For upcoming media policy events, see http://www.benton.org/calendar.htm
MEDIA & ELECTIONS
Drama Over a Documentary
'Balance' in a Spinning World
Better Late Than Wrong
Pollsters Can't Just Phone It In
BROADCASTING
Barton's Opening Shot
HDTV's Copy-Protection Prison
Activists Weigh In on Restricting TV Violence
Stern's Critics May Not Be Done
Entercom Faces $55K Fine for Indecency
FCC Should Clarify Affiliate Rights, Protect Spectrum Licenses, Martin Says
Pubradio Eyes Dozens of Channels in FCC Auction Nov 3
TELECOM QUICKLY
FCC Veterans Differ on Agency Reform
Rural Internet Funds Go to Texas Commuter Towns
Intermodal Competition: Are We There Yet?
Radio Operators OK Rules on Net Over Power Lines
Wireless Broadband Model Communities in Rural America
Eligible Services List for Schools and Libraries Universal Service=
Mechanism
NTIA Supports FCC's Broadband Actions
MEDIA & ELECTIONS
DRAMA OVER A DOCUMENTARY
Understandably, there's lots of coverage of the Sinclair/Stolen Honor=20
situation in the trade press. We'll summarize it here under the title of an=
=20
interview with Sinclair's Mark Hyman and provide links to stories below. On=
=20
Friday, the Kerry campaign asked Sinclair Broadcasting for time to respond=
=20
to the documentary on all the stations that air it. Even before Sen. John=20
Kerry (D-MA) requested this time, Hyman told B&C that having Sen Kerry=20
appear in a controversial broadcast was the plan all along. =93We told Kerry=
=20
before we produced anything that we wanted his participation, and we sent=20
him a copy of the documentary,=94 said Hyman. =93We were quietly waiting for=
=20
his campaign to get back to us and tell us what he wanted to do when the=20
L.A. Times story appeared.=94 Hyman thinks getting Kerry to appear on=20
Sinclair stations would be a great "get" since Kerry has not had a sit-down=
=20
interview with any news organization since the Democratic convention. Hyman=
=20
said airing the documentary special close to the election was not a blatant=
=20
attempt to hurt Kerry: =93Under that standard, every single news report of=
=20
bombings in Iraq or the death of a soldier or stories of economic=20
performance that is weaker than expected should be considered an in-kind=20
contribution to John Kerry.=94 But why air the program so close to the=20
elections? Hyman said the veterans interviewed in Stolen Honor did not come=
=20
forward until August. =93According to the filmmaker [Carlton Sherwood], none=
=20
of the big broadcast networks wanted to speak with him,=94 Hyman said.=20
=93That=92s why he went shopping for other venues. We did our due diligence=
on=20
his film and saw something to it.=94
The link to the NYTimes story below offers a long article hitting on the=20
political, legal and financial implications of Sinclair's decision.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA472537.html?display=3DTop+of+...
Week&referral=3DSUPP
Kerry Camp Wants Equal Time
[SOURCE: Broadcasting&Cable]
http://www.broadcastingcable.com/article/CA472552.html?display=3DBreakin...
ws&referral=3DSUPP
Honoring an Invite
http://www.broadcastingcable.com/article/CA472609?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
Kerry Requests Response Time to Sinclair Film
[SOURCE: TVWeek, AUTHOR: Doug Halonen]
http://www.tvweek.com/news.cms?newsId=3D6534
Risks Seen For TV Chain Showing Film
[SOURCE: New York Times, AUTHOR: Bill Carter]
http://www.nytimes.com/2004/10/18/business/media/18sinclair.html
(requires registration)
'BALANCE' IN A SPINNING WORLD
Journalists are the last line of defense against public deception. But when=
=20
journalists detect deception in a political campaign, should they also be=20
deciding which politician's deceits are worse? In articles, columns and one=
=20
internal ABC News memo, some journalists have argued that President Bush=20
has engaged in far more serious distortions than Sen Kerry has, and that=20
media outlets should blow the whistle on these falsehoods. "Your instinct=20
is that if we say bad things about one side you have to say bad things=20
about the other side," says Adam Nagourney, the New York Times's chief=20
political reporter. "You want to give equal scrutiny to both sides, but I=20
don't think you should impose a false equivalence that doesn't exist." The=
=20
Bush team, which issued a release slamming a recent Nagourney story, is=20
pushing back. "The Bush campaign should be able to make an argument without=
=20
having it reflexively dismissed as distorted or inaccurate by the biggest=20
papers in the country," says spokesman Steve Schmidt. At issue is how far=20
reporters should go in analyzing the candidates' attacks and ads,=20
especially if one side is using a howitzer and the other a popgun. Mark=20
Halperin, ABC's political director, fueled the debate with a memo that=20
leaked to the Drudge Report. "Kerry distorts, takes out of context, and=20
[makes] mistakes all the time, but these are not central to his efforts to=
=20
win," Halperin wrote. While both sides should be held accountable, "that=20
doesn't mean we reflexively and artificially hold both sides 'equally'=20
accountable when the facts don't warrant that." Complaints by the Bush=20
camp, Halperin said, are "all part of their efforts to get away with as=20
much as possible with the stepped-up, renewed efforts to win the election=20
by destroying Senator Kerry at least partly through distortions."
[SOURCE: Washington Post, AUTHOR: Howard Kurtz]
http://www.washingtonpost.com/wp-dyn/articles/A40668-2004Oct17.html
(requires registration)
BETTER LATE THAN WRONG
Network television does not want to repeat the mistakes of 2000, calling=20
state races before they were decided. So in 2004, networks are putting a=20
premium on being right instead of being first. When attempts to repair the=
=20
patchwork of technology known as the Voter News Service failed in midterm=20
elections of 2002, VNS was disbanded and succeeded by the National Election=
=20
Pool, which is run by the same consortium of ABC News, CBS News, CNN, Fox=20
News, NBC News and the Associated Press. The AP will be doing all the raw=20
vote collection and tabulation.
[SOURCE: TVWeek, AUTHOR: Michele Greppi]
http://www.tvweek.com/article.cms?articleId=3D26237
POLLSTERS CAN'T JUST PHONE IT IN
[Commentary] Changes in communications technology make it increasingly=20
difficult to construct a truly representative sample. Until recently, for=20
instance, it was safe to say that virtually every home in America had a=20
telephone, so polls conducted by phone have been seen as a reliable way to=
=20
give every household an equal chance of being surveyed. But now, there's a=
=20
category of people =97 mostly younger people and renters =97 who have=20
cellphones but no land lines. Federal law makes it illegal to survey=20
cellphones without consent if phone owners pay for calls they receive.=20
Pollsters don't want to endanger people who may be driving cars. And with=20
portability of numbers, you never know if a cellphone's area code actually=
=20
reflects where the owner lives. As a result, an entire category of people=
=20
=97 we can call them CPOs, for "cellphone only" =97 are missing from=
surveys.=20
Does it matter? Probably not this year, because CPOs constitute only an=20
estimated 4% to 7% of the population right now. But if there were a huge,=20
unexpected surge of voting by CPOs in, say, swing states like Ohio with big=
=20
college student populations, they could have an effect not reflected in the=
=20
polls. Voila: Truman beats Dewey.
[SOURCE: Los Angeles Times, AUTHOR: Philip J. Trounstine, Director of=20
the Survey and Policy Research Institute at San Jose State University]
http://www.latimes.com/news/printedition/opinion/la-oe-trounstine18oct18...
031473.story?coll=3Dla-news-comment
(requires registration)
BROADCASTING
BARTON'S OPENING SHOT
House Commerce Committee Chairman Joe Barton will wage his first battle=20
against broadcasters as early as next month when he pushes his plan to take=
=20
back TV stations' old analog channels by the end of 2006. If Congress takes=
=20
no action on reclaiming analog channels, stations won't be required to=20
return the frequencies until 85% of TV households are equipped to receive=20
DTV signals, which could add years, even decades to the transition. Rep=20
Barton argues that broadcasters will be better off in the long run if=20
channels aren't reclaimed piecemeal, as the Senate has voted to do. "We can=
=20
turn spectrum over to public safety sooner, and all broadcasters will be=20
able to move to their final digital channels," he told colleagues during=20
statement on the House floor Oct. 8. Broadcasters' allies in Congress will=
=20
warn against a swift transition resulting in many consumers losing their=20
television service. The battle for the channels will resume either after=20
the election, when Congress returns for a lame-duck session, or in the 2005=
=20
Congress.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA472547?display=3DWashington&r...
ral=3DSUPP
(free access for Benton's Headlines subscribers)
HDTV'S COPY-PROTECTION PRISON
[Commentary] A look at the problems with recording high-definition, digital=
=20
TV content. For example, when equipped with a digital tuner,=20
Microsoft's Media Center can show and record HD programming, but only from=
=20
local broadcast stations -- no ESPN, no HDNet, no HBO. The difficulty is=20
with the unsettled state of copy protection for HD programming rather than=
=20
any technical issue. Until now, HD content has been sent out unprotected=20
over cable and satellite systems. With some new Federal Communications=20
Commission rules in place and equipment capable of recording HD video=20
hitting the market, content owners are starting to apply protection -- but=
=20
the hardware and software needed to allow video recorders to comply with=20
the protection schemes aren't ready.
[SOURCE: BusinessWeek, AUTHOR: Stephen H. Wildstrom]
http://www.businessweek.com/technology/content/oct2004/tc20041015_4243_t...
.htm
ACTIVISTS WEIGH IN ON RESTRICTING TV VIOLENCE
The Center for Creative Voices in Media, the Caucus for Television=20
Producers, Writers & Directors, and children=92s TV activist Peggy Charren=
=20
have told the FCC it should embark on a public education campaign to=20
promote healthy viewing habits instead of restricting violent programming.=
=20
"Censorship should always be a very, very last resort, not a first resort,=
=94=20
the groups wrote in comments filed with the FCC Friday. Instead, the FCC=20
should encourage parents and TV programmers take to responsibility for what=
=20
kids watch on TV. For instance, FCC education campaigns modeled after a new=
=20
effort to promote digital television could educate the public and the TV=20
industry on the danger =93gratuitous violence=94 does to children. Other=20
suggestions include a media-literacy drive to promote critical thinking=20
about media messages, as well as promotion of the V-chip channel-blocking=20
device and parental controls available from cable and DBS operators. The=20
group also called on the FCC to promote the =93Healthy Media, Healthy=20
Children=94 program that members of Congress and private executives are=20
sponsoring to identify research examining the impact of violent programs in=
=20
kids.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA472559?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
See the filing at:
http://www.creativevoices.us/cgi-upload/news/news_article/CCVMViolencePa...
e101504.PDF
STERN'S CRITICS MAY NOT BE DONE
Howard Stern may be taking his radio show to satellite radio, but "If the=20
neoconservatives in government really want him, I think Howard Stern would=
=20
have to move to Mars" to continue his shtick, said Deborah A. Lathen,=20
former head of the cable services bureau at the FCC. Stern's shift to=20
satellite radio has provided a new arena -- and new fuel -- for activists=20
in and out of government who have argued that subscription services, namely=
=20
cable and satellite television, need tighter regulation because of=20
increasingly racy programming. FCC Chairman Michael Powell and some Members=
=20
of Congress has suggested the FCC's authority needs to be expanded to hold=
=20
pay and free TV and radio to the same standards. "We would challenge any=20
effort like that, and I think the courts would strike it down," said Andrew=
=20
Jay Schwartzman, president of the Media Access Project, a watchdog group in=
=20
Washington. Robert P. Corn-Revere, a noted 1st Amendment lawyer in=20
Washington, says broadcasting is treated differently because it can be=20
readily accessed by children and other protected groups. "I don't think=20
it's likely the courts would uphold" indecency legislation or regulation=20
targeting subscription services, he said. "Congress has already gone after=
=20
indecency on the Internet, even though the courts have struck them down=20
several times," said Adam D. Thierer, director of telecommunications=20
studies at the Cato Institute in Washington. "You can bet your bottom=20
dollar, if they can find a rationale to regulate the Internet, they will=20
try to regulate paid subscription services."
[SOURCE: Los Angeles Times, AUTHOR: Jube Shiver Jr]
http://www.latimes.com/business/printedition/la-fi-sternfcc18oct18,1,464...
.story?coll=3Dla-headlines-pe-business
(requires registration)
Also see commentary from Dan Gillmor on Stern's move --
Stern's Declaration of Independence Good for Radio, and For Us
[SOURCE: San Jose Mercury News, AUTHOR:Dan Gillmor]
http://www.mercurynews.com/mld/mercurynews/business/technology/9942401.htm
ENTERCOM FACES $55K FINE FOR INDECENCY
On Friday, the FCC fined Entercom Communications station KRXQ(FM)=20
Sacramento (CA) $55,000 for two indecent broadcasts aired on the Rob, Arnie=
=20
& Dawn in the Morning show in 2002 and 2003. The URL below includes a=20
description of the programming content -- click through at your own risk.=20
For each of the broadcasts, KRXQ was fined the $27,500 maximum per incident=
=20
because of the =93egregious=94 nature of the violations and because Entercom=
=20
has been punished for indecency violations in the past.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA472569.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
See FCC press release at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253161A1.doc
FCC SHOULD CLARIFY AFFILIATE RIGHTS, PROTECT SPECTRUM LICENCES, MARTIN SAYS
In the wake of the Married By America fine, the FCC should act on the=20
three-year old Network Affiliated Stations Alliance petition to clarify the=
=20
rights of network affiliates, said Commissioner Kevin Martin. Many stations=
=20
do not get time to preview programming before it is aired and may end up=20
being fined for airing indecent programs they have never seen. Commissioner=
=20
Martin also said last week that the FCC should tread with care as it pushes=
=20
for greater use of unlicensed devices in areas of the spectrum
already occupied by licensed users. "Licensed users have legitimate=20
expectations of protection against interference. According to that we need=
=20
to be cautious about mandating interference temperature concepts in their=20
bands and careful in our decision-making.=94
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins, Howard=
Buskirk]
(Not available online)
PUB RADIO EYES DOZENS OF CHANNELS IN FCC AUCTION NOV 3
Noncommercial stations are bidding for radio frequencies in a FCC auction=20
that starts next month. They will be up against both religious and=20
commercial broadcasters for the 290 non-reserved FM frequencies in 37=20
states. Most of the licenses are in small towns and the pubcasters are=20
hoping to bring service where none or few are delivered now. Noncommercial=
=20
stations have never participated in an auction like this before. The FCC=20
let them participate under controversial rules issued in April 2003 after=20
three years of deliberation.
[SOURCE: Current, AUTHOR: Mike Janssen]
http://www.current.org
TELECOM QUICKLY
FCC VETERANS DIFFER ON AGENCY REFORM
Progress and Freedom Foundation Senior Fellow Randolph May suggested that=20
the FCC should be reduced and be made part of the executive branch. But=20
other former FCC leaders said such a move would be dangerous. As is, the=20
FCC is "wholly accountable to Congress," said former Commissioner Susan=20
Ness. Five years ago, then-FCC Chairman Bill Kennard suggested the agency=20
focus on functions rather than "stovepipes." Regardless of the structure of=
=20
the agency, there was a consistent call for less regulation in the face of=
=20
increasing competition. One person went as far to suggest elimination of=20
the FCC. Ness countered that =93if you abolish the FCC, guess what you've=20
got? Fifty state commissions=94 looking to regulate communications without=
=20
federal preemption.
[SOURCE: Communications Daily, AUTHOR: Patrick Ross]
(Not available online)
RURAL INTERNET FUNDS GO TO TEXAS COMMUTER TOWNS
In 2000, Congress created a Department of Agriculture loan program to help=
=20
rural areas, including communities of less than 20,000 people, to gain=20
Internet access. But apparently a $22.7 million loan was made to ETS=20
Telephone & Subsidiaries, a Houston firm that advertises itself as=20
providing telecommunications for "quality master-planned communities"=20
including communities in Rep Tom DeLay's district. Some of the seven=20
communities affected by the loan have golf courses and houses selling for=20
$125,000 to $1 million, according to the Fort Worth Star-Telegram=20
newspaper. Rep Nancy Pelosi (D-CA) said the loan was "one more example of=20
the Bush Administration's willingness to rain down gifts on the wealthy=20
while leaving hard-working rural Americans high and dry." The ETS project=20
qualified, a USDA official said, because it was in a traditionally=20
agricultural area and met the population limits.
[SOURCE: Reuters, AUTHOR: Charles Abbott]
http://www.reuters.com/newsArticle.jhtml?type=3DtopNews&storyID=3D6506640
INTERMODAL COMPETITION: ARE WE THERE YET?
[Commentary] Do the owners of broadband networks -- telecos, cable=20
operators and, soon, power companies -- compete against eachother enough to=
=20
get the government out of telephony regulation? If it did, the remaining=20
small competitors would soon die off. If they do, it will be interesting to=
=20
see how policymakers frame the competition question. Yes, there are several=
=20
ways to get broadband, and more appear to be on the horizon. And if you=20
have broadband, you have the infrastructure necessary to use one of many=20
voice-over-IP services. So there's obviously plenty of voice competition,=20
right? Projecting competition is not something policymakers normally do;=20
instead, they usually like to see full-fledged competition before=20
deregulating. Intermodal alternatives are in their infancy. The only real=20
mature voice alternative is mobile voice, and consumer groups already are=20
angered by the fact that RBOCs will own at least 70% of that market after=20
the Cingular-AT&T Wireless merger is approved. Jackson concludes: Will=20
policymakers be willing to accept the promise of intermodal competition and=
=20
deregulate the Baby Bells? Normally, I'd doubt it. But, with the promise of=
=20
ten of billions in economy-driving investment riding on the decision, I=20
wouldn't bet against it -- especially if they can figure a way to do it=20
without hurting the budgets of state and local governments that depend on=20
telecom taxes.
[SOURCE: Telephony's Regulatory Insider, AUTHOR: Donny Jackson=20
djackson( at )primediabusiness.com]
RADIO OPERATORS OK RULES ON NET OVER POWER LINES
The American Radio Relay League (ARRL), which has been the loudest critic=20
against broadband over power lines (BPL) on Friday said recent decisions on=
=20
the technology by the FCC were a step in the right direction. Ham radio=20
operators have complained that BPL services disrupt their own signals as=20
well as those of public safety organizations. "We'll remain concerned about=
=20
pollution interference," said ARRL spokesman Alan Pitts. "But the glass is=
=20
both half-full and half-empty." In trying to address this issue, the FCC on=
=20
Thursday outlined rules to prevent power-line access from disrupting=20
important signals. These rules include barring BPL from certain frequencies=
=20
commonly used by airplanes and excluding services from zones near Coast=20
Guard and radio astronomy stations. BPL providers must provide a public=20
database of complaints from organizations whose signals were corrupted.
[SOURCE: C-Net|News.com, AUTHOR: Jim Hu]
http://news.com.com/Radio+operators+OK+rules+on+Net+over+power+lines/210...
34_3-5412115.html?tag=3Dnefd.hed
WIRELESS BROADBAND MODEL COMMUNITIES IN RURAL AMERICA
On Friday, the FCC's Wireless Telecommunications Bureau (WTB) launched the=
=20
Rural Wireless Community VISION Program to advance the deployment of=20
broadband wireless telecommunications across rural America. The VISION=20
Program will harness synergies between WTB and the Department of=20
Agriculture's Rural Utilities Service (RUS) to develop model rural=20
communities using the two agencies' experts in engineering, technical,=20
project finance, and other practical aspects of launching wireless=20
broadband services. Rural communities will be selected as participants in=20
the VISION Program based on an essay describing their community's vision=20
for wireless connectivity and services and how the community will benefit=20
from the implementation of this vision. WTB staff working in cooperation=20
with RUS financial loan-grant officers and regional field representatives=20
will work on-site with community and business leaders to assist the=20
deployment of wireless broadband in the community. Applications for the=20
assistance available through the VISION program for the first quarter of=20
2005 are due on December 1, 2004. More information on the Rural Wireless=20
Community VISION Program, including program information, essay guidelines,=
=20
and applications are available on-line at=20
http://wireless.fcc.gov/outreach/ruralvision/index.html. The program is=20
open to any rural community in the United States and its territories.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-253198A1.doc
ELIGIBLE SERVICES LIST FOR SCHOOLS AND LIBRARIES UNIVERSAL SERVICE MECHANISM
To promote greater transparency of what is eligible for support under the=20
schools and libraries support mechanism, the FCC adopted a rule that=20
formalizes the process for updating the eligible services list, beginning=20
with Funding Year 2005. The list is available at the URL below.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-244A1.doc
NTIA SUPPORTS FCC'S BROADBAND ACTIONS
Statement by Assistant Secretary Michael D. Gallagher: The President's goal=
=20
of universal, affordable access to broadband for all Americans by 2007=20
moved three giant steps closer today when the FCC voted to allow a third=20
broadband wire into American homes, acted to clear 45 MHz of spectrum for=20
commercial uses, and also clarified the obligations of existing fiber=20
carriers. The Commission's actions today open the door to new market=20
entrants competing with innovative new technologies, and at the same time=20
provide regulatory clarity to existing competitors.
[SOURCE: National Telecommunications and Information Administration]
http://www.ntia.doc.gov/ntiahome/press/2004/broadband_10142004.html
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------