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The Federal Communications Commission decided to free cable operators from obligations to provide non-sports cable channels they own to rival satellite and phone companies that also provide video services. The move comes after the FCC decided not to extend its “program access” rules, first enacted 20 years ago as a way to ensure that rivals could compete with big cable companies. By allowing those programs to expire, the FCC freed cable companies from obligations to license “must-see” programming. But even after the change, cable channels will have to provide sports programming they own. In a unanimous decision, the FCC concluded that the pay-TV marketplace is now competitive enough that the rules are no longer necessary. The order allows the FCC to continue to review video distribution agreements on a case-by-case basis. The FCC may have had little choice but to allow the rules to expire. Judges on the D.C. Circuit Court of Appeals wrote in 2007 that they anticipated that by 2012, the rules would no longer be justified.
FCC frees up cable operators from program access rules FCC (FCC Report & Order) Statement (Chairman Genachowski) Statement (Commissioner McDowell) Statement (Commissioner Clyburn) Statement (Commissioner Rosenworcel) Statement (Commissioner Pai) FCC lifts ban on exclusive cable channels (The Hill) FCC Sunsets Ban on Exclusive Contracts (B&C) FCC Exclusivity Ban Sunset Draws Interested Stares (B&C – reaction) Commissioners Weigh In On Access Ban Votes (B&C – FCC Commissioners) FCC Votes to Sunset Program Access Rules (AdWeek) FCC Sunsets Program-Access Rules (National Journal)
[Commentary] Retransmission consent is now solidly embedded in broadcasting business, and, for television station owners, it has been a unqualified boon. It is providing the dual revenue stream -- advertising and programming fees — that has allowed broadcasters to keep pace with cable in acquiring sports and other expensive programming. Without it, broadcasting's future would be bleak. With it, that future is bright.
So, it's fitting that we take a moment to celebrate the 20th anniversary of retransmission. On Oct. 5, 1992, Congress overrode a presidential veto and adopted the Cable Television Consumer Protection and Competition Act. It was a stunning setback for cable, and an extraordinary triumph for broadcasters. It was the National Association of Broadcasters's finest hour. Under the leadership of then-President Eddie Fritts, it cooked up retransmission and it guided it through an extraordinary legislation process. As I recall, the veto override was the only one of the Bush I administration. CBS also deserves great credit for its forceful and effective advocacy. NAB was helped by cable's all-or-nothing strategy. Cable never seriously negotiated provisions of the bill, relying solely on the promised veto. Had it negotiated, it might have been able to mitigate broadcasters' retransmission rights. Cable rate regulation drove passage of the bill, but retransmission — the requirement that cable operators get permission from stations before carrying their signal — was, in retrospect, the critical component. (Retransmission was extended to satellite in subsequent legislation.)
Happy 20th Birthday to Retransmission Consent
The National Telecommunications and Information Administration (NTIA) provides this Quarterly Report on the status of the Broadband Technology Opportunities Program (BTOP). This Report focuses on the Program’s activities from April 1 to June 30, 2012. From April to June 2012, BTOP grant recipients continued to demonstrate strong performance across the Program’s FY12 goals. These positive results have helped the Program deliver significant progress in areas such as new fiber-optic infrastructure construction, the opening of new PCCs, and thousands of new broadband subscribers now experiencing the benefits of high-speed Internet service. Recipients’ quarterly progress reports, which were made public at the beginning of September 2012, provide a more granular depiction of these results.
The Program made considerable progress in deploying network miles during this quarter with widespread construction activity occurring during spring 2012. Recipients also continued to lease dark fiber and existing broadband facilities when available. BTOP recipients also exceeded NTIA’s FY12 goal to deploy 50,000 new or upgraded network miles across the country. Recipients deployed nearly 15,000 network miles during the past quarter, bringing the total number of miles to more than 72,000. Through June 30, 2012, recipients were deploying facilities in 47 states and territories. NTIA expects the pace of network construction to remain strong through the summer and fall of 2012 as most recipients are engaged in the implementation phase of their projects.
Last quarter, BTOP recipients connected and/or improved service to nearly 1,700 anchor institutions within their project areas, bringing the total number of institutions to more than 10,000 across 41 states and territories. The total number of anchors connected with BTOP funds increased by 20 percent from the previous quarter. With the activity this quarter, NTIA reached its FY12 goal to connect 10,000 institutions. As BTOP recipients deploy additional new network miles, they will continue to provide more institutions with faster and more reliable high-speed Internet access.
Through June 2012, 64 BTOP recipients installed more than 36,000 new workstations in Public Computer Centers across 40 states. PCC recipients continued to make considerable progress last quarter, exceeding the FY12 goal to install 35,000 new or upgraded public workstations. Recipients installing workstations also continue to develop and implement training programs and educational courses, including much-needed job training. During the quarter, public computer centers provided 1.4 million hours of training to 371,000 users.
Through June 2012, 34 BTOP recipients reported that more than 380,000 households and 8,000 businesses subscribed to broadband services after receiving digital literacy or job training. New subscribers for the past quarter totaled nearly 55,000, meaning that more Americans are now using the Internet to search and apply for jobs, advance their educational goals, and find health-related information. Nearly 79 percent of SBA grant recipients reported new broadband subscribers. NTIA expects the number of new subscribers to continue to increase as more households complete training programs, receive subsidized computer equipment or broadband service, and take advantage of workstations and discounted subscriptions provided by BTOP funds. BTOP recipients exceeded NTIA’s FY12 goal of 350,000 planned new broadband subscribers.
During the third quarter of FY12, BTOP recipients spent more than $420 million in Federal grant funds. These funds were matched by recipient contributions of nearly $125 million. Cumulatively, Federal outlays for the Program totaled $2.1 billion, while total recipient matching contributions exceeded $820 million.
NTIA’s Fourteenth Quarterly Status Report to Congress Regarding BTOP NTIA Provides BTOP Progress Report (B&C)
There are more gay and lesbian characters on network television this season than ever before, according to a study released by the Gay & Lesbian Alliance Against Defamation (GLAAD), a group that advocates for diversity in the media.
The study assessed the 97 scripted shows that are scheduled to premiere on the networks sometime during the season that started last month. It counted 31 regularly-appearing characters that identify as gay, lesbian, bisexual or transgender, up from 19 last season and 23 two seasons ago. ABC had more such characters (10) than any other network. CBS, which was criticized by GLAAD in the past, was praised this time for having four such characters. Looking at all 701 regularly-appearing characters on the networks this season, GLAAD found that 55 percent are male and 78 percent are white. About 12 percent are African American, 4.7 percent are Asian and 4.1 percent are Latino. Only four of the characters, or 0.6 percent, have disabilities. GLAAD also found an uptick in gay characters on major cable networks.
GLAAD Finds More Gay and Lesbian Characters on Television
One of the first concerns about the T-Mobile/MetroPCS merger raised by outsiders was the fact that today the two companies use a different type of network technology.
T-Mobile’s network has evolved from the type of system used by AT&T while MetroPCS has historically relied on a CDMA network similar to those used by Verizon and Sprint. That has some analysts and investors worried that the combined company could face the kind of hurdles that Sprint saw in the wake of its Nextel deal — a combination that, years later, still forces the company to operate two incompatible networks. But T-Mobile CTO Neville Ray says the key is that both companies have been moving toward a similar next-generation LTE network. Indeed, Ray says the combined spectrum will allow the company to offer a much stronger network in key cities than the two carriers ever could have done solo.
Two Networks, One Company: T-Mobile Explains Why Its MetroPCS Deal Can Work
Multiple iPhone 5 production lines were "in a state of paralysis" after as many as 4,000 workers walked off the job at a factory in China, according to a labor group.
A strike occurred at a Foxconn factory in Zhengzhou at 1 p.m. Beijing time Oct 5 because workers were forced to work during a holiday, China Labor Watch said. The organization also reported that Foxconn raised demands on product quality without providing proper training, so workers turned out products that didn't meet standards; that "ultimately put a tremendous amount of pressure on workers." China Labor Watch said 3,000 to 4,000 people walked off the job, most of them workers from the on-site quality control line. Quality control inspectors were reportedly "beat up multiple times by workers" during several fights that led to hospitalizations, the organization said.
Foxconn workers reportedly walk off iPhone 5 production lines
Facebook said a $15 billion lawsuit accusing the company of secretly tracking the Internet activity of its users after they log off should be dismissed because the subscribers didn’t specify how they were harmed.
The complaint suffers from an “utter lack of allegations of any injury to these particular named plaintiffs,” Matthew Brown, a lawyer for Facebook, told U.S. District Judge Edward Davila in San Jose, California. The plaintiffs haven’t identified what websites they visited, what kind of data or information was collected, or whether Facebook used it or disclosed it to anyone else, Brown said. “They have not done anything close to that.” The lawsuit consolidates similar complaints filed on behalf of U.S. residents who subscribed to Menlo Park, California-based Facebook from May 2010 to September 2011 in 10 different states, including California, Texas and Alabama.
Facebook Seeks Dismissal of $15 Billion Privacy Suit
The Consumer and Governmental Affairs Bureau (CGB) of the Federal Communications Commission prepared this Biennial Report for submission to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives (to the Committees or to Congress) in accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA).
The purpose of the CVAA is to “update the communications laws to help ensure that individuals with disabilities are able to fully utilize communications services and equipment and better access video programming.” In enacting the CVAA, Congress noted that the communications marketplace had undergone a “fundamental transformation” since it last acted on these issues in 1996 when it added Section 255 to the Communications Act of 1934, as amended (Communications Act). Although Section 255 addressed the accessibility of telecommunications services and equipment, Congress since concluded that people with disabilities often have not shared in the benefits of this rapid technological advancement. Implementation of the CVAA is a critical step in addressing this inequity. In accordance with the CVAA, the Report presents information and assessments related to the accessibility of telecommunications and advanced communications services and equipment.
Biennial Report to Congress as Required by the Twenty-First Century Communications and Video Accessibility Act of 2010
The National Telecommunications and Information Administration sent a letter to the Internet Corporation for Assigned Numbers and Names to acknowledge the positive steps ICANN has taken with the introduction of new generic top-level domain names (gTLDs). But NTIA head Lawrence Strickling also raised newly-surfaced concerns raised by industry stakeholders.
NTIA Letter to ICANN on new gTLDs
The White House says it is reaching out to the private sector and Congress for input on a potential executive order designed to boost cybersecurity. National Security Council spokeswoman Caitlin Hayden said that the order is still being developed.
"The process of developing an Executive Order will take time, as we believe that it must take into account the views of our partners in the private sector and the Congress," she said. An executive order can only set policy, not provide new authorities, and therefore is not a substitute for legislation, she said. "Unfortunately, the current prospects for a comprehensive bill are limited, and the risk is too great for the Administration not to act. The president is determined to protect our nation against cyber threats," Hayden added.
White House Seeks Cybersecurity Input From Businesses, Congress