Benton RSS Feed

Benton's Communications-related Headlines for 5/20/04

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

Congratulations go out to Andrew Jay Schwartzman, President and CEO of
Media Access Project (MAP) who is the first recipient of the Just Media
Lifetime Achievement Award for making "a significant contribution to the
reform of media policy by galvanizing others, writing/speaking on media
policy issues, and leading or being an instrumental part of a campaign that
called for media reform." Mr. Schwartzman received the award at
MediaRight's Fourth Annual Media That Matters Film Festival. Hope you
enjoyed your night in New York, Andy... Now get back to work!

MEDIA
Bigwigs Want Skinny On Buffet Cable
Senators Want NIH Study of 'Screen Time'

TELECOM
Competition in the Communications Marketplace
Broadband Wireless Companies Ask for Spectrum
Talks Falter on Ending Fees Between Telephone Companies
AT&T Hangs up on Some Local Plans
SBC Union Workers to Stage Four-Day Strike

PRIVACY
Now They'll Know if You Read Their E-mail
Street Maps in Political Hues

SPAM
FTC Rule Requires Labels On Sexually Explicit Spam

MEDIA

BIGWIGS WANT SKINNY ON BUFFET CABLE
As reported yesterday, top members of the House Energy and Commerce
Committee have asked the FCC to conduct an inquiry into the ramifications
of mandated a la carte pricing for satellite and cable operators. In a
letter from House Commerce Chairman Joe Barton (R-TX), Telecommunications
Subcommittee Chairman Fred Upton (R-MI), ranking committee member John
Dingell (D-MI), ranking subcommittee member Ed Markey (D-MA) and Rep Nathan
Deal (R-GA), the FCC is directed to examine the following questions: Do
program distributors currently have the option buying channels a la carte
from their suppliers? What would the impact on retail rates to customers if
programmers had to offer their network a la carte and could not bundle
them? What would the impact on retail rates to customers if programmers had
to offer their network a la carte but could also bundle them? How have
broadcast networks and affiliate groups used retransmission consent to
expand carriage of affiliated networks? Is there any reason to regulate
satellite and cable in terms of this issue? What Constitutional or other
legal questions are raised if Congress mandates stand-alone channel sales
and prevents programmers from requiring carriage on particular tiers?
Consumers Union supports the lawmakers: "The cable industry will no longer
be able to hide behind Chicken Little predictions now that Congressional
leaders from both parties have requested that the Federal Communications
Commission to conduct a rapid factual study of how allowing consumers to
pick their own cable channels could work in the cable and satellite
marketplace.... We are confident that once the FCC looks past industry
innuendo and unsubstantiated assertions to find the real facts about the
benefits of allowing consumers to select and pay for their own channels,
cable and satellite carriers will no longer be able to resist public
pressure to offer such options."
The National Cable and Telecommunications Association responded with the
following: "As the General Accounting Office (GAO) has found, 'a la carte'
pricing would likely lead to a choice of fewer cable channels at higher
prices for consumers. The economic facts have not changed over the six
months since GAO issued its comprehensive study. We believe that an FCC
study would further confirm that 'a la carte' pricing would be very harmful
to ad-supported cable networks and consumers by reducing programming
diversity and driving up the cost of cable and satellite television."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/index.asp?layout=article&articleid=CA41...
(requires subscription)
See also:
Text of letter: http://www.consumersunion.org/pub/FCC.alacarte.pdf
Multichannel News:
http://www.multichannel.com/index.asp?layout=article&articleid=CA419616&...
(requires subscription)
WP: http://www.washingtonpost.com/wp-dyn/articles/A40996-2004May19.html
NCTA Press Release:
http://www.ncta.com/press/press.cfm?PRid=501&showArticles=ok
Consumers Union Press Release:
http://www.consumersunion.org/pub/core_telecom_and_utilities/001137.html

SENATORS WANT NIH STUDY OF 'SCREEN TIME'
Sens. Joseph Lieberman (D-CT), Sam Brownback (R-KS) and Hillary Rodham
Clinton (D-NY) on Wednesday introduced the Children and Media Research
Advancement Act of 2004, a bill instructing the National Institutes of
Health to investigate the impact of the electronic media on the development
of children. The legislation would authorize a $90 million federal grant
program to support research into the effects of viewing and using all types
of media, including television, computer games, and the Internet, on
children's physical and psychological development. The bill aims at
energizing research into the role of all forms of digital, analog and print
media on the cognitive, social, emotional, physical and behavioral
development of children from infants through adolescents. A broad array of
children advocacy organizations supports the CAMRA Act. Attending the press
conference introducing the legislation to show their support were Sandra L.
Calvert, Ph.D., Director of Children's Digital Media Center; Michael Rich,
M.D., Director of Media and Child Health at Harvard University; Patti
Miller with Children Now; Jeff McIntyre from the American Psychological
Association; Liz Rose from Common Sense Media and Mellissa Caldwell from
Parents Television Council.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA419386?display=Breaking+News
(requires subscription)
Sen Lieberman's Press Release
http://lieberman.senate.gov/newsroom/release.cfm?id=221745

TELECOM

COMPETITION IN THE COMMUNICATIONS MARKETPLACE
The House Subcommittee on Telecommunications and the Internet hearing on
the effects of convergence was heavy on technology and light on policy.
Lawmakers saw presentations of cell phones that receive TV, devices that
record video and operate seamlessly with laptops, and wireless broadband.
Broadband over powerlines (BPL) seemed to get the most attention.
Testifiers asked for regulatory parity for different broadband services.
See links to testimony at the house.gov URL below.
[SOURCE: House Commerce Committee]
http://energycommerce.house.gov/108/Hearings/05192004hearing1278/hearing...
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

BROADBAND WIRELESS COMPANIES ASK FOR SPECTRUM
At the FCC's Wireless Broadband Forum, representatives from high-tech and
wireless companies asked the Commission for more low-frequency spectrum.
"At 700 MHz we may need 1/10th the number of base stations you would
require at, say, 2.5 GHz. That's a huge cost advantage," said Margaret
LaBrecque of Intel. "If we're going to roll this broadband access out we
must have access to good spectrum." An additional issue raised was
standardization. Standardization is the "key driver" for more widespread
wireless broadband, said Guy Kelnhofer, CEO of NextNet Wireless. "It's
imperative that all of the vendors strive toward interoperability in the
future." FCC Chairman Michael Powell said the FCC must guarantee that Wi-Fi
and other networks are secure as wireless broadband becomes more prevalent.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)
FCC Broadband Forum homepage:
http://wireless.fcc.gov/outreach/2004broadbandforum/

TALKS FALTER ON ENDING FEES BETWEEN TELEPHONE COMPANIES
For nine months an telecommunications industry group comprised of 19 big
and smaller telephone-service providers has been negotiating a plan to
phase out over three years the various local and long-distance payments
companies make to each other for completing calls. But with a final
proposal near, Verizon, BellSouth and T-Mobile have backed out of the
discussion. Company officials worry that consumers would see a jump in
subscriber line charges on their monthly bills and not realize that they
are paying less for long distance and local calls. Gary Epstein, an
attorney who has been facilitating the negotiations, said the group will
continue working on a solution. "I'm hopeful that we'll come to a consensus
view shortly and present the plan" to the FCC. The breakdown could force
regulators to referee the talks and slow down a broader process to
establish telecom regulations that reflect a competitive marketplace that
includes phone calls made via the Internet, among other things. The current
system of intercarrier compensation dates back to the 1984 breakup of AT&T
and was designed to ensure that the local phone monopolies such as Verizon
would have a source of revenue to offset what it used to get from Ma Bell.
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo
annemarie.squeo( at )wsj.com ]
http://online.wsj.com/article/0,,SB108499622996616000,00.html?mod=techno...
(requires subscription)
USAToday: http://www.usatoday.com/usatonline/20040520/6218136s.htm

AT&T HANGS UP ON SOME LOCAL PLANS
Facing increasing rates to lease lines from SBC, AT&T will stop selling two
local telephone service plans in Ohio. In Ohio, regulators recently let SBC
charge $17.18 for every local phone line that long-distance providers lease
and then resell to customers. The price increase of about $3 means AT&T is
now paying SBC more to lease the line than what it actually charges
customers. If AT&T decided to pass on the increases to consumers, it would
be charging them more than SBC does.
[SOURCE: C-Net|News.com, AUTHOR: Ben Charny]
http://news.com.com/AT%26%2338%3BT+hangs+up+on+some+local+plans/2100-103...

SBC UNION WORKERS TO STAGE FOUR-DAY STRIKE
Members of the Communications Workers of America plan to walk off their SBC
jobs at 12:01 a.m. Friday and return to work at 12:01 a.m. Tuesday.
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-sbc20may20,1,3332268....

PRIVACY

NOW THEY'LL KNOW IF YOU READ THEIR E-MAIL
DidTheyReadIt.com launches Monday. It is an online service that allows
anyone to secretly track e-mails they send: whether someone opens the
e-mail, how long the recipient keeps it open, even where geographically the
recipient is reading it. The service comes from Rampell Software of
Cambridge, Mass. DidTheyReadIt.com will cost $50 a year. You register on
the Web site, and then every time you send an e-mail, you add
.didtheyreadit.com to the end. An e-mail address would look like this:
president( at )whitehouse.gov.didtheyreadit.com. You can also download software
that adds tracking code to all outgoing e-mail. While many e-mail users
will feel DidTheyReadIt invades their privacy, many also will feel torn,
predicts Youngjin Yoo, professor of information systems at Case Western
Reserve University. ''You will want to know how others treat your e-mail
messages even if you don't necessary want others to know how you are
treating theirs,'' Yoo says.
[SOURCE: USAToday, AUTHOR:Kevin Maney]
http://www.usatoday.com/usatonline/20040520/6218150s.htm

STREET MAPS IN POLITICAL HUES
Do online databases of political contributions make democracy, well, too
transparent? See what's possible at Fundrace.org, a site that gets 150,000
visitors per day.
[SOURCE: New York Times, AUTHOR: Tom McNichol]
http://www.nytimes.com/2004/05/20/technology/circuits/20dona.html
(requires registration)

SPAM

FTC RULE REQUIRES LABELS ON SEXUALLY EXPLICIT SPAM
A Federal Trade Commission rule went into effect Wednesday requiring that
unsolicited commercial e-mail that contains sexually oriented material
include the words "SEXUALLY EXPLICIT" in the subject line. The rule also
bars graphic images from appearing in the opening body of the message.
Instead, the recipient must take some action in order to see the
objectionable material, either by scrolling down in the e-mail or by
clicking on a provided link. Spammers who violate the rule face possible
imprisonment and criminal fines of up to $250,000 for individuals and
$500,000 for an organization. The FTC rule is not without critics. "This is
a back door effort to violate people's first amendment rights, whether well
intentioned or not," said attorney Jonathan L. Katz. He is a first
amendment lawyer whose clients include members of the adult entertainment
industry.
[SOURCE: Wall Street Journal, AUTHOR: Associated Press]
http://online.wsj.com/article/0,,SB108500142287116094,00.html?mod=politi...
(requires subscription)
--------------------------------------------------------------
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 5/19/04

Two big events in Washington today. The House Subcommittee on=20
Telecommunications and the Internet will hold a hearing on competition in=20
the communications marketplace and the FCC is holding the Wireless=20
Broadband Forum. For these and other upcoming media policy events, see=20
http://www.benton.org/calendar.htm

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.

TELEVISION & RADIO
FCC to Audit Broadcasters This Month Under New EEO Rules
Congress Cans a la Carte
The Political Endurance Test
Barton: Cable Indecency Law Coming
Stations Seek Preemption Assurance
Center for Rural Strategies Opposes "Amish in the City"

TELECOM
Rural Telephone Executives Lobby Capitol Hill
SBC Faces Possibility of Strike As Union Gives 24-Hour Notice

MEDIA & POLITICS
Bush's Site Neck and Neck with Kerry's in Traffic Race

TELEVISION & RADIO

FCC TO AUDIT BROADCASTERS THIS MONTH UNDER NEW EEO RULES
Within several weeks, the FCC will send audit letters to about 550 radio=20
stations, 70 TV stations and 70 multichannel video program distributor=20
(MVPD) units, including 5% of cable operators, said Lewis Pulley, Assistant=
=20
Chief of the Policy Division in the FCC=92s Media Bureau, at a National=20
Association of Broadcasters Human Resource Managers meeting Tuesday. The=20
action comes after criticism from the United Church of Christ and other=20
supporters of equal employment opportunity rules. "Given that the new=20
broadcast EEO rules did not go into effect until March 10, 2003, audits=20
conducted in calender year 2003 would not have been productive as=20
broadcasters would not have had ample time to comply and document their=20
compliance with the new regulations,=94 FCC Chairman Powell said. By giving=
=20
broadcasters a year to document
compliance, as broadcast licenses are renewed, they can prepare public file=
=20
reports to the Commission for review, said Chairman Powell. In addition,=20
under the new rules, broadcasters have to adopt supplemental recruitment=20
initiatives over 2 years. It would have been =93extremely difficult=94 for=
=20
broadcasters to comply given the short period
between the effective date of the rules and the audits had they been=20
conducted last year, Chairman Powell said: =93Indeed, for this reason, some=
=20
claim that a truly meaningful audit cannot be conducted until the initial=20
2-year period has passed.=94
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

CONGRESS CANS A LA CARTE
Rep Nathan Deal (R-GA) announced Tuesday that he is withdrawing the a la=20
carte amendment he planned to offer when the House Commerce Committee votes=
=20
on satellite TV legislation next month. Instead, House Commerce Committee=20
Chairman Joe Barton (R-TX) and House Telecommunications Subcommittee=20
Chairman Fred Upton (R-MI) will ask the FCC to study the feasibility of an=
=20
a la carte requirement. Rep Barton told the American Cable Association that=
=20
there was not enough support for a la carte yet.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA419133?display=3DBreaking+News
(requires subscription)
Multichannel news:=20
http://www.multichannel.com/article/CA419079?display=3DBreaking+News

THE POLITICAL ENDURANCE TEST
Why, many critics ask, should people have to pay for offensive fare they=20
don't want? Why not let customers buy a =93family-friendly tier=94 of=20
programming or, better yet, customize their own family-friendly tier by=20
choosing a set number of channels on their own via the a la carte model?=20
=93Some networks would not survive in that environment,=94 says Jill=
Luckett,=20
vice president of program network policy at the National Cable &=20
Telecommunications Association. Creating a small tier of 10 or so=20
"family-friendly" channels would mean less viewers for those stations, the=
=20
cable industry argues, and advertisers would demand lower rates. That would=
=20
eventually put upward pressure on license fees, which would trickle down to=
=20
consumers. =93I just don't buy the economic-model argument,=94 says Laura=20
Mahaney, director of corporate and entertainment affairs of the Parents=20
Television Council. Rather than reduce advertising dollars for programmers,=
=20
Mahaney says niche tiers of programming (in which viewers would pay a flat=
=20
rate for a certain number of channels from an a la carte menu) could give=20
advertisers far more targeted information about viewers =97 raising what=
they=20
pay on a per-subscriber basis. It is unclear whether a la carte or=20
mini-tier legislation will become a reality at some point.
[SOURCE: Multichannel News, AUTHOR: Michael Grebb]
http://www.multichannel.com/article/CA417514?display=3DSupplement&promoc...
=3DSUPP
(requires subscription)

BARTON: CABLE INDECENCY LAW COMING
House Commerce Committee Chairman Joe Barton (R-TX) is again saying=20
publicly that he expects that the cable industry will need to comply with=20
broadcast-indecency rules in the near future. =93It=92s not something we=92r=
e=20
going to do right away, but it=92s an issue that=92s time has come, in my=20
opinion,=94 Rep Barton said in comments Tuesday to the American Cable=20
Association. =93I think we=92re approaching the time where whatever we apply=
to=20
the broadcasters in some way -- voluntarily or involuntarily -- is going to=
=20
be applied to cable. I know that causes some of you folks heartburn, and it=
=20
probably should. But you deserve to hear the truth from the chairman of the=
=20
committee.=94 Rep Barton has made the point that because cable and satellite=
=20
are viewed in more than 90 percent of U.S. homes, =93most Americans don't=20
differentiate between over-the-air and cable or satellite.=94
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA419180?display=3DBreaking+News
(requires subscription)

STATIONS SEEK PREEMPTION ASSURANCE
The Network Affiliated Stations Alliance believes that affiliation=20
agreements of all big networks but CBS "impermissibly prevent and hinder=20
affiliates from exercising discretion expressly protected" by FCC rules.=20
The television stations are seeking protection of the right-to-reject rule.=
=20
The stations say affiliates they are motivated by their desire to turn down=
=20
shows that would be "unsatisfactory or unsuitable" to local audiences or=20
when an affiliate wants to substitute programming of greater local or=20
national importance. The FCC is likely to decide on a petition from the=20
group in coming months and NASA has been lobbying for support in Congress.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA419221?display=3DBreaking+News
(requires subscription)

CENTER FOR RURAL STRATEGIES OPPOSES "AMISH IN THE CITY"
Advocates for rural America today launched a newspaper advertising campaign=
=20
taking on CBS President Leslie Moovnes and UPN television over a proposed=20
reality show, =93Amish in the City.=94 The Center for Rural Strategies, a=
small=20
nonprofit organization based in eastern Kentucky, is running a quarter-page=
=20
advertisement on the op/ed page of Wednesday Philadelphia Inquirer. The ad=
=20
criticizes Moonves and UPN for attempting to make corporate profits by=20
ridiculing Amish youth and rural Americans. The proposed show would=20
transplant Amish teens to a major metropolitan area, place temptation in=20
their path, and tape the teens=92 ensuing struggles of faith. =93What kind=
of=20
person could relish millions of viewers snickering as vulnerable Amish=20
youth are sent up by TV producers for a humiliating up-close and personal=20
fall from grace?=94 the ad asks. Last year, Rural Strategies helped organize=
=20
a national campaign to stop CBS Television from producing a reality show=20
based on =93The Beverly Hillbillies,=94 in which a rural family=92s staged=
=20
encounters with southern California affluence and pop culture would have=20
served as the plotline. CBS is owned by Viacom, which also owns UPN. =93Thes=
e=20
so-called reality show concepts demonstrate how out of touch media giants=20
like Viacom are from real issues in the United States,=94 said Dee Davis,=20
president of the Center for Rural Strategies. =93To them, rural Americans=20
have stopped being real people and become a laugh track that=92s only there=
=20
to generate corporate profits. Any indignity, even testing the religious=20
faith of young people, is just fine as long as it brings in advertising=20
revenue. Well, Viacom is wrong, again.=94 Rural America comprises 80 percent=
=20
of the land area in the United States and is home to 55 million people, or=
=20
20 percent of the U.S. population.
[SOURCE: Center for Rural Strategies Press Release]
http://www.ruralstrategies.org/amish/5.19.release.html

TELECOM

RURAL TELEPHONE EXECUTIVES LOBBY CAPITOL HILL
Members of the Organization for the Promotion and Advancement of Small=20
Telecommunications Companies (OPASTCO) are in Washington, DC this week=20
asking Congress to reform universal service. There are four points the=20
organization wants to deliver: 1) Congress should voice =93strong=20
disapproval=94 of the recommendation by the Federal-State Joint Board to=20
restrict universal service funding to one =93primary=94 phone line per=20
customer. 2) Congress should urge the FCC to adopt a universal service=20
funding methodology for new competing telecos that=92s based on their own=20
costs rather than the costs of the incumbents they compete against. 3) The=
=20
Telecom Act should be amended to assess both intrastate and interstate=20
revenue for contributions to the universal service fund; only interstate=20
revenue is assessed now. 4) The base of contributors should be broadened to=
=20
include =93all facilities-based broadband Internet access providers,=94=20
including cable modem and other broadband platforms. While in town, the=20
representatives of small, independently owned local exchange carriers will=
=20
probably also do some shopping and maybe see a show.
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)

SBC FACES POSSIBILITY OF STRIKE AS UNION GIVES 24-HOUR NOTICE
102,000 members of the Communications Workers of America may strike against=
=20
SBC Communications as early as today at 1pm (eastern). Over the last three=
=20
years, SBC has eliminated 29,000 union jobs from its core local-phone=20
business while not allowing union members to take jobs in expanding growth=
=20
areas of the company's business such as digital subscriber lines (DSL);=20
long-distance; and Wi-Fi, which provide wireless Internet connections.
[SOURCE: Wall Street Journal, AUTHOR: Almar Latour almar.latour( at )wsj.com ]
http://online.wsj.com/article/0,,SB108492424805815246,00.html?mod=3Dtoda...
s_personal_journal
(requires subscription)
SJMerc:=20
http://www.mercurynews.com/mld/mercurynews/business/technology/8701598.htm

MEDIA & POLITICS

BUSH'S SITE NECK AND NECK WITH KERRY'S IN TRAFFIC RACE
According to Nielsen/NetRatings, U.S. visitors to the Sen Kerry's campaign=
=20
Web site numbered 1.6 million last month, while President Bush's site=20
attracted 1.5 million visitors. Sen Kerry, according to Nielsen/NetRatings,=
=20
has a huge lead over President Bush in online advertising impressions, or=20
the number of times an online ad is viewed. In April, Sen Kerry's online=20
ads scored 52 million impressions to President Bush's paltry 5,000. But=20
figures for online ads sponsored by candidates' parties show Republican=20
efforts dwarfing those of Democrats, with 113 million impressions for=20
Republican National Committee-sponsored ads and 63,000 for ads sponsored by=
=20
the Democratic National Committee.
[SOURCE: C-Net|News.com, AUTHOR: Paul Festa]
http://news.com.com/2100-1028_3-5215121.html?tag=3Dnefd.hed
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/18/04

The Community Technology Centers' Network (CTCNet) invites you to join over
600 attendees from around the world in Seattle, Washington for the largest
national gathering of community technology organizations, programs, and
experts addressing technology access, information resources and
applications for underserved communities. For this and other upcoming media
policy events, see http://www.benton.org/calendar.htm

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. Headlines are compiled by
Kevin Taglang (headlines( at )benton.org) -- we welcome your comments.

TELEVISION & RADIO
TV Has Grown Up. Shouldn't FCC Rules?
Radio to Make Big Noise in Upfront

SPECTRUM
Public Safety Backs Nextel on 1.9GHz

QUICKLY
Study: Media Overload on the Rise
Privacy Protections for Use of Data Mining Technologies

TELEVISION & RADIO

TV HAS GROWN UP. SHOULDN'T FCC RULES?
In an op-ed from Sunday's Post, Clark writes, "It no longer makes any sense
to impose one set of rules on the "over-the-air" networks while cable,
Internet, satellite and music providers can send -- almost unimpeded -- all
sorts of programming directly to your living room, car, laptop and even
your cell phone." The current debate over broadcast indecency standards,
Clark argues, is woefully out of touch with the realities of the digital
world as we now know it and based on a scarcity rationale that is obsolete.
Consumers, not the government, should decide what content makes it into the
home. Clark concludes: Within the next decade it will be impossible to
distinguish between televisions and computers. More cable, satellite and
high-speed broadband means that it is only a matter of time before all
Americans get television over the Internet -- wirelessly or through a pipe
of fiber or copper. It's time to recognize that Congress and the FCC can no
longer be the nation's "public interest" nanny. Instead of trying to
preserve rules from a world that no longer exists, they would do better to
encourage the development of tools that will let us regulate ourselves.
[SOURCE: Washington Post, AUTHOR:Drew Clark]
http://www.washingtonpost.com/wp-dyn/articles/A28452-2004May14.html
(requires registration)
Also see:
FCC ACTION LEAVES FIRST AMENDMENT ON CUTTING ROOM FLOOR
[SOURCE: Media Channel, AUTHOR: Peggy Charren & Jonathan Rintels]
http://www.mediachannel.org/views/dissector/affalert197.shtml
B&C: http://www.broadcastingcable.com/article/CA418082?display=Breaking+News

RADIO TO MAKE BIG NOISE IN UPFRONT
People spend about 20 hours a week listening to radio, compared with 52
hours spent in front of the television. However, while TV receives 23% of
all advertising dollars, radio's share of ad spending is only about 8%.
Radio executives are busy figuring out how they can get a bigger share of
the advertising pie. As TV looks less appealing to advertisers because
people are watching less and skipping commercials whenever possible, some
are considering upfront ad sales for radio. The consolidation of radio
station ownership means the biggest radio companies can compete more
readily with national television networks, selling airtime for a large
group of stations across the country.
[SOURCE: Wall Street Journal, AUTHOR: Sarah McBride sarah.mcbride( at )wsj.com]
http://online.wsj.com/article/0,,SB108483479396713960,00.html?mod=todays...
(requires subscription)

SPECTRUM

PUBLIC SAFETY BACKS NEXTEL ON 1.9 GHZ
On Monday, public safety groups weighed in strongly supporting Nextel
arguments that it should get spectrum at 1.9 GHz as embraced by the
"consensus" plan, and not at 2.1 GHz proposed by the Cellular
Telecommunications & Internet Association and other wireless carriers. The
groups said they have grown "frustrated" with delays tied to the latest
rebanding debate and hope for a quick decision. Within the FCC, all eyes
seem to be on Chairman Powell concerning whether Nextel should get 1.9 GHz
vs 2.1 GHz spectrum, and other Commissioners are waiting for his decision
before they weigh in.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)

QUICKLY

STUDY: MEDIA OVERLOAD ON THE RISE
Investment banker Veronis Suhler Stevenson is predicting that by 2007 the
average American will spend 3,874 hours per year (about 10.5 hrs/day) with
the major consumer media. "Consumers have increased their time spent with
media substantially over the past 25 years, owing to the almost ubiquitous
presence of wired cable in the home, the widespread acceptance of the
Internet as a communication/education/home utility and the development of
the home video and video game markets," noted the company's "Investment
Considerations for the Communications Industry" report. But even though
media consumption has risen steadily, given the accelerated rate of media
expansion and fragmentation, some industry executives have begun wondering
whether we could reach a point where there simply is too much media. Nearly
a third (29 percent) of consumers now feel overwhelmed by the volume of
media options available to them.
[SOURCE: TelevisionWeek, AUTHOR:Joe Mandese]
http://www.tvweek.com/planning/051704study.html

PRIVACY PROTECTIONS FOR USE OF DATA MINING TECHNOLOGIES
The Technology and Privacy Advisory Committee (TAPAC) to the Pentagon,
originally formed to provide advice on the Total Information Awareness
project, has recommended new rules for government data mining projects
involving personal data -- rules that would protect both civil liberties
and national security. TAPAC's final report was issued in March but has
just become publicly available.
Safeguarding Privacy in the Fight Against Terrorism
http://www.cdt.org/security/usapatriot/20040300tapac.pdf
More on data mining: http://www.cdt.org/security/usapatriot/datamining.shtml
[SOURCE: Center for Democracy and Technology]
http://www.cdt.org/
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/17/04

This week's policy events include Congressional hearings on competition in
the communications marketplace and the CAN-SPAM Act, as well as the FCC's
Wireless Broadband Forum. For more media policy events, see
http://www.benton.org/calendar.htm

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. Headlines are compiled by
Kevin Taglang -- we welcome your comments.

TELEVISION & RADIO
FCC's Localism Task Force Public Hearing in Rapid City, South Dakota
More Money for Broadcast Networks
The Political Standard
Indecency Bill Prospects Dimming
Some A La Carte Calls Cite Net 'Porn'
Masses Tune Into HDTV
With Second Channel, FM Branches Out
NFCB Seeks Unit to Assist Native Radio

TELECOM
AT&T Is Rebuffed By Regional Bells On Arbitration
Ventures Aim to Cut Cost of Overseas Cell Calls to Pennies
Craig McCaw's Secret Plan
New Telephone Subscribership Report

FUNDING FOR INDEPENDENT PRODUCERS

TELEVISION & RADIO

FCC'S LOCALISM TASK FORCE PUBLIC HEARING IN RAPID CITY, SOUTH DAKOTA
The FCC's Localism Task Force will meet Wednesday evening May 26 in Rapid
City, South Dakota. The purpose of the hearing is to gather information
from consumers, industry, civic organizations, and others on broadcasters'
service to their local communities. An important focus of the hearing will
be to gather information and to conduct outreach for the ongoing nationwide
round of broadcast station license renewals. The designated speakers will
include representatives from consumer and advocacy groups as well as
broadcasters. The hearing format will enable members of the public to
participate via an "open microphone" session. Additional details regarding
the designated speakers, agenda, and hearing format will be announced shortly.
For additional information about the hearing or the Localism Task Force,
please visit the Task Force's website at http://www.fcc.gov/localism, or
contact the Task Force directly at 202-418-7777, or at
localism( at )fcc.gov. Press inquiries should be directed to Michelle Russo at
202-418-2358, or Meribeth McCarrick at 202-418-0654.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1380A1.doc

MORE MONEY FOR BROADCAST NETWORKS
This week, television broadcasters will introduce their 2004-5 prime-time
schedules and will be trying to charge more for ad time - even though
ratings for the 2003-4 season among viewers ages 18 to 49, the ones most
coveted by advertisers, are expected to decline about 6 percent from
2002-3. Forecasts call for an estimated revenue increase for the
broadcasters - ABC, CBS, Fox, NBC, UPN and WB - of 3 to 5%, to $9.6 billion
to $9.8 billion, from $9.3 billion sold in the upfront market in spring
2003 ahead of the 2003-4 season. By comparison, the $9.3 billion
represented an increase of 15 percent over the $8.1 billion sold in spring
2002 ahead of the 2002-3 season. "Cable TV is going to make gains year to
year because the dollars are following the eyeballs," said Andy Donchin,
executive vice president and director for national broadcast at Carat North
America in New York, referring to cable's rising viewership because of
popular series like "Monk" on USA and "Punk'd" on MTV. "But I and my fellow
buyers still see a great inherent value in broadcast network television,"
said Mr. Donchin. "It still brings a lot to the table for us." Broadcast TV
is still the place to find very large audiences. And the advertisers that
are likely to increase their spending this year are the ones who favor TV:
"big box" retailers like Lowe's, Kohl's, Wal-Mart, Target, fast food,
movies, prescription drugs and telecommunications.
[SOURCE: New York Times, AUTHOR: Stuart Elliott]
http://www.nytimes.com/2004/05/17/business/media/17adcol.html
(requires registration)
WSJ: For Big Marketers Like AmEx, TV Ads Lose Starring Role
http://online.wsj.com/article/0,,SB108474859657412894,00.html?mod=todays...
(requires subscription)

THE POLITICAL STANDARD
The Alliance for Better Campaigns is a public interest group that seeks to
improve elections by promoting campaigns in which the most useful
information reaches the greatest number of citizens in the most engaging
ways. ABC believes that broadcasters can and must use the publicly-owned
airwaves to revitalize our democracy and is working to put meaning back
into broadcasters' statutory obligation to serve the public interest. ABC
publishes an occasional magazine, The Political Standard, and this month's
issue contains a number of stories of interest for media reformers:
* Public Interest, Public Airwaves Coalition Kicks Off National Campaign at
Broadcasters' Trade Show in Vegas
Calling current local news coverage of politics and civic affairs
"pathetic" and "pitiful," Federal Communications Commissioners Michael
Copps and Jonathan Adelstein endorsed a proposal by the newly formed Public
Interest, Public Airwaves Coalition (PIPAC) that calls for stronger public
interest obligations for broadcasters.
* Network News Coverage of '04 Primaries Falls Short, Study Finds
According to a new study by the Alliance for Better Campaigns, the four
major networks (ABC, CBS, NBC and Fox) devoted just eight percent of their
news hole to election coverage in the two weeks leading up to the Super
Tuesday primaries.
* Station Groups Make Plans for 2004 Election Coverage
Five broadcast companies have pledged to provide air time for candidates on
their television stations in the fall campaign.
* On Broadcast Television, A Failure To Communicate
A message from the groups executive director, Meredith McGehee
* Why Hearst-Argyle Television Believes in Political Coverage
A piece by Candy Altman, Vice President for News at Hearst-Argyle Television
* Coalition Proposes New Guidelines for Civic Discourse As FCC Considers
Rules for Digital Broadcasters
[SOURCE: Alliance for Better Campaigns]
http://www.bettercampaigns.org/standard/display.php?IssueID=44

INDECENCY BILL PROSPECTS DIMMING
With just over a month of working days left in the current Congress,
prospects are dimming for passing legislation aimed at curbing indecent
broadcast content. The main hurdle appears to be in the Senate where John
Sununu (R-NH) will hold up the bill unto provisions to block the FCC's
relaxation of media ownership rules are removed. The odds on the bill are
now 50/50 as the memory of Janet Jackson slowing melts away.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA417967?display=Breaking+News
(requires subscription)

SOME A LA CARTE CALLS CITE NET 'PORN'
"On cable television, you've got programming that is, in essence, soft-core
pornography in the basic package, such as on MTV," says Janet M. LaRue,
chief counsel of Concerned Women for America, a 500,000-member organization
with a right-of-center agenda. Concerned Women are leading a fight in
Congress to introduce a la carte pricing of pay-TV services, allowing
consumers to pay only for the channels they want. Consumer groups are also
part of the effort, arguing that it could lower cable bills. But the cable
industry does not like the plan and is fighting against it. "Cable
television is sold as a bundle of channels, which offers the best value to
consumers," National Cable & Telecommunications Association Brian Dietz
spokesman said. "Any move toward an a la carte mandate would only result in
less choice and higher prices for consumers."
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA417950?display=Top+Stories
(requires subscription)

MASSES TUNE INTO HDTV
High definition television offers prettier pictures and better sound. And
people are starting to buy up HDTV sets. According to the Consumer
Electronics Association, manufacturer-to-dealer digital TV sales for the
first quarter of 2004 totaled 1.39 million, a 104% climb over the same
period in 2003. By 2007, nearly one-third of American households will be
tuning in to HD programs. "Two or three years ago, people were calling HDTV
a failure," says Gary Shapiro, chief executive of the CEA. Today, Shapiro
says, "I have very little worries." The price of HDTV sets are falling
10-30% per year and more HDTV content is available: As of late February,
CBS was airing 27 hours a week of its usual programming in HD, not counting
specials. NBC and ABC were broadcasting 21 hours and 13 hours of usual
programming, respectively.
[SOURCE: USAToday, AUTHOR:Edward C. Baig]
http://www.usatoday.com/usatonline/20040517/6206905s.htm

WITH SECOND CHANNEL, FM BRANCHES OUT
As the FCC considers rule for digital radio, stations are beginning to
think about how they will use the technology to serve their communities.
Digital radio technology allows broadcasters to split one FM channel into
two. Stations' plans to use the second channel include more musical
programming, re-airing local programming at different times, running longer
versions of interviews used in shows, serving foreign-language audiences
and neighborhood-targeted programming for young people. National Public
Radio pioneered the technology under the name Tomorrow Radio and is helping
to introduce it to both stations and listeners. Assuming the FCC approves
the signal split, NPR will provide two free streams for stations: Classical
Public Radio Network and a news/talk stream still in development with help
from Public Radio Program Directors Association.
[SOURCE: Current, AUTHOR: Mike Janssen]
(http://www.current.org/)

NFCB SEEKS UNIT TO ASSIST NATIVE RADIO
The National Federation of Community Broadcasters has asked the Corporation
for Public Broadcasting for more than $1 million to establish a Center for
Native Radio to seek out nontraditional funding sources for the
approximately 30 radio stations serving Native American audiences. The
center would help very small radio stations with grant applications and
technical support. Traditional funding models for public radio stations --
membership drives and underwriting campaigns -- simply don't work at
reservation-based stations, said Carol Pierson, president of NFCB,
explaining the need for the center. The populations are too small and too
rural, businesses and industry are lacking, unemployment is usually rampant
and the more educated people tend to move away.
[SOURCE: Current, AUTHOR: Geneva Colins]
http://www.current.org/minority/minority0408native.shtml

TELECOM

AT&T IS REBUFFED BY REGIONAL BELLS ON ARBITRATION
On Friday, AT&T Chief Executive David Dorman said the company is
"frustrated by the lack of progress in negotiations to date," and called
for the use of arbitration to break the impasse with Baby Bells. Parties to
arbitration must abide by the final agreement. But the Bells have rebuffed
the proposal. Mark Cooper of the Consumer Federation of America backed
AT&T's call for arbitration. The group is concerned that higher wholesale
rates could raise prices for consumers or price Bell competitors out of the
market. "AT&T has realized that the Bells are not interested in a
reasonable solution and has upped the ante by proposing binding
arbitration," Mr. Cooper said. "This approach can provide the needed
breakthrough that levels the playing field among competitors and ensures
long-term competition to the benefit of consumers."
[SOURCE: Wall Street Journal, AUTHOR: Mark Wigfield
mark.wigfield( at )dowjones.com ]
http://online.wsj.com/article/0,,SB108458420969712296,00.html?mod=todays...
(requires subscription)

VENTURES AIM TO CUT COST OF OVERSEAS CELL CALLS TO PENNIES
Internet telephone services are coming to cell phones now and could greatly
reduce the costs of making wireless international calls. "It puts the
cellphone providers under attack for the first time," said Rick Scherle,
vice president for marketing at i2Telecom. "The land-line guys have been
wrestling this technology," he said. "We're telling the cellphone guys that
you have to grapple with it now, too." Cellphone calls to London, for
example, are usually $1.75/minute. Using InternetTalker, a cellphone user
would pay just the price of a local call plus three cents per minute.
[SOURCE: New York Times, AUTHOR: Ken Belson & Matt Richtel]
http://www.nytimes.com/2004/05/17/business/17voip.html
(requires registration)

CRAIG MCCAW'S SECRET PLAN
What's Craig McCaw up to? This is the talk of the telecom industry. The man
who put together the first nationwide cellular company -- and sold it to
AT&T for $11.5 billion -- is now buying companies in the wireless broadband
sector. Over the next two years, the costs of wireless broadband are
expected to drop to the point where it can be competitive -- anyplace in
the country -- with traditional wired service from cable and telephone
companies. With the radio licenses he's purchased, Mr McCaw could offer
coast-to-coast Net service at speeds roughly the same as today's broadband.
Insiders say he may soon be offering wireless broadband Internet access
with local and long distance phone service bundled in for $40-$50/month --
a similar bundle from a telephone company costs consumers $100/month now.
[SOURCE: BusinessWeek, AUTHOR: Andrew Park]
http://www.businessweek.com/magazine/content/04_21/b3884110_mz063.htm

NEW TELEPHONE SUBSCRIBERSHIP REPORT
On Friday, the FCC released its latest report on telephone subscribership
levels in the United States, showing that approximately 94.7% of all
households had telephone service. The report presents subscribership
statistics based on the Current Population Survey (CPS) conducted by the
Census Bureau in November 2003. The report also shows subscribership
levels by state, income level, race, age, household size, and employment
status. Highlights include: 1) The telephone penetration rate was 79.4% for
households with annual incomes below $5,000, while the rate for households
with incomes over $75,000 was 98.4%. 2) By state, the penetration rates
ranged from a low of 89.7% in Arkansas to a high of 98.0% in Maine. 3)
Households headed by whites had a penetration rate of 95.5%, while those
headed by blacks had a rate of 89.7% and those headed by Hispanics had a
rate of 90.5%. 4) By age, penetration rates ranged from 86.5% for
households headed by a person under 25 to 97.0% for households headed by a
person over 70. 5) Households with one person had a penetration rate of
91.7%, compared to a rate of 96.2% for households with four or five
persons. 6)The penetration rate for unemployed adults was 92.2%, while the
rate for employed adults was 95.9%.
This report is updated three times a year and is available online from the
FCC-State Link Internet site at http://www.fcc.gov/wcb/iatd/stats.html. For
more information contact Alexander Belinfante at (202) 418-0944
[SOURCE: FCC]
(http://www.fcc.gov)

FUNDING FOR INDEPENDENT PRODUCERS

LOCAL INDEPENDENTS COLLABORATING WITH STATIONS (LInCS) FUND provides
incentive or matching moneys ($10,000-$75,000) to partnerships between
public television stations and independent producers. Single shows in any
genre (including documentary, drama, animation or innovative combinations)
will be considered. Projects may be in any stage of development. Deadline
for applications is May 26. For additional information email
Elizabeth_Meyer( at )itvs.org or call 415-356-8383 x270.
[SOURCE: Independent Television Service]
http://www.itvs.org/producers/funding.html
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/14/04

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

BROADCASTING & TELEVISION
Wireless Broadband Services Using Vacant TV Channels
Speeding the DTV Transition
FCC Indecency Rules Harming Adults and Children
How Big Can Comcast Grow?
TV Ratings, Minorities and a Study in Futility
Minority Media & Telecommunications Council Opposes a la Carte
Satellite Broadcasting & Communications Association to Stations: Use It or=
=20
Lose It

TELECOM
Bush Doesn't Want Telecom Win to Backfire
Telecom Rules Are Proposed
About 2.6 Million U.S. Consumers Move Phone Numbers

QUICKLY
FEC Declines to Curb Independent Fund-Raisers
Court Takes Gag off Antispam Service

BROADCASTING & TELEVISION

WIRELESS BROADBAND SERVICES USING VACANT TV CHANNELS
In an initiative to increase the use of radio spectrum to provide greater=20
service to the American public, the FCC Thursday proposed to allow=20
unlicensed devices to operate in the broadcast television spectrum at=20
locations where the spectrum is not in use by television stations. In=20
order to ensure that no interference is caused to TV stations and their=20
viewers, the Commission proposed to require unlicensed devices to=20
incorporate "smart radio" features to identify unused TV channels. These=20
proposals advanced by the Commission are intended to allow the development=
=20
of new and innovative types of unlicensed broadband devices and services=20
for businesses and consumers by utilizing vacant spectrum that is=20
particularly well suited for these purposes. Due to the physics of signal=
=20
propagation, transmissions in the TV band can travel farther and can better=
=20
penetrate into buildings than transmissions in the spectrum where existing=
=20
unlicensed wireless broadband operations are permitted. As a result,=20
allowing unlicensed operations in the TV bands could benefit wireless=20
Internet service customers by extending the service range of current=20
providers' (WISPs) existing operations, particularly in rural and=20
underserved areas. The Commission believes that by carefully tailoring=20
this initiative to protect incumbent television service, it provides a=20
balanced proposal for the American public, for WISPs and for television=20
station operators. These proposals also have the potential to provide=20
benefits to broadcasters as well, as they may facilitate the provision of=20
interactive TV services.
The proposal does not come without opposition. "We have serious concerns=20
that the introduction of unlicensed devices into the television band could=
=20
result in unforeseen interference in broadcast service to millions of=20
television viewers," said National Association of Broadcasters President=20
Edward Fritts. "Someone could start making money in a way we did not think=
=20
of," added Benton's Headlines editor.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247169A1.doc
See coverage by:
Reuters:=20
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D5...
71&pageNumber=3D0
B&C: http://www.broadcastingcable.com/article/CA417287?display=3DBreaking+Ne=
ws
Multichannel News:=20
http://www.multichannel.com/article/CA417186?display=3DBreaking+News
New America Foundation/Media Access Project Press release in support of=
action:
http://www.mediaaccess.org/press/NAFMAP_Release51304.pdf
WSJ:=20
http://online.wsj.com/article/0,,SB108448269759511064,00.html?mod=3Dtoda...
s_marketplace
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-fcc14may14,1,4647583....
y?coll=3Dla-headlines-pe-business

SPEEDING THE DTV TRANSITION
The New America Spectrum Policy team has released an issue brief outlining=
=20
the organization's proposal to speed the transition from analog to digital=
=20
television technology. The New America plan calls for 1) ending analog=20
broadcasts and returning spectrum by January 1, 2008, 2) allocating=20
returned spectrum for public safety, licensed and unlicensed use, 3)=20
scheduling spectrum auctions for the licensed portion for 2006, 4) using a=
=20
fraction of auction revenue to subsidize consumers switch to digital TV=20
(either set-top convertors, new digital TV sets or cable/satellite boxes),=
=20
5) beginning digital must carry on January 1, 2008 and 6) translating=20
broadcasters' public interest obligations to the digital environment. The=20
"producer subsidy" program adopted by the FCC is the 1990s is not working,=
=20
the authors conclude; it is time to try a "consumer subsidy" program.
[SOURCE: New America Foundation, AUTHOR: J.H. Snider and Michael Calabrese]
http://www.newamerica.net/Download_Docs/pdfs/Pub_File_1575_1.pdf

FCC INDECENCY RULES HARMING ADULTS AND CHILDREN
Creative, original, challenging, controversial, non-homogenized decent and=
=20
appropriate programming, already in short supply on television, is severely=
=20
endangered by the FCC=92s overly-broad, vague new indecency rules, write=20
Center for Creative Voices in Media (CCVM) Executive Director Jonathan=20
Rintels and CCVM Advisory Board Member Peggy Charren, the founder of Action=
=20
for Children=92s Television, in a May 11th letter to FCC Chairman Michael=20
Powell asking that the Commission reconsider its new indecency rules. The=20
letter notes the new, significantly expanded regulation of creative content=
=20
by the FCC, as articulated in its Golden Globes decision on Bono=92s=20
impromptu use of the F-word and the support of the new policy on the=20
grounds that it is necessary to protect =AD and in the best interests of --=
=20
America=92s children. But the Golden Globes =91cure=92 for indecent=
programming=20
is proving worse than the disease, the letter states. It goes too far and=20
is by no means the least restrictive alternative available for the problem=
=20
of indecent programming. It does not serve the public=92s interest =AD=20
including the interest of America=92s children -- in a vibrant and diverse=
=20
media.
See a link to the letter at the URL below.
[SOURCE: Center for Creative Voices in Media]
http://www.creativevoices.us/php-bin/news/showArticle.php?id=3D85&PHPSES...
=3D2bcc8a60ce5c18e364c5b47a9d8f230f

HOW BIG CAN COMCAST GROW?
A coalition of consumer groups led by the Media Access Project has asked=20
the FCC to block any acquisitions by cable giant Comcast until a cable=20
ownership cap has been decided. The FCC is required by law to set a cap for=
=20
cable ownership, but has been lax in doing so. Schwab Capital Markets=20
analyst Paul Gallant, former media aide to FCC Chairman Powell and an=20
architect of the FCC=92s broadcast media ownership rules, said media=20
consolidation issues are less predictable at the FCC than they used to be.=
=20
=93But I anticipate the Commission would approve a Comcast-Adelphia merger,=
=20
subject to compliance with its ultimate decision on a new cable cap. It=20
could be difficult for the mergers=92 opponents to establish consumer harm=
=20
through a 5% increase in Comcast=92s size.=94 An underlying issue is=20
programming. Does the size of Comcast or rival Time Warner create any=20
impediments to programming reaching an audience? The industry argues "no"=20
because of competition from satellite. Consumer groups disagree; they say=20
cable has a stranglehold over program distribution.
[SOURCE: Communications Daily, AUTHOR: Brigitte Greenberg]
(Not available online)

TV RATINGS, MINORITIES AND A STUDY IN FUTILITY
More than a month after announcing the creation of a task force to=20
investigate complaints about the way it plans to gather local television=20
ratings, Nielsen Media Research has yet to appoint a single task force=20
member. Congressman Charles Rangel (D-NY) has sent the company a list of=20
about 50 people who have expressed interest in serving on the task force,=20
many of them blacks and Hispanics working in the advertising and media=20
industries. Nielsen is claiming that the company has nothing to do with the=
=20
task force and is awaiting appointments by Rep Rangel.
[SOURCE: New York Times, AUTHOR: Raymond Hernandez]
http://www.nytimes.com/2004/05/14/business/media/14nielsen.html
(requires registration)

MINORITY MEDIA & TELECOMMUNICATIONS COUNCIL OPPOSES A LA CARTE
In a letter to key Members of Congress, including House Commerce Committee=
=20
Chairman Joe Barton (R-TX), ranking member John Dingell (D-MI), and Senate=
=20
Commerce Chairman John McCain (R-AZ), Minority Media & Telecommunications=20
Council Executive Director David Honig said that a requirement that cable=20
systems offer their service a la Carte, with subscribers able to build=20
their own lineups, would hurt diversity. "By locking in the current channel=
=20
lineup and locking out new multicultural channels," he said, "a la carte=20
would unintentionally deprive the next generation of viewers of a broad=20
spectrum of programming and opinions." He pointed out in the letter that=20
since the cable industry is using the same argument against a la carte,=20
i.e. that it would disadvantage the multicultural channels on their=20
systems, they should pledge to make sure that their basic and expanded=20
basic tiers include "channels provided by minority-controlled companies and=
=20
feature channels provided by companies that embrace diversity in their=20
workforces."
See MMTC statement at http://mmtconline.org/pr/MMTCalacarte.pdf
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA417180?display=3DBreaking+News
(requires subscription)

SATELLITE BROADCASTING & COMMUNICATIONS ASSOCIATION TO STATIONS: USE IT OR=
=20
LOSE IT
Speaking at a Media Institute luncheon audience in Washington, Richard=20
DalBello, the new president of the Satellite Broadcasting & Communications=
=20
Association, told broadcasters that satellite operators would like to=20
borrow the customers broadcasters are serving with digital TV signals. The=
=20
satellite industry wants to secure the right to import HDTV signals in=20
markets where subscribers can't get a similar signal from a local=20
broadcaster. Broadcasters oppose the move. The proposal is one change Mr.=20
DalBello would like to see in the Satellite Home Viewer Improvement Act=20
moving through Congress, although he admitted the change is unlikely to be=
=20
made.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA417256?display=3DBreaking+News
(requires subscription)

TELECOM

BUSH DOESN'T WANT TELECOM WIN TO BACKFIRE
Could local phone competition become a 2004 Presidential election issue?=20
The Bush campaign hopes not. FCC Chairman Powell has a victory of sorts=20
when a federal appeals court threw out FCC rules that required the Baby=20
Bells to lease their local phone system to rivals at cut-rate prices (the=20
rules were passed without his support). But absent those rules, the baby=20
Bells are looking to raise the rates they charge competitors and those=20
companies are likely to pass those rate hikes on to consumers. Now, the=20
Republican majority at the FCC, as well as Michael Gallagher, the Commerce=
=20
Department's acting assistant secretary for communications and information,=
=20
are applying intense pressure to the nation's biggest phone companies to=20
quickly reach a resolution that keeps a lid on rates short-term. It also=20
would avoid a Supreme Court appeal that would prolong the uncertainty.=20
"They don't want a war within the Republican majority of the FCC, an=20
advertising fight between the Baby Bells and their rivals or, worst of all,=
=20
telephone prices going up," says Mark Cooper, research director for the=20
Consumer Federation of America, a nonprofit group in Washington. "Any of=20
these has a political cost."
[SOURCE: Wall Street Journal, AUTHOR: AnneMarie Squeo=20
annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB108448745878411279,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

TELECOM RULES ARE PROPOSED
For four years, California Public Utilities Commission Chairman Carl Wood=20
has been trying to adopt a telecom consumer bill of rights to protect=20
Californians against questionable practices by telephone companies. The=20
proposal has been tweaked a number of times to gain a majority on the PUC=20
and a final version of the proposal was to be voted on May 27. But two=20
commissioners, one who had been seen as supporting Chairman Wood's=20
proposal, have offered alternative plans late in the game that put the bill=
=20
of rights in jeopardy.
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-telecom14may14,1,6813...
story?coll=3Dla-headlines-pe-business

ABOUT 2.6 MILLION U.S. CONSUMERS MOVE PHONE NUMBERS
Roughly 2.6 million U.S. consumers have moved their telephone number=20
between wireless carriers or between a wireless phone and a home telephone=
=20
since November.
[SOURCE: Reuters, AUTHOR: Jeremy Pelofsky]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DSPJGDKWF5FRYYCRBAE...
Y?type=3DtechnologyNews&storyID=3D5138540
FCC release:=
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247162A1.doc
WSJ: 'Portability' Hasn't Boosted Churn, FCC Official Says
http://online.wsj.com/article/0,,SB108447278806210811,00.html?mod=3Dtoda...
s_marketplace

QUICKLY

FEC DECLINES TO CURB INDEPENDENT FUND-RAISERS
Just when you thought soft money was out of elections, the Federal Election=
=20
Commission has decided to let it back in. 527 committees, named for the=20
section of the tax code that covers them, can continue to raise and spend=20
money in the 2004 election after the FEC refused to put spending limits on=
=20
these independent political groups. Campaign finance experts called the=20
commission's decision its most significant one so far concerning a sweeping=
=20
new campaign finance law enacted by Congress in 2002. The law banned=20
federal candidates and national political parties from collecting soft=20
money, which grew into the hundreds of millions and was a primary source of=
=20
support in the last presidential race. "The commission has failed to close=
=20
a loophole that dangerously undermines the purpose of the federal campaign=
=20
finance laws," said Sens John McCain (R-AZ) and Russ Feingold (D-WI) in a=20
joint statement. "As a result, a flood of soft money will enter the system=
=20
which will violate the letter and the spirit of the law."
[SOURCE: New York Times, AUTHOR: ]
http://www.nytimes.com/2004/05/14/politics/campaign/14fec.html
(requires registration)
WP: http://www.washingtonpost.com/wp-dyn/articles/A24033-2004May13.html
WSJ:=20
http://online.wsj.com/article/0,,SB108446576670510669,00.html?mod=3Dtoda...
s_page_one

COURT TAKES GAG OFF ANTISPAM SERVICE
U.S. District Court Judge Saundra Brown Armstrong has rescinded a temporary=
=20
restraining order against antispam operation SpamCop, in an early blow to a=
=20
case brought by self-professed "Spam King" Scott Richter. SpamCop may again=
=20
transmit complaints it receives about Mr. Richter's OptIn (and its=20
subsidiaries, divisions, companies, etc.) to ISPs.
[SOURCE: C-Net|News.com, AUTHOR: Stefanie Olsen ]
http://news.com.com/2100-1024_3-5212233.html?tag=3Dnefd.top
--------------------------------------------------------------
Have a great weekend; we'll be back on Monday.
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/13/04

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

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.

BROADCASTING
NBC Universal Is Born
One Man's Campaign To Rid Radio of Smut Is Finally Paying Off
FCC May Let Wi-Fi Go Between TV Signals
FCC to Study Who Is Broadcast-Only
Public Radio Stations Begin Digital Transition

TELECOMMUNICATIONS
Telecommunications Policy Review: A View from Industry
Doubts Linger on Bells' Success
AT&T Wireless Has Four Times as Many Customer Complaints as Verizon

COPYRIGHT
H.R. 107, The Digital Media Consumers' Rights Act of 2003
Hatch Slams Dish Divide

INTERNET GOVERNANCE
Global Forum on Internet Governance
The Complicated World of ICANN =AD Part One

QUICKLY
Advertisers Bid, You Click, They Pay
Cell-Phone Camera Snoop Ban Advances in Congress
Media Literacy Grant to Girls Inc
Job Openings

BROADCASTING

NBC UNIVERSAL IS BORN
It is official. The $5.4 billion NBC-Vivendi Universal merger -- into NBC=20
Universal -- was completed Wednesday. The new company comprises the NBC TV=
=20
Network, the Universal Film Studio, an array of news and entertainment=20
networks, including MSNBC, CNBC, USA, Sci-Fi, Bravo and Telemundo, as well=
=20
as 29 owned and operated local TV stations and a theme parks division. Bob=
=20
Wright will head the new company as chairman and CEO and retain his title=20
as vice chairman of parent company General Electric. Expected 2005 revenues=
=20
for the new company are $15 million. GE owns 80% of the new company;=20
Vivendi Universal owns 20%.
[SOURCE: Broadcasting&Cable, AUTHOR: Steve McClellan & John Eggerton]
http://www.broadcastingcable.com/article/CA416880?display=3DBreaking+News
(requires subscription)
WP: http://www.washingtonpost.com/wp-dyn/articles/A22433-2004May12.html
USAToday: NBC signs long-term deals with stalwarts [Dick Wolf & Tom Brokaw]
http://www.usatoday.com/usatonline/20040513/6198492s.htm
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-nbc13may13,1,841899.s...
?coll=3Dla-headlines-pe-business

ONE MAN'S CAMPAIGN TO RID RADIO OF SMUT IS FINALLY PAYING OFF
A look at David Smith's crusade against Mancow's Morning Madhouse, a=20
morning drive radio program out of Chicago. Since 1999, Mr. Smith has sent=
=20
the FCC more than 70 complaints about Mancow's humor which he believes is=20
indecent. They have resulted in $42,000 in fines that Erich "Mancow"=20
Muller's employer insists he pay. And so far, the FCC, behind in its work,=
=20
has only waded through his complaints up to July 2002. Half of them are=20
still pending. This article tracks how Mr. Smith has changed the Madcow=20
show, but also reveals how indecency enforcement works at the FCC -- and=20
how one particularly aggressive member of the community can have enormous=20
influence. Mancow's Morning Madhouse was the number 1 morning radio show in=
=20
Chicago. After Mr. Muller toned down his show, it has fallen to #4. And Mr.=
=20
Muller has sued Mr. Smith for harassment.
[SOURCE: Wall Street Journal, AUTHOR: Sarah McBride at=
sarah.mcbride( at )wsj.com]
http://online.wsj.com/article/0,,SB108441349000710328,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

FCC MAY LET WI-FI GO BETWEEN TV SIGNALS
The FCC is expected to propose rules today that would allow unlicensed=20
wireless services to use vacant airwaves between TV stations as long as the=
=20
wireless services do not cause interference. Providers and equipment makers=
=20
can't wait to start using the TV spectrum, which is in lower-frequency=20
bands that let signals travel farther and better penetrate buildings and=20
foliage. That means more seamless service -- and lower costs, because fewer=
=20
antennas are needed. ''This (spectrum) is beachfront property,'' says=20
Peter Pitsch, communications policy director for Intel, a Wi-Fi chip maker.=
=20
''In rural areas where the nearest broadcaster is 100 miles away, you could=
=20
crank the power up and provide very low-cost wireless broadband service.=20
The National Association of Broadcasters is warning of interference. But=20
Michael Calabrese of the New American Foundation, which promotes=20
competition, says interference fears are a smokescreen. Broadcasters, he=20
says, are eyeing the vacant spectrum to offer new subscription TV or other=
=20
services. The NAB denies its members are trying to make money.
[SOURCE: USAToday, AUTHOR: Paul Davidson]
http://www.usatoday.com/usatonline/20040513/6198493s.htm
For more on today's FCC meeting, see
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246980A1.doc

FCC TO STUDY WHO IS BROADCAST-ONLY
As part of the plan to speed the transition to digital-only broadcasting,=20
the FCC is planning to release a Public Notice soon seeking information on=
=20
the number of TV households that rely solely on free, over-the-air=20
broadcasting. =93Particularly, we=92d like to know more of the facts about=
who=20
these people are, what the demographics are, where they are, all of this=20
stuff,=94 said FCC Media Bureau Chief Kenneth Ferree at a New America=20
Foundation event. Currently, the Commission has only a lot of =93informed=20
guesswork=94 about the 15% of so-called =93granny=94 TV watchers who won=92t=
update=20
analog sets. Han Hege, Director of Medienanstalt Berlin-Brandenburg, told=20
luncheon attendees how Berlin used consumer subsidies to accomplish a=20
9-month DTV transition. =93We anticipated much more protest,=94 Hege said.=
The=20
success was achieved
by maintaining consumer choice of platforms and reducing the dependence of=
=20
broadcasters on cable and satellite, he said. As a result, 2/3 of former=20
analog over-the-air households switched to DTV and 1/3 to cable and=20
satellite. In addition, 86% of households were satisfied or very satisfied=
=20
with the transition, he said.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA417064?display=3DBreaking+News
(requires subscription)
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

PUBLIC RADIO STATIONS BEGIN DIGITAL TRANSITION
Earlier this week, the Corporation for Public Broadcasting (CPB) announced=
=20
grants totaling more than $2.3 million to help 29 additional public radio=20
stations, including 19 serving rural and minority audiences, purchase the=20
equipment needed to transition to digital radio. Digital radio will bring=20
exciting advances in radio broadcast technology that could increase=20
significantly the quality and scope of program services, as well as to=20
provide richer quality sound than is currently available. CPB is=20
encouraging and supporting the early adoption of this promising new=20
technology by providing matching funds to eligible stations. The=20
announcement marks the third round of grants to assist local public radio=20
stations in making the digital transition. Last month, CPB announced=20
digital grants to 76 public radio stations serving 32 states and=20
territories. Also, the CPB Board of Directors recently approved a plan=20
(based on management recommendations and a consultation with a joint=20
industry panel) for allocating nearly $50 million in special fiscal year=20
2004 digital transition funds provided by Congress. This action will set=20
aside more than $4 million to fund efforts to create digital content and=20
services for public television (the first time such funding has been=20
available); $30 million will support public television activities; the=20
remaining $15 million will support public radio.
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=3D355

TELECOMMUNICATIONS

TELECOMMUNICATIONS POLICY REVIEW: A VIEW FROM INDUSTRY
At the third hearing on revisiting the Telecom Act of 1996, Ivan=20
Seidenberg, Chairman and CEO of Verizon, warned the Senate Commerce=20
Committee that his company might not continue to invest in broadband if=20
regulations is not "straightened out." He asked Congress to adopt a=20
=93market-based=94 policy that, among other things, eliminated =93price=20
controls.=94 Telecom services are becoming more national in scope and yet=20
=93there are 53 jurisdictions setting prices=94 and terms, which is =93going=
to=20
continue to disadvantage the formation of broadband networks,=94 Mr.=20
Seidenberg said.
Comcast CEO Brian Roberts does not want to see a major overhaul of US=20
telecommunications law; his company is making too much darn money as it is?=
=20
"We're having problems storing all this cash," Mr. Roberts never said. =93To=
=20
do a massive rewrite of the Telecommunications Act, I think, would create=20
nothing but instability [and] would destabilize capital markets,=94 is what=
=20
Mr. Roberts actually told the Senate Commerce Committee Wednesday. Mr.=20
Roberts did speak in favor of Sen John Sununu's (R-NH) legislation that=20
would bar states from regulating voice-over-Internet-protocol services=20
(VoIP) since that will help with Comcast's rollout of those services in=20
three cities this year. =93We hope these policies will not have to await a=
=20
comprehensive rewrite of the Telecommunications Act,=94 he said. =93We need=
=20
them sooner rather than later.=94
[SOURCE: US Senate]
http://commerce.senate.gov/hearings/witnesslist.cfm?id=3D1187
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA416963?display=3DBreaking+News
(requires subscription)
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)

DOUBTS LINGER ON BELL'S SUCCESS
To avoid taking local phone competition rules to the Supreme Court, FCC=20
Chairman Michael Powell called on Baby Bells and competitors to negotiate=20
access to local networks. But with a June 15 deadline looming for existing=
=20
phone competition rules, federal policymakers are skeptical those=20
negotiations will work. Chairman Powell wants to devise interim rules. But=
=20
Michael D. Gallagher, head of the National Telecommunications and=20
Information Administration, wants to push mediation to reach settlements.=20
The companies involved agree there will be some increase in the price for=20
leasing phone lines. But in California, SBC wants that increase to be=20
$8/month while competitors like AT&T think $3/month is more reasonable. At=
=20
stake for consumers is the $10 billion a year in savings through lower=20
prices and more choices of carriers that competition has brought.
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-phones13may13,1,19101...
tory?coll=3Dla-headlines-pe-business

AT&T WIRELESS HAS FOUR TIMES AS MANY CUSTOMER COMPLAINTS AS VERIZON
Records obtained by Consumers Union through the Freedom of Information Act=
=20
show AT&T Wireless has the highest number of complaints per subscriber of=20
the top six wireless companies, and that consumers in general complained=20
most about billing problems, service quality and transferring their phone=20
numbers when switching companies. =93The data is significant because the=20
Federal Communications Commission does not report complaints so that=20
consumers can look at each company=92s track record when shopping for cell=
=20
phone service,=94 said Janee Briesemeister, campaign manager for=20
www.EscapeCellHell.org, a project of Consumers Union, publisher of Consumer=
=20
Reports. Of the more than 20,000 complaints filed in 2003, AT&T Wireless=20
ranked first among the top six carriers both on a total complaint basis and=
=20
in complaints adjusted for market share. Verizon had the fewest complaints=
=20
per subscriber of the major carriers, which is consistent with Consumer=20
Reports=92 February 2004 analysis that found the company at the top in the=
12=20
metro areas surveyed. For all of the six national cell phone companies,=20
consumers complained the most about billing problems. Complaints about=20
transferring their phone numbers, service quality, contracts and marketing=
=20
were close behind. "Consumers want to know which companies are generating=20
the most complaints about billing, service and coverage before they sign a=
=20
long-term contract,=94 Briesemeister said. =93Companies will have an=
incentive=20
to improve if they know consumers can check out their service=20
records.=94 Even though the FCC =AD which currently is the only regulatory=
=20
agency overseeing wireless service =AD fields consumer complaints, it does=
=20
not disclose that information to help shoppers make informed decisions.=20
Consumers Union is pushing legislation in several states, most notably=20
California, that would give state regulators, not just the FCC, the ability=
=20
to deal with customer complaints about the wireless industry.
[SOURCE: Consumers Union Press Release]
http://www.consumersunion.org/pub/campaigncellhell/001079.html#more

COPYRIGHT

H.R. 107, THE DIGITAL MEDIA CONSUMERS' RIGHTS ACT OF 2003
The debate on copyright law vs fair use moved to the House Subcommittee on=
=20
Commerce, Trade, and Consumer Protection Wednesday. The debate centers on=20
whether regulation should focus on technology or behavior. As an analogy,=20
Gary Shapiro, President and CEO of the Consumer Electronics Association,=20
noted that Congress does not regulate the speed of cars; instead, speed=20
limits are set and law officers enforce those limits. The content=20
industries are arguing that consumers do not have the right to make back-up=
=20
copies of music and movies -- and that software and hardware that allow=20
people to make copies can be abused to make bootleg copies for sale.
H.R. 107, The Digital Media Consumers' Rights Act of 2003, has some support=
=20
in the House and would permit fair use copies of content, but there's not=20
much support on the House Judiciary Committee which has jurisdiction.
[SOURCE: House of Representatives]
http://energycommerce.house.gov/108/Hearings/05122004hearing1265/hearing...
[SOURCE: Communications Daily, AUTHOR: Patrick Ross]
(Not available online)
WP: http://www.washingtonpost.com/wp-dyn/articles/A22479-2004May12.html
News.com: http://news.com.com/2100-1025_3-5211674.html?tag=3Dnefd.top

HATCH SLAMS DISH DIVIDE
Senate Judiciary Committee Chairman Orrin Hatch (R-UT) has joined other=20
Members of Congress who oppose Echostar's policy of relegating some local=20
broadcast channels to a second-dish that subscribers in some markets must=20
install to get all their local channels. "I believe that the Senate should=
=20
prohibit the discriminatory placement of certain stations on a second=20
satellite, requiring subscribers to obtain a second dish to receive them,"=
=20
Sen Hatch said during a hearing on the satellite bill Wednesday. "I am=20
particularly concerned that Spanish-language, religious, and public=20
broadcast stations have been singled out for this treatment."
Sen Hatch also said DBS providers should see copyright royalty increases,=20
and the Senate should consider the House Judiciary Committee approach in=20
which a Copyright Arbitration Royalty Panel (CARP) determines the rate. But=
=20
Sen Hatch also said Congress should begin to devise a way to create equity=
=20
between cable and DBS on copyright issues.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA417080?display=3DBreaking+News
(requires subscription)
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

INTERNET GOVERNANCE

GLOBAL FORUM ON INTERNET GOVERNANCE
A global forum on Internet governance organized by the United Nations March=
=20
25-27 was the most open and inclusive platform for addressing Internet=20
governance issues to date but time was too short to disaggregate the=20
various areas of policy and regulation that are loosely grouped under=20
=93Internet governance=94. There are fundamental concerns around the=20
accountability and legitimacy of current Internet governance structures,=20
but at the same time the overall tone is =93if it ain't broke, don't fix=
it=94.=20
But not everyone agrees on what is broken, nor on what fixing might=20
involve. The challenges the Global Forum faced will now be faced by the=20
working group which will take work forward to the next UN World Summit in=20
2005. The dilemma lies in having to both expand, and shrink the scope of=20
=93Internet governance=94, to get to practical proposals that also address=
=20
broader concerns. And it has to work in a way that is inclusive of=20
different stakeholders and perspectives, and actively tackles discontent=20
instead of glossing over it, says APC.
[SOURCE: Association for Progressive Communications]
http://www.apc.org/english/news/index.shtml?x=3D18720

THE COMPLICATED WORLD OF ICANN -- PART ONE
The Internet Corporation for Assigned Names and Numbers (ICANN) - the body=
=20
that's responsible for managing the registration and distribution system of=
=20
domain names in the Internet - held its first meeting of 2004 March 2-6.=20
More than 600 people from different countries took part in 27 fora. In=20
attendance was Carlos Afonso, planning director of APC's Brazilian member=20
organization, RITS. His report is a help anyone trying to understand=20
Internet governance issues.
Available in both English and Spanish.
[SOURCE: Association for Progressive Communications, AUTHOR: Carlos A.=20
Afonso is RITS=92s Director of Planning and Strategy]
(http://www.aivf.org/independent/index.html)

QUICKLY

ADVERTISERS BID, YOU CLICK, THEY PAY
How does Google make money? Through a system known as pay-per-click,=20
advertisers pay Google a fee, equal to their bids on keywords, each time a=
=20
computer user doing a search clicks on one of their ads. Last year, those=20
clicks generated about 95 percent of the company's nearly $1 billion in=20
revenue. To find buyers online for its computers, cameras and other=20
products, for example, Gateway spends millions of dollars quarterly on=20
Google. One day last week, Gateway's bidding for the words "digital camera"=
=20
averaged about 75 cents, while its bidding on the plural, "digital=20
cameras," averaged $1.08. Plural terms often cost more because consumers=20
using them in searches are more likely to end up as buyers.
There's lots more at the URL below.
[SOURCE: Washington Post, AUTHOR: David A. Vise]
http://www.washingtonpost.com/wp-dyn/articles/A22435-2004May12.html
(requires registration)
Also see:
GOOGLE SHOWS HOW SCHOOLS TURN RESEARCH INTO BIG BUCKS
[SOURCE: USAToday, AUTHOR: Jim Hopkins]
http://www.usatoday.com/usatonline/20040513/6198511s.htm

CELL-PHONE CAMERA SNOOP BAN ADVANCES IN CONGRESS
By voice vote, the House Judiciary Committee approved the Video Voyeurism=20
Prevention Act on Wednesday, a bill that would outlaw "upskirt" photos and=
=20
other forms of video voyeurism made possible by cell-phone cameras and=20
other miniaturized technology. The legislation would prohibit taking covert=
=20
pictures in locker rooms, bedrooms and other places where people have a=20
reasonable expectation of privacy.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3D5BIVWAY1WROWUCRBAE...
Y?type=3DtechnologyNews&storyID=3D5122009

MEDIA LITERACY GRANT TO GIRLS INCORPORATED
Girls Incorporated, a national non-profit that inspires all girls to be=20
strong, smart, and bold, announced today that AFTRA has awarded the=20
organization a $25,000 grant to expand the Girls Inc. Media Literacy=20
program. Additions to the program will emphasize media production and=20
community action. Girls in the Girls Inc. Media Literacy program evaluate=20
and critique print, audio, video, and electronic messages, and then create=
=20
their own messages. Girls become active viewers who are able to assess the=
=20
effects of media messages, develop news skills, and influence people in=20
their communities. In the updated program, girls aged 14 to 18 will use=20
media and technology skills to share stories about issues affecting them,=20
and design plans to address these problems. Girls will identify, explore,=20
and document social and public policy concerns that are relevant to their=20
lives; collaborate on message development; plan and produce a media=20
campaign to express their views; and engage communities in their work. The=
=20
Girls Inc. Media Literacy program will reach girls in cities such as New=20
York, Los Angeles, Omaha, and Dothan (Alabama). Over the long term, the=20
program has the potential to reach an estimated 200,000 girls in 71 Girls=20
Inc. centers in the U.S.
[SOURCE: American Federation of Television and Radio Artists Press elease]
http://www.aftra.org/press/pr_20040511_girlsincgrnt.html

JOB OPENINGS
The Campaign Legal Center is looking for experienced lawyers to fill FEC,=20
campaign finance law and litigation (district and appellate) positions. If=
=20
interested, please send resume and cover letter to Marianne Viray, managing=
=20
director, at mviray( at )campaignlegalcenter.org, or fax 202-736-2222.
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/12/04

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

SPECTRUM
Nextel Ready to Kill Spectrum Agreement

TELECOM
News from ALTS Conference
2004 Biennial Review of Telecommunications Regulations

BROADBAND
$190 Million To Support Rural Broadband Access
NCTA: Steady as Broadband Goes

COPYRIGHT
Strengthen Digital Copyright Protections
Entitled to Entertainment?

QUICKLY
Lie, and the Voters Will Believe
PBS Wins More Webby Awards
Chief of FTC to Resign; Bush Selects a Successor
For Valenti, an Impressive Cast
Judge Ties Antispammer's Hands

SPECTRUM

NEXTEL READY TO KILL SPECTRUM AGREEMENT
Nextel may walk away from the "Consensus Plan" to solve its interference=20
problems with public safety officials. The problem is that the FCC seems to=
=20
be favoring giving Nextel spectrum at 2.1 GHz instead of the 1.9 GHz it=20
asked for. =93My responsibility to Nextel=92s shareholders requires that=
Nextel=20
obtain comparable value in any returning
transaction: 2.1 GHz does not meet that test,=94 Nextel President Timothy=20
Donahue wrote FCC Chairman Powell. =93Nextel cannot and will not accept that=
=20
result.=94 Mr. Donahue accused proponents of the 2.1 GHz plan, led by the=20
Cellular Telecommunications & Internet Association, of trying to gain a=20
competitive advantage at Nextel=92s expense: =93The sole goal of the 2.1 GHz=
=20
advocates is to decrease competition and inflict damage on Nextel by=20
manipulating the proceeding to force Nextel to accept
=97 at great cost =97 inferior replacement spectrum.=94 Public safety=
officials=20
are fearful a solution will be reached if Nextel walks away from the deal.=
=20
Nextel contends that at higher frequencies, signals don't travel as far,=20
and existing cellular equipment cannot be used.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)
WP: http://www.washingtonpost.com/wp-dyn/articles/A19027-2004May11.html

TELECOM

NEWS FROM ALTS CONFERENCE
The Association for Local Telecommunications Services is holding a=20
conference this week. FCC Commissioner Michael Copps told the audience=20
that the FCC should have four telecom priorities the next few months: 1)=20
appealing the U.S. Appeals Court ruling on the Triennial Review Order, 2)=20
continuing to urge negotiations that preserve competition, 3) resolving=20
intercarrier compensation and 4) stopping the =93mindless=94 process of=20
broadband reclassification. Although the next likely Chairman of the Senate=
=20
Commerce Committee, Sen Ted Stevens (R-Alaska), prefers fewer hearings and=
=20
more industry meetings to developing telecom reform, an aide to Senate=20
Communications Subcommittee ranking Democrat Daniel Inouye (Hawaii) favors=
=20
a more open process soon after the next Congress convenes.
[SOURCE: Communications Daily, AUTHOR: Edie Herman, Terry Lane, Susan=20
Polyakova]
(Not available online)

2004 BIENNIAL REVIEW OF TELECOMMUNICATIONS REGULATIONS
Everyone loves a quick review of FCC rules, so let's start another round.=20
The FCC is in the process of conducting its comprehensive 2004 biennial=20
review of telecommunications regulations to "determine whether any such=20
regulation is no longer necessary in the public interest as the result of=20
meaningful economic competition between the providers of such=20
service." The Commission is directed by law to repeal or modify any such=20
regulations that it finds are no longer in the public interest. The=20
Commission is seeking suggestions from the public as to what rules should=20
be modified or repealed as part of the 2004 biennial review. [All those in=
=20
favor of current regulations move to the back of the bus.] Comments are due=
=20
July 12; reply comments due August 11. For more information, see the URL=20
below and/or contact:
Consumer & Governmental Affairs Bureau: Jeffrey Tignor, (202) 418-0774,=20
Jeffrey.Tignor( at )fcc.gov=09
Enforcement Bureau: Suzanne Tetreault, (202) 418-7450,=20
Suzanne.Tetreault( at )fcc.gov
International Bureau: David Krech, (202) 418-7443, David.Krech( at )fcc.gov=09
Office of Engineering & Technology: Karen Rackley, (202)=20
418-2431, Karen.Rackley( at )fcc.gov
Wireless Telecommunications Bureau: Harry Wingo, (202) 418-1783,=20
Harry.Wingo( at )fcc.gov
Wireline Competition Bureau: Vickie Robinson, (202) 418-2732,=20
Vickie.Robinson( at )fcc.gov
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-105A1.doc

BROADBAND

$190 MILLION TO SUPPORT RURAL BROADBAND ACCESS
Agriculture Secretary Ann M. Veneman last week announced, as part of the=20
Bush Administration=92s effort to expand the availability of broadband=20
technology in rural areas, the approval of 20 rural broadband and=20
telecommunication loans totaling $190 million to expand access to advanced=
=20
technology in 19 states. Sec Veneman announced in January 2003 that USDA=20
would expand efforts to bring farmers, rural residents and businesses=20
greater access to improved telecommunication technology through loans and=20
loan guarantees to rural telecommunications providers. Funds for the=20
program were authorized through the 2002 Farm Bill. To date, over $206=20
million in broadband loans have been approved in this program. The rural=20
broadband access program provides loans and loan guarantees for the=20
construction, improvement, and acquisition of facilities and equipment for=
=20
broadband service in eligible rural communities. Priority is given to=20
applications that are proposing to serve areas where no residential=20
broadband service currently exists. Of the $190 million announced today,=20
$150 million resulted from funding available through the 2002 Farm Bill.=20
The remaining $40 million in loans announced came from Rural Development=92s=
=20
traditional telecommunications program. Borrowers are required under the=20
traditional telecommunication loan program to ensure that all=20
infrastructure built include broadband capability. Since the beginning of=20
the Bush Administration, the traditional program has provided $2.0 billion=
=20
in funding, providing over 771,000 rural homes and businesses with access=20
to high speed broadband connections.
A list of loan recipients is available at=20
http://www.rurdev.usda.gov/rd/newsroom/2004/BBLoanRecipients.html
[SOURCE: Department of Agriculture Press Release]
http://www.usda.gov/Newsroom/0180.04.html

NCTA: STEADY AS BROADBAND GOES
The National Cable & Telecommunications Association told the FCC that its=20
deployment of broadband services, driven by the deregulation of the=20
Telecommunications Act of 1996, has continued at a "reasonable and timely"=
=20
pace. NCTA argued for a continued light regulatory touch which means rules=
=20
mandating nondiscriminatory access to unaffiliated Internet service=20
providers. By the end of the year, cable modem service will be available to=
=20
91% of all homes passed by cable (cable passes 95% of US homes). But only=20
50% of homes pay for Internet service and just one-third of those homes=20
subscribe to broadband services, so adoption is seriously trailing=20
deployment. NCTA characterizes the rollout as "one of the greatest success=
=20
stories" of the 1996 Act. Not so, argues Mark Cooper, of the Consumer=20
Federation of America: "If it's a success, there is no reason to forbear=20
regulation of nondiscrimination of interconnection," he says. "It's a=20
success compared to what? There are lots of people concerned about the=20
higher levels of penetration in Japan, Korea and Canada." While asking for=
=20
a continued light hand in most regulatory departments, NCTA did ask the=20
commission to wield a big stick to keep utility companies from engaging in=
=20
anticompetitive practices when it comes to their control of the "poles,=20
ducts and conduits" that are the broadband rights-of way.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton ]
http://www.broadcastingcable.com/article/CA416776?display=3DBreaking+News
(requires subscription)
See Also:
NCTA WARNS ABOUT POLE-ACCESS FIGHTS
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA416668?display=3DBreaking+News
(requires subscription)

COPYRIGHT

STRENGTHEN DIGITAL COPYRIGHT PROTECTIONS
Congress should act to restore the rights of consumers to use digital=20
materials, such as DVDs and CDs in ways protected by traditional copyright=
=20
law, three major consumer groups will say today. In joint testimony to the=
=20
House Commerce, Trade and Consumer Protection Subcommittee the groups,=20
Public Knowledge, Consumers Union and the Consumer Federation of America=20
will endorse legislation (H.R. 107) sponsored by Reps. Rick Boucher (D-VA)=
=20
, John Doolittle (R-CA) and House Commerce Committee Chairman Joe Barton=20
(R-TX), that would correct some parts of the 1998 Digital Millennium=20
Copyright Act. Gigi B. Sohn, president and co-founder of Public Knowledge,=
=20
and Chris Murray, legislative counsel for Consumers Union, will testify at=
=20
the hearing. The legislation, the =93Digital Media Consumers=92 Rights Act=
of=20
2003,=94 would require CD makers to label their products to let consumers=20
know of any technical restrictions or limitations on their use. The bill=20
would also make clear some of the fair use exemptions that would allow=20
consumers to circumvent copy protections if no copyright violations were=20
involved. Murray will say that =93copyright law is being abused to shut out=
=20
competition in everything from garage door openers to printer=20
cartridges. The law is broken, and this bill is a significant first step=20
towards putting it back on track.=94 Mark Cooper, research director of the=
=20
Consumer Federation of America, will add, =93The American consumer is=
driving=20
the digital transition. Consumers' rights that the Boucher bill would=20
restore are essential to this transition both as a matter of principal and=
=20
as a matter of encouraging a market climate that supports technological=20
innovation and economic vibrancy.=94
=93No consumer should purchase a CD only to be surprised that it does not=20
play on his or her computer or CD player. The DMCRA will create an=20
informed marketplace where competition among new CD formats can prosper=20
without consumer confusion,=94 the groups said.
[SOURCE: Public Knowledge Press Release]
http://www.publicknowledge.org/

ENTITLED TO ENTERTAINMENT?
The House Subcommittee on Commerce, Trade, and Consumer Protection tomorrow=
=20
is expected to hear testimony on the Digital Media Consumers' Rights Act=20
(DMCRA), a bill intended to amend the Digital Millennium Copyright Act=20
(DMCA). In "Entitled to Entertainment? The Digital Media Consumers' Rights=
=20
Act," former Cato scholar Clyde Wayne Crews Jr. and Adam Thierer, Cato=20
director of telecommunications studies, wrote in January 2003: "The extent=
=20
to which government stands in the way of private efforts to protect content=
=20
via copy protection controls or licensing schemes is a violation of=20
creator's rights, not a violation of free speech for someone who intends to=
=20
make a duplicate. Government ought not interfere with such experimentation=
=20
by discouraging copy-protection schemes (or by mandating them, as Hollywood=
=20
and the record companies would prefer)."
[SOURCE: Cato Institute, AUTHOR: ]
http://www.cato.org/tech/tk/030113-tk.html

QUICKLY

LIE, AND VOTERS WILL BELIEVE
University of Pennsylvania's National Annenberg Election Survey shows that=
=20
people believe the claims made in political advertising while they remain=20
unaware of candidates' true positions on issues. The campaigns may get=20
around to advertising what they really stand for "but only if they run out=
=20
of fantasies about what the other guy stands for," Clymer concludes.
[SOURCE: New York Times, AUTHOR: Adam Clymer, the political director of the=
=20
National Annenberg Election Survey]
http://www.nytimes.com/2004/05/12/opinion/12CLYM.html
(requires registration)
See more about the importance of political advertising.
THE SHRUM FACTOR
[SOURCE: MediaChannel, AUTHOR: Rory O'Connor]
http://www.mediachannel.org/views/dissector/affalert193.shtml
THE SUBSIDIZED SOAPBOX
"Sen. John McCain (R-AZ.) would like nothing better than to load fall TV=20
schedules with election-year obligations, including quotas for political=20
coverage and free ad time for federal candidates," according to a recent=20
Broadcasting & Cable article. In "The Subsidized Soapbox: Senator McCain's=
=20
Free Airtime for Politicians Bill," Cato scholars John Samples and Adam D.=
=20
Thierer wrote in August of last year: "Sen. McCain wants to control the=20
editorial discretion of broadcasters to solve problems that do not exist.=20
His free airtime proposal has no place in a market-driven digital media age=
=20
wherein broadcasters give consumers the programs they want and plenty of=20
news alternatives exist for citizens who desire more political information.=
=20
Why does Sen. McCain have the right to force Americans to watch what he=20
deems good for us?"
[SOURCE: Cato Institute, AUTHOR: John Samples and Adam D. Thierer]
http://www.cato.org/tech/tk/030818-tk.html

PBS WINS MORE WEBBY AWARDS
For the fourth time, pbs.org has earn Webby Award as the best TV site on=20
the Web. With this win, pbs.org has won more TV category Webby prizes than=
=20
any other broadcast or cable network. In addition, the PBS Web site P.O.V.:=
=20
Borders won a Webby in the competition=92s Broadband category and PBS KIDS=
=20
Online won a Webby People=92s Voice Award, which is voted on by the public.=
=20
Hailed as =93the online Oscars=94 by Time Magazine, The Webby Award is the=
=20
leading international honor for Web sites. [SOURCE: PBS Press Release]

CHIEF OF FTC TO RESIGN; BUSH SELECTS A SUCCESSOR
Timothy J. Muris said on Tuesday that he had decided to step down this=20
summer as chairman of the Federal Trade Commission. Chairman Muris led the=
=20
agency in its popular crusade against telemarketers, creating a "do not=20
call" registry and then successfully defending it from court challenges=20
brought by the industry. The registry enables consumers to block=20
solicitations by registering their phone numbers."He came with a strong=20
ideological conservative bent and surprised everyone by steering a course=20
that reflected the bipartisan tradition of the Federal Trade Commission,"=20
said Gene Kimmelman, a senior director at Consumers Union. "He avoided=20
partisan rancor. While he wasn't particularly aggressive in antitrust=20
enforcement, he responded to public concern on the 'do not call' list. And=
=20
he preserved the consumer protection function of the agency." President=20
Bush had selected Deborah P. Majoras, a former top antitrust official at=20
the Justice Department, to succeed Chairman Muris. Ms. Majoras was the #2=20
official in the antitrust diving of the Dept of Justice and was=20
instrumental in negotiating the government's settlement with Microsoft=20
which has faced some criticism. She was also involved in a proposal to give=
=20
up the FTC's antitrust authority over mergers of media companies to the=20
Justice Dept. After some controversy, that proposal was scuttled.
[SOURCE: New York Times, AUTHOR: Stephen Labaton]
http://www.nytimes.com/2004/05/12/business/12ftc.html
(requires registration)
WSJ:=20
http://online.wsj.com/article/0,,SB108431384156908563,00.html?mod=3Dtoda...
s_page_one
WP: http://www.washingtonpost.com/wp-dyn/articles/A18959-2004May11.html
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-muris12may12,1,537546...
ory?coll=3Dla-headlines-pe-business

FOR VALENTI, AN IMPRESSIVE CAST
A glimpse at the influence long-time Motion Picture Association of America=
=20
head Jack Valenti wields was on display last night at the first of many=20
retirement parties for the 82 year-old lobbyist.
[SOURCE: Washington Post, AUTHOR: Ann Gerhart]
http://www.washingtonpost.com/wp-dyn/articles/A19686-2004May12.html
(requires registration)

JUDGE TIES ANTISPAMMER'S HANDS
Scott Richter, the self-professed "Spam King" and president of e-mail=20
marketing company OptIn has won a temporary restraining order to prevent=20
SpamCop, an antispam operation, from interfering with messages sent by=20
OptIn. SpamCop has been collecting complaints from Internet users about=20
unwanted e-mail and uses that information to list the offending Internet=20
Protocol addresses used to send the messages. OptIn claims that SpamCop is=
=20
interfering with his business [isn't that the point?] and causing his=20
Internet service providers to block his company's e-mail. OpIn also charges=
=20
SpamCop with not disclosing the identity of people who complain about its=20
e-mail, thereby aiding potential violations of the Can-Spam Act, which=20
requires the removal of people from future mailings if they so choose. The=
=20
case is in a Northern California District Court which will reconvene later=
=20
this month.
"More troubling is what this means for the individuals who submit=20
complaints to SpamCop with the expectation that SpamCop will not reveal=20
their e-mail addresses to the people they are accusing of spamming," said=20
Anne Mitchell, CEO of the think tank Institute for Spam and Internet Public=
=20
Policy. "This is, after all, a private enterprise, not a branch of the=20
government and certainly not a court of law, and there is no right to=20
confront your accuser in this arena."
[SOURCE: C-Net|News.com, AUTHOR: Stefanie Olsen]
http://news.com.com/2100-1024_3-5210518.html?tag=3Dnefd.top
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. Headlines are compiled by=20
Kevin Taglang (headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/11/04

Today is a busy policy day with Congressional hearings on copyrights,
satellites and reforming telecom policy. And the New America Foundation is
hosting "
From Broadcast to Broadband," a look at speeding the transition to digital
TV and freeing spectrum for high-speed Internet connections. For upcoming
media policy events, see http://www.benton.org/calendar.htm

TELEVISION
The Peacock's New Strut
Innovators Charting Out Viewing Possibilities

SPECTRUM
Spectrum Plan Gaining Momentum

LEGISLATION
Copyright Bills Moving on Hill This Week

QUICKLY
Regulators Dial in on AT&T
2003 Online Content Spending Up Almost 19 Percent
Study Says U.S. Should Reopen Some Web Sites

TELEVISION

THE PEACOCK'S NEW STRUT
And then there were five. General Electric Co.'s NBC will complete its
acquisition of Universal Studios this week creating NBC Universal, a
conglomerate of TV networks, television- and film-production studios and
theme parks. Feel the synergy. That's right, it's called cross-promotion.
The new company controls the NBC broadcast TV network and USA, Bravo and
Trio cable channels, owns the rights to show the upcoming Olympic Games,
Universal theme parks, a library of more than 40,000 TV episodes (including
classics such as "Dragnet" and "Columbo," and 1980s hits ranging from
"Magnum P.I." to "Murder, She Wrote"), "Law and Order" and its spinoffs as
well as daytime hits "Jerry Springer" and "Maury Povich." The five? NBC
Universal, Time Warner, Walt Disney, Viacom and News Corp -- all with 2003
revenues of more than $13 billion.
[SOURCE: Wall Street Journal, AUTHOR: Joe Flint joe.flint( at )wsj.com & Brooks
Barnes brooks.barnes( at )wsj.com ]
http://online.wsj.com/article/0,,SB108422969484507440,00.html?mod=todays...
(requires subscription)

INNOVATORS CHARTING OUT VIEWING POSSIBILITIES
What will TV viewing be like in the future. Combine broadband Internet
connections with digital video recorders (DVRs) and cheap digital storage
and you have freedom from TV schedules -- you have video on demand (VOD).
"With DVRs and VOD, the biggest change is that people will have more access
and will be able to watch not only when they want, but what they want,"
says Phillip Swann, president of TVPredictions.com, which tracks the
business deals and technological advancements that are changing the way we
watch TV. "Being hooked up to a server will allow the cable guys or the
networks to offer an unlimited amount of programming. If you want to see
the first 'Tonight Show with Johnny Carson,' for maybe $2.99, it can be
downloaded to your server and watched on any of your TVs."
[SOURCE: San Jose Mercury News, AUTHOR:]
(http://www.mercurycenter.com/)

SPECTRUM

SPECTRUM PLAN GAINING MOMENTUM
The FCC is giving serious consideration to the Cellular Telecommunications
& Internet Association proposal for solving the Nextel/public safety
interference problem. A decision could be reached in a couple of weeks. The
Commission appears to be trying to decide if Nextel will walk away from the
deal if the FCC adopts the CTIA proposal.
Members of Congress are starting to express concern about the plan. In a
letter to the FCC, nearly a dozen Members of Congress raised four concerns:
1) No guaranteed funding for public safety groups. 2) The plan caps
relocation funding at $700 million for public safety agencies. 3) The plan
will be tied up in litigation for years. 4) Several public safety
organizations have expressed similar concerns.
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)
For more information on the CTIA proposal see
http://www.ctia.org/news_media/press/body.cfm?record_id=1400

LEGISLATION

COPYRIGHT BILLS MOVING ON HILL THIS WEEK
H.R. 107, The Digital Media Consumers' Rights Act of 2003 will be the topic
of a Wednesday hearing of the House Subcommittee on Commerce, Trade, and
Consumer Protection. The bill is basically an amendment to the Digital
Millennium Copyright Act and would permit circumvention of copy-protection
technology to engage in fair use of copyrighted material. The content
industry opposes the bill arguing that permitting people to disable
copy-protection mechanisms would invite not only fair use of works but
piracy. Two other bills are on this week's Congressional agenda. The Senate
Judiciary Committee will consider S-1933, the Enhancing Federal Obscenity
Reporting and Copyright Enforcement (EnFORCE) Act. The bill would require
the Justice Department to report to Congress on its child online
pornography prosecutions and online copyright cases, and ensure that each
department unit investigating computer crimes has at least one agent versed
in copyright law. The House Judiciary Committee will meet Wednesday to
consider HR-3632, the Anti-Counterfeiting Amendments Act which would outlaw
reproduction of watermarks and other security measures designed to ensure
authenticity of intellectual property.
[SOURCE: Communications Daily, AUTHOR: Patrick Ross]
(Not available online)

QUICKLY

REGULATORS DIAL IN ON AT&T PREPAID CALLS
AT&T is starting to put numbers to its potential liability for unpaid
access charges for calls it routed through the Internet: $200 million. The
FCC recently ruled that these calls were subject to access fees and AT&T
faces a number of lawsuits to recoup those fees. The company also estimated
it has not paid $215 million in access charges nor about $140 million in
Universal Service Fund contributions on its prepaid calling-card business.
The FCC has been reviewing the calling-card matter for about a year.
[SOURCE: C-Net|News.com, AUTHOR: Ben Charny]
http://news.com.com/2100-1037_3-5209490.html?tag=nefd.top
WSJ:
http://online.wsj.com/article/0,,SB108424188467607767,00.html?mod=todays...
LATimes:
http://www.latimes.com/business/printedition/la-fi-att1may11,1,5000599.s...

2003 ONLINE CONTENT SPENDING UP ALMOST 19 PERCENT
The Online Publishers Association and comScore Networks announced Monday
that Americans spent more -- about 19% more -- on online content in 2003.
Spending in the No. 1 category, personals/dating, grew to $449.5 million
from $302.1 million in 2002. Business/investment spending grew to $334.0
million in 2003 from $292.0 million the year earlier. The fastest-growing
categories were personal growth and sports, which more than doubled to
$91.1 million and nearly doubled to $38.2 million, respectively.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=C1E3KW3HUDHXYCRBAE0C...

STUDY SAYS U.S. SHOULD REOPEN SOME WEB SITES
The Rand Corp is recommending that the federal government make available a
number of Web sites that were shut down after the terrorist attacks of
9/11. Rand found that for many of the sites the information being hidden
was available to the public by different means. It also identified four
databases where restricting access probably would enhance homeland
security. None was available to the public anymore. They included two
devoted to pipelines, one to nuclear reactors and one to dams.
[SOURCE: Washington Post, AUTHOR: Associated Press]
http://www.washingtonpost.com/wp-dyn/articles/A15750-2004May10.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. Headlines are compiled by
Kevin Taglang (headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/10/04

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

Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. Headlines are compiled by=20
Kevin Taglang (headlines( at )benton.org) -- we welcome your comments.

BROADCASTING
Self-Censorship In Broadcasting Seen as Rising
Web TV Is Changing The Way Programming Is Watched and Sold

CABLE
Against =E0 la Carte
Some in Cable Scorn Gore Plan

ACCESSIBILITY
VoIP Disability Access Issues
Frustrating Signs at the FCC

QUICKLY
Costly Growth for the Bells
The 'Dot Kids' Internet Domain: Protecting Children Online
Stall on Gallagher Nomination Hurting Effectiveness Abroad

BROADCASTING

SELF-CENSORSHIP IN BROADCASTING SEEN AS RISING
In the wake of FCC rulings and legislation making its way through Congress,=
=20
broadcasters are self-censoring their content. "If you're asking if there=20
has been overcaution on the part of broadcasters today, I think the answer=
=20
is yes," said Jeff Smulyan, the chairman and chief executive of Emmis=20
Communications, which owns 16 television stations and 27 radio stations in=
=20
Chicago, Los Angeles, New York and other cities. "Everyone is going to err=
=20
on the side of caution. There is too much at stake. People are just not=20
sure what the standards really are." If the bills moving through Congress=20
become law, at stake are both much higher fines for broadcasters, but also=
=20
their licenses. FCC Commissioner Michael J. Copps, who has been one of the=
=20
strongest critics of media companies, acknowledged that some broadcasters=20
appeared to be overreacting. But, he said, "I applaud the effort at self=20
policing." He also disputed the notion that the FCC's standards on=20
indecency were too vague. "I think most of the things we're dealing with=20
right now are pretty clear, from the standpoint of being indecent," he=20
said. "There's enough stuff out there that shouldn't be on."
[SOURCE: New York Times, AUTHOR: Jacques Steinberg]
http://www.nytimes.com/2004/05/10/business/media/10FCC.html?hp
(requires registration)

WEB TV IS CHANGING THE WAY PROGRAMMING IS WATCHED AND SOLD
The movie and TV industries are starting to see the Internet as a new way=20
to sell programming that has already aired on TV. The quality of video on=20
people's PCs is not great yet, but as networks grow faster and easy-to-use=
=20
Internet-aware devices are sold for the living room, the role of the=20
Internet in TV will only grow. Think about getting "West Wing" without=20
having to deal with Comcast -- or even NBC. "It would be the video analog=20
of getting your music directly from the artist. You wouldn't even need a=20
TiVo, because the whole world would be your TiVo," Gomes writes. Policy=20
decisions will help shape this future. Cable companies sell us both=20
Internet signals and TV programming. Maybe, says Timothy Wu, a University=20
of Virginia law professor who has studied the issue, we should insist they=
=20
not downgrade their Internet signal as a way of protecting their cash-cow=20
TV business.
[SOURCE: Wall Street Journal, AUTHOR: Lee Gomes]
http://online.wsj.com/article/0,,SB108414174945606228,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

CABLE

AGAINST A LA CARTE
Cable lobbyists have a special mission this week -- kill a la carte pricing=
=20
mandates. Rep. Nathan Deal (R-GA) has an amendment to legislation renewing=
=20
satellite companies' right to carry broadcast channels that the Commerce=20
Committee is expected to pass along this week. The amendment would give=20
satellite companies EchoStar and DirecTV permission to sell individual=20
basic pay-TV channels, a practice no programmer allows today, instead=20
requiring carriage of a full complement of basic networks. Although the=20
amendment does not have much chance of passing, the cable lobby is applying=
=20
a full-court press to make sure it does not happen -- so that, down the=20
line, a similar measure is not passed applying to cable. EchoStar has=20
endorsed the measure, insisting the strategy would give it a competitive=20
edge. DirecTV, whose parent News Corp owns cable networks, is opposed.=20
Republican leaders are lobbying against the amendment.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell ]
http://www.broadcastingcable.com/article/CA416235?display=3DTop+of+the+Week
(requires subscription)
Also, worrying that "pure" a la carte could threaten public, educational=20
and government channels, the Alliance for Community Media will be talking=20
to lawmakers to include =93protective language=94 for noncommercial PEG=20
channels. =93In their efforts to find ways to protect consumers, Congress=
can=20
not leave community media out in the cold. PEG access is a vital=20
resource... that must be protected when the laws change,=94 says ACM's=
Bunnie=20
Riedel.
[SOURCE: Communications Daily, AUTHOR: Brigitte Greenberg]
(Not available online)

SOME IN CABLE SCORN GORE PLAN
There's not a lotta love between former Vice President Al Gore and the=20
cable industry. As a senator, Mr. Gore attacked cable TV distributors as=20
gougers and monopolists, coined the phrase "Cable Cosa Nostra" and compared=
=20
then-industry leader John Malone to Darth Vader. So it is no surprise to=20
read quotes like this: "It's very ironic that the same guy who tried to=20
blow-torch the industry now wants our help," said one executive for a=20
leading cable operator. "He won't get any help from me." But others are=20
seeing Mr. Gore's attempts to launch a new cable channel as an opportunity=
=20
for the industry: Mr. Gore has an armada of political connections in=20
Washington that no other cable newcomer could match and some cable=20
operators are agreeing to continue to carry Mr. Gore's network in exchange=
=20
for his political support. The commitments for carriage that Mr. Gore has=20
won have translated into financial backing from Wall Street.
[SOURCE: Los Angeles Times, AUTHOR:Sallie Hofmeister]
http://www.latimes.com/business/printedition/la-fi-gore10may10,1,6752823...
ry?coll=3Dla-headlines-pe-business

ACCESSIBILITY

VoIP DISABILITY ACCESS ISSUES
FCC Chairman Michael Powell is urging the disabled community to get=20
involved now with Internet telephony (VoIP) to ensure that solutions for=20
the disabled are not just "bolted on at the end," but considered from the=20
beginning. Speaking at the Commission's Solutions Summit last Friday, FCC=20
Commissioner Michael Copps said, "Making sure that IP services are=20
accessible to everyone=94 is a =93chief=94 challenge to be addressed by the=
FCC.=20
"It=92s the right thing to do. But that=92s not just my interpretation. It=
=92s=20
the law. So, let=92s put that front-and-center. Let's be certain we do=20
everything we can to ensure that we live up to the mandate of functional=20
equivalency as IP services flood the communications landscape."
[SOURCE: Communications Daily, AUTHOR: Susan Polyakova]
(Not available online)

FRUSTRATING SIGNS AT THE FCC
A look at the FCC's regulation of video-relay service (VRS). This free,=20
public, on-demand telecommunication service allows two-way live=20
videoconferencing with a sign interpreter, who then contacts the hearing=20
party via a standard phone line. The interpreter relays the conversation to=
=20
a deaf caller in sign language. The system is much more effective for deaf=
=20
callers than typing conversations into a text-based telephone (TTY). Title=
=20
IV of the Americans with Disabilities Act (ADA) requires equal telecom=20
access for the deaf, everywhere, including the workplace. But according to=
=20
the FCC, VRS can be used only for phone calls between parties in two=20
different locations -- so coworkers under the same roof cannot use the=20
system. The FCC says the deaf should schedule an interpreter to come to=20
their offices instead. That is a costly and inconvenient solution.
[SOURCE: BusinessWeek, AUTHOR: Suzanne Robitaille]
http://www.businessweek.com/technology/content/may2004/tc2004057_8783_tc...
htm

QUICKLY

COSTLY GROWTH FOR THE BELLS
Facing an approximate 4% drop in their wireline phone business, the Baby=20
Bells are looking for new revenue streams like high speed Internet access.=
=20
Digital subscriber lines (DSL) service is growing faster than ever and the=
=20
Bells are bundling access with content from Yahoo! and Microsoft. The phone=
=20
companies are also bundling DSL service with local and long distance phone=
=20
service. But these bundles worry analysts who see profit margins being=20
squeezed by consumer discounts.
[SOURCE: BusinessWeek, AUTHOR: Todd Rosenbluth, Standard & Poor's=
Securities]
http://www.businessweek.com/investor/content/may2004/pi2004057_0898_pi04...
m

THE 'DOT KIDS' INTERNET DOMAIN: PROTECTING CHILDREN ONLINE
The House Subcommittee on Telecommunications and the Internet last week=20
held a hearing on establishing the ".kids.us" Internet domain. The Federal=
=20
Bureau of Investigation (FBI) considers online child pornography and child=
=20
sexual exploitation to be the most significant cyber crime problem=20
confronting the FBI that involves crimes against children. The Dot Kids Act=
=20
required the National Telecommunications and Information Administration=20
(NTIA) to amend its contract with NeuStar to establish a child-friendly=20
space. NTIA was also required to oversee the development of kids.us in=20
accordance with specific content, enforcement and registration=20
obligations. The law also directed NTIA to publicize the availability of=20
the new domain and educate parents regarding the use of the kids.us domain=
=20
in combination with blocking and filtering technologies. In the eight=20
months since the creation of the kids.us space, over 1,700 domain names=20
have been registered in kids.us, such as Crayola.kids.us, Hasbro.kids.us,=20
Lego Land.kids.us, CuriousGeorge.kids.us, and=20
Yahooligans.kids.us. Currently, kids.us is home to thirteen active=20
websites. These websites showcase information about arts and=20
entertainment, computers and technology, sports and recreation, science and=
=20
government, and much more.
See the URL below for documents related to this hearing.
[SOURCE: House of Representatives]
http://energycommerce.house.gov/108/Hearings/05062004hearing1262/hearing...

STALL ON GALLAGHER NOMINATION HURTING EFFECTIVENESS ABROAD
Titles matter, *Acting* Assistant Secretary Michael Gallagher said last=20
week and former agency heads agree. The Senate's failure to act on his=20
confirmation as head of the NTIA costs Dir Gallagher diplomatic points with=
=20
officials from other countries. Dir Gallagher said the problem is the=20
biggest he meets with counterparts from other major nations. =93The=20
difficulty comes from the larger, more-established counties, not so much=20
the smaller ones,=94 he said. =93Any audience they get with a senior=
government=20
official, they feel very honored, very privileged... In the countries that=
=20
have a longer relationship with our country, that have a bigger economy,=20
that have more established bureaucracies around the issues we work with --=
=20
those are the ones where it has an impact.=94
[SOURCE: Communications Daily, AUTHOR: Howard Buskirk]
(Not available online)
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/07/04

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

SPECTRUM
House Judiciary Subcommittee Approves SHIVA Reauthorization
Nextel, FCC in Standoff Over Prime Cellular Spectrum
Plan for Spectrum Is Making Waves
Consumer Groups Petition FCC to Block AT&T Wireless, Cingular Merger

BROADCASTING
NBC Stations Call Bono Decision 'Intolerable'
2003 Public Service Announcements
Television Goes to School: The Impact of Video on
Student Learning in Formal Education

INTERNET
Liberal Net Rules Spawn Political Attack Ads
FTC testimony highlights file-sharing dangers

AT THE FCC
Trends in Telephone Service
Open Meeting Agenda

QUICKLY
Privacy and Speech Concerns with Domain Name Registration Legislation
(CA) Senate Panel OKs E-voting Ban

SPECTRUM

HOUSE JUDICIARY SUBCOMMITTEE APPROVES SHVIA REAUTHORIZATION
By voice vote, the House Judiciary Intellectual Property Subcommittee=20
approved a Satellite Home Viewer Improvement Act (SHVIA) extension Thurs.=20
that could result in rate increases for DBS providers. The bill passed=20
without amendments and Subcommittee Chairman Smith (R-TX) said the purpose=
=20
of the bill was a SHVIA reauthorization =93achievable this year.=94 The bill=
=20
would 1) guarantee satellite subscribers the choice of continuing to=20
receive distant signals another five years, 2) allow the satellite industry=
=20
to transmit significantly-viewed distant signals to subscribers on a=20
copyright royalty-free basis, 3) ensure that copyright owners get a process=
=20
for adjusting their royalties, which have been fixed since Congress reduced=
=20
the rates in 1999 and 4) lay the groundwork for a future Congress to=20
address the complex issues involving the potential harmonization of the=20
cable and satellite compulsory licenses.
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

NEXTEL, FCC IN STANDOFF OVER PRIME CELLULAR SPECTRUM
Nextel Communications and the FCC now seem to have competing plans to solve=
=20
the public safety interference problems caused by Nextel's cellular=20
communications systems. The FCC now appears to favor a plan that would give=
=20
the company less desirable airwaves.Nextel has proposed giving up some=20
existing airwaves and paying $850 million to move the public safety users.=
=20
In return, Nextel wants a swath of spectrum in the 1.9 gigahertz range. The=
=20
FCC agrees with Nextel that the public safety users should be moved, but a=
=20
majority of the commissioners appear ready to offer Nextel a slice of=20
less-valuable spectrum in the 2.1 GHz range. The FCC's top priority here is=
=20
to solve the public safety question in a way that would minimize the chance=
=20
of a serious legal challenge. The Commission would also like to see Nextel=
=20
pay for the move. Some FCC staffers, as well as lobbyists for other major=20
carriers and a source close to Nextel, said they think Nextel would accept=
=20
the 2.1 GHz range if the FCC were to offer a reasonable price. "If Nextel=20
walks away, the FCC holds all the cards, because they've created a record=20
showing that they have a public-safety interference problem," said a=20
lobbyist for a rival carrier. "It's a question of who's going to blink=
first."
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A6868-2004May6.html
(requires registration)

PLAN FOR SPECTRUM IS MAKING WAVES
With high tech firms growing in influence in Washington, the federal=20
government is weighing whether to wrest valuable swaths of the public=20
airwaves from the exclusive use of television broadcasters and make them=20
available to technology companies. Over the last two years, Michael D.=20
Gallagher, an acting assistant Commerce secretary who oversees=20
telecommunications policy for the Bush administration, has pushed to free=20
up nearly eight gigahertz of spectrum =97 more than 40,000 times the amount=
=20
allocated to cellphone use =97 for Wi-Fi and so-called ultra-wideband use.=
=20
The FCC is also trying to speed up the transition to digital only=20
broadcasting so analog television spectrum can be made available for new=20
uses. Commercial broadcasters are fighting the FCC proposal saying it=20
would be "to the detriment of consumers and contrary to" federal law. Next=
=20
week the FCC is expected to unveil a plan allowing wireless users to share=
=20
the unused "white spaces" separating television channels 2 through 51. Many=
=20
broadcasting services are separated by the spaces, small amounts of=20
spectrum intended to minimize interference. But because engineers have=20
improved transmitters and receivers, white spaces can often be used by=20
lower power services without causing interference.
[SOURCE: Los Angeles Times, AUTHOR: Jube Shiver Jr.]
http://www.latimes.com/business/printedition/la-fi-wifi7may07,1,7835929....
y?coll=3Dla-headlines-pe-business
For more on spectrum policy see http://www.spectrumpolicy.org/

CONSUMER GROUPS PETITION FCC TO BLOCK AT&T WIRELESS, CINGULAR MERGER
Consumers Union and Consumer Federation of America filed a petition to=20
block the AT&T Wireless/Cingular merger, citing anticipated higher prices=20
and diminished quality of service in the wireless market from consolidating=
=20
the nation's second and third largest cell phone companies. "This merger=20
proposes an unacceptable level of concentration at the national level,=20
clearly in violation of the merger guidelines," states the petition filed=20
Monday with the FCC, which will determine the merger outcome. "But the=20
anti-competitive effects this merger will have on local markets is of even=
=20
greater concern." "Cingular and AT&T Wireless are the second and third=20
largest carriers nationally, but in many local markets where Cingular's=20
parent companies are the monopoly landline telephone providers, these=20
companies are the number one and number two players -- a combination that=20
proper anti-trust scrutiny would surely block," the petition said. Cingular=
=20
Wireless is owned by two of the largest Bell local telephone companies in=20
SBC Communications and Bell South. Allowing Cingular and AT&T Wireless to=20
merge points to a dangerous consolidation trend that ultimately could lead=
=20
to higher prices and poorer service for cell phone customers, the groups=20
warned, as fewer competitors offer service to local customers. "The=20
Commission can easily find adequate grounds for rejecting this merger using=
=20
traditional competitive guidelines, both under antitrust standards and the=
=20
FCC's public interest standard," the petition states. "However, should the=
=20
Commission fail to do so -- the net result would be a massive consolidation=
=20
in the wireless market leading to higher prices and diminished quality of=20
service."
The petition is online at=20
http://www.consumersunion.org/pub/0503%20FCC%20petition%20to%20deny,%20A...
ing.pdf
[SOURCE: Consumers Union]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001041.html...
e

BROADCASTING

NBC STATIONS CALL BONO DECISION 'INTOLERABLE'
NBC affiliates are adding their voice to the chorus calling for the FCC to=
=20
reverse its Bono/Golden Globe Awards ruling. The stations say that the=20
result of the FCC's decision to find the Bono F-word indecent regardless of=
=20
context or of its "fleeting or isolated" nature, will be self-censorship=20
that is "harsh" and "intolerable." The decision, said the stations, "cannot=
=20
be allowed to stand." The NBC stations echoed the warnings of CBS=20
affiliates that if the FCC decision stands, "local broadcasters reasonably=
=20
may question whether live local news outside of the safe harbor is feasible=
=20
under the commission's new indecency policies."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA415477?display=3DBreaking+News
(requires subscription)

2003 PUBLIC SERVICE ANNOUNCEMENTS
Despite a challenging economy and a competitive public service advertising=
=20
(PSA) environment, campaigns produced by the Ad Council received more than=
=20
$1.3 billion in donated media time and space during 2003, marking the sixth=
=20
straight year the organization's campaigns received in excess of $1 billion=
=20
in donated media support. The total ranked the Ad Council equivalent to the=
=20
seventh largest advertiser in the United States in 2003. In a move that=20
breaks from the 62-year old organization's traditional media outreach=20
model, the Ad Council also announced today that it has secured=20
unprecedented, upfront media commitments from approximately 20 media=20
companies for 2004, totaling approximately $250 million. The donated media=
=20
support and the upfront commitments were announced Thursday at the Ad=20
Council's Board of Directors meeting in New York. The U.S. Department of=20
Homeland Security "Ready" campaign, launched in February 2003, received=20
more than $225 million in donated media support last year, the largest=20
annual contribution for a campaign in the Ad Council's 62-year history.=20
Other top campaigns across all forms of media included High School Dropout=
=20
Prevention, Community Drug Prevention, Paternal Involvement, Get Green=20
(Environmental Awareness), Racial Cooperation and Colorectal Cancer=20
Prevention. Radio remained the largest supporter of the Ad Council's PSA=20
campaigns, donating $578.4 million in airtime, which included English- and=
=20
Spanish-language radio stations. Magazine support increased by 360% from=20
2002 with a $26.4 million contribution of ad space. Yellow Pages=20
experienced the most dramatic increase - 885%, which was primarily due to=20
an unprecedented commitment to the "Ready" campaign. Despite a decrease=20
from 2002 by 14%, broadcast and cable television remained the second=20
largest supporter of Ad Council PSAs, donating a total of $364 million in=20
ad time.
[SOURCE: Ad Council Press Release]
http://www.adcouncil.org/about/news_050604/
(requires subscription)

TELEVISION GOES TO SCHOOL: THE IMPACT ON STUDENT LEARNING IN FORMAL=
EDUCATION
Video continues to be an effective, engaging and essential teaching tool,=20
despite the arrival of technologies like computers, DVDs and the Internet,=
=20
says a new report released by the Corporation for Public Broadcasting=20
(CPB). Television Goes to School: The Impact of Video on Student Learning=20
in Formal Education, prepared by EDC=92s (Education Development Center,=
Inc.)=20
Center for Children and Technology, presents data on video=92s impact on=20
student performance and offers practical tips and recommendations to help=20
broadcasters and educators connect video resources and learners with rich=20
standard-based content. CPB commissioned the report to support local public=
=20
television station=92s efforts to inform local policy makers on the=
important=20
role educational video continues to play in media-rich classroom=20
environments. CPB is distributing the report to public television stations=
=20
and educators around the country as well as other stakeholders and partners=
=20
in order to raise awareness.
The report is online at http://www.cpb.org/ed/resources/videoclassroom.html
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=3D353
(requires subscription)

INTERNET

LIBERAL NET RULES SPAWN POLITICAL ATTACK ADS
Federal Trade Commission interpretation of the Bipartisan Campaign Reform=20
Act of 2002, better known as the McCain-Feingold law, has created a double=
=20
standard for the Internet and other media. The Internet is exempt from the=
=20
law's "stand by your ad" requirement, so it has become a major medium for=20
distributing attack ads. This double standard is drawing scrutiny from=20
Congress. On Thursday, senators Ron Wyden (D-OR) and Lindsey Graham (R-SC)=
=20
introduced a bill to amend current law and require explicit candidate=20
endorsements embedded in any advertisement "which is transmitted through=20
the Internet." "Internet campaigning looks like the Wild West," said Sen=20
Wyden. "You go in, you sling your mud, hit below the belt, and get the heck=
=20
out of Dodge before anybody knows who did the dirty deeds. I think people=20
are going to do more of this, because the Net is where the accountability=20
rules don't apply yet."
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/2100-1028_3-5207277.html?tag=3Dnefd.lede

FTC TESTIMONY HIGHLIGHTS FILE-SHARING DANGERS
Speaking before the House Subcommittee on Commerce, Trade and Consumer=20
Protection, Howard Beales III, director of the FTC's Bureau of Consumer=20
Protection, said that file-sharing, or peer-to-peer, software can "expose=20
consumers to unwanted pornography, as well as games, videos and music that=
=20
may be inappropriate for children." The subcommittee is considering a bill,=
=20
introduced in Congress last year, that would require file-swapping=20
companies to get parental permission before allowing minors to use their=20
services. The bill, called the Protecting Children from Peer-to-Peer=20
Pornography (P4) Act and sponsored by Reps. Joe Pitts (R-PA) and Chris John=
=20
(D-LA) would require the FTC to regulate peer-to-peer networks and take=20
steps to ensure that children aren't accidentally coming across porn. The=20
bill's sponsors said as many as 40 percent of all files traded on the=20
networks are porn.
[SOURCE: C-Net|News.com, AUTHOR: Matt Hines]
http://news.com.com/2100-1025_3-5207254.html?tag=3Dnefd.top

AT THE FCC

TRENDS IN TELEPHONE SERVICE
The FCC released its Trends in Telephone Service report, which summarizes=20
in one convenient reference information published in various reports over=20
the course of the past year. The report provides answers to some of the=20
most frequently asked questions about the telephone industry asked by=20
consumers, members of Congress, other government agencies,=20
telecommunications carriers, and members of the business and academic=20
communities. Topics include: advanced telecommunications services, local=20
telephone competition, international calling, subscribership/household=20
expenditures and universal service.
The report can also be downloaded from the FCC-State Link Internet site at=
=20
www.fcc.gov/wcb/stats
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246951A1.doc

OPEN MEETING AGENDA
The FCC will hold an Open Meeting on the following subjects on Thursday,=20
May 13, 2004, which is scheduled to commence at 9:30 a.m. in Room TW-C305,=
=20
at 445 12th Street, S. W., Washington, D.C. 1) The Wireless=20
Telecommunications Bureau, Wireline Competition Bureau and the Consumer &=20
Governmental Affairs Bureau will present a progress report on number=20
portability implementation. 2) The Commission will consider an Eighth=20
Report and Order and Fifth Order on Reconsideration concerning local phone=
=20
competition. 3) The Commission will consider a Notice of Proposed=20
Rulemaking concerning unlicensed operation in the TV broadcast bands.=20
There's more at the URL below.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246980A1.doc

QUICKLY

PRIVACY AND SPEECH CONCERNS WITH DOMAIN NAME REGISTRATION LEGISLATION
Five civil liberties groups, including CDT, sent a letter asking the House=
=20
Judiciary Committee to consider the privacy and civil liberties impacts of=
=20
a bill that would expand penalties in copyright, trademark, and criminal=20
suits against Internet users who included false information in domain name=
=20
registrations. The groups asked the Committee to put off approval of the=20
bill until a hearing on its impacts on private domain name holders and on=20
protected speech online could be held.
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)

(CA) SENATE PANEL OKs E-VOTING BAN
Less than a week after Secretary of State Kevin Shelley decertified all=20
electronic-voting machines used in California, a state Senate committee=20
approved a bill that would ban the use of the machines in the Nov. 2=20
election. "Until we are totally confident in the reliability of=20
electronic-voting machines, they should not be used," Sen. Ross Johnson,=20
R-Irvine, told the Senate Elections and Reapportionment Committee.
[SOURCE: San Jose Mercury News, AUTHOR:Elise Ackerman]
http://www.mercurynews.com/mld/mercurynews/business/technology/8601825.htm
--------------------------------------------------------------
Happy Mother's Day -- see you Monday.
--------------------------------------------------------------