November 2005

Mouse Grouse: Kids Rules Hurt

[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]

FCC Modifies Digital Tunes Requirements to Advance DTV Transition

The FCC amended its rules to move the date on which all TV receivers must include the capability to receive digital television signals forward four months to March 1, 2007 and to apply the tuner requirement to all television receivers, regardless of their size. This action is intended to further the Commission's efforts to ensure that consumers are able to receive off-the-air digital broadcast television services as soon as possible. The digital television reception requirement, which is also often termed the DTV tuner requirement, is being implemented on a schedule that applies it first to large screen receivers and then to progressively smaller screen sets and other devices that receive TV signals, such as VCRs and digital video recorders. This phase-in plan is intended to allow manufacturers to realize increasing economies of scale with production volume, so that digital tuner costs will be lower when the tuners are required in smaller sets. On July 1, 2004, the tuner requirement was applied to 50% of large sets (screen sizes 36" and larger), and last July (July 1, 2005), the tuner requirement was applied to all large sets and to 50% of mid-size sets (25"- 36"). Beginning March 1, 2006, DTV tuners will be required in all mid-size sets as well. With the change adopted in this Second Report and Order, the final step in the phase-in plan will now require that all new TV sets in all size ranges and other TV receivers include a DTV tuner beginning March 1, 2007. (Previously, the deadline for small sets (13"- 24") and for other TV receivers was July 1, 2007). The Commission also extended the DTV tuner requirement to new TV receivers screen sizes less than 13" on the same schedule as other TV receivers. (Previously, the tuner requirement did not apply to very small sets (smaller than 13"). In this regard, the Commission noted the particular value of these portable, typically battery-powered products for enabling the reception of news and public safety information in times of emergency.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262013A1.doc
* FCC: All Sets Must Have DTV Tuners
http://www.broadcastingcable.com/article/CA6280974?display=Breaking+News...
(free access for Benton's Headlines subscribers)
* US FCC moves up date for small TVs to get digital
http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&story...

SBC Head Ignites Access Debate

[SOURCE: Washington Post, AUTHOR: Arshad Mohammed]

Ohio Regulators Must Ensure Equal Internet Access

[SOURCE: Cleveland Plain Dealer, AUTHOR: Kevin Cronin and Angela Stuber]

Political blogs new focus of campaign-finance laws

[SOURCE: San Jose Mercury News, AUTHOR: Jim Puzzanghera]

Benton's Communications-related Headlines For Friday November 4, 2005

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

NEWS FROM CONGRESS
Senate Passes Plan to Cut $35B From Deficit
Senate Passes DTV Bill
Stevens Defends Subsidy, Hard Date
Senate Indecency Bill To Cover Cable TV Sector
Political blogs new focus of campaign-finance laws
Congress divided on broadcast flag plan

FCC OPEN MEETING
FCC Modifies Digital Tunes Requirements to Advance DTV Transition
FCC Initiates Rulemaking to Ensure Reasonable Franchising Process for
New Video Market Entrants
FCC Puts Local Govt. Under Microscope
FCC Amends Emergency Alert System Rules to Include Digital Media
Technologies and Seeks Further Comment
FCC Takes Further Steps To Implement SHVERA
Mouse Grouse: Kids Rules Hurt

PUBLIC MEDIA
Kenneth Tomlinson Quits Public Broadcasting Board
Former CPB Chair Tomlinson Resigns
US-backed Arab TV network to be investigated

INTERNET/BROADBAND
SBC Head Ignites Access Debate
Ohio Regulators Must ensure equal Internet access
Tech firms back Bush Net effort
Google This: Amazon Plans To Sell Portions of Books Online

QUICKLY -- Bishops Call for Public Interest Obligations; Time Warner sees
Net consolidating; Political Ads Pour In; Pressure grows for Knight Ridder
to sell; Students, teachers invited to 'speak up'; CDT, CIPPIC File
Complaints Against Alleged Spyware Distributors

NEWS FROM CONGRESS

SENATE PASSES PLAN TO CUT $35 BILLION FROM DEFICIT
[SOURCE: Washington Post, AUTHOR: Jonathan Weisman]
The Senate approved budget legislation last night on a vote of 52 to 47.
The Senate bill would raise billions of dollars by auctioning off parts of
the broadcasting spectrum for digital television. The focus now shifts to
the House, where the Budget Committee voted 21 to 16 yesterday to approve a
more extensive bill.
http://www.washingtonpost.com/wp-dyn/content/article/2005/11/03/AR200511...
(requires registration)
* High-tech industry in high spirits
The measure sets a deadline for the transition to digital television, which
will free up prime spectrum and likely spur technology sales.
http://thehill.com/thehill/export/TheHill/News/Frontpage/110305/tech.html

SENATE PASSES DTV BILL
[SOURCE: Broadcasting&Cable, AUTHOR: ]
The Senate late Thursday approved the DTV transition bill -- officially
Digital Transition and Public Safety Act of 2005 -- by a close vote of 52
to 47. The bill was amended to earmark additional revenues from spectrum
auctions. From the projected $10 billion in auction revenues, the bill sets
aside $5 billion for the treasury, $3 billion for the subsidy; $200 million
low power TV stations and translators; $1 billion for state and local
interoperability; $250 for a national alert and tsunami warning system;
$250 million for E-911 communications; $200 million for coastal States
affected by hurricanes and other disasters; $75 million available for the
Essential Air Service program (an unrelated appropriation which is
apparently important to Alaska and Hawaii, the home states of the
co-chairmen of the Senate Commerce Committee, which drafted the bill. In
addition, the amendment that was adopted earmarks the first $1
billion--over the Congressional Budget Office's $10 billion estimate--for
deficit reduction, the next $500 million for interoperability for first
responders, the next $1.2 billion for coastal restoration for
hurricane-affected states, and the rest to deficit reduction again.
http://www.broadcastingcable.com/article/CA6281029?display=Breaking+News...
(free access for Benton's Headlines subscribers)
* Senate Rejects Major Changes To DTV Bill
http://www.njtelecomupdate.com/lenya/telco/live/tb-GGHC1131063778203.html

STEVENS DEFENDS SUBSIDY, HARD DATE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Senate Commerce Committee Chairman Ted Stevens (R-Alaska) rose on the
Senate floor to argue against two digital television-relayed amendments to
the Senate budget bill passed yesterday. The amendments would have speed
the transition to digital-only TV broadcasting in the US and would have cut
subsidies for digital-to-analog converter boxes that will be needed to make
many current TVs work after the transition. The amendments were not passed.
http://www.broadcastingcable.com/article/CA6280727?display=Breaking+News...
(free access for Benton's Headlines subscribers)
* Senate Defeats Hard Date Move
http://www.broadcastingcable.com/article/CA6280995?display=Breaking+News...
(free access for Benton's Headlines subscribers)
* Senate Defeats McCain's 2008 DTV Plan
National Journal reports that National Association of Broadcasters
President Edward Fritts lauded the defeat of McCain's proposal, calling it
a "victory for millions of Americans who could have been left stranded by a
premature end to analog television service."
http://www.multichannel.com/article/CA6280978.html?display=Breaking+News
(requires subscription)
* Ensign Pulls Set-Top Amendment
http://www.multichannel.com/article/CA6281003.html?display=Breaking+News
(requires subscription)

SENATE INDECENCY BILL TO COVER CABLE TV SECTOR
[SOURCE: Technology Daily, AUTHOR: David Hatch]
Senate Commerce Chairman Ted Stevens (R-Alaska) is preparing a crackdown on
"indecent" images shown via cable networks. Sen Stevens' move could trigger
a pitched battle with cable television channels over content regulation --
but, for now, the senator is seeking to work with cable executives toward a
compromise, sources. A draft obscenity bill floated by Stevens focuses on
broadcast television and radio. It would raise fines for violations of the
FCC's indecency rules from $32,500 to $500,000 per incident. But it has
been learned that an upcoming iteration of the draft also would tackle
cable programming. Regulation of cable content raises First Amendment
issues because cable is a subscription service that does not utilize the
public airwaves. But some observers maintain that viewers do not
distinguish between broadcast and cable fare, and so both should face
tougher obscenity regulations. Sources said Sen Stevens is seeking creative
approaches to curbing racy and profane content on cable without
overstepping constitutional boundaries. The senator appears to have backed
off the idea of applying the broadcast indecency restrictions to cable
because of First Amendment concerns.
http://www.njtelecomupdate.com/lenya/telco/live/tb-MQES1131055527407.html
* For more on indecency regulation, visit
http://creativevoices.typepad.com/blog/

POLITICAL BLOGS NEW FOCUS OF CAMPAIGN-FINANCE LAWS
[SOURCE: San Jose Mercury News, AUTHOR: Jim Puzzanghera]
Bloggers are pushing Congress to pass legislation to add a nine-word
sentence exempting the Internet from the definition of ``public
communications'' in federal campaign-finance regulations. Their first
attempt failed in the House of Representatives on Wednesday night, but the
battle is far from over. Supporters say the change is needed to protect
bloggers from fears of getting fined for activities as simple as linking to
a campaign Web site or forwarding a candidate's news release to an e-mail
list. But opponents -- including the four major sponsors of the 2002
Bipartisan Campaign Reform Act and the head of the Federal Election
Commission -- said the exemption is so broad it would open a huge loophole.
Unregulated ``soft money'' from corporations and unions could flow without
limits to buy political ads on Web sites and e-mail campaigns.
http://www.mercurynews.com/mld/mercurynews/business/technology/13072099.htm

CONGRESS DIVIDED ON BROADCAST FLAG PLAN
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
A plan in Congress to revive the "broadcast flag," a controversial form of
copy-prevention technology for digital TV broadcasts, drew a mixed response
from politicians on Thursday. At a hearing convened by a U.S. House of
Representatives panel, some committee members appeared to endorse the
broadcast flag proposal, while others said it was premature. "There are far
better alternatives to the heavy-handed technology mandates proposed
today," said Gigi Sohn, president of Public Knowledge, the digital rights
group that brought the case against the FCC's broadcast flag rules. "They
include a multipronged approach of consumer education, enforcement of
copyright laws and use of technological tools developed in the marketplace."
http://news.com.com/Congress+divided+on+broadcast+flag+plan/2100-1028_3-...

FCC OPEN MEETING

FCC MODIFIES DIGITAL TUNER REQUIREMENTS TO ADVANCE DTV TRANSITION
[SOURCE: Federal Communications Commission]
The FCC amended its rules to move the date on which all TV receivers must
include the capability to receive digital television signals forward four
months to March 1, 2007 and to apply the tuner requirement to all
television receivers, regardless of their size. This action is intended to
further the Commission's efforts to ensure that consumers are able to
receive off-the-air digital broadcast television services as soon as
possible. The digital television reception requirement, which is also
often termed the DTV tuner requirement, is being implemented on a schedule
that applies it first to large screen receivers and then to progressively
smaller screen sets and other devices that receive TV signals, such as VCRs
and digital video recorders. This phase-in plan is intended to allow
manufacturers to realize increasing economies of scale with production
volume, so that digital tuner costs will be lower when the tuners are
required in smaller sets. On July 1, 2004, the tuner requirement was
applied to 50% of large sets (screen sizes 36" and larger), and last July
(July 1, 2005), the tuner requirement was applied to all large sets and to
50% of mid-size sets (25"- 36"). Beginning March 1, 2006, DTV tuners will
be required in all mid-size sets as well. With the change adopted in this
Second Report and Order, the final step in the phase-in plan will now
require that all new TV sets in all size ranges and other TV receivers
include a DTV tuner beginning March 1, 2007. (Previously, the deadline for
small sets (13"- 24") and for other TV receivers was July 1, 2007). The
Commission also extended the DTV tuner requirement to new TV receivers
screen sizes less than 13" on the same schedule as other TV
receivers. (Previously, the tuner requirement did not apply to very small
sets (smaller than 13"). In this regard, the Commission noted the
particular value of these portable, typically battery-powered products for
enabling the reception of news and public safety information in times of
emergency.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262013A1.doc
* FCC: All Sets Must Have DTV Tuners
http://www.broadcastingcable.com/article/CA6280974?display=Breaking+News...
(free access for Benton's Headlines subscribers)
* US FCC moves up date for small TVs to get digital
http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&story...

FCC INITIATES RULEMAKING TO ENSURE REASONABLE FRANCHISING PROCESS FOR NEW
VIDEO MARKET ENTRANTS
[SOURCE: Federal Communications Commission]
The Federal Communications Commission (FCC) adopted a Notice of Proposed
Rulemaking that seeks comment on issues relating to the implementation of
Section 621(a)(1) of the Communications Act of 1934. The Notice seeks input
on what can be done to ensure that local franchising authorities do not
unreasonably refuse to award cable franchises to competitive entrants. This
Notice initiates a proceeding to further the interrelated goals of enhanced
cable competition and accelerated broadband deployment. The FCC tentatively
concludes that the mandate of Section 621(a)(1) should be interpreted to
prohibit not just the ultimate refusal to award a franchise, but also a
broader range of behaviors, and the Notice seeks comment on that conclusion.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262015A1.doc

FCC PUTS LOCAL GOVERNMENT UNDER MICROSCOPE
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
Acting in response to complaints from SBC and Verizon, the FCC began a
rulemaking that could furnish a solution if local governments make it too
difficult for phone companies to compete against cable incumbents. The
commission promised a balanced look at the issue, although it said it
expects to draft a list of banned practices by local governments, whether
applied to incumbents or new entrants. The National League of Cities issued
a statement urging caution on the FCC's part, claiming that the agency's
jurisdiction to pre-empt local governments was far from explicit in federal
law. "Because Congress has granted the FCC only minimal authority to
influence local franchises, we view with concern any future FCC action to
limit local involvement beyond its statutory authority," said Arvada (CO)
Mayor Ken Fellman, chairman of the NLC's Information Technology and
Communications Committee.
http://www.multichannel.com/article/CA6280998.html?display=Breaking+News
(requires subscription)
* Feds to Scrutinize Locals' Video Franchising
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=10014...
* FCC steps in to ease phone firms' video plans
http://www.usatoday.com/printedition/money/20051104/fccfranchise.art.htm
* FCC To Probe Localities On Possible Video Franchise Abuses Video
Franchise Abuses
http://www.njtelecomupdate.com/lenya/telco/live/tb-SBVD1131055709297.html

FCC AMENDS EMERGENCY ALERT SYSTEM RULES TO INCLUDE DIGITAL MEDIA
TECHNOLOGIES AND SEEKS FURTHER COMMENT
[SOURCE: Federal Communications Commission]
The FCC issued a First Report and Order to help ensure that consumers using
digital broadcast and subscription television and radio services have
access to emergency alert and warning information. Noting the
ever-increasing use of digital technologies by Americans, the First Report
and Order expands the Commission's current EAS rules to include providers
of digital broadcast and cable TV, digital audio broadcasting, satellite
radio, and direct broadcast satellite services. With the exception of
Direct Broadcast Satellite (DBS) service, all affected entities must comply
with these new requirements by December 31, 2006. DBS services must comply
no later than May 31, 2007. The Commission also adopted a Further Notice of
Proposed Rulemaking that seeks comment on how the Commission can best help
develop a next-generation alert and warning system that takes full
advantage of digital media's potential. The Commission seeks comment on
the type of system architecture and common protocols that would be required
in such a system. The Commission also asks questions regarding specific
technologies, particularly, how the Commission could facilitate the
effective integration of wireless technologies into a next generation alert
and warning system, and whether traditional telephone companies that plan
to provide high definition digital content to customers' homes through
fiber optic connections should have public alert and warning
responsibilities. In addition, the Further Notice seeks comment on issues
relating to the participation of state and local authorities in the EAS
system. The Further Notice of Proposed Rulemaking also asks how a next
generation EAS can more effectively reach individuals with hearing and
vision disabilities. Finally, the Commission seeks comment on how the EAS
rules should be revised to more effectively reach non-English speaking
individuals.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262016A1.doc
* FCC says emergency alerts should move online
The national alert network, now called the Emergency Alert System, has
encountered criticism as yet another expensive government boondoggle that's
less necessary in the age of readily available news. The system was never
activated on Sept. 11, 2001, even in the New York and Washington
metropolitan areas, for instance. And local and state governments failed to
activate for Hurricane Katrina.
http://news.com.com/FCC+says+emergency+alerts+should+move+online/2100-10...

FCC TAKES FURTHER STEPS TO IMPLEMENT SHVERA
[SOURCE: Federal Communications Commission]
The Federal Communications Commission today adopted a Report and Order that
continues the implementation of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 (SHVERA). The Order enables satellite carriers
to offer FCC-determined "significantly viewed" signals of out-of-market
broadcast stations to subscribers subject to certain constraints set forth
in SHVERA. The Order includes an updated list of stations currently deemed
significantly viewed.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262022A1.doc

MOUSE GROUSE: KIDS RULES HURT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
In the latest round in the fight over changes to the FCC children's TV
rules, Disney told the D.C. appeals court that there are two "compelling
reasons why it should grant Disney's petition to either force the FCC to
rule on challenges to the changes, or enjoin enforcement of the rules,
which are to take effect Jan. 1. First, said Disney, if the rules take
effect, the company will suffer "irreparable injury." Second, the FCC is to
blame for Disney's predicament because it failed to give the company notice
that it was going to issue rules "of this nature," then failed to decide
the petitions when Disney asked it to reconsider them. The FCC came out
with the rules last fall, which were billed as new rules of the road of
digital broadcasting, but also included changes that apply to analog
broadcasting and to cable. The rule changes included classifying show
promotions and Web addresses for non-educational programs or content as ad
material, subject to existing limits on ads in kids shows.
http://www.broadcastingcable.com/article/CA6280716?display=Breaking+News...
(free access for Benton's Headlines subscribers)

PUBLIC MEDIA

KENNETH TOMLINSON QUITS PUBLIC BROADCASTING BOARD
[SOURCE: Washington Post, AUTHOR: Paul Farhi]
Kenneth Y. Tomlinson, who sparked controversy by asserting that programs
carried by public broadcasters have a liberal bias, resigned yesterday from
the board of the Corporation for Public Broadcasting a day after the
agency's inspector general delivered a report apparently critical of his
leadership. Tomlinson, a staunch conservative who was CPB's chairman until
September, brought unprecedented attention to his agency by publicly
criticizing the alleged political favoritism of news programs, primarily
those carried by the Public Broadcasting Service. CPB wields great
influence over public radio and TV stations through its distribution of
about $400 million in federal funding each year. The CPB's inspector
general has been investigating Tomlinson's practice of using agency money
to hire consultants and lobbyists without notifying the agency's board.
Tomlinson last year hired a little-known Indiana consultant to study the
political leanings of guests on such programs as "Now With Bill Moyers" and
"The Diane Rehm Show" on National Public Radio. He also hired lobbyists to
defeat legislation that would have changed how CPB's board is structured.
The inspector, Kenneth Konz, also had been looking into whether Tomlinson
violated agency procedures in his recruiting of former Republican National
Committee co-chairman Patricia de Stacy Harrison to be CPB's chief
executive, and into possible White House influence in the hiring of two
in-house ombudsmen to critique news programs on NPR and PBS. Konz delivered
his preliminary findings to CPB's board Tuesday night, but the report will
not be made public until midmonth. Despite his departure, the CPB remains
firmly controlled by conservatives. Tomlinson's successor as chairman,
Cheryl F. Halpern, is a longtime contributor to Republicans, including
President Bush and Sen. Trent Lott (Miss.). Its vice chairman, Gay Hart
Gaines, another Republican contributor, was a founder and former chairman
of GOPAC, a powerful GOP fundraising group.
http://www.washingtonpost.com/wp-dyn/content/article/2005/11/03/AR200511...
(requires registration)
* Broadcasting Ex-Chairman Is Removed From Board
The NYTimes reports that Tomlinson was forced to resign.
http://www.nytimes.com/2005/11/04/politics/04broadcast.html
* Former CPB Chairman Ken Tomlinson Resigns
Rep Ed Markey (D-MA) said, "This is a welcome opportunity for the Bush
Administration to appoint a replacement for Mr. Tomlinson who will be a
defender of outstanding public affairs, educational, cultural as well as
high quality children's programming."
http://www.broadcastingcable.com/article/CA6281019?display=Breaking+News...
(free access for Benton's Headlines subscribers)
* Broadcast Board Member Quits Ahead of Report
"To me, the whole episode points to a need for long-term reform of the
governance of that organization," said John Lawson, president of the Assn.
of Public Television Stations, whose board recently renewed its efforts to
expand the CPB board and include more station representatives.
http://www.latimes.com/news/printedition/asection/la-na-cpb4nov04,1,4805...

FORMER CPB CHAIR TOMLINSON RESIGNS
In response to the Inspector General's report on misconduct at the
Corporation for Public Broadcasting, the CPB board issued the following
statement at the conclusion of its closed meeting today: The Corporation
for Public Broadcasting Board of Directors today announced that its former
chairman Kenneth Y. Tomlinson has resigned from the CPB board. The board
does not believe that Mr. Tomlinson acted maliciously or with any intent to
harm CPB or public broadcasting, and the board recognizes that Mr.
Tomlinson strongly disputes the findings in the soon-to-be-released
Inspector General's report. The board expresses its disappointment in the
performance of former key staff whose responsibility it was to advise the
board and its members. Nonetheless, both the board and Mr. Tomlinson
believe it is in the best interests of the Corporation for Public
Broadcasting that he no longer remain on the board. The board commends Mr.
Tomlinson for his legitimate efforts to achieve balance and objectivity in
public broadcasting. "It was time that Mr. Tomlinson stepped down,"
declared Jeff Chester, executive director of the Center for Digital
Democracy. "He has engaged in unethical, if not illegal,
behavior. Tomlinson's departure, however, is unlikely to stop the
behind-the-scenes programming pressure on PBS and perhaps NPR. Board Chair
Halpern and Vice Chair Gaines will continue Tomlinson's legacy in their
attempts to reshape public broadcasting into something more to the liking
of conservatives." "Blame must also be shared by Ms. Halpern, Ms. Gaines
and the other board members who condoned or supported Tomlinson's past
actions," Chester added. "Did Ms. Halpern and Ms. Gaines, for example,
know and approve of the Mann contract or the hiring of the Hill
lobbyist? If so, they should resign as well. Mr. Tomlinson's hand-picked
choice for CPB president, Patricia Harrison, will no doubt help them
continue to exert ideological pressure on PBS and their other
grantees. CPB needs a thorough house cleaning. We await the IG report's
release." Chester also noted that while stepping down from his position on
the CPB board, Mr. Tomlinson remains head of the powerful Broadcasting
Board of Governors. "It is likely he resigned in order to remain in that
position," Chester concluded.
[SOURCE: Center for Digital Democracy]
http://www.democraticmedia.org/news/CPBpr3.html

US-BACKED ARAB TV NETWORK TO BE INVESTIGATED
[SOURCE: Financial Times, AUTHOR: Guy Dinmore]
Al-Hurra, the Arabic language satellite television network set up by the US
administration to promote freedom and democracy in the Middle East, is to
be investigated for possible irregularities, the state department confirmed
on Thursday. The Broadcasting Board of Governors, a federal agency, has
asked the state department's inspector general to investigate. The House of
Representatives subcommittee on oversight and investigations is also
looking into al-Hurra, which started broadcasting in February 2004. A
hearing has been set for November 10 with Kenneth Tomlinson, BBG chairman,
and Mouafac Harb, the news director of al-Hurra, called as witnesses. The
channel by the BBG and has a budget from Congress of $49 million for 2005
and is intended to balance an anti-American bias in Arab media.
http://news.ft.com/cms/s/04b325be-4ce6-11da-89df-0000779e2340.html

INTERNET/BROADBAND

SBC HEAD IGNITES ACCESS DEBATE
[SOURCE: Washington Post, AUTHOR: Arshad Mohammed]
SBC Communications Chairman Edward E. Whitacre Jr stirred up a hornets'
nest this week by suggesting that he wants to charge companies like Google
and Yahoo a fee for bringing them into consumers' homes. His comments to
Business Week magazine prompted Internet companies to accuse him of
aspiring to block access to their Web sites and to extort money from their
businesses. The incident revived a debate on whether Congress should make
sure that consumers can go wherever they want on the Internet and keep
phone and cable companies from blocking legal Web sites and services. "He
is basically making the case for regulation," said Gigi B. Sohn, the
president of Public Knowledge, a nonprofit group that advocates an open
Internet. FCC Chairman Kevin J. Martin declined to comment directly on
Whitacre's remarks but said he does not think new FCC rules are warranted.
"I don't think that there is evidence of the kind of activity of blocking
consumers' access to the Internet that would justify us adopting new rules
at this stage," Martin said in an interview. In approving the SBC-AT&T
merger this week, the FCC put conditions on the deal that would prohibit
the company from restricting access to Internet content for two years.
Martin had initially opposed imposing any conditions for the merger.
http://www.washingtonpost.com/wp-dyn/content/article/2005/11/03/AR200511...
(requires registration)

THE OHIO PUCO MUST ENSURE EQUAL INTERNET ACCESS
[SOURCE: Cleveland Plain Dealer, AUTHOR: Kevin Cronin and Angela Stuber]
[Commentary] Internet access is economic development: The more robust and
comprehensive the access, the better. Left on their own, however, phone
companies will underinvest in rural and urban areas, denying opportunity to
parts of Ohio. While California is in the preliminary stage of creating a
$60 million fund and a $67 million charitable fund to address that state's
disparities, Ohioans await a ruling from the Public Utilities Commission of
Ohio. The PUCO has received expert testimony regarding inequitable
high-speed Internet (DSL) rollout in Ohio, but will the commission choose a
positive solution? The pending SBC/AT&T merger and the Verizon/MCI merger
are not in Ohio's best interests, especially those of poor urban and rural
areas. With the power to approve the merger of telecom giants, the PUCO has
a chance to follow California and require meaningful investment. The PUCO
must evaluate whether the merger of telecom giants promotes the public
interest. With evidence that rural and urban areas are left out, the answer
should be an emphatic "no," unless the telecom giants commit to protect
urban and rural opportunities. Without government requirements, the telecom
giants won't invest products and services in low-income and rural areas,
and Ohio would be left with imbalanced access to basic services. Today,
high-speed Internet is critical for education, work, safety, government and
the activities of daily life. While more capable, robust networks, immense
Internet speed and additional services are exciting, if our cities and
rural regions are left behind, Ohio will continue to struggle. Now is the
time for the PUCO Commissioners to represent the best interests of all
Ohioans. (The Ohio PUCO is expected to make a ruling on mergers today.)
http://www.cleveland.com/news/plaindealer/othercolumns/index.ssf?/base/o...

TECH FIRMS BACK BUSH NET EFFORT
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache and Declan McCullagh]
Less than two weeks before a United Nations summit on the Internet begins,
technology firms including Google, IBM and Microsoft are supporting the
Bush administration's efforts to maintain the United States' unique
influence over domain names. In what amounted to a public effort to back
the status quo, those firms sent representatives to an event organized to
highlight what some participants touted as the security and stability of
the current form of Internet governance. MCI, BellSouth and Cisco Systems
also participated. "The U.S. does not support top-down intergovernmental
control of the Internet," Gallagher said at a panel discussion composed of
technology industry and government representatives. "We do not believe in
adding an inter-governmental layer of bureaucracy over such a dynamic
medium as the Internet."
http://news.com.com/Tech+firms+back+Bush+Net+effort/2100-1028_3-5931684....
See also:
* Private Sector Perspectives on the World Summit on the Information Society
http://www.ntia.doc.gov/new.html

GOOGLE THIS: AMAZON PLANS TO SELL PORTIONS OF BOOKS ONLINE
[SOURCE: Wall Street Journal, AUTHOR: Mylene Mangalindan
mylene.mangalindan( at )wsj.com and Jeffrey A. Trachtenberg
jeffrey.trachtenberg( at )wsj.com]
On the heels of Google's controversial move to scan copyrighted books and
make them searchable, Internet retailer Amazon.com is taking a page out of
a different digital book. The Internet retailer said it will introduce two
programs next year that allow consumers to buy online access to entire
books -- and to individual pages or chapters -- giving publishers and
authors another way to generate revenue from their content, much like music
labels are selling individual songs through Apple Computer's iTunes.
Amazon's programs with publishers aren't exclusive -- publishers can strike
their own deals with other online services, booksellers and search Web
sites to make book contents available online. But Amazon's setup appears to
be getting a head start.
http://online.wsj.com/article/SB113104522234587595.html?mod=todays_us_ma...
(requires subscription)
* Want 'War and Peace' Online? How About 20 Pages at a Time?
http://www.nytimes.com/2005/11/04/technology/04publish.html?hp&ex=113116...

QUICKLY

BISHOPS CALL FOR PUBLIC INTEREST OBLIGATIONS
[SOURCE: United States Conference of Catholic Bishops, AUTHOR: Bishop
Gerald F. Kicanas]
The United States Conference of Catholic Bishops sent Senate Commerce
Committee Chairman Ted Stevens (R-Alaska) a letter urging him to include in
pending digital television legislation provisions codifying the public
interest obligations of broadcasters with respect to local and religious
programming. Noting the increased concentration of media ownership, the
bishops said "there are fewer broadcast stations that are willing to
provide local and religious programming." The bishops are concerned that
local broadcasters' programming decisions regarding religious and
educational programming is more deeply rooted in their desire for
commercial gain, rather than in serving their communities' interests. Over
the years, USCCB has advocated for legislation that would ensure broadcast
licensees understand and meet local needs and interests with responsive
programming by: (a) amplifying the voices and views of the public,
including community organizations and noncommercial religious entities, in
broadcast media; (b) increasing the amount of local news and public affairs
programming (including religious programs and public service
announcements); and (c) increasing the amount of programming that serves
the educational needs of children, persons with disabilities, and
underserved communities.

TIME WARNER SEES NET CONSOLIDATING
[SOURCE: Reuters, AUTHOR: Kenneth Li]
Time Warner Inc., the world's largest media company, sees more
consolidation on the Internet, as it mulls moves in the wireless and video
games sector. "It's inevitable," Parsons said of the recent Internet buying
frenzy of its peers. "The little guys will ultimately be consolidated.
Rupert (Murdoch, CEO of News Corp) and Viacom are making the right moves,"
he told New York media executives at a breakfast sponsored by the Newhouse
School and The New Yorker magazine. "We're making the same moves."
http://today.reuters.com/news/newsArticle.aspx?type=internetNews&storyID...

POLITICAL ADS POUR IN
[SOURCE: Broadcasting&Cable, AUTHOR: PJ Bednarski]
In an "off" election year, political ads keep coming. From coast to coast,
107,701 political ads have aired on broadcast TV stations since August,
says Nielsen Monitor.
http://www.broadcastingcable.com/article/CA6280824?display=Breaking+News...
(free access for Benton's Headlines subscribers)

PRESSURE GROWS FOR KNIGHT RIDDER TO SELL
[SOURCE: USAToday, AUTHOR: David Lieberman]
Pressure on newspaper chain Knight Ridder to look for a buyer intensified
Thursday as its second- and third-largest shareholders said that they want
the company to consider putting itself up for sale -- a plea first made
earlier this week by No. 1 investor Private Capital Management.
http://www.usatoday.com/printedition/money/20051104/4b_newspaper04.art.htm

STUDENTS, TEACHERS INVITED TO 'SPEAK UP'
[SOURCE: eSchool News, AUTHOR: Laura Ascione]
Students and teachers across the United States are invited to voice their
opinions on how technology affects their teaching and learning. The means
of being heard is Speak Up Day 2005, an online survey that gives K-12
education's primary stakeholders the chance to suggest how technology
should be used in their schools. Educators and students can register to
participate in the survey until Nov. 18.
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=5934

CDT, CIPPIC FILE COMPLAINTS AGAINST ALLEGED SPYWARE DISTRIBUTORS
[SOURCE: Center for Democracy & Technology]
The Center for Democracy & Technology (CDT) and the Canadian Internet
Policy and Public Interest Clinic (CIPPIC) asked the Federal Trade
Commission (FTC) and the Canadian Competition Bureau to investigate the
business practices of Montreal-based software distributor Integrated Search
Technologies and several of its business partners. In a complaints filed
with the FTC and the Competition Bureau, CDT and CIPPIC allege that
Integrated Search Technologies (IST) and its affiliates have engaged in a
widespread campaign of installing unwanted software on users computers, and
have done so using unfair and deceptive practices prohibited by federal
law. The complaints come as part of CDT's ongoing effort to root out the
most egregious distributors of spyware, adware and other unwanted
technologies.
Press Release: http://www.cdt.org/press/20051103istrelease.pdf
Complaint: http://www.cdt.org/privacy/20051103istcomplaint.pdf
--------------------------------------------------------------
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.
--------------------------------------------------------------

Subcommittee on Telecommunications and the Internet
November 9, 2005
2123 Rayburn House Office Building
10:00 AM

Staff discussion draft of legislation to create a statutory framework for Internet Protocol and Broadband Services



Chicago and Milwaukee TV Licenses Challenged

The Media Access Project (MAP) filed a formal petition with the Federal Communication Commission requesting that it deny the pending license renewal applications of Chicago and Milwaukee television stations. The petition charges that the stations in question fell far short of their obligations to serve the public interest by failing to provide adequate coverage of local and state elections during the 2004 campaign. A 1998 Benton study found that TV broadcasters in Chicago and four other markets provided almost no programming addressing local issues. In response to the MAP filing, Benton Foundation Chairman Charles Benton said, "This case clearly demonstrates the lose-lose scenario of not properly defining the public interest obligations of broadcasters: TV stations put their licenses at risk in a race to serve their narrow commercial interests -- and the public does not get the critical information it needs for a democratic society to function."

Public Interest Groups Tell Congress: Keep Close Eye On FCC Media Review

[SOURCE: Technology Daily, AUTHOR: David Hatch]