March 20, 2009 ("And heeeeeere's Barack.")

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY MARCH 20, 2009

Next week's agenda includes: 1) The Wireless Future of Health IT, 2) more NTIA/RUS broadband grant public meetings, and 3) Congressional oversight of the DTV transition.

THE TRANSITION
Senate Confirms Key Science Positions
Senate Commerce Committee backs Locke as commerce secretary

GOVERNMENT & COMMUNICATIONS
   Open Government Advocates Pleased with Obama FOIA Reforms
   President Obama appears on The Tonight Show to Talk About Economy
   As Author, Obama Earns Big Money and a New Deal
   Newspaper cuts open door to more political trickery
   Government 2.0 Meets Catch 22
   Artist Defies Web Censors in a Rebuke of China

THE STIMULUS
   Washington Hearings Drives Home Complexities in Awarding Broadband Stimulus Money
   Let's get to Work on Criteria for NTIA Grant Awards
   Building A Broadband Bridge that Holds Weight
   Rural Carriers Want First Crack at Rural Customers
   USTelecom to NTIA/RUS: Let us in on Broadband Grants
   Companies want no set Internet speeds in stimulus
   Urging Broadband Stimulus Spending For the Benefit of All
   Panelists at Las Vegas Broadband Forum Seek Local 'Skin in the Game'

THE ECONOMY
Economy May Test Census
Cellphone users cut back on contracts during recession; cellphone sales plummet

THE AGENDA
FCC Announces Tentative Agenda for April 8, 2009 Open Meeting
House Oversight of the Digital Television Transition

JOURNALISM
TV stations may consider farming out sportscasts
More Cuts Hit Communications Policy Beat

QUICKLY -- Tech Groups Prepare Lobbying Blitz; TPRC Call for Paper; New Jersey Sues Verizon Over FiOS Marketing; Comcast Easily Top Op In Top 40 Markets: Kagan; Analysts: Telco video to outpace cable telephony in 2009; Action Urged On Alleged DTV Price Gouging; Australia's largest ISP accused of not sharing lines

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THE TRANSITION

SENATE CONFIRMS KEY SCIENCE POSITIONS
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
The Senate on Thursday confirmed: 1) John Holdren, a Harvard physicist, as President Barack Obama's science adviser and director of the White House Office of Science and Technology Policy and 2) Oregon State University marine biologist Jane Lubchenco to be head of the National Oceanic and Atmospheric Administration.
http://benton.org/node/23513
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SENATE COMMERCE COMMITTEE BACKS LOCKE AS COMMERCE SECRETARY
[SOURCE: Reuters, AUTHOR: Doug Palmer]
The Senate Commerce Committee voted unanimously on Thursday to support the nomination of former Washington state Governor Gary Locke to be US commerce secretary. "I urge quick action by the full Senate," Committee Chairman Jay Rockefeller said in a statement after the vote. Locke said at his confirmation hearing on Wednesday he would place a big emphasis on creating jobs and enforcing U.S. laws against unfair foreign trade practices.
http://benton.org/node/23503
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GOVERNMENT & COMMUNICATIONS

OPEN GOVERNMENT ADVOCATES PLEASED WITH OBAMA FOIA REFORMS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Justice Department has followed through on its pledge to reform the government's approach to Freedom of Information Act (FOIA) Requests, which are a tool used by journalists and the general public to get access to government information. The new guidelines, issued in memos to agency and department heads, expand on the openness principles expounded by President Barack Obama in a presidential memorandum on FOIA issued on his first day. They supercede guidelines issued under former Attorney General John Ashcroft shortly after 9/11. Among the key points in the new guidelines are: Attorney General Eric Holder has instructed agencies not to withhold records just because it is technically defensible, but to make "discretionary disclosures" and partial releases." [more at the URL below]
http://benton.org/node/23495
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FOR OBAMA, TALK ABOUT ECONOMY GOES INTO LATE NIGHT
[SOURCE: New York Times, AUTHOR: Helene Cooper]
When late-night television features a sitting president, it's usually as material for a stand-up routine. But on Thursday, President Barack Obama toppled another barrier when he tried to sell Jay Leno on his economic recovery plan. White House officials said beforehand that President Obama would not spend his whole time joking with Mr. Leno, particularly given the nation's economic woes. It can be tough to be dignified though, when introduced by a stand-up comedian. For President Obama, the appearance on "The Tonight Show" is something of a gamble. The president himself acknowledged earlier Thursday at a town-hall-style meeting in Los Angeles that he was getting some flack from critics who said he should be spending his time fixing the economy and not going on late-night television. In his appearance with Mr. Leno, Mr. Obama walked a tightrope between projecting good humor and projecting a presidential air.
http://benton.org/node/23516
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AS AUTHOR, OBAMA EARNS BIG MONEY AND A NEW DEAL
[SOURCE: New York Times, AUTHOR: Jeff Zeleny]
A disclosure form filed Tuesday showed that President Barack Obama signed a new $500,000 book agreement five days before taking office in January. Aides said President Obama would receive $250,000 of that for an adaptation of his autobiography, "Dreams From My Father," for young readers. The other $250,000 will go to the publisher in the deal. The publishing agreement was not announced by the White House but was noted in a routine financial disclosure form in the Senate Office of Public Records. [more at the URL below]
http://benton.org/node/23515
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NEWSPAPER CUTS OPEN DOOR TO MORE POLITICAL TRICKERY
[SOURCE: Los Angeles Times, AUTHOR: James Rainey]
Political consultants aren't exactly rubbing their hands together and snickering. But as the hired guns look over a landscape of closing newspapers and laid-off investigative reporters, they sense an opening that leaves them both excited and queasy. One operative told me this week about planting attacks on opponents in partisan blogs, knowing the stories could bleed into mainstream news outlets, without leaving any incriminating fingerprints. Another described how he got green reporters to write stories (no campaign cash wasted!) on ads that the candidate had no intention of ever paying to put on TV. "They don't know any better," the consultant chuckled. "So we can get away with that one again." The political pros I interviewed talked about stories missed and questions not asked. But they were not entirely gleeful. These are consultants who care about more than just winning. (Hard to believe, but it's true.) They know better than anyone what happens when the gatekeepers go missing.
http://benton.org/node/23514
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GOVERNMENT 2.0 MEETS CATCH 22
[SOURCE: New York Times, AUTHOR: Saul Hansell]
Organizations of all sorts have been trying to figure out how they can adapt social networks, blogs, wiki's and other Web tools to their traditional operating methods in order to connect to customers and partners. But for government agencies, both law and traditional procedure act as hurdles to using Web 2.0 tools.
http://benton.org/node/23511
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ARTIST DEFIES WEB CENSORS IN A REBUKE TO CHINA
[SOURCE: New York Times, AUTHOR: David Barboza]
One of China's most prominent and provocative artists is challenging the government to end what he calls its cover-up of incompetence in managing the response to an earthquake last May in Sichuan Province that killed more than 80,000 people. The artist, Ai Weiwei, 51, who helped design the Olympic National Stadium known as the Bird's Nest, is creating a sensation in China by posting angry commentaries about the quake rescue efforts on his popular blog.
http://benton.org/node/23510
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THE STIMULUS

WASHINGTON HEARINGS DRIVES HOME COMPLEXITIES IN AWARDING BROADBAND STIMULUS MONEY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Commerce Department's National Telecommunications & Information Administration and the Department of Agriculture's Rural Utilities Service are holding a series of hearings to gain public input on how best to get over $7 billion in stimulus dollars flowing to increase the reach and use of broadband. The agencies have to come up with the guidelines for who qualifies to apply for the money, how they must apply, who can review the grants, then who gets the grants. They must also come up with a definition of broadband and of what qualifies as the unserved and underserved areas that the money must go to. Each stakeholder seems to take a different view. [much more at the URL below]
http://benton.org/node/23502
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LET'S GET TO WORK ON CRITERIA FOR NTIA GRANT AWARDS
[SOURCE: Benton Foundation, AUTHOR: Charles Benton]
The National Telecommunications and Information Administration is expecting thousands of applications for grants to support spreading the reach and use of broadband networks. What criteria should they use to choose the winners? The NTIA should not steer far from the historic, overarching purpose of US telecommunications law (and reinforced by the goals of this section of the Recovery Act) -- to make available to all people of the United States a rapid, efficient, Nation-wide and world-wide wire and radio communications service with adequate facilities at reasonable charges. The NTIA should also keep in mind the overall purposes of the Recovery Act. Therefore, application criteria should include: the number of US jobs the project will create or preserve, the positive effect on the people most impacted by the recession, projected technological advances in science and health, the long-term economic benefits of the project, and relief for the project's state budget. The Recovery Act outlines 5 broad purposes, but gives no indicator of rank, and it is dangerous for the NTIA to elevate "unserved" and "underserved" especially if in a narrow sense. The NTIA cannot forget the other three BTOP purposes.
http://www.benton.org/node/23483
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BUILDING A BROADBAND BRIDGE THAT HOLDS WEIGHT
[SOURCE: In These Times, AUTHOR: Megan Tady]
Implementation of the economic stimulus law is an historic opportunity to upgrade our infrastructureno small task. And the three federal agencies tasked with the job—the Federal Communications Commission (FCC), the National Telecommunications Information Administration (NTIA) and the Department of Agriculture's Rural Utilities Service (RUS) are asking for public input through a series of public meetings. With the clock ticking and corporate hands outstretched, it is imperative these agencies act quickly. But urgency without accountability will result in waste, fraud and abuse, and we can't afford any missteps. The public interest should guide these agencies as they work to put the angels in the details, by: 1) Protecting the open Internet, 2) Promoting speed, 3) Providing clarity by adopting definitions of "unserved" and "underserved" areas that are based on U.S. Census Bureau geographic boundaries (either census blocks, block groups or tracts) and are informed by newly collected FCC broadband data, 4) Preventing waste, 5) Gathering accurate information on where broadband service is available, and 6) Ensuring transparency.
http://benton.org/node/23500
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RURAL CARRIERS WANT FIRST CRACK AT RURAL CUSTOMERS
[SOURCE: BroadbandCensus.com, AUTHOR: Andrew Feinberg]
The National Telecommunications Cooperative Association is fine with stimulus dollars targeting rural areas first. But the bigger question to them is: Who will do the targeting? While speaking at a Thursday roundtable on broadband stimulus funding, NTCA vice president Dan Mitchell highlighted NTCA members' records on bringing broadband service to rural customers - 91 percent according to a 2008 survey, and said the money should be sent their way to let them continue their work. Mitchell urged the technology built should be "future-proofed:" As the capability of broadband technology and Internet protocol applications develop, the definition must evolve to meet consumer, education, business, and public health/safety demands so it can keep pace with a definition that includes "generally available" services comparable to urban areas, Mitchell said.
http://benton.org/node/23512
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USTELECOM TO NTIA/RUS: LET US IN ON BROADBAND GRANTS
[SOURCE: USTelecom, AUTHOR: Walter McCormick]
USTelecom sent a letter on March 16, 2009, to the NTIA and the RUS on the ARRA of 2009 broadband funding. It said an essential decision that NTIA must make is identifying the scope of entities that will be allowed to qualify for grants. USTelecom urged the two agencies to inform private companies as soon as possible that they will be eligible, so entities can develop sound applications for broadband projects.
http://benton.org/node/23499
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COMPANIES WANT NO SET INTERNET SPEEDS IN STIMULUS
[SOURCE: Reuters, AUTHOR: Kim Dixon]
Telecom companies vying for $7.2 billion in broadband funds included in the economic stimulus plan urged regulators not to mandate a super-fast Internet speed as a criterion for winning the money. Critics of this approach, though, say no government standards led to the United States lagging its industrialized peers in average broadband speed, viewed as a key driver of economic development. Comptel and the Wireless Communications Association say setting speeds too high will result in the cost of providing service eating into profits. Federal Communications Commission defines broadband speed at about 768 kilobits per second, slow by most standards, most experts agree. Conventional dial-up is about 56 kilobits per second, but cable companies offer high-speed Internet at typically a minimum of 1 megabit per second, and in most cases, more than that.
http://benton.org/node/23498
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URGING BROADBAND STIMULUS SPENDING FOR THE BENEFIT OF ALL
[SOURCE: BroadbandCensus.com, AUTHOR: Jesse Masai]
Arizonans and native Americans at a public forum in Flagstaff, Ariz., urged a broadband buildout that puts connectivity of disadvantaged groups at the heart of the federal stimulus spending. The discussion was the first of three panels on Wednesday's field hearing of the Commerce Department's National Telecommunications and Information Administration and the Agriculture Department's Rural Utilities Service. On Thursday, the fourth of six days of NTIA/RUS public hearings on how to spend $7.2 billion in the federal broadband stimulus, heads back to Washington. The forums will continue in Washington on Monday and Tuesday. As with Tuesday's field hearing in Las Vegas, the digital divide between America's wealthy bicoastal techorati was contrasted with the wide open, and often offline, regions of the American west.
http://benton.org/node/23497
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PANELISTS AT LAS VEGAS BROADBAND FORUM SEEK LOCAL 'SKIN IN THE GAME'
[SOURCE: BroadbandCensus.com, AUTHOR: Ken Austin]
Mark Seifert, senior advisor to the Assistant Secretary of Commerce, pled with panelists in Las Vegas as he urged them to provide constructive selection criteria for the agency's evaluation of broadband grant applicants. "You tell us how we should judge all these applications," he said, nothing that was "one of the most important panels we'll have [and] the most difficult because we have so many different things that we have to try and figure and achieve." For example, he asked: "How would you in a competitive way rank proposals one over the other to decide how we should spend the money?" Two of the speakers were very concerned that large business interests might simply come to town, install some equipment, collect their pay, and move-on. Those observations caused the panel to reiterate what had been said about "local presence" in markets benefiting from grants. Seifert followed up by commenting that the 20% matching contribution is intended to ensure that awardees have some "skin in the game."
http://benton.org/node/23496
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THE ECONOMY

ECONOMY MAY TEST CENSUS
[SOURCE: Washington Post, AUTHOR: Steve Vogel]
The faltering US economy is causing concern about the ability of the 2010 census to get a full and accurate count of the U.S. population, according to Census Bureau officials and experts. The increase in home foreclosures and the rising jobless rate mean more Americans are moving out of their homes and into shelters or other locations where they may be harder for census workers to find.
http://benton.org/node/23509
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CELLPHONE USERS CUT BACK ON CONTRACTS DURING RECESSION
[SOURCE: USAToday, AUTHOR: Leslie Cauley]
The New Millennium Research Council estimates that more than 60 million consumers are poised to dump their cellphone contracts and pare back on "extras," such as texting and mobile Web access and two out of five Americans with cellphone contracts, or 39%, are likely to cut back on wireless service if the recession deepens over the next six months. About 19 million consumers — representing one in five cellphone users who have extra features — have actually cut back or have considered doing so in the past six months. Adding to the industry's woes: Sony Ericsson, the No 4 handset maker, said it would sell barely half of the phones it sold last quarter. And smaller rival Palm Inc reported a widening loss for the December-February quarter and said revenue sank 70 percent from a year ago.
http://benton.org/node/23508
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THE AGENDA

FCC ANNOUNCES TENTATIVE AGENDA FOR APRIL 8, 2009 OPEN MEETING
[SOURCE: Federal Communications Commission]
Here's what the Federal Communications Commission plans to consider on April 8th: 1) A Notice of Inquiry on developing a National Broadband Plan, as instructed by the American Recovery and Reinvestment Act of 2009. 2) A Report and Order, and 4th Further Notice of Proposed Rulemaking on Improving Data Collection on Minority and Female Broadcast Ownership. 3) A supplemental Notice of Inquiry on the FCC's Annual Assessment of the Status of Competition in the Market for Delivery of Video Programming. 4) A Notice of Proposed Rulemaking on Policies to Promote Rural Radio Service. 5) A Report and Order and Further Notice of Proposed Rulemaking addressing miscellaneous Part 90 public safety rules, including the 4.9 GHz band. Advanced ticket purchases are not available for this event.
http://benton.org/node/23494
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OVERSIGHT OF THE DIGITAL TELEVISION TRANSITION
[SOURCE: House of Representatives Commerce Committee]
The House Subcommittee on Communications, Technology, and the Internet will hold a digital television oversight hearing on Thursday, March 26, 2009.
http://benton.org/node/23492
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JOURNALISM

TV STATIONS MAY CONSIDER FARMING OUT SPORTSCASTS
[SOURCE: Chicago Tribune, AUTHOR: Phil Rosenthal]
Is nothing sacred? Now media consolidation wants our sports news, too? The games are the same, as are the scores. Highlights and interview sound bites vary only slightly. What differentiates the sportscast on one local newscast from another—occasionally memorable enterprise features and reporting notwithstanding—is mostly the writing, the reading and the rapport of those who bring it to us. So what would happen if one station's news operation farmed out its sports segment? What if a deal was struck with, say, Comcast SportsNet to produce and deliver that part of the newscast? If such an arrangement could get past the unions, would that be an effective way to reduce costs? Or would the loss of identity, control and other potential pitfalls make it a mistake, no matter how shrewd it might initially seem? It's not as though a Chicago station is poised to make that move yet. But at least one media outfit's brainstorming sessions have yielded such a scenario. And no one in this or any other market—in broadcast or print—can afford to shrug it off.
http://benton.org/node/23506
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MORE CUTS HIT COMMUNICATIONS POLICY BEAT
[SOURCE: CongressDaily, AUTHOR: Winter Casey]
Crain Communications has given pink slips to at least three top journalists in its Washington office. The privately-owned business publisher shut down RCR Wireless News, a publication that covers the wireless industry, last week. This week, Crain Communications told its staff that they were cutting Washington reporters for three publications including Advertising Age, which focused on advertising, marketing and media and Television Week, which billed itself as the community newspaper of the television industry. Ira Teinowitz, who was bureau chief for Advertising Age and also covered Washington for Television Week, is leaving the company.
http://benton.org/node/23488
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QUICKLY

TECH GROUPS PREPARE LOBBYING BLITZ
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
Members of Congress and the Obama administration can anticipate a high-tech lobbying blitz as the boards of both the Information Technology Industry Council and TechNet converge in Washington next week. ITI represents heavyweights like Apple Computer, Cisco Systems, IBM, Hewlett-Packard, and Dell while TechNet's leadership consists of investors in, and CEOs of, top Silicon Valley firms. This is the first time the organizations have united in such a purposeful way, ITI lobbyist Ralph Hellman said. Areas of focus include making sure technology-related economic stimulus dollars are spent wisely, patent legislation and trade issues. They will also urge lawmakers to reject attempts to enact changes to tax law that would be harmful to the high-tech community. Obama has proposed such a provision, known as deferral, which tech leaders believe gives companies an incentive to move jobs overseas.
http://benton.org/node/23507
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TPRC CALL FOR PAPERS
[SOURCE: TPRC, AUTHOR: Press release]
TPRC is now soliciting abstracts of papers, panel proposals, student papers and posters for presentation at the 2009 conference. Proposals should be based on current theoretical or empirical research relevant to communication and information policy, and may be from any disciplinary perspective. TPRC seeks submissions of disciplinary, comparative, multidisciplinary or interdisciplinary excellence. Submissions are due by March 31, 2009. [more at the URL below]
http://benton.org/node/23485
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NEW JERSEY SUES VERIZON OVER FIOS MARKETING
[SOURCE: Multichannel News, AUTHOR: Todd Spangler]
New Jersey's Attorney General has sued Verizon Communications, alleging the telco engaged in "deceptive and misleading" marketing, sales, billing and customer service practices related to its FiOS services. The state, through its Division of Consumer Affairs, charged that Verizon failed to provide advertised promotional gifts -- such as flat-screen HDTVs -- when consumers signed up for FiOS service. New Jersey also alleged that Verizon charged consumers higher prices for service than prices quoted in door-to-door solicitations and ads, and charged activation fees after consumers were told that such would be waived. [more at the URL below]
http://benton.org/node/23491
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COMCAST EASILY TOP OP IN TOP 40 MARKETS
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
According to SNL Kagan, Comcast has 20.1 million customers in the top 40 US markets, almost three times the total of the second-largest cable operator, Time Warner, which counts 7.8 million. Rounding out the top sub count leaders in the top 40 markets: Cablevision (3.1 million), Charter (2.8 million), Bright House (2.2 million), "other" (2.02 million), Cox (2.00 million), Insight (201,000) and Mediacom (176,000).
http://benton.org/node/23490
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ANALYSTS: TELCO VIDEO TO OUTPACE TELEPHONY IN 2009
[SOURCE: TelephonyOnline, AUTHOR: Ed Gubbins]
Telco video growth should outpace cable telephony growth this year for the first time ever, according to research analysis and investment firm Stifel Nicolaus, which predicts AT&T and Verizon will together report more video net adds in 2009 than the number of voice net adds gained collectively by their top four cable rivals.
http://benton.org/node/23489
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ACTION URGED ALLEGED DTV PRICE GOUGING
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
A dubiously named industry group formed last year by high-definition television manufacturers VIZIO and Westinghouse Digital to raise awareness about possible price gouging by ATSC-technology patent holders bolstered its Internet presence on Thursday by launching a Web site. The Coalition United to Terminate Financial Abuses of the Television Transition -- or CUT FATT -- said the site will provide "a simple way for consumers to encourage the FCC to hold DTV patent holders accountable."
http://benton.org/node/23487
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WiMax from Sacred Wind blanketing Navajo lands

WIMAX FROM SACRED WIND BLANKETING NAVAJO LANDS
[SOURCE: TelephonyOnline, AUTHOR: Kevin Fitchard]
In the vast tracts of land making up the Navajo reservation in northwestern New Mexico, there are thousands of homes that redefine the notion of underserved. They're not just without broadband; they're without dial tones. Some 6000 homes are off-grid, and local telecom provider Sacred Wind Communications has given up trying to connect them with copper phone lines. Instead it's looking to WiMax.
http://benton.org/node/23486
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AUSTRALIA'S LARGEST ISP ACCUSED OF NOT SHARING LINES
[SOURCE: ars technica, AUTHOR: Nate Anderson]
Australia's competition regulator filed suit against the country's incumbent telco, Telstra, charging that it wasn't making space in its local exchanges for competitors' gear, as required by law. Telstra says that it's the most important company in Australia, and it doesn't see what all the fuss is about.
http://benton.org/node/23505
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Ah, it really is Friday. That means we're outta here. Have a great weekend.

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