May 2015

Senate approves new Commerce under secretary

Senators unanimously approved Willie May to be an under secretary for the Department of Commerce. Senators voted 93-0 on May's nomination to be the department's under secretary for standards and technology. May was approved by the Senate Commerce, Science and Transportation Committee in March after being nominated by President Barack Obama in July 2014.

Public Knowledge Files Opposition to Petition for Stay on Net Neutrality

Public Knowledge and other consumer advocacy groups filed an Opposition to the Petition for Stay Pending Judicial Review of Daniel Berninger, Founder of the Voice Communication Exchange Committee. Berninger’s Petition for Stay filed at the Federal Communications Commission requests the agency grant a stay of its landmark network neutrality order, which reclassifies broadband Internet access service under Title II of the Communications Act. A stay would prevent the FCC’s Open Internet Order from taking effect, denying customers the guarantee of an Open Internet while causing uncertainty for companies and consumers alike.

In evaluating a Petition for Stay, the FCC considers: (1) whether Petitioner is likely to succeed on the merits; (2) whether Petitioner will be irreparably injured in the absence of a stay; (3) whether a stay will harm other parties; and (4) whether the public interest supports a stay. Public Knowledge finds that Berninger has failed to show that any of these factors favor the grant of a stay, and so encourage the FCC to deny the Petitioner’s request.

The Internet might transform commuting more than the self-driving car

The technology that most profoundly changes US commuting might not be the self-driving car. It could be the Internet. Already, in many places, traffic engineers see notably reduced congestion on Fridays -- a day when many offices let their workers telecommute from home. "I've spoken with people from the Maryland Department of Transportation, and they say there's no question," says Alan Pisarski, author of the Commuting in America report. "On Fridays, you really see a difference in traffic coming down from the suburbs to DC on I-270." This shift is part of a broader trend: the steady fragmentation of what used to be a relatively uniform pattern of commuting. A few decades ago, the standard commute was for a full-time, 9-to-5 shift. People living in the suburbs mostly drove into the city in the morning and back in the evening. But as more and more people work flexible hours, part-time jobs, or from home, the flood of commuters that used to fill highways during rush hour is becoming a stream that runs intermittently all day. Most suburban commuters, meanwhile, don't drive into the city -- they drive to other suburbs.

FCC Seeks Information on Current Trends in LTE-U and LAA Technology

Parties within the wireless industry are developing a version of commercial wireless LTE technology called LTE-Unlicensed (LTE-U) that is intended for operations in certain unlicensed frequency bands. LTE-U could operate in conjunction with licensed commercial wireless services using a technique called Licensed Assisted Access (LAA) whereby a channel in an operator's licensed spectrum is used as the primary channel for devices operating on an unlicensed basis.

The Office of Engineering and Technology and the Wireless Telecommunications Bureau seek information on these technologies and the techniques they will implement to share spectrum with existing unlicensed operations and technologies such as Wi-Fi that are widely used by the public. The Federal Communications Commission is opening this docket to provide an opportunity for interested parties to enable a fully participatory and transparent discussion about LTE_U and LAA technologies and how they will coexist with other technologies, including Wi-Fi. Interested parties may file comments on or before June 11, 2015, and reply comments on or before June 26, 2015. [ET Docket No. 15-105]

FirstNet Seeks Comment on Proposed Interpretations of Middle Class Tax Relief and Job Creation Act of 2012

The First Responder Network Authority ("FirstNet") publishes this Third Notice to request public comment on certain proposed interpretations of its enabling legislation that will inform, among other things, consultation, forthcoming requests for proposals, interpretive rules, and network policies. This Third Notice responds to comments and further clarifies proposed interpretations related to the definition and scope of the term"public safety entity" as used in FirstNet's enabling legislation and as discussed in a previous FirstNet Notice published on September 24, 2014. With the benefit of the comments received from this Third Notice, FirstNet may proceed to implement these or other interpretations with or without further administrative procedure.

Cable TV industry goes from high to low in a year

It hasn't been a good year for television. That seems clear from 2015's annual convention of the nation's pay-TV industry here. The lofty expectations from 2014's gathering of the National Cable & Telecommunications Association have given way to 2015's anxiety over digital disruption. The most obvious sign? A new name for the massive event -- the Internet and Television Expo -- a nod to the rising threat of online platforms and streaming services. Gone is 2014's buzz about Comcast's audacious $45-billion bid for Time Warner Cable. That deal is dead. The renewed ratings strength at major programming companies such as NBC and Viacom 2014? It's been a struggle. And 21st Century Fox Chairman Rupert Murdoch's play for Time Warner ended up failing.

"It's an interesting time for the cable TV business," said Richard Greenfield, media analyst with BTIG Research. "The chessboard keeps wanting to be reset, but at the same time the business is increasingly threatened by rapid growth of Internet video." Top executives of all the major cable companies, as well as top government regulators, plan to attend the cable convention in Chicago, which begins May 5th and typically draws more than 10,000 attendees. 2015's key topic is expected to be how well the cable industry can weather the digital storm that looms over the landscape. Sluggish ratings at major cable and broadcast networks are giving industry leaders more cause for concern. Conventional media companies have been roiled by consumers' increased use of high-tech devices to watch TV shows and films, and that's led to slumping television ratings.

Senate Judiciary Committee
May 6, 2015
9:30 am
http://www.judiciary.senate.gov/meetings/ensuring-an-informed-citizenry-...

Witnesses
Panel I

Ms. Melanie Ann Pustay
Director
Office of Information Policy, U.S. Department of Justice
Washington , D.C.

Ms. Nikki N. Gramian
Acting Director
Office of Government Information Services, National Archives and Records Administration
College Park , MD

The Honorable Joyce A. Barr
Assistant Secretary
Bureau of Administration, U.S. Department of State
Washington , D.C.

Panel II
Ms. Karen Kaiser
General Counsel
The Associated Press
New York , NY

Mr. Thomas S. Blanton
Director
National Security Archive, The George Washington University
Washington , D.C.



May 5, 2015 (Feliz Cinco de Mayo)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, MAY 5, 2015 (Feliz Cinco de Mayo)

For Headlines updates throughout the day, subscribe to our RSS feed https://www.benton.org/headlines/feed


EMERGENCY COMMUNICATIONS
   FirstNet sets 'Industry Day,' starts taking one-on-one meetings with vendors
   Joint Statement of FCC Chairman Tom Wheeler And Commissioner Ajit Pai Regarding Direct 911 Dialing - press release

INTERNET/BROADBAND/TELECOMMUNICATIONS
   FCC Chairman Wheeler's plan for fighting net neutrality lawsuits: 'not to lose'
   Remarks of FCC’s Gigi Sohn at Moving Forward Toward A Gigabit State - speech
   Facebook’s free Internet for the poor leaves out high-bandwidth sites
   House Judiciary Committee Chairman Goodlatte: Tweaking Antitrust Beats Title II [links to web]
   Zuckerberg blasts ‘extreme definition’ of net neutrality
   The Internet of Everything: Boring, But So Important - John Eger op-ed [links to web]
   New Verizon Deals: Could Peering Disputes Be On the Way Out? [links to web]
   FCC Plans $100,000 Fine Against Simple Network For Failing To Register As A Telecommunications Provider - press release [links to web]

PRIVACY/SECURITY
   Vint Cerf warns about plans for technology ‘back doors’ [links to web]

OWNERSHIP
   Why Media Mega-Mergers Are Bad News for Latinos and Communities of Color - op-ed
   Senate Bill Would Grandfather TV station joint sales agreements

CONTENT
   FCC Allows Pandora to Buy South Dakota Radio Station
   Live streams of copyrighted content pose a threat to cable giants
   Double spammy - FTC press release [links to web]
   Why We Need Federal Legislation To Protect Public Speech Online - ITIF research [links to web]

ELECTION 2016
   President Bernie Sanders Would Dismantle NSA Spying [links to web]
   Former HP CEO Carly Fiorina joins Republican presidential fray [links to web]
   Carly Fiorina really should have bought CarlyFiorina.org [links to web]
   Carly Fiorina's troubling telecom past [links to web]
   Carly Fiorina will run for president as a successful tech CEO. Silicon Valley says that's a fantasy [links to web]
   FCC chairman's pick for next president? Hillary [links to web]

TELEVISION
   NAB: FCC Showing 'Unfounded Favoritism' in Auction [links to web]

JOURNALISM
   Links between TV reporter, prosecutor's office are Ethics 101 example - analysis

COMPANY NEWS
   Comcast's total bill for its attempted TWC buy: $336 Million [links to web]
   Comcast Is Now an Internet Company
   Comcast CEO: Customer Service, Execution Top Priorities [links to web]
   Comcast ‘Comfortable in Our Own Footprint’ [links to web]
   Cablevision Focuses on Connectivity [links to web]
   Cisco CEO John Chambers retires and becomes executive chairman [links to web]

STORIES FROM ABROAD
   Africa’s Mobile-Sun Revolution - Steven Sinofsky/Andreessen Horowitz op-ed [links to web]
   US trade negotiations like TPP should not be secret - San Jose Mercury News editorial [links to web]

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EMERGENCY COMMUNICATIONS

FIRSTNET SETS 'INDUSTRY DAY,' STARTS TALKING ONE-ON-ONE MEETINGS WITH VENDORS
[SOURCE: Fierce, AUTHOR: Monica Alleven]
The First Responder Network Authority (FirstNet) made a couple of significant moves of late, setting May 14 as an "Industry Day" for interested parties to convene and beginning the process of accepting requests for one-on-one meetings with vendors starting May 15. The Industry Day will provide opportunities for interested parties to ask questions and provide feedback to FirstNet. At the event, FirstNet officials will provide an overview of the Special Notice and draft Request for Proposal (RFP) documents that were approved for release by the FirstNet board and posted to the Federal Business Opportunities (FBO) website. "This is a key opportunity for members of the public safety community, the vendor community, and the public to engage in a dialogue with FirstNet about our proposed acquisition approach to deploy the nationwide public safety broadband network (NPSBN)," said FirstNet Acting Executive Director TJ Kennedy in a press release. "We encourage local, state, tribal, and federal agencies, market participants, and the public to participate in this event and in future opportunities to provide direct feedback to FirstNet on acquisition matters affecting the NPSBN."
benton.org/headlines/firstnet-sets-industry-day-starts-taking-one-one-meetings-vendors | Fierce
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JOINT STATEMENT OF FCC CHAIRMAN TOM WHEELER AND COMMISSIONER AJIT PAI REGARDING DIRECT 911 DIALING
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Whenever Americans dial 911, they expect and deserve to reach emergency personnel who can assist them in their time of need. And over the course of the past year, we have seen tremendous progress in ensuring that dialing 91 always works. Facilities across the country have been configuring their multi-line telephone systems so that consumers do not need to dial a "9" or any other access code before dialing 911. We are pleased to announced that the FCC is joining the ranks of those leading on this issue. Beginning in June 2015, the phone system at the FCC's headquarters will be configured so that anyone in the building can reach emergency services by dialing "911". We hope that others in the federal government as well as state and local governments will follow this example. In an emergency, government employees and members of the public that visit government buildings should not have to think about whether an access code is required -- dialing 911 should always work.
benton.org/headlines/joint-statement-fcc-chairman-tom-wheeler-and-commissioner-ajit-pai-regarding-direct-911 | Federal Communications Commission
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INTERNET/BROADBAND

FCC CHAIRMAN WHEELER'S PLAN FOR FIGHTING NET NEUTRALITY LAWSUITS: 'NOT TO LOSE'
[SOURCE: The Verge, AUTHOR: Adi Robertson]
Federal Communications Commission Chairman Tom Wheeler thinks his agency is on firm ground with its new network neutrality rules -- and that Comcast was right to drop its attempts at buying competitor Time Warner Cable. Chairman Wheeler has already said that letting Comcast merge with Time Warner Cable would have posed an "unacceptable risk" to competition, and he made it even clearer that the companies wouldn't have had an easy time getting past regulators. "I think it was a pretty responsible decision by [Comcast CEO] Brian Roberts" to drop the plan, says Chairman Wheeler. "When he said 'it’s time to move on,' I think [that] perfectly encapsulates the reality. Why go and fight this through the courts?" He added that "it would be a long drawn-out process to challenge our decision," especially because the Federal Trade Commission had its own concerns about the deal. The Comcast debate might be over, but the FCC's fight to protect its net neutrality rules is still going. Chairman Wheeler calls his policies, which were approved earlier this year, "the most stringent and expansive open internet rules in history." (For reference, open Internet rules have been around for roughly 10 years.) It's also, based on the record 3.7 million public comments, the most heavily scrutinized decision in history. "That’s why this decision was so damn important," he says, whether those comments were for or against the net neutrality rules. "I think that the bulk of the comments indicated how when you’re talking about the Internet, you’re talking about something very personal to people. And they then used that personal medium of theirs to express themselves. That was what was significant." As for the merits of the case itself, Chairman Wheeler says that the FCC has solved the classification problem that sunk its last rules. "That issue’s gone. That was the big issue last time," he says. "So I feel pretty confident on the outcome of the court cases." Does Chairman Wheeler have a strategy if the rules don't stand up? "Not to lose. That’s the short-term plan."
benton.org/headlines/fcc-chairman-wheelers-plan-fighting-net-neutrality-lawsuits-not-lose | Verge, The
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REMARKS OF FCC'S GIGI SOHN AT MOVING FORWARD TOWARD A GIGABIT STATE
[SOURCE: Federal Communications Commission, AUTHOR: Gigi Sohn]
Today, I want to talk to you about why the leadership at the Federal Communications Commission -- America's broadband agency -- is watching the CTgig Project closely and pulling for its success. CTgig is a big deal because expanding broadband is about expanding opportunity. To seize the opportunities and fully realize the potential of broadband to improve the lives of the American people, broadband networks need to be fast, fair, and open. On those measures, we face significant challenges. That brings me to the main point I want to make today. No matter what the Commission does to spur broadband investment and deployment, there will be communities that are underserved, or even unserved, by the private market. Across America, communities have concluded that existing private sector broadband offerings are not meeting their needs and the only solution is to become directly involved in broadband deployment. Across the country, we see community after community stepping up to write their broadband future. But Connecticut has a unique opportunity to set the pace for the nation. Chairman Wheeler and I applaud your ambition and look forward to working with you to deliver the benefits of broadband to the American people.
benton.org/headlines/remarks-fccs-gigi-sohn-moving-forward-toward-gigabit-state | Federal Communications Commission
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FACEBOOK'S FREE INTERNET FOR THE POOR LEAVES OUT HIGH-BANDWIDTH SITES
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
Facebook announced the Internet.org platform, "an open program for developers to easily create services that integrate with Internet.org." Any developer will be able to build services that can be accessed through Internet.org, but there are limits on what they can offer. Although Facebook's announcement said the goal is to let users "explore the entire Internet," that will not include high-bandwidth services. "Websites that require high-bandwidth will not be included," Facebook wrote. "Services should not use VoIP, video, file transfer, high resolution photos, or high volume of photos." The version of Facebook available on the Internet.org app has the same limitation, as it removes photos and videos. Facebook cofounder and CEO Mark Zuckerberg explained the company's reasoning in an accompanying video. It isn't financially sustainable to offer free access to everything on the Internet, he said. "This program supports itself," he said. "When people use free basic services, more of them then decide to pay to access the broader Internet, and this enables operators to keep offering the basic services for free. It's not sustainable to offer the whole Internet for free, though. It costs tens of billions of dollars a year to run the Internet, and no operator could afford this if everything were free. But it is sustainable to build free basic services that are simpler, use less data, and work on all low-end phones." Developers who build services for the Internet.org platform must optimize them for browsing on both smartphones and basic phones, as well as for "limited bandwidth scenarios." "In addition, websites must be properly integrated with Internet.org to allow zero rating and therefore can’t require JavaScript or SSL/TLS/HTTPS," Facebook said.
benton.org/headlines/facebooks-free-internet-poor-leaves-out-high-bandwidth-sites | Ars Technica
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ZUCKERBERG BLASTS 'EXTREME DEFINITION' OF NET NEUTRALITY
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
Facebook chief executive Mark Zuckerberg argued against an “extreme definition” of network neutrality while announcing the expansion of a program to bring basic Internet service to people around the world. Facebook announced it would open up its internet.org program to any company that wants to join, as long as it meets certain efficiency and technical specifications. “Some may argue for an extreme definition of net neutrality that says that it’s somehow wrong to offer any more services to support the unconnected, but a reasonable definition of net neutrality is more inclusive,” Zuckerberg said in a video announcing the expansion. “Access equals opportunity. Net neutrality should not prevent access.” Pointing out that around 4 billion people are not connected, he added, “It’s not an equal Internet if the majority of people can’t participate.” Facebook points out that websites participating in the program do not pay to be included. “Are we a community that values people and improving people’s lives above all else, or are we a community that puts the intellectual purity of technology above people’s needs?” Zuckerberg asked. Facebook said it has always planned to expand the program. Firms wishing to participate must create features to encourage the exploration of the broader Internet, must remove video and high-resolution photos and meet other specifications.
benton.org/headlines/zuckerberg-blasts-extreme-definition-net-neutrality | Hill, The
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OWNERSHIP

MEGA-MERGERS BAD NEWS FOR COMMUNITIES OF COLOR
[SOURCE: Huffington Post, AUTHOR: Arturo Carmona, Joe Torres]
[Commentary] Comcast's decision to pull the plug on its $45 billion bid to buy Time Warner Cable is a huge victory for the Latino community and communities of color. The merger would have combined the two largest cable providers in the country, giving Comcast unprecedented control over both pay-TV and high-speed Internet access markets. But in the end, approving such a massive media consolidation was unthinkable. As in the network neutrality fight, media justice, public interest and consumer rights advocates deserve tremendous credit for stopping this merger and for making sure the voices of everyday people were heard. For our communities, broadband access is of central importance. Allowing one company to control nearly two-thirds of the U.S. broadband market would have contributed to growing economic and media inequality for Latinos and other communities of color.
[Carmona is Executive Director of Presente Action; Torres is Senior External Affairs Director at Free Press]
benton.org/headlines/why-media-mega-mergers-are-bad-news-latinos-and-communities-color | Huffington Post
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JSA BILL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Sen Roy Blunt (R-MO) introduced a bill that would exempt all television joint sales agreements (JSAs) in effect at the time of the Federal Communications Commission's decision that made most of them attributable as ownership interest. The one-paragraph bill simply says that parties to JSA's in effect on the effective date of the FCC decision (March 31, 2014) "shall not be considered to be in violation of the ownership limitations..." Sens Barbara Mikulski (D-MD), Chuck Schumer (D-NY) and Tim Scott (R-SC) are co-sponsors of the bill.
benton.org/headlines/senate-bill-would-grandfather-tv-station-joint-sales-agreements | Broadcasting&Cable | Sen Blunt | Katy on the Hill
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CONTENT

PANDORA GETS RADIO STATION OK
[SOURCE: New York Times, AUTHOR: Ben Sisario]
The Federal Communications Commission gave Pandora Media permission to buy a small radio station in South Dakota, bringing to an end one of the company’s more contorted fights with the music industry. In June 2013, when Pandora, an Internet radio service, reached a $600,000 deal to buy KXMZ-FM in Rapid City, S.D., the company said that owning a terrestrial station would give it access to industry deals for cheaper songwriting royalties. Pandora, which competes with radio stations for listeners and advertising, has long complained that it pays much more in total royalties than radio stations do. Music industry groups quickly objected to the proposed deal, however, calling Pandora’s move a “stunt.” Ascap, one of the major music licensing agencies, asked the FCC to block the transaction, citing federal laws that prevent companies from acquiring broadcast licenses if more than 25 percent of their shares are owned by foreigners. In its ruling the FCC rejected Ascap’s opposition and said that “it would serve the public interest to permit a widely dispersed group of shareholders” to own shares in Pandora.
benton.org/headlines/fcc-allows-pandora-buy-south-dakota-radio-station | New York Times
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LIVE STREAMS AND PAY TV
[SOURCE: Los Angeles Times, AUTHOR: David Pierson, Paresh Dave]
The "Fight of the Century" has ignited a battle between cable giants and upstart live-streaming apps. The conflict centers on video apps such as Twitter's Periscope and rival Meerkat, which allow smartphone users to instantly broadcast anything to anyone, anywhere. Such apps allowed thousands of users to skip the $100 pay-per-view fee for the bout between Floyd Mayweather Jr. and Manny Pacquiao and watch online for free. That poses a serious threat to cable companies that rely on subscribers ponying up big bucks to watch marquee events. The free-for-all adds one more complication for cable companies already reeling from cord cutters switching to cheaper streaming TV platforms such as Netflix. It also poses problems for sports leagues and any other organization with copyrighted content worth protecting.
benton.org/headlines/live-streams-copyrighted-content-pose-threat-cable-giants | Los Angeles Times
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JOURNALISM

LINKS BETWEEN TV REPORTER, PROSECUTOR'S OFFICE ARE ETHICS 101 EXAMPLE
[SOURCE: Baltimore Sun, AUTHOR: David Zurawik]
[Commentary] The Fraternal Order of Police leveled serious conflict-of-interest charges May 1st against the Baltimore state's attorney's office -- and the local media. Gene Ryan, president of Fraternal Order of Police Lodge 3, wrote in a letter to State's Attorney Marilyn Mosby that he has "very deep concerns about the many conflicts of interest" involving her office prosecuting six officers for the death of Freddie Gray. He asked her to appoint a special prosecutor. The FOP's issues with her marriage to a City Council member or the campaign contributions she received from William H. "Billy" Murphy Jr., a Gray family attorney, are not my concern. But, as media critic, the allegation that the "lead prosecutor's connections with members of the local media" constitute a conflict of interest demands comment. He follows that charge by saying, "Based on several nationally televised interviews, these reporters are likely to be witnesses in any potential litigation regarding this incident." What we do know is that the lead prosecutor in Mosby's office, the official who led the investigation in the Freddie Gray case, is veteran attorney Janice Bledsoe. Bledsoe is in a relationship with WBAL investigative reporter Jayne Miller, one of Baltimore's most experienced and well sourced TV journalists. WBAL should have either kept Miller from reporting on any cases involving Bledsoe or disclosed their relationship every time she did. It's not even a close call. This is Ethics 101, and the station has only itself to blame for getting caught up in the FOP's attack on Mosby's office in one of the biggest cases this city has ever seen.
benton.org/headlines/links-between-tv-reporter-prosecutors-office-are-ethics-101-example | Baltimore Sun
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COMPANY NEWS

COMCAST IS NOW AN INTERNET COMPANY
[SOURCE: Revere Digital, AUTHOR: Peter Kafka]
Comcast, the biggest cable company in the US, is about to become a broadband company --- meaning it has more high-speed Internet subscribers than pay-TV subscribers. In fact, maybe we’re already there. Comcast announced that it ended the first quarter of the year with 22,375,000 cable TV customers, and 22,369,000 broadband customers. That’s a gap of a mere 6,000 subscribers. But those numbers were as of March 31, so perhaps Comcast has already tipped over. In any case, it’s safe to assume that we’ll keep seeing numbers like the ones Comcast recorded -- last quarter it added 407,000 Internet customers and lost 8,000 video customers -- so when Comcast comes out with its new report in three months, it will be a done deal. For now, video creates much more revenue than Internet does for Comcast -- the segments generated $5.3 billion and $3 billion, respectively, last quarter. But Internet is a much higher margin business than video, since you don’t have to pay anyone to program the Internet. In 2014, Comcast spent $9.8 billion on programming, or nearly half of the $20.8 billion it generated from pay-TV subscriptions. (Then again, Comcast creates some of those license fees itself via its NBCUniversal* unit, which generated another $6.6 billion last quarter.)
benton.org/headlines/comcast-now-internet-company | Revere Digital
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Why Media Mega-Mergers Are Bad News for Latinos and Communities of Color

[Commentary] Comcast's decision to pull the plug on its $45 billion bid to buy Time Warner Cable is a huge victory for the Latino community and communities of color.

The merger would have combined the two largest cable providers in the country, giving Comcast unprecedented control over both pay-TV and high-speed Internet access markets. But in the end, approving such a massive media consolidation was unthinkable. As in the network neutrality fight, media justice, public interest and consumer rights advocates deserve tremendous credit for stopping this merger and for making sure the voices of everyday people were heard. For our communities, broadband access is of central importance. Allowing one company to control nearly two-thirds of the U.S. broadband market would have contributed to growing economic and media inequality for Latinos and other communities of color.

[Carmona is Executive Director of Presente Action; Torres is Senior External Affairs Director at Free Press]