June 2010

Apple Mobile Rules to Get FTC Scrutiny

The Federal Trade Commission will investigate whether Apple's business practices harm competition in the market for software used on mobile devices, people familiar with the situation said.

For weeks, the FTC has been engaged in negotiations with the Department of Justice over which agency would review allegations by companies that say they're being shut-out of one of the most important emerging computing platforms. Adobe Systems has been engaged in a public feud with Apple over its decision to ban Adobe's Flash video technology from Apple devices. This week, Google Inc. complained Apple's new rules on developers could bar Google and other rivals from selling ads inside iPhone and iPad applications, such as games. Apple has also banned software developers from using other companies' tools to develop software for its devices.

Media Ownership Comment Schedule

On May 25, 2010, the Federal Communications Commission released a Notice of Inquiry (NOI) in the 2010 Quadrennial Regulatory Review - Review of the Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996. The FCC is seeking comment on whether its media ownership rules continue to serve the public interest. Comments will be due on or before July 12, 2010 and reply comments will be due on or before July 26, 2010.

Google Response on 'Spy-Fi' Data Collection

House Commerce Chairmen Henry Waxman (D-CA), Ranking Member Joe Barton (R-TX), and Rep. Edward Markey (D-MA) released a response from Google after the lawmakers sent a letter to the company regarding its collection of private information over Wi-Fi networks.

The Internet giant owned up to the error while seeking to ease concerns about any harms it had caused, noting that the breach arose while it was systematically collecting Wi-Fi network information. This practice led it to mistakenly grab data running over those networks, it said.

"In retrospect, it is clear there should have been greater transparency about the collection of this data," Google said of its Wi-Fi collection program. The company maintained that it did not break the law. "We emphasize that being lawful and being the right thing to do are two different things, and that collecting payload data was a mistake for which we are profoundly sorry," the company wrote, adding that collecting data from openly accessible networks does not violate U.S. law. Signed by public policy director Pablo Chavez, the letter blamed the incident on code mistakenly included in software, which was in Wi-Fi equipment attached to cars surveying neighborhoods for its maps application.

"Transparency and trust are the key cornerstones that form the foundation of strong privacy protections for consumers. It's clear that in this case, Google fell short in both these areas," said Rep Markey.

Rep Barton called the situation "disturbing and ironic" and called for a hearing on the issue, "at minimum." "Google now confesses it has been collecting people's information for years, yet claims they still do not know exactly what they collected and who was vulnerable," he said, referring to a letter Google sent to the committee heads this week in response to their demand for answers on the incident. "This is deeply troubling for a company that bases its business model on gathering consumer data," Barton continued, noting incongruity between the privacy breach and the company's stance that Internet service providers, "but not Google," should be subject to greater regulation.

Community Broadband Providers Face Unique Challenges

Community broadband providers face unique challenges, said a group of experts June 10 at an event hosted by the New America Foundation. Broadband is a local issue and members of the communications community shouldn't lose sight of that, said author Craig Settles, who is also president of Successful.com and co-director of Communities United for Broadband, in a speech just prior to the panel discussion.

While discussing the national implications of telecom policy, and advocating for a robust national approach, Settles also expressed skepticism that the issue could be easily resolved through federal action. "It has become a national discussion at this point, followed by action policy and money," Settles said. "Broadband is a local issue, and we can't lose sight of the fact that it is all local, and regardless of what happens here in D.C., there are people in various communities, large, small and everything in between, and they have to live with these policies. What are some key things we need to do on the D.C. side, and on the local side?" Settles also rejected the notion of focusing exclusively on access to particular varieties of technology as a panacea. He suggested that a more holistic approach was needed.

Teamsters Voice Support for Comcast-NBCU Deal

A joint council representing 200,000 Teamsters has asked the Federal Communications Commission to allow the proposed Comcast-NBC Universal joint venture.

In a letter to FCC Chairman Julius Genachowski and the other commissioners, Joint Council 42, representing members in Southern California, Nevada, Guam, Saipan and Hawaii said the deal was "very much" in their interests. They said Comcast has been a "good faith negotiator," and that they do not think the deal will result in job losses. Comcast has agreed to honor NBCU's collective bargaining agreements, and Comcast Chairman Brian Roberts said the deal is not about cutting jobs, pointing out that it is a primarily vertical deal. The union letter echoes those points, saying it is not likely to lead to the redundancies that result in job cuts in horizontal mergers. Not all unions have been as sanguine about the combo. The Communications Workers of America has been critical of the deal, saying it would likely mean "the loss of good jobs, the erosion of employee rights, and [would] undermine living standards in the communications and media industries."

Network Neutrality -- Can We Trust the FCC Not to Censor the Internet?

[Commentary] The proponents of Network Neutrality have long claimed that the Federal Communications Commission needs to lay down some rules insuring freedom of speech on the Internet. As a songwriter I have a problem wrapping my mind around the concept that the FCC is going out of the censorship business and into the protection of free speech.

Wasn't it the FCC that banned Billy Holiday's wonderful recording of "Love for Sale" and Cole Porter's "I Get a Kick Out of You?" The Songwriter's Guild of America is not the only organization that is concerned about the idea of the FCC's protection of free speech on the Internet.The EFF, a strong proponent of Net Neutrality, has also expressed concern: "While we're big fans of net neutrality, we worry that the FCC may want to build its net neutrality regulations on a rotten legal foundation,"Title I 'ancillary authority' which is both discredited and unbounded. As we've said before, if ancillary jurisdiction is enough for net neutrality regulations (something we might like) today, the FCC could just as easily invoke it tomorrow for any other Internet regulation that the commission dreams up (including things we won't like, like decency rules and copyright filtering)."

If other strong Net Neutrality supporters like the Electronic Frontier Foundation realize that FCC regulation might very well have a negative effect on freedom of expression on the Internet, one would hope that a group calling itself 'Free Press' would share those same concerns.

The Promises and Perils Of The Mobile World

[Commentary] The mobile world holds a lot of promise for consumers, and for those brave enough to develop applications that have to work on a whole host of different devices and on the technologies of different carriers. Mobile is a marketing platform. It's an entertainment platform. It's a shopping platform, an organizing platform, a donation platform. It's anything anyone can imagine.

But as a panel of entrepreneurs brought together by the Mobile Internet Content Coalition (MICC) demonstrated June 11, the mobile world can be fraught with peril for those who risk angering the fickle powers that be who run their world. It's time for the Federal Communications Commission, the Federal Trade Commission and even the Antitrust Division at the Justice Department to break open this closed little society. The FCC can grant the Public Knowledge petition to protect text messaging and short codes as common carrier services. The FTC or the DoJ could look at the cartelized pricing mechanisms and approvals. No one has to go through the same hazing maze or endure the same hazards to get a Web domain for the wired world. There is competition for domain registration in the wired world. What happens there should also happen in the wireless world.

Net Censorship Central to U.S. Foreign Policy

The State Department has made Internet censorship a key pillar of its foreign policy and now factors the issue into its diplomatic relations with every other nation, a senior official from the department said on June 11.

In every meeting with foreign dignitaries, "this issue is on the table," Alec Ross, senior advisor for innovation to Secretary of State Hillary Clinton, said here at an event hosted by the Media Access Project, a nonprofit law firm and advocacy group. "Internet freedom has gone from being something that's a piece of what could at best be called a piece of foreign policy arcanum -- a little thing that a handful of people work on -- to something becoming increasingly central in our foreign policy," Ross said. Ross said that while much of the media attention devoted to online censorship focuses on prominent countries like China and Iran, the issue is much broader and the State Department sees the situation getting worse. "2009 was the worst year in history in terms of Internet freedom," he said. "There are now literally dozens of countries with less-than-stellar Internet freedom records. And it's increasingly the case that governments view the Internet as less something built on a single end-user-to-end-user principle than something that can be sort of built to spec, that looks and feels and works more like an intranet than an Internet."

Tuesday, June 22 from 9:00 am - 4:00 pm PDT
Wednesday, June 23 from 9:00 am - 12:00 pm PDT
Beverly Hills, California

On the draft agenda:

Day One (June 22):

- President's Report to the Board

- Committee Chair Reports

- Update on FY 2010 Goals and Objectives and Business Plan including TV CSG Consultation; Local Market Studies; TV Interconnection; and Ready To Learn (some portions in executive session)

- Presentations on Models of Dialogue and Collaboration in the New Media Environment

Day Two (June 23):

- Legislative Update

- Update on FY 2010 Goals and Objectives and Business Plan (continued)

- Review of Process for Development of Business Plan for FY 2011

- Review of Current Goals and Objectives

- Future Agenda Items

In addition, there will be a meeting of the American Archive Task Force on Wednesday, June 23, at 1:00pm PDT.

On the draft agenda:

- Report: Building Digital Archive Infrastructures

- Briefing on Copyright Clearance Issues for Public Media in the Digital Age

- Discussion of Communications for the American Archive



June 30 - July 1, 2010
Herndon, VA

Designed to educate the industry on the content of the National Broadband Plan, this event will be co-hosted by the Wireless Communications Association International (WCAI), the Northern Virginia Technology Council (NVTC), National Rural Telecommunications Cooperative (NRTC), and DigitalBridge Communications. This morning event is open to the public and free of charge. Seating is limited; pre-registration is highly recommended.

June 30, 2010 10 am - 12pm

FCC National Broadband Plan: Driving Innovation and Investment in the Broadband Ecosystem
This event provides a unique opportunity for the industry and the general public to learn about the content of the FCC's National Broadband Plan.

Phoebe Yang, General Counsel, Omnibus Broadband Initiative, FCC