BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, APRIL 29, 2016
World Summit on the Information Society – and May flowers – coming next week https://www.benton.org/calendar/2016-05
KICKASS WOMEN OF PHILANTHROPY
What a Difference a Year Makes - editorial
An Interview with Helen Brunner, Founding Director, Media Democracy Fund
FCC OPEN MEETING
FCC Seeks Comment on Framework to Advance Competition in the Business Data Services Market (Special Access) - press release
FCC Adopts Real-Time Text Proposed Rulemaking - public notice
FCC Puts Final Rules in Place for New Citizens Broadband Radio Service - press release
Chairman Wheeler: Charter Merger Conditions Create Competition Zone
Chairman Wheeler: Set-Top Proposal Has 'Gotta Be Done’
FCC Seeks Comment on Wireless Carrier's Proposal to Increase Resiliency and Enhance Information Sharing During Disasters - public notice [links to Benton summary]
Deletion of Consent Agenda From April 2016 Open Meeting - public notice [links to Benton summary]
FCC Denies Wifredo Blanco-Pi Experimental AM Booster Request - public notice [links to Benton summary]
Statement of Commissioner Pai on Passage of Kari's Law By Congressional Committees - press release [links to Benton summary]
Statement of Commissioner O'Rielly on HR 2593 - press release [links to Benton summary]
SECURITY/PRIVACY
Encryption Without Tears - Sen Richard Burr (R-NC), Sen Dianne Feinstein (D-CA) op-ed
Supreme Court approves rule change to expand FBI hacking power
Sen Wyden rallies opposition to new fed hacking powers
Security of critical phone database called into question [links to Benton summary]
Don’t Panic (For Now) About ISIS Hacking [links to Benton summary]
Op-Ed: Always on: Privacy implications of microphone-enabled devices [links to Revere Digital]
OTI Applauds Historic Vote in House Approving E-mail Privacy Act [links to New America]
OWNERSHIP
DreamWorks Animation Is Bought by Comcast in $3.8 Billion Deal
Comcast’s DreamWorks Deal Reflects Shifting Bets on Media - analysis [links to Benton summary]
How the Comcast-DreamWorks deal came together so fast [links to Los Angeles Times]
Entertainment Studios Pushes Charter/TWC Diversity Condition [links to Benton summary]
GOVERNMENT & COMMUNICATIONS
Facebook breaks content restriction record after Paris attacks [links to Benton summary]
Census Bureau hopes to use data from other government agencies in 2020 - press release [links to Benton summary]
Time to Turn off THOMAS: July 5, 2016 [links to Library of Congress]
Pentagon wants its own secure messaging system [links to nextgov]
Top ideas to retire in public sector IT management [links to Brookings]
In the future, Big Data will make actual voting obsolete - Quartz op-ed [links to Benton summary]
EMERGENCY COMMUNICATIONS
FCC Announces Meeting of the Task Force on Optimal PSAP Architecture for Scheduled May 6, 2016 [links to Benton summary]
Data Gleaned from Next-Gen 911 System Drives Improved Emergency Response [links to Government Technology]
ELECTIONS & MEDIA
Ted Cruz not great at buying domain names, loses CruzFiorina.com [links to Ars Technica]
Yes, the media created Donald Trump — 30 years ago [links to Washington Post]
Bernie Sanders continues to outraise Hillary Clinton among tech-sector donors [links to Revere Digital]
INTERNET/BROADBAND
Google Fiber Launches in Nashville [links to Multichannel News]
Distorting the Snallygaster Market - PK blog [links to Benton summary]
WIRELESS/SPECTRUM
NCTA Seeks Action by President Obama on 5.9 GHz Spectrum [links to Benton summary]
TELEVISION
After two years of decline, TV could see an ad comeback [links to Los Angeles Times]
CHILDREN & MEDIA
Sen Markey Eyeing TV Ratings System Complaints [links to Benton summary]
TRANSPORTATION
New House Smart Transportation Caucus will help keep hackers out of cars [links to Benton summary]
JOURNALISM
How one woman’s ‘hyperlocal C-Span’ brings transparency to politics in Georgia [links to Columbia Journalism Review]
LABOR
Verizon Makes ‘Last, Best Offer' to Striking Workers [links to Broadcasting&Cable]
T-Mobile Accused of Fighting a Real Union by Creating a Fake One
DIVERSITY
Entertainment Studios Pushes Charter/TWC Diversity Condition [links to Benton summary]
International ‘Girls in ICT Day’ celebrated around the globe [links to International Telecommunication Union]
STORIES FROM ABROAD
Claude Barfield -- China’s Internet censorship: A WTO challenge is long overdue [links to American Enterprise Institute]
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KICKASS WOMEN OF PHILANTHROPY
WHAT A DIFFERENCE A YEAR MAKES
[SOURCE: Benton Foundation, AUTHOR: Adrianne Furniss]
[Commentary] Today marks the first anniversary of Charles Benton’s death. You may have known Charles because you met him at a conference or you spoke on the phone or you read one of his articles. Tall, large of voice, possessed of dazzling grin and intractable hair, Charles naturally drew considerable attention. He was the Benton Foundation for many people. Over the past 12 months, there has been an incredible outpouring of love, support, and fond memories of Charles. My colleagues and I have had the pleasure of traveling around the country to be part of many celebrations of Charles’ – and the foundation’s – contributions. Although one might be tempted to call all this the Charles Benton Memorial Tour, for me, it has actually been a listening tour – hearing not just about what various people and groups admired about Charles, but also about their concerns and priorities as the country considers who will be leading us in the years to come. This year, I’ve been thinking about "Digital Deserts." Despite great gains in achieving universal broadband, a number of “Digital Deserts” persist in the U.S. Many communities and households still do not have broadband service. We want to offer policy recommendations that will transform these deserts into oases of opportunity, and connect them to affordable, reliable, high-capacity broadband. I’m so encouraged by the Federal Communications Commission’s decision to expand Lifeline support to include broadband service, making sure that millions of American families will no longer have to choose between buying groceries or paying for the connectivity that, for instance, allows their children to complete their homework assignments. But much more work needs to be done. I believe that broadband is a key instrument in addressing economic insecurity.
https://www.benton.org/blog/what-difference-year-makes
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HELEN BRUNNER
[SOURCE: Philanthropy News Digest, AUTHOR: ]
A Q&A with Helen Brunner, founding director of the Media Democracy Fund and an advisor to the Quixote Foundation. She recently was awarded the Council on Foundations' 2016 Robert Scrivner Award for Creative Grantmaking for her efforts to protect the public's basic rights in the digital age and to secure universal access to a free and open Internet. Central to that work was funding and organizing the successful campaign to preserve network neutrality that culminated in the Federal Communications Commission's 2015 decision to prohibit broadband providers from blocking or "throttling" — intentionally slowing — the flow of legal content or services and from offering "fast lanes" for a fee. She speaks about the role of philanthropy in the ongoing debates over freedom of expression, data privacy, and the impact of social media on civic discourse.
benton.org/headlines/interview-helen-brunner-founding-director-media-democracy-fund | Philanthropy News Digest
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FCC OPEN MEETING
FCC SEEKS COMMENT ON FRAMEWORK TO ADVANCE COMPETITION IN SPECIAL ACCESS MARKET
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission jumpstarted the process of protecting and advancing competition in the $45 billion market for business data services, also known as special access. The item adopted by the Commission seeks broad public comment on reforming and modernizing its rules based on four principles:
1) Competition is best, but where competition does not exist, market conditions must not be allowed to stifle the ability of business customers to innovate and compete
2) Technological neutrality should be at the core of any new regulatory framework.
3) Policies should remove barriers to the transition to new technologies.
4) Rules should be crafted to meet the needs of both today’s and tomorrow’s marketplace.
The item includes an Order resolving an investigation of existing special access tariffs filed by four major telecommunications companies, known as incumbent local exchange carriers (ILECs): AT&T, Verizon, CenturyLink and Frontier. The Order finds that certain terms and conditions of these tariffs were unjust and unreasonable, and had the effect of decreasing facilities-based competition and inhibiting the transition to new technologies. These companies will be required to withdraw the illegal terms of these tariffs and file new tariffs within 60 days of release of the Order. A Further Notice of Proposed Rulemaking seeks to replace the existing, fragmented and outdated
rules with a new technology-neutral framework that classifies markets as either non-competitive or as competitive. Where competition is lacking, the Further Notice asks about the specific rules necessary to advance it.
benton.org/headlines/fcc-seeks-comment-framework-advance-competition-business-data-services-market-special | Federal Communications Commission | Broadcasting&Cable | The Hill | Washington Post | ars technica | telecompetitor | Reactions from B&C | NCTA response | Public Knowledge
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FCC ADOPTS REAL-TIME TEXT PROPOSED RULEMAKING
[SOURCE: Federal Communications Commission, AUTHOR: Public notice]
The Federal Communications Commission approved a proposal to utilize real-time text to ensure that people with disabilities who rely on text to communicate have accessible and effective telephone access. As communications networks migrate to IP-based environments, this technology would allow Americans who are deaf, hard of hearing, speech disabled or deaf-blind to use the same wireless communications devices as their friends, relatives and colleagues, and more seamlessly integrate into tomorrow’s communications networks. The Notice of Proposed Rulemaking adopted today proposes to recognize real-time text as a replacement technology for text telephones, also known as TTY devices, on wireless phone networks, starting in December 2017 for larger carriers. It also begins to look into the possibility of a similar transition for IP-based landline phone networks. Unlike most text messaging services, real-time text enables text to be sent immediately as it is typed, without pressing “send.” In this manner, the person receiving the text can read what the person creating the text is saying as soon as he or she creates it – thus fostering a conversational rhythm to the interaction, much as one person speaking can still hear the other person even if they talk over each other. By not requiring users to hit “send”, 911 call center personnel, for example,
will be able to receive even incomplete messages.
benton.org/headlines/fcc-adopts-real-time-text-proposed-rulemaking | Federal Communications Commission | Wheeler Statement | Clyburn Statement | Rosenworcel Statement | Pai Statement | O'Rielly Statement | The Hill
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FCC PUTS FINAL RULES IN PLACE FOR NEW CITIZENS BROADBAND RADIO SERVICE
[Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission reaffirmed its decision to create the innovative Citizens Broadband Radio Service in the 3550-3700 MHz (3.5 GHz) band, and took additional steps to finalize the rules. The Commission established the 3.5 GHz band as an innovation band, where it is breaking down age-old regulatory barriers to create a space for a wide variety of users to coexist by sharing spectrum. The item adopted today generally reaffirms the flexible and innovative regulatory framework the Commission adopted in the band in April 2015. Finalizing the rules sets the stage for the next steps, including certifying Spectrum Access System Administrators and Environmental Sensing Capability operators and holding a future auction, to making providing service in this band a reality. As a result of technological innovations and a focus on spectrum sharing, the Commission was able to open up 100 megahertz of spectrum previously unavailable for commercial uses, which it added to existing commercial spectrum to make a 150 megahertz contiguous band. The rules finalize the framework for the Citizens Broadband Radio Service, providing an opportunity to leverage these new innovations in spectrum licensing and access schemes to meet the needs of a variety of users, simultaneously.
benton.org/headlines/fcc-puts-final-rules-place-fo-rnew-citizens-broadband-radio-service | Federal Communications Commission | Public Knowledge
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WHEELER: CHARTER MERGER CONDITIONS CREATE COMPETITION ZONE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commission chairman Tom Wheeler says that the conditions he has proposed placing on the Charter-Time Warner Cable-Bright House merger have created a "seven-year innovation and competition zone," referring to the seven-year length of broadband-related conditions. Chairman Wheeler was asked whether those conditions signaled a precedent for how the FCC would view future mergers and what signal it should be sending to the market. "I think what we did was we created a seven-year innovation and competition zone. That, in terms of access says that there will be during this period an open opportunity for those who are innovative and competitive to have an opportunity to bring new competition and new services." But Chairman Wheeler did say every issue was looked at on a case-by-case basis and warned against generalizing about other deals. Chairman Wheeler said that the timetable of the deal approval was because it was in conjunction with the Justice Department, which explained why it had come out this week—it had been thought the decision would circulate in March. "We were working with each other, so that is kind of the answer on the timing," he said.
benton.org/headlines/chairman-wheeler-charter-merger-conditions-create-competition-zone | Broadcasting&Cable
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WHEELER: SET-TOP PROPOSAL HAS 'GOTTA BE DONE'
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commission Chairman Tom Wheeler says that Comcast's announcement that it was putting set-top box functionality into Samsung Smart TVs and would not charge a monthly fee made the FCC's set-top case for it. He said he was encouraged by the “technological and business solution" the announcement represents and said it was a "model" and in "accord" with what the FCC "has been talking about." But he still said the set-top proposal needed to get done to make sure that kind of model was available across the board. "Let's take how that is happening, put that in the rule, and make it available for everybody." "I think that what Comcast just did is proving our point that you can take a third-party device, put set-top box functionality into it, and protect copyright and the economic ecosystem." Cable operators have argued that Chairman Wheeler's proposal to make set-top content and data available to third parties threatens content protections, contracts, and ad integrity and would require new devices and network rebuilds. Chairman Wheeler said it would not mean rebuilding the network or "all the other horrible things" the industry has cited. He said the essence of the proposal was that content could be safely moved to third-party devices. He said it was essential that the third party option be available to everyone regardless of who their cable operator is, regardless of the kind of TV, and "for all time, not until a unilateral decision is made to pull the plug." Chairman Wheeler said his proposal "has gotta be done. And that's the road we are headed down."
benton.org/headlines/chairman-wheeler-set-top-proposal-has-gotta-be-done | Broadcasting&Cable
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SECURITY/PRIVACY
ENCRYPTION WITHOUT TEARS
[SOURCE: Wall Street Journal, AUTHOR: Sen Richard Burr (R-NC), Sen Dianne Feinstein (D-CA)]
[Commentary] In an increasingly digital world, strong encryption of devices is needed to prevent criminal misuse of data. But technological innovation must not mean placing individuals or companies above the law. Today, the FBI is unable to gain access to data on many of the mobile devices they obtain that are password protected...We are circulating a proposal in the Senate to ensure that technology does not undermine the justice system. The draft proposal requires a person or a company—when served with a court order—to provide law enforcement with information (in readable form) or appropriate technical assistance that is responsive to the judicial request. This will enable law enforcement to conduct investigations using the communications involved in criminal and terrorist activities. Our draft bill wouldn’t impose a one-size-fits-all solution on all covered entities, which include device manufacturers, software developers and electronic-communications services. The proposal doesn’t define the technological solutions or tell businesses how to solve the problem. It provides compensation for reasonable costs that businesses may incur when complying with a court order. We want to provide businesses with full discretion to decide how best to design and build systems that maintain data security while at the same time complying with court orders. We are not asking companies to provide law enforcement with unfettered access to encrypted data. We aren’t even asking companies to tell the government how they gain access to this encrypted data. All we are doing is asking companies to find a way to keep their data secure while also cooperating with law enforcement in terrorism and criminal investigations.
benton.org/headlines/encryption-without-tears | Wall Street Journal
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COURT APPROVES WARRANT RULE CHANGE
[SOURCE: Reuters, AUTHOR: Dustin Volz]
The Supreme Court approved a rule change that would let US judges issue search warrants for access to computers located in any jurisdiction despite opposition from civil liberties groups who say it will greatly expand the FBI's hacking authority. Chief Justice John Roberts transmitted the rules to Congress, which will have until Dec. 1 to reject or modify the changes to the federal rules of criminal procedure. If Congress does not act, the rules would take effect automatically. Magistrate judges normally can order searches only within the jurisdiction of their court, which is typically limited to a few counties. The US Justice Department, which has pushed for the rule change since 2013, has described it as a minor modification needed to modernize the criminal code for the digital age, and has said it would not permit searches or seizures that are not already legal. Google and civil liberties groups such as the American Civil Liberties Union and Access Now contend the change would vastly expand the Federal Bureau of Investigation's ability to conduct mass hacks on computer networks. They say it also could run afoul of the U.S. Constitution's protections against unreasonable searches and seizures.
benton.org/headlines/supreme-court-approves-rule-change-expand-fbi-hacking-power | Reuters
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SEN WYDEN RALLIES OPPOSITION TO NEW FED HACKING POWERS
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
Sen Ron Wyden (D-OR) is trying to block the Justice Department's request to expand its remote hacking powers, after the Supreme Court signed off on the proposal April 28. “These amendments will have significant consequences for Americans’ privacy and the scope of the government’s powers to conduct remote surveillance and searches of electronic devices,” warned Sen Wyden, a prominent digital privacy advocate and member of the Intelligence Committee. The proposed alteration to the little-known criminal procedure rules would allow judges to grant warrants for electronic searches in multiple locations or even when investigators don’t know the physical location of a device. The Justice Department, which has been working for years on getting the change, insists the revision to what’s known as Rule 41 is a necessary update to match the realities of modern digital investigations. But tech companies such as Google, computer scientists and privacy advocates have decried the potential update, which they believe would give the FBI the authority to hack computers with little oversight. The Supreme Court OK'd the change April 28 and passed the request along to Congress for final approval. If lawmakers give the thumbs-up, or do nothing, the change would go into effect in six months. Sen Wyden said he will soon introduce legislation that would block the revision. “Under the proposed rules,” Sen Wyden said, “the government would now be able to obtain a single warrant to access and search thousands or millions of computers at once.” “And the vast majority of the affected computers would belong to the victims, not the perpetrators, of a cybercrime,” he added.
benton.org/headlines/sen-wyden-rallies-opposition-new-fed-hacking-powers | Hill, The
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OWNERSHIP
DREAMWORKS BOUGHT BY COMCAST IN $3.8B DEAL
[SOURCE: New York Times, AUTHOR: Brooks Barnes, Emily Steel]
Hollywood’s smallest publicly traded entertainment company, DreamWorks Animation, threw in the towel after a turbulent 12 years, agreeing to sell itself to Comcast’s sprawling NBCUniversal in a deal valued at a hefty $3.8 billion. The purchase means greater competition for the Walt Disney Company, the world’s largest entertainment company. NBCUniversal plans to use DreamWorks Animation properties, which include “Kung Fu Panda,” “How to Train Your Dragon” and “Shrek,” to bolster its fast-growing theme parks and move deeper into toys and children’s television. The deal will pay DreamWorks Animation shareholders $41 a share in cash, more than 50 percent over its closing price on April 26, when news of a possible deal emerged. Jeffrey Katzenberg, the founding chief executive of the studio, who is expected to reap nearly $400 million from the deal, will become a consultant to NBCUniversal and serve as chairman of a new entity called DreamWorks New Media. Stephen B. Burke, NBCUniversal’s chief executive and senior vice president of Comcast, in a statement cited DreamWorks Animation’s “dynamic film brand and deep library of intellectual property” as reasons for the deal. “DreamWorks will help us grow our film, television, theme parks and consumer products businesses for years to come.” Burke said Chris Meledandri, the chief executive of Illumination, Universal’s animation division, would oversee the DreamWorks Animation business. Katzenberg’s new entity will be made up of assets like AwesomenessTV, a digital network and studio aimed primarily at teenage girls.
benton.org/headlines/dreamworks-animation-bought-comcast-38-billion-deal | New York Times | The Hill | Washington Post | New York Times
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LABOR
T-MOBILE ACCUSED OF FIGHT A REAL UNION BY CREATING A FAKE ONE
[SOURCE: Bloomberg, AUTHOR: Josh Eidelson]
For more than a decade, the Communications Workers of America has been trying to unionize T-Mobile, the US subsidiary of German giant Deutsche Telekom, which is now the third-largest US wireless carrier. The campaign has so far won only two union contracts, covering about 30 of T-Mobile’s roughly 45,000 employees. Now CWA is alleging to the National Labor Relations Board (NLRB) that T-Mobile has adopted an anti-union tactic that’s been illegal since 1935: creating a company-controlled union to drain support for an independent one. “It’s a little bit flattering,” says CWA organizer Josh Coleman, a former employee. “We have momentum; the company’s trying to stop it by copying our union.” CWA says that in June 2015, Brian Brueckman, a T-Mobile senior vice president, sent employees an e-mail announcing “another big step to ensure your voice is heard” by management—the nationwide rollout of a group called T-Voice, composed of employee “representatives” from each call center, selected every six months by the company. “T-Voice is your voice,” Brueckman wrote in his e-mail, the first of several messages to employees that CWA contends contradict federal labor rules. T-Mobile didn’t respond to interview requests for this story. But in an e-mail last December, a company manager in Missouri described T-Voice as “a direct line for Frontline feedback to senior leadership” and said that T-Voice representatives would be bringing “pain points” from workers to management and “tracking and communicating resolution back to the team.” T-Mobile also has cited T-Voice’s input in e-mails to workers announcing perks such as spa days for longtime employees, free Wi-Fi, and cell phone charging station
benton.org/headlines/t-mobile-accused-fighting-real-union-creating-fake-one | Bloomberg
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