January 2014

A Broadcaster’s Guide to Washington Issues

Here's a quick briefing on the legal and regulatory proceedings affecting broadcasters. The topics: Aereo...CALM Act...Class A TV...Closed Captioning...EEO Rules...Emergency Information...FCC Commissioners...Filing Freeze...Foreign Investment in Broadcasting...Incentive Auction...Indecency...License Renewals...LPTV Stations...Online Public Inspection Files...Ownership Limits...Ownership Reporting...Political Broadcasting...Public Interest Programming Disclosure...Retransmission Consent/Must Carry...Sponsorship ID...Sports Blackout Rules...Tower and Antenna Issues...Video Descriptions...White Spaces.

FCC’s Semiannual Regulatory Agenda

Twice a year, in spring and fall, the Federal Communications Commission publishes in the Federal Register a list in the Unified Agenda of those major items and other significant proceedings under development or review that pertain to the Regulatory Flexibility Act.

Studios win again in fight over user content: “safe harbors” not so safe, websites find

The long-running court battles between content owners and websites like YouTube often resembles the trench warfare of World War I: two sides engage in years of fighting at incalculable cost, and barely gain any ground. In recent months, however, one side -- the movie and music studios -- appears to have moved forward a few inches thanks to courts’ newfound willingness to invoke a “red flag” rule that makes websites accountable for copyright infringement committed by their users.

The rule, known as “red flag knowledge” is helping studios chip away at a so-called safe harbor law that is intended to prevent copyright law from squelching emerging technology. The result has been a spate of court victories for copyright holders, one that could even tilt the current balance of power between websites and content owners. Here’s a look at the recent developments and how they could make an interminable legal war even longer.

Gartner: Ultramobile Devices are Fastest Growing Wireless Category

Shipments of PCs, tablets, mobile phones and ultra-mobile devices will rise 7.6% this year, reaching 2.5 billion units, according to a Gartner market research report released January 7. Google Android device users will surpass 1 billion, with users in emerging markets accounting for three-quarters of the total, according to Gartner’s “Forecast: PCs, Ultramobiles, and Mobile Phones, Worldwide, 2010-2017, 4Q Update.” At an expected 1.9 billion, shipments of mobile phones will dominate all categories of mobile device shipments, up 5% from 2013, Gartner predicts. Lumped together in the ultra-mobile category, tablets, hybrids and clamshells will surpass mobile phone shipments from 2014 onwards, growing at a 54% rate.

How Netflix Reverse Engineered Hollywood

If you use Netflix, you've probably wondered about the specific genres that it suggests to you. Some of them just seem so specific that it's absurd. If Netflix can show such tiny slices of cinema to any given user, and they have 40 million users, how vast did their set of "personalized genres" need to be to describe the entire Hollywood universe?

This idle wonder turned to rabid fascination when I realized that I could capture each and every microgenre that Netflix's algorithm has ever created. Through a combination of elbow grease and spam-level repetition, we discovered that Netflix possesses not several hundred genres, or even several thousand, but 76,897 unique ways to describe types of movies. Netflix has meticulously analyzed and tagged every movie and TV show imaginable. They possess a stockpile of data about Hollywood entertainment that is absolutely unprecedented. Netflix deconstructed Hollywood. They paid people to watch films and tag them with all kinds of metadata. This process is so sophisticated and precise that taggers receive a 36-page training document that teaches them how to rate movies on their sexually suggestive content, goriness, romance levels, and even narrative elements like plot conclusiveness.

Netflix: The Red Menace

[Commentary] To hear Hollywood types rave about Netflix these days, you'd half expect to hear that the new phrase is "It's not TV. It's Netflix." Everything that makes Netflix's programming distinctive -- surrendering control to creators, releasing all episodes of a season at once, keeping its viewership data private rather than participate in the ratings game -- is a modern twist on the original, universally admired HBO game plan. Netflix even has more US subscribers than HBO, surpassing the venerable network last fall when it reached 31 million, versus HBO's 29 million. But Netflix is doing more than threatening HBO -- what really has Hollywood worried is that the company seems in a hurry to redefine the very rules of the entertainment industry. Its willingness to sign up shows for entire seasons without first ordering a pilot (the one-shot episodes that TV honchos have for decades demanded before backing a show) has forced network executives to rethink a system that has defined television since its inception.

Apple, Amazon downgraded 'on moral and ethical grounds'

One analyst blacklisted several companies, citing a reason not often (or possibly ever) heard on Wall Street -- moral and ethical grounds.

In the report, Ronnie Moas, Standpoint Research's founder and director of research, downgraded Apple stock from a "hold" to a "sell," reiterated a "sell" recommendation for Amazon.com shares and initiated Philip Morris stock with a "sell" rating. "For Apple Computers to pay their workers $2 an hour while they have $150 billion in the bank is nothing short of obscene. I heard all of the arguments in their defense and they make no sense to me," wrote Moas.

How the NSA Almost Killed the Internet

Google, Facebook, Microsoft, and the other tech titans have had to fight for their lives against their own government. An exclusive look inside their year from hell -- and why the Internet will never be the same.

Wolfram Wants to Connect the Internet of Things

If all our gadgets and gizmos are going to be connected to the Internet, and in turn one another, they’ll need to speak the same language.

Wolfram, a software company that runs the computational search engine Wolfram Alpha, is making a move to help write that language. The company’s founder announced that it was working with Intel to bring the Wolfram Language, a programming language that can help process and analyze data, to Intel Edison, a new SD-card-size computer from Intel. The Edison, which will be available this summer, is meant to be used with Internet-connected wearable and other small devices. Wolfram Alpha said the move was part of “Wolfram’s long-term plan to inject sophisticated computation and knowledge into everything, opening up new possibilities for embedded computation and providing a complete language for the Internet of Things.”

Former Los Angeles mayor to advise Spanish-language broadcaster Estrella TV

Former Los Angeles Mayor Antonio Villaraigosa has joined Spanish-language broadcaster Estrella TV as a senior advisor to help the 4-year-old television network gain traction.

The network, based in Burbank, is banking on Villaraigosa to give it greater visibility and pull in additional advertising dollars to better compete with established giants, including Univision Communications and NBCUniversal's Telemundo. Estrella TV becomes the latest employer of Villaraigosa since he departed City Hall last summer. He also was named a senior advisor for Herbalife, Banc of California and the large public relations firm Edelman. He accepted a position as a Harvard University visiting fellow and, in Los Angeles, he signed on as a part-time professor at the USC Price School of Public Policy and head of a new think thank called the USC Villaraigosa Initiative for Restoring the California Dream.