October 2010

The Overcoming Disadvantage Amendment to the Designated Entity Rules

After two years of careful research, the Federal Communication Commission's Advisory Committee on Diversity for Communications in the Digital Age voted unanimously in favor of submitting the "Preference for Overcoming Disadvantage" proposal to the FCC urging the rulemaking body to amend its Designated Entity Rules.

To its credit, the FCC has been pondering how to diversify and expand its pool of qualified applicants for communications service licenses, and we are happy the FCC has finally taken a step in the direction of positive change. The Designated Entity Rules have always helped lower entry barriers for small businesses and rural telephone companies that bid for FCC licenses. However, the new amendment would be a great start toward expanding its reach by expanding the FCC's pool of qualified license candidates. In essence, the amendment would adopt and implement an additional new preference program for individuals who are otherwise qualified for an FCC license, but who have faced substantial disadvantages, and who have since overcome those disadvantages. Moreover, in situations where the FCC licenses are to provide broadcast services to the public, the preference program would have the added benefit of opening up the process to candidates who might not otherwise be able to compete in FCC license auctions, thereby contributing to viewpoint diversity on the air. Since the current designee pool is so narrow, the present effects of the Rules are failing short. The new amendment would open the pool of FCC licensees using this new and innovative concept, a tremendous benefit to disadvantaged individuals who would previously have not qualified. But what does that mean?

Qwest deal raises specter of change

CenturyLink is acquiring Qwest for $10.6 billion, but competitors and union employees are saying they will opposing the deal in state regulatory hearings unless they get guarantees that they won't be hurt by planned cost-cutting in the Qwest operations over the next five years.

Qwest and CenturyLink are trying to head off that threat by presenting their own vision of what Minnesota's largest phone company would look like in the future. The hearings are currently in a middle phase in which testimony is being taken; regulators aren't expected to rule on whether the acquisition can take place until early next year. The two phone companies issued a list of guarantees about what they would and wouldn't change in Qwest's Minnesota operations over the next two to three years, providing the acquisition is approved by the Minnesota Public Utilities Commission. In addition, the two phone companies guaranteed a minimum investment in high-speed Internet service in Minnesota, totaling $50 million over five years. One-third of the money would be spent in areas that are unserved or underserved. The guarantees, which were negotiated privately between Qwest, CenturyLink and the Minnesota Department of Commerce, appear to be designed to mollify opponents of the acquisition. The opponents point out, however, that the $50 million guarantee is actually less than Qwest has been spending on broadband in the state.

Cablevision Refuses Access to Debate for New York Governor Candidates

Verizon is reaching out to elected officials and others on Long Island and around the state to seek their support for the company's efforts to broadcast the first gubernatorial debate leading up to the 2010 election. The debate will be held at Hofstra University on Monday (Oct. 18) and is sponsored by Cablevision. Cablevision is refusing to share the broadcast of the debate.

Germany Is the Last Holdout in YouTube's European Music Quest

In Europe, YouTube is still perceived in some circles as an illicit conduit for bootleg music. In France, a government study in January suggested a special advertising tax on YouTube, the dominant site for streaming music video, to reimburse musicians. In Germany, the producer of the British singer Sarah Brightman, together with the German music royalties group, are suing Google, which owns YouTube, over copyrighted songs and videos on the site. But increasingly, these challenges appear to be the exceptions as Google, using a carrot-and-stick approach of negotiation and music blackouts, begins to root out the legal hurdles to YouTube's growth in Europe. Since September 2009, despite its legal challenges in Germany, Google has signed royalty agreements with music copyright collecting societies in seven European countries representing more than half of the European online music market.

Many Germans over estimate daily Internet use

German consumers are spending more time using media, with 14-19 year olds spending on average 9 hours a day using TV, internet, radio and other forms of media, according to the Navigator Media Usage 2010 study from SevenOne Media. The study shows that daily media use has increased by 10 minutes over the last five years. The average TV use is almost 3.5 hours a day, followed by radio with 120 minutes and internet with 95 minutes.

New telecom tax seen as a threat to investment

Hungary plans to implement a new tax on the telecoms sector could damage the development of the country's market and weaken the pace of technological rollouts. The findings, published in the wake of Prime Minister Viktor Orban's announcement on the proposed new tax, notes that the experience of other European Union (EU) markets shows that there is no credible case to support a special tax on the sector.

Taiwanese Government approves WiMAX development plan

The Taiwanese Ministry of Economic Affairs has approved a WiMAX development plan that will see the government invest an estimated TWD6.6 billion (USD 215 million) in developing the country's WiMAX infrastructure over the next three years. Ambitious Ministry of Economic Affairs officials have declared that they hope the 'annual production value of WiMAX products in 2013 will reach TWD130 billion'. WiMAX network operators' service revenues reportedly reached TWD9 billion in 2009, with a figure of TWD15 billion forecast for 2010.

Y U Luv Texts, H8 Calls

Nielsen analyzed cellphone bills of 60,000 mobile subscribers and found adults made and received an average of 188 mobile phone calls a month in the 2010 period, down 25% from the same period three years earlier. Average monthly "talk minutes" fell 5% for the period compared with 2009; among 18- to 24-year-olds, the decline was 17%.

Text messages -- also known as SMS (Short Message Service) -- take up less bandwidth than phone calls and cost less. A recent survey of 2,000 college students asked about their attitudes toward phone calls and text-messaging and found the students' predominant goal was to pass along information in as little time, with as little small talk, as possible. Part of what's driving the texting surge among adults is the popularity of social media. Sites like Twitter, with postings of no more than 140 characters, are creating and reinforcing the habit of communicating in micro-bursts. And these sites also are pumping up sheer volume. Economics has much to do with texting's popularity. Text messages cost carriers less than traditional mobile voice transmissions, and so they cost users less.

Texting's rise over conversation is changing the way we interact, social scientists and researchers say. We default to text to relay difficult information. We stare at our phone when we want to avoid eye contact. Rather than make plans in advance, we engage in what Rich Ling, a researcher for the European telecom company Telenor and a professor at IT University in Copenhagen who studies teens and technology, has named "micro-coordination"—"I'll txt u in 10mins when I know wh/ restrnt." Texting saves us time, but it steals from quiet reflection.

What Was Fox' Hulu Blackout Really All About?

Fox blocked Cablevision customers from accessing Fox content on Hulu as well as Fox.com, only to reinstate access a few hours later. The whole episode was clearly meant as a show of force -- a warning shot, if you will. But this wasn't just about getting a few extra bucks from Cablevision.

Fox had to know that blocking access to Hulu would raise more than a few eyebrows at the Federal Communications Commission, and cause public interest groups to ring the alarm bells about possible consequences of media concentration. Which is actually quite convenient when one of your biggest competitors is about to enter a huge merger. Fox showed how much Hulu has to follow the lead of its corporate parents. We can be certain that the incident will have an impact on the ongoing legislative and regulatory review of the Comcast NBCU merger. After all, it's safe to assume that NBC has the same kind of power to block subscribers of a certain ISP from accessing Hulu -- only, that power is even more questionable if you're about to go down the aisle with the country's biggest ISPs. What will stop Comcast, regulators might ask, from arbitrarily stopping subscribers of competing broadband services from accessing NBC content on Hulu? Some may question whether a merged Comcast NBCU should own any part of Hulu at all.

Broadband Speed Is the Tail Wagging the Policy Dog

[Commentary] As the Federal Communications Commission promotes the National Broadband Plan, it appears it's convinced making 100 Mbps Internet access speed available to 100 million households within 10 years will bring transformative change to the U.S. One of the expected outcomes is a positive impact on economic development. But will it?

More importantly, is there too much emphasis on the ability of speed to drive economic success? A recent survey of economic development professionals and others who deal with local economic issues by the International Economic Development Council (IEDC) reveals that not only do over 55 percent believe we need more than 100 Mbps to impact economic outcomes, they feel we need these speeds within three years. Washington (DC) agencies have made speed the tail that wags the dog. Unless and until policymakers come to grips with the realities in the communities, we can expect to have broadband's potential stifled by policies that lead to bad legislation, wasted money and countless frustrated constituents.