June 2011

Public Radio and the Role of Federal Funding

This report documents information that GAO presented to Congress on March 31, 2011, in response to a congressional request that we examine the extent to which federal funding is used to support public radio.

The Corporation for Public Broadcasting (CPB) was established pursuant to the Public Broadcasting Act of 1967 and receives federal payments through the annual appropriations process. CPB distributes the federal payments it receives in accordance with a statutory formula. Under this formula, the majority of each annual federal payment must be distributed to public broadcasting television and radio stations and program producers, such as National Public Radio (NPR), typically in the form of grants. This report addresses the following questions: (1) What are the missions of CPB, NPR, and local public radio stations? (2) What are the processes through which CPB receives federal payments and disburses them to grantees? and (3) What are NPR's sources of revenue, both federal and nonfederal?

(GAO-11-669R, May 19)

FCC Reforms Lifeline Program to Eliminate Waste & Ensure Fiscal Responsibility

The Federal Communications Commission strengthened protections in its Lifeline program to eliminate and prevent waste by ensuring that multiple carriers do not get support for serving the same consumer. The purpose of the Lifeline program is to help low-income Americans access affordable phone service. After determining through enhanced oversight that some subscribers have Lifeline-subsidized phone service from multiple carriers, the FCC today clarified its rules to expressly bar more than one benefit per subscriber, and will notify consumers with multiple subsidies that they are only allowed to have one. The action will save potentially millions of dollars per year, helping ensure that Lifeline can reach as many low-income consumers as possible.

Under the FCC's action:

  • The Universal Service Administrative Company (USAC) must notify consumers receiving multiple Lifeline benefits that they are allowed to have only one Lifeline-subsidized phone service
  • Consumers have 30 days to choose which subsidized phone service to keep
  • The company or companies not chosen by the consumer must de-enroll the consumer from Lifeline within five days after notification by USAC of the consumer’s choice
  • At the end of the process, consumers will have no more than one Lifeline phone service

NY State commission cautions FCC on AT&T-T-Mobile merger

The New York State Public Service Commission has warned the Federal Communications Commission that AT&T's proposed acquisition of T-Mobile could significantly harm public interest and stifle competition for wireless services.

In its filing, the NYPSC stops short of calling on the FCC to deny the $39 billion merger, but it urged the federal agency to closely evaluate on a market-by-market basis how it could impact wireless concentration. Though it plays no official role in the approval process, New York can influence the transaction by successfully arguing that state residents, particularly those in New York City, will be "disproportionally" affected. "Wireless infrastructure and services are critically important to the citizens, and economy, of New York State," the letter said. "It is critically important that New York State consumers be protected against potential harm caused by further consolidation in wireless voice and broadband markets...We also urge the FCC to allow additional process, including opportunities for further review and comment, as the FCC moves forward in its review."

Boucher: Merger won't kill competition in wireless market

AT&T's $39 billion acquisition of T-Mobile USA wouldn't adversely impact competition in the wireless market, according to former-Rep Rick Boucher (D-VA).

Critics argue the transaction would leave AT&T and Verizon Wireless in dominant positions with Sprint a distant third. Boucher said that even if the merger is approved by the government there would still be ample competition in the nation's largest metro areas. "Clearly there are two dominant carriers, but after this merger is complete in 18 of the 20 largest cities there will still be five or more wireless providers," Boucher argued. "So there will be ample choice for everyone that decides they want a carrier other than Verizon or AT&T." Boucher joined the AT&T-backed advocacy group the Internet Innovation Alliance last month, adding his respected voice on telecom policy to the small army of lobbyists and advocates pushing the government to approve the merger, arguing it would accelerate the deployment of next generation wireless coverage. "[The merger] is simply a step that will allow the private sector to bring broadband to 97 percent of the population," Boucher said. "One company would meet the Obama administration's goal." The Congressman said in his new role he is pushing for reform of the Universal Service Fund so firms can receive funds for building out broadband networks in rural areas.

AT&T Dupes Non-Profits to Support $39 Billion T-Mobile Buyout

AT&T is liberally distributing donations to non-profit organizations and making promises to them about rural broadband Internet service that it likely won’t keep to encourage them to say positive things to the Federal Communications Commission about its proposed $39 billion merger with wireless competitor T-Mobile.

Caching minimizes rural telco's Internet bandwidth needs

Rural telco North-Eastern Pennsylvania Telephone recently found a way of avoiding the expense of upgrading its connection to the Internet. By deploying caching technology from Blue Coat Systems the telco saw its total Internet traffic decline from just over 200 Mb/s to 140 to 160 Mb/s, said Scott Brennan, managing partner of Netegrity Consultants, a managed service provider that worked with NEP on the caching project.

Banks Fail to Block News Aggregator's Reports on Stocks

In a decision that could have broad implications for news aggregation services, the U.S. Court of Appeals for the Second Circuit ruled that financial news service Theflyonthewall.com can report on securities brokerages' stock recommendations as soon as it learns of them, as long as it does not violate federal copyright law.

The opinion in Barclays Capital v. Theflyonthewall.com, 10-1372, said that the brokerages' claims against Fly under New York's "hot news" misappropriation law were preempted by the Copyright Act. The unanimous panel consisted of Judge Robert D. Sack, who wrote the opinion, and Judges Rosemary S. Pooler and Reena Raggi. The ruling overturned a decision by Southern District Judge Denise L. Cote, who had enjoined Flyonthewall.com from publishing information about the brokerages' reports for a limited time after it was released by the brokerages to their customers.

Installation begins on broadband network across central Maryland

Construction crews began to install a miles-long broadband network across central Maryland last week, though the portion of the network designated for business and residential use has yet to be leased.

The installation is part of a statewide initiative that will see fiber-optic cables laid across every county by 2013 thanks to a $115 million federal stimulus grant and $43 million in state and local money. The infrastructure costs to reach those areas are typically deemed too great by private companies. Half of the network will connect schools, health centers, police stations, libraries and other “community anchors” on high-capacity Internet cables that are better equipped to transmit large gulps of data. The remaining fiber will be inactive until Internet providers, private companies or nongovernmental institutions lease portions of the network and make it available to households and businesses.

Advertisers Likely to File Suit Over Harsh New Cigarette Warnings

The Food and Drug Administration unveiled new mandatory health warnings for cigarette packages; the warnings are the boldest seen thus far in the US, designed to scare the pants off kids who are even thinking about smoking and help adults make the decision to quit.

There are nine different warnings, each of which include a graphic picture -- horrific images of blackened lungs, stained teeth, cadavers, and open wounds. Together, they make up the most significant change to cigarette labels in more than 25 years. By September 2012, all cigarette packs, cartons, and advertising must display the labels, which include a warning accompanied by a phone number: 1-800-QUIT-NOW. Advertisers, represented by the Association of National Advertisers, have charged that the new labels run afoul of the First Amendment, and are considering steps, including a lawsuit, to push back against the FDA's action. (Tobacco companies filed suit in federal court in 2009 over a range of new regulations, including the then-proposed warnings; they lost on a similar First Amendment claim. The case is now on appeal.)

Creative Commons and the New America Foundation
Wednesday, June 29, 2011
5:30 p.m. - 8:00 p.m.

The Creative Commons and the New America Foundation celebrate universal access in the 21st Century for the release of , a new book featuring case studies about artists, educators and entrepreneurs from around the globe who successfully use Creative Commons' tools to advance their research, art, teaching, and business. Creative Commons, a nonprofit organization dedicated to achieving a vision of universal access on the Internet, is bringing together some of the world's most innovative and influential individuals to discuss this vision. This event is one of six that will take place in cities across six continents, including Washington, D.C., and will feature some of the most prominent voices in art, science, business, and policy.

5:30 p.m. to 5:35 p.m. - Introduction
Tom Glaisyer
Knight Media Policy Fellow
New America Foundation

5:35 p.m. to 6:45 p.m - Speakers
Cathy Casserly
CEO
Creative Commons

Heather LaGarde
Partnerships and OPEN Initiative Advisor
IntraHealth International

Rebecca MacKinnon
Co-founder, Global Voices Online
Schwartz Fellow, New America Foundation

6:45 p.m. to 7:00 p.m. - Audience Q&A
7:00 p.m. to 8:00 p.m. - Reception

To RSVP for the event:
http://www.newamerica.net/events/2011/the_power_of_open_0

For questions, contact Stephanie Gunter at (202) 596-3367 or gunter@newamerica.net