October 2007

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GOVERNMENT & COMMUNICATIONS
The Wiretap This Time
White House to let committee leaders see surveillance docs
Details on Surveillance Released
Sen. Rockefeller, It's For You
The Information Highway Patrol

OWNERSHIP
FCC approves $24.7 billion Alltel buyout
In Defense of Rupert Murdoch
Duopolies May be Left Behind in Dereg Push
NAB Is Selling Radio Out (Again)

SPECTRUM POLICY
Airwaves auction still faces challenge
Battle over 'white spaces' makes for strange bedfellows

INTERNET/BROADBAND
Dorgan, Snowe Call for Hearing on Content Discrimination
Cerf stepping down after 7 years heading Internet oversight group

DIGITAL CONTENT
Public Knowledge Proposes Six-Point Program for Copyright Reform
Fair-Use Fans Try to Bolster Copyright-Warning Challenge
Advocates: Gov't needs to push harder for e-health
Who's Afraid of Social Media?

ELECTIONS & MEDIA
First the Good News, Hillary

CABLE
F.C.C. Set to End Sole Cable Deals for Apartments

TELECOM
Verizon Rate Ruling May Hit Small Business

QUICKLY -- Votes deep into December; "An overwhelming need for
access"; Next e-Rate filing window opens Nov. 7; Where Does the
Right-Wing End and the Media Begin?; FCC Fines Three TV Stations for
Kids' TV Rules Violations

GOVERNMENT & COMMUNICATIONS

THE WIRETAP THIS TIME
[SOURCE: New York Times, AUTHOR: Studs Terket]
[Commentary] Earlier this month, the Senate Intelligence Committee
and the White House agreed to "immunize" American telephone companies
from lawsuits charging that after 9/11 some companies collaborated
with the government to violate the Constitution and existing federal
law. I am a plaintiff in one of those lawsuits, and I hope Congress
thinks carefully before denying me, and millions of other Americans,
our day in court. I have observed and written about American life for
some time. In truth, nothing much surprises me anymore. But I always
feel uplifted by this: Given the facts and an opportunity to act, the
body politic generally does the right thing. By revealing the truth
in a public forum, the American people will have the facts to play
their historic, heroic role in putting our nation back on the path
toward freedom. That is why we deserve our day in court.
http://www.nytimes.com/2007/10/29/opinion/29terkel.html?ref=todayspaper
(requires registration)

WHITE HOUSE TO LET COMMITTEE LEADERS SEE SURVEILLANCE DOCS
[SOURCE: The Hill, AUTHOR: Manu Raju]
The White House will allow Senate Judiciary Committee leaders to see
documents on the Bush administration's secret surveillance program in
an effort to win their support for legal immunity for
telecommunications firms that allegedly participated in the program.
The concession attempts to break a long impasse between Democrats and
the White House over whether Congress should be allowed to inspect
confidential documents that could explain why telephone companies
need retroactive protections from lawsuits. But Democrats and a key
Republican signaled Thursday that the Judiciary panel should have
access to the documents before voting on a bill that would provide
immunity and new oversight of warrantless surveillance. Telephone
companies face about 40 lawsuits from plaintiffs who accuse them of
giving private information to the government. The Bush administration
is trying to kill those suits by arguing that the companies acted in
the interest of national security. Critics say that if telephone
companies and the administration did nothing illegal, they should not
be absolved from litigation.
http://thehill.com/leading-the-news/white-house-to-let-committee-leaders...

DETAILS ON SURVEILLANCE RELEASED
[SOURCE: Wall Street Journal, AUTHOR: Evan Perez at evan.perez( at )wsj.com]
Telecommunications companies that assisted the government's
warrantless-surveillance program after the Sept. 11, 2001, terrorist
attacks relied on periodic letters bearing the legal endorsement of
the attorney general, and in one case the authorization of the White
House legal counsel, according to a Senate intelligence report
released Friday. The report, which accompanies and explains the
reasons behind the Senate Intelligence Committee's approval of an
update to the law that oversees government intelligence surveillance
activities, gives incremental new details of how the White House
deployed a now contentious program run by the National Security
Agency without seeking court warrants. The committee's update to the
Foreign Intelligence Surveillance Act, or FISA, contains a clause
granting legal immunity to telecom providers that assisted the
program, a measure that has met with strong opposition from other
members of Congress.
http://online.wsj.com/article/SB119344961574573627.html?mod=todays_us_pa...
(requires subscription)

SEN ROCKEFELLER, IT'S FOR YOU
[SOURCE: Washington Post, AUTHOR: Ellen Nakashima]
In 2005 and 2006 combined, the nation's largest telecommunications
companies, AT&T and Verizon, contributed $12,000 to Sen. John D.
Rockefeller IV (D-W.Va.). This year, they gave $47,350. Sen
Rockefeller chairs the Senate intelligence committee, a panel not
known for drawing telecom industry donations. But this month it
approved legislation that would wipe out about 40 pending lawsuits
charging the telecoms with violating Americans' privacy by
cooperating with the Bush administration's warrantless surveillance program.
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/28/AR200710...
(requires registration)

THE INFORMATION HIGHWAY PATROL
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] No one can envy the Department of Homeland Security its
multifarious responsibilities stretching from port security to
cyberspace. But surely the agency is obliged to respond fully to
Congressional inquiries about its murky plan to monitor government
and private communications in the name of protecting the information
infrastructure from terrorists. Details have been vague, but the plan
reportedly involves some 2,000 workers and the expertise of the
National Security Agency and other espionage specialists to guard the
Internet. It's no wonder members of Congress are curious, considering
the administration's subversive track record of domestic spying. The
nation remains unprepared for a major Internet crash, according to
the latest accountability report from Congressional monitors. A
proper defense obviously requires close cooperation from experts in
government and private industry. A bit of progress was noted in the
hiring of an assistant secretary to coordinate cybersecurity. But
Congressional monitors find the effort lagging, with a major reason
the private sector's mistrust of the leadership at the Department of
Homeland Security.
http://www.nytimes.com/2007/10/29/opinion/29mon4.html?ref=todayspaper
(requires registration)

OWNERSHIP

FCC APPROVES $24.7 BILLION ALLTEL BUYOUT
[SOURCE: Associated Press, AUTHOR: John Dunbar]
The Federal Communications Commission on Friday approved a $24.7
billion buyout of Alltel Corp., the nation's fifth-largest wireless
carrier, to a private investment group.
The agency approved the transfer of licenses held by Alltel to
Atlantis Holdings LLC, a holding company consisting of TPG Capital,
formerly Texas Pacific Group, and GS Capital Partners, a subsidiary
of Goldman Sachs. Little Rock, Ark.-based Alltel provides wireless
voice and data services to more than 12 million customers in 36
states. The company specializes in serving rural areas. In announcing
the approval, the agency said the transaction would not hurt
competition in the mobile telephone market. It also noted the
transaction will provide Alltel with fresh capital which will lead to
deployment of advanced wireless services in rural areas.
http://www.newsobserver.com/1566/story/750871.html
* FCC's Martin Plan Would Approve Alltel, AT&T Deals
A proposal by Federal Communications Commission Chairman Kevin Martin
would give the green light to two mergers awaiting agency approval in
exchange for the companies involved agreeing to substantial reform of
the Universal Service Fund. Alltel's $27.5 billion sale to two
private-equity groups and AT&T's $2.8 billion acquisition of Dobson
Communications would both be approved by the commission. But in order
to win FCC approval, the companies would have to agree to cap the
amount of money they receive from the Universal Service Fund to
subsidize the cost of offering cellular service to rural parts of the
country. Alltel is the largest recipient of money from the Universal
Service Fund and had previously been opposed to a cap on how much it
could receive.
http://money.cnn.com//news/newsfeeds/articles/djf500/200710261619DOWJONE...
* FCC press release
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277647A1.doc
* Order:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-185A1.doc
* Commissioner Copps: "While I cannot be pleased at the current
levels of concentration in the wireless industry, I do not see that
this transaction makes the situation any worse. I do, however, renew
my plea ... that the agency conduct a general rulemaking to assess
the public interest consequences of private equity firms holding
Commission licenses. I dissent, however, to the portion of the order
that imposes a cap on the high-cost universal service support the
company receives as a competitive eligible telecommunications carrier
.... piecemeal Universal Service Fund reform is actually
counter-productive to the far more important goal of rationally
implementing comprehensive reform."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-185A2.doc
* Commissioner Adelstein: "The Order curiously requires that ALLTEL
immediately meet E-911 Public Safety Answering Point (PSAP)-level
compliance as a condition precedent for exemption from the freeze on
ALLTEL's level of universal service support. This "Jack in the Box"
surprise requirement that suddenly sprung up appears as an illogical
afterthought."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-185A3.doc
* Commissioner McDowell: "I am pleased to support the transfer of
control of ALLTEL Corporation given the significant benefits to
wireless consumers and the citizens in Arkansas. However, I am
concerned regarding the "voluntary" conditions agreed to by the
applicants. Imposing conditions pertaining to high cost universal
service support and Enhanced 911 (E911) deployment are not merger
specific, are unnecessary at this time, and may prejudice ongoing
Commission deliberations."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-185A4.doc

IN DEFENSE OF RUPERT MURDOCH
[SOURCE: Slate, AUTHOR: Jack Shafer]
[Commentary] As bad as Murdoch is, he's not as bad as some people
make him out to be -- people like Federal Communications Commission
member Michael J. Copps. But Commissioner Copps neglects to
acknowledge Murdoch's never-ending role in increasing media
competition and media diversity. For example, the main reason there
are four big broadcast networks for Copps to complain about is
somebody staked billions to establish and build the fourth network,
Fox. That somebody would be Rupert Murdoch. You might not like what
Fox offers but you can't accuse Murdoch of reducing viewer choice.
Murdoch's Fox network so rattled the power of the traditional Big
Three networks that a fifth (the WB) and a sixth (UPN) entered the TV
fray after Fox. When the WB and UPN merged into the CW in 2006,
Murdoch started yet another network to expand choice, the oddly named
(and awful) MyNetworkTV. Murdoch also owns the New York Post -- but
at an annual loss of $15 million to $30 million. If Copps were a true
fan of diversity, he'd be handing Murdoch a plaque thanking him for
increasing media diversity by subsidizing a conservative tabloid in
the New York market, which has voted consistently over the last 30
years that it really doesn't want to support such a sheet.
http://www.slate.com/id/2176724/

DUOPOLIES MAY BE LEFT BEHIND IN DEREG PUSH
[SOURCE: tvnewsday, AUTHOR: Harry A. Jessell, hajessell( at )tvnewsday.com]
[Commentary] Amid the renewed uproar over media consolidation,
Federal Communications Commission Chairman Kevin Martin will likely
jettison consideration of small-market duopolies to get what he
really wants -- elimination of the broadcast-newspaper crossownership
rule. That's as it should be. Repeal of the crossownership ban is
long overdue -- and increasingly necessary. At the very least, the
FCC has to take care of Tribune so it can go private, either by
granting waivers or by repealing the rule in large markets. Standing
in the way of Tribune's deal would be unconscionable, and I think
everybody on the commission -- even Michael Copps -- knows that. But
it's a shame that Martin will have to sacrifice action on
small-market duopolies for the sake of the newspapers because of
ill-informed outrage over media consolidation. The fact is there are
plenty of small-market duopolies today and there's evidence that the
small-market duopolies are not bad things, but simply natural
marketplace responses to fragmenting audiences and shrinking margins.
They have strengthened small-market broadcasting, not weakened it. No
doubt, some of these so-called virtual duopolies have resulted in the
loss of independent news voices in their markets. One newsroom
produces news for two stations. But in most cases the lost
independent voice was the third- or fourth-rated newscast in the
market and doomed anyway. Listen to the media critics at the public
hearings. They want diversity of viewpoints, they want aggressive and
honest reporting, they want insightful analysis and they want bold
commentary. The broadcasters' argument is that government cannot
deliver any of those things. In fact, government, by its nature, is
hostile to those goals. That's why we have a First Amendment -- to
protect media from government. In sort of an unplanned, messy, random
fashion, Washington has dealt with the media ownership issue in
exactly the right way over the past quarter century. It has gradually
relaxed broadcast ownership restrictions in a series of widely spaced
FCC and congressional actions, giving the country time to absorb each
of the changes and giving broadcasters a chance to meet the competition.
http://www.tvnewsday.com/articles/2007/10/26/daily.4/

NAB IS SELLING RADIO OUT (AGAIN)
[SOURCE: me*dia*or, AUTHOR: Jerry Del Colliano]
[Commentary] don't take any pleasure having to say this, but the
National Association of Broadcasters is selling radio out -- again.
The trade organization is siding with big money, big broadcasters and
those interested in further consolidation. Consolidation has been a
spectacular success and has made the radio industry more vital, more
relevant, more vibrant and better able to compete with new media such
as interactive and mobile. Wait...wait... That's what consolidation
should have been. Here's what it is: Consolidation is a spectacular
failure and has made the radio industry myopic -- losing sight of the
vital next generation while enabling greedy broadcasters to have a
virtual monopoly over what once was a pretty successful local medium.
It has fired or laid off hundreds if not thousands of dedicated and
talented radio people and likely will have to trim even more jobs as
the consolidators can't seem to make their monopoly work. The only
answer? More monopoly. And the NAB, which was there for the big money
people before, is at-the-ready again.
http://archive.mediaor.com/post/17214444

SPECTRUM POLICY

AIRWAVES AUCTION STILL FACES CHALLENGE
[SOURCE: Associated Press, AUTHOR: John Dunbar]
Verizon Wireless has dropped its court challenge against the
government's consumer-friendly rules governing an upcoming airwaves
auction -- but it's a bit early for supporters of the plan to declare
victory. Verizon Wireless dropped its complaint because a court
denied the company's request for a speedy review of the case. On the
same day, CTIA -The Wireless Association filed its own suit. CTIA
argues that the government-mandated open access provisions are
unnecessary in a competitive wireless market and that the Federal
Communications Commission's mandate is built upon "an irrational and
inconsistent foundation." Despite the fact that one portion of CTIA's
complaint contains language nearly identical to the Verizon Wireless
suit, the company and the trade association say the events are not connected.
http://seattletimes.nwsource.com/APWires/tech/D8SH71MG1.html

BATTLE OVER 'WHITE SPACES' MAKES FOR STRANGE BEDFELLOWS
[SOURCE: The Hill, AUTHOR: Kevin Bogardus ]
It's not often that Broadway theaters and heartland mega-churches
find themselves on the same side of an issue. But a proceeding by the
Federal Communications Commission (FCC) has drawn the two together in
an intense lobbying battle that also includes some of America's most
powerful computer companies and its biggest broadcasters. In filings
with the FCC over the last year, theater producers and pastors of
1,000-plus member churches have weighed in about a proposed
rulemaking regarding "white spaces" -- unused parts of the spectrum
that would be typically occupied by television frequencies. Computer
and software giants like Google and Microsoft are working on
developing portable devices that would utilize white spaces to
broadcast Internet signals, potentially bringing broadband access to
rural areas and strengthening networks at home and in the office. But
allowing those devices onto the spectrum could have some unintended
consequences like disabling the wireless microphones that mega-church
pastors "rely on to communicate our spiritual message effectively and
keep up with the demands of our membership," according to a public
comment filed with the FCC earlier this month on the behalf of large
worship houses. A theater trade association, meanwhile, said in its
letter to the FCC that "Broadway would be quickly paralyzed" if the
new devices interfered with their microphones.
http://thehill.com/the-executive/battle-over-white-spaces-makes-for-stra...
* The Unending 'White Spaces' Debate
http://www.broadcastingcable.com/article/CA6494948.html

INTERNET/BROADBAND

DORGAN, SNOWE CALL FOR HEARING ON CONTENT DISCRIMINATION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The term "network neutrality" never came up in their letter, but Sens
Byron Dorgan (D-ND) and Olympia Snowe (R-Maine) called on Senate
Commerce Committee Chairman Daniel Inouye (D-Hawaii) to hold a
hearing on possible "service discrimination" by cable and telco
providers. The senators said the committee needs to determine whether
the various actions -- blocking access to text messages and anti-Bush
lyrics, for example -- "were based on legitimate business and
network-management policies or part of practices that would be deemed
unfair and anticompetitive."
http://www.broadcastingcable.com/article/CA6494909.html?rssid=193
* Senators Call For Net Neutrality Hearing
http://www.webpronews.com/topnews/2007/10/26/senators-call-for-net-neutr...

INTERNET PIONEER CERF STEPPING DOWN AFTER 7 YEARS HEADING INTERNET
OVERSIGHT GROUP
[SOURCE: Associated Press]
In the 1970s, Vint Cerf played a leading role in developing the
Internet's technical foundation. For the past seven years, he's faced
the more daunting task of leading the Internet Corporation of
Assigned Names and Numbers, a key agency that oversees his creation.
After fending off an international rebellion and planting the seeds
for streamlining operations, Cerf is stepping down this week as
chairman. "My sentence is up," Cerf said with his characteristic
sense of humor, which he and others credit for helping him steer the
organization through several high-profile battles from which it
emerged more stable and stronger. Under Cerf, the organization
withstood power struggles and ballooned in size. It also has shown
signs of movement on key issues: After years of debate, for instance,
it is now beginning to create mechanisms for more easily adding
Internet addresses, including domain names in languages besides
English. The short list of potential successors includes
telecommunications expert Roberto Gaetano and lawyer Peter Dengate
Thrush. Both have been active with ICANN, but neither has Cerf's name
recognition or long-standing ties to the Internet.
http://www.siliconvalley.com/latestheadlines/ci_7310187

DIGITAL CONTENT

PUBLIC KNOWLEDGE PROPOSES SIX-POINT PROGRAM FOR COPYRIGHT REFORM
[SOURCE: Public Knowledge]
Saying that copyright law has "become out of touch with our
technological reality to the detriment of creators and the public,"
Public Knowledge President Gigi B. Sohn today unveiled a new program
for copyright reform that will be more responsive to new innovations.
Sohn said that "in an ideal world, we would start from scratch and
create a new copyright regime less tied to the printing press model."
But as that isn't possible now, Sohn proposed six "more modest
changes" that will return "some badly needed balance" to the law. 1)
Fair Use Reform. The existing four-part legal test for fair use
should be expanded to add incidental, transformative and
non-commercial personal uses of content. In addition, Congress should
provide that making a digital copy of a work for indexing searches is
not an infringement. 2) Limits on Secondary Liability. The 1984 Sony
Betamax decision by the U.S. Supreme Court protecting a manufacturer
of technology from liability as long as the technology has
"substantial non-infringing use" should be codified. 3) Protections
Against Copyright Abuse. The Digital Millennium Copyright Act (DMCA)
should be expanded to deter copyright holders from filing frivolous
requests that material be taken down from a web site. Congress should
provide legal relief for legitimate users of a work should copyright
owners overstate their rights. 4) Fair and Accessible Licensing.
Congress should simplify the Byzantine world of obtaining rights to
use a musical work, and should require broadcasters to pay
performance royalties as satellite and Internet radio do. 5) Orphan
Works Reform. Congress should limit damages for the use of works for
which a copyright can not be found after a good-faith search. In
addition, competitive visual registries should be established to
protect visual artists and photographers. 6) Notice of Technological
and Contractual Restrictions on Digital Media. Copyright holders
should be required to provide clear and simple notice to consumers of
any technological or contractual limitations on a consumer's ability
to make fair use or other lawful use of a product. There would be
legal consequences if that notice isn't followed.
http://www.publicknowledge.org/node/1245
* Public Knowledge Sets New Program for Copyright Reform
http://www.publicknowledge.org/node/1246

FAIR-USE FANS TRY TO BOLSTER COPYRIGHT-WARNING CHALLENGE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Home Recording Rights Coalition this week sought to bolster the
complaint at the Federal Trade Commission against studios, sports
leagues, record labels and book publishers over the copyright
warnings on their content, and to encourage the FTC to open an
investigation into copyright warning labels.
http://www.broadcastingcable.com/article/CA6494720.html?rssid=193

ADVOCATES: GOV'T NEEDS TO PUSH HARDER FOR E-HEALTH
[SOURCE: InfoWorld, AUTHOR: Grant Gross]
The U.S. government needs to step up its push for electronic health
records because they are not being adopted quickly enough, a group of
health advocates said Friday. U.S. healthcare providers continue to
make errors that hurt tens of thousands of patients each year, and
e-health records could prevent many of those problems, said Dr. Alan
Lotvin, senior vice president of oncology for Magellan Health
Services Inc. The U.S. healthcare system is failing patients "despite
the fact we have the knowledge and the technology to really do a
much, much better job." About 3.5 percent of all U.S. hospital stays
have a drug error associated with them, leading to more than 100,000
significant medical problems and nearly 30,000 deaths each year, said
Lotvin, speaking at an e-health forum sponsored by the Information
Technology and Innovation Foundation (ITIF) and the Health IT Now
Coalition. U.S. residents should have a "sense of outrage" when
confronted with these prescription errors, which would largely be
prevented with e-health records, Lotvin said. He compared the U.S.
health-care system's record to Amazon.com, which received 2,000
orders per minute during the 2005 holiday shopping season.
http://www.infoworld.com/article/07/10/26/Government-needs-to-push-harde...

WHO'S AFRAID OF SOCIAL MEDIA?
[SOURCE: The Huffington Post, AUTHOR: Anna Papadopoulos]
[Commentary] The mores of marketing in the social media environment
requires advertisers to behave in a manner that it counterintuitive
to how they have traditionally behaved. In traditional advertising,
the advertiser interrupts, talks at prospects, doesn't listen and
hides behind big production commercials. Conversely, in the social
media space, advertisers need to listen more than they talk, they
need to react to the feedback they receive (in fact, they need to
allow and encourage the feedback) and they need to keep their message
simple and genuine. There's no hiding in this space. So, why would an
advertiser take this risk when playing it safe is so much easier? No
one gets fired for playing it safe, right? Wrong. The advertising
landscape is changing and marketers who behave like it's 1999 are
going to get left behind. The rules of future communication,
regardless of the medium, are going to look a lot more like social
media communication than traditional models. Brands that are going to
survive are going to have a sold foundation to stand on. And if they
don't, they will be called out on it regardless of their
participation in the social media space. The good news is that the
space is wide open for the taking. However, entering the social media
space for marketers is a lot like running for political office: any
dirty laundry will quickly be revealed. Therefore, marketers need to
understand their brand(s) and be prepared to learn even more. They
also need to have tough skin, because honestly can be brutal. But out
of this will develop the holy grail of communication, which is a
relationship with a customer or prospect, and then, social media will
not seem like such a big, scary monster for either party.
http://www.huffingtonpost.com/anna-papadopoulos/whos-afraid-of-social-me...

ELECTIONS & MEDIA

FIRST THE GOOD NEWS, HILLARY
[SOURCE: Washington Post, AUTHOR: Howard Kurtz]
According to a new report from the Project for Excellence in
Journalism, in the first five months of 2007, 17 percent of media
coverage about the Presidential election were about Sen Hillary
Clinton, followed by Sen Barack Obama (14 percent), Rudy Giuliani (9
percent), Sen John McCain (7 percent) and Mitt Romney (5 percent).
Everyone else was a relative blip. The two front-runners, Clinton and
Giuliani, achieved a rough parity: 37 percent of the stories about
them were negative and 27 percent positive, with the rest neutral.
Overall, though, the Democratic candidates drew more positive stories
(35 percent) than the Republicans (26 percent). That, says the
Washington-based research group -- which conducted the study with
Harvard's Shorenstein Center -- was almost entirely due to the
friendly coverage accorded Obama (47 percent positive) and the
heavily negative treatment of McCain (12 percent positive). The
project examined coverage by newspapers (The Washington Post, New
York Times, Los Angeles Times, Wall Street Journal, USA Today and
several smaller ones); network morning and evening broadcasts; cable
news shows; radio programs, including those of Rush Limbaugh, Sean
Hannity and Ed Schultz; and such major Web sites as Yahoo and AOL.
The positive and negative assessments have little to do with the
candidates' stances on Iraq, health care or taxes, or even a
rudimentary judgment on whether they would make a good president.
Instead, the tone is a measure of their standing in the polls. When
Obama was hot, reporters kept repeating the words "rock star" like a
mantra; now that the Illinois senator is way behind, he is seen as
badly out of tune.
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/28/AR200710...
(requires registration)
* Campaign Coverage Still Focuses On 'Horse Race,' Says Study
News coverage of the 2008 presidential campaign has centered
predominantly on just five candidates, offered very little
information about their public records or what they would do in
office, and focused more than 60% of stories on political and
tactical aspects of the race, according to a joint study released Monday.
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...
* The Invisible Primary -- Invisible No Longer
http://www.journalism.org/node/8187

CABLE

FCC SET TO END SOLE CABLE DEALS FOR APARTMENTS
[SOURCE: New York Times, AUTHOR: Stephen Labaton]
The Federal Communications Commission, hoping to reduce the rising
costs of cable television, is preparing to strike down thousands of
contracts this week that gave individual cable companies exclusive
rights to provide service to an apartment building, the agency's
chairman says. The new rule could open markets across the country to
far-ranging competition. It would also be a huge victory for Verizon
Communications and AT&T, which have challenged the cable industry by
offering their own video services. The two companies have lobbied
aggressively for the provision. They have been supported in their
fight by consumer groups, satellite television companies and small
rivals to the big cable providers. Commission officials and consumer
groups said the new rule could significantly lower cable prices for
millions of subscribers who live in apartment buildings and have had
no choice in selecting a company for paid television. Government and
private studies show that when a second cable company enters a
market, prices can drop as much as 30 percent. The change, which is
set to be approved Wednesday, is expected to have a particular effect
on prices for low-income and minority families. They have seen cable
prices rise about three times the rate of inflation over the last
decade. A quarter of American households live in apartment buildings
housing 50 or more residents, but 40 percent of households headed by
Hispanics and African-Americans live in such buildings.
http://www.nytimes.com/2007/10/29/business/media/29cable.html?hp
(requires registration)

TELECOM

VERIZON RATE RULING MAY HIT SMALL BUSINESS
[SOURCE: Wall Street Journal, AUTHOR: Corey Boles corey.boles( at )dowjones.com]
Small businesses in Boston, New York and four other East Coast
markets could face billions of dollars in added telecom costs if
regulators grant a Verizon Communications Inc. request allowing it to
charge competing phone companies much more to lease access to its
network, critics of the proposal say. The Federal Communications
Commission must vote by the end of the year on an attempt by Verizon
to be excused from several FCC rules in the commercial
telecommunications market. The company has argued there is sufficient
competition in the six East Coast markets in question and therefore
it should be excused from the regulations. The markets are Boston,
New York City, Philadelphia, Pittsburgh, Providence, R.I., and
Virginia Beach, Va. Under the current regulations, Verizon is forced
to charge rates that are significantly lower than what it would
likely charge in an open market. Smaller companies such as XO
Communications, which argue the FCC shouldn't consider granting such
a request, say it will result in Verizon increasing its dominant
position at the expense of competition. XO competes against Verizon
in Boston, New York, Pittsburgh and Philadelphia. In a study for XO,
QSI Consulting Inc., based in St. Louis, said if the FCC grants the
relief, small business customers could face an increase of 20% to 30%
in the rates they pay for phone and Internet service. QSI compared
the rates Verizon currently charges competitive carriers to use its
facilities to the amounts it could increase its prices to calculate a
roughly $2.4 billion a year increase. The differences range from $85
million annually in Providence to $1.37 billion in New York City.
http://online.wsj.com/article/SB119362252004574473.html?mod=todays_us_pa...
(requires subscription)

QUICKLY

VOTES DEEP INTO DECEMBER
[SOURCE: The Hill, AUTHOR: Jackie Kucinich]
For any Washington watchers trying to plan their holidays... the new
House schedule calls for votes potentially through Nov. 17, the
Saturday before Thanksgiving. The lower chamber will then reconvene
on Dec. 4, with leadership hoping that Dec. 11 will be the last week
of the session. However, the e-mail notes that "there is a chance the
House would reconvene the following week, Dec. 18-20 to complete its
business." House Majority Leader Steny Hoyer (D-MD) said that there
will be no votes during Mondays and Fridays in December [those are
key shopping days], adding that no legislation will be "initiated"
after Nov. 16. Instead, votes after that date will solely be on
appropriations measures and conference reports. The House is likely
to return from winter recess on Jan. 15, 2008.
http://thehill.com/leading-the-news/votes-deep-into-december-2007-10-26....

"AN OVERWHELMING NEED FOR ACCESS"
[SOURCE: Lasar's Letter on the FCC, AUTHOR: Matthew Lasar]
A Q&A with Libby Reinish, Full Power Coordinator for the Prometheus
Radio Project. Prometheus helped hundreds of applicants make their
way through the formidable process of identifying and filling out the
Federal Communications Commission's complex forms for Non-Commercial
Educational (NCE) radio stations.
http://www.lasarletter.net/drupal/node/492

NEXT E-RATE FILING WINDOW OPENS NOV 7
[SOURCE: eSchool News, AUTHOR: Laura Devaney]
The filing window for the 2008 e-Rate funding cycle--the eleventh
cycle of the $2.25 billion-a-year federal program that provides
funding for telecommunications and Internet to schools and
libraries--will open at noon on Nov. 7, 2007.
http://www.eschoolnews.com/news/showstoryts.cfm?Articleid=7448
-- See also --
* Commitments for Funding Year 2007
Funding Year 2007. USAC will release FY2007 Wave 26 Funding
Commitment Decision Letters (FCDLs) October 30. This wave will
include commitments for approved Internal Connections and Basic
Maintenance requests at 83% and above. As of October 26, FY2007
commitments total just over $1.62 billion. On the day after the FCDLs
are mailed, you can check to see if you have a commitment by using
USAC's Automated Search of Commitments tool.
http://www.usac.org/sl/tools/search-tools/search-commitments/?WT.mc_id=s...

WHERE DOES THE RIGHT-WING END AND THE MEDIA BEGIN?
[SOURCE: AlterNet, AUTHOR: Rory O'Connor]
[Commentary] A Q&A with Economist and New York Times columnist Paul
Krugman includes his opinions on truth and lies in the newsroom ("The
Big Lies are all on the right"), media bias ("A large part of it is
in fact right-wing bias, because they are effectively part of the
right wing") and corporate pressure ("It's very clear that when the
parent companies of the major news sources have issues at stake
before the federal government ... this definitely influences the coverage.)
http://www.alternet.org/mediaculture/65870/

FCC FINES THREE TV STATIONS FOR KIDS' TV RULES VIOLATIONS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The FCC's Media Bureau Friday proposed fining KTBY-TV (Anchorage,
Alaska), Freedom Broadcasting's KFDM-TV (Beaumont, Texas) and
Southwest Media's KCSG-TV (Cedar City, Utah) for violating children's
television rules. KTBY-TV got hit with the biggest fine -- $20,000 --
for exceeding the FCC's limits on commercials in kids' shows a total
of 38 times, including three overages of 15 seconds and 35 of 30
seconds. The station also failed to publicize the existence of its
public reports on compliance, except where it obviously didn't, with
the commercial limits and other kids'-TV rules. KFDM was fined for
airing a program-length commercial and KCSG for failure to file or
publicize various reports about commercial compliance and other issues.
http://www.broadcastingcable.com/article/CA6494816.html?rssid=193
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