BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDY, JANUARY 22, 2015
Today: MMTC’s Broadband and Social Justice Summit … and … Federalism, Preemption and Municipal Broadband http://benton.org/calendar/2015-01-22
NETWORK NEUTRALITY
Protecting the Internet and Consumers Through Congressional Action -- the House Version
Protecting the Internet and Consumers Through Congressional Action – The Senate Version
Poll: Voters support broad concept of net neutrality
2015 offers a network neutrality solution - ITIF op-ed
Is net neutrality the real issue?
Here's how the new Republican Congress plans to undercut net neutrality - analysis
The Trouble with the Fake Net Neutrality Bills - Free Press press release
Proposed net neutrality bill is a 'solution in search of a problem' - op-ed
Why the FCC Needs Congress - Scott Cleland op-ed
INTERNET/BROADBAND
FCC Commissioner Michael O'Rielly at The American Enterprise Institute - speech
Sen Cory Booker’s introducing a bill to help cities build their own, public Internet services
Obama’s Community-Broadband Plan: 4 Ways to Understand His State of the Union Pitch - analysis
Benton Supports President Obama's Call for More Internet Options for Consumers - press release
Anti-Muni Network Groups Respond to Obama’s Advocacy
Netflix CEO: 25 Mbps Should Be New ‘Baseline’ [links to web]
Google Says Drones, Balloons Could Use New Spectrum for Internet Access [links to web]
Google Hopes to Take the Web Directly to Billions Lacking Access [links to web]
WIRELESS/SPECTRUM
Google allegedly close to launching its own wireless service using Sprint and T-Mobile
PRIVACY
Google, Viacom win dismissal of children's web privacy lawsuit [links to web]
SECURITY
CIOs Eye Obama Cybersecurity Push with ‘High Level of Interest’ [links to web]
Cisco CEO: Hacking attacks about to get a lot worse [links to web]
CONTENT
From Checking the Weather to Streaming Content, Media Habits Vary by Local Markets - research [links to web]
TELECOM
The Dish Network case: The latest fed-state call for Do Not Call compliance - FTC press release [links to web]
TELEVISION
California Judge Reaffirms Viewers’ Rights to Record TV and Play It Back However They Like [links to web]
ELECTIONS AND MEDIA
5 Years After Citizens United, Newspapers Fail To Cover Its Impact On Judicial Elections [links to web]
Statement by President Obama on the Five Year Anniversary of Citizens United - press release [links to web]
How Citizens United is — and isn’t — to blame for the dark money President Obama hates so much - analysis [links to web]
GOVERNMENT & COMMUNICATIONS
US Seeking a Stronger World Media Voice (new leadership at BBG) [links to web]
OPEN GOVERNMENT
Survey: Governments' Pledge to be 'Open by Default' Still Mostly a Talking Point [links to web]
LOBBYING
Google Spends Record $16.83 Million On 2014 Lobbying, Topping 15 Tech And Communications Companies - research [links to web]
Apple Steps Up Lobbying in Washington to Counter Government Scrutiny [links to web]
COMPANY NEWS
Google Hopes to Take the Web Directly to Billions Lacking Access [links to web]
Overstock Plans Streaming-Video Service [links to web]
T-Mobile's Legere blasts idea that carrier's approach isn't financially sustainable [links to web]
FreedomPop launches unlimited Wi-Fi hotspot access for $5 monthly [links to web]
STORIES FROM ABROAD
President Obama as Cuba's Internet provider - editorial
Telecoms operators welcome European proposals on net neutrality
A Spy in the Machine [links to web]
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NETWORK NEUTRALITY
HOUSE NET NEUTRALITY HEARING
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
The House Commerce Committee’s Communications and Technology Subcommittee held a hearing on Protecting the Internet and Consumers Through Congressional Action. A fun time was had by all. On January 16, 2015, the chairmen of both the House and Senate Commerce Committees released a discussion draft of legislation that would restore, expand, and bolster the Federal Communications Commission’s 2010 network neutrality rules in statute. The hearing was, in essence a three hour debate on the draft legislation. [more at the URL below]
benton.org/headlines/protecting-internet-and-consumers-through-congressional-action-house-version | Multichannel News | LATimes | ars technica | Vox | Reuters | Washington Post
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SENATE NET NEUTRALITY HEARING
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
On January 21, 2015, the Senate Commerce Committee held a hearing, Protecting the Internet and Consumers Through Congressional Action, featuring non-government witnesses testifying about current authorities of the Federal Communications Commission and Congress’ options to update the nation’s communications laws for the Internet Age. The Senate hearing followed just after a House hearing on the same subject of network neutrality earlier in the day. If there was anything all could agree upon after the long day of hearings, it is that Republican Members of Congress cannot count on Democratic support for draft legislation – at least not as written. [more at the URL below]
benton.org/headlines/protecting-internet-and-consumers-through-congressional-action-senate-version | Broadcasting and Cable | Reuters | The Wrap | Recode | Vox | Washington Post
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POLL: VOTERS SUPPORT BROAD CONCEPT OF NET NEUTRALITY
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
More than eight in 10 people agree with the broad concept of network neutrality, according to an automated poll. The poll conducted by Vox Populi Polling found that 56 percent of people strongly agree that "it is critical" to prevent Internet service providers from "blocking, discriminating against, slowing down, or charging" for Internet traffic to certain websites. Another 26 percent of people somewhat agree. Another 65 percent of voters agree that large Internet service providers -- like Comcast, Verizon, AT&T and Time Warner Cable -- need oversight to "ensure that they deliver the Internet fairly." In November 2014, President Barack Obama called on the Federal Communication Commission to use the strongest authority possible to enforce the rules. Republicans came out quickly against President Obama's recommendations, with Sen Ted Cruz (R-TX) calling the framework "Obamacare for the Internet." The poll found 39 percent of people said they were less likely to support President Obama's recommendation after Sen Cruz's statement -- including 49 percent of Republicans. Another 28 percent said they were more likely, while 33 percent said Sen Cruz's words had no impact.
benton.org/headlines/poll-voters-support-broad-concept-net-neutrality | Hill, The
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2015 OFFERS A NET NEUTRALITY SOLUTION
[SOURCE: The Hill, AUTHOR: Robert Atkinson]
[Commentary] Network neutrality is quickly nearing a crescendo and is now a congressional issue. There is both good and bad to Congress getting in the game. First, the bad: rules around network management should be grounded in the realities of engineering, and network management practices quickly get quite complex. Because some techniques can be abused, even unwittingly, rules of the road and ongoing oversight is absolutely appropriate. At the same time, many network management techniques, including forms of traffic differentiation, are necessary, unobjectionable and unequivocally good for consumers. The good: With news that Republicans are working to craft an alternative to the Title II morass that President Obama would be willing to sign, supporters of even stringent Internet regulations should see a way out of this mess. The reaction of the Internet populists over the next several weeks to legislative proposals will once and for all answer the $64,000 question: Is their end-game really an open Internet? If so, they would fail Washington Politics 101 to not jump at this once-in-a-decade chance to lock in stringent rules that would survive a switch in Federal Communications Commission control. Or has net neutrality always been a populist stalking horse for complete reversal of policy -- policy which, by the way, has seen the Internet flourish through the prior five FCC chairmen -- opting instead for the imposition of a government-controlled Internet to liberate the "captive audience" of Internet users from the controlling hand of "big broadband." My bet, alas, is on the latter and that they cast their lot with Title II. By all means, then, take that risky swing for the Title II fences. Then we can keep debating net neutrality for another five years.
[Atkinson is president of the Information Technology and Innovation Foundation]
benton.org/headlines/2015-offers-network-neutrality-solution | Hill, The
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IS NET NEUTRALITY THE REAL ISSUE?
[SOURCE: American Public Media, AUTHOR: Dan Bobkoff]
It used to be, way back when -- say, two years ago -- that when you clicked on a Netflix video, it would take a winding journey from a server in one location, through wires owned by any number of companies, until finally it hit your Internet service provider. These days, that journey is a whole lot shorter. More often than not, Netflix just connects a wire from its server to boxes owned by ISPs like Comcast, Verizon or Time Warner. They’re generally in the same building. This is called interconnection, and it’s how most of our internet traffic gets to us now. It’s more reliable and efficient. Think: less buffering. And, increasingly, content companies like Apple, Google, and, of course, Netflix are paying fees for this service. This is where things get controversial. The Federal Communications Commission is getting more complaints about these deals. And, now, it has to decide what -- if anything -- to do about them. It’s not sure whether interconnection should be part of network neutrality regulations expected Feb 2015, tackled separately later on, or left alone completely. “Comcast could say, well, you’re using a third of our traffic, and we could say, well, we’re providing a third of the value your subscribers are getting, so you should pay us instead,” says Ken Florance, Netflix’s Vice President of Content Delivery. What Netflix really wants is to pay nothing. It will be up to the FCC or Congress to decide whether they have a role in these disputes.
benton.org/headlines/net-neutrality-real-issue | American Public Media
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HERE'S HOW THE NEW REPUBLICAN CONGRESS PLANS TO UNDERCUT NET NEUTRALITY
[SOURCE: The Verge, AUTHOR: Hamza Shaban]
Even as the Republican draft bill appears to enforce fundamental tenets of network neutrality, it explicitly undermines the legal authority of the Federal Communications Commission. And advocates say that if passed, the bill could create new obstacles to an open internet. A skeptical interpreter reads the proposal and sees the handwriting of telecommunications industry lobbyists: it may not be drafted by the colossal Internet companies it’s meant to regulate, but all the power squeezed from regulatory ambiguities is channeled in their direction. Matt Wood of Free Press said, "In addition to listing out the things that are prohibited, it says the FCC has no rule-making authority; it has no ability to expand these obligations," he said. "It’s basically trying to say: ‘Here are some protections, FCC, but you are now handcuffed and unable to adapt or adjust to the facts or circumstances of future practices.’" Even if the bill represents an earnest compromise, it still doesn't come close to what Internet activists and Democrats are asking for. By avoiding a reclassification of broadband and working to render the FCC impotent, the new Republican Congress suggests it doesn’t really want net neutrality. It just wants to look like it does.
benton.org/headlines/heres-how-new-republican-congress-plans-undercut-net-neutrality | Verge, The
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THE TROUBLE WITH THE FAKE NET NEUTRALITY BILLS
[SOURCE: Free Press, AUTHOR: Press Release]
Regarding the companion network neutrality bills drafted by Sen Commerce Committee Chairman John Thune (R-SD) and House Commerce Committee Chairman Fred Upton (R-MI), Free Press Action Fund Policy Director Matt Wood said, "If you want a few unregulated monopolies and duopolies to stifle competition and control the future of communications, these are the bills for you. But if you think that essential communications networks deserve basic protections, then these bills are a wreck. The legislation fails at the very thing it claims to accomplish. It prohibits a few open Internet violations but opens the door to new industry abuses. It claims to give the Federal Communication Commission limited adjudication powers but removes the agency's ability to adopt and adapt rules to fit the changing landscape for high-speed Internet access. The solution is simple: The FCC should return to Title II, the applicable law that a bipartisan Congress wrote for all telecom networks, including broadband Internet access. The FCC can adopt rules under Title II and forbear from those that aren’t needed to protect the public interest. Title II with forbearance will protect Net Neutrality while preserving the agency's flexibility to respond to the ever shifting cat-and-mouse games ISPs play to favor their own content."
[more at the URL below]
benton.org/headlines/trouble-fake-net-neutrality-bills | Free Press
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PROPOSED NET NEUTRALITY BILL IS A 'SOLUTION IN SEARCH OF A PROBLEM'
[SOURCE: The Hill, AUTHOR: Sarah Morris, Josh Stager]
[Commentary] The network neutrality legislative proposal put forth by Senate Commerce Committee Chairman John Thune (R-SD) and House Commerce Committee Chairman Fred Upton (R-MI) is, to quote Chairman Upton, a solution in search of a problem. Making matters worse, the legislation would leave the Federal Communications Commission powerless to protect consumers from other broadband harms not specified in the bill text, such as those that are already occurring in the interconnection context. The bill would also eliminate the FCC's ability to help cities build broadband. Lastly, the legislation is vulnerable to litigation, contrary to what some of the bill's proponents have suggested. As currently drafted, the bill does more harm than good. Congress would better serve consumers and small businesses by allowing the FCC to move forward with light-touch net neutrality protections instructed by the robust regulatory record before it. Millions of Americans have asked for these rules, and the FCC is poised to adopt them on Feb 26. Congress should let the FCC do its job.
[Morris is Senior Policy Counsel for the Open Technology Institute at the New America Foundation; Stager is Policy Counsel for the Open Technology Institute]
benton.org/headlines/proposed-net-neutrality-bill-solution-search-problem | Hill, The
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WHY THE FCC NEEDS CONGRESS
[SOURCE: Daily Caller, AUTHOR: Scott Cleland]
[Commentary] The Federal Communications Commission imagines it doesn't need Congress, but it does. The FCC’s current message is obvious -- it does not want Congress’ help, because the FCC wants to conjure up its own legal authority. The FCC is 0-2 in self-asserting the Internet regulatory authority it wants. How can the FCC imagine it will fare better with a Title II utility regulation of the Internet proposal that involves more legal overreach, more harm to reliance interests and a wholesale repudiation of over a decade of FCC legal precedents and findings of fact? If the FCC politically rejects Congress’ help, it alone will politically own any problems, unintended consequences, or public backlash resulting from an abrupt unilateral FCC reversal of the bipartisan policies that enabled the Internet we know today. The FCC will own the negative commercial and financial consequences of a unilateral decision to take control of the Internet via utility regulation. It will own any unintended tax or fee increases on consumers, any decline in broadband investment, deployment, jobs, growth and any legal uncertainty. Wake up FCC. You need Congress.
[Scott Cleland is the Chairman of NetCompetition]
benton.org/headlines/why-fcc-needs-congress | Daily Caller
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INTERNET/BROADBAND
FCC COMMISSIONER MICHAEL O'RIELLY AT AEI
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael O'Rielly]
My goal is to discuss four discrete matters facing the Federal Communications Commission. These items are rather disparate, but given their timeliness, I hope you will forgive me. To the best of my ability, I plan to cover certain aspects of:
(1) Municipal Broadband: The FCC lacks authority to lift state-imposed bans and restrictions. There is a long track record of projects overpromising and underperforming, leaving taxpayers holding the bag I am concerned about the community-wide impact of overbuilding existing providers, particularly in rural areas that receive federal universal service support. Some restrictions that are not all that problematic or unreasonable.
(2) Network Neutrality and the Universal Service Fund: If the FCC decides to reclassify broadband as a telecommunications service, broadband providers (as telecommunications carriers) will be required by statute to pay into the Universal Service Fund. That means consumer broadband rates will go up.
(3) Over-The-Top Video Offerings: I am at a loss as to why the Commission is considering redefining over-the-top video programming providers who offer streams of prescheduled programming, as Multichannel Video Programming Distributors (MVPDs). My suspicion and concern is that this proceeding is just another attempt to exert authority over the
Internet.
(4) Broadcast Spectrum Incentive Auction: I firmly believe that we should endeavor to hold the auction as soon as possible since there is a great need and demand for more licensed spectrum in the marketplace. But getting the auction structured correctly is more important than when it is held.
benton.org/headlines/fcc-commissioner-michael-orielly-american-enterprise-institute | Federal Communications Commission
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COMMUNITY BROADBAND BILL
[SOURCE: Washington Post, AUTHOR: Brian Fung]
Sen. Cory Booker (D-NJ) is leaping into the political fight over whether to let cities build and operate their own Internet service. He will introduce a bill that would help local towns set up public alternatives to big Internet providers such as Comcast or Verizon. It would amend the nation's signature telecom law -- the Communications Act -- to make it illegal for states to prohibit municipal broadband through new regulations or state legislation. Sen Booker said more cities should aspire to be like Chattanooga (TN), which offers public broadband plans at speeds of 1 gigabit per second for $70 a month. But many are held back, he said, by "industry that wants to maintain monopolies in many ways." Allowing cities to invest in high-speed fiber optic networks would stimulate economic development and access to education, Sen Booker added. "That's what created the Internet in the first place, is government-led investment in certain areas," he said.
benton.org/headlines/sen-cory-bookers-introducing-bill-help-cities-build-their-own-public-internet-services | Washington Post | The Hill
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OBAMA'S COMMUNITY-BROADBAND PLAN: 4 WAYS TO UNDERSTAND HIS STATE OF THE UNION PITCH
[SOURCE: Yahoo, AUTHOR: Rob Pegoraro]
1) We Don't Have Enough Broadband Choices: Nearly forty percent of American households either cannot purchase a fixed 10 megabit per second connection or they must buy it from a single provider. And three out of four Americans do not have a choice between providers for Internet at 25 Mbps. Faced with that situation, if a city or county can build its own fast broadband for its taxpayers, why shouldn’t it?
2) Muni Broadband Is No Sure Thing: Some publicly owned broadband can fail.
3) It's About Competition, Not Speed: I’d rather have 10 providers offer 100 Mbps service than one providing 1 Gbps. And, ideally, municipal broadband would allow that: Your town would build the infrastructure and then wholesale that capacity to other Internet providers.
4) It's Foolish to Ban Cities From Trying: The most compelling part of the White House’s newfound community-broadband advocacy could be the hardest to implement: Having the Federal Communications Commission overturn the outright bans and lesser obstacles thrown up against municipal networks in 19 states -- much of the time, in response to extensive statehouse lobbying by Big Telecom.
benton.org/headlines/obamas-community-broadband-plan-4-ways-understand-his-state-union-pitch | Yahoo
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BENTON SUPPORTS PRESIDENT OBAMA'S CALL FOR MORE INTERNET OPTIONS FOR CONSUMERS
[SOURCE: Benton Foundation, AUTHOR: Charles Benton]
I am gladdened to hear President Barack Obama's recognition of broadband’s crucial role in our recovering economy. I am especially excited to hear a commitment to encouraging, creating and protecting competition in the broadband marketplace. And, in areas where we cannot expect competition to exist, the President is right to embrace a role for government for promoting broadband deployment. Like the President, the Benton Foundation stands on the side of competition, on the side of small business owners, on the side of students and schools, and on the side of choice for communities. If community leaders believe they must act to improve local broadband networks, they should be allowed to craft local solutions -- even if that means a community providing its own broadband if it decides that is its best option.
http://benton.org/node/210878
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ANTI-MUNI NETWORK GROUPS RESPOND TO OBAMA'S ADVOCACY
[SOURCE: telecompetitor, AUTHOR: Joan Engebretson]
President Barack Obama’s recent comments advocating municipal broadband networks have drawn a variety of rebuttals from groups such as the Phoenix Center, TechFreedom and Media Freedom. Perhaps the most vehement critique came from Media Freedom, which argued that “the bullies at the White House and the Federal Communications Commission will not stop until they have taken all of our lunch money.” In response to claims from The Phoenix Center, Christopher Mitchell, director of community broadband networks at the Institute for Self-Reliance, accused the Phoenix Center of being a “mouthpiece of the cable and telephone industry.” Mitchell said it was inaccurate to say the Chattanooga (TN) network was built with “government money” but instead was built largely with bond funding sold to private investors. He also argued that Chattanooga ratepayers would be paying more for electricity had the utility not built the fiber network and also offered telecommunications services.
benton.org/headlines/anti-muni-network-groups-respond-obamas-advocacy | telecompetitor
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WIRELESS/SPECTRUM
GOOGLE ALLEGEDLY CLOSE TO LAUNCHING ITS OWN WIRELESS SERVICE USING SPRINT AND T-MOBILE
[SOURCE: The Verge, AUTHOR: Chris Ziegler]
Apparently, Google is working on its own wireless service for phones that would piggyback on the networks of T-Mobile and Sprint. By purchasing bandwidth from two of the big four national carriers instead of building its own wireless network, Google would be launching what's known as a Mobile Virtual Network Operator; other big MVNOs include Tracfone and Simple Mobile. The appeal is simple: by controlling the network, companies can better control the experience on the devices they sell and support. And by aggregating multiple carriers -- as Google's so-called Project Nova is rumored to do -- the company would be able to offer a larger coverage footprint.
benton.org/headlines/google-allegedly-close-launching-its-own-wireless-service-using-sprint-and-t-mobile | Verge, The | ars technica
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STORIES FROM ABROAD
THE INTERNET FOR CUBA
[SOURCE: Christian Science Monitor, AUTHOR: Editorial staff]
[Commentary] The great power of the Internet and smart phones is in their ability to connect people with shared values and interests – instantly, and across any borders that might divide people. These virtual communities have become a force in world affairs, either for good, such as during the Arab Spring, or for ill, such as Islamic State’s recruitment of fighters. Not surprisingly, almost every nation has yet to come to grips with this digital dynamo of collaboration. President Obama’s faith in the Internet as a force for good was cemented during the 2008 election. His campaign team set a model in how to mobilize popular support over the Web. And even though he entered office as a critic of “democracy promotion” by the United States, he now insists that Cuba’s Castro regime provide open Internet access for its people as a condition for normalizing diplomatic relations. Democracy promotion has gone out of favor to some degree since the Iraq War, and as more despots learn how to suppress groups agitating for freedom. But the Internet remains a compelling instrument for “soft power.” It rests on the hope that openness, transparency, and the flow of ideas create a moral arc of progress. Cuba is the next test ground for this hope. President Obama should not waver in assisting Cubans in finally getting connected to the world.
benton.org/headlines/president-obama-cubas-internet-provider | Christian Science Monitor
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NET NEUTRALITY PROPOSAL IN EUROPE
[SOURCE: Financial Times, AUTHOR: Duncan Robinson, Daniel Thomas]
European telecommunication operators would face strict rules guaranteeing unrestrained Internet access for customers under “net neutrality” proposals from Brussels regulators. Under plans tabled by the Latvian presidency of the European Council, operators will have to ensure the “equal treatment of all traffic” except in certain circumstances. These ranged from having to comply with a request from law enforcement, preserving the security of a network or letting users introduce parental controls. However, the operators will be able to offer specialised, faster services so long as they do not interfere with the service offered to other customers. The compromise was welcomed by telecom executives, given the alternatives of a hard line stance that would leave broadband networks as little more than unmanaged pipes.
benton.org/headlines/telecoms-operators-welcome-european-proposals-net-neutrality | Financial Times
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