March 2007

Is Your Local radio Host Local?

LIVE FROM STATION KFYI IN... WELL, THAT'S COMPLICATED
[SOURCE: New York Times, AUTHOR: Jennifer Steinhauer]

Percentage of minorities at newspapers declines

PERCENTAGE OF MINORITIES AT NEWSPAPERS DECLINES
[SOURCE: American Society of Newspaper Editors, AUTHOR: Tiffany Hsu]

The Media Know Best

THE MEDIA KNOW BEST
[SOURCE: Center for American Progress, AUTHOR: Faiz Shakir, Nico Pitney, Amanda Terkel,
Payson Schwin, and Satyam Khanna]

FCC Revolving Door for Well-Connected Media Biz “Super Lawyers”

FCC REVOLVING DOOR FOR WELL-CONNECTED MEDIA BIZ "SUPER LAWYERS"
[SOURCE: Digital Destiny, AUTHOR: Jeff Chester]
[Commentary] Last Sunday,included with the New York Times, was the special ad supplement “Washington DC Super Lawyers 2007.” Listed were the “Top Attorneys in the Washington, D.C., metro area.” An ad supported homage to some of the key power brokers, the supplement included a listing of communications attorneys. Chester provides a list of “Communications” Super Lawyers, and, in many cases, their former roles in Congress or the FCC.

Benton's Communications-related Headlines For Wednesday March 28, 2007

To view Benton's Headlines feed in your RSS=20
Aggregator, paste=20
http://www.benton.org/index.php?q=3Dtaxonomy/term/6/all/feed into your read=
er.

DIGITAL TELEVISION
It's Digital Decision Time Say Public Interest Advocates
Millions may miss digital TV deadline
Britt: Cable Needs DTV Flexibility

OWNERSHIP
FCC agrees to changed AT&T/BellSouth condition
FCC Approves Univision Sale
Tribune Close to Accepting Zell's $8 Billion Offer
A Digital Copyright Demo Turns Into a Fair-Use Volley
MLB: We=92ll Meet Face-to-Face with Cable

MORE NEWS FROM THE FCC
Martin: Broadband Wireless Must Be on =91Same Footing=92
FCC Split Over TV Violence Report
FCC Probe: Net Neutrality Goose Chase?

FUTURE OF MEDIA
How Radio Listeners Will Fare in a Merger Of Sirius and XM
Internet Video Still Faces Big Revenue Challenges
Live, From Station KFYI in ...Well, That=92s Complicated
Network fear of the Net as copilot

QUICKLY -- Percentage of minorities at newspapers=20
declines; The Media Know Best; FCC Revolving Door=20
for Well-Connected Media Biz =93Super Lawyers=94;=20
Valenti suffers stroke; E-mail users want more=20
control of inboxes; Cellphone services add up for kids

DIGITAL TELEVISION

IT'S DECISION TIME SAY PUBLIC INTEREST ADVOCATES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
On the eve of a House Telecommunications=20
Subcommittee hearing on the DTV transition, the=20
Campaign Legal Center, the Benton Foundation and=20
the Center for American Progress have written key=20
Congressional leaders to push the FCC to finish=20
its inquiry into DTV public interest obligations.=20
At a March 14 FCC oversight hearing, FCC Chairman=20
Kevin Martin said that the commission had already=20
dealt with some of those issues stemming from a=20
1999 notice of inquiry. The letter-writers,=20
longtime advocates for quantifiable public=20
interest obligations in the digital age including=20
minimum amounts of campaign centered speech,=20
begged to differ, including the date. They told=20
Subcommittee Chairman Ed Markey (D-MA) and=20
Commerce Chairman John Dingell (D-MI) that the=20
FCC had been considering new DTV public interest=20
rules since 1995 without any resolution of the=20
issue, and suggested that broadcasters should be=20
required to meet guidelines on "Local Civic and=20
Electoral Affairs Programming; Independently=20
Produced Programming; Reporting/Disclosure; and=20
Excessive Commercialization," as a minimum for getting license approvals.
http://www.broadcastingcable.com/article/CA6428581?display=3DBreaking+News
* Read the letter
http://www.benton.org/benton_files/outstandingPIOs32707.doc
* Status of the Digital Television Transition (Hearing Witness List)
http://energycommerce.house.gov/cmte_mtgs/110-ti-hrg.032807.Witness.List...

MILLIONS MAY MISS DIGITAL TV DEADLINE
[SOURCE: Los Angeles Times, AUTHOR: Jim Puzzanghera]
For millions of Americans, the digital revolution=20
might not be televised. One in 5 U.S. households=20
=97 more than a million in the Los Angeles area =97=20
depends on rabbit ears or a rooftop antenna to=20
watch TV. Without converter boxes, most of their=20
sets will go blank the day in 2009 that federal=20
law requires broadcast stations to turn off=20
analog signals and transmit only in digital. The=20
shift is being hailed as broadcast television's=20
most dramatic upgrade since it bloomed to color=20
from black and white half a century ago. The=20
technology gives free TV viewers vastly sharper=20
pictures and enables networks such as ABC and PBS=20
to offer a wider range of channels. The 80% of=20
Americans with cable or satellite service won't=20
be affected by the change. Neither will those who=20
have newer, digital TV sets. If you do have an=20
old analog TV hooked up to an antenna, you need=20
only buy a converter box, which will probably=20
cost about $50. The federal government is going=20
to hand out subsidies to help pay for it, and you=20
have two years to get ready. Civil rights leaders=20
and lawmakers are uneasy anyway. A recent poll=20
found that 61% of people who rely on broadcast TV=20
aren't aware of the digital shift. What's more,=20
households without cable or satellite service=20
tend to have lower incomes, and blacks and=20
Latinos are more likely to receive only=20
over-the-air TV than whites. The worry isn't that=20
people will miss vital episodes of "American=20
Idol." It's all about staying connected. Even=20
today, with news a 24/7 affair on the Internet=20
and pay TV, nearly two-thirds of viewers say=20
broadcast news is the main way they find out what's going on in the world.
http://www.latimes.com/business/printedition/la-fi-digital28mar28,1,5900...
.story?coll=3Dla-headlines-pe-business
(requires registration)

BRITT: CABLE NEEDS DTV FLEXIBILITY
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
Cable operators need the flexibility to convert=20
digital local TV signals to analog to help keep=20
consumer bills in check after analog local TV=20
signals are turned off in early 2009, Time Warner=20
Cable CEO Glenn Britt will say in testimony to be=20
delivered Wednesday before a House subcommittee.=20
If cable operators can't downconvert digital=20
signals at the headend or central office, they=20
would need to lease set-top boxes to millions=20
consumers. The National Cable &=20
Telecommunications Association estimated that=20
cable homes currently have 134 million TV sets=20
that would need set-tops to receive digital=20
signals from cable operators. Comcast, the=20
largest U.S. cable company, charges $3.50 per=20
month for digital set-tops. =93A cable operator may=20
decide to convert the digital-broadcast signal to=20
analog format at the headend. Under this option,=20
cable customers who receive service on an analog=20
television without the use a set-top box will=20
receive the same high-quality service the day=20
after the transition as they did the day before=20
with no requirement for new equipment and at no=20
additional cost to the consumer,=94 Britt said,=20
according to copy of his testimony obtained by=20
Multichannel News. Britt, along with broadcasting=20
and consumer-electronics representatives, is=20
scheduled to appear before the House Subcommittee=20
on Telecommunications and the Internet regarding=20
the government-mandated analog-TV cutoff Feb. 17, 2009.
http://www.multichannel.com/article/CA6428579.html?display=3DBreaking+News

OWNERSHIP

FCC AGREES TO CHANGED AT&T/BELLSOUTH CONDITION
[SOURCE: Reuters]
Releasing its approval of AT&T's acquisition of=20
BellSouth, the Federal Communications Commission=20
made a merger condition revision that benefits=20
rivals Verizon and Qwest. AT&T is required to=20
offer a reduced rate to other phone companies=20
that use its networks to connect calls. That=20
means former Bell phone companies Verizon and=20
Qwest, which use AT&T networks in some U.S.=20
regions, would also pay the lower rate. AT&T had=20
previously agreed to cut the rate on the=20
condition that Verizon and Qwest do the same,=20
incurring the wrath of Verizon and Qwest and=20
raising questions among some lawmakers. Since=20
then, AT&T offered to modify the condition, even=20
though it believes the original is "lawful and=20
fully justified by market conditions." As part of=20
the order, the FCC said AT&T will only have to=20
offer the reduced rate for 39 months instead of=20
48 months. Stifel Nicolaus analysts noted the=20
order "is modest good news for Verizon and Qwest,=20
as they will no longer be subjected to the=20
reciprocity requirement in order to benefit from=20
the AT&T commitment to cut certain special-access rates."
http://www.reuters.com/article/technologyNews/idUSN2720792220070327
* AT&T Revises Pact with FCC
http://online.wsj.com/article/SB117505091786751415.html?mod=3Dtodays_us_...
ketplace

FCC APPROVES UNIVISION SALE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The FCC has approved the sale of Univision's TV=20
stations to Broadcast Media Partners, an investor=20
group led by TV kids programming veteran Haim=20
Saban. As expected, Univision agreed to pay $24=20
million (the commission's largest fine ever,=20
according to Commissioner Michael Copps) in a=20
consent decree with the commission to settle=20
outstanding complaints about violations of the=20
FCC's kids programming rules . Licenses generally=20
cannot be transferred while there are complaints=20
pending against them. Commenting on the $24=20
million payment, FCC Chairman Kevin Martin said,=20
"It reflects the seriousness with which the=20
commission takes its public-interest obligations.=20
These requirements are not optional, and we=20
expect broadcasters to comply with them. With=20
these commitments by Univision, I believe this=20
transaction is in the public interest."
http://www.broadcastingcable.com/article/CA6428343.html?display=3DBreaki...
News
* FCC press release:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271810A1.doc
* Order: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-24A1.doc
* Chairman Martin:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-24A2.doc
* Commissioner Copps: "Today's item will most=20
likely be remembered because it imposes a $24=20
million fine, far and away the Commission's=20
largest ever. And indeed this amount is entirely=20
appropriate; it makes clear that violating the=20
Commission's media regulations cannot simply be=20
dismissed as just another cost of doing=20
business." But he continues to explain that the=20
Order fails to address two critical aspects of=20
the transaction: 1) the Commission has never=20
formally decided whether Spanish-language=20
programming constitutes a separate market segment=20
that must be analyzed in isolation from=20
English-speaking programming and 2) the transfer=20
of 114 stations to five private equity firms.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-24A3.doc
* Commissioner Adelstein: "It is my hope and=20
expectation that today's approval will mark the=20
beginning of an enhanced commitment by=20
Univision's new management to better serve the=20
public interest and the needs of the Hispanic American community."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-24A4.doc
* Commissioner Tate:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-24A5.doc
* Univision's new owners start with tough program
http://www.latimes.com/business/printedition/la-fi-univision28mar28,1,30...
77.story?coll=3Dla-headlines-pe-business

TRIBUNE CLOSE TO ACCEPTING ZELL'S $8 BILLION OFFER
[SOURCE: Bloomberg.com, AUTHOR: Justin Baer and Leon Lazaroff]
Tribune Co., owner of the Los Angeles Times and=20
Chicago Cubs, will probably accept real estate=20
billionaire Sam Zell's $8 billion takeover offer=20
by the end of the week, according to people=20
familiar with the matter. An agreement is likely=20
by Tribune's self-imposed deadline of March 31,=20
said the people, who declined to be named because=20
no decision has been made. Zell's offer of $33 a=20
share is 6.8 percent above yesterday's=20
close. Zell's offer was competing with the=20
company's plan to reorganize, as well as=20
less-attractive bids from the company's largest=20
shareholder, the Chandler family, and California=20
billionaires Ron Burkle and Eli Broad. The=20
auction dragged on for six months amid waning=20
interest from buyers and an 8.4 percent drop in the stock.
http://www.bloomberg.com/apps/news?pid=3D20601103&sid=3DajSktN34d6.k&refer=
=3Dus

A DIGITAL COPYRIGHT DEMO TURNS INTO A FAIR-USE=20
VOLLEY
[SOURCE: Wall Street Journal, AUTHOR:=20
Peter Lattman peter.lattman( at )wsj.com]
In the continuing copyright kerfuffle around=20
YouTube, one law professor bent on proving her=20
point is taking on none other than the National=20
Football League. Wendy Seltzer, a visiting=20
professor at Brooklyn Law School, picked the NFL,=20
a hyper-vigilant protector of intellectual=20
property, to highlight what she sees as the=20
clumsiness of the Digital Millennium Copyright=20
Act's "notice-and-takedown" provisions. Google=20
Inc., YouTube's owner, has argued that the DMCA=20
immunizes YouTube from liability for its users'=20
copyright infringement if it takes down video=20
when notified of copyright claims. To make her=20
case, Ms. Seltzer posted a video clip of an NFL=20
game during which announcers read the NFL's=20
copyright notice -- "Any rebroadcast,=20
retransmission or other use of this telecast=20
without express written consent..." What ensued=20
was more akin to a tennis match than a football=20
game. The NFL sent YouTube a takedown notice.=20
YouTube removed the clip. Ms. Seltzer sent=20
YouTube a counter-notice, asserting that the clip=20
fell within the "fair use" provisions of the=20
copyright law because she was using it for=20
educational purposes. YouTube re-posted the clip.=20
The NFL sent YouTube another takedown notice.=20
YouTube again yanked the clip. Ms. Seltzer finds=20
this "DMCA dance" absurd. "If...YouTube is=20
threatened with takedown notices every time my=20
speech includes fairly used copyrighted=20
material," says Ms. Seltzer, "pretty soon I find=20
my ability to engage in fair use shut down."
http://online.wsj.com/article/SB117505274825851496.html?mod=3Dtodays_us_...
ketplace
(requires subscription)

MLB: WE'LL MEET FACE-TO-FACE WITH CABLE
[SOURCE: Multichannel News, AUTHOR: Steve Donohue]
Under pressure from Sen. John Kerry (D-MA), Major=20
League Baseball president and chief operating=20
officer Bob DuPuy agreed to meet with In Demand=20
Networks to discuss a possible deal that could=20
provide the cable-backed program supplier with=20
the league=92s Extra Innings package. The chances=20
of the league cutting a deal with cable operators=20
before Monday -- opening day of the 2007 season=20
-- are slim. But MLB and DirecTV are facing heat=20
from regulators for their seven-year, $700=20
million deal that will restrict the league=92s=20
Extra Inning=92s package to DirecTV customers.
http://www.multichannel.com/article/CA6428250.html?display=3DBreaking+News

MORE NEWS FROM THE FCC

MARTIN: BROADBAND WIRELESS MUST BE ON 'SAME FOOTING'
[SOURCE: Multichannel News, AUTHOR: Todd Spangler]
Federal Communications Commission Chairman Kevin=20
Martin, speaking at the CTIA Wireless 2007=20
conference in Orlando, said broadband-wireless=20
services need to be "on the same footing" as=20
wired high-speed-Internet services from cable and=20
telephone companies. "It=92s going to be important=20
for consumers to develop that third broadband=20
pipe as a competitor to DSL [digital subscriber=20
line] and cable," he added. Chairman Martin=20
pointed to the FCC=92s ruling issued last week,=20
which declared that wireless-broadband=20
Internet-access service will be treated as an=20
information service under the Communications Act=20
of 1934. The ruling, released March 23, means=20
broadband-wireless services will be regulated the=20
same way cable=92s high-speed services are, rather=20
than as traditional telecommunications services.=20
Chairman Martin said it was "critical" that=20
broadband-wireless services receive "the same=20
lighter regulatory treatment as other information=20
services. It was important to put broadband=20
wireless on the same footing as cable and DSL."=20
That=92s especially key, he added, as the FCC=20
prepares for the auction later this year of a=20
huge chunk of wireless spectrum, reclaimed from=20
TV broadcasters as they move to government-mandated digital transmissions.
http://www.multichannel.com/article/CA6428126.html?display=3DBreaking+News
* FCC chief: Wireless key to universal access
Martin wants wireless Internet access to be=20
included in efforts to ensure universal communications for all U.S. residen=
ts.
http://www.iphone2die4.com/post/1506/

FCC SPLIT OVER TV VIOLENCE REPORT
[SOURCE: Technology Daily, AUTHOR: David Hatch]
An upcoming FCC report recommending steps that=20
Congress can take to regulate television violence=20
has sharply divided the agency's five members.=20
Multiple sources said Chairman Kevin Martin and=20
Commissioner Michael Copps, who are spearheading=20
the crackdown on graphic scenes, had approved the=20
latest version of the report. But Commissioner=20
Robert McDowell and Commissioner Jonathan=20
Adelstein are apprehensive about intervening in=20
this area, and it is unclear whether they are=20
onboard, sources said. Commissioner Deborah=20
Taylor Tate is expected to approve the findings,=20
although her office did not return telephone=20
calls seeking comment. Further complicating=20
matters, minority groups recently complained=20
about language in the report endorsing per=20
channel cable pricing, known as a la carte. The=20
discord may explain why the document, requested=20
by 39 House lawmakers in 2004 and the subject of=20
speculation for weeks, is not ready - although some observers expect it soo=
n.
http://www.njtelecomupdate.com/lenya/telco/live/tb-DRNO1175018645253.html

FCC PROBE: NET NEUTRALITY GOOSE CHASE?
[SOURCE: BusinessWeek, AUTHOR: Catherine Holahan]
After months of vehement debate over the need=97or=20
lack thereof=97for legislation to preserve=20
competition on the Web, the Federal=20
Communications Commission has decided to=20
investigate whether broadband providers are doing=20
anything to stifle it. As well intentioned as the=20
fact-finding mission may be, the FCC isn't likely=20
to turn up much, say both sides of the debate.=20
Broadband providers have consistently stated that=20
they do not give preferential treatment to some=20
services, nor do they plan to block competing=20
services. Comcast's Vice-President of External=20
Affairs, Joseph Waz Jr., summed up the position=20
at the Broadband Policy Summit in May, 2006, when=20
he said calls for legislation barring=20
preferential pricing were "a solution in search=20
of a problem." Without Net Neutrality, advocates=20
argue, a broadband provider will reserve fastest=20
passage for its own services or those willing to=20
pay a premium for such access, and relegating=20
competing services or small Internet startups to=20
relatively slow connections. The result would be=20
to put those companies at a disadvantage, potentially stifling innovation
http://www.businessweek.com/technology/content/mar2007/tc20070327_164895...
m?chan=3Dtechnology_technology+index+page_more+of+today%27s+top+stories
* Why is FCC quiet on AT&T=92s Call-Blocking?
Is AT&T=92s decision to block some of its=20
customers=92 wireless calls a violation of the=20
so-called net neutrality principles? If it is,=20
the FCC isn't saying so yet, at least not=20
publicly. While both sides of the =93free-calling=94=20
debate expect the commission to weigh in at some=20
point, neither has filed a formal statement=20
there, which may in some part have to do with the=20
FCC=92s silence on the matter so far.
http://gigaom.com/2007/03/26/why-is-fcc-silent-on-atts-call-blocking/

FUTURE OF MEDIA

HOW RADIO LISTENERS WILL FARE IN A MERGER OF SIRIUS AND XM
[SOURCE: Wall Street Journal, AUTHOR: Lee Gomes]
[Commentary] Many consumer groups oppose the=20
proposed merger of XM and Sirius, saying that in=20
addition to the anticompetitive nature of any=20
monopoly, this will be yet another instance of=20
media consolidation. A few groups say it ought to=20
be allowed, on the condition that the two agree=20
in writing to certain restrictions, such as=20
pricing and programming. Consumers themselves=20
should be forgiven for being suspicious. The=20
current merger request is the best evidence that=20
a new "times have changed" rationale might be put=20
forward three or five years hence, when the=20
company wants to do something it was forced to=20
promise never to do. But this argument is from=20
the possessors of one of Washington's most potent=20
lobbying forces. If any group is skilled in the=20
ways of governmental largess, it's broadcasters.=20
If you fret about diminished choices with a=20
joined Sirius and XM, think for a second about=20
commercial radio in the U.S. Its ownership is=20
highly concentrated, its programming is most=20
commonly described as "soulless" and it is=20
missing most of the public-interest programming=20
we used to take for granted. A radio station,=20
after all, is but a state-approved monopoly on=20
the public's airwaves. Remember when radio=20
stations turned out news programs? It is said=20
that one test of how much competition will exist=20
after a merger is the extent to which a=20
competitor squawks; the more complaining, the=20
more there will be a thriving market. Judging by=20
the decibels from the broadcasters, satellite and=20
broadcast radio would soon be at each others'=20
throats. What's not to like about that?
http://online.wsj.com/article/SB117504198011851139.html?mod=3Dtodays_us_...
ketplace
(requires subscription)
* Bad reception for Sirius and XM
Shares of the two satellite radio firms have=20
taken a hit since their merger plans were=20
announced in February as Wall Street bets that a deal will not get approved.
http://money.cnn.com/2007/03/26/news/companies/sirius_xm/index.htm?postv...
ion=3D2007032612

INTERNET VIDEO STILL FACES BIG REVENUE CHALLENGES
[SOURCE: Wall Street Journal, AUTHOR: Ellen Sheng ellen.sheng( at )dowjones.com]
Online video is getting a lot of hype these days,=20
but it is not clear how companies will make money=20
off such sites, a new study from Convergence=20
Consulting finds. "As it was a decade ago, the=20
Internet is once again being positioned as taking=20
over the content universe ... but there are a=20
number of cold, hard realities" that prevent=20
broadcasters and cable networks from moving away=20
from TV, the report states. One such reality is=20
advertising. Online advertising rates can command=20
high prices, but online viewership is still=20
considerably smaller than TV. Broadcasters that=20
put their TV shows online have seen about 5% of=20
their TV base watching the online streams; cable=20
networks such as MTV see about 15% of their=20
audiences watching shows online. Given the=20
audience size, there is no assurance of similar=20
advertising returns from online video. The report=20
from the Toronto-based research and consulting=20
firm calculates that average U.S. households=20
spend about 20 cents an hour to watch TV, but=20
broadcasters would have to charge a lot per=20
download in order to compensate for what they get=20
in advertising revenue for an average TV episode.=20
For cable networks, there is an added=20
disincentive to move to online distribution=20
because the networks get about half their revenue=20
from carriage deals with cable and satellite=20
companies. One exception -- where online=20
distribution could work better -- is with movie=20
studios. The report points out that selling=20
movies online helps studios save on distribution=20
costs of DVDs. Studios also aren't dependent on=20
advertising the way TV broadcasters and cable networks are.
http://online.wsj.com/article/SB117505059839651390.html?mod=3Dtodays_us_...
ketplace
(requires subscription)
* The Battle for the North American Couch Potato:=20
Bundling, Internet, TV, Telephone, April 2007 Edition
http://www.convergenceonline.com/reportA.html

LIVE FROM STATION KFYI IN... WELL, THAT'S COMPLICATED
[SOURCE: New York Times, AUTHOR: Jennifer Steinhauer]
Nationally syndicated hosts, =E0 la Howard Stern,=20
have long upended the local radio geography with=20
their generic commuter broadcasts. But a growing=20
number of local radio hosts do their work miles=20
from their broadcasting station, helped by=20
advances in technology. =93Remote broadcasting is=20
far easier in 2007 with digital phone lines than=20
it was years go,=94 said Michael Harrison, the=20
publisher of Talkers magazine. He estimates that=20
about 5 percent of talk show hosts do this. =93It=20
allows the radio station to get the best possible=20
talent without having to move them to the city they are in.=94
http://www.nytimes.com/2007/03/28/us/28host.html
(requires registration)

NETWORK FEAR OF THE NET AS COPILOT
[SOURCE: Los Angeles Times, AUTHOR: Patrick Goldstein]
The Internet is giving Hollywood a nervous=20
breakdown. Way, way back in prehistory =97 let's=20
say, 2004 =97 if you made a TV pilot and the=20
network didn't pick it up, the judge's decision=20
was final. But now you have a savior, an ally, a=20
friend with millions of other friends. You have YouTube.
http://www.latimes.com/entertainment/news/business/la-et-goldstein27mar2...
,1184650.story
(requires registration)

QUICKLY

PERCENTAGE OF MINORITIES AT NEWSPAPERS DECLINES
[SOURCE: American Society of Newspaper Editors, AUTHOR: Tiffany Hsu]
The percentage of minority staffing in daily=20
newsrooms fell slightly last year for only the=20
second time since ASNE began tracking minority=20
employment in its annual Newsroom Census,=20
according to editors briefed about the report=20
that is to be released Tuesday. =93The pressure on=20
the industry is too great,=94 said ASNE President=20
David A. Zeeck, executive editor of The News=20
Tribune in Tacoma, Wash. =93When jobs went=20
unfilled in years past, people would hire diverse=20
staff at a greater rate to fill a diversity=20
hole,=94 Zeeck said. =93Papers are not really hiring,=20
so when people leave, the percentages go down.=94=20
The 2007 census is expected to show that the=20
percentage of minority journalists slipped 0.25=20
percentage point over the past year, Zeeck said.
http://www.asne.org/index.cfm?id=3D6497

THE MEDIA KNOW BEST
[SOURCE: Center for American Progress, AUTHOR:=20
Faiz Shakir, Nico Pitney, Amanda Terkel,
Payson Schwin, and Satyam Khanna]
[Commentary] For six years, conservative=20
domination of Washington created a drought of=20
oversight and accountability. Now, as Congress=20
finally begins to take action and shed light on=20
the executive branch, establishment media figures=20
are aghast. In recent weeks, reporters and=20
editorial boards have repeatedly criticized=20
members of Congress for investigating the White=20
House or acting as counterweights to President=20
Bush. As Salon.com's Glenn Greenwald noted,=20
"Journalists are supposed to be, by definition,=20
eager for investigations of government=20
misconduct. That is supposed to be their purpose,=20
embedded in their DNA." Yet time and again, media=20
figures have ignored public opinion data and=20
claimed that members of Congress risk severe=20
political damage by carrying out their=20
constitutional oversight responsibilities.=20
Journalists have a critical responsibility to not=20
be complicit in corruption, government=20
malfeasance, and possible criminality. They=20
shouldn't be mocking or criticizing efforts to=20
hold the White House accountable; they should be furthering them.
http://www.americanprogressaction.org/progressreport/

FCC REVOLVING DOOR FOR WELL-CONNECTED MEDIA BIZ "SUPER LAWYERS"
[SOURCE: Digital Destiny, AUTHOR: Jeff Chester]
[Commentary] Last Sunday,included with the New=20
York Times, was the special ad supplement=20
=93Washington DC Super Lawyers 2007.=94 Listed were=20
the =93Top Attorneys in the Washington, D.C., metro=20
area.=94 An ad supported homage to some of the key=20
power brokers, the supplement included a listing=20
of communications attorneys. Chester provides a=20
list of =93Communications=94 Super Lawyers, and, in=20
many cases, their former roles in Congress or the FCC.
http://www.democraticmedia.org/jcblog/?p=3D222

VALENTI SUFFERS STROKE
[SOURCE: Reuters]
Former Motion Picture Association of America head=20
Jack Valenti has been hospitalized after=20
suffering a stroke last week. Valenti served as=20
an aide to Presidents John F. Kennedy and Lyndon=20
Johnson, and was aboard Air Force One by=20
Johnson's side when he was sworn in after Kennedy=20
was assassinated in Dallas. A Texas native,=20
Valenti ran an advertising agency in Houston=20
before heading to Washington to work for Johnson,=20
then majority leader of the U.S. Senate. Valenti,=20
85, spent 38 years as the top lobbyist for MPAA,=20
where he helped develop a voluntary ratings=20
system for movies and fending off government=20
attempts to curb explicit sex and violence on=20
film. After leaving the MPAA in 2004, he worked=20
with the television industry to fight tougher=20
regulations to address concerns by parents'=20
groups and regulators about profanity and sexual=20
content on broadcast television.
http://www.reuters.com/article/politicsNews/idUSN2739855320070327
* Valenti Suffers Stroke
http://www.broadcastingcable.com/article/CA6428443.html?display=3DBreaki...
News
* Jack Valenti Hospitalized Following Stroke (Associated Press)
http://www.tvnewsday.com/articles/2007/03/27/daily.7/
* Valenti recovering from stroke
http://www.latimes.com/business/printedition/la-fi-valenti28mar28,1,6350...
.story?coll=3Dla-headlines-pe-business

E-MAIL USERS WANT MORE CONTROL OF INBOXES
[SOURCE: Reuters, AUTHOR: Rachelle Younglai]
Bombarded by spam, e-mail users are eager for=20
tools like a "report fraud" button that would=20
help weed out unwanted messages that litter=20
inboxes, according to a survey by the Email=20
Sender and Provider Coalition released on=20
Tuesday. More than 80 percent of e-mailers=20
already use tools such as "report spam" and the=20
"unsubscribe" button to manage their in-boxes, the survey found.
http://www.reuters.com/article/internetNews/idUSN2635299820070327
* FCC Releases Order on AT&T/Bell South Merger
http://www.broadcastingcable.com/article/CA6428011?display=3DBreaking+News
* Read the Order over Spring Break!
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-189A1.pdf

CELLPHONE SERVICES ADD UP FOR KIDS
[SOURCE: USAToday, AUTHOR: Matt Friedman]
About 13.5 million kids ages 13 to 17 own a=20
cellphone, according to M:Metrics, an industry=20
researcher, and text-messaging =97 using=20
abbreviated sentences punched in from the keypad=20
that appear on the cellphone screen =97 is wildly=20
popular. Billing disputes over premium text=20
services have spawned several class-action lawsuits.
http://www.usatoday.com/printedition/money/20070328/cellkidscams.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.
--------------------------------------------------------------

Letter to Chairmen Dingell and Markey

March 27, 2007

John Dingell Edward Markey
Chairman Chairman
Committee on Energy and Commerce Subcommittee on Telecommunications &
2328 Rayburn the Internet
Washington, DC 20515 2108 Rayburn
Washington, DC 20515

Dear Chairmen Dingell and Markey,

At the March 14 House Subcommittee on Telecommunications & the Internet Oversight of the Federal Communications Commission hearing, FCC Chairman Kevin Martin suggested that the Commission has addressed many of the issues raised in the 1999 Notice of Inquiry on the Public Interest Obligations of TV Broadcast Licensees (“NOI”). We write today to respectfully disagree with Chairman Martin and again to call for quick resolution on a matter pending before the Commission since 1995, not 1999.

In the 1995 Notice of Proposed Rulemaking on Advanced Television Services and Their Impact Upon the Existing Television Broadcast Service (“NPRM”), the Commission noted that the rules imposing public interest obligations on broadcast licensees originate in the statutory mandate that broadcasters serve the “public interest, convenience, and necessity,” as well as other provisions of the Communications Act. These obligations include the requirements that broadcasters must provide “reasonable access” to candidates for federal elective office and must afford “equal opportunities” to candidates for any public office and that weekly they must provide three hours of children’s educational programming. Licensees must also adhere to restrictions on the airing of indecent programming and must comply with the 1996 Act provisions relating to the rating of video programming. The Commission noted that these current public interest rules were developed under the analog model and therefore were shaped by the limitations inherent in analog technology. The Commission sought comment on whether the greater capabilities afforded by digital technology should affect licensees’ obligations to serve the public interest, and if so, how those obligations might be adapted to the digital context.

Specifically, the Commission asked:

Should a licensee’s public interest obligations depend on the nature of the services it chooses to provide and, if that is the case, how so? For example, if a broadcaster chooses to provide multiple standard definition services, should public interest obligations attach to each one? [S]hould public interest obligations be seen as attaching not to services but to licensees, each of whom would be required to operate the facilities associated with its 6 MHz [digital] channel in the public interest?

On April 3, 1997, the Commission adopted the Fifth Report and Order on Advanced Television Services and Their Impact Upon the Existing Television Broadcast Service (“Fifth Report & Order”). The order explicitly did not resolve the public interest obligation debate stating:

Some argue that broadcasters’ public interest obligations in the digital world should be clearly defined and commensurate with the new opportunities provided by the digital channel broadcasters are receiving. Others contend that our current public interest rules need not change simply because broadcasters will be using digital technology to provide the same broadcast service to the public. We are not resolving this debate today. Instead, at an appropriate time, we will issue a Notice to collect and consider all views. As we authorize digital service, however, broadcast licensees and the public are on notice that existing public interest requirements continue to apply to all broadcast licensees. Broadcasters and the public are also on notice that the Commission may adopt new public interest rules for digital television. Thus as to the public interest, our action today forecloses nothing from our consideration.

Nearly three years after the Fifth Report & Order and one year after a Presidential Advisory Committee concluded, “As this Nation’s 1,600 television stations begin to convert to a digital television format, it is appropriate to reexamine the long-standing social compact between broadcasters and the American people,” the Commission adopted the 1999 NOI mentioned by Chairman Martin.

The 1999 NOI again raised unresolved questions about multicasting and the “challenges unique to the digital era”:

It is thus clear that DTV broadcasters must air programming responsive to their communities of license, comply with the statutory requirements concerning political advertising and candidate access, and provide children’s educational and informational programming, among other things. But as People for Better TV ask, how do these obligations apply to a DTV broadcaster that chooses to multicast? Do a licensee’s public interest obligations attach to the DTV channel as a whole, such that a licensee has discretion to fulfill them on one of its program streams, or to air some of its public interest programming on more than one of its program streams? Should, instead, the obligations attach to each program stream offered by the licensee, such that, for example, a licensee would need to air children’s programming on each of its DTV program streams? The Advisory Committee Report contemplates that, under certain circumstances, a digital broadcaster should not have nonstatutory public interest obligations imposed on channels other than its “primary” channel. A majority of the members of the Advisory Committee believe that the FCC should prohibit broadcasters from segregating candidate-centered programming to separate program streams, because they believe that would violate candidates’ reasonable access and equal opportunities. We seek comment on these approaches. In addition, how should we take into account the fact that DTV broadcasters can choose either to multicast multiple standard definition DTV program streams or broadcast one or two HDTV program streams during different parts of the day?

In addition, the FCC asked for comments on the following issues that we do not believe have been resolved yet:

• Disclosure Obligations: Current Commission rules require commercial TV broadcasters to include in their public file, among other things, citizen agreements, records concerning broadcasts by candidates for public office, annual employment reports, letters and e-mail from the public, issues/programming lists, records concerning children’s programming commercial limits, and children’s television programming reports. The NOI led to a Notice of Proposed Rulemaking, but the Commission has not yet issued a Report & Order.

• Minimum public interest obligations: The Commission asked for comments on the Advisory Committee recommendation that “[t]he FCC should adopt a set of mandatory minimum public interest requirements for digital broadcasters . . . that would not impose an undue burden on digital broadcast stations, . . . should apply to areas generally accepted as important universal responsibilities for broadcasters,” and should be phased in over several years. The Commission has not reported on its findings on minimum public interest obligations.

• Access to the media: One of the Commission’s long-standing goals in the area of broadcast regulation is to enhance the access to the media by all people, including people of all races, ethnicities, and gender, and, most recently, disabled persons. Congress emphasized this goal when it amended section 1 of the Communications Act in 1996 to refine this agency’s mission as making available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service. . . .” It further highlighted this goal when it added provisions to the Act concerning people with disabilities, such as section 713 relating to closed captioning and video description. Given the efficiencies of digital technology, DTV broadcasters are able to “multicast” and air several programs at the same time, as well as provide more information within the signal of each programming stream. The Commission sought comment on the ways broadcasters can use this technology to provide greater access to the media for the disabled and innovative ways unique to DTV that the Commission could use to encourage diversity in the digital era. The Commission has not issued a report on its findings.

• Enhancing political discourse: The Commission has long interpreted the statutory public interest standard as imposing an obligation on broadcast licensees to air programming regarding political campaigns. The Supreme Court likewise has recognized the impact television broadcasting has on our political system. The Commission sought comment on ways that candidate access to television and thus the quality of political discourse might be improved. The Commission has not reported on its findings.

FCC Commissioners Michael Copps and Jonathon Adelstein have been vocal about the importance of resolving the public interest obligation debate. Their strongest statements on the subject may have been delivered as the Commission decided on the dual and multicast carriage issues in 2005:

We are told to act now because this proceeding has been pending for so long. Other items integral to this one, prerequisites for today’s vote, have been around even longer. Consider that in 1999, more than a year before our first must-carry vote, we opened a proceeding on the public interest obligations of digital TV broadcasters. And in that public interest proceeding, remember that we were not writing on a blank slate. Rather, we were addressing issues raised in a report from a Presidential advisory committee that was issued a full year before that. It is six years later now, and this Commission still has not provided the American people with a clear idea as to how broadcasters’ enhanced digital spectrum is going to improve our viewing experience. The must-carry decision was a golden opportunity in which to consider this—but we let it slip away. Instead we have a record of inaction that will go down, I believe, as the Commission’s major failing in its efforts to move the digital transition forward.

For nearly two years, both internally and externally, I have consistently maintained that it would be premature to decide multicast carriage without assurance that each programming stream would indeed serve its local community through the imposition of concrete and meaningful public interest requirements… Unfortunately, for two years I was unable to engage the industry in an effective fashion to step forward and engage in public interest discussions. Illustrating the resistance, the NAB expressed hostility to the Commission even inquiring into broadcast localism. And aside from concluding a children’s programming item last year, the Commission until today continued to sit on an enhanced public disclosure proposal and a more than five-year old general inquiry into digital public interest obligations.

In February 2007, these same commissioners expressed similar concerns to this Subcommittee:

Consumer education and outreach are indispensable in gaining consumer acceptance of DTV… Another—and critically important—step we could take is to revive some of our long dormant inquiries into the public service obligations of TV and radio broadcasters after the digital transition. I believe that resolving these questions as soon as possible will help consumers understand the benefits of going digital, which will in turn allow them to make the appropriate buying decisions in advance of the transition.

The FCC must develop DTV public interest obligations and encourage more PSAs. First, in order to maximize the benefits to the American people, the Commission needs to determine DTV broadcasters’ public interest obligations. This proceeding has been pending since 1999, and the Commission has failed to produce final rules. Quantitative public interest obligations would encourage broadcasters to develop news and entertainment programming that is compelling and relevant to the viewing audience.

Additionally, in November 2005, the Commission’s own Consumer Advisory Committee, citing a woeful lack of progress, recommended that FCC should, within six months, issue Reports & Orders in the matters of 1) Public Interest Obligations of TV broadcast Licensees (MM Docket No. 99–360) and 2) Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations (MM 20 Docket No. 00–168).

In 2002, then-Commissioner Kevin Martin said, “I believe it is extremely important for the Commission to resolve outstanding DTV-related issues quickly so that affected industries and consumers know the rules of the road.” We cannot agree more. With less than 700 days before the completion of the transition to all-digital television broadcasting in the US, the American public deserves to know how television broadcasters will fulfill their role as public trustees of the airways in the digital age. Clear guidelines from the Commission would ensure that broadcasters adhere to the law and serve the local educational, informational and civic needs of the children and adults in the communities TV stations are licensed to serve.

We have taken the liberty of attaching a proposed processing guideline for the general public interest portion of broadcast license renewal applications. The processing guidelines include Local Civic and Electoral Affairs Programming; Independently Produced Programming; Reporting/Disclosure; and Excessive Commercialization. Licensees that meet all four of the attached guidelines would receive staff level approval of the general public interest portion of their license renewal application; applications of licensees not meeting all of the following guidelines would be referred to the Commission for review. In addition, viewers would be empowered to file complaints with the Enforcement Bureau alleging that the licensee has failed to comply with the terms of this processing guideline. If, on the basis of viewer complaints or staff review, the staff determined that the licensee consistently fell significantly below the minima set forth here, the staff would have the authority to direct the early filing of license renewal applications or take other enforcement measures as may be appropriate.

We urge you to press the Commission and Chairman Martin to further explain the Commission’s failure to define the public interest obligations of digital broadcasters.

If we can answer any questions or be helpful in any way, please do not hesitate to contact us. Thank you for your time and consideration

Sincerely,

Meredith McGehee Charles Benton Mark Lloyd
Policy Director Chairman Senior Fellow
Campaign Legal Center Benton Foundation Center for American Progress
(202) 736-2200 (847) 328-3040 (202) 682-1611

ENC: Public Interest Obligations and the Digital Television Age

CC: House Subcommittee on Telecommunications and the Internet
FCC Chairman Kevin Martin

Proposed Processing Guideline for Public Interest Obligations for Digital Television Broadcasters

July 2005
I. Processing Guideline

A. Licensees that meet all of the following guidelines will receive staff level approval of the general public interest portion of their license renewal application.
B. Applications of licensees not meeting all of the following guidelines will be referred to the Commission for review.
C. Any viewer may file a complaint with the Enforcement Bureau alleging that the licensee has failed to comply with the terms of this processing guideline. If, on the basis of viewer complaints or staff review, the staff determines that the licensee consistently falls significantly below the minima set forth here, the staff shall have the authority to direct the early filing of license renewal applications or take other enforcement measures as may be appropriate.

II. Local Public and Electoral Affairs Programming Requirements

A. To receive staff level approval, a licensee shall air a minimum of three (3) hours per week of qualifying local public or electoral affairs programming on the most watched channel they control/operate.
1. The most watched channel means the FCC-required free over-the-air standard channel (sometimes referred to as the “dot one channel”) which, like its analog predecessor, provides entertainment, sports, local and national news, election results, weather advisories, access for candidates and public interest programming such as educational programming for children (see FCC’s Fifth Report and Order on DTV).
B. To the degree that a licensee multicasts additional free over the-the-air programming streams, the licensee must air an amount of qualifying local public or electoral affairs programming on those channels equal to three hours per week per channel or three percent of the aggregate number of hours broadcast between the hours of 6:00 a.m. and 11:35 p.m. per week, whichever is less.
1. Licensees shall have the flexibility to decide how to allocate their local public and electoral affairs programming among the additional programming streams other than the most watched channel.
C. Local public and electoral affairs programming must meet the following requirements in order to be counted towards the three hour/three percent minimum:
1. It must be aired between 6:00 a.m. and 11:35 p.m. with at least 50 percent of that programming being aired between 6:00 a.m. and 9:00 a.m. weekdays and 5:00 p.m. and 11:35 p.m.
2. At least 50 percent of the required minimum on the most watched channel must be “first-run programming” by the licensee. For additional programming streams, this requirement may be phased in over 12 months.
3. To the extent that a licensee utilizes such distribution and promotion mechanisms as personal video recorders (PVRs), video-on-demand (VOD), and electronic program guides (EPGs), local public and electoral affairs programming must be made available and promoted using these and other utilized interactive technologies.
4. Programming must be identified and documented as local public or electoral affairs programming, and this information must be made available in the licensee’s public file and website.
5. Regularly scheduled newscasts and portions thereof do not qualify as local public or electoral affairs programming.
D. Local public affairs programming is programming designed to provide the public with information about local issues. Local public affairs programming includes broadcasts of interviews with or statements by elected or appointed officials and relevant policy experts on issues of importance to the community, government meetings, legislative sessions, conferences featuring elected officials, and substantive discussions of civic issues of interest to local communities or groups.
E. Local electoral affairs programming consists of candidate-centered discourse focusing on the local, state and United States Congressional races for offices to be elected by a constituency within the licensee’s broadcast area. Local electoral affairs programming includes broadcasts of candidate debates, interviews, or statements, as well as substantive discussions of ballot measures that will be put before the voters in a forthcoming election.
1. Programming that focuses on the “horserace” aspects of an election does not qualify as local electoral affairs programming. “Horserace” programming is primarily concerned with the political strength or viability of a candidate or ballot issue; focuses on a candidate or ballot issue’s status in relation to polling data, endorsements or fundraising totals; or discusses an election in terms of who is winning or losing.
2. Paid political advertisements do not qualify as local public or electoral affairs programming.
F. In the 30 days prior to a primary election for federal, state and/or local public office and 60 days prior to a general election for federal, state and/or local public office, at least two hours of the three hour minimum shall be local electoral affairs programming, aired between the hours of 6:00 a.m. and 9:00 a.m. and 5:00 p.m. and 11:35 p.m. on the licensee’s most watched channel.
III. Public Service Announcements Requirements
A. Licensees shall broadcast a minimum of 75 unpaid public service announcements (PSAs) per week on its most watched channel and each additional stream of programming.
B. A public service announcement is any announcement for which no consideration of any sort (including, but not limited to, cash, goods or services, in-kind contributions, endorsements, favorable treatment) is made to the licensee or any organization or entity associated with the licensee and which promotes programs, activites or services of federal, state or local governments or the programs, activities or services of nonprofits organizations.
C. At least 50 percent of these PSAs shall be locally produced and directed toward local issues.
D. A significant number shall run between the hours of 6:00 a.m. and 9:00 a.m. and 5:00 p.m. and 11:35 p.m.

IV. Reporting Requirements

A. To receive staff level approval, a licensee shall certify that at the end of each quarter during the preceding license term, it placed on its station website (if it has one) and in its public file, a report identifying any programming that counts toward fulfillment of the processing guideline.
B. The report shall contain the following information for each program:
1. For local public affairs programming, the specific local issues addressed. For electoral affairs programming, identify the race and the name(s) of the candidate(s) or the ballot issue(s)
2. Program format, e.g., talk show, debate, documentary
3. Date and time aired
4. Channel or stream on which it was aired
5. Whether the programming was locally produced
6. Description of any interactive functions utilized
7. Description of how the program was promoted to the public

C. The report shall also contain a description of the efforts made by the licensee to identify issues of importance to the community and to ensure the public was exposed to diverse viewpoints on the issue or election

Today's Quote 03.27.07

"The biggest problem with the transition to digital television in the United States is that the Federal Communications Commission under the Bush administration has locked the public out of the process of determining what the benefits of the transition might be."
-- Mark Lloyd, Center for American Progress

Ten Years Ago... Giving Away the Airwaves

GIVING AWAY THE AIRWAVES
[SOURCE: New York Times 3/27/1997, AUTHOR: Bob Dole]