September 2007

Lots of policy events next week: 1) The Future of=20
Music Coalition holds its 7th policy summit, 2)=20
the United Church of Christ hosts the Everett=20
Parker Ethics in Telecommunication Lecture, 3) a=20
hearing on Emergency Communications and, of=20
course, 4) FCC Commissioners travel to Chicago to=20
hear about media ownership concerns. For these=20
and other upcoming media policy events, see=20
http://www.benton.org/event/2007/09/20/month/all/all

INTERNET/BROADBAND
Senate Chair Takes on FTC in Net Neutrality Fight
Free Press Questions Justice Department=92s Late Hit Against Net Neutrality
Qwest refiles FCC petition for deregulation

SPECTRUM/WIRELESS
Verizon Wireless files suit over FCC auction rules
M2Z takes FCC to court
Filling spectrum 'white space'

CABLE/SATELLITE
NFL Kicks Dirt At Comcast, Other Cable Operators
DirectTV & Dish Network Fail Public Television
Comcast Pulling Plug on Public Access TV in Northwest Indiana

INTERNATIONAL
'Media Is Half the Battle'
New law to meet TV revolution
Public service key to good media
Reaching His Prime Time in Afghanistan
Electoral bill could hurt Mexican broadcasters
China emerges as leader in cyberwarfare

QUICKLY -- Edwards Buys Ad Time on MSNBC to Rebut=20
Bush's Iraq Speech; Public says TV is getting=20
worse; McGannon Book Award -- Call for Nominations

INTERNET/BROADBAND

SENATE CHAIR TAKES ON FTC IN NET NEUTRALITY FIGHT
[SOURCE: PC Magazine, AUTHOR: Chloe Albanesius]
Sen Byron Dorgan -- Chairman of the Senate=20
Interstate Commerce, Trade and Tourism=20
Subcommittee -- tangled with the Federal Trade=20
Commission Wednesday, calling into question the=20
agency's hands-off approach to Internet=20
regulation. "We're headed toward a circumstance=20
where big providers that have a lot of muscle =85=20
will set up different lanes and freeways" over=20
the Internet and provide quicker download times=20
or site access for those willing to pay for it,=20
he said. "We're concerned that regulating=20
prematurely and perhaps on such a broad basis =85=20
really could serve to squelch this market in a=20
way that's harmful to consumers," responded FTC=20
Chairman Deborah Platt Majoras. Regulating the=20
Internet "will prevent business models from=20
developing," according to Chairman Majoras. Sen=20
Dorgan disagreed, pointing to the entrepreneurs=20
behind Google. "Would two guys in a dorm room=20
have access to consumers in X, Y or Z city if big=20
interests" demanded an Internet toll to reach=20
certain Web users, he asked. "We created this=20
Internet system through innovation [and] if we=20
get to a point where we say now there's no=20
non-discrimination rules," consumers could miss=20
key aspects of the online experience, he said.=20
Chairman Majoras was not convinced. Because the=20
Internet is "so dynamic", there's no way a=20
provider like Verizon will be able to=20
successfully quash online access without a=20
backlash, she said. "There will be a cry like no=20
tomorrow" if consumers are cut off and providers=20
will "lose a lot of customers," Chairman Majoras=20
said. "I can't imagine consumers tolerating not=20
getting the content that they want." Chris=20
Murray, senior counsel with the Consumers Union,=20
questioned where these aggrieved customers might=20
go. "I live two miles south of the White House=20
and [have the] choice of one provider," he said.=20
"I can't get a cable modem in my neighborhood.=20
When I hear that 90 percent of consumers have a=20
choice [with ISPs], I find that difficult to=20
believe when here I am in downtown D.C., in a=20
relatively affluent neighborhood, and I don't=20
have the choice." Murray also pointed to the=20
difficulty in policing discriminatory practices by ISPs.
http://www.pcmag.com/article2/0,1895,2182534,00.asp

FREE PRESS QUESTIONS JUSTICE DEPARTMENT'S LATE HIT AGAINST NET NEUTRALITY
[SOURCE: Free Press news release]
Public interest advocates are seeking to uncover=20
whether industry lobbyists or White House=20
politics unduly influenced a recent Justice=20
Department filing against Net Neutrality =97 the=20
longstanding principle that prevents phone and=20
cable companies from discriminating against Web=20
sites and services. Free Press, the national,=20
nonpartisan media reform group that coordinates=20
the SavetheInternet.com Coalition, today=20
submitted a request under the Freedom of=20
Information Act to uncover the underlying factors=20
that led to the Justice Department=92s Sept. 6=20
filing at the Federal Communications Commission =97=20
which came months after the FCC=92s formal comment=20
period had closed. =93We want to know what=20
motivated the Department of Justice to oppose Net=20
Neutrality this late in the process,=94 said Marvin=20
Ammori, general counsel of Free Press and author=20
of the request. =93The filing lacks any evidence of=20
serious investigation into this critical issue=20
and fits into a pattern of politically motivated=20
decisions coming out of the Justice Department.=20
We want to know if the Bush administration=92s=20
lawyers reached out to any of the thousands of=20
groups, businesses or individuals who support Net=20
Neutrality =97 or if they only talked to industry lobbyists at AT&T and Ver=
izon.=94
http://www.freepress.net/press/release.php?id=3D271
* Justice Department Should Explain Stand Against Net Neutrality
http://www.consumersunion.org/blogs/hun/2007/09/justice_department_shoul...
xpl.html=20

QWEST REFILES FCC PETITION FOR DEREGULATION
[SOURCE: Denver Post, AUTHOR: Andy Vuong]
Denver-based Qwest has refiled a petition seeking=20
to lift pricing restrictions on broadband=20
services it sells to competitors and large=20
businesses. Qwest is asking federal regulators=20
for an expedited review because the new=20
application is identical to the one the company=20
filed in June and withdrew late Tuesday. Shirley=20
Bloomfield, senior vice president of Qwest=20
federal relations, said the company withdrew the=20
original petition because "it just became very=20
clear that Qwest was not going to get all of the=20
relief that we were looking for" as the deadline=20
approached for regulators to rule. Qwest is=20
hoping the Federal Communications Commission will=20
review the new petition, filed late Wednesday,=20
when it rules on a similar request by AT&T next month.
http://www.denverpost.com/charlie/ci_6884768

SPECTRUM/WIRELESS

VERIZON WIRELESS FILES SUIT OVER FCC AUCTION RULES
[SOURCE: Reuters]
Verizon Wireless has asked a federal court to=20
overturn open-access rules that the U.S. Federal=20
Communications Commission is imposing on the=20
winner of valuable wireless airwaves to be=20
auctioned this winter. In a lawsuit filed on=20
Monday, Verizon Wireless asked the U.S. Court of=20
the Appeals for the District of Columbia to=20
strike down the FCC conditions, which would=20
require the winner of the new spectrum to let=20
consumers connect using any device or software.=20
Verizon Wireless argued that the open-access=20
conditions are unconstitutional and the FCC=20
overstepped its authority when it approved them on July 31.
http://www.news.com/Verizon+Wireless+files+suit+over+FCC+auction+rules/2...
-1039_3-6207854.html?tag=3Dhtml.alert.hed
* Verizon Lawsuit Looms Over DTV Transition
http://www.multichannel.com/article/CA6478215.html
* Verizon Scrambles Lawyers to Squash Minor Threat to Wireless Cartel
http://www.huffingtonpost.com/timothy-karr/verizon-scrambles-lawyers_b_6...
8.html
* Consumer choice is always the right answer
http://googlepublicpolicy.blogspot.com/2007/09/consumer-choice-is-always...
ght-answer.html
* FCC Sale Rules Draw Appeal
http://online.wsj.com/article/SB118970905185526623.html?mod=3Dtodays_us_...
ketplace
* Verizon Wireless fights FCC rules for spectrum auction
http://www.latimes.com/business/printedition/la-fi-auction14sep14,1,4449...
.story?coll=3Dla-headlines-pe-business

M2Z TAKES FCC TO COURT
[SOURCE: RCRWireless, AUTHOR: Jeffrey Silva]
M2Z Networks Inc. made good on its threat to take=20
the Federal Communications Commission to court,=20
asking the U.S. Court of Appeals for the District=20
of Columbia Circuit to overturn the agency=92s=20
dismissal of its nationwide wireless broadband=20
plan. M2Z, a Silicon Valley-backed startup=20
co-founded by former FCC wireless chief John=20
Muleta, said the agency violated numerous laws in=20
throwing out its proposal to provide free,=20
family-friendly broadband service in the=20
2155-2175 MHz band. FCC Chairman Kevin Martin=20
recently said the commission plans to launch a=20
proceeding to examine rules for that spectrum.
http://www.rcrnews.com/apps/pbcs.dll/article?AID=3D/20070913/FREE/709130...
1005/rss01

FILLING SPECTRUM 'WHITE SPACE'
[SOURCE: Los Angeles Times, AUTHOR: Editorial staff]
[Commentary] The looming shift from analog to=20
digital television signals in February 2009 will=20
open a prime set of frequencies to new uses.=20
Nationally, UHF channels 52 to 69 are being=20
cleared for public safety communications and=20
broadband wireless services. Regionally,=20
significant chunks of unused airwaves could open=20
up between channels, depending on how many=20
stations are broadcasting in the area. These=20
"white spaces" are the subject of an intensifying=20
debate in Washington. Broadcasters, sports=20
leagues and some TV manufacturers started an=20
advertising blitz this week urging policymakers=20
not to let portable devices transmit on those=20
bands of spectrum. They are opposed by a=20
coalition of high-tech firms and consumer=20
electronics companies that wants to use the=20
vacant TV airwaves for high-speed Internet=20
access, home networks and other digital services.=20
The broadcasters have raised some legitimate=20
points, but their concerns amount to more of a=20
caution sign than a red light for the Federal=20
Communications Commission. If portable devices=20
can be made in a way that avoids interference=20
with digital TV and related signals, they should be allowed into the market.
http://www.latimes.com/news/printedition/asection/la-ed-whitespace14sep1...
,111908.story?coll=3Dla-news-a_section
(requires registration)

CABLE/SATELLITE

NFL KICKS DIRT AT COMCAST, OTHER CABLE OPERATORS
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
The National Football League, which rakes in $3.7=20
billion a year in TV revenue alone, is accusing=20
the cable industry of favoring channels it owns=20
and discriminating against unaffiliated channels=20
such as the NFL Network through less favorable=20
economic terms and channel positioning. =93[Cable=20
operators] commonly disadvantage independent=20
services by forcing them to accept inferior=20
compensation or channel placement =96 or both,=94 the=20
NFL Network told the Federal Communications=20
Commission in a Sept. 11 filing related to cable=20
system carriage of independently owned program=20
networks. The NFL filing didn't mention that it=20
lost a tier-placement law suit to Comcast and=20
that it won't license =93NFL Sunday Ticket" to=20
Comcast or any other U.S. cable operator.=20
DirecTV, a satellite pay-TV provider, has=20
exclusive rights to Sunday Ticket. The attack on=20
Comcast comes as the FCC considers revising rules=20
that ban cable operators from discriminating=20
against a cable network based on the network=92s=20
ownership. The NFL Network urged the FCC to adopt=20
rules requiring Comcast to =93bargain in good=20
faith,=94 as it must when dealing with local TV=20
stations. The FCC, the NFL Network added, would=20
need to back up breakdowns in good faith with=20
binding arbitration initiated by the programmer.
http://www.multichannel.com/article/CA6478207.html

DIRECTV * DISH NETWORK FAIL PUBLIC TELEVISION
[SOURCE: Rare Medium]
[Commentary] Both DirecTV and Dish Network=92s have=20
decided NOT to include the new digital / HD=20
program services of local PBS / public television=20
stations in their =93Local HD Channel Packages",=20
but they do include the traditional analog and=20
new digital program services of your local ABC,=20
CBS, NBC, and the FOX commercial network=20
stations. Local public television stations=92=20
digital signals can only be received via cable or=20
over-the-air with an antenna and digital (HDTV)=20
receiver. Obviously, DirecTV and the Dish Network=20
are carrying the commercial network digital=20
signals because they believe the digital and=20
often High-Definition (HD) programming provides=20
=93value added=94 for their subscribers. Given the=20
nature of many PBS programs, the digital service=20
would provide enhanced picture and sound quality.=20
You have to wonder if I can watch a commercial=20
network =93game show=94 in digital high-definition,=20
why would DirecTV and the Dish Network not want=20
to provide the same enhanced viewing experience to NOVA and NATURE viewers?
http://raremedium.org/?p=3D12

COMCAST PULLING PLUG ON PUBLIC ACCESS TV IN NORTHWEST INDIANA
[SOURCE: WBEZ Chicago Public Radio, AUTHOR: Michael Puente]
Comcast customers in Northwest Indiana have only=20
a couple more weeks to enjoy their favorite=20
locally produced shows. The cable operator is=20
closing public access studio due to a change in=20
Indiana cable TV law. If local communities=20
produce the shows themselves, Comcast will air them on its systems.
http://www.chicagopublicradio.org/CityRoom_Story.aspx?storyID=3D13265

INTERNATIONAL

'MEDIA IS HALF THE BATTLE'
[SOURCE: Wall Street Journal, AUTHOR: James K=20
Glassman, Chairman Broadcasting Board of Governors]
[Commentary] During his testimony Monday, U.S.=20
Ambassador to Iraq Ryan Crocker was asked by Rep.=20
John Boozman (R-Ark), "Can you tell us a little=20
bit about what we're trying to do to get the=20
hearts and minds through the media?" Ambassador=20
Crocker replied, "We still have a way to go both=20
in Iraq and the region." As chairman of the=20
agency that directs the U.S. government's=20
international broadcasting effort -- radio,=20
television and the Internet -- I agree. In a=20
powerful report on jihadist exploitation of the=20
Web, Daniel Kimmage, a researcher for Radio Free=20
Europe/Radio Liberty (RFE/RL), quoted a terrorist=20
group saying, "Media is half the battle." That=20
may be lowballing the situation. Media is=20
critical. We're making progress, but we have a way to go.
http://online.wsj.com/article/SB118972683165027102.html?mod=3Dtodays_us_...
nion
(requires subscription)

NEW LAW TO MEET TV REVOLUTION
[SOURCE: Financial Times, AUTHOR: Ben Fenton]
A series of reviews and inquiries into the future=20
of digital television and broadcasting over the=20
Internet will lead to a new communications act=20
before Britain ditches its analog signal in 2012.=20
James Purnell, the culture secretary, told the=20
Royal Television Society in Cambridge on Thursday=20
night that difficult questions had to be asked=20
about public service broadcasting, regulation and=20
the fast-changing broadcast market. It is=20
understood the government has decided the only=20
way of ensuring it can adapt to the rapidly=20
changing environment in which people consume=20
programmes on the Internet, digital television=20
and other unforeseen sources is by new=20
legislation. The 2003 Communications Act had been=20
expected to last for at least a decade.
http://www.ft.com/cms/s/97a797ca-6250-11dc-bdf6-0000779fd2ac.html
(requires subscription)

PUBLIC SERVICE THE KEY TO GOOD MEDIA
[SOURCE: Financial Times, AUTHOR: Ben Fenton]
New media outlets are not an alternative to=20
traditional television companies fulfilling their=20
public service responsibilities, the new Culture=20
Secretary said last night, warning that without=20
public intervention, the advance of technology=20
could lead to the dilution of public service=20
broadcasting. "A vicious circle could emerge in=20
which the wealthy pay to watch on demand, via=20
technology which is not affordable to the rest,"=20
James Purnell said in his first major speech to=20
the industry since being appointed by Gordon=20
Brown. "Advertising revenues could gravitate to=20
this more affluent market, leaving a significant=20
part of the population not only without access to=20
these new types of content, but also finding the=20
traditional broadcast channels dwindling," Mr=20
Purnell told the Royal Television Society. Public=20
service broadcasting rules oblige commercial=20
broadcasters such as ITV and Channel 4 to deliver=20
certain types or quantities of programmes such as=20
news or children's programming. Some broadcasters=20
have argued that they can fulfill this remit in other ways.
http://www.ft.com/cms/s/3d8a7c98-625b-11dc-bdf6-0000779fd2ac.html
(requires subscription)

REACHING HIS PRIME TIME IN AFGHANISTAN
[SOURCE: Washington Post, AUTHOR: Frank Ahrens]
Saad Mohseni, director of the Moby Media Group,=20
was in Washington for meetings at the State=20
Department and with U.S. media and business=20
counterparts. His five-year-old company -- which=20
got start-up help from the U.S. Agency for=20
International Development -- owns two of the=20
most-watched television networks in Afghanistan,=20
an FM radio station, a video production house, an=20
ad agency, a music label and a small magazine. In=20
addition to his nightly news program and a "Good=20
Morning Afghanistan"-style talk show, Mohseni's=20
Tolo TV network runs popular Indian soap operas,=20
has a singing-contest show a la "American Idol,"=20
an amateur stand-up comedy show where comics get=20
laughs in Persian Dari, a satire program that=20
shows lawmakers in embarrassing situations and=20
will, this fall, begin showing dubbed episodes of=20
the Fox thriller "24." In some ways, Mohseni, 41,=20
is the Rupert Murdoch of Afghanistan. Not only is=20
he an entrepreneurial media lord with Australian=20
roots who buys his soap operas from Murdoch's=20
Indian Star TV network, his programming has been=20
criticized as sensational, lowbrow and corruptive to the culture.
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/13/AR200709...
2444.html
(requires registration)

ELECTORAL BILL COULD HURT MEXICAN BROADCASTERS
[SOURCE: Reuters, AUTHOR: Cyntia Barrera Diaz and Jason Lange]
Mexico's Congress is considering a bill that=20
would give political parties free air time during=20
elections. The election law overhaul, which the=20
opposition says must be approved in tandem with a=20
long-awaited fiscal reform, is expected to be=20
voted on this week. According to a draft of the=20
bill, broadcasters would have to give three=20
minutes of every hour between 6 a.m. and midnight=20
free to political parties for airing spots during=20
federal campaigns. If TV companies air, on=20
average, 20 minutes of paid ad spots an hour, the=20
new bill would mean 15 percent less advertising=20
sales for them during campaigns.
http://www.reuters.com/article/marketsNews/idUSN1146587820070911

CHINA EMERGES AS LEADER IN CYBERWARFARE
[SOURCE: The Christian Science Monitor, AUTHOR:=20
Robert Marquand and Ben Arnoldy]
Today, of an estimated 120 countries working on=20
cyberwarfare, China, seeking great power status,=20
has emerged as a leader. "The Chinese are the=20
first to use cyberattacks for political and=20
military goals," says James Mulvenon, an expert=20
on Chin's military and director of the Center for=20
Intelligence and Research in Washington. "Whether=20
it is battlefield preparation or hacking networks=20
connected to the German chancellor, they are the=20
first state actor to jump feet first into=20
21st-century cyberwarfare technology. This is=20
clearly becoming a more serious and open problem."
http://www.csmonitor.com/2007/0914/p01s01-woap.html

QUICKLY

EDWARDS BUYS AD TIME ON MSNBC TO REBUT BUSH'S IRAQ SPEECH
[SOURCE: TVWeek, AUTHOR: Michele Greppi]
Democratic presidential candidate John Edwards is=20
opening a new front in political advertising=20
tonight when he takes issue with President Bush=92s=20
view of the war in Iraq in a two-minute national=20
ad on MSNBC. The commercial, taped in the library=20
of Mr. Edwards=92 Chapel Hill, N.C., home=20
Wednesday, will run at approximately 9:50 p.m.=20
EDT, in the second commercial break during=20
MSNBC=92s analysis of President Bush=92s 9 p.m.=20
televised address and the official Democratic=20
response delivered by Sen. Jack Reed (D-RI). It=20
will be clearly identified as a spot paid for by=20
the Edwards campaign. As attention-getting as it=20
is=97the Associated Press and even CNN reported=20
Thursday afternoon on the buy on its=20
competitor=97the spot is less than half the size=20
the Edwards campaign had initially envisioned.=20
The Edwards campaign was turned down by more than=20
one national TV outlet when it sought to buy five=20
minutes of time following the president=92s speech.
http://www.tvweek.com/news/2007/09/edwards_buys_ad_time_on_msnbc.php
(requires free registration)
* Edwards buys TV time to rebut Bush
http://thehill.com/campaign-2008/edwards-buys-tv-time-to-rebut-bush-2007...
-13.html

PUBLIC SAYS TV IS GETTING WORSE
[SOURCE: Associated Press, AUTHOR: David Bauder]
Sixty-two percent of Americans say TV programs=20
are getting worse; only 22 percent said they are=20
getting better. The likelihood of people=20
believing TV is getting worse increases with age,=20
the poll found. Nearly three-quarters of people=20
aged 65 and over believe that =97 not surprising=20
with most networks relentlessly chasing the=20
youthful demographic that advertisers pay a=20
premium to reach. Television historian Tim Brooks=20
cautioned that there may be a "good old days"=20
effect at work in those poll results =97 people who=20
give a rosy tint to the past. Many critics=20
believe that because there are so many channels=20
now, there are a lot more good things to choose from.
http://news.yahoo.com/s/ap/20070912/ap_en_tv/tv_fall_poll

MCGANNON BOOK AWARD -- CALL FOR NOMINATIONS
The Donald McGannon Communication Research Center=20
at Fordham University announces its 2007 Award=20
for Social and Ethical Relevance in=20
Communications Policy Research. Nominees should=20
be book-length research published in 2007 that=20
addresses or informs issues of communications=20
policy. Authors of the winning book will be=20
awarded $2,000. Nominations should consist of a=20
cover letter briefly summarizing the book=92s=20
research focus and findings, along with three=20
copies of the book. Self-nominations are=20
welcome. Edited volumes are not eligible for consideration.
Deadline for consideration is January 15th, 2008.
http://www.fordham.edu/academics/office_of_research/research_centers__in...
nald_mcgannon_comm/book_award_11437.asp
--------------------------------------------------------------
...and we're outta here. Have a great weekend. GO CUBS!
--------------------------------------------------------------
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.
--------------------------------------------------------------