September 23, 2015 (Net Neutrality Goes to Court)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, SEPTEMBER 23, 2015
How do we define “in the public interest” in the Digital Age? See The Digital Beat
INTERNET/BROADBAND
Obama Administration Aims to Empower Communities to Attract Broadband Investment and Promote Meaningful Use
FCC Chairman Wheeler Statement On The Broadband Opportunity Council Report - press release [links to web]
Dig once: The no-brainer Internet policy the White House just endorsed
White House Invests $3.2 Million to Develop Gigabit Tech
How Cable Can Capture the Mobile Internet - Miriam Gottfried analysis [links to web]
NETWORK NEUTRALITY
Civil Rights Coalition Backs FCC’s Open Internet Rules in Court Filing
Tim Wu Disputes Telecommunications Carriers’ Misrepresentation in Network Neutrality Filing
The Women Who Won Net Neutrality - Marvin Ammori op-ed
John Ellis Bush would roll back network neutrality if elected
OWNERSHIP
Charter Queried on Web Video Rivalry by FCC in Time Warner Deal
GOP Memo Cites FCC Ownership Review Rife With Missteps
Windstream Board Adopts Shareholders Rights Plan [links to web]
UNIVERSAL SERVICE
Georgetown Researcher Discusses Lifeline Program Evaluation Using Existing National Datasets
House Communications Subcommittee Chairman Walden Comments on FCC Chairman Wheeler USF Announcement - press release [links to web]
SPECTRUM/WIRELESS
How Cable Can Capture the Mobile Internet - Miriam Gottfried analysis [links to web]
TELEVISION
NCTA: FCC Regulations Lag Competitive Market [links to web]
SECURITY/PRIVACY
RAND Report Stresses Importance of Agreement to Avoid Cyber Conflict [links to web]
A Tricky Path to Quantum-Safe Encryption
On the Paradox of the Simple Privacy Policy - analysis [links to web]
EDUCATION
Smart Libraries Will Power the Transition to Personalized Learning - op-ed
Statement of FCC Commissioner Jessica Rosenworcel on the Digital Learning Equity Act - press release [links to web]
JOURNALISM
Understanding what audiences want from local news - Philip Napoli op-ed
ELECTION 2016
John Ellis Bush: I will work to repeal the so-called network neutrality rule forced on the Federal Communications Commission by the White House - WSJ op-ed [links to web]
John Ellis Bush would roll back network neutrality if elected
Report: Nightly newscasts have covered Hillary Clinton e-mail story as much as her candidacy [links to web]
Why Media’s Donald Trump Addiction Is Costing His Rivals Big Bucks [links to web]
Which Republican is winning the reality TV primary? [links to web]
CONTENT
The Plot Twist: E-Book Sales Slip, and Print Is Far From Dead [links to web]
FCC REFORM
Remarks of FCC Commissioner Michael O'Rielly Before the Prosperity Caucus - speech
POLICYMAKERS
Michigan PSC Commissioner Talberg Appointed to Federal-State Joint Board on Universal Service - public notice [links to web]
The Women Who Won Net Neutrality - Marvin Ammori op-ed
STORIES FROM ABROAD
EU-US Data Sharing Deal Can't Be Trusted, Top Court Aide Says
Xi Jinping Pledges to Work With US to Stop Cybercrimes [links to web]
Chinese President Xi defends China's right to regulate the Internet
Broadband: A Vital Driver of Sustainable Development - ITU press release [links to web]
European Lawmakers Scold US for Levying Charges of Digital Protectionism [links to web]
INTERNET/BROADBAND
DIG ONCE: THE NO-BRAINER INTERNET POLICY THE WHITE HOUSE JUST ENDORSED
[SOURCE: Washington Post, AUTHOR: Brian Fung]
The Broadband Opportunity Council Report calls for federal agencies to develop new rules and to streamline the way they give out funding for building Internet infrastructure and online services. While these commitments promise to upgrade the country's Internet infrastructure, the biggest step promotes a policy aimed at enhancing competition among Internet providers. Known as "dig once," the idea helps lower the cost of laying down new high-speed Internet cables by making it unnecessary to tear up the streets every time a company wants to reach new homes with its underground network. Dig-once policies recommend laying a single tube in the ground through which all Internet wires can go. Once it's there, any company that wants to add fiber can just route their cables through that existing conduit -- cutting the cost of broadband deployment by up to 90 percent, according to the Federal Highway Administration. Making it easier and less expensive to offer new Internet service could potentially result in lower Internet prices and improved speeds. "'Dig Once' policies promote broadband competition, reduce costs for broadband providers and decrease road-related costs from repeated excavation," the report reads.
benton.org/headlines/dig-once-no-brainer-internet-policy-white-house-just-endorsed | Washington Post
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WHITE HOUSE INVESTS $3.2 MILLION TO DEVELOP GIGABIT TECH
[SOURCE: Chattanooga Times Fr
ee Press, AUTHOR: ]
The National Science Foundation has designated part of a $3.2 million grant to help the Mozilla Foundation, makers of the Firefox browser, expand the nonprofit's gigabit technology work in Chattanooga (TN), Kansas City (MO), and three yet-to-be-named cities. Mozilla began working in Chattanooga in earnest in 2012, with a hackathon designed to explore ways to take advantage of the city's gigabit speeds, which are about 250 times faster than regular Internet. The additional money will allow the group's local office, called Hive Chattanooga, to build apps, improve education efforts and pursue workforce development, according to a news release. By building apps that take advantage of gigabit speeds, Mozilla hopes to demonstrate the need for such networks, which are most faster than most consumers currently require to engage in basic online tasks.
benton.org/headlines/white-house-invests-32-million-develop-gigabit-tech | Chattanooga Times free Press
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NETWORK NEUTRALITY
CIVIL RIGHTS COALITION BACKS FCC’S OPEN INTERNET RULES IN COURT
[SOURCE: Open Internet Civil Rights Coalition, AUTHOR: Andrew Jay Schwartzman]
The Open Internet Civil Rights Coalition (OICRC) supports the Federal Communications Commission’s legal decision as well as its policy choice to reclassify mobile broadband Internet access as a telecommunications service. Absent full application of open Internet rules to mobile services, communities of color will be less able to rely on mobile devices to make childcare arrangements, receive health advice, access social services, participate in political debate, find employment, and engage with friends and family.
There is a broad consensus among civil rights groups about the importance of open Internet rules. Although one group, the Multicultural Media, Telecom and Internet Council (MMTC), has submitted an amicus curiae brief in support of Petitioners, MMTC does not disagree with the need for open Internet rules, including rules addressing paid prioritization, and did not dispute below that the FCC had the power to reclassify broadband Internet service under Title II. Instead it argued only that would have been a wiser policy choice to adopt such rules under the authority of Section 706 of the Telecommunications Act. However, no party before this Court, including MMTC, has attempted to show that the rules MMTC supported could be adopted without employing Title II powers. To the extent that MMTC believes that open Internet rules will deter capital investment, the FCC has reasonably determined otherwise. MMTC is simply wrong in claiming that reclassification leads to “price regulation,” and ignores the fact that the Commission has forborne from such rules. Its policy concerns about extending Title II to mobile broadband are similarly unfounded. They are also inconsistent, as MMTC cannot reconcile its belief of the benefits of open Internet rules for fixed broadband (albeit under Section 706) with its opposition to such rules for wireless.
benton.org/headlines/civil-rights-coalition-backs-fccs-open-internet-rules-court-filing | Open Internet Civil Rights Coalition
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WU DISPUTES CARRIERS’ CLAIM
[SOURCE: Tim Wu, AUTHOR: Andrew Jay Schwartzman]
Professor Tim Wu submitted a brief to expose an important and serious misrepresentation contained in the telecommunications carriers’ challenge to the Federal Communications Commission’s Open Internet Order. USTelecom argues that Congress, when it passed the Telecommunications Act of 1996, specifically and unambiguously intended that broadband Internet service be an “information service.” It bases that argument on the premise that there existed a “long-settled regulatory understanding” as to that effect. The premise is both incorrect and gives a misleading impression of the FCC’s historic practice. What Congress codified in its adoption of the “basic/enhanced” regime were evolving categories used by the Commission to make policy based on both technological and competitive considerations. Over the course of the decades from the FCC’s first “Computer Proceeding” onward the FCC routinely reexamined and reclassified services in light of changing market conditions and technical realities. Congress blessed the FCC's methodology for classifying services, which it has now applied in the case on net neutrality.
benton.org/headlines/tim-wu-disputes-telecommunications-carriers-misrepresentation-network-neutrality-filing | Tim Wu
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THE WOMEN WHO WON NET NEUTRALITY
[SOURCE: Slate, AUTHOR: Marvin Ammori]
[Commentary] Over the course of a year -- from January 2014 to March 2015 -- millions of Americans, hundreds of businesses, and dozens of policymakers weighed in at the Federal Communications Commission in favor of network neutrality. Because the victory at the FCC is so important for economic policy and was so shocking a political victory, many news organizations have profiled those responsible. Over the past months, in addition to me, many men have received credit -- including Federal Communications Commission Chairman Tom Wheeler, President Barack Obama, HBO host John Oliver, and Tumblr CEO David Karp. While these men (and others, especially in the nonprofit community) played critical roles, none deserves more credit than the frequently overlooked women who helped lead the fight. Even if we guys managed to hog the credit afterward, a disproportionate number of women in the public interest, tech, and government communities had the guts and brains to lead the public to victory. They canceled annual vacations, worked around the clock, didn’t see friends and family as often as anyone would want -- and ran a brilliant campaign. They should be recognized.
[Marvin Ammori is a Future Tense fellow at New America, a practicing lawyer, and a visiting scholar at Stanford Law School’s Center for Internet Society]
benton.org/headlines/women-who-won-net-neutrality | Slate
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JOHN ELLIS BUSH WOULD ROLL BACK NETWORK NEUTRALITY IF ELECTED
[SOURCE: The Hill, AUTHOR: Mario Trujillo]
GOP Presidential candidate Jeb Bush unveiled policy proposals that call for rolling back major Obama Administration rules, including network neutrality. Bush’s proposal laments the rules for subjecting Internet service providers -- such as Verizon, AT&T or Comcast -- to “antiquated ‘common carrier’ regulations,” a frequent criticism. “Rather than enhancing consumer welfare, these rules prohibit one group of companies (Internet Service Providers) from charging another group of companies (content companies) the full cost for using their services,” according to the policy proposal. The fight over the regulations is pitting Internet activists and major tech companies such as Netflix against large service providers such as AT&T. However, Bush framed his proposal as protecting some small broadband providers who asserted the rules “caused them to cut back on investments to upgrade and expand their networks.” “Agencies today make far more laws than legislators. But unlike courts and legislators, regulators conduct their deliberations in relative obscurity, often outside of the public’s view and effectively accountable to no one, not even the president,” according to Bush’s proposal. In addition, he would put a new regulatory freeze on agencies until one of his appointees approved new rules. He would also set a regulation budget, requiring offsets if new regulations bring costs. He would also pass an executive order outlining principles regulators should follow, including a preference for state action and “honest” cost-benefit analysis.
benton.org/headlines/john-ellis-bush-would-roll-back-network-neutrality-if-elected | Hill, The
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OWNERSHIP
CHARTER QUERIED ON WEB VIDEO RIVALRY BY FCC IN TIME WARNER DEAL
[SOURCE: Bloomberg, AUTHOR: Todd Shields]
Regulators reviewing Charter’s proposed $55.1 billion acquisition of Time Warner Cable want to know more about how the cable company has reacted to competition from streaming video innovators such as Netflix, Amazon and Hulu. The Federal Communications Commission, in a request released Sept 22, asked Charter for documents about its customer gains or losses to Web video and whether it’s slowed or blocked access to rival services. The questions show the FCC is concerned about whether cable companies that provide access to the Internet may squelch streaming video that competes with their traditional channel lineup. Comcast in April abandoned its planned merger with Time Warner Cable after regulators said the combined company could thwart online video. The FCC also asked for similar information from Time Warner Cable and asked for responses by Oct 13.
benton.org/headlines/charter-queried-web-video-rivalry-fcc-time-warner-deal | Bloomberg
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GOP MEMO CITES FCC OWNERSHIP REVIEW RIFE WITH MISSTEPS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The House Communications Subcommittee has teed up a bunch of broadcast media ownership issues for potential discussion at its Sept. 25 hearing. In the Republican majority staff memo for the hearing the staffers said the purpose was to look at the relevance of broadcast ownership rules in today's media world. The memo talks about a Federal Communications Commission ownership review process "rife with missteps and setbacks," most having to do with a series of court challenges, remands, and regulatory responses dating back a dozen years under Chairmen of both parties. These resulted in a Congressionally-mandated 2014 quadrennial rule review that will be a couple years overdue if it is completed as promised in 2016, and a 2010 review for which an order was never released. Among the issues in that quadrennial review elaborated on in the memo, which could also be issues for discussion in the hearing, are the FCC's newspaper-broadcast crossownership rules, local TV ownership limits, local radio ownership limits, the national TV station ownership cap (which was set at 39 percent by Congress so is out of the FCC's hands), crossownership limits, joint sales agreements (the FCC made most of those attributable as ownership in a March 2014 order, but some Republicans want to grandfather JSA's prior to that), and the minority tax certificate. There is no guarantee that all those, or even most, will be addressed in the hearing, but it shows the scope of issues Republicans are targeting.
benton.org/headlines/gop-memo-cites-fcc-ownership-review-rife-missteps | Broadcasting&Cable
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UNIVERSAL SERVICE
GEORGETOWN RESEARCHER DISCUSSES LIFELINE PROGRAM EVALUATION USING EXISTING NATIONAL DATASETS
[SOURCE: Federal Communications Commission, AUTHOR: Olga Ukhaneva]
On Sept 16, Olga Ukhaneva, a postdoctoral fellow at the Georgetown Center for Businesses and Public Policy met with Jay Schwartz, Acting Deputy Division Chief of Telecommunications, Access Policy Division, Wireline Competition Bureau to discuss how the Federal Communications Commission could incorporate evaluation of the Lifeline program. Dr Ukhaneva proposed that the FCC could use existing datasets, such as the National Health Interview Survey (NHIS) administered by the Centers for Disease Control, to identify eligible criteria that are effective at targeting consumers who need financial assistance to get and maintain access to telecommunications services. The FCC could also use the NHIS to evaluate program efficiency and estimate number of households who gained access to telephone/broadband because of the subsidy.
benton.org/headlines/georgetown-researcher-discusses-lifeline-program-evaluation-using-existing-national | Federal Communications Commission
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SECURITY/PRIVACY
A TRICKY PATH TO QUANTUM-SAFE ENCRYPTION
[SOURCE: Quanta Magazine, AUTHOR: Natalie Wolchover]
Quantum computers, once seen as a remote theoretical possibility, are now widely expected to work within five to 30 years. By exploiting the probabilistic rules of quantum physics, the devices could decrypt most of the world’s “secure” data, from National Security Agency secrets to bank records to e-mail passwords. Aware of this looming threat, cryptographers have been racing to develop “quantum-resistant” schemes efficient enough for widespread use. But last October, cryptographers at the Government Communications Headquarters (GCHQ), Britain’s electronic surveillance agency, posted an enigmatic paper online that called into question the security of some of the most efficient lattice-based schemes. The findings hinted that vulnerabilities had crept in during a decade-long push for ever-greater efficiency. As cryptographers simplified the underlying lattices on which their schemes were based, they rendered the schemes more susceptible to attack. Building on the GCHQ claims, two teams of cryptanalysts have spent the past year determining which lattice-based schemes can be broken by quantum computers, and which are safe -- for now.
benton.org/headlines/tricky-path-quantum-safe-encryption | Quanta Magazine
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EDUCATION
SMART LIBRARIES WILL POWER THE TRANSITION TO PERSONALIZED LEARNING
[SOURCE: edSurge, AUTHOR: David Kim, Jeffrey Pomerantz]
[Commentary] As tomorrow’s libraries gather insights on how materials are used, faculty will, in turn, receive real-time analytics about student engagement with materials and time-on-task. We can correlate students’ grades with use of the library and evaluate the content and usage patterns that lead to student performance. This is the sort of student-level data that is increasingly being used in course dashboards, to provide aggregated data about student progress. The availability of this data provides powerful levers to personalize learning for students, to support faculty in improving student outcomes, and to enable institutions of higher education to communicate their value.
[David Kim is Founder and CEO of Ace Learning. Jeffrey Pomerantz is the author of a forthcoming book about metadata for MIT Press, and was formerly a tenured Associate Professor at the University of North Carolina at Chapel Hill]
benton.org/headlines/smart-libraries-will-power-transition-personalized-learning | EdSurge
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JOURNALISM
UNDERSTANDING WHAT AUDIENCES WANT FROM LOCAL NEWS
[SOURCE: Columbia Journalism Review, AUTHOR: Philip Napoli]
[Commentary] My colleagues and I at Rutgers University’s Media + the Public Interest Initiative have been collaborating with local news outlets in New Jersey on the task of understanding how those audiences see the news and information ecosystem, and what they want from local news organizations. Thus far we have conducted focus groups in three New Jersey communities: Newark, New Brunswick, and Morristown. Given the extent to which similar findings emerged across all three communities, we think they may represent broader insights about the nature of the contemporary local news audience:
‘Outside’ news sources are seen as unreliable: Our focus group participants were universally critical of the local news coverage offered by sources from outside of their communities.
A desire for more ‘follow-up’ reporting: Our focus group participants were very consistent in their desire for more “follow-up” reporting -- that is, reporting that revisits events and issues to determine if and how they are being resolved, in order to hold local governments, service providers, and leaders accountable for their actions (or inaction).
The self-reliant news consumer: Participants consistently expressed an understanding -- and acceptance -- of how the contemporary news environment works, particularly in terms of the increasing responsibility (or “burden” as some referred to it) that falls on the individual news consumer to stay informed.
The infrequency of citizen journalism: When we asked participants to discuss if and how they engage in activities related to sharing and producing news and information for their communities, we were struck by how brief these conversations were.
Interpersonal networks are still important: Finally, we found it striking the extent to which, even in this era of seemingly abundant news and information sources, mobile access, and social media, interpersonal networks still play an important role the way we share and receive local news and information.
[Philip M. Napoli is a professor of Journalism & Media Studies at Rutgers University in New Brunswick(NJ) where he is also the principal investigator for the News Measures Research Project]
benton.org/headlines/understanding-what-audiences-want-local-news | Columbia Journalism Review
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FCC REFORM
REMARKS OF FCC COMMISSIONER MICHAEL O'RIELLY BEFORE THE PROSPERITY CAUCUS
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael O'Rielly]
I thought I would use this valuable platform to talk about a couple of issues relevant to the communications worlds that you may find of interest:
Economic Freedom: Federal Communications Commission staff should not advocate for local governments, like cities and towns, to enter the marketplace by creating communications services to directly compete with private companies. Such a practice should be characterized for what it is: borderline socialism. Championing economic freedom is my guiding principle when it comes to overseeing the communications industry.
Cost-Benefit Analysis: The FCC is unwilling to conduct and consider proper cost-benefit analysis. Many of you are in the economic field in one capacity or another, and the FCC desperately needs to be challenged on all of its cost-benefit analysis assumptions and underlying work. Whether it is you or someone you know, please be willing to consider taking up the mantle and critiquing the FCC’s work, either as a whole or on an individual item basis. In addition, we need private economists to file their own analyses in our proceedings.
FCC Economists: We have a lot more lawyers than economists. While the FCC has a number of economists and probably even some this crowd might find philosophically acceptable, staffing levels are regularly found to be insufficient for FCC tasks, a sure sign of misplaced priorities.
benton.org/headlines/remarks-fcc-commissioner-michael-orielly-prosperity-caucus | Federal Communications Commission
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STORIES FROM ABROAD
EU-US DATA SHARING
[SOURCE: Bloomberg, AUTHOR: Stephanie Bodoni]
Advocate General Yves Bot, an adviser to the European Union’s top court, warned that American spies have almost unfettered access to information about European users of Facebook and other social media thanks to an illegal trans-Atlantic pact on data-transfers. Secret US orders forcing technology companies to hand over personal data linked to EU citizens can’t continue under an “invalid” data-transfer accord struck 15 years ago, Bot said in a non-binding opinion. The EU court follows such advice in a majority of cases. EU citizens “who are Facebook users are not informed that their personal data will be generally accessible to the United States security agencies,” said Bot. National data privacy watchdogs have the power, “where appropriate,” to suspend the transfer of such data to servers located in the US, including in the case concerning the data of European Facebook users, he said. The EU Court of Justice should scrap the 2000 Safe Harbor decision because it doesn’t protect citizens from the 28-nation bloc enough from an “unwarranted interference” with their rights and a “large-scale collection of personal data,” he said.
benton.org/headlines/eu-us-data-sharing-deal-cant-be-trusted-top-court-aide-says | Bloomberg
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XI DEFENDS CHINA'S RIGHT TO REGULATE THE INTERNET
[SOURCE: The Hill, AUTHOR: Cory Bennett]
Chinese President Xi Jinping pushed back against concerns that new Chinese regulations and restrictions are meant to censor online speech and keep foreign businesses out of the country. “We welcome all foreign companies in China and will respect and protect their lawful rights and interests provided that they abide by the laws and regulations of China and do nothing to undermine China’s national interests and interests of Chinese consumers,” President Xi said. Businesses and nonprofits have watched warily in recent years as China has moved to further control the flow of digital information and pass a national security law that requires certain technologies to be “secure and controllable.” Ahead of his first official state visit in Washington later during the week of Sept 21, President Xi maintained China’s right to regulate its own Internet. “Rule of law also applies to the Internet, with the need to safeguard a country’s sovereignty, security and development interests as relevant as in the real world,” he said. "Freedom and order must be upheld side by side in both cyberspace and the physical world,” Xi continued. “Freedom is the purpose of order, and order the guarantee of freedom. We need to fully respect netizens’ rights to express themselves, while at the same time, ensure a sound cyberspace order to better protect the lawful rights and interests of all netizens.”
benton.org/headlines/chinese-president-xi-defends-chinas-right-regulate-internet | Hill, The
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