November 2010

OMB Adopting Cloud-first Policy

The federal government is adopting a "cloud-first" policy, marking the administration's strongest statement yet in support of Web-based computing as it looks to overhaul the way it buys information technology.

Jeffrey Zients, the federal government's first chief performance officer, announced last week that the Office of Management and Budget will now require federal agencies to default to cloud-based solutions "whenever a secure, reliable, cost-effective cloud option exists." The shift is part of a broader set of changes aimed at improving IT procurement. In recent months, the federal government has shut down or restructured a host of technology programs after they ran over budget and behind schedule. "Fixing IT is central to everything we're trying to do across government," Zients said. "IT is our top priority." Zients outlined a series of initiatives the government plans to launch in the next six months, including pilot efforts to give agencies more flexibility in how they budget for programs. In addition, the administration wants to reconstitute oversight panels known as investment review boards and establish a career path for program managers.

Silicon Valley -- finally -- to get high-speed wireless Web network

At long last, Silicon Valley -- the world's technological epicenter -- is getting a wireless network that promises superfast Internet connections for people using mobile gadgets. Two networks, in fact.

WiMax, a so-called 4G (for fourth-generation) wireless service partly bankrolled by Intel and Google, and a similar network from Verizon, are set to be launched in the Bay Area by the end of the year. They promise to let consumers download video, Web pages or e-mail at least three to six times quicker than existing mobile wireless networks. Moreover, unlike Wi-Fi hot spots, which have limited reach, 4G networks typically cover large areas. With WiMax starting in 63 other markets across the country over the past two years, being stuck in the technological slow lane has been aggravating for many in Silicon Valley, and the services are likely to spark an array of imaginative new Internet-based applications from local businesses.

Peter Jarich of the market research firm Current Analysis, for instance, envisioned that these new networks would allow car GPS systems to be quickly and regularly updated with new maps, for instance. And that could just be the start, he added, since it is hard to imagine every possibility until the technology is in hand. "We didn't really see this whole application boom in mobile phones until the iPhone came out."

What the Galaxy Tab says about the tablet universe

The Samsung Galaxy Tab has been thoroughly and generally positively reviewed at this point, but after several days of test-driving the device, I believe it highlights two larger questions about the emerging tablet market. What is the appropriate size for these gadgets, and how important will bountiful media choices be to the success of the competing platforms?

New Time Warner Cable Tier Designed to Fail

BTIG Research analyst Richard Greenfield thinks Time Warner Cable's new low-priced cable package is designed to fail. Greenfield concluded that TV Essentials was "idiotic unless a cable operator believed there was little chance of most consumers having interest." He concludes TWC is deliberately tanking because he can't find any redeeming value in the product, including the absence of too many key channels like ESPN and Fox News Channel.

But what's more interesting is the rationale Greenfield offers as to why on earth TWC would bother failing on purpose: "The package appears to be more of a marketing tool than anything else, with an attractive marketing message (cheap) to economically challenged consumers - get the phone to ring and then upsell digital cable."

Reaching the remote: Telemedicine gains ground

The Centers for Medicare & Medicaid Services is making changes to promote telemedicine.

In June, the agency proposed new policies that would make it easier for hospital officials to credential physicians who provide telemedicine services at their facilities. And in January 2011, CMS will expand Medicaid coverage for remote services, including disease management training for patients with diabetes or kidney disease. Reliance on providing care from afar will increase due to expected shortages of physicians. By 2020, the nation may be an estimated 91,500 physicians short due to expansion of coverage to more than 30 million uninsured Americans and increased demand from an aging population. Without enough doctors to deliver care, many rural health facilities increasingly will be staffed by nonphysicians, such as advanced practice nurses. And because nonphysicians lack a broad medical education, they will need the support of specialists via telemedicine.

The Growing Gap between Landline and Dual Frame Election Polls

The number of Americans who rely solely or mostly on a cell phone has been growing for several years, posing an increasing likelihood that public opinion polls conducted only by landline telephone will be biased.

A new analysis of Pew Research Center pre-election surveys conducted this year finds that support for Republican candidates was significantly higher in samples based only on landlines than in dual frame samples that combined landline and cell phone interviews. The difference in the margin among likely voters this year is about twice as large as in 2008. Across three Pew Research polls conducted in fall 2010 -- conducted among 5,216 likely voters, including 1,712 interviewed on cell phones -- the GOP held a lead that was on average 5.1 percentage points larger in the landline sample than in the combined landline and cell phone sample.

In six polls conducted in the fall of 2008, Barack Obama's lead over John McCain was on average 2.4 percentage points smaller in the landline samples than in the combined samples. In Pew Research's final pre-election poll in 2010, the landline sample of likely voters found Republican candidates ahead 51%-39%, a 12-point lead. In the sample that combined landline and cell phone interviews, the Republican lead was 48%-42%, a six-point advantage. The national vote for House candidates is not yet final; currently, Republicans lead by approximately a seven-point margin.


New America Foundation
Wednesday, December 1, 2010
3:30 p.m. - 4:45 p.m.

Disaster, fraud and crime reporting sites provide information to civic authorities. AmberAlert has more than 7 million users who help with information on child abductions, and SERVE.GOV enables citizens to volunteer for national parks, museums and other institutions. These are just a few examples of digital tools -- from social networking applications, to microblogging (e.g. Twitter), to recommendation sites like Ushahidi -- that represent the new frontier of technology-mediated social participation. Whether dealing with a natural disaster, expanding health care coverage, or campaigning to make a forest a national landmark, governments and private citizens alike have found digital tools to be an effective means of reaching the masses.

But there are also clear challenges when using technology in this realm, including limited scale and potential privacy violations. Please join us as we build on two recent National Science Foundation workshops to discuss the advantages and pitfalls of social innovation and civic participation in this brave new technology-mediated world.

3:30pm to 3:35pm - Introduction

Tom Glaisyer
Knight Media Policy Fellow, Open Technology Initiative
New America Foundation

3:35pm to 4:10pm - Presentations

Ben Shneiderman
Professor of Computer Science
Founding Director, Human-Computer Interaction Lab
University of Maryland

Jenny Preece
Professor and Dean, College of Information Studies
University of Maryland

4:10pm to 4:45pm - Panel Discussion

Ginny Hunt
Head of Public Sector Programs
Google

Ben Shneiderman
Professor of Computer Science
Founding Director, Human-Computer Interaction Lab
University of Maryland

Jenny Preece
Professor and Dean, College of Information Studies
University of Maryland

To RSVP for the event:
http://www.newamerica.net/events/2010/technology_social_innovation

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

For media inquiries, contact Kate Brown at (202) 596-3365 or brown@newamerica.net



November 22, 2010 (FCC's Dec Agenda)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY, NOVEMBER 22, 2010

Check out our tweets @benton_fdn


AGENDA
   GOP to FCC: Don't Hold December Network Neutrality Vote
   Reps Doyle and Markey: FCC Should Move on Net Neutrality In December
   Upton: Under GOP, Genachowski to be 'familiar face' on Capitol Hill
   Rep Dingell tells FCC to give up data roaming rule, questions broadband authority
   Love and money are likely to be the keys to 112th Congress

BROADBAND/INTERNET
   Myths and Facts in the Net Neutrality Debate
   Like Democracy, the Web Needs to be Defended
   The Broadband 'New World Order'
   Fiber to farm: Should farmers pay more?
   Survey Says: Data Cap Broadband Plans Are Cheaper
   FCC Google "Spy-Fi" Investigation To Establish Network Neutrality Authority? Thanks Scott!

TELEVISION/RADIO
   For NBC Sale, Tensions Rise in Washington
   Online TV Streams Come Under Fire
   The battle for NPR's public funding
   NJ officials consider NY, Philadelphia public broadcasting services to take over NJN
   Sweeping Retransmission Reform Unlikely: McSlarrow, Lake
   Why Cheaper Cable Opens A Pandora's Box
   Broadcasters Keep Pushing the Mobile TV Boulder Uphill
   TV Poised for New Golden Age with Mobile
   Google TV Privacy Policy
   Orb brings Internet to TV, says networks can't block
   A Figure at Troubled Companies Has Big Plans for PBS Program

CONTENT
   Copyright Policy Should Encourage Innovation
   Online TV Streams Come Under Fire

MEDIA OWNERSHIP
   Creditors Unclear on Tribune Plans
   For NBC Sale, Tensions Rise in Washington

POLICYMAKERS
   African-American Group Asks Pelosi to Oppose Bobby Rush
   McSlarrow to leave NCTA

HEALTH
   Nebraska network boosts rural connectivity

STORIES FROM ABROAD
   Google Agrees to Improve Data Handling to End UK Privacy Investigation
   Unlikely Person at the Heart of India's Scandal
   EU Chews on Web Cookies

MORE ONLINE
   Amazon lets gift givers put virtual books in virtual stockings
   The smartphone is changing everything
   Joe Scarborough Suspended for Two Days for Political Donations
   With Kinect Controller, Hackers Take Liberties

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AGENDA

NET NEUTRALITY IN DECEMBER?
[SOURCE: National Journal, AUTHOR: Juliana Gruenwald]
"We believe FCC Chairman Genachowski is leaning toward scheduling a vote to adopt net neutrality rules using Title I authority at the FCC's December 15 open meeting," wrote Paul Gallant, research analyst with MF Global, in a Nov 19 advisory. "We do not believe this decision has been finalized, but right now it appears to be the most likely scenario." In response, House Communications Subcommittee Ranking Member Cliff Stearns (R-FL) said, "Ramming through Internet regulations would ignore the will of a bipartisan majority of Congress and the American public."
benton.org/node/45273 | National Journal | Politico | National Journal
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DOYLE AND MARKEY BACK FCC MOVE
[SOURCE: National Journal, AUTHOR: Juliana Gruenwald]
Countering Republican opposition to the Federal Communications Commission possibly moving forward with a network neutrality order during its December meeting, Rep. Mike Doyle (D-PA) put out the following statement: "Net neutrality is essential for continuing the rapid pace of innovative Internet technology and content, and I look forward to hearing [FCC Chairman Julius Genachowski's] plans to protect the Internet, and to working with him to ensure that the Internet is open to all voices."
Rep. Ed Markey (D-MA) added: "It is my hope that the Commission will act this year to ensure that the Internet retains the features of openness and non-discrimination that have made it the most successful communications and commercial medium in history. The Commission should resist attempts to permit paid prioritization on the Internet, which would undermine its success, favoring certain content providers to the detriment of other content creators unable or unwilling to pay. Likewise, exclusion of wireless services from open Internet requirements could widen the digital divide by establishing a substandard, less open experience for traditionally underserved regions and demographic groups that may need to access the Internet on a mobile device."
benton.org/node/45310 | National Journal
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UPTON TO MAKE GENACHOWSKI FREQUENT GUEST
[SOURCE: The Hill, AUTHOR: Sara Jerome]
If he becomes the top Republican on the House Commerce Committee, Rep Fred Upton (R-MI) has vowed to make Federal Communications Commission (FCC) Chairman Julius Genachowski a regular in Congress as the committee makes FCC oversight a central piece of its agenda. "After two years of inaction, the Energy and Commerce Committee will be quite active in fulfilling the oversight responsibilities our Founding Fathers expected. The FCC will be prominently featured and Chairman Genachowski will soon be a familiar face on Capitol Hill," Rep Upton said. "I hope that the only turkey cooking next week will be in our kitchens on Thanksgiving and not at the FCC," he said. Rep Upton said he is "alarmed and disappointed" by the possibility that the FCC might "blatantly seek to circumvent Congress and seize authority that they do not have." He urged the agency not to "poison the well before the new Congress is sworn in," and to instead "stand down on any movement toward net neutrality."
benton.org/node/45311 | Hill, The
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DINGELL LETTER TO FCC
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
Rep John Dingell (D-MI) slammed a proposal by the chairman of the Federal Communications Commission to force national wireless carriers to provide roaming services for customers of regional service providers. Rep Dingell said the proposal, introduced last spring, would face legal challenges because of the FCC's questionable authority to impose rules on broadband services. The FCC is expected to vote on data roaming rules as early as next month. "I remain concerned that you continue to over-interpret the statutory authority granted to the commission by the Congress," Rep Dingell wrote in a letter to FCC Chairman Julius Genachowski. "Further consultation with the Congress on this and other matters is desperately needed to avoid a glorious mess of litigation." Rep Dingell said he disagrees with Genachowski's proposal to reassert its oversight of broadband service providers, a measure that has attracted criticism from Republicans and some Democrats.
benton.org/node/45309 | Washington Post
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LOVE, MONEY AND TELECOM
[SOURCE: CommLawBlog, AUTHOR: Catherine McCullough]
[Commentary] Welcome to the 112th Congress. Notice anything missing? Like a third of the House Commerce Committee Democrats? Or a Congressional mandate on network neutrality? Or Chairman Boucher? Let's see what all this means.
This year's midterms have put Members on notice that voters are not afraid to fire them. And each party is looking to 2012 to capture complete control of both houses of Congress and the White House. So in the upcoming Congress look for Members to be feverishly competing for two things: love and money. Love in the form of votes (from an unusually angry electorate, eager to hold officials accountable). And money in the form of, well, money, i.e., the ability to spend government funds on their preferred projects (without, of course, looking fiscally irresponsible). As we shall see, both love and money can be found in telecom policy. So it's likely that telecom issues will get considerable attention from Congressional leadership, including precious "floor time" for debate. Issues such as online privacy are likely to be some of the first to be considered. As to the less romantic but far more practical question of money, telecom policy is one of the few places it can be found. How? Think spectrum auctions. By providing for the sale of spectrum controlled by the government, Congress can generate revenue that can be used either to (a) "offset" any spending priorities Members might push for or (b) pay down debt.
benton.org/node/45307 | CommLawBlog
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BROADBAND/INTERNET

NET NEUTRALITY MYTHS AND FACTS
[SOURCE: Institute for Policy Integrity, AUTHOR: Jennifer Rosenberg, Scott Holladay]
In the discourse over network neutrality there are some important facts getting lost in the shuffle. There are strong arguments that weigh in favor of network neutrality, and there are reasonable arguments that caution against it. There is no reason for either side to rely on myths to win support. So in an attempt to refute misconceptions, highlight flawed assumptions that underlie certain myths, or fill in the blanks where available information is too incomplete or ambiguous to support the conclusion being drawn. This memo clarifies some of the economic issues and addresses a number of myths including:
ISPs will not do anything to reduce the value of the Internet to their consumers. It would be bad for business.
Net Neutrality protections will cost jobs, or otherwise depress employment.
Network owners require the ability to price-prioritize in order to build faster, more comprehensive Internet service.
benton.org/node/45308 | Institute for Policy Integrity
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WEB NEEDS TO BE DEFENDED
[SOURCE: GigaOm, AUTHOR: Mathew Ingram]
The web has worked its way into most of our lives to such an extent that it's easy to take it for granted, and to forget what an incredible resource it is, or the powerful things that it allows us to do as a society. But Sir Tim Berners-Lee says there are threats to the freedom of the web all around us, and that we need to fight them in the same way we fight to protect our freedoms in the real world. Where are those online threats coming from? Berners-Lee says, "large social-networking sites are walling off information posted by their users from the rest of the Web," in what appears to be a clear reference to Facebook's walled-garden approach to sharing things like the email addresses of its users, and he later mentions Facebook specifically as "a silo." The other potential threats, he says, include wireless Internet providers who are "being tempted to slow traffic to sites with which they have not made deals," and also governments — totalitarian and democratic alike — who are "monitoring people's online habits [and] endangering important human rights."
benton.org/node/45304 | GigaOm
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NEW WORLD ORDER
[SOURCE: Connected Planet, AUTHOR: Susana Schwartz]
As companies like TATA in India and Oi in Brazil make moves toward truly personalized data packages, the question emerges of how "a la carte" can things get and how fast? The bottomline is it won't be enough to just sell tiers, or to sell upgrades to people. Additional services should constantly be added, and they have to be increasingly personalized. If a person is vacationing or visiting relatives and is willing to pay for on-demand, value-added services for a short period of time, why not enable it? Well, part of the problem is the transition from data tier plans to personalized data packages will require technological changes around extra policies and the ability to do real-time changes of how networks function, and to control latency and volume limits on the fly. Many policy solutions in use today were implemented before demands for scalability and performance got to current levels. And, most do not integrate with online-charging capabilities. To really allow for real-time, on-demand services that are personalized, online charging and policy have to come together so that sophisticated charging for new services and upgrades can take place in a very high-volume environment.
benton.org/node/45303 | Connected Planet
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SHOULD FARMERS PAY MORE FOR BROADBAND?
[SOURCE: Minnesota Public Radio, AUTHOR: Dave Peters]
The residents of Sibley County in rural central Minnesota have launched themselves into a conversation, not just about whether to build a fiber optic network that would give them world-class Internet access but about how to share the cost burden between town and farm. Here are the questions: Should the county of 15,000 (18,000 if you add the neighboring town of Fairfax) create a project to serve eight small towns with Internet speed far greater than what is available now through phone and cable companies? Assume it would borrow about $34 million and have an expected breakeven in five years. Or should it build a project offering the same service to the same towns plus all the farms in the county, borrowing $61 million, finding another $2 million in equity and breaking even in seven years? And -- here's the really interesting part for residents to tussle with -- if they lay fiber to all the farms, should farmers pay more?
benton.org/node/45302 | Minnesota Public Radio
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FCC, GOOGLE AND SPY FI
[SOURCE: Tales of the Sausage Factory, AUTHOR: Harold Feld]
[Commentary] Scott Cleland is mad at Google. This is not much of a surprise. Scott Cleland spends much of his time mad at Google and wishing terrible things would happen to the company. This time, Cleland wants the Federal Communications Commission to investigate and punish Google for their collecting user data while sending their truck fleet to find open hot spots as part of their "street view" project. The FCC has confirmed it is investigating Google's conduct. Cleland hopes the FCC will throw the book at Google. Feld is also hoping the FCC will act. But having pondered this for awhile, he's not sure Cleland understands precisely what an FCC action against Google would mean for issues like network neutrality and regulation of wireless broadband access. Briefly, it would require the FCC to either assert authority over all unlicensed spectrum and passive reception or authority over wireless broadband. While this does not trouble Feld, evil pro-regulatory big-government free-market hating Socialist that he is, he is rather surprised to see those (like Cleland) who usually want the FCC kept at arms length begging the FCC to charge into the fray and extend its authority over Google, especially when such an expansion of authority would extend to network neutrality regulation as well.
benton.org/node/45316 | Tales of the Sausage Factory | Tales of the Sausage Factory
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TELEVISION/RADIO

NBC MANAGEMENT ANNOUNCEMENT IRKS REGULATORS
[SOURCE: New York Times, AUTHOR: Brian Stelter]
Comcast is still in negotiations with the government over its proposed takeover of NBC Universal, but that did not stop the cable company from announcing a new management slate for the entertainment giant last week. That announcement displeased regulators, according to two government officials with knowledge of the negotiations. In September, the companies said in a statement that they would make no further personnel announcements "until the deal-closing process and timing is certain." "For a deal this large, and one that hasn't been approved, Comcast's behavior is presumptuous and arrogant," one of the officials said. Those officials did not want to be identified commenting on the negotiations. But the episode encapsulates what seems to be the differing attitude of Comcast on one side, and the Federal Communications Commission and Justice Department on the other: Comcast believes the proposed merger is an all-but-foregone conclusion, while the government is saying "just hold on a minute."
benton.org/node/45321 | New York Times | NYTimes - Execs and plans for future
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ONLINE TV STREAMING UNDER FIRE
[SOURCE: Wall Street Journal, AUTHOR: Jessica Vascellaro, Sam Schechner]
In the latest cat-and-mouse game between media companies and technology start-ups threatening to undermine their businesses, the big networks are intensifying their fight to stop Internet services that stream TV stations online. Owners of the major broadcast-television networks are suing in federal court two start-up companies that stream broadcast TV stations online without their consent, arguing the start-ups are infringing on their copyrights. A judge in New York has scheduled a hearing Monday on the networks' request for a temporary restraining order against FilmOn.com Inc., while another case against Ivi Inc. could be heard in coming weeks. Ivi and FilmOn, which grab free over-the-air broadcast signals and convert them to online streams, are claiming their right to distribute the networks under a provision in the U.S. Copyright Act. Seattle-based Ivi is also arguing that Ivi isn't governed by a separate communications statute that requires cable and satellite companies to negotiate licenses with content owners before transmitting their networks. Media companies disagree, arguing the fledgling companies don't qualify as "cable systems" or "passive carriers" entitled to protections in the Copyright Act.
benton.org/node/45320 | Wall Street Journal
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BATTLE OVER NPR FUNDING
[SOURCE: Los Angeles Times, AUTHOR: James Rainey]
[Commentary] "Dignified" is not a word often associated with the wretches populating today's spluttering, hollering media. But it's a word that came to mind this week watching National Public Radio cope with the first in what will be a series of attacks on its government funding. Newly energized conservatives moved Thursday in the House of Representatives to limit payments to the public radio network, which they insist is a hotbed of left-wing political orthodoxy. They failed but will without question try again, as a Republican majority takes power next year. To what end? Apparently to satisfy an itch to lash out at menacing Eastern elites, to vanquish Big Government and to vindicate the righteousness of Juan Williams, sent packing last month by NPR for speaking intemperately about Muslims. Never mind that grants to public radio from the Corporation for Public Broadcasting, $94 million a year, amount to a rounding error, a tiny fraction of a fraction of the federal government's budget. Never mind that this week's action would have disproportionately harmed rural, small-town stations, not big-city powerhouses. Never mind that Williams (though terminated for no good reason, in my view) made an insignificant imprint on NPR's total news package. Moving NPR to the very top of the GOP cut list has much more to do with symbolism and bowing to an emboldened political base than with good government, impartial media or serving the average citizen. After all, the audience for public radio has grown 60% over the last decade. Forty million listeners now tune in each week.
benton.org/node/45318 | Los Angeles Times
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NEW JERSEY PUBLIC BROADCASTING
[SOURCE: Star-Ledger, AUTHOR: Peggy McGlone]
Public broadcasting heavy-hitters WNET, WHYY in Philadelphia and WNYC radio in New York are among the candidates being considered for prominent roles in a newly configured public broadcasting service that would replace the New Jersey Network. In the search for the right partner or partners to take over the service, Gov. Chris Christie (R-NJ) also may change his mind about transferring the radio and television licenses to a new entity and instead retain state ownership of them. This could increase the state's leverage in insisting the new operator remain focused on state issues. It is still unclear what shape this broadcasting alliance will take. Among the scenarios being considered are establishing two separate operations for radio and television, or keeping them together and allowing one entity to assume control over the transmission of the signals while a group of others would provide the programming. Still another calls for selling the radio licenses to WNYC and using the proceeds as seed money to build the television production, the officials said. These and other options will be discussed in Newark at a private meeting convened by four local foundations. Officials from the Fund for New Jersey, Geraldine R. Dodge Foundation and the Community Foundation of New Jersey have invited about 30 media experts, Christie officials, lawmakers and academics to discuss "the future of New Jersey public media."
benton.org/node/45267 | Star-Ledger
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SWEEPING RETRANS REFORM UNLIKELY
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
National Cable & Telecommunications Association CEO Kyle McSlarrow and Federal Communications Commission Media Bureau chief Bill Lake, speaking separately at the SNL Kagan Cable MSO Summit said cable operators shouldn't expect any meaningful changes to retransmission-consent regulations in the near term. Despite the hype surrounding retransmission, the FCC just doesn't have the power to change the law.
benton.org/node/45280 | Multichannel News
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CHEAPER CABLE AND A LA CARTE
[SOURCE: paidContent.org, AUTHOR: Andrew Wallenstein]
Smaller cable TV tiers are perched on the edge of a slippery slope that few ever want to go down: a la carte programming. Just that phrase is enough to make a cable executive freeze in his or her tracks, and a thousand-yard stare sets in. Memories of 2006, when the Federal Communications Commission fixated on the possibility of allowing consumers to choose their channels, trigger shivers up and down spines. That's because a la carte nearly became a reality despite protestations that it would destroy the business model that enriched the industry for so long. But a la carte is not the same thing as a discounted tier, you might say. True, but they're close enough. Consider the first question that will occur to any potential subscriber considering purchasing Essentials: Gee, what channels will I be getting? Then when they see what they are getting and not getting, the next natural question will be, well, why can't Time Warner Cable just let me order the channels I want? Shrinking the number of channels even at a reduced price prompts the consumer to be conscious of the very thing the operator would rather they not notice: the absurd ratio between the number of channels viewers get and what they actually watch. Bundling channels may be the foundation of the cable business model, but it's the bane of many consumers' monthly credit-card bill.
benton.org/node/45277 | paidContent.org
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MOBILE TV
[SOURCE: GigaOm, AUTHOR: Stacey Higginbotham]
The effort by broadcasters to bring free mobile television (kind of like a mobile phone version of a Sony WatchMan) continues with a group of 12 broadcasters announcing plans to upgrade TV stations in 20 markets so they can deliver live video to portable devices. The 12 are part of an effort dubbed the Mobile Content Venture, which seeks to deliver free, broadcast television content to specially equipped mobile devices. All of this will be done using spectrum owned by the broadcast companies for delivering over the air TV tuned to a standard pushed by the Open Mobile Video Coalition. With station upgrades by late 2011, the venture says it will deliver mobile video service in markets representing more than 40 percent of the US population. Service consisting of least two ad-supported free-to-consumer channels in each market will be available in the following markets: New York; Los Angeles; Chicago; Philadelphia; San Francisco; Dallas; Washington, D.C.; Atlanta; Houston; Detroit; Orlando, Tampa and West Palm Beach, Fla.; Phoenix, Ariz.; Minneapolis, Minn.; Portland, Ore.; Cincinnati, Ohio; Greenville, S.C.; Birmingham, Ala; and Knoxville, Tenn. In the meantime, the group is working with device makers to ensure its signals will reach those interested in the two-channel broadcast offering.
benton.org/node/45306 | GigaOm | paidContent.org
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NEW GOLDEN AGE
[SOURCE: TVNewsCheck, AUTHOR: Harry Jessell]
[Commentary] The announcement by the Mobile Content Venture that at least 40 NBC and Fox owned and operated television stations and affiliates will start broadcasting ad-supported mobile TV service next year is the first step in moving broadcast TV into what promises to be a revolutionary and profitable future. Now what's needed is for the networks to work out the copyright issues so that all stations can take all their network programing mobile. And perhaps now, the FCC will start to realize that there are more better ways to serve consumers and more efficient uses for TV spectrum than just handing it all over to broadband.
benton.org/node/45305 | TVNewsCheck
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CONTENT

COPYRIGHT POLICY AND THE INTERNET
[SOURCE: Public Knowledge, AUTHOR: ]
The Commerce Department should try to "reduce barriers to creativity and innovation" rather than "use its powers solely to explore ways to protect existing business models," Public Knowledge (PK), Electronic Frontier Foundation (EFF) and New America Foundation said in a Nov 19 filing. In in response to the agency's review of copyright and innovation policy in the Internet economy, the three groups said, "the Department should focus on finding ways to encourage more people to create and contribute. In addition to benefits, the costs of enforcement - both financial and in increased barriers to innovate - must be considered." Citing a number of specific policy and technical issues, the groups said primary tactics used by the content industry in their quest to protect their business models, suing users and proposing technological solutions, were not effective. They noted that, "at the height of the Recording Industry of America's (RIAA) litigation campaign in 2007 and 2008, various file-sharing venues reported stratospheric growth in visitors, searches, and software downloads." Such litigation has the risk of stifling growth of online services and forces consumers to settle cases because they can't afford not to. Similarly, technological solutions to prevent online infringement are ineffective at their assigned task and disruptive of legitimate activities, PK and EFF said. In addition, solutions such as filtering the data traffic of users "implicate significant privacy concerns," the groups said: "Because there is no way of knowing which unknown packets are infringing and which unknown packets are noninfringing, any filter must carefully examine all packets." The groups said the current notice-and-takedown system from the Digital Millennium Copyright Act was working, although it could be improved and that other solutions, such as a voluntary collective licensing system as used by ASCAP and BMI for traditionally recorded music, should be considered.
benton.org/node/45278 | Public Knowledge | PK blog
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MEDIA OWNERSHIP

CREDITORS UNCLEAR UNDER TRIBUNE PLANS
[SOURCE: Wall Street Journal, AUTHOR: Peg Brickley]
Trade creditors say "incomprehensible" Chapter 11 proposals from financial backers of Tribune Company have left them wondering about their prospects of getting paid when the media company exits bankruptcy protection. In a filing with the U.S. Bankruptcy Court in Wilmington, an informal group of trade creditors said it isn't happy with any of the four competing Chapter 11 plans for Tribune but would at least like a plain statement of how much they will get, and when, under each of the plans. The "when" could be the deciding point for Tribune suppliers, who have waited nearly two years to be paid. Tribune's quartet of Chapter 11 proposals all call for lawsuits to be filed after the company officially exits bankruptcy-court protection. In an effort to raise cash for creditors, the suits focus on the 2007 leveraged buyout that piled more than $8 billion in debt on Tribune. Depending on which of four plans is approved, the lawsuits could target company executives, lenders and advisers on the deal, and even major shareholders who cashed out. Tribune's trade suppliers want their money up front before the lawsuit machinery gets into gear. They can't tell if anyone is promising to give it to them, according to papers filed Thursday by the informal trade creditors' panel. The protest from the trade creditors comes in advance of a Nov. 29 court session in which a judge will review the explanations that the four Tribune Chapter 11 plan proponents want to send out to creditors.
benton.org/node/45319 | Wall Street Journal
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POLICYMAKERS

OPPOSITION FOR RUSH HEADING TELECOM SUBCOMMITTEE
[SOURCE: Wired, AUTHOR: Sam Gustin]
James Rucker, executive director of Color of Change, which has 800,000 online members, is asking House Speaker Nancy Pelosi (D-CA) to oppose the candidacy of Bobby Rush (D-IL), who is African-American, to become the ranking member on the House Subcommittee on Communications, Technology, and the Internet. "Congressman Rush has repeatedly supported the interests of the telecommunications industry over the interests of regular people, and has been a fierce opponent of network neutrality," Rucker said. "I have grave doubts that Congressman Rush is capable of being an honest broker on important telecommunications matters. AT&T, America's oldest and largest telecommunications company, has long been one of the largest donors to Congressman Rush's campaign committee and leadership PAC. In addition, from 2001 to 2004 the company donated $1 million to a community center Rush founded in Chicago ­ an off-the-books donation that could lead one to wonder about the prospect of quid pro quo regarding the Congressman and AT&T." During his congressional career, Rep Rush has received $78,964 from AT&T. The telecom giant is Rush's second largest career contributor, which is also true for the leading Republican candidate to run the committee, Rep Fred Upton (R-Michigan). Rush's other top donors include the National Cable and Telecommunications Association ($43,499), and Verizon ($42,000), according to the Center for Responsive Politics.
benton.org/node/45275 | Wired
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STORIES FROM ABROAD

STREET VIEW IN THE UK
[SOURCE: Bloomberg, AUTHOR: Erik Larson]
Google agreed to improve its handling of data to prevent a repeat of its Street View vehicles' accidental collection of information from wireless networks. Alan Eustace, senior vice president of engineering and research at Google, signed an agreement to improve training on security awareness to prevent such breaches, the Information Commissioner's Office said. "We will be keeping a close watch on the progress Google makes and will follow up with an extensive audit," Information Commissioner Christopher Graham said in the statement. "I am very pleased to have a firm commitment from Google."
benton.org/node/45301 | Bloomberg
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For NBC Sale, Tensions Rise in Washington

Comcast is still in negotiations with the government over its proposed takeover of NBC Universal, but that did not stop the cable company from announcing a new management slate for the entertainment giant last week. That announcement displeased regulators, according to two government officials with knowledge of the negotiations.

In September, the companies said in a statement that they would make no further personnel announcements "until the deal-closing process and timing is certain." "For a deal this large, and one that hasn't been approved, Comcast's behavior is presumptuous and arrogant," one of the officials said. Those officials did not want to be identified commenting on the negotiations. But the episode encapsulates what seems to be the differing attitude of Comcast on one side, and the Federal Communications Commission and Justice Department on the other: Comcast believes the proposed merger is an all-but-foregone conclusion, while the government is saying "just hold on a minute."

Online TV Streams Come Under Fire

In the latest cat-and-mouse game between media companies and technology start-ups threatening to undermine their businesses, the big networks are intensifying their fight to stop Internet services that stream TV stations online.

Owners of the major broadcast-television networks are suing in federal court two start-up companies that stream broadcast TV stations online without their consent, arguing the start-ups are infringing on their copyrights. A judge in New York has scheduled a hearing Nov 22 on the networks' request for a temporary restraining order against FilmOn.com Inc., while another case against Ivi Inc. could be heard in coming weeks.

Ivi and FilmOn, which grab free over-the-air broadcast signals and convert them to online streams, are claiming their right to distribute the networks under a provision in the U.S. Copyright Act. Seattle-based Ivi is also arguing that Ivi isn't governed by a separate communications statute that requires cable and satellite companies to negotiate licenses with content owners before transmitting their networks. Media companies disagree, arguing the fledgling companies don't qualify as "cable systems" or "passive carriers" entitled to protections in the Copyright Act.