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July 2008

‘Boob Tube’ Still King: Nielsen

Video consumers are spending more time on every available platform, including TVs, computers and cell phones, according to a report on television consumption released Tuesday by Nielsen. Despite other options for consuming content, Americans are spending an increased amount of time in front of televisions: an average of 127 hours, 15 minutes a month. This viewing is not at the expense of Internet use: that metric is up 9%, to 26 hours and 26 minutes a month. Online viewing is estimated at 2 hours and 19 minutes and Americans watch 3 hours and 15 minutes a month on their cell phones.
http://www.multichannel.com/article/CA6576519.html?nid=4262

Industry To FCC: Investigate Arbitron's PPMs

The Advisory Committee on Diversity for Communications in the Digital Age has asked the Federal Communications Commission to investigate the potential effects of measurement by the Portable People Meter, Arbitron's passive electronic measurement system, on radio stations with "urban" formats. They target specific minority groups, chiefly African-Americans and Hispanics. The advisory committee's request follows a series of public complaints by some radio groups about alleged flaws in Arbitron's sampling methodology for PPM, including open letters to Arbitron's management and ads addressed to the radio business at large in trade magazines. The alleged flaws include significant under-representation of minority groups, especially black males ages 18-54.

Consumers Union Takes FCC’s Side vs. Verizon

While Verizon Communications has argued that the Federal Communications Commission's demand that it stop its retention-marketing practices would hurt consumers, the Consumers Union disagreed and weighed in on the side of the FCC and cable operators. In an amicus brief to the Federal Appeals Court for the D.C. Circuit, CU said that while Verizon's marketing program -- in the form of discounts, gift cards and information about alternatives -- "may afford some short-term savings," it does so "at the expense of the competitive process in general."
http://www.broadcastingcable.com/article/CA6576542.html?rssid=193

Inouye, Stevens: Shorten Number Portability

Senate Commerce Committee Chairman Daniel Inouye (D-Hawaii) and Vice Chairman Ted Stevens (R-Alaska) have written Federal Communications Commission Chairman Kevin Martin expressing concern about phone number portability, the ability of phone customers to keep their number when they switch services. The senators suggested that the FCC might need to shorten that porting interval to "reduce the possibility of anticompetitive behavior."
http://www.broadcastingcable.com/article/CA6576544.html?rssid=193

Orlando to Advise FCC's Tate

Federal Communications Commission member Deborah Taylor Tate has tapped Greg Orlando to serve as one of her legal advisors, specializing in wireline issues, including broadband and universal service reform. Orlando most recently served as Legislative Director and Counsel to Representative Mike Ferguson. While in that position, he handled and advised on all issues under the jurisdiction of the House Energy and Commerce Committee, Subcommittee on Telecommunications and the Internet, including video franchising, content protection and DTV transition legislation. Prior to joining Representative Ferguson's staff, Orlando served as Legislative Director to Congressman John Doolittle, handling House Appropriations Committee work and campaign finance reform issues. Orlando received his B.A. from Fordham University, and his J.D. from Catholic University, Columbus School of Law.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283536A1.doc

July 8, 2008 (FISA; DTV)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY JULY 8, 2008

The Senate Commerce Committee hold a hearing tomorrow on the Privacy Implications of Online Advertising (http://www.benton.org/node/15024)

GOVERNMENT & COMMUNICATIONS
Revised Intelligence Law Would Broaden Government Surveillance Powers
Compromising the Constitution
Listening to Compromise

BROADCASTING
Today is Digital Television Day
LCCR: "Serious Problems" with DTV Switch
FCC Commissioners to Star in DTV PSAs

CABLE
Cable Franchising Bills No Help To Consumers
ABC, Affiliates End Joint Ownership Talks

ELECTION 2008
Hundt, Kennard Suffer From McCain Amnesia
Nielsen: Barack Obama Owning Web

QUICKLY -- Educators wrestle with digital-equity challenges

GOVERNMENT & COMMUNICATIONS

REVISED INTELLIGENCE LAW WOULD BROADEN GOVERNMENT SURVEILLANCE POWERS
[SOURCE: Wall Street Journal, AUTHOR: Evan Perez]
Congress is expected to approve Wednesday a White House-backed bill to update the Foreign Intelligence Surveillance Act -- the most sweeping change in the 30-year-old law and one that may further expand the use of evidence gathered by intelligence agencies in criminal cases. FISA determines how the government conducts intelligence surveillance. Before Sept. 11, 2001, intelligence agencies could not readily share information with federal prosecutors. After the terrorist attacks in the U.S., those rules were relaxed. The Justice Department says that since 2001, there has been a fourfold increase in the number of requests by prosecutors to use information derived from eavesdropping. The great majority of requests are approved. The new legislation offers a window on how prosecutors have been using such surveillance, and it has spurred a sharp debate over the bill's likely impact on civil liberties.
http://benton.org/node/15043

COMPROMISING THE CONSTITUTION
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] Congress has been far too compliant as President Bush undermined the Bill of Rights and the balance of powers. It now has a chance to undo some of that damage -- if it has the courage and good sense to stand up to the White House and for the Constitution. The Senate should reject a bill this week that would needlessly expand the government’s ability to spy on Americans and ensure that the country never learns the full extent of President Bush’s unlawful wiretapping. The bill dangerously weakens the 1978 Foreign Intelligence Surveillance Act, or FISA. Adopted after the abuses of the Watergate and Vietnam eras, the law requires the government to get a warrant to intercept communications between anyone in this country and anyone outside it -- and show that it is investigating a foreign power, or the agent of a foreign power, that plans to harm America. Proponents of the FISA deal say companies should not be “punished” for cooperating with the government. That’s Washington-speak for a cover-up. The purpose of withholding immunity is not to punish but to preserve the only chance of unearthing the details of Mr. Bush’s outlaw eavesdropping. Only a few senators, by the way, know just what those companies did. Restoring some of the protections taken away by an earlier law while creating new loopholes in the Constitution is not a compromise. It is a failure of leadership.
http://benton.org/node/15042

LISTENING TO COMPROMISE
[SOURCE: New York Times, AUTHOR: Morton Halperin]
[Commentary] Two years ago, Halperin stated his belief that the Bush administration’s warrantless wiretapping program and disregard for domestic and international law poses a direct challenge to our constitutional order, and “constitutes a far greater threat than the lawlessness of Richard Nixon.” Because he rejected the Nixon administration’s use of national security as a pretext for broad assertions of unchecked executive power, Halperin became engaged with the Foreign Intelligence Surveillance Act when it was proposed in the early 1970s. And because he rejects the Bush administration’s equally extreme assertions of executive power at the expense of civil liberties, Halperin has been engaged in trying to improve the current legislation. As someone whose civil liberties were violated by the government, Halperin understands this legislation isn't perfect. But he also believes that it represents our best chance to protect both our national security and our civil liberties.
http://benton.org/node/15041

BROADCASTING

CAPITOL HILL SET FOR DIGITAL TELEVISION DAY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Today is Digital Television Day on Capitol Hill. The House Commerce Committee has organized the day-long event during which members of Congress and their staffs can bone up on the finer points of the transition and education programs, including some hands-on demonstrations on how to install a converter box. The Federal Communications Commission, the National Telecommunications and Information Administration, the DTV Transition Coalition and various industries and consumer groups will be on hand in the lobby of the Rayburn House office building to answer questions, as well.
http://benton.org/node/15032

LCCR: "SERIOUS PROBLEMS" WITH DTV SWITCH
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Leadership Conference on Civil Rights said digital-TV-education problems remain -- including a lack of federal leadership, viewer confusion, upselling and a host of others -- that could keep "many" viewers, including minorities and the elderly and disabled, in the dark. The group pointed to what it said are "serious problems" with the transition and education efforts, which it said Congress needs to help solve with a more coordinated and better-funded effort. They included: Absence of clear federal leadership and a comprehensive transition plan; Lack of viewer awareness; Viewer and retailer confusion; TV converter-box-coupon-program problems and complexities; Excessive and unanticipated costs and burdens to viewers to make the transition; Loss of community television stations; Difficulties in procuring and attaching converter boxes; Reports of unnecessary retailer upselling; Difficulties for seniors and people with disabilities in accessing captioning and any available video description on digital converter, cable, or satellite boxes and finding converter boxes that support video description; and No rapid-response capability to deal with problems on and after Feb. 17, 2009. Their suggested remedies included Y2K-like planning; investing more government money in outreach, including home visits and more converter boxes per household; making more analog pass-through boxes available; and requiring converter boxes to be automatically upgradable via software.
http://benton.org/node/15033

FCC COMMISSIONERS TO STAR IN DTV PSAs
[SOURCE: TVWeek, AUTHOR: Ira Teinowitz]
Coming to a public service announcement impression near you -- the FCC's Fab Five. Amid criticism that the Federal Communications Commission is relying too much on private industry to get out the word of the digital transition, FCC Commissioners including Chairman Kevin Martin are set to be featured in a new public service effort being readied by the agency. The new public service messages will be sent to TV stations to air. The FCC has asked to spend up to $32 million in the fiscal year that begins in October on an ad campaign promoting the DTV transition. That request has drawn some concerns from Congress, the General Accountability Office and public policy groups that fear that agency may be waiting too long and not doing enough.
http://benton.org/node/15031

CABLE

CABLE FRANCHISING BILLS NO HELP TO CONSUMERS: SURVEY
[SOURCE: Multichannel News, AUTHOR: Linda Haugsted]
State cable franchising bills have not led to lower cable rates, and support for public access channels has eroded in those states with such schemes, according to a survey conducted by the Alliance for Community Media and the National Association of Telecommunications Officers and Advisors. The survey shows that 66% of the respondents said basic cable rates have increased in their communities, even after the arrival of competition. Only 1% of survey respondents said rates decreased after the state franchise bills were passed. Competitors have taken advantage of the new regulatory regime: 68% of respondents said competitors, including AT&T and Verizon, have applied for state franchises. However, incumbents are taking advantage of the regulatory change, too. Fifty-two percent of respondents said legacy operators have applied to be regulated by the state. Twenty percent of the respondents, from communities in California, Florida, Iowa, Indiana, Kansas, Michigan, Missouri, North Carolina, Ohio, Texas and Wisconsin said their funding for local cable production had decreased since the passage of state regulatory bills.
http://www.benton.org/node/15030

ABC, AFFILIATES END JOINT OWNERSHIP TALKS
[SOURCE: TVWeek, AUTHOR: Michele Greppi]
Content ownership seems to be the main sticking point for failed talks between ABC and its affiliates about launching a national-local cable news channel built of content from ABC News and ABC affiliates. Content provided by the local stations was to be an essential element of the proposed channel, to be called ABC News Now. Therefore, ABC stations maintained from the start that it should be a joint venture, with the affiliate body and network both holding equity stakes and sharing control, an issue they regarded as just as important as a share of any revenues. More than once over the course of the discussions, ABC and parent Walt Disney Co. had agreed to joint ownership, only to reverse position. NBC and its affiliates share ownership in the NBC Weather Plus joint venture, but no other network has contemplated a joint news operation.
http://benton.org/node/15027

ELECTION 2008

HUNDT, KENNARD SUFFER FROM MCCAIN AMNESIA
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
Former Federal Communications Commission Chairmen Reed Hundt and Bill Kennard are supporters of Sen Barack Obama. On June 10, Hundt asked, “Can you name one merger, since 1996, that John McCain has opposed?” But, in April 1999, Reuters reported that McCain slammed AT&T’s $58 billion takeover of cable operator MediaOne Group. “This is the obvious result of a [telecommunications] act that was designed to protect special interests and neglected the consumer,” McCain told the news service. “If you can't compete, buy your opponents." Meanwhile, BusinessWeek reported Hundt hailed AT&T’s big cable company purchase. On June 25, Kennard said, "I'm hard-pressed to think of one significant legislative achievement in the [telecom] sector that was championed and was implemented by John McCain during his leadership on the Commerce Committee, because there isn't." But what of Sen McCain's role in passing the Satellite Home Viewer Improvement Act of 1999. That law allowed DirecTV and Dish Network to offer local TV signals in every market for the first time in history, igniting competition with cable.
http://benton.org/node/15029

NIELSEN: BARACK OBAMA OWNING WEB
[SOURCE: MediaWeek, AUTHOR: Mike Shields]
When it comes to the Web, Democratic presidential candidate Senator Barack Obama is drawing a much larger crowd and generating considerably more chatter, says a new report issued by Nielsen Online. As of May, the Illinois Senator attracted more than four times as many individual visitors to his Web site as did his Republican Senator John McCain: 2.3 million unique users for Obama versus just 563,000 for McCain. That same month, Obama’s campaign ran over 105 million ad impressions versus just 8.6 million for McCain. Similarly, In June, Obama generated nearly twice as much “buzz volume” on blogs, said Nielsen, as the Senator was referenced in 0.75 percent of consumer discussions, while McCain was mentioned in 0.39 percent of such discussions.
http://benton.org/node/15028

QUICKLY

EDUCATORS WRESTLE WITH DIGITAL-EQUITY CHALLENGES
[SOURCE: eSchool News, AUTHOR: Dennis Pierce]
Despite gains in the number of households that are online and the number of computing devices in the hands of students, making sure all learners have equitable access to technology resources continues to be a challenge in the United States and worldwide. Students who lack this access to technology are at a disadvantage, ed-tech advocates say, because they are missing out on opportunities to learn and to become participants in an increasingly digital workforce and society.
http://benton.org/node/15026

Revised Intelligence Law Would Broaden Government Surveillance Powers

Congress is expected to approve Wednesday a White House-backed bill to update the Foreign Intelligence Surveillance Act -- the most sweeping change in the 30-year-old law and one that may further expand the use of evidence gathered by intelligence agencies in criminal cases. FISA determines how the government conducts intelligence surveillance. Before Sept. 11, 2001, intelligence agencies could not readily share information with federal prosecutors. After the terrorist attacks in the U.S., those rules were relaxed. The Justice Department says that since 2001, there has been a fourfold increase in the number of requests by prosecutors to use information derived from eavesdropping. The great majority of requests are approved. The new legislation offers a window on how prosecutors have been using such surveillance, and it has spurred a sharp debate over the bill's likely impact on civil liberties.
http://online.wsj.com/article/SB121548191654934679.html?mod=todays_us_pa...
(requires subscription)

Compromising the Constitution

[Commentary] Congress has been far too compliant as President Bush undermined the Bill of Rights and the balance of powers. It now has a chance to undo some of that damage -- if it has the courage and good sense to stand up to the White House and for the Constitution. The Senate should reject a bill this week that would needlessly expand the government’s ability to spy on Americans and ensure that the country never learns the full extent of President Bush’s unlawful wiretapping. The bill dangerously weakens the 1978 Foreign Intelligence Surveillance Act, or FISA. Adopted after the abuses of the Watergate and Vietnam eras, the law requires the government to get a warrant to intercept communications between anyone in this country and anyone outside it -- and show that it is investigating a foreign power, or the agent of a foreign power, that plans to harm America. Proponents of the FISA deal say companies should not be “punished” for cooperating with the government. That’s Washington-speak for a cover-up. The purpose of withholding immunity is not to punish but to preserve the only chance of unearthing the details of Mr. Bush’s outlaw eavesdropping. Only a few senators, by the way, know just what those companies did. Restoring some of the protections taken away by an earlier law while creating new loopholes in the Constitution is not a compromise. It is a failure of leadership.
http://www.nytimes.com/2008/07/08/opinion/08tue1.html?ref=todayspaper
(requires registration)

Listening to Compromise

[Commentary] Two years ago, Halperin stated his belief that the Bush administration’s warrantless wiretapping program and disregard for domestic and international law poses a direct challenge to our constitutional order, and “constitutes a far greater threat than the lawlessness of Richard Nixon.” Because he rejected the Nixon administration’s use of national security as a pretext for broad assertions of unchecked executive power, Halperin became engaged with the Foreign Intelligence Surveillance Act when it was proposed in the early 1970s. And because he rejects the Bush administration’s equally extreme assertions of executive power at the expense of civil liberties, Halperin has been engaged in trying to improve the current legislation. As someone whose civil liberties were violated by the government, Halperin understands this legislation isn't perfect. But he also believes that it represents our best chance to protect both our national security and our civil liberties.
http://www.nytimes.com/2008/07/08/opinion/08halperin.html?ref=todayspaper
(requires registration)

LCCR: "Serious Problems" with DTV Switch

The Leadership Conference on Civil Rights Monday applauded digital-TV-education efforts by broadcasters and the government but said problems remain -- including a lack of federal leadership, viewer confusion, upselling and a host of others -- that could keep "many" viewers, including minorities and the elderly and disabled, in the dark. The group pointed to what it said are "serious problems" with the transition and education efforts, which it said Congress needs to help solve with a more coordinated and better-funded effort. They included: Absence of clear federal leadership and a comprehensive transition plan; Lack of viewer awareness; Viewer and retailer confusion; TV converter-box-coupon-program problems and complexities; Excessive and unanticipated costs and burdens to viewers to make the transition; Loss of community television stations; Difficulties in procuring and attaching converter boxes; Reports of unnecessary retailer upselling; Difficulties for seniors and people with disabilities in accessing captioning and any available video description on digital converter, cable, or satellite boxes and finding converter boxes that support video description; and No rapid-response capability to deal with problems on and after Feb. 17, 2009. Their suggested remedies included Y2K-like planning; investing more government money in outreach, including home visits and more converter boxes per household; making more analog pass-through boxes available; and requiring converter boxes to be automatically upgradable via software.
http://www.broadcastingcable.com/article/CA6576007.html?rssid=193

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