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April 2016

NAB President Smith: TV For All, Not Broadband For Some

National Association of Broadcasters President-CEO Gordon Smith took a shot at the Federal Communications Commission for trying to create an America of television haves and have-nots. In his opening speech at the association’s annual gathering in Las Vegas (NV) he said:

“Lately, some at the FCC have been so enamored with mobile broadband and Silicon Valley that the Commission’s policy choices have unwittingly put us on an unnecessary collision course toward two Americas — one where the video future is available to those who can afford to pay, and one where they cannot. I’ve said this before but it bears repeating: There is no ‘higher and better use of spectrum’ than serving diverse audiences with free and local TV programming for all citizens. And if the FCC chooses to tip the scales on retransmission consent rules, upending the right for broadcasters to fairly negotiate for the value of their signals and, then, providing more advantages for big pay TV companies, they may guarantee that the content viewers most need, the content they most want and enjoy, well then that content will only be available to those who can afford it. Remember, a broadcast signal is always available with an antenna — and broadcast content is consistently the highest rated and the most watched on television. No one but local broadcasters provide this free, ubiquitous public service. It seems everyone wants what we have — our content and our spectrum — but nobody wants to do what we do — live and vital localism. These unique qualities of broadcast TV should be cherished by the FCC, rather than ensuring its availability only to the wealthy."

China Cracking Down on Children on Reality TV

Children can be cute, giggly and prone to tantrums. But according to China’s top broadcast regulator, what they can no longer be is featured on Chinese reality television. In new guidelines issued by the State Administration for Press, Publication, Radio, Film and Television, children — especially children of celebrities —have been banned from participating in reality television shows. The aim of the ban, said the state-run news agency, Xinhua, is to protect the children from the pitfalls of “overnight fame.” The regulations are the latest in the government’s continuing efforts to rein in the fast-growing online television industry.

In March, new rules issued by two industry associations, including one state-sanctioned organization, outlined a comprehensive policy that included a ban on depictions of gay relationships, underage romance, extramarital affairs, smoking, witchcraft and reincarnation. Some experts said the latest guidelines appeared to be aimed specifically at hugely popular shows like Hunan Television’s “Where Are We Going, Dad?” and Zhejiang Television’s “Dad Is Back,” both of which feature children of celebrities.

Davis Wright Tremaine
Tuesday, April 26, 2016
2:00 – 3:00 p.m. EDT
http://www.openinternetlaw.com/2016/04/open-internet-webinar-2/

As the Obama Administration winds down, the FCC has moved forward with a series of Internet-related initiatives in quick succession including new rules impacting Lifeline and Open Internet and proposed privacy rules. Please join us as we discuss the latest orders and NPRMs, how they intersect, and how the new rules and proposals will impact your business. We will also discuss the reaction on Capitol Hill and an interesting regulatory matter involving Facebook and India and how it relates to the U.S.

AGENDA

  1. Privacy NPRM, presented by Christin McMeley
  2. Transparency & disclosure, presented by K.C. Halm & Adam Shoemaker
  3. Capitol Hill update, presented by Kim Bayliss & Steve Perry
  4. Broadband Lifeline, presented by Danielle Frappier
  5. Zero Rating – Facebook’s India Experience and Beyond, presented by Mike Sloan

MODERATOR: Jim Tomlinson

Join the conversation on social media: #DWTOpenInternet


Berkman Center for Internet & Society at Harvard University, MIT’s Internet Policy Research Initiative (IPRI), and the MIT Media Lab
Tuesday, April 19, 2016
12:30 pm - 1:30 pm
https://cyber.law.harvard.edu/events/2016/4/Buttarelli

An intimate discussion with European Data Protection Supervisor Giovanni Buttarelli about the changing landscape of data collection and usage, and the global impact it has on the individual. Buttarelli will focus on his office’s flagship project of exploring the ethical dimension to data protection and privacy, and its implications for business, governments and regulators.

Giovanni Buttarelli has been European Data Protection Supervisor since December 2014. Before joining the EDPS, he worked as Secretary General to the Italian Data Protection Authority, a position he occupied between 1997 and 2009. A member of the Italian judiciary with the rank of Cassation judge, he has attended to many initiatives and committees on data protection and related issues at the international level.

This event is free and open to the public. Food will be served.


Cost or Benefit? A Review of the Consumer Federation of America’s Report on Regulating Special Access Services

In this perspective, I provide a detailed review of the Consumer Federation of America’s attempt to calculate a “big number” in the context of the Federal Communications Commission’s development of a new regulatory scheme for special access services. CFA’s claim is based on a method that is internally inconsistent, economically unsound, and computationally flimsy. Justifiable changes in CFA’s assumptions results in multi-billion dollars reductions in economic output and the method leads to ridiculous policy prescriptions. Is there market power in special access markets? Perhaps. But poorly crafted and clumsily implemented efforts to measure revenue changes are entirely unhelpful.

What the Commission needs to know is how to properly define market power in these markets, “how much” market power there is, and if the answer is “a lot,” then what regulations, if any, can be designed and implemented that will make society better off.33 Thus far, the Commission and the advocates for more regulation have no reasonable plan. By far, however, the most critical misunderstanding in the Commission’s thinking is its failure to trace out the implications of its choice for market definition. If special access services are sold in markets defined as individual customers, then there is countervailing market power. Economic theory indicates that regulation cannot improve economic welfare under such conditions. Nevertheless, the Commission, the alleged “expert” agency, blindly proceeds to develop regulations incompatible with its own characterization of special access services.

Municipal Broadband Debate: Should Broadband be Free?

[Commentary] The municipal broadband debate often centers on the role municipal governments should play in delivering broadband to its citizens. Many municipals are entering the broadband access business by building and operating their own networks. Others are building public-private partnerships and inviting private broadband access providers to work in concert with them for better broadband. Danbury (CT) is adding an interesting twist to this debate, by suggesting a public-private municipal broadband service should lead to free broadband service.

The concept, according to a Danbury News Times report, would have a private broadband service provider build and operate a broadband network that offers a minimum 20 Mbps service. The service would be offered for $15/month for five years, then drop to $5/month for an additional five years. The service would then become free. The idea is this approach would pay for the network and the eventual ‘free’ access will prevent a digital divide, as well as bring economic development to the region. At least that’s how Danbury Mayor Mark Boughton sees it. “After five years, because the infrastructure will be built out, it will go down to $5 a month, and then five years after that the rate should go down to zero,” Mayor Boughton said. “It will be self-sustaining with new enrollees.” The Connecticut city is conducting a phone survey of its citizens to gauge interest. Mayor Boughton says that at least 50% of the city’s 50,000 residents need to support the concept for it to work.

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