October 2010

Agencies Progress in Implementing Recent Legislation, but Enhancements Could Improve Future Plans

Under the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (PRO-IP Act), Congress required the U.S. Attorney General, through the Department of Justice (DOJ), to devote additional resources and undertake other specific IP efforts. The PRO-IP Act also created the position of the Intellectual Property Enforcement Coordinator (IPEC) to enhance interagency coordination. The act mandates that GAO provide Congress with a report on the efforts of DOJ and the IPEC.

This status report addresses DOJ and Office of the IPEC's efforts to implement the act. The report also compares the 2010 Joint Strategic Plan on Intellectual Property Enforcement to the content called for in the PRO-IP Act. GAO examined relevant documents, interviewed agency staff and officials, and compared agency actions and the 2010 strategic plan with the PRO-IP Act. GAO recommends that the IPEC, in consultation with the Interagency Intellectual Property Enforcement Advisory Committee, take steps to ensure that future joint strategic plans identify implementing departments and agencies for all priorities and related action items and establish resource estimates to carry out the plan's priorities. (GAO-11-39)

NSA, DHS Deepen Cyber Relationships

The Defense Department and the Department of Homeland Security have breathed the same air on cybersecurity for seven years, but it's taken until now for the two executive branch departments to make their union official.

According to a recently-released memo, DHS will assign a senior officer to the National Security Agency, and a "Joint Coordination Element" will be set up to coordinate Defense Department and Homeland Security responses to domestic cyber emergencies. The NSA will in turn provided support elements to DHS, and will move a dozen personnel to DHS's main cybersecurity response campus in Fairfax County, Virginia. DHS cyber cops and managers will be permanently stationed at the headquarters of Cyber Command, at Fort Meade in Maryland. Several DHS analysts will be detailed to the NSA's National Threat Operations Center, which is the intelligence community's cybersecurity warning center. The goal is to "better protect against threat to civilian and military systems," a senior Defense Department official told reporters on a conference call. "The threats we face cross jurisdictional boundaries, and it's important that we bring together capabilities to respond as one nation." The new cooperation will make it easier for the NSA to lend its expertise to emergency domestic cyber threats under the auspices of the Department of Homeland Security, rather than through direct contact with the private sector entity under threat, officials said.

Wireless Networks Need Protections for End-User Freedoms

New America Foundation's Open Technology Initiative, Media Access Project, Benton Foundation, Center for Media Justice, Consumers Union, and Public Knowledge (Public Interest Commenters) responded to FCC's request for comment on "Specialized Services" and wireless open Internet rules.

Continuing technical and policy justifications from the FCC's consultation on preserving the Open Internet, the Public Interest Commenters demonstrate that wireless networks are not "under-developed" and carrier practices create the need for the protection of end-user freedoms. "We must change the current status quo to overcome barriers for Internet and application innovation erected by both mobile device restrictions and by the provider's restrictive practices," states Dan Meredith, Technologist for OTI. "Our submitted comments provide the FCC with a glide path to ensure the consumer protections and competition stimulants that exist in the wireline device market thanks to Carterfone ruling are also available to the wireless device market." Additionally, OTI has published a follow-up to the T-Mobile HTC G2 phone with Google controversy that began with a blog post on Tuesday, October 5 documenting a "feature" of the device that creates a new barrier to legal software modifications. Details on the G2 have emerged, including a statement from T-Mobile, indicating a clear need for consumer protections in the wireless Internet space.

MMTC: Shame, Not Regulations, Can Protect Net Consumers

Saying the Internet has its own inherent "shaming culture," the Minority Media & Telecommunications Council (MMTC) has asked the Federal Communications Commission not to impose "draconian enforcement mechanisms" in its effort to protect consumers.

MMTC, which said it was speaking on behalf of two dozen minority and civil rights groups, said it supported five out the six proposed network neutrality guidelines the FCC is proposing to codify, but has issues with the nondiscrimination principle. As it has in the past, MMTC expressed reservations about applying the net neutrality rules to wireless and said it doesn't want the commission prohibiting "pro-consumer voluntary agreements for the provision of specialized services." MMTC also took the opportunity to tell the FCC it has a moral duty to ensure that its network neutrality rules, which MMTC has "deep concerns" about, do not "lock into place and perpetuate the vast and current racial disparities in broadband access, adoption, and informed use."

MMTC says the FCC should focus on transparency and disclosure. Which means requiring ISPs to tell subs how they are managing their service. That is when the shaming culture takes over, says MMTC, which is another way of saying marketing forces. "In the few cases of net neutrality violations over the past five years, each and every one was quickly corrected because of the transparent and interactive Internet culture, which forces broadband providers to serve the demands and wants of users or else suffer the penalties of lost subscribers," the group said in its comments.

Video calling and video chat

Almost a fifth of American adults ­ 19% ­ have tried video calling either online or via their cell phones.

These figures translate into 23% of Internet users and 7% of cell phone owners who have participated in video calls, chats, or teleconferences.

  • Video calling online is especially appealing to upscale users. A third of Internet users (34%) living in households earning $75,000 or above have participated in such calls or chats, compared with 18% of those earning less than $75,000.
  • Younger Internet users are considerably more likely to conduct video calls. Some 29% of the Internet users ages 18-29 have participated in video calls or chats or teleconferences, compared with 15% of Internet users age 65 or older.
  • Online men are more likely than online women to participate in online video calls (26% vs. 20%).
  • Urban Internet users (27%) and suburban users (23%) are significantly more likely than rural users (12%) to have participated in video calls, chats, or teleconferences.
  • On a typical day, 4% of Internet users participate in video calls, chats, or teleconferences. That is a uptick from the Project's April 2009 survey, when 2% of Internet users reported participating in online video exchanges.
  • Cellphone-owning blacks are more likely than whites to participate in video calls, chats, or teleconferences (10% vs. 5%).
  • Those in upper-income households are more likely than others to participate in video calls (10% of cell owners in households earning over $75,000 participate in such calls, compared to 6% who live in households earning less than $75,000.
  • Cellphone owners under age 50 are more likely than those over age 50 to have participated in such video calls (8% vs. 4%).

FCC Takes Wraps Off Revised Broadcast Renewal Form

With the first batch of the next round of broadcast renewals due by June 1, 2011 ­-- less than eight months from now ­-- the Federal Communications Commissionhas announced plans to tweak the renewal application form (FCC Form 303-S) in five discrete ways:

  1. The revised form's instructions will include a new definition of "eligible entity" designed to reflect the FCC's "Equity Debt Plus" standard for determining the attributability of certain interests. The version of that standard currently in effect was announced in the FCC's Diversity Order adopted back in 2007.
  2. Section II of Form 303-S will contain a required certification that the licensee's "advertising sales agreements do not discriminate on the basis of race or ethnicity and that all such agreements held by the licensee contain nondiscrimination clauses."
  3. Section III of the form will include a new question (Item 4, with accompanying instructions) requiring the licensee to certify that, during the preceding license term, its station was neither silent, nor operating on less than the required minimum schedule, for any period of more than 30 days. If the licensee can't so certify, it will have to provide an exhibit specifying "the exact dates ... on which the station was silent or operating for less than its prescribed minimum hours."
  4. The proposed revision of the form would eliminate the longstanding requirement that full power AM and FM licensees submit an exhibit to demonstrate compliance with RF limits.
  5. Finally, Section V (Item 4) of the form would be changed to clarify that LPTV stations still need to file Form 396 with their renewal application, even though they might not have to file an EEO-related public file report and post that report to their website.

Will KCET keep its pledge?

[Commentary] After Jan. 1, 2011, KCET will present itself anew, as an independent community-supported station whose programming particulars exist so far mostly as empty phrases: "high quality professionally produced programming representing the genres our audience expects from us drawn from national and international sources," "content acquired and produced specifically with our audience in mind," an "exciting and challenging journey."

It is a "work in progress," KCET Chief Executive Al Jerome posted on the station's website, to be realized in concert "with the local creative community, which is world renown[ed] as the source of great entertainment." KCET has always struck Lloyd as something of an underperformer in terms of its productions, especially as compared with busier, nationally recognized cousins such as Boston's WGBH and New York's WNET. And its on-air pledge drives, which more and more often seem to be built around music from the far end of the Boomer generation, can make the station seem sclerotic and out of touch. It also strikes him as strange that at no time before the announcement of this impending divorce did management address the station's supporters (and those hitchhiking viewers who might have become supporters), and say, "We're in a crisis, and if you believe in what we're doing here, we need your help to continue" — that would seem to be Nonprofit 101 — rather than announcing the split as an accomplished and irrevocable fact. But perhaps that would have been to chance a failure more telling — to be rejected by your audience — than that of being unable to convince a remote and powerful corporation to cut you some slack. That rejection is, of course, still a possibility.

If, as the station has claimed, the economic downturn had made it difficult for KCET to raise the money PBS demanded from it, will it be any easier, without the lure of an "Antiques Roadshow" or "American Masters," to raise the money to realize this unrevealed new vision? One can easily imagine, if you'll pardon the mixed metaphor, a vicious circle of diminishing returns, in which cheaper programming leads to fewer pledges, which in turn leads to even cheaper programming, which leads to fewer pledges. Rather than being asked to pay for more of what they know they want, viewers are, for the moment, being asked to buy a pig in a poke, to put faith in a plan proposed by people in whom they have no convincing reason to put their faith.

High-speed Internet upgrade begins

After two years of planning, construction is starting on a big upgrade to Maine's high-speed Internet system.

It's called the Three Ring Binder, and supporters say it will help grow Maine's economy and improve everything from education to health care. Leaders of the Maine Fiber Company, which is building the system, held a ribbon-cutting in Brunswick to celebrate construction of the first five miles of the binder system, and announce that work is about to start on several hundred more miles this fall. The Three Ring Binder is planned to build 1,100 miles of fiber optic cable in three "rings" or loops covering much of the state. The project was first conceived by researchers at the University of Maine, who then worked with the state and private business people to develop the plan. The project was awarded $25 million in federal stimulus funding, and Maine Fiber also raised $7.5 million in private investment. The Binder is designed to bring high speed, high capacity broadband service to areas of the state where it is unavailable, unreliable or prohibitively expensive.

Key Factors for Successful Community Media Initiatives

The ongoing need for community media programs has much to do with the dearth of diverse voices and representation within mainstream media outlets.


Rainbow PUSH Coalition & Citizenship Education Fund
Telecommunications & International Affairs Symposium
October 28, 2010 -- 6:00pm - 9:00pm
October 29, 2010 -- 8:30am - 2:00pm

Opening Night Vip Reception Honoring Reverend Jesse L. Jackson, Sr.
The Willard Intercontinental Washington DC
1401 Pennsylvania Avenue, NW
Washington, DC 20004

Annual Rainbow Push Coalition & Citizenship Education Fund
Telecommunications & International Affairs Symposium
October 29th, 2010
Capital Hilton, 1001 16th Street, NW, Washington, DC 20036