BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, DECEMBER 7, 2011
The FCC is hosting the Broadband Adoption and Persons with Disabilities Inquiry Workshop http://benton.org/calendar/2011-12-07/
OWNERSHIP
Broadcasters Press Supreme Court to Overturn TV, Radio and Newspaper Ownership Rules
Lawmakers tell FCC to preserve local media ownership rules
CONTENT
Patrick Leahy and Lamar Smith: We'll shepherd piracy bill through like patent law
Chairman Leahy Calls On Critics To Offer Legislation Instead Of 'Talking Points'
Postal Service Cutbacks Add New Light to Netflix Saga [links to web]
Verizon to take on Netflix with Web service
Lawmakers worry about terrorists on Twitter [links to web]
Library Wars: Amazon and Publishers Vie for Control of E-Book Rentals
Fate Of Netflix-Facebook Integration In Hands Of Congress--Right Now!
As Email Wheezes Toward The Grave, We Contemplate A DNR
TELEVISION/RADIO
Government Files Reply Brief in Indecency Challenge
FCC to Contest-Conducting Stations: Present Prizes Pronto! - analysis [links to web]
A Moment in the Sun for Television [links to web]
INTERNET/BROADBAND
Plan for Online Freedoms Stalls at European Meeting
Comcast: No plans for usage-based broadband pricing [links to web]
Sites using .xxx go live [links to web]
How The "Internet Of Things" Is Turning Cities Into Living Organisms - analysis [links to web]
E-Commerce Sales Are Booming, Thanks to Discounts and Free Shipping [links to web]
CYBERSECURITY
Federal Cybersecurity R&D Strategic Plan Released - press release
New cyber info-sharing measure gets nod from privacy proponents
Lawmakers begin hammering out compromise cybersecurity bill
SPECTRUM/WIRELESS
Verizon Wireless blocks Google Wallet payment app from new Nexus ‘superphone’
Verizon says not blocking Google Wallet
Groups slam Verizon for blocking Google app, say tougher net neutrality needed
Spectrum Legislation Expected to Be Rolled Into End-of-Year Bill
AT&T and Qualcomm urge FCC to not delay deal approval
Wild, Wild Wireless - editorial
MetroPCS CFO Says AT&T’s T-Mobile USA Deal Likely to Fail
Leap Enters into Spectrum Transactions with Verizon Wireless - press release
AT&T rated lowest (again) in Consumer Reports annual satisfaction survey - research
EFF asks mobile device vendors to stop opposing jailbreaking
Dutch Antitrust Investigators Visit KPN, T-Mobile, Vodafone
iPad 3, iPhone 5 with LTE? Not so fast, carrier says [links to web]
PRIVACY
Carrier IQ: Not so invasive after all
Carrier IQ downplays 2010 patent request
Weitzner: White House privacy paper imminent
House Passes Bill Amending Video Privacy Law
Facebook Flaw Exposes Its CEO
AGENDA
Loud Commercials, Satellites on FCC’s Dec Agenda
JOURNALISM
One Nation Media Project responds to the growing diversity of public media audiences in the Los Angeles region - press release
Occupy the Mainstream Media: Why the Movement's Next Target Should Be the Press - op-ed [links to web]
OPEN GOVERNMENT
Seeking Your Input on the U.S. Open Government National Action Plan - press release
Sen Klobuchar: Cameras won’t turn Supreme Court into ‘Judge Judy’ [links to web]
POLICYMAKERS
Commissioner Michael Copps Announces His Departure from the FCC - press release
LOBBYING
Trade groups proliferate, vie for influence
MORE ONLINE
The Rise of Developeronomics - op-ed [links to web]
OWNERSHIP
APPEAL OF MEDIA OWNERSHIP RULES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Tribune, Sinclair, Bonneville, The Scranton Times, Clear Channel, Morris Communications, and the Newspaper Association of America all joined with Fox (News Corp.) to challenge not only the Federal Communications Commission's media ownership rules, but the spectrum scarcity rationale for media ownership regulations in general. In their petition that the Supreme Court review, and overturn, the Third Circuit's decision upholding most of the FCC's media ownership rules, Fox and legal friends argue that the spectrum scarcity rationale underpinning the media ownership rules (and other regulations) should be overturned -- it stems from the Supreme Court's own decision in the Red Lion case, and that, in any case, the newspaper-broadcast cross-ownership restriction violates the First Amendment and Fifth Amendment because it singles out newspapers. "The time has come for the Court to intercede and restore the full protections of the First Amendment to broadcasters," said the petitioners. "[T]he scarcity doctrine expired long ago," they said, citing a revolution in media delivery since the early 1970s when Red Lion was decided.
In a separate filing, the National Association of Broadcasters (NAB) argues that rather than resulting in dangerous monopolies, allowing broadcasters to own multiple news organs helps them improve their financial health. That in turn gives them the flexibility to invest in higher quality reporting. “By harming local television stations all over the country, the duopoly rule also directly harms the public,” the petition reads. “When a station struggles financially or ceases to operate, it loses its ability to provide the news and public affairs programming on which members of the public rely. But placing stations under common ownership, resulting in an improvement in financial stability, leads to improved local programming – both in quality and in quantity – of the kind that is critical to viewers.” Furthermore, the petition says the Third Circuit’s decision conflicts with lower court opinions related to broadcast media ownership rules, and asks the court to intervene so it can clarify the regulations.
benton.org/node/106688 | Broadcasting&Cable | The Wrap
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LETTER ON MEDIA OWNERSHIP REVIEW
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
Ten House Democrats wrote to the Federal Communications Commission urging the agency to preserve the rules that ensure competition and diversity among local media outlets. "As the Commission reviews its existing media ownership limits, we urge you to protect the public interest by promoting rules that encourage competition, localism, and diversity in all local media markets," wrote Reps. Mike Doyle (D-PA), Anna Eshoo (D-CA), Edward Markey (D-MA) and others. The letter cites protections like the newspaper-broadcast cross-ownership rule and the radio-television cross-ownership for ensuring there is competition among local news outlets by preventing one firm from buying its competitors. It also expresses concern about the impact of the Web on local outlets. "Protecting localism is a critical and longstanding goal of the Federal Communications Commission’s media ownership rules. However, today’s media marketplace reflects a troubling decline in the level of local journalism," the letter states.
benton.org/node/106709 | Hill, The
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CONTENT
PROTET IP, SOPA
[SOURCE: Politico, AUTHOR: Jennifer Martinez]
Judiciary Committee Chairmen Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX) said they intend to use the same method to push online piracy bills through Congress that they used to successfully pass the first major overhaul of the U.S. patent system in six decades. The two lawmakers, named POLITICO and POLITICO Pro's Technology Policymakers of the Year, said the proliferation of online piracy causes serious risks to public safety and costs American jobs. "Stealing is stealing. I don’t care if it’s on the Internet or you're breaking into a warehouse somewhere — it’s theft," Chairman Leahy said at POLITICO and POLITICO Pro's Policy+Politics event. But the PROTECT IP Act in the Senate and Stop Online Piracy Act in the House are no strangers to controversy. Major Web companies — including Google, Twitter and Facebook — have argued the bills would hamper future innovation online and encourage censorship on the Internet. Chairman Smith said he's working to address these concerns with SOPA before the bill is marked up next week. But his goal to is make "70 percent" of people happy with the final product. "We think we can address these concerns, but not all of these concerns," Chairman Smith said.
benton.org/node/106715 | Politico
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LEAHY WANTS TO SEE ALTERNATIVE BILL
[SOURCE: National Journal, AUTHOR: Juliana Gruenwald]
Senate Judiciary Chairman Patrick Leahy (D-VT) urged critics of his bill targeting foreign websites that offer pirated content or counterfeit products to propose legislative language on alternative ways to address the problem. "I'd love to see some legislation and not just some talking points," Chairman Leahy said when asked about a draft proposal released last week by a bipartisan group of lawmakers who oppose his bill. The Protect IP Act, which Leahy authored, was approved by the Judiciary Committee in May but has been blocked from moving to the Senate floor by Sen. Ron Wyden (D-OR). Sen Wyden and other critics, including tech companies such as Facebook, Google and Twitter, argue that Leahy's bill and a similar measure introduced in the House known as the Stop Online Piracy Act would stifle innovation and free speech and could undermine the integrity of the Internet's domain name system.
benton.org/node/106703 | National Journal
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VERIZON TO TAKE ON NETFLIX
[SOURCE: Reuters, AUTHOR: Yinka Adegoke, Sinead Carew]
Verizon Communications plans to launch a standalone service allowing customers to stream movies and television shows over the Web, in a fresh challenge to Netflix and the traditional cable TV business, according to several people briefed on the plan. The phone company is talking with prospective programming partners about the service, which would be introduced outside of markets where it currently offers its broadband and TV package, known as FiOS, these people said. That would make it available to some 85 million U.S. households. The new service could be rolled out in 2012. The package of programming would be limited in its scope, said two people with knowledge of the plans. Another person said the focus would be packages of movies similar to Liberty Media's Starz Play and Viacom's Epix or could involve children's programming from a partner such as Walt Disney Co or Viacom.
benton.org/node/106706 | Reuters | GigaOm
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E-BOOK RENTALS
[SOURCE: The Atlantic, AUTHOR: Peter Osnos]
As the digital era unfolds, the role of libraries in the distribution of e-books has emerged as a significant issue of contention. While print books are still the mainstay of most libraries, and audiobooks are accepted as a regular feature, there is considerable uncertainty about how to handle e-books. Among the six largest trade publishers, only Random House has been selling e-books to libraries without restrictions, and a spokesman said that it is now "actively reviewing" its position. Macmillan and Simon & Schuster do not sell e-books to libraries at all. Hachette and Penguin withhold their newest titles, and HarperCollins caps the number of times a book can be loaned at 26 after which, in principle, it needs to be repurchased. The soaring popularity of e-books and the dominance of Amazon and its proprietary Kindle reader have apparently made these publishers wary of the impact on sales. Smaller publishers and academic presses share those concerns and recognize that e-books could, over time, replace print books as the format of choice among students and scholars, which would seriously undermine their revenue model. About two-thirds of libraries across the country now offer some access to e-books, mostly working through OverDrive, which is the leading provider of digital books to institutions. Initially, Amazon did not make its Kindle e-books available to OverDrive. When Amazon changed that policy this past September, library patron access to e-books substantially increased, and publishers privately expressed concern that substantial numbers of e-book buyers would become borrowers instead. Steve Potash, chief executive of OverDrive, told the New York Times that connecting libraries to the Kindle "is going to bring millions of readers to the public library."
benton.org/node/106697 | Atlantic, The
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FATE OF NETFLIX-FACEBOOK
[SOURCE: Fast Company, AUTHOR: Austin Carr]
Bipartisan bill H.R. 2471 would create a way for people to expressly allow companies like Netflix or Facebook to share their video rental history on the web. And it's scheduled for a floor vote. If passed, it would correct a frustrating situation outlined by Netflix CEO Reed Hastings in September, when he joined Mark Zuckerberg on stage at the f8 developer conference to make a surprise announcement: Netflix's domestic subscribers would not be able to integrate their accounts to share films and TV shows on Facebook's open graph. Forty-four of the 45 countries where Netflix is available--in Latin America, Canada--have access to the new Facebook integration that lets them share their movie watching choices. But in the U.S., an antiquated 1988 bill called the Video Privacy Protection Act forbids the disclosure of one's video rental information--even if the renter is okay with the disclosure. So domestic subscribers of Netflix would have to wait. Seems like an easy fix--today's legislation adds a sentence-length amendment to the original law. However, the legislation, which has supporters and co-sponsors from both sides of the aisle, is facing detractors, namely one sources say is Rep. Mel Watt (D-NC).
benton.org/node/106682 | Fast Company
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DEALTH OF EMAIL?
[SOURCE: Fast Company, AUTHOR: Steven Rosenbaum]
[Commentary] It sounds kind of crazy (or crazy awesome)--a company banning email for all its employees. But this is no item from News of the Weird. Far from it. The company that banned email is Europe's largest IT company, one with 75,000 employees and $13 billion in annual revenue, which operates in 13 countries. The company, Atos, is the official IT shop for the Olympic games. Atos CEO Thierry Breton explained that "email is no longer the appropriate communication tool," and that the "zero email" policy would be phased in over the next 18 months. Breton says he hasn't sent an email in the past three years, and that Facebook, text, and the phone will replace email for his company, as they prepare for a new wave of usage and behavior. By 2014, the technology research group Gartner predicts social networking services will replace email as the principal method of interpersonal communications for 20% of business users. So, is email dead? Can we do something to change it? And should we?
benton.org/node/106681 | Fast Company
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TELEVISION/RADIO
GOV RESP0NSE ON INDECENCY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Communications Commission and the Department of Justice defended the FCC's indecency enforcement policy and branded the broadcaster and creative community challenge to its enforcement regime as an "audacious attempt" to overturn Congress' judgment that kids should be protected from indecent material "on the public airwaves." That came in a reply brief from the Solicitor General to the Supreme Court on behalf of the Obama Administration and the FCC asking the court to reverse lower court decisions smacking down the FCC's indecency enforcement policy. The Solicitor General's office customarily handles Supreme Court appeals of agency decisions. The government says that if the court overturned the FCC's indecency enforcement authority, anything on cable or the Internet could show up on broadcasting in the middle of the day, and would give an absence of indecency regulation.
benton.org/node/106707 | Broadcasting&Cable
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INTERNET/BROADBAND
PLAN FOR ONLINE FREEDOMS
[SOURCE: New York Times, AUTHOR: Steven Lee Myers]
The United States and two dozen other nations called for the adoption of a declaration of freedoms in cyberspace at a European security conference here on Tuesday, but the proposal stalled in the face of opposition from Russia and countries that view the Internet as a threat to their political systems. The draft declaration, circulated at the annual meeting of the Organization for Security and Cooperation in Europe, came only two days after parliamentary elections in Russia that included a crackdown on dissent before and after the vote, with computer attacks reported on Web sites of election observers and the news media. Despite the support of more than half of the organization’s 56 member nations, including Canada and most of Europe, the proposal has no chance of being adopted because the organization acts only by consensus, allowing countries to wield a veto. Still, in the wake of the Russian elections in particular, it became a proxy for a broader debate within the organization over basic freedoms.
benton.org/node/106720 | New York Times
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CYBERSECURITY
CYBERSECURITY R&D
[SOURCE: The White House, AUTHOR: Aneesh Chopra, Howard Schmidt]
The White House Office of Science and Technology Policy released Trustworthy Cyberspace: Strategic Plan for the Federal Cybersecurity Research and Development Program, a road map to ensuring long-term reliability and trustworthiness of the digital communications network that is increasingly at the heart of American economic growth and global competitiveness. As a research and development strategy, this plan defines four strategic thrusts:
Inducing Change – using game-changing themes to understand the root causes of existing cybersecurity deficiencies with the goal of disrupting the status quo;
Developing Scientific Foundations – minimizing future cybersecurity problems by developing the science of security;
Maximizing Research Impact – catalyzing coordination, collaboration, and integration of research activities across Federal agencies for maximum effectiveness; and
Accelerating Transition to Practice – expediting improvements in cyberspace from research findings through focused transition programs.
benton.org/node/106683 | White House, The | read the plan
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CYBER INFO-SHARING BILL
[SOURCE: nextgov, AUTHOR: Aliya Sternstein]
A House Homeland Security Committee draft bill that would create a nonprofit entity to share information on cyber threats has gained favor with some privacy advocates who are concerned that a competing bill already passed by the House Intelligence Committee will feed personal information to the government. The proposed National Information Sharing Organization, or NISO, would be guided by a board of directors composed of two privacy advocates and 10 representatives from critical infrastructure sectors, including the banking, communications, defense contracting, energy and health care industries. Only four federal officials would sit on the board. Most expenses, at least 85 percent, would be paid by member companies. The board would set rules for privacy protections, handling of intellectual property and limitations on liability. And the bill would legitimize the Homeland Security Department as the lead government agency for coordinating with the private sector on reinforcing critical infrastructure networks rather than the Defense Department or intelligence agencies. For these reasons, the Center for Democracy and Technology, a civil liberties group, says the information sharing stipulations in the draft are superior to those in H.R. 3523, which, CDT says, would allow Internet service providers to share private communications with the government.
benton.org/node/106701 | nextgov
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COMPROMISE CYBERSECURITY BILL
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
The House Homeland Security Committee subcommittee on Cybersecurity began hammering out the details of its legislative proposal as lawmakers from both parties focused on finding consensus. Cybersecurity has become a rare opportunity for bipartisan cooperation as both parties increasingly recognize the importance of safeguarding the nation's computer networks from attack. The hearing continued in that cordial vein and featured substantive discussion of how to improve the draft proposal. House Republicans favor more limited regulation, reduced barriers to information sharing and voluntary incentives for industry to beef up its protections, while the Democratic-led Senate and White House have called for broader and more stringent regulations overseen by the Department of Homeland Security.
benton.org/node/106694 | Hill, The
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SPECTRUM/WIRELESS
VERIZON BLOCKING GOOGLE WALLET?
[SOURCE: Associated Press, AUTHOR: ]
Verizon Wireless is blocking Google’s new flagship phone from supporting Google’s attempt to make the smartphone the credit card of the future. In blocking the Google Wallet software from running on the new Samsung Galaxy Nexus, Verizon Wireless said that it was waiting to provide a wallet application until it can offer “the best security and user experience.” Verizon and rivals AT&T and T-Mobile USA are part of a consortium called ISIS that is planning its own payment system. Google confirmed that Verizon had asked it not to include the wallet function in the Galaxy Nexus phone, due out soon. The new smartphone is the latest iteration of the Nexus line, which showcases new features and capabilities for phones running Google’s Android software. In this case, the phone is the first to run a new version of Android, dubbed “Ice Cream Sandwich.”
benton.org/node/106690 | Associated Press
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VERIZON SAYS NOT BLOCKING WALLET
[SOURCE: Reuters, AUTHOR: Rachana Khanzode, Jennifer Saba, Nicola Leske]
Verizon Wireless said it was not blocking Google Inc's payments app, Google Wallet, on its latest smartphone, and said it was still in talks with Google about the service. Verizon said that because Google Wallet did "not simply access the operating system and basic hardware of our phones like thousands of other applications," the service "needs to be integrated into a new, secure and proprietary hardware element in our phones." [But, of course] Verizon was in continuing talks with Google about the application, the spokesman said.
benton.org/node/106691 | Reuters | WashPost
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GROUPS SLAM VERIZON
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
Two consumer advocacy groups slammed Verizon for reportedly blocking a mobile application developed by Google, saying the incident shows that the government needs to adopt tougher regulations of wireless Internet providers. Verizon, which plans to offer its own mobile payment service, says it is still in negotiations with Google over the app. Consumer advocacy groups Public Knowledge and Free Press said blocking the app will hurt competition and consumers. "Verizon shows no hesitation in using its gatekeeper position over its subscribers to restrict or block applications that compete with its own offerings," Matt Wood, policy director for Free Press, said. "Verizon's actions restrict consumer choice, stifle competition and kill innovation." Harold Feld, legal director of Public Knowledge, said the possibilities for "anti-competitive, anti-consumer behavior are fairly obvious." He said the FCC could have prevented Verizon's actions with tougher network neutrality rules. “It is unfortunate that the Federal Communications Commission chose to give wireless Internet access a second-class status to becoming an open network," he said. “Today’s dispute between Google and Verizon is just the type of situation that likely would not happen if it were clear that a firm ‘no discrimination’ standard were in effect for wireless services."
benton.org/node/106692 | Hill, The | Public Knowledge | Free Press
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WHAT’S NEXT FOR SPECTRUM LEGISLATION?
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
House Republican leadership is expected attach House spectrum incentive auction legislation to a broad, end-of-the year, must-pass bill, a House Commerce Committee source confirmed on background. The Jumpstarting Opportunity with Broadband Spectrum (JOBS) Act passed the Communications Subcommittee last week, and the source said House leaders have indicated it could be added to that legislative package, which would extend the payroll tax holiday, as the president has called for, but also include things on the Republican's wish list, like their version of the incentive auction bill, which would prevent the FCC from putting access conditions on spectrum reclaimed for wireless. A Senate version of spectrum incentive auction legislation was added to the president's Jobs bill back in September, but that bill failed to pass. One D.C. bill-watcher said they expected the JOBS Act to be added to the package before it gets a full Commerce Committee vote.
benton.org/node/106689 | Broadcasting&Cable
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AT&T/QUALCOMM WANT SPECTRUM DEAL CLOSED
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
AT&T and Qualcomm are urging the Federal Communications Commission (FCC) to quickly give final approval to AT&T's purchase of $1.9 billion of wireless licenses from Qualcomm, despite calls for the agency to delay a decision. FCC Chairman Julius Genachowski said last month he was circulating an order with the other commissioners to approve to the deal, but the Rural Telecommunications Group filed a motion on Nov. 30 asking the FCC to put its review on hold. The group argued that because the FCC had linked its review of the Qualcomm deal to its review of AT&T's proposed purchase of T-Mobile, it should not make a decision on the Qualcomm deal while the outcome of the T-Mobile deal is still in doubt. AT&T withdrew its application with the FCC to buy T-Mobile but says it plans to re-file if it survives the Justice Department's lawsuit to block the merger.
benton.org/node/106693 | Hill, The
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WILD, WILD WIRELESS
[SOURCE: Wall Street Journal, AUTHOR: Holman Jenkins Jr]
[Commentary] The Federal Communications Commission thinks we have too few wireless competitors, though most Americans have a choice of five, and that's one or two more than most advanced countries find they need. In reality, the problem isn't too little competition, but not enough revenue to pay for the rapidly growing amounts of bandwidth customers are using. Raising prices and throttling users isn't working, so the only solution is to cram more and more paying customers onto the network. Even AT&T and Verizon are desperate for more customers, never mind congestion, because that's the only way they can generate revenues to cover the needed investment. In blocking the T-Mobile acquisition, Washington cites a looming Verizon-AT&T duopoly. The truth is, with its own deal, Verizon leaps so far ahead that it's becoming Verizon versus a distantly trailing pack.
benton.org/node/106719 | Wall Street Journal
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METROPCS DOUBTS AT&T/T-MOBILE WILL HAPPEN
[SOURCE: Bloomberg, AUTHOR: Scott Moritz]
MetroPCS Communications Chief Financial Officer J. Braxton Carter said AT&T’s attempt to buy T-Mobile USA is likely to fail, signaling lack of confidence by a company AT&T had approached to help with the transaction. AT&T, seeking regulatory approval for the deal, has been in discussions with MetroPCS to sell spectrum and customers as a way of propping up competition in the absence of T-Mobile. Discussing any scenarios to save the $39 billion deal is “almost kind of moot at this point given the intense opposition by the government,” Carter said. Companies involved need to move on to “plan B,” he said. The comments suggest the odds of AT&T completing the T- Mobile takeover may be decreasing and that AT&T may need to find another partner to buy some assets as part of the transaction.
benton.org/node/106687 | Bloomberg
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LEAP-VERIZON SPECTRUM DEAL
[SOURCE: Leap Wireless, AUTHOR: Press release]
Leap Wireless has entered into definitive agreements to acquire 12 MHz of 700 MHz A block spectrum in Chicago from Verizon Wireless for $204 million and to sell Verizon Wireless excess PCS and AWS spectrum in various markets across the U.S for $188 million. This additional spectrum in the Chicago area will supplement the 10 MHz of spectrum Leap currently operates in Chicago. The companies anticipate that both transactions will close simultaneously, subject to regulatory approvals and other customary closing conditions. The sale of spectrum in these transactions will not impact Leap's operations in its existing operating markets.
In addition, Leap's non-controlled, majority-owned venture, Savary Island Wireless, has also entered into a definitive agreement with Verizon Wireless to sell AWS spectrum in various markets for $172 million, subject to regulatory approvals and other customary closing conditions. Savary Island has agreed to use substantially all of the proceeds from this sale to prepay its indebtedness to Cricket at the closing of the transaction. In connection with such closing, Cricket will repay the balance of a note which is secured by a portion of the Savary Island spectrum being sold to Verizon Wireless.
benton.org/node/106698 | Leap Wireless
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AT&T RATED LOWEST
[SOURCE: Consumer Reports, AUTHOR: ]
In the newest satisfaction survey of Consumer Reports online subscribers, a provider called Consumer Cellular topped the Ratings—and AT&T found itself at the bottom of the Ratings for the second year in a row. Of the four major U.S. national cell-phone standard service providers, Verizon again scored the highest in this year’s Ratings, followed closely by Sprint. Survey respondents gave very good scores to Verizon for texting and data service satisfaction, as well for staff knowledge. T-Mobile was below Verizon and Sprint but continued to rate significantly better than the higher-priced AT&T.
benton.org/node/106679 | Consumer Reports
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JAILBREAKING CELLPHONES
[SOURCE: IDG News Service, AUTHOR: Lucian Constantin]
The Electronic Frontier Foundation (EFF) has asked the U.S. Copyright Office to exempt tablet and video game console jailbreaking from Digital Millennium Copyright Act (DMCA) provisions and asked vendors to stop opposing the practice. Jailbreaking, also known as rooting or chip modding, depending on the device it takes place on, refers to the bypassing of restrictions built in by manufacturers to prevent the installation of unauthorized software. All popular platforms, whether it's Apple's iOS, Sony's PS3, Microsoft's Xbox or Google's Android, have strong jailbreaking communities built around them with independent developers often releasing innovative content that enhances the user experience. However, most manufacturers discourage this software freedom-of-choice philosophy and often use legal and technological means to prevent jailbreaking from becoming widespread. EFF's efforts to get jailbreaking added to the list of DMCA exemptions began three years ago and resulted in a ruling from the U.S. Copyright Office clarifying that bypassing iPhone protections in order to run so-called homebrew software is not a violation of copyright laws.
benton.org/node/106677 | IDG News Service
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DUTCH INVESTIGATION
[SOURCE: Bloomberg, AUTHOR: Ragnhild Kjetland]
Royal KPN NV is among mobile-phone operators in the Netherlands visited today by the NMa competition authority as part of an investigation into possible antitrust violations. KPN, the largest Dutch phone company, said in a statement that its headquarters were raided today by the NMa as part of a probe into “concerted practice with regard to mobile telecommunications offerings on the Dutch consumer market,” and “division of independent sales channels.” It said five KPN employees are being questioned and the company is cooperating fully. T-Mobile is also cooperating fully with the investigation, spokesman Michael Vos said via phone, confirming a visit from the NMa this morning. “We are confident in the result,” he said, while declining to elaborate on the probe. Vodafone Group Plc confirmed in a statement that it had been visited by the competition authority.
benton.org/node/106686 | Bloomberg
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PRIVACY
CARRIER IQ INVASIVENESS
[SOURCE: InfoWorld, AUTHOR: Ted Samson]
The firestorm surrounding the Carrier IQ software built into Android and other smartphones may have been just a wee bit overblown, according to security researcher Dan Rosenberg. The software (or "rootkit") -- deemed highly intrusive in a recent report by Trevor Eckhart -- cannot record the content of text messages, Web pages, or email, "even if carriers and handset manufacturers wished to abuse it to do so." Rosenberg, who works for application security company VSR, independently conducted an in-depth test of the Carrier IQ software, investigating the software's hooks into Android, what sort of data the software can collect, and in what situations. In a nutshell, Rosenberg concludes that Carrier IQ shows no sign of "evil intent" -- and provides a potentially valuable service in helping to improve mobile users' experience on cellular networks. Rosenberg did observe that Carrier IQ -- like any mobile app -- could be modified for nefarious actions. What's more, Rosenberg says that Carrier IQ -- and more so, smartphone manufacturers and carriers -- need to do better at protecting user privacy.
benton.org/node/106676 | InfoWorld
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CARRIER IQ PATENT REQUEST
[SOURCE: ComputerWorld, AUTHOR: Jaikumar Vijayan]
A Carrier IQ executive downplayed the significance of the company's effort to patent a technology it said can help wireless carriers undertake "advertising audience segmentation analysis and content copyright analytics." The company applied for a patent for the so-called Service Intelligence Module Program Product in March, 2010. The application says that the technology can, among other things, combine and analyze "service intelligence modules related to games, financial transactions, and medical diagnostics." The patent application asserts that the technology would let carriers "configure a processor to read content selection, read location data, read application activity, and determine presentation/deselection of advertising messages." It also claims that the product could be used to "group identifiers of mobile device users who have a higher probability of occupying a certain geographical area," as well as provide carriers with a "means for tracing copyright ownership of content displayed on the device." Carrier IQ marketing vice president Andrew Coward downplayed the claims in the patent application and emphatically contended that none of the company's current products offer the capabilities described. The Service Intelligence Module Program Product would offer much broader capabilities than Carrier IQ products offer today, he said.
benton.org/node/106675 | ComputerWorld
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WHITE HOUSE PRIVACY PLAN
[SOURCE: Politico, AUTHOR: Jennifer Martinez]
White House Deputy Chief Technology Officer for Internet Policy Daniel Weitzner said that the White House’s long-awaited white paper on online privacy will be released "in a matter of weeks," a development that could reinvigorate the debate in Washington over the hot-button issue. He said that the school of thought about online privacy has evolved over time and "now we need some substantive privacy rules written into statute." With the release of the white paper forthcoming, Weitzner argued that the U.S. is not behind Europe in crafting online privacy regulations — as one member of the audience alleged. The White House aide also called for a consumer privacy bill of rights. "We are more or less exactly on the same schedule as Europe, he said. "It remains to be seen who will finish first."
benton.org/node/106718 | Politico
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VIDEO PRIVACY LAW UPDATE
[SOURCE: National Journal, AUTHOR: Juliana Gruenwald]
The House passed legislation that supporters say would update a 1988 law designed to protect the privacy of consumers' video viewing records to reflect the changing ways people watch movies and television shows. The legislation, passed on a 303-116 vote, would amend the 1988 Video Privacy Protection Act, enacted after a newspaper published the video rental records of failed Supreme Court nominee Robert Bork. The proposed changes offered in legislation from Rep. Bob Goodlatte (R-VA), chairman of the Judiciary Intellectual Property, Competition, and the Internet Subcommittee, would allow companies such as Netflix to obtain one-time consent to share consumers' video rental information with others. "This bill ensures the law related to the handling of videotape rental information is updated to reflect the realities of the 21st century," Chairman Goodlatte said. Netflix in particular has been pushing Congress to make changes that would allow its users to connect their Netflix accounts to Facebook so they can share with their Facebook friends what they are watching on the video service. When it announced it was launching the Facebook service in September, Netflix said it was only rolling it out in Canada and Latin America because the video privacy law barred it from introducing the service in the United States. But critics argue that the bill has not been properly vetted and that it would weaken the video privacy law by allowing companies to seek blanket approval from individuals to share their video rental history.
benton.org/node/106717 | National Journal
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FACEBOOK PRIVACY FLAW
[SOURCE: Wall Street Journal, AUTHOR: John Letzing]
A security vulnerability in Facebook's social-networking site exposed by some users sent the company scrambling for a fix after Chief Executive Mark Zuckerberg's private photos were published online. In a Nov. 27 post on the Web forum Bodybuilding.com, an anonymous writer listed step-by-step instructions on how to access photos uploaded by other Facebook members, even if the images had been marked as private. The process involved a Facebook feature that lets users identify pornographic or inappropriate images on the site. The forum post showed that by flagging another user's profile, one Facebook member was able to gain access to the other's private images. A blogger reported on the security flaw, and used it to publish a photo from Zuckerberg's private collection. Others then used the flaw to publish further photos from Zuckerberg's collection, including images of the Facebook CEO preparing food in a kitchen and distributing candy to Halloween trick-or-treaters. It wasn't immediately clear how long the Facebook security flaw was available on the Web, or how many of the site's more than 800 million users were affected. But the company attributed the problem to a recent revision of its software.
benton.org/node/106716 | Wall Street Journal
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AGENDA
FCC DEC AGENDA
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission will hold an Open Meeting on Tuesday, December 13, 2011. The FCC will consider:
a Report and Order that protects consumers by implementing the Commercial Advertisement Loudness Mitigation (CALM) Act to prevent digital television commercial advertisements from being transmitted at louder volumes than the program material they accompany. (MB Docket No. 11-93)
the Third Report to the U.S. Congress on the status of competition in domestic and international satellite communications services as required by Section 703 of the Communications Satellite Act of 1962, as amended. The Report covers calendar years 2008, 2009 and 2010. (IB Docket No. 10-99)
benton.org/node/106705 | Federal Communications Commission
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JOURNALISM
ONE NATION MEDIA
[SOURCE: Corporation for Public Broadcasting, AUTHOR: Press release]
The Corporation for Public Broadcasting (CPB) has awarded a $1.8 million grant to Southern California Public Radio (SCPR) to launch the One Nation Media Project, a journalism initiative that enhances public broadcasting’s service to multi-ethnic communities in greater Los Angeles. CPB’s investment will help SCPR expand its locally produced, mid-day programming, including the development of a new two-hour news magazine program that will provide a significant forum to discuss topics of importance and interest within southern California’s diverse communities. Additionally, the grant will enable SCPR to launch three distinct online channels, each hosted by a dedicated digital journalist. The channels will generate in-depth digital news coverage focused on key areas of interest: emerging communities, public education, and criminal justice. Reporting from the One Nation Media Project will be integrated into SCPR’s news broadcasts and made available online and through mobile platforms. The initiative will also include live events – town halls, panel discussions and listening parties – that will bring together the city’s distinct and vibrant cultures to explore and debate issues that have a direct impact on quality of life in the region. The first of these events, “All in the Familia: L.A. Latino Business in the 21st Century,” will be held this evening and will focus on how Latino “mom and pop” business are changing as educated and savvy latter generations are joining their parents to innovate and expand little shops into larger-scale enterprises.
benton.org/node/106704 | Corporation for Public Broadcasting
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OPEN GOVERNMENT
OPEN GOV ACTION PLAN
[SOURCE: The White House, AUTHOR: Aneesh Chopra]
On September 20, 2011, on the margins of the U.N. General Assembly, the President announced the U.S. Open Government National Action Plan. The Plan was developed through a process that involved extensive consultations with external stakeholders, including a broad range of civil society groups and members of the private sector, to gather ideas on open government. As we continue our work to implement the National Action Plan, we want your help. Specifically, we’d like your input and recommendations on how to improve and help facilitate public participation – your participation – in government. We are now requesting your assistance with one of the initiatives in the U.S. National Action Plan designed to promote public participation:
Develop Best Practices and Metrics for Public Participation. We will identify best practices for public participation in government and suggest metrics that will allow agencies to assess progress toward the goal of becoming more participatory. This effort will highlight those agencies that have incorporated the most useful and robust forms of public participation in order to encourage other agencies to learn from their examples.”
Given the focus of this initiative, we thought it would be most appropriate to invite you to provide input and ideas on best practices and metrics for public participation. Please send your thoughts to us at opengov@ostp.gov or use the web form provided, by January 3, 2012. We will consider your ideas and input as we continue to implement the U.S. National Action Plan and develop this best practices guidance on public participation.
benton.org/node/106700 | White House, The
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POLICYMAKERS
COMMISSIONER MICHAEL COPPS ANNOUNCES HIS DEPARTURE FROM THE FCC
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael Copps]
Yesterday, I submitted to the President notice of my intention to resign my post as Commissioner effective January 1, 2012. Should the Senate confirm my successor prior to that date, or should the Senate adjourn sine die before January 1st, I would of course be leaving sooner.
It has been a privilege and honor to serve for more than ten years as a Commissioner. The FCC is an agency of true excellence and its decisions are integral to our country’s future. Ubiquitous, opportunity-creating broadband and a resource-rich media capable of informing our civic dialogue are critically-important components of our future success as a people, and I intend to keep speaking about these challenges as a private citizen in the years ahead.
It has been the highest honor to serve with my colleagues on the Commission. I thank them all for their dedication, collegiality and friendship. I also owe an enormous debt to the Commission staff. Their professionalism and dedication to the public interest stands as a model of government service.
benton.org/node/106685 | Federal Communications Commission | WashPost | The Hill | B&C
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LOBBYING
TRADE GROUPS PROLIFERATE
[SOURCE: Politico, AUTHOR: Kim Hart]
When a member of Congress wants to know what the oil industry thinks, a single call to the American Petroleum Institute usually does the trick. Same goes for PhRMA, the umbrella group for pharmaceutical companies. But good luck getting an easy answer from the tech industry: Groups claiming to represent one slice of the sector or another are sprouting so fast that even tech insiders have trouble keeping up. At least half a dozen trade groups cater specifically to technology companies in Washington. Another half-dozen represent the major telecom firms. And a smattering of coalitions stands for clusters of companies on narrower issues such as patent and immigration reform. “It can be hard keeping them all straight,” a Senate aide said. Now the NetCoalition group is trying to expand its efforts to speak for Internet companies — such as Facebook, Google, Amazon and eBay — on issues unique to the Web: privacy, copyright and online taxes. Yet another coalition is being spearheaded by AT&T and Verizon to help promote smart grid technology. Some Silicon Valley execs privately complain that there is now such a patchwork of associations that they have to hire a consultant just to manage all their memberships and juggle conference calls. They often feel pressured to join coalitions just to keep tabs on what their competitors are doing. The proliferation of lobbying arms reflects the tech industry’s maturing operations in Washington. And unlike, say, Hollywood movie studios, tech companies take a wide range of positions that often are at odds, so no single group can claim to speak for all. The downside of that diversity, though, is real: Diluting the message of a growing sector that has struggled to find its voice inside the Beltway.
benton.org/node/106713 | Politico
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