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2/9/10

F.C.C. Seeks More Input on Wireless Internet Rules

WASHINGTON — On the Internet, data moves at the speed of light. The Federal Communications Commission, not so fast.
Joshua Roberts/Bloomberg News
“As we've seen, the issues are complex, and the details matter,” Julius Genachowski, the F.C.C. chairman, said in a statement.
After months spent gathering comments about preserving an open and competitive Internet, the F.C.C. requested more feedback on Wednesday about whether regulations should apply to wireless Internet service.
The agency is also asking for comments about one of the most hotly debated Internet regulatory issues: special services that offer to prioritize certain digital traffic for a fee.
Those two issues were at the center of a recent proposal by Verizon and Google that generated widespread debate in the telecommunications and Internet communities.
Last month, Google and Verizon proposed a framework that would offer some consumer protections for an open Internet but would allow broadband service providers the freedom to speed the delivery of some digital content for a fee.
The proposal also would exclude wireless broadband from nearly all regulation.
The F.C.C.’s decision to seek further comment during the next 55 days effectively precluded any commission actions until after the Congressional elections in November.
Lawmakers of both parties have accused the F.C.C. of trying to “regulate the Internet” with recent proposals that would give it authority over the companies that provide consumers with Internet connections.
Several public advocacy groups expressed anger at the F.C.C.’s move, accusing it of trying to duck a politically difficult decision.
Those groups have been pushing for the commission to re-establish its authority over Internet service providers and to guarantee the open-access practice known as net neutrality.
“I think it has the appearance of the F.C.C. kicking the can down the road,” said Derek Turner, research director for Free Press. “The job of the F.C.C. is to protect the public interest. That includes making the really hard decisions that may anger some powerful industry incumbents.”
F.C.C. officials said the request for additional comments was tied in part to the Google-Verizon proposal. But the agency was also trying to guard against generating unintended negative consequences, and to ensure that any rules it did adopt would not be thrown out on a technical claim that the commission had not followed federal rule-making procedures.
“As we’ve seen, the issues are complex, and the details matter,” Julius Genachowski, the F.C.C. chairman, said in a statement. “Even a proposal for enforceable rules can be flawed in its specifics and risk undermining the fundamental goal of preserving an open Internet.”
The F.C.C.’s proposed rules on preserving an open Internet were also blocked by an appeals court decision in April that struck down the commission’s legal basis for enforcing net neutrality — the concept that no legal content or application should receive priority on the Internet or be blocked by an Internet service provider.
The commission has floated a separate proposal that would reclassify broadband Internet service under a portion of the Communications Act that regulates telephone and other telecommunications services.
Currently, Internet access is defined as an information service, a category that is lightly regulated under the act. The F.C.C.’s reclassification proposal is intended in part to allow the commission to enforce net neutrality.
Thomas J. Tauke, an executive vice president at Verizon, said the company was encouraged by the commission’s decision to further study net neutrality as it applied to wireless broadband and specialized services.
“At the same time, it remains clear that whatever action the F.C.C. takes will be clouded by legal uncertainty until the Congress enacts legislation that spells out the authority of the F.C.C. and establishes a broadband policy,” Mr. Tauke said.
Portions of the commission’s notice cited examples that could give hints of the F.C.C.’s leanings on the wireless issue. It said that AT&T’s Mobility wireless broadband service and the Leap Wireless broadband service had recently introduced pricing plans that charged different prices based on the amount of data a customer used.
“The emergence of these new business models may reduce mobile broadband providers’ incentives to employ more restrictive network management practices that run afoul of open Internet principles,” the commission said.
The F.C.C.’s notice also raised issues concerning specialized services, including its desire for a clear definition of what they were and whether they would supplant the open Internet by reducing investment on expanded Internet network capacity.

Of Two Minds About Books

SAN FRANCISCO — Auriane and Sebastien de Halleux are at sharp odds over “The Girl With the Dragon Tattoo,” but not about the plot. The problem is that she prefers the book version, while he reads it on his iPad. And in this literary dispute, the couple says, it’s ne’er the twain shall meet.
Leah Nash for The New York Times
In Portland, Ore., a shopper, Baker Poulshock, at Powell’s City of Books, known for its large selection.
Mark Lennihan/Associated Press
In Hackensack, N.J., Kate Natoli and Ryan, 2, with the Nook e-book reader at Barnes & Noble.
“She talks about the smell of the paper and the feeling of holding it in your hands,” said Mr. de Halleux, 32, who says he thinks the substance is the same regardless of medium. He added, sounding mildly piqued, “She uses the word ‘real.’ ”
By the end of this year, 10.3 million people are expected to own e-readers in the United States, buying about 100 million e-books, the market research company Forrester predicts. This is up from 3.7 million e-readers and 30 million e-books sold last year.
The trend is wreaking havoc inside the publishing industry, but inside homes, the plot takes a personal twist as couples find themselves torn over the “right way” to read. At bedtime, a couple might sit side-by-side, one turning pages by lamplight and the other reading Caecilia font in E Ink on a Kindle or backlighted by the illuminated LCD screen of an iPad, each quietly judgmental.
Although there are no statistics on how widespread the battles are, the publishing industry is paying close attention, trying to figure out how to market books to households that read in different ways.
A few publishers and bookstores are testing the bundling of print books with e-books at a discount. Barnes & Noble started offering bundles in June at about 50 stores and plans to expand the program in the fall, said Mary Ellen Keating, a Barnes & Noble spokeswoman.
Thomas Nelson, a publisher of religious books, offers free e-books with a print book for some titles. It is particularly good for readers who want to share books with family or friends who read in different formats, said Tod Shuttleworth, senior vice president and group publisher at Thomas Nelson. The bundles have sold well, and Thomas Nelson is considering adding more for the holiday shopping season.
Meanwhile, Amazon.com is doing its best to convince print lovers that “reading on Kindle is nothing like reading on a computer screen.” Its Web site promises a display on which “text ‘pops’ from the page, creating a reading experience most similar to reading on printed paper” because it produces neither glare in a well-lighted spot nor a glow in the dark.
Sony, which introduced a new line of e-readers Wednesday, said they were smaller and lighter than before, with clearer text and touch screens, all to make them feel more like printed books. “Consistently the No. 1 thing we heard was it needs to feel like a book, so you just forget that you have a device in your hand,” said Steve Haber, president of Sony’s digital reading division.
This straddle-the-line marketing underscores a deeper tension: the desire to keep the print business alive so as not to alienate a core market, while establishing a base for a future that publishers see as increasingly digital, said James L. McQuivey, an e-reader industry analyst with Forrester.
“There is much more emotional attachment to the paper book than there is to the CD or the DVD,” said Mike Shatzkin, founder and chief executive of the Idea Logical Company, which advises book publishers on digital change. “It is not logical — it’s visceral.”
A print book bundled with an e-book would have been useful for Liz Aybar, 35, and Betsy Conti, 31, a Denver couple who like reading together so much that when they read “The Girl With the Dragon Tattoo” in paperback, Ms. Conti ripped out sections of the book as she finished them so Ms. Aybar could read them.
But since Ms. Conti, a director of technology, bought an iPad, she has gone to the other side. They are both reading Ken Robinson’s “The Element,” but bought two separate copies — a print book for $15 and a $13 Kindle version for the iPad.
“I feel more connected to a book than I do through the iPad,” said Ms. Aybar, who works at an education nonprofit group.
Alexandra Ringe, an editor, and her husband, Jim Hanas, a fiction writer, both 41, fell in love over books, with one of their early dates at a used-book festival in Manhattan. They married in a SoHo bookstore and live in an apartment in the Park Slope neighborhood with floor-to-ceiling bookshelves.
She collects vintage yearbooks and self-help books. But he likes to read on his iPhone.
“For me, real reading is for e-books, and books have become this kind of collectors’ object,” said Mr. Hanas, who has published short stories in literary journals like McSweeney’s and is publishing his next book, “Why They Cried,” only in digital format. “It’s kind of amazing to see people still going through the stages of acceptance that books are going away, saying they like the way books feel and smell. I was there, but I’m past that now.”
For Erin and Daniel Muskat, a couple in Brooklyn, the ink-stained quarrel has disrupted the togetherness of their reading habits.
Ms. Muskat, 29, bought an iPad for her husband, 33, who works at his family’s shoe business, before their honeymoon in June, but quickly discovered that his electronic reading impinged on her old-fashioned reading.
“I brought a book with me and I barely read it,” said Ms. Muskat, a media consultant. “We used to go to the beach and we’d both take out books, but he had an iPad, and it was almost distracting because it didn’t feel like he was reading with me.”
For Mr. de Halleux, a video game executive, the battle over reading tastes has skipped to a new generation. He and his wife both read to their 3-year-old son, Tristan. He reads Winnie the Pooh to the child on a screen. She reads it in old-fashioned paperback form.
Mr. de Halleux said he was confident the boy would eventually favor the digitized version. “He really likes it because you can zoom in on things,” he said.
And he said the discussion in his household had brought in his parents, too. His own father favors paperbacks, arguing they can be more easily shared, while his mother goes for the e-reader, which she says is easier on faltering eyesight as people get older.
“The argument is more heated by the day,” Mr. de Halleux said. “It’s a topic of intense scrutiny at the moment.”

Your Own Hot Spot, and Cheap

Someday, they’ll build wireless Internet into every building, just the way they build in running water, heat and electricity today. Someday, we won’t have to drive around town looking for a coffee shop when we need to check our e-mail.
Stuart Goldenberg

Pogue's Posts

The latest in technology from the Times’s David Pogue, with a new look.
The Virgin Mobile Novatel MiFi gets its Internet signal from a 3G cellphone network and converts it into a Wi-Fi signal that up to five people can share.

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If you want ubiquitous Internet today, though, you have several choices. They’re all compromised and all expensive.
You could get online using only a smartphone, but you’ll pay at least $80 a month and you’ll have to view the Internet through a shrunken keyhole of a screen. You could equip your laptop with one of those cellular air cards or U.S.B. sticks, which cost $60 a month, but you’d be limited to 5 gigabytes of data transfer a month (and how are you supposed to gauge that?). You could use tethering, in which your laptop uses your cellphone as a glorified Internet antenna — but that adds $20 or $30 to your phone bill, has a fixed data limit and eats through your phone’s battery charge in an hour.
Last year, you could hear minds blowing coast to coast when Novatel introduced a new option: the MiFi. It creates a personal Wi-Fi bubble, a portable, powerful, password-protected wireless hot spot that, because it’s the size of a porky credit card, can go with you everywhere. The MiFi gets its Internet signal from a 3G cellphone network and converts it into a Wi-Fi signal that up to five people can share.
You can just leave the thing in your pocket, your laptop bag or your purse to pump out a fresh Internet signal to everyone within 30 feet, for four hours on a charge of the removable battery. You’re instantly online whenever you fire up your laptop, netbook, Wi-Fi camera, game gadget, iPhone or iPod Touch.
The MiFi released by Virgin Mobile this week ($150) is almost exactly the same thing as the one offered by Verizon and, until recently, Sprint — but there’s a twist that makes it revolutionary all over again.
The Virgin MiFi, like its rivals, is still an amazing gizmo to have on long car rides for the family, on woodsy corporate offsite meetings, at disaster sites, at trade show booths or anywhere you can’t get Wi-Fi. If you live alone, the MiFi could even be your regular home Internet service, too — one that you can take with you when you head out the door. And it’s still insanely useful when you’re stuck on a plane on a runway.
But three things about the Virgin MiFi are very, very different. First, Virgin’s plan is unlimited. You don’t have to sweat through the month, hoping you don’t exceed the standard 5-gigabyte data limit, as you do with the cellular-modem products from Verizon, Sprint, AT&T and T-Mobile. (If you exceed 5 gigabytes, you pay steep per-megabyte overage charges, or in T-Mobile’s case, you get your Internet speed slowed down for the rest of the month.)
If you hadn’t noticed, unlimited-data plans are fast disappearing — but here’s Virgin, offering up an unlimited Internet plan as if it never got the memo.
Second, Virgin requires no contract. You can sign up for service only when you need it. In other words, it’s totally O.K. with Virgin if you leave the thing in your drawer all year, and activate it only for, say, the two summer months when you’ll be away. That’s a huge, huge deal in this era when every flavor of Internet service, portable or not, requires a two-year commitment.
Third, the service price for this no-commitment, unlimited, portable hot spot is — are you sitting down? — $40 a month.
That’s no typo. It’s $40 a month. Compare that with the cheapest cellular modems from AT&T, Verizon, and Sprint: $60 a month. T-Mobile also charges $40 a month for its cellular modems. But all four of those big companies require a two-year contract, and come with those scary 5-gigabyte monthly data limits.
(There’s actually another Virgin plan available, too: you can pay $10 for a 100-megabyte chunk of Internet use that expires in 10 days. It’s intended for people who are heading out for the weekend and just want to keep in touch with e-mail without having to fork over a whole month’s worth of money — and without paying $15 or $25 for each night of overpriced hotel Wi-Fi. And speaking of options, Virgin also offers a standard U.S.B. plug-in cellular modem with exactly the same pricing details.)
I’ve pounded my head against the fine print, grilled the product managers and researched the heck out of this, and I simply cannot find the catch.
Is it the speed? No. You’re getting exactly the same 3G speed you’d get on rival cellular modems and MiFi’s. That is, about as fast as a DSL modem. A cell modem doesn’t give you cable-modem speed, but you’ll have no problem watching online videos and, where you have a decent Sprint signal, even doing video chats.
Is it the coverage? Not really; Virgin uses Sprint’s 3G cellular Internet network, which is excellent. You’re getting exactly the same battery life and convenience of Verizon’s MiFi — for two-thirds the monthly price.

Pogue's Posts

The latest in technology from the Times’s David Pogue, with a new look.
(Why would Sprint allow Virgin to use its data network but undercut its own pricing in such a brazen way? Because Sprint is focused on promoting its 4G phones and portable hot spots — even faster Internet, available so far only in a few cities. For example, its Overdrive portable hot spot is $100 after rebate, with a two-year commitment. The service is $60 a month for 5 gigabytes of 3G data and unlimited 4G data.)
That’s not to say that there’s no fine print whatsoever.
First, the Virgin plan doesn’t include roaming off Sprint’s network; the old Sprint MiFi plans did. According to Virgin, that’s not a big deal — the regular Sprint network covers 262 million people, whereas roaming would cover 12 million more — but it means that you might be out of luck in smaller towns.
Second, the Virgin MiFi can’t plug directly into your computer’s U.S.B. port to act as a wired cellular modem, like other carriers’ MiFi units. You can connect to it only wirelessly, if you care. (You can still charge it from your computer’s U.S.B. jack, but very slowly. A wall outlet or car adapter is a much better bet.)
Finally, remember that the Virgin MiFi is still a MiFi, so it’s a bit uncommunicative. It has only a single, illuminated button that serves as the on-off switch and an indicator light that blinks cryptically in different colors. You have to press that button and wait about 20 seconds before you can get online.
But come on: $40 a month? With no commitment or contract?
I did a little survey of broadband Internet prices among my Twitter followers. Turns out $40 a month is not only a great price for cellular (portable) Internet service — it’s among the lowest broadband prices in America, period. In some areas you can pay $35 a month for DSL service. But most people pay $50 to $60 for high-speed Internet, which makes the Virgin deal seem even more incredible.
And unlike those plans, Virgin lets you turn on service only when you want it. You can buy service — as with a prepaid phone —either by calling an 800 number or visiting a Web site. Handily enough, you can get onto the Virgin Web site to re-activate your MiFi, even if you’d previously stopped paying for service.
The MiFi’s portability has always made it an exceptionally flexible and useful little gadget — and Virgin’s prepaid model, unlimited data plan and dirt-cheap pricing just multiply that flexibility. And if Virgin can make money with a plan like this, the mind boggles at just how overpriced the similar offerings from its rivals must really be.

From Apple, a Step Into Social Media for Music

SAN FRANCISCO — Apple jumped into the social networking business on Wednesday, introducing Ping, a service built into iTunes that is intended to help users discover new music and, presumably, buy more songs from Apple.
Justin Sullivan/Getty Images
Steven P. Jobs announced a new line of iPods, as well as Ping, a social media service based on music.
David Paul Morris/Bloomberg News
Steven Jobs introduced the new touch-screen iPod Nano, which will be smaller and cost $149 for an 8-gigabyte version.
Steven P. Jobs, Apple’s chief executive, showcased Ping at an event here along with a string of other new products. They included updates to Apple’s iPod line of music players and new software that allows wireless printing from iPads and iPhones.
Mr. Jobs also introduced a much-anticipated upgrade of its Apple TV set-top box that is smaller and, at $99, significantly cheaper than its predecessor, which did not sell well. It allows users to rent television shows from Fox and ABC for 99 cents, and like many other devices, it can also stream movies from Netflix.
Mr. Jobs said the changes to the iPod lineup, which include new versions of the Shuffle, Nano and Touch models, were the most significant since Apple introduced its first music player in 2001.
“This year we’ve gone wild,” Mr. Jobs said. Sales of iPods have declined this year, but revenue from them has continued to grow as more buyers choose the higher-priced Touch model.
An unexpected announcement from Mr. Jobs was the introduction of Ping. With it, users will be able to follow friends and see what music they have bought or enjoyed, what concerts they plan to attend and what music they have reviewed. They will also be able to follow bands and get updates on their new releases, concert tours and other events.
Many other online music services like Pandora and Zune Social from Microsoft already have features that allow friends to share information about music.
While other social networks have struggled in the shadow of Facebook, some analysts said that Apple had a chance to turn Ping into a success. The service will be instantly available to 160 million iTunes users, as long as they download the latest version of the software, which Apple released on Wednesday.
“Apple wants to create even tighter links with iTunes users and keep them a click away from buying a song,” said Mike McGuire, a vice president with Gartner. “Ping will give people more reasons to spend frequently and rapidly.”
While Ping may put Apple in competition with Facebook, its impact on the struggling MySpace may be more pronounced, analysts said. MySpace has emphasized music over the last few years.
“This isn’t about reconnecting with your girlfriend from eighth grade,” said Michael Gartenberg, an analyst with the Altimeter Group. “This is about talking to people about music.”
A spokeswoman for MySpace declined to comment.
Mr. Jobs said Ping would have simple privacy controls. Anyone will be able to follow bands and receive their updates, and users will be able to say whether they want to be followed by anyone or only by people they approve.
The new iPod Touch is thinner than the previous model and comes equipped with front- and rear-facing cameras, as well as Apple’s FaceTime video chatting software. It also has the same high-resolution retina display that Apple first showcased on the iPhone 4 earlier this year.
The Touch comes in three versions; the cheapest has 8 gigabytes of storage and costs $229.
Apple shrank the iPod Nano by replacing its wheel interface with a touch screen. It costs $149 for an 8-gigabyte version and $179 for 16 gigabytes.
In introducing the new version of Apple TV, Mr. Jobs acknowledged that the set-top box had not been as successful as he had hoped. The new version replaces the download-to-own model with a rental service that has shows from Fox and ABC for 99 cents. Mr. Jobs said the other networks had yet to agree to Apple’s pricing.
“We think the rest of the studios will see the light and get on board with us,” he said.
But that is far from guaranteed. All television studios are wary of distributing their shows in new ways on the Internet for fear of harming their existing businesses, which rely on cable and satellite subscriptions.
Fox and ABC agreed to Apple’s pricing model only after lengthy negotiations and heated internal discussions, especially at Fox’s parent, the News Corporation.
ABC’s participation is not surprising, given that Mr. Jobs is the largest shareholder and a board member of its parent, the Walt Disney Company.
For its part, Fox suggested that its agreement with Apple was something of an experiment. In a statement, Jim Gianopulos, the chairman and chief executive of Fox Filmed Entertainment, said the studio was excited to work with Apple over the next several months to “explore this innovative offering.”
Other networks, like CBS and NBC, are pointedly not participating in the rentals program. “Episodic television is not a pay-per-view business,” said Keith J. Cocozza, a spokesman for Time Warner, which owns HBO, TNT and other channels. Companies like Time Warner are instead supporting the existing subscription TV model, which is being gradually extended to the Web.
Analysts said that the new Apple TV was likely to be more of a hit than its $299 predecessor, in part because of its low price, but also because of software that allows users to stream content from their iPhones and iPads to their TVs through the set-top box. But they said Apple’s challenges in securing more content underscored the continuing difficulties that technology companies faced in cracking the TV market.
“Apple has not yet made a significant play for control of the TV,” James L. McQuivey, an analyst with Forrester, wrote on his blog.
Brian Stelter contributed reporting from New York.