December 2015


Wednesday, December 9, 2015
10:00 a.m.
http://www.commerce.senate.gov/public/index.cfm/hearings?ID=6057C9FC-561...

The Senate Commerce Committee will hold an executive session to consider legislative measures and nominations including:

  • S. 2319, A bill to amend the Communications Act of 1934, Sponsor: Sen. John Thune (R-S.D.)
  • Jessica Rosenworcel, of the District of Columbia, to be a Member of the Federal Communications Commission (reappointment)

A live video of the markup and additional information will be available at www.commerce.senate.gov



Weekly Digest

NSA Surveillance Program Gets Nixed, and We Visit 1986

You’re reading the Benton Foundation’s Weekly Round-up, a recap of the biggest (or most overlooked) telecommunications stories of the week. The round-up is delivered via e-mail each Friday; to get your own copy, subscribe at www.benton.org/user/register


Robbie's Round-Up (November 30 - December 4, 2015)

BroadbandUSA Webinar
National Telecommunications and Information Administration
December 10, 2015
1:30-3PM EST
https://attendee.gotowebinar.com/register/7867503046359460354

The National Telecommunications and Information Administration's (NTIA) BroadbandUSA team invites you to a webinar on broadband and digital inclusion planning in rural areas. This is the first in a series of webinars about rural planning - future topics will include building partnerships, marketing and outreach, broadband adoption and digital literacy training programs.

This webinar will cover how to gather information to best inform your broadband and digital inclusion plan, including asset inventory, survey data, community input and other planning resources. The speakers will share their rural planning experiences, including a range of local, regional, and state planning efforts.

Speakers include:

  • Roberto Gallardo, Mississippi State University Extension
  • Chris St Germain, Nez Pierce Tribe
  • Sonja Wall, Oklahoma State Regents for Higher Education/OneNet
  • Don Williams, NTIA

Emy Tseng and Jean Rice from NTIA will facilitate the webinar.

This webinar is targeted to local governments but may be of interest to federal and state agencies, researchers and nonprofits. There will be ample time for Q & A.



December 4, 2015 (Live from DC, It's Thursday Night!)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, DECEMBER 4, 2015

A look ahead to next week https://www.benton.org/calendar/2015-12-06--P1W

FUN IN THE CAPITAL
   FCC’s Wheeler Slams, Dunks Media at Chairman’s Dinner

ELECTIONS & MEDIA
   A Guide To Broadcasters' Obligations During Election Campaigns
   Cities and the presidential tech agenda - Brookings
   Where do ads shaping state politics come from? Increasingly, these outside players - Center for Public Integrity analysis
   Campaigns Turn to a Cheaper Medium to Get Voters’ Ears: Radio [links to Benton summary]
   CNN President On Trump: 'We Do Not Pay Candidates To Appear At Debates' [links to Huffington Post]

SURVEILLANCE/PRIVACY
   EU Presses Tech Companies over Surveillance, Security
   Op-ed: Why Silicon Valley Should Care About the UK Investigatory Powers Bill [links to International Association of Privacy Professionals]

ACCESSIBILITY
   Comcast, NBC Bring Video Descriptions to ‘The Wiz Live!’
   Technology for All: The Need for a More Accessible Workplace [links to nextgov]

NET NEUTRALITY
   Government has advantage in net-neutrality court face-off - analysis
   Net Neutrality in Court This Week: The Story of How We Got Here - Harold Feld Analysis [links to Benton summary]
   What to Expect When You’re Expecting Oral Arguments for Yet Another Appeal of FCC Open Internet Rule - analysis [links to Benton summary]
   Editorial: Judging Obamanet’s Power Grab [links to Wall Street Journal]
   Gus Hurwitz: Today’s net neutrality oral arguments: How to tell if the FCC will lose [links to American Enterprise Institute]
   Richard Bennett: Real answers to 8 questions about Friday’s net neutrality hearing [links to American Enterprise Institute]

INTERNET/BROADBAND
   Wisconsin approves $1.5 million in broadband expansion grants for rural areas [links to Milwaukee Journal Sentinel]
   A major Internet backbone company is about to make a lot of websites load much faster [links to Verge, The
   Starting Up the Broadband Economy - Revere Digital op-ed [links to Benton summary]

DIGITAL DIVIDE
   The Land That the Internet Era Forgot

TELECOM
   NJ officials unite to insist Verizon maintain landline service [links to Benton summary]

WIRELESS/SPECTRUM
   The Daredevils Without Landlines -- And Why Health Experts Are Tracking Them [links to Benton summary]
   America’s Bipartisan Spectrum Opportunity - Scott Cleland op-ed [links to Benton summary]
   Why Electromagnetic Spectrum Weapons are the Future of Warfare [links to Defense One]

CABLE/TELEVISION/RADIO
   House Committee Reviews State of Broadcasting Ownership in 21st Century - press release [links to Benton summary]
   Nielsen: Smartphones and the Internet are eating our TV time [links to Benton summary]
   Black Caucus Members Tell FCC AllVid Would Be Disaster [links to Broadcasting&Cable]
   Rep Eshoo Hammers JSA-Grandfathering Rider [links to Broadcasting&Cable]

GOVERNMENT & COMMUNICATIONS
   Court to citizen: Don’t post anything online about the police officer you’ve been criticizing [links to Washington Post]

LABOR
   Technology companies troubleshoot local regulations - Brookings [links to Benton summary]
   Technology for All: The Need for a More Accessible Workplace [links to nextgov]

JOURNALISM
   The problem with the dwindling media access to college athletes [links to Poynter]

EDUCATION TECH
    [links to http://recode.net/2015/12/03/googles-chromebooks-make-up-half-of-u-s-cla...]
   Richard Culatta to Step Down as US Director of Educational Technology [links to Benton summary]

DIVERSITY
   Can computers be racist? Big data, inequality, and discrimination
   Black caucus pushes tech firms to diversify their lobbying offices [links to Hill, The]
   AP Computer Science Lacking in Diversity [links to Education Week]
   Tech's focus on meritocracy could harm diversity efforts [links to Christian Science Monitor]

POLICYMAKERS
   Remarks of Commissioner Pai at the Institute on Telecommunications Policy & Regulation [links to Benton summary]
   Federal Trade Commission Appoints Lorrie Cranor as Chief Technologist [links to FTC press release]
   Kathy Grillo to head public policy and government affairs for Verizon [links to Broadcasting&Cable]
   Richard Culatta to Step Down as US Director of Educational Technology [links to Benton summary]

COMPANY NEWS
   How Mark Zuckerberg’s Altruism Helps Himself [links to ProPublica]
   Mark Zuckerberg Defends Structure of His Philanthropic Outfit [links to New York Times]

STORIES FROM ABROAD
   Kazakhstan Moves to Tighten Control of Internet Traffic [links to New York Times]
   Islamic State is distributing its own mobile app [links to Christian Science Monitor]

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FUN IN THE CAPITAL

CHAIRMAN’S DINNER
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
Federal Communications Commission Chairman Tom Wheeler took to the dais at the Federal Communications Bar Association Chairman's dinner at the Washington Hilton ballroom and when he was done, lobbyists, lawyers and media executives had been good and skewered, or in keeping with the sports analogies that predominated, bounced, rejected and stuffed. Cable operators were squarely in the chairman's sites, particularly given that the dinner was held on the eve of the oral argument in Internet service provider's (and others) challenge of the FCC's reclassification of ISPs under Title II common carrier regulations. Wheeler said that Uber had announced there would be "surge" pricing following the dinner, adding: "[National Cable & Telecommunications Association President] Michael Powell blames it on Title II." Someone blaming something on Title II was a running joke throughout the almost 40-minute industry roast. But Powell, who was in attendance, was a good sport. Powell was among those featured in a fake ad Wheeler had prepared. "As a former venture capital investor – all these ads for FanDuel and DraftKings [they were both faux sponsors of the dinner, one of Wheeler's running gags] got me smelling opportunity," said Wheeler. "Tonight, I’d like to announce a new business venture: it’s a daily fantasy league for the FCBA. We call it FantaCBA. Here’s how it works. You pick up actual members of the communications bar and watch them rack up points for everything from court cases won to hours billed to footnotes inserted into orders." Among those shown endorsing the site was Powell: "I picked Jonathan Sallet this week, so no matter what happens tomorrow, I'm a winner," he quipped, a reference to the FCC general counsel who will be arguing for the rules and against NCTA's position.
benton.org/headlines/fccs-wheeler-slams-dunks-media-chairmans-dinner | Multichannel News
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ELECTIONS & MEDIA

A GUIDE TO BROADCASTERS' OBLIGATIONS DURING ELECTION CAMPAIGNS
[SOURCE: Benton Foundation, AUTHOR: Andrew Jay Schwartzman]
[Commentary] Now that NBC stations have reportedly given free air time to five Republican presidential candidates because of Donald Trump’s recent appearance on "Saturday Night Live", this is a good time to take a look at the Federal Communications Commission’s regulation of political broadcasting matters. There are two important preliminary points. First, although this post refers to “broadcasters,” some of these rules also apply to satellite services DishTV and DirecTV and to the local operations of cable systems. For the sake of simplicity, this post will not deal with these circumstances. Second, there is a tendency to focus upon major federal elections, especially Presidential races. In fact, many of the most important applications of these rules are at the local level, especially in smaller communities, where a local station can have a powerful influence over city council, mayoral and similar races.
[Andrew Jay Schwartzman is the Benton Senior Counselor at the Public Interest Communications Law Project at Georgetown University Law Center's Institute for Public Representation (IPR)]
benton.org/headlines/guide-broadcasters-obligations-during-election-campaigns | Benton Foundation
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CITIES AND THE PRESIDENTIAL TECH AGENDA
[SOURCE: Brookings, AUTHOR: Blair Levin, Adie Tomer]
[Commentary] One curiosity of this presidential campaign is that the candidates -- with the exception of Hillary Clinton -- have largely ignored issues related to cities and communication technology, even though all claim economic growth as a top priority. This is patently short-sighted. Digital technologies like broadband, smartphones, and sensors could be core enablers of future economic growth if we confront gaps in broadband adoption and outdated infrastructure. Fortunately, there is plenty of time to inject urban affairs and technology policy into the campaigns. Here is a list of issues presidential aspirants should consider and city leaders should weigh in on: Municipal choice, Wi-Fi v LTE-U, Lifeline program reform, Congressional broadband legislation, E-rate implementation, FirstNet, and Next generation 911.
benton.org/headlines/cities-and-presidential-tech-agenda | Brookings
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WHERE DO ADS SHAPING STATE POLITICS COME FROM?
[SOURCE: Center for Public Integrity, AUTHOR: Ashley Balcerzak]
National political groups are bigfooting their way into state elections through ad campaigns, part of a growing trend in which groups independent from candidates or parties are taking a larger role in shaping the narratives of political campaigns. In total, 33 outside groups poured more than $32 million into their own political ads in 2015, accounting for more than one-third of the estimated $86 million in broadcast TV ad spending in the seven states with major races. That represents more than 1 in 4 political spots aired, compared with fewer than 1 in 5 ads in both 2011 when the same states had comparable races and in 2014 when major races occurred in 45 states. The US Supreme Court’s 2010 Citizens United v. Federal Election Commission ruling and other related cases opened the door for such increased power of outside groups by ruling that nonprofits, corporations and labor unions could spend unlimited sums to persuade people to vote for certain candidates. This is also helping drive up the bill for political campaigning. In 2015, political advertisers upped their game, largely due to heated governors’ races in Louisiana and Kentucky. The combination of candidates, parties and independent groups overall spent approximately $50 million more on TV ads than political advertisers spent in 2011
benton.org/headlines/where-do-ads-shaping-state-politics-come-increasingly-these-outside-players | Center for Public Integrity
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SURVEILLANCE/PRIVACY

EU PRESSES TECH COMPANIES OVER SURVEILLANCE, SECURITY
[SOURCE: Wall Street Journal, AUTHOR: Sam Schechner]
European Union officials are pressing big US tech companies to free up surveillance access to their user data in the wake of November’s attacks in Paris, marking a continued shift in the debate over privacy and security within the bloc. Firms including Facebook, Twitter, Microsoft, Apple, and Alphabet’s Google were meeting on Dec 3 with a raft of government and law-enforcement officials from the EU and member states including France to discuss deepening their cooperation in fighting terrorism, people familiar with the meetings said. Government officials and tech executives say the meetings -- including one in Paris with French Prime Minister Manuel Valls and another in Brussels dubbed the EU Internet Forum -- focus in large part on how tech firms can move more swiftly to remove propaganda and recruitment messages by Islamic State and other terror groups from social-media websites. But EU officials are also raising a more divisive topic: Whether tech firms should build back doors into encryption tools that could be used by terrorists to plan future attacks. “Communication between terrorists is increasingly taking place using highly sophisticated encryption techniques and this needs to be addressed,” one EU official said ahead of the meeting.
benton.org/headlines/eu-presses-tech-companies-over-surveillance-security | Wall Street Journal
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ACCESSIBILITY

COMCAST, NBC BRING VIDEO DESCRIPTIONS TO 'THE WIZ LIVE!'
[SOURCE: Multichannel News, AUTHOR: ]
Billing it as a first for a live entertainment broadcast show in the US, Comcast said it will include video descriptions with NBC’s production of "The Wiz Live!", an element that will make the show accessible to people who are blind or visually impaired. During NBC’s live broadcast, set to start Thursday, Dec. 3 (also the International Day of Persons with Disabilities) at 8 pm, the video description component will provide a narration track that’s included between the natural pauses in dialogue that describes visual elements of show, such as facial expressions, settings, information about costumes, and stage direction (this brief video offers a more thorough explanation). FCC Chairman Tom Wheeler said, "During this time of year, we’re reminded that everyone should have access to the joy of the season. That’s why it’s ‘genius’ that Comcast and NBC Universal will enable Americans with vision loss to enjoy a live broadcast show, The Wiz Live!, through visual description technology. Now, Americans with visual impairments across the country will be able to fully experience a lion get his courage, a scarecrow get his brain, and a tinman find his heart through this technology. It’s a historic first for live TV entertainment.”
benton.org/headlines/comcast-nbc-bring-video-descriptions-wiz-live | Multichannel News | Wheeler Statement
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NET NEUTRALITY

GOVERNMENT HAS ADVANTAGE IN NET-NEUTRALITY COURT FACE-OFF
[SOURCE: Center for Public Integrity, AUTHOR: Oghene Oyiborhoro]
[Commentary] In a federal court face-off against the nation’s biggest broadband providers, US government lawyers upholding network neutrality rules may enjoy a slight advantage -- two of the three judges ruling on the case have shown indications of being sympathetic to the government’s position. David Tatel, Sri Srinivasan and Stephen Williams, judges for the US Court of Appeals for the District of Columbia, will hear oral arguments Dec. 4 on lawsuits filed against the Federal Communications Commission over its Open Internet Order, or net neutrality rules. The three-judge panel reviewing the legality of the rules has a decidedly liberal tilt that bodes well for the FCC, those following the case said. Judge Tatel, whom President Bill Clinton appointed in 1994, is the most notable. He was one of three judges that ruled in 2014 that parts of the FCC’s previous net neutrality rules passed in 2010 were unlawful because the agency lacked the authority to regulate the providers if they weren’t classified as a common carrier such as a phone company. Judge Tatel wrote the opinion in that case and some legal scholars believed he gave the FCC a roadmap for writing rules that would pass legal scrutiny.
benton.org/headlines/government-has-advantage-net-neutrality-court-face | Center for Public Integrity
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DIGITAL DIVIDE

THE LAND THAT THE INTERNET ERA FORGOT
[SOURCE: Wired, AUTHOR: W Ralph Eubanks]
Roberto Gallardo is affiliated with something called the Extension Service.Its original purpose was to disseminate the latest agricultural know-how to all the homesteads scattered across the interior. State extension services still do all this, but Gallardo’s mission is a bit of an update. Rather than teach modern techniques of crop rotation, his job -- as an extension professor at Mississippi State University -- is to drive around the state in his silver 2013 Nissan Sentra and teach rural Mississippians the value of the Internet. The issues of digital literacy, access, and isolation are especially pronounced here in the Magnolia State. Mississippi today ranks around the bottom of nearly every national tally of health and economic well-being. It has the lowest median household income and the highest rate of child mortality. It also ranks last in high-speed household Internet access. In human terms, that means more than a million Mississippians -- over a third of the state’s population -- lack access to fast wired broadband at home. Gallardo doesn’t talk much about race or history, but that’s the broader context for his work in a state whose population has the largest percentage of African-Americans (38 percent) of any in the union. The most Gallardo will say on the subject is that he sees the Internet as a natural way to level out some of the persistent inequalities -- between black and white, urban and rural -- that threaten to turn parts of Mississippi into places of exile, left further and further behind the rest of the country.
[This story was originally published on Nov 7]
benton.org/headlines/land-internet-era-forgot | Wired
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DIVERSITY

BIG DATA, INEQUALITY, AND DISCRIMINATION
[SOURCE: Ford Foundation, AUTHOR: Michael Brennan]
[Commentary] It seems like everyone is talking about the power of big data and how it is helping companies, governments, and organizations make better and more efficient decisions. But rarely do they mention that big data can actually perpetuate and exacerbate existing systems of racism, discrimination, and inequality. The problem with big data is that its application and use is not impartial or unbiased. If an employer searched the name of a prospective hire, only to be confronted with ads suggesting that the person had a prior arrest, you can imagine how that could affect the applicant’s career prospects. So while we’re lead to believe that data doesn’t lie -- and therefore, that algorithms that analyze the data can’t be prejudiced -- that isn’t always true. The origin of the prejudice is not necessarily embedded in the algorithm itself: Rather, it is in the models used to process massive amounts of available data and the adaptive nature of the algorithm. As an adaptive algorithm is used, it can learn societal biases it observes.
[Michael Brennan is the Technology Program Officer at Internet Freedom]
benton.org/headlines/can-computers-be-racist-big-data-inequality-and-discrimination | Ford Foundation
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House Committee Reviews State of Broadcasting Ownership in 21st Century

The House Communications and Technology Subcommittee, chaired by Rep. Greg Walden (R-OR), continued its review of the 21st century media landscape and how 20th century rules and regulations are harming the ability of broadcasters and newspapers to compete in the Internet economy.

“This is an era of communications competition. Competition between broadcast news and cable news; competition between print journalism and online journalism; and competition between traditional media and new media. In an era of such intense competition, our laws should not unduly hamper the ability of any one segment to provide the high-quality content consumers have relied on for decades. But that’s exactly what our laws do,” said Chairman Walden.

The rules discussed at the hearing, many of which were written by the Federal Communications Commission in the 1970’s, included the newspaper and broadcast cross-ownership ban (which prevents a company from owning both a television station and major daily paper in the same market), local television and radio ownership limits, the national television ownership cap, and joint sales agreements. The subcommittee also examined the possibility of reviving the minority tax certificate, which incentivizes the sale of broadcast and cable stations to minority owned business interests to increase the diversity of voices in our media landscape.

FCC’s Wheeler Slams, Dunks Media at Chairman’s Dinner

Federal Communications Commission Chairman Tom Wheeler took to the dais at the Federal Communications Bar Association Chairman's dinner at the Washington Hilton ballroom and when he was done, lobbyists, lawyers and media executives had been good and skewered, or in keeping with the sports analogies that predominated, bounced, rejected and stuffed.

Cable operators were squarely in the chairman's sites, particularly given that the dinner was held on the eve of the oral argument in Internet service provider's (and others) challenge of the FCC's reclassification of ISPs under Title II common carrier regulations. Wheeler said that Uber had announced there would be "surge" pricing following the dinner, adding: "[National Cable & Telecommunications Association President] Michael Powell blames it on Title II." Someone blaming something on Title II was a running joke throughout the almost 40-minute industry roast. But Powell, who was in attendance, was a good sport.

Powell was among those featured in a fake ad Wheeler had prepared. "As a former venture capital investor – all these ads for FanDuel and DraftKings [they were both faux sponsors of the dinner, one of Wheeler's running gags] got me smelling opportunity," said Wheeler. "Tonight, I’d like to announce a new business venture: it’s a daily fantasy league for the FCBA. We call it FantaCBA. Here’s how it works. You pick up actual members of the communications bar and watch them rack up points for everything from court cases won to hours billed to footnotes inserted into orders." Among those shown endorsing the site was Powell: "I picked Jonathan Sallet this week, so no matter what happens tomorrow, I'm a winner," he quipped, a reference to the FCC general counsel who will be arguing for the rules and against NCTA's position.