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October 2008

NBC Shutting Down Weather Plus

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.

House Defers to Senate Broadband Data Bill; Final Bill Deletes Funding and National Map

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. Although the bill was agreed to by the House, the bill undercut many of the key features of a companion House bill, the "Broadband Census of America Act" (H.R. 3919). That bill passed the House in November 2007. It would have forced the disclosure of company-by-company broadband data. It also would have created a national broadband map under the aegis of the Commerce Department's National Telecommunications and Information Administration, with details on broadband coverage by every broadband provider at the nine-digit ZIP code level. Both features are absent in the final bill. 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.

FCC Urged To Ban Wireless Carriers From Refusing Text Campaigns

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.

On the way: Nation's first tech-literacy exam

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.

Wi-Fi helps college students get better grades, survey says

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.

Oct 7, 2008 (Government & Communications)

With communications policy playing a role in presidential politics this year, here's a timeline of the coverage we've seen.
http://benton.org/headlines/election_2008

BENTON'S COMMUNICATIONS-RELATED HEADLINES for OCTOBER 7, 2008

GOVERNMENT & COMMUNICATIONS
   New surveillance program will turn military satellites on US
   FCC Confirms It Is Seeking Info From Military Analysts
   Who else reads your e-mail?
   News Media Feel Limits to Georgia's Democracy
   In Brazil, Business as Usual Often Involves Wiretapping

ELECTIONS & MEDIA
   Palin, Debate Drive Campaign Coverage
   The Flimflam Strategy
   This Debate's Biggest Loser
   Gotcha? You Betcha!
   Just How Tech Savvy Does The Next President Need To Be?

SPECTRUM POLICY
   Dragging Spectrum Policy Out of 1929

BROADCASTING/CABLE
   FTC Has No Problem With WTVJ Sale To Post-Newsweek
   House Passes Amended Pryor Bill
   How Local Media Feel Recession
   Minority Group Backs Martin's Class A Plan
   NBC Universal Fighting A La Carte Proposals At FCC
   Some hope amid the gloom for broadcasters

ECONOMY
   Making sense of the tech meltdown on Wall Street

POLICYMAKERS
   Laying it on the line with FCC Chair Kevin Martin

QUICKLY -- 'Capitol Tweet' widget follows Congress on Twitter

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GOVERNMENT & COMMUNICATIONS

NEW SURVEILLANCE PROGRAM WILL TURN MILITARY SATELLITES ON US
[SOURCE: ars technica, AUTHOR: Julian Sanchez]
An appropriations bill signed by President Bush last week allows the controversial National Applications Office to begin operating a stringently limited version of a program that would turn military spy satellites on the US, sharing imagery with other federal, state, and local government agencies. The government's own watchdog agency, the Government Accountability Office, has warned in an unpublished report that the more expansive program in the offing lacks adequate safeguards to protect privacy and civil liberties.
http://benton.org/node/17637
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FCC CONFIRMS IT IS SEEKING INFO FROM MILITARY ANALYSTS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Last May, House Commerce Committee Chairman John Dingell (D-MI) asked the Federal Communications Commission to investigate a New York Times article about a Department of Defense program to recruit ex-military officers to talk up Iraq and other policies on TV, online and elsewhere. Apparently, the FCC is doing just that sending letters to the pundits in question. Congress wants to know if TV stations or networks bear any responsibility for not identifying the analyst's connection to the Pentagon or defense contractors.
http://benton.org/node/17636
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WHO ELSE READS YOUR E-MAIL?
[SOURCE: The Christian Science Monitor, AUTHOR: Harry Lewis]
We use e-mail for everything from business negotiations to quick I-love-yous. Because e-mail resembles a telephone conversation, we too often assume it's private. It's not. Who can see your e-mail - even en route - is a complicated question, made more uncertain by a recent court decision. First, your office e-mail is governed by whatever rules your company decides. If the government wants to see your e-mail, it can have the warrant served on that company. Of course, the service provider has to respond to the warrant, just as you would if the feds came to your house. The difference is that the company decides whether to resist the court order, not you. You are supposed to be informed within 90 days, but in practice you may never know. E-mail stored elsewhere really isn't yours.
http://benton.org/node/17649
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NEWS MEDIA FEEL LIMITS TO GEORGIA'S DEMOCRACY
[SOURCE: New York Times, AUTHOR: Dan Bilefsky, Michael Schwirtz]
Georgia and its American backers, including the Republican and Democratic United States presidential contenders, have presented Georgia as a plucky little democracy in an unstable region, a country deserving of generous aid and NATO membership. But a growing number of critics inside and outside the country argue that it falls well short of Western democratic standards and cite a lack of press freedom as a glaring example. In its most recent report, Freedom House, a human rights research group based in New York, ranked Georgia, in terms of press freedom, on a level with Colombia and behind Nigeria, Malawi, Indonesia and Ukraine — the last a NATO aspirant, like Georgia.
http://benton.org/node/17648
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IN BRAZIL, BUSINESS AS USUAL OFTEN INVOLVES WIRETAPPING
[SOURCE: Wall Street Journal, AUTHOR: Antonio Regalado]
Under Brazil's laws, wiretapping is meant to be an investigative method of last resort. But it has become a primary tool to crack white-collar cases. According to an estimate released by legislators, Brazil's phone companies received 409,000 judicial wiretapping requests last year. For some, Brazil's wiretapping mania is a holdover from the country's 20-year dictatorship, when secret police kept tabs on political enemies. The government spies were nicknamed arapongas -- after birds known for their metallic, alarming cries. Military rule ended in 1984, but not Brazil's culture of spying. These days, Brazil's political and economic elite are convinced someone is always listening.
http://benton.org/node/17647
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ELECTIONS & MEDIA

PALIN, DEBATE DRIVE CAMPAIGN COVERAGE
[SOURCE: Project for Excellence in Journalism, AUTHOR: Mark Jurkowitz]
Though the U.S. economic crisis dominated general news coverage -- and indeed became one of the biggest stories PEJ ever recorded -- it was another event, the Oct. 2 vice-presidential debate, that drove the 2008 campaign narrative. From Sept. 29-Oct. 5, the fiscal meltdown and efforts to fashion a bailout package filled 45% of the overall news coverage examined by the Pew Research Center's Project for Excellence in Journalism. Not only was that significantly more coverage than the campaign -- which filled 34% of the newshole. The various events connected to the debate accounted for more than half (52%) of last week's election coverage, according to PEJ's Campaign Coverage Index. The biggest storyline was the debate itself, at 45% of the newshole.
http://benton.org/node/17646
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THE FLIMFLAM STRATEGY
[SOURCE: Washington Post, AUTHOR: Eugene Robinson]
[Commentary] Knowing Sen John McCain wants to talk about anything but the big issues facing our country, are the media going to aid and abet the McCain campaign's obvious ploy? Journalists like to think they're too smart to be used by one side or the other in a political campaign. Robinson writes, "If we in the media really believe what we say about serving the public interest, we have a duty to avoid being turned into instruments of mass distraction. Of course we should cover what the candidates say, putting their words in context and pointing out when the candidates are exaggerating or lying. But we should also think hard about how much prominence we give to smears and counter-smears."
http://benton.org/node/17645
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THIS DEBATE'S BIGGEST LOSER
[SOURCE: Washington Post, AUTHOR: Richard Cohen]
[Commentary] In her debate against Joe Biden last week, she mischaracterized Barack Obama's tax plan and his offer to meet with foreign adversaries of the United States. She found whole new powers for the vice president by misreading the Constitution, if she ever read it at all. She called one moment for the federal government to virtually disappear and a moment later lamented the lack of its oversight of the financial markets. She asserted that she "may not answer the questions the way that either the moderator or you [Biden] want to hear". Palin also said that she "and others in the legislature" had called for the state of Alaska to divest itself of investments in companies that do business with Sudan. But, as the indefatigable truth-hunter at The Post found out, the divestiture effort was not led by Palin. In fact, her administration opposed the initiative, and Palin herself only came around to it after the bill had died. In spite of it all, much of the media saw a credible performance. Much of the mainstream media, grading on a curve suitable for a parrot -- "greed and corruption, greed and corruption, greed and corruption" -- gave her a passing grade or better. Cohen agrees with Palin. It's the mainstream media that flunked.
http://benton.org/node/17644
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GOTCHA? YOU BETCHA!
[SOURCE: The Huffington Post, AUTHOR: Marty Kaplan]
[Commentary] John McCain and Sarah Palin have been complaining that there's too much "gotcha journalism" going around. If only. When they say "gotcha journalism," what they're really trying to do, of course, is to demonize journalism itself -- to de-legitimize asking tough questions, and following up with more tough questions when the answers are mealy-mouth evasions, and holding politicians accountable when they inadvertently emit a truth. If gotcha journalism means asking presidential candidates which of their dreams will have to be deferred because of the $700 billion bailout, as a frustrated Jim Lehrer did again and again, then maybe we need more of that kind of questioning, not less. The benign explanations for this failure of journalism are the inherent complexity of the financial story, and the imperative of media conglomerates to maximize profit, which means cultivating and satisfying the audience's appetite for entertainment.
http://benton.org/node/17635
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JUST HOW TECH SAVVY DOES THE NEXT PRESIDENT NEED TO BE?
[SOURCE: MediaPost, AUTHOR: Larry Kutscher]
[Commentary] While technology-using small businesses value a Presidential candidate's understanding of the role technology can play in helping businesses succeed, a candidate's personal technology savvy takes a back seat to issues like the overall health of the economy, Internet privacy and security and the role of small business in economic development. Discussions of which candidate spends more time (or any time) reading and writing e-mails might be an interesting media story, but in the end these voters are simply looking for strong leaders with smart ideas... however they may choose to communicate them.
http://benton.org/node/17634
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SPECTRUM POLICY

DRAGGING SPECTRUM POLICY OUT OF 1929
[SOURCE: Public Knowledge, AUTHOR: Michael Weinberg]
Public Knowledge founder Gigi Sohn has called on regulators to move out of a mindset that was born in the 1920s and 30s and to start looking at spectrum through the lens of modern technology. This would allow the public to use the airwaves for themselves, instead of relying on broadcasters to use it for them. For decades, FCC regulation of broadcasters has been built on an assumption that spectrum is scarce. In 2008, the regulatory model grounded in spectrum scarcity no longer does more good than harm. It is time for a fundamental break with the past and a new basis for spectrum policy. Although radios designed in 1930 were unable to share the airwaves effectively, radios designed in 2008 are. It is no longer the case that each additional speaker on the spectrum reduces the value of that spectrum. Instead, with software defined radios that are able to listen before they speak, today each additional speaker actually adds value to the spectrum.
http://benton.org/node/17633
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BROADCASTING/CABLE

FTC HAS NO PROBLEM WITH WTVJ SALE TO POST-NEWSWEEK
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Trade Commission has cleared the sale of NBC Universal's WTVJ Miami to Post-Newsweek, which already owns ABC affiliate WPLG-TV there. That leaves the sale in the hands of the Federal Communications Commission, whose approval is still pending. The deal, which was announced in July, was required to be submitted for Justice and FTC approval per a Hart-Scott-Rodino antitrust review, for which there is a set waiting period before the transaction can proceed. But the parties can request that the waiting period be terminated early. The FTC's granting of that request signals that neither it nor Justice plans to take any antitrust enforcement action against the sale.
http://benton.org/node/17632
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HOUSE PASSES AMENDED PRYOR BILL
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
On Friday, the House passed a bill requiring the Federal Communications Commission to study parents' access to advanced technologies that are capable of blocking content on television and the Internet. The House, however, did not pass an identical version of the bill (S. 602) approved by the Senate last Wednesday, meaning the bill can't be sent to President Bush for his signature just yet. The House stripped out a series of congressional "findings" from the Senate bill before passing it by unanimous consent. Still, the Child Safe Viewing Act, introduced by Sen. Mark Pryor (D-AR) in 2007, could become law this year if the Senate returns for a lame duck session on Nov 17 and agrees to the House's amendment.
http://benton.org/node/17631
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HOW LOCAL MEDIA FEEL RECESSION
[SOURCE: AdAge, AUTHOR: Abbey Klaassen]
Unlike the last recession around 2001, when local markets stayed relatively insulated from the fallout of the dot-com bust, they are anything but immune to this one. And that's bad news for local media. That could be a particular problem for local media, whose advertisers view advertising differently than big national ones: They often see advertising less as a strategic investment and more as a necessary evil. Historically, local markets have been less susceptible to economic cycles because they are driven by small- to medium-size businesses that don't have public shareholders to please and, thus, have less pressure to cut costs such as advertising. But given the broad implications of the credit market, "this is one time when a national situation is driving a local outcome probably more dramatically than it would ordinarily," said Steve Ridge, president-TV and exec VP at Frank Magid Associates.
http://benton.org/node/17630
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MINORITY GROUP BACKS MARTIN'S CLASS A PLAN
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
A group in support of increasing minority ownership of mass media properties is backing Federal Communications Commission Chairman Kevin Martin's proposal to give mandatory cable carriage rights to more than 500 TV stations for the first time. Martin's plan is expected to come before the five-member FCC at its Oct. 15 public meeting in Washington (DC). If adopted, the plan could set the stage for allowing so-called low-power Class A stations to apply for full-power status. Full-power stations, by law, have automatic access to local cable systems. "Class A stations offer the best opportunity for minorities, women and small-business to participate and compete in the television industry, which is increasingly consolidated with few opportunities for minority broadcasters," said David Honig, executive director of the Minority Media & Telecommunications Council, in a letter to Chairman Martin on Monday. Martin's plan would allow 555 Class A TV stations to apply for full-power status from the FCC. After obtaining approval, the stations could demand immediate cable carriage under a 1992 law held constitutional by the Supreme Court five years later.
http://benton.org/node/17641
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NBC UNIVERSAL FIGHTING A LA CARTE PROPOSALS AT FCC
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
NBC Universal, a major cable TV programming supplier, is urging federal regulators to refrain from intervening in the "highly competitive" marketplace between program owners and pay-TV distributors. "There's no legal or factual basis for government intervention in private carriage negotiations. The public interest will not be served by government interference in his highly competitive marketplace," NBC Universal said in an FCC filing Monday. FCC Chairman Kevin Martin has the agency reviewing various proposals, including one that would require cable programming suppliers like NBC Universal to allow pay-TV distributors to purchase channels on an unbundled or a la carte basis.
http://benton.org/node/17640
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SOME HOPE AMID THE GLOOM FOR BROADCASTERS
[SOURCE: Reuters, AUTHOR: James Hibberd]
Here's a refreshingly sunny statistic for broadcasters: It's barely October, and 22% of new scripted series already have been picked up for full seasons. Despite doom-and-gloom ratings headlines for broadcasters this fall, three viable scripted shows among the scant nine launched isn't half bad, especially out of the gate. If there has been a lesson for broadcasters, it's that it's easier to launch a show than to relaunch a show viewers barely remember.
http://benton.org/node/17639
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ECONOMY

MAKING SENSE OF THE TECH MELTDOWN ON WALL STREET
[SOURCE: C-Net|News.com, AUTHOR: Jim Kerstetter]
Big tech stocks lead the way down Monday. CNET's Technology Index, which tracks 66 publicly traded tech companies, dropped 4.08 percent to 1,276.67 Monday, its lowest close in more than two years. And it could have been worse: At one point in the day, the CNET Index was at its lowest point since May 2005. A late rally brought some stocks back just before trading ended. The drop in the CNET Index was similar to a 3.08 percent drop in the Dow and 4.34 percent decline in the Nasdaq index. Don't blame the start-ups for this one, though they may end up suffering the most for it. The tech crash Monday was led by one of the most sober names in tech, German corporate software maker SAP. SAP announced Monday that it would miss third-quarter expectations, sending its stock into a tailspin. SAP shares closed at $39.68 per share, down 13.08 percent for the day and a new 52-week low.
http://benton.org/node/17643
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POLICYMAKERS
   Laying it on the line with FCC Chair Kevin Martin
LAYING IT ON THE LINE WITH FCC CHAIR KEVIN MARTIN
[SOURCE: ars technica, AUTHOR: Matthew Lasar]
A long look at the tenure of Federal Communications Commission Chairman Kevin Martin. Lasar concludes, "What's crucial to those of us who believe in a competitive, democratic system of broadcasting and telecommunications is that the process of fighting for it stays open, accessible, and highly visible. Sometimes Kevin Martin has helped that agenda -- not always, but at important moments. That is a favor for which we who have lived through the last eight years should be thankful."
http://benton.org/node/17642
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QUICKLY

'CAPITOL TWEET' WIDGET FOLLOWS CONGRESS ON TWITTER
[SOURCE: C-Net|News.com, AUTHOR: Stephanie Condon]
Now that the House and Senate have adopted rules allowing congressmen to join the Web 2.0 world, they can tweet to their hearts' content. Accordingly, a new widget released by a government transparency group allows people to follow their favorite politicians' latest micro-blogs. The Sunlight Foundation's "Capitol Tweet" widget provides updates every 10 minutes from the latest tweets from members of Congress.
http://benton.org/node/17629
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So ends the worst week in Chicago baseball history.

Who else reads your e-mail?

We use e-mail for everything from business negotiations to quick I-love-yous. Because e-mail resembles a telephone conversation, we too often assume it's private. It's not. Just ask Sarah Palin. A college student recently broke into her Yahoo e-mail account with frightening ease; he boasted that it took just 45 minutes using Wikipedia and Google to find the answers to Yahoo's security questions about her birth date, ZIP Code, and where she met her husband. But break-ins are hardly the only threat to our e-mail privacy. Who can see your e-mail - even en route - is a complicated question, made more uncertain by a recent court decision. First, your office e-mail is governed by whatever rules your company decides. If the government wants to see your e-mail, it can have the warrant served on that company. Of course, the service provider has to respond to the warrant, just as you would if the feds came to your house. The difference is that the company decides whether to resist the court order, not you. You are supposed to be informed within 90 days, but in practice you may never know. E-mail stored elsewhere really isn't yours.

News Media Feel Limits to Georgia's Democracy

Georgia and its American backers, including the Republican and Democratic United States presidential contenders, have presented Georgia as a plucky little democracy in an unstable region, a country deserving of generous aid and NATO membership. But a growing number of critics inside and outside the country argue that it falls well short of Western democratic standards and cite a lack of press freedom as a glaring example. In its most recent report, Freedom House, a human rights research group based in New York, ranked Georgia, in terms of press freedom, on a level with Colombia and behind Nigeria, Malawi, Indonesia and Ukraine — the last a NATO aspirant, like Georgia.

In Brazil, Business as Usual Often Involves Wiretapping

Under Brazil's laws, wiretapping is meant to be an investigative method of last resort. But it has become a primary tool to crack white-collar cases. According to an estimate released by legislators, Brazil's phone companies received 409,000 judicial wiretapping requests last year. For some, Brazil's wiretapping mania is a holdover from the country's 20-year dictatorship, when secret police kept tabs on political enemies. The government spies were nicknamed arapongas -- after birds known for their metallic, alarming cries. Military rule ended in 1984, but not Brazil's culture of spying. These days, Brazil's political and economic elite are convinced someone is always listening.

Palin, Debate Drive Campaign Coverage

Though the U.S. economic crisis dominated general news coverage -- and indeed became one of the biggest stories PEJ ever recorded -- it was another event, the Oct. 2 vice-presidential debate, that drove the 2008 campaign narrative. From Sept. 29-Oct. 5, the fiscal meltdown and efforts to fashion a bailout package filled 45% of the overall news coverage examined by the Pew Research Center's Project for Excellence in Journalism. Not only was that significantly more coverage than the campaign -- which filled 34% of the newshole. The various events connected to the debate accounted for more than half (52%) of last week's election coverage, according to PEJ's Campaign Coverage Index. The biggest storyline was the debate itself, at 45% of the newshole. Other related themes included Katie Couric's much-discussed interview with Palin, (5%), which helped establish the stakes and expectations for the debate. A flap over whether debate moderator Gwen Ifill might harbor a bias toward Barack Obama accounted for another 2%. The debate's central role in last week's election coverage was also reflected in the competition for media exposure. Last week Palin led all the candidates in coverage, registering as a significant or dominant newsmaker in 51% of the campaign stories. That represents a major increase over the previous week when she was a significant or dominant factor in only 15% of the campaign stories. Biden, who has largely been ignored by the media, was a significant or dominant factor in 30% of the stories last week. That more than doubled his previous high water mark (13%), which occurred the week he was added to the Democratic ticket.

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