February 2007

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NEWS FROM THE FCC
FCC's Copps sees lower indecency fines for some
Is There "Enough" Broadband Competition? And How High Is Up?
FCC Clarifies Rural Health Care Program

OWNERSHIP
Apple's Jobs calls on music industry to drop DRM
Competition Fears Led to DirecTV Deal
Chicago magnate may bid for Tribune
Will GE Sell NBC?
Hollywood Takes Its Concerns About Piracy and Taxes to Washington
Hollywood on the Hill: Time to Bury the Broadcast Flag?
Is There Any Hope for Broadcasters Throttled by Consolidation?

SPECTRUM
CEA: Reallocating Spectrum Will Endanger DTV Transition

INTERNET/BROADBAND
Google's Schmidt pitches 'self-governing' Net
Internet Servers Handle Major Global Attack
Internet Technology Tests AT&T's Bid For TV Subscribers
Wireless Web Moves Toward Open Access

QUICKLY -- US media can't cover the news if they don't cover the
world; New Staff at NTIA; Done Deal at NBCU: Zucker Succeeds Wright;
Public Television Plans a Network for Latinos ; Bush budget again
would cut E2T2;

NEWS FROM THE FCC

FCC'S COPPS SEES LOWER INDECENCY FINES FOR SOME
[SOURCE: Reuters, AUTHOR: Kenneth Li]
The Federal Communications Commission is unlikely to charge the
maximum fine on smaller broadcast stations that violate federal
decency standards, FCC Commissioner Michael Copps said on Tuesday.
Last year, Congress raised the maximum fine to $325,000 per violation
for each broadcast license, following complaints that the penalties
were too small to have any effect on media companies that charge
millions of dollars in advertising for 30-second advertising spots.
But CBS Corp. Chief Executive Leslie Moonves told attendees of a
conference sponsored by Common Sense Media and the Aspen Institute
that he believed the fines would chill freedom of speech. "I think
the increasing of fines is unfair," Moonves said. "People are more
afraid of what they put on air." Moonves said the network, which drew
more than 90 million viewers for Sunday's Super Bowl XLI, had turned
away millions of dollars of on-air advertisements they deemed unfit
for broadcast.
http://today.reuters.com/news/newsArticle.aspx?type=televisionNews&story...
See related story --
* What Is Media Executives' Responsibility to Kids?
[SOURCE: AdAge, AUTHOR: Andrew Hampp]
http://adage.com/mediaworks/article?article_id=114839

IS THERE "ENOUGH" BROADBAND COMPETITION? AND HOW HIGH IS UP?
[SOURCE: Public Knowledge 2/5, AUTHOR: Harold Feld, media Access Project]
[Commentary] Last week, the FCC's Wireline Competition Bureau
released the latest round of metrics on broadband deployment in the
U.S. Called "High-Speed Services for Internet Access: Status as of
June 30, 2006," the 23-page report assures us that just about every
zip code has access to multiple "high speed" Internet services
(defined as 200 Kbps in one direction) and that many zip codes even
multiple providers of "advanced services lines," which provide an
astounding 200 kbps in BOTH directions! Unsurprisingly, this has
kicked off the usual argument about whether we have "enough"
competition so that we don't need net neutrality or any other rules
to keep the Internet open. Allow me to suggest a different approach.
Asking if we have "enough" competition is a rather meaningless
question. Like so many things "competition" is a rather flexible
concept, and focusing on whether there is "enough" competition is
about as useful as asking "how high is up." The real questions, from
a policy perspective, are two-fold. 1) What do we need to do to get
cheap, fast broadband for everyone? 2) What do we need to do to make
sure the Internet stays as open, free, and productive at the edges as possible?
http://www.publicknowledge.org/node/813

FCC CLARIFIES RURAL HEALTH CARE PROGRAM
[SOURCE: Federal Communications Commission]
The FCC has released an order to provide clarification of the
Commission's order establishing a rural health care pilot program to
encourage the provision of telehealth and telemedicine services
throughout the nation. Specifically, the FCC finds that 1) pilot
program applicants may request and, if selected, may receive funding
to support up to 85 percent of the cost of connecting state and
regional broadband networks to the University Corporation for
Advanced Internet Development, Inc. (Internet2) or NLR; and 2) an
applicant that proposes to connect its state or regional broadband
networks to Internet2 or NLR may either a) pre-select Internet2 or
NLR, or b) seek a competitive bid for the provision of nationwide
backbone services from Internet2 or NLR. To ensure the success of
the pilot program, we expect that Internet2 and NLR will interconnect
or peer with each other.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-6A1.doc

OWNERSHIP

APPLE'S JOBS CALLS ON MUSIC INDUSTRY TO DROP DRM
[SOURCE: Reuters, AUTHOR: Yinka Adegoke and Duncan Martell]
Apple Chief Executive Steve Jobs on Tuesday called on the four major
record companies to start selling songs online without copy
protection software known as digital rights management (DRM). Jobs
said there appeared to be no benefit to the record companies to
continue to sell more than 90 percent of their music without DRM on
compact discs while selling the remaining small percentage of their
music encumbered with a DRM system. "If such requirements were
removed, the music industry might experience an influx of new
companies willing to invest in innovative new stores and players.
This can only be seen as a positive by the music companies," he said
in a statement. Apple has been under pressure in Europe to make
iTunes music compatible with players other than the iPod. On January
25 Norway's consumer ombudsman said Apple must open access to iTunes
by October 1 or face legal action. "Perhaps those unhappy with the
current situation should redirect their energies toward persuading
the music companies to sell their music DRM-free," said Jobs about
the European action. Apple's iTunes Music Store is currently the
world's largest digital music outlet, having sold around 2 billion
songs since its launch in 2003. It has more than 70 percent market
share of all digital music sales in the United States.
http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&story...
* Apple's Jobs calls for DRM-free music
http://news.com.com/Apples+Jobs+calls+for+DRM-free+world/2100-1027_3-615...
* Jobs Calls for End to Music Copy Protection
http://www.nytimes.com/2007/02/07/technology/07music.html
* Despite lawsuits, digital music downloads grow
http://today.reuters.com/News/newsArticle.aspx?type=technologyNews&story...

COMPETITION FEARS LED TO DIRECTV DEAL
[SOURCE: Multichannel News, AUTHOR: Mike Farrell]
Faced with growing competition, there's two possible responses from
the modern executive -- buy or sell. News Corp.'s decision to include
its controlling interest in DirecTV in its pending deal with Liberty
Media was spurred in part by concerns that the direct-broadcast
satellite giant would not be able to compete effectively against
satellite and telephone companies. The biggest obstacle appeared to
be the satellite giant's inability to develop a broadband product.
News Corp. acquired the controlling interest in DirecTV from Hughes
Electronics in 2003 for about $6.6 billion -- a deal that struck fear
into the hearts of cable operators worrying that News Corp. would use
its satellite distribution arm to crush the competition. But less
than three years after making the sale -- and as DirecTV's subscriber
growth started to decline and cable's triple-play package of voice,
video and data began to gain steam -- News Corp. had a change of
heart. According to the proxy filing, News Corp. management began to
explore strategic alternatives for the satellite giant in early 2006,
"in light of company management's belief that the DirecTV business
faced several strategic, competitive and technological challenges."
http://www.multichannel.com/article/CA6413900.html?display=Breaking+News

CHICAGO MAGNATE MAY BID FOR TRIBUNE
[SOURCE: Chicago Tribune, AUTHOR: Michael Oneal and Becky Yerak]
Chicago real estate magnate Sam Zell has emerged as a potential
bidder for Tribune Co. Zell, whose Equity Office Properties Trust is
the target of one of the biggest bidding wars in Wall Street history,
has approached the Chicago-based media company with a complicated
proposal that may include taking an equity stake while adding debt to
fund a large dividend for shareholders. One person said Zell had
spoken with Tribune's second-largest shareholder, the McCormick
Tribune Foundation, about his interest in trying to structure the
deal. Zell probably would need the foundation's support to make a
deal work. The foundation is run by current and former Tribune Co.
executives, including former Chairman and Chief Executive John
Madigan and current Chairman and CEO Dennis FitzSimons.
http://www.latimes.com/business/printedition/la-fi-tribune7feb07,1,36002...
(requires registration)

WILL GE SELL NBC?
[SOURCE: New York Post, AUTHOR: Peter Laura peter.lauria( at )nypost.com]
General Electric Chairman Jeff Immelt's increased involvement in the
direction of NBC Universal could be a sign that the entertainment
giant's parent is mulling an eventual exit from the TV and film
business. Three sources close to the company said that keeping NBC
for the long-term remains very much an open question in Immelt's
mind, and added he could look to sell the asset if it doesn't
significantly improve in the next 12 months. Indeed, with digital
media not yet rivaling the cash thrown off by traditional media, and
GE's history of adherence to strict performance measures, Immelt
could explore alternatives for the division, including a possible
sale, these sources said.
http://www.nypost.com/seven/02072007/business/plucked_peacock_business_p...

HOLLYWOOD TAKES ITS CONCERNS ABOUT PIRACY AND TAXES TO WASHINGTON
[SOURCE: New York Times, AUTHOR: David Halbfinger]
With a new Congress in session, the heads of the major movie studios
converged on the capital Tuesday to pitch their industry in the
unaccustomed role of good guy: boon to the trade balance, engine of
economic growth, polisher of the nation's image and employer of a
big, uncelebrated, middle-class work force. Cheered by the Democratic
takeover, the industry's leadership hopes to press its agenda of
fighting piracy, obtaining new tax advantages and reining in movie
and television production from going abroad. So the Motion Picture
Association of America put on a daylong show for lawmakers, lobbyists
and Capitol Hill aides, armed with some A-list talent and a new study
showing that film and TV production accounts for $30 billion in
wages, $10 billion in taxes, more than 400,000 jobs and a trade
surplus of $9.5 billion.
http://www.nytimes.com/2007/02/07/business/media/07movie.html
(requires registration)

HOLLYWOOD ON THE HILL: TIME TO BURY THE BROADCAST FLAG?
[SOURCE: Public Knowledge, AUTHOR: Gigi Sohn]
[Commentary] PK agrees that copyright is central to the business of
movie making, but "what we don't usually agree with Hollywood about
is the means by, and the degree to which, government should protect
those copyrights." Over the past 5 years, Hollywood and the recording
industry have pushed numerous proposals in Congress, and they have
tended to fall into several categories: 1) government technology
mandates like the broadcast flag; 2) expanding secondary copyright
liability (like the "Induce Act"); 3) expanding the permissions
culture (e.g., licensing temporary or buffer copies); and 4)
increasing punishment for copyright infringement that falls just
short of death by hanging. The good news is that most of these
efforts have failed. The bad news is that with a
Democratic-controlled Congress and one year until a Presidential
election, you can bet your mortgage that they will be pushing these,
and other initiatives hard in 2007.
http://www.publicknowledge.org/node/815

IS THERE ANY HOPE FOR BROADCASTERS THROTTLED BY CONSOLIDATION?
[SOURCE: Bloomberg news, AUTHOR: Dave Shiflett]
[Commentary] If you think your local radio station sounds like it's
being run by aliens, you may be right. As Eric Klinenberg reports in
"Fighting for Air: The Battle to Control America's Media,"
consolidation in the radio industry has produced creatures we might
call the omnipresent jocks: on-air personalities who do "local" shows
from several states away and may have never set foot in the markets
they pretend to broadcast from. Klinenberg, an associate professor of
sociology at New York University, looks at consolidation in radio,
newspapers, television and the Internet. He presents a panorama of
virulent homogenization -- and an industry that typically fails to
serve the public interest.
http://www.bloomberg.com/apps/news?pid=20601088&sid=aYF1paKLlpfc&refer=muse

SPECTRUM

CEA: REALLOCATING SPECTRUM WILL ENDANGER DTV TRANSITION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Cyren Call Chairman Morgan O'Brien will appear before the Senate
Commerce Committee Thursday to make a pitch for legislation that
would allow the company to build a public/private broadband emergency
communications network using 30 mHz of spectrum being reclaimed from
broadcasters in the switch to all-digital broadcasting. But the
Consumer Electronics Association and the High tech DTV Coalition have
released research that argues that reallocating the spectrum would
endanger the DTV transition, and would actually hinder, rather than
help, improvements in public safety communications. It argues that
the problem with emergency communications is not the amount of
spectrum, which it says is not in short supply for first responders,
but in interoperability, and that setting aside more than the 24 mHz
already earmarked would leave less for the advanced wireless services
the government is trying to promote.
http://www.broadcastingcable.com/article/CA6413851?display=Breaking+News
* Tech group opposes new public safety spectrum plan
http://www.infoworld.com/article/07/02/06/HNpublicsafetywirelessspectrum...

INTERNET/BROADBAND

GOOGLE'S SCHMIDT PITCHES 'SELF-GOVERNING' NET
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
Google CEO Eric Schmidt's nightmare scenario for a future Internet
looks like this: As billions more people go online, those in power
are so "freaked out" about the misuse of personal information that
they suffocate the Web with stifling regulations. Under that
"undesirable" construction, a small number of companies become
gatekeepers, forcing Internet users to interact in "highly
regimented" ways that rest on verifying their identities, Schmidt
said in his keynote speech at a luncheon event hosted here by the
Carnegie Endowment for International Peace. The Google chief said he
remained optimistic that the Internet will instead tend toward a
self-governing set of people and communities. But he acknowledged
that "true anonymity is extremely rare...and can be very, very
dangerous." In that vein, a middle-ground scenario that supplies
"enough insulation so you know who you're dealing with" could also
arise.
http://news.com.com/Googles+Schmidt+pitches+self-governing+Net/2100-1038...
* Google CEO: Internet's role in freedom still expanding
http://www.infoworld.com/article/07/02/06/HNgoogleceowebfreedom_1.html
* Google Still Searching For Recognition in D.C.
http://www.washingtonpost.com/wp-dyn/content/article/2007/02/06/AR200702...

INTERNET SERVERS HANDLE MAJOR GLOBAL ATTACK
[SOURCE: Associated Press, AUTHOR: Ted Bridis]
Hackers briefly overwhelmed at least three of the 13 computers that
help manage global computer traffic yesterday in one of the most
significant attacks against the Internet since 2002. Experts said the
unusually powerful attacks lasted as long as 12 hours but passed
largely unnoticed by most computer users, a testament to the
resiliency of the Internet. Behind the scenes, computer scientists
worldwide raced to cope with enormous volumes of data that threatened
to saturate some of the Internet's most vital pipelines. The motive
for the attacks was unclear, said Duane Wessels, a researcher at the
Cooperative Association for Internet Data Analysis at the
Supercomputing Center in San Diego. Wessels said that it was "maybe
to show off or just be disruptive; it doesn't seem to be extortion or
anything like that." Other experts said the hackers appeared to
disguise their origin, but vast amounts of rogue data in the attacks
were traced to South Korea.
http://www.washingtonpost.com/wp-dyn/content/article/2007/02/06/AR200702...
(requires registration)

INTERNET TECHNOLOGY TESTS AT&T'S BID FOR TV SUBSCRIBERS
[SOURCE: Wall Street Journal, AUTHOR: Peter Grant peter.grant( at )wsj.com]
AT&T's big bet on using Internet technology to vault ahead of rival
cable operators in the television-distribution business is beginning
to look more like a long shot. The telecom giant says it has rolled
out its so-called U-verse service in 11 cities. But that's four fewer
than promised, and the technology seems to remain mostly in the trial
phase. AT&T executives acknowledge they aren't fully marketing
U-verse because the service can't yet handle a surge of customers.
AT&T counted just 3,000 customers at the end of the fourth quarter,
unchanged from three months earlier. Meanwhile, AT&T executives last
month admitted for the first time that there were problems with the
software for U-verse provided by Microsoft, its primary vendor on the
project. That's a concern not just for AT&T, but for telecom
companies world-wide that bought Microsoft technology to run TV
services using Internet protocol, or IP, to transmit signals. It
isn't clear how serious the problems are because AT&T and Microsoft
executives won't discuss them. The delays plaguing U-verse have fed
criticism that AT&T and Microsoft overreached, trying to get more out
of Internet technology than it's capable of delivering at this time.
The skeptics include vendors, former employees and competitors. If
AT&T did overreach, it was out of necessity. The company faces
pressure to get into the TV business from cable companies that are
luring away tens of thousands of customers with their "triple play"
offers of phone, TV and high-speed Internet services.
http://online.wsj.com/article/SB117080773641100240.html?mod=todays_us_ma...
(requires subscription)

WIRELESS WEB MOVES TOWARD OPEN ACCESS
[SOURCE: Wall Street Journal, AUTHOR: Roger Cheng roger.cheng( at )dowjones.com]
Wireless carriers historically have preferred to sell directory and
other services through their own networks. But now, carriers have
gradually begun opening up their Web access. Cingular Wireless, owned
by AT&T Inc., gave Apple Inc. free rein to put its own content and
browser in the recently unveiled iPhone in a rare demonstration of
blind faith in a device maker. It typifies a change in attitude and a
new willingness to loosen their once-tight control over their
subscribers. A restrictive mentality and the clunky user interface
found on many handsets, some argue, impedes the growth of data
services and keeps traditional Web companies from getting into the
mobile Internet business. With the carriers offering frustrating and
clumsy browsers, some believe they would be better off letting
companies such as Google Inc. or Yahoo Inc. deal with the user
interface.Yet the carriers' restrictive controls have meant the
Internet titans have had difficulties breaking into the mobile market.
http://online.wsj.com/article/SB117081521696800393.html?mod=todays_us_pe...
(requires subscription)

QUICKLY

US MEDIA CAN'T COVER THE NEWS IF THEY DON'T COVER THE WORLD
[SOURCE: The Christian Science Monitor, AUTHOR: John Hughes]
[Commentary] It used to be that the state of the economy determined
the outcome of national elections in the United States. But now it is
international affairs that dominate. It is ironic in this era of
globalization, as international affairs rise to the top of the
agenda, that some media companies are forsaking the responsibility to
inform readers, listeners, and viewers of what is happening in the
world, and analyze what it means. Faced with declining circulation,
rising costs, and competition from the Web, some large newspapers are
closing foreign bureaus and slashing budgets for travel.
http://www.csmonitor.com/2007/0207/p09s01-cojh.html

NEW STAFF AT NTIA
[SOURCE: National Telecommunications and Information Administration]
1) Meredith Attwell Baker was named Deputy Assistant Secretary for
Communications and Information, and Deputy National
Telecommunications and Information Administration (NTIA)
Administrator. She joined NTIA in January 2004 as Senior Advisor and
also served on detail to the White House, Office of Science and
Technology Policy. Before joining NTIA, she was Vice President at
the firm of Williams Mullen Strategies where she focused on
telecommunications, intellectual property and international trade
issues. Ms. Baker was Senior Counsel to Covad Communications from
June 2000 to April 2002, and Director of Congressional Affairs at the
Cellular Telecommunications Industry Association (CTIA) from January
1998 to June 2000. 2) David T. Murray was appointed Senior Adviser to
NTIA Head John Kneuer. He joined the Department of Commerce in 2005
as Legislative and Intergovernmental Affairs Director for the
Economic Development Administration before assuming his current post.
Prior to coming to the Department, he was Vice President of
Government Affairs for the Satellite Broadcasting and Communications
Association (SBCA), representing the consumer satellite industry. 3)
Todd Sedmak, formerly the public affairs director at the Federal
Energy Regulatory Commission, was named Communications Director at
NTIA. Prior to FERC, Sedmak was the media relations director for
American University from 1992-2005, and was a legislative aide to
U.S. Senator Don Nickles from 1991 to 1992 working on business, tax,
agriculture, energy, environment and social issues.
http://www.ntia.doc.gov/ntiahome/press/2007/staff_baker_020607.htm
http://www.ntia.doc.gov/ntiahome/press/2007/staff_murray_020607.htm
http://www.ntia.doc.gov/ntiahome/press/2007/staff_sedmak_020607.htm

DONE DEAL AT NBCU: ZUCKER SUCCEEDS WRIGHT
[SOURCE: tvnewsday]
General Electric Co. Chairman and CEO Jeffrey R. Immelt announced the
appointment of Jeff Zucker as President and CEO of NBC Universal,
succeeding Bob Wright, who held that job for 21 years and who will
continue to serve as a GE vice chairman. As CEO of NBCU's television
group, Zucker has overseen the company's news, sports, and
entertainment divisions; owned-and-operated television stations;
cable entertainment properties, including USA, Sci Fi, and Bravo;
cable news properties, CNBC and MSNBC; Spanish language network
Telemundo; and the company's television studio, first-run
syndication, and global distribution efforts. Previously, Zucker had
served as president of the NBC Entertainment, News & Cable Group.
Before that, he was president of NBC Entertainment. A five-time Emmy
winner, Zucker also was executive producer of the Today show, where,
NBCU said, "he turned the morning news program into the single-most
profitable program on television." Under Wright's leadership, NBC's
revenues grew from $3 billion in 1986 to more than $16 billion in
2006. During his tenure, the company expanded its ownership of
broadcast television stations, launched groundbreaking cable networks
such as CNBC and MSNBC, and acquired fast-growing media assets such
as Spanish-language broadcaster Telemundo and the arts and
entertainment cable network, Bravo. In 2004, Wright led NBC's
acquisition of Vivendi Universal Entertainment, creating NBC
Universal. The acquisition added assets including the USA Network,
Sci Fi Channel, Universal Studios and Universal Parks in Orlando,
Fla., and Hollywood.
http://www.tvnewsday.com/articles/2007/02/06/daily.11/
* Wright Says Digital Is Zucker's Biggest Challenge
[SOURCE: Broadcasting&Cable, AUTHOR: Ben Grossman]
Outgoing NBC Universal chief Bob Wright says the biggest challenge
for his replacement, Jeff Zucker, is to win the race to figure out
how to monetize new media. "It's sorting out the digital is the real
challenge, the rest of our business is pretty good right now," he
said in a CNBC interview Tuesday morning. "Everybody can't have My
Space. We all want to have My Space. At least we think we do right
this minute."
http://www.broadcastingcable.com/article/CA6413845.html?display=Breaking...

PUBLIC TELEVISION PLANS A NETWORK FOR LATINOS
[SOURCE: New York Times, AUTHOR: Elizabeth Jensen]
In a move to take public broadcasting closer to Spanish-speaking
viewers, executives are expected to announce today that a new
network, V-me, will go on the air on March 5 in major American cities
with large Latino populations. It will offer a mix of
Spanish-language children's and adult programming with an educational
focus. This digital network is an unusual public-private partnership
forged between the Educational Broadcasting Corporation, the parent
of the New York public station WNET; the investment firm the Baeza
Group; and the venture capital firm Syncom Funds. Educational
Broadcasting will be a minority partner in the for-profit venture. An
initial 18 public television stations, which reach about 60 percent
of Spanish speakers in the United States, have agreed to carry V-me's
programming on the spinoff channels that are the results of their
conversion to a digital broadcast signal. In the cities where the
channel will be available, including Miami, Houston, Chicago and most
of the major California markets, it will be seen over the air by
viewers with digital-capable sets as well as on the digital tier of
cable systems. V-me's management is also pursuing broadcast via satellite.
http://www.nytimes.com/2007/02/07/arts/television/07wnet.html
(requires registration)

BUSH BUDGET AGAIN WOULD CUT E2T2
[SOURCE: eSchool News]
For the fourth straight year, President Bush has proposed cutting the
Enhancing Education Through Technology block-grant program -- the
primary source of federal funding for school technology -- from the
federal budget. Advocates of educational technology say the move
makes little sense, given the president's stated commitment to
ensuring the global competitiveness of American students. Altogether,
President Bush proposes cutting 44 education programs totaling $2.2
billion -- including the $273 million that E2T2 received in 2007, as
well as $35 million for arts education, $35 million for school
counseling, and $60 million for enhancing teacher quality. Most of
these same programs have been slated for elimination in Bush's budget
plans for the past three years, but Congress each year has voted to spare them.
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=6861
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While the summaries are factually accurate, their often informal tone
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Headlines are compiled by Kevin Taglang headlines( at )benton.org -- we
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