MEDIA & SOCIETY
It=92s Time to Reconnect the Press and the Public
Cut Buster Loose
BBC Gets New Lease on Life, but Government Calls for Overhaul
The Best Television Filter
Localities Weighing Broadband Face Stronger Opposition in States
TELEVISION
Report to Congress on Over-the-Air Viewers
=91Big Four=92 Nets Abusing Power, Cable Operators Say
ACA: Give Small Ops DBS=92 Local Signals
NAB Might Skip Multicast Court Battle
Cable Wants Overhaul of Retrans Rules
OWNERSHIP
FCC Weighs In on Rule Challenge
Stock Gambit Strains Relations Between Two Media Titans
House Shoots Few Tough Questions at Telecom Executives
QUICKLY -- Armstrong Williams Gets NY Show on Radio; TV Ads & L.A. Mayoral=
=20
Race; Willful Blindness in Hollywood Reporting?/Diversity in Journalism?;=20
Radio Medium of Choice in Emergencies; Educators use Radio; FCC=20
"Admonishes" Verizon; Google AutoLink Pits Convenience, Ownership Issues;=20
Web Marketers Fearful of Fraud in Pay-Per-Click; An Introduction to=20
Activism on the Internet; Library to Launch Digital Gallery Today; Court=20
Overturns $521 Million Ruling Against Microsoft; Thierer joining Progress &=
=20
Freedom Foundation
MEDIA & SOCIETY
IT'S TIME TO RECONNECT THE PRESS AND THE PUBLIC
[Editorial] As FCC Chairman Powell limps off the policy stage, his attempts=
=20
to loosen media ownership rules are still having an effect. The ownership=20
debate was poorly covered, yet an impressive number of Americans tuned in=20
and decided that big media =97 so much in their face already =97 was big=20
enough, thanks. That's a good thing. But to the extent that people see=20
media as a self-serving behemoth they may disconnect from the behemoth,=20
including the part of it that produces the news. If journalism is seen as=20
just another hungry special interest, the public will toss the good out=20
with the bad. That's... well, bad. Getting straight news now from this=20
hyped and opinion-loaded beast may feel like trying to drink from a fire=20
hose. All that individual journalists can do is rededicate ourselves to=20
journalism=92s central mission and find ways of explaining that mission to=
=20
the public. The quality of our press and our democracy really are linked;=20
journalism must produce work that actually benefits the public.
[SOURCE: Columbia Journalism Review, AUTHOR: Editorial Staff]
http://www.cjr.org/issues/2005/2/editorial.asp
CUT BUSTER LOOSE
[Commentary] Why should government subsidize the production and=20
distribution of entertainment and, even worse, journalism? In today's=20
500-channel environment, public television is a preposterous relic. Public=
=20
television, its supporters say, is especially important for people who=20
cannot afford cable or satellite television. But 62% of poor households=20
have cable or satellite television, and 78% have a VCR or DVD player.=20
Public television's survival, with no remaining rationale, should fill=20
students of government with awe, wonderment and melancholy. Would it vanish=
=20
without the 15% of its revenue it gets from government? Let's find out.
[SOURCE: Washington Post, AUTHOR: George Will georgewill( at )washpost.com]
http://www.washingtonpost.com/wp-dyn/articles/A2711-2005Mar2.html
(requires registration)
BBC GETS NEW LEASE ON LIFE, BUT GOVERNMENT CALLS FOR OVERHAUL
After months of rancorous debate over its status and standards, the=20
venerable British Broadcasting Corporation won a reprieve on Wednesday when=
=20
the government approved a further 10-year Royal Charter guaranteeing=20
compulsory public financing. But for the first time in the 83 years that=20
the BBC has been the country's prime public service broadcaster, the=20
government called for a radical overhaul of its top management. It also=20
urged the institution to desist from "copycat" programming intended to=20
"chase ratings for ratings sake."
[SOURCE: New York Times, AUTHOR: Alan Cowell]
http://www.nytimes.com/2005/03/03/international/europe/03bbc.html
(requires registration)
THE BEST TELEVISION FILTER
[Editorial] Sen. Ted Stevens (R-Alaska) on Tuesday suggested that federal=20
legislation is necessary to protect children from programming that their=20
parents are paying to have beamed into their living rooms. Rep. Joe Barton=
=20
(R-Texas) seconded the motion, arguing that cable and satellite services=20
enjoy an unfair advantage over broadcasters, which are bound by federal=20
indecency rules. But before these and other legislators move forward with=20
the idea, they should read this from the Supreme Court: "Targeted blocking=
=20
is less restrictive than banning, and the government cannot ban speech if=20
targeted blocking is a feasible and effective means" of protecting=20
children. The simplest solution for consumers who don't want their kids=20
exposed to cable is to not write a check to the cable company. Those who=20
still want their MTV can use the filters that make it easy to keep unwanted=
=20
programming from their children. But, as with V-chips that let parents=20
decide what youngsters see and hear on broadcast television, the filters=20
won't work unless someone exercises the right to say no. As the Supreme=20
Court opinion clearly states, that person should be a parent, not Big=
Brother.
[SOURCE: Los Angeles Times, AUTHOR: Editorial Staff]
http://www.latimes.com/news/printedition/opinion/la-ed-cable3mar03,1,480...
.story?coll=3Dla-news-comment
(requires registration)
LOCALITIES WEIGHING BROADBAND FACE STRONGER OPPOSITION IN STATES
Municipalities are facing more state bills (11) this year seeking to bar or=
=20
restrict their providing cable, telecom or broadband services, and they say=
=20
the proposals contain more extensive barriers than in years past. =93We see=
=20
this every year, but this year there are more bills than there has been in=
=20
years past,=94 said attorney James Baller, who represents municipalities:=20
=93Most certainly, this a very active and volatile situation.=94
[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]
(Not available online)
TELEVISION
FCC MEDIA BUREAU ISSUES REPORT TO CONGRESS ON OVER-THE-AIR VIEWERS
As Congress considers a date certain to end the transition to digital=20
television, the Federal Communications Commission's Media Bureau issued a=20
report earlier this week detailing the Bureau's analysis of comments on the=
=20
current status of over-the-air (OTA) broadcast television viewers in the=20
United States, and a range of potential options for assisting those OTA=20
viewers when analog broadcast service is terminated. Congress has already=20
declared its support for ending the transition to digital through their=20
vote on a Sense of the Senate in the 108th Congress. The report seeks to=20
further this debate by summarizing data received in response to a Public=20
Notice issued by the Media Bureau in May 2004, and providing independent=20
analysis. The report provides analysis on several aspects of the transition=
=20
to digital broadcasting including: 1) the timing and nature of a=20
switchover, 2) the cost of digital-to-analog converter boxes for OTA=20
viewers; and 3) the reasons why OTA viewers do not subscribe to pay-TV=20
services.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257075A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257073A1.doc
'BIG FOUR' NETS ABUSING POWER, CABLE OPERATORS SAY
Cox Communications, Advance/Newhouse Communications and Insight=20
Communications are accusing the =93Big Four=94 broadcast networks (ABC, CBS,=
=20
FOX and NBC) of abusing their power to force carriage of unwanted=20
programming, swelling the size of expanded basic and driving up rates for=20
that tier of programming. The MSOs said the Big Four have used=20
retransmission consent to move from marginal to dominant players in the=20
cable-programming market through their present control of 57% of national=20
cable networks. In 1993, the Big Four controlled 18% of national networks.=
=20
The operators added that FCC data demonstrated that the Big Four are=20
responsible for higher cable rates. Expanded-basic rates rose 88% from=20
1997-2004. During that period, the license fees of Big Four-affiliated=20
cable networks rose 92%, while the license fees of non-broadcast-affiliated=
=20
networks went up 49%. The operators also stated that the Congressional goal=
=20
of bolstering local broadcasting has not been attained through=20
retransmission consent. The Big Four, the MSOs said, have used=20
retransmission consent to invest in cable networks, not in high-quality=20
primetime programming beneficial to their affiliates.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA507914.html?display=3DBreaking+New...
ferral=3DSUPP
http://www.broadcastingcable.com/article/CA507941?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
ACA: GIVE SMALL OPS DBS' LOCAL SIGNALS
The America Cable Association -- a trade group which represents small,=20
mainly rural cable system operators -- is asking the FCC to require=20
direct-broadcast satellite companies to give small cable operators in=20
remote markets access to their local-to-local broadcast signals. ACA=20
estimates that more than 1 million rural consumers are unable to receive=20
quality local-broadcast signals because they live in remote regions distant=
=20
from broadcast transmitters. ACA is also expected to file a separate=20
petition, most likely Wednesday, seeking retransmission-consent reform=20
related to the competitive harm of broadcast exclusivity and=20
network-nonduplication rules. ACA wants small operators to be able to carry=
=20
out-of-market =93distant=94 TV stations in cases when in-market broadcasters=
=20
are demanding cash-for-carriage in exchange for retransmission consent.
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
http://www.multichannel.com/article/CA507911.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
NAB MIGHT SKIP MULTICAST COURT BATTLE
Speaking at a debate at a forum hosted by the New America Foundation,=20
National Association of Broadcasters executive vice president Marsha=20
MacBride said Wednesday that the trade group might ask the FCC to=20
reconsider ruling that cable systems do not have to carry multiple=20
digital-TV services per station. The NAB board is meeting this week to map=
=20
strategy, she added.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA508026.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
CABLE WANTS OVERHAUL OF RETRANS RULES
In a March 1 filing at the FCC, the National Cable & Telecommunications=20
Association called for new rules on cable carriage of out-of-market TV=20
stations to eliminate a regulatory advantage held by direct-broadcast=20
satellite carriers. Cable systems that want to bring in distant stations=20
need retransmission consent and might have to block network and syndicated=
=20
programming, leaving just locally produced programming to present to=20
subscribers. DBS providers face none of those regulatory hurdles and pay=20
lower copyright-royalty fees to provide distant signals, NCTA pointed out.=
=20
On Wednesday, the American Cable Association asked the FCC to overhaul=20
retransmission-consent rules, in part to permit market forces to set the=20
=93price=94 for the carriage of TV stations.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn and Linda Moss]
http://www.multichannel.com/article/CA508000.html?display=3DBreaking+New...
ferral=3DSUPP
http://www.multichannel.com/article/CA507911.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
OWNERSHIP
FCC WEIGHS IN ON RULE CHALLENGE
The FCC didn't ask the Supreme Court to review a lower court's remand of=20
its media ownership rules, and would rather the Court not hear industry=20
appeals on the issue, either. But just in case the Court does take the=20
case, the FCC dismissed the lower court=92s finding that the agency's method=
=20
of weighting the market power of TV, radio, cable and newspaper outlets for=
=20
the purposes of setting limits on cross-platform ownership was faulty. The=
=20
FCC also said a Philadelphia court was wrong to minimize the impact of the=
=20
Internet on media diversity. Finally, the FCC challenged the notion that it=
=20
was arbitrary in drawing numerical limits on the number of broadcast=20
properties that one owner can control in a market.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA508041?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
See also --
Free Press petitioned the FCC to turn down Media General's request to avoid=
=20
FCC ownership rules. Media General is seeking a waiver that would allow it=
=20
to operate a television station and newspaper in the same market=
indefinitely.
Summary of filing: www.freepress.net/docs/wrbl_pet_to_deny_summary.pdf
Full text: www.freepress.net/docs/wrbl_GA_pet_to_deny.pdf
STOCK GAMBIT STRAINS RELATIONS BETWEEN TWO MEDIA TITANS
Much of the media and entertainment business is built on partnerships, many=
=20
of which seem opaque and tangled to outsiders. The relationship between=20
Liberty's John Malone and News Corp's Rupert Murdoch -- who have long=20
linked their vast holdings in TV programming and distribution -- is no=20
exception. But business strategy alone doesn't explain how these links are=
=20
formed and sometimes dissolved. An inside look at the ties between these=20
two men shines a light on how personal connections combine with business=20
imperatives to shape the media landscape. Liberty now owns 18% of News=20
Corp. In coming months, the two sides are expected to negotiate some sort=20
of transaction in which News Corp. will buy back at least part of Liberty's=
=20
stake, possibly for cash and a News Corp. asset. The ultimate conclusion of=
=20
the talks could be the formation of a brand new media entity built on=20
assets from each company.
[SOURCE: Wall Street Journal, AUTHOR: Martin Peers martin.peers( at )wsj.com]
http://online.wsj.com/article/0,,SB110981460652669086,00.html?mod=3Dtoda...
s_page_one
(requires subscription)
HOUSE SHOOTS FEW TOUGH QUESTIONS AT TELECOM EXECUTIVES
The CEOs of six major telecom firms planning 3 mergers were subjected to=20
more than 3 hours of questioning by the House Commerce Committee Wednesday.=
=20
But few Members pushed the Bells, long distance providers or wireless=20
carriers represented about how the proposed mergers would affect the=20
telecom industry. Several members asked general questions about investment=
=20
and competition, but only Rep. Solis (D-CA) asked about how the proposed=20
mergers could lead to job loss. She asked the question more than 2 hours=20
into the hearing, after several members had asked specific questions about=
=20
service in their home districts, including one member who wanted to know=20
why the text messaging on his cell phone didn't work correctly. (Who needs=
=20
fake journalists when we have Congress asking the questions?) House Telecom=
=20
Subcommittee ranking Democrat Ed Markey (MA) said SBC and Verizon beat its=
=20
competitors AT&T and MCI in the courts, in Congress and at the FCC. =93While=
=20
these were perfectly legal corporate strategies, we shouldn't confuse them=
=20
with actually winning in the marketplace with consumers." Consumer advocate=
=20
Mark Cooper complained that he warned Congress in 1996 that that year's=20
telecommunications act would eventually lead not to vibrant competition,=20
but to a reconstitution of the Bell monopoly. Now the only competitor to=20
Bells left is cable. =93This isn't competition; it=92s a crummy duopoly,=94=
=20
Cooper said.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
Also see --
* Telecom Mergers Draw Bipartisan Backing (Committee Press Release)
http://energycommerce.house.gov/108/News/03022005_1447.htm
* Links to testimony
http://energycommerce.house.gov/108/Hearings/03022005hearing1443/hearing...
* Telecom chiefs: Price hikes could follow mergers
http://news.com.com/Telecom+chiefs+Price+hikes+could+follow+mergers/2100...
7_3-5596509.html?tag=3Dnefd.top
* A Clear Path to Consolidation
http://www.washingtonpost.com/wp-dyn/articles/A2797-2005Mar2.html
* MCI and AT&T Leave Little Guys Behind
http://www.washingtonpost.com/wp-dyn/articles/A2825-2005Mar2.html
* Telecom Executives Back Mergers
http://www.latimes.com/business/printedition/la-fi-telecom3mar03,1,16388...
tory?coll=3Dla-headlines-pe-business
QUICKLY
COLUMNIST UNDER FIRE GETS SHOW ON RADIO
Armstrong Williams, the conservative commentator embroiled in controversy=20
after being paid to promote Bush administration policies, will soon be=20
heard daily on New York radio.
http://www.nytimes.com/2005/03/03/arts/television/03arm.html
TV ADS THE ONLY WAY TO REACH FAR-FLUNG LA
In a sprawling city that does not lend itself to retail politicking,=20
television ads are the best and often only way to reach Los Angeles voters.
[SOURCE: Los Angeles Times, AUTHOR: Matea Gold and Jessica Garrison]
http://www.latimes.com/news/printedition/asection/la-me-ads3mar03,1,1987...
story?coll=3Dla-news-a_section
(requires registration)
THE MEDIA MATRIX
Media Mogul Syndrome -- Willful Blindness: In Hollywood reporting willful=20
blindness can be found in the media=92s avoidance of any performance=
measures=20
for moguls that might get undercut "gotcha" personality stories.
Diversity in Media: Journalists of color reported 10 percent of the stories=
=20
on the ABC, CBS and NBC nightly newscasts last year. That's down from 13=20
percent in 2003, according to an annual study by the Center for Media and=20
Public Affairs.
[SOURCE: News Dissector]
http://www.newsdissector.org/blog/
RIDING OUT THE STORM: THE VITAL ROLE OF RADIO IN TIMES IN CRISIS
According to a study released by Arbitron, in an era of many media options,=
=20
more than half of respondents choose radio as the one source of information=
=20
during the 2004 Florida hurricanes. Radio also got high marks from the=20
residents with nearly two thirds saying they were =93very satisfied=94 with=
=20
radio=92s programming during the storms.
[SOURCE: RadioInk]
http://www.radioink.com/HeadlineEntry.asp?hid=3D127495&pt=3Dtodaysnews
WORKING ON THE RADIO ROAD
Educators at the Bluffview Montessori School in Minnesota are using an old=
=20
medium =AD radio =AD to teach modern day lessons about working and thinking=
=20
creatively. Audio-focused programs are gaining steam across the country.
[SOURCE: Connect for Kids, AUTHOR: Robert Capriccioso]
http://www.connectforkids.org/articles/working_on_radio_road
VERIZON "ADMONISHED"
The FCC's Enforcement Bureau admonished Verizon Communications -- and sent=
=20
it to bed without dessert -- for failure to publicize the availability of=20
Lifeline and Link-up universal service discounts in a manner reasonably=20
designed to reach low-income residents on tribal lands. (DA No. 05-525).
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-525A1.doc
GOOGLE AUTOLINK PITS CONVENIENCE, OWNERSHIP ISSUES
[Commentary] Google's new AutoLink adds hyperlinks Google deems useful to=20
the Web pages you visit. The idea is to automate the process of jumping=20
from a street address to, say, a map, sparing users having to retype or=20
copy the address. But does Google have a right to add links to pages=20
authored by others? Apart from prickly legal issues -- Is Google modifying=
=20
content owned by others? Who owns hyperlinks, anyway? -- auto-linking=20
raises basic questions about the essence of the Web and how to improve our=
=20
experience with it.
[SOURCE: Washington Post, AUTHOR: Leslie Walker walkerl( at )washpost.com]
http://www.washingtonpost.com/wp-dyn/articles/A660-2005Mar2.html
(requires registration)
WEB MARKETERS FEARFUL OF FRAUD IN PAY-PER-CLICK
Businesses that pay Google and Overture to steer customers to their Web=20
sites are questioning how much fraud lurks in the blossoming pay-per-click=
=20
model of advertising.
http://tech.nytimes.com/2005/03/03/business/media/03adco.html
AN INTRODUCTION TO ACTIVISM ON THE INTERNET
A brief introduction to a number of different techniques of electronic=20
advocacy including email, the Web, and other tools to bring about social=20
change, including some up-to-date analysis on online trends and activism.
http://www.backspace.com/action/all.php
LIBRARY TO LAUNCH DIGITAL GALLERY TODAY
The New York Public Library is putting hundreds of thousands of its images=
=20
online, allowing free downloads of material including maps, Civil War=20
photos and illuminated medieval manuscripts.
http://www.nytimes.com/2005/03/03/books/03libr.html
COURT OVERTURNS $521 MILLION RULING AGAINST MICROSOFT
A federal appeals court on Wednesday overturned a $521 million patent=20
infringement ruling against Microsoft and ordered a lower court to retry=20
the case against the world's largest software maker.
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DX3WKJSVDO0HDMCRBAE...
Y?type=3DtechnologyNews&storyID=3D7790180
WashPost: http://www.washingtonpost.com/wp-dyn/articles/A2828-2005Mar2.html
News.com:=20
http://news.com.com/Appeals+court+revisits+Eolas+decision/2100-1032_3-55...
0.html?tag=3Dnefd.lede
Adam Thierer is leaving the Cato Institute to become Senior Fellow and=20
Director, Center for Digital Media Freedom, at the Progress & Freedom=20
Foundation
--------------------------------------------------------------
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.
--------------------------------------------------------------