July 2008

Time for the Shield

[Commentary] A proposal to protect reporters from having to reveal confidential sources passed the House of Representatives by an overwhelming margin last year. A similar measure was approved by the Senate Judiciary Committee, 15 to 4. The presumptive Republican and Democratic presidential nominees support it. So do the attorneys general of 42 states, who urged the Senate last month to act on the measure. Although 49 states and the District recognize a reporter's privilege, the absence of a federal statute undermines those protections. It is time for Senate Majority Leader Harry Reid (D-NV) to bring this bill to the floor.

High-Stakes Race to Unlock a Wider Web

The nation's top technology companies have spent millions of dollars and nearly two years building devices, poring over laptops and working in federal labs trying to come up with a new way of providing high-speed Internet to bandwidth-hungry cities as well as hard-to-reach rural regions. Last week, the companies moved from lab to field. Engineers from the technology heavyweights, including Motorola and Philips, lugged their laptops, antennas and other equipment to parks, homes and high-rises around the Washington area, hoping to prove to the Federal Communications Commission that the unlicensed airwaves between television stations, known as white spaces, could provide a new form of mobile Internet service.

Protesters denounce Fox News as racist

Protesters gathered on Wednesday outside Fox News Channel to denounce what they claim is its racist campaign coverage, including a pundit who called Democratic presidential hopeful Barack Obama a terrorist. The crowd of some 150 people wielded a petition with more than 600,000 signatures objecting to news coverage by Fox, owned by Rupert Murdoch's News Corp, organizers said. Some demonstrators held signs that crossed out the network's "Fair and Balanced" slogan and replaced it with the words "Fairly Racist!" Led by activist groups MoveOn.org and ColorOfChange.org, protesters cited incidents on Fox including an on-screen graphic calling Michelle Obama "Obama's baby mama" and a pundit who confused Obama with Osama bin Laden and joked they should both be assassinated.

AT&T Earnings Give Hope to Telcos

AT&T said second-quarter net income jumped 30%, to $3.7 billion, as operating revenue rose 4.7%, to $30.86 billion. It also reported adjusted operating margins of 37.3%, beating the expectation of some analysts. The largest US phone company's profit jump suggests that the economic slump may not be as harsh as expected for some telecom service providers. Some of the strength came from cost cuts, and the economic slowdown is crimping demand for some services, including high-speed Internet access. AT&T continues to bleed access lines and could not cover that lost revenue with improved broadband sales. But AT&T was able to offset weaknesses through ongoing demand in such areas as wireless calling.
AT&T Net Rises 30% Despite Weaknesses

Now ISPs Want to Serve You Ads, Too

Carriers including Embarq, spun off in 2006 from Sprint Nextel, and BT are exploring ways to mine data they can collect about customers' online habits to deliver tailored ads. At stake is a slice of the $25.9 billion in online advertising projected by eMarketer this year. Already, phone companies use a technology known as deep-packet inspection (DPI) to weed out spam, catch viruses that could possibly harm a network, or determine what practices are hogging bandwidth. It wouldn't be a stretch to also use DPI to figure out which ads to shoot to which users. Robert Dykes, CEO of advertising DPI vendor NebuAd, likens the technology to "an eyedropper, picking up select things" from the communications network. NebuAd's gear attaches to a communications network and collects data on Web site usage—although it ignores e-mails, Web calls, and activity on password-protected sites like those of financial institutions. NebuAd's tool works by keeping tabs on a visited site, then associating that site with an anonymous number—rather than, say, an IP address or a particular subscriber. In turn, the number is labeled with a relevant category of ads—say, travel in cases where a user has visited a travel site.

Senators To Unveil New IP Bill

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) and ranking member Arlen Specter (R-PA) will join Sens. Evan Bayh (D-IN) and George Voinovich (R-OH) on today in unveiling new legislation intended to boost government efforts to crack down on counterfeiting and piracy. The bill is expected to reflect a compromise of a number of intellectual property rights proposals introduced this session and strengthen federal resources and authorities to combat IP crimes.

The Federal Communications Commission will hold a public en banc hearing in Brooklyn, New York on Wednesday, July 30, 2008 on

Brooklyn Borough Hall Hearing Room
209 Joralemon Street
Brooklyn, NY 11201

The Commission will hear from expert panelists regarding public safety interoperable communications and the 700 MHz D Block proceeding. The hearing is open to the public, and seating will be available on a first-come, first-served basis.

Agenda and list of witnesses follows:
(All Eastern Daylight Time)

10:30 a.m. Welcome/Opening Remarks

11:00 a.m. Panel Discussion 1 - Achieving a Nationwide Interoperable Broadband Network for Public Safety

Panelists:
Salvatore J. Cassano, Chief, New York City Fire Department

Charles F. Dowd, Deputy Chief, Commanding Officer, Communications Division, New York City Police Department

John J. Farmer, Jr., Former Attorney General, New Jersey; Senior Counsel, 9/11 Commission

Robert Gurss, Association of Public Safety Communications Officials-International

Harlin McEwen, Chairman, Public Safety Spectrum Trust Corporation

Steven H. Proctor, Executive Director, Utah Communications Agency Network (UCAN)

12:00 p.m. Panel Discussion 2 - Commercial Considerations of a Shared Public Safety Broadband Network

Panelists:
Stacey Black, Executive Director-Market Development, AT&T, Inc.

Don Brittingham, Assistant Vice President, Public Affairs, Policy and Communication, Verizon Corporation

LeRoy T. Carlson, Jr., Chairman of the Board, United States Cellular Corp.

Larry Krevor, Vice President - Spectrum, Sprint Nextel

Jennifer A. Manner, Chairman, Satellite Industry Association

Stagg Newman, Principal, Pisgah Comm Consulting

1:00 p.m. Break

1:15 p.m. Panel Discussion 3 - Technical Considerations of a Public Safety Broadband Network

Panelists:

William J. Andrle, Jr., Wireless Alliances and Spectrum Strategy, Vice President,
Northrop Grumman Information Technology

Paul J. Cosgrave, Commissioner, New York Department of Information Technology and Telecommunications

Leonard Fatica, Alcatel-Lucent

Stu Overby, Senior Director of Global Spectrum Strategy, Motorola

Douglas C. Smith, CEO and President, Ericsson Federal Inc.

Richard Taylor, Senior Principal Engineer, System Design Technology, M/A-Com Wireless Systems Division

2:30 p.m. Adjournment

Sign language interpreters and open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Include a description of the accommodation needed, and include a way we can contact you if we need more information. Please make your request as early as possible. Last minute requests will be accepted, but may be impossible to fill. Send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

For additional information about the hearing, please visit the FCC's website at http://www.fcc.gov. Press inquiries should be directed to Robert Kenny at 202-418-2668 or Clyde Ensslin at 202-418-0506.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283877A1.doc



XM-Sirius Deal Done?

ok, here's what we think we know. On Tuesday morning, Federal Communications Commission member Jonathan Adelstein voted against the proposed merger between Sirius Satellite Radio and XM Satellite Radio after the companies refused to embrace any of his proposed conditions to win his support for the deal. That left FCC Chairman Kevin Martin and Commissioner Robert McDowell for the merger and Commissioners Adelstein and Copps against it. Commissioner Deborah Taylor Tate, as expected, became the deciding vote. She's indicated she will vote in favor of the buyout if the companies agree to settle charges they have violated agency rules, in addition to other lesser promises. Lawyers from both companies have met several times in the past two weeks with Tate and agency enforcement officials. The discussions appear to have involved the use of ground-based signal repeaters, used by the companies to ensure adequate coverage in all parts of the country. In one document, XM stated that it had been operating some of its repeaters in violation of FCC rules. Late Wednesday, the status of the enforcement action was unknown, but published reports indicate the companies were expected to enter into a consent decree and pay the FCC $20 million. The companies have agreed to submit to a number of conditions, including a three-year price cap, setting aside 8 percent of "full-time audio channels" for public interest and minority programming and adoption of an "open radio" standard that was less specific than what Adelstein was proposing.

Tribune plans no more newspaper sales in 2008

Tribune Co has no plans to sell other newspapers in 2008 after agreeing to sell Newsday to Cablevision Systems Corp, Chief Executive Sam Zell said. Zell told employees that he has had "intermittent conversations" with people interested in other Tribune properties, but would not describe the discussions. A group of buyers has publicly expressed interest in The Sun in Baltimore, while the only public potential bidder to surface for the Hartford Courant has since said a deal would make no financial sense. Tribune is selling properties, including the Chicago Cubs, as it tries to pay down about $13 billion in debt that it took when it went private in a deal led by Zell. He started examining asset sales and began cutting jobs after newspaper advertising revenue declines became worse than expected, making it harder for Tribune to make its debt payments. Sam Zell says he's not planning on selling any more newspapers, but anything else not nailed to the floor may be out the door. Observers think Zell may get $1 billion for the Chicago Cubs, Wrigley Field and a 25% stake in cable channel Comcast SportsNet. The highest price ever for a Major League Baseball team was the $700 million hedge fund maven John Henry paid for the Boston Red Sox in 2002.

McCain says coverage is 'fun to watch'

Trying to avoid being portrayed as a whiney spoilsport, Sen. John McCain (R-AZ) broke with his advisers Tuesday and told Katie Couric of CBS News that news coverage of the presidential campaign has been fair and even "fun to watch." Asked whether he believes he'd had unfair media coverage, Sen McCain replied, "I don't think so. I think ...it is what it is. I'm a big boy. And I'm enjoying every minute of the campaigning. And I'm certainly not complaining. And, in fact, I think it's fun to watch." Couric asked: "Do you think your campaign simply isn't as adept as Senator Obama's when it comes to facilitating media coverage?" Sen McCain replied: "No, I think my campaign's doing fine. We're two or three points behind. We're doing fine. I'm very happy with where we are. Senator Obama has run a very successful campaign, gaining the nomination of his party, and attracting the attention of many people. I'm happy. We're putting one foot ahead of the other. I'm happy with where we are. I relish the underdog. And I'm confident we're gonna be victorious. I'm very happy with my campaign. I'm very happy with where we are. Love the town hall meetings and I love the kind of campaigning we're doing."