June 2015

Time Warner Executives Set To Reap Big Financial Rewards

Time Warner Cable chairman and CEO Rob Marcus is set to reap $91.95 million in cash, stock and other benefits as a result of his company’s merger with Charter Communications, according to documents filed with the Securities and Exchange Commission. That payday -- $21.8 million in cash, $67.1 million in equity, $365,000 in perquisites and $2.6 million in “other” is a 15 percent premium to the $80 million Marcus would have received had TWC’s earlier merger plans with Comcast panned out. C

omcast terminated its merger with TWC on April 24, after it became apparent the deal would not pass regulatory muster. Other TWC executives also stand to cash in big as a result of the merger. According to the proxy statement filed June 26, chief operating officer Dinni Jain will receive $34.9 million; general counsel Marc Lawrence-Apfelbaum will receive $19.7 million; executive vice president Peter Stern will get $16.8 million in awards; and former chief financial officer Artie Minson, who resigned earlier in June to become CEO of online office space provider WeWork, will get $5 million.

Giants claim another title — this time for Wi-Fi connectivity

The San Fransisco Giants have won three championships in the last five years. The team now claims a different sort of title -- the most connected stadium in baseball. Over the years, the Giants and networking partner AT&T have been bulking up the stadium's ability to handle fans' phone calls, Web surfing and app usage. The stadium now has more Wi-Fi access points than any sports venue other than AT&T Stadium in Texas and it tops even that facility when it comes to number of hotspots per seat. And the team and AT&T aren't sitting still. Over the next year, they plan to increase the number of Wi-Fi hotspots by nearly a third. In terms of connectivity, the stadium has come a long way since it opened 15 years ago, when there weren't any Wi-Fi access points there, because few people were yet using the technology.

The Giants first installed hotspots in 2004. On opening day that season, AT&T Park had 120 access points that divvied up the 6 megabits per second worth of broadband that was coming into the stadium. A grand total of 94 fans connected to the hotspots using their laptops and Palm and Hewlett-Packard iPaq handheld computers. Today, the stadium has 1,302 hotspots -- or more than 20 per section -- that are sharing a 1-gigabit connection. Nearly 13,000 fans, or more than 30 percent of those attending, are connecting to the network each game. And that's not counting the private networks running on those same hotspots that are used by the baseball teams, ticket takers with their wireless electronic scanners, and the reporters and photographers covering the games. By the 2016 season, the team expects to have around 1,700 Wi-Fi access points in place.

Big Data vs. Best Data: The Future of You in a Networked World

[Commentary] With the advent of wearables, the connected home and other types of networked devices, we’ll all be asked to give the okay to allow certain actions to happen automatically as we offload some of the more mundane tasks in our lives to be automated. Many of those interactions are going to require some level of transaction, some level of initial decision or approval, for that automation to happen. We’ll need a system where we can readily ensure trust in our identity, where we know our identity is being protected, and that we are approving these myriad of transactions that are happening in the background, turning cloud data into action.

Let’s consider how we can begin to construct a digital identity that is as identifiable as a universal passport. For individuals, a big part of this will be establishing a unique digital footprint that develops and matures over time as we build a personal history of data, including permissions and approvals. For businesses, it will be imperative to empower customers along the path to a secure identity in this new world of hyperconnectivity and automation. That means companies of every size, industry and geography must start bridging the gap now between physical and digital worlds. Much of that can start with the transaction data that gets captured every day -- when you ask customers for a signature or other type of approval. It’s not necessarily the biggest data, but it is crucial data for capturing a host of “metadata” that will feed into these new unique digital portraits -- and it’s among the first steps of turning your cloud data into cloud action.

[Brad Brooks is CMO of DocuSign]

Study: TV Everywhere’s Getting Somewhere

Consumer awareness of authenticated TV Everywhere services remains a good news/bad news story -- it’s on the rise, but still has a steep hill to climb. In its first-quarter study on video trends that based findings on a survey of more than 3,140 consumers, TiVo-owned video search and recommendations specialist Digitalsmiths found that awareness has jumped 16 percent over the past two years, but almost half of consumers (44.5 percent) still are in the dark.

And, while almost a quarter of subscribers have downloaded their pay TV provider’s app, the vast majority still haven’t taken that step. For those that do download the apps, Digitalsmiths’s study also shed some light on which TV-oriented apps were the most popular in the period. ABC, at 6.5 percent, led the way, followed by CBS (5.7 percent), Hulu (6.1 percent), WatchESPN (5.5 percent), HBO Go (5.4 percent) and NBC (4.5 percent).

Benton Foundation Elects Leonard J. Schrager New Chairman

On June 22, 2015, the Benton Foundation Board of Directors elected Leonard J. Schrager as the Foundation’s new chairman, succeeding founder Charles Benton who died earlier this year. Schrager has been a Benton Foundation trustee since its inception in 1981.

“I am honored that the Benton Foundation Board of Directors has selected me to oversee the legacy of my great friend, Charles Benton,” said Schrager. “I look forward to furthering Charles’ vision that media and telecommunications serve the public interest and enhance our democracy.”

June 29, 2015 (Americans' Internet Access)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY, JUNE 29, 2015

How do we define “in the public interest” in the Digital Age? Find unique perspectives on communications policy debates in the Digital Beat blog https://www.benton.org/blog


INTERNET/BROADBAND
   Americans' Internet Access: 2000-2015 - Pew research
   Remarks of FCC Chairman Wheeler at The Brookings Institution - speech
   How States Are Fighting to Keep Towns From Offering Their Own Broadband
   Enabling competition from Google Fiber means FCC must reconsider pole attachment pricing - analysis
   Middle mile, dark fiber networks are needed to drive more rural broadband
   Why accountability and transparency need to be ICANN’s number one priority - AEI op-ed [links to web]
   Battle Cry of New Hampshire: No Fiber, No Votes - Susan Crawford op-ed
   The Wait-for-Google-to-Do-It Strategy - op-ed

NETWORK NEUTRALITY
   Network neutrality starts with a whimper
   Here’s How Charter Will Commit to an Open Internet - Marvin Ammori op-ed
   Why a top net neutrality activist took a gig with an Internet provider
   T-Mobile: Throttling policy for unlimited customers who hit 21 GB is OK under net neutrality
   A ‘Political Miracle’: What We Learned from the Net Neutrality and Comcast Fights - Candace Clement, Mary Alice Crim op-ed

TELEVISION
   FCC Chairman Wheeler: OTT Report And Order By Fall
   Nowhere To Go But Up For Retransmission Fees [links to web]
   How Television Won the Internet - Michael Wolff op-ed [links to web]
   Eisner Brings His Media Expertise to Local TV Markets [links to web]

ELECTIONS AND MEDIA
   FCC again signals no plan to require political ads to name top donors
   Battle Cry of New Hampshire: No Fiber, No Votes - Susan Crawford op-ed
   2016's campaign technology takes online tracking to new level

PRIVACY/SECURITY
   When a Company Is Put Up for Sale, in Many Cases, Your Personal Data Is, Too - analysis [links to web]
   House Pushed to Vote on Privacy Bill [links to web]
   FCC to start work on broadband privacy in fall
   Tech company finds stolen government log-ins all over Web [links to web]
   We’re Losing the Cyber War - L Gordon Crovitz editorial [links to web]

OWNERSHIP
   High-Profile Study Turns Up the Antitrust Heat on Google [links to web]
   Chairman Wheeler Response to Senator Franken Regarding Charter Communications' Proposed Merger [links to web]
   A ‘Political Miracle’: What We Learned from the Net Neutrality and Comcast Fights - Candace Clement, Mary Alice Crim op-ed

SPECTRUM/WIRELESS
   T-Mobile vows to keep up fight on wireless auction rules [links to web]
   T-Mobile Should Stop Complaining and Start Investing in Rural America - AT&T press release [links to web]
   Chairman Wheeler's Response To Rep Chabot Regarding Small Business Participation in AWS-3 Auctions [links to web]

TELECOMMUNICATIONS
   Chairman Wheeler's Response to Sen Warner Regarding Selection of Local Number Portability Administrator [links to web]

DIVERSITY
   Behind Silicon Valley’s Self-Critical Tone on Diversity, a Lack of Progress

CONTENT
   Sirius XM Settles Royalty Dispute Over Old Recordings [links to web]
   There's a special place for those who quash hyperbole in online comments -- op-ed [links to web]

CIVIC ENGAGEMENT
   A ‘Political Miracle’: What We Learned from the Net Neutrality and Comcast Fights - Candace Clement, Mary Alice Crim op-ed
   There's a special place for those who quash hyperbole in online comments -- op-ed [links to web]

EDUCATION
   How Data-Driven Instruction is Making Learning More Personal - Verizon press release [links to web]

STORIES FROM ABROAD
   Be Careful What You Wish For: Why Europe Should Avoid the Mistakes of US Internet Access Policy - Susan Crawford, Ben Scott
   AT&T to spend $3 Billion to cover 100 Million Mexicans with LTE by 2018 [links to web]
   The Digital Dividend: a revolution in technology - ITU press release [links to web]

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INTERNET/BROADBAND

AMERICANS' INTERNET ACCESS: 2000-2015
[SOURCE: Pew Internet and American Life Project, AUTHOR: Andrew Perrin, Maeve Duggan]
The Pew Research Center’s unit studying the Internet and society began systematically measuring Internet adoption among Americans in 2000. Since then, Pew Research has conducted 97 national surveys of adults that have documented how the internet has become an integral part of everyday life across diverse parts of society. For young adults, Americans with high education levels, and those in relatively affluent households, Internet penetration nears full saturation levels. The report finds that, in 2000, 70 percent of those ages 18-29 used the Internet, and that figure has steadily grown to 96 percent in 2015. In contrast, 14 percent of seniors used the internet in 2000, while 58 percent do so today. In addition, almost all adults (95 percent) with a college or graduate degree say they are internet users, and 97 percent of those who live in households earning more than $75,000 are also online. “There are two broad trends in these data,” says Maeve Duggan, Research Associate at Pew Research Center. “The first is that the groups traditionally leading the way in tech adoption -- the young, highly educated and relatively well off – are now nearly all Internet users. The second is that groups traditionally less likely to be early adopters have steadily increased their Internet use. Especially in recent years, the rate of adoption has been particularly rapid. However, digital differences still remain.” Other findings include:
African-Americans and Hispanics have been somewhat less likely than whites or English-speaking Asian-Americans to be internet users. Today, 78 percent of blacks and 81 percent of Hispanics use the Internet, compared with 85 percent of whites and 97 percent of English-speaking Asian Americans.
Men and women have had rough parity in Internet adoption since 2000. Today, 85 percent of men and 84 percent of women report being Internet users.
Those who live in rural areas are less likely than those in the suburbs and urban areas to use the Internet. In 2000, 56 percent of suburban residents, 53 percent of urban residents and 42 percent of rural residents were Internet users. Today those figures stand at 85 percent, 85 percent and 78 percent respectively.
benton.org/headlines/americans-internet-access-2000-2015 | Pew Internet and American Life Project
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[SOURCE: Federal Communications Commission, AUTHOR: FCC Chairman Tom Wheeler]
It's pedal to the metal on broadband policy -- for both consumers and competitors. My message today is simple: the job of the Federal Communications Commission is to exercise its authority with both discretion and determination so that technology, competition, investment and consumer empowerment are able to work together to reach our nation's broadband goals. Broadband is the most powerful and pervasive network in the history of the planet. Suggestions that it be without fully effective oversight are unthinkable. But the kinds of oversight designated by the Open Internet order are a new regulatory model designed for new network times. I keep describing this oversight as a "referee on the field who can throw the flag." As we push onward into the broadband future, our challenge continues to be assuring that the preconditions for broadband ignition are as widespread as possible. The best tools for accomplishing that are competition and consumer demand. So let's be clear. We're not going to let up on protecting and promoting broadband competition. And, finally, let's be clear. We should not and will not let up on our policies that make broadband more available. Converting universal service programs from their narrowband origins to broadband is amount our most important initiatives.
benton.org/headlines/remarks-fcc-chairman-wheeler-brookings-institution | Federal Communications Commission
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HOW STATES ARE FIGHTING TO KEEP TOWNS FROM OFFERING THEIR OWN BROADBAND
[SOURCE: Pro Publica, AUTHOR: Leticia Miranda]
The attorneys general in North Carolina and Tennessee have recently filed lawsuits in an attempt to overrule the Federal Communications Commission and block towns in these states from expanding publicly funded Internet service. North Carolina’s attorney general argued in a suit filed in May that the “FCC unlawfully inserted itself between the State and the State’s political subdivisions.” Tennessee’s attorney general filed a similar suit in March. Tennessee has hired one of the country’s largest telecommunications lobbying and law firms, Wiley Rein, to represent the state in its suit. The firm, founded by a former FCC Chairman, has represented AT&T, Verizon and Qwest, among others. James Tierney, director of the National State Attorneys General Program at Columbia Law School, said it is not unusual for attorneys general to seek outside counsel for specialized cases that they view as a priority. Asked about the suit, the Tennessee attorney general’s office said, “This is a question of the state’s sovereign ability to define the role of its local governmental units.” North Carolina Attorney General’s office said in a statement that the “legal defense of state laws by the Attorney General’s office is a statutory requirement.”
benton.org/headlines/how-states-are-fighting-keep-towns-offering-their-own-broadband | Pro Publica
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ENABLING COMPETITION FROM GOOGLE FIBER MEANS FCC MUST RECONSIDER POLE ATTACHMENT PRICING
[SOURCE: Fierce, AUTHOR: Sean Buckley]
[Commentary] Google Fiber's plans to bring its 1 Gbps service into Salt Lake City (UT) and Nashville (TN) by using existing utility poles in each city not only sheds light on its ongoing buildout strategy, but also shows how important access to utility poles at reasonable rates is key to expanding broadband services. In Salt Lake City, Google will deploy 600 miles of fiber, which will be attached to more than 20,000 utility poles which will then be attached to a point of presence on the ring. The Nashville fiber deployment will have a similar configuration as Salt Lake City, with some differences. It plans to deploy 3,200 miles of fiber, install 18 fiber huts, and attach fiber to at least 100,000 utility poles. While the service provider did not reveal the terms of the agreements, the Internet company has cited gaining rights of way to utility poles as a key issue in what cities it will target with its 1 Gbps service. Despite the challenges service providers face, industry associations are working to ensure the FCC is paying attention. COMPTEL, the advocacy group for competitive providers, recently filed a joint petition with Level 3 Communications asking the FCC resolve the lingering issue over pole attachment rates for cable and telecom providers. The two commenters asked the FCC to grant the pending petition for reconsideration of the regulator's 2011 Pole Attachment Order. While the FCC has a lot on its plate in 2015, including court challenges to its new net neutrality rules and a host of multibillion-dollar acquisitions to review, if they're serious about driving competition they need to make the pole attachment issue a priority.
benton.org/headlines/enabling-competition-google-fiber-means-fcc-must-reconsider-pole-attachment-pricing | Fierce
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MIDDLE MILE, DARK FIBER NETWORKS ARE NEEDED TO DRIVE MORE RURAL BROADBAND
[SOURCE: Fierce, AUTHOR: Sean Buckley]
Whether it's the broadband stimulus program or the Connect America Fund, there has been no shortage of efforts in recent years to drive broadband into rural areas. However, a growing number of service providers say that there should be more focus on providing middle mile fiber-based networks that can backhaul traffic and connect with major Internet peering points. Speaking during the JSA Telecom Exchange event, a group of panelists that operate in rural areas agreed that new government programs should mandate that applicants build out dark fiber networks where they sell wholesale to other service providers. One of the key challenges any service provider has is making a business case to serve a rural market because the return on investment is harder to justify because there aren't as many customers to address than it is in a major metro area. Peter Aquino, chairman, president and CEO of Broad Valley Micro Fiber Networks, said that in order to effectively make a business case to invest in bringing fiber to rural markets, service providers need a three-pronged approach that includes: an anchor tenant, customer demand, and some way to supplement the business case with government programs. These programs could include the USDA's Community Connect grants and the FCC's Connect America Fund I and II.
benton.org/headlines/middle-mile-dark-fiber-networks-are-needed-drive-more-rural-broadband | Fierce
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WAIT-FOR-GOOGLE
[SOURCE: Technology Review, AUTHOR: James Surowiecki]
[Commentary] It’s too often said that some event “changed everything” in technology. But when it comes to the history of broadband in the United States, Google Fiber really did. Before February 2010, when Google asked cities to apply to be first in line for the fiber-optic lines it would install to deliver Internet service to homes at a gigabit per second, the prospects for upgrading Americans’ wired broadband connections looked dismal. The Federal Communications Commission was on the verge of releasing its first National Broadband Plan, which stressed the importance of affordable, abundant bandwidth and the need to spread it by “overbuilding”—stringing fiber to houses and businesses even if they already had service over cable and phone lines with relatively low capacity. Yet at the time, as Blair Levin, executive director of the broadband plan, told me, “for the first time since 1994, there was no national provider with plans to overbuild the current network.” This was not because of technological hurdles. Instead, it was a simple matter of incentives. Building much faster networks was an expensive task, one that would require the kind of hefty capital expenditures that Wall Street typically frowns upon. And since Internet service in most cities was supplied by either a near monopoly or a cozy duopoly in which the two players—typically a cable company and a major telecom provider—barely competed against each other, there was little competitive pressure to improve. As long as all the players kept the status quo intact, it seemed, Internet providers could look forward to years of making sizable profits without having to put much money into their networks. Five years later, things look very different. The United States is still behind Sweden and South Korea. But fiber-to-the-home service is now a reality in cities across the country. Google Fiber, which first rolled out in Kansas City in the fall of 2012, is now operating in Austin, Texas, and Provo, Utah, and Google says it will expand next to Atlanta, Salt Lake City, Nashville, and Charlotte and Raleigh-Durham, North Carolina, with another five major metro areas potentially on the horizon. The biggest impact, though, has arguably been the response from big broadband providers.
benton.org/headlines/wait-google-do-it-strategy | Technology Review
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NETWORK NEUTRALITY

NETWORK NEUTRALITY STARTS WITH A WHIMPER
[SOURCE: The Hill, AUTHOR: David McCabe]
While the Federal Communications Commission’s new network neutrality rules are now in effect, consumers are unlikely to have noticed. And so far, just a single complaint has been filed against an Internet service provider for violating the ban on paid prioritization, which is when a provider favors the traffic of a service that pays them. But many regard that complaint — filed by San Diego based Commercial Network Services against Time Warner Cable — as unlikely to succeed. Other than that complaint, the only action related to net neutrality at the FCC in the last two weeks was a petition that referenced new privacy rules that will be enforced against Internet providers. But the filing by Consumer Watchdog concerned edge providers, including companies such as Google and Facebook, and simply uses the net neutrality order as a point of reference. It’s a far cry from the clamor that preceded the implementation of the rules.
benton.org/headlines/network-neutrality-starts-whimper | Hill, The
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HERE'S HOW CHARTER WILL COMMIT TO AN OPEN INTERNET
[SOURCE: Wired, AUTHOR: Marvin Ammori]
[Commentary] Today, we have another merger, which means another network neutrality condition on offer. Charter, a relatively small cable company, is buying the second-largest provider, Time Warner Cable, and an affiliated company called Bright House Networks. Charter’s merger sales pitch is pretty straight-forward: it argues that it has always been too small to bully Internet companies, TV makers, and its own customers, so it has“un-cable” practices they hope to extend. The slowest speed the company usually offers is 60 Mbits, which is great for online TV, and Charter has no data caps, usage-based charges, or modem-rental fees. Charter also posts a laudable no-cost interconnection policy for Internet backbone companies, and Charter has never been accused of any network-neutrality violations. Still, we must “trust, but verify.” We need to ensure that Charter will not lose its way after taking over Time Warner and becoming four times larger. That’s where merger commitments come in. In its legal application filed with the FCC, Charter makes its case that the merger will benefit the public, and offers several legally enforceable commitments. The FCC will review the application, along with the initial commitments made, likely for the next six months, with input from the public. Charter hired me -- which, to be honest, took some humility on its part since I have helped lead public campaigns against cable companies like Charter -- to advise it in crafting its commitment to network neutrality. After our negotiation, I can say Charter is offering the strongest network neutrality commitments ever offered -- in any merger or, to my knowledge, in any nation.
[Marvin Ammori is a Senior Fellow at the Democracy Fund and advises many clients supporting net neutrality.]
benton.org/headlines/heres-how-charter-will-commit-open-internet | Wired
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WHY A TOP NET NEUTRALITY ACTIVIST TOOK A GIG WITH AN INTERNET PROVIDER
[SOURCE: Washington Post, AUTHOR: Brian Fung]
At the height of the war over network neutrality, Marvin Ammori was one of the most outspoken critics of Internet providers, calling for tough new rules to make sure they don't block, slow or selectively speed up Web sites in exchange for cash. Now he's been hired by the very industry he spent so long attacking. So why has Ammori switched sides? As part of its attempt to buy up Time Warner Cable, Charter is offering certain concessions that it hopes will defuse any regulator concerns about the deal being anti-competitive. A net neutrality commitment is just one of these -- and Ammori says he helped write it. "Charter is offering the strongest network neutrality commitments ever offered -- in any merger or, to my knowledge, in any nation," Ammori wrote. "It certainly wasn't 'Marvin, cheerlead for us,'" said Ammori. "It was, 'Give us advice,' and I definitely signaled to them that you can't bring a merger nowadays without bringing strong net neutrality conditions." Charter is part of the cable association that's currently suing to have the net neutrality rules overturned. But Charter clearly hopes that having the stamp of approval from a major net neutrality advocate will grease its path at the Federal Communications Commission, which must approve the TWC deal. Now it's time to see if that strategy will pay off.
benton.org/headlines/why-top-net-neutrality-activist-took-gig-internet-provider | Washington Post
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T-MOBILE: THROTTLING POLICY FOR UNLIMITED CUSTOMERS WHO HIT 21 GB IS OK UNDER NET NEUTRALITY
[SOURCE: Fierce, AUTHOR: Phil Goldstein]
T-Mobile US said its network management policy of throttling the speeds of smartphone customers on its unlimited LTE plans once they hit 21 GB of data usage in a month and are on congested cell sites is permitted under the Federal Communications Commission's network neutrality rules. "We love anything that puts consumers first," T-Mobile said. "Supporting a free and open Internet is no exception. We adhere to net neutrality rules which ban throttling on the basis of content, applications, services or non-harmful devices while allowing for reasonable network management and customer choice." T-Mobile recently updated its disclosures about when customers on unlimited plans might see slower speeds. "Unlimited 4G LTE customers who use more than 21 GB of data in a bill cycle will have their data usage de-prioritized compared to other customers for that bill cycle at locations and times when competing network demands occur, resulting in relatively slower speeds," is the new fine print on T-Mobile's website for its plans.
benton.org/headlines/t-mobile-throttling-policy-unlimited-customers-who-hit-21-gb-ok-under-net-neutrality | Fierce
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TELEVISION

FCC Chairman WHEELER: OTT REPORT AND ORDER BY FALL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commission Chairman Tom Wheeler said that he expected to vote on a report and order on defining some over-the-top video providers as multichannel video programming distributors (MVPDs) by Fall 2015. In a speech at the Brookings Institution about promoting broadband, Chairman Wheeler said that one way to do that would be to "give over-the-top video providers the ability to choose the same business model as cable and satellite providers, with the same program access rights." Saying OTT's were lining up to "expand video choice," Chairman Wheeler added, "We expect to move that [proposal] to a report and order this fall." He has already proposed that for "linear" OTT providers -- ones who provide day and date lineups of content channels similar to cable and satellite operators, have nondiscriminatory access to programming affiliated with competing cable and satellite distributors -- but the FCC has yet to vote on the proposal. In December 2014, the FCC launched the rulemaking to define some online video providers (OVDs) as MVPDs, at least with respect to access to cable and TV station programming. The item proposed is to require that linear OVDs be given access to cable-affiliated programming and local TV station broadcasts regardless of whether or not they have facilities based distribution platforms. Beyond that, it tees up lots of questions about how to apply that definition and the ramifications of doing so.
benton.org/headlines/fcc-chairman-wheeler-ott-report-and-order-fall | Broadcasting&Cable
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ELECTIONS AND MEDIA

FCC AGAIN SIGNALS NO PLAN TO REQUIRE POLITICAL ADS TO NAME TOP DONORS
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
Federal Communications Commission Chairman Tom Wheeler again signaled his agency is not focusing on a Democratic push that would require some political ads to name the top donors behind them. Chairman Wheeler, instead, pointed to another FCC proposal that would expand an online database that includes information about political advertising buys around the country. "Currently, the commission is concentrating its resources on a proceeding to expand the online file requirements to cable operators, satellite TV providers, broadcast radio licensees, and satellite radio licensees," Chairman Wheeler wrote in a letter to Senate Commerce Committee Ranking Member Bill Nelson (D-FL), who has pushed for increased disclosure in political ads. "The expanded rules, if adopted, will bring sunlight to political advertising, ensuring that the public has access to the political files of all broadcasters and [satellite and cable companies], not just television broadcasters," Chairman Wheeler added.
benton.org/headlines/fcc-again-signals-no-plan-require-political-ads-name-top-donors | Hill, The | Sen Nelson Letter | Chairman Wheeler Letter
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BATTLE CRY OF NEW HAMPSHIRE: NO FIBER, NO VOTES
[SOURCE: Medium, AUTHOR: Susan Crawford]
[Commentary] In the months to come, we may have upwards of 20 men and women, accompanied by zillions of staff and supporters, tromping around the great state of New Hampshire, making significant eye contact and asking for votes in preparation for the February 9 primary. And they will all have the same problem: They won’t be able to communicate. I don’t mean that they won’t be able to go to town halls and shake hands; there will be plenty of that. But their staffs will often find it incredibly frustrating to send around the large digital files  --  say, pictures, or video, or that killer PowerPoint presentation mapping county-by-county strategy  --  that are essential to any campaign. Why? Because New Hampshire, our nation’s 42nd most populous state, has lousy connectivity. The FCC defines high-speed Internet access to be 25 Mbps down/3 Mbps up these days, and more than a third of the rural population in New Hampshire (most of which votes Republican, by the way) can’t buy that kind of connection at any price. Fewer than one out of every six urban New Hampshire residents can buy that connection even if they want it: the wire just doesn’t exist in their town. So here’s a plea to the flinty people of New Hampshire: Don’t let those candidates leave the town meeting hall until they explain how they will open up your homes  -- and that of your rural brethren across the nation  --  to the 21st Century. We need a plan, and it will have to come from the top in order to work.
[Susan Crawford is co-director of the Berkman Center for Internet & Society at Harvard University]
benton.org/headlines/battle-cry-new-hampshire-no-fiber-no-votes | Medium
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CAMPAIGN 2016
[SOURCE: San Jose Mercury News, AUTHOR: Josh Richman]
Presidential campaigns this time around have a new technological ace in the hole -- you. Building off two decades of digital wizardry, the campaigns are getting ready to monitor and analyze most of what you do online instantaneously. And if you forward certain political emails to your Aunt Maggie in Iowa or your old college roommate in Ohio, they'll reward you for doing it. The technology will no doubt make it easier for campaigns to personalize their messages and respond in seconds, but it will also test the will and patience of privacy advocates who might feel a little itchy about campaigns looking over everyone's shoulders in real time. "Four years in the digital age is like a generation in the industrial age, so whatever data mining they did four years ago will look like an antique now," said Andrew Rasiej, founder of New York-based Personal Democracy Media, which tracks the intersection of technology and politics.
benton.org/headlines/2016s-campaign-technology-takes-online-tracking-new-level | San Jose Mercury News
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PRIVACY

FCC TO START WORK ON BROADBAND PRIVACY IN FALL
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
The Federal Communications Commission will start the rulemaking process Fall 2015 to clarify its expanded privacy authority under new Internet rules. Federal Communications Commission Chairman Tom Wheeler made the revelation during a speech, in which he gave a strong defense of the commission's broadband policies, from recent network neutrality rules to a pair of scuttled mergers. One unsettled issue under the net neutrality order is the FCC's expanded authority to protect broadband customers' privacy -- an authority that has traditionally applied to telephone companies. The FCC released an advisory in May saying it would initially judge Internet providers, like AT&T or Comcast, on whether they are "taking reasonable, good-faith steps" to comply with the general privacy provision, until tailored rules can be developed. "If consumers worry that they don't have sufficient privacy online, why are they going to use online?" Chairman Wheeler asked, adding it is "integral to the growth of broadband."
benton.org/headlines/fcc-start-work-broadband-privacy-fall | Hill, The
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DIVERSITY

SILICON VALLEY DIVERSITY
[SOURCE: New York Times, AUTHOR: Mike Isaac]
[Commentary] It is as if these large tech companies are all reading from the same public relations playbook, delivering slight variations on the same self-effacing message on diversity. But while they all seem to acknowledge that there is much improvement to be made, the repetition of the statements provides a reminder that there has been little progress so far. Tech companies say that greatly increasing the diversity of their work forces cannot happen overnight because the pipeline of qualified candidates is not very diverse. But civil rights advocates say that is hardly an excuse for a lack of diversity companywide. The limited progress has left advocates for greater diversity pushing hard for more. But for now, little has changed. And for the foreseeable future, these tech companies are likely to keep delivering the same message: They have much more work to do.
benton.org/headlines/behind-silicon-valleys-self-critical-tone-diversity-lack-progress | New York Times
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CIVIC ENGAGEMENT

WHAT WE LEARNED FROM THE NET NEUTRALITY AND COMCAST FIGHTS
[SOURCE: Medium, AUTHOR: Candace Clement, Mary Alice Crim]
[Commentary] Over the past few months we’ve been thinking about everything we learned in the fights over the fate of the Internet. Many of these lessons will be useful to other movements confronting deep-pocketed foes  --  and overwhelming odds. Here are our biggest takeaways:
People power is real. Too often the story that gets told is about powerful players brokering deals behind the scenes. But the powerful players in these fights were everyday people.
Collaborative coalitions heighten impact. No single organization or individual can do it all. By working with groups whose missions range from saving the environment to promoting small businesses, we were able to pool our resources and rely on each other’s strengths.
Racial diversity matters. We couldn’t have won either of these fights without the work of both new and longstanding civil rights groups like 18 Million Rising, the Center for Media Justice, ColorOfChange.org, the Media Mobilizing Project, the National Hispanic Media Coalition and Presente.org.
Stick to your principles. We were careful to stake out clear positions and stand our ground from the very beginning.
Target the people who can give you what you want. Institutions don’t make decisions  --  people do. Activists needed to know that the people with the power to protect the Internet were at the Federal Communications Commission, and that the most powerful person there was Chairman Wheeler.
Build with champions. Years of working alongside key leaders like Sens. Al Franken, Angus King and Ed Markey as well as Reps. Anna Eshoo and Keith Ellison meant they had the facts they needed to advocate for Net Neutrality.
Do your research. People in the halls of power need political cover and grassroots support to stick their necks out for a given cause.
Don’t be too serious. Camp out. Have dance parties. Bring along a giant Jumbotron. Wear costumes and cover the FCC’s front lawn with cats.
Exploit the public’s distaste for your enemies.
Independence is important. Independence from business, government and political parties can help groups challenge big companies and elected officials.
The Internet is a powerful constituency  --  and we’re just getting started. Support for the open Internet is overwhelming and ranges across the political spectrum.
[Candace Clement is Internet Campaign Director, and Mary Alice Crim is Field Director, for Free Press]
benton.org/headlines/political-miracle-what-we-learned-net-neutrality-and-comcast-fights | Medium
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STORIES FROM ABROAD

BE CAREFUL WHAT YOU WISH FOR: WHY EUROPE SHOULD AVOID THE MISTAKES OF US INTERNET ACCESS POLICY
[SOURCE: stiftung neue verantwortung, AUTHOR: Susan Crawford, Ben Scott]
Over the last few years, policy makers in the European Union have elevated the digital agenda to the highest tier of regional objectives. To reach certain goals, EU policy makers have looked at the results in the US high-speed Internet access market to find insights and alternative regulatory approaches. This policy brief offers a summary analysis of data from the US and EU high-speed Internet access markets to highlight the relationship between policy choices and market outcomes. Our purpose is to debunk the mythology about the robust success of American high-speed Internet access policy and to support clear-eyed decisions in Brussels that will foster a robust Digital Single Market. Far from reversing course and following the US down the road to divided markets, high prices, and sluggish upgrades, the EU has the opportunity to continue promoting the competitive market framework that has served European consumers well. The goal of policy in this arena, after all, is not investment for its own sake but, rather, investment within the context of a competitive market that prompts the delivery of better services and spurs greater adoption. Most importantly, adoption should be the primary objective, because that is what drives widespread economic activity. But without the lower prices for better services that competition will bring, adoption will not increase. This competitive framework also has the virtue of better promoting the creation of new digital businesses and thus supporting European innovation.
benton.org/headlines/be-careful-what-you-wish-why-europe-should-avoid-mistakes-us-internet-access-policy | stiftung neue verantwortung
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Behind Silicon Valley’s Self-Critical Tone on Diversity, a Lack of Progress

[Commentary] It is as if these large tech companies are all reading from the same public relations playbook, delivering slight variations on the same self-effacing message on diversity. But while they all seem to acknowledge that there is much improvement to be made, the repetition of the statements provides a reminder that there has been little progress so far.

Tech companies say that greatly increasing the diversity of their work forces cannot happen overnight because the pipeline of qualified candidates is not very diverse. But civil rights advocates say that is hardly an excuse for a lack of diversity companywide. The limited progress has left advocates for greater diversity pushing hard for more. But for now, little has changed. And for the foreseeable future, these tech companies are likely to keep delivering the same message: They have much more work to do.

Network neutrality starts with a whimper

While the Federal Communications Commission’s new network neutrality rules are now in effect, consumers are unlikely to have noticed.

And so far, just a single complaint has been filed against an Internet service provider for violating the ban on paid prioritization, which is when a provider favors the traffic of a service that pays them. But many regard that complaint — filed by San Diego based Commercial Network Services against Time Warner Cable — as unlikely to succeed. Other than that complaint, the only action related to net neutrality at the FCC in the last two weeks was a petition that referenced new privacy rules that will be enforced against Internet providers. But the filing by Consumer Watchdog concerned edge providers, including companies such as Google and Facebook, and simply uses the net neutrality order as a point of reference. It’s a far cry from the clamor that preceded the implementation of the rules.

The Wait-for-Google-to-Do-It Strategy

[Commentary] It’s too often said that some event “changed everything” in technology. But when it comes to the history of broadband in the United States, Google Fiber really did.

Before February 2010, when Google asked cities to apply to be first in line for the fiber-optic lines it would install to deliver Internet service to homes at a gigabit per second, the prospects for upgrading Americans’ wired broadband connections looked dismal. The Federal Communications Commission was on the verge of releasing its first National Broadband Plan, which stressed the importance of affordable, abundant bandwidth and the need to spread it by “overbuilding”—stringing fiber to houses and businesses even if they already had service over cable and phone lines with relatively low capacity. Yet at the time, as Blair Levin, executive director of the broadband plan, told me, “for the first time since 1994, there was no national provider with plans to overbuild the current network.” This was not because of technological hurdles. Instead, it was a simple matter of incentives. Building much faster networks was an expensive task, one that would require the kind of hefty capital expenditures that Wall Street typically frowns upon. And since Internet service in most cities was supplied by either a near monopoly or a cozy duopoly in which the two players—typically a cable company and a major telecom provider—barely competed against each other, there was little competitive pressure to improve. As long as all the players kept the status quo intact, it seemed, Internet providers could look forward to years of making sizable profits without having to put much money into their networks.

Five years later, things look very different. The United States is still behind Sweden and South Korea. But fiber-to-the-home service is now a reality in cities across the country. Google Fiber, which first rolled out in Kansas City in the fall of 2012, is now operating in Austin, Texas, and Provo, Utah, and Google says it will expand next to Atlanta, Salt Lake City, Nashville, and Charlotte and Raleigh-Durham, North Carolina, with another five major metro areas potentially on the horizon.

The biggest impact, though, has arguably been the response from big broadband providers.

When a Company Is Put Up for Sale, in Many Cases, Your Personal Data Is, Too

The privacy policy for Hulu, a video-streaming service with about nine million subscribers, opens with a declaration that the company “respects your privacy.” That respect could lapse, however, if the company is ever sold or goes bankrupt. At that point, according to a clause several screens deep in the policy, the host of details that Hulu can gather about subscribers — names, birth dates, e-mail addresses, videos watched, device locations and more — could be transferred to “one or more third parties as part of the transaction.” The policy does not promise to contact users if their data changes hands.

Provisions like that act as a sort of data fire sale clause. They are becoming standard among the most popular sites, according to a recent analysis by The New York Times of the top websites in the United States. Of the 99 sites with English-language terms of service or privacy policies, 85 said they might transfer users’ information if a merger, acquisition, bankruptcy, asset sale or other transaction occurred.