July 2015

Internet providers call FCC's Net rules unlawful in court filing

The Federal Communications Commission's network neutrality rules amount to a "power grab," Internet service providers charge in a court filing.

USTelecom, AT&T, CenturyLink, the National Cable & Telecommunications Association, CTIA and others filed the brief in the US Court of Appeals for the District of Columbia. They are challenging the legality of the FCCs Open Internet order. They argue that the FCC acted illegally and without proper authority in creating a unwieldy new law that could negatively affect the economy. "It is the output of an agency determined (or pressured) to reach a particular result and visibly struggling to devise a post hoc justification for contradicting Congress’s pronouncements, the agency’s own longstanding policy, and real-world facts," according to the brief. "It is, in short, a sweeping bureaucratic power grab by a self-appointed 'Department of the Internet.'" The rules subject broadband service "to too heavy-handed, public-utility-style regulation designed for 19th-century railroads and 1930s telephone monopolies," the brief says.

Free Press Policy Director Matt Wood called the arguments "overheated rhetoric ... that ignores both the law and the way that Internet access actually operates." The ISPs legal filing, he said, exposes "the weakness of their case against enforceable net neutrality protections. Communications law is rooted in principles of protecting users of any communications network against unreasonable discrimination, blocking and interference. The FCC’s net neutrality ruling is legally sound and puts Internet users first.”

John Bergmayer, Senior Staff Attorney at Public Knowledge, said, “We are confident that our upcoming brief will thoroughly rebut the carriers' inadequate and off-base arguments, demonstrating why the Open Internet rules are important to protect consumers, free speech and competition. We are confident that our upcoming brief will thoroughly rebut the carriers' inadequate and off-base arguments, demonstrating why the Open Internet rules are important to protect consumers, free speech, and competition, and explaining how the authority the FCC used and the procedures it followed were all lawful.”

Glare of Video Is Shifting Public’s View of Police

The recording of encounters between the police and the public has begun to alter public views of the use of force and race relations, experts and police officials say. Videos have provided “corroboration of what African-Americans have been saying for years,” said Paul Butler, a professor at Georgetown University Law School and a former prosecutor, who called them “the C-Span of the streets.”

Black caucus brings diversity push to Silicon Valley

Members of the Congressional Black Caucus are flying to Silicon Valley to press the nation’s biggest technology companies to hire more African-American workers — a sign that the industry’s well-documented diversity problems are starting to generate new political heat in Washington.

It’s an increasingly awkward topic for a tech industry that’s dependent on DC for action on an array of priorities, including immigration, tax and patent reform, yet whose workforce doesn’t look like the rest of America. “My district is right next to Silicon Valley, and for years and years and years, my constituents have been part of those who have not had access to these opportunities, even the ones who have the qualifications, background and skills,” said Rep. Barbara Lee (D-CA), who’s helping to lead the black caucus’ tour. “We always say diversity is good for business, and the tech industry is beginning to understand that,” she said

Facebook Expands in Politics, and Campaigns Find Much to Like

Facebook, already a major player in past cycles, has been working to expand its digital dominance in the political realm.

Facebook — which has 189 million monthly users in the United States — has pitched its tools and services to every presidential campaign in the 2016 race, not to mention down-ballot races, to showcase new features as candidates seek to reach and recruit new supporters and potential donors. Some estimate that 2016 will usher in roughly $1 billion in online political advertising, and Facebook says it is on track to increase its revenue from previous cycles.

In Microsoft’s Nokia Debacle, a View of an Industry’s Feet of Clay

Let’s call it the $7.5 billion lesson.

That’s the amount Microsoft wrote off on Nokia’s phone unit, which it bought a little over a year ago for what it said was $9.5 billion. Considering that the deal included $1.5 billion in cash, the write-off means Microsoft now values a business that once controlled 41 percent of the global handset market at just a small fraction of the purchase price. Thanks in large part to the huge accounting charge, Microsoft reported its largest quarterly loss ever ($3.2 billion). It was only the third loss in its history as a public company.

“If you were talking about any other industry, this would be considered a catastrophe that’s the equivalent to a natural disaster,” said Horace Dediu, who spent eight years at Nokia during its heyday and is now at the San Francisco research firm Clayton Christensen Institute, which studies disruptive technologies. This being the technology business, Microsoft’s still relatively new chief executive, Satya Nadella, gets credit for swiftly confronting reality and taking the hit to earnings.

Comcast’s Wireless Ambitions Face Hurdle

Comcast’s most obvious route into the wireless business isn’t looking as easy as it once did.

In 2011, the cable giant struck a deal with Verizon Communications giving it the right to sell wireless service using the carrier’s network at set terms and pricing. Now, as Comcast explores a wireless offering, it has a different interpretation of that resale agreement than Verizon, say people familiar with the situation. One issue: how much flexibility Comcast would have in creating plans and prices for mobile data, a key part of any modern cellphone service. The contract also didn’t specifically contemplate shareable data plans, a common offering from wireless carriers that allow families, for example, to buy 10 gigabytes of data a month and split the capacity among devices, the people said.

Verizon didn’t even offer such plans when the deal was struck four years ago. In addition, the agreement’s data prices were set before a price war instigated in 2013 by T-Mobile US and exacerbated by Sprint. That price war has resulted in broadly lower per-gigabyte prices.

FCC Confirms Aug 6 Meeting Agenda

The Federal Communications Commission will hold an Open Meeting on the subjects listed below on Thursday, August 6, 2015:

  • The Commission will consider a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking that will advance longstanding competition and consumer protection policies on a technologically-neutral basis, and further the technology transitions underway in our Nation’s fixed communications networks that offer the prospect of innovative and improved services to consumers and businesses alike.
  • The Commission will consider a Report and Order that will protect consumers through the transitions from legacy copper networks to modern networks by adopting rules to ensure that consumers have options, and sufficient information about those options, to maintain 911 communications at home during power outages.
  • The Commission will consider an Order on Reconsideration addressing petitions for reconsideration of certain aspects of the Mobile Spectrum Holdings Report and Order.
  • The Commission will take the next step to commencing the incentive auction in the first quarter of 2016 by considering the Procedures Public Notice, which adopts a balanced set of auction procedures that will ensure an effective, efficient, and timely auction. The Public Notice establishes and provides information on final procedures for setting the initial spectrum clearing target, qualifying to bid, and bidding in the reverse and forward auctions.
  • The Commission will consider a Report and Order that adopts technical and operational rules for unlicensed services, including wireless microphone operations, in the broadcast television bands and in the post-incentive auction 600 MHz band. The rules are intended to maximize unlicensed access to spectrum while ensuring that licensed services are protected from harmful interference.
  • The Commission will consider a Report and Order that adopts a plan to accommodate the long-term needs of wireless microphone users by providing new opportunities for their use in the broadcast television bands and in several other frequency bands.
  • The Commission will consider an Eleventh Notice of Inquiry on whether advanced telecommunications capability is being deployed and is available to all Americans, including, in particular, elementary and secondary schools and classrooms, in a reasonable and timely fashion.

Statement of Commissioners Ajit Pai and Michael O'Rielly on Beginning Review of Charter/Time Warner Cable/Bright House Transaction

We are deeply dismayed that the FCC’s leadership seems unwilling to begin the formal review of the Charter Communications/Time Warner Cable/Bright House Networks transaction until Commissioners agree to change the FCC’s procedures for protecting confidential information. We don’t plan to allow this maneuver to deter us from giving careful scrutiny to the important item in front of us, which if adopted, would apply not only to future transactions but all Commission proceedings.

Among other things, we believe that the better course would be for the Commission to seek public input on these proposed procedures before moving ahead. Thus, while we are still reviewing the order on circulation, we believe that the Commission should follow the direction that the DC Circuit previously provided in a similar case: "The agency has access to the relevant documents at issue in this matter and can continue to evaluate the proposed merger....” So let’s start the ‘aspirational’ merger review shot clock and get on with the process.

FCC Plans $2.4 Million Fine Against Michigan Company for Misleading Consumers

The Federal Communications Commission plans a $2.4 million fine against Long Distance Consolidated Billing Company. This telephone company, based in Waterford (MI), allegedly switched consumers’ regional toll service providers without their authorization (“slamming”), misrepresented the company’s identity during telemarketing calls, and placed unauthorized charges on consumers’ telephone bills (“cramming”).

The Enforcement Bureau reviewed over 70 complaints against Long Distance Consolidated Billing Company (LDCB) that consumers filed with the FCC, the Better Business Bureau, state regulatory agencies, and directly with LDCB. Consumers repeatedly complained that LDCB switched their regional toll service providers without their authorization. In some cases, consumers stated that LDCB’s telemarketer pretended to be employed by the consumer’s own telephone carrier. The investigation also showed that LDCB placed charges for its service on consumers’ local telephone bills without their authorization. The FCC has charged LDCB with willfully and repeatedly switching consumers’ preferred regional toll carrier without verified authorization, misrepresenting its identity to consumers, and cramming unauthorized charges onto consumers’ telephone bills. FCC rules prohibit a carrier from switching a customer’s preferred long distance carrier without obtaining authorization from the customer to make such a change.

This idea by the FCC is terrifying Apple, Amazon and Microsoft

Streaming video services by Apple, Amazon and Google have thrived off the idea that they are alternatives to cable TV. Now, the Federal Communications Commission is considering if it should begin to regulate online video services, like they do cable companies. And that's causing anxiety in Silicon Valley. As early as October, the FCC is expected to vote on a proposal that would put some streaming video firms into the same regulatory bucket as multichannel video programming distributors, or cable and satellite TV firms, such as Comcast, Dish Network and Cox. The idea, according to FCC Chairman Tom Wheeler, is to help online video providers become stronger competitors to cable and satellite firms by making it easier to obtain valuable TV programming for the Web.

Under the plan, streaming companies would be able to use the FCC's program access rules to ensure TV networks offer the licensing of their programs. That would allow Apple, for instance, to bring ABC, NBC and Comedy Central to the bargaining table for their programs. Small streaming companies, such as SkyAngel, Pluto TV and FilmOn, are championing the idea. But big tech firms don't like it. The guarantee of getting valuable programs from TV networks might seem like huge benefit for online providers. But for the biggest streaming services, the FCC's proposal would create first-time regulations for their sector. And the fear is that more regulations would come.