February 2015

Cable-Industry Document Access Case Could Delay Mergers

A federal court case about access to sensitive cable-industry documents continues to complicate US regulatory reviews of two major mergers: Comcast’s deal for Time Warner Cable and AT&T’s planned acquisition of DirecTV. A three-judge panel of a US appeals court here voiced concerns about a decision by the Federal Communications Commission to give opponents of the mergers limited access to video-programming contracts between the merging companies and TV-channel owners such as CBS, Walt Disney. and Viacom. Robert Long, a lawyer for the content companies, argued the FCC acted in a “totally unprecedented” manner in allowing representatives for third parties like Dish Network to have access to confidential business documents, including hundreds of thousands of pages of materials on pricing and negotiating strategies for dealing with distributors like Comcast. Disclosure of the material “would be highly damaging,” Mr. Long said during a nearly hourlong session before the US Court of Appeals for the District of Columbia Circuit, which has blocked the FCC from allowing access to the material while the case continues.

Arlington to sell fiber optic access as part of economic development

Arlington County will open its high-speed broadband network to federal agencies, businesses and organizations later in 2015 as part of an economic development initiative. The County Board voted unanimously to license access to Arlington’s 10-mile fiber-optic network in the county’s major commercial areas -- the Rosslyn-Ballston corridor, Glebe Road, Columbia Pike and Crystal City -- as long as the final connection is to an entity located in Arlington.

The initiative is possible because Arlington’s fiber-optics, built to connect its buildings, schools, traffic signals and emergency response network, was intentionally created with extra capacity that can be sold as the “middle mile” of Internet access. Licensees would have to make the “last mile” connection to their offices, but buying this access is expected to drive down prices.

Comcast shares under pressure over doubts about Time Warner Cable merger

Shares of Comcast continue to be pressured amid bubbling speculation that federal approval for its proposed deal to buy Time Warner Cable is hardly a slam dunk. Comcast shares shed about 1.6 percent during the week of Feb 16. On Feb 23, shares were down 0.68 percent to $58.12.

Just Around the Broadband Bend

It’s often said that life is not measured by the number of breaths we take, but by the moments that take our breath away. I had just such an experience when the Connect2HealthFCC Task Force went to Jackson (MS) and Sunflower County (MS). With creativity and courage, Mississippi is driving hard toward connecting every Mississippian to the power of broadband technology; bringing lifesaving diabetes care and remote monitoring to its most rural citizens using wireless broadband; equipping a new generation of physicians with the knowledge and skill to embrace telehealth tools and to use them to improve population health; and emphasizing data analytics around the social determinants of chronic disease.

On the way back to Jackson to catch the last flight home, we passed a sign saluting native son of Sunflower County and jazz/blues legend B.B. King. Among his many Grammy Award winning hits is the classic: “There must be a better world somewhere.” And, for Sunflower County and many other rural communities across the country, that better world is here and now...just around the broadband bend.

Driving Wi-Fi Ahead: the Upper 5 GHz Ban

Today’s Wi-Fi spectrum bands are wildly popular. But with more and more people and devices taking advantage of this technology, these bands are getting congested. In response to the growing use of Wi-Fi, the Federal Communications Commission has taken steps to meet the growing demand for additional unlicensed spectrum.

In 20014, we added 100 megahertz of spectrum for Wi-Fi in the lower 5 GHz band. The Commission is also seeking to secure some unlicensed spectrum opportunities in the 600 MHz band as part of our upcoming incentive auction. But more needs to be done -- and soon. One spectrum band that we believe needs greater attention is in the upper 5 GHz band. In light of the proximity to spectrum in other parts of the 5 GHz band that are already used for unlicensed services, this is a prime candidate to help meet the demand for Wi-Fi.

Why People Probably Won't Pay to Keep Their Web History Secret

AT&T is conducting an experiment in how much money Americans will pay for privacy. If consumers in Kansas are willing to pay an extra $30 per month for super-fast fiber-optic Internet access, the telecom giant won’t track their online browsing for targeted ads. It turns out, most people opt for the cheaper service, according to AT&T.

This shouldn’t be surprising. Indeed, it is how humans have behaved for more than 3,000 years. Time and time again, with the invention of new technologies, humanity has opted for low cost, convenience, or fame over privacy. While privacy may be valued, at least theoretically, it has rarely been the top priority. Given the choice between access to technology and protecting one’s privacy -- many people will choose the technology. And as technologies becomes further enmeshed with our daily lives, there will likely be more opportunities to give access to bits of our individual information and personal lives in exchange for discounts, novel products, or Internet fame. I think we already know what most Americans will decide.

FCC should topple NC limits on public Internet networks

[Commentary] On Feb 26. the Federal Communications Commission may improve North Carolinians’ chances of getting inexpensive, high-speed Internet access without having to go through cable and telephone companies. A green light from the FCC would allow the two cities to serve customers outside their boundaries who are clamoring for Internet access that is both faster and cheaper than what they get from commercial providers. It would also help rural areas gain high-speed access to the Internet, bolster local schools and help local businesses.The FCC should knock down this state-sponsored protection for commercial providers and set Wilson (NC) and all municipalities free to give their residents high-speed Internet access at the lowest cost possible.

Google to FCC: Don't regulate interconnection between edge providers and ISPs

Google has asked the Federal Communications Commission to refrain from regulating the informal interconnection agreements that Google and other providers have developed with Internet service providers like Comcast and Verizon. In a filing with the FCC, Google wrote that "regardless of what the Commission decides with respect to the service Internet access providers offer their end-user customers -- the Commission should not attempt to classify a 'service that broadband providers make available to 'edge providers.'" Google continued, "Should the Commission classify end-user broadband Internet access as a telecommunications service subject to Title II, that classification alone would enable the Commission to ensure that ISPs' interconnection practices are just and reasonable."

Dan Gilbert launches Internet provider Rocket Fiber

Dan Gilbert, founder and chairman of Quicken Loans and Rock Ventures, said he has formed a new "community investment initiative" called Rocket Fiber LLC to provide faster Internet connections in downtown Detroit (MI). The service will be up to 100 times faster than the current residential average, Gilbert said. Construction is already underway on an advanced fiber optic network that will make Internet service available to residents, businesses and local governments in the greater downtown area. Eventually the goal is to expand the service to other parts of the city. Gilbert launched Rocket Fiber in 2014.

FCC Commissioners Ajit Pai and Mike O'Rielly Request Public Release of Internet Regulation Plan and Temporary Delay of Vote

We respectfully request that Federal Communications Commission leadership immediately release the 332-page Internet regulation plan publicly and allow the American people a reasonable period of not less than 30 days to carefully study it. Then, after the FCC reviews the specific input it receives from the American public and makes any modifications to the plan as appropriate, we could proceed to a final vote. With the future of the entire Internet at stake, it is imperative that the FCC get this right. And to do that, we must live up to the highest standards of transparency.

Transparency is particularly important here because the plan in front of us right now is so drastically different than the proposal the FCC adopted and put out for public comment last May. An independent survey found that 79 percent of Americans favored releasing the plan prior to any FCC vote. Transparency and good process shouldn’t be a partisan issue. In 2003, for example, Democratic Commissioners Michael Copps and Jonathan Adelstein called for a delay of the vote on reforming the FCC’s media ownership rules and a public airing of the FCC’s proposal. Their words then echo now: “A public airing would make for better policies. It would make for better buy-in from the American people.” We similarly urge our colleagues to join us and allow the American people to review the proposed Internet regulations before we hold a vote. To do anything less puts at risk the Internet and all of the benefits it brings to the American people.

Benton

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