May 2014

Chamber of Commerce defends US Internet oversight shift

The Chamber of Commerce is encouraging lawmakers to let the Commerce Department go forward with its controversial plans to relinquish its oversight role of technical Internet functions.

In a letter to lawmakers, Executive Vice President of Government Affairs Bruce Josten asked that the House not use the Commerce Department’s funding to constrain the administration’s Internet governance plans. The agency “should be allowed to take any needed steps to achieve the cautiousness and transparency that we agree is essential for a safe and smooth transition,” Josten wrote.

Consumers Received 1.3 Million ‘Copyright Alerts’ in 2013 as Part of Anti-Piracy Initiative

An anti-piracy program launched in 2013 by movie studios, record companies and Internet providers sent out 1.3 million alerts to consumers that they were accessing infringing content.

The figures for the first 10 months of the program were the first official numbers released by the Center for Copyright Information, the group set up to implement the voluntary industry agreement designed to curb online copyright infringement.

The Copyright Alerts are sent to consumers in a “tiered system,” in which the initial notices are designed to inform or even educate users about the presence of infringing material. But if a consumer continues to access pirated movies, TV shows or music, ignoring the alerts, they may face penalties after the fifth or sixth warning that includes having their service slowed.

The center said that less than 3% of alerts were sent out to give those final warnings -- what the organization called the “final mitigation stage.” Some 70% of alerts were for the “initial education stages.”

“Fans Trump Audiences”, Mary Meeker Tells Code Conference

Fans -- those completely entranced people who tweet and share and talk about their favorite TV shows and films and books and whatever else they care intensely about -- are increasingly far more valuable to networks and other content creators than just accreting big audiences, said Mary Meeker, the long-time Internet investment analyst. Meeker gave a brisk and broad-ranging rundown of major Internet trends as the opening speech at the 2014 Code Conference, the rebranded confab in Palos Verdes, California for Walt Mossberg and Kara Swisher’s new tech-news site Re/Code.

“Fans trump audiences,” Meeker said, crediting the observation to Netflix CEO Reed Hastings, who will speak before the show closes. “An audience changes the channel when the show is over. A fan base shares, comments, creates content” when the show is done, magnifying the show’s reach and engagement with existing and potential new audiences. That engagement with highly connected and passionate fans will become all the more important as more tablets and other smartphones are sold.

Facebook Seeks EU Antitrust Review of WhatsApp Deal

Facebook has asked European Union antitrust regulators to examine its $19 billion deal to buy messaging service WhatsApp, in an attempt to avoid other antitrust reviews by individual countries, people familiar with the matter said.

The move was unexpected because the deal already had been approved in the US and wasn't expected to face scrutiny by the European Commission, the EU's central antitrust authority. However, in light of potential reviews from different countries, Facebook is seeking one hearing that will cover the entire 28-nation bloc.

"Facebook might prefer to go to the commission than go before several national regulators, which would each ask it for information," said Thomas Graf, an antitrust lawyer with Cleary Gottlieb Steen & Hamilton in Brussels. The commission also might be expected to take a more neutral approach than national authorities, which would face vigorous lobbying from local interest groups such as national telecom companies, experts said.

The deal has raised concerns among Europe's telecom companies, which have warned that WhatsApp -- a service that acts as a replacement for text and picture messaging -- would give Facebook a dominant position in the market for instant messaging in Europe.

Community Fiber in Washington, DC, Seattle, and San Francisco

This report provides detailed accounts of planning carried out in connection with community fiber networks in Washington (DC), San Francisco, and Seattle.

It includes information about existing fiber assets that the cities identified, funding mechanisms that were considered, and roadblocks that were encountered. Our hope is that this report will be helpful to other cities that are considering launching fiber optic networks. The cities profiled in this report have each approached the question of community fiber differently.

  • Washington, DC made concessions and arrangements that allowed it to build a robust public-safety-quality fiber network, but limitations on the use of that network have made it unavailable to residents and businesses. Additionally, prices charged non-profits for use of the network are currently too high to be competitive with incumbent products.
  • San Francisco has been highly innovative in expanding fiber to public housing, aggressively leasing dark fiber to community anchor institutions such as libraries and schools, and ensuring free public Wi-Fi, but has not yet cracked the nut of alternative community residential or business fiber access.
  • Seattle has had an extensive city fiber loop in place since 1986, but regulations limiting use of poles and approvals for cabinets have slowed the rollout of competitive last-mile service. Seattle’s recent negative experience with Gigabit Squared (which was unable to execute on its last-mile promises and subsequently vanished from the scene) casts a shadow. Seattle’s current mayor appears to be determined to ameliorate both the regulatory burdens and the information asymmetries that have dogged the city.

Google Inc: Fanning the Fiber Flames

[Commentary] Portland (OR) is on Google's short list for its lightning-fast Fiber broadband network. Portland, along with eight other cities around the country, are taking regulatory steps to determine if signing a franchise agreement, a crucial step in the Google Fiber process, makes sense.

In Portland, we'll learn what the city council has decided after a vote on June 11. If early indications from current Fiber cities are any indication, there's good reason to be excited.

A door-to-door study conducted in Kansas City indicates Fiber customers are loving their $70 a month broadband access. Interestingly, most existing customers don't come close to actually using all that speed, but love it nonetheless. It's no wonder Portland, and the other cities on Google Fiber's short-list, are excited. But the upside of expanding Fiber's reach should go well beyond the nine cities, Google investor's should be just as giddy.

Some investors may question if Google's self-driving cars, Loon balloons, and other off-the-charts innovations will actually generate enough revenues to warrant the time and expense: but Google Fiber isn't one of them. Customers are screaming for an alternative to service-challenged cable and telecommunications companies, and are willing to pay for it. Keep the Fiber fires burning Google, both your new customers (here's one vote for Portland) and shareholders alike will thank you for it.

Small Market Gigabit Deployments Gain Steam with TDS, Comporium News

Judging by three separate announcements recently, gigabit broadband certainly seems to be catching on in smaller markets. TDS Telecom said that it has made gigabit Internet service available in Hollis (NH). And Comporium, which earlier announced plans for gigabit service in Rock Hill (SC) released additional details about those plans.

Comporium said its gigabit service will be available in a re-development zone planned for the former textile town. And in a pre-briefing about the announcement, Comporium public relations director Paul Kutz told Telecompetitor that the company expects to turn up its first gigabit customers around June 1.

The TDS and Comporium small market gigabit announcements come on the heels of an announcement from Bolt Fiber Optic Services, which said it plans to offer gigabit Internet service in northeastern Oklahoma.

5 Reasons Why Media Execs Top CEO Pay Lists

Once again, media company CEOs are among the highest paid executives in the nation, occupying six of the top 10 earning spots according to an Associated Press/Equilar study.

Compensation experts say a variety of factors are at play, including the gain in media stocks, the intangible value of talent in a hit-or-miss business, the control of shareholder power in very few hands, and the decline of the financial sector.

  1. Stock Outperformers: Outsized stock growth boosts the value of stock and option grants. Media companies' shares have rebounded strongly since the 2008 recession, mainly because advertising spending grows in tandem with a growing economy. That means higher-priced ads and higher-priced execs.
  2. Talent Quotient: Making it big in media means generating hits. And while top executives may not be hands-on with every decision, they are where the buck stops.
  3. Voting Power: Control of voting power by a single shareholder can dilute the impact of "say on pay" advisory votes, experts say. A major shareholder can override other shareholders' concerns.
  4. Other Industries' Decline: Lists in previous decades might have had more financial and banking executives. Since the Great Recession punished those companies with government bailouts, bank collapses, accounting revisions and writedowns, they have dropped in the pay rankings.
  5. All Boats Rise: When one company boosts pay, others compensate to remain competitive.

Comcast-Time Warner deal may hinge on anemic low-cost Internet plan

Comcast offered Internet Essentials shortly before its last big acquisition, when it bought NBC Universal in 2011.

To ease federal approvals of the transaction, the company promised that it would offer low-priced Internet connections and computers to low-income families. But the Federal Communications Commission, which approved the merger, didn’t set any participation requirements, or metrics to define success.

Now the cable and broadband giant, wants to buy Time Warner Cable, and again in an attempt to show regulators the deal is in the public interest, is offering to extend the program indefinitely and offer it to all Time Warner's customers too. The deal, if approved, will give Comcast control of about 40 percent of US Internet users.

The program makes for good public relations, but its real impact on the persistent problem of low-broadband adoption rates among the poor is negligible and is a weak substitute for a national strategy, advocates say. Of the 7.2 million low-income people in Comcast’s service area, only 2.6 million are eligible for Internet Essentials, according to data compiled by the Center for Public Integrity.

The program requires the participant’s household to include a child who is eligible for the federal school lunch program. Of that 2.6 million, only 300,000, or 12 percent, have signed up since Internet Essentials was launched in 2011. The low participation rate suggests that relying on merger conditions to make private companies provide what has become an essential tool to participate in society may not be the best approach to bridge the digital divide.

Comcast's Roberts: NYT Misreads Market

Comcast Chairman and CEO Brian Roberts said that the New York Times was entitled to their opinion, but that Comcast’s acquisition of Time Warner Cable is not going to create a colossus in the media space that would have too much power over video and Internet access.

Roberts said he did not think the paper's opposition would make the deal harder to sell and suggested that the paper's reading of the marketplace was off base.

"They got a lot of facts that I think they didn't quite look at right." For example, he said, NYT's comparison of the deal to creating a company akin to the pre-breakup AT&T. "In the days of AT&T there was only one phone company," he said. "It is truly an antiquated notion to say there is not competition in video."

He pointed out that Comcast had lost video customers for 26 straight quarters until two quarters ago. "It is a tremendously changing space...and I think they were looking at the wrong thing."

Responding to the criticism of Comcast's broadband subscriber footprint post-merger, Roberts said it was important to remember that Comcast and TWC don't compete with each other in broadband, so there will be no reduction in competition when they combine. He also pointed out that Comcast supports open Internet rules, or at least "the right kind of rules," that allow for investment and innovation. He said those should give consumers confidence that they aren't ever going to be slowed down or blocked.