May 2012

Antitrust chairman raises new questions about Verizon spectrum deal

Sen. Herb Kohl (D-WI), chairman of the Senate antitrust panel, is raising fresh questions about Verizon’s proposal to buy spectrum from cable providers following the company’s decision to stop offering DSL Internet as a stand-alone service.

In a letter sent to Verizon General Counsel Randal Milch, Chairman Kohl said he is concerned about "the potential harm to both competition and consumers that could result" from the decision to only offer DSL in a bundle with other products. Chairman Kohl questioned whether the decision undermines Verizon’s promise that the companies plan to purchase spectrum from cable companies won’t limit consumer choice. Chairman Kohl noted that Verizon didn't announce the discontinuance of standalone DSL until after a hearing his subcommittee held and said the move contradicts Verizon's testimony at that hearing. Chairman Kohl closed the letter with a series of questions, asking when Verizon decided to discontinue stand-alone DSL, whether it had anything to do with the spectrum deal, what Verizon's savings will be from discontinuing stand-alone DSL and the reason for the "price differential" between bundled and stand-alone DSL. He said he expects a response from Verizon within three weeks.

DirecTV sent a letter "expanding on its concerns" about associated commercial marketing agreements between Verizon and the cable operators. DirecTV complains that it was working with Verizon on a next-generation fixed wireless broadband product that they would jointly market with DirecTV's video bundle, a project that was abandoned, DirecTV says, after Verizon entered into the agreements with cable operators to jointly market wireless and video services. It argues that dropping DSL broadband service "continues the pattern of abandoning initiatives that would compete with cable."

The “Richie Rich” fundraiser? Upcoming Romney event at 65,000 sq. ft. Hillsborough chateau

Even as the Mitt Romney campaign tries to distance the GOP presidential candidate from that millionaire-Bain Capital-rich guy image, it’s “there they go again” – with a May 30 Bay Area fundraiser for Romney and his wife, Ann, at a 65,000 sq. ft. mansion called Chateau Carolands in Hillsborough (CA). And Ann Romney will star in her own upscale event, a “ladies luncheon” the same day — at the Palo Alto home of Cisco Systems CEO John Chambers and his wife, Elaine. Tickets start at $1,000 for Ann’s event, and $2,500 for an evening at the Chateau with Mitt and Ann. They go all the way up to $50,000.

US at risk of 'catastrophic cyberattack' says intelligence panel chairman

The United States is woefully unprepared to counter a “catastrophic cyber-attack” that's expected within 12 to 24 months, House Intelligence Committee Chairman Mike Rogers (R-MI) said.

The House has been doing its part, Chairman Rogers said, easily passing his cybersecurity bill last month while his own committee adopted its spending bill for fiscal 2013 by a unanimous 19-0 vote. But the White House, citing privacy concerns, has issued a veto threat against the legislation that would allow the government to inform private companies about impending cyber-attacks. “We are today involved in a cyber war,” Chairman Rogers said in remarks at a Carnegie Endowment for International Peace event marking the launch of The Hill's Global Affairs blog. “Our challenge is … can we prepare ourselves quickly enough?”

FCC Sets Pleading Cycle for Spectrum Deals

T-Mobile, Cricket, CIVS, Savary Island A, and Savary Island B, have filed a series of applications seeking approval to assign Personal Communications Service and Advanced Wireless Service licenses to effect proposed spectrum exchanges.

T-Mobile, Cricket, and CIVS will receive entire and/or partitioned licenses pursuant to the proposed assignments; these Applicants, along with Savary Island A and Savary Island B, also will be assigning entire and/or partitioned licenses as a result of the proposed spectrum exchanges. The Applicants state that the proposed assignments constitute license exchanges that will rationalize the spectrum to allow the Applicants to utilize spectrum more efficiently. The Applicants also state that a significant portion of the spectrum proposed to be assigned will occur as exchanges of spectrum within the same market and that these intra-market exchanges will allow efficiency benefits associated with larger blocks of contiguous spectrum and/or alignment of spectrum held in adjacent markets. The Applicants also assert that as a result of the proposed transactions, T-Mobile and Cricket will increase their presence in certain markets in which they already operate.

Why Warren Buffett is buying newspapers

[Commentary] Warren Buffett’s Berkshire Hathaway acquired his hometown newspaper in January and just snapped up dozens more in a $142 million deal. This is supposed to be the fastest declining industry in America. What is Warren Buffett up to?

Here’s how he explains it: “In towns and cities where there is a strong sense of community, there is no more important institution than the local paper. The many locales served by the newspapers we are acquiring fall firmly in this mold and we are delighted they have found a permanent home with Berkshire Hathaway.”

But media analyst Ken Doctor calls it “a three corner pool shot that accomplishes several things at once.” Doctor notes that the deal includes an enormous loan and credit line to the newspapers’ former owner, Media General, in which Berkshire Hathaway will earn 10.5 percent. Buffett’s company also obtained stock warrants that will likely pay out handsomely as Media General works on becoming a full-time broadcasting company. But what of the newspapers themselves? Doctor says that Buffett got them for a steal, noting that they sold on average for about $2 million a pop — or the price of an expensive home in each of the towns where they’re printed. “In these communities, the local paper is the sole source of everyday news — from high school sports, local events or obituaries,” says Gordon Crovitz, former publisher of the Wall Street Journal and founder of digital subscription service, Press+. This lack of competition has not only meant a slower decline in their print operations, but also a longer time period to make the transition to digital. While some metropolitan papers have rushed in a panic from one ill-advised paywall strategy to another in an effort to stay alive, smaller papers have had the luxury of a wait-and-see approach. In the meantime, digital subscription strategies have become more refined.

In Social Media, Support for Same-Sex Marriage

With public opinion polls showing the American public fairly evenly split on the issue of same-sex marriage, many social media users last week voiced strong support for those unions.

On Twitter and blogs last week, statements backing the right of gay couples to marry outnumbered those opposed by more than 2-to-1-continuing a trend that has surfaced before in social media. For the week of May 7-11, Obama's comment on May 9 in favor of same-sex marriage was the No. 1 topic on blogs and the No. 3 subject on Twitter, according to the New Media Index from the Pew Research Center's Project for Excellence in Journalism. An examination of the social media conversation reveals that while the president's pronouncement increased the amount of discussion online, it did not appear to alter the overall level of support. To gauge the views of those on social media, PEJ used computer technology from the media monitoring firm Crimson Hexagon to identify the tone of the conversation on both Twitter and blogs. The examination included the period from May 6-the day that Vice President Joseph Biden voiced his support on Meet the Press-to May 13, five days after North Carolina voted down gay marriage and four days after Obama's statement. The study was not focused solely on Obama's interview, but rather the views related to gay marriage overall.

In 8 Years, Facebook Changed All We Do Online

Is Facebook worth the $100 billion or so its pending IPO suggests it is? Who the good gracious knows. But one thing we can all be certain about is how the social network has radically changed people's behavior and expectations online in the eight short years since it was a nary more than a twinkle in the eye of its baby-faced founder(s).

Those changes have had the monumental impact of facilitating the formation of entirely new industries and dramatically shifting the way brands market themselves online. There are things we do online today, that we take so much for granted that we forget that some of them didn't exist even as recently as two years ago. And others were so radical they inspired outright rebellions when they were first introduced. And yet all of these things are not only commonplace today, they are the presumed paradigms. To operate any differently would seem downright odd.

Facebook IPO catches lawmakers’ attention

Facebook’s initial public offering is the buzz of the technology community, but it’s not going unnoticed in Washington. Sen. Carl Levin (D-MI) said that the social network’s public stock offering is a prime example of why Congress needs to close loopholes in corporate taxes.

“Facebook’s IPO tomorrow will certainly make history in one way — the corporation's $16 billion stock option tax deduction will be the biggest Mack truck ever driven through the stock option loophole,” he said on the Senate floor. The group Citizens for Tax Justice said that the tax law allows corporations to issue options to employees to buy company stock in the future for its original issuing price. If the stock goes up in value by the time employees exercise the option, the company can deduct the difference for tax purposes. Facebook’s filings say that the deduction, which could reach about $16 billion, will result in a net operating loss that could entitle the company to a refund on corporate taxes it paid in the past two years. According to the filing, that refund could “be up to $500 million and payable to us” during the first six months of 2013.

Facebook vs. Apple

Relations between Facebook and Apple are a bit like those between the United States and China. The two companies, great powers in their own right, are neither friends, nor outright hostile toward each other.

When I asked someone who has known the principals at Facebook for years about how Apple and Facebook view each other, he e-mailed me back a litany of somewhat contradictory emotions, using expressions like “mutual respect,” “cold and distrustful,” “not friends” and wanting to “find a way to work together.” First, there are the obvious reasons that Apple and Facebook do not hate each other. It would be difficult to find two companies of their stature in the tech industry that compete less. Facebook does not make computers, an operating system, a tablet and, at least for now, a mobile phone. Apple does have a social network, Ping, but it is a narrowly focused service aimed at people who want to share their musical tastes on iTunes. No one at Apple would argue with a straight face that it’s meant to challenge Facebook, and Ping seems largely to have been forgotten by the company and the public.

Moguls with hoodies: The blurring line between Silicon Valley and Hollywood

The roadshow for the upcoming Facebook IPO, together with the heightened public scrutiny into Facebook's inner workings, has opened our eyes to the ways the Internet business as we know it looks a lot like the entertainment industry. As much as we want to think that companies such as Facebook, Twitter and Google are somehow part of a new Internet zeitgeist, the fact is that they rely on advertising dollars for their profitability, just like any other media or entertainment property. The moguls with hoodies are now concerned about everything their entertainment colleagues are worried about: making their advertisers happy, cranking out blockbuster hits, and achieving scale and distribution. Is it possible that, already, Silicon Valley and Hollywood are just different sides of the same coin?