June 2010

New America Foundation
Monday, June 28, 2010
6:30 p.m. - 8:30 p.m.

Cory Doctorow, co-founder of the UK Open Rights Group, discusses his dystopian vision of the growing conflict between free speech and the democratic principles of the Internet and the business aims of commercial media giants. Co-hosted by the New America Foundation's Open Technology Initiative, Public Knowledge and Copynight DC, Doctorow combines his perspective as an author, activist, co-editor of Boing Boing to outline the threats to a free and open Internet, speech, creativity and fair use, and innovation from boundless copyright protections. Looking forward, Doctorow's prediction is bleak:

This means war. It is time to stop treating the industry's fight over copyright as a brush-war over creativity. The commercial media giants' business models and ambitions are increasingly incompatible with a free and open Internet, and hence a free and open society.

Cory Doctorow is a science fiction author, activist, journalist and blogger -- the co-editor of Boing Boing and the author of the bestselling Tor Teens/HarperCollins UK novel Little Brother. He is the former European director of the Electronic Frontier Foundation and co-founded the UK Open Rights Group. Born in Toronto, Canada, he now lives in London.

introduction
James Losey
Program Associate
Open Technology Initiative
New America Foundation

To RSVP:
http://www.newamerica.net/events/2010/cory_doctorow

For questions, contact Stephanie Gunter at (202) 596-3367 or gunter@newamerica.net



FCC to Seek Best Legal Framework for Broadband Internet

On June 17, 2010, the The Federal Communications Commission opened a new proceeding to identify the legal approach that will best support its efforts to ensure universal access to affordable, high-quality broadband services; promote broadband innovation, investment, and competition; and protect and empower consumers. A Notice of Inquiry adopted by the agency begins a public process to consider possible frameworks for addressing the high-speed connections most consumers use to access the Internet.

A recent decision of the U.S. Court of Appeals for the D.C. Circuit cast doubt on prior understandings about the FCC's ability to ensure fair competition and provide consumers with basic protections when they use today's broadband Internet services. This action begins the process of identifying the best way forward to ensure a solid and narrowly tailored legal foundation for implementing key recommendations of the National Broadband Plan -- such as refocusing the federal universal service program on promoting broadband deployment and adoption, ensuring consumers have access to relevant information about their broadband services, customer privacy, and access for people with disabilities - as well as for preserving the open Internet.

The Notice of Inquiry asks for public comment on issues including:

  • Whether the FCC's "information service" classification of broadband Internet service remains legally sound and adequate to support effective performance of the Commission's responsibilities;
  • The legal and practical consequences of classifying broadband Internet connectivity as a "telecommunications service" to which all the requirements of Title II of the Communications Act would apply; and
  • A "third way" under which the FCC would reaffirm that Internet content and applications remain generally unregulated under Title I of the Communications Act; identify the Internet connectivity service that is offered as part of wired broadband Internet service as a telecommunications service; and forbear under Section 10 of the Act from applying all provisions of Title II other than the small number that are needed to implement fundamental universal service, competition and market entry, and consumer protection policies.

The Notice also seeks comment on the appropriate classification of terrestrial wireless and satellite broadband Internet services, as well other issues.

Comments from the public are due on July 15, 2010, and reply comments are due on August 12, 2010.

Statements from FCC Commissioners
Genachowski
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...
Copps
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...
McDowell
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...
Clyburn
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...
Baker
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...

Here's some coverage:
FCC Moves to Expand Role in Broadband (NYT)
http://www.nytimes.com/2010/06/18/business/18fcc.html?ref=todayspaper

FCC Split on Internet Regulation Effort (WSJ)
http://online.wsj.com/article/SB1000142405274870428950457531274256647512...

FCC to Seek Comment on Broadband (WashPost)
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/17/AR201006...

FCC makes move to reconsider high-speed Internet regulations (AP)
http://www.usatoday.com/printedition/money/20100618/fccvote18_st.art.htm

FCC moves to gain more authority over broadband service (LATimes)
http://www.latimes.com/business/la-fi-0618-fcc-broadband-20100618,0,5300...

Dark words fly as FCC launches new net neutrality probe (ars technica)
http://arstechnica.com/tech-policy/news/2010/06/dark-words-fly-as-fcc-la...

FCC Starts Broadband Reclassification Process (GigaOm)
http://gigaom.com/2010/06/17/fcc-starts-broadband-reclassification-process/

Reaction
GOP Lawmakers Blast Move (TechDailyDose)
http://techdailydose.nationaljournal.com/2010/06/gop-lawmakers-blast-fcc...

Predictable responses (TechDailyDose)
http://techdailydose.nationaljournal.com/2010/06/fccs-move-prompts-predi...

Public Knowledge press release
http://www.publicknowledge.org/node/3177
PK reaction to GOP
http://www.publicknowledge.org/node/3179
PK blog on FCC's courage
http://www.publicknowledge.org/node/3180

Free Press: 1st Step towards broadband goal
http://www.freepress.net/press-release/2010/6/16/fcc-action-first-step-t...
Reaction to Rep Joe Barton (R-TX)
http://www.freepress.net/press-release/2010/6/17/rep-joe-barton-stands-%...

Media Access Project: Move will protect competition
http://www.mediaaccess.org/2010/06/media-access-project-to-fcc-broadband...

Benton Foundation: carefully outlined a pathway that will offer a light touch
http://www.benton.org/node/37028

June 23, 2010 (On Day 100, A New Tool To Track The National Broadband Plan)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, JUNE 23, 2010

The CPB Board is still in California and at the FCC this morning -- Broadband Pilot Programs for Low-Income Consumers http://benton.org/calendar/2010-06-23


INTERNET/BROADBAND
   On Day 100, A New Tool To Track The National Broadband Plan
   FCC Announcement on Stakeholder Meetings on Broadband Reclassification
   Public Knowledge Advises FCC To Reverse Meeting Secrecy
   Verizon CEO Seidenberg: open to some compromises, not greater FCC authority over broadband
   No solutions expected from FCC meeting with Web, broadband access companies
   Who's Broadband Free Market Is It, Anyway? Local Communities, of course
   The Battle Is Raging for Control of the Internet -- and Big Corporations May Come Out on the Losing Side
   FCC Eyes Broadband For Indian Reservations [Audio]
   Blackwell to Lead FCC's Tribal Broadband Initiatives
   Bringing America Up to Speed: States' Role in Expanding Broadband
   FCC's Interoperability Center Advisory Committee
   Cost Still Major Factor in broadband Adoption
   McCormick: US broadband still the most advanced at the global level
   Connected Nation and State Broadband Mapping

STIMULUS
   White House CTO Pledge Report on Innovation, Investment

PRIVACY
   Apple collecting, sharing iPhone users' precise locations

WIRELESS
   FCC Says AT&T Can Buy Verizon Wireless Licenses
   Baker: Inventory First, Then 'Win-Win'
   AT&T, Verizon join Wi-Fi roaming group
   Traveling abroad with a cell phone? Do these things first

TELECOM
   FCC Denies Qwest's Phoenix Request

OWNERSHIP
   Comcast Rivals, Partners Seek Conditions on NBC Deal
   Comcast/NBC merger: should FCC require network neutrality?
   ABC, CBS, Fox Affiliates OK Comcast-NBCU

TELEVISION
   Must Carry Proves To Have Staying Power
   CBS: We're In The (Retrans) Money!

NEWS FROM THE WHITE HOUSE
   Joint Strategic Plan to Combat Intellectual Property Theft
   Obama Administration Aims to Protect Identities in Cyberspace

STORIES FROM ABROAD
These headlines presented in partnership with:

   UK Government considers ways to roll out fiber optic broadband
   UK Government drops broadband tax
   BBC fee to pay for superfast broadband
   Scotland Yard Investigates Complaint About Google
   Locking Handsets to Networks Could Be Banned in Canada
   Cuba reports little Internet and telecom progress

MORE ONLINE
   Census Reports It Has Reached Almost All Households
   Major online retailers split on plan to cut Saturday mail
   MiCongress lets lawmakers buy own cable channels to talk to constituents
   Mays steps down as Clear Channel chief
   Google Sued by Frontier Communications Over Patent
   The Gulf Disaster Becomes a Beltway Story
   Press chief's faux news reports part of growing campaign trend
   The Real Shakedown to Apologize for

Recent Comments on:
A crusade against the Internet's "regulatory uncertainty"
Universal Service minimums: 4 Mb/s vs. 100 Mb/s

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INTERNET/BROADBAND

BENTON'S NATIONAL BROADBAND PLAN TRACKER
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang, Amina Fazlullah]
It has been 100 days since the Federal Communications Commission (FCC) delivered "Connecting America: The National Broadband Plan" to Congress. To mark this early milestone for the Plan, the Benton Foundation, a longtime advocate for a comprehensive broadband strategy for the U.S., has launched a new tracker to make it easier to follow implementation of the Plan -- and to hold policymakers accountable for reaching the Plan's goals. Fueled by Benton's daily Communications-related headlines service, the tracker provides updates for each individual recommendation as well as a timeline of progress made so far. The National Broadband Plan offers great promise. However, consistent follow up and follow through by government, industry and the public is required to transform these good intentions into new, effective policy. We all have a role to play -- especially those outside of government and broadband-related industries -- in tracking the implementation of the Plan and holding policymakers accountable for reaching the Plan's goals. Obviously, the Plan, like a new Administration, cannot be fairly judged after just 100 days, nor can we expect the Plan to be fully realized without public input and action. At Benton we hope this new tool will make it easier for every interested person to get informed and get involved. By tracking and engaging where necessary all of us can help move forward the Plan and ultimately deliver truly universal, affordable access and spur meaningful use of broadband -- a powerful and essential communications tool for the 21st century.
http://www.benton.org/node/37099
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FCC ANNOUNCEMENT ON BROADBAND MEETINGS
[SOURCE: Federal Communications Commission, AUTHOR: Edward Lazarus]
Since the D.C. Circuit's decision in the Comcast Internet-discrimination case more than two months ago, there has been a vibrant debate among stakeholders from all parts of the broadband community on the best path forward. Some stakeholders have shared their ideas with staff at the FCC, including ideas for legislative options. Senior FCC staff are making themselves available to meet with all interested parties on these issues. To the extent stakeholders discuss proposals with FCC staff regarding other approaches outside of the open proceedings at the FCC, the agency's ex parte disclosure requirements are not applicable. But to promote transparency and keep the public informed, the FCC plans to post notices of these meetings.

benton.org/node/37142 | Federal Communications Commission
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PK REACTION
[SOURCE: Public Knowledge, AUTHOR: Press release]
We are appalled at the idea put forward by the Federal Communications Commission Chief of Staff Edward Lazarus that there will be no disclosure (ex parte) requirements for meetings the FCC staff will hold on topics directly related to ongoing FCC proceedings. To say, as Mr. Lazarus did, that 'other approaches outside of the open proceedings' would not be subject to disclosure requirements is simply not acceptable in any circumstance, must less in an Administration and an FCC which have promised new levels of transparency. Discussions of the authority of the FCC over broadband, or network neutrality can cover a wide range of topics at any given time, whether dealing with legislation or not. To have ideas put forward by advocates, whether corporate or public interest, kept from the public, is not the way this FCC should do business. The FCC is an independent regulatory agency and should conduct itself accordingly. It should render decisions on current docketed proceedings based on the record before it.
benton.org/node/37141 | Public Knowledge
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VERIZON: FCC PROPOSAL IS OVERBEARING
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
On June 22, Verizon Communications CEO Ivan Seidenberg said that the company is willing to find a compromise on federal rules that would prevent it and other broadband Internet service providers from blocking or degrading traffic on their networks. But Verizon doesn't agree with a controversial proposal by the Federal Communications Commission to redefine those services as regular phone services. "We are very concerned that, in attempting to address legitimate issues about access to the Internet, the FCC has proposed basically an unimaginative and overbearing set of rules that essentially tries to retrofit a new industry into an old framework and expand their regulatory reach well beyond what is necessary," Seidenberg said. "As we've said ­ and as we've demonstrated ­ communications companies will continue to work with the Commission and the other players in the Internet space to protect customers and ensure an open and robust broadband environment. The FCC's current course of action will really do little to achieve those objectives."
benton.org/node/37140 | Washington Post | Bloomberg | The Hill
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NO SOLUTIONS EXPECTED FROM MEETINGS
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
A meeting between senior Federal Communications Commissions officials and companies that provide Internet services and access to the Web, continued Tuesday with no apparent solutions. AT&T, Verizon Communications, Google, Skype and the chief of staff to FCC Chairman Julius Genachowski met again for much of the day to negotiate a compromise on aspects of a net neutrality law that would prevent carriers from blocking traffic on their networks. Legislation on that issue would allow the FCC to carry out its goal for open Internet policies without having to move forward on a controversial proposal to assert its regulatory authority over broadband service providers. A source at the meeting said that while the parties all appeared to be attending the meeting in good faith, "There is still a long way to go. And having said that, there are many, many more stakeholders that need to be brought into the process. This is not a process that will lead to a final solution by any means."
benton.org/node/37139 | Washington Post
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CONTROL OF INTERNET
[SOURCE: AlterNet, AUTHOR: Christopher Mitchell, David Morris]
[Commentary] A battle is raging for control of the Internet and it is not taking place in Washington. Scores of cities, fed up with the recalcitrance and outright arrogance of their providers and Washington's lack of action are taking their information future into their own hands by building their own high-speed networks. The vast majority of cities with municipally owned networks didn't want to get into the telecommunications business. But after being spurned by the private sector they built their own networks and have found that a public network has many advantages. Ownership allows communities to establish the rules that will play a large part in determining their economic futures. The success of these public networks has spurred the interest of hundreds of communities big and small, and the implacable opposition of the telecommunication companies that now monopolize the Internet's future.
benton.org/node/37109 | AlterNet
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BROADBAND FOR TRIBAL NATIONS
[SOURCE: National Public Radio, AUTHOR: Laura Sydell]
Only 63 percent of all Americans have high-speed Internet connections. That's low compared with other countries. But when it comes to American Indians, the Federal Communications Commission estimates that fewer than 10 percent are connected. The cost of building compared with the return is one of the reasons American Indian communities have a long history of neglect when it comes to basic infrastructure. To help change that, at least for broadband, the FCC announced the appointment of Geoffrey Blackwell to lead its initiatives on American Indian affairs. Many tribal communities around the United States are in remote, rural areas. Humboldt County, Calif., is home to several tribes — among them the Karuk. In the small community of Orleans, Calif., the Karuk make up a quarter of the population of just under 1,000 people. The tribe's IT officer, Chris Kleeman, says they even have a hard time getting phone service. "We lose our regular telephones, including 911, hundreds of times each year," Kleeman says. Last July alone, they lost phone service about 250 times, he says. The telephone lines here can go down for hours, which puts the safety and the lives of residents at risk, says Roberta Kurgiliatti, who works for the volunteer fire department. Kurgiliatti recalls two major fires. In one, she says, the house burned to the ground because the homeowners couldn't call for help.
benton.org/node/37138 | National Public Radio
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BLACKWELL TO LEAD NEW INITIATIVES ON NATIVE AFFAIRS
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Geoffrey Blackwell will return to the Federal Communications Commission will lead the FCC's efforts to work with Native Nations and carry out the National Broadband Plan's recommendations for bringing broadband to all Native communities. Among his other responsibilities, Blackwell will be charged with helping to implement the recommendations outlined in the National Broadband Plan, including establishing a new office dedicated to addressing Native needs and overseeing a new FCC-Native Nations Broadband Task Force. He will also be responsible for developing and implementing a robust policy of meaningful dialog and consultation with Tribal entities. Blackwell is a recognized expert in the fields of Tribal economic infrastructure development. In April 2009, Mr. Blackwell was appointed to the FCC's Federal Advisory Committee on Diversity for Communications in the Digital Age. In September 2009, he was elected to be the Commissioner representing the United States on the Indigenous Commission for Communications Technologies in the Americas. From 1999-2005, Mr. Blackwell served at the FCC as Senior Attorney and Liaison to Tribal Governments. While at the FCC, he played a central role in the FCC's initiatives to stimulate Tribal telecommunications and broadcast services, including the development of the FCC's 2000 Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, adoption of the enhanced Lifeline and Link-Up support for residents of Tribal lands, and rules for cultural preservation review of Tribal sacred sites in tower siting. [more at the URL below]
benton.org/node/37118 | Federal Communications Commission
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STATES AND BROADBAND
[SOURCE: Pew Center on the States, AUTHOR: Susan Urahn et al]
A new report from the Pew Center on the States finds that states increasingly see broadband as a powerful vehicle for driving long-term economic growth and delivering services more efficiently and effectively. A growing number of states are stepping up their efforts to expand high-quality, high-speed broadband for their residents. This report examines the national push to ensure broadband access for all Americans. Driven by tight budgets, states are seeking to use this technology to deliver and improve education, public safety, health care, government services and energy. Just about every policy area that states manage could be affected by expanding broadband availability, adoption and quality. The report also examines the challenging steps states must take to improve broadband access, including:
Cost -- coverage for many underserved communities remains economically unfeasible
Mapping current access -- who has it and at what speed
Physical infrastructure -- negotiating federal, state and county jurisdictional issues
Capacity -- only an estimated 15 states have agencies or authorities that focus on broadband expansion
benton.org/node/37149 | Pew Center on the States
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FCC NAMES EMERGENCY RESPONSE INTEROPERABILITY CENTER TECHNICAL ADVISORY COMMITTEE
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission's Public Safety and Homeland Security Bureau has appointed twenty members to the Emergency Response Interoperability Center Technical Advisory Committee. Each appointee is either a federal official, an elected officer of a state or local government, or a designated employee authorized to act on behalf of such an officer. These appointments are effective immediately and shall terminate at the Bureau's discretion.
See membership of the Committee at the URL below.
benton.org/node/37117 | Federal Communications Commission
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COST STILL MAJOR FACTOR IN BROADBAND ADOPTION
[SOURCE: BroadbandBreakfast.com, AUTHOR: Rahul Gaitonde]
Consumer Research Director for the Federal Communications Commission John Horrigan led a panel on broadband adoption at the Roadmap for Broadband Adoption conference sponsored by Broadband for America. Horrigan detailed the new data obtained via a large scale phone survey which contacted over 5,000 people that purposefully oversampled non-adopters to obtain detailed data. The sample showed that price was still the main reason why individuals do not adopt with 15% of respondents claiming the monthly fee is too high for them along in addition the cost of the hardware is too expensive and the fees are too high. But Intel's Rick Herrmann emphasized the need for increased education as a mechanism for increasing long term adoption. Robert Shapiro, a Senior Fellow of the Georgetown School of Business, claimed that there is not a digital divide but rather a lag; lower income communities which are unable or unwilling to adopt will eventually adopt as the price drops.
benton.org/node/37114 | BroadbandBreakfast.com
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STIMULUS

HEARING ON INNOVATION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
White House Chief Technology Officer Aneesh Chopra told the Senate Commerce Committee June 22 that he would have a report within 60 days on the impact of the Recovery Act funding on investments, innovation and access to capital. That would include more than $7 billion that is being handed out in broadband grants and loans through the Departments Commerce and Agriculture. The cable industry has registered its problems with the broadband grant program. National Cable & Telecommunications Association President Kyle McSlarrow called it a disaster, saying billions were going to duplicate deployment and overbuild his members. Sen. Mark Warner (D-Va.) pushed Chopra for that impact report, saying it was important to find out the effect of that money on access to capital. Citing the FCC's National Broadband Plan, Sen. Mark Udall (D-NM.) asked whether the US should come up with a national innovation plan including identifying government policies that block innovation, as well as seeking those that promote it.
benton.org/node/37137 | Broadcasting&Cable
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PRIVACY

APPLE SHARING USER LOCATIONS
[SOURCE: Los Angeles Times, AUTHOR: David Sarno]
Apple is now collecting the "precise," "real-time geographic location" of its users' iPhones, iPads and computers. In an updated version of its privacy policy, the company added a paragraph noting that once users agree, Apple and unspecified "partners and licensees" may collect and store user location data. When users attempt to download apps or media from the iTunes store, they are prompted to agree to the new terms and conditions. Until they agree, they cannot download anything through the store. The company says the data is anonymous and does not personally identify users. Analysts have shown, however, that large, specific data sets can be used to identify people based on behavior patterns. An increasing number of iPhone apps ask users for their location, which is then used by the application or even uploaded to the app's maker. Apps like the Twitter application Tweetie and Google Maps make frequent use of location data, either to help the user get oriented geographically or to associate the user's action with a specific location (as when a tweet is geotagged). Apple says in its privacy policy that it uses personal information to "improve our services, content, and advertising."
benton.org/node/37124 | Los Angeles Times | PCWorld
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WIRELESS

FCC APPROVES VERIZON-AT&T DEAL
[SOURCE: Wall Street Journal, AUTHOR: Amy Schatz]
The Federal Communications Commission approved AT&T's $2.35 billion purchase of wireless licenses from Verizon Wireless. The FCC said the transaction didn't raise competitive concerns and that the voluntary conditions proposed by AT&T were "likely to result in transaction-specific public interest benefits." FCC Chairman Julius Genachowski circulated an order in early June to approve the deal and the agency's five commissioners unanimously approved the deal this week. The agency's approval of the license transfer was expected although the agency's review of the deal took almost a year, frustrating some AT&T executives. Only FCC Commissioner Michael Copps released a statement. He opposed Verizon's purchase of Alltel which triggered the sale of the licenses. "The Order we adopt now takes an important step to help restore at least some level of competitive balance through the implementation of Verizon Wireless' divestiture of certain licenses and associated businesses, as required by the Department of Justice, to AT&T," said Commissioner Copps. "Absent these divestitures, consumers in large parts of the country would have inevitably experienced less competition, higher prices and lower quality of service."
benton.org/node/37136 | Wall Street Journal | read the FCC Order | Commissioner Copps
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TELECOM

FCC DENIES QWEST REQUEST
[SOURCE: Federal Communications Commission, AUTHOR: ]
Noting the benefits of competitive markets for promoting investment and protecting consumers, the Federal Communications Commission released an order denying Qwest's request that the current pro-competition policy status quo be changed in the Phoenix (AZ) market. This outcome is consistent with previous FCC denials of similar petitions in 2007 and 2008.
In reviewing Qwest's petition, the Commission applied a data-driven and economically sound "market power" analysis to determine whether Qwest had shown that the competition policies governing traditional telephone services in Phoenix were no longer necessary. While the Commission found that Qwest failed to demonstrate that it no longer had market power for the relevant services in Phoenix, the agency acknowledged the significant growth of wireless and residential cable voice services. Moving forward, the FCC indicated that stronger evidence of lack of market power in future proceedings could result in a different outcome.
Consistent with the FCC's goal of encouraging competitive markets that can create jobs, fuel economic growth, and offer innovative services for consumers, today's Order provided more predictability about the review process by offering guidance to future petitioners regarding the kinds of data and analysis that will support relief. Simultaneous with release of the Order, the Wireline Competition Bureau released a Public Notice seeking comment on the application of the Qwest-Phoenix framework to two pending proceedings on remand from the D.C. Circuit, one from Verizon regarding six metropolitan areas and another from Qwest regarding four metropolitan areas, as well as future similar requests.
benton.org/node/37135 | Federal Communications Commission | read the Opinion and Order
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OWNERSHIP

SEEKING CONDITIONS ON COMCAST DEAL
[SOURCE: Wall Street Journal, AUTHOR: Amy Schatz, Sam Schechner]
Comcast Corp. rivals and business partners flooded the Federal Communications Commission Monday night with suggested requirements to impose on Comcast before approving its takeover of General Electric Co.'s NBC Universal media unit, including conditions that could alter the online-video marketplace. A few companies, including Bloomberg LLC and Dish Network Corp., asked the FCC to reject the Comcast acquisition, which would give it 51% control of NBC Universal's television and movie businesses for approximately $13.75 billion in cash and assets. But many wanted federal regulators to impose restrictions that would either give them better bargaining power with the cable and Internet giant or better access to its network and programming. By Tuesday afternoon, the FCC had received more than 32,000 comments about the deal, including emails from consumers worried that it would send their cable bills soaring, local station owners concerned NBC sports programming could soon move exclusively to cable channels and others who want the FCC to impose conditions that could give them a competitive advantage. Not all of the comments filed have opposed or sought strict conditions the Comcast-NBC deal. Comcast supporters, including government officials, community groups and media outlets, have also filed hundreds of comments in favor of the transaction.
benton.org/node/37147 | Wall Street Journal
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NETWORK NEUTRALITY AND COMCAST MERGER
[SOURCE: ars technica, AUTHOR: Matthew Lasar]
In comments about the proposed Comcast-NBC merger filed at the Federal Communications Commission, Public Knowledge says that it doesn't like the merger, but can see it moving forward under various conditions... like network neutrality. "The Commission must impose strict non-discrimination rules that prevent the [new] entity from interfering with the distribution of non-affiliated content through filtering, blocking, or degrading distribution. The growth of Internet distributed content should not be stifled simply because the newly formed entity would prefer consumers continue paying for its MVPD [multi-channel video program distribution] service." Comcast's ability to control users' access to content means that it can unfairly discriminate against non-NBCU content," PK warns, "either by refusing to connect users to the online video content of established competitors, or, more likely, simply de-prioritizing or throttling the bandwidth available to these competitors versus NBCU content." But the group doesn't just want "strict non-discrimination rules" attached to the new entity. The government should also require it to provide wholesale broadband access to unaffiliated Internet Service Providers. In other words, line-sharing, which cable companies have never been required to offer.
benton.org/node/37116 | Ars Technica
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On Day 100, A New Tool To Track The National Broadband Plan

It has been 100 days since the Federal Communications Commission (FCC) delivered "Connecting America: The National Broadband Plan" to Congress. To mark this early milestone for the Plan, the Benton Foundation, a longtime advocate for a comprehensive broadband strategy for the U.S., has launched a new tracker to make it easier to follow implementation of the Plan -- and to hold policymakers accountable for reaching the Plan's goals. Fueled by Benton's daily Communications-related headlines service, the tracker provides updates for each individual recommendation as well as a timeline of progress made so far.

The National Broadband Plan offers great promise. However, consistent follow up and follow through by government, industry and the public is required to transform these good intentions into new, effective policy. We all have a role to play -- especially those outside of government and broadband-related industries -- in tracking the implementation of the Plan and holding policymakers accountable for reaching the Plan's goals. Obviously, the Plan, like a new Administration, cannot be fairly judged after just 100 days, nor can we expect the Plan to be fully realized without public input and action. At Benton we hope this new tool will make it easier for every interested person to get informed and get involved. By tracking and engaging where necessary all of us can help move forward the Plan and ultimately deliver truly universal, affordable access and spur meaningful use of broadband -- a powerful and essential communications tool for the 21st century.

Bringing America Up to Speed: States' Role in Expanding Broadband

A new report from the Pew Center on the States finds that states increasingly see broadband as a powerful vehicle for driving long-term economic growth and delivering services more efficiently and effectively. A growing number of states are stepping up their efforts to expand high-quality, high-speed broadband for their residents. This report examines the national push to ensure broadband access for all Americans. Driven by tight budgets, states are seeking to use this technology to deliver and improve education, public safety, health care, government services and energy. Just about every policy area that states manage could be affected by expanding broadband availability, adoption and quality.

The report also examines the challenging steps states must take to improve broadband access, including:

  • Cost -- coverage for many underserved communities remains economically unfeasible
  • Mapping current access -- who has it and at what speed
  • Physical infrastructure -- negotiating federal, state and county jurisdictional issues
  • Capacity -- only an estimated 15 states have agencies or authorities that focus on broadband expansion

Who's Broadband Free Market Is It, Anyway? Local Communities, of course

[Commentary] The last time a Federal agency connected with the winds of change to broadband (NTIA) had a closed door meeting with incumbents' arm twisters, rules got "modified" that pretty much screwed communities' by diminishing their role in the stimulus program and elevating the role of private providers. This in direct contradiction of the intent of Congressional legislation that set up the broadband stimulus program.

This week we learned the FCC is holding a close door meeting with same arm twisters (ok, maybe different faces, but cut from the same cloth). WTF happened to transparency! Luckily for communities, there's a public Notice of Inquiry for We the People to weigh in. But the way incumbents are reacting just to having public input where everyone gets an equal hearing, you'd think we slapped their mothers and assaulted their children. So I'm having visions of deja vu all over again about this meeting.

It's time to rally and focus those communities that realize "if broadband is to be, it is up to me." I wrote a column that puts a very fine point on the issue of the day. If all of those folks in D.C. carrying on about free markets deciding broadband issues truly believe that line, then let's see 'em eat their own dog food.

Tell incumbents we're asserting our free market force.

Comcast Rivals, Partners Seek Conditions on NBC Deal

Comcast Corp. rivals and business partners flooded the Federal Communications Commission Monday night with suggested requirements to impose on Comcast before approving its takeover of General Electric Co.'s NBC Universal media unit, including conditions that could alter the online-video marketplace.

A few companies, including Bloomberg LLC and Dish Network Corp., asked the FCC to reject the Comcast acquisition, which would give it 51% control of NBC Universal's television and movie businesses for approximately $13.75 billion in cash and assets. But many wanted federal regulators to impose restrictions that would either give them better bargaining power with the cable and Internet giant or better access to its network and programming. By Tuesday afternoon, the FCC had received more than 32,000 comments about the deal, including emails from consumers worried that it would send their cable bills soaring, local station owners concerned NBC sports programming could soon move exclusively to cable channels and others who want the FCC to impose conditions that could give them a competitive advantage.

Not all of the comments filed have opposed or sought strict conditions the Comcast-NBC deal. Comcast supporters, including government officials, community groups and media outlets, have also filed hundreds of comments in favor of the transaction.

MiCongress lets lawmakers buy own cable channels to talk to constituents

Entrepreneur Stuart Shapiro thinks lawmakers have an image problem. And it's no wonder, he says, considering the great lengths to which they have to go to get the public's attention. They make a scene during their floor speeches. They bicker on talk shows. And they must rely on the news media to report what they've said -- beyond their most recent gaffes. It's a shame, Shapiro says, that these public servants "work so diligently and have such a passion for caring for their constituents, but it's not being reflected out in the real world." That's why his company, iConstituent, recently began a service called MiCongress, which lets lawmakers buy their own on-demand cable channels. For a fee, members of Congress can speak directly to their constituents using the same technology that allows cable subscribers to watch back episodes of regular TV programming whenever they want.

Mays steps down as Clear Channel chief

Mark Mays, chief executive of CC Media Holdings, is to step down by the end of 2010, ending the founding Mays family's executive control of the largest US radio company.

Mays, 46, announced his departure in a company memorandum late on June 22. The company has hired Egon Zehnder International, an executive search firm, to find a replacement. Mays, who will remain as chairman, said the decision was made "amicably" with the private equity financial sponsors of the company, Bain and Thomas H Lee.

Major online retailers split on plan to cut Saturday mail

On June 23, lawmakers will hear split views on proposed cuts in Saturday mail delivery from two of the nation's leading online retailers and largest customers of the U.S. Postal Service.

Representatives of Amazon.com will call delivery cuts "a bad idea," while Netflix, the DVD mail-rental company, will say cuts would have little, if any, impact on its subscribers. "Ceasing Saturday deliveries would be much worse for our rural customers, who simply would not be able to receive parcels on Saturday because there are no alternatives," Amazon Vice President Paul Misener will tell lawmakers. The online retailer would shift at least a sixth of its business to other carriers if the Postal Service stops delivering on Saturdays, Misener will say. Netflix does not endorse Saturday delivery cuts "in a vacuum" but considers them "a reasonable proposal in light of the very difficult challenges facing the Postal Service," according to the prepared testimony of executive Andrew Rendich. Executives from Condé Nast magazines and Hallmark also will testify Wednesday, but their testimony was unavailable.