June 2012

FCC Commissioner Pai Announces New Staff

Federal Communications Commission member Ajit V. Pai announced the appointment of Nicholas Degani as his Legal Advisor focusing on wireline issues.

Degani comes to Commissioner Pai’s office from a detail to the U.S. House of Representatives Committee on Commerce, where he served as counsel under Chairman Fred Upton (R-MI) and Communications and Technology Subcommittee Chairman Greg Walden (R-OR). His portfolio included communications issues and agencies, with a focus on the Universal Service Fund, intercarrier compensation, privacy, cybersecurity, agency jurisdiction and spending, and the administrative process. Before his detail, Degani served as an Attorney Advisor in the Wireline Competition Bureau’s Telecommunications Access Policy Division, where he worked on issues related to the Universal Service Fund’s low-income and schools and libraries programs, as well as contributions and eligible-telecommunications-carrier issues. Degani has also worked in the Commission’s Office of General Counsel and the Wireline Competition Bureau’s Competition Policy Division, where he worked on pole attachment issues, transaction review, broadband policy, and numbering issues related to Internet-based Telecommunications Relay Services. Degani entered the Commission through the Attorney Honors Program in 2007.

Earlier in his career, Degani served as a law clerk for Judge Jeffrey Sutton of the United States Court of Appeals for the Sixth Circuit. He graduated cum laude from Harvard Law School and magna cum laude from Yale University, where he studied Electrical Engineering/Computer Science and History.

Sharon Gillett, FCC Wireline Competition Bureau Chief to Step Down

Sharon Gillett will be departing the Federal Communications Commission and leaving her role as Chief of the Wireline Competition Bureau to return to the Boston area. Julie Veach, currently Deputy General Counsel in the Office of General Counsel, will serve as Chief of the Wireline Competition Bureau, effective June 30.

Veach currently serves as Deputy General Counsel for administrative and general law issues. Prior to joining the Office of General Counsel in 2009, she served as Deputy Chief of the Wireline Competition Bureau, where she led many of the Bureau's efforts involving broadband, competition, and data gathering and analysis. Ms. Veach also held a variety of other positions in the Wireline Competition Bureau. Before joining the FCC in 2001, Ms. Veach was an associate with the law firm of Wilmer, Cutler & Pickering, and she clerked for the Hon. Michael S. Kanne of the U.S. Court of Appeals for the Seventh Circuit. She graduated magna cum laude from the Indiana University School of Law and holds a B.A. from Purdue University.

Putting the Consumer Privacy Bill of Rights into Practice

Providing transparency in how consumer data is handled by mobile applications – this is the first topic for the National Telecommunications and Information Administration’s for the privacy multistakeholder process.

On July 12, NTIA will convene the first meeting for stakeholders to begin developing a code of conduct that applies the Transparency principle in the Consumer Bill of Rights to mobile apps. The NTIA proposed this as an initial topic because it is a privacy challenge that affects many consumers yet is discrete enough to be addressed in a reasonable period of time. Many of you agreed. The NTIA expects the stakeholder experience in developing a code of conduct on this topic will inform future efforts to develop codes that address other privacy issues. When codes of conduct are developed and implemented, consumers will have clearer protections and businesses will have greater certainty. And maintaining consumer trust in the Internet will help ensure that it remains an engine for American innovation and economic growth.

Stations Should Embrace TV for the Blind

[Commentary] Now that Congress has mandated that stations provide audio descriptions for blind and sight-impaired viewers, broadcasters should stop fighting it. I get it. Nobody likes to be told what to do by the government. But this is an instance where broadcasters are being told to do something that they ought to have been doing anyway. So accept it and, in the great spirit and tradition of broadcasting, make the most of it.

Why Broadcasters Didn't Tune in More Dollars at the TV Upfront

Something funny happened on the way to this year's upfront. Advertisers who were expected to demonstrate their love for TV by again committing to spend even more money there wound up distracted by a competing concern: a shaky economy.

The gyrating stock market and disappointing employment figures gave TV's biggest sponsors an urge to keep their money in their pockets, where they knew it would be safe, rather than agreeing to use it on TV-network ad time -- at least for now. Yes, it's true, advertisers committed a staggering amount of wampum to this year's upfront, that annual process through which the big TV networks try to sell the bulk of their ad inventory for the upcoming season. And they agreed to increases in ad rates. But they didn't let their overall dollar commitments surpass those agreed to last year. This year, the five English-speaking broadcast networks won a total of between $8.8 billion and $9.3 billion, depending on whose fuzzy math you use. And while that sounds like a lot, it's about the same amount secured last year by the Big Four-And-A-Half (The CW is too small a revenue generator to make a Big Five). More telling, perhaps, the amounts secured this year fall short -- once again -- of the $9.5 billion attracted by six networks (CW had yet to form from the ashes of WB and UPN) in 2004, re-energizing that old debate, the one about whether marketers will maintain their devotion to the TV set when new technology creates such a dizzying array of new media venues to examine.

Getting Seniors Online – Challenges and Opportunities

Last month the Benton Foundation and Connected Living co-hosted a day-long examination of the challenges related to broadband adoption by low-income elderly consumers. Getting Seniors Online highlighted the work of several projects targeting low-income seniors funded by the Broadband Technology Opportunities Program (BTOP), administered by the National Telecommunications & Information Agency (NTIA) at the U.S. Department of Commerce. We also looked at one non-BTOP funded project in Miami which serves a multicultural community.

There is a sense of urgency among BTOP grantees, as federal stimulus funding is coming to an end. Sustaining the work and applying “lessons learned” will help to continue the momentum created by these federal investments. The low-income elderly are among our most vulnerable populations and least likely to enjoy the benefits of online communications. The latest data from the Pew Research Center indicates that more than 50 percent of people over the age of 65 are now online. Statistics, however, do not always paint a complete picture.

Here’s a sampling of what we learned during our convening:

  • Barriers to adoption for the elderly include anxiety. Projects reported that many seniors fear that they’ll break the computer or otherwise do something wrong.
  • The elderly experience greater socio-economic disparities than other age groups.
  • Effective approaches consider age tiers, rather than lumping seniors into a “65 years+” category.
  • Isolation – contrary to popular opinion, use of computers and the Internet by the elderly helps fight off isolation, rather than increase it.
  • Trust issues: public libraries are cited as trusted places for seniors, even in rural area. Danger in budget cuts
  • It is critical to include the elderly in planning successful program: “Do with, not for.”
  • Seniors make great peer coaches – something to consider for the proposed Digital Literacy Corps.

Getting Seniors Online

Americans are living longer and becoming increasingly dependent on a constantly-changing telecommunications environment for health care services, access to public and private services, and staying in touch with family and friends. One of our greatest challenges as a nation is ensuring that low-income seniors become actively engaged in navigating the 21st Century telecommunications infrastructure – the Internet. The Benton Foundation and Connected Living hosted a conference on May 22, 2012, bringing together evaluators, practitioners and policymakers to exchange ideas and offer best practices, and explore how to continue working on this issue in a post-federal stimulus era. The American Recovery and Reinvestment Act (ARRA) provided funding for partnerships and projects that focused on bringing unserved and underserved communities online through the Broadband Technology Opportunities Program (BTOP).

Accelerating Broadband Deployment

[Commentary] This week, the White House announced the latest federal actions to lower broadband deployment costs across the Nation. Part of these efforts include the launch of the US Ignite Partnership between Federal agencies along with partners from industry, the non-profit sector, and local communities to accelerate the development of applications that can take advantage of ultra-high-speed, programmable broadband to bring innovative new products and services to the American people.

ITU Sets Broadband Targets in Advance of G20 Summit

In advance of the G20 financial summit in Mexico, The International Telecommunications Union's Broadband Commission for Digital Development has set universal broadband targets for developed and developing countries. The G20, which represents some of the world's top economies, was advised by the commission to treat broadband as they would other essential utilities, like water, roads and electricity, by "mak[ing] the necessary investments to enable their citizens to participate in and benefit from the digital economy and global innovation -- or risk exclusion."

The commission's broadband targets are that, by 2015:

  • All countries should have a national broadband plan or strategy or include broadband in their Universal Access/Service Definitions.
  • Entry-level broadband services should be made affordable in developing countries through adequate regulation and market forces (amounting to less than 5% of average monthly income).
  • Forty percent of households in developing countries should have Internet access.
  • Internet user penetration should reach 60% worldwide, 50% in developing countries and 15% in LDCs (least developed countries).

"We therefore ask the G20 leaders to consider the vital contribution that broadband and broadband-enabled applications and services can make to global and sustainable social and economic development and recognize broadband as a key enabling framework," said the commission.

Network neutrality could be a victim under an ITU Internet takeover

Network neutrality, the idea that an Internet service provider can’t discriminate against the traffic traveling over its network, is an enshrined legal right in some areas and a hotly contested regulatory fight in others. But according to a post over at TechDirt it may become moot if the International Telecommunications Union succeeds in its plans to dictate terms that will affect how traffic flows on the Internet.

Earlier this month some of the proposed rules associated with the UN’s plans surfaced on a blog and since then other leaks have given us a sense of what’s on the negotiating table at the UN. The one seeking to gut network neutrality is submitted by ETNO — the European Telecommunications Network Operators Association. Now, this proposal may never make it to the final ITU version of the rules and the ITU itself may never get the authority it wants in terms of being able to dictate how packets travel on the Internet, but it is worth understanding what regulators are considering in this fairly secret process. Glyn Moody at TechDirt has read those documents and clips the relevant segments to argue that these proposals would effectively make network neutrality illegal.