July 6, 2005
For upcoming media policy events, see http://www.benton.org/calendar.htm
LEGISLATION
Sen Ensign Finalizing Telecom Bill to Include Video Franchising
Crossing the Digital Television Divide
PUBLIC MEDIA
Tomlinson=92s =91Balance=92 Drive Provokes Cries for CPB Reform
The PBS Paradox
Journal Backs Bucks For Butt-Kicking Ads
CABLE
Comcast, Time Warner Fight Must-Carry
Telecom Consolidation May Have Hurt Consumers
FCC Sets Set-Top Check-Up Deadline
QUICKLY -- FCC's Strategic Plan; Ten Years of Chilled Innovation; Openness=
=20
Law May Get Muscle; Free Press Pushes Shield Law; Most Boomers 50+; Product=
=20
Placement Fees; ** A good way to waste time online **
LEGISLATION
SEN ENSIGN FINALIZING TELECOM BILL TO INCLUDE VIDEO FRANCHISING
Sen. Ensign (R-Nev) is working on a =93telecom replacement=94 bill that wou=
ld=20
reform several aspects of telecom oversight, including rules for companies=
=20
that want to compete in local video markets. The franchising component is=
=20
expected to eliminate franchises for all local video competitors -- a=20
different path than two bipartisan bills introduced last week that would=20
eliminate franchises for companies with public right-of-way access. Once=20
the Ensign bill is introduced, Senate Commerce Committee Chairman Ted=20
Stevens (R-Alaska) will decide whether to hold hearings or a markup on the=
=20
bill -- to include it as a separate piece of legislation or wrap it into a=
=20
larger telecom bill. So far, the committee is focusing on DTV legislation,=
=20
with a hearing set for July 12 (see below) and a draft bill underway. That=
=20
bill has top priority, but other telecom issues could get taken up and at=
=20
least reach the hearing stage before the year ends. Looming Supreme Court=
=20
nominations could leave scant floor time for telecom legislation,
[SOURCE: Communications Daily, AUTHOR: Anne Veigle]
(Not available online)
CROSSING THE DIGITAL TELEVISION DIVIDE
Momentum is gaining on Capitol Hill for a plan that finally sets a hard=20
date for the U.S. to switch from analog to digital television broadcasts,=
=20
which would let the government auction off billions of dollars of radio=20
waves used by local stations. Lawmakers estimate spectrum auctions could=20
yield $10 billion to $20 billion from telecommunications companies wishing=
=20
to offer new wireless Internet or telephone services. There is one major=20
hurdle: the "last granny" issue. Under the plan, all national TV broadcasts=
=20
would switch to digital on Jan. 1, 2009, which means that about one-fifth=
=20
of U.S. households could turn on their TVs that morning and see nothing but=
=20
static. Few politicians want to be blamed if viewers can't watch TV, but=20
that is exactly what could happen in the estimated 21 million households=20
that don't subscribe to cable or satellite TV. Consumers who rely on free=
=20
local broadcasts would need to buy a set-top converter box, which could=20
cost $50 to $70 a TV set. Unlike years past, when attempts to push=20
broadcasters to give up valuable spectrum stalled, this time there is=20
widespread agreement among lawmakers about the need for some sort of rebate=
=20
for consumers who have to buy converter boxes -- thereby pre-empting an=20
uprising, especially from low-income and elderly voters. Disagreement over=
=20
the size of that subsidy has been the main hurdle in advancing the legislat=
ion.
[SOURCE: Wall Street Journal, AUTHOR: Amy Schatz Amy.Schatz( at )wsj.com]
http://online.wsj.com/article/0,,SB112060368898477804,00.html?mod=3Dtoda...
us_page_one
(requires subscription)
* Senate Skeds 2 DTV Hearings
On July 12, the Senate Commerce Committee will hold two hearings on the=20
digital television transition.
[SOURCE: Broadcasting&Cable]
http://www.broadcastingcable.com/article/CA623242?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
Also see:
http://commerce.senate.gov/hearings/witnesslist.cfm?id=3D1567
http://commerce.senate.gov/hearings/witnesslist.cfm?id=3D1568
PUBLIC MEDIA
TOMLINSON'S 'BALANCE' DRIVE PROVOKES CRIES FOR CPB REFORM
Public broadcasters opposed to Corporation for Public Broadcasting (CPB)=20
Chairman Kenneth Tomlinson=92s recent drive to bring =93balance=94 to progr=
ams=20
are raising the issue of reform in CPB governance and functioning to ensure=
=20
it retains a heat shield. Some believe the enabling statute needs changing=
=20
to ensure the CPB can't influence programming, while others say most=20
reforms could be brought about by consultation within the system. Reforms=
=20
could begin with more station representatives being nominated to the CPB=20
board, said Association of Public TV Stations (APTS) President John Lawson.=
=20
Another idea being discussed by public broadcasting organizations and=20
stations is a sunshine requirement for CPB board meetings, said Lawson. The=
=20
CPB requires that public TV and radio stations, as well as PBS, NPR and=20
APTS, conduct their board meetings in the open, he said, and =93we think CP=
B=20
should honor the same requirement.=94 Jerry Starr, executive director of th=
e=20
Citizens for Independent Public Broadcasting, urged replacement of CPB and=
=20
PBS with a public broadcasting trust. The existing system, he said, is=20
unworkable and has =93structural flaws that are always going to be abused.=
=94=20
The CPB board, he said, always has consisted of political appointees, with=
=20
no requirement of a background in education, journalism or broadcasting.=20
=93The CPB under both the Democrats and the Republicans is operating in a=
=20
different century,=94 said Jeff Chester of the Center for Digital Democracy=
.=20
Congress should require the CPB board to be transparent, he said.
[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]
(Not available online)
THE PBS PARADOX
[Commentary] In balancing the desire to keep existing programming afloat=20
with the demand to broaden its appeal, how does PBS continue to bring in=20
new talent with hard-to-fund ideas? Bill Moyers says public television was=
=20
founded to be a channel =93not only free of commercials but from commercial=
=20
values.=94 But public broadcasters can no longer deny that its creeping=20
commercialization is key to its survival. Shows need viewers =97 otherwise=
=20
known as ratings =97 in order for the 349 local stations to continue=20
attracting members. The system is not only broke but broken. The boundary=
=20
between the creative and business sides, as paramount as church and state,=
=20
is gone. It=92s not a good idea unless it=92s a fundable one. PBS is an oas=
is=20
and we need it to be. Watching PBS can still feel like walking into a=20
public library without your wallet and walking out with an armful of books=
=20
-- something so pure it must be wrong. It ranks sixth in ratings of all=20
broadcast and cable networks, consistently wins Emmy awards and boasts a=20
Web site ranked third in the world among dot.org sites. But public=20
television cannot sustain itself on the outdated hopes that viewers,=20
corporations and Congress all will give more. In the current controversy,=
=20
perhaps some fear or outrage will actually yield some change. Absent a=20
lifeline like the $200-plus million that Joan B. Kroc bequeathed to=20
National Public Radio, PBS is in desperate need of brave and bold thinking.=
=20
If it=92s already sinking, why not rock the boat? Do it hard enough and a=
=20
little water just may drain out.
[SOURCE: CQ Weekly, AUTHOR: A.B. Stoddard]
http://www.cq.com/public/media.html
JOURNAL BACKS BUCKS FOR BUTT-KICKING ADS
According to a study published in the July issue of the journal Archives of=
=20
Pediatric and Adolescent Medicine, states should be spending more of their=
=20
tobacco settlement money on anti-smoking ad campaigns. The study tracked=20
more than 51,000 students in top 75 U.S. media markets. It found that youth=
=20
exposed to state anti-tobacco ads are more likely to recognize that smoking=
=20
is addictive and harmful and are less likely to smoke. "This new study=20
demonstrates once again that funding tobacco prevention programs is a wise=
=20
investment that will reduce smoking, save lives, and save money by reducing=
=20
smoking-related health care costs," said Matthew L. Myers, president,=20
Campaign for Tobacco-Free Kids. "It should convince legislators and=20
governors that anti-tobacco advertising campaigns are a key component of=20
these programs in order to counter the more than $34 million a day the=20
tobacco industry spends to market its deadly products in the U.S."
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA623249?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
See also:
* Inaction on Tobacco Treaty Threatens U.S. Influence
More than 13 months ago, the United States signed an international tobacco=
=20
treaty designed to tighten control of cigarette advertising and consumption=
=20
worldwide, but treaty today remains unratified by the U.S.
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/05/AR200507...
1196.html
CABLE
COMCAST, TIME WARNER FIGHT MUST-CARRY
Last week, representatives from Comcast Corp. and Time Warner Cable met=20
with top FCC staff, including Chairman Martin=92s media adviser, to raise=
=20
their concerns about a plan that would allow TV stations to demand=20
mandatory carriage for either their analog or digital signals. Chairman=20
Martin=92s plan would allow stations to opt for digital must-carry and=20
negotiated analog carriage. Cable sources have said that because they have=
=20
so many analog-only customers, carriage of TV stations in analog and=20
digital would become a certain reality except for truly weak stations with=
=20
puny ratings. TV stations that opted for digital must-carry would not=20
forfeit the right to negotiate analog carriage. The cable giants are=20
concerned that the plan -- which Martin wants to pass at the agency=92s Jul=
y=20
14 public meeting -- would lead to back-door dual must-carry for an unknown=
=20
period of years. The FCC has twice formally rejected dual must-carry in the=
=20
past four years.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA623337.html?display=3DBreaking+News
TELECOM CONSOLIDATION MAY HAVE HURT CONSUMERS, HINDREY SAYS
Leo Hindery, who helped arrange $150 billion in mergers and acquisitions,=
=20
said some of the consolidation he supported may not be in consumers=92 best=
=20
interests. "I don't think Brand X is good for society,=94 the former=20
executive of AT&T Broadband, TCI and most recently Yankees Sports &=20
Entertainment said. =93The question is, how does the playing field get=20
leveled=94 for DBS, Bells and cable company subscribers? The FCC and Congre=
ss=20
should quickly address franchise rules, vertical integration and bundling=
=92s=20
impact on consumers, Hindery said. =93Large telecom and cable mergers shoul=
d=20
not be addressed absent a consistent review=94 of various regulatory issues=
=20
such as vertical integration and competition.
[SOURCE: Communications Daily, AUTHOR: Jonathan Make]
(Not available online)
FCC SETS SET-TOP CHECK-UP DEADLINE
The top six cable operators and the leading cable industry and consumer=20
electronics trade groups must begin filing status reports with the FCC on=
=20
Oct. 1 detailing their progress toward a new deadline for eliminating cable=
=20
set-top boxes that combine anti-theft security with channel surfing and=20
interactive functions. Thereafter, the National Cable & Telecommunications=
=20
Association and the Consumer Electronics Association must file status=20
reports every 60 days on their progress toward making sure that retail=20
equipment will be available to replace the integrated boxes. The two groups=
=20
are negotiating technical standards for two-way "Plug and Play" TV sets=20
that will allow permit interactivity with on-screen ads, games and other=20
services.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA623348?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
QUICKLY
FCC'S STRATEGIC PLAN
The Federal Communications Commission announced Tuesday that the public is=
=20
welcome to review and comment on a draft of its revised strategic plan for=
=20
2006 2011. The revised draft strategic plan is a "work in progress" that is=
=20
complete enough to allow review and comment on the strategic direction the=
=20
FCC intends to follow in the coming years. Commenters are asked to focus=20
specifically on: 1) The strategic direction proposed in the document as=20
embodied in the general goals and objectives; 2) Providing additional=20
contextual information not covered in the document's text; and 3) The means=
=20
and strategies that the FCC should undertake to accomplish its goals.=20
Comments should be sent to timothy.peterson( at )fcc.gov no later than August 5,=
=20
2005. The strategic plan homepage is http://www.fcc.gov/omd/strategicplan=
=20
Areas of interest are: 1) Broadband, 2) Media, 3) Competition, 4) Homeland=
=20
Security, 5) Spectrum and 6) Modernizing the FCC.
[SOURCE: Federal Communications Commission]
http://www.fcc.gov/Daily_Releases/Daily_Business/2005/db0705/DOC-259814A...
oc
"TEN YEARS OF CHILLED INNOVATION"
That's the fallout from the Supreme Court ruling on file-sharing=20
technologies, says Creative Commons chair and law professor Larry Lessig.
[SOURCE: BusinessWeek]
http://www.businessweek.com/technology/content/jun2005/tc20050629_2928_t...
7.htm
OPENNESS LAW MAY GET MUSCLE
A political odd couple, backed by an unusual coalition of advocacy groups=
=20
and news organizations, is looking to crack down on government officials=20
who ignore public requests for information.
[SOURCE: Washington Post, AUTHOR: Brian Faler]
http://www.washingtonpost.com/wp-dyn/content/article/2005/07/05/AR200507...
1282.html
(requires registration)
FREE PRESS PUSHES SHIELD LAW
Media activist group Free Press sent a message to supports Tuesday asking=
=20
for passage of Senate and House bills that would establish a federal shield=
=20
law, which would prevent the government from compelling journalists to give=
=20
up their confidential sources.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA623311?display=3DBreaking+New...
eferral=3DSUPP
(free access for Benton's Headlines subscribers)
IMPLICATIONS OF LATEST BABY BOOMER MILESTONE
Big news for advertisers -- by the time the next TV season ends, more than=
=20
half of Baby Boomers will be 50+ years old.
[SOURCE: AdAge, AUTHOR: Bradley Johnson]
http://adage.com/news.cms?newsId=3D45455
THE ESCALATING SCRAMBLE FOR PRODUCT PLACEMENT FEES
TV executives already reeling from how much Mark Burnett charges to place=
=20
product brands into his reality shows should brace themselves for another=
=20
round of sticker shock.
[SOURCE: AdAge, AUTHOR: Marc Graser and Claire Atkinson]
http://adage.com/news.cms?newsId=3D45456
* Product Placement for the Whole Family
"Herbie: Fully Loaded" may ultimately be remembered less for its star or=20
its box-office performance than for the boldness of its promotions.
http://www.nytimes.com/2005/07/06/movies/06herb.html
A GOOD WASTE OF TIME ONLINE
No, no... not Headlines. LifeHacker (http://lifehacker.com/) is a regularly=
=20
updated blog where you can spend hours and hours learning how to make=20
better use of your time.
[SOURCE: The Christian Science Monitor, AUTHOR: Jim Regan]
http://www.csmonitor.com/2005/0706/p25s01-stin.html
--------------------------------------------------------------
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.
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