May 2004

Benton's Communications-related Headlines for 5/28/04

For upcoming media policy events, see http://www.benton.org/calendar.htm

TELEVISION/RADIO
FCC Seeks TV's Have-Nots
Safety Officers Want Channels
McCain: Can FCC Order a la Carte Now?
Advertising: Bringing Young Men Back to TV
How Public Is Public Radio?: A Study of NPR's Guestlist
Media and Homeland Security

TELECOM
After 20 Years, Baby Bells Face Some Grown-Up Competition
PUC Gives Protections to Wireless Consumers
U.S. Lawmaker Seeks Hearings on Cellphone Directory
Net Phone Company's Answer to 911

INTERNET
NEC Unit Pays $20.6 Million Fine in Fraud Case
California Senate Votes to Restrict Google's Gmail

TELEVISION/RADIO

FCC SEEKS TV'S HAVE-NOTS
Who are those wacky Americans who don't subscribe to pay-TV services from
cable or satellite operators? Don't they know it is unAmerican to get
something for free when you can be overcharged for it? The FCC is asking
the first and many other questions in order to figure out who is most
likely to be disrupted by the turnoff of analog TV broadcasts when 85% of
households in local markets are receiving digital signals. The FCC is
trying accelerate the day of digital-only broadcasts by counting pay-TV
subscribers who receive a digital signal converted to analog as part of the
85%. Comments are due July 12, and reply comments (further reactions to the
initial comments) Aug. 5. The House Telecommunications Subcommittee is
holding a hearing June 2 on the FCC's plan.
See a link to the FCC's questions below. For additional info, contact the
most helpful Rick Chessen of the FCC's Media Bureau at (202) 418-7200.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA421607?display=Breaking+News
(requires subscription)
MEDIA BUREAU SEEKS COMMENT ON OVER-THE-AIR BROADCAST TELEVISION VIEWERS
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1497A1.doc

SAFETY OFFICERS WANT CHANNELS
The Association of Public-Safety Communications Officials (APCO) wrote a
letter to House Telecommunications Subcommittee Chairman Fred Upton
Thursday in advance of his hearing June 2 on an FCC plan to speed the
digital TV transition. APCO wants Congress to mandate a hard Dec. 31,
2006, give-back date for any TV channels, especially the "block" of public
safety allocations occupied TV channels 63-63, 68, and 69 today. APCO
supports the so-called Ferree plan -- the subject of the House hearing --
which will redefine DTV-capable as those also receiving a DTV signal
converted to analog. That would greatly expand the definition and
effectively move up the date. That plan now targets Jan. 1, 2009, as a
realistic giveback date, though obviously APCO wants the public safety
channels back sooner.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA421532?display=Breaking+News
(requires subscription)

MCCAIN: CAN FCC ORDER A LA CARTE NOW?
On May 19, Senate Commerce Chairman John McCain (R-AZ) wrote FCC Chairman
Michael Powell asking him to determine whether the Commission currently has
the authority to ensure that consumers have a la carte access to cable and
satellite programming. "I am writing to ask you to explore all available
options within your authority to promote a la carte cable and satellite
offerings as soon as possible where such offerings would benefit
consumers," wrote Sen McCain. Noting that Canadian cable companies provide
their consumers with a la carte options, Sen McCain wrote, "I urge the
[FCC] to probe the options available to Canadian consumers and examine why
such options are not available to American consumers." Sen McCain closed
the letter to Powell by bemoaning the fact that cable companies won't even
experiment with a la carte.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA421608?display=Breaking+News
(requires subscription)

ADVERTISING: BRINGING YOUNG MEN BACK TO TV
They're back! Those hard to reach (for advertisers, at least) young men,
suspiciously missing at the beginning of the TV season, are back watching
TV. "The missing young men story doesn't quite exist any more," said Jeff
Zucker, president of the NBC Universal Television Group, part of NBC
Universal. He pointed particularly to Nielsen data showing that in
prime-time viewership of programming on the four biggest broadcast networks
in May, "men 18 to 34 were down the least of all the male demographic
groups," declining 2% compared with men ages 35 to 49, down 3%, and men 50
and older, down 4%. But since viewership of men between 18 and 34 was down
some 12% earlier in the TV season, where did they go? Could these guys have
finally gotten a life? Probably they are playing video games, sharing music
files, going online and watching DVD's. Or they may have just shifted their
viewing time. Several networks, broadcast and cable, have reported that
programs shown during 11pm-1am - and even later - are drawing larger
audiences than in previous years. The TV networks will try to lure these
viewers with more "reality" programming next season.
[SOURCE: New York Times, AUTHOR: Stuart Elliot]
http://www.nytimes.com/2004/05/28/business/media/28adco.html
(requires registration)

HOW PUBLIC IS PUBLIC RADIO?: A STUDY OF NPR'S GUESTLIST
National Public Radio, though founded as an alternative media outlet that
would "speak with many voices," relies on largely the same range of sources
that dominate mainstream commercial news, a new FAIR study has
found. Characterized by conservative critics as "liberal" radio, NPR has
more Republican than Democratic voices, and male sources outnumber female
sources by nearly four to one. Nine of the top 10 most-frequently used
sources on NPR were white male
government officials. (Secretary of State Colin Powell was the one
exception.) The top seven sources were all Republicans. FAIR's study looked
at every on-air source quoted in June 2003 on NPR's four main news shows:
All Things Considered, Morning Edition, Weekend Edition Saturday and
Weekend Edition Sunday. Think tank sources and regular commentators were
analyzed over a four-month period. Results were compared to those from a
1993 FAIR study of NPR sources.
[SOURCE: Fairness and Accuracy in Reporting, AUTHORS: Steve Rendall and
Daniel Butterworth]
http://www.fair.org/extra/0405/npr-study.html

MEDIA AND HOMELAND SECURITY
The Federal Communications Commission and the Department of Homeland
Security (DHS) will co-sponsor a public forum on Wednesday, June 2, to
examine how the relationship between local media and government can be
strengthened to support local market operational readiness to cope with
terrorist attacks, natural disasters or other similar occurrences. The
forum will address means of fostering coordination between local government
and media before an emergency occurs, media awareness of service
vulnerabilities, and plans for restoration of service to community,
including the special needs of disability communities. The event will take
place from 10:45 a.m. - 1:30 p.m., immediately following the meeting of the
Commission's Media Security and Reliability Council (MSRC), at the Federal
Communications Commission, in the Commission Meeting Room at 445 12th
Street, S.W., Washington, D.C.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247692A1.doc

TELECOM

AFTER 20 YEARS, BABY BELLS FACE SOME GROWN-UP COMPETITION
Originally seven in number, the Baby Bells merged into four giants:
Verizon, SBC, BellSouth and Qwest. These companies, once safe, local
monopolies, are starting to feel the heat of competition. At home,
consumers are likely to hear pitches from cable-television companies,
Internet telephone companies, long-distance providers and any other
business that thinks it can grab a piece of the Baby Bells' pie. And the
Bells have even started to compete against themselves, trying to offer
services to the largest commercial clients in other regions. For Verizon,
the competition from wireless and Internet-based services has meant an
overall loss in wireline phone accounts. The company is looking to reduce
costs by automating and cutting jobs -- and offer new services to current
consumers (like DSL and satellite TV).
[SOURCE: Wall Street Journal, AUTHOR: Almar Latour almar.latour( at )wsj.com ]
http://online.wsj.com/article/0,,SB108569367012423348,00.html?mod=todays...
(requires subscription)

PUC GIVES PROTECTIONS TO WIRELESS CONSUMERS
The California Public Utilities Commission on Thursday approved the
nation's first "bill of rights" for cell phone consumers. Among other
things, the rules provide a 30-day trial period allowing customers to test
products and calling plans and to return them without paying penalties. The
rules also require clearly organized billing, specific disclosures, and
writing that is unambiguous and in a minimum 10-point type size. Deceptive,
untrue and misleading marketing is prohibited. The rules adopted were a
compromise that left many people unhappy. Wireless carriers say he rules
are unnecessary and may challenge them at the FCC or in court. Consumer
activists believe the rules don't go far enough. And the Governor.... "The
PUC has an important role to protect consumers by creating a regulatory
structure that produces the highest level of service at the lowest possible
price," Gov Schwarzenegger said. "These regulations fail on all of these
accounts." He predicted that the attempt to protect consumers would have
the "unfortunate consequence of increasing litigation, growing a
bureaucracy, raising rates and costing consumers." The FCC already is
considering preempting some of the rules that may infringe on that agency's
right to regulate rates.
See a Press Release from the CA PUC at
http://www.cpuc.ca.gov/PUBLISHED/NEWS_RELEASE/36910.htm
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-puc28may28,1,242906.s...
See a response from consumer advocates:
CALIFORNIA PUBLIC UTILITIES COMMISSION PASSES FIRST BILL OF RIGHTS FOR CELL
PHONE USERS
[SOURCE: Consumers Union Press Release]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001153.html...
Also:
WIRELESS INDUSTRY TO CHALLENGE COUNTERPRODUCTIVE CPUC RULES
http://www.ctia.org/news_media/press/body.cfm?record_id=1407
SJMerc:
http://www.mercurynews.com/mld/mercurynews/business/technology/8781981.htm
Contra Costa Times:
http://www.contracostatimes.com/mld/cctimes/news/breaking_news/8775917.htm

U.S. LAWMAKER SEEKS HEARINGS ON CELLPHONE DIRECTORY
The Cellular Telecommunications and Internet Association. is assembling a
cellphone directory that would list as many as 75% of the nation's 163
million mobile phone users. Privacy advocates worry that the directory will
make mobile phone users vulnerable to telemarketers and e-mail spam. Rep
Joseph Pitts (R-PA) on Thursday called for congressional hearings into the
matter.
[SOURCE: Los Angeles Times, AUTHOR:Jube Shiver Jr]
http://www.latimes.com/business/printedition/la-fi-pitts28may28,1,222515...

NET PHONE COMPANY'S ANSWER TO 911
The FCC has said it wants to apply only a light regulatory touch to
Internet telephone services (VoIP), but one area of concern is how to
locate people making emergency 911 calls. The nature of Internet phoning
means that people can make or receive calls at the same phone number
regardless of where they are in the world. VoIP Inc., a Fort Lauderdale,
Fla.-based maker of hardware and applications for placing phone calls over
the Internet, said Thursday that it has a U.S. patent pending for
technology to redirect such 911 calls back to copper landlines to be picked
up by traditional emergency systems. CEO Steven Ivester believes VoIP Inc's
"low-tech" approach will provides a quick fix for the emergency-tracking
problem, allowing VoIP carriers to begin offering new services more
quickly, especially since the package of hardware and software has already
been approved by the FCC. In addition to routing 911 and other emergency
calls to landlines, the VoIP Inc. device also promises to provide a
fail-safe mechanism for handling calls during a power failure--an event
that can disable many existing VoIP phones.
[SOURCE: C-Net|News.com, AUTHOR: Matt Hines]
http://news.com.com/Net+phone+company%27s+answer+to+911/2100-7352_3-5221...

INTERNET

NEC UNIT PAYS $20.6 MILLION FINE IN FRAUD CASE
NEC-Business Network Solutions, a subsidiary of Japanese chip and
electronics maker NEC Corp, has agreed to plead guilty and pay $20.6
million criminal fine to settle charges of defrauding the E-Rate program.
The company was charged with collusion and wire fraud by allocating
contracts and rigging bids for E-Rate projects at five school districts in
Michigan, Wisconsin, Arkansas, and South Carolina. As part of NEC's plea
agreement, it will continue cooperating with the government's ongoing
investigation into the E-Rate program.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=DBWUHC2IFBZA0CRBAEZS...
NEC UNIT ADMITS IT DEFRAUDED SCHOOLS
[SOURCE: New York Times, AUTHOR: Matt Richtel & Gary Rivlin]
http://www.nytimes.com/2004/05/28/technology/28net.html
(requires registration)

CALIFORNIA SENATE VOTES TO RESTRICT GOOGLE'S GMAIL
Google's Gmail service, which will be supported by advertising and free for
users when it launches for the public, is currently in beta testing. Google
intended the service to scan e-mail for key words and concepts and use them
to place targeted advertisements in personal messages. But the California
Senate Thursday passed a bill introduced by State Sen. Liz Figueroa
(D-Fremont) that would require Gmail to work only in real-time and would
bar the service from producing records. The bill also would bar Gmail form
collecting personal information from e-mails and giving any information to
third parties. The bill now goes to California's Assembly.
"Google has worked in good faith with Senator Figueroa and her staff to
address her concerns about privacy and online communications," the company
wrote. "We believe we have reached conceptual agreement on most of the key
points, but we have not yet reached agreement on all the details. As is the
norm in the legislative process, work still remains on the specific
language of the bill."
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=4FMXM1FVLEVZ2CRBAEKS...
CALIFORNIA SENATE APPROVES ANTI-GMAIL BILL
[SOURCE: New.com, AUTHOR: Evan Hansen]
http://news.com.com/California+senate+approves+anti-Gmail+bill/2100-1028...
SJMerc:
http://www.mercurynews.com/mld/mercurynews/business/technology/8781969.htm
--------------------------------------------------------------
Ladies and gentlemen, start your engines... but, hey, let's be careful out
there. Have a great, safe holiday weekend and we'll be back Tuesday, June 1.
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/26/04

The FCC's Localism Task Force hearing in Rapid City, South Dakota is today.=
=20
For this and other upcoming media policy events, see=20
http://www.benton.org/calendar.htm

Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.

TELEVISION
Comment Requested on A La Carte and Themed Tier Programming
Group Launches New Dereg Attack
Longley-Rice Stays on FCC Menu

TELECOM
Cingular to Sell Cellular Spectrum
SBC, Union Agree to 5-Year Pact
Static Rises as Telecom Bill Nears (California) PUC Vote

INTERNET
Firms Sue Google for Ad Links to Competitors

TELEVISION

COMMENT REQUESTED ON A LA CARTE AND THEMED TIER PROGRAMMING
The FCC is seeking public comment regarding the provision of a la carte and=
=20
"themed-tier" services on cable television and direct broadcast satellite=20
systems for a report on the ability of multichannel video programming=20
distributors ("MVPDs") to provide such services to customers on a voluntary=
=20
basis. The FCC is asking: 1) Do MVPDs currently have the option to purchase=
=20
channels from programmers on a stand-alone basis, such that they could, if=
=20
they chose, offer programming to consumers on an a la carte or themed-tier=
=20
basis? What are the limitations, if any, on their flexibility to do so?=20
What statutory or regulatory action would be needed to remove any such=20
limitations? 2) What would the impact be on retail rates to consumers if=20
programmers were required to offer their programming to MVPDs exclusively=20
on a stand-alone basis? (plus additional questions concerning rates) 3) How=
=20
have broadcast networks and affiliate groups used the retransmission=20
consent process to expand carriage of affiliated programming? How has this=
=20
affected rates for MVPD offerings for consumers? Do the rules governing=20
retransmission consent and must-carry limit consumers' ability to select=20
their own programming? If so, how? 4) What effect, if any, would the=20
voluntary offering of a la carte or themed-tier service have on the ability=
=20
of independent, niche, religious, and ethnic programming to continue to be=
=20
carried or launched? 5) Questions about how a la carte offering could=20
effect rural providers. 6) Questions concerning set-top boxes and 8) legal=
=20
and regulatory questions. Comments are due July 8 will reply comments due=20
July 23.
For further information contact Ben Golant, Media Bureau at (202) 418-7111.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1454A1.doc
B&C: http://www.broadcastingcable.com/article/CA420969?display=3DBreaking+Ne=
ws
(requires subscription)

GROUP LAUNCHES NEW DEREG ATTACK
With 300 member organizations, Citizens for Sensible Safeguards released a=
=20
report and launching a Web site Tuesday critical of the Bush=20
administration's systematic dismantling of regulatory protections,=20
including those on media ownership and drug advertising. In addition to the=
=20
general rollback of ownership regulations, the groups target what they say=
=20
is a "dramatic drop" in enforcement regulations on drug advertising. "From=
=20
December 2001 to September 2002," the report says "the Food and Drug=20
Administration (FDA) issued just 19 "notices of violation" or "warning"=20
letters (an average of just two per month). In the three previous years,=20
FDA sent 253 of these letters to manufacturers, or almost 85 per year." The=
=20
number of direct-to-consumer ads submitted to the FDA for review in 2002=20
increased by 75%, they say, but FDA enforcement actions dropped by almost=20
half. "The drug industry, which gave $5.7 million to 2000 Bush campaign=20
efforts, faces virtually no deterrent to misleading consumers," the report=
=20
says.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA420683?display=3DBreaking+News
(requires subscription)

LONGLEY-RICE STAYS ON FCC MENU
The FCC uses a mathematical calculation called the =93Individual Location=20
Longley-Rice=94 model to determine a home is getting an acceptable signal=20
over the air from their local ABC, CBS, NBC or Fox affiliate. If the=20
equation figures that a local signal is too weak, a satellite operator may=
=20
sell the household distant network signals. But neither broadcasters or=20
satellite operators like the FCC's equation. Echostar complains that the=20
equation is based on incomplete data. Broadcasters complain that the model=
=20
assumes a household is receiving over-the-air TV via a rooftop antenna,=20
even though few of the people who get their TV over-the-air today use them.=
=20
But the FCC has decided to continue to use the equation anyway.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA421010?display=3DBreaking+News
(requires subscription)
See the FCC order at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-76A1.doc

TELECOM

CINGULAR TO SELL CELLULAR SPECTRUM
Trying to avoid opposition to its planned acquisition of AT&T Wireless,=20
Cingular yesterday announced it will sell to T-Mobile USA $2.5 billion=20
worth of spectrum in 10 California markets, including San Diego, Sacramento=
=20
and San Francisco. The sale would end the two companies' agreement to=20
jointly operate mobile phone networks in California and New York. The=20
overlapping mobile phone networks that Cingular and AT&T have in large=20
parts of California have raised concerns among Justice Department officials=
=20
about the combined companies' market power in the state. The deal with=20
T-Mobile aims to ease those concerns and is contingent on Cingular closing=
=20
its deal with AT&T Wireless. Cingular faces similar concerns about the=20
purchase in Texas and Florida.
Also, the Wall Street Journal is reporting that Cingular is planning to=20
start testing a high-speed wireless Internet, "3G" network later this year,=
=20
though the carrier says it doesn't plan to launch a major commercial=20
offering of the service until 2006. AT&T Wireless is scheduled to offer 3G=
=20
services in four U.S. cities by year end, although at a different radio=20
frequency. If Cingular's pending acquisition of AT&T Wireless is approved=20
by regulators, it means Cingular could offer a service in those four=20
markets by the end of 2004.
[SOURCE: Washington Post, AUTHOR: Christopher Stern]
http://www.washingtonpost.com/wp-dyn/articles/A55682-2004May25.html
(requires registration)
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-cingular26may26,1,975...
story?coll=3Dla-headlines-pe-business
SJMerc:=20
http://www.mercurynews.com/mld/mercurynews/business/technology/8762124.htm
NYT: http://www.nytimes.com/2004/05/26/business/26wire.html
CINGULAR TO TEST WIRELESS NETWORK
[SOURCE: Wall Street Journal, AUTHOR: Jesse Drucker jesse.drucker( at )wsj.com]
http://online.wsj.com/article/0,,SB108552568838821229,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

SBC, UNION AGREE TO 5-YEAR PACT
One-hundred thousand members of the Communications Workers of America=20
returned to work after a four-day strike and the union reached an agreement=
=20
with SBC for a new, 5-year contract. Key to the pact are provisions that=20
allow union workers in, say, SBC's conventional land-line business, which=20
lost 427,000 local access lines last quarter but gained 2.6 million=20
long-distance lines, to take jobs in growing areas like wireless Internet=20
and voice over Internet protocol. The agreement on job security is=20
important because it defines traditional telephone work to include all the=
=20
new communications technologies, said CWA spokeswoman Candice Johnson.=20
Union members will vote on the deal next month.
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-sbc26may26,1,6084792....
y?coll=3Dla-headlines-pe-business
See CWA press release:
http://www.cwa-union.org/news/PressReleaseDisplay.asp?ID=3D428

STATIC RISES AS TELECOM BILL NEARS (CA) PUC VOTE
The California Public Utilities Commission began working on a telecom bill=
=20
of rights four years ago to protect customers from misleading offers,=20
overstated promises on coverage, billing overcharges and unilateral changes=
=20
in service contracts. Commissioner Carl Wood, who oversaw the process,=20
issued the initial draft and has amended it several times. Commissioners=20
Geoffrey Brown and Susan Kennedy introduced competing versions this month.=
=20
The PUC is expected to pass one of them during a vote on Thursday. Telecom=
=20
companies operating in the state say the bill of rights is unnecessary and=
=20
could mean higher rates for consumers. Many are lobbying the California=20
legislature to change underlying laws to protect their interests. They have=
=20
had some success: The Assembly on Monday passed a measure that critics say=
=20
would gut the PUC's bill of rights proposals =97 and take away existing=20
consumer protections as well. The measure, which amends some consumer=20
provisions in a 1986 public utilities law, is pending in the Senate. Much=20
of the industry's angst is "just crocodile tears," said Janee Briesemeister=
=20
of Consumers Union, publisher of Consumer Reports magazine. "Once=20
California does anything to impose some standards on the industry, other=20
states will follow =97 and with stronger provisions." [When California=20
sneezes....]
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-puc26may26,1,7325391....
y?coll=3Dla-headlines-pe-business

INTERNET

FIRMS SUE GOOGLE FOR AD LINKS TO COMPETITORS
Google took in nearly $1 billion last year by selling ads to firms eager to=
=20
market their wares online to computer users. But a number of major=20
businesses in the United States and Europe are crying foul, going after=20
Google in court and alleging that the search-engine juggernaut is profiting=
=20
illegally by trading on their names. Corporations have filed lawsuits=20
recently to try to stop Google from selling ads linked to searches based on=
=20
product names and trademarks. The companies charge that the lucrative=20
practice tramples their legal rights and allows competitors to steal their=
=20
customers.
[SOURCE: Washington Post, AUTHOR: David Vise]
http://www.washingtonpost.com/wp-dyn/articles/A55717-2004May25.html
(requires registration)
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/25/04

The Cato Institute is hosting a discussion TODAY titled "The FCC's Media
Ownership Decision One Year Later." The Media Access Project's Andrew
Schwartzman and Cato's Adam Thierer will debate the current state of the
modern media marketplace and answer questions about the regulations that
govern this important sector. For more information see
http://www.cato.org/events/040525pf2.html.

NONCOMMERCIAL COMMUNICATIONS
FCC May Spur Sale Of Airwaves Held by Schools
CPB's TV Future Fund was Illegal, GAO Finds

MEDIA & POLITICS/GOVERNMENT
Campaign Ads Are Under Fire for Inaccuracy
How Americans Get in Touch With Government

PRIVACY
Privacy Groups Challenge FBI Authority to Obtain Records Without Court Order

NONCOMMERCIAL COMMUNICATIONS

FCC MAY SPUR SALE OF AIRWAVES HELD BY SCHOOLS
More than 40 years ago, President John F. Kennedy set aside a hefty portion
of the radio waves for educational use by private and public schools,
universities and other institutions, a swath of spectrum roughly equal in
size to all the airwaves owned by the cellular industry. Last week, the
FCC's five commissioners began considering a proposal to strip a small
portion of the spectrum from the educational institutions and then
reallocating it for new uses. It would also allow the educational groups to
sell the rest of their spectrum to commercial companies for new uses -- in
deals that could potentially be valued at billions of dollars. The FCC
expects to rule on the issue in coming weeks, though the proposal could be
changed substantially in the interim. The Catholic Television Network, an
association of 16 Catholic archdioceses around the country including those
in New York, Los Angeles and Chicago, is leading a group seeking to stop
the FCC from allowing sales. Critics of the FCC plan say the opportunity to
sell off the spectrum will prove too attractive to resist for many schools
as they come under pressure from cash-strapped cities and states. "So if
[California Gov.] Arnold Schwarzenegger decides to balance the California
budget by selling these licenses, very good systems will be eliminated,"
said Harold Feld, associate director of the Media Access Project.
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo
annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB108543701703420032,00.html?mod=todays...
(requires subscription)

CPB'S TV FUTURE FUND WAS ILLEGAL, GAO FINDS
In "Issues Related to Federal Funding of Public Television by the
Corporation for Public Broadcasting," the General Accounting Office finds
that the Corporation for Public Broadcasting operated outside its authority
when it took money from the part of its appropriation that Congress
designated for station grants and used it for Television Future Fund
projects. Between 1996 and this year, the Future Fund made grants for R&D
projects to improve public TV operations and fundraising. But GAO said CPB
can't legally make selective grants from funds allocated for stations. The
GAO also finds in the report that CPB lagged in distributing some of the
special appropriation for public TV's move toward digital transmission. The
delays prevented many stations from meeting FCC digital construction
deadlines. GAO also recommended that CPB broaden the scope of its digital
grants program beyond its emphasis on transmission equipment to include
support for digital content and production equipment. The report was
requested by Reps Joe Barton (R-TX), Richard Burr (R-NC), Ralph Regula
(R-OH) and Fred Upton (R-MI).
The GAO report is available at http://www.gao.gov/new.items/d04284.pdf
CPB's response to the report is available at:
http://www.cpb.org/programs/pr.php?prn=357
[SOURCE: Current, AUTHOR: Karen Everhart and Jeremy Egner]
http://www.current.org/cpb/cpb0409gao.shtml

MEDIA & POLITICS/GOVERNMENT

CAMPAIGN ADS ARE UNDER FIRE FOR INACCURACY
A record year for political advertising has brought with it a hail of
televised exaggerations, omissions and mischaracterizations that pollsters
say seem to be leaving voters with mistaken impressions of Senator John
Kerry and President Bush. The degree to which the advertisements push the
facts, or go beyond them, varies by commercial. While Mr. Bush's campaign
has been singled out as going particularly far with some of its claims, Mr.
Kerry's campaign has also been criticized as frequently going beyond the
bounds of truth.
[SOURCE: New York Times, AUTHOR: Jim Rutenberg]
http://www.nytimes.com/2004/05/25/politics/campaign/25ADS.html?hp
(requires registration)

HOW AMERICANS GET IN TOUCH WITH GOVERNMENT
Internet users are increasingly turning to e-government sites to carry out
their business with government. But Internet users and non-users alike
value having more than one way to get in touch with government. New
research by the Pew Internet & American Life Project shows that 97 million
adult Americans, or 77% of Internet users, took advantage of e-government
in 2003, whether that meant going to government Web sites or e-mailing
government officials. This represented a growth of 50% from 2002. At the
same time, citizens who contact government said they are more likely to
turn to traditional means - either the telephone or in-person visits -
rather than the Web or email to deal with government. Additional findings
include: 1) Internet users are about 3 times as likely as non-Internet
users to get in touch with government, whether the contact means conducting
a transaction or seeking help with a problem. 2) 30% of Internet users have
e-mailed a government official in order to try to influence policy or
change a politician's position on a law. 3) Half of all Internet users and
59% of online users with broadband connections at home say that the
Internet has helped their relationship with government. 4) 63% of Americans
who contact government report that they were successful in addressing the
issue that prompted the contact. 5) 76% of Americans who contact government
say they were "very" or "somewhat" satisfied with the outcome of their last
dealing with government. 6) 22% of Americans who contact government use
more than one means to do it, with the telephone most likely to the first
option chosen. 7) Traditional means of contacting government are strongly
preferred by those who have a disabilities. 8) Americans with disabilities
are less likely than others to have Internet access. Just 40% of those with
disabilities have access, compared to 63% of the overall population. Those
with disabilities prefer contacting the government by telephone or in
person rather than over the Web or email by a 65% to 15% margin.
[SOURCE: Pew Internet & American Life Project]
http://www.pewinternet.org/reports/toc.asp?Report=127
AP: http://www.mercurynews.com/mld/mercurynews/business/technology/8750894.htm

PRIVACY

PRIVACY GROUPS CHALLENGE FBI AUTHORITY TO OBTAIN RECORDS WITHOUT COURT ORDER
The Center for Democracy and Technology (CDT) joined other privacy groups
and an ISP trade association in filing an amicus brief today in support of
the ACLU's challenge to the FBI's National Security Letter authority, which
allows it to obtain certain customer records from ISPs and other businesses
without a court order.
Amicus Brief [pdf], filed May 24, 2004:
http://www.cdt.org/security/iusapatriot/200420524amicus.pdf
More information on the ACLU's Lawsuit:
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=15543&c=262
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments. For upcoming media
policy events, see http://www.benton.org/calendar.htm
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/24/04

FCC HEADS TO SOUTH DAKOTA
Early this week, South Dakota is the place to be for communications policy=
=20
making. Here's a quick look at FCC-related events in the Mount Rushmore=
State.
* Chairman Powell, Commissioner Adelstein and South Dakota Governor Michael=
=20
Round to Headline Presentation of WISP Technologies, May 25, 3:30-5:30 pm.
Several representatives of wireless Internet service providers (WISP) will=
=20
demonstrate how small, entrepreneurial WISPs are serving rural communities=
=20
and using wireless broadband services to bring opportunities for greater=20
economic development. There will also be discussions of how the challenges=
=20
in serving rural communities can be overcome.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247478A1.doc
* FCC to Hold Second Indian Telecommunications Initiatives Regional=20
Workshop and Roundtable in Rapid City, SD, May 26 and 27.
FCC officials and Tribal leaders will address telecommunications issues=20
facing Indian Country with the goal of providing clear, practical=20
information that Tribal decision-makers can use to prioritize their=20
economic goals and telecommunications development agendas.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247473A1.doc
* FCC Localism Task Force Announces Procedures to Facilitate Public=20
Participation At Its Rapid City, South Dakota Hearing on Broadcast Localism
The FCC is asking the people of South Dakota to help answer five questions:=
=20
1) How do your broadcasters use radio and television to respond to the=20
community's needs and interests? What are they doing well? 2) Are there=20
certain kinds of local programming that you believe should be available but=
=20
that are not being provided by local broadcasters? If so, what are they? 3)=
=20
Are broadcasters well informed about important issues and events in the=20
community? 4) Are there any segments of the local community that you=20
believe are not being adequately served? How could broadcasters meet the=20
needs of such groups? 5) What, if anything, should the FCC do to promote=20
more localism in broadcasting?
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247489A1.doc
[SOURCE: FCC]
(http://www.fcc.gov)
For additional upcoming media policy events, see=20
http://www.benton.org/calendar.htm

TELEVISION
Advertising: Fall TV Season's Offerings Are Escapist Brain Candy
Independent PTV Stations Say PBS programming Causes Centralization
China Takes Aim at Racy, Violent TV Shows
Time May Have Come for Ordering Channels a la Carte
Disney=92s In Indecency Mix
Border Dispute
Satellite Act Down to Wire
Contentious Foe of Finance Reform

TELECOM
Dial 'M' for Morass
SBC, Union Report Progress In New Contract Talks
Nextel Lobbies For Bigger Share Of Cellular Space
The Administration's Ear to Telecom
Universal Community Access from Thin Air?=09
Rural America Expects Fewer Bumps in Switching Cellphone Numbers

JOURNALISM
Bottom-Line Pressures Now Hurting Coverage, Say Journalists
Democracy At Risk

TELEVISION

ADVERTISING: FALL TV SEASON'S OFFERINGS ARE ESCAPIST BRAIN CANDY
Many advertisers prefer to buy commercial time in shows that accentuate the=
=20
positive, to help put viewers in an upbeat, consuming mood. So to give=20
their customers what they want, the six broadcast TV networks unveiled=20
schedules for next year that include a lot of brain candy. "Reality" shows=
=20
have become the new sitcoms. "Maybe that's because to younger viewers who=20
grew up watching 'The Real World' on MTV, who have Webcams and camera=20
phones, the idea of watching other people instead of sitcoms seems very=20
appealing," says one advertiser. "In 1997, NBC alone had 18 sitcoms," said=
=20
Brad Adgate, senior vice president and research director at Horizon Media=20
in New York. "This year, NBC, CBS and ABC combined have 18." There's more=20
about how advertisers see the new TV lineup -- including expected hits and=
=20
flops -- at the URL below.
[SOURCE: New York Times, AUTHOR: Stuart Elliott]
http://www.nytimes.com/2004/05/24/business/media/24adcol.html
(requires registration)

INDEPENDENT PTV STATIONS SAY PBS PROGRAMMING CAUSES CENTRALIZATION
Just 8% of noncommercial stations are independent. =93There is media=20
centralization going in the commercial and noncommercial world and the=20
thing that=92s getting lost -- and most people are worried about it being=
=20
lost -- is local production and local content,=94 said Frederick Thomas of=
=20
MHZ Networks, which operates 2 independent public TV stations in the=20
Washington area -- WNVC and WNCT. Non-PBS stations insist they=92re the last=
=20
bulwarks against centralization and consolidation taking hold across the=20
media world. =93The relationship between local stations and PBS national is=
=20
going to continue to change and change in ways that I don't think are=20
necessarily to the benefit of the local stations," says Thomas. =93PBS=20
requires member stations to carry a minimum amount of programming and they=
=20
require a huge fee for it. So it=92s a closed system in a lot of ways and=20
it=92s built on the old centralized, affiliate type of relationship.=94 With=
=20
commercial stations only providing local news, who else but public TV will=
=20
do local programming? Asked if he agreed centralization was creeping into=20
the noncommercial world as well, Association of Public Television Stations=
=20
President John Lawson said he agreed that =93it=92s a real struggle to=
provide=20
quality local programming. It is because of the economics of it.=94 But with=
=20
the digital conversion, all public TV stations =97 PBS and independent --=20
were looking for ways to expand local programming. Mr Lawson said: =93They=
=20
are buying cameras and upgrading studios and they are upgrading the talent=
=20
of their producers, and I think we just may be on the brink of a resurgence=
=20
of local programming.=94
[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]
(Not available online)

CHINA TAKES AIM AT RACY, VIOLENT TV SHOWS
While Beijing has kept a tight grip over news content, it has in recent=20
years allowed more leeway to broadcasters, particularly in nonsensitive=20
areas like entertainment and sports programming. Broadcasters have come to=
=20
rely on racy and sometimes violent content to attract viewers and boost=20
bottom lines. But China's propaganda czars are turning their policing=20
efforts to pop culture and slapped new restrictions on television show=20
hosts who sport orange-tinted hair, wear "too little or too weird clothes,"=
=20
or speak in trendy local dialects or Western slang. The restrictions are=20
part of a rash of new regulations issued by the State Administration for=20
Radio, Film and Television aimed at toning down the sex, violence and racy=
=20
content that are the hallmark of broadcast media everywhere -- and,=20
increasingly, in China.
[SOURCE: Wall Street Journal, AUTHOR: Kathy Chen kathy.chen( at )wsj.com &=20
Leslie Chang leslie.chang( at )wsj.com]
http://online.wsj.com/article/0,,SB108535107991019064,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)
The Washington Post has a story on how China tried to control content on=20
the Web as well. See "Webmaster Finds Gaps in China's Net"
http://www.washingtonpost.com/wp-dyn/articles/A50496-2004May23.html

TIME MAY HAVE COME FOR ORDERING CHANNELS A LA CARTE
USAToday recaps the a la carte debate. In 2003, the monthly bill for=20
"expanded basic," the option selected by 95% of customers, averaged a=20
record $36.59. The package includes broadcast channels plus a fixed basket=
=20
of up to about 60 cable channels. But research shows that the average=20
subscriber regularly watches, at most, about 14 channels. A recent poll=20
commissioned by the conservative Concerned Women for America found 66% of=20
consumers would prefer to choose their channels -- and 80% don't want to=20
pay for channels they don't watch.
[SOURCE: USAToday, AUTHOR:Michael McCarthy]
http://www.usatoday.com/usatonline/20040524/6226831s.htm

DISNEY'S IN THE INDECENCY MIX
As a major media conglomerate, Disney has a foot in both the cable and=20
broadcasting camps. It owns the ABC Television Network and 10 TV stations,=
=20
as well as cable networks ESPN, Disney Channel and ABC Family, as well as a=
=20
stake in Lifetime Television. As indecency legislation makes it way through=
=20
Congress, the company is supporting cable indecency legislation while=20
fighting proposals that would require cable operators to sell cable=20
networks a la carte. Disney is apparently supporting indecency legislation=
=20
in an effort to drain momentum from a la carte, which some consider a=20
potentially devastating blow to ESPN=92s business model.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA420345?display=3DTop+Stories
(requires subscription)

BORDER DISPUTE
As many as 50 million Americans may be suffering through radio broadcasts=20
with interference because Mexico has allowed three AM stations in Tijuana,=
=20
Tecate, and Ensenada switch channels and ramp up their power by as much as=
=20
80 times their previous levels. The move violates an 18 year-old treaty=20
between the US and Mexico and could mean there will be problems untangling=
=20
interference issues as TV stations in both countries switch to all-digital=
=20
operation. DTV stations in California, Arizona, New Mexico, and Texas could=
=20
face years-long bureaucratic disputes over interference, warns David=20
Donovan, president of the Association for Maximum Service Television, the=20
U.S. DTV trade group.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA420260?display=3DWashington
(requires subscription)

SATELLITE ACT DOWN TO WIRE
Time is growing short for the Satellite Home Viewer Improvement Act (SHVIA)=
=20
which needs to be reauthorized by Congress or millions of rural satellite=20
subscribers with access to out-of-town feeds of ABC, CBS, NBC and Fox will=
=20
lose network programming after December 31, 2004. With the summer's=20
political conventions coming and time off needed to campaign, there's not=20
many days left for this Congress. SHVIA is one of the few "must get done"=20
bills of the year and to get passed and signed, the legislation will=20
probably have to avoid controversy. Because of that Senate Judiciary=20
Committee Chairman Orrin Hatch (R-UT) has proposed a straight five-year=20
reauthorization. He would like to fix some problems, but does not have the=
=20
jurisdiction to do it all. One potential "fix" Sen Hatch and others would=20
support is a requirement that all broadcast stations in a local market be=20
delivered on one dish at the consumers home. EchoStar currently relegates=20
some broadcast channels to a second dish that is free for requesting=20
consumers, but many fail to request it. A compromise may be in the making,=
=20
however. Andrew Halataei, legislative director for House Judiciary=20
Committee member Rep. Randy Forbes (R-VA), floated the idea that a two-dish=
=20
solution could be acceptable if EchoStar automatically installed a second=20
dish when consumers signed up for the local-signal package. =93I think in=
the=20
end there=92s probably going to be something in the bill that=92s going to=
=20
require EchoStar to make sure they have everything on one dish or always=20
install two dishes when they go to install it the first time,=94 Mr.=
Halataei=20
said. Satellite operators also want the right to deliver distant digital TV=
=20
signals into local areas where local broadcasters are not. The National=20
Association of Broadcasters opposes this provision.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA420235?display=3DPolicy
(requires subscription)

CONTENTIOUS FOE OF FINANCE REFORM
Bradley Smith, the Chairman of the Federal Election Commission, may be the=
=20
biggest obstacle to true finance reform. The FEC recently delayed any=20
decision on the flow of "soft money" to "527" organizations until August,=20
ensuring that these organizations will play a major role in this year's=20
election. The chairman of the Republican Party, Ed Gillespie, called=20
Chairman Smith's latest actions "irresponsible." Sen. John McCain (R-AZ),=20
the best-known proponent of campaign-finance reform, labeled him "bullying=
=20
and cowardly." For his part, Chairman Smith believes that if there's any=20
loophole in the campaign finance system, it is there because Congress put=20
it there. "The idea that donors' giving money to candidates is corrupting"=
=20
is misguided, he says. He argues that providing money to support a campaign=
=20
is an essential element of democracy in the TV age and isn't bribery, as=20
his critics often contend.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA420245?display=3DTop+of+the+Week
(requires subscription)

TELECOM

DIAL 'M' FOR MORASS
The WSJ calls on Solicitor General Ted Olson to announce that the=20
Administration won't seek a Supreme Court appeal of the March court ruling=
=20
invalidating the FCC's phone competition rules. The uncertainty of this=20
looming court action and the meddling of state regulators, the editorial=20
states, is what is holding back the telecom sector. Like any other market,=
=20
the editorial concludes, telecom responds to incentives. Nearly a decade of=
=20
micro-management and endless litigation have depressed capital spending and=
=20
left the U.S. trailing Asia and Europe in broadband deployment. Removing=20
those barriers is an essential first step in reversing these trends.
[SOURCE: Wall Street Journal, AUTHOR: WSJ Editorial Staff]
http://online.wsj.com/article/0,,SB108535247611819074,00.html?mod=3Dtoda...
s_opinion
(requires subscription)

SBC, UNION REPORT PROGRESS IN NEW CONTRACT TALKS
The Communications Workers of America and SBC reported "considerable=20
progress" in their negotiations over the weekend. A strike of 100,000 CWA=20
members against SBC, in its third day, is scheduled to end Tuesday. The=20
union is pushing SBC to agree that CWA workers in fields with declining=20
manpower be given priority for positions in their hometowns. The company=20
says it will give each surplus worker a guaranteed job offer somewhere in=20
the same state, which the CWA finds inadequate.
[SOURCE: Wall Street Journal, AUTHOR: Associated Press]
http://online.wsj.com/article/0,,SB108523790132518630,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

NEXTEL LOBBIES FOR BIGGER SHARE OF CELLULAR SPACE
The debate over moving cellphone company Nextel to a different spectrum=20
band is front page news in Washington. It "is becoming one of Washington's=
=20
most intense lobbying clashes, with the company's future and the shape of=20
the cellular phone industry in the balance." Nextel is the smallest=20
national wireless operator and the only one that does not have a large,=20
deep-pocketed phone company for a parent. Nextel has hired lobbyists to=20
help win approval of its plan to move to spectrum that would allow it to=20
compete better with larger carriers and fix interference problems with=20
public safety officials. But rivals say Nextel is underpaying for the new=20
spectrum it wants -- by about $1 billion.
[SOURCE: Washington Post, AUTHOR: Jeffrey Birnbaum & Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A50329-2004May23.html
(requires registration)

THE ADMINISTRATION'S EAR TO TELECOM
A interview with Michael D. Gallagher, head of the Commerce Department's=20
National Telecommunications and Information Administration and the Bush=20
administration's principal advisor on telecommunications policy. He is a=20
graduate of UC Berkeley and UCLA's law school, entered government from the=
=20
wireless industry, where he worked for AirTouch before it was acquired by=20
Vodafone and eventually merged into Verizon Wireless. He sees wireless=20
technology as a way to get around the chokehold the Bells have on local=20
access lines, called loops. The interview covers phone competition,=20
negotiations to lease phone lines and affordable high-speed Internet access.
[SOURCE: Los Angeles Times, AUTHOR: James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-gallagher24may24,1,59...
6.story?coll=3Dla-headlines-pe-business

UNIVERSAL COMMUNITY ACCESS FROM THIN AIR?
Media analyst Tom Wolzien estimates that the spectrum used for broadcasting=
=20
in the US is worth $367 billion. Broadcasters get to use that spectrum free=
=20
of charge, agree to public interest obligations aimed at delivering=20
important programming to audiences. But new players would like access to=20
spectrum to deliver public benefits. In congested unlicensed bands of=20
spectrum, more than 2,500 Wireless Internet Service Providers (WISPS) and=20
nonprofit Community Access Networks are using modified Wi-Fi equipment to=20
provide high-speed Internet access for entire communities. This activity is=
=20
great news, the New America Foundation's Calabrese and Barranca write, for=
=20
communities, but the success of unlicensed spectrum to provide last-mile=20
connectivity reinforces the reality that the vast majority of spectrum is=20
off-limits to citizens for direct access. The truth is, they add, that much=
=20
of the spectrum represents an enormous untapped public resource that could=
=20
be used by communities to solve broadband Internet access problems quickly,=
=20
efficiently and for themselves.
[SOURCE: Community Media Review, AUTHORS: Michael Calabrese & Matt Barranca]
http://www.alliancecm.org/

RURAL AMERICA EXPECTS FEWER BUMPS IN SWITCHING CELLPHONE NUMBERS
Starting today, cellphone users in rural America will be able to switch=20
carriers and take their numbers with them.
[SOURCE: New York Times, AUTHOR: Ken Belson]
http://www.nytimes.com/2004/05/24/technology/24phone.html
(requires registration)
See statement from FCC Chairman Michael Powell
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247463A1.doc

JOURNALISM

BOTTOM-LINE PRESSURES NOW HURTING COVERAGE, SAY JOURNALISTS
Journalists are unhappy with the way things are going in their profession=20
these days. Many give poor grades to the coverage offered by the types of=20
media that serve most Americans: daily newspapers, local TV, network TV=20
news and cable news outlets. In fact, despite recent scandals at the New=20
York Times and USA Today, only national newspapers =AD and the websites of=
=20
national news organizations =AD receive good performance grades from the=20
journalistic ranks. Roughly half of journalists at national media outlets=20
(51%), and about as many from local media (46%), believe that journalism is=
=20
going in the wrong direction, as significant majorities of journalists have=
=20
come to believe that increased bottom line pressure is "seriously hurting"=
=20
the quality of news coverage. This is the view of 66% of national news=20
people and 57% of the local journalists questioned in this survey.
[SOURCE: Pew Research Center for the People and the Press]
http://people-press.org/reports/display.php3?ReportID=3D214
See coverage of the survey in the Washington Post:
http://www.washingtonpost.com/wp-dyn/articles/A50403-2004May23.html

DEMOCRACY AT RISK
The authors ask if concentrated media ownership is good for a free,=20
democratic society. Over the last two decades there's been a massive=20
disinvestment in news and journalism and a loss of independent journalistic=
=20
voices. Journalistic outlets have been transformed into cogs in the immense=
=20
portfolios monopolistic public companies and mega-chains. Behind closed=20
doors at the FCC and without much press coverage, "the major media company=
=20
CEOs and their lobbyists have turned the FCC into their handmaiden for=20
extending their control in pursuit of greater stock prices and short-term=20
profit." The battle over new media ownership rules, the authors write, is a=
=20
battle for democracy's survival versus rapacious capitalism. The grassroots=
=20
effort to block the FCC rules is having some effect in Congress. "Every=20
American needs to be a warrior for democracy. Every American needs to speak=
=20
up loud and often on this issue."
[SOURCE: Community Media Review, AUTHORS: Wade Henderson (Leadership=20
Conference on Civil Rights) and Frank Blethen (The Seattle Times)]
http://www.alliancecm.org/
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/21/04

BROADCASTING
Notice of Inquiry on Localism Coming
FCC Will Look at Violence
Making Money Now on HDTV: Practical Lessons from the Field
Networks Debate Age Groups' Value to Advertisers
The Campaign Media Guide

CABLE
Why I'm Filing Chapter 11
Adelstein Opposed to Brand X Appeal

SPECTRUM
FCC's Powell Retracts Vote On Nextel Spectrum Request
Powell: Wireless Vital to Broadband Future

TELECOM
Sprint's Role as Wholesaler: 'Arms Dealer' to the Industry
New York Classifies Vonage as Phone Company
Intermodal Competition in Telecom: A Vision, not a Reality
FCC's Number Portability Rule Likely to Hurt Rural Carriers

INTERNET
CAN-SPAM Act
WWW Conference Mulls Web as Personal Memory Store

BROADCASTING

NOTICE OF INQUIRY ON LOCALISM COMING
According to FCC Commissioner Jonathan Adelstein, the FCC will soon launch=
=20
a proceeding on localism which would look at what the Commission can do to=
=20
ensure that news and issues of local concern are properly covered by=20
broadcasters and that broadcasters fulfill their public interest=20
obligations. A big question is whether local ownership of broadcast=20
stations makes a difference in how well the station serves the public =97 or=
=20
whether out-of-state owners, which tend to be larger companies, do just as=
=20
good a job, Commissioner Adelstein said. =93That issue, I don't know that it=
=20
has been completely settled. We get arguments on both sides,=94 he said.=20
Commissioner Adelstein said out-of-state owners argue that localism is in=20
many ways market driven because a station that=92s unresponsive to the=20
viewers won't be watched. Local owners say local ownership is vital. What=20
isn't clear, Commissioner Adelstein said, is whether localism should be=20
left entirely to the market or whether the government should get involved.=
=20
Commissioner Adelstein said he didn't know when the item would be released.
[SOURCE: Communications Daily, AUTHOR: Brigitte Greenberg]
(Not available online)

FCC WILL LOOK AT VIOLENCE
In March, House Commerce Chairman Joe Barton (R-TX), Telecommunications=20
Subcommittee Chairman Fred Upton (R-MI), and the respective committees'=20
ranking Democrats John Dingell (D-MI) and Ed Markey (D-MA), requested that=
=20
the FCC conduct an inquiry into broadcast violence to be completed and=20
reported on by Jan. 1, 2005. FCC Chairman Michael Powell's staff is now=20
saying that the Commission's Media Bureau will draft a Notice of Inquiry=20
for review by FCC commissioners soon. The House committee wants the report=
=20
to address the harm that excessively violent programming does to children.=
=20
It also wants to know whether it is in the public interest to define=20
programming that would be considered "excessively violent," whether it is=20
constitutional to prohibit that programming when children are likely to be=
=20
viewing, and whether the FCC already has the authority to make that=20
prohibition or whether it needs Congress to authorize that power for the=
FCC.
[SOURCE: BusinessWeek, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA419866?display=3DBreaking+News

MAKING MONEY NOW ON HDTV: PRACTICAL LESSONS FROM THE FIELD
Communications Daily and Consumer Electronics Daily co-hosted an=20
audioconference Thursday on the transition to digital TV and how we all=20
(well, mostly broadcasters) can benefit from it. The greatest barrier to=20
the transition may be continued lack of consumer education and confusion in=
=20
the marketplace, some claimed. People don't choose a new technology because=
=20
they see it in stores, but because a friend has made the purchase. But high=
=20
definition is driving the consumer electronics market now. Sets sell with=20
high margins and also induce consumers to buy other products like audio=20
equipment and DVD players.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins, Steve Booth]
(Not available online)

NETWORKS DEBATE AGE GROUPS' VALUE TO ADVERTISERS
Are you more valuable to advertisers if you are 18- to 49-years-old or 25-=
=20
to 54-years-old? Television networks are debating this now because the=20
answer is worth hundreds of millions of dollars to them. CBS President=20
Leslie Moonves told advertisers this week that 18-year-olds aren't likely=20
to buy cars and don't maintain their own homes. Nielsen data show that 51=20
percent of the sought-after "young affluent audience" -- 18- to=20
34-year-olds living in households that make more than $75,000 per year --=20
are dependent on someone else's money. "The 18-to-24 group doesn't have a=20
lot of discretionary income," said Shari Ann Brill, a media buyer for Carat=
=20
USA. "They're in school, so [Moonves] does have a point. But that younger=20
[group] is very good for movies and fast food [advertising], though, yes,=20
to a certain extent, it is their parents' money." NBC counters: "We listen=
=20
to our customers, and they consistently tell us that the 18-to-49 viewers=20
are the most valued audience in television. NBC can deliver that=20
demographic better than any network." Advertisers in search of youth don't=
=20
always act expectedly. Suppose "Show A" has 5 million viewers ages 18-49=20
and 1 million 50 and older, for a total of 6 million viewers. "Show B" also=
=20
has 5 million 18- to 49-year-old viewers but 5 million who are 50 and=20
older, for a total of 10 million viewers. Common sense would suggest that=20
advertisers should pick "Show B," which delivers the younger audience plus=
=20
5 million bonus viewers. But they do not. They pick "Show A" -- and pay=20
more for it -- because a greater percentage of the show's total viewership=
=20
is younger.
[SOURCE: Washington Post, AUTHOR: Frank Ahrens]
http://www.washingtonpost.com/wp-dyn/articles/A44031-2004May20.html
(requires registration)

THE CAMPAIGN MEDIA GUIDE
This is a comprehensive primer on candidates' and citizens' rights -=20
broadcasters' obligations - during the 2004 election season. This Guide is=
=20
designed to be a hands-on resource for all those involved in political=20
broadcasting, including advertising and news coverage, during federal=20
elections - candidates, media buyers, ad makers, broadcasters and citizen=20
organizations alike. The Guide includes the most recent Federal=20
Communications Commission and Federal Election Commission regulations=20
regarding the application of the new campaign finance laws (the Bipartisan=
=20
Campaign Reform Act of 2002, or "McCain-Feingold") as well as other new=20
requirements and rules. Features within the Guide include: 1)=20
Identification of candidates' rights to airwaves during election season, 2)=
=20
Descriptions of broadcasters, cable operators, and Digital Broadcast System=
=20
(DBS) operators political discourse obligations, 3) Case studies of=20
successful and unsuccessful challenges of broadcaster actions, 4) Important=
=20
contact information for filing informal and formal complaints, 5) Detailed=
=20
analysis of broadcast station political files and available information for=
=20
candidates and citizens, and 6) Sponsorship identification requirements for=
=20
both the FEC and FCC including sample language.
[SOURCE: Campaign Legal Center]
http://www.campaignlegalcenter.org/attachment.html/CLC_MediaGuide+%28FIN...
9.pdf?id=3D1121

CABLE

WHY I'M FILING CHAPTER 11
Cable, phone and video provider RCN will be filing Chapter 11 bankruptcy in=
=20
the next couple of weeks, the company's CEO writes. Why? "The cable=20
industry remains in the grip of a monopoly mindset. Despite all the=20
innovation, the surge in new players, and the billions of dollars lost=20
since the passage of the 1996 Telecom Act, cable rates have soared 40% and=
=20
the industry giants continue to think in terms of how to dominate markets=20
rather than of how to drive innovation. The bankruptcies that sidelined so=
=20
many upstart cable providers have effectively spared the cable incumbents=20
from facing competitive pressures -- at least for the moment." The cable=20
business model relies on local service monopolies; closed, proprietary=20
technology to inhibit open competition; and packaging programming -- which=
=20
the cable operators own -- so that consumers have to buy channels they=20
don't want, so they can get the channels they do want. McCourt predicts the=
=20
next wave in telecom: companies that bring Voice-over-IP technology to the=
=20
cable world, creating "Video-over-IP" competitors who change the way=20
customers bring television into their homes. That possibility should worry=
=20
today's cable giants who have been ignoring the logic of economics, the=20
possibilities of technology and the interests of consumers for far too long.
[SOURCE: Wall Street Journal, AUTHOR: David McCourt, chairman and CEO of=20
RCN Corporation]
http://online.wsj.com/article/0,,SB108509359741217460,00.html?mod=3Dtoda...
s_opinion
(requires subscription)

ADELSTEIN OPPOSED TO BRAND X APPEAL
Two weeks ago, Comcast CEO Brian Roberts told the Senate Commerce Committee=
=20
the Brand X case was one of the biggest regulatory risks facing his=20
industry. The uncertainty was heightened, he added, by the fact that it was=
=20
unclear whether the Department of Justice would ask the Supreme Court to=20
overturn the decision by the U.S. Court of Appeals for the Ninth Circuit=20
ruling that cable-modem service is partly an information service and partly=
=20
a telecommunications service. Although information services are largely=20
unregulated, telecommunications-service providers are required to make=20
their transport facilities available on nondiscriminatory terms and=20
conditions -- forced-access mandates that cable has been fighting for=20
years. Yesterday, FCC Commissioner Jonathan Adelstein told reporters he=20
does not support the DOJ joining in the cable industry's appeal of the=20
case. =93I really don't see any reason myself to seek [Supreme Court review]=
=20
on the case,=94 Commissioner Adelstein said. =93I think we can operate=
within=20
the bounds of that decision and accomplish the goals of deregulation=20
through other means, such as forbearance.=94 Commissioner Adelstein believes=
=20
the FCC needs to move away from the classification debate and "get to the=20
real point of how do you treat these services under the rules." At stake is=
=20
the legal right of competing Internet-service providers such as EarthLink=20
to lease bandwidth from cable operators at wholesale rates. The deadline to=
=20
file with the Supreme Court is June 29. A few weeks ago, FCC chairman=20
Michael Powell declined to reveal whether he had secured DOJ cooperation in=
=20
taking the case -- know as Brand X Internet Services vs. FCC -- to the high=
=20
court.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA419948?display=3DBreaking+News
(requires subscription)

SPECTRUM

FCC'S POWELL RETRACTS VOTE ON NEXTEL SPECTRUM REQUEST
Because of interference with emergency response radio systems caused by=20
Nextel's mobile phone service, the company devised a plan that would pay=20
the cost of relocating public safety radio services to a different portion=
=20
of the 800 Megahertz band, where both Nextel and the police radios operate,=
=20
and require the company to give up some of its airwaves in the 800 MHz=20
range in exchange for airwaves in the 1.9 Gigahertz band. But the rest of=20
the wireless industry has bitterly opposed the grant of 1.9 GHz spectrum.=20
The 10 MHz swath is the last remaining nationwide chunk in a band used by=20
most mobile phone providers. In March, FCC Chairman voted his support for=20
the Nextel "consensus" plan, but he has now withdrawn it. Chairman Powell=20
is considering granting Nextel spectrum in the 2.1 GHz range. Nextel has=20
opposed the idea for a variety of reasons, citing cost of adapting=20
equipment, inferior propagation characteristics of the band, and the fact=20
that some competitors are incumbent users on the band who would have to be=
=20
moved.
[SOURCE: Wall Street Journal, AUTHOR:Mark Wigfield=20
mark.wigfield( at )dowjones.com ]
http://online.wsj.com/article/0,,SB108508816822717284,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)
WP: http://www.washingtonpost.com/wp-dyn/articles/A43621-2004May20.html
(requires registration)

POWELL: WIRELESS VITAL TO BROADBAND FUTURE
At the FCC Wireless Broadband Forum earlier this week, FCC Chairman Powell=
=20
said the Commission is looking at reallocating spectrum for broadcast=20
television to wireless and expanding bands in the 5GHz range to help meet=20
President Bush's goal of universally available broadband by 2007. These=20
goals "only will be met by the use of every possible tool in our broadband=
=20
tool kit," Chairman Powell said. "It will be critical that wireless play a=
=20
major role in our ability to provide these benefits to the American=20
consumer." Chairman Powell added that wireless has certain technical=20
advantages that allow companies to reach consumers in ways that wired=20
services can't. And by not relying on any one technology, the threat of=20
monopoly control and bottlenecks can be avoided. "From Day 1, we have been=
=20
working hard to change the traditional 'command and control' approach that=
=20
does not respect innovation and the need to move spectrum to its highest=20
and best uses. The bottom line is: All the raw material is there, the=20
recognition is there, and the understanding of its importance has begun to=
=20
gel," Chairman Powell said. "Now, all that is left is the easy part of=20
actually making it happen."
[SOURCE: C-Net|News.com, AUTHOR: Richard Shim]
http://news.com.com/Powell%3A+Wireless+vital+to+broadband+future/2100-10...
-5217044.html?tag=3Dnefd.hed
See full remarks at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247411A1.doc

TELECOM

SPRINT'S ROLE AS WHOLESALER: 'ARMS DEALER' TO THE INDUSTRY
Volume, volume, volume. Sprint is moving to a business model of selling its=
=20
telecommunications services at a deep discount to other companies, which=20
then turn around and sell the service under their own brands -- competing=20
against Sprint. The next big customers on Sprint's horizon are telephone=20
companies who want to offer a complete bundle to customers -- local,=20
long-distance and wireless phone, high-speed Internet and TV service. "I do=
=20
see a year from now, a number of cable companies will see that wireless is=
=20
not only a very valuable service to offer, but required service to fulfill=
=20
some customers for the bundle," says Len J. Lauer, Sprint's president and=20
chief operating officer. Sprint has invested billion in expanding the=20
capacity of its networks and is trying to ensure a return on that=20
investment. But some analysts are scratching their heads. Sprint's "selling=
=20
point is they can offer an integrated bundle of services to large=20
enterprises, including wireless, which set them apart from the MCIs and=20
AT&Ts of the world -- now they've lost that advantage," said Patrick=20
Comack, a telecommunications analyst at Guzman & Co., an investment banking=
=20
firm that does work for Sprint. "It's basically giving your enemy another=20
weapon to defeat you."
[SOURCE: Wall Street Journal, AUTHOR: Jesse Drucker jesse.drucker( at )wsj.com]
http://online.wsj.com/article/0,,SB108508486331117175,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

NEW YORK CLASSIFIES VONAGE AS PHONE COMPANY
In October 2003, a federal judge rejected an attempt by Minnesota's Public=
=20
Utilities Commission to regulate Vonage, saying its services fell outside=20
the traditional definition of a phone company. But on Wednesday, the New=20
York State Public Service Commission ruled that Vonage is a telephone=20
company and is thus subject to state regulation. The PSC added that it=20
hopes to apply "only minimal regulations to ensure that it does not=20
interfere with the rapid, widespread deployment of new technologies."
"While today's decision means that Vonage will be subject to some form of=20
regulation, we are limiting the effect of our decision to allow Vonage an=20
opportunity to address the framework of that regulation," PSC Chairman=20
William Flynn said in a statement.
[SOURCE: C-Net|News.com, AUTHOR: Evan Hansen]
http://news.com.com/New+York+classifies+Vonage+as+phone+company/2100-735...
5216639.html?tag=3Dnefd.top

INTERMODAL COMPETITION IN TELECOM: A VISION, NOT A REALITY
Are rules requiring the baby Bells to lease the elements of their networks=
=20
still necessary with all the phone choices consumers have? Yes, is the=20
answer of this report. Many of those choices are a vision, not a reality.=20
VoIP (Voice over Internet Protocol), which enables consumers to use their=20
broadband connection to make phone calls, is highly promising, but in its=20
infancy: only a few hundred thousand Americans now use VoIP as their main=20
residential phone service. Fiber to the home, which could greatly increase=
=20
communications options for consumers, also is in a start up phase.=20
Broadband over power lines consists of a few small pilot programs. Phone=20
over cable TV lines is available in only a handful of markets. And for most=
=20
Americans, cell phones are a complement, not a substitute, for the nation=92=
s=20
183 million copper phone lines.
[SOURCE: CompTel/ASCENT]
http://www.comptelascent.org/public-policy/federal-regulatory/documents/...
/intermodal_res_guide_may19_2004.pdf
CompTel/ASCENT is the largest association representing facilities-based=20
carriers, providers using unbundled network elements, global integrated=20
communications companies, and their supplier partners.

FCC'S NUMBER PORTABILITY RULE LIKELY TO HURT RURAL CARRIERS
Starting Monday, cellphone customers in small and midsize markets will gain=
=20
the same right their big-market cousins enjoy: They'll get to keep their=20
numbers when they switch carriers. Analysts think this could cause a wave=20
of defections from small carriers to large companies like Verizon and=20
Sprint. But about 900, or 90%, of rural wireline companies have asked state=
=20
regulators for delays of several months.
[SOURCE: USAToday, AUTHOR:Paul Davidson]
http://www.usatoday.com/usatonline/20040521/6223180s.htm

INTERNET

CAN-SPAM ACT
Members of the Senate Commerce Committee heard testimony on the=20
effectiveness of the CAN-SPAM Act and the anticipated effect of new=20
anti-spam initiatives in curtailing the delivery of unwanted e-mail, known=
=20
as spam, to consumers. See links to testimony at the URL below.
A report on the hearing from Reuters (see link below) focuses on the=20
comments of spammer Ron Scelson who said he is now complying with the law,=
=20
but would start using deceptive tactics if large Internet Service Providers=
=20
like America Online continue to block his messages. He sends out=20
approximately 30 million messages a day (one-third of which are apparently=
=20
targeted at this email address) promoting a range of businesses from eBay=20
to car warranties.
[SOURCE: US Senate]
http://commerce.senate.gov/hearings/witnesslist.cfm?id=3D1199
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DYRCHBSP1B1NHQCRBAE...
A?type=3DinternetNews&storyID=3D5210736
See a similar article in the Washington Post
http://www.washingtonpost.com/wp-dyn/articles/A43622-2004May20.html
(requires registration)
See Also:
CAN-SPAM LAW NOT DOING THE JOB, SENATE COMMITTEE TOLD
Since the federal anti-spam law went into effect in January, consumers=20
appear to be receiving as much unwanted e-mail as ever, and Congress should=
=20
refine the law to make it more effective in blocking spam, the president of=
=20
Consumers Union testified today before a Senate committee. Jim Guest,=20
president of the non-profit publisher of Consumer Reports, told the Senate=
=20
Commerce Committee that 80 percent of respondents in a national online=20
survey conducted by the magazine reported no reduction in spam during the=20
three months after the law went into effect. About two-thirds also noted=20
that spam comprised at least half of their e-mails. =93In order to truly=20
can-spam, Congress will need to update the law to keep abreast of new=20
developments in technology, such as wireless spam, and keep on the trail of=
=20
elusive spammers who are finding new ways to beat spam filters and evade=20
anti-spam technologies,=94 Guest said. Guest said the magazine recommended=
to=20
policymakers in August that the law allow consumers to =93opt-in=94 to spam=
=AD=20
meaning they must give their permission to be e-mailed. However, the law=20
Congress passed only allows consumers to =93opt-out=94 of spam =AD meaning a=
=20
consumer must respond to each unwanted e-mail and ask not to be sent the=20
messages. =93We recommend consumers not click on unsubscribe or =91opt-out=
=92=20
links, as this may signal a spammer that the user=92s e-mail address works,=
=20
causing them to get more spam,=94 Guest said. =93Unfortunately, this leaves=
=20
users in a difficult position with perhaps no real remedy against spam for=
=20
the time being. =93Our bottom line is Congress should not place the burden=
on=20
consumers to fight the flood of spam, the burden should be on the=20
marketers,=94 he said. =93If we can stop solicitors from ringing our=
doorbells,=20
if we can stop solicitors from calling us at home, then there should be the=
=20
same protection in our view to stop spam.=94
[SOURCE: Consumers Union Press Release]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001138.html...
e

WWW CONFERENCE MULLS WEB AS PERSONAL MEMORY STORE
Imagine you could recall every interesting conversation you have ever held=
=20
in your life -- every waking moment even. Some of us think we can (or did=20
before we had children, of course). But with advances in digital recording=
=20
and storage devices, one day we might be able to access any moment from our=
=20
lives instantly. Top Internet researchers attending the annual World Wide=20
Web conference in New York this week are wondering what it will mean. Now=20
that I've piqued your interest, there's other topics being covered, too,=20
like how to create a smarter "back" button on Internet browsers. Check it=20
out at http://www.www2004.org
[SOURCE: Reuters, AUTHOR: Eric Auchard]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DZUFN5Q4TAVEAGCRBAE...
A?type=3DtechnologyNews&storyID=3D5209463=20

--------------------------------------------------------------
Have a great weekend!

Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.

For upcoming media policy events, see http://www.benton.org/calendar.htm
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/20/04

For upcoming media policy events, see http://www.benton.org/calendar.htm

Congratulations go out to Andrew Jay Schwartzman, President and CEO of
Media Access Project (MAP) who is the first recipient of the Just Media
Lifetime Achievement Award for making "a significant contribution to the
reform of media policy by galvanizing others, writing/speaking on media
policy issues, and leading or being an instrumental part of a campaign that
called for media reform." Mr. Schwartzman received the award at
MediaRight's Fourth Annual Media That Matters Film Festival. Hope you
enjoyed your night in New York, Andy... Now get back to work!

MEDIA
Bigwigs Want Skinny On Buffet Cable
Senators Want NIH Study of 'Screen Time'

TELECOM
Competition in the Communications Marketplace
Broadband Wireless Companies Ask for Spectrum
Talks Falter on Ending Fees Between Telephone Companies
AT&T Hangs up on Some Local Plans
SBC Union Workers to Stage Four-Day Strike

PRIVACY
Now They'll Know if You Read Their E-mail
Street Maps in Political Hues

SPAM
FTC Rule Requires Labels On Sexually Explicit Spam

MEDIA

BIGWIGS WANT SKINNY ON BUFFET CABLE
As reported yesterday, top members of the House Energy and Commerce
Committee have asked the FCC to conduct an inquiry into the ramifications
of mandated a la carte pricing for satellite and cable operators. In a
letter from House Commerce Chairman Joe Barton (R-TX), Telecommunications
Subcommittee Chairman Fred Upton (R-MI), ranking committee member John
Dingell (D-MI), ranking subcommittee member Ed Markey (D-MA) and Rep Nathan
Deal (R-GA), the FCC is directed to examine the following questions: Do
program distributors currently have the option buying channels a la carte
from their suppliers? What would the impact on retail rates to customers if
programmers had to offer their network a la carte and could not bundle
them? What would the impact on retail rates to customers if programmers had
to offer their network a la carte but could also bundle them? How have
broadcast networks and affiliate groups used retransmission consent to
expand carriage of affiliated networks? Is there any reason to regulate
satellite and cable in terms of this issue? What Constitutional or other
legal questions are raised if Congress mandates stand-alone channel sales
and prevents programmers from requiring carriage on particular tiers?
Consumers Union supports the lawmakers: "The cable industry will no longer
be able to hide behind Chicken Little predictions now that Congressional
leaders from both parties have requested that the Federal Communications
Commission to conduct a rapid factual study of how allowing consumers to
pick their own cable channels could work in the cable and satellite
marketplace.... We are confident that once the FCC looks past industry
innuendo and unsubstantiated assertions to find the real facts about the
benefits of allowing consumers to select and pay for their own channels,
cable and satellite carriers will no longer be able to resist public
pressure to offer such options."
The National Cable and Telecommunications Association responded with the
following: "As the General Accounting Office (GAO) has found, 'a la carte'
pricing would likely lead to a choice of fewer cable channels at higher
prices for consumers. The economic facts have not changed over the six
months since GAO issued its comprehensive study. We believe that an FCC
study would further confirm that 'a la carte' pricing would be very harmful
to ad-supported cable networks and consumers by reducing programming
diversity and driving up the cost of cable and satellite television."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/index.asp?layout=article&articleid=CA41...
(requires subscription)
See also:
Text of letter: http://www.consumersunion.org/pub/FCC.alacarte.pdf
Multichannel News:
http://www.multichannel.com/index.asp?layout=article&articleid=CA419616&...
(requires subscription)
WP: http://www.washingtonpost.com/wp-dyn/articles/A40996-2004May19.html
NCTA Press Release:
http://www.ncta.com/press/press.cfm?PRid=501&showArticles=ok
Consumers Union Press Release:
http://www.consumersunion.org/pub/core_telecom_and_utilities/001137.html

SENATORS WANT NIH STUDY OF 'SCREEN TIME'
Sens. Joseph Lieberman (D-CT), Sam Brownback (R-KS) and Hillary Rodham
Clinton (D-NY) on Wednesday introduced the Children and Media Research
Advancement Act of 2004, a bill instructing the National Institutes of
Health to investigate the impact of the electronic media on the development
of children. The legislation would authorize a $90 million federal grant
program to support research into the effects of viewing and using all types
of media, including television, computer games, and the Internet, on
children's physical and psychological development. The bill aims at
energizing research into the role of all forms of digital, analog and print
media on the cognitive, social, emotional, physical and behavioral
development of children from infants through adolescents. A broad array of
children advocacy organizations supports the CAMRA Act. Attending the press
conference introducing the legislation to show their support were Sandra L.
Calvert, Ph.D., Director of Children's Digital Media Center; Michael Rich,
M.D., Director of Media and Child Health at Harvard University; Patti
Miller with Children Now; Jeff McIntyre from the American Psychological
Association; Liz Rose from Common Sense Media and Mellissa Caldwell from
Parents Television Council.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA419386?display=Breaking+News
(requires subscription)
Sen Lieberman's Press Release
http://lieberman.senate.gov/newsroom/release.cfm?id=221745

TELECOM

COMPETITION IN THE COMMUNICATIONS MARKETPLACE
The House Subcommittee on Telecommunications and the Internet hearing on
the effects of convergence was heavy on technology and light on policy.
Lawmakers saw presentations of cell phones that receive TV, devices that
record video and operate seamlessly with laptops, and wireless broadband.
Broadband over powerlines (BPL) seemed to get the most attention.
Testifiers asked for regulatory parity for different broadband services.
See links to testimony at the house.gov URL below.
[SOURCE: House Commerce Committee]
http://energycommerce.house.gov/108/Hearings/05192004hearing1278/hearing...
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

BROADBAND WIRELESS COMPANIES ASK FOR SPECTRUM
At the FCC's Wireless Broadband Forum, representatives from high-tech and
wireless companies asked the Commission for more low-frequency spectrum.
"At 700 MHz we may need 1/10th the number of base stations you would
require at, say, 2.5 GHz. That's a huge cost advantage," said Margaret
LaBrecque of Intel. "If we're going to roll this broadband access out we
must have access to good spectrum." An additional issue raised was
standardization. Standardization is the "key driver" for more widespread
wireless broadband, said Guy Kelnhofer, CEO of NextNet Wireless. "It's
imperative that all of the vendors strive toward interoperability in the
future." FCC Chairman Michael Powell said the FCC must guarantee that Wi-Fi
and other networks are secure as wireless broadband becomes more prevalent.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)
FCC Broadband Forum homepage:
http://wireless.fcc.gov/outreach/2004broadbandforum/

TALKS FALTER ON ENDING FEES BETWEEN TELEPHONE COMPANIES
For nine months an telecommunications industry group comprised of 19 big
and smaller telephone-service providers has been negotiating a plan to
phase out over three years the various local and long-distance payments
companies make to each other for completing calls. But with a final
proposal near, Verizon, BellSouth and T-Mobile have backed out of the
discussion. Company officials worry that consumers would see a jump in
subscriber line charges on their monthly bills and not realize that they
are paying less for long distance and local calls. Gary Epstein, an
attorney who has been facilitating the negotiations, said the group will
continue working on a solution. "I'm hopeful that we'll come to a consensus
view shortly and present the plan" to the FCC. The breakdown could force
regulators to referee the talks and slow down a broader process to
establish telecom regulations that reflect a competitive marketplace that
includes phone calls made via the Internet, among other things. The current
system of intercarrier compensation dates back to the 1984 breakup of AT&T
and was designed to ensure that the local phone monopolies such as Verizon
would have a source of revenue to offset what it used to get from Ma Bell.
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo
annemarie.squeo( at )wsj.com ]
http://online.wsj.com/article/0,,SB108499622996616000,00.html?mod=techno...
(requires subscription)
USAToday: http://www.usatoday.com/usatonline/20040520/6218136s.htm

AT&T HANGS UP ON SOME LOCAL PLANS
Facing increasing rates to lease lines from SBC, AT&T will stop selling two
local telephone service plans in Ohio. In Ohio, regulators recently let SBC
charge $17.18 for every local phone line that long-distance providers lease
and then resell to customers. The price increase of about $3 means AT&T is
now paying SBC more to lease the line than what it actually charges
customers. If AT&T decided to pass on the increases to consumers, it would
be charging them more than SBC does.
[SOURCE: C-Net|News.com, AUTHOR: Ben Charny]
http://news.com.com/AT%26%2338%3BT+hangs+up+on+some+local+plans/2100-103...

SBC UNION WORKERS TO STAGE FOUR-DAY STRIKE
Members of the Communications Workers of America plan to walk off their SBC
jobs at 12:01 a.m. Friday and return to work at 12:01 a.m. Tuesday.
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-sbc20may20,1,3332268....

PRIVACY

NOW THEY'LL KNOW IF YOU READ THEIR E-MAIL
DidTheyReadIt.com launches Monday. It is an online service that allows
anyone to secretly track e-mails they send: whether someone opens the
e-mail, how long the recipient keeps it open, even where geographically the
recipient is reading it. The service comes from Rampell Software of
Cambridge, Mass. DidTheyReadIt.com will cost $50 a year. You register on
the Web site, and then every time you send an e-mail, you add
.didtheyreadit.com to the end. An e-mail address would look like this:
president( at )whitehouse.gov.didtheyreadit.com. You can also download software
that adds tracking code to all outgoing e-mail. While many e-mail users
will feel DidTheyReadIt invades their privacy, many also will feel torn,
predicts Youngjin Yoo, professor of information systems at Case Western
Reserve University. ''You will want to know how others treat your e-mail
messages even if you don't necessary want others to know how you are
treating theirs,'' Yoo says.
[SOURCE: USAToday, AUTHOR:Kevin Maney]
http://www.usatoday.com/usatonline/20040520/6218150s.htm

STREET MAPS IN POLITICAL HUES
Do online databases of political contributions make democracy, well, too
transparent? See what's possible at Fundrace.org, a site that gets 150,000
visitors per day.
[SOURCE: New York Times, AUTHOR: Tom McNichol]
http://www.nytimes.com/2004/05/20/technology/circuits/20dona.html
(requires registration)

SPAM

FTC RULE REQUIRES LABELS ON SEXUALLY EXPLICIT SPAM
A Federal Trade Commission rule went into effect Wednesday requiring that
unsolicited commercial e-mail that contains sexually oriented material
include the words "SEXUALLY EXPLICIT" in the subject line. The rule also
bars graphic images from appearing in the opening body of the message.
Instead, the recipient must take some action in order to see the
objectionable material, either by scrolling down in the e-mail or by
clicking on a provided link. Spammers who violate the rule face possible
imprisonment and criminal fines of up to $250,000 for individuals and
$500,000 for an organization. The FTC rule is not without critics. "This is
a back door effort to violate people's first amendment rights, whether well
intentioned or not," said attorney Jonathan L. Katz. He is a first
amendment lawyer whose clients include members of the adult entertainment
industry.
[SOURCE: Wall Street Journal, AUTHOR: Associated Press]
http://online.wsj.com/article/0,,SB108500142287116094,00.html?mod=politi...
(requires subscription)
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/19/04

Two big events in Washington today. The House Subcommittee on=20
Telecommunications and the Internet will hold a hearing on competition in=20
the communications marketplace and the FCC is holding the Wireless=20
Broadband Forum. For these and other upcoming media policy events, see=20
http://www.benton.org/calendar.htm

Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.

TELEVISION & RADIO
FCC to Audit Broadcasters This Month Under New EEO Rules
Congress Cans a la Carte
The Political Endurance Test
Barton: Cable Indecency Law Coming
Stations Seek Preemption Assurance
Center for Rural Strategies Opposes "Amish in the City"

TELECOM
Rural Telephone Executives Lobby Capitol Hill
SBC Faces Possibility of Strike As Union Gives 24-Hour Notice

MEDIA & POLITICS
Bush's Site Neck and Neck with Kerry's in Traffic Race

TELEVISION & RADIO

FCC TO AUDIT BROADCASTERS THIS MONTH UNDER NEW EEO RULES
Within several weeks, the FCC will send audit letters to about 550 radio=20
stations, 70 TV stations and 70 multichannel video program distributor=20
(MVPD) units, including 5% of cable operators, said Lewis Pulley, Assistant=
=20
Chief of the Policy Division in the FCC=92s Media Bureau, at a National=20
Association of Broadcasters Human Resource Managers meeting Tuesday. The=20
action comes after criticism from the United Church of Christ and other=20
supporters of equal employment opportunity rules. "Given that the new=20
broadcast EEO rules did not go into effect until March 10, 2003, audits=20
conducted in calender year 2003 would not have been productive as=20
broadcasters would not have had ample time to comply and document their=20
compliance with the new regulations,=94 FCC Chairman Powell said. By giving=
=20
broadcasters a year to document
compliance, as broadcast licenses are renewed, they can prepare public file=
=20
reports to the Commission for review, said Chairman Powell. In addition,=20
under the new rules, broadcasters have to adopt supplemental recruitment=20
initiatives over 2 years. It would have been =93extremely difficult=94 for=
=20
broadcasters to comply given the short period
between the effective date of the rules and the audits had they been=20
conducted last year, Chairman Powell said: =93Indeed, for this reason, some=
=20
claim that a truly meaningful audit cannot be conducted until the initial=20
2-year period has passed.=94
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

CONGRESS CANS A LA CARTE
Rep Nathan Deal (R-GA) announced Tuesday that he is withdrawing the a la=20
carte amendment he planned to offer when the House Commerce Committee votes=
=20
on satellite TV legislation next month. Instead, House Commerce Committee=20
Chairman Joe Barton (R-TX) and House Telecommunications Subcommittee=20
Chairman Fred Upton (R-MI) will ask the FCC to study the feasibility of an=
=20
a la carte requirement. Rep Barton told the American Cable Association that=
=20
there was not enough support for a la carte yet.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA419133?display=3DBreaking+News
(requires subscription)
Multichannel news:=20
http://www.multichannel.com/article/CA419079?display=3DBreaking+News

THE POLITICAL ENDURANCE TEST
Why, many critics ask, should people have to pay for offensive fare they=20
don't want? Why not let customers buy a =93family-friendly tier=94 of=20
programming or, better yet, customize their own family-friendly tier by=20
choosing a set number of channels on their own via the a la carte model?=20
=93Some networks would not survive in that environment,=94 says Jill=
Luckett,=20
vice president of program network policy at the National Cable &=20
Telecommunications Association. Creating a small tier of 10 or so=20
"family-friendly" channels would mean less viewers for those stations, the=
=20
cable industry argues, and advertisers would demand lower rates. That would=
=20
eventually put upward pressure on license fees, which would trickle down to=
=20
consumers. =93I just don't buy the economic-model argument,=94 says Laura=20
Mahaney, director of corporate and entertainment affairs of the Parents=20
Television Council. Rather than reduce advertising dollars for programmers,=
=20
Mahaney says niche tiers of programming (in which viewers would pay a flat=
=20
rate for a certain number of channels from an a la carte menu) could give=20
advertisers far more targeted information about viewers =97 raising what=
they=20
pay on a per-subscriber basis. It is unclear whether a la carte or=20
mini-tier legislation will become a reality at some point.
[SOURCE: Multichannel News, AUTHOR: Michael Grebb]
http://www.multichannel.com/article/CA417514?display=3DSupplement&promoc...
=3DSUPP
(requires subscription)

BARTON: CABLE INDECENCY LAW COMING
House Commerce Committee Chairman Joe Barton (R-TX) is again saying=20
publicly that he expects that the cable industry will need to comply with=20
broadcast-indecency rules in the near future. =93It=92s not something we=92r=
e=20
going to do right away, but it=92s an issue that=92s time has come, in my=20
opinion,=94 Rep Barton said in comments Tuesday to the American Cable=20
Association. =93I think we=92re approaching the time where whatever we apply=
to=20
the broadcasters in some way -- voluntarily or involuntarily -- is going to=
=20
be applied to cable. I know that causes some of you folks heartburn, and it=
=20
probably should. But you deserve to hear the truth from the chairman of the=
=20
committee.=94 Rep Barton has made the point that because cable and satellite=
=20
are viewed in more than 90 percent of U.S. homes, =93most Americans don't=20
differentiate between over-the-air and cable or satellite.=94
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA419180?display=3DBreaking+News
(requires subscription)

STATIONS SEEK PREEMPTION ASSURANCE
The Network Affiliated Stations Alliance believes that affiliation=20
agreements of all big networks but CBS "impermissibly prevent and hinder=20
affiliates from exercising discretion expressly protected" by FCC rules.=20
The television stations are seeking protection of the right-to-reject rule.=
=20
The stations say affiliates they are motivated by their desire to turn down=
=20
shows that would be "unsatisfactory or unsuitable" to local audiences or=20
when an affiliate wants to substitute programming of greater local or=20
national importance. The FCC is likely to decide on a petition from the=20
group in coming months and NASA has been lobbying for support in Congress.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA419221?display=3DBreaking+News
(requires subscription)

CENTER FOR RURAL STRATEGIES OPPOSES "AMISH IN THE CITY"
Advocates for rural America today launched a newspaper advertising campaign=
=20
taking on CBS President Leslie Moovnes and UPN television over a proposed=20
reality show, =93Amish in the City.=94 The Center for Rural Strategies, a=
small=20
nonprofit organization based in eastern Kentucky, is running a quarter-page=
=20
advertisement on the op/ed page of Wednesday Philadelphia Inquirer. The ad=
=20
criticizes Moonves and UPN for attempting to make corporate profits by=20
ridiculing Amish youth and rural Americans. The proposed show would=20
transplant Amish teens to a major metropolitan area, place temptation in=20
their path, and tape the teens=92 ensuing struggles of faith. =93What kind=
of=20
person could relish millions of viewers snickering as vulnerable Amish=20
youth are sent up by TV producers for a humiliating up-close and personal=20
fall from grace?=94 the ad asks. Last year, Rural Strategies helped organize=
=20
a national campaign to stop CBS Television from producing a reality show=20
based on =93The Beverly Hillbillies,=94 in which a rural family=92s staged=
=20
encounters with southern California affluence and pop culture would have=20
served as the plotline. CBS is owned by Viacom, which also owns UPN. =93Thes=
e=20
so-called reality show concepts demonstrate how out of touch media giants=20
like Viacom are from real issues in the United States,=94 said Dee Davis,=20
president of the Center for Rural Strategies. =93To them, rural Americans=20
have stopped being real people and become a laugh track that=92s only there=
=20
to generate corporate profits. Any indignity, even testing the religious=20
faith of young people, is just fine as long as it brings in advertising=20
revenue. Well, Viacom is wrong, again.=94 Rural America comprises 80 percent=
=20
of the land area in the United States and is home to 55 million people, or=
=20
20 percent of the U.S. population.
[SOURCE: Center for Rural Strategies Press Release]
http://www.ruralstrategies.org/amish/5.19.release.html

TELECOM

RURAL TELEPHONE EXECUTIVES LOBBY CAPITOL HILL
Members of the Organization for the Promotion and Advancement of Small=20
Telecommunications Companies (OPASTCO) are in Washington, DC this week=20
asking Congress to reform universal service. There are four points the=20
organization wants to deliver: 1) Congress should voice =93strong=20
disapproval=94 of the recommendation by the Federal-State Joint Board to=20
restrict universal service funding to one =93primary=94 phone line per=20
customer. 2) Congress should urge the FCC to adopt a universal service=20
funding methodology for new competing telecos that=92s based on their own=20
costs rather than the costs of the incumbents they compete against. 3) The=
=20
Telecom Act should be amended to assess both intrastate and interstate=20
revenue for contributions to the universal service fund; only interstate=20
revenue is assessed now. 4) The base of contributors should be broadened to=
=20
include =93all facilities-based broadband Internet access providers,=94=20
including cable modem and other broadband platforms. While in town, the=20
representatives of small, independently owned local exchange carriers will=
=20
probably also do some shopping and maybe see a show.
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)

SBC FACES POSSIBILITY OF STRIKE AS UNION GIVES 24-HOUR NOTICE
102,000 members of the Communications Workers of America may strike against=
=20
SBC Communications as early as today at 1pm (eastern). Over the last three=
=20
years, SBC has eliminated 29,000 union jobs from its core local-phone=20
business while not allowing union members to take jobs in expanding growth=
=20
areas of the company's business such as digital subscriber lines (DSL);=20
long-distance; and Wi-Fi, which provide wireless Internet connections.
[SOURCE: Wall Street Journal, AUTHOR: Almar Latour almar.latour( at )wsj.com ]
http://online.wsj.com/article/0,,SB108492424805815246,00.html?mod=3Dtoda...
s_personal_journal
(requires subscription)
SJMerc:=20
http://www.mercurynews.com/mld/mercurynews/business/technology/8701598.htm

MEDIA & POLITICS

BUSH'S SITE NECK AND NECK WITH KERRY'S IN TRAFFIC RACE
According to Nielsen/NetRatings, U.S. visitors to the Sen Kerry's campaign=
=20
Web site numbered 1.6 million last month, while President Bush's site=20
attracted 1.5 million visitors. Sen Kerry, according to Nielsen/NetRatings,=
=20
has a huge lead over President Bush in online advertising impressions, or=20
the number of times an online ad is viewed. In April, Sen Kerry's online=20
ads scored 52 million impressions to President Bush's paltry 5,000. But=20
figures for online ads sponsored by candidates' parties show Republican=20
efforts dwarfing those of Democrats, with 113 million impressions for=20
Republican National Committee-sponsored ads and 63,000 for ads sponsored by=
=20
the Democratic National Committee.
[SOURCE: C-Net|News.com, AUTHOR: Paul Festa]
http://news.com.com/2100-1028_3-5215121.html?tag=3Dnefd.hed
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/18/04

The Community Technology Centers' Network (CTCNet) invites you to join over
600 attendees from around the world in Seattle, Washington for the largest
national gathering of community technology organizations, programs, and
experts addressing technology access, information resources and
applications for underserved communities. For this and other upcoming media
policy events, see http://www.benton.org/calendar.htm

Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. Headlines are compiled by
Kevin Taglang (headlines( at )benton.org) -- we welcome your comments.

TELEVISION & RADIO
TV Has Grown Up. Shouldn't FCC Rules?
Radio to Make Big Noise in Upfront

SPECTRUM
Public Safety Backs Nextel on 1.9GHz

QUICKLY
Study: Media Overload on the Rise
Privacy Protections for Use of Data Mining Technologies

TELEVISION & RADIO

TV HAS GROWN UP. SHOULDN'T FCC RULES?
In an op-ed from Sunday's Post, Clark writes, "It no longer makes any sense
to impose one set of rules on the "over-the-air" networks while cable,
Internet, satellite and music providers can send -- almost unimpeded -- all
sorts of programming directly to your living room, car, laptop and even
your cell phone." The current debate over broadcast indecency standards,
Clark argues, is woefully out of touch with the realities of the digital
world as we now know it and based on a scarcity rationale that is obsolete.
Consumers, not the government, should decide what content makes it into the
home. Clark concludes: Within the next decade it will be impossible to
distinguish between televisions and computers. More cable, satellite and
high-speed broadband means that it is only a matter of time before all
Americans get television over the Internet -- wirelessly or through a pipe
of fiber or copper. It's time to recognize that Congress and the FCC can no
longer be the nation's "public interest" nanny. Instead of trying to
preserve rules from a world that no longer exists, they would do better to
encourage the development of tools that will let us regulate ourselves.
[SOURCE: Washington Post, AUTHOR:Drew Clark]
http://www.washingtonpost.com/wp-dyn/articles/A28452-2004May14.html
(requires registration)
Also see:
FCC ACTION LEAVES FIRST AMENDMENT ON CUTTING ROOM FLOOR
[SOURCE: Media Channel, AUTHOR: Peggy Charren & Jonathan Rintels]
http://www.mediachannel.org/views/dissector/affalert197.shtml
B&C: http://www.broadcastingcable.com/article/CA418082?display=Breaking+News

RADIO TO MAKE BIG NOISE IN UPFRONT
People spend about 20 hours a week listening to radio, compared with 52
hours spent in front of the television. However, while TV receives 23% of
all advertising dollars, radio's share of ad spending is only about 8%.
Radio executives are busy figuring out how they can get a bigger share of
the advertising pie. As TV looks less appealing to advertisers because
people are watching less and skipping commercials whenever possible, some
are considering upfront ad sales for radio. The consolidation of radio
station ownership means the biggest radio companies can compete more
readily with national television networks, selling airtime for a large
group of stations across the country.
[SOURCE: Wall Street Journal, AUTHOR: Sarah McBride sarah.mcbride( at )wsj.com]
http://online.wsj.com/article/0,,SB108483479396713960,00.html?mod=todays...
(requires subscription)

SPECTRUM

PUBLIC SAFETY BACKS NEXTEL ON 1.9 GHZ
On Monday, public safety groups weighed in strongly supporting Nextel
arguments that it should get spectrum at 1.9 GHz as embraced by the
"consensus" plan, and not at 2.1 GHz proposed by the Cellular
Telecommunications & Internet Association and other wireless carriers. The
groups said they have grown "frustrated" with delays tied to the latest
rebanding debate and hope for a quick decision. Within the FCC, all eyes
seem to be on Chairman Powell concerning whether Nextel should get 1.9 GHz
vs 2.1 GHz spectrum, and other Commissioners are waiting for his decision
before they weigh in.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)

QUICKLY

STUDY: MEDIA OVERLOAD ON THE RISE
Investment banker Veronis Suhler Stevenson is predicting that by 2007 the
average American will spend 3,874 hours per year (about 10.5 hrs/day) with
the major consumer media. "Consumers have increased their time spent with
media substantially over the past 25 years, owing to the almost ubiquitous
presence of wired cable in the home, the widespread acceptance of the
Internet as a communication/education/home utility and the development of
the home video and video game markets," noted the company's "Investment
Considerations for the Communications Industry" report. But even though
media consumption has risen steadily, given the accelerated rate of media
expansion and fragmentation, some industry executives have begun wondering
whether we could reach a point where there simply is too much media. Nearly
a third (29 percent) of consumers now feel overwhelmed by the volume of
media options available to them.
[SOURCE: TelevisionWeek, AUTHOR:Joe Mandese]
http://www.tvweek.com/planning/051704study.html

PRIVACY PROTECTIONS FOR USE OF DATA MINING TECHNOLOGIES
The Technology and Privacy Advisory Committee (TAPAC) to the Pentagon,
originally formed to provide advice on the Total Information Awareness
project, has recommended new rules for government data mining projects
involving personal data -- rules that would protect both civil liberties
and national security. TAPAC's final report was issued in March but has
just become publicly available.
Safeguarding Privacy in the Fight Against Terrorism
http://www.cdt.org/security/usapatriot/20040300tapac.pdf
More on data mining: http://www.cdt.org/security/usapatriot/datamining.shtml
[SOURCE: Center for Democracy and Technology]
http://www.cdt.org/
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/17/04

This week's policy events include Congressional hearings on competition in
the communications marketplace and the CAN-SPAM Act, as well as the FCC's
Wireless Broadband Forum. For more media policy events, see
http://www.benton.org/calendar.htm

Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. Headlines are compiled by
Kevin Taglang -- we welcome your comments.

TELEVISION & RADIO
FCC's Localism Task Force Public Hearing in Rapid City, South Dakota
More Money for Broadcast Networks
The Political Standard
Indecency Bill Prospects Dimming
Some A La Carte Calls Cite Net 'Porn'
Masses Tune Into HDTV
With Second Channel, FM Branches Out
NFCB Seeks Unit to Assist Native Radio

TELECOM
AT&T Is Rebuffed By Regional Bells On Arbitration
Ventures Aim to Cut Cost of Overseas Cell Calls to Pennies
Craig McCaw's Secret Plan
New Telephone Subscribership Report

FUNDING FOR INDEPENDENT PRODUCERS

TELEVISION & RADIO

FCC'S LOCALISM TASK FORCE PUBLIC HEARING IN RAPID CITY, SOUTH DAKOTA
The FCC's Localism Task Force will meet Wednesday evening May 26 in Rapid
City, South Dakota. The purpose of the hearing is to gather information
from consumers, industry, civic organizations, and others on broadcasters'
service to their local communities. An important focus of the hearing will
be to gather information and to conduct outreach for the ongoing nationwide
round of broadcast station license renewals. The designated speakers will
include representatives from consumer and advocacy groups as well as
broadcasters. The hearing format will enable members of the public to
participate via an "open microphone" session. Additional details regarding
the designated speakers, agenda, and hearing format will be announced shortly.
For additional information about the hearing or the Localism Task Force,
please visit the Task Force's website at http://www.fcc.gov/localism, or
contact the Task Force directly at 202-418-7777, or at
localism( at )fcc.gov. Press inquiries should be directed to Michelle Russo at
202-418-2358, or Meribeth McCarrick at 202-418-0654.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1380A1.doc

MORE MONEY FOR BROADCAST NETWORKS
This week, television broadcasters will introduce their 2004-5 prime-time
schedules and will be trying to charge more for ad time - even though
ratings for the 2003-4 season among viewers ages 18 to 49, the ones most
coveted by advertisers, are expected to decline about 6 percent from
2002-3. Forecasts call for an estimated revenue increase for the
broadcasters - ABC, CBS, Fox, NBC, UPN and WB - of 3 to 5%, to $9.6 billion
to $9.8 billion, from $9.3 billion sold in the upfront market in spring
2003 ahead of the 2003-4 season. By comparison, the $9.3 billion
represented an increase of 15 percent over the $8.1 billion sold in spring
2002 ahead of the 2002-3 season. "Cable TV is going to make gains year to
year because the dollars are following the eyeballs," said Andy Donchin,
executive vice president and director for national broadcast at Carat North
America in New York, referring to cable's rising viewership because of
popular series like "Monk" on USA and "Punk'd" on MTV. "But I and my fellow
buyers still see a great inherent value in broadcast network television,"
said Mr. Donchin. "It still brings a lot to the table for us." Broadcast TV
is still the place to find very large audiences. And the advertisers that
are likely to increase their spending this year are the ones who favor TV:
"big box" retailers like Lowe's, Kohl's, Wal-Mart, Target, fast food,
movies, prescription drugs and telecommunications.
[SOURCE: New York Times, AUTHOR: Stuart Elliott]
http://www.nytimes.com/2004/05/17/business/media/17adcol.html
(requires registration)
WSJ: For Big Marketers Like AmEx, TV Ads Lose Starring Role
http://online.wsj.com/article/0,,SB108474859657412894,00.html?mod=todays...
(requires subscription)

THE POLITICAL STANDARD
The Alliance for Better Campaigns is a public interest group that seeks to
improve elections by promoting campaigns in which the most useful
information reaches the greatest number of citizens in the most engaging
ways. ABC believes that broadcasters can and must use the publicly-owned
airwaves to revitalize our democracy and is working to put meaning back
into broadcasters' statutory obligation to serve the public interest. ABC
publishes an occasional magazine, The Political Standard, and this month's
issue contains a number of stories of interest for media reformers:
* Public Interest, Public Airwaves Coalition Kicks Off National Campaign at
Broadcasters' Trade Show in Vegas
Calling current local news coverage of politics and civic affairs
"pathetic" and "pitiful," Federal Communications Commissioners Michael
Copps and Jonathan Adelstein endorsed a proposal by the newly formed Public
Interest, Public Airwaves Coalition (PIPAC) that calls for stronger public
interest obligations for broadcasters.
* Network News Coverage of '04 Primaries Falls Short, Study Finds
According to a new study by the Alliance for Better Campaigns, the four
major networks (ABC, CBS, NBC and Fox) devoted just eight percent of their
news hole to election coverage in the two weeks leading up to the Super
Tuesday primaries.
* Station Groups Make Plans for 2004 Election Coverage
Five broadcast companies have pledged to provide air time for candidates on
their television stations in the fall campaign.
* On Broadcast Television, A Failure To Communicate
A message from the groups executive director, Meredith McGehee
* Why Hearst-Argyle Television Believes in Political Coverage
A piece by Candy Altman, Vice President for News at Hearst-Argyle Television
* Coalition Proposes New Guidelines for Civic Discourse As FCC Considers
Rules for Digital Broadcasters
[SOURCE: Alliance for Better Campaigns]
http://www.bettercampaigns.org/standard/display.php?IssueID=44

INDECENCY BILL PROSPECTS DIMMING
With just over a month of working days left in the current Congress,
prospects are dimming for passing legislation aimed at curbing indecent
broadcast content. The main hurdle appears to be in the Senate where John
Sununu (R-NH) will hold up the bill unto provisions to block the FCC's
relaxation of media ownership rules are removed. The odds on the bill are
now 50/50 as the memory of Janet Jackson slowing melts away.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA417967?display=Breaking+News
(requires subscription)

SOME A LA CARTE CALLS CITE NET 'PORN'
"On cable television, you've got programming that is, in essence, soft-core
pornography in the basic package, such as on MTV," says Janet M. LaRue,
chief counsel of Concerned Women for America, a 500,000-member organization
with a right-of-center agenda. Concerned Women are leading a fight in
Congress to introduce a la carte pricing of pay-TV services, allowing
consumers to pay only for the channels they want. Consumer groups are also
part of the effort, arguing that it could lower cable bills. But the cable
industry does not like the plan and is fighting against it. "Cable
television is sold as a bundle of channels, which offers the best value to
consumers," National Cable & Telecommunications Association Brian Dietz
spokesman said. "Any move toward an a la carte mandate would only result in
less choice and higher prices for consumers."
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA417950?display=Top+Stories
(requires subscription)

MASSES TUNE INTO HDTV
High definition television offers prettier pictures and better sound. And
people are starting to buy up HDTV sets. According to the Consumer
Electronics Association, manufacturer-to-dealer digital TV sales for the
first quarter of 2004 totaled 1.39 million, a 104% climb over the same
period in 2003. By 2007, nearly one-third of American households will be
tuning in to HD programs. "Two or three years ago, people were calling HDTV
a failure," says Gary Shapiro, chief executive of the CEA. Today, Shapiro
says, "I have very little worries." The price of HDTV sets are falling
10-30% per year and more HDTV content is available: As of late February,
CBS was airing 27 hours a week of its usual programming in HD, not counting
specials. NBC and ABC were broadcasting 21 hours and 13 hours of usual
programming, respectively.
[SOURCE: USAToday, AUTHOR:Edward C. Baig]
http://www.usatoday.com/usatonline/20040517/6206905s.htm

WITH SECOND CHANNEL, FM BRANCHES OUT
As the FCC considers rule for digital radio, stations are beginning to
think about how they will use the technology to serve their communities.
Digital radio technology allows broadcasters to split one FM channel into
two. Stations' plans to use the second channel include more musical
programming, re-airing local programming at different times, running longer
versions of interviews used in shows, serving foreign-language audiences
and neighborhood-targeted programming for young people. National Public
Radio pioneered the technology under the name Tomorrow Radio and is helping
to introduce it to both stations and listeners. Assuming the FCC approves
the signal split, NPR will provide two free streams for stations: Classical
Public Radio Network and a news/talk stream still in development with help
from Public Radio Program Directors Association.
[SOURCE: Current, AUTHOR: Mike Janssen]
(http://www.current.org/)

NFCB SEEKS UNIT TO ASSIST NATIVE RADIO
The National Federation of Community Broadcasters has asked the Corporation
for Public Broadcasting for more than $1 million to establish a Center for
Native Radio to seek out nontraditional funding sources for the
approximately 30 radio stations serving Native American audiences. The
center would help very small radio stations with grant applications and
technical support. Traditional funding models for public radio stations --
membership drives and underwriting campaigns -- simply don't work at
reservation-based stations, said Carol Pierson, president of NFCB,
explaining the need for the center. The populations are too small and too
rural, businesses and industry are lacking, unemployment is usually rampant
and the more educated people tend to move away.
[SOURCE: Current, AUTHOR: Geneva Colins]
http://www.current.org/minority/minority0408native.shtml

TELECOM

AT&T IS REBUFFED BY REGIONAL BELLS ON ARBITRATION
On Friday, AT&T Chief Executive David Dorman said the company is
"frustrated by the lack of progress in negotiations to date," and called
for the use of arbitration to break the impasse with Baby Bells. Parties to
arbitration must abide by the final agreement. But the Bells have rebuffed
the proposal. Mark Cooper of the Consumer Federation of America backed
AT&T's call for arbitration. The group is concerned that higher wholesale
rates could raise prices for consumers or price Bell competitors out of the
market. "AT&T has realized that the Bells are not interested in a
reasonable solution and has upped the ante by proposing binding
arbitration," Mr. Cooper said. "This approach can provide the needed
breakthrough that levels the playing field among competitors and ensures
long-term competition to the benefit of consumers."
[SOURCE: Wall Street Journal, AUTHOR: Mark Wigfield
mark.wigfield( at )dowjones.com ]
http://online.wsj.com/article/0,,SB108458420969712296,00.html?mod=todays...
(requires subscription)

VENTURES AIM TO CUT COST OF OVERSEAS CELL CALLS TO PENNIES
Internet telephone services are coming to cell phones now and could greatly
reduce the costs of making wireless international calls. "It puts the
cellphone providers under attack for the first time," said Rick Scherle,
vice president for marketing at i2Telecom. "The land-line guys have been
wrestling this technology," he said. "We're telling the cellphone guys that
you have to grapple with it now, too." Cellphone calls to London, for
example, are usually $1.75/minute. Using InternetTalker, a cellphone user
would pay just the price of a local call plus three cents per minute.
[SOURCE: New York Times, AUTHOR: Ken Belson & Matt Richtel]
http://www.nytimes.com/2004/05/17/business/17voip.html
(requires registration)

CRAIG MCCAW'S SECRET PLAN
What's Craig McCaw up to? This is the talk of the telecom industry. The man
who put together the first nationwide cellular company -- and sold it to
AT&T for $11.5 billion -- is now buying companies in the wireless broadband
sector. Over the next two years, the costs of wireless broadband are
expected to drop to the point where it can be competitive -- anyplace in
the country -- with traditional wired service from cable and telephone
companies. With the radio licenses he's purchased, Mr McCaw could offer
coast-to-coast Net service at speeds roughly the same as today's broadband.
Insiders say he may soon be offering wireless broadband Internet access
with local and long distance phone service bundled in for $40-$50/month --
a similar bundle from a telephone company costs consumers $100/month now.
[SOURCE: BusinessWeek, AUTHOR: Andrew Park]
http://www.businessweek.com/magazine/content/04_21/b3884110_mz063.htm

NEW TELEPHONE SUBSCRIBERSHIP REPORT
On Friday, the FCC released its latest report on telephone subscribership
levels in the United States, showing that approximately 94.7% of all
households had telephone service. The report presents subscribership
statistics based on the Current Population Survey (CPS) conducted by the
Census Bureau in November 2003. The report also shows subscribership
levels by state, income level, race, age, household size, and employment
status. Highlights include: 1) The telephone penetration rate was 79.4% for
households with annual incomes below $5,000, while the rate for households
with incomes over $75,000 was 98.4%. 2) By state, the penetration rates
ranged from a low of 89.7% in Arkansas to a high of 98.0% in Maine. 3)
Households headed by whites had a penetration rate of 95.5%, while those
headed by blacks had a rate of 89.7% and those headed by Hispanics had a
rate of 90.5%. 4) By age, penetration rates ranged from 86.5% for
households headed by a person under 25 to 97.0% for households headed by a
person over 70. 5) Households with one person had a penetration rate of
91.7%, compared to a rate of 96.2% for households with four or five
persons. 6)The penetration rate for unemployed adults was 92.2%, while the
rate for employed adults was 95.9%.
This report is updated three times a year and is available online from the
FCC-State Link Internet site at http://www.fcc.gov/wcb/iatd/stats.html. For
more information contact Alexander Belinfante at (202) 418-0944
[SOURCE: FCC]
(http://www.fcc.gov)

FUNDING FOR INDEPENDENT PRODUCERS

LOCAL INDEPENDENTS COLLABORATING WITH STATIONS (LInCS) FUND provides
incentive or matching moneys ($10,000-$75,000) to partnerships between
public television stations and independent producers. Single shows in any
genre (including documentary, drama, animation or innovative combinations)
will be considered. Projects may be in any stage of development. Deadline
for applications is May 26. For additional information email
Elizabeth_Meyer( at )itvs.org or call 415-356-8383 x270.
[SOURCE: Independent Television Service]
http://www.itvs.org/producers/funding.html
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/14/04

For upcoming media policy events, see http://www.benton.org/calendar.htm

BROADCASTING & TELEVISION
Wireless Broadband Services Using Vacant TV Channels
Speeding the DTV Transition
FCC Indecency Rules Harming Adults and Children
How Big Can Comcast Grow?
TV Ratings, Minorities and a Study in Futility
Minority Media & Telecommunications Council Opposes a la Carte
Satellite Broadcasting & Communications Association to Stations: Use It or=
=20
Lose It

TELECOM
Bush Doesn't Want Telecom Win to Backfire
Telecom Rules Are Proposed
About 2.6 Million U.S. Consumers Move Phone Numbers

QUICKLY
FEC Declines to Curb Independent Fund-Raisers
Court Takes Gag off Antispam Service

BROADCASTING & TELEVISION

WIRELESS BROADBAND SERVICES USING VACANT TV CHANNELS
In an initiative to increase the use of radio spectrum to provide greater=20
service to the American public, the FCC Thursday proposed to allow=20
unlicensed devices to operate in the broadcast television spectrum at=20
locations where the spectrum is not in use by television stations. In=20
order to ensure that no interference is caused to TV stations and their=20
viewers, the Commission proposed to require unlicensed devices to=20
incorporate "smart radio" features to identify unused TV channels. These=20
proposals advanced by the Commission are intended to allow the development=
=20
of new and innovative types of unlicensed broadband devices and services=20
for businesses and consumers by utilizing vacant spectrum that is=20
particularly well suited for these purposes. Due to the physics of signal=
=20
propagation, transmissions in the TV band can travel farther and can better=
=20
penetrate into buildings than transmissions in the spectrum where existing=
=20
unlicensed wireless broadband operations are permitted. As a result,=20
allowing unlicensed operations in the TV bands could benefit wireless=20
Internet service customers by extending the service range of current=20
providers' (WISPs) existing operations, particularly in rural and=20
underserved areas. The Commission believes that by carefully tailoring=20
this initiative to protect incumbent television service, it provides a=20
balanced proposal for the American public, for WISPs and for television=20
station operators. These proposals also have the potential to provide=20
benefits to broadcasters as well, as they may facilitate the provision of=20
interactive TV services.
The proposal does not come without opposition. "We have serious concerns=20
that the introduction of unlicensed devices into the television band could=
=20
result in unforeseen interference in broadcast service to millions of=20
television viewers," said National Association of Broadcasters President=20
Edward Fritts. "Someone could start making money in a way we did not think=
=20
of," added Benton's Headlines editor.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247169A1.doc
See coverage by:
Reuters:=20
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D5...
71&pageNumber=3D0
B&C: http://www.broadcastingcable.com/article/CA417287?display=3DBreaking+Ne=
ws
Multichannel News:=20
http://www.multichannel.com/article/CA417186?display=3DBreaking+News
New America Foundation/Media Access Project Press release in support of=
action:
http://www.mediaaccess.org/press/NAFMAP_Release51304.pdf
WSJ:=20
http://online.wsj.com/article/0,,SB108448269759511064,00.html?mod=3Dtoda...
s_marketplace
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-fcc14may14,1,4647583....
y?coll=3Dla-headlines-pe-business

SPEEDING THE DTV TRANSITION
The New America Spectrum Policy team has released an issue brief outlining=
=20
the organization's proposal to speed the transition from analog to digital=
=20
television technology. The New America plan calls for 1) ending analog=20
broadcasts and returning spectrum by January 1, 2008, 2) allocating=20
returned spectrum for public safety, licensed and unlicensed use, 3)=20
scheduling spectrum auctions for the licensed portion for 2006, 4) using a=
=20
fraction of auction revenue to subsidize consumers switch to digital TV=20
(either set-top convertors, new digital TV sets or cable/satellite boxes),=
=20
5) beginning digital must carry on January 1, 2008 and 6) translating=20
broadcasters' public interest obligations to the digital environment. The=20
"producer subsidy" program adopted by the FCC is the 1990s is not working,=
=20
the authors conclude; it is time to try a "consumer subsidy" program.
[SOURCE: New America Foundation, AUTHOR: J.H. Snider and Michael Calabrese]
http://www.newamerica.net/Download_Docs/pdfs/Pub_File_1575_1.pdf

FCC INDECENCY RULES HARMING ADULTS AND CHILDREN
Creative, original, challenging, controversial, non-homogenized decent and=
=20
appropriate programming, already in short supply on television, is severely=
=20
endangered by the FCC=92s overly-broad, vague new indecency rules, write=20
Center for Creative Voices in Media (CCVM) Executive Director Jonathan=20
Rintels and CCVM Advisory Board Member Peggy Charren, the founder of Action=
=20
for Children=92s Television, in a May 11th letter to FCC Chairman Michael=20
Powell asking that the Commission reconsider its new indecency rules. The=20
letter notes the new, significantly expanded regulation of creative content=
=20
by the FCC, as articulated in its Golden Globes decision on Bono=92s=20
impromptu use of the F-word and the support of the new policy on the=20
grounds that it is necessary to protect =AD and in the best interests of --=
=20
America=92s children. But the Golden Globes =91cure=92 for indecent=
programming=20
is proving worse than the disease, the letter states. It goes too far and=20
is by no means the least restrictive alternative available for the problem=
=20
of indecent programming. It does not serve the public=92s interest =AD=20
including the interest of America=92s children -- in a vibrant and diverse=
=20
media.
See a link to the letter at the URL below.
[SOURCE: Center for Creative Voices in Media]
http://www.creativevoices.us/php-bin/news/showArticle.php?id=3D85&PHPSES...
=3D2bcc8a60ce5c18e364c5b47a9d8f230f

HOW BIG CAN COMCAST GROW?
A coalition of consumer groups led by the Media Access Project has asked=20
the FCC to block any acquisitions by cable giant Comcast until a cable=20
ownership cap has been decided. The FCC is required by law to set a cap for=
=20
cable ownership, but has been lax in doing so. Schwab Capital Markets=20
analyst Paul Gallant, former media aide to FCC Chairman Powell and an=20
architect of the FCC=92s broadcast media ownership rules, said media=20
consolidation issues are less predictable at the FCC than they used to be.=
=20
=93But I anticipate the Commission would approve a Comcast-Adelphia merger,=
=20
subject to compliance with its ultimate decision on a new cable cap. It=20
could be difficult for the mergers=92 opponents to establish consumer harm=
=20
through a 5% increase in Comcast=92s size.=94 An underlying issue is=20
programming. Does the size of Comcast or rival Time Warner create any=20
impediments to programming reaching an audience? The industry argues "no"=20
because of competition from satellite. Consumer groups disagree; they say=20
cable has a stranglehold over program distribution.
[SOURCE: Communications Daily, AUTHOR: Brigitte Greenberg]
(Not available online)

TV RATINGS, MINORITIES AND A STUDY IN FUTILITY
More than a month after announcing the creation of a task force to=20
investigate complaints about the way it plans to gather local television=20
ratings, Nielsen Media Research has yet to appoint a single task force=20
member. Congressman Charles Rangel (D-NY) has sent the company a list of=20
about 50 people who have expressed interest in serving on the task force,=20
many of them blacks and Hispanics working in the advertising and media=20
industries. Nielsen is claiming that the company has nothing to do with the=
=20
task force and is awaiting appointments by Rep Rangel.
[SOURCE: New York Times, AUTHOR: Raymond Hernandez]
http://www.nytimes.com/2004/05/14/business/media/14nielsen.html
(requires registration)

MINORITY MEDIA & TELECOMMUNICATIONS COUNCIL OPPOSES A LA CARTE
In a letter to key Members of Congress, including House Commerce Committee=
=20
Chairman Joe Barton (R-TX), ranking member John Dingell (D-MI), and Senate=
=20
Commerce Chairman John McCain (R-AZ), Minority Media & Telecommunications=20
Council Executive Director David Honig said that a requirement that cable=20
systems offer their service a la Carte, with subscribers able to build=20
their own lineups, would hurt diversity. "By locking in the current channel=
=20
lineup and locking out new multicultural channels," he said, "a la carte=20
would unintentionally deprive the next generation of viewers of a broad=20
spectrum of programming and opinions." He pointed out in the letter that=20
since the cable industry is using the same argument against a la carte,=20
i.e. that it would disadvantage the multicultural channels on their=20
systems, they should pledge to make sure that their basic and expanded=20
basic tiers include "channels provided by minority-controlled companies and=
=20
feature channels provided by companies that embrace diversity in their=20
workforces."
See MMTC statement at http://mmtconline.org/pr/MMTCalacarte.pdf
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA417180?display=3DBreaking+News
(requires subscription)

SATELLITE BROADCASTING & COMMUNICATIONS ASSOCIATION TO STATIONS: USE IT OR=
=20
LOSE IT
Speaking at a Media Institute luncheon audience in Washington, Richard=20
DalBello, the new president of the Satellite Broadcasting & Communications=
=20
Association, told broadcasters that satellite operators would like to=20
borrow the customers broadcasters are serving with digital TV signals. The=
=20
satellite industry wants to secure the right to import HDTV signals in=20
markets where subscribers can't get a similar signal from a local=20
broadcaster. Broadcasters oppose the move. The proposal is one change Mr.=20
DalBello would like to see in the Satellite Home Viewer Improvement Act=20
moving through Congress, although he admitted the change is unlikely to be=
=20
made.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA417256?display=3DBreaking+News
(requires subscription)

TELECOM

BUSH DOESN'T WANT TELECOM WIN TO BACKFIRE
Could local phone competition become a 2004 Presidential election issue?=20
The Bush campaign hopes not. FCC Chairman Powell has a victory of sorts=20
when a federal appeals court threw out FCC rules that required the Baby=20
Bells to lease their local phone system to rivals at cut-rate prices (the=20
rules were passed without his support). But absent those rules, the baby=20
Bells are looking to raise the rates they charge competitors and those=20
companies are likely to pass those rate hikes on to consumers. Now, the=20
Republican majority at the FCC, as well as Michael Gallagher, the Commerce=
=20
Department's acting assistant secretary for communications and information,=
=20
are applying intense pressure to the nation's biggest phone companies to=20
quickly reach a resolution that keeps a lid on rates short-term. It also=20
would avoid a Supreme Court appeal that would prolong the uncertainty.=20
"They don't want a war within the Republican majority of the FCC, an=20
advertising fight between the Baby Bells and their rivals or, worst of all,=
=20
telephone prices going up," says Mark Cooper, research director for the=20
Consumer Federation of America, a nonprofit group in Washington. "Any of=20
these has a political cost."
[SOURCE: Wall Street Journal, AUTHOR: AnneMarie Squeo=20
annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB108448745878411279,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

TELECOM RULES ARE PROPOSED
For four years, California Public Utilities Commission Chairman Carl Wood=20
has been trying to adopt a telecom consumer bill of rights to protect=20
Californians against questionable practices by telephone companies. The=20
proposal has been tweaked a number of times to gain a majority on the PUC=20
and a final version of the proposal was to be voted on May 27. But two=20
commissioners, one who had been seen as supporting Chairman Wood's=20
proposal, have offered alternative plans late in the game that put the bill=
=20
of rights in jeopardy.
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-telecom14may14,1,6813...
story?coll=3Dla-headlines-pe-business

ABOUT 2.6 MILLION U.S. CONSUMERS MOVE PHONE NUMBERS
Roughly 2.6 million U.S. consumers have moved their telephone number=20
between wireless carriers or between a wireless phone and a home telephone=
=20
since November.
[SOURCE: Reuters, AUTHOR: Jeremy Pelofsky]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DSPJGDKWF5FRYYCRBAE...
Y?type=3DtechnologyNews&storyID=3D5138540
FCC release:=
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247162A1.doc
WSJ: 'Portability' Hasn't Boosted Churn, FCC Official Says
http://online.wsj.com/article/0,,SB108447278806210811,00.html?mod=3Dtoda...
s_marketplace

QUICKLY

FEC DECLINES TO CURB INDEPENDENT FUND-RAISERS
Just when you thought soft money was out of elections, the Federal Election=
=20
Commission has decided to let it back in. 527 committees, named for the=20
section of the tax code that covers them, can continue to raise and spend=20
money in the 2004 election after the FEC refused to put spending limits on=
=20
these independent political groups. Campaign finance experts called the=20
commission's decision its most significant one so far concerning a sweeping=
=20
new campaign finance law enacted by Congress in 2002. The law banned=20
federal candidates and national political parties from collecting soft=20
money, which grew into the hundreds of millions and was a primary source of=
=20
support in the last presidential race. "The commission has failed to close=
=20
a loophole that dangerously undermines the purpose of the federal campaign=
=20
finance laws," said Sens John McCain (R-AZ) and Russ Feingold (D-WI) in a=20
joint statement. "As a result, a flood of soft money will enter the system=
=20
which will violate the letter and the spirit of the law."
[SOURCE: New York Times, AUTHOR: ]
http://www.nytimes.com/2004/05/14/politics/campaign/14fec.html
(requires registration)
WP: http://www.washingtonpost.com/wp-dyn/articles/A24033-2004May13.html
WSJ:=20
http://online.wsj.com/article/0,,SB108446576670510669,00.html?mod=3Dtoda...
s_page_one

COURT TAKES GAG OFF ANTISPAM SERVICE
U.S. District Court Judge Saundra Brown Armstrong has rescinded a temporary=
=20
restraining order against antispam operation SpamCop, in an early blow to a=
=20
case brought by self-professed "Spam King" Scott Richter. SpamCop may again=
=20
transmit complaints it receives about Mr. Richter's OptIn (and its=20
subsidiaries, divisions, companies, etc.) to ISPs.
[SOURCE: C-Net|News.com, AUTHOR: Stefanie Olsen ]
http://news.com.com/2100-1024_3-5212233.html?tag=3Dnefd.top
--------------------------------------------------------------
Have a great weekend; we'll be back on Monday.
--------------------------------------------------------------