January 2011

2011 Sees Quick Start for Telecom Policy

Want to keep abreast with major developments in telecommunications but can't keep up with daily headlines. The Benton Foundation is now offering a quick (no, really, we mean it this time) recap of the week's top stories. For January 1-7, we review the stories coming out of the Consumer Electronics Show and look at the agendas of the 112th Congress and the Federal Communications Commission.

Advocates Bring USF Reform Message to FCC

Representatives of several civil rights, media reform, and public interest organizations (collectively, the “Public Interest Representatives”) met separately with Federal Communications Commission staffers to discuss potential reforms to Universal Service Fund (“USF”) mechanisms, as contemplated in an array of ongoing and upcoming FCC proceedings. The Public Interest Representatives focused their comments on four general areas within the broad range of issues potentially to be dealt with in these expansive and comprehensive USF reform proceedings.

  • Broadband as a Universal Service. The Public Interest Representatives repeated the point that broadband is the essential telecommunications platform of the 21st Century, and thus should be considered a universal service. This means that broadband-capable facilities and broadband services should be not only permitted, but required of providers receiving support from the Connect America Fund, or from any other subsequent iteration of or successor to the current high-cost mechanisms; and also that adoption support should be available for broadband service provided to low-income individuals. The Public Interest Representatives acknowledged that the Commission will need to make several choices in order to balance various priorities during the transition to a broadband-oriented fund. Nevertheless, the Commission cannot shy away from making these decisions necessary to modernize and revitalize USF.
  • Lifeline/Linkup Expansion and Modernization. The Public Interest Representatives indicated that the Commission generally should proceed along the lines suggested in the Joint Board’s most recent recommended decision on Lifeline and Link Up, and should do so expeditiously. While the Commission may focus also in the immediate near-term on Notices of Proposed Rulemaking in other USF dockets, revisions to these critically important adoption support programs cannot be left to linger. The Public Interest Representatives reiterated their support for expanded eligibility measures and other reforms, though modified in some respects from the Recommended Decision conclusions in the ways suggested by their organizations’ respective filed comments. They also encouraged the Commission to move ahead with pilot programs to facilitate broadband adoption by low-income individuals, and cautioned against potential pitfalls in creation of any national database – noting that, if not carefully designed and safeguarded, such a database could dampen enrollment by verifiable and fully eligible beneficiaries.
  • Creation of the Connect America Fund and High-Cost Fund Reform. While most of the Public Interest Representatives’ organizations have reserved comment on high-cost fund reform and creation of the Connect America Fund to this point, they expressed their eagerness to continue and broaden their engagement on these issues as the Commission develops and proposes concrete rule changes. The Public Interest Representatives agreed that there are several paths the Commission could take to reform current mechanisms, in order to improve the accountability, efficiency, and usefulness of the fund. Yet, they explained that changes to distribution and contribution methodologies must neither discourage broadband adoption by unduly increasing the contribution burden on consumers, nor improperly limit the choice and quality of service available to residents of unserved and underserved areas.
  • Mobility Fund Issues. Finally, the Public Interest Representatives briefly presented very general views on the ongoing Mobility Fund proceeding, indicating that some number of the organizations they represent intend to file reply comments in that docket this month. During these meetings, they expressed some reservations about reverse auction mechanisms that might encourage a “race to the bottom” approach or provide no support for ongoing mobile wireless service operations.

Attendees represented American Civil Liberties Union; Benton Foundation; Consumers Union; Leadership Conference on Civil and Human Rights; Media and Democracy Coalition; Media Access Project; the Media Action Grassroots Network; New America Foundation; and Public Knowledge.

Industry Says Net Rules Are a Work in Progress

Regulators' new rules for Internet lines are likely the start of a greater effort by the government to more closely oversee such channels, broadband industry lobbyists said.

The Federal Communications Commission's new rules are "an initial foray" by the agency to police Internet lines, but changes may need to be made in the future as the Internet develops said Rick Whitt, Google Inc.'s top policy lawyer, during a panel at the Consumer Electronics Show. Congress and the courts will likely weigh in on the debate soon, industry officials said during the panel discussion. Two congressional aides predicted at the show that the Republican-controlled House will vote to overturn the FCC's net neutrality rules. House Republicans are already planning a series of hearings on the net neutrality issue, said Neil Fried, the top telecommunications counsel for House Republicans on the Energy and Commerce Committee. On Wednesday, Rep. Marsha Blackburn (R-TN) filed legislation along with 60 other House Republicans to toss out the FCC's net neutrality rules. It's not clear if the Senate will follow suit. Even if the full Congress agreed to toss the rules, President Obama would also have to sign off and that's unlikely.

FCC Schedules Auction 92

This document announces the auction of 16 licenses in the 698–806 MHz band (700 MHz Band). The auction, which is designated Auction 92, is scheduled to commence on July 19, 2011. This document also seeks comment on competitive bidding procedures for Auction 92. Comments are due on or before January 12, 2011, and reply comments are due on or before January 27, 2011.

FCC Extends Comment period for Wireless/Internet E911

The comment period cycle for the Federal Communications Commission’s Further Notice of Proposed Rulemaking (FNPRM) and Notice of Inquiry (NOI) concerning Wireless E911 Location Accuracy Requirements and E911 Requirements for IP–Enabled Service Providers has been extended to provide interested parties a meaningful opportunity to file full and informed comment for a complete record concerning the numerous issues raised in the proceeding.

Submit comments on or before January 19, 2011. Submit reply comments on or before February 18, 2011.

Hey Google: Let's Build A Digital Media Research Triangle In Louisiana

[Commentary] A plan for how south Louisiana can be transformed into a new research triangle for digital media, and in particular why Google should strongly consider focusing its Google Fiber efforts on this area.

The basic thesis is simple: if Google were to wire New Orleans and Baton Rouge with fiber, when combined with Lafayette we could enable a new research triangle for digital media. The vision is that by combining Lafayette's early-mover advantage, wildcatter mentality, and the work we're doing with FiberCorps to spur innovation; along with New Orleans' creative entrepreneurial spirit, national notoriety, and clear needs for help reestablishing itself after Katrina; and roll in Baton Rouge's position as the center of government, the government's emphasis on supporting digital media as a key driver of economic development, as well as the city being the hub for higher education in the state through Louisiana, we have all the pieces needed to create a dynamic, collaborative, multifaceted effort to bring to bear on tackling the challenge of driving fiber-powered innovation.

Sec Locke Defends Broadband Stimulus Effort

Commerce Secretary Gary Locke offered a spirited defense of the Obama administration's $7.2 billion broadband stimulus program amid growing accusations from Republicans in the new Congress of wasteful and duplicative spending.

The initiative, which stems from the 2009 economic stimulus package, is designed to promote broadband deployment in mostly rural areas with little or no Internet access. "We had much greater demand than available dollars," Sec Locke told reporters during a press briefing at the Consumer Electronics Show. In the communities that received funding, "the governors, the local officials were very, very supportive of these projects -- we're talking about Democrats and Republican governors, and office holders and local government officials." He also emphasized that his agency and the Agriculture Department, which are running the program, have received strong support from the private sector, and have the resources to conduct their own oversight.

New national cybersecurity plan? Zeus trojan says bring it on

Secretary of Commerce Gary Locke headed for the Stanford Institute on Policy Research on Jan 7 to talk up the Obama administration's efforts to "enhance online security and privacy and next steps in meeting the challenges of a growing cyber world." The plan is to launch a National Strategy for Trusted Identities in Cyberspace (NSTIC)—an effort to support private-sector solutions to make the online environment more secure. The sooner the better, because the Zeus (or ZeuS) Trojan has struck again, this time targeting government employees.

Cybersecurity, virtual border fence on Hill agenda

While talk about improving the economy and fiscal responsibility is likely to dominate the early days of the new Congress, lawmakers and key congressional committees are also expected to address a handful of homeland security issues through legislation and hearings in the next few months. And two of them involve technology issues. The Senate is taking the lead on legislation to improve the government's ability to protect critical information technology networks. Just before the Christmas recess, Senate Majority Leader Harry Reid (D-NV) wrote to President Obama asking for the administration to weigh in on the matter. "It is my intent to bring cybersecurity legislation to the Senate floor for consideration early in the 112th Congress," Majority Leader Reid wrote to Obama on December 17. "As such, it is imperative that you are prepared to engage with us and provide this input at the earliest possible date next year."

Media Deals Up in '10, But Value Drops

An improving economy sharply lifted media acquisitions last year -- and pricing multiples as well.

There was a 27% rise in deals to 687 last year, according to Berkery Noyes, an investment bank specializing in the information content and technology industries. The cash-flow multiple sell price -- a key business strength indicator -- climbed 51% to 10.4 in 2010 from 6.9 in 2009. The median revenue multiple rose 28%, to 1.8 from 1.4. But it wasn't a big year in terms of total value of media deals. In 2010, that value dropped 35% to $24 billion. Much of this was because of big planned deals in 2009 -- including the Comcast-NBC Universal acquisition, announced in December of that year. That agreement, in which Comcast will assume a majority stake in NBC with General Electric now a minority partner, is valued at $13.75 billion.