October 2012

FCC Seeks Comment on Sirius, Liberty

The Federal Communications Commission called for public comment on Liberty Media’s application for approval to take control of Sirius XM Radio, a sign the agency is moving forward to evaluate the application. In a public notice issued on Oct 2, the FCC said that parties wishing to comment on Liberty's application need to submit them by Nov. 1 and responses or oppositions to comments must be filed by Nov. 20. After that, the FCC is expected to take several weeks to make a decision. The FCC said that it had decided to evaluate the application even though Sirius had not signed certain forms related to it. The two companies have been wrangling for months over Liberty's desire to exercise control of Sirius.

T-Mobile Redials America

When you are in a hole, you usually stop digging. And yet struggling T-Mobile USA, after failing to sell itself to AT&T, may be about to dig even deeper into the U.S. market: It is in talks to purchase prepaid mobile carrier MetroPCS PCS.

In many ways, it actually makes sense for T-Mobile's parent, Deutsche Telekom, to bulk up in the U.S. with the deal. It would eliminate a low-cost competitor and give the combined companies 29.5% of the prepaid market, according to Sanford C. Bernstein. Total subscribers would be 42.5 million, against 56 million for Sprint, 111 million for Verizon Wireless and 105 million for AT&T, as of the second quarter. If T-Mobile were to structure the deal as a reverse merger, as some analysts have suggested, it would give the company a U.S. stock listing. That would allow it to finance itself separately and let Deutsche Telekom sell down its exposure over time. MetroPCS's spectrum holdings are geographically complementary with T-Mobile's. And a deal would significantly bolster the latter's presence in the top 100 markets, as well as giving it crucial bandwidth to build a next-generation LTE network. One key opportunity is for T-Mobile to move subscribers off MetroPCS's network, which uses a different technology, and eventually to turn it off. That would both free up spectrum and allow the combined company to save money by merging cell sites, among other things. But it can be a painful process.

FTC Chairman: Advertisers Backing Away from ‘Do Not Track’ Pledge

In February, the online advertising industry declared that it would agree to honor “Do Not Track” options in Web browsers by the end of the year– a reversal of its previous opposition to the anti-tracking effort. Now, that year-end goal – announced with much fanfare at the White House – is looking less likely. Federal Trade Commission Chairman Jon Leibowitz said that the industry “appears to be backing off from its commitments.”

Chairman Leibowitz, who has been leading the crusade for a Do Not Track option in Web browsers, said he still hopes that an agreement can emerge from the Tracking Protection Working Group meeting in Amsterdam this week, where privacy advocates and advertisers are hammering out the details of a Do Not Track button for Web browsers. The sticking point is likely to be the industry’s definition of Do Not Track, which includes an exception for tracking related to market research and product development. Privacy advocates have pushed for limits on how long the industry can keep data for such purposes, and requirements that the data be anonymized after a certain date.

Chairman Rockefeller Backs FTC in Do-Not-Track Spat

Senate Commerce Chairman Jay Rockefeller (D-WV) is coming to the Federal Trade Commission's defense in the wake of criticism from some advertisers and GOP lawmakers over the agency's efforts to ensure consumers have a robust "do-not-track" option.

In a letter set to be delivered to FTC Chairman Jon Leibowitz, Chairman Rockefeller urged the commission to continue to work with the World Wide Web Consortium, or W3C, on developing standards for a do-not-track option. Leibowitz has been a strong proponent of giving consumers a choice of whether they want to be tracked online. Most major Internet browsers now include a do-not-track option. The W3C, a group that sets technical standards for the Web, has convened a working group that includes privacy advocates, advertisers, Internet browser makers, and others aimed at developing voluntary standards for how websites should respond to consumers' do-not-track choices. The group is meeting in Amsterdam this week to continue its work despite disagreement between privacy advocates and advertisers on how to proceed.

FTC hires economist in Google case

The Federal Trade Commission has hired a prominent outside economist to assist with its antitrust investigation of Google in a sign it is prepping for a potential court fight with the company.

Rich Gilbert, an economics professor at the University of California, Berkeley, has been tapped by the FTC to serve as a key economist in the commission’s probe of whether Google’s business practices are anti-competitive. Gilbert joins Beth Wilkinson, the former Justice Department prosecutor who played a lead role in the conviction of Oklahoma City bomber Timothy McVeigh, as outside experts hired to help the FTC in the event it brings a case against Google. The hiring of an outside economist in an antitrust case as large and complex as the Google probe is common, experts say. But it’s also a clear sign that the FTC has escalated its antitrust investigation and is preparing in case it brings litigation against Google.

Crossroads groups swamp airwaves

The Karl Rove-backed American Crossroads super PAC and Crossroads GPS non-profit group spent more than $20 million in late September on TV and radio ads attacking President Barack Obama and congressional Democrats.

The Crossroads ad buys are part of a wave of spending from conservative groups in the second half of September that swamped liberal outfits, a POLITICO analysis of federal data indicates. And they’re not slowing down. The two groups are about to launch a week-long advertising campaign in key battleground states worth $16 million. That includes $11 million on a spot focusing on the stimulus bill and the unemployment rate. Top-spending liberal organizations such as House Majority PAC and Priorities USA Action simply couldn’t compete last month, as has been the case for most of the 2012 campaign. Of the 10 groups spending the most in late September to directly support or oppose federal candidates, $47.4 million came from identifiably conservative entities while liberal groups spent $21.8 million, records show.

Samsung asks for new Apple trial

Samsung has called for a new trial of its high-profile US patent case against Apple, suggesting the foreman of the jury which awarded the US group $1 billion in damages may have been biased by an undisclosed lawsuit of his own.

The South Korean company said Velvin Hogan, the San Jose jury foreman, did not tell the court before the trial that he was sued in 1993 for breach of contract by Seagate, the computer storage manufacturer in which Samsung now holds a significant stake. Hogan subsequently filed for personal bankruptcy. “Mr Hogan’s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning,” Samsung said in a filing.

ACA Pans MLB Rights Deal

The American Cable Association, which has long argued about the price of sports' rights' impact on price its small and midsized members have to pay for channels, was smarting at the $12.4 billion price tag for the new Major League Baseball TV deals.

"The plain truth is that these MLB deals will send monthly pay-TV bills streaking skyward," said ACA president Matt Polka. "They will make life hard for families whose incomes, hammered by the recession, can't keep pace with the greed of broadcasters, cable networks and sports leagues. And these MLB deals follow the announcement of equally harmful deals between the National Football League and CBS, NBC, Fox and ESPN worth more than $42 billion. Cable or satellite TV service consisting of a few dozen channels at a reasonable price is a great deal. But insane sports contracts are destroying a business model that once balanced the interests of consumers, pay-TV operators, programmers and advertisers." "If sports leagues, broadcasters, and programmers are unable to moderate themselves, then ACA will have no choice but to join with consumers to seek intervention in this increasingly broken marketplace," he said.

Rep Markey Asks FCC to Retain Ban On Exclusive Contracts

Rep. Ed Markey (D-MA) has asked the Federal Communications Commission to extend the program access rules, which are slated to sunset Oct. 5, unless the FCC renews them.

According to a draft order circulated two weeks ago, FCC Chairman Julius Genachowski is proposing to allow the access rules, which ban exclusive contracts between distributors and their vertically integrated networks, to sunset, handling those complaints via case-by-case application of a rule against unfair or deceptive practices that will remain on the books. But Rep Markey, in a letter to Chairman Genachowski, says not extending that ban is still needed, that the largest cable operators remain powerful players, and that sunsetting the ban would be consumer unfriendly, pointing to the "costly and time-consuming litigation that would ensue in case-by-case adjudication of disputes in lieu of the current rules. The FCC is expected to vote on the proposal Oct 3 or 4.

Google Warns of New State-Sponsored Cyberattack Targets

In June, many Google users were surprised to see an unusual greeting at the top of their Gmail inbox, Google home page or Chrome browser. “Warning: We believe state-sponsored attackers may be attempting to compromise your account or computer.” On Oct 2, tens of thousands more Google users will begin to see that message. The company said that since it started alerting users to malicious — probably state-sponsored — activity on their computers in June, it has picked up thousands more instances of cyberattacks than it anticipated. Mike Wiacek, a manager on Google’s information security team, said that since Google started to alert users to state-sponsored attacks three months ago, it had gathered new intelligence about attack methods and the groups deploying them. He said the company was using that information to warn “tens of thousands of new users” that they may have been targets