April 2010

"PowerPoint makes us stupid."
-- Joint Forces commander Gen. James N. Mattis (Marine Corps)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, APRIL 27, 2010

NETWORK NEUTRALITY AND BROADBAND REGULATION
   Public Knowledge Warns FCC About Constant Challenges To Broadband Authority and An Open Internet
   No Houdinis Needed: FCC Should Take Direct Way to Broadband Authority
   Protect consumers by ensuring Internet freedom
   Business groups issue warning to FCC on moving forward with network neutrality
   Why Proposed Privacy Legislation Will Do More Harm Than Good For Web Publishers
   FCC needs to step up regulation of Internet broadband service
   Under financial overhaul, FTC could gain enforcement power over Internet
   Google on FCC broadband authority: We're staying out of it

NATIONAL BROADBAND PLAN
   FCC Allows States to Collect Broadband Data
   FCC launches Spectrum Task Force
   Stacey Higginbotham says:FCC's Spectrum Task Force Had Better Be Better Than the X-Men
   Battle erupts over plans for the D-block and public safety
   Senate panel looks to health IT role as population ages

THE STIMULUS
   Last BTOP Grants for Round 1
   County Executives of America Plans To Create National Wireless Broadband Network
   Pennsylvania Research and Education Network to get millions to improve web access
   Government Making Progress on Federal Stimulus Provisions
   DTV Grant Deadlines

MORE ON BROADBAND
   16% of US homes can now get fiber, but deployments slowing
   Cable Considers Faster Broadband Standard
   Open vs. Closed: What Does Open Really Mean?

CONTENT
   Supreme Court to hear case on violent video games
   Chamber of Commerce: Strict IP enforcement would boost economy

GOVERNMENT & COMMUNICATIONS
   U.S.-China meeting next month to include Internet freedom talk
   Government Online
   We Have Met the Enemy and He Is PowerPoint
   Technology Is Central To CIA's Strategic Plan

HEALTH
   HHS advisory panel considers patient consent framework
   Lessons of the military's global EHR

ENERGY
   PG&E details technical problems with SmartMeters
   San Francisco Chronicle: Independent tests of SmartMeters needed

AGENDA
   FCC Workshop on Wireless Disability Access
   FCC's Semiannual Regulatory Agenda

MORE ONLINE
   World Intellectual Property Day
   CPB Names Joseph Tovares Senior Vice President for Diversity and Innovation
   Spammers Pay Others to Answer Security Tests
   More sports on cable is usually followed by bigger bills
   Angelo Gordon angles for influence at Tribune
   No Reporter Shield for Mere Blogger, NJ Appeals Court Says
   US Media Benefit From Ad Recovery, Films
   Powell steps down from AOL's governance committee
   Newspaper Circulation Falls Nearly 9%
   Google Pulls Back On Plans For Phone
   Authorities raid office of blogger who posted info on iPhone prototype
   Facebook's new features raise privacy concerns
   Economic News Hits a 13-Month High

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NETWORK NEUTRALITY AND BROADBAND REGULATION

PK WARNS FCC ABOUT BROADBAND AUTHORITY
[SOURCE: Public Knowledge, AUTHOR: Press release]
It would be "at best challenging and at worst reckless" for the Federal Communications Commission to make broadband policy based on the legal framework that was largely struck down earlier this month by the U.S. Appeals Court, Public Knowledge told the FCC. In reply comments in the Commission's proceeding to establish rules for an open Internet, Public Knowledge said that unless the FCC reverses past decisions that took Internet access out from under the traditional regulatory structure, the Commission "can expect to be challenged at every turn," telling the FCC that, "if the FCC fails to ground its legal authority more firmly going forward, it can expect challenges to its authority each time it tries to update its regulations to reflect the new broadband-centric reality. The public deserves better than this legal brinksmanship."
benton.org/node/34762 | Public Knowledge | see PK's filings | The Hill
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FCC SHOULD TAKE DIRECT ROUTE TO BROADBAND AUTHORITY
[SOURCE: Public Knowledge, AUTHOR: Art Brodsky]
[Commentary] There is no lacking for clever minds at the Federal Communications Commission (FCC). They have all sorts of bright lawyers and economists and the like working on trying to make some sense of the world of telecommunications in all its glory. Last time we checked, however, they didn't have any escape artists on staff. Unfortunately, that's what they will need to try to get away from the restraints put on the Commission by the U.S. Appeals Court, D.C. Circuit in the now famous case involving Comcast's throttling of BitTorrent. The Court found unanimously that the way the FCC enforced its policy statements for an Open Internet under a general part of the Communications Act (Title I) wasn't legal, and that some of the other sections of the law didn't pass muster, either. It was a pretty strong opinion as these things go. It was crucial because everything that the FCC wants to do to proceed with its broadband strategy is dependent now on questionable legal authority as a result of that court ruling. Let's not get cute here. FCC Chairman Julius Genachowski and the FCC should take on the fight, meet the issue head on and decide America's broadband future without the need for Houdini-like skills. They should do it because it's the right thing to do.
benton.org/node/34761 | Public Knowledge
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ENSURE INTERNET FREEDOM
[SOURCE: Seattle Times, AUTHOR: Rep Jay Inslee (D-WA)]
[Commentary] The Internet, arguably the fastest world-changing invention since the Gutenberg printing press, has become the core of our social and business lives. However, the openness and freedom that lie at the heart of the Internet's success is under threat. Without addressing the open Internet rules, Internet service providers will become the arbitrators of the Internet. They will decide what you can and cannot access. This is not a new fight for me. From my first years in Congress I have fought the scourge of media consolidation and was one of the first sponsors of Network Neutrality legislation. Now as then, and as a co-sponsor of HR 3459, the Internet Freedom Preservation Act, I am committed to working with the FCC and my colleagues in Congress to pass legislation that would give the power of choice to consumers by enabling the FCC to regulate broadband providers to keep the pipes of information flowing freely. Like any good marketplace, rules must be in place to allow fair play and we can't let the refs be pulled from the field.
benton.org/node/34760 | Seattle Times | The Hill
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BUSINESS GROUPS WARN FCC ON NET NEUTRALITY
[SOURCE: The Hill, AUTHOR: Kim Hart]
Major business trade groups urged the Federal Communications Commission to think twice before continuing its pursuit of network neutrality. In filings with the FCC on the open Internet proceeding, which are due Monday, the National Association of Manufacturers and the U.S. Chamber of Commerce said the FCC should resist the urge to interfere with broadband until they have thoroughly examined all of the ramifications. TechAmerica cautioned the FCC against reacting too hastily to the recent Comcast court decision that threw the FCC's net neutrality agenda into question.
benton.org/node/34759 | Hill, The | Broadcasting&Cable
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FCC NEEDS TO STEP UP
[SOURCE: Los Angeles Times, AUTHOR: David Lazarus]
[Commentary] A battle is about to erupt between federal regulators and telecom companies, and nothing less than the future of the Internet could be on the line. At issue is a seemingly benign question: Is the Net an information service or a telecommunication service? As it stands, high-speed Internet service is classified by the Federal Communications Commission as a "Title I" information service in the same way that Google is an information service. This means broadband providers such as phone and cable companies are only lightly regulated by the agency. By reclassifying broadband as a "Title II" telecom service -- like, say, phone service -- the FCC would be able to more closely oversee providers' actions and pricing, and would be better positioned to implement its recently announced 10-year plan to bring high-speed Net access to virtually every U.S. home. I know: This is wonky stuff. But the stakes couldn't be higher, especially at a time when broadband Internet service is playing an increasingly vital role in a wide variety of areas, including entertainment, education and healthcare. "This could determine whether the FCC really has the power to act on its broadband plan," said Ben Scott, policy director with Free Press, a communications advocacy group. "It will define who really runs the Net."
benton.org/node/34776 | Los Angeles Times
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FTC COULD GAIN INTERNET AUTHORITY
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
The Federal Trade Commission could become a more powerful watchdog for Internet users under a little-known provision in financial overhaul legislation that would expand the agency's ability to create rules. An emboldened FTC would stand in stark contrast to a besieged Federal Communications Commission, whose ability to oversee broadband providers has been cast into doubt after a federal court ruled last month that the agency lacked the ability to punish Comcast for violating open-Internet guidelines. The version of regulatory overhaul legislation passed by the House would allow the FTC to issue rules on a fast track and permit the agency to impose civil penalties on companies that hurt consumers. FTC Chairman Jon Leibowitz has argued in favor of bolstering his agency's enforcement ability. "If we had a deterrent, a bigger stick to fine malefactors, that would be helpful," Leibowitz told Fox News last week. That provision to strengthen the FTC is absent from the financial overhaul legislation before the Senate. Some observers, however, expect the measure to be included when the House and Senate versions are combined.
benton.org/node/34775 | Washington Post
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GOOGLE: WE'LL SIT THIS OUT
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
In a blog post Monday, media counsel Rick Whitt explained that Google is more concerned about network neutrality policies at the Federal Communications Commission than questions over the agency's legal maneuvering to ensure its authority over broadband. That authority was cast into doubt after a federal appeals court sided with Comcast, saying the FCC overreached when it sanctioned the cable giant for net-neutrality violations. "To us, this has never been about regulatory rigidity but about protecting consumers and keeping the Internet open for innovators," Whitt said. "So while we're not wed to any particular legal theory to justify the FCC's jurisdiction, we do believe some minimal oversight over broadband networks is essential."
benton.org/node/34774 | Washington Post | Google
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NATIONAL BROADBAND PLAN

FCC ALLOWS STATES TO COLLECT BROADBAND DATA
[SOURCE: Federal Communications Commission, AUTHOR: ]
The has granted, in part, a petition for declaratory ruling filed by the National Association of Regulatory Utility Commissioners (NARUC) regarding State authority to collect data from broadband infrastructure and service providers. The FCC concluded that the Commission has not preempted or otherwise precluded the States from mandating that broadband providers file data or other information regarding broadband infrastructure or services. In issuing this declaratory ruling, the FCC expresses no opinion regarding whether the laws of any particular State authorize the State's public utilities commission or similar agency to require the filing of such data or information. Nor does the FCC address whether any State or group of States should, as a policy matter, engage in broadband data collection efforts that supplement ongoing federal efforts. [more at the URL below]
benton.org/node/34758 | Federal Communications Commission | Commissioner McDowell | Commissioner Baker
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SPECTRUM TASK FORCE
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission Chairman Julius Genachowski has launched a Spectrum Task Force to advance the FCC's spectrum agenda and promote collaboration across the agency. Julius Knapp, Chief of the Office of Engineering Technology, and Ruth Milkman, Chief of the Wireless Telecommunications Bureau, will co-chair the cross-agency working group. The Spectrum Task Force will play a critical role in the execution of the spectrum recommendations in the National Broadband Plan, including long-term spectrum planning. The Task Force will include the Chiefs of the Enforcement, International, Media, and Public Safety and Homeland Security Bureaus, as well as the Chief of the Office of Strategic Planning and Policy Analysis.
benton.org/node/34743 | Federal Communications Commission | The Hill
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THE STIMULUS

LAST BTOP GRANTS FOR ROUND 1
[SOURCE: National Telecommunications and Information Administration]
On April 26, Commerce Secretary Gary Locke announced nine American Recovery and Reinvestment Act investments to help bridge the technological divide, boost economic growth, create jobs, and improve education and healthcare across the country. The investments, totaling more than $114 million in grants, will increase broadband access and adoption in more than a dozen states. The grants will fund projects that lay the groundwork to bring enhanced high-speed Internet access to thousands of households and businesses and link hundreds of schools, hospitals, libraries, and public safety offices to the information superhighway.
These awards marked the final grant awards from the first round of BTOP applications. All told, NTIA awarded 82 BTOP grants worth $1.2 billion that will expand broadband access and adoption through projects in a majority of states and territories. A total of 45 states and territories will be affected by this round of BTOP grants. NTIA recently began reviewing second round applications with the goal of making the first round two grant announcements this summer. [more on the grantees at the URL below]
benton.org/node/34753 | National Telecommunications and Information Administration | B&C
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FREE, NATIONWIDE WIRELESS
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
The County Executives of America (CEA), an association of over 700 member counties across the country, said Monday April 26 it plans to create a nationwide wireless broadband network to provide free service to residents using AWS-3 spectrum held by the federal Communications Commission. It has applied for $122 million in broadband stimulus bucks to launch the network in a dozen counties to start with, with Silicon Valley-based M2Z Networks building out the plant in each county. The counties where Internet service providers could be facing new competition from the network first are Allegheny County, Pa.; Bronx County, N.Y.; Chambers and Kaufmann Counties, Texas; DeKalb County, Ga.; Kenosha County, Wis.; New Castle County, Del.; Prince George's and Montgomery Counties, Md. CEA says that the biggest obstacle to adoption is cost, and that equal access to broadband by those who can't afford it is a "right of every American."
benton.org/node/34739 | Multichannel News | GigaOm
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PA BTOP WINNER
[SOURCE: Pittsburgh Post-Gazette, AUTHOR: Erich Schwartzel]
In February, the Pittsburgh Supercomputing Center and 12 partners secured $99.6 million in federal stimulus funds to complete the Pennsylvania Research and Education Network project, designed to help build a broadband network through the state's most rural areas. The PennREN team proposed a broadband network headquartered at 13 anchor facilities and about 50 satellite sites, which would together provide a radius of connectivity through 39 Pennsylvania counties. Even with 1,700 miles of fiber, the project won't boot up the entire state, leaving northern and southern portions to other stimulus projects or later development. If you connect the dots of the anchor institutions or "nodes," a crooked bow-tie shape forms. At one point, the "Bow Tie Network" name was proposed but scrapped. Think of each node as having a radius of connectivity to local institutions, schools and businesses. The radius can extend even further if contractors wish to extend the network that "last mile," to the residential home or individual business.
benton.org/node/34734 | Pittsburgh Post-Gazette
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DTV GRANT DEADLINES
[SOURCE: Rural Utilities Service, AUTHOR: RUS Administrator Jonathan Adelstein]
The Rural Utilities Service (RUS), an agency of the Department of Agriculture, announces the Public Television Digital Transition Grant Program application window for fiscal year FY 2010. The FY 2010 funding for the Public Television Station Digital Transition Grant Program is $4.5 million. While TV stations must broadcast their main transmitter signal in digital, many rural stations have yet to complete a full digital transition of their stations across all equipment. Rural stations often have translators serving small or isolated areas and some of these have not completed the transition to digital. Because the FCC deadline did not apply to translators, they are allowed to continue broadcasting in analog. Some rural stations also have not fully converted their production and studio equipment to digital, which has impaired their ability to provide the same quality local programming that they provided in analog. Applications are due June 25, 2010.
benton.org/node/34730 | Rural Utilities Service
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MORE ON BROADBAND

16% OF US HOMES CAN GET FIBER
[SOURCE: ars technica, AUTHOR: Nate Anderson]
Eighteen million US homes can order up a fiber optic line that runs all the way to their door. That's 16 percent of the population, and this buildout has happened almost totally in the last seven years. It's good news for fiber, which has been on a growth rate that exceeds anything ever achieved by copper telephone wiring and coaxial cable wiring in their first years. But the huge majority of these lines are part of Verizon's FiOS buildout—and that buildout has now reached the end of its first stage. And less than a third of those homes that can order a fiber connection have actually done so.
benton.org/node/34740 | Ars Technica | read the report
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CABLE STANDARDS
[SOURCE: GigaOm, AUTHOR: Stacey Higginbotham]
CableLabs, the standard-setting organization for the cable industry, is pondering a next-generation cable broadband technology that could deliver up to 5 gigabits per second down. Not only are the speed gains significant, but the standard would be more efficient by doing away with the current way cable companies parse out their spectrum. However, it would require them to invest in new gear, both in their plants and for installation in consumers' homes, as well as to switch to an all-IP infrastructure. The proposal is being floated in the cable community, but may never make it all the way to the standards process — or consumers' homes. However, if implemented, it could solve a problem for the cable industry and perhaps enable cable companies to forestall putting in fiber to the home.
benton.org/node/34738 | GigaOm | Multichannel News
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WHAT DOES OPEN REALLY MEAN?
[SOURCE: GigaOm, AUTHOR: Mathew Ingram]
The Open vs. Closed debate continues to bubble and boil around Facebook and the social networking site's attempts to extend its "social graph" out into the broader web. Is this move by the company truly open, or is it a cynical attempt to co-opt the rest of the web and aggregate value for Facebook — or could it be both? That all depends on what the term "open" really means. Can a company or a service be partly open, or is it a binary thing? Can a service start out as mostly closed and then become open? And is it OK for a company to be open with some things and closed with others?
benton.org/node/34737 | GigaOm
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CONTENT

SUPREME COURT TO HEAR VIDEO GAME CASE
[SOURCE: Washington Post, AUTHOR: David Savage]
The Supreme Court agreed Monday to decide whether California and six other states can forbid the sale to minors of violent video games that show images of humans being maimed, killed or sexually assaulted. California's law, like all the others, has been blocked based on a free-speech challenges lodged by the video gaming industry. But in something of a surprise, the high court said it would hear California's appeal and consider reviving the laws. The move came less than a week after the justices, in a 8-1 ruling, struck down a federal law on free-speech grounds that made it a crime to sell videos of illegal acts of animal cruelty. The court's opinion gave two reasons for declaring the law unconstitutional. First, the justices said the law created a new category of unprotected expression, and second, they said it was so broad that it could reach beyond the torture of animals and apply to out-of-season hunting. While the animal cruelty case was pending, the court held on to the appeal in the California case of violent video games. Based on last week's ruling, the justices might have been expected to deny the appeal and to allow the law to expire. Instead, they voted to grant the appeal and hear the case in the fall. This suggests some justices believe that the California law could be upheld as narrowly targeted because it focuses on minors and applies to videos that "appeal to a deviant and morbid interest" in violence, as the state has argued.
benton.org/node/34747 | Washington Post
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NEW CHAMBER OF COMMERCE REPORT
[SOURCE: The Hill, AUTHOR: Tony Romm]
A new report commissioned by the U.S. Chamber of Commerce ties strong intellectual property protections with higher wages, greater productivity and faster job creation. The study, released Monday by NDP Consulting, finds that certain "intellectual-property intensive" industries like computer manufacturing and aerospace engineering fare better in states that aggressively protect creators and their creations. But the Center's new study seems to run somewhat contrary to another report, released earlier this month by the Government Accountability Office. That study also predicted that piracy, in particular, could harm the economy, but it found the "illicit nature of counterfeiting and piracy makes estimating the economic impact of IP infringements extremely difficult...""Three widely cited U.S. government estimates of economic losses resulting from counterfeiting cannot be substantiated due to the absence of underlying studies," the GAO clarified. "Each method (of measuring) has limitations, and most experts observed that it is difficult, if not impossible, to quantify the economy-wide impacts."
benton.org/node/34745 | Hill, The | read the report
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GOVERNMENT & COMMUNICATIONS

CHINA-US TO TALK NET FREEDOM
[SOURCE: The Hill, AUTHOR: Tony Romm]
American officials are likely to broach the subject of Internet freedom when they join their Chinese counterparts for a scheduled human-rights meeting in Washington next month. Those discussions, the first round of bilateral dialogue between the United States and China since May 2008, arrive as both federal lawmakers and U.S. companies scrutinize Beijing's strict Web-censorship rules and threaten possible penalties. During a press briefing last Thursday, State Department spokesman P.J. Crowley announced Internet freedom could be among the issues discussed. "I mean, I'm sure that the broader topic of Internet freedom and the availability of information to Chinese citizens, you know, we — we disagree with China as to what that represents," Crowley said. "I would expect that to come up, yes."
benton.org/node/34744 | Hill, The
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GOVERNMENT ONLINE
[SOURCE: Pew Research Center's Internet & American Life Project, AUTHOR: Aaron Smith]
Government agencies have begun to open up their data to the public, and a surprisingly large number of citizens are showing interest. Some 40% of adult Internet users have gone online for raw data about government spending and activities. This includes anyone who has done at least one of the following: look online to see how federal stimulus money is being spent (23% of Internet users have done this); read or download the text of legislation (22%); visit a site such as data.gov that provides access to government data (16%); or look online to see who is contributing to the campaigns of their elected officials (14%). 31% of online adults have used social tools such as blogs, social networking sites, and online video as well as email and text alerts to keep informed about government activities. Moreover, these new tools show particular appeal to groups that have historically lagged in their use of other online government offerings—in particular, minority Americans. Latinos and African Americans are just as likely as whites to use these tools to keep up with government, and are much more likely to agree that government outreach using these channels makes government more accessible and helps people be more informed about what government agencies are doing.
benton.org/node/34766 | Pew Research Center's Internet & American Life Project | The Hill
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ARMY TO BAN POWERPOINT
[SOURCE: New York Times, AUTHOR: Elisabeth Bumiller]
PowerPoint has crept into the daily lives of military commanders and reached the level of near obsession. The amount of time expended on PowerPoint, the Microsoft presentation program of computer-generated charts, graphs and bullet points, has made it a running joke in the Pentagon and in Iraq and Afghanistan. "PowerPoint makes us stupid," Gen. James N. Mattis of the Marine Corps, the Joint Forces commander, said this month at a military conference in North Carolina. (He spoke without PowerPoint.) Brig. Gen. H. R. McMaster, who banned PowerPoint presentations when he led the successful effort to secure the northern Iraqi city of Tal Afar in 2005, followed up at the same conference by likening PowerPoint to an internal threat. "It's dangerous because it can create the illusion of understanding and the illusion of control," General McMaster said in a telephone interview afterward. "Some problems in the world are not bullet-izable." In General McMaster's view, PowerPoint's worst offense is rigid lists of bullet points (in, say, a presentation on a conflict's causes) that take no account of interconnected political, economic and ethnic forces. "If you divorce war from all of that, it becomes a targeting exercise," General McMaster said.
benton.org/node/34773 | New York Times
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TECH IN CIA'S PLANS
[SOURCE: Wall Street Journal, AUTHOR: Siobhan Gorman]
The CIA announced a five-year strategic plan that would invest heavily in new technologies to combat nontraditional threats such as cyber attacks from overseas and gain better intelligence on rogue states. The plan announced Monday also provides for quickly "surging" large numbers of Central Intelligence Agency officers to hot spots, such as the Pakistan's tribal areas or East Africa. Past agency plans haven't provided for such war-time demands. The moves reflect an effort to bolster agency operations and analysis without causing too much disruption, CIA veterans said. Although historically there has been tension between the CIA and the Pentagon, this plan aligns the two agencies' priorities, the veterans said. However, at an agency that has had five directors in the past six years, it might be difficult for CIA Director Leon Panetta to ensure follow-through on a long-term initiative.
benton.org/node/34772 | Wall Street Journal
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ENERGY

TECHNICAL PROBLEMS WITH SMARTMETERS
[SOURCE: San Jose Mercury News, AUTHOR: Dana Hull]
After months of denying any technical problems with its SmartMeter program, PG&E publicly detailed a range of glitches Monday affecting tens of thousands of the digital meters. But the San Francisco-based utility said it had found just eight meters that inaccurately reported a customer's energy use, despite thousands of complaints from customers who say the new meters have overcharged them. The utility would not say how many of the 5.5 million meters installed so far have been tested for accuracy after installation. PG&E detailed 43,376 cases in which the meters were involved in other kinds of problems. It said 23,000 meters were installed improperly, 11,376 failed to retain consumer usage information and 9,000 had trouble connecting with the wireless network.
benton.org/node/34768 | San Jose Mercury News
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AGENDA

WIRELESS ACCESS
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
As part of its continuing effort to develop and implement consumer-focused policies, including disabilities access, the Federal Communications Commission will hold a workshop on May 13 on "Expanding Disability Access with Wireless Technologies." The workshop will focus on:
Mobile communications access issues facing people with disabilities and the disparities in technology access.
Ways in which new technologies can offer opportunities to meet the communications access needs of people with disabilities.
Technology demonstrations of advanced mobile communications.
benton.org/node/34742 | Federal Communications Commission
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