Benton's Communications-related Headlines for 9/10/04

=20
Birthday, Cassidy!)

A House subcommittee will hear testimony on the The Effect of Television=20
Violence on Children Monday in Chicago. For this and other upcoming media=20
policy events, see http://www.benton.org/calendar.htm

NEWS FROM THE FCC (eight stories in a special hard-to-read format)
A Big Win for Children=92s Programming
FCC Insists Broadband Deployment Improving
LPTV Gets DTV Green Light
FCC Economist: Supercharge Ferree=92s DTV Plan With Incentives
Spectrum for Advanced Wireless Services
Reducing the Time Interval for Number Porting Between
Wireline and Wireless Carriers
State of Competition in the Wireless Industry
FCC Launches New "Kidszone"

NEWS FROM THE FTC
Election Board Restricts Ads for Anti-Kerry Film

MORE ABOUT TELEVISION
Government Hungry for TV's Airwaves
On Iraqi TV, a Welcome Take on Reality

TELEPHONY
Ex-FCC Lawyer Warns About Phone Rules

NEWS FROM THE FCC

#1 -- A BIG WIN FOR CHILDREN'S PROGRAMMING
The FCC adopted new rules regarding the obligation of television=20
broadcasters to serve children in their audience, unanimously adopting=20
requirements that broadcasters air three hours of children's programming=20
on their core digital channel, as well as another three hours for every=20
free digital multicast channel they decide to program. The revised=20
guideline provides flexibility to broadcasters that multicast by permitting=
=20
them the choice whether to air core programming on a single or multiple=20
channels provided that at least three hours per week are shown on their=20
main channel. The Order concludes that to count under the processing=20
guidelines, a program should not be preempted more that 10% of the=20
time. The Order amends the Commission's rules regarding on-air=20
identification of core programming to require both analog and digital=20
broadcasters to identify this programming by displaying the symbol E/I=20
throughout the program.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251972A1.doc

STATEMENTS BY COMMISSIONERS
* Powell: This Commission is committed to serving the educational needs of=
=20
our nation's youth. Not only are our children the cornerstone of our=20
future, but they will, too, be the torch bearers that bring today's digital=
=20
migration into tomorrow's digital reality
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251972A2.doc
* Abernathy: As a country, we have always protected, nurtured and educated=
=20
our children. We recognize they are a precious resource, and that our=20
future as a nation is inextricably intertwined with their future. That is=
=20
why today we embrace a regulatory framework that recognizes the significant=
=20
role media plays in shaping and educating our children. Today we look to=20
the future and the many benefits, as well as potential harms, that are=20
inherent in our digital migration. Today, we ensure that children will=20
benefit from an increase in educational and information (E/I) programming,=
=20
that such programming will be easier for parents to find, and that the=20
regulations we have in place to protect children from=20
over-commercialization cannot be circumvented by new technologies.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251972A3.doc
* Copps: All of the steps we take today, however, will be meaningless=20
unless the Commission enforces its rules. As we enter a new license=20
renewal cycle, we must take seriously our obligation to ensure that=20
broadcasters are meeting their responsibilities under the Children's=20
Television Act. To this end, the Commission commits to seeking public=20
comment and issuing a report on how well we are meeting Congress'=20
objectives. We have further committed to a follow-up proceeding to make=20
certain that we continue to protect children as technology advances. So=20
an important outcome here is that we make these children's television=20
obligations part of a living, ongoing process, regularly monitored and=20
reported and open to new actions as the digital transition occurs. All of=20
these steps are important to guarantee that we do not return to a time when=
=20
G.I. Joe, Mighty Morphin Power Rangers, America's Funniest Home Videos, the=
=20
Jetsons, and the Flintstones were held up as examples of programs that met=
=20
the educational and informational needs of children.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251972A4.doc
* Martin: Parents often complain that there is not enough broadcast=20
programming that is suited for family viewing. This is why I have long=20
advocated a return of the Family Viewing Hour. While the new guidelines we=
=20
adopt today may not increase the amount of programming that appeals to the=
=20
whole family, it is certainly a step in the right direction for parents and=
=20
their children. It is my hope that broadcasters take advantage of=20
improvements in technology and compression to devote even more time and=20
ingenuity to family or children's programming.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251972A5.doc
* Adelstein: There is much more work to do to provide broadcasters and the=
=20
public with certainty regarding the entirety of their public interest=20
obligations in the digital era. I welcome what I expect will be an equally=
=20
constructive dialogue on resolving how the remaining public interest=20
obligations translate to digital. The high level of cooperation in this=20
proceeding bodes well for also achieving consensus on the broader public=20
interest examination in the weeks to come.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251972A6.doc

REACTION TO THE RULING
* Children Now Praises FCC for New Educational Television Rules
Children Now is pleased that the FCC has established digital public=20
interest obligations that will improve the television environment for both=
=20
children and parents. While we are gratified by much of today's ruling, we=
=20
remain concerned about protecting children from the potential harms of=20
interactive advertising.
http://www.childrennow.org/newsroom/news-04/pr-09-09-04.cfm
* National Association of Broadcasters:
NAB recognizes that providing children's educational programming is one of=
=20
many ways that a television broadcaster fulfills its public interest=20
obligation. However, it is unfortunate the FCC would adopt new digital=20
television mandates before completing its reconsideration of whether cable=
=20
operators are required to actually pass through that programming to=20
viewers. The hard reality is this: Absent a strong DTV multicast carriage=20
rule for cable, there will be less incentive for broadcasters to create new=
=20
educational shows for children and other public interest programming. NAB=20
urges the Commission to fulfill the intent of Congress and ensure that=20
cable operators allow all free DTV broadcast programming flow to consumers."
http://www.nab.org/Newsroom/PressRel/statements/090904childrensdtv.htm
* Common Cause: FCC proposes advances for children's TV, but must do more
These reforms cannot end with proposals benefiting children. FCC Chairman=20
Michael Powell and the FCC now must move to ensure that broadcasters also=20
serve the interests of the nation's citizens, by airing public affairs and=
=20
electoral coverage that enables viewers to participate in
their democracy.
http://www.commoncause.org/news/default.cfm?ArtID=3D386

ADDITIONAL COVERAGE OF THE STORY
* FCC Adopts Digital Kids Programming Rules
http://www.tvweek.com/news.cms?newsId=3D6264
* FCC Expands Kids' TV Obligations
http://www.broadcastingcable.com/article/CA451711?display=3DBreaking+News
* FCC Slaps Kids=92 Quotas on DTV Stations
http://www.multichannel.com/article/CA451915?display=3DBreaking+News
* Kids TV Rules OKd by FCC
http://www.latimes.com/business/printedition/la-fi-kids10sep10,1,6031926...
ry?coll=3Dla-headlines-pe-business

#2 -- FCC INSISTS BROADBAND DEPLOYMENT IMPROVING
A new FCC report found that U.S. high-speed Internet lines had tripled to=20
28.2 million by the end of 2003 from June 2001, but the country at best was=
=20
10th place in international rankings down from fourth. FCC Commissioner=20
Michael Copps said the agency had failed to establish a coherent policy for=
=20
broadband, sacrificing the nation's rank. He also noted that service was as=
=20
cheap as $10 a month in Japan for 8 megabits a second versus $30-$50 for=20
1-3 megabits in the United States. "Our economy and our future are going to=
=20
be driven by how quickly and how well we get this technology out to all of=
=20
our people," Copps said. "I think our efforts are insufficient and that=20
broadband deployment is insufficient." FCC Chairman Michael Powell argued=20
that U.S. consumers have many more options to get high-speed Internet=20
service, which was critical to meeting the 2007 goal, and disputed the=20
importance of the rankings. "What matters to us most importantly is whether=
=20
our citizens and our country are growing at a rapid rate," said Chairman=20
Powell. "There are very, very different circumstances in those countries=20
that I would never want to repeat here." "This report will serve as a=20
milestone that we have indeed turned the corner in the digital migration,"=
=20
he said.
[SOURCE: Reuters, AUTHOR: Jeremy Pelofsky]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DTFV0CZET5RH40CRBAE...
Y?type=3DtechnologyNews&storyID=3D6196674
* FCC Press Release:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251959A1.doc
* Availability of Advanced Telecommunications Capability in the United=20
States (4th Report to Congress)
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-208A1.pdf
* FCC Says U.S. Getting its Broadband Act Together
http://news.com.com/FCC+says+U.S.+getting+its+broadband+act+together/210...
34_3-5360610.html?tag=3Dnefd.hed

STATEMENTS BY COMMISSIONERS
* Powell Press Statement:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251959A2.doc
* Powell: Americans deserve information at the speed of light=97and it is=
the=20
country=92s next challenge to deploy a network that is at least as capable=
as=20
any other nation=92s. The Commission=92s role=97and my mission=97is to=
continue to=20
champion and facilitate higher-speed, more capable platforms that can run=20
the applications of tomorrow.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251972A2.doc
* Abernathy: The vast majority of Americans now have access to broadband=20
services. And the divide between urban and rural areas, and between=20
high-income and low-income populations, is shrinking dramatically. While=20
the overall rate of subscription to broadband services lags far behind the=
=20
availability of such services, our job as regulators is to make sure=20
consumers have the opportunity to purchase broadband services.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251959A4.pdf
* Copps: One glaring fact stands out: the United States is ranked eleventh=
=20
in the world in broadband penetration! This Report somehow finds that this=
=20
is acceptable, and that our efforts are resulting in timely deployment. I=20
think our efforts are insufficient and that broadband deployment is=20
insufficient, so I dissent to this Report.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251959A5.pdf
* Martin: We should move forward on several pending proceedings to help=20
spur continued broadband deployment. Regulatory uncertainty and delay=20
function as entry barriers, limiting investment and impeding deployment of=
=20
new services.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251959A6.pdf
Adelstein: While we continue to improve this Report, it ultimately remains=
=20
hindered by the lack of critical data that would allow us to gauge more=20
accurately and comprehensively broadband availability. Despite longstanding=
=20
acknowledgement of the limitations of the overbroad zip code data, we again=
=20
make conclusions about critical segments of our population without all the=
=20
facts. Given that lack of information, strong indications that we are=20
trailing in the global marketplace, and the importance of broadband to our=
=20
overall economic health, I cannot conclude that broadband deployment is=20
reasonable and timely.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251959A7.pdf

#3 -- LPTV GETS DTV GREEN LIGHT
2,100 low-power TV stations -- many of which are community-run,=20
minority-targeted or religious channels -- and some 4,700 translators got a=
=20
better idea from the FCC how they will fit in the overall transition to=20
digital broadcasting. Under the new rules, the low-powers will have most of=
=20
the same opportunities for ancillary and supplementary services as=20
full-power stations. So long as the LPTV's provide a free service with some=
=20
of their digital spectrum, they will also be able to offer multicast on the=
=20
rest of their spectrum allotment. Low Powers will be able to "flash cut"=20
immediately to digital service on their existing channel, or apply for a=20
second digital channel to run side-by-side with their analog, as almost all=
=20
full-powers are doing. "Flash cut" applications can be made almost=20
immediately, while applications for a second channel will be accepted in=20
two filing windows--the first for incumbents, the second for newcomers. The=
=20
FCC has yet to set dates for those. Incumbent filings will be accepted on a=
=20
first-come, first-served basis, while all mutually exclusive applications,=
=20
which are far more likely in the second window, will be settled by auction.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton ]
http://www.broadcastingcable.com/article/CA451883?display=3DBreaking+News
(requires subscription)
FCC News Release:=20
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251978A1.doc
See more about the digital TV transition in "Government Hungry for TV's=20
Airwaves" below.

#4 -- FCC ECONOMIST: SUPERCHARGE FERREE'S DTV PLAN WITH INCENTIVES
Senior FCC Economist Evan Kwerel thinks some broadcasters should receive=20
compensation for returning analog TV spectrum before the 2009 date now=20
being proposed by the FCC. =93The market on its own is just not doing it,=94=
=20
Mr. Kwerel said of the transition. =93We=92re going to have to find a good=
way=20
to compensate the losers,=94 over-the-air only viewers as well as affected=
=20
broadcasters. =93We really need to compensate broadcasters to clear out=20
sooner=94 than a proposed 2009 hard deadline.=94 Licensees would be lured to=
=20
early spectrum relinquishment with vouchers whose values would depend on=20
the auction outcomes. Those that balked would simply lose their analog=20
spectrum when the hard stop arrived. The set-up aims to solve a =93strategic=
=20
holdout=94 problem similar to that in property development, Kwerel said:=20
Holders of parcels, real or virtual, have every motive to boost their sale=
=20
prices by holding out as long as possible in the face of a big, definite=20
transition. There is also the =93free rider=94 problem, he said, wherein=20
interference induces would-be occupants of a channel to lie back while=20
others bear the costs of clearing adjacent channels. These scenarios=20
complicate freeing up the spectrum for new-technology uses, notably WiMax=20
wireless broadband.
[SOURCE: Communications Daily, AUTHOR: Louis Trager]
(Not available online)

#5 -- SPECTRUM FOR ADVANCED WIRELESS SERVICES
The FCC provided an additional twenty megahertz of spectrum that can be=20
used to offer a variety of broadband and advanced wireless services (AWS),=
=20
potentially including "third generation" (3G) wireless services. The=20
Commission allocated and paired five-megahertz blocks of spectrum for AWS=20
use. The Commission believes this will benefit the public by fostering the=
=20
development of new wireless services that will provide American consumers=20
with additional communications options and capabilities. In a companion=20
action, the Commission asked for public comment on licensing, technical,=20
and operational rules to govern the use of the bands designated for AWS.=20
The Commission announced its desire to provide licensees of this spectrum=20
with flexibility to provide any fixed or mobile service consistent with the=
=20
technical parameters of the allocation, and proposed to license the=20
spectrum under Part 27 of the Commission's rules, which provides a=20
flexible, market-oriented regulatory framework.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251982A1.doc
See also:
FCC Frees Up Spectrum for 3G
http://news.com.com/FCC+frees+up+spectrum+for+3G/2100-1039_3-5360496.htm...
g=3Dnefd.top

#6 -- REDUCING THE TIME INTERVAL FOR NUMBER PORTABILITY BETWEEN WIRELINE=20
AND WIRELESS CARRIERS
The FCC started a proceeding asked for comment on a proposal by the North=20
American Numbering Council (NANC), the FCC's advisory committee on=20
numbering issues, for reducing the time interval for porting numbers=20
between wireline and wireless carriers, or intermodal porting. The NANC=20
proposes to reduce the intermodal porting interval by almost 45%, from 96=20
hours to 53 hours. The Notice also seeks comment on alternative mechanisms=
=20
for reducing the intermodal porting interval, and on whether certain=20
classes of carriers, including small and rural carriers, should be exempt=20
from any requirement to provide a shorter porting interval. Additionally,=
=20
the Notice seeks comment on related implementation issues.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251961A1.doc

#7 -- STATE OF COMPETITION IN THE WIRELESS INDUSTRY
The FCC has adopted its Ninth Annual Report to Congress on the state of=20
competition in the commercial wireless industry, concluding that there is=20
effective competition based on the analysis of several measures including:=
=20
1) the number of carriers competing in an area, 2) the extent of service=20
deployment, 3) prices, 4) technological improvements and product=20
innovations, 5) subscriber growth, 6) usage patterns, 7) churn, and 8)=20
investment. The Commission reviewed competitive market conditions using a=
=20
framework that groups indicators of the status of competition into four=20
categories: market structure; carrier conduct; consumer behavior; and=20
market performance.
See key findings at the URL below.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251981A1.doc
CTIA: Annual FCC Report Proves Market is the Best Regulator for Wireless=20
Industry
http://www.ctia.org/news_media/press/body.cfm?record_id=3D1428

#8 -- FCC LAUNCHES NEW "KIDSZONE"
The FCC unveiled the latest addition to its award-winning Web site, an=20
interactive, high tech site designed to engage children and teens in grades=
=20
K through 12. "Kidszone" is hosted by Broadband the Cat and features=20
lively graphics and sound. It is found at www.fcc.gov/kidszone. Kids can=
=20
explore questions like: What is 911? How does a cell phone work? What do=20
the numbers in a phone number do? Why will Commissioner Adelstein be out of=
=20
work in November? What is the difference between AM radio and FM radio?=20
What is "wireless cable"? Why is the 555 exchange used on television shows?=
=20
What is Broadband? Why do we allocate precious spectrum to fixed services=20
like TV? What is unacceptable language for radio and television? Why do all=
=20
FM radio stations end in an odd number? How does a fax machine work? Will=20
all this be on the mid-term? ...and much, much more.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251992A1.doc

NEWS FROM THE FTC

ELECTION BOARD RESTRICTS ADS FOR ANTI-KERRY FILM
The Federal Election Commission on Thursday denied a request by an=20
independent advocacy group to use unregulated contributions to pay for=20
television and radio commercials promoting a documentary and a book=20
critical of Senator John Kerry. The group, Citizens United, had hoped to=20
get around restrictions in new campaign finance laws that prevent=20
organizations from running commercials that mention a candidate within 60=20
days of the general election if the commercials are financed with unlimited=
=20
soft money contributions from corporations or labor unions. The group=20
argued that it was part of the news media and could therefore take=20
advantage of an exemption that allows news, commentary and editorial=20
content to run freely around elections. But the commission voted 4 to 0 to=
=20
approve an advisory saying that the group did not qualify.
[SOURCE: New York Times, AUTHOR: Glen Justice]
http://www.nytimes.com/2004/09/10/politics/campaign/10money.html
(requires registration)

MORE ABOUT TELEVISION

GOVERNMENT HUNGRY FOR TV's AIRWAVES
Concerned about the slow transition from analog to digital television, some=
=20
members of Congress have proposed that the government simply seize by Jan.=
=20
1, 2007, the signals of about 75 local analog TV broadcasters that use=20
channels 63, 64, 68 and 69 -- the frequencies that would be most convenient=
=20
for public safety officials. Another proposal, backed by the FCC, would set=
=20
a deadline of 2009 for all broadcasters to give up their analog channels.=20
While that is technically a two-year extension of the current law, the new=
=20
proposal would make it difficult for the broadcasters to further delay the=
=20
turnover. The conversion would free large segments of the broadcast=20
spectrum for emergency services in major metropolitan areas. The 9/11=20
Commission concluded that emergency communications were crippled by the=20
sudden spike in cell phone calls in the hours immediately after the=20
terrorist attacks, and it called on Congress to pass legislation that would=
=20
take some of the spectrum back from broadcasters.
[SOURCE: Washington Post, AUTHOR: Christopher Stern]
http://www.washingtonpost.com/wp-dyn/articles/A9785-2004Sep9.html
(requires registration)

ON IRAQI TV, A WELCOME TAKE ON REALITY
What is TV like in Iraq? On a new channel there, al-Sharqiya, reality TV is=
=20
really about, well, reality. And Iraqis don't have to invent situations=20
that test their fears or survival skills. Read about what they are seeing=20
at the URL below.
[SOURCE: Washington Post, AUTHOR: Jackie Spinner]
http://www.washingtonpost.com/wp-dyn/articles/A9883-2004Sep9.html
(requires registration)

TELEPHONY

EX-FCC LAWYER WARNS ABOUT PHONE RULES
Former FCC General Counsel Bruce Fein, now a Washington lawyer who has=20
represented Bell competitors, said in a letter that the agency should=20
quickly adopt simple interim telephone competition rules that would make=20
the rules "bulletproof" from a pending court challenge by regional Baby=20
Bell phone companies. "The last thing the telecommunications industry needs=
=20
is additional legal chaos or tumult," Mr. Fein wrote in his letter to FCC=20
General Counsel John Rogovin. He also urged the agency to move quickly in=20
order to dispel concerns that it acted cynically. Some in Washington, he=20
wrote, suspect that the FCC adopted a set of rules that, on one hand,=20
satisfied the White House's desire to avoid price increases until after the=
=20
election and, on the other, catered to the Bells by issuing an order=20
vulnerable to court attack.
[SOURCE: Los Angeles Times, AUTHOR:James Granelli]
http://www.latimes.com/business/printedition/la-fi-fcc10sep10,1,4057752....
y?coll=3Dla-headlines-pe-business
(requires registration)
See also:
Wholesale SBC Rate Hike Likely
http://www.latimes.com/business/printedition/la-fi-puc10sep10,1,5228226....
y?coll=3Dla-headlines-pe-business
----------------------------------------------------------------------------=
-------
Just a little light reading for your weekend. See ya Monday.
----------------------------------------------------------------------------=
--------
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.
--------------------------------------------------------------