September 2015

Phoenix Center for Advanced Legal & Economic Public Policy Studies
Thursday, September 10
11 am -- noon (EDT)
Register

Speakers:
• Scott Angstreich, Partner - Kellogg Huber Hansen, PLLC
• Russ Hanser, Partner - Wilkinson Barker Knauer, LLP
• David Balto, Law offices of David Balto
• Lawrence J. Spiwak, President - Phoenix Center for Advanced Legal & Economic Public Policy Studies
• Dr. George Ford - Chief Economist, Phoenix Center for Advanced Legal & Economic Public Policy Studies

Last March, the Federal Communications Commission released its controversial Open Internet Order in which it reclassified broadband Internet access as a common carrier telecommunications service under Title II of the Communications Act. This Order is now on appeal before the D.C. Circuit. To date, opening briefs by petitioners, as well as various amicus ("friend of the court") briefs in support of petitioners, have been filed to challenge the Order, and the FCC's response is due shortly.



Information Technology and Innovation Foundation
Thursday, September 10, 2015
9 am -- 10:30 am
http://www.itif.org/events/2015/09/10/sky-not-falling-understanding-priv...

Panelists:

Daniel Castro
Vice President
Information Technology and Innovation Foundation

Morgan Reed
Executive Director
Association for Competitive Technology

Carl Szabo
Policy Counsel
NetChoice

Adam Thierer
Senior Research Fellow
Mercatus Center at George Mason University

While most people are conditioned to see through the marketing hype surrounding “revolutionary!” and “game-changing!” new technologies, few have the same healthy skepticism when it comes to outsized claims about allegedly dire privacy risks that now routinely accompany many of the very same innovations. Taken at face value, these supposed privacy risks suggest that government should intervene to protect society. A closer look, however, reveals that privacy concerns are often misplaced or unnecessary, and they rapidly dissipate as people come to better understand and appreciate the products and services in question.

At this event, ITIF will release a new report examining this recurring “privacy panic cycle”—a common trajectory of overwrought privacy claims and hysterical fears that often follow the introduction of a new technology, only to dissipate as cooler heads prevail. By looking at both historical and current technologies, the report analyzes the cause of the privacy panic cycle and the factors that have amplified it in recent years.

Following a presentation on the report, panelists will discuss how policymakers can look beyond the cycle of fear and put in place policies that create consumer protections while also supporting the adoption and deployment of technologies.

The event is free, open to the public, and complies with ethics rules. It will be webcast live on this page and a recording will be available afterward. Follow @ITIFdc during the event, and join the conversation using #PrivacyPanic.



Minority, public TV viewers face greatest threat in FCC auction

[Commentary] The news that "Sesame Street" is migrating from PBS to HBO is not the only indicator this summer that an economic divide may be widening within the American viewing public. Audience data indicate that two segments of the US population will be hit especially hard by the upcoming Federal Communications Commission auction selling off television airwaves to wireless carriers: minorities, especially Latinos, and public television viewers. Where these two large groups of Americans overlap will be “ground zero” of this government-engineered shift from free, over-the-air television to a data plan near you.

By “clearing” today’s TV station from the airwaves, or spectrum, the FCC auctions will deprive millions of Americans of the option of receiving free over-the-air (OTA) television from at least some of the stations they now watch. The threat to minorities and public television viewers comes from the fact that both groups rely on OTA more than other Americans. For viewers that are both minorities and public TV viewers, the impact could be devastating.

[John M. Lawson is the president of Convergence Services, Inc.]

FCC Seeks Comment on DSTAC Report

The Federal Communications Commission's Media Bureau announced that it is seeking public comments on the final report that the FCC-appointed Downloadable Security Technical Advisory Committee (DSTAC) submitted August 28. The FCC said comments are due Oct. 8, 2015, with reply comments due Nov. 9, 2015. The FCC has not announced plans to follow with a larger Notice of Inquiry or a full Notice of Proposed Rulemaking on the matter.

[Docket 15-64]

Why we don't buy cable TV set-top boxes

The Federal Communications Commission has released a report from an advisory committee on how to encourage competition in the market for set-top boxes. Right now, if you don’t want to rent a cable set-top box from your cable company, you don’t have a lot of options. And it’s kind of a pain. You still need to rent a card from your cable company to run the box. It’s almost like the days when you had to rent your phone from the phone company.

The report comes up with two options for solving this problem. One would let you buy a cable box that could search for, say, your favorite movie. John Bergmayer, an attorney at the consumer group Public Knowledge says cable companies don’t want cable boxes sending you to Netflix. They prefer a second option, that could eventually replace cable boxes with an app. Still, some consumer advocates wonder why, if you do want a set-top box, you can’t just buy one as easily as you’d buy a cell phone or TV for that matter. This is something the FCC is still wrestling with. It’s now in the information gathering phase, accepting comments on the advisory committee's report.

IHS: Cord Cutting on the Rise

Research house IHS Technology added to the growing evidence that cord cutting emerged as a real threat in the second quarter, releasing a study that reports that the pay TV business lost more than 658,000 subscribers in the second quarter, driven by sluggish performance in the IPTV sector. In its study -- State of the US Pay TV Operator Market – IHS said that IPTV, which includes telecommunication companies AT&T and Verizon -- reported video customer growth of less than 1 percent in the period, compared to 3 percent in the prior year. “Until the fourth quarter of 2014, IPTV had been the only pay TV category to experience growth; however, by Q2 of 2015, IPTV’s significant forward momentum had been lost,” said IHS Technology’s principal analyst of television and media Erik Brannon.

Upcoming CAF Reverse Auctions Puts Markets in 20 States Up for Grabs for Broadband Funding

Now that the nation’s largest price cap telecommunication carriers have announced their decisions on broadband Connect America Phase II funding, a portion of locations targeted in the program will be teed up for a reverse auction expected to occur in 2016. Carriers had until Aug 28 to indicate, on a state-by-state basis, whether or not they planned to accept funding to cover some of the costs of bringing broadband connectivity to locations in their local service territories that cannot get broadband today.

While most carriers accepted funding for most states, about 10 percent of funding remains unclaimed. The FCC plans to award that funding through a reverse auction that will be open to the incumbents and to competitors, with funding going to the company that offers to deliver broadband for the lowest level of support.

Midwest Connections Gigabit Launches in Rural Michigan

The latest network operator to join the ranks of companies offering residential gigabit broadband is Midwest Connections, a unit of Midwest Energy Cooperative. The company said it has made gigabit service available in portions of rural Michigan. Midwest Energy is the electricity supplier in parts of rural Michigan, Indiana and Ohio. The company has been deploying fiber-to-the-premises as part of a deployment that also includes upgrading the communications network supporting its electrical distribution facilities to support two-way capability.

Midwest Connections will offer both symmetrical gigabit service and asymmetrical service supporting speeds of 100 Mbps upstream. The symmetrical gigabit service will sell for $249.95 a month, while the 1 Gbps/ 100 Mbps offering will sell for $149.95 monthly. Lower-speed symmetrical and asymmetrical service also will be available beginning at $49.95 a month for 25 Mbps/ 10 Mbps asymmetrical service.

Title II’s real-world impact on broadband investment

[Commentary] It is a fundamental truth in economics and finance that lower returns or higher risks decrease incentives to invest. Combining the two spells double trouble. The Federal Communications Commission delivered just such a double whammy with its Open Internet Order when it chose to place new, yet often unspecified restrictions on Internet Service Providers (ISPs). Almost as if on cue, investments in broadband dropped in the US.

What economists observed decades ago remains true today: (1) Limiting businesses’ options decreases investment value; and (2) There is a need to put distance between the short-term political priorities and long-term infrastructure investment planning. If we continue to fail in that, we will shackle our broadband infrastructure.

[Mark Jamison is the director and Gunter Professor of the Public Utility Research Center at the University of Florida]

LTE-U Can Harm Consumers, but Only If the FCC Allows It

[Commentary] The Federal Communications Commission can prevent harm to consumers and protect their widespread use of W-Fi and other unlicensed spectrum. In the past, standards based groups like the 3GPP and IEEE have collaborated to ensure that licensed and unlicensed protocols worked in harmony, but unfortunately, LTE-U proponents like Qualcomm have pushed those two groups away from working together. That leaves the FCC to arbitrate these concerns.

Our coalition of public interest consumer groups makes recommendations to the FCC with the goal of meeting this need for coordination. As the licensing agency, the FCC sets simple limits on licensed spectrum and there is no reason that these shouldn’t apply to services that link licensed and unlicensed in a way that prevents the greater public interest benefits of unlicensed spectrum.