Benton's Communications-related Headlines for 3/02/05

MEDIA & SOCIETY
Time to Retool the FCC for the Public's Interests
Pols Press HHS on VNRs
Stevens Vows Cable-Indecency Crackdown; Ditto Barton
FCC Indecency Guidelines Clear for Some Public TV Stations
Anti-Piracy Case Could Harm Innovation

TELEVISION
Barton Claims Votes for DTV Hard Date
Community Cable Cookbook: A Citizen's Guide to
Cable Franchise Negotiations

ADVERTISING
Media Platforms Vie for Ad Dollars
Mass Market is Not Dead
Rules Govern Oscar Ad Content

QUICKLY -- Churches & Low Power Radio; Radio Considers Digital National=20
Network; Take Two Aspirins and E-Mail Me in the Morning; Lining Up for=20
Congressional Hearings

MEDIA & SOCIETY

TIME TO RETOOL THE FCC FOR THE PUBLIC'S INTERESTS
[Commentary] Millions will be watching closely as a post-Powell FCC once=20
again takes up the hot potato of media-ownership regulation, alongside a=20
bevy of other issues affecting cable, telephone, satellite and wireless=20
Internet, as well as traditional broadcasting technologies. How the FCC=20
will approach these issues over the next year will depend on the makeup of=
=20
the post-Powell commission. And changes are coming; by year's end, the FCC=
=20
could have not one but two, or even three, new commissioners. President=20
Bush is likely to elevate former aide and current FCC Commissioner Kevin=20
Martin to chairman. Commissioner Kathleen Abernathy is rumored to be=20
leaving the FCC soon and Commissioner Michael Copps' five-year term expires=
=20
in May, requiring the president either to reappoint him -- the normal=20
course of action for a sitting commissioner -- or not. No matter how the=20
leadership changes, Lawson offers these recommendations for upholding=20
public-interest standards at the FCC: 1) devoting more resources to=20
considering broadcast-license renewals, holding radio and television=20
stations accountable to public-interest standards in return for their free=
=20
use of the airwaves; 2) defining the public interest obligations of digital=
=20
broadcasters; 3) improving the standing of low power radio stations; and 4)=
=20
returning to the drawing board of media-ownership regulation.
[SOURCE: Seattle Times, AUTHOR: Jonathan Lawson]
http://seattletimes.nwsource.com/html/opinion/2002192882_lawson01.html

POLS PRESS HHS ON VNRs
Is the Department of Health and Human Services still distributing video=20
news releases? Citing a story on Copywatch.org quoting an HHS spokesperson=
=20
as saying the GAO report did not have a =93dramatic=94 effect on the way the=
=20
department used video releases," Members of Congress have written Secretary=
=20
Michael Leavitt. "We would like to know whether HHS is continuing to=20
distribute video news releases," wrote California's Rep. George Miller, the=
=20
senior Democrat on the House Education and the Workforce Committee. Rep=20
Miller has also been one of the Hill point people on the ongoing Armstrong=
=20
Williams pay-for-play investigation. He was joined by fellow Californian,=20
Henry Waxman, the senior minority member on the House Government Reform=20
Committee, and Rep. Rosa DeLauro of Connecticut. If HHS is still using the=
=20
VNR's, the legislators want HHS to cough up by March 15: 1) Copies of all=20
video news releases produced by or distributed by HHS, HHS agencies, or any=
=20
contractors or subcontractors after May 19, 2004 [GAO's ruling on HHS]. 2)=
=20
Information on where and when these video news releases were distributed,=20
and where and when they appeared on broadcast television. 3) Complete=20
information on the contracts under which these video news releases were=20
produced, including copies of all contracts, subcontracts, and deliverables=
=20
under the contracts and subcontracts. 4) Internal correspondence concerning=
=20
these video news releases and their legality with regard to GAO findings.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA507779?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

STEVENS VOWS CABLE-INDECENCY CRACKDOWN; DITTO BARTON
Speaking at the National Association of Broadcasters' annual state=20
leadership conference, Senate Commerce Committee Chairman Ted Stevens tried=
=20
to make some friends by making some enemies. He told the audience that=20
cable TV should be subject to the same indecency restrictions as=20
broadcasters -- and he said he'd favor legislation that would require cable=
=20
operators to carry several program streams from each digital-TV station as=
=20
long as the channels provided =93public-interest=94 programming such as=
news,=20
weather and the =93Boy and Girl Scouts.=94 NAB President Eddie Fritts liked=
the=20
idea of indecency restrictions on cable, and suggested that broadcasters=20
would be willing to do a package deal, perhaps as part of a larger=20
telecommunications bill. With a package, broadcasters might accept higher=20
penalties if new restrictions also applied to cable. The package also would=
=20
include a deadline for TV stations=92 going all-digital and an obligation on=
=20
cable operators to carry the multiple signals that digital technology=20
allows them to offer. Later in the day, House Commerce Committee Chairman=20
Joe Barton (R-TX) said he'd support indecency legislation covering cable,=20
too. Welcome to the NCTA, Mr. McSlarrow.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA507612?display=3DBreaking+New...
ferral=3DSUPP
http://www.multichannel.com/article/CA507623.html?display=3DBreaking+New...
ferral=3DSUPP
http://www.broadcastingcable.com/article/CA507691?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
More coverage --
TVWeek: http://www.tvweek.com/news.cms?newsId=3D7379
WashPost: http://www.washingtonpost.com/wp-dyn/articles/A64548-2005Mar1.html
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-indecency2mar02,1,470...
.story?coll=3Dla-headlines-pe-business
Also see:
* Down with the First Amendment
Judging from the lackluster showing against the Broadcast Decency=20
Enforcement Act, it seems that most Democrats =96 who are supposed to take=
=20
civil liberties more seriously than the Republicans =96 believe that=20
censorship is what America is all about.
http://www.alternet.org/rights/21383/

FCC INDECENCY GUIDELINES CLEAR FOR SOME PUBLIC TV STATIONS
Many of the 15 public TV stations that aired the unedited version of the=20
Frontline program "A Company of Soldiers" on Feb. 22 in prime time said=20
they found the FCC guidelines on indecency clear enough to help them make=20
up their minds. Some station executives said FCC Chairman Powell=92s recent=
=20
pronouncements that context matters helped and that PBS had overreacted in=
=20
bleeping expletives from the program that it suppled stations over its=20
national feed. PBS had provided stations an unedited version if they signed=
=20
a statement accepting the risk of FCC sanctions. A overwhelming majority of=
=20
the 350+ PBS stations chose to air the edited version.
[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]
(Not available online)

ANTI-PIRACY CASE COULD HARM INNOVATION
If "peer to peer" software companies like Grokster and Morpheus are held=20
liable when their users download material without permission, the=20
entertainment industry will effectively dictate to technology companies how=
=20
to design products that handle their material, file-trading software=20
companies and their supporters told the Supreme Court on Tuesday. The=20
Supreme Court is expected to hear oral arguments in the case on March 29,=20
with a ruling due by June.
[SOURCE: Reuters, AUTHOR: Andy Sullivan]
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D7...
63
More coverage --
News.com:=20
http://news.com.com/P2P+companies+ask+high+court+for+help/2100-1025_3-55...
1.html?tag=3Dnefd.lede
USAToday:=20
http://www.usatoday.com/printedition/money/20050302/fileshare02.art.htm
There's much more on this from Public Knowledge at:
http://www.publicknowledge.org/pressroom/grokster-pressconf-2005-03-01
* Beyond Grokster
http://www.publicknowledge.org/news/analysis/critique-menellet-rss-mg

TELEVISION

BARTON CLAIMS VOTES FOR DTV HARD DATE
Speaking to broadcasters conferencing in DC, House Commerce Committee=20
warned the industry that he has the votes needed to pass through the House=
=20
legislation setting a hard date for the end of the transition to=20
digital-only broadcasting. The certainty of a hard date is needed, he said,=
=20
because first responders need some of that analog spectrum, the government=
=20
treasury needs the money from auctions of some more of that spectrum, and=20
so that his local TV dealer will be discouraged from continuing to pitch=20
analog sets. He's preparing a bill would include a provision for getting=20
converter boxes to poorer families, and joked that there would also be a=20
carve-out for the new 30-inch analog set he had bought from a salesman in=20
Texas who assured him that Congress wasn't planning to do anything about=20
DTV. Rep Barton didn't want to leave the audience with heartburn, so he=20
also said he opposes reimposition of the fairness doctrine, saying "nothing=
=20
could be more detrimental to debate," and that it would be more likely to=20
stifle rather than encourage such debate. Obviously fairness and debate=20
have nothing to do with eachother.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA507683?display=3DBreaking+New...
ferral=3DSUPP
http://www.multichannel.com/article/CA507830.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

COMMUNITY CABLE COOKBOOK: A CITIZEN'S GUIDE TO CABLE FRANCHISE NEGOTIATIONS
Designed as an interactive guide for those wishing to learn more about the=
=20
rules that govern cable companies in offering their services in our=20
communities, the cookbook both explains the franchise negotiation process=20
and provides excerpts from successful franchise agreements around the=20
country. For years now, cable companies (in exchange for their use of=20
valuable public rights-of-way) have been required to provide cities with=20
important community resources, such as public-, educational-, and=20
government-access channels, high-speed voice/video/data networks, and=20
funding for noncommercial, public interest programming. But now that cable=
=20
has entered the digital age, with a host of new products (including=20
high-speed Internet access, video on demand, and telephone service), the=20
stakes for cable franchise negotiations are even higher. The Community=20
Cable Cookbook will aid individuals and organizations in working with their=
=20
elected officials to arrive at a successful cable franchise agreement--one=
=20
that provides a crucial "public interest dividend" for communities seeking=
=20
to reap some of the benefits of the broadband revolution.
[SOURCE: Center for Digital Democracy]
http://www.democraticmedia.org/ddc/CCCIntro.php

ADVERTISING

MEDIA PLATFORMS VIE FOR AD DOLLARS
The annual American Association of Advertising Agencies Media Conference=20
gets under way today in New Orleans, bringing together more than 1,200=20
executives who buy and sell ad time and space on TV, on radio, in=20
newspapers and in emerging media platforms such as cellphones and=20
videogames. Ad spending on all TV -- broadcast, cable, local and more --=20
will increase 5.6% in 2005, compared with 9% in 2004, which featured the=20
Olympics and the presidential race. Among his reasons for the lower figure=
=20
are consolidation among big-spending marketers such as cellphone companies=
=20
and retailers. Media buyers' fundamental concern is this: Even as audiences=
=20
continue to erode, networks keep raising ad prices, sometimes to above what=
=20
buyers think the market should bear. With a bevy of new-technology options=
=20
starting to beckon, speculation has begun that TV has reached a turning=20
point, media buyers say.
[SOURCE: Wall Street Journal, AUTHOR: Brian Steinberg=20
brian.steinberg( at )wsj.com ]
http://online.wsj.com/article/0,,SB110972117098867659,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)
* Want to see some numbers? Try the AdAge Factpack:
http://adage.com/news.cms?newsId=3D44274

THE MASS MARKET IS NOT DEAD; WEAK CREATIVE IS THE PROBLEM
[Commentary] Maybe the oft-heard statement that the mass market is dead,=20
that consumers can't be reached via the 30-second spot, that all this talk=
=20
of needing to reach consumers in radically different ways is a gigantic=20
rationale for the real truth -- that traditional advertising isn't creative=
=20
enough to move the merchandise.
[SOURCE: AdAge, AUTHOR: Rance Crain]
http://adage.com/news.cms?newsId=3D44407

HOW STRICT RULES GOVERNED OSCARS AD CONTENT
Walt Disney Co.'s ABC network and the Academy of Motion Picture Arts &=20
Sciences retained tight control over the content of the Oscars Sunday night=
=20
-- but also over the ads running in between the award presentations.
[SOURCE: AdAge, AUTHOR: Claire Atkinson]
http://adage.com/news.cms?newsId=3D44418

QUICKLY

CHURCHES BIG WINNERS IN GRAB FOR MICRO RADIO
Church groups make up roughly half the 344 applicants licensed by the=20
Federal Communications Commission for low power radio stations. You got a=20
problem with that?
[SOURCE: San Francisco Chronicle, AUTHOR: Joe Garofoli]
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/c/a/2005/02/28/MNGDJBI...
.DTL

US RADIO OPERATORS MULL DIGITAL NATIONAL NETWORK
Several leading U.S. radio operators are considering forming a cooperative=
=20
national network tapping new bandwidth freed by emerging digital technology=
=20
that would compete with increasingly popular satellite radio offerings,=20
according to industry executives. Such cooperative programing would enable=
=20
broadcasters, who are moving to convert stations to high-definition digital=
=20
radio, to offer diverse formats not currently available on traditional AM=20
and FM stations at lower prices than satellite radio, industry experts said.
[SOURCE: Reuters, AUTHOR: Sue Zeidler]
http://www.reuters.com/newsArticle.jhtml?type=3DtopNews&storyID=3D7767786

DIGITAL RX: TAKE TWO ASPIRINS AND E-MAIL ME IN THE MORNING
In a move to improve efficiency and control costs, health plans and medical=
=20
groups around the country are now beginning to pay doctors to reply by=20
e-mail, just as they pay for office visits. While some computer-literate=20
doctors have been using e-mail to communicate informally with patients for=
=20
years, most have never been paid for that service.
[SOURCE: New York Times, AUTHOR: Milt Freudenhiem]
(http://www.nytimes.com/)
(requires registration)

THE LINE STARTS HERE
Those very same C-SPAN televised Congressional hearings you use to help you=
=20
fall asleep on over-caffeinated nights are a hot ticket in DC. How does the=
=20
well-pressed lobbyist get it without, heaven forbid, waiting in line? Hire=
=20
a line-stander.
[SOURCE: Washington Post, AUTHOR: Libby Copeland]
http://www.washingtonpost.com/wp-dyn/articles/A64231-2005Mar1.html
(requires registration)
--------------------------------------------------------------
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.
--------------------------------------------------------------