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June 2015

Public Knowledge Joins Letter to UN General Assembly to Secure Multistakeholderism

On June 9, Public Knowledge joined civil society organizations from around the world in a letter to the United Nations General Assembly President, Sam Kahamba Kutesa, and Ambassador Lana Nusseibeh and Ambassador Janis Mazeiks, two governmental co-facilitators of the World Summit on Information Society ten-year review (WSIS +10). The letter encourages meaningful, inclusive participation of multistakeholders throughout this preparatory process, culminating in the WSIS+10 UNGA High-Level Event in December 2015.

Carolina Rossini, Vice President of International Policy at Public Knowledge, said, "We encourage the UN General Assembly President to ensure that the preparatory process and the High-Level Event embody the spirit of WSIS and take into account the progress and growing recognition of inclusive approaches to Information Communication Technologies. This step is essential for the later implementation of the WSIS goals and the Sustainable Development Goals post 2015. We believe that only through this secured meaningful multistakeholder participation, fundamental human rights including the rights to expression, information, association, assembly and public participation will be fully integrated into the Post-2015 UN agenda. Development cannot be built without Human Rights.”

Young Vietnamese Increasingly Turning to the Internet for News

Vietnamese youth are increasingly turning to online news sources over state TV, according to data issued by the Broadcasting Board of Governors (BBG) and Gallup. When asked to name the three media outlets that are their most important sources of information, almost three-fourths (74.1 percent) of those age 35 and older include state-run VTV among their responses, while less than half of those age 15-34 (48.6 percent) do so. Young people, in turn, are more likely to name online sources -- most commonly the popular Vietnamese news and information portals 24 Gio and Dantri.com, and the global social media giant Facebook.

“While television ownership remains almost ubiquitous, and frequency of TV and radio use has changed only slightly, the proportion of Vietnamese adults who use the Internet weekly or more continued to rise, from 26.3 percent in 2012 to 38.8 percent today,” explained Betsy Henderson, Director of Research, Training and Evaluation at Radio Free Asia. “Mobile ownership has grown by 10 percent since 2012, and it is the growing availability in web-enabled phones that is a key factor in rising Internet use in Vietnam.”

June 11, 2015 (Net neutrality takes effect tomorrow)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, JUNE 11, 2015

A busy day in telecomland – see all the events here https://www.benton.org/calendar/2015-06-11


INTERNET/BROADBAND
   Net neutrality takes effect June 12; ISPs scramble to avoid complaints
   Appropriations Bill Would Block Network Neutrality Rules
   DOTCOM Act Breezes Through House Communications Subcommittee
   Is Muni Broadband Feasible in Seattle? Not Likely, Report Finds
   AT&T, Cogent Strike Interconnection Deal
   Internet gatekeeping policies and the test of time - Stuart Brotman analysis [links to web]

SPECTRUM/WIRELESS
   FCC Announces Incentive Auction Eligible Facilities and Filing Deadline - public notice

BROADCASTING/CABLE
   FCC Adopts Proposal Extending Exemption from HD Carriage - public notice
   Rush Limbaugh Stepped Into It This Time - Sue Wilson op-ed

OWNERSHIP
   FTC Announces Second Federal Register Notice for its Merger Remedy Study; OMB Clearance Requested - press release [links to web]
   Why Apple Music doesn’t need to be the best to succeed - Andrea Peterson analysis [links to web]

TRANSPORTATION
   FCC: Railroads Mostly Have Needed PTC Spectrum [links to web]

EDUCATION
   Why Ed Tech Is Not Transforming How Teachers Teach [links to web]

DIVERSITY
   Can mainstream US media tap into non-English audiences? - analysis [links to web]

POLICYMAKERS
   James H. Billington to Retire as Librarian of Congress Effective Jan. 1, 2016 - press release [links to web]
   Upset over op-ed, GOP lawmakers seek to curb privacy board

STORIES FROM ABROAD
   Google Is Ready to Support European Digital Innovation, Says Eric Schmidt

MORE ONLINE
   CBO Scores E-Warranty Act of 2015 - research [links to web]

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INTERNET/BROADBAND

NET NEUTRALITY TAKES EFFECT JUNE 12
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
The Federal Communications Commission's network neutrality rules take effect June 12, and they've already had a noticeable impact on the behavior of Internet service providers. The FCC passed the rules on February 26, but they didn't get published in the Federal Register until April 13. The publication date started the 60-day waiting period until the rules take effect, and it has been a busy two months. ISPs have asked a federal court to halt the implementation of the rules pending a final judgment on their lawsuit against the commission. But the settlements with ISPs, Cogent and Level 3 indicate that they expect the rules to take effect. If any disputes remain unresolved on June 12, the FCC could field some complaints. "I sincerely hope I don’t have to file any, but I am also prepared," Cogent CEO Dave Schaeffer said in May. "If any of the mass market ISPs violate the consumer protection provisions outlined in the Open Internet Order, we will go to the [FCC's] Enforcement Bureau and file a complaint."
benton.org/headlines/net-neutrality-takes-effect-june-12-isps-scramble-avoid-complaints | Ars Technica
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APPROPRIATIONS BILL WOULD BLOCK NET NEUTRALITY RULES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
A court has yet to rule on staying the Federal Communications Commission's Title II reclassification of Internet service providers, but Congressional Republicans were trying to implement a legislative stay in a bill that would also cut the FCC's budget substantially, force publication of FCC drafts and prevent any new network neutrality rules from leading to rate regulation. The just-released Financial Services Bill out of the House Appropriations Committee gives the FCC $315 million, a cut of $25 million from FY 2015 and a whopping $73 million below its request for 2016. But none of that money can be used to implement the FCC's new network neutrality rules until the court challenge is resolved. That is according to a summary of the bill released by the committee. The legislation prohibits the FCC from implementing net neutrality until certain court cases are resolved, requires newly proposed regulations to be made publicly available for 21 days before the Commission votes on them, and prohibits the FCC from regulating rates for either wireline or wireless Internet service.
benton.org/headlines/appropriations-bill-would-block-net-neutrality-rules | Broadcasting&Cable
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DOTCOME ACT BREEZES THROUGH HOUSE COMMUNICATIONS SUBCOMMITTEEG
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
In only a few minutes and with applause all around, the House Communications Subcommittee favorably, and unanimously reported out a new version of the DOTCOM Act, a bill that provides a framework for congressional oversight of the transition of the Internet domain naming function from US oversight to a multistakeholder model. The act had drawn hefty criticism from Democratic Representatives since its introduction in 2014, but the two sides worked out a compromise that preserved Congress' oversight role without unduly delaying the hand-off. In May, in a hearing on the bill and the handoff, Ranking Member Anna Eshoo (D-CA) said it would unnecessarily delay the handover and send the wrong signal about government control to other countries. She was sounding a different note in her opening statement at the June 10 markup, calling a vote for the revised DOTCOM Act "a vote to carry on the extraordinary success story that is the Internet, ensuring that billions of people around the world will continue to benefit from everything it has to offer."
benton.org/headlines/dotcom-act-breezes-through-house-communications-subcommittee | Broadcasting&Cable
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IS MUNI BROADBAND FEASIBLE IN SEATTLE? NOT LIKELY, REPORT FINDS
[SOURCE: Government Technology, AUTHOR: Colin Wood]
Half a billion dollars -- that’s about what it would take to build a municipal fiber network in Seattle (WA), and the other numbers aren’t very encouraging, either. The city announced on June 9 the findings of a broadband study conducted by CTC Technology & Energy -- findings that mean that where broadband is concerned, the city will look elsewhere, for now, said Chief Technology Officer Michael Mattmiller. The survey, which the city paid $180,000 to have completed, found that in addition to a $480 million to $665 million price tag for a fiber to the premises (FTTP) broadband buildout, the project’s fiscal sustainability would require a citywide take rate exceeding 40 percent at a monthly service fee of $75 -- an unlikely scenario given that even the nation’s most successful municipal providers, like Chattanooga (TN)’s EPB, achieve a broadband take rate of less than 35 percent. The city’s broadband goal remains to provide the public with “equal, affordable and competitive broadband that approaches a gigabit standard,” Mattmiller said, but the findings of this report show that building a municipal network would put the city’s general fund at risk. “It presents too much risk to the city," he added, "but that said, we’re going to continue looking for other models and other state and federal funding opportunities, which could cause us to reconsider."
http://www.govtech.com/dc/articles/Is-Muni-Broadband-Feasible-in-Seattle...


AT&T, COGENT STRIKE INTERCONNECTION DEAL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
AT&T says it has reached a long-term interconnection agreement with Cogent for their respective IP networks. AT&T is trying to get its proposed merger with DirecTV through the Federal Communications Commission and Justice Department. Interconnection has been an issue the FCC has been particularly concerned with and the subject of talks between AT&T and FCC about potential deal conditions. Cogent has been pushing the FCC to make sure that preventing congestion and interconnection points is a condition on the deal. “Both Cogent and AT&T’s customers will benefit from this agreement for years to come,” said Dave Schaeffer, chief executive officer for Cogent. “We are putting customer needs at the forefront by enabling an expanded, secure and resilient interconnection environment.”
benton.org/headlines/att-cogent-strike-interconnection-deal | Broadcasting&Cable
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SPECTRUM/WIRELESS

FCC ANNOUNCES INCENTIVE AUCTION ELIGIBLE FACILITIES AND FILING DEADLINE
[SOURCE: Federal Communications Commission, AUTHOR: Public notice]
The Federal Communications Commission Media Bureau announces each station facility eligible for protection in the repacking process and for relinquishment in the reverse auction (i.e., "eligible facility"). Additionally, the FCC announces that any licensee with a station listed in the Appendix must file an FCC Form 2100, Schedule 381 ("Pre-Auction Technical Certification Form"), through which it will verify and certify to the accuracy of the authorization and underlying Database Technical Information for each eligible facility by July 9, 2015. Harry Cole with the CommLawBlog wrote, "To date, for many of us the spectrum auction has tended to be more imagined than concrete. Sure, we’ve read a lot about it and we know it’ll almost certainly have a major impact on all of us. But we haven’t yet been required to do anything (other than, maybe, prepare some rulemaking comments or attend an FCC webinar or meeting). But that has now changed, dramatically, with the release of the Eligibility Public Notice and the accompanying list of TV stations eligible for (a) protection in the post-auction repack and (b) relinquishment in the auction....From here on in, we'll all be sailing in largely uncharted waters."
benton.org/headlines/fcc-announces-incentive-auction-eligible-facilities-and-filing-deadline | Federal Communications Commission | Appendix A | CommLawBlog
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BROADCASTING/CABLE

FCC ADOPTS PROPOSAL EXTENDING EXEMPTION FROM HD CARRIAGE
[SOURCE: Federal Communications Commission, AUTHOR: Public notice]
In this Sixth Report and Order, the Federal Communications Commission adopts a proposal filed jointly by the American Cable Association and the National Association of Broadcasters that modifies and extends the exemption from the requirement to carry high definition broadcast signals under "material degradation" provisions of the Communications Act of 1934, as amended that the FCC granted to certain small cable systems in 2012. The FCC finds that the joint proposal strikes a reasonable balance between the interests of broadcast stations in having their HD signals transmitted without material degradation and the technical and financial constraints that some small cable operators continue to experience.
benton.org/headlines/fcc-adopts-proposal-extending-exemption-hd-carriage | Federal Communications Commission
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RUSH LIMBAUGH STEPPED INTO IT THIS TIME
[SOURCE: Huffington Post, AUTHOR: Sue Wilson]
[Commentary] On June 1, Radio host Rush Limbaugh, in referring to a report about brisk job growth, used the word "bulls--t." Cussing on the air, my friends, is where the Federal Communications Commission draws the line. Under its indecency rules, the FCC takes "complaints alleging the broadcast of material that describes or depicts sexual or excretory material."
The FCC's rules about indecency are intended to protect children from seeing or hearing things over our publicly owned airwaves which parents believe may be damaging to them. The minimum fine the FCC imposes for a single indecency offense is $7,000, and the maximum is $325,000. But Limbaugh's website says he airs on 590 individual stations nationwide. And you can bet that the Flush Rush Facebook group and #StopRush twitter volunteers, who have taken nearly every advertiser away from Limbaugh's program by simply educating sponsors as to what Rush really rants about, will be making complaints about every last station. That would add up to a minimum fine of $4,130,000, but a maximum of $191,750,000. That is way too much money for stations who are already losing money airing Limbaugh's show to cough up. And that's no BS.
[Sue Wilson is the director of "Broadcast Blues" from Media Action Center]
benton.org/headlines/rush-limbaugh-stepped-it-time | Huffington Post
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POLICYMAKERS

UPSET OVER OP-ED, GOP LAWMAKERS SEEK TO CURB PRIVACY BOARD
[SOURCE: Washington Post, AUTHOR: Ellen Nakashima]
Republican Representatives on the House Intelligence Committee, upset by an opinion piece penned by the chairman of the Privacy and Civil Liberties Oversight Board, a government watchdog on privacy issues, have advanced a measure to block the agency’s access to information related to US covert action programs. The provision, in the 2016 intelligence authorization bill, takes a jab at the PCLO, an independent executive branch agency whose job is to ensure that the government’s efforts to prevent terrorism are balanced with the need to protect privacy and civil liberties. David Medine, the board’s chairman, co-authored an essay in April arguing that if the United States was to continue killing US citizens by drone strikes, an independent review panel was needed to assess whether targeting decisions are appropriate. That article “really stirred the pot,” said one congressional aide. The provision, which the committee passed on a voice vote, was an attempt by Republican Reps to make sure the board members “stay in their lane,” as another aide put it. “Covert action, by its very definition, is an activity that the United States cannot and should not acknowledge publicly,” the Intelligence Committee Chairman, Devin Nunes (R-CA), said. “Review of such activity is ill-suited for a public board like the PCLOB.”
benton.org/headlines/upset-over-op-ed-gop-lawmakers-seek-curb-privacy-board | Washington Post | The Hill | David Medine Op-Ed
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STORIES FROM ABROAD

GOOGLE IS READY TO SUPPORT EUROPEAN DIGITAL INNOVATION,SAYS ERIC SCHMIDT
[SOURCE: Wall Street Journal, AUTHOR: Amir Mizroch, Ellen Emmerentze Jervell]
Google chairman Eric Schmidt continued his company’s European charm offensive by telling a gathering in Berlin that the Silicon Valley company was ready to support the digital innovation coming out of Europe, but that the Continent had to get to a single digital market or fall behind in global competitiveness. Schmidt called the current fragmentation of laws ranging from privacy, copyright to intellectual property across the 28 members of the European Union “crazy.” Regarding regular clashes with European regulators on issues ranging from data protection to anti-competitive charges, Schmidt said that Google was listening to European leaders, but that the situation would be helped if Europe spoke with one voice on digital matters. “We’re getting the messages, but it really helps if they’re saying the same things,” he said, adding that Europe had to get to a single digital market so that there could be clarity on business rules.
benton.org/headlines/google-ready-support-european-digital-innovation-says-eric-schmidt | Wall Street Journal | USA Today
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Upset over op-ed, GOP lawmakers seek to curb privacy board

Republican Representatives on the House Intelligence Committee, upset by an opinion piece penned by the chairman of the Privacy and Civil Liberties Oversight Board, a government watchdog on privacy issues, have advanced a measure to block the agency’s access to information related to US covert action programs. The provision, in the 2016 intelligence authorization bill, takes a jab at the PCLOB, an independent executive branch agency whose job is to ensure that the government’s efforts to prevent terrorism are balanced with the need to protect privacy and civil liberties.

David Medine, the board’s chairman, co-authored an essay in April arguing that if the United States was to continue killing US citizens by drone strikes, an independent review panel was needed to assess whether targeting decisions are appropriate. That article “really stirred the pot,” said one congressional aide. The provision, which the committee passed on a voice vote, was an attempt by Republican Reps to make sure the board members “stay in their lane,” as another aide put it. “Covert action, by its very definition, is an activity that the United States cannot and should not acknowledge publicly,” the Intelligence Committee Chairman, Devin Nunes (R-CA), said. “Review of such activity is ill-suited for a public board like the PCLOB.”

Why Apple Music doesn’t need to be the best to succeed

[Commentary] Apple finally unveiled its new paid music streaming service. Called Apple Music, the service that will launch June 30 has a lot in common with competitors already on the market. Some of those players, like Spotify, already have a big head start. The European-based Spotify announced that it now has 20 million paying subscribers.

But Apple has something Spotify doesn't: near total control over a mobile ecosystem used by a huge segment of the market. That's a huge advantage for Apple, especially because the tech company's overall strategy is based on the idea of vertical integration: It controls the hardware, the software, the retail, major services tied to its platforms and, ultimately, the app marketplace that allows other companies to reach consumers using its products. That control doesn't mean Apple is going to stop letting other companies put their software in the App Store. But the next version of iOS, 8.4, will come with Apple Music pre-loaded -- replacing the current music app.

FCC Adopts Proposal Extending Exemption from HD Carriage

In this Sixth Report and Order, the Federal Communications Commission adopts a proposal filed jointly by the American Cable Association and the National Association of Broadcasters that modifies and extends the exemption from the requirement to carry high definition broadcast signals under "material degradation" provisions of the Communications Act of 1934, as amended that the FCC granted to certain small cable systems in 2012. The FCC finds that the joint proposal strikes a reasonable balance between the interests of broadcast stations in having their HD signals transmitted without material degradation and the technical and financial constraints that some small cable operators continue to experience.

Google Is Ready to Support European Digital Innovation, Says Eric Schmidt

Google chairman Eric Schmidt continued his company’s European charm offensive by telling a gathering in Berlin that the Silicon Valley company was ready to support the digital innovation coming out of Europe, but that the Continent had to get to a single digital market or fall behind in global competitiveness. Schmidt called the current fragmentation of laws ranging from privacy, copyright to intellectual property across the 28 members of the European Union “crazy.”

Regarding regular clashes with European regulators on issues ranging from data protection to anti-competitive charges, Schmidt said that Google was listening to European leaders, but that the situation would be helped if Europe spoke with one voice on digital matters. “We’re getting the messages, but it really helps if they’re saying the same things,” he said, adding that Europe had to get to a single digital market so that there could be clarity on business rules.

FCC: Railroads Mostly Have Needed PTC Spectrum

In a Senate Commerce Committee hearing on rail safety, Charles Mathias, associate bureau chief of the Federal Communications Commission's Wireless Telecommunications Bureau, said that the FCC believed the railroads either had or were close to getting the spectrum they need to implement positive train control technologies, but that interference, train-to-train and train-to-TV station, continued to be a potential problem. DJ Stadtler, executive VP and COO of Amtrak, testified that access to spectrum had been one of the factors delaying implementation. "Amtrak attempted to purchase the necessary bandwidth on the open market, but the acquisition proved to be a challenging and time consuming process, and our several requests to the FCC for a bandwidth allocation out of its inventory were not accepted."

Mathias said that "even in the Northeast Corridor, we think that they do have the spectrum, or are certainly close to getting it." He said the FCC has been in talks with Amtrak officials over the past two weeks and was committed to finding them additional spectrum if it was needed. He pointed out that the 2008 legislation prompting PTC did not designate spectrum for it or direct the FCC to allocate it, so the FCC encouraged railroads to look to secondary markets, including for the Northeast Corridor, though he conceded that since no money was allocated for Congress for those purchases, that it is "challenging."

FTC Announces Second Federal Register Notice for its Merger Remedy Study; OMB Clearance Requested

The Federal Trade Commission announced that it is issuing a second Federal Register Notice for its proposal to study the effectiveness of the FTC’s orders in merger cases where it required a divestiture or other remedy and is seeking clearance from the Office of Management and Budget to conduct the study. The second FRN also calls for additional public comments as required by the Paperwork Reduction Act.

The FTC’s proposed new study, which will update and expand on a study the Commission issued in 1999, will focus on merger orders the Commission issued between 2006 and 2012. It will evaluate merger orders that required divestiture, as well as those that instead required non-structural relief to remedy anticompetitive effects. Overall, the FTC proposes to review 90 orders. The FTC received and responded to four public comments about the proposed study submitted in response to the first Federal Register Notice. The Commission vote to approve the second Federal Register Notice was 5-0.

Net neutrality takes effect June 12; ISPs scramble to avoid complaints

The Federal Communications Commission's network neutrality rules take effect June 12, and they've already had a noticeable impact on the behavior of Internet service providers. The FCC passed the rules on February 26, but they didn't get published in the Federal Register until April 13. The publication date started the 60-day waiting period until the rules take effect, and it has been a busy two months.

ISPs have asked a federal court to halt the implementation of the rules pending a final judgment on their lawsuit against the commission. But the settlements with ISPs, Cogent and Level 3 indicate that they expect the rules to take effect. If any disputes remain unresolved on June 12, the FCC could field some complaints. "I sincerely hope I don’t have to file any, but I am also prepared," Cogent CEO Dave Schaeffer said in May. "If any of the mass market ISPs violate the consumer protection provisions outlined in the Open Internet Order, we will go to the [FCC's] Enforcement Bureau and file a complaint."

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