September 2009

AT&T IPhone Data Woes Depress Perception

For AT&T, the benefit of success that comes as the exclusive carrier of the iPhone may very well also be a burden. Amid press reports that AT&T's network is having trouble keeping up with its customers' data usage (directly related to the iPhone adoption), company perception among adults has dropped steadily over the summer, according to YouGovPolimetrix's BrandIndex, which measures daily consumer perception of brands. "There's been a significant amount of high-profile press in the past couple of weeks about AT&T's data problems," Ted Marzilli, CEO of YouGovPolimetrix, tells Marketing Daily. "There's no question it implies that there are some serious concerns for AT&T and Apple as they consider [extending the exclusivity of] the iPhone."

Will Genachowski Help Obama Find A Heart, Brain and Courage To Face Glenn Beck?

[Commentary] There are several rather astounding things about the current campaign of Glenn Beck against various Administration appointees. Most astounding, however, has been the Obama Administration reaction to date: quick capitulation in the face of relatively small pressure. Indeed, one of the reasons there was so little initial defense of Van Jones in progressive circles was because most of us were unaware of the attack until the Van Jones' "resignation." As compared to previous campaigns in the Clinton years or Bush years to oust various officials, pressure to fire Van Jones had not even approached noticeable, let alone "scary." The Van Jones firing proved a major strategic blunder. It infuriated the Netroots and younger civil rights constituencies, who felt betrayed, and it emboldened Beck and his following to seek new "kills." It also demonstrated the truth of Feld's Rule of Political Power: "Your political power is directly related to your perceived ability to cause pain." Among the latest targets of Beck and his followers is Mark Lloyd at the Federal Communications Commission. I've known Mark for some years and consider him friend, so I am hardly the most impartial of defenders here. Besides, my Public Knowledge colleague Art Brodsky and others have written strong personal defenses of Mark and debunked the charges against him as well or better than I could. Nor is my purpose here merely to fulfill my Biblical obligation not to suffer "a tale bearer among thy people, nor stand by the blood of thy neighbor" (Lev. 19:16) by re-iterating the defense of Mark Lloyd.

FCC Report Language Troubles Attorneys

Even as the Federal Communications Commission released its media management report to Congress two weeks ago, it was already agreeing with a congressional call for more than the requisite survey of the landscape the report provided. While acknowledging the report failed to answer some key questions, the FCC signaled an additional inquiry. And both the report and the further review are buttressed by language that could lay the groundwork for applying indecency regulations to cable and satellite. In the report, which was approved unanimously by the five commissioners, the FCC described television as a "uniquely pervasive presence in the lives of all Americans," attributing the quote to the 1978 Pacifica decision involving airing of George Carlin's "filthy words" routine. It went on to talk about TV as the medium of choice, supporting the claim with statistics that do not separate out broadcasting from cable or satellite, as a preamble to discussing what content control tools are available on both pay and free TV. The rub in all this is that the FCC put "television" in front of the Pacifica quote in the report, when Pacifica dealt generally with "broadcasting," and with only over-the-air broadcasting. The Pacifica case, in fact, was about radio. But by applying the "uniquely pervasive" moniker to all of TV, free and pay, the FCC echoed the longstanding justification for content regulation that has not applied to pay TV media.

DoJ decides that Microsoft-Yahoo deal deserves more scrutiny

As expected, the Justice Department has demanded more information about the Microsoft-Yahoo search deal. Yahoo has less reason to worry than it did when it was courting Google, but at the very least, it will be a while before the deal is approved. Over the course of the review, the companies expect to be asked about their search engine investments to ensure that Microsoft's search engine Bing is a viable product, how the companies' online ad auctions operate, and what might happen to prices as a result of the combination. The DoJ is also interested in seeing search engine product plans from both companies to see if competition will become more vigorous or not.

Microsoft $358 million damage award overturned

The United States Court of Appeals for the Federal Circuit, which handles many patent and trademark cases, on Friday overturned a $358 million damages award against software maker Microsoft Corp in a long-running patent dispute with French telecoms equipment firm Alcatel-Lucent. The court held that Microsoft did indirectly infringe Alcatel's patents, but said the damages awarded against the firm were not justified and must be retried.

What's Really Going on With the Latest Challenge to Nielsen?

As has been reported everywhere, dissatisfaction with Nielsen is nothing new. And past efforts to fund a true challenger to Nielsen have failed. Is this time different? Maybe. First things first. There are myriad issues with set-top box data. First, it's interesting that the folks who have the data—the cable operators, satellite providers, and the telcos who provide video—are not members of the coalition. Secondly, there aren't any standards thus far for gathering data from the boxes. And what about the fact that the boxes are not in the homes of many minorities? There are issues of getting enough information on a national basis, issues about privacy, and issues about getting demographic data. So clearly, in its initial stages, the Coalition for Innovative Media Measurement (CIMM ) is an attempt to stimulate research at the set top box level, to create a common platform for analyzing that kind of census level data and to find constructive ways to stimulate discussion. Moving forward, if the many challenges can be met, perhaps CIMM can develop a currency with which to base the buying of ad time across myriad platforms. And that's a prospect that should keep Nielsen executives up at night.

GIS the Big Winner in Push for Open Government

[Commentary] For all the lofty statements made during the first day of the Gov 2.0 Summit, about opening up government and its vast reservoirs of data to improve democracy and citizen engagement, it was clear there would be one major winner: GIS. The math is simple. According to the U.S. Office of Management and Budget's Federal Enterprise Architecture framework, 74 percent of government data is location based. At the state and local level, the number is even higher: 80 percent, according to several organizations and publications. The summit's program co-chair, Tim O'Reilly, founder and CEO of O'Reilly Media Inc., gives two major reasons why government must be viewed as a platform: The public sector built two of the most important digital infrastructures: the Internet and GPS. "The government built these platforms and the private sector ran with them," he concluded. Just as important is the fact that government has also become a major beneficiary of both platforms.

USDA will debut new version of online learning platform

A leading government online learning program that serves as a model for job training programs in China soon will allow federal employees to use more social media tools for training. The Agriculture Department's program, AgLearn, is scheduled for an upgrade to a new version of its supporting software, allowing it to provide its employees with blogs and wikis related to their training, Stanley Gray, USDA's director of e-training told a group of Chinese trainers at a session organized by the World Bank in Washington on Thursday.

Health Care and Telemedicine
BroadbandCensus.com
Tuesday, October 13, 2009
8 a.m.
Clyde's of Gallery Place
707 7th Street NW
Washington, DC 20001
http://broadbandcensus.com/2009/10/father-of-telemedicine-to-speak-at-br...

The Federal Communications Commission is in the midst of considering a major national initiative: a National Broadband Plan. What are the contours of such a plan likely to resemble? How will this broadband stragegy affect deployment, adoption and use of broadband throughout the United States? How will it affect health care, the environment, the digital divide, and online learning?

How will broadband affect burgeoning controversies over health care? Are the cost savings available through telemedicine as good as promised? Will information technologies be part of the solution - or just another complicating factor in the intricate medical system?

Panelists:

  • Dr. Adam Darkins, Department of Veterans' Affairs.
  • Col. Ron Poropatich, M.D., Department of the Army.
  • Dr. Jay Sanders, Global Telemedicine Group; often dubbed the "father of telemedicine."


BroadbandCensus.com
September 15, 2009
8 a.m.
Clyde's of Gallery Place
707 7th Street NW
Washington, DC 20001

The Federal Communications Commission is in the midst of considering a major national initiative: a National Broadband Plan. What are the contours of such a plan likely to resemble? How will this broadband stragegy affect deployment, adoption and use of broadband throughout the United States? How will it affect health care, the environment, the digital divide, and online learning?

What have the FCC's summer broadband workshops accomplished? What role will FCC Chairman Julius Genachowski and his new staff play in shaping the plan, and how will the process unfold over the next six months? How will the broadband stimulus program already underway affect the development of the FCC's plan?

Panelists:

Joe Waz, Senior Vice President, Comcast
As Senior Vice President of Comcast Corporation, Joe Waz has primary responsibility for the company's public policy activities. He also serves as President of the Comcast Foundation. Before joining Comcast in 1994, Waz spent 11 years at The Wexler Group in Washington, D.C., serving as executive vice president and general counsel, and began his Washington career with Ralph Nader's Telecommunications Research and Action Center. Waz holds a bachelor's degree cum laude from Boston University and a doctor of laws from the University of Connecticut. Waz has received the cable industry's highest honor, the Vanguard Award, has also been recognized by the Arts & Business Council of Greater Philadelphia, the Cable Television Public Affairs Association, and the Minority Media & Telecommunications Council.

Aaron Smith, Research Specialist, Pew Internet & American Life Project
Aaron Smith has been with the Pew Internet Project since the spring of 2007. He is the lead author on several reports examining the role of the internet in the 2008 elections, and has co-authored research on teens and technology, the role of technology and family life, and the demographics of internet use. He holds a Masters degree in Public Affairs and an undergraduate degree from the Plan II Honors Program, both from the University of Texas at Austin.

Bruce Kushnick, Executive Director, New Networks Institute
Bruce Kushnick has been a telecom analyst for 27 years, and is currently the executive director of New Networks Institute, a market research firm, started in 1992. He is also one of the founders of Teletruth in 2001. He was a member of FCC Consumer Advisory Committee in 2003-2004 and has worked with the Small Business Administration's Office of Advocacy on competitive issues. Teletruth's "Send us your phone bills" campaigns has lead to class action suits and major refunds for overcharging, and last year received a grant from the California Consumer Protection Fund. Bruce currently writes on broadband and telecom topics for Harvard Nieman Foundation for Journalism's Watchdog project.

Joanne Hovis, President-Elect, National Association of Telecommunications Officers and Advisors