September 2010

A look at how Network Neutrality could affect Comcast-NBCU merger

Observers say the merger between Comcast and NBC Universal could be a vehicle for Federal Communications Commission Chairman Julius Genachowski to carry out his network neutrality ambitions.

But it would be unfair, according to a company executive, if Comcast was singled out as the only broadband service provider to have to abide by net neutrality rules. That's the dilemma for Comcast, which has in the past opposed new industry-wide net neutrality rules but now believes that if there are rules, everyone should be covered by them. "You can't protect the Internet with conditions on a company with 20 percent of the market and leave the 80 percent of the rest of the market alone," the executive said in a recent interview. That official spoke on the condition of anonymity because of the ongoing federal reviews of Comcast's merger.

The FCC imposed net neutrality conditions on AT&T and Bell South's union in 2006 and other mergers. But the Comcast executive pointed out that those conditions were enforceable rules on existing Internet access guidelines at the FCC. For the agency to impose additional rules that prevent discrimination of traffic on networks would be "inappropriate," the official said.

Reaction to Waxman Network Neutrality Announcement

With renewed attention on the Federal Communications Commission and net neutrality, some lawmakers have cast their support for the agency to reassert its authority as regulator of broadband Internet services.

Rep Ed Markey (D-MA) joined Sen Byron Dorgan (D-ND) on Sept 30, urging the Federal Communications Commission to reassert its authority over broadband services after a failed House attempt to create a network neutrality bill. Other lawmakers, including Rep Joe Barton (R-TX), have been fiercely critical of such a move.

Broadband service providers and Internet content firms are expressing mixed reactions.

"After months of hard work, we were pleased to reach an agreement with Chairmen Waxman and Boucher on compromise legislation that would ensure the openness of the Internet while protecting investment - all without new, intrusive FCC regulation," wrote Jim Cicconi, senior vice president of external affairs at AT&T. That "intrusive FCC regulation" would be reclassification of broadband services. On Sept 28, AT&T said it had reached a deal to support draft legislation which would have regulated both wireline and wireless networks. The rules for wireline networks were tougher. The draft bill also prevented the FCC from placing broadband businesses under telephone rules, a proposal phone and cable companies have strongly resisted.

The broadband and television satellite services provider Dish Network said the only way to create a net neutrality rule is for the FCC to redefine broadband as a telecommunications service.

Facebook, which has advocated for net neutrality rules regardless of whether they are mandated by Congress or the FCC, said it supported Waxman's efforts. But spokesman Andrew Noyes said the social networking giant would be concerned if such a bill didn't include rules to prevent carriers from blocking applications such as Facebook.

Free Press Pushed Hard Against Waxman Bill

When House Energy & Commerce Committee Chairman Henry Waxman thanked stakeholders for trying to come to consensus on compromise network neutrality legislation, he gave shout-outs to the Consumer Federation of America, Consumers Union, Public Knowledge, and the Center for Democracy for their "steadfast advocacy". Notably absent from that list was steadfast advocate Free Press.

Free Press President Josh Silver warned the Open Internet Coalition that if it supported the Waxman bill, Free Press, which is a member, would pull out. OIC had been at the table at various negotiations over the bill, but Free Press had its own representative at the Waxman negotiations and wanted to make sure that it was clear OIC was not speaking for them.

Response to the European Commission Questionnaire on the Open Internet

The New America Foundation's Open Technology Initiative, Electronic Frontier Finland, Hispalinux, Global Partners & Associates, Open Rights Group, and the Open Spectrum Alliance responded to the European Commission's questionnaire on the Open Internet and Net Neutrality. The reply focuses on the Internet as a result of the interconnection of thousands of neutral networks and the harm caused by discriminatory network management practices and fragmentation caused when network operators provide different definitions for "Internet access."

In the reply the groups describe examples of non-neutral networks and how these discriminatory
network practices have a direct impact on end-user freedom, Internet innovation, and foreclose on opportunities the Internet can provide.

Recommendations detailed in the response include:

The European Union should make a clear commitment to the protection of an Internet built on end-to-end architecture where access to services, applications, and content, and how they interact with the network is decided by the end-user.
"Internet access" should be clearly defined to as access to any and all applications, services or content available on the public Internet at the discretion of the end-user.
The Commission should issue ex ante principles as clear guidance underpinning the protection of the open Internet in the revised Electronic Communications Framework, including what constitutes reasonable traffic management to create a unified Community-wide framework.
Network neutrality rules should be applied equally to fixed and mobile networks.
All network operators should provide a standard Truth-in-Labeling disclosure with network capabilities, including minimum guarantees, limitations, and restrictions.
National Regulatory Agencies should implement tools for measurement, data collection, and analysis of network traffic and performance of fixed and mobile networks.

FCC changes position on cell phone radiation and safety guidelines

The Federal Communications Commission has updated its views on cellphone safety in a move criticized by a public interest group for downplaying the potential risks that radio frequencies could pose to users.

The agency, without issuing a press release, made the update on its Web site, saying that its guidelines on radio frequency limits were confusing and did not necessarily show whether one phone is safer than another. Specifically, the FCC revamped its Web entry on cell phone health guidelines, removing a suggestion that users concerned about the radiation emitted from cellphones could choose devices with lower SAR values. SAR stands for "specific absorption rate," which is a measure of the rate of radio-frequency energy absorbed by the body. Scientists say the higher the SAR, the greater the potential danger to humans.

To be sure, scientists do not agree on the effects of cellphone use on humans. Some studies show that radio frequencies absorbed by brain tissue have led to cell mutations and tumors - with the greatest threat posed to children. The Environmental Working Group says the FCC's changes mimic a message pushed by CTIA, the wireless industry lobbying group.

CableCard Set-Tops Top 22.75 Million: NCTA

The 10 biggest U.S. cable operators have deployed more than 22.75 million leased set-top boxes with CableCards since the Federal Communications Commission's integrated set-top ban went into effect in July 2007 -- a rule the cable industry claims has cost more than $1 billion to no discernable effect.

Meanwhile, those same cable operators have deployed approximately 531,000 CableCards for use in retail devices such as TiVo DVRs, according to figures supplied by the National Cable & Telecommunications Association to the Federal Communications Commission. The agency has proposed adding new requirements on MSOs with respect to CableCards, including: "more transparent" billing for CableCards; a simplified installation processes; CableCards that can tune multiple streams; and a streamlined CableCard device-certification process. The NCTA has argued that the integrated set-top ban should be nixed, particularly because the FCC is looking at adopting an "AllVid" requirement applying to all pay-TV providers that would supersede CableCards. However, the group has maintained the industry will continue to support CableCard-based consumer-electronics devices.

Udall Drops "Bill Shock" Legislation

Sen Tom Udall (D-NM) introduced the Cell Phone Bill Shock Act of 2010, legislation to help limit the unexpected charges cell phone customers receive when they exceed, unwittingly, their monthly limits.

Measure Would Give Consumers More Control Over Web Tracking

Senate Commerce Consumer Protection Subcommittee Chairman Mark Pryor (D-AR) is working on legislation aimed at giving consumers more control over whether their activities will be tracked on the Internet.

The measure could include creation of a "do-not-track" list, allowing consumers to opt-out of having their Web activities tracked for advertising purposes, although Sen Pryor said that he is still figuring out "how it would really work." Such a list would be similar to the current Do Not Call registry that allows consumers to opt-out of receiving most unwanted telemarketing calls. Chairman Pryor said he is still drafting the measure and talking with stakeholders about it. He also said he still hasn't decided whether it would be part of a broader privacy bill or a stand-alone measure.

An Obama Quote Stokes the Blogosphere

A new book by Bob Woodward examining the Obama Administration's internal debate over the Afghanistan war triggered a torrent of criticism of the president by conservative bloggers last week.

From September 20-24, more than one-third (35%) of the news links on blogs were about Woodward's book, Obama's Wars, making it the week's No. 1 subject, according to the New Media Index from the Pew Research Center's Project for Excellence in Journalism. In his book, Woodward -- a Washington Post associate editor and half of the famous reporting duo that unraveled the Watergate cover-up -- depicted significant divisions and debates within the administration as Obama tried to formulate a strategy in Afghanistan. He ultimately decided to send 30,000 more troops to the country. But the bloggers who dominated the conversation last week focused largely on one quote from Obama printed in a Washington Post article on the book: "We can absorb a terrorist attack. We'll do everything we can to prevent it, but even a 9/11, even the biggest attack ever...we absorbed it and we are stronger."

Online Privacy, Suicide, And A New Cultural Norm

In the tragic story of Tyler Clementi, the gay Rutgers student who took his own life last week, one of the things that leaps out is the collision of technology and morals.

If you haven't heard the story, Clementi's roommate Dharun Ravi reportedly activated the webcam on his laptop and broadcast Clementi and another man having sex, and he shared it with the world, live. He allegedly tweeted about it, chatted about it, and invited others to watch when he thought Clementi would be having sex again. Clementi found out, and a few days later he threw himself off of the George Washington Bridge. In case after case, it seems that technology has moved so quickly, and made communicating and sharing so easy, there is little check on the emotional id before doing something you might regret later, or saying things you would never say face to face, or acting in a way you wouldn't in real life.

Benton

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