April 2010

DC Court Rules Campaign Contribution Limits On Individuals is Unconstitutional

The Federal Court of Appeals for the DC Circuit handed down a ruling March 26 that could mean even more political ad money flowing into the Midterm election cycle.

Saying that the Supreme Court's decision in Citizens United had resolved the appeal, the court unanimously ruled in SpeechNow.org vs. the FEC that the campaign finance law contribution limits by individuals to SpeechNow, a 527 group advocating the election of federal candidates, are unconstitutional. Just as in Citizens United, the D.C. court held that while the contribution limits (or expenditure limits in the case of Citizens United) were unconstitutional, reporting and organizational requirements for the group were not. "The public has an interest in knowing who is speaking about a candidate and who is funding that speech," said the court, which also upheld the requirement that the group register as a political committee.

How Broadband Can Be the Backbone for a Green Economy

Networked digital technology can lead to energy efficiency and reduced carbon emissions. That's the underlying notion from two sources this week — a report from the Progressive States Network, Communications Workers of America, Sierra Club and the Blue Green Alliance, as well as a call to action from Hans Vestberg the CEO of telecom gear maker Ericsson.

Both sets of voices are lauding broadband as the backbone for creating a green economy, and calling for more federal policies and incentives to help boost the buildout of broadband infrastructure. The report, called Networking the Green Economy, focuses on how investment in information technology can help the economy and reduce energy consumption (and carbon emissions) by developing a smarter grid, smarter buildings, and using broadband to boost teleconferencing and telehealth services.

Senate Passes Paygo-Friendlier 10-Year STELA

The Senate March 25 passed a stand-alone version of the STELA, the Satellite Television Extension and Localism Act, that changes what has been a five-year renewal of the satellite license to 10 years. President Barack Obama signed the bill into law March 26. The bill reauthorizes the license that allows satellite subscribers who cannot get a viewable signal from their in-market affiliate to get an out-of-market version. It also will get local signals to the remaining 28 or so smaller markets where it has been uneconomical to deliver them. The change to a 10-year window was said to be so that the bill would "score" in terms of being revenue-neutral, which it is not at five years, due to the way copyright fees are collected and disbursed over the smaller window versus the longer span. Apparently, due to an accounting issue, the bill at five years would see the government paying out more than it would collect. That would need to be offset somewhere else, due to the new pay as you go rule that any legislation that has a negative fund outlay has to include such measures.

Approaches to Preserving the Open Internet

The Federal Communications Commission today announced a public workshop for the FCC's Open Internet proceeding, entitled "."

The workshop will occur on April 28, 2010 at 9:30 a.m. PDT at the Jackson Federal Building, in Seattle, Washington. The workshop will address how the Internet's openness can best be preserved, including by examining historical and ongoing efforts to protect Internet openness in the United States and other countries, and by discussing the key technological, economic, and legal considerations relevant to the need for and substance of the Commission's proposed open Internet policies. The agenda and the list of participants in the workshop will be made available in mid-April. The workshop will be open to the public; however, admittance will be limited to the seating available. Audio/video coverage of the workshop will be broadcast live with open captioning over the Web.

Former FCC Chairman asks: Who steers the broadband plan?

Former Federal Communications Commission Chairman Michael Powell asks how the national broadband plan -- dispersed between many entities of government -- will be executed in a coherent way.

NCTA Weighs in on FCC's Broadband Speed Tests

In a letter to the Federal Communications Commission, the National Cable & Telecommunications Association (NCTA) says it shares the Commission's goal of providing consumers with additional relevant and meaningful data regarding the speed of their broadband connections and other appropriate network performance data -- and agrees that such information may help consumers to better choose among competing providers and choose the right plan for their needs.

The National Broadband Plan contains some sound recommendations for achieving this objective, including the use of third-party contractors and the creation of an industry/consumer advisory council. But the Plan also relies heavily on results obtained from online speed tests to support its conclusion that there is a significant gap between the "actual" speed consumers experience and the "advertised" speed that providers offer. In this letter and in the attached report, we identify substantial shortcomings with using online speed tests to measure this purported gap. NCTA encourages the Commission, going forward, to focus on alternative measurement approaches that are likely to produce more accurate and meaningful data. NCTA says it look forward to working with the Commission and other stakeholders on these important issues and offer the following in the spirit of constructive collaboration.

Ofcom to act on broadband speeds

Net firms must do a better job of telling customers about broadband speeds or face stiffer regulation, Ofcom has warned. The warning came out of research the telecoms watchdog carried out on how ISPs sell broadband. It revealed that 74% of customers were not told that the maximum speed on their line was likely to be higher than the speed they would actually get. Ofcom wants to make improvements to how broadband is sold later this year.

Consumer Panel: UK's universal broadband commitment must meet consumer needs

The UK's Communications Consumer Panel has stressed that the Government commitment to universal broadband, which was renewed in this week's budget, must be implemented in a way that meets consumers' needs.

The Communications Consumer Panel has today published a set of principles to guide the implementation of the universal broadband commitment. These principles will help deliver the commitment so that it meets the needs of consumers in all parts of the UK.

Consumer Principles for Universal Service Commitment Implementation
1. The Universal Service Commitment should enable consumers to carry out the online activities that they consider to be essential or will soon.
2. The Government should define the Commitment in a way that ensures quality and reliability of service.
3. The Government should help consumers to do what they can themselves to optimize their broadband connections.
4. The Universal Service Commitment should benefit people in all parts of the UK, using different types of broadband connection where necessary.
5. The Government should be proactive in identifying the parts of the UK that would benefit from the Commitment.
6. Consumers who benefit from the Commitment should have a choice of service providers.
7. The Government should ensure that the Commitment keeps pace with consumer demands over the years ahead.
8. The Government should deliver the Commitment using next-generation broadband where practicable.

French pirates 'dodge' tough laws

Some forms of piracy are on the rise in France despite the passing of a tough anti-piracy law, suggests a study. In late 2009, France adopted a "three-strikes law" which means persistent pirates can be thrown offline.

A small-scale study shows that some French people are changing their habits and getting pirated music and movies from sources not covered by the law. Overall, found the study, illegal behavior has increased by 3% since the law was passed. The anti-piracy legislation was passed in October 2009 and means that those suspected of sharing pirated material online, such as movies and music, will be warned to stop or face action. Persistent pirates who ignore the warnings will be cut off for up to a year if a panel of judges backs a call for disconnection. Alternatively, pirates can be fined or given a prison sentence.

National plan is needed for emerging digital economy

[Commentary] In a democratic society like Australia, government elections provide an opportunity not only for the community to select its future political leaders, but also for the major issues of the day to be discussed and debated at length as politicians promote their agendas for the campaign.

At a public forum held by the ACS in Hobart in the lead-up to the Tasmania poll the leaders of all three parliamentary parties acknowledged the importance of information and communications technology and affirmed their commitment to advancing the ICT sector. Labor Party leader David Bartlett used the event to announce a $4.85 million package of measures aimed at taking advantage of the NBN, including a major Smart Grid trial, a Connected Classrooms project and a Digital Futures Development Fund, among others. Mr. Bartlett, opposition leader Will Hodgeman, and Greens leader Nick McKim recognized the need for an integrated, whole-of-government approach to ICT planning and delivery, with the Labor Party promising to create a ministry for innovation, science and information technology if it was returned to power.

Benton

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