June 2014

Common Core Raises Questions on Future of Ed-Tech Spending

One of the major challenges ahead for educational technology companies centers around this question: Once schools buy the hardware and install the broadband, will the money districts and states are investing in educational technology to prepare for the common core simply fade away, or will it shift to new priorities?

Several market analysts, ed-tech company officials, and education leaders say they do not expect to see the money disappear, but they instead expect a shift in the use of that money that places an emphasis on the impact of different products.

Univision's World Cup Spanish commentary has surprised some Latinos

Univision has picked up millions of viewers throughout the World Cup, edging out ESPN in the ratings. But when Felix Sanchez, co-founder of the National Hispanic Foundation for the Arts, started viewing the games on Univision he was surprised at what he heard from the Spanish-speaking commenters.

“Most recently was a characterization related to an Afro-Costa Rican player describing him not by his last name but by the color of skin, calling him ‘moreno,’” said Sanchez. Sanchez noticed other charged words like "greña" being used by broadcasters. “Greña really means messy hair but some individuals think of it as referring to African American hair and also describing it as ‘nappy’ hair,” said Sanchez.

Sanchez posted his linguistic concerns on Facebook and received many, many replies from other American Latinos like himself who were offended by the language being used by sportscasters.

“When English language leaning Latinos watch Spanish language programming there’s a culture clash that occurs because the kind of social progress that we live in, in our mainstream world doesn’t always seem to be reflected in programming that is not English language programming,” said Sanchez.

June 23, 2014 (E-Rate Update)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY, JUNE 23, 2014

This week’s agenda http://benton.org/calendar/2014-06-24/


AGENDA
   FCC Announces Tentative Agenda for July Open Meeting - press release

EDUCATION
   Access to the Underserved: Keeping Up with the Times - press release
   FCC Chairman Wheeler Proposes Landmark E-Rate Modernization - press release
   Rep Walden Responds to Latest E-Rate Reform Proposal [links to web]
   FCC E-Rate Reforms Don't Rate With Education Groups

INTERNET/BROADBAND
   Metered Internet Could Work for All - op-ed
   House Republicans: FTC should take the lead on net neutrality
   Minnesota-wide broadband goal unlikely to be met by 2015

SPECTRUM/WIRELESS
   Safer Roads or Stronger Wi-Fi? [links to web]
   Sens Rubio, Booker want more airwaves for Wi-Fi [links to web]

OWNERSHIP
   It’s Official: JSA Unwinding Clock Starts

ADVERTISING/MARKETING
   Social Media Fail to Live Up to Early Marketing Hype [links to web]
   Wine Makers Fight New Website Suffixes [links to web]

LOBBYING
   Google's states of play

GOVERNMENT & COMMUNICATIONS
   House vote to limit NSA spying alters trajectory of privacy debate - editorial
   Joint Statement from the Office of the Director of National Intelligence and the Department of Justice on the Declassification of Renewal of Collection Under Section 501 of the Foreign Intelligence Surveillance Act - press release [links to web]

STORIES FROM ABROAD
   Google’s European Antitrust Woes Are Far From Over
   Regulators revolt against Telefónica and E-Plus merger

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AGENDA

FCC ANNOUNCES TENTATIVE AGENDA FOR JULY OPEN MEETING
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission Chairman Tom Wheeler announced that the following items will be on the tentative agenda for the next open meeting scheduled for July 11, 2014:
Modernizing E-Rate to Deliver Digital Learning: The Commission will consider a Report and Order to modernize the E-Rate program and expand support for Wi-Fi connectivity for schools and libraries. The R&O seeks to close the Wi-Fi gap, make E-Rate dollars go farther, and deliver faster, simpler and more efficient applications and other processes.
Connect America Fund Rural Broadband Experiments: The Commission will consider a Report and Order establishing a budget and a methodology for selecting winning applications for the Connect America rural broadband experiments adopted by the Commission in the January Tech Transitions Order.
Closed Captioning of Internet Protocol-Delivered Video Clips: The Commission will consider a Second Order on Reconsideration and a Second Further Notice of Proposed Rulemaking that revisits the Commission’s determinations regarding the captioning of video clips when delivered using Internet protocol, ensuring that individuals with hearing disabilities are able to enjoy the full benefits of broadband technology.
benton.org/node/188736 | Federal Communications Commission
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EDUCATION

ACCESS TO THE UNDERSERVED: KEEPING UP WITH THE TIMES
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeler]
As currently structured, E-Rate in past years has only been able to support Wi-Fi in 5% of schools and 1% of libraries. In 2013, no money was available for Wi-Fi. I am circulating an E-Rate Modernization Order for consideration at our July meeting that will close this Wi-Fi gap and provide more support for high-capacity wireless broadband for every school and library in America. By acting now, we can deliver digital learning benefits to 10 million students in the next funding year, compared to 4 million students under the status quo.
While we need to upgrade the connectivity of our schools and libraries, too many parts of rural America lack broadband connectivity altogether. This is in stark contrast to urban and suburban America, where many consumers have access to broadband at speeds in the hundreds of megabits per second. The simple fact of the matter is that the free market has failed to provide basic broadband connectivity to more than 15 million Americans. While we have already take steps to close the gap, there’s more work to be done. The proposed Order will fund a limited number of trials of alternative approaches to solving this problem using the Connect America Fund (CAF).
A third area where the Commission is poised to act to enhance access for the underserved is with closed captioning. Americans living with intellectual and physical disabilities stand to benefit the most from broadband-enabled technologies, but disproportionately find themselves on the wrong side of the digital divide. I have proposed to my colleagues that we require captioning for video clips that end up on the Internet. Those who hear with their eyes should not be disadvantaged in their ability to access video information on the Internet.
benton.org/node/188608 | Federal Communications Commission | The Hill
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FCC CHAIRMAN WHEELER PROPOSES LANDMARK E-RATE MODERNIZATION TO BRING HIGH-SPEED WI-FI TO EVERY STUDENT AND LIBRARY
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Chairman Tom Wheeler circulated an E-Rate Modernization proposal to his fellow Commissioners to revitalize the E-Rate program for the world of personalized learning. During the past 18 years, E-Rate has helped transform schools’ and libraries’ access to modern communications networks. But educational connectivity has changed: whereas once it was revolutionary to connect a computer lab down the hall to the Internet, harnessing the full value of digital learning today means enabling all students to go online from their desk or from any library workspace.
Modernizing E-Rate to deliver digital learning to more kids faster: Chairman Wheeler’s proposed Order is the next major step in a comprehensive modernization of E-Rate, the first such effort since the program’s creation 18 years ago. The draft Order is focused on the largest and most urgent need -- closing the Wi-Fi gap -- while ensuring E-Rate money is spent smartly and improving program administration. It is the next step in what will be an ongoing process to modernize the E-rate program.
Building on Success: Today’s proposed order would build on the top-to-bottom administrative review of E-rate that was the first stage of Chairman Wheeler’s comprehensive, step-wise approach to modernization.This administrative review is already delivering huge dividends by allocating more funds and processing E-rate applications faster.
Bringing E-Rate into the 21st Century: The E-Rate program has played a vital role in connecting US schools and libraries -- but often those connections are to a few computers along the wall rather than each student having access at his or her desk.
New digital learning technologies are opening new opportunities for students, teachers and library patrons.
But too many US schools and libraries lack the infrastructure necessary to fully utilize today’s learning technologies -- particularly when it comes to Wi-Fi in the classroom.
E-Rate rules need to be updated to close the Wi-Fi gap.
benton.org/node/188612 | Federal Communications Commission | The Hill | Revere Digital
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FCC E-RATE REFORMS DON'T RATE WITH EDUCATION GROUPS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Count the National Endowment for the Arts, the Parent-Teacher Association, the American Federation of Teachers and a whiteboard full of other education associations as very concerned about Federal Communications Commission Chairman Tom Wheeler's proposed changes to the E-rate program a subsidy for advanced communications services to schools and libraries, which they argue could be a rush to reform that jeopardizes the program. The FCC signaled a vote for the July 11 meeting on reforms to E-rate, which is part of the FCC's efforts to make wireless more of a player and migrate away from voice subsidies, which will eventually be zeroed out. Said one industry source, the education groups were looking for more money over a longer period of time than they will be getting. The source suggested it could be Chairman Wheeler's next big fight. The groups, who are beneficiaries of the E-rate program, are concerned that the FCC cannot support a five-year, $5 billion investment in Wi-Fi connections without raiding funding for ongoing broadband connectivity. They also don't like a per-pupil allocation formula for schools, a one-size-fits-all approach that they argue is grossly oversimplified.
benton.org/node/188786 | Broadcasting&Cable | EdSurge
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INTERNET/BROADBAND

METERED INTERNET
[SOURCE: Wall Street Journal, AUTHOR: Fred Butzen]
[Commentary] I agree with Holman Jenkins, Jr. that a metered Internet is a fairer way to provide service ("Federal Department of Netflix, NFLX -0.27% " Business World, June 18). Information comes in datagrams, which can be counted, just like watts of electricity or cubic feet of natural gas; and it seems only fair that a user pays for the quantity of that resource that he or she consumes. However, it's worth remembering that on any given download, a portion—in some cases, a significant portion—of the downloaded material is not material that the user requested. Everything from spyware and cookies, to advertising, hitch a ride on the user's request, and are downloaded along with the material the user wants. Users may well balk at paying to download the streaming-video commercial that's playing in the corner of the Web page, when all they want to see are the cat pictures. Yet eliminating or restricting advertising would put a huge hit on most providers' bottom lines. It may well be that arrangements like what Comcast is seeking with Netflix, clumsy as it is, may be the best way to resolve this. Small free providers will continue to benefit from being able to lard up their sites with ads, while subscription services like Netflix, will, in effect, bill their users for a carrier surcharge to cover the cost of the bandwidth they consume. And consumers will continue to enjoy what is, for most, a pretty good deal.
benton.org/node/188796 | Wall Street Journal | Jenkins commentary
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HOUSE REPUBLICANS: FTC SHOULD TAKE THE LEAD ON NET NEUTRALITY
[SOURCE: The Hill, AUTHOR: Kate Tummarello]
Republicans on a House panel want the country’s antitrust regulators, not its telecom regulators, to take the lead on net neutrality. During a hearing held by the House Judiciary Subcommittee on Antitrust Law, Republicans questioned the need for net neutrality regulation from the Federal Communications Commission (FCC). “The Internet has flourished precisely because it is a deregulated market” and should be kept open through “vigorous application of the antitrust laws,” House Judiciary Chairman Bob Goodlatte (R-VA) said. “As regulatory proceedings continue to stretch on, a question I have is whether there might be a more efficient and more effective way to safeguard against potential discriminatory behavior than federal rulemaking,” Subcommittee Chairman Spencer Bachus (R-AL) said in his opening statement. “That is where antitrust law comes in.” He also pushed for evidence that Internet providers are behaving in a way that warrants FCC intervention in the form of net neutrality rules and said the agency should conduct a cost-benefit analysis “before regulating such an important component of our national economy.”
benton.org/node/188734 | Hill, The
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MINNESOTA-WIDE BROADBAND GOAL UNLIKELY TO BE MET BY 2015
[SOURCE: St. Paul Pioneer Press, AUTHOR: Julio Ojeda-Zapata]
Though slow in coming, access to high-speed Internet around the state of Minnesota is on the rise. This includes wired access with physical connections via copper, coaxial or fiber-optic technologies, and wireless from cellular operators AT&T and Verizon. Wireless, though, usually complements and does not replace physical access for most consumers because of caps on data usage. Verizon Wireless, Minnesota's wireless-Internet leader, has blanketed most of the state with high-speed service. Rival AT&T is hot on Verizon's heels, offering rapidly expanding wireless-data service of its own. This means most outstate Minnesotans, if they have AT&T or Verizon, have Internet-access speeds that would have seemed like science fiction a decade ago -- provided they're willing to access their carrier's data plan.
benton.org/node/188784 | TwinCities.com
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OWNERSHIP

IT’S OFFICIAL: JSA UNWINDING CLOCK STARTS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Communications Commission sent out official notice that June 19 was the effective date of its new joint sales agreement (JSA) restrictions, which make some JSA's attributable as ownership interest. That means that same-market JSA's that broker more than 15% of a station's weekly ad time (which is most JSA's), and whose attribution will put an owner over the FCC's local ownership limits, will have two years from that date, or June 19, 2016, to unwind them or take other action to come into compliance with the rules.
benton.org/node/188729 | Broadcasting&Cable
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LOBBYING

GOOGLE STATES OF PLAY
[SOURCE: Politico, AUTHOR: Tony Romm]
Google is a Washington powerhouse that shapes federal law, rewards congressional allies and boasts a new 54,000-square-foot office, just down the road from the US Capitol. But the company quietly has planted its political roots in places far beyond the Beltway -- in state legislatures and city councils that have become hotbeds for tech policy fights. The company has hired an army of lobbyists from coast to coast as it seeks to protect its self-driving cars, computer-mounted glasses and other emerging technologies from new rules and restrictions, according to an analysis of state records. It’s an aggressive offensive meant to counter local regulators, who increasingly cast a skeptical eye on Silicon Valley and its ambitious visions for the future.
benton.org/node/188794 | Politico
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GOVERNMENT & COMMUNICATIONS

HOUSE NSA VOTE
[SOURCE: San Jose Mercury News, AUTHOR: Editorial staff]
[Commentary] No one has worked harder than San Jose Rep. Zoe Lofgren (D-CA) to restore Americans' right to privacy and to protect Silicon Valley companies from the excesses of the National Security Agency. Rep Lofgren was a driving force in a major victory for Fourth Amendment supporters. In a stunning, bipartisan turnabout, the House voted 293-123 to effectively block the NSA from conducting warrantless backdoor searches of Americans' communication devices. It fundamentally alters the NSA debate, which until now has been dominated by Sen. Dianne Feinstein's (D-CA) view that when it comes to national security, individual rights go out the window. The House's power play affirms the value citizens of all political beliefs place on their right to privacy.
benton.org/node/188799 | San Jose Mercury News
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STORIES FROM ABROAD

GOOGLE’S ANTITRUST WOES
[SOURCE: New York Times, AUTHOR: James Kanter]
It appears there may be no end in sight to Google’s antitrust problems in Europe even if it does finalize a tentative accord, according to a letter from Joaquín Almunia, the competition commissioner and the most powerful antitrust enforcer in the 28-country bloc. Almunia has not given up on reaching a final settlement with Google in the case, in which the American company is accused of abusing its dominance in the online search and adverting business. But the letter, made available by a person who did not want to be identified because the document had not been made public, indicates that Almunia is trying to marshal support for an unpopular provisional deal by emphasizing to critics that new investigations await Google. Almunia said that the European Commission was prepared to investigate “many allegations, the various practices that they cover, and the new types of markets that are affected.” He mentioned social networks, streaming, cellphone operating systems and mobile apps as areas that could face scrutiny.
benton.org/node/188789 | New York Times
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TELEFONICA/E-PLUS
[SOURCE: Financial Times, AUTHOR: Alex Barker, Daniel Thomas]
Europe’s biggest telecoms takeover in a decade has triggered a rare mass revolt of national competition watchdogs, who want Brussels to toughen up its conditions on Telefónica’s merger with KPN’s E-Plus. At a recent meeting to review the European Commission proposal to approve the €8.8bn tie-up in Germany, just two of 12 national authorities present voted in favour of the planned competition remedies, according to two officials involved. The deal is one of the most important tests of Brussels’ resolve in recent years, as it will clarify the antitrust constraints on an industry hungry for mergers in national markets. It came amid vocal pressure from politicians, including Chancellor Angela Merkel of Germany, to ensure competition rules do not hamper investment in infrastructure.
benton.org/node/188788 | Financial Times
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House vote to limit NSA spying alters trajectory of privacy debate

[Commentary] No one has worked harder than San Jose Rep. Zoe Lofgren (D-CA) to restore Americans' right to privacy and to protect Silicon Valley companies from the excesses of the National Security Agency. Rep Lofgren was a driving force in a major victory for Fourth Amendment supporters.

In a stunning, bipartisan turnabout, the House voted 293-123 to effectively block the NSA from conducting warrantless backdoor searches of Americans' communication devices. It fundamentally alters the NSA debate, which until now has been dominated by Sen. Dianne Feinstein's (D-CA) view that when it comes to national security, individual rights go out the window. The House's power play affirms the value citizens of all political beliefs place on their right to privacy.

Metered Internet Could Work for All

[Commentary] I agree with Holman Jenkins, Jr. that a metered Internet is a fairer way to provide service ("Federal Department of Netflix, NFLX -0.27% " Business World, June 18).

Information comes in datagrams, which can be counted, just like watts of electricity or cubic feet of natural gas; and it seems only fair that a user pays for the quantity of that resource that he or she consumes. However, it's worth remembering that on any given download, a portion—in some cases, a significant portion—of the downloaded material is not material that the user requested. Everything from spyware and cookies, to advertising, hitch a ride on the user's request, and are downloaded along with the material the user wants. Users may well balk at paying to download the streaming-video commercial that's playing in the corner of the Web page, when all they want to see are the cat pictures.

Yet eliminating or restricting advertising would put a huge hit on most providers' bottom lines. It may well be that arrangements like what Comcast is seeking with Netflix, clumsy as it is, may be the best way to resolve this. Small free providers will continue to benefit from being able to lard up their sites with ads, while subscription services like Netflix, will, in effect, bill their users for a carrier surcharge to cover the cost of the bandwidth they consume. And consumers will continue to enjoy what is, for most, a pretty good deal.

Google's states of play

Google is a Washington powerhouse that shapes federal law, rewards congressional allies and boasts a new 54,000-square-foot office, just down the road from the US Capitol. But the company quietly has planted its political roots in places far beyond the Beltway -- in state legislatures and city councils that have become hotbeds for tech policy fights.

The company has hired an army of lobbyists from coast to coast as it seeks to protect its self-driving cars, computer-mounted glasses and other emerging technologies from new rules and restrictions, according to an analysis of state records. It’s an aggressive offensive meant to counter local regulators, who increasingly cast a skeptical eye on Silicon Valley and its ambitious visions for the future.

Social Media Fail to Live Up to Early Marketing Hype

After years of chasing Facebook fans and Twitter followers, many companies now stress quality over quantity. They are tracking mentions of their brand, then using the information to help the business. "Fans and follower counts are over. Now it's about what is social doing for you and real business objectives," says Jan Rezab, chief executive of Socialbakers AS, a social-media metrics company based in Prague.

Wine Makers Fight New Website Suffixes

European wine producers, together with their Californian and Australian counterparts, are fighting a rear-guard action to prevent the introduction of Internet domain names such as .vin and .wine.

Producers of fine wines argue that making the .wine and .vin domain names available could make it easier for unscrupulous companies to pass off inferior wines as Champagne, Brunello di Montalcino or Napa Valley sparkling wine. European wine producers said they are ready to boycott the new domain names if they are issued.

Google’s European Antitrust Woes Are Far From Over

It appears there may be no end in sight to Google’s antitrust problems in Europe even if it does finalize a tentative accord, according to a letter from Joaquín Almunia, the competition commissioner and the most powerful antitrust enforcer in the 28-country bloc.

Almunia has not given up on reaching a final settlement with Google in the case, in which the American company is accused of abusing its dominance in the online search and adverting business. But the letter, made available by a person who did not want to be identified because the document had not been made public, indicates that Almunia is trying to marshal support for an unpopular provisional deal by emphasizing to critics that new investigations await Google. Almunia said that the European Commission was prepared to investigate “many allegations, the various practices that they cover, and the new types of markets that are affected.” He mentioned social networks, streaming, cellphone operating systems and mobile apps as areas that could face scrutiny.