March 2016

March 21, 2016 (The stigma of being offline)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY, MARCH 21, 2016

Your Right to Know and Choose: Wheeler’s Broadband Privacy Proposal

Today's Events:


WIRELESS/SPECTRUM
   AT&T, Verizon and T-Mobile All Register to Bid in Upcoming Wireless Spectrum Auction
   Court Says FCC Has to Let Latina in Auction
   Chairman Wheeler's Response to Members of Congress Regarding CAF Phase II Reverse Auction [links to Benton summary]

INTERNET/BROADBAND
   “What do you mean, you don’t use the Internet? Do you live under a rock?!” - Bianca Reisdorf op-ed
   Witnesses to Hill: IANA Hand-Off Can Meet Contract Deadline
   Remarks of Assistant Secretary Strickling at the Information Technology and Innovation Foundation - speech [links to Benton summary]
   Chairman Wheeler's Response to Chairman Upton and Chairman Walden Regarding Broadband Deployment, Video Competition and Mobile Wireless Competition [links to Benton summary]
   Chairman Wheeler's Response to Senators Regarding Broadband Investments on Tribal Lands [links to Benton summary]
   Chairman Wheeler's Response to Senators Daines, Wicker, Blunt, Fischer, Johnson and Gardner Regarding the 2016 Broadband Progress Report [links to Benton summary]
   Crovitz: Stop Obama’s Internet Giveaway [links to Wall Street Journal editorial]

CONTENT
   What a deal between Google and T-Mobile says about the future of Internet access
   Remarks of Director of Digital Economy Alan Davidson at Southeast Venture Conference - speech [links to Benton summary]
   Self-Correcting Beyond a Web Era Marked by Sensationalism - NYTimes analysis [links to Benton summary]

TELECOM
   Prison phone company says rate caps will make inmates angry and dangerous
   The Prison-Commercial Complex - op-ed

ELECTIONS & MEDIA
   The Mutual Dependence of Donald Trump and the News Media - Jim Ruttenberg analysis [links to Benton summary]
   Bill O’Reilly vs. Jorge Ramos: Two ways to cover Donald Trump [links to Benton summary]
   Republicans to Pioneer Internet Presidential Voting Next Week - op-ed [links to Benton summary]
   Candidates' debate fallback: 'Go to my website' [links to Hill, The]
   Harry Jessell Editorial: The Best Man for Trump FCC? Me [links to TVNewsCheck]

OWNERSHIP
   ACA, Dish Petition FCC to Deny Nexstar/Media General [links to Multichannel News]
   Chairman Wheeler's Response to Members of Congress Regarding Charter Communications' Proposed Merger with Time Warner Cable and Acquisition of BrightHouse Networks [links to Benton summary]
   Once Charter’s deal for Time Warner Cable clears regulatory hurdles, it will offer a compelling growth story - WSJ analysis [links to Benton summary]

TELEVISION
   Government by Google -- A new rule on cable boxes violates copyright for no consumer gain [links to Wall Street Journal editorial]

CHILDREN & MEDIA
   Regal Cinemas, Cinemark Theatres and AMC Theatres have banned children under age 6 from R-rated movies [links to Wrap, The]

EDUCATION
   Idea to Retire: Technology alone can improve student learning - Brookings op-ed [links to Benton summary]

SECURITY/PRIVACY
   Email Privacy Act Set for April 13 Markup [links to Morning Consult]
   Internet privacy rules: What you need to know [links to Hill, The]
   Troy Wolverton: We all have a stake in Apple's battle with the FBI [links to San Jose Mercury News]
   Black Americans and encryption: the stakes are higher than Apple v FBI [links to Guardian, The]
   Can tech community battle Islamic State online without breaking the Web? [links to Christian Science Monitor]

HEALTH
   Chairman Wheeler's Response to Senator Daines Regarding Support to Wireless Internal Connections through the Rural Health Care Program [links to Benton summary]

GOVERNMENT & COMMUNICATIONS
   Extra credit and updogs: one year in FCC documents
   Need Something from the Government? Most Would Prefer Visiting a Website [links to nextgov]

STORIES FROM ABROAD
   The informational life of the poor: A study of digital access in three Mexican towns - research
   Information and communication technologies and their impact in the economic growth of Latin America, 1990–2013 - research [links to Telecommunications Policy]

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WIRELESS/SPECTRUM

AT&T, VERIZON, AND T-MOBILE ALL REGISTER TO BID IN UPCOMING WIRELESS SPECTRUM AUCTION
[SOURCE: Revere Digital, AUTHOR: Ina Fried]
AT&T, Verizon Wireless and T-Mobile are among 104 companies that have applied to participate in an upcoming auction for airwaves being given up by TV broadcasters. The Federal Communications Commission released its list of companies that have registered to bid in 2016’s auction. However, companies also use affiliates or subsidiaries so it’s sometimes a bit tough to immediately tell who is actually behind some of those registered to bid. It comes about as TV broadcasters have more airwaves than they need thanks to the move to digital TV, while those that offer (or want to offer) cell service badly need more space to serve all the demand for Netflix, YouTube and other video content. Some companies, such as Google and Sprint, had already said that they did not plan to bid. Others, including T-Mobile, AT&T, Verizon and Comcast, had signaled they would participate. In addition, an upstart backed by Social Capital’s Chamath Palihapitiya confirmed it planned to bid. Indeed, Social Capital Rama Spectrum Holdings was on the list of potential bidders.
benton.org/headlines/att-verizon-and-t-mobile-all-register-bid-upcoming-wireless-spectrum-auction | Revere Digital | FCC | B&C
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COURT SAYS FCC HAS TO LET LATINA IN AUCTION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Latina Broadcasters will get to participate in the broadcast spectrum auction, at least provisionally. That could delay the start of the auction by several weeks if the Federal Communications Commission meant what it said in arguing against the stay. The US Court of Appeals for the DC circuit handed down the decision late on March 17. That outcome is better for the FCC than if the court had agreed to stay the auction's March 29 start, which was Latina's backup ask. Granting Latina Broadcasters of Daytona Beach's request for the stay means the court thinks Latina has a good chance of winning its underlying challenge to the FCC's decision not to let it participate. In addition, the court said that it had checked out the FCC's Web site and it appeared that the FCC's data files and projections are based on Latina being eligible. In a two-page order, the court said the FCC "has to permit Latina to participation provisionally in the upcoming broadcast spectrum incentive auction, subject to the outcome of judicial review." The court said that it had reviewed the FCC's broadcast incentive auction web site and "it appears the agency's auction data files and other projections are based on the assumption that petitioner's station would be eligible to participate."As a result, the court said letting Latina in should not delay the auction. FCC spokesperson Charlie Meisch said, "...we will permit Latina Broadcasters to participate provisionally in the Incentive Auction, subject to the outcome of judicial review. The auction will commence on March 29, as scheduled. This morning we are filing a supplemental letter with the Court explaining that, while the Court expressed its expectation that allowing Latina to participate will not cause the auction to be delayed, granting Videohouse’s request for a stay or provisional participation will cause substantial delay and resulting harm to the public.”
benton.org/headlines/court-says-fcc-has-let-latina-auction | Broadcasting&Cable | FCC statement | Pai statement
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INTERNET/BROADBAND

THE STIGMA OF BEING OFFLINE
[SOURCE: Benton Foundation, AUTHOR: Bianca Reisdorf]
[Commentary] In a time and society in which Internet use and Internet skills are expected of everyone—especially those under retirement age—affordable access to broadband infrastructures is a first, key step. But additional barriers to broadband adoption—digital skills and the motivation to use digital technologies and the Internet in the first place—must also be addressed. Recent studies have shown that cost and access remain critical barriers for going (and staying) online. But my research shows that non-users increasingly mention other issues such as a lack of skills and interest as well. At the same time, other studies found that negative attitudes to technologies and the Internet may be holding non-users back from becoming Internet users as much as socio-demographic factors, such as income and education. It is thus important that we pay attention not only to the “hard factors” of being offline, but also the “soft factors” like attitudes and perceptions that could potentially increase the motivation to go online. At the same time, it is critical that we do not patronize non-users by stigmatizing them as being stuck in the 20th century or making them feel like outsiders.
https://www.benton.org/blog/what-do-you-mean-you-dont-use-internet-do-yo...
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IANA HAND-OFF CAN MEET CONTRACT DEADLINE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Witnesses told a House Communications Subcommittee hearing panel March 17 that they thought the US could hand off oversight of the Internet Corporation for Assigned Names and Numbers (ICANN) Internet Assigned Numbers Authority (IANA), which oversees domain naming conventions, from the US to a multistakeholder model by the time the current contract expires at the end of September. The National Telecommunications & Information Administration currently oversees IANA under a contract that was to have expired Sept. 30, 2015, but was extended a year--with an option to extend it three more years--because the plan was not yet ready. In 2014, NTIA concluded that no single nation, including the US, should be overseeing domain names for the Internet and set the transition in motion. At the hearing, Chairman Greg Walden (R-OR) signaled that the transition should be done right, not rushed, and suggested that if need be, the contract should be extended. Steve DelBianco, executive director for NetChoice and an ICANN official, sounded confident. "We can do it," he said. "We have finished the hard work of a report that has been cleared by all of the multistakeholder members. We now have to match bylaws to that report. We've got high-paid lawyers, both for ICANN and for the [stakeholder] community. And they need to come together roughly a week from now with a draft that we can review. When that's done, the only other step is to implement the set-up of certain corporations and creating panels and we can do that in time to get this transition completed."
benton.org/headlines/witnesses-hill-iana-hand-can-meet-contract-deadline | Broadcasting&Cable
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CONTENT

WHAT A DEAL BETWEEN GOOGLE AND T-MOBILE SAYS ABOUT THE FUTURE OF INTERNET ACCESS
[SOURCE: Washington Post, AUTHOR: Brian Fung]
Google's having a change of heart over Binge On, a popular but controversial mobile video program from T-Mobile. Introduced fall 2015, Binge On allows T-Mobile subscribers to watch partnering online services such as Netflix and HBO without having that data consumption eat into their monthly cellular plan. When T-Mobile first launched, Google's YouTube service was noticeably missing as a partner. But now Google is coming on board -- which is remarkable, because it has been critical of T-Mobile's program. And its decision to participate marks the latest in a much wider debate over the future of Web content and Internet access. In addition to participating in Binge On, Google said that T-Mobile has adjusted its program to be more clear about how it treats online video. And T-Mobile has made it easier for subscribers to opt out of Binge On, should they want to do so. This feeds into a larger debate about whether it's appropriate for companies to set up these kinds of agreements in the first place. Some critics argue that exempting specific services from data caps — particularly if there's money changing hands — can distort the marketplace to favor big incumbents and make it harder for new competitors to gain a foothold.
benton.org/headlines/what-deal-between-google-and-t-mobile-says-about-future-internet-access | Washington Post
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TELECOM

PRISON PHONE COMPANY SAYS RATE CAPS WILL MAKE INMATES ANGRY AND DANGEROUS
[SOURCE: ars technica, AUTHOR: Jon Brodkin]
Prison phone companies are trying to stop a new Federal Communications Commission effort to impose rate caps on intrastate calls, with one executive claiming that immediate enforcement of new caps will cause "jail unrest." The phone companies and the FCC have different interpretations of a stay order issued on March 7. Prison phone companies say the court order should mostly preserve the status quo, while the FCC argues that the order lets it apply its existing caps on interstate call rates to intrastate calls. Securus Technologies CEO Richard Smith filed an affidavit in federal appeals court, arguing that the FCC has misinterpreted the court order and that imposing the rate caps on intrastate calls will cause problems in prisons and jails. Under a heading titled "Jail Unrest," Smith's affidavit stated: "This chaos and confusion about what is the correct intrastate calling rate—and the only answer is that there is no federally mandated intrastate calling rate after the Court's March 7 Order which stayed all new rates—will carry over into correctional facilities themselves. Inmates will be angry if they believe that Securus is charging the wrong rates. There could be damage to Securus phones and equipment, as well as a threat to overall security and corrections personnel including inmates within the facilities. Having been in this industry for eight years, I have experience with jail unrest and I know that issues with the phones can trigger it."
benton.org/headlines/prison-phone-company-says-rate-caps-will-make-inmates-angry-and-dangerous | Ars Technica
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THE PRISON-COMMERCIAL COMPLEX
[SOURCE: New York Times, AUTHOR: Chandra Bozelko]
[Commentary] An order from the Federal Communications Commission that caps rates for United States prison telephone calls went into effect. A late stay by a federal appeals court, sought by phone companies suing the FCC, had threatened to delay the order’s implementation. The stay affects several portions of the FCC’s regulation, but key rate caps and restrictions on charges now apply — to the delight of advocates for prisoners and their families who have long criticized the call rates as a form of price gouging. But the celebrations are premature. Companies that cater to correctional populations target people who have a desperate need and no other options. Capping phone rates will provide little check on a $1.2 billion industry. Despite the rate-capping order, the phone companies’ litigation against the FCC’s efforts to rein in their excessive charges is likely to continue. But even as they fight in court, the companies are dodging oversight by exploiting a system that is largely unregulated: prison financial services. The Consumer Financial Protection Bureau should be scrutinizing the whole prison service provider market, including the money transfer system and so-called release cards — prepaid debit cards for prison use that charge higher fees than debit-card customers face on the outside. The Federal Trade Commission, and its Bureau of Consumer Protection, could also buttress what the FCC has achieved. Prisoners are consumers, too, and deserve protection, for everyone’s benefit.
[Bozelko served six years in York Correctional Institution in Connecticut]
benton.org/headlines/prison-commercial-complex | New York Times
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OPEN GOVERNMENT
   Extra credit and updogs: one year in FCC documents

FCC FOIA REQUESTS
[SOURCE: The Verge, AUTHOR: Colin Lecher]
As part of the newsgathering process, The Verge sends Freedom of Information Act requests, asking for documents maintained under federal law. On a good day, we get something noteworthy. But here's a secret: the majority of requests go exactly nowhere. For every story you read, there were a handful that never reached escape velocity — requests that were denied, where records didn't exist, or where the documents handed over weren't all that interesting. That's where it gets weird. The FCC closed at least 800 FOIA requests in 2015, according to a log of requests turned over as part of a FOIA request for FOIA requests. A few highlights from that log.
benton.org/headlines/extra-credit-and-updogs-one-year-fcc-documents | Verge, The
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STORIES FROM ABROAD
   The informational life of the poor: A study of digital access in three Mexican towns - research

THE INFORMATIONAL LIFE OF THE POOR
[SOURCE: Telecommunications Policy, AUTHOR: Judith Mariscal Avilés, Sebastián Benítez Larghia, María Angélica Martínez Aguayo]
This paper seeks to contribute to the debate on the impact of the adoption of information technologies (ICT) in poverty reduction by understanding how the poor obtain, share and use ICT on their everyday life – what we call the informational lives of the poor. It identifies the opportunities and challenges regarding ICT adoption in three rural communities with different levels of marginalization and connectivity in Mexico. Using “before and after” studies we attempt to identify and understand mechanisms through which ICT (and broadband, in particular), may have an impact on poverty alleviation. Using a combination of the Capabilities Approach and Livelihoods Perspective, this research shows that mobile broadband access (as opposed to fixed shared access) and effective training through the role of infomediaries enables low-income communities to develop new skills, to engage in new practices and to find useful applications for old and new abilities, needs and interests. A specific finding that has not received attention in the literature is the productive role of immediate family members as infomediaries; the weight of family networks plays a crucial role in learning about ICTs. These networks fuel a sense of confidence required to handle knowledge and practices that are initially alien in this sector. We found that ICT adoption changes the pattern of information seeking and enhances informational capabilities and existing assets of low-income communities. Through our control case, that did not have any connectivity, we identified the high transaction cost people face as well as the business opportunities the digitally excluded forego.
benton.org/headlines/informational-life-poor-study-digital-access-three-mexican-towns | Telecommunications Policy
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“What do you mean, you don’t use the Internet? Do you live under a rock?!”

[Commentary] In a time and society in which Internet use and Internet skills are expected of everyone—especially those under retirement age—affordable access to broadband infrastructures is a first, key step. But additional barriers to broadband adoption—digital skills and the motivation to use digital technologies and the Internet in the first place—must also be addressed. Recent studies have shown that cost and access remain critical barriers for going (and staying) online. But my research shows that non-users increasingly mention other issues such as a lack of skills and interest as well. At the same time, other studies found that negative attitudes to technologies and the Internet may be holding non-users back from becoming Internet users as much as socio-demographic factors, such as income and education. It is thus important that we pay attention not only to the “hard factors” of being offline, but also the “soft factors” like attitudes and perceptions that could potentially increase the motivation to go online. At the same time, it is critical that we do not patronize non-users by stigmatizing them as being stuck in the 20th century or making them feel like outsiders.

The Prison-Commercial Complex

[Commentary] An order from the Federal Communications Commission that caps rates for United States prison telephone calls went into effect. A late stay by a federal appeals court, sought by phone companies suing the FCC, had threatened to delay the order’s implementation. The stay affects several portions of the FCC’s regulation, but key rate caps and restrictions on charges now apply — to the delight of advocates for prisoners and their families who have long criticized the call rates as a form of price gouging. But the celebrations are premature.

Companies that cater to correctional populations target people who have a desperate need and no other options. Capping phone rates will provide little check on a $1.2 billion industry. Despite the rate-capping order, the phone companies’ litigation against the FCC’s efforts to rein in their excessive charges is likely to continue. But even as they fight in court, the companies are dodging oversight by exploiting a system that is largely unregulated: prison financial services. The Consumer Financial Protection Bureau should be scrutinizing the whole prison service provider market, including the money transfer system and so-called release cards — prepaid debit cards for prison use that charge higher fees than debit-card customers face on the outside. The Federal Trade Commission, and its Bureau of Consumer Protection, could also buttress what the FCC has achieved. Prisoners are consumers, too, and deserve protection, for everyone’s benefit.

[Bozelko served six years in York Correctional Institution in Connecticut]