September 2014

NETWORK NEUTRALITY

WHERE ARE WE IN THE NET NEUTRALITY DEBATE?
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
[Commentary] Easily, network neutrality won the week in telecommunications wonkland. September 15 was the latest deadline for public comment at the Federal Communications Commission as it tries again to recraft what it calls Open Internet rules which, in the simplest terms, means treating all Internet traffic equally. The Senate Judiciary Committee held a hearing called Why Net Neutrality Matters: Protecting Consumers and Competition Through Meaningful Open Internet Rules, and the FCC held four forums on the topic. With so much activity, it is wise to take a breath and figure out where we are.
http://benton.org/blog/where-are-we-net-neutrality-debate
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STILL A LOT TO DO
[SOURCE: Benton Foundation, AUTHOR: Michael Copps]
[Commentary] While I celebrate the great grassroots movement that the Open Internet cause has fired up, I know we still have a long way to go before we can declare victory. The big Internet Service Providers (Comcast, Verizon, and AT&T), their business partners, and their armada of hired lobbyists are working even harder now because they are beginning to realize that this might not be the slam-dunk they hoped for as recently as a couple of months ago. They know the power of the money they wield—but I think it is beginning to dawn on them that a true grassroots firestorm just might be able to trump their almighty dollar.
http://benton.org/blog/still-lot-do
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BERNERS-LEE SLAMS INTERNET FAST LANES
[SOURCE: Washington Post, AUTHOR: Brian Fung]
A quarter-century ago, Timothy Berners-Lee designed the world's first Web browser and server, kicking off a thing that people started calling the World Wide Web. Now he says that system is in danger from Internet service providers (ISPs) who stand to amass too much power over what was intentionally built as a decentralized network -- one where no single actor could dictate outcomes to everyone else. Berners-Lee pushed back against opponents of net neutrality regulation who argue that applying new rules on ISPs is tantamount to regulating the Internet. But there's a difference between regulating providers of broadband and the services that run on top of it, said Berners-Lee. Strong net neutrality rules would help preserve that line dividing the two and limit the incentive of ISPs to meddle in the market for services.
benton.org/headlines/timothy-berners-lee-slams-internet-fast-lanes-its-bribery | Washington Post
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TITLE II ON THE TABLE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commission Chairman Tom Wheeler that he is seeking dialog and thoughtful exchanges "so that we can search for the equities in [network neutrality]." He said the challenge in coming up with new Open Internet rules is to discover solutions that represent the multiplicity of interests and "legitimate positions" surrounding network neutrality. FCC Enforcement Bureau Chief Travis LeBlanc said in no uncertain terms that Title II reclassification of Internet access service and applying new network neutrality rules are still definitely potential outcomes of any new Open Internet order and folks pondering rule enforcement scenarios need to figure them into the equation. Although he reminded the audience that the session was on enforcement issues, not the underlying policy, he still said he wanted to remind the panelists and "and those who are listening near and far" about what he called two central issues before the FCC in the Open Internet rulemaking. "The first of those is whether to reclassify broadband Internet access services as telecommunications services under Title II of the Communications Act, or whether to rely on other sources of legal authority, such as Sec. 706 of the Communications Act." Net neutrality stakeholders did not appear to be drawing new territorial boundaries around their positions on new open internet. Those boiled down to: Title II is a must vs. Title II is a bust.
benton.org/headlines/fcc-enforcement-bureau-title-ii-wireless-net-regulations-definitely-table | Broadcasting&Cable | Multichannel News | Multichannel News - more on the event
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PROTECTING WHAT’S BEST ABOUT THE INTERNET
[SOURCE: New America Foundation, AUTHOR: Danielle Kehl]
[Commentary] The New America Foundation is part of a broad coalition of public interest groups, tech companies, and consumer advocates that have called for the Federal Communications Commission to implement strong network neutrality protections grounded in the soundest possible legal framework -- which we believe means reclassifying broadband under Title II of the 1996 Telecommunications Act and applying fundamental common carriage principles to Internet access. We have consistently argued in favor of this approach in our filings to the FCC, including in reply comments submitted Sept 15. As we explain in our latest comments, relying on Title II as the legal foundation for net neutrality rules is neither radical nor heavy-handed. It is actually a narrowly-tailored approach grounded in sound legal principles and historic precedence.
[Kehl is a policy analyst in the Open Technology Institute at New America where she works on technology policy.]
benton.org/headlines/protecting-whats-best-about-internet | New America Foundation
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OPEN INTERNET AND EVERYONE ONLINE
[SOURCE: Minority Media and Telecommunications Council, AUTHOR: Maria Lesinski]
In response to the Federal Communications Commission’s ongoing solicitation for feedback on how to preserve an open Internet, 45 leading civil rights organizations came together to file Reply Comments in the Open Internet proceeding. In the debate over how the FCC should regulate the Internet, the organizations respond that open Internet rules, crafted under the Commission’s Section 706 authority in combination with a consumer-focused enforcement scheme modeled after Title VII of the 1964 Civil Rights Act, is the best way to protect an open Internet while advancing necessary initiatives to close the digital divide.
benton.org/headlines/national-minority-organizations-want-open-internet-everyone-online | Minority Media and Telecommunications Council
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MORE ON INTERNET/BROADBAND

SUPPORT FOR MUNICIPAL BROADBAND
[SOURCE: The Hill, AUTHOR: Julian Hattem]
The Internet Association is urging the Federal Communications Commission to consider blocking state laws that ban cities from building out their own Internet networks. The FCC “should use the full weight of its authority to prevent any private or public entity from inhibiting the deployment of broadband networks or standing in the way of increased competition in providing those services,” wrote the group, which includes Google, Yahoo, Netflix and other industry titans. “The commission is right to carefully examine state laws adopted to prevent a local government from creating a high speed broadband service, especially in municipalities that are underserved,” it added. “[I]n conducting its assessment, the commission should carefully examine not only whether these state laws are standing in the way of deployment of broadband into new areas, but whether they are impeding the deployment of truly advanced services.”
benton.org/headlines/web-companies-give-support-government-run-internet | Hill, The
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EDUCATION

STATE SCHOOL CONNECTIVITY PROFILES
[SOURCE: Federal Communications Commission, AUTHOR: Jon Wilkins]
Outreach to state and school district staff and library leaders has been a critical element of the E-rate modernization process. Federal Communications Commission staff has been in frequent contact with staff from school districts, state agencies, libraries, and research and education networks (RENs) from across the country. These outreach efforts provide important insights on the varying approaches that states are taking to the challenge of delivering high-speed broadband to all schools and libraries. Much of the knowledge gained from our outreach is compiled in the State Connectivity Profiles. These profiles provide a thorough summary of connectivity data, purchasing strategies, and broadband deployment policies from a geographically diverse sample of states with differing populations and approaches to delivering high-speed broadband to all schools and libraries. All connectivity data and narrative descriptions in the State Connectivity Profiles are drawn from conversations with school district, state agency, or REN staff and have been reviewed and verified by the appropriate staff in each state.
benton.org/headlines/connecting-all-schools-and-libraries-learning-state-strategies-and-data | Federal Communications Commission | FCC – see the profiles
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OWNERSHIP

COMCAST MAKES CASE
[SOURCE: Capital New York, AUTHOR: Alex Weprin]
Comcast filed with the Federal Communications Commission a detailed response to questions asked by the FCC. Comcast's filing is redacted, with many answers about its business removed for competitive reasons. Many questions are also left unanswered, with Comcast promising to respond to them at a later time. Nonetheless, the answers paint a picture of the competitive cable universe that Comcast argues bolsters its case for merging with Time Warner Cable. Comcast details various potential competitors to its video service, noting the launch of Google Fiber and the enormous success of Netflix. Then there are consumer device companies, like Sony, Microsoft and Apple. The company also cites the rise in the number of cable channels, as well as online channels, as a source of competition to its core service.
benton.org/headlines/comcast-makes-its-case-fcc-listing-its-disruptors | Capital New York
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TELEVISION

LATINO INCLUSION
[SOURCE: National Latino Media Council, AUTHOR: Press release]
The National Latino Media Council released the 2014 NLMC Television Network Diversity Report. The report rates Latino inclusion and diversity performance of ABC, CBS, FOX, and NBC in the 2013-2014 television season, based on the employment of Latino actors, writers, producers, directors, and entertainment executives; program development; procurement; and commitment to diversity and transparency. For the 2013-2014 television season, NLMC assigned “Good,” “Mediocre” and “Bad” ratings for each of the above eight categories for Latino inclusion, which provided the basis for overall scores for each network:
ABC: Mediocre. ABC had the most Latino scripted actors, and it also led the pack in terms of Latino writers and producers. However, the network underwhelmed with regard to Latino directors and unscripted talent. ABC is to be commended for its excellent quantity of initiatives to infuse more people of color into its ranks.
CBS: Mediocre. CBS’ performance is lagging in nearly every category, including Latino on-screen talent in scripted and unscripted roles. The network shows promise with regard to Latino writers, producers, and directors, but progress remains slow. However, CBS stands out with a Latina entertainment executive, entertainment chairman Nina Tassler, at the helm.
FOX: Mediocre. FOX has made great strides in augmenting the amount of Latino actors, as well as improving portrayals. Behind the camera, the network shows little improvement in hiring Latino writers, producers and directors. After two years of refusing to supply its diversity data to the coalition, Fox’s commitment to diversity had been in question — but the network is once again cooperating and showing a commitment to inclusion.
NBC: Mediocre/Good. NBC showed great improvement with Latino actors in scripted roles and cast members in unscripted roles. The number of Latino writers and producers has increased slightly, but the network had fewer Latino directors. NBC’s commitment to diversity shows in the programs it continues to support to help prepare diverse talent to work in the industry.
benton.org/headlines/abc-cbs-fox-nbcs-latino-inclusion-mixed-bag | National Latino Media Council
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TV DIVERSITY
[SOURCE: San Jose Mercury News, AUTHOR: Chuck Barney]
Prime time television is undergoing a big, multicultural change. When the fall season starts in earnest, it will deliver the most racially diverse lineup in recent history, with at least eight new shows prominently featuring nonwhite performers. It's a groundbreaking development that has those who have long lobbied for more diversity in television expressing both relief and surprise. Leading the charge is ABC, with several new series populated by black, Asian and Latino characters. Paul Lee, ABC's entertainment chief, told reporters that diversity has become nothing less than a "mission statement" for his network.
benton.org/headlines/fall-tv-2014-diversity-all-rage-finally | San Jose Mercury News
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TELEVISION FEES
[SOURCE: Wall Street Journal, AUTHOR: Miriam Gottfried]
Broadcast television have been relying for some time on fees they charge cable and satellite operators for the right to carry their signals. Known as retransmission fees, these have high margins and have been an important source of profit growth. But amid continuing weakness in advertising, the networks have been increasingly turning to a different party with their hands out: owners of local broadcast stations. As the networks see it, the broadcasters, which also receive retransmission fees from pay-TV providers, are reaping the benefit of their content, especially for sports programming like the National Football League. Local stations produce their own newscasts, but most contribute little else in the way of programming. Meanwhile, some station owners enjoy operating margins of as much as 40% versus about 25% for CBS, a gap that likely rankles networks.
benton.org/headlines/network-fees-create-drama-broadcasters | Wall Street Journal
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PRIVACY/SECURITY

APPLE, GOOGLE AND BIG DATA
[SOURCE: GigaOm, AUTHOR: Derrick Harris]
[Commentary] Apple CEO Tim Cook’s privacy manifesto might have succeeded in placating consumers wary after the recent celebrity iCloud-hacking scandal, but it was less successful as a swipe (and a not-too-subtle one at that) at the company’s fiercest rival, Google. Apple might want to paint Google as the poster boy for big data and ad-supported services, but that doesn’t make Google’s strategy any worse or mean that Apple isn’t picking and choosing when to follow the same strategy itself. Missing amid all the talk about the types of data Apple doesn’t collect or analyze is any reference to the benefits that derive from a company’s practice of analyzing user data. As the demands on our time and attention continue to increase -- and we start strapping computers to our bodies as well as carrying them in our pockets and messenger bags, and placing them on our desk -- we might come to appreciate Google’s approach to automation and personalization more than we ever thought we could.
benton.org/headlines/so-apple-doesnt-collect-much-data-google-maybe-it-should | GigaOm
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EMERGENCY COMMUNICATIONS

FIRSTNET RFI
[SOURCE: Government Technology, AUTHOR: ]
The First Responder Network Authority (FirstNet), an independent authority within the National Telecommunications and Information Administration that's responsible for deploying the nation’s first unified communications network for first responders, took three steps forward on Sept. 17. The FirstNet board released a public notice, a request for information (RFI), and a budget for fiscal 2015. The released public notice and RFI are both intended to enrich the development of the nationwide network and ensure FirstNet’s objectives are in line with the legal requirements and technical capabilities of the telecommunications industry. The 15-page RFP seeks answers from industry on FirstNet’s intended processes. One question in the document asks, “Should FirstNet seek proposals for a comprehensive, nationwide solution, [or] act as integrator and seek proposals for equipment and services to custom assemble a nationwide network, or something there-between?” The document sheds light on FirstNet’s stance as the organization prepares to release a draft RFP by March 2015.
benton.org/headlines/firstnet-releases-rfi-budget | Government Technology
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GOVERNMENT AND COMMUNICATIONS

HOW ADMINISTRATION BLOCKS INFO
[SOURCE: Associated Press, AUTHOR: Erin Madigan White]
Associated Press’ list of eight ways the Obama administration is making it hard for journalists to find information and cover the news:
As the United States ramps up its fight against Islamic militants, the public can’t see any of it.
The White House once fought to get cameramen, photographers and reporters into meetings the President had with foreign leaders overseas. That access has become much rarer.
Guantanamo: The big important 9/11 trial is finally coming up. But we aren’t allowed to see most court filings in real time -- even of nonclassified material.
Information about Guantanamo that was routinely released under President George W. Bush is now kept secret.
Day-to-day intimidation of sources is chilling. Government press officials say their orders are to squelch anything controversial or that makes the administration look bad.
One of the media -- and public’s -- most important legal tools, the Freedom of Information Act, is under siege. Requests for information under FOIA have become slow and expensive. Many federal agencies simply don’t respond at all in a timely manner, forcing news organizations to sue each time to force action.
The Administration uses FOIAs as a tip service to uncover what news organizations are pursuing. Requests are now routinely forwarded to political appointees.
The Administration is trying to control the information that state and local officials can give out. The FBI has directed local police not to disclose details about surveillance technology the police departments use to sweep up cellphone data. In some cases, federal officials have formally intervened in state open records cases, arguing for secrecy.
benton.org/headlines/8-ways-obama-administration-blocking-information | Associated Press
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STORIES FROM ABROAD

CHINA PINCHING COMPANIES LIKE GOOGLE
[SOURCE: New York Times, AUTHOR: Keith Bradsher, Paul Mozur]
Even as Google and other big technology companies have lobbied heavily for an easing of the restrictions, Beijing’s broader scrutiny of multinationals has intensified. The increasingly pervasive blocking of the web, together with other problems like severe air pollution in China’s urban centers, has led some businesses to transfer employees to regional hubs with more open and speedier Internets, like Singapore. And more companies are considering similar moves.
benton.org/headlines/china-clamps-down-web-pinching-companies-google | New York Times
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US INTERNET FIRMS SHUT OUT IN CHINA
[SOURCE: San Jose Mercury News, AUTHOR: Michelle Quinn]
[Commentary] Overlooked amid the excitement over Alibaba's blockbuster IPO on the New York Stock Exchange was one of the reasons for the company's smashing debut: The Chinese market it dominates is all but blocked for Silicon Valley rivals like Google, Facebook and Twitter. That's no small thing now, and it will be an increasingly important issue in the future. US Internet companies want to expand in China, but they haven't had much success. Some tech firms, most notably Google, have tussled with the government over censorship. Others have run into antitrust issues or suffered from the weak intellectual property laws in China. All these problems for US companies have allowed firms like Alibaba, as well as Baidu, the Google of China, and Tencent, the social networking firm that owns the popular WeChat messaging service, to establish positions in China as market leaders.
benton.org/headlines/alibaba-celebrates-its-ipo-us-internet-firms-suffer-being-shut-out-china | San Jose Mercury News
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September 2014

All-digital TV: An excuse to soak cable customers with a new fee?

Cable Keeps Eye Fixed On ‘Carrier-Grade’ Wi-Fi

Intelligence Community ‘All In’ on New Technology Plan

Apple Sells More Than 10 Million New iPhones on First Weekend

Sen Rand Paul opens Bay Area office to reach Silicon Valley

DOJ, FTC OK With Sinclair Purchase of WTSG

Schooling the Supreme Court on Rap Music

Shadows creep across face of European newspapers

September 22, 2014 (Update on the #NetNeutrality Debate)

China Clamps Down on Web, Pinching Companies Like Google