September 2011

Netflix global expansion includes bigger DC lobby office

As Netflix sets its sights on expanding across the globe with plans for Asia and Europe, the Silicon Valley streaming giant is trying to beef up its lobbying and policy staff in Washington to work out an onslaught of international and U.S. issues that threaten its business. The company recently posted a position for senior manager of government relations to work for its local D.C. head, Michael Drobac. It may hire more staff as it grapples with issues such as online privacy for video service providers, network neutrality and Internet consumer billing issues such data caps.

San Francisco police help search for lost iPhone

San Francisco police officers helped Apple investigators look for a missing iPhone prototype that was left in a city restaurant in July, the police chief said, the second time in two years the company has lost an unreleased smartphone.

Police Chief Greg Suhr said that four plainclothes officers accompanied two Apple investigators who searched a San Francisco home for the iPhone prototype. Apple employees who contacted the department asking for help finding a lost item conducted the house search after asking the resident's permission, and the officers did not enter the home, according to police. Apple tracked the smartphone to the home using GPS technology, but the gadget wasn't found there, said Lt. Troy Dangerfield.

NBC Nabs Record $3.5 Million for Super Bowl Spots

With a good five months before the Super Bowl kicks off in Indianapolis on Feb. 5, NBC has nearly sold out all of its most valuable football inventory.

According to Seth Winter, senior vice president of NBC Sports Group Sales & Marketing, “literally a handful of units” remain available in its Super Bowl XLVI broadcast. An estimated 63 in-game slots were up for grabs; of these perhaps as few as six remain. Such is the strength of the market that NBC is guaranteed to smash all previous pricing records for the game. While Fox commanded $3 million per spot a year ago, NBC has raised the bar to as high as $3.5 million a pop.
Each Super Bowl unit sold thus far is attached to some other NBC Sports offering, Winter said. Key among these is the 17-day 2012 Summer Olympics spectacular, which will unfold in London July 27-August 12.

Despite fears that the NFL season would be delayed or scuttled altogether, sales of NBC’s Super Bowl inventory proceeded without interruption throughout the four-month labor dispute. In fact, two months after the lockout began on March 11, NBC had already sold half of its Super Bowl slots.

Instead of Slow, August was Just Hot

August, in DC, usually means a slow down. It's too hot, so Congress goes home, staffers escape to the beach, and tourists, ironically, move in. What a perfect time for your daily policy summary newsletter to take a break, too. But what your Headlines editor least wants to see upon his return, however, is an article that screams The Month That Changed Tech Forever! Instead of slow, August was just hot. We've written up a long (unsent) version of Headlines that tries to capture the biggest news from when we were away. Here's some highlights.

Third of UK companies block social media

Almost a third of UK companies are blocking their employees from using social networking sites such as Facebook and Twitter amid growing fears about Internet security, according to a study.

Highly publicized hacking incidents, such as the attack on Sony earlier this year, are causing a “knee-jerk” reaction among companies to clamp down on employees’ Internet use, said Andrew Wyatt, chief operating officer of Clearswift, the Internet security company that published the research. The number of UK companies blocking access to social media in the past year increased by a fifth, the Clearswift study found. Fifty-three per cent of managers had identified social media use as an issue of concern.

India May Need ‘Tens of Billions’ in Investments in Broadband Network

India needs to spend “tens of billions” of dollars to expand its broadband network, as Asia’s third-biggest economy targets better public access to information and services, an adviser to the government said.

The next phase of growth in India’s telecommunications industry will come from expansion of broadband connectivity to cover government offices, manufacturing and media, Sam Pitroda, the adviser on public information infrastructure to Prime Minister Manmohan Singh, said. Companies including Bharti Airtel Ltd. and Qualcomm Inc. last year bid 257 billion rupees ($5.6 billion) to buy licenses to offer wireless broadband Internet services in the world’s most populous nation after China. Japanese companies could use this opportunity to provide equipment and services in a market where the number of broadband connections is expected to jump 13-fold to 160 million by March 2015.

What Remains to Be Done

[Commentary] The 9/11 Commission has issued a disturbingly mixed report on the progress made in national security in the 10 years since the terrorist attacks. It found considerable improvements but also grave shortcomings that could leave the nation vulnerable to new and “likely successful attacks.” These include:

  • The “outrageous” failure thus far by Congress, as one commission member put it, to allocate radio spectrum space needed by first responders to avoid a repeat of the communications problems that cost many lives at ground zero. Congress has yet to decide whether to provide a dedicated public safety spectrum, as proposed by President Obama, or auction off wireless spectrum to commercial bidders who would then be required to provide access to the network during emergencies. Further delay is unconscionable if the nation is to deal adequately with terrorist attacks and disasters like Hurricane Katrina.

As the 9/11 anniversary approaches, it is clear that there can be no letdown in watchfulness. The bipartisan commission renders an important public service by tracking the progress and the unfulfilled promises made in the past 10 years.

Why Wireless Markets Are Concentrated

In telecommunications, market concentration itself is not surprising. The telephone business, after all, has long been one of the classic examples of an industry that exhibits the forces that lead toward “natural monopolies,” or at least oligopolies. Those forces include high fixed costs — the investment needed to build out networks — and the efficiencies that come from providing services to millions of customers.

The drive to build out more sophisticated, higher-speed wireless networks will considerably increase the capital costs for network carriers. “That will almost certainly increase the natural forces of market concentration,” said Eli Noam, an economist at the Columbia University Business School and director of the telecommunications research institute. But if markets are inevitably concentrated, Noam said, the policy challenge is to make the big players compete in the interests of consumers. “There are ways,” he said, “to prevent monopolists or oligopolists from becoming lazy.” The three options, Noam explained, are regulation, antitrust and doing nothing — betting that technological change will shake up markets.

The Justice Department is betting on options two and three. By blocking AT&T's acquisition of T-Mobile, DoJ hopes to keep the assets of T-Mobile out of AT&T’s hands. Those assets — in whole or in part — will pass to one or several companies, enhancing competition and choice, in theory. If the Justice Department succeeds, there may not be a lot more competition. But at least, the government asserts, AT&T will be forced to compete on its own rather than by removing a rival from the marketplace.

AT&T Plans to Woo US And Fight It

AT&T plans to approach the Justice Department to discuss conditions, including the sale of assets or the transfer of subscribers to other companies, that would allow its merger with T-Mobile to be completed.

AT&T has a strong incentive to determine how many conditions the Justice Department might impose on the proposed merger. If the costs of those conditions are “reasonably likely to be more than $7.8 billion,” according to the merger agreement, AT&T can walk away from the transaction without having to pay a breakup fee to T-Mobile of $3 billion in cash plus wireless airwaves worth an estimated additional $3 billion. Those are among the many tea leaves that watchers of the telecommunications industry have been poring over in the two days since the Justice Department filed a lawsuit seeking to block the proposed merger on antitrust grounds. It will be a delicate balancing act for AT&T to both fight the Justice Department in court, as it has vowed to do, and to try to cozy up to the antitrust officials and regulators by promising to shed assets and to agree to monitoring and regulation that the antitrust division would be likely to require for the merger to proceed. Apparently, AT&T has already started traveling down those dual tracks. While no date has been set for a settlement meeting with the Justice Department, AT&T may begin laying out its case later this month.

Legal expert: DOJ's suit against AT&T may be a negotiating tactic

The Justice Department's decision to sue to stop AT&T's merger with T-Mobile may be a negotiating tactic, according to an experienced antitrust lawyer.

“[The Justice Department] is in a better negotiating position if they negotiate once they've filed,” said David Balto, a former policy director for the Federal Trade Commission and a senior fellow with the Center for American Progress. Balto said the Justice Department’s complaint against AT&T is not as robust as he would expect if the agency planned to go to court. “There are no smoking guns,” Balto said. “The red meat is missing.” In particular, Balto said he would have expected the Justice Department to have included sworn statements from telecom executives. Balto said recent cases show the Justice Department is willing to file a complaint to gain leverage in negotiations.