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The Federal Communications Commission is required to report annually to Congress on the state of competition in the mobile services marketplace. In June 2011, the FCC released the Fifteenth Report, which provided an analysis of mobile wireless market conditions during 2009 and, to the extent data were available, 2010. This year’s sixteenth Mobile Wireless Competition Report updates the data and analysis presented in the Fifteenth Report, and analyzes mobile wireless service market conditions during 2010 and 2011, as well as during 2012 to the extent data are available.
The analysis includes “competitive market conditions with respect to commercial mobile services.” Like the Fifteenth Report, the Sixteenth Report presents a multitude of industry data on various aspects of mobile wireless competition. Consistent with the FCC’s first seven Annual Commercial Mobile Radio Service (CMRS) Competition Reports, the Fourteenth and Fifteenth Reports did not reach an overall conclusion regarding whether or not the CMRS marketplace was effectively competitive, but provided an analysis and description of the CMRS industry’s competitive metrics and trends. The Sixteenth Report follows the same analytical framework used in the Fifteenth and Fourteenth Reports, with certain improvements based on responses to those Reports. The Sixteenth Report also makes no formal finding as to whether there is, or is not, effective competition in the industry. Rather, given the complexity of the various inter-related segments and services within the mobile wireless ecosystem, the Report focuses on presenting the best data available on competition throughout this sector of the economy and highlighting several key trends in the mobile wireless industry.
FCC Adopts the 16th Mobile Competition Report Statement (Chairman Genachowski) Statement (Commissioner McDowell) Statement (Commissioner Clyburn) Statement (Commissioner Pai)
European Union regulators are examining the contracts Apple strikes with cellphone carriers that sell its iPhone for possible antitrust violations after several carriers complained that the deals throttled competition.
Although they have not filed formal complaints, a group of European wireless carriers recently submitted information about their contracts with Apple to the European Commission, according to a person briefed on the communications with the carriers who asked not to be identified. This person said the accusations focused on Apple’s contracts with French carriers, though other countries may also be involved. In a statement, the European Commission, the union’s administrative arm, which oversees antitrust enforcement in the 27-nation bloc, confirmed that it was examining Apple’s carrier deals. But it said it had not begun a formal antitrust investigation. The commission is not obligated to act until it receives a formal complaint of anticompetitive behavior. That it is already examining the contracts suggests that it is taking the carriers’ concerns seriously.
Europe Weighs iPhone Sale Deals With Carriers for Antitrust Abuse
Commerce has moved online. Now, the disability lawsuits are following.
Advocates for disabled Americans have declared that companies have a legal obligation to make their websites as accessible as their stores, and they've filed suits across the country to force them to install the digital version of wheelchair ramps and self-opening doors. Their theory that the 1990 Americans with Disabilities Act applies to the modern Internet has been dismissed by several courts. Still, the National Federation of the Blind and the National Association of the Deaf have won legal victories against companies such as Target and Netflix. Both companies settled the cases after federal judges rejected arguments that their websites were beyond the scope of the ADA. "It's what I call 'eat your spinach' litigation," said Daniel F. Goldstein, a Baltimore lawyer who represents the NFB. "The market share you gain is more than the costs of making your site accessible."
Deaf, Blind Sue Over Web Shopping
The U.S. is applying money-laundering rules to "virtual currencies," amid growing concern that new forms of cash bought on the Internet are being used to fund illicit activities.
The move means that firms that issue or exchange the increasingly popular online cash will now be regulated in a similar manner as traditional money-order providers such as Western Union. They would have new bookkeeping requirements and mandatory reporting for transactions of more than $10,000. Moreover, firms that receive legal tender in exchange for online currencies or anyone conducting a transaction on someone else's behalf would be subject to new scrutiny, said proponents of Internet currencies.
Web Money Gets Laundering Rule
Pay TV wants to put its foot down on rising content costs. But it may find content providers are inured to its stomping.
A number of major pay-TV providers have publicly joined the chorus in recent weeks, protesting programming costs that are rising faster than the companies can raise their own prices. Time Warner Cable has threatened to drop smaller channels. Last month, Cablevision sued Viacom, alleging that its practice of bundling channels violated antitrust laws. Comcast, for its part, opted for an early buyout of NBCUniversal to hedge against escalating programming costs. The latter were about $32 per video subscriber in 2012, according to Janney Capital Markets. This year, the brokerage firm estimates, those costs will rise 12.6%, with the prices Comcast charges its video subscribers rising only 4.3%. In the latest protest, Verizon Communications is proposing that its FiOS TV division pay networks based on the number of people who watch their channels. Verizon's plan wouldn't necessarily lower bills for FiOS subscribers. But it might help to slow the sharp step-ups in programming costs. Of course, ESPN and other networks would likely insist on higher per-subscriber rates to ensure they cover their costs. But even if ESPN charged $10 a subscriber per month, Verizon would only pay $9.4 million in fees if, say, 20% of FiOS's 4.7 million subscribers watched ESPN that month. Right now, Verizon pays roughly $24 million a month no matter who watches.
Pay TV Will Have to Keep Paying
[Commentary] Courts shouldn't assume that copyright law was designed to protect copyright holders' slowly evolving business models. If Congress wants to outlaw the kind of "gray market" importing that Kirtsaeng practiced, it can do so explicitly. But there are many other industries that have found ways to deter those practices without the aid of copyright law — for example, by using contracts to keep tight control over foreign retailers. Courts have to balance copyright holders' interests against the public's ability to access those works and exercise the rights of ownership. In the Kirtsaeng ruling, the justices restored that balance.
The limits of copyright law
When YouTube emerged as one of the internet’s most popular sites in 2005, some tech analysts were quick to dismiss it as a fad. Eight years later, however, the home of Korean pop music videos, “Charlie bit my finger – Again!” and budding filmmakers and musicians has reached a milestone that TV networks would kill for: one billion unique monthly viewers.
Driving that stratospheric growth is a new demographic group, dubbed Generation C by researchers at Google because they thrive on four ‘C’s: connection, creation, community and curation. Generation C, Google says, has taken up permanent residence on YouTube, making the site one of their primary daily destinations. YouTube plays to the way this generation consumes media – in bite-size chunks that become talking points in the same way TV shows do.
Advertisers tune in to YouTube ‘Generation C’
Mexico’s lower house of Congress gave overwhelming general approval to a telecoms bill that seeks to curb the power of some of the country’s most powerful businessmen. The approval, by 414 votes to just 50 against, marks the first big step towards introducing more competition into telecoms and television as part of a wider push to make Latin America’s second-largest economy more competitive and grow faster.
Introduced by centrist President Enrique Peña Nieto, who took office just three months ago, the bill proposes the creation of a tough industry regulator able to label as “dominant” any company with more than 50 per cent of the telecoms or television markets. It could then impose a series of measures – ranging from asymmetric tariff structures all the way to forcing asset sales – to limit those companies’ power and to make it easier for new entrants to compete more effectively. At the same time, the bill proposes to raise the legal maximum shareholding of foreign investors in companies operating in the sectors – to 49 per cent in the case of television and to 100 per cent in the case of telecoms. Analysts say that the two companies most affected would be América Móvil, the pan-American telecoms company controlled by Carlos Slim, the world’s richest man, and Televisa, the Mexican broadcaster.
Mexico telecoms bill approved
Federal Communications Commission Chairman Julius Genachowski, the top regulator of U.S. telecom companies, is set to announce March 22 that he will step down, an FCC official and an industry official said. The chairman's departure will make the FCC short one Democrat and one Republican after Robert McDowell, the senior Republican on the five-member commission, announced he was stepping down this week. Their replacements require Senate confirmation.
FCC Chairman Genachowski to Step Down Report: Genachowski resigning as FCC chairman Friday (GigaOM)
In a speech outlining his communications priorities, Sen Marco Rubio (R-FL) told a Free State Foundation forum audience that he hopes the Federal Communications Commission's network neutrality rules are overturned and warned against classifying Internet access under Title II as a backstop.
He said they were chiefly keeping the Internet free of regulation foreign and domestic, making sure enough spectrum was being freed up, and FCC process reform. All that came under a philosophical umbrella of light-touch regulation that spurs investment in the economy. He criticized legacy regulations unsuited to a digital world, saying the market had moved past brick-sized phones and giant desk-top computers and that it was time Congress moved past the 1996 Telecommunications Act.
Sen Rubio Says Court Should Overturn Network Neutrality Rules