Oct 8, 2008 (Pentagon probe; Election 2008)
Ten Years Ago: Digital Millennium Copyright Act
Ten years ago, Congress reached agreement on a compromise version of the Digital Millennium Copyright Act. The bill was designed to implement World Intellectual Property Organization treaties for protecting music, software and written works on the Internet. But the bill went farther than those 1996 WIPO agreements, making it illegal to circumvent technologies used to protect digital works.
http://benton.org/node/17671
BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY OCTOBER 8, 2008
Visit Headlines online at http://www.benton.org/headlines
GOVERNMENT & COMMUNICATIONS
DeLauro Welcomes FCC Probe of Pentagon Program
ELECTIONS & MEDIA
Whether McCain or Obama, Tech Policy Is Bound to Change
Palin's Pledges of Government Openness Marred by Secrets
Political ad-spending to hit record
Obama Flexing Financial Muscle With TV Spending
Obama, McCain Back Public Re-use Of Debate Footage
How To Win The White House Using Online Advertising
THE ECONOMY
No Immunity for the Media Business
Silver lining for TV advertisers
Analysts cut 2009 cell phone growth estimates
Verizon says $28.1B buyout of Alltel on track
FCC NEWS
House Panel Ratchets Up Scrutiny of FCC's Martin
Martin Fears Coupon Program Lacks Funds
FCC Grants 30-Day Extension For Cross-Ownership Filings
FCC Urged To Ban Wireless Carriers From Refusing Text Campaigns
INTERNET/BROADBAND
House Defers to Senate Broadband Data Bill; Final Bill Deletes Funding and National Map
CHILDREN & MEDIA
On the way: Nation's first tech-literacy exam
Wi-Fi helps college students get better grades, survey says
MEDIA OWNERSHIP
Nexstar Sets Up Little Rock Duop
NBC Shutting Down Weather Plus
GOVERNMENT & COMMUNICATIONS
DELAURO WELCOMES FCC PROBE OF PENTAGON PROGRAM
[SOURCE: TVWeek, AUTHOR: Ira Teinowitz]
Rep Rosa DeLauro (D-CT) is praising the Federal Communications Commission's decision to investigate whether the use violated disclosure requirements. The FCC's Enforcement Bureau this week sent formal "letters of inquiry" to 19 former military officers and five networks concerning allegations that the officers received consideration to air favorable views of the Iraq war during their appearances on network shows. "The disclosure of this secretive and likely illegal program raised numerous questions about the policies and activities within the Department of Defense, but it also raises questions as to whether the analysts and networks are potentially equally culpable pursuant to the sponsorship identification requirements," she said.
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ELECTIONS & MEDIA
WHETHER MCCAIN OR OBAMA, TECH POLICY IS BOUND TO CHANGE
[SOURCE: xchange, AUTHOR: Kelly Teal]
Technology policy is not center stage in this year's presidential campaign, much as the competitive community might wish otherwise. Each candidate Sen John McCain (R-AZ) and Barack Obama (D-IL) — is consumed with weightier subjects, namely the economy and Iraq, analysts and industry insiders say. That's not to say technology isn't on the nominees' minds. Sen Obama released his tech treatise almost a year ago, and the use of the Internet and text messaging has been foundational to his crusade. Sen McCain, meanwhile, published his long-awaited tech views on Aug 14, even as he admitted to eschewing e-mail and not knowing how to surf the World Wide Web. Still, he's leaning on his status as a member and former chairman of the Senate Commerce Committee, which oversees telecom and technology, to speak for him. Meanwhile, Sen Obama, while viewed as more favorable toward CLECs and competition than his opponent, doesn't have tech-focused public policy experience. He's counting on key advisers to strengthen his credibility. Even so, communications executives and even some associations fear that McCain and Obama don't fully understand the importance of the battles looming on the technology horizon. The past four years have been consumed with megamergers, discontent with FCC leadership, warrantless wiretapping and budding fights over net neutrality. Those subjects are moving to the next level and how they play out will all depend on who takes the White House. The takeaway is this: If McCain wins, expect the status quo of the past eight years. If Obama wins, expect more government input.
http://benton.org/node/17665
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PALIN'S PLEDGES OF GOVERNMENT OPENNESS MARRED BY SECRETS
[SOURCE: Associated Press, AUTHOR: Rita Beamish]
Gov Sarah Palin's promise for a new era of government openness as the reform governor of Alaska started to crack even before Sen John McCain's presidential campaign built a wall of protectiveness around her. Gov Palin (R-Alaska) was elected nearly two years ago with splashy moves like publishing the state spending checkbook online. She kept a campaign pledge to allow the public to view online communications between state officials and potential bidders on a major gas pipeline, a contrast to her predecessor. But her administration has claimed broad exceptions to Alaska's freedom of information rules to keep government e-mails secret, and it's shown reluctance to disclose documents about sensitive topics, ranging from polar bears to policy issues. And her state's online checkbook is limited in its detail. Disclosures about private e-mail accounts used by Gov Palin and her top aides have raised questions about whether they were trying to evade disclosure under the state's public records law. Her aides have denied this.
http://benton.org/node/17664
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POLITICAL AD-SPENDING TO HIT RECORD
[SOURCE: Reuters, AUTHOR: Georg Szalai]
The economy and the overall advertising market may be under pressure, but political ad spending this year is expected to reach a new record, even though it may fall short of original estimates. After the presidential, congressional and gubernatorial races, along with ballot initiatives, rang up more than $1.7 billion in 2004, research firm TNS Media Intelligence originally estimated a record $3 billion-plus would be spent this year. Evan Tracey, president of the firm's political division Campaign Media Analysis Group, said it is too early to change that estimate. However, the overall tally may now come in closer to $2.5 billion. "Some things played out differently than expected," he explained. Among the media categories that look like winners in this context are network TV, local cable TV and radio, while local TV spending is trending behind TNS' expectations. "Network TV spending will set a record for (presidential) candidates' spending," said Tracey, without providing an exact estimate.
http://benton.org/node/17670
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OBAMA FLEXING FINANCIAL MUSCLE WITH TV SPENDING
[SOURCE: Washington Post, AUTHOR: Chris Cillizza]
Sen Barack Obama (D-IL) is outspending Sen John McCain (R-AZ) by nearly 3 to 1 on television advertising in the final weeks of the presidential campaign, a financial edge that is almost certainly contributing to the Democrat's momentum in key battleground states. From Sept. 30 to Oct. 6, Obama spent more than $20 million on TV ads in 17 states, including more than $3 million in Pennsylvania alone and more than $2 million each in Florida, Michigan and Ohio. In the same time frame, McCain spent a total of $7.2 million in 15 states. Even including Republican National Committee's $5.3 million in independent expenditures in Indiana, Michigan, Ohio, Pennsylvania, Virginia and Wisconsin, Obama outspent the combined GOP forces by roughly $8 million in the past week alone.
http://benton.org/node/17669
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OBAMA, MCCAIN BACK PUBLIC RE-USE OF DEBATE FOOTAGE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Sens Barack Obama (D-IL) and John McCain (R-AZ) are urging the TV networks and Presidential Debate Commission to allow debate footage to be distributed and used freely on the Internet and to allow the public more input on debate questions. The Open Debate Coalition, comprising groups from both sides of the political spectrum, had asked the presidential candidates in letters last week to pledge to hold more Internet-friendly debates, including requiring media companies to release rights to video footage. That includes ground rules that media companies make debate video freely available for sharing, blogging and posting.
http://benton.org/node/17663
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HOW TO WIN THE WHITE HOUSE USING ONLINE ADVERTISING
[SOURCE: MediaPost, AUTHOR: Tod Sacerdoti]
[Commentary] While recent politics have been intoxicating, the candidates' online marketing efforts have been weak and at times, appalling. In an age of technological capabilities to get real messages, not simply advertisements, to the right person at the right time with a reasonable cost, why are our political campaigns so ineffective? The reasons are an over reliance on YouTube and Facebook mini-sites, weak marketing creativity and an overall lack of sophistication in online advertising tools. Shockingly, studies show that voters don't actually know the candidates' positions on key issues and don't seek this information out on their own. The Internet is optimized to solve these problems and a consistent, committed online marketing effort would significantly impact swing state voters, undecided voters, voter registration, fundraising and volunteerism.
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THE ECONOMY
NO IMMUNITY FOR THE MEDIA BUSINESS
[SOURCE: Wall Street Journal, AUTHOR: ]
There is no immunity for the media business. Shrinking ad budgets and a weakened economic outlook will take a dramatic toll on all sectors of the media business in 2008 and 2009 -- including the fast-growing digital sector, according to a series of revised ad forecasts released Tuesday. Goldman Sachs projected that weak local and national ad markets will create a scenario in 2009 similar to the downturn experienced in 2001 -- the steepest on record. The firm projected that broadcast networks will suffer a 5% decline in ad revenues, excluding ad dollars tied to the Olympics. It also projects that ad revenues at TV stations, excluding political spending, will fall 7% and that ad spending on radio, outdoor, magazines and newspapers will fall between 5% and 10%. Cable networks are expected to fare slightly better, facing a 1% decline.
http://benton.org/node/17668
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SILVER LINING FOR TV ADVERTISERS
[SOURCE: Financial Times, AUTHOR: Ben Fenton]
As experts on Tuesday predicted tougher times for UK advertising spending, Ofcom, the broadcasting regulator, offered some hope to the beleaguered sector. While Zenith Optimedia, in its quarterly projections of advertising budgets, predicted a global slowdown as economic times worsened, Ofcom said it would consider relaxing rules governing how many advertisements can be shown in peak time. In its most recent directive on the subject, the European Commission said countries could relax restrictions on advertising "minutage" to permit a maximum of 12 minutes an hour.
http://benton.org/node/17667
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ANALYSTS CUT 2009 CELL PHONE GROWTH ESTIMATES
[SOURCE: Reuters, AUTHOR: Sinead Carew]
The global cell phone market should grow at much slower-than-expected rates next year as consumers put off buying new devices due to deepening economic concerns, according to forecasts from analysts. While industry executives often say cell phones are the last thing consumers will give up to save money, analysts are now citing lengthening phone replacement cycles and weakening economies around the world for their weaker sales estimates. UBS analyst Maynard Um halved his forecast for 2009 global handset growth to 3 percent from 6 percent, pointing to particular weakness in Europe and North America.
http://benton.org/node/17661
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VERIZON SAYS $28.1B BUYOUT OF ALLTEL ON TRACK
[SOURCE: Associated Press, AUTHOR: ]
Verizon Wireless says it is moving forward with plans to acquire Alltel Corp. for $28.1 billion, although the country's financial climate has worsened since the companies reached an agreement four months ago. Verizon maintains that the deal, which would make it the largest wireless carrier in the United States, is still on track to close by year's end. But a major ratings firm that evaluates companies' financial strength for world credit markets is not so sure. "Considering the size of this deal, it would be surprising that Verizon would enter something with such significant risk that it really threatens to preclude this deal from closing," said Bill Densmore of New York-based Fitch Ratings.
http://benton.org/node/17660
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FCC NEWS
HOUSE PANEL RATCHETS UP SCRUTINY OF FCC'S MARTIN
[SOURCE: TVWeek, AUTHOR: Ira Teinowitz]
A House Commerce Committee panel is readying a report expected to question whether Federal Communications Commission Chairman Kevin Martin went too far in keeping FCC decisions and policymaking to a close-knit group of subordinates. Since last December, the committee's Oversight and Investigations subcommitte, headed by Chairman Bart Stupak (D-MI), has been examining Chairman Martin's management in the wake of complaints, some made publicly by the cable industry and by other Commissioners. Most of the public complaints were that Chairman Martin kept a tight rein on data essential to decisions — including one to expand the FCC's oversight of cable — until the last minute, making it difficult for other Commissioners and the cable industry to weigh in or rebut. In several letters to Chairman Martin, the panel has stated that it has also heard private complaints from FCC staffers that Martin has made it difficult to do their jobs. There also have been complaints that the FCC doesn't follow basic processes of open government, disclosing few details about items Commissioners vote on before the vote is over, essentially preventing public input.
http://benton.org/node/17659
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MARTIN FEARS COUPON PROGRAM LACKS FUNDS
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
Federal Communications Commission Chairman Kevin Martin is concerned that a $1.5 billion digital TV converter box program run by the US Commerce Department could exhaust its funding, leaving consumers in the lurch next February 17 when analog TV signals are shut off. "While I do not have access to NTIA's projections and detailed analyses, I am concerned that the total funding required to satisfy demand may prove to be insufficient," Chairman Martin said in letters to Commerce Committee Chairman John Dingell (D-MI) and House Telecommunications and the Internet Subcommittee chairman Rep Edward Markey (D-MA). Martin's letter clashes with recent congressional testimony by Assisting Commerce Secretary and NTIA director Meredith Attwell Baker. The program, she testified, won't run out of money; in fact, she said it will likely return more than $300 million to the US Treasury, based on coupon redemption rates.
http://benton.org/node/17658
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FCC GRANTS 30 DAY EXTENSION FOR CROSS-OWNERSHIP FILINGS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Communications Commission has granted a group of broadcasters a 30-day extension on the Oct 7 deadline for filing amendments to their pending requests for a waiver of the FCC's new adjusted newspaper-broadcast crossownership rule, which the Commission says went into effect July 9. The broadcasters were scheduled to buttress their cases for the combos with information, but want an extension of the deadline until 90 days after a federal court rules on a number of challenges to that rule change, a decision that likely won't come for many months. The FCC gave them another 30 days while it considers the request for the longer extension. The waiver requests predated the rule change and all include combinations of multiple stations and/or newspapers that the FCC said would not have been appropriate to grant "across-the-board," but would instead look at them on a case-by-case basis using the new public interest standards it was applying for requests for newspaper-broadcast combos per the changed rules. Those include showings of impact on diversity of independent voices, particularly news and information.
http://benton.org/node/17657
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FCC URGES TO BAN WIRELESS CARRIERS FROM REFUSING TEXT CAMPAIGNS
[SOURCE: MediaPost, AUTHOR: Wendy Davis]
A coalition of digital rights groups and a New York lawmaker are pressing the Federal Communications Commission to ban wireless carriers from refusing to provide short codes based on content. In recent filings, organizations including Public Knowledge and Free Press, joined by New York state assemblyman Richard Brodsky (D-Westchester County), ask the FCC to reject wireless companies' argument that they should be able to turn away text message senders in order to control spam. "The provision of short codes is likely to have no effect at all on spam, in part because the provisioning of short codes does not grant any content provider any greater access to wireless consumers than they have today," the organizations wrote in last week's filings.
http://benton.org/node/17653
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INTERNET/BROADBAND
HOUSE DEFERS TO SENATE BROADBAND DATA BILL; FINAL BILL DELETES FUNDING AND NATIONAL MAP
[SOURCE: BroadbandCensus.com, AUTHOR: Drew Bennett]
Congress last week passed legislation, the "Broadband Data Improvement Act" (S. 1492) that seeks better information about high-speed Internet connections through enhanced data collection by five separate government agencies. But as passed by the Senate and the House, the bill deleted all authorization of funds an amount that had totaled $40 million for each of fiscal years 2008 through 2012 in the Senate Commerce Committee version of the legislation. The Commerce Department is one of several federal agencies that will now be tasked with improving national data on broadband services and utilizing that data to improve policies to enhance and expand the technological infrastructure, including the Federal Communications Commission (FCC), the Census Bureau (a nominally independent part of Commerce), the Government Accountability Office, and the Small Business Administration. The Act also changes the language of the 1996 Telecommunications Act to require the FCC conduct an "annual" in place of a "regular" inquiry into broadband deployment and to list of all the 5-digit ZIP codes where broadband is not available in the US. The reach of the Broadband Data Improvement Act could be global: the FCC is also directed to conduct studies on broadband services in 25 other nations and to report on difference and similarities between these nations and the US. Likewise, the Census Bureau will have to expand its studies of America's technology uses and include questions on computer ownership and broadband vs. dial-up adoption in its ongoing American Community Survey, according to the Act.
http://benton.org/node/17654
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CHILDREN & MEDIA
ON THE WAY: NATION'S FIRST TECH-LITERACY EXAM
[SOURCE: eSchool News, AUTHOR: ]
For the first time ever, technological literacy will become part of the National Assessment of Educational Progress (NAEP), also known as the Nation's Report Card. Beginning in 2012, the test will measure students' proficiency with technology in addition to reading, math, science, history, writing, and other subjects. The new test will mark the first time students' technology literacy has been assessed on a national level.
http://benton.org/node/17652
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WI-FI HELPS COLLEGE STUDENTS GET BETTER GRADES, SURVEY SAYS
[SOURCE: Computerworld, AUTHOR: Matt Hamblen]
Nearly 75% of the students who took part in a recent poll said Wi-Fi access on their college campuses helps them get better grades. In fact, college students like Wi-Fi so much that 48% said they would give up beer before giving up Wi-Fi, according to the survey, which was conducted by Wakefield Research for the Wi-Fi Alliance. Incoming freshmen seek out schools with Wi-Fi capability. Nearly 60% of the students surveyed said they wouldn't attend a college that didn't offer free Wi-Fi. And 79% said that without Wi-Fi access, college would be a lot harder.
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MEDIA OWNERSHIP
NEXSTAR SETS UP LITTLE ROCK DUOP
[SOURCE: Broadcasting&Cable, AUTHOR: Michael Malone]
Nexstar has agreed to buy MyNetworkTV outlet KWBF Little Rock from Equity Broadcasting Corp. for $4 million, setting up a duopoly with Nexstar's NBC outlet KARK. Nexstar President/CEO Perry Sook said the duopoly strategy is key to Nexstar's growth. Equity has sold a number of media properties amidst financial woes. The transaction, expected to close the first half of next year, is subject to FCC approval.
http://benton.org/node/17656
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NBC SHUTTING DOWN WEATHER PLUS
[SOURCE: TVWeek, AUTHOR: Michele Greppi]
The sun is setting on NBC Weather Plus, the 4-year-old digital joint venture between NBC and affiliated local stations, which programmed the 24/7 local weather service on their digital channels. NBC News President Steve Capus informed the on- and off-air Weather Plus staff that the operation would be phased out in stages through the end of the year. Capus said the NBC affiliates board had notified the network last week of its desire to disband the partnership in which the 10 NBC owned-and-operated stations and approximately 80 affiliates have been participating. Only the NBC O&Os had signed on for the online aspect of Weather Plus. The service was one of the first digital projects conceived as a way for a network and its affiliates to work together to create new revenue streams.
http://benton.org/node/17655
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