June 2015

Malone: Charter Could Create 3rd Wireless Player

Liberty Media chairman John Malone has declared his theory that the recent pairing of Charter Communications and Time Warner Cable could help create a third major wireless carrier to compete with Verizon and AT&T. Malone pointed to Time Warner Cable’s mobile virtual network operator (MVNO) deal with Verizon -- part of cable consortium SpectrumCo’s sale of wireless frequencies to Verizon in 2012 for about $3.9 billion.

As part of that deal, SpectrumCo’s members -- TWC, Comcast, Bright House Networks and Cox -- received the option of participating in a wireless MVNO cellular service from Verizon. Malone noted that Charter was not part of that consortium -- it will be after the TWC deal closes -- which now becomes more important as the bulk of wireless traffic originates on the cable-dominated Wi-Fi network. “The concept that Comcast, a greatly enlarged Charter and Cox could together offer a Wi-Fi-optimized connectivity service with a default to a Verizon MVNO is an interesting concept,” Malone said at the annual meeting.

AT&T’s Ralph de la Vega: Subsidized Phones Are Going Away

Like unlimited data plans, the two-year contract and the subsidized cellphone are on the endangered species list. “I think it is one of those options that is going to go away slowly,” said AT&T CEO of mobile and business solutions. The shift will happen, de la Vega said, “not because we insist on it but because customers will choose it less often.” Already AT&T has been shifting its focus toward plans where customers pay full price for their phones by financing them over a period of months. An iPhone that would cost $199 with a two-year contract would cost $649 paid over a period of 18 to 30 months on these new plans. Nearly two-thirds of last quarter’s smartphone sales were on one of the so-called Next plans where devices are sold without a subsidy.

AT&T took a huge step toward doing away with subsidized phones by eliminating two-year contract pricing at third-party stores such as Best Buy and the Apple Store. Smaller rival T-Mobile spearheaded the move away from subsidized devices when CEO John Legere eliminated the two-year contracts back in March 2013 and began selling all phones unsubsidized. Though T-Mobile was an outlier at the time, it is a move embraced across the industry with all major carriers focusing on plans that separate the cost of a device from the cost to provide wireless service.

Microsoft working on new service to provide Wi-Fi for users everywhere

Microsoft is working on a cross-platform service that will offer "hassle-free" Wi-Fi around the world. The new service, called Microsoft WiFi, was first seen online by Twitter user WalkingCat -- who also first noticed the OneClip app -- and the site has since been replaced with a "Coming Soon" graphic. However, in a statement sent to VentureBeat, a Microsoft representative confirms that the new venture is forthcoming. "We can confirm that we are working on a new service, called Microsoft WiFi, that will bring hassle-free Wi-Fi to millions," a representative said. "We look forward to sharing additional detail when available."

Federal Funding Fosters Senior Digital Learning

[Commentary] Concern about seniors being left behind in the digital divide is not a recent phenomenon. Some efforts date back to the mid-1990s. Others emerged when the federal government began to pay serious attention about a decade ago. The Obama Administration has made 21st century telecommunications technology a priority for all Americans. Faced with the Great Recession, the President Barack Obama signed the American Recovery and Reinvestment Act in February 2009. This economic stimulus package included funds to expand broadband infrastructure, increase the number of public computer centers and implement broadband adoption programs. ARRA funds created the Broadband Technology Opportunities Program (BTOP), administered by the Department of Commerce’s National Telecommunications & Information Administration (NTIA).

In his January 14, 2015 announcement of Broadband USA’s plans to help with community broadband plans, NTIA Administrator Larry Strickland stated, “Our grantees also have established or upgraded 3,000 public computer centers, trained more than four million people and helped roughly 735,000 households sign up for broadband.” BTOP funding ended in December 2013. A small number of BTOP projects focused on seniors. Here are a few highlights.

[Cecilia Garcia, former Executive Director of the Benton Foundation, is a communications advisor with an extensive background in public affairs, television production and advocacy]

Broadband:Intended Outcomes and Effectiveness of Efforts to Address Adoption Barriers Are Unclear

While broadband is available to a majority of Americans, barriers have kept some from subscribing and enjoying its benefits. In 2010, the Federal Communications Commission published the National Broadband Plan, which noted that some demographic groups lagged behind others in adopting broadband and called on FCC and the National Telecommunications and Information Administration to take action to address these barriers. The Government Accountability Office was asked to examine progress in addressing broadband adoption barriers. This report examines (1) benefits of home broadband adoption, (2) barriers to adoption and approaches to address them, and (3) the extent to which FCC and NTIA have assessed efforts and set goals to address barriers. GAO reviewed literature on benefits and barriers, documentation on the performance of efforts to address adoption barriers, and interviewed FCC and NTIA officials, 14 of the 42 BTOP grantees, and 21 public and private stakeholders selected based on GAO's prior work and recommendations from other stakeholders.

GAO recommends that NTIA include an outcome-based goal and measure for its broadband adoption work in its performance plan. NTIA stated that such metrics are not appropriate for its efforts because these efforts are advisory. GAO believes measuring outcomes is key to demonstrating results. GAO also recommends that FCC revise its strategic plan to more clearly state if broadband adoption is a priority, and if so, what outcomes FCC intends to achieve. FCC noted that to the extent its plan is unclear, it will take steps to address the recommendation.

Rep Hoyer warns NSA bill could sink

House Democratic Whip Steny Hoyer (D-MD) warned that Senate changes to legislation reining in the National Security Agency's surveillance powers would likely sink the bill in the House. The Senate voted to advance a House-passed proposal that reauthorizes certain post-9/11 spying powers while ending the National Security Agency’s bulk collection of phone records. But Senate Majority Leader Mitch McConnell (R-KY) is urging a series of amendments to the bill, which if approved would require another vote in the lower chamber.

Top lawmakers on the House Judiciary Committee -- including Chairman Bob Goodlatte (R-VA), Ranking Member John Conyers Jr. (D-MI) and Reps Jim Sensenbrenner (R-WI) and Jerrold Nadler (D-NY) -- warned that the House "is not likely to accept" Majority Leader McConnell's changes. Rep Hoyer predicted the same outcome. "There could be an amendment that is relatively noncontroversial. We'll see. But none of the amendments that I've heard talked about are noncontroversial," Rep Hoyer said. "Clearly, what the four most-involved members on the Judiciary Committee have said is that if the amendments that are being discussed … if those are adopted, they do not believe they would be acceptable by the House. "I agree with their proposition."

House Hearing Slated On FCC Office Closures

The House Communications Subcommittee is scheduling a hearing for June 11 on Federal Communications Commission Chairman Tom Wheeler's proposal to close down two-thirds (16 of 24) of the FCC's field offices, billed as a way to cut costs and boost efficiency. That is according to House Communications Subcommittee Chairman Greg Walden (R-OR). Chairman Walden, himself a former broadcaster, pointed out that broadcasters had expressed concern about the move. Among those concerns are how that will affect the FCC's ability to monitor and respond to interference issues, particularly with the upcoming repack of TV stations after the broadcast incentive auction.

Chairman Walden said that it was a "tussle" to get the information out of the FCC and that it was "proceeding down this path of closing most of their offices. We have heard from a number of affected organizations, including broadcasters and first responders, about the concerns they have regarding the centralization of the FCC and the lack of local access that will occur." He said he intends to have someone from the FCC testify as well as other stakeholders. Chairman Wheeler has said the closings would not adversely impact interference monitoring functions.

Formerly Bipartisan FCC Reform Bill Lacks Democratic Representatives

The House Commerce Committee will take up a formerly bipartisan Federal Communications Commission process reform bill with Democratic Representatives no longer on board, according to House Communications Subcommittee Chairman Greg Walden (R-OR). He said he hoped Ranking Member Anna Eshoo (D-CA) would "rethink her position." According to Chairman Walden, she is planning to introduce her own version of the bill that includes three Democratic bills and a key change. One of Ranking Member Eshoo's primary problems with the bill is that it delays allowing more than two FCC commissioners to meet outside of public meetings until other reforms in the bill are already in place.

Chairman Walden pointed out in a contentious Subcommittee markup on the reform bills that the delay had been part of the bill when it passed the House unanimously last Congress, and felt he had an agreement with Ranking Member Eshoo on the provision. But Democratic Representatives also have issues with Republican Representative amendments, including one that would require the FCC to make public decisions being made on delegated authority 48 hours before the actions were taken and one that would require it to publish drafts of proposed decisions before they are voted. Democratic Representatives have said that latter proposal stemmed from FCC Chairman Tom Wheeler's decision not to publish a draft of his Title II order, which House Republicans had pressed for. Chairman Walden says the proposed reform predates that. Chairman Walden has said those proposals would not be "burdensome" on the FCC. "We are moving forward on these bills," he said, but "have not been able to get support from our Democratic colleagues," which he said puts them in the box of supporting continued secrecy at the FCC."

House Bill Blocks Internet Naming Oversight Handoff

An appropriations bill is getting pushback from the Obama Administration and some in Congress for a provision that would block the National Telecommunications and Information Administration hand-off of oversight of Internet domain naming functions (the Internet Assigned Numbers Authority or IANA) to a multistakeholder model. The Republican-backed Commerce, Justice, Science, and Related Agencies Appropriations Act (HR 2578) drew immediate negative reviews from the Office of Management and Budget. "The Administration strongly objects to the provision that prevents the National Telecommunications and Information Administration from using funds to relinquish its responsibility with respect to internet domain name system functions, a commitment the US Government made more than a decade ago," OMB said. "The successful transition of these functions would facilitate a free and open Internet managed through a multi-stakeholder governance structure."

House Communications Subcommittee Ranking Member Anna Eshoo (D-CA), who represents Silicon Valley, was none too pleased, either. "Since NTIA’s announcement, the multi-stakeholder community has stepped up to the plate to craft a transition proposal and enhanced accountability measures needed in the absence of US government stewardship," she said. " NTIA has articulated specific criteria for the transition proposal and made clear that any plan must advance our vision of a free and open Internet..." "HR 2578 includes language that blocks NTIA from using funds to relinquish the IANA functions. This limitation of funds is not only unnecessary, it sends the wrong message to the international community. Our diplomats point to the IANA transition announcement as a key factor helping us win allies and support for an Internet free of government control. As the US Chamber of Commerce stated, this funding restriction 'could result in harm to US businesses and Internet users as a whole.'” She said that while she opposes the provision, she supports insuring the transition is careful and transparent and pledges to work with her colleagues.

CMS Opens Data up to Businesses in Bid to Spur Innovation

The Centers for Medicare and Medicaid Services is actively encouraging businesses to build better technology -- using the agency's data. Acting CMS Administrator Andy Slavitt announced CMS was for the first time giving businesses access to CMS data, previously only granted to researchers. Leaders at the Department of Health and Human Services hope these groups can come up with technology that might improve care, possibly by helping health care providers make personalized decisions based on individuals’ data, Slavitt said.

“In taking this step, we are challenging others with proprietary data to follow our lead,” he said. The agency also plans to update its health data for researchers and businesses more frequently, and in a more machine-readable format, Slavitt added. “In an information age, it is just not acceptable that the most recent Medicare data available is from 2013," he said. Slavitt reminded researchers and businesses who are analyzing data to prioritize patient privacy, noting, “progress will simply not be possible without consumer trust.”