December 3, 2013 (Wheeler's Columbus Compact)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, DECEMBER 3, 2013
The FCC and FTC are subjects, not actors, in today’s agenda http://benton.org/calendar/2013-12-03/
POLICYMAKERS
In First Major Speech, FCC Chairman Wheeler Articulates a Regulatory Philosophy - speech
GOVERNMENT PERFORMANCE
Redone HealthCare.gov faces new test
Carney: ‘Surge’ of interest in O-Care site [links to web]
Health Website Problems Weren't Flagged in Time
Fast Recovery for Health Care Website - NY Times editorial
Diagnosis for Healthcare.gov: Unrealistic Technology Expectations - MIT analysis
IG finds holes in DHS’s cybersecurity
Silicon Valley lures tech talent DC craves [links to web]
INTERNET/BROADBAND
Supreme Court refuses Amazon’s challenge to online sales tax law
Online-sales taxes are only fair - San Francisco Chronicle editorial [links to web]
Digital Cities Benefit from Broadband Investments - press release
SPECTRUM/WIRELESS
New Phoenix Center study finds that government should transfer management of spectrum to private sector - press release
PRIVACY
FTC announces privacy issues for 2014
CONTENT
Music legends deserve R-E-S-P-E-C-T - op-ed
Apple battles antitrust monitor
Why Google's Fair Use Victory In Google Books Suit Is A Big Deal -- And Why It Isn't - AEI analysis [links to web]
TELEVISION/RADIO
Court Upholds Ban on Political Ads on Public Stations
Interactive TV Standard Established For ATSC 2.0 [links to web]
NBC Plots Aggressive Live Programming Strategy [links to web]
Stay classy ND: Ron Burgundy co-anchors newscast [links to web]
Time Warner Cable next to embrace cheap HBO bundle [links to web]
Mixed Reactions From Media Critics After One Cuomo Interviews Another [links to web]
Ratings Sag for Cable-TV Business News [links to web]
EMERGENCY COMMUNICATIONS
FirstNet releases RFI on apps, kills BTOP negotiations
GOVERNMENT & COMMUNICATIONS
Media outlets renew push for access to secret spy court decisions
The NSA wrote turkey-day talking points, because of course it did [links to web]
Edward Snowden revelations prompt UN investigation into surveillance
STORIES FROM ABROAD
US students score below international averages in math, reading and science [links to web]
Women Journalists Face Rampant Workplace Abuse, Sexual Harassment: Study
Deutsche Telekom plans new packages after Internet cap blocked
Pact between government and telcos aims to cut mobile bills in the UK
French court tells Google and local ISPs to block copyright-infringing video sites [links to web]
Accused of Cyberspying, Huawei Is ‘Exiting the U.S. Market’ [links to web]
COMPANY NEWS
Apple Buys Topsy, a Social Media Analytics Firm [links to web]
Microsoft-Nokia Deal Gets Go-Ahead From Justice Department [links to web]
TiVo CEO: Netflix Rises To ‘Must-Have’ Status [links to web]
Dish Investors Can’t Exclude Ergen From LightSquared Bid [links to web]
POLICYMAKERS
CHAIRMAN WHEELER AT OHIO STATE UNIVERSITY
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeler]
In the first of a series remarks over the next several months, Federal Communications Commission Chairman Tom Wheeler began to articulate a regulatory philosophy. how we are living in a time of revolutionary technological change and the role of the FCC in tackling the challenges and seizing the opportunities created by the new network that has engulfed us. The FCC is the public’s representative to the ongoing network revolution. The agency was created originally in 1934 to oversee the third-generation networks of telephony and broadcast and, eventually cable and wireless carriers. Specifically, Congress charged the FCC to protect -- quote -- “the public interest, convenience, and necessity” of the nation’s networks. In serving the public interest, the FCC has focused on dual responsibilities. First, facilitating dynamic technological change to ensure the U.S. has world-class communications networks. Second, ensuring that our networks reflect our civic values, most notably our belief that communications networks should be accessible to all. As our networks evolve, so should government oversight. There are some who suggest that new technology should essentially free the new networks from regulation; that market forces are enough to ensure that the public interest will be served. I am a rabid believer in the power of the marketplace. But I have seen enough about how markets operate to know that they don’t always, by themselves, solve every problem. Our new networks are even more important to society than were the old ones. The public has the right to be represented as we go through the transition. The evolution of network technology changes neither the responsibility of networks to the greater society, nor the FCC’s mission to protect the public interest. Congress gave the FCC authority over interstate and foreign wire and radio communications. We have an obligation to live up to that mandate. Indeed, the success of the Internet would be imperiled were that not the case. Assuring that the Internet exists, however, as a collection of open, interconnected entities is an appropriate activity for the people’s representatives. As we fulfill our responsibility, we will be guided by two lodestars: competition policy and something Chairman Wheeler calls the Network Compact. You can think of this as the basic rights of consumers and the basic responsibilities of network operators. There are three key elements of the Network Compact -- accessibility, interconnection, and public safety and security.
benton.org/node/169003 | Federal Communications Commission
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GOVERNMENT PERFORMANCE
NEW TEST FOR WEBSITE
[SOURCE: Politico, AUTHOR: Jennifer Haberkorn]
The revitalized Obamacare enrollment website will be tested Dec 2 as consumers -- and Washington -- try to log back on to HealthCare.gov, two months after its troubled rollout flatlined even big health law supporters. The test will start on what’s expected to be heavier Web traffic on Dec 2. And it will last through Dec. 23, the deadline for millions of people — including those who have had their policies canceled — who want to log on and get coverage that starts on Jan. 1. The soft relaunch on Dec 1 also reset the effort by the Administration and its health care allies to have 7 million people sign up in Obamacare insurance exchanges in the next four months. If people can sign on and get covered, the White House hopes, it could start rebuilding support for President Barack Obama’s signature health law and confidence in the President himself. But that of course means that the site has to work reasonably well, reasonably consistently -- and that no new crises emerge. The site serves 36 states that decided not to run their own exchanges.
benton.org/node/168980 | Politico
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PROBLEMS WEREN’T FLAGGED IN TIME
[SOURCE: Wall Street Journal, AUTHOR: Gautham Nagesh]
When warning signs emerged earlier this year, the agency running the HealthCare.gov website mostly kept the problems to itself -- a decision that now looms large in explaining how the project went so badly astray. Over the weekend, the White House official leading the repair effort, Jeffrey Zients, described a series of improvements that took just six weeks to carry out under a new general contractor, underscoring how an earlier alert might have led to problems being addressed more urgently before the site's Oct. 1 launch. The agency in charge of creating the federal health-insurance website, the Centers for Medicare and Medicaid Services, originally served as its own general contractor. It had several warnings between March and July that the project was going off-track, but didn't seek deep White House involvement or change the leadership structure, according to officials, congressional aides and emails from the period.
benton.org/node/169016 | Wall Street Journal
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FAST RECOVERY FOR WEBSITE
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] The Obama Administration says it has made enormous improvements in its website for enrolling consumers in new health insurance plans. There are still major hurdles to surmount, but the strides made raise the prospects that the website will be able to help millions of Americans buy policies from private insurers on new insurance exchanges, either by Dec. 23, the deadline for policies that will take effect on Jan. 1, or by March 31, the deadline for taking out coverage without being fined. There will be federal subsidies to help those on modest incomes pay the premiums. The big challenge ahead is to upgrade the back-end systems that transmit information to insurance companies so that they can complete the enrollment process. Consumers have until Dec. 23 to sign up for policies effective on Jan. 1, leaving only three weeks to solve the back-end problem. In some cases, insurers have no record of some people who think they have enrolled or have received inaccurate or incomplete information for some enrollees. One big problem is that some insurers say they have not been told what subsidies a customer will get and what premium should be paid by the customer. If those problems can’t be fixed quickly, the administration will need to find alternate ways for people to enroll and get subsidies without going through the website.
benton.org/node/169015 | New York Times
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DIAGNOSIS FOR HEALTHCARE.GOV: UNREALISTIC TECHNOLOGY EXPECTATIONS
[SOURCE: Technology Review, AUTHOR: David Talbot]
The fiasco with the $600 million federal health insurance website wasn’t all bureaucratic. Forcing slow and disparate databases run by government and insurance companies to work together in real time -- and then launching the service all at once -- would have challenged even technology wunderkinds. In particular, the project was doomed by a relatively late decision that required applicants to open an account and let the site verify their identity, residence, and income before they could browse for insurance. That meant the site would have to interface in real-time with databases maintained by the Internal Revenue Service and other agencies. “You could put 100 Google engineers on it, and it’s not going to fix [the fact] that the scope of the project is flawed or fix the IRS system if it’s slow,” says John Halamka, chief information officer of Beth Israel Deaconess Medical Center in Boston. This problem did not plague many of the health-care exchanges at the state level. For example, the Massachusetts system lets you shop for insurance anonymously, and even apply for an insurance policy without setting up an account. Identity confirmation is done later, before the policy becomes effective. Similarly, the exchange in Kentucky -- which, like the federal website, went live on October 1 -- didn’t require users to set up an account or verify their identity before enrolling.
benton.org/node/168975 | Technology Review
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DHS CYBERSECURITY
[SOURCE: Politico, AUTHOR: Tony Romm]
The Department of Homeland Security is leading the charge to bolster the country’s porous digital defenses, but it’s also struggled this year to safeguard its own systems against hackers and spies, according to its top watchdog. A report from the DHS inspector general reiterated that the agency for months failed to patch its systems regularly against known cybersecurity threats or scan its networks consistently, in real time, to keep out digital malefactors. Some at DHS even had been using an old, soon-to-be unsupported version of Microsoft Windows, according to the IG, whose conclusions are drawn from earlier studies issued throughout 2013. DHS also lagged in developing a more secure system to ensure the right employees are accessing the right data, the watchdog found. The IG’s report card isn’t all bad for DHS, which did receive a few high marks. The agency, for its part, told the IG it has remedied some of the worst mistakes, with an eye on additional fixes next year. A spokesman said DHS “continues to improve and strengthen our capabilities to address” cyber risks. But the IG’s critical report nonetheless spells political trouble for an agency that currently lacks a secretary and previously had been dinged for its underperforming cybersecurity programs.
benton.org/node/169010 | Politico
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INTERNET/BROADBAND
SUPREME COURT REFUSES AMAZON'S CHALLENGE TO ONLINE SALES TAX LAW
[SOURCE: GigaOm, AUTHOR: Jeff John Roberts]
Can states collect sales tax from online retailers that have no physical presence in the state? For now, the answer is “yes” after the Supreme Court refused a request by Amazon and Overstock to review a lower court’s decision that upheld a law that lets New York collect taxes if the companies advertise in the state. The Supreme Court ruling comes as the “Market Place Fairness Act,” which would require Internet retailers with more than $1 million in sales to collect sales tax for state government, remains stalled in the House of Representatives. In the New York case, Amazon and Overstock challenged a 2008 state law that required them to collect tax because they have a presence in the state through their affiliates -- third-party websites that make a commission when they refer traffic to the retail giants. Amazon, noting that the company has no offices or employees based in New York, had argued that the affiliate presence wasn’t enough to give it a legal presence in the states -- but a divided appeals court sided with the state government.
benton.org/node/168983 | GigaOm
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DIGITAL CITIES BENEFIT FROM BROADBAND INVESTMENTS
[SOURCE: National Telecommunications and Information Administration, AUTHOR: Laura Breeden]
National Telecommunications and Information Administration (NTIA) congratulates the winners of the 2013 Digital Cities awards, which recognize cities for the innovative use of technology to expand access to government services, promote citizen engagement, increase transparency, reduce costs and improve the lives of residents. The Center for Digital Government, a research and advisory firm focused on technology in state and local government, gave out the awards at the National League of Cities annual conference in Seattle in November 2013. NTIA is particularly pleased to note that a number of winning cities were lauded for projects and activities funded by our Broadband Technology Opportunities Program (BTOP). Boston, which received two separate BTOP grants, took first-place honors in the Digital Cities “large population” category. The Digital Cities survey specifically recognized a BTOP-funded program in Boston called Technology Goes Home, which provides digital literacy training, subsidized netbooks and low-cost Internet access to low-income middle and high school students. Another big city that made the Digital Cities list was Chicago. Chicago used BTOP funds to install or upgrade more than 3,000 computers and offer digital literacy training at over 150 locations, including libraries, community colleges, public housing sites, workforce centers and senior centers.
benton.org/node/169001 | National Telecommunications and Information Administration
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SPECTRUM/WIRELESS
NEW PHOENIX CENTER STUDY FINDS THAT GOVERNMENT SHOULD TRANSFER MANAGEMENT OF SPECTRUM TO THE PRIVATE SECTOR
[SOURCE: Phoenix Center, AUTHOR: Press release]
Today, the Federal Government has assignments for about half of what is considered to be “beachfront” spectrum. However, most agree Government agencies, and the Government as a whole, use and manage spectrum resources inefficiently. In a new study entitled Market Mechanisms and the Efficient Use and Management of Scarce Spectrum Resources, the Phoenix Center examines the difficult yet key question of how policymakers can improve Federal Government use and management of scarce spectrum resources so as to possibly free up and repurpose some spectrum for commercial use. After review, the Phoenix Center concludes that if the goal of spectrum use and management is economic efficiency, then policymakers should expand the private sector’s management of the nation’s scarce spectrum resources. To begin, the Phoenix Center evaluates whether or not several proposed “ghost market” solutions to the efficiency problem will be effective. Next, the Phoenix Center finds that even when the Federal Government is assumed to act rationally, Government management of spectrum resources is not desirable beyond some minimum level. “Efficiency in spectrum management is far more important than efficiency in spectrum use,” says study co-author and Phoenix Center Senior Fellow Professor Randy Beard. “The fact that the Pentagon pays $750 for a hammer does not mean a consumer can’t purchase one for $10 at the local hardware store. In contrast, if the Government is an inefficient manager of spectrum, then the consequences of its inefficiency are realized across the entire spectrum ecosystem.”
benton.org/node/168974 | Phoenix Center | read the report
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PRIVACY
FTC ANNOUNCES PRIVACY ISSUES FOR 2014
[SOURCE: The Hill, AUTHOR: Kate Tummarello]
The Federal Trade Commission announced three consumer privacy issues that it plans to examine in 2014. The FTC will hold three events in 2014 that focus on mobile tracking, consumer online scoring and user-generated health data in 2014. The first seminar -- scheduled to take place on Feb. 19, 2013 -- will examine technology that allows businesses to track patrons through their mobile devices. This kind of technology “raises a number of potential privacy concerns,” especially when users doesn’t know their mobile devices are being tracked, the FTC wrote. The second event -- to be held on March 19 -- will look at how companies that collect data about user online activity use that data to score those users and then tailor their online experience them according to their scores. “These scores are determining whether transactions trigger further scrutiny, the kind of special offers that companies make to certain individuals (and those they don’t), and even whether the customer should speak to a high-ranking customer service agent at a company,” the FTC wrote. A third event, which has not yet been scheduled, will examine health data that a consumer provides voluntarily and then controls.
benton.org/node/169000 | Hill, The | FTC press release
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CONTENT
MUSIC LEGENDS DESERVE R-E-S-P-E-C-T
[SOURCE: USAToday, AUTHOR: Rep John Conyers (D-MI)]
[Commentary] For creators and producers, music is their livelihood. Their work product -- their property -- is what pays the bills. In recent months, the House Judiciary Committee has begun exploring whether copyright law is in need of revision in light of technologies that have revolutionized the way we access information and entertainment. This investigation could also reveal whether the compact between those who create music, those who distribute music and those who consume music remains fair and workable. A quirk of history protects songs recorded before 1972 under state law and songs recorded after Feb. 15, 1972 under federal law. Some digital radio services interpret that disparity to resist paying legacy artists who recorded music before 1972. The inexplicable result is that artists whose recordings were made before 1972 are not compensated by digital radio services while their counterparts whose recordings were made after that time are paid.
benton.org/node/168979 | USAToday
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APPLE BATTLES ANTITRUST MONITOR
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
Apple is accusing a court-appointed monitor of charging exorbitant fees and violating its rights. A federal judge appointed Michael Bromwich, a former Justice Department inspector general, to monitor Apple's compliance with antitrust laws after the company was found guilty of conspiring to raise the price of e-books. In a filing in federal court on Nov 27, Apple claimed that Bromwich is operating in an "unfettered and inappropriate manner" and is "trampling Apple's rights." The company said Bromwich's proposed hourly rate of $1,100 for himself and $1,025 for his "legal support system" is higher than Apple has ever paid for any task. The company said that in only two weeks, he has already demanded nearly 75 percent of the yearly salary for a federal judge. “Mr. Bromwich appears to be simply taking advantage of the fact that there is no competition here or, in his view, any ability on the part of Apple, the subject of his authority, to push back on his demands,” the company wrote.
benton.org/node/168987 | Hill, The
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TELEVISION/RADIO
COURT UPHOLDS BAN ON POLITICAL ADS ON PUBLIC STATIONS
[SOURCE: AdWeek, AUTHOR: Katy Bachman]
Public TV and radio stations will remain commercial-free, as a federal appeals court has upheld the federal ban on political advertising on such stations. In an 8-3 decision, the US Court of Appeals for the Ninth Circuit in San Francisco ruled that the federal ban that prohibited ads for political candidates or public issues paid for by for-profit companies was constitutional. "The hallmark of public broadcasting has been a long-standing restriction on paid advertising to minimize commercialization. In a classic case of 'follow the money,' Congress recognized that advertising would change the character of public broadcast programming and undermine the intended distinction between commercial and noncommercial broadcasting," wrote Judge Margaret McKeown for the majority.
benton.org/node/168993 | AdWeek
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EMERGENCY COMMUNICATIONS
FIRSTNET RELEASES RFI ON APPS, KILLS BTOP NEGOTIATIONS
[SOURCE: Fierce, AUTHOR: Tammy Parker]
The First Responder Network Authority moved further along with planning for the LTE-based nationwide public-safety broadband network (NPSBN) by issuing a request for information (RFI) on application platforms. However, FirstNet also put an end to negotiations with several public-safety entities hoping to lease its spectrum for public-safety networks within their jurisdictions. The RFI seeks input on eight specific areas, including mobile device application solutions, mobile app stores, Big Data/ API and cloud solutions, public safety data from agencies, data security, app testing and certification, publisher interfaces, and identity management. RFI responses are due Jan. 17, 2014. This latest RFI is the 12th one issued by FirstNet during 2013. FirstNet said it received more than 300 comments from a wide range of stakeholders on these RFIs. Meanwhile, FirstNet ceased negotiations with Broadband Technology Opportunities Program (BTOP) grant recipients as of Nov. 15. However, BTOP entities with which FirstNet was negotiating could still opt to accept the spectrum-lease terms FirstNet left on the table for them in November 2013.
benton.org/node/168981 | Fierce | FirstNet
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GOVERNMENT & COMMUNICATIONS
MEDIA OUTLETS RENEW PUSH FOR ACCESS TO SECRET SPY COURT DECISIONS
[SOURCE: GigaOm, AUTHOR: Jeff John Roberts]
A group of prominent media companies, including the New York Times and Bloomberg, are fighting a decision by America’s secret spy court to exclude a media advocacy group from seeking access to the court’s rulings. In a petition, the media companies complained that the Foreign Intelligence Surveillance Court ”ignored Supreme Court precedent” by ruling that the Media Freedom and Information Access Clinic at Yale Law School had no standing to seek access to decisions that explain why the NSA can collect millions of phone and email records. The claims set out in the petition -- which was also signed by entities like Politico, the New Yorker and the Reporters’ Committee for Freedom of the Press -- appear to provide further grist to a claim by the New York Times in July that the secret FISA court ”has quietly become almost a parallel Supreme Court,” issuing its own series of rulings on important constitutional questions.
benton.org/node/168982 | GigaOm
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EDWARD SNOWDEN REVELATIONS PROMPT UN INVESTIGATION INTO SURVEILLANCE
[SOURCE: The Guardian, AUTHOR: Nick Hopkins, Matthew Taylor]
The United Nation's senior counter-terrorism official is to launch an investigation into the surveillance powers of American and British intelligence agencies following Edward Snowden's revelations that they are using secret programs to store and analyze billions of emails, phone calls and text messages. The UN special rapporteur Ben Emmerson QC said his inquiry would also seek to establish whether the British parliament had been misled about the capabilities of Britain's eavesdropping headquarters, GCHQ, and whether the current system of oversight and scrutiny was strong enough to meet United Nations standards. The inquiry will make a series of recommendations to the UN general assembly in 2014. Snowden had leaked “issues at the very apex of public interests concerns,” Emmerson said. “These questions are too important for the UN to ignore,” wrote Emmerson, who’s served as the UN’s top counterterrorism and human rights official since 2011.
UN official to investigate Snowden leaks (The Hill)
benton.org/node/168990 | Guardian, The | The Hill
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STORIES FROM ABROAD
WOMEN JOURNALISTS FACE RAMPANT WORKPLACE ABUSE, SEXUAL HARASSMENT
[SOURCE: Huffington Post, AUTHOR: Catherine Taibi]
While female journalists routinely combat dangerous situations in the field, a new study finds that they are subject to abuse and harassment in the workplace as well. The International News Safety Institute and the International Women’s Media Foundation released a report that found that just over 64 percent of female journalists around the world reported experiencing "intimidation, threats or abuse" while working. The survey was based on the testimony of 875 women from countries across the globe. More than 82 percent of the respondents were journalists and/or reporters. More than half of the abuse reported was perpetrated by either a boss, supervisor or co-worker. When asked about sexual assault, just under half (46.12 percent) of the female respondents said that they had been a victim of sexual harassment in relation to their job. 13.02 percent also reported some form of sexual violence in the office or in a work-related area.
benton.org/node/168991 | Huffington Post | NewsSafety
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DEUTSCHE TELEKOM PLANS NEW PACKAGES AFTER INTERNET CAP BLOCKED
[SOURCE: Reuters, AUTHOR: Harro ten Wolde]
Deutsche Telekom plans to repackage its Internet offering rather than appeal against an October court ruling that blocked it from capping connection speeds when customers exceed data limits on flat-rate contracts. After announcing its decision not to launch an appeal, the former German monopoly said that it will introduce new deals with flat rates or fixed data volumes. DT’s head of German operations, Niek Jan van Damme, told reporters that the company aims to be more transparent, adding: "We want to win back customer confidence we have lost." Deutsche Telekom's Van Damme declined to indicate how much customers will have to pay for the new packages, but he said that the new flat-rate packages would be more expensive than the contracts with fixed data volumes.
benton.org/node/169002 | Reuters
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LOWERING MOBILE BILLS IN THE UK
[SOURCE: Financial Times, AUTHOR: Daniel Thomas]
British telecoms groups have signed up to a government plan to cut the cost of mobile phone bills. The proposals, which have been debated with the industry over the past few weeks, are part of wider attempt by the government to tackle the cost of basic goods and services. Under plans to be announced on Dec 3, mobile groups such as EE, Three, Virgin Media and Vodafone have agreed to cap bills on a phone that has been reported lost or stolen to £50. The groups will also stop unexpected mid-contract price rises by ensuring transparency for consumers at the start of contracts. This is in line with work already under way by Ofcom, the telecoms watchdog. The government has also agreed with the industry to eliminate roaming charges by 2016. Roaming charges -- the cost of using a mobile device overseas -- are already being reduced across Europe under Brussels regulations. The final plans do not cover landline telecoms, while mobile operator O2 has not signed up to the proposals. BT, Sky and TalkTalk have joined up although they offer limited mobile services.
benton.org/node/169007 | Financial Times
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