January 2015

BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, JANUARY 15, 2015

INTERNET/BROADBAND
   Remarks by President Obama on Promoting Community Broadband - speech
   President Obama broadband moves stoke tension with GOP - analysis
   Sen Markey to FCC: Preempt Laws Limiting Municipal Broadband [links to web]
   Chairmen Upton and Walden Respond to President’s Broadband Announcement - press release [links to web]
   FCC Chairman Tom Wheeler on Community Broadband - press release [links to web]
   FCC Commissioner Ajit Pai Reacts to Calls for the FCC to Preempt State Laws Governing Municipalities - press release [links to web]
   Commissioner Michael O'Reilly on Municipal Broadband - press release [links to web]
   ITIF Disagrees with Broadband Direction Laid Out by President Obama - press release [links to web]
   Public Knowledge Applauds Obama for High-speed Broadband Support - press release [links to web]
   FCC To Vote on Municipal Broadband Petitions on Feb 26 [links to web]
   FCC To Vote On 25 Mbps Speed Hike at Jan 29 Meeting [links to web]
   National Broadband Policies: Brought to You by Cities - analysis
   From the Early Adopter’s Dilemma to the Game of Gigs: Building the Information Rich Commons - Blair Levin speech
   Research Study Shows NTIA Broadband Grants Provided Billions in Economic Benefits - press release
   NTIA Announces BroadbandUSA Effort to Assist Communities with Broadband Plans - press release
   How Bitcoin's Blockchain Could Power An Alternate Internet - op-ed [links to web]

NETWORK NEUTRALITY
   Hill leaders plot game plan for network neutrality rules
   House Communications Subcommittee to Continue Working to Ensure Open Internet Protections for Consumers - press release
   Congressional proposal offers Internet rules of the road - op-ed
   Verizon investors say network neutrality opposition could harm its reputation
   Congress, Do No Harm - analysis
   Network Neutrality Supporters Launch 535 Websites to Get Congress on the Record - press release

OWNERSHIP
   FCC ‘Peering’ Into Comcast-TIME WARNER CABLE
   FCC Has Questions for Dish Concerning Comcast/Time Warner Cable Merger - public notice
   Carlos Slim Becomes Largest Individual New York Times Shareholder [links to web]
   Comcast's Juggling Act [links to web]

GOVERNMENT & COMMUNICATIONS
   Justice Department issues new guidelines for seeking media records during leak investigations

PRIVACY/SECURITY
   President Obama wants Congress to increase prison sentences for hackers [links to web]
   Straight talk about Internet privacy and security - AEI op-ed [links to web]
   Happy 2nd anniversary to the “new” COPPA Rule - FTC press release [links to web]
   Zombie Cookie: The Tracking Cookie That You Can’t Kill [links to web]

TELEVISION
   The media revolution that isn’t being televised - op-ed [links to web]

LABOR/DIVERSITY
   Study Highlights Silicon Valley’s Powerful Economic Mix [links to web]
   Bigger Settlement Said to Be Reached in Silicon Valley Antitrust Case
   Intel could spend more than $300 million on diversity [links to web]
   Silicon Valley absent from list of top 40 diverse firms [links to web]
   Maxine Williams: The face of Facebook on diversity [links to web]

WIRELESS/SPECTRUM
   Supreme Court Sides With T-Mobile on Tower Citing [links to web]
   Block Wi-Fi? Who, Us? Marriott Backs Away From Controversial Plan. [links to web]
   Apple and Ericsson go to court over LTE patents [links to web]
   5 Takeaways from Apple and Ericsson's Patent Fight - analysis [links to web]
   Google’s Regina Dugan Explains Why the World Needs a Modular Smartphone [links to web]

CONTENT
   Facebook is Eating the Media - analysis [links to web]
   Amazon exec: Here’s why it pays to make your e-books exclusive to us [links to web]

GOVERNMENT & COMMUNICATIONS
   Agencies, Want a New Website? Talk to GSA [links to web]

POLICYMAKERS
   FCC Announces Additional Members Appointed to the Task Force on Optimal PSAP Architecture - public notice [links to web]

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INTERNET/BROADBAND

REMARKS BY PRESIDENT OBAMA ON PROMOTING COMMUNITY BROADBAND
[SOURCE: The White House, AUTHOR: President Obama]
I’m in Cedar Falls (IA) to talk about how we can give more communities access to faster, cheaper broadband so they can succeed in the digital economy. Right now, about 45 million Americans cannot purchase next-generation broadband. And that next generation of broadband creates connections that are six or seven times faster than today’s basic speeds. And by the way, only about half of rural Americans can log on at that super-fast rate. But here’s the catch: In too many place across America, some big companies are doing everything they can to keep out competitors. So today, I’m saying we're going to change that. If there are state laws in place that prohibit or restrict these community-based efforts, all of us -- including the Federal Communications Commission, which is responsible for regulating this area -- should do everything we can to push back on those old laws. I’m absolutely confident that if we just give Americans the tools they need, if we just help lay the foundation and allow them to access the amazing opportunities and technologies at this moment in world history, we’re not just going to continue recovering from a bad recession, we’re going to ignite the next generation of American innovation.
benton.org/headlines/remarks-president-obama-promoting-community-broadband | White House, The | Waterloo Cedar Falls Courier | Des Moines Register | GigaOm | New York Times
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PRESIDENT OBAMA BROADBAND MOVES STOKE TENSION WITH GOP
[SOURCE: Politico, AUTHOR: Alex Byers, Brooks Boliek]
President Barack Obama is delving more deeply into broadband issues as he tries to put his stamp on the nation’s Internet policy -- setting up more conflict with Congressional Republicans and telecommunications giants that dominate the industry. President Obama's speech backing efforts to spur city-run broadband networks as an alternative to private-sector providers like Comcast and Verizon incensed Republicans who see it as just another attempt to over-regulate the industry with a Washington power-grab. “Each day we see more policies coming out of this White House that attempt to wield greater power and control for the federal government,” said Sen Deb Fischer (R-NE). “We don’t need unelected bureaucrats like Federal Communications Commission Chairman Tom Wheeler dictating to our states what they can and can’t do with respect to protecting their limited taxpayer dollars and private enterprises,” Rep Marsha Blackburn (R-TN) said.
benton.org/headlines/president-obama-broadband-moves-stoke-tension-gop | Politico
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CITIES AND BROADBAND
[SOURCE: Brookings, AUTHOR: Blair Levin, Adie Tomer]
[Commentary] When it comes to broadband’s ability to spur economic growth and achieve social progress, cities may turn out to be the most significant public entities in 2015. Construction costs are a huge barrier to greater fiber deployment -- and here cities are the lead public actor. Rights of way, permitting, pole access, building access, build-out requirements and other factors all directly impact planning and investment. Smart local policies, such as requiring conduit or fiber installation during road construction, can reduce deployment costs by 90 percent while adding less than 1 percent to total project cost and minimizing neighborhood disruption. Further, as we have seen with Google Fiber, AT&T Gigapower, CenturyLink and smaller players, new city policies are driving fiber upgrades across the country. Local governments also lead on public services that will rely on broadband quality. While the federal government plays a role in education, health care, social services and public safety, local efforts deliver the lion’s share of these services. Local policies will determine the speed by which we make these services more personalized, accountable and effective. Finally, when it comes to broadband subscribers, households and business predominantly locate in cities and metropolitan areas. That means adoption concerns, including its perceived relevance by potential subscribers, will play out in urban and suburban communities across the country. Critically, with under-adopting communities often those most dependent on local services, transforming the delivery of public services to a digital platform could turn out to be a significant driver of adoption.
benton.org/headlines/national-broadband-policies-brought-you-cities | Brookings
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BUILDING THE INFORMATION RICH COMMONS
[SOURCE: Benton Foundation, AUTHOR: Blair Levin]
[Commentary] The arc of history is long but every now and then, its curve steepens and you can see the actual moment, not just the gradual sweep, of change. We are at such a moment. It entails the creation of a new commons -- an information rich commons -- that will define a generation of cities. In the last 40 years our country has often overlooked the value of the commons but if there is any audience that should understand the importance of the creation of the commons, it is cities. Cities have built their foundation and created value not by investment in personal goods but by investing in what we share.
[Blair Levin is a Nonresident Senior Fellow with the Metropolitan Policy Program of the Brookings Institute]
benton.org/headlines/building-information-rich-commons | Benton Foundation
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RESEARCH STUDY SHOWS NTIA BROADBAND GRANTS PROVIDED BILLIONS IN ECONOMIC BENEFITS
[SOURCE: National Telecommunications and Information Administration, AUTHOR: Press Release]
The National Telecommunications and Information Administration (NTIA) released a new independent research study showing that its broadband grants program resulted in billions of dollars in economic benefits to the communities served, including increased economic output and higher levels of employment. The four-year study, prepared by the research firm ASR Analytics, examined the social and economic impacts of the $4 billion in Recovery Act grants awarded by NTIA to expand broadband access and adoption across the country through the Broadband Technology Opportunities Program (BTOP). In communities where grantees built new broadband infrastructure, broadband availability grew by an estimated 2 percent more than in communities not served by a broadband grantee. That growth could be expected to translate into increased economic output of as much as $21 billion annually, the report concluded.
benton.org/headlines/research-study-shows-ntia-broadband-grants-provided-billions-economic-benefits | National Telecommunications and Information Administration | read the research
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NTIA ANNOUNCES BROADBANDUSA EFFORT TO ASSIST COMMUNITIES WITH BROADBAND PLANS
[SOURCE: National Telecommunications and Information Administration, AUTHOR: Lawrence Strickling]
I’m happy to unveil our BroadbandUSA initiative aimed at finding new ways to assist communities seeking to ensure their citizens have the broadband capacity they need to advance economic development, education, health care, and public safety. As part of BroadbandUSA, we will share the lessons learned and best practices developed by companies, state and local governments, and other organizations that received our grants. We will use everything from toolkits and training programs, to webinars and workshops, to provide technical assistance, funding leads and basic guidance to communities as they grow their broadband capacity and use. We are also releasing a new Public Private Partnership primer, which provides a basic introduction to a variety of partnership models for communities considering new broadband projects. The primer provides a high-level overview of steps to establish partnerships, and presents case studies of successful public-private broadband partnerships. Building on the primer, we are now putting together a toolkit to assist communities that want to increase the level of broadband infrastructure and adoption in their areas. This guide will provide solid and field-tested advice on how to establish effective partnerships, develop useful applications and build projects that will sustain themselves for years to come. We have made important strides in expanding broadband access and adoption but there is still work to be done. And NTIA will be leading the charge.
benton.org/headlines/ntia-announces-broadbandusa-effort-assist-communities-broadband-plans | National Telecommunications and Information Administration | read the primer
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NETWORK NEUTRALITY

NET NEUTRALITY PLANS
[SOURCE: The Hill, AUTHOR: Julian Hattem]
Republican leaders of the House and Senate Commerce Committees eyeing new network neutrality legislation are narrowing their focus. They will hold separate hearings on new Web rules within hours of each other on Wednesday, Jan. 21, and unveiled new details about the proposals they are considering. Senate Commerce Committee Chairman John Thune (R-SD) outlined 11 principles that he said should form the “foundation” of a new bipartisan law, as Congress seeks to preempt the Federal Communications Commission from reclassifying broadband Internet service so that it can be treated like a utility. The 11 principles for bipartisan rules in the Internet Age:
Prohibit blocking
Prohibit throttling
Prohibit paid prioritization
Require transparency
Apply rules to both wireline and wireless
Allow for reasonable network management
Allow for specialized services
Protect consumer choice
Classify broadband Internet access as an information service under the Communications Act
Clarify that Section 706 of the Telecommunications Act may not be used as a grant of regulatory authority
Direct the FCC to enforce and abide by these principles
benton.org/headlines/hill-leaders-plot-game-plan-network-neutrality-rules | Hill, The | Senate Commerce Committee
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NET NEUTRALITY HEARING
[SOURCE: House of Representatives Commerce Committee, AUTHOR: Press release]
The House Commerce Committee’s Subcommittee on Communications and Technology, chaired by Rep. Greg Walden (R-OR), has scheduled a hearing for Wednesday, January 21, 2015, at 10:00 a.m. in room 2123 of the Rayburn House Office Building. The hearing is entitled, “Protecting the Internet and Consumers Through Congressional Action.” "We will soon put forward a legislative plan that will protect consumers, promote innovation and investment, and provide legal certainty. This hearing will show that the FCC cannot achieve that same certainty nor do they have authority to accomplish as much as Congress can through the legislative process," said Chairman Walden
benton.org/headlines/house-communications-subcommittee-continue-working-ensure-open-internet-protections | House of Representatives Commerce Committee
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CONGRESSIONAL PROPOSAL OFFERS INTERNET RULES OF THE ROAD
[SOURCE: Reuters, AUTHOR: Chairman John Thune (R-SD), Chairman Fred Upton (R-MI)]
[Commentary] The Federal Communications Commission has limited ability to establish the kind of legally sound, pro-innovation rules that consumers and developers need. One ill-fitting tool available is Title II of the Communications Act -- a set of rules conceived in the Franklin D. Roosevelt era for public utilities. Policymakers, however, need updated tools written for the Internet age. Using Title II could result in billions of dollars in higher government fees and taxes on consumers’ monthly broadband bills, according to a Progressive Policy Institute report [that has already been debunked; see link below]. It also could extend new regulations to areas like mobile broadband without recognizing the unique challenges that mobile carriers face. In the coming days, we plan to pursue a public process to draft and enact bipartisan legislation that would protect the open Internet. We hope FCC Chairman Tom Wheeler and the public will join Congress in working to build and enact a shared set of principles that will protect Internet users, promote innovation, encourage investment -- and withstand legal challenge.
benton.org/headlines/congressional-proposal-offers-internet-rules-road | Reuters | The Hill | Multichannel News | Free Press
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VERIZON INVESTORS SAY NETWORK NEUTRALITY OPPOSITION COULD HARM ITS REPUTATION
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
A group of Verizon shareholders is criticizing the company’s stance on network neutrality, saying Verizon's positions on the issue could harm its reputation and commercial success. The proposal by the Nathan Cummings Foundation and Trillium Asset Management LLC is being submitted for consideration at Verizon's annual meeting, which is typically held in April or May. A previous version of the same proposal was submitted in 2014 and "won 26.4 percent of the shareholder vote -- representing $30.6 billion of Verizon shares," according to Open MIC. The proposal claims Verizon's stated position regarding network neutrality has been inconsistent and contradictory, and that investors are confused by the ambiguity and troubled by the potential negative impact that paid prioritization could have on innovate technology start-ups.
benton.org/headlines/verizon-investors-say-network-neutrality-opposition-could-harm-its-reputation | Ars Technica
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CONGRESS, DO NO HARM
[SOURCE: Free Press, AUTHOR: Sandra Fulton]
[Commentary] 2014 was a banner year for network neutrality. Except for this: Congress is now threatening to step in and stifle our momentum. Cable and telecom lobbying inside the Beltway is having the intended effect: Some members of Congress are trying to preempt and stall the Federal Communication Commission’s work by introducing new and wholly unnecessary legislation. There’s absolutely no reason for a partisan fight to erupt over net neutrality in Congress. The FCC doesn’t need new laws to craft strong but workable safeguards, and for that members have their predecessors to thank. The Communications Act is still completely sufficient: A bipartisan and forward-thinking Congress updated it in 1996 to guarantee Americans’ rights to nondiscriminatory means of communications in the digital age. Congressional attempts to undermine these long-established principles with bad legislation -- or to strip away the FCC’s ability to enforce them -- wouldn’t just gut net neutrality. They would endanger our basic rights to communicate and express ourselves freely -- values that are a cornerstone to our democracy and a free society.
benton.org/headlines/congress-do-no-harm | Free Press
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NETWORK NEUTRALITY SUPPORTERS LAUNCH 535 WEBSITES TO GET CONGRESS ON THE RECORD
[SOURCE: Free Press, AUTHOR: Press release]
Network neutrality advocates launched 535 websites, one for each member of Congress, to identify where the officials stand on the open Internet and generate calls in favor of protections. By visiting BattlefortheNet.com, users can locate their members’ websites and then contact their senators and representatives to urge support for net neutrality. Each website notes whether that member of Congress is on “Team Internet” (a net neutrality supporter), “Team Cable” (a net neutrality opponent), or “unknown” (yet to make a statement for or against open Internet rules).
benton.org/headlines/network-neutrality-supporters-launch-535-websites-get-congress-record | Free Press | Battle for the Net
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OWNERSHIP

FCC 'PEERING' INTO COMCAST-TIME WARNER CABLE
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
The Federal Communications Commission is looking to drill down on the matter of "paid peering", instances in which online video distributors such as Netflix agree to pay for access to the networks of Internet service providers that own the last-mile link to subscribers. FCC Chairman Tom Wheeler may have signaled that he wanted to keep such interconnection charges out of the Internet-neutrality debate, but the same can’t be said of the battle over whether to allow Comcast and Time Warner Cable to merge. The FCC has reached out to a host of over-the-top video edge providers -- including Netflix, Hulu and HBO Go -- for information on peering or interconnection deals with the top 20 ISPs and the traffic flows of that content. The FCC appears to want to use the merger to help it determine whether paid peering is an anticompetitive move, as Netflix has suggested, or whether it’s part of the cost of doing businesses, as ISPs have said.
benton.org/headlines/fcc-peering-comcast-time-warner-cable | Multichannel News
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FCC HAS QUESTIONS FOR DISH CONCERNING COMCAST/TIME WARNER CABLE MERGER
[SOURCE: Federal Communications Commission, AUTHOR: Bureau Chief William Lake]
In order for the Federal Communications Commission to complete its review of the applications made by Comcast and Time Warner Cable to transfer control, we require information and data from other commercial wireline carriers against which the applicants compete. We request that DISH provide copies of any and all of its agreements with the following programming entities relating to video programming to be provided on DISH's Sling TV service, and all documents relating to each negotiation between DISH and such entities since January 1, 2013, contemplating such an agreement, regardless of whether the negotiations resulted in an agreement or informal agreement: A+E Networks, CBS Corporation, Comcast Corporation, The American Broadcasting Company, The E.W. Scripps Company, and Turner Broadcasting System, Inc. DISH should submit these materials no later than January 23, 2015.
benton.org/headlines/fcc-has-questions-dish-concerning-comcasttime-warner-cable-merger | Federal Communications Commission
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GOVERNMENT & COMMUNICATIONS

JUSTICE DEPARTMENT ISSUES NEW GUIDELINES FOR SEEKING MEDIA RECORDS DURING LEAK INVESTIGATIONS
[SOURCE: Associated Press, AUTHOR: Eric Tucker]
The Justice Department announced revised guidelines for obtaining records from the news media during leak investigations, removing language that news organizations said was ambiguous and requiring additional levels of review before a journalist can be subpoenaed. "These revised guidelines strike an appropriate balance between law enforcement's need to protect the American people and the news media's role in ensuring the free flow of information," Attorney General Eric Holder said. Associated Press General Counsel Karen Kaiser praised the changes for eliminating "potential ambiguity of what constitutes newsgathering and help provide consistency in how the guidelines are interpreted across investigations and administrations."
benton.org/headlines/justice-department-issues-new-guidelines-seeking-media-records-during-leak-investigations | Associated Press | Department of Justice press release | Department of Justice memo
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LABOR/DIVERSITY

BIGGER SETTLEMENT SAID TO BE REACHED IN SILICON VALLEY ANTITRUST CASE
[SOURCE: New York Times, AUTHOR: David Streitfeld]
Apple, Google, Intel and Adobe are offering a joint payment of $415 million to settle the case of a class-action antitrust suit that accuses them of conspiring against their own employees. The new payment is up from the $324.5 million they offered in the spring 2014. Lawyers for the 64,000 software engineers who are the class-action plaintiffs have already agreed to the new figure, but that does not automatically end the case. The earlier amount was acceptable to the plaintiffs’ lawyers, but it was rejected by the judge overseeing the case as inadequate.
benton.org/headlines/bigger-settlement-said-be-reached-silicon-valley-antitrust-case | New York Times | Revere Digital
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