Benton's Communications-related Headlines for 3/16/05

Three hearings of note today: 1) Erate Oversight, 2) Obscenity Prosecution=
=20
and the Constitution (see story below), and 3) How Internet=20
Protocol-Enabled Services are Changing the Face of Communications: A Look=20
at the Voice Marketplace. We'll link you to more information -- for free!=20
-- is you click to http://www.benton.org/calendar.htm

MEDIA & SOCIETY
Viewer Beware
And Now, the Counterfeit News
Truth Is, Bush's Propaganda Hurts the U.S.
Judiciary Targets Gannon
Stop News Fraud
Senate Judiciary Contemplates Obscenity
Senator Suggests Targeting Net 'Indecency'

TELEVISION
Barton Targets DTV Bill for Spring
Comcast Users to Get TiVo Options That Go Beyond Generic DVRs

TELECOM
Antitrust Senators to Send Telecom Merger Conditions to DoJ
Florida Works to Kill Potential VoIP Tax

DIGITAL COPYRIGHT
More Arguments Sought in D.C. Appeals Suit on Broadcast Flag
Professor's Online Publishing Experiment

QUICKLY -- Reality TV Not so Real; Adjusting Your Digital TV; Arbiter of=20
Rap Trends or Promoter of Violence, Racism?; Family films outdrew R-rated=20
movies in '04; 3 States Move Toward Online Gambling; Liberty Media to Spin=
=20
Off Discovery Cable; Vodafone to Buy Cell Operator In Eastern Europe for=20
$3.5 Billion

MEDIA & SOCIETY

VIEWER BEWARE
[Commentary] What does Jon Stewart of "The Daily Show" have in common with=
=20
the Bush Administration? They're both unabashed about putting out fake=20
news. Although this Administration apparently isn't the first to use video=
=20
news releases, it seems more enamored of them than its predecessors. It's=20
humiliating that local news stations, however short-staffed and desperate=20
for footage, would run these releases without attribution to the=20
government. But it's disingenuous for administration officials to blame the=
=20
stations, given that many releases are crafted precisely to disguise their=
=20
government origin. This technique is both illegal and unwise. As a legal=20
matter, the prepackaged news releases run afoul of the prohibition on the=20
use of government funds for domestic "propaganda." The Administration's=20
interpretation -- it's okay to hide the source as long as the spot is=20
"purely informational" -- is untenable: Highlighting some "facts" and=20
leaving out others can be even more persuasive than outright advocacy,=20
which is why the administration chose this device. More important, this=20
kind of propaganda masquerading as news is a deceitful way for a democratic=
=20
government to do business; fake journalists paid by the government to=20
deliver its version of news are as disturbing as real commentators paid by=
=20
the government to tout its views. White House Press Secretary Scott=20
McClellan defended the video news releases on Monday as "an informational=20
tool to provide factual information to the American people." Nice=20
sentiment, but why, exactly, wouldn't the administration want to let the=20
people in on one of the most salient facts: who, really, is doing the=
talking?
[SOURCE: Washington Post, AUTHOR: Editorial Staff]
http://www.washingtonpost.com/wp-dyn/articles/A38596-2005Mar15.html
(requires registration)

AND NOW, THE COUNTERFEIT NEWS
[Commentary] The Bush administration has come under a lot of criticism for=
=20
its attempts to fob off government propaganda as genuine news reports.=20
Whether federal agencies are purchasing the services of supposedly=20
independent columnists or making videos extolling White House initiatives=20
and then disguising them as TV news reports, that's wrong. But it is time=20
to acknowledge that the nation's news organizations have played a large and=
=20
unappetizing role in deceiving the public. Too many television stations run=
=20
government videos without any hint of where they came from. And while some=
=20
claim they somehow stumbled accidentally into this trap, it seems obvious=20
that in most cases, television stations that are short on reporters, long=20
on air time to fill and unwilling to spend the money needed for real news=20
gathering are abdicating their editorial responsibilities to the=20
government's publicity teams. If using pretend news is one of the ways=20
these stations have chosen to save money, it's a false economy. If it=20
represents a political decision to support President Bush, it will=20
eventually backfire. This kind of practice cheapens the real commodity that=
=20
television stations have to sell during their news hours: their credibility.
[SOURCE: New York Times, AUTHOR: Editorial Staff]
http://www.nytimes.com/2005/03/16/opinion/16wed1.html
(requires registration)
Also see 7 letters to the NYTimes editor under the heading "Hidden News and=
=20
Government Spin"
http://www.nytimes.com/2005/03/16/opinion/l16covert.html

TRUTH IS, BUSH PROPAGANDA HURTS THE US
[Commentary] Spin is nothing new in American politics, but the Bush=20
Administration has not contented itself with trying to influence the news.=
=20
It's in the business of producing the news itself, in the hopes of passing=
=20
it off as generic, third-party reporting. This is propaganda parading as=20
journalism, in the finest PRI (or Soviet) tradition. This clumsy branding=20
of George W. Bush's vision of America to Americans will not only backfire=20
at home, it invariably subverts efforts to brand America overseas. Public=20
candor and transparency are supposed to be one of the American brand's=20
distinguishing assets. Because the administration insists on operating in=20
its imagined version of reality, the U.S. and American credibility begin to=
=20
look rather commonplace =AD and unreliable =AD to the world. You can imagine=
=20
how many conspiracy theories are fed and validated on the streets of Cairo=
=20
and Tehran when word gets out that U.S. government agencies produce their=20
own propagandistic "news" reports.
[SOURCE: Los Angeles Times, AUTHOR: Andres Martinez]
http://www.latimes.com/news/printedition/opinion/la-oe-martinez16mar16,1...
2746.story?coll=3Dla-news-comment
(requires registration)

JUDICIARY TARGETS GANNON
The House Judiciary Committee plans to mark up a bill Wednesday targeting=20
the vetting process, or lack thereof, that allowed James Guckert (under the=
=20
name of Jeff Gannon) to become a credentialed White House reporter. The=20
bill, H. Res 136, would give the Attorney General and Secretary of Homeland=
=20
Security two weeks to turn over documents relating to, among other things,=
=20
the security checks Guckert/Gannon went through, who, if anyone, at the=20
Secret Service was supposed to have done a background check on Gannon, and=
=20
any phone records, mail, e-mail, or faxes between Guckert/Gannon and the=20
Secret Service. Among the raft of Democratic House members sponsoring the=20
bill are Californians Henry Waxman and George Miller. Rep Miller has been=20
one of the lead critics of administration pay-for-play PR policies, VNRs=20
and other attempts to influence public opinion through quasi-journalism
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA511178?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

STOP NEWS FRAUD
State-run media=94 is a phrase normally reserved for regimes such as North=
=20
Korea that manipulate and censor all public information. Media in the=20
United States were thought to be free of such autocratic control, but=20
recent maneuvers by the Bush administration should make all of us stand up=
=20
and take notice. After recent revelations that several =93journalists=94=
have=20
been working as propagandists on the White House payroll, more are=20
beginning to wonder how free America=92s press actually is. Read the=
in-depth=20
Free Press report on the Bush administration's efforts to manipulate the=20
press and the American public at http://freepress.net/propaganda/. If you=20
are angry and just can't take it anymore, take action to force the White=20
House to account for millions in taxpayer money spent to spread propaganda=
=20
at http://www.freepress.net/action/fakenews.
[SOURCE: Free Press]

SENATE JUDICIARY CONTEMPLATES OBSCENITY
Senator Sam Brownback (R-KS), a foe of cable porn and broadcast indecency,=
=20
has sponsored legislation that would call for federally funded research=20
into the possibly addictive effects of pornography. He'll preside over a=20
Senate Judiciary Committee hearing today on obscenity. There is a growing=20
sentiment in Congress that one way to ban cable porn, which is not subject=
=20
to the FCC indecency restrictions, would be to go after it on obscenity=20
grounds.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA511179?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

SENATOR SUGGESTS TARGETING NET 'INDECENCY'
Sen. Ted Stevens, the influential chairman of the Senate Committee on=20
Commerce, Science & Transportation, has indicated that Internet decency=20
regulations could be inserted into legislation that was originally intended=
=20
to boost fines for off-color radio and TV broadcasts. "It looks like=20
Stevens is talking about some sort of ratings system for the Internet,"=20
said Marv Johnson, legislative counsel for the American Civil Liberties=20
Union. "But you really can't have the FCC or the federal government be the=
=20
taste police for the American citizens. It's just not going to work." One=20
explanation for Sen Stevens' remarks is that he's worried about the trend=20
of movies and TV shows being offered for download over the Internet, which=
=20
places the material outside the purview of the FCC. "I think Stevens is=20
probably laying the groundwork for another assault on speech online," said=
=20
Adam Thierer, a senior fellow at the free-market Progress & Freedom=20
Foundation. "He's obviously pointing the way to other members of Congress,=
=20
saying that if they want to control the media, they have to start at cable=
=20
and satellite first, and then target the Internet...This foreshadows the=20
coming debate we'll have over IP-enabled services in the video space."
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/Senator+suggests+targeting+Net+indecency/2100-1028_3...
8332.html?tag=3Dnefd.top

TELEVISION

BARTON TARGETS DTV BILL FOR SPRING
At the Consumer Electronics Association's annual HDTV Summit in Washington,=
=20
House Commerce Committee chairman Joe Barton (R-TX) said Tuesday that he=20
plans to introduce his long-awaited digital-TV legislation "sometime in the=
=20
spring," and he expects to move it though the House by early summer. He=20
revealed few details of the bill, which he said are still being worked out=
=20
with House Telecommunications Subcommittee Chairman Fred Upton (R-MI) and=20
the ranking Democrats on the panels, John Dingell (MI) and Ed Markey (MA).=
=20
He did let the audience know what his preferences are: a Dec. 31, 2006,=20
deadline for making TV stations go all-digital and reclaiming their old=20
analog channels; no "multicast must carry" on cable for digital=20
broadcasters; and $400 million to $500 million in subsidies to make=20
digital-to-analog convertor boxes more affordable for low-income=20
households. Rep Barton estimates revenues from auction of returned spectrum=
=20
could reach $4-$17 billion.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA510868?display=3DBreaking+New...
ferral=3DSUPP
http://www.multichannel.com/article/CA511015.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
In a related story, farmers no like Dec 2006 hard date. See:
Farmers Concerned About Analog-TV Cutoff
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA511119.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

COMCAST USERS TO GET TIVO OPTIONS THAT GO BEYOND GENERIC DVRs
TiVo has a shot at becoming a mainstream household gadget with the=20
announcement of a partnership with cable giant Comcast. The nation's=20
largest cable company will make a version of TiVo's service available as an=
=20
option to Comcast's cable subscribers, which number 21.5 million. The=20
companies said the TiVo service for Comcast subscribers may include a=20
variety of features that go well beyond those in generic DVRs, including=20
the ability to display digital photographs and play music. and to download=
=20
video from the Internet. The companies expect to offer the TiVo service,=20
which will run on existing Comcast digital video recorders made by Motorola=
=20
and others, during the second half of next year.
[SOURCE: Wall Street Journal, AUTHOR: Nick Wingfield nick.wingfield( at )wsj.com=
=20
and Peter Grant peter.grant( at )wsj.com]
http://online.wsj.com/article/0,,SB111089847979879900,00.html?mod=3Dtoda...
s_personal_journal
(requires subscription)
NYT: http://www.nytimes.com/2005/03/16/technology/16tivo.html
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-tivo16mar16,1,5170783...
ry?coll=3Dla-headlines-pe-business

TELECOM

ANTITRUST SENATORS TO SEND TELECOM MERGER CONDITIONS TO DOJ
At a Senate Judiciary Committee hearing Tuesday on proposed telecom=20
mergers, Senators said Congress must make sure consumers are adequately=20
protected from the tremendous acquisition of power=94 of a combined SBC-AT&T=
=20
and Verizon-MCI. Wisconsin Democrat Sen Kohl promised the antitrust=20
subcommittee would send =93pro-competitive merger condition=94=
recommendations=20
to the Justice Department and FCC =93in coming weeks.=94 One possible merger=
=20
condition was proposed: the merged companies should have to sell DSL=20
without requiring a subscription to standard phone service.Antitrust=20
Subcommittee Chairman DeWine (R-OH) said the
mergers should raise more concern than expressed. =93These deals have=20
received an unusual reception in the press and within the industry -- an=20
unusually friendly reception and one that I'm not sure is wholly deserved,=
=94=20
he said. =93A quick analysis, whatever the outcome, in not enough. And in=20
fact, I think that certainly there are some antitrust
issues that require more thorough examination.=94 Sen Kohl added, =93We must=
=20
seek to avoid the creation of a world where consumers are left with only=20
two choices for a bundle of telecom services -- the Baby Bell phone company=
=20
and the cable company.=94
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
See WashPost coverage:=20
http://www.washingtonpost.com/wp-dyn/articles/A38649-2005Mar15.html
Communications Daily also reports that the six largest competitors to the=20
Baby Bells -- XO, Savvis, Eschelon Telecom, Cbeyond, Covad, and Broadwing=20
-- have formed a as yet unnamed body to challenge the proposed Verizon-MCI=
=20
and SBC-AT&T mergers.
See more on that in=20
http://www.washingtonpost.com/wp-dyn/articles/A38353-2005Mar15.html
See also:
SBC, Verizon Chiefs Vow No VoIP Blocking
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA511171.html?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

FLORIDA WORKS TO KILL POTENTIAL VOIP TAX
The State House of Representatives voted unanimously in favor of repealing=
=20
part of a communications tax on businesses that run their own networks. The=
=20
complex tax dates back to telecommunications deregulation in the 1980s. The=
=20
statute was originally meant to tax businesses that bypassed the local=20
telephone network by establishing their own communications networks. While=
=20
it was originally written with technologies such as satellite and microwave=
=20
in mind, critics have argued that it could be applied to businesses=20
carrying voice traffic over Internet data networks, as well as individual=20
customers of companies like Vonage that provide voice over Internet=20
Protocol services, which route phone calls over the less-expensive,=20
less-regulated Internet. Critics also argue that the language of the=20
so-called "Substitute Communications Tax" could be applied to businesses=20
with networked computers, two-way radios and wireless dispatch systems. The=
=20
bill moves now to the Florida Senate.
[SOURCE: C-Net|News.com, AUTHOR: Marguerite Reardon]
http://news.com.com/Florida+works+to+kill+potential+VoIP+tax/2100-7352_3...
8272.html?tag=3Dnefd.top

DIGITAL COPYRIGHT

MORE ARGUMENTS SOUGHT IN DC APPEALS SUIT ON BROADCAST FLAG
More written arguments are required before the U.S. Appeals Court, DC, can=
=20
decide =93conclusively=94 whether a coalition of consumer and library groups=
=20
that challenged the FCC=92s authority to impose broadcast flag rules have=
the=20
=93Article III standing=94 to do so, the court ruled Tuesday. Petitioners=20
challenging the Commission=92s standing include Consumer Federation of=20
America, Consumers Union, Electronic Frontier Foundation, Public Knowledge,=
=20
the American Library Assn., the Assn. of Research Libraries, the American=20
Assn. of Law Libraries, the Medical Library Assn. and the Special Libraries=
=20
Assn. The court gave the petitioners 2 weeks to file affidavits, and a=20
brief of no more than 4,000 words, answering questions to determine their=20
qualifications to challenge the FCC=92s authority on broadcast flag. For=20
example, the court said, the petitioners must explain whether the broadcast=
=20
flag will hinder the groups=92 ability to =93engage in otherwise permissible=
=20
copying and distribution of television broadcasts to distant locations and,=
=20
if so, in precisely what way such hindrance is likely to occur.=94 The court=
=20
said the petitioners must identify the =93relevant member or members=94 at=
risk=20
=93and describe the precise nature of the injury that will be caused by the=
=20
FCC=92s adoption of the broadcast flag regime.=94
[SOURCE: Communications Daily, AUTHOR: Paul Gluckman]
(Not available online)
See coverage in Broadcasting&Cable:
http://www.broadcastingcable.com/article/CA511177?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

PROFESSOR'S ONLINE PUBLISHING EXPERIMENT
Further nudging outward the boundaries of online publishing, Stanford=20
University Professor Larry Lessig will put his 1999 book "Code'' online=20
today and invite Internet users to help him write an updated version. A=20
noted copyright expert and proponent of free software, Prof Lessig is=20
putting the 297-page treatise about technology, culture and regulation on=20
the Web in the form of a ``wiki,'' a site that can allow people to freely=20
edit its contents. The law professor will take the contributions at=20
http://codebook.jot .com and edit them into a printed version of the book.
[SOURCE: San Jose Mercury News, AUTHOR: Michael Bazeley]
http://www.mercurynews.com/mld/mercurynews/business/technology/11148136.htm

QUICKLY

ONE SHOW'S UNEXPECTED LESSONS IN REALITY
A look at the "unreality" of reality TV.
[SOURCE: New York Times, AUTHOR: Jacques Steinberg]
http://www.nytimes.com/2005/03/16/arts/television/16swap.html
(requires registration)

DO NOT ADJUST YOUR SET
Although today's high-definition TVs render dazzling, theater-quality=20
pictures, the technology inside has become mind-bogglingly complex. An=20
improperly adjusted set can produce jaundiced, hazy, lifeless images.=20
Reenter a 1950s-era practice: house calls by technicians to calibrate for=20
the best picture.
[SOURCE: Los Angeles Times, AUTHOR:Alex Pham]
http://www.latimes.com/news/printedition/front/la-fi-goldeneyes16mar16,1...
5051.story?coll=3Dla-headlines-frontpage
(requires registration)

AN ARBITER OF HIP-HOP FINDS ITSELF TARGET
Recent events involving New York's Hot 97 FM have critics contending that=20
the radio station has tilted from credible arbiter of rap trends to=20
ratings-hungry promoter of violence and racism.
[SOURCE: New York Times, AUTHOR: Lola Ogunnaike & Jeff Leeds]
http://www.nytimes.com/2005/03/16/arts/music/16hot.html
(requires registration)

FAMILY FILMS OUTDREW R-RATED MOVIES IN '04
For the first time in two decades, PG-rated films outperformed R-rated=20
films in theaters, even though Hollywood cranks out many more movies aimed=
=20
at adults. Last year, PG-rated films took in $2.3 billion in U.S. ticket=20
sales, according to the National Association of Theatre Owners. R-rated=20
movies, which require that anyone younger than 17 be accompanied by an=20
adult, accounted for $2.1 billion
[SOURCE: USAToday, AUTHOR:]
http://www.usatoday.com/printedition/life/20050316/d_undergrids16.art.htm

3 STATES MOVE TOWARD LEGALIZING ONLINE GAMBLING
North Dakota, Illinois and Georgia are edging toward legalizing online=20
gambling, and Great Britain is on the verge of permitting its land-based=20
casinos to take bets online from U.S. citizens.
[SOURCE: USAToday, AUTHOR:Jon Swartz]
http://www.usatoday.com/printedition/money/20050316/1b_cybergaming16.art...

LIBERTY MEDIA TO SPIN OFF DISCOVERY CABLE
Liberty Media is spinning off its stakes in Discovery Communications and=20
Ascent Media Group, as John Malone reshapes his vast holdings in a bid to=20
prove they should be valued higher.
[SOURCE: Reuters, AUTHOR: Jeffrey Goldfarb]
http://www.reuters.com/newsArticle.jhtml?type=3DtopNews&storyID=3D7907132
WashPost:=
http://www.washingtonpost.com/wp-dyn/articles/A38667-2005Mar15.html
WSJ:=20
http://online.wsj.com/article/0,,SB111089119771179790,00.html?mod=3Dtoda...
s_page_one
NYTimes: http://www.nytimes.com/2005/03/16/business/media/16liberty.html
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-liberty16mar16,1,5629...
story?coll=3Dla-headlines-pe-business

VODAPHONE BUYS IN EASTERN EUROPE
Vodafone said Tuesday it will buy Telesystem International Wireless Inc.'s=
=20
operations in the Czech Republic and Romania for about $3.5 billion in=20
cash. The world's largest cellphone-service provider agreed to acquire 79%=
=20
of Mobifon SA in Romania -- boosting its ownership to 99% -- and all of=20
Oskar Mobil in the Czech Republic. Vodafone Group will assume about $900=20
million in debt as part of the deal.
[SOURCE: Wall Street Journal]
http://online.wsj.com/article/0,,SB111089460221779821,00.html?mod=3Dtoda...
s_money_and_investing
(requires subscription)
NYT: http://www.nytimes.com/2005/03/16/business/worldbusiness/16tele.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.
--------------------------------------------------------------