December 2007

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GOVERNMENT & COMMUNICATIONS
Only few saw the key FISA court rulings
Web Leaders Seek More Searchable Government
Waxman: White House censored climate scientists
Pakistan=92s News Media No Longer Silent, but Musharraf Has Muted His Crit=
ics

TELECOM
Groups to Press FCC To Prohibit Blocking Of Text Messages
AT&T Unit to Pay Up to $76 Million To Settle Tax Lawsuit With Missouri

MEDIA OWNERSHIP
Newspaper Lobby Wants Senate Bill Blocked
House Judiciary Hearing On Minority Ownership

INTERNET/BROADBAND
The FCC's Broadband Bobble
Google Shows Devices to FCC in Push to Free Airwaves
Unlicensed Broadband Device Technologies
The Web Users=92 Campaign

BROADCASTING/CABLE
Regulators Fight FCC=92s 90-Day Shot Clock
CTAM Study Finds Confusion About DTV Transition
NBC Decides to Run Conservative Group's Ad
NFL Network Wants Legislators to Back Cable Fight

QUICKLY -- NTCA throws support behind Adelstein;=20
How not to adapt to the Internet; Nielsen:=20
Product Placements Succeed in =91Emotionally Engaging=92 Shows

GOVERNMENT & COMMUNICATIONS

ONLY A FEW SAW THE KEY FISA COURT RULINGS
[SOURCE: The Hill, AUTHOR: Helen Fessenden]
Only a handful of lawmakers have seen a set of=20
Foreign Intelligence Surveillance Court rulings=20
on eavesdropping that have been cited by the Bush=20
administration and Republicans as one of the=20
principle reasons to transfer authority away from=20
the court to the attorney general and director of=20
national intelligence (DNI). The House and Senate=20
intelligence committees are the only full panels=20
that have read the rulings issued earlier this=20
year on the National Security Agency=92s=20
surveillance program, according to panel members=20
and aides. The decisions, widely discussed even=20
though they remain classified to this day, likely=20
will come under greater scrutiny as Congress=20
battles over legislation to update the 1978=20
Foreign Intelligence Surveillance Act (FISA)=20
before an interim rewrite of the bill expires Feb. 5.
http://thehill.com/leading-the-news/only-few-saw-the-key-fisa-court-ruli...
-2007-12-11.html

WEB LEADERS SEEK MORE SEARCHABLE GOVERNMENT
[SOURCE: Washington Post, AUTHOR: Kim Hart]
These days you can Google just about anything,=20
from your favorite celebrity's pet to your boss's=20
middle name. But using the biggest search engine=20
to get information about the government often=20
falls short. That's what leaders from Google and=20
Wikipedia plan to tell the Senate Committee on=20
Homeland Security and Government Affairs today,=20
urging Congress to require federal agencies to=20
make their Web sites, records and databases more=20
searchable. "It could be unintentional oversight=20
or incompetence," said Ari Schwartz, deputy=20
director of the Center of Democracy and=20
Technology, which plans to release a report today=20
with OMB Watch, a watchdog group, that shows that=20
basic government information often does not show=20
up in results provided by search engines run by=20
Google, Yahoo, Microsoft and Ask.com. Today's=20
hearing comes nearly five years after the=20
E-Government Act required government agencies to=20
make information more accessible electronically.=20
The law is scheduled to be reauthorized soon.
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/10/AR200712...
1663.html
(requires registration)

WAXMAN: WHITE HOUSE CENSORED CLIMATE SCIENTISTS
[SOURCE: The Hill, AUTHOR: Klaus Marre]
A new report from a House committee said Monday=20
that the White House has engaged in a=20
=93systematic=94 effort to =93censor climate=20
scientists.=94 According to the report, compiled=20
for House Oversight and Government Reform=20
Committee Chairman Henry Waxman (D-CA), the Bush=20
administration has sought to restrict media=20
access to government scientists and has also edited congressional testimony.
http://thehill.com/index.php?option=3Dcom_content&task=3Dview&id=3D70190...
emid=3D70
* Hill Report: Administration Censored Media Access to Climate Science
http://www.broadcastingcable.com/article/CA6511102.html?rssid=3D193

PAKISTAN'S NEWS MEDIA NO LONGER SILENT, BUT MUSHARRAF HAS MUTED HIS CRITICS
[SOURCE: New York Times, AUTHOR: Salman Masood & David Rohde]
Nearly all private television channels blacked=20
out last month by President Pervez Musharraf=92s=20
emergency decree are back on the air. But the=20
country=92s once-thriving television news media=20
remain largely muzzled by sweeping new=20
restrictions that journalists and Western=20
diplomats say stifle criticism of the government.=20
After the blackout cost leading channels tens of=20
millions of dollars in lost advertising revenues,=20
owners of all but one channel agreed to stop=20
broadcasting the country=92s highest-rated=20
political talk shows and signed the=20
government-ordered =93code of conduct.=94 And under a=20
new ordinance, unilaterally enacted by Mr.=20
Musharraf, television journalists face up to=20
three years in jail for broadcasting =93anything=20
which defames or brings into ridicule the head of=20
state=94 and other restrictions. The law will=20
remain in place after Mr. Musharraf ends the=20
state of emergency, which he has promised to do on Saturday.
http://www.nytimes.com/2007/12/11/world/asia/11pmedia.html?ref=3Dtodaysp...
(requires registration)

TELECOM

GROUPS TO PRESS FCC TO PROHIBIT BLOCKING OF TEXT MESSAGES
[SOURCE: Washington Post, AUTHOR: Kim Hart]
Our heros Public Knowledge, Free Press, Media=20
Access Project, Consumers Union and the New=20
America Foundation are planning to urge the=20
Federal Communications Commission to clarify how=20
much control cellphone companies can have over=20
the messages and services delivered over their=20
networks. The groups say the FCC should prohibit=20
wireless carriers from blocking text messages=20
sent by any company, nonprofit group or political=20
campaign and carriers should deliver all text=20
messages to their customers, including those sent=20
by competing phone services. It is the latest in=20
a string of complaints and petitions filed with=20
the FCC, pushing commissioners to take a stronger=20
stance on the issue known as net neutrality,=20
which refers to an effort to bar Internet and=20
wireless providers like Verizon Wireless and AT&T=20
from giving preferential treatment to content on=20
their networks. The five-member FCC has said it=20
supports the concept of such a ban but has not=20
formally enforced it. The agency has also said=20
Internet providers have the right to manage their=20
networks in order to serve their customers as=20
long as they do not discriminate against certain content providers.
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/10/AR200712...
1634.html
(requires registration)

AT&T UNIT TO PAY UP TO $76 MILLION TO SETTLE TAX LAWSUIT WITH MISSOURI
[SOURCE: Wall Street Journal, AUTHOR: Sara Silver at sara.silver( at )wsj.com]
AT&T Mobility, a division of AT&T Inc., agreed to=20
pay as much as $76 million in back taxes and=20
legal fees to settle a six-year-old cellphone-tax=20
lawsuit with Missouri's municipalities. The=20
dispute is over whether municipalities can levy a=20
tax normally applied to utilities and traditional=20
"landline" phone companies on cellphone service.=20
The suit had sought $500 million in back taxes,=20
penalties and interest. The resolution follows=20
Verizon Wireless's decision in September to=20
settle the same suit, filed in December 2001 by=20
Missouri municipalities against wireless carriers=20
operating in the state. Sprint Nextel Corp., also=20
involved in the dispute, has settled with some of=20
the municipalities and is in negotiations to=20
resolve the dispute with the others. As part of=20
the settlements, AT&T and Verizon agreed to start=20
collecting the tax from their customers. The=20
municipalities stand to earn $80 million a year=20
from the tax if all carriers agree to collect=20
it. The municipalities aren't likely to get as=20
much as sought in back taxes. Based on the=20
settlements so far, the municipalities stand to=20
get less than $200 million in back taxes.
http://online.wsj.com/article/SB119734053400320371.html?mod=3Dtodays_us_...
ketplace
(requires subscription)

MEDIA OWNERSHIP

NEWSPAPER LOBBY WANTS SENATE BILL BLOCKED
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
The Newspaper Association of America is trying to=20
block a Senate bill that would postpone a Dec. 18=20
vote at the Federal Communications Commission=20
that would relax the ban on the ownership of=20
newspapers and TV stations in the same local=20
market. =93I urge you to derail any legislative=20
attempts to derail the FCC=92s Dec. 18 vote,=94 said=20
NAA president John Strum in a letter Monday to=20
Senate Majority Leader Harry Reid (D-Nev) and=20
Senate Minority Leader Mitch McConnell (R-KY).=20
=93The maintenance of this 32-year-old rule ignores=20
cable television, the Internet, satellite=20
television, satellite radio, podcasting, blogs,=20
cell phones and all the other ways people can get information,=94 Strum sai=
d.
http://www.multichannel.com/article/CA6511206.html?rssid=3D196

HOUSE JUDICIARY HEARING ON MINORITY OWNERSHIP
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The House Judiciary Committee has scheduled a=20
hearing Wednesday (Dec. 12) at 2 p.m. on media=20
consolidation. The hearing will focus on the=20
impact of media consolidation on localism and=20
diversity. The list includes Dan Rather, now=20
anchor and managing editor of Dan Rather Reports=20
on HDNet; Adam Thierer from the Center for=20
Digital Media Freedom, Progress and Freedom=20
Foundation; radio talk show host Joe Madison;=20
Carol Jenkins of the Women's Media Center; David=20
Honig, executive director of the Minority Media=20
and Telecommunications Council; and S. Derek=20
Turner, head of research for Free Press
http://www.broadcastingcable.com/article/CA6511248.html?rssid=3D193

INTERNET/BROADBAND

THE FCC'S BROADBAND BOBBLE
[SOURCE: BusinessWeek, AUTHOR: Tom Lowry]
[Commentary] Federal Communications Commission=20
Chairman Kevin Martin could have taken a much=20
larger role in helping the U.S. catch up with=20
other countries when it comes to the=20
all-important issue of broadband access. After=20
all, it was his boss, President George W. Bush,=20
who in 2004 called for universal broadband for=20
all Americans by 2007. As 2007 draws to a close,=20
the figure is only about 50%. The U.S. has fallen=20
further behind in global broadband. The latest=20
rankings by the Organization for Economic=20
Cooperation & Development show the U.S. at 15 in=20
terms of broadband penetration=97down from 4 in=20
2000. Average speeds in Japan are 20 times faster=20
than in the U.S., and South Koreans pay nine=20
times less per megabit than Americans do.=20
Chairman Martin should have started regularly=20
collecting accurate data about penetration;=20
speeds; and which communities, minority and=20
rural, for example, lack affordable services. He=20
may leave with the change of Administration next=20
year. In January the FCC will conduct the biggest=20
auction ever of wireless spectrum, which Martin=20
says will transform broadband in the U.S. Even=20
so, Bush's deadline will have come and gone.
http://www.businessweek.com/magazine/content/07_51/b4063076356340.htm?chan=
=3Dmagazine+channel_opinion

GOOGLE SHOWS DEVICES TO FCC IN PUSH TO FREE AIRWAVES
[SOURCE: Bloomberg, AUTHOR: Molly Peterson]
Google is now the third company to demonstrate=20
experimental technology to the Federal=20
Communications Commission as part of its push to=20
free up unused television airwaves for wireless=20
Internet access. Early tests found the=20
technologies can "amply" protect occupied TV=20
channels from interference if they are built into=20
mobile devices that use vacant channels, Google=20
told the FCC in a letter from Richard Whitt.=20
Broadcasters such as CBS Corp. and Walt Disney=20
Co.'s ABC oppose the technology companies' plan,=20
saying the gadgets may cause digital TV screens=20
to freeze and become unwatchable.
http://www.bloomberg.com/apps/news?pid=3D20601204&sid=3Da1Ys1hvN_D88&refer=
=3Dtechnology

UNLICENSED BROADBAND DEVICE TECHNOLOGIES
[SOURCE: New America Foundation, AUTHOR: Michael Calabrese and Sascha Meinr=
ath]
"Smart" wireless devices can use the unassigned=20
frequencies between broadcast TV channels to=20
offer wireless broadband and other innovative=20
services. A rulemaking is pending at the FCC to=20
permit unlicensed access to this currently wasted=20
spectrum, subject to technical requirements that=20
will protect television reception from=20
interference. Access to the vacant TV channels in=20
each market has been the subject of intense=20
lobbying, yet far too many of the arguments=20
against "white space" devices rely upon=20
misinformation about the technologies and the FCC=20
process that will prevent harmful interference to=20
DTV reception and other incumbent services. This=20
policy backgrounder offers a summary analysis,=20
and is an effort to help policymakers strike the=20
appropriate balance between protecting existing=20
services from interference while making the=20
benefits of mobile broadband services available=20
and affordable for all consumers. It provides=20
policymakers with: a brief historical background=20
to the current FCC proceedings; a description of=20
White Space Device (WSD) technologies; a =93Myths=20
vs. Facts=94 section addressing the key concerns=20
raised about WSDs; an overview of the public=20
benefits of WSDs; and a concise summary of where=20
we are in the multi-phase process of adopting WSD technologies for consumer=
use
http://www.newamerica.net/publications/policy/unlicensed_broadband_devic...
echnologies

THE WEB USERS' CAMPAIGN
[SOURCE: New York Times 12/9, AUTHOR: Matt Bai]
Did the current field of presidential candidates=20
absorb the wrong lessons from the failed Howard=20
Dean campaign in 2004? His campaign was the first=20
to harness the fund-raising and organizing power=20
of the Internet, and both parties=92 2008 hopefuls=20
had visions of replicating his model. Dean=92s=20
campaign didn't explode online because he somehow=20
figured out a way to channel online politics; he=20
managed this feat because his campaign, almost by=20
accident, became channeled by people he had never=20
met. Dean for America was branded from its core=20
antiwar message down to the design of some of its=20
bumper stickers and buttons by laptop-laden=20
volunteers, and these strangers, it could be=20
argued, both made and unmade the candidate. In=20
the new and evolving online world, the greatest=20
momentum goes not to the candidate with the most=20
detailed plan for conquering the Web but to the=20
candidate who surrenders his own image to the=20
clicking masses, the same way a rock guitarist=20
might fall backward off the stage into the hands of an adoring crowd.
http://www.nytimes.com/2007/12/09/magazine/09wwln-lede-t.html?_r=3D2&ref...
technology&oref=3Dslogin&oref=3Dslogin
(requires registration)

BROADCASTING/CABLE

REGULATORS FIGHT FCC'S 90-DAY SHOT CLOCK
[SOURCE: Multichannel News, AUTHOR: Linda Haugsted]
Local regulators across the country challenged=20
the Federal Communications Commission=92s so-called=20
=9390-day shot clock,=94 calling it an abuse of=20
power, and the agency=92s latest order clarifying=20
its application of the rule has also been=20
appealed in court. Montgomery County (MD), on=20
behalf of other challengers of the FCC rules on=20
franchising, appealed the latest order in the=20
U.S. Court of Appeals for the Fourth Circuit on=20
Dec. 6. The county=92s appeal asserts that the most=20
recent order =93exceeds the FCC=92s statutory=20
authority, is arbitrary and capricious and=20
violates the Fifth and Tenth Amendments to the=20
U.S. Constitution,=94 among other legal claims.=20
These are similar to the abuse of regulatory=20
discretion claims made in the challenge to the=20
original, March 5, franchising order. That legal=20
challenge is still pending before the U.S. Court=20
of Appeals for the Sixth District.
http://www.multichannel.com/article/CA6511254.html?rssid=3D196

CTAM STUDY FINDS CONFUSION ABOUT DTV TRANSITION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
According to the Cable & Telecommunications=20
Association for Marketing, almost one-half of TV=20
viewers (47%) don't know when the digital-TV=20
transition will occur and one-half of them don't=20
know where to go to find out. The CTAM study=20
found that 45% of viewers with a=20
multichannel-video service -- cable, for example=20
-- were the group most familiar with the=20
transition, while viewers with no TVs connected=20
to cable or satellite were the least familiar at=20
31%. And 50% of those households said they "don't=20
know where to turn for information about the transition," CTAM added.
http://www.broadcastingcable.com/article/CA6511201.html?rssid=3D193

NBC DECIDES TO RUN CONSERVATIVE GROUP'S AD
[SOURCE: Associated Press, AUTHOR: Jim Kuhnhenn]
NBC reversed course Saturday and decided to air a=20
conservative group's television ad thanking U.S. troops.
The ad, by the group Freedom's Watch, asks=20
viewers to remember the troops during the holiday=20
season. NBC had refused to air the ad because it=20
guides viewers to the Freedom's Watch Web site,=20
which NBC said was too political. In a statement=20
issued Saturday evening, NBC said: "We have=20
reviewed and changed our ad standards guidelines=20
and made the decision that our policy will apply=20
to content only and not to a referenced Web site.=20
Based on these amended standards the Freedom's=20
Watch ad will begin to run as early as Sunday."
http://www.tvnewsday.com/articles/2007/12/10/daily.5/
* NBC Reverses Decision on Freedom's Watch Ads
http://www.broadcastingcable.com/article/CA6511154.html?rssid=3D193

NFL NETWORK WANTS LEGISLATORS TO BACK CABLE FIGHT
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
The NFL Network is trying to get U.S. legislators=20
to pressure the Federal Communications Commission=20
into forcing Comcast and Time Warner into=20
negotiating their differences with the=20
league-owned pay-TV channel. NFL Network=20
lobbyists have circulated to legislators for=20
their signature a draft letter to FCC chairman=20
Kevin Martin stating that the agency should=20
impose mandatory arbitration because the cable=20
companies have little incentive to carry popular programming they don't own.
http://www.multichannel.com/article/CA6511245.html?rssid=3D196

QUICKLY

NCTA THROWS SUPPORT BEHIND ADELSTEIN
[SOURCE: Telephony Online, AUTHOR: Tim McElligott]
President Bush has nominated Commissioner=20
Jonathan Adelstein for another 5-year term on the=20
Federal Communications Commission. Rural telecom=20
providers support the move. Dan Mitchell, vice=20
president of legal and industry affairs at the=20
National Telecommunications Cooperative=20
Association (NTCA), said, "He was instrumental in=20
helping to advance the agenda of rural telecom=20
providers during his seven years as senior=20
telecommunications aide to Senate Majority Leader=20
Tom Daschle (D-SD). The NTCA worked closely with=20
him on Capitol Hill and has furthered that=20
relationship during his tenure at the FCC.=94 The=20
NTCA lobbied hard for Adelstein when he was first=20
nominated in 2004 and consider him a leading=20
voice on the commission for small communications providers.
http://telephonyonline.com/independent/news/ntca_adelstein_fcc_121007/

HOW NOT TO ADOPT TO THE INTERNET
[SOURCE: Los Angeles Times, AUTHOR: Editorial staff]
[Commentary] Universal Music Group made virtually=20
its entire catalog available for free this week=20
on Imeem, an online social network, in exchange=20
for a cut of the company's advertising revenue.=20
It's a risky bet, the kind of move that none of=20
the major record companies were making even three=20
years ago. But all the labels are making them=20
now, in the hope that revenue from the Web and=20
wireless networks will offset their sliding CD=20
sales. Meanwhile, in Hollywood, the studios and=20
the writers union aren't even talking about a=20
deal. Until last week, the biggest stumbling=20
block seemed to be the formula for paying writers=20
when their works were used online. But=20
negotiations broke down again on Friday after the=20
studios objected to the writers' demands on=20
several old-school issues like accounting practices and union representatio=
n.
http://www.latimes.com/news/printedition/opinion/la-ed-strike11dec11,1,3...
015.story?coll=3Dla-news-comment
(requires registration)

NIELSEN PRODUCT PLACEMENTS SUCCEEDS IN 'EMOTIONALLY ENGAGING' SHOWS
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
Products placed within =93emotionally engaging=94 TV=20
programs are recognized on average by 43% more viewers, said Nielsen.
http://www.multichannel.com/article/CA6511219.html?rssid=3D196
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Communications-related Headlines is a free online=20
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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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