April 2011

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, APRIL 8, 2011

INTERNET/BROADBAND
   House approves measure to overturn FCC network neutrality rules
   Sec Clinton slams rising trend of Internet censorship
   NTIA Renews Call for Business to Prepare to Transition to IPv6 - press release
   A Business Guide to the Next Generation Internet Address - editorial

OWNERSHIP
   Kayak Says DOJ Mandates on Google's ITA Acquisition Are Sufficient to Protect Travel Competitors
   Government approves Dish Network-Blockbuster deal
   T-Mobile Customers Pay More Under AT&T Plans

TELEVISION
   How to Solve Retransmission Sharing - editorial
   See also: A History Lesson on Retransmission - editorial [links to web]

NEWS FROM NCMR
   Telecom gurus discuss competition, reform at Free Press conference
   Robust Competition in the Wireless Industry is the Key to a Successful Marketplace

POLICYMAKERS
   Commissioner McDowell discusses FCC's 'public interest standard'
   Healthcare leaders hail selection of Mostashari to lead ONC

GOVERNMENT & COMMUNICATIONS
   CBO Scores the Faster FOIA Act of 2011 - research

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INTERNET/BROADBAND

HOUSE OVERTURNS NETWORK NEUTRALITY RULES
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
The House approved a bill to overturn the Federal Communications Commission’s Internet access rules that prohibit Internet service providers from blocking or slowing sites on their networks. In a 240 to 179 vote, lawmakers voted in favor of a resolution of disapproval that aims to overturn the so-called net neutrality rules. In order for the FCC rules to be official overturned, the Senate would have to pass a similar measure and the legislation would have to be approved by President Obama. The White House, through the Office of Management and Budget, said it would veto such legislation. Nevertheless, the House action highlights a push by major carriers and mostly Republican lawmakers to overturn the rules they say hinder ISPs from business practices. Public interest groups say ISPs have the incentive to give preference to partners and their own services and make it difficult for start-ups to succeed.
benton.org/node/55605 | Washington Post | Press release | Commerce Committee Chairman Upton
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INTERNET CENSORSHIP TREND
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
Secretary of State Hillary Clinton called the recent wave of foreign governments restricting or censoring Internet content one of the most disturbing trends of 2010 for human rights activists. "More than 40 governments now restrict the Internet through various means. Some censored websites for political reasons. And in a number of countries, democracy and human rights activists and independent bloggers found their emails hacked or their computers infected with spyware that reported back on their every keystroke," Sec Clinton said upon the release of the State Department's annual report on human rights. Foggy Bottom has been vocal in its criticism of foreign governments that restrict access to the Internet, particularly in recent months, as a wave of political protests across North Africa and the Middle East has prompted some governments to crack down on Internet access in order to hamper organizers. In addition, there have been reports recently of political bloggers being arrested in Bahrain and China. "Digital activists have been tortured so they would reveal their passwords and implicate their colleagues," Sec Clinton said. "In Burma and in Cuba, government policies preempted online dissent by keeping most ordinary people from accessing the Internet at all."
benton.org/node/55601 | Hill, The
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CALL TO PREPARE FOR IPV6
[SOURCE: National Telecommunications and Information Administration, AUTHOR: Press release]
The Commerce Department's National Telecommunications and Information Administration (NTIA) urged businesses to prepare for the transition to Internet Protocol version 6 (IPv6), an updated Internet addressing system, with the release of a new "IPv6 Readiness Tool." All devices that connect to the Internet, such as computers, smartphones, and smart grid technologies, require an Internet Protocol (IP) address. IPv6 is designed to expand the number of IP addresses available because the current number of Internet Protocol version four (IPv4) addresses will eventually exhaust. While industry action and planning are needed, consumers do not need to take action to prepare for the IPv6 transition.
The new tool, a comprehensive checklist for businesses preparing to deploy and adopt IPv6, was developed by experts from industry and the Internet technical community in response to a call from U.S. Chief Technology Officer Aneesh Chopra at an IPv6 workshop hosted by NTIA last September. The planning tool outlines IPv6 preparedness issues, such as the technical needs associated with deployment. The purpose of the tool is to help business leaders identify readiness issues and to bring these issues to the attention of senior corporate management to ensure successful IPv6 deployment and facilitate accelerated innovation.
benton.org/node/55589 | National Telecommunications and Information Administration
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BUSINESS GUIDE TO IPV6
[SOURCE: The White House, AUTHOR: Aneesh Chopra]
As we move to a world in which practically everything can be networked to everything else, we see more and more opportunities for innovation. But these opportunities also poses a challenge: As more and more devices get connected to the Internet—including computers, smartphones, innovative cloud computing platforms, and smart-grid tools—each of them is going to require an Internet Protocol (IP) address. That’s a lot of addresses, and that’s where IPv6 comes in. Internet Protocol version six, or IPv6, is an Internet addressing system designed to expand the number of available IP addresses. This expansion is necessary because the current number of addresses under Internet Protocol version four (IPv4) is gradually being exhausted. While IPv4 supports 4 billion addresses, IPv6 supports 340 trillion trillion trillion possible addresses. As such it represents a new generation of technology that can support unprecedented network growth, development, and innovation. In recent months, the Administration has been working to highlight the importance of the adoption and deployment of IPv6. We believe government can work in partnership with industry and other stakeholders to ensure that the technology that underpins the Internet continues to support innovation and economic growth. Though the IPv6 transition doesn't mean much for consumers right now—they can continue to use existing devices and IPv4 addresses—action and planning is needed by industry.
benton.org/node/55587 | White House, The
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OWNERSHIP

GOOGLE-ITA
[SOURCE: Fast Company, AUTHOR: Austin Carr]
It appears the Department of Justice has heard the cries of travel companies and consumer watchdogs, who threw a fit over Google's planned $700 million acquisition of ITA Software. Many travel sites, from Microsoft's Bing to Kayak to Expedia, use ITA's technology, which helps enable consumers to search for airfares and flight times. If Google were allowed to buy ITA, some believed, it could give the company an unfair advantage in the travel-search business.
The Department of Justice approved Google's proposed purchase of ITA--with some important caveats. The DOJ has mandated that Google must adhere to a slew of requirements to ensure that healthy competition remains in the online travel industry. For now, the DOJ's decision has satisfied critics.
"We are extremely pleased with the decision," says Robert Birge, chief marketing officer of Kayak. Fairsearch.org, a coalition of businesses that includes Kayak, Expedia, and Bing, also lauded the DOJ's moves. “Today’s antitrust enforcement action by the Justice Department is a clear win for consumers and competition in the marketplace," Fairsearch said in a statement. "Google’s attempt to acquire unrestricted control over ITA, which would have violated antitrust laws, has been thwarted--representing a significant step in the right direction." According to Birge, the DOJ has protected Kayak and sites like it in two key ways. First, it ensures the company's continued access to ITA, a product that is critical to Kayak's technology. Second and most importantly, "they've protected our own technology that we've developed over the last seven years and that sits on [ITA's] servers," says Birge.
benton.org/node/55583 | Fast Company
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DISH-BLOCKBUSTER DEAL
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
Dish Network announced that the Federal Trade Commission and the Department of Justice greenlighted the satellite provider's $320 million purchase of the bankrupt movie rental chain Blockbuster. Dish outbid several rivals for Blockbuster, which declared bankruptcy last year after its movie rental business was hit hard by the rise of Netflix and streaming online video services. The deal is set to close on April 21. Dish has yet to indicate its plans for Blockbuster.
benton.org/node/55599 | Hill, The
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T-MOBILE CUSTOMERS WILL PAY MORE
[SOURCE: MediaPost, AUTHOR: Mark Walsh]
Among the arguments raised by opponents of AT&T's proposed $39 billion acquisition of T-Mobile: the deal would remove a wireless carrier known for catering to budget-conscious consumers. Indeed, T-Mobile has long positioned itself as a lower-cost option to larger rivals, including AT&T, Verizon Wireless and Sprint. But does T-Mobile really offer better deals on service plans than AT&T? Yes, according to a new analysis by Consumer Reports. It found that T-Mobile wireless plans typically cost $15 to $50 less per month than comparable plans from the carrier planning to swallow it. The consumer watchdog said the finding also validated concerns that T-Mobile customers migrating to AT&T plans would likely pay more for service than they would have with T-Mobile. And that T-Mobile's exit from the market would eliminate a lower-priced alternative from the market.
benton.org/node/55591 | MediaPost
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TELEVISION

HOW TO SOLVE RETRANSMISSION SHARING
[SOURCE: TVNewsCheck, AUTHOR: Harry Jessell]
[Commentary] Hopefully, the broadcast networks and their affiliates will use their various meetings at the NAB Show to reach some understanding on the contentious issue of retrans sharing. But if the networks and affiliates can't get their act together soon, they should hire a “statesman” whom everyone respects to mediate, to remind both sides of their mutual interests and get them working together against cable and satellite and not against each other. But who? Who is this statesman or stateswoman who could save broadcasting from itself? I nominate NAB President Gordon Smith.
benton.org/node/55598 | TVNewsCheck
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NEWS FROM NCMR

NATIONAL CONFERENCE FOR MEDIA REFORM
[SOURCE: The Hill, AUTHOR: Sara Jerome]
Former Federal Communications Commission (FCC) official Colin Crowell, former White House technology adviser Susan Crawford, and Kenneth DeGraff, adviser to Minority Leader Nancy Pelosi, discussed telecom issues at the Free Press conference in Boston. They addressed the proposed AT&T/T-Mobile merger, the looming spectrum crisis, FCC reform, telecom policy reform, usage-based pricing, and proposed bans on municipal broadband.
Hill, The
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CLYBURN AT NCMR
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Mignon Clyburn]
Federal Communications Commission member Mignon Clyburn spoke at the National Conference for Media Reform. She said, "In meeting after meeting, I hear about the fast-approaching reality of mobile DTV and faster speeds for mobile broadband. I read articles about the explosive sales of tablets and iPhones, and my staff tells me about the growing prevalence of both on their morning bus and subway commutes into southwest D.C. I mention all of this to hammer home the fact that wireless availability with its ease of use is no longer a fun novelty that’s there if and when you choose to use it. Consumers have integrated it as an essential part of their daily routines, work activities, and family discourse at an exponential and ever-increasing rate. And I'm certain the overwhelming majority would readily admit that they cannot live without their mobile device.... Did you ever think that we would develop and opt for a more convenient way of casually communicating other than talking? This is the new reality, and this country has embraced it wholeheartedly." She went on focusing on lower-income communities: "in considering all of the factors relating to America’s minority and low-income citizens, and realizing how hard people work to claw past their monthly bills only to immediately start fretting about next month, we must be vigilant -- super-vigilant -- about the direction the wireless industry is heading. So many people depend -- and I need to stress that word -- depend on their wireless phones in their everyday lives."
benton.org/node/55593 | Federal Communications Commission | The Hill
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POLICYMAKERS

THE PUBLIC INTEREST STANDARD
[SOURCE: The Hill, AUTHOR: Sara Jerome]
Federal Communications Commission member Robert McDowell appears on C-SPAN's "The Communicators" and discusses how the agency should approach the "public interest standard" it applies to merger reviews. He calls the standard "broad and amorphous," but that he approaches it by trying to address "harms" that could arise from a merger. "Are there any harms coming about as a result of the merger? What are the specific harms to consumers? If there are harms, conditions should be narrowly tailored to address those," he said. "The process should not be an excuse to implement rule-makings on issues that don't arise because of that particular merger," he said.
On spectrum auctions, he said that time was running out for Congress to act on incentive auctions, and that if broadcasters have to be repositioned after spectrum reclamation that would make that process not voluntary by definition. He said that if repacking happens, broadcasters need to be compensated "at a minimum to at least make them whole."
benton.org/node/55603 | Hill, The | B&C
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PRAISE FOR MOSTASHARI
[SOURCE: ModernHealthcare.com, AUTHOR: Christine LaFave Grace, Joseph Conn]
Members of the healthcare community are praising the selection of Dr. Farzad Mostashari as the next head of the Office of the National Coordinator for Health Information Technology at HHS. Mostashari succeeds Dr. David Blumenthal as head of the ONC. Mostashari previously was deputy national coordinator for programs and policy at the ONC. He joined the ONC in July 2009. Before joining the ONC, Mostashari worked for the New York City Health and Mental Hygiene Department as assistant commissioner for the primary-care information project, according to the ONC's website. He also established the department's bureau of epidemiology services. "Farzad's experience in promoting adoption and use of EHRs among providers, particularly in underserved areas, addresses a critical need," said Dr. Harry Greenspun, Dell's chief medical officer, who applauded Mostashari's appointment. "It's a good pick, but I'd go forward and say it's the right pick and the best pick,” said Dr. Peter Basch, medical director for electronic health records and health IT policy at MedStar Health, Columbia, Md., and a volunteer adviser to ONC, serving on three work groups of the federally chartered Health IT Policy Committee. Basch said all three previous ONC leaders have been the right men for the job at that time and that this is the time for a leader who can implement programs. "What we don't need now is someone to reconceptualize health IT," he said. "We've got a good plan. What we need now is a closer."
benton.org/node/55586 | ModernHealthcare.com
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GOVERNMENT & COMMUNICATIONS

FASTER FOIA ACT
[SOURCE: Congressional Budget Office, AUTHOR: Matthew Pickford]
The Faster FOIA Act of 2011 (S 627) would establish a commission to identify methods for reducing delays in processing requests under the Freedom of Information Act (FOIA). The commission also would investigate a recent increase in the number of exemptions from FOIA that federal agencies have issued to prevent the release of information. The 12-member commission would have one year to report its findings and recommendations to the Congress.
Members would be appointed within 60 days of enactment of the legislation and would serve without pay but would be reimbursed for travel expenses. The commission would terminate 30 days after submitting its final report. The National Archives and Records Administration (NARA) would provide support to the commission, and the General Services Administration would administer any travel expenses.
Assuming appropriation of the necessary amounts, CBO estimates that implementing S. 627 would cost about $1 million, mostly in fiscal year 2012. That estimate includes the cost of preparing the report and paying the salaries and expenses of 10 employees provided by NARA. Enacting the legislation would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply.
S. 627 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would not affect the budgets of state, local, or tribal governments.
benton.org/node/55582 | Congressional Budget Office
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BENTON'S COMMUNICATIONS-RELATED HEADLINES for APRIL 6, 2011

INTERNET/BROADBAND
   House Takes Flight Of Network Neutrality Fancy - analysis
   Industry-friendly subcommittee delivers for telecom firms - analysis

WIRELESS/SPECTRUM
   White House rallies support for spectrum auctions

PRIVACY
   Senate Dems want changes to electronic privacy laws
   Breach Brings Scrutiny

CYBERSECURITY
   An Attack Sheds Light on Internet Security Holes

NEWS FROM THE FCC
   FCC Order on MSS Spectrum - press release
   FCC Proposes Rules Changes to Improve Wireless Coverage Through the Use of Signal Boosters
   FCC Adopts New Rules and Proposes Changes to Video Relay Service
   FCC Names New Administrator Of Interstate TRS Fund - press release [links to web]
   FCC Established National Deaf-Blind Equipment Distribution Program - press release
   Miraculous makeover: using the new FCC.gov - analysis
   Comcast to FCC: Keep Hulu info secret [links to web]

MORE ONLINE
   Glenn Beck to End Daily Fox News Program [links to web]

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INTERNET/BROADBAND

HOUSE TAKES FLIGHT OF NET NEUTRALITY FANCY
[SOURCE: Public Knowledge, AUTHOR: Art Brodsky]
The House of Representatives resumed its flight from reality on April 8 when it voted to repeal the Federal Communications Commission (FCC) rules to mandate an open and non-discriminatory Internet. The vote was 240-179, with six Democrats siding with the Republicans. On April 5, the House went through its warm-up act by approving the procedures used for the repeal, breaking out yet again the rambling, discredited arguments that have no basis in fact but which seem to take on additional merit when screeched at the top of a legislator’s lungs. No, the government is not about to “take control of your Internet,” as Rep. Marsha Blackburn (R-TN) vehemently argued. Nor is the government going to “assign priority and value” to content, as Rep Blackburn said. The concept behind a neutral Internet is quite simple: Those companies which provide access to the Internet can't play favorites. That’s the opposite of taking control and does not assign any priorities or values. That was the legal ground rule when the Internet was created, and which needs to be reinstated since the 2005 FCC decision taking away some of the FCC’s legal authority to enforce nondiscrimination.
The Republican side of the debate had almost a desperate, tin-hat conspiratorial air to it. Read paragraph 84, which will “squelch jobs and growth,” Blackburn said. Look at paragraph 47, footnote 148, Communications Subcommittee Chairman Greg Walden (R-OR) advised. One of those sets out the case-by-case basis for determining rule violations – a concept most liked for its flexibility. The other doesn't preclude a specialized offering, like Koshernet, as quoted in the order and it certainly isn't religious persecution. It says that network operators can't hide behind a Koshernet or like product that filters out some sites to get out of Net Neutrality obligations. If there were a dodge like that, the Net Neutrality rules, vague and incomplete as they are now, would be even more useless. Then again, neither Koshernet, nor any similar Web site, is a carrier.
benton.org/node/55329 | Public Knowledge
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INDUSTRY-FRIENDLY SUBCOMMITTEE DELIVERS FOR TELECOM FIRMS
[SOURCE: Connected, AUTHOR: John Dunbar]
When the nation’s broadband providers were frustrated in their attempt to stop the Federal Communications Commission from creating new rules to regulate the Internet, the fight moved to the House. The far more sympathetic Commerce Subcommittee on Communications and Technology voted 15 to 8 to “disapprove” the FCC’s rules. Since the FCC action on Dec. 21, members of the subcommittee have collected $81,500 in contributions from broadband and wireless providers and their trade associations. More than half the total went to three key members who pushed the anti-rules resolution. Rep. Greg Walden (R-OR), chairman of the subcommittee, received the most, at $19,500. Rep. Lee Terry (R-NE), vice chairman, was second, at $16,000. And Rep Fred Upton (R-MI), who chairs the full House Commerce Committee, received $11,000.
On April 8, the House approved the measure by a 240-179 vote, with 234 Republicans in favor and two opposed. Chances of it succeeding are slim, however, because of opposition in the Senate and a veto threat from the Obama Administration.
The real push behind the resolution appears to have come from a letter-writing campaign by Freedom Works and the closely affiliated tea party movement. A draft “Letter to Congress,” circulated to tea party groups, says the rules, known as network neutrality, are bad for free market principles and free speech and accuses the FCC of acting “under the cover of darkness” to “regulate the Internet whether we like it or not.” Freedom Works is headed by former House Majority Leader Dick Armey (R-TX) who lobbied on behalf of Verizon in 2008 when he was with the firm DLA Piper US LLP. A 2005 National Journal article reported that Freedom Works accepted money from Verizon and SBC Communications Inc. (now AT&T Inc.).
The committee's contributions came from political action committees controlled by the nation’s largest broadband and wireless companies and their trade associations: Verizon/Verizon Wireless Inc.; AT&T; Qwest Communications International Inc.; the United States Telecom Association; Comcast Corp.; Sprint Nextel Corp.; Time Warner Cable; the National Cable & Telecommunications Association; T-Mobile USA Inc. and CTIA —The Wireless Association. Overall, the broadband industry has showered members of the subcommittee with nearly $1.3 million in contributions since 2009, according to an Investigative Reporting Workshop analysis of Federal Election Commission filings. The top recipient during that time was Chairman Upton, who received $80,000. Second was Rep. Henry Waxman (D-CA) at $76,000. Waxman is former chairman of the full committee. He lost the chairmanship when the Republicans took control of the House after the midterm elections. Despite the generosity of the companies, Rep Waxman voted against overturning the rules.
benton.org/node/55331 | Connected | more on donations to Communications Subcommittee | more on major contributors
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WIRELESS/SPECTRUM

WHITE HOUSE RALLIES SUPPORT FOR SPECTRUM AUCTIONS
[SOURCE: The Hill, AUTHOR: Sara Jerome]
The White House ramped up the pressure on Congress to move ahead with auctions of the nation’s airwaves, arguing the step is crucial for economic growth. Administration officials outlined their case for devoting a larger swath of the airwaves to mobile broadband, saying policies to promote communication on tablets and smart phones will also create jobs and reduce the deficit. "The issues of spectrum and of wireless communications are going to be essential to our growth," said Austan Goolsbee, chairman of the President’s Council of Economic Advisers, adding that the revenue from the auctions could help reduce the deficit. The officials said airwave auctions are the way to help all Americans gain access to the mobile Internet, which was one of the goals outlined in President Obama’s State of the Union address. Goolsbee said the increasing use of broadband requires the government to confront a "major challenge:" a spectrum crunch that could occur as more people use iPads and BlackBerries to watch video and surf the Web.
benton.org/node/55327 | Hill, The | FCC Chairman Julius Genachowski | C-Net|News.com | National Journal - Broadcasters' view
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PRIVACY

CHANGES FOR PRIVACY LAW?
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
The law that governs how law enforcement can access digital communications is outdated and badly in need of an update, according to Democrats on the Senate Judiciary Committee. At a hearing to discuss the Electronic Communications Privacy Act (ECPA), Chairman Patrick Leahy (D-VT) argued the law is currently a source of confusion for law enforcement and the American public due to conflicting standards for digital forms of communication. "For example, the contents of a single e-mail could be subject to as many as four different levels of privacy protections under ECPA, depending on where it is stored, and when it is sent," Chairman Leahy said in his opening statement. "There are also no clear standards under that law for how and under which circumstances the Government can access cell phone or other mobile location information when investigating crime or national security matters." Leahy's stance was echoed by other Democrats on the committee, who pointed out that police are able to access cloud-based email accounts and files without warrants, even though they would need court approval to access a suspect's computer.
benton.org/node/55325 | Hill, The
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BREACH BRINGS SCRUTINY
[SOURCE: Wall Street Journal, AUTHOR: Ben Worthen]
A data breach at a little-known entity that affected companies from J.P. Morgan Chase & Co. to TiVo Inc. is shining a light on the outsourcing of email marketing campaigns, a practice that has grown steadily over the past decade as consumers become less responsive to commercial pitches. Epsilon Data Management LLC, a division of Alliance Data Systems Corp., said last week that hackers had accessed names and email addresses in its systems. In the days that followed, more than 40 companies -- including J.P. Morgan Chase, TiVo and others -- have said that their customers were among the victims. The companies had hired Epsilon to manage marketing campaigns. When retailers such as Best Buy Co. and Target Corp. email promotions to customers, the likely buyers are often identified by and the messages are sent by firms such as Epsilon. Managing bulk mailings can be time-consuming and the technology to sort through customer information to come up with targeted promotions is often changing too quickly for businesses to do it on their own, experts say. Companies like Epsilon know not to send a promotion for a winter coat to someone who lives in Miami, for example, or an email boasting low rates for mortgage refinances to people who don't own their homes. "We may receive an email from the same retailer but they would be completely different," said Dave Frankland, an analyst at Forrester Research. "Managing that across millions of customers is really complex." In addition to coming up with pitches customers are more likely to respond to, third parties like Epsilon also help ensure that an email isn't caught in a spam filter. Normally, 20% of legitimate email never reaches an inbox, according to Return Path Inc., which helps its clients deliver emails. Epsilon works with the largest email providers like Yahoo Inc., Google Inc., and Microsoft Corp. to ensure that the messages it sends to people who have elected to receive them get through. Epsilon said it sends more than 40 billion emails a year and that it has over 2,500 customers. Epsilon's revenue increased 27% from a year ago to $180 million in the quarter ended Dec. 31, according to Alliance, which acquired Epsilon in 2004 for about $300 million. Epsilon said about 2% of its clients were affected by the breach.
benton.org/node/55321 | Wall Street Journal
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CYBERSECURITY

ATTACK SHEDS LIGHT ON SECURITY HOLES
[SOURCE: New York Times, AUTHOR: Riva Richmond]
The Comodo Group, an Internet security company, has been attacked in the last month by a talkative and professed patriotic Iranian hacker who infiltrated several of the company’s partners and used them to threaten the security of myriad big-name Web sites. But the case is a problem for not only Comodo, which initially believed the attack was the work of the Iranian government. It has also cast a spotlight on the global system that supposedly secures communications and commerce on the Web. The encryption used by many Web sites to prevent eavesdropping on their interactions with visitors is not very secure. This technology is in use when Web addresses start with “https” (in which “s” stands for secure) and a closed lock icon appears on Web browsers. These sites rely on third-party organizations, like Comodo, to provide “certificates” that guarantee sites’ authenticity to Web browsers. But many security experts say the problems start with the proliferation of organizations permitted to issue certificates. Browser makers like Microsoft, Mozilla, Google and Apple have authorized a large and growing number of entities around the world — both private companies and government bodies — to create them. Many private “certificate authorities” have, in turn, worked with resellers and deputized other unknown companies to issue certificates in a “chain of trust” that now involves many hundreds of players, any of which may in fact be a weak link.
benton.org/node/55324 | New York Times
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NEWS FROM THE FCC

MSS SPECTRUM ORDER
[SOURCE: Federal Communications Commission, AUTHOR: ]
On April 6 the Federal Communications Commission released a report and Order on Fixed and Mobile Services in the Mobile Satellite Service Bands at 1525-1559 MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500 MHz, and 2000-2020 MHz and 2180-2200 MHz. In the order, the FCC acts on the proposals contained in the July 15, 2010, MSS NPRM, which built on the recommendations of the National Broadband Plan.
First, the FCC adds co-primary Fixed and Mobile allocations to the MSS 2 GHz band, consistent with the International Table of Allocations. This action will lay the groundwork for more flexible use of the band, including for terrestrial broadband services, in the future.
Second, in order to create greater predictability and regulatory parity with bands licensed for terrestrial mobile broadband service, the FCC extends its existing secondary market "spectrum manager" spectrum leasing policies, procedures, and rules that currently apply to wireless terrestrial services to the use of MSS/ATC spectrum for the provision of terrestrial services.
benton.org/node/55320 | Federal Communications Commission
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SIGNAL BOOSTERS
[SOURCE: Federal Communications Commission, AUTHOR: ]
On April 5 the Federal Communications Commission adopted a Notice of Proposed Rulemaking (NPRM) to facilitate the development and deployment of well-designed signal boosters, which hold great potential to empower consumers in rural and underserved areas to improve their wireless coverage in their homes, at their jobs, and when they travel by car, recreational vehicle, or boat. Although by one measure, 99.6 percent of the nation's population is served by one or more mobile voice providers, and more than 98 percent of the nation's population can now receive "advanced" or "3G" wireless services, coverage gaps exist within and at the fringes of those service areas and continue to pose a problem for residents, businesses, public institutions, visitors, and public safety first responders, particularly in rural areas. Signal boosters are part of the solution to addressing coverage gaps in rural areas. Signal boosters can also mitigate service gaps in difficult-to-serve in-building environments such as in office buildings where people work, in health care facilities where doctors and other health care personnel need reliable communications, and on educational campuses where students want access to cutting edge wireless service offerings. In addition, signal boosters can provide public safety benefits, for example, by enabling the public to connect to 911 in areas where wireless coverage is deficient or where an adequate communications signal is blocked or shielded.
The regulatory framework for signal boosters proposed in this Notice of Proposed Rulemaking (NPRM) is one element in a set of initiatives designed to promote deployment of mobile voice and broadband services in the United States. Well-designed, properly operating, and properly installed signal boosters have the potential to improve consumers' wireless network coverage without harming commercial, private, and public safety wireless network performance. Malfunctioning, poorly designed, or improperly installed signal boosters, however, may harm consumers by blocking calls, including E-911 and other emergency calls, and decreasing network coverage and capacity. The regulatory framework proposed in this NPRM seeks to create appropriate incentives for carriers and manufacturers to collaboratively develop robust signal boosters that do not harm wireless networks. This, in turn, will enable consumers to improve their cell phone coverage as they deem necessary. The public interest is best served by ensuring that consumers have access to well-designed boosters that do not harm wireless networks.
The NPRM proposes a new regulatory framework authorizing individuals and entities to operate "consumer signal boosters" provided the devices comply with: (1) all applicable technical and radiofrequency (RF) exposure rules, and (2) a set of parameters aimed at preventing and controlling interference and rapidly resolving interference problems should they occur. We also propose revisions to the rules governing signal boosters used for private land mobile services.
benton.org/node/55318 | Federal Communications Commission
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VRS RULES CHANGES
[SOURCE: Federal Communications Commission, AUTHOR: ]
As part of its ongoing efforts to ensure that the video relay service (VRS) continues to provide a crucial telecommunications link for people who are deaf and hard-of-hearing, the Federal Communications Commission adopted rules designed to eliminate the waste, fraud and abuse that has plagued the VRS program and had threatened its ability to continue serving Americans who use it and its long-term viability.
In an accompanying Further Notice of Proposed Rulemaking (FNPRM), the Commission asked for public comment on proposed modifications to the current FCC certification procedures used to determine which companies may provide Internet-based telecommunications relay service (TRS).
VRS enables persons who use American Sign Language (ASL) to communicate with other individuals who do not know ASL through a broadband connection using a video link. A communications assistant (CA) interprets (relays) the conversation back and forth between the parties in sign language and voice.
The FCC's actions are intended to eliminate illegitimate payments from the TRS Fund to providers, ensure that only qualified providers of service are permitted to receive compensation from the Fund, and enable the Commission to improve its oversight of provider operations to achieve better compliance with the TRS rules. The FCC's efforts to rid the TRS program of fraud and abuse demonstrate its commitment to ensuring that VRS remains a valuable communication tool for Americans who use it to communicate with friends, family and colleagues on a daily basis.
benton.org/node/55315 | Federal Communications Commission | read the order and FNPRM
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NATIONAL DEAF-BLIND EQUIPMENT DISTRIBUTION PROGRAM
[SOURCE: Federal Communications Commission, AUTHOR: ]
On April 6, 2011, the Federal Communications Commission established a National Deaf-Blind Equipment Distribution Program (NDBEDP) to enable low-income individuals who are deaf-blind to access 21st Century communications services. The pilot program will help ensure that qualified individuals have access to the Internet, and advanced communications, including interexchange services and advanced telecommunications and information services.
This action implements a provision of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). The CVAA allocated $10 million annually from the Interstate Telecommunications Relay Service (TRS) Fund for this nationwide equipment distribution effort. The FCC concluded that the best approach would be to establish a two-year pilot program, with the option of extending this for a third year, so that the FCC can assess the most efficient and effective method of administering the NDBEDP on a permanent basis. Under the NDBEDP pilot program, the FCC will certify and provide funding to one entity in each state to distribute equipment to low-income individuals who are deaf-blind.
The FCC will make the full amount of the authorized funding, $10 million, available for each year of the pilot program. Of this amount, the FCC will set aside up to $500,000 per year for national outreach efforts. Each state will initially receive a minimum initial funding allocation of $50,000, with the balance of the available funds allocated in proportion to each state's population. Certified programs will have to submit documentation to support claims for reimbursement for NDBEDP equipment and related services, up to each state's funding allocation. Certified programs must submit reports on their activities and expenses every six months, disclose potential conflicts of interest, and conduct annual independent audits
The FCC adopted the following rules and policies for the NDBEDP pilot program:
Certified Programs: Entities must apply for certification to receive funding support under the NDBEDP pilot program within 60 days of the effective date of the rules. The Commission will certify only one entity for each state.
Consumer Eligibility: "Individuals who are deaf-blind," as defined in the Helen Keller National Center Act, are eligible to apply for equipment. Because of the unusually high medical and disability-related costs incurred by these individuals, the Order sets a low-income eligibility threshold of 400% of the Federal Poverty Guidelines.
Equipment: The Order permits distribution of specialized and off-the-shelf equipment, separately or in combination, as long as it meets the needs of the deaf-blind individual and makes communications services covered under the CVAA accessible. The reasonable costs of the equipment distributed, warranties, maintenance, repairs, and refurbishing will be covered.
Related Services: The reasonable costs of state and local outreach efforts, individual assessments of a deaf-blind person's communications equipment needs, equipment installation, and individualized training of consumers on how to use the equipment will also be covered under the NDBEDP.
benton.org/node/55312 | Federal Communications Commission | read the report and order
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THE NEW FCC.GOV
[SOURCE: ars technica, AUTHOR: Matthew Lasar]
The Federal Communications Commission unveiled a new beta version of its website (beta.fcc.gov) that doesn't just respond to concerns. It puts fcc.gov on the road to becoming one of the best government communications sites -- anywhere. First, there's the attractive and economic blue design. Instead of trying to stuff every conceivable department and category into the home page, like the current site does, beta.fcc offers four initial categories: "The FCC," "Our Work," "Tools and Data," and "Business and Legal," that more easily take users to everywhere else in the portal. That's the key to this beta's success. Here are some of the best features of the new site:
Take action: Anyone who goes to beta.fcc will quickly notice a prominent subhead on the top right side of the page titled "Take Action." From there you'll be directed to a page where you can file public comments with the FCC on a wide variety of issues.
Understanding FCC jargon: The new site now offers an encyclopedia! In beta form it seems to be a compendium of terms about telecommunications related issues -- e.g., "roaming," and "retransmission consent" -- plus a glossary about the FCC itself.
Finding important issues: "Business and Legal" section easily takes you to the mergers page. The "Our Work" section takes you to broadband, spectrum, and public safety pages. And lo and behold, the "The FCC" menu actually takes you to a page that explains what the FCC does.
benton.org/node/55310 | Ars Technica
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BENTON'S COMMUNICATIONS-RELATED HEADLINES for APRIL 4, 2011

INTERNET/BROADBAND
   Court Rejects Suit on Network Neutrality Rules
   White House issues veto threat for repeal of network neutrality rules
   Communications and Technology subcommittee passes broadband scrutiny bill
   FCC's Clyburn Opposes North Carolina Municipal Broadband Bans - press release
   Qwest, CenturyLink complete merger
   Google Fiber Brings Threat and Opportunity for ISPs - analysis [links to web]
   Rural Telecom Groups Take on Inter-Carrier Compensation
   Extreme Makeover - USF: Looking At Lifeline/Link Up - analysis

WIRELESS/SPECTRUM
   Skepticism Greets AT&T Theory
   White House to Host Spectrum Auction Summit

PRIVACY
   Breach at Epsilon Exposes Emails
   FTC's 2011 Annual report - press release

TELEVISION
   Time Warner Cable, Comcast and the End of TV as We Know It - analysis
   Rep. Walden Will Go 'Nuclear' If FCC Adopts MAP Petition

CONTENT
   Public Knowledge Proposes Changes To Key Copyright Laws - press release [links to web]
   What the Google Buzz-FTC Settlement Means for the "Apology Approach" to Innovation - analysis [links to web]
   Google's Digital Library Failed -- Can Academics Succeed? - analysis [links to web]

HEALTH
   HHS to Launch Workgroup to Help Eliminate Health Disparities - press release [links to web]

MORE ONLINE
   Alec Ross Talks "Radical" Global Citizenship [links to web]
   Bloggers Remember Elizabeth Taylor - research [links to web]

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INTERNET/BROADBAND

COURT REJECTS SUIT AGAINST NETWORK NEUTRALITY RULES
[SOURCE: New York Times, AUTHOR: Edward Wyatt]
The United States Court of Appeals for the District of Columbia circuit rejected as “premature” a lawsuit by Verizon and MetroPCS challenging the Federal Communications Commission’s pending rules aimed at keeping Internet service providers from blocking access to certain Web sites or applications. While the decision is a first-round victory for the FCC and its chairman, Julius Genachowski, the real battle over the agency’s attempt to regulate broadband providers has barely begun. Several broadband companies, and some consumer advocacy and public interest groups, are likely to return to court this year to challenge aspects of the rules. Edward S. McFadden, a Verizon spokesman, said that the company intended to refile its lawsuit this year. The Verizon lawsuit was dismissed as premature, the court said, because federal regulations dictate that a challenge to new FCC rules must come within 10 days after a new rule is published in the Federal Register. That publication has not taken place, although the FCC approved its rules in December, because the regulations must be reviewed for compliance with the Paperwork Reduction Act. That FCC review, which includes a 60-day public comment period, will be completed this month. Then, the Office of Management and Budget will conduct a review, with a 30-day comment period, before the rules are published. Once the regulations are published in the Federal Register, any legal challenge filed in 10 days is entered in a lottery to determine the legal venue. Verizon and MetroPCS tried to sidestep that provision by contending that the rules modified their licenses to operate wireless broadband networks. So, they said, the dispute was a licensing issue, not an appeal of a new rule, a position the court rejected.
benton.org/node/55019 | New York Times | PC Magazine | WSJ
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WHITE HOUSE BACKS NETWORK NEUTRALITY RULES
[SOURCE: The Hill, AUTHOR: Sara Jerome]
The White House on April 4 threatened to veto legislation from House Republicans that would repeal network neutrality regulations. In a statement of administration policy, the Office of Management and Budget (OMB) said the president's advisers would recommend that he not sign a bill scrapping new Internet regulations from the Federal Communications Commission. "If the President is presented with a Resolution of Disapproval that would not safeguard the free and open Internet, his senior advisers would recommend that he veto the Resolution," the statement said. Network neutrality was an Obama campaign promise. OMB said scrapping the rules "would undermine a fundamental part of the Nation’s Internet and innovation strategy — an enforceable and effective policy for keeping the Internet free and open."
benton.org/node/55018 | Hill, The | Politico
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HOUSE PANEL PASSES BROADBAND SCRUTINY BILL
[SOURCE: Washington Post, AUTHOR: Hayley Tsukayama]
A House subcommittee passed a bill April 1 to ensure that unused grant funds for two federal programs tasked with expanding access to broadband services across the country are returned to the US Treasury. Rep Greg Walden (R-OR), chairman of the Communications and Technology subcommittee, said the legislation clarifies language that requires the programs to give back money awarded to projects that have been canceled. And it institutes a new requirement that would keep Congress in the loop regarding the awards. The bill refers to stimulus funds granted to the National Telecommunications and Information Administration, which administers the Broadband Technology Opportunities Program launched two years ago to support the expansion of broadband access to all communities. The legislation also applies to stimulus-funded grants made by the Rural Utility Service’s Broadband Initiatives Program. NTIA chief Lawrence Strickling and RUS administrator Jonathan Adelstein testified at the hearing. Both said that they welcomed the spirit of the bill, but added that its provisions are consistent with the agencies’ standard processes and current U.S. law.
benton.org/node/55013 | Washington Post | The Hill
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CLYBURN OPPOSES MUNI BROADBAND BANS
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Mignon Clyburn]
I have serious concerns that as the Federal Communications Commission continues to address broadband deployment barriers outlined in the National Broadband Plan, new obstacles are being erected that are directly contrary to the Plan’s recommendations and goals.
I recently learned that several state legislatures are considering bills that are contrary to the deployment objectives of the Broadband Plan. For example, in North Carolina, the state legislature is currently evaluating legislation entitled ‘Level Playing Field/Local Government Competition.’ Last week the North Carolina House passed the bill, and it currently awaits consideration in the Senate. This piece of legislation certainly sounds goal-worthy, an innocuous proposition, but do not let the title fool you. This measure, if enacted, will not only fail to level the playing field; it will discourage municipal governments from addressing deployment in communities where the private sector has failed to meet broadband service needs. In other words, it will be a significant barrier to broadband deployment and may impede local efforts to promote economic development.
The National Broadband Plan recommended that Congress clarify that State, regional, and local governments should not be restricted from building their own broadband networks. When providers cannot meet the needs of local communities, the Plan provides that State, regional, and local entities should be able to respond accordingly, as they were able to do when municipal governments distributed electricity to thousands of rural communities during the 20th Century. Unfortunately, this National Broadband Plan recommendation continues to be ignored by some broadband industry members that are encouraging these misguided efforts.
Not long after the National Broadband Plan was issued, I had the privilege to visit North Carolina and speak about the goals in the Plan, and the importance of our nation using every available tool to address the broadband divide. I believe now, as I did then, that no American citizen or community should be left behind in the digital age. However, I remain concerned that when cities and local governments are prohibited from investing directly in their own broadband networks, citizens may be denied the opportunity to connect with their nation and improve their lives. Local economies will suffer as a result, and the communities’ ability to effectively address education, health, public safety, and other social issues will be severely hampered. Regrettably, North Carolina isn't the only state considering such legislation. My home state of South Carolina has similar legislation pending, and the state of Arkansas is contemplating a complete ban on publicly-owned broadband facilities. I fear that preventing local governments from investing in broadband is counter-productive and will impede the nation from accomplishing the Plan’s goal of providing broadband access to every American and community anchor institution.
benton.org/node/55009 | Federal Communications Commission
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MERGER CLOSES
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
Qwest and CenturyLink completed their $22 billion merger on April 1, creating the third-largest traditional phone provider in the nation behind AT&T and Verizon. The announcement was expected after the Federal Communications Commission (FCC) greenlighted the transaction in March. The combined firm will be known as CenturyLink and remain based in Monroe (LA), though it will maintain a regional headquarters in Denver, formerly Qwest's home base. The two regional telecom providers are looking to offset declines in revenue from landline phones by promoting their broadband offerings. Both firms have shed jobs in recent years and more cuts from the combined workforce of 47,000 are expected. The FCC's approval came with conditions attached that aimed to increase the performance and adoption of the new entity's broadband coverage, particularly among low-income households. The new firm will offer service to 17 million phone lines and five million broadband customers in 37 states. CenturyLink must offer qualifying households broadband access for less than $10 per month and a computer for less than $150 for a period of five years. It must also increase actual download speeds to at least four megabytes per second for most users and pledge not to raise prices in Minneapolis and Olympia (WA), where the two firms previously competed.
benton.org/node/55011 | Hill, The
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RURAL TELECOMS AND ICC REFORM
[SOURCE: telecompetitor, AUTHOR: Joan Engebretson]
Rural telecommunications groups have been working with a high degree of collaboration lately -- and comments filed at the Federal Communications Commission April 1 about intercarrier compensation are no exception. No less than seven rural telecom associations -- including the National Exchange Carrier Association (NECA), the National Telecommunications Cooperative Association (NTCA), the Organization for the Promotion and Advancement of Small Telecommunications Companies (OPASTCO), the Western Telecommunications Alliance (WTA), the Eastern Rural Telecom Association (ERTA), the Rural Alliance and the Rural Broadband Alliance -- signed the comments, which urge the FCC to take action to help rural carriers collect the full value of inter-carrier compensation they say is due to them. The associations urge the FCC to:
Confirm that under existing law, traffic originating from or terminating to interconnected VOIP services is subject to the same inter-carrier compensation rates as any other traffic originating from or terminating to the public switched telephone network. VoIP providers have argued that because VoIP is not a telecommunications service, it is not subject to such charges.
Adopt rule revisions applying call signaling requirements to all types of traffic originating or terminating on the PSTN, including mechanisms to avoid fraud and ensure compliance with such requirements. A range of carriers—from VoIP providers to wireless operators—have avoided paying access charges by failing to provide sufficient billing information, a phenomenon sometimes called “phantom traffic.”
Adopt reasonable rules to address rate development and allowed levels of earnings in access stimulation situations. Access stimulation, also known as “traffic pumping,” is when calls to a free conference call service or chat line are terminated through a rural competitive local exchange carrier that charges unusually high terminating access charges and shares in the revenue with the conference call or chat line operator. This practice affects carriers of all types, not just rural carriers.
benton.org/node/54986 | telecompetitor
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LIFELINE LINKUP PROCEEDING
[SOURCE: CommLawBlog, AUTHOR: Christine Goepp]
As part of its ongoing effort to modernize (and rationalize) the various elements of the Universal Service Fund (USF), the Federal Communications Commission has now turned its attention to Lifeline and Link Up. These two programs make up USF’s Low Income component, which seeks to make telecommunications accessible to those with low incomes. In a 98-page Notice of Proposed Rulemaking (NPRM) released March 4, the FCC has set out a number of proposals for possibly significant changes to its current approach. Many of those proposals implement recommendations from the Federal-State Joint Board on Universal Service (which we reported on here last fall), the Government Accountability Office, and the National Broadband Plan. The scope of the NPRM suggests that the FCC recognizes the daunting nature of the challenge it is undertaking. Whether -- and if so, when -- the FCC will ever be able to claim that it has met that challenge remains to be seen. But at least the FCC has made the first move in its quest. The focal points of the FCC’s Lifeline/Link Up reform efforts described in the NPRM are:
eliminating fraud, waste and abuse;
capping the Low Income Fund;
improving program administration; and
modernizing Lifeline and Link Up (including reimbursement for broadband, of course).
benton.org/node/54984 | CommLawBlog
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WIRELESS/SPECTRUM

SKEPTICISM FOR AT&T DEAL
[SOURCE: Wall Street Journal, AUTHOR: Spencer Ante, Amy Schatz]
One of AT&T's chief justifications for its proposed takeover of rival T-Mobile USA is that the combination would quickly improve network quality and help solve a looming shortage of wireless spectrum in some cities. AT&T executives say the denser cellular network would improve voice calls and data communications in urban areas and speed the construction of its faster fourth-generation data network. But some industry executives and former FCC officials are skeptical the merger is the best way to address AT&T's network needs. Instead, they say AT&T could add capacity to current cell towers or purchase under-utilized spectrum in a government-led auction, or from other companies. "Putting the two networks together does not create spectrum," said Gerald R. Faulhaber, a former chief economist of the Federal Communications Commission, who has worked as a consultant for AT&T and its rivals. Underlying the debate is the explosive growth of data usage on wireless networks as more Americans purchase smartphones and tablet computers, which allow consumers to more easily surf the Web, watch videos and download applications and games. James Taiclet, chief executive of American Tower Corp., a large independent owner and operator of cell sites, said AT&T and other wireless operators could double the amount of capacity they supply with current spectrum by investing more in new wireless equipment on existing cell towers. David J. Farber, a former chief technology officer of the FCC and a professor at Carnegie Mellon University, said there are swaths of valuable yet underutilized spectrum being used by the TV industry and the federal government that the government could repurpose for wireless use. AT&T counters that saying the government is moving too slowly, and that if it freed up spectrum today it would take five years before wireless operators could have devices up and running on it. Broadcasters are resisting the proposal, arguing they already gave back a large swath of airwaves when the U.S. switched to digital-only TV broadcasts. They also worry the plan isn't as voluntary as the FCC has advertised.
benton.org/node/55017 | Wall Street Journal
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WHITE HOUSE SPECTRUM AUCTION SUMMIT
[SOURCE: National Journal, AUTHOR: David Hatch]
The White House will host a April 6 summit titled "Spectrum Auctions: Unlocking the Innovative Potential of Wireless Broadband." The event will highlight the "economic benefits" of auctioning "under-utilized" spectrum, which include expanded wireless coverage and more revenue for the Treasury, the White House said. Participants in the event will include Austan Goolsbee, chairman of the Council of Economic Advisers; FCC Chairman Julius Genachowski; and Jason Furman, deputy director of the National Economic Council. In addition, experts from Stanford, Duke, Columbia and Google will participate. Absent from the roster are television broadcasters, which have begrudgingly agreed to participate in voluntary auctions to reallocate some of their spectrum to wireless carriers.
benton.org/node/55000 | National Journal
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PRIVACY

EPSILON BREACH
[SOURCE: Wall Street Journal, AUTHOR: Robert Daniel, Robin Sidel]
A data breach at one of the world's largest providers of marketing-email services may have enabled unauthorized people to access the names and email addresses for customers of major financial-services, retailing and other companies. While no financial information was compromised, the major concern is that the emails and names could be used for "phishing," that is, phony emails asking unsuspecting consumers to divulge information such as account numbers, log-ins or Social Security numbers. As a result, companies were warning customers that they don't ask for personal information, like credit-card and Social Security numbers, via email. On April 1, Dallas-based Epsilon, a subsidiary of Alliance Data Systems Corp., said that on March 30, "A subset of Epsilon clients' customer data [was] exposed by an unauthorized entry into Epsilon's email system. "The information that was obtained was limited to email addresses and/or customer names only," the company said, adding that no other information associated with those names was at risk." The company said an investigation is under way.
benton.org/node/55014 | Wall Street Journal
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FTC'S ANNUAL REPORT
[SOURCE: Federal Trade Commission, AUTHOR: Federal Trade Commission Chairman Jon Leibowitz]
The Federal Trade Commission Chairman issued the FTC’s 2011 Annual Report highlighting the agency’s continued efforts to protect financially distressed consumers and promote competition during the economic downturn. The report describes the agency’s accomplishments during the previous year, including:
Settling charges that Intel Corp. excluded chip rivals. To settle charges that it illegally used its dominant position for a decade to stifle competition and strengthen its computer chip monopoly, Intel agreed to no longer retaliate against computer manufacturers who do business with its rivals. The FTC’s consent order clears the way for competition unfettered by Intel’s exclusionary conduct.
Revising the Horizontal Merger Guidelines. In the first major update in 18 years, the 2010 Horizontal Merger Guidelines more accurately reflect how the federal antitrust agencies identify and evaluate mergers that are likely to harm competition. The revised Guidelines, issued jointly by the FTC and the Department of Justice, provide more clarity and predictability for businesses.
Releasing a staff report on privacy issues. Based on more than 40 years of enforcing privacy law, FTC staff proposed a framework to balance consumer privacy with industry innovation in the 21st century. Key recommendations include: 1) “privacy by design,” 2) simplified consumer choice, including 3) increased transparency of data practices.
Bringing cases against national advertisers. The FTC challenged health claims made by several national food advertisers, including Dannon Company, Kellogg Company, Nestlé HealthCare Nutrition, Inc., and POM Wonderful, and strengthened order language. These actions make clear that no advertiser can make disease prevention and health benefit claims without real substantiation.
Developing social media at the agency. The agency has information that tech-savvy consumers need to make informed choices, manage their finances, stay safe online, and avoid fraud. Consumers looking for up-to-date information on how to avoid the latest scams and schemes can now “like” the FTC on Facebook, “follow us” on Twitter, or check out educational videos on the FTC’s YouTube channel.
benton.org/node/55007 | Federal Trade Commission
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TELEVISION

THE END OF CABLE TV AS WE KNOW IT?
[SOURCE: AdAge, AUTHOR: Jim Louderback]
[Commentary] Lots of attention has been lavished on Time Warner Cable's attempt to stream TV networks over its IP network, and the subsequent backlash from those TV networks. But that's just one recent development that will lead to the end of the multichannel TV bundle as we know it today. Two other developments -- Adobe's new TV Everywhere authentication scheme and Comcast's drive towards non-system network licensing -- spell the beginning of a scorched-earth phase that will unfold over the next year or so. And when it's done, the media landscape will look entirely different. Here's what I think will happen. First, packages of multi-channel services will become unbundled from the physical transport -- so for example you'll be able to buy your TV shows from Comcast and your Internet service from Time Warner. But the individual TV networks will own the "Everywhere" authentication process, and begin to build a direct relationship with consumers. And once the bundles are unbundled -- and the networks have a direct line to the consumer -- the middleman (Comcast, Charter, Dish, DirecTV) will become disaggregated. And that means the end of the TV market as we know it.
benton.org/node/55004 | AdAge
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WALDEN ON AD DISCLOSURE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
At a Politico Pro event on April 1, House Communications Subcommittee Chairman Greg Walden (R-OR) said that if the Federal Communications Commission were to use its sponsorship ID enforcement powers to require on-air identification of the people who are actually paying for political commercials, he would go "nuclear." He said that he did not want the FCC regulating speech, according to an attendee. In this case, the reference was to a petition to the FCC filed by Media Access Project asking it to require on-air identification of the people who are paying for political commercials or issue ads.
benton.org/node/55002 | Broadcasting&Cable
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