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BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, FEBRUARY 22, 2013

The Broadcasting Board of Governors meets today http://benton.org/calendar/2013-02-22/

INTERNET/BROADBAND
   Capped Internet: No Bargain for the American Public - research
   The Misuse of International Broadband Rankings Continues… - editorial
   The ITIF Report: A Good Picture but Home Adoption Remains a Challenge - editorial
   The FCC Contradicts Their Facts (Again) To Justify Expanded Broadband Regulation… - editorial
   NCTA, ACA Agree: FCC Needs Broadband Challenge System
   FCC Reaches Out to Local Seniors Committed to Lifelong Learning - press release [links to web]
   Nevada governor signs online gambling bill [links to web]

CYBERSECURITY
   President Obama’s Cyber Order Gives US Lawmakers Cover on Standards
   Identity fraud in U.S. reaches highest level in three years [links to web]
   Is this the year everybody gets hacked? - analysis [links to web]
   Pentagon Takes heat for Elevating Cyber warrior Medal Above Other Honors [links to web]
   Energy Department Announces $20 Million for New Tools and Technology to Strengthen Energy Sector Cybersecurity Protections - press release [links to web]

WIRELESS/SPECTRUM
   Petition to unlock cellphones passes mark for White House response
   AT&T's numbers show carriers' public Wi-Fi networks may not be justifiable [links to web]
   Dish Profit Drops, Highlighting Aim to Diversify [links to web]
   Airtel bets big on Wi-Fi across Africa as it looks for 3G substitutes [links to web]
   Apple-Samsung Judge Says Companies Must Narrow Lawsuit [links to web]

PRIVACY
   House Judiciary Member Wants Answers on Google Sharing
   Why Google, Facebook continue to track you closely - op-ed [links to web]

TELEVISION
   Nielsen Agrees to Expand Definition of TV Viewing
   Behind the great broadcast ratings dip [links to web]
   House of Cards: A TV Distribution Model for the Next Generation - editorial [links to web]

CONTENT
   An inside look at Google's news-ranking algorithm
   Big Music Says Google Isn’t Cracking Down on Pirate Sites, After All [links to web]
   The Whole Story: Parents' Average Week On The Web [links to web]
   A Front-Row Seat via Video [links to web]

HEALTH
   IT in Healthcare: Why Building an Interoperable Health IT System is So Tough - analysis [links to web]

EDUCATION
   What Happens When Factually Flawed Films Hit Our Classrooms? - analysis [links to web]

JOURNALISM
   Mainstream Media Is Missing the Point - analysis
   An inside look at Google's news-ranking algorithm
   What Front-Page Choices Say About The Times’s Priorities [links to web]
   Chicago Sun-Times to launch Newscast [links to web]

GOVERNMENT & COMMUNICATIONS
   Could Google's Push for Digital Privacy Changes Affect Law Enforcement?
   Cops can search mobile phones—only if they’re not password-protected [links to web]

POLICYMAKERS
   As FCC Chief’s Term Nears End, Speculation Grows Over Possible Successor
   FTC Chairman Leibowitz Plans to Remain Into Next Week [links to web]

FCC REFORM
   Remarks of Commissioner Ajit Pai, Before The Federal Communications Bar Association - speech
   Years-Old FCC Rules Finally Get Effective Dates

STORIES FROM ABROAD
   North Korea to allow mobile Internet for foreigners [links to web]
   Venezuelan TV station claims exclusion [links to web]
   Vodafone CEO Leaves Options Open on Verizon [links to web]
   France launches 20 billion euro fiber broadband rollout [links to web]
   Cops can search mobile phones—only if they’re not password-protected [links to web]
   Airtel bets big on Wi-Fi across Africa as it looks for 3G substitutes [links to web]

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INTERNET/BROADBAND

CAPPED INTERNET
[SOURCE: New America Foundation, AUTHOR: Hibah Hussain, Danielle Kehl, Benjamin Lennett, Patrick Lucey]
The cable industry recently changed its tune on data caps. Previously, the industry insisted that caps on Internet usage were necessary for managing network capacity and preventing congestion. Now, they argue that caps promote fair pricing and more affordable broadband. Michael Powell, president of the cable association NCTA and a former chairman of the Federal Communications Commission (FCC), echoed this theme in January at an event held by the Minority Media and Telecommunications Council (MMTC). Mr. Powell conceded that data caps are not about congestion management, but rather that “[the] principal purpose is how to fairly monetize a high fixed cost” and offer lower cost plans to encourage broadband adoption. The shift in rhetoric is clearly designed to win over a skeptical public. Yet cable providers paid off their fixed network construction costs long ago, and as a result now enjoy enormous profitability. Capped plans and usage-based pricing (a model in which users are charged for a specific amount of data usage) will enable cable companies to further increase those profits. Unfortunately for the American public, these new plans will also increase the cost on essential Internet service and discourage the development of innovative applications and services.
benton.org/node/146081 | New America Foundation
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MISUSE OF BROADBAND RANKINGS
[SOURCE: Phoenix Center, AUTHOR: George Ford]
[Commentary] According to a just-released report by the Information Technology & Innovation Foundation (ITIF) entitled The Whole Picture: Where America’s Broadband Networks Really Stand, “Despite the frequent claims that the United States lags in international broadband comparisons, the studies cited to support this claim are out-of-date, poorly-focused, and/or analytically deficient.” We couldn’t agree more, and extend our kudos to Richard Bennett, Luke Steward, and Rob Atkinson for a thorough and dispassionate analysis of broadband deployment and adoption across developed economies. Indeed, I suspect ITIF’s report will become the ”go to” document of the most current basic statistics on where the U.S. falls in international broadband comparisons. Given that the authors’ conclude that the U.S. presently fairs very well in international comparisons and that its position is improving, this document will not please everyone, particularly those who have long been fabricating a broadband crisis in order to support increased government control of the Internet. If you’re still hung up on the international comparisons debate or interact with people that are, I encourage you to read the new ITIF report. But better, I hope you find that this study (along with the other research mentioned here) has put this issue to bed once and for all so we can move on to more relevant and substantive topics in the broadband debate.
benton.org/node/146101 | Phoenix Center
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ITIF REPORT
[SOURCE: Verizon, AUTHOR: Link Hoewing]
[Commentary] The Information Technology and Innovation Foundation (ITIF) recently published a report, “The Whole Picture: Where America’s Broadband Networks Really Stand,” in which it assesses the deployment, performance, and price of broadband in America in comparison to other nations. The report makes a solid case that the U.S. is doing well when it comes to building advanced networks across the country. ITIF also examines broadband adoption and highlights some challenges to increasing adoption rates in the United States, which have recently stagnated. This continues to be a thorn in our side, especially given the benefits we know broadband can bring to every American. Broadband adoption is a complex issue. Consumer adoption of any good or service is driven by a variety of factors, and it is not always easy to determine the main factors influencing consumer demand. On the one hand, adoption of many technologies in the home, from televisions to dishwashers has been fairly widespread over time. By comparison, the uptake of broadband in the home has been very rapid. We’re seeing even faster adoption of mobile broadband via smartphones and tablets, and some people are already relying on mobile connectivity as their primary source of broadband.
benton.org/node/146096 | Verizon
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BROADBAND REGULATION
[SOURCE: Phoenix Center, AUTHOR: Larry Spiwak]
[Commentary] Last year, we released a paper entitled Justifying the Ends: Section 706 and the Regulation of Broadband (and forthcoming, Journal of Internet Law) where we demonstrated how the Federal Communications Commission deliberately ignored its own evidence to support expanded regulatory jurisdiction over IP-based services. With the release of its new Measuring Broadband America Report last week, the FCC once again undermines its factual predicate for Internet regulation. Let me explain. Over the last several years, we have seen the Federal Communications Commission put forth a rather clever argument to expand its regulatory authority over broadband services. Under Section 706(a) of the Communications Act, the Commission “shall encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans … by utilizing … price cap regulation, regulatory forbearance, measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure investment.” If the agency determines that broadband capability is not “being deployed to all Americans in a reasonable and timely fashion,” then “the Commission shall take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications markets.” (Emphasis supplied.) So, stating it plainly, if the Commission reasons that deployment is not “reasonable and timely”, then the agency reasons it has the legal authority to impose broad-reaching regulation over advanced services.
benton.org/node/146099 | Phoenix Center
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BROADBAND CHALLENGE SYSTEM
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Both the National Cable and Telecommunications Association and the American Cable Association are in agreement that the Federal Communications Commission needs to set up a process to verify that government broadband subsidies are going to unserved areas rather than to over-builders of existing broadband service. The FCC, in implementing its Connect America Fund Phase II of its move of Universal Service Funds from phone to broadband subsidies, proposed to use the National Broadband Map to identify eligible census blocks. The FCC also proposed that eligibility be based on a definition of available broadband service tied to a definition of 4 Mbps downstream and 1 Mbps upstream. But it also recognized that might be tough since the map info was collected on a definition of 3 Mbps/768 Kbps. In comments on the Phase II rollout, both ACA and NCTA urged the FCC to adopt the lower standard. ACA pointed out that the proposal by the price cap LECs to up the standard to 6/1.5 Mbps would bring some census blocks with 4/1 provided by cable operators under the unserved definition. "Such a misguided policy would undermine the FCC's objective of not providing support where an unsubsidized competitor provides service."
benton.org/node/146088 | Broadcasting&Cable
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CYBERSECURITY

MORE ON CYBERSECURITY ORDER
[SOURCE: Bloomberg, AUTHOR: Chris Strohm, Eric Engleman]
President Barack Obama’s order to boost U.S. cybersecurity provides political cover to lawmakers who oppose government regulation to improve computer defenses. While the President portrayed his move as countering Congress’s inaction, his cybersecurity standards for companies operating vital national infrastructure are voluntary, not mandatory as called for by an Obama-backed Senate bill that failed last year. Still, the order may let Democrats and Republicans declare standards a moot point. “The executive order takes pressure off the Senate and will allow us to get agreement on a voluntary information sharing bill that will solve 90 percent of the most sophisticated cyber threats that we face,” said House Intelligence Committee Chairman Mike Rogers (R-MI). “The executive order tones down the political rhetoric that was caught up in election year politics.”
benton.org/node/146141 | Bloomberg
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WIRELESS/SPECTRUM

UNLOCKING CELLPHONES
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
A petition on the White House website arguing that people should be allowed to unlock their cellphones has passed the number of signatures required to receive an official response. The petition argues that customers should not have to receive permission from their cellphone carrier to unlock their phone — which allows them to use the device on other companies' networks.
benton.org/node/146089 | Hill, The | The Verge | ars technica
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PRIVACY

QUESTIONS ABOUT GOOGLE SHARING
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Rep. Hank Johnson (D-GA) is concerned enough about Google's data-sharing practices to have sent the company's founder a letter asking for some answers. Rep Johnson, a member of the Judiciary Committee, asked CEO Larry Page to detail the process of selling apps through Google Play, citing reports that it sends the names and addresses, physical and online, to app developers. Such sharing, says Rep Johnson, "potentially threatens the physical and financial safety of consumers while chilling speech and criticism online."
benton.org/node/146085 | Broadcasting&Cable
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TELEVISION

NIELSEN EXPANDING DEFINITION OF TV VIEWING
[SOURCE: Hollywood Reporter, AUTHOR: Alex Ben Block]
Apparently, Nielsen is expanding its definition of television and will introduce a comprehensive plan to capture all video viewing including broadband and Xbox and iPads. The decision to expand beyond traditional TV ratings measurement came out of a meeting in New York of the What Nielsen Measures Committee, a group that has been meeting for nearly a year. The committee is composed of representatives from major TV networks, local TV stations, cable TV networks, advertising agencies and some big brand advertisers. The decisions made by the committee are not binding but a source at one of the big four networks was ecstatic at the prospect of expanded measurement tools. The networks for years have complained that total viewing of their shows isn't being captured by traditional ratings measurements. This is a move to correct that. By September 2013, when the next TV season begins, Nielsen expects to have in place new hardware and software tools in the nearly 23,000 TV homes it samples. Those measurement systems will capture viewership not just from the 75 percent of homes that rely on cable, satellite and over the air broadcasts but also viewing via devices that deliver video from streaming services such as Netflix and Amazon, from so-called over-the-top services and from TV enabled game systems like the X-Box and PlayStation.
benton.org/node/146105 | Hollywood Reporter
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CONTENT

GOOGLE’S NEWS-RANKING ALGORITHM
[SOURCE: ComputerWorld, AUTHOR: Jaikumar Vijayan]
A patent application filed by Google last year provides a detailed look at some of the metrics the company considers when ranking news stories and deciding how prominently to display them on its Google News page. The application, filed in February 2012 and published last July, seeks to build on a patent Google was issued in 2009 titled "Systems and Methods for Improving the Ranking of News Articles." The 2012 patent application offers details on more than a dozen separate metrics the company uses to rank news stories created by other Websites. How Google evaluates stories has been a point of contention with various media companies who have in the past said the company is infringing on their work. Many have also complained that Google can effectively turn on or off a spigot of visitors to a Web site by prominently displaying, or downplaying, a story. Google's decisions also affect what stories readers see, potentially shaping their view of news events.
benton.org/node/146138 | ComputerWorld
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MAINSTREAM MEDIA MISSING THE POINT
[SOURCE: Center for American Progress, AUTHOR: Eric Alterman]
[Commentary] According to a much-discussed recent report in Politico, members of the press are frustrated by their lack of face time with President Barack Obama. Their anger apparently boiled over when they found themselves excluded from the president’s golf outing with Tiger Woods over Presidents Day weekend. Still, it would be hard to find an administration that did not inspire unhappiness among those who have the misfortune of drawing the assignment of covering it for their media outlet. What a remarkably ahistorical bunch these reporters are—and they’re apparently dealing with a collective case of short-term memory loss, too. “He gives interviews not for our benefit, but to achieve his objective,” complained Mark Knoller, a veteran CBS News reporter—as if this were not true of every single politician who has ever given a press interview anywhere, anytime. It may or may not be true that President Obama is less available to the press corps than previous presidents—though in many respects, that means he is probably telling fewer lies to the media and the people than his predecessors did. But it has always puzzled me why so many members of the press think it important to merely regurgitate a play-by-play of the president’s day—to follow him around in a pack and report slight variations on exactly the same story, which happens to almost always be the one the White House wants covered that day. Wouldn’t it be a better use of resources to leave that sort of rote reporting to the wire services—or perhaps an intern, or even a stenographer or two—and let the reporters loose to actually find stuff out?
benton.org/node/146079 | Center for American Progress | Real Clear Politics
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GOVERNMENT & COMMUNICATIONS

GOOGLE AND LAW ENFORCEMENT
[SOURCE: Government Technology, AUTHOR: Colin Wood]
Whenever a new technology emerges that could help police officers or public safety workers do their job more effectively, it's almost inevitable that privacy concerns will arise. And Google, being at the forefront of Internet and technology privacy issues, stated on its blog that it will take a three-pronged approach to technology privacy -- one of which includes how the law currently views much of the content stored online. And this change could affect how officers of the law perform investigations. Google will uphold its transparency policy and strict request for information process, but the company also stated it would advocate for updating laws such as the U.S. Electronic Communications Privacy Act (ECPA), “so the same protections that apply to your personal documents that you keep in your home also apply to your email and online documents.” If implemented, this would likely require government investigators to obtain a search warrant when requesting access to old emails and messages stored online -- something the ECPA doesn't currently account for.
http://www.govtech.com/public-safety/Could-Googles-Push-for-Digital-Priv...
Google’s approach to government requests for user data (Google)
benton.org/node/146128 | Government Technology | Google
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POLICYMAKERS

THE NEXT FCC CHAIR
[SOURCE: Time, AUTHOR: Sam Gustin]
On June 30th, Federal Communications Commission Chairman Julius Genachowski’s five-year term will expire, which has led to speculation that Chairman Genachowski might soon announce his departure. Although the FCC chair is not a cabinet-level position, DC chatter is already flying fast and furious about Genachowski’s replacement, because the FCC holds broad regulatory power over the most important media, communications, and technology companies in the United States. There is particular focus on Genachowski’s future in part because his term at the FCC has been so contentious. Throughout his tenure, he has tried to thread a centrist needle on issues like broadband policy, industry competition, and media consolidation. In doing so, he has managed to annoy almost every constituency, from public interest groups that have pushed for a more activist FCC, to industry giants who have bristled at some of his decisions. Whoever serves as the next FCC chairman — whether it’s Genachowski or someone else — will confront a host of difficult issues. The agency is currently preparing for a complex wireless spectrum auction next year. Verizon Wireless is seeking approval for a controversial joint venture with several cable companies including Comcast and Time Warner Cable. The FCC is also weighing new rules regarding media ownership. And the agency faces a closely-watched legal challenge over its authority to enforce its “Open Internet” rules. Meanwhile, the FCC still has a lot of work to do to help improve broadband speed, service, and competition in the United States. In short, the FCC chairman has a crucially important and difficult government job, which is why it’s vital that the public be informed about the future of the agency and its leadership.
benton.org/node/146077 | Time
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FCC REFORM

FCC COMMISSIONER PAI’S REMARKS
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Ajit Pai]
On February 21, 2013, Commissioner Ajit Pai of the Federal Communications Commission delivered remarks before a luncheon of the Federal Communications Bar Association. During his address, he emphasized the importance of the FCC being as nimble as the industry it oversees so that regulatory inertia does not impede technological progress or deter innovation. He then offered a number of proposals for improving the FCC’s internal procedures and allowing the FCC to act more efficiently.
He said the FCC should:
Handle applications for review by instituting something similar to the U.S. Supreme Court’s certiorari process.
Expand the categories of small transactions that qualify for streamlined treatment, including mergers of geographically adjacent rural carriers.
Circulate draft order addressing forbearance petitions at least four weeks before the one-year statutory deadline and require a vote of the full Commission to extend that one-year deadline.
Set internal deadlines.
Create an FCC Dashboard on the Commission’s website to track the FCC’s performance on key metrics like waiver requests, license renewal applications, and consumer complaints.
He suggested Congress should:
Consolidate the FCC’s reporting obligations to Congress.
Prohibit the FCC from adopting new rules based on Notices of Proposed Rulemaking that are more than three years old.
Modify the Sunshine Act to allow for more collaborative and efficient Commission decision-making.
Modernize statutory provisions addressing application fees.
benton.org/node/146130 | Federal Communications Commission | Commissioner Pai | B&C
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FCC RULES HIT FEDERAL REGISTER -- FINALLY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Register has started publishing February 2013 effective dates for a dozen or so Federal Communications Commission rules and rule changes dating back almost two decades, apparently because the FCC neglected to publish them when they were originally approved by the Office of Management and Budget. That was a problem because as they were written, the rules' effective dates were to be triggered by that publication. Lee Powell, an editor at the Federal Register, pointed to several FCC notices with effective dates of Feb. 21 for rules dating back to 1994, and an FCC source said there were about a dozen similar catch-up publications being published this week in the Register. The FCC official, who was familiar with the directive to clean up the omitted submissions (which came from the Office of General Counsel), suggested it was merely housekeeping. It was essentially "to remove those notes that have been there all these years despite OMB approval," said the source, who had no intel on how the FCC failed to submit them at the time.
benton.org/node/146129 | Broadcasting&Cable
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