January 2005

Benton's Communications-related Headlines for 1/31/05

New children's television rules go into effect tomorrow and there will be a=
=20
discussion about universal service on the Hill this week. For these and=20
other upcoming media policy events, see http://www.benton.org/calendar.htm

OWNERSHIP
Media Group Asks Supreme Court to Hear Ownership Case
FCC Dems Fear 'Stealth Airwaves Grab'
SBC, AT&T Boards Are Set To Vote on Merger Deal
Lee Enterprises to Buy Pulitzer Inc.
Groups Led by KKR, Comcast to Compete In Adelphia Bidding
Challenge to Laws That Shrink the Public Domain

CONTENT
Bush to Parents: 'Turn Off Indecency'
Pundit Payola: Williams, Gallagher Were Wrong, But What's Right?
Law Cautions Against Outside PR Spending -- Sort Of
Children's TV Fears a Funding Flap after =91Buster'
U.S. Students say Press Freedoms go Too Far

POLICYMAKERS/LOBBYING
Congress Proposes Tax on all Net, Data Connections
After Powell
Don't Be Fooled Again
Draft Cable Rate Rule Sent to 8th Floor
NCTA, Cities: Can You Hear Us Now?
B=92casters Ready to Storm the Hill
Will Franks Head NAB?
NCTA Taps McSlarrow

QUICKLY -- Why punish the technology?; Teens not as Web-savvy as Parents

OWNERSHIP

MEDIA GROUP ASKS SUPREME COURT TO HEAR OWNERSHIP CASE
The Tribune Company, Fox, NBC Universal and Viacom are asking the U.S.=20
Supreme Court to overturn the US Appeals Court Philadelphia's ruling that=20
blocks media companies from buying more local TV stations and newspapers.=20
The action comes after the US Solicitor General and the FCC decided not to=
=20
ask the High Court to overturn. The media groups argued that the appeals=20
court conclusion that spectrum scarcity justifies rational-basis review of=
=20
broadcast ownership restrictions directly conflicts with two decades of=20
decisions by the U.S. Appeals Court Washington, DC. They argue, =93This case=
=20
falls within each of the three circumstances that this court has already=20
indicated would separately justify reconsideration of the spectrum scarcity=
=20
rationale=94: 1) the FCC acknowledges that the prior cross-ownership rule=
and=20
local ownership restrictions perpetuated by the appeal court=92s decision=20
inhibits rather than increases diversity of viewpoints; 2) the FCC=92s order=
=20
confirms that broadcast channels are no longer uniquely important sources=20
of information; and 3) actions of Congress and the FCC =93signal=94 that=20
industry conditions have changed sufficiently to justify
reconsideration of whether broadcast speech deserves lesser First Amendment=
=20
protection. The broadcasters also questioned whether speech restrictions=20
can apply to newspaper owners that are limited in controlling broadcast=20
stations. =93Other courts of appeals have determined that ownership=20
regulations directed to particular industries and affecting speech require=
=20
heightened scrutiny,=94 the group said.
The Institute for Public Representation (IPR) at the Georgetown University=
=20
Law Center said if the Supreme Court overturns the appeals court decision=20
and adopts a more restrictive standard, the interpretation of the=20
Communications Act regulating telecom would be jeopardized. In an ex parte=
=20
filing at the FCC, IPR said the Supreme
Court taking on the FCC=92s case would put many =93important issues at risk=
=94=20
such as regulation of DTV, indecency and children=92s programming. That=92s=
one=20
reason the FCC decided not to appeal, an industry source said. It=92s not=20
known when the Supreme Court will decide whether to hear the media groups=92=
=20
case.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)
Also in --
WSJ:=20
http://online.wsj.com/article/0,,SB110712975573340603,00.html?mod=3Dtoda...
s_page_one

FCC DEMS FEAR 'STEALTH AIRWAVES GRAB'
FCC Commissioners Jonathan Adelstein and Michael Copps hailed the decision=
=20
by the Solicitor General=92s office not to appeal the court-ordered rewrite=
=20
of deregulatory FCC ownership rules, but warned against an industry=20
flanking maneuver. "I think there are companies out there who want to game=
=20
the process by having the Commission write quick rules,=94 Copps said. =93On=
e=20
by one and under the radar scope, and accomplish piecemeal what they=20
couldn't get whole. The American people are not served by a stealth=20
airwaves grab.=94
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA500095?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

SBC, AT&T BOARDS ARE SET TO VOTE ON MERGER DEAL
On Sunday afternoon, the Wall Street Journal reported that the rumor was=20
becoming a reality: SBC had agreed in principle to purchase AT&T for=20
roughly $16 billion in shares and cash. The move still has to be approved=20
by the boards of directors from both companies and votes were scheduled=20
Sunday. In addition to board approval, the move will be subject to=20
regulatory approval. The deal, if completed, would mark the creation of the=
=20
largest U.S. telecom carrier with a leading presence in wireless as well as=
=20
corporate telecom services.
[SOURCE: Wall Street Journal, AUTHOR: Almar Latour almar.latour( at )wsj.com and=
=20
Shawn Young shawn.young( at )wsj.com ]
http://online.wsj.com/article/0,,SB110711095360640355,00.html
On Monday morning, WSJ reports deal is approved by boards.
http://online.wsj.com/article/0,,SB110711095360640355,00.html?mod=3Dtoda...
s_page_one
(requires subscription)
A big deal facing tough regulatory scrutiny -- is it worth it? Business=20
Week finds a number of analysts that say "No."
[SOURCE: BusinessWeek, AUTHOR: Steve Rosenbush; Catherine Yang]
http://www.businessweek.com/technology/content/jan2005/tc20050127_6124_t...
.htm
http://www.businessweek.com/technology/content/jan2005/tc20050128_2548_t...
.htm
WashPost:=
http://www.washingtonpost.com/wp-dyn/articles/A50006-2005Jan30.html
=
http://www.washingtonpost.com/wp-srv/business/daily/graphics/att_013105....
l
(AT&T timeline)
NYTimes: http://www.nytimes.com/2005/01/31/business/31phone.html
USAToday:=
http://www.usatoday.com/printedition/money/20050131/1b_sbc31.art.htm
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-sbc31jan31,1,1235106....
y?coll=3Dla-headlines-pe-business

LEE ENTERPRISES TO BUY PULITZER INC
Midwest newspaper publisher Lee Enterprises Inc. is buying Pulitzer for=20
about $1.4 billion in cash, in a deal that would make it the country's=20
fourth-largest owner of daily newspapers. The purchase would increase Lee's=
=20
holdings to 58 daily papers in 23 states and raise its total daily=20
circulation to 1.7 million.
[SOURCE: Los Angeles Times, AUTHOR: Reuters]
http://www.latimes.com/business/printedition/la-fi-pulitzer31jan31,1,659...
.story?coll=3Dla-headlines-pe-business
(requires registration)

GROUPS LED BY KKR, COMCAST TO COMPETE IN ADELPHIA BIDDING
More than 10 bids are expected today in the sale of Adelphia=20
Communications, the nation's fifth-largest cable operator. Industry leaders=
=20
Comcast and Time Warner are combining for a bid for the entire company=20
while groups of small cable companies, teamed with private-equity firms,=20
are expected to bid on one or more of the seven clusters of cable systems=20
that Adelphia has created to encourage more active bidding. Adelphia is=20
estimated to be worth $15-19 billion and is not likely to accept a sale=20
unless bids reach at least $17.5 billion. The company is currently=20
operating under Chapter 11 bankruptcy-court protection.
[SOURCE: Wall Street Journal, AUTHOR: Peter Grant peter.grant( at )wsj.com &=20
Dennis K. Berman dennis.berman( at )wsj.com ]
http://online.wsj.com/article/0,,SB110713079317040628,00.html?mod=3Dtoda...
s_money_and_investing
(requires subscription)

CHALLENGES TO LAWS THAT SHRINK THE PUBLIC DOMAIN
The Brennan Center for Justice, the American Civil Liberties Union of=20
Northern California, and the nonprofit advocacy groups Public Knowledge,=20
the Center for the Public Domain, and the First Amendment Project filed an=
=20
amicus brief today in Kahle v. Ashcroft, arguing that Congress=92s=20
elimination of copyright renewal requirements in 1992 created serious First=
=20
Amendment problems by radically shrinking the public=92s access to works=
that=20
belong in the public domain.
[SOURCE: Brennan Center for Justice Press Release]
http://www.brennancenter.org/presscenter/releases_2005/pressrelease_2005...
8.html
See the full brief:
http://www.fepproject.org/courtbriefs/kahle.pdf

CONTENT

BUSH TO PARENTS: 'TURN OFF INDECENCY'
Free speech advocate President George Bush said that parents, not=20
government, are the "first line of responsibility when it comes to=20
protecting children from indecent TV programming. Parents should turn off=20
the TV, he said, when they see content that is not appropriate for their=20
kids. The government, can, he said, "at times, not censor, but call to=20
account programming that gets over the line." The President said that when=
=20
he interviews a new FCC Chairman, he will ask where he thinks that line is,=
=20
but later clarified that that was not a litmus test.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell & John Eggerton]
http://www.broadcastingcable.com/article/CA499783?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
See also --
Multichannel News:=20
http://www.multichannel.com/article/CA499977.html?display=3DBreaking+New...
ferral=3DSUPP
More on indecency legislation from LATimes:
http://www.latimes.com/business/printedition/la-fi-fcc31jan31,1,1305231....
y?coll=3Dla-headlines-pe-business

PUNDIT PAYOLA: WILLIAMS, GALLAGHER WERE WRONG, BUT WHAT'S RIGHT?
Most columnists agree that receiving money for supporting an Administration=
=20
point of view is wrong, but they seem fine with accepting fees to talk to=20
trade groups, issue-oriented organizations, and at universities -- and they=
=20
defended that practice. The amounts of money paid for these speeches can be=
=20
staggering and should spark questions of how influential outside fees can=20
be on columnists who can make up to $800,000/yr in "extra" income for these=
=20
speeches.
[SOURCE: Editor & Publisher, AUTHOR: Joe Strupp=
jstrupp( at )editorandpublisher.com]
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...
_id=3D1000779048

LAW CAUTIONS AGAINST OUTSIDE PR SPENDING -- SORT OF
"Appropriated funds may not be used to pay a publicity expert unless=20
specifically appropriated for that purpose," states a provision in the U.S.=
=20
Code. Well, there you have it, right? According to this 1913 law, you can't=
=20
hire PR firms to promote proposed laws. Perhaps, but the General=20
Accountability Office, which publishes a four-volume guide to=20
appropriations laws like this, has no enforcement power. Congress or the=20
administration imposes sanctions. The intent of that provision, according=20
to the GAO manual, is to prevent the use of publicity experts to bring=20
acclaim to an agency activity or to officials, rather than to advance the=20
real work of the agency. The law acknowledges, however, that "the effective=
=20
implementation of the duties of some agencies requires the acquisition and=
=20
dissemination of information." Indeed, over the past four years, agencies=20
have spent at least $254 million on 286 contracts with major PR agencies,=20
according to a recent analysis of federal contracting data by the=20
Democratic staff of the House Committee on Government Reform. Agencies=20
spent $88 million on such contracts in 2004, up from $39 million in 2000,=20
the last year of the Clinton administration.
[SOURCE: Washington Post, AUTHOR: Christopher Lee]
http://www.washingtonpost.com/wp-dyn/articles/A49757-2005Jan30.html
(requires registration)
More on paying for pundits --
USAToday:=
http://www.usatoday.com/printedition/news/20050131/a_capcol31.art.htm

CHILDREN'S TV FEARS A FUNDING FLAP AFTER 'BUSTER'
Education Secretary Margaret Spellings is sworn in today in Washington, but=
=20
she's already delivered a chilling message to the makers of children's TV.=
=20
In a letter to PBS last week, Spellings told PBS she had =93very serious=20
concerns=94 about an episode in which a little girl in Vermont introduces=20
cartoon bunny Buster Baxter to her mother and her mother's lesbian partner.=
=20
Spellings suggested that funding for future programming could be in=20
jeopardy. The episode was pulled, PBS says, before the letter was received.=
=20
But WGBH's vice president for children's programming, Brigid Sullivan,=20
believes the episode complies with the program's mission. The series, she=20
says, is a =93direct response to a request=94 from the Ready to Learn=
program,=20
which is administered by PBS on behalf of the Department of Education, for=
=20
a show about =93diversity and tolerance in modern America for school-age=20
children.=94 In the 40 Buster episodes that were made, families have=
included=20
Muslims, Orthodox Jews, Mormons and evangelical Christians. =93The show is=
=20
about children,=94 Sullivan says. =93It's not about their parents. It's=
about=20
letting children validate children as children, regardless of the family=20
they live in.=94
[SOURCE: USAToday, AUTHOR: Ann Oldenburg]
http://www.usatoday.com/printedition/life/20050131/d_bottomstrip31.art.htm
http://www.usatoday.com/printedition/life/20050131/d_pbsinside31.art.htm=20
(more on homosexuality and kids TV)

US STUDENTS SAY PRESS FREEDOMS GO TOO FAR
One in three U.S. high school students say the press ought to be more=20
restricted, and even more say the government should approve newspaper=20
stories before readers see them, according to a survey to be released today=
=20
by the John S. and James L. Knight Foundation. The survey =93confirms what a=
=20
lot of people who are interested in this area have known for a long time,=94=
=20
he says: Kids aren't learning enough about the First Amendment in history,=
=20
civics or English classes. It also tracks closely with recent findings of=20
adults' attitudes.
[SOURCE: USAToday, AUTHOR: Greg Toppo]
http://www.usatoday.com/printedition/life/20050131/bl_bottomstrip31.art0...

POLICYMAKERS/LOBBYING

CONGRESS PROPOSES TAX ON ALL NET, DATA CONNECTIONS
The Joint Committee on Taxation released a report last week that included a=
=20
suggestion to modify the an existing 3% telecommunications tax to cover=20
"all data communications services to end users," including broadband;=20
dial-up; fiber; cable modems; cellular; and DSL, or digital subscriber=20
line, links. Currently, the excise tax applies only to traditional=20
telephone service. But because of technological convergence and the=20
dropping popularity of landlines, the Congressional committee concluded in=
=20
its review of tax law reforms that it might make sense to extend the=20
100-year old levy to new technologies. The committee did not take a=20
position on whether Congress should approve such an extension and simply=20
listed it as an "option." It lists three different telecommunications tax=20
options, one of which would cover all data communications. A second choice=
=20
would extend the excise tax to cell phones and perhaps VoIP. The third=20
would clearly levy the charge on VoIP, including Internet-only phone calls=
=20
using services that do not touch the public telephone network. James Maule,=
=20
who teaches tax law at Villanova University, said the more extreme taxation=
=20
option may be a way for committee members to make the others "look a bit=20
more palatable. There's some psychology going on." "The odds of something=20
happening in 2005 that amends the tax law is extremely high," Maule said,=20
referring to President Bush's promise to revise the tax code. "I suspect=20
that (one of these options) is going to be tacked on."
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/Congress+proposes+tax+on+all+Net%2C+data+connections...
0-1028_3-5555385.html?tag=3Dnefd.top
See the committee report at http://www.house.gov/jct/s-2-05.pdf

AFTER POWELL
Although he generally sides with broadcasters on decisions that affect=20
their business, FCC Commissioner Kevin Martin, the agreed-upon front-runner=
=20
to succeed current Chairman Michael Powell, may prove to be even tougher on=
=20
tougher on prime time TV sex and violence. If anything, Commissioner Martin=
=20
has expressed that the FCC did not go far enough in the last year to=20
discourage stations from airing shows inappropriate for kids. He would use=
=20
the agency=92s pulpit to persuade broadcasters to voluntarily dedicate an=20
hour of prime time each night to family-friendly programming. Martin also=20
wants the FCC to give TV affiliates the right to reject any network shows=20
they deem inappropriate for their viewers.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA499967.html?display=3DNews&re...
al=3DSUPP
(free access for Benton's Headlines subscribers)
See also --
BusinessWeek:=20
http://www.businessweek.com/magazine/content/05_06/b3919055_mz011.htm

DON'T BE FOOLED AGAIN
[Commenary] In an age when our economy, our schools and our health care=20
system =AD indeed our national security =AD have become so dependent upon=
our=20
national communications infrastructure and the rules that guide its=20
operation, few new federal appointments will be as important as the Federal=
=20
Communications Commission Chairman. Lloyd suggests that the American public=
=20
deserves better than departing Chairman Michael Powell. The Senate must=20
take seriously its responsibility to review and consider the next=20
appointment, and make certain that the public interest it is not ignored=20
again. We need a true public servant at the FCC, someone with heart and=20
head enough to provide all Americans with an information infrastructure=20
that serves them as citizens and as consumers.
[SOURCE: Center for American Progress, AUTHOR: Mark Lloyd]
http://www.americanprogress.org/site/pp.asp?c=3DbiJRJ8OVF&b=3D307119

DRAFT CABLE RATE RULE SENT TO 8TH FLOOR
Cable operators would like the FCC to make a determination that when direct=
=20
broadcast satellite (DBS) penetration exceeds the 15% threshold, =93effectiv=
e=20
competition=94 exists and cable operators should qualify for exemptions from=
=20
local rate regulation. Local governments vigorously oppose such a move,=20
contending that freeing cable operators from rate regulation would harm=20
consumers. Local municipalities still regulate rates for basic (not=20
expanded basic) cable services. Apparently a draft order on the issue is=20
circulating among the five FCC commissioners and a decision could come=20
before Chairman Powell's departure (at least, that's what the cable=20
industry is hoping). There are a number of states in which the 15%=20
threshold has already been reached. However, a new FCC study raises=20
questions about DBS as an effective competitive factor for cable because of=
=20
the =93substantial switching costs to move from cable to DBS services.=94=
The=20
study, which comes on the heels of the anticipated
release of the FCC=92s competition in video report, says consumers view DBS=
=20
as a substitute for cable for higher-quality premium services and when=20
facing large increases for basic services. But when prices are lowered,=20
consumers don't opt for satellite because of the long-term contracts for=20
DBS service that increase the cost of
switching service.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)

NCTA, CITIES: CAN YOU HEAR US NOW?
The cable industry is reaching out to local governments to test whether=20
they can forge an alliance to block Verizon Communications from entering=20
the cable business under liberalized state laws designed to accommodate the=
=20
phone giant=92s broadband-deployment plans. Cable=92s relationship with=
cities=20
and towns has never been easy, and it probably reached its nadir three=20
years ago, when cable backed the Federal Communications Commission=92s=20
decision to deny local governments about $500 million in annual cable-modem=
=20
fees. But in the policy world, no one is your friend or enemy forever. So=20
discussions began a few weeks ago at National Cable & Telecommunications=20
Association headquarters in Washington (DC) and included representatives=20
from the National League of Cities, the National Association of Counties=20
and the U.S. Conference of Mayors.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA499936.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

B'CASTERS READY TO STORM THE HILL
Capitol Broadcasting Company in Raleigh (NC) plans to take the fight for=20
"multicast must-carry" to Capitol Hill. On Feb. 10, the FCC is planning to=
=20
vote on a proposal that would ban TV stations from demanding cable carriage=
=20
of more than one digital-TV programming service. Insiders say Chairman=20
Powell has the three votes needed to pass the ban. Broadcasters argued that=
=20
multicasting is an ideal way for local TV stations to expand=20
local-programming options. But those new services are not viable=20
financially unless cable operators are forced to carry them. Capitol=92s=20
Raleigh CBS affiliate, WRAL, provides HDTV programming and a separate=20
digital news channel. Time Warner Cable carries both services in the=20
market. =93The question is: In a world where 85% of our viewers are=20
multichannel subscribers, could we afford to program the WRAL NewsChannel=20
without cable carriage? The answer is no,=94 Smith told the FCC. Smith said=
=20
that without multicast must-carry, small, independent TV stations could not=
=20
negotiate cable carriage of multiple services, but stations owned by ABC,=20
NBC, CBS and Fox have the market clout to do so. Whether the independently=
=20
owned affiliates of the =93Big Four=94 could bargain for multiple carriage=
=93is=20
a toss-up,=94 Smith said. She argued that the independent affiliates would=
=20
likely have to partner with the Big Four networks to force carriage=20
concessions from cable, but such a result was undesirable =93because one=20
thing all affiliates fear is ceding more power to the networks to control=20
our programming.=94
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA499960.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

WILL FRANKS HEAD NAB?
Insiders expect National Association of Broadcasters President Eddie Fritts=
=20
to announce that he plans to resign during the organization's annual=20
convention this April in Las Vegas. Fritts, 63, has told confidants he no=20
longer wants to contend with divisions between the group's TV and radio=20
membership. Lobbyists for several TV-station groups say the leading=20
candidate to succeed him is CBS Executive Vice President Martin Franks, a=20
Washington veteran who currently heads the network's digital-TV operations,=
=20
programming standards and practices, and other special projects for parent=
=20
company Viacom. Franks' current duties keep him on top of the most critical=
=20
and politically controversial issues that broadcasters grapple with,=20
including the switch to digital TV and the FCC's indecency crackdown.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA499965.html?display=3DNews&re...
al=3DSUPP
(free access for Benton's Headlines subscribers)

NCTA TAPS MCSLARROW
On March 1, senior Energy Department official Kyle McSlarrow will become=20
president of the National Cable & Telecommunications Association (NCTA).=20
McSlarrow, who resigned from his former post two weeks ago, served as chief=
=20
of staff to the late Sen. Paul Coverdell and as deputy chief of staff and=20
chief counsel to former Senate Majority Leaders Bob Dole and Trent Lott. He=
=20
was mainly picked for his Republican ties to Congress and the White House;=
=20
he has no experience in cable issues.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA499968?display=3DNews&referra...
SUPP
(free access for Benton's Headlines subscribers)
See NCTA Press Release:=20
http://www.ncta.com/press/press.cfm?PRid=3D571&showArticles=3Dok

QUICKLY

WHY PUNISH TECHNOLOGY?
[Commentary] Ever since Napster got closed down, the content industry's=20
strategy for dealing with the peer-to-peer challenge can be summed up in=20
three words: Sue the bastards. Everyone of sane mind can agree there's a=20
need to address digital piracy. But how about trying something more nuanced=
=20
than a sledgehammer approach?
[SOURCE: C-Net|News.com, AUTHOR: Charles Cooper]
http://news.com.com/Why+punish+the+technology/2010-1071_3-5553805.html?tag=
=3Dnefd.ac

STUDY SHOWS SOME TEENS NOT AS WEB-SAVVY AS PARENTS
A study by the Nielsen Norman Group found that, contrary to stereotype,=20
teens as a group are not as adept as adults in navigating the Web.=20
Additional findings in the study: 1) Some Web site features tend to turn=20
off teens: complex or incomplete content, long downloading times and=20
confusing navigation. 2) Teens tolerate ads more than adults, though=20
overkill is a risk. 3) Teens tend to be apprehensive about downloading=20
plug-ins and clicking on unknown links. The main reason: They fear viruses.=
=20
4) The word =93kid=94 is a teen-repellent.
[SOURCE: USAToday, AUTHOR: Edward C. Baig]
http://www.usatoday.com/printedition/money/20050131/1b_teens31.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 1/28/04

The Good News, the Bad News, the Ridiculous News in Communications Policy

OWNERSHIP
Government Passes on Ownership Review
Copps on Media Ownership
SBC-AT&T Merger Would Get Approved But Take Time, Divestitures
XM, Sirius In Preliminary Merger Talks

MEDIA POLICY
Lawmakers Try Again to Boost Indecency Fines
The FCC Needs a Conciliator
Belo Lobbies to Delay DTV Decision

CONSUMER PROTECTIONS
California PUC Suspends Telecom Consumer Bill of Rights Until December
Federal Contracts With Columnists Prompt Change in Policy
PBS Stations May Run Controversial Show
Trouble Bubbling Up? Nautical Nonsense!
File-sharing Battles Leave Us Out

INTERNET
President Promotes Switching To Electronic Medical Records
Internet Evolution

QUICKLY -- Ferree Leaving Early March; Bash Joins Adelstein Staff; June=20
Taylor Acting Director of the Office of Workplace Diversity; Clear=20
Channel-PBS Agreement; Public Telecommunications Facilities Grant=20
Opportunities; TPRC Call for Papers

STATEMENTS ON DECISION *NOT* TO APPEAL PROMETHEUS RADIO PROJECT VS FCC

OWNERSHIP

GOVERNMENT PASSES ON OWNERSHIP REVIEW
The Solicitor General has confirmed that the government will not appeal a=20
lower court's ruling (in Prometheus Radio Project vs. FCC) that instructed=
=20
the FCC to revamp its media ownership rules. Without the backing of the=20
Government, the Supreme Court is unlikely to hear an appeal filed by the=20
television networks and large newspaper companies. However, some people are=
=20
suggesting that the Government might wait to see what arguments are made by=
=20
media companies, then weigh in in support of various parts of those=20
appeals. Josh Silver, executive director of media consolidation foe Free=20
Press, was not prepared to start breaking out the champagne. "Today's=20
decision is not cause for celebration. It is a call to arms," he said in a=
=20
statement. "The courts sent the FCC back to the drawing board to restart=20
the entire rulemaking process, but the FCC is still dominated by industry=20
pawns. We cannot expect this FCC to act in the public interest without=20
listening to the public and conducting independent, credible research on=20
the diversity of local voices."
Communications Daily reports that FCC Commissioners Copps and Adelstein=20
made a joint statement: =93The ball is now back in the FCC=92s court. The
Commission should seize the second chance to do the right thing.=94 They=
said=20
the FCC=92s new media policy should include: 1) A comprehensive proceeding=
to=20
promote localism, competition and diversity. 2) A series of hearings across=
=20
the country on the impact of media concentration. 3) Creating a =93far more=
=20
complete record,=94 including independent research on media concentration.
(We've been saying 'til we're blue in the face how important this case is,=
=20
so there's a lot of reaction to the decision. See links to reactions at the=
=20
end of this email.)
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA499594?display=3DBreaking+New...
ferral=3DSUPP
http://www.multichannel.com/article/CA499741.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
Feds Leave Broadcasters Alone in FCC Media Ownership Appeal
[SOURCE: Communications Daily, AUTHOR: Michael Feazel]
(Not available online)
Adelstein/Copps:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256380A1.doc
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-fcc28jan28,1,3926683....
y?coll=3Dla-headlines-pe-business
NYTimes: http://www.nytimes.com/2005/01/28/business/media/28media.html
WashPost:=
http://www.washingtonpost.com/wp-dyn/articles/A42134-2005Jan27.html
WSJ:=20
http://online.wsj.com/article/0,,SB110685482591338286,00.html?mod=3Dtoda...
s_page_one
USAToday:=
http://www.usatoday.com/printedition/money/20050128/1b_fcc28.art.htm
TVWeek: http://www.tvweek.com/news.cms?newsId=3D7188

COPPS ON MEDIA OWNERSHIP
Remarks of Commissioner Michael J. Copps, National Association of=20
Television Program Executives, Las Vegas, Nevada. "So it is time-it is long=
=20
past time-for the FCC to consider and approve a set-aside, like 25 or 35=20
per cent of prime-time hours, for independent producers and=20
creators. There's just so much more creativity and genius out there than=20
our media currently reflect. More independent programs would be a=20
wonderful boon to diversity, localism and competition-the three building=20
blocks of a healthy and dynamic media environment. And you know, these=20
building blocks aren't luxuries, nice things to have if we can afford=20
them. Diversity, localism and competition are necessities for a thriving=20
American media, and we can't afford not to have them. They are essential=20
for the quality of entertainment our citizens enjoy, and they are essential=
=20
for the vitality of America's civic dialogue-a civic dialogue that I think=
=20
is in serious, serious trouble-but that's another speech. We need these=20
building blocks across our entire media landscape. And your FCC ought to=20
be nourishing these all-American traits. Instead it has been busy=20
subverting them."
[SOURCE: FCC, AUTHOR: FCC Commissioner Michael Copps]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256292A1.doc

SBC-AT&T MERGER WOULD GET APPROVED BUT TAKE TIME, DIVESTITURES
We travel to upstate New York and what does SBC do? Just try to reverse the=
=20
1984 consent decree to break up AT&T -- Is there no rest for the weary?=20
Apparently SBC is in talks to acquire AT&T (see 1/27 WSJ=20
http://online.wsj.com/article/0,,SB110678104526737235,00.html?mod=3Dtoda...
s_page_one).=20
Some seven years ago, similar rumors of a deal were quashed when then-FCC=20
Reed Hundt said it would be unthinkable that such a merger would be=20
approved. Now industry analysts say the deal may take some time, but would=
=20
ultimately win approval since AT&T is not the biggest competitor for the=20
Baby Bells anymore. A merger would face strong opposition from consumer=20
groups concerned about further diminished competition and higher prices.=20
Consumer Federation of America Research Director Mark Cooper said the=20
merger would represent =93the continuous deterioration of competition in the=
=20
telecom sector, with an evolving cable-Bell duopoly.=94
[SOURCE: Communications Daily, AUTHOR: Susan Polyakova]
(Not available online)
WashPost:=
http://www.washingtonpost.com/wp-dyn/articles/A41648-2005Jan27.html
WSJ:=20
http://online.wsj.com/article/0,,SB110686715042638602,00.html?mod=3Dtoda...
s_page_one
=
http://online.wsj.com/article/0,,SB110686736617438606,00.html?mod=3Dtoda...
us_marketplace
=
http://online.wsj.com/article/0,,SB110686391699838493,00.html?mod=3Dtoda...
us_money_and_investing
USAToday:=20
http://www.usatoday.com/printedition/money/20050128/1b_attsbc28.art.htm
=
http://www.usatoday.com/printedition/money/20050128/2b_attregulatory28.a...
htm
LATimes:=20
http://www.latimes.com/news/printedition/front/la-fi-att28jan28,1,364734...
ory?coll=3Dla-headlines-frontpage
NYTimes: http://www.nytimes.com/2005/01/28/business/28phone.html

XM, SIRUS IN PRELIMINARY MERGER TALKS
The New York Post reports that satellite radio rivals Sirius and XM have=20
been meeting lately to discuss the possibility of a merger, according to=20
several sources close to the matter. They have been weighing any potential=
=20
antitrust concerns [well, yeah, that's a good place to start] that would=20
arise from a deal, which would create a monopoly in the nascent satellite=20
radio business -- already a FCC-licensed duopoly. The two companies have=20
talked in the past about merging, but the discussions never got to an=20
advanced stage. Many people in the media industry say it's inevitable the=20
two companies will eventually merge, although a deal could be at least a=20
year away. A merger would alleviate a price war for premium content and=20
allow the two companies to save significant amounts of money on marketing=20
costs.
[SOURCE: Radio Ink]
http://www.radioink.com/HeadlineEntry.asp?hid=3D126959&pt=3Dtodaysnews

MEDIA POLICY

LAWMAKERS TRY AGAIN TO BOOST INDECENCY FINES
Rep. Fred Upton unveiled on Tuesday a bill to raise fines on broadcasters=20
and entertainers to as much as $500,000 per violation. It would also=20
require the FCC to consider revoking a station's license after three=20
violations. Meanwhile, Sen. Sam Brownback, a Kansas Republican, wants to=20
boost fines to as much as $325,000 per violation and a $3 million maximum=20
for continuing violations. The maximum fine now is $32,500 per violation.=20
"It is my hope that we can expedite the legislation and deliver something=20
of real value to American families," said Rep Upton. "At current levels,=20
fines are more of a cost of doing business rather than a deterrent."=20
Broadcasting & Cable reports that Rep. Jan Schakowsky (D-IL) labeled the=20
indecency-enforcement as "overreaching" and pledged to defend the First=20
Amendment from that effort. She also said the bill "fails to address the=20
major concern of citizens across the country who believe that there is a=20
direct correlation between media consolidation and the increasing number of=
=20
objectionable materials on the air."
[SOURCE: RadioInk]
http://www.radioink.com/HeadlineEntry.asp?hid=3D126960&pt=3Dtodaysnews
[SOURCE, Broadcasting & Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA499437?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

THE FCC NEEDS A CONCILIATOR
[Editorial] President Bush will soon pick a new Federal Communications=20
Commission chief. To many, that could be ho-hum. But because of the rapid=20
pace in consumer technology, the FCC has power to influence the lives of=20
Americans in all their waking hours, from Internet telephony to digital TV=
=20
to Janet Jackson's future as a singer on network TV. Mr. Bush needs to=20
choose wisely. The person who walks the FCC's political tightrope as its=20
new leader must be just that - a leader, one who can react to quick shifts=
=20
in technology while trying to reconcile competing cries for help from the=20
public.
[SOURCE: Christian Science Monitor, AUTHOR: Editorial Staff]
http://www.csmonitor.com/2005/0128/p08s01-comv.html

BELO LOBBIES TO DELAY DTV DECISION
FCC Chairman Michael Powell is now said to have the three votes necessary=20
to deny broadcasters both cable carriage of all their multicast digital=20
channels and dual analog-digital must-carry during the transition to DTV.=20
But broadcasters continue to lobby to either reverse of delay that=20
decision. Dallas-based Belo Broadcasting, a large TV station owner group,=20
is taking its plea to the House and Senate Commerce Committees. In a letter=
=20
to key Congress members, Belo Chairman Robert Dechard said that with=20
Chairman Powell leaving and the FCC and commerce committees "reorganizing=20
under new leadership," Congress should postpone a decision until a new FCC=
=20
chairman is named. Broadcasters need multicasting must-carry in order for=20
those additional services to be viable, he argues.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA499751?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

CONSUMER PROTECTIONS (?)

CALIFORNIA PUC SUSPENDS TELECOM CONSUMER BILL OF RIGHTS UNTIL DECEMBER
Luckily, the original Bill of Rights has had a longer life that=20
California's telecommunications customers' bill of rights which has been=20
suspended through the end of the year after being adopted in November 2004.=
=20
Between now and the end of the year, the PUC said it will be taking=20
comments and holding informal meetings and formal hearings to address=20
wireless carriers=92 problems with the provisions and implementation=
schedule=20
for the bill of rights. The rules, the result of a four-year effort, were=20
the nation=92s most sweeping set of protections for wireless and landline=20
telephone customers. They gave subscribers a 30-day trial period to cancel=
=20
new services without penalty and imposed numerous other consumer=20
requirements regarding service, billing, disclosures and marketing. Only=20
PUC Commissioner Geoffrey Brown voted against the temporary suspension,=20
saying consumers would be =93castrated=94 by the loss of the protections=20
afforded by the policy document. Brown said consumers seeking redress under=
=20
other
rules and laws encounter prohibitive legal fees and slow legal processes.=20
He said suspension of these rules denies consumers an efficient and=20
affordable way to fight abuses. He said the stay=92s =93illusory promise of=
=20
reinstatement is a fig leaf for elimination.=94
[SOURCE: Communications Daily, AUTHOR: Herb Kirchhoff]
(Not available online)
WSJ:=20
http://online.wsj.com/article/0,,SB110688198222039094,00.html?mod=3Dtoda...
s_marketplace
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-puc28jan28,1,5097157....
y?coll=3Dla-headlines-pe-business
Reaction --
Consumers Union:=20
http://www.consumersunion.org/pub/core_telecom_and_utilities/001817.html...
e
Wireless Lobby: http://www.ctia.org/news_media/press/body.cfm?record_id=3D14=
84

FEDERAL CONTRACTS WITH COLUMNISTS PROMPT CHANGE IN POLICY
Michael J. McManus, a part-time columnist who heads an organization that=20
promotes marriage, was awarded a contract worth up to $10,000 from the Bush=
=20
Administration last year -- the third recent case in which a syndicated=20
columnist has received such payments. He was paid through a subcontract=20
from a consulting firm that does work for the Department of Health and=20
Human Services. He said he saw nothing wrong with receiving the money,=20
which he said amounted to $4,000 plus travel expenses, or an additional=20
$49,000 in federal funds channeled to his organization, Marriage Savers,=20
from another federal grant recipient. McManus said Thursday night that his=
=20
column appeared in 30 papers, most of them small, and generally did not=20
back or even address administration policies. He said his applications for=
=20
some direct federal grants had been denied by the Bush administration, "so=
=20
I don't think it looks terribly cozy." Nonetheless, an assistant secretary=
=20
of Health and Human Services who oversees the payments said Thursday he was=
=20
changing his division's policy so that contracts to columnists would be=20
prohibited. Under both Democratic and Republican administrations, the=20
government has awarded contracts to public relations firms to present=20
information about specific issues and promote its programs. The amount and=
=20
number of contracts have increased under the current administration.
[SOURCE: Los Angeles Times, AUTHOR: Tom Hamburger]
http://www.latimes.com/news/printedition/asection/la-na-pr28jan28,1,3044...
story?coll=3Dla-news-a_section
(requires registration)

PBS STATIONS MAY RUN CONTROVERSIAL SHOW
A number of local public TV stations may run an episode of the animated=20
series "Postcards From Buster" featuring a real family headed by a lesbian=
=20
couple despite a decision by PBS not to distribute the program. PBS said=20
its unusual decision to drop the episode was made independently, not=20
because of pressure from the U.S. Department of Education's new secretary,=
=20
Margaret Spellings. Sec. Spellings on Tuesday wrote to PBS President Pat=20
Mitchell asking the network to consider removing the department's logo and=
=20
returning the public money spent on the episode.
[SOURCE: Los Angeles Times, AUTHOR: Lynn Smith]
http://www.latimes.com/news/printedition/asection/la-na-pbs28jan28,1,540...
.story?coll=3Dla-news-a_section
(requires registration)

TROUBLE BUBBLING UP? NAUTICAL NONSENSE!
Is SpongeBob SquarePants gay? Is he a threat to cable-subscribed children=20
everywhere? Will FCC Chairman Michael Powell step up and protect the=20
viewing audience? He has been strangely quiet on this latest crisis. And=20
here's why: Powell is quite close to the sponge dude. He's even been seen=20
cavorting with him, including publicly on one occasion. Back on March 10,=20
Powell's FCC Web site featured a photo of the chairman and the sponge,=20
grinning and holding hands no less in the MTV booth at a trade convention.=
=20
This and similar fun photos were removed from the site not long after that=
=20
item ran. Even so, the Post reports that the Powell/SpongeBob relationship=
=20
remains, let's say, very special.
[SOURCE: Washington Post, AUTHOR: Al Kamen]
http://www.washingtonpost.com/wp-dyn/articles/A43234-2005Jan27.html
(requires registration)

FILE-SHARING BATTLES LEAVE US OUT
[Commentary] Under the guise of "looking for middle ground" in the=20
peer-to-peer file-sharing debate, Ross argues that Public Knowledge and the=
=20
organization's president, Gigi Sohn, does not "speak for consumers like me=
=20
who want digital content, but want to pay for it."
[SOURCE: C-Net|News.com, AUTHOR: Patrick Ross, Progress & Freedom=
Foundation]
http://news.com.com/File-sharing+battles+leave+us+out/2010-1071_3-555194...
ml?tag=3Dnefd.ac

INTERNET

PRESIDENT PROMOTES SWITCHING TO ELECTRONIC MEDICAL RECORDS
President Bush called on doctors and hospitals Thursday to move their=20
medical records from paper to electronic files, a change that he said would=
=20
improve medical care while shaving significant sums from the nation's=20
spiraling health care bill. Electronic files give doctors instant access to=
=20
potentially lifesaving information such as patients' medical histories, lab=
=20
test results and the list of medications they have been prescribed. In=20
addition, proponents say, electronic records reduce administrative costs=20
and the chance for medical errors that occur when information is written=20
down inaccurately or illegibly. The records also invite patients to become=
=20
more involved in their medical care by making lab tests and other records=20
available to them over the Internet, and providing them with electronic=20
links to more information about their medical conditions.
[SOURCE: Washington Post, AUTHOR: Michael Fletcher]
http://www.washingtonpost.com/wp-dyn/articles/A41595-2005Jan27.html
(requires registration)

INTERNET EVOLUTION
A decade after browsers came into popular use, the Internet has reached=20
into=ADand, in some cases, reshaped=ADjust about every important realm of=20
modern life. It has changed the way we inform ourselves, amuse ourselves,=20
care for ourselves, educate ourselves, work, shop, bank, pray and stay in=20
touch. On a typical day at the end of 2004, some 70 million American adults=
=20
logged onto the Internet to use email, get news, access government=20
information, check out health and medical information, participate in=20
auctions, book travel reservations, research their genealogy, gamble, seek=
=20
out romantic partners, and engage in countless other activities. That=20
represents a 37 percent increase from the 51 million Americans who were=20
online on an average day in 2000 when the Pew Internet & American Life=20
Project began its study of online life. The Web has become the =93new=20
normal=94 in the American way of life; those who don't go online constitute=
=20
an ever-shrinking minority. And as the online population has grown rapidly,=
=20
its composition has changed rapidly. At the infant stage, the Internet=92s=
=20
user population was dominated by young, white men who had high incomes and=
=20
plenty of education. As it passed into its childhood years in 1999 and=20
2000, the population went mainstream; women reached parity and then=20
overtook men online, lots more minority families joined the party, and more=
=20
people with modest levels of income and education came online.
[SOURCE: Pew Internet & American Life Project]
http://www.pewinternet.org/PPF/r/148/report_display.asp
http://www.pewinternet.org/pdfs/Internet_Status_2005.pdf

QUICKLY

* Ferree Leaving Early March
Kenneth Ferree, Chief of the Media Bureau for the Federal Communications=20
Commission (FCC), announces his resignation effective in early
March 2005. In March 2002, the Cable Services Bureau was combined with the=
=20
Mass Media Bureau, and Ferree was named Chief of the newly created Media=20
Bureau. Ferree provides legal, policy and regulatory advice to the FCC=20
Chairman and the other FCC Commissioners on broadcast, cable, broadband,=20
and post-licensing satellite issues.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256319A1.doc

* Bash Joins Adelstein Staff
FCC Commissioner Jonathan S. Adelstein announced today that Eric Bash has=20
been detailed to his staff as an Interim Legal Advisor working on media=20
issues pending the selection of a permanent advisor. Bash is currently=20
Assistant Chief in the Enforcement Bureau, Investigations & Hearings=20
Division. He previously served as Special Counsel to the Commission's=20
Localism Task Force, and as Attorney Advisor in the Media Bureau, Policy=20
Division, and in the former Mass Media Bureau, Policy & Rules Division. He=
=20
also has worked in the Common Carrier (now Wireline Competition) and=20
Wireless Telecommunications Bureaus. Before joining the Commission in=20
1996, Eric worked for the Federal Trade Commission, representing the agency=
=20
in consumer protection litigation in the federal courts. Eric received his=
=20
J.D. from the University of Pennsylvania, and his A.B. from Duke University.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256315A1.doc

* FCC Chairman Michael Powell today named P. June Taylor Acting Director of=
=20
the Office of Workplace Diversity (OWD).
Taylor most recently served as Associate Bureau Chief and Chief of Staff in=
=20
the FCC's Consumer and Governmental Affairs Bureau (CGB). Prior to joining=
=20
the Commission, Taylor was an attorney with the Office of General Counsel=20
for the Western Area Power Administration, U.S. Department of=20
Energy. While at Western, she successfully defended the agency in=20
litigation before the Federal Energy Regulatory Commission, the Equal=20
Employment Opportunity Commission, and Merit Systems Protection Board. She=
=20
clerked for the Honorable Warren O. Martin and the Honorable Lawrence A.=20
Manzanares of the 2nd Judicial District, Colorado District Court. Taylor=20
also served as a Judicial Fellow to the Colorado Supreme Court. Taylor=20
received her J.D. from the University of Denver College of Law where she=20
was President of the Asian Pacific American Law Students Association and=20
Articles Editor of the Transportation Law Journal. She holds a B.A. cum=20
laude from the University of New Mexico where she was a Phi Beta Kappa=20
graduate.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256306A1.doc

* Clear Channel-PBS Agreement
Just when you thought public TV couldn't get more commercial... PBS and=20
Clear Channel Entertainment (CCE) announced Thursday that they will create=
=20
an exclusive live touring partnership and television production deal. The=20
agreement provides Clear Channel with a first right of refusal to mount=20
live tours of performance shows produced for PBS stations' membership=20
pledge drives. Additionally, it is anticipated that Clear Channel TV will=20
produce original fundraising programs for PBS. The live events will allow=20
local PBS television stations to partner with CCE to promote both the=20
telecast and the live shows as fundraising events.
[SOURCE: PBS Press Release]
http://www.pbs.org/aboutpbs/news/20050127_clearchannel.html

* Public Telecommunications Facilities Program
The Public Telecommunications Facilities Program (PTFP) has published a=20
Federal Funding Opportunity Notice detailing the FY 2005 PTFP grant round=20
application requirements and guidelines. The PTFP assists, through matching=
=20
grants, in the planning and construction of public telecommunications=20
facilities in order to: 1) Extend delivery of services to as many citizens=
=20
as possible by the most cost-effective means, including use of broadcast=20
and non-broadcast technologies; 2) increase public telecommunications=20
services and facilities available to, operated by, and controlled by=20
minorities and women; 3) strengthen the capability of existing public=20
television and radio stations to provide public telecommunications services=
=20
to the public. The deadline for all applications is March 1, 2005.
[SOURCE: National Telecommunications and Information Administration]
http://www.ntia.doc.gov/ptfp/attachments/whatsnew.htm

* The Telecommunications Policy Research Conference is now accepting paper=
=20
proposals for its 2005 conference, which will be held from Friday,
September 23 through Sunday, September 25, 2005 at the George Mason=20
University Law School in Arlington, Virginia. TPRC also invites suggestions=
=20
on special panels and tutorials. This year TPRC is soliciting abstracts for=
=20
policy-relevant papers in the following topic areas: Comparative History;=20
Competition Policy in Network Technologies and Industries; Information and=
=20
Communication Technologies for Community and National Development;=20
Intellectual Property; Mass Media and Content Regulation; Disruptive New=20
Technologies; Privacy and Security; Regulation, E-regulation, and=20
Governance of Information and Communication Technologies; and Spectrum=20
Policy and Wireless Applications
The deadline for abstract submissions is March 31, 2005.
http://www.tprc.org/TPRC05/call05.htm

STATEMENTS ON DECISION *NOT* TO APPEAL PROMETHEUS RADIO PROJECT VS FCC

Media Access Project
http://www.mediaaccess.org/press/prometheusvictoryPR.pdf

Consumers Union
http://www.hearusnow.org/index.php?id=3D436

Center for Creative Voices in Media
http://www.creativevoices.us/php-bin/news/showArticle.php?id=3D104&PHPSE...
=3D5608baccd03407f30449c81094e7c7ef

Communications Workers of America
http://www.cwa-union.org/news/PressReleaseDisplay.asp?ID=3D478

Free Press
http://www.freepress.net/news/release.php?id=3D43

United Church of Christ
http://www.ucc.org/news/oc012705.htm
--------------------------------------------------------------
Sure we just got back, but we are outta here. See you Monday. Thanks again=
=20
to our friends at Ithaca College.
--------------------------------------------------------------
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 1/24/05

We will see you again FRIDAY; we're off to Ithaca!=20
(http://www.ithaca.edu/news/article.php?id=3D1603)

POLICYMAKERS
Powell Heads for Exit
Challenges Await Powell's FCC Successor

OWNERSHIP
Newspapers Face Antitrust Scrutiny
EchoStar's Satellite Purchase Not Likely a Cure-All
France Telecom Might Acquire Rest of Equant

CABLE
Cable, DOJ Pitch Modem Dereg
Cable Could Rule if it Plays its Cards Right
Comcast Gets Breather In McHenry

CONTENT
Tech Firms to Seek Legal Protection From Pirating
Osama Who? When No News Is 'Bad News'
Churches Spar with Media over Advertising
The New Wave of Homegrown Fare
Under-Used Power of the News
'NYPD Blue' Producer Deems TV Too 'Conservative'

INTERNET
Internet News Sites Are Back in Vogue
Intel Pushes D.C. Agenda
Search Engine Users
Hansan Holds E-Advocacy Advantage

QUICKLY -- Selling Advertisers on Radio; Music to Cell Phones; Summit on=20
Children, Media and Literacy; America at a Crossroads; How to Read a Column

REACTION TO POWELL ANNOUNCEMENT

POLICYMAKERS

POWELL HEADS FOR EXIT
As we reported Friday morning, FCC Chairman Michael Powell has announced=20
his resignation and will leave the Commission is March. Powell, 41, joined=
=20
the FCC in 1997, a Republican nominee of President Clinton, who had=20
previously appointed him chief of staff of the Justice Department=92s=20
Antitrust Division. President Bush elevated Powell to FCC chairman a few=20
days after his 2001 inauguration. Later, Powell was confirmed for a=20
five-year term, ending June 30, 2007. Powell=92s biggest controversy came in=
=20
June 2003, when he approved new broadcast ownership rules that allowed one=
=20
company to own three TV stations, eight radio stations, the cable system,=20
and the dominate daily newspaper in the country=92s largest markets. The=20
ruling sparked outrage among public-interest and consumer groups, and many=
=20
Capitol Hill lawmakers felt the FCC has pushed too far. Powell was a First=
=20
Amendment purist who had to change course in response to the proliferation=
=20
of reality TV programs with crass sexual content, shock jocks with toilet=20
mouths and a Super Bowl with a soft-porn halftime show finale. Although=20
Powell=92s preference was to let the media run wild under its First=
Amendment=20
free speech protections, he also recognized that the FCC had broadcast=20
indecency laws to enforce. =93Michael Powell had the right goal --=
expediting=20
the introduction of advanced technologies. He had the wrong mechanism --=20
letting the big boys do it,=94 said Andrew Jay Schwartzman, president of=20
Media Access Project, a group that helped block Powell=92s media-ownership=
=20
rules. =93He was good at philosophy, but bad at execution. He is a fine=20
speechmaker, but a poor politician.=94
* URLs below this summary will take you to additional coverage. For a=20
collection of responses to Chairman Powell's departure, see the end of this=
=20
email.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA498449.html?display=3DTop+Stories&...
rral=3DSUPP
(free access for Benton's Headlines subscribers)
* NYTimes editorial: http://www.nytimes.com/2005/01/24/opinion/24mon2.html
* News.com:=20
http://news.com.com/Mixed+legacy+for+FCCs+Powell/2100-1033_3-5545030.htm...
g=3Dnefd.top
* USA Today:=20
http://www.usatoday.com/printedition/money/20050124/1b_powellcover24.art...
http://www.usatoday.com/printedition/money/20050124/2b_powellb0x24.art.htm
=
=
http://www.usatoday.com/printedition/money/20050124/2b_powellreaction24....
.htm
* Alternet: http://www.alternet.org/mediaculture/21057/
* eSchool News: http://www.eschoolnews.com/news/showstory.cfm?ArticleID=3D54=
67
* Telephony:=20
http://telephonyonline.com/regulatory/news/powell_resign_fcc_012105/
* Beyond Janet Jackson's Breast: A Defense of Chairman Powell
"Mr Powell has endured one mortifying policy defeat after another. From a=20
battle over America's media-ownership rules to a scrap about telecoms=20
regulation, the courts, Congress, the media and even fellow Republican=20
commissioners have taken turns sticking the knife into the FCC's=20
soft-bellied chairman," writes the Economist, which defends Powell for his=
=20
efforts to bring the agency into step with the digital age.
[The Economist]
http://www.economist.com/people/displayStory.cfm?story_id=3D3576578

CHALLENGES AWAIT POWELL'S SUCCESSOR
The agenda for the next FCC Chairman will include: the rapid transition of=
=20
broadcasts to digital signals; the financial problems of the Universal=20
Service Fund, which subsidizes phone service for rural and low-income=20
Americans; and the haphazard system by which different telephone companies=
=20
compensate each other for completing their calls. The FCC faces a fight in=
=20
trying to force broadcasters to return old, analog spectrum by a certain=20
date and to switch completely to digital transmissions, which require much=
=20
less bandwidth. Mr. Powell's staff had been pushing last year to set 2009=20
as the year for the handover but backed off because of industry opposition=
=20
and the press of other business. On media consolidation, the FCC must=20
decide whether to seek Supreme Court review of an appeals-court ruling that=
=20
tossed out rules easing restrictions on media ownership. Without a=20
successful appeal, the five-member commission must begin working on=20
media-ownership rules all over again. Besides Chairman Powell, Commissioner=
=20
Kathleen Abernathy, his closest ally, also is widely expected to leave in=20
coming months.
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo=20
annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB110652198940933591,00.html?mod=3Dtoda...
s_page_one
(requires subscription)
See also --
FCC Finds Itself Up to Its Neck in Hot Issues
http://www.latimes.com/business/printedition/la-fi-fcc24jan24,1,2091667....
y?coll=3Dla-headlines-pe-business
Can Howard Stern now relax?
http://news.com.com/Can+Howard+Stern+now+relax/2010-1071_3-5545890.html?...
=3Dnefd.ac
FCC Faces A New Set of Challenges
http://www.nytimes.com/2005/01/24/business/media/24powell.html

OWNERSHIP

NEWSPAPERS FACE ANTITRUST SCRUTINY
Industry watchers are expecting a concentration of newspaper ownership this=
=20
year, but don't you worry, the Justice Department is all over it. The=20
Justice Department is investigating Gannett's proposed buyout of HomeTown=20
Communications Network, a Midwest community-newspaper publisher based in=20
Livonia (MI), and has opened a preliminary inquiry into the New York=20
Times's plans to take a 49% stake in Metro Boston, a free daily that=20
competes with the Boston Globe, which is also owned by the Times. In some=20
markets, advertisers have told the Justice Department that the pending=20
deals could give local publishers enough clout to raise ad rates in the=20
cities they serve. Competitors in Detroit and Boston, including the Boston=
=20
Herald, have also told the Justice Department that they believe the deals=20
would violate antitrust law. Bids for Pulitzer -- which owns the Arizona=20
Daily Star, St. Louis Post-Dispatch and other dailies -- are due today and=
=20
analysts have said that the sale could fetch $1.5 billion, plus the=20
assumption of debt of about $300 million. Gannett, the nation's largest=20
newspaper publisher, is widely expected to be one of the leading bidders=20
for the company, continuing its role as an aggressive nationwide acquirer=20
of newspapers. Some analysts expect the Pulitzer deal to herald a new round=
=20
of buying.
[SOURCE: Wall Street Journal, AUTHOR: James Bandler james.bandler( at )wsj.com]
http://online.wsj.com/article/0,,SB110652653344033690,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

ECHOSTAR'S SATELLITE PURCHASE NOT LIKELY A CURE-ALL
EchoStar Communications's $200 million pact to purchase CableVision's Voom=
=20
satellite capacity may not be all the company needs to compete better with=
=20
DirecTV, which has more subscribers and deeper pockets. DirecTV, for=20
example, is challenging two of EchoStar's historical strengths: an=20
extensive rural-customer base and strong offerings of foreign programming=20
to ethnic groups in the U.S. By buying a top-of-the-line satellite that=20
will increase the number of channels Echostar can offer, the company may be=
=20
able to counter by expanding his lineup of foreign-television fare. But the=
=20
company may have to spend close to $1 billion by mid-2006 to comply with a=
=20
Congressional mandate to stop using dual antennas to serve some=20
subscribers. Once that practice is phased out, EchoStar still will face=20
escalating pressure to expand its satellite fleet to keep up with the=20
ambitious plans laid out by DirecTV, the No. 1 direct-to-home satellite=20
broadcaster. DirecTV has projected launching over the next few years at=20
least five new satellites that will allow it to deliver well over 1,000=20
high-definition channels. The initiative will come at a cost of roughly=20
$1.5 billion.
[SOURCE: Wall Street Journal, AUTHOR: Andy Pasztor andy.pasztor( at )wsj.com]
http://online.wsj.com/article/0,,SB110652149119533565,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

FRANCE TELECOM MIGHT ACQUIRE REST OF EQUANT
France Telecom is expected to announce as early as today a plan to buy the=
=20
46% of telecom-services company Equant it doesn't already own, say people=20
familiar with the matter. Netherlands-based Equant provides=20
telecommunications services to large corporations, and was hit hard=20
following the collapse of the telecom investing bubble in the early part of=
=20
the decade. The competitive pressure in the global business-communications=
=20
industry in which Equant operates has ratcheted up since November when=20
France Telecom's British rival BT Group purchased U.S.-based Infonet=20
Services. In addition to BT Group, Equant also competes with AT&T and MCI.
[SOURCE: Wall Street Journal, AUTHOR: Dennis K. Berman=20
dennis.berman( at )wsj.com, Jason Singer jason.singer( at )wsj.com & Cassell=20
Bryan-Low cassell.bryan-low( at )wsj.com ]
http://online.wsj.com/article/0,,SB110652070909833534,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

CABLE

CABLE, DOJ PITCH MODEM DEREG
Providing high-speed Internet access should not trigger mandates designed=20
to open cable networks to all data competitors, the cable industry told the=
=20
U.S. Supreme Court in a filing last Tuesday. The National Cable &=20
Telecommunications Association, joined by three major cable companies,=20
asked the high court to shield cable-modem service from forced-access=20
mandates and back deregulatory policies adopted by the Federal=20
Communications Commission in March 2002. In its own brief in the case, the=
=20
Justice Department argued that application of open-access rules would raise=
=20
consumer rates and freeze cable=92s investment in broadband facilities. In=
=20
addition to having to open their lines, cable operators would be required=20
to contribute modem revenue to a telephone-subsidy program, perhaps pay=20
higher telephone pole-attachment fees and would need to absorb the cost of=
=20
engineering their networks for interconnection with other common carriers,=
=20
the DOJ said. =93Classifying cable-modem service as a telecommunications=20
service would drastically change the regulatory environment for cable-modem=
=20
service,=94 the DOJ said.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA498444.html?display=3DTop+Stories&...
rral=3DSUPP
(free access for Benton's Headlines subscribers)

CABLE COULD RULE IF IT PLAYS ITS CARDS RIGHT
Consulting firm PricewaterhouseCoopers is offering advise to cable=20
companies in a new report, thinking they can beat the phone giants in the=20
race to dominate home entertainment and communications. The report urges=20
operators to roll out packages of sophisticated video, Internet and phone=20
services before companies such as BellSouth, SBC and Verizon complete a $10=
=20
billion investment in fiber-optic lines. Those lines will let them offer=20
cablelike TV along with phone and Internet services that will rival bundles=
=20
from cable operators, which are beginning to add phone service. See more at=
=20
the URL below.
[SOURCE: USAToday, AUTHOR: David Lieberman]
http://www.usatoday.com/printedition/money/20050124/1b_cableoutlook24.ar...
m

COMCAST GETS BREATHER IN MCHENRY
The McHenry County (IL) Board agreed to postpone the vote on a resolution=20
that called for a federal probe of cable rates in the vast majority of=20
markets. The board, made up entirely of Republicans, will wait while cable=
=20
operator Comcast come up with some excuses for -- um, er -- while Comcast=20
explains recent system upgrades and rate increases. Illinois state Sen.=20
Pamela Althoff, a former cable broker and system investor, said she stepped=
=20
in to mediate differences between Comcast and county officials pressing for=
=20
the rate probe. A fast-growing community of 280,000, McHenry is not fertile=
=20
soil for a cable-rate rebellion. But Comcast=92s system upgrades --=
something=20
the company promised to do when it acquired the property -- and rate hikes=
=20
angered some board members, who felt the channel additions did not justify=
=20
the rise in monthly bills.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA498350.html?display=3DPolicy&refer...
=3DSUPP
(free access for Benton's Headlines subscribers)

CONTENT

TECH FIRMS TO SEEK LEGAL PROTECTION FROM PIRATING
The Supreme Court is scheduled to hear arguments March 29 in a suit brought=
=20
by the motion picture and recording industries against Grokster, one of the=
=20
leading "peer-to-peer" filing-sharing services. Representatives of all=20
sides on the issue agree that the case could determine the fate of services=
=20
such as Grokster, KaZaa and Morpheus, which in the eyes of the=20
entertainment industry are responsible for the pirating of millions of=20
dollars in losses annually. Several large technology corporations will urge=
=20
the U.S. Supreme Court today to continue to shield businesses and=20
innovators from legal responsibility if their products or services are used=
=20
by consumers for illegal acts. The companies, including industry giants=20
Microsoft, Yahoo, Google, America Online and Apple Computer, will argue in=
=20
court filings that the innovations that have helped fuel U.S. economic=20
growth could grind to a halt if protections from liability were stripped=20
away. At issue is the continuing popularity of Internet file-sharing=20
services, whose software lets users swap digital music, videos and software=
=20
regardless of whether they are copyrighted works that should be paid for=20
each time they are sent to another consumer.
[SOURCE: Washington Post, AUTHOR: Jonathan Krim]
http://www.washingtonpost.com/wp-dyn/articles/A31332-2005Jan23.html
(requires registration)
See also --
USAToday:=
http://www.usatoday.com/printedition/money/20050124/2b_riaa24.art.htm
Reuters:
http://www.reuters.com/newsArticle.jhtml;jsessionid=3D1HRYYHRXO3GCMCRBAE...
A?type=3DinternetNews&storyID=3D7400119

OSAMA WHO? WHEN NO NEWS IS 'BAD NEWS'
A look at the business of news and how business news limits the information=
=20
delivered to us on television newscasts. Former-CBS foreign correspondent=20
Tom Fenton, in his forthcoming book "Bad News," castigates network news for=
=20
failing to adequately cover the rest of the world. The book is a stinging=20
indictment that gains force from his quarter-century of service in CBS's=20
London bureau. Fenton blames "corporate greed," saying he was "beaten down=
=20
by the corporate bean counters" and had "so many of my stories rejected" in=
=20
the decade before 9/11. CBS's London bureau, he writes, "doesn't do much=20
reporting any more. What it does is called packaging," assembling video and=
=20
facts gathered by outside organizations.
[SOURCE: Washington Post, AUTHOR: Howard Kurtz]
http://www.washingtonpost.com/wp-dyn/articles/A31306-2005Jan23.html
(requires registration)

CHURCHES SPAR WITH MEDIA OVER ADVERTISING
As religion moves more overtly into public life, its reception in the major=
=20
media has not always been warm. Churches and religious publishers reaching=
=20
out to the "unchurched" - those who may be spiritually inclined but=20
institutionally alienated - are finding that some media are rejecting their=
=20
advertising dollars. The United Church of Christ (UCC) and the United=20
Methodist Church (UMC) have been told "no," as has Zondervan, the leading=20
Bible publisher. Media outlets have the right to decide what they publish=20
or broadcast, but religious groups say the media are practicing a form of=20
censorship that is keeping them out of the marketplace of ideas. This is=20
not fair, they say, nor does it fulfill the media's responsibility to the=20
public.
[SOURCE: The Christian Science Monitor, AUTHOR: Jane Lampman]
http://www.csmonitor.com/2005/0124/p11s01-lire.html

THE NEW WAVE OF HOMEGROWN FARE
How do you compete with national programming like Oprah? Go local, of=20
course. Station managers nationwide are taking a hard look at their balance=
=20
of local and syndicated shows. Syndication costs are skyrocketing, yet hits=
=20
are rare. Stations spend heavily on syndicated shows -- upward of $100,000=
=20
a week in bigger markets. Plus, they often turn over half of the show's ad=
=20
time to syndicators in so-called barter deals. As stations cope with a=20
dearth of syndication hits and fend off cable networks, they've found local=
=20
fare a potent weapon. =93Broadcasters will stay alive by creating content=20
that resonates with their communities,=94 says Stacey Lynn Koerner,=20
Initiative Media's EVP of global research. =93That makes stations a=
must-have=20
for viewers and advertisers.=94 The local programming being created is extra=
=20
newscasts and lifestyle shows.
[SOURCE: Broadcasting&Cable, AUTHOR: Allison Romano]
http://www.broadcastingcable.com/article/CA498370.html?display=3DNews&re...
al=3DSUPP
(free access for Benton's Headlines subscribers)

UNDER-USED POWER OF THE NEWS
While some stories gets lots of coverage, too many remain under-covered.=20
Doctors Without Borders released its 7th annual list of the year's Top 10=20
Most Underreported Humanitarian Stories. In a host of African countries,=20
North Korea, Colombia, Chechnya and elsewhere, lives are being cruelly cut=
=20
short by a staggering array of woes, but we remain largely ill-informed=20
about them. Last year, the Big Three nightly newscasts didn't air=20
significant reports on any of these regions, save Chechnya and North=20
Korea=97and the latter drew attention because of its nuclear threat, not its=
=20
humanitarian crisis. But they did devote plenty of attention to Martha=20
Stewart and Janet Jackson.
[SOURCE: Broadcasting&Cable, AUTHOR: J. Max Robins]
http://www.broadcastingcable.com/article/CA498463.html?display=3DNews&re...
al=3DSUPP
(free access for Benton's Headlines subscribers)
See also --
Christian Science Monitor:=
http://www.csmonitor.com/2005/0124/p09s02-coop.html

'NYPD BLUE' PRODUCER DEEMS TV TOO 'CONSERVATIVE'
Twelve years ago, Steven Bochco hoped his TV drama NYPD Blue would open the=
=20
door for more sophisticated prime time drama. But the pendulum has swung in=
=20
the opposite direction in the past five years, he says. After the=20
controversy generated in large part by Janet Jackson's "wardrobe=20
malfunction" during last year's Super Bowl halftime show telecast on CBS,=20
NYPD Blue has had to fight with ABC over content issues that never were=20
questioned in the past. Ultimately, he said, TV will go back to allowing=20
more adult drama. "You're never going to put the genie back in the bottle,"=
=20
Bochco said. "We're never going to see television go back to what it was 20=
=20
years ago."
[SOURCE: Hollywood Reporter/Reuters]
http://au.news.yahoo.com/050121/11/sotu.html

INTERNET

INTERNET NEWS SITES ARE BACK IN VOGUE
Internet news and information sites, long thought to be dot-gone relics of=
=20
1999, are making a big comeback in 2005. Online advertising is expected=20
reach $9.7 billion in 2004, or about 3.7% of United States advertising=20
spending, according to a recent Merrill Lynch report. Still, that number is=
=20
expected to grow 19% this year as the nation's largest advertisers shift=20
budgets from print and network television to cable and the Internet, the=20
report said. As a result, publishers are being forced to confront a=20
potential advertising inventory crunch. There is no physical limitation to=
=20
the number of Web pages, of course, but advertisers want to be placed on=20
the most popular pages and those which cater to their most profitable=20
audiences. And those kind of pages are in shorter supply.
[SOURCE: New York Times, AUTHOR: Eric Dash]
http://www.nytimes.com/2005/01/24/technology/24marketwatch.html
(requires registration)

INTEL PUSHES DC AGENDA
Suffering eroding market share in its core business of supplying=20
microprocessors for PCs, Intel is trying to compensate by launching=20
products that will compete with TV stations and cable operators. The=20
company is waging three major policy fights against the TV business. One=20
Intel priority is to push the FCC, over broadcasters' objections, to make=20
TV stations share their channel space with high-speed wireless networks=20
that city government or other operators could set up without bothering to=20
get a license. The company is also trying to persuade Congress and the FCC=
=20
to set a quick deadline for making stations go all-digital and return their=
=20
old analog channels to the government. Intel is taking on cable operators,=
=20
too, by calling on the government to stick with rules designed to create=20
retail competition to the leased set-top boxes that have fattened=20
cable-industry profits for decades.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA498462.html?display=3DNews&re...
al=3DSUPP
(free access for Benton's Headlines subscribers)

SEARCH ENGINE USERS
A new nationwide survey by the Pew Internet & American Life Project shows=20
that Internet users are extremely positive about search engines and the=20
experiences they have when searching the Internet. But these same satisfied=
=20
Internet users are generally unsophisticated about why and how they use=20
search engines. They are also strikingly unaware of how search engines=20
operate and how they present their results.
[SOURCE: Pew Internet & American Life Project Press Release, AUTHOR:=20
Deborah Fallows]
http://www.pewinternet.org/PPF/r/146/report_display.asp

HANSAN HOLDS E-ADVOCACY ADVANTAGE
If you've ever e-mailed your representatives or learned about them online,=
=20
chances are that you did so through Capitol Advantage without knowing it.=20
Capitol Advantage LLC all but owns the lucrative market in congressional=20
directories and transformed that prosaic business into a rudiment of=20
Internet lobbying, which is now the fastest growing and arguably the most=20
potent form of persuasion in the nation's capital. Capitol Advantage wasn't=
=20
the first company to use a Zip code system (though it popularized it). It=20
isn't the only firm that facilitates e-mailing to Congress (though it is,=20
by far, the largest.) Yet its program's simplicity, accuracy and low cost=20
have made it a foundation of cyber-democracy. Learn more about the=20
company's founder, Robert Hansan.
[SOURCE: Washington Post, AUTHOR: Jeffrey H. Birnbaum]
http://www.washingtonpost.com/wp-dyn/articles/A31160-2005Jan23.html
(requires registration)

QUICKLY

Infinity Unveils Campaign to Get Advertisers to Tune In to Radio
Starting today, Viacom's Infinity Broadcasting will splash ads touting the=
=20
benefits of radio ad campaigns across the pages of magazines like Brandweek=
=20
and Advertising Age. It is highlighting the benefits of interactive=20
advertising, like a recent campaign that got radio listeners to log onto a=
=20
Web site, answer questions about themselves and get matched up with the car=
=20
that best suits their personality. The ad helped sell thousands of cars=20
over a four-week period in the summer for DaimlerChrysler AG. The campaign=
=20
comes as radio companies are fighting an advertising malaise and growing=20
competition from new satellite radio broadcasters. Infinity's approach is=20
very different from that of rival Clear Channel Communications Inc., which=
=20
last year launched a high-profile "Less Is More" campaign aimed at cutting=
=20
the number of ads on the radio as a way of increasing the value and impact=
=20
of the spots that air. Large numbers of ads can lead listeners to change=20
stations or ditch the radio altogether for CDs or satellite radio. Infinity=
=20
is also trying to focus on bigger markets by selling off or trading away=20
some of its smaller-market stations. And it is experimenting with new=20
formats to boost listener ratings, and therefore advertising dollars.=20
Earlier this month, it took a once-influential alternative-rock station in=
=20
Washington, WHFS, and flipped it to Spanish-language pop.
[SOURCE: Wall Street Journal, AUTHOR: Sarah McBride sarah.mcbride( at )wsj.com]
http://online.wsj.com/article/0,,SB110652400965733657,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

Face the Music, Wireless Carriers
[Commentary] The cellular industry in Asia and Europe is doing fine=20
supplying mobile users with tunes. US outfits ought to stop blocking the=20
service.
[SOURCE: BusinessWeek, AUTHOR: Steve Rosenbush]
http://www.businessweek.com/technology/content/jan2005/tc20050114_5688_t...
.htm

Summit on Children, Media and Literacy
The U.S. Department of Education and PBS are hosting a Ready To Learn=20
summit titled "A Child's Life: Learning, Literacy and the Role of the=20
Media," to be held on Feb. 3-4, 2005 at the Marriott Waterfront Hotel in=20
Baltimore, MD. Aiming to examine the impact of media on children's=20
literacy skills, the invitation-only event offers participants an=20
opportunity to learn about and exchange information on current research,=20
insights and future projections as well as lay a foundation to forge new=20
partnerships among the public broadcasting, reading research, technology=20
and entertainment fields.
http://www.pbs.org/aboutpbs/news/20050119_pbsdepted.html

America at a Crossroads
The war-time experiences of American soldiers, the high-stakes=20
international struggle for the heart of Islam, the competing demands of=20
security and civil liberty, the trial of Saddam Hussein, and our nation=92s=
=20
readiness for terrorist attacks -- are among the issues that will be=20
explored in films funded by the Corporation for Public Broadcasting through=
=20
its America at a Crossroads initiative. CPB announced today that it intends=
=20
to award research and development grants to ten production teams, and=20
expects to announce about 25 additional R&D grants in coming weeks.
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=3D392

How to Read a Column
As he steps out the door, William Safire offers some advise to readers.
http://www.nytimes.com/2005/01/24/opinion/24safire1.html

REACTION TO POWELL ANNOUNCEMENT

Powell's Statement
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256206A1.pdf
Highlights of tenure
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256206A2.pdf
Commissioner Kathleen Q. Abernathy
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256210A1.pdf
Commissioner Michael Copps
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256208A1.pdf
Commissioner Kevin Martin
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256212A1.doc
Commissioner Jonathan Adelstein
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256213A1.doc

Children Now
http://www.childrennow.org/newsroom/news-05/pr-01-21-05.cfm

Public Knowledge
http://www.publicknowledge.org/pressroom/releases/pressrelease.2005-01-2...
38977060

Free Press
http://www.freepress.net/action/newFCCchair

Common Cause
http://www.commoncause.org/site/apps/nl/content2.asp?c=3DdkLNK1MQIwG&b=3...
883&ct=3D352822

Alliance for Better Campaigns
http://www.bettercampaigns.org/press/release.php?ReleaseID=3D68

Center for Creative Voices in Media
http://www.creativevoices.us/php-bin/news/showArticle.php?id=3D103&PHPSE...
=3D97c82093988d0478aa5de9f81ce5b001

Cato
http://www.cato.org/tech/tk-index.html

Bunnie Riedel
http://www.riedelcommunications.blogspot.com/

--------------------------------------------------------------
Sleep well, Mr. Carson.
-------------------------------------------------------------

Benton's Communications-related Headlines for 1/21/05

We'll be in Ithaca next week checking out the Bombers (see story below).=20
For upcoming media policy events, see http://www.benton.org/calendar.htm

NEWS FROM FCC
After Michael Powell
Powell Pushes Against Paxson DTV Petition
Cox Seeks FCC Help in Retrans Row

OWNERSHIP
Lee, Gannett Are Favorites to Win Pulitzer Bidding
EchoStar to Buy Voom's Assets From Cablevision
Maybe Murdoch Doesn't Watch TV on Sunday Nights
Fate of Irish Cellphone Duopoly Rings in Europe

CONTENT
Creative Commons Brings Copyrights into the Digital Age
Yellow and Porous and Outed
When Bloggers Make News

INTERNET
Cable Broadband to Lose Out Against Telcos -- Survey
Internet Service Launched by Progressive Nonprofit

QUICKLY -- Benton Road Show; Happy New Year for Media Reform?; 2005 Policy=
=20
Forum & Susan G. Hadden Pioneer Awards

NEWS FROM FCC

AFTER MICHAEL POWELL
[Editorial] "You read it here first," the WSJ staff writes, FCC Chairman=20
Michael Powell will resign today. He did not always realize his=20
deregulatory goals -- mostly because he did not have the backing of the=20
White House that "never fully grasped telecom's potential to drive economic=
=20
growth." The resignation affords President Bush "an opportunity to=20
re-evaluate [his] stepchild treatment of telecom policy" as he picks a new=
=20
chairman. Will it be current Commissioner and former Bush aide Kevin=20
Martin? Other names mentioned for the post include Becky Klein, a former=20
head of the Texas Public Utility Commission; Michael Gallagher of the=20
National Telecommunications and Information Administration; Janice=20
Obuchowski, a telecom consultant who served in the Commerce Department=20
under the first President Bush; former Interstate Commerce Commission=20
Chairman Darius Gaskins; and former Federal Trade Commission Chairman Jim=20
Miller. "We hope the Administration hasn't taken him for granted and is up=
=20
to the challenge of a worthy replacement," the editorial ends.
[SOURCE: Wall Street Journal, AUTHOR: WSJ Editorial Staff]
http://online.wsj.com/article/0,,SB110627220789332234,00.html?mod=3Dtoda...
s_opinion
(requires subscription)

POWELL PUSHES AGAINST PAXSON DTV PETITION
What is FCC Chairman Michael Powell up to. On Wednesday, he asked fellow=20
Commissioners to vote against a petition for full digital carriage rights.=
=20
If two more Commissioners vote his way, broadcasters will lose on one of=20
their major policy priorities -- gaining must-carry rights for all digital=
=20
signals on cable systems. But three of his colleagues and Mass Media Bureau=
=20
Chief Ken Ferree have openly voiced sympathy for expanding digital carriage=
=20
rights. Is Powell just trying to pressure broadcasters into supporting his=
=20
plan to accelerate the transition to all-digital TV broadcasting? Only The=
=20
Shadow knows. On Thursday, the National Association of Broadcasters let it=
=20
be know that the lobbying group will continue to fight for multicast=20
must-carry rights -- in the name of the American people. The National Cable=
=20
& Telecommunications Association announced its support for Powell's=20
proposal. The issue of so-called multicast must-carry refers to the small=20
percentage of commercial TV stations that elect mandatory cable carriage.=20
All public stations are required to elect must-carry and, thus, would be=20
hurt the most by Powell=92s proposal. Commissioners Michael Copps and=20
Jonathan Adelstein are expected to back broadcasters, but not before the=20
FCC has adopted a range of public interest obligations for digital-TV=
stations.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA497870.html?display=3DBreakin...
ws&referral=3DSUPP
NAB, Powell at Odds on Multicasting
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA497962.html?display=3DBreaking+New...
ferral=3DSUPP
http://www.multichannel.com/article/CA497843.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

COX SEEKS FCC HELP IN RETRANS ROW
Claiming that it could wind up losing carriage of 19 TV stations in systems=
=20
with 595,000 subscribers if a retransmission-consent fight spreads, Cox=20
Communications asked the Federal Communications Commission to require two=20
broadcasters to sit down immediately and negotiate. In a 43-page emergency=
=20
complaint filed Thursday, Cox alleged that both Nexstar Broadcasting Group=
=20
and Mission Broadcasting are violating their legal duty to engage in=20
=93good-faith=94 efforts to reach retransmission-consent deals for several=
=20
stations that the broadcasters have pulled from the cable operator. The=20
petition also asks the FCC to take measures to restore Cox=92s carriage of=
=20
the two stations, which it already had to drop, =93pending resolution of all=
=20
issues between the parties.=94
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
http://www.multichannel.com/article/CA497915.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

OWNERSHIP

LEE, GANNETT ARE FAVORITES TO WIN PULITZER BIDDING
Gannett, Lee Enterprises and Stephens Group, an investment firm, appear to=
=20
be the leading candidates in an auction of Pulitzer, the owner of the=20
Arizona Daily Star, the St. Louis Post-Dispatch and a dozen other daily=20
newspapers. The deal could reach the $2 billion neighborhood. Gannett, with=
=20
a market capitalization of more than $20 billion, has ample financial=20
muscle to do a deal the size of Pulitzer's expected price tag. Gannett=20
Chief Executive Douglas H. McCorkindale has described Pulitzer as a good=20
fit for Gannett, the publisher of USA Today and 100 other newspapers. But=20
Gannett might have to sell some properties to get regulatory approval:=20
Gannett and Pulitzer are equal partners in a joint operating agreement that=
=20
shares profits from the Arizona Daily Star and the Tucson Citizen; and=20
Gannett owns a television station in St. Louis, KSDK, whose license expires=
=20
in February 2006 -- without a change in the FCC's newspaper-broadcast=20
ownership ban, the company would be forced to sell either the local paper=20
or TV station.
[SOURCE: Wall Street Journal, AUTHOR: Dennis K. Berman=20
dennis.berman( at )wsj.com and James Bandler james.bandler( at )wsj.com]
http://online.wsj.com/article/0,,SB110626917283632149,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

ECHOSTAR TO BUY VOOM'S ASSETS FROM CABLEVISION
Cablevision will shut down its Voom satellite service and sell most of the=
=20
assets of the money-losing business to EchoStar Communications for $200=20
million in cash. EchoStar will purchase Voom's only satellite, launched by=
=20
Cablevision in 2003, and other equipment. Cablevision will continue trying=
=20
to sell Voom's other assets, including valuable slots for satellites to=20
orbit, which could fetch tens of millions of additional dollars. But the=20
cable operator is unlikely to come close to recovering its investment in=20
the business, estimated at more than $500 million.
[SOURCE: Wall Street Journal, AUTHOR: Peter Grant peter.grant( at )wsj.com and=20
Andy Pasztor andy.pasztor( at )wsj.com]
http://online.wsj.com/article/0,,SB110626286893131967,00.html?mod=3Dtoda...
s_page_one
(requires subscription)
See also:
http://www.nytimes.com/2005/01/21/business/media/21voom.html

MAYBE MURDOCH DOESN'T WATCH TV ON SUNDAY NIGHTS
[Commentary] Is Rupert Murdoch watching his own network? Why is he allowing=
=20
an artistically compelling ratings sinkhole to subvert his political agenda=
=20
on a weekly basis? Chait tells why "Arrested Development" is the funniest=20
show on TV and wonders if... "Maybe Murdoch isn't as grand or as evil as=20
liberals believe. Maybe he likes lowbrow fare and noxious right-wing=20
populism but he doesn't insist that it permeate every corner of his empire.=
=20
Maybe he doesn't want to be Citizen Kane after all."
[SOURCE: Los Angeles Times, AUTHOR: Jonathan Chait]
http://www.latimes.com/news/printedition/opinion/la-oe-chait21jan21,1,19...
0.column?coll=3Dla-news-comment
(requires registration)

FATE OF IRISH CELLPHONE DUOPOLY RINGS IN EUROPE
Ireland's regulators found that Vodafone and mmO2 control 94% of its mobile=
=20
market, and that their revenue per customer is 50% higher than the European=
=20
Union average. The regulators then issued a proposal -- dependent on the=20
European Commission's approval -- that the companies open their networks to=
=20
competitors, which would be allowed to purchase and then resell airtime.=20
The EC has now decided to back the Irish regulators' proposal which, in=20
turn, should make it easier for regulators in other EU countries to=20
challenge collective dominance and force open their cellphone markets.
[SOURCE: Wall Street Journal, AUTHOR: Mary Jacoby mary.jacoby( at )wsj.com and=20
David Pringle david.pringle( at )wsj.com ]
http://online.wsj.com/article/0,,SB110625998127531886,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

CONTENT

CREATIVE COMMONS BRINGS COPYRIGHTS INTO THE DIGITAL AGE
Creative Commons, established in 2001, is based at Stanford University,=20
where it shares "space, staff and inspiration" with the Stanford Law School=
=20
Center for Internet and Society. This non-profit organization is dedicated=
=20
to building an alternative framework for copyright protection. A Creative=20
Commons license, which allows the creator of original work to specify how=20
it can be used, is both more faithful to the purpose of copyright than=20
current law and better suited to the realities of a digital age. Find out=20
how it works at the URL below.
[SOURCE: Online Journalism Review, AUTHOR: Linda Seebach]
http://www.ojr.org/ojr/stories/050120seebach/

YELLOW AND POROUS AND OUTED
[Editorial] Forget prime-time raunchiness =97 Janet Jackson or Nicollette=20
Sheridanon "Monday Night Football." The real threat lurks in the morning=20
cartoons. SpongeBob SquarePants is gay. You think your small children, who=
=20
may be glued to the TV set this morning, were just enthralled by a talking=
=20
yellow sponge in suit pants. You'd be wrong. Actually, they are being=20
brainwashed by a vast network of gay cartoon characters bent on destroying=
=20
civilization as we know it. SpongeBob holds hands with his starfish pal=20
Patrick, and likes to watch the imaginary television show "The Adventures=20
of Mermaid Man and Barnacle Boy." Evidence enough, for conservative=20
Christian groups at any rate, that the guy's a menace. Bob also appears in=
=20
a video about multiculturalism. Of course, one person's definition of=20
tolerance is another's "pro-homosexual" agenda. A homosexuality detection=20
expert at the conservative Family Research Council called words like=20
"tolerance" and "diversity" part of a "coded language that is regularly=20
used by the homosexual community."
[SOURCE: Los Angeles Times, AUTHOR: Editorial Staff]
http://www.latimes.com/news/printedition/opinion/la-ed-sponge21jan21,1,2...
28.story?coll=3Dla-news-comment
(requires registration)

WHEN BLOGGERS MAKE NEWS
At Harvard University this weekend, a small group of journalists, bloggers=
=20
and media thinkers are gathering in a conference, "Blogging, Journalism &=20
Credibility" to kick around the idea of a blogging code of ethics. Should=20
bloggers disclose their sources of income? Do journalists who also blog=20
face conflicting standards? some are asking: what are the rules of the=20
road? There is no exam to pass or society to join to become a blogger --=20
anybody can set up a "Web log" to publish his or her ideas. Some bloggers=20
don't want to be limited to the traditional notions of journalism.=20
"Bloggers should reject the traditional idea of objectivity," says Mickey=20
Kaus, a former New Republic and Newsweek writer whose blog Kausfiles=20
appears on Slate.com. "One of the virtues of blogging is that it's not=20
subject to the professional and bureaucratic restrictions of big media."=20
Mr. Kaus says a formal code isn't needed -- just honesty. He adds: "The=20
point of blogging is to say what you actually think -- opinion, not the=20
traditional ideal of journalism." Indeed, many bloggers see the blogosphere=
=20
-- a term some find ridiculous, by the way -- as a vast, open forum in=20
which many perspectives can coexist to create an overall picture that's=20
more accurate than the mainstream media.
[SOURCE: Wall Street Journal, AUTHOR: Jessica Mintz jessica.mintz( at )wsj.com]
http://online.wsj.com/article/0,,SB110626272888531958,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)
Learn more about the conference at:
http://cyber.law.harvard.edu/webcred/

INTERNET

CABLE BROADBAND TO LOSE OUT AGAINST TELCOS -- SURVEY
A Forrester Research survey concludes that Europeans will get their=20
broadband Internet connections mainly through upgraded phone networks by=20
2010, while cable television operators will see their market share decline=
=20
to 15%. Forrester predicts that 41% of European households with have=20
broadband access by 2010. The Netherlands will top the 2010 country charts=
=20
with 54 percent penetration, Forrester predicts. Europe's big economies=20
Germany, Britain, France and Italy will see penetration between 35 percent=
=20
and 45 percent due to a mix of lower overall online penetration and higher=
=20
broadband prices. Portugal, Greece, and Ireland continue to lag with=20
penetration between 17 percent in Greece to 34 percent in Portugal.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DZTEV2BST0F05WCRBAE...
A?type=3DtechnologyNews&storyID=3D7383280

INTERNET SERVICE LAUNCHED BY PROGRESSIVE NONPROFIT
A nonprofit nationwide Internet service has been launched to serve dial-up=
=20
Internet users who support media reform and the creation of a vigorous=20
independent media. Marketed under the name IndyLink, the service is aimed=20
at value-conscious Internet users who also want to avoid the commercial=20
clutter and privacy risks of corporate services. IndyLink is a service of=
=20
the North Carolina-based nonprofit Mountain Area Information Network=20
(MAIN), which has been providing dial-up Internet access since 1996.
[SOURCE: IndyLink Press Release]
http://www.indylink.org/

QUICKLY

Benton Foundation Leaders to Visit Ithaca College to Discuss Communications=
=20
and the Public Interest
Benton Foundation Chairman Charles Benton and former Clinton White House=20
Advisor Jim Kohlenberger will visit Ithaca College next week to lead public=
=20
discussions on US media policy. They will be joined remotely by fellow=20
media activists Harold Feld of the Media Access Project, Celia Viggo Wexler=
=20
of Common Cause and Free Press co-founder Josh Silver. In addition to their=
=20
public events, Benton and Kohlenberger will take part in a series of=20
informal meetings with faculty and students to spur interest in the issues=
=20
of media and policy in the digital age. The activities are part of the=20
College's yearlong lecture and film series, "Engaging Democracy and=20
Troubling the Water."
[SOURCE: Ithaca College Press Release]
http://www.ithaca.edu/news/article.php?id=3D1603

Happy New Year for Media Reform?
The January edition of CCVM's newsletter is now available online. Jonathan=
=20
Rintels explains why media advocates can be hopeful for the reform movement.
[SOURCE: Center for Creative Voices in Media]
http://www.creativevoices.us/cgi-upload/news/news_article/0105Newsletter...

2005 Policy Forum & Susan G. Hadden Pioneer Awards Luncheon is Friday,=20
February 11, 2005 at the National Press Club.
[SOURCE: Alliance for Public Technology]
www.apt.org
--------------------------------------------------------------
...and we are outta here. See you Monday and Friday next week. Go Bombers!
--------------------------------------------------------------
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 1/20/05

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

MEDIA
Report Acknowledges Inaccuracies in 2004 Exit Polls
Will the Inaugural Protests Be Covered?
PR Firm Admits Pundit's Deal Broke Rules
FCC Boss Opposes Broadcasters on Digital Multicast
Conservatives Pick Soft Target: A Cartoon Sponge
Media Leadership Nears Changing of the Guard
Katie Couric, CBS Anchor? It's Like Night And 'Today'

TELECOM
Rural Phone Service Fund Under Siege
Cell Tower Case Beamed to High Court

INTERNET
Internet and Phone Companies Plot Wireless-Broadband Push
Firms Bid to Control .net Addresses
How Seniors Use the Internet for Health

PRIVACY/PROPERTY
In Age of Security, Firm Mines Wealth Of Personal Data
Electronics Firms Form Digital Media Rights Accord

MEDIA

REPORT ACKNOWLEDGES INACCURACIES IN 2004 EXIT POLLS
A report from Joe Lenski of Edison Media Research and Warren Mitofsky of=20
Mitofsky International on exit polling on election day finds that: 1)=20
Interviewing for the 2004 exit polls was the most inaccurate of any in the=
=20
past five presidential elections as procedural problems compounded by the=20
refusal of large numbers of Republican voters to be surveyed; 2) the flaws=
=20
did not produce a single incorrect projection of the winner in a state on=20
election night, but "there were 26 states in which the estimates produced=20
by the exit poll data overstated the vote for John Kerry . . . and there=20
were four states in which the exit poll estimates overstated the vote for=20
George W. Bush;" 3) the analysis found no evidence of fraud resulting from=
=20
the rigging of voting equipment. Their investigation identified other=20
factors that contributed to errors in the 2004 exit polls. Interviewing in=
=20
precincts where polltakers were required to stand farther away from the=20
polls were less accurate than those where interviewers had easier access to=
=20
voters leaving the polling places. Poor weather conditions also pushed down=
=20
cooperation rates. They suspected that there were more young people working=
=20
as interviewers in 2004, which they said was another potential source of=20
error. Adding to the confusion, programming errors were discovered and=20
corrected in the afternoon of Election Day, and a technical problem=20
severely disrupted access to the system for nearly two hours late on=20
election night.
[SOURCE: Washington Post, AUTHOR: Richard Morin and Claudia Deane]
http://www.washingtonpost.com/wp-dyn/articles/A22188-2005Jan19.html
(requires registration)
Also see:
USA Today
http://www.usatoday.com/printedition/news/20050120/1a_offlede20.art.htm
http://www.usatoday.com/printedition/news/20050120/edtwo20.art.htm
NY Times
http://www.nytimes.com/2005/01/20/politics/20exit.html

WILL THE INAUGURAL PROTESTS BE COVERED
[Commentary] In 2001, the media largely ignored the biggest inaugural=20
protest in history. Will it do so again today?
[SOURCE: MediaChannel.org, AUTHOR: Danny Schechter]
http://www.mediachannel.org/views/dissector/affalert315.shtml

PR FIRM ADMITS PUNDIT'S DEAL BROKE RULES
The public relations firm that arranged for pundit Armstrong Williams to=20
promote the Bush administration's No Child Left Behind education program=20
admitted Wednesday that the deal with Williams violated =93the guidelines of=
=20
our agency and our industry.=94
[SOURCE: USAToday, AUTHOR: Mark Memmott and Greg Toppo]
http://www.usatoday.com/printedition/news/20050120/a_williams20.art.htm
Also in --
NY Times
http://www.nytimes.com/2005/01/20/business/media/20ketchum.html

FCC BOSS OPPOSES BROADCASTERS ON DIGITAL MULTICAST
FCC Chairman Michael Powell has proposed rejecting a request that cable=20
companies be required to carry all the digital signals offered by a=20
broadcast television station. In 2001, the FCC ruled that cable had to=20
carry the digital television signal but it only had to carry one video=20
stream of the broadcaster's choosing. Paxson Communications Corp. and=20
others petitioned the agency to reconsider. Chairman Powell has circulated=
=20
a proposal that would uphold that decision and has scheduled to complete=20
the voting at the FCC's next open meeting on Feb. 10. However, he could=20
modify or withdraw the proposal at any time and he must convince two of the=
=20
four other FCC commissioners to support the item.
[SOURCE: Reuters, AUTHOR: Jeremy Pelofsky]
http://www.reuters.com/newsArticle.jhtml?type=3DindustryNews&storyID=3D7...
85

CONSERVATIVES PICK SOFT TARGET: A CARTOON SPONGE
As Karen Menichelli'll tell ya, kids and grown-ups alike adore Sponge Bob=20
Squarepants. But the loveable little cartoon character is the newest target=
=20
for conservative Christians. It may have something to do with Bob becoming=
=20
a well-known camp figure among adult gay men, perhaps because he holds=20
hands with his animated sidekick Patrick and likes to watch the imaginary=20
television show "The Adventures of Mermaid Man and Barnacle Boy." bob also=
=20
appears is a music video that teaches children about multiculturalism.
[SOURCE: New York Times, AUTHOR: David Kirkpatrick]
http://www.nytimes.com/2005/01/20/politics/20sponge.html
(requires registration)

MEDIA LEADERSHIP NEARS CHANGING OF THE GUARD
Some of the top executives who shaped business and popular culture in the=20
past 20 years or so as they built entertainment behemoths are preparing to=
=20
move on. The ripples are likely to alter everything from corporate customs=
=20
to the movies, TV shows, music, publications and technologies that the=20
companies promote. On the way out are Eisner, Redstone, and, perhaps,=20
Murdoch. The next generation of leaders includes Iger, Freston, Moonves,=20
Chernin and another Murdoch. One thing that seems certain about the=20
generation that's preparing to move up is that it probably won't put as=20
vivid a stamp on media or culture as the current crop of larger-than-life=20
CEOs have. Most in the new class succeeded by working within the system,=20
not by shaking it up. Most cut their teeth in traditional media,=20
particularly broadcast and cable TV. And most are white men. Additionally=20
they all seem 1) less prone to cutthroat competition, 2) more fiscally=20
restrained, 3) more prone to delegation and decentralized decision making,=
=20
and 4) more comfortable, but not entranced by technology.
[SOURCE: USAToday, AUTHOR: David Lieberman]
http://www.usatoday.com/printedition/money/20050120/mediabench.art.htm
http://www.usatoday.com/printedition/money/20050120/b_mediabench_chart20...
.htm

KATIE COURIC, CBS ANCHOR? IT'S LIKE NIGHT AND 'TODAY'
[Commentary] More on the fallout of Memogate and the plans of Viacom's Les=
=20
Moonves to revamp CBS News after anchor Dan Rather departs. The Memogate=20
story isn't over by a long shot. Joe Hagan reported yesterday in the New=20
York Observer that producer Mary Mapes, considered most responsible for the=
=20
Sept. 8 report -- on George W. Bush's service in the Texas Air National=20
Guard during the Vietnam War -- issued a statement insisting she had done=20
"nothing wrong" in preparing it. The three other staff members, told by CBS=
=20
to resign, have so far declined to do so, Hagan reported, and are=20
considering "legal action" against CBS News.
[SOURCE: Washington Post, AUTHOR: Tom Shales]
http://www.washingtonpost.com/wp-dyn/articles/A22649-2005Jan19.html
(requires registration)

TELECOM

RURAL PHONE SERVICE FUND UNDER SIEGE
The federal universal service fund, which makes telephone service in rural=
=20
areas more affordable, is under siege from critics who say it amounts to an=
=20
unwarranted windfall for wireless companies. The$3.5 billion fund, financed=
=20
by a 10.7% fee on every long-distance bill, goes mostly to rural phone=20
incumbents to keep basic home service affordable. That's because it's=20
costly for companies to string wires to rural areas with few customers. But=
=20
to spur competition, the 1996 Telecommunications Act also lets the=20
incumbents' rivals =97 most of which are wireless carriers =97 receive some=
of=20
the money if state or federal officials find it's in the public interest.=20
The sum received by wireless providers soared to about $230 million last=20
year, from $2.6 million in 2000. Rural phone companies complain that those=
=20
payments are unnecessary and a big reason the fund is under strain. The FCC=
=20
is listening. It's set to rule next month on a proposal that could sharply=
=20
cut universal-service funding for wireless providers.
[SOURCE: USAToday, AUTHOR:Paul Davidson]
http://www.usatoday.com/printedition/money/20050120/ruralfund20.art.htm

CELL TOWER CASE BEAMED TO HIGH COURT
In the last decade, 140,000 cell towers have sprouted up around the nation,=
=20
the cellphone industry says, and more are needed to eliminate "dead spots."=
=20
But in many cities, officials contend the towers are unsightly. And, on=20
occasion, officials have blocked wireless phone companies from erecting=20
more towers. On Wednesday, the Supreme Court took up a case to decide=20
whether cities can be sued in federal court and forced to pay damages if=20
they stand in the way of creating a wireless phone network. The outcome of=
=20
the legal battle could affect communities across the nation. The court's=20
decision would give either city officials or wireless companies the upper=20
hand in disputes over the building and location of towers.
[SOURCE: Los Angeles Times, AUTHOR: David G. Savage]
http://www.latimes.com/news/printedition/asection/la-na-scotus20jan20,1,...
374.story?coll=3Dla-news-a_section
(requires registration)

INTERNET

INTERNET AND PHONE COMPANIES PLOT WIRELESS-BROADBAND PUSH
Several big Internet and phone companies are moving to provide wireless=20
high-speed access to the Internet. If successful, these efforts have the=20
potential to yet again shift the balance of power in the rapidly changing=20
U.S. telecommunications industry, giving consumers a potentially cheaper=20
and more flexible alternative to phone and cable lines for Internet access=
=20
and many other services. More competition could be introduced to the=20
broadband market and given relatively cheap deployment, could mean lower=20
prices and more options for consumers and businesses.
[SOURCE: Wall Street Journal, AUTHOR: Jesse Drucker jesse.drucker( at )wsj.com=20
and Almar Latour almar.latour( at )wsj.com]
http://online.wsj.com/article/0,,SB110617646006230682,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

FIRMS BID TO CONTROL .NET ADDRESSES
The bidding is closed as now the Internet Corporation for Assigned Names=20
and Numbers (ICANN) will review proposals and choose the next administrator=
=20
of the .net Internet domain. A domain operator's job is to maintain the=20
registry containing information that Internet switching systems need to=20
direct traffic to intended recipients. If the .net list had errors or=20
became unavailable, parts of the Internet could become inaccessible. The=20
.net domain facilitates $700 billion annually in Internet commerce and the=
=20
winning applicant will take in roughly $30 million a year in registration=
fees.
[SOURCE: Washington Post, AUTHOR: ]
http://www.washingtonpost.com/wp-dyn/articles/A22605-2005Jan19.html
(requires registration)
See commentary at News.com:
http://news.com.com/Why+we+should+get+to+operate+.net/2008-1028_3-554230...
ml?tag=3Dnefd.ac

HOW SENIORS USE THE INTERNET FOR HEALTH
A national Kaiser Family Foundation survey of older Americans found that as=
=20
the Internet becomes an increasingly important resource for informing=20
decisions about health and health care options, less than a third (31%) of=
=20
seniors (age 65 and older) have ever gone online, but that more than=20
two-thirds (70%) of the next generation of seniors (50-64 year-olds) have=20
done so. The differences among seniors and 50-64 year-olds are striking and=
=20
indicate that online resources for health information may soon play a much=
=20
larger role among older Americans. Twenty-one percent of seniors have gone=
=20
online to look for health information compared to 53% of 50-64 year-olds;=20
8% of seniors get "a lot" of health information online compared to 24% of=20
50-64 year-olds; the Internet is 5th on a list of media sources of health=20
information for seniors compared to first among 50-64 year-olds; and 26% of=
=20
seniors trust the Internet =93a lot=94 or =93some=94 to provide accurate=
health=20
information, compared to 58% of 50-64 year-olds. The survey is a nationally=
=20
representative, random digit dial telephone survey of 1,450 adults age 50=20
and older, including 583 respondents age 65 and older.
[SOURCE: Kaiser Family Foundation]
http://www.kff.org/entmedia/entmedia011205pkg.cfm

PRIVACY/PROPERTY

IN AGE OF SECURITY, FIRM MINES WEALTH OF PERSONAL DATA
It began in 1997 as a company that sold credit data to the insurance=20
industry. But over the next seven years, as it acquired dozens of other=20
companies, ChoicePoint Inc. became an all-purpose commercial source of=20
personal information about Americans, with billions of details about their=
=20
homes, cars, relatives, criminal records and other aspects of their lives.=
=20
Now the little-known information industry giant is transforming itself into=
=20
a private intelligence service for national security and law enforcement=20
tasks. ChoicePoint and other private companies increasingly occupy a=20
special place in homeland security and crime-fighting efforts, in part=20
because they can compile information and use it in ways government=20
officials sometimes cannot because of privacy and information laws. No,=20
dear, that's not Jack Frost you fell -- its the chill of lost privacy. See=
=20
the URL below.
[SOURCE: Washington Post, AUTHOR: Robert O'Harrow Jr]
http://www.washingtonpost.com/wp-dyn/articles/A22269-2005Jan19.html
(requires registration)

ELECTRONICS FIRMS FORM DIGITAL MEDIA RIGHTS ACCORD
The world's four biggest consumer electronics companies have agreed to=20
start using a common method to protect digital music and video against=20
piracy and illegal copying. Japan's Sony and Panasonic-brand owner=20
Matsushita Electric Industrial, South Korea's Samsung Electronics and Dutch=
=20
Philips Electronics formed the alliance because they want buyers of their=20
products to watch or listen to "appropriately licensed video and music on=20
any device, independent of how they originally obtained that content," they=
=20
said in a joint statement.
[SOURCE: Reuters, AUTHOR: Lucas van Grinsven]
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D7...
38
See also
Bertelsmann Settles With Small Music Company in Suit Over Napster
http://www.nytimes.com/2005/01/20/business/media/20napster.html
--------------------------------------------------------------
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 1/19/05

Even though tomorrow is a national Republican holiday, we'll be back...
promise.

TELEVISION
Stakes Higher in Battle Over TV Indecency
EchoStar Questions DirecTV's Local HD
Can NBC Universal Measure Up?
CBS Plans to Change Evening News Format
Cox to File FCC Complaint vs. Nexstar

COMPUTER NETWORKS
NCTA Takes Aim at Brand X
Road Map to a Digital System of Health Records

QUICKLY -- Report on exit polls to be released this week; Sen. Wants to
See Fed Ad Budgets; FCC Consent Decree Announced; Blockbuster Considering
New Bid for Rival Chain; FBI Retires Carnivore; Verizon's Spam Policy
Criticized; Telemarketing Alliance Enters India; 'Phishing' Scams Spread; 2
Plead Guilty in Piracy Case; Americans on Trial in China In Piracy Case

TELEVISION

STAKES HIGHER IN BATTLE OVER TV INDECENCY
FCC Chairman Michael Powell says the Commission will make a priority of
enforcing indecency rules. The issue has gained a special appeal to
politicians, who know it is an important issue for some voters. And the
complaints keep rolling in. Commission statistics show that radio and
broadcast and cable TV complaints have escalated astronomically, from 111
in 2000 to 1,068,802 in 2004. With the exception of the half-million Super
Bowl protests, 99.9 percent of them have come from the Parents Television
Council, which says it has more than one million members. The council hires
people to watch everything that's broadcast in prime time, and a lot of
cable programming, too, taking note of what they consider offensive
occurrences. Higher-ups determine whether the incidents are worth a fuss,
and then the call goes out to the membership, which protests not only to
the FCC but also to advertisers. Advertisers are leery, but few have
shifted strategies in a culture that frequently rewards the edgy show while
it is being vilified. Producers seem most insulated, basically going about
their business, while the networks that buy their shows fret. Station
owners may be the most nervous, after an apparently precedent-setting
decision in which the FCC fined all Fox stations that aired a network
showed deemed indecent.
[SOURCE: Knight Ridder, AUTHOR: Jonathan Storm]
http://www.montereyherald.com/mld/montereyherald/living/10664978.htm
See the Center for Creative Voices blog for some of the effects of the
FCC's stepped-up enforcement:
http://creativevoices.typepad.com/blog/

ECHOSTAR QUESTIONS DIRECTV'S LOCAL HD
In a Jan. 14 filing to the FCC, EchoStar attorneys also claimed that
DirecTV's plans to offer hundreds of high-definition, digital television
signals does not justify the Commission forcing EchoStar to do the same
thing. EchoStar argued that DirecTV's plan to provide 1,500 TV stations in
HDTV in 2007 rests on the use of four Ka-band satellites, which are
susceptible to rain fade "in large regions of the country" and remain
"relatively untested for direct-to-home video delivery." EchoStar added
that in addition to rain-fade problems, DirecTV's new Ka-band satellites
will share spectrum with terrestrial microwave services, perhaps limiting
delivery of HD services on a scale not envisioned by DirecTV. EchoStar also
used the filing to warn the FCC that requiring carriage of local TV
stations in HD format would eat up channel capacity, forcing it to abandon
some local markets or to bump channels that it already provides.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA497246.html?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

CAN NBC UNIVERSAL MEASURE UP?
GE said in a report to investors last year that it viewed media as a major
catalyst for industrial growth and that it wanted to build a "major scale"
media business. If the company is going to be "world's best content
company," it will need to make an acquisition or two. But what's left to
buy for a multinational media conglomerate? One possible partner is Time
Warner. NBC Universal would benefit from Time Warner's immense library of
programming. And Time Warner, which lacks a national distribution system as
powerful as those of Viacom, CBS, and News Corp.'s Fox and DirecTV, would
benefit from NBC's national network of TV stations. Time Warner's cable
operations have only 10.9 million subscribers nationwide. Satellite
operator EchoStar, with some 10.4 million subscribers and a national
footprint, would also be a good strategic fit for NBC Universal. However,
that combination would be very expensive. If no huge deals like this are
available, GE will have to consider smaller, strategic ones. The challenge
is finding companies that are willing to sell such properties.
[SOURCE: BusinessWeek, AUTHOR: Steve Rosenbush]
http://www.businessweek.com/technology/content/jan2005/tc20050118_9579_t...

CBS PLANS TO CHANGE EVENING NEWS FORMAT
Still responding to Memogate, Viacom's Les Moonves told TV critics that CBS
is considering a major shake-up of its presentation of the news as it plans
for anchor Dan Rather's departure. That appears to include employing
multiple anchors and, perhaps, a role for fake news anchor Jon Stewart of
Comedy Central. CBS News has been in third place in the evening news for
years. Moonves said CBS would try to use the opportunity to attract younger
viewers who tend not to watch network news in large numbers. CBS has always
had an older audience across the board than its rivals, but under Mr.
Moonves's leadership, the network has surged to the lead in entertainment
programming this year in the audience group favored by many advertisers,
18-to-49-year-old adults.
[SOURCE: New York Times, AUTHOR: Bill Carter & Jacques Steinberg]
http://www.nytimes.com/2005/01/19/arts/television/19cbs.html
(requires registration)

COX TO FILE FCC COMPLAINT VS. NEXSTAR
In the midst of a nearly three-week-long retransmission-consent dispute
with Nexstar Broadcasting Group, Cox Communications today plans to file a
complaint with the FCC claiming Nexstar is not negotiating in good faith.
Nexstar, seeking cash for carriage for its TV stations, has been in a
retransmission-consent battle with both Cox and Cable One, pulling signals
for several of its stations from both cable operators effective Jan. 1.
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
http://www.multichannel.com/article/CA497364.html?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

COMPUTER NETWORKS

NCTA TAKES AIM AT BRAND X
On Tuesday the National Cable & Telecommunications Association (NCTA),
along with cable operators Time Warner, Cox and Charter filed a brief with
the U.S. Supreme Court in the "Brand X" case regarding the appropriate
classification of cable's Internet services for regulatory purposes. They
argue that the Ninth Circuit Court disregarded long-established case law
when it overturned the FCC in the case and ordered cable operators to
carry rival Internet-service providers over their broadband networks. Court
doctrine requires judges to defer to "expert federal agencies" like the FCC
when they implement statutes that don't provide clear direction on all
legal questions. The main question before the justices is whether the FCC's
"hands-off for now" classification of cable Internet services is
reasonable. "The answer is clearly yes," wrote attorneys for the National
Cable & Telecommunications Association.
[SOURCE: Broadcasting&Cable, AUTHOR: ]
http://www.broadcastingcable.com/article/CA497362?display=Breaking+News&...
http://www.multichannel.com/article/CA497357.html?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
See the court filing at:
http://www.ncta.com/press/press.cfm?PRid=568&showArticles=ok

ROAD MAP TO A DIGITAL SYSTEM OF HEALTH RECORDS
Converting to digital records, health authorities agree, would reduce
medical errors and improve efficiency, saving both lives and dollars. But
how do we get from where we are -- a fragmented health system from paper
records and prescriptions -- to where we want to be -- information on a
patient inside a doctor's office being sent freely to hospitals,
laboratories, specialists, insurers and researchers. Yesterday, a group of
13 health and information technology organizations gave the Bush
administration its recommendations for just such a road map for a national
health information network. The group's report suggesting the principles
that should guide the creation of such a network made an emphatic call for
open, nonproprietary technical standards for communication across the
network. The federal government, the report says, should guide the
development of a health network with a light hand by providing some initial
financing and endorsing basic technical standards, but should set up a
separate "standards and policy entity" to handle the task.
[SOURCE: New York Times, AUTHOR: Steve Lohr]
http://www.nytimes.com/2005/01/19/technology/19health.html
(requires registration)

QUICKLY

MEDIA GROUP SAYS REPORT ON EXIT POLLS WILL BE PUBLIC
Pollsters Warren Mitofsky and Joseph Lenski have some 'splaining to do.
What went wrong with the exit polls on Election Day? On Tuesday, a
representative of the media companies that have received the report pledged
full disclosure by Friday.
[SOURCE: USAToday, AUTHOR: Mark Memmott]
http://www.usatoday.com/printedition/news/20050119/a_media19.art.htm

HARKIN WANTS TO SEE FED AD BUDGETS
Sen Tom Harkin (D-IA) plans to introduce a bill requiring all federal
agencies to report their ad budgets to Congress and to include a disclosure
in those ads that the spot is being paid for with taxpayer money.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA497385?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

FCC CONSENT DECREE ANNOUNCED
The FCC and Radio & Investments Inc have entered into an agreement in which
the company will pay a $20,000 fine and agrees that it engaged in an
unauthorized transfer of control of two Franklin (LA) radio stations.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-106A1.doc

BLOCKBUSTER CONSIDERING NEW BID FOR RIVAL CHAIN
You eat him? No, I eat him. Even though Hollywood Entertainment last week
to be purchased by Movie Gallery for about $850 million, Blockbuster, the
nation's largest movie-rental chain, confirmed Tuesday that it was still
interested in buying the rival chain.
[SOURCE: Los Angeles Times, AUTHOR:]
http://www.latimes.com/business/printedition/la-fi-blockbuster19jan19,1,...
(requires registration)

FBI RETIRES CONTROVERSIAL E-MAIL SURVEILLANCE TOOL
The FBI has all but retired its controversial e-mail wiretap system
formerly known as Carnivore, turning instead to commercially available
software, according to two recently released reports to Congress. FBI
agents, after receiving a court warrant, install Carnivore on the suspect's
Internet service provider and filter out his e-mail messages, Web browsing
activities and other online communications. (Does it make you feel better
that the system has been replaced by commercially-available software?)
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml?type=internetNews&storyID=7363057

VERIZON'S SPAM POLICY CRITICIZED
In its effort to reduce unsolicited e-mail, spam, for its DSL customers,
Verizon may have been a bit overzealous, blocking all email from
geographical regions were spammers operate. The move has resulted in
legitimate inbound e-mail from Europe and Asia being blocked, damaging some
people's businesses.
[SOURCE: Washington Post, AUTHOR: Jonathan Krim]
http://www.washingtonpost.com/wp-dyn/articles/A19567-2005Jan18.html
(requires registration)

TELEMARKETING ALLIANCE ENTERS INDIA
The American Teleservices Association is opening its first international
office -- in India. The group represents 550 domestic corporate members
which include the nation's major call centers. A growing number of
American and foreign firms are operating abroad. The group will provide
educational information to show telemarketers how to comply with state and
federal laws, including the federal government's National Do Not Call Registry.
[SOURCE: Washington Post, AUTHOR: Caroline E. Mayer]
http://www.washingtonpost.com/wp-dyn/articles/A19568-2005Jan18.html
(requires registration)

DESPITE EFFORTS TO CONTAIN THEM, 'PHISHING' SCAMS SPREAD
"Phishing" scams -- those phony e-mail messages demanding that recipients
verify their financial data by clicking a link to log into a fake version
of their bank or credit card issuer's site -- are not going away. The
number of online financial scams grew dramatically in fall 2004, according
to the Anti-Phishing Working Group and other security experts. Learn how
phishing and "carding" are done at the URL below.
[SOURCE: Washington Post, AUTHOR: Brian Krebs]
http://www.washingtonpost.com/wp-dyn/articles/A19511-2005Jan18.html
(requires registration)

2 PLEAD GUILTY IN PIRACY CASE
The Justice Department said Tuesday that two men had pleaded guilty to
violating copyrights on peer-to-peer networks, marking the first federal
criminal convictions for file sharing. The men were part of a loosely
organized file-sharing community called the Underground Network. According
to the Justice Department, the men each operated an online hub that let
people exchange video games, computer programs, and digital music and movie
files. Denizens of the Underground Network use a type of file-sharing
software called Direct Connect, which lets them copy files from each
other's computers.
[SOURCE: Los Angeles Times, AUTHOR: Jon Healey]
http://www.latimes.com/business/printedition/la-fi-piracy19jan19,1,59124...
(requires registration)

AMERICANS ON TRIAL IN CHINA IN PIRACY CASE
US Secretary of Commerce Donald Evans recently visited China asking the
country to step-up efforts to curb piracy of intellectual property. Now two
US citizens accused of selling about $1 million of movies online are on
trial with two alleged Chinese accomplices. The group on trial is suspected
of using the Internet to sell more than 180,000 counterfeit DVDs to buyers
in 25 countries.
[SOURCE: Wall Street Journal, AUTHOR: Associated Press]
http://online.wsj.com/article/0,,SB110610188112729826,00.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 1/18/05

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

Due to technical difficulties, we were unable to post Headlines on Friday
January 14. We begin today's Headlines with quick recaps of the stories we
were reading last week and follow with today's top stories.

NEWS FROM LAST WEEK -- Reports from Thursday's FCC Meeting and more

MEDIA
Media's Legislative Outlook
Is Communications Consolidation Hurting Democracy?
Looking for New Ways to Make Viewers Pay
Firms Fear Backlash From Williams Case

TELECOM POLICY
Phone Companies Push Telecom Overhaul
Telco Rewrite on Fast -- and Slow -- Track
Jury Is Still Out on Driver-Cellphone Laws
Hospitals Ease Cellphone Bans

QUICKLY -- FCC Rejects Objection to Low Power Radio; Report on Comcast
Rates; Measuring Literacy in a World Gone Digital; Fox's Bottom Line;
Challengers Vie to Run .Net; Fuji TV to Launch Radio Bid; Intelsat Loses
Use of Satellite

NEWS FROM LAST WEEK

* The FCC held an open meeting last Thursday with presentations by senior
agency officials regarding implementations of the agency's strategic plan
and a comprehensive review of the Commission's policies and procedures.
Media Bureau Chief Ken Ferree said his staff has wrapped up its
recommendation for speeding the transition to all-digital TV broadcasting.
All he needs to present it to the five FCC commissioners for their review
is the go-ahead from Chairman Michael Powell. The FCC is eager to end the
DTV switch and turn over reclaimed TV channels to local emergency
departments and auction others to wireless companies. Ferree said the plan
could include a recommendation on whether broadcasters would be entitled to
cable carriage of the six or so channels they would be able to offer in
digital, but it would be Powell's decision to include that provision or
request a vote on the measure separately.
[See
http://www.broadcastingcable.com/article/CA496073?display=Breaking+News&...
or
http://www.multichannel.com/article/CA496089.html?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

* Commissioners Michael Copps and Jonathan Adelstein asked about
proceedings on localism, broadcasters' public interest obligations and
disclosure. Ferree answered that the proceedings on disclosure and public
interest obligations should reach the Chairman's office for review and
circulation soon. [Thanks to New America Foundation's Jim Snider for this
news.]

* Also at the same meeting, Commissioner Adelstein urged the FCC's
Enforcement Bureau to investigate the Armstrong Williams pay-for-play
scandal, saying that payola is "alive and well" and on the rise. Adelstein
pointed out that FCC rules require anyone who is paid to broadcast
information to disclose that fact to the licensee.
http://www.broadcastingcable.com/article/CA496030.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

* Media activist organization Free Press is asking both the FCC and
Congress to investigate the Armstrong Williams situation. Free Press has
sent 12,500 complaints about the incident to the FCC and plans to share
them with Members of Congress.
http://www.broadcastingcable.com/article/CA496076?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

* On Friday, FCC Chairman Michael Powell officially asked the Commission's
Enforcement Bureau to open an investigation into the Williams-payola affair.
http://www.broadcastingcable.com/article/CA496807?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256115A1.pdf
See also: http://www.radioink.com/HeadlineEntry.asp?hid=126770&pt=todaysnews

* President Bush said Thursday, "There needs to be a clear distinction
between journalism and advocacy." We need "to take a good look and make
sure this kind of thing doesn't happen again."
http://www.usatoday.com/news/washington/2005-01-13-bush-williams_x.htm

* And finally... FCC Staff Changes
FCC Chairman Michael Powell announced that FCC General Counsel John Rogovin
is leaving the Commission. Austin Schlick will serve as Acting General
Counsel. Mr. Schlick has served as Deputy General Counsel responsible for
the agency's litigation. Before joining the Commission in February 2004,
he served as an assistant in the Solicitor General's office of the U.S.
Department of Justice. In that position he represented the government in
various cases before the Supreme Court. Prior to that position, he was a
partner with the Washington, D.C., law firm of Kellogg, Huber, Hansen, Todd
and Evans, where he specialized in telecommunications and appellate
litigation. Chairman Michael Powell also announced that Barbara J. Douglas,
Director of the FCC's Office of Workplace Diversity, is leaving the
Commission.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256060A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256061A1.doc

MEDIA

MEDIA'S LEGISLATIVE OUTLOOK
B&C offers odds of various telecom bills passing through Congress this
year. 1) The most pressing issue facing the TV business is transition to
all-digital broadcasts. House Commerce Committee Chairman Joe Barton (R-TX)
wants it to end in 2006; FCC Chairman Michael Powell is suggesting 2009.
Senate Commerce Committee Chairman Ted Stevens (R-Alaska) may be the
deciding factor in legislation B&C suggests is likely to pass this year. 2)
Media lobbyists and anti-consolidation activists will beg Congress to pass
opposing versions of legislation rewriting the FCC's broadcast-ownership
limits. But there's no way Congress will change the commission's limits in
any direction: Either loosening or tightening the rules would generate an
unwanted backlash from the losing side. The FCC has until Jan. 31 to
request Supreme Court review of a lower-court order against its rules. If
the FCC asks the justices to take the case, the court likely will be tied
up with it for most of the current congressional session. If the FCC drops
the case, the commissioners will be obligated to spend the next year doing
their own rewrite. Either way, Congress will stay out of the fight. 3)
Without another Janet Jackson-like incident, don't expect new indecency
legislation to pass this year -- although that won't stop some from trying.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA496911.html?display=News&refe...
(free access for Benton's Headlines subscribers)

IS COMMUNICATIONS CONSOLIDATION HURTING DEMOCRACY? WRAPPING UP 2004
[Commentary] There are a few things we can say with some confidence
regarding communications policy in 2004. Both the evangelical right and
the pro-business right held major sway over the federal agencies that were
formed to oversee communications activity on behalf of the entire
public. The trend toward consolidation continued in both the sector that
produces content and the sector that distributes content. While the
communications industries spent millions influencing policy, they also made
billions in return for that investment. While a few stockholders benefited
from this state of affairs, most consumers did not. Democracy, and the
enlightened citizen so necessary to make it function, most certainly did
not benefit from the state of communications policy in 2004.
[SOURCE: Center for American Progress, AUTHOR: Mark Lloyd]
http://www.americanprogress.org/site/pp.asp?c=biJRJ8OVF&b=290397

LOOKING FOR NEW WAYS TO MAKE VIEWERS PAY
Were Americans merely using DVRs to replay touchdowns, advertisers and
television networks wouldn't be so worried. But studies have shown that at
least 70% of today's estimated 6.5 million DVRs are routinely used for
what's known as commercial avoidance. With DVR use expected to grow tenfold
over the next five years, the devices are threatening to bring the
$60-billion-a-year TV advertising business to its knees. Advertisers and
network executives have begun to scrutinize the habits of DVR users,
wondering if viewers can be persuaded to help pay for programming that
they're now getting free. Many executives believe the networks' very
survival depends on viewers accepting what some might see as a radical
idea: that the audience, not just advertisers, must subsidize the high cost
of producing the shows that so many Americans love to watch. If they don't,
executives say, the networks won't have the money to produce expensive shows.
[SOURCE: Los Angeles Times, AUTHOR: Meg James]
http://www.latimes.com/business/printedition/la-fi-dvr18jan18,1,5097159....
(requires registration)
See also --
The New Ad Age
As the advertising industry devises new ways to get its messages across,
technologies are continually being developed that make it possible for
people to skip or avoid ads.
[SOURCE: AlterNet, AUTHOR: Joy Lanzendorfer]
http://www.alternet.org/mediaculture/20997/

FIRMS FEAR BACKLASH FROM WILLIAMS CASE
Public relations firms that are paid millions of dollars a year by the
federal government to promote programs and policies are worried the money
might dry up because of the Armstrong Williams flap at the Department of
Education. The Williams controversy was magnified by earlier revelations
that the Education Department had paid Ketchum to rate journalists on how
positively or negatively they reported on No Child Left Behind and to
produce a video news release on the law that was used by some TV stations
as if it were real news. Other government agencies, including the Census
Bureau, the Office of National Drug Control Policy and the Department of
Health and Human Services, have distributed such prepackaged videos, a
practice that congressional auditors have described as illegal propaganda
in some cases.
[SOURCE: Washington Post, AUTHOR: Christopher Lee and Jeffrey H. Birnbaum]
http://www.washingtonpost.com/wp-dyn/articles/A16464-2005Jan17.html
(requires registration)

TELECOM POLICY

PHONE COMPANIES PUSH TELECOM OVERHAUL
The nation's biggest phone companies are seeking a rollback of
telecommunications regulations, but other industries that would be affected
-- the cable and wireless companies that have gained ground against
traditional phone companies in recent years -- don't want major changes,
creating a potential roadblock to new legislation. The divisions are in
stark contrast to the mid-1990s when the interested groups were united in
seeking reform. Overhauling the Telecommunications Act of 1996 -- which was
enacted before the Internet became a widespread conduit for phone calls,
text messages, video and other communications -- appears to be a priority
for many in Congress, but not for the Bush Administration. "There is a lot
of consensus that the Telecom Act was a failure but no consensus on how to
fix it," said Scott Cleland, a telecom analyst with Precursor Group in
Washington. And, "this Congress has much bigger fish to fry."
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo
annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB110600339615628254,00.html?mod=todays...
(requires subscription)

TELCO REWRITE ON FAST -- AND SLOW -- TRACK
The election is over, we have a new Congress, let's get that
telecommunications reform bill rolling, right? Not so fast, says new Senate
Commerce Committee Chairman Ted Stevens (R-Alaska). Sen Stevens is
determined to move deliberately and has resisted calls from his House
counterpart, Rep Joe Barton (R-TX), to move quickly. As of last week, Sen
Stevens had not even named a telecom aide to oversee the legislation. Why
is the Alaska Republican moving so slow? Fresh from a stint running the
Appropriations Committee, where he kept tight control over pork barrel
spending and the political loyalty he could demand by doling it out,
Stevens is determined to keep similarly close control over the legislation
and the political favors he can negotiate by keeping people guessing his
intentions.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA496342.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

JURY IS STILL OUT ON DRIVER-CELLPHONE LAWS
Cities around the country are enforcing new restrictions on using
cellphones while driving, requiring drivers to use handsets if they really
must take/make that call. But with cellphone-related incidents making up
only a small percentage of motor vehicle accidents, even government
officials wonder why this particular behavior was chosen for a law, since
studies have shown that hands-free and hand-held cellphones are equally
distracting. John Walls, the vice president of public affairs of CTIA, the
Wireless Association, a trade organization representing wireless interests,
said it was unfair and unnecessary to create hands-free laws. "We question
the need for a law singling out behavior that apparently is pretty far down
the pecking order of accidents in the first place," Mr. Walls said. He
cited statistics showing that before the New York law was enacted, fewer
than one-hundredth of 1 percent of New York City accidents were related to
cellphones.
[SOURCE: New York Times, AUTHOR: ]
http://www.nytimes.com/2005/01/18/national/18cell.html
(requires registration)

HOSPITALS EASE CELLPHONE BANS
As the Federal Communications Commission revisits rules against cellphone
use on airplanes, hospitals are rethinking their own policies on the
devices. Policies against cellphone use in hospitals largely began in the
1990s, as the devices became more popular and hospitals grew concerned
about interfering with vital medical equipment such as cardiac monitors.
The bans mirrored restrictions by the FCC and Federal Aviation
Administration on the use of cellphones on airplanes, which emerged out of
fear that the gadgets could interfere with flight communications. But the
issue of whether and how wireless devices affect other electronic equipment
is unresolved. Research on the subject is limited, though there is growing
evidence that today's lower-power, digital cellphones aren't as likely as
older models to be a problem for medical equipment, especially if they
aren't in close proximity.
[SOURCE: Wall Street Journal, AUTHOR: ]
http://online.wsj.com/article/0,,SB110600365946928266,00.html?mod=todays...
(requires subscription)

QUICKLY

FCC REJECTS MOTOROLA'S OBJECTION TO LOW POWER RADIO
Motorola complained to the FCC that certain applicants proposing to operate
on channels 62-69 would negatively impact the ability of public safety
entities to deploy their systems on these channels. The FCC ruled that
Motorola's opposition is speculative and unsupported. Motorola offers no
specific information to suggest that any of the facilities proposed in the
applications will cause interference to other Commission licensees. In
essence, Motorola's opposition is a late-filed attempt to seek
reconsideration of the Commission's earlier determination
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-83A1.doc

REPORT ON COMCAST RATES
How much should Comcast charge for basic services? Two consultants compared
what the cable giant does charge and estimates what it should charge. There
results are at the URL below.
[SOURCE: RiedelCommunications, AUTHOR: Garth Ashpaugh and Dick Treich]
http://www.riedelcommunications.com/images/Final_AS_FRC_Comcast_2004_Nat...
Also see http://www.riedelcommunications.blogspot.com/ for commentary.

MEASURING LITERACY IN A WORLD GONE DIGITAL
The Educational Testing Service, the nonprofit group behind the SAT,
Graduate Record Examination and other college tests, has developed a new
test -- the Information and Communications Technology literacy assessment
-- that it says can assess students' ability to make good critical
evaluations of the vast amount of material available to them. The test is
intended to measure students' ability to manage exercises like sorting
e-mail messages or manipulating tables and charts, and to assess how well
they organize and interpret information from many sources and in myriad forms.
[SOURCE: New York Times 1/17, AUTHOR: Tom Zeller]
http://www.nytimes.com/2005/01/17/technology/17test.html
(requires registration)

NO IFS, ANDS OR BUTTS: FOX'S BOTTOM LINE
A brief look at how Fox network television programs are responding to
stepped-up indecency enforcement from the FCC. No more naked cartoon baby
butts.
[SOURCE: Washington Post, AUTHOR: Lisa de Moraes]
http://www.washingtonpost.com/wp-dyn/articles/A16857-2005Jan17.html
(requires registration)

VERISIGN HAS CHALLENGERS TO RUN .NET DOMAIN
NeuStar, a Sterling (VA) company that runs .biz, Afilias, which manages
.info and a nonprofit firm in Frankfurt, Denic eG, which manages Germany's
eight million registered .de domain names are all lining up to bid against
VeriSign for the .net franchise which VeriSign currently controls but ends
on June 30. While .net is not as ubiquitous as .com, it has more than five
million registered domain names, which translates daily into millions of
page views, 155 billion e-mail messages and some $1.4 million in commercial
transactions
[SOURCE: New York Times 1/17, AUTHOR: Elizabeth Olson]
http://www.nytimes.com/2005/01/17/technology/17domain.html
(requires registration)

FUJI TV TO LAUNCH RADIO BID
Fuji Television Network currently holds a 12.39% stake in Nippon
Broadcasting System, but will offer up to $1.67 billion for shares of
Nippon and may aim to turn the radio broadcaster into a wholly owned unit.
[SOURCE: Wall Street Journal, AUTHOR: Natsuo Nishio
natsuo.nishio( at )dowjones.com]
http://online.wsj.com/article/0,,SB110598864386327970,00.html?mod=todays...
(requires subscription)

INTELSAT LOSES USE OF SATELLITE
Global satellite operator Intelsat Ltd. has permanently lost one of its
orbiting spacecraft because of an electrical failure, prompting the company
to announce plans to take a non-cash charge of $73 million. The satellite
provided communications services in the South Pacific and some service
areas were without voice and data communications yesterday. The satellite's
failure gives the planned buyer of Intelsat, Zeus Holdings Ltd., the right
to back out of the deal. Zeus has told Intelsat it is evaluating the impact
of the satellite's loss. The deal was to have been completed by the end of
the first quarter.
[SOURCE: Washington Post, AUTHOR: Justin Blum]
http://www.washingtonpost.com/wp-dyn/articles/A16676-2005Jan17.html
(requires registration)
--------------------------------------------------------------
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 1/13/05

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

MEDIA & POLITICS
Apologize
What's Ailing CBS News? Let's Make a Not-So-Little List
The 'Media Party' is Over

ADVERTISING
Kraft Limits on Kids' Ads May Cheese Off Rivals
Clear Channel Ad Cutback Has Little Impact - Analysts
Advertisers on Google Are Told to Keep It Proper

WIRELESS
Cellphone Users Sue, Saying Carrier Cut Phone's Features
Child-Cellphone Warning Stirs Debate
For Wireless, the Beginnings of a Breakout
Most Travelers Want to Keep In-flight Cellphone Ban

QUICKLY -- Media Companies Focus On Deals; Commerce Chief in China; Cable
Keeps Fighting New Box Rules; Brian Dietz Promoted at NCTA; DC Radio
Station Changes Format to Spanish; Broadband in Rural America; Power Line
Broadband Puts Radio Hams at Risk; Shelton Named House Commerce Counsel;
FCC's Consumer Advisory Committee Deadline Approaching; Hispanic
Information and Telecommunications Network Application Dismissed

MEDIA & POLITICS

APOLOGIZE
[Editorial] Since the USA Today revealed that the Education Department paid
a television pundit to give favorable coverage to the Bush administration's
education policy, the pundit, Armstrong Williams, has had his credibility
damaged and his newspaper column canceled. He's unlikely to even begin
regaining any credibility unless he returns the $241,000 of taxpayers'
money that the department, through a consulting firm, paid him to promote
the No Child Left Behind law. But the Department of Education has yet to
acknowledge anything wrong with government payments to journalists, let
alone apologize. It is refusing to comment and still appears to be under
the impression that paying journalists is a "straightforward distribution
of information."
[SOURCE: Washington Post, AUTHOR: WP Editorial Staff]
http://www.washingtonpost.com/wp-dyn/articles/A5297-2005Jan12.html
(requires registration)
George Will wrote a column, No Ad Left Behind, for the Post criticizing the
Dept of Ed:
http://www.washingtonpost.com/wp-dyn/articles/A5313-2005Jan12.html
(requires registration)

WHAT'S AILING CBS NEWS? LET'S MAKE A NOT-SO-SHORT LIST
[Commentary] The problems with CBS News? No audience, no morale, no
long-term emblematic anchorperson and no cohesive management structure. But
Sauter is struck by how the network had become representative of a far
larger, far more troubling problem: A large swath of the society doesn't
trust the news media. And for many, it's even stronger than that: They
abhor the media and perceive it as an escalating threat to the society. An
English-style partisanship is burgeoning on the tube. Don't like those libs
on CBS News? Go to the conservatives on Fox. Find NBC News too "centrist"?
Click to ABC News or CNN. Can't stand Rush Limbaugh and his bombastic
conservatism? Head for the liberal alternative. Find them all heavy-handed
oafs? Go to the "news" with Jon Stewart and his merrymakers. At this stage,
local television news, the most heavily researched news product in the
nation, clings to the center, trusting that banality will trump opinion.
Ultimately, if the networks can't reform themselves, this country will end
up with just that: a lot of scrupulously impartial (which is not
necessarily to say good) news sources, managed by research-driven
executives who find it a good marketing approach.
[SOURCE: Los Angeles Times, AUTHOR: Van Gordon Sauter, former president of
CBS News]
http://www.latimes.com/news/printedition/opinion/la-oe-sauter13jan13,1,1...
(requires registration)
FAIR looks at the fallout of Memogate
http://www.fair.org/press-releases/cbs-memogate.html

THE 'MEDIA PARTY' IS OVER
[Commentary] At the height of its power, the American Mainstream Media
Party (AMMP) helped validate the civil rights movement, end a war and oust
a power-mad president. But all that is ancient history. The "party" is
being destroyed by the opposition (or worse, the casual disdain) of George
Bush's Republican Party; by competition from other news outlets; and by its
own fraying journalistic standards.
[SOURCE: MSNBC, AUTHOR: Howard Fineman]
http://www.msnbc.msn.com/id/6813945/

ADVERTISING

KRAFT LIMITS ON KIDS' ADS MAY CHEESE UP RIVALS
Kraft's decision to stop advertising junk food to kids under 12 could help
the company's image among parents and public-health advocates worried about
childhood obesity. But its decision could increase pressure on the rest of
the food industry to alter its marketing ways, and it could challenge
television networks that are competing hard for advertisers against the
robust kid appeal of videogames and the Internet. But despite the retreat
from shows targeted at kids, the company still will get its messages out
through a host of prime-time TV shows, licensing deals, Web sites and other
outlets that increasingly are attracting the attention of children and
marketers alike. "You can't avoid 2- to 5-year-olds on television, much
less 6- to 11-year-olds," says Jon Mandel, chief global buying officer of
Mediacom, the media-buying firm owned by Grey Global Group. "At any point
there are half a million kids watching Letterman every week." More children
watch prime-time television than shows directed specifically at kids, he
adds. Kraft is the third-largest food marketer to children, behind General
Mills and Kellogg, which dominate because of their children's cereal
advertising. Kraft spends roughly $90 million a year marketing to children,
while General Mills spends about $167 million and Kellogg spends about $120
million, according to industry estimates. The announcement came just months
before the kids upfront market, the time of the year when about $700
million to $800 million in national kids-TV advertising is sold to
deep-pocketed marketers.
[SOURCE: Wall Street Journal, AUTHOR: Sarah Ellison sarah.ellison( at )wsj.com ]
http://online.wsj.com/article/0,,SB110553837925023985,00.html?mod=todays...
See a related story about vending machine and sugar companies:
http://www.washingtonpost.com/wp-dyn/articles/A5369-2005Jan12.html
(requires subscription)
Also coverage in --
LA Times:
http://www.latimes.com/business/printedition/la-fi-kraft13jan13,1,256658...

CLEAR CHANNEL AD CUTBACK HAS LITTLE IMPACT -- ANALYSTS
This month, Clear Channel began to cut the number of ads and their length
to stabilize pricing and draw new listeners. The move created tight supply
at some Clear Channel stations in key markets where advertising space was
sold out in the early part of the first quarter, industry officials said.
But some advertisers, mostly local businesses. responded to the scarcity on
Clear Channel by placing ads with competing radio companies, industry
officials and analysts said.
[SOURCE: Reuters, AUTHOR: Sue Zeidler]
http://www.reuters.com/newsArticle.jhtml?type=industryNews&storyID=7298590

ADVERTISERS ON GOOGLE ARE TOLD TO KEEP IT PROPER
Google's AdWords division, which is responsible for the contextual ads that
appear alongside search results, insists on standard English and
punctilious punctuation saying that unorthodox usage and punctuation and
slang create a less straightforward searching experience. David Fischer,
director for AdWords, said: "We really focus on creating ads that at the
most basic level have proper spelling and grammar so that they're clear to
users. We really encourage clear, effective, to-the-point communication to
searchers."
[SOURCE: New York Times, AUTHOR: Sarah Lefton]
http://tech.nytimes.com/2005/01/13/technology/circuits/13goog.html
(requires registration)

WIRELESS

CELLPHONE USERS SUE, SAYING CARRIER CUT PHONE'S FEATURES
A recent lawsuit filed by a group of cellphone users cuts to the heart of
an emerging and thorny issue in the burgeoning global cellphone industry:
the fight for control among phone makers, carriers and consumers as
handsets become more like computers and not just calling devices. At stake
is billions of dollars of revenue companies hope to generate as cellphones
become capable of a growing array of tasks, from sending e-mail and photos
to showing videos and displaying lists of nearby restaurants and stores.
Consumers and tech enthusiasts fear these capabilities could become
increasingly fee-based. More broadly, some observers fear that charging for
such features could crimp the spread of new and better cellphone
technology. The carriers retort that directing subscribers to use their
networks for new features is a matter of security -- and the fees are a
normal cost of doing business and recouping their investments. In the
lawsuit in question, cellphone users are suing Verizon Wireless with deceit
for disabling Bluetooth technology features of a new high-end Motorola
phone called the V710, forcing subscribers to pay to use the company's
network to send things such as e-mail, photos and calendar entries to other
devices.
[SOURCE: Wall Street Journal, AUTHOR: Christopher Rhoads
christopher.rhoads( at )wsj.com]
http://online.wsj.com/article/0,,SB110557581692624772,00.html?mod=todays...
(requires subscription)

CHILD-CELLPHONE WARNING STIRS DEBATE
A British health official's warning against use of cellphones by children
under age 9 has sparked renewed debate about safety of mobile-communication
devices. The concern among some scientists is that exposure to radio waves
that carry calls potentially could cause harm. Yesterday, Rep. Edward
Markey of Massachusetts, the ranking Democrat on the House
Telecommunications Subcommittee, called on the Food and Drug Administration
and Federal Communications Commission to determine whether further action
is needed.
[SOURCE: Wall Street Journal, AUTHOR: David Pringle david.pringle( at )wsj.com
and Peter Grant peter.grant( at )wsj.com ]
http://online.wsj.com/article/0,,SB110557324667124658,00.html?mod=todays...
(requires subscription)

FOR WIRELESS, THE BEGINNINGS OF A BREAKOUT
The promise of 3G wireless services is not next year -- it is next month.
For consumers, that means video clips on demand, television, streaming
music, satellite navigation and high-quality games, as well as the ability
to record and send short movies. For business users, that means high-speed
Internet access from a phone or a laptop without looking around for a Wi-Fi
hot spot.
[SOURCE: New York Times, AUTHOR: Seth Schiesel]
http://tech.nytimes.com/2005/01/13/technology/circuits/13cell.html
(requires registration)

MOST TRAVELERS WANT TO KEEP IN-FLIGHT CELLPHONE BAN
People who fly at least occasionally, including Peter Eckart, are strongly
opposed to lifting the ban on cellphone use during flights, according to a
new USA TODAY/CNN/Gallup Poll. Almost seven in 10 frequent or occasional
fliers want the federal government to keep the ban. Women and fliers 50 or
older are the most strongly inclined to keep airliner cabins free of
cellphone chatter.
[SOURCE: USAToday, AUTHOR: Barbara De Lollis]
http://www.usatoday.com/printedition/news/20050113/1a_bottomstrip13.art.htm

QUICKLY

MEDIA COMPANIES FOCUS ON DEALS
This year should be full of media mergers, acquisitions and partnerships.
News Corp. is bidding $6 billion to buy up outstanding Fox Entertainment
Group shares. Time Warner has expressed interest in owning more cable
systems and content. The company could try to purchase Lions Gate
Entertainment, the only independent-film library left, which could help the
cable outfit boost its Video On Demand services. Another possible Lions
Gate suitor is NBC Universal which could also try to buy Cablevision
Systems' Rainbow Media or Discovery Networks. Cablevision's flagging Voom
satellite outfit may also end up on the block this year, with EchoStar
Communications as its most likely suitor.
[SOURCE: Forbes, AUTHOR: Penelope Patsuris]
http://www.forbes.com/services/2005/01/11/cx_pp_0110media.html

COMMERCE CHIEF CALLS ON CHINA FOR PIRACY CRACKDOWN
US Commerce Secretary Donald Evans is in China asking officials there to
eliminate counterfeit goods from its markets. The way to do that, he said,
is for commercial pirates to start serving prison time. Illegal copycat
products, including exports to the USA, cost American businesses $24
billion annually, according to the Commerce Department.
[SOURCE: USAToday, AUTHOR:David J. Lynch]
http://www.usatoday.com/printedition/money/20050113/evans13.art.htm

NTCA KEEPS FIGHTING NEW BOX RULES
Cable and the CEA are at war over an FCC rule that would ban cable-operator
deployment of new set-top boxes that integrate signal-security and
channel-selection functions. The NCTA wants the FCC to drop the ban on
integrated boxes, which is to take effect July 1, 2006, or to at least
postpone it for 18 months. The CEA supports the ban, which would mean that
every new digital box sold at retail or leased by cable companies would
work only with a CableCard -- a device about the size of a credit card that
slips into the boxes to authorize reception of scrambled programming. The
National Cable & Telecommunications Association said Tuesday in a letter to
the FCC that complaints that the set-top box market won't flourish without
new federal mandates are "ludicrous." In a letter meant to be a
point-by-point rebuttal to advocates of federal intervention, the NCTA said
those in favor of government mandates were the ones who really opposed
providing consumers with low-cost alternatives.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA495867.html?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
See Press Release:
http://www.ncta.com/press/press.cfm?PRid=566&showArticles=ok

BRIAN DIETZ PROMOTED TO VICE PRESIDENT, COMMUNICATIONS FOR NCTA
Brian Dietz, Senior Director, Communications for the National Cable &
Telecommunications Association (NCTA), has been promoted to Vice President,
Communications, for the Association, NCTA said. Dietz, who joined NCTA in
2003, serves as the principal spokesperson for the Association and helps
direct its media relations strategy and staff. He serves on the NCTA
Senior Staff and reports to Rob Stoddard, Senior Vice President,
Communications & Public Affairs. Prior to joining NCTA, Dietz served as a
regional spokesman and corporate communications director for AT&T Broadband
and MediaOne in Sacramento, CA and St. Paul, MN. He also served as Press
Secretary for former Minnesota Governor Arne H. Carlson and as Director of
Communications for the Minnesota Department of Trade and Economic Development.
[SOURCE: National Cable & Telecommunications Association Press Release]
http://www.ncta.com/press/press.cfm?PRid=565&showArticles=ok

WHFS CHANGES ITS TUNE TO SPANISH
Earlier this week Headlines reported on the booming Hispanic television
market, today we see evidence of the booming Spanish-language radio market.
WHFS-FM, the Washington area radio station that was a pioneering purveyor
of alternative rock to generations of young music fans, did a programming
U-turn yesterday by ditching the genre for a Spanish-language, pop-music
format that transforms it into the largest Spanish-language station on the
local dial. Spanish-language radio is the fastest-growing format in the
country, while alternative rock radio is a withering niche.
[SOURCE: Washington Post, AUTHOR: Teresa Wiltz and Paul Farhi]
http://www.washingtonpost.com/wp-dyn/articles/A4390-2005Jan12.html
(requires registration)

PROMOTING BROADBAND DEVELOPMENT IN RURAL AMERICA
See PowerPoint presentation by NTIA Director Michael Gallagher.
[SOURCE: National Telecommunications and Information Administration]
http://www.ntia.doc.gov/ntiahome/speeches/2005/Gallagher_KY_01122005.ppt
http://www.ntia.doc.gov/ntiahome/speeches/2005/Gallagher_KY_01122005.htm

RADIO HAMS AT RISK FROM POWER LINE BROADBAND
New Scientist magazine reported on Wednesday that plans to send Internet
broadband signals down electricity cables rather than telephone lines could
hinder the radio hams whose transmissions were so vital in the aftermath of
the Asian tsunami. The FCC has ruled service providers must use filters on
their household equipment to avoid the problem.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=E41PJGBGBYCYICRBAEKS...

SHELTON NAMED HOUSE COMMERCE COUNSEL
Johanna Mikes Shelton, media advisor to FCC Commissioner Jonathan
Adelstein, was named Democratic counsel to the House Commerce Committee
Wednesday. She replaces Gregg Rothschild, who is leaving Capitol Hill to
become a lobbyist for Verizon. She starts her new job Feb. 1. Before
joining Adelstein's office, Shelton was communications and intellectual
property advisor to Rep. Rick Boucher (D-VA)
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA495846?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
See statement by Commissioner Adelstein:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256045A1.doc

Deadline for Applications for Membership on the FCC's Consumer Advisory
Committee is January 31, 2005
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-61A1.doc

The FCC dismissed the application by Hispanic Information and
Telecommunications Network, Inc for authority to construct an Instructional
Television Fixed Service (ITFS) station in Milwaukee, Wisconsin because
its proposed facility was predicted to cause co-channel interference to
another channel.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-5A1.doc
--------------------------------------------------------------
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 1/12/04

If you can stop envisioning whirled peas for a moment, today's a chance to
think about the Future of Digital Public Service Media
(http://www.newamerica.net/index.cfm?pg=event&EveID=446). For this and
other upcoming media policy events, see http://www.benton.org/calendar.htm

MEDIA & POLITICS
Critics Question No-Bias Finding By CBS Panel
Group FOIA's Feds Over Propaganda
Staples, Activists in Battle of Words

CONSUMER PROTECTIONS
Kraft to Curb Snack-Food Advertising
FTC Wins Order to Shut Down Spam From Adult Web Sites
Nation's Consumer Advocates file Federal Appeal to Protect Internet
Telephone Customers
Watchdog Sets Sights on a la Carte
PUC Delays Vote on Axing Telecom 'Bill of Rights'

WIRELESS
Largent Expects Very Busy Year for CTIA

109th CONGRESS
Significance of Senate Communications Subcommittee Questioned
Content Owners, Fair Use Advocates Prep for New Copyright Fight

E-RATE
FCC Overturns E-Rate Rule
eRate Delays Require More Work, Creativity

OWNERSHIP
Viacom Considers Buying Cable Networks, Selling Smaller-Market TV
Stations

QUICKLY
$weet Charity
Hill's Rothschild Heads to Verizon
Debra Tica Sanchez, APTS Director of Government Affairs
OC, Inc: The Untold Story

MEDIA & POLITICS

CRITICS QUESTION NO-BIAS FINDING BY CBS PANEL
It may be hard to prove bias, but critics of an independent panel's report
on Memogate think there was evidence. The report lists a five-year pursuit
of the Guard story by Dan Rather and producer Mary Mapes; the use of
strongly anti-Bush sources; and Mapes's call to Joe Lockhart, which put the
John Kerry campaign adviser in touch with Bill Burkett, the source of the
suspect Guard documents about President Bush's military service. But was it
bias or just a competitive push to get the story on the air? Hard-charging
reporters, by their nature, push to get stories on the air or in print,
sometimes against the reservations of their superiors. They are trained to
see patterns, connect the dots, nail down the case against the politician
or businessman in their sights. No one wins fame, fortune and journalism
prizes by sitting on an explosive report.
[SOURCE: Washington Post, AUTHOR: Howard Kurtz]
http://www.washingtonpost.com/wp-dyn/articles/A2148-2005Jan11.html
(requires registration)
Similar story in WSJ:
http://online.wsj.com/article/0,,SB110548655355523361,00.html?mod=todays...
USAToday:
http://www.usatoday.com/printedition/life/20050112/d_mediamix12.art.htm
LA Times:
http://www.latimes.com/news/printedition/opinion/la-ed-cbs12jan12,1,6064...
(Editorial)
http://www.latimes.com/news/printedition/asection/la-na-rather12jan12,1,...
Christian Science Monitor:
http://www.csmonitor.com/2005/0112/p03s01-usgn.html

GROUP FOIA'S FED OVER PROPAGANDA
Following revelations that the Bush administration paid a conservative
commentator and columnist to tout the president's "No Child Left Behind"
program, Citizens for Responsibility and Ethics, a citizens' watchdog
group, has filed Freedom of Information Act requests with 22 federal
agencies seeking contracts with public-relations firms that might have set
up similar arrangements. "How extensively has the administration used
propaganda to shore up its controversial policies?" asked Melanie Sloan,
executive director of Citizens for Responsibility and Ethics in Washington
a non-profit group dedicated to holding public officials to high standards
of behavior. "Did it pay any commentators to speak out in support of the
Patriot Act? Is it paying anyone now to convince the public that Social
Security is in crisis? By filing these FOIAs, we hope to answer these
questions."
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA495480?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Response for the White House:
http://www.whitehouse.gov/news/releases/2005/01/20050110-8.html#4
More coverage of this issue in --
* NYTimes
http://www.nytimes.com/2005/01/12/business/media/12adco.html
* USAToday (Lawmakers call for 'propaganda' probe)
http://www.usatoday.com/printedition/news/20050112/a_capcol12.art.htm
Bush launches PR campaign to change Social Security -- The effort will be
similar to the one he used to pass his education bill, No Child Left
Behind, in 2001.
http://www.usatoday.com/printedition/news/20050112/a_social12.art.htm
* The Nation
http://www.thenation.com/edcut/index.mhtml?bid=7&pid=2118
* BlackAmericaWeb.com
http://www.blackamericaweb.com/site.aspx/bawnews/armstrongpayola
* Hollywood Reporter (Sinclair Broadcast Group is conducting an inquiry
into an appearance made on one of its news shows by pundit Armstrong Williams.)
http://www.hollywoodreporter.com/thr/television/brief_display.jsp?vnu_co...
* AlterNet
http://www.alternet.org/mediaculture/20946/
* People for the American Way
http://www.pfaw.org/pfaw/general/default.aspx?oid=16842

STAPLES, ACTIVISTS IN BATTLE OF WORDS
Media Matters for America last week claimed victory in its e-mail campaign
to persuade Staples to drop its ads from Sinclair's local television news
programs. But the announcement has led to denials, countercharges and even
legal threats by Staples, the activists and Sinclair. Staples contends that
it changed its advertising buying on its own, based on a routine and
seasonal media-buying process. MMFA claims Staples saw, edited and approved
its initial press release. Sinclair, meanwhile, claims that it is being
harassed by organizations with "far-left-leaning political agendas" that
have conducted "an ongoing Internet-based campaign of harassment." Citing
its 1st Amendment rights to control programming, Sinclair said, "continued
misrepresentation of the facts surrounding any company's advertising
practices regarding Sinclair stations constitutes 'trade defamation,' which
would entitle Sinclair to seek damages in a court of law." Although
activists are attempting to pressure Sinclair by pointing to its use of the
public airwaves, broadcasters aren't legally required to provide balance in
presenting political views, Sinclair spokesman and lawyer Barry Faber said.
"To us, it's not so much if [viewers] like the opinion, but are they tuning
in?" Faber said. "If you don't agree certain programming should be on the
air, don't watch it."
[SOURCE: Los Angeles Times, AUTHOR:Lynn Smith]
http://www.latimes.com/business/printedition/la-fi-sinclair12jan12,1,700...
(requires registration)

CONSUMER PROTECTIONS

KRAFT TO CURB SNACK-FOOD ADVERTISING
Today the government is set to release new dietary guidelines, which are
expected to emphasize fruit and vegetables, whole grains, milk and
healthful fats such as those in nuts and olive oil. Meanwhile, Kraft Foods,
the nation's largest food company, is expected to announce that it will
curb its advertising of many popular snack food items to children under 12.
The maker of Oreos, Chips Ahoy, Kool-Aid and Oscar Mayer lunch meat will
begin phasing out ads for its less nutritious products on television and
radio shows and in print publications aimed at audiences of 6- to
11-year-olds. The company doesn't aim any media advertising at children
under 6. Kraft will not stop all promotions to young children; it will
still use cartoon characters in its products and packaging. It will also
continue to offer contests, prizes and other promotions as well as games on
its Web sites. And its traditional Lunchables and Kool-Aid products, as
well Oreos and other cookies, will still be advertised on TV and radio
shows and in magazines and other publications aimed at kids 12 and older.
[SOURCE: Washington Post, AUTHOR: Caroline E. Mayer]
http://www.washingtonpost.com/wp-dyn/articles/A2266-2005Jan11.html
(requires registration)

FTC WINS ORDER TO SHUT DOWN SPAM FROM ADULT WEB SITES
The Federal Trade Commission filed civil charges against six companies and
five individuals in U.S. District Court in Nevada, accusing the defendants
of sending out sexually explicit e-mail solicitations without clear warning
labels, "unsubscribe" links and other information required by the 2003
Controlling the Assault of Non-Solicited Pornography and Marketing Act,
commonly referred to as CAN-SPAM. Defendants can face fines of as much as
$250,000 for individuals and $500,000 for an organization. The case also is
notable because it targets "affiliate marketing," a common practice among
online adult-entertainment and mortgage companies where independent
spammers are hired to drive traffic to Web sites. "The message of this case
is that you are strictly liable for the practices of third parties who do
your marketing for you," said Eileen Harrington, director of the FTC's
Marketing Practices Division.
[SOURCE: Wall Street Journal, AUTHOR: Christopher Conkey
christopher.conkey( at )wsj.com]
http://online.wsj.com/article/0,,SB110546792517722953,00.html?mod=todays...
(requires subscription)
See also --
USAToday
http://www.usatoday.com/printedition/money/20050112/1b_spam12.art.htm
Reuters
http://www.reuters.com/newsArticle.jhtml?type=internetNews&storyID=7295503
News.com:
http://news.com.com/FTC+sues+to+stop+porn+spammers/2100-1030_3-5532669.h...
NYTimes:
http://www.nytimes.com/2005/01/12/technology/12porn.html

NATION'S CONSUMER ADVOCATES FILE FEDERAL APPEAL TO PROTECT INTERNET
TELEPHONE CUSTOMERS
On November 9, the FCC decided that VoIP companies are to be exempt from
many state regulations that apply to other local and long-distance
telephone providers. On Tuesday, the National Association of State Utility
Consumer Advocates (NASUCA) appealed that decision which, unless
overturned, will restrict the ability of states to protect consumers who
use a broadband connection for their local and long-distance telephone
service. The advocates filed their appeal in the United States Court of
Appeals for the 8th Circuit in St. Louis. NASUCA believes the FCC order was
unreasonable and unlawfully takes away the ability for states to provide
consumer protection standards. Under the FCC's ruling, states are
prohibited from requiring VoIP companies to provide customers with access
to 9-1-1. The FCC also prohibits state utility commissions from
registration requirements that apply to traditional telephone companies.
Typically, states have existing service quality standards that registered
telephone companies must follow. NASUCA believes that states - not the FCC
- should determine the state consumer protections to which VoIP customers
are entitled. Beyond 9-1-1 and other public safety issues, service quality,
billing and dispute resolution are important areas for states to address.
NASUCA also believes that customers are entitled to receive understandable
contracts with clear disclosure of all fees before signing up for VoIP service.
[SOURCE: National Association of State Utility Consumer Advocates Press
Release]
http://www.nasuca.org/newsroom/PR-nasuca%20voip%20appeal%201-11-05.doc
See text of appeal:
http://www.nasuca.org/filings/Vonage%20Petition%2001-11-05.pdf

WATCHDOG SETS SIGHTS ON A LA CARTE
The watchdog Parents Television Council is planning to lobby vigorously
this year for a la carte legislation that would give consumers the right to
choose and pay for only the cable programming they want in their homes.
"This is going to be the next indecency fight," said Lara Mahaney, PTC
director of corporate and entertainment affairs. "There is definitely a
rising tide of anger among consumers who simply want to get the Disney
Channel and they're forced to pay for and accept the likes of MTV and FX
into their homes." PTC is already urging its members to write lawmakers and
the FCC to support a la carte. It has also posted a PTC study that
documents off-color incidents gleaned from basic cable channels. "The cable
industry announced an initiative last year under which cable companies
agreed to provide free channel-blocking technology to customers who wish to
prevent specific channels from entering their home, which is a far better
solution than government regulation driving up prices while reducing choice
and diversity in media," said Brian Dietz, a spokesman for the National
Cable & Telecommunications Association.
[SOURCE: TVWeek, AUTHOR: Doug Halonen]
http://www.tvweek.com/article.cms?articleId=26869
(requires free registration)

PUC DELAYS VOTE ON AXING TELECOM 'BILL OF RIGHTS'
Facing mounting criticism over a proposal to suspend sweeping new consumer
rights for phone customers, the California Public Utilities Commission
moved Tuesday to postpone a vote scheduled on the issue this week.
California Attorney General Bill Lockyer on Tuesday joined various consumer
advocates in opposing the proposed suspension. His office filed papers
questioning "this haste" in a vote on suspending the rights or, in fact,
any need to suspend them at all. Although Gov. Arnold Schwarzenegger had
appointed two new members to the commission, earlier this week his office
indefinitely postponed their swearing-in scheduled for Tuesday. There is a
clear 2-1 majority for suspension of the rights until the new members take
office. Among the consumer advocacy groups opposing the suspension are The
Utility Reform Network, the Greenlining Institute and Disability Rights
Advocates.
[SOURCE: San Jose Mercury News, AUTHOR: John Woolfolk
jwoolfolk( at )mercurynews.com ]
http://www.mercurynews.com/mld/mercurynews/business/technology/10624957.htm
See also --
LATimes
http://www.latimes.com/business/printedition/la-fi-puc12jan12,1,1754807....

WIRELESS

LARGENT EXPECTS VERY BUSY YEAR FOR CTIA
Former Member of Congress Steve Largent, President of CTIA, the lobbying
organization for wireless phone companies, is expecting a busy 2005. The
agenda includes intercarrier compensation, universal service, and a rewrite
of the telecom act. In December, the groups board approved the creation of
a "grassroots and a grass-tops organization" that will spend tens of
millions of dollars on a campaign to rally wireless users and industry
employees to lobby the states, the FCC and Congress against regulation and
taxation. The organization that will oversee the program will be completely
separate from CTIA, with its own board and budget. Carriers will support
the organization. "We haven't modeled" the new lobbying organization after
any other group, though it will be similar to outreach program on legal
reform set up by the U.S. Chamber of Commerce, he said. A major target of
the group will be fighting state regulation of wireless, which he described
as "anathema to our industry, which limits what we believe is a potentially
unlimited future."
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk, Terry Lane]
(Not available online)

109th CONGRESS

SIGNIFICANCE OF SENATE COMMUNICATIONS SUBCOMMITTEE QUESTIONED
Incoming Senate Commerce Committee Chairman Ted Stevens (R-Alaska) is
considering the Subcommittee on Communications. Sen Stevens would like to
keep those issues at the full committee level so that he can better control
the agenda. Many communications issues are often elevated to the full
committee level, as they were in the 108th Congress. The Communications
Subcommittee held no hearings on media ownership, indecency, DTV
transition, VoIP and several other high-profile communications issues in
the most-recent session. While the full Committee had 30
communications-related hearings last session, the Subcommittee had just 7
hearings, including two on the Internet Corporation for Assigned Names &
Numbers (ICANN). Although some think the move by Sen Stevens is payback to
outgoing Commerce Chairman John McCain (R-AZ) who was thought to be pursing
the subcommittee chair, others see it as a way for Sen Stevens to grasp
jurisdiction over the communications industry since he was losing some
clout by relinquishing the powerful Appropriations Committee chairmanship.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

CONTENT OWNERS, FAIR USE ADVOCATES PREP FOR NEW COPYRIGHT FIGHT
Fair use advocates and the content industry are gearing up for a rematch in
the 109th Congress. The last Congress failed to pass significant copyright
reform legislation despite a major effort by the music and movie business
lobbies. Both sides expect to see familiar issues trotted out again, though
there appears to be a new realization
that Congress is increasingly savvy about what's at stake. All eyes are on
the expected rewrite of the Telecom Act of 1996. "Telecom reform affects
all of information
technology because it is all about the ways we will communicate tomorrow,"
said Will Rodger, lobbyist for the Computer & Communications Industry
Association.
[SOURCE: Communications Daily, AUTHOR: Randy Barrett]
(Not available online)
Also see:
Let a Thousand Googles Bloom (Commentary/Lawrence Lessig)
http://www.latimes.com/news/printedition/opinion/la-oe-lessig12jan12,1,7...

E-RATE

FCC OVERTURNS E-RATE RULE
On Monday, the FCC released an appeal decision in which the Commission
overruled a procedure that the School and Library Division of the Universal
Service Administration Company has been using for more than two years
whereby it would treat "unsubstantiated" funding requests the same as
"ineligible requests" when applying the "30% Rule." If, for example, an
applicant filed a telephone funding request assuming $500/mo. in charges
but, when asked for supporting bills, could only produce $300 worth, the
SLD would deny the request because more than 30% of the original request
was unsubstantiated/ineligible. The FCC indicated that the 30% Rule should
apply only to strictly ineligible requests. Unsubstantiated requests should
be reduced, but not denied.
[SOURCE: E-Rate Central, AUTHOR: Winston Himsworth]
http://www.e-ratecentral.com/archive/Bulletins/Bulletins2004/29_2004Bull...
The FCC decision is available at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-54A1.dochttp://h...

ERATE DELAYS REQUIRE MORE WORK, CREATIVITY
At least 3,300 applicants for E-rate funds still await a decision on
roughly $800 million to help pay for their 2004 Internet, telephone, and
internal wiring costs. The delay makes it difficult for these applicants to
apply for the 2005 program year before the Feb. 17 deadline. Consultants
have some important advice for schools and libraries awaiting those
decisions: Reapply now for discounts on these same products and services to
cover all your bases before the 2005 deadline passes.
[SOURCE: eSchool News, AUTHOR: Cara Branigan]
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=5457

OWNERSHIP

VIACOM CONSIDERS BUYING CABLE NETWORKS, SELLING SMALLER-MARKET TV STATIONS
"We are in the market for any good cable channels that are in our price
range," said Viacom Chairman and CEO Sumner Redstone, speaking at a Smith
Barney investor conference in Phoenix, though he admitted such networks are
a "rare commodity." At the same time, Viacom co-President and co-Chief
Operating Officer Leslie Moonves said the company may also sell off some of
its television stations in smaller markets, though he provided no details
of which properties could be put up for sale. Viacom owns 20 CBS stations
and 18 UPN stations. The pondering of a cable network acquisition comes as
the company rethinks the importance of its A-minus credit rating. Mr.
Redstone said Viacom is deciding whether to reduce its credit rating one
notch to BBB-plus to increase the company's leverage, have greater
borrowing capacity for such acquisitions and increase Viacom's share
buyback program.
[SOURCE: TVWeek, AUTHOR: Jay Sherman]
http://www.tvweek.com/news.cms?newsId=7060
(requires free registration)

QUICKLY

$WEET CHARITY
Mayor Michael Bloomberg may sell Bloomberg L.P., the financial information
giant, in order to fund a philanthropic effort after he leaves public
office. Possible buyers include Microsoft, Toronto-based media giant
Thomson Corp, and GE. The company's value is estimated at $10 billion.
Mayor Bloomberg faces reelection this year.
[SOURCE: New York Post, AUTHOR: Keith Kelly]
http://www.nypost.com/business/38274.htm

HILL'S ROTHSCHILD HEADS TO VERIZON
Gregg Rothschild is leaving the House Commerce Committee to join Verizon
Communications' lobbying team. Rothschild became telecom and media adviser
to the committee's ranking Democrat, John Dingell (MI) in 2003. Previously
he was legislative director for Sen. John Kerry (D-MA).
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA495562?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

DEBRA TICA SANCHEZ, APTS DIRECTOR OF GOVERNMENT AFFAIRS
The Association of Public Television Stations (APTS) announced Tuesday the
promotion of Debra Tica Sanchez to the position of Director of Government
Relations. Since joining APTS in July 2001, Ms Sanchez has played an
integral role in numerous legislative matters. She has primary
responsibility for legislation before key appropriations subcommittees and
education committees. As such, Ms. Sanchez manages APTS' efforts to secure
funding for education programs like Ready To Learn and Ready To Teach, for
CPB, Interconnection and the digital transition. She has also spearheaded
APTS efforts in rural services, legislation and funding. She previously
served as the Senior Federal Liaison for APTS.
[SOURCE: Association of Public Television Stations]
http://www.apts.org/news/Debra_Sanchez.cfm

OC, INC.: THE UNTOLD STORY
[Video] Reverend Everett Parker in the 1960s lead a campaign to open up the
airwaves to people of color and women. See how broadcasters, the FCC, and
other regulatory bodies were made accountable to including all segments of
society.
http://www.ucc.org/ocinc/
--------------------------------------------------------------
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 1/11/05

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

MEDIA & POLITICS
CBS Dismisses 4 Over Broadcast on Bush Service
Sales Pitches Overwhelm Democratic Debate

TELEVISION/RADIO
Terrestrial-Radio Firms Get Serious
Would a Cleaned-Up 'Sopranos' Be Too Naughty for Sponsors?
Hispanic Television Networks Booming
FCC Upholds Fine on Calif. Broadcaster
Let's Talk About Beer

INTERNET
Internet Quest Gets Squashed
Competition Should be Fair
BitTorrent File-Sharing Program Floods the Web
U.S. Broadband A-OK
ED Outlines New Tech Priorities

TELECOM
Your Call (and Rants on Hold) Will Be Monitored

MEMOGATE PANEL REPORT & REACTION

MEDIA & POLITICS

CBS DISMISSES 4 OVER BROADCAST ON BUSH SERVICE
CBS yesterday dismissed four of its top journalists, including a
high-ranking news executive, after an independent panel concluded that a
September report that raised questions about President Bush's Vietnam-era
National Guard service never should have been broadcast. Leslie Moonves,
the chairman of CBS, issued a nine-page statement including, "As far as the
question of reporting is concerned, the bottom line is that much of the
Sept. 8th broadcast was wrong, incomplete or unfair. We deeply regret the
disservice this flawed '60 Minutes' Wednesday report did to the American
public, which has a right to count on CBS News for fairness and accuracy in
all it does." Several CBS employees said they took heart that the panel had
found that no political bias existed within the ranks of the Wednesday
edition of "60 Minutes" - a charge that had been widely repeated on the
Internet. A Wall Street Journal editorial (see link below) criticized the
panel's report for explaining what happened, but not why. The WSJ more than
hinted at political bias as motivation. In a statement issued to other news
organizations late yesterday, the segment's producer, Mary Mapes, said, "I
am very concerned that [Les Moonves'] actions are motivated by corporate
and political considerations -- ratings rather than journalism."
This is today's "the media eats itself" story. See links to additional
coverage at the end of this email.
[SOURCE: New York Times, AUTHOR: Jacques Steinberg & Bill Carter]
http://www.nytimes.com/2005/01/11/business/media/11cbs.html
(requires registration)
http://online.wsj.com/article/0,,SB110540645407122349,00.html?mod=todays...
(Editorial)
(requires subscription)

SALES PITCHES OVERWHELM DEMOCRATIC DEBATE
California voters had to decide on sixteen statewide ballot issues in
November in addition to local measures and candidates. To put it in
perspective, there was a 165-page voter guide. But for people relying on
their local TV newscast in the Bay Area, there was not much help in making
sense of it all. During the four weeks before the election, the average
station provided just 1 minute 24 seconds on coverage of ballot issues
during their self-identified premier hour of news. By contrast, during that
same hour of news, viewers saw 2 minutes 41 seconds of ads on those ballot
issues. See more at the URL below.
[SOURCE: Grade the News, AUTHOR: Michael Stoll]
http://www.stanford.edu/group/gradethenews/pages2/propads.htm

TELEVISION/RADIO

TERRESTRIAL-RADIO FIRMS GET SERIOUS
"Radio -- you hear it here first" That's the tagline (no relation) for a
new ad campaign to convince people to continue to listen to broadcast radio
instead of paying for satellite radio services. Major radio companies from
Clear Channel to Viacom's Infinity Broadcasting to Entercom Communications
are devoting an estimated $28 million of their airtime to the promotion.
The spots will run at least through February and likely beyond that, and
also will expand to print format.
[SOURCE: Wall Street Journal, AUTHOR: Sarah McBride at sarah.mcbride( at )wsj.com]
http://online.wsj.com/article/0,,SB110540552429222312,00.html?mod=todays...
(requires subscription)
See also --
WashPost:
http://www.washingtonpost.com/wp-dyn/articles/A64339-2005Jan10.html

WOULD A CLEANED-UP 'SOPRANOS' BE TOO NAUGHTY FOR SPONSORS?
Yesterday we read that HBO will make some upcoming movies available for
PBS, but will basic cable channels be willing to pay up to $1.8 million for
78 episodes of "The Sopranos"? As it did with "Sex and the City," HBO has
been producing alternate versions of each "Sopranos" episode as the series
is filmed. The actors loop, or replace, daring dialogue with tamer variants
that would pass muster on advertising-supported TV networks and stations.
The edited episodes of "Sex and the City" are to appear exclusively on TBS
until September 2005, when the local broadcast stations of the Tribune
Company will also start running them. The Sopranos "won't be palatable for
every advertiser," said John Rash, senior vice president and director for
broadcast negotiations at Campbell Mithun , owned by Interpublic, "but the
network that acquires it will surely be able to sell it" to sponsors. One
reason is that "the degree of tolerance by American advertisers and
audiences for violent content," Mr. Rash said, "is higher than for
programming with more salacious content" like "Sex and the City. At a
minimum, the entertainment industry, which traffics in content as
challenging, if not more aggressive, than 'The Sopranos,' will be a natural
advertiser," he added, listing movie studios and sellers of video games.
[SOURCE: New York Times, AUTHOR: Stuart Elliott]
http://www.nytimes.com/2005/01/11/business/media/11adco.html
(requires registration)

HISPANIC TELEVISION NETWORKS BOOMING
The University of Georgia's Selig Center for Economic Growth projects that
the Hispanic population will grow by 19% over the next five years, to
comprise 16% of the U.S. population in 2009. Hispanic purchasing power will
shoot up to $992.3 billion in 2009, up from $686.3 billion currently. Who
can help sell these Americans cars, pop and toothpaste? TV, naturally.
There are now TV 75 networks, both Spanish-language and English-language,
catering to U.S. Hispanic viewers.
[SOURCE: Miami Herald, AUTHOR: Christina Hoag]
http://www.miami.com/mld/miamiherald/10593845.htm?1c

FCC UPHOLDS FINE ON CALIFORNIA BROADCASTER
The FCC Monday upheld a $20,000 fine against Pacific Spanish Network, a
California broadcaster that played a role in a massive barrage of
interference that affected more than one-dozen AM-radio stations in the
Western US. The interference came from three Mexican stations operating at
higher power levels and, in one case, a different channel, than approved by
U.S. and Mexican officials.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McCOnnell]
http://www.broadcastingcable.com/article/CA494993?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

LET'S TALK ABOUT BEER
This just in from Will Rogers: Jones Radio Networks has announced it will
syndicate Beer Radio, a live weekend show dedicated to the 90 million beer
lovers nationwide that are passionate about fine beverages made with barley
and hops. "Beer Radio is one of the freshest ideas that talk radio has seen
in a long time," says Amy Bolton, VP/GM News & Talk for Jones Radio Networks.
[SOURCE: Radio Ink]
http://www.radioink.com/HeadlineEntry.asp?hid=126625&pt=todaysnews

INTERNET

INTERNET QUEST GETS SQUASHED
[Editorial] The move by Lafayette (LA) city officials to build a municipal
"triple play" video, phone and data system shows spunk a creativity. The
plan mirrors the action Lafayette's city fathers took a century ago when
they realized the private power companies were passing them by in favor of
larger, more lucrative markets in Baton Rouge and New Orleans. To survive,
they built their own municipal power system. The future of Lafayette
shouldn't be left to the whim of the big telecommunications companies,
insists City Parish President Joey Durel. Installing fiber-optic cable, he
credibly argues, is no different from laying down sidewalks or sewer lines.
Louisiana regulators are busy reviewing the case. But for Lafayette to
lose, there are a couple of things the regulators will have to ignore:
fairness and common sense.
[SOURCE: USAToday, AUTHOR: USAToday Editorial Staff]
http://www.usatoday.com/printedition/news/20050111/edit11.art.htm

COMPETITION SHOULD BE FAIR
[Commentary] A BellSouth executive argues that the company is all for
competition as long as it is fair. In the case of Lafayette (LA), city
officials have publicly stated that they intend to borrow in excess of $100
million over 25 years to build a fiber-to-the-home network to provide a
"triple play" of services using as collateral the monopoly electric
utility, which is owned by the citizens of Lafayette. City officials say
they do not intend to seek the approval of those citizen owners. To counter
it, BellSouth and the local cable TV operator, Cox Communications, have
worked on the Fair Competition Act which allows the Lafayette Utility
System and others to build their own networks, but it ensures that they
cannot unfairly cross-subsidize their new ventures with monopoly electric
revenues and taxpayer dollars. Furthermore, the legislation gave the
responsibility of developing appropriate cost-allocation and accounting
rules -- to ensure anti-competitive practices do not occur -- to the
Louisiana Public Service Commission, which is in the process of developing
those rules. BellSouth is not trying to thwart competition; we simply want
to ensure that competition is fair and that the playing field is not tipped
in favor of any competitor -- including a government-owned network.
[SOURCE: USAToday, AUTHOR:William A. Oliver, BellSouth]
http://www.usatoday.com/printedition/news/20050111/oppose11.art.htm

BITTORRENT FILE-SHARING PROGRAM FLOODS THE WEB
BitTorrent, which allows its users to retrieve video and other large files
on the Internet, has been downloaded 30 million times. It is so popular
that, by some estimates, it hogs a third of all traffic on the Internet.
Perhaps more than any other program, BitTorrent has enabled users to turn
the Internet into a vast television and movie network, where the latest
films and television series can be quickly downloaded free. The technology
offers a sophisticated and speedy way for users to share large files,
breaking them into small chunks and allowing users to begin sharing each
chunk almost immediately after downloading it. Some tech watchers say the
program, and others like it, ultimately will change the entertainment
industry. By breaking long-established rules, BitTorrent users may force
those rules to be rewritten.
[SOURCE: Seattle Times, AUTHOR: Kim Peterson kpeterson( at )seattletimes.com]
http://seattletimes.nwsource.com/html/businesstechnology/2002146729_bitt...

US BROADBAND A-OK
[Commentary] "What broadband crisis?" asks McCullagh. That the US ranks
11th in broadband adoption is misleading when one considers the population
density of the countries that rank above us. Broadband services are
available to all but a small fraction of Americans, he argues; people are
just not ready to fork over the bucks for high-speed Internet. Cultural
differences might explain why. Perhaps Americans prefer to read books
instead of staring at a PC? Or they'd rather watch television? Online
gaming and music downloading aside, there's still no killer app for
broadband in the United States. Compare that with South Korea, where you
can tune in to television programming delivered over the Internet and where
online gaming is a national sport. Regulators may use the ranking as an
excuse to push for more aggressive regulation, but McCullagh writes that
that would be a mistake. He concludes: "In reality, even though broadband
connections are readily available...Americans don't see the benefits
outweighing the costs. Over time, as more-compelling content comes online
and connection speeds zoom upward, this will change. Until then, there's no
national emergency that needs to be solved through new laws or more
government spending. It's simply a case of bureaucrats and other critics
objecting to the way Americans have chosen to spend their own money."
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh ]
http://news.com.com/U.S.+broadband+A-OK/2010-1071_3-5517695.html?tag=nef...

ED OUTLINES NEW TECH PRIORITIES
The US Department of Education offers seven recommendations for policy
makers and school leaders in its new National Education Technology Plan:
Strengthen ed-tech leadership at the state and local levels; Consider
innovative budgeting; Improve teacher training; Support eLearning and
virtual schooling initiatives; Encourage broadband access; Move toward
digital content; and Integrate data systems. For a discussion of the
recommendations and how the Department of Education formed them, see the
URL below.
[SOURCE: eSchool News, AUTHOR: Corey Murray]
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=5455

TELECOM

YOUR CALL (AND RANTS ON HOLD) WILL BE MONITORED
This call may be monitored for quality assurance purposes. You may have
heard that so many times that you don't hear it anymore. But hundreds of
millions of calls to service centers are recorded and millions are
monitored. The business of assessing the behavior of operators has taken on
a new urgency in recent years. With so many companies selling similar
products at similar prices, competent and professional customer service
agents are more and more the difference between a sale and a lost
opportunity, a burnished brand and a tarnished one. That reality has turned
third-party call monitoring into a fast-growing industry watching over the
nation's six million call center operators as well as hundreds of thousands
offshore. "You could have a show on Broadway just playing the calls," said
Mike Schrider, president of J.Lodge, a call monitoring service.
[SOURCE: New York Times, AUTHOR: Ken Belson]
http://www.nytimes.com/2005/01/11/business/11snoop.html
(requires registration)

MEMOGATE PANEL REPORT & REACTION

Full text of panel report:
http://www.nytimes.com/packages/pdf/national/20050110_CBS_Report.pdf

Statement by Les Moonves:
http://www.viacom.com/press.tin?ixPressRelease=80604191

Wall Street Journal:
http://online.wsj.com/article/0,,SB110537050478921610,00.html?mod=todays...
(requires subscription)

New York Times:
http://www.nytimes.com/2005/01/11/business/media/11network.html

Washington Post:
http://www.washingtonpost.com/wp-dyn/articles/A62690-2005Jan10.html

USAToday:
http://www.usatoday.com/printedition/news/20050111/1a_offlede11.art.htm
http://www.usatoday.com/printedition/life/20050111/d_lede11.art.htm
http://www.usatoday.com/printedition/news/20050111/edtwo11.art.htm (Editorial)

LA Times
http://www.latimes.com/news/printedition/asection/la-na-rather11jan11,1,...
--------------------------------------------------------------
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.
--------------------------------------------------------------