December 2014

NAB to Court: FCC Decision On Contracts Is Unsustainable

The National Association of Broadcasters has told the US Court of Appeals for the District of Columbia that its retransmission consent deals with pay TV are among their "most closely guarded secrets" that should not be shared with third parties. The comments come in support of a challenge by CBS and other programmers to the Federal Communications Commission’s decision in the Comcast/Time Warner Cable and AT&T/DirecTV merger reviews to make contracts and work product from retrans and other programming deals available to hundreds of third parties.

FCC Plans Massive Fine of Sprint for Bogus Charges

The Federal Communications Commission is preparing to fine Sprint $105 million for overcharging its customers. According to the enforcement action, which hasn't been finalized, Sprint billed customers for third-party services it knew they hadn't asked for and didn't want. All five FCC commissioners are reviewing the proposed fine, but they haven't voted to take action yet.

Google and Verizon sign patent deal and call for action on patent trolls

Verizon and Google announced a global patent cross-licensing agreement that will cover a broad range of technologies.

The companies say it will lower the risk of frivolous patent litigation in the future. “[T]he Johnny-come-lately owner of a single patent can threaten an entire innovative ecosystem,” Verizon wrote. The company also stated that the arrangement will reduce the number of potential patents available to so-called patent trolls. The deal mirrors three earlier ones that Google signed with Cisco, Samsung and LG earlier in 2014. For Google, the goal of such deals is to show that cross-licensing is a better model than “patent privateering,” in which companies farm out patents to shell companies that then threaten to sue a broad range of targets.

The spectrum auctions: Mobile investment in a vice

[Commentary] Several factors could make the next spectrum incentive auction much less productive for the US Treasury and for the broadcasters who currently own the licenses that the auction is supposed to reassign in 2016.

These factors include:

  • The AWS-3 auction has become much more costly to mobile carriers than anyone predicted. Will carriers be willing to pony up more billions in just two years?
  • Carriers are engaged in an increasingly intense price war now that all of them can offer the same group of smartphones.
  • Mobile carrier share prices are falling.
  • The Federal Communications Commission's threats to impose Title II regulations on mobile broadband and refusal to allow mergers among national carriers.
  • The splitting up of territories among smaller carriers could create a digital divide scenario where rural users pay much more than urban ones for mobile services.
  • The FCC remains focused on wired broadband for high-speed rural networking.

E-Book Legal Restrictions Are Screwing Over Blind People

[Commentary] For the nearly 8 million people in the US with some degree of vision impairment, the advent of e-books and e-readers has been both a blessing and a burden.

A blessing, because a digital library -- everything from academic textbooks, to venerated classics, to romance novels -- is never further away than your fingertips. A burden, because the explosion of e-books has served as a reminder of how inaccessible technology really can be. For more than a decade, the visually-impaired have been locked in an excruciatingly slow and circuitous battle against US copyright laws. And it’s left the visually-impaired with few options but to hack their way around digital barriers -- just for the simple pleasure of reading a book. Text-to-Speech (TTS) is an incredible tool for making the collective digital library more accessible, but publishers argued that TTS would negatively impact the audiobook market, and that a computer reading an e-book aloud constituted a violation of copyright. Reading is a basic human right, and no one -- not the Library of Congress and not corporate copyright lobbyists -- should have the power to take that away.

Hollywood Scrambled: How Real Headlines Are Being Ripped From TV Storylines

[Commentary] In the ongoing battle to woo viewers, TV shows are no longer just ripping stories from the headlines, they’re outpacing them. Perhaps part of the reason TV shows are able to hit the mark, sometimes months in advance, is because networks are spending big bucks on media consulting firms and hiring actual news anchors and producers. It’s all an effort to satisfy audiences’ ever-growing thirst for accuracy while staying true to their primary mission: attracting and entertaining viewers.

Wiley Rein Names Senior Advisor Scott Weaver to Co-Lead Public Policy Practice

Wiley Rein LLP announced that senior public policy advisor Scott Weaver has been named co-chair -- and will lead the day-to-day operations -- of the firm’s Public Policy Practice.

The Practice, which represents a wide range of clients before the Administration, Congress, and various regulatory bodies, has served for decades as an industry-leading advocate with an established record of success. Weaver serves as co-chair of the Group along with Jim Slattery, the former six-term Democratic congressman who joined the firm in 2009.

Ofcom report identifies emerging 'generation gap' in young people's TV viewing

Younger people are switching off TV and radio in their droves in favor of online pursuits such as Facebook, leading to a growing “generation gap” in TV and radio.

A report by UK media regulator Ofcom said 16- to 24-year-olds spent an average of 148 minutes a day watching TV in 2013, down from 169 minutes in 2010 and compared to an average of 232 minutes for all viewers. Ofcom said it was traditional for younger people to consumer less TV and radio, but warned that the latest changes may be part of a structural shift, driven by the digital era, in which TV and radio -- in their traditional sense, at least -- go permanently out of fashion.

Ofcom Board appoints Sharon White as Chief Executive

The Ofcom Board announced the appointment of Sharon White as Chief Executive.

White will join Ofcom in late March 2015 from HM Treasury, where she is Second Permanent Secretary. In this role White has been the lead official responsible for managing the UK's public finances, a position she has held since November 2013. Before that she served as Director General, Public Spending at HM Treasury.

Europe’s Internet Use Surges

The number of Europeans who regularly use the Internet has doubled, to 65 percent of the 28-nation bloc's 500 million people, since 2006.

The size of the European market, whose consumers now rival Americans in their online habits when buying goods through the likes of Amazon and posting messages on the likes Facebook, shows why many American tech giants now view the European Union as one of their largest opportunities. Internet usage in Europe remains significantly higher compared with other regions, particularly many emerging markets that are only now investing in broadband and high-speed mobile networks.