July 2004

For upcoming media policy events, see 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.

FCC OPEN MEETING AGENDA
The FCC will hold an open meeting Thursday, July 8. The agenda includes=20
these items: 1) the Consumer & Governmental Affairs Bureau will present a=20
report on the Commission's "Lands of Opportunity: Building Rural=20
Connectivity" outreach initiative that is designed to ensure all Americans=
=20
living in rural areas have access to affordable and quality=20
telecommunications services; 2) a Report and Order concerning changes to=20
several technical rules for unlicensed radio frequency devices; 3) a Report=
=20
and Order and Further Notice of Proposed Rulemaking concerning deployment=20
of wireless services in rural areas; 4) a Second Report and Order, Order on=
=20
Reconsideration, and Second Further Notice of Proposed Rulemaking=20
concerning policies and procedures to promote the development of secondary=
=20
markets in wireless radio spectrum usage rights; 5) a Second Report and=20
Order concerning the reinterpretation of unbundling obligations of Baby=20
Bells; and 6) Nextel "consensus" rebanding plan.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-249217A1.doc

MEDIA POLICY
Get Ready To Rumble
Copps Feels Vindicated by Court Ruling
Broadcast Localism NOI

INTERNET
You've Got Mail (and Court Says Others Can Read It)
Parties to Allow Bloggers to Cover Conventions for First Time
New Exchange Aims a Kick at Public Radio

MEDIA POLICY

GET READY TO RUMBLE
McConnell writes that the debate over broadcast indecency comes down to one=
=20
question: Do the rights of a parent concerned about sexual and violent=20
images on TV trump the constitutionally protected artistic freedom of a=20
producer or actor? The FCC will be the battleground as the Commission=20
considers a new fine against Viacom's Infinity radio stations that=20
broadcasted Howard Stern programs that included racy content. The fine=20
could reach $1.5 million, but Infinity is expected to appeal the ruling.=20
The Commission is also considering fines against Viacom's CBS TV stations=20
that aired Janet Jackson's breast during the Super Bowl. That fine could=20
reach $550,000, but Viacom will probably appeal that ruling, too. NBC and=20
others are also appealing the Golden Globes ruling saying the rules do not=
=20
consider the context of "indecent" words and because the rules do not spell=
=20
out, beyond the single word (%&*$), which words are off-limits. There's=20
also a battle to be fought at Congress which is likely to consider in=20
September legislation which would increase the dollar amount of fines for=20
indecent broadcast content. Already, the largest media companies are=20
launching an offensive, joining forces to challenge higher fines in court=20
as soon as they are enacted. Their aim isn't just to prevent higher fines=20
but to convince federal judges that the FCC's anti-indecency regulations=20
should be struck down in their entirety.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA434054?verticalid=3D311&indus...
=3DTop+of+the+Week&industryid=3D1024
(requires subscription)

COPPS FEELS VINDICATED BY COURT RULING
For many months, FCC Commissioner Michael Copps told anyone who would=20
listen that the Republican majority at the Commission was going to far in=20
loosening media ownership rules -- and doing it in the wrong way, too. Last=
=20
month, the 3rd Circuit released a decision to overturn the FCC's rules=20
changes. The rules, the court said, =93all have the same essential flaw: an=
=20
unjustified assumption that media outlets of the same type make an equal=20
contribution to diversity and competition in local markets.=94 The court=20
strongly rebuked the FCC's Diversity Index =97 basically, a formula for=20
calculating ownership diversity in a local market for the purpose of=20
deciding which mergers to allow and which to block. The court also said the=
=20
FCC accorded the Internet too much weight as a source of local news in=20
competition with TV and radio stations. Commissioner Copps feels=20
vindicated. =93I think it's time to really get serious around this place,=94=
he=20
told reporters gathered in his office last Wednesday. =93It's time to start=
=20
over and do it right.=94 Before the FCC adopts new rules, Commissioner=
Copps=20
wants the five commissioners to hold at least six public hearings around=20
the US, as well as commission independent studies on the impact of media=20
consolidation on minorities, small businesses, families with children and=20
independent programmers. =93I think the hearings we should start right=
away,=94=20
Commissioner Copps said. =93Hit the road, get out of D.C. They refused to do=
=20
it last time.=94 Commissioner Copps said the FCC could adopt new ownership=
=20
rules by the end of 2005.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA434078?display=3DPolicy
(requires subscription)

BROADCAST LOCALISM NOI
On July 1, the FCC released a Notice of Inquiry (NOI) on how broadcasters=20
are serving the interests and needs of their communities. The Commission is=
=20
asking if it needs to adopt new policies, practices, or rules designed=20
directly to promote localism in broadcast television and radio; and what=20
those policies, practices, or rules should be. Topics in the NOI include:=20
1) Communication with Communities, 2) the Nature and Amount of=20
Community-Responsive Programming, 3) Political Programming, 4) Underserved=
=20
Audiences, 5) Disaster Warnings, 6) Network Affiliation Rules and 7)=20
License Renewal. Comments are due September 1; reply comments are due=20
October 1.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-129A1.doc

INTERNET

YOU'VE GOT MAIL (AND COURT SAYS OTHERS CAN READ IT)
Last week a federal appeals court in Boston ruled that federal wiretap laws=
=20
do not apply to e-mail messages if they are stored, even for a millisecond,=
=20
on the computers of the Internet providers that process them - meaning that=
=20
it can be legal for the government or others to read such messages without=
=20
a court order. The court was interpreting the Stored Communications Act of=
=20
1986 which allows prosecutors access to stored messages with a search=20
warrant, while imposing stricter requirements on parties in civil suits.=20
But the law offers much protection for messages already opened by users and=
=20
stored on an Internet provider's computer system. Prosecutors can typically=
=20
gain access to an opened e-mail message with a simple subpoena rather than=
=20
a search warrant. Similarly, lawyers in civil cases, including divorces,=20
can subpoena opened e-mail messages. The ruling is important because most=20
email messages make several momentary stops as they are processed by=20
various computers en route to their destination. More at the URL below.
[SOURCE: New York Times, AUTHOR: Saul Hansell]
http://www.nytimes.com/2004/07/06/technology/06net.html
(requires registration)

PARTIES TO ALLOW BLOGGERS TO COVER CONVENTIONS FOR FIRST TIME
Both the Democratic National Convention and the Republican National=20
Convention this summer will give media credentials to select bloggers.=20
Neither party has ever allowed bloggers to cover one of its presidential=20
conventions firsthand -- and the decision seems to promise a clash of two=20
very different cultures. The conventions have become carefully staged=20
productions intended, primarily, to reintroduce the parties' nominees to=20
the general public. Independent blogs -- especially those focusing on=20
politics -- are far more freewheeling, their authors mixing fact with=20
opinion and under no obligation to be either fair or accurate. It is not=20
clear how the Democratic Party will decide among the more than 60 bloggers=
=20
who have applied for credentials. Convention officials said they are=20
considering three criteria: the size of the blogger's audience, the=20
"professionalism" of the site and the amount of original material it=
includes.
[SOURCE: Washington Post, AUTHOR: Brian Faler]
http://www.washingtonpost.com/wp-dyn/articles/A29588-2004Jul5.html
(requires registration)

NEW EXCHANGE AIMS A KICK AT PUBLIC RADIO
Although independent production of radio shows has never been easier,=20
finding an audience (and a way to get paid) is still very hard. Enter PRX=20
-- the Public Radio Exchange, a fledgling nonprofit Web site. It is part=20
radio distribution service and part peer-review resource. For a minimum $50=
=20
annual fee, a producer can post audio material on PRX for audition and=20
licensing. Other members then listen -- free -- or acquire the feature or=20
news piece for broadcast. Executive Director Jake Shapiro says the intent=20
is not only to help producers but also to give public radio a good "kick."=
=20
"Public radio needs to figure out what public service media means in a=20
commercial and consumer culture." PRX, he claims, will make broadcasters=20
aware of new talent, voices, ideas, models and "new ways to connect [their]=
=20
listeners to the world." The service launched last September and now has=20
over 2,700 members. PRX is supported by grants from the Corporation for=20
Public Broadcasting, the MacArthur Foundation, the National Endowment for=20
the Arts, the Commerce Department and other organizations, as well as by=20
membership fees.
[SOURCE: Washington Post, AUTHOR: Alex van Oss]
http://www.washingtonpost.com/wp-dyn/articles/A29919-2004Jul5.html
(requires registration)
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