June 2009

Cable group turns Network Neutrality around over ISP access fees

Small cable operators say they worried about content providers charging Internet service providers "discriminatory" access fees, which they say Disney does with ESPN360.com. They want the Federal Communications Commission to stop the practice before it spreads, turning the arguments about Network Neutrality in a new direction. Free Press' Ben Scott says his "gut reaction" to ESPN360 was that "it's a terrible business model that defeats the whole idea of maximizing exposure on the Internet." "E-commerce is built on an online marketplace where companies are free to charge for their services, and consumers are free to buy them," Scott added. "The situation changes when companies begin walling off content and selling network operators the right to distribute it."

Half of Americans Say Broadband Must be Available to All, Government Must Not Regulate

Americans are increasingly supportive of government programs to guarantee universal Internet access while remaining wary of regulation, said a Zogby poll released Friday. Almost half of the 3,030 respondents to the survey - 44 percent - believe universal Internet access should be guaranteed by the federal government. Of respondents, 20 percent said they support programs to give Americans personal computers if they lack them. And more than two-thirds, or 71 percent, say those who lack Internet access will be less successful economically than those who regularly go online. But universal access remains a partisan issue, the survey said. While 78 percent of liberals said the government should make sure the Internet is available to all, only 18 percent of conservatives agreed with the statement.

Sprint/Nextel Gets Extension to Move BAS to New Home in Spectrum Band

The Federal Communications Commission has given Sprint/Nextel until Feb. 8. 2010, to complete the move of broadcaster auxiliary services--TV station electronic newsgathering, for example, and studio-to-transmitter links--to a new home in the spectrum band. The move is essentially ENG's digital transition. The company joined with broadcasters to seek the extension, citing the impacts of weather, broadcaster bankruptcies, delays in the DTV transition and the general complexity of the project in asking for the delay. That came in a decision released Friday.

House Subcommittee Schedules Two Hearings

This week, the House Communications Subcommittee will hold two hearings -- the first June 16 to consider a draft of the Satellite Home Viewer Act reauthorization bill. The big question there is how narrow the bill will be. Among the issues is could address are allowing satellite and cable to import distant signals from adjacent markets when those markets cross state lines (split markets), and important adjacent signals into so-called "short" markets that lack one or more network affiliates. A bill needs to pass by the end of the year, or satellite companies' blanket license to import distant network signals to viewers would expire and they would theoretically have to negotiate individually with any station they wanted to import. On June 18, the Subcommittee will discuss behavioral advertising, a priority for Subcommittee Chairman Rick Boucher (D-VA).

Broadcasters Hit Hill to Fight Bill

A traveling party of about a dozen Fox affiliate leaders will descend on Washington this week to voice its concern for a bill co-sponsored by Rep Mike Ross (D-Arkansas). The group says the bill could rewrite the Designated Market Area map and put a major drain on station revenue. The Ross bill and the Satellite Home Viewer Extension and Reauthorization Act (SHVERA) are top priorities for broadcasters in the coming months. Both pertain to the rules that govern a station's right to market-exclusivity for its programming. SHVERA, which the FCC says "created an opportunity for subscribers to qualify, via signal-strength tests, to receive distant digital television broadcast signals from satellite carriers," comes up for renewal every five years, and is due for reauthorization by the end of 2009.

Court Won't Lift Stay On Newspaper/Broadcast Crossownership Rule Change

The Third Circuit Court of Appeals Friday said its stay of the Federal Communications Commission's media ownership rule rewrite would remain in place, saying it wanted to hear back from the parties to the case on October 1. The stay has been in place for about six years, dating from the FCC's first attempt to rewrite the ownership rules back in 2003 under then-chairman Michael Powell, but more recently extended to the loosening of the newspaper-broadcast crossownership rules in December 2007, under then FCC Chairman Kevin Martin, which were almost immediately challenged in court by both sides of the issue. Among those opposing delaying a court decision were the Newspaper Association of America, Media General, Tribune, CBS, Fox, Gannett and a number of other broadcast groups, who have for years been trying to get some regulatory certainty, though they were looking for the FCC to lift rather than modify the ban. In fact, they challenged the rules in court as not sufficiently deregulatory.

Improving Online Public Participation in Agency Rulemaking

Every member of the public is touched by federal rules and regulations that have a real impact on such things as the drinking water quality; food inspection; and automobile safety. Since 2003 Regulations.gov has been the primary resource for citizens to access, view and comment on the regulations that affect their lives. Regulations.gov is managed by the eRulemaking Program - an interagency program comprised of more than 30 federal departments and agencies and led by the Environmental Protection Agency. The mission of the eRulemaking Program is to increase public access to, participation in, and understanding of federal rulemaking and improve agencies' efficiency and effectiveness in developing rules. As a next step in improving public access and participation in the rulemaking process, the Administration launched the Regulations.gov Exchange on May 21, 2009. With the Exchange, the Administration presented proposed features and functions for the Regulations.gov web site and solicited public opinions and suggestions on possible improvements. The Regulations.gov Exchange is open until July 21, 2009 and the Administration encourages users to support our efforts to improve Regulations.gov by joining the dialogue. The Administration is also expanding the discussion on how to improve online public participation in agency rulemaking. In the spirit of President Obama's Open Government Initiative, the Administration is looking for better ways to engage members of the public, provide them with the information they need and improve the ways its meet our goals.

White House CTO Lauds Google's 20% Time

Aneesh Chopra, the White House's newly appointed chief technology officer, encouraged tech executives to adopt Google's "20% time" practice. "Many of you might know that Google, as a company, reserves 20% of their time for their engineers and others to experiment with ideas that they may not have developed," he said at a Consumer Electronics Association conference in New York. "To my friends in the room who make consumer devices, think about your 20% time," and consider using it to develop products and services with a societal benefit. Americans across the board are consuming more bandwidth, he said, but public policy around broadband and technology in general is lagging. He noted President Barack Obama's recent comments on the importance of technology education, and said technology must be considered as part of health-care, energy, education and economic policy, not an isolated area.

AP in Deal to Deliver Nonprofits' Journalism

Starting on July 1, The Associated Press will deliver investigative journalism by the Center for Public Integrity, the Investigative Reporting Workshop at American University, the Center for Investigative Reporting, and ProPublica to the 1,500 American newspapers that are AP members, which will be free to publish the material. The AP called the arrangement a six-month experiment that could later be broadened to include other investigative nonprofits, and to serve its nonmember clients, which include broadcast and Internet outlets. The deal will greatly expand the potential audience for the four nonprofit groups and help newspapers fill the gap left by their own shrinking resources.

Has Hathaway's Star Fallen?

A lot of names are being floated around as possible picks for the position of cyber czar, and interestingly enough, none seem to be Melissa Hathaway. She led the 60-day cyber review ordered by the White House in February, and for a long time it seemed certain she would advise President Obama on all things cyber. One intel official, when asked whether he thought she'd get the job, said "probably so." Now, less than two weeks after Obama announced his comprehensive approach to the issue, Hathaway seems a long shot.

Benton

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