Benton RSS Feed

July 27, 2005

For upcoming media policy events, see http://www.benton.org/calendar.htm

THE BROADBAND CONSUMER CHOICE ACT OF 2005 -- The big telecom policy news=20
item of the day is the introduction of a reform bill by Sen John Ensign=20
(R-NV). There's a good deal of coverage and reaction to the bill. We open=
=20
with a quick summary of the bill and links to it and some reaction from Sen=
=20
John Kerry (D-MA). More reaction than you can shake a stick at (unless, of=
=20
course, you are a professional stick shaker) follows at the bottom of this=
=20
email.

Senator Unveils Bill that Aids Phone Carriers
Sen. Kerry Lauds Push To Bring More Competition In Video Services
Kerry Urges Return of Analog Spectrum

BROADCASTING
Activists Push CPB Transparency
Sacramento Pubcaster Criticized over Show Sponsors
Hill Hears Emergency Alert Update
Payola or No, Edge Still to the Big
New Latin American Television Network Telesur Officially Launched

MERGERS
Cable Merger Dissent Grows
NARUC Urges Careful Review of Mega-Mergers
DreamWorks SKG May Go to Universal
France Telecom Agrees To Buy 80% Stake In Spain's Amena

POLICYMAKERS
Margie Leaving FCC
Education Tech Chief is Stepping Down

QUICKLY -- An Online Artist Challenges Obscenity Law; Content Ratings=20
System Runs Adrift; Burns May Re-Assess (Nielsen) Ratings Bill; NAB, CEA=20
Assume Position on Tuners; Entravision Fined For Program Guide Snafu;=20
Standards for Digital Films; E-mail is for Older People; Elderly Lose=20
Millions to Internet Scams; 'Reality' TV Changes Reality;

REACTION TO ENSIGN BILL
Telecom Act Rewrite -- I've Always Depended on the Kindness of Monopolies
New Legislation Could Cost Consumers, Warns CU
CompTel Comments on "Broadband Investment and Consumer Choice Act"
Industries Laud Ensign Bill As Recognition Of New Reality
Wireless Industry Commends Deregulatory Approach
ITI Welcomes Ensign Telecom Reform Bill
NCTA Responds to Ensign Bill
NTCA Reacts to Introduction of Telecom Legislation by Senator Ensign
An Historic Communications Reform Landmark
USTelecom Applauds Proposed Senate Legislation Updating U.S. Telecom Laws

THE BROADBAND CONSUMER CHOICE ACT OF 2005

SENATOR UNVEILS BILL THAT AIDS PHONE CARRIERS
Legislation aiding telephone companies in their efforts to provide video=20
and other high-speed data services was proposed on Wednesday by Sen. John=
=20
Ensign (R-NV), who said his goal is to boost competition. Sen Ensign,=20
Chairman of the Senate Commerce subcommittee on Technology, called his=20
72-page bill a starting point as Congress considers overhauling the 1996=20
Telecommunications Act, which aimed to promote competition in voice=20
services. Under the bill companies that want to offer video services would=
=20
no longer have to get permission from local or state officials, a boon to=
=20
companies like Verizon Communications and SBC Communications, which are=20
rolling out video services. The measure, co-sponsored by former Senate=20
Commerce Chairman John McCain (R-AZ), would also 1) eliminate in 2011=20
requirements that the four big local telephone companies, known as the Baby=
=20
Bells and including Verizon and SBC, resell their phone service to other=20
competitors at regulated rates or make parts of their existing copper=20
networks available to competitors; 2) prevent companies from limiting where=
=20
consumers surf on the Internet as well as ensure Internet phone service=20
cannot be blocked by broadband providers; and 3) allow local and state=20
authorities to collect up to 5% of gross revenue from pay television=20
services and local governments could continue managing rights of ways.=20
Under the bill, local governments wishing to provide broadband service to=
=20
residents must allow an "open bidding process" in which private companies=
=20
may participate. The bill says that neither state regulators nor the=20
Federal Communications Commission may set rates and prices for=20
communications service; direct-to-home satellite service would also be=20
immune from price regulation.
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2005-07-27T204427Z_01_N27284288_RTRIDST_0_NET-TELECOMS-CONGRESS-DC.XML
* Bill launched to overhaul broadband rules
http://news.com.com/Bill+launched+to+overhaul+broadband+rules/2100-1036_...
807278.html?tag=3Dnefd.top
* Ensign Files Bill To Deregulate Both Phone And Cable Markets
http://www.njtelecomupdate.com/lenya/telco/live/tb-TMZF1122495372234.html
* Ensign Intros Franchise-Buster Bill
http://www.broadcastingcable.com/article/CA630147?display=3DBreaking+News=
=20
&referral=3DSUPP
(free access for Benton's Headlines subscribers)

Press release from Sen Ensign: http://ensign.senate.gov/record.cfm?id=3D241=
592&
Text of bill: http://www.baller.com/pdfs/Ensign_bill_7-27-05.pdf
Sen Ensign's Floor Statement: http://www.baller.com/pdfs/Ensign_Remarks.pdf
Summary from Baller Herbst Law Group:=20
http://www.baller.com/pdfs/Ensign_Summary.pdf

SEN KERRY LAUDS PUSH TO BRING MORE COMPETITION IN VIDEO SERVICE
Bell telephone companies angling to offer television services to compete=20
with the cable industry won a strong endorsement Wednesday from one of the=
=20
nation's most prominent Democrats: Sen. John Kerry of Massachusetts. The=20
lawmaker, who is said to be considering another run for the presidency in=
=20
2008, praised the efforts of SBC Communications and Verizon Communications=
=20
during a speech on telecommunications reform at an event sponsored by The=
=20
New Republic magazine. "This decision [to offer service] provides a promise=
=20
of enhanced competition in the video market," he said, without mentioning=
=20
either company by name. "We should encourage the development and seek=20
balance between competing interests." Nevertheless, Kerry told reporters=20
that he shares the concerns of a fellow Massachusetts Democrat, Rep. Edward=
=20
Markey, that both firms are bypassing lower-income and minority=20
neighborhoods in their initial rollouts of video service.
[SOURCE: Technology Daily, AUTHOR: David Hatch]
http://www.njtelecomupdate.com/lenya/telco/live/tb-BTFE1122501106395.html
* Kerry Urges Return of Analog Spectrum
Additional items covered in Sen Kerry's speech: he advocated getting the=20
DTV switch done so broadband could get on with revolutionizing: "Congress=
=20
must complete the DTV transition, free up the 700 MegaHertz band, and allow=
=20
competition to flourish," he said. "We can free spectrum as part of the DTV=
=20
transition to unleash new wireless technologies," he said. "Why not let the=
=20
established firms, municipalities, entrepreneurs and innovators take that=
=20
analog spectrum to develop advanced wireless technologies? Allowing a=20
piece of that spectrum to operate without license should be explored.".
[SOURCE: Broadcasting&Cable, AUTHOR: ]
http://www.broadcastingcable.com/article/CA630047?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

BROADCASTING

ACTIVISTS PUSH CPB TRANSPARENCY
In a letter to Corporation for Public Broadcasting Chairman Ken Tomlinson=
=20
and the board Wednesday, leading media reformers asked the board to support=
=20
a number of resolutions at its Sept. 19-20 board meeting. They include: 1)=
=20
Not letting the chairman approve any outside contract without the board's=
=20
knowledge and approval (directed at Tomlinson's now-controversial hiring of=
=20
a consultant to gauge bias in noncom shows); 2) Not hiring somebody to=20
gauge the bias in noncom shows on public broadcasting without first=20
informing public broadcasting you're doing it; 3) Streaming, televising or=
=20
otherwise making its board meetings available in real time to the public,=
=20
and then archived for later perusal; 4) Making time for public comment at=
=20
open meetings and providing sufficient notice; and 5) Making any board=20
member conflict of interest statements available online. The letter's=20
signatories included Jeff Chester (Center for Digital Democracy), Chellie=
=20
Pingree (Common Cause), Josh Silver (Free Press), Mark Cooper (Consumer=20
Federation of America), Jonathan Rintels (Center for Creative Voices in=20
Media), and Alex Nogales (National Hispanic Media Coalition).
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA630096?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
* See Free Press press release & text of letter
http://www.freepress.net/press/release.php?id=3D84
* CPB chairman Tomlinson failed to refute NY Times' "false" charges against=
him
http://mediamatters.org/items/200507270004

KVIE SHOW CRITICIZED OVER ITS SPONSORS
A 40-member coalition of food safety groups, environmentalists and=20
anti-biotech organizations is demanding that a Sacramento public television=
=20
station withdraw its national weekly TV series on U.S. food production=20
scheduled to debut in September. The groups claim that sponsorship of=20
"America's Heartland" by agricultural biotechnology giant Monsanto Co., the=
=20
American Farm Bureau Federation and other national farm organizations will=
=20
present viewers "biased" programming favoring genetically engineered crops=
=20
and other conventional farming methods.
[SOURCE: Sacramento Bee, AUTHOR: Jim Wasserman]
http://www.sacbee.com/content/business/story/13299668p-14141953c.html

HILL HEARS EMERGENCY ALERT UPDATE
Federal officials told lawmakers Wednesday that they plan to have the=20
transmission =93backbone=94 in place by fall 2006 for upgrading the emergen=
cy=20
alert system for the digital age. The traditional backbone has been=20
broadcasters, but the new aim is to create a system capable of transmitting=
=20
weather, terrorism, or other emergency alerts to cell phones, PDAs, and=20
personal computers in addition to the TVs and radios that get them today.=
=20
FEMA National Security Coordinator Reynold Hoover said that the system is=
=20
still being designed and that he didn't anticipate a long delay between=20
when the system architecture is fully mapped out and when it can be=20
implemented. He noted that design of the system, dubbed IPAWS for=20
Integrated Public Alert Warning System, is moving on a parallel track as an=
=20
FCC rulemaking examining possible telecom rule changes necessary to=20
implement it. The FCC is trying to determine to what extent participation=
=20
in the new system should be mandatory. Currently, broadcast stations must=
=20
be equipped to retransmit emergency message from the President but=20
inclusion of additional alerts is voluntary.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA630071?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

PAYOLA OR NO, EDGE STILL TO THE BIG
Even within tighter payola restrictions, the major labels simply have more=
=20
money and manpower to wheedle programmers into adding their music to=20
broadcast play lists. The big players, far more so than their independent=
=20
rivals, also have the wherewithal to build demand for their acts by=20
subsidizing their tours and record-store advertising, producing music=20
videos and landing them on television shows. This imbalance in resources=20
accounts, in part, for the disparity between sales and airplay in the music=
=20
business. The independent sector, which includes hundreds of labels that=20
may specialize in genres from polka music to speed metal, and that sell=20
music directly or through one of the bigger companies' distribution arms,=
=20
accounted for an estimated 18 percent of new album sales in the United=20
States so far this year, according to Nielsen SoundScan. Their combined=20
share of the industry, as measured by these sales, is larger than that of=
=20
two of the four big companies, Warner Music Group and EMI Group. The=20
independents, however, command a far smaller share of the limited slots on=
=20
play lists in major radio formats, as the Top 40 chart illustrates. In=20
addition, music executives say, even without reforms, radio programmers are=
=20
likely to rely heavily on listener research (usually built around telephone=
=20
polling, a method many label executives believe is flawed) in determining=
=20
their play lists.
[SOURCE: New York Times, AUTHOR: Jeff Leeds]
http://www.nytimes.com/2005/07/28/arts/music/28musi.html
(requires registration)

NEW LATIN AMERICAN TELEVISION NETWORK TELESUR OFFICIALLY LAUNCHED
Some are calling it Latin America's al Jazeera. This weekend, a coalition=
=20
of leftist governments, media outlets and movements, led by Venezuela,=20
officially launched Telesur - a new Latin America-wide satellite TV=20
network. Just after noon on Sunday, Telesur began broadcasting a pilot=20
service from studios in Caracas with a team of 25 journalists in nine=20
regional bureaus presenting news "from a Latin American perspective." The=
=20
channel's first news program began with a critical report on the failure of=
=20
the humanitarian mission in Haiti followed by a story on the plight of=20
refugees in Colombia. The station is being launched with help from other=20
Latin American governments including Argentina, Cuba and Uruguay. The=20
driving force has been Venezuelan President Hugo Chavez, whose government=
=20
has contributed 70 percent of Telesur's financing and owns 51 percent of=20
the channel. The channel's board members include a group of international=
=20
supporters including the actor Danny Glover, the writer Tariq Ali and Nobel=
=20
Peace Prize winner Adolfo Perez Esquivel. But even before its launch,=20
Telesur was being attacked in Washington. Last week the House passed an=20
amendment calling for the U.S. to begin broadcasting its own channel into=
=20
the region to counter Telesur. Chavez responded by saying, "we will take=20
measures to neutralize the attempt, and what we will have is a kind of=20
electronic warfare."
[SOURCE: Democracy Now!]
http://www.democracynow.org/article.pl?sid=3D05/07/26/1419255
* Danny Glover: Latin station won't demonize U.S.
http://edition.cnn.com/2005/WORLD/americas/07/26/venezuela.channel.ap/

MERGERS

CABLE MERGER DISSENT GROWS
The public outcry over media consolidation may be picking up steam, judging=
=20
from a flood of comments that poured into the Federal Communications=20
Commission this week. The agency received some 10,000 e-mails Wednesday=20
objecting to the acquisition of Adelphia Communications by the nation's two=
=20
leading cable TV providers -- Time Warner and Comcast. FCC officials say=20
the outpouring of disapproval was unusual for a media merger and was more=
=20
commonly associated with issues such as media ownership. Free Press, the=20
Northhampton, Mass.-based advocacy group that organized this week's e-mail=
=20
campaign, maintains that the deal would lead to "higher consumer rates and=
=20
lower quality service," according to a form letter it encouraged its=20
members to send the FCC. Since passage of the Telecommunications Act of=20
1996, when cable was deregulated, "consumers have seen their rates jump an=
=20
average of 59%," the letter stated. Free Press, whose mission is to involve=
=20
the public in media policymaking, sent e-mails this week urging its 210,000=
=20
members to object both to the Adelphia transaction and to any further=20
easing of cable ownership rules, spokesman Craig Aaron said. As of late=20
Wednesday, the FCC had received more than 14,000 comments from the public=
=20
objecting to further deregulation of the cable industry, which the=20
commission will soon consider.
[SOURCE: Los Angeles Times, AUTHOR: Sallie Hofmeister]
http://www.latimes.com/business/printedition/la-fi-adelphia28jul28,1,688...
7.story?coll=3Dla-headlines-pe-business
(requires registration)
* Here's the link to the FP online tool for filing comments:
http://www.freepress.net/fcc/comment.php?d=3D92-264

NARUC URGES CAREFUL REVIEW OF MEGA-MERGERS
Meeting is Austin this week, the National Association of Regulatory=20
Utilities Commissioners (NARUC) adopted resolutions Wednesday that call for=
=20
careful federal review of pending telecom mega-mergers, and suggest a=20
general extension or carrier-specific waivers of a year-end FCC deadline=20
for full implementation of handset-based wireless E-911. However, because=
=20
of a technicality they voted against a proposal that would have urged=20
states and the FCC to consider naked DSL as a pro-competition tool when=20
reviewing mergers or generally making regulations. The measures, approved=
=20
by NARUC committees earlier this week, were approved by NARUC=92s board as=
=20
official NARUC policy.The merger resolution asks the FCC and Justice Dept.=
=20
to scrutinize the SBC-AT&T and Verizon-MCI mergers due to their great=20
potential impact on the telecom industry and consumers, and to consider=20
remedial conditions for any anti-competitive effects found. The resolution=
=20
urged federal authorities to give the states a =93meaningful participatory=
=20
role=94 in enforcing merger conditions they may impose. The resolution pass=
ed=20
only after being amended to remove language several commissioners=20
interpreted as a negative prejudgement of the mergers. The deleted language=
=20
would have expressed states=92 concern that the mergers could have adverse=
=20
consequences in wholesale and retail markets by removing significant=20
competitive providers, and would have suggested divestiture of overlapping=
=20
in-region assets and wholesale-contract =93fresh looks=94 as remedies to gu=
ard=20
the interests of competitors and customers.
[SOURCE: Communications Daily, AUTHOR: ]
(Not available online)

DREAMWORKS SKG MAY GO TO UNIVERSAL
General Electric's Universal Studios has held exploratory talks to acquire=
=20
DreamWorks SKG, the closely held movie studio, for as much as $1 billion or=
=20
more. Such a deal would give Universal control of the live-action film=20
studio created in 1994 by Steven Spielberg, David Geffen and Jeffrey=20
Katzenberg. DreamWorks Animation SKG, the animation studio that was split=
=20
off in an initial public offering last year, is not a part of the=20
discussions. Acquiring DreamWorks would give Universal the opportunity to=
=20
expand its profitable DVD operation by acquiring a library that includes=20
titles like "American Beauty" and "Gladiator." Because DreamWorks SKG has a=
=20
long-term agreement to distribute DreamWorks Animation's popular family=20
movies, Universal would also wind up distributing future cartoon titles=20
from the company that created "Shrek." Another possible incentive for=20
Universal, according to the people familiar with the matter: the ability to=
=20
produce movies made by Mr. Spielberg.
[SOURCE: Wall Street Journal, AUTHOR: Kate Kelly kate.kelly( at )wsj.com and=20
Merissa Marr merissa.marr( at )wsj.com]
http://online.wsj.com/article/0,,SB112250622617298058,00.html?mod=3Dtoda...
us_marketplace
(requires subscription)
* NBC Universal Said to Be in Talks for DreamWorks Unit
http://www.nytimes.com/2005/07/28/business/media/28movie.html

FRANCE TELECOM AGREES TO BUY 80% STAKE IN SPAIN'S AMENA
France Telecom will pay $7.7 billion to acquire an 80% share of Spanish=20
wireless operator Amena. The deal will put France T=E9l=E9com in head-to-he=
ad=20
competition with Spain's dominant operator, Telef=F3nica SA. France T=E9l=
=E9com's=20
move into Spain ratchets up the pressure on Telef=F3nica M=F3viles SA,=20
Telefonica's wireless arm, to expand its European footprint. Telefonica=20
Moviles is Spain's largest wireless operator but is losing market share to=
=20
No. 3 Amena and No. 2 Vodafone Group. By buying Amena, which has a 24%=20
market share in Spain, France T=E9l=E9com will round out its portfolio of=
=20
services in a country in which it already offers fixed-line telephone=20
service and Internet access. In the face of declining market share in its=
=20
traditional fixed-line business, France T=E9l=E9com is pushing a strategy o=
f=20
bundled services in core markets such as France, the United Kingdom and now=
=20
Spain.
[SOURCE: Wall Street Journal, AUTHOR: Cassell Bryan-Low=20
cassell.bryan-low( at )wsj.com]
http://online.wsj.com/article/0,,SB112244409519097158,00.html?mod=3Dtoda...
us_money_and_investing
(requires subscription)

POLICYMAKERS

MARGIE LEAVING FCC
FCC Commissioner Michael J. Copps announced that Paul Margie, his Spectrum=
=20
and International Legal Advisor, will be leaving the Commission to serve as=
=20
Senior Director for Technology Partnerships at the United Nations=20
Foundation. Margie will manage a $30 million fund created by the U.N.=20
Foundation and the Vodafone Group Foundation to promote international=20
development goals with the U.N. using wireless and other technologies.Copps=
=20
stated: "In my mind, Paul personifies public service at its best. His=20
creative intelligence, practical good judgment and never-wavering=20
commitment to the public interest have contributed immeasurably to good=20
public policy outcomes. I am grateful for his work and for his always=20
cooperative and engaging demeanor. Paul turns now from bringing the wonders=
=20
of modern telecommunications to citizens of our country to bringing these=
=20
essential tools to people around the world. All of us in the Copps office=
=20
wish him well in this profoundly important work, and we look forward to our=
=20
continuing warm friendship with this remarkable young man."
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260274A1.doc

ED's TECH CHIEF IS STEPPING DOWN
In a surprise move, Susan Patrick, head of the U.S. Department of=20
Education's Office of Educational Technology, announced July 26 that she=20
will leave the Bush administration in August to assume control of the=20
Virginia-based North American Council for Online Learning (NACOL). At=20
NACOL, Patrick plans to use her knowledge of the ed-tech landscape to=20
promote the continued adoption of online learning in schools. Though=20
schools are beginning to realize the value of online learning as a tool for=
=20
reform, Patrick says, the majority of institutions still are not using=20
these technological resources to their full potential.
[SOURCE: eSchool News, AUTHOR: Corey Murray]
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=3D5793

QUICKLY

AN ONLINE ARTIST CHALLENGES OBSCENITY LAW
In a landmark 1973 case, the United States Supreme Court defined obscenity=
=20
in part as anything that "the average person, applying contemporary=20
community standards" would find appealing only to prurient interests. But=
=20
with the growth of the Internet, a difficult question has arisen: Which=20
community's standards apply in cyberspace? On Monday in a case brought=20
against the government by a New York photographer, a panel of federal=20
judges in Manhattan declined to answer that question, but the lawsuit could=
=20
end up providing the Supreme Court with a chance to address the issue. The=
=20
case, filed in 2001 by Barbara Nitke, whose Web site includes pictures of=
=20
sadomasochism and bondage, argues that the Communications Decency Act of=20
1996, which prohibits obscene material from being distributed on the=20
Internet, is overly broad and violates the First Amendment. Ms. Nitke=20
contends that the law has a chilling effect on artists, educators and=20
alternative-sex advocates because the explicit material they present on the=
=20
Web could be deemed obscene in parts of the country, even if it is=20
acceptable under community standards in other parts.
[SOURCE: New York Times, AUTHOR: Randy Kennedy]
http://www.nytimes.com/2005/07/28/arts/design/28obsc.html
(requires registration)

RATINGS SYSTEM RUNS ADRIFT
Even though TV programs, movies, music and video games all carry labels=20
denoting age-appropriateness, parents groups and politicians say the=20
systems aren't working. The complaints: Ratings are too confusing because=
=20
they vary by medium. Ratings are too lenient and inconsistent in the level=
=20
of violence and sexuality they allow. The entertainment industry isn't=20
doing enough to police itself because that could cut into profits. One=20
suggested solution: a universal ratings system. To help fill the void,=20
outside ratings sources have cropped up. Various non-profit parent=20
organizations offer reviews.
[SOURCE: USAToday, AUTHOR: Ann Oldenburg]
http://www.usatoday.com/printedition/life/20050728/d_cover28.art.htm

BURNS MAY RE-ASSESS RATINGS BILL
Sen. Conrad Burns (R-Mont.) Wednesday said he remains committed to=20
legislation aimed at settling TV industry disputes over ratings, but told=
=20
reporters he might back away from a provision that would require Nielsen or=
=20
others to obtain accreditation from the Media Ratings Council before=20
rolling out or changing new product. Sen Burn=92s reassessment came after=
=20
Nielsen CEO Susan Whiting and MRC Executive Director George Ivie both=20
indicated that agreement on a voluntary code could be reached, requiring=20
audits for potential problems, which Nielsen has agreed to permit before=20
rolling out new products.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA630338?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
* Nielsen Backs New MRC Code
http://www.broadcastingcable.com/article/CA630142?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

NAB, CEA ASSUME POSITION ON TUNERS
In comments filed at the FCC, the National Association of Broadcasters=20
supported and the Consumer Electronics Association opposed, as expected,=20
the Commission's proposal to advance the date for TV's to include DTV=20
tuners by six months, from July 1, 2007 to Dec. 31, 2006. It also proposed=
=20
extending that mandate to TV's less than 13 inches in screen size.
[SOURCE: Broadcasting&Cable]
http://www.broadcastingcable.com/article/CA630336?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

ENTRAVISION FINED FOR PROGRAM GUIDE SNAFU
Entravision=92s 15 TV stations Monday were fined $3,000 each by the FCC for=
=20
failing to transmit data in their digital broadcasts necessary to activate=
=20
electronic program guides. All stations were required to begin transmitting=
=20
the data Feb. 1. Entravision is the first TV station owner to be fined for=
=20
failing to transmit the data, known as PSIP, for Program System and=20
Information Protocol.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA630098.html?display=3DBreakin...
ews&referral=3DSUPP
(free access for Benton's Headlines subscribers)

TOP HOLLYWOOD STUDIOS AGREE ON STANDARDS FOR DIGITAL FILMS
Digital cinema, the long-awaited technology to make movies in the theater=
=20
more vivid and versatile, took a big step from fantasy to reality=20
Wednesday. All of Hollywood's top studios endorsed a set of technical=20
specifications defining how sharp digital films must be and creating=20
mechanisms to fight piracy. They vowed to begin using them to offer digital=
=20
versions of their new productions to theater owners as early as this year=
=20
in some cases. Unlike celluloid, movies in digital form won't scratch or=20
smudge. They can include multiple soundtracks in different languages, and=
=20
can easily project 3-D images. The deal nearly clears the way for studios,=
=20
theater owners and equipment makers to begin the $3 billion transition from=
=20
analog. The remaining hurdle is ongoing negotiation between theater owners=
=20
and the studios about who pays how much. Digital movies -- which can be=20
transmitted via satellite or high-speed lines, or shipped on a hard drive=
=20
-- will slash much of the $1.2 billion a year studios spend making and=20
shipping celluloid prints.
[SOURCE: USAToday, AUTHOR: David Lieberman]
http://www.usatoday.com/printedition/money/20050728/2b_digital_28.art.htm

E-MAIL IS FOR OLDER PEOPLE, TEENS SAY IN SURVEY
E-mail is for grown-ups and U.S. teenagers now prefer instant messaging to=
=20
communicate with each other online, according to a survey released on=20
Wednesday by the Pew Internet and American Life Project. Nearly nine out of=
=20
10 teenagers say they use the Internet, up from 74 percent in 2000. Those=
=20
are who still not online are likely to be so poor that they have limited=20
access to technology, the survey found, and are disproportionately black.
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=3DtechnologyNews&sto...
D=3D2005-07-27T231617Z_01_N27287870_RTRIDST_0_TECH-TECH-TEENS-DC.XML
* Teens and Technology: Youth are Leading the Transition to a Fully Wired=
=20
and Mobile Nation
http://www.pewinternet.org/PPF/r/162/report_display.asp

ELDERLY AMERICANS LOSE MILLIONS TO INTERNET SCAMS
Scams involving Internet auctions, as well as identity theft, lotteries,=20
prizes and sweepstakes, top the list of fraud complaints by older=20
Americans, who lost $152 million to con artists last year, Federal Trade=20
Commission officials told a Senate panel on Wednesday.
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2005-07-27T231114Z_01_N27713657_RTRIDST_0_NET-USA-CONGRESS-SCAMS-DC.XML

ON HOW 'REALITY' TV CHANGES REALITY
[SOURCE: The Christian Science Monitor, AUTHOR: Jeremy Dauber]
http://www.csmonitor.com/2005/0728/p25s01-altv.html

REACTION TO ENSIGN BILL

TELECOM ACT REWRITE -- I'VE ALWAYS DEPENDED ON THE KINDNESS OF MONOPOLIES
[Commentary] I've just read through the =93Broadband Investment and Consume=
r=20
Choice Act=94 introduced by Senator Ensign (R-NV) (and co-sponsored by=20
Senator McCain, to my intense disappointment). In the name of deployment of=
=20
broadband, consumer choice, free markets, yaddah yaddah yaddah, the bill=20
strips the states and local governments of any consume protection function=
=20
and free your local monopoly providers to serve you! Oh, and without the=20
danger that your local government might decide to supply a pesky=20
competitor. After all, we wouldn't want you, the local citizen, to decide=
=20
to foolishly waste your own tax dollars! We, the federal government, know=
=20
best! Ain't federalism grand? Except, of course, when it isn't . . .
[SOURCE: Tales of the Sausage Factory, AUTHOR: Harold Feld]
http://www.wetmachine.com/totsf/item/326

NEW LEGISLATION COULD COST CONSUMERS, WARNS CU
Consumers Union cautioned that legislation introduced today by Senator John=
=20
Ensign (R-NV) could end up costing consumers more for phone, cable and=20
Internet services. =93Consumers better hold on to their wallets if this bil=
l=20
becomes law,=94 said Jeannine Kenney, senior policy analyst at Consumers=20
Union. =93They can look forward to soaring cable and phone bills and even=
=20
fewer choices for broadband as dominant cable and phone companies tighten=
=20
their stranglehold on the limited competition in these markets. Despite=20
platitudes toward consumer choice and protection, this bill does the exact=
=20
opposite.=94 Consumers Union warns the legislation will have negative impac=
ts=20
on consumers, including: 1)Eliminating the ability of states and=20
communities to prevent phone and cable price gouging and other consumer=20
rip-offs. 2) Allowing cable and phone monopolies to undermine competition=
=20
by offering unfavorable terms and prices for use of their wires, while=20
favoring their own services. While providing lip service to the access=20
dominant phone companies must provide to competitors, it allows them to act=
=20
as gatekeepers, eliminating requirements on the quality and cost of access.=
=20
3) Would-be competitors would be powerless in reaching consumers. 4)=20
Increasing the likelihood that, to get the services they do want, consumers=
=20
will be forced to buy a costly package of others they don't want or need.=
=20
5) Stripping states and localities of the power to ensure that minority and=
=20
low- and moderate-income communities have access to the same service and=20
quality as high-income neighborhoods. 6) Hindering the ability of local=20
government to expand competition and drive down broadband prices by=20
limiting their ability to offer the services themselves.
[SOURCE: Consumers Union/HearUsNow]
http://www.hearusnow.org/other/newsroom/broadbandconsumerchoiceactof2005/

COMPTEL COMMENTS ON "BROADBAND INVESTMENT AND CONSUMER CHOICE ACT"
"CompTel's members are disappointed with this legislation, and we look=20
forward to working with Senator Ensign to rewrite it. Overall, the bill is=
=20
a gigantic step backward. It would remonopolize communications networks=20
resulting in fewer choices, less innovation and higher prices for=20
consumers. The American economy would suffer as a result. Nascent=20
technologies, such as VoIP, would be killed in the cradle under this regime=
=20
because entrepreneurs would be denied the nondiscriminatory access to=20
infrastructure they need to deliver their cutting-edge products and=20
services." In Technology Daily, there's this: "The best thing you can say=
=20
is that this is a Bell bill dressed up in sheep's clothing," said Earl=20
Comstock. "It demonstrates a complete lack of understanding of the way in=
=20
which networks operate and the way in which they are headed."
[SOURCE: CompTel Press Release]
http://www.comptelascent.org/news/recent-news/072705.html

INDUSTRIES LAUD ENSIGN BILL AS RECOGNITION OF NEW REALITY
Thank you, sir, may I have another? Telecom companies are lining up to sing=
=20
the praises of Sen Ensign's "Broadband Investment and Consumer Choice Act."=
=20
"This bill recognizes that the world has changed and consumer-driven=20
markets work better than those managed by the government," said Peter=20
Davidson, senior vice president of Verizon Communications. "The Ensign bill=
=20
puts consumers first." "The Ensign proposal would bring telecommunications=
=20
law up to date," said Herschel Abbott, BellSouth's vice president of=20
government affairs. He added that the company will work with Sen Ensign and=
=20
Senate Commerce Chairman Ted Stevens, R-Alaska, "to ensure its speedy=20
passage." "Senator Ensign's bill ... would apply market-driven competitive=
=20
principles to all communications markets" and provide clarity to SBC=20
Communications' anticipated investment in video services, said Tim McKone,=
=20
SBC's senior vice president of federal relations.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-QOFW1122495593721.html
* Links to more reaction below.

WIRELESS INDUSTRY COMMENDS DEREGULATORY APPROACH BY SENATOR ENSIGN
"We appreciate Senator Ensign=92s thoughtful legislation and his important=
=20
first step in the anticipated Congressional review of our nation=92s=20
telecommunications laws. We agree with the Senator that a competitive=20
marketplace, such as the one in which the wireless industry serves=20
consumers every day, is a much more effective means for providing consumer=
=20
benefit than unnecessary and excessive government regulation. We look=20
forward to working with Congress to ensure a legislative landscape that=20
allows the highly competitive wireless industry to continue delivering its=
=20
uniquely innovative products and services to consumers."
[SOURCE: CTIA -- The Wireless Industry]
http://www.ctia.org/news_media/press/body.cfm?record_id=3D1537

ITI WELCOMES ENSIGN TELECOM REFORM BILL
=93Senator Ensign has long been at the forefront of high-tech policy, and=
=20
this bill once again demonstrates his leadership,=94 Dawson said. =93We sha=
re=20
his goals of removing barriers to innovation, promoting competition, and=20
sparking growth in the tech and services sector. Dawson added that, =93as t=
he=20
telecom rewrite moves forward, we look forward to working with Chairman=20
Stevens, Senator Ensign and the House and Senate to develop bipartisan=20
legislation that promotes a vibrant tech and telecom sector.=94
[SOURCE: Information Technology Industry Council]
http://www.itic.org/2005prs/072705.htm

NCTA RESPONDS TO ENSIGN BILL
"We commend Sen. Ensign for crafting legislation that seeks to promote=20
competition and innovation and treats like services alike. Consumers=20
benefit when market forces are allowed to work and all providers,=20
regardless of technology, can compete in the marketplace without government=
=20
policies that pick winners and losers. While there are specific provisions=
=20
we would want to work on with Senator Ensign, this is an important and=20
constructive step forward."
[SOURCE: National Cable & Telecommunications Association]
http://www.ncta.com/press/press.cfm?PRid=3D615&showArticles=3Dok

NTCA REACTS TO INTRODUCTION OF TELECOM LEGISLATION BY SENATOR ENSIGN
=93As leaders in deploying broadband and advanced telecommunications servic=
es=20
throughout rural America, NTCA and its member companies support any=20
legislation that truly would improve consumer access to such services. The=
=20
introduction of Senator Ensign=92s bill represents a first step toward=20
ensuring all segments of the telecommunications industry make the same=20
commitment to serving their rural markets that NTCA members have made for=
=20
decades. NTCA appreciates the senator's contribution to the discussion of=
=20
ways to encourage all industry players to deploy infrastructure that will=
=20
ensure all Americans receive access to affordable emerging voice, video and=
=20
data technologies that enable them to meet commerce, national security and=
=20
public health and safety goals. NTCA looks forward to evaluating the=20
senator=92s bill and working with him and the entire Congress to ensure the=
=20
laws governing our industry benefit rural America and the entire nation."
[SOURCE: National Telecommunications Cooperative Association]
http://www.ntca.org/ka/ka-3.cfm?content_item_id=3D3546&folder_id=3D522

AN HISTORIC COMMUNICATIONS REFORM LANDMARK
Senator Ensign's proposed "Broadband Investment and Consumer Choice Act" is=
=20
the most deregulatory, market-oriented bill ever introduced in Congress,=20
and commendably so. The bill is based on the underlying premise that now,=
=20
as we move full-steam ahead into the digital age, the traditional economic=
=20
regulation of most communications services that was appropriate in a=20
monopolistic environment is no longer necessary. A foundational premise of=
=20
the stand-alone bill is that when marketplace competition exists, it can=20
protect consumers better than public-utility style regulation.
[SOURCE: Progress & Freedom Foundation]
http://www.pff.org

USTELECOM'S MCCORMICK APPLAUDS PROPOSED SENATE LEGISLATION UPDATING US=20
TELECOM LAWS
"We applaud Senator Ensign for his leadership on this issue of critical=20
importance to American consumers and to the nation=92s economy. As wireless=
,=20
landline, cable and satellite technologies converge, it is time for=20
government-managed competition to be replaced with market-based=20
competition, where consumers can get the products and services they want=20
from the companies they choose. Of course, there are additional items we=20
would like to see included in any final legislation that reaches the=20
President=92s desk. We especially look forward to working with Chairman=20
Stevens to advance a stable future for universal service, and its vital=20
work connecting the country and linking our schools and libraries to the=20
Internet. Thanks to Senator Ensign=92s effort, the legislative process is o=
ff=20
to a very strong start today. We thank Senator Ensign for delivering real=
=20
leadership, vision and momentum to this important effort. We look forward=
=20
to working with Senator Ensign, his cosponsor, Senator McCain, as well as=
=20
Chairman Stevens and all members of Congress to advance comprehensive,=20
even-handed reform that can restore U.S. information leadership and enhance=
=20
so many aspects of our quality of life.=94
[SOURCE: United States Telecom Association]
http://www.ustelecom.org/news_releases.php?urh=3Dhome.news.nr2005_0727
--------------------------------------------------------------
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.
--------------------------------------------------------------

July 27, 2005

Large telephone companies gather today to ask -- what's in it for us in the
re-write of the nation's telecom laws. For upcoming media policy events,
see http://www.benton.org/calendar.htm

POLICYMAKERS
Bush's High-Tech Report Card
FCC Chief Pushes for Easing Rules on DSL Broadband
Broadband Consumer Choice Act
Rumors Suggest Meece, Tate as FCC Commissioners
Martin at NARUC
FCC May Consolidate Oversight Of Wireless Issues

CONTENT
Paid Product Placement Surges in Magazines, Newspapers, Other Media
Broadcasters, News Directors Defend Use of Video News Releases
Playola
FCC May Consolidate Oversight of Wireless Issues
The FAIR Ratings Act
Hillary vs. the Xbox: Game over

CABLE
Commercial Broadcasters Want a Free Ride at Everyone Else's Expense
McSlarrow Rips Bells' Hill Tactics
Comcast Mulls Sports Network to Rival ESPN
Telling the FCC about Comcast/TimeWarner/Adelphia

TELEPHONY
Lifeline Across America
Internet Phone Providers Given More Time on 911

QUICKLY -- What's the Matter with Indymedia?; Embracing the Future; Visit
the Past; Lawyers' Delight: Old Web Material Doesn't Disappear

POLICYMAKERS

BUSH'S HIGH-TECH REPORT CARD
Six months into his second term, some executives in Silicon Valley question
whether President Bush and key members of his administration really do "get
it" when it comes to high tech. They complain -- usually privately -- about
a lack of accomplishment on some major policy issues and a broader lack of
focus on what they consider a unique sector of the U.S. economy.
Increasingly, high-tech executives are turning to Congress to try to
address their needs. The Administration is criticized on a number of
industry priorities: 1) Failing to take more aggressive steps to expand
access to high-speed Internet services, allowing the United States to fall
from fourth in the world in broadband penetration in 2001 to 12th last
year, according to one leading gauge; 2) Not putting more money into basic
federal research at the National Science Foundation for engineering and
physics in the face of increased foreign competition; and most
disheartening to even strong Bush supporters, 3) new regulatory accounting
rules for stock options that many Silicon Valley companies adamantly oppose.
[SOURCE: Mercury News, AUTHOR: Jim Puzzanghera]
http://www.siliconvalley.com/mld/siliconvalley/12217418.htm

FCC CHIEF PUSHES FOR EASING RULES ON DSL BROADBAND
FCC Chairman Kevin Martin said he has circulated a proposal that would
treat digital subscriber line (DSL) broadband as an information service. If
approved, that would exempt it from most traditional telephone rules, such
as requirements to lease network access to competitors. Chairman Martin
said he has already "shared with my colleagues" a proposal that will give
telephone carriers the same regulatory framework as other providers. He
added, "The lack of regulatory parity between telecoms and cable is
inhibiting broadband growth."
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=internetNews&storyID...

BROADBAND CONSUMER CHOICE ACT
There's a buzz in Washington as Sen. Ensign (R-NV) said he will introduce a
comprehensive telecom bill, "Broadband Consumer Choice Act of 2005," today
that will include provisions on video franchising plus other elements
designed to boost competition within the industry. The bill is expected to
eliminate franchises for all local video
competitors -- in addition to "rewriting outdated telecom laws" (which is
the exact phrasing that can send shivers down the spines of public interest
advocates).
[SOURCE: Communications Daily]
(Not available online)

RUMORS SUGGEST MEECE, TATE AS FCC COMMISSIONERS
More DC telecom buzz... President Bush may name his nominees for two open
FCC seats by the end of this week. There are two rumored front runners: 1)
Mike Meece, a special assistant to the President and deputy director of
public liaison with a specialty in telecom and media issues. He was deputy
chief of staff to then-Commerce Sec Donald Evans. In his current role,
Meece represents the President on business issues in his area of expertise.
He deals closely with a variety of companies and business groups, speaking
and appearing at conferences. 2) Deborah Taylor was appointed in July 2002
to a 6-year term as director of the Tennessee Regulatory Authority. In
2003, then-FCC Chairman Michael Powell named her to the FCC's federal-state
joint conference on advanced telecom services. In 2005, she became Chairman
of NARUC's Washington Action Committee. She also serves on NARUC's
triennial review implementation task force and the consumer affairs and gas
committees. But don't ink there names in as FCC commissioners... there's
more names on a short list that includes Washington consultant Janice
Obuchowski, Richard Russell, associate dir. with the White House Office of
Science and Technology Policy (OSTP) and Suzie Terrell, a lawyer based in
New Orleans.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)
See Taylor Tate's bio at:
http://www.state.tn.us/tra/tate/tatefullbio.htm
* FCC Vacancies Have Bevy Of Contenders
http://www.njtelecomupdate.com/lenya/telco/live/tb-QSRB1122409192514.html
* White House aide said to be top FCC contender
http://today.reuters.com/news/newsArticle.aspx?type=politicsNews&storyID...

MARTIN AT NARUC
FCC Chairman Kevin Martin spoke at the summer meeting of the National
Association of Regulatory Utility Commissioners on Tuesday. He said an
effective federal-state partnership in implementing public policy may mean
giving states more decision-making power. "The states have a larger role to
play than just being an enforcer," Chairman Martin said. "The FCC could
give states more flexibility to implement policy," as was done successfully
in some states with numbering administration. "But we in government must
ensure that the regulatory environment we create doesn't get in the way of
market forces. And our blueprints for change should also allow new
technologies to flourish." Martin, in his first address to NARUC since
becoming the FCC's head, said intermodal competition and new technologies
are eroding legacy universal service and intercarrier compensation regimes,
while regulatory uncertainties are slowing broadband deployment. Addressing
these breakdowns, he said, will require flexible federal and state policies
that are technology-neutral and apply evenly to all providers of particular
services. To reform universal service support, Martin said he still likes
the idea of basing universal service contributions on phone numbers, not
revenues, because this method is easy to administer and is within existing
FCC authority. He said it would apply to any service that uses phone
numbers, regardless of technology, would be easy for carriers and consumers
to understand, and would promote number conservation.
[SOURCE: Communications Daily]
(Not available online)

FCC MAY CONSOLIDATE OVERSIGHT OF WIRELESS ISSUES
Telecommunications industry officials are reacting favorably to reports
about a tentative reorganization of the FCC contemplated by agency Chairman
Kevin Martin. He is contemplating abolishing the Wireless
Telecommunications Bureau and splitting its functions into the existing
Wireline Competition Bureau and a new spectrum bureau or office. Martin
also is contemplating the creation of a homeland security division or
bureau that would centralize the functions pertaining to emergency
responders, whether through wireless or wire-based communications.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-ZGEW1122408903073.html

CONTENT

PAID PRODUCT PLACEMENT SURGES IN MAGAZINES, NEWSPAPERS, OTHER MEDIA
A new report to be released today shows product placement is a much bigger
deal that has influenced virtually all forms of media, even supposedly
sacrosanct print outlets such as newspapers and magazines where paid
placements are that fastest growing segment of the business. Although
highly controversial, the total value of product placements in magazines is
on pace to grow 17.5 percent in 2005 to $160.9 million, and product
placements in newspapers is projected to rise 16.9 percent to $65.0
million, estimates PQ Media. While TV and films account for 90 percent of
all product placements, PQ estimates other media account for 18.1 percent,
or $384.9 million. The report reveals that product placement is influencing
every segments of media, including print, videogames, online, books and
even radio and recorded music. In fact, just about the only medium not
tracked in the report is outdoor and place-based media, which appear to
offer the ultimate panacea for the main factors driving product placement
deals: clutter, media multitasking and ad-skipping.
[SOURCE: Media Post, AUTHOR: Joe Mandese]
http://publications.mediapost.com/index.cfm?fuseaction=Articles.showArti...

BROADCASTERS, NEWS DIRECTORS DEFEND USE OF VIDEO NEWS RELEASES
In comments filed at the FCC, the National Association of Broadcasters
argued that more regulation of video news releases (VNRs) is not warranted
and could raise constitutional concerns. Use of VNRs does not violates
Commission rules on sponsorship identification, the NAB said. Those rules
require that when payment is received
by or promised to a broadcast licensee for airing material, the station
must disclose that fact at the time of airing and identify who made the
payment. But the Center for Media Democracy and Free Press called for
further disclosure of sources of material aired, including a frame-by-frame
visual notification of sources. The Radio-Television News Directors
Association countered saying such a requirement would burden broadcasters
and cable operators. The added requirements also would violate First
Amendment rights by dictating how VNRs are used. "In our democratic
society, it is axiomatic that decisions concerning how to contextualize a
story, inform the audience, or otherwise present news programming be left
to journalists, not dictated by the government" RTNDA said.
[SOURCE: Communications Daily]
(Not available online)

PLAYOLA
[Commentary] Perhaps the question is this: If you were a disc jockey or a
radio station manager, would the chance to play blackjack with Celine Dion
in Las Vegas induce you to put her single "I Drove All Night" on the air
more often? No one supposes that radio playlists are the results of pure
popularity or artistic merit -- not since the payola scandals of the late
1950's and early 60's. The radio map has changed entirely since then. It
has seen the near-demise of local stations, the rise of powerful national
networks like Clear Channel, the splintering of audiences and the
appearance of satellite radio. The radio spectrum at the moment includes
everything from ironclad rotations for mass markets to an untested merger
of radio and the Internet called podcasting. To the extent that they offer
payola, record companies will offer it only to the largest of these
outlets. As Eliot Spitzer, New York's attorney general, continues his
investigation, he would do well to look at those who are doing the taking
as well as those who are doing the bribing.
[SOURCE: New York Times, AUTHOR: Editorial Staff]
http://www.nytimes.com/2005/07/27/opinion/27wed4.html
(requires registration)
* Clear Channel Vows "Swift And Appropriate Disciplinary Action"
http://www.fmqb.com/Article.asp?id=103257

THE FAIR RATINGS ACT
There's a Senate Commerce Committee hearing this afternoon on the
"Fairness, Accuracy, Inclusivity, and Responsiveness in Ratings Act of
2005." Opponents are lining up against the legislation (see links below).
You can watch the hearing by checking out
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1592 and you can
find the text of the bill on Thomas
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills...
[SOURCE: Senate Commerce Committee]
* More Groups Rip Burns Bill
http://www.multichannel.com/article/CA629555.html?display=Breaking+News
* More Groups Cry Foul Over FAIR Act
http://www.broadcastingcable.com/article/CA629510?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Association of National Advertisers Opposes Ratings Bill
http://www.broadcastingcable.com/article/CA629494?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Collins: No Minorities at MRC Hearing?
http://www.multichannel.com/article/CA629376.html?display=Breaking+News
* Collins Dismayed At "Colorless" Witness List
http://www.broadcastingcable.com/article/CA629354?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* CBS Exec Pushes Strong MRC
http://www.broadcastingcable.com/article/CA629562?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

HILLARY VS THE XBOX: GAME OVER
[Commentary] The author of "Everything Bad Is Good For You: How Today's
Popular Culture Is Actually Making Us Smarter" suggests that Sen Hillary
Clinton's proposed $90-million study on the effects of video games on
children be expanded to include another game whose nonstop violence and
hostility has captured the attention of millions of kids -- a game that
instills aggressive thoughts in the minds of its players, some of whom have
gone on to commit real-world acts of violence and sexual assault after
playing: high school football. In defense of video games Johnson writes,
"The great secret of today's video games that has been lost in the moral
panic over "Grand Theft Auto" is how difficult the games have become. That
difficulty is not merely a question of hand-eye coordination; most of
today's games force kids to learn complex rule systems, master challenging
new interfaces, follow dozens of shifting variables in real time and
prioritize between multiple objectives. In short, precisely the sorts of
skills that they're going to need in the digital workplace of tomorrow."
[SOURCE: Los Angeles Times, AUTHOR: Steven Johnson]
http://www.latimes.com/news/printedition/opinion/la-oe-johnson27jul27,1,...
(requires registration)

CABLE

COMMERCIAL BROADCASTERS WANT A FREE RIDE AT EVERYONE ELSE'S EXPENSE
NCTA released a new paper Tuesday for anyone making weekend reading plans.
It serves as a rebuttal to National Association of Broadcaster claims about
must carry. 1) NAB asserts that the burden imposed on a cable system's
capacity by a multicast must carry rule is no more than that already
required under current law. 2) NAB alleges that cable operators are
"stripping" additional multicast programming services from the signals
carried on their systems, thus "depriving millions of Americans one of
the key benefits of the DTV transition." 3) NAB alleges that if
broadcasters are unable to obtain cable carriage for their multicast
signals, consumers will be penalized and deprived of local over-the-air
programming options. Conversely, they argue: if broadcasters receive the
assurance of carriage and fully develop their multicast services, consumers
will have another incentive to purchase DTV sets which will, in turn,
accelerate the transition. 4) NAB asserts that multicasting will enhance
viewers' programming options and encourage broadcasters to create
innovative new local content. 5) NAB asserts that consumers who have
digital TVs will receive little more "from their cable company than a
signal that has been turned back into analog format."
NCTA claims that both multicast and dual must carry are likely to be found
unconstitutional. The group concludes: "If Congress decides that the analog
spectrum needs to be returned before most television viewers are equipped
to receive digital signals, it can ensure that the transition to DTV
continues without unnecessary disruptions or additional costs. Cable
operators should be given the flexibility to carry down-converted signals
in lieu of digital signals and should retain the discretion to carry both
the down-converted and digital versions of those signals. Moreover, forcing
cable to carry multiple streams of duplicative broadcast programming,
regardless of its value to consumers, is not in the public interest and
will not speed the transition to digital television. Congress should reject
the broadcasters' attempts to insert multicast must carry provisions in
pending DTV legislation."
[SOURCE: National Cable & Telecommunications Association]
http://www.ncta.com/press/press.cfm?PRid=614&showArticles=ok

MCSLARROW RIPS BELLS' HILL TACTICS
Bad Bells. Bad, bad, bad. Complaining that telephone companies are
"cherry-picking to their hearts' content," National Cable &
Telecommunications Association President Kyle McSlarrow argued that telcos
looking to obtain cable franchises in order to compete with cable operators
should have to adhere to the same rules that govern cable operators. "The
question is: What are the rules of the road? Are the rules going to be what
cable has lived under for years, or are we just going to turn on a dime and
provide a different set of rules for different players?" McSlarrow
rhetorically asked. He went on to say that the Bells don't typically play
by anyone else's rules and they aren't asking for cable-like rules on
Capitol Hill, adding, "These are tough competitors. They're going to change
the rules if they don't like them. They're going to squash competitors."
[SOURCE: Multichannel News, AUTHOR: Steve Donohue]
http://www.multichannel.com/article/CA629511.html?display=Breaking+News
(requires subscription)

COMCAST MULLS SPORTS NETWORK TO RIVAL ESPN
Cable-television giant Comcast Corp. failed last year in an attempt to buy
Walt Disney Co. and its ever-burgeoning ESPN sports network. Now, the
Philadelphia-based company is exploring the possibility of mounting a
challenge to ESPN, the undisputed leader in TV sports programming. People
familiar with the company's plans say Comcast is interested in recasting
its quirky and low-rated Outdoor Life Network. While best known for its
coverage of Lance Armstrong's annual victory at the Tour de France, it is
also the home of professional bull riding, bear hunting and competitive
barbeque. But transforming the network to an ESPN-style contender would
require a major team sport, and people with knowledge of Comcast's plans
say the company is in serious negotiations with the National Football
League and National Hockey League, and also has its eye on Nascar auto
racing. ESPN already carries the NFL, as well as Major League Baseball, the
National Basketball Association, and virtually every other major college
and professional sport. The channel generates about $1 billion in cash flow
for parent Disney, according to industry research firm Kagan World Media.
Besides ESPN, there are five sister cable channels, a magazine and a
restaurant chain. Comcast does have significant resources. It is the
nation's biggest cable operator with more than 21 million subscribers, and
it posted revenue of $20.3 billion last year. Comcast already owns four
regional sports channels and it has a majority ownership of the
Philadelphia Flyers of the NHL and Philadelphia 76ers of the NBA.
[SOURCE: Wall Street Journal, AUTHOR: Joe Flint joe.flint( at )wsj.com and
Stefan Fatsis stefan.fatsis( at )wsj.com]
http://online.wsj.com/article/0,,SB112243020602197021,00.html?mod=todays...
(requires subscription)

TELLING THE FCC ABOUT COMCAST/TIME WARNER/ADELPHIA
Free Press has created an easy, online system for filing comments in the
Comcast/TimeWarner/Adelphia proceeding at the FCC. Just visit the URL below.
[SOURCE: Free Press]
http://www.freepress.net/fcc/comment.php?d=92-264

TELEPHONY

LIFELINE ACROSS AMERICA
The Federal Communications Commission (FCC) and the National Association of
Regulatory Commissioners (NARUC) have joined hands to launch "Lifeline
Across America," a nationwide program to draw more low-income consumers
into federal and state Lifeline and Link-up programs. These programs
provide for discounts to low income households for both the initial
installation of phone service (Link-Up) and monthly phone bills (Lifeline.)
The "Lifeline Across America" initiative includes: 1) A Best Practices
Working Group that will develop guidelines to help carriers target
consumers who are eligible for participation in the Lifeline and Link-up
programs. The working group is comprised of representatives from the FCC
and NARUC, and will include input from state and local government entities,
industry, tribes and consumer groups; 2) Joint Outreach Materials in
English and Spanish that will be distributed and available to targeted
audiences, including: consumer-friendly fact sheets, an eligibility
checklist, as well as other publications and marketing materials; 3) FCC
and NARUC Web Site Enhancements that will highlight the Lifeline and
Link-up programs and provide information in a consumer-friendly and
informative manner; and 4) Train-the-Trainer Program to educate state and
local government stakeholders about Lifeline and Link-up eligibility
requirements and procedures. Such program may be web-based to maximize
cost efficiencies. The FCC and NARUC will partner with relevant state and
local government entities, industry, tribes and consumer groups to
facilitate the training effort.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260129A1.doc

INTERNET PHONE PROVIDERS GIVEN MORE TIME ON 911
Concerned by several high-profile incidents where people had difficulty
reaching emergency dispatchers, the Federal Communications Commission had
asked Internet telephone companies to obtain customer acknowledgments of
the limitations of the service by July 29. But to accommodate carrier
complaints that they could not meet that deadline, the FCC issued a notice
on Tuesday giving them until Aug. 10 to file a report detailing their
efforts to get such acknowledgments .
[SOURCE: Reuters, AUTHOR: Jeremy Pelofsky]
http://today.reuters.com/news/newsArticle.aspx?type=internetNews&storyID...
* FCC Public Notice
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2085A1.doc

QUICKLY

WHAT'S THE MATTER WITH INDYMEDIA?
[Commentary] Conceived initially to allow everybody to 'be the media,'
Indymedia is plagued by everything from fascist messages to paralyzing
ideology to good old fashioned laziness.
[SOURCE: AlterNet, AUTHOR: Jennifer Whitney]
http://www.alternet.org/mediaculture/23741/

EMBRACE THE FUTURE
What does the newspaper industry need to do to survive? Simplify rate cards
to make it easier for businesses to advertise; invest in technology that
can deliver information to consumers in new ways; give consumers the power
to decide what information is of value to them; expand market share in
addition to protecting existing turf; and innovate, innovate, innovate.
Thoughts from the Newspaper Association of America's Future of Newspapers
Conference
[SOURCE: Presstime, AUTHOR: Jeff Lemberg]
http://www.naa.org/Presstime/PTArtPage.cfm?AID=7119

LAWYERS' DELIGHT: OLD WEB MATERIAL DOESN'T DISAPPEAR
The Web, seemingly one of the most ephemeral of media, is instead starting
to leave permanent records. Through the Wayback Machine, and similar
services offered by companies such as Google Inc., it's now easy to
retrieve all kinds of online material, from defunct Web pages to old
versions of sites. While these databases have caught on among historians
and scholars, they are proving particularly enticing for lawyers. At some
law firms, litigators now ask researchers, "can you do a Wayback on that?"
The archives are most attractive to specialists in intellectual-property
law -- in particular, areas such as domain-name battles.
[SOURCE: Wall Street Journal, AUTHOR: David Kesmodel david.kesmodel( at )wsj.com]
http://online.wsj.com/article/0,,SB112242983960797010,00.html?mod=todays...
(requires subscription)
--------------------------------------------------------------
Way to go, Mad Dog! 3,001 and counting....
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

July 26, 2005

For upcoming media policy events, see http://www.benton.org/calendar.htm

BROADCASTING
Sony Settles Payola Investigation
Nielsen Objects to Bill that would Require Oversight of
Local TV ratings

TELECOM
NARUC Moves VoIP E-911, Lifeline Resolutions
Fee Structure For USF Sparks Debate
BPL Advocates Working To Plug Into Hill
Tech Firms Warm To Local Networks
Texas Telco Bill Worries Advocates
FCC establishes Net telephony E911 task force

OPPOSITION TO ADELPHIA-COMCAST-TIME WARNER DEAL
Links to opposition from Media Access Project, the Center
for Digital Democracy, and the Communications Workers of America

POLICYMAKERS
Potential FCC Nominees
Kennedy Discusses Telecom Rewrite
Ex-AT&T exec Eric Stark Joins NTIA

QUICKLY -- Republican Attacks on PBS Program Bias Gets Results; Phone Fees
Called Into Question; Calif. AG Backs SBC-AT&T Deal; Teletruth Questions
FCC's Data on Broadband; Big Broadband Bill of Rights; Violations of
Universal Service Fund; Illinois video game law challenged in court

BROADCASTING

SONY SETTLES PAYOLA INVESTIGATION
Attorney General Eliot Spitzer announced Monday an agreement to halt
pervasive "pay-for-play" in the music industry. Under the agreement, Sony
BMG Music Entertainment, one of the world's leading record companies and
owner of a number of major record labels, has agreed to stop making
payments and providing expensive gifts to radio stations and their
employees in return for "airplay" for the company's songs. Such payoffs
violate state and federal law. "Our investigation shows that, contrary to
listener expectations that songs are selected for airplay based on artistic
merit and popularity, air time is often determined by undisclosed payoffs
to radio stations and their employees," Spitzer said. "This agreement is a
model for breaking the pervasive influence of bribes in the
industry." After receiving tips from industry insiders, Spitzer's office
conducted a year-long investigation and determined that Sony BMG and its
record labels had offered a series of inducements to radio stations and
their employees to obtain airplay for the recordings by the company's
artists. The inducements for airplay, also known as "payola," took several
forms: 1) Outright bribes to radio programmers, including expensive
vacation packages, electronics and other valuable items; 2) Contest
giveaways for stations' listening audiences; 3) Payments to radio stations
to cover operational expenses; 4) Retention of middlemen, known as
independent promoters, as conduits for illegal payments to radio stations;
and Payments for "spin programs," airplay under the guise of advertising.
[SOURCE: New York State Attorney General Eliot Spitzer Press Release]
http://www.oag.state.ny.us/press/2005/jul/jul25a_05.html
* Radio Payoffs Are Described As Sony Settles
http://www.nytimes.com/2005/07/26/business/26music.html
* Sony Settles Radio Payola Probe
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/25/AR200507...
* Commissioner Adelstein Calls for FCC Investigation Based on Spitzer
Payola Settlement
"We've seen a lot of smoke around payola for a while, but now we know it's
coming from a real fire. It's time to dump a bucket of cold water on it.
It's unfair to listeners if they hear songs on the radio because someone
was paid off, not because it's good music. We need an immediate
investigation to determine whether these practices violate federal payola
laws. I've asked Mr. Spitzer to share all of the evidence that he has
uncovered with the FCC."
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260158A1.doc
* Radio Concentration Bill Could Resurface
Senator Russ Feingold (D-WI) used the news of a settlement between Sony and
the state of New York to suggest it was time to re-address, on a national
level, the issues of payola "combined with increasing concentration and
vertical integration in the radio industry." That would likely mean a
renewed push for legislation. "I have introduced legislation in the past to
promote competition in the radio and concert industries," he said, "and,
while this settlement is a step in the right direction, it provides even
more evidence that it is time for Congress to address these issues at a
national level."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA629255?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Sony Settles Over Payola; FCC Could Investigate
http://www.broadcastingcable.com/article/CA629069?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

NIELSEN OBJECTS TO BILL THAT WOULD REQUIRE OVERSIGHT OF LOCAL TV RATINGS
Nielsen Media Research is blasting proposed legislation that it says would
extend government oversight of TV ratings and could force it to shut down
its rating service in markets across the USA. But broadcasters say Nielsen
is overstating the impact of the bill, which would place the company under
fresh scrutiny in the wake of charges that its new ratings system
undercounts minorities. A Senate Commerce Committee hearing Wednesday will
spotlight the controversy and examine the bill, introduced this month by
Sen. Conrad Burns (R-MT), a former broadcaster.
[SOURCE: USAToday, AUTHOR: Paul Davidson]
http://www.usatoday.com/printedition/money/20050726/2b_nielsen_26.art.htm
* Rainbow PUSHes Against Ratings Bill
In a letter to the co-chairmen of the Senate Commerce Committee,
representatives from Rainbow/PUSH, the National Council of Negro Women and
other groups oppose legislation that would increase Media Ratings Council
and government oversight of TV ratings, saying such a bill could "harm
audiences of color."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA629111?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Jackson-Led Group Opposes MRC Bill
http://www.multichannel.com/article/CA629112.html?display=Breaking+News
(requires subscription)

TELECOM

NARUC MOVES VOIP E-911, LIFELINE RESOLUTIONS
Meeting in Austin (TX), the National Association of Regulatory
Commissioners are considering a number of telecom-related resolutions. The
NARUC Consumer Affairs Committee passed a resolution commending FCC and
Congressional efforts to ensure that Internet telephone service (VoIP)
providers offer the same level of E-911 service as all other local telecom
providers. The resolution hailed the FCC for setting a Nov. 28 deadline for
VoIP E-911 implementation, and saluted the House introduction of
legislation to establish seamless national E-911 service. Another
resolution from the same committee supports more federal and state efforts
to up Lifeline and Link Up enrollment. Meanwhile, the telecom staff
subcommittee advanced four resolutions that will be taken up today by the
full Telecom Committee, including: 1) A call for establishment of a
federal-state joint conference on high-cost support reform that will get a
year to develop recommendations, 2) A call to Congress to ensure that any
Telecom Act replacement or rewrite includes a meaningful role for the
states in dispute resolution and protection of consumer interests, areas
where states have particular expertise, 3) A suggestion that the FCC
suspend, or allow waivers from, a Dec. 31 deadline by which wireless
carriers opting for handset-based means for E-911 compliance must achieve
95% penetration of E-911-compatible digital wireless telephones, and 4) A
call to the FCC and Justice Dept. for careful review of the two pending
mega-mergers (SBC-AT&T and Verizon-MCI) because of potential
anticompetitive effects, and consideration of conditions such as
divestiture of overlapping assets to remedy any actual anticompetitive effects.
[SOURCE: Communications Daily, AUTHOR: Herb Kirchhoff]
(Not available online)

FEE STRUCTURE FOR USF SPARKS DEBATE
An obscure debate about the types of fees that will be levied to raise
money for the Universal Service Fund has risen in importance as the
telecommunications industry anticipates a potential change from FCC
Chairman Kevin Martin. The debate is about whether contributions should be
made based on per-minute fees or on monthly charges for each telephone
number. Contributions into USF -- which is designed to ensure universal
telephone connectivity -- currently are based on a percentage of revenues
from long-distance and international phone calls. Instead of paying a 10.2
percent fee on their long-distance revenues, under the alternative approach
consumers likely would pay between $1 and $1.20 per month for each phone
number or connection. Ironically, the key constituency for the
numbers-based approach would be the long-distance carriers AT&T and MCI,
both of which are being acquired by Bell telecom companies.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-BVSY1122327520050.html

BPL ADVOCATES WORKING TO PLUG INTO HILL
In some ways, the broadband over power line industry may be in a position
similar to where the broader Internet sector was during the drafting of the
1996 Telecommunications Act: It is a nascent, but promising sector, with
little money to spend on lobbying, and is being overshadowed by the policy
fights of deep pocketed telecommunications, media and cable companies.
While House Energy and Commerce Committee aides are taking pains to make
sure no technology is excluded as they draft legislation to reform portions
of the 1996 Telecom Act, there are some in the broadband over power line
(BPL) sector that worry their development could be hindered if they don't
do more to communicate with Capitol Hill. BPL involves technology that
enables high-speed data services to be sent over existing power lines in
the signal range left unused by electric utilities.
[SOURCE: National Journal's Insider Update, AUTHOR: Bara Vaida]
http://www.njtelecomupdate.com/lenya/telco/live/tb-WKNU1115070261210.html

TECH FIRMS WARM TO LOCAL NETWORKS
While cities that run their own communications networks appear to have some
support from the technology community, those attempting to create parity
among dominant providers and newcomers to the video-services market are
finding fewer allies in their quest to preserve local franchising authority
and revenue streams. Last month, the National League of Cities sent a
letter to House and Senate leaders asking them to oppose legislation that
would eliminate the requirement that telecommunications companies obtain
local franchises before offering pay television. That option "would limit
the benefits of head-to-head video competition to a chosen few and would
cause chaos in our streets across the country," the letter said.
[SOURCE: Technology Daily, AUTHOR: Chloe Albanesius]
http://www.njtelecomupdate.com/lenya/telco/live/tb-TASE1122326845799.html

TEXAS TELCO BILL WORRIES ADVOCATES
Consumer advocates on Monday slammed pending Texas legislation as harmful
to customers and a giveaway to major telecommunications companies.
Legislation that would further deregulate the Texas telecom market "will be
a veritable treasure trove for telecom giants and ... it's very likely to
result in higher prices, more discrimination and less local control for the
majority of Texas families," Kenneth Wang of the Texas Public Interest
Research Group said. Wang expressed concern that a statewide system "does
not account for the distribution of elderly, low-income or immigrant
population that is unique to each town." Towns will "no longer have the
authority to ensure that these groups are not being taken advantage of by
exploiting these variations." "Rate deregulation works when competition is
strong enough to hold prices down and push service quality up," said Tim
Morstad, a policy analyst with Consumers Union's Southwest office. "There
is virtually no competition in Texas for the most affordable rate package."
[SOURCE: Technology Daily, AUTHOR: Chloe Albanesius]
http://www.njtelecomupdate.com/lenya/telco/live/tb-XXJU1122327964985.html

FCC ESTABLISHES NET TELEPHONY E911 TASK FORCE
The Federal Communications Commission announced Monday the creation of a
task force made up of federal and state officials that will help enforce
911 service requirements for Internet telephony providers. The task force
is expected to develop educational materials to ensure that consumers
understand their rights and the requirements of the FCC's VoIP E911 Order,
which was issued back in May. It will also come up with rules to help
providers expedite compliance, and it will compile data and share best
practice information.
[SOURCE: C-Net|News.com, AUTHOR: Marguerite Reardon]
http://news.com.com/FCC+establishes+Net+telephony+E911+task+force/2100-7...
* FCC Press Release
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260150A1.doc

OPPOSITION TO ADELPHIA-COMCAST-TIME WARNER DEAL

* MAP Files Two Petitions to Deny in Opposition to Cable Industry Mergers
"Anti-Redlining" Petition to Deny: Demands Comcast and Time Warner carry
programming that addresses minority needs, conditions guaranteeing
deployment of broadband services on a timely basis to all neighborhoods,
and increased employment of Hispanics in decision-making positions.
http://www.mediaaccess.org/NHMCFinal.pdf
"Citizen" Petition to Deny: Argues that concentration of power over media
and residential broadband endangers free speech, diverse viewpoints, and
the rights of subscribers generally.
http://www.mediaaccess.org/AdelphiaPetitionToDeny.pdf

* One Reason Why The FCC and FTC Should Reject the Takeover of Adelphia by
Comcast and Time Warner: the Interactive Television "Tipping Point"
http://www.democraticmedia.org/news/Adelphiastatement.html

* CWA, IBEW Oppose Bid for Adelphia Assets
http://www.cwa-union.org/news/WhatsNew.asp?ID=685

POLICYMAKERS

POTENTIAL FCC NOMINEES
National Journal's Insider Update is reporting who's rumored to be
nominated for two open FCC seats: 1) Mike Meece, deputy director of the
office of the public liaison at the White House, 2) Richard Russell,
associate director for technology at the White House Office of Science and
Technology Policy and 3) Howard Waltzman, the top telecommunications aide
to House Energy and Commerce Chairman Joe Barton (R-TX).
http://www.njtelecomupdate.com/lenya/telco/live/tb-WKNU1115070261210.html
(2nd item)

KENNEDY DISCUSSES TELECOM REWRITE
An interview with California Public Utility Commissioner Susan Kennedy. She
served as cabinet secretary in the administration of former California Gov.
Gray Davis. He appointed her to the state's six-member public utility
commission before he was recalled by the voters in favor of Arnold
Schwarzenegger. But the Republican governor and the former executive
director of the California Democratic Party have been aligned in opposition
to the California Public Utility Commission's May 2004 approval of the
"bill of rights" governing the practices of wireless carriers. With the
support of the cellular telecommunications industry, Kennedy ignited a
backlash to the rules, calling them overbearing. The commission rescinded
the rules in January.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-NKNL1121703230273.html

ERIC R. STARK JOINS NTIA
Eric R. Stark of San Mateo, California, has joined the U.S. Commerce
Department's National Telecommunications and Information Administration
(NTIA) as Associate Administrator for the Office of Policy Analysis and
Development. In this capacity he directs the department that conducts
research and analysis and prepares policy recommendations for Assistant
Secretary of Commerce for Communications and Information Michael D.
Gallagher. Stark began his career with AT&T in Los Angeles in 1990 in a
sales operations role and then moved up through the ranks holding several
positions of increasing responsibility in sales and sales management. In
2002, he was named global account director in AT&T's San Francisco office,
responsible for leading a worldwide sales team for one of AT&T's largest
accounts. Stark received his Bachelor of Arts degree in economics and
business from Westmont College in Santa Barbara, California in 1990 and a
Master of Business Administration degree from the University of Southern
California in 1996. He and his wife Sabrina were married in 1993 and have
two children.
[SOURCE: National Telecommunications and Information Administration]
http://www.ntia.doc.gov/ntiahome/press/2005/stark_07252005.htm

QUICKLY

REPUBLICAN ATTACKS ON PBS PROGRAMS BIAS GETS RESULTS
[Commentary] This latest storm over funding cuts and alleged "liberal bias"
on PBS repeats a long standing pattern. PBS has a long history of
capitulating to pressure from conservative Republican politicians egged on
by right wing advocacy groups.
[SOURCE: MediaChannel.org, AUTHOR: Dr. Jerry Starr, Citizens for
Independent Public]
http://mediachannel.org/blog/node/287

PHONE FEES CALLED INTO QUESTION
What's with all the fees on your phone bill?
[SOURCE: Washington Post, AUTHOR: Don Oldenburg]
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/25/AR200507...
(requires registration)
See also --
The Telecommunications Research and Action Center Web site at
http://www.trac.org offers a free weekly e-newsletter, TRACNotes, plus
telephone-rate and fee news and information on how to choose the best phone
service for your needs.
For information on the campaign to stop taxes on wireless phone service,
visit http://www.Mywireless.org

LOCKYER BACKS SBC-AT&T DEAL
California Atty. Gen. Bill Lockyer said SBC Communications Inc.'s proposed
$16-billion purchase of AT&T Corp. was unlikely to harm competition for
most products.
[SOURCE: Los Angeles Times, AUTHOR: Bloomberg News]
http://www.latimes.com/business/printedition/la-fi-sbc26jul26,1,7788732....
(requires registration)

TELETRUTH FILES AGAINST FCC'S DATA
Today, Teletruth will file a Data Quality Act Complaint against the FCC's
statistics, claiming that the FCC is politically driven to inflate the
number of broadband connections in the United States, as well as presenting
a distorted picture of broadband in the US. The Data Quality Act requires
agencies to present data that is "objective", "reliable" and "accurate",
not politically biased. TeleTruth is a national, independent, customer
alliance dedicated to fixing the problems in telecommunications -- from
customer overcharging and harm to competitors, to the customer issues
surrounding Broadband deployment and competition.
[SOURCE: TeleTruth]
http://www.newnetworks.com/TeletruthBroadbandDQAmartin.htm

BIG BROADBAND BILL OF RIGHTS
FirstMile.US released its Big Broadband Bill of Rights as part of its
overall strategy to help drive the demand for big broadband everywhere. "We
believe that this Bill of Rights will begin to set the stage for clear,
intelligent discussion about the links, the applications and the devices
that are needed to ensure that every member of the American public has
access to big broadband," said Susan Estrada, FirstMile.US president. "We
hope that individuals and community groups will use it to start talking
locally about how to get big broadband deployed in their
community." Individuals and organizations are invited to become "signers"
of the Bill of Rights and show their support for the principles it embodies.
[SOURCE: FirstMile Press Release]
http://www.firstmile.us/

VIOLATIONS OF UNIVERSAL SERVICE FUND
The Federal Communications Commission issued Notices of Apparent Liability
("NALs") against three telecommunications carriers for apparently violating
Universal Service Fund ("USF") and other regulatory program laws, including
those for the Telecommunications Relay Service ("TRS"), the North American
Numbering Plan Administration ("NANPA"), and regulatory fees.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260156A1.doc

ILLINOIS VIDEO GAME LAW CHALLENGED
A new Illinois law restricting the sale of violent video games to minors is
unconstitutional, software makers and resellers asserted in a lawsuit filed
on Monday. Their court documents follow traditional First Amendment themes,
arguing that video games are protected by the same constitutional
principles that shield books and newspapers from intrusive government
regulation.
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/Illinois+video+game+law+challenged+in+court/2100-104...
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

July 25, 2005

For upcoming media policy events, see http://www.benton.org/calendar.htm

LEGISLATION
Telecom Bill Passage Said Unlikely This Year

MEDIA OWNERSHIP
Television and Radio Artists Discuss Media Consolidation
Is Comcast Too Big?
Groups Call for Adelphia Conditions

BROADCASTING
Newspapers and TV Stations Try Cross-Pollination
Satellite Radio's New Local Content Riles Broadcasters
A Spanish-TV Upstart Nips at Heels of No. 2 Telemundo
Sony BMG to Pay Fine In Settlement of Airplay Probe

TELECOM
FCC Eyes Recasting DSL as Information Service
Chip Start-Ups Battle to Provide Network Flexibility for Cellphones

QUICKLY -- Scrubbing the Airwaves; White House Warming to CBS; Why is it so
Hard to Cover the Supreme Court?; American Make DTVs, CEA Tells Senate;
Digital TV and E-Waste; Television Advertising Vs. Radio Advertising; NARUC
Considers Telecom Resolutions; Bush creates new post to fight global
piracy; Online News Consumers Become Own Editors; The hunt is on for
ed-tech visionaries; France Telecom Nears Purchase Of Spanish Wireless
Operator; Hong Kong to issue unified broadband licenses

LEGISLATION

TELECOM BILL PASSAGE SAID UNLIKELY THIS YEAR
U.S. lawmakers have been promising to begin overhauling the nation's
telecommunications laws to keep up with advancing technologies, but
analysts say the odds of passing a bill this year are slim. Although there
were predictions that legislation would be completed in the House by
August, only the first public drafts of reform bills are expected to be
unveiled this week. Telephone companies such as Verizon Communications and
SBC Communications are pushing Congress to ease regulations so they can
quickly deploy high-speed Internet services such as video, voice and data.
Lawmakers may also consider curbing some states' oversight of the industry
and are likely to consider revamping the program that offers subsidies for
telephone service to low-income homes and rural areas. Yet, higher on the
priority list for Congress is a bill to finish the transition to digital
television airwaves. The old analog airwaves will be sold for wireless
services and could bring billions to plug the federal budget deficit.
[SOURCE: Reuters]
http://www.latimes.com/business/printedition/la-fi-preview25jul25,1,2998...
(requires registration)

MEDIA OWNERSHIP

TELEVISION AND RADIO ARTISTS DISCUSS MEDIA CONSOLIDATION
The 60th Convention of the American Federation of Television and Radio
Artists was held in Los Angeles last week. Keynote speaker FCC Commissioner
Michael J. Copps addressed the conference Friday morning, emphasizing the
need to prevent media consolidation and vertical integration between a
handful of powerful media companies. He called the FCC's June 2003 ruling
to relax restrictions on media ownership a "spectacular failure" and agreed
with the federal appeals court in Philadelphia, which rejected the new
regulations, and the Supreme Court, which refused to hear an appeal by the
media companies involved in the Philadelphia decision. Copps promised to
unveil a new process the FCC will use to interact with Congress and the
public "in a month or two." He called upon AFTRA to help the FCC understand
the effects of media consolidation on the entertainment industry. When
asked how the FCC's stronger policy against moral indecency in the media
may affect actors, he said "Our job is not to go after performers. But we
deal with broadcast licensing. It's their responsibility to deal with their
performers in a mutually satisfactory fashion." Actor and AFTRA delegate
Morgan Fairchild, who is also active on several SAG boards, spoke on media
consolidation from an actor's perspective before Thursday's voting session.
"Everything seems to come down to the same five or six companies now," she
said. "It's a very different economic culture that we're in. There seem to
be lists of people that they will hire, and if you're not on that list --
whether you're a writer, producer, or actor -- you don't get hired. It
marginalizes a lot of people, especially older people, people trying to get
started, and middle-class actors trying to make a living." Fairchild
encouraged actors to participate more in the unions and emphasized the need
for unity among AFTRA, Screen Actors Guild, and Actors' Equity Association.
She also commented on another point Copps made regarding the need to stay
on top of emerging media that could employ actors. "As soon as you start to
deal with one technology, there's another one emerging," she said. "There
are all of these different ways that we as performers can be used to a good
advantage but also possibly not paid for that work." AFTRA recently
accepted a controversial contract with Electronic Arts, Activision, and
other videogame companies, which calls for a 36 percent wage increase. SAG,
however, rejected the contract on the grounds that it does not allow
residual payments for voiceover and other performers.
[SOURCE: Backstage.com, AUTHOR: Lauren Horwitch]
http://www.backstage.com/backstage/news/article_display.jsp?vnu_content_...
* FCC Commissioner Michael J. Copps and Mayor Antonio Villaraigosa Address
the AFTRA Convention in Los Angeles
http://www.aftra.org/press/pr_20050717_fccVill.htm

IS COMCAST TOO BIG?
There's a growing chorus among programmers and competitors decrying cable
giant Comcast's market power. Many in Congress and at the Federal
Communications Commission and Federal Trade Commission are exploring a
thorny question: Is Comcast too big? What they decide could have an adverse
impact on Comcast that could affect the larger cable industry at a time
when Washington is seriously considering rewriting broad swaths of
telecommunications policy. Comcast is already expected to be one target in
a new round of Senate hearings on media consolidation that antitrust
staffers are quietly planning. Programmers and competitors will likely
testify soon on the company's market power -- and questions of abuse. DBS
rivals DirecTV and EchoStar are making forceful new arguments to the FCC
about Comcast's national scale and its strategy of clustering cable
systems. Comcast's local strength could thwart their access to important
regional sports networks -- or at least could increase their cost. Comcast
has long exploited a legal loophole and refused to sell its Philadelphia
sports channel to satellite companies. One result: Just 8% of metro-Philly
homes subscribe to DBS, the fourth-lowest penetration rate of the 212
Nielsen TV markets and half the average rate of the 10 largest. Although
the government is hardly likely to force Comcast to sell systems, the FCC
or FTC could impose new rules on how the company deals with programmers.
The new scrutiny stems in large part from the planned $17.6 billion sale of
Adelphia Communications. Comcast and Time Warner have teamed to buy the 5.2
million-subscriber operator out of Chapter 11. They plan to divide the
systems, swap ones they already own, and extinguish Comcast's 21% stake in
Time Warner Entertainment. Comcast will walk away with 2.2 million new
subscribers; Time Warner with 3 million. Time Warner will face scrutiny as
well, in part because it, too, is tough on programmers. One company
advisor, seeking to distance the two operators, notes that Time Warner
Cable will be half Comcast's size. Even Comcast acknowledges that its size
has made it an inevitable target.
[SOURCE: Broadcasting&Cable, AUTHOR: John Higgins]
http://www.broadcastingcable.com/article/CA628786?display=Feature&referr...
(free access for Benton's Headlines subscribers)
* Report: Cable Bills To Top $100 by 2008
A new report from Kagan Research says cable subscribers should expect the
average cable bill to jump from $80 a month in 2005 to the $100 mark in
2008 as they sign on for new services like voice, improved data and even
wireless.
http://www.broadcastingcable.com/article/CA628704?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Kagan: Cable Revenue to Double by 2015
http://www.multichannel.com/article/CA628711.html?display=Breaking+News
(requires subscription)

GROUPS CALL FOR ADELPHIA CONDITIONS
Media Access Project, a public-interest law firm, filed, on behalf of many
organizations, a petition to deny the sale of Adelphia cable system assets
to Comcast and Time Warner. To the extent the FCC approves the merger, the
groups called for major conditions including application of federal
program-access rules to cable video-on-demand content and a requirement
that Comcast and Time warner provide consumers with multiple
Internet-access providers or adhere to network-neutrality rules with regard
to Internet-content providers. MAP's clients challenging the deal were:
Free Press, Center for Creative Voices in Media, Office of Communication of
the United Church of Christ Inc., U.S. Public Interest Research Group,
Center for Digital Democracy, CCTV, Center for Media & Democracy, Media
Alliance, National Hispanic Media Coalition, the Benton Foundation and
Reclaim the Media.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA628816.html?display=Breaking+News
(requires subscription)
* FCC asked to put limits on deal for Adelphia
http://www.usatoday.com/printedition/money/20050725/1b_adelphia_25.art.htm

BROADCASTING

NEWSPAPERS AND TV STATIONS TRY CROSS-POLLINATION
More than 100 stations have newspaper partners, according to a new survey
by Ball State University. At a time when newspapers and TV stations are
seeing their audiences decline, industry executives believe that local
media need to find ways to grow their share. Tapping into each other's
audience, they say, can create new consumers. The timing is crucial: Daily
newspaper readership fell from 58.6% of adults in 1998 to 52.8% in 2004,
according to the Newspaper Association of America. From May 1997 to May
2004, the average audience share for TV stations' early-evening news
dropped 18%, while late news slipped 16%, according to the Project for
Excellence in Journalism and BIA Financial. Banding together, news
directors say, strengthens both products. Although these alliances look
good on paper, they can be difficult to execute. A major obstacle, news
directors say, is the culture clash between newsrooms. Newspaper reporters
often see their TV colleagues as lacking depth, an attitude that makes TV
reporters resentful.
[SOURCE: Broadcasting&Cable, AUTHOR: Allison Romano]
http://www.broadcastingcable.com/article/CA628790?display=News&referral=...
(free access for Benton's Headlines subscribers)
* Singin' the News Blues
[Commentary] I don't believe I've ever heard more folks in the industry
bemoaning the state of television news. Almost everyone in the game
operates in a state of uncertainty.
http://www.broadcastingcable.com/article/CA628823.html?display=News&refe...
(free access for Benton's Headlines subscribers)

SATELLITE RADIO'S NEW LOCAL CONTENT RILES BROADCASTERS
Local traffic and weather reports are among the most basic services radio
can provide. Now, these features are the latest front in a widening battle
between broadcasters and their upstart satellite radio competitors. XM
Satellite Radio and Sirius Satellite Radio are moving quickly to add local
features to their services, hoping to make a dent in a stronghold of
traditional broadcasters. Both XM and Sirius already offer traffic and
weather channels in certain major markets and both companies show signs of
wanting a bigger local presence. Longtime radio broadcasters say that is a
betrayal of satellite's formal mandate. They argue that, when the Federal
Communications Commission agreed to award satellite radio licenses in 1997,
it acted with the understanding that satellite would be a national service
only. Satellite providers say they never made such a promise, and there is
nothing in their licensing agreements forbidding local programming. The
National Association of Broadcasters, the TV and radio industry's main
trade group, has seized on a recent XM spectrum acquisition as a chance to
rally forces against satellite's advances into local content. The FCC just
opened a comment period for the acquisition, a routine procedure for any
license transfer. But the NAB isn't waiting on the FCC. The day after XM
announced its plans, NAB President Eddie Fritts sent a letter to every
member of the House of Representatives, calling XM's pending acquisition
"part of a longstanding pattern of deception by the satellite radio
industry." He asked members to support a bill introduced this year by Chip
Pickering (R., Miss.) and Gene Green (D., Texas) that would prevent
satellite services from using their on-the-ground repeaters, which
strengthen the national satellite signal in certain areas, to deliver
content to some locations and not others. The bill also would mandate the
FCC to examine the legality of delivering local content on nationally
distributed channels and would forbid satellite radio from using any
technology created in the future to deliver local content. So far, the bill
is stuck at the subcommittee level with little chance of seeing action
before the autumn at earliest.
[SOURCE: Wall Street Journal, AUTHOR: Sarah McBride sarah.mcbride( at )wsj.com]
http://online.wsj.com/article/0,,SB112225495906094590,00.html?mod=todays...
(requires subscription)

A SPANISH-TV UPSTART NIPS AT HEELS OF NO. 2 TELEMUNDO
TeleFutura is the nation's third Spanish-language television network and it
is making waves in the business. While the industry long has watched the
rivalry between top-rated Univision and perennial No. 2 Telemundo, the most
interesting fight these days is TeleFutura's quest to unseat Telemundo in
the second slot. Unless the programming lineup of Telemundo, a unit of
General Electric Co.'s NBC Universal, strikes a chord with more U.S.
Hispanics in the upcoming season, Univision Communications soon may boast
the top two positions in Spanish-language television. When General Electric
acquired Telemundo three years ago, it was betting on the growth of the
Hispanic population in the U.S. Spanish-language television is adding
viewers and advertisers faster than mainstream English-language television.
Thus, regardless of what network occupies the No. 2 spot in the coming
season, all three players are likely to keep expanding. Hispanics are the
largest minority in the U.S., numbering about 41 million. The steady stream
of immigrants from Latin America provides an ever-growing audience for
Spanish-language TV. Broader programming is drawing bilingual viewers, too.
Advertisers are taking note. Ad spending on Spanish-language television
jumped 19.6% in the first quarter of 2005 compared with the same quarter a
year earlier, according to Nielsen Monitor-Plus. Overall U.S. media ad
spending rose a paltry 2.4% in the first quarter from a year earlier.
[SOURCE: Wall Street Journal, AUTHOR: Miriam Jordan miriam.jordan( at )wsj.com]
http://online.wsj.com/article/0,,SB112225742216794624,00.html?mod=todays...
(requires subscription)

SONY BMG TO PAY FINE IN SETTLEMENT OF AIRPLAY PROBE
New York Attorney General Eliot Spitzer is expected to announce today a
settlement with Sony BMG Music Entertainment as part of an 11-month
investigation into how music companies influence which songs get played on
radio stations including providing gifts, trips and tickets to executives.
The settlement is to include a fine of at least $10 million, as well as
changes in Sony BMG's radio-promotion practices and an acknowledgment that
some of those practices have been improper. The investigation focuses on
the use of so-called independent promoters: middlemen who are paid to plug
new songs to radio stations, and who pay the stations for the right to do
so, which is legal. The latter practice often has been likened to payola --
direct payment, either to executives or stations themselves, in exchange
for airplay of specific songs -- which is illegal under U.S. federal law.
[SOURCE: Wall Street Journal, AUTHOR: Ethan Smith ethan.smith( at )wsj.com]
http://online.wsj.com/article/0,,SB112207550570593873,00.html?mod=todays...
(requires subscription)

TELECOM

FCC EYES RECASTING DSL AS INFORMATION SERVICE
A plan by FCC Chairman Kevin Martin to reclassify teleco's high-speed
Internet service, DSL, as an information service is circulating among the
other commissioners's offices, seeking approval. The new classification
would lessen regulation of Internet access service provided by incumbent
phone companies. The move was expected after the US Supreme Court's Brand X
ruling, which upheld similar FCC handling of cable modem service. Chairman
Martin reportedly had hoped to gain enough backing to land the item on the
Aug. 4 Commission agenda, but sources voiced doubts. The item wasn't on an
internal list of agenda items circulated 3 weeks before each meeting.
Sources said that means Martin is still negotiating with the Commission's
two Democrats for their support. With Commission membership down to four,
the Chairman needs at least one Democrat to pass anything. The item
possibly could be placed on the agenda this week, a source said, but that
would have to occur before Thursday, when the official list of agenda items
will be released to the public.
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)

CHIP START-UPS BATTLE TO PROVIDE NETWORK FLEXIBILITY FOR CELLPHONES
A new breed of startups is closing in on a high-tech holy grail: chips that
could help cellphones jump between different communications networks to
give users the best service. Backers of such "software-defined" chips
believe they will hasten the arrival of multi-function phones and other
portable devices that can do tricks like watching broadcast TV and surfing
the Web at the speeds of home broadband connections. They hope to grab a
chunk of a cellular chip market that totaled $22.4 billion in 2004,
according to Forward Concepts, a market-research firm. But the basic idea
of multifunction phones face a chicken-and-egg problem. Though cellphone
users now can roam among some networks when they travel, carriers are not
exactly eager to let users jump among services in their home market.
[SOURCE: Wall Street Journal, AUTHOR: Don Clark don.clark( at )wsj.com ]
http://online.wsj.com/article/0,,SB112224041698594289,00.html?mod=todays...
(requires subscription)

QUICKLY

THE MEDIA INDUSTRY AND INDECENCY: SCRUBBING THE AIRWAVES
More than any other industry, America's multi-billion-dollar entertainment
business is caught in the crossfire of the country's culture war. Media
firms have always had to walk a fine line between giving adults realistic
shows and shielding children from sex and bad language. But thanks to the
current political clout of social conservatives, TV and radio firms are
under more attack than ever for allegedly corrupting America's youth.
Congress is threatening to increase sharply fines for airing indecent
material, and some politicians want to regulate cable and satellite TV for
indecency for the first time. Over 80% of American homes subscribe either
to cable or satellite TV, but only broadcast television, which is
technically free, is subject to indecency regulation. The media industry
fears that new rules could damage its business model.
[SOURCE: The Economist]
http://www.economist.com/business/displayStory.cfm?story_id=4199162

CBS CHAIRMAN MOONVES TOUTS WHITE HOUSE WARMING TO NETWORK WITH SCHIEFFER AT
HELM
In the July 21 edition of The Philadelphia Inquirer, columnist Gail Shister
quoted CBS chairman Les Moonves: "That's not the end-all, be-all, but
obviously the White House doesn't hate CBS anymore with [Bob] Schieffer in
the anchor chair." But far from hating CBS, the White House has reason to
embrace the network and its selection of Schieffer to serve as interim
anchor following Dan Rather's departure as anchor of the CBS Evening News.
Schieffer has previously described his "golfing friendship" with President
Bush "during the 1990s" and has said, "It's always difficult to cover
someone you know personally."
[SOURCE: Media Matter for America]
http://mediamatters.org/items/200507220005

THE SUPREME CHALLENGE: ZERO VISUALS TIMES 9
For a visual medium, the lack of pictures is crucial. The amount of airtime
devoted to untangling Supreme Court decisions is dwarfed by the cases
involving Martha Stewart, Michael Jackson and Kobe Bryant. By contrast,
major court rulings on medical marijuana, racially influenced jury
selection and government seizure of private property tend to be one- or
two-day stories at best. Television reports on these high-court rulings are
also eclipsed by all those speculative stories about William Rehnquist
stepping down (he isn't) and whether President Bush would pick Edith
Clement or some other judge besides Roberts for the Sandra Day O'Connor
vacancy (he didn't). Just as political reporters cover campaigns far more
than governing, the Roberts selection provides the media with a clear story
line -- whether the Senate will confirm the appeals court judge. But with
no Clarence Thomas-style controversy to feast upon, the networks could
quickly tire of examining the details of Roberts's record and judicial
philosophy. How likely is it that the Roberts confirmation hearings -- the
first such Senate showdown in the era of three cable news networks -- will
draw gavel-to-gavel coverage for long disquisitions on "originalist" and
"strict constructionist" philosophies? If the battle turns bloody, which
seems less likely than if Bush had picked a more incendiary nominee, the
coverage will heat up. But when the first Monday in October rolls around,
the justices will again be bit players on television news.
[SOURCE: Washington Post, AUTHOR: Howard Kurtz]
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/24/AR200507...
(requires registration)

US ROLE IN DTV PRODUCTS 'QUITE SIGNIFICANT,' SHAPIRO TELLS SENATE
"Contrary to what you may have heard otherwise," the role of U.S. companies
in the development and production of digital television products "is quite
significant," Consumer Electronics Association President Gary Shapiro told
the Senate Commerce Committee in a letter Friday. Shapiro said the ATSC
system was invented in the U.S. by a "Grand Alliance" of firms. Moreover,
Shapiro said, "today's DTV products use highly sophisticated chips made by
leading U.S. technology firms, including Texas Instruments, Liberate
Technologies, Rockwell, Intel, Broadcom, Zoran and Zarlink." He said about
$10 billion worth of U.S.-produced components are used annually in TV sets
assembled here and abroad. CEA estimates 1.8 million Americans owe their
jobs to the U.S. CE industry, "which spans not just manufacturing, but
content development, retail sales, broadcasting, mobile communications, and
cable and satellite,"
[SOURCE: Communications Daily, AUTHOR: Paul Gluckman]
(Not available online)

DIGITAL TRANSITION WON'T TRIGGER WASTE ANALOG SETS, SAYS CE INDUSTRY
As Congress mulls fixes for burgeoning electronics waste (e-waste),
industry is seeking to convince people that the digital television
transition won't dump mountains of analog sets into the waste stream.
Analog sets linked to cable or DBS still will work after the transition,
says Parker Brugge, CEA senior dir. & environmental counsel. Only TVs
relying wholly on over-the-air signals -- about 12% of households -- will
go dark, he said, and even those can be fitted with DTV converters.
[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]
(Not available online)

A BOASTING MATCH PITS TELEVISION ADVERTISING AGAINST RADIO
Oddly enough, the Radio Advertising Effectiveness Laboratory and the
Television Bureau of Advertising have different opinions about which medium
offers a more effective platform for advertisers. The two groups are
playing dueling press releases, if you haven't caught up on your faxes, you
can now at the URL below.
[SOURCE: New York Times, AUTHOR: Alex Mindlin]
http://www.nytimes.com/2005/07/25/business/media/25ratings.html?
(requires registration)

NARUC PANELS FACE STACK OF TELECOM RESOLUTIONS AT SUMMER MEETING
The National Association of Regulatory Commissioners (NARUC) is meeting is
Austin (TX) this week and the agenda includes proposals on telecom mergers,
federal legislative reform, Lifeline/universal service and cost recovery.
[SOURCE: Communications Daily, AUTHOR: Herb Kirchhoff]
(Not available online)
For a closer look at the telecom agenda, see
http://summer.narucmeetings.org/telecom0705.pdf
* Commissioner Tony Clark of the North Dakota Public Service Commission to
serve as Chair of the Telecommunications Committee for NARUC
http://www.naruc.org/displayindustryarticle.cfm?articlenbr=26923

BUSH CREATES NEW POST TO FIGHT GLOBAL PIRACY
President Bush has created a new senior-level position to fight the global
piracy and counterfeiting of American products ranging from Hollywood
movies to Detroit auto parts, Commerce Secretary Carlos Gutierrez said on
Friday.
[SOURCE: Reuters, AUTHOR: ]
http://today.reuters.com/news/newsArticle.aspx?type=internetNews&storyID...

ONLINE NEWS CONSUMERS BECOME OWN EDITORS
Online news consumers are increasingly taking charge, getting their news a
la carte from a variety of outlets. Rarely do they depend on a single news
organization's vision of the day's top stories. "The old idea of surfers
coming to your Web site and coming to your front door, that's going away,"
said Lasica, a former editor at The Sacramento Bee. "People are going to
come in through the side window, through the basement, through the attic,
anyway they want to."
[SOURCE: Associated Press]
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...

THE HUNT IS ON FOR ED-TECH VISIONARIES
The search is on for the nation's top education visionaries. Dell, the
nation's leading provider of computers to schools, and the world's leading
software maker, Microsoft, have announced the creation of a Visionary
Award. The program seeks to empower forward-thinking educators by providing
the tools and resources to help them upgrade the nation's classroom for the
21st century.
[SOURCE: eSchool News, AUTHOR: Corey Murray]
http://www.eschoolnews.com/news/showStory.cfm?ArticleID=5790

FRANCE TELECOM NEARS PURCHASE OF SPANISH WIRELESS OPERATOR
France Telecom has apparently emerged as the likely winner of an auction
for Amena, tentatively agreeing to a deal for the Spanish wireless
operator. The offer under discussion values Amena at about $12.79 billion
and would include a mix of cash and shares as well as debt that the French
company would assume. A detailed breakdown of the payment terms were still
being worked out. Amena is part of Spanish telecommunications and cable
operator Grupo Auna SA, which has been for sale for months. As part of the
deal, Auna's shareholders may retain a minority stake in Amena.
[SOURCE: Wall Street Journal, AUTHOR: Cassell Bryan-Low
cassell.bryan-low( at )wsj.com and Brian Lagrotteria
brian.lagrotteria( at )dowjones.com]
http://online.wsj.com/article/0,,SB112221122488094203,00.html?mod=todays...
(requires subscription)

HONG KONG TO ISSUE UNIFIED BROADBAND LICENSES NEXT YEAR
Hong Kong will issue licenses next year to allow both fixed and mobile
phone firms to offer broadband wireless services, newspapers said on
Saturday, bringing "anytime, anywhere" Internet access closer to reality.
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&story...
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

July 22, 2005

Hey, don't be sneaking off on vacation yet... we've got a week+ of Congress
left, the agenda for the August FCC meeting to be released Thursday, and
the FCC will be discussing Increasing Telecommunications Services in Indian
Country, too. For upcoming media policy events, see
http://www.benton.org/calendar.htm

LEGISLATION
NAB Supports Ratings Oversight Bill
Verizon-Backed Bill in Texas Has 30 More Days
Video News Release Bill Set for Markup
Senators Want Telecom Fund To Include Broadband Access
Inflight Turbulence for the Net
Congress to take up VoIP 911 rules in September
Internet Challenges Regulatory Jurisdictions

CABLE/SATELLITE
Groups Ask FCC to Block Adelphia Sale
XM Could Localize Mobile Multimedia with New
WCS Spectrum; NAB Not Pleased

QUICKLY -- TWU sets up picket lines; Media Companies Can't Rely on DVD
Sales; DVR, VOD Households Double; New Radio Ratings Method Might Boost Ad
Sales; AT&T-Backed Report Gauges Effects Of Telecom Taxes; 103 Million
Chinese Use Internet

RECENT FCC ORDERS RELEASED

LEGISLATION

NAB SUPPORTS RATINGS OVERSIGHT BILL
The NAB has come out in support of a bill that would increase government
oversight of TV ratings. "As a matter of principle, NAB generally prefers
voluntary inter-industry cooperation to additional government involvement
as a solution to these issues," NAB President Eddie Fritts wrote Senator
Conrad Burns (R-MT). "But, as a matter of practise, we drop all pretense of
principle at the drop of a dollar bill," whispered a bitter Headlines
writer. Fritts actually completed his thought writing, "However, in the
absence of voluntary resolution, we wish to voice our support for S. 1272."
The bill would require Nielsen or any other TV ratings system to get
accreditation by the Media Ratings Council (MRC) for its system or any
changes to its system. The bill would also mandate accuracy in "all the
aspects of audience viewing behavior that it is intended, or is
represented, to convey, using accurate statistical methods and social
sciences data," a mandate that would appear somewhat problematic in its
enforcement, though clients could sue for inaccuracy. The MRC would also be
required to report annually to the Federal Trade Commission, the FCC and
Congress.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA628302?display=Breaking+News&...
(free access for Benton's Headlines subscribers)
* Comcast Spotlight Opposes MRC Bill
Comcast Spotlight, the ad-sales arm of Comcast, has joined in the
opposition to S. 1272. "While there has been a persistent effort by certain
broadcasting companies -- and organizations they have funded -- to portray
this debate as affecting the public interest, the simple fact is that those
companies are trying to hold back technological progress because it
threatens their bottom line," writes Comcast Spotlight president Charles
Thurston.
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
http://www.multichannel.com/article/CA628347.html?display=Breaking+News
(requires subscription)

VERIZON-BACKED BILL HAS 30 MORE DAYS
Let's go to double-overtime in Texas! The special session of the Texas
legislature -- which is considering a statewide franchise bill supported by
Verizon Communications -- timed out Wednesday at midnight, but not before
Gov. Rick Perry called another 30-day special session to allow the
government to complete its business. Now the question remains whether the
legislature can resolve its most difficult issues -- education and
property-tax reform -- so it can move onto other issues before it,
including the bill that will authorize broadband over power lines, in
addition to easing the transition of telephone companies into cable.
[SOURCE: Multichannel News, AUTHOR: Linda Haugsted]
http://www.multichannel.com/article/CA628349.html?display=Breaking+News
(requires subscription)
* Telecom Debate Restarts In Texas
http://www.njtelecomupdate.com/lenya/telco/live/tb-JHRG1121979089364.html

VIDEO NEWS RELEASE BILL SET UP FOR MARKUP
Senate Commerce Committee Chairman Ted Stevens (R-Alaska) agreed to mark up
a bill mandating disclaimers on government.-produced video news releases
(VNRs) during a reportedly combative markup session of an Federal Trade
Commission reauthorization bill, Senate sources said. Sen. John Kerry
(D-MA), backing the VNR bill with Sen. Lautenberg (D-NJ), said he's been
trying to move it forward for two months but couldn't get Stevens'
commitment to a hearing. issues. Sen Kerry's bill would require VNRs
prepared by the government to contain clearly labeled disclaimers alerting
viewers to the source. It also would put the FCC in charge of designing the
disclaimers and drafting the language.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)

SENATORS WANT TELECOM FUND TO INCLUDE BROADBAND ACCESS
Sens. Gordon Smith (R-OR) and Byron Dorgan (D-ND) are in the early stages
of drafting legislation that would expand the program designed to provide
ubiquitous telephone coverage to include high-speed Internet access. The
bill would make money in the Universal Service Fund available so
telecommunications providers could build out broadband facilities. Rep. Lee
Terry (R-NE) is also working on a USF bill that would extend funding to
broadband.
[SOURCE: Technology Daily , AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-CBBU1121978900437.html

INFLIGHT TURBULENCE FOR THE NET
[Commentary] The FBI, along with the Departments of Justice and Homeland
Security, wants to be able to read or block online communications to and
from airplanes. They have applied to the Federal Communications Commission
for this authority and would use it only after obtaining a court order for
each case. But why make the request of the FCC? Congress is considering
renewal of the Patriot Act. Certainly compromising Internet privacy rights
inflight, and the potential for the same technology to find a landing pad
on overall Internet use on the ground, should be debated and decided by
legislators accountable to the citizens rather than by administrators
appointed by the President. Public confidence in the security of airplanes
is likely to trump private electronic communications every time. It would
be best if the decision of privacy rights were part of a democratic process
rather than a bureaucratic ruling.
[SOURCE: The Christian Science Monitor, AUTHOR: Editorial Staff]
http://www.csmonitor.com/2005/0722/p08s03-comv.html

CONGRESS TO TAKE UP VOIP 911 RULES IN SEPTEMBER
Congress expects to begin hearings on its proposed 911 service requirements
for Internet telephone service (VoIP) providers in September. On June 29,
new FCC rules on emergency services over VoIP went into place, but Congress
will consider legislation introduced in May in both houses. Congress under
the proposed legislation would give the FCC the power to set requirements
for VoIP providers, though "only to the extent that the Commission
determines such regulations are technologically and operationally
feasible," according to the text of the bill. The bill would also require
that IP-enabled services receive "nondiscriminatory" access to the
emergency services infrastructure, while holding VoIP providers responsible
for designing functional systems to grant that access and for notifying
their customers before the access becomes available. It would protect VoIP
providers from getting sued, as it does for wireless and wireline
companies, once the 911 access is in place. Jim Kohlenberger, executive
director of the Voice On the Net Coalition, a VoIP advocacy organization,
said that meeting the FCC's 120-day requirements is a "very big challenge."
But the proposed legislation "is providing some progress," he added, by
giving the liability relief and facilitating access to the 911 networks.
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
http://news.com.com/Congress+to+take+up+VoIP+911+rules+in+September/2100...

INTERNET CHALLENGES REGULATORY JURISDICTIONS
The awkwardly constructed Telecom Act of 1996 has led to unnecessary
tension among federal, state and local regulators, but the digital
revolution has paved the way for a new framework. So concludes the
Federal-State Framework Working Group of The Progress & Freedom
Foundation's Digital Age Communications Act (DACA). In a working draft
paper and model legislation, the Working Group proposes a new charter for
federal, state and local cooperation that seeks to maximize the expertise
and advantages of each regulatory level while recognizing the inherent
interstate, and international, nature of the Internet. The paper is being
released for public feedback, and will be presented next week at the
National Association of Regulatory Utilities Commissioners (NARUC) summer
meeting.
[SOURCE: Progress and Freedom Foundation Press Release]
http://www.pff.org/news/news/2005/072105fed-state-paper.html

CABLE/SATELLITE

GROUPS ASK FCC TO BLOCK ADELPHIA SALE
Public interest groups, rival satellite companies and cable programmers
Thursday filed papers asking federal regulators to block or impose
conditions on the acquisition of Adelphia Communications by the nation's
two largest cable TV providers. Some critics said the deal would give the
two buyers, Time Warner and Comcast, monopolistic powers that could deprive
competitors of programming. Others objected to how the sale would make Time
Warner the dominant pay-television provider in Los Angeles, the nation's
second-largest market. Despite their complaints, however, analysts say the
Federal Communications Commission is unlikely to block the $17.6- billion
deal, which was struck in April pending approval of regulators and the U.S.
Bankruptcy Court. Adelphia filed for bankruptcy protection three years ago
amid an accounting scandal.
[SOURCE: Los Angeles Times, AUTHOR:Sallie Hofmeister]
http://www.latimes.com/business/printedition/la-fi-adelphia22jul22,1,413...
(requires registration)
* DirecTV Tackles Adelphia Merger
DirecTV wants guaranteed access to regional sports networks before the
federal government approves the takeover of Adelphia Communications by
Comcast and Time Warner.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA628523.html?display=Breaking+News
(requires subscription)

XM COULD LOCALIZE MOBILE MULTIMEDIA WITH NEW WCS SPECTRUM; NAB NOT PLEASED
XM's acquisition of WCS Wireless last week for $200 million in a stock
transaction added new bandwidth to old arguments between satellite radio
and the NAB. XM wants to use its new spectrum to get in on what other major
communications companies like Cingular, Verizon, Sprint and Qualcomm are
pursuing -- mobile media, including video clips, local weather, music,
sports and other data services. With the WCS Wireless purchase, XM gained
10 MHz of spectrum covering over 1/2 the U.S. population that could be used
to do that. The move had analysts speculating on how XM could use the
spectrum to "localize" its content with audio tailored for specific
markets, noting that broadcasters are likely to fight the idea. In a July
15 letter to Congress, the NAB argued satellite radio is trying to get
around the terms of its national-only licenses. XM's WCS Wireless
acquisition "is part of a long standing pattern of deception by the
satellite radio industry," said the NAB: "When the FCC licensed satellite
radio, it intended a national radio service that would supplement, not
detract from, the important services of free, local radio. [The WCS
Wireless] announcement is further proof that the satellite industry has no
intention of abiding by the terms of their licensure."
[SOURCE: Communications Daily, AUTHOR: Adrianne Kroepsch]
(Not available online)
Press Release on XM/WCS Wireless Deal:
http://www.xmradio.com/newsroom/screen/pr_2005_07_13.html
Text of NAB letter:
http://www.nab.org/newsroom/pressrel/statements/071405_XM_WCS_House_Lett...

QUICKLY

TWU SETS UP PICKET LINES TO PROTECT MEMBERS
The Telecommunications Workers Union announced early Thursday that it is
setting up picket lines across Alberta and British Columbia effective 6:00
a.m., local time. This is 18 hours in advance of the Friday deadline when
Telus intends to impose its contract on employees.
[SOURCE: Telecommunications Workers Union Press Release]
http://www.twu-canada.ca/cgi-bin/news/fullnews.cgi?newsid1121929200,1775,

MEDIA COMPANIES CAN'T RELY ON DVD SALES
DVD players are one of the most popular consumer devices in history,
reaching more than 70% of television households in just eight years. And
DVD-owning households were buying as many as 20 DVDs a year as recently as
2004, according to the Motion Picture Association of America. But as new,
typically lower-income, households buy DVD players, they are likely to
purchase fewer DVDs. According to Fox Home Entertainment, recent adopters
are buying only seven titles a year. Now the question is how quickly the
sales will degenerate. The industry believes it can counter the domestic
slowdown by tapping the less mature international market and pushing sales
of a new generation of disc designed for high-definition TV. However, right
now the studios are wasting time squabbling over two rival high-definition
formats.
[SOURCE: Wall Street Journal, AUTHOR: Julia Angwin julia.angwin( at )wsj.com and
Merissa Marr merissa.marr( at )wsj.com]
http://online.wsj.com/article/0,,SB112199755082193001,00.html?mod=todays...
(requires subscription)

STUDY: DVR, VOD HOUSEHOLDS DOUBLE
The numbers of U.S. households with digital-video recorders and access to
video-on-demand have both doubled in the past year, according to a report
released Thursday by Leichtman Research Group. About 8% of U.S. households
have DVRs, while 23% of cable subscribers said they have accessed VOD
content from local operators, LRG said.
[SOURCE: Multichannel News, AUTHOR: Steve Donohue]
http://www.multichannel.com/article/CA628351.html?display=Breaking+News
(requires subscription)
* DVRs On the Rise
http://www.broadcastingcable.com/article/CA628453?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

NEW RADIO RATINGS METHOD MIGHT BOOST AD SALES
A new way to electronically track listening trends in radio could spur
advertisers to spend an additional $400 million a year, according to data
released on Wednesday, but industry analysts said more needs to be done to
boost the sluggish medium. The new study, conducted by Forrester Research
and commissioned by the Radio Advertising Bureau, explored how Arbitron's
Portable People Meter electronic ratings service, now being tested in
Houston, would affect the $20 billion radio industry as it struggles
against increased competition from satellite radio, iPods and other devices.
[SOURCE: Reuters, AUTHOR: Sue Zeidler]
http://today.reuters.com/news/newsArticle.aspx?type=industryNews&storyID...

AT&T-BACKED REPORT GAUGES EFFECTS OF TELECOM TAXES
A new report by Ernst & Young and commissioned by AT&T finds that the
telecommunications industry is taxed at a higher rate than other types of
businesses. In fiscal 2004, the telecom industry paid $16.5 billion in
state and local taxes. Thirty-two percent of the taxes came from gross
receipts and excise taxes, while 28 percent came from property taxes. Such
taxation has negative consequences for consumers, the report contended. The
gross-receipt levels and property taxes have resulted in an effective tax
rate of 11.8 percent on telecom, the report said. That effective tax rate
represents the estimated state and local taxes paid by each industry,
divided by the U.S. value added for each industry. Value added represents
economic activity and incomes attributable to all of the labor and capital
used in the industry. The utility industry was the only one to rank above
telecom, with an 18 percent effective tax rate.
[SOURCE: Technology Daily, AUTHOR: Fresia Rodriguez Cadavid]
http://www.njtelecomupdate.com/lenya/telco/live/tb-UONV1121979451937.html

CHINA INTERNET USERS GROW 18% TO HIT 103 MILLION
The number of Web users in China, the world's second largest Internet
market, grew by 9 million people in the first half of this year to hit 103
million, the China Daily said on Friday. The growth represented an increase
of 18.4 percent over the same period last year.
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=internetNews&storyID...

RECENT FCC ORDERS RELEASED (for your summer reading enjoyment)

* FCC Launches Review of Closed Captioning Rules
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-142A1.doc

* ALLTEL Corporation Acquisition of Western Wireless Corporation
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-138A1.doc

* New Rules Adopted to Improve Video Relay Service
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-140A1.doc

* Two-line Captioned Telephone Service is Eligible for Compensation from
the Interstate TRS Fund
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-141A1.doc

* ASL-Spanish Translation Video Relay Service Eligible for Compensation
from Interstate TRS Fund
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-139A1.doc
--------------------------------------------------------------
...and we are outta here. Have a great, safe, summer weekend. See ya Monday
(assuming Eddie Fritts doesn't call for my resignation).
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

July 21, 2005

For upcoming media policy events, see http://www.benton.org/calendar.htm

POLICYMAKERS
High Court Nominee Roberts Well Known in Communications Circles
European Leaders Talk Telecom, Technology with U.S. Officials

TELEVISION
Despite FCC Mandate, Digital Tuners In
Limited Supply On Store Shelves
Video Franchising Legislation
Martin=92s Must-Carry Plan on Hold
Groups Revive a la Carte Campaign
Cable Operators Rush Services To Keep Edge
Task Force Takes Ratings Bill to Task

CELLPHONES
Iraq's Cellphone Battle
Cellphone Firms Accused Of Billing for Unwanted Ads

QUICKLY -- Accessibility could take a step backward; Public Awareness of=20
Internet Terms; Remember your first time online?; Telus union seems certain=
=20
to strike Friday; The Online Popularity Test

POLICYMAKERS

HIGH COURT NOMINEE ROBERTS WELL KNOWN IN COMMUNICATIONS CIRCLES
U.S. Supreme Court nominee John Roberts is better known among Washington=20
communications attorneys for his telecom and media issues work as a judge=
=20
on the U.S. Appeals Court, D.C., and a Hogan & Hartson attorney=20
representing Fox in a successful challenge to FCC media ownership rules.=20
That case was among a number of cases leading to a recent bid by then-FCC=
=20
Chairman Michael Powell to rewrite the rules, In the only FCC-related case=
=20
attorneys say reflects Roberts=92 =93strict constructionist=94 views, he wr=
ote a=20
2003 order upholding an FCC decision to require tuners in digital TVs.
[SOURCE: Communications Daily, AUTHOR: Edie Herman, Andrew Noyes, Tania=20
Panczyk-Collins]
(Not available online)
* Supreme Court Nominee Has Record Of Deferring To FCC
http://www.njtelecomupdate.com/lenya/telco/live/tb-VOTK1121892235401.html
* Court Nominee In the Eye of the Blogger Swarm
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/20/AR200507...
2337.html

EUROPEAN LEADERS TALK TELECOM, TECHNOLOGY WITH US OFFICIALS
Data security, technology developments and telecom policy and Internet=20
governance were key topics for Members of the European Parliament (MEPs)=20
visiting Washington this week. Traversing Capitol Hill and federal=20
agencies, delegates spent 3 days speaking with a parade of political power=
=20
brokers -- sometimes seeing eye-to-eye, sometimes befuddled by the U.S.=20
system -- but always stressing the need for more U.S.-Europe collaboration=
=20
on communications issues. At the FCC, they talked talk telecom and Internet=
=20
telephone service (VoIP). Issues linked to VoIP providers' universal=20
service obligations are only beginning to emerge in Europe, officials said.=
=20
Telecom stakeholders are pushing the European Commission to revise a 1998=
=20
universal service directive that requires EU countries to make sure=20
everyone has access to a fixed-line phone. That debate probably will peak=
=20
next year when the commission starts a review of the EU Framework for=20
Electronic Communications. The FCC is eyeing ways to calculate Universal=20
Service Fund contributions, but European regulators aren't yet talking=20
about alternatives by which their carriers can fulfill such=20
obligations. Europe has a single, technology-neutral framework for voice=
=20
telephony. Of a UN report on Internet governance released Mon., MEPs said=
=20
their main goal is ensuring Web stability and security, regardless of some=
=20
government calls for an international body to oversee the Internet. "The=20
prevailing view across the European Union is that we want to sustain ICANN=
=20
as being an independent and international driver," said Conservative MEP=20
Malcolm Harbour, noting a willingness to engage a wider range of=20
stakeholders: "What we don't want to see is the Internet fragmented into a=
=20
series of closed loops with single points of entry whereby the larger=20
nations could have control over a single gateway." The Internet=92s=20
"pluralist nature" must be preserved, he added.
[SOURCE: Communications Daily, AUTHOR: Andrew Noyes]
(Not available online)

TELEVISION

DESPITE MANDATE, DIGITAL TUNERS IN LIMITED SUPPLY ON STORE SHELVES
In spite of an FCC order that digital tuners be included in all large=20
television sets and half of all mid-sized sets by July 1, the majority of=
=20
such sets offered by retailers still do not include them. Of the sets for=
=20
sale on the Web site of the electronics retailer Best Buy Tuesday, 33=20
percent included tuners capable of receiving digital broadcasts. Circuit=20
City's online percentage of digital sets was 44 percent, according to a=20
survey of the two leading electronics retailers conducted by National=20
Journal's Technology Daily. The FCC has mandated that electronics companies=
=20
build digital tuners into progressively smaller sets. On July 1, 2004, 50=
=20
percent of all sets 36 inches and higher needed tuners. As of this past=20
July 1, 100 percent of those sets and 50 percent of sets 25 inches to 35=20
inches were to have such tuners.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-TLPS1121891855029.html
* DTV: Industry Reaction Is Mixed To Limited Availability Of Tuners
http://www.njtelecomupdate.com/lenya/telco/live/tb-IBKL1121892013653.html

VIDEO FRANCHISING LEGISLATION
Video franchising is the =93central most important element to the telecom=
=20
update bill we=92re on the verge of writing=94 in the House Commerce Commit=
tee,=20
Rep. Boucher (D-VA) said at a Nortel luncheon Wednesday. He said he=20
envisions a =93one-stop shop=94 that would establish the conditions for new=
=20
entrants. =93Appropriate=94 requirements for the bill, Rep Boucher said,=20
include: 1) Agreement that telco and other competitors pay same franchise=
=20
fees and taxes to local governments, 2) New entrants should provide public=
=20
education programming (PEG) channels; and 3) Cable wouldn't be required to=
=20
renew franchises. What=92s not appropriate for the bill are requirements fo=
r=20
buildout and provision of TV facilities for local communities where they=20
have already been provided, Rep Boucher said. The National Cable &=20
Telecommunications Association and Bell company SBC Communications=20
applauded the broad outlines of Rep Boucher=92s plans, but differed=20
significantly on details.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)
* Boucher Opposes 'Build-Out' Rules For Bell Firms In Video Franchises
http://www.njtelecomupdate.com/lenya/telco/live/tb-DMTL1121895273773.html

MARTINS MUST-CARRY PLAN ON HOLD
FCC Chairman Kevin Martin will use the August 4 public meeting to launch=20
the Commission's annual examination of the state of competition in the=20
video-programming market. Do not expect on the agenda a proposal to allow=
=20
TV stations to elect mandatory carriage of either analog or digital signals.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA626916.html?display=3DBreaking+News
(requires subscription)

GROUPS REVIVE A LA CARTE CAMPAIGN
Conservative organizations concerned about racy TV programming Wednesday=20
revived their campaign for a federal law that would require cable companies=
=20
to sell channels individually at reasonable prices. The cable industry is=
=20
strongly opposed to an a la carte mandate, claiming that it would raise=20
rates and bump off niche and specialty channels that can't survive outside=
=20
of the traditional tiering structure. =93We believe we should have the righ=
t=20
to =85 choose the cable channels that come into our home, rather than being=
=20
forced to take them and then call the cable company and have them block it=
=20
out,=94 said Phil Burress, president of Citizens for Community Values, an=
=20
adviser to Dr. James Dobson=92s Focus on the Family.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA628263.html?display=3DBreaking+News
(requires subscription)
See also:
* Conservatives Intensify Push For 'A La Carte' Cable Pricing
http://www.njtelecomupdate.com/lenya/telco/live/tb-JNEV1121892418884.html
* Protecting Children from Media Sex and Violence
http://adage.com/news.cms?newsId=3D45589

CABLE OPERATORS RUSH SERVICES TO KEEP EDGE
Cable operators are accelerating the development of technology that they=20
say will enable them to stay ahead of phone companies and other new=20
competitors in television service. They are moving quickly to develop a new=
=20
"switched" way of transmitting signals to customers' sets that greatly=20
increases the selection of channels and other features they can offer. This=
=20
new method, which transmits only the program viewers are watching to the=20
home, would allow a cable operator to offer more high-definition TV,=20
video-on-demand or new channels, for example. The technological arms race=
=20
is further evidence that television is entering a new content- and=20
feature-rich era. Early signs of this transition were the introduction of=
=20
TiVo and other digital video recorders and video-on-demand services that=20
enable viewers to watch shows whenever they want. But many more new=20
products and services are in the works by businesses using Internet=20
technology to combine the functions of TVs, computers, the Internet and=20
telephones. Cable has to make sure it doesn't get leapfrogged.
[SOURCE: Wall Street Journal, AUTHOR: Peter Grant peter.grant( at )wsj.com]
http://online.wsj.com/article/0,,SB112191275980091783,00.html?mod=3Dtoda...
us_marketplace
(requires subscription)
See also --
* It rings, it plays, it has TV
http://www.csmonitor.com/2005/0721/p14s02-stct.html

TASK FORCE TAKES RATINGS BILL TO TASK
Proposed legislation that calls for mandatory oversight of TV ratings has=
=20
drawn another opponent: The Independent Task Force on Television=20
Measurement. The task force Wednesday urged the Senate Committee on=20
Commerce, Science and Transportation and the House Commerce Committee to=20
nix bills that would require mandatory accreditation of TV ratings by the=
=20
Media Rating Council.
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
http://www.multichannel.com/article/CA628115.html?display=3DBreaking+News
(requires subscription)

CELLPHONES

IRAQ'S CELLPHONE BATTLE
Saddam Hussein outlawed cellphones, determined to maintain an iron grip on=
=20
his subjects. But as Iraq catches up with the world's information=20
revolution, cellphones have become as commonplace here as they are almost=
=20
everywhere else in the world. Cellphones often provide more reliable=20
communications than the fixed-line phone network, which was badly damaged=
=20
in Baghdad by American bombing and subsequent looting in 2003. Most Iraqi=
=20
cellphone users have prepaid cards that they can continually replenish.=20
Iraq's cellular licenses, issued when the nation was governed by the U.S.=
=20
occupation authority in 2003, divided the country into three monopoly areas=
=20
[nothing says 'America' like a telecom monopoly!], initially restricting=20
one company, Iraqna, to Baghdad and central Iraq, cellphone company=20
Asiacell to the northern part, and Atheer to southern regions. These limits=
=20
were lifted last year, allowing competition. The three licenses expire at=
=20
the end of 2005; authorities plan a conference in London starting today to=
=20
discuss possible renewal. Cellphones are increasingly being used as battle=
=20
tools -- to set off bombs from afar, to target fire and to provide=20
insurgents with instant communications.
[SOURCE: Wall Street Journal, AUTHOR: Yaroslav Trofimov=20
yaroslav.trofimov( at )wsj.com & Sarmad Ali sarmad.ali( at )wsj.com]
http://online.wsj.com/article/0,,SB112191310085591787,00.html?mod=3Dtoda...
us_marketplace
(requires subscription)

CELLPHONE FIRMS ACCUSED OF BILLING UNWANTED ADS
A California consumer group has filed a complaint with the state Public=20
Utilities Commission alleging that Sprint Corp. and Cingular Wireless are=
=20
improperly charging customers for cellphone messages they don't want. The=
=20
Utility Consumers' Action Network, based in San Diego, told the state's=20
Public Utilities Commission it had received complaints from consumers who=
=20
said they had been billed by the companies for unwanted text messages,=20
ringtones and advertisements. The group said it is trying to get regulators=
=20
to stop the practice. Sprint is charging its customers for text messages=20
sent by Sprint touting its services, said Michael Shames, executive=20
director of the consumer group. When customers complained about charges for=
=20
Sprint's advertising, the company refused to put those customers on a=20
"do-not-spam" list, he said. Instead, he said, the customers were only=20
given the option to disable their phone from receiving any text messages.=
=20
Cingular has been violating current state law both by refusing to remove=20
charges for unwanted text messages and ringtones sent by other companies=20
and by not investigating the problem, Mr. Shames said.
[SOURCE: Wall Street Journal, AUTHOR: Sarmad Ali sarmad.ali( at )wsj.com]
http://online.wsj.com/article/0,,SB112190942669291708,00.html?mod=3Dtoda...
us_personal_journal
(requires subscription)

QUICKLY

ACCESSIBILITY MAY TAKE A STEP BACKWARDS
[Commentary] Accessibility is in everyone's interest. The World Health=20
Organization estimates that between 750 million and 1 billion of the=20
world's 6 billion people have a speech, vision, mobility, hearing or=20
cognitive impairment. But at a time when travel and currency barriers=20
continue to fall in Europe, several countries want to create new boundaries=
=20
related to the Web. These nations want to establish a label or mark that=20
would specify Web pages or products that are "accessible" to people with=20
disabilities. However, such standards could differ from existing U.S.=20
standards.
[SOURCE: C-Net|News.com, AUTHOR: Frances W. West, IBM]
http://news.com.com/Accessibility+could+take+a+step+backward/2010-1071_3...
94513.html?tag=3Dnefd.ac

PUBLIC AWARENESS OF INTERNET TERMS
The average American Internet user is not sure what podcasting is what an=
=20
RSS feed does, or what the term =93phishing=94 means. These findings from t=
he=20
Pew Internet & American Life Project are another reminder that new and=20
exciting technology developments that seize the interest of industry=20
officials and journalists such as podcasting and RSS feeds usually take a=
=20
while to register in the wider public. In addition, it is also clear that=
=20
public awareness of emerging online threats like those posed by phishing=20
scams takes a while to emerge.
[SOURCE: Pew Internet & American Life Project, AUTHOR: Lee Raine]
http://www.pewinternet.org/PPF/r/161/report_display.asp

ONE SMALL DIAL-UP FOR MAN
[Commentary] This year marks the 10th anniversary of the Internet as a mass=
=20
consumer phenomenon. In July 1995, Jeff Bezos started selling books online.=
=20
Earlier that year, Stanford graduate students incorporated Yahoo, a=20
directory for the unwieldy World Wide Web, and eBay was launched to create=
=20
a marketplace for Pez dispensers. Then on Aug. 9, 1995, half a century to=
=20
the day that the United States dropped a nuclear bomb on the Japanese city=
=20
of Nagasaki, the dot-com age was truly born with Netscape's initial public=
=20
offering. The Internet browser's shares were priced at $28, but closed the=
=20
day at $58. Do you remember the first time you went online?
[SOURCE: Los Angeles Times, AUTHOR: Andres Martinez]
http://www.latimes.com/news/printedition/opinion/la-oe-martinez21jul21,1...
19005.story?coll=3Dla-news-comment
(requires registration)

TELUS UNION SEEMS CERTAIN TO STRIKE FRIDAY
Canadian Wireless provider Telus Corp.'s 13,700 unionized employees are=20
preparing for a long work stoppage expected to be triggered by a Friday=20
deadline, when the company says it will impose the terms of a contract=20
proposal that union negotiators have rejected. Telecommunications Workers=
=20
Union president Bruce Bell says that labor disputes in telecommunications=
=20
tend to last "for a while." And while he hopes any disruption at Telus is=
=20
not long, he noted that a strike involving the union at Aliant Inc. in=20
Atlantic Canada lasted "two days shy of six months." Bell said money is not=
=20
the union's key issue, but rather language concerning the contracting out=
=20
of work, determining what job classifications belong in a contract, and the=
=20
use of temporary employees.
[SOURCE: Vancouver Sun, AUTHOR: Derrick Penner]
http://www.canada.com/vancouver/vancouversun/news/business/story.html?id...
aa5a4052-a2b3-46e3-a27a-36c44e96636d

IM SOMEBODY: THE ONLINE POPULARITY TEST
Are you more popular, at this very second, than the person who's=20
instant-messaging you? Instant messaging, you will know, is the way tens of=
=20
millions of Americans connect with their buddies faster than e-mail.=20
Beginning this week, the 50 million users of AIM, America Online's version=
=20
of instant messaging -- including nearly half of all Americans between the=
=20
ages of 13 and 25 -- could perform a self-esteem check by visiting=20
http://www.aimfight.com/ . There you enter your AOL or AIM screen name and=
=20
your friend's AOL or AIM screen name. Then you click "fight" to figure out=
=20
who's got a bigger score -- as in who's better connected and more popular.=
=20
You can almost hear the tap-tap-tapping on the keyboards right now.
[SOURCE: Washington Post, AUTHOR: Jose Antonio Vargas]
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/20/AR200507...
2556.html
(requires registration)
--------------------------------------------------------------
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.
--------------------------------------------------------------

July 20, 2005

For upcoming media policy events, see http://www.benton.org/calendar.htm

TELEVISION
Lawmakers Push Set Aside For =91Public Broadband=92
Cable Faces Multicasting Battle, Seeks Downconversion
S.F. TV Station Opposes Ratings Bill

MEDIA POLICY REFORM
Abernathy Says FCC to Look Broadly at Media Ownership Issues
Creative Artists on Media Reform
Speculation abounds about whether Martin plans to revamp FCC

CONTENT CONTROLS
Media Unite On Parental Control
Banzhaf Targets TV's Over 'Redskin'

QUICKLY -- Phone Rules Address Hearing Aids; Bells Utilize Advocacy Groups=
=20
On Video Franchising Issue; Time for lawmakers to act on Grokster?; Kids=20
and the Internet; Amassing a Treasury of Photography; XM Going Global;=20
Union/Telus dispute Update; Union Occupies a Newspaper in Mexico; Billion=
=20
Cellphone Sales per Year by 2009; Super Speed Cable Internet in 2006;=20
Plugging Into The Hottest Fad Since Blogging; Job opening: APC Information=
=20
Coordinator

TELEVISION

LAWMAKERS PUSH SET ASIDE FOR 'PUBLIC BROADBAND'
The transition to digital television creates a golden opportunity for the=
=20
federal government to set aside spectrum that citizens could use for=20
affordable wireless broadband, lawmakers and consumer advocates said=20
Tuesday. Speaking at an event sponsored by the Future of America Caucus,=20
Rep. Maurice Hinchey (D-NY) chairman of the group, said it would be "an=20
enormous mistake" for the government to auction portions of the analog TV=
=20
airwaves to the highest bidders without setting aside some of the=20
frequencies for "public broadband." Jim Snider, a senior research fellow=20
with the New America Foundation, noted that the United States is now=20
sixteenth in the world in broadband penetration. "Wireless is the way to=20
deliver broadband to rural America and broadcasters have the best spectrum=
=20
for that purpose," he said. Jim Goodmon, president of Capitol Broadcasting=
=20
Corp., based in Raleigh (NC), drew applause when he said that digital=20
broadcasters should accept a multitude of public interest obligations --=20
such as offering two to three hours a week of locally produced public=20
affairs shows and candidate-centered programs within 45 to 60 days of an=20
election. Goodmon has long supported strong public interest obligations,=20
sometimes putting him at odds with other TV stations. "As broadcasters, we=
=20
need to step up to the plate and accept our responsibilities," he said.
[SOURCE: National Journal's Insider Update, AUTHOR: David Hatch]
http://www.njtelecomupdate.com/lenya/telco/live/tb-WTLR1121814002454.html

CABLE FACES MULTICASTING BATTLE, SEEKS DOWNCONVERSION
The National Association of Broadcasters is making a strong push to get=20
Congress to approve "must carry" rights for all of a digital television=20
station's signals -- called multicast must carry -- and has 60 local TV=20
representatives in Washington this week to =93educate members of Congress o=
n=20
the importance of the issue to our future business,=94 a spokesman said. Th=
e=20
group also has taken out ads in local Hill publications warning consumers=
=20
-- who read these publications all the time -- that =93cable monopolies=94 =
are=20
trying to block local programming on terrestrial digital TV. But pushing=20
back on the NAB is the National Cable & Telecommunications Association,=20
headed by Kyle McSlarrow. The NCTA is trying to convince Congress to allow=
=20
cable operators to "down-convert" digital TV signals into analog ones.=20
McSlarrow predicts that any digital TV bill that passes through Congress=20
this year will include a down-conversion provision. He also says compromise=
=20
between broadcast and cable interests is possible. One solution is for=20
cable operators to voluntarily sign deals to carry broadcasters=92 digital=
=20
and analog signals during the DTV transition. In any case, lawmakers are=20
trying to craft a bill that will have a minimum of controversy because it=
=20
will be part of a larger budget bill.
[SOURCE: Communications Daily, AUTHOR: Jonathan Make, Anne Veigle]
(Not available online)

SF TV STATION OPPOSES RATINGS BILL
Nielsen's Local People Meters have been criticized for undercounting=20
minority viewers, but at least one TV station serving a minority population=
=20
is standing up for Nielsen and against legislation to toughen the=20
government-created Media Ratings Council. KTSF San Francisco, which just=20
signed on with Nielsen at the beginning of the year, has written the=20
co-chairmen of the Senate Commerce Committee to argue that a bill creating=
=20
mandatory MRC accreditation of TV ratings would "diminish entrepreneurial=
=20
opportunities by creating unnecessary and contentious procedures for=20
determining ratings."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA626829?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

MEDIA POLICY REFORM

ABERNATHY SAYS FCC TO LOOK BROADLY AT MEDIA OWNERSHIP ISSUES
The FCC's media ownership rulemaking will include discussions on "virtually=
=20
every issue," FCC. Commissioner Abernathy told a Minority Media & Telecom=
=20
Council (MMTC) conference Tuesday, Abernathy including the rules' impact on=
=20
indecency, children's programming, violent programming and on minority and=
=20
women=92s ownership. Commissioner Abernathy's comments on media ownership=
=20
came days before comments are due on Time Warner and Comcast's pending $17=
=20
billion acquisition of Adelphia cable systems. Comments to the FCC, due=20
Thursday, are expected to be more aggressive than usual due to uncertainty=
=20
over the media ownership rules, said Media Access Project President Andrew=
=20
Schwartzman. How FCC Chairman Kevin Martin responds to the deal will be a=
=20
sign of how the Commission could decide media ownership rules, Schwartzman=
=20
said.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)
Also see --
Measuring Media Ownership 'Meaningless'
Any attempt to measure media ownership concentration is a "meaningless=20
exercise in the abstract," argues Bruce Owen in a paper published by The=20
Progress & Freedom Foundation. "Confusing Success with Access: 'Correctly'=
=20
Measuring Concentration of Ownership and Control in Mass Media and Online=
=20
Services" is available at http://www.pff.org/issues-pubs/pops/pop12.11owen.=
pdf
[SOURCE: Progress&Freedom Foundation]
http://www.pff.org/news/news/2005/071805owenpop.html

CREATIVE ARTISTS ON MEDIA REFORM
Representatives for musicians, screenwriters, actors and producers on=20
Monday offered different views about the way they are adversely impacted by=
=20
the national's telecommunications laws and potential changes to them. Each=
=20
of four panelists at a forum hosted by two congressional caucuses focused=
=20
on a different problem: consolidation in the radio business, the cable=20
industry's control over programming, laws against "indecency" on=20
television, and television networks' ownership of film production=20
companies. But they all agreed that because "the media is the town square,"=
=20
in the words of Jonathan Rintels of the Center for Creative Voices in=20
Media, it was important to find "the way around the choke-points that the=
=20
conglomerates" seek to control.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.drewclark.com/2005/07/from-national-journals-technology_19.shtml

SPECULATION ABOUNDS ABOUT WHETHER MARTIN PLANS TO REVAMP FCC
Just a rumor? FCC Chairman Kevin Martin may be reorganizing the Federal=20
Communication Commission, a move that could disband the FCC's Wireless=20
Telecommunications Bureau, moving its functions to various other bureaus=20
including a new Homeland Security Bureau. Speculation is that the=20
reorganization would create a Homeland-Security Bureau with the functions=
=20
performed by the public-safety and critical-infrastructure division of the=
=20
wireless bureau and other homeland-security functions scattered about in=20
the agency in the Office of Planning and Policy and the Consumer &=20
Governmental Affairs Bureau. A new Spectrum Bureau would be created with=20
the functions of the wireless bureau licensing division and the FCC's=20
Office of Engineering & Technology. The wireless bureau's policy functions=
=20
would largely move to the FCC's Wireline Competition Bureau.
[SOURCE: RCR Wireless News, AUTHOR: Heather Forsgren Weaver]
http://rcrnews.com/news.cms?newsId=3D23458

CONTENT CONTROLS

MEDIA UNITE ON PARENTAL CONTROL
Veteran media critics Senators Rick Santorum (R-PA) and Joe Liberman (D-CT)=
=20
are lending their support to a new, broad-based coalition that has formed=
=20
to push for parental control of TV and other entertainment content. The=20
Pause Parent Play (PPP) initiative=20
(http://www.PauseParentPlay.orgwww.PauseParentPlay.org) will launch July=
=20
20 on Capitol Hill with a display of parental control tools and=20
technologies for TV, movies, music, and video games. The new coalition=20
includes the same three network corporate parents, NBC Universal, News=20
Corp,. and Viacom, behind the TV Watch online effort promoting the TV=20
ratings and V-chip. But PPP also includes other corporate and industry=20
partners like Time Warner, Comcast, YMCA, Wal-Mart, Microsoft, the Girl=20
Scouts, MPAA, RIAA, ESRB, ESA, Tyco, NCTA, and Interstate Batteries.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA626661?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
See also:
* PTC, CWA Push A La Carte
Even as the cable industry announces its participation in a push for=20
parental regulation of content, the Parent's Television Council Wednesday=
=20
will launch a counter-offensive.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA626779?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
* V-Chip-Setting Contest Planned
The industry-backed group TV Watch is holding a V-chip setting contest on=
=20
Capitol Hill today. The "parental control challenge," which will invited=20
participants to race to set the v-chip device in their TV, is part of an=20
effort to convince legislators that parents have a workable device to block=
=20
unwanted content. See http://www.televisionwatch.org for more info
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA626593?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

BANZHAF TARGETS TV STATIONS OVER 'REDSKIN'
Washington attorney John Banzhaf, who helped sue tobacco ads off the=20
airwaves in the late 1960's, is renewing his campaign to remove "Redskin"=
=20
from the nation's broadcast vernacular, or at least limit its use, by=20
threatening to go after station licenses. He has sent registered letters to=
=20
the four biggest stations in Washington, DC advising them of a Friday=20
Federal Appeals Court decision that he says puts the Washington Redskin=20
trademarks in jeopardy by "restoring the unanimous finding by the Trademark=
=20
Trial and Appeal Board that the word 'Redskins' was so racially derogatory=
=20
and offensive that the Washington Redskins=92 trademarks should be invalida=
ted."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA626604?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

QUICKLY

PHONE RULES ADDRESS HEARING AIDS
A problem long designed out of wired phones, electronic interference is a=
=20
common if unevenly experienced problem for the six million Americans with=
=20
hearing aids who use cellphones. But determining which cellphones and=20
hearing aids are most susceptible to the problem has so far been a=20
trial-and-error process. Selecting interference-free mobile phones should=
=20
be easier come Sept. 16, when Federal Communications Commission labeling=20
rules take effect. The rules require the wireless-phone industry to provide=
=20
phones compatible with most kinds of hearing aids. Companies will then rate=
=20
those phones most and least likely to experience interference with certain=
=20
hearing aids. Phones labeled M3 or M4 will cause the least interference for=
=20
hearing-aid users. Under the FCC's new rules, the big five U.S. wireless=20
carriers must offer either four phones or 25% of their total handsets by=20
network technology that are hearing-aid compatible. That is a big=20
improvement: T-Mobile now sells four such phones and Nextel sells one.=20
Sprint PCS, Cingular and Verizon Wireless say they are conducting tests on=
=20
their phones and should meet the September deadline. In 2008, half of=20
carriers' and manufacturers' product lines are expected to be certified to=
=20
work interference-free with hearing aids. Certification won't be required=
=20
of small carriers.
[SOURCE: Wall Street Journal, AUTHOR: Zachary A. Goldfarb=20
zachary.goldfarb( at )wsj.com]
http://online.wsj.com/article/0,,SB112182015644690249,00.html?mod=3Dtoda...
us_personal_journal
(requires subscription)

BELLS UTILIZE ADVOCACY GROUPS ON VIDEO FRANCHISING ISSUE
SBC Communications and Verizon Communications are seeking to bolster their=
=20
bids for nationwide video franchises by funding self-described advocacy=20
groups willing to back their positions on Capitol Hill. The practice is=20
completely legal as well as common in Washington -- but critics charge that=
=20
it is misleading. "Of course they're front groups and it's terribly=20
deceptive," said John Dunbar, a telecommunications and media specialist=20
with the nonprofit Center for Public Integrity. =93It=92s sort of a stealth=
=20
public lobbying campaign."
[SOURCE: Technology Daily, AUTHOR: David Hatch]
http://www.njtelecomupdate.com/lenya/telco/live/tb-WXAL1121812324045.html

TIME FOR LAWMAKERS TO ACT ON GROKSTER?
Does Congress need to lay down new laws after last month's landmark Supreme=
=20
Court decision on file swapping? Companies that actively promote their=20
products' copyright infringement capabilities (in legal terms, "active=20
inducement") can now be held liable for their users' illicit activities.=20
Justice Stephen Breyer in his concurring opinion on the MGM v. Grokster=20
case noted that "the legislative option remains available." But so far,=20
members of Congress have applauded the court's unanimous opinion and=20
indicated they plan to leave rule-making to the lower courts for now.
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
http://news.com.com/Time+for+lawmakers+to+act+on+Grokster/2100-1028_3-57...
14.html?tag=3Dnefd.top

KIDS AND THE INTERNET -- IT'S A GOOD THING
[Commentary] We read a lot of alarmist commentary about the dangers of the=
=20
Internet for youngsters. Yet, from what I've seen, the educational benefits=
=20
of online access are worth it. Yes, parents have to be vigilant. But the=20
opportunities for communication and self-expression the Internet provides=
=20
are bringing benefits to everyone -- especially children.
[SOURCE: The Christian Science Monitor, AUTHOR: Laura Matthews]
http://www.csmonitor.com/2005/0720/p09s02-coop.html

AMASSING A TREASURY OF PHOTOGRAPHY
The George Eastman House in Rochester and the International Center of=20
Photography in New York City are at work on an ambitious project to create=
=20
one of the largest freely accessible databases of masterwork photography=20
anywhere on the Web, a venture that will bring their collections to much=20
greater public notice and provide an immense resource for photography=20
aficionados, both scholars and amateurs. The Web site - Photomuse.org, now=
=20
active only as a test site, with a smattering of images - is expected to=20
include almost 200,000 photographs when it is completed in the fall of=20
2006, and as both institutions work out agreements with estates and living=
=20
photographers, the intention is to add tens of thousands more pictures.=20
While there are now dozens of growing digital databases of photography on=
=20
the Web, many - like Corbis and Getty Images - are commercial sites that do=
=20
not allow the public unfettered access to their collections. The Photomuse=
=20
site will join others, like the digital collections of the Library of=20
Congress, the Metropolitan Museum of Art and the National Museum of=20
Photography, Film and Television in Bradford, England, that are beginning=
=20
to create what amounts to a huge, free, virtual photography museum on the=
=20
Web. The project, financed in part by a grant from the Institute of Museum=
=20
and Library Services in Washington, is expected to cost $800,000 initially=
=20
and more later as additional images and documentary information are added=
=20
to the site.
[SOURCE: New York Times, AUTHOR: ]
http://www.nytimes.com/2005/07/20/arts/design/20east.html
(requires registration)

XM INVESTS $25 MILLION IN RIVAL WORLDSPACE
XM Satellite Radio Holdings Inc. yesterday said it has invested $25 million=
=20
in WorldSpace Corp., a privately held District-based satellite radio=20
provider in West Africa, the Middle East and India that has said it intends=
=20
to go public. The move could broaden XM's reach, and help turn satellite=20
radio into a global service similar to satellite television, said analysts.=
=20
As part of the deal, the two companies agreed to work together to develop=
=20
products, such as receivers, and to strengthen relationships with=20
distributors such as automakers and sources of programming. WorldSpace,=20
whose initial backers included prominent Saudi investors, programs four=20
channels for XM.
[SOURCE: Washington Post, AUTHOR: Annys Shin]
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/19/AR200507...
1768.html
(requires registration)

UNION CALLS EIGHT WALKOUTS IN TELUS DISPUTE
The showdown between Canadian wireless phone company Telus and the=20
Telecommunications Workers Union over the company's intention to impose the=
=20
terms of its last contract offer escalated Monday with the union calling=20
temporary walkouts in eight locations. TWU president Bruce Bell promised=20
further job action in the coming days before a Friday deadline when Telus=
=20
plans to impose the work terms on its employees.
[SOURCE: Vancouver Sun, AUTHOR: Derrick Penner]
http://www.canada.com/vancouver/vancouversun/news/business/story.html?id=
=3Da8257440-35e7-4035-99b3-ec2f531326dbhttp://www.canada.com/vancouver/van=
couversun/news/business/story.html?id=3Da8257440-35e7-4035-99b3-ec2f531326db

UNION OCCUPIES A NEWSPAPER IN MEXICO
Union members wearing masks and carrying clubs broke into the offices of a=
=20
newspaper in Oaxaca where editors and reporters have been besieged for a=20
month, causing the journalists to flee and trying to shut down the=20
publication. About 31 newspaper employees had been holed up in the offices=
=20
for four weeks while an umbrella union with close ties to the Institutional=
=20
Revolutionary Party, or PRI, which controls the state, staged a strike=20
outside, demanding higher wages and more vacation. Many newspaper employees=
=20
have said the union does not represent their interests and have tried to=20
form a new bargaining unit. The publisher, Ericel G=F3mez Nucamendi,=20
meanwhile, has accused the state governor, Ulises Ruiz, of using the strike=
=20
to silence a publication that has been critical of his administration and=
=20
has supported opposition candidates. Union leaders, who admit that most of=
=20
their members belong to the PRI, have denied they are acting at the behest=
=20
of the governor.
[SOURCE: New York Times, AUTHOR: James McKinley Jr & Antonio Betancourt]
http://www.nytimes.com/2005/07/20/international/americas/20mexico.html
(requires registration)

CELLPHONE SALES SEEN AT OVER 1 BILLION PER YEAR BY 2009
Mobile phone sales will exceed one billion handsets a year by 2009 as they=
=20
become the most common consumer electronics device with 2.6 billion people=
=20
using one by then, according to a survey published on Wednesday by research=
=20
group Gartner.
[SOURCE: Reuters, AUTHOR: Lucas van Grinsven]
http://today.reuters.com/news/newsArticle.aspx?type=3DtechnologyNews&sto...
D=3D2005-07-20T070910Z_01_L19716137_RTRIDST_0_TECH-HANDSETS-GLOBAL-DC.XML

SUPER SPEED BROADBAND SEEN OVER CABLE TV IN 2006
Teleste, whose rivals include big U.S. firms Scientific Atlanta and Cisco=
=20
Systems Inc., said it would early next year bring to the market its=20
"Ethernet to the Home" product which will give consumers access to 100Mb/s=
=20
speed.
[SOURCE: Reuters]
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2005-07-20T103445Z_01_L20582343_RTRIDST_0_NET-TECH-BROADBAND-TELESTE-DC.=
XML

PLUGGING INTO THE HOTTEST FAD SINCE BLOGGING
Apple's iPod rewrote the rules for digital music. It saved the recording=20
industry from itself -- and from Internet piracy -- by spoon-feeding the=20
way to commercial viability on the Internet. Now, Apple is doing the=20
opposite for radio broadcasting.
[SOURCE: Wired in Washington, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-XMFW1113937467518.html

JOB OPENING: APC INFORMATION COORDINATOR
The Association for Progressive Communications has an opening for an=20
information coordinator to manage its Spanish and English newsletters and=
=20
websites and establish a new APC site and newsletter in French. Excellent=
=20
English writing and editing skills and good writing skills in Spanish and=
=20
French are required. A keen eye for quality control is essential.=20
Application deadline: 24 July
http://www.apc.org/english/news/index.shtml?x=3D192619
--------------------------------------------------------------
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.
--------------------------------------------------------------

July 19, 2005

For upcoming media policy events, see http://www.benton.org/calendar.htm

BROADBAND
Voters say 'Yes' to Fiber
La. Referendum Gives Impetus to McCain Broadband Bill
Let Them Have Broadband
Government Net not Cheap
US Telecoms seen Beating Cable on Broadband
Fighting a Broadband Battle

TELEVISION
Tex. Video Franchising Bill May Fail in Education Fight
Industry Lobbyists Split Over Need For Telecom Act Rewrite
DTV Confusion Pervasive Among Lawmakers Who
Decry Consumer Confusion
Group Targets Indecency, Pushes For 'A La Carte' Cable
TV News Outlets Revamp Web Sites

PUBLIC BROADCASTING
Don't Get Fooled Again
Fairness in the Balance

QUICKLY -- Massive Rereg Bill Introduced; Media Kingpins Face the Music;
Diversity Said Good Business Strategy for Media; Meet the Bloggers; The
cellphone debate at 35,000 feet

BROADBAND

VOTERS SAY 'YES' TO FIBER
Lafayette voters turned out in surprising numbers Saturday for an election
with a single issue. With a 27 percent turnout, they voted 12,290 to 7,507,
or 62 percent to 38 percent, to proceed with the controversial
fiber-to-the-home project. The vote authorizes Lafayette Utilities System
to sell up to $125 million in bonds for a fiber to the home and business
project. It will involve extending fiber optics cable down every city
street, then offering residents and businesses the option of receiving
high-speed Internet, telephone and/or cable TV service through LUS. City
officials said they believe it can offer those services at lower prices
than incumbents such as BellSouth and Cox Communications. The next step for
LUS is to work with the Louisiana Public Service Commission on its rule
making, a move that can affect how much LUS can charge and could prevent
LUS from guaranteeing the fiber bonds with revenue from its electric, sewer
and water divisions. The matter may be taken up at a PSC meeting this week,
said Terry Huval, LUS director. Once LUS clears the PSC rulemaking, it will
begin the process to issue bonds. Without delays, Huval said, LUS could
have the bond money in hand in four to five months. Then the utility would
hire an engineering firm to prepare engineering on every pole and lot in
the city.
[SOURCE: The Daily Advertiser, AUTHOR: Claire
Taylor ctaylor( at )theadvertiser.com]
http://www.acadiananow.com/apps/pbcs.dll/article?AID=/20050717/NEWS01/50...
* La. Parish Gets Broadband OK
http://www.multichannel.com/article/CA626410.html?display=Breaking+News

LA REFERENDUM GIVES IMPETUS TO MCCAIN BROADBAND BILL
With Lafayette (LA) voters approving a referendum to let the city authorize
up to $125 million in bonds to build a fiber network, Washington was a-buzz
over municipal broadband networks and a bill introduced in June that would
prevent states from barring public providers from supplying advanced
telecom capability or services using it. The McCain-Lautenberg bill is
designed to help municipalities achieve their goal of deploying high-speed
Internet services to their citizens as quickly as possible. In Lafayette's
case, the network represents a service as much as an economic development
tool to attract more business development, said Jim Baller, an attorney for
municipal interests. While the La. city's effort may be a successful first
start, there are 14 states that have passed laws that put restrictions on
cities investing in their own advanced communications services -- one
reason Sen McCain introduced his bill.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)
* La. City Votes Municipal Network Expansion
http://www.njtelecomupdate.com/lenya/telco/live/tb-OKGE1121718831744.html
* Intel Backs Municipal High-Speed Networks
http://www.njtelecomupdate.com/lenya/telco/live/tb-EUOL1121715022852.html

LET THEM HAVE BROADBAND
[Commentary] Only about 10%-20% of those living in rural areas have access
to speedy broadband connections through cable or telephone companies,
according to various estimates. Satellite connections, with delayed
responses and some uplink speeds nearly as slow as dial-up, aren't a
satisfying solution to many rural residents. At stake is far more than
downloading music or playing video games at full speed. Increasingly,
high-speed links are a lifeline to the new economy. The telecommunications
companies say they have little incentive to deliver costly broadband
connections to sparsely populated areas, and from a business perspective,
they're right. What's less understandable is why those companies fight to
prevent people in rural areas from wiring themselves. Telecommunications
companies make two arguments against such efforts: 1) Unfair competition.
No private company can compete against taxpayer-sponsored Internet systems,
they say. But for the most part, communities push ahead on their own only
after the private companies fail to meet their needs. No mayor would
survive spending local bond money to build an unnecessary network. 2) Most
of the country already has broadband access. New data from the Federal
Communications Commission show that 99% of Americans live in zip codes with
high speed connections, note the companies. That ignores millions in those
zip codes who have either no broadband or slow broadband.
[SOURCE: USAToday, AUTHOR: Editorial Staff]
http://www.usatoday.com/printedition/news/20050719/edit19.art.htm

GOVERNMENT NET NOT CHEAP
[Commentary] According to new FCC data, 99% of us live in zip codes where
high-speed Internet is available, and 83% of us have a choice of providers
as wireless, cable, landline, satellite and power companies join the
competitive fray. Despite this progress, many local communities are
entering the broadband business, investing millions of taxpayer dollars on
advanced communications networks of their own. The idea may sound
appealing, based largely on the false assumption that a government service
is cheaper. But broadband networks require significant ongoing investment
and technical expertise to stay on top of changes in technology and to
ensure a quality customer experience -- attributes not often associated
with government. Local governments play a crucial role in our daily lives,
but they are ill-equipped for the financial and technological challenges of
being a leading-edge broadband company. No one opposes a government role
encouraging the spread of high-speed Internet in underserved areas. We
differ on whether the government should do so in competition or in
partnership with the private sector.
[SOURCE: USAToday, AUTHOR: Walter B. McCormick, Jr, CEO of the United
States Telecom Association]
http://www.usatoday.com/printedition/news/20050719/oppose19.art.htm

US TELECOMS SEEN BEATING CABLE ON BROADBAND
Industry experts say the sales figures for broadband lines due to be
released with second-quarter earnings reports over the next couple of weeks
are likely to show telephone companies added roughly 1 million new digital
subscriber lines for the second quarter. While such a total would be down
about 20% from the first quarter's growth rate, analysts say it would still
be good for 55% of all new broadband subscribers.
[SOURCE: Reuters, AUTHOR: Justin Hyde]
http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&story...

FIGHTING A BROADBAND BATTLE
FCC Chairman Kevin Martin is finding he needs Republican reinforcements to
implement an ambitious agenda. Currently, the five-seat Commission has one
vacancy creating a 2-2 split between Republicans and Democrats. In an
interview, Chairman Martin says his top goal is to increase Americans'
access to high-speed Internet. Late last week, he began circulating plans
to loosen rules so neither phone nor cable companies will be required to
share their Internet connections with competitors like America Online, a
change that essentially would create a duopoly in many local markets. His
view, though, isn't popular with Democrats and consumer advocates, who
argue more competitors would lead to lower prices. Chairman Martin also
embraces the idea that local governments should be allowed to offer
wireless Internet services, at least in rural areas where some phone and
cable companies balk at providing high-speed service. Besides pushing
broadband, Mr. Martin is under pressure to more strongly enforce the FCC's
indecency rules. As a FCC commissioner, Martin was a proponent of tougher
standards and higher fines, siding with Democrats and anti-indecency
groups. After assessing $7.9 million in indecency fines in 2004, the FCC
hasn't issued any this year. "We'd like to see some movement. It may very
well require a fifth commissioner," says Tim Winter, executive director of
the Parents Television Council, an indecency watchdog group. Mr. Martin
says he doesn't believe the FCC needs to enforce standards on premium
channels like HBO, since subscribers specifically pay extra for such
channels. He says one solution is to have cable companies provide a la
carte channel pricing for consumers, a notion unpopular with the cable
industry, which built its business model around selling packages of
channels. "I saw a quote recently where one person said 'I can call up and
order HBO, I don't understand why I can't call up and cancel any of my
cable...programming.' I think that there could be additional control over
that," he says.
[SOURCE: Wall Street Journal, AUTHOR: Amy Schatz Amy.Schatz( at )wsj.com]
http://online.wsj.com/article/0,,SB112173373313488959,00.html?mod=todays...
(requires subscription)
* Questions for Kevin J. Martin
http://online.wsj.com/article/0,,SB112173473180788984,00.html?mod=articl...

TELEVISION

TEXAS VIDEO FRANCHISING BILL MAY FAIL IN EDUCATION FIGHT
The video franchising bill before the Texas legislature has two days to
pass, but that's not a certainty now. The legislature is meeting in a
special session meant to address first and foremost education funding. And
now the Governor and Lt. Governor have vowed to pass no law until the
legislature addresses -- well, education. The Texas Senate must approve an
amended form of its own bill freeing telephone companies of municipal
franchise agreements as they roll out video services.
[SOURCE: Communications Daily, AUTHOR: Jonathan Make]
(Not available online)
* Texas House OKs Deregulatory Telecom Bill
http://www.njtelecomupdate.com/lenya/telco/live/tb-HUTU1121721709271.html
* The New Cable Guy
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/18/AR200507...
* Verizon Pursues Local Cable Franchises
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/18/AR200507...

INDUSTRY LOBBYISTS SPLIT OVER NEED FOR TELECOM ACT REWRITE
Lobbyists from the telephone and cable industries expressed sharp
disagreement Friday about whether telecommunications legislation is
necessary or politically practical during the current Congress -- and also
disagreed about what form such legislation should take. Verizon
Communications Senior Vice President Peter Davidson insisted that
legislation is necessary and doable. The two essential components for
reform, he said, are creating national video franchises -- a move that the
cable industry opposes -- and creating a new category of telecom law
governing high-speed Internet services, or broadband. Replied Kyle
McSlarrow, president of the National Cable and Telecommunications
Association, "Everything [the Bells] are arguing now is different" from
their posture during writing of the 1996 Telecommunications Act. Nine years
ago, the Bell companies "were not making the argument that franchises are a
barrier. Now, they want to change the rules," McSlarrow declared. The
differences over video franchises occurred in a broader discussion about
the consequences of the Supreme Court's decision last month in NCTA v.
Brand X Internet Services. But McSlarrow urged caution about changes to the
1996 Telecom Act. The Brand X decision underscored the cable industry's
slogan that "like services should be regulated alike," he said, noting that
efforts to rewrite the telecom law's treatment of broadband might "spill
over" into telephone or television services.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://www.njtelecomupdate.com/lenya/telco/live/tb-WMCS1121723570339.html

DTV CONFUSION PERVASIVE AMONG LAWMAKERS WHO DECRY CONSUMER CONFUSION
Representatives from various sectors of the television industry warned the
Senate Commerce Committee last week that a mismanaged digital TV transition
could be a "train wreck." Committee Chairman Ted Stevens (R-Alaska) asked
if November 15, 2005 is a reasonable date by which all TVs sold in the US
could include built in digital TV tuning. The Consumer Electronics
Association replied saying that would increase the price of televisions by
$100-200. Sen. Conrad Burns (R-Mont.) then suggested building a $50
digital-to-analog converter box into every TV, noting that's the estimate
of what a set-top would cost by 2009 to keep households from going dark.
Subsidizing digital-to-analog convertor boxes for households that rely on
over-the-air broadcasts may be the downfall of digital TV legislation. New
America Foundation's Michael Calabrese told the committee a "credible" hard
date that includes a comprehensive "compensation" package "can spin straw
into gold." He called for a "broad-based" DTV converter "rebate that
ensures all households still relying on analog over-the-air are held
harmless." "By earmarking a relatively small share of the expected auction
revenue for a consumer compensation fund, Congress can both protect
vulnerable consumers and ensure potential wireless business plans will not
be disrupted via voter backlash." According to Calabrese, giving a $50 box
or rebate to 16 million households -- the minimum he projected would depend
on over the air reception -- would cost about $800 million. Giving a rebate
to 44 million households that report relying on over-the-air for local
channels would cost $2.2 billion, he said. Either way, that's a small part
of the $18-$30 billion that would be raised in a spectrum auction,
Calabrese said. A "means-tested" subsidy program for low-income consumers
would cost less than one for all disenfranchised households, Calabrese
said, but "we believe it's neither administratively practical nor fair." If
a broader program were adopted, he said, "we believe that on balance, it
would be most cost-efficient to reimburse qualified retailers" for
requiring them to offer FCC-certified converters, keeping consumers' share
of the cost "to a small co-pay, and to provide a degree of technical support."
[SOURCE: Communications Daily, AUTHOR: Paul Gluckman]
(Not available online)

GROUP TARGETS INDECENCY, PUSHES FOR 'A LA CARTE' CABLE
A coalition of 24 conservative and faith-based organizations is decrying
indecency on cable television. The group has launched a campaign aimed at
convincing lawmakers to require cable operators to offer a la carte, or per
channel, programming. Concerned Women for America, the Family Research
Council, Focus on the Family, the Parents Television Council, and the
Salvation Army are pressing their case in Washington. The coalition
represents millions of voters and lobbied on the issue in the last
Congress. The new effort began Thursday with a letter to Senate Commerce
Chairman Ted Stevens, R-Alaska, and his House countepart, Energy and
Commerce Chairman. Joe Barton, R-Texas. It suggests a public movement for
more consumer choice in cable-channel selection.
[SOURCE: Technology Daily, AUTHOR: David Hatch]
http://www.njtelecomupdate.com/lenya/telco/live/tb-ZUEB1121724451131.html

TV NEWS OUTLETS REVAMP WEB SITES
Trying to reach younger viewers and others who are not at home to watch the
evening news, television news sites are rolling out revamped web sites
offering plentiful free video news stories on demand to surfers. "Our
audience on the Web is 10 to 15 years younger than our TV audience" for
news, says Larry Kramer, president of CBS's digital-media operations.
Visitors to ABC News's long-established Web site have a median age of 45,
nine years younger than ABC News's median TV audience, according to
Nielsen/NetRatings and research by the network, which is owned by Walt
Disney. With this in mind, "the advertisers we are going to are different,"
says CBS's Mr. Kramer, including electronics manufacturers and fast-food
chains. On the CBS Evening News TV broadcast, pharmaceutical companies
predominate, making up seven of the 10 biggest advertisers in the 11 months
to April. These included Novartis, Merck and Pfizer, whose drugs often
treat chronic conditions common in older people.
[SOURCE: Wall Street Journal, AUTHOR: Brian Steinberg
brian.steinberg( at )wsj.com and Christopher Lawton christopher.lawton( at )wsj.com]
http://online.wsj.com/article/0,,SB112173238523588921,00.html?mod=todays...
(requires subscription)

PUBLIC BROADCASTING

DON'T BE FOOLED AGAIN
A leading Republican donor named Cheryl F. Halpern is the top candidate to
replace CPB Chair Ken Tomlinson. Halpern and her husband Fred -- long major
financial supporters of Republican candidates -- have given more than
$324,000 to Republicans since 1989. During the last election, Mother Jones
magazine ranked them among the nation's top 100 "hard" money contributors.
Appointed to the CPB board three years ago by President Bush, Halpern is a
close ally of Tomlinson and part of the five-member Republican majority now
controlling the board. She and Tomlinson served together on the
Broadcasting Board of Governors (BBG), which oversees the federal
government's international broadcasting services, such as Voice of America
(VOA) and Radio Free Europe. As the chair of CPB, the agency that
distributes federal funds to noncommercial radio and TV stations and
supposedly serves as a buffer between public broadcasting and politicians
seeking to influence its news reporting and programming, Halpern would be
far from impartial. At the Senate confirmation hearing on her nomination to
the CPB board in 2003, for example, she suggested that public broadcasting
journalists should be penalized for biased programs. She also agreed with
Senator Trent Lott, R-Miss., when he questioned the objectivity of the
award-winning PBS journalist and commentator Bill Moyers. Neither Halpern
nor Lott ever said what penalties they might propose. But Halpern did refer
to her previous powers at the BBG -- which included "physical removal" of
journalists -- as a model.
[SOURCE: AlterNet, AUTHOR: Rory O'Connor]
http://www.alternet.org/mediaculture/23602/

FAIRNESS IN THE BALANCE
What is it about National Public Radio, the Public Broadcasting Service et
al. that so irks conservatives? The answer seems to be twofold, reflecting
both a general ideological aversion (using taxpayer money to support radio
and TV shows) and a specific set of complaints about the alleged leftward
tilt of programs hosted by the likes of Bill Moyers and Tavis Smiley. At a
time of massive government budget deficits, amid tight spending on social
programs of all kinds, some Republicans assert that Washington's support of
public broadcasting is expendable. What's more, conservatives like to say,
those federal funds are subsidizing a system that disproportionately serves
the tastes and interests of relatively affluent audiences. But about 27
percent of PBS viewers graduated from college, compared with 27.6 percent
for the U.S. population. Among households that watch PBS, 32 percent earn
more than $60,000 a year, compared with 37 percent across the nation.
[SOURCE: Washington Post 7/17, AUTHOR: Paul Farhi]
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/15/AR200507...
(requires registration)

QUICKLY

MASSIVE DEREG BILL INTRODUCED
On July 14, Rep Maurice Hinchey (D-NY) introduced the Media Ownership
Reform Act of 2005 (H.R. 3302). The bill would: 1) invalidate all of the
FCC's 2003 media ownership rule rewrite (an appeals court only remanded the
rules for a re-do), and reinstate the newspaper-broadcast cross ownership
rule the local TV multiple ownership rule that the FCC scrapped in the 2003
rewrite; 2) restore the fairness doctrine; 3) lower the cap on TV station
ownership from the 39% (raised by Congress) back to 25%; 4) reduce the
number of radio and TV stations a company can own; 5) increase the number
of public interest obligations on all broadcasters; 6) get rid of the UHF
discount "loophole" that counts only half a UHF station's audience reach
toward ownership caps. The bill would change the FCC's biennial regulation
review to triennial, but would require any media ownership rule to be
published in the Federal Register and be the subject of at least five
public hearings across the country. (FCC Chairman Kevin Martin is said to
be agreeable to that number of hearings on the FCC's current attempted
rewrite of the 2003 rules.) The bill, co-sponsored by Diane Watson (D-CA),
would also take aim at vertical integration by mandating more
independently-produced programming on the TV networks.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA626499?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

MEDIA KINGPINS FACE THE MUSIC
Concerns about the Internet, new technologies and piracy continue to weigh
on the likes of Time Warner, News Corp., Viacom and Disney. Big media
companies have "missed opportunities" to attach to robust young industries,
from gaming to the Web. Investors once wooed by lofty consolidation
promises are now being told just short years later that the synergies
weren't quite what they seemed.
[SOURCE: The Street, AUTHOR: Sandy Brown]
http://www.thestreet.com/_tscs/stocks/sandybrown/10232215.html

DIVERSITY SAID TO BE A GOOD BUSINESS STRATEGY FOR MEDIA
Diversity is a good thing for media companies that strive to satisfy
consumers in a multi-ethnic market, said speakers at the Minority Media &
Telecommunications Council's "Access to Capital" Conference. Diversity is
among the FCC's top concerns, said FCC Media Bureau Chief Donna Gregg told
the conference. Promoting competition and localism are also "touchstones,"
she said, adding that "these are subject to agreement at the commission."
It's important that new minority firms enter the media industry to
stimulate "fresh, new ideas," Chief Gregg said. There will be ample
opportunities for input from stakeholders. One chance starts July 27, when
a filing window opens for applications for an upcoming auction of 172 new
FM station construction permits, she said. Gregg invited MMTC attendees to
a pre-auction seminar at the FCC July 27: "The time to get involved is
now." Auction No. 62, starting Nov. 1, offers a 35% credit to a winning
bidder who has no stake in another media or mass communications asset, an
FCC document said.Ms. Gregg's appearance was the first time an FCC media
bureau chief has spoken at the event.
[SOURCE: Communications Daily, AUTHOR: Anne Veigle, Jonathan Make]
(Not available online)

Oh... so consolidation is bad and diversity is good -- where have I heard
that before?

UNCLE SAM, MEET THE BLOGGERS
Is the future of blogs, those symbols of the Internet's democratic promise,
in jeopardy? A federal judge has ordered the Federal Election Commission to
extend campaign finance laws to the Internet. And the regulatory foray has
sparked debate about whether the anti-establishment, rant-prone but
politically relevant blogosphere is more akin to a world of activists or
journalists. Bloggers worry that bringing bloggers under the regulatory
scope of campaign finance laws will mean incurring debilitating legal fees
to defend against partisan lawsuits or FEC investigations. That is unless
the government classifies blogs as "press," which are exempted from
campaign finance laws. The whole affair has anti-establishment bloggers
taking some ever-so-establishment paths to Washington.
[SOURCE: AlterNet, AUTHOR: Kelly Hearn]
http://www.alternet.org/mediaculture/23532/

CAN WE TALK? THE CELLPHONE DEBATE AT 35,000 FEET
The possibility that airlines may soon be cleared for cellphone use has
raised alarms with security officials, flight attendants, and many of the
flying public. The Federal Communications Commission has already signaled
its willingness to lift the restrictions that it put in place in 1991
because new technology ensures that chatting at 35,000 feet won't interfere
with cellphone service on the ground. But the Federal Aviation
Administration is more reluctant. During congressional hearings last week,
FAA officials stated that while they'd keep their ban, they would also
consider requests to lift it on a case-by-case basis if the airlines can
prove that doing so won't interfere with navigational systems or avionics.
A study due out late next year will address that issue, but it's expected
to find no problems. Few groups are more opposed to allowing cellphone use
than the airlines' own front-line personnel. Flight attendants are
concerned not only about terrorists, but also about passengers' air rage if
they're forced to sit and listen to someone else chatter for three or four
hours.
[SOURCE: The Christian Science Monitor, AUTHOR: Alexandra Marks]
http://www.csmonitor.com/2005/0719/p01s02-ussc.html
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

July 18, 2005

For upcoming media policy events, see http://www.benton.org/calendar.htm

TELEVISION
Video Franchise Bill Passes Tex. House
Stevens Bristles at DTV Uncertainty
Winners In The Switch To DTV
Reality Check
Inside a Media Company's Bid To Make Home Shopping Chic
Adelphia Deal Helps Minorities, Blind Children

DIGITAL MEDIA
War of the Words
Mainstream Media Is Tuning In to 'Podcasting'
As Clear Channel Enters the Fray, Online Radio Looks to
Be Coming of Age
Competitors Want FCC to Bar Bells From =91Tying=92 DSL and Voice

QUICKLY -- Campaign Voucher Plan of 'Modest' Help; Food Police Target Food=
=20
Marketers; Besieged but Not Silenced, a Newspaper Keeps Publishing; Where=
=20
the Dangers Are

TELEVISION

VIDEO FRANCHISE BILL PASSES TEXAS HOUSE
The Texas House passed statewide video franchising Sunday. Senate Bill 21,=
=20
approved by an overwhelming margin in the House, was backed by SBC and=20
Verizon, which analysts say stand to benefit the most from its passage. The=
=20
legislation may be the subject of legal action, cable industry officials=20
said, though no final determination has been made. Municipalities are the=
=20
most likely entity for a successful court challenge, but the Texas League=
=20
of Cities dropped its opposition to the bill. Cities will get 6% of gross=
=20
video revenue, but will lose some control over local providers. New video=
=20
entrants are prohibited from discriminating against customers based on=20
income. The Texas Public Utilities Commission may monitor compliance,
[SOURCE: Communications Daily, AUTHOR: Jonathan Make]
(Not available online)

STEVENS BRISTLES AT DTV UNCERTAINTY
Senate Commerce Committee Chairman Ted Stevens (R-Alaska) is unhappy with=
=20
cable=92s approach to the digital-TV transition. After analog signals go=20
dark, cable operators expect about 50% of their subscribers to receive=20
digital signals. To minimize consumer disruption, cable operators want=20
authority, at least with respect to must-carry stations, to downconvert=20
digital signals to analog at the headend. If cable can't downconvert,=20
digital signals can't be seen on analog TVs without a set-top box, a=20
solution that is going to cost someone -- either cable subscribers or the=
=20
federal government -- billions of dollars. By contrast, the NCTA=92s propos=
al=20
will be funded by cable, and installing such equipment in headends would=20
cost tens of millions of dollars, rather than billions, said National Cable=
=20
& Telecommunications Association president Kyle McSlarrow. The decision on=
=20
when to stop downconverting should be up to the cable companies, he added.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA626212.html?display=3DPolicy
(requires subscription)

WINNERS IN THE SWITCH TO DTV
Who will profit from the transition to digital television? Television=20
retailers and manufacturers expect to see tremendous growth in consumer=20
spending. Congress is considering, among other controversial possibilities,=
=20
implementing federal rebates on digital conversion tuners to ensure that=20
the 45 million analog televisions not connected to cable or satellite=20
programming won't go dark. Though retail chains would see profit from the=
=20
sale of the subsidized tuners, most TV manufacturers and retailers predict=
=20
that consumers will choose to replace their analog sets, instead. And Aloha=
=20
Partners, based in Rhode Island, was started in 2001 specifically to=20
capitalize on the potential in the elimination of inefficient analog=20
broadcasting. The spectrum made available will be ideal for building=20
massive wireless Internet infrastructures.
[SOURCE: Forbes, AUTHOR: Danit Lidor]
http://www.forbes.com/home/infoimaging/2005/07/15/TV-transmission-congre...
cx_dl_0715dtv.html

REALITY CHECK
The reality revolution in broadcast and cable television has created a new=
=20
Hollywood animal the industry is having a hard time classifying: =93reality=
=20
writer.=94 Unlike the scribes at sitcoms or dramas, these writers and =93st=
ory=20
editors=94 don't dream up characters from scratch. But they create dialog,=
=20
stage situations and shape drama on some of the hottest shows in=20
television. And although they write for prime time TV, reality writers are=
=20
generally paid a fraction of what they'd score at a sitcom or drama. They=
=20
get few, if any, benefits and face grueling schedules. Such working=20
conditions were the centerpiece of charges in a recent lawsuit, the Writers=
=20
Guild of America helped 12 writers file against four reality producers and=
=20
four networks -- ABC, NBC, The WB and TBS -- alleging =93sweatshop=94=20
conditions and wage-law violations. Named in the suit were The Bachelor,=20
The Bachelorette, Are You Hot? and The Real Gilligan's Island. The networks=
=20
named in the suit were expected to vigorously defend themselves. The WGA,=
=20
which currently counts 3,200 TV writers among its members, has been trying=
=20
to unionize reality workers and has been authorized to negotiate for wages=
=20
and benefits on behalf of nearly 1,000 reality writers, producers and=20
editors. The lawsuit reflects the ripple effect of reality TV, which has=
=20
forever changed the economics of prime time television and is being felt=20
most acutely in Hollywood's creative community. The genre shows no signs of=
=20
weakening. In 2002, when broadcast networks set their fall schedules,=20
reality accounted for 6.5 hours, according to Magna Global audience=20
researcher Steve Sternberg. By last fall, networks were in reality=20
overdrive, tripling the load to 20 hours. It's not clear that the answer=20
for reality writers and producers seeking parity in pay is to unionize.=20
WGA's organizing campaign has stirred anger and fear among independent=20
producers, some of whom are themselves members of the union. On the one=20
hand, networks go to independent producers in part to keep costs low and=20
avoid union issues. But reality TV has also meant salvation for indie=20
producers, who have been virtually shut out of the drama and sitcom busines=
s.
[SOURCE: Broadcasting&Cable, AUTHOR: John M. Higgins and Jim Benson]
http://www.broadcastingcable.com/article/CA626121.html?display=3DFeature...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

INSIDE A MEDIA COMPANY'S BID TO MAKE HOME SHOPPING CHIC
E.W. Scripps Co.'s tiny Shop at Home is trying to do something that has=20
eluded television pioneers for decades: Persuade affluent consumers, who=20
have no problem making big-ticket purchases online, to embrace shopping=20
through their TVs. The programming is heavily promoted on the company's=20
other upscale cable-TV operations, including Food Network and Home and=20
Garden Television, an untried tactic in the industry. And instead of=20
relying on anonymous hosts, Scripps has recruited stars from its lifestyle=
=20
channels, such as chef Emeril Lagasse and country-music singer Naomi Judd.=
=20
Scripps has a long way to go before it can call Shop at Home a success. The=
=20
channel lost $22 million last year and is expected to lose about $18=20
million this year. Cable subscribers who receive QVC, the leading=20
home-shopping operation, spent an average of $44 with the channel in 2004.=
=20
For Home Shopping Network, the second-largest, that number was $23. For=20
Shop at Home, it was $6. It's also possible that viewers of Scripps's other=
=20
channels -- according to Mediamark Research Inc., about 25% of them have=20
annual household incomes greater than $100,000 -- won't like being pitched=
=20
shopping shows.
[SOURCE: Wall Street Journal, AUTHOR: Joe Flint joe.flint( at )wsj.com]
http://online.wsj.com/article/0,,SB112165223882588032,00.html?mod=3Dtoda...
us_page_one
(requires subscription)

ADELPHIA DEAL HELPS MINORITIES, BLIND CHILDREN
The Black Leadership Forum, a "confederation of civil rights and service=20
organizations," and by the National Braille Press (NBP), which promotes=20
"the literacy of blind children," have filed letters in support of the=20
proposed sale of Adelphia assets to Comcast and Time Warner. The forum says=
=20
the cost-cutting and "improved efficiencies" of the deal will allow the=20
companies to "increase investments in attractive programming (including new=
=20
programming to attract African American consumers)." NBP says its decision=
=20
to back the merger "was an easy one," saying a bankrupt company was being=
=20
bought by two "strong and successful companies which have shown consistent=
=20
and steadfast support for the visually impaired." For example, without=20
Comcast, the groups says, "thousands of children would not have adequate=20
reading material in braille."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA626086?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

DIGITAL MEDIA

WAR OF THE WORDS
[Commentary] The information technology of the 21st century has made waging=
=20
an ideological global struggle against extremism particularly complex.=20
Decision makers, the media and the public at large will need to come to=20
terms with the effect of these new realities. The old adage that "A lie can=
=20
be half-way around the world before truth has its boots on" becomes doubly=
=20
true with today's technology. As America adjusts to this new Information=20
Age, I suggest the following notions as part of the discussion: First,=20
government officials will need to communicate clearly and often. Second, a=
=20
healthy culture of communication and transparency between government and=20
the public needs to be established. Lastly, government officials must find=
=20
new and better ways to communicate America's mission abroad. I have no=20
doubt that free and well-informed people can and will sift through the=20
increasing volumes of information and over time develop a balanced view of=
=20
our government, our Armed Forces, and our values and principles. The=20
American system of openness works and I know our country will ultimately=20
benefit, as we always have, from being on the side of freedom.
[SOURCE: Wall Street Journal, AUTHOR: Sec of Defense Donald Rumsfeld]
http://online.wsj.com/article/0,,SB112164930948087989,00.html?mod=3Dtoda...
us_opinion
(requires subscription)

MAINSTREAM MEDIA IS TUNING IN TO 'PODCASTING'
Last month, the grass-roots phenomenon known as "podcasting" went=20
mainstream. Apple Computer Inc. made the talk or music shows, known as=20
"podcasts," easier to find and download on its iTunes online music store.=
=20
The site went from zero podcast subscriptions to more than a million in=20
just two days. Corporate media moved quickly to stake out podcasting as an=
=20
avenue for reaching new listeners. While early podcasters offered talk=20
radio-style shows with quirky titles such as "The Frat Pack Tribute" and=20
"The Rock and Roll Geek Show," big companies have elbowed in with condensed=
=20
versions of popular broadcasts. Now, it's "Queer Eye Hip Tips" and "ABC=20
News" that dominate as the most popular podcasts on iTunes, making the=20
one-person, in-house shows harder to spot in a sea of media logos. The=20
result demonstrates how a new technology can remain part of an underground=
=20
culture only for so long before corporations adopt it. Indie podcasters say=
=20
Apple's decision has brought them new listeners, but they complain that the=
=20
iTunes Web site heavily promotes big-name podcasts while leaving out their=
=20
homegrown shows.
[SOURCE: Washington Post, AUTHOR: Anjali Athavaley]
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/17/AR200507...
1292.html
(requires registration)

AS CLEAR CHANNEL ENTERS FRAY, ONLINE RADIO LOOKS TO BE COMING OF AGE
Clear Channel, the radio industry's dominant company with more than 1,200=
=20
stations, has begun introducing its first meaningful online strategy after=
=20
what could be the most protracted example of Internet indifference among=20
major media businesses. Offline, Clear Channel Radio reaches about 110=20
million people each week. Online, the Clear Channel's Web sites reach eight=
=20
million each month. Owned by Clear Channel Communications of San Antonio,=
=20
Clear Channel has been going through the motions online for years. The=20
company's stations have dedicated Web sites, but they offer little more=20
than pages cluttered with advertisements, song lists, entertainment news=20
and pictures of D.J.'s. This month Clear Channel began replacing those Web=
=20
sites with simplified sites, featuring fewer ads and highlighting original=
=20
programming, live Webcasts and other elements meant to keep visitors engage=
d.
[SOURCE: New York Times, AUTHOR: Bob Tedeschi]
http://tech.nytimes.com/2005/07/18/technology/18ecom.html
(requires registration)

COMPETITORS WANT FCC TO BAR BELLS FROM 'TYING' DSL AND VOICE
The FCC shouldn't let the Bells force consumers to subscribe to voice=20
service in order to get DSL, competitors said in comments filed in response=
=20
to a BellSouth petition for rulemaking. Instead, the Bells should be=20
required to sell DSL as an independent product, sometimes called =93naked=
=20
DSL,=94 the competitors argued in reply comments filed July 12. BellSouth=
=92s=20
petition seeks an FCC ruling that bars state regulators from requiring it=
=20
to sell DSL as a separate product. However, competitive LECs say the Bells=
=92=20
packaging practices make it difficult for them to compete for voice-only=20
customers.
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)

QUICKLY

CAMPAIGN VOUCHER PLAN OF 'MODEST' HELP
A new study from the nonprofit Campaign Finance Institute (CFI) found that=
=20
a proposed broadcaster-funded voucher program for campaign ads would=20
"probably would not produce a radical change in congressional election=20
outcomes, but would help, at least modestly, to improve democratic debate=
=20
and accountability." The voucher program was proposed in the Our Democracy,=
=20
Our Airwaves Act which was introduced in the last Congress by veteran=20
campaign reformers John McCain (R-AZ) and Russell Feingold (D-WI). The Act=
=20
would provide matching funds for airtime of up to the first $250 in=20
contributions to House and Senate candidates. The vouchers would be=20
financed by an income-based fee on broadcasters.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA626040?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)

FOOD POLICE TARGET FOOD MARKETERS
Responsibility for the skyrocketing number of obese kids falls largely with=
=20
food-industry marketers and their TV campaigns. Calling for tougher=20
government oversight of the marketing of snacks and soda to children, some=
=20
groups are particularly upset by two new and controversial practices: paid=
=20
product placements and interactive games featuring trademark characters. In=
=20
response, the food marketers have promised to police themselves.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA626124?display=3DNews&referral=
=3DSUPP
* A Growing Problem
http://www.broadcastingcable.com/article/CA626298.html?display=3DOpinion...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

BESIEGED BUT NOT SILENCED, A NEWSPAPER KEEPS PUBLISHING
For 28 days, the managing editor of Noticias and a couple of dozen other=20
editors, reporters and employees have been besieged in their newsroom as=20
the result of a labor dispute with a union that has close ties to the=20
government and says it represents the newspaper's workers. The union=20
barricaded the front of the newspaper offices on June 17 and set up picket=
=20
lines outside. Since then, the editors and reporters have been sleeping=20
under their desks or on chairs, eating canned food and sending completed=20
pages over the Internet to a printing plant in another town in an effort to=
=20
keep publishing. "The people keep reading us," Mr. Sanmart=EDn said in a=20
telephone interview, hacking and coughing. "The government wants to stop us=
=20
from circulating. It wants to shut us down. But the government doesn't buy=
=20
our work. It's the people. And the public is buying it."
[SOURCE: New York Times, AUTHOR: James McKinley, Jr]
http://www.nytimes.com/2005/07/18/international/americas/18oaxaca.html
(requires registration)

WHERE THE DANGERS ARE
In recent months, hackers have carried out a flurry of increasingly=20
sophisticated attacks, highlighting the vulnerability of key computer=20
networks around the world. Security experts fear things will only get=20
worse. As technology gets more complex, more vulnerabilities are springing=
=20
up in computer networks -- and more criminals, terrorists and mischief=20
makers are rushing to exploit them.
[SOURCE: Wall Street Journal, AUTHOR: David Bank david.bank( at )wsj.com and=20
Riva Richmond riva.richmond( at )dowjones.com]
http://online.wsj.com/article/0,,SB112128442038984802,00.html?mod=3Dtoda...
us_the_journal_report
(requires subscription)
--------------------------------------------------------------
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.
--------------------------------------------------------------

July 15, 2005

For upcoming media policy events, see http://www.benton.org/calendar.htm

NEWS FROM FCC MEETING
FCC Pulls Ownership Off Agenda
Review of Closed Captioning Rules
FCC Acts to Improve Communications Services for Disabled

PUBLIC BROADCASTING
Senate Appropriations Restores CPB Funds
Muzzling the Muppets
Major GOP Donor Favored as Next CPB Chairman

MARKETING
Food Industry Defends Marketing to Children
TV Feeds Kids Fewer Food Ads, FTC Staff Study Finds

INTERNET
UN Panel Fails to agree on How to Govern Internet
Open the doors to broadband access; don't slam them shut

TELECOS
Robbins Calls for a 'Fair Ballgame'
Texas Legislation May Pave Way For Phone
Companies' TV Service
Lawmakers Balk at Cellphones on Jets

QUICKLY -- Media Reform and Media Revolution; Reps Propose MRC Domain Over=
=20
TV Ratings; PTC Says ABC Missed F-Word; Younger students excel in reading

NEWS FROM FCC MEETING

FCC PULLS OWNERSHIP OFF AGENDA
The FCC pulled media ownership off its meeting agenda Thursday to debate=20
the issue some more. The Commission had been scheduled to start the ball=20
rolling Thursday on its review of media ownership rules remanded to it by a=
=20
Philadelphia appeals court. Explaining the move, FCC Chairman Kevin Martin=
=20
said: "We were still debating some of the issues back and forth about how=
=20
much time for comment, what we should do about making sure there is=20
adequate public input. So we=92re still debating some of the issues." After=
=20
the morning meeting, Chairman Martin said, "We have been working hard on=20
trying to end up addressing the media ownership issue. We=92re trying to mo=
ve=20
aggressively on trying to start up a new proceeding and we'll continue=20
working on the issues. But there hasn't been another date [set]."=20
Communications Daily reports that FCC Chairman Martin suggested a 120-day=
=20
comment cycle on media ownership rules, 5 public hearings and $200,000 for=
=20
independent studies of the issue. But Commissioners Adelstein and Copps=20
said that wasn't enough. =93It fell last time because lack of process,=94=
=20
Commissioner Copps told reporters after the meeting.
=93The courts didn't like it, Congress didn't like it and the American peop=
le=20
didn't like it. So we need to make sure we have a process in place that=92s=
=20
open, that the public can participate in and that=92s transparent.=94 Media=
=20
reform groups urged the FCC to review the rules in an open and=20
comprehensive way. Consumers Union, Media Access Project, Free Press and=20
other groups said the Commission should address all media ownership rules=
=20
at once, including those that let one firm own 2 TV stations in one=20
community. =93They must be considered together because each of these rules=
=20
has a significant impact on the diversity of voices, or lack of diversity,=
=20
a community will have,=94 the groups said.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA625713?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
* Discord at FCC Stalling Debate
http://www.latimes.com/business/printedition/la-fi-fcc15jul15,1,6810277....
ry?coll=3Dla-headlines-pe-business
(requires registration)
* FCC Pulls Broadcast Ownership Item and Makes My Summer Easier
http://www.wetmachine.com//item/323

FCC LAUNCHES REVIEW OF CLOSED CAPTIONING RULES
The Commission has begun a proceeding to assess how its closed captioning=
=20
rules are succeeding in ensuring that video programming is accessible to=20
the millions of deaf and hard of hearing Americans and whether any=20
revisions should be made to enhance the effectiveness of those rules. It=
=20
asked for comments on several compliance and quality issues relating to=20
closed captioning that were raised in a Petition for Rulemaking filed by=20
Telecommunications for the Deaf, Inc. (TDI), the National Association of=20
the Deaf, Self Help for Hard of Hearing People, Inc., the Association for=
=20
Late Deafened Adults, and the Deaf and Hard of Hearing Consumer Advocacy=20
Network. The Commission is interested in comments about various aspects of=
=20
closed captioning. It asked commenters to address the following types of=
=20
issues: Is there a need to adopt standards for non-technical quality of=20
closed captioning, such as, for example, accuracy of transcription? What=
=20
would be the costs of mandating such standards? Should any non-technical=
=20
quality standards be different for pre-produced programs versus live=20
programming? Is there a need for additional procedures to prevent and=20
remedy technical problems such as, for example, captions not being=20
delivered intact, or captions ending before the end of the programming? If=
=20
so, what form should they take? Should distributors have specific=20
mechanisms in place for monitoring and maintenance? Should the existing=20
complaint procedure be changed? Should the Commission establish specific=20
per violation forfeiture amounts for non-compliance with the captioning=20
rules? Should the Commission require video programming distributors to=20
file compliance reports as to the amount of closed captioning they provide?=
=20
Should the ban on counting electronic newsroom technique captioning to meet=
=20
captioning requirements be extended beyond the top 25 markets? What is the=
=20
current status on the supply of available captioners? Should the Commission=
=20
require electronic filing of requests for exemption from the closed=20
captioning requirements?
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259990A1.doc

FCC ACTS TO IMPROVE COMMUNICATIONS SERVICES FOR DISABLED
The FCC approved a package of orders Thursday aimed at improving=20
communications tools for hearing- and speech-impaired people. At its agenda=
=20
meeting, the Commission: 1) Set standards to make sure Video Relay Service=
=20
(VRS) functions fully, 2) Decided Spanish translation VRS can be=20
compensated from the interstate Telecom Relay Service (TRS) fund, and 3)=20
Clarified that 2-line captioned telephone service also is eligible for=20
interstate TRS fund compensation.
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)
* New Rules Adopted to Improve Video Relay Service
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259991A1.doc
* ASL-Spanish Translation Video Relay Service Eligible for Compensation=20
from Interstate TRS Fund
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259992A1.doc
* Commission Clarifies that Two-line Captioned Telephone Service is=20
Eligible for Compensation from the Interstate TRS Fund.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259989A1.doc

PUBLIC BROADCASTING

SENATE APPROPRIATIONS RESTORES CPB FUNDS
The Senate Appropriations Committee Thursday voted to restore more than=20
$100 million the House wants to strip from 2006 funding for public=20
television. The measure proposes restoring $400 million in fiscal 2008=20
advance funding for the Corporation for Public Broadcasting as well as=20
providing $35 million in 2006 for CPB to pass on to rural TV stations=20
needing help constructing digital television facilities and a $40 million=
=20
installment for the replacement of Public Television=92s aging satellite=20
interconnection system. In addition, $25 million was approved for Ready To=
=20
Learn, the PBS program for funding educational shows. The measure also=20
would earmark $11 million for Ready To Teach.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA625914.html?display=3DBreakin...
ews&referral=3DSUPP
(free access for Benton's Headlines subscribers)

MUZZLING THE MUPPETS
Ken Tomlinson may be America's most accomplished propagandist. He got his=
=20
start as an intern for Fulton Lewis Jr., who ruled right-wing radio when=20
Rush Limbaugh was still in diapers. In the early 1980s, Tomlinson ran Voice=
=20
of America, promoting the policies of Ronald Reagan to the rest of the=20
world. As editor in chief of Reader's Digest in the early 1990s, he=20
published the most reliably reactionary magazine in the country. Now, as=20
President Bush's handpicked chairman of the Corporation for Public=20
Broadcasting, Tomlinson is in a position to spread the Republican message=
=20
to Sesame Street. Instead of simply threatening to cut federal funding for=
=20
PBS -- as Nixon, Reagan and Newt Gingrich did -- the Bush administration=20
has taken a new approach. Far from standing as a firewall against outside=
=20
political pressure, Tomlinson is trying to force PBS to toe the Republican=
=20
line, turning the network into a taxpayer-funded facsimile of Fox News.
[SOURCE: Rolling Stone, AUTHOR: Tim Dickinson]
http://www.rollingstone.com/politics/story/_/id/7483528?pageid=3Drs.Home...
geregion=3Dsingle7&rnd=3D1121357870193&has-player=3Dtrue

MAJOR DONOR FAVORED AS NEXT CPB CHAIRMAN
Cheryl F. Halpern, who was appointed to the CPB board by President Bush=20
three years ago, is in line to replace Kenneth Y. Tomlinson as the head of=
=20
the agency that distributes federal funds to noncommercial radio and TV=20
stations and serves as a buffer between public broadcasting and politicians=
=20
seeking to influence its news reporting and programming. Tomlinson's second=
=20
one-year term expires in September and he cannot be reappointed. He has=20
stirred debate in recent months by contending that programs carried by the=
=20
Public Broadcasting Service (PBS) and National Public Radio (NPR) favor=20
liberal views. He has spearheaded an effort to address the issue, amid=20
denials of bias by NPR and PBS officials. Halpern, a lawyer and real-estate=
=20
developer in New Jersey, is a close ally of Tomlinson's and is part of the=
=20
five-member Republican majority that controls the CPB board (Democrats hold=
=20
three seats, one of which is vacant). Halpern's association with Tomlinson=
=20
stretches back more than a decade, to when both were on the board of the=20
agency that oversees the federal government's international broadcasting=20
services, such as Voice of America and Radio Free Europe. Halpern and her=
=20
husband, Fred, have been major financial supporters of Republican=20
candidates for years. At one point during the 2004 elections, Mother Jones=
=20
magazine ranked the Halperns among the nation's top 100 "hard" money donors=
=20
(contributions made directly to candidates, not party organizations) and=20
said they contributed a total of $81,800 to, among others, President Bush=
=20
and Republican Sens. Trent Lott (Miss.), Sam Brownback (Kan.), Conrad Burns=
=20
(Mont.) and Christopher Bond (Mo.). The magazine said that 95 percent of=20
their contributions during that election cycle went to Republicans.
[SOURCE: Washington Post, AUTHOR: Paul Farhi]
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/14/AR200507...
2099.html
(requires registration)

MARKETING

FOOD INDUSTRY DEFENDS MARKETING TO CHILDREN
About 350 food company executives, government officials, consumer advocates=
=20
and academics packed a meeting room at the Federal Trade Commission's=20
offices yesterday to discuss a wide range of issues on marketing food to=20
children. One topic not up for discussion was the idea of government=20
regulation. As the food marketing to children comes under increasing=20
criticism from legislators, advocacy groups and parents, food companies=20
have often expressed the view that they would be better off regulating=20
themselves than having the government intervene. The government,=20
apparently, could not agree more. In her opening remarks, the chairwoman of=
=20
the Federal Trade Commission, Deborah Platt Majoras, said that having the=
=20
government ban the marketing of certain types of foods was "neither wise=20
nor viable." "Under the right circumstances, industry-generated action can=
=20
address problems more quickly, creatively and flexibly than government=20
regulation," she said.
[SOURCE: New York Times, AUTHOR: Melanie Warner]
http://www.nytimes.com/2005/07/15/business/15adco.html
(requires registration)
* Food marketers hope veggies look fun to kids
http://www.usatoday.com/printedition/money/20050715/obesity15.art.htm

TV FEEDS KIDS FEWER FOOD ADS, FTC STAFF STUDY FINDS
Children see significantly fewer television ads promoting food products=20
today than they did 28 years ago, according to a new study by the staff of=
=20
the Federal Trade Commission. Today, children watch about 13 food=20
advertisements a day on television, down from more than 18 in 1977, the=20
agency staff said. The staff study did not address how many other food ads=
=20
kids see through other kinds of promotions, including online gaming,=20
package promotions and in-school marketing. The new study was released=20
yesterday at the start of a two-day government workshop, sponsored by the=
=20
FTC and the Department of Health and Human Services, to explore the effect=
=20
of kids' marketing on obesity and the food advertising industry's efforts=
=20
to self-regulate advertisements. The incidence of childhood obesity has=20
more than doubled since 1970. Advertising critics, such as Susan Linn, a=20
Harvard psychologist who is also founder of the Campaign for a=20
Commercial-Free Childhood, attributed the drop to the fact that advertisers=
=20
are promoting their products in many other ways, including packaging and on=
=20
the Internet in online games. She added that the drop in TV ads also did=20
not reflect the increasing use of popular characters such as SpongeBob=20
SquarePants in food for kids, such as sugary cereal and fruit snacks. As a=
=20
result, she said, the "SpongeBob SquarePants" show "becomes a whole=20
commercial for tons and tons and tons of junk food." William Dietz,=20
director of the Centers for Disease Control and Prevention's division of=20
nutrition and physical activity, said there is a direct link between the=20
amount of TV children watch and their likelihood of being overweight. He=20
said reducing the amount of TV viewing could be a more effective way to=20
combat obesity in kids than increasing physical activity.
[SOURCE: Washington Post, AUTHOR: Caroline E. Mayer]
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/14/AR200507...
2051.html
(requires registration)

INTERNET

UN PANEL FAILS TO AGREE ON HOW TO GOVERN INTERNET
A group set up by the United Nations to come up with a global plan for=20
managing the Internet said on Thursday that it has been unable to agree on=
=20
who should do the job or how it should be done. The Working Group on=20
Internet Governance instead came up with four rival models for overseeing=
=20
the Web and sorting out technical and public policy questions. Among the=20
governance options put forward by the group were a continuation of the=20
current system, creation of a world body to address public policy issues=20
stemming from the work of ICANN, and creation of a body to address a=20
broader range of public policy issues. The fourth option is to create three=
=20
bodies, one to address policy issues, one for oversight and one for global=
=20
coordination. The group also recommended a coordinated global effort to=20
combat spam, or junk e-mails, and urged that law enforcement authorities=20
respect the right to freedom of expression when they crack down on=20
Internet-related crimes.
[SOURCE: Reuters, AUTHOR: Irwin Arieff]
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2005-07-14T221616Z_01_N14734082_RTRIDST_0_NET-TECH-INTERNET-UN-DC.XML
* U.N. panel presents 4 Internet options
http://www.mercurynews.com/mld/mercurynews/business/technology/12139577.htm

OPEN THE DOORS TO BROADBAND ACCESS; DON'T SLAM THEM SHUT
[Commentary] A century ago, there were efforts to prevent local governments=
=20
from providing electricity to residents. Opponents argued that private=20
businesses would suffer if they faced competition from cities and towns.=20
But community leaders recognized that their economic survival depended on=
=20
the availability of electricity, and they knew it would take both private=
=20
and public investment to bring electricity to all Americans. Today we hear=
=20
the same arguments against local communities=92 offering broadband =97 and=
=20
these arguments are no more valid than they were 100 years ago. That is why=
=20
I joined with Sen. John McCain (R-AZ) to introduce the Community Broadband=
=20
Act of 2005. Our bill would give a green light to local communities that=20
want to help themselves by providing broadband to their citizens. Senator=
=20
McCain and I are seeking to protect local rights. Our bill says that no=20
state can prohibit a municipality from offering broadband to its citizens=
=20
and that when a municipality does become a provider it can't abuse its=20
authority to discriminate against private competitors. The Internet today=
=20
is not a playground for a privileged few. It has become an essential=20
resource to which all Americans should have access. By allowing local=20
governments to fill the gaps in service, the Community Broadband Act will=
=20
move us toward this goal.
[SOURCE: The Hill, AUTHOR: Sen. Frank R. Lautenberg (D-NJ)]
http://www.hillnews.com/thehill/export/TheHill/News/Frontpage/071305/ss_...
tenburg.html

TELECOS

ROBBINS CALLS FOR A 'FAIR BALLGAME'
Baby Bell entry into video on terms and conditions never given to cable=20
companies would represent unfair competition, Cox Communications Inc. CEO=
=20
James Robbins said Thursday. "I don't think that's a fair ballgame," he=20
said, adding that his views were not designed to block competition. "I want=
=20
the other guys to come in, bring them all on, but bring them on under the=
=20
same set of rules. That's all we are asking for." Phone-company interest in=
=20
overbuilding cable companies was a widely discussed topic by Robbins and=20
other panelists at the New England Cable & Telecommunications Association's=
=20
annual summer conference. Congress is working on legislation expected to=20
address franchising requirements. National Cable & Telecommunications=20
Association president Kyle McSlarrow said his message to Congress is that=
=20
it should treat all wire-line video providers the same.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA625905.html?display=3DBreaking+News
(requires subscription)

TEXAS LEGISLATURE MAY PAVE WAY FOR PHONE COMPANIES' TV SERVICE
The Texas state legislature is considering a bill that would permit phone=
=20
companies to enter the video market without seeking franchises from=20
individual municipalities, as cable companies have long been required to=20
do. The Texas Senate has already approved the bill and the House was=20
holding hearings on it last night. Cable companies say the legislation=20
would give telephone companies an unfair advantage. Typically, cable=20
companies have to offer their services throughout the municipality that=20
gives them the franchise. If this measure becomes law, however, video=20
providers would be exempt from providing service throughout their entire=20
territory. The bill bans companies from discriminating based on income, but=
=20
consumer groups say the language is too vague. Under the proposed=20
legislation, cable companies would be relieved of their current obligations=
=20
when their local franchises expire.
[SOURCE: Wall Street Journal, AUTHOR: Dionne Searcey dionne.searcey( at )wsj.com=
=20
and Peter Grant peter.grant( at )wsj.com]
http://online.wsj.com/article/0,,SB112138423834386264,00.html?mod=3Dtoda...
us_marketplace
(requires subscription)

LAWMAKERS BALK AT CELLPHONES ON JETS
The House aviation subcommittee held a hearing on in-flight communications=
=20
yesterday. While many business travelers are pressing to use their=20
cellphones on flights, Federal Aviation Administration officials are moving=
=20
slowly on studying their safety. In addition, public comments suggest that=
=20
a lot of travelers don't want to listen to others' phone calls. The=20
slow-track FAA review of cellphone usage also is slowing consideration of=
=20
wireless Internet usage on planes. FAA officials yesterday insisted telecom=
=20
carriers and airlines will be required to undertake rigorous safety testing=
=20
of any wireless device, including cellphones and wireless Internet, before=
=20
allowing them to be used onboard. Justice Department and Homeland Security=
=20
officials have said that if cellphone usage is allowed they would like the=
=20
FCC to require surveillance access to voice and data traffic on planes and=
=20
to establish rules that would allow federal officials to pinpoint the seat=
=20
location of people using phones inside planes. It isn't clear whether the=
=20
FCC has authority to require such measures and if some of the requests are=
=20
technically feasible.
[SOURCE: Wall Street Journal, AUTHOR: Amy Schatz Amy.Schatz( at )wsj.com]
http://online.wsj.com/article/0,,SB112138245228186210,00.html?mod=3Dtoda...
us_marketplace
(requires subscription)
* Feds seek ability to monitor in-flight cell calls, e-mail
http://www.usatoday.com/printedition/money/20050715/aircells15.art.htm

QUICKLY

MEDIA REFORM AND MEDIA REVOLUTION
[Commentary] The dominant evaluation of this year=92s National Conference o=
n=20
Media Reform is that it was an overwhelming success. On the contrary --=20
relative to where the movement could and should be -- the conference=92s=20
achievements seem underwhelming as political divisions, a dearth of=20
democracy, and a short-sighted agenda threaten the future effectiveness of=
=20
the movement.
[SOURCE: Zmag, AUTHOR: Dru Oja Jay]
http://mediachannel.org/blog/node/153
* No News, Good News
A Q&A with Free Press founder Robert McChesney about propaganda, PBS, and=
=20
punditry.
[SOURCE: Village Voice, AUTHOR: Joseph McCombs]
http://villagevoice.com/people/0528,interview,65909,24.html

REPS PROPOSE MRC DOMAIN OVER TV RATINGS
Congressman Pete Sessions (R-TX) and Congressman Vito Fossella (R-NY)=20
introduced the Television Viewer Protection Act Thursday that would require=
=20
new TV ratings systems to have full approval from the Media Ratings Council=
=20
to operate. The proposed legislation is similar to the FAIR Act (for=20
fairness, accuracy, inclusivity and responsiveness) that was introduced in=
=20
the Senate by Sen. Conrad Burns (R-Mont) two weeks ago.
[SOURCE: Broadcasting&Cable, AUTHOR: Allison Romano]
http://www.broadcastingcable.com/article/CA625910?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
* Ratings-Oversight Bill Hits House
http://www.multichannel.com/article/CA625908.html?display=3DBreaking+News

PTC SAYS ABC MISSED F-WORD
The Parents Television Council has filed an indecency complaint against an=
=20
ABC affiliate which aired the Live 8 concert because an obscenity slipped=
=20
past screeners. ABC concedes it missed the offending lyric in the East=20
Coast feed, but says it edited out the lyric from the Mountain and West=20
Coast feeds. =93The program was aired on a tape delay, which should have=20
given ABC ample time to edit all obscenities from the concert prior to=20
broadcast,=94 said Tim Winter, PTC executive director. =93ABC took steps to=
=20
edit other profanity from the broadcast. But given the time of day that=20
this program aired (8 p.m.), the broad family appeal of the Live 8 event,=
=20
as well as the program=92s PG rating, ABC should have been more diligent.=
=94
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA625805.html?display=3DBreakin...
ews&referral=3DSUPP
(free access for Benton's Headlines subscribers)

YOUNGER STUDENTS EXCEL IN READING
Credit Harry Potter, higher standards or tough-as-nails elementary school=
=20
teachers, but a new federal report says the typical 9-year-old in the USA=
=20
now reads more each day than a 17-year-old. The difference shows:=20
Statistics released Thursday show that 9-year-olds' reading skills have=20
risen since 1971, and the biggest jump has come in the past five years.=20
Reading skills of high schoolers have actually dipped since 1999 and are=20
essentially unchanged in a generation. The results come from the National=
=20
Assessment of Educational Progress, a congressionally mandated standardized=
=20
test. They show that 17-year-olds' skills actually declined in both math=20
and reading, while the scores of younger students improved in both.
[SOURCE: USAToday, AUTHOR: Greg Toppo]
http://www.usatoday.com/printedition/news/20050715/1a_lede15.art.htm
* US Report Card: Young readers make big gains
http://www.csmonitor.com/2005/0715/p01s01-ussc.html
--------------------------------------------------------------
BELIEVE.
--------------------------------------------------------------
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.
--------------------------------------------------------------