May 2008

Barton, Stearns Against Program-Reporting Guidelines

Rep Joe Barton (R-TX) and Cliff Stearns (R-FL) have written Federal Communications Commission Chairman Kevin Martin saying that proposed new TV-programming-reporting guidelines meant to promote localism may instead promote shows that try to appeal to regulators. They said that while requiring broadcasters to report programs in various categories may not technically be a direct content regulation, it achieves the same end by creating a "perverse incentive to air programming aimed at satisfying the government, and not local communities." They also took the opportunity to weigh in against the FCC's proposal of requiring broadcasters to locate their main studio in their city of licenses. Broadcasters have argued that the rule is outdated since communications between a station and viewers is no longer as limited by geography given the rise of the Internet. They also pointed out that it would cost many broadcasters many millions of dollars to relocate facilities they moved based on the FCC's decision to allow them more flexibility in where to locate them.
http://www.broadcastingcable.com/article/CA6563410.html?rssid=193

In Move to Digital TV, Some Will Be Left Behind

Nearly 25 million homes have at least one television set that will stop functioning in nine months, when the nation converts to digital over-the-air television. Ten million of those homes are considered “completely unready” for the conversion, according to a report scheduled to be released today by Nielsen Media Research. Among the findings, Hispanic and African-American households stand to lose a disproportionately high share of access, and extra televisions in kitchens and bedrooms will be more likely to go dark, potentially cutting into the number of people viewing early morning and late-night television.
http://www.nytimes.com/2008/05/27/business/media/27adcol.html?ref=todays...
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Cable Prices Keep Rising, and Customers Keep Paying

(5/24) Americans discouraged by higher gas prices and airline fares may decide to spend more vacation time at home, perhaps watching television. But that, too, will cost them more than ever. Cable prices have risen 77 percent since 1996, roughly double the rate of inflation, the Bureau of Labor Statistics reported this month. Cable customers, who typically pay at least $60 a month, watch only a fraction of what they pay for — on average, a mere 13 percent of the 118 channels available to them. And the number of subscribers keeps growing. The resiliency of cable is all the more remarkable because the Internet was supposed to change all things digital. Technology has led to more choices and lower prices for news and music as well as cellphone and landline minutes — not to mention computers, cameras, music players and phones themselves.
http://www.nytimes.com/2008/05/24/technology/24cable.html
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Phone Giant in Germany Stirs a Furor

Germany was engulfed in a national furor over threats to privacy on Monday, after an admission by Deutsche Telekom that it had surreptitiously tracked thousands of phone calls to identify the source of leaks to the news media about its internal affairs. In a case that echoes the corporate spying scandal at Hewlett-Packard, Deutsche Telekom said there had been “severe and far-reaching” misuse of private data involving contacts between board members and reporters. The disclosure, which was prompted by a report on Saturday on the Web site of the news magazine Der Spiegel set off a storm of protest from privacy advocates, journalists, and labor representatives at the company. The German government, which effectively controls Deutsche Telekom through a 32 percent stake, demanded a thorough investigation, describing the spying operation as a “serious breach of trust.”
http://www.nytimes.com/2008/05/27/business/worldbusiness/27tapes.html?re...
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China Shuffles Telecoms, Opening Opportunities

China unveiled plans for a long-awaited shake-up of its telecommunications sector that could enhance competition among its carriers and lead to billions of dollars in new contracts for global wireless-equipment companies. The restructuring, announced Saturday after years of preparation, will reshape China's telecom industry, one of the world's most lucrative with total revenue last year of 728 billion yuan ($104.9 billion). It will meld six main state-owned telecom companies into three full-service carriers offering fixed-line and wireless service nationwide. That will mean two more robust rivals for China Mobile Ltd., the world's biggest wireless carrier, with about 400 million subscriber accounts, which dominates its sole competitor. The plan was announced in a statement from three ministries posted on a government Web site. It gave no timetable for execution, saying only that the companies should "as quickly as possible" report detailed arrangements for carrying out the plan.
http://online.wsj.com/article/SB121170876064020167.html?mod=todays_us_ma...
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SoCal HDTV owners with cable service have limited choices

Pity the Los Angeles residents who lug home pricey high-definition television sets only to find that most of their shows don't look much better. The entertainment capital of the world ranks last among the five biggest U.S. markets in the number of high-definition channels available to cable-TV subscribers. New York, Chicago, Houston and Philadelphia all get far more, as do such smaller cities as San Diego and Charlotte (NC). Southern California's No. 1 pay-TV provider, Time Warner Cable Inc., can't improve its systems fast enough to keep up with demand for the sharper pictures of high-definition. The company, which serves 1.9 million customers across Southern California, has promised to add 12 high-definition channels by July 1, and nine more by the end of the year, but cynical subscribers aren't buying it.
http://www.latimes.com/news/printedition/front/la-fi-hdtv27-2008may27,0,...
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Suit against YouTube called a threat to the flow of information on the Web

A $1-billion copyright infringement lawsuit challenging YouTube's ability to keep copyrighted material off its popular video-sharing Internet website threatens how hundreds of millions of people exchange all kinds of information, YouTube owner Google said. Google's lawyers made the claim in papers filed in U.S. District Court in New York as the company responded to Viacom's latest lawsuit alleging that the Internet has led to "an explosion of copyright infringement" by YouTube and others. The back-and-forth between the companies has intensified since Viacom brought its lawsuit last year, saying it was owed damages for the unauthorized viewing of its programming from MTV, Comedy Central and other networks. In papers submitted to a judge late Friday, Google said YouTube "goes far beyond its legal obligations in assisting content owners to protect their works." It said that by seeking to make carriers and hosting providers liable for Internet communications, Viacom "threatens the way hundreds of millions of people legitimately exchange information, news, entertainment and political and artistic expression."
http://www.latimes.com/business/printedition/la-fi-youtube27-2008may27,0...
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The Federal Communications Commission announced further details on a public hearing on early termination fees that will be hosted on Thursday, June 12, 2008, 10:00 a.m. – 1:30 p.m., in the Commission Meeting Room (TW-C305).

Hearing information:

Date: June 12, 2008

Time: 10:00 a.m. (Eastern)

Location: FCC Headquarters Building
Room TW-C305
445 12th Street, S.W.
Washington, D.C. 20554

Agenda and List of Witnesses:

10:00 a.m. Welcome/Opening Remarks

10:30 a.m. Panel Discussion 1 – Early Termination Fees: Consumer and Industry Practices and Perspectives

Anne C. Boyle
Chair, Nebraska Public Service Commission

Daniel L. Brenner
Senior Vice President, Law & Regulatory Policy
National Cable & Telecommunications Association

Thomas W. Hazlett
Professor of Law & Economics
George Mason University School of Law

Larry S. Landis
Commissioner, Indiana Utility Regulatory Commission

John F. Murphy
Senior Vice President, Controller, and Chief Accounting Officer
The DIRECTV Group

Patrick Pearlman
Deputy Consumer Advocate
West Virginia Public Service Commission, appearing on behalf of the National Association of State Utility Consumer Advocates (NASUCA)

Harold Schroer
Individual Consumer

Lee L. Selwyn, Ph.D
President and Founder
Economics and Technology Inc.

Thomas J. Tauke
Executive Vice President – Public Affairs, Policy and Communications
Verizon Communications

Molly White
Individual Consumer

12:00 p.m. – 12:15 p.m. Break

12:15 p.m. Panel Discussion 2 – Legal Implications

Seamus C. Duffy
Partner, Drinker Biddle & Reath LLP

Pamela Gilbert
Partner, Cuneo Gilbert & LaDuca, LLP
Washington, D.C. Counsel, Cellphone Early Termination Fee Cases pending in Superior Court in Alameda County, California

Christopher Guttman-McCabe
Vice President, Regulatory Affairs
CTIA

Chris Murray
Senior Counsel
Consumers Union

Alan R. Plutzik
Attorney, Bransom, Plutzik, Mahler & Birkhaeuser, LLP
Counsel of Record for Wireless Consumers Alliance in FCC Docket Nos. 05-193 and 05-194

Christopher J. Wright
Partner, Harris, Wiltshire & Grannis LLP

1:15 p.m. Closing Remarks

1:30 p.m. Adjournment

The Public Hearing will be immediately followed by an Open Meeting at which the Commission will consider:

1) a Report and Order concerning the current 5-year registration period for Do-Not-Call Registry,

2) a Notice of Proposed Rulemaking seeking comment on issues concerning the provision of Speech-to-Speech, a form of Telecommunications Relay Service,

3) a Report and Order and Further Notice of Proposed Rulemaking Concerning a Ten-Digit Numbering Plan for Internet-Based TRS, and

4) an Order that would address the Skype Communications S.A.R.L. Petition to Confirm a Consumer's Right to Use Internet Communications Software and Attach Devices to Wireless Networks.

Admission is free; you pay at the door. There's plenty of seats; you sit on the floor...
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-282728A1.doc



Google co-founder pushes TV

Google co-founder Larry Page was in Washington on Thursday to promote the company's proposal for a new generation of wireless devices to operate on soon-to-be-vacant television airwaves. Page was scheduled to meet with lawmakers in Congress and officials at the Federal Communications Commission hoping to convince them to allow the "white space" between television channels to be accessed by low-power wireless devices. Page highlighted the benefits of making more spectrum available, while downplaying opposition from broadcasters, and makers and users of wireless microphones, who fear the wireless devices would cause interference.
http://www.reuters.com/article/internetNews/idUSN2250113020080522

Cable TV's disaster coverage gets low marks

Tens of thousands have died in the natural disasters in Myanmar and China, but the coverage has been fighting for airtime with Campaign 2008 on the U.S. cable news channels. The Pew Research Center for the People & the Press said Thursday that there was a fair amount of interest among Americans in the Chinese earthquake, about as much as the presidential campaign. But it accused cable news channels of devoting way more coverage to the politicians. A Pew survey of 1,000 adult Americans conducted last week said that 22 percent of Americans said they followed the earthquake more closely than any other news story during the week of May 12-18. It was slightly ahead of the percentage of Americans who closely followed the 2008 presidential campaign (20 percent) but nowhere near the top news story of the week, which was gasoline prices (31 percent). Yet the earthquake got 13 percent of news coverage for the week, compared with 37 percent for the campaign.
http://www.reuters.com/article/televisionNews/idUSN2629179720080527