July 2008

Kennard Favors Transition-Team DTV Watcher; Kneuer says Unnecessary

Former Federal Communications Commission chairman and current Barack Obama supporter William Kennard said Tuesday that he would recommend that someone on the Obama transition team be named to monitor the progress of the digital-TV transition. Full-power TV stations must pull the plug on analog signals Feb. 17, 2009, only three weeks after a new president is sworn in. "It is going to be a very challenging transition," Kennard said. "And the areas that are going to be most problematic are low-income people, elderly people and minorities, who are most at risk of losing their TV service altogether. Someone needs to be focused on this." Asked if he would recommend that someone be the designated DTV-transition watcher for the campaign, Kennard said, "Absolutely. Someone needs to be doing that. When you think you are going to have a new president-elect, then an inauguration in early February, who is going to be minding the store during that time? Former National Telecommunications and Information Administration head and current John McCain supporter John Kneuer he did not have conversations with the campaign about naming a DTV-transition minder, but, speaking as the former head of the NTIA, the transition will be "largely done" by the time the new president comes in. He added that given the "billions of dollars in advertising and consumer education from the private sector," by the time the new president comes in, "everything that is called for in the transition statute will be accomplished."

McCain camp says media 'in love' with Obama

Barack and the media sitting in a tree.... Sen John McCain's (R-AZ) campaign sent out an e-mail to supporters accusing the media of being "in love" with Democratic rival Barack Obama. The e-mail contains a link to two videos that feature a compilation of high-profile media personalities like MSNBC's Chris Matthews raving about Sen. Obama (D-IL). The McCain campaign has struggled to generate the same media attention Obama has garnered while traveling overseas.

Public-Interest Groups: Deny MPAA HD DVR Waiver

Back on June 6, the Motion Picture Association of America filed a formal request with the Federal Communications Commission for a waiver of rules governing the "selectable output controls" of set-top boxes so that they can selectively prevent the digital copying of HD versions of films they want to distribute via multichannel-video providers before their DVD releases. Now Public Knowledge and six other public-interest groups have asked the FCC to deny the studios' request, saying the waiver has little to do with the DTV transition and, in any event, would be costly to consumers and, if anything, hurt the transition.

TiVo: FCC should take baby steps on SOC

[Commentary] Digital video recorder inventor TiVo endorses MPAA'S' request for a waiver of rules restricting the use of selectable output controls (SOC) on set-top boxes, although it wants the agency to impose conditions on the waiver. The biggest condition it wants imposed is to make the waiver provisional, lasting no longer than two years, giving the FCC the chance to revisit the issue after the specific business models and content offerings being proposed by the MPAA have become clear. Other conditions TiVo would like to see:

1) The FCC should make clear that a waiver would not permit the disabling of any CableLabs-approved protected digital outputs on set-top boxes, "as would be possible under the requested blanket waiver." If such outputs were to be disabled, TiVo warns, "consumers who relied on assurances that their devices would be compatible would face confusion and frustration as their devices seemingly malfunctioned, and device manufacturers would lose the value of their significant investments in manufacturing compliant devices."

2) Certification of future outputs should be non-discriminatory and subject to FCC review: "The Bureau should not delegate the Commission's authority over approving outputs for the Service directly to the content industry without retaining the ability to review resulting decisions."

3) Consumers should be given "clear and conspicuous warning" before purchasing one of the new VOD offerings that the service may not be available on all audio/video outputs.

Tech Lobbying 101: Experts Cover The Basics

A handful of prominent technology experts got together Tuesday morning to provide congressional staffers with some insight into their industry's varied policy interests and legislative priorities. Speakers noted that the sector is often puzzling to legislators and regulators because it is complex and fast-moving and because IT is so diversified. Stakeholders rarely speak with one voice, they said. Getting beyond buzzwords like innovation, openness, jobs, or economic growth is sometimes difficult but when you peel back the rhetoric, most policy differences among IT companies are the result of competing business models. Examples discussed at the Association for Competitive Technology event included network neutrality, privacy and tech standards.

AT&T on verge of offering TV service in Chicago

AT&T has taken its first formal step to begin TV service in the city of Chicago. Utilizing provisions of a new state law, the telecom giant's Illinois unit last week quietly filed notice with the city that it may begin offering Internet-based high-definition television service in portions of Chicago in as soon as 10 days. The service would compete with existing cable and satellite-based systems. The notice does not indicate when service actually might begin or exactly where, and the company is being cagey on its ultimate plans. The build-out includes upgrades of AT&T's existing network, which often is bundled with telephone service. The TV signal is carried by the Internet, rather than arriving through a separate cable or a satellite signal. Critics contend that the AT&T system shortchanges public-access and municipal channels carried by the cable companies.



Wednesday, Sept. 24, 2008, 11:45 a.m.
The National Press Club, Washington, D.C.

The Parker Lecture draws enthusiasts from across the telecommunications spectrum to lift ideas and honor persons that contribute to the public interest in media.

The United Church of Christ Office of Communication, Inc. is a ministry of advocacy in media and telecommunications pioneered by Everett C. Parker. The Telecommunications Research & Action Center (TRAC) is a non-profit, tax-exempt membership organization based in Washington, D.C. Its primary goal s to promote the interests of residential telecommunications customers.

http://ga3.org/ucc/events/parker/details.tcl?qp_source=parker




Tuesday, September 9, 2008
8:30 a.m. - 3:30 p.m.

American Academy of Arts and Sciences
136 Irving Street
Cambridge, MA
http://wilmerhaleupdates.com/ve/ZZai98z72VC309484z31/VT=0/page=1

Agenda

8:30 a.m. Registration and Breakfast

9:00 a.m. -

9:15 a.m. Opening Remarks

Elena Kagan--Dean, Harvard Law School
William F. Lee--Co-Managing Partner, WilmerHale

9:15 a.m. - 10:45 a.m.
The Supreme Court Returns to Patent Law

Hon. Arthur J. Gajarsa--Circuit Judge, United States Court of Appeals for the Federal Circuit
Carter G. Phillips--Managing Partner of the Washington, D.C., office of Sidley Austin LLP
Richard G. Taranto--Partner, Farr & Taranto
Seth P. Waxman--Partner, WilmerHale

10:45 a.m - 11:00 p.m.
Break

11:00 a.m.- 12:30 p.m.
The Law of Obviousness after KSR: What is (or should be) Decided by Whom and When

John Duffy--Oswald Symister Colclough Research Professor of Law, George Washington University Law School
Robert S. Frank--Partner, Choate Hall & Stewart LLP
Reem Jishi--Deputy Chief Patent Counsel, Wyeth
William F. Lee--Co-Managing Partner, WilmerHale
Hon. Alan D. Lourie--Circuit Judge, United States Court of Appeals for the Federal Circuit
Steven R. Rodgers--Vice President and Associate General Counsel, Legal and Corporate Affairs Director, Litigation, Intel

12:45 p.m. - 1:45 p.m.
Lunch

Hon. Paul R. Michel--Chief Circuit Judge, United States Court of Appeals for the Federal Circuit

2:00 p.m. - 3:30 p.m.
Patent Reform Act and Its Implications

Mark Chandler--Senior Vice President, Legal Services, General Counsel and Secretary
Cisco Systems, Inc.
Dana R. Colarulli--Director of Government Relations, Intellectual Property Owners Association (IPO)
James Housel--Patent Attorney, Office of Intellectual Property Policy and Enforcement, United States Patent and Trademark Office
Sherry M. Knowles--Senior Vice President, Corporate Intellectual Property, GlaxoSmithKline

3:30 p.m. Closing Remarks

William W. Fisher--Professor of Law, Harvard Law School



Broadband Changed My Life!TM Series
--------------------------------------------------------------------------------

The Alliance for Public Technology & One Economy Corporation

cordially invite you to

Broadband in Low-income Communities:
From Access to Adoption

Wednesday, July 30

Capitol Building Room HC - 6
Washington, DC
12:00 p.m. - 1:30 p.m.

Welcome
The Honorable Eldolphus Towns
U.S. House of Representatives

Moderator
Joy Howell
Director, APT's Broadband Changed My Life!TM Campaign

Presenters:

Austin Bonner
Director of Communications and Media Relations, One Economy Corporation

Alec Ross
Executive Vice President, External Affairs, One Economy Corporation

http://ga3.org/apt/events/hillevent073008/details.tcl

Boxed lunch will be served.

The Alliance for Public Technology (APT) is a nonprofit membership organization based in Washington, D.C., which was founded in 1989 to foster public policies that ensure access to advanced telecommunications technologies for all Americans. APT is the leading consumer group focused exclusively on broadband and advanced telecommunications technologies. APT can be found online at www.apt.org.

APT's "Broadband Changed My Life!" campaign is a nationwide initiative to raise awareness of the life enhancing benefits of broadband technologies and services. Learn more about the campaign at www.BroadbandChangedMyLife.org.

One Economy Corporation is a global nonprofit organization whose mission is to maximize the potential of technology to help low-income people improve their lives and enter the economic mainstream. They bring broadband into the homes of low-income people, employ youth to train their community members to use technology effectively, and provide public-purpose media properties that offer a wealth of information on education, jobs, health care and other issues. One Economy uses innovative approaches to deliver the power o technology and information to low-income people, giving them valuable tools for building better lives.



July 22, 2008 (FCC Broadband Hearing Re-cap)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY JULY 22, 2008

INTERNET/BROADBAND
   FCC Broadband Hearing in Pittsburgh

BROADCASTING/CABLE
   Court Rejects FCC's "Nipplegate" Fine
   Product Placements in TV Newscasts

DIVERSITY
   MMTC Issues Road Map for Media Diversity
   Women, Minorities Advance in Local News

TELECOM
   Start-Up May Aid Telecoms' Reach
   Time Warner Cable, Verizon to Duel
   AT&T agrees to lower rates to amend for overbilling

GOVERNMENT & COMMUNICATIONS
   China's Unreality TV

ELECTIONS & MEDIA
   War Takes center Stage of Campaign Coverage

MEDIA OWNERSHIP
   XM-Sirius Deal: Inching Closer, Or Falling Apart?

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INTERNET/BROADBAND

FCC BROADBAND HEARING IN PITTSBURGH
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
The Federal Communications Commission traveled to Carnegie Mellon University in Pittsburgh Monday to discuss "Broadband and the Digital Future." The FCC commissioners heard about privacy, fairness and commercial possibility. Rep Mike Doyle (D-PA) helped organize the event saying it was intended to address two major concerns -- the so-called "digital divide" between those who have broadband access and those who don't, and "Network Neutrality," or the openness of the Internet. The United States government needs to expand its broadband mapping efforts and collect information about Internet speed tiers, Federal Communications Chairman Kevin Martin said. FCC Commissioner Michael Copps said, "No matter who you are, or where you live, or how much money you make ... you will need, and you are entitled to have these tools (broadband Internet) available to you, I think, as a civil right." Commissioner Jonathan Adelstein echoed Doyle's and Martin's calls for regulations and seconded Martin's belief that America must find a solutions that will help increase broadband deployment and speed while also lowering the cost of broadband. Commissioner Deborah Taylor Tate emphasized her efforts to crack down on online child pornography. Internet service providers should be free to take unilateral action against such sites, she said. Tate also cited the need to respect intellectual property rights online. Commissioner Robert McDowell, appearing to reject some of the more regulatory policies of his colleagues, said that the Internet has flourished because engineers have, and should continue, to be the solvers of engineering problems, not governmental officials.
http://benton.org/node/15405
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BROADCASTING/CABLE

COURT REJECTS FCC'S "NIPPLEGATE" FINE
[SOURCE: Associated Press, AUTHOR: Joann Loviglio]
A federal appeals court on Monday threw out a $550,000 indecency fine against CBS Corp. for the 2004 Super Bowl halftime show that ended with Janet Jackson's breast-baring "wardrobe malfunction." The three-judge panel of the 3rd U.S. Circuit Court of Appeals -- Chief Judge Anthony J. Scirica, Judge Marjorie O. Rendell and Judge Julio M. Fuentes -- ruled that the Federal Communications Commission "acted arbitrarily and capriciously" in issuing the fine for the fleeting image of nudity. The 90 million people watching the Super Bowl, many of them children, heard Justin Timberlake sing, "Gonna have you naked by the end of this song," as he reached for Jackson's bustier. The court found that the FCC deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so "pervasive as to amount to 'shock treatment' for the audience." "Like any agency, the FCC may change its policies without judicial second-guessing," the court said. "But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure." They also ruled that the FCC deviated from its long-held approach of applying identical standards to words and images when reviewing complaints of indecency.
http://benton.org/node/15390
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PRODUCT PLACEMENTS IN TV NEWSCASTS
[SOURCE: Las Vegas Sun, AUTHOR: Abigail Goldman]
KVVU, the Fox affiliate in Las Vegas (NV), following the lead of a few TV stations across the country, is integrating product placements into newscasts. McDonald's is paying for two iced coffee look-alikes (no, it's not really iced coffee) to sit before the news anchors of KVVU's news anchors. The station and McDonald's won't disclose how much the fast food empire paid for the product placement. But lest there be any concerns about mixing fact (the morning news) with fiction (fake coffee), KVVU news director Adam Bradshaw points out that the cups are put out only after 7 a.m., when the hard news gives way to light lifestyle news. "I stress the fact that it is being done on a program that is a combination of news entertainment and lifestyle programming," Bradshaw says. Kelly McBride, the ethics group leader for Poynter Institute, the nonprofit journalism training organization, isn't convinced. Product placement in a newsroom, she worries, represents the "slippage" of news into advertisement, a descent into a dark world where conglomerate companies control coverage.
http://benton.org/node/15398
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DIVERSITY

MMTC ISSUES ROAD MAP FOR MEDIA DIVERSITY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Minority Media & Telecommunications Council has released the Road Map for Telecommunications Policy, seeking "nothing less than the complete eradication of racial discrimination and its present effects from the nation's most influential and important industries -- mass media and telecommunications." Recommendations include more minority Federal Communications Commission commissioners and staff; asking Congress to give the Federal Trade Commission the power to prohibit racial discrimination in advertising; opposing cable a la carte; and calling for an investigation into radio ratings. Four of the Federal Communications Commission's five commissioners weighed in on the issue of media diversity at Monday's MMTC conference. All agreed that more needed to be done.
http://benton.org/node/15396
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WOMEN, MINORITIES ADVANCE IN LOCAL NEWS
[SOURCE: tvnewsday, AUTHOR: ]
The percentage of journalists of color and women working in local television and radio news rose in 2007, as did the percentage of both groups in newsroom leadership positions, according to a survey released by the Radio-Television News Directors Association. The 2008 RTNDA/Hofstra University Annual Survey conducted in fourth-quarter 2007 shows that minorities made up 23.6 percent of local television news staffs, an increase over the 21.5 percent result in 2006, and the second highest percentage since the peak in 2001. The bigger picture appears more mixed. In the past 18 years, the minority population in the United States has risen 8.1 percent; but the minority workforce in TV news is up 5.8 percent, and the minority workforce in radio is up by just 1 percent.
http://benton.org/node/15394
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TELECOM

START-UP MAY AID TELECOM'S REACH
[SOURCE: Wall Street Journal, AUTHOR: Leila Abboud]
As the telecom industry gears up to reach billions of potential mobile-phone users in developing countries, a Swedish-Indian start-up has developed an innovative piece of equipment: a build-it-yourself radio tower that consumes about as much energy as a light bulb. For years, telecom operators have been trying to expand into rural areas in Asia, Africa and the Middle East -- a major growth opportunity at a time when urban areas are saturated. Some two billion new subscribers are projected to start using mobile phones in the next five years, and 80% of them live in developing-world markets, according to analyst estimates. Yet wiring villages without reliable electricity, and where residents have little money to spend, requires a technological rethink.
http://benton.org/node/15402
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TIME WARNER CABLE, VERIZON TO DUEL
[SOURCE: Wall Street Journal, AUTHOR: Vishesh Kumar]
As Verizon gears up to offer pay-TV service in New York City, Time Warner Cable is making a series of moves to compete more aggressively with the phone titan for one of its most prized markets. Verizon received final approval from local authorities last week to launch its FiOS TV service in New York. It has already begun taking video-service orders and plans to begin installing starting on August 1, says Rich Greenfield, an analyst at Pali Capital, who downgraded Time Warner Cable's stock to a sell on Monday because he thought the company was ill prepared for the heightening competition.
http://benton.org/node/15401
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AT&T AGREES TO LOWER RATES TO AMEND FOR OVERBILLING
[SOURCE: Chicago Tribune, AUTHOR: James Miller]
Illinois Attorney General Lisa Madigan (D) said Monday that her office has reached an agreement with AT&T's Illinois subsidiary, under which some Illinois phone customers who were over-billed will receive -- in addition to $1.5 million in refunds they have already garnered -- an additional $5.5 million in future rate concessions through November 2011. As part of the agreement, AT&T Illinois also agreed to $5.5 million in future rate concessions. In one element of those concessions, the AT&T unit will forgo the last of three rate hikes that the ICC has previously authorized, which was scheduled to take effect on January 1, 2009.
http://benton.org/node/15392
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GOVERNMENT & COMMUNICATIONS

CHINA'S UNREALITY TV
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] China has gone to extraordinary lengths to spruce up its image before next month's Olympics: shuttering factories to reduce air pollution, mopping up algae in sailing waters, harassing critics and threatening journalists. To win the right to host the Games, Beijing promised to expand press freedoms for foreign reporters and implied that opening China to the world would help expand human rights more generally. We will never know whether China's leaders intended to keep their word. What we do know is that the International Olympic Committee, corporate sponsors and governments around the world should have held China to its word. They have not, and China has read their silence as complicity. Even with all of the intimidation, human rights advocates (and maybe some athletes) will likely try to use the Games to protest China's repression. Beijing needs to know that the world will be watching how it handles that bit of reality TV.
http://benton.org/node/15404
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ELECTIONS & MEDIA

WAR TAKES CENTER STAGE OF CAMPAIGN COVERAGE
[SOURCE: Project for Excellence in Journalism, AUTHOR: Mark Jurkowitz]
According to the Campaign Coverage Index of Pew Research Center's Project for Excellence in Journalism for the week of July 14-20, more than one-third of the campaign coverage last week focused on Iraq and Afghanistan and Sen Barack Obama's trip to the Middle East. The week was also the sixth straight since the general election began in which Obama, the presumptive Democratic nominee, Obama, enjoyed a distinct advantage in the race for exposure over the presumptive Republican nominee, John McCain. Last week, Obama was a significant presence in 83% of campaign stories studied, vs. McCain in 52%. (To be a significant presence in a story, 25% of the story must be about that person.)
http://benton.org/node/15403
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MEDIA OWNERSHIP
XM-Sirius Deal: Inching Closer, Or Falling Apart?
XM-SIRIUS DEAL: INCHING CLOSER, OR FALLING APART?
[SOURCE: BusinessWeek, AUTHOR: Olga Kharif]
[Commentary] So, is the XM-Sirius merger going to happen or not? The Motley Fool suggests that Sirius should walk away from its merger deal with XM rather than accept additional concessions posed by the Federal Communications Commission. Kharif has the opposite view arguing that 1) the satellite radio companies have already come too far to back out of the merger now, and 2) the additional concessions the companies have been asked to make aren't as serious as they appear.
http://benton.org/node/15399
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