For upcoming media policy events, see http://www.benton.org/calendar.htm
SPECTRUM
House Judiciary Subcommittee Approves SHIVA Reauthorization
Nextel, FCC in Standoff Over Prime Cellular Spectrum
Plan for Spectrum Is Making Waves
Consumer Groups Petition FCC to Block AT&T Wireless, Cingular Merger
BROADCASTING
NBC Stations Call Bono Decision 'Intolerable'
2003 Public Service Announcements
Television Goes to School: The Impact of Video on
Student Learning in Formal Education
INTERNET
Liberal Net Rules Spawn Political Attack Ads
FTC testimony highlights file-sharing dangers
AT THE FCC
Trends in Telephone Service
Open Meeting Agenda
QUICKLY
Privacy and Speech Concerns with Domain Name Registration Legislation
(CA) Senate Panel OKs E-voting Ban
SPECTRUM
HOUSE JUDICIARY SUBCOMMITTEE APPROVES SHVIA REAUTHORIZATION
By voice vote, the House Judiciary Intellectual Property Subcommittee=20
approved a Satellite Home Viewer Improvement Act (SHVIA) extension Thurs.=20
that could result in rate increases for DBS providers. The bill passed=20
without amendments and Subcommittee Chairman Smith (R-TX) said the purpose=
=20
of the bill was a SHVIA reauthorization =93achievable this year.=94 The bill=
=20
would 1) guarantee satellite subscribers the choice of continuing to=20
receive distant signals another five years, 2) allow the satellite industry=
=20
to transmit significantly-viewed distant signals to subscribers on a=20
copyright royalty-free basis, 3) ensure that copyright owners get a process=
=20
for adjusting their royalties, which have been fixed since Congress reduced=
=20
the rates in 1999 and 4) lay the groundwork for a future Congress to=20
address the complex issues involving the potential harmonization of the=20
cable and satellite compulsory licenses.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
NEXTEL, FCC IN STANDOFF OVER PRIME CELLULAR SPECTRUM
Nextel Communications and the FCC now seem to have competing plans to solve=
=20
the public safety interference problems caused by Nextel's cellular=20
communications systems. The FCC now appears to favor a plan that would give=
=20
the company less desirable airwaves.Nextel has proposed giving up some=20
existing airwaves and paying $850 million to move the public safety users.=
=20
In return, Nextel wants a swath of spectrum in the 1.9 gigahertz range. The=
=20
FCC agrees with Nextel that the public safety users should be moved, but a=
=20
majority of the commissioners appear ready to offer Nextel a slice of=20
less-valuable spectrum in the 2.1 GHz range. The FCC's top priority here is=
=20
to solve the public safety question in a way that would minimize the chance=
=20
of a serious legal challenge. The Commission would also like to see Nextel=
=20
pay for the move. Some FCC staffers, as well as lobbyists for other major=20
carriers and a source close to Nextel, said they think Nextel would accept=
=20
the 2.1 GHz range if the FCC were to offer a reasonable price. "If Nextel=20
walks away, the FCC holds all the cards, because they've created a record=20
showing that they have a public-safety interference problem," said a=20
lobbyist for a rival carrier. "It's a question of who's going to blink=
first."
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A6868-2004May6.html
(requires registration)
PLAN FOR SPECTRUM IS MAKING WAVES
With high tech firms growing in influence in Washington, the federal=20
government is weighing whether to wrest valuable swaths of the public=20
airwaves from the exclusive use of television broadcasters and make them=20
available to technology companies. Over the last two years, Michael D.=20
Gallagher, an acting assistant Commerce secretary who oversees=20
telecommunications policy for the Bush administration, has pushed to free=20
up nearly eight gigahertz of spectrum =97 more than 40,000 times the amount=
=20
allocated to cellphone use =97 for Wi-Fi and so-called ultra-wideband use.=
=20
The FCC is also trying to speed up the transition to digital only=20
broadcasting so analog television spectrum can be made available for new=20
uses. Commercial broadcasters are fighting the FCC proposal saying it=20
would be "to the detriment of consumers and contrary to" federal law. Next=
=20
week the FCC is expected to unveil a plan allowing wireless users to share=
=20
the unused "white spaces" separating television channels 2 through 51. Many=
=20
broadcasting services are separated by the spaces, small amounts of=20
spectrum intended to minimize interference. But because engineers have=20
improved transmitters and receivers, white spaces can often be used by=20
lower power services without causing interference.
[SOURCE: Los Angeles Times, AUTHOR: Jube Shiver Jr.]
http://www.latimes.com/business/printedition/la-fi-wifi7may07,1,7835929....
y?coll=3Dla-headlines-pe-business
For more on spectrum policy see http://www.spectrumpolicy.org/
CONSUMER GROUPS PETITION FCC TO BLOCK AT&T WIRELESS, CINGULAR MERGER
Consumers Union and Consumer Federation of America filed a petition to=20
block the AT&T Wireless/Cingular merger, citing anticipated higher prices=20
and diminished quality of service in the wireless market from consolidating=
=20
the nation's second and third largest cell phone companies. "This merger=20
proposes an unacceptable level of concentration at the national level,=20
clearly in violation of the merger guidelines," states the petition filed=20
Monday with the FCC, which will determine the merger outcome. "But the=20
anti-competitive effects this merger will have on local markets is of even=
=20
greater concern." "Cingular and AT&T Wireless are the second and third=20
largest carriers nationally, but in many local markets where Cingular's=20
parent companies are the monopoly landline telephone providers, these=20
companies are the number one and number two players -- a combination that=20
proper anti-trust scrutiny would surely block," the petition said. Cingular=
=20
Wireless is owned by two of the largest Bell local telephone companies in=20
SBC Communications and Bell South. Allowing Cingular and AT&T Wireless to=20
merge points to a dangerous consolidation trend that ultimately could lead=
=20
to higher prices and poorer service for cell phone customers, the groups=20
warned, as fewer competitors offer service to local customers. "The=20
Commission can easily find adequate grounds for rejecting this merger using=
=20
traditional competitive guidelines, both under antitrust standards and the=
=20
FCC's public interest standard," the petition states. "However, should the=
=20
Commission fail to do so -- the net result would be a massive consolidation=
=20
in the wireless market leading to higher prices and diminished quality of=20
service."
The petition is online at=20
http://www.consumersunion.org/pub/0503%20FCC%20petition%20to%20deny,%20A...
ing.pdf
[SOURCE: Consumers Union]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001041.html...
e
BROADCASTING
NBC STATIONS CALL BONO DECISION 'INTOLERABLE'
NBC affiliates are adding their voice to the chorus calling for the FCC to=
=20
reverse its Bono/Golden Globe Awards ruling. The stations say that the=20
result of the FCC's decision to find the Bono F-word indecent regardless of=
=20
context or of its "fleeting or isolated" nature, will be self-censorship=20
that is "harsh" and "intolerable." The decision, said the stations, "cannot=
=20
be allowed to stand." The NBC stations echoed the warnings of CBS=20
affiliates that if the FCC decision stands, "local broadcasters reasonably=
=20
may question whether live local news outside of the safe harbor is feasible=
=20
under the commission's new indecency policies."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA415477?display=3DBreaking+News
(requires subscription)
2003 PUBLIC SERVICE ANNOUNCEMENTS
Despite a challenging economy and a competitive public service advertising=
=20
(PSA) environment, campaigns produced by the Ad Council received more than=
=20
$1.3 billion in donated media time and space during 2003, marking the sixth=
=20
straight year the organization's campaigns received in excess of $1 billion=
=20
in donated media support. The total ranked the Ad Council equivalent to the=
=20
seventh largest advertiser in the United States in 2003. In a move that=20
breaks from the 62-year old organization's traditional media outreach=20
model, the Ad Council also announced today that it has secured=20
unprecedented, upfront media commitments from approximately 20 media=20
companies for 2004, totaling approximately $250 million. The donated media=
=20
support and the upfront commitments were announced Thursday at the Ad=20
Council's Board of Directors meeting in New York. The U.S. Department of=20
Homeland Security "Ready" campaign, launched in February 2003, received=20
more than $225 million in donated media support last year, the largest=20
annual contribution for a campaign in the Ad Council's 62-year history.=20
Other top campaigns across all forms of media included High School Dropout=
=20
Prevention, Community Drug Prevention, Paternal Involvement, Get Green=20
(Environmental Awareness), Racial Cooperation and Colorectal Cancer=20
Prevention. Radio remained the largest supporter of the Ad Council's PSA=20
campaigns, donating $578.4 million in airtime, which included English- and=
=20
Spanish-language radio stations. Magazine support increased by 360% from=20
2002 with a $26.4 million contribution of ad space. Yellow Pages=20
experienced the most dramatic increase - 885%, which was primarily due to=20
an unprecedented commitment to the "Ready" campaign. Despite a decrease=20
from 2002 by 14%, broadcast and cable television remained the second=20
largest supporter of Ad Council PSAs, donating a total of $364 million in=20
ad time.
[SOURCE: Ad Council Press Release]
http://www.adcouncil.org/about/news_050604/
(requires subscription)
TELEVISION GOES TO SCHOOL: THE IMPACT ON STUDENT LEARNING IN FORMAL=
EDUCATION
Video continues to be an effective, engaging and essential teaching tool,=20
despite the arrival of technologies like computers, DVDs and the Internet,=
=20
says a new report released by the Corporation for Public Broadcasting=20
(CPB). Television Goes to School: The Impact of Video on Student Learning=20
in Formal Education, prepared by EDC=92s (Education Development Center,=
Inc.)=20
Center for Children and Technology, presents data on video=92s impact on=20
student performance and offers practical tips and recommendations to help=20
broadcasters and educators connect video resources and learners with rich=20
standard-based content. CPB commissioned the report to support local public=
=20
television station=92s efforts to inform local policy makers on the=
important=20
role educational video continues to play in media-rich classroom=20
environments. CPB is distributing the report to public television stations=
=20
and educators around the country as well as other stakeholders and partners=
=20
in order to raise awareness.
The report is online at http://www.cpb.org/ed/resources/videoclassroom.html
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=3D353
(requires subscription)
INTERNET
LIBERAL NET RULES SPAWN POLITICAL ATTACK ADS
Federal Trade Commission interpretation of the Bipartisan Campaign Reform=20
Act of 2002, better known as the McCain-Feingold law, has created a double=
=20
standard for the Internet and other media. The Internet is exempt from the=
=20
law's "stand by your ad" requirement, so it has become a major medium for=20
distributing attack ads. This double standard is drawing scrutiny from=20
Congress. On Thursday, senators Ron Wyden (D-OR) and Lindsey Graham (R-SC)=
=20
introduced a bill to amend current law and require explicit candidate=20
endorsements embedded in any advertisement "which is transmitted through=20
the Internet." "Internet campaigning looks like the Wild West," said Sen=20
Wyden. "You go in, you sling your mud, hit below the belt, and get the heck=
=20
out of Dodge before anybody knows who did the dirty deeds. I think people=20
are going to do more of this, because the Net is where the accountability=20
rules don't apply yet."
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/2100-1028_3-5207277.html?tag=3Dnefd.lede
FTC TESTIMONY HIGHLIGHTS FILE-SHARING DANGERS
Speaking before the House Subcommittee on Commerce, Trade and Consumer=20
Protection, Howard Beales III, director of the FTC's Bureau of Consumer=20
Protection, said that file-sharing, or peer-to-peer, software can "expose=20
consumers to unwanted pornography, as well as games, videos and music that=
=20
may be inappropriate for children." The subcommittee is considering a bill,=
=20
introduced in Congress last year, that would require file-swapping=20
companies to get parental permission before allowing minors to use their=20
services. The bill, called the Protecting Children from Peer-to-Peer=20
Pornography (P4) Act and sponsored by Reps. Joe Pitts (R-PA) and Chris John=
=20
(D-LA) would require the FTC to regulate peer-to-peer networks and take=20
steps to ensure that children aren't accidentally coming across porn. The=20
bill's sponsors said as many as 40 percent of all files traded on the=20
networks are porn.
[SOURCE: C-Net|News.com, AUTHOR: Matt Hines]
http://news.com.com/2100-1025_3-5207254.html?tag=3Dnefd.top
AT THE FCC
TRENDS IN TELEPHONE SERVICE
The FCC released its Trends in Telephone Service report, which summarizes=20
in one convenient reference information published in various reports over=20
the course of the past year. The report provides answers to some of the=20
most frequently asked questions about the telephone industry asked by=20
consumers, members of Congress, other government agencies,=20
telecommunications carriers, and members of the business and academic=20
communities. Topics include: advanced telecommunications services, local=20
telephone competition, international calling, subscribership/household=20
expenditures and universal service.
The report can also be downloaded from the FCC-State Link Internet site at=
=20
www.fcc.gov/wcb/stats
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246951A1.doc
OPEN MEETING AGENDA
The FCC will hold an Open Meeting on the following subjects on Thursday,=20
May 13, 2004, which is scheduled to commence at 9:30 a.m. in Room TW-C305,=
=20
at 445 12th Street, S. W., Washington, D.C. 1) The Wireless=20
Telecommunications Bureau, Wireline Competition Bureau and the Consumer &=20
Governmental Affairs Bureau will present a progress report on number=20
portability implementation. 2) The Commission will consider an Eighth=20
Report and Order and Fifth Order on Reconsideration concerning local phone=
=20
competition. 3) The Commission will consider a Notice of Proposed=20
Rulemaking concerning unlicensed operation in the TV broadcast bands.=20
There's more at the URL below.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246980A1.doc
QUICKLY
PRIVACY AND SPEECH CONCERNS WITH DOMAIN NAME REGISTRATION LEGISLATION
Five civil liberties groups, including CDT, sent a letter asking the House=
=20
Judiciary Committee to consider the privacy and civil liberties impacts of=
=20
a bill that would expand penalties in copyright, trademark, and criminal=20
suits against Internet users who included false information in domain name=
=20
registrations. The groups asked the Committee to put off approval of the=20
bill until a hearing on its impacts on private domain name holders and on=20
protected speech online could be held.
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)
(CA) SENATE PANEL OKs E-VOTING BAN
Less than a week after Secretary of State Kevin Shelley decertified all=20
electronic-voting machines used in California, a state Senate committee=20
approved a bill that would ban the use of the machines in the Nov. 2=20
election. "Until we are totally confident in the reliability of=20
electronic-voting machines, they should not be used," Sen. Ross Johnson,=20
R-Irvine, told the Senate Elections and Reapportionment Committee.
[SOURCE: San Jose Mercury News, AUTHOR:Elise Ackerman]
http://www.mercurynews.com/mld/mercurynews/business/technology/8601825.htm
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Happy Mother's Day -- see you Monday.
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