November 2015

ELECTIONS & MEDIA

RNC SUSPENDS PARTNERSHIP WITH NBC IN FALLOUT OVER CHAOTIC CNBC DEBATE
[SOURCE: Washington Post, AUTHOR: Abby Phillip, David Weigel]
With GOP anger over CNBC's handling of Oct 28's Republican presidential debate boiling over, the Republican National Committee announced that it was suspending its partnership with NBC News for an upcoming debate in February. In a letter to NBC News Chairman Andrew Lack, RNC Chairman Reince Priebus said that their relationship for the upcoming debate scheduled for Feb. 26, 2016 at the University of Houston was on hold "pending further discussion." The RNC has faced increasingly vocal -- and active -- dissatisfaction with the debate process from presidential contenders in the wake of Oct 28's faceoff, with candidates and their campaigns complaining that CNBC conducted the debate in "bad faith" and asked questions in an attempt to create infighting. "We simply cannot continue with NBC without full consultation with our campaigns," Priebus wrote. In a statement, NBC News called the RNC's decision "disappointing." Priebus noted that a debate would still be held on that day and that the RNC would continue to work with its partner in the event, the National Review.
benton.org/headlines/rnc-suspends-partnership-nbc-fallout-over-chaotic-cnbc-debate | Washington Post | The Wrap | Broadcasting & Cable | Broadcasting & Cable
Share: Twitter | Facebook
back to top

WIRELESS/SPECTRUM

FCC FINALIZES REIMBURSEMENT FORM FOR INCENTIVE AUCTION, ADOPTS CATALOG OF EXPENSES
[SOURCE: Federal Communications Commission, AUTHOR: Public Notice]
The Federal Communications Commission announces the final version of the Reimbursement Form, FCC Form 2100, Schedule 399, will be submitted to the Office of Management and Budget for approval under the Paperwork Reduction Act. The FCC also adopts a catalog of expenses. The catalog of expenses is not intended to be a definitive list of all reimbursable expenses. Rather, it is a means of facilitating the reimbursement process of claiming reimbursement by setting forth categories of expenses that are most likely to be commonly incurred by relocated broadcasters and multichannel video programming distributors (MVPDs). The form itself provides broadcasters and MVPDs with the ability to seek reimbursement for expenses other than those listed in the catalog. Finally, the FCC provides additional information clarifying how the Form will be used during the reimbursement period.
benton.org/headlines/fcc-finalizes-reimbursement-form-incentive-auction-adopts-catalog-expenses | Federal Communications Commission | Reimbursement Form | Broadcasting & Cable
Share: Twitter | Facebook
back to top

NAB: FCC'S VACANT CHANNEL PROPOSAL IS GOOGLE GIVEAWAY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The National Association of Broadcasters has told the Federal Communications Commission that its proposal to reserve a channel for unlicensed, so-called 'white spaces," devices in the TV band after the incentive auction will thwart innovation and harm low-power TV (LPTV's) and translators. The FCC is proposing that in any TV market where there is an available channel after the post incentive auction repack, it should to to unlicensed, which means that more licensed LPTV's and translators, which are not protected in the repack, could be sent packing or shuttered. In reply comments on the proposal filed with the FCC Oct. 30, NAB said the addition of unlicensed 'white space" channels is speculative at best, while the costs to important local service provided by LPTV's -- including religious programming and programming to diverse audiences -- and translators are very real. "Despite the passage of more than five years since the adoption of the current framework for white spaces operation, there are only approximately 600 white spaces devices actually in operation today across the entire country," NAB told the FCC. "It is unclear what value, if any, many of these devices are actually providing." NAB said it is a false notion that the vacant channel proposal has no victims, calling it an unprecedented spectrum handout. "If Google and Microsoft wish to structure their business models around access to spectrum, they should not count on the government to provide them with an expansive testing ground with no discernable public interest benefit; rather, they should participate in the incentive auction the FCC is using to create this new neighborhood in the first instance."
benton.org/headlines/nab-fccs-vacant-channel-proposal-google-giveaway | Broadcasting&Cable
Share: Twitter | Facebook
back to top

HOW MUCH WILL THE FCC'S AIRWAVES AUCTION RAISE?
[SOURCE: Morning Consult, AUTHOR: Amir Nasr]
The Federal Communications Commission’s upcoming auction of unused TV airwaves has been projected to bring in $60 billion to $80 billion dollars for the US Treasury. But with several major wireless providers shying away, that figure may be out of reach. The FCC will use the auction this spring as a way of opening up more licenses to feed the increasing demand for the nation’s airwaves, which are increasingly crowded with LTE networks, the Internet of Things, and high consumer demand for mobile data. When the FCC filed its procedures for the auction on Aug. 11, it cited a statistic from the Expanding Opportunities for Broadcasters Coalition that put the expected revenue at $60 billion to $80 billion. Financial group SNL Kagan calculated the estimate. Since then, some analysts are asking how they will get there. Sprint, one of the major carriers that might have bid for some of these airwaves, said they plan to not participate in the auction. One of the nation’s largest wireless providers, Verizon, has also downplayed its potential involvement in the auction. Nonetheless, FCC Chairman Tom Wheeler said that he thinks the auction will be “very successful.” The moves from Sprint and Verizon are “pre-auction shenanigans that one can expect happens in any kind of marketplace.”
benton.org/headlines/how-much-will-fccs-airwaves-auction-raise | Morning Consult
Share: Twitter | Facebook
back to top

SPRINT'S NEW T-MOBILE-STYLE 'UNLIMITED' DATA PLAN THROTTLES YOU AFTER 1 GB
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
Sprint unveiled a $40-per-month "unlimited data" smartphone plan that comes with 1GB of high-speed data. You can use all the data you want, but after that first gigabyte, you'll be throttled to lower, 2G speeds for the rest of the month. The $40-per-month charge also includes unlimited talking and texting. For $50 per month, customers get 2GB of high-speed data and slower speeds thereafter. This is similar to plans offered by T-Mobile US, which sells "unlimited data" service that throttles customers after they've used up their high-speed allotments. Sprint is undercutting T-Mobile on the price by $10 per month. However, Sprint's throttled speed is apparently lower than T-Mobile's. While Sprint's announcement didn't define "2G speeds," in the context of international roaming, Sprint has defined it as "up to" 64kbps. T-Mobile defines 2G as up to 128kbps. (We've asked Sprint to clarify its 2G speeds and will provide an update if we get one.)
benton.org/headlines/sprints-new-t-mobile-style-unlimited-data-plan-throttles-you-after-1gb | Ars Technica
Share: Twitter | Facebook
back to top

ACCESSIBILITY
HEARING AID COMPATIBILITY STANDARDS NPRM
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
In this Notice of Proposed Rulemaking (NPRM), we first propose to amend the Federal Communications Commission’s hearing aid compatibility (HAC) rules for wireline handsets. Specifically, we propose to take the following actions: (1) incorporate into the rules a revised industry standard developed by the Telecommunications Industry Association (TIA) that appears likely to improve the ability of people with hearing loss to select wireline telephones with sufficient volume control to meet their communication needs and provide greater regulatory certainty for the industry; and (2) apply the FCC's wireline telephone volume control and other hearing aid compatibility requirements to handsets used with VoIP services, pursuant to the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA).
Second, we propose a rule and request comment on setting a standard for volume control for wireless handsets to ensure more effective acoustic coupling between handsets and hearing aids or cochlear implants.
Third, we propose to: require manufacturers to use exclusively the 2011 standard developed by the American National Standards Institute (ANSI) to certify future handsets as hearing aid compatible; and eliminate the power-down exception if manufacturers are required to test and rate handsets exclusively under the 2011 ANSI Wireless HAC Standard.
Finally, to implement section 710 of the Communications Act of 1934, as amended by section 102(b) of the CVAA, and to simplify the process for all equipment, wireline and wireless, to achieve hearing aid compatibility compliance, we seek comment on a process for enabling industry to use new or revised technical standards for assessing hearing aid compatibility compliance, prior to FCC approval of such standards. We propose that such standards are developed by an ANSIaccredited organization in accordance with a public participation process and in consultation with consumer stakeholders designated by the Commission, as required by the CVAA.
benton.org/headlines/hearing-aid-compatibility-standards-nprm | Federal Communications Commission | O'Rielly Statement
Share: Twitter | Facebook
back to top

BACK TO BASICS: ACCESSIBILITY AND PUBLIC SAFETY
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeler]
Oct 29, I’m circulating a proposal to make Wireless Emergency Alerts a more effective tool to communicate important information to the public. For example, we propose to increase the amount and type of information that can be included in alerts and to make it easier for state and local authorities to send these messages. In Nov, the Federal Communications Commission will consider rules that would strengthen accessibility by Americans with hearing loss to emerging and future technologies and services by expanding the scope of our hearing aid compatibility requirements to all forms of voice communication. If adopted, this action would cover emerging technologies such as Wi-Fi calling and VoLTE as well as those that may develop in the future. In addition to these rules, the FCC will lay the groundwork for future improvements by calling on stakeholders to work collaboratively to develop a consensus plan for dramatically expanding the kinds of devices that Americans with hearing loss can use. If there is a better way to consider and implement accessibility at the front end of the handset-design process, millions of Americans with hearing loss will benefit. The draft item makes clear that a consensus solution is the preferred path forward, but the Commission will also seek comment on whether there are other steps it might take to ensure 100 percent of handsets are hearing aid compatible at the same time as promoting innovation and investment.
benton.org/headlines/back-basics-accessibility-and-public-safety | Federal Communications Commission
Share: Twitter | Facebook
back to top

TELEVISION

FCC BARELY BUDGES ON RETRANSMISSION COMMENT DEADLINES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Communications Commission's Media Bureau has only minimally granted the National Association of Broadcaster's request to extend the comment deadline on the FCC's retransmission consent proceeding, only extending the reply comment deadline -- which takes it past the New Year holiday -- and only by two weeks, rather than the several weeks NAB had sought to delay both initial and reply deadlines. Per a congressional directive, the FCC is reviewing the definition of good-faith retransmission negotiations. The comment deadlines for initial and reply comments had been Dec. 1, 2015 and Dec. 31, 2015, respectively. Saying its members had an incentive auction to focus on, NAB had asked the FCC to move both, to Feb. 1, and March 2, respectively. Instead, the FCC Friday said it would extend the reply deadline by two weeks to Jan. 14. The American Television Alliance had opposed the request, arguing that broadcasters had already had plenty of notice about the proceeding. The Media Bureau agreed, pointing out that it had given commenters 60 days rather than the usual 30 as it was.
benton.org/headlines/fcc-barely-budges-retransmission-comment-deadlines | Broadcasting&Cable
Share: Twitter | Facebook
back to top

JURY: COX ILLEGALLY FORCED CUSTOMERS INTO RENTING ITS SET-TOP BOX
[SOURCE: Washington Post, AUTHOR: Brian Fung]
A federal jury in Oklahoma has awarded $6.31 million to a group of cable TV customers after it found that Cox Communications broke federal antitrust law. Cox unfairly forced customers to rent its set-top box as a condition of receiving premium cable service, the jury ruled. Refusing the box meant being unable to access Cox's interactive channel guide and on-demand video, according to the original complaint. Not only did tying premium service to set-top boxes limit features for subscribers who wanted to use third-party boxes, but Cox unfairly profited from customers who rented its own set-top box (and may have been forced into the decision against their will), according to the class action. A congressional probe in 2015 found that consumers pay more than $230 a year renting set-top boxes from their cable companies. "Even if Cox purchases set-top boxes for only $200, Cox's monthly rental fee of at least $6.99 in its Oklahoma City market will surpass $200 in less than two years and five months," the complaint read, "leaving Cox with a minimum of 2.5 years of pure profits and consumers with a substantial loss." Cox argued that it didn't force customers into doing anything they didn't want to do, noting that Dish and DirecTV are both available in the region. It also pointed to other set-top boxes such as TiVo that could provide an alternative to the Cox equipment. But the jury ultimately decided in the subscribers' favor. Despite the ruling, Cox officials are "gratified that the jury recognized most of the damages plaintiffs were seeking were unwarranted." The company is trying to get the verdict overturned.
benton.org/headlines/jury-cox-illegally-forced-customers-renting-its-set-top-box | Washington Post
Share: Twitter | Facebook
back to top

GOVERNMENT & COMMUNICATIONS

DEMOCRATIC SENS TO PUSH BILL REPEALING ROBOCALL PROVISION OF BUDGET DEAL
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
A few Democratic Senators plan to push a bill during the week of Nov 2 to repeal a portion of the budget agreement that would allow the government to make robocalls to cellphones in order to collect outstanding debt. Sen Ed Markey (D-MA), who authored the telephone consumer protection laws in the 1990s, plans to introduce the legislation Nov 2. A number of Democratic lawmakers called out the provision after expressing surprise that it made its way into the bipartisan budget framework. "This deal comes with a price: More unwanted calls and texts to Americans," Sen Markey said on the floor on Oct 29, after applauding the broader deal. The small provision was not enough to prevent Democratic critics from voting to advance the bill. Sen Claire McCaskill (D-MO), who will also co-sponsor the bill, has called the provision a "stupid idea" but said it doesn't warrant "jettisoning" the broader compromise. Similarly, Sen Markey's touted the broader agreement to extend the debt limit and relieve budget caps. Sen Markey's office said "a number" of other Sens are also expected to sign onto the the bill. The robocall provision would exempt the government and those collecting debt on its behalf from some telephone consumer protection rules, if the calls are made "solely to collect a debt owed to or guaranteed by the United States." Nearly all automated or prerecorded calls to cellphones are currently barred.
benton.org/headlines/democratic-sens-push-bill-repealing-robocall-provision-budget-deal | Hill, The
Share: Twitter | Facebook
back to top

WHITE HOUSE ISSUES GOVERNMENT-WIDE CYBER ACTION PLAN
[SOURCE: nextgov, AUTHOR: Aliya Sternstein, Jack Moore]
The White House on Oct 30 issued a broad new plan designed to better respond to cybersecurity incidents such as those that exposed secrets on millions of citizens as well as government operations. The new guidance, which aims to protect the most high-value information assets the federal government holds, is the latest step in the months-long fallout from the devastating hack of sensitive federal employee files from the Office of Personnel Management revealed summer 2015. The new plan -- a memorandum to the heads of federal agencies and departments from Scott and OMB Director Shaun Donovan -- builds on a 30-day “cybersecurity sprint” this summer, during which Scott’s office called on agencies to immediately tighten online defenses in the wake of the OPM breach. Agency deputy secretaries will be in charge of implementing the plan, according to the document. The plan lays out an initial set of deadlines. By the end of 2015:
OMB will issue new “incident response best practices” to agencies
The Department of Homeland Security will extend the protections under its intrusion-detection system known as EINSTEIN. A new DHS contract will equip all agencies with updated “EINSTEIN 3A” e-mail and network surveillance technology that also blocks certain malicious activities
Agencies will be required to report all cyber positions to OPM and a group of agency CIOs will create a special subcommittee focused on rapid deployment of emerging technology.
benton.org/headlines/white-house-issues-government-wide-cyber-action-plan | nextgov | White House Cyber Action Plan
Share: Twitter | Facebook
back to top

INTERNET/BROADBAND

THE TRUTH ABOUT ACCESS, AFFORDABILITY AND THE DIGITAL DIVIDE
[SOURCE: Medium, AUTHOR: Dana Floberg]
[Commentary] According to the Washington Post, you’re paying just the right amount for broadband service. In an article, tech writer Brian Fung relied on a recent Pew study to support his conclusion that what consumers really need is Internet “guidance” and “coaching” -- rather than lower prices -- to close the digital divide. Digital literacy training sounds like a nice, uncontroversial idea, and it may very well be a helpful piece of this puzzle. The trouble is, Fung glosses over fundamental details about the broadband market and ignores the huge impact that affordability -- or the lack thereof -- has on broadband adoption and the digital divide. He begins by noting that while 19 percent of broadband non-adopters cite price as the main barrier to Internet access, nearly 34 percent say the Internet simply isn’t relevant to their lives. That may seem like a meaningful statistic, but by lumping all non-adopters together, Fung fails to account for differences in income. High prices are locking communities out of our digital future, and instead of opening the door, we’re wondering why they don’t want to come inside. Digital literacy shouldn’t be used as a cop-out for broadband providers and policy makers who don’t want to do the hard work of improving broadband affordability. We need to recognize that access, affordability and adoption go hand in hand, and get down to the real business before us.
[Dana Floberg is a policy fellow with Free Press]
benton.org/headlines/truth-about-access-affordability-and-digital-divide | Medium
Share: Twitter | Facebook
back to top

JOURNALISM

'PHILADELPHIA INQUIRER,' 'DAILY NEWS' CUT JOBS, CONSOLIDATE
[SOURCE: Associated Press, AUTHOR: ]
The Philadelphia Inquirer and its sister paper, the Philadelphia Daily News, will merge newsrooms but continue to put out two separate newspapers, leading to an unknown number of job cuts, the owner announced Oct 30. Publisher Terrance Egger said the digital operation would also be part of the consolidation. He told employees the move to a single newsroom will save Philadelphia Media Network $5 million to $6 million. Chairman H.F. "Gerry" Lenfest, the principal owner, said the newsroom merger will make the company more streamlined. "It's more efficient. Rather than have a reporter from each of the three entities to cover an event, we now can send one," he said.
benton.org/headlines/philadelphia-inquirer-daily-news-cut-jobs-consolidate | Associated Press | Poynter
Share: Twitter | Facebook
back to top

DIVERSITY

SXSW WILL HOLD ALL-DAY SUMMIT ABOUT ONLINE HARASSMENT IN PARTNERSHIP WITH LEADING WOMEN ADVOCATES
[SOURCE: Washington Post, AUTHOR: Caitlin Dewey]
In the wake of a week-long controversy over its cancellation of an anti-harassment panel, the South by Southwest (SXSW) Interactive Festival has announced that it will not only reinstate the panel but also hold a day-long summit on the topic of online harassment. The summit, scheduled for March 12, will include speakers such as Monica Bickert, Facebook’s head of product policy; Brianna Wu, a prominent developer and Gamergate target; Mary Anne Franks, and anti-revenge porn advocate; and Rep Katherine Clark (D-MA), the congresswoman who criticized SXSW’s decision to cancel the panel. “Earlier this week we made a mistake,” the festival said in a statement. “By canceling two sessions we sent an unintended message that SXSW not only tolerates online harassment but condones it, and for that we are truly sorry.”
benton.org/headlines/sxsw-will-hold-all-day-summit-about-online-harassment-partnership-leading-women-advocates | Washington Post
Share: Twitter | Facebook
back to top

Benton

Search

Benton

Daily Digest

Analysis

November 2015

Comcast, Charter may participate in 600 MHz auction, while Time Warner Cable plans to stay home

Removing barriers to competition in mobile payments platforms

After guilty plea, judge confused as to why prosecutors still want iPhone unlocked

Suddenlink Gigabit Available in Two Dozen Markets

November 2, 2015 (Fred Thompson)

Robbie's Round-Up of the Week in Telecommunications Policy

Many Children Under 5 Are Left to Their Mobile Devices, Survey Finds

Silicon Valley's Cash Remains Cold to White House Hopefuls

Pentagon Creates Cybersecurity Exchange Program With Industry

Ted Koppel asks: Where is America’s cyberdefense plan?