January 2012

No More New Penguin Digital Audiobooks For Libraries, Either

Hoping to skirt Penguin’s library e-book restrictions by checking out a hot new title as a digital audiobook instead? Sorry, that strategy will no longer work as Penguin changed its library policies again. Titles released after November 14, 2011 and new releases will not be available, per instruction from the publisher. The latest restrictions come about two months after Penguin announced that it would no longer offer any new e-books through libraries. The cut-off date for new e-books and digital audiobooks is the same.

From the Benton Blog: FCC’s Low-Income Phone Reform Needs to Connect and Tie Eligibility to People, Not Housing

[Commentary] The Federal Communications Commission is poised to reform and modernize the Lifeline phone program that was created to help low-income household afford phone service. The reform and modernization is expected to move the program beyond traditional landline service to better accommodate wireless phone service and to set a foundation to move to broadband access for poor people. Yet, the reform could also discriminate against the very people the program was designed to help. How so? The FCC is considering limiting the Lifeline benefit to people with a unique residential street address.

The federal telephone Lifeline program has played a crucial role in keeping tens of millions of low-income households connected to employers, medical personnel, and families by making local phone service more affordable. This has enhanced the value of the phone network as more people are reachable by phone. Instead of tying the Lifeline phone service to a building, the FCC should reform and modernize the program to reflect current lifestyles of people. There is still time to make this needed improvement to the reform. We urge the FCC to make the connection.

[Wein is a staff attorney at the National Consumer Law Center]

Despite Budget Cuts USDA Committed to Expanding Broadband

Department of Agriculture Secretary Tom Vilsack says the USDA has already seen budget cuts that lead to office closings and consolidations. However, Sec Vilsack says connecting rural communities to the internet will remain a priority.

"We'll continue to expand broadband as we've done," Sec Vilsack said. "We have over 300 broadband projects that are in the process of expanding access to broadband to seven million Americans, 325,000 small businesses, and it will provide many more farmers and ranchers more access to broadband." Sec Vilsack says USDA also is looking at new technologies to make it easier and less expensive to expand access to broadband in the future.

BBG Calls for Agency Restructuring

The Broadcasting Board of Governors (BBG) announced its intention to restructure U.S. international broadcasting. It will seek legislation that would include establishing a Chief Executive Officer to manage the enterprise. In addition, the Board called for a plan to consolidate the agency’s three non-federal broadcast networks: Radio Free Europe/Radio Liberty, Radio Free Asia, and the Middle East Broadcasting Networks.

Third Circuit Won't Reconsider Super Bowl Decision

The Third Circuit Court of Appeals has denied rehearing of the decision by a three-judge panel overturning the Federal Communications Commission's $550,000 fine of CBS for the Janet Jackson Super Bowl reveal. The vote was 9-3.

The court back in November, on remand from the Supreme Court, reaffirmed its 2008 decision that the FCC's fine of CBS stations in the 2004 Janet Jackson Super Bowl indecency decision was arbitrary and was a policy change for which CBS stations were improperly penalized. It will be up to the FCC and the Department of Justice whether they want to challenge this decision in the Supreme Court as well.

Pols' South Carolina Spending Blowing Away Expectations

South Carolina is cementing its position as a vital stepping stone to a presidential nomination, with the GOP hopefuls -- and the Super PACS supporting their efforts -- pouring buckets of money into the state's television stations for air time.

As was the case in Iowa earlier this month, the money is coming in fast, furious -- and late. An estimated $11 million will be spent in political advertising on television in the state-not far off the $13.5 million spent in 2008, when both parties had nominations up for grabs. "Two weeks ago, it was probably a million. There's been a lot of activity the last two weeks," says Bob Romine, president and GM of WSPA Greenville-Spartanburg. "We anticipated $4 million, $5 million, maybe $6 million, and it's almost double that." General Managers in the state said Rick Perry, determined to inject vitality into his candidacy after poor showings in Iowa and New Hampshire, spent big on television in December. Everyone else got on board around New Year's. Local TV execs in the state say Mitt Romney's Super PAC may have a slim lead over Ron Paul's camp in terms of spending.

Ron Paul Campaign Sues To Stop Unauthorized Web Videos

In an unusual move, the campaign team for Republican Presidential candidate Ron Paul has filed a trademark and defamation lawsuit against for-now anonymous individuals who uploaded unauthorized attack videos.

The videos in question bear the name “NHLiberty4Paul” and malign former candidate Jon Huntsman’s religion and ties to China. The Paul campaign has disavowed the videos. “This is a classic case of dirty politics resulting from the unlawful use in commerce of an underhanded and deceptive advertisement designed to tarnish plaintiff’s reputation,” reads the complaint which was filed in San Francisco federal court. The lawsuit is a “John Doe” suit in which a plaintiff initiates legal proceedings and then later adds the defendants real names once their identities are obtained (usually by means of a subpoena on an internet service provider). The lawsuit is unusual from both a legal and political perspective. Ron Paul is a libertarian whose signature issue is individual liberties and freedom from government—the use of a John Doe lawsuit is potentially incongruous with these values.

Why Newspapers Often Don't Call Out Politicians for Lying

In the New York Times, Public Editor Arthur S. Brisbane has reignited a long-running debate in journalism: When, if ever, should newspaper staff writers challenge rather than merely report the "facts" that are asserted by newsmakers?

His real world example: "On the campaign trail, Mitt Romney often says President Obama has made speeches 'apologizing for America,' a phrase to which Paul Krugman objected in a December 23 column arguing that politics has advanced to the 'post-truth' stage. As an Op-Ed columnist, Mr. Krugman clearly has the freedom to call out what he thinks is a lie. My question for readers is: should news reporters do the same?" One school of thought is that reporters ought to try, whenever possible, to independently verify claims, and to report that they are true or false if that can be established. This would, of course, stoke controversy about whether certain claims are in fact false, or merely matters about which there is legitimate disagreement. But perhaps the alternative is worse: the status quo is a system that enables folks who manipulate the public. These disingenuous people brazenly feed the press lies knowing that at worst they'll be printed alongside, and given equal billing with, a quotation from "the other side."

EU moves early on Google antitrust probe

European regulators will decide around the end of March whether to file a formal complaint against Google for misuse of its market position, potentially bringing the internet company's squabble with competitors to a head much sooner than expected. Until this point officials had been playing down expectations of an early conclusion to the informal investigation stage, although there still could be a long way to go. Antitrust investigations typically take several years.

LightSquared accuses GPS industry of rigging the evidence

LightSquared isn’t giving up its quest to build a nationwide LTE network despite the odds continuing to stack against it.

On Jan 18, LightSquared accused the commercial GPS industry of “rigging” government tests on the potential GPS interference problems of its network and called on the Federal Communications Commission and the National Telecommunications and Information Administration to hire an independent lab to conduct a new round of testing. LightSquared EVP of Regulatory Affairs and Public Policy Jeff Carlisle said the burden of proof the commercial GPS industry wants LightSquared to meet is not only insurmountable, but was in fact established to ensure the committee would reach a foregone conclusion.