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According to sources, the further notice of proposed rulemaking accompanying the Federal Communications Commission's exclusive ban sunset order will include a proposal to change the FCC's definition of "buying group" to allow the National Cable Television Cooperative (NCTC) to file program access complaints without assuming collective liability for all of its members. The American Cable Association has been pushing for the change, saying the current definition does not reflect current industry practices.'


FCC NRPM Includes Potential Revision of Buying Group Definition
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What are the odds that the average person reads the terms of service (ToS) before signing on to a new social networking site, email service, or any other service or software? Probably slightly worse than the odds that the average user will, indeed, read the freaking manual (RTFM) before calling the help desk when trying to figure out a new software or service. In other words: slim to nil.

A group of privacy enthusiasts has launched a free, open-source-inspired project called Terms of Service; Didn't Read (ToS;DR) in the hopes of helping users make better-informed choices before blithely clicking Agree when presented with those walls of legalese. By the group's assessment, clicking "I have read and agree to the terms of service" is the "biggest lie on the Web."


Gotcha! Group uncovers privacy lies in websites' fine print
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Federal Communications Commission Chairman Julius Genachowski announced that his agency is on track to meet its goal of freeing up 300 MHz of spectrum for mobile broadband by 2015.

He said that to hit its target, the FCC is pursuing auctions, spectrum re-designation, moving government users and spectrum sharing. Although he said he supports "innovative" proposals to share spectrum bands with multiple users, he said clearing remains a "core" policy goal. He pushed back against criticism from the Republican commissioners that the FCC should focus less on unlicensed spectrum. "As innovation opportunities and demand for unlicensed uses continue to grow, and Wi-Fi networks get more and more congested – have you tried using Wi-Fi in a busy airport recently? – we need to ensure unlicensed spectrum opportunities keep pace," Genachowski said.


FCC on track for 2015 spectrum goal Winning The Global Bandwidth Race: Opportunities And Challenges For Mobile Broadband (read the speech) Genachowski: FCC Will Exceed 2015 Target of Freeing Up 300 MHz of Spectrum (Broadcasting&Cable)
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Google will cut deeper and spend more money on cuts than it originally expected as it restructures Motorola Mobility, the ailing cellphone maker it bought for $12.5 billion.

Google will spend $300 million on severance and other charges related to layoffs, the company said in a filing with the Securities and Exchange Commission, an increase of $25 million from the $275 million that Google originally said layoffs would cost. But it does not plan to lay off more people than the 4,000 employees it originally announced. It will also spend $90 million closing offices and factories and leaving certain markets, the company said, and plans to leave more areas outside the United States than it originally said it would. In August, it said it would close about one-third of its 94 offices worldwide, focusing on cuts in Asia and India.


Google Says Motorola Cuts Will Cost More Than Expected
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The first of three presidential debates between President Obama and Mitt Romney reached more than 70 million viewers. Nielsen said 67.2 million viewers watched on television at home — the highest number for a first debate since 1980. That year, 80.6 million watched the only debate between President Jimmy Carter and the Republican presidential candidate, Ronald Reagan. A few second- and third-round presidential debates since then have attracted more than 67 million viewers, including the second debate of the 1992 cycle. Nonetheless, Wednesday’s totals were surprisingly high by almost any standard.


Presidential Debate Drew More Than 70 Million Viewers
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Aboard President Obama’s plane, adviser David Plouffe argued that Mitt Romney’s victory in the debate was in part the product of a media desire for a certain narrative. “You guys may disagree with me,” he told the media he was critiquing, but “people are itching to write the Romney comeback story.” Plouffe said it would only be a true comeback if Romney’s poll numbers in key battlegrounds improve.


Plouffe: Press wanted ‘the Romney comeback story’
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House Intelligence Committee Chairman Mike Rogers (R-MI) said that secretive attacks on American computer systems could spark a renewed push for legislation after the election.

The White House is now considering an executive order that would encourage companies to meet cybersecurity standards. Chairman Rogers said the latest briefings "rekindled people's interest in trying to get something done." He argued that CISPA is the only bill that has bipartisan support and could pass in the lame-duck session. "Just pass the cyber sharing bill and we can talk about critical infrastructure next year," Chairman Rogers said.

He also blasted the White House on Thursday for failing to consult with him on a potential executive order to enhance cybersecurity. He argued that his committee researched cybersecurity issues for two years and that administration officials should seek the input and expertise of congressional Republicans. He also charged that the White House has failed to reach out to the business community.


House Intelligence chairman reveals new wave of cyberattacks, calls for legislative push Rogers: 'Irresponsible' of White House not to consult on cyber order (The Hill II)
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The National Association of Broadcasters announced that it has hired Rick Kaplan, the former chief of the Federal Communications Commission's Wireless Bureau.

The hire is a major coup for the lobbying group, which is looking to protect the interests of local television stations as the FCC moves to auction its airwaves to cellphone service providers. As head of the Wireless Telecommunications Bureau, Kaplan helped push Congress to authorize the auctions as part of tax-cut extension legislation earlier this year. Kaplan will serve as an executive vice president and lead the group's efforts related to "spectrum and innovation policy." He will begin on Oct. 22.

He is close with FCC Chairman Julius Genachowski, having served as his chief counsel on wireless, media, engineering and public safety issues. Kaplan also worked for FCC Commissioner Mignon Clyburn and in the Office of the General Counsel with the House of Representatives.


Former FCC wireless chief joins broadcaster lobbying group
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In key battleground states, huge numbers of presidential ads are airing on television stations that are not required to post to the Federal Communications Commission's online political ad database, new data released by the Wesleyan Media Project shows. In four of the nine states considered key in this year's general election -- Colorado, Florida, Virginia, Ohio, Nevada, New Hampshire, North Carolina, Virginia and Wisconsin -- less than half of presidential ads would be disclosed on the FCC database, a Sunlight analysis reveals.

Based on ads that ran from Sept. 9 through Sept. 30:

  • Iowa saw 17,000 presidential ads; none of its eight television markets are covered by the FCC order.
  • In Wisconsin, 70 percent of the ads recorded aired outside of the top 50 markets. Only the four Milwaukee network affiliates are required to post to the FCC online database. Spending in the state has increased dramatically over the last month.
  • Fifty-five percent of ads in Colorado would not be disclosed to the FCC.
  • Of New Hampshire's 7,000 ads, slightly more than half have been run in uncovered markets.

FCC database misses huge chunk of ads
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Deutsche Telekom’s agreement to combine T-Mobile USA with MetroPCS reveals how the value of its unit may have dropped by $13 billion amid client losses following a failed sale to AT&T last year.

T-Mobile USA is worth about $26 billion including debt, based on MetroPCS’s share price and analyst estimates. Last year, federal regulators opposed a plan to sell T-Mobile to AT&T for $39 billion. Deutsche Telekom said it will own 74 percent of a combined entity with MetroPCS to increase the size of its U.S. operations and challenge AT&T, Verizon Wireless and Sprint Nextel. Rene Obermann, chief executive officer of the Bonn- based company, may be accepting a lower valuation to facilitate an exit from the U.S. in the future, said Frederic Boulan, an analyst at Nomura in London.


T-Mobile USA Deal Shows $13 Billion Value Drop Since AT&T