August 2005

Who We Are

Charles Benton founded the Benton Foundation in 1981 and served as its chairman until his death in 2015. Read about his full life.
Staff

Adrianne B. Furniss, Executive Director
Kevin Taglang, Executive Editor, Communications-related Headlines
Robbie McBeath, Writing Associate, Communications-related Headlines
Dr. Colin Rhinesmith, Benton Faculty Research Fellow
Kip Roderick, Operations Director

Board of Directors

Leonard Schrager, Chairman
Robert A. Cohen, Secretary
Michael Smith, Treasurer
Austin A. Hirsch, Counsel
Elizabeth Daley
Adrianne Benton Furniss
Terry Goddard
Joanne Hovis
Jim Kohlenberger
Handy L. Lindsey, Jr.

Trustees

Marjorie C. Benton, Adrianne Benton Furniss and Leonard Schrager.

Adrianne Benton Furniss
Adrianne is Executive Director, Board Member and Trustee of the Benton Foundation, a private operating foundation with offices in Evanston, IL, and Washington, DC. Adrianne spent her professional career in the media business, specializing in distribution and marketing strategies, management, strategic planning and acquisitions. For 13 years, she worked at Chicago-based Home Vision Entertainment (HVe), a publisher and distributor of classic and independent films on DVD, where she rose from Executive Vice President to President/CEO and majority owner before selling the business in 2005. Before that, Adrianne spent fourteen years in New York City, the last eight travelling the world for Children’s Television Workshop (now Sesame Workshop) where she served as VP of International Television. In addition to the Benton Foundation, Adrianne serves on the Board for the not-for-profit documentary film and media arts company, Kartemquin Films, based in Chicago; and on the Board of Advisors for the Coalition for Local Internet Choice (CLIC), which represents a wide range of public and private interests who support the authority of local communities to make the broadband Internet choices that are essential for economic competitiveness, democratic discourse, and quality of life in the 21st century. Adrianne received her BA at Yale University in Art History and an MA in Radio, TV and Film from Northwestern University.

Kevin Taglang, Executive Editor, Communications-related Headlines
With over 20 years of experience in the field, Kevin Taglang leads Benton’s work monitoring, analyzing and articulating the public interest stake in telecommunications legislation, regulation, and policymaking. Kevin manages and develops Benton’s online and print publications.

Robbie McBeath, Writing Associate
Robbie McBeath graduated from the University of Illinois with a degree in Media Studies in 2013. In college, he interned with the Office of Legislative Affairs at the Federal Communications Commission. He recently fulfilled a year of service as an AmeriCorps VISTA, where he led a program to reduce local poverty by increasing the tech capacity of nonprofits at the Open Media Foundation in Denver, CO. He hopes to have a career working with community organizations to craft communications policy that works to reduce the digital divide, foster media literacy programs, and expand the discourse around social issues and technology. He enjoys reading works by David Foster Wallace, watching the Twilight Zone, and listening to the band Rush. He is eagerly awaiting another Chicago Cubs championship.

Dr. Colin Rhinesmith, Benton Faculty Research Fellow
Dr. Rhinesmith conducts original Benton research as well as advises the foundation on new research opportunities. Rhinesmith is an assistant professor in the School of Library and Information Science at Simmons College and a faculty associate with the Berkman Klein Center for Internet & Society at Harvard University. His research interests are focused on the social, community, and policy aspects of information and communication technology, particularly in areas related to digital inclusion and broadband adoption. Recent research looks at how community anchor institutions promote digital equity in low-income areas through low-cost broadband, digital literacy training, low-cost devices, and public access computing. Rhinesmith received his Ph.D. from the Graduate School of Library and Information Science at the University of Illinois at Urbana-Champaign, where he was a Research Scholar with the Center for Digital Inclusion and a U.S. Institute for Museum and Library Services-funded Information in Society Fellow. He received his B.A. and M.A. in Media Studies from Emerson College. Previously, Rhinesmith was a Google Policy Fellow and an Adjunct Research Fellow with the Open Technology Institute at the New America Foundation in Washington, D.C.

Kip Roderick, Operations Director
Kip Roderick was appointed Operations Director in 2015, assuming increased responsibilities in financial, facilities and personnel administration, following 10 years of service as Office Manager and Executive Assistant for the Benton Foundation. Working closely with Charles Benton for many years, Kip has developed a strong passion for promoting the power of media and communications to serve all citizens and he is proud to be part of the Benton Foundation team. Kip holds a Master’s Degree in Nonprofit Management and has prior work experience with Public Media Inc./Home Vision Entertainment, and Near North National Group. He is married to Regina Roderick and they have two sons, Oliver and Noah.

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Leonard J. Schrager
Leonard J. Schrager has been a leader in the Chicago legal community for more than 30 years. He is a founder and former senior managing partner in the Chicago law firm of Sachnoff, Schrager, Jones, Weaver and Rubenstein, Ltd., now known as Reed Smith LLP. He has served as a hearing panel member for the Attorney Registration and Disciplinary Commission, and most recently has chaired the Judicial Performance Commission of Cook County, evaluating judges running for retention. Schrager was a Professor and Dean at Chicago’s John Marshall Law School and is now Dean Emeritus. Schrager has been a Benton Foundation trustee since its inception in 1981.

Robert A. Cohen
Robert A. Cohen is a leading media management consultant with extensive executive and operations experience. He specializes in developing profitable business strategies for existing digital and print businesses, launching and repositioning media brands, integrating print and digital media, and improving subscription, membership, and retail sales for websites, magazines, newspapers, newsletters and other properties. Cohen has particular expertise with early-stage print and digital businesses, as well as in-depth knowledge of entrepreneurial companies’ approaches to sharpening their competitive edge and reaching their next level of growth through the design and implementation of new content, ad sales, and circulation strategies. Over almost 40 years, he has worked with Rodale Press, Scientific American, Esquire, American Heritage, Scholastic, Audubon, Mondadori (Milan), Groupe Expansion (Paris), International Herald Tribune, New England Journal of Medicine, and Harvard Business Review. He has also held executive positions at LPI Media, the publishing arm of PlanetOut, Inc., Primedia Consumer Magazines, and The New Republic, among others. Born and raised in Chicago, Bob received his BA in Psychology from Yale University and his MBA from the Harvard Business School.

Michael Smith
Michael Smith is a senior executive with more than thirty years of experience leading consumer products companies, including emerging companies and those experiencing financial difficulties. He is currently the COO/CFO of Marbles The Brain Store, a developer, wholesaler and retailer of games designed and selected to stimulate and enhance brain health. Previously, he was CEO of Collins Brothers, LLC, a leading distributor of mixers, garnishes, accessories and retail supplies to the retail liquor industry and COO of Revolution Dancewear, a private-equity backed designer and wholesaler of dancewear and recital costumes. Michael also has provided senior leadership to publicly-traded companies, serving as Senior Vice President and CFO of Cobra Electronics Corporation. He has provided investment banking and turnaround advisory services to middle market companies, including sales, acquisitions and recapitalization transactions. Michael has an MBA in Finance from George Washington University and a BA in Economics from University of Miami.

Elizabeth Daley
Elizabeth Daley was appointed dean of the USC School of Cinematic Arts in May 1991. She is the inaugural holder of the Steven J. Ross/Time Warner Dean's Chair. Since becoming dean, Daley has strengthened the school's academic programs, infrastructure and ties with the entertainment industry and media arts community. Under her leadership, the school has added two new divisions in animation & digital arts and interactive media, built the Robert Zemeckis Center for Digital Arts, installed 13 endowed chairs and formed successful partnerships with a variety of entertainment and technology companies. Daley also serves on the boards of AVID Technologies, the Center for Governmental Studies, the Digital Coast Roundtable, Operation Smile Board of Governors, the Visual Effects Society Advisory Council, Fondazione Azzurra, The Red Sea Institute of Cinematic Arts, the Warner Brothers Historical Foundation, and advisory boards at USC for KUSC Radio and the Institute of Creative Technologies. Daley earned a Ph.D. from the University of Wisconsin and M.A. and B.A. degrees from Tulane University and Newcomb College.

Terry Goddard
Terry Goddard, Arizona Attorney General (2003-11), was previously Arizona state coordinator for the U.S. Department of Housing and Urban Development. In 1983 he was elected mayor of Phoenix and reelected three times. Under his leadership, Phoenix won All-America City honors and rediscovered its downtown. Terry helped lead passage of two significant bond issues totaling nearly $2 billion, including funding for major public cultural assets, including a science museum, restored Art Deco theater, history museum, and significantly expanded art museum.

In 1989, Terry was elected president of the National League of Cities. He has served on the boards of the National Trust for Historic Preservation, the Arizona Theatre Company, the Cosanti Foundation, and of the Federal Home Loan Bank of San Francisco. He taught graduate courses at the Arizona State University College of Architecture on urban housing policy and on public participation in local government decision making at the College of Public Programs, and was a Wasserstein Fellow at Harvard Law School. In addition to the Benton Foundation, he currently serves on the boards of the Grand Canyon Trust and the American Immigration Council. He is a lawyer in private practice with the international firm Dentons.

Austin Hirsch
Austin Hirsch has engaged in the practice of law since 1973. He spent most of his professional career with with Sachnoff & Weaver, rising to CEO and Managing partner. In 2007, Sachnoff & Weaver combined with Reed Smith and Hirsch joined the Executive Committee and Chaired the Finance Committee. His practice, including distribution and technology companies, encompasses all aspects of business law -- such as mergers and acquisitions with both financial and strategic parties, corporate and real estate finance, venture capital transactions, partnership and joint ventures, and international transactions, with particular emphasis advising significant, privately owned companies. Also, he focuses on sophisticated tax and trust planning for business owners, families and individuals. In addition to his legal work, Hirsch is a Member of the Board Executive Committee and Secretary/Treasurer of the Bulletin of Atomic Scientists, and a Member of the Board Executive Committee and President of SelfHelp Home.

Joanne Hovis
Joanne Hovis is President of Columbia Telecommunications Corp. (CTC), a national, public interest, communications engineering and consulting firm. She is an attorney with a background in communications and commercial litigation. Ms. Hovis is a recognized authority on the broadband market and community broadband topics—and on the evolving role of government in the provision of communications services to the public. Ms. Hovis is widely recognized for her recent policy analysis and recommendations (published by the New America Foundation) regarding the Recovery Act's broadband programs. She has also advised numerous foundations and policy non-profits regarding broadband. Ms. Hovis leads the CTC team that advises the cities of San Francisco, Washington, D.C., and Seattle regarding fiber-to-the-premises networking. She also advises a number of universities regarding broadband planning. At CTC, Ms. Hovis leads the company's work for non-profit associations and oversees CTC's educational offerings and training programs, which are offered by several universities. Ms. Hovis has authored extensive white papers on communications topics for government agencies and non-profit organizations. Ms. Hovis serves as President-Elect on the Board of Directors of NATOA, which represents local governments and promotes community interests in communications matters. Ms. Hovis previously worked as an attorney with Jenner & Block, in Chicago, and Mintz, Levin, Cohn, Ferris, Glovsky & Popeo P.C., in Washington, D.C. At those firms, she worked on complex communications and litigation projects for such clients as Salomon Brothers, AOL, and Turner Broadcasting.

Jim Kohlenberger
The Benton Foundation is honored to announce that former White House staffer Jim Kohlenberger has agreed to join our Board of Directors. Most recently, Kohlenberger served as Chief of Staff of the White House Office of Science and Technology Policy (OSTP) under Director Dr. John Holdren. While in the White House, he helped craft the President’s innovation strategy, advanced policies to help spur a mobile broadband revolution through spectrum reform, worked to secure cyberspace, helped put the U.S. space program on a bold new course for the future, and sought to harness innovation as an engine of economic growth and opportunity for all Americans. From 2004-2008, Kohlenberger was a Senior Fellow at Benton. In that position, he guided Benton's media policy work and strengthened the foundation's collaborations in the field. Kohlenberger headed Benton's advocacy for universal, affordable broadband, tangible public interest obligations for digital broadcasters, diversified media ownership and open communications networks. Previously, Kohlenberger helped shape the Clinton Administration's approach to the Internet. He served as Vice President Al Gore's senior domestic policy adviser and worked to help pass and implement the Telecommunications Act of 1996. Before joining OSTP, Kohlenberger was executive director of the Voice on the Net (VON) Coalition, and ran his own innovation focused consulting practice. In his new role, Kohlenberger will assist in the governance of the Benton Foundation. In addition, he will join the Board's Program Committee, headed by Elizabeth Daley, dean of the School of Cinematic Arts, University of Southern California.

Handy L. Lindsey, Jr.
Handy Lindsey has thirty plus years of leadership experience in professional philanthropy. He joined the staff of The Ruth Mott Foundation of Flint Michigan in September 2014 as its President. Handy has served as President of The Cameron Foundation of Petersburg, Virginia, (2004-2013), and President of the Field Foundation of Illinois in Chicago (1997-2004) after being its Executive Director and Treasurer (1988-1997). Prior to that, he was Assistant Director of the Chicago Community Trust (1980-88). While at the Trust he served as a “loaned executive” first as Executive Director of the Chicago Area Foundation for Legal Services and then as Interim Executive Director of the East St. Louis Community Foundation. Handy has extensive nonprofit governance experience having served on the board of directors of more than two dozen civic organizations, policy institutes, and professional associations of philanthropy, most in leadership roles such as member of the executive, management committee or chairman. Immediate past experience includes four years as a member of the executive committee of the Southeastern Council of Foundations and two years as chairman of Grantmakers for Effective Organizations. Handy studied at the University of Chicago where he earned an M.B.A. from the Booth School of Business, an M.A. from the School of Social Services Administration, and an undergraduate degree in Sociology. In 2013, Handy initiated an independent consulting practice that focuses on coaching for executive effectiveness and advising foundations in matters of organizational development, program planning and implementation, strategic grantmaking and capacity building for nonprofit excellence.

Woodward Wickham
Woody passed away January 18, 2009, read more

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Benton's Communications-related Headlines For Thursday August 18, 2005

COMMUNICATIONS POLICY REFORM
New CRS Report on Telecom Reform Legislation
Media Ownership Proceeding Soon, Say Industry Sources

MEDIA
A New Media Order
Fair? Balanced? A Study Finds It Does Not Matter
Captioners Busy as Broadcasters Cope with New FCC Rules
Ready To Learn Grants Announced
Radio Free America
VOD Software To Include Nielsen Codes

TELECOM
State Action on Telecom Mega-Mergers
Sprint Braces for Affiliate Fight
Industry Calls For Slower E911 Sked
Contracts Lock Phone Users in Cell Block

QUICKLY -- E/I Bug Deadline Set for Sept. 19; New N.Y. law targets hidden
Net tolls; California Considers Tax Breaks for Filming

COMMUNICATIONS POLICY REFORM

NEW CRS REPORT ON TELECOM REFORM LEGISLATION
A new report from the Congressional Research Service analyzed options for
telecom reform in Congress and at the FCC, assessing levels of support and
dissent among industry players and political constituencies. The report
cited 2 main public policy issues: 1) Devising the best regulatory
framework for encouraging investment and innovation in the broadband
network and applications riding over the network. 2) Deciding whether the
government should intervene in rural markets by expanding universal service
to include access to broadband networks at affordable rates. Despite
widespread consensus that today's statutory and regulatory framework for
telecom is ill-suited for the market, there's disagreement about how to fix
it, the report said. A key barrier is deciding if an information service is
purely an information service or has a telecom component invoking more
rigorous regulation. The report also identified two challenges to Congress
in tackling a telecom law update: 1) Creating a regulatory framework that
market changes won't render obsolete and 2) Identifying regulatory elements
suitable for handling at the state and local level versus those that should
be centralized, the report said. To enhance broadband competition, the
report said, intramodal competition will continue to be important,
especially for large business markets. On DTV transition, the report said
Congress should leave multicasting to the FCC to "study and construct
recommendations for rules (and, if necessary, statutory changes) to address
the potentially related issues of mandatory carriage of multiple broadcast
signals and better serving the needs and interest of viewers in different
governmental jurisdictions." This is likely to give momentum to political
forces seeking to address the multicasting issue as a "study item" in DTV
legislation.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)

MEDIA OWNERSHIP PROCEEDING SOON, SAY INDUSTRY SOURCES
Industry sources are telling Communications Daily that FCC Chairman Kevin
Martin will issue a notice of proposed rule making on media ownership rules
within the next 30-60 days. The aim is to have new rules in place by Spring.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

MEDIA

A NEW MEDIA ORDER
The 2005 edition of investment banker Veronis Suhler Stevenson's annual
Communications Industry Forecast was released earlier this week and it
concludes that the industry has effectively reached a "new order" that
shifts power to consumers from advertisers, and to new media from
traditional media. The report estimates that new media accounted for 16.7
percent of all advertising spending last year--up from only 10.3 percent in
the report's baseline year, 1999. Ad spending in the new media -- which VSS
defines as cable and satellite television, satellite radio,
business-to-business e-media, consumer Internet, movie screens, and video
games -- is growing at double-digit rates, while traditional media are
rising only at single-digits. As a result, VSS projects that new media will
account for 26.3 percent of all ad spending by 2009 -- an estimate some new
media pundits might find conservative, given the rapid shifts in digital
technologies. VSS says the forces driving change are clear: the expansion
of digital media technologies, the shift toward consumer control of
media--especially media supported primarily by consumer spending--and a
shift toward greater return on investment in marketing that is driving
advertisers to use greater shares of new media.
[SOURCE: MediaPost, AUTHOR: Joe Mandese]
http://publications.mediapost.com/index.cfm?fuseaction=Articles.san&s=33...

FAIR? BALANCED? A STUDY FINDS IT DOES NOT MATTER
A new study by Stefano DellaVigna of the University of California, Berkeley
and Ethan Kaplan of the Institute for International Economic Studies at
Stockholm University finds that the advent of the Fox News Channel, Rupert
Murdoch's cable television network, has had no detectable effect on which
party people voted for, or whether they voted at all. Because Fox News
started just before the presidential election in 1996 and was hardly
available at the time of that election, a major question is whether the
introduction of Fox in a community raised the likelihood that residents
voted for George W. Bush over Al Gore in the 2000 election, as compared
with the share who voted for Bob Dole over Bill Clinton in the (pre-Fox)
1996 election. Disregarding third-party candidates, Professors DellaVigna
and Kaplan found that towns that offered Fox by 2000 increased their vote
share for the Republican presidential candidate by 6 percentage points (to
54 percent, from 48 percent) from 1996 to 2000, while those that did not
offer Fox increased theirs by an even larger 7 percentage points (to 54
percent, from 47 percent). Why was Fox inconsequential to voter behavior?
One possibility is that people search for television shows with a political
orientation that matches their own. In this scenario, Fox would have been
preaching to the converted. This, however, was not the case: Fox's viewers
were about equally likely to identify themselves as Democrats as
Republicans, according to a poll by the Pew in 2000. Professors DellaVigna
and Kaplan offer two more promising explanations. First, watching Fox could
have confirmed both Democratic and Republican viewers' inclinations, an
effect known as confirmatory bias in psychology. The professors' preferred
explanation is that the public manages to "filter" biased media reports.
Fox's format, for example, might alert the audience to take the views
expressed with more than the usual grain of salt. Audiences may also filter
biases from other networks' shows. The tendency for people to regard
television news and political commentary as entertainment probably makes
filtering easier. Fox's influence might also have been diluted because
there were already many other ways to get political information.
[SOURCE: New York Times, AUTHOR: Alan B. Krueger]
http://www.nytimes.com/2005/08/18/business/media/18scene.html
(requires registration)

CAPTIONERS BUSY AS BROADCASTERS COPE WITH NEW FCC RULES
There are 28 million deaf or hard of hearing people in the U.S., according
to the National Assn. of the Deaf, which joined other advocacy groups in
petitioning the FCC to improve closed captioning rules and beef up
enforcement. In July the FCC said it would seek comment on its closed
captioning rules, especially the need for standards on the technical
capability of captioning, such as transcription accuracy. The Commission
also said it would ask about the need for more procedures to prevent or
remedy technical problems. A notice of inquiry hasn't been listed in the
Federal Register yet, so there's no indication of when comments and replies
are due. A Jan. 1, 2006 deadline is nearing for non-exempt new programming
to be captioned in the top 25 markets. As a result, caption providers have
seen their business grow. "Our business has naturally been growing by 50%
to 75%," said Jay Feinberg, dir.- mktg. services at the National Captioning
Institute. But broadcasters said closed captioning rules are burdensome and
confusing. In June alone, the FCC denied at least 12 bids for exemption
from compliance. Petitioners claimed captioning would be an undue financial
burden. Local stations typically pay $100 per hour for closed captioning,
Feinberg said. And real-time captioning has an inherent delay. Typically,
broadcasters send caption providers programs they want captioned, such as
soap operas or daytime shows. But for emergency coverage, there can be a
lag of 15 to 30 min. before captioning begins, Feinberg said.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

READY TO LEARN GRANTS ANNOUNCED
On Wednesday, the Department of Education announced $23 million in "ready
to Learn" grants. The Corporation for Public Broadcasting and PBS will
co-manage $15.8 million, of which $11.8 million will be used to develop
children's programming. CPB was also awarded $4 million for outreach
efforts. The grants will support existing kids' educational shows like
Sesame Street and Between the Lions. CPB and PBS will also develop new
programs with an eye toward interactive elements, including web content,
teacher and parent materials, and multimedia platforms for handheld
devices. WTTW Chicago, which submitted a proposal separately from that of
CPB and PBS, received $7.4 million. WTTW will use its grant for a new
children's public television series, Word World, to premiere January 2007.
[SOURCE: Broadcasting&Cable, AUTHOR: ]
http://www.broadcastingcable.com/article/CA635866?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* See Department of Education Press Release:
http://www.ed.gov/news/pressreleases/2005/08/08172005.html

RADIO FREE AMERICA
Low-power radio stations are the most local form of community radio and are
often run by volunteers producing their own unique shows. Broadcasting at
100 watts or less, stations usually only have a radius of about 3.5 miles.
These tiny stations will never be able to compete with giants like Clear
Channel, but that's precisely the point. By positioning itself as a local
media supplement rather than a full-blown competitor, Low-Power FM, or
LPFM, has been able to gain support from grass-roots organizers and
legislators alike.
[SOURCE: American Prospect, AUTHOR: Alyson Zureick]
http://www.prospect.org/web/page.ww?section=root&name=ViewWeb&articleId=...

VOD SOFTWARE TO INCLUDE NIELSEN CODES
Nielsen took a technological step forward Wednesday in its march to measure
video-on-demand viewership, announcing a collaboration with software
company Anystream. Nielsen "watermarking" technology will be built in to
Anystream's Agility software, allowing cable operators, content providers
and distributors to encode audio cues into VOD programming. The programming
can then be tracked by the ratings company's "active/passive" meters, which
detect the audio codes. Nielsen will measure the viewership of VOD
programming in a seven-day window after the programming airs on traditional
television. By the end of next year, Nielsen plans to measure VOD
viewership of movies, pay-per-view events and older TV shows.
[SOURCE: Broadcasting&Cable, AUTHOR: Joel Meyer]
http://www.broadcastingcable.com/article/CA635703?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

TELECOM

SBC-AT&T GETS NJ OKAY, BUT VERIZON-MCI SEES STAFF OPPOSITION IN VA
On Wednesday, The New Jersey Board of Public Utilities approved the
AT&T-SBC merger provided the merged company keeps the AT&T Labs, AT&T
Network Operations Center and AT&T Enterprise Operations in the state. SBC
committed to doing so. Meanwhile, the Virginia Corporation Commission staff
advised against approving the Verizon-MCI merger because the application
"provides little, if any, Virginia-specific information or economic studies
on which the Commission can make a determination" about whether the deal
will jeopardize adequate service at reasonable rates for the public. The
staff said the companies haven't met the burden of proof that the merger
will specifically benefit Virginia citizens. The staff recommended either
denial without prejudice so the companies can refile with the additional
information, or imposition of four major conditions: 1) Subject Verizon's
intrastate long distance services to the same monitoring and reporting
requirements imposed on interexchange carriers. (2) Require Verizon to
resolve service complaints within 10 business days, when possible. (3)
Require that Verizon treat MCI as a nonaffiliated competitor for purposes
of making local interconnection agreements and for conducting the
high-capacity UNE wire center impairment analysis required by the FCC
Triennial Review Remand Order. (4) Require that Verizon track and report
the Va.-specific merger cost savings for 3 years.
[SOURCE: Communications Daily, AUTHOR: Herb Kirchhoff]
(Not available online)

SPRINT BRACES FOR AFFILIATE FIGHT
Nextel Partners, a so-called affiliate operator of Nextel, provides
wireless service to 1.8 million customers in smaller cities and towns using
Nextel's brand name and airwaves. It has a market capitalization of $7.1
billion and, under an agreement originally signed with Nextel, Nextel
Partners has an option that gives it the right to force the newly merged
Sprint Nextel to buy it out. In a filing with the Securities and Exchange
Commission yesterday Sprint Nextel began building a case for paying far
less than the current stock price for the nearly 69% of Nextel Partners
that it doesn't already own. Sprint contends that the stock price has been
inflated by takeover speculation. Nextel Partners is the only affiliate
that has the right to make Sprint Nextel buy it out. But people familiar
with the matter said some smaller affiliates, some of which are closely
held, may end up being acquired by Sprint Nextel through negotiation. One
former Sprint affiliate, U.S. Unwired Inc., already has parlayed a suit
against the nation's third-largest wireless carrier into a $1.3 billion
buyout deal. The remaining publicly traded affiliates are: Alamosa Holdings
Inc., iPCS Inc., IWO Holdings Inc., and UbiquiTel Inc.
[SOURCE: Wall Street Journal, AUTHOR: Shawn Young shawn.young( at )wsj.com]
http://online.wsj.com/article/0,,SB112429808949315728,00.html?mod=todays...
(requires subscription)

INDUSTRY CALLS FOR SLOWER E911 SKED
The FCC needs to slow what it has called an "aggressively short" timetable
for mandating emergency dialing capabilities for Internet telephones, most
communications companies argue. Further, industry and nonprofit groups that
submitted comments to the agency by this past Monday's deadline said the
FCC should be cautious about requiring location tracking technology within
computing devices, for reasons affecting both technological innovation and
privacy. The comments focused primarily on the agency's tentative proposals
to go further than its June order giving providers of voice-over-Internet
protocol 120 days to connect to traditional telephones -- in order to offer
"enhanced 911" service, or E911. Such services direct public safety
officials to the locations of people placing emergency calls via both
traditional lines, as well as Internet or cellular telephones. The deadline
is Nov. 28, 120 days from the regulation's effective date, as determined by
its publication in the Federal Register.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-XCPZ1124309336605.html
See also --
For community stations, group signals a beginning
A look at the work of the Prometheus Radio Project creating low power radio
stations.
[SOURCE: The Boston Globe, AUTHOR: Clea Simon]
http://www.boston.com/ae/tv/articles/2005/08/18/for_community_stations_g...

CONTRACTS LOCK PHONE USERS IN CELL BLOCKS
[Commentary] Would you switch your cell phone provider if you didn't have
to pay that nasty early-termination fee the companies charge customers to
get out of their contracts? Nearly half (47 percent) of cell phone users
polled said they would switch or consider switching cell phone service
carriers to get a lower rate and better service if they didn't have to pay
an average penalty of $170 to cancel their service contract, according to a
new survey by U.S. PIRG, the national lobbying office for state Public
Interest Research Groups, which are nonprofit, nonpartisan advocacy
organizations. "Early-termination penalties prevent consumers from voting
with their feet when their cell phone company treats them wrong," said Ed
Mierzwinski, the consumer program director for U.S. PIRG. "Since the cell
phone companies know the penalties make switching unaffordable for many
consumers, the carriers can get away with shoddy, overpriced service.
Eliminating these unfair penalties will let consumers out of the cells they
are locked into." In a petition to the FCC, the wireless industry says,
"The ETF thus provides a measure of predictability to the revenue stream
reasonably expected by wireless carriers, enabling carriers to offer
attractive initial discounts and monthly pricing to customers willing to
make a minimum service commitment and also ensuring carriers some measure
of compensation for lost revenue and otherwise unrecoverable upfront costs
caused by early terminations." U.S. PIRG as well as 15 members of Congress
are urging the FCC to reject the cell phone industry's petition and let
state courts determine whether these early-termination fees are reasonable.
[SOURCE: Washington Post, AUTHOR: Michelle Singletary]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/17/AR200508...
(requires registration)

QUICKLY

E/I BUG DEADLINE SET FOR SEPT 19
The FCC Wednesday announced Monday, Sept. 19, as the deadline for
commercial and noncommercial TV broadcasters to begin displaying an
on-screen "educational/informational," or E/I, bug throughout children's
programs. The bug must air on-screen through the entirety of a show for
broadcasters to get credit toward the FCC's mandated three-hour weekly
minimum of educational children's programming.
[SOURCE: Broadcasting&Cable, AUTHOR: Joel Meyer]
http://www.broadcastingcable.com/article/CA635850?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

NEW NY LAW TARGETS HIDDEN NET TOLLS
A new law that's apparently the first in the nation threatens to penalize
Internet service providers that fail to warn users that some dial-up
numbers can ring up enormous long-distance phone bills even though they
appear local. A long distance call even within the same area code can cost
8 to 12 cents a minute, adding up to hundreds, even thousands of dollars a
month. Consumers, however, must act on the warning that Internet providers
must soon post by contacting their phone companies to find out whether a
number is truly local.
[SOURCE: Associated Press, AUTHOR:Michael Gormley]
http://www.mercurynews.com/mld/mercurynews/business/technology/12408654.htm

CALIFORNIA CONSIDERS TAX BREAKS FOR FILMING
For the first time since a handful of immigrant New Yorkers moved west to
Hollywood seeking cheap land for their movie studios, so many motion
pictures are being made outside California that state leaders are poised to
enact subsidies to keep productions from leaving.
[SOURCE: New York Times, AUTHOR: David Halbfinger]
http://www.nytimes.com/2005/08/18/movies/18runa.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 Friday August 19, 2005

BROADBAND
Kick the Internet into High Speed
Muni Nets Step Forward in Louisiana, step Back in Congress
Court Ruling May Shape Municipal Broadband Debate
Expect a Net Phone Evolution, not Revolution

CABLE
Phone Industry Outlobbied, Outspent Cable Rivals in Legislative Fight
FTC Eyeing Adelphia Deal's Local Program Impact, Sources Say

TELEVISION
To Beat Up Rivals, TV Networks Do The Lineup Shuffle
Summer's Flops Spur Movie Studios To Reassess TV Ads
Movies, Shmovies -- TV's Taking Over L.A.
Canadian Broadcasting Without the Canadians?
All Chavez, All the Time

MEDIA
Media's Quest for Diversity Fades
What's next? Web map tracks demand for major news
Free Speech: Going, Going ...

QUICKLY -- Students Connect Online With Colleges; India Brings Wi-Fi to its
Remote Residents; Nashville Public TV Tests MetroCast; Smell-O-Vision!

BROADBAND

KICK THE INTERNET INTO HIGH SPEED
[Commentary] The Internet is becoming everyone's eyes and ears on the
world. That's why the issue of who controls the pipeline that delivers
Internet service is so important. Clearly, when consumers are free to
choose among many competitors, prices drop and quality rises. The decision
by the Federal Communications Commission (FCC) earlier this month to allow
phone companies the right to deny other Internet service providers (ISPs)
such as AOL and Earthlink the use of their phone lines did create
regulatory parity for cable and teleco broadband providers. But when
independent ISPs are only "renting" bandwidth at terms favorable to the
cable or phone company, how competitive can they really be? The FCC also
put forth a kind of "declaration of rights" for Internet users. It said
anyone should be able to run any legal Internet application, and anyone
should have access to any legal Internet site. That means, in essence, that
those who own the pipes don't get to decide what information goes through
them. It's an especially important right if consumers have only two choices
of service providers. But the FCC has no authority to enforce its
declaration. Congress should pass legislation to put teeth into the
sentiment. President Bush has urged that high-speed Internet service be
made available to all Americans by 2007. To help do that, the FCC and
Congress must think beyond the cable and phone industries and clear the way
for broad Internet competition.
[SOURCE: The Christian Science Monitor, AUTHOR: Editorial Staff]
http://www.csmonitor.com/2005/0819/p08s02-comv.html
See also --
* What would Joe Consumer say?
Even the most Panglossian optimist would find it hard to speak well of the
Federal Communications Commission's sellout to the regional phone monopolies.
http://news.com.com/What+would+Joe+Consumer+say/2010-1071_3-5838835.html...

MUNI NETS STEP FORWARD IN LOUISIANA, STEP BACK IN CONGRESS
There is little doubt that the issue of publicly owned broadband networks
will only get more controversial, now that both cable companies -- and
within the next year, telephone companies -- can choose not to sell access
to their broadband networks. All the local squabbling could be laid to rest
by definitive national legislation, but even at the federal level, division
remains. Sen Ensign's (R-NV) bill doesn't prohibit municipally owned
networks -- an earlier measure introduced by Rep. Pete Sessions (D-Texas)
does. But Ensign's bill requires that cities and towns allow private
entities to bid on any network they wish to build and to share in the
benefits of related municipal bonds and tax benefits. The measure also
would require cities that build their own networks to allow other service
providers access to that infrastructure to install their own facilities.
Such a requirement essentially dooms any city's chance of financing a
network buildout, said attorney Jim Baller of The Baller Herbst Law Group,
who has represented many municipalities fighting against incumbent service
providers. Baller also questions the legality of transferring the tax
breaks and bond-issuing rights of a public entity to a private company.
[SOURCE: Telephony Online, AUTHOR: Carol Wilson]
http://www.telephonyonline.com/mag/telecom_muni_nets_step/index.html

COURT RULING MAY SHAPE MUNICIPAL BROADBAND DEBATE
Can the Federal government decide if cities can build municipal broadband
networks? Or override state laws ban those networks? Some observers said
Congress may not interfere in the relationship between states and
municipalities. They cite the Supreme Court's 2004 ruling in Nixon v.
Missouri Municipal League, which upheld a Missouri statute forbidding the
state's political subdivisions from offering telecommunications or Internet
services. The court's vote was 8-1. In Nixon, the High Court considered
language that pre-empts state and local laws against "any entity" providing
telecom services. State utilities said "any entity" applied to them, but
the opinion written by Justice David Souter disagreed. "The liberating
pre-emption would come only by interposing federal authority between a
state and its municipal subdivisions," the majority wrote. Sens. Frank
Lautenberg, D-N.J., and John McCain, R-Ariz., have introduced a bill, S.
1294, to bar states from opposing municipal networks as long as they do not
discriminate against private competitors. Two rival bills, H.R. 2726 and S.
1504, would bar states from allowing municipal broadband where communities
already are served by the private sector.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-EPZX1124309966916.html
* Lawmakers, Experts Clash Over Municipal Networks
The discussion on municipal broadband networks made its way to the National
Conference of State Legislatures this week.
[SOURCE: Technology Daily, AUTHOR: Chloe Albanesius]
http://www.njtelecomupdate.com/lenya/telco/live/tb-TIXZ1124397402634.html

EXPECT A NET PHONE EVOLUTION, NOT REVOLUTION
[Commentary] Common wisdom suggested that you could save boatloads of money
by stuffing long distance voice traffic onto the Internet and that
exploding Internet growth would simply roll over the traditional Pubic
Switched Telephone Network. Yup, voice traffic was moving to packets,
simple as that. However, in spite of the ongoing hype, Net telephony, also
known as voice over Internet Protocol, remains an early work in progress.
Yes, VoIP is growing significantly, justifying the zillions of pundit
forecasts and platitudes--but if IP telephony were a book, we'd probably be
at Chapter 4 in the telecom equivalent of "War and Peace."
[SOURCE: C-Net|News.com, AUTHOR: Jon Oltsik, Enterprise Strategy Group]
http://news.com.com/Expect+a+Net+phone+evolution%2C+not+revolution/2010-...

CABLE

PHONE INDUSTRY OUTLOBBIED, OUTSPENT CABLE RIVALS IN LEGISLATIVE FIGHT
How do you win a legislative battle creating statewide video franchises?
You spend a hell of a lot of money, obviously. Texans for Public Justice
has released a report that shows, for example, that SBC Communications
spent $6.8 million on lobbying during this year's Texas state legislature
term -- more than three times as much as the entire cable industry spent.
Overall, the major phone interests spent up to $10.2 million on lobbying,
compared with a maximum of $1.7 million for cable. SBC will now be
competing with cable for a Texas market that analysts say could be worth
between $2.5 billion and $3.3 billion a year in revenue. Phone industry
political action committees also gave far more in campaign contributions in
the election cycle leading up to the session to politicians who could
influence the legislation, including Gov. Rick Perry and key committee
chairs, according to the report. Major phone companies and industry
associations gave $156,000 to Perry, for example, while cable interests
gave only $25,000, based on filings with the Texas Ethics Commission.
"Nobody is shocked to learn that moneyed interests call the shots in
Austin," said Andrew Wheat, research director for Texans for Public
Justice. "Yet it is truly boggling that a single special interest has the
stroke" to push its legislation through the special session, even as school
finance efforts failed. "The only way to adequately recognize this feat is
to rename the Capitol 'SBC Arena.' " (what was that about ethics?)
[SOURCE: Austin American-Statesman, AUTHOR: Claudia Grisales]
http://www.wacotrib.com/news/content/shared/tx/legislature/stories/08/18...
* I Can't Get No Satisfaction
Bunnie Riedel wonders if maybe the hundreds of thousands Time Warner spent
[on lobbying in Texas] were just for show, they certainly stand to gain
from the franchise eliminating legislation even if they are stuck in their
current franchises in the meantime.
http://www.riedelcommunications.blogspot.com/

FTC EYEING ADELPHIA DEAL'S LOCAL PROGRAM IMPACT, SOURCES SAY
The Federal Trade Commission is asking if the acquisition of Adelphia cable
assets by Comcast and Time Warner could effect competition for regional
programming -- especially sports programming. Could the two cable giants
use their market clout to win exclusive distribution deals with
programmers? Pay-TV rivals and municipalities fear the transaction will
stifle regional competition for TV shows. DirecTV has warned of "regional
monopolies" where anticompetitive behavior is likely. It asked the FCC to
impose conditions barring exclusive carriage accords between regional
sports networks affiliated with Comcast and Time Warner and those cable
operators.
[SOURCE: Communications Daily, AUTHOR: Jonathan Make]
(Not available online)

TELEVISION

TO BEAT UP RIVALS, TV NETWORKS DO THE LINEUP SHUFFLE
How modern audiences find TV programs to watch is a debate roiling the
broadcast networks as they struggle to adapt to a rapidly changing
entertainment landscape. One camp says that shows attract audiences the
same way they did when TV was in its infancy -- by habit. It's why Viacom
Inc.'s CBS has aired "Survivor" in the same spot for the past five seasons,
and why General Electric Co.'s NBC is trying to break its recent history of
serial schedule-shuffling. But Fox and Time Warner Inc.'s WB network, among
others, say habit isn't as crucial as it used to be. Digital video
recorders and on-demand services give viewers the power to watch a show
whenever they want. Schedulers -- whose high-stakes decisions can make or
break a star, show or corporate boss -- are also experimenting with such
drastic departures from tradition as limiting repeats and abandoning the
September-to-May season. Fox's strategy: aggressively shuffle shows, even
ones that are working where they are, to achieve ratings advantages and to
inflict damage on rivals' lineups. It's a technique that risks alienating
viewers, not to mention annoying producers and studios. But Fox says using
the schedule to block and tackle has gained a new urgency as the network
ratings race has grown tighter. Indeed, the ratings gaps between the Big
Four networks shrunk to just tenths of a point at the end of the 2004-2005
season, or about 250,000 viewers. This season, says a Fox executive,
"hundredths of ratings points will matter."
[SOURCE: Wall Street Journal, AUTHOR: Brooks Barnes brooks.barnes( at )wsj.com]
http://online.wsj.com/article/0,,SB112440880283317244,00.html?mod=todays...
(requires subscription)

SUMMER'S FLOPS SPUR MOVIE STUDIOS TO REASSESS TV ADS
As a long and disappointing summer movie season comes to an end, Hollywood
marketers are realizing that network-television advertising, long the
lifeblood of their movie campaigns, may not pack the punch it once did.
Network TV has been part of Hollywood's sales formula for many years, as
studios desperate to launch expensive blockbusters blitzed the national
airwaves in an effort to reach the broadest possible audience. But many
studio executives now are calling that formula into question, having
watched this summer as it failed to pay off amid a string of box-office
laggards. The diminishing effectiveness of such ads is to some symptomatic
of a broader problem in Hollywood. Audiences have caught on to the studios'
tactics for making an "event" out of every new movie and so can't be
counted on to turn out in droves just because they were confronted with a
hail of come-ons during Thursday night prime time.
[SOURCE: Wall Street Journal, AUTHOR: Kate Kelly kate.kelly( at )wsj.com and
Brian Steinberg brian.steinberg( at )wsj.com ]
http://online.wsj.com/article/0,,SB112440894618617254,00.html?mod=todays...
(requires subscription)
See also --
* Theater Owners Fired Up Over Iger's Comments
Already faced with dwindling summer ticket sales, the nation's theater
owners took a swipe at Walt Disney Co.'s incoming chief executive Thursday
for suggesting that the health of the film industry may require the
simultaneous release of movies in theaters and on DVDs. John Fithian,
president of the National Assn. of Theatre Owners, said this scenario --
raised by new Disney Chief Executive Robert Iger during a call with
analysts last week -- would only further damage theater owners, who have
been confronting one of their toughest summers in years.
[SOURCE: Los Angeles Times, AUTHOR: Claudia Eller]
http://www.latimes.com/business/printedition/la-fi-iger19aug19,1,4000313...
(requires registration)

MOVIES, SHMOVIES -- TV's TAKING OVER LA
Some 132,000 workers are riding the biggest boom ever in Los Angeles
television production, one that is rapidly turning Tinseltown into a TV
town. While Hollywood's nomadic film business has gravitated toward cheaper
U.S. and foreign locales, television production has become the bedrock of
the Los Angeles entertainment economy. Producers are responding to a
demand for original programs from broadcast networks and a mushrooming
number of cable channels. Reruns are being shunned in favor of fresh shows
that continue to earn money for years when shown again or sold on DVD. With
its production infrastructure and proximity to talent, Los Angeles is the
location of choice. Stars working on a regular series prefer to stay close
to home, and producers want to be near writers who may be needed for quick
rewrites. Television's role as the driving job creator in Hollywood will be
underscored today when local film officials release a study showing a
near-tripling in onlocation TV activity over the last decade. According to
the Entertainment Industry Development Corp., roughly 100 of the 134
scripted and reality series in prime time are shot in Los Angeles.
Thirty-one of 71 prime-time cable programs surveyed are shot here as well.
By contrast, film shooting in Los Angeles peaked in 1996, falling 38% since
then.
[SOURCE: Los Angeles Times, AUTHOR: Richard Verrier]
http://www.latimes.com/news/printedition/front/la-fi-tvjobs19aug19,1,743...
(requires registration)

CANADIAN BROADCASTING WITHOUT THE CANADIANS?
About 5,300 members of the Canadian Media Guild have been locked out by the
Canadian Broadcasting Corporation in a dispute over the number of jobs that
can be filled by contract employees, rather than permanent workers. Since
the lockout began Monday, the CBC has replaced all its English-language
services, including two radio networks, a television network, cable
channels, Web sites and local stations with a mix of reruns, elegiac
classical music and sometimes less-than-relevant foreign programming.
Unlike public broadcasting in the United States, the government-owned CBC
has many programs that attract significant, sometimes market-leading,
audiences. News and sports programming, particularly hockey, on CBC
Television are important advertising outlets for many leading companies
that are now reassessing where to spend their money.
[SOURCE: New York Times, AUTHOR: Ian Austen]
http://www.nytimes.com/2005/08/19/business/media/19tele.html
(requires registration)

ALL CHAVEZ, ALL THE TIME
[Commentary] The best hope for success for Telesur, the new satellite TV
network funded by the Venezuelan government, may be for some official
opposition from the United States. It is a hope the U.S. appears ready to
fulfill. The stated goal of Telesur, which also receives support from Cuba,
Uruguay and Argentina, is to provide audiences in Latin America an
alternative to U.S. and European networks such as CNN, Univision, Telemundo
and the state-sponsored Spanish Television Network. Telesur executives say
the network will broadcast news, opinion, features and investigative
reports from a Latin American perspective. A more enigmatic goal of the
news operation, according to its mission statement, is to promote "the
political and economic integration of the region." But whether Telesur
emerges as a credible news organization or becomes a propaganda outfit, it
has already generated a childish reaction in Congress. Last month, Rep.
Connie Mack (R-Fla.) proposed an amendment to the Foreign Relations
Authorization Act of 2005 to "carry out broadcasting to Venezuela for at
least 30 minutes per day of balanced, objective and comprehensive
television news programming." The House passed it by a voice vote. There is
still a chance the Senate could kill it. It is true that freedom of the
press is under pressure in Venezuela after the passage of two ominous laws
against free speech. Journalists are concerned about a censorship law that
contains 78 vague provisions to sanction TV stations for broadcasting
indecent content. There's even more worry about a new law that increases
prison sentences and fines for people who offend the president or other
government officials "by word or in writing." Yet the Venezuelan media is
vibrant. There are three major daily newspapers and four TV networks in
Caracas, all of which report the news and criticize government decisions as
they see fit. So far, no journalist has been jailed for violating the new
laws. Congress shouldn't respond to this latest provocation from Chavez.
Instead, it should let market forces work to counter any propaganda.
[SOURCE: Los Angeles Times, AUTHOR: Editorial Staff]
http://www.latimes.com/news/printedition/opinion/la-ed-telesur19aug19,1,...
(requires registration)

MEDIA

MEDIA'S QUEST FOR DIVERSITY FADES
[Commentary] A report this year by the American Society of Newspaper
Editors found a total of 34 more journalists of color working at U.S.
newspapers than five years ago. A study released in June by the John and
James L. Knight Foundation found that 73 percent of the nation's 200
largest newspapers employ fewer minorities than they did at some year
between 1990 and 2004, suggesting the industry's diversity initiatives have
peaked. Whether you blame "diversity fatigue" or simple inattention, it is
obvious that modern media are slipping in their quest to reflect the
diversity of America's population. Why does any of this matter? Because TV
anchors and other journalists are more than the face of any given news
division. They directly affect what gets on the air.
[SOURCE: St Petersburg Times Floridian , AUTHOR: Eric Deggans]
http://www.sptimes.com/2005/08/18/Floridian/Media_s_quest_for_div.shtml
* Study: Diverse Newsroom Better Indicator of Coverage Than Diverse Population
A recent study commissioned by an organization of minority journalists
concluded that newsrooms with larger numbers of Asian American staffers did
a better job of covering Asian American communities and issues than
less-diverse newsrooms.
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...

WHAT'S NEXT? WEB MAP TRACKS DEMAND FOR MAJOR NEWS
A news mapping service introduced on Thursday by Akamai Technologies
promises to give unprecedented insight into the relative hunger that
millions of Internet users have to learn of breaking events
minute-by-minute. Akamai, which helps speed delivery of 15 percent of the
world's Internet traffic over its network, is looking to count the sum of
page requests across 100 major news sites it serves to rank interest in
major events on a scale never seen before. The Akamai Net News Index
provides a map of six global regions and measures the current appetite for
news relative to average daily demand in terms of millions of visitors to
news sites per minute, per week, within each geographic region. Spikes in
traffic can reveal the next wave of news demand.
[SOURCE: Reuters, AUTHOR: Eric Auchard]
http://today.reuters.com/news/newsArticle.aspx?type=internetNews&storyID...

FREE SPEECH GOING, GOING ...
A look at corporate efforts to curb free speech. SLAPP suits (for
"strategic lawsuits against public participation") are a serious menace to
free speech. The latest example is a real prize: The Consumers Union,
publisher of Consumer Reports, has already spent $10 million defending
itself against a lawsuit filed by Isuzu Motors Ltd. because, eight years
earlier, Consumer Reports rated the Isuzu Trooper "not acceptable" for
safety reasons. And the case has not yet reached trial. And that is the
real menace of SLAPP suits. It's not that corporations win them, but that
they cost critics so much money that the critics are silenced -- and so is
everyone else who even thinks about raising some question about a corporate
product or practice.
[SOURCE: AlterNet, AUTHOR: Molly Ivins]
http://www.alternet.org/story/24293/

QUICKLY

GIFTED STUDENTS CONNECT ONLINE WITH COLLEGES
For many of today's gifted students, honors programs at their own schools
aren't challenging enough anymore. They are signing up for online courses
offered by such colleges as Stanford University, Johns Hopkins University
and the University of Missouri. These online courses offer classes mainly
in advanced math and English, but subjects such as history, philosophy and
anatomy also are offered. Programs are available for students of all ages,
kindergarten through 12th grade, and some courses for high-school students
follow college freshmen curricula. Not only do these classes bring in extra
revenue, but for universities competing for the nation's brightest
students, online programs are a useful tool for identifying and attracting
them. Colleges keep track of students in their online programs and later
mail them brochures highlighting their undergraduate programs.
Participating may even give students a leg up in gaining admission to
popular colleges. Increasingly, high school counselors, especially in rural
schools where resources for gifted students often are limited, have begun
combing through student records and encouraging top performers to apply for
online courses. Some counselors go so far as to submit grades directly to
universities, which regularly host regional "talent searches" where
students are invited to take standardized tests to see if they qualify for
the courses.
[SOURCE: Wall Street Journal, AUTHOR: Neil Parmar neil.parmar( at )wsj.com]
http://online.wsj.com/article/0,,SB112441510387517433,00.html?mod=todays...
(requires subscription)

INDIA BYPASSES THE WIRES TO BRING WI-FI TO ITS REMOTE RESIDENTS
Relying on a signal transmitted from a tower in the center of the district,
the Indian village of Palakkode is at the forefront of efforts to use
wireless technology to cover the last mile -- or in many cases, the last
several miles -- separating rural villages from landline networks. The
technology is making universal Internet access an attainable goal in
several developing countries, including India. The country aims to spread
"village knowledge centers" to the country's 600,000 villages within two years.
[SOURCE: The Christian Science Monitor, AUTHOR: Jacob Leibenluft]
http://www.csmonitor.com/2005/0819/p07s01-wosc.html

NASHVILLE PUBLIC TV TESTS METROCAST
Nashville Public Television will test a new emergency alert system dubbed
NPT MetroCast with Nashville's Office of Emergency Management (OEM) next
month. The public broadcaster will set aside part of its spectrum for the
exercise and the OEM will use the spectrum to deliver video, audio and text
alerts, and information to first-responders in the field.
[SOURCE: Broadcasting&Cable, AUTHOR: Ken Kerschbaumer]
http://www.broadcastingcable.com/article/CA635938?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

PROJECT AIMS TO CREATE 3D TELEVISION BY 2020
Here's another great reason for US broadcasters to hold on to valuable
analog TV spectrum: smell-o-vision. Japan (who else?) is bringing together
researchers from the government, technology companies and academia to
create a television that would allow people to view high-definition images
in 3D from any angle, in addition to being able to touch and smell the
objects being projected upwards from a screen parallel to the floor. The
future TV is part of a larger national project under which Japan aims to
promote "universal communication," a concept whereby information is shared
smoothly and intelligently regardless of location or language. Imagine
watching a football match on a TV that not only shows the players in three
dimensions but also lets you experience the smells of the stadium and maybe
even pat a goalscorer on the back. Imagine how this'll change the nature of
indecency complaints!
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&story...
--------------------------------------------------------------
...and we are outta here. Enjoy these last days of summer... we'll be back
Monday August 29.
--------------------------------------------------------------
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 Wednesday August 17, 2005

*********************************
Planning a communications-related course for the Fall? Let Headlines help
keep your students up-to-date on developments in the field. We offer group
subscriptions and pre-set unsubscribes as well. And, as always, its FREE --
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*********************************

BROADBAND
Will Sticks Lick Broadband Fix?
Telecoms' Quest for Customers Follows Path to Internet TV
San Francisco Moves Forward on Wi-Fi Plan
The Quest For A Municipal UTOPIA
Mars Orbiter takes Broadband to Space

INTERNET
States Push Tax Plans for Web Sales
The Book on Google
The Birth of Murdoch.com

SECURITY
'Spear Phishing' Tests Educate People About Online Scams
Dueling Hackers Hit Firms' Computers

QUICKLY -- .xxx Vote Delayed; Local Info Websites may Widen UK's Rich-Poor
Gap; Fewer commercials on the horizon?; Landscape changing for broadcast
licensing; E911 Proposals Trouble Small Ops; Eligible Services List for
E-rate; Qwest Reaches Labor Pact; Clear Channel Wins New Trial; Time Warner
Unlikely To Spin Off Entire Cable Unit

BROADBAND

WILL STICKS LICK BROADBAND FIX?
[Commentary] The sticks are getting shafted when it comes to broadband. The
Pew Internet and American Life Project study reports that rural users are
only half as likely as urbanites to use high-speed Internet service, and
that two thirds of rural dial-up users either don't know of their options
to get the fast stuff or have checked it out and learned for sure they
can't get it. There are just too many areas, where cable companies never
bothered to lay wire and telcos haven't made the "final mile" investment to
extend broadband to their phone customers. High-speed Internet is quickly
becoming an essential, just like electricity and phone service. A century
ago our government pursued a policy of "universal access" to make sure that
those technologies would be available to all. In that spirit, President
George W. Bush has set a goal of high-speed Internet access available in
every home in America by 2007. But where's the beef? "It's one thing to set
a goal, and another to create policies to make it happen," says Sen. Byron
Dorgan, a Democrat from North Dakota. "Everybody understands that universal
access is broken." Sen Dorgan, along with Sen. Gordon Smith of Oregon, is
sponsoring a bill that would direct up to $500 million from the telephone
Universal Service Fund to building out broadband in unserved areas. A good
start, but compared with the highway bill President Bush signed last week
-- a breathtaking porkfest that designated $286 billion for overpasses,
museum renovations and bridges to nowhere -- it seems comically modest.
[SOURCE: Newsday, AUTHOR: Steven Levy]
http://msnbc.msn.com/id/8938152/site/newsweek/

TELECOMS' QUEST FOR CUSTOMERS FOLLOWS PATH TO INTERNET TV
With cable TV companies angling to take away phone customers, the telecom
industry is responding by spending billions of dollars to outfit their
networks with the latest in video technology. Their chief weapon is an
infant, unproven technology with a geeky name: Internet Protocol TV, or
IPTV for short. The beauty of IPTV? Phone companies can use their existing
networks, outfitted with new gear, to offer a rich assortment of advanced
video services. The range is practically unlimited, from "live" TV such as
pay-per-view to high-definition programming, video conferencing, gaming and
distance learning. The rush to embrace IPTV is global. Dozens of telephone
companies, from industry giants such as Bell Canada to state-owned carriers
such as Swisscom of Switzerland, are moving rapidly to deploy the new
technology. All share a common goal: to fortify their competitive flanks.
With cable operators moving quickly to add VoIP -- short for Voice Over
Internet Protocol -- telephone companies need a counterpunch.
[SOURCE: USAToday, AUTHOR: Leslie Cauley]
http://www.usatoday.com/printedition/money/20050817/iptvcov.art.htm
* How does this thing work?
The toughest hurdle for people using Pioneer's IPTV service has nothing to
do with technology, the Internet or even IP, short for Internet Protocol.
It's the remote control.
http://www.usatoday.com/printedition/money/20050817/pioneerside.art.htm
* SBC's $4 billion investment into IPTV 'not much money for us to burn'
http://www.usatoday.com/printedition/money/20050817/sbcside.art.htm

SAN FRANCISCO MOVES FORWARD ON Wi-Fi PLAN
The city of San Francisco wants ideas for making the entire 49-square mile
city a free - or at least cheap - Wi-Fi zone. Taking a step toward bridging
the so-called digital divide between the tech-savvy and people who can't
afford computers, the city government on Tuesday issued guidelines for a
plan to "ensure universal, affordable wireless broadband access for all San
Franciscans." The invitation, extended to nonprofit groups and businesses
that could eventually bid on the project, puts San Francisco among a
handful of major U.S. cities tackling the technological and political
challenges of offering Internet service to its residents on such a wide scale.
[SOURCE: Associated Press, AUTHOR: Lisa Leff]
http://www.mercurynews.com/mld/mercurynews/business/technology/12399473.htm
FCC Order Builds Momentum For Wireless Auction
The FCC made some tweaks to the rules governing the largest-ever auction of
cellular radio frequencies, which is set for June 2006. The order,
unanimously approved at the FCC's Aug. 5 meeting, made minor revisions in
the size of the frequency parcels to be auctioned for advanced wireless
services. For example, the FCC decided to slice the 90 megahertz of
spectrum into six chunks instead of five. The changes dictate that there
will be 1,122 licenses available in the auction, instead of 946,
potentially allowing smaller carriers entry to the market. The agency was
urged to make the move by the Rural Communications Association, a group of
cellular carriers, and T-Mobile USA, the smallest of the country's four
nationwide wireless companies.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-LIWX1124224076060.html

THE QUEST FOR A MUNICIPAL UTOPIA
An inter-local government agency comprising 14 cities, since 2002 UTOPIA
has been building a fiber-optic infrastructure to reach all 170,000 homes
and businesses in the cities that span the fast-developing region between
Salt Lake City and Provo. What sets UTOPIA apart from other municipal
broadband deployments is its size and "wholesale" business model. Once
completed, UTOPIA will be the largest deployment of fiber in the country.
UTOPIA is not offering service directly to citizens. Instead, it is selling
bandwidth on its network to private companies that offer voice, data or
video services to consumers. "It is absurd to require each and every
company to require it to lay exactly the same infrastructure, just as it
would be absurd to have seven airports," said Keith Wilson, chief executive
officer of Dynamic City, the private company building the network. Provo,
the state's third-largest city, is not part of UTOPIA because it already
had a fiber network. Salt Lake City was a member but withdrew.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-JLQZ1124223622523.html

MARS ORBITER TAKES BROADBAND TO SPACE
NASA launched the Mars Reconnaissance Orbiter last Friday, in part to lay
the foundation for an Internet in outer space. Besides conducting basic
science research, NASA officials say, the orbiter will become part of a
high-speed telecommunications link between Earth and the Red Planet. After
the orbiter approaches Mars in 2006, it will join the Mars Global Surveyor
and Mars Odyssey to create a three-node network, which could become a
component of the InterPlanetary Internet. The InterPlanetary Internet is
NASA's solution to the speed-of-light delay in data transmission that has
hung up space communications, NASA scientists say.
[SOURCE: Federal Computer Week, AUTHOR: Aliya Sternstein]
http://www.fcw.com/article89922-08-15-05-Print
Also see, from April 2004
* PRESIDENT REVISES BROADBAND GOAL
Combining two popular recent proposals, President Bush urged Congress to
adopt as a national goal broadband access on Mars by 2020. "Look," the
President said, "we're already planning on sending scientists, astronauts
and Al Gore to Mars; they will need information flowing across cables and
telephone lines in a fast way. We can help. That's what broadband
technology is. It means we'll open the interplanetary highways of knowledge
-- new interplanetary highways of knowledge." The President added later in
the day that broadband access on Mars should not be taxed.
http://lists.benton.org/lists/arc/headlines/2004-04/msg00000.html

INTERNET

STATES PUSH TAX PLANS FOR WEB SALES
States will lose about $1.4 billion this year from estimated Internet
tobacco sales of $5 billion, according to the U.S. General Accounting
Office. So they are stepping up their efforts to extract taxes from smokers
who avoid tobacco taxes by buying cigarettes online. The Supreme Court
ruled in 1992 that states could require only merchants that have a store or
office in the buyer's state to collect a "use" tax, equivalent to the
state's sales tax. A 1949 federal law known as the Jenkins Act, however,
requires vendors that ship cigarettes to another state to provide state tax
authorities with the names and addresses of purchasers. Until recently,
states didn't aggressively pursue customers' names. Targeting online
cigarette sales raises the larger question of how to collect sales tax on
other online purchases when retailers aren't required by law to report
interstate sales. As online retailing grows, states are trying harder to
collect some of that revenue, though they are "hamstrung by the law," says
CCH's Mr. Logan. Moreover, with more than 7,500 state and local
jurisdictions imposing a sales tax -- ranging from 4% to 9% -- it is an
administrative nightmare to collect from businesses, he says. Online retail
sales for clothing, books, software, music and other consumer items should
reach $79 billion this year, up from $53 billion in 2003, according to
JupiterResearch. By 2008, that figure could jump to an estimated $118
billion. Missing out on tax revenue from those purchases is maddening for
state governments. A 2004 study by University of Tennessee economists found
that state and local governments in 2003 lost an estimated $15.5 billion in
uncollected taxes from Internet sales. That is expected to rise to $21.5
billion or more by 2008, according to the study.
[SOURCE: Wall Street Journal, AUTHOR: Kerry Hannon]
http://online.wsj.com/article/0,,SB112302940574703290,00.html?mod=todays...
(requires subscription)

THE BOOK ON GOOGLE
[Commentary] Google's goal is to organize all the world's information. It
has run into several hurdles along the way, however, as copyright holders
objected to their works being duplicated in the Google database without
payment or permission. According to Google, users who search for a word or
phrase will receive links to custom-made Web pages, each of which offers
three short excerpts from a book that contains the item being sought. The
pages will also offer ways to order the book or to search for it in a
library nearby. If this is in fact what Google does, it would be a boon not
just for publishers but also for readers. The project amounts to a 21st
century card catalog, helping people find relevant books online with the
kind of precision that Internet users have come to expect. To make this
service a reality, though, Google is skating dangerously close to the line
between fair use and piracy. Google should show more respect for
publishers' rights -- and publishers should not make the mistake of using
the strictures of copyright law to tie their own hands. Building a guide to
the contents of books is hardly the same as making bootlegged copies or
plagiarizing. It's a monumental and costly task, and publishers have given
no reason to believe they can do it for themselves. Unless their works are
as well integrated with the Net as other forms of information and
entertainment, they may be left waiting on the shelves for an audience that
no longer bothers to walk through the stacks.
[SOURCE: Los Angeles Times, AUTHOR: Editorial Staff]
http://www.latimes.com/news/printedition/opinion/la-ed-google17aug17,1,7...
(requires registration)

THE BIRTH OF MURDOCH.COM
News Corp is trying to make its mark on the Internet. The media giant spent
$580 million to acquire Intermix/MySpace.com and recently announced the
acquisition of Scout, a leading college sports site. Once the Intermix deal
closes, News Corp. Web sites will have an aggregate 50 million unique
visitors a month, the sixth-largest audience on the Web. "There is no
greater priority for the company today than to meaningfully and profitably
expand its Internet presence and to properly position ourselves from the
explosion in broadband usage that we're now starting to see," Rupert
Murdoch recently told investors. The world is changing and Murdoch is ready
to change with it. The younger viewers at the core of the company's
audience are drifting away from TV, spending more time online. They're
using the Web to socialize and communicate, downloading songs, listening to
Internet radio and podcasts, and playing online games. It won't be long
before they turn to the Web for longer-form video and TV, thanks to the
rise of broadband. About 35% of the U.S. population has broadband, which is
getting faster and cheaper every year. And advertising dollars are shifting
from TV and print to the Web. Worldwide, online advertising is expected to
soar 50% this year, to $13 billion, from $9.6 billion in 2004, according to
Ken Marlin, managing partner of Marlin & Associates, an investment bank and
advisor to media companies. Most TV and print categories are growing at
single-digit rates. "Murdoch has shown a remarkable ability to adjust and
adapt his company to the moment. He's a smart guy. He's got to be looking
around, saying, 'There's an opportunity to be a major player on the Web,
and it's closing,'" Marlin said. News Corp. wants to merge the content of a
big media company with its own portal. It won't be easy. Time Warner still
struggles to make its AOL deal work. But Murdoch may just succeed, just as
he succeeded in upending the TV business in the 80s and 90s.
[SOURCE: BusinessWeek, AUTHOR: Steve Rosenbush]
http://www.businessweek.com/technology/content/aug2005/tc20050816_5029_t...

SECURITY

'SPEAR PHISHING' TESTS EDUCATE PEOPLE ABOUT ONLINE SCAMS
Hackers are increasingly exploiting the weakest link in computer security
-- humans. Most computer users have become savvy enough to avoid obvious
attempts at what security experts call "phishing" -- phony email messages,
often purportedly from financial institutions, that ask for personal
information such as account or Social Security numbers. But many are still
succumbing to a new wave of more sophisticated attacks, dubbed "spear
phishing," that are targeted at specific companies and government agencies.
In such exploits, attackers create email messages that are designed to look
like they came from the recipient's company or organization, such as an
information-technology or a human-resources department. More than 35
million of these targeted email messages to steal critical data and
personal information were launched in the first half of the year, according
to a report this month from IBM. And use of these scams is soaring: The
number of such email messages sent rose more than 1,000% from January to
June. To fight computer crime, the good guys are masquerading as bad guys
pretending to be good guys. Some computer-security experts say the bogus
phishing exercises can help "inoculate" users against falling for real
phishing scams, much like vaccines use a broken version of a real disease
to provide immunization.
[SOURCE: Wall Street Journal, AUTHOR: David Bank david.bank( at )wsj.com]
http://online.wsj.com/article/0,,SB112424042313615131,00.html?mod=todays...
(requires subscription)

DUELING HACKERS HIT FIRMS' COMPUTERS
Rival computer hackers exploited a newly disclosed flaw in Microsoft's
Windows operating system to attack dozens of companies in what security
experts said was an Internet-crime turf war. Among the companies hit hard
by fast-spreading computer worms were a number of media outlets, including
Time Warner's CNN unit, New York Times Co. and ABC, a unit of Walt Disney
Co. Computers crashed at Kraft Foods yesterday afternoon and United Parcel
Service reported that a "very small" number of computers in various
locations were affected by a worm. The worms, small computer programs with
instructions for replicating themselves, clogged computer networks as they
sought out new machines to infect. Some companies reported that their
computers sought to continually restart themselves.
[SOURCE: Wall Street Journal, AUTHOR: David Bank at david.bank( at )wsj.com]
http://online.wsj.com/article/0,,SB112423554861414993,00.html?mod=todays...
(requires subscription)
* Media Outlets Hurt by Internet Worm
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/16/AR200508...

QUICKLY

VOTE ON .XXX PUSHED BACK A MONTH
A final decision on the fate of the highly controversial .xxx domain, which
was intended to be reserved for online pornography, will not happen until
September. The board of directors of the nonprofit group that oversees
domain names said on Tuesday that it would delay a vote until its next
meeting on Sept. 15. That decision follows last-minute opposition to the
creation of .xxx from the Bush administration and other national
governments. The vote was originally supposed to take place on Tuesday. The
move by the Internet Corporation for Assigned Names and Numbers (ICANN) was
expected after ICM Registry, the Florida company that plans to operate
.xxx, agreed on Monday to a month's delay, saying the additional time would
permit it to assuage concerns about the creation of a virtual red-light
district.
[SOURCE: CNET|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/Vote+on+.xxx+pushed+back+a+month/2100-1028_3-5835702...

LOCAL INFO WEBSITES MAY WIDEN UK'S RICH-POOR GAP
The Joseph Rowntree Foundation is warning that websites offering
information on the social make-up of neighborhoods could increase the
divide between the richest and poorest places in Britain. "Until recently
these segmentation processes have been largely invisible to the public, but
with the emergence of [Internet-based neighborhood information systems] it
is entirely possible that people will start using them to sort themselves
out into neighborhoods where their neighbors are less diverse and more like
themselves," said Professor Roger Burrows, who led the research team from
the Universities of York and Durham.
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=internetNews&storyID...

FEWER COMMERCIALS ON THE HORIZON?
Consumers are increasingly frustrated by all the commercials they have to
sit through when listening to the radio or watching TV and the ads they
have to wade through when reading a magazine or newspaper. And that's led
many people to less-cluttered media -- mostly cable television, satellite
radio and the Internet. Clear Channel has responded by saying it'll sell
less ad time in the hopes of gaining higher rates since ad time will be
scarcer. But analysts think people may be drawn to new media because of
content, not less commercials.
[SOURCE: CNN|Money, AUTHOR: Paul R. La Monica]
http://money.cnn.com/2005/08/15/news/fortune500/advertising/index.htm

LANDSCAPE CHANGING FOR BROADCAST LICENSING
In a marketplace being driven by empowered consumers, whose demands and
habits already are altering industry economics, how much leverage will
broadcasters and cable networks continue to have to command cash
retransmission fees and carriage for new program services? And what will
that do, in turn, to their established business relations with program
producers and advertisers? How much economic disruption will occur as a
result of the deterioration of allegiances that used to assure financial
security for broadcast networks and their TV station affiliates, between
broadcast and cable operations owned by the same media conglomerate,
between program networks and advertisers, and programers and consumers?
What new content production and distribution options will offset the
weakening traditional financial metrics with, perhaps, more lucrative and
reliable revenue streams? Over the next five years, we will begin to know
the answers as many of the licensing agreements with major distributors
held by News Corp.'s Fox Entertainment Group and Viacom's CBS Corp. expire
and are renegotiated according to a new set of economic and technology
considerations.
[SOURCE: Hollywood Reporter, AUTHOR: Diane Mermigas]
http://www.hollywoodreporter.com/thr/columns/mermigas_display.jsp?vnu_co...

E911 PROPOSALS TROUBLE SMALL OPS
Small cable operators are expressing concern about the scope of emergency
calling rules the Federal Communications Commission may put into place for
the personal protection of consumers using voice-over-Internet-protocol
services. In a filing Monday, the American Cable Association warned that
some FCC proposals, however well-intentioned, were inappropriate for VoIP
services provided by cable companies, especially capital-constrained small
companies.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA635588.html?display=Breaking+News
(requires subscription)

ELIGIBLE SERVICES LIST FOR E-RATE
Dora the Explorer Backpack -- check. Thomas thermos -- check. Batman pencil
holder -- check... The FCC is seeking comment on what telecommunications
services should be eligible for E-rate support. On December 23, 2003, the
Commission adopted a rule that formalizes the process for updating the
eligible services list for the schools and libraries universal service
support mechanism. Under this rule, the Universal Service Administrative
Company (Administrator) is required to submit annually a draft eligible
services list for the following funding year. The rule also requires that
the Commission issue a Public Notice seeking comment on the Administrator's
proposed eligible services list. Finally, at least sixty days prior to the
opening of the window for the following funding year, the rule requires the
Commission to issue a public notice attaching the final eligible services
list for the upcoming funding year. For a list of the purposed services and
instructions on how to share your comments with the FCC, see the URL below.
iPod -- check...
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-158A1.doc

QWEST REACHES PACT WITH UNION, AVERTING STRIKE
The Communications Workers of America says it has reached a contract
agreement with Qwest, removing the threat of a strike by 25,000 telephone
workers in 13 states. The agreement includes a 7.5% wage increase over
three years, changes to healthcare coverage to reduce overall costs for
many employees, and an eight-hour cap on mandatory overtime. It still must
be ratified by workers across the 13-state region including Colorado,
Washington, Oregon, Idaho, South Dakota, North Dakota, New Mexico, Arizona,
Wyoming, Nebraska, Minnesota, Iowa and Utah.
[SOURCE: Associated Press]
http://www.latimes.com/business/printedition/la-fi-qwest17aug17,1,793137...
(requires registration)

CLEAR CHANNEL WINS NEW TRIAL
Clear Channel Communications, the largest producer of concerts and live
entertainment events, won reversal of a $70-million punitive damage award
in a lawsuit brought by a smaller competitor, Jam Sports & Entertainment.
Jam Sports claimed that Clear Channel intimidated the American Motorcycle
Assn. into reneging on an agreement with Jam Sports to promote Supercross
events nationwide in 2003.
[SOURCE: Bloomberg News]
http://www.latimes.com/business/printedition/la-fi-clear17aug17,1,132599...
(requires registration)

TIME WARNER UNLIKELY TO SPIN OFF ENTIRE CABLE UNIT
Despite urging by investor Carl Icahn, Time Warner is unlikely to spin-off
its cable division.
[SOURCE: Forbes.com]
http://www.forbes.com/markets/2005/08/16/time-warner-icahn-0816markets08...
--------------------------------------------------------------
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 Tuesday August 16, 2005

For upcoming media policy events, see http://www.benton.org/calendar.htm=20
(OK, honestly, don't even bother checking... there's nothing going on 'til=
=20
after Labor Day.)

TELECOM
Burns USF Bill to Focus on Contributions and Fund Spending
Nuvio Challenges FCC Internet Phone Rules for 911
Sprint Nextel Prepares Local Phone Unit's Spinoff
Japan's Cellphone Giant Tries Expansion Into Credit Cards
In Case of Emergency, Put Your Cell on ICE
Kids' Cellphones: What Next?

MEDIA OWNERSHIP
Financier Proposes Spinoff for Time Warner
Copy-protection Gear Sneaks into Products
News Corp. in talks to buy Blinkx

QUICKLY -- Complaints, Complaints, Complaints; Decency Docent; Bush=20
Administration Objects to .xxx Domains; Blogging to be Free; 'Wash Post'=20
Cuts Ties to Pentagon Event After Protests; Back-to-School Generation Gap;=
=20
Online Tutoring Part of Growing Trend; Reality's Pen

TELECOM

BURNS USF BILL TO FOCUS ON CONTRIBUTIONS AND FUND SPENDING
Sen. Conrad Burns (R-Mont) is working with Sens. Jay Rockefeller (D-WV) and=
=20
Olympia Snowe (R-Maine) on a bill to revamp the universal service fund=20
(USF), expanding the contribution base and redistributing funding The bill=
=20
is expected to be introduced early in September. It=92s likely to differ fr=
om=20
a bill introduced by Sens Smith and Dorgan, which would apply USF=20
contributions to all 2-way voice services and establish a separate fund for=
=20
broadband deployment in rural areas. =93It will address the issue of=20
contribution methodology, and the issue of schools and libraries,=94 said a=
=20
Senate source, referring to the E-rate program. The E-rate program got a=20
year=92s reprieve under a bill passed last year exempting it from Anti-=20
Deficiency Act (ADA) requirements that funds to be in hand before=20
government agencies make funding commitments. The 12-month exemption ends=
=20
Dec. 31, 2005. In Feb., Sen Snowe introduced a bill to make the exemption=
=20
permanent. It was co-sponsored by Commerce Committee Chairman Ted Stevens,=
=20
Senate Commerce Committee Co-Chairman Inouye (D-Hawaii) and Sen=20
Rockefeller, but there has been no action on that bill. Sen Stevens is also=
=20
expected to introduce a universal service reform bill this year.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)

NUVIO CHALLENGES FCC INTERNET PHONE RULES FOR 911
Nuvio Corp, an Internet phone service provider, has challenged Federal=20
Communications Commission rules requiring the company to make full 911=20
emergency calling services available to customers by late November. In May,=
=20
the FCC ruled that Internet phone service providers must ensure 911 calls=
=20
go directly to emergency dispatchers and provide the location of callers by=
=20
November 29. Nuvio, which has roughly 10,000 customers, argued that=20
wireless carriers had years to develop systems for locating callers to 911=
=20
and that the short timeline for Internet calling services was unreasonable.=
=20
The company asked the U.S. Court of Appeals for the District of Columbia to=
=20
hear the case and rule by November 7 or it may have to begin notifying=20
customers about suspending service.
[SOURCE: Reuters, AUTHOR: Jeremy Pelofsky]
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2005-08-15T175020Z_01_KNE564215_RTRIDST_0_NET-TELECOMS-FCC-911-DC.XML
* Internet Phone Firm Seeks Court Relief From FCC's 911 Rule
http://online.wsj.com/article/0,,SB112415893934914092,00.html?mod=3Dtoda...
us_personal_journal

SPRINT NEXTEL PREPARES LOCAL PHONE UNIT'S SPINOFF
With its merger completed Friday, Sprint Nextel announced the long-planned=
=20
spinoff of its local telephone business would happen within nine to 12=20
months. The local telephone company will have about $7.25 billion in debt=
=20
once its spinoff is completed, a level Sprint Nextel said would be=20
consistent with other companies with investment-grade debt ratings.
[SOURCE: Washington Post, AUTHOR: Arshad Mohammed]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/15/AR200508...
1411.html
(requires registration)

JAPAN'S CELLPHONE GIANT TRIES EXPANSION INTO CREDIT CARDS
Within the next year or two NTT DoCoMo, the largest Japanese mobile-phone=
=20
company, plans to introduce phones with an embedded DoCoMo credit card.=20
The goal: to turn Japan into a credit-happy nation like America -- and to=
=20
build a lucrative new profit center for the company. DoCoMo's vision could=
=20
point the way for cellphone companies around the globe. The Tokyo company=
=20
has 49 million customers in Japan, more than half the market, and a market=
=20
capitalization of more than $80 billion. It led the industry in offering=20
commercially viable Internet and email service over cellphones, and also=20
pioneered downloadable ringtones. U.S. cellphone companies are counting on=
=20
data services such as email and Internet access to drive growth for the=20
next few years. But DoCoMo's experience suggests that strategy can only=20
work for so long. Given the Japanese company's record as a trendsetter, it=
=20
wouldn't be surprising if U.S. companies also end up trying to turn their=
=20
products into something more than communications devices.
[SOURCE: Wall Street Journal, AUTHOR: Ginny Parker Woods=20
ginny.parker( at )wsj.com]
http://online.wsj.com/article/0,,SB112413723322613635,00.html?mod=3Dtoda...
us_page_one
(requires subscription)

IN CASE OF EMERGENCY, PUT YOUR CELL ON ICE
A movement is underway to turn the ubiquitous cellphone into a source of=20
information for paramedics and other emergency personnel who respond to=20
accidents, crimes and disasters. A British paramedic came up with the idea=
=20
of asking cellphone users to add an entry into their cellular phone book=20
called ICE for =93in case of emergency.=94 Accompanying that acronym would =
be=20
the name and phone numbers of the person who should be called if something=
=20
has happened to the owner of the phone. The ICE campaign was launched in=20
Britain in April, but people really started paying attention after the=20
London terrorist bombings in July.
[SOURCE: USAToday, AUTHOR:]
http://www.usatoday.com/printedition/life/20050816/bl_bottomstrip16.art.htm

KIDS' CELLPHONES: WHAT NEXT?
[Commentary] New mobile phones are aimed at 8-to-12-year-olds, the "tween"=
=20
generation. Some child advocates worry kiddie phones are just one more=20
screen for children to stare into and become lost, instead of enjoying=20
face-to-face companionship. Parents have a tricky path to walk between=20
being responsible guardians and submitting to marketing ploys that play on=
=20
their fears. When, if ever, they provide children with cellphones, they=20
need to remember that no electronic tether can substitute for a=20
relationship of trust with their child.
[SOURCE: The Christian Science Monitor, AUTHOR: Editorial Staff]
http://www.csmonitor.com/2005/0816/p08s02-comv.html

MEDIA OWNERSHIP

FINANCIER PROPOSES SPINOFF FOR TIME WARNER
Billionaire financier Carl C. Icahn said yesterday that he plans to meet=20
with the chief executive of Time Warner to try to pressure the company to=
=20
spin off its cable-television assets, a move that Icahn believes will boost=
=20
the media company's stock. Time Warner's cable and high-speed Internet=20
operations make up less than a quarter of the company's total $42 billion=
=20
annual revenue. Without the cable operations, Time Warner's empire would=20
still include Warner Bros. Entertainment Inc., New Line Cinema, America=20
Online and a publishing operation. Icahn has a long history of bending=20
companies to his will, either through shareholder activism or by buying up=
=20
large stakes in companies. James C. Goss, a media analyst with investment=
=20
bank Barrington Research Associates Inc., noted that Icahn and his group=20
control about $2.2 billion worth of Time Warner shares -- a small fraction=
=20
of the company's $85.4 billion market value -- so it is unclear how much=20
influence Icahn can wield.
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/15/AR200508...
1481.html
(requires registration)
* Icahn calls on Time Warner to dump cable systems
http://www.usatoday.com/printedition/money/20050816/1b_icahn_16.art.htm

COPY-PROTECTION GEAR SNEAKS INTO PRODUCTS
Controversial copy-protection technology is quietly being added to e-books,=
=20
CDs, DVDs and other products. Companies have been trying to add copy=20
protection to digital music files, DVDs and other products for at least=20
five years. The Recording Industry Association of America says piracy is=20
one reason record sales tumbled 10% from 2000 to 2004. Yet early=20
anti-piracy efforts flopped. Some early CDs with copy protection =97 known =
in=20
the industry as digital rights management (DRM) =97 wouldn't always play=20
properly. Now the kinks are getting worked out. Critics say DRM prevents=20
legitimate uses, such as backing-up a DVD. =93There's basically no benefit=
=20
from the consumer's point of view,=94 says lawyer Fred von Lohmann of the=
=20
Electronic Frontier Foundation, an advocacy group. But tech analysts say=20
DRM is here to stay. Content makers want it, and consumer complaints are=20
waning as it becomes less cumbersome.
[SOURCE: USAToday, AUTHOR: Michelle Kessler]
http://www.usatoday.com/printedition/money/20050816/1b_drm_16.art.htm

NEWS CORP IN TALKS TO BUY BLINKX
Apparently, News Corp. is eyeing an acquisition of closely held Web search=
=20
provider Blinkx. Based in San Francisco, Blinkx is best known for providing=
=20
searches of video files on the Web. It competes with Internet search=20
leaders Google and Yahoo in that upstart category. Media companies have=20
been scooping up Internet names in a bid to profit from the online=20
advertising boom, fueled in part by the popularity of Web search ads from=
=20
Google and Yahoo.
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2005-08-15T181417Z_01_KNE565659_RTRIDST_0_NET-BLINKX-NEWSCORP-DC.XML

QUICKLY

COMPLAINTS, COMPLAINTS, COMPLAINTS
The Commission has released its report on the inquiries and complaints=20
processed by the Consumer & Governmental Affairs Bureau (CGB) during the=20
first quarter of calendar year 2005. Wireless complaints recorded an=20
increase, rising from 4,369 in the 4th quarter Calendar Year 2004 to 7,330=
=20
in the 1st quarter calendar year 2005. There was a decline in the number=
=20
of Radio and Television Broadcasting complaints, which dropped from 317,833=
=20
in the 4th quarter 2004 to 157,650 in the 1st quarter 2005. A decline in=
=20
the number of complaints received in connection with e-mail or write-in=20
campaigns directed at specific radio or television broadcasts accounted for=
=20
the change. Cable and Satellite Services complaints recorded an increase,=
=20
rising from 132 in the 4th quarter 2004 to 718 in the 1st quarter 2005.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260528A1.doc

DECENCY DOCENT
Those concerned about indecency on the airwaves have a new ally in the=20
innermost halls of broadcast regulation. Penny Nance has been hired by the=
=20
FCC as an advisor on indecency issues. Nance is a former board member for=
=20
Concerned Women for America, a group dedicated to "helping=85to bring=20
Biblical principles into all levels of public policy." A talk with=20
Mediaweek reporter Todd Shields about the appointment and its implications.
[SOURCE: OntheMedia]
http://www.onthemedia.org/stream/ram.py?file=3Dotm/otm081205e.mp3

BUSH ADMINISTRATION OBJECTS TO .XXX DOMAINS
The Bush administration is objecting to the creation of a .xxx domain,=20
saying it has concerns about a virtual red-light district reserved=20
exclusively for Internet pornography. Michael Gallagher, assistant=20
secretary at the Commerce Department, has asked for a hold to be placed on=
=20
the contract to run the new top-level domain until the .xxx suffix can=20
receive further scrutiny. The domain was scheduled to receive final=20
approval today.
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/Bush+administration+objects+to+.xxx+domains/2100-102...
-5833764.html?tag=3Dnefd.top

BLOGGING TO BE FREE
[Commentary] In addition to bringing the word to other bloggers and to the=
=20
wired in general, the blogosphere has become one of the primary cues of=20
standard media. If something gets big in the blogosphere, it later will be=
=20
covered in the newspapers and TV. The electronic tricks of the human rights=
=20
trade provide amplification. Software like Adam Globus-Hoenich's=20
ActivePetition software allows our supporters to swamp an unlimited number=
=20
of recipients with personalized messages. Newspapers, even individual Web=
=20
sites, are relatively easy to shut down. But what can't be shut down is a=
=20
self-perpetuating system like the blogosphere. What our experience has=20
shown is not that a single organization, the Committee to Protect Bloggers,=
=20
is a threat to tyrants, but that blogging itself is. Blogging's culture of=
=20
sharing, quoting and linking has created a radical redundancy for powerful=
=20
ideas. Blogging is so decentralized that the complete suppression of=20
dissent is becoming increasingly impractical. Will that lead to a messianic=
=20
age of liberty and justice for all? I think that's unlikely. But there are=
=20
14 million other bloggers out there, and they've all got their opinions.
[SOURCE: C-Net|News.com, AUTHOR: Curt Hopkins, Committee to Protect Blogger=
s]
http://news.com.com/Blogging+to+be+free/2010-1071_3-5833728.html?tag=3Dn...
.ac

'WASH POST' CUTS TIES TO PENTAGON EVENT AFTER PROTESTS
The Washington Post announced that it will cease its co-sponsorship of the=
=20
Pentagon-organized Freedom Walk next month. The paper's involvement had=20
drawn heat from within and outside the paper, with a guild committee=20
calling for the link to end. The newspaper told the Department of Defense=
=20
that it was pulling back on its offer of free ads for the event--a march up=
=20
the mall ending with a concert by pro-war country singer Clint Black. "As=
=20
it appears that this event could become politicized, The Post has decided=
=20
to honor the Washington area victims of 9/11 by making a contribution=20
directly to the Pentagon Memorial Fund," said Eric Grant, a Post spokesman.=
=20
"It is The Post's practice to avoid activities that might lead readers to=
=20
question the objectivity of The Post's news coverage."
[SOURCE: Editor&Publisher]
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...
t_id=3D1001015384

GENERATION GAP EXISTS BETWEEN KIDS, PARENTS OVER BACK-TO-SCHOOL TECHNOLOGY
Back-to-school time means parents are eyeing new gear to make students more=
=20
productive -- computers, cell phones, handheld computers or graphing=20
calculators. Kids, however, have their own ideas; they are looking to use=
=20
technology to express themselves -- high on the wish list is a music=20
player/iPod.
[SOURCE: San Jose Mercury News]
http://www.rednova.com/news/technology/207407/generation_gap_exists_betw...
_kids_parents_over_backtoschool_technology/

ONLINE TUTORING PART OF GROWING TREND
Once a dot-com pipe dream, online education is now maturing into a viable=
=20
market. More than 2.6 million students in the United States were expected=
=20
to study online through courses and tutoring last fall, up from 1.9 million=
=20
in 2003, according to the Sloan Consortium, an online research group.=20
What's fueling the growth? An increase in the number of non-traditional=20
students who don't have a lot of time to look for on-campus resources, a=20
more competitive educational landscape in which colleges and schools are=20
trying harder to attract students with additional services and students'=20
greater familiarity with the Internet.
[SOURCE: Washington Post, AUTHOR: Mark Chediak]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/15/AR200508...
1265.html
(requires registration)

REALITY'S PEN
Reality shows offer a glimpse of real life, unmediated by script-writers or=
=20
story boards. Right? Wrong, says Daniel Petrie, Jr., president of the=20
Writers Guild of America, west. According to Petrie, reality show editors=
=20
serve the same function as traditional writers, piecing together story arcs=
=20
out of hundreds of hours of raw tape. And thus, they should be recognized=
=20
under the same union rules that govern traditional TV contracts.
[SOURCE: OntheMedia]
http://www.onthemedia.org/stream/ram.py?file=3Dotm/otm081205h.mp3
--------------------------------------------------------------
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 Monday August 15, 2005

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

TELEVISION
FCC Seeks Input on Video Competition, Including Bells=92 Plans
TV seen following Net model
Evening News Looks Long-Term
Cable Is Up Late, Plotting TV Talk Shows' Demise
On RFD-TV, A Horse Is a Horse, Not 'Mr. Ed'

OWNERSHIP
Remove the Barriers to Minorities in Media
Cable, Consumer Groups Clash Anew
Radio Daze

BROADBAND
BPL Industry Gung Ho on Tex. Video Competition Bill
Web access may be as close as an electrical outlet
Bristling Over Municipal Broadband In Bristol, Va.

PEOPLE
Martin Emerges as =91Doer=92 Chairman; Some Criticize
Management Style
Telecom Legislation Prompts New Lobbying Registrations

QUICKLY -- Qwest, Union Resume Contract Negotiations; MTV Says PTC Is Off=
=20
Base; Cox Challenges Okla. Ruling On Rival SBC; Sprint Completes=20
Acquisition Of Nextel; FCC Proposes Forfeitures for USF Violations; What=20
You Can't Say Will Hurt You

TELEVISION

FCC SEEKS INPUT ON VIDEO COMPETITION, INCLUDING BELLS' PLANS
The FCC wants input on a variety issues for its annual video competition=20
report, including obligations Bells may incur to as they start to sell=20
their own pay-TV services. The notice of inquiry (NOI) for the 12th annual=
=20
assessment of the market for delivering video programming also requests=20
analyses of how conglomeration affects programming and seeks opinions on=20
the DTV transition. The NOI, issued Fri., stalled amid an 8th-floor tussle=
=20
over deregulating DSL, and was pulled from the Commission=92s August meetin=
g=20
agenda. The FCC also wants information on cable and DBS rates and service=
=20
quality; from 1998 through last year, monthly rates for certain cable=20
products rose 32%. The Commission wants to know the effect companies=20
including Cablevision, Comcast, DirecTV and Time Warner, which own both TV=
=20
programming and distribution businesses, =93have on other video distributor=
s=92=20
abilities to obtain programming.=94
[SOURCE: Communications Daily, AUTHOR: Jonathan Make]
(Not available online)
* FCC News Release:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260525A1.doc
* Notice of Inquiry:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-155A1.doc
* Commissioner Copps:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-155A2.doc
* Commissioner Adelstein:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-155A3.doc
* FCC Launches Cable-Competition Report
http://www.multichannel.com/article/CA634715.html?display=3DBreaking+News

TV SEEN FOLLOWING NET MODEL
Amid a battle to rule the living room of the future, cable television and=
=20
phone companies are ripping a page from playbooks written by Google Inc.=20
and Yahoo Inc. to help navigate through the thousands of shows made=20
possible by next-generation TV. Rather than passively flipping through a=20
conventional electronic program guide much in the same way they would a=20
print TV Guide, viewers are more likely to actively search for programs as=
=20
they would on a Web site. These search capabilities become more important=
=20
as pay television services fill up advanced services such as=20
video-on-demand and digital video recorders (DVR) with more programming.=20
Borrowing ideas from the Internet is tinged with irony at a time when the=
=20
very archetypes for how to improve TV -- Google and Yahoo -- are both=20
planting stakes in the entertainment market. Yahoo, run by former Hollywood=
=20
veteran Terry Semel, has refashioned itself as an entertainment company.=20
Google has vowed to one day sell access to video. All told, TV's shift=20
could have broad implications in the $65 billion U.S. TV advertising=20
market. Broadcast television networks that base their advertising rates on=
=20
the programming schedule, are already bracing for the impact of DVRs. The=
=20
programming schedule business model could well disappear if viewers stopped=
=20
channel surfing for shows.
[SOURCE: Reuters, AUTHOR: Kenneth Li]
http://in.today.reuters.com/news/newsArticle.aspx?type=3DtechnologyNews&...
ryID=3D2005-08-12T043842Z_01_NOOTR_RTRJONC_0_India-212424-1.xml

EVENING NEWS LOOKS LONG-TERM
While the demise of the nightly news has been predicted for many years, the=
=20
money is actually not bad for the No. 1 and No. 2 newscasts, says a network=
=20
executive, but =93it's awfully hard to be No. 3.=94 Today, that distinction=
=20
falls to CBS. Perhaps the network might make more money by dropping its=20
evening newscast and giving that precious time back to its=20
owned-and-operated stations for an extra half-hour of local news. The=20
evening newscasts still command a sizable audience, and all of them are at=
=20
least marginally profitable. Furthermore, they help support the bigger=20
moneymakers in the morning. Says Heyward, =93Evening news is not only viabl=
e,=20
but critical to the mix.=94 The evening newscasts are far from the=20
institutions they were before the age of cable TV and the Internet. In the=
=20
1960s and '70s, the newscasts, along with a handful of major newspapers,=20
had the ability to set the nation's news agenda. No more. According to=20
Nielsen Media, back in the '70s, 35% of all households tuned into Walter=20
Cronkite or John Chancellor on an average night. A decade ago, the evening=
=20
news' share was still 24%. Today, just 18% watch. But while the audience=20
has plunged, revenues have not. Despite the shrinking audience, broadcast=
=20
networks each year generally coax more money out of advertisers for the=20
viewers who do tune in. And despite the rise of the morning shows,=20
evening-news shows account for an even higher portion of broadcast news=20
revenues than in 1999. That's because prime time newsmagazines -- once a=20
thriving billion dollar business -- have largely been displaced by reality=
=20
shows. So the evening news now generates around 22% of broadcast-news=20
revenues, up from 19% in 1999.
[SOURCE: Broadcasting&Cable, AUTHOR: John M. Higgins]
http://www.broadcastingcable.com/article/CA634736?display=3DNews&referral=
=3DSUPP
(free access for Benton's Headlines subscribers)

CABLE IS UP LATE, PLOTTING TV TALK SHOWS' DEMISE
Although the networks still attract far more viewers between 11 p.m. and 1=
=20
a.m., their primacy is slowly being eroded =97 with potentially worrisome=
=20
results. Cable steadily nibbled away at broadcasters' share of the=20
lucrative prime-time audience over the last 10 years. Yet late night=20
remains one of the few times of the day when big networks keep a commanding=
=20
lead (another is 7 to 9 a.m.). If the trend continues and viewers keep=20
fleeing to cable after 11 p.m., analysts say, advertiser dollars will=20
follow. It could represent a cultural change as well. Young viewers, TV=20
veterans say, are increasingly migrating to cable because the programming=
=20
isn't subject to content restrictions from the Federal Communications=20
Commission and is often spicier -- if not necessarily raunchier -- than=20
that found on traditional networks. During its late-night block, Comedy=20
Central allows profanity it doesn't permit during other times of day. The=
=20
11 p.m. "Daily Show," for example, ran a clip of columnist Robert Novak's=
=20
recent on-air tirade on CNN =97 and didn't bother to bleep the expletive he=
=20
uttered before storming off the set. The message in all this seems clear:=
=20
As in so many other arenas, the old media paradigms are crumbling.
[SOURCE: Los Angeles Times, AUTHOR: Scott Collins]
http://www.latimes.com/news/printedition/front/la-na-latenite15aug15,1,8...
3.story?coll=3Dla-headlines-frontpage
(requires registration)

ON RFD-TV, A HORSE IS A HORSE, NOT 'MR. ED'
The Federal Communications Commission requires satellite companies to allot=
=20
4% of their bandwidth for channels which can't sell ad time and which are=
=20
supposed to air informational or educational programming. RFD-TV is one of=
=20
those channels, covering rural issues. RFD-TV still has to pay for airtime,=
=20
which it does by collecting underwriting and sponsorships, in much the same=
=20
way public broadcasters do. RFD-TV hasn't yet paid for Nielsen ratings, but=
=20
subscriptions to its bimonthly, $30-a-year program guide and magazine have=
=20
climbed to 70,000 from 20,000 at the end of 2003. Last year, the magazine=
=20
generated some $2 million in revenue, enough to cover the channel's=20
operating costs for the year. The channel harkens back to a time when=20
agricultural news and farm life were considered almost mainstream. From the=
=20
1950s to the 1970s, several popular TV shows -- "Green Acres," "The Andy=20
Griffith Show," "The Real McCoys" -- resided in rural America. Early radio=
=20
programming emphasized farm news. But as more people moved to the city and=
=20
the suburbs, that kind of programming faded. RFD-TV is planning a half-hour=
=20
rural news show. With 10 minutes of news, four minutes of weather and eight=
=20
minutes of commodity market analysis, the planned "Rural Evening News" will=
=20
tackle stories that might get short shrift at regular news outlets, such as=
=20
the effect of a cold front on crops or the ramifications of a mad-cow=20
tissue study.
[SOURCE: Wall Street Journal, AUTHOR: Timothy W. Martin=20
timothy.martin( at )wsj.com]
http://online.wsj.com/article/0,,SB112405480320612673,00.html?mod=3Dtoda...
us_marketplace
(requires subscription)

OWNERSHIP

REMOVE THE BARRIERS TO MINORITIES IN MEDIA
[Commentary] There has been notable progress for racial and ethnic=20
minorities in the United States in the media since the 1960s. Back then the=
=20
Kerner Commission was right on target when it charged that =93important=20
segments of the media failed to report . . . on the underlying problems of=
=20
race relations. They have not communicated to the majority of their=20
audience =AD which is white =AD a sense of the degradation, misery, and=20
hopelessness of life in the ghetto.=94 Many of that commission=92s=20
recommendations of expanded coverage, integration of the news staffs, and=
=20
training and recruitment of black journalists were implemented in the years=
=20
immediately after the riots. But as the FCC understood during the Carter=20
administration, the voice of minority groups in the media is limited by the=
=20
severe under-representation of minorities among broadcast licensees. Not=20
only do owners tend to hire employees who come from their same ethnic=20
group, they also tend to serve those audiences they are most familiar with.=
=20
A recent American Society of Newspaper Editors study found that minorities=
=20
made up 13.42 percent of employees at daily papers in 2004, as compared to=
=20
12.95 in 2003. And according to the latest RTNDA/Ball State University=20
Annual Survey, minorities comprised 21.2 percent of local television news=
=20
staffs in 2004, compared with 21.8 percent in 2003. But the local radio=20
minority workforce fell to 7.9 percent in 2004 from 11.8 percent in 2003.=
=20
The percentage of minorities in radio dropped in large part because of the=
=20
significant consolidation in the radio industry and the decimation of local=
=20
radio newsrooms even among black owners. Americans will never be able to=20
speak clearly and honestly with each other if one group of Americans=20
continues to control 98 percent of the federal licenses to the most=20
dominant form of local communication. Ethnic media will not be empowered to=
=20
speak to and for the communities it serves if the FCC does not take=20
seriously its obligation to remove the barriers that block minority=20
participation in the communications industry. How long do we have to wait=
=20
for the FCC to act?
[SOURCE: Center for American Progress, AUTHOR: Mark Lloyd]
http://www.americanprogress.org/site/pp.asp?c=3DbiJRJ8OVF&b=3D959321

CABLE, CONSUMER GROUPS CLASH ANEW
After a protracted, multiyear struggle on Capitol Hill, Congress passed a=
=20
law in late 1992 that required the Federal Communications Commission to cap=
=20
the size of cable companies and ensure cable carriage of channels not owned=
=20
by cable operators. As a result of court setbacks and bureaucratic=20
inaction, valid FCC rules have been in effect for just a few months during=
=20
the entire 13-year period, an era characterized by a series of=20
cable-operator mergers that the federal government refused to block. But=20
cable ownership is back on the FCC agenda. With a deregulatory mindset,=20
former FCC chairman Michael Powell declined to push for new rules. Powell=
=20
successor Kevin Martin, who took office in March, has different ideas,=20
announcing in May that the agency would attempt to put new rules on the=20
books and defend them in court. Federal law requires the FCC to set=20
=93reasonable limits=94 on the number of subscribers served by a single cab=
le=20
company. It also calls for a cap on the number of channels an operator may=
=20
fill with its own programming. Furious that the FCC has let a top-heavy=20
cable industry emerge, Consumers Union, the Consumer Federation of America=
=20
and Free Press in joint comments called for rules that would assign greater=
=20
value to urban than to rural subscribers, apparently in an effort to break=
=20
up markets and regions dominated by a single cable company -- for example,=
=20
Comcast in Philadelphia or Time Warner in Los Angeles, after its merger=20
with Adelphia Communications. =93Setting a meaningful horizontal limit on t=
he=20
national reach of cable operators based on an advertising market weighted=
=20
measure of subscribers would be a major step in the right direction,=94 sai=
d=20
the consumer groups, adding that their formula would require Comcast to=20
sell 4 million subscribers and back away from the Adelphia deal. The Media=
=20
Access Project, a public-interest law firm that helped defeat Powell=92s=20
effort to relax broadcast-ownership rules, is planning to ask the FCC to=20
cap one cable company at 25% of all U.S. pay-TV subscribers. That cap would=
=20
force Comcast, at 29% after the Adelphia merger, to sell systems. MAP=20
attorney Harold Feld said that because he believes the FCC would never=20
force Comcast to sell, MAP would not ask for retroactive enforcement.=20
=93Given the commission=92s reluctance to order divestitures, we don't thin=
k=20
divestitures are likely,=94 Feld said.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA634624.html?display=3DPolicy
(requires subscription)

RADIO DAZE
Payola or no, the industry will still be in the hands of just a few=20
players, dominated by product churned out by Sony BMG and its three major=
=20
competitors -- EMI Group, Vivendi's Universal Music Group and Warner Music=
=20
Group -- and programmed by giants like Clear Channel Communications and=20
Viacom's Infinity unit. But radio does need to change its habits, and not=
=20
because the industry may be violating vague, often puzzling laws written=20
four decades ago. Radio needs to change the way it programs itself because=
=20
its audience is tuning out. Listenership has been dropping since 2003. And=
=20
after posting double-digit growth rates for most of the 1990s, radio ad=20
sales have slowed to a barely perceptible crawl: Last year advertising=20
revenue climbed just 2%, to $21.4 billion. If it wants to, though, the=20
business could help itself, simply by doing a better job of finding out=20
what listeners want. It can start by turning to the Internet. The Web can=
=20
provide radio program directors, and the record labels who try to persuade=
=20
them to play their music, with all sorts of useful data, if they're willing=
=20
to use it.
[SOURCE: Forbes.com, AUTHOR: Peter Kafka]
http://www.forbes.com/2005/08/09/radio-programming-music-cx_pk_0809radio...
int.html

BROADBAND

BPL INDUSTRY GUNG HO ON TEXAS VIDEO COMPETITION BILL
The nascent broadband over power line (BPL) sector is cheering the Texas=20
video franchising bill passed last week, calling it a model states can use=
=20
to speed utility deployments. The bill is the first of its ilk that =93trie=
s=20
to clarify=94 state regulatory issues for utilities to enter the BPL=20
business, says Brett Kilbourne, regulatory director of the United Power=20
Line Council (UPLC). The bill effectively removes BPL from municipalities=
=92=20
ambit, specifically denying them jurisdiction over rates, operations or=20
services related to BPL system construction, maintenance or operation.=20
Contending that BPL systems benefit electric utility operations, the bill=
=20
also would bar municipalities from imposing easement or right-of-way=20
obligations on BPL beyond what utilities already pay for electric purposes.=
=20
The measure clarifies BPL providers=92 open access obligations, said=20
Kilbourne. Giving utilities discretion in entering the BPL business, the=20
bill says once they do, they aren't obliged to provide open access. On=20
affiliate transactions, the bill would let a BPL firm charge a BPL operator=
=20
to use power lines. Similarly, a BPL operator could charge the utility for=
=20
utility services like automated meter reading and outage detection. When a=
=20
BPL system is installed on a telecom pole, the telecom firm should be paid=
=20
the =93customary=94 pole attachment fee, the bill says. CommDaily also repo=
rts=20
that Texas Gov Rick Perry (R) is likely to decide this week whether or not=
=20
to sign the bill. He had said he would sign no bill before the state=20
legislature agreed on education funding legislation.
[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]
(Not available online)
* Telco Two-Step
http://www.multichannel.com/article/CA634752.html

WEB ACCESS MAY BE AS CLOSE AS AN ELECTRICAL OUTLET
Broadband over Power Lines (BPL), with investments from big-name companies=
=20
including Google and IBM, is beginning to move beyond small trial projects=
=20
to deploying systems for large communities. Highly regulated power=20
companies, which operate as local monopolies, generally take a conservative=
=20
approach to new ventures, especially those outside their core mission. What=
=20
is winning them over has been the possibility of using BPL to improve=20
efficiency. With BPL, utilities can quickly identify where outages have=20
taken place, read meters remotely, and conduct preventive maintenance, such=
=20
as replacing a transformer before it fails, by monitoring unusual "noise"=
=20
on the system. While BPL faces strong competition in urban and suburban=20
areas already served by cable and phone companies, underserved rural=20
communities could benefit. But don't include single homes miles from any=20
others. An Internet signal degrades as it travels long distances over a=20
power line. The signal needs to be boosted along the way. Running service=
=20
to a single home is too costly, but service to clusters of perhaps 50 homes=
=20
or more is feasible.
[SOURCE: The Christian Science Monitor, AUTHOR: Gregory M. Lamb]
http://www.csmonitor.com/2005/0815/p13s01-stct.html

BRISTLING OVER MUNICIPAL BROADBAND IN BRISTOL, VA
The city of Bristol, which overlaps the Tennessee and Virginia border, is=
=20
literally a town divided. The Virginian twin only recently emerged from=20
legal battles over efforts to offer telecommunications service, including=
=20
high-speed Internet, while the Tennessee city is pushing forward with plans=
=20
for a municipally owned fiber-optic network without the same legal trouble.
[SOURCE: Technology Daily, AUTHOR: Chloe Albanesius]
http://www.njtelecomupdate.com/lenya/telco/live/tb-KXJR1123878279840.html

PEOPLE

MARTIN EMERGES AS 'DOER' CHAIRMAN; SOME CRITICIZE MANAGEMENT STYLE
After 5 months on the job, FCC Chairman Kevin Martin, rumored to be=20
resigning back on April 1, is instead gaining a reputation as a politically=
=20
savvy consensus builder who gets things done quickly, a skilled negotiator=
=20
and one of the most knowledgeable chairmen ever on the issues. But he draws=
=20
criticism for being a top-down manager who doesn't delegate. Chairman=20
Martin personally ran negotiations with Democratic Commissioners Copps and=
=20
Adelstein that led to the wireline Internet access order=92s passage in=20
record time -- less than 6 weeks after the U.S. Supreme Court approved=20
similar FCC regulatory treatment for cable modem service. The order also=20
reflected Martin=92s political savvy, sources said. For example, the=20
compromises he offered the Democrats hardly were abhorrent to the=20
Republicans. He proposed measures assuring law enforcement access to DSL=20
and VoIP services and protecting rural telephone companies against revenue=
=20
declines. The order reportedly doesn't give the Bells everything they=20
wanted and will include some protection for competing LECs. In general, =93=
I=20
think he is a very accurate reflection of the White House and Republican=20
policy on the economy, technology and telecommunications,=94 said attorney=
=20
Andrew Lipman. Martin subscribes to the same =93broad themes of deregulatio=
n,=20
economic expansion, less government, fewer crutches to competitors and=20
letting everyone compete from the same starting place,=94 Lipman said. =93H=
e=92s=20
made clear that the number one issue is broadband deployment, which is the=
=20
only issue the White House has spoken on.=94
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)

TELECOM REGISTRATION LEGISLATION PROMPTS NEW LOBBYING REGISTRATIONS
According to the latest filings with the Secretary of the Senate, it is a=
=20
good time to be a communications policy lobbyist. For example, Verizon this=
=20
year has hired 5 firms to lobby Congress on issues such as telecom and=20
broadband, spectrum allocation and regulatory parity in broadband=20
deployment. While some companies hire firms for specific issues such as=20
mergers or indecency legislation, others bring on board experts that have=
=20
key contacts on Capitol Hill on committees that oversee telecom. Shuffling=
=20
firms is commonplace, said one lobbyist, and often personal contacts lead=
=20
to a firm landing new clients. For instance, the former Bracewell Patterson=
=20
group added new clients including News Corp. when Rudolph Giuliani joined=
=20
its practice with an office in New York. Most companies that can afford it=
=20
hire multiple firms with specialized expertise.
[SOURCE: Communications Daily, AUTHOR: Tom Wonder, Anne Veigle]
(Not available online)

QUICKLY

QWEST, UNION RESUME CONTRACT NEGOTIATIONS
Qwest, the fourth-largest U.S. local telephone company, is negotiating a=20
new contract with the Communications Workers of America which represents=20
25,000 of the company's workers. The two sides avoided a strike over the=20
weekend. Qwest is asking the union for help in cutting costs. The company,=
=20
based in Denver, has $17 billion in debt. The union has said the main=20
disputes in the bargaining were Qwest's proposals for mandatory overtime,=
=20
wages, health care and retiree benefits. The CWA's executive board Saturday=
=20
authorized a strike, but its president must set a date before the union=20
would strike. The union staged a two-week strike in 1998 against the=20
company, and agreed to a wage freeze two years ago. Qwest is the dominant=
=20
local telephone company in 14 states.
[SOURCE: Wall Street Journal, AUTHOR: Reuters]
http://online.wsj.com/article/0,,SB112404669072112644,00.html?mod=3Dtoda...
us_marketplace
(requires subscription)

MTV SAYS PTC IS OFF BASE
MTV was taking issue Friday with a Parents Television Council study=20
suggesting its programming was filled with inappropriate language that=20
wasn't being identified with an L warning in its content ratings. "The=20
report is wrong," said MTV. "We do use descriptors when warranted and we=20
don't air vulgar language," said Jeannie Kedas, MTV spokeswoman.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA634284?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

COX CHALLENGES OK RULING ON RIVAL SBC
Cox Communications has filed a state Supreme Court challenge in Oklahoma,=
=20
alleging the state=92s utility regulators violated their own rules in a=20
proceeding late last month that gave landline pricing flexibility to SBC=20
Communications. The operator also petitioned the Oklahoma Corporation=20
Commission on Aug. 4 to reconsider its own order. The OCC voted 2-1 on July=
=20
28 on the SBC pricing flexibility request. In return for diminished=20
regulation, SBC was ordered to extend digital-subscriber line access to 68=
=20
rural communities. If completed, this will extend DSL to all of SBC=92s=20
switching facilities. Cox and the state=92s cable lobby opposed the move,=
=20
arguing there is insufficient competition to justify deregulation.
[SOURCE: Multichannel News, AUTHOR: Linda Haugsted]
http://www.multichannel.com/article/CA634623.html?display=3DPolicy
(requires subscription)

SPRINT COMPLETES ACQUISITION OF NEXTEL COMMUNICATIONS
Sprint completed its $35 billion acquisition of Nextel Communications to=20
form Sprint Nextel. Announced in December, the acquisition creates a=20
cellular giant with more than 40 million subscribers.
[SOURCE: Wall Street Journal]
http://online.wsj.com/article/0,,SB112407239456113054,00.html?mod=3Dtoda...
us_marketplace
(requires subscription)

FCC PROPOSES ALMOST $1.5 MILLION IN FORFEITURES FOR UNIVERSAL SERVICE FUND=
=20
VIOLATIONS
On Friday, the Federal Communications Commission issued Notices of Apparent=
=20
Liability ("NALs") totaling almost $1.5 million against two=20
telecommunications carriers for apparently violating Universal Service Fund=
=20
("USF") and regulatory fee rules. The two corporations that are the subject=
=20
of the NALs are Telecom Management, Inc., and OCMC, Inc.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260537A1.doc

WHAT YOU CAN'T SAY WILL HURT YOU
[Commentary] The United States has a long and unfortunate history of=20
overreacting to the fears and anxieties of wartime and excessively=20
restricting the freedom of speech.
[SOURCE: New York Times, AUTHOR: Geoffrey R. Stone, University of Chicago]
http://www.nytimes.com/2005/08/15/opinion/15stone.html
(requires registration)
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=
=20
Friday, this service provides updates on important industry developments,=
=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

Benton's Communications-related Headlines For Friday August 12, 2005

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

REGULATION
Communications Companies Rankle Customers
Forget Deregulation
Brand X Decision Raises Broader Questions

PAY TV
Seeking Cable Ownership Limits
DTV Consortium Led By Emmis Lies Dormant

TELECOM
Consumer Advocates want study of Declining Telephone Penetration
Cellphone Lines Draw Scrutiny

JOURNALISM
Antiwar Activists Decry Media's Role in Promoting Pentagon Event
The New Ernie Pyles
U.K. Media Law Keeps News On Bomb Suspects Out of Press
Cable Can't Get Beyond the Pale

PEOPLE
Michael Powell's Golden Revolving Door
Debra Tica Sanchez Vice President of Government Relations, APTS

QUICKLY -- Bozell Gives MTV L; Nielsen Study to Gauge Placements; Marketers
Wrestle with Hard-to-Control Web Content; Advocating for Increased Federal
Funding for Communications Research

REGULATION

COMMUNICATIONS COMPANIES RANKLE CUSTOMERS
Even as technology races to new heights in the communications industry, the
mundane matter of customer service keeps dragging consumers back to earth.
Such companies now rate near or at the bottom in some customer satisfaction
surveys, even as the government moves to loosen oversight and deregulate
the industry. a series of mergers and regulatory decisions in the industry
could worsen problems by concentrating power in the hands of fewer, bigger
companies, consumer advocates say. Two recent decisions -- one last week by
the Federal Communications Commission and another by the Supreme Court in
June -- could reduce competition because phone and cable companies will no
longer be required to lease their lines to rival Internet service
providers. "They're not really afraid of losing your business. You have
nowhere else to go," Gene Kimmelman, director of Consumers Union, said of
the industry's big players. "Mergers are definitely going to make it worse,
reducing the competitive threat even more."
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/11/AR200508...
(requires registration)

FORGET DEREGULATION
Media Life asked media planners and buyers "What's your opinion of media
deregulation?" Three-quarters of respondents agree with the statement:
"It's absurd. I don't want one huge conglomerate to own everything. It's
not fair to the little guys and it really hurts me as a buyer/planner." But
media people also worry that further consolidation will have the effect of
hurting the quality of the entertainment product in which they play their
clients' ads. The question: "What does media deregulation mean for the
quality of entertainment? Will it suffer?" Eighty percent think so,
agreeing with the statement: "Yes. With less competition, of course there
will be fewer innovations and less critical thinking. You can already see
it on TV and radio." Just 20 percent disagree. Many readers think the
entire deregulation issue has become tainted by politics. We asked readers:
"If you could give new FCC chairman Kevin Martin one piece of advice as he
wades into deregulation, what would it be?" "Leave politics at home.
Remember the original intention of the FCC and that the airwaves belong to
the people," advises one respondent. "Stop catering to the big corporations
and think about what's right for the American public--which is his job,
after all," writes another. And if Martin should choose to move ahead with
deregulation, he should put some real thought into how it ought to be done.
Obviously, past efforts failed, and readers believe it was because they
seemed arbitrary, based on numbers rather than solid reasoning. One reader
advises Martin: "Research the answer to the question: If this passes, what
will the consequences be to the country economically in 10 years?"
[SOURCE: Media Life, AUTHOR: Toni Fitzgerald]
http://www.medialifemagazine.com/News2005/aug05/aug8/4_thurs/news4thursd...

BRAND X DECISION RAISES BROADER QUESTIONS
The Supreme Court's Brand X decision has broader implications than simply
affirming the FCC's classification of broadband, states Randolph May,
Senior Fellow at the Progress & Freedom Foundation. In addition to
classifying broadband Internet service as an information service, the
decision also strongly reaffirms a seminal Supreme Court ruling from over
20 years ago. In the process, the Court enhanced the authority of federal
agencies by clarifying that an agency interpretation of an ambiguous
statute trumps even a prior judicial interpretation of the same statute.
[SOURCE: Progress & Freedom Foundation]
http://www.pff.org/news/news/2005/081105maynlj.html

PAY TV

SEEKING CABLE OWNERSHIP LIMITS
Media activists say they want cable ownership caps to ensure consumers have
access to a wider array of programming. A Free Press campaign against cable
ownership consolidation has generated some 19,000 e-mails to the FCC, and
the group predicts more. In an Aug. 8 joint filing with the Consumer
Federation of America and Consumers Union, Free Press demanded a horizontal
ownership limit of 20-30% of all cable customers. "There's a lot of
traction on the issue, and I think you will see more," said a Free Press
spokesman. "People are finally really taking notice."
[SOURCE: Communications Daily, AUTHOR: Jonathan Make]
(Not available online)

DTV CONSORTIUM LED BY EMMIS LIES DORMANT
A consortium of TV stations led by Emmis Communications, aimed at using
extra DTV channels to compete with cable, lies dormant. "We got frustrated
and it was too hard for us to take the lead. But we still think it needs to
be done," Emmis Chairman. Jeff Smulyan told us. The plan, unveiled at NAB
convention in Las Vegas in 2004, was to add a 2nd revenue stream by selling
programming to the public on broadcasters' excess digital channels.
Subscribers would buy a set top box for less than $100 and pay TV stations
about $25 monthly for local signals and at least 30 cable channels. Many
broadcasters supported the concept, including Clear Channel, Citadel,
Meredith and Nexstar. Roughly 40 companies signed on to the initiative, but
the problem was getting the industry in "concert", Smulyan said. "No one
could agree on the terms and the networks and stations weren't on the same
page," he said. Complicating matters is Emmis' plan to sell its 16 TV stations.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

TELECOM

CONSUMER ADVOCATES CALL FOR STUDY OF DECLINE IN THE NUMBER OF HOUSEHOLDS
WITH TELEPHONE SERVICE
The National Association of State Utility Consumer Advocates (NASUCA) is
calling on the FCC to shed light on statistics that show that 8.7 million
households are without telephone service, the largest number of homes since
1983. NASUCA is concerned about any disturbing trends that could be behind
the numbers, which show a decline in households with telephone service from
March 2003 (95.5 percent of homes) to March 2005 (92.4 percent of homes).
The concerns are based on NASUCA's examination of the FCC's "Subscribership
Report," which is published three times per year. The FCC reports consider
subscribers of both traditional home telephone and wireless service.
Therefore, the declining numbers could reflect fewer consumers having any
ability to make and receive calls in their homes. NASUCA noted that an
explanation of the declines could be statistical in nature but could also
indicate that a significant problem exists with consumers' access to basic
local telephone service.
[SOURCE: National Association of State Utility Consumer Advocates]
http://www.nasuca.org/newsroom/nasuca%20telephone%20subscribership%20dro...

CELLPHONE LINES DRAW SCRUTINY
The use of cellphones to detonate bombs in Iraq is prompting debate about
the merits of shutting down entire wireless networks to head off terrorist
attacks. While authorities in the U.S. apparently have yet to ask a
wireless carrier to shut down its entire network, government officials,
trying to head off possible cellphone-enabled attacks in New York, last
month turned off equipment that permits cellular service in four tunnels in
Manhattan after four bombs went off in London. Two regional government
agencies -- the Port Authority of New York and New Jersey, which controls
communications in the Holland and Lincoln Tunnels, and the Metropolitan
Transportation Authority, which controls the Brooklyn Battery Tunnel and
the Queens Midtown Tunnel -- authorized the shutdown. The service shutdown
triggered a clash between the needs of law enforcement and those of
consumers. The Cellular Telecommunications and Internet Association, a
Washington group that represents cellphone companies, says carriers are
working with government officials to determine a national standard for
requesting network shutdowns. Cellular carriers have no way to determine
the authenticity of a request to turn off their networks and are hoping for
a standardized process. Some civil libertarians and technology experts are
outraged at the notion of the government cutting off communication to
prevent a perceived threat. Cellphones transmit vital information in times
of emergencies, they say. "This is as idiotic as it gets," said Bruce
Schneier, author of the book, "Beyond Fear: Thinking Sensibly About
Security in an Uncertain World." "Have people forgotten how cellphones
saved lives on 9/11? Not just the fourth plane, but people talking to
people in the Twin Towers." Shutdowns are an example of what Mr. Schneier,
a computer-security expert, calls "movie plot security," which involves
imagining a scenario rather than focusing on broad threats. And it is
futile if a terrorist uses another kind of common detonator such as a
kitchen timer. Afterall, he says, calling a cellphone is one of many ways
to set off a bomb. "Communication," Mr. Schneier says, "benefits the
defenders far more than it benefits the attackers."
[SOURCE: Wall Street Journal, AUTHOR: Dionne Searcey dionne.searcey( at )wsj.com]
http://online.wsj.com/article/0,,SB112380930561111579,00.html?mod=todays...
(requires subscription)

JOURNALISM

ANTIWAR ACTIVISTS DECRY MEDIA'S ROLE IN PROMOTING PENTAGON EVENT
Organizers of next month's planned antiwar demonstrations yesterday
criticized media organizations, including The Washington Post, for
co-sponsoring with the Department of Defense an event to remember the
victims of the Sept. 11 attacks and to support the troops in Iraq. The
Defense Department-sponsored Freedom Walk will proceed from the Pentagon to
the Mall near the Reflecting Pool on the morning of Sept. 11. Country music
star Clint Black is donating his time to perform a concert after the walk
that will be broadcast to troops overseas. DC media outlets The Washington
Post, WTOP radio, WJLA-TV and NewsChannel 8 are donating public service
announcements in advance of the event. Non-media co-sponsors include
Lockheed Martin, Subway and the Washington Convention and Tourism Corp. On
Sept. 24, nearly two weeks after the walk, critics of the war will gather
in Washington for three days of demonstrations, including a concert, a
march and other events. Yesterday, some of those critics said media support
for the Pentagon event undercuts their credibility in covering the
controversial war as well as reporting on antiwar efforts. "No common
person will see this as not taking sides in this war," said Adam Eidinger,
a promoter of the antiwar concert being called Operation Ceasefire. "This
is clearly support for the war because it's being organized by the U.S.
military." "With The Washington Post and other media outlets supporting
this, they are in effect putting their opinions behind the Bush
administration," said Caneisha Mills, a national organizer with the antiwar
group International ANSWER and a student at Howard University.
Representatives of the media organizations drew a distinction between
supporting the troops and supporting the war policy. They also said the
sponsorships emanated from the corporate sides of their companies, not the
newsroom.
[SOURCE: Washington Post, AUTHOR: David Montgomery]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/11/AR200508...
(requires registration)

THE NEW ERNIE PYLES
Since the 1850s, when a London Times reporter was sent to chronicle the
Crimean War, journalists have generally provided the most immediate
first-hand depictions of major conflicts. But in Iraq, service members
themselves are delivering real-time dispatches -- in their own words --
often to an audience of thousands through postings to their blogs. At least
200 active-duty soldiers currently keep blogs. Only about a dozen blogs
were in existence two years ago when the U.S. invaded Iraq, according to
"The Mudville Gazette" ( http://www.mudvillegazette.com ), a clearinghouse
of information on military blogging administered by an Army veteran who
goes by the screen name Greyhawk. Written in the casual, sometimes profane
language of the barracks, the entries give readers an unfiltered
perspective on combat largely unavailable elsewhere. But they are also
drawing new scrutiny and regulation from commanders concerned they could
compromise security.
[SOURCE: Washington Post, AUTHOR: Jonathan Finer]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/11/AR200508...
(requires registration)
* Who was Ernie Pyle? See http://en.wikipedia.org/wiki/Ernie_Pyle

UK MEDIA LAW KEEPS NEWS ON BOMB SUSPECTS OUT OF PRESS
Stories about the men suspected of trying to blow up the London subway and
a bus on July 21 filled Britain's daily newspapers and television networks
for more than two weeks. Dramatic photos showed two suspects surrendering
with their hands in the air to armed police. But earlier this week, the
coverage all but disappeared. As soon as the suspects appeared in court on
Monday, charged with conspiracy to murder and other crimes, the news media
are prohibited by British law from reporting information that might prevent
their fair trials. That means until their trials begin in a year or more,
virtually nothing about them can appear in London's 12 daily newspapers and
other media beyond such basic facts as their names, ages and the charges
against them. The legal restrictions are designed to ensure potential
jurors don't read, watch or hear any reports that might influence their
view of a case. Defense lawyers and the government say such measures are
especially important because Britain's newspapers are notoriously intrusive
and aggressive but often inaccurate and sensationalistic. The media rules,
however, are posing increasing problems. The proliferation of the Internet
and other alternative media is limiting the British government's ability to
restrict information since Britons can read online coverage by foreign
newspapers and independent bloggers. In theory, foreign news media are
subject to the same restrictions on print editions that are sold on British
newsstands and on their Web sites, which can be read in the U.K. But no
foreign news outlet has ever been prosecuted under the law.
[SOURCE: Wall Street Journal, AUTHOR: Mary Jacoby mary.jacoby( at )wsj.com]
http://online.wsj.com/article/0,,SB112379603783011253,00.html?mod=todays...
(requires subscription)

CABLE CAN'T GET BEYOND THE PALE
[Commentary] The pathological cable news obsession with young, attractive
white women who unfortunately vanish continues unabated. Yes, the nation is
still transfixed by Damsels in Distress -- only now it's gotten worse: The
media are suddenly obsessed with their own obsession. Does the whole
Damsels thing result from a lack of diversity in television newsrooms?
Maybe in part, but I don't think that can be the only answer. Television
newsrooms are generally more diverse than newspaper staffs, so if lack of
diversity were the only reason, you'd expect newspapers to be leading the
Damsels charge. But newspapers aren't opening ad hoc bureaus in Aruba;
cable networks are. That leaves one other possibility: Cable television
executives, producers and anchors have decided that viewers will stay glued
to the set to hear endlessly about young, photogenic, missing women -- but
only if they're white.
[SOURCE: Washington Post, AUTHOR: Eugene Robinson]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/11/AR200508...
(requires registration)

PEOPLE

MICHAEL K. POWELL'S GOLDEN REVOLVING DOOR
[Commentary] The announcement that Michael K. Powell has become a "Senior
Advisor" at Providence Equity Partners is evidence once again that the
"revolving door" between the FCC and the very industries it oversees should
be slammed shut. Powell joins his fellow former chairs Richard Wiley, Mark
Fowler, Dennis Patrick, Reed Hundt, and William Kennard, all of whom went
from the FCC to work in the media and telecommunications industries. With
lucrative industry employment ahead of them, FCC chairs (and most
commissioners) have a built-in conflict of interest. They simply can't
take the independent positions necessary to fulfill their responsibilities
to the public -- and to the public interest. In the "free-market" economy
of Washington DC and Wall Street, being a political "quick change" artist
and then going to work for an industry one once oversaw is considered a
mark of success. But the practice does a disservice to the public,
including workers, investors, and competitors. Chairs and Commissioners
should pledge that they will work in the nonprofit sector for a reasonable
period after the serve in office. Otherwise, there will always be the
concern that pro-Big Media philosophies are simply part of resumes for a
highly-paid post-FCC gigs.
[SOURCE: Center for Digital Democracy]
http://www.democraticmedia.org/news/washingtonwatch/FCCrevolvingdoor.html
* Former FCC Chairman To Join Investment Firm
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/11/AR200508...
(requires registration)
* Michael Powell goes to Providence Equity
http://www.usatoday.com/printedition/money/20050812/powell12.art.htm

DEBRA TICA SANCHEZ VICE PRESIDENT OF GOVERNMENT RELATIONS, APTS
The Association of Public Television Stations (APTS) announced Thursday the
promotion of Debra Tica Sanchez to the position of vice president of
government relations. Ms. Sanchez joined the government relations staff at
APTS in July of 2001. Early in her tenure she served dual roles as a
grassroots organizer focused on station advocacy and as a part-time Hill
lobbyist. In the latter capacity, she engineered the creation of a digital
funding program for rural stations that has netted tens of millions of
dollars in digital conversion grants for stations across the country.
Later, Ms. Sanchez's lobbying portfolio expanded to education issues, where
she served as the chief lobbyist for the Ready To Learn and Ready To Teach
programs, as well as appropriations issues. In December of 2004, she was
named director of government relations. Prior to joining APTS, Ms. Sanchez
held stints in Northern Virginia's high tech sector and spent several years
as a special education teacher in Arlington, Virginia and Highland,
Indiana. She was graduated from Indiana University in Bloomington, Indiana
with a Bachelor of Science degree in Special Education.
[SOURCE: Association of Public Television Stations]
http://www.apts.org/news/sanchez_promo.cfm

QUICKLY

BOZELL GIVES MTV L
Brent Bozell's Parents Television Council says MTV hasn't been putting an L
(language) warning on original shows containing plenty of L (partially
bleeped and unbleeped profanities). The group released a six-month study
(January-June 2005) of 136 episodes of shows including lots of Real World,
Making the Band, award shows and specials. PTC says the expletives flew at
the rate of "one every three minutes with no language warnings to parents,"
adding "[This] shows that the cable industry's $250 million dollar campaign
to promote reliance on the V-chip and ratings system is a complete sham."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA634284?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

NIELSEN STUDY TO GAUGE PLACEMENTS
Nielsen Media Research and Nielsen Entertainment are conducting a research
study that will assess the factors that affect the effectiveness of product
placements. The study will analyze the relationship viewers have with a
specific program, as well as their familiarity with the brand and product
category featured as related to the effectiveness of the placements. The
study's initial participants will include CBS, UPN, The Weather Channel,
Discovery Communications Inc., Magna Global, MediaCom, OMD, PHD, Sprint and
Zenith Optimedia.
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
http://www.multichannel.com/article/CA634272.html?display=Breaking+News
(requires subscription)
* Nielsen Drills Down Into Plugs
http://www.broadcastingcable.com/article/CA634188?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

MARKETERS WRESTLE WITH HARD-TO-CONTROL WEB CONTENT
Is it safe to advertise in places on the Internet that are essentially run
by consumers and cannot be controlled? How can they protect themselves and
their good names when blog and chat-room users are liable to say and post
anything? It's not just pornography or off-color language that worries
them. What if consumers got angry about something involving a marketer's
brand, and their remarks got linked to across the Internet? Maybe
advertising in such open spaces is not worth the risk.
[SOURCE: AdAge, AUTHOR: Kris Oser]
http://adage.com/news.cms?newsId=45778

TIA LAUNCHES DIVISION TO ADVOCATE INCREASED FEDERAL FUNDING FOR
COMMUNICATIONS RESEARCH
The Board of Directors of the Telecommunications Industry Association
(TIA), a U.S. trade group for the global information and communications
technology industry, has established a sixth division, whose sole focus is
increasing federal funding for communications technology research. In 2004,
the association convened a Chief Technology Officer (CTO) Council to
advocate increased federal funding for communications-related basic
research in the face of sustained reductions in industry research spending
and an intensely competitive global environment. Participation in the CTO
Council has grown to nearly 30 TIA member company CTOs and senior research
executives, and the council has produced a white paper and recommendations
for addressing this issue. TIA's efforts were applauded by U.S.
Representative Chip Pickering (R-Miss.), vice chair of the House Committee
on Energy and Commerce.
[SOURCE: Telecommunications Industry Association]
http://www.tiaonline.org/media/press_releases/index.cfm?parelease=05-54
--------------------------------------------------------------
Hey, Happy Friday! Have a great weekend. We'll see you Monday.
...and we are outta here.
--------------------------------------------------------------
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 Thursday August 11, 2005

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

ON CAPITOL HILL
Rural Senators Aim To Expand USF
Don't Change Auction Process, FCC Tells Congress
Capitol Hill Telecom Tidbits

BROADBAND
Activists Attack Rosy Broadband Report
Texas OKs Statewide Telco Franchises

OWNERSHIP
Former FCC Chief to Join Providence Equity
A Buoyed Murdoch Blocks a Major Investor
Hollywood, Radio Finally Part Waves
Sprint, Nextel Employees Compete to Keep Their Jobs
Salt Lake City Getting First Duopoly

TEENS & MEDIA
The Movies Are Rated R, but Not on the Billboards
Text Messages Sent by Cellphone Finally Catch On in U.S.

QUICKLY -- NAB Wants Sooner DTV-Tuner Mandate; Cracking Down on 'Mobile
Viewing'; NCAA Wants Media To Drop Indian Names; Challenge to FBI Records
Demands; NSF Funds VoIP Tapping Research; Web Increasingly Cluttered By
Sites Full of Paid Links; Fall Media Reading List

ON CAPITOL HILL

RURAL SENATORS AIM TO EXPAND USF
Three senators representing largely rural states plan to draft legislation
that would strengthen and expand the fund subsidizing telephone service to
rural and impoverished areas. Republicans Conrad Burns of Montana and
Olympia Snowe of Maine, along with Democrat John (Jay) Rockefeller of West
Virginia, plan to draft universal service legislation in consultation with
Senate Commerce Chairman Ted Stevens, R-Alaska. Preserving the $6.5 billion
universal service fund is a top priority of the lawmakers. The legislation
would help build the foundation of Sen Stevens' efforts to revamp universal
service. "We are aware that Senator Burns is working on a USF bill," a
Stevens spokeswoman wrote in an e-mail, noting that Stevens and Burns have
worked together on that and other issues. "We look forward to reviewing his
bill, along with any others introduced by committee members." Sources
speculated that Sen Burns and company would seek to expand the base of
contributors to the fund and revise a Byzantine system of intercarrier
payments.
[SOURCE: Technology Daily, AUTHOR: David Hatch]
http://www.njtelecomupdate.com/lenya/telco/live/tb-WZDU1123706481876.html

DON'T CHANGE AUCTION PROCESS, FCC TELLS CONGRESS
The auction process is a "speedy, efficient mechanism for deploying
spectrum" that has brought the government $26.8 billion while promoting the
broadest possible participation, according to a letter the FCC wrote in
July to House Telecom Subcommittee Chairman Fred Upton (R-MI). The FCC was
responding to 20 questions on spectrum auctions submitted by Rep. Bobby
Rush (D-II) arising from a May 26 hearing on the draft House DTV bill. He
wanted in-depth information on FCC management of the auction process to
determine how quickly the government can log revenue and see if changes
were needed to widen participation by minorities and small businesses in
the bidding process.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)

CAPITOL HILL TELECOM TIDBITS (see bottom of page)
1) The Senate and House Commerce Committees must have digital television
legislation ready by Sept. 16 for inclusion by the budget committees in a
reconciliation package. Both measures would establish a firm transition
date from analog to digital. 2) The House Commerce Committee is making
progress on drafting a telecom bill that will address regulation of
Internet-based phone and video services. Industry sources expect the draft
in September or October. 3) This fall, House Commerce Committee plans to
publish the findings of its investigation into fraud and abuse associated
with the e-rate. 4) The Senate Commerce Committee will reschedule a hearing
on proposed telecom mergers.
[SOURCE: Technology Daily, AUTHOR: David Hatch]
http://www.njtelecomupdate.com/lenya/telco/live/tb-WZDU1123706481876.html

BROADBAND

ACTIVISTS ATTACK ROSY BROADBAND REPORT
Free Press and Consumer's Union say FCC Chairman Kevin Martin was wearing
rose-colored glasses when he touted a July report on the progress of the
country's rollout of broadband service. The two released a report of their
own Wednesday, a "broadband reality check" they said shows the FCC is
"failing to confront the digital divide."
The groups argue that the FCC's definition of 200 Kilobits per second as
high-speed Internet access is barely fast enough for streaming video and
"far below" the high-speed threshold for other countries. It also argues
that the FCC is overstating the penetration rate by using a ZIP code
reached as the measurement, even if only one person in the ZIP code
subscribes and irrespective of price, speed, or general availability.
"Despite FCC claims, the digital divide persists and is growing wider,"
they say. "Broadband adoption is largely dependent on socio-economic
status. In addition, broadband penetration in urban and suburban in areas
is double that of rural areas." The report was a response not only to the
FCC's braodband status report but to the commission's removal--with the
help of the Supreme Court in the Brand X decision--of open access
requirements on cable braodband service and, as of last Friday, on telco
broadband service as well.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA634035?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* See press release: http://www.freepress.net/press/release.php?id=86
* See "Broadband Reality Check: The FCC ignores America's Digital Divide":
http://www.freepress.net/docs/broadband_report.pdf

TEXAS OKs STATEWIDE TELCO FRANCHISES
Texas legislators have given telephone companies what they wanted, passing
legislation allowing them to launch video services without securing
town-by-town franchises. The bill had been opposed by cable operators, who
have long been forced to secure a franchise for each city or suburb in
which they operate. The state senate approved the bill late Tuesday and the
House signed off Wednesday. The bill has now been sent to Gov. Rick Perry
for his signature. It's unknown whether Gov. Rick Perry will sign the
measure -- or any other bills that pass the legislature -- into law unless
lawmakers conclude their business on education-funding reform, Multichannel
News reports. The legislation paves the way for SBC and Verizon to apply
for statewide franchises to deliver cable-like video franchises. It also
allows power companies to offer broadband over powerlines.
[SOURCE: Broadcasting&Cable, AUTHOR: John M. Higgins & John Eggerton]
http://www.broadcastingcable.com/article/CA633869?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Texas Legislature OKs Telco Bill
http://www.multichannel.com/article/CA633979.html?display=Breaking+News
(requires subscription)
* Verizon, SBC Bid to Offer TV Gets a Lift From Texas House
http://online.wsj.com/article/0,,SB112370794488510123,00.html?mod=todays...
* Phone Firms In Texas Near A TV Coup
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/10/AR200508...
* Texas Passes Deregulatory Telco Bill
http://www.njtelecomupdate.com/lenya/telco/live/tb-HRJK1123765693585.html

OWNERSHIP

FORMER FCC CHIEF TO JOIN PROVIDENCE EQUITY
Everyone's always asking, "Hey, how is Mike Powell doing these days." Well,
you're kind to ask. He's joining Providence Equity Partners, a private
equity firm that has in recent years built a $9 billion empire of holdings
in media and telecommunications companies. His role will be trying to
generate new ideas for deals and mentoring Providence's roster of
companies. "I didn't want to be a lobbyist," said Mr. Powell. "I didn't
want to be a classic former government official that does nothing but sell
access back to the corridors of DC" Mr. Powell is not worried about now
doing business with some of the same people he once regulated and perhaps
frustrated. "These are folks who play in a business in which things go your
way and don't go your way and I don't think that you personalize or
emotionalize policy," he said, citing what he called "a very strong
relationship" with Mel Karmazin, the former president of Viacom, the owner
of CBS and Infinity Broadcasting, with whom he feuded over everything from
Howard Stern's on-air antics to the Janet Jackson episode.
[SOURCE: New York Times, AUTHOR: Andrew Ross Sorkin]
http://www.nytimes.com/2005/08/11/business/media/11deal.html
(requires registration)

A BUOYED MURDOCH BLOCKS A MAJOR INVESTOR
Rupert Murdoch gave the cold shoulder to his largest shareholder, John C.
Malone, yesterday by extending a poison pill that blocks Mr. Malone's
Liberty Media Corporation from buying more shares of Mr. Murdoch's News
Corporation. The shareholder rights plan, or poison pill, was put in place
for a period of one year last November, but was extended by the News
Corporation's board for two more years. Mr. Murdoch indicated talks with
Mr. Malone about swapping assets for the shares or entering into some kind
of standstill arrangement had stalled. Mr. Malone built an 18 percent
voting stake in the News Corporation last year, to Mr. Murdoch's surprise,
while professing friendly intentions to Mr. Murdoch, a sometime business
partner. In a conference call last week, Mr. Malone said he did not expect
to sell the shares any time soon and hoped the company's strategy would be
focused "a little more on shareholder returns and less on empire building."
Mr. Murdoch controls 29.5 percent of the company's voting stock. The
analyst Richard Greenfield of Fulcrum Global Partners applauded Mr.
Murdoch's tactics. "You've seen today where the leverage rests - with
Murdoch, not with Malone," Mr. Greenfield said. "You own this stock for
Rupert's vision. Any threats to that vision should be protected by the
company." In the conference call, Mr. Murdoch emphasized the company was
serious about competing on the Internet. After spending $580 million to
acquire Intermix Media and its popular social networking site Myspace.com,
Mr. Murdoch said the company could spend double that and possibly up to $2
billion to buy Internet assets to complement what the company would build
internally. The company also last week acquired the sports Web business
Scout Media for $60 million, and Mr. Murdoch said the company is "in very
advanced negotiations to buy a controlling interest in what we think is a
wonderful search engine."
[SOURCE: New York Times, AUTHOR: Richard Siklos]
http://www.nytimes.com/2005/08/11/business/media/11news.html
(requires registration)
* News Corp. Extends Its Poison Pill
http://online.wsj.com/article/0,,SB112368437408109776,00.html?mod=todays...
* News Corp's Murdoch: No Bigger Priority Than Internet
http://www.smartmoney.com/bn/ON/index.cfm?story=ON-20050810-000911-1846

HOLLYWOOD, RADIO FINALLY PART WAVES
For some, Friday will mark a dark day in Hollywood -- and a reminder of how
much the radio business has changed. Microphones at the last radio station
in Hollywood will go dead as announcers and newscasters complete their
final on-air shift at the historic Columbia Square broadcast center. The
relocation of Los Angeles' first radio station, KNX-AM (1070), to new
studios in Wilshire Boulevard's Miracle Mile area will end an 85-year
tradition of radio broadcasting in the place that bills itself as the
world's center of entertainment. Over the years, Hollywood has been home to
68 radio stations and nine television stations. In the last few years, five
television stations have left. And when Columbia Square is shut down next
year, two more -- KCBS-TV Channel 2 and KCAL-TV Channel 9 -- will move to
new headquarters being built in Studio City. That will leave just two
television stations, KTLA-TV Channel 5 and KCET-TV Channel 28, in
Tinseltown. "I never thought I'd see the day when there are no radio
broadcasts out of Hollywood," said KNX assistant news director Ronnie
Bradford, who joined the station in 1968. "This is a company town --
movies, television and radio." Many believe that the loss of radio has to
do with corporate economics. The dozens of radio and TV stations, once
independently owned, are now part of big corporate chains. These companies,
like Infinity and Clear Channel, save money by consolidating engineering
and administrative jobs under one roof. The radio and TV buildings in
Hollywood are old, making it hard to conform with the latest technology.
Infinity owns seven radio stations, including KROQ-FM (106.7) and KRTH-FM
(101), while Clear Channel owns 10, such as KIIS-FM (102.7) and KFI-AM (640).
[SOURCE: Los Angeles Times, AUTHOR: Bob Pool]
http://www.latimes.com/news/printedition/front/la-me-hollywood11aug11,1,...
(requires registration)

SPRINT, NEXTEL EMPLOYEES COMPETE TO KEEP JOBS
A huge benefit of the $35 billion merger between Sprint and Nextel is that
current employees of both companies get to work on their interviewing
skills. They are also sharpening their elbows as they compete for jobs they
already hold. Executives decided the most egalitarian way to staff the new
company would be to put all of the positions up for grabs and let workers
from both firms duke it out. Not surprisingly, that has people from both
Sprint and Nextel completely on edge.
[SOURCE: Washington Post, AUTHOR: Ellen McCarthy]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/10/AR200508...
(requires registration)

SALT LAKE CITY GETTING FIRST DUOPOLY
Clear Channel is buying WB affiliate KUWB Salt Lake City from ACME
Communications for $18.5 million. The deal, subject to FCC approval, would
give Clear Channel, owner of ABC affiliate KTVX, a duopoly in the 36th
largest TV market.
[SOURCE: Broadcasting&Cable, AUTHOR: Allison Romano]
http://www.broadcastingcable.com/article/CA633804?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

TEENS & MEDIA

THE MOVIES ARE RATED R, BUT NOT ON THE BILLBOARDS
In a season when raunchy sex comedies were supposed to defy conventional
Hollywood marketing wisdom by wearing their R-ratings proudly, they instead
appear to be test cases as studios exploit a loophole in the movie
industry's self-regulating ratings system, which is intended to give
parents the information they need to make decisions about what their
children see. (The ratings system has been refined in recent years amid
pressure from Congress and parents' groups, but they were focused on
violence, not sex.) Outdoor advertisements for many movies now include fine
print saying that the movie has yet to be rated. Nell Minow (daughter of
the famous former FCC chairman Newt), who writes parent-oriented film
reviews for Yahoo! as the Movie Mom, said she believed the studios were
"intentionally and maliciously exploiting a loophole" in the ratings
system. "They would get it in on time if they wanted to," she said. "The
sweet spot for an R-rated comedy is the 15-to-17-year-old range," she said.
"Not having a rating means that a 15-year-old is getting more interested in
the movie than if it already said, 'This is not permissible for you.' It's
that most vulnerable audience that's most intrigued. I don't think it's
parents being fooled, I think it's the under-age audience that's being
titillated by the prospect of seeing the movie."
[SOURCE: New York Times, AUTHOR: David Halbfinger]
http://www.nytimes.com/2005/08/11/movies/11raun.html
(requires registration)

TEXT MESSAGES SENT BY CELLPHONE FINALLY CATCH ON IN US
Some 55 million cellphone users in the U.S. use text messaging for
everything from chatting and dating to business and spiritual counseling.
Once mostly a fad among teens in the U.S., text messaging is growing in
popularity among American adults. They are finding it to be less intrusive
than voice calling, especially in public spaces. It also can be more
private than email, since an office colleague or family member can more
readily see a message typed on a computer screen. Some 4.7 billion text
messages were sent in the U.S. last December, the latest figures available,
compared with 2.1 billion a year earlier and 253 million in December 2001,
according to CTIA-The Wireless Association. Revenue from text messaging is
projected to grow to $4.3 billion in 2006 from $2.5 billion in 2004, says
Forrester Research. Still, the U.S. remains a laggard in "texting" compared
with many other regions of the world. CTIA estimates that in 2004, U.S.
cellphone users sent 203 text messages on average, or 37 billion in total,
while in China, cellphone users exchanged 651 per user, or 218 billion in
total, according to the Chinese information industry ministry. About 71% of
European cellphone users send text messages, more than twice the percentage
in the U.S., says Charles Golvin, an analyst at Forrester. A survey earlier
this year by technology consulting firm Yankee Group of 5,200 adults found
that 33% of Americans between 25 and 34 text-message regularly, up from 24%
in 2004. The rate of text messaging by people between 35 and 44 remained
about 25% in both years, while usage by 18- to 24-year-olds grew to 62%
from 52%. As more older consumers join in, text messaging will be a major
driver of overall data revenue for cellphone carriers over the next five
years, says Linda Barrabee, a Yankee Group analyst.
[SOURCE: Wall Street Journal, AUTHOR: Li Yuan li.yuan( at )wsj.com]
http://online.wsj.com/article/0,,SB112372600885810565,00.html?mod=todays...
(requires subscription)

QUICKLY

NAB WANTS SOONER DTV-TUNER MANDATE
The National Association of Broadcasters is urging the Federal
Communications Commission to accelerate mandates for inclusion of
over-the-air digital tuners in new TV sets. Current FCC rules require DTV
in all but the smallest sets by July 2007. In comments filed Wednesday, NAB
asked the FCC to move it back to "late 2006." NAB also asked the FCC to
end the tuner mandate exemption for sets with screens under 13 inches.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA634076.html?display=Breaking+News
(requires subscription)

CRACKING DOWN ON 'MOBILE VIEWING'
DVDs and driving increasingly don't mix. While many states have long banned
drivers from watching television in their cars, a growing number are
expanding such laws to prohibit drivers from viewing DVD players, laptop
screens and other video entertainment. Meanwhile, a number of states that
never had driving-and-viewing laws are working on adding them.
[SOURCE: Wall Street Journal, AUTHOR: Jennifer Saranow
jennifer.saranow( at )wsj.com]
http://online.wsj.com/article/0,,SB112372578791610559,00.html?mod=todays...
(requires subscription)

NCAA WANTS MEDIA TO DROP INDIAN NAMES
National Collegiate Athletic Association spokesman Bob Williams confirmed
Wednesday that the NCAA will encourage broadcast and cable outlets that
carry its college sports championships not to use Indian-related team
names, including Braves, Indians, Savages, which the NCAA has concluded are
"hostile and abusive."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA634090?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

CDT SUPPORTS CHALLENGES TO FBI RECORDS DEMANDS
CDT and other privacy groups joined a brief written by the Electronic
Frontier Foundation, supporting on appeal the decision of a lower federal
court that National Security Letters (NSLs) are unconstitutional. NSLs are
secret demands for Internet and telephone communications logs that are
issued by the FBI without prior judicial approval.
Brief on National Security Letters:
http://www.cdt.org/security/20050805nslbrief.pdf

NSF FUNDS VOIP TAPPING RESEARCH
The National Science Foundation has given Xinyuan Wang, an assistant
professor of software engineering at George Mason University, a $307,436
grant to support a project designed to let police identify whether suspects
under surveillance have been communicating through voice over Internet
Protocol (VoIP)--information that would be unavailable today if people
choose to communicate surreptitiously.
[SOURCE: CNet|News.com, AUTHOR: Declan McCullagh ]
http://news.com.com/Feds+fund+VoIP+tapping+research/2100-7348_3-5825932....

WEB INCREASINGLY CLUTTERED BY SITES FULL OF PAID LINKS
[Commentary] Search-related advertising is fueling a new wave of Web sites
that seem to have as much appeal as a cheesy Hollywood set. That's because
many are created to look good to search engines, much as fake scenery fools
TV cameras. Everywhere I turn online these days I stumble over junky sites
that do little more than clutter up the search results at Google and Yahoo.
The search engine ad industry appears to have touched off a moneymaking
frenzy only slightly less intense than the original dot-com boom. But I
can't help but think that this new wave is generating too many useless link
directories designed to provide no value to site visitors, while making
money the same way Google and Yahoo do, by showing links to sites that pay
each time someone clicks on them. Many redistribute text ads sold by Google
and Yahoo, which makes the Web feel like a hall of mirrors.
[SOURCE: Washington Post, AUTHOR: Leslie Walker walkerl( at )washpost.com]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/10/AR200508...
(requires registration)

FALL MEDIA READING LIST
What's the most useful book on media you've read and why? See answers from
real live media people (if there is such a thing) at the URL below.
[SOURCE: MediaBistro, AUTHOR: David Hirschman ]
http://www.mediabistro.com/articles/cache/a5011.asp
--------------------------------------------------------------
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 Wednesday August 10, 2005

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

BROADBAND
Muni Broadband Finding Its Stride
Does Energy Policy Act Spell Doom of Municipal Networks?
Bring Back Home Rule -- The State of Telecom 100 Years Ago & Today
Here Comes Your 19th Telecom Meltdown
Net Losses
Uncertainty About BPL Classification Seen in Wake of FCC Order
In La., Model Problems For A Broadband Pioneer

MEDIA
Bully Pulpit
More TVs Slammed For 'Impaired' Coverage
NAB Comes Up With New Short List of Presidential Candidates

QUICKLY -- NCAA Recommends Alcohol Ad Limits; ABC Labels WGA Complaint
'Meritless'; Anti-Porn Group Targets Cox; 'Vacationing' Bush Controls News
Agenda; New Sprint Nextel will focus on 3rd screen

BROADBAND

MUNI BROADBAND FINDING ITS STRIDE
the debate about whether municipalities should be funding or creating
high-speed Internet networks has a back-to-the-future quality.
Technological advances, dissatisfaction with the nation's broadband pace
over the past several years, and the dynamics of convergence have led
"digital municipalism" to hit its stride. The issue is squarely part of any
rewrite of the nation's telecommunications laws. Bills now in Congress
could bar states from allowing municipal broadband in areas served by the
private sector, and on the other hand are measures to pre-empt the 14
states that do band or restrict the provision of municipal broadband. It is
something the United States has not seen in seven decades, at least since
the progressive and New Deal era: a debate about whether the state, either
instead of or competing with the private sector, should own "the means of
production" in an information age. Many proponents look back a century for
historical guidance from the country's experience in publicly provided
rural electrification.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-KAZO1123617399581.html

DOES ENERGY POLICY ACT SPELL DOOM OF MUNICIPAL NETWORKS?
With the signing of the Energy Policy Act of 2005, the Public Utilities
Holding Company Act has been repealed. PUHCA was a part of the New Deal
legislation, passed in 1935 in response to corruption and scandals in the
energy companies of the time. PUHCA was meant to protect consumers against
business dealings that could threaten the reliability of the energy
utilities. In brief, PUHCA enabled extensive regulation of the size,
spread, business type and finances of the holding companies that owned and
operated the energy utilities. Much of PUHCA focused on mergers and
acquisitions. Any mergers -- such as the recently-announced Duke-Cynergy
combo -- would be subject to rules on the location of the merging
companies, the diversity of holdings the post-merger entity could have, and
the amount of debt the resulting company could hold; such mergers would
also be subject to close scrutiny by the Securities Exchange Commission.
The goal of PUHCA was to prevent the kinds of cross-dealing and subsidiary
"looting" that became increasingly commonplace among owners of utilities in
the early days of the Great Depression. the repeal of PUHCA means that
public utility companies are now fair game for buyouts and consolidation.
One likely scenario is that we see a process of merger and acquisition in
the energy utility market akin to that in the telecommunications arena.
Moreover, as major global energy companies such as ExxonMobil and
ChevronTexaco have been at the forefront of efforts to get PUHCA repealed,
it's highly likely that they -- along with other energy majors -- will look
to spend some of their recent windfall profits on utility acquisition,
buying not just the power supply businesses, but the customer information.
But it need not be an oil firm buying up utilities; billionaire investors
and non-energy industry companies could just as easily buy up local
utilities. What might Wal*Mart Power & Light look like? or Microsoft
Edison? Or General Electric Gas & Electric (GEG&E)?
[SOURCE: WorldChanging, AUTHOR: Jamais Cascio]
http://www.worldchanging.com/archives/003264.html
* Says Dave Isenberg: "More surely than Brand X, more surely than the
Martin FCC, More surely than The Ensign BICCA Bill and The Pete Sessions
SBC Bill, the repeal of PUHCA will discourage, prevent and destroy
municipal networks."
http://isen.com/blog/2005/08/bush-energy-bill-bye-bye-municipal.html
(Thanks to Jim Baller for these links)

BRING BACK HOME RULE -- THE STATE OF TELECOM 100 YEARS AGO & TODAY
[Commentary] I was recently speaking with the CEO of one of the major US
wireless providers about the place of non-incumbents in creating
telecommunication infrastructure. After a beer or two we ended up
discussing telecommunications history (one of my favorite subjects) and I
promised to send along some background information on one of the most
exciting periods -- back at the turn of the last century -- 1894 (when the
Bell system's patents on the telephone expired) through the early 1900s. I
think this information would prove extremely useful to current policy
debate (especially given the current state and national debates to limit
municipal broadband) -- so I've decided to put it out there publicly to see
how other folks might utilize it. If nothing else, it provides a cautionary
tale for those seeking to limit consumer's choices. Pulitzer Prize winner
Paul Starr wrote a book called, "The Creation of the Media: Political
Origins of Modern Communications." Chapter 6 focuses on "Telephone, Cable,
and Wireless." It's definitely worth the read; however, for those on the
go, here's some choice excerpts concerning the Home Rule Movement. After
1893 there was an explosion of interest in wire-line communications. Starr
writes: From 1894 until 1907 (and continuing in lesser degree for another
decade), the market broke open with a surge of independent commercial and
nonprofit cooperative telephone enterprises. This opening, more than any
other development, propelled the popular takeoff of the telephone in
America, expanding its geographical range and allowing consumers to push
its evolution in directions the Bell System had not planned." More at the
URL below...
[SOURCE: Sascha Meinrath]
http://www.saschameinrath.com/node/175

HERE COMES YOUR 19TH TELECOM MELTDOWN
[Commentary] You don't know it yet, but you want your IPTV -- short for
Internet protocol television. It's the only live hope for getting this
country wired with high-capacity broadband the way our economic competitors
Japan and South Korea are wired. Well, forget about it. Sure, IPTV would
fulfill the promise of access to all the world's video, liberated from the
dictates of program schedulers, manageable from whatever TV, cell phone or
computer might be at hand, even when far from home. And yes, not only is
there a large pool of capital available to bring you this nirvana, but a
motive. America's Baby Bells still produce billions in cash flow from their
obsolescing voice networks and IPTV is the only business proposition on the
horizon that might rescue them from a strategic cul-de-sac. You'd be
forgiven also for thinking the regulatory ducks are finally in a row after
a decade of court fights. Not quite. The Federal Communications Commission
has worked hard to free up networks to deliver bits that arrive as Web
pages, email, movie downloads, etc. Where the FCC has lost its nerve is
failing to extend the same freedom to bits that arrive looking like what
you're used to getting from a TV broadcaster. Result: IPTV is in danger of
being euthanized in its crib by 33,000 franchise boards in every hamlet in
the country, which insist that because it looks like cable TV it must be
treated like cable TV. That means running the same gantlet of local
permissions to deliver TV that cable ran 30 years ago, a process that can
take months or years for each town. "Where's the Bush administration?" many
are asking. The White House talks often enough about the urgency of getting
America wired for broadband, yet has been AWOL in most of the regulatory
fights so far. Sooner or later, Wall Street is bound to begin noticing just
how precarious is the future of the four big bells -- which includes
BellSouth and Qwest -- notwithstanding their combined market cap of $230
billion. Their residential voice business is being eaten alive, with no
salvation in sight -- except for IPTV.
[SOURCE: Wall Street Journal, AUTHOR: Holman Jenkins]
http://online.wsj.com/article/0,,SB112362786170209176,00.html?mod=todays...
(requires subscription)

NET LOSSES
[Commentary] The commission declared that the phone companies' DSL
offerings are an "information service," not a "communications service."
This move put DSL operators on the same regulatory footing as cable TV
companies' high-speed services, which is only fair, given how similar the
two products are. But it also opened the door to potential abuses that
could threaten openness on the Internet. The shift could wipe out the
competition that local phone and cable companies face from independent
Internet providers. The concern is that this could make it easier for cable
and phone companies to cut deals with online content or shopping sites,
then try to steer traffic toward those sites at the expense of others on
the Web. Tech companies also worry that broadband providers will dictate
the equipment people are allowed to connect to the Net, the services they
can use and the applications they can run. Congress and the FCC should act
swiftly to generate more competition for cable and phone operators from
other broadband providers. That type of competition would not only help
keep prices down, but preserve the qualities of the Net that make it so
valuable.
[SOURCE: Los Angeles Times, AUTHOR: Editorial Staff]
http://www.latimes.com/news/printedition/opinion/la-ed-fcc10aug10,1,2313...
(requires registration)

UNCERTAINTY ABOUT BPL CLASSIFICATION IN WAKE OF FCC ORDER
Is broadband service provider over power lines (BPL) considered an
information service like cable modem and DSL now are? BPL providers are
guessing "yes" but, apparently the Order adopted last week applies only to
DSL service. The FCC order should apply to BPL, said Scott Cleland of the
Precursor Group: "There is no reason
why anybody should be talking about regulating BPL. It is clearly an
information service; it's clearly a new entrant." He said he would be
"flabbergasted" if anyone considered treating BPL more negatively than DSL
or cable modems: "It's not going to happen." However, Coleman Bazelon,
Analysis Group vp, said the FCC order didn't directly apply to BPL: "It was
specific to classification of DSL service." But whether it directly
addresses BPL or not, he said, the order "certainly speaks to the FCC's
point of view and would have great implications for BPL."
[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]
(Not available online)

IN LA, MODEL PROBLEMS FOR A BROADBAND PIONEER
An update on Lafayette, Louisiana's municipal network -- and fight with
BellSouth and Cox Cable. In the wake of a successful public vote approving
the project, the state's Public Service Commission is set to rule Sept. 1
on additional funding issues, setting off what is expected to be a
month-long war of words between the city and private industry. A final
ruling from the PSC could set a precedent in the state, as Lafayette is the
only city in Louisiana attempting a fiber-based municipally owned broadband
project. The state has functioning municipal wireless efforts in Baton
Rouge, New Orleans, Vivian and Washington, and another under consideration
in Lake Charles.
[SOURCE: Technology Daily, AUTHOR: Chloe Albanesius]
http://www.njtelecomupdate.com/lenya/telco/live/tb-VDWW1123617858885.html

MEDIA

BULLY PULPIT
The answer is Kenneth Y. Tomlinson. As chairman of the Corporation for
Public Broadcasting (CPB), Tomlinson has spent the last two years living a
conservative fantasy--making life hell for NPR and PBS. While these antics
have spurred outraged op-eds and an inspector general's investigation,
another Tomlinson scandal has gone largely unnoticed. For the last three
years, Tomlinson has moonlighted as chairman of the BBG--which controls
networks that are among the most important vehicles for public diplomacy.
Given the rampant anti-Americanism in the world these days, that makes this
job arguably more consequential than his rule over Oscar the Grouch and
Garrison Keillor. Unfortunately, he hasn't treated the BBG with any greater
gravitas. He has deployed a similar set of tactics: purging the bureaucracy
of political enemies, zealously rooting out perceived "liberal bias," and
generally politicizing institutions that have resisted ideological
intrusions for decades. One of Tomlinson's fellow broadcasting governors
said, "In every story about the CPB, you could substitute BBG."
[SOURCE: The New Republic, AUTHOR: Franklin Foer]
https://ssl.tnr.com/p/docsub.mhtml?i=20050815&s=foer081505
(subscription required)

MORE TVs SLAMMED FOR 'IMPAIRED' COVERAGE
The FCC Tuesday proposed fining two Florida TV stations, WBBH and WZVN of
Fort Myers, Fla., $24,000 apiece for three separate violations of its
requirement that TV stations and cable operators "provide people with
hearing disabilities the same access to emergency information as those with
unimpaired hearing." The violations came during coverage of Hurricane
Charley in August 2004. The stations, which dropped regular programming in
favor of simulcasting 24-hour hurricane coverage failed to provide visual
warnings to accompany the news that a causeway was closed, that an
evacuation of one area had been issued, and that residents in another area
were advised not evacuate but stay where they were. The stations did not
dispute the omissions, but said they didn't feel the information was
critical and that that decision fell within the discretion the FCC gave
stations to decide when such information was important enough to warrant
the on-screen visuals, which can include captions, crawls and graphics. The
FCC concluded instead that the information was obviously critical, that
stations have discretion over only non-critical disaster information, and
that to interpret the "good faith discretion" to include the cited
omissions would be to "swallow the rule and render it wholly ineffective."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA633474?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

NAB COMES UP WITH NEW SHORT LIST OF PRESIDENTIAL CANDIDATES
The National Association of Broadcasters is still looking for a replacement
for Eddie Fritts (send your resume to executive search firm Spencer
Stuart). Apparently, there is a short list of candidates that includes: 1)
Mitch Rose, former chief of staff for Senate Commerce Committee Chairman
Sen. Ted Stevens (R-Alaska).
Rose is a vice president of government relations for Walt Disney. 2) Lisa
Hook, outgoing president of AOL Broadband, Premium
& Developer Services. She was an FCC mass media adviser under then-Chairman
Dennis Patrick. 3) Also a candidate: the man who first won your heart
playing "Gopher" on the TV series "Love Boat," Fred Grandy. He's now a
former IA congressman. He spent 5 years after leaving office heading
Goodwill Industries. During his tenure, annual revenue nearly doubled to
$1.6 billion, according to his biography. 4) David Rehr, President of the
National Beer Wholesalers Association, is also on the list. Rehr, who took
over as President of the beer association in 2000, has a political
background. He was dir.-federal govt. relations for the National Federation
of Independent businesses, worked for former Rep. Vin Weber (R-Minn.) and
was a staff member for the House Small Business Committee. Another
possibility is Marty Franks, exec. vp at CBS. A decision could be made as
early as October; Mr. Fritts steps down in April.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

QUICKLY

NCAA RECOMMENDS ALCOHOL AD LIMITS
The National Collegiate Athletic Association's executive committee has
recommended that its over 1,000 member colleges limit TV and radio ads for
beer, wine and malt beverages (the so-called "alcopops") to 60 seconds per
hour, up to a total of 2 minutes per game, and to ban distilled spirit ads
altogether. The NCAA already imposes those limits on the 88 collegiate
championships it oversees, but Friday the board voted to recommend that all
schools adopt the policy for their college sports contests.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA633354?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

ABC LABELS WGA COMPLAINT 'MERITLESS'
ABC's response to yesterday's story: "ABC filed charges against The Writers
Guild of America, East, six weeks ago alleging their refusal to bargain in
good faith, and this charge is currently under investigation by the
National Labor Relations Board. In regards to the charges filed by the
WGAE today, while we don't normally comment on pending litigation, we
believe there is absolutely no merit to these allegations."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA633244?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

ANTI-PORN GROUP TARGETS COX
The Alliance for a Safer Internet is taking aim at Cox's high-speed-data
service. The group said Tuesday that it is launching a petition drive to
get Cox to halt its distribution of Usenet newsgroups. "Cox is distributing
newsgroups that are generally known to carry child pornography and other
obscene images," Alliance for a Safer Internet president Paul Cardin said
in a prepared statement. "It's been going on for years, and it's time that
Cox put an end to it."
[SOURCE: Multichannel News]
http://www.multichannel.com/article/CA633286.html?display=Breaking+News
(requires subscription)

'VACATIONING' BUSH CONTROLS NEWS AGENDA
President Bush's August holidays also demonstrate how the administration
adroitly times and airs its message. With Congress out of session, many
Washington agencies on a vacation schedule and a traveling contingent of
White House reporters cooling their heels in Crawford (TX), President Bush
can count on dictating news coverage with a series of events that rely
heavily on rhetoric and skimp on audience participation.
[SOURCE: Wall Street Journal, AUTHOR: Christopher Cooper
christopher.cooper( at )wsj.com]
http://online.wsj.com/article/0,,SB112363487299609366,00.html?mod=todays...
(requires subscription)

NEW SPRINT NEXTEL WILL FOCUS ON 3RD SCREEN
Sprint and Nextel have a game plan for the future, and it's not what you
might think. The playbook goes like this: Merge the two companies to create
a wireless giant, then transform the combined company -- yet again -- into
a broadband Bigfoot that can compete head-on with Verizon and SBC
Communications.
[SOURCE: USAToday, AUTHOR:]
http://www.usatoday.com/printedition/money/20050810/sprintnextel10.art.htm
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

Benton's Communications-related Headlines For Tuesday August 9, 2005

AT THE FCC
FCC Launches Payola Investigation
FCC Hires Conservative Indecency Critic
Adelstein Says DSL Order 'Basically Rewriting' Telecom Act
Strike Up the Broadband
Comcast, TW Defend Adelphia Deal

AT CONGRESS
Boucher Pushes Mandated Net Neutrality
DTV Bills in Final Stages, Congressional Sources Say

MEDIA
Media No More
'Large is No Longer in Charge' Says Viacom Chief
News Corp. Switches On Charm Offensive

QUICKLY -- Project to Bridge Digital Divide; WGA Files NLRB Complaint
Against ABC; DirecTV Doesn't Have to Give Data to EchoStar; The Digging
Life; Creation of the Media; Wordwatch: Echo Chamber; What Parents Can Do
Before Kids Play Videogames; In Silicon Valley, Doing Good Is the New Thing

AT THE FCC

FCC LAUNCHES PAYOLA INVESTIGATION
FCC Chairman Kevin Martin has launched an investigation into payola.The
move was prompted by a settlement between Sony/BMG and New York State over
payments to stations for playing Sony/BMG artists, but Chairman Martin said
it could extend beyond those companies. "The FCC has longstanding rules
prohibiting payola," the Chairman said in a statement. "These rules serve
the important purpose of ensuring that the listening public knows when
someone is seeking to influence them. Broadcasters must comply with these
rules. The Commission will not tolerate non-compliance. While payola may
not be a widespread practice in the broadcasting industry, to the extent it
is going on, it must stop." The move was praised by Commissioner Jonathan
Adelstein who has made examining payola and plugola on radio and TV a
priority.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA633231?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Chairman Martin's statement:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260446A1.doc
* Commissioner Adelstein's statement:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260453A1.doc
More coverage --
* FCC Plans Payola Investigation
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/08/AR200508...
* FCC Launches Bribery Probe Over Payouts for Radio Airplay
http://online.wsj.com/article/0,,SB112354064480608033,00.html?mod=todays...
* U.S. to Revisit Payola Inquiry
http://www.latimes.com/business/printedition/la-fi-fcc9aug09,1,548728.st...

FCC HIRES CONSERVATIVE INDECENCY CRITIC
The Federal Communications Commission has hired as an advisor an
anti-pornography activist and former lobbyist for groups that push for
Christian precepts in public policy. The move may herald a reinvigorated
campaign against broadcast indecency and bring renewed pressure on cable to
reconsider its racy offerings. Penny Nance, until recently a board member
of Concerned Women for America, is working as a special advisor in the
FCC's Office of Strategic Planning and Policy Analysis, said aides to FCC
Chairman Kevin Martin. The strategic planning office helps develop agency
policy. Some observers believe the FCC is preparing to act, perhaps in
coming weeks, on as many as 50 indecency complaints. Some see Nance's
arrival as an indication the agency is leaning toward stricter enforcement.
"Why else would [Martin] have someone like that on board?" asked one
Washington attorney who watches the FCC closely.
[SOURCE: MediaWeek, AUTHOR: Todd Shields]
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=10010...
* Bringing "Biblical Principles" to the FCC
[Commentary] Why Ms. Nance at the FCC? Maybe Brent Bozell wasn't available
-- or was unwilling to take the pay cut... But it might as well be Brent,
as the article makes clear. What does this say about the direction new FCC
Chair Kevin J. Martin intends to take the Commission on so-called
"indecency" issues? This is extremely troubling news for anyone concerned
about freedom of speech, and the separation of church and state.
http://www.creativevoices.us/php-bin/news/showArticle.php?id=134&PHPSESS...
* The Wages of Sin
[Commentary] I have a few places where Ms. Nance can start tackling this
"indecency" epidemic in cable. Let's begin with the ninth commandment "Thou
shalt not bear false witness."
http://www.riedelcommunications.blogspot.com/
* FCC Hires Anti-Indecency Activist
http://www.broadcastingcable.com/article/CA633238?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* FCC Hires Anti-Porn Advocate as Advisor
http://www.latimes.com/business/printedition/la-fi-porn9aug09,1,6061866....

ADELSTEIN SAYS DSL ORDER 'BASICALLY REWRITING' TELECOM ACT
Speaking to telecom lawyers out West, FCC Commissioner Jonathan Adelstein
said the Commission had basically rewritten the Communications Act in three
weeks with the DSL order adopted last Friday. He voiced unhappiness at the
Commission's recasting DSL from a telecom service under Title II of the
Communications Act to an information service under Title I, "where it's not
clear we have any authority over anything." Noting that the U.S. Appeals
Court, D.C., has been dubious of the FCC's assertion of Title I authority,
Adelstein said: "If the D.C. Circuit gets pushy" in this case "maybe this
time, we'll have to take it up to the Supreme Court to get some deference."
[SOURCE: Communications Daily, AUTHOR: Louis Trager]
(Not available online)

STRIKE UP THE BROADBAND
[Commentary] In telecommunications, one of the most heavily regulated
sectors of the U.S. economy, classifications matter greatly. So
free-marketers have reason to applaud Friday's decision by the Federal
Communications Commission to reclassify high-speed Internet connections
offered by telephone companies. The ruling means that a digital-subscriber
line (DSL) hook-up offered by the Baby Bells will be treated as an
"information service" instead of a more tightly regulated
"telecommunications service." And that means phone companies will no longer
have to share their networks with rival Internet-service providers at rates
set by the government.
[SOURCE: Wall Street Journal, AUTHOR: Editorial]
http://online.wsj.com/article/0,,SB112354379047108101,00.html?mod=todays...
(requires subscription)

COMCAST, TW DEFEND ADELPHIA DEAL
If you let us get bigger, trust us, we'll act in the public interest,
argued Time Warner and Comcast before the Federal Communications Commission
last week. The two largest cable operators are buying the assets of the
third-largest operator, Adelphia, as well as swapping systems for better
"clustering." Satellite operators, small cable programmers and public
interest groups [including the Benton Foundation] have argued that the
merger would be bad for consumers and competition. The cable giants counter
saying critics' objections were based on selective or inaccurate readings
of the law and market conditions, and the panoply of conditions recommended
should be dismissed.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA633235.html?display=Breaking+News
(requires subscription)

AT CONGRESS

BOUCHER PUSHES MANDATED NET NEUTRALITY
"The FCC's recent adoption of a Policy Statement regarding the principles
of Net Neutrality is an appropriate first step in ensuring that all persons
continue to enjoy the unfettered ability to access and use the Internet in
a lawful manner without being impeded by broadband network operators," Rep
Rick Boucher (D-VA) said. "However, the next step must be taken by the
Congress in codifying the Net Neutrality principles and bestowing on the
FCC the clear authority to enforce the principles." He said the FCC should
be able to "prohibit operators from unreasonably favoring themselves over
their affiliates in the provision of Internet services."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA633229?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Boucher Favors 'Net Neutrality' Law
http://www.multichannel.com/article/CA633081.html?display=Breaking+News
(requires subscription)

DTV BILLS IN FINAL STAGES, CONGRESSIONAL SOURCES SAY
Digital television transition bills are about ready for introduction in
both chambers of Congress. In the Senate, Commerce Committee Chairman Ted
Stevens has surveyed both Republicans and Democrats to see what they want
in the bill. He's on a 4-5 day retreat with staff in his home state,
finalizing telecom legislation. Industry sources said markups are scheduled
tentatively for Sept. 8 on the House side and Sept. 15 on the Senate side.
Both House and Senate sources are confident that whatever mechanism is
employed, digital television legislation is certain to pass this year.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)

MEDIA

MEDIA NO MORE
[Commentary] We are headed into the post-media age. When you think about
it, media are the artificial inventions of their means of distribution:
Books begat authors; fast and cheap presses enabled reporters and press
barons; TV bore anchors. But there is nothing to say that these media are
preordained as the best methods of sharing knowledge and getting things
done in society. They were the convenient ways. Emphasis on the past tense.
The natural means of interaction and of sharing information is, of course,
conversation, through the ability to ask and answer questions, to impart
and collect knowledge. I'm not one to make allusions to primitive life as
if that describes the natural state of man, but I will in this case: When
you listened to the tribe storyteller, you could remix before passing on;
when you heard from the town crier, you could stick your head out the
window and ask for details; when you set the price of a good or service,
you got to haggle with the seller. This is why Socrates said that education
is a conversation, and why Luther said that prayer is a conversation, and
why Cluetrain says that markets are conversations, and why I say that news
is a conversation. That is the natural order of things. Media changed that.
Media made society one-way. But now the Internet drains the one-way pipes
of media and pours us all in the same pond together. The Internet enables
conversation.
[SOURCE: BuzzMachine, AUTHOR: Jeff Jarvis]
http://www.buzzmachine.com/index.php/2005/08/08/media-no-more/

'LARGE IS NO LONGER IN CHARGE' SAYS VIACOM CHIEF
Viacom's chairman-CEO, Sumner Redstone, who is expected to step down next
year when the media giant splits in two, opened an analysts' call yesterday
saying, "Agility and innovation will separate the winners from the losers.
In the 21st century, large is no longer in charge. Leverage will belong to
the nimble and the swift and of course content will always remain king."
[SOURCE: AdAge, AUTHOR: Claire Atkinson]
http://adage.com/news.cms?newsId=45743

NEWS CORP SWITCHES ON CHARM OFFENSIVE
News Corp. is quietly courting Democratic lawmakers on Capitol Hill to
block a new local-TV ratings system that lowers ratings for many of its
stations. The company contends the new ratings system, launched by Nielsen
Media Research in four major television markets last year, greatly
undercounts the number of African-Americans and Hispanics watching shows
such as "Girlfriends" and "The Parkers" on the UPN network. Although Viacom
Inc. owns UPN, News Corp. owns several big-city affiliates of the network.
To slow the rollout of the new ratings system, News Corp. has hired a who's
who of Democratic operatives: Howard Wolfson, a spokesman for Sen. Hillary
Clinton's 2000 Senate campaign; Mike Feldman, a top adviser to Al Gore;
Chris Lehane, a political strategist for former President Bill Clinton; and
Minyon Moore, who helped found the liberal America Coming Together. The
charm offensive by News Corp. shows how even as Republicans control most
levers of the federal government -- with President Bush in the White House
and Republicans holding a majority in both the House and Senate --
companies often must win the support of Democrats to be successful.
[SOURCE: Wall Street Journal, AUTHOR: Brody Mullins brody.mullins( at )wsj.com]
http://online.wsj.com/article/0,,SB112354389401108107,00.html?mod=todays...
(requires subscription)

QUICKLY

PROJECT TO BRIDGE DIGITAL DIVIDE
Access( at )Home, a five-year project spearheaded by former Treasury Secretary
Robert Rubin, plans to invest $1 billion to build rental homes with
high-speed Internet access for roughly 100,000 people with low incomes. The
nationwide project is aimed at helping people with low incomes cross the
digital divide by providing affordable housing with broadband, vouchers to
buy computers, online training and community Web sites. The project will be
funded by grants, low-interest loans and equity investments from the
National Equity Fund, a unit based in Chicago of Local Support Initiatives.
The technology and training will be provided by One Economy Corp., a
nonprofit company based in Washington, D.C., that focuses on extending
access to technology to people with low incomes. Other contributors to the
program include Cisco Systems Inc. and Deutsche Bank AG.
[SOURCE: Wall Street Journal, AUTHOR: Shawn Young shawn.young( at )wsj.com]
http://online.wsj.com/article/0,,SB112352436785507723,00.html?mod=todays...
(requires subscription)

WGA FILES NLRB COMPLAINT AGAINST ABC
The Writers Guild of America, East filed a complaint against ABC with the
National Labor Relations Board Monday. The complaint, alleging unlawful
bargaining practices, stems from contract negotiations that began Jan. 5,
2005 on a contract that expired the first of the year.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA633244?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

DIRECTV DOESN'T HAVE TO GIVE DATA TO ECHOSTAR
U.S. Magistrate Judge Ralph Zarefsky in Los Angeles denied EchoStar's
request that would have compelled DirecTV to provide profit margins from
sales of digital video recorders as well as internal documents regarding
DirecTV obtaining a license from TiVo. EchoStar, the No. 2 U.S. satellite
TV provider, had sought the documents for a lawsuit that TiVo filed in
January 2004 in Texas, accusing EchoStar of infringing a TiVo patent on
technology for recording one program while replaying another.
[SOURCE: Bloomberg News]
http://www.latimes.com/business/printedition/la-fi-direct9aug09,1,248731...
(requires registration)

THE DIGGING LIFE
16 years ago, TV producer Charles Lewis left "60 Minutes" to found the
Center for Public Integrity. In the years since, the Center has become the
largest non-profit investigative journalism organization in the world,
uncovering some of last decade's most important political stories.
[SOURCE: On the Media]
http://www.onthemedia.org/stream/ram.py?file=otm/otm080505c.mp3

CREATION OF MEDIA
It's often been observed that technological innovations are the primary
force driving the evolution of the mass media. But make your way through
the 402 pages Paul Starr's book The Creation of the Media, and that notion
will be left in dust - along with many other common assumptions. In the
book, Starr argues that the government has played a much more fundamental
role in the growth of the American media than is commonly thought.
[SOURCE: On the Media]
http://www.onthemedia.org/stream/ram.py?file=otm/otm080505e.mp3

WORDWATCH: ECHO CHAMBER
A free forum of ideas suggests a back-and-forth exchange between
individuals with various perspectives. But what happens when people are
sequestered to separate discursive spaces on the basis of their ideas? As
we're seeing all over the Internet these days, debate breaks down, and in
its place we find simply a multiplicity of "echo chambers." University of
Chicago professor Cass Sunstein talks about the metaphorical reverberations
of the phrase.
[SOURCE: On the Media]
http://www.onthemedia.org/stream/ram.py?file=otm/otm080505e.mp3

TAKING THE VIOLENCE OUT OF VIDEOGAMES: WHAT PARENTS CAN DO BEFORE KIDS PLAY
Research shows that videogames have become an important component of kids'
play and socialization. One study of Japanese kindergartners found that
children who played videogames together developed better social skills. A
recent survey by Harvard researchers of more than 1,200 7th and 8th graders
found that only about 1% of children studied had never played videogames.
Until more is known, videogame researchers say parents can adopt some
practical approaches to limiting children's exposure to game violence. 1)
Move the games to a high-traffic area so you can see what and when your
kids are playing. 2) Look beyond the rating system. Parents can learn more
about the game-rating system at www.esrb.com, but ratings offer only
general descriptions of the type of content. 3) Look at bestseller lists.
Parents can see what children are playing by looking at such Web sites as
Amazon.com and gamespot.com that post lists of the most popular games. 4)
Treat games like other media. While there isn't any conclusive research
about how much video playing is too much, researchers say parents should
think about a child's entire media diet of television, movies, books and
videogame playing, and set reasonable limits to encourage other types of
play and family interaction. 5) Play the games yourself. Parents who do
take the time to learn about the games children play will be surprised at
how much skill it requires -- and how much children enjoy watching their
parents struggle to play.
[SOURCE: Wall Street Journal, AUTHOR: Tara Parker-Pope
tara.parker-pope( at )wsj.com]
http://online.wsj.com/article/0,,SB112354118842908054,00.html?mod=todays...
(requires subscription)

DOT-COMS ARE SO 90S; IN SILICON VALLEY, DOING GOOD IS THE NEW THING
Ten years after the Aug. 9, 1995, initial public offering of Netscape set
off the Internet boom and five years after the bust, venture capitalists
are leading a push to remake Silicon Valley as a center for a new form of
social entrepreneurship and venture philanthropy, a place where you can
make good money by doing good. While plenty of people here still are out to
make fast bucks, there also has been a surge in investments aimed at
solving some of the world's most formidable problems. Venture capitalists
chastened by the bursting of the bubble say they want to make a mark that
lasts beyond the next quarterly filing with the Securities and Exchange
Commission.
[SOURCE: Washington Post, AUTHOR: Ariana Eunjung Cha]
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/08/AR200508...
(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.
--------------------------------------------------------------