May 2008

ELECTIONS & MEDIA
Candidates Compete For Tech Sector's Backing

INTERNET/BROADBAND
Does the US need a new broadband policy?

BROADCASTING/CABLE
Barton, Stearns Against Program-Reporting Guidelines
Low-Power Broadcasters Worried about DTV Transition
In Move to Digital TV, Some Will Be Left Behind
FCC to Make Technical Clarification on DTV Rules
Martin Favors Renewable DTV Coupons
SoCal HDTV owners with cable service have limited choices
Cable Prices Keep Rising, and Customers Keep Paying
Martin Warm On Time Warner Cable Spin-off

CONTENT
Suit against YouTube called a threat to the flow of information on the Web
Searching for the Possible in the Orphan Works Debate
Cable TV's disaster coverage gets low marks
CPB Requires Stations Meet Criteria To Receive Grants
Womens Group: Network News Coverage Is Sexist

SPECTRUM/WIRELESS
Google co-founder pushes TV "white space" plan

TELECOM
Phone Giant in Germany Stirs a Furor
China Shuffles Telecoms, Opening Opportunities

ELECTIONS & MEDIA

CANDIDATES COMPETE FOR TECH SECTOR'S BACKING
[SOURCE: Wall Street Journal, AUTHOR: Amy Schatz]
Sens John McCain (R-AZ) and Barack Obama (D-IL)=20
aren't waiting to be nominated to start a=20
competition for votes and campaign cash from the=20
technology industry. Few presidential candidates=20
have had as much experience dealing with=20
technology and telecommunications issues as Sen=20
McCain, who for years chaired a Senate committee=20
that deals with them. But he rarely brings tech=20
issues up on the campaign trail and hasn't=20
released many significant policy proposals about=20
them yet. By contrast, his likely rival, Sen=20
Obama, presented a detailed technology agenda in=20
November that addressed many of the industries'=20
hot-button issues -- including support for=20
building faster broadband networks and keeping=20
Internet traffic unfettered. He has subsequently=20
raised significantly more Silicon Valley cash than Sen McCain.
http://online.wsj.com/article/SB121185125362921643.html?mod=3Dtodays_us_...
e_one
(requires subscription)

INTERNET/BROADBAND

DOES THE US NEED A BROADBAND POLICY?
[SOURCE: InfoWorld, AUTHOR: Grant Gross]
Several groups in recent months have called for a=20
wide-ranging US broadband policy, saying say the=20
nation is falling behind others in key broadband=20
statistics. Many groups have expressed concern=20
that the U.S. continues to fall behind other=20
nations in broadband adoption. The Organization=20
for Economic Cooperation and Development (OECD)=20
ranked the U.S. 15th among its 30 member nations=20
in broadband adoption per capita as of December.=20
One problem, however, is that the debate over=20
broadband policy spills over into many issues,=20
including concerns about a lack of competition=20
and Network Neutrality. The call for a stronger=20
broadband policy is far from unanimous. Broadband=20
providers say they're spending billions of=20
dollars a year to expand and improve their=20
networks. And an FCC decision to deregulate=20
telecom-based broadband providers, allowing them=20
to stop sharing parts of their networks with=20
competitors, is only three years old, others say.=20
Critics of the FCC's deregulation approach say it=20
has eliminated most competition. But deregulation=20
is "really bearing fruit" and should be given=20
more time to work, said Bret Swanson, senior=20
fellow at the conservative think tank, the=20
Progress and Freedom Foundation (PFF).
http://www.infoworld.com/article/08/05/23/Does-US-need-new-broadband-pol...
_1.html
* Broadband: How the U.S. stacks up
http://www.infoworld.com/article/08/05/23/Broadband-How-US-stacks-up_1.html
* Broadband policy: The Connected Nation model
http://www.infoworld.com/article/08/05/23/Broadband-policy-Connected-Nat...
-model_1.html

BROADCASTING/CABLE

BARTON, STEARNS AGAINST PROGRAM-RELATED GUIDELINES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Rep Joe Barton (R-TX) and Cliff Stearns (R-FL)=20
have written Federal Communications Commission=20
Chairman Kevin Martin saying that proposed new=20
TV-programming-reporting guidelines meant to=20
promote localism may instead promote shows that=20
try to appeal to regulators. They said that while=20
requiring broadcasters to report programs in=20
various categories may not technically be a=20
direct content regulation, it achieves the same=20
end by creating a "perverse incentive to air=20
programming aimed at satisfying the government,=20
and not local communities." They also took the=20
opportunity to weigh in against the FCC's=20
proposal of requiring broadcasters to locate=20
their main studio in their city of licenses.=20
Broadcasters have argued that the rule is=20
outdated since communications between a station=20
and viewers is no longer as limited by geography=20
given the rise of the Internet. They also pointed=20
out that it would cost many broadcasters many=20
millions of dollars to relocate facilities they=20
moved based on the FCC's decision to allow them=20
more flexibility in where to locate them.
http://www.broadcastingcable.com/article/CA6563410.html?rssid=3D193

LOW-POWER BROADCASTERS WORRIED ABOUT DTV TRANSITION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
(5/24) When the digital transition occurs in=20
February, viewers who get their signals from=20
low-power stations and translators may find=20
themselves in the dark. An executive with the=20
National Association of Broadcasters (NAB) told=20
the heads of a dozen state broadcast associations=20
in a conference call two weeks ago that it is=20
hard to find DTV-to-analog converter boxes that=20
pass through an analog signal. Without such=20
boxes, millions of viewers could have a hard time=20
getting signals. Many low-power stations will=20
likely continue to broadcast in analog after the=20
Feb. 17, 2009, digital deadline, when full-power=20
stations must pull the plug on analog. According=20
to Amy Brown of the Community Broadcasters=20
Association, a low-power TV lobby, the state=20
associations asked to join the call were=20
generally those with the highest numbers among=20
the nation=92s 6,000-plus translators. Those=20
include Utah, with an estimated 10% of the=20
nation=92s total; and Idaho and Montana,=20
mountainous states where the full-power TV signal=20
needs a boost to reach tough terrain.
http://www.broadcastingcable.com/article/CA6564030.html?rssid=3D193

IN MOVE TO DIGITAL TV, SOME WILL BE LEFT BEHIND
[SOURCE: New York Times, AUTHOR: Brian Stelter]
Nearly 25 million homes have at least one=20
television set that will stop functioning in nine=20
months, when the nation converts to digital=20
over-the-air television. Ten million of those=20
homes are considered =93completely unready=94 for the=20
conversion, according to a report scheduled to be=20
released today by Nielsen Media Research. Among=20
the findings, Hispanic and African-American=20
households stand to lose a disproportionately=20
high share of access, and extra televisions in=20
kitchens and bedrooms will be more likely to go=20
dark, potentially cutting into the number of=20
people viewing early morning and late-night television.
http://www.nytimes.com/2008/05/27/business/media/27adcol.html?ref=3Dtoda...
aper
(requires registration)

FCC TO MAKE TECHNICAL CLARIFICATION ON DTV RULES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commission Chairman Kevin=20
Martin says the FCC plans on making a technical=20
correction to its DTV conversion rules that will=20
make broadcasters happy. He has scheduled a vote=20
for June 12 to clarify that broadcasters do not=20
have to provide real-time updates to the=20
producers of electronic program guides when their=20
shows run over their allotted time. The=20
Association For Maximum Service Television had=20
asked for the clarification, pointing out that it=20
was not clear whether or not it was mandatory.
http://www.broadcastingcable.com/article/CA6563947.html?rssid=3D193

MARTIN FAVORS RENEWABLE DTV COUPONS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commission Chairman Kevin=20
Martin said that, as a consumer-friendly policy,=20
he would favor allowing viewers to reapply for=20
coupons good for $40 toward the purchase of a=20
DTV-to-analog converter box. The boxes will be=20
required for analog-only TV sets to continue to=20
receive a DTV signal after the transition to=20
digital in February 2009. But he deferred to the=20
National Telecommunications & Information=20
Administration on whether it has the authority to=20
do that absent Congress. NTIA acting head=20
Meredith Attwell Baker has said that the agency=20
can make that change, but is waiting for more=20
data on how many coupons are being redeemed. The=20
first coupons mailed out by NTIA in mid-February are beginning to expire.
http://www.broadcastingcable.com/article/CA6563883.html?rssid=3D193

SOCAL HDTV OWNERS WITH CABLE SERVICE HAVE LIMITED CHOICES
[SOURCE: Los Angeles Times, AUTHOR: Alana Semuels]
Pity the Los Angeles residents who lug home=20
pricey high-definition television sets only to=20
find that most of their shows don't look much=20
better. The entertainment capital of the world=20
ranks last among the five biggest U.S. markets in=20
the number of high-definition channels available=20
to cable-TV subscribers. New York, Chicago,=20
Houston and Philadelphia all get far more, as do=20
such smaller cities as San Diego and Charlotte=20
(NC). Southern California's No. 1 pay-TV=20
provider, Time Warner Cable Inc., can't improve=20
its systems fast enough to keep up with demand=20
for the sharper pictures of high-definition. The=20
company, which serves 1.9 million customers=20
across Southern California, has promised to add=20
12 high-definition channels by July 1, and nine=20
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,...
1702.story
(requires registration)

CABLE PRICES KEEP RISING, AND CUSTOMERS KEEP PAYING
[SOURCE: New York Times, AUTHOR: Matt Richtel]
(5/24) Americans discouraged by higher gas prices=20
and airline fares may decide to spend more=20
vacation time at home, perhaps watching=20
television. But that, too, will cost them more=20
than ever. Cable prices have risen 77 percent=20
since 1996, roughly double the rate of inflation,=20
the Bureau of Labor Statistics reported this=20
month. Cable customers, who typically pay at=20
least $60 a month, watch only a fraction of what=20
they pay for =97 on average, a mere 13 percent of=20
the 118 channels available to them. And the=20
number of subscribers keeps growing. The=20
resiliency of cable is all the more remarkable=20
because the Internet was supposed to change all=20
things digital. Technology has led to more=20
choices and lower prices for news and music as=20
well as cellphone and landline minutes =97 not to=20
mention computers, cameras, music players and phones themselves.
http://www.nytimes.com/2008/05/24/technology/24cable.html
(requires registration)

MARTIN WARM ON TIME WARNER CABLE SPIN-OFF
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commission Chairman Kevin=20
Martin said Friday that if the spin-off of Time=20
Warner Cable from parent Time Warner resulted in=20
lower cable rates, he was all for it as a away to=20
address his concerns about program tying, though=20
he stopped short of recommending it to other=20
vertically-integrated cable companies.
http://www.broadcastingcable.com/article/CA6563932.html?rssid=3D193

CONTENT

SUIT AGAINST YOUTUBE CALLED A THREAT TO THE FLOW OF INFORMATION ON THE WEB
[SOURCE: Associated Press, AUTHOR:]
A $1-billion copyright infringement lawsuit=20
challenging YouTube's ability to keep copyrighted=20
material off its popular video-sharing Internet=20
website threatens how hundreds of millions of=20
people exchange all kinds of information, YouTube=20
owner Google said. Google's lawyers made the=20
claim in papers filed in U.S. District Court in=20
New York as the company responded to Viacom's=20
latest lawsuit alleging that the Internet has led=20
to "an explosion of copyright infringement" by=20
YouTube and others. The back-and-forth between=20
the companies has intensified since Viacom=20
brought its lawsuit last year, saying it was owed=20
damages for the unauthorized viewing of its=20
programming from MTV, Comedy Central and other=20
networks. In papers submitted to a judge late=20
Friday, Google said YouTube "goes far beyond its=20
legal obligations in assisting content owners to=20
protect their works." It said that by seeking to=20
make carriers and hosting providers liable for=20
Internet communications, Viacom "threatens the=20
way hundreds of millions of people legitimately=20
exchange information, news, entertainment and=20
political and artistic expression."
http://www.latimes.com/business/printedition/la-fi-youtube27-2008may27,0...
17201.story
(requires registration)

SEARCHING FOR THE POSSIBLE IN THE ORPHAN WORKS DEBATE
[SOURCE: Public Knowledge, AUTHOR: Gigi Sohn]
[Commentary] In a response to a recent New York=20
Times op-ed by Larry Lessig, Sohn defends the=20
"diligent effort" framework for searches which=20
she says has been endorsed by all the major=20
library and museum groups, as well as by smaller=20
user groups like independent and documentary=20
filmmakers. She also writes the nothing in the=20
pending orphan works legislation is unfair to=20
copyright holders. Lessig proposes as an=20
alternative something that Public Knowledge=20
wholeheartedly supports in concept: a 14-year=20
copyright term, followed by a requirement that=20
the copyright holder register the work and pay $1=20
to receive the full protection of copyright law.=20
We like this idea because it could help to solve=20
the damage to creativity and the public domain=20
associated with longer copyright terms. In=20
practice however, this proposal has two major=20
problems. First, it actually doesn't solve the=20
orphan works problem. Under Larry=92s plan, works=20
created between 1978 and today would be exempted=20
at first. That=92s a lot of orphans, and=20
specifically a lot of web orphans. Even if that=20
exemption were to expire, the 14-year initial=20
copyright window would still give rise to orphan=20
works, since many works cease being exploited=20
after only a couple of years. The second problem=20
is more fundamental - and that is that right now,=20
the proposal is completely politically infeasible.
http://www.publicknowledge.org/node/1584

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

CPB REQUIRES STATIONS MEET CRITERIA TO RECEIVE GRANTS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Corporation For Public Broadcasting has voted=20
unanimously to require that the majority of=20
programming broadcast by multicasting=20
noncommercial TV stations in the digital world=20
meet CPB's programming criteria if they want to=20
get Community Service Grants. The money can be=20
used for a host of purposes including programming=20
production, DTV upgrades, fund-raising,=20
management and more. The criteria is that the=20
programming "must be devoted to quality=20
programming that serves demonstrated community=20
needs of an educational, informational and=20
cultural nature within its primary signal area.=20
Such programming is intended for a general=20
audience." Not qualifying is programming that=20
primarily furthers a political or religious=20
philosophy and, interestingly, one primarily for in-school use.
http://www.broadcastingcable.com/article/CA6563964.html?rssid=3D193

WOMEN'S GROUP: NETWORK NEWS COVERAGE IS SEXIST
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Women's Media Center (WMC) has launched a=20
petition targeting what they say is sexist media=20
coverage on the major cable news networks. The=20
group, whose board includes Jane Fonda, Gloria=20
Steinem and former PBS President and current=20
Museum of Television & Radio President Pat=20
Mitchell, combined the online petition with a=20
YouTube video of news clips they posted, "Sexism=20
Might Sell, But I'm Not Buying It!"
http://www.broadcastingcable.com/article/CA6563939.html?rssid=3D193

SPECTRUM/WIRELESS

GOOGLE CO-FOUNDER PUSHES TV "WHITE SPACE" PLAN
[SOURCE: Reuters, AUTHOR: Peter Kaplan]
Google co-founder Larry Page was in Washington on=20
Thursday to promote the company's proposal for a=20
new generation of wireless devices to operate on=20
soon-to-be-vacant television airwaves. Page was=20
scheduled to meet with lawmakers in Congress and=20
officials at the Federal Communications=20
Commission hoping to convince them to allow the=20
"white space" between television channels to be=20
accessed by low-power wireless devices. Page=20
highlighted the benefits of making more spectrum=20
available, while downplaying opposition from=20
broadcasters, and makers and users of wireless=20
microphones, who fear the wireless devices would cause interference.
http://www.reuters.com/article/internetNews/idUSN2250113020080522

TELECOM

PHONE GIANT IN GERMANY STIRS A FUROR
[SOURCE: New York Times, AUTHOR: Mark Landler]
Germany was engulfed in a national furor over=20
threats to privacy on Monday, after an admission=20
by Deutsche Telekom that it had surreptitiously=20
tracked thousands of phone calls to identify the=20
source of leaks to the news media about its=20
internal affairs. In a case that echoes the=20
corporate spying scandal at Hewlett-Packard,=20
Deutsche Telekom said there had been =93severe and=20
far-reaching=94 misuse of private data involving=20
contacts between board members and reporters. The=20
disclosure, which was prompted by a report on=20
Saturday on the Web site of the news magazine Der=20
Spiegel set off a storm of protest from privacy=20
advocates, journalists, and labor representatives=20
at the company. The German government, which=20
effectively controls Deutsche Telekom through a=20
32 percent stake, demanded a thorough=20
investigation, describing the spying operation as a =93serious breach of tr=
ust.=94
http://www.nytimes.com/2008/05/27/business/worldbusiness/27tapes.html?ref=
=3Dtodayspaper
(requires registration)

CHINA SHUFFLES TELECOMS, OPENING OPPORTUNITIES
[SOURCE: Wall Street Journal, AUTHOR: Jason Dean]
China unveiled plans for a long-awaited shake-up=20
of its telecommunications sector that could=20
enhance competition among its carriers and lead=20
to billions of dollars in new contracts for=20
global wireless-equipment companies. The=20
restructuring, announced Saturday after years of=20
preparation, will reshape China's telecom=20
industry, one of the world's most lucrative with=20
total revenue last year of 728 billion yuan=20
($104.9 billion). It will meld six main=20
state-owned telecom companies into three=20
full-service carriers offering fixed-line and=20
wireless service nationwide. That will mean two=20
more robust rivals for China Mobile Ltd., the=20
world's biggest wireless carrier, with about 400=20
million subscriber accounts, which dominates its=20
sole competitor. The plan was announced in a=20
statement from three ministries posted on a=20
government Web site. It gave no timetable for=20
execution, saying only that the companies should=20
"as quickly as possible" report detailed=20
arrangements for carrying out the plan.
http://online.wsj.com/article/SB121170876064020167.html?mod=3Dtodays_us_...
ketplace
(requires subscription)
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Communications-related Headlines is a free online=20
news summary service provided by the Benton=20
Foundation (www.benton.org). Posted Monday=20
through Friday, this service provides updates on=20
important industry developments, policy issues,=20
and other related news events. While the=20
summaries are factually accurate, their often=20
informal tone does not always represent the tone=20
of the original articles. Headlines are compiled=20
by Kevin Taglang headlines( at )benton.org -- we welcome your comments.
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