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Benton's Communications-related Headlines for 11/19/04

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

INDECENCY/BROADCASTING
Hill Takes Pass on DTV, Smut
FCC Crackdown Could Spread
Bono's New Casualty: 'Private Ryan'
FCC Must Sharpen Indecency Guidelines
A Racy TV Promo Gets Iced, and So Does 'Private Ryan'
Protect Young Eyes and Ears
Desperate Move Likely Would Get Walt's Approval
Sinclair's News Central

CABLE
FCC Report Pans a la Carte
PTC Blasts Basic
Fox News Channel Can Air In Canada, Regulator Says

INTERNET
A Nation Online: Entering the Broadband Age
Web Media Buyouts Coming? Kinda
Web Tax Holiday

QUICKLY: Karmazin to Sirius; Adelstein, CPB Nominees testify before Senate
Commerce;
Pappas get more time to appeal

INDECENCY/BROADCASTING

HILL TAKES PASS ON DTV, SMUT
Speaking after the Senate Commerce Committee hearing Thursday, Sen John
McCain (R-AZ) said Congress will not try to pass indecency legislation or a
digital TV transition plan this year. Too many lawmakers want to add
controversial provisions to a bill that would raise fines for indecency
violations and require the FCC to take the violations into account when
renewing TV and radio licenses to pass the legislation quickly.
Broadcasters can rest easy, however. "Sooner or later this is going to be
enacted," he said. On the issue of the transition to DTV, McCain said:
"It's too big an issue with the American people." Congress will pass a
non-binding resolution stating when lawmakers want TV stations to complete
the switch to DTV and return their old analog channels to the government,
he predicted. The date of the proposed deadline was still under negotiation.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell ]
http://www.broadcastingcable.com/article/CA481593?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

FCC CRACKDOWN COULD SPREAD
With support from both Republicans and Democrats, the FCC is poised to get
even more aggressive about enforcing moral values throughout broadcasting,
even putting cable television and satellite radio in its cross hairs. It
looks like only the courts will stand in the way of the FCC now, but
conservative judges might just say no. After all, not too long ago the
Supreme Court rejected efforts to censor the Internet. The FCC guidelines
remain vague, making it unclear exactly what is allowed. "The FCC has been
trying to hide behind ambiguity, but that ambiguity has problems," said
Andrew Jay Schwartzman, president of the Media Access Project. While
clearer rules sound good in principle, Schwartzman said they're unlikely to
pass constitutional muster. "The various pending appeals are going to force
the FCC to clarify, but once clarified I'm not sure things will stick up in
court."
[SOURCE: Wired News, AUTHOR: Randy Dotinga]
http://www.wired.com/news/politics/0,1283,65734,00.html?tw=wn_tophead_1

BONO'S NEW CASUALTY: 'PRIVATE RYAN'
[Commentary] What has changed since ABC affiliates aired "Saving Private
Ryan" in 2002? A government with the zeal to control both information and
culture has received what it calls a mandate. Media owners who once might
have thought that complaints by the American Family Association about a
movie like "Saving Private Ryan" would go nowhere are keenly aware that the
administration wants to reward its base. Merely the threat that the FCC
might punish a TV station or a network is all that's needed to push them
onto the slippery slope of self-censorship before anyone in Washington even
bothers to act. This is McCarthyism, "moral values" style. If these media
outlets are afraid to show a graphic Hollywood treatment of a 60-year-old
war starring the beloved Tom Hanks because the feds might fine them, toy
with their licenses or deny them permission to expand their empires, might
they defensively soften their news divisions' efforts to present the
graphic truth of an ongoing war? The pressure groups that are exercised by
Bono and "Saving Private Ryan" are often the same ones who are campaigning
to derail any news organization that's not towing the administration line
in lockstep with Fox. In this diet of "news" championed by the right,
there's no need for actual reporters who gather facts firsthand by leaving
their laptops and broadcast booths behind and risking their lives to bear
witness to what is actually happening on the ground in places like Falluja
and Baghdad. The facts of current events can become as ideologically
fungible as the scientific evidence supporting evolution. Whatever
comforting version of events supports your politics is the "news."
[SOURCE: New York Times 11/21, AUTHOR: Frank Rich]
http://www.nytimes.com/2004/11/21/arts/21rich.html
(requires registration)

FCC MUST SHARPEN INDECENCY GUIDELINES
[Commentary] The decision by roughly a third of all ABC Network affiliates
to pull the Academy Award-winning epic movie "Saving Private Ryan" last
week because of fear of fines and other penalties by the Federal
Communications Commission is an appalling example of how the recent
campaign against so-called indecency on television is having a chilling
effect on free speech. The FCC's mixed signals and the endless posturing by
Congress and the White House have the effect of impeding free TV at a time
it is in a fight for its very existence. It is a joke for politicians to
think they can control what anyone will watch. Timid programming will just
drive even more viewers to cable and satellite TV, where movies like
"Saving Private Ryan" may be seen uncut without any problem. It is time for
the FCC and Congress to make the rules crystal clear and level the playing
field for everyone.
[SOURCE: TVWeek, AUTHOR: Editorial Staff]
http://www.tvweek.com/article.cms?articleId=26468

A RACY TV PROMO GETS ICES, AND SO DOES 'PRIVATE RYAN'
[Commentary] What's to be made of the ruckus? Perhaps just that TV viewers
are perfectly capable of expressing their distaste for content and getting
results. Were it not for the agency that sets standards for over-the-air
TV, the Federal Communications Commission, this would be just a simple
story about a minor mistake quickly corrected. But nothing is simple when
you're the taste police. Certainly TV gives parents plenty to complain
about. But the FCC's attempts to dictate taste leave only a muddled mess.
The erectile-dysfunction ads proliferate untouched. So does a wide
assortment of sexually suggestive programming. And that's before getting to
the sex on cable TV, which, thankfully, is beyond the FCC's reach.
Meanwhile, Saving Private Ryan gets canned, even though viewers could
easily be alerted to the sensitivity of the content. So pipe up, turn the
dial, organize boycotts. But don't ask Powell to be your nanny. No
government censor is up to the task.
[SOURCE: USAToday, AUTHOR: Editorial Staff]
http://www.usatoday.com/printedition/news/20041119/edit19.art.htm

PROTECT YOUNG EARS AND EYES
[Commentary] ABC's Monday Night Football opener is an excellent example of
why simply changing the channel or turning off the TV is not a viable
option for the viewing public. ABC gave no rating, no warning. Nothing
prepared parents for intro when millions of kids were tuned in for a
football game. ABC and the other networks are media giants, making an
offended viewer's voice less than a blip on their radar screen. They can
ignore you, but they can't ignore the FCC. AMA believes it should be OK to
air "Saving Private Ryan" on TV -- just not during primetime. The FCC has
clearly stated that broadcasting the "F" word is illegal between the hours
of 6 a.m. and 10 p.m., when children are likely to be watching TV. ABC made
the conscious decision to violate the law. As a result, the network should
be fined for breaking the rules it agreed to when it won its broadcast
license. Breaking rules on the public airwaves should be dealt with in the
same way as breaking rules on a public street, for instance, by speeding in
a school zone. It isn't right to tell parents, "If you don't like the way I
drive, keep your kids at home."
[SOURCE: USAToday, AUTHOR: Randy Sharp, American Family Association]
http://www.usatoday.com/printedition/news/20041119/oppose19.art.htm

DESPERATE MOVE LIKELY WOULD GET WALT'S APPROVAL
[Commentary] Lots of free press and millions of people talking about the
Monday Night Football intro -- do you think executives at Disney tickled
pink by the reaction?
[SOURCE: Orlando Sentinel, AUTHOR: David Whitley]
http://www.orlandosentinel.com/entertainment/orl-sptwhitley18111804nov18...

SINCLAIR'S NEWS CENTRAL
[Media Matters for America is a research and information center dedicated
to comprehensively monitoring, analyzing, and correcting conservative
"misinformation" in the U.S. media.] MMFA has been analyzing Sinclair's
News Central broadcasts since election day and finds a "steady diet of
pro-Bush, anti-progressive news items." "Get This" is program segment
created by News Central, Sinclair's Maryland-based nerve center that
provides national and international news coverage, as well as commentary,
to its stations. Presented each weeknight by Sinclair News Central anchors
Jennifer Gladstone or Morris Jones, "Get This" purports to cover "the news
items that deserve public attention that you probably won't see anywhere
else. They either won't make time for them, or maybe the issues are too
'sensitive' for their audience." According to News Central's website, "Get
This" claims to "play no favorites." But while the segment features many
humorous or lighthearted stories, the overall issue selection conveys a
conservative agenda, focusing on topics such as Democrats' alleged
inability to deal with electoral defeat; liberal college professors; author
and documentarian Michael Moore's comments; and even President George W.
Bush's pets.
[SOURCE: Media Matters for America]
http://mediamatters.org/items/200411180001

CABLE

FCC REPORT PANS A LA CARTE
Back in May, House Commerce Committee Chairman Joe Barton (R-TX) and Reps.
John Dingell (D-MI), Fred Upton (R-MI), Edward Markey (D-MA) and Nathan
Deal (R-GA) asked the FCC to study the per-channel sale of cable television
programming, known in French-obsessed Washington as a la carte. On
Thursday, the FCC released that report to Congress, addressing the economic
issues as well as the possible effect indecent/objectionable programming.
In short, the FCC concluded that a la carte would not lower cable bills.
"We don't come out and say that, but there are plenty of inferences that we
certainly don't recommend that," said an FCC source known only as Op Out.
"It doesn't really endorse anything. It just gives a lot of merit to the
operators -- big and, most notably, small [operators] -- and programmers
that mandatory a la carte would broadly be a problem." On rate issues, FCC
economists concluded that the purchase of nine networks a la carte would
about equal the prices consumers pay for expanded basic. A la carte would
likely lead to higher bills because the average cable home watches 17
channels, including local TV stations. In other words, consumers would pay
more to maintain access to their favorite channels. The report also
concluded that the cable and direct-broadcast satellite industries' efforts
to promote their digital blocking technologies were preferable to
program-sale mandates that would threaten pay TV's long-established
business model of grouping channels in large tiers.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA481516.html?display=Breaking+News
(requires subscription)
http://www.broadcastingcable.com/article/CA481597?display=Breaking+News
http://www.tvweek.com/news.cms?newsId=6758
Proponents of a la carte were quick to react:
"The study was rigged against consumers in favor of large cable companies,
giant broadcasters and other media behemoths," said Gene Kimmelman, senior
director for public policy and advocacy for Consumers Union, the non-profit
publisher of Consumer Reports. "If the FCC had studied our actual proposal
- a voluntary a la carte and mixed-channel bundling approach targeting
digital cable subscribers - it would have concluded that it would lead to
lower prices, greater choice and more diverse programming for consumers."

PTC BLASTS BASIC
The Parents Television Council had its own recommendations for Congress on
cable programming: Either Congress should start regulating cable indecency,
says PTC, or it should give viewers the chance to put together their own
family-friendly lineups through a la carte offerings. PTC argues that
customers should not have to subsidize "filth" to get access to "the
wholesome, educational and family-friendly programming available on a
handful of basic cable channels."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481459.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

FOX NEWS CHANNEL CAN AIR IN CANADA, REGULATOR SAYS
Finally Canadians will can the fairness and balance they deserve. The
Canadian Radio-television and Telecommunications Commission ruled that it
is OK for cable operators there to offer Fox News Channel because the
channel "offers little or no Canadian coverage" and said the network's
"news/talk programs are more focused on editorial opinion and discussion"
than those of Canadian channels CBC Newsworld and CTV Newsnet. What better
replacement for Saturday night hockey?
[SOURCE: Wall Street Journal]
http://online.wsj.com/article/0,,SB110081952721078637,00.html?mod=todays...
(requires subscription)

INTERNET

A NATION ONLINE: ENTERING THE BROADBAND AGE
The sixth report released by the U.S. Department of Commerce examining the
use of computers, the Internet, and other information technology tools by
the American people. Between the Census Bureau's Current Population Surveys
conducted in September 2001 and October 2003, the number of households with
Internet connections grew by 12.6% and a transition is underway from
dial-up to high-speed Internet connections. The use of high-speed Internet
connections grew significantly between 2001 and 2003 and more than offset
the decline in dial-up users. For this reason, this report focuses on what
Americans are doing with their high-speed connections.
[SOURCE: National Telecommunications and Information Administration]
http://www.ntia.doc.gov/reports/anol/index.html

WEB MEDIA BUYOUTS COMING? KINDA
According to Sam Whitmore, editor of Sam Whitmore's Media Survey, over the
next 12 to 24 months you will probably see big media companies scarf up
blogs, where a growing number of people are going for opinions, analysis
and community.
http://www.wired.com/news/culture/0,1284,65748,00.html

WEB TAX HOLIDAY
A WSJ editorial in support of the move by Congress to extend the Internet
(access) tax moratorium.
[SOURCE: Wall Street Journal, AUTHOR: Editorial Staff]
http://online.wsj.com/article/0,,SB110082815875778942,00.html?mod=todays...
(requires subscription)

QUICKLY

Ex-Viacom President Mel Karmazin has agreed to be the CEO of Sirius
Satellite Radio, hooking up again with Howard Stern. Karmazin was for years
a power in the radio business, building Infinity Broadcasting into one of
the most powerful station groups before selling it to Westinghouse/CBS,
which was in turn acquired by Viacom. Karmazin was Stern's boss at
Infinity, where he went to bat for the broadcaster when he was attacked by
some legislators pushing the company to muzzle the shock jock.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481580?display=Breaking+News&...
(free access for Benton's Headlines subscribers)

Statement of Commissioner Adelstein Before the Senate Committee on
Commerce, Science, and Transportation, Nominations Hearing
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254395A1.doc

Gay Hart Gaines, Claudia Puig and Dr. Ernest Wilson, III testified Thursday
before the Senate Commerce Committee. The three have been nominated by
President Bush to serve terms on the nine-member Board of Directors for the
Corporation for Public Broadcasting. The URL below provides links to their
testimony.
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=387

The FCC has granted Californian broadcaster Pappas additional time to
appeal the Commission's decision regarding its "gift" of free time to
legislative candidates in the state. The date for filing an Application For
Review regarding the Bureau's decision has been extended to December 17, 2004
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3619A1.doc
--------------------------------------------------------------
Thanks for reading. We'll publish Monday, Tuesday and Wednesday next week.
Have a great weekend.
--------------------------------------------------------------
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.
--------------------------------------------------------------

Benton's Communications-related Headlines for 11/18/04

The Senate Commerce Committee holds a hearing this morning on the=20
nominations of Jonathan Adelstein (Federal Communications Commission),=20
Ernest Wilson, Claudia Puig, and Gay Gains (Corporation for Public=20
Broadcasting). For this and other upcoming media policy events, see=20
http://www.benton.org/calendar.htm

MEDIA
Scientific American Hails Rereg Fight
Dean Criticizes News Media
Powell 'Disappointed' in Disney
Broadcasters=92 Actions May Be an Attempt to Attack FCC Rules
Farmers Plant Doubts About DTV Plan
Gimme That Old-Time Channel Lineup
Infomercial Group Self-Regulates
Radio Chain to Cut Ties to Promoters Paid by Labels

INTERNET
Extension of Ban On Internet Taxes Nears Approval
Now You See 'Em, Now You Don't: More Telecom Regulations Fall at the FCC
eLearning in Nonprofits and Associations

QUICKLY
Cellphone Carriers Hold Line on Fees
Exit Poll Data Will be Delayed
Hoffman Leaving FTC

MEDIA

SCIENTIFIC AMERICAN HAILS REREG FIGHT
Scientific American has decided that the fight against media consolidation=
=20
was one of the 50 "outstanding acts of leadership in science and=20
technology" of the past year and the magazine has named Media Access=20
Project President Andrew Schwartzman one of the "Scientific American 50"=20
for 2004. =93As media giants extend their empires,=94 they wrote, =93local=
news=20
and a diversity of viewpoints can be lost or extinguished, depriving the=20
public of important information and dialogue.=94
Schwartzman expressed surprise to be included in a group largely composed=20
of experimental scientists, but said he was gratified that the magazine=20
recognized that media consolidation is an issue of such great magnitude. He=
=20
stressed that he realized that his selection was symbolic, saying "I was=20
just one of a team of attorneys who have worked on the media consolidation=
=20
issue for years. My colleagues Cheryl Leanza and Harold Feld and our=20
support staff were tireless in taking on the challenge of media ownership.=
=20
And Media Access Project was just a small part of a large coalition of=20
civil rights, civil liberties, consumer, artistic, labor and other citizens=
=20
groups which worked to achieve these victories."
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA481199.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
http://www.mediaaccess.org/SciAm.pdf
http://www.sciam.com/sa50/2004/policy_2.html

DEAN CRITICIZES NEWS MEDIA
"The media is a failing institution in this country," said former Vermont=20
Governor Howard Dean on Tuesday. "They are not maintaining their=20
responsibility to maintain democracy." Speaking at a Yale University=20
symposium, titled "The Media and the Election: A Postmortem," Gov Dean=20
stressed corporate ownership of the media and the increased focus on=20
entertainment as problems with today's media. He emphasized the importance=
=20
of diversity and regulation in fixing these problems. The television=20
networks, especially Fox News, are most to blame for the increased focus in=
=20
journalism on flash and entertainment, Dean said. But speakers at the same=
=20
symposium disagreed. Evan Thomas, an assistant managing editor for=20
Newsweek, said entertainment in the media is a necessary tool to attract=20
the public.
[SOURCE: Yale Daily News, AUTHOR: Yotam Barkai]
http://www.yaledailynews.com/article.asp?AID=3D27403

POWELL 'DISAPPOINTED IN DISNEY
Tsk, tsk, tsk, you global conglomerate's just don't know how to behave. FCC=
=20
Chairman Michael Powell told CNBC's Alan Murray Wednesday that he found=20
ABC's racy Monday Night Football introduction "very disappointing," adding,=
=20
"I wonder if Walt Disney would be proud." Chairman Powell suggested that=20
ABC had boiled up some of its own hot water on the indecency front. "It=20
would seem to me that while we get a lot of broadcasting companies=20
complaining about indecency enforcement, they seem to continuing to be=20
willing to keep the issue at the forefront, keep it hot and steamy, in=20
order to get financial gain from the free advertising it provides. I think=
=20
companies have to make that decision for themselves." Meanwhile, the=20
Parents Television Council, the organization that led the charge against=20
Janet Jackson's breast, announced that it will not file a complaint against=
=20
ABC, saying the intro =93grossly irresponsible,=94 but it doesn't think it=
was=20
indecent.
Also, in the same interview, Chairman Powell said once again that he has no=
=20
plans to leave the Commission anytime soon since he is still having fun and=
=20
there's "still things that are really significantly important for me to=20
complete."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481093.html?display=3DBreakin...
ws&referral=3DSUPP
http://www.broadcastingcable.com/article/CA481205.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
http://www.multichannel.com/article/CA481077.html?display=3DBreaking+News
FCC to Examine ABC TV Spot
"It will be something we =85 will have to look at; but that's far from=
saying=20
what the result will be," FCC Chairman Michael Powell said.
[SOURCE: Los Angeles Times, AUTHOR: Jube Shiver Jr.]
http://www.latimes.com/business/printedition/la-fi-fcc18nov18,1,1890490....
y?coll=3Dla-headlines-pe-business
(requires registration)

BROADCASTERS' ACTIONS MAY BE AN ATTEMPT TO ATTACK FCC RULES
Why did so many ABC stations decide not to air "Saving Private Ryan" last=20
week? FCC Chairman Powell thinks it may be a subtle attempt to portray FCC=
=20
indecency rules in a negative light. The movie aired twice before on the=20
network and the FCC ruled it was not indecent. But Chairman Powell said not=
=20
only do stations legally have the authority to preempt programming, =93they=
=20
contractually have that authority and they actually have public interest=20
obligations to exercise authority under the way the legal
regime for local broadcasters works.=94 Over the years, stations haven't=20
exercised that option often, but the option has always been there, he said.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

FARMERS PLANT DOUBTS ABOUT DTV PLAN
Will DTV play in Peoria? In a meeting with Commissioner Jonathan Adelstein,=
=20
the American Corn Growers Association and the Soybean Producers of America,=
=20
joined by some unions and others, argued that the impact of a hard date for=
=20
cut-off of analog television service will adversely impact rural=20
communities with less access to cable. The groups also argue that the=20
switch to digital must include a multicast must-carry requirement to insure=
=20
that farmers get access to crucial weather information services. For=20
farmers, a weather news is far more than a guide to the day's attire or=20
recreational plans. It is a key piece of business information that affects=
=20
their livelihoods. The topic of farm broadcasting in the digital age is=20
likely to be a hot one at this week's National Association of Farm=20
Broadcasters Convention in Kansas City.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481089.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)

GIMME THAT OLD-TIME CHANNEL LINEUP
Count religious broadcasters in the cast of thousands opposing a la carte=20
cable pricing. Ministers pointed out in comments filed with the FCC that=20
the General Accounting Office has already weighed in saying a la carte=20
cable could put some smaller nets, including minority targeted and=20
religious, out of business. The FCC is scheduled to report to Congress=20
Thursday on whether it thinks a la carte is a good idea.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481003.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
http://www.multichannel.com/article/CA481169.html?display=3DBreaking+News

INFOMERCIAL GROUP SELF-REGULATES
The Electronic Retailing Self-Regulation Program (ESRP), launched this year=
=20
after the Federal Trade Commission began cracking down on bogus weight-loss=
=20
claims in ads and infomercials, said it has persuaded the marketers of=20
Slim-In-6 and 6-Day-Express Body weight-loss programs to modify their TV=20
infomercials.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA481012.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)

RADIO CHAIN TO CUT TIES TO PROMOTERS PAID BY LABELS
Viacom's Infinity Broadcasting, one of the nation's largest radio chains,=20
said yesterday that it planned to sever its relationships with independent=
=20
record promoters, distancing itself from a practice that critics have=20
likened to bribes. The record companies have paid middlemen for decades,=20
though the practice has long been derided as a way to skirt a federal=20
statute that outlaws bribes to radio broadcasters. The law prohibits=20
broadcasters from taking cash or anything of value in exchange for playing=
=20
a specific song, unless they disclose the payment to listeners. But in a=20
practice that is common in the record business, independent promoters pay=20
radio stations annual fees often exceeding $100,000, not, they say, to play=
=20
specific songs but to obtain advance copies of the stations' playlists. The=
=20
promoters then bill record labels for each new song that is added; the=20
practice costs the record industry tens of millions of dollars a year.=20
Record executives said yesterday that even if the termination of deals at=20
some companies means promoters can no longer bill the record labels when a=
=20
song is placed on those companies' playlists, promoters may instead ask the=
=20
labels for retainer fees to lobby specific radio programmers.
[SOURCE: New York Times, AUTHOR: Jeff Leeds]
http://www.nytimes.com/2004/11/18/business/media/18infinity.html
(requires registration)

INTERNET

EXTENSION OF BAN ON INTERNET TAXES NEARS APPROVAL
Although the legislation has been stalled for months, a four-year extension=
=20
of a ban on taxing Internet access services is expected to clear Congress=20
and make its way to the White House by the end of the week. The legislation=
=20
would restrict the ability of state and local governments to assess taxes=20
on Internet-access services, including high-speed wireless and broadband=20
services. It would not apply to new Internet phone technologies or to sales=
=20
taxes on products and services purchased online. A previous ban, passed in=
=20
1998, expired in November 2003. The expanded provision protecting broadband=
=20
sparked opposition from governors, mayors and other local officials, who=20
feared it would restrict or prevent their assessing existing=20
telecommunications taxes on the Internet. Such taxes bring in about $20=20
billion a year and are used to pay for numerous programs and services.
[SOURCE: Wall Street Journal, AUTHOR: Rob Wells rob.wells( at )dowjones.com &=20
Anne Marie Squeo annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB110072334736977013,00.html?mod=3Dtoda...
s_page_one
(requires subscription)
See also:
http://www.washingtonpost.com/wp-dyn/articles/A58613-2004Nov17.html
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DISUTIWZSKVCQQCRBAE...
Y?type=3DinternetNews&storyID=3D6845669

NOW YOU SEE 'EM, NOW YOU DON'T: MORE TELECOM REGULATIONS FALL AT THE FCC
[Commentary] The Michael Powell deregulatory juggernaut continues to roll=20
along at the Federal Communications Commission, where regulations of=20
telephone service at the state level were the latest victim. On 9=20
November, the FCC relieved digital telephone company Vonage of the need to=
=20
adhere to state-based regulations that normally apply to traditional phone=
=20
companies.
[SOURCE: Center for Digital Democracy]
http://www.democraticmedia.org/news/washingtonwatch/FCCvonage.html

eLEARNING IN NONPROFITS AND ASSOCIATIONS
The 2004 Nonprofit and Association E-learning Survey provides the most=20
complete data to date on mission-based organizations=92 use of e-learning=20
technologies. Overall, the survey shows wide and growing adoption of=20
e-learning among nonprofit organizations and associations. More than 54=20
percent of total respondents either use elearning
or plan to in the next 12 months. Another 36 percent of respondents=20
indicate interest in e-learning, but have no definite plans to implement a=
=20
program. More than 88 percent of respondents indicated they were very or=20
somewhat satisfied with their e-learning programs. Another 10 percent=20
reported that they were somewhat
dissatisfied, while only 2 percent were very dissatisfied with their=20
e-learning programs.
[SOURCE: Isoph]
http://www.isoph.com/pdfs/2004_Nonprofit_E-learning_Survey.pdf

QUICKLY

CELLPHONE CARRIERS HOLD LINE ON FEES
If you're ready to call your Member of Congress over those regulatory fees=
=20
on your cell phone bill, redirect the complaint to your carrier. Verizon=20
Wireless and Sprint PCS said this week that they were cutting the=20
"regulatory cost recovery fees" they pass along to their customers. Those=20
are the fees that telecom providers tack on to their monthly service plans=
=20
that look like government taxes, but are really just additional revenue=20
collected by carriers, which they say goes to recoup the costs of complying=
=20
with government regulations. But carriers aren't hanging up on these=20
monthly fees just yet. Verizon Wireless and Sprint will continue collecting=
=20
the fees at scaled-back rates -- five cents and 40 cents, respectively --=20
and the country's other major wireless carriers all have kept their fees=20
intact. One reason the fees aren't likely to disappear anytime soon: Most=20
cellphone operators except Verizon Wireless, a venture of Vodafone and=20
Verizon, count the regulatory-cost-recovery fees as part of their monthly=20
average customer revenue, which is already in decline at many of the=20
wireless carriers.
[SOURCE: Wall Street Journal]
http://online.wsj.com/article/0,,SB110073723994877437,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

EXIT POLL DATA WILL BE DELAYED
To avoid leaking information about early exit polls and save media=20
companies embarrassment, on future election days, news organizations that=20
pay for surveys of voters leaving polling places won't see results until=20
late afternoon or early evening. [So I'm wondering... will it be easier to=
=20
control the flow of information four years from now?]
[SOURCE: USAToday, AUTHOR: Mark Memmott]
http://www.usatoday.com/printedition/news/20041118/a_exitpoll18.art.htm

HOFFMAN LEAVING FTC
Bruce Hoffman, deputy director of the Federal Trade Commission=92s=20
competition bureau, announced Wednesday that he will be leaving the FTC=20
Nov. 24 to return to private law practice. Mr. Hoffman helped streamline=20
the commission=92s merger review process and was a lead staffer for the=20
agency=92s review of the NBC/Vivendi Universal merger
http://www.broadcastingcable.com/article/CA481090.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
--------------------------------------------------------------
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.
--------------------------------------------------------------

Benton's Communications-related Headlines for 11/17/04

As expected, President Bush has renominated Democratic FCC Commissioner
Jonathan Adelstein to the remainder of a five-year term expiring June 30,
2008. The Senate Commerce Committee will hold a hearing on confirmations on
Thursday (see http://commerce.senate.gov/hearings/witnesslist.cfm?id=1342).
Communications Daily reports that Commissioner Adelstein could be confirmed
by the Senate by Thursday evening.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA480592.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
See also --
LA Times:
http://www.latimes.com/business/printedition/la-fi-fcc17nov17,1,1431736....

MEDIA
Resurrect Local Radio
Minorities Seek DTV-Vote Delay
ABC Apologizes for Risqu Spot Before 'MNF' Game
U.K. Panel Urges Curbs on TV Spots For 'Junk Food'
Right-Wing Wins Take Wind Out of Talk-Show Hosts
TiVo Will No Longer Skip Past Advertisers
Network Television News Chiefs Hold Forum
Exiting Hollings Cites Media Impact

TELECOM
Can You Tax Me Now?
SBC Seeks to Levy Higher Fees On Internet Phone Companies

QUICKLY
$10 Million Clear Channel Lawsuit Delayed
Notes from CPB Board Meeting
Bush II: Paige Out, NCLB to High School
Senate May Ram Copyright Bill
CDT Comments on Peer-to-Peer Challenges in FTC Proceeding

MEDIA

RESURRECT LOCAL RADIO
[Commentary] Since the 1996 deregulation law unleashed an unparalleled wave
of monopolization, the radio service many of us grew up with has vanished.
Local newscasts are a memory. Homegrown musicians might as well play on the
sidewalk for quarters. Emergency authorities sometimes can't get bulletins
aired in small towns, whose stations are mere relays for robotic
music-feeds from half a continent away. A potential savior is low power
radio (LPFM), tiny, nonprofit radio stations with limited (~3.5 miles)
reach and low start-up costs (~$6,000). LPFM has enormous potential: To
beam to underserved localities, to provide a forum for voices that existing
broadcasters ignore, to rededicate a sliver of the spectrum to community
service, to validate local realities and plans, to remind us all that the
cornerstone of U.S. broadcasting has for 75 years been something called
localism, the geographic counterpart to the federalism that is praised as
rapturously as it is ignored. LPFM could become a reality for many more
communities across the country, but Congress needs to act to make it happen.
[SOURCE: Knight Ridder Newspapers, AUTHOR: Edward Wasserman, Washington and
Lee University]
http://www.fortwayne.com/mld/newssentinel/news/editorial/10194642.htm

MINORITIES SEEK DTV-VOTE DELAY
The Minority Media Telecommunications Council, in a recent letter to the
FCC, is asking the Commission to delay voting on a plan to speed the switch
to all-digital television broadcasting until Congress provides subsidies
for digital-TV-compatible equipment for low-income Americans. The FCC is
expected to recommend that Congress subsidize the $1 billion-plus cost of
providing digital-to-analog converters needed to keep old analog sets
working, but White House staff is on the record opposing the idea. "The
exclusion of the least fortunate Americans from the community of television
viewers would even further deepen America's seemingly intractable social
class divisions," said MMTC. "It should matter to all of us whether
low-income families receive accurate and timely information about jobs,
health care, school closings and homeland security." (Agreed, but who gets
valuable information like that watching TV?.)
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA480549.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

ABC APOLOGIZES FOR RISQU SPOT BEFORE 'MNF' GAME
The FCC has received complaints about the intro to this week's Monday Night
Football telecast which included a woman seducing a player wear only a
towel and then -- um -- dis-toweling. The NFL is mad and the network, ABC,
is apologizing.
[SOURCE: USAToday, AUTHOR:Rudy Martzke]
http://www.usatoday.com/printedition/news/20041117/1a_bottomstrip17_dom....
In a related story (not sure how exactly), the LA Times reports that
passage of new broadcast indecency legislation is unlikely during the lame
duck session of Congress. Sen Sam Brownback (R-KS) is expected to
reintroduce the bill in January
http://www.latimes.com/business/printedition/la-fi-rup17.7nov17,1,383471...

UK PANEL URGES CURBS ON TV SPOTS FOR 'JUNK FOOD'
The U.K. Department of Health released a report yesterday that calls for
advertisers to limit children's and adults' exposure to food high in sugar,
salt and fat by reducing advertising after 6 p.m., a time when many
children watch television. If marketers don't voluntarily devise a plan to
limit the commercials with U.K. advertising regulatory agency the Office of
Communication, the government could impose a limit, said yesterday's
report. The U.K. government often commissions such "white papers" before
enacting legislation. The limit would affect sodas, French fries, candy and
other foods the government paper calls "junk food." Efforts to curtail
fatty-food advertising in the U.S., which also is fighting rising obesity
rates, haven't been successful. In the U.S. the Federal Trade Commission
tried banning junk-food advertising during the 1970s. It was overruled by
Congress, citing free-speech rights. Currently, a California group of
parents, the Allergy and Food Association, is lobbying for all advertising
to be banned from children's programming, schools and sports sponsorships.
[SOURCE: Wall Street Journal, AUTHOR: Robert Guy Matthews
robertguy.matthews( at )wsj.com]
http://online.wsj.com/article/0,,SB110061072914475385,00.html?mod=todays...
(requires subscription)

RIGHT-WING WINS TAKES WIND OUT OF TALK-SHOW HOSTS
The President won reelection by 3.5 million votes, Republican majorities
were increased in Congress, "moral values" are suddenly in vogue -- what's
left for the Right to complain about on talk radio? Luckily, they can
always eat their own as Sen Arlen Specter is finding out. "They'll be smart
to turn on themselves and talk about which conservatives are the 'true'
conservatives," says Michael Harrison, publisher of Talkers, a trade
magazine about the talk-show business. "If they keep beating up liberals,
it will ring hollow over time. People realize this isn't 1993 speaking,
it's almost 2005."
[SOURCE: Washington Post, AUTHOR: Paul Farhi]
http://www.washingtonpost.com/wp-dyn/articles/A55425-2004Nov16.html
(requires registration)

TIVO WILL NO LONGER SKIP PAST ADVERTISERS
By March, TiVo viewers will see "billboards," or small logos, popping up
over TV commercials as they fast-forward through them, offering contest
entries, giveaways or links to other ads. If a viewer "opts in" to the ad,
their contact information will be downloaded to that advertiser --
exclusively and by permission only -- so even more direct marketing can
take place. By late 2005, TiVo expects to roll out "couch commerce," a
system that enables viewers to purchase products and participate in surveys
using their remote controls. Perhaps even more significant is TiVo's new
role in market research. As viewers watch, TiVo records their collective
habits -- second by second -- and sells that information to advertisers and
networks.
[SOURCE: Los Angeles Times, AUTHOR:Gina Piccalo]
http://www.latimes.com/news/printedition/front/la-et-tivo17nov17,1,60009...
(requires registration)

NETWORK TELEVISION NEWS CHIEFS HOLD FORUM
David Westin of ABC News, Neal Shapiro of NBC News and Andrew Heyward of
CBS News met at a forum to discuss changes to broadcast network television
news. Technology, they acknowledge, is raising people's expectations that
news will be delivered to them when/where they want it, instead of waiting
to watch nightly network TV news programs. The three said that while they
hoped to resist a push into opinionated, "edgy" news that has been the
hallmark of Fox News and other cable outlets, they realized that Fox's
success reminded them that networks needed to adapt to the new media
marketplace. All three network news chiefs also defended their decision to
run just an hour of both political parties' national conventions live each
night, saying the conventions generated little if any real news.
[SOURCE: Washington Post, AUTHOR: Beth Fouhy, Associated Press]
http://www.washingtonpost.com/wp-dyn/articles/A53374-2004Nov16.html
(requires registration)

EXISTING HOLLINGS CITES MEDIA IMPACT
After 38 years in office, there are at least 38 reasons to remember Sen
Ernest "Fritz" Hollings (D-SC) -- and his staff is providing the list. So,
from the home office in Charleston... #22: Reined in the cable TV
monopolies, as the driving force in the early 1990s for the Cable and
Consumer Protections Act. #23: Authored the 1990 Children's TV Act,
requiring stations to carry educational programming for children and
limiting the amount of commercials aired during children's programming. #37
Fighting the good fight for bills that didn't make it. They included
"legislation to protect children from violence on television; and a
constitutional amendment permitting limits on campaign expenditures." If
you poke around the Senator's website you'll find these other
accomplishments: spearheaded bipartisan efforts to reverse the FCC's recent
decision to relax broadcast ownership rules; co-authored 1996
Telecommunications Act, which deregulated the telecom industry, ended the
Bell monopolies, and began the growth of independent telecommunications
companies; served as either the Chairman or Ranking Member of the Commerce,
Science and Transportation Committee since 1981, and has been on the
Committee since 1967; authored legislation in 2000 and 2002 to strengthen
online privacy and improve individual's control over their personal data;
authored legislation, first in 1993 and then reintroduced it 7 times over
the following 10 years, to protect children from excessively violent TV
programming; authored Constitutional Amendment to grant Congress and State
Legislatures authority to set campaign expenditure limits and reduce the
influence of money in politics; and co-authored the legislation in 2002
that created the FTC's "Do Not Call" List.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA480758.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
http://hollings.senate.gov/~hollings/materials/2003A15C53.html

TELECOM

CAN YOU TAX ME NOW?
As much as Congress wants to wrap up the post-election session, battles
over the Universal Service Fund could break out this week because of what
Precursor Group analyst Scott Cleland called a "self-inflicted wound" by
the Bush administration. Congressional Republicans have long delighted in
calling the fund and its E-rate portion the "Gore Tax" because of the
former vice president's support. If they don't act quickly, however, they
could be the ones responsible for this "tax" ballooning by more than 40%.
It would hit consumers next January -- the same time that regional Bell
companies might raise local phone rates. Last year, in a move to regularize
accounting by quasi-federal entities, OMB said the Universal Service
Administrative Corp. needed to change from business to government
accounting rules by Oct. 1, 2004. Additional concern about high-profile
cases of E-rate fraud prompted the FCC to take a further step, and require
USAC to collect all E-rate money from the fee before doling it out. Sens.
Olympia Snowe (R-Maine) and Jay Rockefeller (D-WV) who represent
predominately rural states, have a simple-enough amendment to be attached
to an FY05 appropriations bill that is gathering steam within a strangely
united telecom industry. It would exempt USAC from the Anti-Deficiency Act,
the obscure law that prompted the accounting changes in the first place.
The amendment does nothing to change the way money flows into or out of the
Universal Service Fund. But No one believes the USF can continue in its
current form. Consumers are making more long-distance calls on cellular
phones, and they don't make the same contributions to the fund. On the
distribution side, Sen. Gordon Smith (R-OR) complains that only 10 states
-- and specifically not Oregon - receive all of the fund's rural telecom
support. His bill changing the distribution formula passed the Senate
Commerce Committee in September. Some Commerce Committee back-benchers
question the need for the fund at all, as do many House Republicans.
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
http://nationaljournal.com/about/congressdaily/columns/clark.htm

SBC SEEKS TO LEVY HIGHER FEES ON INTERNET PHONE COMPANIES
SBC plans to file a new tariff with the FCC that potentially increases the
fees paid by Internet service providers for calls completed on the
company's local-phone network. While Internet calls largely avoid the
traditional public-telephone network, they do connect to it when the
recipient of the call isn't an Internet phone user. The tariff would go
into effect immediately, the company plans to have it in place as soon as
tomorrow. The move could mark the first time a regional Bell phone giant
has tried to assess higher fees -- traditionally levied on long-distance
phone calls -- on Internet phone technologies. Currently, most providers of
Internet phone service connect to local-phone networks through arrangements
with companies that lease access to the Bell networks. Because these calls
travel over the Internet until they must connect locally to a customer
using a traditional phone, the Internet phone service companies have been
paying fees associated with local calls, not long-distance calls. These
fees for local connections are substantially lower, and SBC plans to
designate its tariff somewhere between the two amounts. With just one
day's notice, the FCC will have a limited ability to suspend the tariff
from going into effect, though the agency could open an investigation afterward
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo
annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB110065122384576170,00.html?mod=todays...
(requires subscription)

QUICKLY

$10 MILLION CLEAR CHANNEL LAWSUIT DELAYED
According to a report in the San Antonio Express-News, a $10 million
antitrust lawsuit against Clear Channel Communications, which was set to go
to trial Monday in Chicago, has been postponed until next year. The
lawsuit, filed in 2002 by JamSports and Entertainment of Chicago, accuses
Clear Channel Entertainment of using monopolistic practices to win a
lucrative motorcycle racing contract. JamSports sued Paradama Productions,
which does business as AMA Pro Racing, for allegedly breaching a contract
that would have given JamSports the right to produce and promote the
American Motorcycle Association Supercross Series for 2003-09. It sued
Clear Channel for competing unfairly to land the AMA Pro Racing contract.
The case would be the first antitrust lawsuit to go to court against Clear
Channel. Earlier this year, the company settled an antitrust lawsuit
brought by Nobody In Particular Presents, a Denver-based concert promoter.
[SOURCE: Radio Ink]
http://www.radioink.com/HeadlineEntry.asp?hid=125855&pt=todaysnews

NOTES FROM CPB BOARD MEETING
The Corporation for Public Broadcasting Board of Directors is meeting this
week. On Tuesday, it adopted resolutions on the following issues: 1) a
reaffirmation of both public broadcasting's statutory obligation and
longstanding commitment to non-commercial and universally available program
services for children
(http://www.cpb.org/about/corp/board/resolutions/0411_childrensprogrammin...),
2) an updated code of ethics for CPB employees
(http://www.cpb.org/about/corp/board/resolutions/0411_updatedethics.html)
and 3) funding priorities to facilitate the effective transition of public
television into the digital era
(http://www.cpb.org/about/corp/board/resolutions/0411_digitalguidelines.html).
The priorities are: a) funding of costs of analog replication and b)
requests that have been approved but cannot be met from FY04 funds may
receive priority for funding from any FY 2005 appropriation. If FY 2004
funds remain unsolicited after the above priorities have been exhausted,
and if demands on the Digital Services Fund extend beyond the amount
previously allocated, CPB may allocate remaining funds towards approved
digital services projects.
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=386

BUSH II: PAIGE OUT, NCLB TO HIGH SCHOOL
School leaders are trying to understand what the election results will mean
for educational technology. Although much of the federal focus will remain
on using technology to implement various aspects of NCLB, the Bush
administration also will be looking to implement a few new ed-tech
initiatives announced during the campaign. These initiatives include
creating an eLearning Clearinghouse to promote online courses available to
students and adults from both public and private sources; providing $200
million to establish individualized learning plans for high school
students; and offering greater access to specialized teachers and Advanced
Placement courses through distance learning.
[SOURCE: eSchool News]
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=5382

SENATE MAY RAM COPYRIGHT BILL
The Consumer Electronics Association, the Computer and Communications
Industry Association, the American Conservative Union and public-interest
advocacy group Public Knowledge and gearing up for a fight in Congress to
prevent passage of legislation they say could overhaul of copyright law,
radically shifting it in favor of Hollywood and record companies. During
the lame duck session of Congress which began yesterday, the Senate might
vote on the Intellectual Property Protection Act, a comprehensive bill that
opponents charge could make many users of peer-to-peer networks,
digital-music players and other products criminally liable for copyright
infringement. The bill would also undo centuries of "fair use" -- the
principle that gives Americans the right to use small samples of the works
of others without having to ask permission or pay.
[SOURCE: Wired News, AUTHOR: Michael Grebb]
http://www.wired.com/news/politics/0,1283,65704,00.html?tw=rss.TOP
See statement by Public Knowledge at:
http://www.publicknowledge.org/pressroom/releases/pr111204

CDT COMMENTS ON PEER-TO-PEER CHALLENGES IN FTC PROCEEDING
The Center for Democracy and Technology filed comments for the Federal
Trade Commission's upcoming inquiry into the policy issues surrounding
popular peer-to-peer file-sharing networks. CDT's comments outlined the
challenge in preserving valuable Internet services made possible by
peer-to-peer technologies while addressing the serious privacy, spyware,
and copyright infringement problems raised by some file-sharing networks.
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)
Federal Trade Commission Workshop on Peer-to-Peer File-Sharing:
http://www.ftc.gov/bcp/workshops/filesharing/
CDT Comments to the Federal Trade Commission:
http://www.cdt.org/copyright/20041115cdt.pdf
CDT's Copyright Page:
http://www.cdt.org/copyright
--------------------------------------------------------------
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.
--------------------------------------------------------------

Benton's Communications-related Headlines for 11/16/04

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

TODAY'S QUESTION: Does the government have a bigger stake in you buying a=20
digital TV set -- or ensuring that digital TV programming is diverse and=20
includes local civic and public affairs?

MEDIA
Public Short-Shrifted in Digital TV Transition
EchoStar Thinks Locally
The Television Toddler Boom
Luring the Elusive Tween
When 'No Sex=92 Really Sells
China Formalizes Laws On TV Joint Ventures

TELECOM
Fees Paid by all Phone Customers Help Rural Phone Firms Prosper
Verizon and Sprint to Cut Fee For Transferring Cell Numbers

QUICKLY
Unused PC Power to Run Grid for Unraveling Disease
File-Swap Firm Gets License to Sell Music
Wireless to Drive Internet Growth, Tech Leaders Say
Conference on Blogs' News Impact
Privacy Groups Urge Appeals Court to Guarantee Email Privacy

MEDIA

PUBLIC SHORT-SHRIFTED IN DIGITAL TV TRANSITION
[Commentary] It's time to remind the FCC's Michael Powell that the public=20
is entitled to a fair return from its airways. The public owns the airwaves=
=20
and the broadcasters are trustees for the public good. Broadcasters get the=
=20
exclusive free use of the public airwaves, but in exchange they must serve=
=20
the public interest. The public interest is embodied in the Communications=
=20
Act and in seminal Supreme Court cases. Over the years it has meant many=20
things, but at its core, the public interest means providing local civic=20
and electoral discourse over the public airwaves. This core=20
obligation-which is fundamental to our democracy and self-governance-has=20
been languishing badly. Recent data shows that: 1) Network coverage of the=
=20
Democratic and Republican nominating conventions dropped to an all-time low=
=20
in 2004; just three hours of coverage per convention, per network. 2) A=20
viewer of local television newscasts saw an average of 2.4 minutes of=20
election coverage per half-hour of evening news in the weeks leading to the=
=20
November 2004 election; almost half (45 percent) of the coverage focused on=
=20
campaign strategy and fewer than one-third (29 percent) focused on campaign=
=20
issues, according to the Lear Center's Oct. 21, 2004, interim report. 3)=20
Nearly eight out of 10 of the campaign stories focused on the presidential=
=20
and vice presidential races as opposed to other races (also according to=20
the Lear Center interim report). These statistics show that coverage of=20
local issues in particular is lacking. Our democracy is predicated on an=20
informed citizenry. The FCC must define the public interest for digital=20
television now so that Americans, as consumers of democracy, don't miss out=
=20
on the enormous benefit of the digital airwaves.
[SOURCE: TVWeek, AUTHOR: Gloria Tristani, United Church of Christ]
http://www.tvweek.com/article.cms?articleId=3D26480

ECHOSTAR THINKS LOCALLY
EchoStar has launched a new crusade =97 one that calls on the FCC to impose=
=20
local programming quotas on TV stations. Under EchoStar=92s plan, stations=
=20
could refuse to comply, but they would forfeit their right to mandatory=20
satellite carriage in the relevant market. At a minimum, TV stations should=
=20
reserve 4% of their time to public-affairs programming and public-service=20
announcements geared toward the communities to which they=92re licensed to=
=20
serve, EchoStar says. It picked 4% because FCC rules require DBS operators=
=20
to set aside that amount for public-interest programming. The National=20
Association of Broadcasters is adamantly opposed to local programming=20
quotas, arguing that TV stations in the aggregate already offer =93vast=20
amounts of community-responsive programming=94 and help local charities=
raise=20
millions of dollars. In 1984, the FCC had rules that required a TV station=
=20
to offer local programming in order to gain staff approval of its=20
license-renewal application. The processing guidelines mandated at least 5%=
=20
local and a minimum of 10% non-entertainment programming. But broadcasters=
=20
=97 who said market conditions would force stations to provide local=20
programming =97 persuaded the FCC to drop the quotas. Over the last 20=
years,=20
EchoStar said many =97 perhaps even a majority =97 of TV stations have=
evolved=20
into nothing more than =93downlinks and distribution points for national=20
programming.=94
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA480164.html?display=3DPolicy
(requires subscription)

THE TELEVISION TODDLER BOOM
Cable networks are showing big interest in attracting the littlest viewers=
=20
these days. The expanded interest in reaching preschoolers stems from the=20
notion that there are new opportunities to be mined as little kids, and=20
their parents, are increasingly drawn to the educational and entertainment=
=20
content that can be found on digital media. What is really encouraging=20
about this boom in preschool programming, says Christy Glaubke, principle=20
associate of media watchdog Children Now, is that =93there can be some good=
=20
that comes from it =97 if it=92s educational.=94 She says, =93There have=
been=20
several studies that have found that young children =97 even=20
socio-economically-disadvantaged children who traditionally don't perform=20
as well in school =97 get a leg up by watching educational television.=94 At=
=20
the same time, she says, there is a potential downside to the programming=20
barrage. =93A concern that we have is the amount of commercialism that=20
children are exposed to on these channels,=94 says Glaubke, citing recent=20
fines levied by the Federal Communications Commission against ABC Family=20
and Nickelodeon for running excessive commercials during its children=92s=20
programming blocks. =93We realize that these networks need to make money,=
but=20
we also know that children under the age of eight are much more vulnerable=
=20
to commercial messages and unable to make a distinction between commercial=
=20
and program content. They=92re more susceptible to being swayed,=94 Glaubke=
says.
[SOURCE: Multichannel News, AUTHOR: Janice Rhoshalle Littlejohn]
http://www.multichannel.com/article/CA479862.html?display=3DSpecial+Report
(requires subscription)

LURING THE ELUSIVE TWEEN
According to Nielsen Media Research, the "tween" demographic ranges from 9=
=20
to 14 years old, but depending on the network, or even the marketing group,=
=20
tweens can fall anywhere from 6 to 14. Because of the big range and varied=
=20
interests, programmers find it hard to target this audience. The younger=20
ones are not quite full-fledged adolescents, and the older ones want to=20
step back a bit from the razor=92s edge of teenage life. They might be=20
interested in watching MTV: Music Television, but are also willing to watch=
=20
great narrative, family-style programming.
[SOURCE: Multichannel News, AUTHOR: Janice Rhoshalle Littlejohn]
http://www.multichannel.com/article/CA479863.html?display=3DSpecial+Report
(requires subscription)

WHEN 'NO SEX' REALLY SELLS
There is no doubt that when it comes to made-for-television movies, cable=20
has cleaned up at the proverbial box office. And while heightened sex and=20
violence may be key to attracting adult moviegoers, many cable channels are=
=20
finding they can pull in broader viewers, in major demos, with original=20
films aimed at families.
[SOURCE: Multichannel News, AUTHOR: Janice Rhoshalle Littlejohn]
http://www.multichannel.com/article/CA479861.html?display=3DSpecial+Report
(requires subscription)

CHINA FORMALIZES LAWS ON TV JOINT VENTURES
A wave of small-scale foreign investments is expected as China has=20
formalized laws that allow international media companies to form=20
television-production joint ventures with Chinese media firms, a move that=
=20
opens up China's burgeoning media sector but restricts the introduction of=
=20
foreign brand names. As many industry observers had expected, the laws=20
require the ventures to be at least 51% owned by a Chinese partner and=20
forbid financial investors that don't specialize in the media business,=20
such as private-equity funds. China's central government has pressed=20
broadcasters to move all viewers to a digital-broadcast pay-TV standard by=
=20
2015. The switch to digital will open more channels to consumers, but=20
broadcasters will need better content to lure those consumers to pay=20
digital-subscription fees.
[SOURCE: Wall Street Journal, AUTHOR: Geoffrey A. Fowler=20
geoffrey.fowler( at )wsj.com]
http://online.wsj.com/article/0,,SB110054559850974374,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

TELECOM

FEES PAID BY ALL PHONE COMPANIES HELP RURAL PHONE FIRMS PROSPER
About 10% of the USA's phone lines are in rural areas, from the northern=20
plains to the Southwest. Many are run by small family-owned phone companies=
=20
and co-ops that sprang up early in the 20th century in out-of-the-way areas=
=20
shunned by big carriers because rural residents are expensive to serve. To=
=20
sustain rural providers, the government created the universal service fund=
=20
(USF). But some rural companies may milk the system. One big problem, some=
=20
say: The government guarantees the rural companies an 11.25% return on=20
their network investments. They can recoup all their operating and capital=
=20
costs, plus net a profit of 11.25%. This complex web of subsidies is coming=
=20
under close scrutiny now. The subsidies and a scarcity of competition in=20
their areas have helped rural companies fare well in a mostly bleak telecom=
=20
industry. They're losing lines -- but at only half the rate of the Bells.=20
Ninety-two percent of them offer broadband. About a third run wires outside=
=20
their home turf to compete with neighboring carriers -- something the Bells=
=20
have never done.
[SOURCE: USAToday, AUTHOR:Paul Davidson]
http://www.usatoday.com/printedition/money/20041116/ruralphone16.art.htm
http://www.usatoday.com/printedition/money/20041116/ruralreg16.art.htm

VERIZON AND SPRINT TO CUT FEE FOR TRANSFERRING CELL NUMBERS
Verizon and Sprint wireless customers will get a small break on their bills=
=20
soon. The companies have decided to eliminate or reduce a 40-cent-per-line=
=20
monthly charge imposed to allow customers to transfer their phone numbers=20
to new carriers. "We call on all wireless providers to reduce or eliminate=
=20
these fees as well," said Janee Briesemeister, director of a cell phone=20
consumers rights project at the Consumers Union. "We've always questioned=20
whether the fees being charged for number portability were covering the=20
actual costs of switching phone numbers or were simply being charged to pad=
=20
profits."
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A52986-2004Nov15.html
(requires registration)

QUICKLY

UNUSED PC POWER TO RUN GRID FOR UNRAVELING DISEASE
Can you volunteer your computer to help save the world? IBM will launch the=
=20
World Community Grid today. The goal is to combine computer resources and=20
the shared knowledge of researchers to accelerate the pace of scientific=20
discovery, unlocking the genetic mysteries of illnesses like AIDS,=20
Alzheimer's disease, malaria and cancer
[SOURCE: New York Times, AUTHOR: Steve Lohr]
http://tech.nytimes.com/2004/11/16/technology/16grid.html
(requires registration)
http://www.worldcommunitygrid.org/

FILE-SWAP FIRM GETS LICENSE TO SELL MUSIC
In another sign of the music industry's grudging embrace of file-swapping=20
technology, Universal Music Group has agreed to license its 150,000-song=20
catalog to Snocap, a San Francisco company started by Napster founder Shawn=
=20
Fanning.
[SOURCE: San Jose Mercury News, AUTHOR:Dawn C. Chmielewski]
http://www.mercurynews.com/mld/mercurynews/business/technology/10193743.htm

WIRELESS TO DRIVE INTERNET GROWTH, TECH LEADERS SAY
At the TechNet National Innovation Summit, industry leaders predicted the=20
next big growth phase for the Internet will be in wireless services. "I=20
think the Internet's largest opportunities are in bringing new services,=20
ones that we barely imagine, to billions of people around the world,=20
wirelessly," said John Doerr, one of Silicon Valley's most renowned venture=
=20
capitalists and a partner at Kleiner Perkins Caufield & Byers. One focus of=
=20
the discussion was new ways to use wireless technology to expand the Web.=20
Wi-Fi, the popular term for wireless high-speed Internet access over short=
=20
distances, is gaining traction and other wireless technologies are in the=20
works. TechNet is a bipartisan political network of about 400 CEOs that=20
promotes technology.
News.com reports an interesting quote from Sun Microsystems co-founder Bill=
=20
Joy: "I don't think there's enough money in people knowing the truth."=20
Sorry to read that.
[SOURCE: Reuters, AUTHOR: Duncan Martell]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DDNZCUGZHLU5TUCRBAE...
A?type=3DinternetNews&storyID=3D6821835
http://news.com.com/Internet+leaders+ponder+U.S.+tech+policies/2100-1022...
453833.html?tag=3Dnefd.top
http://www.technet.org/innovation/national/

CONFERENCE ON BLOGS' NEWS IMPACT
Ana Marie Cox, the Wonkette for blog readers, speaking at the Online News=20
Association conference over the weekend, said blogs have spurred a quicker=
=20
response to breaking news by major media outlets and made it harder for=20
them to sit on stories. Mark Glaser, a columnist for the Online Journalism=
=20
Review who writes about Web logs said bloggers face a near-constant=20
struggle to establish the credibility enjoyed by professionals. Mindy=20
McAdams, a University of Florida journalism professor, applauded bloggers'=
=20
efforts but urged them to adhere to ethical standards held by mainstream=20
journalists. "Our credibility is suffering with so many people rushing to=20
publish things without checking them out," McAdams said after Cox's speech.=
=20
"Blogging is really great. I like that more and more people have a voice.=20
That's good ... But it doesn't give people who call themselves journalists=
=20
an excuse to not check out the information."
[SOURCE: CNN.com]
http://www.cnn.com/2004/TECH/internet/11/15/onlinemedia.ap/index.html

PRIVACY GROUPS URGE APPEALS COURT TO GUARANTEE EMAIL PRIVACY
In response to a federal court of appeals announcement that it would=20
reconsider its earlier decision that the wiretap laws do not apply to=20
real-time interception of email, the Center for Democracy and Technology=20
and six other public interest organizations filed an amicus brief arguing=20
that the court's initial decision had misconstrued the wiretap statute.=20
Senator Patrick Leahy, who was deeply involved in extending the wiretap law=
=20
to email in 1986, also filed an amicus brief in the case.
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)
Supplemental Amicus Brief in Favor of Reversal of CDT and others:
http://www.cdt.org/wiretap/20041112joint.pdf
Supplemental Amicus Brief in Favor of Reversal of Senator Patrick Leahy:
http://www.cdt.org/wiretap/20041112leahy.pdf
More on United States v. Councilman email privacy case:
http://www.cdt.org/wiretap/councilman.shtml
More on wiretap laws:
http://www.cdt.org/wiretap/
--------------------------------------------------------------
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.
--------------------------------------------------------------

Benton's Communications-related Headlines for 11/15/04

NARUC and NASUCA are meeting this week in Nashville. For these and other
upcoming media policy events, see http://www.benton.org/calendar.htm

TODAY'S QUESTION: Is "Saving Private Ryan" fit for primetime?
Communications Daily reports that the FCC received a number of complaints
about the broadcast last week.

WASHINGTON AGENDA
USF Funding Controversy Likely a Top 'Lame-Duck' Agenda
Adelstein Likely to Get New Term
CEA, NAB Look for Hard Date for Completing DTV Transition
Will Madison Avenue Be Bushwhacked?
VoIP Backers Should Celebrate Bush Win

MEDIA
Big Media Getting Bigger
Meredith Creates Duopoly-Lite
Web Publishers Move Toward Standardizing Ad-Viewership Data

WASHINGTON AGENDA

USF FUNDING CONTROVERSY LIKELY A TOP 'LAME-DUCK' AGENDA
A number of communications-related issues could be addressed as Congress
returns to town this week. Senate Appropriations Chairman Stevens
(R-Alaska) is considering taking action on the accounting problems with the
Universal Service Fund that have halted E-rate funding and could jeopardize
subsidies for rural telephone companies. A quick legislative fix may be a
temporary exemption of accounting regulations on the fund, so the new
Congress can study and act on the issue next year. Other items that may get
attention are: renomination of FCC Commissioner Adelstein (see story
below), efforts to create a spectrum relocation trust fund (HR-1320), E-911
legislation, the Satellite Home Viewer Improvement Act, the Internet tax
moratorium, and broadcast decency. Apparently, there's little White House
support for an overhaul of the intelligence system this session, so
adoption of the 9/11 Commission's recommendations -- including speeding the
transition to digital-only TV broadcasting (see story below) -- seems
unlikely. This lame-duck Congressional session is not expected to last more
than two weeks.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

ADELSTEIN LIKELY TO GET NEW TERM
Unpack those bags, FCC Commissioner Jonathan Adelstein, you may be an
unexpected winner in the 2004 election. Today, President Bush is expected
to renominate Adelstein and ask Congress to include his confirmation in a
package of 85 judicial and other federal posts that lawmakers are expected
to approve by the end of the week. If that happens, Commissioner Adelstein
will have a new five-year term. There's also conflicting rumors about
another FCC Commissioner serving past an expired term. Sen John McCain
supposedly pushed to replace Commissioner Kathleen Abernathy with Commerce
Committee aide Bill Bailey, but FCC Chairman Powell and Abernathy say the
White House has not informed them of such a switch.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA480196.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

CEA, NAB LOOK FOR HARD DATE FOR COMPLETING DTV TRANSITION
There's apparently growing support for setting a hard date for completing
the transition to digital-only TV broadcasting. Broadcasters apparently
favor 2009 as the date, if cable systems transmit broadcasters' full
digital signals by the end of the DTV transition and either make analog
signals available to households to households that don't adopt digital TVs.
Digital TV set makers also think it is important to set such a deadline
once and for all as a necessary step for achieving economies of scale that
would make future DTV sets affordable for the masses.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins, Paul Gluckman]
(Not available online)

WILL MADISON AVENUE BE BUSHWACKED?
What will the second term for President Bush mean for advertisers? They
might be a little nervous. Broadcast indecency and violence are likely to
get a lot of attention and a moral groundswell could have a chilling effect
on sponsorship of content for the gay and lesbian community. Many also
believe that the Bush Administration's stance on media ownership will
negatively impact Madison Avenue. Advertisers believe mega-mergers dilute
program diversity. The concentration of ownership stifles the variety of
media content, which, in turn, limits the ability of marketers to
efficiently reach targeted audiences that favor niche programming. There
may also be a crackdown on advertising aimed at children.
[SOURCE: Broadcasting&Cable, AUTHOR: Joe Mandese]
http://www.broadcastingcable.com/article/CA480207.html?display=Advertisi...
(free access for Benton's Headlines subscribers)
For concerns about marketing to children see:
How marketers hook kids, and why we should worry
[SOURCE: USAToday, AUTHOR:Lyn Millner ]
http://www.usatoday.com/printedition/money/20041115/born.art.htm

VOIP BACKERS SHOULD CELEBRATE BUSH WIN
[Commentary] The FCC's vote last week on Internet telephone service "nicely
captures the long-running discord between the Democrats' regulatory
fetishism and the Republicans' regulatory restraint." The Commission's
Republican majority, led by Chairman Michael Powell, decided "VoIP must be
freed from the clutches of busybody state utility commissioners." Democrats
decried the decision's erosion of the federal-state regulatory partnership
and the unanswered questions about issues like universal service. "The
Democrats on the commission simply have been more skeptical of markets, and
the Republicans have been more skeptical of regulation," says James
Gattuso, a fellow at the Heritage Foundation and a former deputy chief at
the FCC. "It's almost a classic situation of burden of proof: The
Republicans seem to be saying, 'Prove to us you need regulation,' and the
Democrats seem to be saying, 'Prove to us markets will work.'" McCullagh
ends: "But given today's political reality, Powell and his Republican
allies probably have done as much as they could to help nurture VoIP and
bring high-speed connections to Americans' homes. The two Democratic
commissioners have not."
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/VoIP+backers+should+celebrate+Bush+win/2010-1071-545...

MEDIA

BIG MEDIA GETTING BIGGER
Apparently the old adage "eat or be eaten" applies to Internet journalism,
too. At the fifth annual Online News Association meeting, the buzz was "Big
Media gets bigger." CBS MarketWatch was purchased by Dow Jones, a direct
competitor that has lagged, not led, the revolution to publish free news on
the Internet -- despite the potential to break news during market hours.
Now the most direct Internet competitors of the Dow Jones-MarketWatch
alliance include Street.com (a smaller Web-only outlet), Forbes, Fortune
and Business Week (all magazines) and Yahoo Finance (an aggregation site).
Sources at the conference said The Washington Post is close to acquiring
Slate, another Web pioneer of original Web content. Slate, which is owned
by Microsoft, focuses on political reporting, much like the Post does.
[SOURCE: C-Net|News.com, AUTHOR: Jeff Pelline]
http://news.com.com/Big+media+getting+bigger/2100-1024_3-5452023.html?ta...

MEREDITH CREATES DUOPOLY-LITE
It is great to how creative corporations can be to serve their commercial
interests. Although duopolies are not allowed under FCC rules in Kansas
City, Meredith Broadcasting has purchased from Sinclair the "nonlicense
assets" of WB affiliate KSMO for $26.8 million. The company already owns
the CBS affiliate there. Those assets comprise the building, tower and
staffers, however, B&C reports, that is more like a hefty upfront payment
than the actual value of those assets. Meredith will seek a failed-station
wavier from the FCC, which can allow otherwise impermissible duopolies if
it is to save a distressed station. It will pay $6.7 million for the
license -- probably far less than it is worth -- if FCC rules ultimately
permit it to own a duopoly in KC.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA480187.html?display=Breaking+...'&referral=SUPP
(free access for Benton's Headlines subscribers)
See also:
TVWeek
http://www.tvweek.com/news.cms?newsId=6717

WEB PUBLISHERS MOVE TOWARD STANDARDIZING AD-VIEWERSHIP DATA
The Internet is one of the few places where advertisers have relied on
publishers to tell them how widely ads are distributed, without third-party
confirmation making advertisers have been cautious about spending on the
medium. But now Web sites are agreeing to standardize the reporting of
ad-viewership numbers, also known as impressions, and for the first time
agreeing to have the numbers audited. Unlike other media, Internet
publishers don't have to rely on sampling. They can examine their Web logs
and see exactly how many times an ad was served to readers. Using the new
standards, they will use consistent methods for counting those readers
[SOURCE: Wall Street Journal, AUTHOR: Carl Bialik carl.bialik( at )wsj.com ]
http://online.wsj.com/article/0,,SB110048058975973783,00.html?mod=todays...
(requires subscription)
See also:
Ad Network Monitors Web Habits
Tacoda, an online marketing company, will announce today the creation of a
network of 60 Web sites that allow its members to display ads based on how
people surf through the network. Tacoda's service, called AudienceMatch,
will not know who those surfers are, just where they visit.
[SOURCE: New York Times, AUTHOR: Bob Tedeschi]
http://www.nytimes.com/2004/11/15/technology/15ecom.html
(requires registration)
--------------------------------------------------------------
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.
--------------------------------------------------------------

Benton's Communications-related Headlines for 11/19/04

NARUC and NASUCA are meeting this week in Nashville. For these and other
upcoming media policy events, see http://www.benton.org/calendar.htm

TODAY'S QUESTION: Is "Saving Private Ryan" fit for primetime?
Communications Daily reports that the FCC received a number of complaints
about the broadcast last week.

WASHINGTON AGENDA
USF Funding Controversy Likely a Top 'Lame-Duck' Agenda
Adelstein Likely to Get New Term
CEA, NAB Look for Hard Date for Completing DTV Transition
Will Madison Avenue Be Bushwhacked?
VoIP Backers Should Celebrate Bush Win

MEDIA
Big Media Getting Bigger
Meredith Creates Duopoly-Lite
Web Publishers Move Toward Standardizing Ad-Viewership Data

WASHINGTON AGENDA

USF FUNDING CONTROVERSY LIKELY A TOP 'LAME-DUCK' AGENDA
A number of communications-related issues could be addressed as Congress
returns to town this week. Senate Appropriations Chairman Stevens
(R-Alaska) is considering taking action on the accounting problems with the
Universal Service Fund that have halted E-rate funding and could jeopardize
subsidies for rural telephone companies. A quick legislative fix may be a
temporary exemption of accounting regulations on the fund, so the new
Congress can study and act on the issue next year. Other items that may get
attention are: renomination of FCC Commissioner Adelstein (see story
below), efforts to create a spectrum relocation trust fund (HR-1320), E-911
legislation, the Satellite Home Viewer Improvement Act, the Internet tax
moratorium, and broadcast decency. Apparently, there's little White House
support for an overhaul of the intelligence system this session, so
adoption of the 9/11 Commission's recommendations -- including speeding the
transition to digital-only TV broadcasting (see story below) -- seems
unlikely. This lame-duck Congressional session is not expected to last more
than two weeks.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

ADELSTEIN LIKELY TO GET NEW TERM
Unpack those bags, FCC Commissioner Jonathan Adelstein, you may be an
unexpected winner in the 2004 election. Today, President Bush is expected
to renominate Adelstein and ask Congress to include his confirmation in a
package of 85 judicial and other federal posts that lawmakers are expected
to approve by the end of the week. If that happens, Commissioner Adelstein
will have a new five-year term. There's also conflicting rumors about
another FCC Commissioner serving past an expired term. Sen John McCain
supposedly pushed to replace Commissioner Kathleen Abernathy with Commerce
Committee aide Bill Bailey, but FCC Chairman Powell and Abernathy say the
White House has not informed them of such a switch.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA480196.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

CEA, NAB LOOK FOR HARD DATE FOR COMPLETING DTV TRANSITION
There's apparently growing support for setting a hard date for completing
the transition to digital-only TV broadcasting. Broadcasters apparently
favor 2009 as the date, if cable systems transmit broadcasters' full
digital signals by the end of the DTV transition and either make analog
signals available to households to households that don't adopt digital TVs.
Digital TV set makers also think it is important to set such a deadline
once and for all as a necessary step for achieving economies of scale that
would make future DTV sets affordable for the masses.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins, Paul Gluckman]
(Not available online)

WILL MADISON AVENUE BE BUSHWACKED?
What will the second term for President Bush mean for advertisers? They
might be a little nervous. Broadcast indecency and violence are likely to
get a lot of attention and a moral groundswell could have a chilling effect
on sponsorship of content for the gay and lesbian community. Many also
believe that the Bush Administration's stance on media ownership will
negatively impact Madison Avenue. Advertisers believe mega-mergers dilute
program diversity. The concentration of ownership stifles the variety of
media content, which, in turn, limits the ability of marketers to
efficiently reach targeted audiences that favor niche programming. There
may also be a crackdown on advertising aimed at children.
[SOURCE: Broadcasting&Cable, AUTHOR: Joe Mandese]
http://www.broadcastingcable.com/article/CA480207.html?display=Advertisi...
(free access for Benton's Headlines subscribers)
For concerns about marketing to children see:
How marketers hook kids, and why we should worry
[SOURCE: USAToday, AUTHOR:Lyn Millner ]
http://www.usatoday.com/printedition/money/20041115/born.art.htm

VOIP BACKERS SHOULD CELEBRATE BUSH WIN
[Commentary] The FCC's vote last week on Internet telephone service "nicely
captures the long-running discord between the Democrats' regulatory
fetishism and the Republicans' regulatory restraint." The Commission's
Republican majority, led by Chairman Michael Powell, decided "VoIP must be
freed from the clutches of busybody state utility commissioners." Democrats
decried the decision's erosion of the federal-state regulatory partnership
and the unanswered questions about issues like universal service. "The
Democrats on the commission simply have been more skeptical of markets, and
the Republicans have been more skeptical of regulation," says James
Gattuso, a fellow at the Heritage Foundation and a former deputy chief at
the FCC. "It's almost a classic situation of burden of proof: The
Republicans seem to be saying, 'Prove to us you need regulation,' and the
Democrats seem to be saying, 'Prove to us markets will work.'" McCullagh
ends: "But given today's political reality, Powell and his Republican
allies probably have done as much as they could to help nurture VoIP and
bring high-speed connections to Americans' homes. The two Democratic
commissioners have not."
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/VoIP+backers+should+celebrate+Bush+win/2010-1071-545...

MEDIA

BIG MEDIA GETTING BIGGER
Apparently the old adage "eat or be eaten" applies to Internet journalism,
too. At the fifth annual Online News Association meeting, the buzz was "Big
Media gets bigger." CBS MarketWatch was purchased by Dow Jones, a direct
competitor that has lagged, not led, the revolution to publish free news on
the Internet -- despite the potential to break news during market hours.
Now the most direct Internet competitors of the Dow Jones-MarketWatch
alliance include Street.com (a smaller Web-only outlet), Forbes, Fortune
and Business Week (all magazines) and Yahoo Finance (an aggregation site).
Sources at the conference said The Washington Post is close to acquiring
Slate, another Web pioneer of original Web content. Slate, which is owned
by Microsoft, focuses on political reporting, much like the Post does.
[SOURCE: C-Net|News.com, AUTHOR: Jeff Pelline]
http://news.com.com/Big+media+getting+bigger/2100-1024_3-5452023.html?ta...

MEREDITH CREATES DUOPOLY-LITE
It is great to how creative corporations can be to serve their commercial
interests. Although duopolies are not allowed under FCC rules in Kansas
City, Meredith Broadcasting has purchased from Sinclair the "nonlicense
assets" of WB affiliate KSMO for $26.8 million. The company already owns
the CBS affiliate there. Those assets comprise the building, tower and
staffers, however, B&C reports, that is more like a hefty upfront payment
than the actual value of those assets. Meredith will seek a failed-station
wavier from the FCC, which can allow otherwise impermissible duopolies if
it is to save a distressed station. It will pay $6.7 million for the
license -- probably far less than it is worth -- if FCC rules ultimately
permit it to own a duopoly in KC.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA480187.html?display=Breaking+...'&referral=SUPP
(free access for Benton's Headlines subscribers)
See also:
TVWeek
http://www.tvweek.com/news.cms?newsId=6717

WEB PUBLISHERS MOVE TOWARD STANDARDIZING AD-VIEWERSHIP DATA
The Internet is one of the few places where advertisers have relied on
publishers to tell them how widely ads are distributed, without third-party
confirmation making advertisers have been cautious about spending on the
medium. But now Web sites are agreeing to standardize the reporting of
ad-viewership numbers, also known as impressions, and for the first time
agreeing to have the numbers audited. Unlike other media, Internet
publishers don't have to rely on sampling. They can examine their Web logs
and see exactly how many times an ad was served to readers. Using the new
standards, they will use consistent methods for counting those readers
[SOURCE: Wall Street Journal, AUTHOR: Carl Bialik carl.bialik( at )wsj.com ]
http://online.wsj.com/article/0,,SB110048058975973783,00.html?mod=todays...
(requires subscription)
See also:
Ad Network Monitors Web Habits
Tacoda, an online marketing company, will announce today the creation of a
network of 60 Web sites that allow its members to display ads based on how
people surf through the network. Tacoda's service, called AudienceMatch,
will not know who those surfers are, just where they visit.
[SOURCE: New York Times, AUTHOR: Bob Tedeschi]
http://www.nytimes.com/2004/11/15/technology/15ecom.html
(requires registration)
--------------------------------------------------------------
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.
--------------------------------------------------------------

Benton's Communications-related Headlines for 11/12/04

Next week's events include CPB Board of Directors meeting, a hearing on=20
Universal Service, a conference on Voting Issues and Campaign Fiance=20
Reform, and a meeting of the FCC's Consumer Advisory Committee. For these=20
and other upcoming media policy events, see=
http://www.benton.org/calendar.htm

INDECENCY
'Saving Private Ryan': A New Casualty of the Indecency War
FCC Petition Would Muzzle Satellite Stern

MEDIA
How Dan Rather And Media's Kings Lost Their Crowns
The World According To Karmazin
Iraq Tells Media to Toe the Line

BROADBAND/TELECOM
Report: Powell OK with DSL/Phone Bundle
Martin: Cable Model Worth Emulating
Cable Lobby Tells Supreme Court: Forget About
the Broadband Needs of Cities
Proposed FCC Rules Would Cost Businesses $130 Billion
Iowa Communities Team to Install Own High-Speed Lines
After Long Peace, Wireless Operator Stirs Up Industry

QUICKLY
Digital Services Fund for Public Television
Coordination of Spectrum Policy
Tech-Savvy Schools Reclaim Millions
U.S. to Appeal WTO Decision On Web Gambling
Industry and Public Interest Groups Oppose Wiretap Design
Mandates for the Internet
Privacy Threats from a Banana Republic
Latest Conspiracy Theory -- Kerry Won -- Hits the Ether

INDECENCY

'SAVING PRIVATE RYAN': A NEW CASUALTY OF THE INDECENCY WAR
ABC stations owned by Cox Television, Citadel Communications, Belo Corp.,=20
Hearst-Argyle and Scripps Howard Broadcasting and others declined to air=20
the "Saving Private Ryan" saying they fear the FCC could fine them for=20
airing the film's scenes of extreme violence and intense adult language.=20
Among those preempting the World War II movie are stations in Dallas (the=20
country's seventh largest television market), Atlanta (No. 9), Tampa (No.=20
13), Phoenix (No. 15) and Orlando (No. 20). Ironically, most of them=20
already aired "Saving Private Ryan" when ABC ran it, unedited, to=20
commemorate Veterans Day in 2001 and 2002. According to Cox's Atlanta=20
station general manager, Greg Stone, the company asked ABC for permission=20
to edit the film or air it outside prime time but was turned down.=20
According to news reports, ABC's broadcast rights preclude any editing.
[SOURCE: Washington Post 11/11, AUTHOR: Lisa de Moraes]
http://www.washingtonpost.com/wp-dyn/articles/A41464-2004Nov10.html
(requires registration)
The decision by station owners not to air the Oscar-winning film is raising=
=20
the issue of the "chilling effect" of recent FCC indecency enforcement.=20
There's a good deal of coverage/reaction to the issue. See these links:
* Pre-Empting Private Ryan
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton & Allison Romano ]
http://www.broadcastingcable.com/article/CA479649?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
* McCain Defends Private Ryan
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA479747?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
* ABC Denies Permission to Redeploy Ryan
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA479931.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
* Some Stations Shelved =91Private Ryan' Amid FCC Fears
[SOURCE: USAToday, AUTHOR:Ann Oldenburg]
http://www.usatoday.com/printedition/news/20041112/1a_bottomstrip12.art.htm

FCC PETITION WOULD MUZZLE SATELLITE STERN
Howard Stern can run to satellite radio, but can he hide there from=20
indecency enforcement? California's Mount Wilson Broadcasters, owner of one=
=20
FM and two AMs, has filed a petition for rulemaking with the FCC arguing=20
that since indecency regulation applies to expression "by means of radio=20
communications," and satellite radio is radio communications, it should be=
=20
subject to the same content restrictions. The Supreme Court has already=20
ruled in the Playboy case that cable television, and arguably subscription=
=20
services in general, are not subject to indecency regulations, though=20
legislators and regulators, including FCC Chairman Michael Powell, have=20
suggested it may be time to rethink that distinction given the fact that=20
most people get their TV via cable.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA479745?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)
At the end of June, Infinity and Howard Stern filed a $10 million=20
breach-of-contract suit against Clear Channel for dropping Mr. Stern's=20
radio show earlier in the year. In July, Clear Channel countersued for $3=20
million, alleging Mr. Stern broke his contract with the company by not=20
conforming to federal decency standards. Now that he's announced he will=20
jump to satellite radio, Infinity has withdrawn its financial support from=
=20
Mr. Stern's legal fight against Clear Channel, prompting Stern to seek an=20
early exit from his current contract. Stern brings in some $80 million=20
annually in advertising revenue and $50 million annually in cash flow to=20
Infinity.
http://online.wsj.com/article/0,,SB110022565839272316,00.html?mod=3Dtoda...
s_marketplace

MEDIA

HOW DAN RATHER AND MEDIA'S KINGS LOST THEIR CROWNS
[Commentary] The biggest losers in the 2004 election just might be Big=20
Media. The public is beginning to contest the decades-old authority of the=
=20
mainstream media. It is too bad this abdication has occurred just as=20
political opinions have become overheated by the kind of electronic=20
technology deployed in the 2004 election. We really could use some neutral=
=20
ground, a space one could enter without having to suspect that "what we=20
know" about X or Y was being manipulated. The problem with being spun day=20
after day by newspapers or newscasts is that it gets tiresome, no matter=20
your politics. You end up having to Google every subject in the news=20
(Guantanamo, gay marriage statutes, Tora Bora, the Patriot Act) to find out=
=20
what's been left out or buried at the bottom. The real winners here are the=
=20
politicians. Pig heaven for them. If much of the public (a margin large=20
enough to decide elections) believes it no longer has access to a settled=20
information baseline, an agreed-upon set of facts, then it's so much easier=
=20
for the pols, using this new arsenal of high-tech info firepower, to=20
manipulate a doubtful public and push it around with propaganda (they can=20
demographically target ads to the TV screens in health clubs). Henninger=20
offers this low-tech solution: Why don't we finally institute an American=20
version of the parliamentary question period common around the U.K.? If the=
=20
likes of Messrs. Rumsfeld, Ashcroft, Powell, Snow, Cheney and Bush had to=20
appear before the House in this tightly regulated question-and-answer=20
format, broadcast on C-Span, surely the public over time would acquire a=20
clearer sense of which ideas are competing for their support and vote.=20
Let's get to them, before they get to us.
[SOURCE: Wall Street Journal, AUTHOR: Dan Henninger henninger( at )wsj.com]
http://online.wsj.com/article/0,,SB110022312344272245,00.html?mod=3Dtoda...
s_opinion
(requires subscription)

THE WORLD ACCORDING TO KARMAZIN
Speaking at the National Association of Broadcasters European Radio Show,=20
former Viacom chief Mel Karmazin said the US radio industry needs more=20
ownership concentration, but there's no political support from either=20
Democrats or Republicans. Further radio consolidation would continue to=20
make radio attractive to investors, he said. "If radio is not going to be=20
today a big growing part of the companies that own it, then you will=20
probably see a cycle of companies selling. What excitement can there be in=
=20
owning 84 stations when there is no limit to the number of cable networks=20
you can own," Karmazin said. He suggested that in big urban markets such as=
=20
New York, which he said had some 100 radio stations, five groups should be=
=20
allowed to own up to one fifth of the total number of stations, or 20%. Any=
=20
concern that one of these groups would end up controlling too big a share=20
of the advertising market would be dealt with by the Justice Department, he=
=20
argued.
[SOURCE: Billboard Radio Monitor, AUTHOR: Emmanuel Legrand]
http://www.billboardradiomonitor.com/radiomonitor/news/business/top_news...
icle_display.jsp?vnu_content_id=3D1000717248

IRAQ TELLS MEDIA TO TOE THE LINE
Iraq's Media High Commission released a statement saying all media=20
organizations operating in Iraq should "differentiate between the innocent=
=20
Fallouja residents who are not targeted by military operations and=20
terrorist groups that infiltrated the city and held its people hostage=20
under the pretext of resistance and jihad." It said news organizations=20
should "guide correspondents in Fallouja =85 not to promote unrealistic=20
positions or project nationalist tags on terrorist gangs of criminals and=20
killers." It also asked media to "set aside space in your news coverage to=
=20
make the position of the Iraqi government, which expresses the aspirations=
=20
of most Iraqis, clear. We hope you comply =85 otherwise we regret we will be=
=20
forced to take all the legal measures to guarantee higher national=20
interests," the statement said. The commission, set up by the former U.S.=20
governor of Iraq, was intended to be independent of the government and to=20
encourage investment in the media and deter state meddling after decades of=
=20
strict control under President Saddam Hussein.
[SOURCE: Los Angeles Times, AUTHOR: Reuters]
http://www.latimes.com/news/printedition/asection/la-fg-media12nov12,1,1...
92.story?coll=3Dla-news-a_section
(requires registration)

BROADBAND/TELECOM

REPORT: POWELL OK WITH DSL/PHONE BUNDLE
FCC Chairman Michael Powell reportedly supports voiding state rules that=20
would require the Baby Bell phone companies to unbundle local-phone and=20
digital-subscriber-line service, according to a Legg Mason Wood Walker=20
report released Wednesday. Verizon Communications and BellSouth won't sell=
=20
DSL service to a consumer unless the consumer also buys local phone=20
service. They also require local-phone customers who want to drop that=20
service to terminate DSL service at the same time. Time Warner, Comcast and=
=20
Bright House Networks have complained to federal and state regulators that=
=20
consumers won't switch to a new phone provider if the consumer has to drop=
=20
both DSL and local-phone service. While some state regulators have called=20
the bundling of DSL and local-phone service an illegal tying arrangement,=20
cable companies have pursued a different regulatory angle, perhaps because=
=20
they don't want to be viewed as favoring the a la carte sale of DSL at the=
=20
same time that they are opposing the a la carte sale of cable networks in=20
Congress and at the FCC. Instead, Comcast and Time Warner told the FCC the=
=20
bundling practice violates federal number-portability rules when the phone=
=20
company refuses to transfer a customer=92s number to a new carrier if the=20
customer won't drop DSL at the same time.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA479579.html?display=3DBreaking+News
(requires subscription)
For more on telecom bundles (from a consumer perspective), see
http://news.com.com/DSL+wars+come+down+to+a+battle+of+the+bundles/2100-1...
3-5445712.html?tag=3Dnefd.lede

MARTIN: CABLE MODEL WORTH EMULATING
Deregulation of expanded-basic-cable rates, combined with allowing cable=20
systems to invest in advanced services free from regulatory constraints, is=
=20
a regulatory model that has served the needs of government, cable operators=
=20
and consumers, FCC Commissioner Kevin Martin said Thursday. =93I think we=20
learn some important lessons from the cable experience,=94 he said. =93While=
we=20
can allow states and local authorities to retain their traditional role as=
=20
regulators of some basic services, at the same time, we need to make sure=20
that new technologies and advanced services are substantially free of state=
=20
and local regulation.=94 Martin noted that the 1992 Cable Act imposed=20
comprehensive pricing and behavioral controls on the cable industry. But=20
sensing that satellite services were ramping up and that cable intended to=
=20
upgrade systems to meet that competition and plunge into the voice and data=
=20
markets, Congress decided to strip away cable regulations.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA479870.html?display=3DBreaking+News
(requires subscription)

CABLE LOBBY TELLS SUPREME COURT: FORGET ABOUT THE BROADBAND NEEDS OF CITIES
[Commentary] The battle over the future of cable broadband is now before=20
the U.S. Supreme Court. The high court will soon decide whether to review=
=20
a key case involving U.S. broadband policy (known as the Brand X=20
decision). Recent filings to the court by municipal governmental groups=20
and the cable lobby reveal important issues at stake for communities in the=
=20
U.S. As the Congress begins the lobbying free-for-all in its reworking of=20
the 1996 Telecommunications Act, the issue of how broadband serves the=20
public interest should be at the core of the debate.
[SOURCE: Center for Digital Democracy]
http://www.democraticmedia.org/news/washingtonwatch/BrandXCities.html

PROPOSED FCC RULES WOULD COST BUSINESSES $130 BILLION
Rules pending at the FCC to eliminate cost-based access to the=20
high-capacity loops that serve business customers would cost American=20
businesses about $130 billion over the next 10 years and deprive the=20
economy of more than 426,000 new jobs, according to a new study released=20
Wednesday by CompTel/ASCENT. In its August 2003 Triennial Review Order, the=
=20
FCC aimed to boost competition by allowing competitive providers to lease=20
DS-1 and DS-3 loops as Unbundled Network Elements (UNEs) at cost-based=20
rates. Previously, these providers had been forced to pay excessively high=
=20
"special access" rates to the incumbent Bell companies to access=20
high-capacity loops. The Bells earn rates of return of well over 40 percent=
=20
on special access rates. Eliminating UNE access - as now proposed - would=20
force competitive providers and their business customers to rely=20
exclusively on special access rates and cost business customers $130=20
billion in higher prices and reduced services over the next 10 years (see=20
table below). Businesses would directly pay about $105 billion in higher=20
rates and would be forced to forego another $25 billion worth of additional=
=20
services because of the increased costs. The extra costs incurred by=20
businesses and loss of competitive options translate into fewer jobs. The=20
Commerce Department's Bureau of Economic Analysis estimates that every=20
additional $1 million in telecom activity creates 17.5 new jobs. Based on=20
that calculation, a loss of $130 billion in telecom activity translates=20
into 426,000 jobs that could be created over 10 years by reducing the=20
economic drag of higher phone bills.
The study is available at the 2nd URL below.
[SOURCE: CompTel/ASCENT Press Release]
http://www.comptelascent.org/news/recent-news/111004.html
http://www.comptelascent.org/public-policy/federal-regulatory/documents/...
/hicap_study_nov10_2004.pdf

IOWA COMMUNITIES TEAM TO INSTALL OWN HIGH-SPEED LINES
More than 80 communities across Iowa have banded to create Opportunity=20
Iowa. The goal: to wire the state for advanced voice, data and video=20
services. The communities represent about 25% of the state's homes and=20
businesses, and more are expected to join later. Under the plan,=20
communities would install -- on their own dime -- high-speed fiber lines.=20
Then they would invite outside vendors such as AT&T to use the lines. The=20
lines could be used to provide voice, data and video services to homes and=
=20
businesses. Vendors would pay towns =93access=94 fees to use their fiber=
lines,=20
just as the local Bells charge AT&T and MCI fees for handling their=20
long-distance calls.
[SOURCE: USAToday, AUTHOR:Leslie Cauley]
http://www.usatoday.com/printedition/money/20041112/4b_mcleod12.art.htm

AFTER LONG PEACE, WIRELESS OPERATOR STIRS UP INDUSTRY
For years, service operators and phone manufacturers coexisted peacefully,=
=20
bonded by a mutual dependency. Companies such as Vodafone didn't want to=20
miss out on hot new phones and phone makers relied on service providers'=20
huge orders. But as the cellphone market slowed, their goals diverged. Now=
=20
Vodafone wants to control the look and feel of a cellphone rather than=20
leave those choices to phone makers. Its profit growth is likely to come=20
from selling add-on services and the most effective way to market them is=20
to embed Vodafone's software inside customers' phones. At stake is control=
=20
of an everyday device owned by more than a billion people. The winner will=
=20
be in a position to shape the future of the cellphone business and cream=20
off the profits that come from being a premium brand. The losers, by=20
contrast, could be stuck with a low-margin commodity business, one that's=20
subservient to its former partner. That was the fate of the U.S.'s=20
personal-computer makers that allowed Microsoft to elevate its own brand=20
over theirs and dominate the discussion about how PCs should operate.
[SOURCE: Wall Street Journal, AUTHOR: David Pringle at=
david.pringle( at )wsj.com]
http://online.wsj.com/article/0,,SB110021593345772017,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

QUICKLY

DIGITAL SERVICES FUND FOR PUBLIC TELEVISION
On Wednesday, the Corporation for Public Broadcasting announced the=20
creation of the $4.7 million Digital Services Fund, which will assist local=
=20
public television stations in creating the first generation prototypes of=20
digital content and services. Among other features, digital technology=20
allows public broadcasters to enhance video and audio quality, to offer=20
multicasting and other programming options, and to create a new array of=20
services to benefit the public. The Digital Services Fund will provide=20
grants for demonstration projects and prototypes, which could range from=20
regional public affairs multicasts to instructional and teacher development=
=20
channels and the delivery of community emergency preparedness content. CPB=
=20
anticipates awarding grants of up to $500,000 on a competitive basis. The=20
Fund will accept proposals through December 3, 2004.
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=3D384

COORDINATION OF SPECTRUM POLICY
FCC Chairman Michael Powell and Assistant Secretary of Commerce for=20
Communications and Information Michael Gallagher met on Wednesday to plan=20
and coordinate the efforts of the FCC and the National Telecommunications=20
and Information Administration (NTIA) on spectrum policy issues. The=20
meeting included senior spectrum policy teams from both organizations. Its=
=20
purpose was to continue the coordinated efforts of the two agencies on=20
spectrum policy. The Communications Act assigns joint jurisdiction for=20
spectrum management to the FCC and the NTIA at the Department of=20
Commerce. The FCC is responsible for non-Federal spectrum uses, e.g.,=20
broadcast, commercial, public safety, and state and local government users,=
=20
and NTIA is responsible for Federal spectrum uses.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254177A1.doc

TECH-SAVVY SCHOOLS RECLAIM MILLIONS
San Diego is one of dozens of school systems nationwide reportedly=20
benefiting from the use of new technology designed to track, monitor,=20
record, and report the delivery of special-education services.
[SOURCE: eSchool News, AUTHOR: Corey Murray]
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=3D5378

US TO APPEAL WTO DECISION ON WEB GAMBLING
The Bush Administration announced Wednesday that it will appeal a World=20
Trade Organization ruling that the U.S. has no right to ban cross-border=20
gambling on the Internet. A senior U.S. trade official said the=20
administration "fundamentally rejects" an assertion within the WTO ruling=20
that countries don't have an explicit right to limit services affecting=20
public morals. U.S. trade officials were particularly alarmed over parts of=
=20
the WTO ruling that asserted that member states had to consult with other=20
countries before modifying laws that affect public morals.
[SOURCE: Wall Street Journal 11/11, AUTHOR: Neil King Jr. neil.king( at )wsj.com]
http://online.wsj.com/article/0,,SB110010540698470176,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

INDUSTRY ND PUBLIC INTEREST GROUPS OPPOSE WIRETAP DESIGN MANDATES FOR THE=20
INTERNET
On November 8, CDT filed detailed comments on behalf of a diverse group of=
=20
companies, trade associations and public interest groups from across the=20
political spectrum opposing the plan of the FCC to extend controversial=20
wiretap design mandates to the Internet. CDT and others argued that=20
broadband access and "Voice over IP" (VoIP) services are not covered by the=
=20
Communications Assistance for Law Enforcement Act of 1994 (CALEA).
[SOURCE: Center for Democracy and Technology]
http://www.cdt.org/publications/vpp/posts.php?hid=3D7
http://www.cdt.org/publications/pp_10.20.shtml
http://www.cdt.org/digi_tele/20041108indpubint.pdf
http://www.cdt.org/digi_tele/voip.shtml

PRIVACY THREATS FROM A BANANA REPUBLIC
[Commentary] A look at the link between offshore outsourcing, the Patriot=20
Act and privacy concerns.
[SOURCE: Cato Institute, AUTHOR: Jim Harper]
http://www.cato.org/tech/tk/041111-tk.html

LATEST CONSPIRACY THEORY -- KERRY WON -- HITS THE ETHER
A closer look at reports circulating around the Internet suggesting John=20
Kerry might have won the election -- and why top Democrats are not=20
believing these theories.
[SOURCE: Washington Post 11/11, AUTHOR: Manuel Roig-Franzia and Dan Keating]
http://www.washingtonpost.com/wp-dyn/articles/A41106-2004Nov10.html
(requires registration)
Vote Fraud Theories, Spread by Blogs, Are Quickly Buried
[SOURCE: New York Times, AUTHOR: Tom Zeller]
http://www.nytimes.com/2004/11/12/politics/12theory.html?hp&ex=3D1100322...
en=3Dbef1453564cd6e4e&ei=3D5094&partner=3Dhomepage
(requires registration)
--------------------------------------------------------------
Have a great weekend. See you Monday.
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

Benton's Communications-related Headlines for 11/10/04

*** We're off tomorrow to celebrate Veteran's Day. Hope you are doing the=20
same. See you Friday. ***

TODAY'S QUESTION: If Jonathan Adelstein were a baseball card, would he be a=
=20
Mickey Mantle rookie card? (see story below)

VONAGE/VOIP NOT SUBJECT TO STATE REGULATION, FCC RULES
Vonage Not Subject to State Regulations Governing Telephone Companies
FCC Further Deregulates Net Calls
Telecom Turnaround

MORE FROM FCC
Adelstein=92s Renomination Could Move With Judges
NAB to Fight 'Local' Sat Radio
CE Seeking Changes in DTV Tuner Phase-in on 25"-36" Sets
Monitoring Nationwide Broadband Rollout
Public Safety Access to the Latest Broadband Technology

E-RATE
eRate Flows Again -- '04 Apps Still Pending
2005 Application Window to Open Dec. 14

MEDIA
Pubcasters Hope to Retain =91Strong=92 Bipartisan Support in Senate
From Florida to Fallujah: What the News Coverage Covers Up

QUICKLY
2004 ITU World Telecommunications Standardization Assembly
New Study Release: Untold Stories
Patrick Ross to Progress & Freedom
Iranian Internet Journalists Face Trial Next Week
Net Access Could Knock Down Barriers to Freedom in Iraq

MORE VONAGE COVERAGE/REACTION

VONAGE/VOIP NOT SUBJECT TO STATE REGULATION, FCC RULES

VONAGE NOT SUBJECT TO STATE REGULATIONS GOVERNING TELEPHONE COMPANIES
The FCC declared that a type of Internet telephony service offered by=20
Vonage called DigitalVoice is not subject to traditional state public=20
utility regulation. DigitalVoice customers can use their phones from a=20
broadband connection anywhere in the world, making it difficult to=20
determine whether a call is local, interstate or international in nature=20
and, the FCC ruled, precluding dual state and federal regulatory regimes.=20
The Commission also stated that other types of IP-enabled services, such as=
=20
those offered by cable companies, that have basic characteristics similar=20
to DigitalVoice would also not be subject to traditional state public=20
utility regulation. The decision makes clear that the FCC, not the state=20
commissions, has the responsibility and obligation to decide whether=20
certain regulations apply to IP-enabled services. The Commission has the=20
power to preempt state regulations that thwart or impede federal authority=
=20
over interstate communications. The Commission also found that regulations=
=20
that would have been imposed by the Minnesota Commission were inconsistent=
=20
with the FCC's deregulatory policies, and that preemption was consistent=20
with federal law and policies intended to promote the continued development=
=20
of the Internet, broadband and interactive services.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254112A1.doc

FCC FURTHER DEREGULATES NET CALLS
The FCC ruled that states are now barred from imposing telecommunications=20
regulations on Internet phone service providers, which treat calls no=20
differently than any other application on the Internet. A representative=20
for the National Association of Regulatory Utility Commissioners said the=20
states are focusing now on a court hearing in mid-November in which=20
Minnesota utility regulators will argue they have a right to oversee Vonage=
=20
and other Net phone service providers. The state is seeking to overturn a=20
ruling that states cannot subject VoIP providers to their rules. FCC=20
Chairman Powell and two of the four FCC commissioners suggested Tuesday=20
that states still have a role to play -- to protect consumer interests. But=
=20
that may not mollify state utility regulators, who have joined the "growing=
=20
chorus of people" criticizing the FCC for taking a piecemeal approach to=20
VoIP regulation.
CommDaily reports that FCC Wireline Bureau Chief Jeffrey Carlisle told=20
reporters the Commission acted now on the jurisdiction issue, rather than=20
waiting for action on
the broader IP-Enabled Services proceeding, because the upcoming court=
hearing.
By acting now, the FCC adds its expertise to the court=92s deliberation,=20
Chief Carlisle said.
[SOURCE: C-Net|News.com, AUTHOR:Ben Charny]
http://news.com.com/FCC+further+deregulates+Net+calls/2100-7352_3-544488...
ml?tag=3Dnefd.top
FCC Finds Vonage Not Subject to State PUC Regulation
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)

TELECOM TURNAROUND
[Commentary] Yesterday's ruling is the first time the FCC has exempted an=20
Internet voice service from state regulation. If there ever was a candidate=
=20
for national regulation under the Constitution's Commerce clause, this is=20
it. Our telecom network spans the country and is operated by national=20
companies, yet it is still regulated by 50 mini-dictators known as state=20
utility commissions. Charged with protecting the "public interest," these=20
busybodies have a license to micromanage every firm that's ever conjured up=
=20
a dial tone. The resulting web of regulation has retarded innovation and=20
growth. The ruling allows the FCC to sit back and watch the technology=20
grow. More good news, the editorial ends, is that Democratic Commissioner=20
Jonathan Adelstein -- a former Tom Daschle aide -- will soon be making=20
farewells, assuming the White House doesn't renominate him. Mr. Adelstein=20
has been a persistent obstacle to competition in telecom, and to the kind=20
of lower-cost, better-service telephone future that yesterday's FCC vote=20
heralds.
[SOURCE: Wall Street Journal, AUTHOR: WSJ Editorial Staff]
http://online.wsj.com/article/0,,SB110005280187269776,00.html?mod=3Dtoda...
s_opinion
(requires subscription)

*** This decision has generated a bit of controversy and a good deal of=20
reaction. For more coverage of the story and reaction from many, many=20
organizations, see sections at the end of this email. ***

MORE FROM FCC

ADELSTEIN'S RENOMINATION COULD MOVE WITH JUDGES
Don't pack those bags so quickly, FCC Commissioner Adelstein. Because=20
judicial nominations can take so long to move through Congress, President=20
Bush may be interested in nominating you for another term, if Senate=20
Democrats will confirm a number (80-100) judges that have been held up by=20
the body. As one House Republican staffer said, =93I'll take Jonathan=20
Adelstein for 80 judges any day of the week.=94 Many Senators -- from both=
=20
sides of the aisle -- have expressed their support for Commissioner=20
Adelstein. Congress will resume Nov. 16 for a session designed to finish=20
nearly 10 appropriations bills, an intelligence reform bill, and several=20
other lingering issues.
In a separate story, it was reported widely yesterday that Chairman Michael=
=20
Powell intends to stay on at the FCC for now. There has been speculation=20
that he would leave shortly after the election.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

NAB TO FIGHT 'LOCAL' SAT RADIO
The National Association of Broadcasters Tuesday vowed to continue fighting=
=20
locally targeted traffic and weather reports by satellite radio despite=20
withdrawing its petition asking the FCC to prohibit them. The FCC several=20
weeks ago was moving toward rejecting NAB's request but the NAB's pending=20
withdrawal of the petition apparently prompted the commission to hold off=20
on a ruling. For now, the satellite radio industry is gloating and contends=
=20
NAB withdrew its petition to "save face" rather than suffer a public=20
defeat. "This a complete vindication of our position that XM has complied=20
and continues to comply with FCC rules," the company said in a statement.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA479302.html?display=3DBreakin...
ws&referral=3DSUPP
(free access for Benton's Headlines subscribers)
See the NAB's request to dismiss the petition at
http://www.nab.org/newsroom/pressrel/filings/SDARSMotiontoDismiss11804.pdf

CE SEEKING CHANGES IN DTV TUNER PHASE-IN ON 25"-36" SETS
The Consumer Electronics industry petitioned the FCC to move up the=20
deadline by which all TV sets with 25"-36" screen sizes must have ATSC=20
tuners. The Consumer Electronics Association (CEA) and the Consumer=20
Electronics Retailers Coalition (CERC), in a joint petition, asked that the=
=20
July 2006 date by which all such receivers must have DTV tuners be moved up=
=20
to March 2006 and that the July 2005 date by which 1/2 the sets must be=20
ATSC-capable be eliminated. They cited unforeseen and =93unduly disruptive=
=94=20
consequences of the Commission=92s phase-in schedule.
[SOURCE: Communications Daily, AUTHOR: Paul Gluckman]
(Not available online)
See Press Release at
http://www.ce.org/press_room/press_release_detail.asp?id=3D10599

MONITORING NATIONWIDE BROADBAND ROLLOUT
The FCC voted to collect additional information about the nationwide=20
availability of broadband and local telephone competition in order to=20
better monitor the status of these critical services. Broadband providers=20
will be required to provide more detailed information on the speed and=20
nature of their service. Broadband-over-power line will be a
separate category in order to track deployment more closely. To better=20
assess broadband availability, incumbent telephone and cable companies will=
=20
be asked to report the extent to which their DSL and cable modem service is=
=20
available where they provide phone or cable television service. The=20
Commission will require local telephone companies, known as local exchange=
=20
carriers or LECs, to report how many of their local service customers also=
=20
subscribe to the LEC=92s long distance service. The data will help the=20
Commission understand how bundling affects local telephone service=20
competition. To better track the dynamics of rural and underserved markets,=
=20
the Commission will require all facilities-based carriers to report,=20
regardless of their size.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254115A1.doc

PUBLIC SAFETY ACCESS TO THE LATEST BROADBAND TECHNOLOGY
The Commission revised technical specifications in the 4.9 GHz band to=20
allow manufacturers to adapt, for that band, technologies that are being=20
used in adjacent spectrum bands, such as the 5.4 GHz Unlicensed National=20
Information Infrastructure (U-NII) unlicensed band and the Intelligent=20
Transportation System (ITS) band. The Commission envisioned that, by=20
leveraging technology already developed for adjacent bands, public safety=20
licensees could use a single, low-cost device to access the 4.9 GHz band,=20
the U-NII band, and the ITS band, allowing them to enjoy savings that are=20
typically limited to the high-volume commercial market. The Commission's=20
action is intended to provide emergency responders with easier access to=20
the latest broadband technology in support of public safety and homeland=20
security missions, such as wireless local area networks for incident scene=
=20
management, emergency dispatch operations, and emergency vehicular=
operations.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254117A1.doc

E-RATE

ERATE FLOWS AGAIN -- '04 APPS STILL PENDING
The Universal Service Administrative Co. (USAC) has announced that it will=
=20
begin mailing funding commitments again and expects at least one wave of=20
funding commitments per month moving forward. This slow trickle of eRate=20
funds has prompted a broad coalition of education groups, known as the=20
Education and Libraries Networks Coalition (EdLiNC), to lobby members of=20
Congress to draft a bill that would exempt the eRate and Rural Health Care=
=20
programs from the Anti-Deficiency Act. With this simple waiver, the eRate=20
could go back to issuing funding commitment letters the way it always had,=
=20
regardless of how much money is in the bank. Apparently, FCC Chairman=20
Michael Powell supports such an exemption. The Wall Street Journal reported=
=20
that the FCC has not applied the law to the High Cost, Low Income program=20
because doing so could have a devastating effect on the entire Universal=20
Service program. It would mean phone companies would have to contribute 25=
=20
percent of their long-distance revenue in addition to their current=20
payments, the Journal reported. "That's the nightmare scenario," Frank=20
Gumper, chairman of USAC's board of directors, told the Journal. "By then,=
=20
these programs would be on the verge of collapsing."
[SOURCE: eSchool News, AUTHOR: Cara Branigan]
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=3D5376

2005 APPLICATION WINDOW TO OPEN DEC 14
Though the status of eRate applications from 2003 should be resolved=20
shortly, most 2004 applicants will still be wondering how much eRate=20
funding they are to receive before it's time for them to apply again for=20
2005 funding. The Schools and Libraries Division of USAC announced on Nov.=
=20
5 that applicants will have 66 days in which to file applications the 2005=
=20
funding year. The application window, which is scheduled to open more than=
=20
a month later than previous years and is shorter than the typical 75 days,=
=20
will open Dec.14 and close Feb. 17.
[SOURCE: eSchool News, AUTHOR: Cara Branigan]
http://www.eschoolnews.com/news/showStory.cfm?ArticleID=3D5377
See the USAC announcement at
http://www.sl.universalservice.org/whatsnew/2004/112004.asp#110504

MEDIA

PUBCASTERS HOPE TO RETAIN 'STRONG' BIPARTISAN SUPPORT IN SENATE
Public broadcasters believe they will still have strong, bi-partisan=20
support in the Senate, but are worried they could be hit because of an=20
upcoming budget crisis. Association of Public TV Stations (APTS) President=
=20
John Lawson said, "the problem is they are not going to have a whole lot of=
=20
money to spend.=94 The broadcasters are preparing grassroots efforts to=20
protect funding for public broadcasting. Next year, public broadcasting=20
will still have to fight against an administration bent against forward=20
funding of the Corporation for Public Broadcasting, but APTS is hopeful of=
=20
passage of a CPB reauthorization bill that gained unanimous support in the=
=20
Senate Commerce Committee this year. APTS is still working with Congress on=
=20
an idea to create a trust fund for public broadcasting in return for a=20
voluntary quick end to analog broadcasting by public TV stations.
[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]
(Not available online)

FROM FLORIDA TO FALLUJAH: WHAT THE NEWS COVERAGE COVERS UP
[Commentary] Media coverage lurches from event to event, and from spectacle=
=20
to spectacle as a substance deficit disorder hyperactively drives the news=
=20
agenda. No sooner are we focused on one major story, than another intrudes=
=20
to change the subject and insure that there is no time for follow-up, much=
=20
less thoughtful processing. In some cases, this is the natural disorder of=
=20
news, but in many others, there are hidden hands shifting the agenda in a=20
conscious effort not simply to influence what we think, but control what we=
=20
think about. Schecter uses the example of the current campaign in Fallujah=
=20
to highlight attempts to shape news narrative.
[SOURCE: Mediachannel.org, AUTHOR: Danny Schechter]
http://www.mediachannel.org/views/dissector/affalert288.shtml

QUICKLY

2004 ITU WORLD TELECOMMUNICATIONS STANDARDIZATION ASSEMBLY
International Bureau reported to the Commission on the 2004 International=20
Telecommunication Union (ITU) World Telecommunication Standardization=20
Assembly (WTSA) and the next steps for the Commission resulting from the=20
conference. The conference, among other things, adopted the work plan for=20
the ITU Telecommunication Standardization Sector over the next four years=20
which focuses on communications, network security, and maintaining=20
interoperability between current and next-generation networks. In=20
addition, the WTSA addressed communications issues challenging countries=20
around the world, including the transition from traditional communications=
=20
networks to new technologies.
[SOURCE: Federal Communications Commission]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254099A1.doc

UNTOLD STORIES: CREATIVE CONSEQUENCES OF THE RIGHTS CLEARANCE CULTURE FOR=20
DOC FILMMAKERS
This study explores the implications of the rights clearance process on=20
documentary filmmaking, and makes recommendations to lower costs, reduce=20
frustration, and promote creativity. It focuses on the creative experience=
=20
of independent, professional documentary filmmakers.
[SOURCE: Center for Social Media, AUTHOR: Pat Aufderheide and Peter Jaszi]
http://www.centerforsocialmedia.org/rock/finalreport.htm

PATRICK ROSS TO PROGRESS & FREEDOM
Patrick Ross has been named vice president for communications and external=
=20
affairs at The Progress & Freedom Foundation. Ross most recently managed=20
Washington Internet Daily and reported for its sister publication,=20
Communications Daily. He was also the first Washington Bureau Chief for=20
CNet|News.com.
The Progress & Freedom Foundation is a market-oriented think tank that=20
studies the digital revolution and its implications for public policy.
http://www.pff.org/news/news/2004/110904rossrelease.html

IRANIAN INTERNET JOURNALISTS FACE TRIAL NEXT WEEK
In Iran, the Internet has become a refuge for reformist journalists who=20
lost their jobs when the country's judiciary closed more than 100=20
pro-reform publications in the past four years. But at least nine=20
journalists writing on online journals known as weblogs and news-based=20
Internet sites have been detained by the judiciary since September and they=
=20
will face trial beginning next week accused of spreading propaganda against=
=20
the Islamic state. International human rights groups criticized the lack of=
=20
freedom of expression in Iran which they say has more journalists in jail=20
than any other country in the Middle East.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D6...
37

NET ACCESS COULD KNOCK DOWN BARRIERS TO FREEDOM IN IRAQ
There could be no more effective way to promote democracy and free markets=
=20
in Iraq than to significantly boost the number of Iraqis using the=20
Internet. Can we send Steve Case there?
[SOURCE: USAToday, AUTHOR:]
http://www.usatoday.com/printedition/money/20041110/maney10.art.htm

ADDITIONAL COVERAGE OF VONAGE DECISION

FCC Includes Cable in Vonage Ruling
Republican FCC Commissioner Kevin Martin adopted cable=92s cause and won the=
=20
internal battle to broaden the staff=92s recommendation and include cable=20
telephony services.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA479292.html?display=3DBreaking+News
(requires subscription)

FCC Hands Cable the Phone
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA479288?display=3DBreaking+New...
ferral=3DSUPP
(free access for Benton's Headlines subscribers)

F.C.C. Takes on Oversight of Internet Phone Services
[SOURCE: New York Times, AUTHOR: Stephen Labaton]
http://www.nytimes.com/2004/11/10/technology/10fcc.html
(requires registration)

FCC Gives Vonage Interstate Status In Win for Internet-Phone Firms
[SOURCE: Wall Street Journal]
http://online.wsj.com/article/0,,SB110001796704968961,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

FCC Asserts Role as Internet Phone Regulator
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A37972-2004Nov9.html
(requires registration)

FCC declares authority over states on VoIP
[SOURCE: San Jose Mercury News, AUTHOR:John Woolfolk]
http://www.mercurynews.com/mld/mercurynews/business/technology/10143621.htm

FCC Exempts VOIP From State Rules
[SOURCE: Los Angeles Times, AUTHOR:Jube Shiver Jr.]
http://www.latimes.com/business/printedition/la-fi-fcc10nov10,1,6220451....
y?coll=3Dla-headlines-pe-business
(requires registration)

REACTION TO VONAGE DECISION

* FCC Chairman Powell: Since 1870 home telephone service has been=20
essentially the same-two phones connected by a wire. This landmark order=20
recognizes that a revolution has occurred. Internet voice services have=20
cracked the 19th Century mold, to the great benefit of consumers. VoIP=20
services certainly enable voice communications between two or more people,=
=20
just as the traditional telephone network does, but that is where the=20
similarity ends. Internet voice is an Internet application that takes its=
=20
place alongside email and instant messaging as an incredibly versatile tool=
=20
for communicating with people all over the world. As such it has truly=20
unique characteristics. VoIP is customizable, global, inexpensive.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254112A2.doc

* FCC Commissioner Copps: While I agree that traditional jurisdictional=20
boundaries are eroding in our new Internet-centric world, we need a clear=20
and comprehensive framework for addressing this new reality. Instead the=20
Commission moves bit-by-bit through individual company petitions, in effect=
=20
checking off business plans as they walk through the door. This is not the=
=20
way we should be proceeding. We need a framework for all carriers and all=
=20
services, not a stream of incremental decisions based on the needs of=20
individual companies. We need a framework to explain the consequences for=
=20
homeland security, public safety and 911. We need a framework for consumer=
=20
protection. We need a framework to address intercarrier compensation,=20
state and federal universal service, and the impact on rural America. But=
=20
all I see coming out of this particular decision is . . . more questions.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254112A4.doc

* FCC Commissioner Adelstein: Where this Order falls short is its failure=20
to account in a meaningful way for essential policy issues, including=20
universal service, public safety, law enforcement, consumer privacy,=20
disabilities access, and intercarrier compensation, and the effect of our=20
preemption here.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254112A5.doc

* Michael D. Gallagher, Assistant Secretary of Commerce for Communications=
=20
and Information: Today's FCC decision is a big step forward for advanced=20
communications in the United States. Voice communications over the Net have=
=20
been cleared for takeoff. The FCC has acted to keep the Internet--an=20
inherently global network--unburdened by costly state regulation. As a=20
result, a rich variety of IP services benefiting U.S. consumers and=20
businesses will be accelerated. Today's vote is going to keep the U.S. on=20
the cutting edge of innovation."
http://www.ntia.doc.gov/ntiahome/press/2004/fccvonage_11092004.html

* Consumer Advocates: =93The FCC took all of the authority and none of the=
=20
responsibility,=94 said Mark Cooper, director of research for Consumer=20
Federation of America. =93This ruling gave VoIP providers everything they=20
asked for, but did not consider what consumers need. New technologies such=
=20
as VoIP could be a great benefit to consumers, but this piecemeal approach=
=20
to tackling the tough public policy questions puts consumers at risk.=94
Added Janee Briesemeister, senior policy analyst for Consumers Union: =93By=
=20
approving the Vonage petition, the FCC tied the hands of state regulators=20
who have asserted that VoIP is no different than traditional phone service=
=20
in terms of public safety, universal service and consumer protection.
=93If the FCC thinks the states don't have the authority to ensure public=20
safety, consumer protection and universal service for consumers, then it=20
should have provided a framework for doing so =97 but it did not,=94=20
Briesemeister added. "Companies are now free to market VoIP as an=20
alternative to traditional phone service, while consumers are left in limbo=
=20
over vital issues, such as whether E911 will work on their Internet phone.=
=94
http://www.consumersunion.org/pub/core_telecom_and_utilities/001607.html...
e

* Association for Local Telecommunications Services is "pleased with the=20
Commission=92s decision to maintain a light regulatory touch over Vonage=92s=
=20
service. At the same time, the Commission must acknowledge that such retail=
=20
VoIP services are not themselves alternatives to underlying bottleneck=20
facilities that these services ride over,=94 said ALTS General Counsel Jason=
=20
Oxman. "VoIP providers like Vonage do not own their own transmission=20
facilities and, under the 1996 Telecommunications Act, cannot directly=20
access the Bell companies=92 network facilities necessary to serve their=20
customers. VoIP providers therefore work extensively with competitive LECs=
=20
to access the necessary underlying networks,=94 said Mr. Oxman. =93The FCC=
must=20
continue to recognize that VoIP services will only be available to=20
consumers and small businesses if
the Commission maintains its requirement that incumbent LECs make access to=
=20
loops and transport available at cost-based rates.=94
http://206.161.82.210/NewsPress/110904VonagePetition.pdf

* CompTel/ASCENT CEO H. Russell Frisby Jr.: =93By declaring VoIP traffic as=
=20
interstate in nature, the FCC is taking an important step to encourage=20
competitive telecom service alternatives for consumers and to foster=20
entrepreneurship by those willing to explore new businesses and deploy=20
cutting-edge technology.
As one of the key tenets of CompTel/ASCENT=92s March 2004 VoIP Policy=20
Principles, federal oversight will allow VoIP and other IP-based network=20
applications the opportunity to gain acceptance without being hampered by=20
different =AD and at many times conflicting =AD rules on a state-by-state=
basis.
To foster further development of VoIP, CompTel/ASCENT believes that any=20
decision to regulate =AD or not to regulate =AD should be consistently=
applied=20
to the various network configurations designed to carry VoIP traffic. Most=
=20
importantly, access to underlying physical networks should not be allowed=20
to create a bottleneck that will foreclose on the ability of all providers=
=20
to deliver the services their customers choose.=94
http://www.comptelascent.org/news/recent-news/110904.html

* Consumer Electronics Association President and CEO Gary Shapiro: "It is=20
clear that advancement of VoIP services is a key element in driving=20
consumer demand and adoption of broadband. There is a unique synergy=20
between VoIP and broadband that allows each to be used as a purchase=20
incentive for the other. Today's action by the Commission is a strong step=
=20
toward regulatory clarity, which is needed to advance VoIP services that=20
will provide enormous benefits to consumers and the economy. We commend the=
=20
FCC's leadership in taking action to avoid a patchwork of state regulations=
=20
that would stifle the advancement of this new form of communication."
http://www.ce.org/press_Room/press_release_detail.asp?id=3D10598

* CTIA-The Wireless Association=99 President and CEO Steve Largent: =93We=20
applaud the FCC for recognizing the fundamental interstate and=20
international characteristics of IP-enabled services. Much like wireless,=
=20
one of the primary benefits of IP-enabled service is its ability to deliver=
=20
data to a consumer at anytime, in any place, from any location with=20
broadband access. CTIA strongly agrees that such services should be free=20
to develop under a single, unified regulatory framework, unencumbered by=20
conflicting state public utility regulations. Furthermore, the=20
competitive and innovative forces driving IP-enabled service to the=20
marketplace will =AD like wireless service - provide consumers with more=20
choices and lower prices.
The FCC=92s action today recognizes the harm that a patchwork of state=20
utility regulations can pose to the development and proliferation of=20
inherently interstate services such as VoIP and wireless. By establishing a=
=20
uniform, nationwide regulatory framework, IP-enabled services will avoid=20
the costly inefficiencies that accompany a patchwork of inconsistent and=20
varying regulatory schemes. This ruling is of great significance to the=20
consumer seeking these new and innovative services in the most=20
cost-effective manner possible.=94
http://www.ctia.org/news_media/press/body.cfm?record_id=3D1466

* Robert Sachs, President & CEO National Cable & Telecommunications=20
Association: =93By establishing a national framework for the regulation of=
=20
Voice over Internet Protocol (VoIP) services, the FCC has taken a=20
significant step towards promoting competition in enhanced voice=20
services. As facilities-based VoIP providers, cable companies offer=20
consumers sustainable, high quality voice services. We believe the=20
Commission's decision will further incent companies to invest in this=20
exciting new technology.=94

* Walter B. McCormick, Jr., President and CEO of USTA: "In today=92s rapidly=
=20
evolving communications market, the Commission=92s action is a necessary=
step=20
to ensure that innovative, borderless communications are not hindered by=20
outdated, conflicting regulatory schemes from fifty-one different local=20
jurisdictions. While this move acknowledges the tremendous changes in=20
communications, in future proceedings the Commission must ensure that=20
market-based competition thrives in an environment where all technologies=20
compete under the same rules. The Commission must also set a competitive=20
framework that encourages investment in the infrastructure and shares the=20
responsibility for maintaining the networks.=94
http://www.usta.org/news_releases.php?urh=3Dhome.news.nr2004_1109

* VON Coalition: The FCC today embraced the future of VoIP by ensuring it=20
will be free from a patchwork of multiple - and inevitably conflicting -=20
state jurisdictions. The VON Coalition praises today's decision to declare=
=20
VoIP an interstate service, but cautions that this is only one small step=20
toward unleashing the full promise and
potential of VoIP. The FCC now must act quickly to reform the badly broken=
=20
intercarrier compensation system and make sure new technologies and=20
services will not be hindered by a scheme to subsidize old networks. We=20
look forward to working with Congress, the FCC and the states, as well as=20
rural, urban, and other interests, to forge original yet pragmatic=20
solutions that enable consumers, businesses, and the economy to achieve the=
=20
full promise and potential that VoIP can deliver.=94
http://www.von.org/usr_files/JurisdictionStatementFINAL.pdf
The Voice on the Net or VON Coalition consists of VoIP companies.

* National Telecommunications Cooperative Association (NTCA) Chief=20
Executive Officer Michael E. Brunner: =93While we appreciate the FCC=92s=
desire=20
to foster consumer choice in the telecom marketplace, this announcement=20
does nothing to enhance those choices. This may lead to putting the=20
national telecom infrastructure in jeopardy. By getting a free ride on that=
=20
infrastructure without compensating the carriers that maintain these=20
networks, VoIP providers continue to gain a significant advantage. And, by=
=20
usurping states=92 ability to regulate these providers, the commission has=
=20
created an unfair competitive advantage over those telecom carriers that=20
are regulated at both the state and federal levels. We disagree with the=20
FCC=92s decision to give preference to one technology and tilting the=20
competitive advantage in VoIP=92s favor to the detriment of other=
technologies."
http://www.ntca.org/ka/ka-3.cfm?content_item_id=3D2705&folder_id=3D298
NTCA represents nearly 600 locally owned and controlled telecommunications=
=20
cooperatives and commercial companies throughout rural and small-town=
America.
--------------------------------------------------------------

Benton's Communications-related Headlines for 11/09/04

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

You can listen to the FCC open meeting this morning at
http://www.fcc.gov/realaudio/ There are four items on the agenda including
the Vonage petition (see next story), a report on the ITU World
Telecommunication Standardization Assembly, changes to the rules applicable
to the 4.940-4.990 GHz Band and (drum roll, please) the local competition
and broadband data gathering program.

TELECOM
FCC Seen Shielding Web-Phone from States, Sources
BellSouth's Call
GAO Clears FCC's 800 MHz Rebanding Order
USTA Urges Universal Service Fund Fix

MEDIA
Viacom Slams Jackson Decision at FCC
Satellite Radio and Localism

QUICKLY
Media Reform News
Slowdown Forces Many to Wander for Work
Cheryl Leanza Leaving MAP

TELECOM

FCC SEEN SHIELDING WEB-PHONE FROM STATES, SOURCES
At its meeting today, the FCC is expected to shield Internet-based
telephone services like Vonage from some key state regulations.
Specifically, the Commission may declare Vonage's service interstate in
nature and therefore exempt from state requirements that apply to
traditional phone services like rate regulation. Vonage, which has more
than 300,000 lines in service, allows a customer to make telephone calls
nationwide and to Canada for a flat fee using equipment attached to a
high-speed Internet, or broadband, connection. But Vonage is battling with
state regulators, like Minnesota, which are demanding Vonage obtain state
certification, be subject to rate regulation and offer emergency 911
services comparable to those of land lines. Minnesota tried to force Vonage
to comply with state regulations but the company won a federal court
decision that said it was exempt. Oral arguments for the state's appeal is
set for Nov. 17.
[SOURCE: Reuters, AUTHOR: Jeremy Pelofsky]
http://www.reuters.com/newsArticle.jhtml?type=internetNews&storyID=6747443
Also --
Federal Ruling on Web Calling Is Expected to Aid Sector's Growth
"The big concern is if other companies find a way to use this decision to
characterize their traffic as interstate, and there are big incentives for
them to do that," said Brad Ramsay, general counsel of the National
Association of Regulatory Utility Commissioners. About 24 states collect at
least $1.9 billion a year for their own Universal Service plans, which
subsidize rural phone service and Internet to schools nationwide. Mr.
Ramsay said that pool would shrink considerably as customers began
switching from traditional phone service to Internet-based plans.
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo
annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB109995886468268278,00.html?mod=todays...
(requires subscription)
USAToday
http://www.usatoday.com/printedition/money/20041109/3b_voip_09.art.htm

BELLSOUTH'S CALL
Since cable companies can discriminate against competing ISPs, BellSouth is
asking the FCC to repeal the open-access rule for teleco's broadband
services. BellSouth says that the different regulatory approach to the
services gives cable an unfair advantage when it already the market leader
in broadband. BellSouth said complying with FCC rules costs $3.50 per
month, per customer. "Those expenses translate directly into higher costs
for consumers," BellSouth said. Consumer Federation of America research
director Mark Cooper said his group would oppose BellSouth at the
appropriate time. The CFA and other consumer groups have unsuccessfully
urged the FCC to apply the same open-access rules to cable. "BellSouth
clearly wants to be done with nondiscrimination entirely," Cooper said.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA478505.html?display=Policy
(requires subscription)

GAO CLEARS FCC'S 800 MHZ REBANDING ORDER
The FCC's decision giving Nextel 1.9 GHz spectrum as part of the 800 MHz
rebanding doesn't violate federal law against private sale of public
resources, the General Accounting Office found. Verizon dropped its legal
objections to the rebanding order last week, and the GAO action was one
remaining area of uncertainty. FCC Chairman Michael Powell released the
following statement:
I am pleased that GAO recognizes the FCC's legal authority to implement a
solution to the 800 MHz interference problem. The GAO independently
confirmed that the Commission's authority to regulate spectrum in the
public interest is broad enough to include the tools we utilized to resolve
this critical public safety matter. GAO's decision provides further
impetus to the entire industry to work with the FCC as we implement our
plan to improve communications for public safety and emergency responders.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254076A1.doc

USTA URGES UNIVERSAL SERVICE FUND FIX
The United States Telecom Association has urged two key leaders on telecom
issues to take immediate legislative action that would help prevent a
potential disruption of universal service payments to telecom service
providers in rural areas across the nation. After recent action by the FCC
to comply with government accounting rules and the Anti-Deficiency Act, the
Universal Service Administrative Corporation has been forced to radically
change the timing for distributing universal service funds. Legislative
action would help ensure that there is not a steep increase in costs to
consumers or missed payments to providers. In letters sent to Senate
Appropriations Committee Chairman Ted Stevens and Senator Daniel Inouye, a
senior member of the Appropriations Committee and the incoming ranking
member of the Senate Commerce Committee, USTA President and CEO Walter B.
McCormick, Jr., urged the senators to include language in the final
appropriations bill for the year to remove USAC from the requirements of
the Anti-Deficiency Act. In doing so, Congress would ensure that there is
no disruption of universal service payments to service providers and that
the universal service system remains viable and sustainable. "Unless
Congress acts quickly, this situation could further undermine the stability
of the nation's Universal Service Fund," McCormick explained. "Senators
Stevens and Inouye understand the importance of preserving the stability of
universal service and we urge them to act now to help maintain the existing
system until long-term issues can be resolved."
[SOURCE: United States Telecom Association Press Release]
http://www.usta.org/news_releases.php?urh=home.news.nr2004_1108

MEDIA

VIACOM SLAMS JACKSON DECISION AT FCC
Viacom is making good on a promise to fight the FCC's decision to fine the
company for the Super Bowl halftime show. In an appeal of the Commission's
record $550,000 fine against Viacom owned and operated CBS TV stations,
Viacom suggests the Commission has run amok, "no longer recognize[ing] any
meaningful limits to its ability to regulate broadcast content," despite
Supreme Court warnings about overbroad speech regulation. Challenging the
so-called Pacifica Supreme Court decision that upheld the FCC's power to
regulate indecency, Viacom argues that it is now "implausible to justify
broadcast indecency regulations on the 'uniquely pervasive presence' of
broadcasting. In addition to being outmoded, Viacom argues that the FCC's
indecency standard is excessively vague. Viacom warns that if the
Commission's ruling stands, "it will lead to the end of live broadcasting
as we know it by placing broadcasters on notice that they risk massive
liability and perhaps even license revocation if they fail to adopt
technical measures to avoid the possibility of a spontaneous
transgression." See you in court.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA479033.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
Also see --
USAToday
http://www.usatoday.com/printedition/money/20041109/4b_viacom_09.art.htm

SATELLITE RADIO AND LOCALISM
In April, the National Association of Broadcasters filed a petition saying
that satellite radio and traffic services violated satellite digital audio
radio service authorizations and the FCC seemed close to deciding on the
matter. But now the NAB has asked the Commission to hold that thought and
wait and see how these services develop. NAB said XM reportedly intends to
use the local broadcast feed for Major League Baseball, strip out the
broadcasters' ads and add their own and split the ad revenue with MLB.
While that could decrease broadcasters' ability to provide local service,
these developments haven't played out enough to allow the FCC to make a
"reasoned" decision. [And believe you me, the NAB is all about reason and
reasonableness.]
[SOURCE: Communications Daily]
(Not available online)

QUICKLY

MEDIA REFORM NEWS
Second issue of Free Press newsletter is now available online. Articles
include: Focus of Media Policy to Expand in 2005; Town Meetings on the
Future of Media
Draw Hundreds of Concerned Citizens; Community Wireless Developers and
Policy Experts Gather for First-Time Summit; Debunking Media Mythology by
Robert W. McChesney; With no renomination, Adelstein to leave FCC.
[SOURCE: Free Press Newsletter]
http://www.freepress.net/newsletter/v1n2.pdf

SLOWDOWN FORCES MANY TO WANDER FOR WORK
Unemployment among tech workers, once almost nonexistent, is now higher
than the overall jobless rate for the first time in more than 30 years. See
what this means for tech workers at the URL below.
[SOURCE: Washington Post, AUTHOR: Greg Schneider]
http://www.washingtonpost.com/wp-dyn/articles/A35193-2004Nov8.html
(requires registration)
See also
Out of Sight, Out of Mind?
The offshore outsourcing issue will not go away.
[SOURCE: C-Net|News.com, AUTHOR: Charles Cooper ]
http://news.com.com/Out+of+sight%2C+out+of+mind/2010-1028_3-5439405.html

Cheryl Leanza, deputy director of Media Access Project, said Monday that
she is leaving the public-interest law firm to tackle telecommunications
issues as principal legislative counsel for the National League of Cities.
http://www.broadcastingcable.com/article/CA479037.html?display=Breaking+...
(free access for Benton's Headlines subscribers)
--------------------------------------------------------------
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.
--------------------------------------------------------------

Benton's Communications-related Headlines for 11/08/04

There's a FCC meeting tomorrow focusing on telecom issues. For upcoming
media policy events, see http://www.benton.org/calendar.htm

TODAY'S QUESTION: What's next?

WASHINGTON AGENDA
Fat Cats Get Fatter
DTV Transition May Be on Tap for Dec. FCC Meeting
NAB Will Commit to DTV Deadline
GOP Wants News Organizations to Abandon Exit Polls
Intel Chief Barrett Lays Out U.S. Tech Policy Agenda

MEDIA
Belo Gave Time to 159 Candidates
Sweating Bush II at CBS
Kerry Finally Wins One
Sinclair Sits Pretty
Fox News, Media Elite
Drama on Horizon for Spanish Television

TELECOM
Showdown of the Giants
Cable Titans Discuss Offering Cellular Services, Intensifying Foray Into
Telecom's Turf
Verizon to Buy All of NextWave's Spectrum

QUICKLY
One Internet, Many Copyright Laws
See Wired
RSA Sees Looming Identity Crisis Online

WASHINGTON AGENDA

FAT CATS GET FATTER
B&C looks at five potential changes that could be the result of last week's
elections. 1) Fat Cats Get Fatter: Media giants Comcast, News Corp., Viacom
and other conglomerates will seek to strike new deals to grow their empires
in a more relaxed regulatory environment. A second Bush administration
will resurrect deregulation to make it so. Lifting restrictions will lead
to "fewer owners controlling even more assets," said Leonard Hill who
represents the independent TV production community. "They'll be able to
curry favor with entrenched Washington power in turn for relaxation of
regulations designed to protect the public interest." 2) Morality Police
Will See Red Over Blue TV. Conservative groups will turn up the pressure on
the FCC and Congress to scrub filth out of broadcast prime time. With as
many as four Supreme Court spots likely to open in the new Bush presidency,
some industry folk worry that the courts could support a la carte cable
pricing options or -- Jenna Jameson forbid -- outlawing cable porn. 3) FCC
Chief Polishes His Image, Then Quits. FCC Chairman Michael Powell may take
the time to work on his legacy: accelerating the transition to digital
television, rolling out Internet TV and backing other gee-whiz
technologies. He will have a temporary 3-1 Republican majority after
December. 4) GOP Stands Divided on Digital Deadline. Chairman Powell favors
2009 as the end date for analog TV, by House Commerce Committee Chairman
wants to see a return of the spectrum currently used for TV stations in
2006. Either deadline could require up to $1 billion in subsidies for
low-income, broadcast-only households. The Administration is not so keen on
that. 5) Congress Reopens the Telecom Act, Reaps a Windfall. Congress plans
to launch a rewrite of the laws governing media, phone and wireless
industries sometime next year. A big side benefit to House and Senate
members is that telecom companies, fearful of losing favor, will feel
obligated to donate millions over the next session. If past legislative
battles are any indication, Congress will milk the opportunity for campaign
cash rather than pass legislation quickly.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA478554?display=Feature&referr...
(free access for Benton's Headlines subscribers)

DTV TRANSITION MAY BE ON TAP FOR DEC FCC MEETING
The FCC is likely to vote on permanent phone competition rules at the
Commission's December 15 open meeting, but it is uncertain whether it will
vote on a plan to speed the transition to digital-only television
broadcasting. Chairman Michael Powell has expressed an interest in voting
in December, but there might be less urgency with President Bush's
reelection. The FCC has five weeks after this week's meeting to complete
orders for the Dec meeting. However, Thanksgiving and the need to complete
action on air-to-ground communications will both be distractions. The FCC
also hopes to issue recommendations to Congress this year on what to do
with the 15% of consumers whose TV sets would no longer work after the DTV
transition.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)

NAB WILL COMMIT TO DTV DEADLINE
The National Association of Broadcasters, Disney-owned and operated ABC TV
stations, associations representing CBS and NBC affiliates and 17 major TV
station groups including Belo, LIN, Emmis, Hearst-Argyle, Tribune Gannet
and Media General are lining up to commit to a hard deadline for completing
the switch to all-digital broadcasting. No date is actually being
suggested, the broadcasters said they will "work with Congress and
regulators to develop a specific DTV transition plan in the coming months
that will bring an orderly end to the transition." BUT -- there's always a
but -- broadcasters insist that the FCC drop the major tenet of the
so-called "Ferree plan," counting nearly all cable subscribers as receiving
local DTV stations, even if some of those viewers are receiving the
stations' digital programming after cable operators convert them to an
analog format. Other conditions broadcasters demand include cable carriage
rights for every digital multicast channel they offer free over the air and
the delay of an FCC plan to let Wi-Fi and other unlicensed communications
devices operate on vacant TV channels until after the DTV transition is
complete. The industry also asked that any hard DTV completion date exempt
broadcasters facing technical problems that prevent them from going digital.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA478389.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

GOP WANTS NEWS ORGANIZATIONS TO ABANDON EXIT POLLS
After early exit polls in Tuesday's election inaccurately suggested that
Democratic presidential candidate Sen. John Kerry would trounce President
Bush, Republican National Committee Chairman Ed Gillespie is recommending
that major news organizations pull the plug on the prognostications. "In
2000 the exit data was wrong on Election Day. In 2002, the exit returns
were wrong on Election Day. And in 2004, the exit data were wrong on
Election Day -- all three times, by the way, in a way that skewed against
Republicans and had a dispiriting effect on Republican voters across the
country."
[SOURCE: TVWeek, AUTHOR: Doug Halonen]
http://www.tvweek.com/news.cms?newsId=6674

INTEL CHIEF BARRETT LAYS OUT US TECH POLICY AGENDA
Speaking to an audience at the annual Semiconductor Industry Association
dinner, Intel CEO Craig Barrett deliver a stinging rebuke of Washington
politicians and offer a tech-policy agenda for the newly re-elected Bush
administration to consider. The United States, he said, must focus on
improving science and math education, spend more on research and
development and develop technology infrastructure such as broadband.
[SOURCE: San Jose Mercury News, AUTHOR:Dean Takahashi]
http://www.mercurynews.com/mld/mercurynews/business/technology/10109610.htm

MEDIA

BELO GAVE TIME TO 159 CANDIDATES
Belo-owned TV stations in 15 markets collectively produced over 20 hours of
programming in the "It's Your Time" campaign between September 21 and
election day. Each candidate was given five minutes, four to tell why they
should be elected and one to answer a question on an issue central to their
particular race. In addition to airing the segments on its TV stations,
Belo also ran them on its regional and local cable news channels and made
them available to noncommercial stations in the market.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA478196.html?display=Breaking+...
(free access for Benton's Headlines subscribers)

SWEATING BUSH II AT CBS
Players involved in the notorious 60 Minutes-on-Wednesday segment, reported
by Dan Rather, that employed dubious documents regarding President Bush's
National Guard service may face stiffer internal punishment now that
President Bush has won reelection. Now the hammer could come down on
producer Mary Mapes, 60 Minutes II executive producer Josh Howard, Dan
Rather and all the way up to news division President Andrew Heyward.
[SOURCE: Broadcasting&Cable]
http://www.broadcastingcable.com/article/CA478551?display=The+Beat&refer...
(free access for Benton's Headlines subscribers)

KERRY FINALLY WINS ONE
The evening broadcasts on ABC, CBS and NBC gave the Kerry campaign a bigger
chunk of their campaign coverage than they devoted to any other nominee of
either party in the past five presidential elections. But while Kerry
prospered on the network news, coverage of Senate and House races,
statewide contests and propositions withered in 2004. Through the end of
October, the total coverage of those subjects drew just 3% of the overall
election news-hole. That's a drop of more than half since 1992 and more
than two-thirds since 1996.
[SOURCE: Broadcasting&Cable, AUTHOR: Andrew Tyndall ]
http://www.broadcastingcable.com/article/CA478578.html?display=Feature&r...
(free access for Benton's Headlines subscribers)

SINCLAIR SITS PRETTY
Sinclair Broadcasting said its controversial program on John Kerry's war
record was hugely profitable for the company, so much so that it intends to
produce more such shows from its centralized news operation near Baltimore.
"We made more revenue on that show than we would have otherwise across our
platform," said Sinclair CEO David Smith. "The lesson learned is that the
central news structure we've created has the capability of producing
relevant content and we are convinced we can make more money in other
dayparts."
[SOURCE: Variety, AUTHOR: Michael Learmonth]
http://story.news.yahoo.com/news?tmpl=story&cid=1951&ncid=762&e=8&u=/var...
Also see --
Sinclair Moves on From Stolen Spat
[SOURCE: Broadcasting&Cable]
http://www.broadcastingcable.com/article/CA478552?display=The+Beat&refer...
(free access for Benton's Headlines subscribers)

FOX NEWS, MEDIA ELITE
Cable news channel Fox News amassed an audience of 8.1 million viewers on
election night, clobbering other cable news networks. NBC, ABC and CBS, on
the other hand, lost millions of viewers this year, according to Nielsen
Media Research. And Fox News actually came closer to CBS in the ratings
than CNN did to Fox News. Fox News has now become popular enough -- with an
audience whose conservative political leanings track those of the voters
who re-elected President Bush -- to lay claim to its own place in the
establishment.
[SOURCE: New York Times, AUTHOR: Jacques Steinberg]
http://www.nytimes.com/2004/11/08/business/media/08fox.html
(requires registration)

DRAMA ON HORIZON FOR SPANISH TELEVISION
A change of government in Spain means a new ballgame for Spain's fiercely
politicized media companies. The 7-month-old Socialist government of Prime
Minister Jose Luis Rodriguez Zapatero plans to award licenses for two new
television networks, much to the annoyance of Telecinco and Antena 3, the
TV networks that dominate Spain's 6-billion-euro ($7.7-billion) advertising
market. It is widely expected that one of the new TV licenses will be
awarded to Prisa, a pro-Socialist media group that owns the daily newspaper
El Pais, commercial radio broadcaster Cadena Ser and a 23% stake in
Sogecable, a pay TV company. With the political wind now blowing in its
favor, Prisa's shares are up 30% this year. Meanwhile, Vocento, a
cash-rich, privately owned group of regional newspapers, is openly lobbying
for the other TV license.
[SOURCE: Los Angeles Times, AUTHOR: Leslie Crawford]
http://www.latimes.com/business/printedition/la-ft-spain8nov08,1,4431556...
(requires registration)

TELECOM

SHOWDOWN OF THE GIANTS
With the nation's cable companies determined to offer Internet calling to
millions, the phone companies are responding by jumping into the TV
business. Both Verizon and SBC have launched multibillion-dollar efforts to
roll out high-capacity fiber lines that can deliver Internet service, voice
and video through a single connection. Services to consumers will rollout
in 2005 and Verizon is already lining up rights from content providers. But
offering conventional TV fare is likely to require the phone companies to
acquire franchise rights, just like cable companies must do. Winning the
necessary licenses from municipalities is a time-consuming process that
involves lobbying and, at times, legal wrangling at a local level that can
take months. This isn't the first time that the Bells have tried to make a
push into television. In 1993, Bell Atlantic tried to acquire cable giant
TCI, which was later sold to AT&T and today is part of Comcast. In the
mid-1990s, Bell Atlantic and Nynex (now both part of Verizon) and SBC
jointly formed TeleTV and hired a CBS executive to buy content that could
run over fiber. Meanwhile, the former Ameritech (now owned by SBC) and Walt
Disney formed Americast, a cable company that bought or established several
dozen cable TV systems and tried to line up programming. Both TeleTV and
Americast fizzled: Fiber technology back then turned out to be too
expensive for Bell Atlantic, and innovative content was hard to come by for
both ventures.
[SOURCE: Wall Street Journal, AUTHOR: Drucker jesse.drucker( at )wsj.com, Berman
dennis.berman( at )wsj.com and Grant peter.grant( at )wsj.com ]
http://online.wsj.com/article/0,,SB109987210662467137,00.html?mod=todays...
(requires subscription)
See also --
Is Telecom Too Late to TV?
[SOURCE: Wall Street Journal, AUTHOR: Joe Flint
joe.flint( at )wsj.com and Brooks Barnes brooks.barnes( at )wsj.com]
http://online.wsj.com/article/0,,SB109987236138067144,00.html?mod=todays...
(requires subscription)
Fiber doesn't make it to big cities yet
[SOURCE: USAToday, AUTHOR: Leslie Cauley]
http://www.usatoday.com/printedition/money/20041108/1b_verizon08.art.htm

CABLE TITANS DISCUSS OFFERING CELLULAR SERVICES, INTENSIFYING FORAY INTO
TELECOM'S TURF
Competition between cable and telephone giants may be intensifying. The
nation's biggest cable providers are discussing the formation of a joint
venture to offer cellphone service, according to people familiar with the
talks. The members of the informal consortium include Comcast, Time Warner,
Cox Communications, Charter Communications and Advance/Newhouse
Communications. Either by purchasing a wireless operator outright or
reselling services of an existing network, a deal would allow cable
operators to offer a full bundle of services -- including video, high-speed
Internet access, landline telephone and cellular service -- to the
country's 74 million cable subscribers. The theory is that customers
getting all their services from one provider -- on a single bill, at a
discount -- are less likely to defect from any one of those services. The
success of this approach still is uncertain: a mere 1% of consumers use a
single provider to get local telephone, long distance, Internet access and
cellphone service.
[SOURCE: Wall Street Journal, AUTHOR: Drucker jesse.drucker( at )wsj.com, Berman
dennis.berman( at )wsj.com and Grant peter.grant( at )wsj.com ]
http://online.wsj.com/article/0,,SB109986585663666960,00.html?mod=todays...
(requires subscription)

VERIZON TO BUY ALL OF NEXTWAVE'S SPECTRUM
Verizon Wireless agreed to buy all of NextWave's PCS licenses for $3
billion. A federal Bankruptcy Court will be asked to rule on the request at
a Nov. 30 hearing , since the sale represents NextWave's new reorganization
plan. Meanwhile, a top FCC official said the deal likely won't set off
regulatory red flags. If completed, the sale will essentially end the
multi-year NextWave saga, one of the telecom industry's most dramatic
ongoing stories.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)
Coverage also in --
WSJ:
http://online.wsj.com/article/0,,SB109963817243165926,00.html?mod=todays...

QUICKLY

ONE INTERNET, MANY COPYRIGHT LAWS
The Elvis Presley hit "That's All Right" is due to become copyright-free
next year in Europe, but not for another 45 years in the US. The case is
one more example of the Internet's inherent lack of respect for national
borders or, from another view, the world's lack of reckoning for the
international nature of the Internet, and it is also an example of the
already complicated range of copyright laws.
[SOURCE: New York Times, AUTHOR: Victoria Shannon]
http://www.nytimes.com/2004/11/08/technology/08newcon.html
(requires registration)

SEE WIRED
In the November issue of Wired there is a CD issued under a new type of
license called the Creative Commons, the brainchild of Stanford Law School
Professor Lawrence Lessig. The artists on the disc have agreed to give
music lovers the freedom to transfer the songs to their computers,
distribute them over Internet file-swapping networks like Kazaa, and even
sample the rhythms and hooks to create their own compositions. The only
thing you can't do is use them in commercials or, in a handful of
instances, a song you plan to release.
[SOURCE: San Jose Mercury News, AUTHOR: Dawn C. Chmielewski]
http://www.mercurynews.com/mld/mercurynews/business/technology/10126944.htm

RSA SEES LOOMING IDENTITY CRISIS ONLINE
Andrew Nash, the director of technology for RSA Security said businesses
need to move their online customers toward a federated identity policy or
security threats could bring people to lose confidence in trading. "You're
talking about hundreds of thousands of people who need to be
authenticated," Nash said at the RSA Conference in Barcelona. "If we can't
adopt quickly enough, the Internet will become known as a very unsafe
place. People won't have confidence in it and (companies) will bail out, if
not put their technology on hold."
[SOURCE: C-Net|News.com, AUTHOR: Dan Ilett]
http://news.com.com/RSA+sees+looming+identity+crisis+online/2100-7348_3-...
--------------------------------------------------------------
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.
--------------------------------------------------------------