October 2016

Ex-con fights for prisoner rights and battles censorship

Paul Wright has been fighting to get Prison Legal News into America’s prisons and jails for more than 25 years. Part journalist, part prisoner-rights advocate, part First Amendment crusader, Wright says his monthly publication doesn’t get a warm welcome from corrections officials whose institutions and practices are often criticized in its pages. The newsletter, Wright says, “is frequently censored by prison or jail officials around the country who are hostile to an independent media that foc

us on prison and jail issues.” Wright’s latest legal battle is in Florida, where the Department of Corrections has been impounding issues for more than a decade based on some of the newsletter’s advertisements, including those for three-way calling services and prison pen pals. Wright sued the department, arguing that the ban violated freedom of speech and the press as protected by the First and 14th amendments. A federal district court ruled in August 2015 that the Florida department’s rule and its application did not violate the First Amendment; however, the court found that there was a due-process problem with how officials confiscated the newsletter. Both sides have appealed to the 11th US Circuit Court of Appeals at Atlanta. While the battle in Florida continues, Wright and his colleagues have been successful in many other legal battles to get PLN inside prison walls. His organization has even attracted the services of a former US solicitor general.

Set Top Box Endgame

Since the set top box deliberations presumably will continue in coming weeks, it seems appropriate and necessary to outline the problem areas I see preventing a conclusion:

Federal Communications Commission Control of the Model License and API: Some have proposed replacing provisions in earlier versions that provided explicit FCC review and approval roles with active FCC monitoring and threats of future action if progress is deemed unsatisfactory.
The Myth of Universal Search: One of the benefits of the item touted by proponents is that it will enable a competitive market in so-called “universal” or “integrated” search apps.
Questionable Feasibility: A key component of this item is a requirement that every multichannel video programming distributor with over 400,000 subscribers develop and support a native app for every widely deployed operating system.
Opening the Door to the App Tax: Today, many of the widely deployed platforms usually receive an upfront fee or cut of revenues from software developers to have their apps made available on these very popular platforms.
Competition from Pirated Content: Programmers and MVPDs have registered valid concerns that the third party integrated search engines contemplated by the item would result in pirated content being displayed in search results alongside legitimate MVPD content.
Substantively, the only way to fix the item is to address the key problems and flaws identified above. Only by doing so would a true app-centric approach be workable for most of the affected companies. More importantly, it’s the only way to get a resolution that would benefit consumers by eliminating the set top box altogether for those interested.

USTelecom Names Technology Leader Jonathan Spalter as New CEO

USTelecom announced it has selected veteran technology leader Jonathan Spalter to be President and Chief Executive Officer, effective Jan 1, 2017. Spalter brings a blend of public policy, entrepreneurial and executive experience to USTelecom’s helm. For the past eight years, he has served as chair of Mobile Future, the national wireless technology association. He has a long track record leading innovative technology companies in the US, Asia/Pacific, and Europe. He also held key positions in national security policy and technology management in the Clinton Administration. Spalter will replace Walter B. McCormick, Jr. who is retiring after 16 years of service.

Spalter is a veteran of President Bill Clinton’s Administration where he served as Associate Director of the United States Information Agency and also managed the agency’s global technology resources as Chief Information Officer. In the Clinton White House, he served on the staff of the National Security Council and as Vice President Al Gore’s chief international affairs spokesperson and speechwriter. He also was a policy aide to the Undersecretary of Defense for Policy at the Pentagon. In the private sector, Spalter’s executive roles include serving as CEO of Snocap, the digital content services company founded by the creators of Napster. He also was CEO of Atmedica Worldwide, the online healthcare affiliate of the Fortune 100 telecommunications and media company Vivendi Universal, where he also served as Executive Vice President for Business Development and Strategy at its Internet subsidiary VivendiNet; and as the group's Senior Vice President for global public policy. He has been an advisor to and board member of cutting-edge technology companies, financial institutions, and not-for-profit organizations in Silicon Valley and beyond.

A graduate of Harvard College and Cambridge University, he currently resides in the Bay Area of California with his wife Carrie Goux, the Vice President of Communications at GreatSchools, the Oakland-based non-profit, and their four children.

Frontier Drops Opposition to Price Caps After Reaching Deal With Sprint

Telecommunication companies Sprint, Frontier Communications and Windstream Services released a joint filing to the Federal Communications Commission expressing their support for upcoming FCC rules that may place price caps on the data services that power transactions at retail outlets and ATMs. They simultaneously urged the commission to adopt a tiered approach to the new rules for business data services, or BDS, that would favor smaller carriers.

The filing marked an about-face for Frontier, which has long resisted changing the market in which bulk data connections are sold directly to businesses from phone companies. Frontier said the latest agreement is satisfactory. “Yesterday’s filing by Frontier, Windstream, and Sprint reflects a consensus approach which affords the smaller price-cap carriers a reasonable transition period to adjust to potential reductions to BDS rates,” spokesman John Puskar said in a statement.

Good-Bye, GigaPower, Hello ‘AT&T Fiber'

AT&T said it will deliver gigabit service to 11 more metro areas as it also drops the “GigaPower” name and starts to employ a new umbrella brand -- AT&T Fiber. The additional metros that will get 1-Gig from AT&T Fiber include Gainesville and Panama City (FL); Columbus (GA); Central Kentucky; Lafayette (LA); Biloxi-Gulfport and Northeast Mississippi; Wilmington (NC); Southeastern Tennessee and Knoxville; and Corpus Christi (TX). AT&T said the expansions increase its commitment to bring gigabit service to parts of at least 67 metros, and expects to have 45 of them online by the end of 2016. AT&T Fiber service is already deployed in 29 metro areas spanning 3 million “locations,” the company said, noting that it’s on track to exceed 12.5 million locations planned by mid-2019.

T-Mobile now throttling mobile hotspots when network is congested

T-Mobile USA has begun throttling mobile hotspot data when its network is congested while giving priority to smartphones and other devices that connect directly to the cellular network. T-Mobile has been notifying customers of the change with a message that says, "We just made your network better again" and that "T-Mobile device data comes first." "We've primed the network for on-device use," the carrier says on its website. "So now when there's congestion, you may notice higher speeds for data on your T-Mobile devices versus Smartphone Mobile Hotspot (tethering)."

Prioritization of on-device data is triggered "at times and at locations where there are competing customer demands for network resources, which may result in slower tethering speeds," T-Mobile also says. That means your smartphone should still be fast, but devices like laptops that connect to the phone's mobile hotspot will get slower Internet access. T-Mobile is making this change as it tries to shift customers from data buckets to plans that are nominally "unlimited" but in reality have several limits. The recently unveiled T-Mobile One plan has no monthly data cap or overage fees, but it throttles video to 1.5Mbps (enough for about 480p resolution) and throttles other data usage when customers who have used more than 26GB in a month connect to congested cell towers.

Charter Sues Louisville Over Disparate Video Treatment

Charter Communications has filed suit against the city of Louisville (KY) over what it says are materially more burdensome regulations and franchise obligations it is subject to relative to video competitors Google Fiber and AT&T's U-verse. Wearing its First Amendment hat, Charter said that the government "may not favor one similarly situated member of the press or other speaker over another without special justification," which it said Louisville Metro lacked.

Given that the city refused to lighten Charter subsidiary Insight Kentucky Partners's regulatory load to bring it in line with its competitors, Charter said it had no choice but to head to court. (Charter acquired the Louisville market in 2016 after merging with Time Warner Cable.) The suit was filed in the US District Court for the Western District of Kentucky. Charter's main points are that it is simply asking for the equal treatment state and federal law allows; that consumers will suffer if competitors can move its wires around without telling Charter and that treating competitors differently hurts, rather than promotes, cable competition.