BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, NOVEMBER 3, 2011
TELEVISION
Court: Janet Jackson's exposure not illegal
A la Carte Class Action Suit Gets Fresh Legs
New DTV standard could emerge in three years, says Aitken
FCC's New Political Ad Disclosure Plan Has Broadcasters Concerned
Sinclair Buying Freedom for $385 Million
Smaller Cable Firms Seeking Exemption From Loud TV Law [links to web]
ACA to FCC: Apply IP Closed Captioning Rules to Online Video Only [links to web]
How Much Does an NBC Turnaround Even Matter Any More? [links to web]
ADVERTISING
'Wired' Bringing Advertisers and Its Blogs Closer Together
FCC's New Political Ad Disclosure Plan Has Broadcasters Concerned
Yahoo Acquires Interclick for $270 Million to Gain Ad Tools
SPECTRUM/WIRELESS
Judge Allows Sprint Challenge to AT&T Deal Over Access to Devices
AT&T Seeks Sprint Plans to Compete Following T-Mobile Ruling
Feud between wireless companies and broadcasters turns ugly
Use the market to allocate spectrum - op-ed
Consumers Union Presses Wireless Companies on Bill Shock Plans
All the Texts, Without All the Costs
LightSquared CEO walks thin line warning of 'spectrum crunch' [links to web]
Half of adult cell phone owners have apps on their phones - research [links to web]
Android phone repair cost telcos billions: study [links to web]
With an App, Your Next Date Could Be Just Around the Corner [links to web]
INTERNET/BROADBAND
Senators Seek To Shield Small Businesses From Online Sales Tax Bills
Amazon offers to serve as tax collector — for a price
Sen Hutchison: Network Neutrality Blocker Could Get Vote Next Week
Longmont Telecom Issue: 2A looks like it will pass
Outspent 60:1, Longmont Kicks Comcast’s Assets - analysis [links to web]
Windstream Continues Small Scale Stimulus Pace
Occupy Wall Street, brought to you by social media
KIDS AND MEDIA
Research: Video games help with creativity in boys and girls
Half Of Young Professionals Value Facebook Access, Smartphone Options Over Salary [links to web]
More states look to online learning for students [links to web]
JOURNALISM
Wall Street Journal remains No. 1 US newspaper
CONTENT
The Truth About Amazon Publishing
Amazon, Now a Book Lender
How Yahoo’s IntoNow "Listens" And Revolutionizes The Way We Watch TV [links to web]
The end of an era: Internet Explorer drops below 50% of Web usage [links to web]
ACA to FCC: Apply IP Closed Captioning Rules to Online Video Only [links to web]
HEALTH
Text4baby Shows Promising Results for Moms - press release
PRIVACY
Ad companies have their hands, or cookies, in your browser
Facebook’s Use of Cookies Raises German Regulators’ Suspicions
Facebook Timeline a new privacy test [links to web]
Study: Privacy tools to limit ad tracking are clunky [links to web]
EMERGENCY COMMUNICATIONS
Emergency alert test to blanket airwaves
National Test of the Emergency Alert System -- Take the Pre-Test Survey - research
FCC REFORM
Rep Walden, Sen Heller Unveil FCC Process Reform Legislation - press release
President Obama Nominates Rosenworcel and Pai to FCC: A Primer on What Happens Next - analysis
STORIES FROM ABROAD
Samsung's request for iPhone 4S details in Australia isn't so crazy - analysis
UK says governments' Internet power grab will fail
Will Cheap Computer Bridge India's Digital Divide?
MORE ONLINE
How Technology Is Eliminating Higher-Skill Jobs [links to web]
TELEVISION
COURT REJECTS JACKSON/SUPER BOWL RULING
[SOURCE: Politico, AUTHOR: Brooks Boliek]
Janet Jackson’s wardrobe malfunction may have been embarrassing, but a panel of three federal court judges decided it wasn’t illegal. The court said the exposure, for nine-sixteenths of one second, of Jackson's bare right breast during the live halftime performance of the National Football League's Super Bowl XXXVIII, falls under the “fleeting expletives” exception to the Federal Communications Commission’s indecency rules. In the court’s 2-1 opinion — issued after its original decision was remanded from the U.S. Supreme Court — Judge Marjorie Rendell said the commission failed to justify its change to the rule that broadcasters weren’t liable for a slip of the lip — or, in this case, the slip of the bra.
benton.org/node/103680 | Politico | read the decision
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A LA CARTE SUIT UPDATE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Ninth Circuit Court of Appeals has withdrawn a three-judge panel decision last June affirming a lower court's ruling that a group of cable and satellite subs did not have a case when they alleged that bundled cable programming was an antitrust violation. The class action suit had been filed against NBCU, Viacom, Disney, Fox, Time Warner, Time Warner Cable, Comacst, DirecTV, Echostar and Cablevision, among others. The subscribers claimed that bundling of high-value channels with lower-valued ones reduces consumer choice and raises prices, precluding distributors from offering a la carte and constituting a restraint of trade in violation of the Sherman Antitrust Act. In June, the three-judge panel had upheld a district court ruling throwing out the antitrust suit, saying that it was "a consumer protection class action masquerading as an antitrust suit.... In the absence of any allegation of injury to competition as opposed to injuries to consumers," wrote Judge Sandra Ikuta, "we conclude that plaintiffs have failed to state a claim for an antitrust violation." But in a one-paragraph order Oct. 31, the court withdrew the decision and said it was going to reconstitute a panel, making moot requests to rehear the case.
benton.org/node/104040 | Broadcasting&Cable
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NEW DTV STANDARD?
[SOURCE: Broadcast Engineering, AUTHOR: Phil Kurz]
A new standard for the digital over- the-air transmission of television signals in the United States will emerge within three years, says Mark Aitken, VP of Advanced Technology of the Sinclair Broadcast Group and the chairman of the ATSC TSG/S4 specialist group responsible for Mobile DTV standardization. For an industry that completed the transition of full-power stations to DTV in mid-2009, Aitken’s view might seem extreme. But the completion of the June 2009 transition, while fresh, doesn’t involve new technology. “The major elements of that standard — VSB, for instance — are 20 years old. Today, we are living a vision of what was possible 20 years ago,” says Aitken. Aitken envisions the deployment of a “heteronet,” or heterogeneous network in which digital television broadcasting is overlaid onto the wireless infrastructure to leverage the strength of television — one-to-many transmission of spectrum-hungry video — and that of the wireless Internet and cell networks, namely interactivity.
benton.org/node/104031 | Broadcast Engineering
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DISCLOSURE PLAN HAS BROADCASTERS CONCERNED
[SOURCE: AdAge, AUTHOR: Ana Radelat]
Just as a banner season for political advertising is starting, the Obama administration has thrown broadcasters a curveball -- and broadcasters are hustling to figure out what it might mean in terms of costs and implications. The Federal Communications Commission has proposed requiring television stations to post online information about their political advertisers. That information, currently kept in paper files at the stations, includes the names of candidates or groups requesting to run an ad, the reason for broadcasting the ad, the time and placement of the ad and its cost. Moving that information online to a website that would be run by the FCC has provoked concern from the National Association of Broadcasters. "The political file must be very frequently updated, particularly during the periods close to local, state and federal elections," said a recent letter by a NAB attorney to the FCC. "Developing a system of uploading, organizing, and ensuring timely online access to the political file presents a significant challenge." State broadcast groups have estimated the cost of meeting the new requirements would be $24 million in the first year and $14 million each year after that and have asked the FCC to pay those costs. Providing easy access to advertising information may also affect ad rates, the tone of some campaign commercials and candidate response times.
benton.org/node/103719 | AdAge
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SINCLAIR BUYING FREEDOM
[SOURCE: TVNewsCheck, AUTHOR: Price Colman]
Sinclair Broadcasting is buying Freedom Communications’ eight-station broadcast TV division to Sinclair Broadcasting for $385 million. The deal gives Sinclair two more duopolies, one in the West Palm Beach-Fort Pierce, Fla., market (DMA 38), another in Albany-Schenectady-Troy, N.Y. (DMA 58). Current regulations permit duopolies only if there are at least eight other different owners of full power stations in the DMA and one of the stations in the duopoly is not among the top-4 ranked stations. Freedom’s WPEC, a CBS affiliate, consistently ranks among the top stations in West Palm but Four Points’ WTVX, a CW affiliate, does not.
The Freedom stations are:
WPEC (CBS) West Palm Beach, Fla. (DMA 38)
WWMT (CBS) Grand Rapids-Kalamazoo-Battle Creek, Mich. (DMA 42)
WRGB (CBS)-WCWN (CW) Albany, N.Y. (DMA 58)
WTVC (ABC) Chattanooga, Tenn. (DMA 86)
WLAJ (ABC) Lansing, Mich. (DMA 115)
KTVL (CBS) Medford-Klamath Falls, Ore. (DMA 140)
KFDM (CBS) Beaumont-Port Arthur-Orange, Texas (DMA 141)
benton.org/node/103740 | TVNewsCheck
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ADVERTISING
WIRED AND ADVERTISERS
[SOURCE: AdWeek, AUTHOR: Lucia Moses]
It may have taken nontraditional publishers like Federated Media to pave the way for “conversational media,” in which advertisers mix more directly with the blogging community. But now premium content brands want to get in on the act. A prominent example is Wired, which is running ad-sponsored blogs that let advertisers commingle their messages with editorial content. Wired publisher Howard Mittman says the topics started as Wired editorial ideas that needed ad support and were not generated by the advertisers themselves, as would be the case with much conversational media. (Separately, the magazine is also publishing some advertorial blogs where the content is driven by the advertisers, currently GE and BMW.) “We’re not creating push-style content; what we’re really doing is trying to create conversations that engage the community,” Mittman says. “These are a new way for us to connect brands with consumers.” Kristin Haarlow, associate media director at digital media agency Spark Communications, says interest in conversational media has grown as advertisers have recognized the importance of peers’ opinions in influencing what people buy. The format has also evolved to become more dynamic.
benton.org/node/103762 | AdWeek
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YAHOO BUYING INTERCLICK
[SOURCE: Bloomberg, AUTHOR: Brian Womack, Xu Wang]
Yahoo, the U.S. Web portal that is exploring strategic options, agreed to buy Interclick Inc. for $270 million in cash to help advertisers reach online users with more targeted messages. Interclick stockholders will get $9 a share. That’s 22 percent more than the closing price Nov 2 of New York-based Interclick, which assists companies in marketing to customers based on their online behavior. The tender offer is expected to close by early 2012. Yahoo may use the purchase to revive sales of display advertising, such as banner ads, which stalled last quarter. “Interclick’s behavioral targeting technology could help Yahoo to grow its display advertising revenue faster,” said Kerry Rice, an analyst at Needham & Co. “Yahoo could give Interclick more resources to expand into areas like mobile and video advertising.”
benton.org/node/104037 | Bloomberg
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SPECTRUM/WIRELESS
JUDGE ALLOWS SPRINT AND C SPIRE CHALLENGES TO AT&T/T-MOBILE
[SOURCE: Wall Street Journal, AUTHOR: Brent Kendall]
Judge Ellen Huvelle dismissed most parts of Sprint Nextel's lawsuit challenging AT&T's proposed $39 billion acquisition of T-Mobile USA, but refused to throw out the entire case. Her decision to let one part of Sprint's case to go forward could complicate AT&T's defense of the merger, which faces a separate legal challenge from government antitrust enforcers. C Spire Wireless has also sued to block the deal, and Judge Huvelle left part of that lawsuit in place as well. Judge Huvelle, of the U.S. District Court for the District of Columbia, said the companies could proceed with their claims that a postmerger AT&T, along with Verizon Wireless, would make it harder for less-powerful wireless companies to obtain the most-sought-after wireless devices, particularly smartphones. The judge dismissed all of Sprint's other claims, including its allegations that AT&T and Verizon Wireless, a joint venture of Verizon Communications Inc. and Vodafone Group PLC, would be able to raise Sprint's costs for roaming and infrastructure services. The judge also said C Spire Wireless, formerly Cellular South, could proceed with antitrust claims related to roaming. Judge Huvelle said Sprint and C Spire can proceed with their allegations over access to mobile devices because the sought-after phones are necessary for their businesses. She compared the allegations to a trio of earlier cases, including one in which a federal court in New York allowed an independent movie theater to proceed with an antitrust lawsuit that alleged a rival merger would make it difficult to obtain sought-after movies. "Mobile wireless devices, and smartphones in particular, are Sprint's and Cellular South's first-run movies," Judge Huvelle wrote.
Public Knowledge President Gigi Sohn said, “We are very pleased that Judge Huvelle will let Sprint and C Spire continue to pursue their antitrust claims in court against AT&T. While not all of the issues the companies wanted to prosecute will be allowed, the ones that will go forward will demonstrate clearly the anticompetitive effects that AT&T's takeover of T-Mobile will have on the wireless industry. There is a very high bar for private firm to pursue their own antitrust cases. That Judge Huvelle allowed any of the cases to go forward is an indication of just how serious a matter this is.”
benton.org/node/104051 | Wall Street Journal | The Hill | Public Knowledge
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AT&T VS SPRINT
[SOURCE: Bloomberg, AUTHOR: Tom Schoenberg, Jeff Bliss]
AT&T Inc. asked US District Judge Ellen Segal Huvelle to compel Sprint Nextel to turn over documents regarding its plans to compete in the wireless phone industry after a decision is made on AT&T’s proposed purchase of T-Mobile USA. AT&T listed 47 areas of interest, including whether Sprint had any plans for a “business combination” with T-Mobile if the AT&T transaction is blocked. AT&T says it needs the documents to defend against the Justice Department’s antitrust lawsuit seeking to stop the T-Mobile deal. “Sprint is a strong and vibrant competitor as evidenced by events in the past six months -- a fact that is critical to AT&T’s defense of DOJ’s claim that the challenged merger will dampen competition in the mobile wireless industry,” said AT&T lawyer Steven Benz of Kellogg, Huber, Hansen, Todd, Evans & Figel PLLC. AT&T also requested Sprint’s plans to compete should the $39 billion deal be approved, as well as its analysis of the merger. AT&T is also seeking information on Sprint’s bids for government contracts over the past three years, the identities of Sprint’s business and government customers, and the number and location of proposed cell sites that Sprint planned at some point to deploy and abandoned.
benton.org/node/104050 | Bloomberg
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FIGHT TURNS UGLY
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
The rivalry between television broadcasters and wireless companies has turned ugly in the past day with the wireless companies calling broadcast television a dying industry and the broadcasters accusing the wireless companies of diminishing racial diversity. The spat began when CTIA, an association that represents wireless carriers such as AT&T and Verizon, released a statement slamming the National Association of Broadcasters (NAB) on the same day the group launched a new coalition to protect the future of broadcast television.
“When you have to form a coalition to talk about your future, perhaps it suggests you don’t have one,” said Jot Carpenter, CTIA's vice president of government affairs. NAB did not appreciate CTIA trying to spoil the launch of its new group. "Sometimes statements get made inside the Beltway that are so shockingly arrogant that one has to step back and ask: Really?" wrote Dennis Wharton, NAB's vice president of communications.
benton.org/node/104049 | Hill, The
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THE COST OF TEXTING
[SOURCE: New York Times, AUTHOR: Kate Murphy]
Even though a text message usually costs the carriers less than a penny to route between mobile phones, they charge customers as much as 20 cents to send a text and another 20 cents to receive one. This adds up to an estimated $20 billion a year in revenue for the wireless industry and a lot of grumbling from consumers who feel abused. But in the last two years there has been a proliferation of mobile apps, the latest being Apple’s iMessage, that allow users to text free. While they differ in format and ease of use, they all work on the principle of sending and receiving texts via cellphones’ data streams. “Traditional texts are sent over a defined protocol, like their own channel, that is different from the voice and data channels,” said Michael O’Brien, senior vice president for marketing solutions at Syniverse Technologies, a company that develops products and services for the wireless industry. A single text message sent via a texting app uses no more than 160 bytes of data. Most cellphone data plans are 2 to 10 gigabytes (one gigabyte is about a billion bytes). So even if you texted someone all of “War and Peace,” 160 characters at a time, you would still have ample data left on your plan — although you might lose a friend.
benton.org/node/104047 | New York Times
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LET MARKET ALLOCATE SPECTRUM
[SOURCE: The Hill, AUTHOR: Thomas Lenard]
[Commentary] Congress is now considering legislation to grant the FCC new authority to hold voluntary incentive auctions for spectrum. This legislation would alleviate shortages of spectrum that are threatening to hold back the development of a wireless broadband platform capable of competing with wireline platforms. It would boost the economy and advance our progress toward a more efficient, market-oriented spectrum regime. The incentive-auction idea, which came out of the Obama Administration’s Broadband Task Force, is aimed at freeing up some of the 120 MHz of spectrum currently used by broadcast TV to make it available for the new wireless uses -- primarily broadband -- that consumers (and businesses) are demanding. The benefits of such a move are clear: while wireless broadband use is soaring even though consumers have to pay for it, only about 10 percent of TV viewers watch over over-the-air broadcasting even though it is free.
So, the decision before Congress is really quite simple: if it wants to maximize both economic efficiency and deficit reduction, it will reject calls to increase the amount of unlicensed spectrum. Congress can best ensure continued innovation in wireless communications by supporting the allocation of spectrum through the marketplace.
[Lenard is president of the Technology Policy Institute]
benton.org/node/103745 | Hill, The
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CU PRESSES ON BILL SHOCK PLANS
[SOURCE: Consumers Union, AUTHOR: Press release]
Consumers Union, the public policy and advocacy division of Consumer Reports, sent letters to wireless companies to urge them to disclose and implement their plans to fight consumer “bill shock” as soon as possible. The letters come after the organization joined CTIA, the wireless industry trade association, and the FCC last month to announce the industry’s agreement to provide free alerts to help customers avoid “bill shock” – the unexpectedly large fees that pop up on your bill, often because you exceeded your usage limits. These alerts would be sent to consumers before they reach their limits on voice, text or data services, as well as free alerts to customers when they are about to incur international roaming charges. “We know that some carriers are already providing certain alerts, and we see this as proof that it’s possible for consumers to begin receiving these free alerts now, rather than a year from now,” said Parul P. Desai, policy counsel for Consumers Union. “Unfortunately, current alert policies vary widely across companies and often times aren’t even clearly disclosed by wireless providers. We are simply asking wireless companies to make clear what tools consumers have available to them now, and urging them to comply with this new policy sooner rather than later." The letters sent to each company ask about their respective plans for complying with the new code of conduct, as well as additional details about how each alert will be implemented and when. Some letters ask for clarifications to existing policies. For example, CU’s letter to Verizon asks the company to explain its current policy for alerts, citing unclear information on its web site. It also cites a recent Consumer Reports story by an editor who did not receive any alerts from Verizon before exceeding his plan’s limits, despite the company’s statement that it “strives” to provide these alerts.
benton.org/node/103750 | Consumers Union
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INTERNET/BROADBAND
SHIELDING SMALL BUSINESS FROM ONLINE TAXES
[SOURCE: National Journal, AUTHOR: Juliana Gruenwald]
Sens. Ron Wyden (D-OR) and Kelly Ayotte (R-NH) introduced a nonbinding resolution that calls on the Senate to exempt small businesses from legislation that would authorize states to require Internet retailers to collect sales taxes from out-of-state customers. "It is the sense of the Senate that Congress should not enact any legislation that would grant state governments the authority to impose any new burdensome or unfair tax collecting requirements on small Internet businesses and entrepreneurs, which would ultimately hurt the economy of, and consumers in, the United States," the resolution states. The resolution appears to target legislation being crafted by a bipartisan group of senators that would authorize states to require online retailers to collect sales taxes from customers in states where the stores have no brick and mortar building. A 1992 Supreme Court decision found that states cannot require retailers to collect sales taxes to people in states where those retailers lack a physical presence. Since then, states have complained that they are losing billions of dollars in revenues because of the loophole, which originally applied to catalog retailers but has since been extended to online retailers.
benton.org/node/104034 | National Journal
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AMAZON AS TAX COLLECTOR
[SOURCE: Los Angeles Times, AUTHOR: Marc Lifsher]
Amazon for years has fought state efforts to force it to collect sales taxes from its customers. Now, instead of battling the tax man, the company is looking to profit — by hiring itself out as an Internet tax collector. In an abrupt about-face, the company is now offering to handle sales-tax chores for merchants who sell products through its site for a fee equivalent to 2.9% of the taxes collected. The optional service, which is set to roll out Feb. 1, will be offered to Amazon's third-party vendors in all 50 states. It's a strategy that could reap millions of dollars in new revenue for Amazon, which has been among the most vocal opponents of government attempts to tax e-commerce. Analysts said Amazon's shift is an acknowledgment that Internet retailers ultimately will have to play by the same rules as bricks-and-mortar stores. It's also a recognition that there's money to be made in the process, said George Runner, a member of the California State Board of Equalization, the agency that administers sales tax. "This is what smart businesspeople do," Runner said. "They are going to use whatever model they can to expand their business opportunities. They're very slick at it."
benton.org/node/104044 | Los Angeles Times
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SENATE NETWORK NEUTRALITY VOTE SOON?
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Sen Kay Bailey Hutchison (R-TX) says she has enough signatures on her resolution of disapproval for it to get a full Senate vote under the Congressional Review Act. That is the legislative attempt to nullify the Federal Communications Commission's network neutrality rules, which many Republicans have targeted as an innovation and investment-chilling Internet regulation. The House has already passed the resolution and Sen Hutchinson said that, armed with over 40 signatures, she is hoping to get a floor vote as early as next week, and in advance of the Nov. 21 date when the rules go into effect.
benton.org/node/103693 | Broadcasting&Cable
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LONGMONT APPROVES CITY FIBER
[SOURCE: Longmont Times-Call, AUTHOR: ]
Light that fiber. Longmont's Ballot Question 2A cruised to victory, carrying about 60 percent of the vote for most of the night. The vote lifts state restrictions on the city's use of its 17-mile-long fiber-optic loop, allowing it to offer services to residents and businesses either directly or through a partner. "I'm glad to see 2A won," said Mayor Bryan Baum, one of the most vocal advocates for the issue. "I think it shows that money isn't the determinator." "Goliath goes down hard and David wins the day!" cheered Vince Jordan, owner of RidgeviewTel and another 2A supporter. The anti-2A group Look Before We Leap spent close to $300,000 fighting the issue as of Oct. 23. According to city clerk records, the group's biggest contributor was the Colorado Cable Telecommunications Association, an industry group which had recorded $175,000 of contributions to Look Before We Leap in the same time frame. George Merritt, a spokesman for Look Before We Leap, said he felt the community had received a message to move carefully on developing municipal telecommunications. The city built its 17-mile fiber-optic loop in 1997. The $1.1 million cost was paid for by the Platte River Power Authority. But about two-thirds of it has remained "dark" -- unused -- thanks to a 2005 state law that barred the city from providing retail access to the loop, either directly or through a private partner. As a result, the system's only been open to those able to lease fiber individually, including public agencies and a few large institutions such as Longmont United Hospital. Through much of the campaign, opponents accused the city of having no plan as it jumped into the "risky" telecommunications business.
benton.org/node/103757 | Longmont Times-Call
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WINDSTREAM STIMULUS-BACKED PROJECT
[SOURCE: telecompetitor, AUTHOR: Joan Engebretson]
True to form, Windstream announced it has begun construction on a Florida network upgrade funded in part through a broadband stimulus grant awarded by the Rural Utilities Service -- and once again the announcement covers only a small part of stimulus projects the carrier has planned in the state. Although Windstream won a total of $38.3 million for Florida, this week’s announcement only pertains to a project to deploy two miles or so of fiber optics and electronic equipment in the town of Mayo, which has a population of just over 1,000. The project will make Internet access at speeds of at least 6 Mb/s available to 60 customers. The announcement follows a pattern that Windstream has displayed in previous announcements of stimulus project starts -- recognizing only one small project in an individual state. The company took the same approach in announcing stimulus starts in Kentucky, Iowa, Georgia, and Mississippi. Windstream was the single biggest winner of broadband stimulus funding from the RUS -- winning a total of $181.3 million in funding for projects in 13 states. But the carrier has taken its time in breaking ground on these projects. Perhaps Windstream wants to make sure that it has appropriate procedures in place before beginning aggressive deployment -- or perhaps the company, like other stimulus winners, has seen delays as a result of a fiber shortage since the tsunami that hit Japan in March took Sumitomo, a key fiber supplier, offline.
benton.org/node/103753 | telecompetitor
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OWS AND SOCIAL MEDIA
[SOURCE: San Jose Mercury News, AUTHOR: John Boudreau]
Occupy Wall Street has spread around the country at Internet speed as participants tap into Twitter, Facebook and microblogging site Tumblr to call Americans to the streets to protest what they see as a broken global financial system. What would have taken months to unfold in a different era has occurred in days and hours. The Economist magazine calls it America's "first true social-media uprising." "If not for social media, 80 percent of our information would not have gone out to get people's attention," said Joanne Coppolino, an "occupier" in downtown San Jose. "Social media helps us to stand as one." And in just six weeks, the movement has moved beyond the nation's shores to cities such as Hong Kong and Buenos Aires. In all, more than 900 cities around the world have experienced Occupy protests, although most haven't drawn the thousands of participants seen at events such as Occupy Oakland or Occupy Wall Street in New York City.
benton.org/node/104042 | San Jose Mercury News
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KIDS AND MEDIA
VIDEO GAMES AND CREATIVITY
[SOURCE: USAToday, AUTHOR: Mike Snider]
Children who play video games are more creative. That finding, thought to be the first demonstration of a relationship between technology use and creativity, comes from a new study of nearly 500 12-year-olds in Michigan, conducted by researchers at Michigan State University's Children and Technology Project. Already published online, the study is expected to be included in the March 2012 issue of the journal Computers in Human Behavior. The children were given creative thinking tests – shown a drawing and asked to expand on it or comment on what it means – and then asked about their use of cell phones, computers, the Internet and video games. Only with video games was there a correlation to creativity, the researchers say, and that was true for boys and girls, and across all races. The study found that boys played video games more than girls did; boys also preferred violent games and sports games, while girls favored games involving interaction with others (human or nonhuman). Among the games the children said they played: The Legend of Zelda, Super Smash Brothers, Madden NFL Football, Animal Crossing, Half-Life 2, Need for Speed, Star Wars games and Spider Solitaire.
benton.org/node/103746 | USAToday
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JOURNALISM
LATEST NEWSPAPER CIRCULATION NUMBERS
[SOURCE: Associated Press, AUTHOR: Barbara Ortutay]
The Wall Street Journal remains the No. 1 newspaper in the U.S with average weekday circulation of 2.1 million, according to the Audit Bureau of Circulations. Gannett Co.'s USA Today ranks second with 1.8 million, and The New York Times is third with 1.2 million on average from Monday to Friday. The latest figures cover the six months that ended Sept. 30. The Times' circulation grew after it started charging online fees or requiring a print subscription for full access to its website and mobile services. That began just before the start of the latest circulation reporting period. Digital subscriptions are included in the circulation totals. The Times had the highest circulation on Sundays with 1.6 million. Neither the Journal nor USA Today publishes on Sundays.
benton.org/node/103743 | Associated Press
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CONTENT
AMAZON PUBLISHING
[SOURCE: paidContent.org, AUTHOR: Laura Hazard Owen]
Amazon isn’t exactly lacking for praise these days, and much of it is deserved. The company has revolutionized digital publishing: Its Kindle sparked the e-book boom, its e-bookstore has the widest selection of titles online, and its easy-to-use publishing platform has made self-publishing a legitimate and lucrative option for some authors. Amazon, which made its fortune selling other publishers’ books, is now pushing hard into the business of signing up and publishing its own authors, in both digital and print. Yet beyond these bullish prognostications, there’s been little effort to gauge the success of Amazon’s nascent publishing efforts. The company has published books since 2009, ranging from literature in translation to romance and thrillers. Many of the authors had previously self-published their books; others left traditional publishers to work with Amazon. Amazon Publishing has released 149 titles across its first six imprints since 2009, with an additional 114 slated to be released between November 2011 and October 2013. Meanwhile, Amazon will release “more than 100 titles” this fall, which suggests that some planned titles aren’t yet on the website. The 263 titles provide a fairly comprehensive look at what Amazon has published so far and where it is headed. Here are some findings:
261 of the 263 titles are available as print books as well as digital books.
Print almost always means trade paperback. (Just 13 titles available in hardcover)
The average sale price of an Amazon Publishing paperback is $9.92. (The average price of a trade paperback in 2010 was $10.14, according to publishing research firm R. R. Bowker.)
The average price of an Amazon Publishing e-book is $6.91. (The average price of an e-book in 2010 was $5.75, according to Bowker.)
The books are heavily reviewed by customers (more on that later). Amazon Publishing titles have, on average, 47 reviews, with an average star rating of 4.09.
benton.org/node/103691 | paidContent.org
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AMAZON E-BOOK LENDING
[SOURCE: Wall Street Journal, AUTHOR: Jeffrey Trachtenberg, Stu Woo]
As the e-reader and tablet wars heat up, Amazon.com Inc. is launching a digital-book lending library that will be available only to owners of its Kindle and Kindle Fire devices who are also subscribers to its Amazon Prime program. The program will be limited, at least at the beginning, in what is available to borrow. Amazon will initially offer slightly more than 5,000 titles in the library, including more than 100 current and former national bestsellers. None of the six largest publishers in the U.S. is participating. Several senior publishing executives said recently they were concerned that a digital-lending program of the sort contemplated by Amazon would harm future sales of their older titles or damage ties to other book retailers. Moreover, Amazon will restrict borrowers to one title at a time, one per month. Borrowers can keep a book for as long as they like, but when they borrow a new title, the previously borrowed book automatically disappears from their device. The new program, called Kindle Owners' Lending Library, cannot be accessed via apps on other devices, which means it won't work on Apple Inc.'s iPad or iPhone, even though people can read Kindle books on both devices. This restriction is intended to drive Kindle device sales, says Amazon. The program, which is effective Thursday, comes a few weeks before Amazon ships the Kindle Fire tablet on Nov. 15, which is a direct competitor with the iPad.
benton.org/node/104046 | Wall Street Journal
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HEALTH
TEXT4BABY
[SOURCE: The White House, AUTHOR: Hillary Chen]
Text4baby, a free health education text messaging service for pregnant women and new moms, is reaching its primary target audience of medically underserved women and achieving a number of its health education goals, according to a preliminary assessment presented at the American Public Health Association annual meeting this week. The program, made possible through a broad, public-private partnership, is the first free mobile health information service in the United States and is an important example of leveraging widely used technology—in this case, cell phones -- in new ways to improve the lives of Americans. Pregnant and new moms who sign up for text4baby (by texting BABY or BEBE to 511411) receive three text messages per week containing health tips and resources.
The study by the National Latino Research Center at California State University and the University of California, San Diego, showed “very high satisfaction with the service, increase in users’ health knowledge, improved interaction with healthcare providers, improved adherence to appointments and immunizations, and increased access to health resources.” The study consisted of interviews with 38 text4baby users and a survey of 122 text4baby users, all in San Diego County. Participants rated text4baby as an 8.5 out of 10 overall, and indicated that:
81% have an annual household income under $40,000
65% are either uninsured or enrolled in California’s Medicaid program
63% said the service helped them remember an appointment or immunization that they or their child needed
75% said they learned a medical warning sign they didn’t know previously
71% talked to their doctor about a topic they read on a text4baby message
39% called a service or phone number they received from a text4baby message (this rose to 53% among individuals without health insurance)
benton.org/node/103688 | White House, The
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PRIVACY
AD COMPANIES’ COOKIES
[SOURCE: Los Angeles Times, AUTHOR: David Sarno]
Your computer's appetite for cookies would put the Cookie Monster to shame. Without letting you know, your Internet browser gulps down hundreds of the digital tracking beacons fed to it by the websites you visit, sometimes storing them for months or years, enabling an array of companies you've never heard of to monitor what you do online. Cookies are not inherently dangerous — they are a kind of virtual ID card that helps browsers perform a number of online tasks that most users have come to expect: allowing you to stay logged in to your Google or Yahoo email service, or to go from page to page on Amazon.com while filling up your shopping basket with books. Each time you add a new book, for instance, your browser sends a request to Amazon's servers, flashing the special ID code on the cookie. Because Amazon placed the cookie on your computer in the first place, it will recognize the ID it assigned to you, look up your account and add the new book to your basket. But the useful cookies are far outnumbered by those that serve no other purpose than to keep track of what you do online. They often come from sites you have never visited. This can happen when you open pages that carry embedded advertisements, which are capable of adding cookies to your browser without your permission or knowledge — and often do.
benton.org/node/104045 | Los Angeles Times
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FACEBOOK PRIVACY
[SOURCE: Bloomberg, AUTHOR: ]
Facebook may be tracking the Internet activity of users even after they cancel their accounts, the German data privacy watchdog said. After an investigation of the way cookies are installed after a user opens and then closes a Facebook account, the Hamburg Data Protection agency said on its Web site that it suspected the company was unlawfully tracking subscribers. “Arguments that all users have to remain recognizable after they leave Facebook to guarantee the service’s security can’t stand up,” Johannes Caspar, the agency’s head, said on the Web site. “The probe raises the suspicion that Facebook is creating user tracking profiles,” which would be unlawful if users were not alerted. Cookies are created for each new Facebook user and some are maintained when a user leaves the service. The cookies are stored for two years and can clearly identify users during that time, the regulator said. The German regulator’s action adds to investigations of Facebook by the Irish data protection agency and the Norwegian privacy watchdog. A group of European Union regulators has said it will look for possible privacy violations in Facebook’s facial-recognition feature.
benton.org/node/104041 | Bloomberg | San Jose Mercury News
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EMERGENCY COMMUNICATIONS
EAS TEST NEXT WEEK
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
Viewers looking forward to their afternoon talk show and soaps may be in for a surprise if they tune in at 2 p.m. (eastern) Nov. 9. The Federal Emergency Management Agency, Federal Communications Commission and National Oceanic and Atmospheric Organization will administer the first national test of the Emergency Alert System at 2 p.m. Eastern Standard Time. The system is used to communicate with the public during a national emergency. The test will last up to three and a half minutes and play simultaneously on all regularly scheduled television, radio, cable and satellite programs.
benton.org/node/103675 | Hill, The
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EAS SURVEY
[SOURCE: Rehabilitation Engineering Research Center for Wireless Technologies, AUTHOR: ]
On November 9, 2011, the Federal Communications Commission will conduct a national test of the Emergency Alert System (EAS) over television and radio. The Rehabilitation Engineering Research Center for Wireless Technologies (Wireless RERC) is conducting a survey of people with visual and hearing impairment in order to understand the effectiveness of EAS. We are conducting two surveys – one survey before the national EAS test (pre-test survey) and one survey after the national EAS test (post-test survey). Please take a few minutes to complete the pretest survey. After the EAS test we will release the post-test survey.
benton.org/node/103673 | Rehabilitation Engineering Research Center for Wireless Technologies
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FCC REFORM
FCC REFORM LEGISLATION
[SOURCE: House of Representatives Commerce Committee, AUTHOR: Press release]
Rep. Greg Walden (R-OR), chairman of the House Commerce Subcommittee on Communications and Technology, and Sen Dean Heller (R-NV) unveiled legislation to improve the way the Federal Communications Commission operates by improving transparency, predictability, and consistency as part of Republicans’ ongoing effort to ensure the commission’s work encourages job creation, investment, and innovation. The legislation would:
Require the Commission to survey the state of the marketplace through a Notice of Inquiry before initiating new rulemakings to ensure the Commission has an up-to-date understanding of the rapidly evolving and job-creating telecommunications marketplace.
Require the Commission to identify a market failure, consumer harm, or regulatory barrier to investment before adopting economically significant rules. After identifying such an issue, the Commission must demonstrate that the benefits of regulation outweigh the costs while taking into account the need for regulation to impose the least burden on society.
Require the Commission to establish performance measures for all program activities so that when the Commission spends hundreds of millions of federal or consumer dollars, Congress and the public have a straightforward means of seeing what bang we’re getting for our buck.
Apply to the Commission, an independent agency, the regulatory reform principles that President Obama endorsed in his January 2011 Executive Order.
Prevent regulatory overreach by requiring any conditions imposed on transactions to be within the Commission’s existing authority and be tailored to transaction-specific harms.
Enhance consistency and transparency in the Commission’s operations by requiring the FCC to establish and disclose its own internal procedures for:
o adequate review and deliberation regarding pending orders,
o publication of orders before open meetings,
o initiation of items by bipartisan majorities, and
o minimum public review periods for statistical reports and ex parte communications.
Require the FCC to establish its own “shot clocks” so that parties know how quickly they can expect action in certain proceedings and provide a schedule for when reports would be released.
Empower the Commission to operate more efficiently through reform of the “sunshine” rules, allowing a bipartisan majority of Commissioners to meet for collaborative discussions subject to transparency safeguards.
Consolidate eight, separate congressionally mandated reports on the communications industry into a single comprehensive report with a focus on intermodal competition, deploying communications capabilities to unserved communities, and eliminating regulatory barriers.
Gigi B. Sohn, president and co-founder of Public Knowledge, said: “The result of this legislation … would be to gut the agency and its stated purpose of protecting the public interest. The bills would rewrite the Communications Act, substituting the concepts of private interests, principally large telecommunications companies, for that of the public interest. Nothing in the Communications Act requires that regulations be dependent on failure of markets, or of excessive burdens on industry. While some burdens are inevitable, the protection of the public interest should be paramount. While there are some good features to this bill, including flexibility for commissioners to meet, overall we believe it would be a setback to the agency’s ability to carry out its mission.”
benton.org/node/103721 | House of Representatives Commerce Committee | The Hill
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FCC NOMINATION PROCESS
[SOURCE: Public Knowledge, AUTHOR: Harold Feld]
Hopefully, the Senate will confirm Jessica Rosenworcel and Ajit Pai before the end of the year, when the Federal Communications Commission will otherwise drop down to three commissioners. For those unfamiliar with how this works, or with the candidates themselves, here’s a primer. Both candidates will need a confirmation hearing (although they will probably share the same single hearing) by the Senate Commerce Committee, which has jurisdiction over telecom and the FCC. That’s likely to happen fairly quickly. After all, these are the Senate’s picks, everyone has known for some time that these two were the most likely candidates, so there is no reason to delay. As an added bonus, it is Commerce Committee Chairman Jay Rockefeller, Rosenworcel’s boss, who gets to set the hearing schedule. Hearings like this (as opposed to hearings on more controversial nominees or more important offices) tend to be low-drama and poorly attended affairs. The key thing that happens is that members with particular issues or concerns get to go on record with their issues and can try to press the nominees to commit to something, or at least get a position on record. The nominees, of course, know how the game is played and will state very general answers that don’t commit to anything but try to give some basic support to their overall groups or constituencies. The more technical and wonky the question, the more likely we are to see the nominees answer more substantively in a general way about their priorities and philosophy. It will also be interesting to see what Senators care about specific issues. Odds are good there will be a bunch of spectrum questions. The real question is whether anyone will ask about broadcast or other “old media” issues. These issues are likely to get even less attention than they do now once Copps leaves. So it will be interesting to see whether anyone on the Committee exhorts the nominees to focus on these issues as well as the telecom stuff or if things like media ownership have dropped below the Congressional priority threshold.
While it is likely that the nominations will move quickly through the Committee, getting fast confirmation by the full Senate is a lot more uncertain. Even at the best of times, juggling everything to get floor time for a vote can be problematic. With the Senate likely to be consumed with SuperCommittee fall out (whether or not they reach an agreement) and other end of the year nonsense, it will be a real challenge for Senate Majority leader Harry Reid to squeeze it in.
benton.org/node/103690 | Public Knowledge
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STORIES FROM ABROAD
SAMSUNG VS APPLE IN AUSTRALIA
[SOURCE: The Verge, AUTHOR: Matt Macari]
Samsung asked an Australian judge for an order requiring Apple to hand over source code and mobile telco agreements relating to the iPhone 4s. The early reactions assumed that this request is similar to Samsung's failed attempt to get pre-launch (or non-existent) "iPhone 5" and "iPad 3" product specifications in its US case against Apple. But this is actually quite different — it's exactly what Samsung should be asking for at this point. Two main components go into a patent plaintiff's case: infringement and damages. In order to prove an alleged patent infringement, it's pretty clear Samsung will need to see the relevant parts of Apple's code, just as Apple will need to examine the relevant parts of Android for its case. It would be nearly impossible to demonstrate how a specific device actually operates internally without access to its code. That doesn't mean Samsung will necessarily be able to see all of Apple's code; it's likely it will just get access to the parts that are affected by its patent claims. And Samsung's second request to secure the agreements between Apple and the Australian carriers seems reasonable as well — it can make a strong argument that it needs the telco's iPhone-related revenue and share data in order to calculate any potential damages Apple may have to pay. Samsung was primarily acting in a defensive capacity when it asked the US judge to hand over the goods on unreleased iOS devices. Samsung's recent discovery request in Australia appears, at least on its face, to be a legitimate attempt to build an offensive case against Apple and the iPhone 4s. Now, what the Australian court might do is obviously a guessing game, but it's doubtful the judge will think these new requests are baseless.
benton.org/node/103767 | Verge, The
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LONDON CYBER CONFERENCE
[SOURCE: Reuters, AUTHOR: Georgina Prodhan, Adrian Croft]
Attempts by China, Russia and others to gain more control over the Internet are doomed to failure, Britain said, after hosting a major conference on cyberspace that it said sent a clear signal to authoritarian governments. Speaking after the London conference attended by 60 nations, British Foreign Secretary William Hague said threats of cyberterrorism and cybercrime were real, but should not be used as a pretext for online repression. "The conference agreed that efforts to improve cyber security must not be at the expense of human rights," he said, summing up the conference's conclusions. "My message to governments is that in the long term efforts to resist the freer flow of information, the tide that is flowing toward greater transparency and accountability, will fail."
benton.org/node/103763 | Reuters
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AAKASH
[SOURCE: National Public Radio, AUTHOR: Corey Flintoff]
India has unveiled what its government says is the world's cheapest tablet computer, along with a promise to make the device available to the country's college students, and possibly, to those in high school as well. The government says it's a major step toward bridging the country's gigantic digital divide. The tablet is called "Aakash," the Hindi word for "sky," and boosters say it could give Internet access to billions of people. The Aakash was developed for the government by Datawind, a London-based company founded by two brothers from India's Punjab state. Datawind is selling the Aakash to the government for about $50 apiece. In turn, the government is looking to subsidize enough of the cost to make it available to students at about $35, not much more than the cost of a fairly basic mobile phone. But cost is still at the heart of most complaints about the Aakash, from people who say the government is buying expensive gadgetry when it should be addressing the real problem: that India's education system is a mess.
benton.org/node/103748 | National Public Radio
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