May 2006

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

GOVERNMENT & COMMUNICATIONS
Bush: Spying Program Protects America
Down to the Fourth Estate
BellSouth, AT&T added to $200 Billion Privacy Lawsuit
Second Phone Company Questions 'USA Today' NSA Story

NETWORK NEUTRALITY
Boucher, Goodlatte Discuss 'Network Neutrality' Plan
The US Will Not Mandate Net Neutrality
What Congress Is Learning About 'Net Neutrality'
Can The FCC Save Net Neutrality?
If it's not Neutral it's not Internet

LEGISLATION
Senate Telecom Hearing Witness List
What Does $400,000 (plus) Buy the Bells?
McCain to Propose Incentives for Cable Firms to Offer a la Carte Pricing

POLICYMAKERS
Telecom Sector Donates To Senate Commerce Chairman
Commerce Chairmen Get Power Points

SPECTRUM
Microsoft, Dell push FCC for access to unused TV spectrum
Why don't we just auction the 'white space'?
Wireless location tracking draws privacy questions
Adelstein at Spectrum Management 2006

MEDIA OWNERSHIP
NCTA Beefs About USDA Broadband Loans
Recording Industry Sues XM Satellite Radio
Merger no way to improve CA Public TV

QUICKLY -- TV Staffs Are Light on Women,=20
Minorities; Ten Stories That Desperately Need to=20
Be Told; 10 Most Relevant Companies; Blogs now=20
have a world of influence; ICANN approves .tel=20
domain; In the Fight Against Spam, Goliath Wins Again

GOVERNMENT & COMMUNICATIONS

BUSH: SPYING PROGRAM PROTECTS AMERICA
[SOURCE: Reuters, AUTHOR: Tabassum Zakaria]
President George W. Bush on Tuesday defended=20
intelligence programs that have raised concerns=20
the government is spying on Americans, saying his=20
administration was obliged to "connect dots" to=20
protect citizens after the September 11 attacks.=20
A political and public furor erupted after a=20
newspaper report that the National Security=20
Agency collected telephone records of Americans.=20
This followed the revelation last year of a=20
program to eavesdrop inside the United States=20
without court approval on international telephone=20
calls and e-mail of terrorism suspects. Sen.=20
Charles Schumer, a New York Democrat, sent Bush a=20
letter asking whether the NSA's spying programs=20
were targeting journalists and their sources.
http://today.reuters.com/news/newsArticle.aspx?type=3DpoliticsNews&storyID=
=3D2006-05-16T202702Z_01_N16447377_RTRUKOC_0_US-SECURITY-BUSH.xml
* President Backs Off Wiretap Secrecy
Reversing a position it has held for months, the=20
White House on Tuesday agreed to brief all=20
members of the House and Senate intelligence=20
committees on a controversial domestic=20
wiretapping operation -- just as the architect of=20
the program is facing a contentious confirmation=20
hearing on Capitol Hill. In making the=20
concession, the Bush administration is seeking to=20
improve the prospects of the president's nominee=20
to be the next CIA director, Air Force Gen.=20
Michael V. Hayden, by preempting attacks from=20
lawmakers angry that they have been kept in the=20
dark on domestic spying activities.
http://www.latimes.com/news/printedition/front/la-na-nsa17may17,1,423716...
tory?coll=3Dla-headlines-frontpage
* Size of NSA's database of phone-call records isn't all that impressive
[SOURCE: USAToday]
http://www.usatoday.com/printedition/money/20060517/maney17.art.htm

DOWN TO THE FOURTH ESTATE
[SOURCE: USAToday, AUTHOR: Jonathan Turley, George Washington University ]
[Commentary] This month, Congress is faced with a=20
most inconvenient crime. With the recent=20
disclosure of a massive secret database program=20
run by the National Security Agency involving=20
tens of millions of innocent Americans, members=20
are confronted with a second intelligence=20
operation that not only lacks congressional=20
authorization but also appears patently unlawful.=20
In December, the public learned that the NSA was=20
engaging in warrantless domestic surveillance of=20
overseas communications =97 an operation many=20
experts believe is a clear federal crime ordered=20
by the president more than 30 times. What is most=20
striking about these programs is that they were=20
revealed not by members of Congress but by=20
members of the Fourth Estate: Journalists who=20
confronted Congress with evidence of potentially=20
illegal conduct by this president that was known=20
to various congressional leaders. In response,=20
President Bush has demanded to know who will rid=20
him of these meddlesome whistleblowers, and=20
various devout members have rushed forth with=20
cudgels and codes in hand. Now, it appears=20
Congress is finally acting =97 not to end alleged=20
criminal acts by the administration, mind you,=20
but to stop the public from learning about such=20
alleged crimes in the future. Members are seeking=20
to give the president the authority to continue=20
to engage in warrantless domestic surveillance as=20
they call for whistleblowers to be routed out.=20
They also want new penalties to deter both=20
reporters and their sources. The Framers gave us=20
a free press as the final safety net if all other=20
checks and balances in the three branches of=20
government should fail. With the failure of both=20
parties in Congress to exercise oversight=20
responsibilities, the importance of a free press=20
has been vividly demonstrated. The public now has=20
a choice. It can live in self-imposed ignorance,=20
or it can fight for an open society. Not hearing=20
about alleged crimes by your government is=20
certainly a comfort, but not having crimes occur would be an even greater o=
ne.
http://www.usatoday.com/printedition/news/20060517/oplede17.art.htm

BELLSOUTH, AT&T ADDED TO $200 BILLION PRIVACY LAWSUIT
[SOURCE: Reuters, AUTHOR: Anna Driver]
BellSouth and AT&T were named in a $200 billion=20
lawsuit on Tuesday alleging that=20
telecommunications companies violated privacy=20
rights by turning over customer phone records for=20
use in a U.S. government call-tracking program to=20
detect terrorist plots. BellSouth and AT&T were=20
added to the lawsuit seeking class-action status=20
that was initially filed against Verizon=20
Communications in U.S. District Court in=20
Manhattan on Friday. The amended lawsuit, filed=20
on behalf of 26 plaintiffs in 18 states, seeks=20
damages for the estimated 200 million customers=20
of all three companies. "We're outraged at the=20
actions of the NSA, the administration and the=20
phone companies," Bruce Afran, a public interest=20
lawyer from New Jersey, said at a news=20
conference. He added that he wanted the companies=20
to understand the massive financial exposure they had on this issue.
http://today.reuters.com/news/newsArticle.aspx?type=3DpoliticsNews&storyID=
=3D2006-05-16T210432Z_01_N16440622_RTRUKOC_0_US-TELECOMS-LAWSUIT.xml&archiv=
ed=3DFalse

SECOND PHONE COMPANY QUESTIONS 'USA TODAY' NSA STORY
[SOURCE: Associated Press]
Verizon denied Tuesday that it had received a=20
request for customer phone records from the=20
National Security Agency. "Contrary to the media=20
reports, Verizon was not asked by NSA to provide,=20
nor did Verizon provide, customer phone records,"=20
the New York-based phone company said. The=20
denials by Verizon and BellSouth leaves AT&T as=20
the sole company named in the USA Today article=20
that hasn't denied involvement. On Thursday, San=20
Antonio-based AT&T said it had "an obligation to=20
assist law enforcement and other government=20
agencies responsible for protecting the public=20
welfare," but said would only assist as allowed=20
within the law. Asked about the denials, Sen.=20
Patrick Leahy (D-VT) noted that telephone=20
company executives will be called before the=20
panel for a hearing. =93We'll ask them under oath,=94=20
he said. =93The thing that concerns me is some=20
(companies) said yes and some said no=94 when asked=20
to participate. =93If the government really thought=20
this was legal and necessary, why let some say=20
yes and some say no? It's either legal and necessary, or it's not.=94
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...
t_id=3D1002503697
* Verizon Denies Turning Over Local Phone Data
http://www.nytimes.com/2006/05/17/washington/17phone.html
* More Phone Firms Fight Claims They Supplied Call Data to NSA
http://online.wsj.com/article/SB114779339367054254.html?mod=3Dtodays_us_...
e_one
* Verizon Says It Did Not Give Customer Records to NSA
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/16/AR200605...
1749.html
* Verizon says it isn't giving call records to NSA
http://www.usatoday.com/printedition/news/20060517/a_nsa17.art.htm

NETWORK NEUTRALITY

BOUCHER, GOODLATTE DISCUSS 'NETWORK NEUTRALITY' PLAN
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
House Judiciary Committee members still have time=20
to act on "network neutrality" even if Speaker=20
Dennis Hastert (R-IL) denies the committee a=20
referral of pending legislation, Reps Rick=20
Boucher (D-VA) and Bob Goodlatte (R-VA), the=20
House co-chairmen of the Congressional Internet=20
Caucus, agreed. They believe the Judiciary=20
Committee should have jurisdiction of net=20
neutrality provisions in a Commerce Committee=20
telecommunications bill. But even if Speaker=20
Hastert decides otherwise, Rep Boucher said=20
Judiciary Chairman James Sensenbrenner (R-WI) is=20
likely to introduce legislation that would deal=20
more aggressively with the subject than did the=20
House Commerce Committee in its bill.
http://www.njtelecomupdate.com/lenya/telco/live/tb-JETF1147808957124.html

THE US WILL NOT MANDATE NET NEUTRALITY
[SOURCE: Forrester Research, AUTHOR: Maribel D. Lopez]
Many have called for the US government to mandate=20
"network neutrality" that will ensure all=20
Internet traffic is delivered equally, consumer=20
choice is upheld, and Internet innovation is not=20
stalled. But, it won't happen in the next three=20
to five years. Why? Because no problem exists=20
today and legislating neutrality will not give=20
consumers the best results. In five years, when=20
rich content taxes networks and broadband=20
adoption approaches saturation, the Federal=20
Communications Commission will take a more=20
hands-on approach and intervene if a consumer's=20
access to content and service is being denied. In=20
the meantime, operators should err on the side of=20
limited prioritization and content owners should=20
build priority delivery into carriage agreements.
http://www.forrester.com/Research/Document/Excerpt/0,7211,39310,00.html
(available for fee only)

WHAT CONGRESS IS LEARNING ABOUT 'NETWORK NEUTRALITY'
[SOURCE: Wall Street Journal, AUTHOR: Holman Jenkins]
[Commentary] Google, eBay, Amazon, Microsoft, and=20
Intel are spending millions to tie up Congress in=20
a bogus debate about "net neutrality" at a time=20
when other important telecom work is being left=20
undone. Verizon and AT&T are the targets, thanks=20
to superfast Internet connections they are just=20
starting to provide to consumers over which to=20
deliver TV in competition with cable and=20
satellite. Being peddled is a kind of IP=20
fetishism -- a claim that any network that uses=20
Internet protocol must operate like the Internet=20
consumers think they're used to today, one=20
undivided pipe between them and the world's Web=20
sites. Of course, that's not really what=20
consumers are getting today. Your cable operator=20
may sell you one, two or three megabits of=20
capacity for a broadband connection, but most of=20
his pipe is reserved for his TV offerings.=20
Verizon and AT&T have made clear they, too, will=20
reserve a big share of their new pipes for their=20
own value-added services, namely TV, and for=20
other content distributors who are willing to pay=20
for access to it. That's how they hope to recoup=20
their investment. Yet it's obvious that, even as=20
they roll out their TV services, they will be=20
under competitive pressure to keep giving=20
consumers bigger and bigger pipes for their own=20
Web browsing. How do we know? Because that's what=20
cable is already doing, and because Ed Whitacre=20
and Ivan Seidenberg aren't so dumb as to try to=20
make a business model out of denying consumers=20
Web content at home that they freely get at work=20
or at the local Starbucks. And, c'mon, there's=20
plenty of time for Congress to act if a real=20
problem materializes. The issue is Internet=20
survival. The real issue is where will the big=20
bucks come from to create an Internet capable of=20
handling the services now envisioned, let alone=20
those not yet dreamed up. Think back to the=20
beginnings of radio and TV: Those business models=20
would never have worked if consumers had had to=20
foot the bill directly for programming. It's=20
clear today that giving consumers the kind of=20
Internet that will support high-definition video=20
and gaming will require the bill to be shared by=20
companies with a stake in putting the new services in front of consumers.
http://online.wsj.com/article/SB114782606290854866.html?mod=3Dtodays_us_...
nion
(requires subscription)

CAN THE FCC SAVE NET NEUTRALITY?
[SOURCE: WebProNews, AUTHOR: Jason Lee Miller]
The chief complaints of the telecommunications=20
industry regarding the heated Network Neutrality=20
debate are that regulation limits their ability=20
to compete, build out infrastructure, and=20
innovate; that regulation is unnecessary as=20
principles outlined by the FCC are sufficient to=20
guard it and that telcos like Verizon have=20
already publicly committed to them; and that Net=20
Neutrality is still too poorly defined to write=20
legislation around it. Interestingly, the last=20
two notions are mutually exclusive: How can Net=20
Neutrality principles be simultaneously committed=20
to while being nebulous and ill defined? This=20
logical conundrum works in their favor as well as=20
their opposition. Such is the tricky language and=20
nature of Net Neutrality, and reason as well that=20
people just learning of the issue are having=20
difficulty pulling it down to earth. The devil in=20
the details is causing a gridlock in Congress as=20
talking points become more direct, but more=20
confusing. Legislators seem to be sticking with=20
their contributors on the whole; telecoms and=20
cable sticking to their best interests; advocates=20
playing the role of voice of the people. Again,=20
the last two notions are mutually exclusive.=20
Colin Crowell, who works for Net Neutrality=20
proponent Rep. Ed Markey's (D - MA), told=20
WebProNews that legislation is necessary because=20
the FCC's fourth connectivity principle was=20
"unenforceable." "A chief concern," said Crowell,=20
"is that they're going to charge people for=20
things they had before (for free)." Also, Crowell=20
is unconvinced of Verizon's public commitment to=20
Network Neutrality principles. When Verizon=20
merged with MCI, he said, the FCC approved the=20
acquisition on condition they stick to Net=20
Neutrality principles. Crowell said Verizon=20
lobbied "vociferously" to ensure those=20
requirements would sunset after 30 months. "If=20
they were committed, why did they lobby that?"
http://www.webpronews.com/insiderreports/marketinginsider/wpn-50-2006051...
nTheFCCSaveNetNeutrality.html

IF IT'S NOT NEUTRAL IT'S NOT INTERNET
[SOURCE: Daniel Berninger, Tier1 Research]
[Commentary] The success of a proposal by AT&T=20
and Verizon to end net neutrality does not=20
threaten the Internet. The broadband customers of=20
AT&T and Verizon will just no longer have access=20
to the Internet. The development appropriately=20
creates alarm among AT&T and Verizon's customers,=20
but the combined customer bases of these=20
companies represent less than 2% of the billion=20
or so usersof the Internet. The fact access to=20
the Internet requires net neutrality does not=20
depend on laws passed by the US Congress or=20
enforced by the FCC.Neutrality arises as a=20
technical and business imperative facilitating=20
the interconnection 250,000 independent networks=20
that choose to participate in the Internet. Net=20
neutrality will remain a requirement as long as=20
it serves the interests of the global Internet=20
community. The opposition to net neutrality=20
arises like all regulatory debates as the means=20
to raise prices, but people in the US already pay=20
more for less bandwidth than citizens of Europe=20
and Asia. Communication serves as an input to all=20
economic activity, so expensive communications=20
drags on the economy in the same way as high=20
energy prices. Policy makers must decide between=20
protecting the Bells 20th century business model=20
or working to make sure US enjoys the benefits of=20
the Internet. Internet traffic outside the US=20
already dwarfs the traffic from within the US,=20
and the failure of policymakers to defend net=20
neutrality will only continue the trend of the US=20
toward third world status in connectivity.
http://www.danielberninger.com/dbessays/2006/05/if-its-not-neutral-its-n...
internet.html
* Information Highway Robbers
[SOURCE: InTheseTimes, AUTHOR: Joel Bleifuss]
[Commentary] What makes the Internet=20
revolutionary is that it is democratic, open to=20
anyone with a computer and an Internet connection. That could soon change.
http://www.inthesetimes.com/site/main/article/2653/
* Why Network Neutrality Is Important for the Future of Disaster Communicat=
ion
http://www.digitaldivide.net/blog/Taran/view?PostID=3D14026

LEGISLATION

SENATE TELECOM HEARING WITNESS LIST
[SOURCE: US Senate Commerce Committee]
In the first of two hearings to review S. 2686,=20
the Communications, Consumers' Choice, and=20
Broadband Deployment Act of 2006, the witnesses=20
will be: Kyle McSlarrow, National Cable &=20
Telecommunications Association; Walter McCormick,=20
United States Telecom Association; Mayor Michael=20
A. Guido, U.S. Conference of Mayors; Julia=20
Johnson, Video Access Alliance; Gene Kimmelman,=20
Consumers Union; Shirley Bloomfield, National=20
Telecommunications Cooperative Association;=20
former-Congressman Steve Largent, CTIA -- The=20
Wireless Association; Joslyn Read, Satellite=20
Industry Association; and Philip McClelland,=20
Pennsylvania Office of Consumer Advocate.=20
Thursday, May 18, 2006 10:00 AM (eastern)
http://commerce.senate.gov/public/index.cfm?FuseAction=3DHearings.Hearin...
earing_ID=3D1753

WHAT DOES $400,000 (PLUS) BUY THE BELLS?
[SOURCE: TPM Cafe, AUTHOR: Art Brodsky, Public Knowledge]
[Commentary] This Thursday, the Senate Commerce=20
Committee will have its hearing on the 135-page=20
telecom bill Committee Chairman Ted Stevens=20
(R-Alaska) introduced. The bill ignores the=20
threats to a neutral and open Internet. Knowing=20
this bill is up for discussion, what kind images=20
and messages do the telephone companies want to=20
present to Congress? Take a trip through one=20
jam-packed edition of the Washington Post and see=20
what about $400k will buy. Be warned. The journey has many twists and turns.
http://www.tpmcafe.com/node/29907
* Debunking some Telco Disinformation
http://www.wetmachine.com/totsf/item/511
* HandsOfftheInternet.com -- More Sock-Puppetry=20
from the Telecom Ministry of Propaganda
http://www.saschameinrath.com/2006may16handsofftheinternet_com_more_sock...
ppetry_from_the_telecom_ministry_of_propaganda
* Telecom Companies Flip Flop on Net Neutrality, Regulation of the Internet
[Commentary] Congressman Barton said that his=20
bill preserves the Federal enforcement of net=20
neutrality. The Hands Off the Internet=20
telecommunications coalition is encouraging=20
people to send letters to Congressmen, and the=20
very first line is "I am writing to ask you to=20
oppose "Net Neutrality." And yet they are=20
supporting Barton's COPE Act. This doesn't make=20
any sense. If they are so opposed to government=20
regulation of the Internet in the form of=20
enforceable net neutrality, what happened in the=20
last few days to suddenly cause them to become=20
fans of government regulation of the Internet?=20
Apparently the telcos were for net neutrality and=20
before they were against it. Or maybe it's the=20
other way around. I get so confused sometimes.
http://www.mydd.com/story/2006/5/16/151434/049

MCCAIN TO PROPOSE INCENTIVES FOR CABLE FIRMS TO OFFER A LA CARTE PRICING
[SOURCE: Los Angeles Times, AUTHOR: Jim Puzzanghera]
Sen. John McCain (R-AZ) plans to introduce=20
legislation as early as today that would offer=20
incentives for cable TV providers and network=20
owners to allow viewers to pay for only the=20
channels they want to receive. Sen McCain will=20
offer a "bucket of goodies" to offset strong=20
industry opposition to a la carte pricing,=20
according to an aide, who spoke anonymously=20
because the bill was not finished. The=20
legislation would apply only to digital cable and=20
would not force anyone to provide channels on an=20
a la carte basis. "It's an incentive-based bill=20
to ensure that consumers are provided more=20
options and choices of buying channels," the aide=20
said. McCain's bill has been anticipated for=20
weeks, and his aide said it would be introduced=20
before Congress leaves for the Memorial Day=20
recess at the end of next week. The senator plans=20
to try to attach the legislation to a major=20
telecommunications bill that the Commerce=20
Committee will vote on early next month. For=20
cable companies, McCain would offer an=20
unspecified reduction in the 5% maximum local=20
franchise fee they pay to cities and towns for=20
the right to offer TV service. For networks that=20
have resisted unbundling their channels, he would=20
extend some undisclosed Federal Communications=20
Commission rules that would benefit programmers.=20
For phone companies eager to offer TV service,=20
the bill would give those agreeing to a la carte=20
pricing a national franchise system so they'd no=20
longer need to petition every community they want=20
to serve. But the National Cable &=20
Telecommunications Assn. would oppose such=20
legislation, spokesman Brian Dietz said. "It is=20
completely unnecessary for the federal government=20
to disrupt a competitive marketplace and engage=20
in the pricing and packaging of video services,"=20
he said. Cable operators have promised to offer=20
family-friendly packages but say a la carte=20
pricing would increase rates and limit diversity=20
by forcing some niche channels off the air.
http://www.latimes.com/business/printedition/la-fi-alacarte17may17,1,531...
0.story?coll=3Dla-headlines-pe-business
(requires registration)

POLICYMAKERS

TELECOM SECTOR DONATES TO SENATE COMMERCE CHAIRMAN
[SOURCE: Technology Daily, AUTHOR: David Hatch]
Telecommunications, media and Internet=20
conglomerates seeking regulatory relief from the=20
Senate Commerce Committee are giving generously=20
to the campaign coffers of panel Chairman Ted=20
Stevens (R-Alaska). The largesse is notable=20
because Stevens, who is drafting the most=20
comprehensive overhaul of telecom laws in a=20
decade, is not up for re-election until 2008.=20
"The election cycle never stops for an industry=20
that cares about its business in Congress," said=20
Massie Ritsch, a spokesman for the nonprofit=20
Center for Responsive Politics. Sen Stevens=20
received $130,750 from the industry during the=20
period covering 2005 and the first third of 2006=20
-- substantially more than he garnered from any=20
other sector, according to the nonpartisan=20
PoliticalMoneyLine. Top corporate benefactors=20
included AT&T with $10,000 in donations, Time=20
Warner with $8,000 and Sony Pictures with $8,000,=20
according to Federal Election Commission data=20
compiled by PoliticalMoneyLine. CBS parent Viacom=20
gave Stevens $6,500. The National Association of=20
Broadcasters, ABC parent The Walt Disney Company,=20
DirecTV, Fox parent News Corp., and the Recording=20
Industry Association of America each donated=20
$5,000. The contributions were made through=20
political action committees that can give $5,000=20
per candidate for a primary and another $5,000=20
toward the general election. Commerce spokesman=20
Aaron Saunders said it is "ludicrous" to suggest=20
that Stevens shapes policy based on=20
contributions. "Frankly, it's offensive," he said.
http://www.njtelecomupdate.com/lenya/telco/live/tb-NTRK1147809456462.html

COMMERCE CHAIRMAN GET POWER POINTS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Political power tracker Congress.org released its=20
power rankings for members of Congress Tuesday.=20
House Commerce Committee Chairman Joe Barton=20
(R-Tex.) ranked as the sixth most powerful House=20
member with a score of 45.56 combining ratings on=20
15 criteria of effectiveness. Senate Commerce=20
Committee Chairman Ted Stevens ranked eighth in=20
the Senate, but had a higher combined score at a 61.56.
http://www.broadcastingcable.com/article/CA6335188?display=3DBreaking+News
* See rankings for all members at:=20
http://www.congress.org/congressorg/power_rankings/index.tt

SPECTRUM

MICROSOFT, DELL PUSH FCC FOR ACCESS TO UNUSED TV SPECTRUM
[SOURCE: IDG News Service, AUTHOR: Grant Gross]
Microsoft, Intel and Dell are pressing the U.S.=20
Federal Communications Commission (FCC) to finish=20
work on a 2-year-old technical proceeding that=20
would allow new wireless devices to operate in=20
unused television spectrum. They have cheered a=20
new proposal in the U.S. Congress requiring the=20
FCC to finish the proceeding on so-called white=20
spaces unused by television stations in many U.S.=20
markets. The Communications, Consumer's Choice,=20
and Broadband Deployment Act, a wide-ranging=20
telecom reform bill to be debated Thursday in the=20
Senate Commerce, Science and Transportation=20
Committee, would set a deadline for the FCC to=20
finish the white spaces proceeding. The tech=20
vendors want to build new wireless Internet=20
devices that would locate unused spectrum=20
designated for television use, but they can't=20
start designing the devices because of a lack of=20
direction from the FCC, lawyers for the three=20
companies said at a press briefing last week.=20
Broadcasters have opposed the proposal, however.=20
Most television markets have several unused TV=20
spectrum bands, and a greater use of white spaces=20
could create a new demand for innovative wireless=20
devices that can find unused spectrum, said Paula=20
Boyd, regulatory affairs counsel for Microsoft.=20
"The white spaces provide a greater opportunity=20
for broadband deployment," she said. "It provides=20
an opportunity for consumers to get new and=20
interesting services and products." The tech=20
vendors said they see broadband as a major driver=20
for greater demand of their current and future=20
products. But U.S. broadcasters have raised=20
concerns that unlicensed wireless devices could=20
interfere with their TV signals.
http://www.infoworld.com/article/06/05/16/78377_HNspectrummsdell_1.html?...
rce=3Drss&url=3Dhttp://www.infoworld.com/article/06/05/16/78377_HNspectrumm=
sdell_1.html

WHY DON'T WE JUST AUCTION THE 'WHITE SPACE'?
[SOURCE: C-Net|News.com, AUTHOR: Thomas Lenard, Progress & Freedom Foundati=
on]
[Commentary] In this new wireless era, the=20
electromagnetic spectrum is surely one of the=20
most important economic policy issues the=20
government faces, with hundreds of billions of=20
dollars of economic benefits at stake. Economists=20
who study the spectrum issue are virtually=20
unanimous in concluding that the only way to=20
assure that spectrum is allocated to its=20
highest-valued uses is by allowing a market in=20
spectrum rights to develop. They argue that=20
spectrum is analogous to real estate, which=20
operates efficiently only under a=20
market-allocation regime. Managing spectrum the=20
right way will speed the delivery of innovative=20
new wireless communications technologies to=20
consumers. Doing it the wrong way will impose=20
hundreds of billions of dollars of costs on the=20
economy. The FCC will follow a market allocation=20
model when it auctions the advanced wireless=20
service spectrum later this year and the DTV=20
spectrum in 2009. There is no obvious reason that=20
the TV broadcast white space should be allocated=20
any differently. The white space bills now=20
pending in Congress are doing it the wrong way=20
and, if enacted, will constitute a significant=20
setback on the road to a rational spectrum policy.
http://news.com.com/2010-1036_3-6072534.html?part=3Drss&tag=3D6072534&subj=
=3Dnews

WIRELESS LOCATION TRACKING DRAWS PRIVACY QUESTIONS
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
Wireless products that can do everything from=20
tracking your children to finding you a nearby=20
date this weekend seem to fall outside the scope=20
of federal privacy laws, and that may need to=20
change, an industry group said. At a panel=20
discussion hosted by the Congressional Internet=20
Caucus Advisory Committee, which aims at=20
informing legislative aides, a wireless industry=20
representative on Tuesday said he's concerned=20
that many products that use geographic location=20
technology, such as those found in cars, aren't=20
being held to the same standards as traditional=20
wireless phone carriers. "We're going to see in=20
the next year pretty much all of the national=20
wireless carriers deploy handsets that work on=20
licensed commercial spectrum and also work off=20
Wi-Fi hot spots," said Michael Altschul, general=20
counsel to the Cellular Telecommunications and=20
Internet Association (CTIA), an international=20
trade association representing wireless carriers,=20
suppliers and providers of wireless services. "I=20
don't want a customer who starts a call in a=20
Starbucks using a Wi-Fi hot spot, then steps=20
outside and the call is handed off to a=20
commercial mobile service, to have different privacy expectations."
http://news.com.com/Wireless+location+tracking+draws+privacy+questions/2...
-1028_3-6072992.html?tag=3Dhtml.alert

REMARKS OF FCC COMMISSIONER ADELSTEIN AT SPECTRUM MANAGEMENT 2006
[SOURCE: Federal Communications Commission]
As you all know, the power of spectrum cannot be=20
underestimated. In the 21st century, we are=20
reminded of that on a daily basis. Just two=20
weeks ago, the New York Times ran a great article=20
about the efforts of local communities to fill=20
broadband service gaps in their=20
neighborhoods. The medium of choice - spectrum=20
of course! One particular story caught my=20
eye. It involved a number of organizations who=20
have banded together to launch what they call the=20
Connecting Rural Ohio Wireless Neighborhood=20
Project. It is deploying broadband to=20
underserved communities in Ohio's Appalachian=20
southeast. This area has been particularly hard=20
hit by factory closings over the past several=20
years. It suffers from a poverty rate=20
approaching 20 percent. The story caught my=20
attention because of the creativity involved in=20
deploying this multi-band network, which was led=20
by a team from the Ohio Academic Resources=20
Network (OARNet) and Ohio State University. This=20
kind of accomplishment can truly transform=20
communities. My job as an FCC Commissioner is to=20
do whatever I can to promote spectrum-based=20
opportunities like this in the future. The=20
Commission has to be more creative with a term I=20
have coined "spectrum facilitation." That means=20
looking at all types of approaches - regulatory,=20
technical, or economic - to get spectrum into the=20
hands of operators ready and willing to serving=20
consumers at the most local levels
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265394A1.doc

MEDIA OWNERSHIP

NCTA BEEFS ABOUT USDA BROADBAND LOANS
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
The cable industry is voicing concern that a=20
federal broadband-loan program is straying from=20
its mission of funding high-speed-data carriers=20
that intend to offer service to communities where=20
the service is unavailable. Cable=92s objections=20
were expressed in a letter Tuesday from National=20
Cable & Telecommunications Association president=20
Kyle McSlarrow to U.S. Department of Agriculture=20
secretary Mike Johanns. =93RUS [Rural Utilities=20
Service] loans are being used to unfairly=20
subsidize second and third broadband providers in=20
communities where private risk capital already=20
has been invested to provide broadband service,=94=20
McSlarrow said. Cable operators, particularly=20
small systems, have complained in the past about=20
the broadband loan program run by USDA=92s RUS. In=20
his letter, McSlarrow asked Johanns to=20
=93personally examine=94 the program and ensure that=20
money is flowing to markets where broadband is not being offered.
http://www.multichannel.com/article/CA6335405.html?display=3DBreaking+News
* NCTA Letter to Department of Agriculture=20
Regarding Rural Utilities Service Broadband Loan Program
http://www.ncta.com/ContentView.aspx?hidenavlink=3Dtrue&type=3Dlpubtp4&c...
entId=3D3181
* NCTA Has Choice Words for USDA
http://www.broadcastingcable.com/article/CA6335392?display=3DBreaking+News

RECORDING INDUSTRY SUES XM SATELLITE RADIO
[SOURCE: Associated Press]
The recording industry sued XM Satellite Radio=20
yesterday over its new iPod-like device that can=20
store up to 50 hours of music for a monthly fee.=20
The federal lawsuit, filed in Manhattan by the=20
largest record companies, accused XM Satellite of=20
"massive wholesale infringement" because its $400=20
handheld Inno device could record hours of music=20
and automatically parse recordings by song and=20
artist. The device is sold under the slogan,=20
"Hear it, click it, save it." The lawsuit seeks=20
$150,000 in damages for every song copied by XM=20
Satellite customers using the devices, which went=20
on sale weeks ago. The company said it played=20
160,000 different songs every month.
http://www.nytimes.com/2006/05/17/technology/17radio.html
(requires registration)
* Music Industry Sues XM Over Replay Device
http://online.wsj.com/article/SB114782148515554753.html?mod=3Dtodays_us_...
ketplace
* Music Labels Sue XM Over Recording Device
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/16/AR200605...
1826.html

MERGER NO WAY TO IMPROVE KTEH
[SOURCE: San Jose Mercury News, AUTHOR: Rhawn Joseph, BrainMind.com]
[Commentary] To the astonishment of many, the=20
``we know best'' crowd at KQED and KTEH, acting=20
in secret, and without benefit of public input or=20
discussion, has decreed that KTEH should become a=20
satellite of its big sister in San Francisco. The=20
two stations are to merge and KTEH shall become a=20
dumping ground for programming apparently too=20
boring and insipid for the small slice of the Bay=20
Area population pandered to by the privately=20
owned, corporate-funded KQED. Rather than=20
responding with alarm or indignation at this=20
insult and anti-competitive, monopolistic threat=20
to the public airways, the San Jose Mercury News=20
has editorialized in support of the merger. Would=20
the South Bay and the city of San Jose also be=20
better served if the Mercury News and the San=20
Francisco Chronicle were to merge? Rather than a=20
satellite station, San Jose needs an independent=20
public TV station that would challenge and=20
compete with KQED, thus offering the entire Bay=20
Area a viable South Bay-based alternative to the=20
TV station that rules from San Francisco. The=20
incompetent management at KTEH should be replaced=20
with a creative, independent team that can think=20
and program outside the box. A recipe for success=20
should include locally produced programming.
http://www.mercurynews.com/mld/mercurynews/news/opinion/14599206.htm

QUICKLY

TV STAFFS ARE LIGHT ON WOMEN, MINORITIES
[SOURCE: Broadcasting&Cable, AUTHOR: Ben Grossman]
The Writers Guild of America, West, (WGAw) says=20
that women and minority writers remain=20
underrepresented on television staffs, according=20
to the preliminary findings from its forthcoming=20
Hollywood Writers Report. Among the early=20
findings are that, while women make up 51% of the=20
nation=92s population, they remain underrepresented=20
on TV staffs by nearly 2 to 1. The report also=20
says that, while minorities make up more than 30%=20
of the population, they remain underrepresented=20
on writing staffs by nearly 3 to 1.
http://www.broadcastingcable.com/article/CA6335199?display=3DBreaking+News

TEN STORIES THAT DESPERATELY NEED TO BE TOLD
[SOURCE: Inter Press Service News Agency, AUTHOR: Thalif Deen]
Every year, the U.N.'s Department of Public=20
Information (DPI) unveils its list of the world's=20
10 most under-reported stories, implying that=20
politics, murder and sex scandals still take=20
precedence over poverty, peace-building or=20
economic development. The list, released by the=20
United Nations Monday, covers a wide range of=20
stories -- from the plight of asylum seekers and=20
refugees in ongoing conflicts to earthquake=20
relief and post-war reconstruction -- that=20
received little or no play in the world media:=20
post-war reconstruction in Liberia; the new=20
challenges faced by bona fide asylum seekers; the=20
upcoming historic elections in the Democratic=20
Republic of Congo; children caught in the ongoing=20
conflict in Nepal; and the compounding effects of=20
a drought threatening to undermine stability in=20
war-devastated Somalia. The list also singles out=20
several other stories under-reported by the world=20
media: the plight of millions of refugees living=20
in limbo; the problems of relief efforts in the=20
aftermath of the South Asian earthquake and=20
tsunami; the alarming number of children in=20
conflict with the law; the collaborative=20
solutions that have prevented conflicts over=20
scarce water resources; and renewed violence that=20
threatens to undermine the peace process in Cote d'Ivoire.
http://www.ipsnews.net/news.asp?idnews=3D33238

TELECOMMUNICATIONS ANNOUNCES 10 MOST RELEVANT COMPANIES
[SOURCE: Telecommunications Online, AUTHOR: Bob Wallace]
Focusing on companies with the greatest potential=20
to redefine telecommunications and networking,=20
Telecommunications magazine announced the winners=20
of is 10 Most Relevant Companies of 2006 awards.=20
The winners include TiVo, NetFlix, Google and Red=20
Hat, in addition to agenda-setting service=20
providers AT&T, BT and Level 3 Communications.=20
Intelligent infrastructure providers Alcatel and=20
Juniper were selected from the infrastructure=20
equipment market segment, while Microsoft was=20
chosen from the networking software industry.
http://telecommagazine.com/newsglobe/article.asp?HH_ID=3DAR_2063

BLOGS NOW HAVE A WORLD OF INFLUENCE
[SOURCE: The Christian Science Monitor, AUTHOR: Tom Regan]
[Commentary] Blogs have developed in the past few=20
years into a cultural force. A study done for=20
Jupiter Research says that blogs have a=20
"disproportionately large influence" on society.=20
The reason? It's not how many people read a blog,=20
it's who reads it. The Jupiter study, which=20
focused on blog use in Europe, found that while=20
"active users" of the Internet make up a small=20
portion of overall Internet users, they were=20
starting to dominate public discussions and even=20
have an impact on people's buying habits. AOL=20
Music, for example, recognizing that blogs can=20
make or break a music artist, is letting bloggers=20
use its music charts and information for free.=20
Using RSS feeds, a music fan's blog can now offer=20
readers the latest music trends and news, helping=20
them (and AOL Music) sell more music. "We're=20
seeing this growing," Julian Smith, an online=20
advertising analyst with Jupiter Research and=20
author of the report, told the Guardian newspaper=20
in London. "The strongest part of their influence=20
is on the media: If something online suddenly=20
becomes a story in the local press, then it=20
matters." Mr. Smith added that while media=20
organizations who follow blogs should not=20
overestimate the power blogs have, it's hard to=20
ignore the impact they have on public discussion.
http://www.csmonitor.com/2006/0517/p14s01-cogn.html

ICANN APPROVES .TEL DOMAIN
[SOURCE: C-Net|News.com, AUTHOR: Ingrid Marson]
The Internet Corporation for Assigned Names and=20
Numbers (ICANN) has approved the creation of the=20
.tel domain. The idea is for people to use .tel=20
as a way of communicating directly with the=20
person or company behind a particular Web site,=20
using technologies such as voice over Internet=20
Protocol, e-mail or Short Message Service (SMS).
http://news.com.com/ICANN+approves+.tel+domain/2100-1033_3-6072888.html?...
=3Dhtml.alert

IN FIGHT AGAINST SPAM E-MAIL; GOLIATH WINS AGAIN
[SOURCE: Washington Post, AUTHOR: Brian Krebs]
Eran Reshef had an idea in the battle against=20
spam e-mail that seemed to be working: he fought=20
spam with spam. Today, he'll give up the fight.=20
Reshef's Silicon Valley company, Blue Security=20
Inc., simply asked the spammers to stop sending=20
junk e-mail to his clients. But because those=20
sort of requests tend to be ignored, Blue=20
Security took them to a new level: it bombarded=20
the spammers with requests from all 522,000 of=20
its customers at the same time. That led to a=20
flood of Internet traffic so heavy that it=20
disrupted the spammers' ability to send e-mails=20
to other victims -- a crippling effect that=20
caused a handful of known spammers to comply with=20
the requests. Then, earlier this month, a=20
Russia-based spammer counterattacked, Reshef=20
said. Using tens of thousands of hijacked=20
computers, the spammer flooded Blue Security with=20
so much Internet traffic that it blocked=20
legitimate visitors from going to=20
Bluesecurity.com, as well as to other Web sites.=20
The spammer also sent another message: Cease=20
operations or Blue Security customers will soon=20
find themselves targeted with virus-filled=20
attacks. Today, Reshef will wave a virtual white=20
flag and surrender. The company will shut down=20
this morning and its Web site will display a=20
message informing its customers about the closure.
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/16/AR200605...
1873.html
(requires registration)
--------------------------------------------------------------
Communications-related Headlines is a free online=20
news summary service provided by the Benton=20
Foundation (www.benton.org). Posted Monday=20
through Friday, this service provides updates on=20
important industry developments, policy issues,=20
and other related news events. While the=20
summaries are factually accurate, their often=20
informal tone does not always represent the tone=20
of the original articles. Headlines are compiled=20
by Kevin Taglang headlines( at )benton.org -- we welcome your comments.
--------------------------------------------------------------