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Benton's Communications-related Headlines for 5/06/04

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

MEDIA & POLITICS
Disney Takes Heat on Blocking Bush Film

INDECENCY
Some CBS Affiliates Could Drop Live News
Concerned Women Launch Buffet-Cable Push

COMPETITION
SBC Dispute Undermines Move Toward Local Phone Competition

BROADBAND
FCC's Wireless Broadband Access Task Force

MEDIA & POLITICS

DISNEY TAKES HEAT ON BLOCKING BUSH FILM
The Disney-Michael Moore controversy heated up Wednesday as Mr. Moore
appeared on a number of TV shows and Sen Frank Lautenberg (D-NJ) called for
hearings into "the pattern of politically based corporate censorship of the
news media and the entertainment industry." Mr. Moore may be using the
attention the controversy has gained to help find a new distributor for the
film and, ultimately, bigger audiences. Disney executives said it was made
clear to Miramax last May, when it became the principal investor in the
film, that Disney would not let it be the distributor.
[SOURCE: New York Times, AUTHOR: Jim Rutenberg & Laura Holson]
http://www.nytimes.com/2004/05/06/national/06FILM.html
(requires registration)
The NYTimes also is running an editorial on the subject this morning. In
"Disney's Craven Behavior," the paper accuses Disney of cowardice. The
company should be a champion of free expression and "acceptable political
commentary," but its actions "underscore the dangers of allowing huge
conglomerates to gobble up diverse media companies." The editorial
concludes: it is clear that Disney loves its bottom line more than the
freedom of political discourse.
[SOURCE: New York Times, AUTHOR: Editorial Staff]
http://www.nytimes.com/2004/05/06/opinion/06THU4.html
(requires registration)

INDECENCY

SOME CBS AFFILIATES COULD DROP LIVE NEWS
CBS affiliate stations are warning the FCC that the indecency crackdown
will "fundamentally alter the manner in which local broadcasters engage in
newsgathering." The stations are telling the Commission that unless it
changes its ruling about profanities on-air, many will have to stop doing
news outside of the 10 p.m.-6 a.m. safe harbor for indecent speech. "Live
newsgathering outside of the safe harbor will be a risk that many licensees
can't take," the affiliates wrote the FCC. Public television stations have
already begun to self-censor, they wrote in a separate FCC filing. stations
have deleted language from "Prime Suspect" on Masterpiece Theater and even
had to consider whether to edit our a nude lithograph from Antiques
Roadshow, even though the show had aired months before with no complaint.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA415396?display=Breaking+News
(requires subscription)
See Also:
PROFANITY RULES BOTHER NEWS SHOWS
"We'd like the commission to evaluate whether there's a difference in
scripted entertainment programming in which it's possible to know what is
about to happen versus coverage of, let's say, fires in Southern
California," Bob Lee, chairman of the CBS Television Network Affiliates
Assn., said Wednesday. "Do you want to shoot the messenger when news media
might be there as observers and participants in the story?"
[SOURCE: Los Angeles Times, AUTHOR:Lynn Smith]
http://www.latimes.com/business/printedition/la-fi-news6may06,1,4620076....

CONCERNED WOMEN LAUNCH BUFFET-CABLE PUSH
Concerned Women For America (CWA) kicked off its pro-a la carte pricing
campaign with release of a survey finding that 80% of respondents are in
favor of paying for only the cable and network channels they want.
Representatives from CWA were joined at a press conference by Sen John
McCain (R-AZ) and Rep Nathan Deal (R-GA).
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA415486?display=Breaking+News
(requires subscription)
The National Cable & Telecommunications Association responded to recent
pressure for a la carte pricing with a white paper -- The Pitfalls of A La
Carte: Fewer Choices, Less Diversity, Higher Prices -- which claims a la
carte would harm consumers by reducing choice and driving up prices.
http://www.ncta.com/press/press.cfm?PRid=495&showArticles=ok
Also an a la carte amendment to the Satellite Home Viewer Improvement Act
proposed by Rep Deal could be blocked by House rules. Rep Deal will have
to demonstrate that cable a la carte provisions could be attached to
satellite legislation without running afoul of germaneness requirements.
http://www.multichannel.com/article/CA415474?display=Breaking+News

COMPETITION

SBC DISPUTE UNDERMINES MOVE TOWARD LOCAL PHONE COMPETITION
In negotiations to lease parts of its local network to a competitor, phone
giant SBC proposed that Talk America, a small company that sells bundled
local and long-distance services, send 90% or more of its phone traffic to
SBC's network instead of using its own equipment and not enter similar
agreements with rival phone networks. Jim Ellis, SBC general counsel,
defended SBC's strong demands from those seeking access. "If you want the
best price, then that involves duration and volume commitments," he said.
Although Talk American has a nondisclosure agreement with SBC, the company
appears to have shared documents with FCC Commissioner Kevin Martin.
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie
Squeo annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB108379454957103153,00.html?mod=todays...
(requires subscription)

BROADBAND

FCC'S WIRELESS BROADBAND ACCESS TASK FORCE
Wireless broadband platforms are an increasingly popular alternative for
business and residential consumers. In light of the continuing development
of the market for wireless broadband services, FCC Chairman Michael Powell
has formed a Wireless Broadband Access Task Force, whose objective is to
review applicable spectrum management policies and regulations. The Task
Force will reach out to all relevant stakeholders and develop
recommendations that will further the deployment of wireless Internet
service providers (WISPs). This Task Force will review current policies to
identify whether any changes can further facilitate WISP growth. To assist
with its review, the Task Force will also actively solicit public input in
numerous ways, including seeking comment on the questions posed in the
Public Notice linked below and conducting various outreach activities. The
Task Force is asking for comment on 12 questions related to broadband
services. Comments are due June 3, reply comments July 1. The Task Force
will also conduct and participate in multiple outreach activities to obtain
input regarding current wireless broadband policies from May 2004 to August
2004. A Wireless Broadband Forum is scheduled for May 19, 2004.
The Task Force homepage is http://www.fcc.gov/wbatf/
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1266A1.doc
Statement by Chairman Powell
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246852A1.doc
--------------------------------------------------------------
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 5/05/04

For 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.

CABLE & BROADCASTING & SATELLITE
FCC Officials Defend DTV Transition Plan
No More Delays on Digital TV
Cable Women Take On 'Concerned' Women
FCC's Ferree Favors a la Carte
Powell: VoIP Will Pack a Wallop
Ergen Could Compromise on DTV Delivery Plan
Media Institute Opposes Bono Reversal
Gore Group Buys Newsworld International

OWNERSHIP
Disney Forbidding Distribution of Film That Criticizes Bush
Remarks of Commissioner Copps at the Future of Music Coalition Policy Summit

PRIVACY
Does Gmail Breach Wiretap Laws?

QUICKLY
Electronic Voting Still In Infancy, Critics Say
Phone Companies Gain Ground in Speedy Web Access
Poll Shows Support for Offshoring Tax

CABLE & BROADCASTING & SATELLITE

FCC OFFICIALS DEFEND DTV TRANSITION PLAN
In New Orleans, FCC General Counsel John Rogovin predicted that the plan to
accelerate the transition to digital-only broadcasting would be appealed in
court, but is "a very defensible reading of the statute" and "would prevail
in court." FCC Media Bureau Chief Kenneth Ferree called the DTV transition
"the single most important thing the Commission will do while I'm there"
and said the Bureau has begun putting the plan on paper. Many are concerned
about the 15% of households using free, over-the-air TV, Chief Ferree
acknowledged, though he predicted the number will be lower by 2009. Robert
Pepper, FCC chief of policy development, said chipsets to convert DTV to
analog can be built for less than $25 within 24 months, and he's
"absolutely convinced" they'll be available. The statements by President
Bush and Sen John Kerry about making spectrum available for broadband
service has raised this issue's profile, said Jane Mago, chief of the FCC
Office of Strategic Planning.
[SOURCE: Communications Daily, AUTHOR: Michael Feazel]
(Not available online)

NO MORE DELAYS ON DIGITAL TV
Lenard supports the FCC's proposal to speed the transition to digital only
TV by counting cable and satellite subscribers as digital TV households.
Doing this could trigger the return of analog TV spectrum for auction and
new uses. Lenard estimates that only about 10% of US households receive
free, over-the-air TV. FCC Chairman Powell has said, "It seems clear to me
that at some point on the horizon, all Americans--perhaps in 10 years--will
have pay TV." By then, a significant portion of Americans may be getting
their TV over the Internet. As Powell also noted, "If 100 percent of
Americans don't get free, over-the-air TV, what are we protecting?" Lenard
suggests that Congress should take the opportunity afforded by the
reauthorization of the Satellite Home Viewer Improvement Act (SHVIA) to
allow satellite operators provide digital broadcast signals to more
subscribers. Doing so, it is suggested, will help the transition by moving
more people to pay for TV and by increasing the digital programming
available, it would increase demand for digital TVs. Lenard concludes:
Moving the nation the rest of the way from its current approximately 90
percent subscription viewership raises the prospect of reclaiming the
entire amount of spectrum currently reserved for broadcast TV (402 MHz) and
auctioning it off for other, higher-valued uses. Estimates, based on recent
auctions for 3G spectrum in both the United States and Europe, put the
market value of the TV spectrum as high as $367 billion. If just analog
spectrum were returned, the amount of spectrum relinquished would be
smaller but still very valuable. This issue is politically difficult,
because it pits powerful interest groups (the broadcasters and the cable
and satellite providers) against each other. But there is no alternative to
government taking the lead and doing it sooner rather than later. When
demand for the airwaves for innovative new wireless communications
technologies is exploding, the costs of delay are huge.
[SOURCE: C-Net|News.com, AUTHOR: Thomas Lenard, Vice President of Research,
Progress & Freedom Foundation]
http://news.com.com/2010-1040-5203382.html

CABLE WOMEN TAKE ON 'CONCERNED' WOMEN
Female cable executives have written Congress an open letter arguing
against the push for a la carte pricing. "Government efforts to dictate how
our programming is packaged or marketed would be bad for consumers because
it would give them less choice and less diversity in programming and it
would increase the price they would pay for this inferior set of
offerings," the executives wrote. The execs argue that a la carte servings
would significantly reduce the potential audience for niche networks like
Oxygen that target women and minorities. Their stand is in opposition to
that of a conservative group calling itself Concerned Women of America,
which is pushing for a la carte legislation. The House Commerce Committee
will consider a la carte pricing as potential amendment to the Satellite
Home Viewer Improvement Act.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA415156?display=Breaking+News
(requires subscription)
See also:
A La Carte Bashed in Big Easy
http://www.broadcastingcable.com/article/CA415208?display=Breaking+News

FCC'S FERREE FAVORS A LA CARTE
Speaking at the cable industry's annual meeting in New Orleans, FCC Media
Bureau Chief Kenneth Ferree was asked what he thinks about a la carte
pricing. "I am a fan of a la carte. I'll be an unabashed fan of a la
carte," he said. Chief Ferree added that cable-industry arguments that a la
carte would to lead to less choice and higher cable bills were debatable.
"There are many good arguments for why it wouldn't work. I'm just not
convinced [that they are correct]." Government-mandated a la carte is
favored by Senate Commerce Committee Chairman John McCain (R-AZ) and Rep.
Nathan Deal (R-GA). House Majority Leader Tom DeLay (R-TX) supports
voluntary a la carte, while House Energy and Commerce Committee Chairman
Joe Barton (R-TX) is giving cable's free channel-blocking approach to
indecency some time to work.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA415099?display=Breaking+News
(requires subscription)

POWELL: VOIP WILL PACK A WALLOP
FCC Chairman Michael Powell was in New Orleans Tuesday, speaking with
National Cable & Telecommunications Association President Robert Sachs at
the organization's national convention. On Internet telephone service
(VoIP), Chairman Powell said, "I think it is going to be the very, very
best and biggest breakthrough in our ambitions and dreams about competition
ever. If consumers respond to it, we will have to be vigilant about not
allowing the incumbent, in any anti-competitive way, to choke off that
possibility." He noted that Web-based VoIP providers have unimpeded access
to consumers with none of the network costs. VoIP providers can service
broadband services without the permission of -- or really even the
knowledge of -- the networks' owners, posing a low-cost threat to local
phone markets that have been dominated by the Baby Bells for decades. The
convention ends today.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA415259?display=Breaking+News
(requires subscription)

ERGEN COULD COMPROMISE ON DTV DELIVERY PLAN
EchoStar Chairman Charlie Ergen told the Senate Commerce Committee Tuesday
that he's open to a compromise with broadcasters over his controversial
proposal to transmit digital network channels from big cities into local
markets across the country. Given the right language in the Satellite Home
Viewer Improvement Act, EchoStar would commit to shut off imported network
channels in a market once the company offers that network's local
affiliate. is asking Congress for the right to beam high-definition
programming from network stations in big markets to customers around the
country who can't get HD and other digital programming from local network
affiliates, which may be offering digital with only low power signals or
not at all. Broadcasters believe that Mr. Ergen is a big, fat
liar. "Echostar has no intention of returning these viewers once local
service is available in their markets," complained Jim Yager, CEO of
Barrington Broadcasting.
Links to written testimony are available at
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1174
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA415146?display=Breaking+News
(requires subscription)

MEDIA INSTITUTE OPPOSES BONO REVERSAL
The Media Institute, a think tank funded mainly by the major broadcast TV
networks and other large media companies, hand delivered comments to the
FCC today in opposition to the Commission's recent ruling to make
profanities off-limits to broadcasters. The institute says the Commission's
decision creates an "ominous scheme of speech regulation that will punish
even isolated or fleeting expletives without regard to their context, take
a new approach to profanity, and give the commission broad latitude to
arbitrarily define offensive speech." The institute wants the Commission to
study whether there is any way it can enforce an indecency policy "in the
context of the current media landscape and social climate that does not run
afoul of the First Amendment."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA415162?display=Breaking+News
(requires subscription)

GORE GROUP BUYS NEWSWORLD INTERNATIONAL
Former Vice President Al Gore and entrepreneur Joel Hyatt are acquiring
Newsworld International (NWI), a global-news channel from Vivendi Universal
Entertainment. "This is not going to be a liberal network or a Democratic
network or a political network in any way, shape or form," Mr. Gore told
reporters at the cable convention in New Orleans. "It is going to be an
exciting television home for young people in their 20s who want to learn
more about the world and hear real-life stories about the world -- and
about their lives -- in a voice that they recognize from a point of view
that they identify as their own." Without backing from a major media firm,
the new network may find trouble expanding its audience of 17 million
subscribers. Some caution that the cable industry may not make things easy
for Mr. Gore who was instrumental in passing cable regulation in 1992. Mr.
Gore made much of the fact that, in a world of media consolidation, NWI
will be an independent network. "Having independent voices -- particularly
in news and information, current affairs, real-life stories about our world
-- is a very important value to safeguard," he said.
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
http://www.multichannel.com/article/CA415100?display=Breaking+News
(requires subscription)
See also:
B&C: http://www.broadcastingcable.com/article/CA415098?display=Breaking+News
NYT: http://www.nytimes.com/2004/05/05/national/05GORE.html
WP: http://www.washingtonpost.com/wp-dyn/articles/A2108-2004May4.html
LATimes:
http://www.latimes.com/business/printedition/la-fi-gore5may05,1,4428051....

OWNERSHIP

DISNEY FORBIDDING DISTRIBUTION OF FILM THAT CRITICIZES BUSH
The Walt Disney Company is blocking its Miramax division from distributing
a new documentary by Michael Moore that harshly criticizes President Bush.
Disney and Miramax have a contract allowing it to prevent the company from
distributing films under certain circumstances, like an excessive budget or
an NC-17 rating. Miramax executives do not believe that this is one of
those cases. Disney is apparently nervous that the film will enrage the
Bush family and lead Gov Jeb Bush of Florida to end tax breaks Disney
receives for its theme park, hotels and other ventures in Florida. Mr.
Moore will present the film at the Cannes film festival this month and said
yesterday, "At some point the question has to be asked, 'Should this be
happening in a free and open society where the monied interests essentially
call the shots regarding the information that the public is allowed to see?'"
[SOURCE: New York Times, AUTHOR: Jim Rutenberg]
http://www.nytimes.com/2004/05/05/national/05DISN.html
(requires registration)

REMARKS OF COMMISSIONER COPPS AT THE FUTURE OF MUSIC COALITION POLICY SUMMIT
FCC Commissioner Michael Copps recently spoke up again against media
ownership consolidation and the Commission's media ownership rules adopted
last June. Commissioner Copps warns that media companies are increasingly
owning production, distribution and even creativity itself. "Anything with
the name "independent" on it seems to be on the endangered species
list. That's why I'd like to see some sort of set-aside, like 25-35% of
prime-time hours, for independent creators and producers." He argued that
independent programming would be a boost for localism, diversity and
competition, the "essential building blocks for a healthy and dynamic media
environment." Commissioner Copps summarized what's at stake: "At issue in
the Commission's dismal decision of last June is how America's TV, radio,
newspapers and even the Internet are going to look for years to come. Who
is going to control the media? How many -- or rather, how few --
companies? And for what purposes? How will we assure quality TV and music
instead of being so often fed a diet of pre-canned, nationalized fare aimed
primarily at selling products? Will we still be able to get real local news
and clashing points of view so we can make up our own minds on the issues
of the day? The issues here boil down to whether a few large conglomerates
will be ceded content control over our music, entertainment and
information; gatekeeper control over the civil dialogue of our country; and
veto power over the majority of what we and our families watch, hear and
read. These are incredibly huge stakes."
His full remarks are now online at the URL below.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246862A1.doc

PRIVACY

DOES GMAIL BREACH WIRETAP LAWS?
The Electronic Privacy Information Center (EPIC), Privacy Rights
Clearinghouse, and the World Privacy Forum have urged the Attorney General
of California to investigate Google's Gmail service, as it scans the
content of individuals' e-mails for targeted marketing in violation of
California's wiretapping laws. The groups also called upon Google to
suspend the service again, as Gmail users could be liable for violations of
the law. Last month, thirty-one privacy and civil liberties groups wrote to
Google, asking the company to voluntarily suspend the service. Jim Harper,
a lawyer who runs the privacy advocacy Web site Privacilla.org, said Gmail
is legal because it reviews only stored e-mail and does not meet the "in
transit" definition of a wiretap. In addition, the relatively dumb computer
program that matches keywords doesn't meet the California law's "read" or
"learn" requirements. "It's ridiculous," Harper said. "Is a faxed letter
that is copied and used in different ways also subject to this
interpretation? Maybe there's some future set of computers that comprehend
in the way we can agree on, but we're not there yet in artificial
intelligence...(The anti-Gmail) groups are intellectually rootless
opponents of commerce and progress."
[SOURCE: C-Net|News.com, AUTHOR:Declan McCullagh]
http://news.com.com/2100-1038_3-5205554.html?tag=cd.top
See text of letter to Attorney General Lockyer at
http://www.epic.org/privacy/gmail/agltr5.3.04.html
See letter to Google at
http://www.epic.org/privacy/gmail/google5.3.04.html

QUICKLY

ELECTRONIC VOTING STILL IN INFANCY, CRITICS SAY
Election Assistance Commission established by Congress is having its first
meeting today. After election problems in Florida in 2000 and 2002,
Congress allocated $3.9 billion for election upgrades. States will get the
biggest chunk of that in the next two months. But the commission, which was
established to guide them, just came into existence, too late to help in
buying decisions. And the federal research intended as the basis of the
standards has not been financed, much less begun. Opponents of electronic
voting say a lack of security safeguards for the new technology could
undermine voter confidence in this year's presidential election.
[SOURCE: Washington Post, AUTHOR: Dan Keating]
http://www.washingtonpost.com/wp-dyn/articles/A1876-2004May4.html
(requires registration)

PHONE COMPANIES GAIN GROUND IN SPEEDY WEB ACCESS
Verizon, SBC, BellSouth and Qwest added 1.05 million digital subscriber
lines (DSL) during the first quarter of 2004. While some cable companies
have yet to report results, analysts with Goldman Sachs and Deutsche Bank
estimate new DSL lines barely outsold new high-speed cable connections in
the quarter, with a total for both of about 2.3 million.
[SOURCE: Reuters, AUTHOR: Justin Hyde]
http://www.reuters.com/newsArticle.jhtml;jsessionid=1PJ1OMSV4YIQUCRBAEKS...

POLL SHOWS SUPPORT FOR OFFSHORING TAX
A CNET News.com and Harris Interactive poll finds that 40% of U.S.
technology executives surveyed would be willing to pay higher taxes to
compensate for jobs they send offshore. The poll also suggests that
companies would be willing to help pay for improvements in the quality of
American education and worker retraining to help the United States maintain
its competitive edge in technology.
[SOURCE: C-Net|News.com, AUTHOR: Charles Cooper]
http://news.com.com/2100-1022_3-5204950.html?tag=nefd.top
--------------------------------------------------------------

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

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.

BROADBAND BACKLASH
No Net Taxes? Why Not?
There's No Need For U.S. to Subsidize Broadband Access
Florida Paves Way for VoIP Taxation

TELECOM
Hearing Generates Ideas for Telecom Act Rewrite
Telecom's Potential
Baby Bell, Union Far Apart Amid Strike Talk

NEWS FROM THE BIG EASY
Sachs Tells Cable to Improve Pitch
Cable Lawyer: A la Carte Would Face Court Buzz Saw
Cable CEOs Downplay Reg Risk

SATELLITE
Update: Satellite Home Viewer Improvement Act
Nextel Would Pay $500M ENG Bill

QUICKLY
Republicans Lure the Arts to Politics and Protests
Newspaper Circulation Continues Overall Decline
Wireless Living

BROADBAND BACKLASH

NO NET TAXES? WHY NOT?
By March, 2004, 41.5% of U.S. households with Internet access already had=20
broadband and that share is growing by about 1% a month. So why does=20
broadband need subsidies and tax breaks, asks Gleckman. What problems are=20
lawmakers trying to solve. Local and state telecom taxes average about 6.5%=
=20
-- that means ~60 cents/month on dial-up accounts and maybe $2.60/month for=
=20
broadband connections. Are those figures scaring away any potential=20
Internet subscribers? The why did the Baby ells just increase the cost of=20
DSL by $2 to $3 a month? Gleckman concludes: High-speed Internet access is=
=20
a marvelous economic success story. In a few years, it will be a=20
near-universal means of communications in the U.S. And it's hard to imagine=
=20
how imposing a modest sales tax on the service will slow that trend or why=
=20
costly new government subsidies are needed to accelerate it.
[SOURCE: BusinessWeek, AUTHOR:Howard Gleckman]
http://www.businessweek.com/technology/content/may2004/tc2004053_0658_tc...
htm

THERE'S NO NEED FOR U.S. TO SUBSIDIZE BROADBAND ACCESS
Broadband services may be useful, but not useful enough to merit government=
=20
subsidies, Murray argues in his column. Governments normally step in when=20
markets fail, but the marketplace for broadband is working just fine. Rural=
=20
access is growing just fine, too, Murray argues. "Rural users may have to=20
pay more, but so what? The government doesn't intervene to ensure I can buy=
=20
a house in Washington, D.C., at Montana prices. Why would it intervene to=20
ensure Montanans can buy broadband at Washington, D.C., prices?" Instead of=
=20
tax breaks and subsidies, Congress should concentrate on creating=20
regulatory parity, privacy and security laws. "But the government doesn't=20
need to be setting prices, defining the products or subsidizing services.=20
The industrial policy debate ended more than a decade ago, when the=20
Japanese economy tanked and U.S. technology businesses soared. No reason to=
=20
revive it now."
[SOURCE: Wall Street Journal, AUTHOR: Alan Murray at Alan.Murray( at )wsj.com]
http://online.wsj.com/article/0,,SB108362192708100709,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

FLORIDA PAVES WAY FOR VoIP TAXATION
Last week, the Florida House of Representatives failed to pass a bill that=
=20
would have postponed the enforcement of a tax levied on businesses and=20
individuals using substitute communications such as VoIP. The statute was=20
originally meant to tax businesses that bypassed the local telephone=20
network by establishing their own communications network. While it was=20
originally written with technologies such as satellite and microwave in=20
mind, it could be applied to businesses carrying voice traffic over their=20
IP data networks as well as individuals using VoIP services from companies=
=20
like Vonage. The Department of Revenue will now establish rules for the=20
enforcement of the tax. These rules must be approved by the governor and=20
his cabinet before the tax can be enforced.
[SOURCE: C-Net|News.com, AUTHOR: Marguerite Reardon]
http://news.com.com/2100-7352_3-5204656.html?tag=3Dnefd.top

TELECOM

HEARING GENERATES IDEAS FOR TELECOM ACT REWRITE
Jackson's commentary highlights six interesting ideas presented at the=20
Senate Commerce Committee's hearing on telecom policy last week. 1)=20
Simpler, less vague legislation would help keep telecom policy out of the=20
courts. 2) Legislation should not delegate major decisions to the FCC. 3)=20
The telecom industry spends more on litigation and regulation than on=20
research and development; this may be evidence that a regulatory revamp=20
which streamlines the process is long overdue. 4) Regulatory parity is=20
needed between technologies. 5) Set universal service goals and decide how=
=20
to fund them. 6) Every man, woman and child with either a telephone or a=20
television should receive Benton's Headlines -- so start sharing with your=
=20
friends. Jackson ends: It will be interesting to see how many of these=20
ideas become part of the next telecom legislation package, if one ever gets=
=20
passed in the next couple of years. Many of these notions sound good in a=20
hearing, but may not play as well in the harsh arena of political reality.
[SOURCE: Telephony's Regulatory Insider, AUTHOR: Donny Jackson]
djackson( at )primediabusiness.com

TELECOM'S POTENTIAL
A new report from the American Council for Capital Formation to be released=
=20
today will suggest that if telecom deregulation was done right capital=20
spending on communications equipment alone could increase by an average of=
=20
$2.8 billion a year over the next five years and create jobs. Regulatory=20
uncertainty is one of the reasons both market capitalization and capital=20
investment in the industry is down. Under-investment in infrastructure is=20
credited to price controls and an industrial policy that ignores property=20
rights in this editorial. It concludes: "[President] Bush rightly says 'a=20
proper role for the government is to clear regulatory hurdles so those who=
=20
are going to make investments do so.' Let's hope Washington's gridlocked=20
regulators finally get the message."
[SOURCE: Wall Street Journal Editorial Staff]
http://online.wsj.com/article/0,,SB108362611545400865,00.html?mod=3Dtoda...
s_opinion
(requires subscription)

BABY BELL, UNION FAR APART AMID STRIKE TALK
The Communications Workers of America and Baby Bell SBC may be headed to a=
=20
work stoppage as the two sides try to negotiate a new contract. Sticking=20
points in the talks include the company's insistence that union members=20
start shouldering more of their healthcare costs and the union's insistence=
=20
that SBC curtail the number of jobs it shifts to outside companies, many of=
=20
them overseas. In the last three years, 20,000 of SBC's union jobs were=20
eliminated, most of them in the local wireline business that has seen=20
demand plummet. Meantime, the company has been moving high-speed Internet=20
and other high-tech customer support jobs to overseas companies. CWA=20
represents 100,000 workers employed by SBC. More information is available=20
at www.cwa-union.org/sbc
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-sbclabor4may04,1,7066...
story?coll=3Dla-headlines-pe-business

NEWS FROM THE BIG EASY

SACHS TELLS CABLE TO IMPROVE PITCH
National Cable & Telecommunications Association president Robert Sachs told=
=20
cable executives they need to do a better job of making the case to=20
Washington and consumers that they are getting additional value and=20
programming for their dollar. But a la carte pricing is not a solution Mr.=
=20
Sachs told the audience in New Orleans, "A la carte pricing would have a=20
devastating impact on ad-supported program networks that depend upon wide=20
distribution." As to indecent content, Mr. Sachs said, "I am proud our=20
industry responded swiftly by offering free channel blocking equipment to=20
consumers and informing them about tools to protect children from=20
inappropriate programming. Our follow-through will be just as critical."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA414692?display=3DBreaking+News
(requires subscription)
SACHS: CABLE SHOULD EMBRACE VOIP SOCIAL POLICIES
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA414707?display=3DBreaking+News
(requires subscription)

CABLE LAWYER: A LA CARTE WOULD FACE COURT BUZZ SAW
Comcast's top lawyer said a la carte legislation will be tough for Congress=
=20
to pass because many lawmakers know the courts would probably strike it=20
down under the First Amendment. "Lawmakers who have talked about and=20
offered to introduce legislation acknowledge that there are serious=20
constitutional infirmities in going this route," said Terry Bienstock,=20
executive vice president and general counsel of Comcast Cable. "So,=20
ultimately, I don't think it will get done, but we're taking it seriously =
=85=20
and doing what we can to make sure it doesn't get any legs," he added.=20
Charter Communications executive VP and general counsel Curtis Shaw said a=
=20
la carte would include lots of hidden costs like developing a "specialty=20
billing" system. Lost ad revenue would be made up by higher retail prices=20
-- exactly what people don't want.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA414670?display=3DBreaking+News
(requires subscription)

CABLE CEOs DOWNPLAY REG RISK
At the National Cable Show in New Orleans, cable executives downplayed the=
=20
possibility that Congress will enact a la carte or decency mandates on the=
=20
industry any time soon. Comcast CEO Brian Roberts questioned whether the=20
indecency restriction push is =93a legitimate debate or an election-year=20
debate=94. Time Warner CEO Richard Parsons noted that =93The indecency issue=
is=20
as old as our democracy.=94 But =93I don't think it=92s going to be a=
significant=20
issue for our industry.=94 He said that media companies may tone things down=
=20
a little, but ultimately =93you run your business the way your customers=
tell=20
you to run your business.=94 Charter Communications CEO Paul Allen said that=
=20
a la carte pricing would destroy the economics of ad-supported basic cable=
=20
networks. All the nodding heads in the audience sighed and felt a lot=
better.
[SOURCE: Broadcasting&Cable, AUTHOR: John Higgins]
http://www.broadcastingcable.com/article/CA415052?display=3DBreaking+News
(requires subscription)
Also see:
CABLE LEADERS RIP A LA CARTE
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA415046?display=3DBreaking+News
(requires subscription)

SATELLITE

UPDATE: SATELLITE HOME VIEWER IMPROVEMENT ACT
The Senate Commerce Committee will hold a hearing today on reauthorization=
=20
of the Satellite Home Viewer Improvement Act (SHVIA). Public Knowledge=20
President Gigi B. Sohn will tell the Committee that controversial bills=20
that would change copyright law should be left off of legislation. The law,=
=20
which allows satellite TV providers such as Dish Network and DirecTV to=20
carry local and network TV signals, expires later this year. In her written=
=20
testimony, Ms. Sohn wrote =93We are concerned that because SHVIA must pass=
=20
by Sept. 30, 2004, it may become a vehicle for other intellectual=20
property-related legislation, some of which proposes radical changes to=20
copyright law.=94 Ms. Sohn will mention several bills pending in the Senate=
=20
and House to change copyright law that sponsors may wish to attach to=20
SHVIA. Public Knowledge is most concerned about H.R. 4077, a bill which=20
would lower the legal standard for copyright infringement. The Commerce=20
Committee =93should reject any and all attempts to turn SHVIA into a Trojan=
=20
Horse for those who would like to change copyright and trademark law,=94 Ms.=
=20
Sohn plans to say. Also in her testimony, Ms. Sohn will stress that the=20
broadcast industry should be held to a Dec. 31, 2006 deadline for=20
converting to digital transmissions. The spectrum turned back by=20
broadcasters would lead to improvements in wireless services, including=20
broadband offerings, telephony and emergency communications. Ms. Sohn will=
=20
also endorse a proposal to allow satellite providers to carry distant=20
network signals in areas where viewers don't yet have access to locally=20
broadcast digital TV. Such a proposal, she'll say, would =93not only=20
encourage the purchase of digital television sets, but would provide local=
=20
broadcasters an incentive to provide a full-power digital signal."
The hearing will be webcast; see the URL below.
[SOURCE: US Senate]
http://commerce.senate.gov/hearings/witnesslist.cfm?id=3D1174

NEXTEL WOULD PAY $500M ENG BILL
The FCC has ordered broadcasters to relinquish control of spectrum used to=
=20
transmit live news reports and sports coverage back to the studio. Over the=
=20
next decade, broadcasters supposed to give up one-third of these=20
"electronic newsgathering" (ENG) channels to satellite communications=20
companies. The problem is, the move is expected to cost stations hundreds=20
of millions of dollars and, even though the satellite companies are legally=
=20
obligated to pay for the costs of buying or adapting transmission trucks=20
and receive sites, few have raised enough money to build out their=20
communications networks, much less pay broadcasters. Nextel has developed a=
=20
proposal to pay $500 million upfront to help broadcasters make the move. In=
=20
return, Nextel wants FCC assurance that it will get a small sliver of the=20
spectrum now used for ENG channels as well as another chunk of spectrum=20
close by. Besides speeding the ENG takeback, the government would get=20
another benefit from the new plan: Nextel would vacate crowded spectrum at=
=20
800 MHz where phone users routinely interfere with communications of public=
=20
safety departments.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA415063?display=3DBreaking+News
(requires subscription)
Nextel Strikes Deal With TV Broadcasters
[SOURCE: Washington Post, AUTHOR: ]
http://www.washingtonpost.com/wp-dyn/articles/A64125-2004May3.html
(requires registration)

QUICKLY

REPUBLICANS LURE THE ARTS TO POLITICS AND PROTESTS
A look at the political events artists are organizing in New York for the=20
Republican National Convention in August/September.
[SOURCE: New York Times, AUTHOR: Julie Salamon]
http://www.nytimes.com/2004/05/04/arts/04PROT.html
(requires registration)

NEWSPAPER CIRCULATION CONTINUES OVERALL DECLINE
The Audit Bureau of Circulations reported yesterday that the newspaper=20
industry's overall long-term decline is continuing. The New York Post, the=
=20
New York Times, the Daily News, the Wall Street Journal and the USA Today=20
all saw circulation gains in the last six months, but for the majority of=20
papers, subscribership is down. "Their readers are dying off faster than=20
they're being replaced," said John Morton, president of Morton Research, a=
=20
newspaper consulting firm. "The encouraging thing is that nationally, this=
=20
time, it wasn't a very big drop.''
[SOURCE: New York Times, AUTHOR: Jacques Steinberg]
http://www.nytimes.com/2004/05/04/business/media/04circulation.html
(requires registration)

The New York Times has a special section today -- Wireless Living. See=20
articles at http://www.nytimes.com/technology/techspecial/
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/03/04

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
Fighting for Free Speech Means Fighting for...Howard Stern
New Threat to Broadcasters
Local Broadcasters Offer Cheaper Premium Services
Stations' Rights
Fritts Survives. Can the NAB?
CPB Board Actions on Future Fund and Transition to Digital Broadcasting

CABLE
MAP Asks FCC to Delay Cable Mergers
Seven Things That Will Change Cable TV in 2004

TELECOM
New FCC Order on Lifeline and Link-Up
Is a Truce Possible in Phone Fight?
CTIA Proposes 800 MHz Compromise

QUICKLY
How VoIP Can Connect the Disabled
New Internet Site Turns Critical Eyes and Ears to the Right
Downloading Again
Challenge to Ban on Internet Gambling Upheld
California Toughens E-voting Standards
Google Plans Foundation to Take Aim at Global Ills

BROADCASTING

FIGHTING FOR FREE SPEECH MEANS FIGHTING FOR...HOWARD STERN
In this editorial, Cohen asks readers to rise to defend on-air flatulence=20
jokes. Although the raunchy Mr. Stern has garnered most of the headlines=20
and half of the indecency fines since 1990, it is important to remember=20
that the FCC's new approach to curbing the programming applies to everyone.=
=20
"The danger it poses to the culture is real," Cohen writes. The FCC's new=20
rules mean profanity is off limits which means "the most commonplace of=20
divine imprecations, such as 'Go to Hell' or 'God damn it,' are now=20
actionable," according to opponents of the new approach. As disturbing as=20
the new rules, Cohen writes, is the FCC's warning that it does not intend=20
to hold itself to any specific definitions of indecency. The commission=20
states, at the end of a list of vague categories of forbidden speech, that=
=20
it will "analyze other potentially profane words or phrases on a=20
case-by-case basis." While making its criteria hopelessly vague, the FCC is=
=20
removing longstanding protections that give speakers breathing room. While=
=20
the law has long said that violations must be "repeated" before a penalty=20
can be imposed, the FCC now says an isolated incident is enough. Instead of=
=20
requiring that offenses be "willful," the new rules hold that a=20
broadcaster's good-faith efforts to understand highly subjective standards=
=20
are "irrelevant" to whether it will be punished. This will stifle artistic=
=20
expression and political dissent, Cohen writes.
[SOURCE: New York Times, AUTHOR: Adam Cohen]
http://www.nytimes.com/2004/05/03/opinion/03MON4.html
(requires registration)

NEW THREAT TO BROADCASTERS
The broadcast industry appears to be in no rush to rewrite the=20
Telecommunications Act of 1996. The industry fears legislation that could=20
set tighter limits on the number of broadcast stations one company can own,=
=20
as well as new public-interest obligations regarding local-election=20
coverage and kids programs. Congress might also move to speed-up the=20
transition to digital television, recovering spectrum and auctioning off=20
the resource to wireless companies. McConnell writes, "a bill is expected=20
in two years tops."
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA414425?display=3DTop+of+the+Week

LOCAL BROADCASTERS OFFER CHEAPER PREMIUM SERVICES
In the late 1990's, broadcasters throughout the country were given large=20
chunks of the airwaves at no cost with the understanding that they would=20
provide free digital signals as part of the government's push for=20
high-definition television. But because of improvements in digital signal=20
compression, it no longer takes nearly as much bandwidth to broadcast=20
digital television, so the broadcasters are left with plenty of bandwidth=20
to use, and profit from, however they see fit. Some broadcasters are=20
beginning to use this new capacity to offer a dozen or so of networks like=
=20
ESPN and Discovery for much less than cable and satellite providers do. A=20
number of companies are sprouting up to provide these services, but not=20
without critics including the Media Access Project, a public interest law=20
firm in Washington. "It doesn't make me jump for joy," Andrew Jay=20
Schwartzman, the group's president, said of plans to exploit extra=20
bandwidth. "But at least we were able to ensure in that process that the=20
broadcasters would be forced to pay a spectrum fee." Mr. Schwartzman=20
acknowledged that the new services might potentially benefit consumers by=20
offering competition to cable.
[SOURCE: New York Times, AUTHOR: Ian Austin]
http://www.nytimes.com/2004/05/03/business/media/03band.html
(requires registration)

STATION'S RIGHTS
A proposal is expected this month from the FCC that would allow local=20
broadcasters to preempt national network programming with local news and=20
sports or to drop programming they think is too racy for their hometowns. A=
=20
vote could come as early as June. This is a big issue for network=20
affiliates. Networks own so many stations they can threaten to terminate a=
=20
station's affiliation agreement without risking much damage to overall=20
ratings. "Because of that leverage, contracts are now written that we can't=
=20
reject a show unless the format dramatically changes," says Alan Frank,=20
president of Post-Newsweek Stations. Networks don't mind legitimate=20
preemptions. But they take umbrage at bumping series for a local basketball=
=20
game or election debate or to shield tender townsfolk from edgy fare. [So=20
election coverage isn't "legitimate"?]
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA414450?display=3DWashington
(requires subscription)

FRITTS SURVIVES. CAN THE NAB?
On April 26, we reported on efforts by National Association of Broadcasters=
=20
Joint Board Chairman Phil Lombardo's efforts to oust the lobby group's=20
president, Eddie Fritts. With a two-year extension all but worked out, Mr.=
=20
Fritts has survived the coup. But the internal turmoil still exists.=20
Affiliates of TV networks and owners of small radio- station groups remain=
=20
at odds and could possibly split the organization in two. The TV members=20
have pushed the NAB to wage an unrelenting fight to cap the growth of=20
network station ownership, which they say has given the nets too much=20
leverage over affiliation contracts. They also want NAB to take a higher=20
profile in fighting the anti-indecency regulations that are working their=20
way through Capitol Hill. Radio members say a $1 million-plus bill for=20
lobbying the FCC and Congress against the networks is a waste. Instead, the=
=20
group should be seeking ways to bring the networks and their lobbying clout=
=20
back into the fold.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA414452?display=3DWashington
(requires subscription)

CPB BOARD ACTIONS ON FUTURE FUND AND TRANSITION TO DIGITAL BROADCASTING
The CPB board of directors last week took formal action that will lead to=20
the end of the Television Future Fund upon board approval of the FY2005=20
budget which will eliminate its funding. =93In taking this action, we=20
recognize that public broadcasting is an interconnected group of local=20
stations who best know how to serve their local communities. We also=20
recognized the enormous financial pressure many stations are under,=94 said=
=20
Kenneth Y. Tomlinson, Chair of the CPB Board. =93Returning these funds to=20
local stations will help them serve their communities. We also recognized=20
that through the important work of the Future Fund, CPB has identified and=
=20
funded significant projects that will help stations move toward greater=20
financial stability.=94
The Board also unanimously approved a plan for allocating nearly $50=20
million in special funds provided by Congress to help public radio and=20
television stations make the transition to cutting edge digital technology.=
=20
This action will set aside more than $4 million to fund efforts to create=20
digital content and services for public television, the first time such=20
funding has been available.The funds, part of nearly $150 million that=20
Congress has provided to aid the digital transition over the last four=20
years, will help public stations cover the substantial costs of acquiring=20
basic transmission equipment and conducting research and development of new=
=20
digital multicast and datacast services, and secondary audio made possible=
=20
by the new technology. To date, CPB has provided grants to more than 170=20
public television stations and 118 public radio stations to begin their=20
digital transition. Stations will be able to apply for FY04 digital funding=
=20
this summer. Additional awards for public television and radio to convert=20
to digital also will be announced this spring.
[SOURCE: Corporation for Public Broadcasting Press Release]
http://www.cpb.org/programs/pr.php?prn=3D352

CABLE

MAP ASKS FCC TO DELAY CABLE MERGERS
The Media Access Project and the Georgetown University Law Center -- on=20
behalf of Consumers Union, Consumer Federation of America and the United=
Church
of Christ -- have asked the FCC to delay any other mergers by Comcast and=20
Time Warner until there=92s a new national cap on cable audience reach. The=
=20
cap has been in limbo for three years since a court ruling struck down the=
=20
previous cap limiting one operator's reach to 30% of pay-TV subscribers.=20
The consumer groups complained that the FCC has let the issue linger=20
unnecessarily. =93Despite repeated public and private assurances from the=20
staff that action on this [issue] would be forthcoming, it appears that it=
=20
will be months, at the least, before the Commission will consider the=20
question,=94 the letter said. Privately, FCC officials have told us they=20
continue to work on it, though it=92s not considered a front burner issue=20
given the agency=92s current focus on the digital transition and indecency.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA414160?display=3DBreaking+News
(requires subscription)
[SOURCE: Communications Daily, AUTHOR: Brigitte Greenberg]
(Not available online)

SEVEN THINGS THAT WILL CHANGE CABLE TV IN 2004
The cable industry is in flux for many reasons including federal policy.=20
Congress is considering whether cable should be under stricter indecency=20
standards, taxing high-speed Internet services, and the forcing cable to=20
sell networks "=E0 la carte." Here's B&C's seven things that will transform=
=20
the cable industry as we know it: 1) Some big cable companies will get=20
bigger as they buy Adelphia, Cablevision Systems and/or Insight=20
Communications. 2) A la carte pricing may mean the demise of some networks=
=20
and increased costs to consumers for popular networks. 3) Increased=20
competition from DirecTV with services like digital video recorders and=20
Interactive-TV capabilities. 4) NBC's takeover of USA network. 5) With=20
"Queer Eye" helping to double Bravo's prime time audience, all networks are=
=20
trying to find the next big hit that will put them on the map. 6)=20
Congressional pressure will get cable to reign in indecent programming. 7)=
=20
By pushing new digital video recorders (DVRs) into millions of homes, cable=
=20
operators are giving subscribers a degree of control that threatens to=20
dramatically disrupt broadcast-network business.
[SOURCE: Broadcasting&Cable, AUTHOR: John M. Higgins, Allison Romano, Bill=
=20
McConnell]
http://www.broadcastingcable.com/article/CA414509?display=3DTop+of+the+Week
(requires subscription)
With the cable industry holding its annual meeting in New Orleans this=20
week, a couple of stories look at how profits are doing and how operators=20
are focusing on providing telephone services over their networks.
HOPING TO ATTRACT CALLERS TO THE INTERNET
[SOURCE: New York Times, AUTHOR: Ken Belson & Matt Richtel]
http://www.nytimes.com/2004/05/03/technology/03voice.html
LOOKING PAST CABLE'S PROFITS TO THE RIVALS ON ITS HEELS
[SOURCE: New York Times, AUTHOR: Geraldine Fabrikant]
http://www.nytimes.com/2004/05/03/business/media/03cable.html
(requires registration)

TELECOM

NEW FCC ORDER ON LIFELINE AND LINK-UP
Lifeline provides low-income consumers with discounts of up to $10 off of=20
the monthly cost of telephone service for a single telephone line in their=
=20
principal residence. Link-Up provides low-income consumers with discounts=20
of up to $30 off of the initial costs of installing telephone service. On=20
Thursday, the FCC released a Report and Order which the Commission believes=
=20
will result in a more inclusive and robust Lifeline/Link-Up program. First,=
=20
the FCC adopted income-based eligibility criteria for the program. Now a=20
family of four whose annual income is at or below $24,840 to qualify for=20
Lifeline/Link-Up. The FCC estimates this move will increase=20
Lifeline/Link-Up subscribership by 1.17 million to 1.29 million. Second,=20
the FCC adopted outreach guidelines: A) states and carriers should utilize=
=20
outreach materials and methods designed to reach
households that do not currently have telephone service; B) states and=20
carriers should develop outreach advertising that can be read or accessed=20
by any sizeable non-English speaking populations within a carrier=92s=
service=20
area; and C) states and carriers should coordinate their outreach efforts=20
with governmental agencies/tribes that administer any of the relevant=20
government assistance programs. The FCC also adopted a voluntary survey=20
form which asks states to provide information about the eligibility=20
criteria, certification and verification procedures, and outreach efforts=20
implemented as a result of the changes adopted in this Order.
Finally, the Commission issued a call for public comment asking, in effect,=
=20
if these rules changes go far enough.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-87A1.doc

IS TRUCE POSSIBLE IN PHONE FIGHT?
The companies that own the nation's local telephone networks want more for=
=20
leasing their lines and equipment. Their rivals figure they can't pay=20
higher rates and stay profitable. Nobody wants to send customers bigger=20
monthly bills. How can the problem be solved? Perhaps the proposal offered=
=20
by AT&T last week is a sign of a possible solution. The nation's largest=20
seller of long-distance service proposed a different approach to relations=
=20
with the Bell companies, saying that it would use more of its own gear and=
=20
lessen its dependence on Bell equipment in exchange for concessions on the=
=20
Bells' part. "I think this proposal would be considered a success if it did=
=20
nothing more than start all parties thinking of new ways of coming=20
together," said Jeff Kagan, an independent telecom analyst in Atlanta.=20
"They've been butting heads since 1996, and their positions haven't changed=
=20
much." Scott C. Cleland, chief executive of Washington research firm=20
Precursor Group Inc., said the significance of AT&T's proposal is the=20
willingness to wean itself off Bell-owned equipment. But Cleland said in a=
=20
report last week that he remained skeptical that industrywide negotiations=
=20
would be fruitful.
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-phones3may03,1,661149...
ory?coll=3Dla-headlines-pe-business

CTIA PROPOSES 800 MHz COMPROMISE
The Cellular Telecommunications & Internet Association (CTIA) last week=20
urged the FCC to adopt a new compromise proposal on 800 MHz. The new plan=
=20
provides more than a three-fold increase in funds for public safety=20
communications over the =93Consensus=94 Plan and grants Nextel 10 MHz of=20
spectrum at 2.1 GHz - the same spectrum Nextel originally requested when it=
=20
first presented its 800 MHz transition plan to the FCC. In its letter to=20
the FCC, CTIA asked that if the Commission determines it is necessary to=20
reband public safety assignments and grant spectrum to Nextel outside the=20
800 MHz band, that it go forward with several key principles in mind. These=
=20
include: a) requiring Nextel to deposit a minimum of $3 billion into a=20
trust fund for Public Safety and Critical Infrastructure licensees to=20
ensure adequate funding; b) using an independent trustee to manage the=20
money and payments; c) granting Nextel the spectrum it originally requested=
=20
at 2.1 GHz; and d) in order to provide Nextel a strong incentive to reband=
=20
quickly and nationally, requiring Nextel to relocate and pay for Public=20
Safety before getting its spectrum grant on a market by market basis. To=20
ensure a resolution to this complicated issue in public safety=92s favor,=20
CTIA proposed, =93Public Safety would work with a Trust Fund administrator=
to=20
ensure that rebanding is completed and interference problems are solved=20
efficiently, effectively, and in a timely manner.=94 The plan guarantees,=
=93A=20
minimum of $3 billion from Nextel to fund rebanding and other measures=20
ordered by the Commission to address the interference problem.=94 In=20
addition to contiguous spectrum in the 800 MHz band after rebanding, Public=
=20
Safety would receive an additional 2.5 MHz of spectrum within 800 MHz, as=20
detailed in the Consensus Plan proposal.
See the CTIA filing at http://files.ctia.org/pdf/800MHzfiling.pdf
[SOURCE: Cellular Telecommunications & Internet Association Press Release]
http://www.ctia.org/news_media/press/body.cfm?record_id=3D1400

QUICKLY

HOW VOIP CAN CONNECT THE DISABLED
While VoIP is creating quite a stir in the telecommunications field=20
overall, it's an especially promising technology for people with=20
disabilities. VoIP integrates the phone, voice mail, audioconferencing,=20
e-mail, instant messaging, and Web applications like Microsoft Outlook on=20
one secure, seamless network. Plus, workers can use their PC, laptop, or=20
handheld as a VoIP phone from virtually anywhere, with the same phone=20
number, which benefits telecommuters, including those whose mobility is=20
impaired and must work from home. There's much more on what this technology=
=20
could mean for the disabled community at the URL below.
[SOURCE: BusinessWeek, AUTHOR: Suzanne Robitaille]
http://www.businessweek.com/technology/content/apr2004/tc20040428_4395_t...
.htm

NEW INTERNET SITE TURNS CRITICAL EYES AND EARS ON THE RIGHT
Former right-wing journalist David Brock is launching a web site -- Media=20
Matters (www.mediamatters.org) -- he says will monitor and correct the=20
erroneous assertions of conservative commentators and journalists in real=20
time. Funding comes from the Center for American Progress, the policy group=
=20
headed by John D. Podesta, the former Clinton chief of staff.
[SOURCE: New York Times, AUTHOR: Jim Ruttenberg]
http://www.nytimes.com/2004/05/03/business/media/03BROC.html
(requires registration)

DOWNLOADING AGAIN
While downloading has not rebounded to the levels it reached before the=20
music industry=92s legal campaign, a survey by the Pew Internet and American=
=20
Life Project has found that online music downloading and file sharing is on=
=20
the rise again. Based on responses to a survey conducted in February, Pew=92=
s=20
researchers estimate that 23 million people downloaded music during that=20
period compared with 18 million in December 2003. =93The increase is highly=
=20
significant precisely because it occurred in such a short period of time,=94=
=20
said Mary Madden, a research specialist at Pew. Paid services now account=20
for 17% of downloads.
[SOURCE: New York Times, AUTHOR: Ian Austen]
http://www.nytimes.com/2004/05/03/business/media/03MOSTWANTED.html
(requires registration)
See more from Pew including "Preliminary Results of Survey of Musicians
http://www.pewinternet.org/

CHALLENGE TO BAN ON INTERNET GAMBLING UPHELD
A WTO panel has ruled that the US ban on Internet gambling violates the=20
country's WTO commitments. The panel agreed the US prohibitions were=20
designed to achieve protection of public morals and public order, but=20
faulted the US for not pursuing good faith negotiations with other=20
countries that might have identified WTO-consistent alternatives to the=20
ban. The US will appeal the decision.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DJZ4SOVD4XZZVYCRBAE...
A?type=3DinternetNews&storyID=3D5004853

CALIFORNIA TOUGHENS E-VOTING STANDARDS
California barred a third of existing electronic voting machines on Friday=
=20
and ordered new security measures before thousands of others can be used.=20
All but four counties in the state may use e-voting machines in November if=
=20
the machines produce a printed receipt. The state's Secretary of State=20
Kevin Shelley (D) also called for a criminal investigation into the state's=
=20
largest e-voting machine supplier, Diebold, for deceiving California with=20
aggressive marketing that led to the installation of touch-screen systems=20
that were not tested or approved nationally or in California. Diebold had=20
said federal approval was forthcoming when it was not.
[SOURCE: Reuters]
http://news.com.com/2100-1028_3-5203769.html?tag=3Dnefd.top
See also:
WHO HACKED THE VOTING SYSTEM? THE TEACHER
[SOURCE: New York Times, AUTHOR: John Schwartz]
http://www.nytimes.com/2004/05/03/technology/03vote.html
(requires registration)

GOOGLE PLANS FOUNDATION TO TAKE AIM AT GLOBAL ILLS
Hiding in Google's filing with the U.S. Securities and Exchange Commission=
=20
are these two sentences: "We intend to contribute significant resources to=
=20
the foundation, including employee time and approximately 1 percent of=20
Google's equity and profits in some form. We hope someday this institution=
=20
may eclipse Google itself in terms of overall world impact by ambitiously=20
applying innovation and significant resources to the largest of the world's=
=20
problems."
[SOURCE: Reuters, AUTHOR: Brendan Intindola]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3D2JN3C3ONUGVA2CRBAE...
Y?type=3DtechnologyNews&storyID=3D5004852
--------------------------------------------------------------

Benton's Communications-related Headlines for 4/29/04

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

LEGISLATIVE UPDATE
Senate OKs Four-year Ban on Net Access Tax
Lawmakers Vow to Pass New Law Against Spyware

POLITICS AND MEDIA
Cheney Praises Fox News Channel
Sinclair To Preempt Nightline

AT THE FCC
Equal Employment Supporters Urge FCC to Halt Broadcast License Renewals
Cell-Phone Trade Group Goes Against Nextel
Wireless Portability Complaints

CABLE
Conservative Groups Pushing a la Carte
700 Channels and Nothing On

BROADBAND
Broadband in the US Will Grow in '04
'Underbrush of Regulation' and Broadband Deployment

The Choice: Coffee or Headlines?

LEGISLATIVE UPDATE

SENATE OKs FOUR-YEAR BAN ON NET ACCESS TAX
The Senate on Thursday voted to renew a four-year ban on taxes on Internet
connections such as DSL and cable modems instead of a competing plan that
would have made a moratorium permanent. Tense negotiations are expected in
a conference committee with the House of Representatives, which
overwhelmingly approved a permanent ban in September. The ban on access
taxes, first enacted in 1998, expired in November. Although the legislation
does not affect sales taxes on items purchased over the Internet, the
compromise affects taxes singling out Internet access including digital
subscriber line, wireless and even BlackBerry services. Its supporters said
it does not change whether or not states may tax Internet telephone (VoIP)
services.
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/2100-1028_3-5202140.html?tag=nefd.top
Reuters
http://www.reuters.com/newsArticle.jhtml;jsessionid=W4QH2MPPYPLBICRBAEZS...
SENATE APPROVES INTERNET ACCESS TAX MORATORIUM
[SOURCE: Communications Daily, AUTHOR:Patrick Ross]
(Not available online)
NYT: http://www.nytimes.com/2004/04/30/politics/30INTE.html
WSJ:
http://online.wsj.com/article/0,,SB108326145125697450,00.html?mod=politi...
WP: http://www.washingtonpost.com/wp-dyn/articles/A54744-2004Apr29.html
USAToday: http://www.usatoday.com/usatonline/20040430/6164107s.htm
SJ Merc:
http://www.mercurynews.com/mld/mercurynews/business/technology/8556868.htm
LATimes:
http://www.latimes.com/business/printedition/la-fi-itax30apr30,1,3209287...

LAWMAKERS VOW TO PASS NEW LAW AGAINST SPYWARE
An EarthLink scan of 1.1 million computers released two weeks ago turned up
more than 300,000 malevolent programs. "There is no more pernicious,
intrusive activity going on on the Internet today," said Rep Joe Barton
(R-TX), chairman of the House Energy and Commerce Committee. "We really
intend to do something about this." Rep Barton joined other members on the
panel backing a proposal from Rep Mary Bono (R-CA) would require 1)
purveyors of spyware on the Internet to notify people before loading new
software on their machines, 2) companies to identify themselves to
computer users, and 3) spyware to be easily removable. [Define "easy" in
computerspeak.] "The problem is not one of legal authority. It is one of
developing and bringing a case in federal court," FTC consumer protection
chief Howard Beales told the committee. Mr. Beales said some spyware is
actually used to help computer users. He and FTC Commissioner Mozelle
Thompson said it would be difficult to craft a law that would distinguish
between spyware and legitimate software. Mr. Beales also said new laws
could be burdensome to legitimate software companies, requiring consent
every time any piece of software is added to their customers' machines.
Commissioner Thompson advised committee members to give the software
industry a chance to solve the problem without new government intervention.
[SOURCE: Reuters, AUTHOR: Peter Kaplan]
http://www.reuters.com/newsArticle.jhtml;jsessionid=1S3FN4BRFIBRECRBAELC...
See Also:
FTC OFFICIALS BLAST SPYWARE MEASURES
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/2100-1023_3-5202016.html?tag=nefd.top
CDT TESTIFIES ON APPROACHES TO "SPYWARE" THREAT
Testifying before the House Subcommittee on Commerce, Trade, and Consumer
Protection, CDT commended legislators for bringing attention to the growing
"spyware" threat. CDT told the Subcommittee that the best way to have an
immediate impact on the spyware problem is to prosecute the many "spyware"
practices that are already illegal; to pressure industry to develop codes
of best-practices and improve anti-spyware technologies; and to pass
baseline online privacy legislation. April 29, 2004
CDT's Testimony before the House Subcommittee on Commerce, Trade, and
Consumer Protection on Spyware, April 28, 2004:
http://www.cdt.org/testimony/20040429schwartz.pdf

POLITICS AND MEDIA

CHENEY PRAISES FOX NEWS CHANNEL
It is official: cable all-news channel Fox News has been named the official
media outlet of the Bush Administration. Well, no, the relationship is not
that formal; here's what Vice President Dick Cheney told tens of thousands
of Republicans who were gathered across the country to celebrate a National
Party for the President Day organized by the Bush-Cheney campaign. "It's
easy to complain about the press -- I've been doing it for a good part of
my career. It's part of what goes with a free society. What I do is try to
focus upon those elements of the press that I think do an effective job and
try to be accurate in their portrayal of events. For example, I end up
spending a lot of time watching Fox News, because they're more accurate in
my experience, in those events that I'm personally involved in, than many
of the other outlets." Allen writes: "It is unusual for a president or vice
president to single out a commercial enterprise for public praise."
[SOURCE: Washington Post, AUTHOR: Mike Allen]
http://www.washingtonpost.com/wp-dyn/articles/A53974-2004Apr29.html
(requires registration)

SINCLAIR TO PREEMPT NIGHTLINE
Ted Koppel plans to read the names of over 500 soldiers killed in Iraq
during tonight's Nightline. But for ABC viewers who receive their signals
from Sinclair-owned TV stations, the show will not be available. "Despite
the denials by a spokeswoman for the show," Sinclair said in a statement on
its Web site (http://www.sbgi.net/), "the action appears to be motivated by
a political agenda designed to undermine the efforts of the United States
in Iraq." The Wall Street Journal reports that Sinclair President and Chief
Executive David D. Smith and his family have donated more than $50,000 this
year to the Republican National Committee and Republican candidates. Mark
Hyman, Sinclair's vice president of corporate relations, has been outspoken
about what he views as the media's "negative" spin on Iraq news.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton & Steve McClellan]
http://www.broadcastingcable.com/article/CA413971?display=Breaking+News
(requires subscription)
SINCLAIR TO BLOCK 'NIGHTLINE' BROADCAST
[SOURCE: Wall Street Journal, AUTHOR: Julia Angwin at julia.angwin( at )wsj.com]
http://online.wsj.com/article/0,,SB108327066319797656,00.html?mod=mm%5Fm...
(requires subscription)

AT THE FCC

EQUAL EMPLOYMENT SUPPORTERS URGE FCC TO HALT BROADCAST LICENSE RENEWALS
In March 2003, the FCC ruled that it would conduct random audits and
targeted investigations resulting from reports of possible Equal Employment
Opportunity (EEO) violations, targeting 5% each of radio and TV licenses
per year. But the Commission has not conducted one audit since then. "It is
a travesty that so many licenses have been or are soon to be renewed
without the Commission conducting a single EEO audit or investigation," the
Office of Communication (OC) of the United Church of
Christ said in a letter to the FCC this week. The OC and other EEO
supporters, including the Minority Media & Telecom Council (MMTC) and the
Institute of Public Representation at Georgetown University Law Center,
urged the FCC to make good on its promise and start EEO random audits and
targeted investigations of TV
and radio licensees at renewal time. MMTC estimated about 3,000 radio
licenses have been renewed and about 150 should have been audited under the
FCC's rules. The Radio-Television News Directors Association estimates that
since 1993 the percentage of minority radio general managers has dropped
from 5.7% to 2.5% in 2003.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)
See Also:
Broadcasting&Cable:
http://www.broadcastingcable.com/article/CA413968?display=Breaking+News

CELL-PHONE TRADE GROUP GOES AGAINST NEXTEL
The Cellular Telecommunications & Internet Association has stepped into the
Nextel spectrum swap debate, siding with rivals to Nextel. The lobbying
group voted to support a plan to move Nextel to a less-valuable spectrum --
a proposal the Federal Communications Commission is considering. Under
CTIA's plan, Nextel would also pay $3 billion to relocate the public safety
and other wireless carriers. The trade group plans to file its proposal
with the FCC today.
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A54644-2004Apr29.html
(requires registration)

WIRELESS PORTABILITY COMPLAINTS
Since wireless phone number porting began on November 24, 2003, the FCC has
received approximately 7,040 informal complaints about wireless local
number portability as of April 24, 2004. Most of the complaints concern
alleged delays in porting numbers from one wireless carrier to another. A
much smaller number of complaints, estimated at about 15 percent of the
total, involve porting from wireline to wireless carriers. The carriers
most often mentioned in the complaints as either the carrier ported from or
the carrier ported to are: AT&T Wireless (3104); Sprint PCS (1712);
Verizon Wireless (1059); T-Mobile (991); Cingular Wireless (991); and
Nextel (501). Many of the complaints concern more than one carrier so the
total number of complaints received is smaller than the number of times a
carrier is mentioned in a complaint.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-246604A1.doc

CABLE

CONSERVATIVE GROUPS PUSHING A LA CARTE
Concerned Women of America will release a poll on May 5 showing that the
majority of parents do not want to pay cable companies for indecent
programming as a condition of receiving channels that they think are
appropriate for their children. The organization also plans a radio and TV
ad campaign to let consumers know that purchasing cable a la carte will
allow parents to filter indecent programming in a cost-effective manner.
"Americans have no choice in selecting their basic-cable package under the
current market controls. The people voted for choice in our poll, and we're
asking cable companies and Congress to listen to the people," CWA chief
counsel Jan LaRue said. Joining CWA in the effort are Citizens for
Community Values, Family Research Council, Focus on the Family, Parents
Television Council and Consumers Union.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA413967?display=Breaking+News
(requires subscription)
In a related story, the Parents Television Council will pressure Capital
One to pull ads from CBS dramas C.S.I. and C.S.I. Miami.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA413976?display=Breaking+News
(requires subscription)

700 CHANNELS AND NOTHING ON
Jeff Chester writes: As Congress begins preliminary hearings aimed
ultimately at rewriting the 1996 Telecommunications Act, one key goal must
be cable TV industry reform. Cable now provides almost 70 percent of U.S.
households with daily TV service. A tiny handful of companies, including
Comcast, Time Warner, Charter, Cox, and Adelphia (the scandal-ridden
company that will soon be consumed by the others), determine what Americans
can see on cable. According to a recent FCC filing, this handful of
companies control much more than the existing TV schedule, however, for
each cable operator is actually capable of delivering more than 700
channels of programming. The public is unaware of cable's capacity to
provide greater program diversity. Nor are most local and national
programmers well-informed about the potential opportunity. It's time to
take action on cable TV reform."
[SOURCE: Center for Digital Democracy]
(http://www.democraticmedia.org/index.html)

BROADBAND

BROADBAND IN THE US WILL GROW IN '04
A new report from Strategy Analytics estimates that the number of homes
using high-speed Internet service will grow from 25 million today to 33.5
million by the end of the year. Cable modem users will account for 5.2
million of these new subscribers, while 2.9 million households will add DSL
service. About 400,000 homes will use alternate broadband access
technologies such as fiber, wireless, and two-way satellite services. The
report, "Broadband in the US: Service Provider Strategies in a Changing
Market," also predicts that the year ahead will see major changes in the
competitive positioning of telephone and cable TV companies delivering
broadband. While lower prices and branded content have helped DSL attract
first-time customers making the switch from dial-up to broadband, cable
operators can target a wider range of consumers by delivering faster access
speeds and multi-service bundles. "Cable's combination of higher access
speeds, wider availability and more compelling bundles lets the leading
operators target several classes of consumers," notes James Penhune,
Director of Strategy Analytics' Broadband Media & Communications practice.
"These include new users as well as a growing number of consumers seeking
advanced video services such as High Definition TV (HDTV) and Video On
Demand (VOD). At the same time, aggressive cable telephony deployments from
leaders like Time Warner, Comcast and Cox will help these companies reach
customers seeking simplicity and savings from triple-play bundles combining
video, data and telephony. To match these advantages, regional phone
companies, like SBC and Verizon, must make the most of their partnerships
with satellite TV operators," adds Penhune. "Previous telco-satellite
partnerships often failed to produce the simplicity and reliability that
bundling is meant to deliver. But if tighter strategic alliances like SBC's
deal with EchoStar prove credible to consumers, they will help the telcos
keep pace with cable on bundling and postpone the need to consider more
costly video strategies such as fiber deployments."
[SOURCE: Strategy Analytics Press Release]
http://www.strategyanalytics.com/press/PR00118.htm

'UNDERBRUSH OF REGULATION' AND BROADBAND DEPLOYMENT
The Bush Administration today urged the FCC to clarify rules that govern
the deployment of fiber optics and other high speed Internet services to
millions of Americans residing in large apartment complexes known as
"multi-unit premises." In a letter to FCC Chairman Michael Powell, Acting
Assistant Secretary of Commerce for Communications and Information Michael
D. Gallagher urged the FCC to act "as expeditiously as possible" on
petitions before it that seek "to clarify the unbundling requirements
applicable to fiber loops serving residential multi-unit premises." "On
Monday, President Bush called for government to clear the regulatory
hurdles for broadband deployment," Dir Gallagher said. "Today, NTIA is
calling on the Commission to act quickly on these petitions to provide the
regulatory certainty the industry needs to deliver broadband to the one
hundred million Americans that live in apartment buildings. By taking this
action, the FCC will help ensure that we meet the President's goal of
universal and affordable broadband access by 2007." Under the FCC's present
rules, the high-tech services provided via fiber optic loops under the
fiber-to-the-home designation would not be as readily available to
customers living in apartment complexes.
See text of letter at
http://www.ntia.doc.gov/ntiahome/fccfilings/2004/FTTHLetter_04292004.htm
[SOURCE: NTIA]
http://www.ntia.doc.gov/ntiahome/press/2004/mduletter_04292004.htm

--------------------------------------------------------------

Given the choice at work between personal use of the Net or a morning cup
of coffee, employees say the coffee can go, according to a survey released
this week by Websense, which makes software designed to let companies
control employee Net access. We at Headlines say it is not an either-or.
Get that cup of coffee, settle in for some gripping telecommunications
policy news and we'll have you ready to greet that ten o'clock staff
meeting with a smile.
[SOURCE: C|Net News.com]
http://news.com.com/2100-7355-5201726.html?tag=cd.top

Happy weekend, all.
--------------------------------------------------------------

Benton's Communications-related Headlines for 4/29/04

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

OWNERSHIP
Comcast Drops Disney Bid

WAR AND MEDIA
Patriot Act Suppresses News Of Challenge to Patriot Act
The Media: U.S. Protests Broadcasts by Arab Channels

LEGISLATIVE UPDATE
Internet Tax Debate
Birds Get to Keep Sticks
Deal Pushing a la Carte Plan
Washington Wakes Up to Spyware, Adware
Telecommunications Policy: A Look Ahead
Notebaert on Telecom Act Rewrite

COMPETITION
Battling the Cable Guy
AT&T to Bid To End Phone Deadlock
VoIP Vision Becomes Reality

QUICKLY
Industry, Public Interest Groups Oppose FBI Move to Regulate VoIP
Viacom Ready To Go To Court Over Indecency
Rural Public TV Stations Receive Grants from Department of Agriculture
Activists Urge Congress to Add E-Vote Printers

OWNERSHIP

COMCAST DROPS DISNEY BID
After the Disney board issued a statement of confidence in CEO Michael
Eisner Tuesday, Comcast has decided to end its $59.9 billion bid for the
company. Comcast may now turn its eye to acquiring Adelphia Communications
which is exploring options for a sale. The Center for Digital Democracy's
Jeff Chester views Comcast's decision as a victory for public interest
groups opposing large media mergers. "It wasn't just the negative response
from investors that helped to undermine the proposed deal. There was a
strong expression of opposition from citizen groups, unions, cable
subscribers and many others. Comcast knew that it faced a bitter fight in
Washington, and
with an impending national election, time was running out."
See Mr. Chester's remarks at
http://www.democraticmedia.org/news/Comcast-Disney.html
[SOURCE: Multichannel News/Communications Daily, AUTHOR: Mike
Farrell/Brigitte Greenberg]
http://www.multichannel.com/article/CA413366?display=Breaking+News
(requires subscription)
NYT: http://www.nytimes.com/2004/04/29/business/media/29DISN.html?hp
http://www.nytimes.com/2004/04/29/business/media/29cable.html
WSJ: http://online.wsj.com/page/0,,2_1070,00.html
WP: http://www.washingtonpost.com/wp-dyn/articles/A51629-2004Apr28.html
http://www.washingtonpost.com/wp-dyn/articles/A51654-2004Apr28.html
USAToday: http://www.usatoday.com/usatonline/20040429/6158842s.htm
LATimes: Smaller Media Deals Likely
http://www.latimes.com/business/printedition/la-fi-media29apr29,1,165368...
"The desire to do deals is coming back, but it's much more nuanced and
careful acquisitions that are being considered," said Tom Wolzien, a media
industry analyst with Sanford C. Bernstein.

WAR AND MEDIA

PATRIOT ACT SUPPRESSES NEWS OF CHALLENGE TO PATRIOT ACT
The American Civil Liberties Union disclosed yesterday that it filed a
lawsuit three weeks ago challenging the FBI's methods of obtaining many
business records, but the group was barred from revealing even the
existence of the case until now. "It is remarkable that a gag provision in
the Patriot Act kept the public in the dark about the mere fact that a
constitutional challenge had been filed in court," Ann Beeson, the ACLU's
associate legal director, said in a statement. "President Bush can talk
about extending the life of the Patriot Act, but the ACLU is still gagged
from discussing details of our challenge to it." The challenge centers on
provisions in the legislation which allow the FBI to request financial
records and other documents from businesses without a warrant or judicial
approval. The ACLU says such requests, known as "national security
letters," are being used much more broadly than they were before the
Patriot Act. A Justice Department spokesman declined to comment on the
existence of a Patriot Act.
See http://www.aclu.org/ for more info from the ACLU.
[SOURCE: Washington Post, AUTHOR: Dan Eggen]
http://www.washingtonpost.com/wp-dyn/articles/A51423-2004Apr28.html
(requires registration)

THE MEDIA: US PROTESTS BROADCASTS BY ARAB CHANNELS
The Bush administration, frustrated by what it calls "inflammatory" reports
by Arabic television channels, has in recent days protested to foreign
government officials, confronted Arab news executives and put together a
list of supposed abuses. American policymakers and military officials say
their efforts in Iraq and elsewhere in the Middle East are being undercut
by politically motivated and erroneous reports by satellite channel Al
Jazeera, financed by Qatar, and Al Arabiya, based in Saudi Arabia.
Officials say they are especially unhappy with broadcasts that focus on
civilian casualties without providing the broader context of the war or
give excessive time to the remarks of Osama bin Laden and other terrorists.
With satellite-TV dishes sprouting on rooftops in major cities like
Baghdad, Mosul and Basra, allied commanders say they have few defenses in
the information air wars against Al Jazeera's reporting.
[SOURCE: New York Times, AUTHOR: Christopher Marquis]
http://www.nytimes.com/2004/04/29/international/middleeast/29JAZE.html
(requires registration)

LEGISLATIVE UPDATE

INTERNET TAX DEBATE
Another day of debate in the Senate on the Internet access tax ban. State
and local governments urged Congress to not to cut their tax revenue. More
than one half of the states are pulling out of their budget deficits, a
report (http://www.ncsl.org/programs/press/2004/040428.htm) released by the
National Conference of State Legislatures (NCSL) said. "There is no
deficit," a spokesman for NCSL said, adding that many states have large
surpluses. "This is particularly interesting to the Internet tax debate,"
the study said, "since so many governors have claimed that their state
needs more revenue to help their budget gaps." The spokesman said state
taxation of the Internet is unconstitutional since it's interstate, and
"the only reason [Sen Lamar] Alexander [R-TN] wants to tax the Internet is
because he doesn't like the Internet."
[SOURCE: Communications Daily, AUTHOR: Ian Martinez]
(Not available online)

BIRDS GET TO KEEP STICKS
The House Telecommunications Subcommittee on Wednesday approved the
Satellite Home Viewer Enhancement and Reauthorization Act giving satellite
companies the right to carry local broadcast stations, requiring them to
carry all stations in any market where they carry any. The bill allows for
satellite companies to continue the "two dish" system, but all local
broadcasters must be included on the same dish. The legislation does not
give satellite companies the ability to deliver distant digital signals to
customers not yet able to get a digital signal. But the bill would require
the FCC to study the issue and report to Congress by the end of 2005. The
bill would have to be reauthorized again after December 31, 2009.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton & Bill McConnell]
http://www.broadcastingcable.com/article/CA413381?display=Breaking+News
(requires subscription)
See Also:
House Panel Adopts One-Dish Rule
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA413384?display=Breaking+News
(requires subscription)
LATimes:
http://www.latimes.com/business/printedition/la-fi-rup29.7apr29,1,951122...

DEAL PUSHING A LA CARTE PLAN
Rep. Nathan Deal (R-GA) is pushing a la carte legislation, with the support
of small cable operators and consumers groups, that would seek to dilute
the power of ABC, CBS, NBC and Fox to enforce expanded-basic carriage of
their large stable of cable networks. A la carte cable and satellite
choices would not be mandated, programming suppliers would be barred from
denying cable and direct-broadcast satellite carriers the opportunity to
sell channels a la carte. Rep Deal plans on offering his proposal as an
amendment to the Satellite Home Viewer Enhancement and Reauthorization Act.
American Cable Association president Matt Polka said he is supporting Rep
Deal's approach because the alternative approach -- mandated a la carte
sale of all channels -- was not acceptable. "Consumers do not have choice
and cable operators do not have choice," Mr. Polka said. "We are supporting
it because Mr. Deal has had the courage to raise the issue of choice."
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA413566?display=Breaking+News
(requires subscription)
Consumers Union writes, A la Carte Amendment Big Step Toward Choice,
Control Over Cable Bills
http://www.consumersunion.org/pub/core_telecom_and_utilities/001017.html

WASHINGTON WAKES UP TO SPYWARE, ADWARE
Official Washington is becoming officially fed up with the proliferation of
spyware and adware. "It may be this year's spam, if you will," Rep. Jay
Inslee (D-WA) said in an interview. "We're recognizing that we have privacy
rights at stake that could be abused and you have this increasing
infestation of pop-up ads. That's a great impediment to people's use of
this technology." Computer makers and security firms say that spyware and
adware problems have increased nearly tenfold in the last year. The House
Energy and Commerce subcommittee on consumer protection will hold a hearing
today on spyware and two bills are addressing the problem. Rep Inslee's
bill would punish malicious spyware authors with criminal penalties, grant
state attorneys general the power to bring civil cases, and regulate the
use of spyware technology by federal police like the FBI. Rep Mary Bono
(R-CA) is also preparing a bill. her proposal would hand the FTC broad
enforcement power, ordering the agency to publish regulations that describe
how to uninstall spyware and adware. The measure also bans spyware and
adware that does not obtain explicit consent from an end user and that does
not offer a warning before installation. Both bills would preempt state laws.
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/2100-1023-5201819.html?tag=cd.top

TELECOMMUNICATIONS POLICY: A LOOK AHEAD
Members heard testimony on suggested revisions of telecommunications law
and alternative regulatory frameworks that policymakers should consider in
any future reform of telecommunications policy. Senator McCain presided.
Links to prepared statements at the URL below.
[SOURCE: US Senate]
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1166
See also:
USTA statement:
http://www.usta.org/news_releases.php?urh=home.news.nr2004_0428_02

NOTEBAERT ON TELECOM ACT REWRITE
Speaking at a Progress and Freedom Foundation lunch, Qwest CEO Dick
Notebaert said he is not pushing for nor optimistic about rewriting the
Telecom Act of 1996, noting that it took 6-8 years to pass the last major
overhaul of US telecom policy. But if Congress does turn its attention to
it, Mr. Notebaert believes reforming universal service should be a top
priority. He believes policymakers should decide what they want to do with
the fund -- connect low income households or increase broadband penetration
-- and then decide how to raise the money. He believes the subsidies are
really a tax and should be called that.
[SOURCE: Communications Daily, AUTHOR: Edie Herman]
(Not available online)

COMPETITION

BATTLING THE CABLE GUY
Facing competition from cable's bundling of television, telephone and
high-speed Internet service, phone companies are looking to provide their
own bundles which include local, long distance and cell phone service,
high-speed Internet and, yes, pay television. Small, independent phone
companies in pockets of the U.S., Canada and elsewhere have led the charge
in tapping advances in digital subscriber line (DSL) Internet technology
and video compression to offer TV and movies on demand to customers. They
are doing this over ordinary copper phone lines, which once were seen as
too low-tech for such services. While cable companies and phone companies
push into each others' markets with discounted service bundles, some
financial analysts fear the result could be a costly battle with no clear
winners, other than perhaps consumers.
[SOURCE: Wall Street Journal, AUTHOR: Mark Heinzl mark.heinzl( at )wsj.com]
http://online.wsj.com/article/0,,SB108319226641496560,00.html?mod=mm%5Fm...
(requires subscription)
See also:
Bells Join Race to Offer TV
http://online.wsj.com/article/0,,SB108319235106996564,00.html?mod=mm_med...

AT&T TO BID TO END PHONE DEADLOCK
With the rules for leasing rates set to expire and the government
pressuring the industry to agree to new terms on its own, AT&T will propose
that it pay more for leasing the regional phone companies' switches,
sophisticated computers that help route calls. In exchange, AT&T wants the
regional companies to lower the cost for using "the local loop," the wires
that actually connect to homes. AT&T says it will then move away from a
reliance on the Baby Bells for switching. Telecom analyst Scott C. Cleland
of the Precursor Group said the Baby Bells will undoubtedly want more than
what AT&T is offering, but that the proposal represents a possible
breakthrough. "It's a very significant development," Cleland said. "This is
AT&T proactively saying, 'We need to and want to wean ourselves off of
relying on the Bells.' "
[SOURCE: Washington Post, AUTHOR: Griff Witte]
http://www.washingtonpost.com/wp-dyn/articles/A51881-2004Apr28.html
(requires registration)
LATimes:
http://www.latimes.com/business/printedition/la-fi-att29apr29,1,5818066....

VOIP VISION BECOMES A REALITY
Why is now the time for adopting Internet telephone service (VoIP)?
Next-gen voice technology has matured and is ready for primetime
deployment. Broadband penetration has reached meaningful levels.
Competition among big players is intense as local providers, long-distance
carriers and cable companies eye each others' businesses and customers --
and even start-up specialists are putting incumbents on notice. Carriers
desperately need new revenue and to lower their total cost of network
ownership, especially as competition intensifies and margins slip. If
carriers don't act now, there is a very real and painful potential of being
left out of the equation as businesses of all sizes move to VoIP.
But questions still remain: How will carriers operationalize the new
systems and services? Is there a killer app? Does the market need one?
What are the successful VoIP business models? Will the regulatory
environment support or hinder VoIP overall? Will regulators create an
unfair playing field? Will VoIP's benefits exceed its threats for incumbent
operators? Are IP networks reliable and resilient enough for the tidal wave
of latency-sensitive IP communications?
[SOURCE: Telephony's Online Update, AUTHOR: Kevin Mitchell of Infonetics
Research kevin( at )infonetics.com]

QUICKLY

INDUSTRY, PUBLIC INTEREST GROUPS OPPOSE FBI MOVE TO REGULATE VOIP
A diverse group of companies, trade associations and public interest groups
from across the political spectrum filed a joint statement at the FCC
urging rejection of an FBI petition to extend controversial wiretap design
mandates to the Internet. In a separate filing, CDT said that a recent
report by the Department of Justice Inspector General shows that the 1994
law relied on by the FBI is fundamentally broken even as applied to
traditional telephone networks and is especially ill-suited to the Internet.
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)
Joint Statement of Industry and Public Interest Groups [pdf], April 27, 2004:
http://www.cdt.org/digi_tele/20040427industrycaleareply.pdf
CDT Reply Comments [pdf], April 27, 2004:
http://www.cdt.org/digi_tele/20040427cdtcaleareply.pdf

VIACOM READY TO GO TO COURT OVER INDECENCY
Free speech is "what America is about," Viacom president Mel Karmazin told
an audience at a breakfast hosted by Syracuse University's Newhouse School.
"We are fighting in Iraq for freedom. Don't you think people ought to be
able to listen to programming that appeals to them? If it doesn't appeal to
you, change the channel, shut off the radio. Do whatever you want, but if
you don't like the word 'anal sex' it doesn't make it indecent. It may be
offensive." There is a legal definition of what's indecent, he said, and
Howard Stern's show doesn't qualify. Indecency enforcement is a "dangerous
slippery slope," said Mr. Karmazin. "What's amazing is that so many
journalists have not been that supportive" of broadcasters' First Amendment
rights.
[SOURCE: Broadcasting&Cable, AUTHOR: Harry Jessell]
http://www.broadcastingcable.com/article/CA413583?display=Breaking+News
(requires subscription)

RURAL PUBLIC TV STATIONS RECEIVE GRANTS FROM DEPARTMENT OF AGRICULTURE
Eighteen public television stations serving rural communities will receive
$14 million in grants from the U.S. Department of Agriculture. This is the
second round of funding from a Rural Utilities Service grant program to
assist public television stations in the transition from analog to digital
broadcasting. Converting to digital broadcasting will expand rural
residents' access to educational and agricultural information and news.
Public television stations rely largely on viewer support and business
contributions for the bulk of operating budgets. In many rural areas, the
cost of the digital transition exceeds these financial resources. To assist
stations with the cost of the conversion, Congress directed that $14
million of the distance learning/telemedicine funds in the USDA Rural
Development 2004 appropriations bill be used to support the transition
effort. APTS launched the Rural Broadband Coalition in 2001 to address the
digital conversion needs of stations serving rural America. The goal of the
coalition is to work with Congress to find funding to help rural stations
finance the conversion. Such funding needs to transition from analog to
digital broadcasting include a new antenna, transmitter or translator and
digital management facilities. Many stations also produce local programming
and therefore, need to purchase digital cameras, editing and mastering
systems to create this original content.
[SOURCE: Association of Public Television Stations Press Release]
http://www.apts.org/html/pressroom/RUS2.htm

ACTIVISTS URGE CONGRESS TO ADD E-VOTE PRINTERS
VerifiedVoting.org, founded by David L. Dill, a Stanford Professor of
Computer Science, is asking Congress to require electronic voting terminals
to print out ballots so votes can be verified and recounted. Rep. Rush Holt
(D-NJ) has introduced a bill that would require e-voting terminals to
produce a paper trail. Rep Holt's bill has attracted 134 sponsors since it
was introduced a year ago, but Congress has not yet taken action. An aide
said the House of Representatives Government Reform Committee has scheduled
a hearing in May, but the House Administration Committee, which has
authority over the bill, has shown no interest.
For more information on the advocacy efforts, see
http://www.verifiedvoting.org/
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml?type=technologyNews&storyID=497...
--------------------------------------------------------------

Benton's Communications-related Headlines for 4/28/04

Today: Markup of House bill reauthorizing the Satellite Home Viewer
Improvement Act at 10am (Eastern)
http://energycommerce.house.gov/108/Markups/04282004markup1261.htm
Telecommunications Policy: A Look Ahead at 9:30 am (Eastern)
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1166

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

LEGISLATION UPDATE
Senate Takes Up McCain Moratorium Compromise
The World Wide (Tax) Web

TELECOM POLICY
Telecommunications Policy Review: Lessons Learned from the Telecom Act of 1996
Broadband Over Power Line Report

BROADCASTING
TV Affiliates May Get Power to Reject Shows
DTV Group Pushes Dishes On Hill

PAY-PER SERVICES
Comcast: We're Keeping Content Promises
Local Programming and Satellite Digital Audio Radio Services

MEDIA POLICY REFORM
Philanthropist Benton Calls for Increased Funding for Media Policy Reform

PERSONALS
Charles Lewis Leaving the Center for Public Integrity
Elizabeth Peters Steps Down from Association of Independent Video and
Filmmakers

LEGISLATION UPDATE

SENATE TAKES UP MCCAIN MORATORIUM COMPROMISE
Sen John McCain (R-AZ) has offered an amendment to S-150, the bill under
consideration that would ban Internet access taxes. Sen McCain's amendment
would create a 4-year Internet access tax moratorium and exempt VoIP from
taxation. Sens Allen (R-VA) and Wyden (D-OR), the two main sponsors of the
bill, have endorsed the amendment. But opponents to S-150 are not
supporting the amendment which was supposed to be a compromise. The main
problem seems to be with how the legislation defines Internet access.
Majority Leader Bill Frist (R-TN) is trying to get a final vote on the bill
by Thursday, but a number of amendments could slow passage.
[SOURCE: Communications Daily, AUTHOR: Patrick Ross]
(Not available online)

THE WORLD WIDE (TAX) WEB
The Internet -- and its users -- have thrived mainly because government and
taxers have "stayed out of the way," writes the author of the Internet Tax
Nondiscrimination Act. "We must make sure that the avaricious tax
commissars from every county, city and state in America do not continue
conniving new ways to tax the Internet and the people who use it.
Otherwise, the Tax-the-Internet advocates will turn our freeways into toll
roads like the New Jersey Turnpike." Sen Allen endorses the McCain
amendment to his bill which calls for a four-year moratorium on Internet
taxes. The legislation also sunsets any current taxes on Internet access
and DSL service in three years. Sen Allen concludes: "With history as our
guide, I predict that if we protect the Internet and the American consumer
from stifling taxes now, we will see more economic growth in the future.
Those same bureaucrats who are hungry for short-term tax revenue today will
reap an even greater benefit from increased economic and consumer activity
tomorrow. It is up to us to show discipline and restraint and allow the
Internet to flourish unimpeded in the decades to come."
[SOURCE: Wall Street Journal, AUTHOR: Sen George Allen (R-VA)]
http://online.wsj.com/article/0,,SB108311007430995505,00.html?mod=todays...
(requires subscription)

TELECOM POLICY

TELECOMMUNICATIONS POLICY REVIEW: LESSONS LEARNED FROM THE TELECOM ACT OF 1996
The Senate Commerce Committee held the first of two hearings on telecom
policy reform Tuesday. Speaking of the Telecommunications Act of 1996, Sen
Ernest Hollings (D-SC), the Committee's Ranking Member, said to Qwest
Chairman Richard Notebaert, "It's not a complicated bill. You wrote it." He
also said the main mistake that Congress made was trusting the Baby Bells.
But Committee Chairman was more critical of the legislation, saying it has
been rendered useless by technological advances. Witnesses arguments were
not particularly new. Mr. Notebaert argued for regulatory parity for DSL
and cable. Representatives of competitors claimed the 96 Act has been
watered down by litigation and that the Baby Bells are too powerful to
negotiate with.
[SOURCE: US Senate]
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1164
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)

BROADBAND OVER POWER LINE REPORT
A report issued today by the Commerce Department's National
Telecommunications and Information Administration (NTIA) examines the
potential interference to federal radio systems that could result from the
deployment of broadband over power lines (BPL). The report concludes that
"rigorous technical solutions" would protect critical federal systems and
enable BPL to realize its promise as the "third broadband wire into the
home." There are 59,000 federal radio frequency assignments in the affected
bands of spectrum between 1.7 and 80 MHz. These frequencies provide
multiple services including: fixed, mobile, radio astronomy, radar, and
broadcasting. The NTIA report, which analyzed 10 million measurements of
BPL systems, suggests mitigation techniques to protect these critical
government radio systems. Among the solutions proposed in the report are:
a notch solution for the most sensitive and severely impacted systems;
local registration of BPL frequency use; intelligent power management; and
the use of a Web-based interface for potentially impacted parties. NTIA
will complete a Phase 2 study later this year that will assess the
potential interference risks due to aggregation and ionospheric propagation
of interfering signals from BPL systems; refine and apply BPL deployment
models; and evaluate the effectiveness of proposed Part 15 measurement
techniques.
[SOURCE: NTIA]
http://www.ntia.doc.gov/ntiahome/fccfilings/2004/bpl/index.html

BROADCASTING

TV AFFILIATES MAY GET POWER TO REJECT SHOWS
The spotlight on indecent broadcast programming may help network affiliates
win more control over their programming. Affiliate station owners want the
ability to reject network shows they deem ''unsuitable'' or
''unsatisfactory'' or that they want to replace with programs of "greater
local or national importance." But NBC, ABC and Fox have forced the
stations to sign contracts sharply limiting pre-emptions. Acting on a three
year-old petition, the FCC could clarify what affiliates can reject,
forcing contract revisions. It's unclear if the Commission will address
claims that some contracts give networks too much control over new digital
programs and let them cancel affiliations if stations are sold.
[SOURCE: USAToday, AUTHOR:Paul Davidson]
http://www.usatoday.com/usatonline/20040428/6154486s.htm

DTV GROUP PUSHES DISHES ON HILL
The Digital Coalition wrote a letter to members of Congress Tuesday asking
them to modify the Satellite Home Viewer Improvement Act to allow satellite
companies to import digital TV signals to markets where broadcasters aren't
providing them. The Coalition believes the legislation would immediately
benefit consumers by providing them with digital TV signals and would help
accelerate the transition to digital only broadcasting. The group says the
majority of commercial broadcasters are abdicating their digital
responsibilities by either not having met their build-out deadlines or
delivering a digital signal to only a fraction of their viewing area. "They
are dodging their responsibilities to the American public, using a loophole
that allows them to keep the spectrum beyond 2006 if fewer than 85% of
households in a given market do not have DTV sets or tuners capable of
receiving the digital signal," the letter reads. "This Catch-22 arrangement
essentially encourages broadcasters to delay the digital conversion. As
long as little DTV programming is available, consumers have no incentive to
purchase digital television sets. If consumers don't purchases digital
televisions, local broadcasters can continue stalling their
conversion. It's time to change the equation and motivate them to act now;
otherwise the transition might last until 2016 or beyond." The letter is
signed by Charlie Ergen of EchoStar; Grover Norquist of Americans for Tax
Reform; Tom Schatz, Citizens against Government Waste; George Landrith,
Frontiers of Freedom; Andrew Jay Schwartzman, Media Access Project; Gigi
Sohn, Public Knowledge; and Karen Kerrigan, Small Business Survival Committee.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA413220?display=Breaking+News
(requires subscription)

PAY-PER SERVICES

COMCAST: WE'RE KEEPING CONTENT PROMISES
In an April 20 letter to key members of Congress and FCC Chairman Powell,
Comcast Cable Communications President Stephen Burke wrote that the company
has installed a dedicated toll-free line that consumers can call to speak
with a person trained to answer questions about parental controls. Comcast
will also include parental-control notices in subscriber bills in May and
June. Mr. Burke wrote that programming networks controlled by Comcast are
using, or will be using by early summer, the TV-rating system on all
programming except news and sports. The rating system is critical to
activating the V-chip in TVs
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA413221?display=Breaking+News
(requires subscription)

LOCAL PROGRAMMING AND SATELLITE DIGITAL AUDIO RADIO SERVICES
On April 14, 2004 the National Association of Broadcasters (NAB) filed a
Petition for Declaratory Ruling. NAB's Petition requests the Commission to
1) prohibit satellite digital audio radio service ("SDARS") from using any
technology to permit the delivery of content that would be aired on a
receiver in one location that differs from the content that would be aired
on a receiver in a different location; and 2) prohibit SDARS providers from
providing locally oriented services on nationally distributed
channels. Alternatively, NAB requests the Commission to reopen the SDARS
licensing proceeding to evaluate the impact of the service on local
broadcasting. The FCC requests public comment on the issues raised by this
Petition. This proceeding has been issued a Commission docket number, MB
04-160, in order to facilitate filing public comment. Parties may file
responses to the Petition on or before June 4, 2004 and replies on or
before June 21, 2004.
Media Bureau Contact: Rosalee Chiara, (202) 418-0754.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1096A1.txt

MEDIA POLICY REFORM

PHILANTHROPIST BENTON CALLS FOR INCREASED FUNDING FOR MEDIA POLICY REFORM
While receiving the Council on Foundations' 2004 Distinguished Grantmaker
Award for lifetime achievement in philanthropy, Charles Benton, board chair
of the Benton Foundation, expressed alarm over the future of media in
America and called for greater funder involvement to encourage more open
and inclusive media policymaking. Noting consolidating media ownership and
the political and financial pressures faced by public broadcasters, Benton
let the audience know that his work in the fields of philanthropy and media
policy is far from over. "I believe the future of media and communications
in America is cause for serious concern. At stake is who controls what we
see, hear, and read. At stake is our ability to get our message out and
make a difference. At stake is nothing less than the health of our
democracy," Benton said in his acceptance speech. Earlier this month, the
Benton Foundation joined the Public Interest, Pubic Airwaves Coalition, an
alliance of public interest groups, media activists and grassroots
organizers, in urging the FCC to hold the nation's commercial broadcasters
to a more responsible standard of public service. The coalition's proposal,
since endorsed by FCC Commissioners Michael Copps and Jonathan Adelstein,
asks the regulatory agency to help ensure among other items that licensed
broadcasters air: 1) a minimum three hours per week of civic or electoral
affairs programming; and 2) independently produced programming for at least
25 percent of their prime time schedule.
[SOURCE: Benton Foundation Press Release]
http://www.benton.org/

PERSONALS

* Charles Lewis, founder of the Center for Public Integrity, will step down
in January 2005 as executive director of the nonprofit, nonpartisan
research organization based in Washington, D.C. He will continue to serve
on the Center's Board of Directors and also play a leadership role on
endowment and other long-term, strategic, institutional development issues.

* After five years at the helm of the Association of Independent Video and
Filmmakers as its Executive Director, Elizabeth Peters leaves us to pursue
other endeavors.
--------------------------------------------------------------
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 4/27/04

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.

POLITICS & BROADBAND
President Bush Touts Efforts to Promote Broadband
Rights of Way
Senate Debates Net Access Tax
Taxing High-Speed Services: A Quantification of the Effects on the
DSL Industry and Universal Service
Taxing the Net

CABLE
Why Your Cable Bill Is Soaring
Verizon=92s Tauke Sees Cable as Player on Capitol Hill
Broadcast Lobby=92s Indecent Posture: Asking for Big Public Hand-out

QUICKLY
Spitzer Criticizes Deal For Airwave Exchange
Second Thoughts on Creating Registry of Unwanted E-Mail
Qwest Drops Access Fees for Internet Phone Calls
MacArthur Foundation Awards $250,000 to OneWorld International

POLITICS & BROADBAND

PRESIDENT BUSH TOUTS EFFORTS TO PROMOTE BROADBAND
President Bush started to add detail to his proposed goal of universal=20
access to broadband by 2007. Speaking Monday in Minnesota, he listed some=20
of the ways the
Administration intends to meet the goal: 1) Streamline federal=20
rights-of-way permits. He said it =93makes sense=94 to =93increase access to=
=20
federal land for fiber optic cables and transmission towers.=94 =93One sure=
way=20
to hold things up is that the federal lands say, you can't build on us.=94=
2)=20
Promote new technology development including broadband-over-power-line=20
(BPL) technology. 3) Spectrum policy reform to free up more spectrum for=20
wireless broadband. 4) Avoid taxation. To ensure broadband is affordable,=20
he said, =93[w]e must not tax broadband access. If you want broadband access=
=20
throughout the country, Congress must ban tax on access.=94 Many of the=20
issues are already being addressed at various federal agencies, and=20
Congress began consideration of Internet tax ban on Monday.
Will broadband be an election year issue? White House spokesman Scott=20
McClellan briefed reporters about President Bush=92s broadband announcements=
=20
prior to
the speech aboard Air Force One on the way to Minneapolis. He then fielded=
=20
21 questions from reporters, according to a transcript, with none of them=20
addressing broadband. [And CJ still can't get the White House press to talk=
=20
about media ownership!]
[SOURCE: Communications Daily, AUTHOR: Patrick Ross]
(Not available online)
See full text of the President's remarks at
http://www.whitehouse.gov/news/releases/2004/04/20040426-6.html
Reuters
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DNFOFLJ4AFOQTECRBAE...
Y?type=3DtechnologyNews&storyID=3D4944394&section=3Dnews
News.com: http://news.com.com/2100-1028_3-5200196.html?tag=3Dnefd.top
See also:
PRESIDENT BUSH'S PLAN FOR AFFORDABLE BROADBAND ACCESS FAILS TO DEAL WITH=20
REAL ISSUES: "HIDDEN TAX, LACK OF CHOICE
President Bush=92s plan unveiled today to provide affordable high-speed=20
Internet access to all Americans by 2007 fails to address a primary hurdle=
=20
cited by consumer groups to achieving that goal: a =93hidden tax=94 the=20
administration allows cable operators to impose on customers by forcing=20
them to buy the services or packages they create to get access to the=20
Internet. =93We are encouraged to hear the President set a national goal of=
=20
affordable high-speed Internet for all, but unfortunately, he is not=20
focusing on the most important policy change necessary to achieve that goal=
=20
=AD eliminating the hidden tax the administration allows cable operators to=
=20
impose on consumers for broadband access,=94 said Gene Kimmelman, public=20
policy director of Consumers Union. Kimmelman is referring to the FCC=92s=20
policy of allowing cable operators to charge customers $55 to $75 a month=20
if customers want to use their own Internet Service Provider (ISP), rather=
=20
than the provider selected by the cable company in their broadband cable=20
package. About 13.7 million consumers currently receive their service from=
=20
cable companies. Since 2001, the cost of buying the services that connect a=
=20
cable customer to high-speed Internet access have increased three times the=
=20
rate of inflation. =93This policy of allowing cable operators to force=20
consumers to buy their services is absolutely contrary to the President=92s=
=20
goal of offering consumers affordable Internet access,=94 Kimmelman said.=20
=93This Administration policy produces neither genuine consumer choice nor=
=20
dynamic innovation, both of which are necessary to ensure affordable access=
=20
to the Internet for all Americans.=94
[SOURCE: Consumers Union Press Release]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001013.html...
e
http://www.consumersunion.org/pub/0330%20bush%20broadband%20response%202...

RIGHTS OF WAY
In coordination with President Bush's remarks on broadband Monday, the NTIA=
=20
released the following report: To ensure that broadband providers are able=
=20
to obtain rights-of-way in a timely and cost-effective manner, the Bush=20
Administration formed a Federal Rights-of-Way Working Group to assess the=20
management of rights-of-way over lands under federal jurisdiction. The=20
report at the URL below contains the Working Group=92s findings and=20
recommendations for how the Federal Government can reform its approach to=20
rights-of-way management to help bring the promise of broadband to all=20
Americans, while ensuring that federal land managers fulfill their=20
important roles as stewards of our Nation=92s public property.
[SOURCE: National Telecommunications and Information Administration]
http://www.ntia.doc.gov/ntiahome/press/2004/frow_04262004.htm
http://www.ntia.doc.gov/reports/fedrow/index.html

SENATE DEBATES NET ACCESS TAX
By a 74-11 vote, senators agreed to begin a process climaxing in a final=20
vote expected later this week over whether to renew a lapsed ban that would=
=20
permanently prevent state and local governments from levying additional=20
taxes on dial-up, DSL (digital subscriber line), cable modem, wireless or=20
satellite access to the Internet. This vote "will determine to some extent=
=20
whether our e-mail, spam filters, Google searches, Web sites and instant=20
messages are singled out for discriminatory taxes," Sen. Ron Wyden (D-OR)=20
said. "I cannot believe the Senate would subject e-mail, BlackBerrys, a=20
variety of technologies to discriminatory taxes." While senators were=20
making speeches in public, their aides were fiercely negotiating potential=
=20
compromises in private. Sen. John McCain (R-AZ) is trying to broker a deal=
=20
that would renew the tax moratorium for four years, instead of making it=20
permanent, and tweak the definitions so states could tax=20
voice-over-Internet Protocol (VoIP) services. The House passed a bill=20
banning Internet taxation by voice vote in September.
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
http://news.com.com/2100-1028-5200216.html?tag=3Dcd.top
WSJ:=20
http://online.wsj.com/article/0,,SB108302929664394348,00.html?mod=3Dtoda...
s_page_one
WP: http://www.washingtonpost.com/wp-dyn/articles/A44833-2004Apr26.html
nyt: http://www.nytimes.com/2004/04/27/politics/27INTE.html

TAXING HIGH SPEED SERVICES: A QUANTIFICATION OF THE EFFECTS ON THE DSL=20
INDUSTRY AND UNIVERSAL SERVICE
Curiously, on the day the Senate began deliberation on Internet taxation, a=
=20
new research report on the issue was released. The imposition of state and=
=20
local
telecommunications taxes on digital subscriber line (DSL) services would=20
slash federal Universal Service Fund (USF) contributions by $280 million=20
and lead to $4.3 billion in reduced industry revenues available for=20
investment in new union jobs and expanded availability of broadband=20
technologies, according to a new study released today by the New Millennium=
=20
Research Council (NMRC). The NMRC study, =93Taxing High-Speed Services: A=20
Quantification of the Effects on the DSL Industry and Universal Service,=94=
=20
was written by economist Stephen Pociask. Mr. Pociask is president of=20
TeleNomic Research, a consulting firm specializing in public policy=20
analysis for information technology industries. Pociask said: =93DSL service=
=20
is price-sensitive and an increase in taxes would produce an increase in=20
price, leading to a significant reduction in demand and a decrease in total=
=20
industry revenues.=94 He explained that consumers would migrate to=
tax-exempt=20
cable-modem service, or abandon high-speed access altogether. =93Since cable=
=20
operators do not pay into the Universal Service Fund, an increase in=20
cable-modem demand would not help state and local governments raise taxes=20
nor would it help fund universal service programs.=94 USF contributions are=
=20
paid on all interstate telecommunications services and are used to support=
=20
telecom service for low income customers, underwrite network development in=
=20
high-cost areas, and fund Internet services for schools, libraries, and=20
rural healthcare providers. Pociask warned: =93Because universal service=20
programs are already under financial strain, this substantial contribution=
=20
loss would put these social programs in serious jeopardy.=94
[SOURCE: New Millennium Research Council Press Release]
http://www.newmillenniumresearch.org/news/042604release.pdf
See full report at:
http://www.newmillenniumresearch.org/archive/042604report.pdf

TAXING THE NET
An editorial that supports President Bush's call for a ban on taxing=20
Internet access, particularly the high-speed phone, cable and satellite=20
varieties known as broadband. The senators who oppose the ban are called "a=
=20
small pro-tax contingent of Senate Republicans." The problem, the WSJ=20
writes, is not lack of revenue at the state and local level, but a problem=
=20
with the government entities reigning in spending. The goal of "pro-tax=20
Republicans" is to block any federal pre-emption of state and local=20
authority to tax Internet access and, ultimately, electronic commerce. This=
=20
is precisely why we have a Commerce Clause, the editorial states. It was=20
devised to prevent state and local entities from taxing interstate=20
commerce. The Internet's unique architecture and decentralized nature lend=
=20
themselves to the very type of tax abuse that the Constitution guards=20
against. The editorial concludes: The real problem with anything short of a=
=20
permanent ban is that it keeps the issue alive to be debated down the road.=
=20
That creates uncertainty, which is the last thing the industry needs. A=20
permanent ban would be more difficult to resurrect. It would also=20
incentivize a telecom sector that stands ready to invest billions to=20
upgrade networks and make high-speed Internet access available to all=20
American homes and small businesses.
[SOURCE: Wall Street Journal Editorial Staff]
http://online.wsj.com/article/0,,SB108302270893994195,00.html?mod=3Dtoda...
s_opinion
(requires subscription)

CABLE

WHY YOUR CABLE BILL IS SOARING
This is not from David Letterman's home office in DeKalb, but here's the=20
Top Ten reasons cable bills are higher or, as BW calls them, the ten=20
secrets the cable industry would like you not to know. 1) Higher=20
programming costs and spending on infrastructure to provide digital service=
=20
are bulking up bills. 2) If cable concerns faced more competition, bills=20
would be lower. 3) If you want all the bells and whistles, buy as many=20
services as you can from one company. 4) Cable operators know you watch=20
only about 15 of the hundreds of channels you receive. But if they let you=
=20
pick and choose the channels you want, it would mess up their whole=20
business model. 5) If people could pick and choose only the channels they=20
want, all those less popular channels likely would go out of business. 6)=20
You can get just a premium channel without paying for dozens of other=20
channels. 7) If you don't go digital, you can save a lot of money. 8) To=20
make digital cable worth the extra money, you may want to get a digital=20
video recorder (DVR). 9) To really save money, skip cable, and buy your=20
favorite shows at retail on DVD. 10) [This isn't really a reason, but,=20
perhaps, a remedy] Want to complain? Contact your "local franchising=20
authority," or LFA. This is the governmental body that negotiates with the=
=20
cable outfit to provide local service. Each month you pay a fee to this=20
agency, which shows up as a line on your bill, so feel free to contact them=
=20
if you're unhappy with service. The phone number should be on the back of=20
your bill. You may also want to contact a congressional representative.=20
With consumers increasingly feeling gouged by high cable bills, you might=20
find a willing ear from local politicians.
[SOURCE: BusinessWeek, AUTHOR: Amey Stone]
http://www.businessweek.com/bwdaily/dnflash/apr2004/nf20040426_7542_db01...
m

VERIZON'S TAUKE SEES CABLE AS PLAYER ON CAPITOL HILL
Tom Tauke, Verizon's top Washington lobbyist, told a New America Foundation=
=20
audience that the cable industry would likely turn to Congress if the=20
courts insist that cable operators must share their broadband facilities=20
with competing Internet-service providers. Both the Baby Bells and cable=20
operators could gain broadband deregulation from the FCC despite court=20
setbacks and Mr. Tauke said he preferred the FCC route over the=20
unpredictability of the legislative process. While current law provides the=
=20
FCC with amply authority to shape new broadband policies, Mr. Tauke argued=
=20
that Congress might have to pass a law ensuring that state and local=20
governments could not regulate voice-over-Internet-protocol services.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA413036?display=3DBreaking+News
(requires subscription)
See also: http://www.newamerica.net/index.cfm?pg=3Devent&EveID=3D363

BROADCAST LOBBY'S INDECENT POSTURE: ASKING FOR BIG PUBLIC HAND-OUT
CDD's take on the current debate on whether or not to grant multicasting=20
must-carry rights on cable systems for digital television broadcasters.=20
With DTV technology, today's analog broadcasters will be able to=20
simultaneously broadcast multiple (4-6) programming streams while now they=
=20
can only do one.
"Television broadcasters have their special-interest eyes on a political=20
prize that will enrich the industry with tens of billions of dollars in new=
=20
revenues. They are now political arm-twisting both the FCC and Congress to=
=20
help achieve this goal. Once again, the public will be forced to bankroll=
=20
a handful of big media companies, who will be guaranteed a secure economic=
=20
future. And once again, the public--including children, families, and=20
communities--will be left to pay the tab while getting nothing back in=
return."
"Multicasting must-carry will not provide the public with any real benefit,=
=20
unless policies are first put in place to ensure that broadcasters must=20
effectively serve =93the public interest, convenience, and necessity.=94 =
That=20
promise, made back in 1934, must now be honored in the digital TV=20
age. FCC Commissioners Adelstein and Copps have already vowed to do=20
so. Will Commissioners Martin, Abernathy and Chairman Powell do the same,=
=20
or will they once again promote broadcasters=92 interests over the=
public=92s?"
[SOURCE: Center for Digital Democracy]
http://www.democraticmedia.org/news/marketwatch/NABhandout.html

QUICKLY

SPITZER CRITICIZES DEAL FOR AIRWAVES EXCHANGE
New York state Attorney General Eliot Spitzer yesterday urged the FCC to=20
sharply increase the amount Nextel should pay for a swath of=20
higher-frequency spectrum it would get in exchange for moving its airwaves=
=20
to minimize radio interference with public safety communications. In a=20
letter to the Commission, AG Spitzer wrote, ""Nextel must be required to=20
compensate the United States Treasury for the spectrum it receives in the=20
amount that would have been received at an auction of that spectrum."
"I am concerned that this proposal, if adopted, would result in a windfall=
=20
to one company at the cost of billions of dollars to taxpayers," wrote=20
Spitzer, who is best known for bringing cases against investment banks and=
=20
mutual funds on behalf of investors hurt by deceptive practices. He added=20
that "Nextel is obligated to operate in the public interest -- it does not=
=20
need to be compensated in the form of $5 billion of free spectrum for=20
complying with federal law."
[SOURCE: Washington Post, AUTHOR: Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A44859-2004Apr26.html
(requires registration)

SECOND THOUGHTS ON CREATING REGISTRY OF UNWANTED EMAIL
In recent weeks, the Federal Trade Commission has been soliciting public=20
comment about the pros and cons of a Do Not E-mail list, and a report as=20
well as a timetable is due to Congress in mid-June. Although at first=20
thought appealing, Bounds' columns cautions against the potential effects=20
for small businesses who could benefit from reduced advertising costs and=20
the potential ineffectiveness of a list without significant enforcement=20
efforts and better tracking technology. Will small businesses have the=20
resources needed to keep their lists up-to-date? Will they be scared off=20
from using email because of potentially expensive litigation? And it will=20
be hard to enforce a Do Not E-mail list until spammers play by the rules.=20
"They take great pains to hide their identity, and it makes it difficult to=
=20
track for law enforcement," says FTC attorney Katie Harrington-McBride.
[SOURCE: Wall Street Journal, AUTHOR: Wendy Bounds Wendy.Bounds( at )wsj.com]
(http://wsj.com/)
(requires subscription)

QWEST DROPS ACCESS FEES FOR INTERNET PHONE CALLS
Phone giant Qwest said on Monday it would no longer levy connection fees on=
=20
calls made to customers on its network from Internet phone services. Qwest=
=20
said it was making the move to promote true VOIP services, and the offer=20
did not apply to efforts by some phone companies to route calls partially=20
over the Internet. The company also said it would allow VOIP companies to=20
buy circuits to accept incoming calls from customers in Qwest's 14-state=20
region.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D4...
34&section=3Dnews

MACARTHUR FOUNDATION AWARDS $250,000 TO ONEWORLD INTERNATIONAL
The John D. and Catherine T. MacArthur Foundation has announced a grant of=
=20
$250,000 to the OneWorld International Foundation in support of its online=
=20
media network designed to help civil society organizations bring greater=20
attention to human rights and sustainable development issues worldwide.=20
OneWorld is an online gateway into news and commentary from a network of=20
6,500 nongovernmental organizations, radio broadcasters and video producers=
=20
working to improve peoples=92 lives around the world. Using the newest=20
communications technologies, OneWorld has made it possible for these=20
organizations to upload information they have generated=97including text,=20
images, audio and video content=97onto the OneWorld web portal,=20
www.oneworld.net, for sharing with global and local audiences. OneWorld has=
=20
become a resource for many mainstream media outlets looking for information=
=20
and news stories from fresh perspectives. Operating in 12 languages,=20
OneWorld Centers in Africa, the Americas, Asia and Europe publish country=20
and regional editions of the OneWorld web portal. A radio and video news=20
service, thematic portal sites on HIV/AIDS and the digital divide, and the=
=20
Open Knowledge Network (OKN) help complement OneWorld=92s work towards=20
achieving the Millennium Development Goals, which commit the international=
=20
community to an expanded vision of development. The OKN was designed to=20
help remote communities access information to improve their lives and to=20
help disseminate local knowledge to a global audience.
OneWorld United States, based in Washington, D.C., is a joint venture of=20
the Benton Foundation and OneWorld International
[SOURCE: John D. and Catherine T. MacArthur Foundation]
http://www.macfound.org/announce/press_releases/4_23_2004_1.htm
--------------------------------------------------------------

Benton's Communications-related Headlines for 4/26/04

For upcoming media policy events, see http://www.benton.org/calendar.htm
Of special note this week are the following Congressional hearings: 1)=20
Telecommunications Policy Review: Lessons Learned from the Telecom Act of=20
1996, 2) Telecommunications Policy: A Look Ahead, 3) Satellite Home Viewer=
=20
Improvement Act reauthorization and 4) Spyware: What You Don't Know Can=20
Hurt You.

POLITICS
Bush to Roll Out His Tech Vision Ahead of Kerry's
Vote on Internet Tax Moratorium Today
Trouble in NAB Paradise?

CABLE
In Embracing Digital Recorders, Cable Companies Take Big Risk
Under Assault/Bleepinator Anyone?
Ferree Plan No Picnic for Cable, Either
Jeff Chester Gets On Cable=92s Case

INTERNET
The Latest High-Tech Legal Issue: Rooting Out the Spy in Your Computer
14% of Internet Users Say They No Longer Download Music Files

TELECOM
Why Cingular Won't Ditch This Deal
The real fight begins for AT&T, Baby Bells
VoIP: Challenging Regulations and Rates in States

QUICKLY
Technology and Show Business Kiss and Make Up
TV and Toddlers
No Wires, No Rules

POLITICS

BUSH TO ROLL OUT HIS VISION AHEAD OF KERRY'S
Expect announcements early this week from President George Bush of=20
proposals aimed at boosting technological innovation. Proposals will=20
include: $100 million annual grants that support development of electronic=
=20
medical records systems, asking Congress to pass legislation making=20
permanent existing tax breaks on broadband services and new steps to make=20
available more spectrum for broadband services. President Bush's proposals=
=20
are already facing criticism. Morley Winograd, executive director of the=20
Center for Telecom Management at the University of Southern California and=
=20
former adviser to Vice President Al Gore, said, "There's only one big thing=
=20
you can do to promote universal broadband, which is subsidize the price."=20
That notion was absent from the White House plan. Mr. Winograd said=20
President Bush's proposal on taxes ratify the status quo and embrace a=20
widely accepted bipartisan goal. He added that the plan on wireless=20
spectrum was up to the FCC, an independent agency, and the proposals for=20
expanding broadband over power lines was rarely discussed and that current=
=20
limits had less to do with government policies than consumer acceptance of=
=20
the idea.
[SOURCE: Wall Street Journal, AUTHOR: Greg Hitt greg.hitt( at )wsj.com and Jacob=
=20
M. Schlesinger jacob.schlesinger( at )wsj.com ]
http://online.wsj.com/article/0,,SB108294725270693283,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

VOTE ON INTERNET TAX MORATORIUM TODAY
The Senate is expected to vote today to open a 30hr debate on a bill making=
=20
permanent the moratorium on Internet access taxes (S-150). A second vote=20
--on Tuesday or Wednesday -- would be needed to move to a more formal=20
debate and vote on the bill. Opponents to the bill, especially proponents=20
of a competing bill, S-2084, may prevent cloture. Democrats may also try to=
=20
offer non-germane amendments to S-150, including amendments related to=20
minimum wage law. Apart from all that, senators may have a tough choice=20
between the bills. S-150 may hurt states, preventing them to tax Internet=20
connections, and S-2084 could be seen as a vote for higher taxes. What's a=
=20
states' rights fiscal conservative to do?
[SOURCE: Communications Daily, AUTHOR: Patrick Ross]
(Not available online)
Reuters:=20
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D4...
32&section=3Dnews
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-preview26.1apr26,1,70...
1.story?coll=3Dla-headlines-pe-business

TROUBLE IN NAB PARADISE?
Conflicting reports out of the National Association of Broadcasters=20
convention last week suggest that there could be a power struggle going on=
=20
within the lobbying group. Some have suggested that the organization's=20
Joint Board Chairman Phillip Lombardo, CEO of Citadel Communications, has=20
organized a coup to oust NAB President Eddie Fritts and install himself as=
=20
president. Mr. Lombardo is vehemently denying this. Nevertheless, there=20
appears to be friction between the TV and radio members of the organization=
=20
and Mr. Lombardo seems to have rubbed some people the wrong way. Radio=20
members feel Lombardo sides with TV in his decisions while Mr. Fritts has=20
been criticized for not moving enough on TV broadcasting issues. =93There=92=
s a=20
cadre on the TV board that have it in for Mr. Fritts,=94 said William=20
Stakelin, COO of Regent Communications and a former NAB board chairman.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins]
(Not available online)

CABLE

IN EMBRACING DIGITAL RECORDERS, CABLE COMPANIES TAKE BIG RISK
The cable industry is rushing to install as many digital video recorders in=
=20
subscribers' homes as they can -- and charge an extra $10/month for their=20
use. But if those subscribers us the machines to tune ads out, it could=20
undermine the basic economics of the television business. Advertisers spent=
=20
$54.5 billion on U.S. television advertising in 2003, more than any other=20
medium. Many of the companies that sell monthly cable-TV service also own=20
cable channels that rely on advertising revenue. "This is something=20
consumers really want and ultimately that's what's going to drive everybody=
=20
in a competitive business," says Comcast's Brian Roberts. The long-term=20
affect for consumers could be higher cable and satellite bills as=20
advertising revenues dwindle. Consumers might be given a choice: They could=
=20
pay extra to get ad-free TV, or choose a cheaper plan that forces them to=20
watch ads. In a 2002 speech to television critics, Jamie Kellner, then Time=
=20
Warner's top TV programming executive, said users of digital recorders=20
might have to pay an extra $250 a year for commercial-free TV to replace=20
the revenue lost from advertising. "Don't think for a moment that there's=20
free lunch involved in this," he said.
[SOURCE: Wall Street Journal, AUTHOR: Julia Angwin julia.angwin( at )wsj.com,=20
Peter Grant peter.grant( at )wsj.com and Nick Wingfield nick.wingfield( at )wsj.com ]
http://online.wsj.com/article/0,,SB108292985324892853,00.html?mod=3Dtoda...
s_page_one
(requires subscription)

UNDER ASSAULT
The world is changing fast, maybe too fast, for the cable industry. Perhaps=
=20
just six months ago, no one in the industry would have been giving a second=
=20
thought about in/decent programming. Now indecency critics -- including FCC=
=20
Chairman Michael Powell, House Commerce Committee Chairman Rep. Joe Barton=
=20
(R-TX) and groups like the Parents Television Council -- having seemingly=20
won the battle to reign in broadcast programming are turning their=20
attention to cable TV. Programmers are pushing edgier fare to later start=20
times and slowing production -- until after this election cycle -- of=20
potentially controversial shows. Even though most major cable networks are=
=20
owned by broadcasters, the rules for cable are different. In the past, the=
=20
courts have blocked Congress and the FCC from imposing broadcast-style=20
indecency restrictions on cable for two reasons. First, subscribers=20
"invite" cable into their homes and voluntarily pay for it. Second, the=20
government must limit free-speech restrictions to the lightest remedy=20
possible, and subscribers can already call their cable operator and order a=
=20
block on any channel. Perhaps a more Constitution-friendly, but potentially=
=20
economically damaging alternative is mandated a la carte options for=20
consumers so they do not have to pay for channels they don't want.
[SOURCE: Broadcasting&Cable, AUTHOR: John Higgins]
http://www.broadcastingcable.com/article/CA412802?display=3DTop+of+the+Week
(requires subscription)
Also see this related story:
BLEEPINATOR ANYONE?
Television stations are being advised by attorneys to delay and sometimes=20
alter local news broadcasts because of changes in FCC decency enforcement.=
=20
Alluding to the NBC-Bono decision, communications attorney Kathleen Kirby=20
notes that "some words are inherently indecent and profane." Context, she=20
said, has been completely removed from the debate. At the NAB convention,=20
FCC Commissioner Kathleen Abernathy said that lots of stations do good news=
=20
work in the community, but, "if you cross the line, we're still going to=20
nail you for it." Under the strictest interpretation of the FCC's=20
broadcast-indecency rules, for example, during a live shot for the 6 p.m.=20
news, a streaker could run behind a reporter and yell, "F*** you!" and the=
=20
station might face a $1 million fine=97$500,000 for the profane utterance=
and=20
another $500,000 for the nudity. The enforcement changes mean increased=20
sales for a small group of equipment companies that sell signal-delay=20
systems. Leitch, Prime Image, and Encore drew hundreds of visitors on the=20
exhibit floor at NAB last week, selling devices that range from $8,000 to=20
$30,000 each.
[SOURCE: Broadcasting&Cable, AUTHOR: Steve McClellan]
http://www.broadcastingcable.com/article/CA412624?display=3DTop+of+the+Week
(requires subscription)

FERREE PLAN NO PICNIC FOR CABLE, EITHER
The cable industry has so far been supportive of FCC Media Bureau Chief Ken=
=20
Ferree as he tries to craft a plan to quicken the nation's transition to=20
digital-only broadcasting, returning valuable spectrum for auction. But=20
does cable really like the Ferree proposal? Maybe not, thinks at least one=
=20
FCC official. Under the plan, TV stations may demand mandatory cable=20
carriage of their digital signals, effective Jan. 1, 2009. Some stations=20
would elect for digital carriage, knowing that the cable operator might=20
have to voluntarily carry the signal in analog to keep analog=20
equipment-only viewers happy. =93If you choose digital carriage and you have=
=20
a [The] WB [station] or something, the cable system will find it very tough=
=20
to drop your analog,=94 suggests the FCC's Rick Chessen. =93Cable has very=
=20
mixed feelings about this type of plan, where broadcasters get to choose=20
whether they want digital, because they recognize that the marketplace in=20
many, many instances is going to force them to carry both,=94 Mr. Chessen=
said.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA412781?display=3DTop+Stories
(requires subscription)

JEFF CHESTER GETS ON CABLE'S CASE
Soft-spoken, understated, demur -- these are the words cable and broadcast=
=20
executives use all the time to describe Jeff Chester. But, as Mr. Chester=20
will quickly tell you, they lie -- they lie all the time. Outspoken, brash,=
=20
relentless public interest advocate Jeff Chester is interviewed here by=20
Multichannel News. Here's Mr. Chester describing his work in his own words:
"Television is under the control of just the tiny few, giant companies,=20
whose principal focus is advertising and marketing and the entertainment=20
that promotes it. What motivates me is to have a system that can be more a=
=20
thriving, vibrant media marketplace of ideas. Imagine more serious news,=20
long-form documentaries, and the best of local and national arts. That=92s=
=20
missing today on television, including cable."
"Brian Lamb can deny it, [but] C-SPAN is designed to aid cable=92s lobbying=
=20
strategy. It=92s a not-so-silent campaign contribution on both parties, who=
=20
appreciate being invited in here. Also, C-SPAN has never really cast a=20
negative eye for any kind of sustained basis on its own industry. It=92s a=
=20
political operation for the cable industry."
"We were one of the biggest critics of Bill Kennard, as we are of the=20
critics of Michael Powell."
"I think it=92s a tragedy about what has happened with this decency debate.=
=20
Look, the Congress and the FCC have gone too far. What is being proposed,=20
ultimately, is censorious. What kids and adults, frankly, need, are more=20
options."
There's much more at the URL below.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA412556?display=3DTop+Stories
(requires subscription)

INTERNET

THE LATEST HIGH-TECH LEGAL ISSUE: ROOTING OUT THE SPY IN YOUR COMPUTER
What is spyware? It is what opponents call software that is unknowingly=20
downloaded onto an Internet user's computer delivering pop-up ads and=20
sometimes performing other actions (monitoring Internet use or recording=20
keystrokes) without the owner understanding what is going on or how to stop=
=20
it. Proponents call this adware. This creates inconveniences for users, but=
=20
may have a new cost: spyware is now the No. 1 reason that consumers call=20
Dell for technical support, damaging the Dell brand, the company argues.=20
Utah has passed the first anti-spyware law and California, Iowa and=20
Virginia are considering legislation. Federal legislation has been proposed=
=20
too. Sen. Burn (R-MT), Wyden (D-OR) and Boxer (D-CA) have introduced a bill=
=20
that would require notice and consent before software could be added to a=20
computer.
More at the URL below and see http://www.benton.org/calendar.htm for=20
information on an upcoming Congressional hearing on the topic.
[SOURCE: New York Times, AUTHOR: John Schwartz & Saul Hansell]
http://www.nytimes.com/2004/04/26/technology/26spyware.html
(requires registration)

14% OF INTERNET USERS SAY THEY NO LONGER DOWNLOAD MUSIC FILES
The recording industry campaign against those who download and swap music=20
online has made an impact on several major fronts, but the number of=20
Americans downloading music and sharing files online has increased,=20
according to the most recent survey of the Pew Internet & American Life=20
Project. The Project's national phone survey shows that 14% of online=20
Americans say that at one time in their online lives they downloaded music=
=20
files, but now they no longer do any downloading. That represents more than=
=20
17 million people. However, the number of people who say they download=20
music files increased from an estimated 18 million to 23 million since the=
=20
Project's November-December 2003 survey. This increase is likely due to the=
=20
combined effects of many people adopting new, paid download services and,=20
in some cases, switching to lower-profile peer-to-peer file sharing=20
applications. For more information, see Web site:=
http://www.pewinternet.org/.
[SOURCE: Pew Internet & American Life Project Press Release]
http://www.pewinternet.org/

TELECOM

WHY CINGULAR WON'T DITCH THIS DEAL
AT&T Wireless has been reporting an eroding subscriber base and earnings of=
=20
late. Will it kill the merger with Cingular to form the country's #1=20
wireless provider? Probably not. Cingular parent's Bell South and SBC want=
=20
AT&T Wireless for its networks, wireless spectrum, and coverage. With=20
people choosing wireless instead of wireline for their primary or second=20
lines, the Baby Bells need to enhance their dominant telecom services=20
inside and outside their regions. Adding AT&T Wireless' network will=20
enhance Cingular's cheaper than building new and allow customers to send=20
photos from cell phone to cell phone. And there's massive economies of=20
scale to look forward to resulting in more than $1 billion in operating-=20
and capital-spending savings in 2006, and $2 billion in annual savings=20
beginning in 2007.
[SOURCE: BusinessWeek, AUTHOR: Olga Kharif]
http://www.businessweek.com/technology/content/apr2004/tc20040423_4609_t...
.htm

THE FIGHT BEGINS FOR AT&T, BABY BELLS
Several months ago, AT&T stopped paying local phone companies what are=20
known as access charges for completing long-distance calls placed by its=20
customers while the company waited for a ruling from the FCC. Last week,=20
the Commission ruled that AT&T must continue to pay access fees even when=20
using the Internet to transport parts of long distance calls. AT&T now=20
contends it owes local providers just tens of millions in past access fees,=
=20
but local phone companies argue that the number is in the hundreds of=20
millions. This round of the debate will be played out in court and could=20
affect other carriers besides AT&T.
[SOURCE: C-Net|News.com, AUTHOR: Ben Charny]
http://news.com.com/2100-1037-5198645.html?tag=3Dnefd.hed

VOIP:CHALLENGING REGULATIONS AND RATES IN STATES
Progress & Freedom Foundation President Raymond L. Gifford, in a speech to=
=20
the Buckeye Institute's Telecommunications Policy Forum in Columbus, Ohio,=
=20
offered advice to policymakers. =93The legacy system of PUC administrative=
=20
regulation of communications needs to change and be diminished rapidly,=94=
he=20
said. =93Technology and innovation will eclipse the current regulatory=
system=20
no matter what. But states that take proactive steps to create a legal and=
=20
regulatory structure that is attractive will have a comparative advantage=20
over states that do not.=94 =93Beware a vicious cycle, as is now happening=
with=20
federal Universal Service Fund contributions,=94 he told state experts.=
=93VoIP=20
will squeeze the ability to seek cost recovery from access and reciprocal=20
compensation.=94 It will also =93force rebalancing, or better yet,=
deregulation=20
of retail rates=85forc[ing] a different pricing model toward flat, monthly=
=20
charges, or tiers of bandwidth use.=94 Moreover, Gifford said states will=20
=93lose [their] most profitable access-payers first=94 because =93they have=
the=20
most to gain by avoiding usage-based intercarrier compensation.=94
[SOURCE: Progress and Freedom Foundation Press Release]
The Progress & Freedom Foundation is a market-oriented think tank that=20
studies the digital revolution and its implications for public policy. It=20
is a 501(c)(3) research & educational organization.
http://www.pff.org/news/news/2004/042104giffordbuckeye.html
SJMerc:=20
http://www.mercurynews.com/mld/mercurynews/business/technology/8516274.htm

QUICKLY

TECHNOLOGY AND SHOW BUSINESS KISS AND MAKE UP
Executives from the entertainment and technology industries used to be at=20
eachother's throats, screaming accusations at Congressional hearings. But=20
the economic downturn has helped them find true love in eachother's arms.=20
The ability to deliver movies and music over the Internet in a pirate-proof=
=20
format could mean big money for movie and record companies, which have long=
=20
complained about the expenses of manufacturing and distributing their=20
wares. And there are equally fat profits for those who can ease the=20
distribution and consumption of digital entertainment. But "happily ever=20
after" is no guarantee for this new romance, still fueled equally by=20
optimism and results. And the new partners are only beginning to talk=20
money. "This will be a defining issue between the businesses," said Peter=20
Chernin, chief executive of the News Corporation, owner of 20th Century Fox=
=20
Studios and the Fox Television operations. "How does someone get paid for=20
creating software that moves content around?"
[SOURCE: New York Times, AUTHOR: Evelyn Nussenbaum]
http://www.nytimes.com/2004/04/26/business/media/26entertain.html
(requires registration)

TV AND TODDLERS
Have broadband? BusinessWeekTV looks at recent reports linking TV viewing=20
to attention disorders. Find link to video at URL below (unless you are a=20
toddler subscriber, of course, in which case go get your Dad to read=20
something to you).
[SOURCE: BusinessWeek]
http://www.businessweek.com/technology/index.html

NO WIRES, NO RULES
A special BW section on new wireless technologies and how they will soon=20
reconfigure the Web using radio spectrum that doesn't cost a dime.
[SOURCE: BusinessWeek]
http://www.businessweek.com/technology/content/apr2004/tc20040419_7314.htm
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