July 2010

Spending Soars on Internet's Plumbing

Behind the recovery in business spending is a surge in purchases of the computers that form the backbone of the Internet, as companies scramble to meet growing demand for video and other Web-based services.

The need to reach customers and employees over the Web is driving furious demand for server systems, the machines that power corporate computer rooms. Many companies are stocking up on new servers, which typically cost a few thousand dollars apiece, to replace older machines with more energy efficient models or systems with more powerful processors. Also, an increasing number of businesses are turning to outsourcing companies, which manage computer rooms for customers and in many cases are sharply stepping up purchases of servers to keep up with rising demand.

Reforms urged in federal funding for phone lines

Americans are turning away from home phone lines and toward mobile, but a federal program continues to pour $8 billion a year into phone service for rural homes and businesses. But as the nation looks to wireless and fiber broadband networks as its on-ramp to e-mail, tweets and Skype calls, lawmakers and regulators have called for sweeping changes to the Universal Service Fund.

AT&T and Verizon were the top recipients of Universal Service Fund grants last year. The companies point to the subsidy as symbol of backward regulation, among a string of policy moves by the federal government that the companies say could hurt the economy. They also have argued against a proposal to redefine broadband as a telecommunications service, saying the move could lead to rate regulation and force them to share their networks with competitors. The FCC has proposed redirecting the program to support broadband. The agency has also suggested that only one provider in a geographic area receive grants.

Public interest groups say there needs to be better oversight of whether firms getting the money truly qualify for it. The groups also say that wireless technology is cheaper to deploy than traditional phone lines or underground fiber networks, but that cellphone companies don't seem to be getting smaller awards. The groups also say the FCC should recalculate how much money it distributes for broadband connections because the return on investment is so much greater for Internet service. That should make companies better able to pay for their own operating costs without federal assistance, said Derek Turner, a policy director for the public interest group Free Press.

Rivals say Google has too much sway over Administration's network neutrality policy

Andrew McLaughlin built Google's public policy operation and helped craft its government lobbying strategy. Now he works for the White House on Internet policy — and that has some Google rivals crying foul as federal officials prepare to rewrite the rules governing high-speed Internet.

The so-called network neutrality rules expected to be issued by the Federal Communications Commission are seen as a boon to Google by limiting the ability of high-speed Internet service providers, such as phone and cable companies, to steer users to their own content. These Internet service providers complain that Google has a leg up when it comes to talking to the White House. They cite, among other things, records showing that McLaughlin used his personal e-mail account to communicate with former colleagues, including Google lobbyist Alan Davidson, about the administration's stance on net neutrality and other issues related to his work.

Intel reaches antitrust accord with FTC

Intel, the US chipmaker, is close to settling a long-running antitrust suit with the Federal Trade Commission, bringing to a close a legal battle that has dogged the world's largest chipmaker for more than 10 years.

The settlement will include concessions on its business practices, according to a person familiar with the deal, but will not include fines because the FTC does not have the authority to issue civil penalties. The FTC accused Intel of abusing its dominant position in the chip market over the past 10 years, including using tactics to dissuade customers from buying PC microprocessors (CPUs) from its main rival Advanced Micro Devices. The FTC also said Intel had blocked competition in the graphics chip market. Intel faced similar scrutiny in Europe, Japan and South Korea, and last year regulators in Brussels imposed a record €1.06bn ($1.44bn) fine on the company for breaking competition law.

Nokia Siemens wins $7 billion Harbinger deal

Harbinger Capital Partners, the New York-based hedge fund founded by Philip Falcone, has awarded a $7 billion contract to Nokia Siemens Networks to build a high-speed mobile phone network in the US.

The new network, to be called LightSquared, will launch in the second half of next year and is aiming to provide near-ubiquitous coverage. The infrastructure will combine an orthodox mobile network with a satellite-based phone and data service.

Online retailers need to collect sales taxes

[Commentary] Annual online sales across the United States will account for nearly $150 billion in 2010. But cash-strapped states, including California, won't get more than a fraction of the $18.6 billion of sales tax they should be collecting.

Congress and state legislatures need to find a way to end online retailers' unfair advantage over brick-and-mortar businesses -- and to reap a fair share of revenue, since so many states rely heavily on sales taxes to balance their budgets. Consumers enjoy the cheaper prices for products online. But local businesses that create jobs and generate revenue for our communities deserve to be on an equal footing with their online competitors as a matter of principle. And we all will benefit from the additional tax revenues that pay for public safety, transportation projects and other services. It's been 15 years since Jeff Bezos launched Amazon.com and introduced large-scale e-commerce to the world. When online companies like his were startups, it made sense to allow them a grace period on collecting sales taxes to promote a new industry. A case still can be made that small Web-based companies with sales of less than $100,000 should be exempt from collecting sales taxes. But too many large online and catalog businesses are enabling their customers to be tax cheats.

If California had collected online tax revenues for the past decade, it would have an additional $10 billion at its disposal today, reducing its deficit by more than half. The Golden State is in no position to let another dollar of potential revenue go uncollected.

Disclose Act backers push Sens. Collins, Snowe for support

Advocates of campaign finance legislation are stepping up their pressure on Maine's Republican senators in the hopes of enacting the House-passed bill in time for the 2010 midterm elections.

Sens. Olympia Snowe and Susan Collins have become the final hopes for backers of the legislation, who are battling a rapidly closing time window and the Senate's 60-vote threshold in their efforts to advance the bill before Congress leaves for its summer recess. While both Maine Republicans have voiced concerns about the bill, known as the Disclose Act, the advocates pointed to their longstanding support for tighter campaign finance regulations. "We have a really urgent need," a Republican former member of the Federal Elections Commission, Trevor Potter, said July 19 on a conference call held to urge Sens Snowe and Collins to support the legislation. Potter said he had "great respect" for both senators and was "particularly hopeful that they will take a leading role in passing the Disclose Act."

Media companies push back against Reps. Israel, King

Executives from six major media organizations wrote to Reps. Peter King (R-NY) and Steve Israel (D-NY) on July 19 after the pair pushed for an overhaul of retransmission consent rules.

At stake are the regulations governing fee negotiations between broadcasters and paid distributors such as cable and satellite operators. Distributors say television broadcast stations have too much power in the talks because they can pull their content. Broadcasters argue that cable and satellite's dependence on their programming means that broadcasters deserve muscle to negotiate their compensation.

Signed by executives from News Corporation, Walt Disney, CBS Corporation, the National Association of Broadcasters, NBC Universal, and Univision Communications, the Monday letter asked Israel and King to rethink their stance. The pair had circulated a "dear colleague" letter trying to galvanize support for rules changes and calling on the Federal Communications Commission to take up the issue.

Hardcovers fall behind Kindle book sales at Amazon

Perhaps this e-book thing is taking off after all: Kindle books are now outselling Amazon's hardcover books in the US.

The company announced July 19 that it has sold 143 Kindle books per 100 hardcover books over the last three months (it has sold 180 Kindle books per 100 hardcovers over the last month), and that's including the sales of hardcover books where there is no Kindle edition. Amazon also said that Kindle hardware sales had tripled since the company lowered the price from $259 to $189 just one month ago. Amazon CEO Jeff Bezos said that lowering the price was the tipping point to accelerate sales and eventually eclipse hardcovers, even though sales of hardcovers continue to grow. He added that this news is "astonishing when you consider that we've been selling hardcover books for 15 years, and Kindle books for 33 months."

New Privacy Bill Released, House To Consider Thursday

Rep. Bobby Rush (D-IL) unveiled a privacy bill on July 19 that would require companies to obtain people's opt-in consent before disclosing their personal information to third parties in some circumstances.

The bill appears to be similar to a draft measure floated in May by Rep Rick Boucher (D-VA), chairman of the Subcommittee on Communications, Technology and the Internet, but with some key differences. Both bills follow a notice-and-choice framework, and both require users' consent for online behavioral advertising, or tracking users across sites in order to serve targeted ads. Both also allow companies to obtain opt-out consent rather than opt-in, but under slightly different circumstances. Rush's measure would require Web sites to obtain users' explicit permission before sharing their personal information with third parties, unless those companies participate in a "universal opt-out" program operated by industry groups, like the Network Advertising Initiative, and overseen by the Federal Trade Commission. Boucher's draft proposal, by contrast, would require ad networks that track people and collect personal information for ad purposes to obtain users' opt-in consent unless the networks provide prominent notice through an icon and also allow people to view and edit their profiles. Rush's bill also defines third party broadly, saying that companies are considered third parties to each other if consumers wouldn't expect reasonably them to be related.