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December 4, 2012 (FCC Seeks Comment on Broadcast Ownership Report)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, DECEMBER 4, 2012

FTC and FCC Nominees have Senate hearing today http://benton.org/calendar/2012-12-04/


EMERGENCY COMMUNICATIONS
   Verizon 911 failures began long before derecho
   4 ways to get phone service the next time a hurricane Sandy calls - op-ed [links to web]

OWNERSHIP
   FCC Seeks Comment on Broadcast Ownership Report - public notice
   Let’s Focus on the Real Causes of Minority Exclusion from Media Ownership - op-ed
   Rev. Jesse Jackson, David Honig, Others Advocate Telecom Policy Reform to Advance Minority Ownership
   Copps: Current Ownership Proposal Is Déjà Vu-Plus [links to web]
   Judge Denies Injunction in Microsoft, Motorola Patent Suit [links to web]
   Time Warner Cable Warns of Fee Cuts [links to web]

INTERNET/BROADBAND
   United States Government’s Internet Protocol Numbering Principles - press release

WIRELESS/SPECTRUM
   FCC Mulls How Spectrum Auction Will Work
   NAB's Kaplan: Auctions Not Needed to Solve Spectrum Demand Problem [links to web]
   Dish Will Accept 5 MHZ Guard Band Under Certain Circumstances [links to web]
   The Text Message Turns 20 [links to web]

CONTENT
   Social Media Report 2012: Social Media Comes of Age - research
   Sen Corker rallies opposition to Pandora-backed royalty bill [links to web]
   The Daily's Woes Proves Content, not Platform is King [links to web]
   How Social Media Has Changed How We Give [links to web]
   Time Warner Cable Warns of Fee Cuts [links to web]

PRIVACY
   Needed privacy push on smartphone apps - editorial [links to web]
   Consumers Wary Of Mobile Location Marketing [links to web]
   10 Incredibly Simple Things You Should Be Doing To Protect Your Privacy [links to web]

CYBERSECURITY
   Cybersecurity: Managing risks for greater opportunities [links to web]
   Presidential Proclamation -- Critical Infrastructure Protection and Resilience Month, 2012 - public notice [links to web]
   A new brand of cyber security: hacking the hackers [links to web]

GOVERNMENT & COMMUNICATIONS
   House Oversight Leaders Find rare Bipartisan Agreement on IT Reform
   President Obama takes questions about tax rate extension in Twitter Q&A [links to web]
   DISA Eyes Replacement for Hawaii Telecom Network [links to web]
   GSA: Apps.gov Will Go Dark [links to web]
   Border Agents’ Power to Search Devices Is Facing Increasing Challenges in Court

ELECTIONS AND MEDIA
   What happens to @PaulRyanVP?

EDUCATION
   Online Classes Mean No Dorm, Gym or Debt - op-ed

LABOR
   'Made in America' tech not an impossible dream [links to web]

ADVERTISING/AMERKETING
   Can Marketers Apply Obama's TV-Data Play? [links to web]

STORIES FROM ABROAD
These headlines presented in partnership with:

   Nations Meet to Discuss Web Rules
   Cameron Meeting Newspaper Editors to Urge Better Self-Regulation
   Over Half of French Mobile Users Multi-screen: Changing Consumer Habits [links to web]
   Korean Operators Warned Not to Subsidize Apple's iPhone 5 [links to web]

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EMERGENCY COMMUNICATIONS

VERIZON 911 FAILURES
[SOURCE: Washington Post, AUTHOR: Mary Pat Flaherty, Joe Stephens]
The Washington region’s 911 emergency network has suffered widespread systemic failures over the past two years, a rash of outages that started long before June’s derecho storm. There have been at least 11 outages since July 2010 in Maryland and Virginia, some of which left panicked 911 callers listening to busy signals as they tried to report emergencies. Failures have occurred across the region, from the Chesapeake Bay to Virginia horse country. Some outages blocked all calls in a particular area; others restricted the number of calls or deprived authorities of location data and call-back numbers. The troubles occurred in a system operated by Verizon, whose lines handle every 911 call made in Washington’s immediate suburbs. Verizon routes 911 calls to 1,800 government-run call centers in 12 states, making it one of the largest such carriers in the nation. The 911 networks are specifically designed to be fail-safe and to continue operating when other critical infrastructure, such as power lines, are knocked out. But as failures quietly mounted, officials in the Washington area and elsewhere began asking whether the incidents were symptoms of deeper flaws permeating the nation’s emergency-response system, perhaps requiring federal action.
benton.org/node/140644 | Washington Post
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OWNERSHIP

FCC SEEKS COMMENT ON BROADCAST OWNERSHIP REPORT
[SOURCE: Federal Communications Commission, AUTHOR: Public Notice]
This Public Notice offers an opportunity for additional comment on data contained in the Media Bureau’s recently released report on the ownership of commercial broadcast stations. The Ownership Report provides detailed information by race, ethnicity, and gender concerning ownership of commercial television, radio, Class A television, and low-power television stations. The recently released Ownership Report confirms that minority and female ownership numbers remain low and provides more detailed ownership figures. These data are part of the record and have been considered in our current quadrennial review and, along with additional data gathered in subsequent biennial filings, will be considered in our succeeding quadrennial reviews. The Ownership Report was released to the public on November 14, 2012 and parties have submitted material in the record concerning the data. Several parties have requested an additional, formal opportunity to comment on the Ownership Report. Thus, while this proceeding has provided numerous opportunities for public input and participation, the FCC will establish a further comment cycle for this limited purpose.
Comments are due December 26, 2012; reply comments are due January 4, 2013.
benton.org/node/140677 | Federal Communications Commission | FCC blog
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MMTC BACKS RELAXING MEDIA OWNERSHIP RULES
[SOURCE: Politics365, AUTHOR: David Honig]
[Commentary] For decades, the Minority Media and Telecommunications Council (MMTC) supported the Federal Communications Commission’s prohibition on a company owning both a newspaper and a television or radio station in the same city. But this year, as the FCC reviews its media ownership rules, we urge the agency to relax the 37-year-old regulation. As the nation’s leading advocate for equal opportunity and civil rights in mass media, the MMTC champions a diverse and robust Fourth Estate. And the absolute ban on cross-ownership no longer serves this purpose. Diversity of media ownership remains MMTC’s top priority. The FCC recently reported that people of color own an abysmally low 5.1 percent of commercial full power television stations and 8 percent of full-power radio stations. Those numbers are simply unacceptable. MMTC and others have placed before the FCC dozens of proposals that would address the real causes of minority exclusion from media ownership: weak access to capital, discrimination in advertising and employment, and inferior technical facilities. But the Commission should not retain outdated regulations that discourage much-needed investments in local journalism.
benton.org/node/140639 | Politics365
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PROGRESSIVE SOLUTIONS IN A CHANGING WORLD
[SOURCE: Minority Media and Telecommunications Council, AUTHOR: Kenneth Mallory]
“Too few people or companies own too much,” said Rev. Jesse Jackson at the “Progressive Solutions in a Changing World” luncheon held during the Rainbow Push Coalition and Citizen Education Fund’s Annual Telecom Symposium. Jackson has been consistent over the years when discussing the state of broadcast media ownership and Federal Communications Commission (FCC) policies governing media ownership. Titled “Back to the Future – Revisiting the Telecommunications Act of 1996,” the luncheon discussed such policies in the context of whether Congress should revise the Telecommunications Act to address the decreasing diversity in ownership in the media and telecommunications space, as well as the rapid growth of broadband Internet and its convergence on “silos” or specific sectors of the communications industry. The luncheon came on the heels of a recent FCC report of commercial broadcast ownership, which demonstrates that minorities own what many consider a paltry number of the nation’s broadcast stations.
benton.org/node/140592 | Minority Media and Telecommunications Council
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INTERNET/BROADBAND

INTERNET PROTOCOL NUMBERING PRINCIPLES
[SOURCE: National Telecommunications and Information Administration, AUTHOR: Lawrence Strickling]
As we continue to transition to the next-generation Internet routing system, it is important to clarify the United States Government’s (USG) position on the development of Internet technical standards and policies:
We continue to believe that the proper model for the development of Internet technical standards and policies, including those related to IP numbers, is the multistakeholder model.
The five Regional Internet Registries (RIRs), via their multistakeholder processes, are responsible for developing policies for the use of IP numbers within their respective specific geographic regions.
The American Registry for Internet Numbers (ARIN) is the RIR for Canada, many Caribbean and North Atlantic islands, and the United States. The USG participates in the development of and is supportive of the policies, processes, and procedures agreed upon by the Internet technical community through ARIN.
The USG supports and encourages the uptake and adoption of IPv6 throughout the IP value chain, and strives to be an early adopter as evident in Office of Management and Budget (OMB) Directives for U.S. federal agency IPv6 implementation.
Consistent with the policies developed through the current multistakeholder model, the USG believes that all IP numbers are allocated for use on a needs basis and should be returned to the numbering pool when no longer needed.
benton.org/node/140633 | National Telecommunications and Information Administration
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WIRELESS/SPECTRUM

INCENTIVE AUCTIONS
[SOURCE: TVNewsCheck, AUTHOR: Jack Messmer]
The first “incentive auction” to clear some broadcast television spectrum for sale to wireless operators is on the fast-track, but there are still important details to be worked out on just how the process will work so that enough broadcasters are willing to participate. Federal Communications Commission officials spelled out some of the financial options in a PricewaterhouseCoopers LLP (PwC) webcast and urged listeners to file comments as the commission works to write rules for the auction. Just how the price to be paid to broadcasters willing to go off the air, relocate from UHF to VHF or possibly accept additional interference (a possibility still up for consideration) will be set is key to making the auction process work. Speaking on the PwC webcast, William Lake, chief of the FCC's Media Bureau, spelled out two options. First is the possibility of conducting a single round auction using sealed bids. The other possibility is a multi-round auction, described as a “descending clock auction.”
benton.org/node/140675 | TVNewsCheck
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CONTENT

SOCIAL MEDIA REPORT
[SOURCE: Nielsen, AUTHOR: ]
Social media and social networking are no longer in their infancy. Social media continues to grow rapidly, offering global consumers new and meaningful ways to engage with the people, events and brands that matter to them. According to Nielsen and NM Incite’s latest Social Media Report, consumers continue to spend more time on social networks than on any other category of sites—roughly 20 percent of their total time online via personal computer (PC), and 30 percent of total time online via mobile. Additionally, total time spent on social media in the U.S. across PCs and mobile devices increased 37 percent to 121 billion minutes in July 2012, compared to 88 billion in July 2011. The recent proliferation of mobile devices and connectivity helped fuel the continued growth of social media. While the computer remains as the predominant device for social media access, consumers’ time spent with social media on mobile apps and the mobile web has increased 63 percent in 2012, compared to the same period last year. Facebook remains the most-visited social network in the U.S. via PC (152.2 million visitors), mobile apps (78.4 million users) and mobile web (74.3 million visitors), and is multiple times the size of the next largest social site across each platform. The site is also the top U.S. web brand in terms of time spent, as some 17 percent of time spent online via personal computer is on Facebook.
benton.org/node/140607 | Nielsen | Wall Street Journal
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GOVERNMENT & COMMUNICATIONS

HOUSE OVERSIGHT LEADERS FIND RARE BIPARTISAN AGREEMENT ON IT REFORM
[SOURCE: nextgov, AUTHOR: Joseph Marks]
One key to rationalizing the way information technology is managed in government is to mandate transparency about what agencies are buying and from whom, said Rep. Darrell Issa (R-CA). Rep. Gerry Connolly (D-VA), who appeared onstage with Rep Issa at Nextgov Prime, agreed. “Off the shelf software for agency X, identical to that same software for agency Y, ought not to be proprietary information,” Rep Connolly said. “Right now, often, it is. The same company selling the same software to two agencies can insist that one agency can’t know what the other one is paying for it. And it is not uncommon, as Darrell indicated, that, as a result, we have 24 different price structures for the same item.” Rep Issa has proposed legislation to reform federal information technology acquisitions that, among other things, would urge agencies to use open source software when possible. A coalition of industry groups criticized that provision and others in an open letter to Issa Friday, saying they could not endorse the legislation in its current form.
benton.org/node/140599 | nextgov
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SEARCHING DEVICES
[SOURCE: New York Times, AUTHOR: Susan Stellin]
The government has historically had broad power to search travelers and their property at the border. But that prerogative is being challenged as more people travel with extensive personal and business information on devices that would typically require a warrant to examine. Several court cases seek to limit the ability of border agents to search, copy and even seize travelers’ laptops, cameras and phones without suspicion of illegal activity. “What we are asking is for a court to rule that the government must have a good reason to believe that someone has engaged in wrongdoing before it is allowed to go through their electronic devices,” said Catherine Crump, a lawyer for the American Civil Liberties Union who is representing plaintiffs in two lawsuits challenging digital border searches. A decision in one of those suits, Abidor v. Napolitano, is expected soon.
benton.org/node/140673 | New York Times
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ELECTIONS AND MEDIA

WHAT HAPPENS TO CAMPAIGN SOCIAL MEDIA ACCOUNTS?
[SOURCE: Politico, AUTHOR: Ginger Gibson]
For the more than half a million fans following Paul Ryan on the Twitter account the Romney campaign set up, there has been nothing but silence since Election Day. No new tweets. No links. No photos. Nothing. That’s because the account (@PaulRyanVP) doesn’t belong to the Wisconsin congressman. It belongs to Mitt Romney’s campaign. And for Ryan to retake his Twitter followers is more complicated than simply nabbing the password. Though it’s not clear that Ryan would be violating campaign regulations by adopting his own veep handle, lawyers are confused about whether Ryan should go out and grab it anyway. While the political uses of technology have matured, the legal framework around them is still in its infancy. There are no legally binding rules or precedents governing Twitter or Facebook accounts and simply handing them over to another candidate or party committee could violate the existing laws.
benton.org/node/140674 | Politico
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EDUCATION

ONLINE EDUCATION
[SOURCE: Bloomberg, AUTHOR: Jeb Bush, Randy Best]
[Commentary] Growth in online education is now outpacing traditional enrollments by a wide margin. Why? Because it is well-suited to the needs of an increasing number of learners, extending access and allowing students to both work and study. In addition, learning measures for online students have matched or exceeded those for on-campus students. Although graduate programs have seen the largest growth in online learning, significant increases in online undergraduate programs are expected over the next decade. Unfortunately, many universities remain averse to such change and hold to tradition and a classical notion of education. So what is the true incremental cost of serving an online student at a state university today? A study carried out by the University of Texas, comparing online versus on-campus instruction across 15 institutions serving more than 150,000 students, demonstrated a 30 percent to 50 percent cost savings for the Web-based approach. Given that students are asked to shoulder debt for services and amenities that are, objectively, nonessential to their education, people should take notice.
benton.org/node/140603 | Bloomberg
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STORIES FROM ABROAD

WCIT
[SOURCE: Wall Street Journal, AUTHOR: Rory Jones]
The question of who rules the Internet and how is being debated at a 12-day conference in Dubai. The World Conference on International Telecommunications, which started Dec 3, aims to draft a new treaty to underpin international telecommunications regulations. The current rules were put in place in 1988. The conference is sponsored by the International Telecommunication Union, the United Nations agency for information and communication technologies. The bid to change the rule book has unleashed fears of a grab for centralized control of the Internet by the U.N. The process has also come under criticism for its lack of transparency, with documents unpublished and proposals up for debate kept secret. Despite political saber-rattling, observers don't expect drastic changes to the way the Internet is run will be agreed on at the Dubai conference. ITU Secretary-General Hamadoun Touré has said any changes must be agreed upon by all countries involved.
benton.org/node/140661 | Wall Street Journal | AP | AP
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REACTION TO LEVESON REPORT
[SOURCE: Bloomberg, AUTHOR: Robert Hutton]
UK Prime Minister David Cameron will meet newspaper editors to urge them to set up a system of self-regulation, as opponents of proposals from a media-ethics panel begin to shift position. Cameron on Nov. 29 said he wasn’t prepared to “cross the Rubicon” and accept Leveson’s recommendation that any new regulator set up by the press would need to be recognized in law. Today he’ll tell editors gathered in his Downing Street office in London that they need to design a regulator sufficiently independent to dampen calls for full implementation of the Leveson report.
benton.org/node/140659 | Bloomberg
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This Public Notice offers an opportunity for additional comment on data contained in the Media Bureau’s recently released report on the ownership of commercial broadcast stations.

The Ownership Report provides detailed information by race, ethnicity, and gender concerning ownership of commercial television, radio, Class A television, and low-power television stations. The recently released Ownership Report confirms that minority and female ownership numbers remain low and provides more detailed ownership figures. These data are part of the record and have been considered in our current quadrennial review and, along with additional data gathered in subsequent biennial filings, will be considered in our succeeding quadrennial reviews. The Ownership Report was released to the public on November 14, 2012 and parties have submitted material in the record concerning the data. Several parties have requested an additional, formal opportunity to comment on the Ownership Report. Thus, while this proceeding has provided numerous opportunities for public input and participation, the FCC will establish a further comment cycle for this limited purpose.

Comments are due December 26, 2012; reply comments are due January 4, 2013.


FCC Seeks Comment on Broadcast Ownership Report Media Ownership: Going the Extra Mile for Transparency (FCC blog)
Source 
Author 
Coverage Type 

The first “incentive auction” to clear some broadcast television spectrum for sale to wireless operators is on the fast-track, but there are still important details to be worked out on just how the process will work so that enough broadcasters are willing to participate.

Federal Communications Commission officials spelled out some of the financial options in a PricewaterhouseCoopers LLP (PwC) webcast and urged listeners to file comments as the commission works to write rules for the auction. Just how the price to be paid to broadcasters willing to go off the air, relocate from UHF to VHF or possibly accept additional interference (a possibility still up for consideration) will be set is key to making the auction process work. Speaking on the PwC webcast, William Lake, chief of the FCC's Media Bureau, spelled out two options. First is the possibility of conducting a single round auction using sealed bids. The other possibility is a multi-round auction, described as a “descending clock auction.”


FCC Mulls How Spectrum Auction Will Work
Source 
Author 
Coverage Type 

For the more than half a million fans following Paul Ryan on the Twitter account the Romney campaign set up, there has been nothing but silence since Election Day. No new tweets. No links. No photos. Nothing. That’s because the account (@PaulRyanVP) doesn’t belong to the Wisconsin congressman. It belongs to Mitt Romney’s campaign. And for Ryan to retake his Twitter followers is more complicated than simply nabbing the password. Though it’s not clear that Ryan would be violating campaign regulations by adopting his own veep handle, lawyers are confused about whether Ryan should go out and grab it anyway. While the political uses of technology have matured, the legal framework around them is still in its infancy. There are no legally binding rules or precedents governing Twitter or Facebook accounts and simply handing them over to another candidate or party committee could violate the existing laws.


What happens to @PaulRyanVP?
Source 
Author 
Coverage Type 

The government has historically had broad power to search travelers and their property at the border. But that prerogative is being challenged as more people travel with extensive personal and business information on devices that would typically require a warrant to examine.

Several court cases seek to limit the ability of border agents to search, copy and even seize travelers’ laptops, cameras and phones without suspicion of illegal activity. “What we are asking is for a court to rule that the government must have a good reason to believe that someone has engaged in wrongdoing before it is allowed to go through their electronic devices,” said Catherine Crump, a lawyer for the American Civil Liberties Union who is representing plaintiffs in two lawsuits challenging digital border searches. A decision in one of those suits, Abidor v. Napolitano, is expected soon.


Border Agents’ Power to Search Devices Is Facing Increasing Challenges in Court
Author 
Coverage Type 

A Seattle judge has dismissed Motorola Mobility's request for an injunction on Microsoft products because they could infringe standard essential patents. The ruling is part of a broader case over how much a patent holder can charge for technology considered part of an industry standard.

Federal Judge James Robart ruled that since both sides have agreed to license the technology, no injunction is necessary. The judge isn't expected to issue a final ruling in the case until early next year. Since Microsoft has agreed to take a license on Motorola patents either by agreement with Motorola or by order of the court, "this license agreement will constitute Motorola's remedy," the judge said in his order. "Accordingly, Motorola cannot demonstrate that it has been irreparably harmed."


Judge Denies Injunction in Microsoft, Motorola Patent Suit
Author 
Coverage Type 

[Commentary] Smartphones offer quick connections, convenience and a world of choices. But one thing they don't always provide is a shield from advertisers. It's a concern that's leading California state Attorney General Kamala Harris to crack down on app makers who don't plainly disclose privacy policies.

AG Harris recently sent warnings to some 100 firms such as airlines and restaurant reservation services that haven't prominently displayed their policies to users who download mobile apps. Many such apps can rummage through a smartphone to learn personal information, contacts and other data that can be passed along to advertisers and others. Though an overwhelming majority of app makers contacted agreed to provide clearer privacy warnings, some didn't. These firms may face fines and prosecution from Harris, who is strengthening public oversight as the online business world reaches into new areas.


Needed privacy push on smartphone apps

In the aftermath of a disaster such as superstorm Sandy, two-way communication is essential. People need to be able to receive news and updates, and to request assistance and provide status updates to loved ones. Yet after hurricane Sandy, large portions of New York, New Jersey, and other areas lost their communication systems – their mobile phone network, cable TV, and Internet. Some sought out the last few pay phones as the only equipment that worked.

Here are four ways to better prepare our phones and other devices for the next disaster:

  1. Aim for a resilient power supply
  2. Let the Federal Communications Commission do its job: All telecom operators should be required to put in place a minimum amount of backup power before storms in order to ensure a minimum level of service.
  3. Rebuild with the larger 'system' in mind
  4. Promote compatible cellphone networks

4 ways to get phone service the next time a hurricane Sandy calls
Author 
Coverage Type 

According to a Federal Communications Commission filing, Dish is willing to accept an FCC proposal to set aside 5 MHz of its 20 MHZ satellite spectrum as a guard band if the FCC will let it use the remaining spectrum as swiftly and as unencumbered as possible.

According to the filing, Dish Chairman Charlie Ergen met in person or via phone with all the FCC commissioners and many staffers last week. He has argued that the 5 MHZ guard band requirement would wreak havoc with his business plan, which he has said is to create a 4G wireless broadband service in competition with existing services, something the FCC has been promoting. But according to the filing, Dish is ready to accept the guard band, which is meant to protect an adjacent spectrum band (the H block) from interference, a band the FCC plans to auction for wireless broadband.


Dish Will Accept 5 MHZ Guard Band Under Certain Circumstances

Time Warner Cable Chief Executive Glenn Britt warned entertainment companies that he plans to take a "hard look" at programming contracts and may drop TV channels that "cost too much relative to the value of the service."

Speaking at a UBS-sponsored investor conference, Britt said TV channels that receive "hashmark ratings"—very low audiences—are going to experience a "different kind of conversation" when their contracts are up with Time Warner Cable "than we had with them five, six or 10 years ago." The company, like several other pay-TV distributors, has recently complained vocally about the rising fees that entertainment companies, especially those with valuable sports programming, are charging to carry their channels.


Time Warner Cable Warns of Fee Cuts