Benton's Communications-related Headlines for March 12, 2004

FCC
"Always-On" Campaign for Consumers
FCC to Assess Whether Broadband Networks Are Being Made Available to =
All=20
Americans
FCC Eliminates Rules in Order to Expand Long Distance Competition
Rules to Eliminate Spam From Mobile Phones
Mandatory Minimum Information Sharing Requirements

BROADCASTING
Smut Bill Bashed as 'Bush' League
Thumbs Up For Digital-Only APTS Strategy

TELEPHONE REGULATION
Review of Phone Ruling Sought
NASUCA: End Prison Payphone Commissions

INTERNET
Satellite Seeks Broadband Re-Entry
More Web Sites Plan Ads Based on What Users Read

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. Headlines are compiled by=20
Kevin Taglang (ktaglang( at )etpost.net) -- we welcome your comments.

FCC

"ALWAYS-ON" CAMPAIGN FOR CONSUMERS
Commissioner Michael Copps called for an "always-on campaign for =
consumers"=20
in a speech at the Consumer Federation of America's 37th annual Consumer =

Assembly. Commissioner Copps stated: "Our Commission does not always =
put=20
consumers first. Sometimes we create the perception that we are perhaps =

more interested in protecting companies. I believe it is time to =
declare=20
at the FCC an 'always-on' and always aggressive campaign for=20
consumers." Commissioner Copps called for the following specific =
actions:=20
1) Protect consumers from false and confusing line items, 2) Make phone=20
rates transparent and comparable, 3) Reverse the decision to excuse=20
wireless carriers from giving service maps to consumers, 4) Give =
wireless=20
consumers the power to comparison shop and 5) Fight spiraling cable =
rates.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244855A2.pdf
See Also:
COPPS BEEFS ABOUT CABLE RATES
"Cable rates are soaring. What can we do? First, we need to understand =
how=20
media consolidation raises rates when we review mergers. Second, we need =
to=20
get serious about the reports Congress instructed us to conduct, and we=20
need to take our findings and turn them into action at the commission, =
or,=20
if more authority is needed, recommendations to Congress that would =
promote=20
competition for the benefit of consumers."
http://www.multichannel.com/article/CA403222?display=3DBreaking+News

FCC TO ACCESS WHETHER BROADBAND NETWORKS ARE BEING MADE AVAILABLE TO ALL =

AMERICANS
The FCC launched an inquiry into whether "advanced telecommunications=20
capability," or broadband, is being deployed to all Americans in a=20
reasonable and timely fashion. As broadband networks become vital to =
the=20
economy, healthcare, education, and other areas impacting the American=20
public, the Notice of Inquiry (NOI) adopted Thursday will analyze the=20
various market, investment and technological trends of broadband=20
deployment. In the NOI, the FCC seeks information consistent with the=20
framework utilized in past broadband reports, including: (i) how the=20
Commission should define advanced telecommunications capability (ii)=20
whether advanced telecommunications capability is being deployed to all=20
Americans (iii) whether the current level of broadband deployment is=20
reasonable and timely, and (iv) what actions, if any, can be taken to=20
accelerate broadband deployment. Additionally, extending its analysis=20
beyond the framework of previous broadband reports, the FCC seeks to=20
develop a factual record on: 1) Trends in other nations and how =
America's=20
deployment of advanced telecommunications capability affects its role in =
a=20
global economy, 2) The availability of advanced telecommunications=20
capability in different market segments and areas of varying densities, =
and=20
3) The economic considerations that support the deployment of advanced=20
telecommunications capability. As required by statute, the FCC will=20
conclude this NOI and issue its report to Congress within 180 days.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244841A1.pdf

FCC ELIMINATES RULES IN ORDER TO EXPAND LONG DISTANCE COMPETITION
The FCC eliminated certain "operate independently" rules Thursday=20
permitting the sharing of these limited internal functions that Baby =
Bells=20
and their long distance affiliates formerly had to separately perform. =
The=20
FCC hopes the action will provide efficiency gains that translate into=20
savings of millions of dollars in yearly operational costs that *likely* =

[emphasis added] will be passed on to the Baby Bells' long distance=20
consumers.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244842A1.pdf

RULES TO ELIMINATE SPAM FROM MOBILE PHONES
The FCC is asking for comments on how to best protect consumers and=20
businesses from the costs, inefficiencies and inconveniences of =
receiving=20
unwanted electronic mail messages on wireless devices such as mobile=20
phones. This action is in response to Congress' passage of the =
Controlling=20
the Assault of Non-Solicited Pornography and Marketing Act of 2003=20
(CAN-SPAM Act). The Commission is also seeking further comment on two=20
issues related to the restrictions under the Telephone Consumer =
Protection=20
Act (TCPA). For autodialed and artificial or prerecorded message calls =
to=20
wireless telephone numbers, the FCC seeks comment on the possibility of=20
instituting a "safe harbor" for telemarketers to allow them reasonable=20
opportunities to comply with the rules in the era of local number=20
portability. In addition, the Commission seeks comment on whether, as =
part=20
of its safe harbor, telemarketers should be required to update their=20
calling lists every 30 days using the national do-not-call registry, to =
be=20
consistent with a possible rule change by the Federal Trade Commission =
(FTC).
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244843A1.pdf

MANDATORY MINIMUM INFORMATION SHARING REQUIREMENTS
The FCC has asked for comments on whether it should impose mandatory=20
minimum information sharing requirements on all local and long-distance=20
telephone companies. The goal is to increase the accuracy of billing=20
information and decrease consumer complaints.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244844A1.pdf

BROADCASTING

SMUT BILL BASHED AS 'BUSH' LEAGUE
The broadcast indecency issue took another turn when Members of Congress =

from Howard Stern started to suggest that the legislation was intended =
to=20
silence the DJ because he is critical of President Bush and the=20
Administration. Rep Anthony Weiner (D-NY) said that Stern's removal from =

Clear Channel stations means that the election battleground states of =
Ohio=20
and Florida are losing a critic of the administration just as campaign=20
season begins. To their credit, many who rose to oppose the bill, which=20
passed the House 391-22, did so citing free speech concerns and media=20
ownership concentration.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton & Bill McConnell]
http://www.broadcastingcable.com/article/CA403077?display=3DBreaking+News=

(requires subscription)
Also See:
WP: House Acts To Boost Penalty for Indecency=20
http://www.washingtonpost.com/wp-dyn/articles/A51601-2004Mar11.html
WSJ: House Bill Boosts Indecency Fines=20
http://online.wsj.com/article/0,,SB107902863642752790,00.html?mod=3Dpolit=
ics%5Fprimary%5Fhs
USAToday: House passes tough indecent content bill=20
http://www.usatoday.com/usatonline/20040312/6000225s.htm
NYT: House Votes, 391-22, to Raise Broadcasters' Fine for Indecency=20
http://www.nytimes.com/2004/03/12/politics/12INDE.html

THUMBS UP FOR DIGITAL-ONLY APTS STRATEGY
With control of 21% of television spectrum, public TV feels it finally =
has=20
some leverage to win an endowed trust fund from Congress. Pubcasters are =

working on a proposal to turn their analog TV spectrum back to the=20
government early if they are promised a trust fund and cable and =
satellite=20
carriage. Getting to DOB would take years, with many hurdles, amounting =
to=20
an unprecedented test of public TV's cohesion and confidence in its=20
leadership. At the same time, the Association of Public Television =
Stations=20
(APTS) is asking PBS to require member stations to help support the=20
lobbying group. Behrens offers much more on how pubcasters are planning=20
their digital and financial future at the URL below.
[SOURCE: Current, AUTHOR: Steve Behrens]
http://www.current.org/federal/fed0404apts.shtml

TELEPHONE REGULATION

REVIEW OF PHONE RULING SOUGHT
In a rare move by the two, House Judiciary Committee Chairman F. James=20
Sensenbrenner Jr. (R-WI) and ranking minority member John Conyers Jr.=20
(D-MI) wrote a letter to U.S. Attorney General John Ashcroft asking the=20
Department of Justice to support the FCC in asking the Supreme Court to=20
review telephone competition rules overturned last week by the District =
of=20
Columbia U.S. Circuit Court of Appeals. "If access to the Bell =
companies'=20
local networks is no longer available - a result that this decision=20
threatens - millions of Americans will lose the ability to purchase =
service=20
from the local telephone provider of their choice," they wrote.
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-phones12mar12,1,75104.=
story?coll=3Dla-headlines-pe-business

NASUCA: END PRISON PAYPHONE COMMISSIONS
A new round of comments was filed this week in FCC Case 96-128, the=20
payphone proceeding, regarding inmate telephone service rates and=20
policies. The comments of the National Association of State Consumer=20
Advocates (NASUCA) urge the FCC to abolish "commissions" to states =
included=20
in the interstate rates of some prison telecom providers, and to =
consider=20
measures that would increase competition and lower rates for calls from=20
these truly captive customers. While some states and the District of=20
Columbia do not allow any commissions, other states use them to generate =

general revenue. For example, the State of New York earns over $20 =
million=20
per year in a 57.5% "commission" included in the rates and charges paid =
by=20
relatives and friends who receive the inmate calls.
[SOURCE: Public Utility Law Project (PULP) http://www.pulp.tc]
See NASUCA filing at:
http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=3Dpdf&id_do=
cument=3D6516082420=20

INTERNET

SATELLITE SEEKS BROADBAND RE-ENTRY
Satellite companies will begin reintroducing broadband services this=20
summer, targeting rural customers ignored by cable and DSL providers. =
The=20
companies have tried it before without much success. They offer slower,=20
more expensive service than broadband consumers are used to, but they =
feel=20
they cannot sit on the sidelines as cable and telephone companies bundle =

communication and entertainment services. "They're not looking to take =
over=20
DSL or cable mass market share," said Patrick Mahoney, a research =
analyst=20
at The Yankee Group. "They know it's not possible, but they know they =
want=20
a strong presence in the rural market."
[SOURCE: C-Net|News.com, AUTHOR: Jim Hu]
http://news.com.com/2100-1034_3-5172088.html?tag=3Dnefd_top

MORE WEB SITES PLAN ADS BASED ON WHAT USERS READ
Increasingly, web sites use "cookies" to track visitors' online behavior =
so=20
they can sell well-defined audiences to advertisers. From this =
information=20
and user-supplied personal information on location, gender, age and=20
occupation, sites can divide their audience into segments like =
mutual-fund=20
investors or travelers, and deliver ads accordingly. The ads are =
generally=20
rectangular "banners," or more complex animations. Web sites =
participating=20
in these ad programs include the New York Times, the Wall Street =
Journal,=20
Reuters, ESPN, Tribune Co, Belo Corp., and iVillage.
[SOURCE: Wall Street Journal, AUTHOR: Carl Bialik at =
carl.bialik( at )wsj.com]
http://online.wsj.com/article/0,,SB107901691306352597,00.html?mod=3De%2Dc=
ommerce%5Fprimary%5Fhs
(requires subscription)
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...and we're outta here. Kevin Taglang is away on assignment next week;=20
expect Headlines from Norris Dickard. Have a great weekend.
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