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Benton Applauds NTIA Broadband Adoption Toolkit

On May 2, the National Telecommunications and Information Administration (NTIA) released its Broadband Adoption Toolkit, a document aimed at sharing best practices developed from broadband adoption and digital literacy projects funded by the Broadband Technology Opportunities Program (BTOP). The following can be attributed to Benton Foundation Executive Director Cecilia Garcia:

In addition to promoting jobs and economic development, the American Recovery and Reinvestment Act's broadband stimulus programs were meant to develop community-based models for broadband deployment, adoption and meaningful use in unserved and underserved populations. Today, access to healthcare, educational resources, job training, potential employers, local/state/federal government services, and sources of news all depend on robust access to and regular use of broadband. The private sector alone has not gotten us to universal broadband, a requirement for everyone to be able to participate fully in our economy and civic life. Four years after passage of the ARRA, the successes of the Broadband Technology Opportunities Program (BTOP) must be used to shape both pragmatic policy and best practices for broadband rollout and adoption.

In our research and convenings, the Benton Foundation has found that BTOP-supported projects targeting low-income seniors can greatly inform how to structure the most effective programs to get seniors online:

  • Barriers to adoption for the elderly include anxiety. Projects reported that many seniors fear that they’ll break the computer or otherwise do something wrong.
  • The elderly experience greater socio-economic disparities than other age groups.
  • Effective approaches consider age tiers, rather than lumping seniors into a “65 years+” category.
  • Isolation – contrary to popular opinion, use of computers and the Internet by the elderly helps fight off isolation, rather than increase it.
  • Trust issues: public libraries are cited as trusted places for seniors.
  • It is critical to include the elderly in planning successful program: “Do with, not for.”
  • Seniors make great peer coaches

NTIA’s toolkit collects valuable lessons learned and best practices from BTOP computer centers and adoption projects – representing a federal investment of $450M - in one reference manual. It includes chapters on outreach, discount offerings, program planning, training and curriculum. This is a most welcome resource!

Benton readers know that predicting who gets picked for leadership spots in Washington is a parlor game of high art. For some time now, the game has included predicting who the next chairman of the Federal Communications Commission will be. We’ve reported on the speculation in these pages earlier this year. But, more importantly, former FCC Commissioner Michael Copps wrote here that more meaningful than “who”, perhaps, are the priorities the President and a new FCC chair set.

On May 1, President Barack Obama announced his intention to nominate Tom Wheeler to be the next chairman of the FCC. The FCC has been led for four years by Julius Genachowski who is leaving the commission in mid-May. Wheeler’s confirmation could take some time; President Obama tapped current FCC Commissioner Mignon Clyburn to serve as Interim Chairman until the Senate confirms Wheeler. Commissioner Clyburn will become the first woman to lead the FCC in its (nearly) 80 year history.

President Obama did not announce his choice for the FCC in a simple press release, but at an event at the White House. Was there a hint of the President’s priorities? He said the mission for Clyburn and Wheeler is “giving businesses and workers the tools they need to compete in the 21st century economy, and making sure we’re staying at the cutting edge of an industry that again and again we’ve revolutionized here in America. And as technology continues to shape the way that we do business and communicate and transform the world, we want to make sure that it’s American ingenuity, American innovation, and that we’re setting up legal structures and regulatory structures that facilitate this continued growth and expansion that can create good jobs and continue to grow our economy.”

The President also highlighted two of the top priorities of outgoing-Chairman Genachowski’s: “Making high-speed Internet available everywhere, and keeping it open to everyone.” He congratulated Chairman Genachowski on making “extraordinary progress on both fronts”: helping millions more Americans connect to high-speed Internet, unleashing the airwaves to support the latest in mobile technology, and protecting the Internet as an open platform for innovation and free speech. “And we’re poised to do even more,” the President said.

Innovation, economic expansion, universal broadband, mobility, an open Internet… what’s not to like, right?

Well, industry observers are still stuck on the “who”. Who is Tom Wheeler? Here’s how the President described his qualifications: “Tom is the only member of both the cable television and the wireless industry hall of fame. So he’s like the Jim Brown of telecom, or the Bo Jackson of telecom. And that’s because for more than 30 years, Tom has been at the forefront of some of the very dramatic changes that we’ve seen in the way we communicate and how we live our lives. He was one of the leaders of a company that helped create thousands of good, high-tech jobs. He’s in charge of the group that advises the FCC on the latest technology issues. He’s helped give American consumers more choices and better products. So Tom knows this stuff inside and out. And I think Julius will attest to that because Julius has benefitted frequently from Tom’s input and advice.”

Now there’s a good deal of worry in Washington about Tom Wheeler. Is he anti-broadcasting? The National Association of Broadcasters may be wondering. Would he have approved the AT&T/T-Mobile merger that the FCC and the Department of Justice blocked as the Wall Street Journal indicated? [Public Knowledge’s Harold Feld looks closely at that claim here] With his previous positions lobbying for cable and the wireless industries, is Senate Commerce Committee Chairman Jay Rockefeller (D-WV) justified to say, “A lobbyist is a lobbyist”? [Note: Chairman Rockefeller, who will oversee Wheeler's nomination, had his own preference for FCC chair and Wheeler wasn't it. He preferred his former staffer and current FCC Commissioner Jessica Rosenworcel]

Harold Feld offers sobering analysis of Wheeler as lobbyist:

“It's been ten years since Wheeler left CTIA, longer than that since he left NTCA. Had he really been interested in advancing the agendas of these industries, he was in an excellent position to do so when he headed up the Obama transition team. He did not. Indeed, Susan Crawford and Kevin Werbach, long-time stalwarts of the public interest who worked for Wheeler on the transition team, have joined other public interest luminaries as Wheelers strongest public supporters. Had Wheeler been working behind the scenes in the transition to promote the incumbents, I expect Susan and Kevin would have known.”

We might also look at Wheeler’s most-recent public work. In a statement released May 1, Chairman Genachowski picked up on the President’s remarks: “I was pleased to appoint Tom as Chairman of the FCC’s Technological Advisory Council in 2010, and under his leadership the TAC has made strong contributions to the FCC’s work, including on unleashing spectrum for mobile, removing barriers to private investment, and strengthening our cyber security. At this exciting time in this important sector, I can attest to Tom’s commitment to harness the power of communications technology to improve people’s lives, to drive our global competitiveness, and to advance the public interest. The FCC’s role has never been more essential, and with Tom’s deep policy expertise and his first-hand experience as a technology investor, he is a superb choice to advance the FCC’s mission of promoting innovation, investment, competition, and consumer protection.”

The FCC’s TAC, back in 2010, was charged with answering several questions:

  • What are the innovations that are down the road that the Commission must anticipate now?
  • What is the IP world delivering with unprecedented speed and how does the FCC encourage, not inhibit those developments to translate into investment and jobs?
  • As the technology agency of the government, how can the FCC utilize its voice, especially in the short term, to bring these innovations to bear quickly in a variety of areas (health, energy, public safety, transportation, and others)?

On April 22, 2011, the TAC submitted to Chairman Genachowski a Technological Advisory Council Chairman’s Report that included eight recommendations based on the working groups efforts for near-term opportunities for promoting innovation, competition, and job creation in the technology sector. The report noted that each recommendation is an opportunity for the FCC to unleash new private sector innovation and job creation, without working through traditional regulatory processes. By acting on these recommendations, the TAC stated that the FCC can promote competition, foster industry best practices, and encourage executive action in order to help innovators, small businesses, and local governments pursue new economic development and job growth.

The eight recommendations are:

  1. Municipal Race-to-the-Top program. The FCC should sponsor a Race-to-the-Top-style awards/recognition program to identify a list of cities with the best practices in terms of broadband infrastructure deployment. The “Broadband City USA” contest could provide top rankings for cities and towns based on being the most broadband-friendly in terms of infrastructure planning, accommodation, and permitting/approvals processes. Cities and towns would have an incentive to compete for this designation, making it a tool to further new investment and economic development. The FCC could also use this program as an opportunity to highlight a host of best identified practices for broadband infrastructure deployment, including model city “rights of way” codes.
  2. Broadband Infrastructure Executive Order. The FCC should formally request that the President issue an Executive Order on broadband infrastructure deployment on federal land and in federal buildings. The Executive Order would mandate the following for Federal rights of way and antenna siting approvals:
    • Single document format for permitting
    • Single federal agency to coordinate the permit approval process
    • Sixty day time frame for approvals

    Such an Executive Order would place the Federal government in a position to advance network deployment and resiliency in communities with Federal buildings, especially urban areas where network congestion is most acute. In addition, this Executive Order could advance the development of micro cells, distributed antenna systems (DAS), and other innovative broadband infrastructure, demonstrating a path for growth in this market.

  3. Advocacy for Rapid Tower Siting. The FCC should propose that states and municipalities employ a shortened “shot clock” for co-locations on existing structures or permit co-location “by right” - absent special circumstances. The TAC has identified several impediments to tower siting processes which could be overcome through updates to state and local procedures, including:
    • Inconsistent and non-concurrent time frames for environmental assessments
    • Redundant requirements for co-location applications
    • Repetitive rejection of incomplete applications without identification of deficiencies

    Expediting the process for tower siting could have an important impact on the development of local broadband access in communities, boosting their marketability to new employers and network access for local entrepreneurs. If states and municipalities do not agree to expedite co-location approvals, the Commission should express its willingness to proceed with a new, shorter “shot clock” rule for co-locations.

  4. Best Practices/Technology Outreach to State and Local Governments. The FCC should begin a dialogue with states and municipalities about proven new technologies for efficiently deploying broadband (e.g., micro-trenching, DAS equipment on city light poles, directional boring). The Commission should host a “road show” or series of workshops highlighting best identified practices with new technologies. This road show, in combination with leadership on the federal level through the Executive Order, can help accelerate the development of this new market for network infrastructure.
  5. Model an Online Deployment Coordination System. The TAC believes that timely access to underground facilities has a direct bearing on infrastructure costs and deployment. The FCC should develop a “white label,” web-based communication tool that can be adopted and labeled as their own by localities to provide advance notification of planned infrastructure projects. Such a web-based capacity would allow all those who must excavate rights-of-way to coordinate openings (i.e., “dig once”) and thus speed deployment and reduce costs and civic disruption. Any state or municipality could voluntarily use the FCC model to implement its own “reverse one-call” system to provide notification of new infrastructure projects.
  6. New Metrics to Measure Broadband Network Quality. The TAC believes that, for some usage models, developing metrics beyond throughput speed to measure the quality of Internet Protocol (IP) broadband networks is important for helping the IP ecosystem flourish by enabling "extended" quality standards that can support the subset of applications that require not only fast, but precise, timely and reliable broadband networks. Simply measuring broadband networks by throughput speed does not provide a full picture nor set sufficient performance parameters to support uses with "extended" quality requirements such as healthcare monitoring, emergency services, alarms, etc. Although network services that meet such extended criteria may not be offered by all service providers, or included in all service plans, it would be beneficial to have common metrics for them. Additionally, in transitioning to IP based networks the TAC will be identifying how reliability can be characterized in a multi-modal environment -where reliability is provided by having many alternate paths, means and/or modes of communications. The FCC should initiate the steps necessary for determining how this aspect of the transition will impact the basic architecture of emergency services.
  7. Highlight Stranded PSTN Investments. Network providers have huge investments in existing PSTN infrastructure including copper wire, switches, pole space, and software. Although new information services are designed for IP networks, many homes and businesses still use devices that depend on specific characteristics of the PSTN (e.g., auto-dialers, alarm systems, ATMs, PoS terminals). These services and devices will have to be replaced and the accompanying construction and inspection "codes" revised. The TAC will be creating an inventory of such services. We would recommend that the FCC highlight this concern and initiate a public dialogue so that the technology and know-how for replacing such services is widely disseminated.
  8. Promote Small Cell Deployment. Small cell deployments have the ability to greatly increase spectral efficiency to meet demands of increasing teledensity. The FCC, with the participation of other relevant agencies (e.g., General Services Administration) should convene an industry-led group (e.g., providers, vendors, standards groups, and building owners) to discuss ways to accelerate the deployment of small cell wireless devices (i.e., femtocells, DAS, Wi-Fi) in commercial and government buildings and other high teledensity venues. Accelerating this deployment would meet growing market demand for mobile broadband in dense, urban areas and potentially create new employment for design, installation, and operation of wireless systems. Two ideas in particular that should be explored: (1) development of “universal architectures” for picocells, femtocells, etc., perhaps leveraging convergence around LTE, so that multiple providers using multiple spectrum bands could be served from a single device; and (2) creation of a new “small cell band” spectrum allocation, conceptually a hybrid between licensed and unlicensed spectrum, in which property owners and/or mobile broadband providers would have the ability to freely deploy networks to offload broadband services from other networks with assurances of interference protection from neighboring users.

It is in these eight recommendations and in the President’s stated priorities that we might glean Chairman Wheeler’s agenda and preferred processes. As the Wheeler nomination moves forward, we keep in mind the sage advice of Michael Copps:

“Our focus should not be on rehashing rumors from the gossip mill. It should be laser-beam attention to obtaining clear public policy commitments, from both the Administration and the eventual FCC nominee, on a priority list of telecommunications and media challenges that confront the nation…. I want to know before the next FCC Chair bangs down the gavel for the first time that she or he actually intends to move a proactive public interest agenda. I want to know that she or he really ‘gets it’ that our present news and information ecosystem has been harmfully diminished by years of hyper-consolidation and an almost equally long period of public policy abdication of critical public interest oversight responsibilities…. is perfectly legitimate—and I would argue essential—to obtain these public interest commitments now, before any nomination for FCC chair moves forward.”

We’ve seen lots of coverage of the nomination and reaction to it. Instead of trying to squeeze it all above, we offer links below. We’re likely to see lots more as the nomination moves (slowly) forward and we’ll share what we learn every step of the way. And, in the meantime, we’ll see you in the Headlines.

For more on the Wheeler Nomination:
Meet Tom Wheeler, the man who could control your digital life (The Verge)
Six Revealing Quotes From Obama’s New FCC Nominee, Tom Wheeler (National Journal)
FCC Chairman Nominee Wheeler in His Own Words
Groups Already Weighing In on Wheeler Chairmanship (Broadcasting & Cable 4/30/2013)
Obama’s FCC Pick Has Some Surprising Allies (nextgov)
Sen. Bernie Sanders 'troubled' by FCC pick's lobbying past (The Hill)
Uh-oh: AT&T and Comcast are ecstatic about the FCC’s new chairman (Ars Technica)
A Roundup of Reaction to FCC Pick (Benton Foundation)

Editor’s Note: In the spirit of full disclosure, here’s how Benton Foundation Chairman Charles Benton reacted to the announced changes in FCC leadership:
Too many people in the U.S. – including people of color, people living in rural areas, seniors, people with disabilities and people with low-incomes – are not yet participating fully in America’s economic, civic, and cultural life because they are not able to adopt the communications tools many of us take for granted. The Benton Foundation congratulates the Federal Communications Commission’s new leadership and looks forward to working with them to help bridge this unfortunate and costly divide. We believe that the important industries regulated by the FCC play a vital role in improving the country’s economy and quality of life. The Benton Foundation will continue to advocate for affordable broadband access for all, diversity of voices in media, and pragmatic communications-related policies that favor the public interest over the special interest.



May 2, 2013 (Yes, Wheeler to Head FCC)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, MAY 2, 2013

The New Digital Age: Reshaping the Future of People, Nations and Business http://benton.org/calendar/2013-05-02/


POLICYMAKERS
   President Obama Announces His Nominee for FCC Chair - press release
   Reaction to FCC Pick
   Blog Shows Wheeler Critical of Broadcasting
   Obama to nominate Penny Pritzker as Commerce secretary

INTERNET/BROADBAND
   CenturyLink Enters the Gigabit Network Era
   USDA Announces Funding to Improve Rural Broadband Service in Nebraska and Montana - press release
   NTIA to lift EAGLE-Net suspension, broadband project needs more money
   CenturyLink, Colorado lawmakers fight over $54 million phone subsidy program [links to web]
   Top Level Domain Names Will Change Search [links to web]
   Cyber-Responders Seek New Ways to Respond to Cyberattacks [links to web]
   I’m still here: back online after a year without the Internet - editorial [links to web]
   Fairness on Sales Taxes - editorial

PRIVACY
   Do You Want the Government Buying Your Data From Corporations? - analysis
   Apple, AT&T, and Verizon fall short in protecting your data
   Groups criticize FBI plan to require Internet backdoors for wiretaps [links to web]

WIRELESS/SPECTRUM
   Would the FCC Chair Nominee Really Have Approved the AT&T/T-Mobile Merger? - analysis
   As T-Mobile Swallows MetroPCS, It Must Avoid Indigestion - analysis [links to web]
   Cellphone Thefts Grow, but the Industry Looks the Other Way [links to web]
   Pentagon Expects to Enlist Apple, Samsung Devices [links to web]

CONTENT
   TV Violence Still Prevalent, According To New PTC Study
   US regulators look at dealing with social media
   US media groups bank on digital rights [links to web]

GOVERNMENT & COMMUNICATIONS
   Pressing for Freedom: The State of Digital and Media Repression Worldwide in 2013 - speech [links to web]
   SF Mayor Signs Landmark Open Data Policy and Procedures Legislation [links to web]
   Keys to Successful Telework May Already be in Feds’ Pockets [links to web]

JOURNALISM
   Battle for New Orleans on the journalism front

COMMUNITY MEDIA
   Parents, Children, Libraries, and Reading - research

LOBBYING
   Mark Zuckerberg's Fwd.us in heated controversy over political ads

COMPANY NEWS
   Pay-TV Fees Lift Media Firms [links to web]
   Fox’s Original Idea: No More Reruns [links to web]
   Comcast: We’ll Stick With Triple Play [links to web]
   Facebook Earnings: Profit Rises Amid Growth in Mobile [links to web]

STORIES FROM ABROAD
   Authors, composers want 3.4% of every Belgian’s Internet bill [links to web]

MORE ONLINE
   Home Spending on Entertainment Rises [links to web]

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POLICYMAKERS

TOM WHEELER
[SOURCE: The White House, AUTHOR: Megan Slack]
President Barack Obama announced his intent to nominate a new Federal Communications Chair. President Obama said that Tom Wheeler, his choice for FCC Chair “has been at the forefront of some of the very dramatic changes that we’ve seen in the way we communicate and how we live our lives.” "He was one of the leaders of a company that helped create thousands of good, high-tech jobs," the President said. "He’s in charge of the group that advises the FCC on the latest technology issues. He’s helped give American consumers more choices and better products." And as technology continues to shape the way that we do business and communicate and transform the world, President Obama said that Wheeler will help the FCC fulfill a very important mission, “giving businesses and workers the tools they need to compete in the 21st century economy, and making sure we’re staying at the cutting edge of an industry that again and again we’ve revolutionized here in America.”
benton.org/node/151034 | White House, The | President Obama | NYTimes | Bloomberg | WSJ | The Hill | B&C | TVNewsCheck
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REACTION TO FCC PICK
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
When a new Federal Communications Commission chairman is named, people talk. Here’s what they are saying…
benton.org/node/151033 | Benton Foundation | House Commerce | B&C - FCC | Chairman Genachowski | Commissioner McDowell | Commissioner Clyburn | Commissioner Rosenworcel | Commissioner Pai | B&C – reaction
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CRITICAL OF BROADCASTING
[SOURCE: TVNewsCheck, AUTHOR: Doug Halonen]
One well-placed industry source said that, judging from Wheeler’s personal history as the former head lobbyist for both the cable TV industry (NCTA) and the wireless industry (CTIA) in Washington — and the entries on his blog page — broadcasters have reason for some anxiety that he’s likely the next chairman of the Federal Communications Commission. A quick review of the more than 50 entries on Wheeler’s blog suggests that Wheeler wholeheartedly buys the wireless industry’s argument that many broadcasters are wasting their spectrum. “When only 10% of households rely exclusively on over-the-air signals (for TV reception) and digital technology can cram most market’s existing signals into a single license allocation, the question gets asked whether there might be a higher and better use for those airwaves,” Wheeler wrote in a Nov. 4, 2009, blog entry. “Broadcast spectrum is being kept out of the hands of rapid-paced innovators, while those who hold the spectrum appear to be taking their time embracing the opportunities digital presents,” he wrote on Jan. 11, 2011
benton.org/node/151031 | TVNewsCheck
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PENNY PRITZKER
[SOURCE: Los Angeles Times, AUTHOR: Christi Parsons]
Making official what many Democrats have expected for weeks, President Obama plans to nominate Chicago business executive Penny Pritzker, a longtime political supporter and heavyweight fundraiser, as his new Commerce secretary on May 2. Pritzker’s nomination could prove controversial. She is on the board of Hyatt Hotels Corp., which was founded by her family and has had rocky relations with labor unions, and she could face questions about the failure of a bank partly owned by her family. With a personal fortune estimated at $1.85 billion, Pritzker is listed by Forbes magazine among the 300 wealthiest Americans. She is the founder, chair and chief executive of PSP Capital Partners, a private equity firm, and its affiliated real estate investment firm, Pritzker Realty Group. She played an influential role in Obama’s rise from Illinois state senator to the nation’s 44th president, serving as his national finance chairwoman in his 2008 campaign for the White House and as co-chairwoman of his reelection campaign.
benton.org/node/151020 | Los Angeles Times
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INTERNET/BROADBAND

OMAHA TO GET A GIG
[SOURCE: telecompetitor, AUTHOR: Bernie Arnason]
If you believe that Google, with their Google Fiber initiative, intended to raise awareness about gigabit FTTP networks and persuade other ISPs to move in that direction, it appears to be working. The latest to join the movement is CenturyLink, who announced that they will bring a symmetrical gigabit FTTP network to Omaha. The network will pass 48K homes in CenturyLink’s Omaha footprint. “CenturyLink is pleased to offer its Omaha customers ultra-fast broadband speeds up to 1 Gbps to help keep pace with growing broadband demands,” said Karen Puckett, CenturyLink chief operating officer in a CenturyLink press release. “This demonstrates our commitment to deliver communications solutions that provide our customers with the technology they need to enhance their quality of life, now and into the future.” CenturyLink reports they will begin rolling out this network as early as next week and expects it to be completed by early October 2013.
benton.org/node/150971 | telecompetitor
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RURAL BROADBAND FUNDING
[SOURCE: Department of Agriculture, AUTHOR: Press release]
The Department of Agriculture announced funding for two rural telecommunications companies that will expand broadband service in rural Nebraska and Montana. More than $26 million will be provided from USDA's Rural Utilities Service (RUS) to install fiber networks to improve telecommunications services in these areas. InterBel Telephone Cooperative, Inc., in Montana, will receive a $20.8 million loan to complete a Fiber-to-the-Premises network to help meet future growth requirements. In Nebraska, Hartington Telecommunications Co., Inc., will use a $5.2 million loan to replace copper with Fiber-to-the-Home technology. USDA funding is contingent upon the recipient meeting the terms of the loan agreement.
benton.org/node/151002 | Department of Agriculture
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NTIA TO LIFT EAGLE-NET SUSPENSION, BROADBAND PROJECT NEEDS MORE MONEY
[SOURCE: Denver Post, AUTHOR: Andy Vuong]
The National Telecommunications and Information Administration (NTIA) is allowing EAGLE-Net Alliance to resume the buildout of a taxpayer-funded high-speed Internet network aiming to connect the majority of Colorado's school districts, many of them in dire need of additional bandwidth. EAGLE-Net, the much-criticized organization awarded a $100.6 million grant in 2010 as part of the broadband stimulus program, has been suspended since December after altering its rollout plans without first obtaining the required environmental approvals. Initially scheduled for completion by the end of August, EAGLE-Net will now need an additional year and about $10 million to $15 million in private financing to finish its network. "NTIA has been working closely with EAGLE-Net over the past few months to address the environmental requirements needed to get the project back on track, and it has met those requirements," said NTIA Associate Administrator Anthony Wilhelm. "We'll continue to vigorously oversee the project to protect taxpayers' investment." He added that lifting the suspension now "will allow the organization to take advantage of the spring construction season and focus on helping western Colorado school districts get access to high capacity broadband."
benton.org/node/150974 | Denver Post
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FAIRNESS ON SALES TAXES
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] Twenty-one years is a long time to wait. But that is how long local retailers have waited for Congress to undo a 1992 Supreme Court decision that exempted many online retailers, like Amazon, from collecting most state sales taxes. The exemption has given online sellers a 5 percent to 10 percent price advantage over Main Street stores. The wait, however, may soon be over. Next week, the Senate is expected to pass the Marketplace Fairness Act of 2013, a bipartisan bill that would authorize states to require out-of-state sellers with more than $1 million in sales to collect sales taxes. The states, in turn, must simplify their sales-tax codes and give retailers free software to calculate the taxes — steps already taken by most states. An identical bill in the House also has bipartisan support. The proposed law would close a loophole, not impose new taxes. It’s a matter of efficiency and fairness, of necessity and competitiveness. If those really are bipartisan values, the Senate will act without further delay to pass the Marketplace Fairness Act, and the House will follow suit.
benton.org/node/151028 | New York Times
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PRIVACY

GOV BUYING DATA FROM CORPORATIONS
[SOURCE: The Atlantic, AUTHOR: Bruce Schneier]
Our government collects a lot of information about us. Tax records, legal records, license records, records of government services received-- it's all in databases that are increasingly linked and correlated. Still, there's a lot of personal information the government can't collect. Either they're prohibited by law from asking without probable cause and a judicial order, or they simply have no cost-effective way to collect it. But the government has figured out how to get around the laws, and collect personal data that has been historically denied to them: ask corporate America for it. Soon, governments won't have to bother collecting personal data. We're willingly giving it to a vast network of for-profit data collectors, and they're more than happy to pass it on to the government without our knowledge or consent.
benton.org/node/151007 | Atlantic, The
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PROTECTING YOUR DATA
[SOURCE: InfoWorld, AUTHOR: Woody Leonhard]
The Electronic Frontier Foundation released a report, Who Has Your Back?, which asks a probing question: What does the company do to keep customers' personal information out of the government's hands? The examined companies could receive a gold star in each of six categories:
If the company requires a warrant before releasing information to the government.
If the company notifies customers when their information has been requested (except when prohibited by law).
If the company publishes a report about how many government requests it has fulfilled.
If the company has published formal guidelines on how it responds to information requests from governmental bodies.
If the company has ever fought a request for information in the courts. "[N]ot all companies will be put in the position of having to defend their users before a judge, but those who do deserve special recognition."
If the company belongs to the Digital Due Process Coalition, a group that is pushing the U.S. Congress to rewrite the (largely outmoded) Electronic Communications Privacy Act of 1986.
Of the companies surveyed, only Twitter and Sonic.net lit up the boards with six stars, and Dropbox, LinkedIn, and SpiderOak fell short only in the "fought a request" category -- quite possibly through no fault of their own.
benton.org/node/151006 | InfoWorld
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WIRELESS/SPECTRUM

WHEELER AND AT&T/T-MOBILE
[SOURCE: Public Knowledge, AUTHOR: Harold Feld]
[Commentary] I want to tackle the current "Tom Wheeler would have approved the AT&T/T-Mo merger in 2011." It's easy to say, "oh, all that lobbying for the cable and wireless industry was long ago when they were scrappy upstarts. Why, that was so long ago that the cable industry were battling the broadcasters and the wireless industry were battling the telcos (as opposed to these days when the cable industry battles the telcos and the wireless industry battles the broadcasters)!" But if Wheeler was actually a supporter of AT&T/T-Mobile, then it would seem to prove he still has sympathies to his old industry incumbent comrades. I confess I don't see the same enthusiasm for a combined AT&T/T-Mobile that some have seen. Mind you, perhaps I am unduly charmed by Wheeler's embrace of unlicensed spectrum, Wi-Fi and federal spectrum sharing back in October 2011 – well before his supposed cable masters embraced it and while his supposed wireless masters at AT&T and Verizon still rejected this as a "distraction" from clearing and auctioning. Or perhaps as a fellow who writes long-winded blogs on complex telecom policy I'm unduly sympathetic to complaints that one's blog posts get misinterpreted. But in any event, it’s worth looking at what Wheeler actually said.
benton.org/node/150978 | Public Knowledge
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CONTENT

TV VIOLENCE STUDY
[SOURCE: Associated Press, AUTHOR: David Bauder]
Violence, gore and gunplay were staples on prime-time television even in the most sensitive period directly following the Newtown school shooting. A study of 392 prime-time scripted programs on broadcast networks shown during the month following Vice President Joe Biden's January meeting with entertainment industry executives on the topic revealed that 193 had some incident of violence, according to the Parents Television Council. Some are cartoonish – quite literally, with Homer strangling Bart for mouthing off on "The Simpsons" – but there is plenty of gunplay, stabbings and beat-downs.
benton.org/node/151009 | Associated Press
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SOCIAL MEDIA
[SOURCE: Associated Press, AUTHOR: ]
A week after hackers broke into The Associated Press' Twitter feed and roiled financial markets, federal regulators say they need to find ways to deal with the impact of social media. Members of the Commodity Futures Trading Commission didn't outline immediate action. CFTC Commissioner Bart Chilton suggested they consider imposing tougher cybersecurity rules for investment firms and others that trade. Firms could be held accountable and sanctioned if their security systems were inadequate to prevent a breech.
benton.org/node/150982 | Associated Press
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JOURNALISM

BATTLE FOR NEW ORLEANS
[SOURCE: USAToday, AUTHOR: Rem Rieder]
It doesn't sound like the smartest strategy for success. Despite all the travails in the newspaper business today, a not particularly distinguished paper with a circulation under 100,000 decides to compete in a market 80 miles away. But that's what is happening in southern Louisiana, where The Advocate in Baton Rouge, under new ownership and new leadership, seems poised to significantly expand its foray into New Orleans. Of course, this is New Orleans, where the rules are different. So the audacious game plan might not be so crazy. The Newhouse family's Advance Publications, which owns New Orleans' Times-Picayune, opened the door to this unlikely newspaper war last May when it announced that it was adopting a digital-first strategy and that the paper would only come out three days a week, laying off a third of its staff in the process. Sensing an opening, The Advocate opened up a New Orleans bureau and last October launched a New Orleans edition. It now sells about 20,000 copies a day there, a remarkable number in such a short time. And the stakes are about to be raised, big time.
benton.org/node/151011 | USAToday
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COMMUNITY MEDIA

PARENTS, CHILDREN, LIBRARIES, AND READNG
[SOURCE: Pew Internet & American Life Project, AUTHOR: Carolyn Miller, Kathryn Zickuhr, Lee Rainie, Kristen Purcell]
The vast majority of parents of minor children — children younger than 18 — feel libraries are very important for their children. That attachment carries over into parents’ own higher-than-average use of a wide range of library services. The ties between parents and libraries start with the importance parents attach to the role of reading in their children’s lives. Half of parents of children under age 12 (50%) read to their child every day and an additional 26% do so a few times a week. Those with children under age 6 are especially keen on daily reading with their child: 58% of these parents read with their child every day and another 26% read multiple times a week with their children. The importance parents assign to reading and access to knowledge shapes their enthusiasm for libraries and their programs:
94% of parents say libraries are important for their children and 79% describe libraries as “very important.” That is especially true of parents of young children (those under 6), some 84% of whom describe libraries as very important.
84% of these parents who say libraries are important say a major reason they want their children to have access to libraries is that libraries help inculcate their children’s love of reading and books.
81% say a major reason libraries are important is that libraries provide their children with information and resources not available at home.
71% also say a major reason libraries are important is that libraries are a safe place for children.
Almost every parent (97%) says it is important for libraries to offer programs and classes for children and teens.
benton.org/node/150969 | Pew Internet & American Life Project
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LOBBYING

CONTROVERSIAL ADS
[SOURCE: Los Angeles Times, AUTHOR: Jessica Guynn]
Mark Zuckerberg is being unfriended by progressives angered by television ads from his political advocacy group Fwd.us that praise lawmakers for supporting the expansion of the Keystone XL oil pipeline and drilling in the Arctic National Wildlife Refuge. Their ire is being directed at the billionaire founder and chief executive of Facebook with a protest planned for May 1 at the company's Menlo Park (CA) headquarters shortly before the company releases its first-quarter earnings. The TV ad campaign is designed to give political cover to vulnerable conservatives back home to rally support for comprehensive immigration reform. But controversy generated by the ads could become a problem for Zuckerberg and Facebook. Though none of the ads suggest that Zuckerberg or Facebook support these policies, that distinction may be lost on the general public. "Years and years ago, Michael Jordan was asked why he was not endorsing a Democratic candidate for senator in North Carolina. He said: 'Republicans buy shoes, too.' One of the biggest obstacles for a business leader considering political involvement is the potential impact it would have on his client base," said Dan Schnur, director of the Jesse M. Unruh Institute of Politics at USC. "Zuckerberg’s primary goal is to have immigration reform, and this is a very savvy way of making that happen. But invariably there is going to be people who don’t understand and the inevitable result is going to be this type of press fire."
benton.org/node/151012 | Los Angeles Times | The Hill
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President Barack Obama announced his intent to nominate a new Federal Communications Chair. President Obama said that Tom Wheeler, his choice for FCC Chair “has been at the forefront of some of the very dramatic changes that we’ve seen in the way we communicate and how we live our lives.”

"He was one of the leaders of a company that helped create thousands of good, high-tech jobs," the President said. "He’s in charge of the group that advises the FCC on the latest technology issues. He’s helped give American consumers more choices and better products." And as technology continues to shape the way that we do business and communicate and transform the world, President Obama said that Wheeler will help the FCC fulfill a very important mission, “giving businesses and workers the tools they need to compete in the 21st century economy, and making sure we’re staying at the cutting edge of an industry that again and again we’ve revolutionized here in America.”


President Obama Announces His Nominee for FCC Chair Remarks by the President on Personnel Announcements (President Obama) Telecom Investor Named to Be F.C.C. Chairman (NYTimes) Obama Names Former Lobbyist Wheeler U.S. FCC Chairman (Bloomberg) Obama Nominates Wheeler to Lead FCC (WSJ) Obama calls FCC pick ‘the Bo Jackson of telecom’ (The Hill) It's Official: President Wants Wheeler for FCC Chair (B&C) Obama Nominates Tom Wheeler to FCC (TVNewsCheck)
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When a new Federal Communications Commission chairman is named, people talk. Here’s what they are saying:

  • House Commerce Committee Chairman Fred Upton (R-MI) and Communications Subcommittee Chairman Greg Walden (R-OR) said they were concerned about some of Wheeler's views “on merger conditions that can be misused to affect whole industries, not just those seeking merger approval. The FCC should use its lawful rule making authority as a public and transparent process if it wants to change industry-wide behavior and stop using closed door, strong-arm merger conditions.”
  • Rep. Henry Waxman (D-CA), ranking member of the House Commerce Committee, called Wheeler a tremendous asset and said the FCC was in good hands with Interim Chairman Mignon Clyburn.
  • "Tom Wheeler will bring a deep understanding of the wireless industry," said Sen. Mark Warner (D-VA). "He is a good choice for the FCC during an exciting and tumultuous time for communications policy.”
  • "The FCC's commitment to ensuring adequate local news coverage in New Jersey remains a major concern that I will continue to pursue,” said Sen. Frank Lautenberg (D-NJ). “Mr. Wheeler's vision to expand broadband services will be critical to families and businesses and I look forward to hearing how he plans to utilize America's innovative spirit and communications infrastructure to improve the economy."
  • Current FCC Chairman Julius Genachowski said, “I was pleased to appoint Tom as chairman of the FCC's Technological Advisory Council in 2010, and under his leadership the TAC has made strong contributions to the FCC's work, including on unleashing spectrum for mobile, removing barriers to private investment, and strengthening our cyber security.”
  • "Given his wealth of private-sector experience and his knowledge of the communications industry, Tom is superbly qualified to lead the commission," said Republican Commissioner and soon-to-be senior Republican Commissioner Ajit Pai. "I look forward to working with him on creating a regulatory environment in which innovation and competition will flourish for the benefit of all Americans."
  • "I am excited by the news that President Obama has decided to nominate Tom Wheeler to be the next chairman of the Federal Communications Commission," said FCC Commissioner Jessica Rosenworcel. I know he will bring a deep understanding of communications policy to the role, which he has already demonstrated through his leadership of the Commission's Technological Advisory Council. This agency will face complex issues during the days ahead, but I am confident that he will be a terrific leader and I look forward to working with him."
  • FCC Commissioner Clyburn joined others in congratulating Tom Wheeler on his nomination. She thanked President Obama for the nod to lead the FCC until Wheeler’s nomination is confirmed. “I am committed to continuing the FCC’s strong record of promoting competition, investment, and advancing the public interest. I am a firm believer that our government can be an effective problem-solver with an important role to play in opening doors of opportunity for all Americans.”

Wheeler Hears It From the Hill (B&C – The Hill) Upton, Walden Statement on Nomination of New FCC Chairman (House Commerce) Wheeler, Clyburn Praised By Current FCC Crew (B&C - FCC) Statement (Chairman Genachowski) Statement (Commissioner McDowell) Statement (Commissioner Clyburn) Statement (Commissioner Rosenworcel) Statement (Commissioner Pai) Wheeler Gets Big Welcome (B&C – reaction) Wheeler Reactions Keep on Coming (Broadcasting&Cable)
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One well-placed industry source said that, judging from Wheeler’s personal history as the former head lobbyist for both the cable TV industry (NCTA) and the wireless industry (CTIA) in Washington — and the entries on his blog page — broadcasters have reason for some anxiety that he’s likely the next chairman of the Federal Communications Commission.

A quick review of the more than 50 entries on Wheeler’s blog suggests that Wheeler wholeheartedly buys the wireless industry’s argument that many broadcasters are wasting their spectrum. “When only 10% of households rely exclusively on over-the-air signals (for TV reception) and digital technology can cram most market’s existing signals into a single license allocation, the question gets asked whether there might be a higher and better use for those airwaves,” Wheeler wrote in a Nov. 4, 2009, blog entry. “Broadcast spectrum is being kept out of the hands of rapid-paced innovators, while those who hold the spectrum appear to be taking their time embracing the opportunities digital presents,” he wrote on Jan. 11, 2011


Blog Shows Wheeler Critical of Broadcasting
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When a cell phone is stolen, it is entered in a new nationwide database for stolen cellphones, which tracks a phone’s unique identifying number to prevent it from being activated, theoretically discouraging thefts. But police officials say the database has not helped stanch the ever-rising numbers of phone thefts, in part because many stolen phones end up overseas, out of the database’s reach, and in part because the identifiers are easily modified. Some law enforcement authorities, though, say there is a bigger issue — that carriers and handset makers have little incentive to fix the problem. “The carriers are not innocent in this whole game. They are making profit off this,” said Cathy L. Lanier, chief of the police department of the District of Columbia, where a record 1,829 cellphones were taken in robberies last year.


Cellphone Thefts Grow, but the Industry Looks the Other Way
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[Commentary] Twenty-one years is a long time to wait. But that is how long local retailers have waited for Congress to undo a 1992 Supreme Court decision that exempted many online retailers, like Amazon, from collecting most state sales taxes.

The exemption has given online sellers a 5 percent to 10 percent price advantage over Main Street stores. The wait, however, may soon be over. Next week, the Senate is expected to pass the Marketplace Fairness Act of 2013, a bipartisan bill that would authorize states to require out-of-state sellers with more than $1 million in sales to collect sales taxes. The states, in turn, must simplify their sales-tax codes and give retailers free software to calculate the taxes — steps already taken by most states. An identical bill in the House also has bipartisan support.

The proposed law would close a loophole, not impose new taxes. It’s a matter of efficiency and fairness, of necessity and competitiveness. If those really are bipartisan values, the Senate will act without further delay to pass the Marketplace Fairness Act, and the House will follow suit.


Fairness on Sales Taxes
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Twelve months ago, Facebook barely had a mobile business. On May 1, Facebook disclosed how that has changed: Nearly one out of every three dollars it produces now comes from advertising on smartphones and tablets.

The shift came as the company posted a 38% revenue rise to $1.46 billion in the first quarter from a year earlier, as net income rose 6.8% to $219 million. In particular, Facebook's mobile-ad sales jumped 22% to $374 million from the prior quarter. The company said mobile-ad sales now form 30% of advertising revenue, up from 23% in the fourth quarter and 14% in the third quarter. Results were also buoyed by new targeting tools for advertisers and other new ad products.


Facebook Earnings: Profit Rises Amid Growth in Mobile Facebook's Hard Desk Job (WSJ – growth)
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Samsung and Apple are bringing the smartphone wars to the Pentagon. The U.S. Department of Defense expects in coming weeks to grant two separate security approvals for Samsung's Galaxy smartphones, along with iPhones and iPads running Apple's latest operating system—moves that would boost the number of U.S. government agencies allowed to use those devices.

Both companies have been pushing hard to win over U.S. defense agencies, some of the government's most security-conscious customers. That market is small and still largely dominated by Research In Motion’s BlackBerrys, so the new security approvals won't likely translate into any immediate, big sales or new customers. Still, the approvals are among a handful considered to be the gold standard in communications security. Passing muster at the Pentagon can go a long way in making other security-minded customers—such as bankers and lawyers—feel more comfortable using the devices.


Pentagon Expects to Enlist Apple, Samsung Devices