Benton's Communications-related Headlines for 2/10/05

Today's FCC meeting will be available on the Internet
(http://www.fcc.gov/realaudio/) this morning starting at 9:30 (eastern).

TODAY'S FCC AGENDA
Move to Digital Pits TV Stations Against Cable
NCTA Sends Second Belo Letter
Sinclair Will Appeal If FCC Denies Its Purchase Plan
FCC Asks for Some Private Time
FCC Denies Early DTV Switch
FCC Cites Noncom for Ad Violation
Federal-State Joint Conference on Advanced Telecommunications Services

AT CONGRESS
Smut Bill Passes Commerce 46-2
Barton Talks Preemption While Stevens Sees Role for States
Telecom Execs go to Washington
Getting Real About the Grokster Case
Bill Would Reform Campaign Reform
Bush Budget Cuts Noncoms' DTV Funds

QUICKLY -- Verizon Bid for MCI; Wikinews; You There, at the Computer: Pay
Attention; Martin Advisor Joins Fox

TODAY'S FCC AGENDA

MOVE TO DIGITAL PITS TV STATIONS AGAINST CABLE
Television stations plan to split their digital TV signal into as many as
six different channels and could offer such new programming as a 24-hour
news-and-weather report, religious shows, home shopping channels or other
niche-market fare. But federal regulators are expected to rule today that
cable-TV systems don't have to carry all of these new channels. The
majority of the nation's households get their TV service from cable -- not
via over-the-air signals -- so many viewers will have to use antennas to
receive these new broadcast-channel shows unless cable systems decide
voluntarily to carry them. "Broadcasters have done nothing to show that
they are entitled" to having the government mandate their new signals be
carried on cable systems, said Chellie Pingree, president of Common Cause,
a nonprofit advocacy group. She added that any such move "would constitute
a huge gift from the federal government" and pointed out that "broadcasters
are challenging children's programming rules for digital TV that the FCC
approved a few months ago." The cable industry has steadfastly fought
broadcasters' demands to put the new channels on local cable lineups. It
argues that it should make this programming available to subscribers only
if it thinks it is valuable or interesting -- not because it is forced to
do so by a government edict. The regulators' decision could be overturned
by Congress, but lawmakers appear ready to demand that broadcasters commit
to a hard date to complete the transition to digital-only broadcasting.
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo
annemarie.squeo( at )wsj.com & Joe Flint joe.flint( at )wsj.com]
http://online.wsj.com/article/0,,SB110798908733550550,00.html?mod=todays...
(requires subscription)
See also:
FCC Poised to Kill Multicast Must-Carry
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA502739.html?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

NCTA SENDS SECOND LETTER TO BELO
The National Cable & Telecommunications Association is sending a second
letter to a second Belo Corp.-owned newspaper complaining that an editorial
supporting digital-TV multicasting must-carry for TV stations did not
disclose station-owner Belo's financial interest in the outcome. The letter
to the Providence Journal says, in part: "The February 9 Providence Journal
editorial ("Heartbeat of Democracy") purports to address important digital
TV issues being considered by the FCC, but it unfortunately masks a
corporate pattern of non disclosure of financial interests by Belo
Corporation."
[SOURCE: Broadcasting&Cable, AUTHOR: ]
http://www.broadcastingcable.com/article/CA502734?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

SINCLAIR WILL APPEAL IF FCC DENIES ITS PURCHASE PLAN
Sinclair Broadcasting said it plans to appeal the FCC's expected denial of
its application to take over the licenses of five stations currently owned
by Cunningham Broadcasting. Under the 1999 duopoly rule, Sinclair's
purchases would create illegal duopolies because it would own more than one
station in a market with fewer than 8 independently owned stations.
"Sinclair is trying to pick a fight so they can create a conflict between
the DC and 3rd Circuit," said Media Access Project President Andrew
Schwartzman. He said it was "fantasy" to hope the DC circuit will hear the
case, because the rule is in limbo.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)
A FCC decision on Sinclair was on the agenda for a Commission meeting
today, but has been deleted:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256676A1.doc

FCC ASKS FOR PRIVATE TIME
Outgoing FCC Chairman Michael Powell and fellow Commissioner Michael Copps
are asking Congress amend the open meeting provisions of the Sunshine Act
to allow private communication among more than two Commissioners at once.
They say relying on written communications and one-on-one meetings "do not
foster frank, open discussion, and they are less efficient than in-person
interchange among three or more commissioners would be." They say FCC
decisions would be better informed and explained if the Commissioners were
allowed to meet in private as well as public, with appropriate safeguards.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA502694?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
See text of letter at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-256655A1.pdf

FCC DENIES EARLY DTV SWITCH
Spanish-language TV station KJLA in Los Angeles asked the FCC if it could
shut down its analog signals and become a digital-only TV broadcaster --
mostly to save money on its electric bill. But the FCC has refused the
request saying there are no public benefits that would result from an early
turn off of the analog signal. FCC Media Bureau Chief Ken Ferree said
KJLA's case differed greatly from three other instances where stations were
permitted to return analog channels early. In those cases, stations were
able to demonstrate little loss of over-the-air service and a urgent need
to stem larger operating losses.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA502753?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

FCC CITES NONCOM FOR AD VIOLATION
The FCC is fining KMPT-TV San Francisco $7,500 for three underwriter
credits the Commission found violate its policies against advertising on
noncommercial stations.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA502651?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
See FCC decision at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-348A1.doc

FEDERAL-STATE JOINT CONFERENCE ON ADVANCED TELECOMMUNICATIONS SERVICES
Cue music. And now, you're Federal-State Joint Conference on Advanced
Telecommunications Services... from the College of William and Mary,
Michael Powell; from Marquette University, Kathleen Q. Abernathy; and from
North Carolina, Kevin Martin. OK, OK, there's only so much fake humor you
can take, I know. Here's the rest of the Conference WHICH is responsible
for monitoring and collecting data regarding the practices of carriers as
they deploy advanced services throughout the nation: FCC Commissioners
Copps and Adelstein, CA PUC Commissioner Susan P. Kennedy, Chairman Thomas
L. Welch of the Maine PUC, Larry S. Landis -- Indiana Utility Regulatory
Commission, Paul G. Afonso, Chair of the Department of Telecommunications
and Energy, Commonwealth of Massachusetts, Connie O. Hughes, Commissioner
on the New Jersey Board of Public Utilities, Jo Anne Sanford, Chair of the
North Carolina Utilities Commission, and Deborah T. Tate, Director of the
Tennessee Regulatory Authority.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-25A1.doc

AT CONGRESS

SMUT BILL PASSES COMMERCE 46-2
The House Commerce Committee Wednesday voted 46-2 to pass a bill (H.R. 310)
to toughen indecency enforcement. The bill ups maximum fines from $32,500
to $500,000 for stations and from $11,000 to $500,000 for performers,
increases the speed and oversight of the FCC indecency enforcement process,
brings stations' licenses into play for violations, and encourages
broadcasters to reinstate a family hour and voluntary code of conduct. The
two no votes were Reps Janice Schakowsky (D-IL) and Henry Waxman (D-CA).
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA502704?display=Breaking+News&...
http://www.multichannel.com/article/CA502733.html?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
Also see --
NYTimes:
http://www.nytimes.com/2005/02/10/business/media/10indecency.html?pagewa...
Money Talks, the First Amendment Walks
http://creativevoices.typepad.com/blog/

BARTON TALKS PREEMPTION WHILE STEVENS SEES ROLE FOR STATES
You say tomatoes and I say tomatoes... the House Commerce Committee
Chairman and the Senate Commerce Committee Chairman are both talkin'
telecom reform, but its like comparing apples and, um, tomatoes. Rep Joe
Barton (R-TX) is suggesting that federal preemption of states and
localities is needed when Congress looks to rewrite telecom law this
session. But Sen Ted Stevens (R-Alaska) says local governments should stay
involved at least in consumer protection and service quality. Both seem to
agree on a need for "deregulatory parity" for broadband providers. On
Wednesday, Sen Stevens laid out how the Senate will address telecom issues this
session. He said the "listening sessions" the Committee plans would be off
the record and would shape the Committee's direction. "We don't want to
touch the '96 act until we know what we're doing," he told the
Congressional Internet Caucus State of the Net conference. Unlike hearings
-- which are too formal and don't have enough give & take between
lawmakers, industry and activists -- the listening sessions will be a way
for lawmakers to "dig in and understand" the issues more completely, he
said. The questions for the sessions are: 1) What can we do to remove
barriers of entry? 2) How can we keep VoIP free of regulation? 3) Should
states be allowed to tax Internet phone service? 4) Is antispam legislation
working? 5) How should Internet Protocol video services be regulated?
Additionally, at the Congressional Internet Caucus event, Sen. Burns
(R-Mont.) unveiled his "e-Eleven" agenda, which included: (1) The Spyblock
Act, to be co-sponsored by Sen. Wyden (D-Ore.), to combat spyware. (2)
Secure funding for the E-911 Act that passed Congress last year. (3) Better
enforcement of the CAN-SPAM Act. (4) Universal service fund reform. (5)
Ensuring that Nielsen Local People Meters count audiences correctly. (6)
ICANN reform.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
See also --
Chairman Stevens Delivers Keynote Address to the Internet Caucus
[SOURCE: US Senate]
http://www.commerce.senate.gov/newsroom/printable.cfm?id=231775

TELECOM EXECS GO TO WASHINGTON
Executives from Alcatel, Lucent Technologies, Motorola, Qualcomm and
Siemens went to Washington on Wednesday to urge members of Congress to keep
communications over the Internet free of regulation. The executives all
agreed that telecommunications reform needs to be made, and they urged
Congress to act swiftly. One of the biggest concerns regarding the
regulation of IP services is what should happen to the Universal Services
Fund. This is a fee added to consumers' phone bills in order to help pay
for service in rural regions of the country and also to help fund discounts
on Internet service and equipment for schools and libraries. Executives
reasoned that technology advancements would actually reduce the need for
high fees to fund the USF. The hearing came amid a wave of consolidation in
the telecommunications industry that is changing how traditional phone
companies operate and build their networks.
[SOURCE: C-Net|News.com, AUTHOR: Marguerite Reardon]
http://news.com.com/Telecom+execs+go+to+Washington/2100-7352_3-5570111.h...

GETTING REAL ABOUT THE GROKSTER CASE
[Commentary] Over the next few months, the Supreme Court and -- likely --
Congress will resume debate about what kind of legal liability -- if any --
technology manufacturers, financiers, Internet service providers,
journalists and others should have if their actions "induce" another to
commit copyright infringement. Congressional action this year will largely
be shaped by what the Supreme Court does in the pending case involving
Grokster, the peer-to-peer software used by millions. While the case may
appear to be simply about illegal file trading, its implications are far
deeper. This case will, in part, decide whether the court's 1984 Sony
decision will survive. That case found that the sale of copying
technologies, like the VCR, is legal as long as there are "substantial
noninfringing uses" for it. That decision led not only to an explosion of
new consumer electronics products, but it also helped usher in the computer
revolution, opening up a whole new vista of choices for consumers. Public
Knowledge believes that online content stores that are easy to use,
reasonably priced, permit flexible uses and have large catalogs will win
consumers' hearts and pocketbooks, and prove once again that technological
development is better left to the marketplace.
[SOURCE: C-Net|News.com, AUTHOR: Gigi Sohn, Public Knowledge]
http://news.com.com/Getting+real+about+the+Grokster+case/2010-1028_3-556...

BILL WOULD REFORM CAMPAIGN REFORM
If there's legislation that both the both the American Civil Liberties
Union and the National Rifle Association can support, it must be, well,
worth you attention, at the least. Rep. Roscoe Bartlett (R-MD) opposes all
of the campaign finance reforms passed in 2002, but he's starting his
efforts to reverse the law by introducing a bill that will again allow
unions and companies to sponsor broadcast ads that mention federal
candidates within a month of a primary election and within two months of a
general election.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA502745?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

BUSH BUDGET CUTS NONCOMS' DTV FUNDS
Public Television would lose more than $92 million in funding under the
2006 federal budget President Bush submitted to Congress Monday. Eliminated
from public TV would be $10 million already appropriated for the
Corporation for Public Broadcasting in 2006. Also eliminated would be $82
million CPB was to make available to local stations for the building
digital infrastructure. John Lawson, president of the Association of Public
Television Stations, said the cuts could hinder stations' ability to switch
to DTV quickly. "Cuts this deep would substantially undermine the progress
we've made," he said. The budget also recommends eliminating Agriculture
and Commerce Departments' programs that provide additional money for public
TV's digital infrastructure.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA502752?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

QUICKLY

VERIZON FLOATS INFORMAL BID FOR MCI
Talks between Verizon Communications and MCI are accelerating as Verizon
has floated an informal acquisition offer in cash and stock for the
long-distance company. The informal offer is priced near Qwest
Communications's tentative offer of $6.3 billion for MCI. MCI could give
Verizon its own global network for sending phone calls and data, and a
roster of business customers. Since Sprint Corp. agreed to a $35 billion
deal to buy Nextel Communications in December, MCI now stands as the last
major long-distance company still up for sale.
[SOURCE: Wall Street Journal, AUTHOR: Almar Latour almar.latour( at )wsj.com &
Dennis K. Berman dennis.berman( at )wsj.com]
http://online.wsj.com/article/0,,SB110799591241250757,00.html?mod=todays...
(requires subscription)

THE UNASSOCIATED PRESS
Wikinews (www.wikinews.org) is an experiment in collaborative news
gathering and reporting, and the latest in a collection of Wikis under the
umbrella of Wikimedia, which cultivates free and open information resources
written by its users. The largest Wiki project, Wikipedia, has been online
for four years and contains more than 450,000 articles, all written and
open to revision by its more than 150,000 users. By comparison, Wikinews is
a newborn, having opened its doors to interested news writers and reporters
in December. Central to Wikinews is its commitment to neutrality, said
Jimmy Wales, a founder of Wikipedia and president of the nonprofit
Wikimedia Foundation. In a community that largely sets its own standards,
Mr. Wales's policy of a neutral point of view may be the single most
important driving principle.
[SOURCE: New York Times, AUTHOR: Aaron Weiss]
http://tech.nytimes.com/2005/02/10/technology/circuits/10wiki.html
(requires registration)

YOU THERE, AT THE COMPUTER: PAY ATTENTION
A growing number of computer scientists and psychologists are studying the
problem of diminished attention. And some are beginning to work on
solutions. But in the era of e-mail, instant messaging, Googling,
e-commerce and iTunes, potential distractions while seated at a computer
are not only ever-present but very enticing. Distracting oneself used to
consist of sharpening a half-dozen pencils or lighting a nicotine delivery
device. Today, there is a universe of diversions to buy, hear, watch and
forward, which makes focusing on a task all the more challenging.
[SOURCE: New York Times, AUTHOR: Katie Hafner]
http://tech.nytimes.com/2005/02/10/technology/circuits/10info.html
(requires registration)

MARTIN ADVISOR JOINS FOX
Elizabeth Biley Andrion, former media advisor for FCC Commissioner Kevin
Martin, will become Vice President of Legal Affairs for Fox TV Stations.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA502720?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
--------------------------------------------------------------
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.
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