September 2007

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MEDIA & ELECTIONS
D.C. court nullifies FEC regulations
Hispanics flock to Univision's debate
The World According to Univision

FCC NEWS
Thumbs Up, Thumbs Down on FCC DTV Plan
McCain Pans Program Tying, Praises FCC for Opening Inquiry
FCC Provides Target Date for Sirius-XM Merge

KIDS & MEDIA
Children advocates, NAB clash on FCC policy for kids TV
Markey Calls on More Marketers to Trim Fat

INTERNET/BROADBAND
Qwest pulls bid to ease price rules
Municipal Wi-Fi thrives =96 on a small scale

QUICKLY -- NSA and Telecom Privacy Laws;=20
California City Sues Time Warner Over Franchise;=20
Broadcasters Group Paid Lobbyist $140K; CBS=20
Interactive pacts with affiliates; New reputation=20
score follows you online; After Pushing Telework, GSA Tries to Lead Way

MEDIA & ELECTIONS

DC COURT NULLIFIES FED REGULATIONS
[SOURCE: The Hill, AUTHOR: Susan Crabtree]
A D.C. District Court judge on Wednesday threw=20
out existing Federal Election Commission (FEC)=20
regulations on coordinated communications, voter=20
registration and get-out-the-vote activity,=20
arguing that the agency=92s interpretation did not=20
meet a =93reasoned decision-making=94 standard and=20
undermined the law. The FEC can either appeal the=20
decision or rewrite regulations so they comport=20
with the judge=92s findings. The decision by Judge=20
Colleen Kollar-Kotelly stems from the FEC=92s=20
implementation of the 2002 Bipartisan Campaign=20
Reform Act (BCRA) and from assertions by the=20
bill=92s authors in Congress that the agency is=20
interpreting many provisions too loosely. As a=20
result, they argue, the law=92s intent is undermined.
http://thehill.com/leading-the-news/d.c.-court-nullifies-fec-regulations...
07-09-13.html

HISPANICS FLOCK TO UNIVISION'S DEBATE
[SOURCE: MediaLife, AUTHOR: Toni Fitzgerald]
There have already been nine presidential=20
candidate debates this year on cable news and=20
broadcast, each one of them featuring the same=20
candidates saying the same things. That sense of=20
repetition has led to only middling viewership,=20
with the presidential election still more than a=20
year away. But Sunday night on Univision, there=20
was finally a candidate forum that did offer=20
something new and different, a first-of-its-kind=20
meeting of all the Democratic presidential=20
hopefuls to address the issues of interest to=20
Hispanic voters, and in Spanish, no less, with=20
translations from English crawling across the=20
bottom of the screen. With their one great chance=20
to hear what the presidential candidates had to=20
say on these issues, and in their language, loads=20
of Hispanics tuned in. Univision=92s 90-minute=20
=93Destino 2008: Foro Presidencial=94 presidential=20
forum Sunday at 7 p.m. drew 2.2 million total=20
viewers, or more than either of the MSNBC and CNN=20
debates thus far this year. It was only 80,000=20
behind the average for one Republican debate last=20
month on ABC's "This Week with George=20
Stephanopolous." Among adults 18-49, the forum=20
averaged 1.27 million viewers, almost double the=20
average for the previous debates on the cable networks and ABC.
http://www.medialifemagazine.com/artman2/publish/Television_44/Hispanics...
ock_to_Univision_s_debate.asp

THE WORLD ACCORDING TO UNIVISION
[SOURCE: Wall Street Journal, AUTHOR: Leslie=20
Sanchez, former director of the White House Initiative on Hispanic Educatio=
n]
[Commentary] On Univision, a Spanish-language TV=20
network with an average prime-time audience of=20
about 3.5 million viewers, slanted statements=20
about the presidential candidates are=20
commonplace. Statements that appear on=20
Univision's Web site, like much of the network's=20
reporting, are missed by the mainstream media=20
because they appear only in Spanish. I have taken=20
an extensive look at Univision and found biased=20
views of American politics regularly presented by=20
the network. This is something all of us need to=20
be concerned about. If their views were presented=20
fairly, it's likely that Republicans would=20
connect with Hispanic voters. That may be why the=20
network's news coverage often downplays issues=20
that make Hispanics dislike Democrats (abortion,=20
same-sex marriage, taxes) and sensationalizes the=20
immigration issue as a way of demonizing=20
Republicans -- even those who are not=20
anti-immigrant. Republicans must engage and=20
demand fairness from Univision, rather than let=20
it propagandize the most conservative segment of=20
the Hispanic population -- the 40% who may speak=20
English, but who are "Spanish-dominant" and=20
consume their news in their native language.=20
Univision isn't alone. Bias is a problem=20
throughout Spanish media. But Univision is the=20
largest and most important part of the=20
Spanish-language media, and it features some of=20
the most unbalanced political news coverage on=20
television and it continues its leftward drift.
http://online.wsj.com/article/SB118964478980025903.html?mod=3Dtodays_us_...
nion
(requires subscription)

FCC NEWS

THUMBS UP, THUMBS DOWN ON FCC DTV PLAN
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The National Association of Broadcasters=20
Wednesday praised the Federal Communications=20
Commission for passing the=20
viewability/dual-carriage rule that will require=20
cable operators to deliver a viewable signal to=20
both their analog and digital customers. The=20
cable industry has problems with the First=20
Amendment and Fifth Amendment (taking of=20
property) implications of mandated carriage, but=20
it had already decided that it could voluntarily=20
provide that carriage for three years, with the=20
National Cable & Telecommunications Association=20
saying that it was in an effort to help smooth=20
the transition to digital. Some small cable=20
operators will have to shut down if they are=20
required to deliver must-carry TV-station signals=20
in analog and digital. That's according to=20
American Cable Association president Matt Polka.=20
Concerning possible waivers, Polka said, "This=20
offers little meaningful relief, requiring these=20
systems to engage in, and pay for, yet another=20
process at the FCC, with the outcome far from certain."
http://www.broadcastingcable.com/article/CA6477796.html?rssid=3D193
* Small Cable Operators Diss FCC=92s Carriage Decision
http://www.broadcastingcable.com/article/CA6477775.html?rssid=3D193

MCCAIN PANS PROGRAM TYING, PRAISES FCC FOR OPENING INQUIRY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Senator, presidential candidate and frequent=20
cable-rate and content critic John McCain (R-AZ)=20
praised the Federal Communications Commission for=20
its decision Tuesday to open an inquiry into=20
program tying, in which cable and broadcast=20
programmers tie deals for must-have programming=20
-- such as a big-market TV station and a=20
must-have channel like ESPN -- to less desirable=20
programming. Sen McCain sees it as a step toward=20
a consumer a la carte regime that he said would=20
lower cable bills and give viewers more control=20
over content -- a sentiment shared by FCC chairman Kevin Martin.
http://www.broadcastingcable.com/article/CA6477824.html?rssid=3D193

FCC PROVIDES TARGET DATE FOR SIRIUS-XM MERGER
[SOURCE: MediaWeek, AUTHOR: Brooks Boliek]
FCC chairman Kevin Martin said Tuesday that he=20
planned by year's end to have the commission wrap=20
its review of Sirius' attempted buyout of XM. The=20
deal has generated thousands of filings at the=20
Commission as proponents and opponents of the=20
deal have attempted to influence the decision.=20
The FCC and the Justice Department must approve=20
the deal. While the Justice Department looks at=20
whether the deal will be anti-competitive, the=20
FCC has to decide if it's in the public interest.
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=3D100...
8740

KIDS & MEDIA

CHILDREN ADVOCATES, NAB CLASH ON FCC POLICY FOR KIDS
[SOURCE: Lasar's Letter on the FCC, AUTHOR: Matthew Lasar]
The National Association of Broadcasters (NAB)=20
may give television high marks for children's=20
educational programming, but a group of public=20
interest advocates say that the industry has yet=20
to make the honor roll. On September 4th, both=20
the NAB and the Children's Media Policy Coalition=20
(CMPC) filed comments with the Federal=20
Communications Commission, offering dramatically=20
different assessments of the state of children's=20
educational TV. "Broadcasters are providing an=20
abundance of high quality, diverse programming=20
that amply meets the educational and=20
informational needs of children," the NAB filing=20
concludes in response to an FCC proceeding on the=20
state of kid's television. But the CMPC doesn't=20
see it that way; the group includes Children Now,=20
the American Academy of Pediatrics, the Benton=20
Foundation, the National PTA, and the Office of=20
Communication of the United Church of Christ. The=20
coalition acknowledges that broadcasters=20
generally comply with FCC requirements that they=20
provide three hours a week of educational TV. But=20
they say that beyond that, children's television has a long way to go.
http://www.lasarletter.net/drupal/node/458

MARKEY CALLS ON MORE MARKETERS TO TRIM FAT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
House Telecommunications & Internet Subcommittee=20
Chairman Ed Markey (D-MA) sent letters to Chuck=20
E. Cheese, Nestl=E9, ConAgra, Dannon and Yum!=20
Brands asking them to restrict the marketing of=20
their snack foods. That comes as Markey praised=20
Burger King for announcing that it would adopt=20
restrictions on the marketing of its food to=20
children. =93Burger King is making a whopper of a=20
commitment to public health by voluntarily=20
setting nutrition standards on advertising=20
directed at children," said Rep Markey. "It is=20
important that other food and beverage companies=20
step up and match the efforts these 12 companies are making.=94
http://www.broadcastingcable.com/article/CA6477907.html?rssid=3D193
* Chairman Markey's press release
http://markey.house.gov/index.php?option=3Dcom_content&task=3Dview&id=3D...
4&Itemid=3D141

INTERNET/BROADBAND

QWEST PULLS BID TO EASE PRICE RULES
[SOURCE: Denver Post, AUTHOR: Andy Vuongavuong( at )denverpost.com]
Qwest withdrew a petition with federal regulators=20
late Tuesday that sought to ease restrictions on=20
what the Baby Bell can charge competitors for=20
access to its communications network. The Federal=20
Communications Commission was to review the=20
petition during its monthly meeting Tuesday, but=20
the issue was removed from the agenda Monday.=20
Still, had Qwest not withdrawn the petition, the=20
agency would have been required under federal law=20
to issue a ruling by midnight Tuesday or the=20
application would have been "deemed granted."=20
Instead, Qwest pulled the petition and plans to=20
re-file it today, giving the FCC time to review=20
the issue. Earlier Tuesday, the FCC asked Qwest=20
to clarify what services the company wanted=20
deregulated. In a response, Qwest said it is=20
seeking relief on access services, essentially=20
"last mile" broadband connections the company=20
provides into metro areas and individual=20
buildings. FCC Commissioner Robert McDowell said,=20
"In a perfect world, the Commission today would=20
have taken another step forward to de-regulate=20
segments of the telecommunications industry where=20
sufficient competition has grown to obviate the=20
need for further government involvement. Thus, I=20
am disappointed that Qwest felt it had to=20
withdraw its forbearance petition regarding enterprise broadband services."
http://www.denverpost.com/ci_6865782?source=3Drss
* Commissioner McDowell's statement:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276583A1.doc

MUNICIPAL WI-FI THRIVES -- ON A SMALL SCALE
[SOURCE: The Christian Science Monitor, AUTHOR: Chris Gaylord]
The dream that free wireless Internet hubs would=20
blanket downtowns across the country abruptly=20
faded for several cities this summer. In San=20
Francisco, Houston, Chicago, and St. Louis, plans=20
that were supposed to make Wi-Fi access as cheap=20
and ubiquitous as tap water seemingly all fell=20
apart at the same time. With the collapse of=20
several major metropolitan projects, analyst=20
forecasts for municipal Wi-Fi turned dark.=20
Business models were unproven. Eager hype fizzled=20
to dismissive pessimism. But not everywhere.=20
While big-city Wi-Fi wilts, hundreds of smaller=20
communities have fostered thriving networks.=20
These success stories often take place in cities=20
and counties few have ever heard of =96 Owensboro,=20
Ky.; Rio Rancho, N.M.; Kutztown, Pa. Their town=20
borders don't extend very far, their populations=20
are relatively small, and their main streets may=20
be unglamorous. But in many ways, that's how they=20
pulled off what most metropolises have not.
http://www.csmonitor.com/2007/0913/p13s01-stct.html

QUICKLY

CALL FOR FCC TO INVESTIGATE INTELLIGENCE=20
AGENCIES=92 ALLEGED CIRCUMVENTION OF TELECOM PRIVACY LAWS
[SOURCE: Rep Ed Markey]
Representative Edward J. Markey (D-MA), Chairman=20
of the House Subcommittee on Telecommunications=20
and the Internet, today again asked the Chairman=20
of the Federal Communications Committee (FCC) to=20
investigate widespread and serious allegations of=20
telecommunications privacy laws violations by the=20
National Security Agency (NSA) and other=20
entities. Rep. Markey first asked FCC Chairman=20
Kevin J. Martin to investigate these allegations=20
in May of 2006. Rep. Markey said, =93More than a=20
year ago, I asked Chairman Martin to exercise his=20
authority as the head of the independent agency=20
responsible for the enforcement of our nation=92s=20
communications laws to investigate the very=20
serious reports that the intelligence agencies=20
were using telephone companies to obtain phone=20
records illegally. The continued reports of=20
government intelligence agencies running=20
roughshod over telecommunications privacy laws=20
make it clear that the FCC should not wait to=20
initiate this investigation.=94 At the first FCC=20
oversight hearing chaired by Rep. Markey this=20
year on March 14th, Rep. Markey followed up on=20
his May 2006 letter by asking Chairman Martin if=20
he had reconsidered his position on investigating=20
the alleged violations of communications privacy=20
laws. In response, Chairman Martin told Rep.=20
Markey that he had written a letter to Attorney=20
General Alberto Gonzales, dated March 6, 2007, to=20
obtain the viewpoint of the Department of Justice=20
as to whether the FCC could begin an=20
investigation. In the past six months, FCC=20
Chairman Martin has not received a response to=20
his letter to Attorney General Gonzales, who has=20
since announced his resignation. =93It is past time=20
for the American people to learn the truth about=20
alleged circumvention of important privacy laws.=20
The FCC has a duty to help get to the bottom of=20
what has transpired between the Bush=20
Administration and our nation=92s major telephone=20
companies with regard to the disclosure of=20
consumer telephone records and other personal data,=94 concluded Rep. Marke=
y.
http://markey.house.gov/index.php?option=3Dcom_content&task=3Dview&id=3D...
1&Itemid=3D141

CALIFORNIA CITY SUES TIME WARNER OVER FRANCHISE
[SOURCE: Technology Daily, AUTHOR: Michael Martinez]
A California city has accused one of the largest=20
cable companies in the United States of operating=20
a cable service without a franchise. The city of=20
Carlsbad, a suburb of San Diego, sued Time Warner=20
Cable in U.S. District Court last month. The city=20
claims that Time Warner has been unlawfully=20
providing cable service there because its=20
franchise is expired in November 2006. The spat=20
began when Time Warner took over the existing=20
franchise for Adelphia Communications last year.=20
City officials have argued that the deal expired=20
late last year but that Time Warner has continued=20
its business anyway. Under a law signed by Gov.=20
Arnold Schwarzenegger (R) last year, cable=20
companies in California will be allowed to=20
abrogate their existing contracts with localities=20
in favor of new statewide deals beginning in=20
January. The law is designed to speed the entry=20
of telephone companies into the state's=20
television market. Time Warner has asserted that=20
the city should have to extend its expired deal=20
until next January, when it is eligible to seek a=20
statewide franchise. The city said in its lawsuit=20
that an extension is not mandated by the law and=20
that Time Warner was unwilling to follow the=20
formal renewal process for the franchise after the law was passed in 2006.
http://www.njtelecomupdate.com/2007/09/calif_city_sues_time_warner_ov.html

BROADCASTERS GROUP PAID LOBBYIST $140K
[SOURCE: Associated Press]
The National Association of Broadcasters, which=20
represents more than 8,300 local television and=20
radio stations, paid the Podesta Group Inc.=20
$140,000 to lobby the federal government in the=20
first half of 2007. The firm lobbied Congress and=20
the Federal Communications Commission on=20
legislation dealing with consumer advertisements,=20
Internet radio royalty rates, a proposed=20
satellite radio combination and other matters.=20
Among those registered to lobby on behalf of the=20
trade group are: Paul Brathwaite, former=20
executive director of the Congressional Black=20
Caucus; John Scofield, former communications=20
director for the House Appropriations Committee;=20
Andrew Kauders, former senior adviser to Sen.=20
Robert Menendez (D-NJ); Ann Marie Polak, former=20
staffer for Rep. Mike Ferguson (R-NJ); and=20
Heather Urban, former director of Nevada=20
operations and legislation for Senate Majority Leader Harry Reid (D-NV).
http://biz.yahoo.com/ap/070912/broadcasters_lobbying.html?.v=3D1

CBS INTERACTIVE PACTS WITH AFFILIATES
[SOURCE: Variety, AUTHOR: Michael Learmonth]
CBS is adding its network of local TV and radio=20
station websites to its online "audience=20
network," which distributes Eye primetime shows across the web.
CBS Interactive announced Monday it had inked=20
deals with CBS' 29 owned TV affiliates and 144=20
CBS Radio websites, as well as a number of the=20
183 websites owned by CBS affiliates across the=20
country. The websites will both host=20
network-produced video content and provide local=20
news, sports and weather to the CBS Audience=20
Network, which is distributed through sites reaching 90% of Web users.
http://www.variety.com/article/VR1117971743.html?categoryid=3D1009&cs=3D1

NEW REPUTATION SCORE FOLLOWS YOU ONLINE
[SOURCE: Associated Press, AUTHOR: Anick Jesdanun]
Buy and sell enough goods on eBay and you'll=20
accumulate a score based on feedback left by=20
other users. Visit another site, however, and you=20
must rebuild your reputation from scratch. A=20
Boston-based startup is trying to change that=20
with a reputation system that travels with you,=20
whether you're seeking roommates at a classifieds=20
site like Craigslist or love at a dating site.
http://news.yahoo.com/s/ap/20070912/ap_on_hi_te/techbit_portable_trust;_...
=3DA0WTcUNUO.hG220B_QNj24cA

AFTER PUSHING TELEWORK, GSA TRIES TO LEAD WAY
[SOURCE: Washington Post, AUTHOR: Stephen Barr]
For several years, the General Services=20
Administration has urged other federal agencies=20
to set up telecommuting programs. Now, the GSA=20
plans a big push on its home turf. Lurita A.=20
Doan, the GSA administrator, yesterday called on=20
her agency to dramatically increase the number of=20
employees who can work one or more days per week=20
from home or from a regional telework center.=20
Many federal managers have shown little=20
enthusiasm for telework, in part because they are=20
concerned about data security, equipment and=20
software costs, office staffing, and employee=20
productivity. About 4 percent of the federal=20
workforce telecommutes, the GSA estimates.
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/12/AR200709...
2283.html
(requires registration)
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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.
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