32 Years of the Digest ... founded August 21, 1981
The Telecom Digest for December 30, 2013
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Date: Sun, 29 Dec 2013 01:20:09 -0500 From: Monty Solomon <firstname.lastname@example.org> To: email@example.com. Subject: Free Facebook Finally Comes to American Mobile Phones Message-ID: <firstname.lastname@example.org> Free Facebook, [which is common in global markets, is] Finally Coming to American Mobile Phones By VINDU GOEL DECEMBER 24, 2013 For years, Facebook has been cutting deals with telecom carriers in developing countries like India and the Philippines to offer free Facebook access to cellphone customers using simple phones with no data plans. Now, for the first time, Americans will be able to get free Facebook, too, even if they don't have a mobile data plan. (Isn't that what everyone wanted for Christmas this year?) In January, GoSmart Mobile, a little-known low-cost prepaid service from T-Mobile US, will begin bundling free access to Facebook's social network and instant-messaging service with all of its mobile plans, including a basic $25-a-month unlimited voice plan. The service is primarily aimed at smartphones that run Apple's iOS or Google's Android software, but it will also work on the cheaper, more basic devices known as feature phones. For GoSmart, which is sold primarily through independent shops in urban areas, free Facebook is a way to differentiate itself from other prepaid cellular brands - including the more upscale offerings that T-Mobile sells under its own brand and through its MetroPCS unit. ... http://bits.blogs.nytimes.com/2013/12/24/free-facebook-common-globally-finally-comes-to-american-mobile-phones/
Date: Sat, 28 Dec 2013 20:01:32 -0800 (PST) From: Neal McLain <email@example.com> To: firstname.lastname@example.org. Subject: Re: D.C. Circuit Rejects Challenge to Sunsetting of Viewability Rule Message-ID: <email@example.com> I wrote: >> "...suggesting that the entire cable must-carry regime is on >> extremely shaky constitutional footing." I wonder if "must-carry >> regime" also includes retrans consent. That would be a real >> Christmas gift to the cable TV industry! Garrett Wollman responded: > I doubt it. Retrans consent has a very different legal footing. > If the current must-carry regime were nullified (by either > Congress or the Courts), then retrans consent would continue > unimpeded... I agree that "retrans consent has a very different legal footing" vis-a-vis must-carry in the sense that each was created by a different section of the 1992 Cable Act. Both rights were created by that act; neither was created by copyright law. Of course Congress could eliminate either right without disturbing the other, or a court could strike down either right without disturbing the other. But any such action would affect only the Cable Act, not the Copyright Act. > ...unless Congress chose to eliminate it (thereby creating > a new carve-out from copyright law... Eliminating must-carry without eliminating retrans consent (or vice versa) would constitute a change to the 1992 Cable Act, but it would not change the Copyright Act. > ...whereas the copyright industry has been very > successful in pushing Congress in the opposite direction, > making copyright law more and more draconian at every turn). Well, yes. But "making copyright law more and more draconian" doesn't change the 1992 Cable Act. Of course Congress could change both laws as part of the same Act (and I'm sure copyright lawyers would push it to do so), but changing copyright law by itself does not change communications law. I continued: >> This decision isn't final of course. Broadcasters will surely appeal >> the District Court's decision and the case may end up at the Supreme >> Court. Garrett responded: > It was not a district court decision; the decision came from the > United States Court of Appeals for the D.C. Circuit. The losers > can petition for an "en banc" rehearing (by the entire D.C. > Circuit), or they can petition the Supreme Court to hear their > appeal. If they get an "en banc", the losing party at that stage > can then petition SCOTUS. You are correct. My error. Neal McLain
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