December 10, 2012 (Ownership; Crunch time in Dubai?)

   John Silva, Maker of ‘Telecopter’ Camera, Dies at 92 [links to web]

BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY, DECEMBER 10, 2012

World Conference on International Telecommunications continues today and the Technological Advisory Council meets at the FCC http://benton.org/calendar/2012-12-10/


OWNERSHIP
   They Want to do What Now? The FCC’s Media Ownership Proposal - analysis
   FCC Moving the Wrong Way on JSAs - editorial
   Facebook Likely to End Experiment With Democracy
   Why Apple Got a ‘Made in U.S.A.’ Bug [links to web]

INTERNET/BROADBAND
   First WCIT-12 Resolution approved and applauded - press release
   Eye on Dubai: Predictions on U.N. Internet Regulations - analysis [links to web]
   Would-Be Internet Regulators Need Deleting - editorial [links to web]
   ITU’s Touré: Key Treaty Issue Can Be Resolved
   Crunch time for US negotiators working to keep Internet rules out of UN treaty
   Cyber Early Warning Deal Collapses After Russia Balks
   Will the Feds Change How They Handle Cybersecurity in 2013? [links to web]
   Senate cybersecurity measure worries contractors [links to web]
   DC Federal Appeals Court Extends Comment Deadline in Network Neutrality Challenge
   The Real-World Cost of 'Tax Free' Online Shopping - op-ed [links to web]
   FCC's Internet authority in balance
   Happy With Broadband - op-ed
   Why Your Computer is Getting Cheaper but Your Broadband Bill Isn’t - analysis
   NTIA Suspends EAGLE-Net Broadband Construction

WIRELESS/SPECTRUM
   T-Mobile to ditch phone subsidies, go after AT&T in 2013 [links to web]
   How T-Mobile’s smartphone pricing could change the US wireless industry
   Sprint Is Said to Suggest Dish Partnership [links to web]
   Is It Time to Wean Yourself Off the Smartphone? - analysis [links to web]
   Designing for Women: The Mobile Challenge - op-ed [links to web]
   On Legacy iPhones and Cannibalization [links to web]

PRIVACY
   What New Congressional Leaders Could Mean for Online Privacy
   They Know What You're Shopping For
   A Tumultuous Trip to Mobile App Transparency
   A Vault for Taking Charge of Your Online Life [links to web]

ELECTIONS AND MEDIA
   How the Mainstream Press Bungled the Single Biggest Story of the 2012 Campaign - op-ed [links to web]
   FCC’s Plan for Fixing Its Political Ads Transparency Site? It Won’t Say

PATENTS
   Apple Joins Google in $500 Million-Plus Bid for Kodak Patents [links to web]
   USPTO may invalidate another of Apple's key multitouch patents

EMERGENCY COMMUNICATIONS
   FCC Looks to Bring More Emergency Information to the Visually Impaired

JOURNALISM
   British press-monitoring would go too far - editorial [links to web]
   Pay Wall Push: Why Newspapers Are Hopping Over the Picket Fence
   NYT editor: Journalism pre-dates newspapers and will outlast newspapers [links to web]
   Tribune resumes limited usage of Journatic [links to web]

HEALTH
   Leadership key to IT push now: Mostashari [links to web]
   Doc-office use of basic EHRs hits nearly 40%, survey finds [links to web]

KIDS AND MEDIA
   How Amazon's All-You-Can-Scroll Kindle Content Is Bad For Kids - analysis [links to web]

STORIES FROM ABROAD
   Labour draws up bill on UK press regulation [links to web]
   Telecoms Merger in Austria Could Open Door to Further Consolidation
   In South Korea, the Republic of Samsung [links to web]

MORE ONLINE
   Why Apple Got a ‘Made in U.S.A.’ Bug [links to web]
   Digital Divide Hits College Admissions Process [links to web]
   Telework Milestones [links to web]
   NCTA's Powell: Escalating Sports Costs Could Invite Government Scrutiny [links to web]

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OWNERSHIP

FCC’S MEDIA OWNERSHIP PROPOSAL
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
[Commentary] An issue that has been simmering in Washington has finally boiled up to the surface. And, no, we’re not talking about the fiscal cliff. This issue is media ownership in the U,S. As longtime Headlines readers know, this has been a recurring, major issue, especially in the last ten years or so. The Federal Communications Commission is trying to wrap up a review of its ownership rules as is required by law every four years. This particular review began in 2010 and FCC Chairman Julius Genachowski hoped to complete the proceeding by the end of 2012, but that ain’t gonna happen.
http://benton.org/node/141090
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JOINT SALES AGREEMENTS
[SOURCE: TVNewsCheck, AUTHOR: Harry Jessell]
[Commentary] The word I'm getting out of the Washington is that the Federal Communications Commission may prohibit the formation of new virtual duopolies through joint sales agreements and give broadcasters two years to unwind existing ones. That's the wrong way to go. It should be relaxing the rules to allow more combos or at the very least grandfathering the existing ones. The foes of media consolidation are correct in saying the duopolies reduce the number of independent voices, but those voices are fading away anyway. The could take the advice that Sinclair General Counsel Barry Faber gave when he visited the FCC this week: just punt. In a new and separate proceeding, the FCC could build its own database of duopolies and virtual duopolies and do a serious analysis of their impact on broadcasters and their viewers. But if the FCC is determined to crack down on the virtual duopolies, it should at the very least grandfather the existing combos and avoid a major disruption in the industry and the likely devaluation of publicly traded, duopoly-heavy groups like Nexstar and Sinclair.
benton.org/node/141139 | TVNewsCheck
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FACEBOOK’S DEMOCRACY EXPERIMENT
[SOURCE: New York Times, AUTHOR: David Streitfeld]
A half-million Facebook users have told the social network they do not want the company to change its privacy policy. Sounds impressive, right? Well, the only way that crowd will get its way and the status quo remain intact is if an additional 300 million people vote thumbs down before Dec 10. Odds of that happening? About zero. But the really interesting change is that Facebook is proposing to end this system of direct voting, which was implemented in early 2009 after a major privacy flap. The problem was that more than 30 percent of all Facebook users had to vote against a proposal for it to be binding. In the last vote, in June, the no’s outweighed the yeses by a ratio of six to one, but the total votes were less than one half of 1 percent of the users. That made the vote simply advisory. And so Facebook went ahead and implemented the changes anyway.
benton.org/node/141146 | New York Times
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INTERNET/BROADBAND

FIRST ITU RESOLUTION
[SOURCE: International Telecommunications Union, AUTHOR: Brahima Sanou]
It was heartening and appropriate that the first Resolution to be approved during the landmark WCIT-12 was all about connecting those who are still not connected. The first Resolution that has been passed at WCIT-12 by ITU Member States comes from Ad Hoc Group 3 of the Plenary and refers to special measures for landlocked developing countries (LLDCs) and small island developing states (SIDSs) for access to international optical fiber networks. Increased access to fiber optic networks plays a fundamental role in the exponential growth and rollout of broadband connectivity – essential for connection online and vital if we are to seriously advance towards real digital inclusion. The newly agreed Resolution reaffirms the right of access for landlocked countries to the sea and freedom of passage through the territory of transit countries by all means of transport, in accordance with applicable rules of international law. These transit countries, in the exercise of their full sovereignty over their territory, have the right to take all measures necessary to ensure that the rights and facilities provided for landlocked countries in no way infringe upon their legitimate interests and also recognize the importance of telecommunications and new information and communication technologies (ICTs) to the development of LLDCs and SIDSs.
[Brahima Sanou is Director of the ITU’s Telecommunication Development Bureau]
benton.org/node/141195 | International Telecommunications Union
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ITU TREATY ISSUE CAN BE RESOLVED
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
ITU Secretary-General Hamadoun Touré said that he believed the issue of who the WCIT-12 telecom treaties apply to -- operating agencies or recognized operating agencies -- would be resolved by the time the conference in Dubai ends next week. The U.S. has said that is one of the key issues at the conference, which is attempting to revamp/update International Telecommunications Regulations. "There is no real contradiction with other positions," he said. "I believe that, as a negotiator, I see things in common. What is happening is that one camp tells you what it wants to see in the document, the other camp is telling you what it doesn't want to see. In reality they are saying the same thing. The discussions are ongoing, and we will see what are the issues that may be difficult for each of the two parties, and then we will come to compromises. I am sure this issue will be resolved." For Ambassador Terry Kramer's part, he has said that the U.S. is not likely to negotiate on the definition issue because of the "scope creep" of expanding the definition. "Scope creep" just about sums up the U.S. concerns about the conference in general.
benton.org/node/141117 | Broadcasting&Cable
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CRUNCH TIME IN DUBAI
[SOURCE: The Hill, AUTHOR: Jennifer Martinez]
Member countries of the International Telecommunication Union are holding a series of informal meetings over the weekend to try to reach consensus on the scope of the treaty, among other matters. Delegates have been meeting around the clock to complete their work on the treaty before the conference ends. Despite the time crunch, ITU Secretary General Hamadoun Touré expressed confidence that member countries would find consensus on whether the treaty would apply to so-called operating agencies, which include players from the Internet sector. Members of the U.S. delegation, led by Ambassador Terry Kramer, are pushing back against proposals from Russia and other countries that want to include measures in the treaty that apply to the Internet. But there's still another battle brewing on the horizon for the US. The conference has not yet turned its attention to a proposal that Google fears would require its video-sharing service, YouTube, and other data-heavy websites to pay tolls in order for content to be delivered across borders. The search giant has warned users about the proposal, known as "sending party network pays," in an online advocacy campaign it rolled out before the conference kicked off. Google has argued that this proposal would limit people's access to information, especially in developing countries, and threatens the future of a "free and open" Internet. Touré said that the member countries have not yet started discussions on payment issues. He said he hopes countries can find consensus on a proposal that sparks investment in telecommunications networks.
benton.org/node/141166 | Hill, The
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CYBER EARLY WARNING DEAL COLLAPSES AFTER RUSSIA BALKS
[SOURCE: nextgov, AUTHOR: Aliya Sternstein]
An accord involving the United States, Russia and other countries requiring that each nation provide advance warning of government cyber operations that might otherwise spark unintentional conflict collapsed after Russia dissented, U.S. officials said. The 57-nation Organization for Security and Cooperation in Europe failed to reach the unanimous consensus needed to adopt the resolution. It was aimed at building trust and open communication to avoid cyberwar. The politically-binding agreement by the United Nations-recognized organization would have operated similarly to the way that Russia and America decades ago drew red lines to avoid nuclear war. “Russia today killed in the OSCE the first-ever set of multilateral cyber confidence building measures,” a U.S. official close to the discussions said in a statement. “These proposed transparency measures, agreed affirmatively by 54 of the 56 representatives, would have established the foundation for long-term international cyber risk reduction in the political-military field.” The official called the move a “profound reversal” of two years of constructive cooperation on cyber issues across multiple international forums, including the UN.
benton.org/node/141132 | nextgov
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NETWORK NEUTRALITY DEADLINE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The U.S. Court of Appeals for the D.C. Circuit has granted Verizon and MetrocPCS' request for two more weeks beyond its previous Dec. 6 deadline to file reply briefs in their challenge to the Federal Communications Commission's open Internet order, as well as a few more words to make their case. The court extended the deadline for the briefs to Dec. 21 and replies to those replies on Jan. 4, with final briefs Jan. 18. The court has yet to schedule oral argument.
benton.org/node/141142 | Broadcasting&Cable
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VERIZON VS FCC
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
A federal court is currently considering a case that could determine how much power the Federal Communications Commission has over the primary communications tool of the 21st century: the Internet. Liberals and consumer advocates fear that if the FCC loses, it will become a neutered and outdated agency, unable to protect consumers in the modern marketplace. But conservatives claim that if the FCC wins, the agency will be emboldened to adopt more invasive and burdensome regulations of the Internet. The case, which is before the Court of Appeals for the D.C. Circuit, is Verizon's challenge to the FCC's controversial net neutrality rules. The regulations, adopted by the commission in late 2010, prohibit Internet service providers from slowing down or speeding up access to websites. Cellphone carriers are barred from blocking apps that compete with their own services.
benton.org/node/141206 | Hill, The
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HAPPY WITH BROADBAND
[SOURCE: New York Times, AUTHOR: John Sununu, Harold Ford Jr]
[Commentary] We disagree with David Cay Johnston’s Op-Ed article on the state of competition in the broadband industry (“Bad Connections,” Nov. 28). First, surveys show that the American people — 93 percent, according to one Federal Communications Commission survey — are happy with their broadband Internet service. Second, nearly 90 percent of all Americans can choose from two or more wireline competitors and at least three wireless broadband providers, most of whom now provide some of the fastest 4G LTE broadband networks in the world. Meanwhile, new fiber optic, satellite and wireless choices keep emerging. Third, during the past four years, broadband providers invested $250 billion in the nation’s broadband infrastructure, while other industries sat on their cash. Fourth, unlike many other consumer products, the monthly prices for broadband Internet have remained relatively constant, while average speeds have increased by 900 percent or more. Free-standing broadband service is now routinely available for $20 to $30 a month. And regarding Johnston’s comparison of French to American bundled services: American bundles tend to cost more because Americans have access to the best video content in the world — far superior and more varied than video content available in France — and great content costs money.
benton.org/node/141213 | New York Times | see David Cay Johnston's piece
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WHY YOUR BROADBAND BILL ISN’T GOING DOWN
[SOURCE: GigaOm, AUTHOR: Rani Molla]
Using the most recent data from the Bureau of Labor Statistics, we compared the prices of wireline broadband to that of computers, computer software, and wireless cell phones. We also tracked those against the entire Consumer Price Index. Here’s what we found: While the price of these other technology-driven products and services has continued to fall over the last few years—personal computer prices have dropped over 44 percent in five years—the prices for wireline broadband have mostly been flat. So why haven’t wireline broadband prices budged in recent years? The high, fixed costs of broadband means that there hasn’t been a big rise in competition among providers, according to Scott Wallsten, Vice President for Research and Senior Fellow at Technology Policy Institute. Indeed, most Americans don’t have more than two options when it comes to wireline broadband providers. In the meantime, people who don’t have broadband want it badly and the for those who do have it, it’s become increasingly indispensable. The result is that there hasn’t been much downward pressure on prices.
benton.org/node/141109 | GigaOm
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BTOP ENVIRONMENTAL CONCERNS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The National Telecommunications and Information Administration has temporarily suspended the EAGLE-Net Alliance's broadband build-out, to schools and libraries, which is being partially underwritten by stimulus funding under NTIA's Broadband Technology Opportunities Program (BTOP). "Yesterday, EAGLE-Net Alliance (ENA) was instructed by the National Telecommunications and Information Administration (NTIA) to temporarily suspend current construction activity while we provide them additional information about our project," the alliance said. "We take this very seriously and are working closely with the NTIA to provide this information in order to resume construction as quickly as possible." But ENA suggested it was not a big deal anyway. "Although construction has been temporarily postponed, it was already winding down for the 2012 build schedule. Our non-construction related operations will not be affected." “NTIA has suspended the project and required EAGLE-Net to stop work in order to address concerns about its adherence to environmental and cultural resources requirements," said Anthony Wilhelm, who heads up the BTOP broadband stimulus funding program. "Our expectation is that ENA will resolve these issues so that the project can quickly resume and continue to deliver broadband benefits to communities statewide."
benton.org/node/141141 | Broadcasting&Cable
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WIRELESS/SPECTRUM

VALUE PLANS
[SOURCE: GigaOm, AUTHOR: Kevin Fitchard]
T-Mobile’s decision to end phone subsidies is upending the established business and device distribution models of the U.S. wireless industry, separating the handset from the service. It’s a model that’s thrived in Europe and other countries, but it’s one that’s failed to gain traction in the U.S. except in the prepaid market, namely because U.S. consumers like getting even the most sophisticated high-end phones on the cheap. In T-Mobile’s Value Plan customers pay the full cost of their device, either up front or in installments, or bring their own compatible handsets. In exchange, T-Mobile will offer them cheaper rates, in many cases $20 a month cheaper than it would charge for a subsidized phone plan. Do the math: that’s $480 in savings over two years, which in many cases is much more than the up-front discounts operators are offering on subsidized phones (For instance, a Samsung Galaxy S III subsidy on T-Mobile is $350 including rebate). Given that T-Mobile’s subsidized rates are already much cheaper than its major competitors, the savings from T-Mobile’s Value Plans are compounded. The repercussions of T-Mobile’s strategy will be felt far beyond the point-of-sale and monthly bill, though. If successful, T-Mobile’s elimination of subsidies could have a huge impact throughout the U.S. mobile ecosystem, changing how we value our devices and our relationships with our carriers and handset manufacturers.
The rise of phone financing
Greater portability of handsets between carriers
Less carrier control
A larger selection of devices
Huawei and ZTE could become household names
The development of a vibrant phone resale market
benton.org/node/141135 | GigaOm
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PRIVACY

THE NEW CONGRESS
[SOURCE: AdAge, AUTHOR: Kate Kaye]
The online advertising industry lost an ally on a key House subcommittee when Rep. Mary Bono Mack (R-CA) lost reelection in November and learned this week that pro-business Sen. Jim DeMint (R-SC) is resigning his post. But opponents of privacy legislation -- the Interactive Advertising Bureau and other ad trade organizations among them -- have gained a bit more prominence in the appointment of Rep. Marsha Blackburn (R-TN) as vice chair of the full House Commerce Committee. Rep Blackburn has described the Federal Trade Commission's approach to privacy regulation as "an unintended Internet kill switch." Rep. Lee Terry (R-NE) will lead the House Commerce Committee's Commerce, Manufacturing and Trade Subcommittee, which oversees consumer protection, privacy and data security issues. His district encompasses Omaha, which is "home to more than three dozen telemarketing centers." He has been a proponent of legislation supporting telemarketing rights and last year sponsored a bill allowing companies to make robo-calls to mobile phones. He pulled that bill following a public outcry. Both Reps Blackburn and Terry co-sponsored the much-maligned Stop Online Piracy Act, and both later withdrew support.
benton.org/node/141162 | AdAge
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THEY KNOW WHAT YOU’RE SHOPPING FOR
[SOURCE: Wall Street Journal, AUTHOR: Jennifer Valentino-Devries, Jeremy Singer-Vine]
The widening ability to associate people's real-life identities with their browsing habits marks a privacy milestone, further blurring the already unclear border between our public and private lives. In pursuit of ever more precise and valuable information about potential customers, tracking companies are redefining what it means to be anonymous. The use of real identities across the Web is going mainstream at a rapid clip. A Wall Street Journal examination of nearly 1,000 top websites found that 75% now include code from social networks, such as Facebook's "Like" or Twitter's "Tweet" buttons. Such code can match people's identities with their Web-browsing activities on an unprecedented scale and can even track a user's arrival on a page if the button is never clicked. In separate research, the Journal examined what happens when people logged in to roughly 70 popular websites that request a login and found that more than a quarter of the time, the sites passed along a user's real name, email address or other personal details, such as username, to third-party companies. One major dating site passed along a person's self-reported sexual orientation and drug-use habits to advertising companies.
benton.org/node/141160 | Wall Street Journal
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MOBILE APP TRANSPARENCY
[SOURCE: New York Times, AUTHOR: Natasha Singer]
Mobile apps are the Trojan horses of our smartphones. We think they’re free, or nearly free, and invite them in — without always knowing exactly what’s inside. Apps often collect all kinds of information from our smartphones, like our contact lists and data on our precise locations. Both Android and iPhone apps are supposed to ask users’ permission first. But many people probably don’t know that third parties, like ad networks, analytics companies and data brokers, may also gain access to that information, security experts say. Now, a new joint effort of the app industry and advocacy groups is working to give consumers more clarity on this issue. Last month, the coalition — it includes the Application Developers Alliance, the American Civil Liberties Union, Consumer Action and the World Privacy Forum — proposed that mobile apps voluntarily display standardized, short-form notices that would list the main types of data they collect and the entities with which that information is shared. The idea came in response to a federal effort to update consumer privacy rights for the digital era.
benton.org/node/141210 | New York Times
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ELECTIONS AND MEDIA

FCC AND POLITICAL AD TRANSPARENCY
[SOURCE: ProPublica, AUTHOR: Justin Elliott]
When the Federal Communications Commission passed a rule earlier this year to require TV stations to post political ad buying information online, public interest groups (and ProPublica) welcomed the policy as a means to get an unprecedented look at how billions of campaign dollars flow around the country. But, in practice, attempts to create a full picture of political ad spending from the TV station files exposed deep flaws in the FCC’s effort as well as spotty compliance by the stations themselves. “The reviews are abysmal,” says Campaign Legal Center Policy Director Meredith McGehee, who has been tracking the issue closely as a member of the Public Interest Public Airwaves Coalition. “The information posted has not been as helpful as expected.” Now, the commission is refusing to even talk about the future of its own transparency initiative.
benton.org/node/141112 | ProPublica
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PATENTS

APPLE PATENT INVALIDATED
[SOURCE: ars technica, AUTHOR: Chris Foresman]
The United States Patent and Trademark Office has issued a first Office action declaring all twenty claims of one of Apple's key multitouch patents invalid. The decision isn't final, but Apple will have its work cut out for it in order to overturn the initial ruling before it's set in stone. US Patent #7,479,949, claiming a "[t]ouch screen device, method, and graphical user interface for determining commands by applying heuristics," essentially covers iOS's ability to respond when a user is trying to scroll vertically in a document, or trying to move around within the document in multiple directions. It also covers iOS's ability to discern the difference between swiping among images in a gallery, or panning or zooming within the image. The patent is sometimes referred to as the "Steve Jobs patent," as Jobs' name is listed first among the many Apple engineers cited as inventors of the patented claims.
benton.org/node/141154 | Ars Technica
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EMERGENCY COMMUNICATIONS

EMERGENCY INFO AND THE VISUALLY IMPAIRED
[SOURCE: CommLawBlog, AUTHOR: Peter Tannenwald]
The Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), Congress aimed to ensure that folks with disabilities have “better access to video programming”. In the two years since the CVAA was enacted, the Federal Communications Commission has taken multiple steps to comply with that statutory direction. But one important component of “video programming” remains to be addressed: emergency information during non-news programs. Existing rules already provide that all pertinent emergency information broadcast during regular or special newscasts must include an aural component for visually impaired persons. But what about announcements broadcast outside of newscasts? The FCC has issued a Notice of Proposed Rulemaking (NPRM) looking to expand the existing rules to require that emergency information be provided aurally using the same secondary audio stream that is now used for various purposes.
benton.org/node/141131 | CommLawBlog
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JOURNALISM

NEWSPAPER PAYWALLS
[SOURCE: New York Times, AUTHOR: David Carr]
When The Wall Street Journal broke the news that The Washington Post was likely to start charging for online content sometime next year, it should not have come as a surprise, but it did. The shock had something to do with the certainty that Donald Graham, chairman of the Washington Post Company, has always displayed on the subject. He has long had serious reservations about putting the work of his company’s journalists behind a wall. But now The Post is contemplating a model in which the homepage and section fronts will be free, but the rest will require a subscription, which is a pretty nifty way to allow for snacking while hoping that people stick around to eat. So what changed? Everything and nothing. The Post, give or take elections, is still a regional business. But the newspaper has been working the cost side of the ledger relentlessly and reaching diminishing returns. New revenue had to become part of the picture at some point.
benton.org/node/141143 | New York Times
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STORIES FROM ABROAD

AUSTRIAN TELECOM MERGER
[SOURCE: New York Times, AUTHOR: Kevin O’Brien]
For nearly a decade, financial analysts have expected a wave of mergers and acquisitions to sweep Europe’s fragmented telecommunications sector, consolidating the region’s 102 mobile operators and creating a more efficient market. But for years, the telecommunications landscape has remained largely unchanged, with three or four operators still fighting winnowing, zero-sum battles to steal customers from one another in saturated national markets. This month, the European competition commissioner, Joaquín Almunia, is expected to approve a combination of two mobile carriers in Austria, 3Austria and Orange Austria, reducing the number of network operators in that country to three. But it could also set a precedent that makes other telecommunications takeovers easier, said Beranger Guille, an editor in London at Mergermarket, an information service covering mergers and acquisitions.
benton.org/node/141174 | New York Times
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