May 2011

Senate Committee on the Judiciary
Thursday, May 26, 2011
10:00 a.m.
http://judiciary.senate.gov/hearings/hearing.cfm?id=5224



Public-safety network tees up House, Senate showdown

Lawmakers are laying the groundwork for a showdown between the chambers on the question of how to build a communications network for police and firefighters to talk to one another, as was recommended by the 9/11 Commission Report in 2004. After months of politicking on the issue, it's clear that the battle won't be fought along party lines but rather in a standoff between the House and Senate.

The top House Commerce Committee Democrat, Rep Henry Waxman (D-CA), revealed during a subcommittee hearing that he wants to team up with Republican committee members to create a House proposal. That means Democrats are just as divided on this issue as Republicans, who have been feuding over it for months.

Rep Waxman said in his opening statement: "Last month, I approached Chairman [Fred] Upton [R-MI] and Chairman [Greg] Walden [R-OR] and suggested that we emulate our Senate counterparts and work together on a bipartisan House bill that would provide for a nation-wide public safety network and make new spectrum available through incentive auctions. I hope they will take us up on this offer."

Rep Waxman was presumed to favor the auction of a valuable block of spectrum to commercial providers, rather than the reallocation of that block to public-safety agencies. He paired up with Republicans to draft a bill accomplishing that last year. But after saying little in public on the issue since his party assumed the minority, it was unclear whether Rep Waxman and a handful of other Commerce Committee Democrats would lend their support to a Senate proposal in order to help isolate the committee's Republicans, who favor a less expensive option.

Communications Subcommittee Chairman Greg Walden, House Commerce Committee Chairman Fred Upton (R-MI) and everyone else in the hearing room regardless of party affiliation were in agreement that first responders needed such a network, but the disagreement was over how to do it and how to pay for it.

Retransmission Revenue to Top $3.6 Billion through 2017

Although broadcast television station owners' share of retransmission dollars is under siege, SNL Kagan expects that total national retrans revenues will continue to rise thanks to the steady upward pressure on the monthly fees paid by multichannel operators to TV stations. That is despite an outlook for slower potential future growth of multichannel subs due to such things as over-the-top substitution. SNL Kagan’s study projects that total industry retrans fees could increase from $1.14 billion in 2010 to $3.61 billion by 2017, with average per-sub fees for cable MSOs potentially more than doubling over time from their 2010 levels through 2017.

Clearwire Investor Demands Spectrum Sale in Letter to Stanton

A Clearwire investor asked interim Chief Executive Officer John Stanton to reexamine a sale of spectrum holdings to help boost the stock price and the wireless service provider’s value to an acquirer. A sale of the rights to wireless frequencies that carry voice and data signals will help establish a higher value for Clearwire’s assets and free up cash, New York-based Pardus Capital Management said in a letter to Stanton and the board. This month, Stanton ruled out selling the spectrum in 2011 after considering offers. Pardus said Sprint Nextel, which owns more than half of Clearwire, may be preventing sale of the spectrum to hold down the company’s stock price and make a buyout easier later.

“Clearwire manages its business in the best interests of all of the company’s shareholders,” Mike DiGioia, a spokesman for Clearwire, said. “We have received Pardus’ inquiry, however, it is against our policy for us to discuss shareholder interactions publicly.”

Air war

It is a battle that has it all: power, money, entrenched interests, and a fair share of snark. It’s the spectrum war, where two of the major sets of players in the media business -- the broadcasters and the telecoms -- are battling over how to divide a path to consumers that the TV guys have controlled for decades.

The broadcasters are the ones carrying the scars, having already been forced two years ago to surrender 25 percent of the airwaves they held, when the federal government’s long-planned, long-delayed conversion from analog to digital TV finally went through. In this fight they, and their representatives at the National Association of Broadcasters, have been cast as the old guard, desperately trying to ward off change despite the fact that, thanks to the spread of cable and satellite, only about 40 million out of their 300 million-strong American audience comes to them exclusively via the airwaves these days.

Food makers resist lawmakers’ proposal for guidelines in marketing to children

The food and advertising industries are pushing back against an Obama Administration proposal that calls for food makers to voluntarily limit the way they market sugary cereals, salty snacks and other foods to children and teens.

From yogurt makers to candy manufacturers, they lined up to tell regulators that the first-ever proposed guidelines for marketing to children would not stop the childhood obesity problem but would certainly hurt their businesses and abridge their right to free speech. The guidelines, ordered by Congress and written by a team from the Federal Trade Commission, the Food and Drug Administration, the Centers for Disease Control and Prevention, and the Agriculture Department, ignited a debate about the role of marketing in soaring obesity rates among children. “I can't imagine any mom in America who thinks stripping tigers and toucans off cereal boxes will do anything to reduce obesity,” said Scott Faber, a vice president at the Grocery Manufacturers Association, which represents food makers and retailers. But public interest groups and health experts say tighter controls on advertising will make a difference. “It’s clear that food marketing to children is a big factor,” said Daniel Levy of the American Academy of Pediatrics.

YouTube users upload two days of video per minute

YouTube is celebrating its sixth birthday this month and has released some statistics in honor of the event that cement what we already know — people are really into online video. According to spokesman Jacques Hebert, users are now uploading about 48 hours — yep, two days — of video to the site every minute. That’s a 100 percent year- over-year increase, he said. YouTube attributes this bump to more live streaming events (such as the royal wedding), longer upload times and faster upload processing times. According to YouTube’s stats, global daily views have now exceeded 3 billion, a 50 percent increase from last year.

Republican pushes FCC for details on Google 'Wi-Spy'

Rep Tom Graves (R-GA) has written Federal Communications commission Chairman Julius Genachowski urging the FCC to release information about its investigation of Google's so-called "Wi-Spy" breach.

Rep Graves said he is concerned the FCC "has not yet shared any of the facts of this case with Congress." He urged Chairman Genachowski "to complete a full review expeditiously and provide a thorough report. This information will allow Congress to determine whether [legislative] action is necessary to prevent such a breach of private information in the future."

Internet activists, entrepreneurs warn G-8 leaders against restricting Web freedom

Internet activists and digital entrepreneurs warned that if global leaders attempt to limit access to the Web, their restrictions will be bypassed and they will become irrelevant.

The stark message adds to growing resistance — from big name companies like Google and Twitter to anonymous Internet vigilantes who have attacked government censorship networks — against creeping laws that might one day restrict services many users now take for granted. The leaders of the Group of Eight most powerful countries begin meeting in France on Thursday to discuss issues of global concern in the wake of the Arab uprising that have been described as the first Internet-enabled revolutions. “G-8 governments should say very clearly for once that Internet access is a fundamental human right,” said Jean-Francois Julliard, who heads free speech group Reporters without Borders. Julliard said more than 60 countries now have some form of Internet censorship in place, and that number is growing. Tony Wang, Twitter’s general manager for Europe, said attempts to crack down on free expression are self-defeating.

Litton to Supply Kids Block for ABC Stations

Starting this fall, Litton Entertainment will supply a three-hour block of programming to most ABC owned and operated TV stations and affiliates that is intended to meet their Federal communications Commission children’s educational programming obligation.

The six half-hour shows, packaged as the ABC Weekend Adventure, are set to make their debut on Sept. 3 from 9 a.m. to noon ET and air in pattern each Saturday at that time thereafter. Each of six shows will deliver 26 original episodes each year, including four best-of shows. That’s a total of 156 originals each year and it means that stations will only have to repeat a episode once each year. Litton CEO Dave Morgan said he was proud of the content of the shows and that he and the stations were giving young teenagers something other than “socially unattractive” programming like Jersey Shore to watch.

The block includes:

  • Jack Hanna's Wild Countdown engages animal lovers in a fun and fresh new format.
  • Ocean Mysteries takes viewers below the surface to explore the Earth's least understood resource, our oceans.
  • Born To Explore uncovers amazing facts of nature and man-made treasures.
  • Agents of Change is an inspirational program about people who confront challenges by taking control.
  • The Delicious Adventures of Claire Thomas is about culinary creations that are inspired by everyday life.
  • Culture Click is a hip social studies experience hosted by Nzinga Blake