November 2006

If Democrats control Congress, then what? Don't ask the media.

IF DEMOCRATS CONTROL CONGRESS, THEN WHAT? DON'T ASK THE MEDIA
[SOURCE: The Christian Science Monitor, AUTHOR: Dante Chinni, Pew Project for Excellence in Journalism]
[Commentary] If you have been anywhere near a TV or newspaper in the past month or so you know two things about Tuesday: 1) Democrats may win enough seats to take control of the House and Senate and 2) the reason is the war in Iraq. The problem with the media coverage in 2006 has been the lack of context concerning what those changes -- if they actually happen -- would really mean.

Gannett To Change Its Papers' Approach

GANNETT TO CHANGE ITS PAPERS' APPROACH
[SOURCE: Washington Post, AUTHOR: Frank Ahrens]

Rep. Waters Opposes Tribune’s Request for Permanent Cross-Ownership Waiver

REP MAXINE WATERS OPPOSES TRIBUNE'S REQUEST FOR PERMANENT CROSS-OWNERSHIP WAIVER
[SOURCE: U.S. Rep. Maxine Waters press release]

Broadcasters Boost Democrat Dollars

BROADCASTERS BOOST DEMOCRAT DOLLARS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]

Repeat Calls Spur a Debate Over Tactics

REPEAT CALLS SPUR A DEBATE OVER TACTICS
[SOURCE: New York Times, AUTHOR: Christopher Dew & Carl Hulse]

Comcast Is Said to Agree to Carry Fox’s Planned Business News Channel

COMCAST IS SAID TO AGREE TO CARRY FOX'S PLANNED BUSINESS NEWS CHANNEL
[SOURCE: New York Times, AUTHOR: Richard Siklos]

Internet Rights Charter

INTERNET RIGHTS CHARTER
[SOURCE: Association for Progressive Communications]
The Association for Progressive Communications has revised its along seven themes: Internet access for all; Freedom of expression and association; Access to knowledge; Shared learning and creation - free and open source software and technology development; Privacy, surveillance and encryption; Governance of the Internet; Awareness, protection and realization of rights
http://rights.apc.org/charter.shtml

Split Decision On FCC Profanity Review

SPLIT DECISION ON FCC PROFANITY REVIEW
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]

Benton's Communications-related Headlines For Election Day 2006

** Please remember to vote. And if you've already=20
voted, remember to do so again on the way home. **

MEDIA & ELECTIONS
If Democrats control Congress, then what? Don't ask the media.
Repeat Calls Spur a Debate Over Tactics
Broadcasters Boost Democrat Dollars

OWNERSHIP
AT&T and BellSouth: Why You Should Care
Rep. Waters Opposes Tribune=92s Request=20
for Permanent Cross-Ownership Waiver
MAP Asks Court To Overturn News Corp. Waivers
Comcast Is Said to Agree to Carry Fox=92s Planned Business News Ch=
annel

INTERNET/BROADBAND
FTC chief Warns against 'Unnecessary' Net Rules
Internet Rights Charter
Gannett To Change Its Papers' Approach

INDECENCY REGULATION
Split Decision On FCC Profanity Review

MEDIA & ELECTIONS

IF DEMOCRATS CONTROL CONGRESS, THEN WHAT? DON'T ASK THE MEDIA
[SOURCE: The Christian Science Monitor, AUTHOR:=20
Dante Chinni, Pew Project for Excellence in Journalism]
[Commentary] If you have been anywhere near a TV=20
or newspaper in the past month or so you know two=20
things about Tuesday: 1) Democrats may win enough=20
seats to take control of the House and Senate and=20
2) the reason is the war in Iraq. The problem=20
with the media coverage in 2006 has been the lack=20
of context concerning what those changes -- if=20
they actually happen -- would really mean.
http://www.csmonitor.com/2006/1107/p09s01-codc.html

REPEAT CALLS SPUR A DEBATE OVER TACTICS
[SOURCE: New York Times, AUTHOR: Christopher Dew & Carl Hulse]
Telephone calls are part of a telephone blitz=20
that the Republican Party has unleashed in=20
several dozen races that are likely to determine=20
control of the House in Tuesday=92s elections. And=20
these repeat, automated calls to the same homes=20
have set off a new furor over campaign tactics,=20
with the Democrats claiming the calls violate=20
federal communications rules and are tantamount=20
to harassment. Democrats say they have been=20
flooded with complaints from irritated voters who=20
think that the calls are coming from the=20
candidates themselves. Many of the voters had=20
hung up before the message was over, and never=20
heard that it was produced by the Republican=20
Party. Democratic leaders contend that the=20
messages violate federal rules that require=20
groups making automated calls to identify=20
themselves at the outset. And the National=20
Republican Congressional Committee, which has=20
financed the calls, agreed on Sunday to quit=20
making some of them in New Hampshire, where a=20
state law limits who can receive computerized phone messages.
http://www.nytimes.com/2006/11/07/us/politics/07robo.html
(requires registration)

BROADCASTERS BOOST DEMOCRAT DOLLARS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The National Association of Broadcasters has=20
moved a greater percentage of its political=20
action committee (PAC) money from Republican to=20
Democratic candidates in the run-up to an=20
election where the Democrats are expected to make=20
major gains. The 2006 election cycle split is 55%=20
Republican to 45% Democrat compared to a 64% to=20
36% split in 2004 and 2002. The divide was even=20
greater -- 69% to 31% -- in 2000. That does not=20
include individual earmarked contributions by NAB=20
members to particular candidates, which NAB does=20
not control. NAB President David Rehr suggested=20
the money was being spent not to push a party,=20
but to "aid members who are close to local=20
broadcasters and state associations executives,=20
or those who have advanced the interests of broadcasters."
http://www.broadcastingcable.com/article/CA6388812.html?display=3DBreaki...
News

OWNERSHIP

AT&T AND BELLSOUTH: WHY YOU SHOULD CARE
[SOURCE: C-Net|News.com, AUTHOR: Marguerite Reardon]
Watchdog groups believe the outcome of a quiet=20
political battle over which restrictions to=20
impose on the AT&T and BellSouth merger will=20
affect consumers for years to come. When the AT&T=20
monopoly was broken up in 1984 by antitrust=20
regulators, it was divided into seven Bell=20
operating companies. After this merger, there=20
will be three companies. The new AT&T will become=20
the nation's dominant phone company, controlling=20
more than half the telephone and Internet access=20
lines in the U.S. In many ways, the new AT&T will=20
be even stronger than the old Ma Bell because=20
today's company competes in many more markets,=20
including business and consumer data services and=20
paid television. And therein lies the problem. A=20
supersize AT&T, some worry, could have the=20
ability to jack up wholesale line-leasing rates=20
it charges to smaller carriers--a cost that would=20
ultimately be passed on to consumers. "When you=20
create an entity that is this large, it makes=20
future competition impossible," said Mark Cooper,=20
research director for the Consumer Federation of America.
http://news.com.com/ATT+and+BellSouth+Why+you+should+care/2100-1036_3-61...
58.html?tag=3Dnefd.lede

REP MAXINE WATERS OPPOSES TRIBUNE'S REQUEST FOR=20
PERMANENT CROSS-OWNERSHIP WAIVER
[SOURCE: U.S. Rep. Maxine Waters press release]
U.S. Representative Maxine Waters (D-CA) filed a=20
petition November 1 asking the Federal=20
Communications Commission to deny the Tribune=20
Company=92s request for a waiver of the=20
cross-ownership rule and its request to renew the=20
broadcast license for KTLA-TV (Channel 5). The=20
cross-ownership rule was put in place, in part,=20
to prevent the domination of local media markets=20
by major corporations. In the Los Angeles=20
Designated Media Area (DMA), which is second only=20
to New York City, the Tribune Company owns both=20
KTLA-TV and the Los Angeles Times. By its own=20
calculations, the Tribune Company has the ability=20
to influence the news and information received by=20
52 percent of the 12.8 million people that=20
officially comprise the Los Angeles DMA. =93The=20
Tribune Company is clearly in violation of rules=20
that were established to increase diversity and=20
to prevent the creation of an over-concentrated=20
media market,=94 said Rep. Waters. =93The FCC has an=20
obligation to deny Tribune=92s request for a waiver=20
because it would allow the company to continue to=20
operate in violation of the law =96 and establish a=20
very bad precedent.=94 In her petition, Rep.=20
Waters points to the fact that The Los Angeles=20
Times=92 daily circulation is larger than the next=20
five largest local newspapers combined and that=20
its Sunday circulation eclipses the next 10=20
largest local papers combined. According to its=20
own website, =93The Los Angeles Times is the only=20
newspaper in the West with the resources and=20
commitment to cover important stories wherever=20
they happen. Its network of 23 foreign, 10=20
national, four state and eight regional bureaus=20
is one of the most formidable news-gathering=20
operations in the world =97 and the largest in California.=94
http://www.house.gov/apps/list/press/ca35_waters/PR061102_fccpetition.html
* Read the petition at=20
http://www.house.gov/apps/list/hearing/ca35_waters/CS061101_fcc.htmlhttp:=
//www.house.gov/apps/list/hearing/ca35_waters/CS061101_fcc.html

MAP ASKS COURT TO OVERTURN NEWS CORP WAIVERS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Media Access Project (MAP) has appealed the=20
FCC's decision to allow News Corp. to continue to=20
own WNYW(TV) New York and The New York Post. On=20
October 6th, the Commission gave News Corp. a=20
permanent waiver of its newspaper/broadcast=20
cross-ownership rule for the station in the=20
nation's top market. They also gave a temporary=20
waiver of 24 months to continue to own WWOR-TV=20
Secaucus, N.J., and The Post. MAP argues that the=20
Commission 1) "erroneously represented" that the=20
Fox waiver was unopposed; 2) "failed to provide=20
public notice of Fox's request for a waiver...or=20
seek public comment; and 3) failed to explain its=20
change of position since a 2001 decision=20
rejecting a similar waiver request and requiring=20
Fox to come into compliance with the newspaper/broadcast crossownership ban.
http://www.broadcastingcable.com/article/CA6388796.html?display=3DBreaki...
News

COMCAST IS SAID TO AGREE TO CARRY FOX'S PLANNED BUSINESS NEWS CHANNEL
[SOURCE: New York Times, AUTHOR: Richard Siklos]
A business news cable channel planned by Rupert=20
Murdoch=92s News Corporation has moved a step=20
closer to reality, reaching a deal to be carried=20
by Comcast, the nation=92s largest operator of=20
cable television systems. While Comcast has=20
agreed to carry the channel for its digital=20
subscribers, a final decision on whether to start=20
the channel has still not been made, two=20
executives briefed on the arrangement said. The=20
new network would be spun off from the Fox News=20
Channel. Comcast=92s roughly 12 million digital=20
subscribers would get the channel as part of=20
their service. Those subscribers, combined with=20
the 15.5 million subscribers to DirecTV, the=20
satellite service controlled by the News=20
Corporation, give the channel a substantial=20
platform of as many as 27.5 million subscribers.
http://www.nytimes.com/2006/11/07/business/media/07fox.html
(requires registration)

INTERNET/BROADBAND

FTC CHIEF WARNS AGAINST 'UNNECESSARY' NET RULES
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
On Monday, Federal Trade Commission Chairman=20
Deborah Platt Majoras voiced reluctance toward=20
adopting consumer protection laws that target=20
technological concerns du jour, saying the=20
"collective voice" of consumers often prompts=20
change. She prefers relying on a combination of=20
existing laws, vigorous competition and user=20
pressure to address complaints about new products=20
or potentially worrisome uses of technology. "On=20
the Internet, consumers appear to reign supreme,=20
and they can be very powerful and tough=20
customers," Chairman Majoras told an audience of=20
about 300 people in a speech that kicked off a=20
series of public hearings hosted by the FTC.=20
Dubbed "Protecting Consumers in the Next=20
Tech-ade," the three-day event is billed by the=20
agency as a counterpart to global=20
consumer-protection hearings held in 1995. This=20
week's lineup is scheduled to include panelists=20
predicting how topics like communication, social=20
networking, advertising, computing power and=20
security will change over the next 10 years.=20
Despite the vast differences in technology use=20
between 1995 and today, existing laws that cover=20
"unfair and deceptive practices" have proven=20
elastic enough in many cases for Internet Age=20
adaptations, Chairman Majoras said.
http://news.com.com/FTC+chief+warns+against+unnecessary+Net+regulations/...
0-1028_3-6132772.html?tag=3Dhtml.alert
* See the Tech-ade agenda at=20
http://www.ftc.gov/bcp/workshops/techade/agenda.html

INTERNET RIGHTS CHARTER
[SOURCE: Association for Progressive Communications]
The Association for Progressive Communications=20
has revised its Internet Rights Charter along=20
seven themes: Internet access for all; Freedom of=20
expression and association; Access to knowledge;=20
Shared learning and creation - free and open=20
source software and technology development;=20
Privacy, surveillance and encryption; Governance=20
of the Internet; Awareness, protection and realization of rights
http://rights.apc.org/charter.shtml

GANNETT TO CHANGE ITS PAPERS' APPROACH
[SOURCE: Washington Post, AUTHOR: Frank Ahrens]
Gannett, the nation's largest newspaper chain, is=20
radically changing the way its papers gather and=20
present news by incorporating elements of=20
reader-created "citizen journalism," mining=20
online community discussions for stories and=20
creating Internet databases of calendar listings=20
and other non-news utilities. The company has 90=20
newspapers, including USA Today, the nation's=20
largest. Like all major newspaper firms, Gannett=20
has watched circulation and advertising revenue=20
slide over the past decade, as readers turn to=20
television and the Internet for news and=20
information. Gannett is attempting to grab some=20
of the Internet mojo of blogs, community e-mail=20
groups and other ground-up news sources to bring=20
back readers and fundamentally change the idea of=20
what newspapers have been for more than a=20
century. The attempt to involve readers in=20
news-gathering is part of a larger plan that also=20
calls for Gannett to merge its newspaper and=20
online operations into single units to speed=20
delivery of news and improve its offerings to advertisers.
http://www.washingtonpost.com/wp-dyn/content/article/2006/11/06/AR200611...
1142.html
(requires registration)
* Gannett Editors React to Corporate Convergence Directive
Gannett's plan to shift all of its newspapers to=20
24-hour converged newsrooms has prompted=20
predictions of everything from smaller print=20
papers to more Pulitzer Prize notice among=20
editors at some of the 89 dailies the company=20
owns. Editors of the chain's papers welcomed the=20
approach, saying it was time for every newspaper to use the Web more.
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...
t_id=3D1003352808

INDECENCY REGULATION

SPLIT DECISION ON FCC PROFANITY REVIEW
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The FCC has upheld profanity findings against Fox=20
for two Billboard Music Award broadcasts, while=20
dismissing ones against CBS' Early Show on the=20
grounds its fleeting expletive was not profane or=20
indecent, and against ABC's NYPD Blue on=20
procedural grounds. After considering comments=20
from broadcasters and others, the FCC concluded=20
late Monday that "comments made by Nicole Richie=20
during the 2003 Billboard Music Awards and by=20
Cher during the 2002 Billboard Music Awards are=20
indecent and profane as broadcast but that the=20
complained-of material aired on The Early Show is=20
neither indecent nor profane. In addition, we=20
dismiss on procedural grounds the complaints=20
involving NYPD Blue as inadequate to trigger=20
enforcement." But the FCC also reasserted its=20
presumption that the words "f*ck" and "sh*t" are=20
profane and indecent unless context mitigates. It=20
also defended its ability generally to regulate=20
indecent broadcast content, saying the=20
availability of blocking mechanisms or the=20
presence of alternate media without similar=20
restrictions--cable, the Internet--did not=20
persuade it that its current enforcement regime=20
was unconstitutionally vague or de facto=20
ineffective in protecting children from indecent=20
content. Broadcasters and the Commission will now=20
fight it out over those remaining findings in court.
http://www.broadcastingcable.com/article/CA6388805.html
* FCC News Release: http://www.fcc.gov/omnibus_remand/FCC-06-166-nr.pdf
* FCC Order: http://www.fcc.gov/omnibus_remand/FCC-06-166.pdf
* Commissioner Adelstein:
http://www.fcc.gov/omnibus_remand/jsa_statement.pdf
--------------------------------------------------------------
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.
--------------------------------------------------------------

Consumer Advisory Committee -- 5th and Final Meeting November 3, 2006

This is an unofficial summary of the FCC's Consumer Advisory Committee (CAC) 5th and final time on Friday, November 3, 2006. The Committee's official site can be found at http://www.fcc.gov/cgb/cac/. For additional information, contact Scott Marshall, Consumer & Governmental Affairs Bureau, Federal Communications Commission, 202-418-2809 (voice) or 202-418-0179 (TTY), scott.marshall@fcc.gov (e-mail).

Monica Desai, the FCC's Consumer & Government Affairs Bureau Chief, highlighted some of the recent Commission actions since the CAC last met in July. Concerning the CAC, she said that she expected the Committee would be rechartered soon. (The CAC's current charter expires at the end of November 2006.) However, Call for Action's Shirley Rooker, who has chaired the Committee since its inception as the Consumer/Disability Telecommunications Advisory Committee in March 2001, announced she will not return as chair.

FCC Commissioner Michael Copps also addressed the Committee. He thanked the members for their public service saying the Committee has been "proactive, self-led, aggressive, and oh-so-relevant with its laser-beam focus on issues that really count for consumers, for all our citizens." But he added that the FCC "has a way to go in giving proper recognition to these communities and to their members, and to according the recommendations they make the kind of... prompt response their deserve." He promised that he would do his best to make sure that the CAC's recommendations get "the attention they are owed."

The CAC adopted the following recommenations:

  • Concerning Media Ownership rules, the CAC adopted one recommendation:
    • On the 2006 Quadrennial Regulatory Review of the Commission's Media Ownership Rules. The recommendation asks the FCC to adopt media ownership rules that promote: 1) Local ownership of broadcast outlets; 2) Competition as manifested through increased responsiveness to community needs and increased diversity of programming; and 3) Ownership opportunities for minorities, women and people with disabilities. In addition, the recommendation reiterates the CAC's previous call to compile a complete record and issue specific rules changes for public comment -- and asks the Commission to aggressively enforce its media ownership rules. See http://www.benton.org/benton_files/ownershipamended.doc
  • Concerning access for people with disabilities, the CAC adopted three recommendations:
    • The CAC requests that the FCC rescind the Anglers Exemption Order and all 297 grants of exemption based on it, and require that the Consumer and Governmental Affairs Bureau individually review each undue burden exemption petition to determine if an undue burden will result before granting such petition. The CAC also requests that the Bureau be instructed to place all current and future exemption petitions on public notice.
    • The CAC requests that the FCC withdraw the August 7, 2006 clarification notice, and reclarify that video programming producers/distributors otherwise required to provide, and those who are providing, real-time captioning of their live news programming must use captioning to make their emergency programming visually accessible to people with hearing loss.
    • The Consumer Advisory Committee formally endorsed the definition of “effective communication”, and requests that the FCC takes the lead in promoting this initiative with other appropriate federal agencies.

    For more on the CAC's Disability Access Working Group and their report to the Committee see http://www.benton.org/benton_files/DisabilityWgReport.doc

  • Concerning the effectiveness of future Consumer Advisory Committees:
    • The CAC recommended important changes and improvements that can increase the value of the CAC to the Commission, and increase the ability of the CAC to effectively serve the interests of communications consumers in the United States. These changes are: 1) Enhancing the FCC's CAC website with additional information on adopted recommendations and their implementation, 2) Improved follow-up on recommendations after adoption, 3) Better communication between the CAC and the FCC's Chairman, 4) Attendance by relevant Commission staff members at CAC meetings, and 5) Increased guidance from individual FCC Commissioners and the Commission as a whole. See http://www.benton.org/benton_files/effectiveness.doc
  • Concerning access for people in rural and underserved areas, the CAC adopted three recommendations:
    • Emergency Alerts and Crisis Telecommunications: Members of the Consumer Advisory Committee urge that FCC crisis telecommunications planning addresses not only emergency telecom infrastructure but also the critical “last link” – the local connection process which transforms official alert messages into timely notice and clear guidance for the safety of communities, households, and individuals. See http://www.benton.org/benton_files/ruraleas.doc
    • News Syndication Technology: The Consumer Advisory Committee recommends that FCC Commissioners and staff assess the benefits and adopt the use of Internet syndication technology, such as RSS, to enable easier access to, and more effective dissemination of, all public information available from the FCC. We feel this will help encourage and enable wider and more effective participation of consumers and citizens in FCC public policy considerations. We further recommend the use of appropriate electronic communications technologies to expedite and improve the awareness and sharing of relevant information among Consumer Advisory Committee members, CAC working groups, and FCC staff.
    • General Principles of Implementation for Universal Service Reform: If recharterd, the CAC committed to an examination of adding high-speed, broadband Internet access to the services supported by the Federal Universal Service Fund. See http://www.benton.org/benton_files/universalservice.doc
  • Concerning Telecommunications Relay Service, the CAC adopted three recommendations:
    • On Speech-to-Speech Petition filed by Dr. Bob Segalman and Rebecca Ladew. The Consumer Advisory Council requests that the FCC release the Petition filed by Dr. Bob Segalman and Rebecca Ladew immediately for comment. In addition, the Consumer Advisory Council supports the petition and requests that the FCC act expeditiously in making this rule change. The request to require a Speech to Speech Communication Assistant to stay with a call for 20 minutes rather than 15 minutes is without burden or additional cost. The result is better service for Speech to Speech relay users who find it very difficult when a Communication Assistant change takes place on a call. As a result, the Consumer Advisory Council supports this petition and asks that the FCC to quickly resolve this matter.
    • In the Matter of Telecommunications Relay Service and Speech-to-Speech Services for Inviduals with Hearing and Speech Disabilities. The CAC approved a formal filing in CG Docket No. 03-123. Read the comments at http://www.benton.org/benton_files/trsratemethodology.doc
    • Concerning E911 Access Issues for Individuals Who are Deaf and Hard of Hearing. The CAC endorsed a September 5, 2006 letter sent to FCC Chairman Martin by the TDI E9-1-1 Stakeholder Council. In the letter, the Council urged the Commission to act swiftly to require VRS and IP Relay providers to ensure that people with hearing or speech disabilities who use VRS and IP Relay services can call 9-1-1 and have the call connected to the most appropriate public safety answering point (PSAP). The Council also urged the Commission to immediately take action to require the provision of direct access to the E9-1-1 system for people with hearing or speech disabilities using various video and text communication technologies.
    • Concerning future CAC work on TRS issues, the CAC identified the following issues for possible review: Provide feedback to an open FCC item regarding IP and VRS fraud; Provide feedback to an open FCC item regarding a standard numbering system for internet based relay services; Encourage the FCC to order VoIP and Internet Service Providers to pay into the Interstate TRS Relay Fund; Assist the FCC in determining appropriate penalty calculations for non-compliant relay providers; Assist the FCC to expand the “Lifeline” program to broadband services; Determine if a standard CA numbering system would be useful to relay consumers.