Benton's Communications-related Headlines for 11/18/04

The Senate Commerce Committee holds a hearing this morning on the=20
nominations of Jonathan Adelstein (Federal Communications Commission),=20
Ernest Wilson, Claudia Puig, and Gay Gains (Corporation for Public=20
Broadcasting). For this and other upcoming media policy events, see=20
http://www.benton.org/calendar.htm

MEDIA
Scientific American Hails Rereg Fight
Dean Criticizes News Media
Powell 'Disappointed' in Disney
Broadcasters=92 Actions May Be an Attempt to Attack FCC Rules
Farmers Plant Doubts About DTV Plan
Gimme That Old-Time Channel Lineup
Infomercial Group Self-Regulates
Radio Chain to Cut Ties to Promoters Paid by Labels

INTERNET
Extension of Ban On Internet Taxes Nears Approval
Now You See 'Em, Now You Don't: More Telecom Regulations Fall at the FCC
eLearning in Nonprofits and Associations

QUICKLY
Cellphone Carriers Hold Line on Fees
Exit Poll Data Will be Delayed
Hoffman Leaving FTC

MEDIA

SCIENTIFIC AMERICAN HAILS REREG FIGHT
Scientific American has decided that the fight against media consolidation=
=20
was one of the 50 "outstanding acts of leadership in science and=20
technology" of the past year and the magazine has named Media Access=20
Project President Andrew Schwartzman one of the "Scientific American 50"=20
for 2004. =93As media giants extend their empires,=94 they wrote, =93local=
news=20
and a diversity of viewpoints can be lost or extinguished, depriving the=20
public of important information and dialogue.=94
Schwartzman expressed surprise to be included in a group largely composed=20
of experimental scientists, but said he was gratified that the magazine=20
recognized that media consolidation is an issue of such great magnitude. He=
=20
stressed that he realized that his selection was symbolic, saying "I was=20
just one of a team of attorneys who have worked on the media consolidation=
=20
issue for years. My colleagues Cheryl Leanza and Harold Feld and our=20
support staff were tireless in taking on the challenge of media ownership.=
=20
And Media Access Project was just a small part of a large coalition of=20
civil rights, civil liberties, consumer, artistic, labor and other citizens=
=20
groups which worked to achieve these victories."
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA481199.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
http://www.mediaaccess.org/SciAm.pdf
http://www.sciam.com/sa50/2004/policy_2.html

DEAN CRITICIZES NEWS MEDIA
"The media is a failing institution in this country," said former Vermont=20
Governor Howard Dean on Tuesday. "They are not maintaining their=20
responsibility to maintain democracy." Speaking at a Yale University=20
symposium, titled "The Media and the Election: A Postmortem," Gov Dean=20
stressed corporate ownership of the media and the increased focus on=20
entertainment as problems with today's media. He emphasized the importance=
=20
of diversity and regulation in fixing these problems. The television=20
networks, especially Fox News, are most to blame for the increased focus in=
=20
journalism on flash and entertainment, Dean said. But speakers at the same=
=20
symposium disagreed. Evan Thomas, an assistant managing editor for=20
Newsweek, said entertainment in the media is a necessary tool to attract=20
the public.
[SOURCE: Yale Daily News, AUTHOR: Yotam Barkai]
http://www.yaledailynews.com/article.asp?AID=3D27403

POWELL 'DISAPPOINTED IN DISNEY
Tsk, tsk, tsk, you global conglomerate's just don't know how to behave. FCC=
=20
Chairman Michael Powell told CNBC's Alan Murray Wednesday that he found=20
ABC's racy Monday Night Football introduction "very disappointing," adding,=
=20
"I wonder if Walt Disney would be proud." Chairman Powell suggested that=20
ABC had boiled up some of its own hot water on the indecency front. "It=20
would seem to me that while we get a lot of broadcasting companies=20
complaining about indecency enforcement, they seem to continuing to be=20
willing to keep the issue at the forefront, keep it hot and steamy, in=20
order to get financial gain from the free advertising it provides. I think=
=20
companies have to make that decision for themselves." Meanwhile, the=20
Parents Television Council, the organization that led the charge against=20
Janet Jackson's breast, announced that it will not file a complaint against=
=20
ABC, saying the intro =93grossly irresponsible,=94 but it doesn't think it=
was=20
indecent.
Also, in the same interview, Chairman Powell said once again that he has no=
=20
plans to leave the Commission anytime soon since he is still having fun and=
=20
there's "still things that are really significantly important for me to=20
complete."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481093.html?display=3DBreakin...
ws&referral=3DSUPP
http://www.broadcastingcable.com/article/CA481205.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
http://www.multichannel.com/article/CA481077.html?display=3DBreaking+News
FCC to Examine ABC TV Spot
"It will be something we =85 will have to look at; but that's far from=
saying=20
what the result will be," FCC Chairman Michael Powell said.
[SOURCE: Los Angeles Times, AUTHOR: Jube Shiver Jr.]
http://www.latimes.com/business/printedition/la-fi-fcc18nov18,1,1890490....
y?coll=3Dla-headlines-pe-business
(requires registration)

BROADCASTERS' ACTIONS MAY BE AN ATTEMPT TO ATTACK FCC RULES
Why did so many ABC stations decide not to air "Saving Private Ryan" last=20
week? FCC Chairman Powell thinks it may be a subtle attempt to portray FCC=
=20
indecency rules in a negative light. The movie aired twice before on the=20
network and the FCC ruled it was not indecent. But Chairman Powell said not=
=20
only do stations legally have the authority to preempt programming, =93they=
=20
contractually have that authority and they actually have public interest=20
obligations to exercise authority under the way the legal
regime for local broadcasters works.=94 Over the years, stations haven't=20
exercised that option often, but the option has always been there, he said.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

FARMERS PLANT DOUBTS ABOUT DTV PLAN
Will DTV play in Peoria? In a meeting with Commissioner Jonathan Adelstein,=
=20
the American Corn Growers Association and the Soybean Producers of America,=
=20
joined by some unions and others, argued that the impact of a hard date for=
=20
cut-off of analog television service will adversely impact rural=20
communities with less access to cable. The groups also argue that the=20
switch to digital must include a multicast must-carry requirement to insure=
=20
that farmers get access to crucial weather information services. For=20
farmers, a weather news is far more than a guide to the day's attire or=20
recreational plans. It is a key piece of business information that affects=
=20
their livelihoods. The topic of farm broadcasting in the digital age is=20
likely to be a hot one at this week's National Association of Farm=20
Broadcasters Convention in Kansas City.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481089.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)

GIMME THAT OLD-TIME CHANNEL LINEUP
Count religious broadcasters in the cast of thousands opposing a la carte=20
cable pricing. Ministers pointed out in comments filed with the FCC that=20
the General Accounting Office has already weighed in saying a la carte=20
cable could put some smaller nets, including minority targeted and=20
religious, out of business. The FCC is scheduled to report to Congress=20
Thursday on whether it thinks a la carte is a good idea.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481003.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
http://www.multichannel.com/article/CA481169.html?display=3DBreaking+News

INFOMERCIAL GROUP SELF-REGULATES
The Electronic Retailing Self-Regulation Program (ESRP), launched this year=
=20
after the Federal Trade Commission began cracking down on bogus weight-loss=
=20
claims in ads and infomercials, said it has persuaded the marketers of=20
Slim-In-6 and 6-Day-Express Body weight-loss programs to modify their TV=20
infomercials.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481012.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)

RADIO CHAIN TO CUT TIES TO PROMOTERS PAID BY LABELS
Viacom's Infinity Broadcasting, one of the nation's largest radio chains,=20
said yesterday that it planned to sever its relationships with independent=
=20
record promoters, distancing itself from a practice that critics have=20
likened to bribes. The record companies have paid middlemen for decades,=20
though the practice has long been derided as a way to skirt a federal=20
statute that outlaws bribes to radio broadcasters. The law prohibits=20
broadcasters from taking cash or anything of value in exchange for playing=
=20
a specific song, unless they disclose the payment to listeners. But in a=20
practice that is common in the record business, independent promoters pay=20
radio stations annual fees often exceeding $100,000, not, they say, to play=
=20
specific songs but to obtain advance copies of the stations' playlists. The=
=20
promoters then bill record labels for each new song that is added; the=20
practice costs the record industry tens of millions of dollars a year.=20
Record executives said yesterday that even if the termination of deals at=20
some companies means promoters can no longer bill the record labels when a=
=20
song is placed on those companies' playlists, promoters may instead ask the=
=20
labels for retainer fees to lobby specific radio programmers.
[SOURCE: New York Times, AUTHOR: Jeff Leeds]
http://www.nytimes.com/2004/11/18/business/media/18infinity.html
(requires registration)

INTERNET

EXTENSION OF BAN ON INTERNET TAXES NEARS APPROVAL
Although the legislation has been stalled for months, a four-year extension=
=20
of a ban on taxing Internet access services is expected to clear Congress=20
and make its way to the White House by the end of the week. The legislation=
=20
would restrict the ability of state and local governments to assess taxes=20
on Internet-access services, including high-speed wireless and broadband=20
services. It would not apply to new Internet phone technologies or to sales=
=20
taxes on products and services purchased online. A previous ban, passed in=
=20
1998, expired in November 2003. The expanded provision protecting broadband=
=20
sparked opposition from governors, mayors and other local officials, who=20
feared it would restrict or prevent their assessing existing=20
telecommunications taxes on the Internet. Such taxes bring in about $20=20
billion a year and are used to pay for numerous programs and services.
[SOURCE: Wall Street Journal, AUTHOR: Rob Wells rob.wells( at )dowjones.com &=20
Anne Marie Squeo annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB110072334736977013,00.html?mod=3Dtoda...
s_page_one
(requires subscription)
See also:
http://www.washingtonpost.com/wp-dyn/articles/A58613-2004Nov17.html
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DISUTIWZSKVCQQCRBAE...
Y?type=3DinternetNews&storyID=3D6845669

NOW YOU SEE 'EM, NOW YOU DON'T: MORE TELECOM REGULATIONS FALL AT THE FCC
[Commentary] The Michael Powell deregulatory juggernaut continues to roll=20
along at the Federal Communications Commission, where regulations of=20
telephone service at the state level were the latest victim. On 9=20
November, the FCC relieved digital telephone company Vonage of the need to=
=20
adhere to state-based regulations that normally apply to traditional phone=
=20
companies.
[SOURCE: Center for Digital Democracy]
http://www.democraticmedia.org/news/washingtonwatch/FCCvonage.html

eLEARNING IN NONPROFITS AND ASSOCIATIONS
The 2004 Nonprofit and Association E-learning Survey provides the most=20
complete data to date on mission-based organizations=92 use of e-learning=20
technologies. Overall, the survey shows wide and growing adoption of=20
e-learning among nonprofit organizations and associations. More than 54=20
percent of total respondents either use elearning
or plan to in the next 12 months. Another 36 percent of respondents=20
indicate interest in e-learning, but have no definite plans to implement a=
=20
program. More than 88 percent of respondents indicated they were very or=20
somewhat satisfied with their e-learning programs. Another 10 percent=20
reported that they were somewhat
dissatisfied, while only 2 percent were very dissatisfied with their=20
e-learning programs.
[SOURCE: Isoph]
http://www.isoph.com/pdfs/2004_Nonprofit_E-learning_Survey.pdf

QUICKLY

CELLPHONE CARRIERS HOLD LINE ON FEES
If you're ready to call your Member of Congress over those regulatory fees=
=20
on your cell phone bill, redirect the complaint to your carrier. Verizon=20
Wireless and Sprint PCS said this week that they were cutting the=20
"regulatory cost recovery fees" they pass along to their customers. Those=20
are the fees that telecom providers tack on to their monthly service plans=
=20
that look like government taxes, but are really just additional revenue=20
collected by carriers, which they say goes to recoup the costs of complying=
=20
with government regulations. But carriers aren't hanging up on these=20
monthly fees just yet. Verizon Wireless and Sprint will continue collecting=
=20
the fees at scaled-back rates -- five cents and 40 cents, respectively --=20
and the country's other major wireless carriers all have kept their fees=20
intact. One reason the fees aren't likely to disappear anytime soon: Most=20
cellphone operators except Verizon Wireless, a venture of Vodafone and=20
Verizon, count the regulatory-cost-recovery fees as part of their monthly=20
average customer revenue, which is already in decline at many of the=20
wireless carriers.
[SOURCE: Wall Street Journal]
http://online.wsj.com/article/0,,SB110073723994877437,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

EXIT POLL DATA WILL BE DELAYED
To avoid leaking information about early exit polls and save media=20
companies embarrassment, on future election days, news organizations that=20
pay for surveys of voters leaving polling places won't see results until=20
late afternoon or early evening. [So I'm wondering... will it be easier to=
=20
control the flow of information four years from now?]
[SOURCE: USAToday, AUTHOR: Mark Memmott]
http://www.usatoday.com/printedition/news/20041118/a_exitpoll18.art.htm

HOFFMAN LEAVING FTC
Bruce Hoffman, deputy director of the Federal Trade Commission=92s=20
competition bureau, announced Wednesday that he will be leaving the FTC=20
Nov. 24 to return to private law practice. Mr. Hoffman helped streamline=20
the commission=92s merger review process and was a lead staffer for the=20
agency=92s review of the NBC/Vivendi Universal merger
http://www.broadcastingcable.com/article/CA481090.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
--------------------------------------------------------------
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.
--------------------------------------------------------------