March 2011

Explaining Wireless Spectrum Woes

[Commentary] Yet again The Wall Street Journal, in an editorial and op-ed piece, uses snarkiness and mischaracterizations to refute legitimate concerns about AT&T’s acquisition of T-Mobile.

See Wall Street Journal, Review & Outlook, More Spectrum, Please--AT&T bids $39 billion to get around FCC bottlenecks, A14 (March 23, 2011); Holman W. Jenkins, Jr. AT&T’s Big Bet on Spectrum Folly, A13 (March 23, 2011). These pieces reframe the issue from a question about market concentration into an endorsement of AT&T’s valiant “self-help” efforts to find adequate spectrum for consumers. They glibly ignore or dismiss the proper focus on how the deal would affect consumers, competition, innovation, employment and service prices. The Journal dismisses as hackneyed Gigi Sohn’s conclusion that allowing two or three ventures to control over 92% of the market reduces competition and choice, raises prices, reduces innovation and results in fewer jobs. See PBS News Hour, How Will Consumers Fare in T-Mobile, AT&T Merger? (March 22, 2011). Once upon a time even the Republican Party of Teddy Roosevelt acted to prevent marketplace distortion caused by monopoly “trusts.” When a market lacks robust competition few operators do not have to spend sleepless afternoons innovating and striving to operate more efficiently.

It’s Tracking Your Every Move and You May Not Even Know

Tracking a customer’s whereabouts is part and parcel of what phone companies do for a living.

Every seven seconds or so, the phone company of someone with a working cellphone is determining the nearest tower, so as to most efficiently route calls. And for billing reasons, they track where the call is coming from and how long it has lasted. “At any given instant, a cell company has to know where you are; it is constantly registering with the tower with the strongest signal,” said Matthew Blaze, a professor of computer and information science at the University of Pennsylvania who has testified before Congress on the issue.

High-tech industry on hiring binge in California

It's the Silicon Valley hiring boom being felt all over California. C

alifornia added nearly 100,000 new jobs in February, and the state's unemployment rate dropped by two-tenths of a percentage point, to 12.2% from 12.4% in January, in part led by a hiring surge in high tech, the California Economic Development Department reported. Top technology companies are competing fiercely for engineers, designers, computer scientists, data crunchers and other workers with specialized technical skills. But the hiring frenzy has also begun to reach workers with other kinds of skills. Internet search giant Google gave all of its 24,000 employees a 10% raise this year. And it announced in January that 2011 would be its biggest hiring year ever. Google does not disclose specific hiring numbers, but its previous biggest hiring year was 2007, when it added nearly 6,200 people around the globe. Facebook has more than 2,000 employees, 1,400 of whom are in Palo Alto, and it's growing at a rate of about 50% a year. Popular social gaming company Zynga, which has more than 1,500 employees, expects to double that number in the next year. The San Francisco company is on a hiring streak: Zynga has hired 224 people in California so far this year, and it hired 563 last year.

US Internet piracy is on the decline

Internet piracy is on the decline in the U.S., according to new research from NPD Group. Internet piracy is on the decline in the U.S., according to new research from NPD Group. The percentage of the U.S. Internet population using a P2P file-sharing service to download music has decreased from 16% (28 million users) at the end of 2007, to 9% (16 million users) in the fourth quarter of 2010 — the very quarter that LimeWire was forced to shut down its file-sharing service. In the previous quarter , a federal judge ruled against LimeWire in a copyright infringement case versus the Recording Industry Association of America (RIAA). Between Q4 2007 and Q4 2010, the average number of music files downloaded from P2P networks also dropped from 35 tracks per person to 18 tracks, NPD found.

Treasury: Make R&D credit permanent

In a report released March 25, the Treasury Department said the Obama Administration's proposal to expand, simplify and make the research-and-development tax credit permanent would pour roughly $106 billion into the private sector over a decade.

The credit would support nearly 1 million domestic jobs and that it should survive any overhaul of the corporate tax code. The study also asserted that the R&D credit currently creates a dollar-for-dollar boost in research spending, and that making the credit permanent would have at least that same effect. “Research shows that the R&D credit is a cost-effective way to encourage research,” the report says. “However, uncertainty about the future availability of the credit diminishes its incentive effect because it is difficult for taxpayers to factor the credit into decisions to invest in research projects that will not be initiated and completed prior to the credit’s scheduled expiration.” The R&D credit is scheduled to run through this year, after being retroactively extended during last year’s tax-cut compromise. In all, it has been extended 14 times in its roughly three decades.

FCC Fines TV Stations for Airing Video News Releases

WMGM-TV in southern New Jersey and KMSP Minneapolis were each fined $4,000 by the Federal Communications Commission for including video news releases (VNRs) in news programming without disclosing their origins. WMGM, an NBC affiliate, is owned by Access.1 Communications Corp., and KMSP is owned by Fox TV Stations.

The Cloud: Unleashing Global Opportunities

Federal Communications Commission Chairman Julius Genachowski spoke at the Aspen IDEA Project in Brussels, Belgium on March 24 about the benefits of cloud computing.

Information is a form of capital, he said. As barriers to accessing funding prevent entrepreneurs, wherever they are, from starting the next great cloud computing company, barriers to accessing information prevent innovators, wherever they are, from growing cloud computing companies, improving productivity, growing GDP, and creating new industries, jobs, and opportunity. How do we begin to address these barriers? One way is to identify the inputs that make communications networks with freely flowing information possible.

They are:

  • Robust backbone and middle-mile networks that can handle heavy data backhaul loads;
  • Last-mile broadband-wired or wireless-that reaches every citizen;
  • Spectrum for mobile broadband, so people can access the cloud wherever they are;
  • Interconnection among networks; and
  • Public policies that don't inhibit-and indeed facilitate-data flows across international borders.

But he identified five challenges faced worldwide in the provision of each of those inputs: a global broadband availability gap, a global broadband adoption gap, a looming global spectrum crunch, a privacy and security gap, and a regulatory gap.

FCC Sends USAC New Recommendations

The Federal Communications Commission sent the Universal Service Administrative Company recommendations from KPMG, a firm that audited the FCC's financial statements for fiscal years 2009 and 2010.

KPMG recommends:

  • FCC and USAC management should update and reinforce policies and procedures over budgetary transactions to provide a consistent and adequate review over upward and downward adjustments to prior year obligations; and
  • FCC and USAC management should ensure that USAC personnel that are directly involved with the recording and review of budgetary transactions receive additional training on budgetary accounting requirements.

Chairman Genachowski Responds to Members of Congress on Data Roaming

Earlier this year Republicans on the House Commerce Committee sent Federal Communications Commission Chairman Julius Genachowski a letter warning the FCC to not take any action on proposed data roaming rules without first answering the Members' concerns about the FCC's authority to do so.

On March 17, Chairman Genachowski answered saying that for nearly 30 years the FCC has required roaming in one form or another to "continue to foster the development of seamless automatic roaming services for all [ ] subscribers in the nation." He said he believes data roaming arrangements are best negotiated between mobile providers in light of commercial considerations. Accordingly, he does not support a common-carriage mandate for data roaming. But FCC staff has recommended that a data roaming rule is necessary to ensure vibrant competition in the mobile marketplace, to unleash billions of dollars of investment that is currently sidelined, to create thousands of new jobs and to meet the consumer demand for seamless nationwide coverage, be it for voice or data. The FCC will vote soon on rules that require a facilities-based provider of commercial mobile data services to offer roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to various limitations designed to account for and protect the legitimate interests of the companies that would be providing roaming.

FTC Finalizes Settlement with Data Broker Agency Charged Privacy Pledges Were Deceptive

Following a public comment period, the Federal Trade Commission has accepted a final settlement with an online data broker that charged consumers $10 based on the false promise that it could “lock their records” so that others could not see or buy them. The FTC charged that its claims were deceptive and violated federal law. The settlement, first announced September 22, 2010, requires that the broker, US Search, refund the fees it charged to nearly 5,000 consumers, and it bars misrepresentations about the effectiveness of any service that claims to remove information about consumers from the broker’s website. The FTC vote to accept the settlement as final was 5-0, with Commissioner Julie Brill issuing a separate concurring statement. In her concurring statement, Commissioner Brill said industry should consider providing consumers with meaningful notice about information brokers’ practices, a reasonable means to access and correct consumers’ information, and a reasonable mechanism to opt out of these databases.