April 2014

FCC Makes It Tough To Get JSA Waivers

In its March 31 ruling giving broadcasters two years to unwind joint sales agreements used to get around the long-standing ban against owning two stations in small and medium markets, the Federal Communications Commission said it would consider requests for waivers.

But the text of the ruling erects a high bar for broadcasters seeking such waivers. Broadcasters must show that the JSA and any "related agreements or interests" do not provide them "with the opportunity, ability and incentive to exert significant influence over the programming or operations of the brokered station," the FCC says.

The FCC says that it "will take into account the totality of the circumstances in order to assess whether strict compliance with the rule is inconsistent with the public interest." The FCC also says that it will consider waiver requests on "an expedited basis," recognizing that some requests will come in the context of larger station deals that are time sensitive.

Broadcasting Anew

[Commentary] It is always special to be in attendance at the annual National Association of Broadcasters Show, and 2014 was no exception.

What I took away from our discussion was the realization that today's media universe can no longer be viewed through myopic lenses and historic silos, and that the demarcation between over-the-air, cable, Internet and satellite broadcasting makes erstwhile legacy distinctions much harder to maintain.

Secondly, I always appreciate the chance to walk the show floor to see, firsthand, the innovative developments in broadcast technology.

Finally, the NAB provides a unique opportunity for regulators to talk to the industry professionals and operators who do not typically make it to Washington to lobby on policy issues. These real-world workers provide us with a perspective that is both realistic and refreshing, and I always learn more than I leave behind.

Google: Still no plans to bring Fiber to New York

A Google Fiber job posting in New York City has a bunch of tech news sites excited about the prospect of Google bringing its fiber Internet service to the Big Apple.

But Google says there are no such plans.

"We're entirely focused on building out our networks in Kansas City, Austin, and Provo, and on exploring the possibility of bringing Fiber to the 34 locations we announced in February," a Google spokesperson told Ars. Google recently announced that it chose nine metro areas around the country for potential Fiber deployments.

The closest ones to New York City are Raleigh-Durham in North Carolina and Atlanta, Georgia.

New York City already has fiber in the form of Verizon FiOS, and Google has focused mostly on underserved areas where municipal officials are willing to provide expedited permitting and other perks. There are still millions of Americans without broadband, so there are plenty of areas where Google Fiber is needed.

Verizon led massive astroturf campaign to end NJ broadband obligation

Verizon doesn't want to deploy high-speed wired broadband service to all New Jersey residents, despite receiving financial perks from the state for the past 20 years in exchange for building a statewide network.

To make sure it doesn't have to complete the buildout to all of New Jersey's 8.9 million residents, Verizon led an astroturf campaign that flooded the state Board of Public Utilities (BPU) with hundreds of identical e-mails purporting to support Verizon's case. One person who is listed as having written one of these e-mails said that he didn't submit anything, and if he did, "I would've slammed them."

A report in Stop the Cap found several other Verizon "supporters" who had no idea e-mails were submitted under their names. LinkedIn searches show that some of the people sending the aforementioned e-mails are Verizon employees, with titles such as "field tech" or "sourcing process leader." Three hundred twenty-seven people sent e-mails with that text in a six-day span, with 315 of them coming on March 19 and 20.

Pay TV Subscribers to Increase (Just Barely) in 2014

The rapid emergence of over-the-top (OTT) and Internet TV alternatives, as well as cloud services, has posed stiff challenges for US pay-TV service providers in recent years.

Having experienced a 0.58% decline in subscriber numbers in 2013, the pay-TV subscriber base will grow in 2014, albeit at a tepid pace, according to a new report from Strategy Analytics. Pay-TV subscriber numbers will increase 0.14% in 2014, Strategy Analytics forecasts in its “North America Digital Television Forecast: 1Q 2014.” IPTV “will be the bright spot” in the pay-TV market, with subscriptions rising 17.5% year-over-year. The growth will continue, the market research company continues, with US pay-TV’s IPTV subscriber numbers increasing at an 8.3% compound annual growth rate (CAGR) through 2019.

The two leading US IPTV providers -- AT&T and Verizon -- “are approaching the future with different strategies, but both are focused on driving advanced services and multiplay bundles with digital television and high-speed Internet at the core of their packages,” Strategy Analytics notes. Turning to cable pay-TV providers, the rollout of the Xfinity X1 platform has reversed a downtrend in Comcast’s subscriber base.

Senate power players quarrel over fate of e-filing

Millions of Americans e-filed their income taxes, but when senators submitted required reports about their campaign fundraising and expenses, most ignored computers in favor of paper.

Just 21 lawmakers voluntarily e-filed copies of their first-quarter reports to meet the filing deadline. That’s about a three-fold increase from 2011 -- although it’s far from a majority in the august body that has long cherished its old-school traditions. Neither senators nor Senate candidates are required to e-file their campaign finance reports -- unlike the thousands of political action committees, presidential candidates or their colleagues in the US House of Representatives.

Currently, senators must submit their campaign finance reports on paper to the secretary of the Senate, where they are scanned and then forwarded to the FEC. In a process that lasts weeks, the agency subsequently prints the documents and delivers them to a private contractor, which performs the data entry work necessary to make the information searchable and sortable in electronic databases. A bipartisan bill sponsored by Tester, however, would change that. The switch would save taxpayers about $500,000 a year, according to the Congressional Budget Office.

Comcast & TWC: Playing multidimensional digital chess

[Commentary] Humility is not a Washington strong suit, and so the Senate Commerce Committee questioned Comcast and Time Warner Cable, often skeptically, over the former’s proposed $45 billion acquisition of the latter.

Lawmakers want US broadband to be successful -- but not too successful. They want ever expanding networks of ever greater capability but don’t want the firms that build these expensive networks to prosper. They want lower prices for consumers but don’t like the economies of scale that can help deliver such value. Because Comcast and Time Warner Cable do not operate in the same geographic markets today, there will be no reduction in broadband provider competition.

But even that question misses the larger point, which is that this is a market where competitive products and technological innovations spring up unexpectedly, often overlap, and show no signs of stopping. Cable firms compete against satellite firms (DirectTV and Dish), telecommunications firms (Verizon FiOS and AT&T U-verse), and broadcast TV, with possible new challengers like Aereo. In broadband Internet services, the cable firms compete with the telecom, satellite, and wireless companies. For services like voice, they compete with the telecom and mobile firms, and also with applications like Skype and WhatsApp. Web content from Netflix, YouTube, Amazon, and many others, meanwhile, challenges the traditional cable TV model. Even traditional cable channels like HBO and ESPN are moving toward the Web.

We could also add the dimension of “interconnection” to the equation. Although cable gets only a tiny amount of revenue from interconnection deals, such as the recent Comcast-Netflix hook up, the DOJ and FCC are likely to scrutinize this arena.

Each of these dimensions overlaps with the others and is itself constantly shifting. The cable firms are adapting to all these changes, but no one knows what any part, or the whole, will look like just months from now. So it’s difficult to make the case that our general hands-off attitude toward regulation of the Net isn’t bearing fruit. And it’s unlikely that a merger of two entities who don’t compete will change the upward trajectory of the digital economy.

[Swanson is president of Entropy Economics]

FCC Requests Comments on Proposal to Require Multilingual EAS Alerts

[Commentary] There is one interesting and important proceeding that the Federal Communications Commission has recently resuscitated and is worthy of mention -- the proposal to mandate multilingual emergency alerts by broadcast stations -- even when the station broadcasting in a language other than English is knocked off the air by some local emergency.

The proposal would require that all primary EAS stations broadcast national alerts in both English and Spanish, and that state EAS plans should designate stations to provide emergency information in other languages where there are significant populations that have a primary language other than English or Spanish. Not only that, but English language stations in these areas are proposed to have to play a back-up role, ready to step in and provide emergency information in one of these languages should the primary station serving a particular non-English speaking population be forced off the air.

Comments on this proposal are due on April 28, and replies by May 12.

[Oxenford is partner at Wilkinson, Barker and Knauer]

Laws and Ethics Can’t Keep Pace with Technology

[Commentary] Employers can get into legal trouble if they ask interviewees about their religion, sexual preference, or political affiliation. Yet they can use social media to filter out job applicants based on their beliefs, looks, and habits.

Laws forbid lenders from discriminating on the basis of race, gender, and sexuality. Yet they can refuse to give a loan to people whose Facebook friends have bad payment histories, if their work histories on LinkedIn don’t match their bios on Facebook, or if a computer algorithm judges them to be socially undesirable. These regulatory gaps exist because laws have not kept up with advances in technology.

The gaps are getting wider as technology advances ever more rapidly. And it’s not just in employment and lending -- the same is happening in every domain that technology touches. There is a public outcry today -- as there should be -- about National Security Agency surveillance, but the breadth of that surveillance pales in comparison to the data that Google, Apple, Facebook, and legions of app developers are collecting. Our smartphones track our movements and habits. Our Web searches reveal our thoughts. With the wearable devices and medical sensors that are being connected to our smartphones, information about our physiology and health is also coming into the public domain. Where do we draw the line on what is legal -- and ethical?

[Wadhwa is a fellow at Arthur & Toni Rembe Rock Center for Corporate Governance, Stanford University]

InSecurity: Race, Surveillance and Privacy in the Digital Age

New America Foundation
Wednesday April 30, 2014
6:30 p.m. - 7:30 p.m.

Now more than ever, digital tools sit at a precarious tipping point, and many question whether they will be used to address pre-existing disparities, or further entrench them. Specifically, the Internet and new networked technologies often increase the threat of mass surveillance and digital discrimination against communities of color, migrant and low-wage workers, and low-income families, amplifying problems of criminalization, deportation, poverty and overall insecurity. Data mining, location tracking, fusion centers and the brokering of sensitive financial profiles require a race forward analysis.

Join us for a conversation that stretches from intent to impact. Using contemporary examples from across the country, we'll explore what digital rights and privacy safeguards are needed to ensure our nation's most vulnerable communities are not placed at greater risk for violations of their civil and human rights.

Featured Speakers:
Seeta Peña Gangadharan
Senior Research Fellow,
Open Technology Institute

Chris Calabrese
Legislative Counsel,
ACLU

Hamid Khan
Campaign Coordinator,
Stop LAPD Spying

Grace Sheedy
The United Food and Commercial Workers International Union (UFCW)

Moderator:
Malkia Cyril
Founder and Executive Director,
Center for Media Justice

To RSVP for the event:
http://newamerica.org/events/2014/insecurity_race_surveillance_and_privacy

For questions, contact Kirsten Holtz at New America at (202) 735-2806 or holtz@newamerica.org

If you are unable to attend in person, tune in to the live webcast of the event. No sign up is required to view streaming video.

Join the conversation online by using #mediajustice and following @OTI