December 2010

GOP decides two weeks on, one week off in shorter 2011 House schedule

House Republicans unveiled a 2011 schedule that will keep lawmakers in the nation’s capital for shorter periods of time, allowing them to travel home more frequently.

The schedule represents a major change from how Democrats have run the lower chamber over the last four years. Under the new calendar, House members will have a cycle of being in session for two weeks in Washington and then spending the following week in their home districts. Incoming House Majority Leader Eric Cantor (R-VA) said the new schedule would create “certainty” for members.

The House’s first day in the 112th Congress will be Jan. 5, well before President Obama delivers his State of the Union address. Usually, when the president’s party controls Congress, there is a relatively light legislative schedule before that speech. But with Republicans in control of the House next year, the plan is to hit the ground running next month. An exception to their two-weeks-in, one-week-out rotation will occur in January, when the House will be in session all month. Instead of the normal target adjournment date of Sept. 29 (aimed to coincide with the end of the fiscal year), Cantor expects the House to be in until Dec. 8. In prior Congresses, targeted adjournment dates in odd-number years were rarely met and regularly extended into December.

There will be a two-week recess in April, and the August recess will be scaled back to a little more than four weeks. The House is scheduled to adjourn Aug. 5 and return Sept. 7.

Data by the Bucket

As the mobile industry weighs the pros and cons of usage-based pricing, a new way for consumers to buy data service may be on the cusp of making an appearance. Sprint Nextel CEO Dan Hesse said that the “big development” in the mobile industry could come from carriers offering one data plan that could cover a number of devices. “Everybody in the industry is looking at it right now,” he said. Carriers are betting on data-hungry customers for future revenue, and consumers are obliging by starting to carry more than one device — smartphones, tablets, laptop cards — that require data plans. The flip side is carriers are simultaneously struggling with how to curb what they term “abuse” of their networks — enabled by unlimited data plans — by the small minority of heavy bandwidth users that cause congestion.

Consumers Union asks government to crack down on 'bill shock'

Consumers Union wrote to lawmakers and the Federal Communications Commission urging them to require wireless companies to alert customers before hitting them with hefty overage fees.

The letter references an article in the January issue of Consumer Reports that highlights how common it is for consumers to get surprise charges on their wireless bills. A September survey by the magazine found one out of five respondents reported receiving an unexpectedly high bill in the past year, half for at least $50. “The FCC needs to take action to ensure consumers are notified when they approach their usage limits. Consumers should consent to overage charges before being penalized,” said Consumers Union policy counsel Parul Desai. The letter also asks lawmakers and the FCC to consider addressing exclusive deals between smartphone makers and wireless firms that limit consumer choice, and also early termination fees that keep customers tied to their wireless firms for extended periods.

Peering problems: digging into the Comcast/Level 3 grudgematch

Is Comcast really trying to wreck the open Internet with a set of new tollbooths? Is Level 3 really trying to browbeat its way to a good deal?

Ever since the Comcast/Level 3 interconnection dispute broke wide open into public view last week, the accusations from both sides have been flying. Sorting out those accusations has been difficult, in part because it was just so hard to know, on a technical level, what exactly has been going on. Peering and transit issues can be notoriously complex but also murky, the details hidden behind nondisclosure agreements.

As the 2009 Annual Report (PDF) from the ATLAS Internet Observatory put it, such deals are "difficult to quantify due to NDA/commercial privacy." One upside of the dispute is that some of this secrecy has been lifted, and both sides have been unusually open with the press and with regulators about how they interact and what they believe to be at stake. If Level 3 is right, Comcast is trying to do nothing less than turn every Tier 1 network in the US into its customer, rather than the other way round. The result: a fundamental shift in network economics, and the beginning of an era in which the major ISPs start throwing their weight around, making it almost impossible for content companies to reach customers without paying each ISP an additional fee for direct network access. In this view, it's no coincidence that the big ISPs like Comcast, Verizon, and AT&T all operate content businesses of their own, including cable TV, video on demand, and IPTV.

If Comcast is right, Level 3 simply got in over its head and offered cut-rate pricing to Netflix in order to deliver the company's streaming video; now it needs to secure an unbelievable deal in order make the number work. More fundamentally, the entire controversy is a reminder that there are no hard-and-fast rules about network interconnection; indeed, the increasingly complex nature of these interconnection deals means that it's not always clear, even to the participants, who should be paying whom.

Kerry Asks Copps, Clyburn To Back Net Neutrality Compromise

Sen John Kerry (D-MA), the chairman of the Senate Communications Subcommittee, has called on Democratic Federal Communications Commission members Michael Copps and Mignon Clyburn to back the compromise network neutrality order proposed by FCC Chairman Julius Genachowski.

In a letter to the pair, Sen Kerry advises them to make the pragmatic call and accept "the good" over "the perfect," saying that is what he would do and pointing out that the FCC's two Republicans have said they will oppose the chairman's proposal, meaning the Democrats' votes will be necessary for approval. Commissioners Copps and Clyburn were both supportive of the chairman's original proposal to reclassify broadband access as a Title II service. After pushback from industry and Congress on that effort, Chairman Genachowski is proposing to stick with a Title I defense for expanding and codifying the FCC's network openness guidelines, which he has scheduled for a vote Dec. 21. Neither Commissioner Copps nor Commissioner Clyburn gave the compromise proposal a ringing endorsement.

FCC's Copps Isn't Committed On Net Neutrality

The critical swing vote that Federal Communications Commission Chairman Julius Genachowski needs from Democratic Commissioner Michael Copps later this month to adopt sweeping new rules for the Internet is not guaranteed.

Commissioner Copps has made no commitments to back the network neutrality initiative that Chairman Genachowski announced December 1, and could reject it if the final version doesn't sufficiently protect consumers and smaller players. Commissioner Copps, a longtime consumer advocate who has been at the FCC since 2001, is signaling that his vote won't come cheap on this historic proposal, which would have lasting implications for the Internet.

Fox News Channel boss caught slanting news reporting

At the height of the health care reform debate last fall, Bill Sammon, Fox News' Washington managing editor, sent a memo directing his network's journalists not to use the phrase "public option." Instead, Sammon wrote, Fox's reporters should use "government option" and similar phrases -- wording that a top Republican pollster had recommended in order to turn public opinion against the Democrats' reform efforts.

Journalists on the network's flagship news program, Special Report with Bret Baier, appear to have followed Sammon's directive in reporting on health care reform. Sources familiar with the situation in Fox's Washington bureau say that Sammon uses his position as managing editor to "slant" Fox's supposedly neutral news coverage to the right. Sammon's "government option" email is the clearest evidence yet that Sammon is aggressively pushing Fox's reporting to the right -- in this case by issuing written orders to his staff.

Leslie Nielsen and WikiLeaks Lead Blogosphere

The raging controversy over the leak of classified State Department cables generated major attention in both the blogosphere and Twitter last week.

The responses highlight the differing emphases of bloggers and Twitter users. For the week of November 29-December 3, fully 16% of the news links on blogs and 24% on Twitter were about WikiLeaks, according to the New Media Index from the Pew Research Center’s Project for Excellence in Journalism. That made it the No. 2 topic on both blogs and Twitter. Attention among social media users even tracked closely with that of the mainstream press, where the topic also ranked No. 2 last week, according to PEJ’s News Coverage Index, at 16% of the newshole. Bloggers responded to a number of stories about WikiLeaks last week. But the one linked-to most often was a November 29 Washington Post column by Marc Thiessen. In the column, Thiessen accused the Obama administration of failing to stop the release of the documents and offering a weak response once they went public.

Upton Pledges to end "Two-Year Assault" on Telecom

The next House Commerce Committee Chairman, Fred Upton (R-MI), has a history of involvement in telecom policy, including a long tenure on the Commerce Committee’s telecom subcommittee. Among other things, he has introduced legislation to enable telcos to obtain a nationwide cable franchise and to give the Federal Trade Commission the authority to implement and enforce a national Do-Not-Call registry.

In a recent statement, Rep Upton accused the Obama Administration of an “unfettered two-year assault” on the telecommunications sector (along with health and energy) and said that period “is now over.” Those comments may have been a reference to network neutrality, which has been widely opposed by communications carriers. But it is more difficult to read into his comments what he might be thinking about Universal Service reform. Perhaps Rep Upton would include reforms proposed in the National Broadband Plan in what he called the “assault on the telecommunications sector.” On the other hand, he has previously expressed concerns about the increasing costs of the Universal Service fund, which could make it unlikely for him to support expanding the Universal Service program to cover the higher broadband speeds as small telcos have advocated. In his statement, Rep Upton reiterated his desire to control costs, saying “We will stand firm in our fight to . . . cut reckless spending.”

The Future of Media Gradually Coming Into Focus

[Commentary] We're at the beginning of what promises to be a very exciting chapter in the transformation of the media industry. Recent efforts seem to be moving in the same direction: To create and curate quality content on multiple platforms with multiple revenue streams.

Newsrooms of the future are likely to be built around the topics they cover (Wall Street, Sports, New York City) instead of the medium they are in (newspapers, television, radio) because they will likely have to transcend any one medium and distribute on several so they can highlight their strength of coverage of their particular subject matter and bring in the revenue they need to support a healthy news organization. What we are now seeing is a two-pronged attack: how to reach consumers on the new platform and how to charge for content, or find another business model, on all platforms. Trying to charge for content that has been given out for free, however, has the feel of putting the genie back into the bottle…it’s just not going to happen easily.

[Larry Kramer is an adjunct professor of Media Management at the Newhouse School of Communications at Syracuse University.]