January 2005

TODAY'S QUESTION: Broadcast localism -- myth or reality?

BROADCAST LOCALISM
Recording Artist Groups Call for More Local Radio
Clear Channel Defends Its Localism Efforts
NAB Sees Benefit in Sinclair Flap
NAB Slams EchoStar Carriage Proposal

BROADCASTING & ELECTIONS/POLITICS
Drug Control Office Faulted For Issuing Fake News Tapes
It's the Media, Stupid!
Staples Denies Dissing Sinclair News
The Political Standard -- December Issue

POLICYMAKERS
House Commerce Committee Picks 7 New Members
Senate Commerce Committee Approves Gutierrez
FCC chief buoys VoIP, Satellite Radio
Open Meeting Agenda -- 1/13/05
An Obscene Waste of Energy

TELECOM
FCC May Seek $500 Million From AT&T Over Phone Cards
Alltel Plans to Buy Western Wireless In $4 Billion Deal
Hawaii Consumer Advocate Supports Verizon Sale
Spectrum for Advanced Wireless Services

QUICKLY
Guidelines for Responsible Food Marketing to Children
E-rate Funds Coming Soon
Video-In-Car Plans Seen Hitting Some Roadblocks
Got an old PC? Don't trash it: Recycle it
Barely legal? Strip poker hits Cingular phones
Position Available: Media Access Project

BROADCAST LOCALISM

RECORDING ARTIST GROUPS CALL FOR MORE LOCAL RADIO
The Recording Artist Groups -- consisting of the American Federation of=20
Musicians, American Federation of Television and Radio Artists, Future of=20
Music Coalition, The
Recording Academy, and the Recording Artists' Coalition -- filed comments=20
in the FCC's localism proceeding. Their comments focus on: 1) Local=20
musicians=92 concerns about local programming and access to radio; 2) The=20
existence and impact of =93pay for play=94 business practices; and 3) The=20
domination of centralized programming masquerading as local programming=20
through insidious group owner innovations such as voicetracking. The=20
coalition calls upon the FCC to adopt A) a meaningful and effective license=
=20
renewal process which systematically evaluates the manner in which a=20
station has served the public interest through local programming; B) rules=
=20
that specifically prohibit payola practices; and C) standards by which the=
=20
Commission evaluates and measures the performance of stations under=20
license. In addition the coalition calls on the Commission to bring=20
low-power FM stations to more populated areas; view radio=92s transition to=
=20
digital audio broadcasting as an opportunity to recapture the inherent=20
value of broadcast radio by requiring incumbent licensees to expand access,=
=20
to increase the number of diverse voices on the air, and to meet local=20
communities=92 needs; and to reconsider the threat to localism inherent in=
=20
its loosened media ownership rules
[SOURCE: American Federation of Television and Radio Artists]
http://www.aftra.org/member/recording.htm
http://www.aftra.org/legislative/docs/localism_reply_comments_200500103.pdf

CLEAR CHANNEL DEFENDS ITS LOCALISM EFFORTS
In the Commission's proceeding on broadcast localism, a large coalition of=
=20
consumer groups told the FCC that big, consolidated corporations such as=20
Clear Channel suppress information or are biased in information=20
presentation. The group cited Clear Channel=92s alleged response to delete=
=20
the Dixie Chicks from the playlist on all stations after the lead singer=20
protested the invasion of Iraq. Clear Channel said that was a false=20
statement and that many listeners called and demanded that stations stop=20
playing the band=92s music. Moreover, Clear Channel told the FCC, localism=
=20
isn't in need of repair. Broadcast localism, Clear Channel wrote, is about=
=20
a station=92s responsiveness to the needs of the community, not the=20
equivalent of full, indiscriminate employment rights for air talent and=20
technicians.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

NAB SEES BENEFIT IN SINCLAIR FLAP
The National Association of Broadcasters has turned complaints over=20
Sinclair Broadcasting and Pappas Telecasting into arguments against new and=
=20
more specific government-mandated news and public affairs obligations.=20
Sure, there's a lot of logic in that, right? The broadcasters enraged the=20
public by trying to influence the outcome of recent elections. This is a=20
good thing? Sure, says the NAB. The fact that Sinclair only aired portions=
=20
of a controversial documentary, after pressure from advertisers and others,=
=20
and the FCC's decision to require Pappas to give money to candidates=20
running against people the broadcaster offered free time to, showed that=20
marketplace forces and current FCC regulations are sufficient. "Fair=20
evaluation of the ultimate resolutions of these two circumstances shows=20
that rule changes are not necessary," the NAB told the FCC.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA493132?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

NAB SLAMS ECHOSTAR CARRIAGE PROPOSAL
In comments to the FCC, EchoStar complained that stations serving as local=
=20
outlets of national programming should not get the same carriage rights of=
=20
stations providing local news and information in their home markets. The=20
satellite TV operator offered a content-for-carriage proposal, urging the=20
FCC to strip carriage rights from stations that failed to provide public=20
affairs and public service programming tailored to local viewers. Earlier=20
this week, the National Association of Broadcasters argued that federal law=
=20
does not authorize the FCC to deny satellite carriage to an otherwise=20
qualified station based on the content of the station=92s programming. The=
=20
NAB told the FCC that Congress knew that when it passed the satellite=20
carriage law, some TV stations did not provide locally originated=20
programming. The trade group said the fact that Spanish stations carried=20
national programming did not mean the stations were not serving local=20
Spanish-speaking viewers. Spanish programming, whether national or local,=20
has =93special importance=94 to Spanish speakers, the NAB said. The=
association=20
added that satellite carriage of all, rather than just a few, qualified=20
local stations would maintain the financial health of local TV stations so=
=20
that they could continue to serve consumers that chose not to subscriber to=
=20
=93costly cable and satellite service.=94
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA492885.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

BROADCASTING & ELECTIONS/POLITICS

DRUG CONTROL OFFICE FAULTED FOR ISSUING FAKE NEWS TAPES
The Government Accountability Office, the investigative arm of Congress,=20
has found that fake news reports produced and distributed by the Office of=
=20
National Drug Control Policy constituted illegal "covert propaganda." "You=
=20
think you are getting a news story, but what you are getting is a paid=20
announcement," said Susan A. Poling, managing associate general counsel at=
=20
the GAO. "What is objectionable about these is the fact the viewer has no=20
idea their tax dollars are being used to write and produce this video=20
segment." In May, the GAO concluded that the Department of Health and Human=
=20
Services violated two federal laws with similar fake news reports touting=20
the administration's new Medicare drug benefit. When that opinion was=20
released, officials at the drug control office decided to stop the=20
practice, spokesman Thomas A. Riley said. "Our lawyers disagree with the=20
GAO interpretation," he said. Nevertheless, if the video releases were=20
going to be "controversial or create an appearance of a problem," the=20
agency decided it was not worth pursuing, he said.
[SOURCE: Washington Post, AUTHOR: Ceci Connolly]
http://www.washingtonpost.com/wp-dyn/articles/A54651-2005Jan6.html
(requires registration)
NYTimes: http://www.nytimes.com/2005/01/07/national/07drug.html
In a related story see:
White House paid commentator to promote law
http://www.usatoday.com/printedition/news/20050107/1a_bottomstrip07dom.a...
tm

IT'S THE MEDIA, STUPID!
[Commentary] The reason that negative attacks could work so well for the=20
Bush campaign was the preexistence of a vast conservative media=20
infrastructure that serves as both an echo chamber for Republican messages=
=20
and a way to protect George W. Bush and other Republicans from attack.=20
Indeed, the conservative investment of tens of billions of dollars in media=
=20
over the past quarter century may be the biggest =AD and least reported =AD=
=20
money-in-politics story of modern American history. The conservatives=92=20
ability to saturate the airwaves with their version of reality has changed=
=20
how millions of Americans understand the world.
[SOURCE: Consortiumnews.com, AUTHOR: Robert Parry]
http://www.consortiumnews.com/2004/010505.html

STAPLES DENIES DISSING SINCLAIR NEWS
Office products chain Staples said Thursday that it has not adopted a=20
standing policy against advertising on Sinclair Broadcasting newscasts. The=
=20
company announced Tuesday that it was no longer advertising in Sinclair=20
newscasts as of Jan. 10. Media Matters for America had touted the move as a=
=20
response to its online campaign against the broadcaster, and a Staples=20
spokesman had confirmed that customer concern had partly prompted the=20
decision.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA493142?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

THE POLITICAL STANDARD -- DECEMBER ISSUE
Not available in stores! The December issue of The Political Standard=20
includes: 1) Local Stations Are Big Winners in Campaign 2004: TV=20
Broadcasters Rake in More than $1.6 Billion in Political Advertising. 2)=20
Reformers Set Sights on Upcoming Challenges: 527s, Presidential Public=20
Financing, FEC Reform and More on the Agenda for 2005. 3) Local, Network=20
News Tune Out Non-Presidential Candidates. 4) BCRA Regulations Improve=20
Disclosure, Help Voters Track Ad Sponsors and Campaign Spending.
Click your mouse now!
[SOURCE: Alliance for Better Campaigns]
http://www.bettercampaigns.org/standard/display.php?IssueID=3D46

POLICYMAKERS

HOUSE COMMERCE COMMITTEE PICKS 7 NEW MEMBERS
Republican Representatives Myrick (NC), Murphy (PA), Burgess (TX) and=20
Blackburn (TN) are likely to join the House Commerce Committee as are=20
Democrats Inslee (WA), Ross (Ark) and Baldwin (WI). Rep Myrick received=20
significant donations from RBOCs, according to the Center for Responsive=20
Politics (CRP). =93Telephone utilities=94 were the 6th largest donor to Rep=
=20
Myrick=92s 2004 campaign, giving $24,500. Rep Myrick has publicly urged the=
=20
FCC to act on broadband deregulation. He signed a letter to President Bush=
=20
that touted the job creation that would come from reducing regulations on=20
telephone carriers. Rep Myrick received $10,000 from SBC and $9,000 from=20
BellSouth, CRP reported, and $11,000 from the =93computer/Internet=94=
industry.=20
Microsoft ($69,000 for the 2004 election) was by far the biggest=20
contributor to Rep Inslee, according to CRP, while the next biggest=20
contributor was listed at $10,000. The =93computer/Internet=94 industry was=
=20
listed as the 2nd-largest donor to Rep Inslee, with $93,265 given. Telecom=
=20
service and equipment providers were listed as donating $6,500 to Rep=20
Inslee=92s campaign. CPR listed =93TV/Movies/Music=94 as donating $25,875 to=
Rep=20
Baldwin=92s campaign, along with $8,700 from the Communication Workers of=20
America and $6,000 from SBC.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

SENATE COMMERCE COMMITTEE APPROVES GUTIERREZ
On Thursday the Senate Commerce Committee announced it unanimously=20
recommended the confirmation of Kellogg Co. Chief Executive Carlos=20
Gutierrez as secretary of Commerce following a Wednesday hearing.
http://commerce.senate.gov/newsroom/printable.cfm?id=3D230477

FCC CHIEF BUOYS VOIP, SATELLITE RADIO
At the Consumer Electronics Show, FCC Chairman Michael Powell said the=20
Commission has no interest in regulating content on pay TV and radio=20
services. "I think it's a dangerous thing to start talking about extending=
=20
government oversight of content to other media just to level the playing=20
field," he said. Chairman Powell cited the fast-growing Internet telephony=
=20
industry as an endorsement of the FCC's new attitude against protectionism=
=20
and overregulation, saying the industry is taking off partly because the=20
agency put consumer interests ahead of those of traditional=20
telecommunications operators. "We should actually for once be proud of the=
=20
FCC," he said. "I think (VoIP) is the thing I'm most proud of in watching=20
the Commission go forward rather than backward." The switch from analog=20
television to digital high-definition signals is a frustrating issue given=
=20
that Federal laws set conflicting landmarks for requiring broadcasters to=20
make the switch, resulting in needless confusion for consumers, Powell=20
said. He said the FCC needs to decide by the end of the year when the=20
transition to all digital TV broadcasting should end.
[SOURCE: C-Net|News.com, AUTHOR: David Becker]
http://news.com.com/FCC+chief+buoys+VoIP%2C+satellite+radio/2100-7353_3-...
823.html?tag=3Dnefd.top

OPEN MEETING AGENDA -- 1/13/05
The FCC's open meeting on Thursday will focus on presentations by senior=20
agency officials regarding implementations of the agency's strategic plan=20
and a comprehensive review of FCC policies and procedures. Presentations=20
will be made in four panels: 1) The Chief of the Office of Strategic=20
Planning and Policy Analysis and the Managing Director. 2) The Chiefs of=20
the Wireless Telecommunications Bureau, the Office of Engineering and=20
Technology and the International Bureau. 3) The Chief of the Consumer &=20
Governmental Affairs Bureau, the Director of the Office of Workplace=20
Diversity and the Chief of the Enforcement Bureau. 4) The Chief of the=20
Media Bureau, the General Counsel and the Chief of the Wireline Competition=
=20
Bureau.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255929A1.doc
On Thursday, the FCC also released some reports:
* SEMIANNUAL REPORT OF FCC INSPECTOR GENERAL
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-255895A1.doc
* BIENNIAL REVIEW OF TELECOMMUNICATIONS REGULATIONS
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-24A1.doc
* CONSUMER AFFAIRS REPORT
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-19A1.doc
* ENFORCEMENT BUREAU REPORT
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-18A1.doc
* INTERNATIONAL BUREAU REPORT
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-22A1.doc
* ENGINEERING REPORT
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-17A1.doc
* WIRELINE REPORT
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-21A1.doc
* WIRELESS REPORT
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-20A1.doc

AN OBSCENE WASTE OF ENERGY
[Commentary] Congress and the Bush administration should abolish the=20
Federal Communications Commission. Because the FCC has become so=20
politicized and beholden to big business, it has ceased to be protector of=
=20
the airwaves, which are supposed to belong to the citizens of this country=
=20
(but most believe they belong to big business). The Commission's regulation=
=20
of broadcast content is censorship. If it were really interested in=20
protecting the public, the FCC would take on the issue of violence on TV,=20
which it doesn't consider indecent, instead of getting worked up over a tit=
=20
and profanity.
[SOURCE: Wired, AUTHOR: Adam Penenberg, assistant professor at New York=20
University]
http://www.wired.com/news/print/0,1294,66181,00.html

TELECOM

FCC MAY SEEK $500 MILLION FROM AT&T OVER PHONE CARDS
AT&T is the nation's second-largest seller of prepaid calling cards because=
=20
it offers low per-minute rates something it has accomplished by not paying=
=20
federally required fees to local phone companies for connecting its=20
intrastate calls and by not making contributions to a federal fund that=20
subsidizes phone and Internet service to rural areas, schools and=20
libraries. By its own estimates, AT&T has withheld payments totaling $500=20
million. But the Federal Communications Commission seems poised to rule=20
that AT&T now needs to pay the piper. FCC Chairman Michael Powell and=20
fellow Republican Kathleen Abernathy have signaled their support for such a=
=20
ruling, which would need one additional vote to be carried by the=20
five-member commission.
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo=20
annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB110505632712219478,00.html?mod=3Dtoda...
s_page_one
(requires subscription)
See also --
USAToday
http://www.usatoday.com/printedition/money/20050107/1b_attfees07.art.htm

ALLTEL PLANS TO BUY WESTERN WIRELESS IN $4 BILLION DEAL
Alltel, the country's sixth-biggest cellular carrier, is close to a deal to=
=20
acquire Western Wireless, a largely rural cellphone company, for roughly $4=
=20
billion. If the deal is completed, Alltel would remain the country's=20
sixth-largest cellular carrier, operating in various regions across the=20
country, with close to 10 million U.S. subscribers. Alltel would also take=
=20
on Western's more than one million subscribers overseas. Along with its=20
wireless service, Alltel also provides telephone, Internet and high-speed=20
data services in rural and suburban areas in 26 states, making it the=20
country's second-largest non-Bell local telephone company after Sprint,=20
with roughly three million land-line customers. The company's cellular=20
customers are scattered across the country, in markets including Phoenix;=20
Tampa, Fla.; Cleveland; New Orleans; Charlotte and Raleigh, N.C.; and=20
Charlottesville, Va. The deal could mark the beginning of a consolidation=20
of ownership among the country's smaller, regional carriers, which still=20
control about 20% of the nation's wireless subscribers.
[SOURCE: Wall Street Journal, AUTHOR: Jesse Drucker jesse.drucker( at )wsj.com]
http://online.wsj.com/article/0,,SB110501790439818676,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)
Also coverage in --
LA Times:
http://www.latimes.com/business/printedition/la-fi-alltel7jan07,1,274945...
ory?coll=3Dla-headlines-pe-business
NY Times:
http://www.nytimes.com/2005/01/07/technology/07phone.html
In a related story see:
Sprint, Virgin Weigh Wireless IPO Amid Resurgent Telecom Market
[SOURCE: Wall Street Journal, AUTHOR: Almar Latour almar.latour( at )wsj.com and=
=20
Jesse Drucker jesse.drucker( at )wsj.com]
http://online.wsj.com/article/0,,SB110505728722619515,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

HAWAII CONSUMER ADVOCATE SUPPORTS VERIZON SALE
Hawaii Consumer Advocate John Cole advised the Hawaii Public Utilities=20
Commission that state Division of Consumer Advocacy support of the proposed=
=20
$1.65 billion sale of Verizon Hawaii to the global private investment firm=
=20
The Carlyle Group. Carlyle and Verizon have agreed to the following terms:=
=20
1) Verizon Hawaii will provide $12 million to fund a customer-appreciation=
=20
bill credit equal to roughly one month's basic phone service for=20
subscribers. 2) Any transaction and transition costs incurred by Carlyle in=
=20
connection with the acquisition cannot be passed on to ratepayers. 3)=20
Carlyle will not file for a general rate increase before 2009 unless the=20
PUC finds a compelling reason for such a request. If Carlyle is able to=20
demonstrate a compelling reason for a rate increase before 2009, it must=20
make an additional equity investment in the telephone company equal to the=
=20
amount of the annual increase it wants from ratepayers. In addition, 67=20
percent of Carlyle's revenues from local directory operations would be=20
counted against its revenue requirement for purposes of calculating any=20
such rate increases. 4) Additional conditions deal with access to=20
information, reporting requirements, creditor access to pledged assets only=
=20
upon PUC approval, and the treatment of income tax expenses in future=20
proceedings.
http://www.state.hi.us/dcca/dca/index.html

SPECTRUM FOR ADVANCED WIRELESS SERVICES
The Commerce Department=92s National Telecommunications and Information=20
Administration (NTIA) sent federal agencies formal notification of their=20
new obligations under the Commercial Spectrum Enhancement Act. Thursday's=20
notification, contained in a letter from Assistant Secretary of Commerce=20
Michael Gallagher, requests that each affected agency submit its cost=20
estimate and timeline for relocation to NTIA by September 15, 2005. Radio=20
spectrum occupied by federal users will be auctioned to private users as=20
early as June, 2006, and costs of relocating incumbent users will for the=20
first time be funded by auction proceeds.
[SOURCE: National Telecommunications and Information Administration]
http://www.ntia.doc.gov/ntiahome/press/2005/auction_01062005.htm

QUICKLY

GUIDELINES FOR RESPONSIBLE FOOD MARKETING TO CHILDREN
The Center for Science in the Public Interest (CSPI) today released new=20
Guidelines for Responsible Food Marketing to Children, which call on food=20
manufacturers, broadcasters, restaurants, movie studios, and schools to=20
reform the way drinks, snacks, fast-food meals, and other foods are=20
marketed to kids. The Guidelines propose curbing certain marketing=20
techniques but unlike the food industry's self-imposed guidelines, CSPI is=
=20
proposing basic nutritional thresholds for determining which foods should=20
be marketed to kids in the first place. The Guidelines were developed with=
=20
input from experts from academia, government, and industry.
[SOURCE: Center for Science in the Public Interest Press Release]
http://www.cspinet.org/new/200501051.html
http://cspinet.org/marketingguidelines.pdf
See also --
CSPI Asks Nets to Trim Kids Ads
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA492714?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
* Washington Post
http://www.washingtonpost.com/wp-dyn/articles/A54915-2005Jan6.html

E-RATE FUNDS COMING SOON
The Universal Service Administrative Company announced that Wave 11 E-rate=
=20
Funding for Year 2004 will be issued on Tuesday, January 11, 2005. This=20
wave will include funding for approved Internal Connections requests down=20
to the 81% discount level. With this wave, the School and Libraries=20
Division of USAC expects to resume issuing biweekly funding commitment=20
decisions on FY2004 applications. There is no decision yet on whether funds=
=20
will be sufficient to fully fund Internal Connections requests with=20
discount percentages below 81%. Further information on funding requests=20
for Internal Connections below 81% will be posted to the USAC web site as=20
it becomes available. The issuance of this wave is consistent with HR 5419,=
=20
which President Bush has signed into law. Among other things, this law=20
provides a temporary suspension (through December 31, 2005) of the=20
Antideficiency Act as applied to the Universal Service Fund.
[SOURCE: Universal Service Administrative Company]
http://www.sl.universalservice.org/whatsnew/2005/012005.asp

VIDEO-IN-CAR PLANS SEEN HITTING SOME ROADBLOCKS
The fight for the next big entertainment market is shifting from the couch=
=20
to the car, but analysts say ambitious media companies aiming to roll out=20
video for automobiles face licensing and regulatory hurdles. For example,=20
Sirius Satellite Radio said it will beam video to cars in 2006, using=20
Microsoft software. But the Federal Communications Commission said it was=20
exploring whether such plans were permitted under Sirius' current=20
authorization or if it would require a new regulatory decision.
[SOURCE: Reuters, AUTHOR: Sue Zeidler]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DUSEJ222VXF1X0CRBAE...
A?type=3DtechnologyNews&storyID=3D7259600

GOT AN OLD PC? DON'T TRASH IT: RECYCLE IT
EBay unfurled an initiative Thursday to lead PC makers and environmental=20
groups in a major push to recycle more of the 400 million electronic=20
products that are trashed annually.
[SOURCE: USAToday, AUTHOR: Jon Swartz]
http://www.usatoday.com/printedition/money/20050107/ebay07.art.htm

BARELY LEGAL? STRIP POKER HITS CINGULAR PHONES
Could the indecency debate come to your cell phone? A tepid version of=20
strip poker for cell phones has debuted in the United States, and while=20
there's no nudity--on the screen, at least--the game's distributor is=20
preparing for complaints that it stretches the boundaries of good taste.
[SOURCE: C-Net|News.com, AUTHOR: Ben Charny]
http://news.com.com/Barely+legal+Strip+poker+hits+Cingular+phones/2100-1...
3-5515346.html?tag=3Dnefd.top

POSITION AVAILABLE: MEDIA ACCESS PROJECT
MAP has an immediate opening for a staff attorney. MAP represents public=20
interest clients before the FCC and federal courts to provide a voice for=20
the public interest in media and telecom policy. Candidates must have JD=20
and bar membership in good standing. Candidates must have at least two (2)=
=20
years experience and familiarity with FCC practice. See=20
http://www.mediaaccess.org/employment/StaffAttorney_announce.pdf for a job=
=20
description.
[SOURCE: Media Access Project]
http://www.mediaaccess.org/employment/#attorney
--------------------------------------------------------------
...and we are outta here. Have a great weekend; see you Monday.
--------------------------------------------------------------
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.
--------------------------------------------------------------

BROADCAST LICENSES
Free Press, NAACP Target TV License
Journalists Petition FCC to Challenge Fox License Renewal
Puerto Rican Media/Community Group Urges FCC to
Yank License of Univision Station in San Juan
Staples Shuns Sinclair News
Upton Plans to Reintroduce Indecency Legislation
Of Desperate Housewives and Desperate Regulators
Media Bureau Announces Requirement to File Radio
Joint Sales Agreements

MEDIA OWNERSHIP
Media: New Generations Steal The Show
Newspaper Domino Effect?
Times Co. to Buy Stake in Free Boston Paper
Why Can't I Be Comcast?

WIRELESS
Digital Democracy's Future Turns on Wireless Debate
Broadband Boondoggle in the Making
Consumers Gripe About Cell Phones in Survey
Cellphones, Net could have Saved Thousands from Waves
Wireless Industry Agrees to Study Standard to Boost Network Speed

HARDWARE
Why HDTV Hasn't Arrived In Many Homes
NCTA Wants to Talk Set-Tops with FCC

QUICKLY
Bell-Friendly IP-Video Bill Introduced
Verizon Applies for Cable Franchises in 3 States
Court Says RIAA Can't Subpoena ISPs Under DMCA
Nonprofits Receive $1 Million for Tech in Youth Civic Engagement,
At-Risk Youth & Homeless Programs
NAB Salutes Clear Channel Chief

BROADCAST LICENSES

FREE PRESS, NAACP TARGET TV LICENSE
As expected, media activists at Free Press and the National Association for
the Advancement of Colored People late Monday petitioned the Federal
Communications Commission to deny Media General's request for permission to
keep both WMBB-TV Panama City, Fla., and the Jackson County Floridan, one
of the market's daily newspapers. Free Press and NAACP said Media General
has given no compelling reason why it should receive a waiver from the
FCC's ban on crossownership of TV stations and newspapers in the same
market. The company purchased the station in spring 2000 and the Floridan
in September of that year thinking the FCC would relax media ownership
rules. "Media General took the risk of gambling that the
newspaper-broadcast crossownership rule would be repealed or modified
before the WMBB-TV license would come up for renewal. Media General lost
that bet," wrote lawyers for Free Press and NAACP. The groups noted that a
side benefit of an FCC order to divest one of the Panama City outlets would
be creating an opportunity for a minority owner to acquire the property.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA491352.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

JOURNALISTS PETITION FCC TO CHALLENGE FOX LICENSE RENEWAL
Two Tampa (Florida) TV journalists have challenged the broadcast license
renewal of WTVT Fox-13 asserting it deliberately broadcast false and
distorted news reports. In a petition filed at the FCC the two claim that
the licensee is not operating in the public interest and "lacks the good
character to do so." The challenge stems from what the reporters describe
as a year-long experience working at the station where they resisted their
managers who, they allege, repeatedly ordered them to distort a series of
news reports about the secret use of an artificial hormone injected in
dairy cattle throughout Florida and nationally. The petition also charges
WTVT violated federal rules about keeping viewer complaints and comments on
file. The reporters say no communication regarding the dispute over the
hormone story was found in the files even though there were several
examples of letters that should have been there, they said. "The public
interest is by law the primary obligation of every broadcaster who uses our
public airwaves to make their corporate fortune, especially when
broadcasting the news," said one of the reporters in a release.
[SOURCE: Tampa Bay Business Journal, AUTHOR: Alexis Muellner]
http://www.democracyinaction.org/dia/track.jsp?key=4880057&url_num=20&ur...

PUERTO RICAN MEDIA/COMMUNITY GROUP URGES FCC TO YANK LICENSE OF UNIVISION
STATION IN SAN JUAN
Citing "cultural insensitivity" and failure to live up to required local
broadcast standards, an alliance of Puerto Rican media unions and community
groups is urging the Federal Communications Commission to deny license
renewal to the island's largest television station, WLII in San Juan, which
is operated by U.S. media conglomerate Univision. The Alliance of Puerto
Rican Artists and Support Groups, whose acronym in Spanish is APAGA,
charged that Univision has all but dropped local production of telenovelas
and game shows in favor of canned programming from Mexico and Venezuela,
the source of most of Univision's production. Puerto Rican programming has
dropped from about 50 programs a week down to only three since Univision
took over in 2002 under a local marketing agreement with station owner
Raycom Media. Besides causing substantial job loss locally, the station's
shift to foreign news and entertainment programming has had an insulting
and damaging impact on Puerto Rico's culture and language, APAGA stated.
[SOURCE: Communications Workers of America Press Release]
(http://www.heritage.org/Research/InternetandTechnology/index.cfm)

STAPLES SHUNS SINCLAIR NEWS
Office supply products chain Staples is pulling its advertising from
newscasts on Sinclair Broadcast Group TV stations as of Jan. 10.
Anti-consolidation activist group Media Matters for America was trumpeting
the move, attributing it to its campaign against the broadcaster.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA491503.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
See MMFA press release:
http://sinclairaction.com/press_release_3.html
More coverage --
Washington Post:
http://www.washingtonpost.com/wp-dyn/articles/A48745-2005Jan4.html
LA Times:
http://www.latimes.com/business/printedition/la-fi-sinclair5jan05,1,7979...
Also see:
"The Point's" New Year's resolutions look an awful lot like the GOP's
http://mediamatters.org/items/200501040006

UPTON PLANS TO REINTRODUCE INDECENCY LEGISLATION
House Telecom Subcommittee Chairman Fred Upton (R-MI) will reintroduce
legislation aimed at increasing broadcast indecency fines. The legislation
passed in the House last year, but stalled in the Senate. The bill will
allow the FCC to fine on-air talent directly, a provision that sparked
controversy. The legislation would also institute a 180-day "shot clock"
for the FCC to decide on complaints. The bill would also make the FCC hold
a revocation hearing on any station cited 3 times for broadcasting indecent
content. Broadcasters fought this "3 strikes" rule hard in the Senate.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
See coverage in Broadcasting&Cable
http://www.broadcastingcable.com/article/CA491198.html?display=Breaking+...
See also --
Watch Your Language
Motley Crue rocker Vince Neil said the f-word on "The Tonight Show" Friday,
but after 10 p.m. -- outside the FCC's safe harbor for "decency." NBC
edited out the offending word for West Coast viewers. Still, given that
many kids get to stay up late on New Year's, some parents might have been
taken aback -- though unlike the Super Bowl fiasco, Neil's use of profanity
seems to have gone unnoticed by activist groups.
[SOURCE: Variety.com, AUTHOR: Josef Adalian jadalian( at )reedbusiness.com]
http://www.variety.com/index.asp?layout=story&articleid=VR1117915677&p=0...

OF DESPERATE HOUSEWIVES AND DESPERATE REGULATORS
[Commentary] Expect the Parents Television Council to target "Desperate
Housewives" for indecency complaints now that Nielsen television ratings is
the most popular broadcast-network television show with kids aged 9-12.
"I've always been particularly troubled by the fact that so many
conservatives, who rightly preach the gospel of personal and parental
responsibility about most economic issues, seemingly give up on this notion
when it comes to cultural issues," Thierer writes.
[SOURCE: Cato Institute, AUTHOR: Adam Thierer]
http://www.cato.org/dailys/01-04-05.html

MEDIA BUREAU ANNOUNCES REQUIREMENT TO FILE CERTAIN RADIO JOINT SALES AGREEMENTS
FCC rules require the filing of radio joint sales agreements (JSAs) that
result in attribution under the Commission's multiple ownership rules. So
parties with existing attributable JSAs in Arbitron Metro markets must file
such agreements with the Commission by February 22, 2005, and parties that
enter into such JSAs in the future must file the JSAs with the Commission
within 30 days of their execution. Upon filing, the JSAs will be placed in
the appropriate station license files and will be made available for public
inspection in the Commission's Reference Information Center.
(DA No. 04-4035). MB. Contact: H. Taft Snowdon at (202) 418-2742
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-4035A1.doc

MEDIA OWNERSHIP

MEDIA: NEW GENERATIONS STEAL THE SHOW
By all indications, 2005 will be a year in which just about every
traditional media company gives up market share to some next-generation
rival. Cable-TV operators will continue to lose subscribers to satellite,
and perhaps even to telephone companies. Networks will see even more
eyeballs defect to cable. And despite lawsuits and legal download sites,
the music industry will still confront more illegal downloads. The
challenges come in all shapes and sizes. Broadcast networks will look on as
they're zapped by a rising army of remote-wielding couch potatoes with
digital video recorders (DVRS). Film studios will see more movie-loving
teens forgo the neighborhood cineplex for video games and DVDs -- some of
which will play on new hardware platforms such as the Sony PlayStation
Portable, hitting the U.S. this spring. One immediate result of the
turmoil: consolidation.
[SOURCE: BusinessWeek, AUTHOR: Ronald Grover]
http://www.businessweek.com/magazine/content/05_02/b3915441.htm

NEWSPAPER DOMINO EFFECT?
Is consolidation of local newspaper ownership on the way? Is your hometown
newspaper subject to the same Darwinian economics that play out with other
industries, or does it provide a unique public service that merits special
treatment? "Newspapers are not just any other kind of business. They're
about manufacturing journalism and democracy, not just computer chips or
steel," said Jeffrey Chester, executive director of the Center for Digital
Democracy. "They're living, breathing institutions that are of critical
importance to the democratic process, and the consolidation of newspapers
is just an American tragedy." The net effect when bigger chains gobble
smaller ones is that readers get less local coverage and fewer independent
voices from their papers, Chester said. "The thing about companies like
Pulitzer is they're newspaper-oriented companies, companies that don't have
major television interests or other media interests," he said. "In essence,
what these companies are doing by selling to these big chains is throwing
good newspapers to the ravenous wolves like Gannett."
[SOURCE: Arizona Daily Star, AUTHOR: Thomas Stauffer tstauffer( at )azstarnet.com]
http://www.dailystar.com/dailystar/allheadlines/54932.php

TIMES CO TO BUY STAKE IN FREE BOSTON PAPER
The New York Times Co., owner of The Boston Globe, said it will buy a 49
percent stake in Metro Boston, the free newspaper distributed to commuters.
Under the accord, the Globe will provide nonexclusive news stories, much as
wire services now do, to the Metro, which will remain editorially
independent. Metro, launched in Boston in 2001 and now profitable,
distributes about 180,000 papers a day, reaching an estimated 300,000
readers. For about half its audience, Metro is the only paper they read.
Metropolitan newspapers in several markets, including Chicago, Washington,
and Dallas, have in recent years launched free papers similar to Metro, a
tabloid targeting young readers with short news stories and a heavy diet of
arts, entertainment, and lifestyle features.
[SOURCE: Boston.com, AUTHOR: Robert Gavin rgavin( at )globe.com]
http://www.boston.com/business/articles/2005/01/04/times_co_to_buy_stake...

WHY CAN'T I BE COMCAST?
[Commentary] I dream of having a bevy of high priced lawyers at my beck and
call that can swoop into small towns at the drop of a hat and intimidate
the locals. I want to develop the skill to talk out of both sides of my
mouth with ease and grace. I long to host a national political convention
just to remind the doubters which side their bread is buttered on. But more
than anything else, I want freebies! I want to have an ex-mayor now
governor in my hip pocket so that when the going gets tough I can get over
fifty million dollars in public subsidies and tax breaks to build a 57
story skyscraper tribute to myself in downtown Philly. But you can bet I
won't be a piggy about it, I'll actually create 600 jobs. And everyone will
be happy because those jobs only cost the Pennsylvania taxpayers ninety
thousand dollars a piece to create!
[SOURCE: Riedel Communications, AUTHOR: Bunnie Riedel]
http://www.riedelcommunications.blogspot.com/

WIRELESS

DIGITAL DEMOCRACY'S FUTURE TURNS ON WIRELESS DEBATE
Are Wi-Fi networks the future of digital democracy? By providing
inexpensive, high-speed access to the Internet, these networks defy spatial
boundaries and historical precedent. What makes wireless networks so
attractive is their openness, which blasts conventional concepts of
Internet access, mobility and cost. Wi-Fi spans uncharted territory in
networking, enabling people to send and receive information, often free of
charge, from anywhere within range of a Wi-Fi base connection -- a
coffeeshop, park, a house or street corner. On the ground, countless
nonprofit organizations, government agencies and corporations large and
small are racing to establish networks using wireless technology. In the
realm of policy, meanwhile, advocates are pushing to expand the unlicensed
electromagnetic spectrum for community use. In both arenas, groups
advocating for free public networks face resistance from corporate players
that have long dominated the nation's telecommunications landscape.
[SOURCE: MediaChannel.org, AUTHOR: Michelle Chen]
http://www.mediachannel.org/views/dissector/affalert305.shtml

BROADBAND BOONDOGGLE IN THE MAKING
[Commentary] The new Pennsylvania law which precludes any local
municipality from providing telecommunications services to its citizens is
a major speed bump on the road to providing broadband access to all
Americans. The law will have the effect of reducing competition while
slowing the availability of low-cost broadband access. If we are to ever
bring pervasive broadband access to the multitudes, cities should be able
to choose the best way to deliver broadband services to their citizens.
[SOURCE: C-Net|News.com, AUTHOR: Ron Sege, CEO of Troops Networks]
http://news.com.com/Broadband+boondoggle+in+the+making/2010-7351_3-55114...

CONSUMERS GRIPE ABOUT CELL PHONES IN SURVEY
More than half of U.S. consumers are less than satisfied with their mobile
telephone service and give the lowest ratings to providers involved in
large mergers, according to a Consumer Reports survey. Poor call quality,
difficulty comparing service plans and less than helpful customer service
were problems cited in a survey from the magazine's September survey of
39,000 people in 17 major cities. The survey results, which were largely
unchanged from a similar study a year earlier, will be published along with
a separate look at the merits and drawbacks of Internet-based telephone
services in Consumer Reports' February issue.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=Y0RPUUCJAU1UICRBAEOC...

CELLPHONES, NET COULD HAVE SAVED THOUSANDS FROM WAVES
Tens of thousands died from the tsunamis last week because they didn't know
what was coming. That's an information breakdown, not an act of nature. Why
didn't warnings race around the Web ahead of the tsunami? We live at a time
when news of Scott Peterson's guilty verdict can spread in minutes from
cellphone text messages sent from inside the courtroom to millions of
people across the planet. Yet no one took advantage of the Web as the
tsunami dashed toward shorelines. Information couldn't have stopped the
tsunamis from destroying cities and villages. Yet if it saved even 1% of
the lives, that's 1,500 people. More than likely, timely information
could've saved tens of thousands more.
[SOURCE: USAToday]
http://www.usatoday.com/printedition/money/20050105/maney05.art.htm

WIRELESS INDUSTRY AGREES TO STUDY STANDARD TO BOOST NETWORK SPEED
Some 26 wireless carriers and telecommunications-equipment makers --
including Cingular, Vodafone, Qualcomm, Lucent Technologies and Motorola
-- have agreed to study the development of advanced wireless technology to
greatly increase the speeds offered by wireless networks. Third-generation,
or 3G, cellular networks can relay information at speeds far faster than
dial-up Internet connections, and even sometimes are comparable with wired
digital subscriber lines. Services generally using one of two technologies
-- either UMTS or EV-DO. Both standards are based on the CDMA technology
developed by Qualcomm.
[SOURCE: Wall Street Journal, AUTHOR: Jesse Drucker jesse.drucker( at )wsj.com]
http://online.wsj.com/article/0,,SB110486572838716637,00.html?mod=todays...
(requires subscription)

HARDWARE

WHY HDTV HASN'T ARRIVED IN MANY HOMES
The Consumer Electronics Show opens tonight in Las Vegas. Shortcomings in
existing products, battles over technical standards and fear of video
piracy are slowing manufacturers' ability to deploy new technologies from
high-definition TV to home networking to interactive TV. But, hey, they're
working on it. (Just not very quickly.) Take, for example, the issue of
content compatibility. Imagine that a movie purchased from a Best Buy store
could only be played on a DVD player that also was bought at Best Buy --
and not on a player from Circuit City or Radio Shack. That is, in essence,
what is happening in online music, the first big digital-content
battleground. The only major paid download service that works with Apple
Computer's iPod device is Apple's own iTunes, because of the copyright
protection used by the computer maker. In July, a rival online music
service, RealNetworks, cracked the Apple system with a technology called
Harmony so that customers who bought songs from RealNetworks could play
them on an iPod. Apple has taken steps to modify its offerings to prevent
iPods from working with Harmony.
[SOURCE: Wall Street Journal, AUTHOR: Sarah McBride sarah.mcbride( at )wsj.com,
Phred Dvorak phred.dvorak( at )wsj.com & Don Clark don.clark( at )wsj.com]
http://online.wsj.com/article/0,,SB110488131948416964,00.html?mod=todays...
(requires subscription)
See more coverage of the CE Show --
* USA Today
http://www.usatoday.com/printedition/money/20050105/ces05.art.htm
http://www.usatoday.com/printedition/money/20050105/ces_side.art.htm
http://www.usatoday.com/printedition/money/20050105/ceshp.art.htm
* NYTimes
http://www.nytimes.com/2005/01/05/technology/05gadget.html

NCTA WANTS TO TALK SET-TOPS WITH FCC
National Cable & Telecommunications Association president Robert Sachs has
asked for a face-to-face meeting between Federal Communications Commission
chairman Michael Powell and some "technical and business leaders" before
the FCC decides whether to hold to a July 2006 deadline for making cable
operators deploy set-tops with separate security modules and
channel-surfing functions.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA491128.html?display=Breaking+...
http://www.multichannel.com/article/CA491129.html?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
Also see NCTA Press release:
http://www.ncta.com/press/press.cfm?PRid=563&showArticles=ok

QUICKLY

BELL-FRIENDLY IP-VIDEO BILL INTRODUCED
Reps. Cliff Stearns (R-Fla.) and Rich Boucher (D-Va.) Tuesday introduced
legislation from last year that would allow the Baby Bells to offer
Internet-protocol video free from traditional state and federal regulation.
The bill specifically shields IP-video providers from federal and state
regulation -- a deregulatory step that would seem to support SBC
Communications effort to offer pay-video services in competition with cable
without local franchises. The bill, first unveiled last July, is designed
to be a marker as Congress gives consideration to legislation that would
update the Telecommunications Act of 1996.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA491504.html?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

VERIZON APPLIES FOR CABLE FRANCHISE IN 3 STATES
Verizon has been quietly applying for cable franchises as part of a plan
seeking interim regulatory relief for broadband services until the FCC
establishes an appropriate regulatory framework. The company is building
fiber networks out to homes and plans to provide commercial video as well
as videoconferencing, security services and enhanced services for the
disabled such as real-time signing for the hearing-impaired.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)

COURT SAYS RIAA CAN'T SUBPOENA ISPS UNDER DMCA
The Recording Industry Association of America can't force ISPs to divulge
the identity of customers under the Digital Millennium Copyright Act, the
U.S. 8th U.S. Appeals Court, St. Louis, ruled Tuesday. The ruling
overturned a lower court decision, deciding whether the law can be used to
subpoena names, addresses and phone numbers of illegal file sharers.
[SOURCE: Communications Daily, AUTHOR: Randy Barrett]
(Not available online)
See coverage in Multichannel News
http://www.multichannel.com/article/CA491528.html?display=Breaking+News&...

NONPROFITS RECEIVE $1 MILLION FOR TECH IN YOUTH CIVIC ENGAGEMENT, AT-RISK
YOUTH & HOMELESS PROGRAMS
Nearly 50 community-based organizations from across the U.S. have received
nearly $1 million in grants through two unique capacity-building programs
designed by the CTCNet. Grants and technical assistance totaling $750,000
have been awarded to 37 Massachusetts community-based organizations meeting
the needs of
at-risk youth and homeless individuals, including people with disabilities,
through Connections for Tomorrow (C4T), a three-year collaboration with the
Alliance for Technology Access http://www.ataccess.org and TechMission
http://www.techmission.org.
[SOURCE: CTCNet Press Release]
http://www.ctcnet.org/index.htm

NAB SALUTES CLEAR CHANNEL CHIEF
Which one is not like the others? Edward R. Murrow, Bob Hope, Walter
Cronkite, Oprah Winfrey, Clear Channel Lowry Mays. Sorry, trick question.
They are all the National Association of Broadcasters' "Distinguished
Service Award" which recognizes broadcasters "who have made significant and
lasting contributions to the broadcasting industry." Clear Channel is the
largest radio station owner in the country with over 1,200 outlets, which
has brought it under fire from anti-media consolidation activists who argue
that such concentration is at odds with "local" broadcasting. The award
will be given April 18 in, where else, Las Vegas.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA491203.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
See the NAB press release
http://www.nab.org/Newsroom/PressRel/n2005/nab2005_dist_service_award.htm
--------------------------------------------------------------
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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.
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