September 29, 2014 (FCC Agenda)
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BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY, SEPTEMBER 29, 2014
A look at the week ahead http://benton.org/calendar/2014-09-28--P1W/
FCC AGENDA
FCC Announces Tentative Agenda For October 2014 Open Meeting
Also see:Meeting the Mobile Moment - FCC Chairman Wheeler press release [links to web]
Is the FCC Dragging Its Feet on Network Neutrality?
FCC Seeks Comment on Healthcare Connect Fund Annual Reports - public notice [links to web]
With Perspective From Both Sides of His Desk, FCC Chairman Ponders Network Neutrality
OWNERSHIP
Comcast Answers Critics - analysis
Growling by Comcast May Bring Tighter Leash - analysis
See also: Comcast seeks to fix awful customer service, admits “it may take a few years” [links to web]
Netflix, Charter Said to Get US Demand in Comcast Probe
Comcast: Our Netflix competitor is too unpopular to survive on its own
AT&T’s bid to buy DirecTV draws muted criticism
SoftBank Is in Talks With DreamWorks Animation
Networks, Affiliates, NFL and the Ownership cap - editorial
INTERNET/BROADBAND
With Perspective From Both Sides of His Desk, FCC Chairman Ponders Network Neutrality
Don’t suffer with slow Internet, rural Maine - editorial [links to web]
PRIVACY/SECURITY
Privacy is tech’s latest marketing strategy
The toughest case: What if Osama bin Laden had an iPhone?
How Facebook and Google are taking over your online identity - analysis
Tech responds to growing calls for Internet anonymity [links to web]
GOVERNMENT & COMMUNICATIONS
Spy Agencies Urge Caution on Phone Deal
Facebook and tech industry can appeal “bulk search warrant” ruling in key test of online privacy rights
Digital War Takes Shape on Websites Over ISIS [links to web]
TV/RADIO
Wilkinsburg (PA) ceremony to commemorate world's first wireless broadcast [links to web]
Netflix Takes Big Chunk of Viewing but May Not Hurt Ad-Supported TV [links to web]
CONTENT
Here, Again, Is Why Apple Bought Beats Music [links to web]
LABOR
Literary Lions Unite in Protest Over Amazon’s E-Book Tactics [links to web]
Gov. McCrory (R-NC): We need fewer lawyers, fewer journalists and more truck drivers [links to web]
GOVERNMENT PERFORMANCE
GAO Report on Data Center Consolidation - research [links to web]
ELECTIONS AND MEDIA
The battle for digital supremacy [links to web]
Netflix founder and CEO Reed Hastings expanding political muscle [links to web]
ADVERTISING
With New Ad Platform, Facebook Opens Gates to Its Vault of User Data
POLICYMAKERS
After 100 Years, Looking Ahead To Our Next Century - FTC press release [links to web]
STORIES FROM ABROAD
EU privacy watchdogs give Google guidelines to change privacy practices
Can ordinary people get fired up over Internet governance? Web We Want festival says yes [links to web]
Tim Berners-Lee calls for Internet bill of rights to ensure greater privacy [links to web]
Advocates for News Media to Meet Turkish Officials [links to web]
BT testing 800Mbps broadband over fiber to the curb, copper to the home [links to web]
FCC AGENDA
FCC ANNOUNCES TENTATIVE AGENDA FOR OCTOBER OPEN MEETING
[SOURCE: Federal Communications Commission, AUTHOR: ]
Federal Communications Commission Chairman Tom Wheeler announced that the following items will tentatively be on the agenda for the next open meeting scheduled for Friday, October 17, 2014:
Spectrum Frontiers NOI: The FCC will consider a Notice of Inquiry to explore innovative developments in the use of spectrum above 24 GHz for mobile wireless services, and how the FCC can facilitate the development and deployment of those technologies.
Wireless Infrastructure Report and Order: The FCC will consider a Report and Order that takes critical steps to promote the deployment of wireless infrastructure necessary to provide the public with ubiquitous, advanced wireless broadband services.
Aggregate Interference and Inter-Service Interference Second Report and Order and Further Notice of Proposed Rulemaking: The FCC will consider a proceeding to address aggregate broadcaster-to-broadcaster interference and the methodology for predicting interference between broadcast and wireless operations in the same or adjacent channels in nearby markets during and following the Incentive Auction.
Digital Low Power Television Third NPRM and Suspension Public Notice: The FCC will consider a Notice of Proposed Rulemaking regarding measures to facilitate the final conversion of low power TV and TV translator stations to digital service, and mitigating the potential impact of the incentive auction and the repacking process. The Commission will also consider a concurrent Public Notice suspending expiration dates and construction deadlines for all outstanding unexpired construction permits for new digital low power television and TV translator stations.
911 Outage Presentation: The FCC will hear a presentation regarding an inquiry into a major 911service outage that affected seven states in April 2014. The presentation will include findings from a report on the causes and effects of the outage as well as recommendations on actions the industry, the Commission and state governments can take to strengthen the reliability and resiliency of 911 services as the nation transitions to Next Generation 911.
benton.org/headlines/fcc-announces-tentative-agenda-october-2014-open-meeting | Federal Communications Commission
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NET NEUTRALITY TIMING
[SOURCE: Government Technology, AUTHOR: Brian Heaton]
The Federal Communications Commission doesn't appear to be any closer to making a decision on network neutrality. The FCC will likely wait to make a final ruling until after its last Open Internet Roundtable on Oct. 7, which will focus on theories of legal authority and basis for creating Open Internet rules. Sarah Morris, senior policy council for New America's Open Technology Institute, explained that from what she has observed, the FCC is moving “full speed ahead,” noting that the FCC has millions of submissions to sift through. “I don't think the FCC is stalling -- this is just the largest docket in the history of the commission, and it will take some time to get all the pieces right in a final Order,” Morris said. Not everyone feels the sheer number of comments filed on net neutrality is what has the FCC taking its time, however. Michael Botein, professor of law for New York Law School, pointed out that only a small fraction of the commentary sent to the commission was on point. “Since only 1 percent of the FCC comments actually addressed the neutrality issue -- versus other issues from porn to rates -- how concerned, really, are people with the principle of promoting content through preventing or limiting bidding?” Botein questioned.
benton.org/headlines/fcc-dragging-its-feet-network-neutrality | Government Technology
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OWNERSHIP
COMCAST ANSWERS CRITICS
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
[Commentary] On September 23 Comcast and Time Warner Cable submitted to the Federal Communications Commission what’s called “Applicants’ Opposition to Petitions to Deny and Respond to Comments” -- basically, the companies’ answers to filings arguing against Comcast’s acquisition of Time Warner Cable. Back in April, we looked at the companies’ claims that the deal is in the public interest and, more recently, we published a series on what public interest advocates, competitors, and politicians are saying about the transaction. Today we look at how Comcast and Time Warner Cable replied to opposition – focusing just on how they argue the deal could impact broadband services in the US.
http://benton.org/blog/comcast-answers-critics
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COMCAST GROWLING
[SOURCE: New York Times, AUTHOR: David Carr]
[Commentary] In a filing submitted to the Federal Communications Commission in defense of its proposed merger with Time Warner Cable, Comcast lashed out uncharacteristically at its critics. And David Cohen, Comcast’s chief lobbyist, continued the salvo in comments to reporters and in his written remarks. In baring its teeth, Comcast sought to show that the companies now opposing the deal were using public interest arguments to advance private business agendas. It said these companies had privately sought $5 billion in concessions from Comcast before going public with their opposition. “The significance of this extortion lies in not just the sheer audacity of some of the demands, but also the fact that each of the entities making the ‘ask’ has all but conceded that if its individual business interests are met, then it has no concern whatsoever about the state of the industry, supposed market power going forward, or harm to consumers, competitors, or new entrants.” Gee, Comcast, don’t sugarcoat it. Say what you really mean. The word extortion is usually applied to guys with names like Nicky who wear bad suits and crack their knuckles a lot. If this is how the company acts in the wooing stage, imagine how charming it will be once it actually gets what it wants.
benton.org/headlines/growling-comcast-may-bring-tighter-leash | New York Times
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COMCAST PROBE
[SOURCE: Bloomberg, AUTHOR: David McLaughlin, Todd Shields, Alex Sherman]
Netflix and Time Warner are among at least four companies to receive demands for information from the Justice Department in its review of Comcast’s bid for Time Warner Cable, people familiar with the matter said. The requests advance the government’s review to a new stage and will provide information to the department’s antitrust division about whether the $45.2 billion acquisition is anticompetitive. A civil investigative demand -- similar to a subpoena -- also was received by cable company Charter Communications Inc., one person said. Cogent Communications Holdings, a business Internet provider, said it received one, too. Discovery Communications Inc. was asked informally for information, another person said.
benton.org/headlines/netflix-charter-said-get-us-demand-comcast-probe | Bloomberg
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COMCAST’S STREAMPIX
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
Remember Comcast's Streampix service? Launched in February 2012, it was created to help Comcast compete against streaming video services such as Netflix. But it never caught on -- and thus regulators examining the Comcast/Time Warner Cable merger should reject claims that Comcast has an incentive to discriminate against online video distributors [OVDs] like Netflix, Comcast told the Federal Communications Commission. The tidbit was buried in Comcast's 324-page filing with the FCC. Comcast still offers Streampix as a $5-per-month add-on to its Xfinity TV service but has given up on making it a standalone offering. The Streampix mobile app is still available on Apple and Android devices but will eventually be "decommissioned."
benton.org/headlines/comcast-our-netflix-competitor-too-unpopular-survive-its-own | Ars Technica
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AT&T-DIRECTV
[SOURCE: Politico, AUTHOR: Brooks Boliek]
AT&T is not used to flying under the radar, but that is exactly what is happening in Washington with the company’s $48.5 billion bid to buy DirecTV. A deal that would combine the nation’s biggest telephone company and the nation’s biggest satellite TV provider seems like it would generate a lot of noise from public interest groups because it eliminates a major player in the pay-TV marketplace. But instead, critics of industry consolidation are focusing on Comcast’s $45 billion play for Time Warner Cable. While both mega-deals come with nearly the same price tag, there is a perception that Comcast’s purchase has larger implications -- particularly for Internet service, a key offering as more people gravitate to online content and streaming video. If AT&T’s bid for DirecTV wins regulatory approval, it would immediately turn the telecom giant into a major player in the television business.
benton.org/headlines/atts-bid-buy-directv-draws-muted-criticism | Politico
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SOFTBANK-DREAMWORKS
[SOURCE: Wall Street Journal, AUTHOR: Eric Pfanner, Erich Schwartzel, Ryan Knutson]
SoftBank is in talks to buy or otherwise link up with DreamWorks Animation SKG, a deal that could help the Japanese company and the Hollywood studio as they seek new ways to compete with rivals world-wide. Coming nearly two months after SoftBank dropped a possible bid for T-Mobile US, a DreamWorks Animation deal could give the conglomerate's Sprint unit another way to try to challenge top US mobile carriers AT&T and Verizon Communications. Rather than directly expand his telecommunications network, SoftBank Chief Executive Masayoshi Son now appears to be focusing more on acquiring content creators, mostly videogame studios so far, whose products can be used to woo potential mobile subscribers.
benton.org/headlines/softbank-talks-dreamworks-animation | Wall Street Journal | Bloomberg
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TELEVISION OWNERSHIP CAP
[SOURCE: TVNewsCheck, AUTHOR: Harry Jessell]
[Commentary] The Federal Communications Commission’s 39% cap on television station ownership may be all that is preventing Fox and CBS from acquiring more affiliates in cities where they broadcast local football games and converting them to owned and operated stations. Fortunately for network-wary affiliates, the current majority at the FCC is not inclined to loosen the cap and it is under little pressure to do so. This is one of those instances where owners and managers of network affiliates who normally decry regulation with gusto are happy for the protection of the federal government.
benton.org/headlines/networks-affiliates-nfl-and-ownership-cap | TVNewsCheck
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INTERNET/BROADBAND
WHEELER AND NET NEUTRALITY
[SOURCE: New York Times, AUTHOR: Edward Wyatt]
Almost a year into the job, Federal Communications Commission Chairman Tom Wheeler has established a record as a formidable opponent to the industries he used to represent. He was handed the issue of network neutrality two months into his tenure, when a federal appeals court threw out FCC rules enacted in 2010 that forbade broadband providers from blocking or discriminating against any legal content. The court said the FCC was treating broadband companies too much like regulated utilities. Those invalidated rules also discouraged content providers from paying for priority access through a broadband company’s pipes. But when Chairman Wheeler released a new set of rules, that provision was missing, leading many critics to say that the new regime violated net neutrality by allowing for paid prioritization -- so-called fast lanes through a broadband company’s systems. New rules are expected to be adopted by the end of the year. Chairman Wheeler has said several times that he does not believe fast lanes are consistent with an open Internet. Many consumer organizations say Chairman Wheeler could have taken a stronger stand against cable groups. “So far, the discussion has not been as productive as we would have liked,” said Matt Wood, policy director at Free Press. “The rhetoric has been good, but the reality of the proposal hasn’t matched that.”
benton.org/headlines/perspective-both-sides-his-desk-fcc-chairman-ponders-network-neutrality | New York Times | Associated Press
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PRIVACY/SECURITY
PRIVACY IS TECH’S LATEST MARKETING STRATEGY
[SOURCE: Washington Post, AUTHOR: Andrea Peterson]
The proliferation services and devices offering more secure methods of communication suggest there is a very real market for individuals who want to keep their private communications, well, private. With their recent changes -- along with less visible technical upgrades over the past year -- major tech companies like Apple and Google appear to be banking on average consumers taking the security into account when making purchasing decisions. But not everyone is happy about this shift. FBI Director James Comey had harsh words for the companies: "What concerns me about this is companies marketing something expressly to allow people to place themselves above the law." Many cybersecurity professionals say "backdoor" access or lawful intercept technology introduces insecurity into the larger ecosystem -- arguing that if there is a secret entrance for law enforcement, cybercriminals are likely to discover and exploit it as well.
benton.org/headlines/privacy-techs-latest-marketing-strategy | Washington Post
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WHAT IF BIN LADEN HAD AN IPHONE
[SOURCE: Washington Post, AUTHOR: Craig Timberg]
In rebuking Apple and Google for their new smartphone encryption polices, FBI Director James Comey became the latest law enforcement official to evoke worst-case scenario arguments: What of the child predator, the murderer, the terrorist? Wouldn’t you want police to be able to get into their phones? This type of argument can be brought into even sharper relief by posing the hardest imaginable case: What if the FBI got its hands on Osama bin Laden’s iPhone? This example illuminates the complicated new legal and technical terrain created by Apple’s decision to release a mobile operating system that is so thoroughly encrypted that the company cannot unlock its devices for police, even if they have a search warrant.
benton.org/headlines/toughest-case-what-if-osama-bin-laden-had-iphone | Washington Post
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ONLINE IDENTITY
[SOURCE: Quartz, AUTHOR: Leo Mirani]
In the early 1990s, people travelled around the web at will, only having to show their ID when accessing something important and personal, such an email accounts or while shopping, much as you would at the post office or in a shop. But soon the fetish for ID grew. By the late 2000s, somebody was asking for your ID every block of the internet you travelled, every street you crossed, every building you entered. Worse, each one of them issued their own credentials. People eventually got sick of carrying a headful of IDs (usernames and passwords) around every time they want for a little stroll online; so in 2008 Facebook and Google said to the others, “Look, let us be your gatekeepers. We can check people’s credentials and let them in for you.” Your Facebook or Google accounts suddenly became passports, giving access to all territories. In return for their service, these identity providers note the details of your comings and goings. It’s like if your government monitored where your passport was and sent you restaurant recommendations. (That day will probably come.) Or, to mix metaphors entirely, Facebook and Google exert suzerainty over the smaller websites that use their service.
benton.org/headlines/how-facebook-and-google-are-taking-over-your-online-identity | Quartz
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GOVERNMENT & COMMUNICATIONS
CAUTION OVER PHONE DEAL
[SOURCE: New York Times, AUTHOR: Eric Lichtblau]
An obscure federal contract for a company charged with routing millions of phone calls and text messages in the United States has prompted an unusual lobbying battle in which intelligence officials are arguing that the nation’s surveillance secrets could be at risk. The contractor that wins the bid would essentially act as the air traffic controller for the nation’s phone system, which is run by private companies but is essentially overseen by the government. And with a European-based company now favored for the job, some current and former intelligence officials -- who normally stay out of the business of awarding federal contracts -- say they are concerned that the government’s ability to trace reams of phone data used in terrorism and law enforcement investigations could be hindered. A small Virginia company, Neustar, has held the job since the late 1990s, but a private phone-industry panel has recommended to the Federal Communications Commission that an American division of Ericsson, the Swedish-based technology company, get the work instead. No final decision has been made.
benton.org/headlines/spy-agencies-urge-caution-phone-deal | New York Times | Wall Street Journal
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BULK SEARCH WARRANTS AND ONLINE PRIVACY
[SOURCE: GigaOm, AUTHOR: Jeff John Roberts]
Five judges of the New York State Supreme Court agreed to hear an appeal of a sweeping order from July that forced Facebook to turn over information about 381 accounts at once in a controversial “bulk warrant” process. And significantly, the judges also gave permission to a group of outside companies and organizations -- ranging from Google to Kickstarter to the ACLU -- to participate in the proceedings. The case itself is about a fraud scandal in which hundreds of New York public employees, including firefighters and police officers, claimed disability payments, even as Facebook photos allegedly showed them engaging in activities like deep-sea diving and teaching karate lessons. But on a legal level, the case turns on what the government must do to obtain such information from Facebook. While New York prosecutors say they need to get the information in a way that prevents defendants from deleting it, Facebook has argued that the sweeping request amounts to a general search warrant of a kind that is forbidden by the US Constitution.
benton.org/headlines/facebook-and-tech-industry-can-appeal-bulk-search-warrant-ruling-key-test-online-privacy | GigaOm
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ADVERTISING
ATLAS
[SOURCE: New York Times, AUTHOR: Vindu Goel]
Facebook built itself into the No. 2 digital advertising platform in the world by analyzing the vast amount of data it had on each of its 1.3 billion users to sell individually targeted ads on its social network. Now it is going to take those targeted ads to the rest of the Internet, mounting its most direct challenge yet to Google, the leader in digital advertising with nearly one-third of the global market. Facebook will roll out a rebuilt ad platform, called Atlas, that will allow marketers to tap its detailed knowledge of its users to direct ads to those people on thousands of other websites and mobile apps.
benton.org/headlines/new-ad-platform-facebook-opens-gates-its-vault-user-data | New York Times
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STORIES FROM ABROAD
EU PRIVACY AND GOOGLE
[SOURCE: Reuters, AUTHOR: Julia Fioretti]
European data privacy regulators handed Google a package of guidelines to help it bring the way it collects and stores user data in line with European Union law after six regulators opened investigations into the internet giant. The group of European data protection authorities, known as the Article 29 Working Party, sent Google a list of measures it could implement, such as spelling out clearly for what purposes it collects user data and what third party entities would also be able to collect people's information. Regulators in six European countries, Italy, France, Spain, Germany, Britain and the Netherlands, have opened investigations into Google after it consolidated its 60 privacy policies into one and started combining data collected on individual users across its services, including YouTube, Gmail and Google Maps.
benton.org/headlines/eu-privacy-watchdogs-give-google-guidelines-change-privacy-practices | Reuters
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