September 2004

Benton's Communications-related Headlines for 9/30/04

Check local listings for coverage of the first debate between President
Bush and Senator Kerry.
For upcoming media policy events, see http://www.benton.org/calendar.htm

THE NAB WINS AGAIN!
Senate Puts Limits on FCC's Waiver Ability
Lobbying Juggernaut
Most Broadcasters Carry Digital Signals At Low Power

MEDIA & ELECTIONS
Fox Shuns Debate Restrictions
Big Brother Barton

INTELLECTUAL PROPERTY AND PRIVACY
Senate Bill Aims at Makers of File-Sharing Software
Carriers Promise Congress Wireless 411 Will Protect Privacy
California Governor Vetoes Privacy Bills

QUICKLY
A Caution on Kids, Technology

UPCOMING CONFERENCES
Communication, Information and Internet Policy (TPRC)
Making the Grade?: A Report Card on US Policies for
the Information Society (CPSR)

THE NAB WINS AGAIN!

SENATE PUTS LIMITS ON FCC'S WAIVER ABILITY
Sens. Conrad Burns (R-MT) John McCain (R-AZ) reached an agreement on an
amendment to National Intelligence Reform Act, being debated on the Senate
floor this week, that they promise will make some public spectrum currently
used for television broadcasting available for public safety officials by
January 1, 2008. The compromise would limit the ability of the FCC to waive
requirements that 75 TV stations operating on channels 63 through 69 to
vacate their frequencies.
CommunicationsDaily reports that broadcasters would only have to vacate if
there was a bona fide request from public safety officials. The compromise
also means it is much less likely that there will be a hard date set by
Congress to end the transition to digital TV broadcasting.
Broadcasting&Cable reports that the compromise also means the elimination
of an amendment -- from Sen Frank Lautenberg (D-NJ) -- that would have
established guidelines for DTV public interest obligations. There is also a
billion dollars earmarked from spectrum auctions to help buy DTV converters
for viewers who can't afford them, but Sen McCain suggested the absence of
a hard date for that reclamation meant there would be no money either for
the boxes or to help fund emergency communications. Sen McCain also
suggested the National Association of Broadcaster's support for the
compromise was tantamount to selling out the channel 62-69 stations, many
Hispanic and religious, and though he endorsed the compromise, asked the
FCC and the House Commerce Committee to investigate the "discriminatory
treatment" of those stations.
[SOURCE: TVWeek, AUTHOR: Doug Halonen]
http://www.tvweek.com/news.cms?newsId=6416
Senate Approves Deadline for Public Safety Spectrum Return
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
Spectrum-Reclamation Amendment Passes
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA457257.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

LOBBYING JUGGERNAUT
Just how much sway do broadcasters have over lawmakers? Plenty according to
the anecdotal evidence presented by Layton. The National Association of
Broadcasters (NAB) is considered the most powerful of all media lobbying
groups. Meredith McGehee, who heads the Alliance for Better Campaigns, says
when she brings up an issue with congressional staffers, "They'll say, 'How
does the NAB stand on this?' And if the NAB is against it, they'll say,
'You haven't got a chance.'" The organization is huge: total net assets of
$66.7 million in 2003; it collects over $50 million/year in membership
dues, conventions, seminars, sales of merchandise and other activities; its
annual payroll exceeds $12.5 million; it spent $3.7 million on lobbying in
2003 and gave more than $2.2 million over the past four years to candidates
for federal office, nearly two-thirds of that to Republicans. As an
interest group, the media include not just the NAB but also powerful
companies like General Electric (which owns NBC), Viacom, Disney (which
owns ABC) and News Corp. (which owns Fox). Their interests are so diverse
as to touch on nearly every big issue newspeople cover--tax policy, health
care, environmental regulation, insurance regulation, financial services
regulation, labor law, equal employment opportunity rules, defense
spending, global trade policy and even sports. It's understandable that
politicians would fear such concentrated power. But they might fear it just
a little less if the very people who deliver the news for these companies
were not so often involved in their lobbying and public relations.
There's much more at the URL below.
[SOURCE: American Journalism Review, AUTHOR: Charles Layton]
http://www.ajr.org/article_printable.asp?id=3748

MOST BROADCASTERS CARRY DIGITAL SIGNALS AT LOW POWER
As of August, there were 1,445 digital television stations in the US: 651
operating at full power and the rest -- 794 -- operating at lower than
assigned power, says Rick Chessen, head of the FCC DTV Task Force. This
worries digital TV set makers who think the decreased power means a smaller
service area which means less people buying digital sets to receive digital
signals. [And for those watching the transition to digital-only
broadcasters, that means a longer time until markets reach the 85% digital
TV threshold which would trigger the end of analog signals in that area. In
turn that means a longer period when broadcasters control analog and
digital TV spectrum that could be used for other uses.] The FCC requires
the top 400 TV stations to be at full power digital by July 2005 -- and all
other stations one year later. But communications equipment manufacturers
are worried that broadcasters are waiting for the deadline and that
installers will not be able to handle the crush of orders when they come.
[That, in turn, could create a crush of waiver requests at the FCC.]
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

MEDIA & ELECTIONS

FOX SHUNS DEBATE RESTRICTIONS
Trying to protect the image their candidates project during the upcoming
debates, the campaigns hammered out an agreement that includes guidelines
for news operations covering the event: no cut-aways to other candidates,
no shots from the back, no audience or family cut-aways, and more.
According to a source who worked at one of the network news departments in
2000, the requests aren't all that new. "The campaigns called up and asked
for similar restrictions," which the network promptly ignored, he said,
"they just didn't write them down." Fox, which is providing the network
pool feed for the first presidential debate Thursday night, says it will
not abide by extensive debate coverage restrictions because it was not part
of the negotiations.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA457256.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
Fox viewers in the San Francisco area will get to see the first debate
after all. The station will allow Fox Sports Bay Area to cover tonight's
Giants-Padres game and pick up a game later in the season that the cable
channel was to show.
http://www.broadcastingcable.com/article/CA457254.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

BIG BROTHER BARTON
[Editorial] The WSJ does not agree with House Commerce Committee Chairman
Joe Barton's call for hearings on TV new operations. Aside from the fact
that it's a terrible idea to have Congress monitoring the evening news,
what piqued the WSJ's interest is that earlier this month Rep Barton had
dismissed calls for a Congressional probe into Rather-gate and said the
media and viewers should sort it out. The WSJ agrees -- and called his
office for an explanation of this sudden loss of faith in market forces and
the First Amendment. Rep Barton explained that he's just saying it is a
legitimate issue to investigate and that he believes hearings, if they
happen, should not be held until after the election. The editorial
concludes: We're more accustomed to watching the political left play this
game of media intimidation, especially by calling for a return of the
"fairness doctrine." Ever since the FCC deep-sixed that rule in 1987, thus
opening the airwaves to more vigorous commentary, liberals have talked of
restoring it to muzzle the likes of Rush Limbaugh, Fox News and other
conservative media voices they don't like. But Mr. Barton's intimations
demonstrate that both sides of the aisle share these dubious tendencies. Be
it Mr. Rather or Mr. Limbaugh, Big Brother has no business telling press
organs how to do their job. In a democracy, that's a function of the
people, who in CBS's case can vote with their remote.
[SOURCE: Wall Street Journal, AUTHOR: WSJ Editorial Staff]
http://online.wsj.com/article/0,,SB109649985807931919,00.html?mod=todays...
(requires subscription)

INTELLECTUAL PROPERTY AND PRIVACY

SENATE BILL AIMS AT MAKERS OF FILE-SHARING SOFTWARE
Negotiations on the language of the Inducing Infringement of Copyrights Act
of 2004 (Induce Act) will be held today and a vote on the bill could come
as early as next week. The legislation is aimed at the makers of
peer-to-peer file-sharing software, rather than at those who use it.
Supporters of the bill say it is needed to curb abuses of intellectual
property rights. Opponents contend that its broad language will stifle
innovation. The bill is opposed by Public Knowledge and the Electronic
Frontier Foundation, but also conservative groups like the American
Conservative Union, the national taxpayers Union and the Heritage
Foundation. "Compromising property rights and encouraging predatory, costly
litigation is not a conservative position," ads sponsored by the opposition
say. Supporters contend that in the absence of tough legislation,
commercial enterprises like Kazaa and Grokster will continue to reap
profits from rampant illegal behavior on the peer-to-peer networks.
See much more at the URL below.
[SOURCE: New York Times, AUTHOR: Tom Zeller Jr]
http://www.nytimes.com/2004/09/30/technology/30peer.html
(requires registration)

CARRIERS PROMISE CONGRESS WIRELESS 411 WILL PROTECT PRIVACY
Trust us, really, we're nice guys... we'd never endanger someone's privacy.
That's what the wireless industry told the House Commerce Committee
Wednesday as the panel considered legislation that would mandate opt-in and
opt-out requirements for 411 directories for cell phones. House Telecom
Subcommittee Chairman Upton (R-MI) said in a written statement that
legislation does not appear necessary and chief wireless lobbyist Steve
Largent, the former Congressman, said legislation would stifle development
of such directories. Members had several questions for wireless officials
about wireless service contracts, many of which contain provisions that let
a carrier sell a subscriber's phone number, address and other information.
But the major carriers that plan to participate in the directory told
Congress they wouldn't release personal information and wouldn't take
advantage of the contract language for a wireless directory.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
More coverage --
USAToday
http://www.usatoday.com/printedition/news/20040930/edit30.art.htm

CALIFORNIA GOVERNOR VETOES PRIVACY BILLS
Gov. Arnold Schwarzenegger (R-CA) on Wednesday vetoed three bills aimed at
boosting e-mail privacy at work as well as safeguard private medical and
financial data. The e-mail bill that would have required the state's
employers to give workers written notification if e-mail and other Internet
activity was being monitored at work and is similar to a state law that
requires notification if telephone calls are monitored. Supporters said it
would make California a leader in the effort to protect employee privacy
online and could serve as a model for similar bills in other states.
Critics said it would burden employers and is unnecessary because employees
already assume online activities at work are monitored. Business groups
also opposed the bill because any violation of it would be considered a
misdemeanor.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=GML3S5JT1N5V4CRBAEOC...

QUICKLY

A CAUTION ON KIDS, TECHNOLOGY
Today the Alliance for Childhood -- a partnership of educators,
researchers, health professionals and other advocates for children -- will
release a report, Tech Tonic, that contends that do not need the technology
education they are receiving to be successful in the 21st century, and
there are growing indications that the high-tech lifestyle promoted by
government and business may be harmful to them. The group finds scant
evidence of long-term benefits from immersing preschool- and school-age
children in electronic technologies. The report makes a series of
recommendations to parents, educators and policymakers, including declaring
one day a week an electronic entertainment-free zone and shifting spending
from unproven high-tech products in the classroom to children's unmet basic
needs.
See the report at
http://www.allianceforchildhood.net/projects/computers/pdf_files/tech_to...
[SOURCE: Washington Post, AUTHOR: Valerie Strauss]
http://www.washingtonpost.com/wp-dyn/articles/A60551-2004Sep29.html
(requires registration)

UPCOMING CONFERENCES

32ND RESEARCH CONFERENCE ON COMMUNICATION, INFORMATION AND INTERNET POLICY
(TPRC)
An annual forum for scholars engaged in publishable research on
policy-relevant telecommunications and information issues, and for public-
and private-sector decision makers engaged in telecommunications and
information policy. The purpose of the conference is to acquaint policy
makers with the best of recent research and to familiarize researchers with
the knowledge needs of policy makers. This year's TPRC will be held October
1-3, 2004 hosted by The National Center for Technology & Law, George Mason
University School of Law.
http://www.tprc.org/

MAKING THE GRADE?: A REPORT CARD ON US POLICIES FOR THE INFORMATION SOCIETY
(CPSR)
Annual Conference of Computer Professionals for Social Responsibility --
Saturday, October 16
With the presidential election rapidly approaching, people are taking stock
of what the Bush Administration has or has not achieved during its time in
office. What has the administration achieved with its policies on
telecommunications, radio frequency spectrum, mass media, the Internet,
electronic commerce, privacy protection, spam and consumer protection, and
media convergence? What about its policies on the application of ICT in
fields like privacy protection and homeland security, electoral voting, and
the work place? What has it done with respect to global policy challenges
like Internet governance, international trade, intellectual property, and
the developing countries? Experts from academia, civil society
organizations, and the private sector will analyze the administration's
performance on a variety of ICT issues and each give a "grade" on the
merits. Later in the conference, these grades will be aggregated and
averaged in a "Report Card"---a big picture overview of and cumulative
final grade on current US policy. The conference will conclude with an
open discussion on how to advance a public interest agenda that is suited
to the current technological and policy environment, and on the roles that
CPSR and other progressive advocacy organizations can play in such an
effort. The conference sessions will be interactive and offer ample
opportunity for audience members to weigh in with their views.
http://cpsr.org/conferences/annmtg04/
--------------------------------------------------------------
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 9/29/04

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

NEWS FROM CONGRESS
Media-Ownership Duel in D.C.
McCain Pushes Public Safety Spectrum Deadline in 9/11 Bill
Senator Blasts Film, TV Ratings
House Passes Bill Aimed at Piracy in Theaters
Barton Wants To Investigate TV News

QUICKLY
Cellphone Disconnect: Carriers Offer More, Customers Want Less
No Escape From E-Mail
Proposed Rules Pit =91Hams' vs. Broadband Net Users
Consumer Education Initiative on Transition to Digital Television
Locking the Door Against Internet Trespass: Are New Laws Needed?
Court Says EU Erred On MCI-Sprint Merger Bid

NEWS FROM CONGRESS

MEDIA-OWNERSHIP DUEL IN D.C.
The Senate Commerce Committee held a hearing on media ownership rules on=20
Tuesday. C. Edwin Baker, a law professor at the University of Pennsylvania,=
=20
argued that legal restrictions on the media are "vitally important to=20
democracy." Pointing out that the media business is a high-profit industry,=
=20
Prof Baker said the government's policy goal should be to "place ownership=
=20
in the hands of people most likely to put those profits toward better=20
journalism rather than income," which he says is generally not big media=20
companies. Geneva Oberholser, a longtime newspaperwoman currently a=20
professor at the Missouri School of Journalism, said the country is=20
"starving" for journalistic content serving the public interest. She=20
pointed to what she suggested was the deliberate undercoverage of the media=
=20
ownership debate by big media companies with a stake in the outcome. Baker=
=20
argued that Congress could help the FCC recraft its rules by 1) passing a=20
resolution that the public interest requires the commission to prevent=20
excessive power and to promote the maximum diversity of ownership and 2)=20
finding that newspaper/broadcast cross-ownership creates unacceptable power=
=20
"within local media systems," and should not be allowed except where=20
necessary to continued economic viability. Independent media researcher and=
=20
author Ben Compaine and Cato's Adam Thierer argued that the rise of cable,=
=20
satellite and the Internet provide plenty of alternative news and=20
entertainment outlets. Compaine said that the FCC has sufficient expertise=
=20
and that Congress shouldn't "micro-manage" the ownership issue.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA456548?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
See testimony at:
http://commerce.senate.gov/hearings/witnesslist.cfm?id=3D1321

MCCAIN PUSHES PUBLIC SAFETY SPECTRUM DEADLINE IN 9/11 BILL
Senate Commerce Committee Chairman John McCain (R-AZ) said Tuesday he would=
=20
try to move a public safety spectrum amendment to legislation on=20
intelligence reform being debated by the Senate this week. The National=20
Intelligence Reform Act (S-2845) from Senate Government Affairs Chairman=20
Collins (R-ME) would enact many provisions from the 9/11 Commission report,=
=20
but not the report=92s recommendation that analog spectrum be cleared for=20
public safety interoperability. Withholding details, Sen McCain said he=20
would try to add an amendment to the bill that would give some spectrum=20
back to public safety.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
See Also --
Spectrum Return Plan Regains Interest
After the Senate Commerce Committee approved a water-down version of=20
legislation to set a hard date for the end of the transition to digital=20
broadcasting, Now is the time for Congress and other interested parties to=
=20
reconsider the Digital-Only Broadcasting blueprint APTS offered to=20
accomplish the triple goals of returning a significant amount of spectrum=20
to the government in the next four years, providing a market-based boost=20
for the transition and =AD most important =AD delivering new digital=
services,=20
in the truest sense of the word, to consumers. The APTS DOB plan builds on=
=20
ideas raised by the FCC, such as full post-transition carriage rights,=20
including multicasting, and goes a couple of steps further. APTS believes a=
=20
voluntary, market-based solution will free up large blocks of spectrum much=
=20
earlier than would otherwise be the case with minimal consumer disruption.
[SOURCE: Association of Public Television Stations]
http://www.apts.org/

SENATOR BLASTS FILM, TV RATINGS
During a Senate Science, Technology and Space subcommittee (Commerce)=20
hearing, Sen. Sam Brownback (R-KS) blasted the movie and broadcast=20
industries' separate rating systems. Sen Brownback said they failed to help=
=20
parents shield children from inappropriate content. He reiterated at the=20
hearing that House and Senate lawmakers had agreed to boost fines on=20
broadcasters that air indecent material. He said legislators were aiming to=
=20
include the measure as an amendment to a defense bill. Yesterday the House=
=20
passed the Piracy Deterrence and Education Act [see story below] which, in=
=20
part, would offer some copyright protection for new movie-filtering=20
software that helps parents prevent children from watching movie scenes=20
depicting sex, violence or foul language.
[SOURCE: Los Angeles Times, AUTHOR: Jube Shiver Jr.]
http://www.latimes.com/business/printedition/la-fi-ratings29sep29,1,4510...
story?coll=3Dla-headlines-pe-business
(requires registration)
For links to testimony delivered at the hearing, see:
http://commerce.senate.gov/hearings/witnesslist.cfm?id=3D1322

HOUSE PASSES BILL AIMED AT PIRACY IN THEATERS
The House passed the Piracy Deterrence and Education Act Tuesday, making=20
videotaping films in theaters a federal crime while making it easier for=20
the Justice Department to prosecute Internet users who illegally distribute=
=20
large amounts of music and other copyrighted works. The bill encourages the=
=20
FBI to use Internet providers to forward warning letters to subscribers=20
whose accounts are being used for illegally downloading music and movies.=20
That provision is aimed largely at parents who may be unaware of their=20
children's activities. Consumer groups, conservative groups and libraries=20
say the bill would radically broaden copyright law and drag the government=
=20
into a battle that should be handled by the entertainment industry.
[SOURCE: Los Angeles Times]
http://www.latimes.com/business/printedition/la-fi-piracy29sep29,1,28931...
tory?coll=3Dla-headlines-pe-business
(requires registration)
See also --
Reuters:=20
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DDZ40YDTQXZ1KGCRBAE...
A?type=3DinternetNews&storyID=3D6358345
News.com:=20
http://news.com.com/House+votes+to+target+P2P+pirates/2100-1028_3-538768...
ml?tag=3Dnefd.top

BARTON WANTS TO INVESTIGATE TV NEWS
House Committee Chairman Joe Barton (R-TX) is planning a hearing after the=
=20
election to see if TV news operations "need to have safeguards to prevent=20
reporters from infusing their opinions into news reports." He suggested the=
=20
problem may be changing standards and implied that TV news was less=20
reliable than print.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA456614?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
See also --
TVWeek: http://www.tvweek.com/news.cms?newsId=3D6395

QUICKLY

CELLPHONE DISCONNECT: CARRIERS OFFER MORE, CUSTOMERS WANT LESS
Can a cell phone be just...well...a phone? "There is a big gap between what=
=20
operators think adds value and what customers really value," says Ari=20
Iso-Rautio, a consultant at Capgemini. Consumers want cheap, unlimited=20
phone service in a wide network area. Instead, carriers add features like=20
data services and cameras that many people don't use.
[SOURCE: Wall Street Journal, AUTHOR: Christopher Rhoads at=20
christopher.rhoads( at )wsj.com]
http://online.wsj.com/article/0,,SB109640898421430540,00.html?mod=3Dtoda...
s_personal_journal
(requires subscription)
See a related story, "School Cellphone Bans Topple (You Can't Suspend=20
Everyone):
http://www.nytimes.com/2004/09/29/national/29cellphone.html?hp

NO ESCAPE FROM E-MAIL
Portable e-mail devises have created a borderless world of new=20
opportunities for multitasking. BlackBerry -- and a growing number of cell=
=20
phones like them that come with tiny keyboards -- have made it easier and=20
more tempting than ever to sneak in work during personal time, and personal=
=20
messaging at work. But as instant e-mail devices accelerate the cadence of=
=20
work life, there are increasing complaints that they whittle away at time=20
that people once used to give undivided attention to family or co-workers,=
=20
or to find solitude on the beach or during the daily commute.
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A58256-2004Sep28.html
(requires registration)

PROPOSED RULES PIT 'HAMS' VS BROADBAND NEW USERS
The FCC is set to pass new rules to limit radio interference by emerging=20
services that offer broadband over electric power lines, but the curbs are=
=20
not likely to appease ham radio operators. The =93hams=94 say widespread=20
rollout of power-line broadband could be a virtual death knell for their=20
beloved hobby because the service often emits radio waves on the same=20
channels they use. The problem is that electric wires are not shielded and=
=20
data, which travel in energy waves, can easily disrupt other services.
[SOURCE: USAToday, AUTHOR:Paul Davidson]
http://www.usatoday.com/printedition/money/20040929/broadpower29.art.htm

CONSUMER EDUCATION INITIATIVE ON TRANSITION TO DIGITAL TELEVISION
FCC Chairman Michael Powell will hold a press conference on Monday, October=
=20
4, 2004, to kick off an education campaign to highlight the importance of=20
the transition to digital television (DTV). At the event, Powell will=20
announce a major initiative headed by the FCC that will bring all corners=20
of the television industry together to educate the public on the importance=
=20
of the digital television (DTV) transition and how it will affect them in=20
the coming years. Following the press conference, two panels made up of=20
senior executives of the television industry will discuss the present and=20
future of digital and high-definition television. The first panel will=20
focus on what high-definition content is available to Americans now, and=20
will be available in the future. The second panel will focus on how=20
Americans are able to take advantage of this content-whether through=20
broadcast television, cable, satellite, and other services.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252592A1.doc

LOCKING THE DOOR AGAINST INTERNET TRESPASS: ARE NEW LAWS NEEDED?
[Commentary] Many web surfers may find unwanted guests resetting home=20
pages, adding new toolbars, =93hijacking=94 browsers to unwanted websites,=
and=20
sometimes even mining PCs for personal information. Although the problem=20
may hinder growth of the Internet, Gattuse suggests that no new legislation=
=20
is needed -- just enforcement of current laws. The most effective defense=20
for Web surfers, he writes, will almost certainly come not from Washington,=
=20
but from private sector technologies and services that help consumers to=20
protect themselves.
[SOURCE: Heritage Foundation, AUTHOR: James L. Gattuso]
http://www.heritage.org/Research/Regulation/wm575.cfm

COURT SAYS EU ERRED ON MCI-SPRINT MERGER BID
The Court of First Instance in Brussels ruled that the European Union=20
Commission erred when it blocked the merger of MCI and Sprint saying that=20
MCI WorldCom had a dominant position in networks for global Internet=20
traffic. The ruling turned on a legal technicality, and the EU court didn't=
=20
examine whether regulators were wrong to find the merged companies dominant=
=20
in markets for "top-level Internet connectivity" and global=20
telecommunications services for multinational corporations. U.S. antitrust=
=20
authorities also blocked the deal on the same grounds.
[SOURCE: Wall Street Journal, AUTHOR: James Kanter=20
james.kanter( at )dowjones.com & Shawn Young shawn.young( at )wsj.com]
http://online.wsj.com/article/0,,SB109636087068429894,00.html?mod=3Dtoda...
s_page_one
(requires subscription)
In a related story, Neelie Kroes, a 63-year-old Dutch politician, narrowly=
=20
won the approval of the European Parliament to become Europe's antitrust=20
chief. There are concerns about strong ties to business and her=20
preparedness to become the European Union's most important regulator.
http://online.wsj.com/article/0,,SB109640436789930410,00.html?mod=3Dtoda...
s_page_one
--------------------------------------------------------------
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 9/28/04

Media ownership is on today's calendar with a hearing in the Senate and a=20
panel discussion this evening at the National Press Club. The Senate will=20
also be discussing Effectiveness of Media Rating Systems. For these and=20
other upcoming media policy events, see http://www.benton.org/calendar.htm

MEDIA POLICY
Media Reform at a Crossroads
Study Rejects Print-Broadcast Combos
700 MHz Issues are Perplexing
U.S. Senate to Weigh Bill Targeting Web Song Swaps
CBS Fine Fires up Desires for Strict Federal Nanny

PUBLIC BROADCASTING
To BBC's Rivals, 'Auntie' Is Too Big For Its Britches
Morphing Commercial Radio Could Attract Pubradio Fans
Petitioner Angles for Time on 7 Midwestern Stations

CABLE
Time Warner, Comcast Weigh Bid for Adelphia
Digital TV Over Cable

TELECOM
Legalized Extortion by Any Other Name
Telecom's Next Wave: Alliances

QUICKLY
Welcome To Broadband City
Low Power FM: The People's Choice

MEDIA POLICY

MEDIA REFORM AT A CROSSROADS
[Commentary] Congresswoman Diane Waston believes that we are standing at a=
=20
crossroads to the future of US media. Will we allow a powerful media lobby=
=20
in Washington to continue to encourage consolidation of ownership, or will=
=20
Americans rise up to demand a media system that fosters more local, diverse=
=20
and democratic media. Today, decades of irresponsible deregulation in=20
telecommunication policy has created great discontent among consumers who=20
are angry at the lack of choices among an extremely concentrated media=20
market. Five giant media conglomerates -- Viacom/CBS, GE/NBCUniversal,=20
Disney/ABC, News Corp./FOX, and Time Warner -- control approximately a 75%=
=20
share of broadcast and cable prime-time viewing.When big media get larger,=
=20
and the race for audiences turns to the lowest denominator in trash=20
programming as an appeal to the broadest possible audience, these=20
conglomerates move further away from quality programming and the principles=
=20
of diversity, localism, and competition, which is crucial to serving the=20
public interest. Recently, Representative Maurice Hinchey and Rep Watson=20
introduced H.R. 4069, the Media Ownership Reform Act of 2004, which seeks=20
to undo the massive consolidation of the media that has been ongoing for=20
nearly 20 years, and writing into statute precise limitations to a=20
company's ability to own and operate media outlets in a single market. The=
=20
bill would restore the Fairness Doctrine, reinstate a national cap on=20
ownership of radio stations, and lower the number of radio stations one=20
company can own in a local market. It would also keep in place the current=
=20
cross ownership rules regarding newspaper and broadcast ownership, local TV=
=20
ownership rules, and prohibit one company from owning a TV station and a=20
cable system in the same local market. The bill also sets up new media=20
ownership guidelines for the FCC to use in future rulings, especially in=20
gauging the level of diversity in the nation's media to measure how many=20
people are watching television programming. Reps Hinchey and Watson will be=
=20
reintroducing this important piece of legislation next year, and hope to=20
have your support as the struggle for media ownership reform continues.
[SOURCE: MediaChannel.org]
http://www.mediachannel.org/views/dissector/affalert260.shtml

STUDY REJECTS PRINT-BROADCAST COMBOS
A new study to be released today by Fordham University's McGannon=20
Communications Research Center concludes that mergers between TV stations=20
and newspapers in any size market should not be allowed. A Philadelphia=20
appeals court told the FCC to better calculate market concentration and=20
the new study purports to show how "far off the mark" the FCC's proposed=20
diversity index would be compared to the court's instruction on what it=20
should be looking for. According to the study, the FCC overestimated radio=
=20
and the Internet as alternative news sources "by a factor of four," and=20
underestimated daily newspapers' importance by a factor of 2.5.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA456444?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

700 MHZ ISSUES ARE PERPLEXING
How did anybody ever think the transition to digital TV broadcasting was=20
going to be easy? With slow consumer uptake of digital broadcasting=20
equipment, the transition could take decades, tieing up spectrum that could=
=20
be used for public safety and other uses. Cable operators say they'll carry=
=20
all available digital signals when there's consumer demand for it, while=20
broadcasters say demand will increase only if cable operators are required=
=20
to carry every digital signal, as well as analog signals. But why do=20
broadcasters kept winning policy battles that slow the transition? "In a=20
society where winning elections by less than 10% of the vote is=20
commonplace, telling more than 10% of the electorate that their analog TVs=
=20
won't work anymore probably isn't feasible," Jackson writes. He concludes:=
=20
"...it appears that some extraordinary measures will have to be taken for=20
public safety and wireless operators to have a shot at using this spectrum.=
=20
The encouraging note for both groups is that the potential economic and=20
social benefits that would come from clearing the 700 MHz spectrum warrant=
=20
such action. Just don't hold your breath waiting for it to happen."
[SOURCE: Telephony's Regulatory Insider, AUTHOR: Donny Jackson]
djackson( at )primediabusiness.com

U.S. SENATE TO WEIGH BILL TARGETING WEB SONG TRANSFER
After weeks of negotiations, the U.S. Senate could take action on Thursday=
=20
on the Inducing Infringement of Copyrights Act that would make it easier to=
=20
sue "peer-to-peer" networks like Kazaa and LimeWire that allow users to=20
copy music and movies over the Internet. The bill would hold liable anyone=
=20
who "induces" others to reproduce copyrighted material. The bill would give=
=20
a boost to recording companies and movie studios, which so far have been=20
unable to shut down the online file-trading networks in court. A new=20
version of the bill released after months of negotiation contains=20
carve-outs for venture-capital investors, advertisers, reviewers, and=20
nonprofits. Still, the new version seemed to win few converts. "Although=20
this new draft may appear on the surface to be more friendly to technology=
=20
and innovation than were past drafts, in fact it is not," said Gigi Sohn,=20
president of the nonprofit policy group Public Knowledge. "The stakes here=
=20
are chilling what drives America's economy, which is technical innovation,=
=20
both in the marketplace of products and the marketplace of ideas," said=20
Adam Eisgrau, executive director of P2P United, a trade group for several=20
peer-to-peer networks.
[SOURCE: Reuters, AUTHOR: Andy Sullivan]
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D6...
13
Public Knowledge is organizing an effort to oppose the Induce bill, S 2560.=
=20
The group warns that the bill could do away with the court ruling that=20
allowed the VCR, the
iPod, computer hard drives, and even the Internet, to be developed and to=20
flourish. The legislation would give the music and movie companies control=
=20
over the kinds of products and services consumers will be able to use to=20
listen to music.
See http://www.publicknowledge.org/take-action/induce

CBS FIRES UP DESIRES FOR STRICT FEDERAL NANNY
[Commentary] The Kaiser Family Foundation got a lot of press last week when=
=20
it released a survey that found parents are concerned with the amount of=20
sex and violence on TV. Vicky Rideout, director of Kaiser's Program for the=
=20
Study of Entertainment Media and Health, said the survey was intended to be=
=20
quantitative, not qualitative. She described it as "a broad tool that can=20
lead to suggested legislation or policy." McFadden expresses fear of that=20
"broad tool" because it could end up punishing the evening news for images=
=20
of abused Abu Ghraib prisoners when trying to shield youngsters from=20
brutal, shoot-'em-up cartoons. The Center for Creative Voices in Media's=20
Jonathan Rintels doesn't defend sex and violence on TV. But he is upset=20
about the chilling effects of an ill-defined outcry. "Unfortunately,=20
Congress and the FCC have taken what ought to be the last resort =97=20
government regulation of speech =97 and made it the first resort," said=20
Rintels. "What we're saying is: Let's look at all the other alternatives to=
=20
dealing with sex and violence on TV first instead of making the government=
=20
a national nanny." The alternatives: 1) Getting the FCC to clearly define=20
prohibited words, terms and deeds. So far, the agency has declined to do=20
so. 2) Offering viewers so-called a la carte cable, which lets them choose=
=20
individual channels and reduce the risk of getting racier options packaged=
=20
with family fare. The a la carte option is opposed by the U.S. cable=20
industry and would require government intercession.
[SOURCE: The Seattle Times, AUTHOR: Kay McFadden]
http://seattletimes.nwsource.com/html/artsentertainment/2002045580_kay27...
l
Jonathan Rintels spoke about the Super Bowl half time show and the=20
resulting fine on The NewsHour on PBS. See a transcript at:
http://www.pbs.org/newshour/bb/media/july-dec04/fine_9-23.html

PUBLIC BROADCASTING

TO BBC'S RIVALS, 'AUNTIE' IS TOO BIG FOR ITS BRITCHES
What's the role of public broadcasting in a rapidly changing media=20
landscape? This is a question being asked all over the world, but=20
especially in England where the government is conducting a once-in-a-decade=
=20
review of the Royal Charter that sets the BBC's terms of operation and=20
funding. There's no question that the BBC's charter will be renewed, but=20
the government may mandate changes that will set the course of the BBC for=
=20
the next 10 years. Competitors complain that the BBC uses public funds to=20
compete with commercial broadcasters, which some say violates the BBC's=20
public-service mission. They argue that the BBC should produce and=20
broadcast only programming that commercial broadcasters can't or won't,=20
filling gaps in the market rather than producing mainstream TV fare.
A draft charter is expected in January.
[SOURCE: Wall Street Journal, AUTHOR: Marc Champion marc.champion( at )wsj.com,=
=20
Emily Nelson emily.nelson( at )wsj.com, Charles Goldsmith=20
charles.goldsmith( at )wsj.com ]
http://online.wsj.com/article/0,,SB109632206969429290,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

MORPHING COMMERCIAL RADIO COULD ATTRACT PUBRADIO FANS
Neo-Radio, contemporary music without the hype. Progressive, left-leaning=20
radio talk shows. Classical music. All public radio formats, right? Now=20
commercial stations are moving into these areas, too. Neo-Radio and Air=20
America are just getting going and a commercial classic network is in the=20
making. Could they cut into public radio audiences? Or do they provide=20
opportunities for cross-promotion?
[SOURCE: Current, AUTHOR: Mike Janssen]
(http://www.current.org/)

PETITIONER ANGLES FOR TIME ON 7 MIDWESTERN STATIONS
A midwestern religious broadcaster has filed with the FCC trying to gain=20
time on if not the licenses of six public radio stations and one repeater=20
operated by a pubcaster. The religious broadcaster, Martin Hensley. claims=
=20
some of the stations provide no local service or fall short of the minimum=
=20
weekly operating schedule the FCC requires of noncommercial stations.=20
Hensley wants to restrict the schools to broadcasting during school hours=20
[since students never listen to the radio after school] and fill the=20
remainder of time with news, music and sports and to address issues like=20
depression, drunken driving and teen pregnancy.
[SOURCE: Current, AUTHOR: Mike Janssen]
(http://www.current.org/)

CABLE

TIME WARNER, COMCAST WEIGH BID FOR ADELPHIA
Look for more consolidation of ownership in the cable industry. With the=20
nation's 5th-largest cable operator, Adelphia, up for sale, the two largest=
=20
operators, Comcast and Time Warner, are expected to make a joint bid for=20
Adelphia's holdings in 31 states. Public interest advocates are worried=20
about the concentration of ownership power -- especially at Comcast. The=20
Philadelphia-based company already reaches more than 21 million subscribers=
=20
and close to one in five U.S. households; it also is the country's largest=
=20
provider of broadband Internet access. Critics say Comcast already wields=20
too much power over the Internet and what viewers see on TV. "In any=20
democratic society, you don't want a single entity to have too much power=20
to bless one channel over another," says Harold Feld, associate director of=
=20
Media Access Project, a Washington public-interest law firm.
[SOURCE: Wall Street Journal, AUTHOR: Peter Grant peter.grant( at )wsj.com &=20
James Bandler james.bandler( at )wsj.com]
http://online.wsj.com/article/0,,SB109629633422928793,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)
See also --
WP: http://www.washingtonpost.com/wp-dyn/articles/A55560-2004Sep27.html
USAToday:=20
http://www.usatoday.com/printedition/money/20040928/1b_adelphia28.art.htm
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-adelphia28sep28,1,642...
.story?coll=3Dla-headlines-pe-business

DIGITAL TV OVER CABLE
The number of local TV markets in which consumers can now receive a package=
=20
of HDTV services from their cable operator has grown to 177 (out of 210),=20
including all of the top 100 Designated Market Areas, the National Cable &=
=20
Telecommunications Association (NCTA) said today in releasing results of a=
=20
recent survey of its member companies. NCTA also reported that the number=20
of local digital broadcast stations being carried by cable systems has=20
increased to 454, up from 304 in December 2003, growth of nearly 50%.=20
Consumer availability of HDTV via cable has skyrocketed since its=20
commercial introduction by cable operators in 2002. Of the 108 million U.S.=
=20
TV households today, 90 million are now passed by a cable system that=20
offers a package of HDTV programming, NCTA said, an increase of more than=20
28% over the 70 million mark since last December. In addition, 17 cable=20
networks now offer HD programming during some or all of their network=20
schedules, in broad genres including movies, sports and general interest.=20
The NCTA data reflects activity through mid-September 2004.
[SOURCE: National Cable & Telecommunications Association Press Release]
http://www.ncta.com/press/press.cfm?PRid=3D536&showArticles=3Dok

TELECOM

LEGALIZED EXTORTION BY ANY OTHER NAME
[Commentary] McCullagh says the Senate Commerce Committee's approval of the=
=20
Wireless 411 Privacy Act bill was "an exercise in frivolity and futility."=
=20
So why did it take the trouble? First, it is great to grandstand as a=20
protector of consumer privacy. But McCullagh goes on to suggest something a=
=20
bit more sinister. "Politicians will enact legislation or press for=20
regulation that they suspect will cause problems," says Don Boudreaux,=20
chairman of the economics department at George Mason University. "They know=
=20
that the people who are affected by the problems will come to them, begging=
=20
that the problem be solved and contributing to their re-election efforts.=20
Economists have a term for it: rent extraction...It's particularly likely=20
when the issue is one that can be portrayed in sound bites and very quick=20
headlines as something good. 'I voted to require opt-in'--that sounds good.=
=20
It doesn't sound suspicious on its face." Boudreaux and other scholars,=20
including Northwestern University's Fred McChesney, have documented how=20
politicians have painstakingly made some areas of the law--like the tax=20
code--especially convoluted and then have proceeded to rewrite portions=20
every year or two. The repeated tinkering and high stakes, the argument=20
goes, guarantee a constant flow of political tribute.
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/2010-1028-5381536.html

TELECOM'S NEXT WAVE: ALLIANCES
Consumer spending on bundled communications services, which includes=20
wireline, wireless, Internet, and cable or satellite TV, has been climbing.=
=20
Telecos are competing fiercely with other local wireline, wireless, and=20
cable-service providers, leading to losses in local-access lines. Looking=20
ahead, competition will only grow with the launch of Internet telephony and=
=20
the expansion of wireless broadband networks. But unlike earlier periods,=20
when telcos ratcheted up capital spending to boost growth and gain customer=
=20
loyalty, partnerships are now the vogue as carriers try to reduce debt.=20
What makes the partnerships appealing is that they let one company provide=
=20
new services to customers, while allowing its partner make use of excess=20
capacity to become more efficient.
[SOURCE: BusinessWeek, AUTHOR: Todd Rosenbluth]
http://www.businessweek.com/investor/content/sep2004/pi20040924_0182_pi0...
tm

QUICKLY

WELCOME TO BROADBAND CITY
Philadelphia is not alone in wanting to offer city-wide high-speed Internet=
=20
access. By sending signals over the airwaves from inexpensive antennas=20
mounted on light poles, small-town mayors and local entrepreneurs around=20
the country are already providing low-cost broadband. Corpus Christi and=20
Houston are also moving forward on Wi-Fi networks. Not surprisingly, cable=
=20
and telcos aren't happy about their new rivals -- and lobbying hard to halt=
=20
the trend. The muni wireless network is an unexpected twist in what had=20
been a two-way race to sign up broadband subscribers. By creating "a third=
=20
pipeline," muni networks should lower prices and speed the spread of=20
broadband, says Michael Calabrese, vice-president at the New America=20
Foundation, a Washington think tank.
[SOURCE: BusinessWeek, AUTHOR: Catherine Yang & Heather Green ]
http://www.businessweek.com/magazine/content/04_40/b3902057_mz011.htm

LOW POWER FM: THE PEOPLE'S CHOICE
An hour-long documentary on the story of how low power FM radio is bringing=
=20
diverse peoples closer together and giving new life to declining=20
communities, new strength to neighborhoods and new voices in the=20
marketplace of ideas. Meet the people who helped launch low power FM radio=
=20
and see how the LPFM radio movement withstood the rigors of Capitol Hill=20
and special interest attacks.
[SOURCE: United Church of Christ]
http://www.ucc.org/ocinc/lpfmradio/peopleschoice.htmhttp://www.ucc.org/oci=
nc/lpfmradio/peopleschoice.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.
--------------------------------------------------------------

Benton's Communications-related Headlines for 9/27/04

Hearings this week on the FCC's media ownership rules, media ratings and
the privacy protections for cell phone users. And the two major candidates
for President debate on Thursday. For these and other upcoming media policy
events, see http://www.benton.org/calendar.htm

MEDIA POLICY
Broadcasting Lobby, Exercising Its Clout, Hangs On to Spectrum
Powell Presses On
Ferree Backs DTV Multicast
The Crossownership Cloud
Fighting the Jackson Fine

MEDIA & ELECTIONS
Up Next: The News In Red and Blue
Real Candidates Have Curves
Consolidation and Obligation

PUBLIC BROADCASTING
Public Telecommunications Facilities Program FY 2004 Grants
CPB Awards $1.5 Million to Help Establish Center for Native
American Radio
CPB Grant Links Alaska's Public Broadcasters by Broadband

QUICKLY
Big Wi-Fi Project for Philadelphia
Conservative Group Savages Anti-P2P Bill

MEDIA POLICY

BROADCASTING LOBBY, EXERCISING ITS CLOUT, HANGS ON TO SPECTRUM
How did broadcasters dodge the legislative bullet that would have set a
hard date for the completion of the digital TV transition? The broadcasting
industry is "so potent it's considered immune from the laws of political
physics," claims Multichannel News. First, broadcasters won billions worth
of free spectrum to broadcast high-definition TV, then won the flexibility
to air multiple channels or provide other services rather than doing HDTV.
The it won changes in the law that will not require it to return spectrum
for decades. But the current anti-terrorism climate in Washington seemed
ripe for winning a hard date for the return of spectrum now used for analog
TV broadcasts. The spectrum would have been reallocated for public safety
use. The legislation also included subsidies for low-income households that
are not subscribed to cable or satellite which might need help getting
convertors to pick up digital signals. But the Senate Commerce Committee
adopted a water-down version of legislation offered by Sen John McCain
(R-AZ) and now will return just four analog TV channels by 2008 and even
that handover could be delayed indefinitely if broadcasters could persuade
the FCC that doing so would cause "consumer disruption." Gomes ends:
It's...possible that Congress, in doing the broadcasters' bidding, has
managed a striking bifecta: a ridiculous technology policy that leaves it
open to the charge of being soft on terrorists
[SOURCE: Wall Street Journal, AUTHOR: Lee Gomes
mailto:lee.gomes( at )wsj.comlee.gomes( at )wsj.com]
http://online.wsj.com/article/0,,SB109623300262728164,00.html?mod=todays...
(requires subscription)
See also --
Major Cities Rectify 9/11 Radio Issue
In 10 of the cities considered at highest risk for a terrorist attack,
firefighters, police and other emergency responders in charge during a
disaster can now talk to each other to coordinate a quick response.
[SOURCE: USAToday, AUTHOR:Mimi Hall]
http://www.usatoday.com/printedition/news/20040927/a_talk27.art.htm
10 Cities Leading the Way
http://www.usatoday.com/printedition/news/20040927/a_talk_box27.art.htm

POWELL PRESSES ON
Although the Senate Commerce Committee last week voted to require only a
small portion of the country's 1,300 TV stations to return analog spectrum
licenses early, FCC Chairman Michael Powell insists that a hard end date
for the transition to digital is needed -- or the transition could last for
decades. Chairman Powell plans to push ahead and present a plan to quicken
the transition for a November or December vote, but last week's vote makes
such a gambit politically impossible, his critics argue. Says one broadcast
lobbyist, "This should send a clear message that the FCC plan is not
politically palatable on Capitol Hill." Addressing other concerns may help
win support for the Powell plan that would set 2009 for the hard date. The
FCC may decide to add complete must-carry rights for broadcasters into the
spectrum-takeback plan as well as tackling public interest obligations that
could include local programming and news and political-coverage quotas.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA455847?display=Washington&ref...
(free access for Benton's Headlines subscribers)

FERREE BACKS DTV MULTICAST
FCC Media Bureau Chief Kenneth Ferree wants to convince FCC Chairman
Michael Powell (at least two other commissioners and key Members of
Congress) that cable operators should carry every free digital service
transmitted by a local TV station. He believes that the FCC has legal
authority and that it is good policy. Broadcasters would applaud the move,
but cable operators are likely to challenge it in court. The cable industry
believes it would result in broadcasters clogging cable systems with
low-value infomercials and other transactional programming. Chairman Powell
has indicated of late that he does not support full, multicast must carry.
But Commissioners Kevin Martin and Michael Copps do and Commissioner
Kathleen Abernathy seems willing to consider it. Commissioner Jonathan
Adelstein might also support it, but may not factor into the debate as his
term ends when Congress adjourns.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA455928?display=Top+Stories
(requires subscription)

THE CROSSOWNERSHIP CLOUD
The Tribune Company fought long and hard to end the FCC's
newspaper-broadcast crossownership rules and thought it had won when the
FCC eliminated the rule in June 2003. But like many of our Chicago sports
teams (especially the one owned by the Trib), the Tribune saw defeat
snatched from the jaws of victory when the Third Circuit Court of Appeals
in Philadelphia threw out the FCC decision. Getting rid of the rule would
give Tribune clear ownership of its TV-station and newspaper properties in
four markets, while also giving it the opportunity to buy stations and
newspapers in markets currently closed to it. And that's what concerns
activists, who hope to take advantage of the opportunity the Philadelphia
court has given them. "The newspaper/broadcast combination is too much
power for any one company to have," says Andrew Jay Schwartzman, president
and CEO of nonprofit law firm Media Access Project. He notes that, although
newspapers may not seem to have the power they had in the days when every
city had several competing dailies, and broadcast television has plenty of
cable competition, "newspapers and over-the-air TV stations are by far the
most powerful forces shaping public opinion." Tribune has indicated it will
appeal the Philadelphia decision to the Supreme Court and has until
December 3 to file that appeal.
[SOURCE: Broadcasting&Cable, AUTHOR: Paige Albiniak]
http://www.broadcastingcable.com/article/CA455858?display=Special+Report...
(free access for Benton's Headlines subscribers)
See also:
* In Chicago, It's an Institution
How much of Chicago does the Tribune Company own? Chicago Tribune (founded
in 1847), WGN-AM (founded in 1924), WGN-TV (founded in 1948), WGN
Superstation (WGN's cable version, begun in 1978), Chicago Cubs and Wrigley
Field (acquired in 1981), CLTV Chicagoland Television 24-hour cable news
(launched in 1993), Chicago magazine (acquired in 2002), Red Eye
(publication targeted to young adult readers, launched in 2002) and 25%
owner of Comcast Sports Chicago (since 2004).
[SOURCE: Broadcasting&Cable, AUTHOR: Paige Albiniak]
http://www.broadcastingcable.com/article/CA455857?display=Special+Report...
(free access for Benton's Headlines subscribers)
* Facing Challenges in a Tough Climate
Woe is the $6 billion company that only grows 3-5% this year.
[SOURCE: Broadcasting&Cable, AUTHOR: Paige Albiniak]
http://www.broadcastingcable.com/article/CA455855?display=Special+Report...
(free access for Benton's Headlines subscribers)
* WB, Trib Alliance Is Smart Business
How does the Warner Brothers-Tribune television alliance work? Glad you
asked...
[SOURCE: Broadcasting&Cable, AUTHOR: Paige Albiniak]
http://www.broadcastingcable.com/article/CA455856?display=Special+Report...
(free access for Benton's Headlines subscribers)

FIGHTING THE JACKSON FINE
Now that the FCC has ruled on the Super Bowl half time show, Viacom/CBS can
pay up, appeal the ruling in federal court, or sit back and let Justice
Department lawyers sue for payment. The company appears to be gearing up
for a fight, hiring Robert Corn-Revere, the Davis Wright Tremaine attorney
who successfully argued Playboy Channel's challenge against tough
scrambling requirements in 1998. The Supreme Court's ruling in that case
shielded cable operators from the content restrictions broadcasters face.
Corn-Revere also represents CBS parent Viacom, Fox and other media
companies in another major First Amendment case seeking to overrule an FCC
decision declaring broadcasts of the word "f*&%" are indecent regardless of
the context. Several First Amendment advocates predicted that the FCC faces
an uphill battle explaining to judges why Jackson's bare breast is indecent
under the FCC's narrow definition. To be considered indecent, FCC rules
state that a program must depict sexual or excretory activities in a way
that is patently offensive under "contemporary community standards." "It's
amazing how little legal reasoning there is about why Jackson's performance
was indecent," says Kurt Wimmer of Covington & Burling. Attorneys say the
FCC also went too far by suggesting that Viacom officials should have known
Jackson and Timberlake would attempt something outrageous and should have
ordered producers to be ready to black out objectionable actions.
Supporters of the FCC action say the Commission did not go far enough
because not all CBS affiliates were fined.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA455919?display=Top+of+the+Wee...
(free access for Benton's Headlines subscribers)

MEDIA & ELECTIONS

UP NEXT: THE NEWS IN RED AND BLUE
Is something lost when everyone goes surfing off in their own media
direction? The media are increasingly seen by partisans as blowing in one
direction or the other. New research by the Center for Media and Public
Affairs shows that if you were watching the network evening news in June,
July and August, you would have seen somewhat favorable coverage of John
Kerry -- six out of 10 evaluations were positive -- and somewhat
unfavorable coverage of President Bush. If you were watching Fox News
Channel's 6 p.m. newscast, you would have seen about the same coverage of
the president. But Kerry's evaluations were negative by a 5 to 1 margin.
[SOURCE: Washington Post, AUTHOR: Howard Kurtz]
http://www.washingtonpost.com/wp-dyn/articles/A52565-2004Sep26.html
(requires registration)
See also --
Truth and Consequences
In the wake of the 60 Minutes debacle, a Gallup Poll found a significant
decline in the news media's credibility with the public. Only about 44% of
Americans trust the media's ability to be fair and accurate. The
discredited story has also already made other investigative TV reporting
more difficult. Investigative reports are viewed as financial sinkholes by
the news divisions' corporate overseers; the public-relations disaster at
CBS gives accountants at parent Viacom and bean-counters throughout the
industry a potent argument for edging away from potentially incendiary fare.
[SOURCE: Broadcasting&Cable, AUTHOR: Mark Lasswell]
http://www.broadcastingcable.com/article/CA455914?display=Top+of+the+Wee...
(free access for Benton's Headlines subscribers)

REAL CANDIDATES HAVE CURVES
[Commentary] The retired software company executive and adjunct professor
at the University of Washington discusses how difficult it was for him to
narrow his message to six minute stump speeches and 30-second sound bites.
He laments that his strategy for winning the Congressional seat came down
to deciding weather or he should wear spandex bike shorts in his final TV
commercial. Today's political landscape is shaped by narrow opportunities
for candidates to reach the public with their qualifications and ideas.
Alben offers suggestions to correct that. If every radio and television
station licensed by the FCC were required to devote three hours to each
Congressional race, he writes, the amount of electronic coverage would
increase tenfold. Congress and the FCC should demand broader coverage of
important political races. He ends: The custodians of the public airwaves
have an obligation to help candidates engage the public on issues that
matter. That way we won't have to worry about displaying our bodies encased
in Spandex.
[SOURCE: New York Times, AUTHOR: Alex Alben, recently ran for Congress ]
http://www.nytimes.com/2004/09/27/opinion/27alben.html
(requires registration)

CONSOLIDATION AND OBLIGATION
[Commentary] Broadcasters are licensed to use spectrum on the condition
that they serve their local communities. But research shows that
broadcasters are not meeting their responsibilities -- especially for
minorities. People of color constitute over 30% of America but own only
4.2% of the nation's radio stations and around 1.5% of TV stations. The
numbers of minorities have dropped across the board -- owners, general
managers, news directors and the news workforce. That's just not
acceptable. America's strength is its diversity. Our media have a
responsibility to reflect and nourish this diversity. Copps concludes: As
we make the digital transition, we must update our rules on the
public-interest obligations of those who are given the right to use
spectrum, particularly those who will multicast additional program streams.
The potential of digital television and radio is enormous, and I believe
the rewards, for everyone, can be enormous, too. Digital, done rightly, can
be a boon to localism and diversity. All this is worth fighting for because
it means airwaves of, by and for the people.
SOURCE: Broadcasting&Cable, AUTHOR: FCC Commissioner Michael Copps]
http://www.broadcastingcable.com/article/CA455904?display=Editorials&ref...
(free access for Benton's Headlines subscribers)

PUBLIC BROADCASTING

PUBLIC TELECOMMUNICATIONS FACILITIES PROGRAM FY 2004 GRANTS
$20.2 million in federal Public Telecommunications Facilities Program
(PTFP) grants announced Thursday September 23rd will assist public radio,
public television and nonbroadcast (distance learning) projects across the
country. $9.8 million will go to 31 grantees to assist in the digital
conversion of public television stations; $4.4 million will fund 74 radio
grants; $3.8 million is for 20 television equipment replacement grants;
$1.7 million for 16 distance learning grants; and one grant was made to the
University of Hawaii for $493,130 for the PEACESAT (Pan Pacific Educational
and Cultural Experiments by Satellite) project. The total amount awarded by
PTFP in FY 2004 is $20.2 million for 142 grants. More information and a
complete list of the FY 2004 PTFP grant awards are available at the URL below.
[SOURCE: National Telecommunications and Information Administration]
http://www.ntia.doc.gov/ptfp/Projects/2004/index.htm

CPB AWARDS $1.5 MILLION TO HELP ESTABLISH CENTER FOR NATIVE AMERICAN RADIO
The Corporation for Public Broadcasting last week announced a $1.5 million
grant to establish the Center for Native American Radio, a centralized
service bureau that will provide technical, fundraising and programmatic
support to nearly 30 public radio stations serving Native American
listeners. The National Federation of Community Broadcasters will oversee
the Center's organization and operation, which will also be guided by an
advisory board of Native American station and community leaders. The Center
will seek non-traditional funding sources to aid the coalition of Native
stations, which serve communities from the Alaskan tundra to the Arizona
pueblo to the Native American populations of America's biggest cities. In
addition to fundraising, the Center will provide expertise on accounting,
engineering, programming and other forms of technical assistance that small
stations need to operate.
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=378

CPB GRANT LINKS ALASKA'S PUBLIC BROADCASTERS BY BROADBAND
Advancing the use of new technologies for public service, the Corporation
for Public Broadcasting (CPB) last week announced a $365,000 grant for the
Alaska Public Broadcasting Broadband Initiative, a project to link together
30 Alaska public radio and television stations via a high-speed data
network. Connection via a broadband network will help collaborating
stations create, share and distribute content more efficiently with each
other, as well as with their listening and viewing audiences. In turn,
stations can realize lower costs, generate new revenue, and improve overall
services to their communities.
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=377

QUICKLY

BIG WI-FI PROJECT FOR PHILADELPHIA
Another look at Philadelphia's two-year effort to string a free wireless
network across its 135 square miles, potentially giving the city an
entirely new identity as the most wired - or unwired - municipality on the
planet.
[SOURCE: New York Times, AUTHOR: Bob Tedeschi]
http://www.nytimes.com/2004/09/27/technology/27ecom.html
(requires registration)

CONSERVATIVE GROUP SAVAGES ANTI-P2P BILL
The American Conservative Union (ACU) is running newspaper and magazine
advertisements that take a humorous jab at the so-called Induce Act -- and
slams some conservative politicians for supporting it. "This is the
Hollywood liberals trying to crush innovation," said ACU deputy director
Stacie Rumenap. "What's sad is that they've got Republicans on their side."
A Senate committee vote on the bill is scheduled for Thursday.
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/Conservative+group+savages+anti-P2P+bill/2100-1028_3...
See also --
Antipiracy Bill Divides Studios and Tech Companies
http://online.wsj.com/article/0,,SB109623461284128181,00.html?mod=todays...
(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 9/24/04

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

MEDIA
Parents, Media and Public Policy
Dan Rather And the Decline Of Media Power
New Media Era Dawns in U.S.
Senate Commerce Committee Approval of Public Interest
Guidelines for Broadcasters

OWNERSHIP
News Corp Seeks Media Ownership Waiver
Sony Group Signs Final MGM Deal; Comcast Joins Mix

CELL PHONES
Senate Committee Beefs Up, Approves Cell Phone Number Privacy Protections
Headset Phones May Still Pose Risks for Drivers

QUICKLY
VeriSign Touts Childrens' Online Identity Token
Senate Committee Approves Spyware Bill
Microsoft Sues Web Hoster, Others Over Spam
Spectrum for Advanced Wireless Services
The Public's Responsibilities in Permit-But-Disclose Proceedings

MEDIA

PARENTS, MEDIA AND PUBLIC POLICY
A majority of parents say they are =93very=94 concerned about the amount of=
sex=20
(60%) and violence (53%) their children are exposed to on TV, according to=
=20
a new national survey of parents released today by the Henry J. Kaiser=20
Family Foundation. And after being read arguments on both sides of the=20
issue, nearly two-thirds of parents (63%) say they favor new regulations to=
=20
limit the amount of sex and violence in TV shows during the early evening=20
hours, when children are most likely to be watching (35% are opposed).=20
Overall parents are more concerned about inappropriate content on TV than=20
in other media: 34% say TV concerns them most, compared to 16% who say the=
=20
Internet, 10% movies, 7% music, and 5% video games. Half (50%) of all=20
parents say they have used the TV ratings to help guide their children=92s=
=20
viewing, including one in four (24%) who say they use them =93often.=94=
While=20
use of the V-Chip has increased substantially since 2001 (when 7% of all=20
parents said they used it), it remains modest at just 15% of all parents,=20
or about four in 10 (42%) of those who report having a V-Chip equipped TV.
Find the survey report at=20
http://www.kff.org/entmedia/loader.cfm?url=3D/commonspot/security/getfil...
m&PageID=3D46689
[SOURCE: Kaiser Family Foundation Press Release]
http://www.kff.org/entmedia/entmedia092304nr.cfm
There's more at:
http://www.kff.org/entmedia/entmedia092304pkg.cfm
Also see --
Poll: Parents Favor Violence Regs
http://www.broadcastingcable.com/article/CA455397?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

DAN RATHER AND THE DECLINE OF MEDIA POWER
[Commentary] The standard media model may be faltering and in the future=20
the way people get information about an event like Iraq will be different.=
=20
For years, there has been a saying that major media "sets the agenda." The=
=20
major networks and newspapers control content and define context. They get=
=20
to shape public perceptions about events by deciding what is left out of=20
stories. At its best, this is good editing. But too often now, it is=20
deciding how to bury or kill facts that weaken a story's main thesis. This=
=20
election has been a watershed for the rising power of alternative media in=
=20
the U.S. We saw Howard Dean's remarkable Internet fund-raising machine kick=
=20
in, the rise of the 527 groups, the Swift boat vets' campaign and now=20
bloggers with Web sites swarming CBS's false blockbuster, like antibodies.=
=20
Jon Stewart's "The Daily Show" is also a kind of alternative. The mama is=20
FOX Cable News. What is most important to understanding the rise and=20
apparent success of these alternatives is that there is clearly a hunger=20
and market for what they offer. A big market that will only grow when PC=20
screens truly function as televisions. The definition of "media" seems to=20
expand every six months. How long can it be before viable information=20
networks form around images and data sent from the little one-pixel cameras=
=20
on cellphones?
[SOURCE: Wall Street Journal, AUTHOR:Daniel Henninger henninger( at )wsj.com]
http://online.wsj.com/article/0,,SB109598110578626711,00.html?mod=3Dtoda...
s_opinion
(requires subscription)
Also see:
Rather Problematic
The CBS case is not about careless errors or lazy editing. It's about the=20
blind determination to run with the story, about a violation of every=20
journalistic caution to get the hit on the air.
[SOURCE: Wall Street Journal]
http://online.wsj.com/article/0,,SB109597908985426604,00.html?mod=3Dtoda...
s_weekend_journal
(requires subscription)

NEW MEDIA ERA DAWNS IN U.S.
Gone is the long-standing reliance of almost all Americans on a handful of=
=20
mass media outlets that reported the news in similar ways. Instead,=20
hundreds of new outlets offer Americans distinctive approaches to stories,=
=20
and many people have gravitated to the outlets that they believe most=20
reflect their own views. At the same time, increasing numbers of people are=
=20
relying on new forms of media such as Web logs and Internet sites to=20
supplement and even replace newspapers, magazines, radio stations, and both=
=20
broadcast networks and cable TV channels. The result, some say, is a nation=
=20
in which news consumers sometimes believe only what they see, hear or read=
=20
on the outlets they prefer =97 and label as biased or false the information=
=20
that doesn't jibe with their points of view. That kind of choice has ripple=
=20
effects not only for mainstream media, but also for the way society forms=20
its opinions and the way politicians and other idea salespeople get their=20
messages to the public.
[SOURCE: Detroit News, AUTHOR: Lisa Zagaroli. Michael H. Hodges, and Jim=
Lynch]
http://www.detnews.com/2004/politics/0409/22/a01-281440.htm

SENATE COMMERCE COMMITTEE APPROVAL OF PUBLIC INTEREST GUIDELINES FOR=20
BROADCASTERS
On Wednesday, in a Senate Commerce Committee proceeding that was, on the=20
whole, favorable to broadcasters=92 interests, media reformers achieved one=
=20
significant victory: In a bipartisan vote of 13 to 10, the Committee=20
approved an amendment by Senator Frank Lautenberg (D-NJ) that directs the=20
FCC to set specific public interest guidelines for broadcasters. Among=20
Committee members voting for the amendment were Senate Commerce Committee=20
Chairman John McCain (R-AZ) and Sen. Olympia Snowe (R-ME). The amendment=20
directs the FCC to establish =93minimum quantitative guidelines for locally=
=20
originated programming, local electoral and public affairs programming, and=
=20
independently produced programming for television broadcast=20
licensees.=94 The amendment also directs the FCC, when it is reviewing=20
broadcaster license renewals, to consider the extent to which broadcasters=
=20
comply with these guidelines. The Senate sent a clear and unarguable signal=
=20
to the FCC today that this agency must take seriously the public interest=20
obligations of broadcasters. The PIPA Coalition [which includes the Benton=
=20
Foundation] will work hard to ensure that today=92s Senate vote leads to FCC=
=20
approval of strong public interest guidelines.
[SOURCE: Common Cause Press Release]
http://www.commoncause.org/news/default.cfm?ArtID=3D395

OWNERSHIP

NEWS CORP SEEKS MEDIA OWNERSHIP WAIVER
Rupert Murdoch's News Corp is seeking a permanent waiver from the FCC's=20
newspaper-broadcast crossownership rule so that the company can continue to=
=20
own both the New York Post and TV station's WWOR/Ch 9 and WNYW/Ch 5. News=20
Corp claims continued uncertainty over whether the rule will be enforced=20
"threatens the continued development of the Post." Andrew Jay Schwartzman,=
=20
president of the Media Access Project, said News Corp's holdings give it=20
too much media power in the New York market and so it should be forced to=20
sell one of them to comply with the existing FCC rules. "Owning two VHF TV=
=20
stations and a daily newspaper won't pass muster with any analysis the FCC=
=20
could come up with," Mr. Schwartzman said. "Newspapers and television=20
stations are the most powerful forces shaping public opinion."
[SOURCE: Newsday, AUTHOR: Harry Berkowitz]
http://www.nynewsday.com/business/ny-bzpost0924,0,3006445.story

SONY GROUP SIGNS FINAL MGM DEAL; COMCAST JOINS MIX
The board of Metro-Goldwyn-Mayer approved the Sony-led deal to buy the=20
last independent movie studio for $2.94 billion plus the assumption of=20
about $2 billion in MGM debt. Cable giant Comcast agreed to invest $300=20
million in the deal extending a separate strategic partnership it forged=20
with Sony earlier this month. As part of that partnership, the two=20
companies entered a venture to develop cable channels together. Sony also=20
will license movies -- both its own and MGM's -- for Comcast's=20
video-on-demand service. Sony will add Hollywood's biggest movie library to=
=20
its arsenal. In all, the entity will boast a combined 8,000 titles. The=20
deal will give Sony added clout in the impending battle over the format for=
=20
the next generation of DVDs. The deal is subject to approval of regulators=
=20
and MGM shareholders; the parties hope to close the deal by mid-2005.
[SOURCE: Wall Street Journal, AUTHOR: Merissa Marr at merissa.marr( at )wsj.com]
http://online.wsj.com/article/0,,SB109597813896526543,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)
LATimes
http://www.latimes.com/business/printedition/la-fi-mgm24sep24,1,2672325....
y?coll=3Dla-headlines-pe-business
Multichannle News:
http://www.multichannel.com/article/CA455556?display=3DBreaking+News
(requires subscription)
TVWeek:
http://www.tvweek.com/news.cms?newsId=3D6371
See also:
Comcast's Big Bet on Content
An interview with Comcast CEO Brian Roberts. He describes how he's=20
preparing Comcast for the future as it faces increasing competition from=20
satellite-TV operators and phone companies.
[SOURCE: Wall Street Journal]
http://online.wsj.com/article/0,,SB109598311359726796,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

CELL PHONES

SENATE COMMITTEE BEEFS UP, APPROVES CELL PHONE NUMBER PRIVACY PROTECTIONS
Consumers Union applauded Senate Commerce Committee members for approving a=
=20
bill that would give cell phone customers control over their phone numbers,=
=20
and is urging a House panel to do the same next week when it considers the=
=20
bill, to ensure the privacy protections can become law before the wireless=
=20
industry launches its 411 directory. =93Public support for this bill is=20
overwhelming, and Congress needs to pass it now because the wireless=20
industry is expected to launch a 411 directory within the coming months,=94=
=20
said Janee Briesemeister, director of Consumers Union=92s=20
www.EscapeCellHell.org project, noting that 15,000 consumers have e-mailed=
=20
Congress through the Web site in support of the bill. =93Without these=20
protections in law, many consumers may find in a few months that their=20
private cell phone number is no longer private,=94 Briesemeister said. The=
=20
Senate panel approved S. 1963, the =93Wireless 411 Privacy Act,=94 that=
would=20
prohibit cell phone companies from charging new fees to customers who want=
=20
to keep their number out of the directory. An amendment offered by Sen.=20
Barbara Boxer (D-Calif.) was approved on a 12-10 vote that would require=20
all customers first give their permission in writing to be in the=20
directory. The bill as introduced only required existing customers to give=
=20
permission to be listed; new customers would have been listed in the=20
directory unless they =93opted-out.=94 =93We thank Senator Boxer and the=
other=20
committee members who put consumers=92 privacy concerns above the interests=
=20
of the wireless industry,=94 said Susanna Montezemolo, CU policy advocate.=
=20
=93By making sure the companies get permission before they place a number in=
=20
the database, all customers will enjoy the same high level of privacy=20
protection.=94
[SOURCE: Consumers Union Press Release]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001384.html...
e
The wireless industry lobby group, CTIA, responded with this statement:
"Fire, ready, aim is the approach the Senate Commerce Committee took today=
=20
on legislating Wireless 411 service. This is a service that has yet to be=20
introduced. The Wireless industry has a proven track record of innovation,=
=20
lower prices, and protecting customers=92 privacy. It is unnecessary for the=
=20
government to dictate best practices on a competitive industry with such a=
=20
stellar record. This is a service that many of our consumers are demanding,=
=20
especially those in the small business community who have cut the cord and=
=20
are totally wireless."
http://www.ctia.org/news_media/press/body.cfm?record_id=3D1437
See also
http://commerce.senate.gov/newsroom/printable.cfm?id=3D226657

HEADSET PHONES MAY STILL POSE RISKS FOR DRIVERS
Wireless carriers and automakers are encouraging use of "hands-free"=20
devices for cell phones. Researchers, however, continue to raise questions=
=20
about the potential dangers of talking on the phone while driving --=20
regardless of whether the driver is holding a cellphone or using a headset.
[SOURCE: Wall Street Journal, AUTHOR: Jesse Drucker at=
jesse.drucker( at )wsj.com]
http://online.wsj.com/article/0,,SB109599238867526997,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

QUICKLY

VERISIGN TOUTS CHILDREN'S ONLINE IDENTITY TOKEN
VeriSign and i-Safe America unveiled the i-Stik token which, when inserted=
=20
in a computer's USB port, provides verification of a child's age and=20
gender. The token will be available free to students in a handful of=20
schools this fall. School administrators will provide a list of students,=20
with their ages and genders, and VeriSign will encode that information onto=
=20
the tokens. The program will be expanded to thousands of schools across the=
=20
country starting in the spring of 2005.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DOCE5TMBOSHM0UCRBAE...
A?type=3DtechnologyNews&storyID=3D6318959

SENATE COMMITTEE APPROVES SPYWARE BILL
The Senate Commerce Committee approved a revised version of the Burns-Wyden=
=20
"SPYBLOCK" Act on September 22. The bill would give the Federal Trade=20
Commission authority over a variety of spyware-related activities, and=20
would make covert installation of software illegal. Anti-spyware=20
legislation has now been approved by Committees in both the House and=20
Senate, and is awaiting consideration by the full membership in both houses.
Text of S 2145: http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.02145:
CDT's Spyware Page:
http://www.cdt.org/privacy/spyware/
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)
See also:
http://commerce.senate.gov/newsroom/printable.cfm?id=3D226651

MICROSOFT SUES WEB HOSTER, OTHERS OVER SPAM
Microsoft filed nine new lawsuits against spammers who send unsolicited=20
e-mail, including an e-mail marketing Web hosting company. Microsoft has=20
launched a barrage of lawsuits against spammers over the past year in an=20
attempt to curb the spread of unsolicited e-mail.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D6...
50

SPECTRUM FOR ADVANCED WIRELESS SERVICES
On September 9, the FCC provided an additional twenty megahertz of spectrum=
=20
that can be used to offer a variety of broadband and advanced wireless=20
services (AWS), potentially including "third generation" (3G) wireless=20
services. The Commission also asked for public comment on licensing,=20
technical, and operational rules to govern the use of the 1915-1920 MHz,=20
1995-2000 MHz, 2020-2025 MHz, and 2175-2180 MHz bands designated for AWS.=20
On Wednesday, these documents were made available online.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-219A1.doc

THE PUBLIC'S RESPONSIBILITIES IN PERMIT-BUT DISCLOSE PROCEEDINGS
The disclosure requirements include the following: 1) Any written material=
=20
shown to Commission personnel during the course of a meeting, even if the=20
materials are not left with the staff, are deemed written presentations and=
=20
must be filed; 2) Persons orally presenting data or arguments not already=20
reflected in their written submissions in the proceeding must file=20
summaries of the new data or arguments; 3) Status inquiries must be=20
disclosed if they: a) state or imply a view as to the merits or outcome of=
=20
a proceeding, b) state why timing is important to a particular party or=20
indicate a date by which a proceeding should be resolved, or c) otherwise=20
address the merits or outcome or influence the timing of a proceeding; 4)=20
The duty to ensure the adequacy of ex parte notices rests with the person=20
making the presentation; and 5) Violations of the ex parte rules may result=
=20
in a person's disqualification from participating in a proceeding
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3040A1.doc
--------------------------------------------------------------
...and we are outta here. Have a great weekend. Go Cubs!
--------------------------------------------------------------
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 9/23/04

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

TELEVISION
Commerce Wants Public-Interest 'Guidelines'
Panel Scraps McCain DTV-Transition Deadline
Commerce OK's Captioning Cash

INDECENCY
Indecency Fines for Viacom-Owned CBS Stations for Halftime Show
Bad Mouth or Free Mouth, He Ruffles Genteel Airwaves

INTERNET
Barton Wants E-Rate Funding Reform With Local Money Added
House Could Vote on Spyware Bill Next Week

WIRELESS
Senate Panel Weighs In On Wireless Directory
Nextel Says FCC Undervalued Deal
Indians Answer Cellphones' Call
African Leaders Seek More Cell Phones, Computers

JOURNALISM
Journalism Must Evolve -- and Quickly

TELEVISION

COMMERCE WANTS PUBLIC-INTEREST 'GUIDELINES'
The Senate Commerce Committee approved an amendment, offered by Sen Frank=20
Lautenberg (D-NJ), to the digital TV transition bill that would the have=20
the FCC set guidelines for locally originated, public affairs and=20
independently produced programming that TV stations should air, guidelines=
=20
it could refer to when deciding whether to renew licenses. Broadcasters=20
have long argued against specific obligations as an infringement on their=20
free-speech rights and insist most already meet their obligations without=20
government quotas. The legislation mandates that the FCC wrap up its review=
=20
of the need for public interest obligations by Jan. 1, 2005.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell ]
http://www.broadcastingcable.com/article/CA455236?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

PANEL SCRAPS MCCAIN DTV-TRANSITION DEADLINE
The Senate Commerce Committee voted Wednesday to scrap a plan sponsored by=
=20
Sen. John McCain (R-AZ) that would have ended the digital-TV transition by=
=20
2009 in order to free up spectrum for police, fire and rescue units for=20
emergency communications. The panel adopted an amendment that would require=
=20
TV stations to give back 24 megahertz total -- channels 63, 64, 68 and 69=20
-- no later than Dec. 31, 2007. The amendment would allow the Federal=20
Communications Commission to waive the spectrum surrender if necessary to=20
avoid =93consumer disruption.=94 It was sponsored by Sens. Conrad Burns=
(R-MT)=20
and Ernest Hollings (D-SC). Now the debate shifts to the FCC. The agency is=
=20
expected to vote Nov. 9 on a plan that would track with Sen McCain=92s=20
legislation by ending the digital-TV transition Dec. 31, 2008.
NAB President Fritts said, "Today's vote balances the legitimate needs of=20
public safety providers while limiting the disruption of local television=20
service to millions of consumers. NAB thanks Sens. Stevens, Burns, Hollings=
=20
and Inouye - along with other Senators who supported the Burns amendment -=
=20
for recognizing the importance of a vibrant, universal and free system of=20
local broadcasting."
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA455136?display=3DBreaking+News
(requires subscription)
http://www.nab.org/Newsroom/PressRel/statements/092204dtvbill.htm
See also --
* McCain's Digital Conversion Measure Defeated
http://www.tvweek.com/news.cms?newsId=3D6355
* Senate Panel Votes to Transfer TV Airwaves to Safety Groups
http://www.washingtonpost.com/wp-dyn/articles/A43296-2004Sep22.html
(requires registration)

COMMERCE OK'S CAPTIONING CASH
The National Telecommunications and Information Administration would issue=
=20
$20 million in competitive grants to schools to train closed captioners for=
=20
television broadcasts under a bill approved by the Senate Commerce=20
Committee Wednesday. The grants would cover classroom training, curriculum=
=20
development, student recruitment, scholarships, distance learning, and job=
=20
placement. The country has only 10% of the 3,000 captioners needed to help=
=20
stations fulfill their requirement to caption all broadcasts for the hard=20
of hearing by 2006.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA455249?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

INDECENCY

INDECENCY FINES FOR VIACOM-OWNED CBS STATIONS FOR HALFTIME SHOW
On Wednesday the FCC issued a Notice of Apparent Liability for Forfeiture=20
of $550,000 against various subsidiaries of Viacom for apparently willfully=
=20
broadcasting indecent material during the February 1, 2004 Super Bowl=20
XXXVIII halftime show. The show contained a musical performance that=20
concluded with Justin Timberlake pulling off part of Janet Jackson's=20
clothing, exposing her breast. The Commission found that this partial=20
nudity was, in the context of the broadcast, in apparent violation of the=20
broadcast indecency standard. It proposed the statutory maximum amount=20
against each of the Viacom-owned CBS licensees of the 20 television=20
stations that aired the show due to the involvement of Viacom/CBS in the=20
planning and approval of the telecast and the history of indecency=20
violations committed by Viacom's Infinity Broadcasting Corporation=20
subsidiaries. Although the Commission found that other, non-Viacom owned=20
CBS affiliates also aired the material, it did not propose forfeitures=20
against them because of the unexpected nature of the halftime show and the=
=20
apparent lack of involvement in the selection, planning, and approval of=20
the telecast by these non-Viacom owned affiliates.
[SOURCE: FCC]
Press Release:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-252384A1.doc
Notice: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-209AA1.doc
As you might imagine, a number of people have something to say about this=20
decision. Here's links to:

* Statements from Commissioners:
Powell: The U.S. Constitution is generous in its protection of free=20
expression, but it is not a license to thrill. Anything goes is not an=20
acceptable mantra for those that elect to earn their profit using the=20
public=92s airwaves.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-209A2.doc
Copps: Said he felt all CBS affiliates should have been fined since they=20
all aired the show -- and it may send wrong message that stations may "pass=
=20
through" indecent content.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-209A3.doc
Martin: Other aspects of the halftime show should have been addressed.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-209A4.doc
Adelstein: After all the bold talk, it=92s a slap on the wrist that can be=
=20
paid with just 7=BD seconds of Super Bowl ad time. The $550,000 fine=
measures=20
up to only about a dollar per complaint for the more than 542,000=20
complaints that flooded into the FCC after the broadcast.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-209A5.doc

Reactions --
* FCC Falls Short in Fining CBS Affiliates for Indecent Super Bowl Show
http://www.parentstv.org/PTC/publications/release/2004/0922.asp

Additional coverage --
* FCC Issues Jackson Fine
http://www.broadcastingcable.com/article/CA455118?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
* FCC to Fine Viacom
http://www.tvweek.com/news.cms?newsId=3D6352
* CBS Is Fined $550,000 for Super Bowl Incident
http://www.nytimes.com/2004/09/23/business/media/23fine.html
(requires registration)
* FCC Throws Flag at CBS's Halftime Play
http://www.washingtonpost.com/wp-dyn/articles/A41557-2004Sep22.html
(requires registration)
* CBS Tackles 1 Scandal, Is Fined for a 2nd
http://www.latimes.com/news/printedition/asection/la-na-cbs23sep23,1,698...
.story?coll=3Dla-news-a_section
* CBS Fined $550K for Jackson Breast Exposure
http://www.multichannel.com/article/CA455235?display=3DBreaking+News
(requires subscription)

BAD MOUTH OF FREE MOUTH, HE RUFFLES GENTEEL AIRWAVES
If freedom of expression has limits in Canada, Jean-Fran=E7ois Fillion is=20
testing them as the radio shock jock whom both federal regulators and=20
Quebec separatists want to silence. Mr. Fillion's gossip about politicians=
=20
and competing radio personalities is often abusive and unsubstantiated, but=
=20
hardly shocking to American listeners, inured to years of Howard Stern's=20
rantings. What is perhaps different about Mr. Fillion is that his mix of=20
mischief, conservative populist politics and angry musings against the=20
traditional Quebec elites has made him a hero among Quebec City's young and=
=20
disenfranchised and a political force establishment politicians now fear to=
=20
take on.
[SOURCE: New York Times, AUTHOR: Clifford Krauss]
http://www.nytimes.com/2004/09/23/international/americas/23quebec.html
(requires registration)

INTERNET

BARTON WANTS E-RATE FUNDING REFORM WITH LOCAL MONEY ADDED
The federal E-rate program should be revamped so more of the funding comes=
=20
from local taxes, House Commerce Committee Chairman Barton (R-TX) said=20
Wednesday at the 3rd investigative hearing into the program held by the=20
committee=92s Oversight & Investigations Subcommittee. Rep Barton said=20
requiring local governments to provide more of the money for E-rate=20
projects to provide Internet connections for schools and libraries might=20
mean better accountability. Rep Barton also questioned whether the program=
=20
still needed $2.25 billion a year, especially after FCC Wireline Bureau=20
Chief Jeffrey Carlisle said more than 90% of schools have Internet=20
connections. Carlisle said funds are still needed to maintain existing=20
services. Rep Barton responded that =93if there is money, there are people=
=20
who will ask for it.=94 He said he understood the concern about poorer=20
schools and maybe Congress could set up a loan program to handle that=20
problem. Perhaps it could work this way, he said: If funds were spent=20
properly, the loan wouldn't have to be repaid.
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)
http://energycommerce.house.gov/108/Hearings/09222004hearing1358/hearing...

HOUSE COULD VOTE ON SPYWARE BILL NEXT WEEK
The U.S. House of Representatives will vote as soon as next week on a=20
measure to crack down on deceptive "spyware" that hides in users' computers=
=20
and secretly monitors their activities. The bill is expected to pass by a=20
wide margin thanks to the backing of high-tech. The Senate approved similar=
=20
legislation on Wednesday. Spyware can sap computing power, crash machines=20
and bury users under a blizzard of unwanted ads. It can capture passwords,=
=20
credit-card numbers and other sensitive data.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DO2GUGJH3YXT1ICRBAE...
A?type=3DtechnologyNews&storyID=3D6307487

WIRELESS

SENATE PANEL WEIGHS IN ON WIRELESS DIRECTORY
The Senate Commerce Committee voted yesterday to require cell phone=20
companies to get the approval of individual customers before listing their=
=20
wireless phone numbers in public directories. The wireless industry was=20
quick to criticize the Commerce Committee's vote yesterday, saying it was=20
an attempt to regulate a service before it has even been launched. "It is=20
unnecessary for the government to dictate best practices on a competitive=20
industry with such a stellar record. This is a service that many of our=20
consumers are demanding, especially those in the small business community=20
who have cut the cord and are totally wireless," Steve Largent, chief=20
executive of the Cellular Telecommunications and Internet Association, said.
The bill now awaits a vote by the full Senate.
[SOURCE: Washington Post, AUTHOR: Christopher Stern]
http://www.washingtonpost.com/wp-dyn/articles/A43295-2004Sep22.html
(requires registration)

NEXTEL SAYS FCC UNDERVALUED DEAL
In a filing with the FCC late Tuesday, Nextel said the FCC underestimated=20
the reach of its network, and therefore undervalued the airwaves Nextel=20
would give up. Instead of the $1.6 billion in credit that the FCC planned=20
to permit for the old airwaves, the company contends they are worth $740=20
million more using the commission's own formula. Nextel said the airwaves=20
are worth $452 million more using a formula based on updated, more detailed=
=20
information.
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A43297-2004Sep22.html
(requires registration)

INDIANS ANSWER CELLPHONES' CALL
Cellphones -- ubiquitous in so much of the world -- are taking off in=20
India, yet another outgrowth of its economic liberalization. India has been=
=20
late to the mobile-phone party as the industry for years remained tangled=20
in nettlesome regulations, licensing disputes and legal fights over who=20
could peddle which kinds of phones and where. It is only in the past 10=20
months that rules have been clarified to the extent that companies feel=20
comfortable enough to launch price wars, build bigger networks, bombard=20
consumers with ads and recruit armies of distributors and retailers.
[SOURCE: Wall Street Journal, AUTHOR: Eric Bellman eric.bellman( at )awsj.com]
http://online.wsj.com/article/0,,SB109589577371325542,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

AFRICAN LEADERS SEEK MORE CELL PHONES, COMPUTERS
The president of Senegal announced at the UN General Assembly meeting that=
=20
African leaders will launch a global fund to help people in poor countries=
=20
buy mobile phones and Internet access as a step out of poverty and into=20
economic growth. The new fund, pooling voluntary contributions solicited=20
from buyers of high-tech goods in wealthy nations, will be launched in=20
Geneva on Nov. 17.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DO2GUGJH3YXT1ICRBAE...
A?type=3DtechnologyNews&storyID=3D6307946

JOURNALISM

JOURNALISM MUST EVOLVE -- AND QUICKLY
[Commentary] In the Age of Information, journalism has to offer something=20
better. It needs a more credible, highly processed product. Editing should=
=20
be gaining importance relative to reporting. Ease of use is one way to add=
=20
value to information. Another way is to make it credible. And to do this,=20
journalists need to borrow some of the tools of science. Scientific method=
=20
is designed to let us ask questions of nature without being fooled by the=20
answer. Its objectivity is in its method, not in giving equal weight to all=
=20
of the possible answers as journalists are wont to do. Two key aspects of=20
scientific method that journalists need to adopt are transparency and=20
replication. Meyer concludes: With all of the noisy buzz of the information=
=20
age clamoring for our attention, we want calm voices that can convince us=20
that they spend the resources to investigate and present the truth. Trust=20
has become another scarce good. If the natural-selection process of the=20
marketplace still works, truth-tellers will prevail in the long run. The=20
news-consuming public will insist on it.
[SOURCE: USAToday, AUTHOR: Philip Meyer, Knight Professor of Journalism at=
=20
the University of North Carolina at Chapel Hill.]
http://www.usatoday.com/printedition/news/20040923/oplede23.art.htm
See also --
Media Titans, you're not alone
http://www.usatoday.com/printedition/news/20040923/opcom23.art.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.
--------------------------------------------------------------

Benton's Communications-related Headlines for 9/22/04

Two hearings of note today -- one on the digital TV transition and spectrum=
=20
for first responders (see story below) and one on the E-rate program. For=20
upcoming media policy events, see http://www.benton.org/calendar.htm

MEDIA & ELECTIONS
Public Interest Advocates Launch =91Media Watchdog Project=92
Big Three Commit to Debates, Fox Waffles
Court Ruling Won't Stop 527 Ads
CBS Storm Washes Over Viacom
Bloggers Keep Eye on the News

LEGISLATION
Public Interest Groups Decry Shortcomings of "Save Lives" Digital=20
Transition Act
Before Senate, Verizon Wireless Warns Colleagues on 411
Congress Should Pass Cell Phone Number Privacy Bill Before
Wireless Industry Launches 411 Directory
EPIC to Testify on Wireless Phone Directories
Largent Promotes Wireless 411 in Senate Hearing
Broadcast Voyeurism, Anti-Piracy and Privacy Tackled by House Tuesday
Critics Say Bill Could Trigger Flood of Faxes

CABLE
The War for Your Remote: Satellite Gains on Cable
Three Bells Support DOJ=92s Brand X Appeal

PUBLIC BROADCASTING
PBS Panders to Right With New Programming
CPB and IMLS create Partnership for a Nation of Learners

IF ONLY IT WERE APRIL
Mexico Churches Wage High-Tech War on Cell Phones
New German Mobile Phone to Detect Bad Breath

MEDIA & ELECTIONS

PUBLIC INTEREST ADVOCATES LAUNCH 'MEDIA WATCHDOG PROJECT'
With six weeks left until Election Day, the Alliance for Better Campaigns=20
today launched a Media Watchdog Project=20
(http://www.ourairwaves.org/scorecard) to encourage citizens to monitor=20
their local stations and call on broadcasters to devote more time to=20
candidate and issue discussion =AD particularly at the state and local=
level.=20
The Media Watchdog Project asks citizens to score media coverage of=20
elections on a variety of factors =AD including coverage of state and local=
=20
races, the amount of issue discussion vs. strategy or horserace coverage,=20
and the number of candidate soundbites. After completing the scorecard,=20
citizens have an opportunity to send customized feedback to station=20
managers and news directors via email. The launch of the Alliance=92s Media=
=20
Watchdog Project follows on the heels of the =93Community-by-Community=20
Campaign for Better Local Broadcasting=94. That campaign, organized by the=
=20
Public Interest, Public Airwaves Coalition, uses online advocacy technology=
=20
to allow citizens to connect with others in their community, and to=20
schedule meetings with local broadcasters to express their concerns about=20
election coverage. At the meetings, citizen activists also ask broadcasters=
=20
to sign a pledge agreeing to air a minimum of two hours per week of=20
candidate- or electoral issue-centered discourse during prime viewing hours=
=20
in the six weeks prior to the November 2 elections. The Alliance is a=20
founding member of the PIPA Coalition [which includes the Benton=
Foundation].
[SOURCE: Alliance for Better Campaigns Press Release]
http://www.ourairwaves.org/press/release.php?ReleaseID=3D61

BIG THREE COMMIT TO DEBATES, FOX WAFFLES
More than 45,000 people have asked the major broadcast networks to provide=
=20
coverage of the debates between candidates for President and Vice=20
President. CBS responded within 18 hours of the petition's launch. The=20
office of CBS News President Andrew Hayward contacted Media for Democracy=20
on Friday to announce: "Absolutely, positively, 1,000 percent correct, we=20
will carry all of the debates live." By the end of the day Monday, NBC and=
=20
ABC had followed suit, announcing that they planned to cover all of the=20
debates as well. The one hold out remains Fox, which has so far committed=20
to air only one debate, the first, via their more than 200 local broadcast=
=20
affiliates. Given Fox's track record there is reason for concern. In 2000,=
=20
Fox skipped a debate, opting to air the premiere episode of "Dark Angel."=20
This year, they have the rights to air the Major League Baseball playoffs,=
=20
and might preempt the debates if they pose a scheduling conflict.
The URL below will help readers petition Fox to air all of the debates.
[SOURCE: MediaChannel]
http://www.mediafordemocracy.us/campaign/debate

COURT RULING WON'T STOP 527 ADS
A new court order requiring election regulators to rewrite campaign-finance=
=20
rules isn't likely to affect this year=92s presidential election,=20
particularly the independent groups funding attack TV and radio ads on both=
=20
candidates. The chairman of the Federal Election Commission says current=20
campaign finance regulations are all but certain to remain in place though=
=20
this fall=92s election, despite a court order to rewrite rules implementing=
=20
the 2002 reform law. =93It is literally impossible to have new regulations=
=20
prior to the elections,=94 said Chairman Bradley Smith. Any new rules would=
=20
have to be submitted for a round of public comment before approval by the=20
commission.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA454690?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

CBS STORM WASHES OVER VIACOM
Although the CBS news division will suffer some damage because of the=20
National Guard memo scandal, there's good news at parent Viacom -- the=20
company will go right along making lots of money. See how -- an another=20
example of the "power of the brand" -- at the URL below.
[SOURCE: New York Times, AUTHOR: Geraldine Fabikant]
http://www.nytimes.com/2004/09/22/business/media/22viacom.html
(requires registration)
Also see:
CBS, Sitting Between Fiasco And Fallout
[SOURCE: Washington Post, AUTHOR: Howard Kurtz]
http://www.washingtonpost.com/wp-dyn/articles/A39939-2004Sep21.html
(requires registration)
CBS Controversy Comes As Network Nightly News Shows Are Losing Clout
The CBS debacle has raised worries within and outside the news business=20
that the media will turn even warier about taking on contentious subjects=20
just as the campaign is heating up.
[SOURCE: Wall Street Journal, AUTHOR: Brooks Barnes brooks.barnes( at )wsj.com &=
=20
Joe Flint joe.flint( at )wsj.com]
http://online.wsj.com/article/0,,SB109581440937724464,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

BLOGGERS KEEP EYE ON THE NEWS
Are you starting to take bloggers more seriously? Apparently, the=20
traditional media are. The CBS/National Guard memo incident is=20
demonstrating how there's an expert about everything out there and how=20
quickly they can share their knowledge now. "There's no question we all=20
have to take them seriously,=94 says Terence Smith, media correspondent and=
=20
senior producer at PBS' The NewsHour with Jim Lehrer. =93They do provide, at=
=20
least potentially, a useful fact-checking function." For the old media,=20
=93this must have been what it was like for the Catholic Church when movable=
=20
type was invented,=94 says Jack Shafer, who writes a media column called=20
=93Press Box=94 for the online magazine Slate. =93Until then, the church=20
controlled who would be the scribes.=94 For some media experts, the=
documents=20
episode underscores a troubling fact about this year's political reporting.=
=20
With just six weeks left in the presidential campaign, the media experts=20
say it appears the stories the news media will be most remembered for=20
reporting are about memos that might be forgeries and things that happened=
=20
30 years ago on a river in Vietnam. Those stories focus on charges =97 all=
=20
challenged =97 leveled by a group of Vietnam War veterans at Democratic=20
presidential candidate Sen. John Kerry. Many editors say they recognize=20
what's happening and hope to use the time between now and Election Day,=20
Nov. 2, to put more substance into the news they report. =93I'm reaching the=
=20
point where I want to ratchet down considerably the volume of coverage we=20
give to the campaigns' back-and-forth and ratchet up the coverage we give=20
to where the candidates stand on the issues,=94 says Douglas Clifton, editor=
=20
of The Plain Dealer in Cleveland.
[SOURCE: USAToday, AUTHOR:Mark Memmott]
http://www.usatoday.com/printedition/news/20040922/a_documents_media22.a...
tm

LEGISLATION

PUBLIC INTEREST GROUPS DECRY SHORTCOMINGS OF "SAVE LIVES" DIGITAL=20
TRANSITION ACT
The Consumer Federation of America and Free Press have sent an open letter=
=20
to members of the Senate Commerce Committee about provisions in the=20
Spectrum Availability for Emergency-Response and Law Enforcement To Improve=
=20
Vital Emergency Services Act (the Save Lives Act). The legislation aims at=
=20
quickening the transition to digital-only TV broadcasting to make spectrum=
=20
available to public safety workers. "Unfortunately, the provisions that=20
claim to protect consumers and promote the public interest in other uses of=
=20
the airwaves are a disaster," the letter states. The groups say flaws in=20
the legislation include: 1) failure to allocate any of the airwaves to=20
unlicensed use and makes it harder for the FCC to designate spectrum for=20
unlicensed uses in the future, 2) earmarking far too much radio spectrum=20
for auction, without any analysis of the needs for resources to accomplish=
=20
the transition, 3) failure to allocate any of the proceeds of the auction=20
of the airwaves to a public trust for noncommercial or community media, 4)=
=20
failure to require full compatibility for all television sets in all=20
households, 5) opening the door for cable and satellite companies to seek=20
subsidies for equipment they are planning to deploy on a commercial basis,=
=20
and 6) providing no policy direction for establishing the public interest=20
obligations of broadcasters, cable operators, and satellite companies.
The Senate Commerce Committee is expected to vote on the bill Wednesday.
[SOURCE: Consumer Federation of America/Free Press]
http://www.freepress.net/news/release.php?id=3D26
See also:
Spectrum Bill Vote Scheduled
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA454714?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

BEFORE SENATE, VERIZON WIRELESS WARNS COLLEAGUES ON 411
Privacy concerns were raised at the Senate Commerce Committee hearing on a=
=20
411 directory for wireless phones. Verizon Wireless CEO Dennis Strigl said=
=20
his company would never participate in such a directory and Sen Barbara=20
Boxer (D-CA) warned colleagues about the =93chaos=94 that would ensue once=
=20
constituents in their states start
receiving unwanted calls on their wireless phone. She added she was working=
=20
with Sen Specter (R-PA) on an amendment to proposed legislation, S-1963, to=
=20
add privacy protections to a bill that already aims to require opt-in=20
privacy protection for existing wireless subscribers and opt-out options=20
for new subscribers. Sen Boxer wants consumers to know about requests for=20
their numbers before the information is given out.
The bill is scheduled to be marked-up by the same committee today.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
Also see --
*News.com
http://news.com.com/Will+cell+numbers+be+listed+with+411/2100-1039_3-537...
.html?tag=3Dnefd.top
See summaries of testimony and links below.
http://commerce.senate.gov/hearings/witnesslist.cfm?id=3D1315

CONGRESS SHOULD PASS CELL PHONE NUMBER PRIVACY BILL BEFORE WIRELESS=20
INDUSTRY LAUNCHES 411 DIRECTORY
Congress should immediately pass a law to give cell phone customers control=
=20
over their phone numbers before the wireless industry launches a proposed=20
411 directory in the coming months, Consumers Union urged Tuesday in=20
written testimony before the Senate Commerce Committee. Consumers Union is=
=20
supporting S. 1963, the =93Wireless 411 Privacy Act,=94 because the bill=
would=20
make law some privacy protections rather than relying on industry promises=
=20
to do so. The bill, which is to be considered today by the full Senate=20
Commerce Committee, prohibits charging new fees for unlisted numbers and=20
gives consumers discretion whether to list their number. However,=20
Consumers Union is urging that the legislation be strengthened through an=20
amendment to require that all customers affirmatively =93opt-in=94 to the=20
directory in writing. As filed, the legislation creates a dual system of=20
obtaining consumers=92 permission to have their cell phone numbers listed in=
=20
the directory. Current customers would have to affirmatively opt into the=20
directory, while new customers would have their numbers included in the=20
directory unless they opted-out. The directory is expected to reap billions=
=20
for the cell phone industry -- based on anticipated revenues from callers=20
to the 411 directory service and more calls being connected.
[SOURCE: Consumers Union]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001380.html...
e

EPIC TO TESTIFY ON WIRELESS PHONE DIRECTORIES
On Tuesday, September 21, EPIC Executive Director Marc Rotenberg testified=
=20
before the Senate Commerce Committee on "The Wireless 411 Privacy Act." The=
=20
law would establish some privacy safeguards for wireless phone subscribers.=
=20
EPIC's testimony argues for an opt-in approach for directory listings,=20
security safeguards, and a prohibition on the sale of personal mobile phone=
=20
numbers to data brokers.
[SOURCE: Electronic Privacy Information Center]
http://www.epic.org/privacy/wireless/dirtest_904.html

LARGENT PROMOTES WIRELESS 411 IN SENATE HEARING
Citing the proposed Wireless 411 service as the newest chapter in the=20
wireless industry=92s outstanding history of providing consumers with=20
attractive options, Steve Largent, President and CEO of CTIA-The Wireless=20
Association, testified today before the United States Senate Committee on=20
Commerce, Science and Transportation. Largent=92s testimony was in regard to=
=20
S. 1963, the "Wireless 411 Privacy Act", introduced by Senator Arlen=20
Specter (R-Pennsylvania) and Senator Barbara Boxer (D-California). Largent=
=20
told the committee the wireless industry has always placed a premium on=20
protecting consumers=92 privacy and that the proposed service was developed=
=20
with maintaining that respect. Largent says the Wireless 411 service would=
=20
be appealing to millions of small business owners in the United States as=20
well as the more than eight million Americans who have "cut the cord" and=20
exclusively use their wireless phone for telecommunication. Many of these=20
customers currently pay to have their wireless numbers listed in "landline"=
=20
directories. He also outlined the featured components of the system: only=20
consumers who "opt-in" will have their numbers available in the database;=20
if a consumer chooses not to be included, they will not have to do=20
anything; there will be no fee assessed for not participating; there will=20
be no published directory of the numbers; there will be no Internet access=
=20
to the numbers; the database cannot be sold to any third-party. Largent=20
also told the committee that legislation was premature since the service=20
had not even been implemented, and that legislation was unnecessary due to=
=20
a much more powerful force, the wireless consumer.
[SOURCE: Cellular Telecommunications & Internet Association]
http://www.ctia.org/news_media/press/body.cfm?record_id=3D1436
Read Larget's testimony at
http://www.ctia.org/news_media/press/body.cfm?record_id=3D1435

BROADCAST VOYEURISM, ANTI-PIRACY AND PRIVACY TACKLED BY HOUSE TUESDAY
The House approved three bills creating new criminal and civil penalties=20
for voyeurism, software and media piracy, and online fraud. The voyeurism=20
bill, S-1301 by Sen. DeWine (R-O.), already passed the Senate last year on=
=20
a voice vote. It was amended and needs to go back to the Senate, but could=
=20
make it to President Bush's desk this year. No legislation similar to the=20
copyright bill (HR-3632) or domain name fraud (HR-3754) has cleared the=20
Senate.
[SOURCE: Communications Daily, AUTHOR: Patrick Ross]
(Not available online)
Also see:
* Reuters
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DXTNLIHK31OC1YCRBAE...
A?type=3DinternetNews&storyID=3D6297075
* News.com
http://news.com.com/House+takes+on+piracy%2C+video+voyeurism/2110-1028_3...
6601.html?tag=3Dnefd.hed

CRITICS SAY BILL COULD TRIGGER FLOOD OF FAXES
The Junk Fax Prevention Act, which has passed through the House and awaits=
=20
a vote in the Senate, was designed to clarify rules for advertising via fax=
=20
machines, but could expose consumers to a flood of unwanted solicitations.=
=20
The bill mirrors current law by banning unsolicited faxes, but makes=20
explicit an exception for companies that have "established business=20
relationships" with consumers or other businesses. Under that exception,=20
consumers who once purchased a product, or even sought information, from a=
=20
company could be sent faxed promotions even if they had expressed no=20
interest in future transactions or had not provided their fax number. The=20
relationship could be at least five years old, but no more than seven,=20
under the bill's terms.
[SOURCE: Washington Post, AUTHOR: Jonathan Krim]
http://www.washingtonpost.com/wp-dyn/articles/A39773-2004Sep21.html
(requires registration)

CABLE

THE WAR FOR YOUR REMOTE: SATELLITE GAINS ON CABLE
Why cable subscribership went down for the first time last year, satellite=
=20
TV operators added 2.3 million new customers. One of the biggest reasons=20
for satellite's recent gains is that cable companies, which still have=20
three times more subscribers than satellite, have lost what has long been=20
one of their most compelling competitive advantages: the ability to offer=20
local channels. That includes the local affiliates of networks such as CBS=
=20
and Fox, and popular shows such as the local news. In recent years, the two=
=20
major satellite providers, DirecTV and EchoStar, have added enough=20
satellite capacity to accommodate these extra channels in most major=20
markets. EchoStar offers them to more than 92% of U.S. households. Cable=20
has held on to its biggest spending customers and is fighting back by=20
offering local digital channels and video-on-demand.
[SOURCE: Wall Street Journal, AUTHOR: Peter Grant at peter.grant( at )wsj.com]
http://online.wsj.com/article/0,,SB109580709654324175,00.html?mod=3Dtoda...
s_personal_journal
(requires subscription)

THREE BELLS SUPPORT DOF'S BRAND X APPEAL
BellSouth, SBC and Verizon have asked the Supreme Court to review a=20
decision by the U.S. Court of Appeals for the Ninth Circuit in San=20
Francisco, which held that cable-modem service is subject to open-access=20
requirements. The three Bells are concerned that if the Supreme Court does=
=20
not strike down the ruling in Brand X Internet Services vs. the Federal=20
Communications Commission, the FCC will be denied the authority assigned it=
=20
by Congress to establish a national deregulatory approach to broadband=20
services, regardless of the provider. In March 2002, the FCC decided to=20
keep cable-modem service deregulated, and the agency later proposed to=20
accord the same treatment to the Bells=92 digital-subscriber-line service.=
=20
But the Ninth Circuit=92s reversal of the cable-modem decision froze the FCC=
=20
from taking further steps to deregulate DSL, which must comply with=20
open-access rules.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA454708?display=3DBreaking+News
(requires subscription)

PUBLIC BROADCASTING

PBS PANDERS TO RIGHT WITH NEW PROGRAMMING
A new public television program called The Journal Editorial Report,=20
featuring writers and editors from the conservative Wall Street Journal=20
editorial page, debuted recently on public television stations around the=
=20
country. The show joins Tucker Carlson: Unfiltered, hosted by conservative=
=20
CNN pundit Tucker Carlson, and a planned program featuring conservative=20
commentator Michael Medved as part of what many see as politically=20
motivated decisions to bring more right-wing voices to "balance" public=20
television. The notion that public broadcasting should find ways to balance=
=20
itself is odd, and accepts at face value the right-wing critique that PBS=20
is biased to the left. If anything, public broadcasting is theoretically=20
designed to balance the voices that dominate the commercial media. As the=
=20
1967 Public Broadcasting Act proposed, public broadcasting should have=20
"instructional, educational and cultural purposes" and should address "the=
=20
needs of unserved and underserved audiences, particularly
children and minorities." Instead, public television has in practice=20
largely been a home for elite viewpoints, dominated by long-running=20
political shows hosted by conservatives and by business shows aimed at the=
=20
investing class. CPB was initially intended to be a "heat shield" for=20
public broadcasting, protecting programmers from political pressures from=20
partisan lawmakers who control the purse strings. It's long since become a=
=20
mechanism for transmitting Congress' ideological desires to public=20
broadcasting, and the new shows announced for public TV show that it's very=
=20
effective in that role.
[SOURCE: FAIR]
http://www.fair.org/activism/pbs-goes-right.html

CPB AND IMLS CREATE PARTNERSHIP FOR A NATION OF LEARNERS
Partnership for a Nation of Learners, a multi-year, $3 million initiative=20
of CPB and the Institute of Museum and Library Services (IMLS), will=20
provide resources to bring together libraries, public broadcasters, and=20
museums to leverage community assets and create new pathways to learning,=20
discovery, and exploration. The initiative will offer competitive grants to=
=20
support existing collaborations and to create new ones, encourage=20
professional development, and conduct project evaluations to measure=20
effectiveness. Grant application guidelines and more information about the=
=20
initiative will be available on October 31, 2004, at=20
http://www.cpb.org/partners/.
[SOURCE: Corporation for Public Broadcasting/Institute of Museum and=20
Library Services Press Release]
http://www.cpb.org/programs/pr.php?prn=3D375
Also see:
Tomlinson, Cruz Elected to Second Terms as Chair, Vice Chair of CPB Board
Kenneth Tomlinson, a veteran journalist and author, has served on the CPB=20
board since September 2000. Prior to being elected to his first term as=20
board chair, he chaired CPB=92s audit and finance committee (2001-2003).=20
Currently, he chairs the Broadcasting Board of Governors (BBG) which=20
oversees all U.S. international broadcasting including Voice of America=20
(VOA), Radio Free Europe/Radio Liberty (RFE/RL), Radio Free Asia (RFA) and=
=20
Radio-TV Marti. Tomlinson was editor-in-chief of Reader=92s Digest until=
1996.
Frank Cruz was appointed to the CPB board in August 1994, and was=20
reconfirmed for a second term in 2000. He is a past chair of CPB=92s audit=
=20
and finance committee (1996 to 1998), and past board chair (1999 to 2001).=
=20
Cruz is currently president of Cruz and Associates, which he founded in=20
1995. He founded Gulf Atlantic Life Insurance Company, the first=20
Hispanic-owned life insurance company in the United States. A former=20
journalist, Cruz is a founder of Telemundo, the nation=92s second Spanish=20
language network, and of KVEA-TV in Los Angeles. He is a member of the=20
board of trustees of the University of Southern California and a trustee of=
=20
the James Irvine Foundation and Health Net.
http://www.cpb.org/programs/pr.php?prn=3D376

IF ONLY IT WERE APRIL

MEXICO CHURCHES WAGE HIGH-TECH WAR ON CELL PHONES
Turn off those g*% %( at )&# cell phones, say some Mexican churches. Actually,=20
they are using state-of-the-art technology to silence cell phones that ring=
=20
during mass. The technology blocks incoming calls. "Before we had the=20
system, it was very uncomfortable hearing calls coming in during the=20
celebration of mass. But now it's 95 percent quiet," said Bulmaro Carranza,=
=20
a caretaker at Sacred Heart church. Outgoing calls are not blocked as some=
=20
church goes may have god's number.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml?type=3DtechnologyNews&storyID=3...
6345

NEW GERMAN MOBILE PHONE TO DETECT BAD BREATH
Some people take smelling good rather seriously and, thankfully, there's a=
=20
cell phone maker with them in mind. Siemens Mobile is developing the first=
=20
mobile phone that will alert users when their breath is bad or if they are=
=20
giving off offensive smells. And added feature will dispense breath mints=20
and deodorant.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml?type=3DtechnologyNews&storyID=3...
4563
--------------------------------------------------------------
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 9/21/04

For upcoming media policy events, see http://www.benton.org/calendar.htm.
Today's events include a hearing wireless directory assistance services and
a public forum with the board of directors of CPB. The Free Press town
meeting on the future of media in Miami, Florida has been postponed.

MEDIA & ELECTIONS
Federal Judge Remands FEC Rules on Broadcast Ads, Internet
Nets Line Up For Debates

BROADCASTING
McCain Pushes for 2009 Digital Deadline
DTV Transition Distant, Says Group
'Make Violence Indecent,' Barks Watchdog

QUICKLY
Cable Working to Reach Diversity Goals
Nextel Wants Better FCC Deal
Corner Office Shift: Telecommuting Rises In Executive Ranks
Nepalese Man Honored for Connecting Villages

MEDIA & ELECTIONS

FEDERAL JUDGE REMANDS FEC RULES ON BROADCAST ADS, INTERNET
U.S. District Judge in Washington DC Colleen Kollar-Kotelly remanded 15 of
19 Federal Election Commission rulemakings implementing the Bipartisan
Campaign Reform Act (BCRA), saying that the Commission ignored Congress's
will in exempting regulation imposed in the final days of an
election. Judge Kollar-Kotelly ruled that FEC exemptions of all Internet
communications, ads aired without payment, and broadcast ads by 501(c)(3)
groups, which under the IRS code are forbidden from participating in
political campaigns, ran "completely afoul" of settled law and undercut the
agency's "statutory purpose of regulating campaign finance and preventing
circumvention of the campaign finance rules." The FEC is essentially
trusting the IRS to police the 501(c)(3) groups, Kollar-Kotelly wrote. But
she said that "is troubling" given the fact "that the IRS in the past has
not viewed Section 501(c)(3)'s ban on political activities to encompass
activities" defined in the FEC rulemaking. Because it's not clear whether
the IRS will regulate a 501(c)(3) according to the definition used in the
FEC exemption, she wrote, the rulemaking can't be allowed to stand.
Sponsors of the legislation in the House and the Senate led the fight to
challenge the FEC ruling and applauded the court's decision.
[SOURCE: Communications Daily, AUTHOR: Patrick Ross]
(Not available online)
See additional coverage --
* NYTimes: http://www.nytimes.com/2004/09/21/politics/campaign/21donate.html?hp
http://www.nytimes.com/2004/09/21/opinion/21tue2.html
*
WSJ:
http://online.wsj.com/article/0,,SB109569142503022330,00.html?mod=todays...
*
WP: http://www.washingtonpost.com/wp-dyn/articles/A35257-2004Sep20.html
* USAToday:
http://www.usatoday.com/printedition/news/20040921/a_campaignfinance21.a...

NETS LINE UP FOR DEBATES
President Bush and Sen Kerry apparently will debate three times and Vice
President Cheney and Sen Edwards will debate once before the November
election. After an official announcement is made, CBS, ABC and NBC are
likely to announce they will air the debates live. Fox may air just the
first debate. The presidential debates will be Sept. 30, Oct. 8, and Oct.
13, with the VP debate Oct. 5.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA454485?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
See NYTimes for more information about the now scheduled debates.
http://www.nytimes.com/2004/09/21/politics/campaign/21agreement.html

BROADCASTING

MCCAIN PUSHES FOR 2009 DIGITAL DEADLINE
Senate Commerce Committee Chairman John McCain (R-AZ) has tentatively
scheduled Wednesday for a vote on legislation that would set a hard date
for the conversion to digital-only TV broadcasting and provide $1 billion
in subsidies for digital-to-analog converters to ensure that some of the 73
million analog-only TV sets in the United States that aren't connected to
cable or satellite don't go dark when broadcasters are forced to pull the
plug on analog operations. Low-income households and other households that
rely exclusively on over-the-air reception would get first crack at the
subsidies. In addition, the bill would require analog-only TV sets sold
after Sept. 30, 2005, to include labels warning that they won't be able to
receive broadcast signals after Dec. 31, 2008, "without the purchase of
additional equipment." The National Association of Broadcasters opposes the
legislation.
[SOURCE: TVWeek, AUTHOR: Doug Halonen]
http://www.tvweek.com/news.cms?newsId=6330
See also:
* McCain Bill Would End DTV Transition by 2009
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA454474?display=Breaking+News
(requires subscription)
* LATimes:
http://www.latimes.com/business/printedition/la-fi-rup21.7sep21,1,685395...

DTV TRANSITION DISTANT, SAYS GROUP
The Digital Transition Coalition is concerned the transition to digital TV
might not be reaching everyone and especially households in thinly
populated states. In Alaska, for instance, the DTV programming of ABC and
FOX are not available over the air to anyone. CBS and NBC digital programs
reach 98.9% and 87.7% of the public, respectively. Statewide 86.6% of
households cannot receive a broadcast digital signal. DTV reach also lags
the nation in Vermont, South Dakota, Montana, Hawaii and Utah. The
coalition wants Congress to let DBS providers beam digital network
programming from out-of-town markets to households that can't get the net's
digital programming from a local affiliate. DBS providers are already
allowed to deliver analog network signals to unserved areas. Broadcasters
so far have successfully fought the idea, arguing the DBS providers will
continue to import programming illegally after stations begin serving those
customers with digital.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA454481?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

'MAKE VIOLENCE INDECENT,' BARKS WATCHDOG
The FCC is requesting comments by October 15 on violent broadcast content
and Morality in Media has filed early in an attempt to kick off the debate.
The group argues that violent scenes have no more constitutional protection
than do the depictions of sexual or excretory activities the FCC already
restricts. "The Supreme Court did not modify its definition [of indecency]
to restrict the phrase to 'in sexual connotations,'" it said. The group
also argued that, unlike a safe harbor allowing sexual and excretory
depictions between 10 p.m. and 6 a.m., there should be no safe harbor when
indecent violence would be permitted. Morality in Media's suggested
definition of indecency would restrict "outrageously offensive or
outrageously disgusting" violence as determined by contemporary, community
standards.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA454486?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

QUICKLY

CABLE WORKING TO REACH DIVERSITY GOALS
Speaking Monday at the opening session of the National Association of
Multi-Ethnicity in Communications' conference, cable executives expressed
their commitment to diversity. Executives agreed that companies have to
employ disciplined plans to affect diversity within their companies, as
well as to hold executives accountable for employing and advancing people
of color and women into the upper echelon of management positions. And once
minorities are hired, the work environment has to be accepting of new ideas
and potential complaints if companies are to retain talented women and
people of color.
[SOURCE: Multichannel News, AUTHOR:R. Thomas Umstead]
http://www.multichannel.com/article/CA454463?display=Breaking+News
(requires subscription)

NEXTEL WANTS BETTER FCC DEAL
Nextel Communications is pressing the FCC to revamp its controversial
decision giving the cellular company new airwaves, seeking changes that
according to some estimates could save Nextel as much as $700 million.
Although this summer's rebanding plan was seen as a major victory for
Nextel, the company has not accepted the deal yet. Nextel executives have
asked to be given more credit for the airwaves that the company would give
back. That, in turn, would require Nextel to pay less in cash to underwrite
the costs to move fire and police communications to new spectrum and
compensate the government.
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A36904-2004Sep20.html
(requires registration)

CORNER OFFICE SHIFT: TELECOMMUTING RISES IN EXECUTIVE RANKS
Telecommuting, once primarily the domain of lower-level and technical
employees [like Headlines editors], increasingly is moving into the senior
management ranks. The reasons driving the trend are diverse: Faster
broadband Internet connections between home and office; the Sept. 11, 2001
terror attacks, which made companies recognize the value of placing
executives apart geographically to help reduce disruptions; and managers'
increasing comfort with the idea of working remotely. The number of
Americans employed by a company -- and who work from home at least one day
per month -- rose to 24.1 million this year from 23.5 million in 2003,
according to a recent study. At the same time, the number of people
telecommuting full-time shot up 41% from last year, to 12.4 million from
8.8 million.
[SOURCE: Wall Street Journal, AUTHOR: Kris Maher kris.maher( at )wsj.com]
http://online.wsj.com/article/0,,SB109571616113022806,00.html?mod=todays...
(requires subscription)

NEPALESE MAN HONORED FOR CONNECTING VILLAGES
While technology from the Silicon Valley and elsewhere can help change
lives, it often requires human effort to close the deal. Cassidy relates
the story of Mahabir Pun who helped connect his remote village in Nepal to
the Internet even though it was not connected to electricity or the phone
network. This month a British non-profit honored him with the 2004 Overall
Social Innovations Award for his efforts.
[SOURCE: San Jose Mercury News, AUTHOR: Mike Cassidy]
http://www.mercurynews.com/mld/mercurynews/business/technology/9719460.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. 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 9/20/04

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

TELEVISION
Your Money or Your License
More Kids TV, But Better?
McCain DTV Conversion Bill Slates $1 Billion for Converter Boxes
Lawmakers Seek to Halt DTV Transition Plan
Comcast=92s DTV Triple Play

DIVERSITY
As Media Audience Fragments, Trust -- Not Objectivity -- Is What Matters
Newsrooms Haven't Changed Much
Cable Lags In Diversity: Survey

QUICKLY
Tech's Future
Nextel Lays Out Objections to 800 MHz Rebanding Plan
Users Find Too Many Phish in the Internet Sea
A PUC Consumer Champ Draws Ire

TELEVISION

YOUR MONEY OR YOUR LICENSE
Media watchdog Parents Television Council (PTC) plans to challenge perhaps=
=20
hundreds of local TV license renewals coming due for FCC review over the=20
next three years. Other organizations -- including the United Church of=20
Christ and the Alliance for Better Campaigns -- are also challenging=20
license renewals. The activists hope to take advantage of the FCC's=20
obligation to judge each station's performance serving their community's=20
local-programming needs, including educational shows and local-news and=20
campaign coverage. Since media conglomerates have spent millions assembling=
=20
national station groups, a growing chorus of critics charge they're=20
boosting profits by airing reality shows, celebrity journalism, and prime=20
time shows laden with sex and violence. At the same time, critics say, the=
=20
networks are abandoning their obligation to serve the programming needs of=
=20
communities. FCC Commissioner Michael Copps predicts activists' efforts=20
will end what he sees as a renewal process that requires broadcasters to do=
=20
little more than mail in a postcard asking to stay in business another=20
eight years. "The FCC can do something about licensing by reinstituting a=20
serious, honest-to-God license-renewal process," he told Congress after the=
=20
FCC relaxed broadcast rules in 2003. Although the FCC has rarely denied=20
renewals, the threats raise the specter of costly legal battles to defend=20
station holdings. The TV industry will collectively spend millions=20
defending shows in staff-level FCC renewal proceedings, and any FCC action=
=20
could have greater repercussions in the industry -- from which shows are=20
chosen by stations to how the shows are sold or written.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA454236?display=3DTop+of+the+W...
referral=3DSUPP
(free access for Benton's Headlines subscribers)
See also --
Alliance Eyes License Challenges
http://www.broadcastingcable.com/article/CA454028?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

MORE KIDS TV, BUT BETTER?
On September 9 the FCC adopted new rules that will require digital=20
broadcasters who multicast to provide an additional three hours of=20
children's educational/information programming for each new channel they=20
air. That means there could be a lot more children's programming available=
=20
on digital TV -- but will it be better? Some are skeptical. Some critics of=
=20
broadcasters say many stations meet a three-hour weekly quota by airing=20
cartoons and other programs with little informational value. American=20
University professor and longtime kids-TV advocate Kathryn Montgomery=20
worries that the networks will spread their current libraries "as thinly as=
=20
possible" to comply. At the heart of the debate is the FCC's reluctance to=
=20
spell out exactly what qualifies as educational programming. In 1996, the=20
agency left it to broadcasters to decide, spurring complaints that stations=
=20
sometimes tried to sneak in shows like The Flintstones by arguing that they=
=20
taught kids about prehistoric life. Several station groups were embarrassed=
=20
when those attempts came to light, and few go that far anymore, but the=20
debate over quality continues.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA454244?display=3DWashington&r...
ral=3DSUPP
(free access for Benton's Headlines subscribers)

MCCAIN DTV CONVERSION BILL SLATES $1 BILLION FOR CONVERTOR BOXES
On Wednesday, Senate Commerce Committee Chairman John McCain (R-AZ) is=20
likely to propose -- as part of the Spectrum Availability for Emergency=20
Response and Law Enforcement to Improve Vital Emergency Service Act (the=20
SAVE LIVES Act) -- a $1 billion subsidy for digital television convertor=20
boxes to help speed the transition to digital-only TV broadcasting. The=20
FCC will have firm deadlines for deciding outstanding digital TV issues: 1)=
=20
signal carriage requirements (Jan 2005), 2), 2) broadcaster public interest=
=20
obligations (Jan 2006) and 3) DBS carriage of local broadcast signals (Jan=
=20
2006). The legislation will also direct the Department of Homeland Security=
=20
to study public safety communications in the next year, including: 1) the=20
need for additional spectrum allocation, 2) the ability of public safety=20
entities to utilize wireless
broadband applications, and 3) the communications capabilities of first=20
receivers against proposed increases.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
See also --
Reuters:=20
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DHSJFUEJIGPRM2CRBAE...
Y?type=3DtechnologyNews&storyID=3D6274959

LAWMAKERS SEEK TO HALT DTV TRANSITION PLAN
Democratic Congressmen Frank Pallone of New Jersey and Rick Boucher of=20
Virginia on Friday urged the FCC to give up on a plan to require=20
broadcasters to make the switch to digital-only TV in 2009. Under current=20
law, broadcasters don't have to make the switch until 85% of the homes in=20
their markets are able to receive DTV signals -- something that's not=20
expected to happen for a decade or more. But in a major change that's=20
expected to go to a vote as soon as this fall, FCC Chairman Michael Powell=
=20
is proposing to modify the agency's regulations to count cable's=20
subscribers toward the penetration cap by 2009, clearing the way for an=20
immediate conversion. In a letter to Chairman Powell, the Members of=20
Congress allege that the FCC's plan runs afoul of the wishes of Congress:=20
"Indeed, abandoning Congress's 85% standard without simultaneously=20
developing a comprehensive policy to address the estimated 70 million=20
analog legacy sets would be illegal as a matter of law and reckless as a=20
matter of public policy. Accordingly, we implore you to postpone this vote=
=20
until further congressional hearings and discussions with your agency can=20
be held."
[SOURCE: TVWeek, AUTHOR: Doug Halonen]
http://www.tvweek.com/news.cms?newsId=3D6325
See also:
http://www.broadcastingcable.com/article/CA454235?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

COMCAST'S DTV TRIPLE PLAY
In a letter sent to the FCC last week, cable giant Comcast said=20
negotiations with digital TV stations broadcasting high-definition (HD)=20
pictures/sound could result in the following: carriage of the HD signal;=20
analog carriage of the HD signal (because nearly two-thirds of Comcast=20
subscribers are still analog-only); and simulcast carriage of the HD signal=
=20
in =93compressed digital=94 format to accommodate subscribers without HD=
boxes.=20
Comcast said it would have to set aside 6 Megahertz for the analog feed,=20
between 2 and 4 MHz for the HD feed, and 0.6 MHz for each compressed=20
digital version =97 a 10-1 digital-to-analog ratio that suggests that only=
=20
one or two 6 MHz analog channels would be needed in most markets to carry=20
every DTV station in that compressed digital format. By offering this=20
scenario, Comcast=92s point was that during and after the broadcasters=92=20
transition to digital, cable companies would have to set aside substantial=
=20
bandwidth to ensure that its subscribers received broadcast programming in=
=20
a manner compatible with the equipment in their homes. Comcast=92s scenario=
=20
was also intended to demonstrate that a requirement that cable companies=20
carry every programming service that a DTV station can cram into its=20
digital bitstream would place additional burdens on cable=92s channel=
capacity.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA454247?display=3DTop+Stories
(requires subscription)

DIVERSITY

AS MEDIA AUDIENCE FRAGMENTS, TRUST -- NOT OBJECTIVITY -- IS WHAT MATTERS
While it is often couched as a moral issue, the question of journalistic=20
objectivity has an economic basis. To reach a mass audience, a news medium=
=20
has to be trusted by people with many conflicting points of view. Any sign=
=20
of a narrow or special interest could undermine that trust. That's starting=
=20
to change as the mass audience breaks up and its members seek information=20
sources that fit their existing worldviews. As a reader, you can expect a=20
period of confusion while writers and editors try to figure out the new=20
rules. The business of journalism is less about reaching many people with=20
the same message, and more about sending many different messages to smaller=
=20
groups of people. That shift explains Fox News far better than any=20
right-wing leanings its owner might have. Rupert Murdoch makes money by=20
=93narrowcasting=94 to a specialized audience, and to that audience, the=20
reporting really does seem fair and balanced. Today, technology -- driven=20
by computers -- makes specialized production and specialized information=20
possible. As the audience fragments, trust is still important, but it=20
should be based on getting the facts right, not on the pseudo-objectivity=20
that comes from a journalist concealing his or her views.
[SOURCE: USAToday, AUTHOR:Philip Meyer, Knight Chair in Journalism at the=20
University of North Carolina]
http://www.usatoday.com/printedition/news/20040920/opcom20.art.htm

NEWSROOMS HAVEN'T CHANGED MUCH
There are more minorities in newsrooms than there were a year ago, but it's=
=20
not like you'd notice. An annual survey by the Radio-Television News=20
Directors Association and Ball State University shows that, on average, the=
=20
percentage of minority newsroom hires hasn't changed much in a decade. In=20
1994, minorities made up 18.0% of the TV-newsroom workforce; this year,=20
they are 21.8%. Although the news is welcome, some of the increase may be=20
due to better research methodology. And minority hiring at TV stations=20
isn't growing as fast as the minority population in the US. Possibly,=20
broadcasters' efforts to recruit minority hires may have lessened because=20
the U.S. Court of Appeals kept remanding the FCC's Equal Employment=20
Opportunity rules back to the agency. With or without rules, TV and radio=20
stations employ far more minorities than do newspapers, which have never=20
faced government regulation on hiring. Minorities make up 12.5% of=20
newspaper staffs.
[SOURCE: Broadcasting&Cable, AUTHOR: Paige Albiniak]
http://www.broadcastingcable.com/article/CA454175?display=3DSpecial+Repo...
eferral=3DSUPP
http://www.broadcastingcable.com/article/CA454176?display=3DSpecial+Repo...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

CABLE LAGS IN DIVERSITY: SURVEY
According to the National Association for Multi-Ethnicity in=20
Communications=92s (NAMIC) Multi-Ethnic Employment in the Telecommunications=
=20
Industry report, there=92s been little progress in recent years with regard=
=20
to promoting minorities to the executive ranks in cable companies. NAMIC=20
president Jenny Alonzo says cable has been proactive in attracting=20
minorities, but hasn't adequately helped them move up the corporate ladder.
[SOURCE: Multichannel News, AUTHOR: R. Thomas Umstead]
http://www.multichannel.com/article/CA454252?display=3DTop+Stories
(requires subscription)

QUICKLY

TECH'S FUTURE
Hewlett-Packard has been wrestling with fundamental questions: Does=20
computing technology have a place in villages where electricity is fitful?=
=20
Can it improve people's lives? How can villagers living in poverty pay for=
=20
the latest digital wonders? And HP came up with answers. In place of=20
standard electricity, HP designers created the portable solar charger.=20
Instead of selling gear outright, HP rents the equipment to entrepreneurs.=
=20
During the first 50 years of the info-tech era, about 1 billion people have=
=20
come to use computers, the vast majority of them in North America, Western=
=20
Europe, and Japan. But those markets are maturing. Computer industry sales=
=20
in the U.S. are expected to increase just 6% per year from now to 2008. To=
=20
thrive, the industry must reach out to the next 1 billion customers. And=20
many of those people will come not from the same old places but from=20
far-flung frontiers like Shanghai, Cape Town, and Andhra Pradesh (India).=20
"The robust growth opportunities are clearly shifting to the developing=20
world," says Paul A. Laudicina, managing director at management consultant=
=20
A.T. Kearney.
Lean more about these emerging markets and who's competing there at the URL=
=20
below.
[SOURCE: BusinessWeek, AUTHOR: Steve Hamm]
http://www.businessweek.com/magazine/content/04_39/b3901013.htm
For more see Technology Can Be The Multiplier, an interview with Sarbuland=
=20
Khan, the Executive Coordinator of the United Nations Information &=20
Communications Technologies Task Force.
http://www.businessweek.com/technology/content/sep2004/tc20040917_6825.htm

NEXTEL LAYS OUT OBJECTIONS TO 800 MHz REBANDING PLAN
Nextel filed objections with the FCC last week to the rebanding plan meant=
=20
to clear up interference problems between the carrier and public safety=20
users. A key issue Nextel has been raising is whether the order made 2=20
major financial miscalculations. First, Nextel is arguing, the FCC erred in=
=20
not giving it back $400 million to reimburse the costs of filtering=20
equipment it will need to install to make available to public safety the=20
additional 2 MHz in the 800 MHz band it offered in June, in the closing=20
days of negotiations over the FCC=92s order. Second, Nextel is arguing that=
=20
the Wireless Bureau erred in how it calculated the value of the spectrum it=
=20
will receive at 1.9 GHz as a key part of the plan. In the order, the FCC=20
looked at several possible benchmarks -- and low proposals by Nextel and a=
=20
high proposal by Verizon Wireless -- before concluding that the proper=20
per-MHz POP price is $1.70. That translates to $4.86 billion for 10 MHz=20
nationwide. Based on Nextel=92s proposal, the carrier is now asserting, the=
=20
real price should be $300 million-$700 million less.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)

USERS FIND TOO MANY PHISH IN THE INTERNET SEA
A recent flood of fake Citibank e-mail messages demonstrates the growing=20
arsenal of technical and psychological tricks that online tricksters,=20
called phishers, are using to get people to divulge personal information.=20
Hackers first coined the term phishing in the mid-1990's to refer to the=20
art of stealing America Online accounts. But e-mail messages collected by=20
the Anti-Phishing Working Group, an industry association, show that=20
phishers are now going where the money is. In the group's June report, the=
=20
most recent available, it said it had seen 492 different mass-mailings=20
intended to fool Citibank customers. That compared with 285 aimed at eBay=20
users. The messages, and the fake Web sites they direct recipients to, are=
=20
loaded with tricks that in some cases circumvent the tips once given to=20
consumers about how to avoid online fraud.
[SOURCE: New York Times, AUTHOR: ]
http://www.nytimes.com/2004/09/20/technology/20phish.html
(requires registration)
See Also:
Money Increasingly Is Motive
For Computer-Virus Attacks
http://online.wsj.com/article/0,,SB109563248885821801,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

A PUC CONSUMER CHAMP DRAWS IRE
California Public Utilities Commissioner Carl Wood's term expires at the=20
end of the year and he is running for the top spot of an AFL-CIO regional=20
organizing and coordinating body. He's gained the support of the=20
Communications Workers of America, California's largest telecommunications=
=20
union. But some are uneasy with this support given that Commissioner Wood=20
is proposing a 20% hike in wholesale telephone rates which CWA also=20
supports. Wood was appointed to the PUC six years ago to represent=20
organized labor's concerns. He has supported measures that help utilities=20
pay higher wages. Most of his increase in the SBC rate case, he said, is=20
based on his projections of higher labor costs. AT&T, MCI and a slew of=20
smaller companies and consumer advocates say that a bump in the wholesale=20
rate not only would drive up the cost of phone service but also could cause=
=20
many carriers to exit the business in California, killing competition=20
altogether.
[SOURCE: Los Angeles Times, AUTHOR: James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-wood20sep20,1,1828436...
ry?coll=3Dla-headlines-pe-business
(requires registration)
--------------------------------------------------------------
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 9/17/04

Next week includes the Corporation for Public Broadcasting board meeting
with an opportunity for the public to offer suggestions and comments, a
Future of Media town meeting in Miami and another hearing on problems with
the E-rate. For these and other upcoming media policy events, see
http://www.benton.org/calendar.htm

MEDIA ADVOCACY
MediaChannel.org Pushes Debate Petition
Benton Wants Better Broadcast Info
GLAAD Finds More Gays on Reality TV, Cable Than on Broadcast

MEDIA & POLITICS
FCC Powell: Broadcasters Could Do More On US Election News
Political Ads Lift Some Media Companies, Let Down Others
Small Ads Win Big Uproar In New Political Media Game
Buying Time 2004
Rockefeller, Byrd Rail against Bush's Telecom Policies

DIGITAL DIVIDE
Children, The Digital Divide, and Federal Policy
TOP Funding Update
Barbed Wireless
San Diego, Phoenix and Detroit Lead Broadband Wired Cities,
According to Nielsen//NetRatings

BROADBAND/TELECOM
Word Games at the FCC
FCC's Failures Covered in Mud
FCC Broadband Report Demonstrates that Competition Promotes Deployment
Groups Cite Concern over "Huge Hole" in Review of Cingular-AT&T
Wireless Merger
Phone System's Weak Link

QUICKLY
Reducing the Time Interval for Number Porting Between Wireline and
Wireless Carriers
Spammer 'Bounty Hunters' Will Need Cash, FTC Says
Clear Channel Is Expanding in Spanish Radio
Jim Harper Joins Cato

MEDIA ADVOCACY

MEDIACHANNEL.ORG PUSHES DEBATE PETITION
In 2000, Fox decided not to air the first presidential debate in order to
show the premiere of Dark Angel while NBC allowed local affiliates to air
the baseball playoffs instead. Media For Democracy (MediaChannel.org) has
drafted an online petition to be sent to top executives at ABC, CBS, Fox,
and NBC asking them to commit to "comprehensive coverage" of the
presidential debates. The e-mailed petition comes a week after the group,
joined by the Public Interest, Public Airwaves Coalition [which includes
the Benton Foundation] and others, asked the networks for such a
commitment. This year, they say, "a failure to broadcast the debates in
full would sound the final breach of establishment news media's contract
with Americans." The group wants the networks to roadblock the debates,
meaning all show them live.
There's much more information at:
http://www.ourairwaves.org/press/release.php?ReleaseID=60
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA453827?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

BENTON WANTS BETTER BROADCAST INFO
The Benton Foundation is recommending that individuals and communities
petition the FCC to require broadcast stations to provide more information
in their public files and to make that information more user-friendly and
available online. "Thanks to food labeling requirements, we can track the
nutritional value of the foods we eat and ensure that we can get
nutritional information presented in distinctive, easy-to-read formats
using uniform definitions. In an age in which we spend more time consuming
TV than almost anything else," says the foundation, "shouldn't viewers have
the right to similar information?"
See Benton's new policy brief at:
http://www.benton.org/issues/broadcasters.pdf
http://www.benton.org/issues/broadcasters2.doc
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA453826?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

GLAAD FINDS MORE GAYS ON REALITY TV, CABLE THAN ON BROADCAST
Cable networks and the reality genre are doing great by gays and lesbians,
reports Gay & Lesbian Alliance Against Defamation, but the number of gay
and lesbian characters in scripted programming on broadcast networks is at
it's lowest since GLAAD started tracking in 1996. "When you turn to cable
and reality TV you see us -- our lives, our relationships, our diversity,"
said GLAAD Executive Director Joan Garry. "But when you turn to network
comedies and dramas you're seeing portraits of an America where gay people
and families are nearly invisible. That's not the America we live in."
There's much more information on this at
http://www.glaad.org/media/release_detail.php?id=3719%20&PHPSESSID=88c9f...
[SOURCE: TVWeek, AUTHOR: Christopher Lisotta]
http://www.tvweek.com/news.cms?newsId=6317

MEDIA & POLITICS

FCC POWELL: BROADCASTERS COULD DO MORE ON US ELECTION NEWS
US broadcasters could do more in terms of election coverage as part of
their public interest responsibilities, FCC Chairman Michael Powell said
Wednesday. He's "not threatening regulation," [Heaven forbid! Not in an
election year.] but there's a "public- interest expectation" of political
content that goes along with the benefit broadcasters receive from having
free spectrum. Are broadcasters doing enough? "We believe they could do a
bit more," Chairman Powell said, noting that broadcasters are "potentially
taking a pretty woeful step." However, he did note that around 90% of
Americans have access to a lot of coverage on the political campaign.
[SOURCE: Dow Jones, AUTHOR: Brian Blackstone brian.blackstone( at )dowjones.com ]
http://money.excite.com/jsp/nw/nwdt_rt.jsp?section=news&news_id=dji-0008...

POLITICAL ADS LIFT SOME MEDIA COMPANIES, LET DOWN OTHERS
Elections are expected to add as much as $1.5 billion to U.S. advertising
spending in 2004, but that does not mean an economic win to all media
outlets. The boon has been selective as campaigns pick and choose their
targets. President Bush and Sen. John Kerry both focused television
spending in at least 19 swing states early in the campaign, but that number
has narrowed in recent weeks. Hearst-Argyle Television, Belo and Gannett
have been best placed to benefit from the leadership battle for the White
House and Congress.
[SOURCE: Reuters, AUTHOR: Michele Gershberg]
http://www.reuters.com/newsArticle.jhtml?type=industryNews&storyID=6248074

SMALL ADS WIN BIG UPROAR IN NEW POLITICAL MEDIA GAME
Political-advocacy groups with shallow pockets are discovering what
commercial marketers have known for a long time: you don't need to spend
millions of dollars to reach millions of people. Thanks to the explosion of
cable news shows and their insatiable appetite for hot stories, political
ads that might have received scant attention years ago are mushrooming into
national stories. As a result, the groups are getting the kind of media
exposure most marketers only dream about. And contributions to the groups
have swelled as thousands of supporters got wind of its message.
[SOURCE: Wall Street Journal, AUTHOR:Jeanne Cummings
jeanne.cummings( at )wsj.com and Joe Flint joe.flint( at )wsj.com]
http://online.wsj.com/article/0,,SB109537429966820285,00.html?mod=todays...
(requires subscription)

BUYING TIME 2004
During the 2004 election season the Brennan Center will release weekly,
real-time reports about television advertising in state Supreme court
elections. The reports to be released every Wednesday, from September 15
through November 10, will analyze campaign advertising by candidates,
political parties, and interest groups.
[SOURCE: Brennan Center for Justice]
http://www.brennancenter.org/presscenter/releases_2004/pressrelease_2004...

ROCKEFELLER, BYRD RAIL AGAINST BUSH'S TELECOM POLICIES
Sens. Jay Rockefeller (D-WV) and Robert Byrd (D-WV), both of whom helped
craft the 1996 Telecom Act, this week harshly criticized the Administration
for refusing to defend pro-competition regulations that, had they remained
in place, could have saved jobs at an AT&T service center in Charleston,
WV. The senators' rebuke of the Administration's actions on telecom may be
the opening salvo in what could become a heavy barrage against the
President's position on this and other telecom-related issues.
[SOURCE: TelecomWeb]
http://www.telecomweb.com/news/1095281722.htm

DIGITAL DIVIDE

CHILDREN, THE DIGITAL DIVIDE, AND FEDERAL POLICY
Important disparities in the quality of access to the Internet continue,
even though 96% of 8-18 year-old-students report ever having gone
online. The federal government's most recent large study in 2001 found
half (51.7%) of all children ages 3-17 with family incomes of $75,000 or
more had Internet access at home, while just 15% of those with incomes of
$20,000-$25,000 did. Likewise, new data released by Kaiser indicates that
school-aged children ages 8-18 with less-educated parents or who attend
school in lower-income communities were significantly less likely than
other children to use the Internet in a typical day or to have Internet
access from their homes. Among the key findings identified in Kaiser's new
report include: 1) In 2004, 80% of White children 8 and older have Internet
access at home, compared to 61% of African American children in this age
group. Similarly, 8 in 10 (82%) children whose parents have a college
education have home Net access, compared to 68% of those whose parents have
a high school education or less. 2) Four in 10 (39%) children 6 months to 6
years old from families with incomes of $75,000 a year or more have never
gone online, while 69% of children from families with incomes of less than
$20,000 a year have never gone online. 3) Among children 6 months to 6
years old, only 8% of children from homes with incomes of $75,000 a year or
more did not have a computer at home, compared to 40% of children from
homes with annual incomes between $20-29,000, and more than half (55%) of
those from families with incomes under $20,000 a year.
[SOURCE: Kaiser Family Foundation]
http://www.kff.org/entmedia/entmedia091604pkg.cfm

TOP FUNDING UPDATE
On September 15, 2004, shortly after its summer recess, the Senate
Appropriations Committee approved the fiscal year 2005 Commerce, Justice,
State, the Judiciary (CJS) Appropriations bill. The bill currently includes
continued support for the TOP in fiscal year 2005, at the current 2004
level of $14.8 million. However, on June 23, 2004 the House Appropriations
Committee voted to eliminate TOP as requested by the Bush Administration.
The Senate Appropriations committee language states, "[f]or the last 2
fiscal years, the Administration has slated the Technology Opportunities
Program [TOP] for elimination. The reason for the elimination, according to
the Department, is that the program has fulfilled its mission. However,
there are great numbers of Americans that could benefit from the TOP
program. The Committee therefore recommends continued funding for this
program." This language represents a more vigorous level of support for TOP
than in years past, and a better level of understanding around the impact
of TOP's investments in underserved communities.
Since this past spring, CTCNet has been hard at work educating each member
of the full Senate Appropriations committee around the value and importance
of TOP, as well as the federal CTC program under the U.S. Department of
Education, and the Neighborhood Networks initiative under the U.S.
Department of Housing and Urban Development. A copy of CTCNet's July 16,
2004 letter to the committee is available online at the URL below.
[SOURCE: CTCNet]
http://www.ctcnet.org/policy/ctc-top-nn_ctcnet-704.PDF

BARBED WIRELESS
[Commentary] WiMAX won't be free for the same reason cell phone service
isn't free. The high-powered, long-range WiMAX signal is reserved for big
wireless carriers like Nextel, Sprint, and BellSouth that have bought
exclusive FCC licenses. These mega-corporations paid hundreds of millions
of dollars for the rights to certain radio frequencies. They'll be looking
to make that money back and then some. Although philanthropists and others
may wish to offer free versions of WiMAX, their capabilities using
unlicensed spectrum will not be very good. The truth is that there will
soon be two options for wireless -- spotty coverage that's free or a strong
signal that could cost as much as your cell phone plan. You can argue that
the future of wireless is as much an ideological battle as a technological
one. But if corporations have better technology, any debate over whether
wireless should be a private profit center or a public resource will be
moot. But to serve large areas well, corporations will probably need to set
up local routers. That is, to stash low-powered WiMAX or Wi-Fi repeaters in
buildings and parks. Local governments, Boutin concludes, should focus
attention on wresting deals from the big telecom companies that allow local
volunteers to bring WiMAX to underserved areas.
[SOURCE: Slate.com, AUTHOR: Paul Boutin]
http://slate.msn.com/id/2106657/

SAN DIEGO, PHOENIX AND DETROIT LEAD BROADBAND WIRED CITIES, ACCORDING TO
NIELSEN//NETRATINGS
In August Nielsen//NetRatings found that 51% of the American online
population, or 64.1 million Web users, connect to the Internet via
broadband as compared to 60.6 million accessing the Internet through
narrowband. Tracking 35 local markets in the US, Nielsen//NetRatings found
that the cities of San Diego, Phoenix, Detroit, New York and Sacramento
represented the top five wired local markets connected via broadband access
with penetration rates of 65% or higher. In comparison, Milwaukee, Salt
Lake City, Pittsburgh, Charlotte and
Columbus ranked as the local markets the least connected via broadband
with penetration rates under 40%.
[SOURCE: PRNewsWire]
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/0...

BROADBAND/TELECOM

WORD GAMES AT THE FCC
[Commentary] Is high-speed Internet "broadband" service, delivered via
cable, an information service (like CNN) or a telecommunications service
(like Verizon)? Or is it a combination of the two? And why does it matter?
FCC Chairman Michael Powell and the other majority commissioners apparently
believe that by relieving cable broadband service providers from the
burdens faced by telecommunications providers, they will be inspired to
make broadband telecommunications more available at lower costs to the
consumer. This is a laudable goal, but there is little evidence, historical
or empirical, to support this belief, particularly where cable is
concerned. Historically, cable deregulation has only brought us higher
cable prices, with prices rising far above the rate of inflation. If the
Supreme Court steps in to decide the information vs. telecommunications
service debate, it should be alert to the broader implications: If all
Internet service is classified as an information service, Universal Service
funds that support access for schools, libraries, health care centers, poor
people and rural areas will dry up. Such a result will not help us achieve
the goal Congress set out in the 1996 Telecommunications Act of timely and
reasonable access to advanced telecommunications services for all Americans.
[SOURCE: Center for American Progress, AUTHOR: Mark Lloyd]
http://www.americanprogress.org/site/pp.asp?c=biJRJ8OVF&b=187130

FCC'S FAILURES COVERED IN MUD
[Commentary] Venditto is none too happy with the FCC's recent report on
broadband deployment in the US. In a pattern of decision-making that
deserves to be covered like the scandal it is, he writes, the FCC continues
to put the interests of lobbyists over consumers in setting regulations for
the nation's voice and data networks. FCC regulations are blocking
competition at the place where it's needed most: Local ISPs wanting to
offer DSL are at the mercy of the local phone companies who set
anti-competitive rates and delay access simply to eliminate small
competitors. The monopoly power that was supposed to have broken by both
federal court orders and federal law is still in force. It's far from a
free market. More troubling is that even in markets where broadband is
available, different anti-competitive forces loom. Many consumers receive
broadband from the local cable company. And though rates are reasonable in
this early adoption period, if history is any guide, we can expect the
cable companies to jack them up, just as they have done with cable
television. Without the competitive alternative of DSL, the United States
could end up losing momentum before it comes close to "universal adoption."
The FCC will change its policy only when consumers and voters recognize how
they're being shortchanged. No elected official would be able to defend the
current FCC direction if they were ever forced to answer for their policies.
[SOURCE: Internetnews.com, AUTHOR: Gus Venditto]
http://www.internetnews.com/commentary/article.php/3406731

FCC BROADBAND REPORT DEMONSTRATES THAT COMPETITION PROMOTES DEPLOYMENT
The FCC's recent Report to Congress shows that nationwide broadband
deployment has tripled since the FCC's last report in 2001. Jason Oxman,
General Counsel for the Association for Local Telecommunications Services
(ALTS) responded with the following:
"The FCC's latest broadband report shows that broadband deployment tripled
to more than 20 million lines in December 2003, fueled by competitive
deployment of
broadband services. In October 2003, two months before data collection in
this report ended, the FCC abruptly reversed the pro-competitive unbundling
policies that led to this explosion in broadband deployment over the last
two years. Thus, the data released today cover a period of time during
which the FCC mandated ubiquitous loop unbundling and line sharing, and
does not measure the devastating consequences of its reversal of those
policies. It is ironic that the FCC now touts the positive results of the
policies it chose to eliminate, given that ALTS member companies are the
reason that broadband deployment has exploded in the last several years.
This nation continues to lag in broadband deployment behind countries like
Japan, which have consistently maintained strong loop and line sharing
unbundling policies that promote deployment. Now that the Bell companies
are recapturing their monopolies, the next FCC report will almost certainly
reflect the deleterious results for this nation of the FCC's decision to
limit competition in the broadband marketplace."
[SOURCE: Association for Local Telecommunications Services]
http://206.161.82.210/altsbiz/webmodules/articles/ispviewer.asp?a=1194&z=41

GROUPS CITE CONCERN OVER "HUGE HOLE" IN REVIEW OF CINGULAR-AT&T WIRELESS MERGER
The Consumer Federation of America and Consumers Union sent letters to the
FCC and Attorneys General in 10 states raising concerns about the proposed
merger of Cingular and AT&T Wireless. The groups have noticed that FCC
Chairman Michael Powell has cited competition from wireless as the main
source of consumer protection as wireline competition recedes, but the
Chief of the FCC's Wireless Bureau has said he does not know how relevant
it is. If these products are the good substitutes for local phone
connectivity that the Chairman's statement implies, the consumer groups
believe that a close look at local market data indicates that there are
many local markets in the Bell South and SBC service areas where this
merger would be unthinkable. In these markets, the merger represents a
union between the No. 1 and
No. 2 firms in a market that is already highly concentrated. In the
consumer groups' review of the top 50 markets, they find 32 that are in the
Bell South and SBC service territories. Although market shares may change
slightly over time, the groups find that in 18 of these the merger
represents a dramatic increase in concentration. The letter concludes:
"Approval of a merger between the number one and number two firms in a
market would be highly unusual, if not unprecedented. Approval of such a
merger where the resulting wireless carrier will be larger than all but one
of its remaining competitors combined, and will have the many advantages of
affiliation with the dominant incumbent wireline carrier seems unthinkable."
[SOURCE: Consumers Union]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001377.html...

PHONE SYSTEM'S WEAK LINK
Because of fiber optics and other new technologies BellSouth has added to
upgrade its networks over the past decade, the systems are, ironically,
more vulnerable to disasters. The key problem: Many phone networks that
used to rely on their own electricity now depend partly on commercial
power. That means that when the utility company's power lines go down, the
phones may go down, too.
[SOURCE: Wall Street Journal, AUTHOR: Peter Grant peter.grant( at )wsj.com]
http://online.wsj.com/article/0,,SB109537424767920279,00.html?mod=todays...
(requires subscription)

QUICKLY

REDUCING TIME INTERVAL FOR NUMBER PORTING BETWEEN WIRELINE AND WIRELESS
CARRIERS
The FCC released the Notice of Proposed Rulemaking for this proceeding
adopted Sept 9.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-217A1.doc

SPAMMER 'BOUNTY HUNTERS' WILL NEED CASH, FTC SAYS
The U.S. government should be prepared to spend freely if it decides to
encourage "bounty hunters" to track down e-mail spammers, the Federal Trade
Commission announced on Thursday. Rewards of up to $250,000 will be needed
to encourage people to turn over friends or associates who send out
millions of deceptive e-mail pitches in violation of the law. And that cash
will have to come out of the federal budget, rather than settlements
collected from spammers. While millions of Internet users may be annoyed by
spam, only a handful of insiders are likely to have enough information to
form the basis of a case.
[SOURCE: Reuters, AUTHOR: Andy Sullivan]
http://www.reuters.com/newsArticle.jhtml?type=internetNews&storyID=6259142
Also see --
WP: http://www.washingtonpost.com/wp-dyn/articles/A27220-2004Sep16.html
In a related story, see:
AOL Won't Use Microsoft Anti-Spam Standard
[SOURCE: Reuters, AUTHOR: Andy Sullivan]
http://www.reuters.com/newsArticle.jhtml;jsessionid=YRIVFP5BAZOXACRBAEKS...

CLEAR CHANNEL IS EXPANDING IN SPANISH RADIO
Clear Channel, which owns some 1,200 radio stations in the US, will convert
25 of them over the next 18 months into Spanish language formats. The
company wants a larger share of the advertising dollars aimed at Hispanic
listeners. While the company is expected to face stiff competition,
particularly in cities with established Spanish-language stations like New
York, Los Angeles and Chicago, it may be able to draw on its influence with
English-language advertisers to attract more marketing dollars.
[SOURCE: New York Times, AUTHOR: Jeff Leeds]
http://www.nytimes.com/2004/09/17/business/media/17radio.html
(requires registration)
See also
LATimes:
http://www.latimes.com/business/printedition/la-fi-clear17sep17,1,479941...

JIM HARPER JOINS CATO
Jim Harper as its new director of information policy studies at the Cato
Institute. Harper is the editor of the Web-based privacy policy think tank
Privacilla.org, and a former counsel to committees in both the U.S. House
and Senate. Harper will continue his research and writing on privacy and
promote free-market perspectives on similar information policy issues, such
as cyber-security, online consumer protection, commercial communications,
and credit reporting, as well as intellectual property, Internet
governance, new technologies, and many others. He will work closely with
Adam Thierer, Cato's director of telecommunications studies.
http://www.telecomweb.com/news/1095281452.htm
--------------------------------------------------------------
Have a great weekend. We'll see you Monday.
--------------------------------------------------------------
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.
--------------------------------------------------------------