7/19. The Federal Communications Commission's (FCC) Office of Engineering and Technology (OET) and Consumer and Governmental Affairs Bureau (CGAB) released a report titled "A Report on Consumer Wireline Broadband Performance in the U.S."

This report is based on tests conducted in April of 2012. The FCC released a similar report on August 2, 2011, that was based upon tests conducted in March of 2011. See, story titled "FCC Releases Performance Report on the 13 Largest Wireline BIAS Providers" in TLJ Daily E-Mail Alert No. 2,277, August 2, 2011.

The just released report reveals "striking across-the-board-improvements on key metrics underlying user performance".

This report finds that "accurate delivery of advertised performance by ISPs has improved overall", that "differences among ISPs in their ability to deliver advertised speeds are now smaller", and that "customers subscribed to faster speed tiers in 2012 than in 2011". This is third finding is "a result of both upgrades by ISPs to their network as well as some migration of consumers to higher speed services".

FCC Commissioner Jessica Rosenworcel summed up the report: "Testing reveals that over the course of the last year, the average Internet service provider delivered 96 percent of advertised speeds. This is an improvement over just a year ago, when the average provider delivered 87 percent of such speeds. In addition, the average subscribed tier has improved, from 11.1 Mbps last year to 14.3 Mbps this year." See, statement.

FCC Chairman Julius Genachowski claimed that "our report last year fueled competition in the marketplace". See, statement.

Comcast's Cathy Avgiris wrote in a short piece that "The FCC's report validates our efforts and investments to date, but we're not stopping here: we plan to introduce additional, faster speed tiers in the near future, and we continue to invest in our network to make sure we're giving our customers more options to meet their Internet needs."

AT&T stated a release that this report "demonstrates that consumers continue to get the broadband Internet access speeds they are paying for, that the speeds offered to consumers are increasing and that consumers are moving to these faster broadband speed tiers. Overall, it is abundantly clear that American consumers are getting high-quality broadband services from their Internet Service Providers (ISPs). This success is driven by policies that enable the Internet’s consumer driven growth with minimal government intervention, allowing private investment to build broadband IP infrastructure necessary for America’s economy, innovation and global competitiveness."

7/20. The Federal Communications Commission (FCC) belatedly released a report [204 pages in PDF] on the status of competition in the market for the delivery of video programming.

FCC Commissioner Robert McDowell wrote in his statement accompanying the report that "I would have preferred for this report to affirmatively conclude that the video programming market is competitive. It provides ample evidence for such a conclusion."

FCC Commissioner Ajit Pai wrote in his statement that "Over the four years covered by the report, the range of MVPD options expanded, broadcasters increased their number of multicast streams, distribution of video content over the Internet exploded, and the variety of devices capable of displaying video programming grew dramatically. This is all good news, because competition within and among market segments (broadcasters, MVPDs, and online video distributors) benefits consumers." (Parentheses in original.)

Report Findings. This report contains sections on multichannel video programming distributors (MVPDs), broadcast television stations, and online video distributors (OVDs).

The MVPD findings of the report states that "Cable MVPDs accounted for almost 60 percent of all MVPD subscribers at the end of 2010." Also, "The two DBS MVPDs, DIRECTV and DISH Network, accounted for over 33 percent of MVPD subscribers in 2010."

"In the MVPD group, the most significant change in the status of competition has been the entry of AT&T and Verizon. These two telephone companies have upgraded their networks to provide video services that compete directly with cable and DBS. At the end of 2010, the video services of Verizon FiOS and AT&T U-verse were available to one-third of U.S. homes and accounted for approximately seven percent of all MVPD subscribers."

The report adds that "Another significant development within the MVPD category has been the ``TV Everywhere´´ initiative, which allows subscribers of certain MVPD services to access MVPD video programming on stationary and mobile Internet-connected devices including: televisions, computers, tablets, and smartphones." (Footnote Omitted.)

With respect to broadcast television stations, the report states that "Several major patterns of consumer behavior have emerged which impact broadcast stations. The first is the dramatic increase in the number of households with HD television sets, from 25 percent during the 2007-2008 television seasons to 64 percent during the 2010-2011 television season. The second is the doubling of penetration of digital video recorders (DVRs), from 19 percent during the 2007-2008 television season to 38 percent during the 2010-2011 television season. The availability of DVRs and of broadband and mobile devices has spurred consumers’ desire to watch video on a time-shifted basis either on television sets or on other screens. In recent years, broadcast networks have started to explore and develop a variety of alternative outlets and business models for the distribution of their programming, including video-on-demand (“VOD”), online video distribution, and electronic sell-through." (Footnote omitted.)

With respect to online video distributors (OVDs), the report states that "OVDs have emerged as significant providers of video content. The OVD marketplace has expanded considerably, with all of the major providers either entering the market over the last few years or dramatically retooling their approach during that time. Today’s growing list of OVD providers includes programmers, content owners/producers, and affiliates of online services, manufacturers, retailers, and other businesses."

It states that "online video reaches consumers via multiple devices, including computers, smartphones, tablets, gaming consoles, television sets, and other equipment connected to the Internet."

Administrative History. This report is required by 47 U.S.C. § 548(g). The 1992 Cable Act, Public Law No. 102-385, imposed the requirement upon the FCC to prepare an annual report on the state of video competition.

In recent years, the FCC has not released these reports in a timely manner, or on an annual basis. In particularly, the FCC has pursued regulatory policies not supported by the data disclosed in these delayed and withheld reports.

This is the 14th report in the 20 years since passage of the Cable Act.

The statute requires that "The Commission shall ... annually report to Congress on the status of competition in the market for the delivery of video programming."

The FCC roughly complied with the statute through its adoption of the 12th Annual Report [161 pages in PDF] on February 10, 2006, which it released on March 3, 2006. See, story titled "FCC Describes Annual Report on Video Competition" in TLJ Daily E-Mail Alert No. 1,308, February 13, 2006.

The Commission claimed that it adopted its 13th report at its event of November 27, 2007, titled "Open Meeting". That report is FCC 07-206 in MB Docket No. 06-189. See, story titled "FCC Commissioners Withhold Support for Martin's 70/70 Conclusion" in TLJ Daily E-Mail Alert No. 1,680, November 30, 2007.

The FCC did not release that 13th report until January 16, 2009. It addressed the year 2006, and hence was long out of date upon release. And, the FCC stopped writing video competition reports for several years. See, story titled "FCC Resumes Its Statutory Obligation to Study Video Competition" in TLJ Daily E-Mail Alert No. 1,886, January 21, 2009.

The FCC released a Notice of Inquiry (NOI) for its 14th report on January 16, 2009 (purportedly adopted in November of 2007), and a Supplemental NOI on April 9, 2009. See, story titled "FCC Releases Amended NOI on Annual Video Competition Reports" in TLJ Daily E-Mail Alert No. 1924, April 11, 2009.

It has taken the FCC over three years since the issuance of those NOIs to complete and release the present report, the FCC's 14th.

The just released report states that it covers the four years of 2007, 2008, 2009, and 2010. Hence, it is already out of date. Although, the report notes developments are recent at early 2012, for example, in the launch of OVD services by YouTube and others.

This report is titled "Fourteenth Report". It FCC 12-81 in MB Docket No. 07-269. The FCC adopted it on July 18, and released it on July 20.

NOI for 15th Report. The FCC also released a Notice of Inquiry [29 pages in PDF] that requests comments that will assist it in writing its 15th report. This NOI states that it will cover the years 2011 and 2012.

Commissioner Pai wrote that "Given the fast pace of change within the industry, it is vital that the Commission comply with its statutory mandate to ``annually report to Congress on the status of competition in the market for the delivery of video programming.´´ 47 U.S.C. § 548(g). Our record on this score is a matter of public record and need not be repeated here. I am hopeful, however, that we are back on track and that we will release our next report in 2013."

Initial comments are due by September 10, 2012. Reply comments are due by October 10, 2012. This NOI is FCC 12-80 in MB Docket No. 12-203.

7/26. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of  S 225 [LOC | WW], the "Access to Information About Missing Children Act of 2011". This bill is again on the SJC's agenda for its executive business meeting on August 2, 2012.

Sen. Amy Klobuchar (D-MN), the sponsor of the bill, stated at the meeting that this bill would "untie the IRS's hands".

Sen. Klobuchar (at right) said that it would enable local law enforcement officials to obtain access to federal income tax returns filed with the Internal Revenue Service (IRS) in cases involving abductions of children by family members who file accurate tax returns that list their addresses and dependent children.

However, the text of the bill does not reference the IRS or tax returns. It would enable local law enforcement access to information of any federal agency.

Moreover, it would also enable any federal officer to obtain access to information of any federal agency. For an explanation of this bill, see story titled "Senate Judiciary Committee to Take Up Access to Federal Information Bill" in TLJ Daily E-Mail Alert No. 2,410, July 24, 2012.

The House will meet at 9:00 AM for legislative business. The schedule for the week includes no technology related items. See, Rep. Cantor's schedule.

The Senate will meet at 9:30 AM.

9:00 AM. The House Intelligence Committee (HIC) will hold a hearing titled "Ongoing Intelligence Activities". See, notice. Location: Room HVC-304, Capitol Visitor Center.

9:30 AM. The House Judiciary Committee's (HJC) Subcommittee on the Constitution will hold a hearing titled "Oversight Hearing on the U.S. Department of Justice Civil Rights Division". See, notice. Location: Room 2141, Rayburn Building.

9:30 AM. The House Financial Services Committee (HFSC) Subcommittee on Capital Markets will hold a hearing titled "The 10th Anniversary of the Sarbanes-Oxley Act". See, notice. Location: Room 2128, Rayburn Building.

9:45 AM. The House Ways and Means Committee (HWMC) will meet to mark up HR 6156 [LOC | WW], the "The Russia and Moldova Jackson-Vanik Repeal Act of 2012". See, notice. Location: Room 1100, Longworth Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of S 225 [LOC | WW], the "Access to Information About Missing Children Act of 2011". The agenda also includes consideration of the U.S. District Court nominations: Jon Tigar (USDC/NDCal), William Orrick (USDC/NDCal), and Thomas Durkin (USDC/NDIll). See, SJC notice. Location: Room 226, Dirksen Building.

1:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing on the nomination of William Baer (Arnold & Porter) to be Assistant Attorney General (AAG) in charge of the Department of Justice's (DOJ) Antitrust Division. See, SJC notice. Location: Room 226, Dirksen Building.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and telecast panel discussion titled "Accelerated Case Resolution Before the Trademark Trial and Appeal Board". The speakers will be Peter Cataldo (Administrative Trademark Judge at the USPTO's TTAB), Cheryl Goodman (Interlocutory Attorney USPTO/TTAB). George Pologeorgis (Interlocutory Attorney, USPTO/TTAB), Mary Margaret O'Donnell (Blue Filament Intellectual Property). Prices vary. CLE credits. See, notice.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room 219, Hart Building.

The House will not meet. See, Rep. Cantor's schedule.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and telecast panel discussion titled "Trademark Prosecution: Lessons from the Trenches". The speakers will be Cheryl Black (Goodman Allen & Filetti), Tricia Thompkins (Perry Ellis International), Hellen Johnson (USPTO), Sharra Brockman (Verv). Prices vary. CLE credits. See, notice.

The House will not meet.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its its draft SP 800-130 [112 pages in PDF] titled "A Framework for Designing Cryptographic Key Management Systems".

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its Public Notice [MS Word], DA 12-818, regarding the privacy and data security practices of mobile wireless services providers with respect to customer information stored on their users' mobile communications devices. See also, notice in the Federal Register, Vol. 77, No. 114, Wednesday, June 13, 2012, at Pages 35336-35338.

10:00 AM. The Senate Homeland Security and Governmental Affairs Committee's (SHSGAC) Subcommittee on Oversight of Government Management will hold a hearing titled "State of Federal Privacy and Data Security Law: Lagging Behind the Times?". The witnesses will be Mary Ellen Callahan (DHS Chief Privacy Officer), Greg Long (Federal Retirement Thrift Investment Board), Greg Wilshusen (Government Accountability Office), Peter Swire (Ohio State University law school), Chris Calabrese (ACLU), and Paul Rosenzweig (Heritage Foundation). See, notice. Location: Room 628, Dirksen Building.

DATE AND TIME CHANGE. 12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Powering the Mobile Revolution: Principles of Spectrum Allocation". The speakers will be Richard Bennett (ITIF), Christopher McCabe (CTIA), Morgan Reed (Association for Competitive Technology), John Liebovitz (FCC), and Thomas Tower (OSTP). See, notice. Location: Room B-318, Rayburn Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room 219, Hart Building.

9:30 AM. Two Subcommittees of the House Ways and Means Committee (HWMC) will hold a hearing on removing social security numbers from Medicare cards. See, notice. Location: Room 1100, Longworth Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Research and Science Education will hold a hearing titled "The Relationship Between Business and Research Universities: Collaborations Fueling American Innovation and Job Creation". The witnesses will be William Green (Accenture), Ray Johnson (Lockheed Martin Corporation), John Hickman (Deere and Company), and Jilda Garton (Georgia Tech Research Corporation). The HSC will webcast this event. See, notice. Location: Room 2318, Rayburn Building.

2:30 PM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing on HR 3889 [LOC | WW], the "Promoting Automotive Repair, Trade, and Sales Act", or "PARTS Act". This bill, sponsored by Rep. Darrell Issa (R-CA) and Rep. Zoe Lofgren (D-CA), would amend the Patent Act to provide an exemption from infringement for certain component parts of motor vehicles. See, notice. Location: Room 2141, Rayburn Building. 

2:30 PM. The Senate Commerce Committee (SCC) will hold a hearing on legislation that would give states authority to impose and collect sales taxes from distant internet sellers. See, notice. Location: Room 253, Russell Building.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The SJC will webcast this event. Location: Room 226, Dirksen Building.

1:00 - 2:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "New Age of Discovery: Government’s Role in Transformative Innovation". The speakers will include former Rep. Bart Gordon (D-TN), Kathleen Kingscott (IBM), Eric Toone (ARPA-E), and Arun Majumdar (ARPA-E). See, notice. Location: ITIF/ITIC, Suite 610A, 1101 K St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed hearing on undisclosed matters. See, notice. Location: Room 219, Hart Building.

7/26. The Senate Judiciary Committee (SJC) held an executive business meeting at which it held over consideration of three nominees for the U.S. District Court: Jon Tigar (USDC/NDCal), William Orrick (USDC/NDCal), and Thomas Durkin (USDC/NDIll). The three are again on the SJC's agenda for its executive business meeting on August 2, 2012.

7/23. FCC Commissioner Jessica Rosenworcel hired David Goldman as Senior Legal Advisor with responsibility for wireless, international, and public safety issues. See, FCC release. He previously worked for the Senate Commerce Committee (SCC). Before that, he worked for the FCC's Wireless Telecommunications Bureau (WTB).

7/23. Ben Scott will go to work for the New America Foundation (NAF). He will be a part of the NAF's Open Technology Institute (OTI), which is headed by Sacha Meinrath. Scott previously worked at the Department of State (DOS). See, NAF release.

Tech Law Journal publishes a free access web site and a subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for a single recipient. There are discounts for subscribers with multiple recipients.

Free one month trial subscriptions are available. Also, free subscriptions are available for federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until two months after writing.

For information about subscriptions, see subscription information page.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments page.

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2012 David Carney. All rights reserved.