May 2015

FCC Seeks Comment on the State of Mobile Wireless Competition

The Federal Communications Commission seeks input on competition in the mobile wireless marketplace for the Federal Communications Commission's Eighteenth Annual Report on the State of Competition in Mobile Wireless, including Commercial Mobile Radio Services. The Wireless Telecommunications Bureau seeks to update the information and metrics used in the Seventeenth Report, as well as enhance the FCC's analysis of competition in the mobile wireless marketplace for the Eighteenth Report.

This Notice seeks comment and information on competitive dynamics within the mobile wireless marketplace, for example, with respect to the number of subscribers and financial indicators such as revenue or profitability. In addition, we seek comment and information on overall industry metrics such as coverage, including by spectrum band, technology, geography, and demographics. We also seek comment and information on upstream (e.g., spectrum) segments as well as on consumer behavior with respect to mobile wireless services, including consumer usage, handsets, mobile applications, and intermodal developments such as mobile-wireline substitution. Further, we seek comment and information on pricing levels and trends and other non-price factors on which service providers compete, as well as on performance metrics for mobile broadband networks, such as speed and latency, including the methodologies used for assessment. Finally, we also ask parties to comment on whether the metrics provided in the Seventeenth Report were sufficient for analyzing competition in the mobile wireless marketplace in a useful and timely manner, or whether any changes should be made for the metrics included in the Eighteenth Report.

Fox Returns To Obamaphone Myth Weeks After President Obama Mocked Them For It

Fox News continued its crusade against the Reagan-era affordable telephone service program for low-income Americans, which the network derisively refers to as "Obamaphones," with a misleading segment suggesting that the program has "runaway costs" and traps low-income Americans in poverty.

On the May 29 edition of Fox & Friends, co-host Tucker Carlson and Fox Business host Charles Payne attacked the broadband proposal and claimed that the Lifeline telephone service system was "radically expanded" during the Obama Administration leading to so-called "runaway costs" and fraud. Payne, who tweeted prior to his appearance that the Lifeline program was tantamount to "further enslavement of the 'poor'," complained on-air that the subsidy was "yet another program that's going to make it really hard for people to get off the sofa" through "the transfer of wealth from the middle class to people of a little bit lower class." Finally, Payne insisted that the expansion of broadband access to low-income Americans delivers the message to "the people who are on the lower levels of the economic rung, we are actually saying to them 'you can't make it but we'll feather the nest a little bit more'":

ACA Backs Easing Ability to Rebut New Presumption

The American Cable Association has been a strong supporter of the Federal Communications Commission's proposal to assume cable operators are subject to local market competition on the video side unless proved otherwise, but they are also supportive of the making it easier for franchisees to rebut that new presumption.

FCC Chairman Tom Wheeler has circulated a proposal to reverse the current presumption that cable operators are not subject to effective competition given that the FCC has granted all such petitions, either in whole or in part, since 2013. Granting such petitions frees cable operators from under basic tier rate regulation. In a meeting with FCC officials on May 28, ACA senior VP Ross Lieberman emphasized that ACA supports measures that would make it easier for franchise authorities to rebut the proposed new presumption and make sure that "where effective competition can be shown not to exist, local franchising authorities would still be able to regulate cable rates."

Can technology offer solutions to inequality?

[Commentary] America is seeing levels of inequality it hasn't experienced for a century. And if you believe some technologists, that can be addressed with gadgets. But does technology really address inequality? Over the last decade, I've looked hard for ways in which digital devices can help the world's poorest communities. What people got out of technology depended on what wealth, education, and social ties they already had. Technology is powerful, but its power depends on its human users. This is true as much in America as elsewhere.

How can it be that something that benefits so many of us could worsen inequality? The simple answer is that technology helps us in proportion to what we already have. That is to say, digital tools benefit the haves more than the have-nots; they don't add the same, fixed benefit for everyone. Technology is less a bridge, and more a jack -- it widens socio-economic gaps. Cheaper gadgets don't change the fact that rich, powerful people can always afford more. Smart tools don't overcome the advantage of the better-educated. Even when free, technologies don't dispel relative advantages. If inequality is the problem, we need something other than technological solutions.

[Kentaro Toyama is WK Kellogg Associate Professor at the University of Michigan School of Information]

Some Votes Against Media Merger Mania

Mergers are top of mind in the TV business today, but completing potential deals will not be easy. Analyst Rich Greenfield of BTIG Research doesn't think the big cable merger now on the table will pass muster with government regulators. Comcast withdrew its offer for Time Warner Cable because it couldn't overcome regulatory concerns about broadband concentration, but Charter Communications, which is looking to buy TWC and Bright House, thinks it has a better chance partly because it's smaller than Comcast.

"Given the FCC's public statements and thinking through how the Department of Justice will look at market concentration, we have a very hard time seeing how the government will allow Charter, Time Warner and Bright House to join together," says Greenfield. If somehow Charter convinces the government to give the deal a go ahead, Greenfield foresees conditions being put on the combined company. One is that the new bigger Charter must agree to accept network neutrality and reclassification as a Title II carrier as part of its deal. Regulators might also require the cable giants to overbuild one another to create competition for consumers. Greenfield thinks it unlikely that Charter would accept such a condition.

Answering your questions about endorsements

Let’s start with the fundamentals:

  1. Endorsements must be truthful and not misleading.
  2. If there’s a connection between an endorser and the marketer of the product that would affect how people evaluate the endorsement, disclose it clearly and conspicuously.
  3. If the advertiser doesn’t have proof that an endorser’s experience represents what consumers will achieve by using the product, clearly and conspicuously disclose the generally expected results in those circumstances.

Sound familiar? It should, since those principles form the foundation of how the FTC Act applies to endorsements – and nothing has changed. So what will you find in the updated FAQs?

  • We’ve expanded some topics we touched on the first time around
  • We've taken a deeper dive into forms of promotion that were in their infancy when the Endorsement Guides were revised in 2009
  • A staff take on how the principles of the Endorsement Guides apply to other issues that advertisers are thinking about – affiliate marketing, “like” buttons, employee endorsements, solicited endorsements, and uploaded videos, to name just a few.

Comcast under fire for possible violations before NBCU purchase

Federal regulators are weighing taking action against Comcast for allegedly violating 2011 agreements that enabled the cable company to buy NBCUniversal. Apparently, the allegations were made during the public comment period of the review of Comcast’s now defunct plan to acquire Time Warner Cable and officials at both the Federal Communications Commission and Justice Department have spent the past few weeks sifting through those claims. In some instances, Comcast agreed not to take certain actions, like interfere in another company’s actions -- and Comcast agreed to support certain initiatives, sources said. “They’re siting on a ton of potential evidence,” one source close to the process, explained. “They’re asking themselves if they can create a separate proceeding or whether they need a new complaint to allow [the evidence] to be introduced.” Alleged complaints being parsed by regulators include:

  • Comcast tied linear programming negotiations with digital deals -- forcing programmers to sell to Comcast digital rights to their content on the same or better terms than they sold it to other online video distributors -- when they promised not to.
  •  Some minority-focused channels complained they were given carriage deals on Comcast systems but that they were not made widely available enough to support a real business.
  • NBCUniversal’s just-announced deal to use Comcast set-top box data to help it win advertising creates an uneven playing field.
  •  Comcast’s alleged comments that Hulu, which it co-owns, should not be sold by its other owners -- 21st Century Fox and Disney -- allegedly broke an agreement not to interfere with the running of the digital video service.

Republicans Attack FCC Plan to Pay for Internet Access for the Poor

Just months after enacting fiercely controversial network neutrality rules, the Federal Communications Commission is wading into a new political battle by unveiling a plan to subsidize Internet access for millions of poor Americans. House and Senate Republicans blasted the plan, warning that it would waste more federal money. The plan from FCC Chairman Tom Wheeler would expand the agency's Lifeline program, derisively referred to as the "Obamaphone" program by Republicans (despite the fact that it was created during the Reagan administration). Republicans argue that the $1.7 billion program, which currently only subsidizes phone service, has already been plagued by fraud and has been growing out of control.

"Why the FCC wants to expand this program before addressing the regular reports of ongoing fraud is beyond me," said Sen David Vitter (R-LA), a longtime critic of the program. "The FCC has failed to manage Lifeline efficiently in its current form, and I cannot support any expansion of a program that has so few safeguards in place to protect the legitimacy of the program and the American taxpayers who pay into it." FCC officials hoped that their plan might be able to win Republican support. While their plan would allow poor consumers to use Lifeline money towards their Internet bills, it wouldn't necessarily increase the overall size of the program, which is funded through fees on all phone bills.

10K websites block Congress in Patriot Act protest

Thousands of websites are blocking Congress’s access to their sites in a show of force to protest the Patriot Act. Led by the online activist group Fight for the Future, more than 10,000 sites have added code that redirects any visitors from Internet protocol (IP) addresses stemming from Congress away from their site and towards a protest page.

“Congress: This is a blackout,” the site reads. “We are blocking your access until you end mass surveillance laws.” Instead of renewing or reforming the three expiring provisions of the Patriot Act, the activist group wants Congress to let then totally expire. “The real answer is to end all authorities used to conduct mass surveillance,” Fight for the Future says on the protest page. “Until you do, thousands of websites have blocked your access, and more are joining every day.”

AT&T wants to choose which online video services count against data caps

AT&T doesn't want any rules preventing it from choosing which online video services count against its customers' data caps. AT&T's "Sponsored Data" program already charges businesses, often in the ad industry, for the right to deliver services without counting against customers' mobile data caps. AT&T could potentially charge online video streaming services for exemptions from the caps imposed on AT&T home broadband subscribers as well or exempt its own online services from caps. Though AT&T doesn't appear to have done this yet, the company asked the Federal Communications Commission to make sure it's allowed to do so.

AT&T's request came after a group of companies and consumer advocacy organizations asked the Federal Communications Commission to prevent AT&T from granting data cap exemptions. "To the extent that AT&T uses usage-based tracking, metering, or billing on its Broadband Internet Access Service, it shall not exempt any video service offered over broadband from such tracking, metering, or billing," said a May 12 filing by Cogent, Dish, Free Press, New America's Open Technology Institute, and Public Knowledge. The groups proposed that the FCC add that text as a condition on AT&T's proposed acquisition of satellite TV provider DirecTV. Separately, Netflix has argued that AT&T could use data caps and usage-based pricing methods to "advantage its own services" and "slow the development" of online video providers that compete against traditional pay-TV.