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BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, SEPTEMBER 30, 2014
FCC meeting today http://benton.org/calendar/2014-09-30/
INTERNET
The FTC doubles down on its net neutrality ambitions
Network Neutrality Gets New ‘Title’
Remarks of Lawrence Strickling Assistant Secretary of Commerce for Communications and Information The Media Institute - speech
TELECOM
FCC Announces Further Details Regarding the Rural Broadband Experiments - public notice
WIRELESS/SPECTRUM
Here's how to expand wireless spectrum - Jessica Rosenworcel, Marty Cooper op-ed
Chairman Wheeler Wants FCC to Study 5G and Millimeter Wave [links to web]
AT&T’s congestion magically disappears when it’s signing up new customers
OWNERSHIP
Comcast/TWC merger vote delayed after NY regulators find “deficiencies”
FCC Asks Media Firms for Details of Comcast Contracts
TELEVISION
The FCC could end its support for sports TV blackouts [links to web]
FCC Proposes Defining 'Linear' OVDs as MVPDs
The greed of it all - TVfreedom op-ed [links to web]
Resistance to Dodgers Channel Sends Message on Pricing [links to web]
EDUCATION
FCC Chairman Tom Wheeler Remarks at the Second Ed Tech Summit - speech
CONTENT
The Two Questions Everyone Should Ask When Surfing the Web - op-ed [links to web]
Why Rumors Outrace the Truth Online [links to web]
EMERGENCY COMMUNICATIONS
FCC Should Ensure That Help Will Arrive For 911 Calls - Public Knowledge press release [links to web]
GOVERNMENT & COMMUNICATIONS
Reagan order ‘primary source’ for NSA spying
STORIES FROM ABROAD
Nominee for European Digital Job Explains Positions in Hearing [links to web]
EU Believes Apple Tax Deals Broke Rules [links to web]
MORE ONLINE
JD Power: Wireline Service Satisfaction Rises [links to web]
INTERNET
THE FTC AND NETWORK NEUTRALITY
[SOURCE: Washington Post, AUTHOR: Brian Fung]
Federal Trade Commission member Maureen Ohlhausen is warning that consumers will be hurt if the Federal Communications Commission pushes for strong network neutrality protections under Title II of the Communications Act. It's the second time in as many weeks that the FTC has complained about the possible loss of authority under the FCC's net neutrality rules. Commissioner Maureen Ohlhausen said that despite the "possibility" that Internet service providers would abuse their ability to control access to consumers, reclassifying broadband under Title II would put ISPs beyond the legal reach of the FTC, one of the nation's technology regulators. "If an entity is a common carrier providing common carrier services, we can't bring actions against them," said Commissioner Ohlhausen. "If broadband service is reclassified as a common carrier service under Title II, I think that would seriously call into question the ability of the FTC to bring those kinds of actions. So my concern is really not so much for the FTC, but for the loss to consumers -- that they would lose out from having the FTC's active oversight." Title II would give the FCC the latitude to regulate broadband providers in the same manner that it regulates telephone companies -- a step that many net neutrality advocates say is necessary for protecting a level playing field for startups and small businesses online. Opponents say Title II can't accomplish what advocates want it to, and they've proposed lighter-touch regulations in response.
benton.org/headlines/ftc-doubles-down-its-net-neutrality-ambitions | Washington Post
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MMTC AND NETWORK NEUTRALITY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Minority Media & Telecommunications Council (MMTC) is taking a somewhat novel approach in its attempt to help sway the network neutrality debate and keep the open Internet rules in business. MMTC is using a civil rights model to combat what they see as Web discrimination. The model adds yet a different option to the commission’s ongoing net neutrality debate, which has been mainly between considerations of Title I and Title II of the Communications Act. The MMTC prefers inserting a new title into the mix -- Title VII, a part of the Civil Rights Act -- and calls out the Equal Opportunity Commission to help get the FCC’s new proposed rules enforced.
benton.org/headlines/network-neutrality-gets-new-title | Broadcasting&Cable
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INTERNET GOVERNANCE
[SOURCE: National Telecommunications and Information Administration, AUTHOR: Lawrence Strickling]
Looking ahead, debate over the future of Internet governance will once again be in the spotlight when the International Telecommunication Union meets in October for the Plenipotentiary Conference in Busan, Korea. We expect some countries may attempt to change the ITU’s mandate to give governments greater control over the Internet. I would like to make three points about these efforts. First, the U.S. delegation, headed by Ambassador Danny Sepulveda, will strongly oppose such efforts. And we hope and expect that the growing acceptance of the multistakeholder approach by nations, especially those in the developing world, will offer a strong rebuttal to proposals to give governments control over the Internet. Second, there is more at stake here than just growth and innovation. Free expression is also at risk. Nations that favor government control of the Internet tend to be countries that censor or control Internet content. For example, a Freedom House study of the voting by nations at the World Conference on International Telecommunications (WCIT) in Dubai in 2012 concluded that two-thirds of states voting for more governmental control of the Internet censor political, social or religious content within their borders. Third, some that have not studied the history of this issue have argued that these efforts by authoritarian governments to seek greater governmental control of the Internet were encouraged by our announcement in the spring to transition the IANA functions. That simply is not true.
benton.org/headlines/remarks-lawrence-strickling-assistant-secretary-commerce-communications-and-information | National Telecommunications and Information Administration
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TELECOM
FCC ANNOUNCES FURTHER DETAILS REGARDING THE RURAL BROADBAND EXPERIMENTS
[SOURCE: Federal Communications Commission, AUTHOR: Public Notice]
The Federal Communications Commission’s Wireline Competition Bureau releases the application form for the rural broadband experiments, FCC Form 5610, and provides additional information to assist potential applicants in completing the application form. The Bureau also announces that a brief delay in the timing of the applications for rural broadband experiments in order to complete testing of the electronic submission system.
benton.org/headlines/fcc-announces-further-details-regarding-rural-broadband-experiments | Federal Communications Commission
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WIRELESS/SPECTRUM
HERE’S HOW TO EXPAND WIRELESS SPECTRUM
[SOURCE: San Jose Mercury News, AUTHOR: Jessica Rosenworcel, Marty Cooper]
[Commentary] We believe it is time for Washington to issue a challenge. It is time for a contest to spur innovation to improve spectrum efficiency. Think of it as Race to the Top, Spectrum Edition. Here's how it would work. The first person who finds a way to make spectrum use 50 to 100 times more efficient over the next decade would win. The reward could be spectrum itself -- say 10 megahertz suitable for mobile broadband. That might sound like a small goal and a modest reward, but the impact could be really big. If the winner can find a way to use spectrum 50 times more efficiently, 10 megahertz of spectrum could do the work of 500 megahertz using today's technology. The technology developed by the winner, and even the near misses, would help manage the growing demand for our airwaves and further stimulate the wireless economy. Moreover, the reward would be a good deal. Ten megahertz of spectrum may not sound like much, but it could be sold or leased -- and spectrum auctions at the FCC bring in billions. Even a small slice of that revenue represents a pretty sweet incentive. The contest could be just the start. We could take what we learn from it to help develop new measures of spectrum efficiency. This would be a different approach to thinking about the future of our airwaves. Revolutionary opportunities lie ahead -- if we find new ways to seize them.
[Rosenworcel is a Federal Communications Commissioner. Cooper is a pioneer in the wireless industry and is considered the father of the cellphone.]
benton.org/headlines/heres-how-expand-wireless-spectrum | San Jose Mercury News
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AT&T CONGESTION
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
AT&T began offering “double the data for the same price” to new customers and existing customers who sign new contracts, apparently forgetting that its network is so congested that speeds must be throttled when people use too much data. Like other carriers, AT&T slows the speeds of certain users when the network is congested. Such network management is a necessary evil that can benefit the majority of customers when used to ensure that everyone can connect to the network. But as Federal Communications Commission Chairman Tom Wheeler has argued, the carriers’ selective enforcement of throttling shows that it can also be used to boost revenue by pushing subscribers onto pricier plans.
benton.org/headlines/atts-congestion-magically-disappears-when-its-signing-new-customers | Ars Technica
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OWNERSHIP
COMCAST/TWC REVIEW DELAY
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
The New York Public Service Commission has delayed its vote on the Comcast/Time Warner Cable merger from October 2 to November 13. The delay comes as the commission reviews recommendations from the state Division of Consumer Protection's Utility Intervention Unit (UIU). In a filing on August 25, the UIU described "deficiencies associated with the Companies’ current substandard customer service" and said the merger should not be approved unless certain conditions are imposed. The UIU also said there are "deficiencies" in the companies' petition with the state, "specifically, in the areas of improving the Companies’ service to its New York customers, making universal broadband more affordable, increasing broadband speed, and investing in infrastructure, including ways to remedy those deficiencies." Conditions proposed to remedy the problems include expanding eligibility for Comcast's low-cost Internet service for poor people, preservation of Time Warner Cable's $14.99-per-month standalone broadband service for all customers regardless of income status, expansion of broadband in rural areas, implementation of a service quality measure, preservation of customer service jobs in New York, and "the creation of two additional voting seats on the Board of Directors of the merged company to represent New York consumer interests."
benton.org/headlines/comcasttwc-merger-vote-delayed-after-ny-regulators-find-deficiencies | Ars Technica
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COMCAST MERGER REVIEW
[SOURCE: Wall Street Journal, AUTHOR: Amol Sharma, Gautham Nagesh]
The Federal Communications Commission is pushing for media companies to submit details of their programming agreements with Comcast, as it reviews the cable giant's proposed $45 billion merger with Time Warner Cable. The agency believes the documents -- which cover details of the carriage arrangements between Comcast and TV channel owners -- contain information that would be relevant in its review, according to a person familiar with the matter. Media companies, though, are pushing back. Though many of them would like to see the FCC put in place strict conditions on a deal to restrain Comcast's market power, they don't want to reveal details of their contracts with the cable giant, fearing that would give competitors an advantage. Officials from several media companies -- including CBS, 21st Century Fox, Walt Disney, Discovery Communications, Time Warner, Viacom -- met with FCC staff earlier this month to voice their "grave concerns" about releasing "certain highly confidential materials," according to a regulatory filing.
benton.org/headlines/fcc-asks-media-firms-details-comcast-contracts | Wall Street Journal
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TELEVISION
FCC OVD PROPOSAL
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
Apparently, the Federal Communications Commission is working on a proposal that would define an online video provider (OVD) that delivers a linear stream of programming as an multichannel video programming distributor (MVPD), similar to a cable or satellite operator. That means the OVD would have access to content through the FCC's program access rules, but also have to negotiate retransmission-consent with broadcasters. The idea is that over-the top providers would have an FCC-enforced access to vertically integrated programming. The proposal reportedly asks what other MVPD rights and responsibilities beyond access and retransmission carriage should extend to over-the-top providers.
benton.org/headlines/fcc-proposes-defining-linear-ovds-mvpds | Multichannel News
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EDUCATION
E-RATE REFORM
[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeler]
I would like to visit about the next steps in the evolution of the E-rate program. In particular I want to talk about two related issues that remain squarely before the Commission as we consider next steps in the E-rate modernization process: 1) closing the Rural Fiber Gap for schools and libraries, and 2) tackling the affordability challenge.
benton.org/headlines/fcc-chairman-tom-wheeler-remarks-second-ed-tech-summit | Federal Communications Commission
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GOVERNMENT & COMMUNICATIONS
Reagan order ‘primary source’ for NSA spying
EXECUTIVE ORDER 12333
[SOURCE: The Hill, AUTHOR: Julian Hattem]
An executive order signed in 1981 by then-President Ronald Reagan is the “primary source” of authority for the National Security Agency’s foreign spying, according to newly released internal documents. Papers obtained by the American Civil Liberties Union in response to a Freedom of Information Act lawsuit detail the central role that the order plays in authorizing the NSA’s current operations. The “majority” of the spy agency’s intelligence collection is performed “solely pursuant” to the order signed by Reagan and then amended by former President George W. Bush. The order, known as Executive Order 12333, allows the NSA to collect Internet communications about foreigners, including their email messages and online chats.
benton.org/headlines/reagan-order-primary-source-nsa-spying | Hill, The
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