Sept 29, 2008 (News from Congress and the Campaign)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY SEPTEMBER 29, 2008
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ELECTIONS & MEDIA
'Substantive' Press Is Taken for a Spin
When all truth is relative
The GOP's real go-to guy
Coalition Wants Debates More Friendly to Voters, Web
McCain Picks Bad Time to Cede Battleground
Political Ads Flow To Local Cable
People Tune in for Bush, McCain, Obama
NEWS FROM CONGRESS
Senate Passes Broadband Data Improvement Act
Senate passes property rights bill
Commerce Committee Approves CPB Nominations
Webcaster Settlement Act Sails Through House
DTV Switch on U.S.-Mexico Border Concerns Lawmakers
House Commerce Committee Wraps FCC Investigation
BROADCASTING/CABLE
Adelstein Advocates More Analog-Cutoff Tests
Beware of Bureaucrats Bearing Deals
Stations Demand Retrans Cash
PPM Coalition, Arbitron Submit Comments To FCC
INTERNET/BROADBAND
Meeting on Broadband Policy to be Held by the Federal-State Joint Conference on Advanced Services
Broadband for Everyone, Everywhere
Think Tank Shuns Free Nationwide Wireless Plan
Net neutrality: An American problem?
WIRELESS
Google seeks patent to break mobile subscriber shackles
ELECTIONS & MEDIA
SUBSTANTIVE' PRESS IS TAKEN FOR A SPIN
[SOURCE: Washington Post, AUTHOR: Howard Kurtz]
[Commentary] Polls Friday night may have indicated that Sen Barack Obama (D-IL) won the presidential debate, but Kurtz believes Sen John McCain's campaign won the spin war afterwards. What was equally striking, inside the massive media tent, was that some of the journalists who profess to want an elevated debate on the issues -- which is precisely what they got, courtesy of moderator Jim Lehrer -- seemed unusually interested in style points. Perhaps the debate's sober tone left the journalistic handicappers searching for a more personal way to score the session. They disdain the predictable partisans who show up afterward, but these advocates didn't lack for attention.
http://benton.org/node/17385
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WHEN ALL TRUTH IS RELATIVE
[SOURCE: Los Angeles Times, AUTHOR: Gregory Rodriguez]
[Commentary] Last week, John McCain's campaign resorted to yet another Republican attack on the media, this time the New York Times, for being "150% in the tank" for Barack Obama. McCain's campaign manager, Rick Davis, was smarting from a story that revealed he had made a sizable amount of money as head of an advocacy group that represented the interests of Fannie Mae and Freddie Mac. And instead of attacking the veracity of the story, the campaign initially attacked the messenger and called into question everything the Times -- and, I'd suggest, by implication the rest of the so-called liberal media -- reported on McCain's campaign. The revelations and the barbs continued to fly, with the Times uncovering additional payments from Freddie Mac to Davis' firm through last month, and the McCain side fulminating mostly about the "partisan paper of record" and claiming that Davis received no remuneration or profit of any kind from his firm since 2006. I'm no defender of the New York Times. I often find its high-and-mighty tone pretentious and self-serving. But it worries me that Republicans have made it a primary tactic to respond to negative news with immediate media smears and charges of bias.
http://benton.org/node/17384
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THE GOP'S REAL GO-TO GUY
[SOURCE: Los Angeles Times, AUTHOR: Zev Chafets]
[Commentary] If John McCain is elected president, he will have a lot of people to thank. Improbably, first on the list will be the man who didn't want him in the White House, Rush Limbaugh. Limbaugh vociferously campaigned against McCain throughout the primary season. He accused the Arizona senator of being a closet liberal and a collaborator with Democratic enemies such as Sens. Russ Feingold and Teddy Kennedy. This caused a lot of glee in Democratic circles. Some optimists even predicted a devastating split in the GOP. This was a false hope. Limbaugh never had any intention of breaking with his party. When he saw that he couldn't stop McCain, he swallowed hard and began trying to push McCain to the right. Limbaugh made it clear that he wanted a vice presidential candidate from the Republican wing of the Republican Party. He got his way with the choice of Alaska Gov Sarah Palin. Limbaugh now believes, with more than a little justification, that the pick was an effort by McCain to satisfy him and fellow conservatives. And he is indeed satisfied.
http://benton.org/node/17383
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COALITION WANTS DEBATES MORE FRIENDLY TO VOTERS, WEB
[SOURCE: PCWorld, AUTHOR: Grant Gross]
With a couple of changes, upcoming U.S. presidential debates could be more friendly to both voters and to the Web, a diverse coalition of bloggers, political consultants and advocates said. The Open Debate Coalition, including both Democrats and Republicans, called on presidential candidates Barack Obama and John McCain to change some of the rules of the debates in a way that would encourage voters to submit and select questions over the Web and would allow Web sites to redistribute video of the debates without copyright concerns. In a letter to the two campaigns, unveiled late Thursday, the coalition asked the two major presidential candidates to allow the public not only to submit questions but also to select which questions are asked in an upcoming debate. Using the Web, the public should be able to vote on which submitted questions are asked, the letter said.
http://benton.org/node/17382
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MCCAIN PICKS BAD TIME TO CEDE BATTLEGROUND
[SOURCE: AdAge, AUTHOR: Evan Tracey]
[Commentary] Last week, Sen John McCain (R-AZ) took a bold risk and suspended his campaign to go to Washington to help resolve the country's economic crisis. On the one hand this move is consistent with his "country first" brand, but on the other hand a total suspension of his campaign may jeopardize his party's chances this fall. Instead, McCain should have scaled back his buys and changed the tone of his ads. By releasing less combative spots, he could reassure the country that he will be in Washington addressing the financial crisis instead of playing politics. This strategy would have allowed him to remain on the air while still putting "country first." With Sen Barack Obama (D-IL) outspending McCain nearly 2 to 1 on a daily basis, now is not the best time for McCain to reduce his advertising. Decreasing ad buys for even a couple of days will surrender valuable media mass in the media battleground to Obama. Meanwhile, for the past several weeks, Obama has ramped up his ad spending by more than 20% percent a week in Ohio, Florida, Colorado, Pennsylvania and Michigan. His total spending now exceeds $2 million a day.
http://benton.org/node/17381
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POLITICAL ADS FLOW TO LOCAL CABLE
[SOURCE: Broadcasting&Cable, AUTHOR: Robert Marich]
Analysts are scratching their heads over why political advertising on TV has been light so far in measured national and spot broadcast TV business. Local cable ad sales executives say they've solved the mystery -- the missing money is going into their pockets. If spending trends continue, local cable advertising executives estimate they will finish with several hundred million dollars in political advertising by Election Day, versus the tens of millions they accrued in the 2004 presidential election. With local cable ad volume not measured due to its fragmentation, the boomlet has gone under the radar of traditional ad data services. Some guess that local cable is getting approximately 15% of the political TV ad spend, versus 4% in 2004 when cable interconnects were less developed. Taking into account TNS Media's Campaign Media Analysis Group (CMAG) estimate of $3 billion in political TV ads in 2008 -- versus $1.7 billion in 2004 -- this percentage could translate into a roughly fivefold increase. CMAG doesn't measure local cable.
http://benton.org/node/17380
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PEOPLE TUNE IN FOR BUSH, MCCAIN, OBAMA
[SOURCE: TVWeek, AUTHOR: Michele Greppi]
Friday night's presidential debate between Republican candidate John McCain and Democratic candidate Barack Obama drew a combined household rating of 33.2 in 55 of the 56 local TV markets metered by Nielsen Media Research. Thursday night's presidential address on the current economic crisis and rescue plan was watched by 52.7 million viewers, according to Nielsen Media numbers.
http://benton.org/node/17379
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NEWS FROM CONGRESS
SENATE PASSES BROADBAND DATA IMPROVEMENT ACT
[SOURCE: US Senate Commerce Committee]
On Friday, the Senate passed S. 1492, the Broadband Data Improvement Act, which seeks to improve the quality of federal broadband data collection and encourages state initiatives that promote broadband deployment. The Broadband Data Improvement Act specifically would: 1) Direct the Federal Communications Commission (FCC) to conduct inquiries into the deployment of advanced telecommunications services on an annual, rather than periodic, basis. 2) Direct the Census Bureau to include a question in its American Community Survey that assesses levels of residential computer use and dial-up versus broadband Internet subscribership. 3) Direct the Government Accountability Office (GAO) to develop broadband metrics that may be used to provide consumers with broadband connection cost and capability information and improve the process of comparing the deployment and penetration of broadband in the United States with other countries. 4) Direct the Small Business Administration's Office of Advocacy to conduct a study evaluating the impact of broadband speed and price on small businesses. 5) Establish a program that would provide matching grants to State non-profit, public-private partnerships in support of efforts to more accurately identify barriers to broadband adoption throughout the State.
http://benton.org/node/17378
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SENATE PASSES PROPERTY RIGHTS BILL
[SOURCE: Variety, AUTHOR: William Triplett]
Congress has passed a major intellectual property rights bill strongly supported by showbiz after one of two controversial provisions was removed. The full Senate passed on Friday the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which increases federal resources for enforcing existing copyright laws and attempts to better facilitate US IP policy. The House had already passed its version of the bill and voted late Sunday to essentially approve the Senate's version, which was very similar to its own. President Bush is expected to sign it. Gigi B. Sohn, president and co-founder of Public Knowledge, said, "It is unfortunate that the Senate felt it necessary to pass this legislation. The bill only adds more imbalance to a copyright law that favors large media companies. At a time when the entire digital world is going to less restrictive distribution models, and when the courts are aghast at the outlandish damages being inflicted on consumers in copyright cases, this bill goes entirely in the wrong direction."
http://benton.org/node/17377
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COMMERCE COMMITTEE APPROVES CPB NOMINATIONS
[SOURCE: US Senate Commerce Committee]
On Friday, the Senate Commerce Committee approved nominees for the Board of Directors of the Corporation for Public Broadcasting -- Cheryl Feldman Halpern; David H. Pryor; Bruce M. Ramer; Elizabeth Sembler; and Loretta Cheryl Sutliff.
http://benton.org/node/17376
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WEBCASTER SETTLEMENT ACT SAILS THROUGH HOUSE
[SOURCE: Rep Jay Inslee (D-WA)]
On Saturday, the House of Representatives unanimously passed the Webcaster Settlement Act of 2008 (H.R. 7084), authored by U.S. Rep. Jay Inslee (D-WA). The bill creates a way to ensure the long-term viability of Internet radio by ending a long-running dispute over royalty rates. The bill permits a negotiated settlement between Internet webcasters and Sound Exchange, who collects royalties for musical performers, to replace the exorbitantly high royalty rates set by the Copyright Royalty Board (CRB) in March 2007. Rep Inslee, a longtime advocate for Internet radio, introduced the bill earlier last week and worked through the weekend to ensure its passage. In the face of unexpected last-minute opposition from the National Association of Broadcasters, who represent traditional AM/FM radio broadcasters, Reps Inslee, Howard Berman (D-CA) and allies brokered a fair compromise which addressed the concerns of NAB members while still facilitating an end to the royalty dispute. On Monday, the "Webcasters Settlement of 2008" arrives in the Senate for a vote.
http://benton.org/node/17375
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DTV SWITCH ON US-MEXICO BORDER CONCERNS LAWMAKERS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
House Commerce Committee Chairman John Dingell (D-MI) and Telecom & Internet Subcommittee Chairman Ed Markey (D-MA) have written the Federal Communications Commission and National Telecommunications and Information Administration with concerns about the digital television transition, especially concerning stations along the US-Mexico border. The lawmakers are asking the FCC and the NTIA to focus DTV-education efforts on the border area, given some of its unique challenges, including encouraging them to tune to U.S. broadcasters for emergency information. "After the DTV transition, most Mexican stations will continue to broadcast only in analog format, and all full-power U.S. stations will broadcast in digital format," the letter said. "Because many of the Spanish-speaking households near the border watch both U.S. and Mexican television, there appears to be much potential for consumer confusion."
http://benton.org/node/17374
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HOUSE COMMERCE COMMITTEE WRAPS FCC INVESTIGATION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Apparently, the House Commerce Committee has closed its investigation of the Federal Communications Commission, but it will not hold a hearing on the results. The subcommittee investigation, launched in January, followed complaints externally and internally about how items were brought to a vote, information that was leaking to some lobbyists and not to others and complaints about FCC Chairman Kevin Martin's resolve to vote on modifying the ban on newspaper-broadcast cross-ownership despite attempts to stop or delay the vote by members of FCC oversight committees in both Houses.
http://benton.org/node/17373
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BROADCASTING/CABLE
ADELSTEIN ADVOCATES MORE ANALOG-CUTOFF TESTS
[SOURCE: Broadcasting&Cable, AUTHOR: Robert Marich]
Federal Communications Commission member Jonathan Adelstein made an impassioned plea for more tests on the consumer impact of dropping analog-TV broadcasting, including praise for an Oct. 28 test planned in New York. "Planning, I think, has been disappointing to say the least" in government, he said. He cited education efforts not highlighting that lower-power TV stations will continue telecasting and said little thought has been given to the dangers of repositioning rooftop antenna in the snow belt, since the national cutoff date is in the middle of winter. "Nobody's ultimately responsible for vetting or prioritizing the ideas from both public and private sector into a concrete, comprehensive and coherent plan," Adelstein asserted.
http://benton.org/node/17372
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BEWARE OF BUREAUCRATS BEARING DEALS
[SOURCE: tvnewsday, AUTHOR: Harry Jessell]
[Commentary] Last week, Federal Communications Commission Chairman Kevin Martin suggested that broadcasters cut a deal with him on new localism rules this year. The clear implication was that the deal with him will be a lot less onerous that the deal they'll get next year when Democrats will have a tighter grip on Congress and, lord knows, what kind of wild-eyed, liberal regulator will be heading the FCC. Jessell says, "Don't do it." Why? 1) The deal will not be great. 2) Even if a deal is in place, the next Administration might try to heap on more obligations. 3) Agreeing to a deal would perpetuate the idea that broadcasters work for the federal government and that bureaucrats can tell them what kinds of programming to air. If broadcasters are to survive, they must have absolute freedom to serve their markets the best way they can. They cannot keep up with quick-moving rivals like cable and the Web if they have to drag around pointless regulatory burdens.
http://benton.org/node/17371
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STATIONS DEMAND RETRANS CASH
[SOURCE: Multichannel News, AUTHOR: ]
Some TV stations have already put demands for cash on the table in advance of the October 1 federal deadline for broadcasters to tell cable operators whether they plan to negotiate retransmission-consent deals for carriage of their signals. While the official cutoff date looms, a number of broadcasters have already made their so-called "elections," notifying multichannel pay TV distributors whether they are demanding carriage of their stations — so-called must-carry — or if they will only "consent" to carriage after negotiating terms, according to Matt Polka, president of the American Cable Association, a lobbying group for independent operators. In fact, some broadcasters have gone ahead and notified cable systems of their demands, including cash compensation, in exchange for carriage of their TV signals, Polka said. "I have seen the gamut of requested fees so far ranging from 40 cents to $1.10 per station, per subscriber, per month," he added. Stations that opt for must-carry can't seek payment from distributors. Many retransmission-consent contracts are on a three-year cycle that ends Dec. 31, but some deals expire earlier.
http://benton.org/node/17370
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PPM COALITION, ARBITRON SUBMIT COMMENTS TO FCC
[SOURCE: MediaWeek, AUTHOR: Mike Boyle]
The Federal Communications Commission received a handful of filings in response to its request for comment on investigating the effect of Arbitron's portable people meter on minority ownership. A second round of comments are due Oct. 6, two days before Arbitron is scheduled to commercialize PPM in eight markets. The PPM Coalition argued that the PPM methodology undercounts minority radio listeners and that the rollout of PPM methodology starting Oct. 8 in eight markets will seriously harm minority broadcasting and defeat the Commission's diversity goals. The Coalition wants the FCC to "undertake a fact-finding inquiry, using subpoenas for document production and conducting witness testimony under oath." In its rebuttal, Arbitron said it "cited extensive precedent in which both Congress and the Commission have previously recognized that the FCC lacks authority to regulate audience ratings. Both Congress and the Commission have expressly stated that the reliability and methodologies of audience ratings services are best left to private industry groups such as the Media Rating Council, Inc."
http://benton.org/node/17369
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INTERNET/BROADBAND
MEETING ON BROADBAND POLICY TO BE HELD BY THE FEDERAL-STATE JOINT CONFERENCE ON ADVANCED SERVICES
[SOURCE: Federal Communications Commission]
The Federal-State Joint Conference on Advanced Services will hold a meeting on broadband policy Thursday, November 6, 2008 at the Wireless Communications Association International's 14th Annual Symposium and Business Expo at the Fairmont Hotel in San Jose, California
http://benton.org/node/17367
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PUTTING THE PUBLIC INTEREST BACK INTO COMMUNICATIONS PART II: BROADBAND FOR EVERYONE, EVERYWHERE
[SOURCE: Benton Foundation, AUTHOR: Charles Benton]
[Commentary] To harness broadband's power and potential, what's needed is a new commitment to making this critical medium as universal as telephones are today. What's needed is a fundamental shift in the federal, universal service policy from supporting analog, narrowband, telephone communications to supporting digital broadband communications. But let's not just rely on universal service reform. What's needed, I believe, is a national broadband strategy to guide us from where we are today to our fully-realized, digital communications future.
http://benton.org/node/17361
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THINK TANK SHUNS FREE NATIONWIDE WIRELESS PLAN
[SOURCE: TelecomWeb, AUTHOR: ]
In light of the Federal Communications Commission's recent proposal to auction 25 megahertz of spectrum on condition it be used for a free national wireless network offering filtered content run by a single provider, Institute for Policy Innovation, a think tank, believes this could turn into "a government-fashioned, government-favored firm in the tradition of Fannie Mae and Freddie Mac." The author of "Should the U.S. Favor a Free Nationwide Wireless Network Provider?" believes "this kind of company would not be allowed to fail and therefore sets up a future bailout at taxpayer expense."
http://benton.org/node/17365
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NET NEUTRALITY: AN AMERICAN PROBLEM?
[SOURCE: C-Net|News.com, AUTHOR: Brett Winterford, Julian Hill]
The leaders of three of Australia's largest ISP's have declared the Network Neutrality debate as solely a U.S. problem -- and further, that the nation that pioneered the Internet might want to study the Australian market for clues as to how to solve the dilemma.
http://benton.org/node/17364
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Media company deal chances few: Liberty's Malone
MEDIA COMPANY DEAL CHANCED FEW: LIBERTY'S MALONE
[SOURCE: Reuters, AUTHOR: Paul Thomasch]
Liberty Media Chairman John Malone on Friday said few opportunities exist to buy media companies right now, even with stock prices badly depressed across much of the industry. The media mogul and well-known dealmaker said one reason is the credit crunch, which has put the breaks on dealmaking. What's more, the presence of private equity and controlling families in the media business mean low stock prices don't necessarily open the door to dealmaking.
http://benton.org/node/17363
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WIRELESS
GOOGLE SEEKS PATENT TO BREAK SUBSCRIBER SHACKLES
[SOURCE: InfoWorld, AUTHOR: Nancy Gohring]
In Google's plan, cell phone users would enjoy greater freedom from carriers' rules, without the hassle of termination fees, phone number transfers, or new-handset purchases. The system would require end-users to have mobile devices that can operate on different types of networks, including Wi-Fi and the various incompatible cellular technologies, as well as multiple operator networks.
http://benton.org/node/17362
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