May 2015

FCC Grants NAB, ACA Emergency Info Waiver Requests

With the deadline hard approaching at the end of the day May 26, the Federal Communications Commission has granted various waiver requests from the National Association of Broadcasters and American Cable Association from the FCC's implementation of rules requiring emergency information provided visually during non-newscast programming be accessible audibly to the sight-impaired via a secondary audio channel. Broadcasters got an extra six months of the May 26 compliance deadline, and a carve-out from the requirement for audio descriptions of maps and other non-textual graphics, but only for 18 months. The FCC also granted NAB's request that it not have to include audio descriptions of running school closure textual crawls.

"The record created in response to the NAB Petition shows that the technical solutions necessary for broadcasters to aurally transcribe emergency information text crawls on the secondary audio stream were not developed and brought to market in time for broadcasters to test and implement these solutions by the current May 26, 2015 compliance deadline," the FCC's Media Bureau said in granting the extension of the deadline until Nov 30, 2015. “NAB is pleased with the six-month extension granted by the FCC," said association spokesman Dennis Wharton. "We worked closely with the visually impaired community to persuasively demonstrate that many stations would be unable to comply with the May start date due to technical reasons beyond broadcasters’ control. We look forward to complying with the new deadline by Nov 30.”

Broadband industry vexed by looming regulations

Broadband industry officials say they’re baffled by federal guidance on privacy restrictions they must follow under forthcoming network neutrality rules, calling a recent government missive “stunningly unhelpful” and suggesting it was designed to combat legal challenges to the sweeping regulations. The Federal Communications Commission notice -- an advisory issued by the agency’s Enforcement Bureau -- addresses privacy rules that broadband providers will be subject to when the net neutrality order takes effect on June 12.

The agency contends that the advisory was aimed at explaining what companies should do in the interim period before they have formal rules to follow. But some industry representatives say it seems to create a line in the sand -- without saying where that line lies. “I’m hesitating because we just found it stunningly unhelpful,” said one telecommunications lawyer who represents a client opposed to the net neutrality order. “The main directive of that notice said that providers should act in good faith and observe the core tenants of privacy policy,” the lawyer said. “And, you know, they’re sort of oblivious to the fact that for years now there’s been this ongoing debate and discussion in Washington and throughout the country on what does privacy mean, what are the core tenants of privacy. And to come out and say, ‘well just do that,’ it’s just laughable.”

USTelecom Takes FCC Side in One Net Neutrality challenge

USTelecom, which has challenged the Federal Communications Commission's justification for new open Internet rules, has asked a federal Court for permission to weigh in in support of the FCC. Specifically, the trade group, which represents telecommunication company Internet service providers, has asked permission of the US Court of Appeals for the District of Columbia to intervene on behalf of the FCC in the single challenge of the FCC's Title II-based rules by Full Service Network, which argues the FCC was not regulatory enough."Unlike all of the other petitioners that have filed petitions to date, these Petitioners intend to argue that the FCC should have imposed even more regulation on providers of broadband Internet access service, including USTelecom’s member companies," it told the court in explaining why it would be taking the FCC's side. If it got intervenor status, it could file a brief arguing why the FCC should not have imposed more regulations than it did. USTelecom made it clear it was only siding with the FCC against the call for more regulations, not against any of the other petitions -- like its own -- that have been filed against Title II as an over, not under, reach.

Charter Pushes for More Reserve Spectrum

Charter Communications had more than the proposed Time Warner Cable deal on its mind, urging the Federal Communications Commission to make plenty of low-band spectrum available in the broadcast incentive forward auction to competitors to AT&T and Verizon. The FCC has proposed reserving 30 MHz of spectrum in the auction for competitive carriers, but Charter says it should be 40 MHz, which would allow for two potential competitors--20 MHz is needed for each of those. Charter agrees that the FCC should put some of the best "category 1" spectrum -- the least impaired by potential interference from TV stations repacked in nearby spectrum -- in the reserve, but also argues the FCC should include some of the second-best, rather than have no reserve where there are no essentially unencumbered (category 1) licenses.

"The Commission proposes to place Category 1 licenses (i.e., licenses with impairments that affect zero to 15 percent of the population) in the reserve, but not to place any Category 2 licenses (i.e., licenses with impairments that affect greater than 15 percent but less than or equal to 50 percent of the population) in the reserve," Charter said in a letter to the FCC about the upcoming incentive auction. "This proposal would effectively eliminate the reserve and foreclose bidding by competitive carriers in areas where there are no Category 1 licenses -- undermining the commission’s goal of using the reserve to advance competition and investment.Therefore, Charter urges the Commission to instead place the least impaired Category 2 licenses in the reserve in areas where there are no Category1 licenses rather than eliminating the reserve."

Charter Customers Say Bigger Isn’t Likely to Mean Better

“Maybe it will go from an F-minus to an F.” So predicted Terence Allen of Atlanta (GA), a longtime Charter Communications subscriber, upon hearing that many long-suffering Time Warner Cable customers were crossing their fingers that Charter’s acquisition of their cable provider could lead to better service. Allen, who has had no cable option but Charter in his neighborhood for the last 15 years, was echoing (in rather more pronounced terms) a sentiment voiced by a number of analysts, consumer advocates and brand watchers: For Time Warner Cable subscribers, “not quite as bad” may be about as good as they can get with this deal. Charter’s announcement that it had agreed to buy its larger rival Time Warner Cable for $56 billion cheered Wall Street, and observers predicted that some of the regulatory hurdles that led to the demise of the Comcast-Time Warner Cable deal in April were not as likely to be a problem this time. But for customers frustrated with screen freeze, unresponsive remote controls, uneven speeds, slurring and skipping over dialogue, and the elusive quest to get a real person on the phone when there is a problem, the effect may be negligible.

Charter Communications to offer Dodgers TV channel

Charter Communications plans to soon begin offering the Los Angeles Dodgers TV channel, SportsNet LA, in Southern California, breaking the year-long impasse that has prevented thousands of baseball fans from watching their favorite team on TV. "We are going to get the Dodgers on," Charter Communications Chief Executive Tom Rutledge said. "We want the Dodgers on every outlet and we are committed to making that happen," Rutledge said. Rutledge's company announced its $56.7-billion takeover of Time Warner Cable, which has been the only major distributor in Southern California to carry SportsNet LA since it launched at the start of the 2014 baseball season. For now, Rutledge only has control over his company's decisions, and Charter must wait until after the merger is approved to make more sweeping changes. But the move is significant. Until now, Charter has been one of several pay-TV companies that has refused to carry SportsNet LA, which is owned by the Dodgers. The move does not guarantee that DirecTV, AT&T U-Verse, Cox Communications, Dish Network or Verizon will begin offering the channel. But Charter's switch could put pressure on the other providers to pick up the channel.

NY Gov Cuomo Administration Ends 90-Day Rule on Deleting State Workers’ E-mail

After widespread criticism, Gov Andrew M. Cuomo’s (D-NY) administration ended a policy of automatically deleting New York State employees’ e-mails after 90 days. Moving forward, e-mail deletion will be “entirely manual,” said Alphonso B. David, the governor’s counsel. The decision was a rare reversal for an administration that is generally not inclined to concede in response to criticism. The deletion policy attracted condemnation over the winter, with government watchdog groups and some lawmakers arguing that the speedy deletion of e-mails destroyed public records and undermined transparency. Though the state had adopted the policy for state agencies in 2013, it came under particular scrutiny this year as the state finished rolling out a centralized e-mail system and applied the policy in a consistent manner. The outcry reached a high point in March, with several lawmakers unveiling legislation to require the preservation of e-mails. Gov Cuomo’s administration has long had a reputation for secrecy, and the deletion policy only added to that image.

Why Biden is (almost) King of the Internet

President Barack Obama may be the first digital president, but on the Web, his number-two plays second fiddle to no one. Vice President Joe Biden is simultaneously the most intentionally, and unintentionally, funny politician on social media. While it may be a chicken-and-the-egg question to ask which came first, the vice president's office have leveraged his folksy mannerisms and personal quirks to advance specific policy proposals and establish him as an online personality in his own right. After all, he's the anchor of the closest thing the White House has to a podcast: his narrated tales of "Being Biden" chronicle his experience serving as the nation's second-highest officer, whether it's visiting with the University of Delaware's Lady Blue Hens basketball team, spending time with a retired Navy Seal and his dog or swearing in newly-elected senators on Capitol Hill.

Vice President Biden started the Administration's first BuzzFeed channel in March 2014, whose amusing GIFs helped promote enrollment under the Affordable Care Act. A photo of him at age 26, part of a Throwback Thursday appeal for the health care law, generated write-ups in GQ as well as Men's Journal. He talked about climate change on VICE before President Obama did, and tweaked the president for getting a Twitter handle after more than six years in office with the tweet, "Hey @POTUS – Welcome to Twitter. See you around the neighborhood. –vp." Vice President Biden's Instagram account, which he launched a year ago, has featured everything from his too-cool aviator Ray-Bans to his escapades in the Old Executive Office Building with Julia Louis-Dreyfus, have generated a devoted following.

Gigaom.com Acquired by Knowingly Corp

Knowingly Corp, an Austin (TX)-based Internet startup, announced that it has acquired a portion of the assets of Gigaom. These assets include the website, gigaom.com, as well as the content library. At the helm of Knowingly Corp is tech entrepreneur and author Byron Reese, who describes Gigaom as, “second to none in what it does.” He adds, “We are excited to be a chapter of the Gigaom story and look forward to continuing its mission of ‘humanizing the impact of technology.’” “We live at what I believe is the great turning point of all of human history, and that is being driven in large part by the technologies we are creating. This new world we are making will not just be more prosperous, but it will be more fair and more just than any time in the past,” says Reese, echoing the theme of his book, Infinite Progress: How the Internet and technology will end ignorance, disease, poverty, hunger and war. He adds, “Gigaom will continue documenting this transformation and the technologies which are driving it.”
Knowingly plans to relaunch the site on August 15, 2015

ComScore: Google, Facebook Are Most Popular Online Video Sites

Some 191 million Americans used their desktop computers to watch online video in April, according to comScore’s latest Video Metrix report. Led by YouTube, Google sites continue to rank as the top video content property, attracting 152.8 million unique viewers in April. Facebook maintained its hold on the #2 spot, drawing in 83.5 million viewers. Yahoo sites followed in third with 55.4 million. Maker Studios came in at the #4 position and VEVO #5 with 43.7 million and 43.1 million unique viewers respectively.

Turning to online video advertising, comScore’s latest Video Metrix report ranks BrightRoll Platform on top, serving 51.9 percent of the US population as of end-April. Specific Media ranked second with a population reach of 37.8 percent, with LiveRail ranking third at 33.2 percent. Rounding out the top five in online video ads, Google sites ended April with a 31.9 percent population reach while AOL ended last month with a population reach of 30.1 percent. Further along the online video value chain Disney/Maker Studios rose to retake the #1 ranking among YouTube partner entertainment channels, attracting 43.2 million unique viewers in April. VEVO ranked #2 with 42.6 million, while QuizGroup ranked third with 27.8 million. Warner ranked fourth, attracting 27.5 million unique viewers, and Machinima fifth with 26.9 million.