December 2014

Supreme Court split on free speech protections for Facebook threats

The Supreme Court appeared split over whether or not prosecutors need to prove that someone intends to carry out a threat posted on Facebook in order to punish them. Many of the Court’s traditional conservatives seemed to oppose the idea that people should be judged on their intentions, not just their actions, as they heard a case that could have a profound impact on communications on the Internet. The Court’s more liberal judges, meanwhile, appeared supportive of narrowing the exception to the Constitution’s right to free speech. “We’ve been loath to create more exceptions to the First Amendment,” said Justice Sonia Sotomayor. The divide could foretell a tight ruling over whether or not a man should have received jail time for violent rap lyrics he posted on Facebook.

Study Uncovers In-Depth Insights Into Global Internet Users For Marketers

A new study by global management consulting company A.T. Kearney finds that while more than half of the respondents in 10 countries say they are connected to the Internet nearly every waking hour of the day, motivating online consumers to make purchases is no easy task for marketers.

The study surveyed 10,000 “connected consumers,” those connected at least once a week, but often more, including 1,000 each in the US, the UK, Germany, Japan, Brazil, Russia, China, India, South Africa and Nigeria. In the US, 51% of consumers said they are connected to the Internet either “all day long” or more than 10 times a day. That’s about right in the middle of the 10 countries in terms of Internet connectivity. No. 1 was consumers in Brazil, where 71% said they are connected either all day long or more than 10 times a day. Next was Nigeria with 66%, followed by India with 63%. At the other end of the spectrum were consumers in China and Japan with connectivity on an all-day or more-than-10-hour basis reaching 36% and 39%, respectively. The report found that while in mature countries banner ads and pop-ups often generate “rolls of the eyes” by consumers, in some of the developing countries, they continue to be an effective engagement tool.

Some conclusions of the report include:

The Debate is not a question of Digital vs. Physical
Personalization is Not a Cliche Anymore
The Role of Brands and Retailers Has Changed
Educating and Storytelling is a Must

Sen Markey Pushes Cox/Verizon For Retransmission Resolution

Sen Ed Markey (D-MA) is pushing Cox and Verizon (FiOS) to end their retransmission consent dispute following the blackout of Cox's Fox affiliate WFXT TV Boston. Sen Markey, a member of the Senate Commerce Committee, said consumers were being hurt by the absence of the station to some 400,000 households. He did not point fingers at either side but simply pressed them to get a deal done for the sake of his constituents.

FCC Urging Resolution to WFXT/FiOS Retransmission Impasse

The Federal Communications Commission is on the same page as Sen Ed Markey (D-MA) when it comes to a Washington take on the retransmission consent impasse between Verizon FiOS and Cox's WFXT Boston: Get 'er done.

Neil Grace, senior communications advisor at the FCC, was checking on whether there had been any FCC outreach to the parties, which has been the case in some other past disputes, but said in any event the FCC is continuing to monitor the situation. But he did say that "we urge the respective parties involved to do what is in the best interest of consumers and viewers, and to reach a retransmission consent agreement as quickly as possible." The situation is that WFXT has been unavailable to Verizon FiOS customers in Massachusetts and Rhode Island after the two sides could not come to a new carriage deal. Cox says Verizon won't agree to a "fair" deal, while Verizon says asking for "millions" more in retrans fees is unreasonable.

Google is starting to sign up Fiber customers in Austin

Google is getting ready to roll out its Fiber gigabit Internet service in Austin (TX) and is now asking individuals and small businesses in South and Southeast Austin to sign up. Google is offering three tiers: 1 Gbps will cost $70 a month, 1 gigabit and Google’s Fiber TV service go for $130 a month, and basic 5 Mbps internet is free for consumers who pay a $300 construction fee. That’s the same cost structure as in Kansas City, with the exception that Google is charging an additional $10 a month for the TV package, likely reflecting fees from local broadcasters. Small businesses are being charged $100 for 1 Gbps per month.

IDC: 1.3B smartphones will ship in 2014 but growth will slow

International Data Corporation’s latest forecast projects gadgets makers will ship 1.3 billion smartphones in 2014, and per usual, Android handsets will dominate, accounting for more than one billion, or 82 percent, of those phones. 1.3 billion devices would represent a 26.3 percent increase over last year’s total shipments, but IDC cautions that the smartphone’s rapid growth is starting to level out.

In 2015, IDC predicts 1.4 billion smartphones will ship in 2015, which is most definitely growth, but only represents an increase if 12.2 percent over 2014. IDC recently found a similar trend in worldwide tablet shipments except much more pronounced. IDC anticipates the smartphone’s deceleration will continue into 2018 with 1.9 billion shipments in that year. At that point, IDC expects the emerging markets will account for a good deal of growth, and prices will drop accordingly. The average smartphone selling price in 2014 is about $241 worldwide, but in emerging markets like India prices are averaging $135.

Bill Carter, Veteran New York Times TV Reporter, Taking Buyout

Bill Carter, who has covered the television industry at The New York Times for more than 25 years and remains one of the best known writers in the industry, is taking a voluntary buyout.

Carter said that leaving the paper was a "really wrenching and agonizing decision.” The Times is seeking 100 employees to take buyouts with layoffs possible if that number isn’t reached. "I went through a long process, but I couldn’t square passing up what amounts to the best kind of severance at a newspaper job," Carter said. Carter joined The Times as media reporter in 1989, after spending fourteen years as television critic for the Baltimore Sun.

TDM-to-IP Transition: Does Copper Deterioration Equal Copper Retirement?

The Federal Communications Commission is seeking input on whether it should require telecommunications service providers retiring traditional copper phone wiring to provide and monitor batteries providing backup power to customer premises equipment. Additionally the commission is considering whether a service provider that lets its copper infrastructure deteriorate should be considered to have retired that equipment. These are just a few of the ideas discussed in a notice of proposed rulemaking about the TDM-to-IP transition adopted by the FCC on November 21. As usual, the NPRM includes some requirements that the FCC indicates it anticipates imposing, while other ideas are simply put forth for discussion.

T-Mobile aims to scoop up more 700 MHz spectrum for LTE deployments

T-Mobile US has been hunting for yet more 700 MHz spectrum to augment its LTE coverage and capacity, with the carrier quietly making several deals for airwaves with small license holders.

In filings to the Federal Communications Commission, T-Mobile argues that the deals are in the public interest because they will enable the company to expand capacity and mobile broadband services. T-Mobile also argues there will be no loss of an existing service providers in any of the market areas because the entities it is buying the spectrum from are not providing service to customers. As of the end of the third quarter, T-Mobile owned or had agreements to own 700 MHz A-Block spectrum covering 176 million POPs, or around 55 percent of the US population. The spectrum covers more than 70 percent of the company's existing customer base.

The Torch is Being Passed to A New Generation of Right-Wing Media

A combination of irreverence, scoops and spite is creating something new on the right. Conservative media, never somnolent, is in a new and different boom period, led by millennial writers who are striking out against fresh targets.

Benton

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