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NET NEUTRALITY NPRM REVISED,
shifts 'tone' on pay-for-priority, more
open to Title II. (P. 1)

SPECTRUM AGGREGATION argu-
ment continues; FCC vote expected
May 15. (P. 3)

AEREO DEBATES SEEN BLEEDING
into lobbying after Supreme Court
ruling, possibly delaying STELA
reauthorization. (P. 5)

COMPTIA ACQUIRES TECHAMERICA,
will use TechAmerica name for bol-
stered state lobbying efforts, Brussels
office for international lobbying. (P. 8)

NG-911 ADVANCES possible in
2014, says Furth. (P. 9)

HYPOTHETICAL NEXT NETFLIX
won't face major interconnection
payments until it's already big, suc-
cessful, TPI panelists say. (P. 11)

TELECOM NOTES: Supreme
Court to hear T-Mobile cell tower
siting case ... House Homeland Se-
curity subcommittees plan joint
hearing on cyberthreats ... House
J udiciary and Intelligence commit-
tees plan markups of surveillance
bills ... CCA looking for special
treatment on incentive auction
rules, AT&T charges. (P. 14)
TUESDAY, MAY 6, 2014
Revised Net Neutrality NPRM More Open
to Title II, Less Friendly to Pay-for-Priority

A recirculated net neutrality NPRM is less friendly to the
idea of pay-for-priority deals, and more open to the idea of Title II
reclassification, agency and industry officials told us. Industry ob-
servers see the redraft (CD May 1 p2) as a response to the public
outcry over a perceived turnaround on net neutrality. Net neutral-
ity proponents have been lobbying the FCC on the NPRM, ex
parte filings show.

The revised item spends less time defending and endorsing
the idea of pay-for-priority agreements between ISPs and edge
providers, shifting to a tone more akin to one of resignation, an
FCC official said. The NPRM takes the position that the Verizon
v. FCC case throwing out the net neutrality rules essentially ties
the commission's hands, the official said, in characterizing the new
tone. The shift is not surprising, given the criticism Wheeler has
faced in the media since the original NPRM was made public,
agency and industry officials said. An FCC spokesman declined
to comment.

Both the original and current NPRMs asked about Title II,
but "there has been a change in tone," the FCC official said. To
get an idea of the differing content of the revised NPRM, look to
two blog posts FCC Chairman Tom Wheeler posted on the topic,
the official said. The first blog post said Title II is an option, but
listed the reasons the agency shouldn't do it (http://fcc.us/1f7n7n9).
The second blog post, posted five days later, was far more
pointed — Wheeler repeatedly stated he would invoke Title II
if he has to (http://fcc.us/S7aUoc).

Netflix met last week with aides to every commissioner ex-
cept Wheeler to express its support for an “open Internet.” The
company "does not support policies that force online content pro-
VOL. 34, NO. 87
TODAY’ S NEWS
COMMUNICATIONS DAILY—2 TUESDAY, MAY 6, 2014

viders into ‘fast’ and ‘slow’ lanes,” wrote Corie Wright, director-global public policy (http://
bit.ly/1mwda1j). “Consumers already pay broadband providers for access to the Internet. Broadband pro-
viders should not restrict their subscribers’ access to Internet content or compel Internet applications and
services to pay a toll to deliver content requested by those subscribers.”

Public reaction "has caused the FCC to try to tighten [the NPRM] up to clarify that to the extent
possible under the court decision they want to preserve the principles of the original net neutrality or-
der,” said a former FCC official who does not have clients involved in the net neutrality fight. Other
sources said questions remain about what happens next. “As of Thursday afternoon, I was told that
there was one question about Title II, asking if it was a viable alternative to what they were proposing,”
said a public interest lawyer.

“A turn towards Title II classification of broadband, for the first time by the way, would not only
roil financial markets as network operators are trying to raise money to upgrade their networks, but it
would embolden international proponents of intergovernmental regulation of the entire Internet ecosys-
tem,” said former FCC Commissioner Robert McDowell. “Global regulators won't be satisfied with
merely getting ISPs in their clutches, they want it all — content and application providers as well. A U.S.
Title II maneuver will act as rocket fuel for such power grabs."

“I’m glad the FCC is responding,” said Harold Feld, senior vice president at Public Knowledge.
“The FCC needs to understand that this is not just the usual crowd of Washington insiders looking at this,
but the broader public,” he told us by email. “Ask someone outside the Beltway if they know what the
‘incentive auction’ is or the ‘spectrum screen’ and you get a blank look. But net neutrality shows up in
pop culture places like the Daily Show. If ordinary people reading the language of this Notice feel that the
FCC has now decided to actively defend paid prioritization as OK, or if the NPRM doesn't treat Title II as
a real option, then these people are going to feel the Administration has backtracked on its commitment to
protect the Open Internet — whatever the agency's intent.” PK told aides to commissioners last week it
had “grave concerns” on reports the commission would consider paid prioritization under a “commercially
reasonable” standard (CD April 28 p2).

“Wheeler will be making a mistake if he equates reactions from self-identified 'consumer
groups' with the views of consumers at large, especially if this false equation leads him in the direc-
tion of Title II or Title II-like regulations,” said Free State Foundation President Randolph May. He
lamented the “confusion” Wheeler has created by talking about “what is really just a proposal” in so
many different forums and tones. “The shifting messaging detracts from the notion of the FCC as a
so-called independent agency relying on expertise, rather than politics,” he said. May suggested
Wheeler acknowledge the role of his fellow commissioners as he talks about the NPRM preparation
process: “Promoting collegiality is an important aspect to fostering sound decision-making in a
multimember agency like the FCC.”

"The shift in tone and substance, if it's genuine, certainly is due to the public outcry and the
press attention,” said Free Press Policy Director Matt Wood. “Millions of people have spoken up
since the court case came out in J anuary" that threw out some net neutrality rules, "along with
hundreds of advocacy organizations and innovators, and they all know that Internet discrimination
would be a disaster,” he said. Wood said he welcomes Wheeler’s “better rhetoric,” but “he has to
finish the job” by treating broadband Internet access “like the common-carrier service it is.” —
Matthew S. Schwartz ([email protected]), Howard Buskirk, Jonathan Make
TUESDAY, MAY 6, 2014 COMMUNICATIONS DAILY—3

Republicans Weigh In

Carriers Offer Opposing Messages on Criticality of Low-Band Spectrum

As the FCC moves toward a May 15 vote on spectrum aggregation rules for the TV incentive auc-
tion, commissioners and staffers are getting two very different versions of how low-band spectrum fits in
with the rest of spectrum available for commercial use. Industry officials say Chairman Tom Wheeler
likely has two votes from his fellow Democrats, Mignon Clyburn and J essica Rosenworcel, in favor of
those rules. But carriers on both sides are making late pitches prior to Thursday when lobbying will be cut
off by issuance of a sunshine notice.

A carrier executive opposed to limits said the order is built on a few faulty assumptions. One false
assumption is that Sprint and T-Mobile would build out to rural America if they have access to low-band
spectrum, the executive said. Both Sprint and T-Mobile know that the cost of expanding their networks to
serve rural America is often prohibitive, the official said. “In order to get to the last 20 percent [of cus-
tomers they don’t serve] you’ve got to build out to 60, 70 percent of the country,” the executive said.
"The FCC is assuming that Sprint and T-Mo are going to buy a bunch of rural spectrum and then build it
out. I’ll bet money that that isn’t going to be the case.”

The carrier executive also said low-band spectrum is not the panacea often portrayed by competitors.
Densification and getting cell sites close to the population served is more important than low-band spectrum,
the executive said. “If low-band spectrum was the be all and end all, why are [come carriers] spending bil-
lions of dollars to densify our networks to push more fiber?” the executive asked. “We are spending that
capital because in the urban markets we have got make the cell ranges shorter to build more capacity into the
network and more backhaul into the market. This notion that there is some huge advantage in an urban mar-
ket to having low-band spectrum, it’s nonexistent in the broadband world. ... It is an urban myth.”

Competitive carrier executives said any argument against the importance of low-band spectrum
could be made only by a carrier that already has sub-1 GHz spectrum, with its superior propagation char-
acteristics. Low-band spectrum goes further, one executive said. In rural areas, “it is a lot more efficient
to use low-band spectrum,” the official said. Operators are already densifying their markets in urban areas
through the use of small cells, the executive said, adding that the issue is reliability of service. “It turns
out low-band penetrates into buildings through walls and structures much more reliably than mid-band or
high-band,” the official said. “This goes back to the physics of radio propagation, but the differences are
fairly substantial.” Treated, multilayered glass in modern buildings in urban areas makes low-band spec-
trum even more critical because such windows otherwise are difficult to penetrate, the official said.
“Increasingly we’re having to rely on the penetration through walls so low-band is a tremendous asset in
that case to provide reliable coverage in buildings.”

Meanwhile, those on Capitol Hill continue to weigh in. Republicans on the House Communica-
tions Subcommittee issued a warning to Wheeler in a letter Friday. “The FCC must not be in the business
of picking winners and losers by excluding parties from the auction or constraining parties’ ability to bid,”
every Republican member of the subcommittee said in the letter. “We urge the Commission to reconsider
any plans that would further cloud an already complex auction and threaten the outcome for providers,
consumers, and the public safety community.” The outcome the FCC hopes to achieve is “potentially im-
possible” and thus “borders on reckless,” they said, citing “serious concerns.” The Republicans slammed
the FCC’s plans as not based on market structure so much as how “a cartel controls price.”
COMMUNICATIONS DAILY—4 TUESDAY, MAY 6, 2014

In a mid-April letter, 78 House Democrats had also urged the agency not to impose limits on the incen-
tive auction (CD April 15 p5). That letter, which requested the FCC welcome as many participants as possible
"on equal terms" to an "open and fair" broadcast TV spectrum incentive auction, included signatures of four
members of the Communications Subcommittee. Between the Democrats’ and Republicans’ letters, 19 of the
29 members of the Communications Subcommittee have now backed an unrestricted incentive auction.
Wheeler told these Democrats (CD April 18 p7) that smaller carriers deserve a “fair shot” at low-band spec-
trum and chalked their lack of low-band spectrum up to “the historical accident of previous spectrum assign-
ments.” The Republican letter mentioned the Democratic one and stressed that “we join them.”

Congress had intended in its legislation to “bring market forces, via auctions, to bear on the ques-
tion of how best to allocate spectrum resources,” the Republicans said. The letter did not address potential
congressional reaction if the FCC did not abide by the Republicans’ wishes, but Communications Sub-
committee Chairman Greg Walden, R-Ore., had told reporters last fall (CD Nov 18 p5) about a potential
“strong” congressional reaction if the FCC were to impose auction limits.

T-Mobile officials said in a call with FCC staffers, including Wireless Bureau Chief Roger
Sherman, the FCC is on the right track in its proposed rules for the incentive auction. “The reserve
mechanism, in particular, promises to advance many of the objectives identified by section 309(j) of the
Communications Act of 1934, as amended, including rapid deployment of new technology, increased eco-
nomic opportunity, enhanced competition, diversity of license holdings, efficient spectrum use, and robust
auction revenue,” T-Mobile said (http://bit.ly/1fMQaNi) in a filing posted by the FCC Monday.

Anna Maria Kovacs, visiting scholar at Georgetown University’s Center for Business and Public
Policy, recently released a white paper arguing that making more low-band spectrum available won’t
really help rural America. “While it is true that low-band spectrum can [allow signals to] travel greater
distances than high-band spectrum, the extent to which that results in larger cell-sites, and therefore lower
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cost, depends on many factors, particularly terrain and the line-of-sight it permits,” she wrote (http://
bit.ly/1iVGOsX). “But even assuming cost per square mile could be equalized between rural and urban
areas, that would only solve one of the two challenges that face rural wireless carriers. The greater disin-
centive to rural investment is lack of revenue per square mile.”

A former FCC official, who does not represent wireless carriers, said commissioners have to deal
with many “moving pieces” as they consider rules of the incentive auction and a separate item on spec-
trum aggregation rules. “You have the aggregation limits vis-à-vis the auction,” the industry official said.
“You have the spectrum screen limits. You have the potential of a Sprint/T-Mobile deal. You have the
potential of an AT&T/DirecTV deal. You have the potential of a DirecTV/Dish deal. It’s very difficult to
see where it all goes.” — Howard Buskirk ([email protected]), John Hendel


STELA Ramifications?

Aereo Ruling Poised to Ignite Hill Lobbying Frenzy, Lobbyists Predict

Aereo may prove to be the wild card on Capitol Hill that drastically shifts the direction of video
market legislation this year, industry lobbyists told us. The Supreme Court held oral argument last month
(CD April 23 p1) in a case to determine the service’s legality, which broadcasters vehemently dispute. An
American Broadcasting Companies v. Aereo ruling is expected perhaps in J une, and industry lobbyists
predict a full-throttle lobbying effort after the decision, especially if Aereo wins. Conventional wisdom
for months has suggested broadcasters would swarm the Hill seeking remedy, and the battle between
broadcasters and Aereo’s defenders could potentially derail the Satellite Television Extension and Local-
ism Act reauthorization process, which may drag into 2015, some lobbyists warned.

“If Aereo wins, the broadcasters will definitely go to Congress,” said Computer & Communica-
tions Industry Association Vice President-Government Relations Cathy Sloan. “If Aereo loses, it really
doesn’t have a plan B.”

“NAB is cautiously optimistic that SCOTUS will declare Aereo to be a copyright infringer,” said
Executive Vice President Dennis Wharton. “If that does not happen, we will review our options, which
would presumably include a Capitol Hill strategy.” Broadcasters have alleged that Aereo, which uses col-
lections of dime-sized antennas to stream broadcast content to online subscribers without paying retrans-
mission consent fees, is stealing their content. NAB spent $5.28 million lobbying Congress in Q1, more
than any quarterly spending last year (CD April 23 p9). Congressional Q1 lobbying disclosure forms
from lobbyists representing NAB, Tribune and 21st Century Fox list Aereo as a priority.

“They’ll run to the Hill with their hair on fire,” one media industry consultant said of broadcasters.
The consultant told us the second half of 2014 is poised to be the most important legislative moment for the
pay-TV industry since the 1992 Cable Act’s passage. Congress already is wrestling with video issues this
year as part of reauthorization of STELA, which will expire at the end of 2014 unless reauthorized. Lobby-
ists still debate the exact broadcaster strategy if Aereo wins — perhaps pressure on Congress to reclassify an
online video distributor like Aereo as a multichannel video programming distributor, some suggested.

Expect “noise, angst, hand-wringing” on Capitol Hill if Aereo wins, said one broadcast industry
lobbyist. But don’t expect anything to really happen on the legislative front in the short term, given the
COMMUNICATIONS DAILY—6 TUESDAY, MAY 6, 2014

hurdles of passing anything in the Senate, he said. Broadcasters have no specific strategy in place now
and are not in some room cobbling together secret legislative language for this scenario, he said.

Which Scenario?

In the most likely scenario, STELA would get an extension of six to nine months going into 2015
as Congress deals with the Aereo fallout, the industry consultant said. He described a possible ruling in
which the Supreme Court does not go to one extreme or the other but signals Aereo may require a compul-
sory license and remands the case to the district court. Such a ruling would heavily affect the Hill but not
with the same urgency as some other rulings. It would be a complicated scenario that both the broadcast-
ers and the content creation industry, with heavyweight players such as the MPAA involved, would hate,
rushing to the J udiciary committees seeking STELA extension. Slightly less likely, the consultant said,
would be a complete Aereo victory, also igniting urgent and heavy lobbying efforts from broadcasters and
content players, who would then go to J udiciary or Commerce. The Supreme Court could also, even less
likely, throw Aereo under the bus but fail to protect the cloud computing industry, which may bring bigger
technology players coming to lawmakers for changes. During oral argument, the justices raised the possi-
bility of an overbroad ruling affecting the cloud computing industry, depending on how the court defines
what a public performance right is. Broadcasters have claimed Aereo's service is a public performance.
The least likely ruling, with minimal legislative impact, the consultant believed, is an Aereo loss in which
the Supreme Court makes sure to include cloud computing industry protections.

CCIA's Sloan doubts the Aereo factor will ultimately disrupt STELA reauthorization, pointing to
the court ruling expected in summer. “That’s too late to be messing with STELA,” she said. “It’s not a
satellite issue.” Broadcasters may well try, she said. They have spent months advocating for a clean reau-
thorization, however. The broadcast industry lobbyist dismissed any concerns about reauthorizing
STELA before it expires, saying broadcasters lack any vested interest in assuring it’s reauthorized at all.

Two-year-old Aereo lobbies the Hill now but is not considered a heavyweight on its own. It joined
CEA and CCIA in the past year, bigger associations with their own lobbyists. “We are not engaged in the mo-
ment seeking any legislative change,” Aereo CEO Chet Kanojia said on C-SPAN's The Communicators last
month. “Our goal thus far has been to educate lawmakers in what we’re doing.” Hill staffers often don’t have
cable and can’t afford it, he said, saying the Aereo message “resonates.” Aereo paid law firm Bingham
McCutchen $110,000 to lobby in Q1, with two lobbyists focused on “issues pertaining to antennas and broad-
cast television,” its disclosure form said. It spent the same amount on that firm every quarter last year and sub-
stantially less in the second, third and fourth quarter of 2012. Aereo had no comment for this story.

“For lobbying firms, a clean win by Aereo is a potential gold mine for lobbyists given Aereo’s dis-
ruptive potential,” said Guggenheim Partners analyst Paul Gallant by email. “That’s particularly true if
broadcasters attack Aereo on copyright and communications grounds, which probably involve different
sets of lobbyists. But if the Court is inconclusive, Congress’s role may depend on how worried — or not
— broadcasters really are. Because any congressional debate around Aereo probably ropes in retrans,
which is a discussion broadcasters would rather not have.”

Strategies, Allies Forming

“We would be quite involved,” predicted CEA Senior Vice President-Government Affairs Michael
Petricone of his association’s involvement in any Hill fight. “We represent and we stand up for disruptive
TUESDAY, MAY 6, 2014 COMMUNICATIONS DAILY—7

innovators.” CEA spent $570,000 and CCIA $230,000 on lobbying in Q1. Gallant called CEA and CCIA
“experienced shops” that “will be a big help in amplifying Aereo’s views on the Hill.”

Petricone framed the issue as “high priority” and scoffed at “politically connected incumbents” try-
ing to “preserve their existing business models.” He did not flinch at the idea of a swarm of broadcast lob-
byists, pointing to broadcaster attempts to stop cable TV, Betamax and TiVo, all unsuccessful, he said —
they “tried and failed to shut these new innovations down.” Lawmakers realize this, Petricone said. CCIA’s
Sloan said broadcasters provide “the main conduit for political advertising, and this is an election year.”

No one seems to have mapped out any concrete lobbying strategy yet, said one media industry lob-
byist, who disputed that any lobbyists truly think broadcasters will lose. If Aereo wins, the question
would become what lawmakers may really help, she said. Certainly not Senate Commerce Committee
Chairman J ay Rockefeller, D-W.Va., she said, also doubting much support from House Commerce Com-
mittee Chairman Fred Upton, R-Mich., and House Communications Subcommittee Chairman Greg Wal-
den, R-Ore. The more complicated STELA gets, the harder it would be to pass, but given the timing of
the court ruling, it wouldn’t make sense to press for legislation outside of STELA, she said. The big chal-
lenge would be hashing out a legislative compromise in which multiple stakeholders could get something,
perhaps with an out for Aereo and with cloud computing as a factor, she said. Aereo lacks a big base of
Hill support, she said.

Lobbyists and lawmakers are “holding their breath just waiting to see what will come out on that,”
said Bruce Burton, a lobbyist for the International Brotherhood of Electrical Workers, which backs the
broadcasters and spent $289,639 in Q1. His main lobbying concerns are retransmission consent rules and
Aereo, which he sees as linked, he said. He is optimistic broadcasters will win the Supreme Court case
but expects a full-on lobbying effort on the Hill if Aereo wins, he added: “We wouldn’t really have a lot
of choice.”

“The challenges facing broadcasters in trying to convince Congress to change the law are the same
they face in arguing before a court: How do you sweep in Aereo but exclude other services?” said Public
Knowledge senior staff attorney John Bergmayer, acknowledging many possible roads for Congress.
“Copyright law is generally applicable and, as we've consistently argued, changing the law to get at Aereo
would likely have unintended consequences for several different industries.” It would “seem rash and pre-
mature to try to change the law on the basis of unfounded and unlikely arguments about harm to the broad-
cast industry,” Bergmayer said. “Aereo would at most marginally increase the number of cord cutters. Ca-
ble companies would not be able to just copy it, not unless they wanted to carry only broadcast channels.”

Rockefeller’s Consumer Choice in Online Video Act may play a crucial role, lobbyists said. S-
1680, introduced last fall, proposes to level the playing field for online video distributors and includes pro-
visions adding legal protections to Aereo. “We didn’t ask for it, but we’re happy to acknowledge its pres-
ence,” Kanojia said of Rockefeller’s bill on The Communicators. Rockefeller signaled during a recent
STELA hearing that he wants to attach his Online Video Distributor (OVD) legislation to STELA (CD
April 2 p4). Rockefeller is retiring at the end of this term and may want to “make hay while the sun
shines” in charging forward with the bill, CCIA's Sloan said. Aereo is one example of an OVD, but the
Supreme Court ruling could make it more attractive for tech giants like Amazon, Google and Netflix to
jump into that arena if the ruling meant less risk in retransmitting broadcast signals, the media industry
consultant thought. Their lobbying influence should not be discounted, and the court may end up setting
the table for Rockefeller’s bill, the consultant said.
COMMUNICATIONS DAILY—8 TUESDAY, MAY 6, 2014

Virtually all lobbyists and observers warned it’s difficult to anticipate exactly what shape the Hill reaction
will take. Some declined comment for precisely that reason. But expect the reaction to be strong, many assured
us, and likely with impacts lasting well beyond this year. — John Hendel ([email protected])


TechAmerica Struggled Financially

CompTIA Acquires TechAmerica to Expand State, International Efforts, Says CEO

CompTIA acquired TechAmerica, the information technology trade groups said in Monday news
releases. CompTIA will continue to use the TechAmerica name for certain advocacy efforts and is to ab-
sorb 24 TechAmerica staffers — “all the core staff that are delivering all the programs they’re currently
doing,” said CompTIA CEO Todd Thibodeaux, who will retain his position, in an interview. Te-
chAmerica CEO Shawn Osborne will help with the coming transition, but will not take on a new role with
CompTIA, Thibodeaux said. The CompTIA board will fill its last vacant slot with a to-be-determined
member of the TechAmerica board, Thibodeaux said.

The acquisition “gives us a chance to broaden our scope,” Thibodeaux said. CompTIA will expand
its efforts in three main areas — state lobbying, government procurement and international activities —
using TechAmerica’s expertise, he told us. “We have represented mostly small and medium companies in
the IT channel,” he said. “By adding in what we feel is a non-overlapping, non-duplicative set of mem-
bers and set of programs, it allows us to really be a full representative for the IT industry.”

IRS filings show TechAmerica’s spending outpaced its revenue between 2009 and 2011, the last
year for which documents were available from the GuideStar database of Form 990s. Last year saw multi-
ple reports of employees leaving the company, and documents obtained by the Huffington Post in October
revealed at least 75 members had withdrawn from the group since J uly (http://huff.to/1kFPFlc). “Any
time organizations today are dependent entirely on dues, it’s a challenging environment,” Thibodeaux
said. TechAmerica did not comment.

In November, four TechAmerica lobbyists quit en masse to work for the rival group Information
Technology Industry Council (ITI) (CD Nov 6 p15), leading to TechAmerica filing a poaching lawsuit,
which was settled confidentially Friday, said statements from Osborne (http://bit.ly/1pXVD8a) and ITI
CEO Dean Garfield (http://bit.ly/SiiSLq). The suit “had nothing to do with” TechAmerica’s decision to
reach agreement with CompTIA, said Thibodeaux. The two sides hashed out “the bulk” of the agreement
over the past two months, he added. “We’ll open cooperation with ITI and welcome it with open arms.”

CompTIA’s main revenue base is its information technology certification program, not member-
ship dues, providing a stable source of funding for TechAmerica’s programs, Thibodeaux said. The deal
“was more an opportunity for them to see the programs they had developed and put in place have a more
definite, certain future,” he said.

CompTIA has spread its lobbying base, according to lobbying disclosure forms. Its Q1 year-over-
year lobbying spending rose between $20,000 and $90,000 each year since a 2010 Q1 low of $20,000,
reaching $200,000 in 2014. The group’s Q1 2014 form (http://1.usa.gov/1kPSK3P) also lists dozens of
issues, some of which — including net neutrality — did not appear in the Q1 2013 form.
TUESDAY, MAY 6, 2014 COMMUNICATIONS DAILY—9

Two federal procurement bills also appear on the most recent disclosure form that dovetail with
issues that TechAmerica’s acquisition will help with, Thibodeaux told us. The Federal Information
Technology Savings, Accountability, and Transparency Act of 2013 (S-1843), and its companion Fed-
eral Information Technology Acquisition Reform Act (HR-1232), would give agency chief informa-
tion officers more authority over IT procurement. “We haven’t been heavily involved in government
procurement and public sector issues other than workforce-related things relative to our own sales of
IT certifications,” Thibodeaux said. CompTIA is hoping to change that with its TechAmerica acquisi-
tion, he said.

At the state level, CompTIA’s alliance of state and regional technology associations “will now
move forward under the TechAmerica banner,” Thibodeaux said. Previously, it was called TechVoice.
Tax issues and differing data privacy regulations are central issues CompTIA will weigh in on, he said.
“Privacy issues and differences across those [state] divides are important to understand and simplify,” he
said. Lobbying forms from recent quarters also show CompTIA works on the Marketplace Fairness Act
(S-743/HR-684), which would authorize state governments to collect sales taxes from retailers with no
physical presence in the state, such as e-tailers.

TechAmerica’s international footprint — the organization has offices in Brussels — will let
CompTIA enter the worldwide debate, according to Thibodeaux. He said CompTIA will become
more involved in the cross-border data flow conversations and related trade negotiations. Europe also
leads the global conversation on workforce issues, he said. “We want to get back involved in Brussels
in helping to define some of the things around IT workforce in the European space,” said Thibodeaux.
“The rest of the world takes a lot of lead — sometimes more lead — from what happens in the EU
than they do from what happens in the U.S. on workforce in particular. So it’s important for us to be
involved there.” — Cory Bennett ([email protected])


'Game Changer'

Advances Could Be Made in NG-911 This Year, Says FCC's Furth

The U.S. has “an opportunity to truly advance the ball” on next-generation 911 this year, said FCC
Public Safety Bureau Deputy Chief David Furth at an APCO event Monday. NG-911 challenges remain,
including getting public safety answering points (PSAPs) still relying on legacy TDM systems to update
equipment, without jeopardizing their ability to continue doing their work under the present system, said
Furth. He said he had just met with Rhode Island legislators and realized many PSAPs in the state are re-
lying on 40-year-old equipment.

Wireless companies are moving ahead with making NG-911 available to PSAPs. Furth said. The
May 15 deadline by which AT&T, Sprint, T-Mobile and Verizon Wireless have committed to making
text-to-911 available (CD Dec 10/12 p1) “will be a game changer,” Furth said: It will provide the
“momentum” toward PSAPs taking steps to begin to be able to accept 911 texts. For the FCC, the volun-
tary steps taken this year will provide guidance on what kind of regulatory approach to take, he said. If
PSAPs move toward allowing texting to 911, the commission would see its role as providing regulatory
clarity and filling in gaps, Furth said.
COMMUNICATIONS DAILY—10 TUESDAY, MAY 6, 2014

The FCC NPRM on 911 location accuracy will be critical to the transition to NG-911 because a
system can't operate if first responders don't know where to go, Furth said. Both the issues of encouraging
911 texts and location accuracy are high priorities for the FCC and it's “on a fast track” with both, he said.

While regulatory and funding issues remain, changes in 911 are creating excitement and spurring
innovation in Silicon Valley, said David Grossman, senior technology policy adviser for Rep. Anna
Eshoo, D-Calif. Companies have developed applications to dispatch trained citizens to do CPR, allow
residents in Santa Clara to see real-time incident information, and let law enforcement agencies send texts
with maps and dispatch information to first responders. Coordination between the NG-911 and FirstNet
efforts will be critical to make sure the systems work together, said Dorothy Spears-Dean, Virginia’s pub-
lic safety coordinator.

Deputy General Manager T.J . Kennedy said FirstNet has made strides in the past year, beginning
to hire staff (CD April 29 p12) and creating a roadmap toward creating the system. “I’m very happy to
say the train has left the station,” Kennedy said. The project enters a “critical phase” this year, including
beginning consultations with states over the next couple of months to develop their own plans, Kennedy
said. The plans will probably be created over the next year or two, he said. The importance of providing
those who put their lives at risk with the best equipment was highlighted in the past week with the shoot-
ing deaths of two Alaska state troopers and the death of a Florida Highway Patrol trooper who was struck
during a traffic backup, he said. “It’s so critical we provide the right tools to help them communicate at
all levels.”

As plans are put together, companies are working on the technology to allow first responders to get
access to the network in different types of situations in different areas, said Richard Coupland, General
Dynamics C4 Systems director-public safety market development. The challenge in urban areas will be
dealing with major events like with sports that will require large numbers of law enforcement and emer-
gency personnel able to connect to an integrated system, Coupland said at a panel on deployments. The
thinking, he said, is for cell on wheels (COWs) vehicles, with mounted antennas providing connections to
people in the field, to be hooked up to existing fiber in venues like stadiums have events. Companies are
working on developing the system. “They’re using a little, learning a little, improving a little,” Coupland
said. The number of devices like handsets and tablets that will be developed by industry to connect with
FirstNet will be “staggering,” Coupland predicted.

In rural and wilderness areas, Aviat Networks is examining using microwave technology to con-
nect COWs with the network, said Randy J enkins, director-business development. Providing an unob-
structed path to the antennas could mean pre-designating areas to park the COWs where they can get clear
connections. “The planning and complexity of that is not to be taken lightly,” J enkins said.

Wearable technologies offer opportunities as part of FirstNet, said Ed Vea, a public safety commu-
nications consultant whose clients include the German IT services company, Steep. Clothing worn by
firefighters could measure their vital signs, the kinds of gases and the temperature they are operating in to
alert commanders if a firefighter is in trouble, Vea said. The clothing could also signal where firefighters
are, if they fall a certain distance or get separated from their equipment, to get help to them more quickly,
he said.

An app, Dragon Force, allows police responding to active shooter situations to be able to see on a
map on their smartphones where the other officers are and be able to share photos of the suspects, said
TUESDAY, MAY 6, 2014 COMMUNICATIONS DAILY—11

Alan Kaplan, CTO of Drakontas, which developed the application. It also lets officers take pictures at the
scene and share them with other police at the scene, he said, showing a photo of a house with a red circle
drawn around a window. “So instead of saying, ‘the bad guy is in the left bedroom,' you can draw it,” he
said. — Kery Murakami ([email protected])


Next Netflix to Be Fine?

Zero Price Interconnection Not Always the Answer, TPI Panelists Say

There’s a lot of talk about the hypothetical next Netflix of the world being kept out of the game be-
cause it can’t afford to pay an ISP for peering (CD March 24 p1), but small players don’t need to pay for
peering because they have lots of ways to get into an ISP’s network, said MIT professor David Clark at a
Technology Policy Institute event Monday on Internet economics in a changing video and data environ-
ment (http://bit.ly/1rWseXs). Panelists questioned whether mandating free interconnection makes sense
given the asymmetrical traffic loads involved.

Of more than 50 peering points on Comcast’s network, only three or four are congested, Clark said.
If small players face one of those congested peering points, they can route around them. It’s the big guys,
like Netflix and YouTube, that face problems, Clark said: “Wherever they show up, they’re going to
cause massive congestion unless we re-engineer.”

“Zero can’t be the right price all the time,” said Stanley Besen, senior consultant at Charles River
Associates. When the old model of reciprocal traffic management isn’t the best way to handle traffic,
ISPs need flexibility to experiment free from regulation, which hampers that flexibility, he said. When an
ISP is forced to peer for free, what’s the obligation on the other side? Besen asked. “Simply labeling these
things ‘tolls’ is not a good analysis.”

It’s not like old times, when networks were roughly equal in size and traffic loads were balanced,
said Clark. Akamai, Google and Netflix don’t look like Verizon, he said. “Viscerally, what is the bal-
ance” being sought in peering? he asked. If forced to peer at a zero price point, ISPs simply won’t peer,
Clark said, noting there is no obligation to do so. Were the government to require peering, that would be a
massive “distortion” of the market, he said.

It’s important to encourage negotiation, said J oseph Cavender, Level 3 vice president-federal af-
fairs. Level 3 has suggested a “commercially reasonable terms” requirement should apply to interconnec-
tion agreements, similar to what the U.S. Court of Appeals for the D.C. Circuit upheld in the data roaming
case, he said. “You’ll have a never-ending set of disputes,” replied Bob Crandall, senior fellow at the
Technology Policy Institute.

Another proposal came in a paper by Wharton School professor Kevin Werbach, said econo-
mist Hal Singer in a question from the audience. Under that proposal, the FCC would permit parties
to negotiate interconnection agreements voluntarily, but then bring them to the FCC for adjudica-
tion, Singer said. The problem, Besen said, is that it wouldn’t be a straightforward matter for the
FCC to efficiently determine if an interconnection agreement were reasonable. FCC approval of in-
COMMUNICATIONS DAILY—12 TUESDAY, MAY 6, 2014

terconnection agreements would be an “extraordinary” burden in an otherwise quick and flexible in-
dustry, he said. — Matthew S. Schwartz ([email protected])


Comm Daily
®
Notebook

The U.S. Supreme Court agreed to hear T-Mobile South v. Roswell, Ga., on whether local govern-
ments have to provide detailed written explanations when they deny carriers’ applications to build new
cell towers in their jurisdictions. The case will be argued during the court’s October 2014 term
(http://1.usa.gov/1iQXU16). The court also granted leave for the Competitive Carriers Association to file
an amicus brief. In seeking cert, T-Mobile said there's a split in the federal circuits on how to interpret
Section 332(c)(7)(B)(iii) of the Communications Act, which “specifies that any local government’s denial
of an application for the placement, construction, or modification of a personal wireless facility “shall be
in writing and supported by substantial evidence contained in a written record.” The case is from the 11th
U.S. Circuit Court of Appeals, which is at odds with other circuits, T-Mobile said (http://bit.ly/1iQXvM5).
The circuit court handed down its decision last year (CD Oct 2 p 12). “According to the majority of the
federal courts of appeals to address the issue, this provision dictates that an issuance denying such an ap-
plication must be separate from the administrative record and ‘contain a sufficient explanation of the rea-
sons for the permit denial to allow a reviewing court to evaluate the evidence in the record supporting
those reasons,’” T-Mobile said. “The Eleventh Circuit expressly ‘rejected’ that view and instead joined
the Fourth Circuit in holding that a denial letter need only advise the applicant of the fact that the permit
has been denied.” The city asked the court to turn down the appeal. “Even a cursory review of the more
recent decisions and the relevant Eleventh Circuit Opinion appealed underscore the reality that the Circuit
Courts are now reaching a consensus in theory or practice such that this issue does not necessitate or merit
review,” the City of Roswell said (http://bit.ly/1mw1AI6). “Finally, Petitioner has not and cannot show
that the Eleventh Circuit erred in its interpretation of the straightforward language of the Act, thereby fail-
ing to set forth any underlying error and basis for granting of the Petition.” Said T-Mobile General Coun-
sel Dave Miller: “We believe local governments should clearly state ‘in writing’ the reasons why an ap-
plication to build new or modify existing wireless infrastructure is denied.” “Building and improving mo-
bile infrastructure is critical for consumers to fully benefit from our broadband economy.” — HB
——
Correction: The dates of the Minority Media and Telecommunications Council telecom policy
conference are J uly 28-29 (CD May 5 p21).


Capitol Hill

The House J udiciary Antitrust Subcommittee plans to do "a detailed examination of the proposed
merger between the nation’s two largest cable companies," said J udiciary Committee Chairman Bob
Goodlatte, R-Va., Antitrust Subcommittee Chairman Spencer Bachus, R-Ala., committee ranking member
J ohn Conyers, D-Mich., and subcommittee ranking member Hank J ohnson, D-Ga., in a joint statement
Monday. “We look forward to an even-handed and robust discussion on the proposed Comcast-Time
Warner Cable merger from our distinguished witnesses on Thursday. The hearing will provide an oppor-
tunity for Members to ask questions about the proposed merger and a public forum to explore effects on
TUESDAY, MAY 6, 2014 COMMUNICATIONS DAILY—13

competition in the video and broadband markets that may impact consumers.” The oversight hearing of
Comcast's buy of Time Warner Cable is at 9:30 a.m. Thursday in 2141 Rayburn.
——
Two key House committees on Monday announced markups of surveillance bills. The House
J udiciary Committee plans to mark up the USA Freedom Act (HR-3361), which would strongly curb
U.S. phone surveillance, introduced last fall. J udiciary lawmakers plan to introduce an amendment in
the nature of a substitute (http://1.usa.gov/1okqc3e) Wednesday at the 1 p.m. session, the committee
said in a news release. The substitute “prohibits bulk collection under Section 215 of the PATRIOT
Act (Section 501 of FISA [Foreign Intelligence Surveillance Act]), prohibits bulk collection under the
FISA Pen Register/Trap and Trace statute (Section 402 of FISA) and National Security Letter statutes,
authorizes the government to acquire telephone records stored by telephone providers but only with
prior approval from the FISA Court on a case-by-case basis, increases privacy protections at the For-
eign Intelligence Surveillance Court (FISC), and clarifies privacy protections for Americans under
Section 702 of the FISA Amendments Act,” the news release said (http://1.usa.gov/1iVA3av). Six
J udiciary members — Chairman Bob Goodlatte, R-Va.; ranking member J ohn Conyers, D-Mich.;
Crime Subcommittee Chairman J im Sensenbrenner, R-Wis., the original bill author; subcommittee
ranking member Bobby Scott, D-Va.; and Reps. J errold Nadler, D-N.Y., and Randy Forbes, R-Va. —
issued a joint statement calling the substitute “a bipartisan solution” that’s the product of months of
cooperation. Also Monday, House Intelligence Committee leaders announced plans to mark up the
FISA Transparency and Modernization Act of 2014 (HR-4291) Thursday morning in a closed session
in HVC-304. The committees have sharply disagreed throughout the past half-year over which has
jurisdiction over FISA matters.
——
House Communications Subcommittee ranking member Anna Eshoo, D-Calif., will address net
neutrality issues Wednesday, she said in a news release. She plans a Google Hangout discussion on the
FCC’s proposed new net neutrality rules at 6:30 p.m. The panel will include Republican former FCC
Commissioner Robert McDowell, content delivery network CloudFlare CEO Matthew Prince and Stan-
ford Law School professor Barbara van Schewick. Eshoo had issued a statement last month stating her
fear that new FCC rules would “not do enough” to protect net neutrality. Several people have already
posed questions on the Google Hangout page (http://bit.ly/RlMKFK): “What is holding up the FCC clas-
sifying internet providers as common carriers and access as a Title II telecommunications service??” one
person asked.
——
The Senate Appropriations Department of Homeland Security (DHS) Subcommittee plans a hear-
ing Wednesday on investment in cybersecurity. Phyllis Schneck, DHS deputy undersecretary-
cybersecurity, is among the DHS officials to testify. Others include Peter Edge, executive associate direc-
tor-homeland security investigations, and William Noonan, U.S. Secret Service deputy special agent in
charge-Criminal Investigative Division Cyber Operations. Representatives from CenturyLink, Entergy,
Indiana Statewide Association of Rural Electric Cooperatives and the University of Maryland are also to
testify. The hearing is to begin at 2 p.m. in 192 Dirksen (http://1.usa.gov/Su3Tyc).
——
Two House Homeland Security Committee subcommittees plan a joint hearing Thursday to
“examine the persistent threat, assess intentions and capabilities of these bad actors, and review U.S. coor-
dination and response efforts,” said Counterterrorism and Intelligence Subcommittee Chairman Peter
King, R-N.Y., in a statement. National Cybersecurity & Communications Integration Center Director
Larry Zelvin is among the witnesses to testify during the hearing, which the Cybersecurity and Intelli-
gence subcommittees are co-hosting. FBI Assistant Director-Cyber Division J oseph Demarest and Glenn
COMMUNICATIONS DAILY—14 TUESDAY, MAY 6, 2014

Lemons, DHS Office of Intelligence and Analysis senior intelligence officer-Cyber Intelligence Analysis
Division, are also to testify. The hearing is to begin at 10 a.m. in 311 Cannon (http://1.usa.gov/1nZJ opy).


Wireline

FCC attempts to preempt state authority on municipal broadband would be yet “more over-
reach of FCC authority,” said NetCompetition.org Chairman Scott Cleland in a blog post Monday
(http://bit.ly/1g3oiiu). “The big legal miscalculation here is a heroic FCC legal assumption that this
would be another broadband industry versus FCC legal challenge just like the Verizon v. FCC deci-
sion, where the Court already has decided the issue of the FCC’s authority largely in the FCC’s fa-
vor.” That’s wrong, he said. “This would be less a legal challenge to the FCC’s statutory author-
ity, but more of a Constitutional challenge of the FCC’s perceived supremacy over fundamental
state sovereign functions.” Count on more than 20 state attorneys general to challenge the constitu-
tionality of any FCC “frontal assault on their core sovereign state functions of determining eco-
nomic and fiscal policy,” Cleland said. “The FCC ultimately would lose that case because there is
no Chevron deference or [Communications Act] Section 706 authority empowering the FCC with an
effective wholesale override of States’ constitutional rights.”


Wireless

AT&T fired back at Competitive Carriers Association arguments that the FCC should tweak its
spectrum aggregation rules to accommodate the low-band holdings of CCA members, while restricting
bidding by Verizon and AT&T. CCA has proposed that the FCC look at the national positions of a carrier
in addition to the spectrum it has in an individual market before imposing bidding limits in the TV incen-
tive auction (CD April 30 p1). “The FCC has now proposed a set of restrictions that basically gives CCA
exactly what it has demanded — it is proposing to restrict a carrier’s participation in the 600 MHz auction
based on the amount of low band spectrum it holds in its portfolio,” said AT&T Vice President J oan
Marsh (http://bit.ly/1kQ7j7w). “One would think CCA would be cheering from the stands, but they are
not. Why? Because the FCC’s proposal has finally forced CCA to acknowledge that there are ‘multiple
examples’ ‘throughout the country’ of incidences where their members already have a significant portfolio
of low band spectrum. Those members would therefore be restricted under the FCC’s current proposal.”
CCA wants to tilt the table to suit its purposes, Marsh said. “So, this is the world according to CCA: —
Where their members have significant low band holdings and are subject to auction restrictions, it’s an
‘unintended consequence,’” she wrote. “Where AT&T or Verizon have the same amount of low band
holdings and are subject to auction restrictions, it’s because our low band holdings are ‘excessive.’”
——
C Spire said it's modifying shared data plans to include a four-line version with unlimited voice
and text and 10 GB of data for $160 per month. AT&T and Verizon Wireless began offering similar four-
line plans for $160 per month earlier this year. C Spire also reduced the cost of smaller data allocations,
with 1 GB costing $25 and 2 GB costing $40, $20 less in both cases than before. A new 3 GB level costs
$60. All plans cost between $15 and $40 per line, depending on how much data are bought and whether
the subscriber is paying for the smartphone on an installment plan, C Spire said in a news release Monday.
The carrier also recently began offering an unlimited data plan for $65 per month, which is only available
to customers not on a contract plan and who either paid in full for their device or are paying for it in in-
stallments (http://bit.ly/1fMKIKa).
TUESDAY, MAY 6, 2014 COMMUNICATIONS DAILY—15

LG Electronics USA got FCC equipment authorizations for what appears will be a broad lineup of
car infotainment products destined soon for U.S. introduction, filings at the FCC website show (http://
bit.ly/1fInTax). Little is disclosed in the filings that pinpoints whether the products will debut in the con-
sumer electronics aftermarket or will be supplied on a factory original equipment manufacturer basis to
major automakers, or both. LG asked for and got permanent confidentiality on the products' block dia-
grams and other technical materials because they "contain trade secrets and proprietary information not
customarily released to the public,” LG’s application said. “The public disclosure of these matters might
be harmful to the Applicant and provide unjustified benefits to its competitors.” Public disclosure of
product photos and user manuals has been barred for 180 days to Sept. 10 to give LG "temporary confi-
dentiality of commercially sensitive information prior to product release,” it said. The authorizations are
for a lineup of 44 derivatives of eight basic product models, the LG filings show. Of the 44 derivatives,
about half have external “aux” jacks, the rest internal ports, it said. All but 12 have USB functionality,
while 13 have built-in CD transports, and 20 sport digital radio tuners, they show. Bluetooth functionality
is built into 24 of the derivatives, and nine have connectBlue wireless firmware support, they show.
Searching any of the listed model numbers (for example, L41SK2) yields listings of identical models un-
der a "Car Infotainment" heading on the OpenSource Code Distribution page of LG’s global support web-
site (http://bit.ly/1mrWQyH). LG didn't comment. — PG
——
Prospective members of the FirstNet board have until May 23 to make their desires known by fil-
ing an expression of interest with the Department of Commerce, NTIA said Monday in a notice. Four of
12 appointments to the board expire in August, NTIA said (http://1.usa.gov/1jvoNGD). “The Secretary of
Commerce may reappoint individuals to serve on the FirstNet Board provided they have not served two
consecutive full three-year terms. NTIA issues this Notice to obtain expressions of interest in the event
the Secretary must fill any vacancies arising on the Board.”


Internet

There will be almost 3 billion Internet users by the end of 2014, with almost two-thirds of users
coming from the developing world, the International Telecommunications Union said Monday. There will
be about 7 billion mobile subscriptions by the end of the year, including 3.6 billion from the Asia-Pacific
region, the ITU said. There will also be about 2.3 billion mobile broadband subscriptions by the end of
the year, the ITU said (http://bit.ly/1rWtHgw).


Broadcast

The FCC should “think long and hard” about adopting any repacking plan that would cost more
than the $1.75 billion set aside to reimburse repacked broadcasters, said Commissioner Ajit Pai in a
speech Monday at the Pennsylvania Association of Broadcasters Convention (http://fcc.us/1njcPAn). “If
broadcasters that stay in business are repacked and are required to pay some of their relocation costs, can
we say that the incentive auction is truly voluntary?” Pai asked. The commission should ensure that non-
participating broadcasters are “held harmless,” and make it simple for broadcasters to channel-share with
the goal of encouraging them to participate in the auction, he said. “Channel sharing can allow broadcast-
ers to stay in business while still receiving a cash infusion that can be used to improve their services or
COMMUNICATIONS DAILY—16 TUESDAY, MAY 6, 2014

facilities,” he said. Keeping the repacking cost under the $1.75 billion mark is one of several ways Pai
said the FCC could improve its relationship with broadcasters. “Every segment of the industry we regu-
late should have confidence that the commission will give them a fair hearing, and none should be under
the impression that the FCC is out to get them.” Pai said it isn’t the commission’s role to urge broadcast-
ers into the over-the-top video marketplace, a reference to Chairman Tom Wheeler’s speech at the Na-
tional Association of Broadcasters show last month (CD April 9 p1). “For all of the talk of over-the-top
programming, it’s still over-the-air programming that draws the largest crowds,” Pai said. Another way to
help broadcasters would be to “modernize” the commission’s media ownership rules and eliminate the
prohibition against newspaper-radio cross-ownership, he said. “The commission has signaled an openness
to getting rid of this anachronism,” he said. “The FCC has no evidence at all justifying our newspaper-
radio cross-ownership prohibition — and nobody even bothers trying anymore.” The AM revitalization
proposal could also be a way for the FCC to help broadcasting, and enjoys broad support, Pai said. “There
are many issues at the FCC that are controversial. AM radio isn’t one of them.” The FCC should move
forward with an FM translator window for AM broadcasters, Pai said. The commissioner said he will
hold meetings with stakeholders this summer to collect more ideas for improving the AM band. “Our de-
cisions should reflect a consistent regulatory philosophy instead of appearing to help or harm a particular
segment of the industry,” Pai said.
——
Broadcasters should always allow the FCC access for inspection to avoid fines, a broadcast at-
torney said. Pillsbury lawyer Christine Reilly referenced the $89,200 fine proposed by the FCC to
Class A station WHPA Philadelphia (CD April 30 p13). The language used by the FCC in this par-
ticular notice of apparent liability "leaves no doubt that the commission was not happy with the licen-
see, particularly with what the FCC believed was blatant disregard for its authority," she said in a blog
post (http://bit.ly/1apzXs4). "The obvious lesson learned here is that if the FCC comes knocking at
your door, let them in."


Cable

Transactions connected to Comcast's effort to buy Time Warner Cable will drive substantial
public interest benefits, Comcast said in an ex parte filing posted Monday in FCC docket 14-57
(http://bit.ly/1neV2gb). Comcast's interest in TWC and the divestiture agreement with Charter Com-
munications, announced last week (CD April 29 p4), will provide additional advanced services for
consumers and much-needed competition in the business services market, it said. The number of
video or broadband competitors in each market will remain unchanged after the transactions, it said. A
Comcast attorney also cited the company's "well-established track record of meeting its commitments
and delivering on promised public interest benefits" in transactions like that firm buying NBCUniversal,
said the filing on meetings with commissioners Mignon Clyburn and J essica Rosenworcel.
——
Independent programmers dealing with the new companies created by Comcast’s deals with Time
Warner Cable and Charter Communications will need to have easily accessible information on who should
be contacted about carriage, Comcast CEO Brian Roberts told FCC Commissioner Mignon Clyburn in a
meeting at last week’s NCTA Cable Show, according to an ex parte filing (http://bit.ly/1iVOrQa). Cly-
burn asked about carriage and opportunities for minority entrepreneurs to invest in cable, said the filing.
The additional scale created by the deals will drive “substantial public service benefits,” Roberts said.
During the meeting, Roberts also reviewed the corporate structure of SpinCo, the company created by
TUESDAY, MAY 6, 2014 COMMUNICATIONS DAILY—17

Comcast with Charter that will have 2.5 million subscribers once the TWC deal is complete, the filing
said. Roberts had a similar meeting and discussion with Commissioner J essica Rosenworcel at the Cable
Show, the filing said.


Mass Media Notes

Though Moody's thinks an Aereo victory in the Supreme Court is unlikely, a win for the streaming
TV service could limit broadcasters’ negotiating leverage in retransmission consent deals, the service said
in an email to investors. “If Aereo wins the case, cable and satellite providers could also cease paying re-
transmission fees to carry local programming by setting up their own form of antennae delivery of broad-
casting signals,” Moody’s said. Relationships between broadcasters and multichannel video programming
distributors would change “unless Congress acted to update copyright laws,” said Moody’s Senior Vice
President Neil Begley in the email. Congress would have the incentive to do so if an Aereo win caused
broadcasters to convert to an alternative to over-the-air signals to protect their content, Moody’s said.
——
Gogo launched a travel and technology website. Www.concourse.gogoair.com will have original
content from industry writers and information on technologies used to provide Internet access on planes, it
said in a news release Monday (http://bit.ly/1mvfJ Rs).
——
AOL and Whalerock Industries redesigned AOL's Moviefone website and apps to include TV con-
tent. The new look is designed to help consumers "find what they want to watch and where they can
watch it," AOL and Whalerock said in a press release (http://bit.ly/1hshKdu). The updated service will
allow consumers to find theaters, channels and streaming services offering movies and TV shows, they
said. Consumers can find an episode of a specific season of a series on platforms like Netflix or Amazon,
"eliminating the frustrating experience of searching through different television platforms," they said.
——
The FCC Small Entity Compliance Guide offers guidance to small businesses, organizations and
governmental jurisdictions for complying with the recently adopted rule that prohibits competing top-four
TV stations from jointly negotiating retransmission consent agreements. The guide, released Monday, is-
n't intended to replace the rules and, "therefore, final authority rests solely with the rules," the guide said
(http://bit.ly/1fKsJ DO). Stations subject to the rule are prohibited from engaging in joint negotiation 30
days after the publication date of the order in the Federal Register, it said. A multichannel video pro-
gramming distributor filing a complaint must do so by demonstrating that the alleged good-faith violation
occurred after the effective date of the rule, it said.


Communications Personals

Brownstein Hyatt promotes Marc Lampkin to managing partner, Washington office, and co-
chairman, Government Relations Department, succeeding Al Mottur, who remains partner and now is
focused on his lobbying practice ... Internet Society Chief Internet Technology Officer Lesl i e Daigl e
leaving, no new plans announced ... Gannett's Broadcasting division hires Deborah Collura, ex-
Washington Post Co.'s Post-Newsweek Stations, as president and general manager, WCNC-TV Char-
lotte ... Qualcomm elects Hari sh Manwani, Unilever, to board ... John Seel y Brown, ex-Xerox, retires
from Corning board.

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