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December 2010

Preserving Internet Freedom and Openness

On Nov 30, Federal Communications Commission Julius Genachowski circulated to the other FCC commissioners draft rules of the road to preserve the freedom and openness of the Internet.

"This framework," he said, "would advance a set of core goals: It would ensure that the Internet remains a powerful platform for innovation and job creation; it would empower consumers and entrepreneurs; it would protect free expression; it would increase certainty in the marketplace, and spur investment both at the edge and in the core of our broadband networks."

The proposal has five elements:

  1. A transparency obligation to ensure consumers and innovators have a right to know basic information about broadband service, like how networks are being managed,
  2. A prohibition on blocking lawful content, applications, services, and the connection of non-harmful devices to the network to guarantee the rights of consumers and innovators to send and receive lawful Internet traffic -- to go where they want and say what they want online, and to use the devices of their choice,
  3. A bar on unreasonable discrimination in transmitting lawful network traffic to ensure no central authority, public or private, should have the power to pick which ideas or companies win or lose on the Internet,
  4. Network management flexibility would allow network providers to deal with traffic that's harmful to the network or unwanted by users, and to address the effects of congestion, and
  5. Modified rules for wireless -- including transparency and a basic no blocking rule coupled with close FCC monitoring of the mobile broadband market.

Chairman Genachowski said the rules would be grounded in a variety of provisions of the communications laws, but would not reclassify broadband as a Title II telecommunications service.

Reaction to Genachowski's New Network Neutrality Proposal

Reaction to Federal Communications Commission Chairman's latest network neutrality proposal was swift and came from many corners.

Aneesh Chopra, the United States' Chief Technology Officer, said, "President Obama is strongly committed to net neutrality in order to keep an open Internet that fosters investment, innovation, consumer choice, and free speech. The announced action by FCC Chairman Genachowski, building on the work of Chairman Waxman's collaborative effort to craft legislation in this area, advances this important policy priority. We recognize that this announcement reflects a significant amount of effort on the part of numerous broadband providers, Internet applications developers, content providers, consumer groups, and others to finding a thoughtful and effective approach to this issue. Today's announcement is an important step in preventing abuses and continuing to advance the Internet as an engine of productivity growth and innovation."

The announcement, FCC Commissioner Michael Copps noted, is the beginning of an important discussion, not the end. He said he'd work with stakeholders over the next three weeks to help decide who will control access to the online experiences of consumers-consumers themselves or Big Phone and Big Cable gatekeepers."

FCC Commissioner Robert McDowell issued a harsh reaction to the proposal saying, "By choosing this highly interventionist course, the Commission is ignoring the will of the elected representatives of the American people." Addressing Chairman Genachowski's work to reach consensus on the proposal with industry representatives, Commissioner McDowell said, "[A] "choice" between a bad option (Title I Internet regulation) or a worse option (regulating the Internet like a monopoly phone company under Title II) smacks more of coercion than consensus or compromise."

FCC Commissioner Mignon Clyburn said, "I am anxious to begin my review of the Chairman’s agenda meeting item that seeks to preserve an open and free Internet. We have been discussing this matter for some time, and I am glad that the dialogue has developed into a draft Order so that the Commission can further deliberate and decide this important issue. The Internet is a crucial American marketplace, and I believe that it is appropriate for the FCC to safeguard it pursuant to our duties and obligations. As noted by the Chairman in his remarks this morning, clear rules of road are absolutely necessary for consumers to be protected and for broadband providers and other users of the Internet to be able to further innovate and invest."

FCC Commissioner Meredith Baker called the proposal a mistake saying, "We do not have authority to act. The new majority of the House Committee on Energy and Commerce has asked the Commission not to circulate this Order, and a clear majority of all Members of Congress has expressed concern with our Internet policies. Whether the Internet should be regulated is a decision best left to the directly elected representatives of the American people." She urged the FCC to defer on the network neutrality question until after Congress has weighed in.

Sen Kay Bailey Hutchison (R-TX) urged the FCC to drop the proposal. "I am especially troubled that this action would occur without Congressional input and before the new members of Congress have been sworn in," she said, adding that voters "repudiated this type of government expansion on Nov. 2."

"An explicit ban on paid prioritization is needed to retain the ability of all Internet users to communicate and compete on a level playing field, preventing the emergence of fast and slow lanes that have been contrary to the nature of the Internet since its creation," said Rep Ed Markey (D-MA). "Additionally, a common policy framework for wireless and wireline broadband services should be a core component of the final open Internet order so that consumer protections are not determined by whether a user accesses the Internet via a fixed or mobile connection. It is essential that the Commission has the authority necessary to enforce the elements of its order. While I support the reclassification of broadband Internet access services under Title II, I look forward to further details and discussion about how the Commission proposes to ensure that it is on solid legal footing without such reclassification."

"The relentless push towards net neutrality reveals this administration and the FCC remain tone deaf to the will of the American people," said Rep Fred Upton ( R-MI), who is running for the chairmanship of the powerful House Energy & Commerce Committee, which oversees the FCC. "First it was cap-and-trade, then health care, and now they have launched an all out assault to regulate the Internet. We have all grown sick and tired of the Chicago-style politics to ram through job-killing measures at any cost, regardless of the consequences or damage to our economy. Rather than put a gun to the heads of our largest economic engines, now is the time for the FCC to cease and desist. The FCC does not have authority to regulate the Internet, and pursuing net neutrality through Title I or reclassification is wholly unacceptable. Our new majority will use rigorous oversight, hearings and legislation to fight the FCC's overt power grab."

Rep. Joe Barton (R-TX), ranking member of the Energy & Commerce Committee joined with Rep Cliff Stearns (R-FL), ranking member of the Communications Subcommittee in a letter praising Genachowski for "abandoning" a proposal to reclassify broadband under Title II common carrier regs. But they still suggested that the should leave it up to Congress to clarify its broadband regulatory authority. "There are questions as to the FCC's statutory authority to adopt these rules under Title I. The D.C. Circuit ruled in its April 2010 Comcast decision that the FCC had failed to demonstrate authority under Title I to regulate Internet network management," they wrote. "We therefore write to request your analysis of the FCC's authority under Title I to issue the proposed rule. In the absence of clear authority, the FCC should defer to Congress in this matter." They were looking for an answer by Dec. 10.

"Advocates of network neutrality will be disappointed the FCC isn’t going forward with “reclassification” of broadband access as a regulated telecommunications service," said Prof Kevin Werbach, "while many Republicans and network operators will complain about a “power grab” to “regulate the Internet” even after Democratic losses in the midterm elections. Both should put aside their ideologies and look realistically at the situation. Don’t let the perfect be the enemy of the good. If you believe in the need to protect the open Internet, this is the realistic way forward, and it could lay the groundwork for other steps if necessary in the future. If you see network neutrality as a dangerous drag on Internet investment, this is the realistic way to remove that regulatory overhang. Kill this proposal, and it’s hard to envision anything but years of further uncertainty, most likely ending with a worse compromise down the road. I don’t love it either, but I’m a realist. The fate of network neutrality will hinge not on the FCC’s rhetoric, but on its implementation. There can’t be implementation without an order. And I can’t see any other order making it through in the current environment."

"As the founder of Craigslist and a passionate believer in the economic and social benefits of an open and free Internet, I proudly endorse the Chairman's historic efforts to protect these important principles in our society," said Craig Newmark. "Common-sense rules of the road will help ensure certainty in markets while also preserving the openness and freedom of the Internet that has helped generate millions of jobs and share billions of ideas around the world. To clarify, I'm interested in preserving traditional American values like fairness and a level-playing, with the least amount of government involvement."

Tyrone Brown, President of Media Access Project, said, "MAP is very disappointed at initial reports about the Chairman’s proposal. Open Internet rules must include a basis for extending service to those not now covered, full application to wireless, protection against all efforts to block or degrade Internet access, and enforceable rules rather than an ad hoc complaint-based process. Most importantly, it appears that the Chairman does not contemplate invoking the Commission’s ‘Title II’ authority to ensure that the rules will withstand judicial review. MAP will work with the Commission to achieve these objectives; anything less will be checkmate by the phone and cable companies."

Free Press President and CEO Josh Silver raised a number of concerns about how the rules would apply to wireless broadband and specialized services. Free Press also favored a legal grounding in Title II of the Communications Act. He said, "Now is the moment for forward-looking, visionary policymaking, not half-measures and convoluted compromises with the companies trying to kill the free and open Internet. We look forward to working with the FCC Chairman and the full Commission to ensure that the agency passes real Net Neutrality rules that will protect the open Internet, promote competition and benefit all Internet users."

The Open Internet Coalition, which was a party to talks at the FCC on a compromise net neutrality, said it supported "circulation" of the item, but called it a "first step" and said it would work with the chairman and commissioners "as they review this proposed order to ensure that the final order achieves the president's goals."

Gigi B. Sohn, president and co-founder of Public Knowledge, said: “We commend the Federal Communications Commission for tentatively putting open Internet rules on the agenda for the Dec. 21 Commission meeting and for, we expect, circulating a draft order. As Comcast’s recent actions have shown, such rules are urgently needed. Public Knowledge looks forward to working with the Commission to strengthen the order so that consumers and the vitality of the Internet are protected. The FCC has not circulated an order with regard to the chairman’s ‘Third Way’ proposal which would have reversed the Commission’s 2002 decision to deregulate broadband access service. The ‘Third Way’ would establish a firmer legal foundation, not only for open Internet rules but also for broadband policy generally. We urge the Commission to conclude the proceeding and adopt the ‘Third Way’ proposal at a future meeting.”

Sascha Meinrath, Director of the New America Foundation's Open Technology Initiative, said, "Initial reports on the proposal indicate that it mirrors AT&T's positions at the literal expense of the general public. In their current form, the rules would allow wireless providers to continue to block consumer's access to lawful applications, content, and devices; open the door to a 'pay to play' Internet where providers would create toll roads to prioritize the traffic of the largest and richest media conglomerates and content companies; and, permit all broadband providers to block consumer's access to applications and content they deem unwanted or harmful under the guise of 'reasonable network management.' Lastly, the Chairman's abandonment of the certainty provided by Title II authority, all but guarantees that the proposed rules would not withstand a judicial challenge. Without fundamental changes to the current order, the Chairman's proposal will be a great victory for the largest telecom corporations and a sound defeat for those working to support innovation and the economic vibrancy that an open Internet facilitates. The New America Foundation is hopeful that the Chairman's office and Commissioners that support open Internet rules will develop a final order that uphold the FCC's responsibility to protect consumers and Internet freedom."

Wireless industry lobbying group CTIA said, "Although we have not seen the specific language of the Chairman’s proposal, in his remarks, Chairman Genachowski emphasized the appropriateness of recognizing differences between fixed and mobile broadband. While we maintain our belief that any action in this area is unnecessary in the dynamic and rapidly evolving wireless environment, we understand and are pleased that the proposed rules have moved away from broad Title II regulation and toward a more tailored approach that recognizes the unique nature of wireless services. The wireless ecosystem moves at a startling pace, and if new rules are adopted, they should be reviewed in two years."

Information Technology and Innovation Foundation Senior Research Analyst Richard Bennett said, "We believe the Chairman’s plan will be broadly supported, and for good reasons. We also believe the plan will help tamp down the often acrimonious controversy over how to best oversee the development of the Internet, establish regulatory clarity, and promote investment in faster and more pervasive broadband networks."

Casey Rae-Hunter, Communications Director and Policy Strategist for Future of Music Coalition, said, "The two things that are most important to today’s musicians and creative entrepreneurs are innovation and access. Today’s announcement from Chairman Genachowski is an important step towards preserving that dynamic on the internet."

National Cable and Telecommunications Association President Kyle McSlarrow said that negotiations over the last sixmonths "produced a rough consensus on a number of points, which we believe are reflected in the order circulated today." The proposal is: 1) grounded within the framework of Title I, 2) basically codifies a code of conduct and commitments made by our industry five years ago, 3) adds a discrimination principle based on a “reasonableness” standard, and 4) adds a transparency rule that NCTA believes can be helpful in aiding customer choice. NCTA also notes that the rules will not and should not result in price regulation and to recognize the value of flexible business models such as usage based pricing.

"We appreciate the Chairman’s prudent decision to rely on the Commission’s Title I authority, rather than Title II, in promulgating consumer protection standards that are consistent with the way we conduct our businesses today, that parallel the Internet freedoms that Americans currently enjoy, and that lie largely within the narrow parameters of the legislative proposal developed earlier this year by House Energy & Commerce Committee Chairman Henry Waxman," said USTelecom President & CEO Walter B. McCormick Jr.

Proposed FCC Net Rules Would Cripple Video Consumption

Federal Communications Commission Chairman Julius Genachowski's network neutrality proposal includes a big red flag that could seriously impact video consumption on digital platforms: usage-based pricing (USP).

UBP is, of course, a euphemism for metering; the more content you consume, the more you pay. Given that video is far and away the most bandwidth-intensive data in the pipeline, any application that uses it is going to become more expensive. Think of all the offerings UBP is going to shake up: streaming of films and TV series (Netflix, iTunes), video chat (Skype), live video (UStream). Phone and cable companies have clamored for UBP for a while, and experimented with variations on the model in recent years, most notably AT&T. And there’s no question they were going to have to head in this direction or risk losing control of their networks. But ISPs are going to have to be really careful how they price metered plans if Genachowski’s proposal makes it through.

Protecting Consumer Privacy in an Era of Rapid Change

The Federal Trade Commission issued a preliminary staff report that proposes a framework to balance the privacy interests of consumers with innovation that relies on consumer information to develop beneficial new products and services. The proposed report also suggests implementation of a “Do Not Track” mechanism – likely a persistent setting on consumers’ browsers – so consumers can choose whether to allow the collection of data regarding their online searching and browsing activities.

The report states that industry efforts to address privacy through self-regulation “have been too slow, and up to now have failed to provide adequate and meaningful protection.” The framework outlined in the report is designed to reduce the burdens on consumers and businesses. To reduce the burden on consumers and ensure basic privacy protections, the report first recommends that “companies should adopt a ‘privacy by design’ approach by building privacy protections into their everyday business practices.” Such protections include reasonable security for consumer data, limited collection and retention of such data, and reasonable procedures to promote data accuracy. Companies also should implement and enforce procedurally sound privacy practices throughout their organizations, including assigning personnel to oversee privacy issues, training employees, and conducting privacy reviews for new products and services.

Second, the report states, consumers should be presented with choice about collection and sharing of their data at the time and in the context in which they are making decisions – not after having to read long, complicated disclosures that they often cannot find. The report adds that, to simplify choice for both consumers and businesses, companies should not have to seek consent for certain commonly accepted practices. It is “reasonable for companies to engage in certain practices – namely, product and service fulfillment, internal operations such as improving services offered, fraud prevention, legal compliance, and first-party marketing,” the report states. “By clarifying those practices for which consumer consent is unnecessary, companies will be able to streamline their communications with consumers, reducing the burden and confusion on consumers and businesses alike.”


New America Foundation, Rutgers University School of Law - Camden's Institute for Information Policy and Law, and Georgia State University's Department of Communication
Wednesday, December 8, 2010
1:00 p.m. - 4:15 p.m.

In an increasingly digital media landscape, people across the globe are relating to their news outlets in new ways. The missions of media producers are changing, as technological innovations reshape news networks into communities. The assumption is that U.S. public media institutions and international broadcasters are also transforming themselves to serve the emerging public interests in media. How should these institutions be changing to meet the needs of audiences that expect to engage in news and information, not just passively receive it? And even amid the current explosion of information, it is clear that there are information gaps. Is foreign coverage one of them?

The event will begin with a conversation between Lee Bollinger, President of Columbia University and Susan Glasser, Editor-in-Chief of Foreign Policy. Please join us as we explore these issues with an eye to the future of public service media both domestically and with respect to the international broadcasting arena.

1:00 pm to 1:05 pm -Introduction
Tom Glaisyer
Knight Media Policy Fellow
New America Foundation

1:05 pm to 1:30 pm - Opening Conversation
Lee Bollinger
President, Columbia University

Susan Glasser
Editor-in-Chief, Foreign Policy

1:35 pm to 2:35 - Panel 1: International Broadcasting, Public Media, and the News Gap: Mission and Market Gaps
Panelists

Rena Golden
Former Senior Vice President
CNN International and CNN.com

Tamara Gould
Vice President of Distribution
ITVS

Alisa Miller
President and CEO
Public Radio International

Steve Redisch
Executive Editor
Voice of America

Moderator
Assistant Professor Shawn Powers
Georgia State University

2:40 pm to 3:00 pm - Q&A Session

Michael Meehan
Board Member
Broadcasting Board of Governors

Dana Perino
Board Member
Broadcasting Board of Governors

3:05 pm to 4:05 pm - Panel 2: New Roles for International Broadcasting, and Public Media: Curation and Engagement
Panelists

Assistant Professor Heather Chaplin
The New School
Author, SmartBomb

Beth Curley
President and CEO
Nashville Public Television

Ben Scott (invited)
Advisor for Innovation
U.S. Department of State

Jason Seiken
Senior Vice President, Product Development and Innovation
PBS

Ivan Sigal
Executive Director
Global Voices

Moderator
Professor Ellen Goodman
Rutgers University School of Law, Camden

4:10 pm to 4:15 pm - Wrap-up Remarks

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

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.


December 1, 2010 (Network neutrality proposal expected today)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, DECEMBER 1, 2010

Today's agenda includes a Competitiveness Strategy and Technology and Civic participation http://bit.ly/gV9jNx


FCC MEETING RECAP
   FCC Seeks Info on Comcast-Level 3 Dispute
   FCC Proposals to Boost Spectrum Research and Spectrum-Efficient Wireless Technologies
   FCC Proposes Initial Steps to Open TV Spectrum to New Wireless Broadband Services
   Rep Markey Plans To Introduce Legislation Next Year To Help FCC Meet Broadband Goals
   Grant TV Stations More Spectrum Freedom

INTERNET/BROADBAND
   FCC Chairman Sets Broadband Regulation Framework
   Models for the Internet's Future: Obama-Open or Julius-Closed
   Senators push FCC to vote on network neutrality in 2010
   Rep Blackburn Makes Pre-emptive Attack on FCC Network Neutrality Order
   Netflix is a bandwidth hog. Who will pay?
   Verizon, AT&T split on approach to FCC
   Most Business Have Broadband, No Plans to Upgrade, Survey Finds
   Google Set to Launch E-Book Venture

MEDIA OWNERSHIP
   Bad Timing: Comcast, Netflix, NN, Cable Modems, and NBCU
   Comcast Busted: New Tolls for Netflix Aren't All You Should Worry About
   Consumers Union Steps Up Opposition to Comcast-NBCU Deal
   See also:Comcast/NBC: Don't Make Consumers the Biggest Losers
   Comcast: National Networks Should Not Be Part Of Arbitration Regime
   Google Gambit for Groupon Raises Concern
   Judge in Tribune bankruptcy being pushed to his limits

TELECOM
   Improved Management Can Enhance FCC Decision Making for the Universal Service Fund Low-Income Program
   Visa to Use Your Phone's Location to Prevent Credit Card Fraud
   Apple takes on Nokia at trade commission

CONTENT
   Amazon charges Kindle users for free Project Gutenberg e-books
   Fantasy and reality in intellectual property policy
   Museums shouldn't bow to censorship of any kind

TELEVISION
   Congress Is Moving Against LOUD Ads
   PBS lineup moves to KOCE-TV in Los Angeles

POLICYMAKERS
   New Jersey Governor Is a YouTube Star

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FCC MEETING RECAP

FCC SEEKS MORE COMCAST-LEVEL 3 INFO
[SOURCE: Wall Street Journal, AUTHOR: Amy Schatz]
Federal Communications Commission Chairman Julius Genachowski
said he wants more information about a complaint lodged Nov 29 by Level 3 against Comcast over fees the broadband provider is charging Level 3 for streaming movies over its network. "It would be premature to comment on it without knowing what the facts are. We're looking into it. The staff is looking into it," Chairman Genachowski said. Level 3 hasn't filed a formal complaint with the agency yet, however the FCC doesn't need a complaint to look into the issue. Comcast is willing to have the FCC oversee negotiations with Level 3 Communications to resolve their dispute over Internet interconnection fees. "[W]e have not given up hope that Level 3 will make a reasonable business decision in the context of the parties' overall commercial relationship... Commercial resolution is the appropriate path forward here," Comcast said in an ex parte filing with the FCC. "Nevertheless, if we are unable to resolve the issues satisfactorily in these conversations, we would be pleased to participate in a meeting between the parties overseen by and with the participation of Commission staff if that will facilitate a better understanding of the matters at issue," Comcast said. Comcast said the large increase in the amount of traffic Level 3 wants to send to Comcast's network on a "peering" basis -- about twice previous levels -- would throw traffic between the two networks grossly out of balance. As such, Comcast asked Level 3 to enter into commercial negotiations to achieve a solution that accounts for this new and significant traffic imbalance. "What Level 3 is suddenly pushing -- a ‘new theory' of peering -- would throw the traditional, ‘balanced traffic' peering rulebook out the window, give Level 3 an unfair cost advantage over its competitors, and shift all of the costs from Level 3 and its content customers onto Comcast and its high-speed Internet customers," Comcast said in the filing. Previously Comcast and Level 3 exchanged Internet traffic as part of a commercial interconnection agreement, under which Comcast paid Level 3 for interconnection facilities, according to the MSO. Although Comcast terminated more of Level 3's traffic than vice versa, that was well within the industry's established bounds for "roughly balanced" traffic and they exchanged their on-net traffic on a settlement-free basis, Comcast said. The investment firm Stifel Nicolaus said Tuesday that a dispute involving a new fee Level 3 says Comcast has imposed for transmitting online movies and other content could hamper Comcast's push to gain regulatory approval by the end of the year for its merger with NBC Universal.
benton.org/node/45554 | Wall Street Journal | Multichannel News | National Journal
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FCC LAUNCHES TWO SPECTRUM PROCEEDINGS
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission launched two proceedings designed to promote investment and create jobs in developing innovative spectrum-efficient technologies and services to help meet the growing demand for wireless broadband services.
The first action is a Notice of Proposed Rulemaking that seeks to expand the FCC's existing Experimental Radio Service rules to promote cutting-edge research and foster development of new wireless technologies, devices, and applications. Specifically, the FCC proposed a new type of license, called a "program license," which would give qualified entities broad authority to conduct research without the need to seek new approval for each individual experiment.
The FCC proposed three types of program licenses:
Research license: This would allow universities, laboratories, and other qualified research institutions to conduct experiments over a wide variety of frequencies and other operating parameters.
Innovation Zone license: This would identify discrete geographic areas -- generally relatively remote locations -- where researchers could conduct a wide range of experiments.
Medical license: This would allow medical institutions to innovate and develop new devices that can save lives, have a significant impact on reducing medical costs for consumers, and provide new treatment options for wounded service men and women.
The FCC also proposed ways to streamline and clarify the existing rules that support conventional experimentation. Among other things, these changes would expand opportunities for researchers and manufacturers to conduct market trials as part of product development.
The second action is a Notice of Inquiry to promote wireless innovation by examining how "dynamic access" radios and techniques -- which use technology to squeeze the most use out of available spectrum -- can provide more intensive and efficient use of spectrum. The Commission seeks comment on how to advance these technologies, whether by creating test-beds or modifying spectrum management practices and policies for future uses of both licensed and unlicensed devices and services.
The Notice of Inquiry specifically seeks feedback on the usefulness of the model recently adopted for television white spaces devices for providing access to other spectrum bands. The FCC also asks whether spectrum sensing is, or could become, a viable technology for providing dynamic access in certain frequency bands. The NOI seeks comment on whether dynamic access technologies and techniques can be used in conjunction with current FCC secondary market policies to increase spectrum use. Finally, the NOI asks whether the FCC's "Spectrum Dashboard" could be enhanced to better utilize the potential of dynamic access technologies. The Spectrum Dashboard tracks how spectrum licenses are used around the country and the availability of spectrum locally.
benton.org/node/45552 | Federal Communications Commission | Chairman Genachowski
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BROADCAST TV TO WIRELESS BROADBAND PROCEEDING
[SOURCE: Federal Communications Commission, AUTHOR: ]
In a Notice of Proposed Rulemaking, the Federal Communications Commission suggested making more efficient use of the nation's airwaves and set the stage for voluntary broadcast spectrum auctions that could provide consumers with the robust mobile broadband services they demand while preserving over-the-air TV that many rely upon. The resulting efficient use of airwaves will help ensure that America leads the global wireless revolution and enjoys the resulting jobs and economic growth.
Specifically, the NPRM proposes that wireless broadband providers have equal access to television broadcast frequencies that could become available in spectrum auctions. The Notice seeks comment on establishing new allocations for both fixed and mobile wireless services in the TV broadcast bands. The Notice also explores enabling TV stations to voluntarily combine their operations and distinct programming lineups on a single TV channel. The Notice requests comment on the proposed rules that would enable TV broadcasters to opt to share channels by further tapping the technical capabilities that became available following the nation's historic transition to digital television in 2009. Finally, the Notice of Proposed Rulemaking seeks comment on steps that would improve TV reception on the VHF channels (2-13), such as by increasing transmitting power and establishing minimum performance standards for indoor antennas. These improvements could provide better VHF reception for consumers and encourage broadcasters to use valuable VHF channels in the future. The proposals in the rulemaking will pave the way for future actions that will propose service, licensing and auction rules for new broadband service operators to utilize voluntarily vacated TV spectrum.
benton.org/node/45551 | Federal Communications Commission | Chairman Genachowski | Commissioner Copps | Commissioner Clyburn | Commissioner Baker | TVNewsCheck | www.broadcastingcable.com
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HILL, INDUSTRY REACTION
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
Hill and industry reaction followed quickly on the heels of the Federal Communications Commission's unanimous vote to pave the way for reclaiming and repurposing broadcast spectrum for broadband use. Rep Ed Markey (D-MA) said in a statement that he was going to introduce legislation next year to help the FCC meet its broadband plan goal of freeing up 300 MHZ for broadband within five years and 500 within 10 years. That plan requires congressional action to approve incentive auctions to compensate broadcasters for moving off spectrum.
Public Knowledge's Harold Feld said, "We commend the Federal Communications Commission (FCC) for its actions this morning on spectrum policy. Together, they show the willingness to make certain that all options are being considered, from auctions to leasing spectrum to use of unlicensed spectrum. The Commission’s actions will facilitate imaginative, new and innovative approaches to making more efficient use of spectrum, which will lead to increased benefits to consumers."
"[The National Association of broadcasters] has no quarrel with incentive auctions that are truly voluntary," said NAB president Gordon Smith. "Going forward, we believe policymakers have an obligation to maintain digital TV services currently provided by broadcasters and to allow free TV viewers to benefit from DTV video innovations. NAB will oppose government-mandated signal strength degradations or limitations, and new spectrum taxes that threaten the future of free and local."
"CTIA and its members look forward to working with the FCC, Congress and all stakeholders to ensure that significant amounts of broadcast spectrum are made available for auction," said CTIA: The Wireless Association president Steve Largent. "Bringing this spectrum to market will allow our members to bid for the right to purchase it, resulting in billions of dollars for the U.S. Treasury and enabling the wireless industry to continue to invest and fuel our ‘virtuous cycle' of innovation and competition."
benton.org/node/45549 | Multichannel News | Public Knowledge | NAB | CTIA
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SPECTRUM FREEDOM FOR TV
[SOURCE: TVNewsCheck, AUTHOR: Peter Tannenwald]
[Commentary] Federal Communications Commission Chairman Julius Genachowski has demonstrated exceptionally energetic devotion to increasing the availability of broadband. But his perceptions of the need for broadband and how to meet it are both misguided and backward-looking. The value of broadband in education, health care and economic growth is obvious. But it does not follow that all broadband must be wireless or that TV service must be curtailed, stifling innovations like HD, multiple streams and 3D. If the seemingly insatiable appetite for wireless services can be met with a finite amount of spectrum, the only effective way will be by removing technical constraints, allowing a mixed broadcasting and broadband service to evolve. Freeing broadcasters from the constraints of the ATSC digital standard can be done now, without legislation, and will produce a much faster and more effective broadband result than any spectrum “repurposing” plan. The question is not whether spectrum should be used for broadband or broadcasting but whether the FCC will allow it to be used for broadband and broadcasting.
benton.org/node/45538 | TVNewsCheck
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INTERNET/BROADBAND

NETWORK NEUTRALITY PROPOSAL EXPECTED TODAY
[SOURCE: New York Times, AUTHOR: Edward Wyatt]
Federal Communications Commission Chairman Julius Genachowski is expected today to outline a framework for broadband Internet service that forbids both wired and wireless Internet service providers from blocking lawful content. But the proposal would allow broadband providers to charge consumers different rates for different levels of service. Chairman Genachowski has decided not to use the FCC’s telephone regulatory powers to govern broadband Internet service, a move that he proposed in May that would potentially open Internet service to heavier government regulation. His proposal would also allow broadband providers to manage their networks to limit congestion or harmful traffic. The framework will form the basis for a proposed order scheduled to be voted on during the FCC’s Dec. 21 meeting. Chairman Genachowski says he believes he has the legal authority to act because he argues that his plan would help spread broadband service more widely across the country, a priority that Congress has established as one of the FCC’s mandates. It is not clear whether the latest proposal will garner the support of the majority of the five-person commission.
benton.org/node/45573 | New York Times | Washington Post | The Hill | ars technica | Public Knowledge
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NETWORK NEUTRALITY MODELS
[SOURCE: The Huffington Post, AUTHOR: Marvin Ammori]
[Commentary] Apparently before the year is out, on Dec. 21, the Federal Communications Commission will issue rules to help shape the future of the Internet. These rules will decide how much control AT&T, Verizon, and Comcast will have over the websites you can visit and the online software you can use. This rule will impact the future of businesses, political actors, and people who now rely on an uncontrolled, open Internet. There are at least two competing regulatory models for the FCC to adopt. One is a model being pushed by AT&T and Verizon -- also known as key opponents of network neutrality. This model derives from an attempted compromise offer from Congressman Henry Waxman to congressional Republicans. The proposal, never introduced, failed to gain Republican support -- but the FCC Chairman does not need congressional Republican support on a Commission that is majority Democrat. AT&T has been meeting repeatedly with top FCC staff to push this option, after spending five years and hundreds of millions in lobbying fees to oppose real network neutrality protections. The other model comes from an agency controlled by President Obama, called the NTIA (or National Telecommunications and Information Administration), which is less well known than the FCC, an "independent" agency not under the president's direct control. Early in this administration, the Obama NTIA implemented tough rules to ensure Internet freedom on all private Internet networks under that agency's jurisdiction -- those networks were those receiving even a penny of stimulus money under the NTIA stimulus program.
benton.org/node/45559 | Huffington Post, The
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SENATORS PUSH FOR NETWORK NEUTRALITY VOTE
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
Sens John Kerry (D-MA), Byron Dorgan (D-ND), and Ron Wyden (D-OR) are urging Federal Communications Commission Chairman Julius Genachowski to create network neutrality rules before the end of the year. In a letter to Chairman Genachowski, the senators support his push for compromise in the rules, first introduced more than one year ago. "We understand that there are some who would have you go further and some that would have you do nothing," the lawmakers wrote. "But we believe you are headed toward a principled center, and we support that effort."
benton.org/node/45558 | Washington Post | Multichannel News
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BLACKBURN THREATENS GENACHOWSKI
[SOURCE: National Journal, AUTHOR: Eliza Krigman]
Rep Marsha Blackburn (R-TN), who sits on the House Commerce Committee, vowed to work to overturn any network neutrality order that the Federal Communications Commission may vote on in December. "This is a hysterical reaction by the FCC to a hypothetical problem," Rep Blackburn said. FCC Chairman Julius Genachowski "has little if any congressional support for net neutrality." Rep Blackburn said that Chairman Genachowski can expect "this folly" to be overturned next year. In order to make that happen, Blackburn said she will reintroduce her bill to "pull the FCC from the policy making process on the first day of the 112th Congress."
benton.org/node/45557 | National Journal | The Hill
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COMCAST AND LEVEL 3
[SOURCE: CNNMoney.com, AUTHOR: David Goldman]
Netflix is clogging up the Internet. There's a debate raging about who should pay for it -- but ultimately, it's going to be you. The latest skirmish is a fracas between Comcast, which connects users to the Internet, and Level 3, which signed a deal three weeks ago to host and deliver Netflix's streaming videos to networks like Comcast's. Comcast ultimately delivers those videos to its paying broadband customers. The explosion of online video -- especially the movie-length content Netflix spotlights -- isn't an easy problem to fix. The amount of video watched online has nearly doubled in a year, to 15.1 hours per user per month, according to comScore. It is costs increasingly more to host and serve that content, and to build the infrastructure for the bandwidth that allows users to download it. Someone has to pay for that. But who should it be? That's where it gets sticky: Both Comcast and Level 3 are playing on both sides of the fence. In addition to being one of the world's largest CDNs, Level 3 is also a so-called "tier 1" Internet backbone. It's one of around a dozen companies that provides major routes for data to flow between networks like Comcast and content networks (including its own) that host websites and videos. Level 3 squawked loudly about Comcast's fee demand, calling it a "clear abuse" of Comcast's market position and an act that "threatens the open Internet." Yet Level 3 found itself in Comcast's shoes back in 2005. Feeling its peering agreement with fellow Internet backbone Cogent Communications unfairly taxed its network, Level 3 made the exact same argument that Comcast is making today, and even temporarily pulled the plug on its connection to Cogent, cutting off some parts of the Internet for millions of Cogent customers. Comcast is also playing on both sides of the argument, since it is a competitor to Netflix. It owns several cable channels and is in the process of buying NBC Universal.
benton.org/node/45555 | CNNMoney.com
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VERIZON, AT&T SPLIT ON FCC STRATEGY
[SOURCE: The Hill, AUTHOR: Sara Jerome]
After weeks of discussions with the Federal Communications Commission (FCC), the nation's two largest phone companies still have disagreements on what kinds of net-neutrality rules they can swallow. With FCC Chairman Julius Genachowski preparing to reveal his network neutrality plans, AT&T and Verizon have been split in their approaches to agency deliberations this month. Verizon has been publicly icier than AT&T about the prospect of an FCC-led net neutrality compromise, making a concerted effort to elbow the decision back into Congress. AT&T has publicly stated a desire to reach an FCC-led deal. The company has engaged heavily with the FCC this month, unleashing a flurry of activity aimed at shaping the an FCC decision through both public and private maneuverings.
benton.org/node/45539 | Hill, The | Broadcasting&Cable
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BUSINESS BROADBAND SURVEY
[SOURCE: PC Magazine, AUTHOR: Samara Lynn]
The Federal Communications Commission released the results of its Business Broadband Capability Survey conducted Dec. 2009 through Jan. 2010, confirming that businesses and broadband go hand-in-hand. The survey found that almost all businesses (95 percent) reported having at least one broadband connection. Most of those businesses (73 percent) had a DSL or dedicated line connection.
Other key findings were:
Over half (54 percent) of businesses do not know their purchased Internet connection speed.
63 percent of businesses report they are very satisfied with their current service
For businesses planning to upgrade their service, running new applications and improving communication with customers were the most reasons cited to do so.
85 percent of businesses surveyed were not planning to upgrade their service in the next 12 months. A skepticism that speed would improve productivity and concerns about cost were the major reasons for not upgrading.
The most common uses of broadband were for buying products or supplies, researching and advertising online.
Overall, the media for spending on broadband was $125 per month, while the mean was $2,198.
The median for small businesses spending on broadband was $95.00 per month.
benton.org/node/45556 | PC Magazine
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MEDIA OWNERSHIP

COMCAST'S BAD TIMING
[SOURCE: Susan Crawford blog, AUTHOR: Susan Crawford]
[Commentary] Comcast, the largest broadband provider, largest pay-TV company, and third-largest telephone company in the country, distributes communications services to more than a third of the country. Today Comcast’s existing overwhelming market power was on display in major public battles with (1) Level 3 and (2) cable modem manufacturer Zoom. The takeaway from today: No market forces are constraining Comcast - or any of the other major cable distributors, none of which compete with each other. How will consumers and innovation be protected from their machinations? The FCC is currently facing two defining moments in US telecommunications policy, and it’s unclear what the Commission is going to do in either case. Will the FCC act to relabel high-speed Internet transmission services, reversing the radical Bush-era deregulatory turn? Will the FCC block the Comcast/NBCU merger? Can we expect that anything will happen (at all) to ensure that local monopoly control over communications transport isn't leveraged into adjacent markets for devices and content? What will the legacy of the FCC be, as the looming cable monopoly stops looming and starts muscling levers into place?
benton.org/node/45535 | Susan Crawford blog
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NEW TOLLS FOR NETFLIX
[SOURCE: The Huffington Post, AUTHOR: Timothy Karr]
[Commentary] In the past 24 hours Comcast has been exposed committing blatant abuses of its power over all things media. Here are seven reasons we must stop an out-of-control Comcast:
Killing Off Competition: NetFlix
Stifling Innovation: Zoom Modems
Consolidating Media Power: NBC Takeover
Censoring Free Speech: Vinh Pham
Lobbyists, Lawyers and Lies: Cohen's Kumbaya
Blocking Internet Access: BitTorrent
Blocking Public Access: Harvard
benton.org/node/45560 | Huffington Post, The
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CONSUMERS UNION STEPS UP COMCAST OPPOSITION
[SOURCE: National Journal, AUTHOR: David Hatch]
Consumers Union, one of the nation's most respected consumer advocacy groups, is stepping up its opposition today to the proposed $30 billion combination of Comcast and NBC Universal with a new ad campaign calling for the deal to be blocked. The non-profit will canvass the city this week with a 10x22 foot "mobile" billboard featuring an image of a boa constrictor that resembles a TV cable and the tagline: "Don't Constrict Choice - Reject the Comcast Buyout of NBC." The ad campaign also features a new website, SayNoToComcastNBC.com, that provides a means for visitors to contact the FCC about the pending transaction. Both the agency and the Justice Department have entered the final stretch for their regulatory reviews of the proposed joint venture, which would create a juggernaut in the areas of telecommunications and television production and distribution. Consumers Union and other critics insist that approving the deal could result in higher prices and fewer programming options for consumers, abusive behavior against smaller competitors and reduced opportunities for independent producers.
benton.org/node/45536 | National Journal | The Hill - CU filing at FCC
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COMCAST AND ARBITRATION
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
Comcast would prefer that the Federal Communications Commission not impose outside arbitration conditions on its proposed joint venture with NBCU. But if it does, the company says, it should not apply them to national cable network negotiations. There is precedent for program access arbitration conditions on regional sports nets, and Comcast recognized that in a conversation with John Flynn, FCC senior counsel for transactions, according to an ex parte filing. Kathy Zachem, Comcast vice president for regulatory and state legislative affairs, said that "to the extent the Commission considers a program access arbitration remedy for MVPDs, I emphasized that the weight of the economic and factual evidence in the record compels the exclusion of national cable networks from any such condition." She also argued that substituting arbitration for the FCC complaint process for RSNs was problematic as well.
benton.org/node/45537 | Multichannel News
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GROUPON BID
[SOURCE: New York Times, AUTHOR: Evelyn Rusli, Jenna Wortham]
Google’s $6 billion bid for Groupon, an online coupon start-up, is an aggressive move by the company to dominate local online advertising and help with its long-sought move into social networking. Google has offered Groupon $5.3 billion, with the promise of $700 million in performance bonuses for management, according to a person knowledgeable about the matter who spoke on the condition of anonymity. Several people close to the deal said Groupon, which is based in Chicago, was expected to approve the acquisition and an agreement could be signed as early as this week. If the deal is completed, Groupon will stand as Google’s largest acquisition, easily topping the company’s $3.1 billion purchase of DoubleClick in 2007. The acquisition would also yield giant checks for Andrew Mason, Groupon’s 30-year-old founder, and its investors, a group that includes Battery Ventures, Digital Sky Technologies, Accel Partners and New Enterprise Associates. They have invested about $170 million in the company in the last two years.
benton.org/node/45572 | New York Times | WSJ - from search to sales | WSJ | FT | LA Times
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TRIBUNE CASE
[SOURCE: Chicago Tribune, AUTHOR: Michael Oneal]
The judge in Tribune Company's nearly 2-year-old bankruptcy case struggled openly at a key hearing Monday as he attempted to referee what one participant described as a "four-ring circus" and another called "total chaos." Faced with a proceeding that has splintered into four competing restructuring plans brought by sparring creditor factions, U.S. Bankruptcy Judge Kevin Carey acknowledged that moving the complex case forward efficiently is taxing the powers of the bench. "It's an unwanted meeting with my own limitations," he said at one particularly frustrating juncture during a seven-hour hearing in a bankruptcy courtroom filled to capacity with lawyers representing constituents in the Chicago-based media company's Chapter 11 case. Experts say the Tribune case is developing into Exhibit A for how bankruptcy law has evolved since 2005, when Congress mandated a limit for how long a court could grant debtors the exclusive right to file their own restructuring plan.
benton.org/node/45564 | Chicago Tribune
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GOOGLE E-BOOK VENTURE
[SOURCE: Wall Street Journal, AUTHOR: Jeffrey Trachtenberg, Jessica Vascellaro, Amir Efrati]
Google is in the final stages of launching its long-awaited e-book retailing venture, Google Editions, a move that could shake up the way digital books are sold.
The long-delayed venture -- Google executives had said they hoped to launch this summer—recently has cleared several technical and legal hurdles, people close to the company say. It is set to debut in the U.S. by the end of the year and internationally in the first quarter of next year, said Scott Dougall, a Google product management director. In recent weeks, independent booksellers, which are expected to play a big role in Google Editions, began receiving contracts from their trade group. Several publishers said they were exchanging files with Google -- a sign that it is close to launch, publishers say. Google Editions hopes to upend the existing e-book market by offering an open, "read anywhere" model that is different from many competitors. Users will be able to buy books directly from Google or from multiple online retailers -- including independent bookstores -- and add them to an online library tied to a Google account. They will be able to access their Google accounts on most devices with a Web browser, including personal computers, smartphones and tablets.
benton.org/node/45570 | Wall Street Journal
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TELECOM

GAO REPORT ON FCC LOW-INCOME PROGRAMS
[SOURCE: Government Accountability Office, AUTHOR: Lorelei St. James]
The Government Accountability Office examined 1) how the Federal Communications Commission's Lifeline and LinkUp program participation and support payments have changed over the last 5 years (2005-2009), and factors that may have affected participation; 2) the extent to which goals and measures are used to manage the programs; and 3) the extent to which mechanisms are in place to evaluate program risks and monitor controls over compliance with program rules. GAO surveyed state public utility commissions; reviewed key policies, procedures, and rules; and interviewed agency officials and stakeholders.
GAO suggests that the FCC should A) clearly define performance goals and develop quantifiable measures that can be used to determine the program’s success, B) conduct a needs assessment and develop implementation and evaluation plans for the proposed low-income pilot programs, C) conduct a robust risk assessment, and D) implement a systematic process to consider audit results. (GAO-11-11)
benton.org/node/45562 | Government Accountability Office
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YOUR PHONE AND CREDIT CARD FRAUD
[SOURCE: Fast Company, AUTHOR: EB Boyd]
Sure, you like all the great benefits of having your phone know where you are. Looking up directions or local weather information becomes that much faster. But outside companies and agencies are equally delighted to have access to your location information--and not just to send you coupons. Increasingly, they’re going to be using that information for purposes that have nothing to do with your convenience and fancy. Some of those purposes you'll like. Others you might not be so keen about. One you'll probably be okay with was just announced by Visa Europe. The credit card company is going to start using information about the location of customers’ mobile phones to prevent credit card fraud. Visa Europe has partnered with a company called ValidSoft that can establish whether your mobile phone is in the same place as the merchant or ATM where your card is being used. The assumption is that if the two devices are in close proximity, it’s probably you using the card, even if you’re far afield from your usual stomping grounds. If the two devices are not in the same place, the system may send up an alert.
benton.org/node/45563 | Fast Company
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APPLE VS NOKIA
[SOURCE: Bloomberg, AUTHOR: Adam Satariano, Susan Decker]
Steve Jobs made Apple's iPhone one of the best-selling smart phones on the market with its touch-screen, fast Web connection and access to more than 300,000 downloadable applications. Now he's adding lawyers to the mix. Apple is squaring off this week against Nokia Oyj, the world's largest maker of mobile phones, before the International Trade Commission. The dispute, in which each side alleges intellectual property violations, is also a precursor to Apple patent battles with Motorola Inc. and HTC Corp. At stake is leadership in the U.S. smart phone market.
benton.org/node/45565 | Bloomberg
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CONTENT

AMAZON AND PUBLIC DOMAIN BOOKS
[SOURCE: Washington Post, AUTHOR: Rob Pegoraro]
Kindle readers, take note: You may have been paying for books you could legally download for free -- in nearly identical editions -- elsewhere. The titles in question aren't just public-domain books that have long been freely available at such sites as Project Gutenberg. They appear to be the exact Gutenberg files, save only for minor formatting adjustments and the removal of that volunteer-run site's license information. This activity is, however, permitted under the Gutenberg license. As its introduction explains: "If you strip the Project Gutenberg license and all references to Project Gutenberg from the ebook, you are left with a public domain ebook. You can do anything you want with that." Project Gutenberg Literary Archive Foundation chief executive Greg Newby expressed frustration about what he called an old problem for the non-profit organization. "Is this legal? Yes," he wrote in an e-mail Nov. 11. "Is it ethical? I don't think it is."
benton.org/node/45534 | Washington Post
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IP POLICY
[SOURCE: Financial Times, AUTHOR: James Boyle]
[Commentary] What do we really know about the costs of violations of intellectual property for national economies? Or, conversely, about the economic benefits of strengthening copyright, trademark and patent protection? You could be forgiven for thinking that we know a great deal. Once you get beyond the government’s fabricated statistics and the industry groups’ fanciful ones, the answer to that question is far from obvious. In fact, government action to shore up one business model may produce net welfare losses to society as a whole. The United States Patent and Trademark Office recently asked for comments on the enforcement of intellectual property rights online. One hopes that the answers it received were more substantive, nuanced and data-rich than those that have dominated the discussion so far. Fantasy figures make for nightmarish policy choices.
benton.org/node/45566 | Financial Times
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MUSEUMS SHOULD NOT BOW TO CENSORSHIP
[SOURCE: Washington Post, AUTHOR: Blake Gopnik]
[Commentary] Against all odds, the stodgy old National Portrait Gallery has recently become one of the most interesting, daring institutions in Washington. Its 2009 show on Marcel Duchamp's self-portrayal was important, strange and brave. "Hide/Seek," the show about gay love that it opened in October, was crucial - a first of its kind - and courageous, as well as being full of wonderful art. Now the NPG, and the Smithsonian Institution it is part of, look set to come off as cowards. Today, after a few hours of pressure from the Catholic League and various conservatives, it decided to remove a video by David Wojnarowicz, a gay artist who died from AIDS-related illness in 1992. As part of "Hide/Seek," the gallery was showing a four-minute excerpt from a 1987 piece titled "A Fire in My Belly," made in honor of Peter Hujar, an artist-colleague and lover of Wojnarowicz who had died of AIDS complications in 1987. And for 11 seconds of that meandering, stream-of-consciousness work (the full version is 30 minutes long) a crucifix appears onscreen with ants crawling on it. But that is the portion of the video that the Catholic League has decried as "designed to insult and inflict injury and assault the sensibilities of Christians," and described as "hate speech" - despite the artist's own hopes that the passage would speak to the suffering of his dead friend. The irony is that Wojnarowicz's reading of his piece puts it smack in the middle of the great tradition of using images of Christ to speak about the suffering of all mankind.
benton.org/node/45569 | Washington Post
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TELEVISION

CALM ACT
[SOURCE: Wall Street Journal, AUTHOR: Daniel Michaels, Elizabeth Williamson]
Congress may be just days away from turning down the volume on ear-splitting TV. The Commercial Advertising Loudness Mitigation, or CALM, Act follows rules set last year by a United Nations body in Switzerland on how to measure and clip broadcast volumes. The US bill, inspired by decades of consumer complaints, should finally ban TV ads that blare louder than the programs they interrupt. Rep. Anna Eshoo (D-CA), who sponsored the bill, says it is the most popular she has pushed in her 18 years in Congress. "If I'd saved 50 million children from some malady, people would not have the interest that they have in this," she says. The CALM Act is slated for a final House vote this week, winning precious time in a December lame-duck session alongside issues including middle-class tax cuts and funding the federal government. In September the measure was addressed by the Senate, where dozens of bills have died this year amid partisan strife. It broke the political gridlock long enough to pass by unanimous consent.
benton.org/node/45571 | Wall Street Journal
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STATION PICKS UP FULL PBS SCHEDULE IN LA
[SOURCE: Los Angeles Times, AUTHOR: Scott Collins]
Los Angeles fans of PBS will soon have to get “Sesame Street,” “Nova” and other iconic shows from a station in Orange County. Starting Jan. 1, KOCE-TV Channel 48, the Huntington Beach outlet that currently airs only one-quarter of the PBS lineup, will begin beaming the full network schedule to a huge swath of Southern California that will encompass Los Angeles, Riverside, San Bernadino and Ventura counties as well as Santa Barbara. The station is also negotiating with cable operators in the few communities in the region that do not currently carry it. The move had been expected since KCET-TV Channel 28 announced in October that it would exit PBS following a months-long dispute over dues and other issues. KCET will become an independent public broadcaster and is pursuing a schedule based on local programs, BBC repeats and news and documentary shows produced in Canada, Japan and elsewhere.
benton.org/node/45568 | Los Angeles Times
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POLICYMAKERS

CHRISTIE ON YOUTUBE
[SOURCE: New York Times, AUTHOR: Richard Perez-Pena]
Since Gov Chris Christie (R-NJ) took office in January, his staff has spread his message on YouTube, posting sharply edited videos of him talking tough or dressing down hostile questioners, a stark contrast with the set pieces that make up most other politicians’ offerings online. The style and sheer size of the oeuvre -- 163 videos -- has helped make Gov Christie, a Republican in a largely Democratic state, a YouTube sensation, with myriad fans around the country who can describe his goals, dislikes and manner.
benton.org/node/45567 | New York Times
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FCC Chairman Sets Broadband Regulation Framework

Federal Communications Commission Chairman Julius Genachowski is expected today to outline a framework for broadband Internet service that forbids both wired and wireless Internet service providers from blocking lawful content. But the proposal would allow broadband providers to charge consumers different rates for different levels of service.

Chairman Genachowski has decided not to use the FCC’s telephone regulatory powers to govern broadband Internet service, a move that he proposed in May that would potentially open Internet service to heavier government regulation. His proposal would also allow broadband providers to manage their networks to limit congestion or harmful traffic. The framework will form the basis for a proposed order scheduled to be voted on during the FCC’s Dec. 21 meeting. Chairman Genachowski says he believes he has the legal authority to act because he argues that his plan would help spread broadband service more widely across the country, a priority that Congress has established as one of the FCC’s mandates. It is not clear whether the latest proposal will garner the support of the majority of the five-person commission.

Google Gambit for Groupon Raises Concern

Google’s $6 billion bid for Groupon, an online coupon start-up, is an aggressive move by the company to dominate local online advertising and help with its long-sought move into social networking.

Google has offered Groupon $5.3 billion, with the promise of $700 million in performance bonuses for management, according to a person knowledgeable about the matter who spoke on the condition of anonymity. Several people close to the deal said Groupon, which is based in Chicago, was expected to approve the acquisition and an agreement could be signed as early as this week. If the deal is completed, Groupon will stand as Google’s largest acquisition, easily topping the company’s $3.1 billion purchase of DoubleClick in 2007. The acquisition would also yield giant checks for Andrew Mason, Groupon’s 30-year-old founder, and its investors, a group that includes Battery Ventures, Digital Sky Technologies, Accel Partners and New Enterprise Associates. They have invested about $170 million in the company in the last two years.

Congress Is Moving Against LOUD Ads

Congress may be just days away from turning down the volume on ear-splitting TV.

The Commercial Advertising Loudness Mitigation, or CALM, Act follows rules set last year by a United Nations body in Switzerland on how to measure and clip broadcast volumes. The US bill, inspired by decades of consumer complaints, should finally ban TV ads that blare louder than the programs they interrupt. Rep. Anna Eshoo (D-CA), who sponsored the bill, says it is the most popular she has pushed in her 18 years in Congress. "If I'd saved 50 million children from some malady, people would not have the interest that they have in this," she says.

The CALM Act is slated for a final House vote this week, winning precious time in a December lame-duck session alongside issues including middle-class tax cuts and funding the federal government. In September the measure was addressed by the Senate, where dozens of bills have died this year amid partisan strife. It broke the political gridlock long enough to pass by unanimous consent.

Google Set to Launch E-Book Venture

Google is in the final stages of launching its long-awaited e-book retailing venture, Google Editions, a move that could shake up the way digital books are sold.

The long-delayed venture -- Google executives had said they hoped to launch this summer—recently has cleared several technical and legal hurdles, people close to the company say. It is set to debut in the U.S. by the end of the year and internationally in the first quarter of next year, said Scott Dougall, a Google product management director. In recent weeks, independent booksellers, which are expected to play a big role in Google Editions, began receiving contracts from their trade group. Several publishers said they were exchanging files with Google -- a sign that it is close to launch, publishers say. Google Editions hopes to upend the existing e-book market by offering an open, "read anywhere" model that is different from many competitors. Users will be able to buy books directly from Google or from multiple online retailers -- including independent bookstores -- and add them to an online library tied to a Google account. They will be able to access their Google accounts on most devices with a Web browser, including personal computers, smartphones and tablets.

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