December 2014

Chairman Wheeler's Response to Sens Klobuchar and Lee Regarding the Proposed Acquisition of Time Warner Cable

On Nov 14, Sens Amy Klobuchar (D-MN) and Mike Lee (R-UT) wrote to the Federal Communications Commission regarding the proposed merger between Comcast and Time Warner Cable, seeking an examination of the impact of the merger on independent programmers in terms of their ability to enter the market and whether a merged Comcast-Time Warner Cable entity would have the incentive and ability to withhold carriage or discriminate against independent programmers. They also asked the FCC to review whether online distribution is a viable alternative and whether Comcast-TWC would have the ability to block online video. On Dec 4, FCC Chairman Tom Wheeler responded and assured them that these issues are front and center in the FCC's proceeding, and that the FCC will continue to conduct an open and transparent process as they review the issues presented by the proposed transaction, including the concerns raised in their letter.

Chairman Wheeler's Response to Rep. Schiff Regarding the Impact of Broadcast TV Incentive Auctions on LPTV Stations

On Dec 9, Federal Communications Commission Chairman Tom Wheeler responded to a letter from Rep Adam Schiff (D-CA) concerning the impact of broadcast TV incentive auctions on LPTV stations in the representative's district.

Chairman Wheeler noted that in order to help accommodate LPTV following the Incentive Auction, the May 2014 Incentive Auction Report and Order permits these stations to remain on their existing channels during the transition period after the Incentive Auction, unless or until notified that they interfere with the primary service. He also indicated that the FCC will open a special filing window for any displaced stations to request new channels. He mentioned the FCC has initiated a proceeding to address other LPTV issues related to the Incentive Auction. This proceeding proposed various options for LPTV stations to continue serving their communities, including a possible extension of the low power digital transition deadline and channel sharing for LPTV stations. He concluded by offering his assurance that the FCC will carefully review the comments in that proceeding.

December 23, 2014 (Internet rights are civil rights)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, DECEMBER 23, 2014

Headlines is taking a break – we will return MONDAY, December 29.


EMERGENCY COMMUNICATION
   As NYC shooting unfolded, police tried to communicate about the suspect by fax
    See also: Police Seek Clues in Social Media [links to web]

INTERNET/BROADBAND
   Internet rights are civil rights - op-ed
   Senate Dems demand network neutrality protections
   Winning the network neutrality race - analysis
   The new 'Obamaphone' is broadband

OWNERSHIP
   FCC Delays Comcast-Time Warner Cable Review Again as New Documents Found
   Public Knowledge Provides Further Grounds for FCC to Block the Comcast/Time Warner Cable Merger - press release [links to web]
   Dish to FCC: Comcast Deal Would Cause Competitors ‘Irreparable Harm’ [links to web]

DIVERSITY
   A Brand New World In Which Men Ruled [links to web]

GOVERNMENT & COMMUNICATIONS
   Google Reveals Government Attempt to Scrub Alleged Prisoner Abuse
   Google has now 'forgotten' more than a quarter-million URLs
   No Limits to Freedom of the Press? - Amitai Etzioni op-ed [links to web]
   Jill Abramson on putting the public interest first - op-ed [links to web]
   Federal Agencies' Steps to Improve Mobile Access to Government Information and Services - GAO research [links to web]
   Evidence of 'stingray' phone surveillance by police mounts in Chicago [links to web]

CONTENT
   Dish Goes Toe-to-Toe Over Content - Miriam Gottfried analysis
   Web freedom groups criticize state attorney general for Goliath action [links to web]
   State attorney general calls 'time out' on Google feud [links to web]
   The fair use case to show The Interview if Sony will not [links to web]
   Misinformer Of The Year: George Will - Media Matters for America press release [links to web]

WIRELESS/SPECTRUM
   Google, Wireless Industry Not Down With Marriott's W-Fi Block Plan
   T-Mobile keeps pushing FCC to set aside more 'reserved' spectrum in 600 MHz auction [links to web]
   Broadcasters Seek New Auction Schedule [links to web]

CHILDREN AND MEDIA
   Who's covered by COPPA? FTC staff letter outlines the ABCS - FTC press release [links to web]
   An Update on LA's iPad Program [links to web]
   'CSI' creator targets children with new tablet 'gamified narrative' [links to web]

TELEVISION
   Time Warner Cable to Initiate Sports Fee in January [links to web]
   Preparing for TV's mobile-first future - op-ed [links to web]
   Dish Goes Toe-to-Toe Over Content - Miriam Gottfried analysis

ACCESSIBILITY
   FCC Seeking Nominations For The Third Annual Chairman's Awards For Advancement In Accessibility - public notice [links to web]

SECURITY/PRIVACY
   House Commerce Committee Chairman Upton Announces Hearing Series in 2015 On Growing Threats to Digital Economy and Electronic Commerce - press release [links to web]

POLICYMAKERS
   President Obama Taps Mary Minow for National Museum and Library Services Board - press release [links to web]

TRANSPORTATION
   A Test for UPS: One Day, 34 Million Packages [links to web]
   A decade from now, will our offices commute to us? [links to web]

FCC REFORM
   An Update on Process Reform Streamlining Initiatives - FCC press release

STORIES FROM ABROAD
   North Korea's Internet appears to be under mass cyber attack
   China condemns cyberattacks, but says no proof North Korea hacked Sony [links to web]
   Russia's Only Independent TV Channel Forced Into Meager Studio [links to web]
   Mexico competition watchdog signs off on AT&T's Iusacell buy [links to web]

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EMERGENCY COMMUNICATION

AS NYC SHOOTING UNFOLDED, POLICE TRIED TO COMMUNICATE ABOUT THE SUSPECT BY FAX
[SOURCE: Washington Post, AUTHOR: Nancy Scola]
As details emerge about the shocking shooting deaths of two New York City police officers in Brooklyn, there are questions about glitches in the flow of information between the police departments of two of the east coast's biggest cities more than a dozen years after the Sept. 11 terror attacks revealed fatal weaknesses in law enforcement's information-sharing capacities. When time was of the essence, the systems in place, technological and otherwise, did not move critical data where it was needed, in the formats in which it was needed, in time for it to be useful.
benton.org/headlines/nyc-shooting-unfolded-police-tried-communicate-about-suspect-fax | Washington Post
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INTERNET/BROADBAND

INTERNET RIGHTS ARE CIVIL RIGHTS
[SOURCE: MSNBC, AUTHOR: Darren Walker]
[Commentary] Imagine if Internet access to the images and information from the aftermath of the killings of Michael Brown and Eric Garner was restricted, or disparately available. Would the communities who took to the streets, channeling decades of oppression and injustice, have captured the attention of the American public? Would the protests have sparked a national conversation on systemic racism or police accountability? The Internet is now our central platform for engaging in dialogue about the most important issues facing our country. It’s where we share our views, speak out against injustice, and express our hopes for the future. But the truth is, a free and open Internet is now at risk -- endangering our rights as citizens and the freedoms that define the promise of this country. Without a renewed commitment to Internet Rights, we risk undermining the very core of our democracy, setting ourselves on a course for a modern-day news blackout. The Federal Communications Commission ought to demonstrate its commitment to the common good by restoring so-called Title II protection, reclassifying Internet Service Providers as common carriers responsible for sending and receiving information at uniform speeds. Such a move would safeguard the free exchange of information, make it harder to discriminate among ideas, and provide greater competition.
[Darren Walker is the President of the Ford Foundation]
benton.org/headlines/internet-rights-are-civil-rights | msnbc
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SENATE DEMS DEMAND NETWORK NEUTRALITY PROTECTIONS
[SOURCE: The Hill, AUTHOR: Ramsey Cox]
Senate Democrats urged Republicans to preserve network neutrality principles in the 114th Congress. “To the extent that any Communications Act reforms are considered in the next Congress, those reforms must be fully consistent with and protective of net neutrality principle,” 11 Senators wrote to the incoming Senate Majority Leader Mitch McConnell (R-KY). “A two-tiered Internet that allows Fortune 500 companies to pay for special Internet access imperils the innovation that drives the Internet economy, while leaving slow lanes for the rest of us,” the Senators wrote. “We stand ready to work with you in ensuring that any reform of our communications laws is consistent with strong net neutrality protections.” “The [Federal Communications Commission] can and should take strong action to protect consumers as soon as possible,” the letter stated. “We would forcefully oppose any reforms that would undermine the FCC’s authority to act to adopt meaningful net neutrality rules to protect consumers.”
benton.org/headlines/senate-dems-demand-network-neutrality-protections | Hill, The
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WINNING THE NETWORK NEUTRALITY RACE
[SOURCE: American Enterprise Institute, AUTHOR: Richard Bennett]
[Commentary] It now appears that the Federal Communications Commission is in a race with Congress on network neutrality policy. We already know that any attempt by the FCC to cram Internet access services into the Title II straightjacket designed for telephone service will be challenged in court. It’s also become clear that Congress is already developing a pre-emptive strike of its own to prevent the FCC from doing anything crazy with a bill making rounds that closely follows the approach dictated by President Barack Obama to the FCC by creating a new "Title X" in the Communications Act. It’s a bit alarming that Congress is forced to take hasty action to restrain a runaway regulator who is supposed to be enacting the will of Congress. There’s a very good chance that a hastily enacted bill will get something wrong, perhaps something quite major. The best way forward would be to pass a simple bill that says the FCC shall refrain from reclassifying broadband under Title II unless Congress says otherwise. It should also say that the FCC shall have the power to sanction anti-competitive acts such as blocking and capricious throttling regardless of the regulatory status of broadband and leave the fine-tuning to the new Communications Act.
benton.org/headlines/winning-network-neutrality-race | American Enterprise Institute
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THE NEW OBAMAPHONE IS BROADBAND
[SOURCE: CNNMoney, AUTHOR: David Goldman]
The Federal Communications Commission wants to expand the "Obamaphones" program to include discounted Internet service for people living below the poverty line. As you'd expect, the plan is controversial. It would likely cost more, which runs the risk of running afoul of conservatives. The program already costs more than $2 billion each year, providing more than 18 million people phone service subsidies of about $9 per month. The expansion of Lifeline wouldn't need congressional approval, since the FCC collects funds for the program through additional charges on Americans' monthly cell phone bills -- not through taxes. Still, the PR for an expanded subsidy paid by cell phone bills wouldn't exactly be a winner.
benton.org/headlines/new-obamaphone-broadband | CNNMoney | more from Benton
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OWNERSHIP

FCC DELAYS COMCAST-TIME WARNER CABLE REVIEW AGAIN AS NEW DOCUMENTS FOUND
[SOURCE: Revere Digital, AUTHOR: Amy Schatz]
Miffed Federal Communications Commission lawyers stopped the informal clock for reviewing Comcast’s $45 billion deal to acquire Time Warner Cable after lawyers belatedly turned over thousands of documents the agency had previously requested. The agency was told an additional 31,000 documents also hadn’t been turned over because of what Time Warner Cable called a “vendor error.” The missing documents are expected to be sent to the agency on December 30th. FCC lawyers complained that the newly disclosed documents will “slow down” the FCC’s review “because sections of the review that staff had thought were complete now must be reopened to take account of the additional documents that have been disclosed.” The agency stopped its informal shot clock for considering the deal on December 22, saying it will restart on January 12. Since the FCC’s 180-day clock isn’t binding -- and the agency has routinely blown through the deadline while considering other deals -- it doesn’t actually mean anything when the clock stops.
benton.org/headlines/fcc-delays-comcast-time-warner-cable-review-again-new-documents-found | Revere Digital | see FCC letter
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GOVERNMENT & COMMUNICATIONS

GOOGLE REVEALS GOVERNMENT ATTEMPT TO SCRUB ALLEGED PRISONER ABUSE
[SOURCE: National Journal, AUTHOR: Dustin Volz ]
Google released information about the government requests it receives to take down its content, revealing attempts in the US to scrub content related to alleged prisoner abuse, sex crimes with a minor, and fraudulent business dealings. Google for the first time released specific examples of takedown requests from governments around the world alongside its semiannual transparency report, providing a fuller look at how law-enforcement agencies and others attempt to police search results and YouTube videos. Google said the majority of content that government authorities ask to have removed are blog posts, but search content and YouTube videos are also common requests. Some involve defamation as well as copyright infringement.
benton.org/headlines/google-reveals-government-attempt-scrub-alleged-prisoner-abuse | National Journal
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GOOGLE HAS NOW 'FORGOTTEN' MORE THAN A QUARTER-MILLION URLS
[SOURCE: Washington Post, AUTHOR: Nancy Scola]
A European court's so-called Right to Be Forgotten ruling has resulted in the scrubbing of hundreds of thousands of Google search results, according to data released by Google as part of its regular transparency reports on government requests for information removal. Google, it turns out, has agreed to about 40 percent of the requested URL removals that it has received in the months since the European Union's Court of Justice issued its ruling that empowered citizens of the EU to have search results unlinked from their names online. The company also noted which of its products are the targets of the most content takedown requests across the board. The publishing platform Blogger, Google search tools and YouTube top the list.
benton.org/headlines/google-has-now-forgotten-more-quarter-million-urls | Washington Post
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WIRELESS/SPECTRUM

GOOGLE, WIRELESS INDUSTRY NOT DOWN WITH MARRIOTT'S WI-FI BLOCK PLAN
[SOURCE: Revere Digital, AUTHOR: Amy Schatz]
Microsoft and Google don’t agree on much, but they’ve presented a united front against the hotel industry, which is trying to convince government regulators to give hotels the option of blocking guests from using personal Wi-Fi hotspots. The tech companies recently joined the wireless industry’s lobbying group and a handful of other parties in opposing the hotel industry’s petition, which seeks the Federal Communications Commission’s permission to block personal Wi-Fi networks on their properties. Opponents of the proposal basically argued in filings that the hotel industry is just trying to keep guests and exhibitors dependent on pricy hotel wireless networks. They suggested hotels have other options for protecting Wi-Fi networks than jamming personal hotspots.
benton.org/headlines/google-wireless-industry-not-down-marriotts-w-fi-block-plan | Revere Digital
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CONTENT

DISH AND CONTENT
[SOURCE: Wall Street Journal, AUTHOR: Miriam Gottfried]
[Commentary] Television networks are trying to pass on the mounting costs of securing major sports rights and broadcasters faced with weak ad revenue are attempting to wring more high-margin retransmission fees from pay-TV companies. The resulting cost inflation trajectory for distributors like Dish looks increasingly untenable. This is particularly true in an industry where cord-cutting is slowly eating away at subscriber rolls as the options for online video expand. So far, contract disputes have all ended with a resolution. The current one may well follow suit. But it seems inevitable there will come a point at which a media company’s asking price is simply too high to merit avoiding the resulting subscriber loss. This is especially true for Dish, which lacks a broadband offering to offset video margin pressure. Despite live sports’ role in cost inflation, the networks most at risk of being seen as dispensable are those without that content. So, too, may be those that sell content to online providers like Netflix and Amazon. Unless content providers blink, such a showdown may prove the pay-TV bundle’s last stand.
benton.org/headlines/dish-goes-toe-toe-over-content | Wall Street Journal | WSJ - Charlie Ergen
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FCC REFORM

FCC REFORM
[SOURCE: Federal Communications Commission, AUTHOR: Diane Cornell]
The Federal Communications Commission has been working on streamlining its processes, focusing on new approaches to simplify how we do business, with the goal of improving the efficiency, effectiveness and transparency of the Commission’s work. Initiatives include:
a streamlined way of processing certain applications for review (AFRs) internally, which we call the “ Rocket Docket;”
Closing dormant dockets;
Consent agendas;
Using summary disposition and other methods of streamlined treatment of Commission items;
Expedited Review of Complaints;
Streamlining internal review processes within each Bureau or Office and expedite decision-making;
Expanded Online Filing;
Electronic Distribution of Licenses; and
Streamlining Federal Register Submissions.
benton.org/headlines/update-process-reform-streamlining-initiatives | Federal Communications Commission
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STORIES FROM ABROAD

NORTH KOREA'S INTERNET APPEARS TO BE UNDER MASS CYBER ATTACK
[SOURCE: Vox, AUTHOR: Max Fisher]
Internet connectivity between North Korea and the outside world, though never robust to begin with, is currently suffering one of its worst outages in recent memory, suggesting that the country may be enduring a mass cyberattack a few days after President Barack Obama warned the US would launch a "proportional response" to North Korea's hack against Sony. While it's entirely possible that this is due to run-of-the-mill maintenance or technical issues, it's hard to miss that the outage comes just days after President Obama condemned North Korea as responsible for the massive cyberattack against Sony and pledged a "proportional" US response.
benton.org/headlines/north-koreas-internet-appears-be-under-mass-cyber-attack | Vox
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The new 'Obamaphone' is broadband

The Federal Communications Commission wants to expand the "Obamaphones" program to include discounted Internet service for people living below the poverty line. As you'd expect, the plan is controversial.

It would likely cost more, which runs the risk of running afoul of conservatives. The program already costs more than $2 billion each year, providing more than 18 million people phone service subsidies of about $9 per month. The expansion of Lifeline wouldn't need congressional approval, since the FCC collects funds for the program through additional charges on Americans' monthly cell phone bills -- not through taxes. Still, the PR for an expanded subsidy paid by cell phone bills wouldn't exactly be a winner.

Dish to FCC: Comcast Deal Would Cause Competitors ‘Irreparable Harm’

Dish Network is insisting on its opposition to Comcast’s proposal to buy Time Warner Cable, telling the Federal Communications Commission the deal would cause “irreparable harm” to the entertainment industry and consumers while providing “no discernible benefits.”

“Everyone who likes to watch high-quality online video has particular reason to worry about the proposed merger,” said Jeff Blum, Dish’s SVP and deputy general counsel. “More than 54 percent of the country’s high-speed broadband connections would be controlled by the combined company, and all online video distributors would be at the mercy of Comcast-TWC.” Dish, along with consumer groups, the Writers Guild of America, Discovery Communications and Netflix are among those opposing Comcast’s deal. The latest comments came as Dish responded to arguments the FCC heard earlier from Comcast and its supporters urging the deal to be approved.

Dish Goes Toe-to-Toe Over Content

[Commentary] Television networks are trying to pass on the mounting costs of securing major sports rights and broadcasters faced with weak ad revenue are attempting to wring more high-margin retransmission fees from pay-TV companies. The resulting cost inflation trajectory for distributors like Dish looks increasingly untenable. This is particularly true in an industry where cord-cutting is slowly eating away at subscriber rolls as the options for online video expand. So far, contract disputes have all ended with a resolution.

The current one may well follow suit. But it seems inevitable there will come a point at which a media company’s asking price is simply too high to merit avoiding the resulting subscriber loss. This is especially true for Dish, which lacks a broadband offering to offset video margin pressure. Despite live sports’ role in cost inflation, the networks most at risk of being seen as dispensable are those without that content. So, too, may be those that sell content to online providers like Netflix and Amazon. Unless content providers blink, such a showdown may prove the pay-TV bundle’s last stand.

Evidence of 'stingray' phone surveillance by police mounts in Chicago

Privacy advocates working to expose cellphone surveillance by law enforcement point to a recording of a Chicago officer as the 'smoking gun' that reveals police are monitoring activists.

A Brand New World In Which Men Ruled

Instead of narrowing gender gaps, the technology industry created vast new ones for Stanford University’s pioneering class of 1994.

An Update on Process Reform Streamlining Initiatives

The Federal Communications Commission has been working on streamlining its processes, focusing on new approaches to simplify how we do business, with the goal of improving the efficiency, effectiveness and transparency of the Commission’s work.

Initiatives include:

  • a streamlined way of processing certain applications for review (AFRs) internally, which we call the “ Rocket Docket;”
  • Closing dormant dockets;
  • Consent agendas;
  • Using summary disposition and other methods of streamlined treatment of Commission items;
  • Expedited Review of Complaints;
  • Streamlining internal review processes within each Bureau or Office and expedite decision-making;
  • Expanded Online Filing;
  • Electronic Distribution of Licenses; and
  • Streamlining Federal Register Submissions.

Police Seek Clues in Social Media

Police departments have little legal recourse against people who threaten violence against their officers, but they are aggressively monitoring social media in hopes of identifying dangers and thwarting violence.

A warning from Baltimore County Police officials, who learned about an Instagram post that suggested Ismaaiyl Brinsley planned to kill police officers as revenge for the deaths of Michael Brown and Eric Garner, came too late to stop the fatal shooting of two New York Police Department officers. Still, police departments increasingly are monitoring Twitter feeds, Facebook posts, and Instagram threads to pick up and investigate threats made against their officers. Law-enforcement experts say that social media can serve as a sort of early-detection system for trouble, and help authorities get a handle on situations before they turn violent.