BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, JANUARY 29, 2015
TODAY: FCC meeting and Media Impact on Health Behaviors Around the World (see http://www.benton.org/calendar/2015-01-29)
WIRELESS/SPECTRUM
Prepaid Mobile Provider TracFone to Pay $40 Million to Settle FTC Charges It Deceived Consumers About ‘Unlimited’ Data Plans - press release
Cable’s next step: Offer “virtual” cellular service [links to web]
5G Network Requirements: 10 Gig, Ultra-Low-Latency? [links to web]
INTERNET/BROADBAND
Chairman Thune at American Enterprise Institute - speech
Netflix Deals With Broadband Providers Said to Get FCC Oversight
Tons of AT&T and Verizon customers may no longer have “broadband”
Cable Companies are Making Things Up Again - Public Knowledge analysis
Republicans Try to Pre-empt the FCC - NYTimes editorial
American Cable Association to FCC: No Enhanced Transparency Rules [links to web]
PRIVACY/SECURITY
How net neutrality rules can fix Verizon’s supercookie problem - analysis
Update Privacy Laws for the Digital Age - Sens Leahy and Lee op-ed
White House preps expansive online privacy bill
Happy Data Privacy Day. Legally speaking, you’re mostly on your own. - analysis [links to web]
Cybersecurity is a mess, but President Obama can learn a few things from Estonia – and Eugene Kaspersky [links to web]
Google says it fought gag orders in WikiLeaks investigation [links to web]
TELEVISION
Ensuring rural access to reasonably priced video programming - op-ed
CONTENT
What Happens if Apple Drops Google From Its Browser? - analysis [links to web]
Advocates want to hear from AG nominee on Aaron Swartz [links to web]
JOURNALISM
How Broadcast Networks Covered Climate Change In 2014 - Media Matters for America research [links to web]
GOVERNMENT & COMMUNICATIONS
Waze a danger to cops? Police reveal their own location on social media [links to web]
FCC REFORM
Remarks of Matthew Berry, Chief of Staff to FCC Commissioner Ajit Pai at the American Enterprise Institute - speech
STORIES FROM ABROAD
Canada tracks millions of downloads daily: Snowden documents
Majority of UK broadband users satisfied with service, says Ofcom [links to web]
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WIRELESS/SPECTRUM
PREPAID MOBILE PROVIDER TRACFONE TO PAY $40 MILLION TO SETTLE FTC CHARGES IT DECEIVED CONSUMERS ABOUT 'UNLIMITED' DATA PLANS
[SOURCE: Federal Trade Commission, AUTHOR: Press release]
TracFone, the largest prepaid mobile provider in the US, has agreed to pay $40 million to the Federal Trade Commission to settle charges that it deceived millions of consumers with hollow promises of “unlimited” data service. The FTC’s complaint against TracFone alleges that since 2009, TracFone has advertised prepaid monthly mobile plans for about $45 per month with “unlimited” data under various brands, including Straight Talk, Net10, Simple Mobile, and Telcel America. But despite emphasizing unlimited data in its advertisements, TracFone drastically slowed or cut off consumers’ mobile data after they used more than certain fixed limits in a 30-day period. Beginning Jan 28, consumers who had a Straight Talk, Net10, Simple Mobile, or Telcel America unlimited plan before January 2015 can to file a claim for a refund. Refunds will be paid to consumers whose data service was slowed or cut off. Consumers who had an unlimited plan but are unsure if their data service was slowed or cut off should still file a claim to find out if they are eligible for a refund.
benton.org/headlines/prepaid-mobile-provider-tracfone-pay-40-million-settle-ftc-charges-it-deceived-consumers | Federal Trade Commission | FTC blog | New York Times | Revere Digital | The Hill
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INTERNET/BROADBAND
CHAIRMAN THUNE AT AMERICAN ENTERPRISE INSTITUTE
[SOURCE: US Senate Commerce Committee, AUTHOR: Chairman John Thune (R-SD)]
Senate Commerce Committee Chairman John Thune (R-SD), speaking about the upcoming network neutrality vote at the Federal Communications Commission, said, "The legal and regulatory uncertainty about what the FCC can and will do… has become a major problem for people both at the edge of the Internet and at its core. Congress, however, is the only entity that can settle this uncertainty, and I believe we can do so in a way that will empower the FCC with the strong tools many believe are needed to protect the Internet while simultaneously ensuring the agency is appropriately limited in its reach and authority.” He also addressed a possible rewrite of US telecommunications law saying, “Updating the Communications Act is no small undertaking, but it would be a dereliction of duty if Congress did not at least try to modernize the law.” Chairman Thune also discussed the Internet Assigned Number Authority transition, saying, "I have been working with Sen Marco Rubio [R-FL] to hold the Administration accountable to its promises and to urge ICANN to implement accountability reforms as part of the IANA transition process...If these goals cannot be met, the Administration should simply renew the IANA contract indefinitely."
benton.org/headlines/chairman-thune-american-enterprise-institute | US Senate Commerce Committee | The Hill | Multichannel News
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NETFLIX DEALS WITH BROADBAND PROVIDERS SAID TO GET FCC OVERSIGHT
[SOURCE: Bloomberg, AUTHOR: Todd Shields]
Apparently, US regulators plan to issue rules in February allowing them to review the terms Internet service providers demand for accepting heavy Web traffic from companies such as Netflix. Such agreements aren’t regulated now, and the move -- part of highly anticipated network neutrality rules -- would mark an expansion of the Federal Communications Commission’s authority over the Internet. Cable providers led by Comcast have argued against restrictions on what they can charge content providers while companies such as Netflix sought to ban any fees. Apparently, FCC Chairman Tom Wheeler has decided the rules will permit the agreements but include a procedure for companies to ask for agency review. With an oversight procedure, the FCC could order an Internet service provider to stop demanding unfair fees, or to improve its connection, said Harold Feld, Senior Vice President of Public Knowledge. Contracts would be considered against a standard of whether they are “just and reasonable,” Feld said.
benton.org/headlines/netflix-deals-broadband-providers-said-get-fcc-oversight | Bloomberg
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TONS OF AT&T AND VERIZON CUSTOMERS MAY NO LONGER HAVE "BROADBAND"
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
At the current broadband definition of 4Mbps downstream and 1Mbps up, only 6.3 percent of US households have no access to wired broadband. That doesn’t mean the other 93.7 percent are using broadband, but they could buy it from at least one wired Internet provider in their city or town. Under the Federal Communications Commission’s proposed new definition of 25Mbps down and 3Mbps up (which is opposed by Internet providers), 19.4 percent of US households would be in areas without any wired broadband providers. And 55.3 percent would have just one provider of “broadband,” with the rest being able to choose from two or more. Rural areas are far less likely to have fast Internet service than urban ones. A big portion of AT&T and Verizon subscribers will no longer have “broadband” if the FCC changes the definition. The nation’s two largest traditional telephone companies have each deployed a lot of fiber, but still have plenty of DSL customers.
benton.org/headlines/tons-att-and-verizon-customers-may-no-longer-have-broadband | Ars Technica
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CABLE COMPANIES ARE MAKING THINGS UP AGAIN
[SOURCE: Public Knowledge, AUTHOR: Kate Forscey]
[Commentary] The National Cable and Telecommunications Association, the cable industry trade association, argues the proposal by the Federal Communications Commission to redefine "highspeed broadband" from 4 Mbps down/1 Mbps up to 25 Mbps down/3 Mbps up simply isn't necessary to meet the legal definition of "high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.” As it turns out, the way most Internet service providers advertise to their customers gives every indication that much greater speeds than a mere 4 Mbps/1Mbps are needed for a high-quality experience in photo sharing, music downloads, and video streaming. The exact opposite of the message they are sending to the FCC not to break from that standard. Either the companies are misleading customers to push them to higher-priced bundles that they maybe don’t really need, or they are misleading the FCC to avoid more accurate broadband deployment standards (not to mention a more accurate market dominance analysis for proposed mergers). But it can’t be neither. This effort seems unlikely to forestall the FCC’s proposal at this point in the game, no matter what NCTA says.
benton.org/headlines/cable-companies-are-making-things-again | Public Knowledge
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REPUBLICANS TRY TO PREEMPT THE FCC
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] Many Republicans have no fondness for net neutrality — the idea that cable and phone companies should treat all information equally as it travels over their broadband Internet networks. So it comes as no surprise that some of them are trying to throw a wrench into the Federal Communications Commission’s plan to adopt strong Internet rules. Republicans and large telecommunications companies are natural allies in opposing government regulations. The good news is that even if Republicans in Congress, who receive big donations from telecommunications companies, can push through Thune’s and Upton’s net neutrality legislation, President Barack Obama would almost surely veto it. In November, the President called on the FCC to reclassify broadband. But Republicans could try to get the proposal through by attaching it to unrelated bills the President would find difficult to veto. Democrats in Congress and President Obama should be ready to defend the FCC.
benton.org/headlines/republicans-try-pre-empt-fcc | New York Times
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PRIVACY/SECURITY
HOW NET NEUTRALITY RULES CAN FIX VERIZON'S SUPERCOOKIE PROBLEM
[SOURCE: GigaOm, AUTHOR: Jeff Roberts]
The Federal Communications Commission is on the cusp of proposing new rules for the Internet, and it may have a chance to kill two birds with one stone: along with preserving so-called “network neutrality,” the rules, if the FCC reclassifies broadband access as a Title II telecommunications service, could serve to stop the use of “supercookies” that phone carriers like Verizon are using to track their wireless subscribers. Verizon’s support for supercookies could one day lead to class-action lawsuits, as some have suggested. The Title II designation is the only legal avenue the agency can use to stop broadband companies from favoring some websites over others, but it also contains important authority for the FCC to protect privacy.
benton.org/headlines/how-net-neutrality-rules-can-fix-verizons-supercookie-problem | GigaOm
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UPDATE PRIVACY LAWS FOR THE DIGITAL AGE
[SOURCE: Real Clear Policy, AUTHOR: Sen Patrick Leahy (D-VT), Sen Mike Lee (R-UT)]
[Commentary] Americans routinely are bombarded with news stories about invasive new surveillance technologies. But Congress has yet to pass even the most basic legislation on the issue: a bill to ensure that law-enforcement agents cannot read Americans' private e-mails without search warrants. We will be reintroducing legislation to update the Electronic Communications Privacy Act (ECPA) and safeguard the privacy of e-mail and other information stored in "the cloud." In the 113th Congress, the Senate Judiciary Committee unanimously approved this bipartisan bill, but it has yet to become law. The proposal we will soon introduce requires the government to obtain a search warrant, based on probable cause, before searching through the content of Americans' e-mail or other electronic communications stored with a service provider such as Google, Facebook, or Yahoo!. The government is already prohibited from tapping our phones or forcibly entering our homes to obtain private information without warrants. The same privacy protections should apply to our online communications. Congress should pass ECPA reform this year, and President Barack Obama should sign these important privacy reforms into law.
benton.org/headlines/update-privacy-laws-digital-age | Real Clear Policy
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PRIVACY BILL?
[SOURCE: Politico, AUTHOR: Tony Romm]
Apparently, the White House is preparing to send a sweeping online privacy proposal to Congress that would restrict how companies like Google and Facebook handle consumer data while greatly expanding the power of the Federal Trade Commission to police abuses -- ideas that are likely to incite strong opposition in Congress. The forthcoming measure -- slated for release in February -- would require large Internet companies, online advertisers, mobile app makers and others to ask permission from consumers before collecting and sharing their most sensitive personal information, according to three sources briefed by administration officials. Companies that collect data for one purpose would in some cases need to get user sign-off before deploying it in a markedly different way, the sources said. The draft bill would also enhance the enforcement authority of the FTC, which has become Washington’s de facto privacy cop. Among the proposed changes, the Obama administration wants to give the agency its long-sought ability to fine companies for online privacy missteps, according to the sources. And the measure would strengthen government oversight of data brokers, firms that siphon up and sell vast amounts of consumer information, often behind the scenes.
benton.org/headlines/white-house-preps-expansive-online-privacy-bill | Politico
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TELEVISION
ENSURING RURAL ACCESS TO REASONABLY PRICED VIDEO PROGRAMMING
[SOURCE: The Hill, AUTHOR: Shirley Bloomfield]
[Commentary] The ability of providers of all kinds -- but especially small, rural providers -- to obtain video content at affordable rates and under reasonable terms and conditions will not only improve competition in the video services market but will also spur broadband investment and adoption in rural service areas. In its response to a House Commerce Committee’s white paper, the National Telephone Cooperative Association offers several simple, common sense updates to the laws that govern the video services marketplace. These updates are essential given the significant changes in video markets over the past 20-plus years since the laws were last updated. We think giving video providers the freedom to purchase broadcast content from neighboring markets would inject much-needed competitive market forces into a tired and protectionist retransmission consent regime, thereby enabling rural providers to pass cost-savings on to consumers. Also, the revised legislation should put control back in consumers’ hands by eliminating forced tying and tiering by all content providers. These practices unnecessarily increase rural providers’ and consumers’ costs and make it nearly impossible for providers to offer tailored, affordable service packages. We look to Congress as it proceeds with this important legislative update, and we encourage policymakers to ensure that any statutory update regarding video policy upholds the core principles of universal service, consumer protection and competition.
[Shirley Bloomfield is Chief Executive Officer of NTCA–The Rural Broadband Association]
benton.org/headlines/ensuring-rural-access-reasonably-priced-video-programming | Hill, The
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FCC REFORM
REMARKS OF MATTHEW BERRY, CHIEF OF STAFF TO FCC COMMISSIONER AJIT PAI AT THE AMERICAN ENTERPRISE INSTITUTE
[SOURCE: Federal Communications Commission, AUTHOR: Matthew Berry]
The Federal Communications Commission is being run in an extremely partisan and divisive manner. Consider the following statistic. In the last fifteen months, there have been more party-line votes at FCC meetings than there were under Chairmen Martin, Copps, Genachowski, and Clyburn combined. Time and time again, Republican offices have been willing to meet the Chairman’s Office more than halfway to reach consensus. But time and time again, our outstretched hand of compromise has been slapped away...It appears likely that the Commission will vote in February to impose heavy-handed Title II regulation on our nation’s broadband providers. But it should be obvious that most members of the FCC don’t actually believe that Title II regulation is a good idea. Rather, the FCC is heading down the Title II path because of inappropriate interference by the White House in the Commission’s deliberations.
benton.org/headlines/remarks-matthew-berry-chief-staff-fcc-commissioner-ajit-pai-american-enterprise-institute | Federal Communications Commission | Broadcasting & Cable
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STORIES FROM ABROAD
CANADA TRACKS DOWNLOADS
[SOURCE: CBC, AUTHOR: Amber Hildebrandt, Michael Pereira, Dave Seglins]
Canada's electronic spy agency sifts through millions of videos and documents downloaded online every day by people around the world, as part of a sweeping bid to find extremist plots and suspects. Details of the Communications Security Establishment project dubbed "Levitation" are revealed in a document obtained by US whistleblower Edward Snowden. Under Levitation, analysts with the electronic eavesdropping service can access information on about 10 to 15 million uploads and downloads of files from free websites each day, the document says. "Every single thing that you do -- in this case uploading/downloading files to these sites -- that act is being archived, collected and analyzed," says Ron Deibert, director of the University of Toronto-based Internet security think-tank Citizen Lab, who reviewed the document.
benton.org/headlines/canada-tracks-millions-downloads-daily-snowden-documents | CBC
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