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Meeting Move?

According to sources, the FCC is considering moving its Sept. 16 public meeting date back by a week or so. One source had heard a week-Sept. 23-another had heard “or so.”

A spokesperson for FCC Chairman Juilus Genachowski had no comment on the rumblings to that effect, which were echoed by sources inside and outside the commission.

Currently, the FCC’s next public meeting is slated for Sept. 16. But on speculation that the meeting might include a declaratory ruling on reclassifying broadband access service under Title II common carrier regulations-speculation the chairman has also declined to comment on-several members of Congress pushed the FCC not to be too hasty, pointing out Congress was not scheduled to return until only a couple of days before that meeting and suggesting that was too narrow a window.

The FCC has been trying to get folks on both sides of the network neutrality debate to come to a meeting of the minds on targeted legislation that would clarify the FCC’s broadband regulatory authority. FCC-brokered talks broke off last week after reports, eventually borne out, that Google and Verizon had come to their own agreement on a way forward, a way that did not sit well with many network neutrality fans.

The chairman has not commented on any of the speculation about timing of any Title II declaration, but the timing of comments on the move is definite and imminent. Reply comments are due tomorrow-Aug. 12.

Emmy Embarrassment: Statuette Still Not In Laurie's House

OK. I’ve seen Breaking Bad and it’s good, but the fact that Hugh Laurie continues to come up empty in the best actor in a drama series category at the Emmy awards is getting to be pretty embarrassing.

I mean, Bryan Cranston has three more Emmys than Hugh Laurie and Jackie Gleason put together.

Laurie’s Gregory House would be a tour de force for an American actor. For a Brit who has to both inhabit another person and another accent and culture, it is phenomenal to watch on Mondays on Fox.  No, he should not have gotten the award because he is a British actor playing an American, it just makes the portrayal that more amazing. He should get it because he’s just that good on Fox’s medical series.

Golden Globes? He’s got two of them; SAG Awards? A couple more. TV Critics Association awards? Two of those as well. People’s Choice Awards? Three, count ‘em, three. He even has a Teen Choice Award, whatever that is. People love him, teens love him, critics, guilds worth of screen actors, accountants (I’m told  — OK, Wikipedia — that Laurie is the highest paid dramatic actor in TV). So, what is it with the academy?

Mad Men took matters into its own hands. With an episode scheduled opposite the awards, the show guaranteed a win for best actor nominee Jon Hamm by writing him a Clio advertising award for a Glo Coast spot. Hamm lost to Cranston, too. AMC was quick to congratulate Matthew Weiner on his writing award with a spot in the show.

Maybe House can get a “most cynical doctor” award from the AMA next season.

Copps Corrects 'Post'

FCC Commissioner Michael Copps has taken the Washington Post to task for its editorial in support of the Google/Verizon network neutrality accord.

In a letter to the editor Aug. 31, Copps pointed out that the editorial had “wrongly stated” that the BitTorrent court decision meant the FCC had no authority over Internet Service Providers.

The decision was actually that the statute the FCC used to buttress that decision did not sufficiently do so, something the FCC is trying to rectify as we speak.

Copps laid the blame for the court defeat at the feet of a Bush administration that “consciously moved broadband Internet access from Title II, which would have supported the commission’s authority, to a murky place that invited court challenge.”

Copps said it was time to “put broadband back under Title II, where it belongs — and under which many smaller companies continue to offer Internet access to the public.”

The FCC is currently contemplating a Title II ‘lite” approach that Copps supports, though he would prefer that the commission be less ‘lite’ in forbearing from most Title II provisions.

But FCC Chairman Julius Genachowski is also encouraging stakeholders to come up with a compromise network neutrality legislative framework that might supersede the Title II approach, which has gotten Congressional pushback.

Copps took aim at the Google/Verizon legislative framework of excluding wireless broadband from most Internet openness rules and allowing for specialized services that are delivered over broadband but not over the Internet. “The Verizon-Google plan that The Post endorsed creates a two-tiered Internet at the expense of the open Internet we now have, almost completely excludes wireless and transforms the FCC from what is supposed to be a consumer protection agency into an agent of big business,” worte Copps. “I thought we’d had enough of that. To expect big telecom and cable duopolies to protect consumers while a toothless agency stands quietly by is to expect what never was nor will be.”

Phoenix Center Gets Flamed

The Phoenix Center will need to rise from the ashes of the incendiary criticisms labeled at its latest study by an FCC official.Paul deSa, the chief of the FCC’s Office of Strategic Planning took aim at the center in a claw-baring blog posting Wednesday.The Center had released a study earlier this week, Jobs, Jobs, Jobs: Communications Policy and Employment Effects in the Information Sector, arguing that FCC broadband regulation could hurt job creation and the economy.

Phoenix called it a “significant contribution to the existing literature.”

DeSa would have none of it, mocking the study and the group. He called it a “frothy mix of algebra and math jargon,” then quoted from the dense language to support the argument: “a 2 × 1 speed of convergence parameter vector, C is a matrix that defines the contemporaneous structural relationship among employment and investment expenditures, and et = [e1,t e2,t]’ is a vector of mutually orthogonal structural shocks to these variables.” He spoke of the press release as mercifully equation-free.

“While it would no doubt be fun to wander over to the Phoenix Center to sip lattes while using “the estimates from the vector error correction model [to] conduct a variety of simulations to measure the effect on jobs from a change in capital expenditures,” this Commission would rather do the hard work of implementing real-world policies that help incumbents and innovators create real jobs and investments to strengthen our nation’s broadband economy today and for the future,” said deSa.

I am often similarly offput by pages worth of equations and algebraic explanations, but apparently they do often mean something, like how to get rockets to the moon and back. If the Phoenix study equations are off, that is one thing, but just because they are equations doesn’t make them de facto mockable. I must trust DeSa that he has drawn a distinction because I would not be able to distinguish between algebraic doubletalk and Noble prize- winning formulas if the future of mankind hinged on it.

By the “decipherable” measure, the FCC’s Herfindahl-Hirschman Index is in the same category as the Phoenix study to me. And I challenge anyone out there to read the Earthlink addendum to its Comcast/NBCU filing currently on file at the FCC and explain it, which does not mean it isn’t explicable.

Here is a sample of the Earthlink paper: “[G]iven a density function f and its cumulative distribution function F, we use the assumptions that both F(x)=f(x) is monotone increasing and (1F(x))=f(x) is monotone decreasing.”

The latte-sipping remark seemed a bit unnecessary to me, but that is from someone who was once described in an online column as a “champagne-swilling sybarite ramming indecencies down the gaping maws of school children,” or something to that effect. (Don’t ask.)

Bottom line is, I wonder, and have wondered before, at the wisdom of government officials taking aim at critics in blogs unless it is to rebut the arguments in the normal bureaucratic monotone that is less engaging but perhaps more appropriate to the venue (the FCC not a blog, for which almost anything seems to go).

Just a thought.

Phoenix Center President and former FCC official Lawrence Spiwak had his own thoughts.

This is the reply he was planning to post on deSa’s blog:

“While we always welcome the opportunity to sit down with our good friend Dr. de Sa to enjoy a beverage of his choice, we would like to make clear that our analysis was never meant to take away from the good work the FCC has done to develop and implement a truly excellent National Broadband Plan.

“As we and others have pointed out, the FCC risks sabotaging its own efforts by trying to impose common carrier regulation on broadband transport. Our paper simply provides an econometric multiplier to measure the effect of these proposed regulations on jobs, finds this effect to be significant, and will serve to undermine any good that they’ve done.”

Media's Major Role In Miner Rescue

FCC Chairman Juilus Genachowski used the recovery of Chilean miners as an opportunity to give a shout-out to communications in general and one of the broadband plan’s national purposes in particular.Genachowski said Thursday that the Chilean miner rescue was “not just a story about the triumph of the human spirit,” but of “the power of technlogy and, in particular, communications technology.”During his opening statement for the October monthly meeting, he pointed out that for the first 17 days after the mine collapse, nobody knew whether or not the miners were alive. But after they were discovered, he said, rescuers ran a fiber line to them, providing a direct link to the government and their families, including carrying videos to those familes to show the miners were OK and allowing doctors to assess and treat them remotely.

One of the drivers of the FCC’s goal of universal deployment is such remote telemedicine capability.

“Communications technology certainly played a role in the daily well-being of the miners” as well, he said, helping them keep up their sprits and endure the 70 days of the ordeal, the longest anyone has survived buried undergound, he pointed out.

“Journalists and radio and TV stations meanwhile kept tabs on what became known as “Camp Hope,” he added.

Genachowski called it another reminder of “the extraordinary potential and benefits of communications technology” as well as “an ongoing motivation for all of us at the FCC and the work that we do every day.”

The Real Bill Shock

The real bill shock for some in the communications industry this week may have been that for once, cable operators were not on the business end of the stun gun.Did anyone take note of the fact that an FCC Chairman was talking about the size of communications bills and the object of disaffection was not the cable industry but wireless carriers.

Cable operators got so used to being pilloried over their bills by former FCC Chairman Kevin Martin that a reflexive flinch in anticipation of this week’s “bill shock” announcements by current FCC Chairman Julius Genachowski would have been understandable. There were the same kind of “shocking” examples–300 page bills, $30,000 charges–OK, I don’t think Martin ever found either of those on the cable side.

Genachowski is not Martin, however. It is hard to turn around without finding the chairman praising the promise of  wireless broadband. And he was not complaining about the size of the bills as much as he was the fact that consumers were being surprised by some of the charges.

Actually, Martin is still pounding the a la carte cable beat as witness his comments last week on C-SPAN’s Communicators. Frankly, I found it interesting that when all three former chairmen on the program–Michael Powell and ReedHundt were also in attendance–were asked to weigh in on the Comcast/NBCU deal, Martin did not point out that he has been part of a legal team opposing the deal for clients including Bloomberg. He did say at the end ofthe show that he represented communications clients as a partner in Patton Boggs, but that seemed less than full disclosure.

Of course he was hammering cable on prices and choice long before he was being paid to do so, so there is no inconsistency in his position.

Goldman Puts Other ACA In The News

The ACA has been in the news a lot lately.

But with due modesty to the pickup our coverage of the American Cable Association got last week online and in the magazine, it is a different ACA.

The ACA that has been all over the Web, and probably wishes it hadn’t been, was ACA Capital Holdings, the now-defunct bond insurer that found itself in the middle of the Goldman Sachs story.

The definitely not-defunct ACA we are more familiar with was having a much better time of it over the past week or so as it contemplated possible FCC action on a retrans revamp it has been calling for at the FCC.

“Any similarity between ACA (cable) and ACA (alleged Goldman Sachs ally) is purely coincidental,” said American Cable Association President Matt Polka. “We at ACA (cable) are too busy reforming retransmission consent to take on something uncomplicated like the world of credit default swaps.”

Those swaps are enough to make a grown Senator swear.

Supreme Court's (Brand) X Factor

If various reports are correct, the White House could be vetting a strong voice for Title II regulation of Internet access to replace retiring Justice John Paul Stevens on the High Court.

The next Supreme Court justice could be a judge who twice has held that cable- modem service is at least partly the kind of telecommunications service that the FCC can regulate under a Title II common carrier regime.

The FCC is currently contemplating that and other moves after the federal appeals court for the D.C. circuit ruled that it had not justified its network management decision against Comcast under its Title I designation for cable-modem service.

According to reports late last week by various news services, the administration has been talking with Judge Sidney Thomas of the Ninth Circuit federal appeals court about the upcoming vacancy on the High Court.

Thomas delivered the opinion in the  AT&T vs. City of Portland case in 2000, which held that open-access mandates could not be applied to AT&T by the city as part of a franchise agreement because Internet (@Home) was not a cable service, but at least partly a telecommunications service.

“Under the Communications Act, [the] principle of telecommunications common carriage governs cable broadband as it does other means of Internet transmission such as telephone service and DSL,” Thomas wrote in the Portland decision.

Ironically, that designation could open the door to federal access regulations if the FCC decides to classify cable broadband as a Title II telecommunications service subject to interconnection and nondiscrimination requirements.

Thomas actually twice came to the conclusion that cable modem service included a transmission component that was subject to Title II regs. The second time was when he concurred in the court’s second call on classification. That came in the Brand X case, which challenged the FCC’s subsequent classification of the service as a more lightly regulated information service.

The Brand X challenge was based on the court’s earlier conclusion in Portland that cable broadband had a telecommunications component tied to the transmission element. Brand X was eventually overturned by the Supreme Court, which deferred to the FCC’s Title I classification. But in the Brand X decision, Thomas, in a concurring opinion, wrote separately “to underscore my conclusion that City of Portland was correctly decided. Considered in its entirety, the 1996 Telecommunications Act compels the conclusion that cable modem contains a telecommunications service component.”

Thomas was tapped for the Ninth Circuit post in 1995 by the President Bill Clinton. His better/other half, former First Lady and currently Secretary of State Hillary Clinton, has been another name floated as a possible Supreme Court nominee, though she said Sunday on one of the talk shows that she was not angling to ankle her State Department gig to add judicial variety to her resume.

But if Clinton did, she could be another sympathetic ear to mandatory open access.

She was an early backer of network neutrality legislation as a senator and talked up access and connection as Secretary of State in a speech about global information access earlier this year.

Clinton said it was critical that Internet users were assured basic freedoms, including the freedom to connect “to the Internet, to websites, or to each other,” which she likened to the freedom of assembly. She was speaking globally, but also suggested American companies needed to lead by example. Of course, Thomas and the network neutrality would both have to get to the court before his Title II defense could pack a punch, but it’s worth keeping an eye on.

National Treasure 3(D)?; Close, But No Segars

3D may be all the rage in films, and increasingly TV, and raking in the gold thanks to films like Avatar (highest grossing film of all time), Alice in Wonderland (and we’re still not out of the A’s).

But one executive with a foot in both worlds suggests he would rather reach out and touch the audience with a good, old-fashioned storytelling than a finger protruding magically from the screen, at least when it comes to his own hit movie franchise.

That was the word from Charles Segars, president of Ovation Television and the creator of the National Treasure franchise. He says the scipt for number three has been turned in and “we’re just waiting to hear.” He is confident it is getting done, saying Disney wants to do it and star Nick Cage “is financially motivated to do it,” but added: “The question is can we get [director] Jon Turtletaub to do it.

Asked if National Treasure 3 would get the 3D treatment, he said “probably not, if I have anything to do with it.” He said he expected there would be pressure to do it, but added: “I think we’ll win this one.”

Segars said part of the stories’ success has been the feel of “a fun, old-fashioned movie…. My movies have been a throwback in a good way,” he said in an exclusive interview with Multichannel News last week. “They kind of feel like a fun, old yarn in the positive sense of the word, and I hope we don’t change it.”

Once the film has the added dimension, literally, of having to serve the technology, he suggests “then we have to shoot something [that says] ‘Wow, isn’t this great in 3D,’ and I think we’re going to be like everyone else,” said Segars.

I will insert myself into the storyline for a moment to say that I thought what turned Disney’s 3D Christmas Carol from a really great version into a really good one was that “look we’re in 3D” chase scene with the mini-me Scrooge and the carriage of death.

But I digress.

Segars added that there are other films that can carry the 3D load. “They [Disney] have all this other 3D stuff they are releasing. Let Tron go do that, or Alice the Sequel, or one of those Pirates 12 movies, but hopefully not National Treasure 3.”

As a TV executive, doesn’t the potential of a broadcast or cable aftermarket in a 3D movie push him in that direction. “No,” he said, “that I can promise.”

Jon Turtletaub, who directed the first two films, recently said he would like to take a crack at National Treasure in 3D this time around, though he is not sure the technology is right for all films.

In an interview posted on Collider.com from WonderCon in San Francisco in early April, Turteltaub said he isn’t sure 3D is “there yet,” and does know how much better it makes a movie. He also concedes that it adds money and difficulty, but still says he would “love to try it” with National Treasure. It adds a level of creativity and a new way of storytelling that offers new opportunities when a director has a “z axis” to work with,” says Turteltaub.

So, 3D or not 3D?, that is the question. Stay tuned.

Google's Gaffe?

Show of hands, here. How many people are still looking for the indignity and outrage from the online privacy and “open and transparent digital business practices” worlds about Google’s data harvesting gaffe/mistake/scandal?

Does anyone here think that if Comcast or Charter or Cox had been discovered collecting and storing private data for years, after having first denied it, that the net would be full of talk of inadvertence and gaffes and “must do better next times.”

Comcast/NBCU are not even partnered and they are being pilloried for a host of imagined and anticipated evils both on and off-line.

I am inclined to believe that Google made a mistake in its mission to collect all the world’s information, just as I am inclined to believe that Comcast made a mistake as well, trying to hit a scary and moving target with a blunderbuss, while proceeding to shoot itself in the foot.

But talk about discriminatory treatment in the digital age.

One online privacy proponent was too busy on other fronts to focus on the issue, I was told, while one of those groups that hammers Comcast at every turn said it was not focused on international issues at the moment — Google’s harvesting “gaffe” was discovered in Germany.

Maybe the executives running networks and content and applications companies are all out to conquer and control the world for their shareholders and incentive bonuses through nefarious means, blocking and degrading our political speech, harvesting our private data at will with a twirl of their mustaches and a swirl of their black capes.

Or maybe they are trying to figure out a business that is morphing at the speed of exponential technological change and sometimes get hoisted on their own petard.coms.

“Sauce for the Google?” a far better media reporter than I once asked.

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