R23 Information Services #137

Does the Fourth Amendment cover 'the cloud'?

cnet.com

Reboot.FCC.gov

dailywireless.com

WiMAX and LTE: The Case for 4G Coexistence

WIMAX industry News

Sprint Launches New 3G/WIMAX Mobile Hotspot

WiMAX.com blog

Tip’n’tilt Q2 Portable Internet Radio

gadgetsin.com

R23 Information Services #132

Pandora Is Coming to Your Car

GigaOM

Why Apple Really Bought Lala

hypebot

4 Ways One Big Database Would Help Music Fans, Industry

wired

Vinyl Records and Turntables Are Gaining Sales

nytimes

Qisda-sourced 'multimedia router' hits the FCC

viigo

MySpace buys imeem music site for under $1 mln

AP

R23 Information Services #131

FCC considers TV spectrum for broadband use

broadcastengineering.com

G.E. Makes It Official: NBC Will Go to Comcast

(read comcast buys hulu) nytimes

Apple acquires music service Lala

reuters

Vinyl frontier: Why records sales are soaring again

the gaurdian

R23 Information Services #126

FCC may look to redefine how it measures media concentration

latimes

Broadband in a backpack

bbc

GM to offer WiFi hotspots

autonews

The Quest for Internet Radio Standards

radioworld

Consumer Media Study Highlights Impact of Digital Media on Radio

audio4cast

R23 Information Services #125

Internet Radio Stations Play More Artists Than Broadcast Stations

audio4cast.com

NPR Partners with Livio for Internet Radio Device

wired

What is the future of music online?

bbc

FCC Neutrality Ruling Tomorrow

daily wireless

Google to Launch Music Service

hypebot

R23 Information Services #123

DJs may provide shakeup station needs

thestate.com

Dell plans first U.S. smartphone with AT&T

reuters

Mobile Powers Online Growth

insideradio.com

Analysis: Weighing Fair Trade As It Hits Portland Music Scene

billboard

Low Power Radio Triumphs over Big Broadcasters in Washington

prometheusradio.org

R23 Information Services #121

WFMU launches Ichiban Rock & Soul and Ubu Audio
http://mp3stream.wfmu.org:443/listen.pls
http://ubustream.wfmu.org/listen.pls

Bill Mann: Internet radio brings the world to your home
mercurynews.com

SoundExchange, Broadcasters Chat At RAIN Summit East
audio4cast

Radio’s Looming Crisis Is Not Digital
The Infinite Dial

Wireless carriers beg FCC for spectrum, blame smartphones
arstechnica

Sprint Banks on WiMax to Win Back Market Share
nytimes

Employers grappling with social network use
cnet

R23 Information Services #105

Comcast & TWC Launch Mobile WiMAX

dailywireless.org

SoundExchange, Webcasters Reach New Agreements

billboard

Why The FCC Wants To Smash Open The iPhone

techcrunch

Clear Channel to Sell Ads for Pandora

adage

Another New Model: Label signed by Artist

hypebot

R23 Information Services #97

President Obama signed the Webcaster Settlement Act of 2009

The top internet radio stations
telegraph.co.uk

FCC Opening Door for New LPTV and TV Translator Applications
comm law blog

Wired Editor-in-Chief Chris Anderson on the Future of Free
wired

In Online Music Era, Country Fans Lack a Connection
washington post

FCC opening door for new LPTV and TV translator applications

By Matt McCormick in CommLawBlog:

Ever want to own your own television station? Your chance is just around the corner, as long as you’re willing to start small with a Low Power Television or TV translator station. The FCC has announced that the welcome mat for applications for new LPTV/translator stations (and major changes to existing stations) will be out as of August 25, if you want a rural station; if you’re looking for Bright Lights/Big City action, though, you’ll have to wait until next January.

In a Public Notice released June 29, the FCC announced a two-phase plan for the filing of applications for new digital-only LPTV and TV translator stations (we'll call them LPTVs collectively) and for major changes of existing LPTVs. Also, any analog LPTVs that didn't pick up a digital companion channel in the last go-round back in 2006 will now get another chance.

Phase 1 begins August 25, 2009, when the FCC will begin accepting, on a first-come, first-served basis, applications for new digital-only LPTV stations, major changes in existing LPTVs and digital companion channels in rural areas only.

What’s a “rural” area? To meet that condition, you must specify a transmitter site at least 75 milers (121 kilometers) from the reference points for any of the top 100 markets. (In an Appendix to the Public Notice, the Commission has helpfully listed not only all of the top 100 markets, but also their respective reference points.)

The geographical “rural only” restriction goes away when Phase 2 begins on January 25, 2010. From that date on, applications for new LPTVs, major changes and companion channels may be filed regardless of the proximity of the transmitter site to a major market.

In both phases, applications will be accepted first-come, first-served, and will be "cut-off" on a daily basis. That means that if you file your application one day after a conflicting application, you're out of luck (unless, of course, the earlier-filed conflicting application gets dismissed, in which case you would get a second chance). If two conflicting applications happen to be filed on the same day, they will be deemed to be “mutually exclusive”, which will entitle them to go through the FCC's auction process.

Applications for new LPTVs and replacement translators must specify an in-core channel (i.e., Channels 2 through 51). Incumbent analog LPTVs looking for digital companion channels should also try to specify an in-core channel, but if nothing suitable is available, a channel between 52 and 59 may be used if the applicant goes through a whole circus full of hoops outlined in the FCC's Public Notice.

(Our colleague Peter Tannenwald raises an interesting question: why would an existing LPTV analog station with an in-core channel apply for a second in-core channel as a digital companion facility, rather than simply applying for a new station on that second channel? The problem with companion channels is that, at some point, that licensee will have to choose between its original channel and its companion channel – that is, in the end the licensee would have only one station on one channel. On the other hand, if the LPTV licensee got an in-core channel as a new stand-alone station – i.e., not a companion channel – and eventually did a flash-cut switch to digital on its original channel, it would end up with two channels, both of which it could keep.)

And on the topic of flash-cuts, the FCC reminds LPTV and Class A licensees currently operating in analog that they can file on-channel digital conversion (i.e., flash-cut) applications at any time – like right now, if they want. The Commission encourages analog LPTV stations that are planning on filing flash-cut applications to do so before the FCC begins accepting first-come, first-served digital applications. Acting sooner rather than later will get you ahead of any tsunami of applications that might develop in, say, August (or January) as far as processing is concerned; it may also prevent other applications from limiting your options in some ways.)

The FCC application filing fee for a new LPTV station or for a major change in an existing station is $705.00. There is no FCC filing fee for flash-cut or digital companion channel applications. All applications must be submitted electronically thought the FCC's CDBS program.

It’s been years since the FCC has flung open the door for new (i.e., non-companion) LPTV stations anywhere. As a result, it is extremely likely, if not an odds-on mortal lock, that some serious demand has built up – demand that we will see unleashed on August 25. In other words, we can probably expect a ton of filings as soon as the door opens. Since the coming opportunity is strictly first-come, first-served, applications which are filed at the first opportunity will block out later-filed applications. That being the case, if you have specific notions of filing for a new station in a particular community, you would be smart to get all your ducks in a row so that you will be able to file on August 25. Otherwise, you run the risk that somebody else will get there first.

Senate expected to confirm Genachowski as new FCC chairman

By Jack Kontney in Broadcast Engineering:

President Obama's nominee for Federal Communications Commission chairman, Julius Genachowski, has emerged from a June 16 Senate Commerce, Science and Transportation Committee vetting with high marks. His nomination now moves to the full Senate for confirmation, which is expected with little controversy. Republican Commissioner Robert McDowell, nominated for a second term on the FCC, was also approved by the committee.

While the audio industry still awaits final FCC rulings and clarifications on white space spectrum allocations and usage by TV band devices, the hearings addressed this issue by implication only. Rather, the nominees were asked for their views on issues like indecency, exclusive mobile carrier arrangements, media ownership rules and broadband integration and infrastructure.

Genachowski, whose technology background includes time as a legal adviser to FCC Chairman Reed Hundt during the Clinton administration and as technology advisor to the Obama presidential campaign, has promised to run a more transparent commission with a strong technology orientation.

In his hearing, Genachowski stated that he plans to use federal economic stimulus money to bring broadband Internet services to underserved, generally rural areas. The Obama administration included $7.2 billion in funds for this purpose.

In addition, a number of other responses may prove enlightening on the future direction of the FCC. Genachowski expressed interest in a proposed Senate bill calling for the FCC to conduct a comprehensive inventory of all available frequency spectrum between 200MHz and 3.5GHz and how it is used for both licensed and unlicensed activities.

Another major hot button is the examination of exclusive wireless carrier deals routinely done by the makers of mobile phones. Noting that traditional phone services are legally required to allow consumers to connect any legal device to their networks, Genachowski has stated that, under his chairmanship, the FCC would review whether mobile handset deals requiring a specific wireless carrier (such as AT&T for the Apple iPhone) are anticompetitive.

The long-standing request for action on this issue originated with the Rural Cellular Association (RCA), which charges that such deals shortchange rural areas. Similar calls to action have come from other grassroots groups. The mobile phone industry feels strongly that exclusivity deals have been a boon to consumers, spurring the development and availability of new technologies. In a written response to a question from Sen. John Kerry, Genachowski said, “If confirmed, I will ensure that the full record on the RCA petition is reviewed and act accordingly to promote competition and consumer choice." Interim FCC Chairman Michael Copps has already instructed the commission to begin planning for such a review.

Genachowski also supports greater diversity in media ownership, expressing his hope to develop strategies to bring more women- and minority-owned representation into the media. It should be noted that both the Senate and the House of Representatives are currently considering laws that would expand the availability of low-power FM radio licenses.

Reading between the lines, it would appear that the combination of a frequency allocation review, white spaces technology development and possible expansion of LPFM license availability may create a “perfect storm” of issues that allows the soon-to-be confirmed FCC chairman to consider a wide variety of rules and policies. With the Obama administration on record as favoring technology development in the white spaces, expansion of broadband availability and Internet neutrality, it seems clear that the FCC will be used as an instrument of the administration’s technology, communication and, to a lesser extent, social agenda.

Considering the extended timeline and limited success of the recent DTV transition, one can only hope that the infusion of fresh blood and a visionary agenda will help the FCC move with more self-assurance than seen in recent years. With the United States lacking a cohesive policy on broadband and wireless communications, the coming years will be critical in defining whether this country will be a leader or follower in broadband availability and mobile communications. The FCC under Julius Genachowski will play a critical role in determining both the direction and success of our nation’s progress in these areas, and whether it can be achieved without crippling existing technologies such as broadcast television and wireless microphone systems.

With never-ending advances in technology constantly challenging the status quo, the FCC must make the transition from “protector of broadcasting in the public interest” to “communications technology consultant for the U.S.” The importance of this critical role cannot be overestimated, and it is hoped that the commission will see the big picture and take decisive action before its too-brief window of political opportunity passes.

It's the Internet, Stupid

From Xeni Jardin via Boing Boing:

A collaborative commentary on The American Recovery and Reinvestment Act (ARRA), which proposes a new economic foundation for the USA through "job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed," and the FCC's creation of a a "National Broadband Plan" for Congress by February 17, 2010.

There's risk in confusing broadband and Internet. If the National Broadband Plan starts from the premise that the U.S. needs the innovation, increased productivity, new ideas and freedoms of expression that the Internet affords, then the Plan will be shaped around the Internet. If, instead, the Plan is premised on a need for broadband, it fails to address the ARRA's mandated objectives directly. More importantly, the premise that broadband is the primary goal entertains the remaking of the Internet in ways that could put its benefits at risk. The primary goal of the Plan should be broadband connections to the Internet. The FCC's Internet Policy Statement of 2005 is a first attempt to codify important aspects of the Internet independent of access technology. It advocates end-user access to content, and end-user choice of applications, services and devices. It says that Internet users are, "entitled to competition," but it does not spell out the entitlement to the benefits of competition, such as increased choice, lower price and diversity of offers. It fails to provide for information about whether advertised services perform as specified. It doesn't address packet inspection, packet discrimination, data collection or end-user privacy. It is not clear that all of these are within the FCC's purview, but it is abundantly clear that all of these factors should be critical to a National Broadband Plan that addresses broadband connections to the Internet. Therefore, we urge that the FCC's National Broadband Plan emphasize that broadband connection to the Internet is the primary goal.

Radio23 Information Services #87

Payola: Once a dirty word, now the basis of internet radio
the guardian

FiRe: Pro-quality audio app for iPhone integrates with SoundCloud

Radio Giant Faces Crisis in Cash Flow
NYTimes

Court, FCC fight losing battle
Variety

NASA is studying the feasibility of using IEEE 802.16 (WiMAX) on the Moon
dailywireless

Congress considers inventory of spectrum use in America

From Cory Doctorow in Boing Boing:

A new bill before Congress calls on the NTIA and FCC to inventory the spectrum use in America. Previous work on this by the likes of the New America Foundation found that the vast majority of US broadcast spectrum was sitting fallow -- either squatted on by members of the National Association of Broadcasters (who get their spectrum for free but are theoretically required to put programming in it and use it in the public interest) or reserved from allocation to keep from interfering with licensed users (many of whom were not using their spectrum at all).

Three tiny slices of open spectrum, at 900Mhz, 2.5Ghz and 5.7Ghz, have created a massive economic and technological revolution through WiFi and other unlicensed uses of the public airwaves. The potential for new economic and technological gains from more open spectrum is unimaginable. Getting that spectrum into use is damned good policy, and long overdue.

My only concern is that the FCC will look for short-term cash gains by auctioning off all or most of the fallow spectrum for exclusive use, as has been done with 3G licenses. But this short-sighted approach trades the immediate gains from an auction for the perpetual income stream that arises from the commerce and activity that's enabled by open spectrum. Think, for example, of the total economic benefits that the nation and the world have derived from WiFi -- from cards and base-stations to hotspots to all the gains in efficiency and new opportunities created by wireless networking, and compare this to the paltry sums extracted by a few phone companies selling crippled, metered, filtered 3G network access.

The bill, titled the Radio Spectrum Inventory Act, was introduced last week by John Kerry (D-MA), Olympia Snowe (R-ME), Bill Nelson (D-FL), and Roger Wicker (R-MS). It amends part of the Communications Act by adding a requirement for a national survey of what's being broadcast into our radio airwaves. The survey will cover everything from 200MHz to 3.5GHz, and will be run by the National Telecommunications and Information Administration and the Federal Communications Commission, with input as needed from the Office of Science and Technology.

New bill calls for inventory of US spectrum.

FCC raids 'gang-sponsored' pirate radio station in Florida

I am surprised Boing Boing and other media outlets are taking the police at their word, when they have lied so many times in the past about stories like this. Where is the link to the station's web site? Where is proof of any kind?

From Mark Frauenfelder in Boing Boing:
On Saturday the Federal Communications Commission and the Orange County Sheriff's department raided a pirate radio station called "Street Heat" that ran ads for gangs and provided information on where to get drugs and prostitutes.

Police said 20-year-old Balthazard Senat's pirate radio station had illegally tapped into 91.3 FM. DJs behind the microphone had their own rules and regulations as they broadcasted from a bedroom at a home on 30th Street off South Orange Blossom Trail. The radio station's "Street Heat" broadcast could be heard anywhere in Orange County. Police said Senat had been cursing and using derogatory language on the air for about three months.

Another window for non-profit groups to apply for non-commercial, educational, full-power FM stations

Folks at the Prometheus Radio Project are reporting that the Federal Communications Commission will open another rare opportunity for non-profit organizations to apply for radio licenses. free103point9 won such a license (on 90.7-FM in Greene and Columbia Counties in New York) during the FCC's October 2007 Full Power Non-Commercial Educational (NCE) filing window for frequencies in the non-commercial band of the FM dial (88-92 FM). "Before that NCE filing window opened, the FCC decided to hold back approximately 65 spots on the dial for locations around the country," a Prometheus says. "These frequencies, called Non-reserved NCE Allotments, are located in the 'Commercial Band' of the FM dial – between 92.1MHz and 107.9MHz – and are set aside for NCE use." The FCC has not announced when exactly the window for applications will be, but it will probably be later in 2009. Watch the Radio For People web site for more information about how to bring community radio to your area.

Senate nears deal to delay digital TV

From Kim Hart in The Washington Post:

Key senators have reached a compromise on a bill that would delay the nation's switch to all-digital television from next month until June 12. A vote on the legislation is expected early next week. Sen. John D. Rockefeller (D-W.Va.), chairman of the Commerce Committee, has been working with ranking member Sen. Kay Bailey Hutchison (R-Tex.), to draft legislation that also would give consumers more access to coupons for the converter boxes needed to continue receiving broadcasts. Television broadcasters are scheduled to turn off analog signals Feb. 17. Consumers with an analog television will need a converter box to get broadcasts. People with digital televisions or cable or satellite service will not lose programming. President Obama earlier this month urged Congress to postpone the transition due to mounting evidence that consumers are not prepared. The Nielsen Co. said Thursday that more than 6.5 million U.S. households are still not prepared for the upcoming transition and could see their television sets go dark next month.

Obama to select Genachowski to lead FCC

From Stephen Labaton in The New York Times:

President-elect Barack Obama intends to nominate Julius Genachowski , an adviser on technology issues and longtime friend, to become the next chairman of the Federal Communications Commission, advisers to Mr. Obama said.

Mr. Genachowski, 46, was a major fund-raiser for the Obama campaign who also played a leading role in the campaign’s highly successful online strategy. He remains very close to Mr. Obama—both men went to Columbia College and Harvard Law School and the two served together on the Harvard Law Review. They also were basketball buddies.

During the campaign, Mr. Genachowski shaped many of Mr. Obama’s telecom policies. He advocated an open Internet in the debate over so-called “net neutrality,’’ and media-ownership rules that promote a diversity of voices on the airwaves.

People involved in the transition said that Mr. Genachowski was a top candidate for both the chairmanship and a new White House position overseeing technology issues that has not been fully defined yet.

If confirmed, one of his first challenges at the commission will be what to do about the problems plaguing the conversion to digital television. The Obama transition team has asked Congress to delay the conversion, set for Feb. 17, because millions of viewers have been unable to obtain coupons to pay for converter boxes that would enable their sets to receive signals once all broadcasters lose their analog signal. (The conversion will not affect viewers who subscribe to cable or satellite television services.)

The chairmanship of the F.C.C. has played a more expansive role in regulating the economy, particularly with the rise of the Internet and wireless communications over the last 20 years. Now, as the new administration plans to make the expansion of broadband and Internet services a significant part of its stimulus package, Mr. Genachowski, with his close ties to Mr. Obama, could wind up with an even bigger role than his predecessors in shaping economic policy.

After graduating from law school, Mr. Genachowski clerked for federal appeals court judge Abner J. Mikva after Mr. Obama turned down the same job. Mr. Genachowski then clerked for Supreme Court Justice David H. Souter. He was chief counsel to Reed Hundt, a chairman of the Federal Communications Commission, during the Clinton administration. He then worked for eight years as a senior executive at Barry Diller’s IAC/Interactive Corporation. He also founded an investment and advisory firm for digital media companies and co-founded the country’s first commercial “green’’ bank.

Podcast Interview with Tom Roe of free103point9

From Future of Music Coalition:

Back in October 2007, the FCC opened a brief licensing window for full-power, non-commercial stations. FMC and our friends at Radio for People thought this would be the perfect (and rare) opportunity for community arts organizations to get on the dial. We worked to identify qualifying groups, letting them know about the possibility and assisting interested parties with the application process.

Now, the approvals are starting to trickle in. New York State "transmission arts" collective free103point9 was recently awarded an FCC license to launch a 3,300-watt FM radio station on 90.7-FM in Greene and Columbia Counties.

Freelance journalist and radio enthusiast Mike Janssen (who worked on and has written about the full power licensing process) recently interviewed free103point9's Tom Roe about how they plan to build a community-oriented radio station from the ground up.

Listen to the podcast here (right -click or option-click to download).

Obama urges delay in digital TV transition

From MSNBC:

President-elect Barack Obama is urging Congress to postpone the Feb. 17 switch from analog to digital television broadcasting, arguing that too many Americans who rely on analog TV sets to pick up over-the-air channels won’t be ready.

In a letter to key lawmakers Thursday, Obama transition team co-chair John Podesta said the digital transition needs to be delayed largely because the Commerce Department has run out of money for coupons to subsidize digital TV converter boxes for consumers. People who don’t have cable or satellite service or a new TV with a digital tuner will need the converter boxes to keep their older analog sets working.

Obama officials are also concerned that the government is not doing enough to help Americans — particularly those in rural, poor or minority communities — prepare for and navigate the transition.

“With coupons unavailable, support and education insufficient, and the most vulnerable Americans exposed, I urge you to consider a change to the legislatively mandated analog cutoff date,” Podesta wrote in a letter to top Democrats and Republicans on the Senate and House Commerce committees.

In a statement released Thursday, Rep. Henry Waxman, D-Calif., chairman of the House Committee on Energy and Commerce, acknowledged that the transition to digital television is not going well, and that millions of Americans could experience serious problems on Feb. 17.

"We also know that many Americans will experience difficulties connecting their converter boxes, that there could soon be a shortage of boxes, and that the federal government is not prepared to answer the many questions confused consumers will have. I am reviewing the President-elect's letter and will work with his team and my colleagues to address the problems created by this poorly managed program," he said.