December 2012

House Commerce Committee Marks 217th Anniversary

In writing Congressional Government in 1885, Woodrow Wilson (who would go on to become the nation’s 28th president) astutely observed, “It is not far from the truth to say that Congress in session is Congress on public exhibition, whilst Congress in its committee-rooms is Congress at work.” The history of the Committee on Commerce is the story of Congress at work to achieve American prosperity and opportunity.

Just 19 years after the Declaration of Independence was signed, and eight years after the Constitution was ratified, the infant nation known as the United States of America was challenged by how to create laws in a way that best served the American people. Since its inception on December 14, 1795, our committee, first established as the Committee on Commerce and Manufactures, has considered, reported, and overseen many of the most important and vital pieces of legislation to be enacted by the United States Congress. Today, the committee has responsibility for matters including telecommunications, consumer protection, food and drug safety, public health and research, environmental quality, energy policy, and interstate and foreign commerce.

Argentina Declares Media Law Constitutional, Begins Process To Break Up Grupo Clarin

Argentina's government told the country's largest media conglomerate that it has begun a process to break up the company and auction off its media licenses.

Grupo Clarin has battled with President Cristina Fernandez for years. Fernandez argues that it is a corporate monopoly and has funded a network of pro-government newspapers and stations to challenge Clarin's dominance. Grupo Clarin has called Fernandez's bid to break it up an illegal attempt to silence one of the government's leading critics and to stifle press freedom. Martin Sabbatella, the head of the government media regulation body, said that the government will make the conglomerate and other companies comply with the law, which bars any company from owning too many different media properties.

Privacy watchdog group calls on FTC to investigate 'SpongeBob' mobile app

The Center for Digital Democracy (CDD) called on the Federal Trade Commission to investigate a "SpongeBob SquarePants"-themed mobile app game by Nickelodeon and mobile game developer PlayFirst, claiming that it violates online child privacy rules.

In its complaint, the privacy watchdog group says the "SpongeBob Diner Dash" game asks kids to submit some of their personal information, including their full name and e-mail address, without obtaining parental consent or providing a notice to parents first. CDD charges that this information collection violates the Children's Online Privacy Protection Act (COPPA), even though the app claims that it complies with the privacy law. CDD says the app also doesn't provide a description of the personal information it collects, or how it uses that information.

FCC Establishes Schedule for Ex Parte Meetings Regarding Accessible Emergency Information and Apparatus Requirements for Emergency Information and Video Description

On November 19, 2012, the Federal Communications Commission released a Notice of Proposed Rulemaking in the Matter of Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010 (the “NPRM”). Pursuant to certain provisions of the Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”), the FCC seeks comment in the NPRM on proposals to make televised emergency information more accessible to individuals who are blind or visually impaired and to ensure that television apparatus are able to make available video description and accessible emergency information. Comments are due on December 18, 2012, and reply comments are due on January 7, 2013. Specific filing instructions are detailed in the NPRM.

As described in the NPRM, this matter shall be treated as a “permit-but-disclose” proceeding in accordance with the FCC’s ex parte rules. Given the April 9, 2013 statutory deadline for completing the emergency information proceeding, we have determined it would be more efficient for FCC staff to set aside a few days for ex parte meetings. Staff from the Media Bureau’s Policy Division, as well as staff from the Consumer and Governmental Affairs Bureau, will be available for meetings with interested parties to discuss issues raised in comments and reply comments on January 14, 16 and 17, 2013.

Leadership Changes at FTC

Federal Trade Commission Chairman Jon Leibowitz today announced that David C. Vladeck, Director of the FTC’s Bureau of Consumer Protection, is leaving the agency on December 31 to return to a faculty position at Georgetown University Law Center, and that Charles A. Harwood, who has been a Deputy Director in the Bureau for the past three years, will serve as Acting Director of the Bureau of Consumer Protection. Chairman Leibowitz also announced that Eileen Harrington, the agency’s Executive Director, will retire at the end of year, and that Pat Bak, who currently serves as Deputy Executive Director, will serve as Acting Executive Director. The Office of Executive Director is responsible for the administration and management of the Commission, including its human capital, information technology, financial management, administrative services, and legal document processing and records management activities.

During Vladeck’s tenure, the agency also has taken decisive action against scams on the Internet, including stopping nearly $1 billion in online marketing fraud by shutting down bogus “free trial” offer schemes. Vladeck also created the Mobile Technology Unit to coordinate the agency’s mobile enforcement actions and policy work and established an undercover Mobile Technology Lab to investigate and capture evidence. In addition, during Vladeck’s tenure, the agency developed a comprehensive framework for privacy protection and brought a number of landmark enforcement actions to protect consumer privacy, including cases against Google and Facebook.

Fox asks appeals court to stop Dish's ad-skipping DVR, right now

Fox Broadcasting, having lost a key court ruling last month, is more eager than ever to kick Dish Network's new ad-skipping Hopper DVR off the market.

Last month, a federal judge found that Dish's DVRs probably don't break copyright law, ruling that the Hoppers can stay on the market and operate normally while Fox proceeds with its lawsuit. Fox is arguing that it can't wait, and it says that Dish's product has the potential to do serious damage to various aspects of the ad-supported TV business. As promised, it appealed the lower court decision and has now filed its opening brief at the US Court of Appeals for the 9th Circuit. The various affiliates of the Fox media empire originally filed the lawsuit back in May.

87% of US magazine and newspaper publishers have an iPad app, survey says

A large annual survey of magazine and newspaper publishers finds that 90 percent have some sort of mobile presence — whether it’s on a tablet, smartphone or e-reader. And while less than a quarter (22 percent) say that their smartphone and tablet apps are profitable, more than half expect they will become profitable in the next two years. Sixty-three percent of publishers surveyed “agree that tablets are the most important digital channel for their publication’s future.” The Alliance for Audited Media (formerly known as the Audit Bureau of Circulations) surveyed its 210 North American magazine, newspaper and business publication members for its fourth annual survey on digital practices, this year entitled “How Media Companies are Innovating and Investing in Cross-Platform Opportunities.”

Softbank, satellite making phone for use in earthquakes

Softbank will soon offer a new satellite phone for use in earthquakes and other natural disasters.

The Japanese carrier said it has teamed with Thuraya, a Dubai-based provider of satellite operator services and phones, to offer services. The companies said they will launch a new handset designed specifically for the Japanese market from February, sold through Softbank's retail outlets across the country. Softbank said the deal with Thuraya will allow it to provide better services during natural disasters like the massive earthquake and tsunami that hit northeast Japan last year. In the power and services outages that followed, Softbank was often slower to restart services than its local competitors. The company said it will specifically target local media, energy companies and government customers, although private individuals will also be able to buy the new satellite phone.

Prison Phone Justice Movement Finds Champions at the FCC and in Hollywood

Federal Communications Commission member Mignon Clyburn has stood up to champion the end of grossly excessive prison phone rates.

At a November 15th rally outside the FCC, Commissioner Clyburn reiterated her public support for the “Wright Petition,” announcing that FCC Chairman Julius Genachowski is now circulating a Further Notice of Proposed Rulemaking on the Wright Petition for a vote. Commissioner Clyburn also hosted an FCC screening of Middle of Nowhere, a Sundance award-winning film that highlights the struggles of families with incarcerated family members, and that highlights the injustices that emanate from the predatory prison “payphone” system. Unlike traditional payphones used outside of the prison walls, prison “payphones” are not pay telephones at all. Rather, they are PBX’s set up to monitor inmate conversations.

Deployable Radio Frequency Data Backbone to Match Fiber Optic Capacity

Fiber optic cables provide the core backbone for military and civilian networks, enabling Internet, phone, video and other data to move at super-high speeds with virtually no degradation over long distances. In deployed environments, where a fiber optic backbone doesn’t exist, other communications modes are used resulting in reduced data-rate capacity for the warfighter.

DARPA’s 100 Gb/s RF Backbone (100G) intends to develop a fiber-optic-equivalent communications backbone that can be deployed worldwide. The goal is to create a 100 Gb/s data link that achieves a range greater than 200 kilometers between airborne assets and a range greater than 100 kilometers between an airborne asset (at 60,000 feet) and the ground. The 100G program goal is to meet the weight and power metrics of the Common Data Link (CDL) deployed by Forces today for high-capacity data streaming from platforms. A major challenge to providing 100 Gb/s from an airborne asset to the ground is cloud cover. Free-space optical links won’t propagate through the cloud layer, which means RF is the only option. The system will be designed to provide all-weather capability enabling tactically relevant data throughput and link ranges through clouds, fog or rain. Technical advances in modulation of millimeter-wave frequencies open the door to achieving 100G’s goals.

Benton

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