April 2010

FCC Seeks Comment on SamKnows Broadband Testing and Measurement

The National Broadband Plan stated that, "[p]utting more information in the hands of consumers is a proven method to promote meaningful competition and spur innovation, both of which will generate more and better consumer choices." Numerous parties have supported this goal and suggested that the Federal Communications Commission and private industry should work together to address this issue. To assist in this effort, the National Broadband Plan recommended that the FCC continue efforts to measure and publish data on actual performance of fixed broadband services, and to make that data available publicly. The FCC released a Request for Quotation ("RFQ") pursuant to this recommendation, and has recently contracted with a third-party, SamKnows Limited, to begin this effort. In this Public Notice, the FCC seeks comment on the methodology SamKnows proposes to adopt. Comments are due May 4, 2010.

NCTA's McSlarrow: BitTorrent Opens Only Theoretical Floodgate

National Cable & Telecommunications Association president Kyle McSlarrow said Tuesday that theoretically, it could be open season for network management in the wake of the BitTorrent decision, but that as a practical matter he did not expect much, if anything, to change while the Federal Communications Commission is considering its options on responding to the court.

McSlarrow also thinks there is room under Title II to support some form of network neutrality proposal without moving to a Title II regime. Following a panel session at the American Cable Association convention, McSlarrow was asked what operators could do in terms of managing their networks the day after the decision that they couldn't do before. "I don't know that anything has changed," he said. "No one was managing bandwidth in a way to inflict consumer harms, they were managing bandwidth in a way to deal with congestion. "Theoretically, I suppose you could do anything," he added, "but I think, in the real world, we made commitments that we support the FCC's Internet policy statement. We have always abided by it and we stand by the statement. And that is the reality that our operators and, more importantly, the engineers that work with the CEOs are trying to implement."

House GOPers launch 'New Media Challenge'

Competition begins this week in the House Republican Caucus' "New Media Challenge," a six-week contest modeled after the NCAA's March Madness basketball tournament. Led by Rep Cathy McMorris Rodgers (R-WA), vice chair of the group, the competition calls on select members to expand their presence on Twitter, Facebook and YouTube ahead of this year's tough 2010 midterm elections. The contest's goal is to encourage members to engage their constituents, while demonstrating that the GOP is "ahead of the majority" on the Internet.

Apple users lose some immunity to cybercrime

Fake security software was the No. 1 cybersecurity woe afflicting computer users in 2009, and Apple users lost some of their immunity to cybercrime as they stored more data online instead of on hard drives, according to the cybersecurity firm Symantec.

In a report released on Tuesday, Symantec noted that Brazil had risen to third place in the list of countries with "malicious activity," defined as spam, online scam attempts and other types of cybercrime. The United States remained in first place at 19 percent, with China second at 8 percent, and Brazil third at 6 percent. Conficker -- a malicious software program all over the news last April -- and sophisticated attacks on websites of Google Inc and other large companies in December and reported in January were the most publicized cyber events of the year. But the single most prevalent form of cybercrime was fake security software, which computer users normally see as a flashing notice that their computer is infected with a virus, said Vincent Weafer, a Symantec vice president.

FCC Approves Verizon Wireless Divestiture

The Federal Communications Commission has approved the divestiture by Verizon Wireless of business units in a number of markets that the FCC required to be divested in connection with Verizon Wireless's acquisition of ALLTEL Corporation.

The FCC authorized a new operator in the U.S. - Atlantic Tele-Network, Inc. - to take control of wireless systems in 26 markets in six states. FCC Commissioner Mignon Clyburn said the proceeding is "Exhibit A why the Commission must review the way in which it provides guidance and the substance of its guidance to divesting licensees. If the Commission does not take a hard look at how we approach such divestitures, we undoubtedly will squander golden opportunities to open up the wireless landscape to new entrants and small businesses that can provide competition and bring a new spirit to the wireless world."

ACA Sees Hopeful Signs On Retransmission Remake

American Cable Association President Matt Polka gave Federal Communications Commission Chairman Julius Genachowski several shout-outs Tuesday for his comments at the National Association of Broadcasters, suggesting there could be problems with the retransmission-consent system.

"Reforming" a system referred to more than once at Tuesday's Washington policy fly-in as "extortion" is one of a couple of key priorities for the group, which represents small and mid-sized operators, whose members maintain they are often required to pay bigger programming license fees for being smaller. He called a "very helpful signal" the chairman's point that "when you start looking at rates the way they are impacted by retransmission consent, how can you keep calling it free TV?"

Polka: ACA Met With Comcast Over Proposed NBCU Merger

The American Cable Association has had meetings with Comcast over its proposed merger with NBC Universal, most recently in February in Philadelphia, where the giant MSO is based. That's according to American Cable Association president Matt Polka at a meeting with reporters during the association's D.C. policy summit. ACA represents small and medium-sized operators. The association Monday reemphasized that it would seek "appropriate conditions" on the Comcast/NBCU merger. "Over the next year, ACA will play a leadership role in the fight for fairness and appropriate conditions on the Comcast-NBCU merger," said ACA chairman Steve Friedman in a statement. Polka said ACA has talked with Comcast a number of times over the years, including when it purchased AT&T. He said "nothing has come of it."

GOP Asks House Leaders To Allow Skype Use

House Republican leaders are urging House Democrats to allow House members to use video conferencing software applications such as Skype, to communicate with their constituents. They note that current House rules allow House members to use taxpayer funds for "often expensive, video teleconferencing activities with their constituents, but forbid them from using Skype - which is practically free - for such activities." They added that, "We are certain that Skype, an increasingly relevant communication tool for Americans already widely used in the private sector, could be easily implemented in Congress in a manner that would not reduce the security of the House IT infrastructure."

Author Toibin sees novel surviving new technology

Award-winning Irish writer Colm Toibin firmly believes the novel will remain fundamentally unchanged by the Internet or other high-tech innovations, a realm in which he admits he is nearly illiterate.

Toibin, the author of such critically acclaimed novels as "Brooklyn," "The Master" and "The Blackwater Lightship," is set this week to appear on a panel to discuss "The Author in the Age of the Internet," part of the London Review of Books' 30th anniversary celebration events in New York. Toibin is a technophobe. He writes with a fountain pen on paper and cannot figure out how to send e-mails by phone. An interview with Reuters on Tuesday was delayed as Toibin fumbled with his cell phone, repeatedly failing to answer it. "I actually miss most calls," Toibin said apologetically over a landline from Princeton University where he teaches. "Like an awful lot of writers, I am barely literate in the things that seem to matter now."

Australian Regulator to Probe Consumer Complaints

The Australian Communications and Media Authority has announced that it will conduct a formal inquiry into customer service and complaints handling in the telecommunications industry following what it says is an on-going high volume of complaints to the industry ombudsman.

Announcing the inquiry, ACMA Chairman Chris Chapman said, "Many would share the ACMA's concern about whether the current arrangements which underpin telecommunications consumer protection are really effective in dealing with the issues that concern consumers most. The trend-line growth and sheer quantum of complaints about complaint handling and customer service - up to 900 every working day - reflects poorly on the entire industry. Whether this is evidence of a failing regulatory system or just a perception of that failure, I now believe this issue has to be confronted directly and urgently otherwise we will be talking about these same issues for years to come."