September 2009

President Obama's televised prime-time addresses are becoming a tougher sell to the broadcast networks than his sweeping health care reform has been to Middle America. A day after news broke of the president's plan to address a joint session of Congress on health care issues in prime time Wednesday, not one of the Big Four networks has said it would carry the address live. Among other things, the networks have been waiting to hear when the address will start, with sources indicating Thursday night that the White House was leaning toward 8 p.m. After a brief post-inauguration honeymoon, the broadcast networks have become increasingly frustrated by the frequency of Obama's requests for prime-time coverage. The pre-emptions wreak havoc on the networks' schedules and cost millions of dollars in lost ad revenue.

On Friday, the Federal Trade Commission filed comments in response to the Federal Communications Commission Notice of Inquiry regarding development of a National Broadband Plan that will seek to ensure that every American has access to broadband capability. In its comments, the FTC states that the FCC should take into consideration the FTC's two primary missions ­ promoting competition and protecting consumers in the marketplace.

"The FCC deserves tremendous credit for its leadership in creating a national broadband policy that will help bring high-speed Internet access and services to Americans across the nation," said FTC Chairman Jon Leibowitz. "As the agency that shares jurisdiction over broadband and the Internet, we look forward to working with the FCC in fulfilling this historic mission. We believe that the FTC's core competencies ­ promoting competition and meaningful consumer protection ­ are critical to ensuring that broadband is available, affordable, and consumer-friendly."

The FTC comments point out that competition and consumer protection work together to benefit consumers. Competition pressures producers and service providers to offer customers the most attractive array of choices with respect to price, quality, and other options. At the same time, consumer protection policy promotes informed decision-making by customers and requires sellers to provide meaningful, timely information about their products and services. If competition and consumer protection are considered in developing the National Broadband Plan, the FTC believes consumers' access to the Internet will be improved, as will their ability to enjoy specific content and applications once they have broadband capability. The FTC's comments question whether there is significant competition within the broadband arena. To evaluate that competition and tailor appropriate regulatory policies, the FTC suggests that the FCC use some of the analytical tools used by the FTC and DOJ in antitrust cases. Consumer protections also are essential to help foster greater adoption of broadband. Finally, the FTC comments describe the substantial research and law enforcement resources the FTC has devoted to the intersection of the Internet, broadband, and competition and consumer protection policy, and states that the Commission is dedicated to continued law enforcement and consumer education initiatives for this emerging market.

The Federal Communications Commission is seeking public comment on telework as part of the National Broadband Plan. The FCC would like to know 1) how broadband increases the effectiveness of telework, 2) how telework programs help attract jobs or companies to economically struggling areas, and 3) what of private, public, and non-profit entities have telework programs.

Matt Warner writes, "Telework isn't just about providing a benefit to employees. Rather, telework seems to benefit workers, employers, and society as a whole. Case studies from the Government Accountability Office and the Patent and Trademark Office suggest that telework provides needed flexibility for an organization and its staff in emergencies while being greener for the environment. Despite these and other potential advantages of telework and broadband's ever-expanding ability to make work geographically irrelevant, not being physically "there" may not yet be societally "there.""

Comments are due September 22, 2009.

On September 3rd the Federal Communications Commission's National Broadband Plan workshop included two distinguished panels of academics and policy experts to focus on "Big Ideas," specifically the future of the Internet and broadband video content. The moderator, John Peha, the Chief Technology Officer of the FCC, framed the panels as discussions about the benefits the future might hold and the downfalls we might encounter as we move forward with the National Broadband Plan. The panelist spoke of the future of the Internet, the weaknesses and architecture of the Internet, and new trends in mobility, video and applications that will lead to further adoption.