For upcoming media policy events, see http://www.benton.org/calendar.htm
CABLE
Court Cable Modem Decision
FCC Probing Cox Buy-Through Charge
LEGISLATION
House Panel Approves Copyright Bill
House Bill Targets EchoStar's Two-Dish Plan
INDECENCY UPDATE
NAB to Form Content Task Force
CABLE
COURT CABLE MODEM DECISION
Cable operators could be subject to common carrier regulation and
open-access requirements for their broadband services after the U.S. Court
of Appeals for the Ninth Circuit decided not to review a decision by one of
its three-judge panels. At stake in the decision are FCC rules adopted in
2002 that deemed cable's high-speed-data services interstate information
service not telecommunications services. The three-judge panel rejected the
FCC's rules. Now the FCC must decide if it wants to appeal the case to the
Supreme Court. The decision may also mean that cable operators must pay
local taxes on cable-modem revenue. An appeal is likely. Robert Sachs,
president of the National Cable & Telecommunications Association, said the
court's order "would deter new investment and impose unnecessary costs on
broadband services."
[SOURCES BELOW]
Multichannel: Cable-Modem Appeal Denied by Ninth Circuit
http://www.multichannel.com/article/CA407250?display=Breaking+News
B&C: Court Tells Cable to Open Lines
http://www.broadcastingcable.com/article/CA407396?display=Breaking+News
News.com: Court ruling points way to broadband regulation
http://news.com.com/2100-1034_3-5183423.html?tag=nefd_top
WSJ: Court Sets Back FCC Deregulation Of Broadband
http://online.wsj.com/article/0,,SB108083981148871639,00.html?mod=todays...
LATimes: Cable Lines Opened to ISPs
http://www.latimes.com/business/printedition/la-fi-cable2apr02,1,4192342...
Chairman Powell Reacts to 9th Circuit Cable Modem Decision
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245687A1.pdf
FCC Commissioner Copps Reacts to the 9th Circuit's Broadband Decision
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-245691A1.pdf
Statement from Media Access Project
http://www.mediaaccess.org/BrandXvFCCStatement1April2004.pdf
A Major Consumer Victory, Says Consumers Union
http://www.consumersunion.org/pub/core_telecom_and_utilities/000959.html
FCC PROBING COX BUY-THROUGH CHARGE
Most US cable subscribers have "expanded basic," but some subscribe to just
"basic" service and may opt for a pay-channel like HBO. The FCC is
investigating whether or not Cox Communications is overcharging this small
percentage of subscribers by billing them a $3.95 fee for a "digital
gateway tier," which includes the Music Choice service and an interactive
programming guide. Under FCC rules, a cable operator not subject to
effective competition (meaning that its basic tier is still regulated
locally) is generally barred from requiring the purchase of a programming
tier higher than basic when the basic-only customer pays for a premium or
pay-per-view channel. Christopher Cinnamon, a Chicago-based attorney for
the American Cable Association, contends that the FCC ban applies only to
"video programming." Since the digital gateway includes music and
navigation services, the tier-buy-through ban is not in effect, he argues.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA407391?display=Breaking+News
(requires subscription)
LEGISLATION
HOUSE PANEL APPROVES COPYRIGHT BILL
The House Judiciary Intellectual Property Subcommittee approved the "Piracy
Deterrence and Education Act" (PDEA) late Wednesday, overruling objections
from a minority of members that it would unreasonably expand the FBI's
powers to demand private information from Internet service providers. The
bill would boost penalties for peer-to-peer piracy and increase federal
police powers against Internet copyright infringement. Gigi Sohn of Public
Knowledge, a nonprofit group that agitates for fair use rights, said in a
statement after Wednesday's vote that: "We hope the full Judiciary
Committee will take a harder look at the change in the standard needed for
prosecution of copyright infringement under this bill. The new standard
created by the subcommittee could criminalize what is now lawful use of
copyrighted materials."
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/2100-1028-5182898.html?tag=cd_top
Communications Daily, Author: Patrick Ross
HOUSE BILL TARGETS ECHOSTAR'S TWO-DISH PLAN
A bill reauthorizing the Satellite Home Viewer Improvement Act is being
drafted in the House and the National Association of Broadcasters may have
an early victory, winning provisions to end EchoStar's two-dish system for
delivering local-into-local broadcast signals. The DBS company would be
required to put all local channels on the same dish within six months of
the law's enactment. Where the switch causes technical problems, waivers
could be granted for another six months. The bill will also: require the
FCC to devise a new plan for determining if consumers can receive local TV
signals, extend broadcasters' obligations to negotiate retransmission in
good faith for five years, allow satellite operators to carry the same
"significantly viewed" stations that cable can carry, and require consumers
to cease taking distant network signals once providers began offering
local-into-local signals.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA407703?display=Breaking+News
(requires subscription)
Also:
Satellite Bill Benefits Broadcasters
http://www.broadcastingcable.com/article/CA407702?display=Breaking+News
Communications Daily, Author: Terry Lane
(Not available online)
INDECENCY UPDATE
NAB TO FORM CONTENT TASK FORCE
After one-day summit on responsible programming, the National Association
of Broadcasters will for a Task Force on Responsible Programming to
investigate adopting a voluntary code of conduct and other options for
avoiding government action on indecency. Potential problems will code
include enforcement and free speech issues for artists. "Broadcasters are
committed to a plan of voluntary action to deal with the issue of
responsible programming," said NAB President Eddie Fritts. "Given the
serious First Amendment concerns surrounding issues related to program
content, it is our strong belief that voluntary industry initiatives are
far preferable to government regulation." The NAB meets in Las Vegas in a
couple of weeks; the first meeting of the industry-wide task force will
happen then.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)
Also:
B&C: NAB Creates Content Task Force
http://www.broadcastingcable.com/article/CA407619?display=Breaking+News
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We are outta here. Have a great weekend. Turn your clock on Saturday night!
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