January 2016

FCC Pauses Shot Clock on Charter-TWC Review

The Federal Communications Commission has paused the clock on the Charter-Time Warner Cable-Bright House Networks merger review for 15 days. The FCC had no comment beyond what it said in a letter to the parties informing them, but the stoppage, not unusual in merger reviews, came after documents were submitted around the holiday breaks.

“We have recently submitted supplemental information to underscore the benefits of these transactions and it is expected that the FCC would want to give the public time to comment," Charter said. "We are working well with the FCC on its review of our deal and continue to look forward to a timely approval.” That included information on interconnection, cybersecurity, regional sports networks, low-cost broadband and more. "The commission has a strong interest in ensuring a full and complete record upon which to base its decision in this proceeding," the FCC said. "Pausing the clock will ensure that commenters have sufficient time to review and comment on this new information, and will provide commission staff with the necessary time to review both the applicants' materials and any responses." The FCC's 180-day shot clock is an informal guide, not a deadline.

T-Mobile’s Binge On Optimization is Just Throttling, Applies Indiscriminately to All Video

The Electronic Frontier Foundation decided to test T-Mobile's Binge On Optimization by posting a video on one of tour servers and tried accessing it via a T-Mobile LTE connection using various methods and under various conditions.

The first result of our test confirms that when Binge On is enabled, T-Mobile throttles all HTML5 video streams to around 1.5Mps, even when the phone is capable of downloading at higher speeds, and regardless of whether or not the video provider enrolled in Binge On. This is the case whether the video is being streamed or being downloaded—which means that T-Mobile is artificially reducing the download speeds of customers with Binge On enabled, even if they’re downloading the video to watch later. The second major finding in our tests is that T-Mobile is throttling video downloads even when the filename and HTTP headers (specifically the Content-Type) indicate the file is not a video file. We asked T-Mobile if this means they are looking deeper than TCP and HTTP headers, and identifying video streams by inspecting the content of their customers’ communications, and they told us that they have solutions to detect video-specific protocols/patterns that do not involve the examination of actual content. Our last finding is that T-Mobile’s video “optimization” doesn’t actually alter or enhance the video stream for delivery to a mobile device over a mobile network in any way. This means T-Mobile’s “optimization” consists entirely of throttling the video stream’s throughput down to 1.5Mbps. If the video is more than 480p and the server sending the video doesn’t have a way to reduce or adapt the bitrate of the video as it’s being streamed, the result is stuttering and uneven streaming—exactly the opposite of the experience T-Mobile claims their “optimization” will have. In other words, our results show that T-Mobile is throttling video streams, plain and simple.

Four Essentials for Digital Inclusion Efforts

[Commentary] Over the last few months, I have been speaking with and visiting digital inclusion organizations across the United States to better understand local efforts to address the digital divide. Digital inclusion is a national priority in the United States. High-speed Internet access is widely recognized as a necessity for full participation in today’s society. Employers, educators, businesses, healthcare providers, and civic institutions expect people to have access to computers and broadband connectivity. However, accessible, reliable, and affordable broadband service continues to be out of reach for millions of Americans, many of whom live in low-income households. This gap in adoption of high-speed Internet and the lack of skills needed to use broadband-enabled tools in meaningful ways continue to be significant problems that policymakers, researchers, and practitioners have all focused their attention on for over a decade. In my conversations with and observations of eight digital inclusion organizations, I’ve identified four essential activities that are necessary to help low-income individuals and families adopt broadband in ways that are most appropriate to their personal needs and contexts: 1) Providing low-cost broadband, 2) Connecting digital literacy training with relevant content and services, 3) Making low-cost computers available, and 4) Operating public access computing centers.
[Dr. Colin Rhinesmith is a Benton Faculty Research Fellow. He is also an Assistant Professor in the School of Library and Information Studies at the University of Oklahoma.]

How the Department of Justice, Federal Trade Commission and Federal Communications Commission Regulate Media Company Acquisitions

[Commentary] Regulating concentration of control in the mass media and related technology companies is a never-ending chore for the Department of Justice (DOJ), the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC). This is the first of a two-part discussion of the regulation of media ownership. It will deal with the way in which the three agencies deal with proposed acquisition of media properties. (This blog previously visited this question here.) The second part will address the FCC’s specific rules establishing limits on how many broadcast properties one owner can control and the ongoing (and seemingly endless) litigation surrounding those rules. Industries within the FCC’s jurisdiction and their Congressional supporters frequently object to the fact that they are subject to two different enforcement schemes. They argue that the antitrust laws provide sufficient protection for the public and that the FCC’s review of media transactions is burdensome and duplicative, and thus should be repealed or circumscribed. However, given the important impact of these companies on the diversity of voices in the media, the pace of broadband deployment and the evolution of digital technologies, it seems unlikely that the FCC’s role will be limited in the foreseeable future.

FCC Wireless Competition Report Highlights Shrinking Tier 2 and 3 Market

The nation’s four largest wireless service providers – AT&T, Sprint, T-Mobile and Verizon—had a combined market share of 98.5% as of year-end 2014, leaving all other wireless providers combined with only 1.5% of the market, according to a report released in late December by the Federal Communications Commission. In comparison, the top four providers controlled only about two-thirds of the market in 2003.

Actual Vs. Advertised Broadband Speed: FCC Praises Fiber and Cable, Finds DSL Lacking

In the latest actual vs. advertised broadband speed debate, most broadband providers are delivering the speeds they advertise, according to the Federal Communications Commission’s latest “Measuring Broadband America” report, released December 30.

The main exceptions are DSL-based broadband providers, said the FCC, which bases its findings on the experiences of volunteer panelists whose performance data is collected by the FCC using Internet-based tools. This year’s report was based on data collected during the year ending September 2014. The best performing providers, measured by the percentage of advertised speeds delivered, are Cablevision, Comcast and Hughes, the FCC said. The report notes that fewer than 10% of customers of each of those companies were unable to attain an average download speed of at least 95% of the advertised broadband speed. In contrast, less than half of DSL customers of four providers – AT&T, CenturyLink, Frontier and Windstream — attained average download speeds that were at least 95% of the advertised rate.

Some Internet customers running into data caps

As broadband providers continue to expand and upgrade their networks throughout West Virginia, some Internet customers in the state are finding barriers to their existing service.

In recent months, some customers with Suddenlink in West Virginia — and other companies nationwide — have run into new policies, known as data allowances or data caps, that limit the number of emails, photos, songs and videos they can download in a given month. The policies also limit customers’ streaming capabilities from on-demand Internet media streaming services like Netflix, Hulu or Amazon Prime. “We have introduced data plans in virtually all markets and are in the process of rolling them out to the remaining few,” said Pete Abel, a spokesman for Suddenlink, one of the biggest cable and broadband providers in the country. Abel said the data plans, which limit the number of gigabytes a customer can download without being charged an additional fee, are meant to improve Suddenlink’s system and ensure that customers who use their Internet service less are not negatively affected by customers who use more than their allotted amount of data.

Lawmakers notch win in fight for global cyber laws

Lawmakers pushing for global cyberspace norms have scored an early win. The major cybersecurity bill that President Barack Obama signed into law includes a clause requiring the State Department to publicly produce an international cyberspace policy within 90 days. The edict is the product of months of cajoling from cyber-focused lawmakers on Capitol Hill, who regularly have warned that the lack of global cyberspace rules poses serious dangers.

Why Countries Need National Strategies for the Internet of Things

The Internet of Things offers many opportunities to grow the economy and improve quality of life. Just as the public sector was instrumental in enabling the development and deployment of the Internet, it must play a similar role to ensure the success of the Internet of Things. Therefore, national governments should create comprehensive national strategies for the Internet of Things to ensure that the technology develops cohesively and rapidly, that consumers and businesses do not face barriers to adoption, and that both the private and public sector take full advantage of the coming wave of smart devices.

A national strategy for the Internet of Things, if designed and implemented correctly, would maximize the opportunity for the Internet of Things to deliver substantial social and economic benefits. No country will successfully capture these benefits by leaving development of the Internet of Things solely up to the market, just as no government actions could capture all of the potential benefits without a robust private sector that can innovate unencumbered by overly restrictive regulations. As countries increasingly recognize the potential of the Internet of Things, they should develop comprehensive national strategies that proactively promote development and adoption of the technology while limiting regulatory barriers that restrict its growth.