November 2006

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

POST-ELECTION AGENDA
Hopes for the lame ducks
Tech asks departing Republicans for favors
Democrats Say Oversight Is Overdue
Don't reconfirm FCC Chairman Martin
Congress should hold hearings on Universal Service
Judiciary Eyes Sports Carriage
Barton: NAB=92s Rehr Wrong About Dingell

INTERNET/BROADBAND
With a Dish, Broadband Goes Rural
Study finds Web isn't teeming with sex

MEDIA OWNERSHIP
Clear Channel Buyout Talks Fuel Concern of Management Conflicts
Times' new editor puts focus on paper's future

QUICKLY -- Groups Claim More Unidentified VNRs;=20
Advertisers Unveiling 'Tougher' Kids Ad=20
Guidelines; FCC Renews License of KSPR;=20
Collaborative Grants in Media and Communications;=20
Media Diversity and Localism: Meaning and=20
Metrics; Political Adman Scores Big for New York=20
Democrats; Cable's cellphone service gets in=20
gear; Coming Soon via Your TiVo: Internet Video on Television

POST-ELECTION AGENDA

HOPES FOR THE LAME DUCKS
[SOURCE: Los Angeles Times, AUTHOR: Editorial Staff]
[Cmmentary] There is bipartisan support for a=20
postelection session in which Congress catches up=20
on unfinished appropriations and completes work=20
on sensible initiatives such as tax credits for=20
research and development. And both parties seem=20
eager to usher in a new era at the Pentagon =97 and=20
in Iraq policy =97 by holding confirmation hearings=20
this year for Robert M. Gates, President Bush's=20
nominee to replace Secretary of Defense Donald H.=20
Rumsfeld. But divisive matters that can be left=20
until next year should be left until next year.=20
The best candidate for "wait till next year"=20
treatment is the effort to legalize the National=20
Security Agency's warrantless eavesdropping on=20
Americans suspected of contacts with foreign=20
terrorists. The House-approved bill essentially=20
rubber-stamps the program while requiring=20
notification of Congress. But the Senate has yet=20
to decide among three bills, all of which=20
(believe it or not) were approved by the=20
Judiciary Committee. The NSA is continuing its=20
surveillance while the administration appeals a=20
federal judge's finding that the program is=20
unconstitutional. So there is no reason for this=20
Congress to rush to judgment on a controversial=20
issue better left to the Congress elected on Nov. 7.
http://www.latimes.com/news/printedition/opinion/la-ed-lameduck14nov14,1...
98430.story?coll=3Dla-news-comment
(requires registration)

TECH ASKS DEPARTING REPUBLICANS FOR FAVORS
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
As Republican politicians return this week to=20
Washington for the waning days of their rule of=20
Capitol Hill, technology lobbyists are=20
frantically pressing for last-minute legislation=20
before Democrats take over next year. At issue=20
are proposals including renewing a popular tax=20
credit for research and development expenses and=20
expanding the number of H1-B visas, which are=20
temporary visas designed for skilled foreign=20
workers. Many spending bills to fund the federal=20
government through the next year have yet to be=20
considered, and the final versions could include=20
antipiracy measures and Web censorship=20
requirements. If history is any indication,=20
congressional lame-duck sessions can result in an=20
impasse, particularly when power shifts are=20
imminent. Politicians from the incoming majority=20
party have a strong incentive to block=20
legislation they don't care for, and political=20
disputes often flare up. If spending bills are=20
unfinished, that leaves the fallback approach:=20
passing a "continuing resolution," which keeps=20
the federal government operating for a few more=20
weeks and postpones debate until the new Congress=20
convenes in January. Another open question is how=20
long the current lame-duck Congress will stay in=20
town before adjourning permanently. The Senate=20
plans to be in session this week, adjourn for the=20
last two weeks of November, and return on=20
December 4 for an indefinite time period, but its=20
precise agenda during that time has not been set.
http://news.com.com/Tech+asks+departing+Republicans+for+favors/2100-1028...
6135187.html?tag=3Dnefd.lede

DEMOCRATS SAY OVERSIGHT IS OVERDUE
[SOURCE: Washington Post, AUTHOR: Cindy Skrzycki cskrzycki( at )bloomberg.net]
The rulemaking agenda in Washington is about to=20
change. Business, labor and public interest=20
groups agree that the incoming Democratic House=20
and Senate will conduct robust oversight of=20
federal agencies and their regulatory output and=20
policies. Business lobbyists have been powerful=20
players with the Congress and the White House=20
under Republican control the past six years. The=20
emphasis was on minimal regulation, easy access=20
to federal rulemakers, many of whom came from=20
industry, and almost no congressional oversight.=20
"I can't be happier," said Gary Bass, executive=20
director of OMB Watch, a nonprofit group in=20
Washington that monitors regulatory policy. "The=20
public wins. Some of these political appointees=20
are going to have to learn what oversight is."=20
Rep. John D. Dingell (D-MI) is set to return as=20
chairman of the Commerce Committee, which has=20
jurisdiction over consumer protection,=20
telecommunications, air quality, energy, and food=20
and drug safety. Rep Dingell has a reputation for=20
relentless investigation, and his "Dingellgrams"=20
-- requests for exhaustive paperwork from federal=20
agencies and witnesses -- are remembered and=20
feared in Washington. "When you are battered up=20
there, it does affect your direction," recalled=20
James Tozzi, who made frequent appearances before=20
Rep Dingell when he was in leadership positions=20
at the Office of Management and Budget's=20
regulatory-review office. "It was an unpleasant but fair exercise."
http://www.washingtonpost.com/wp-dyn/content/article/2006/11/13/AR200611...
1291.html
(requires registration)

DON'T RECONFIRM FCC CHAIRMAN MARTIN
[SOURCE: David Isenberg's Blog]
[Commentary] My top suggestion for 2007=20
Congressional action is... fire FCC Chairman=20
Kevin Martin! Martin favors a) big telecom=20
mergers without conditions, b) weakened common=20
carrier obligations for Internet access=20
providers, and c) expanded FCC regulation of=20
speech on the Internet. He has implemented major=20
regulatory barriers to new ISPs and VOIP=20
providers (e.g., CALEA, E911-on-VOIP). He's=20
evidenced no personal enthusiasm for any of the=20
new communications technology. He has weakened=20
the FCC by purging its most knowledgeable bureau=20
chiefs and replacing them with political=20
fellow-travelers. And he has stalled initiatives=20
to open new spectrum for unlicensed uses, stalled=20
FCC rethinking of spectrum re-regulation,=20
threatened to put obstacles in the way of TV's=20
Digital Transition, and failed to champion=20
innovative technology except for telco video.=20
Congressional leadership -- Reps Dingell,=20
Boucher, & Markey and Sens Inouye, Leahy, & Wyden=20
and the congressional netheads of both parties --=20
should give the President a short list of=20
candidates for FCC Chair who believe in=20
competition based on marketplace merit (over=20
incumbency and size), who appreciate the=20
transformative power of disruptive technology,=20
and who want the United States once again to lead=20
the world in Internet development. A few=20
plausible (necessarily Republican) candidates=20
like this should be findable. One should be nominated and confirmed.
http://isen.com/blog/2006/11/dont-reconfirm-fcc-chairman-martin.html

CONGRESS SHOULD HOLD HEARINGS ON UNIVERSAL SERVICE
[SOURCE: David Isenberg's Blog]
[Commentary] In the best case, Universal Service=20
is corporate welfare that supports older, less=20
relevant telco services. In a more Reality-Based=20
view, Universal Service has become an=20
ineffective, corrupt slush fund for the minions=20
of a dying industry. By the end of January,=20
Congress should subpoena the principals of the=20
Universal Service Administrative Company and the=20
heads of the remaining telcos to explain=20
themselves. Then they should hear from a=20
representative sample of people who actually=20
could use affordable Internet access (and other)=20
services. They should question them all until the=20
truth comes out. Then they should act.
http://isen.com/blog/2006/11/congress-should-hold-hearings-on.html

JUDICIARY EYES SPORTS CARRIAGE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Senate Judiciary Committee has scheduled a=20
hearing Tuesday on "Competition in Sports=20
Programming and Broadcasting: Are Consumers=20
Winning." Tentative witnesses include Jeffrey=20
Pash, executive VP and general counsel, National=20
Football League; Landell Hobbs, COO, Time Warner;=20
Daniel Fawcett, Executive VP, business and legal=20
affairs and programming acquisition, for DirecTV;=20
and Roger Noll, an economics professor from Stanford.
http://www.broadcastingcable.com/article/CA6390592.html?title=3DArticle&...
cedesc=3Dnews
* See Hearing notice at http://judiciary.senate.gov/hearing.cfm?id=3D2440
* Senate Panel Calls Hearing on DirecTV's Sunday Ticket Package
http://www.tvweek.com/news.cms?newsId=3D11050

BARTON: NAB'S REHR WRONG ABOUT DINGELL
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
House Commerce Committee Chairman Joe Barton=20
(R-Texas) said Monday that the leader of the=20
National Association of Broadcasters was=20
incorrect to conclude that owners of TV and radio=20
stations would get a better shake under incoming=20
Democratic committee leadership. =93I think Mr.=20
Dingell, frankly, is an improvement for us over=20
Mr. Barton,=94 Rehr said, calling Chairman Barton=20
=93a cable guy.=94 If he really said that, bless his=20
heart, he=92s wrong,=94 Rep Barton said. He is in a=20
race for House Minority Leader. The election is=20
Friday. If he loses, Rep Barton said he would=20
like to be the top Republican on the Commerce=20
Committee. However, he has promised to cede that=20
position to soon-to-be-former House Speaker=20
Dennis Hastert (R-IL), who won't be a candidate for a party leadership post.
http://www.multichannel.com/article/CA6390755.html?display=3DBreaking+News

INTERNET/BROADBAND

WITH A DISH, BROADBAND GOES RURAL
[SOURCE: New York Times, AUTHOR: Ken Belson]
WildBlue and its chief rivals =97 Hughes Network=20
Systems, which markets under the name HughesNet,=20
and Spacenet, which sells the StarBand service =97=20
are filling one of the biggest gaps in the=20
country=92s digital infrastructure. Roughly 15=20
million households cannot get broadband from=20
their phone or cable provider because the=20
companies have been slow to expand their=20
high-speed networks in areas where there are not=20
enough customers to generate what they regard as=20
an adequate profit. There are some drawbacks to=20
the satellite approach that make it unlikely to=20
be a serious rival to more common broadband=20
options. WildBlue=92s cheapest service costs $50 a=20
month, about twice Verizon=92s introductory offer,=20
and the dish costs several hundred dollars. Heavy=20
rain sometimes interrupts the signal and knocks=20
out service, and small delays are common as=20
signals beam to and from a satellite orbiting=20
24,000 miles above the earth. But alternative=20
technologies, like wide-area wireless services=20
and access over power lines, are still in their=20
infancy. And demand for broadband in rural areas=20
is as strong if not stronger than in suburbs and=20
cities. Broadband is essential to=20
distance-learning programs, health clinics that=20
communicate with bigger hospitals and farmers who=20
rely on the latest market and weather data.=20
Second-home owners and resorts are potential customers, too.
http://www.nytimes.com/2006/11/14/technology/14satellite.html
(requires registration)

STUDY FINDS WEB ISN'T TEAMING WITH SEX
[SOURCE: San Jose Mercury News, AUTHOR: Elise Ackerman]
A confidential analysis of Internet search=20
queries and a random sample of Web pages taken=20
from Google and Microsoft's giant Internet=20
indexes showed that only about 1 percent of all=20
Web pages contain sexually explicit material. The=20
analysis was presented in a federal court hearing=20
last week in Philadelphia in a suit brought by=20
the American Civil Liberties Union against U.S.=20
Attorney General Alberto Gonzales. The ACLU said=20
the analysis, by Philip B. Stark, a professor of=20
statistics at the University of=20
California-Berkeley, did not appear to=20
substantially help the Justice Department in its=20
effort to prove that criminal penalties are=20
necessary to protect minors from exposure to=20
sexually explicit information on the Internet.=20
The Justice Department had commissioned the study=20
as part of an effort to resurrect the Children's=20
Online Protection Act, which was signed by=20
President Clinton in 1998, but was immediately challenged by the ACLU.
http://www.mercurynews.com/mld/mercurynews/business/technology/16007733.htm

MEDIA OWNERSHIP

CLEAR CHANNEL BUYOUT TALKS FUEL CONCERN OF MANAGEMENT CONFLICTS
[SOURCE: Wall Street Journal, AUTHOR: Sarah=20
McBride sarah.mcbride( at )wsj.com and Dennis K. Berman]
At Clear Channel, the nation's largest holder of=20
radio stations, the board is weighing two bids=20
that could lead to a buyout valued at nearly $18=20
billion, plus the assumption of $8 billion in=20
debt. Among those who have participated in some=20
of the boardroom deliberations on the potential=20
deal are Clear Channel Chairman Lowry Mays, Chief=20
Executive Mark Mays and President and Chief=20
Financial Officer Randall Mays, all members of=20
the company's founding family. Clear Channel has=20
conducted a lightning-fast auction that has=20
produced bids from two groups of private-equity=20
investors, both of which are willing to keep Mark=20
Mays, 43 years old, and Randall Mays, 41, in=20
senior management, say people familiar with the=20
matter. Wall Street bankers expect any deal also=20
will allow 71-year-old Lowry Mays, the family=20
patriarch, to cash out and leave the company. The=20
situation at Clear Channel and at other companies=20
that have pursued such deals has fed a growing=20
concern: that corporate executives may be pushing=20
for transactions that are ideal for themselves=20
but might not be optimum for other shareholders.=20
A primary issue would be whether the company=20
adequately considered proposals from bidding=20
groups less friendly to the Mays family. Another=20
key question: Whether the board seriously=20
considered a break-up plan that, at least=20
according to some observers, could fetch more=20
money than if the company were sold in one piece.
http://online.wsj.com/article/SB116347880806022492.html?mod=3Dtodays_us_...
e_one
(requires subscription)

TIMES' NEW EDITOR PUTS FOCUS ON PAPER'S FUTURE
[SOURCE: Los Angeles Times, AUTHOR: James Rainey]
On his first day as editor of the Los Angeles=20
Times, James E. O'Shea pledged to the newspaper's=20
staff Monday that he would fight to ensure that=20
"this paper will remain a major force in American=20
journalism." The former Chicago Tribune managing=20
editor acknowledged that he was stepping into a=20
difficult situation =97 following popular Editor=20
Dean Baquet, who was ousted last week after=20
battling staff cuts proposed by Tribune Co., The=20
Times' Chicago-based corporate parent. O'Shea=20
asked about 200 journalists who gathered to hear=20
him speak Monday afternoon in The Times newsroom=20
to give him a chance and not view him as "the=20
hatchet man from Chicago." The veteran=20
journalist, who spent most of his career at the=20
Chicago Tribune, paid tribute to his predecessor=20
and to his new newspaper =97 threatened like many=20
other big-city dailies by pressure from the Internet and other new media.
http://www.latimes.com/business/printedition/la-fi-oshea14nov14,1,748180...
tory?coll=3Dla-headlines-pe-business
(requires registration)

QUICKLY

GROUPS CLAIM MORE UNIDENTIFIED VNRs
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Free Press and the Center For Media & Democracy=20
say they have found 46 more stations airing=20
unidentified video news releases. The groups last=20
spring released a much-publicized accounting of=20
77 stations they identified as airing=20
unidentified corporate video news releases -- it=20
prompted the FCC to gather info from the targeted stations.
http://www.broadcastingcable.com/article/CA6390599.html?title=3DArticle&...
cedesc=3Dnews

ADVERTISERS UNVEILING 'TOUGHER' KIDS AD GUIDELINES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
At a press conference scheduled for today, the=20
Council of Better Business Bureau's (BBB)=20
National Advertising Review Unit will announce=20
what it says are stronger guidelines to=20
advertisers about how they should market their products to children.
http://www.broadcastingcable.com/article/CA6390753.html?title=3DArticle&...
cedesc=3Dnews

FCC RENEWS LICENSE OF KSPR(TV)
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The FCC has granted the license renewal for=20
KSPR(TV) Springfield (MO), but not without=20
admonishing licensee Piedmont Television of=20
Springfield. The admonishment, which is a=20
reprimand in the official record, was for failure=20
to maintain complete records on its children's TV=20
offerings. As part of its renewal application,=20
the station volunteered that it had inadvertently=20
failed to put its kids TV reports in its public=20
folder for the first quarters of 2000 and 2002,=20
though they were filed with the FCC. The=20
Commission concluded that the violation was not=20
serious and an isolated occurrence.
http://www.broadcastingcable.com/article/CA6390642.html?title=3DArticle&...
cedesc=3Dnews

COLLABORATIVE GRANTS IN MEDIA AND COMMUNICATIONS
[SOURCE: Social Science Research Council]
The SSRC is pleased to launch its next round of=20
its small grants project for academic-advocacy=20
collaboration in the media and communications=20
field. This round will provide grants of up to=20
$7,500 for research that supports efforts to=20
change the media / telecommunications=20
infrastructure, practices, policies or content.=20
The grants are intended for short-term work,=20
completable and usable by advocacy partners=20
within the next 4-12 months. Proposals for this=20
round must be submitted by December 4, 2006 by=20
5PM EST in order to be eligible for funding.=20
Grant recipients will be announced on December=20
20, 2006. Please submit proposals via email to mediahub( at )ssrc.org
http://www.ssrc.org/programs/media/publications/SmallGrantsCFP11_06.pdf

MEDIA DIVERSITY AND LOCALISM: MEANING AND METRICS
[SOURCE: McGannon Center Fordham University, EDITOR: Philip M. Napoli]
Questions concerning the quality of media=20
performance and the effectiveness of media=20
policymaking often revolve around the extent to=20
which the media system fulfills the values=20
inherent in the diversity and localism=20
principles. This edited volume addresses=20
challenges and issues relating to diversity and=20
localism policy in contemporary media markets.=20
Published by Lawrence Erlbaum Associates and=20
edited by McGannon Center Director Philip M.=20
Napoli, Media Diversity and Localism is the=20
outgrowth of a recent McGannon Center conference=20
held at Fordham University and funded by the Ford=20
Foundation's Electronic Media Policy Portfolio.=20
The book collects selected papers from this=20
conference, all of which address the principles=20
of diversity and localism and their role in=20
communications policy from either a conceptual or=20
empirical perspective. Contributors to the volume=20
span a wide range of academic disciplines,=20
including law, political science, sociology,=20
communications, and economics. Media Diversity=20
and Localism explores the following topics: media=20
ownership and media diversity and localism;=20
conceptual and methodological issues in assessing=20
media diversity and localism; minorities, media,=20
and diversity; and contextualizing media=20
diversity and localism: audience behavior and new technologies.
http://www.fordham.edu/academics/office_of_research/research_centers__in...
nald_mcgannon_comm/new_book_announcemen_24052.asp

POLITICAL ADMAN SCORES BIG FOR NEW YORK DEMOCRATS
[SOURCE: New York Times, AUTHOR: Patrick Healy]
A look at Jimmy Siegel, a former Madison Avenue=20
creative director who managed the ad campaign for=20
New York state Democrats including Eliot=20
Spitzer, Andrew M. Cuomo, Kirsten Gillibrand and=20
Andrea Stewart-Cousins. He is now hoping to jump=20
to the national stage with a presidential=20
candidate and with ads about issues like stem cell research.
http://www.nytimes.com/2006/11/14/nyregion/14siegel.html
(requires registration)

CABLE'S CELLPHONE SERVICE GETS IN GEAR
[SOURCE: USAToday, AUTHOR: Leslie Cauley]
More than one year after announcing plans to jump=20
into the cellphone game, the USA's biggest cable=20
TV operators, in partnership with Sprint, finally=20
are starting to launch service. Comcast, the No.=20
1 cable TV operator, later this month will add=20
wireless to its offerings in Boston and Portland,=20
Ore., says Sprint CEO Gary Forsee. No. 2 Time=20
Warner, at about the same time, will add it in=20
Austin and Raleigh, N.C. Cable companies believe=20
they need to add cellphones to their=20
TV-Internet-home phone bundles. AT&T and Verizon,=20
which own huge cellphone operations, are adding=20
TV to their service bundles, putting pressure on=20
cable operators to keep pace. Hoping to drive=20
bundle sales, cable companies will require=20
customers to buy at least one other service, such=20
as broadband or video, before they can sign up for wireless.
http://www.usatoday.com/printedition/money/20061114/1b_cablephone14.art.htm

COMING SOON VIA YOUR TIVO: INTERNET VIDEO ON TELEVISION
[SOURCE: New York Times, AUTHOR: Saul Hansell]
TiVo plans to introduce features that will allow=20
people to use its digital video recorders to=20
watch some video programming from the Internet on=20
their televisions. Until now, TiVo has not been=20
able to tap into the explosion of Web video =97=20
clips uploaded by amateurs and, increasingly,=20
professional segments made for the Internet. The=20
new features, which are set to be announced today=20
and introduced early next year, are intended to change that.
http://www.nytimes.com/2006/11/14/technology/14tivo.html
(requires registration)
* TiVo rolls out a new menu of high-tech services
http://www.usatoday.com/printedition/money/20061114/1b_tivo14.art.htm
--------------------------------------------------------------
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.
--------------------------------------------------------------