective, then look to the statute and to Congress, consider the context, and weigh the costs and benefits." Commissioner Baker called for a comprehensive look at our secondary market rules. Initially developed to encourage deployments in unserved and underserved areas, she explained, the secondary market rules have been an evolving tool for providers that may not be attracting the level of investment initially envisioned. The FCC needs to take another look. It needs to ask what the Commission can do to stimulate secondary market transactions that enhance the efficient use of existing spectrum allocations. She asked: Could they be modified to provide incentives that would encourage additional deployments? Within this discussion, what is the potential role of spectrum leasing? Is interference trading a concept that could help improve spectrum policy? Are there policies that would encourage dynamic spectrum access and cognitive radio technologies and other innovative tools yet to be developed? She suggested an update of existing spectrum allocations and service rules. Decades-old service-specific and technology-specific allocations have splintered our spectrum, delayed implementation of tremendous innovation and arguably resulted in inefficiencies. Resolving those inefficiencies could be one of the keys to unlocking additional value in our current spectrum allocations.
benton.org/node/30259 | Federal Communications Commission
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2.5 BILLION NET DEVISES
[SOURCE: TelephonyOnline, AUTHOR: Sarah Reedy]
There will be 2.5 billion connected data-centric devices in use worldwide by 2014, but more than half will not be mobile phones, and many will not be sold by carriers, according to new research from ABI Research. These devices, including laptops, netbooks, eReaders, portable navigation devices (PNDs), mobile media players, mobile gaming devices and digital cameras, will make up 1.5 billion of the wirelessly connected devices on the market in 2014. This non-handset category of devices will blur the service provider line even further, giving wireless operators a run for their money
benton.org/node/30258 | TelephonyOnline
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REQUEST FOR PUBLIC SAFETY SPECTRUM
[SOURCE: Federal Communications Commission, AUTHOR: ]
On October 1, 2009, the National Public Safety Telecommunications Council (NPSTC) filed a Petition for Rulemaking recommending that the FCC make available for public safety use spectrum allocated for the 900 MHz Narrowband PCS service. NPSTC contends that, although the FCC initially envisioned deployment of commercial two-way messaging and paging onto the spectrum, those applications have migrated onto advanced cellular services spectrum. NPSTC recommends that the FCC conduct an audit of the 900 MHz Narrowband PCS spectrum, recover unused or lightly used channels, and make channels available for public safety use. The FCC now seeks comment on its Petition for Rulemaking. Comments on the request are due no later than January 8, 2010. Reply comments are due no later than January 25, 2010. All filings should reference the docket number of this proceeding, WT Docket No. 09-217.
benton.org/node/30225 | Federal Communications Commission
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EARLY TERMINATION FEES
[SOURCE: CongressDaily, AUTHOR: Juliana Gruenwald]
Sen. Amy Klobuchar (D-MN) introduced legislation Thursday that would set limits on the termination fees that wireless providers can charge their customers for cancelling their wireless contracts early. Under the bill, providers would be barred from charging an early termination fee that is higher than the cell phone discount the wireless company offered a customer to enter into a multiyear contract, required to pro-rate the early termination fees for consumers when they opt out of their contracts early, and required to provide "clear and conspicuous disclosure" of the early termination fee rates. Sens Russ Feingold (D-WI), Jim Webb (D-VA) and Mark Begich (D-Alaska) co-sponsored.
benton.org/node/30257 | CongressDaily
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TELEKOM MUST OPEN ITS NETWORK
[SOURCE: New York Times, AUTHOR: Kevin O'Brien]
The top European court on Thursday overruled an attempt by German regulators to allow Deutsche Telekom, the former state-run phone monopoly, to ban competitors from having access to its new high-speed broadband network. The European Court of Justice in Luxembourg sided with the European Commission, which had sued Germany over a 2006 national law that granted Deutsche Telekom a "holiday" from European Union regulations for its 3 billion euro ($4.5 billion) fiber optic network. The commission, which had criticized the German regulator, the Bundesnetzagentur, for endorsing the exemption, called the court's decision an affirmation that regulatory "holidays" were illegal.
benton.org/node/30267 | New York Times
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NETWORK NEUTRALITY

FCC WORKSHOPS ON THE OPEN INTERNET
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission (FCC) today announced that Commission staff will hold an initial round of public workshops in December and January as part of the open Internet Notice of Proposed Rulemaking (NPRM). These workshops will explore issues raised in the proceeding, including the technical realities of broadband networks and the impact of the Internet's openness on various interests, including speech, democratic engagement, consumers, innovation, and investment. The dates, locations, and topics for additional spring workshops on the open Internet rulemaking will be announced in early 2010. The first public workshop -- part of the Technical Advisory Process -- will address basic technical issues relevant to the proceeding and will occur on Dec. 8, 2009 starting at 10 a.m. in the Commission meeting room. It will be followed by a workshop on speech, democratic engagement, and the open Internet on Dec. 15, 2009 starting at 1 p.m. in the Commission meeting room. In January, Commission staff will hold two additional workshops: one on innovation, investment, and the open Internet, and the other on consumers, transparency, and the open Internet.
benton.org/node/30256 | Federal Communications Commission
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WHY WE MUST HAVE A FREE AND OPEN INTERNET
[SOURCE: Forbes.com, AUTHOR: Lynn St. Amour]
[Commentary] Julius Genachowski, the chairman of the Federal Communications Commission, recently stated that broadband Internet providers must never be allowed to "discriminate against particular content and applications." As a result, the FCC has begun taking steps toward implementing rules aimed at keeping the Internet free and open. This is crucially important. Here's why. It is happening in the context of a debate over the concept of "network neutrality." Network neutrality means that the businesses and organizations that provide Internet service should not care how people use it, or what applications they run. Net neutrality has various implications for the business relationships between companies like Google and Hulu, and for companies that provide Internet service, such as AT&T, Comcast and Verizon.
benton.org/node/30255 | Forbes.com
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TELEVISION

SHVRA PASSES IN HOUSE
[SOURCE: House of Representatives Commerce Committee]
On December 3, the House of Representatives passed by a vote of 394-11 the Satellite Home Viewer Reauthorization Act of 2009 (H.R. 3570). The bill combines the House Commerce and Judiciary versions and reauthorizes the satellite compulsory license for carriage of distant network affiliate TV station signals for another five years, a license that expires at the end of the year unless a new bill, or a stopgap extension, is passed. It also deals with some cable carriage and various copyright issues, including an audit process for copyright owners so they can make sure they get the royalties they are entitled to, stiffer penalties for infringement and clarification that their royalties apply to digital multicast streams carried by satellite. The bill must now either be reconciled with two different Senate versions, or the Senate could vote to approve the House version. Either way, something has to happen or the satellite license to carry distant TV network signals expires at year's end.
benton.org/node/30254 | House of Representatives Commerce Committee | Text of bill | Broadcasting&Cable
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ADVERTISING

FTC STUDY ON MARKETING VIOLENT ENTERTAINMENT TO KIDS
[SOURCE: Federal Trade Commission, AUTHOR: Press release]
Marketers of violent music, movies, and video games can do more to restrict the promotion of these products to children, according to the seventh in a series of Federal Trade Commission reports on marketing violent entertainment to children. The FTC's report states that the music industry still has not adopted objective marketing standards limiting ad placement for explicit-content music. As a result, the industry still advertises music labeled with a Parental Advisory Label (PAL) on television shows viewed by a substantial number of children. Music retailers routinely sell labeled music to unaccompanied teens. The report also finds that movie studios intentionally market PG-13 movies to children under 13, and the movie industry does not have explicit standards in place to restrict this practice. The growing practice of releasing unrated DVDs undermines the rating system, and confuses parents. Both the video game and movie industries can do more to limit ad placement on Web sites that disproportionately attract children and teens, according to the report.
benton.org/node/30253 | Federal Trade Commission | Broadcasting&Cable
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Merger plans for Comcast, NBC ignite battle over television access

The Comcast-NBC Universal deal would create a new kind of media colossus that would not only produce some of America's most popular entertainment but also control viewers' access to it. The roughly $30 billion deal set off immediate reaction from consumer groups and lawmakers in Washington, heralding an epic regulatory battle over concentrating so much power in one company. Almost one in four cable subscribers in the U.S. is a Comcast customer. Critics worry that the consolidation of the two big companies could drive up cable TV bills and make some content off limits to anyone who doesn't subscribe to Comcast's services. The Philadelphia company has said it wants to keep NBC and Universal entertainment available to the widest possible audience. It did not address the cost issue on Thursday. The deal also must overcome the poor track record of previous mergers between media giants, most notably the disastrous pairing of AOL and TimeWarner. Public interest groups are particularly concerned about the deal's impact on the nascent but growing market for online video, where new operators such as Hulu, YouTube and Netflix are changing the media landscape with free or low-priced products. Analysts say the merger will be a test for how regulators will deal with the Internet video market, which doesn't fall directly under the Federal Communications Commission's jurisdiction. But the agency is exploring competition in online video, and it could use the merger to implement conditions that would set guidelines for the burgeoning market.

Web-TV Divide Is Back in Focus With NBC Sale

For 60 years, TV could be watched only one way: through the television set. Now, though, millions watch on demand and online on network Web sites like ABC.com and on the Internet's most popular streaming hub, Hulu.com. How people watch TV on demand — and whether they should pay for the privilege — is a critical issue in the landmark deal, announced Thursday, that will give Comcast control of NBC Universal. In the deal, Comcast will become a co-owner of Hulu. Comcast, the country's largest cable operator, has already been using its considerable muscle to limit how many shows are available online, lest people think they can cancel their costly cable subscriptions and watch free online. Now the company — which, if the NBC deal passes government muster, will own a piece of the biggest site that threatens to undercut its core business — is looking for ways to charge for ubiquitous access to shows. With millions now watching TV on their computers, can the media companies put the Hulu genie back in the bottle?

"Bandwidth hogs" join unicorns in realm of mythical creatures

There's a spectre haunting Internet service providers—the spectre of the "bandwidth hog." But does the mythical beast really exist? One telecom analyst is dubious, and he's calling out the ISPs. Benoit Felten is a Yankee Group analyst who covers fiber to the home issues from Paris, but his "bandwidth hog" challenge is a product of his personal blog, fiberevolution. Felten is a knowledgeable voice on fiber issues, and his blog reliably makes for an interesting read, but it rarely takes the adversarial tone it struck recently. Felten's basic critique concerns bandwidth caps—not because they exist, but because he sees them as disingenuous. Carriers can use them as a way to control bandwidth and wean people away from what the marketing department implicitly promises: all-you-can-surf Internet access for one monthly fee. The caps are sold as cutting off "bandwidth hogs" who use "more than their fair share," but Felten's take is that ISPs really have no idea if these people are causing any sort of actual congestion at all.

Telekom Must Open Its Network to Rivals

The top European court on Thursday overruled an attempt by German regulators to allow Deutsche Telekom, the former state-run phone monopoly, to ban competitors from having access to its new high-speed broadband network. The European Court of Justice in Luxembourg sided with the European Commission, which had sued Germany over a 2006 national law that granted Deutsche Telekom a "holiday" from European Union regulations for its 3 billion euro ($4.5 billion) fiber optic network. The commission, which had criticized the German regulator, the Bundesnetzagentur, for endorsing the exemption, called the court's decision an affirmation that regulatory "holidays" were illegal.

Four-country study finds no cancer link to cellphone usage

A large new study is the latest to find no link between rising cellphone use and rates of brain cancer. Researchers in four Scandinavian countries found no increase in brain tumor diagnoses from 1998 to 2003, when cellphone use in those countries grew sharply, according to a study published online Thursday in the Journal of the National Cancer Institute.