September 2005

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

LEGISLATION
Civil Rights Groups Urge Congress to Close 'Digital Divide'

MEDIA
We Swim in an Ocean of Media
Media Firms Dig Into War Chests For Latest Assault on the Internet
Nets Ask FCC To Delay Kids Rules
PTA, Others Oppose Nets On Kids Stay

TELECOM
Hurricane Response Boosts VoIP Agenda In Congress
VoIP Providers Get Extension
Qwest Declares It Won't Contest Verizon's MCI Bid
Do-Not-Call Lists Under Fire

QUICKLY -- Closed Captioning Proceeding Dates Set; Wikibooks takes on=20
textbook industry; Authors & Google; Changes at Writers Guild of America=20
West; Internet Thought Police; FTC Launches New Online Safety Website;=20
Blogging or Dogging?

LEGISLATION

CIVIL RIGHTS GROUPS URGE CONGRESS TO CLOSE 'DIGITAL DIVIDE'
The Leadership Conference on Civil Rights hosted a discussion and released=
=20
new research on the digital divide Tuesday. UC Santa Cruz Professor Robert=
=20
Fairlie conducted the study that found that Blacks and Latinos are much=20
less likely than white, non-Latinos to have access to home computers (50.6%=
=20
and 48.7% compared to 74.6%) and they're also less likely to have Internet=
=20
access at home (40.5% and 38.1% compared to 67.3%). Spanish-speaking=20
Latinos, especially Mexicans, have strikingly low rates of computer=20
ownership and home Internet use. "There are some fairly significant policy=
=20
implications as a result of this study," said Wade Henderson, Executive=20
Director of the Leadership Conference on Civil Rights. Hurricane Katrina=20
demonstrated the importance of a solid communications infrastructure,=20
Henderson said, and Congress needs to be mindful of those groups that don't=
=20
have access to high-tech services as rebuilding efforts get started. "In=20
the aftermath of this tragedy, it's no longer possible for the haves to=20
ignore the have-nots," he said. The Leadership Conference will advocate for=
=20
those "have-nots" as Congress takes up the DTV and telecom bills. "This=20
debate will be about who gets to speak and for what price." To solve the=20
digital divide, Henderson urged Congress to fully fund the E-Rate program=
=20
and expand it to cover advanced telecom services. He suggested that=20
providers such as cable and VoIP become more equal players in contributing=
=20
to the fund. "Disparate regulation distorts the market and undermines the=
=20
longstanding commitment to universal service." His other recommendations:=
=20
1) Commit Universal Service Funds (USF) to community technology centers=20
that provide job training opportunities; 2) Encourage local governments to=
=20
address community technology needs when negotiating franchises with local=
=20
video service companies; 3) Direct the FCC to develop a national deployment=
=20
play for advance telecom service to Universal Service-eligible customers=20
nationwide; 4) Acknowledge tribal regulatory authority to remove barriers=
=20
to deploying telecom infrastructure and services; and 5) Preserve USF and=
=20
reform the program to address the needs of people with disabilities in an=
=20
IP-enabled environment.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)
See also:
* Minorities Urge Congress To Protect USF
http://www.njtelecomupdate.com/lenya/telco/live/tb-XUWF1127855688674.html

MEDIA

WE SWIM IN AN OCEAN OF MEDIA
The media "ecosystem" surrounding Americans - not just TV, radio, and=20
newspapers but also the Web, PDAs, MP3 players, cellphones, video games,=20
and more - keeps getting more widespread, personal, and diverse. A new=20
study by Ball State University finds that more than two-thirds of people's=
=20
waking moments involved some kind of media usage. What's more, of the time=
=20
spent using media, nearly one-third was spent consuming two or more forms=
=20
at once, such as watching TV and surfing the Internet, or listening to=20
music while playing a video game. Watching television remains by far the=20
most popular media-related activity. More than 90 percent of those studied=
=20
viewed TV, for an average of about four hours per day. About three-quarters=
=20
used a computer, for a little more than two hours per day. While much has=
=20
been written about how computer use may be eating into TV watching, the=20
report suggests that the reverse may be true as well. "As, over time, the=
=20
computer becomes a vehicle for more rich media content (often related to TV=
=20
programming), the line between the two media is likely to blur further,=20
calling into question the TV-centric mindset," it says.
[SOURCE: The Christian Science Monitor , AUTHOR:Gregory M. Lamb]
http://www.csmonitor.com/2005/0928/p13s01-lihc.html

MEDIA FIRMS DIG INTO WAR CHESTS FOR LATEST ASSAULT ON THE INTERNET
Driven by fear of losing advertisers and audience to the Internet, large=20
media conglomerates -- all your favorites like Viacom, News Corp. and Time=
=20
Warner -- are spending billions in a spate of acquisitions and aggressive=
=20
Internet initiatives, and are likely to keep on spending. Some hope to=20
directly challenge the giant portals like Yahoo Inc. and Google Inc. -- Web=
=20
sites that serve as gateways to the Internet. Others are transferring some=
=20
of their most valuable content to online sites, even though that risks=20
alienating their traditional distribution partners. Although it's too soon=
=20
to say whether the media industry's latest approach will bear fruit, the=20
companies are finding some areas more fertile than others. They have been=
=20
investing heavily in youth-oriented Web sites, like gaming, and less in=20
areas like prime-time entertainment programming that is still a cash cow=20
for the television networks. They're also mostly avoiding the pay-per-view=
=20
model, which hasn't yet gained traction online.
[SOURCE: Wall Street Journal, AUTHOR: Julia Angwin julia.angwin( at )wsj.com]
http://online.wsj.com/article/0,,SB112787016757454136,00.html?mod=3Dtoda...
us_page_one
(requires subscription)

NETS ASK FCC TO DELAY KIDS RULES
The parent companies of the Big Three broadcast networks and a bunch of=20
cable nets are opposing the FCC's new children's television rules=20
concerning: 1) The definition of program promotions and website addresses=
=20
shown in kids shows as advertising, and thus counted toward limits on kids=
=20
ads on both broadcast and cable. The WB, though not one of the petitioners,=
=20
said earlier this year that the prospect of having to count program=20
promotion as advertising was one of the reasons it decided to scrap its=20
weekday children's programming block. 2) The ban on host-selling Web links=
=20
-- Web addresses promoted in a show that use characters from that show to=
=20
sell products or services. Stations are already prevented from including=20
host-selling TV ads in kids shows. 3) The requirement that free multicast=
=20
channels meet a kids TV programming benchmark of roughly the same amount of=
=20
educational/informational (E/I) programming, proportionately, as their core=
=20
channel three-hours-a-week requirement. For instance, if a broadcaster=20
aired 12 hours a day of multicast programming, seven days a week, it would=
=20
be expected to air an additional hour and a half of=20
educational/informational kids programming.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA6261193?display=3DBreaking+Ne...
referral=3DSUPP
(free access for Benton's Headlines subscribers)

PTA, OTHERS OPPOSE NETS ON KIDS STAY
The Children's Media Policy Coalition -- which includes the American=20
Academy of Pediatrics, American Psychological Association, PTA, Children=20
Now, the Benton Foundation and others -- are calling on the FCC to deny the=
=20
parents of the Big Three networks' motion to delay implementation of the=20
FCC's Kids Digital TV Rules, some of which also apply to analog. The rules,=
=20
which include counting show promos as ads and preventing shows from=20
including Web links to products pitched by their characters--were released=
=20
in fall 2004 and are to take effect Jan. 1, 2006. The networks filed a=20
motion Monday with the FCC to delay implementation until after the FCC had=
=20
considered their outstanding petitions so review the rules. Why not let the=
=20
FCC rule on those petitions before making the companies abide by them. "I=
=20
think the industry is not asking for a motion to delay, I think they are=20
trying to overturn these rules," says Patti Miller of Children Now. "We=20
have heard that the industry is going after the entire Children's=20
Television Act (in court). That is very troubling and I hope that is not=20
the case."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA6261206?display=3DBreaking+Ne...
referral=3DSUPP
(free access for Benton's Headlines subscribers)
* For more info on the Children's Media Policy Coalition see
http://www.childrennow.org/issues/media/media_dtv.html

TELECOM

HURRICANE RESPONSE BOOSTS VOIP AGENDA IN CONGRESS
Providers of Internet telephone service are enjoying a boost on Capitol=20
Hill as Senate Commerce Committee members have gravitated toward their=20
story of success in responding to Hurricane Katrina, in contrast to the=20
failure of other telecommunications services. Companies such as Vonage are=
=20
promoting a bill (S. 1063), that would grant them relief from an FCC order=
=20
mandating that they provide "enhanced 911" calling capabilities by Nov. 28.=
=20
Sen. Bill Nelson (D-FL) sponsored the measure, which -- among other things=
=20
-- would grant emergency responders immunity from lawsuits arising from=20
taking 911 calls from Voice over Internet Protocol providers. That is an=20
immunity they have when they take calls from traditional telephone and=20
wireless companies. Besides offering some relief for VoIP providers, S.=20
1063 would modernize the public safety 911 system. That has led Senate=20
Commerce Chairman Ted Stevens (R-Alaska) and Commerce ranking member Daniel=
=20
Inouye (D-Hawaii) to take an interest in the bill, which is also supported=
=20
by Sens. Conrad Burns (R-Mont), and Hillary Rodham Clinton (D-NY). Sens=20
Stevens and Inouye have agreed to support the bill and promised a markup by=
=20
Oct. 21, according to an aide to Rep. Bart Gordon (D-TN) who introduced the=
=20
identical House bill, H.R. 2418. Gordon aide Dana Lichtenberg said the E911=
=20
bill would be part of a package of post-Katrina communications legislation,=
=20
including a bill designed to let public safety offices communicate with=20
each other and legislation to modernize the National Emergency Alert=20
service. The E911 bill's other elements pertaining to VoIP would grant the=
=20
FCC clear jurisdiction to impose such rules, something that has been=20
challenged by four VoIP providers. It also would clearly require the=20
regional Bell firms and other phone companies to provide access to phone=20
lines and network databases that Vonage and other VoIP companies need to=20
deliver 911 calls.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-UWGI1127854913618.html

VOIP PROVIDERS GET EXTENSION
The FCC Enforcement Bureau =93will not pursue enforcement actions=94 agains=
t=20
interconnected VoIP service providers that obtained affirmative=20
acknowledgments about 911 service limitations from at least 90% of their=20
subscribers, it said. But the Bureau said it expects those providers would=
=20
continue seeking the remaining acknowledgments and would notify the FCC=20
once they've reached 100% compliance. At least 21 providers got=20
acknowledgments from 100% of their subscribers and at least 32 others from=
=20
90% or more, the FCC said. As for providers that didn't receive=20
acknowledgments from at least 90% of their subscriber, the Bureau said it=
=20
would forbear from enforcing its requirement until Oct. 31, as long as=20
those providers report to the FCC on the compliance status by Oct. 25.
[SOURCE: Communications Daily]
(Not available online)
See http://www.broadcastingcable.com/article/CA6261148?display=3DBreaking+N=
ews or
http://www.njtelecomupdate.com/lenya/telco/live/tb-HDYP1127854620527.html
* FCC release:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2530A1.doc

QWEST DECLARES IT WON'T CONTEST VERIZON'S MCI BID
"Hey, guys, we were just kidding... oppose this deal? Hey, we've already=20
done are part by raising the price of MCI's already overvalued assets."=20
Actually, Qwest announced that it won't revive its bidding for=20
long-distance company MCI, which has agreed to be acquired by Verizon=20
Communications. The announcement removes a potential complication to the=20
$8.44 billion deal. MCI shareholders are scheduled to vote on the Verizon=
=20
deal Oct. 6.
[SOURCE: Wall Street Journal, AUTHOR: Shawn Young shawn.young( at )wsj.com]
http://online.wsj.com/article/0,,SB112784972473753550,00.html?mod=3Dtoda...
us_marketplace
(requires subscription)

DO-NOT-CALL LISTS UNDER FIRE
Fifty-one percent of respondents in a -- no irony lost here -- phone survey=
=20
say they still receive telemarketing calls they believe should have been=20
blocked when they signed up for the national Do-Not-Call list. The Federal=
=20
Trade Commission official in charge of the registry says the agency=20
receives a "steady flow" of between 1,000 and 2,000 complaints about=20
telemarketers every day. Yet to date, there have been remarkably few fines=
=20
issued by federal regulators. Despite one million reports of violations,=20
the FTC has filed only 14 lawsuits and levied only four fines. The Federal=
=20
Communications Commission, which jointly administers the program with the=
=20
FTC, has issued warnings but only two fines, one to AT&T Corp., the company=
=20
with the contract for administering the program. Twenty-five states=20
maintain their own do-not-call lists, and many of them impose tougher=20
restrictions on the kinds of calls that telemarketers can make. As a=20
result, a number of states view the national registry as a weaker tool that=
=20
undercuts their more stringent protections, and some have been more eager=
=20
to impose penalties for violations. But telemarketers are taking aim at=20
states that have maintained or created tougher restrictions, petitioning=20
the federal government to override them.
[SOURCE: Wall Street Journal, AUTHOR: Christopher Conkey=20
christopher.conkey( at )wsj.com]
http://online.wsj.com/article/0,,SB112785978695153775,00.html?mod=3Dtoda...
us_personal_journal
(requires subscription)
See also:
* Who Signed Up for the Do-Not-Call List?
http://web.si.umich.edu/tprc/archive-search-abstract.cfm?PaperID=3D494

QUICKLY

CLOSED CAPTIONING PROCEEDING DATES SET
The FCC set Nov. 10 as the comment deadline and Nov. 25 for replies on a=20
rulemaking on aspects of closed captioning rules. The FCC sent out the=20
proposal July 21.
[SOURCE: Communications Daily]
(Not available online)
See http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-261278A1.doc

WIKIBOOKS TAKES ON TEXTBOOK INDUSTRY
The Wikimedia Foundation is attempting to create a comprehensive,=20
kindergarten-to-college curriculum of textbooks that are free and freely=20
distributable, based on an open-source development model. Created in the=20
same mold as the Wikipedia project--the open-source encyclopedia that lets=
=20
anyone create or edit an article and that now has nearly 747,000 entries in=
=20
English alone--Wikibooks is still in its earliest stages. Yet because of=20
Wikibooks' digital model, in which material written for the project can be=
=20
as short or as long as needed, and be easily manipulated, read and edited,=
=20
some believe it can pose a major challenge to the publishing industry's=20
hold on the world of textbooks. The hope is that by turning the Wikibooks=
=20
keys over to a worldwide community of writers and editors, the project will=
=20
eventually contain tens of thousands of books and smaller entries on a wide=
=20
range of topics. In each case, the idea is that any Wikibooks reader could=
=20
create his or her own book or make edits to an existing title.
[SOURCE: C-Net|News.com, AUTHOR: Daniel Terdiman]
http://news.com.com/Wikibooks+takes+on+textbook+industry/2100-1025_3-588...
1.html?tag=3Dnefd.lede

SEARCH AND RESCUE
[Commentary] Authors struggle, mostly in vain, against their fated=20
obscurity. According to Nielsen Bookscan, which tracks sales from major=20
booksellers, only 2 percent of the 1.2 million unique titles sold in 2004=
=20
had sales of more than 5,000 copies. Against this backdrop, the recent=20
Authors Guild suit against the Google Library Project is poignantly=20
wrongheaded. I'm sorry to see authors buy into the old-school protectionism=
=20
of the Authors Guild, not realizing they're acting against their own=20
self-interest. Their resistance can come only from a failure to understand=
=20
the nature of the program. Google Library is intended to help readers=20
discover copyrighted works, not to give copies away. It's a tremendous=20
service to authors that will help them beat the dismal odds of publishing=
=20
as usual.
[SOURCE: New York Times, AUTHOR: Tim O'Reilly, publisher]
http://www.nytimes.com/2005/09/28/opinion/28oreilly.html
(requires registration)

HOLLYWOOD WRITERS UNION FIRES ITS EXECUTIVE DIRECTOR
A week after new leaders swept into office at the Writers Guild of America=
=20
West, promising a more aggressive posture in organizing and negotiating=20
with Hollywood employers, the guild has fired its executive director,=20
saying he had resisted its change of direction. The guild's new president,=
=20
Patric M. Verrone, who was elected Sept. 19 with 69 percent of the 2,012=20
votes cast, said John McLean was resistant to his plans for organizing=20
across the entertainment industry, particularly among writers for=20
animation, reality television, cable comedy and nonfiction, video games and=
=20
independent film.
[SOURCE: New York Times, AUTHOR: David Halbfinger]
http://www.nytimes.com/2005/09/28/business/media/28guild.html?pagewanted...
all
(requires registration)
* Reality Writers Make Real Noise
http://www.broadcastingcable.com/article/CA6261205?display=3DBreaking+Ne...
referral=3DSUPP
(free access for Benton's Headlines subscribers)

INTERNET THOUGHT POLICE
[Commentary] Transport George Orwell's novel 1984 -- in which a=20
totalitarian Big Brother government tries to rule citizens' lives and=20
control their thoughts -- into the 21st century, and it would look a lot=20
like China today. Consider what happened this week. Continuing a long=20
battle to curb what it considers a subversive information source =97 the=20
Internet =97 China tightened its censorship of online news services and=20
bulletin boards. At this point, it's anyone's guess how many Chinese will=
=20
succeed in getting a free flow of information, and how many will be scared=
=20
off by government intimidation or manipulated by censorship and propaganda.=
=20
What's more clear is that democratic nations and their companies should not=
=20
help China's Thought Police turn the Internet into a platform for Orwellian=
=20
Newspeak and Doublethink. However appealing collaboration might seem, they=
=20
would eventually find that the world of 1984 was not a pleasant place.
[SOURCE: USAToday, AUTHOR: Editorial Staff]
http://www.usatoday.com/printedition/news/20050928/edtwo28.art.htm

FTC LAUNCHES NEW ONLINE SAFETY WEBSITE
The Internet Education Foundation (IEF) has teamed with the Federal Trade=
=20
Commission to provide safety information for the Commission's new public=20
service Web site OnGuardOnline.gov. Founded by CDT President Jerry Berman,=
=20
IEF created and operates the groundbreaking Internet safety site=20
GetNetWise.org. OnGuardOnline.org will draw on IEF's extensive database of=
=20
tools, tips and guidelines recommended to help consumers fight spyware,=20
guard their personal information, enhance their computer security, prevent=
=20
unwanted e-mail, and protect their children online.
[SOURCE: Center for Democracy and Technology]
http://www.getnetwise.org

Did you say dogging or blogging?
What is that you're saying?
[SOURCE: Reuters, AUTHOR: Jeffrey Goldfarb]
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2005-09-27T153417Z_01_HAR756025_RTRUKOC_0_US-MEDIA-BLOGGING.xml
--------------------------------------------------------------
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.
--------------------------------------------------------------