December 2016

Weekly Digest

AT&T-Time Warner: Is Bigger Badder?

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 for the Week of December 5-9, 2016

December 9, 2016 (John Glenn)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, DECEMBER 9, 2016

John Glenn, American Hero of the Space Age


AGENDA
   FCC To Hold Open Commission Meeting Thursday, December 15, 2016 - press release
   FCC to Host Consumer Webinar Dealing with Robocalls Dec 14 [links to Federal Communications Commission]

TRANSITION
   Trump’s Labor Pick, Andrew Puzder, Is Critic of Minimum Wage Increases [links to New York Times]
   Editorial: Andrew Puzder Is the Wrong Choice for Labor Secretary [links to New York Times]
   What Trump means for telecom, media and technology - The Hill op-ed
   How Trump and promise of FCC reform are already spurring economic growth - Scott Cleland op-ed [links to Benton summary]
   Can President Obama's Tech Legacy Survive President Trump? - Fast Company analysis [links to Benton summary]
   AT&T CFO: Potential tax reform under Trump would likely spur more investment [links to Fierce]
   Trump victory sets off a tsunami of lobbying activity by companies [links to Washington Post]
   American Cable Association Pins Hopes on McMahon [links to Benton summary]

ELECTIONS & MEDIA
   Media: Democracy’s Essential Reform - Michael Copps op-ed
   Top Dems Seek Full Congress Briefing on Russian Election Hacks [links to nextgov]
   The New York Times’s false equivalency problem, in one paragraph [links to Vox]
   RNC Joins Trump in Media Bashing [links to Benton summary]
   Teaching journalism after election a tricky endeavor [links to Columbia Journalism Review]
   The U.S. election was the most-discussed topic on Facebook in 2016 [links to Politico]

GOVERNMENT & COMMUNICATIONS
   Trump as Cyberbully in Chief? Twitter Attack on Union Boss Draws Fire
   The powerful melding of Trump and Twitter - WaPo editorial
   Agencies Continue to Struggle with Uploading their Spending Data [links to nextgov]

ACCESSIBILITY
   FCC Disability Advisory Committee Recommendation to the Commission on Internet of Things [links to Federal Communications Commission]
   FCC Disability Advisory Committee Recommendation on Video to Text [links to Federal Communications Commission]
   FCC Disability Advisory Committee Recommendation on Number Portability [links to Federal Communications Commission]

INTERNET/BROADBAND/TELECOM
   FCC's 2016 Lifeline Modernization Order: What You Should Know - Next Century Cities
   "The Glass Room": An Art Exhibit That Reveals How Unhealthy our Internet Habits Are. [links to Medium]
   Congress Moves to Curb Ticket Scalping, Banning Bots Used Online [links to New York Times]

WIRELESS/SPECTRUM
   FTC Providing Over $88 Million in Refunds to AT&T Customers Who Were Subjected to Mobile Cramming - press release
   Can the FCC’s spectrum auction conclude successfully? - Brookings analysis [links to Benton summary]

OWNERSHIP
   Is the media contributing to global inequality? - op-ed
   How media law could drive a wedge between Donald Trump and the Republican Congress
   As ‘The Apprentice’ Returns to TV, Trump Stands to Profit [links to New York Times]
   MoffettNathanson: A Sprint/T-Mobile tie-up is no done deal [links to Fierce]
   With LinkedIn, Microsoft Looks to Avoid Past Acquisition Busts [links to New York Times]

SECURITY/PRIVACY
   Editorial: Internet giants' deal to block terrorists' imagery is a double-edged sword [links to Los Angeles Times]
   Bill to Elevate CYBERCOM Heads to Obama’s Desk [links to nextgov]
   A Gaping Hole in Consumer Privacy Protection Law - Technology Academics Policy op-ed [links to Benton summary]
   The US gave up on being a leader on encryption. China and Russia are eager to step in. - AEI op-ed [links to Benton summary]
   Your data is not safe. Here's how to lock it down [links to CNN]
   Here's How Much a StingRay Cell Phone Surveillance Tool Costs [links to Vice]

CONTENT
   YouTube Reaches Settlement Over Songwriting Royalties [links to Washington Post]
   Without these ads, there wouldn't be money in fake news [links to Los Angeles Times]

JOURNALISM
   Video: Clinton says fake news 'a danger that must be addressed' [links to Washington Post]
   Facebook's Sandberg: Fake news didn't swing election [links to Hill, The]
   As journalists push back against hoaxes and conspiracies, media skeptics are using charges of “fake news” against professionals [links to Atlantic, The]
   Washington Post fake news story blurs the definition of fake news [links to Columbia Journalism Review]
   Fake-News Sites Inadvertently Funded by Big Brands [links to Wall Street Journal]
   Evangelicals, your attacks on ‘the media’ are getting dangerous [links to Washington Post]
   Attempting to fill a local news void, ProPublica launches Illinois unit [links to Columbia Journalism Review]
   Op-Ed: Bringing Back Fairness and Honesty in the Media [links to Huffington Post]
   Nonprofit Journalism Groups Are Gearing Up With Flood of Donations [links to New York Times]

TRANSPORTATION
   Transportation Department Weighs Allowing Phone Calls During Flights [links to Wall Street Journal]

RESEARCH
   The Research Lifecycle: A Look Inside Pew Research Center [links to Pew Research Center]

PHILANTHROPY
   Listening for change: Why foundations need to pay attention to what grantees are saying [links to Medium]

POLICYMAKERS
   Chairman Thune Throws in Towel on Commissioner Rosenworcel Vote Despite Wheeler’s Pledge to Resign
   AT&T’s Ralph de la Vega to retire [links to Reuters]

COMPANY NEWS
   Great gadget companies are now having a harder time than ever getting off the ground [links to New York Times]
   Tech’s biggest battle yet is for your time [links to USAToday]

STORIES FROM ABROAD
   Cellphones have lifted hundreds of thousands of Kenyans out of poverty [links to Vox]
   UK Regulator Ofcom Lays Out Plans for "Full Fibre' Rollout [links to International Telecommunication Union]
   After a Cyberattack, Germany Fears Election Disruption [links to New York Times]

MORE ONLINE
   On Campus, Trump Fans Say They Need ‘Safe Spaces’ [links to New York Times]

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AGENDA

FCC DECEMBER MEETING
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission will hold an Open Meeting on the subjects listed below on Thursday, December 15, 2016:
Transition from TTY to Real-Time Text Technology: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking to help achieve the transition from TTY technology to a reliable and interoperable means of providing real-time text communication over wireless Internet protocol-enabled networks and services.
Amendment of Part 11 of the Commission’s Rules Regarding the Emergency Alert System: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking to enhance the Emergency Alert System (EAS) as a tool for community emergency preparedness. The Report and Order improves alerting organization at the state and local levels, builds stronger community-based alerting exercise programs, and protects the EAS against accidental misuse and malicious intrusion. The Further Notice seeks comment on proposals to leverage technological advances to improve alerting and additional measures to preserve EAS security.
Update to Parts 2 and 25 Concerning Non-geostationary, Fixed-Satellite Service Systems and Related Matters: The Commission will consider a Notice of Proposed Rulemaking to update, clarify, and streamline the Commission’s rules to facilitate the deployment of recently proposed nongeostationary-satellite orbit, fixed-satellite service satellite systems.
[Visit URL for more]
benton.org/headlines/fcc-hold-open-commission-meeting-thursday-december-15-2016 | Federal Communications Commission
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TRANSITION

WHAT TRUMP MEANS FOR TELECOM, MEDIA AND TECH
[SOURCE: The Hill, AUTHOR: Adonis Hoffman]
[Commentary] Elections have consequences. And nowhere are the consequences more monumental than in the telecommunication, media and technology (TMT) sector, where the erstwhile status quo stands to be upended soon. Hazarding an early guess on the "Trump doctrine," we should expect a more benign, pro-business approach to communications regulation as it affects TMT.
Under Trump, size will not matter: Big corporations are not seen as inherently bad or suspect, despite candidate Trump's shoot-from-the-hip reactions to questions on mergers during the campaign.
Communications Act rewrite and FCC jurisdiction: The Communications Act of 1996 is the statutory beacon for federal policy in the media and communications space. As its title suggests, however, the Act is 20 years old, and is in desperate need of revision, if not reform altogether.
Telephone Consumer Protection Act (TCPA): The Obama Federal Communications Commission adopted one of the most controversial anti-business rulings in decades, as it reinterpreted the TCPA. Seen by many companies as a boon for class action litigants, the TCPA imposed costly restrictions on the ability of businesses to communicate with their customers with auto dialer technology. Both Republican FCC Commissioners — Ajit Pai and Michael O'Rielly — have been opposed to the FCC's interpretation of the TCPA and have delineated its detrimental effect on business. In a Trump Administration, their view will prevail, and the current TCPA ruling is likely be reversed.
[Adonis Hoffman is chairman of Business in the Public Interest and adjunct professor at Georgetown University]
benton.org/headlines/what-trump-means-telecom-media-and-technology | Hill, The
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ELECTIONS & MEDIA

MEDIA: DEMOCRACY'S ESSENTIAL REFORM
[SOURCE: Moyers and Company, AUTHOR: Michael Copps]
[Commentary] For democracy to survive, media must thrive — media that serve the people, provide the news and information we need to make informed decisions about the future of our country, understand their obligation to serve the public interest first and foremost, and help protect us from the depredations of monopoly and oligopoly markets. Central to this is an Internet that can support quality journalism. There is no viable model for this today, and most experts agree that the kind of investigative journalism that once thrived in traditional media like newspapers and TV has not transferred to the Internet, even while it disappears from the older media. There may be fewer levers out there to push post-election, but the reality is we have never come close to pushing all the levers that already exist. You’re a lever; so are your family, friends, neighbors and colleagues. So are whatever independent media left standing. So are local, state and national public interest groups. It’s time NOW to organize, coordinate and deploy these resources, and others, into battle. Share and write about your thoughts with anyone who will listen or read, seek out local and national decision-makers and let them know an open Internet and affordable communications aren’t partisan issues: they impact each and every one of us.
[Michael Copps is a former commissioner and acting chairman of the Federal Communications Commission, where he served from 2001–11. He serves on the board of Free Press and the Free Press Action Fund and is a special adviser to Common Cause.]
benton.org/headlines/media-democracys-essential-reform | Moyers and Company
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GOVERNMENT & COMMUNICATIONS

CYBERBULLY IN CHIEF
[SOURCE: New York Times, AUTHOR: Michael Shear]
Thirty years as a union boss in Indiana have given Chuck Jones a thick skin. But even threats to shoot him or burn his house down did not quite prepare him for becoming the target of a verbal takedown by the next president of the United States. In what one Republican strategist described as “cyberbullying,” President-elect Donald J. Trump derided Jones on Twitter, accusing him of doing “a terrible job representing workers” and blaming him for the decisions by companies that ship American jobs overseas. The messages continued Mr. Trump’s pattern of digital assaults, most of them aimed at his political rivals, reporters, Hollywood celebrities or female accusers. But rarely has Trump used Twitter to express his ire at people like Jones, the president of United Steelworkers Local 1999, who described himself as “just a regular working guy.” With the full power of the presidency just weeks away, Trump’s decision to single out Jones for ridicule has drawn condemnation from historians and White House veterans.
benton.org/headlines/trump-cyberbully-chief-twitter-attack-union-boss-draws-fire | New York Times
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TRUMP AND TWITTER
[SOURCE: Washington Post, AUTHOR: David Hoffman]
[Commentary] Donald Trump is America’s first Twitter president. The tweet has become an accelerant for his bullying style. Tweets allow little room for argument and yet reach millions with every missive. The wonderful thing about the digital revolution is that Trump has no monopoly on this vast and mighty tool; it is in everyone’s pocket. But Trump, with his 17 million followers, has perfected a powerful strategy. He uses tweets like a class bully with a spitball. The technique is to catch the intended target off-guard, hit them in the back or side of the head. Some people use Twitter to raise questions, express anger or make fun. Trump loves the imperative voice, and Twitter enables it nicely. The imperative is a special grammatical mood for commands, instructions and requests, and if you use an exclamation point, then the thought becomes a shout. Mix this with Trump’s volatile moods, personal authoritarianism, high self-regard and loose command of facts, and you have a captivating form of political communication. Trump eschews complexity. Twitter has no room for complexity. Trump loves a megaphone. Twitter is a giant amplifier. His idea of being boss is throwing down his decisions — “You’re fired!” — but the presidency actually involves intricate relations with other parties. Twitter, on the other hand, is perfect: Why allow Congress or your critics to squeeze into your car when all you want is to be alone at the wheel?
benton.org/headlines/powerful-melding-trump-and-twitter | Washington Post
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INTERNET/BROADBAND

FCC'S 2016 LIFELINE MODERNIZATION ORDER
[SOURCE: Next Century Cities, AUTHOR: ]
The Federal Communication Commission established the Lifeline program (Lifeline) in 1985 under President Reagan as a means of ensuring that low-income individuals had access to essential telecommunications services. Lifeline has been in place for 30 years, working to eliminate the telephone divide, and with the implementation of the 2016 Modernization Order, it will work to close the digital divide as well. The program provides a discount of $9.25 per month per household to low-income individuals for telecommunication services. Beginning December 2, 2016, where available, recipients of the Lifeline program will be able to apply their benefit to either broadband or telephone service.
benton.org/headlines/fccs-2016-lifeline-modernization-order-what-you-should-know | Next Century Cities
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WIRELESS/SPECTRUM

FTC PROVIDING OVER $88 MILLION IN REFUNDS TO ATT CUSTOMERS SUBJECTED TO MOBILE CRAMMING
[SOURCE: Federal Trade Commission, AUTHOR: Press release]
The Federal Trade Commission is providing over $88 million in refunds to more than 2.7 million AT&T customers who had third-party charges added to their mobile bills without their consent, a tactic known as “mobile cramming.” The refunds to consumers relate to 2014 settlements with AT&T, and the companies behind two of the cramming schemes, Tatto and Acquinity. The refunds represent the most money ever returned to consumers in a mobile cramming case. Through the FTC’s refund program, nearly 2.5 million current AT&T customers will receive a credit on their bill within the next 75 days, and more than 300,000 former customers will receive a check. The average refund amount is $31. According to the FTC’s complaint, AT&T placed unauthorized third-party charges on its customers’ phone bills, usually in amounts of $9.99 per month, for ringtones and text message subscriptions containing love tips, horoscopes, and “fun facts.” The FTC alleged that AT&T kept at least 35 percent of the charges it imposed on its customers.
benton.org/headlines/ftc-providing-over-88-million-refunds-att-customers-who-were-subjected-mobile-cramming | Federal Trade Commission | FTC blog
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OWNERSHIP

MEDIA AND INEQUALITY
[SOURCE: Christian Science Monitor, AUTHOR: Nick Couldry, Clemencia Rodriguez]
[Commentary] As more media outlets fall under the control of a shrinking number of private owners, opportunities for ordinary people around the globe to participate and produce media are under threat.
[Nick Couldry, London School of Economics and Political Science, and Clemencia Rodriguez, Temple University]
benton.org/headlines/media-contributing-global-inequality | Christian Science Monitor
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MEDIA OWNERSHIP, CONGRESS AND TRUMP
[SOURCE: Washington Post, AUTHOR: Brian Fung]
Soon-to-be House Commerce Committee Chairman Greg Walden (R-OR) and Rep John Yarmuth (R-KY) want to repeal a long-standing ban on media consolidation, calling it a “disco era” rule that prevents struggling local media outlets from surviving in an increasingly-competitive market for information. Their legislation takes aim at a 41-year-old rule that prohibits a company from owning both a newspaper and a radio or television station in the same market. Critics of media ownership consolidation have included President-elect Donald Trump, who during his campaign lashed out at the proposed deal to combine AT&T with media titan Time Warner. Repealing the media ownership ban is necessary to help smaller voices stay economically competitive, according to proponents. But critics of consolidation, such as Trump, have worried that the trend could lead to the crowding out of conservative voices. Trump's previously stated opposition to media consolidation raises questions about his position on the bill from Reps Walden and Yarmuth. Although the media cross-ownership ban applies only to ownership of newspapers and broadcast media, not cable, the walls that have traditionally divided these companies into silos are rapidly collapsing.
benton.org/headlines/how-media-law-could-drive-wedge-between-donald-trump-and-republican-congress | Washington Post
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POLICYMAKERS

ROSENWORCEL NOMINATION
[SOURCE: Morning Consult, AUTHOR: Brendon Bordelon, Amir Nasr]
Senate Commerce Committee Chairman John Thune (R-SD) has essentially given up on a floor vote for Federal Communications Commissioner Jessica Rosenworcel’s confirmation for a second term. He said that a vote before her term ends on Dec. 31 is extremely unlikely despite FCC Chairman Tom Wheeler’s conditional pledge to Senate Minority Leader Harry Reid (D-NV) to step down immediately if it would expedite her reconfirmation. Chairman Wheeler is required by law to step down as chairman of the commission when President-elect Donald Trump takes office on Jan. 20, but his term as a commissioner doesn’t end until June 2018. Before this week, he hadn’t been specific about his plans under the next administration. But his promise to stop down is being viewed as too little, too late. “If in fact he has made those representations, we’re just finding out about them now,” Chairman Thune said, adding that it seems Chairman Wheeler “wasn’t in any hurry to get out of there.” “My sense is that we’re kind of up against the clock now,” Chairman Thune said. “And it’s going to be very hard, even if Wheeler was agreeable to stepping down, to be able to get all this done between now and the time we go out.” “Even if they clear this, this is going to take a cloture vote,” Chairman Thune said, referring to a procedural maneuver that would bypass the objection of a senator or senators and takes several days. “A lot of our members are probably going to object to this.” Without Senate confirmation for a second term, Rosenworcel’s tenure at the agency will conclude at the end of December. Chairman Thune said it’s still possible Commissioner Rosenworcel could be nominated again in January 2017, perhaps as a part of a deal to reconfirm Republican FCC Commissioner Ajit Pai.
benton.org/headlines/chairman-thune-throws-towel-commissioner-rosenworcel-vote-despite-wheelers-pledge-resign | Morning Consult | The Hill
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