March 2010

Sen Leahy Wants Nominees To Privacy Board

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) is once again urging President Barack Obama to appoint members to the Privacy and Civil Liberties Board, which has been languishing since it was first created in 2004.

Chairman Leahy and Sen Arlen Specter (D-PA) first wrote President Obama last year urging him to move quickly to appoint new members to the board. The five-member board was recommended by the commission that investigated the Sept. 11, 2001 terrorist attacks and was constituted in 2005. Sen Leahy worked in 2007 to revise the board, making it an independent panel and requiring its members be confirmed by the Senate. He also secured funding for the board last year. However, the Senate failed to confirm members nominated by then-President George W. Bush before the terms of its members expired in 2008.

Public Interest Section 257 Letter - March 8 2010

March 8, 2010

Hon. Julius Genachowski
Chairman
Federal Communications Commission
445 Twelfth Street, SW
Washington, DC 20554

Re: Ex Parte Submission

GN Docket No. 09-51 (National Broadband Plan)
GN Docket No. 10-25 (Future of Media)
MB Docket No. 07-294 (Broadcast Diversity)

Dear Chairman Genachowski:

The undersigned organizations have long fought for increased diversity in the media and communications landscape, including the increased representation of people of color and women, so that the composition of our public discourse, news, entertainment, and communications infrastructure might truly reflect our nation's rich cultural fabric. Today, we renew our call for the Commission to continue making increased diversity a top priority, in fulfillment of your statutory mandate to "promote the policies and purposes" of the Communications Act that "favor[ ] diversity of media voices, vigorous economic competition, technological advancement, and promotion of the public interest, convenience, and necessity."1

As you know, Congress requires a review every three years of the Commission's efforts to promote opportunities for "the provision and ownership of telecommunications services and information services" by entrepreneurs and other small businesses.2 Section 257 instructs the Commission not only to report on any "market entry barriers for [such] entrepreneurs and other small businesses" but also to eliminate such barriers.3 The Commission's emphasis in such endeavors must include enhancing representation in media and telecommunications for typically marginalized communities and underrepresented populations. Thus, Section 257 must be read in conjunction and in harmony with the Commission's obligation to promote the dissemination of licenses to "businesses owned by members of minority groups and women."4

Twenty-three civil rights and media reform organizations recently wrote you to express concern that communities of color still face numerous barriers to entry of precisely the kind that Section 257 directs the Commission identify and address.5 These barriers to diversity have of late only grown larger, due to a variety a factors including economic recession, industry practices and public policies that have ignored or even widened the digital divide, and increased concentration in media and telecommunications ownership. We note at the outset that, according to the Commission's website, you have circulated an item to the full Commission to begin the mandatory triennial Section 257 inquiry.6 A full two months later, this critical item remains pending. We call upon all of the Commissioners to focus on the pending Section 257 item, and urge your continued leadership in quickly facilitating a vote on this item.

You have championed initiatives to spur availability of broadband and adoption in communities of color and Native American communities. As always, the undersigned applaud the Commission for its ongoing efforts to bring attention to and then resolve such issues. We join our friends and colleagues at Native Public Media and the National Congress of American Indians in lauding the Commission's decision to establish a new "Tribal Priority" in the broadcast licensing process that should result in new Tribally owned radio stations. Similarly, you announced last week new Commission efforts made part of the National Broadband Plan to increase broadband adoption in Tribal communities, and indicated that the plan will recommend considering expansion of the Tribal licensing priority policy to fixed and mobile wireless licenses.7

These kinds of decisions fulfill the goals of Section 257 and other provisions in the Act by promoting diversity, localism, access, adoption, new entry, and the public interest. We also congratulate the Commission for appointing Mark Lloyd as Associate General Counsel and Chief Diversity Officer, and encourage you to rely on his immense talent, experience, and expertise in these matters. Nevertheless, we are compelled to note that much work remains - both in implementing the National Broadband Plan and in an array of Commission proceedings - to continue promoting equal opportunities for all Americans, including people of color and other historically under-served communities.

For instance, the Commission should act promptly to set a new filing date for the revised ownership Form 323. Since 1998, the Commission has required broadcast licensees to report race, ethnic origin, and gender data on Form 323 to (1) allow the Commission to determine accurately the state of minority and female ownership, (2) determine the need for measures designed to promote ownership by minorities and women, and (3) gauge the success of any such measures adopted by the Commission.8 Many of the undersigned organizations, as well as others, have pointed out deficiencies in the Commission's information-gathering on these topics. For example, in detailed studies and comments filed in 2006 and 2007,9 signatories to this letter demonstrated that the Commission collected data in a way that it made it unusable for its intended purposes. Thus, in May 2009, after soliciting extensive public comment, the Commission revised Form 323 to obtain more accurate data on minority and female ownership and set November 1, 2009, as the filing date for the revised form.10 The Commission subsequently extended the filing deadline several times while it responded to petitions for reconsideration and comments filed at the OMB, and set a new deadline of January 11, 2010. Then, after a meeting with industry representatives who complained about technical difficulties with the electronic filing, the Commission suspended the filing date indefinitely.11

Given the Commission's commitment to make decisions that are "fact-based and data driven" the Commission should take immediate steps to address any remaining technical problems and set a new filing date for Form 323.

Other issues in both the media and broadband sectors are likewise most worthy of the Commission's renewed attention. Such attention and action must include explicit recognition that the decisions made in these proceedings will have a direct impact on communities of color and others who still face obstacles to participation. The Commission will soon launch its 2010 quadrennial media ownership review - hopefully, to be informed by the new data that collection of Form 323 will yield. We call on the Commission to address in that review and its Future of Media proceeding the structural barriers that historically and presently hinder people of color and women from owning broadcast stations, and echo the demand for increased inclusion of representatives from such communities in Commission workshops on these issues.

We also urge the Commission to examine closely the impact that the proposed Comcast-NBC joint venture would have on diversity of media voices and ownership opportunities. The proposed combination could make barriers to entry even higher for people of color and women seeking to own broadcast or cable outlets, or those who supply video programming and online content for such outlets, by allowing the creation of an even larger and more powerful, vertically integrated media gatekeeper.

Within the context of the National Broadband Plan, we agree that the Commission must focus explicitly on proposals to increase adoption and close intractable digital divides. To accomplish these aims, the Commission must increase competition in the broadband market, and also must transform the Universal Service Fund to provide explicit support for broadband deployment and adoption through changes to the High Cost, E-Rate, and Lifeline/Link-up mechanisms.

Finally, we ask that the Commission move forward on the National Hispanic Media Coalition's petition of inquiry requesting study of the growing presence of hate speech on our public airwaves and the impact of such discourse on our society.

All of these issues are of paramount importance and must not be set aside while the Commission focuses on other tasks. We would welcome an opportunity to continue this discussion with each of the Commissioners and Commission staff, and look forward to fostering a dialogue in which the undersigned groups and our allies in the civil rights community can be assured that issues affecting people of color and women will receive the Commission's focused attention. It is critical to our national interests for the Commission to address, expressly and head-on, the readily apparent lack of diversity throughout our media and communication systems.

Respectfully submitted,
Afro-Netizen

Alliance for Community Media

Benton Foundation

Prof. Angela J. Campbell, Georgetown Law

The Center for Media Justice

Center for Rural Strategies

Free Press

Main Street Project

Media Access Project

Media Alliance

Mountain Area Information Network

National Alliance for Media Arts & Culture

National Association of Hispanic Journalists

National Federation of Community Broadcasters

Public Knowledge

Reclaim the Media

Texas Media Empowerment Project

United Church of Christ,

Office of Communication, Inc.

U.S. Public Interest Research Group

1 47 U.S.C. § 257(b).

2 Id. § 257(a).

3 Id. § 257(a), (c).

4 Id. § 309(j)(3)(B); see also Section 257 Report to Congress, Report, 15 FCC Rcd 15376, ¶ 55 (2000).

5 See Letter from Asian American Justice Center et al. to Hon. Julius Genachowski, GN Docket No. 09-51 (filed Feb. 16, 2010).

6 See FCC Items on Circulation, http://www.fcc.gov/fcc-bin/circ_items.cgi (last visited March 8, 2010) (noting January 8, 2010, circulation date for "Section 257 Triennial Report to Congress Identifying and Eliminating Market Entry Barriers and Other Small Businesses").

7 See "Chairman Genachowski Highlights Strategy for Increasing Broadband Access in Indian Country," Release (Mar. 2, 2010), available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296644A1.pdf; Prepared Remarks of FCC Chairman Julius Genachowski to the National Congress of American Indians, Mar. 2, 2010, available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296645A1.pdf.

8 1998 Biennial Regulatory Review—Streamlining of Mass Media Applications, Rules & Processes; Policies & Rules Regarding Minority & Female Ownership of Mass Media Facilities, Report & Order, 13 FCC Rcd 23056 (1998).

9 See, e.g., "Out of The Picture 2007: Minority & Female TV Station Ownership in the United States," http://www.freepress.net/files/otp2007.pdf; Comments of Office of Communication of the United Church of Christ, Inc. ("UCC"), the National Organization for Women Foundation ("NOW"), Media Alliance, Common Cause, and the Benton Foundation, MB Docket No. 06-121, at 11 (filed Oct. 1, 2007).

10 Promoting Diversification of Ownership In the Broadcasting Services, Report and Order & Fourth Notice of Proposed Rulemaking, 24 FCC Rcd 5896, ¶ 12 (2009).

11 Promoting Diversification of Ownership In the Broadcasting Services, MB Docket No. 07-294 et al., Order, DA 09-2618, ¶ 1 (rel. Dec. 23, 2009).

Internet TV Network TV Worldwide
Wednesday, March 10, 2010
2:00 PM - 3:00 PM ET
http://www.tvworldwide.com/events/broadbandpolicy/100310/

The interactive live webcast will feature Blair Levin, Executive Director of the FCC's Omnibus Broadband initiative, who will join hosts Jim Baller and Marty Stern to discuss the latest thinking on repurposing broadcast spectrum for wireless broadband as part of the National broadband Plan, and how the idea has evolved since it was raised in late 2009.

The program will also include a live, spirited discussion with broadband proponent Michael Calabrese of the New America Foundation, David L. Donovan of the Association for Maximum Service Television for the broadcast industry, and industry analyst Jeffrey S. Silva of Medley Global Advisors. The panel will also take questions from the online audience in this live, interactive event.

This program is the second in a series of live broadband webcasts carried on TV Worldwides recently-launched BroadbandUS TV (www.BroadbandUS.TV) Internet TV channel, being produced in association with K&L Gates and the Baller Herbst Law Group, and is a follow-on to February 12, 2010 webcast on the latest funding round of the Broadband Stimulus which generated strong industry interest and attendance. BroadbandUS TV is dedicated to providing interesting, stimulating and balanced video programming relevant to broadband policy and industry issues, and will feature upcoming events on the release of the National Broadband Plan and the Open Internet debate, as well as the near-term launch of its video blog.



Wednesday, March 10, 2010
10 am

Markup of:

  1. H.R. 3125, The Radio Spectrum Inventory Act;
  2. H.R. 3019, The Spectrum Relocation Improvement Act Of 2009; And
  3. H.R. 1285, The Truth In Caller ID Act Of 2009


March 9, 2010 (Broadband plan must spur competition)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, MARCH 9, 2010

America's Digital Inclusion Summit headlines a busy telecom policy day http://bit.ly/bGaQXo


NATIONAL BROADBAND PLAN
   FCC broadband plan: It must spur competition
   Networking the Green Economy: How Broadband and Related Technologies Can Build a Green Economic Future
   FCC Has Legal Obligation to Preserve Free TV
   The Economic Impact of Digital Exclusion
   The poor care about broadband

THE STIMULUS
   Treasury Department says broadband stimulus capital expenditures will not be counted as taxable gross income
    See also: NARUC Asks For Clarification on Broadband Grant Tax Status
   Stimulus Stories: Telecom veteran Evslin readies Vermont for Round 2 -- and Google
   KeyOn Communications Drops in Value on Broadband Stimulus Rejection

MORE ON BROADBAND
   The Reclassification Debate, Part II
   Cisco: Internet to change forever Tuesday (place your bets!)
   Tough Road for Google's Network

AGENDA
   Boucher makes plans for telecom reform while ramping up re-election campaign

EDUCATION
   National Education Technology Plan
   Wide Web of diversions gets laptops evicted from lecture halls

TELEVISION/RADIO
   Television Is Not Free and Does Not Want to Be
   More Retrans Disputes On The Horizon
   Disney May Pull ABC From Bigger Cable Rivals Next
   FCC Tackles Backlog of Indecency Inquiries

FCC REFORM
   Experts Review Reform and Standards at the FCC

GOVERNMENT & COMMUNICATIONS
   White House tweeting spreads president's message

PRIVACY
Buzz + Latitude = A Minefield for Google | Why Google keeps your data forever, tracks you with ads

HEALTH
   Consumers weigh in on top 10 meaningful use arguments
   Family Physicians urge changes to meaningful use rule

STORIES FROM ABROAD
These headlines presented in partnership with:

Europe threatens web openness | UK next-gen broadband gets funding body | UK launches new body for universal broadband push | Antitrust tribunal orders Telefónica to unbundle broadband packages | Victoria expands Linux e-voting roll-out | Hospital networks key to e-health plan: Rudd's health reform | Google's Computing Power Betters Translation Tool | Google's digital library faces key hurdles | Patents' growing role in battle of mobile | Crunch Time for Health Care

MORE ONLINE
   IT adds 25,000-plus jobs so far in 2010
   Treasury Issues New General License to Boost Internet-Based Communication, Free Flow of Information in
   
Justice Department Requires Key Divestiture in Election Systems & Software/Premier Election Solutions Merger | ICANN CEO Blasts African Telecom Monopolies | Getting Older Without Getting Old | For the first time advertisers will spend more on digital than print | The new age of online grocery shopping

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NATIONAL BROADBAND PLAN

BROADBAND PLAN MUST SPUR COMPETITION
[SOURCE: The Christian Science Monitor, AUTHOR: Editorial staff]
What should the Federal Communications Commission's role in wider broadband adoption? Primarily, to encourage competition so that prices come down and service and speed improve. And, in a business where wireless connectivity is the rage, to make sure spectrum is available. It must also provide incentives for companies to connect to remote, rural areas. FCC Chairman Julius Genachowski has said the need is to "unleash investment, promote innovation, promote competition." His plan must do that.
benton.org/node/32976 | Christian Science Monitor, The
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NETWORKING FOR A GREEN ECONOMY
[SOURCE: Progressive States Network, AUTHOR: ]
The Progressive States Network, Communications Workers of America, Sierra Club and the Blue Green Alliance released a report that how smart buildings, smart grids, telehealth, teleconferencing, digital education -- all of which are part of a highly-networked economy -- will reduce carbon dioxide emissions, conserve energy resources, and promote and retain good, green jobs. The report notes that, according to The Climate Group, transforming the way people and businesses use technology can reduce U.S. carbon dioxide emissions by an estimated 13-22 percent by 2020, and potentially see gross energy and fuel savings of $140-$240 billion. This report, setting forth ideas, research and recommendations to achieve these goals, details three broad areas of energy savings from networked technology that can help achieve energy savings and environmental goals: smart grids to improve the transmission, management, and distribution of energy; smart technologies, like smart meters or other demand management tools that reduce energy use at home or office; and broadband-based services including telehealth, long-distance business communication, and e-commerce to reduce travel and associated fuel costs. The report offers several policy recommendations, including increasing access and addressing affordability of broadband technologies, supporting and promoting implementation of smart grids and devices, installing smart meters and implementing real-time pricing in a manner that protects consumers and strengthens the economy through the creation of green jobs, and adopting telehealth practices to decrease environmental impacts.
benton.org/node/32964 | Progressive States Network | Read the report
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FCC MUST PRESERVE FREE TV
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
What if you started a voluntary spectrum reclamation program and everyone came? [Like you never asked yourself that before.] What if the Federal Communications Commission allowed broadcasters to give up their spectrum and every station in market decided to do so? FCC broadband plan spokesman Mark Wigfield says the commission, by law, has to ensure that some level of over-the-air service remains in each market. That means the commission, at least under current law, can't clear the broadcast band. It also means that not everyone who wants a buyout may get it.
benton.org/node/32961 | Broadcasting&Cable
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DIGITAL EXCLUSION STUDY
[SOURCE: Digital Impact Group, AUTHOR: Press release]
Digital Impact Group and Econsult Corporation have produced an assessment of the economic impact of digital exclusion in the US. The report quantifies costs associated with the significant proportion of the population that lacks high-speed Internet access at home, and estimates an annual cost to individuals, government and the nation of $55 billion. In the US, over 100 million individuals representing over 40 million households are unable to use high-speed Internet, or broadband, because they cannot access it, cannot afford it, do not know how to use it, or are not aware of its benefits. This "digital divide" is costly not only for those who lack computer access and skills, but for businesses, government, and the nation as a whole. The DIG/Econsult report develops a taxonomy of negative economic impacts associated with digital exclusion, articulates the mechanisms through which digital exclusion has adverse impacts, and qualitatively and quantitatively evaluates 11 categories of significant impact. For example, in the area of education, analysis focuses on increased earnings potential resulting from increased educational success made possible by broadband access. The estimate in the economic opportunity category accounts for increased job searching ability via the Internet, and greatly improved access to employment for the disabled, citing the vast proportion of companies that accept job applications online only. The report seeks to identify minimum likely levels of impact in each category. The estimates of all 11 categories of economic impact yield an aggregate estimate of the current cost of digital exclusion of over $55 billion per year. The cumulative figure does not directly account for a number of significant, albeit hard to quantify, considerations that are more diffuse in nature but are no less important. For example, the study notes but does not attempt to quantify the social and economic benefits of greater civic engagement, or the environmental impacts associated with the reductions in travel that result from online shopping. In these areas and more, as well as in those areas that were quantified, the report is intended to be the start of a conversation about the economic impact of digital exclusion. As such, it identifies aspects of the cost of digital exclusion that warrant further exploration and precision.
benton.org/node/32946 | Digital Impact Group | Read the report
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THE POOR CARE ABOUT BROADBAND
[SOURCE: ars technica, AUTHOR: Matthew Lasar]
There's an allegedly stubborn portion of the population -- mostly poor, rural, and older -- who don't use the Internet at all, because they supposedly don't care to do so. But a new study suggests that this community of broadband outsiders is rapidly disappearing from the landscape, particularly among low income Americans. "We found no such group," concludes the Social Science Research Council, "even among respondents with profound histories of marginalization -- the homeless, people with long-term disabilities, people recently released from lengthy prison sentences, non-English speakers from new immigrant communities, and residents of a rural community without electricity or running water. No one needed to be convinced of the importance of Internet use or of the value of broadband adoption in the home." It may be that SSRC's staff didn't find these blasé types because their sample size was much smaller than the National Telecommunications & Information Agency's recent survey of 'Net use (based on census queries of 54,000 households), or last year's Pew study concluding that two-thirds of those without broadband just don't want it. But the report -- "Broadband Adoption and Low Income Communities" -- is backed up with interviews that are of much greater depth than either of those previous studies. Produced for the Federal Communications Commission, the new study confirms the trend that the NTIA report hinted at: disinterest is taking a back seat to unaffordability, uncertainty, lack of equipment, and lack of skill. More worrisome is SSRC's identification of a new category in the broadband sociosphere: "un-adopters"—households that once had high speed Internet, then dropped the service because they could not afford it any more.
benton.org/node/32945 | Ars Technica
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THE STIMULUS

TREASURY ANSWERS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Treasury Department has told the National Telecommunications & Information Administration that some broadband grants will be tax deductible, and others won't. Generally, a corporation's gross income includes all income, including governmental grants, absent any exclusion. But there is an exclusion for grants for capital expenditures to be used solely for acquiring capital assets to expand the business and that also meet other criteria -- be used for working capital rather than compensation for service and be of commensurate benefit to the size of the grant. In that case, the grant is not counted as taxable gross income. But grant money used for operating expenses is taxable as gross income grant recipients will be able to deduct business expenses, operating losses and other deductions.
benton.org/node/32962 | Broadcasting&Cable
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MORE ON BROADBAND

BIG CISCO ANNOUNCEMENT
[SOURCE: ars technica, AUTHOR: Ken Fisher]
After the close of markets today, Cisco is expected to significant news which will "forever change the Internet and its impact on consumers, businesses and governments." Cisco has been rumored to be about to purchase almost every interesting company in the technology field over the last decade. One may feel tempted to think that Cisco wants to get in the bandwidth game, chasing after Google's recent announcement: a trial of open-access, fiber-to-the-home Internet service at speeds of 1Gbps in select locations. But Cisco claims that they have no interest in being a service provider.
benton.org/node/32973 | Ars Technica
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TOUGH ROAD FOR GOOGLE NET
[SOURCE: Wall Street Journal, AUTHOR: Ben Worthen]
Google last month said it would provide ultrahigh-speed Internet connections for up to 500,000 people in the US. Now the search giant must deal with the challenging part: building the network and making sure there are services available to take advantage of it. Since its ultrahigh-speed announcement last month, Google has reached out for advice to several communities such as Cleveland that have already embarked on such projects. Among other things, Google asked about the need to have online programs that prove the benefits of an ultrahigh-speed service, says Lev Gonick, chief information officer at Case Western Reserve University in Cleveland. Google's outreach comes as it confronts the hurdles in building its ultrahigh-speed Internet network and services to go along with it. The company plans to target a small number of communities and says it may target as few as 50,000 households or as many as 500,000. But regardless, building such a network is a giant construction problem, with the cost potentially surpassing $1 billion if Google pursues the higher number, say people who have embarked on similar efforts. In addition, there isn't online content designed for people with such high-speed Internet connections, which could make the completed network underwhelming. "Beyond the cost issues and economic challenges in terms of what it takes to develop the infrastructure, to me one of the most significant barriers is that we don't have a vision of what we're missing and what [ultrahigh-speed Internet connections] will enable us to do," says Jim Baller, a Washington lawyer who is consulting with Google.
benton.org/node/32972 | Wall Street Journal
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AGENDA

BOUCHER'S 2010 AGENDA
[SOURCE: The Hill, AUTHOR: Kim Hart]
A Q&A with Rep Rick Boucher (D-VA). He has big plans this year. He wants to reform the nearly $8 billion-a-year fund to subsidize Internet services. He also wants to enact the first online privacy legislation. That's not all--he also wants to push the Spectrum Inventory Act through the House and hold a number of oversight hearings on the FCC's National Broadband Plan. All the while, Boucher will be campaigning against a Republican challenger for his seat. As chairman of the House Energy and Commerce Subcommittee on Communications, Technology and the Internet, he has a lot to accomplish in Washington while also defending the seat he has held for 28 years. He is the 10th most powerful member of the House, but he faces a tough race in southern Virginia. Republicans have attacked him for his support of cap-and-trade legislation, despite his district's roots in coal-mining. And critics say he has been in Washington so long he has lost touch with his constituency.
benton.org/node/32944 | Hill, The
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EDUCATION

DRAFT ED-TECH PLAN
[SOURCE: Department of Education, AUTHOR: ]
The plan calls for revolutionary transformation rather than evolutionary tinkering. It urges our education system at all levels to: 1) Be clear about the outcomes we seek, 2) Collaborate to redesign structures and processes for effectiveness, efficiency, and flexibility, 3) Continually monitor and measure our performance, and 4) Hold ourselves accountable for progress and results every step of the way. Just as technology is at the core of virtually every aspect of our daily lives and work, we must leverage it to provide engaging and powerful learning experiences, content, and resources and assessments that measure student achievement in more complete, authentic, and meaningful ways. Technology-based learning and assessment systems will be pivotal in improving student learning and generating data that can be used to continuously improve the education system at all levels. Technology will help us execute collaborative teaching strategies combined with professional learning that better prepare and enhance educators' competencies and expertise over the course of their careers. To shorten our learning curve, we can learn from other kinds of enterprises that have used technology to improve outcomes while increasing productivity. Julie Evans, CEO of the nonprofit organization Project Tomorrow, said the plan provides some "long-overdue recommendations" for how technology can enhance education. "The plan accurately sums up that hard realization that today's classroom environment for most students does not mirror they way they are living their lives outside of school or what they need to be prepared for future jobs, and that this disconnect is actually creating a relevancy crisis in American education," Evans said.
benton.org/node/32943 | Department of Education | Read the report | eSchoolNews
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TELEVISION/RADIO

TV DOES NOT WANT TO BE FREE
[SOURCE: New York Times, AUTHOR: Eduardo Porter]
[Commentary] The TV spats of the past few weeks -- between Cablevision and the Walt Disney Company over payments for ABC, and between Time Warner and the News Corporation over Fox -- suggest that the future lies in the opposite direction from free. Americans watch 153 hours of TV a month, on average, according to a Nielsen survey. On prime time, ABC has a 9 percent share. At $1 a month, a rough, back-of-the-envelope estimate (assuming families watch TV together) would suggest Disney wants, at most, 7 cents an hour from the average Cablevision subscriber to watch its shows. Compare that with today's price of TV. Cablevision's basic "family cable" package costs $55.95 a month, which works out at most to 37 cents an hour per home. That is cheap compared with the real price we pay for television: 18 minutes out of every hour that we are expected to spend watching ads. Those 18 minutes are much more valuable to me and you than they are to ABC. A study in 2009 estimated that advertisers paid about $230,000 for a 30-second spot on ABC's "Desperate Housewives." That amounts to 79 cents an hour for each of the 10.6 million homes plugged into the show on Sunday nights. But if average hourly wages are $22.05 an hour, 18 minutes of the average workers' time are worth $6.60. Imagine a world in which information isn't free. Your TV set is fitted with a coin slot — or a PayPal account. Wouldn't you rather pay 79 cents for an hourlong show to get rid of the ads? Technology might move us inevitably in this direction. Broadcast TV networks are badgering cable systems for money because falling ad revenues are forcing them to find new sources of income. Digital video recorders that offer customers the ability to strip out commercials could hasten the trend. If we're lucky, we'll get a world in which TV is not free, but we will only pay for it when we want to watch it.
benton.org/node/32975 | New York Times
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MORE RETRANS DISPUTES ON THE HORIZON
[SOURCE: Associated Press, AUTHOR: Deborah Yao]
Stay tuned for more fee disputes threatening local television stations on cable TV lineups. Broadcasters hurt by declining ad revenue are demanding more fees from cable and other subscription TV providers to carry the stations. The providers are resisting. More blackouts loom as several networks and various providers across the country have contracts set to expire this year, including one covering major ABC stations in Time Warner Cable Inc. markets. All signs point to down-to-the-wire talks that could leave viewers scrambling for other ways to watch their favorite shows and major sporting events. "There's a lot of money at stake," said Robin Flynn, an analyst at SNL Kagan. "There are a lot more fights coming up." Such disputes used to be limited to cable channels such as CNN and ESPN, as they have long been paid per-subscriber fees by the providers. But in recent years, stations that are broadcast for free over the air have demanded such fees from cable TV and other providers as well. That began first in smaller markets, with affiliates that are not owned by the networks but carry their programming. Now, the networks are demanding such fees for the stations they do own, especially in the larger markets such as New York and Los Angeles.
benton.org/node/32974 | Associated Press
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DISNEY HUNTS BIGGER FISH
[SOURCE: Bloomberg, AUTHOR: Kelly Riddell]
Walt Disney, fresh from a dispute with Cablevision, may be about to do it again with bigger cable operators, analysts said. Disney's agreement with Time Warner Cable ends in August. Time Warner Cable has already put its 13 million viewers on alert, noting in an e-mail to subscribers yesterday that they haven't lost access to the signal "yet." Larger rival Comcast Corp., whose contract for ABC isn't up this year, also will face off with CBS Corp. at the end of 2010 as more broadcasters seek payment for channels that used to be free. "As the broadcast networks are less able to get advertising revenue, they're turning to the cable guys to make up for that shortfall," said Todd Mitchell, an analyst with Kaufman Brothers. "For the cable guys, these programming costs are vastly outstripping their subscription pricing, so we're getting to the point of showdowns."
benton.org/node/32960 | Bloomberg
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FCC INDECENCY BACKLOG
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
After a hiatus of what numerous attorneys say is close to two years, the Federal Communications Commission has begun to follow up on some of the one million-plus indecency complaints it has acknowledged are in its pipeline, including one concerning a Dr. Phil episode that aired four years ago. This development will require broadcasters to once again hunt down old show tapes, and accrue documents and other materials -- along with new lawyers' fees -- to defend their own or their networks' programming decisions. Two communications attorneys who spoke on background acknowledged that they are aware of at least three letters of inquiry sent out by the FCC in the last two months. After a complaint is filed, the letter is essentially the FCC's first step in following up on a complaint if the Enforcement Bureau deems that it merits further inquiry. It is a step the FCC has heretofore been reluctant to take. The letters come after a period of court-enforced-or at least prompted-inactivity on that front, the attorneys said. That hiatus was due to the court decisions, including the FCC's indecency findings against the Super Bowl halftime and swearing on Fox, that initially went against the FCC.
benton.org/node/32959 | Broadcasting&Cable
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FCC broadband plan: It must spur competition

What should the Federal Communications Commission's role in wider broadband adoption?

Primarily, to encourage competition so that prices come down and service and speed improve. And, in a business where wireless connectivity is the rage, to make sure spectrum is available. It must also provide incentives for companies to connect to remote, rural areas. FCC Chairman Julius Genachowski has said the need is to "unleash investment, promote innovation, promote competition." His plan must do that.

Television Is Not Free and Does Not Want to Be

[Commentary] The TV spats of the past few weeks -- between Cablevision and the Walt Disney Company over payments for ABC, and between Time Warner and the News Corporation over Fox -- suggest that the future lies in the opposite direction from free.

Americans watch 153 hours of TV a month, on average, according to a Nielsen survey. On prime time, ABC has a 9 percent share. At $1 a month, a rough, back-of-the-envelope estimate (assuming families watch TV together) would suggest Disney wants, at most, 7 cents an hour from the average Cablevision subscriber to watch its shows. Compare that with today's price of TV. Cablevision's basic "family cable" package costs $55.95 a month, which works out at most to 37 cents an hour per home. That is cheap compared with the real price we pay for television: 18 minutes out of every hour that we are expected to spend watching ads. Those 18 minutes are much more valuable to me and you than they are to ABC. A study in 2009 estimated that advertisers paid about $230,000 for a 30-second spot on ABC's "Desperate Housewives." That amounts to 79 cents an hour for each of the 10.6 million homes plugged into the show on Sunday nights. But if average hourly wages are $22.05 an hour, 18 minutes of the average workers' time are worth $6.60.

Imagine a world in which information isn't free. Your TV set is fitted with a coin slot — or a PayPal account. Wouldn't you rather pay 79 cents for an hourlong show to get rid of the ads? Technology might move us inevitably in this direction. Broadcast TV networks are badgering cable systems for money because falling ad revenues are forcing them to find new sources of income. Digital video recorders that offer customers the ability to strip out commercials could hasten the trend.

If we're lucky, we'll get a world in which TV is not free, but we will only pay for it when we want to watch it.

More Retrans Disputes On The Horizon

Stay tuned for more fee disputes threatening local television stations on cable TV lineups.

Broadcasters hurt by declining ad revenue are demanding more fees from cable and other subscription TV providers to carry the stations. The providers are resisting. More blackouts loom as several networks and various providers across the country have contracts set to expire this year, including one covering major ABC stations in Time Warner Cable Inc. markets. All signs point to down-to-the-wire talks that could leave viewers scrambling for other ways to watch their favorite shows and major sporting events.

"There's a lot of money at stake," said Robin Flynn, an analyst at SNL Kagan. "There are a lot more fights coming up."

Such disputes used to be limited to cable channels such as CNN and ESPN, as they have long been paid per-subscriber fees by the providers. But in recent years, stations that are broadcast for free over the air have demanded such fees from cable TV and other providers as well. That began first in smaller markets, with affiliates that are not owned by the networks but carry their programming. Now, the networks are demanding such fees for the stations they do own, especially in the larger markets such as New York and Los Angeles.

Cisco: Internet to change forever Tuesday (place your bets!)

After the close of markets today, Cisco is expected to significant news which will "forever change the Internet and its impact on consumers, businesses and governments."