December 2014

Why broadband execs are telling Washington and Wall Street different things on network neutrality

[Commentary] Broadband industry executives are telling Washington one thing about strict network neutrality while suggesting something else to Wall Street. The best explanation for the industry's seemingly divergent messages is that we're discussing two different constituencies.

Like many negotiations, much of Washington lobbying involves staking out the most aggressive position you can on an issue because you know you're leaving benefits on the table if you start out from a more moderate position. So it makes sense that the industry would seek to highlight a nightmare investment scenario in front of policymakers while telling actual investors something different. I'm not aware of any company that has expressly told the Federal Communications Commission that it would curtail its own investments; most have just spoken generally about the threat that strong net neutrality rules poses to the industry's future investment in network upgrades. But that, combined with the fact that companies must tell the truth to investors about their plans, combined with the fact that policy negotiations tend to encourage extreme rhetorical positions, suggests we can broadly believe what broadband companies are telling Wall Street about how they'd react to aggressive FCC oversight.

FCC Chairman Wheeler's Response to Rep Goodlatte Regarding Net Neutrality and Antitrust Law

On November 10, 2014, House Judiciary Committee Chairman Bob Goodlatte (R-VA) wrote to Federal Communications Commissioner Chairman Tom Wheeler to voice his opposition to the FCC issuing Open Internet rules, and insisted that the principles of network neutrality can be best achieved through the vigorous application of anititrust law. On December 9, 2014, Chairman Wheeler replied that FCC oversight is essential to protect the openness that is critical to the Internet's success, and that strong, enforceable Open Internet rules can work in tandem with antitrust law to meet net neutrality principles, protect consumers, and promote free expression.

USDA Seeks Applications for Community Connect Broadband Grants

The Department of Agriculture is soliciting applications for Fiscal Year (FY) 2015 for the Community Connect Grant Program. The program provides grants to establish broadband in rural communities where it is currently not available, and where it can have a tremendous positive impact on the quality of life for rural residents. The minimum amount of grants awarded will be $100,000; the maximum is $3,000,000. The deadline for applications to be submitted is February 17, 2015.

Kansas Corporation Commission approves Chanute public broadband

The Kansas Corporation Commission approved the city of Chanute’s (KS) request for approval to issue bonds, meaning the city is free to set up the state’s first publicly run ultra-high speed Internet service to area homes and small businesses. The speed would be as fast as the Google Fiber network being deployed in the Kansas City metropolitan area -- and 42 percent cheaper for the customers.

Gigabit or GigaWhat? There is Work to Do Regarding Ultra-Broadband Services

[Commentary] In partnership with Pivot Group, we recently published some market research that examines these issues surround consumer perception and acceptance of Gigabit services, entitled GigaWhat? US Broadband Awareness, Needs and Perceptions Study.

Close to 9 in 10 Internet subscribers (87 percent) had never heard of Gigabit Internet before being asked about it during this survey, highlighting a real education need for service providers who intend to launch Gigabit service. Over half (54 percent) of Internet users don’t know that a Gigabit is faster than a Megabit. “Service providers spend an awful lot of time and marketing spend emphasizing speed, but this research reveals consumers are confused regarding speed references and perceive that their current speed package is sufficient,” says Dave Nieuwstraten, president of Pivot Group and co-author of the study. “The introduction of Gigabit services into a given market will require significant customer education and effective marketing techniques to help achieve adoption success.”

STELAR Becomes Law

President Barack Obama has signed the Satellite Television Extension and Localism Act Reauthorization Act (STELAR), making it the official law of the land for the next five years. The act renews the satellite compulsory license, makes some retransmission regime changes, mandates a review of the Federal Communications Commission's definition of good faith bargaining, and sunsets the ban on integrated set-tops.

DISH-Netflix Integration Illustrates Growing Influence of Netflix

DISH Network is the latest, and largest to date, video service provider to integrate Netflix into their channel line-up. The DISH Netflix integration will allow DISH customers to access Netflix without switching inputs on their TV, acting as a Netflix “channel” on the Hopper platform. Netflix is successfully creating a “channel” strategy of sorts, using service providers to help maintain and even sell Netflix subscriptions.

Broadcasters try to block Aereo asset sale, $90M tax transfer

CBS, Fox, NBC and other big broadcasters are asking a judge to block any asset sale that would allow the defunct streaming TV company Aereo to reinvent itself as a cloud-DVR service.

The broadcasters believe that an asset sale could deprive them of the ability to collect copyright damages related to Aereo’s services. The issue is whether Aereo can re-emerge from bankruptcy with a new business model that is based just on its remote recording technology. Broadcasters fear that an Aereo sale could force them to start their copyright campaign anew, since a transaction borne of bankruptcy court would let a new corporate entity operate unencumbered from existing litigation.

Santa Claus and the Surveillance State

[Commentary] Elf on the Shelf is a doll that millions of parents display around their homes in December as a reminder to children to behave. The elf also, a new paper argues, promotes acceptance of a surveillance state.

The elf encourages children "to accept or even seek out external observation of their actions outside of their caregivers and familial structures." So the Elf on the Shelf is somewhere between mildly and overtly threatening on the 1984 spectrum. But the idea of non-familial surveillance in the home has been baked into the way people have celebrated Christmas for centuries. Children have long been warned that Santa Claus sees them when they're sleeping and knows when they're awake. Santa, they're told, keeps lists of citizens based on this judgment.

Senate Confirms Three for Broadcasting Board of Governors

The United States Senate unanimously confirmed Ambassador Karen Kornbluh to serve on the Broadcasting Board of Governors, which oversees all US government-supported civilian international media. The Senate also unanimously confirmed Michael Kempner and Dr. Leon Aron for membership on the bipartisan board.