June 2015

Sorry, Wrong Number, Now Pay Up

[Commentary] None of us relishes intrusive calls from telemarketers. But if the Federal Communications Commission votes as Chairman Wheeler portends, it will drive another unnecessary wedge between corporations and the people they serve. This was not what Congress intended when nearly 25 years ago it acted to shield people from unwanted telemarketing calls. If there is any discomfiture with the Telephone Consumer Protection Act —and there should be—it is because class-action lawyers have turned a law meant to serve consumers into a law that serves them. The FCC has the authority, and the responsibility, to end this burden on businesses large and small.

[Hoffman is the founder and chairman of Business in the Public Interest]

EU’s Margrethe Vestager hits out against telecoms consolidation

Margrethe Vestager, European Union competition commissioner, has thrown down a marker of her intent to curtail consolidation in Europe’s telecoms industry by dismissing suggestions that a wave of big mergers is needed to boost investment. She has expressed particular concern about countries where the number of operators was dropping from four to three, and in a combative speech shot down the main argument used by the companies to justify such tie-ups.

“Incumbent operators argue that if they cannot merge with their rivals in the same country they will be unable to increase their investment. I’ve heard this claim quite often, but I have not seen evidence that this is the case,” she said in a speech in Paris. “Instead, there is ample evidence that excessive consolidation may lead not only to less competition and more expensive bills for consumers, but that it also reduces the incentives in national markets to innovate.” A harder line on telecoms mergers would represent a volte-face by Brussels. Under the previous administration, a number of deals in Germany, Austria and Ireland were approved, albeit with some concessions intended to stimulate competition.

Young people switch off television news in increasing numbers

Millions of young people have switched off television news bulletins, and turned instead to online sources, according to a survey of the news industry in several major markets.

The shift raises questions about the business models of broadcasters such as CNN, MSNBC and Sky News, and underlines the growing importance of Facebook and others as the gateways to content. “Not only do young people prefer online, our data show that a significant proportion are abandoning television news completely,” concluded the report from the Reuters Institute for the Study of Journalism at the University of Oxford. The US saw one of the biggest shifts: the proportion of under-35s who said they watched a TV news bulletin in the past week dropped from 37 percent in 2013 to 24 percent in 2015.

Data exposed in breaches can follow people forever. The protections offered in their wake don’t.

In the wake of the Office of Personnel Management data breach, the agency is offering 18 months of free credit monitoring and identity theft insurance -- in line with offers that typically follow a company in the private sector. But increasingly, privacy experts say, that monitoring is not enough. The OPM breach, which was disclosed earlier in June, may have exposed the Social Security numbers, dates of birth, and addresses of workers along with information typically found in personnel files, according to the government.

On June 12, OPM said it had determined, with "a high degree of confidence,” that systems containing information related to the background investigations of “current, former and prospective” federal employees were breached. That's the kind of information that could be used for identity theft and to set up fraudulent lines of credit. But monitoring services typically focus on detecting those types of problems once they've already occurred rather than preventing them, according to Ed Mierzwinski, federal consumer program director and senior fellow for US PIRG.

Welcome Communications Security, Reliability and Interoperability Council V Members

The Federal Communications Commission announced that the Communications Security, Reliability and Interoperability Council (or “CSRIC”) has been re-chartered for two more years and also announced the members of the new CSRIC. CSRIC is a federal advisory committee that provides recommendations to the FCC on actions the Commission can take to help ensure the security and reliability of communications systems. CSRIC members are a diverse group of expert stakeholders from the public and private sectors.

John Schanz, Executive Vice President and Chief Network Officer for Comcast Cable, will be the Chair of the CSRIC, and we are very happy that he will be steering this effort. Schanz, one of the nation’s leaders in securing commercial communications networks, brings invaluable expertise to this role at a time when both the challenges and opportunities presented by evolving technologies are greater than ever. CSRIC V, named so because this is the fifth re-chartering of the council, will hold its first public meeting on June 24.

Bush 3.0: Jeb’s Impending Battle With the Media -- And His Last Name

Jeb Bush announced his presidential run, the latest high-profile Republican to join an increasingly large field of conservatives looking to break the Democrats’ eight-year control of the White House. But as the media will continually remind him, the former Florida governor faces a challenger none of his foes will have to confront. “I believe the media coverage, first and foremost, will focus on the last name,” said Ron Christie, former special assistant to President George W. Bush. “If his last name was Jeb Smith, I think there’d be a lot more excitement and a lot more buzz about his candidacy. But given that his last name is Bush … he’s going to have a very tight rope to walk to be seen as his own man … which is going to be really, really difficult for him to do.”

On whether Hillary or Jeb will face the bigger media millstone, one expert points to the historical records. “The public tends to associate Bill Clinton with prosperity and W. with hard economic times,” said Mark Feldstein, professor of broadcast journalism at University of Maryland. “George W. Bush still remains a real albatross around Jeb’s neck and that’s probably not going to change hugely. And yet he doesn’t want to lose those supporters or be disrespectful to his brother.”

Cogent Holding Off On Net Neutrality Complaints -- for Now

Transit provider Cogent said it has not yet filed any interconnection-related network neutrality complaints and is still trying to negotiate with the remaining, "offending," Internet service providers, though its CEO signaled those negotiations have improved since the Federal Communications Commission signaled its new rules would include interconnection. Cogent is one of the companies -- Netflix is another -- that cable operators are expecting could file complaints under the new network neutrality rules, which went into effect June 12 and, for the first time, included interconnections issues as potential net neutrality violations.

Initially, FCC Chairman Tom Wheeler had signaled that middle-mile interconnection issues were separate from those involving the customer-facing, last-mile ISP connections, but that changed last fall along with the original plan not to reclassify ISPs under Title II common-carrier regulations. Cogent had signaled it could be filing complaints once the new rules went into effect, and still could. But Cogent CEO Dave Schaefer said that the FCC's order, adopted back in February, had accelerated interconnection agreement talks -- Verizon Communications and AT&T have both struck deals Cogent was happy with, and that negotiations with Comcast, Time Warner Cable and CenturyLink were ongoing.

The Game’s On Cable

[Commentary] With all of the momentum the over-the-top services have gained over the past year in siphoning viewers away from the traditional cable bundle, arguably the biggest advantage a pay TV subscription still holds over Netflix and Hulu is access to major live sports programming. The mass appeal of live, televised sports is clearly evident in the ratings it generated through the first six months of 2015.

In June, ABC’s coverage of the Golden State Warriors-Cleveland Cavaliers NBA Finals series is on pace to be the most watched finals in more than a decade. NBC’s telecast last week of Game 2 of the highly competitive and entertaining Chicago Blackhawks-Tampa Bay Lightning Stanley Cup Final was the second-most-watched NHL championship-round game ever, averaging 6.6 million viewers. So far, major OTT services Netflix, Hulu and Amazon have not looked to step into the live sports ring, tying sports fans mostly to the traditional cable bundle to watch national and local sports events. A traditional pay TV subscription remains the best ticket to access the biggest live sports content across multiple platforms.

T-Mobile's Magenta Herring

[Commentary] The ever colorful tweets from T-Mobile CEO John Legere made for interesting reading after his DC tour in support of T-Mobile’s quest to expand the 600 MHz spectrum reserve. T-Mobile has long alleged that an expanded reserve is essential to competition in rural America. But, the fact is that the reserve framework will have very little impact on wireless service or deployment in rural America. In many rural areas, AT&T’s low-band portfolio is simply not sufficient to trigger the auction restrictions so our bidding in most rural areas will not be restricted, regardless of the size of the reserve. What the restrictions are actually designed to do is protect T-Mobile from bidding competition in urban markets - even though T-Mobile itself argues that 92 percent of non-rural Americans have access to four or more mobile broadband providers. Only 40 percent of rural Americans, T-Mobile argues, enjoy the same and thus T-Mobile tries to build a case for expanding the restrictions to support deployment in rural America.

T-Mobile is misleading policymakers when it advocates for a bigger spectrum set aside in the name of rural competition. Instead of falling for that magenta herring, policymakers should be inviting all bidders to compete for rural licenses that come with stringent build requirements. That would ensure that the spectrum goes to the bidders most likely to make the capital commitments necessary to deploy rural services. That approach would be a far better and more direct way of encouraging broadband deployment in rural America.

Vote on the DOTCOM Act

House Commerce Committee
Opening statements only -- Tuesday, June 16, 2015 at 5pm
Vote -- Wednesday, June 17, 2015 at 10 am
http://energycommerce.house.gov/markup/full-committee-vote-dotcom-act