December 2007

POLICYMAKERS/AGENDA
FCC 12/18 Open Meeting Agenda
House Judiciary Committee Postpones Media-Ownership and Diversity Hearing
Pressure On FCC Spurs Changes At Agency
Martin Answers Dingell on FCC Operations
Creditors Sue FCC Chairman=92s Top Aide in Seattle Court

MEDIA OWNERSHIP
Prometheus Radio Project Against Martin=92s Cross-Ownership Loosening
Unions Tell FCC Not to Hold Ownership Vote Yet
NAB: Martin=92s Newspaper-Broadcast Cross-Ownership Changes Not Enough
TV Groups Ask FCC Not to Affirm Duop Rule
FCC OKs Sale of Meridian (MS) Duopoly
Martin=92s FCC Ready To Impose 30% Cable Ownership Cap

DTV TRANSITION
GAO says U.S. lacks plan for digital TV switch (Again!)
NTIA OKs Retailers For DTV Coupon Program

INTERNET/BROADBAND
AT&T dials up monthly cost of old-fashioned Internet access

GOVERNMENT & COMMUNICATIONS
Secret U.S. Intelligence Court Intends To Keep Wiretap Rulings Under Wraps
Panelists: Many gov't Web sites hard to navigate

QUICKLY -- NCTA Begins Challenge Of Apartment=20
Building Order; Suspicions in U.S. That China Has Put Ban on Hollywood Films

POLICYMAKERS/AGENDA

FCC 12/18 OPEN MEETING AGENDA
[SOURCE: Federal Communications Commission]
The Federal Communications Commission will hold=20
an Open Meeting on Tuesday, December 18, 2007 at=20
10:30 a.m. in Room TW-C305, at 445 12th Street,=20
S.W., Washington, D.C. The Commission is waiving=20
the sunshine period prohibition until 5:30 pm on=20
Friday, December 14, 2007. Thus, presentations=20
with respect to agenda items will be permitted=20
until that time. The FCC will consider: 1) the=20
12th Competitive Market Conditions with Respect=20
to Commercial Mobile Services, 2) satellite=20
digital audio radio service (SDARS), 3) new media=20
ownership rules, 4) initiatives designed to=20
increase participation in the broadcasting=20
industry by new entrants and small businesses,=20
including minority- and women-owned businesses,=20
5) trends in embedded advertising and the=20
efficacy of the current sponsorship=20
identification rules with regard to embedded=20
advertising, 6) the Broadcasting Localism=20
proceeding, and 7) cable ownership limits. Sounds like fun.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278874A1.doc
* Media Ownership Is on Dec. 18 FCC Agenda
http://www.broadcastingcable.com/article/CA6512053.html?rssid=3D193

HOUSE JUDICIARY COMMITTEE POSTPONES MEDIA-OWNERSHIP AND DIVERSITY HEARING
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The House Judiciary Committee postponed today's=20
planned hearing on media ownership and diversity.=20
The committee gave no reason, although a staffer=20
said it could be rescheduled for as early as next=20
week or, more likely, sometime in early January.=20
If Federal Communications Commission Chairman=20
Kevin Martin has his way, by early January, the=20
FCC will be done with the media-ownership review,=20
having voted to loosen the newspaper-broadcast=20
cross-ownership rules and adopted a host of items=20
he said will help minority and women broadcasters.
http://www.broadcastingcable.com/article/CA6512048.html?rssid=3D193

PRESSURE ON FCC SPURS CHANGES AT AGENCY
[SOURCE: Technology Daily, AUTHOR: David Hatch]
Increased Federal Communications Commission=20
oversight by Democratic lawmakers in both=20
chambers is beginning to prompt changes at the=20
Republican-led agency, as evidenced by two=20
announcements that preceded a high-profile=20
hearing this week before a House panel. On the=20
eve of the session, the agency said that for the=20
first time it would begin publicly disclosing=20
regulatory proposals that are "on circulation,"=20
meaning that they are being reviewed by the FCC's=20
five regulators. Circulated items originate with=20
FCC Chairman Kevin Martin, a Republican, and are=20
shared with his colleagues. In a Tuesday=20
statement, the FCC said it had informed Congress=20
on Nov. 30 that it plans "to take steps to ensure=20
equal access to information." But questions were=20
being raised about the value of the disclosures=20
because few details are provided, rendering the information useless to some.
http://www.njtelecomupdate.com/2007/12/pressure_on_fcc_spurs_changes.html

MARTIN ANSWERS DINGELL ON FCC OPERATIONS
[SOURCE: Federal Communications Commission]
Federal Communications Commission Chairman Kevin=20
Martin responded this week to a letter he=20
received earlier in the month from Rep. John D.=20
Dingell (D-MI), Chairman of the Committee on=20
Commerce. In his letter, Chairman Dingell raised=20
concerns about a breakdown in proper procedure at=20
the FCC and launched an inquiry by the=20
Subcommittee on Oversight and Investigations to=20
ensure that the agency=92s processes are fair,=20
open, and transparent and serve the public=20
interest. Dingell requested a firm commitment=20
from Chairman Martin to publish proposed rules in=20
advance of Commission meetings, provide=20
sufficient time to review proposed orders and=20
rules, and provide Commissioners with all of the=20
relevant information on which proposed orders and=20
rules are based. In a 15 page response, Chairman=20
Martin said 1) federal law does not require the=20
Commission to publish the exact text of a=20
proposed rule, 2) he already provides fellow=20
commissioners with all the relevant information=20
he determines they need to make decisions, 3)=20
fellow commissioners have ample time to make=20
decisions, 4) fellow commissioners will be given=20
3 weeks notice of items up for consideration at=20
monthly meetings, 5) the Commission requires all=20
of its bureaus and offices to retain official=20
items created or received by the agency.
http://energycommerce.house.gov/Press_110/110nr138.shtml
* Martin Won't Commit to Release Rule Change Texts
Chairman Dingell, who has called the FCC process=20
"broken," was "disappointed that Martin would not=20
commit outright to putting the text of proposed=20
rules out for notice and comment," a committee spokesman said.
http://www.broadcastingcable.com/article/CA6512025.html?rssid=3D193
* Martin To Dingell: No Early Release of Rules
http://www.multichannel.com/article/CA6512036.html?rssid=3D196
* FCC's Martin Defiant in Response to Agency Critics
[SOURCE: Associated Press]
Federal Communications Commission Chairman Kevin=20
Martin defended his leadership Tuesday in=20
response to growing concerns over the rule-making=20
process at the agency. In a letter sent to Rep.=20
John Dingell (D-MI) in response to a demand from=20
the lawmaker to answer a series of questions=20
about FCC procedures, Martin was largely defiant.=20
He offered little new information other than to=20
reiterate minor changes to the way the agency=20
conducted its business that were initially=20
announced last week. He said he already provides=20
FCC commissioners with all the relevant data they=20
need to decide on matters. And he said=20
commissioners were given sufficient time to come=20
to a decision on matters that he intends to seek=20
a vote on, both at public meetings and outside of the meeting forum.
http://ca.biz.yahoo.com/ap/071211/fcc_martin.html?.v=3D1

CREDITORS SUE FCC CHAIRMAN'S TOP AIDE IN SEATTLE COURT
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
Daniel Gonzalez, FCC chairman Kevin Martin=92s=20
chief of staff, has been sued in state court by a=20
pair of creditors stemming from his involvement=20
with a Seattle-based oil and gas company under=20
federal investigation for allegedly operating a=20
$54 million Ponzi scheme. Gonzalez, who has been=20
on Martin=92s personal staff since February 2002,=20
became FCC chief of staff in April 2005 just a=20
month after President Bush gave Martin the title=20
of chairman. Martin has run the FCC by relying on=20
a rigid, top-down management style enforced by=20
Gonzalez with unhappy results for some senior FCC=20
officials viewed as hostile to Martin=92s goal of=20
administering strong regulatory medicine to cable=20
operators. Gonzalez was sued in his capacity as a=20
director of MCube Petroleum, which had been=20
seeking investors to fund oil and gas drilling in=20
Indonesia. Former MCube CEO Robert Miracle, a=20
co-defendant with Gonzalez in the same suit, is=20
being investigated by the Internal Revenue=20
Service for allegedly operating a Ponzi scheme=20
that involved 200 investors and about $54 million.
http://www.multichannel.com/article/CA6512070.html?rssid=3D196

MEDIA OWNERSHIP

PROMETHEUS RADIO PROJECT AGAINST MARTIN'S CROSS-OWNERSHIP LOOSENING
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Prometheus Radio Project, which filed suit=20
against the Federal Communications Commission's=20
2003 attempt to deregulate, isn't happy with FCC=20
Chairman Kevin Martin's proposal to limit further=20
deregulation to loosening the newspaper-broadcast=20
cross-ownership ban either. In a filing to the=20
FCC Tuesday -- the date by which Martin wanted to=20
receive comments on his proposal -- Prometheus=20
said the "very viability" of the newspaper=20
business was not at stake, as the chairman and=20
other supporters of loosening the ban had argued.=20
The filing argues that newspapers and stations=20
can get the benefits of sharing resources without=20
taking the next step of common ownership and the=20
Martin proposal will end up hurting minority media ownership.
http://www.broadcastingcable.com/article/CA6511367.html?rssid=3D193
* Prometheus Radio Project: "Nearly half of the=20
TV stations owned by people of color are in the=20
top 20 markets, and not one of them is in the top=20
four of their markets. Thus, almost every one of=20
those stations will be in the cross-hairs as=20
potential acquisition targets. The dearth of=20
minority ownership will be even worse if the FCC=20
ultimately votes to go further than the Chairman=92s current plan."
http://www.mediaaccess.org/filings/2007-12-11-PrometheusOwnershipComment...
df

UNIONS TELL FCC NOT TO HOLD OWNERSHIP VOTE YET
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The American Federation of Television and Radio=20
Artists and the Communications Workers of America=20
told the Federal Communications Commission that=20
it should not vote Dec. 18 on a proposed=20
loosening of the newspaper-broadcast=20
cross-ownership rules. The unions said they would=20
prefer retaining the current ban on=20
newspaper-broadcast cross-ownership, but they=20
could live with a modification of FCC Chairman=20
Kevin Martin's proposed loosening of the ban so=20
long as there were modifications to "ensure that=20
any permitted combinations would not violate the=20
FCC's policy goals of diversity, competition and=20
localism," including requiring separate newsrooms and editorial staffs.
http://www.broadcastingcable.com/article/CA6512054.html?rssid=3D193
* AFTRA/CWA press release:
http://www.aftra.org/press/pr_2007_12_11_aftra_cwa_review.html

NAB: MARTIN'S NEWSPAPER-BROADCAST CROSS-OWNERSHIP CHANGES NOT ENOUGH
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The National Association of Broadcasters told the=20
Federal Communications Commission it should do=20
more for broadcasters than simply modifying the=20
ban on newspaper-broadcast cross-ownership. In=20
comments on FCC chairman Kevin Martin's proposal=20
to lift the ban in the top 20 markets for=20
stations rated below the top four, the NAB said=20
that was the least it could do, adding that a=20
"more extensive revision" is supported by a=20
"voluminous record" supporting the NAB's=20
contention that the ban is "no longer in the=20
public interest." The NAB also took issue with=20
the chairman's view that no further deregulation=20
is warranted, saying it "strongly believes that=20
the Nov. 13 proposal does not reflect current=20
video-marketplace realities because it makes no=20
changes to the existing television-duopoly rule"=20
and favors loosening radio-ownership rules, as well.
http://www.broadcastingcable.com/article/CA6512047.html?rssid=3D193

TV GROUPS ASK FCC NOT TO AFFIRM DUOP RULE
[SOURCE: tvnewsday, AUTHOR: ]
A coalition of TV station groups operating in=20
smaller TV markets is asking the Federal=20
Communications Commission not to affirm the=20
so-called duopoly rule that restricts common=20
ownership of two top-rated stations in small=20
markets. The coalition is alarmed by FCC Chairman=20
Kevin Martin=92s proposal to relax the=20
newspaper-broadcast crossownership rule, but to=20
make "no changes" on other ownership rules. The=20
coalition says its doesn't mind if the FCC sets=20
aside consideration of the duopoly rule as long=20
as it doesn't find that the rule is still in the=20
public interest. =93That conclusion would be=20
contrary to law and the factual record =85 and=20
would sacrifice the interests of the pubic that=20
the smaller-market stations serve,=94 the coalition=20
argues. =93The record shows that the economic=20
viability of smaller market television stations=20
is often fragile and deteriorating, and therefore=20
all three goals of the duopoly rule=97promoting=20
diversity, localism and competition=97would be=20
served, not harmed, by the commission=92s reforming=20
the rule in recognition of the drastically=20
changed media marketplace,=94 the coalition says.=20
=93Station combinations have allowed formerly=20
struggling stations across the country to invest=20
more in local programming, provide more=20
technologically advanced services and increased local news coverage."
http://www.tvnewsday.com/articles/2007/12/11/daily.14/
* Small-Market TV Stations to FCC: Loosen TV-Duopoly Rules
http://www.broadcastingcable.com/article/CA6512068.html?rssid=3D193

FCC OKAYS SALE OF MERIDIAN (MS) DUOPOLY
[SOURCE: tvnewsday]
The Federal Communications Commission has granted=20
two related deals that will permit the=20
continuance of a CBS-NBC duopoly in Meridian=20
(MS), the 186th ranked TV market. CBS affiliate=20
WMDN has been operating crosstown NBC affiliate=20
WGBC under a Local Marketing Agreement (LMA)=20
since 1995. The owners of both stations asked the=20
FCC last August for permission to sell the stations in two separate deals.
http://www.tvnewsday.com/articles/2007/12/11/daily.8/

MARTIN'S FCC READY TO IMPOSE 30% CABLE OWNERSHIP CAP
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
The Federal Communications Commission is planning=20
to vote Dec. 18 to revive a rule that would=20
prevent any cable company from serving more than=20
30% of pay-TV subscribers nationally. Chairman=20
Kevin Martin wants to impose the cap to frustrate=20
Comcast=92s ability to make a big acquisition. With=20
26.1 million subscribers and 27% market share=20
under FCC rules, Comcast could likely acquire=20
Cablevision=92s 3.1 million subscribers but=20
probably not Charter=92s 5.3 million subs. Time=20
Warner Cable, with 13.3 million subscribers or=20
14% of the 96.9 million pay-TV subscriber=20
universe, has a lot more headroom under the cap=20
than Comcast. The cable ownership cap is also=20
about Martin=92s dogged campaign to inflict=20
regulatory harm on cable operators and=20
programmers until the industry agrees to Martin=92s=20
demand that all cable channels should be sold in an a la carte menu.
http://www.multichannel.com/article/CA6512059.html?rssid=3D196

DTV TRANSITION

GAO SAYS US LACKS PLAN FOR DIGITAL TV SWITCH
[SOURCE: Reuters, AUTHOR: Peter Kaplan]
U.S. regulators have "no comprehensive plan" for=20
preparing TV viewers for the approaching=20
switch-over to digital television, a=20
congressional study released on Tuesday said. The=20
study by the Government Accountability Office=20
took issue with the Federal Communications=20
Commission for lacking an overall strategy for=20
the February 17, 2009 switch, which will require=20
broadcasters to change to digital signals from=20
their traditional analog ones. "Despite efforts=20
by the public and private sectors and ongoing=20
coordination, we found that no comprehensive plan=20
for the transition exists," the GAO said. The=20
digital TV transition is being closely watched=20
because owners of analog televisions will not be=20
able to watch television unless they subscribe to=20
satellite or digital cable, replace their TV with=20
a digital television by that date or get a=20
converter box. FCC Chairman Kevin Martin=20
responded in a letter to the GAO, saying he had=20
"significant reservations and concerns with the=20
report's approach and conclusions." Martin also=20
issued 99 pages of "comprehensive plans, goals=20
and achievements" that the FCC had drawn up to=20
address the digital TV transition. (see link=20
below) In their report, the authors of the GAO=20
study said Martin also told them that the FCC=20
"does not have a formal plan in place that is=20
publicly available, but that the various orders=20
contained in FCC dockets amount to a plan."
http://www.reuters.com/article/technologyNews/idUSN1153511920071211
* Digital Television Transition: Increased=20
Federal Planning and Risk Management Could=20
Further Facilitate the DTV Transition. GAO-08-43, November 19.
http://www.gao.gov/cgi-bin/getrpt?GAO-08-43
Highlights - http://www.gao.gov/highlights/d0843high.pdf
* GAO Report on DTV Transition Critical of FCC
http://www.tvnewsday.com/articles/2007/12/11/daily.5/
* House Commerce Committee Chairman John Dingell (D-MI):
"I am deeply troubled by the report=92s conclusion=20
that the FCC does not have a comprehensive plan=20
to guide consumers through the digital television=20
transition. I believe the amount of preparation=20
at all levels of government and industry to=20
address the change and its consequences is=20
hopelessly inadequate. The DTV transition will be=20
successful only if all aspects of government are=20
working together. If this does not happen, it=20
will be the American people=97particularly the=20
elderly and poor=97who will suffer when their televisions stop functioning."
http://energycommerce.house.gov/Press_110/110st115.shtml
* Dingell Troubled by GAO Report on Digital TV Transition
http://www.tvweek.com/news/2007/12/dingell_troubled_by_gao_report.php
* House Telecom Subcommittee Chairman Ed Markey (D-MA):
"Today=92s GAO report provides the latest high=20
resolution picture of the transition underway.=20
Given the high stakes for consumers, public=20
safety, and wireless innovation posed by this=20
transition, the GAO=92s call for the FCC and NTIA=20
to develop an overarching strategic framework for=20
success is one that these agencies would do well=20
to heed .... The GAO contends that simply=20
providing a laundry list of completed regulatory=20
tasks is not the same thing as having a=20
comprehensive plan. I agree. The GAO is an arm of=20
the U.S. Congress and I expect the FCC and NTIA=20
to take the its recommendations with the utmost=20
seriousness. The good news is that it is not yet=20
too late to take concrete and corrective action along the lines recommended=
."
http://markey.house.gov/index.php?option=3Dcom_content&task=3Dview&id=3D...
8&Itemid=3D141
* GAO Report: DTV Transition Uncoordinated
Secretary of Commerce Carlos Gutierrez voiced=20
concerns with a central command and control=20
authority, saying, "The solution is not the=20
establishment of a digital-transition czar or=20
single government-mandated message."
http://www.broadcastingcable.com/article/CA6511359.html?rssid=3D193
* FCC Response to GAO Response
http://www.fcc.gov/GAO_DTV_response/FCC_Response_to_GAO_Report_on_DTV.pdf
* FCC=92s Martin Fires Back at GAO Report
"By failing to reproduce the commission's written=20
comments in an appendix, the GAO's final report=20
will be denying the commission an important=20
avenue for expressing its view of the GAO's=20
report,=94 FCC Chairman Martin said. He also=20
pointed out that the FCC had spent about $500,000=20
to respond to GAO request for info, including=20
producing more than 13,000 documents.
http://www.broadcastingcable.com/article/CA6511505.html?rssid=3D193
* FCC Commissioner Jonathan Adelstein: "This GAO=20
Report confirms what I've been saying for well=20
over a year. The FCC does not have a strategic=20
plan for the DTV transition. There is not even a=20
plan to come up with a plan. Only the FCC=20
appears to be in a state of denial over what the=20
GAO is telling us. Rather than making excuses,=20
we need to come up with solutions. We need to=20
establish an interagency task force now, and we=20
need to reinstate our internal FCC working group immediately."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278848A1.doc

NTIA OKs RETAILERS FOR DTV COUPON PROGRAM
[SOURCE: tvnewsday, AUTHOR: ]
The National Telecommunications and Information=20
Administration announced today that eight large=20
consumer electronics retailers=97Best Buy, Circuit=20
City, Kmart, RadioShack, Sam=92s Club, Sears,=20
Target, Wal-Mart=97along with more than 100 smaller=20
ones have been certified to participate in the=20
agency=92s DTV converter box coupon program. The=20
retailers operate more than 14,000 stores=20
throughout the nation, said NTIA, which has been=20
charged by Congress with administering the=20
program. The program is =93on schedule and will be=20
ready to take consumers=92 coupon requests starting=20
Jan. 1, 2008, as directed by Congress,=94 said=20
acting NTIA Administrator Meredith Attwell Baker.=20
NTIA will begin distributing coupons to consumers beginning February 17, 20=
08.
http://www.tvnewsday.com/articles/2007/12/11/daily.10/
* National Telecommunications and Information Administration press release
http://www.ntia.doc.gov/ntiahome/press/2007/DTVretailers_121107.html
* NTIA to Begin Distributing DTV-to-Analog Converter-Box Coupons Feb. 17
http://www.broadcastingcable.com/article/CA6512043.html?rssid=3D193
* NTIA's Consumer Education Plan
http://www.ntia.doc.gov/dtvcoupon/DTV_ConsumerEducation_120607.pdf
* Coupons to be issued for digital converters
http://www.latimes.com/business/printedition/la-fi-boxes12dec12,1,374622...
tory?coll=3Dla-headlines-pe-business
* Coupon plan is clearer for digital TV switch (Bloomberg)
http://www.chron.com/disp/story.mpl/business/5370592.html
* Swanni's 2008 Predictions: The Digital TV Disaster
Phillip Swann, president of TVPredictions.com,=20
predicts the digital-to-analog converter box=20
program, scheduled to launch in less than a=20
month, will be a disaster. He says the people who=20
need it most -- the poor and elderly -- remain=20
unaware of the digital TV transition and, worse,=20
even when they realize what's going on with the=20
coupon program, they will be up in arms causing=20
policymakers to rethink the transition.
http://www.tvpredictions.com/swannifour121107.htm

INTERNET/BROADBAND

AT&T DIALS UP MONTHLY COST OF OLD-FASHION INTERNET ACCESS
[SOURCE: Chicago Tribune, AUTHOR: Jon Van jvan( at )tribune.com]
Internet users who still dial-up with AT&T to go=20
online will find the phone giant is raising its=20
basic monthly rate from $9.95 to $15.95. That=20
rate hike applies to current customers. Newcomers=20
must pay $22.95 to get dial-up service. AT&T,=20
which charges as little as $9.95 a month for a=20
slower version of DSL and $19.95 for regular DSL=20
high-speed Internet connections, may hope that=20
its price hike for dial-up will nudge customers=20
into DSL. But about 10 percent of Chicago-area=20
residents cannot get digital subscriber line=20
service because their homes are located so far=20
from the phone company's central office that the=20
technology doesn't work. Those customers say the=20
rate hike for plain dial-up service adds insult=20
to injury. Customers who want high-speed Internet=20
but aren't offered DSL have the option of mobile=20
high-speed data from AT&T or satellite=20
high-speed, said Chris Comes, a Chicago-based=20
spokesman for AT&T. Each service sells for $60 a=20
month. Dial-up Internet connections send data at=20
up to 56,000 bits per second, which may be fine=20
for simple functions such as e-mail or reading=20
information from Web sites, but is far too slow=20
to support video transmissions, which are=20
becoming a mainstay of Web sites. AT&T's $9.95=20
DSL offering moves information at up to 768,000=20
bits per second, and the $19.95 service offers a rate twice that fast.
http://www.chicagotribune.com/business/chi-tue_dialup_1211dec11,0,733320...
tory?track=3Drss

GOVERNMENT & COMMUNICATIONS

SECRET US INTELLIGENCE COURT INTENDS TO KEEP WIRETAP RULINGS UNDER WRAPS
[SOURCE: Washington Post, AUTHOR: Elizabeth Williamson]
A secret U.S. intelligence court has issued its=20
third public ruling in 30 years, declaring that=20
while it agrees on the benefits of making its=20
rulings on warrantless wiretapping public, it=20
will keep them secret. The Foreign Intelligence=20
Surveillance Court (FISC) cited the "vitally=20
important need to protect national security" in=20
rejecting a request by the American Civil=20
Liberties Union to release documents on the Bush=20
administration's warrantless wiretapping program.=20
The ACLU had asked the court for copies of orders=20
it issued early this year related to the National=20
Security Agency's warrantless surveillance=20
program, which was operated without court=20
oversight from late 2001 until early this year.=20
The ACLU filed its request in August, after=20
Congress passed legislation that overhauled the=20
Foreign Intelligence Surveillance Act (FISA) and=20
expanded the powers of U.S. spy agencies to=20
eavesdrop on foreign terrorism suspects without a=20
court order. In particular, the ACLU wanted=20
copies of at least one court order issued this=20
year that, according to administration officials=20
and congressional Republicans, concluded that=20
parts of the program are illegal.
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/11/AR200712...
2330.html
(requires registration)
* Surveillance Court Declines to Release Secret Opinions
http://www.nytimes.com/2007/12/12/washington/12nsa.html?_r=3D1&ref=3Dtod...
paper&oref=3Dslogin
* Surveillance data won't be released
http://www.usatoday.com/printedition/news/20071212/a_capcol12.art.htm
* A FISA fix
[SOURCE: Los Angeles Times, AUTHOR: Attorney General Michael B. Mukasey]
[Commentary] Congress must choose how to correct=20
critical shortcomings in our foreign intelligence=20
surveillance laws. It is a time for urgency: The=20
Protect America Act expires in just two months,=20
and we cannot afford to allow dangerous gaps in=20
our intelligence capabilities to reopen. But this=20
is also a time of opportunity, when we can set=20
aside political differences to develop a=20
long-term, bipartisan solution to widely=20
recognized deficiencies in our national security=20
laws. When Congress returns to this challenge, it=20
should continue on the course charted by the Senate Intelligence Committee.
http://www.latimes.com/news/printedition/opinion/la-oe-mukasey12dec12,1,...
4922.story?coll=3Dla-news-comment

PANELISTS: MOST GOV'T WEB SITES HARD TO NAVIGATE
[SOURCE: InfoWorld, AUTHOR: Grant Gross]
Five years after the U.S. Congress passed=20
legislation to improve electronic access to=20
government information, 2,000 government Web=20
sites contain public information that cannot be=20
accessed through outside search engines,=20
e-government experts said Tuesday. The U.S.=20
government has improved e-government services=20
since 2002, but it still has a lot of work to do,=20
representatives of Google, Wikipedia, and the=20
Center for Democracy and Technology (CDT) told a=20
congressional committee. "Today, too much public=20
information is effectively unavailable to the=20
average American," said John Lewis Needham,=20
Google's manager of public sector content=20
partnerships. "It can't even be found in the=20
federal government's own search engine, USA.gov."=20
Many government Web sites use technologies,=20
including search forms, that cannot be indexed by=20
search engines, Needham told the U.S. Senate=20
Homeland Security and Governmental Affairs=20
Committee. About 80 percent of the time, U.S.=20
residents don't first look for information on=20
government Web sites, but through search engines,=20
he said. CDT and government watchdog group OMB=20
Watch released a report Tuesday, detailing how=20
government Web sites prevent search engines from=20
crawling through their information.
http://www.infoworld.com/article/07/12/11/Many-government-Web-sites-hard...
-navigate_1.html
* CDT and OMB Watch today jointly released=20
"Hiding in Plain Sight," a report highlighting a=20
critical gap in online access to vital government=20
information. The report, presented to a Senate=20
panel today, exposes a simple technological=20
roadblock as the culprit and notes the problem=20
has an equally simple technological fix. The=20
problem comes to light as the E-Government Act of=20
2002, which promotes access to government=20
information and services, is up for reauthorization. December 11, 2007
Hiding in Plain Sight [PDF], December 11, 2007:
http://www.cdt.org/righttoknow/search/
* Testimony -- Ari Schwartz [PDF], December 11, 2007:
http://www.cdt.org/testimony/Schwartz_egov_Testimony_20071211.pdf
* Press Release -- Hiding in Plain Sight Report, December 11, 2007:
http://www.cdt.org/press/20071211press.php

QUICKLY

NCTA BEGINS CHALLENGE OF MDU ORDER
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
The National Cable & Telecommunications=20
Association is planning to go to court soon if=20
the Federal Communications Commission does not=20
suspend by Dec. 21 its enforcement of a new rule=20
that nullifies every exclusive service contract=20
in the country between a cable operator and an apartment building landlord.
http://www.multichannel.com/article/CA6511782.html?rssid=3D196
* NCTA to FCC: Stay MDU Contract Decision
http://www.broadcastingcable.com/article/CA6512050.html?rssid=3D193

SUSPICIONS IN US THAT CHINA HAS PUT BAN ON HOLLYWOOD FILMS
[SOURCE: New York Times, AUTHOR: David Barboza]
China has stopped granting permission for=20
American films to be shown in its theaters in an=20
apparent trade dispute with the United States.=20
The Chinese action might be in retaliation for=20
the decision by the United States last April to=20
file an intellectual property rights case with=20
the World Trade Organization. The filing was=20
meant to pressure China to enforce more strictly=20
its intellectual property rights laws against the=20
pirating of American movies and to give American=20
companies greater access to the Chinese market.
http://www.nytimes.com/2007/12/12/business/smallbusiness/12film.html?ref...
todayspaper
(requires registration)
--------------------------------------------------------------
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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