April 2015

House Members Push For NCTC Program Access Rights

A bipartisan quartet of House Communications Subcommittee members is pressing the Federal Communications Commission to grant the National Cable Television Cooperative access to the program access rules that are available to individual program distributors, correcting what they called an "oversight" in the implementation of the will of Congress. That “will” was the 1992 Cable Act directive that multichannel video programming distributors (payTV) and buying groups, "without qualification," were to be protected from discriminatory treatment by cable-affiliated programmers, said the legislators in a letter to FCC Chairman Tom Wheeler. NCTC is a nonprofit consortium of smaller cable operators that negotiates program carriage deals as a group in order to get volume discounts.

Currently the FCC's definition of a buying group excludes NCTC. The American Cable Association initially asked for a declaratory ruling that programming buying groups -- specifically the National Cable Television Cooperative -- qualify for program-access protections. The FCC in 2012 tentatively concluded that should be the case -- the FCC proposed changing the definition in a notice that accompanied its order sunsetting the ban on exclusive contracts between distributors and their co-owned networks, but has taken no action on a final order.

Bright House, Comcast Offer Free Calls to Nepal

Bright House Networks joined Time Warner Cable in offering home phone subscribers the ability to call friends and family in Nepal for free through the end of May in response to the earthquake that rocked Nepal. Those free calls to Nepal will be retroactive to Saturday, April 25 and continue through May 31, Bright House said, noting that customers placing direct calls there during the period will be issued a credit on their Home Phone account. Credits for all calls made during the program time period will appear on customer accounts in June 2015. Calls to operators or directory assistance are not direct dial calls, so these will be charged at the usual rate, the company said. Comcast also announced that it is providing free calls to Nepal, also between April 25 through May 31.

Cablevision is bringing Hulu to its cable boxes

Pretty soon, Cablevision customers won't need a set-top box or any extra hardware to stream Hulu. The company has signed an agreement with Hulu that will make it the first cable provider to distribute Hulu directly. It'll be the same Hulu Plus experience you've seen on Roku, Apple TV, and game consoles -- but you'll tune to it directly from Cablevision's remote. "Even with the rapid growth in streaming, there is a huge audience that consumes television through their cable provider, and we want to be there for them too," said Tim Connolly, Hulu's president of distribution. Specific pricing and availability information will be announced later. For Cablevision, this is the latest move in its campaign to appeal to cord cutters.

Survey: Most Americans Just Not That Into Uncle Sam's Digital Services

Less than half of American adults who use the Internet at least once a week want the federal government to dive deeper into digital service delivery, according to a Forrester Research study. 2014 saw the launch of both two government tech teams designed to help agencies whip their digital offerings into shape, the General Services Administration's 18F team and the US Digital Service. In 2016, the White House plans to devote tens of millions of dollars more to digital services, according to the report.

In other words, the federal government has clearly caught the digital bug. Still, the survey is clear, the public remains fairly uninterested in federal digital services -- at least so far. “Despite the administration’s success in improving both the quantity and the quality of digital experiences, the public’s interest remains only lukewarm,” the study stated. The survey polled over 4,500 American adults. When asked how respondents interact with federal agencies, 40 percent cited in-person visits to an agency's branch location -- the same number that cited visiting an agency website. Just 20 percent of respondents said they communicated with agencies via email, according to the survey.

Facebook's login system is being hijacked by China's Great Firewall

For the last three days, China's Great Firewall has been intercepting the Javascript module from Facebook Login, which allows third-party sites to authorize users through Facebook infrastructure. First reported on April 26, the attack causes sites using Facebook Login to redirect to a third-party page for many web users in China. "This behavior is occurring locally and beyond the reach of our servers," a Facebook spokesperson said. "We are investigating the situation." Because the code is intercepted within China's national telecommunications infrastructure, only users located in China (and accessing the web without a VPN) will be affected.

The attack can also be avoided by disabling Javascript, since the inserted code runs as a Javascript applet. Readers in China have confirmed that the redirection attack was still under way as of April 28. Local media in Beijing has also reported on the problem. The Great Firewall began intercepting the Facebook Login applet, replacing it with a new single-line redirection code from two third-party sites. The result is that, for non-VPN users in China, any page with a Facebook Login button has been redirecting to two sites: wpkg.org or ptraveler.com, an open-source software project and a personal travel blog respectively. It's unclear why the Chinese government would want to send users to these sites, although ptraveler.com seems to have been brought down by the flood of traffic.

How the Chinese Web Came to Believe the CIA Tried to Assassinate Edward Snowden

It’s official, at least according to Chinese authorities: Officers for the People’s Liberation Army (PLA) did not kill several CIA agents sent to Macau and Hong Kong to assassinate National Security Agency whistleblower Edward Snowden. Wait, what? Over the last year or so -- it’s difficult to date the rumor’s exact beginning -- a segment of the Chinese Internet has been trying to figure out why in March 2014 China’s military bestowed a top honor on a group of special forces soldiers stationed in Macau in peacetime. And so one of the more popular explanations is that this group of soldiers earned the honor by dispatching a group of CIA operatives sent to kill the world’s most famous whistleblower. The Chinese Internet -- particularly its military forums, powered by a relatively small but dedicated and paranoid coterie of fanboys -- is no stranger to rumors and conspiracy theories.

The Snowden assassination story, along with its Macau connection, is merely one of its gems, and it showcases the Chinese media’s willingness to traffic in unsourced reports and unnamed (and perhaps nonexistent) sources and to cater to the worst instincts of China’s reading public. Now, what was once a rumor has risen to the level that Chinese security officials are batting down the report. In a widely syndicated article published April 27, the investigative outlet Southern Metropolis Daily reported that it reached out to security officials in Macau who said that after investigating the matter and verifying with the PLA’s Macau unit, the reports are “absolutely” not true. The rumor’s eventual jump from the seedy edges of the Internet to the pages of a major online outlet like Phoenix showcases the Chinese media’s unfortunate aversion to proper sourcing. Neither the article repeating the rumors -- nor the story debunking it -- give proper names, dates, or web links for the individuals or articles cited. That makes it much harder for readers to sniff out nonsense and it allows the story to spread. So with facts having long ago been tossed out the window, the story of Snowden’s attempted assassination in Macau has now become a parable for how what you find online only confirms what you already know.

Broadband Opportunity Council Seeks Comment on Ways to Further Expand and Promote Broadband Deployment, Adoption and Competition

President Barack Obama's interagency Broadband Opportunity Council (BOC) announced it is seeking public comment on how federal agencies can promote broadband deployment, adoption and competition. In a request for comment (RFC), the Departments of Agriculture and Commerce -- which are co-chairing the BOC -- are asking the public for input in helping to identify regulations and other barriers that are hampering deployment of broadband. The RFC also is seeking recommendations on ways to promote public and private investment in broadband and get a better understanding of the challenges facing areas that lack access to broadband. The Council, which is made up of 25 federal agencies, was established by a March 23 Presidential Memorandum to develop a framework of recommendations to explore ways to remove unnecessary regulatory and policy barriers, incentivize investment, and align funding polices and decisions to support broadband access and adoption. Specifically, the RFC seeks comment on such questions as:

How can the federal government best promote coordination and use of federally-funded broadband assets?
What regulatory barriers exist within the agencies of the Executive Branch to the deployment of broadband infrastructure?
Are there specific regulations within the agencies of the Executive Branch that impede or restrict competition for broadband service?
How can communities and regions incentivize service providers to offer broadband services, either wired or wireless, in rural and remote areas?
What can the federal government do to make it easier for state, local, and tribal governments or organizations to access funding for broadband?

The deadline for submitting comments is June 10, 2015.

Yes, the Comcast-Time Warner deal collapsed, but Big Cable still has plenty of friends in Washington

[Commentary] I’ve maintained since the day the proposed Comcast-Time Warner deal was announced that combining America’s two largest cable providers would have been an anti-competitive, anti-consumer and anti-democracy. Despite my concerns, most industry watchers anticipated the Federal Communications Commission would allow the merger. Why? Because too often, Big Cable and Big Telecom call their own shots. They donate heavily to politicians in both parties, and the FCC has historically done their bidding. Now, consumers and their allies in a coalition of reform organizations are largely responsible for putting the brakes on the Comcast-TWC deal. They’ve demonstrated that even in this era when big money and powerful corporations wield such outrageous power, genuine grassroots concern can still win out. It turns out that everyday citizens do care about communications policy and can still make good things happen. I wish we could say the same about the majority in Congress.

Unfortunately, Capitol Hill is awash with lawmakers who have built their careers around fealty to corporate interests and irrational antipathy to those charged with protecting the public interest. Just as the FCC -- often rightly charged in the past with being captured by the businesses it’s supposed to regulate -- seems at long last to be getting serious about its public interest responsibilities, many in Congress seem disconnected from their constituents and in thrall of their Big Cable and Big Telecom benefactors. There’s a serious disconnect between too many members of Congress and the folks they’re supposed to be representing. Comcast’s withdrawal of the merger plan is wonderful news for consumers concerned about the abysmal state of competition and customer service in cable and broadband, and for citizens who have had enough of gatekeeping and consolidation in the communications infrastructure on which our civic dialogue and our democracy so heavily depend. Too bad too many in Congress are still so in thrall to the status quo.

[Michael Copps is a former commissioner of the Federal Communications Commission. He serves as the special adviser to the Media & Democracy Reform Initiative at Common Cause and is a contributor the Benton Foundation's Digital Beat Blog]

Time Warner Cable Adviser Contacted Cox Communications

Apparently, an investment-banking adviser close to Time Warner Cable contacted Cox Communications in recent days to discuss the possibility of a combination of the two cable companies. New York-based Time Warner Cable, the second-largest US cable operator, is back in the spotlight after its $45 billion deal with Comcast fell apart. Apparently, Cox received an overture from the adviser close to Time Warner Cable, but Cox didn’t show interest. Time Warner Cable didn’t authorize the approach. A Time Warner Cable spokesman said the company didn’t contact Cox, after a report by The Wall Street Journal that it did. A Cox spokesman said in a statement, “We’ve been clear we’re not for sale, and we’ll continue to explore any potential growth opportunities that align with our business objectives.” The last time Time Warner Cable was in play, Cox considered the possibility of jumping into the fray, but eventually decided not to go forward with an offer.

Google tries to win EU friends with €150 million Digital News Initiative fund

Google has announced the Digital News Initiative, “a partnership between Google and news publishers in Europe to support high quality journalism through technology and innovation,” which sees it working with eight European news organizations to help with product development and putting €150 million into a three-year “innovation fund.” This evident attempt by Google to mend its bridges with the European news publishing industry comes in the wake of years of complaints about the effects of Google's services on traditional newspapers, and against a background of the European Commission's antitrust investigation into Google's search and Android businesses, with the threat that it could be widened to include other services.

Carlo D'Asaro Biondo, Google's European president of strategic partnerships, admitted that the company's relationship with newspapers had been difficult, and that sometimes Google was to blame: “I firmly believe that Google has always wanted to be a friend and partner to the news industry, but I also accept we’ve made some mistakes along the way.” In an attempt to win over European news publishers -- and perhaps to minimize future complaints to the European Commission -- D'Asaro Biondo laid out Google's plans for the new Digital News Initiative. One strand involves helping European news publishers with product development: “We will create a publishers’ working group from across Europe to explore product developments aimed at increasing revenue, traffic and audience engagement.” Google will also increase its investment in training and research. Finally, it will create a €150 million (~$167 million) fund with the goal of “stimulating and supporting innovation in digital journalism within the news industry in Europe, over the next three years.” This is perhaps the most obvious part of Google's plan to spread some money around in an attempt to win over the European newspapers publishers, whether large or small: “Anyone working on innovation in online news in Europe will be able to apply, including national and regional publishers, new players and pure players.”