Check local listings for tonight's debate. For upcoming media policy
events, see http://www.benton.org/calendar.htm
MEDIA & ELECTIONS
Boycott Call Grows Over Plan to Air Anti-Kerry Film
Sinclair and Double Standards
Sinclair's Partisan Ploy Cries Out for Equal Time
Sinclair Plays Fast and Loose with the News
Sinclair's Hatchet Job on Kerry
Viacom Issue-Ad Rejection Draws Protest
Kerry Campaign Goes Positive
INDECENCY
Smut, Sats, DTV Unresolved
FOX Violation of Indecency Rule for "Married By America"
Howard Stern and the Future of Media Censorship
QUICKLY
Alcohol Ads Up; Youth Drinking Flat
LPTV Facing 'Spectrum Fights' During DTV Transition
The Role of Radio Sawa In Mideast Questioned
NCTA Opposes Tougher Captioning Enforcement
Supreme Court Declines to Review FCC's Phone Competition Rules
Temporary Suspension Of Schools And Libraries/Rural Health Care Funding
Commitments
A Laptop in Every Locker
Broadband Policy -- Who has a Better Plan?
EFF Challenges Secret Government Order to Shut Down Media Websites
FTC Files First Spyware Case Following CDT Complaint
MEDIA & ELECTIONS
BOYCOTT CALL GROWS OVER PLAN TO AIR ANTI-KERRY FILM
The Federal Elections Commission and the Federal Communications Commission
are unlikely to rule on the legality of airing "Stolen Honor" before its
scheduled showing next week, a call for a boycott of Sinclair advertisers
may already be having some effect. Democrats are urging supporters to call
Sinclair stations and their advertisers to complain about Sinclair's plans
for a preelection screening. A handful of local companies, in cities
including Minneapolis and Columbus, Ohio, have pulled their ads from the
local Sinclair stations. One, Baltimore-based Sylvan Learning Center,
released a statement saying the company was "a nonpartisan organization."
It added, "Our advertising strategy is designed to reach our customers and
is in no way supportive of any political party or agenda."
[SOURCE: Los Angeles Times, AUTHOR: Elizabeth Jensen]
http://www.latimes.com/news/printedition/asection/la-na-sinclair13oct13,...
(requires registration)
SINCLAIR AND DOUBLE STANDARDS
[Editorial] The WSJ takes issue with the reaction to Sinclair's move to air
"Stolen Honor," accusing Democrats of censorship and comparing Sinclair's
editorial decision with that of the Philadelphia Inquirer, the St. Louis
Post-Dispatch, the Oregonian, the Portland (Maine) Press Herald, the
Atlanta-Journal Constitution, the Seattle Post-Intelligencer, the
Philadelphia Daily News, the Seattle Times, the Arizona Daily Star, the
Detroit Free Press, the New London Day, and -- living up to its name -- the
Lone Star Iconoclast of President Bush's hometown of Crawford, Texas -- all
of which have endorsed Sen Kerry. "We haven't done the math," the editorial
reads, "but surely the combined impact of these "in-kind contributions"
reaches millions of potential voters who aren't likely to read another
editorial endorsing Mr. Bush. By contrast, Sinclair's 42-minute documentary
is airing on the company's 62 stations, which reach 24% of U.S.
households." The editorial ends by comparing Sinclair's decision to
*broadcast* "Stolen Honor" while Michael Moore works to make "Fahrenheit
9/11" available on pay-per-view the night before the election. "We look
forward to reading the Senators' follow-up letter to the FCC on this abuse
of the airwaves," the editorial ends. [Although Headlines readers know,
cable operators aren't considered public trustees of the airwaves -- using
cable and all -- as broadcasters are.]
[SOURCE: Wall Street Journal, AUTHOR: Wall Street Journal Editorial Staff]
http://online.wsj.com/article/0,,SB109763076928843802,00.html?mod=todays...
(requires subscription)
SINCLAIR'S PARTISAN PLOY CRIES OUT FOR EQUAL TIME
[Commentary] Sinclair's obvious attempt to affect the election by
broadcasting the film is exactly the sort of use of public
airwaves to promote station owners' private political agendas that federal
regulations have always been designed to prevent. "American thought and
American politics will be largely at the mercy of those who operate these
stations," Rep. Luther Johnson warned at the time of the passage of the
Radio Act of 1927. With growing numbers of stations controlled by chains
like Sinclair -- which controls more television licenses than any other
operator-- these
concerns are more relevant than ever. If Sinclair wants to give more
exposure to "Stolen Honor," it can do so fairly by providing equal time for
an examination of the same subject from an opposing perspective. The
documentary "Going Upriver: The Long War of John Kerry," a positive account
of Kerry's service in Vietnam and his
anti-war activism upon his return, would seem to be an ideal candidate. The
Chicago Tribune (10/1/04) called it "almost essential viewing... that
anyone who intends to vote this November should make every effort to see."
FAIR is asking readers to contact Sinclair and ask it to air "Going
Upriver" as well as "Stolen Honor.
Sinclair Contact Info -- Phone: 410-568-1500 E-mail: comments( at )sbgi.net
[SOURCE: FAIR]
http://www.fair.org/
SINCLAIR PLAYS FAST AND LOOSE WITH THE NEWS
[Commentary] The anti-Kerry documentary Sinclair plans to run on its
stations is a publicity stunt masquerading as journalism. This is
"political service" journalism at its worst. In the film, Kerry is
described to viewers as "a willing accomplice" for "enemy propagandists."
Billing this film as news, however, carries certain key advantages for
Sinclair. As a news program, the film, which will be run commercial-free,
may be exempt from federal regulations that require equal time for Senator
Kerry's campaign to respond. Instead, the Kerry camp is calling on
supporters to boycott Sinclair advertisers and demonstrate against its
stations, while a group of Democratic senators -- including Kerry's mentor,
Senator Edward Kennedy, are asking the FCC to investigate Sinclair's
broadcast plans, charging that the documentary is not news, but really a
political advertisement favoring Kerry's opponent, President Bush.
[SOURCE: MediaChannel.org]
http://www.mediachannel.org/views/dissector/affalert277.shtml
SINCLAIR'S HATCHET JOB ON KERRY
[Commentary] Think who owns and makes the media doesn't matter? Consider
Sinclair's order to its owned affiliates to air an alleged "documentary"
that is nothing more than a hatchet job on John Kerry. At CCVM, we're a
nonpartisan nonprofit. But what this episode clearly points up is that
television needs more voices owning stations and more voices producing
programming. It doesn't matter whether they are liberal or conservative, as
long as there are more, so that a Sinclair isn't able to monopolize the
public airwaves in the communities it is supposed to serve in the public
interest.
[SOURCE: Center for Creative Voices in Media]
(www.creativevoices.us)
VIACOM ISSUE-AD REJECTION DRAWS PROTEST
Viacom is making news in this election again -- this time refusing to run
ads aimed at getting young voters to participate in the democratic process.
The Let Us Decide Coalition says that it had a $115,000 buy booked on
Comedy Central for the first ad in a planned $750,000 combined local and
national cable and broadcast campaign, only to have it rejected by Viacom
Oct. 1, citing its standing policy against issue advertising. The ads ask
young voters to compare policies of the two candidates--like minimum
wage--and then decide who to vote for, with the current administration
clearly suffering in the comparison. The Coalition contends that Viacom has
a near monopoly hold on young viewers through its cable networks Comedy
Central, VH1, BET and various MTVs. The Coalition also says it will be more
expensive to reproduce that $115,000 buy going market-to-market, as they
have had to do with the campaign, with the first of three ads launching
Monday night. The group is responding by urging a boycott of Viacom
advertisers and starting an online and phone campaign targeted at Viacom
executives.
Earlier this year, Viacom refused an anti-Bush ad from MoveOn.org during
the Super Bowl.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA471155.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
Additional coverage --
*Washington Post:
http://www.washingtonpost.com/wp-dyn/articles/A28103-2004Oct12.html
KERRY CAMPAIGN GOES POSITIVE
According to a new report from Nielsen Monitor Plus and the University of
Wisconsin Advertising Project, the presidential campaigns of Sen Kerry and
President Bush continue to narrow their advertising buys to key toss-up
states. According to the study, 87% of all presidential ads aired in the
top 50 markets, although they represent just 27% of the country. In other
words, says the study, "the need for campaigns to focus their finite
advertising budgets on the few states still in contention has left over 70%
of the potential voters largely or completely out of the main way that
presidential campaigns are communicating their message."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA471245.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
For more information about the report see --
Press Release
http://polisci.wisc.edu/tvadvertising/Press_Releases/Press_Release_PDFs/...
Project home page
http://polisci.wisc.edu/tvadvertising/Index.htm
INDECENCY
SMUT, SATS, DTV UNRESOLVED
Nothing makes democracy safe for the world like Congress going home. Don't
you fret, however, there will be plenty of work for our lame ducks after
the election. On the agenda will be 1) the digital television transition
and the return of spectrum used for analog TV for emergency services; 2)
increasing fines for broadcasting indecent content; and 3) extending the
satellite TV providers' right to import broadcast network programming to
households that can't receive an acceptable analog version from their local
affiliates. The House and Senate seem far apart on spectrum reclamation.
The House passed a non-binding "sense of Congress" [insert your own joke
here] calling on the government to reclaim all TV stations' analog channels
by the end of 2006. At present that spectrum will not be reclaimed until
85% of households have the equipment necessary to receive digital TV
signals. The House passed a bill raising fines for indecency and requiring
FCC action within nine months of a complaint being filed. The Senate is
still working on similar legislation. The House is also waiting on the
Senate to pass a satellite TV bill. The current legislation expires
December 31 and could result in a big bunch of DBS subscribers losing
access to some important bowl games on New Year's Day.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA471489.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
FOX VIOLATION OF INDECENCY RULE FOR "MARRIED BY AMERICA"
The FCC issued a Notice of Apparent Liability for Forfeiture against
various Fox Television Network affiliates for airing indecent material
during an April 7, 2003 episode of the "Married By America" program. The
Commission proposed a forfeiture in the amount of $7,000 for each station
that broadcast the program. The Commission found that the episode, which
aired prior to 10:00 p.m., a time when children were likely to be in the
audience, involved depictions of sexual activity and was patently
offensive. The total is a $1.18 million fine against 169 Fox Television
Network stations. The offending material focused on the Las Vegas bachelor
and bachelorette parties for two couples featuring strippers and sexual
situations. Scenes included party-goers licking whipped cream from
strippers' bodies and a man on all fours in his underwear getting spanked
by two strippers. Fox argued that the scenes were not indecent because
sexual organs were pixilated and because the scenes were fleeting.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253053A1.doc
[SOURCE: Broadcasting&Cable]
http://www.broadcastingcable.com/article/CA471564.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
See the FCC order at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-242A1.doc
Additional coverage --
* Washington Post
One Hollywood executive who works in reality television and agreed to talk
only anonymously said viewers have more power to shield their children from
scheduled television shows than they do from unexpected commercials for
R-rated movies or promotions for local news shows that tout "20 dead, five
raped, coming up at 11. The FCC is wasting time, and they should recognize
that as adults we can be responsible for our children. They should monitor
things we don't have control over," the executive said. "It's a Fox show,
and people should know what they're getting themselves into."
http://www.washingtonpost.com/wp-dyn/articles/A28197-2004Oct12.html
* LA Times
http://www.latimes.com/business/printedition/la-fi-fox13oct13,1,6473419....
* USA Today:
http://www.usatoday.com/printedition/money/20041013/foxfcc13.art.htm
* New York Times
http://www.nytimes.com/2004/10/13/business/media/13fox.html
HOWARD STERN AND THE FUTURE OF MEDIA CENSORSHIP
[Commentary] Anyone who cares about the First Amendment and press freedom
should find chilling that policymakers are proposing regulation of the
underlying business practices or ownership structures of the press, the
content the press airs, and even the newsgathering methods and practices
they utilize. While we can be glad that the Internet and cyberspace have
thus far been able to evade government controls, a two-tier system of First
Amendment freedom is neither sensible nor sustainable. Is it fair, for
example, that CBS.com gets the gold standard of press freedom while CBS
television or radio gets second-class citizenship rights in terms of First
Amendment protections? If CBS airs a clip on its stations deemed "indecent"
by just three of the five FCC regulators, they get fined. But if that same
clip is broadcast on the 'Net, those regulators can't touch it. Does that
make any sense? At some point in the near future the illogical regulatory
distinction between traditional broadcast and new media will be challenged
in the courts. It will force the constitutional question of whether
government can and should censor the media in the future.
[SOURCE: Cato Institute, AUTHOR: Adam Thierer]
http://www.cato.org/tech/tk/041011-tk.html
QUICKLY
ALCOHOL ADS UP; YOUTH DRINKING FLAT
The Center on Alcohol Marketing and Youth has released a study that finds
that alcohol advertising has exploded in recent years -- with cable TV
leading the way -- and that the alcohol industry has a long way to go to
fulfill its promise to reduce the number of such ads in programming with
significant youth viewership.
See the Center's report at http://camy.org/. You can also check what
alcohol ads appeared during programs aired in your area using the Center's
interactive data tool.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA471011.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
LPTV FACING 'SPECTRUM FIGHTS' DURING DTV TRANSITION
At the Community Broadcasters Association convention, FCC Media Bureau
Chief Engineer Keith Larson said Low Power Television stations (LPTV) face
"spectrum fights down the road" because they use "beach front property"
spectrum coveted by wireless, fixed wireless and unlicensed spectrum
industries. LPTV is threatened particularly by demands for wireless
spectrum after the DTV transition, Larson said, because LPTV stations --
unlike full-power broadcasters -- aren't guaranteed a channel allocation or
freedom from interference. "If wireless companies take all the channels
surrendered [by broadcasters after the transition] you are in a very bleak
position," warned Larson. Although LPTV got 80% of what it wanted in a
recent FCC order on the digital TV conversion, stations would still like to
get more protection and must-carry rights on cable.
[SOURCE: Communications Daily, AUTHOR: Michael Feazel]
(Not available online)
THE ROLE OF RADIO SAWA IN MIDEAST QUESTIONED
Radio Sawa, an Arab-language pop music and news station funded by the U.S.
government and touted by the Bush administration as a success in reaching
out to the Arab world, has failed to meet its mandate of promoting
democracy and pro-American attitudes, according to a draft report prepared
by the State Department's inspector general. The report credited Radio Sawa
with attracting a large audience in key Middle East countries but said the
station, which has an annual budget of $22 million, has been so preoccupied
with building an audience through its music that it has failed to
adequately measure whether it is influencing minds. The report also
questioned the validity of some research given to Congress by the
Broadcasting Board of Governors, Radio Sawa's parent, to demonstrate its
success.
[SOURCE: Washington Post, AUTHOR: Glenn Kessler]
http://www.washingtonpost.com/wp-dyn/articles/A28031-2004Oct12.html
(requires registration)
NCTA OPPOSES TOUGHER CAPTIONING ENFORCEMENT
In July, Telecommunications for the Deaf and other groups asked the FCC to
maintain a database with updated captioning contact information for
programmers and to create a complaint form that viewers could submit when
compliance problems are discovered. The FCC has been phasing in
closed-captioning quotas. As of Jan. 1, broadcasters and cable operators
were required to caption at least 1,350 hours of new English-language
programming per quarter. All English-language programming except for news
and other exempt shows must be captioned beginning Jan. 1, 2006. But the
National Cable & Telecommunications Association came out against the
stronger closed-captioning rules sought by advocates for the deaf. Most
complaints about closed-captioning are caused by "technical glitches" that
"fall short of demonstrating a problem that warrants significant changes in
the rules," NCTA says.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA470932.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
SUPREME COURT DECLINES TO REVIEW FCC'S PHONE COMPETITION RULES
In an expected move, the Supreme Court rejected an appeal to reverse a
decision by the U.S. Appeals Court, D.C., that vacated much of the FCC's
phone competition rules, including the FCC's decision to delegate review to
state commissions. Neither the Bush Administration nor the FCC supported
the appeal. The FCC is working on crafting new rules -- perhaps by the end
of the year.
[SOURCE: Communications Daily, AUTHOR: Susan Polyakova]
(Not available online)
TEMPORARY SUSPENSION OF SCHOOLS AND LIBRARIES/RURAL HEALTH CARE FUNDING
COMMITMENTS
The FCC directed the Universal Service Administrative Company (USAC), the
administrator of the Schools and Libraries (E-rate) and Rural Health Care
Universal Service Support Mechanisms, to change USAC's accounting
methodology by October 1, 2004 to the same methodology that the Federal
Government uses. Among other things, we were informed that this required
USAC to change the rules that we use to account for various financial
transactions, including funding commitments in those programs. The
accounting changes were not intended to have any impact on the way in which
we administer the programs themselves. USAC has sufficient funds on hand to
cover all FCDLs it has issued; however, we cannot issue any new funding
commitments until additional unobligated funds are made available. At this
time, and as some prior FCDLs expire, we expect to be able to issue some
funding commitments in the E-rate and Rural Health Care programs by late
November 2004. USAC is working very closely with the FCC to resolve issues
as quickly as possible, including the priority of commitments to be issued
as we become able to issue new FCDLs.
[SOURCE: Universal Service Administrative Company Notice]
http://www.universalservice.org/new/2004.asp#101204
A LAPTOP IN EVERY LOCKER
With colleges incorporating computers into instruction, and with many
employers assuming that applicants have computer experience, it might be
just a matter of time before computers become as elemental to high school
as backpacks or calculators. Laptop programs have sprung up in Henrico and
Roanoke (VA) counties and across the state of Maine. Many private schools
require students to have personal computers, although students are
generally expected to pay for them. This article focuses on the only high
school in the Alexandria (VA) district which reserved $1.4 million of its
annual budget to lease, insure and administer computers for each student.
The computers would have cost about $1,600 each if students had bought them
individually. "It gives us the ability to level the playing field," said
John Crites, head of technical support for the Alexandria school district.
"If one kid has a computer at home and is able to make graphics and pie
charts and another kid has to draw the graphics and pie charts, the way
their papers come out is going to differ."
[SOURCE: Washington Post, AUTHOR: Tara Bahrampour]
http://www.washingtonpost.com/wp-dyn/articles/A28050-2004Oct12.html
(requires registration)
BROADBAND POLICY -- WHO HAS A BETTER PLAN?
[Commentary] Although they have not gotten to address the issue much in the
campaign, Sen Kerry and President Bush differ in their approaches to
expanding access to broadband Internet service. Sen Kerry emphasizes tax
incentives, advocating a 10% tax credit for companies that invest in
today's technology in rural and inner-city areas. And he proposes a 20% tax
credit for investments anywhere for what he calls next-generation broadband
that will make available much faster speeds than those delivered presently
by telephone-company-provided DSL and cable-company-provided modem
services. Kerry estimates the cost of the tax credits over five years at $2
billion. President Bush does not mention broadband tax credits, choosing
instead, on the tax front, to highlight his opposition to allowing states
and localities to tax broadband services. Most significantly, he
underscores the relationship between regulation and investment in new
networks. For example, in April, Bush stated: "Broadband is going to spread
because it's going to make sense for private sector companies to spread it
so long as the regulatory burden is reduced-in other words, so long as
policy at the government level encourages people to invest, not discourages
investment."
Hopefully, the candidates' very different regulatory philosophies -- one
relying on less regulation and the other more on government financial
support -- will usher in a broader debate about the need to update our
communications laws with a meaningful set of regulatory reforms appropriate
for the digital age.
[SOURCE: Progress and Freedom Foundation, AUTHOR: Randolph J. May]
http://www.pff.org/issues-pubs/opinion/041011broadbandpolicy.html
EFF CHALLENGES SECRET GOVERNMENT ORDER TO SHUT DOWN MEDIA WEBSITES
The Electronic Frontier Foundation (EFF) is representing a coalition of
independent Internet journalists whose websites were shut down on Thursday,
October 7, when their servers were seized by the FBI. The two servers,
which were located in the United Kingdom and managed by San Antonio-based
Rackspace Managed Hosting, hosted Indymedia's Internet radio station and
more than 20 Indymedia websites, as well as several email lists. The
seizure was in response to a "Commissioner's Subpoena" issued at the
request of a foreign government. Citing a gag order, Rackspace has provided
no further details. An FBI spokesperson has confirmed that the subpoena was
issued at the request of Italian and Swiss authorities. Earlier this month,
the FBI made informal requests to both Rackspace and Indymedia to remove an
Indymedia news story that included photos of undercover Swiss investigators
posing as anti-globalization activists.
[SOURCE: Electronic Frontier Foundation Press Release]
http://www.eff.org/news/archives/2004_10.php#001992
For more info see http://indymedia.org/en/static/fbi
See also --
APC condemns "arbitrary" seizure of IndyMedia web servers by US and
European law enforcers
APC condemns the actions by US and European law enforcement agencies to
seize independent online news service Indymedia's web servers, which has
led to the closure of more than 21 of the more than 140 Indymedia web sites
worldwide since October 7. None of the agencies involved has admitted or
provided reasons for the seizure though Rackspace, the company which
provided web hosting for the sites and handed the servers over to law
enforcers, said in a statement that their action was "in compliance with a
court order pursuant to a Mutual Legal Assistance Treaty (MLAT)". MLAT
establishes procedures for countries to assist each other in investigations
regarding international terrorism, kidnapping and money laundering and so
using it to remove an independent news source would appear to be an abuse.
[SOURCE: Association for Progressive Communications Press Release]
http://www.apc.org/english/news/index.shtml?x=26809
FTC FILES FIRST SPYWARE CASE FOLLOWING CDT COMPLAINT
The Federal Trade Commission filed suit in the District Court of New
Hampshire on Thursday against Seismic Entertainment and a former
self-styled "Spam King," Sanford Wallace, taking up a complaint filed by
CDT last February. CDT's complaint highlighted browser hijacking and
deceptive advertising run by Seismic advertising, and CDT subsequently
documented forced installations caused by a Seismic website. The FTC's suit
mentions these and other actions as reasons for its suit.
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)
Additional coverage --
*Washington Post
http://www.washingtonpost.com/wp-dyn/articles/A28179-2004Oct12.html
* New York Times
http://www.nytimes.com/2004/10/13/technology/13spy.html
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------