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Benton's Communications-related Headlines for 6/07/04

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

Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.

MEDIA
LPFMs Could Get Big-City Addresses
Advisory Committee on Diversity for Communications in the Digital Age
The Squeeze Play
Move to Stiffen Decency Rules Is Losing Steam in Washington
Kerry Opposes Cable Indecency Crackdown
To Watch These Programs on Cable, You Have to Find Them First

BROADBAND
NTIA Files Comments with FCC on Broadband Over Power Line Systems

MEDIA

LPFMs COULD GET BIG-CITY ADDRESSES
Sens. John McCain (R-AZ) and Patrick Leahy (D-VT) are sponsoring=20
legislation that will expand the FCC's low power FM service into urban=20
markets. Their bill would remove tight interference restrictions imposed by=
=20
Congress that largely limit the service to rural and mid-sized markets. The=
=20
restrictions currently require a low power station to have at least two=20
vacant channels between it and a full power station. That spacing has=20
prevented low power stations from operating in most big markets, where=20
radio dials are crowded. Advocates for the fledgling FM service said=20
passing the legislation would allow the ranks of LPFM stations to increase=
=20
from more than 700 authorized today to more than 1,000.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA423579?display=3DBreaking+News
(requires subscription)
Reactions to the legislation:
Media Access Project http://www.mediaaccess.org/press/LPFMSenatePR6-4-04.pdf
Free Press http://www.freepress.net/news/release.php?id=3D19
National Assoc. of Broadcasters=20
http://www.nab.org/Newsroom/PressRel/statements/S1004.htm
Prometheus Radio=20
Project http://www.prometheusradio.org/release_june_4th_mccain_lpfm.doc

ADVISORY COMMITTEE ON DIVERSITY FOR COMMUNICATIONS IN THE DIGITAL AGE
The Advisory Committee on Diversity for Communications in the Digital Age=20
was formed by FCC Chairman Michael Powell in the summer of 2003. Its=20
mission is to provide guidance to the Commission on policies and practices=
=20
that could increase the diversity of ownership and could create=20
opportunities for minorities and women to advance to managerial positions=20
in the communications sector as well as other related sectors of the=20
economy. The Committee's 3rd meeting will be Monday, June 14. The=20
meeting's agenda will include interim reports from the Diversity=20
Committee's four subcommittees regarding progress towards the final report=
=20
to the Commission: Career Advancement, New Technologies, Financial Issues=
=20
and Transactional Transparency. The reports will be followed by group=20
discussion and public comment. Further details about the Committee are=20
posted on the FCC website at: http://www.fcc.gov/DiversityFAC/ or contact=20
Jane E. Mago (202) 418-2030.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248000A1.doc

THE SQUEEZE PLAY
Broadcasters are feeling the political heat to return the spectrum licenses=
=20
the use to deliver analog TV. House Commerce Chairman Joe Barton (R-TX)=20
came out in favor of a quick return of the spectrum during a hearing last=20
week and Sen John McCain has scheduled a hearing on the FCC's proposed=20
transition plan for Wednesday. Sen McCain may also endorse the FCC plan=20
which would count all cable subscribers as digitally served by local=20
broadcasters=97even if subscribers don't have a digital set. Satellite=20
subscribers would also count, provided they buy local-channel packages. FCC=
=20
Media Bureau Chief Ken Ferree predicts the spectrum giveback could be=20
January 1, 2009, if the plan is adopted.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA423586?display=3DWashington
(requires subscription)

MOVE TO STIFFEN DECENCY RULES IS LOSING STEAM IN WASHINGTON
Although the House passed legislation that would greatly increase the=20
financial penalties on broadcasters found to have violated standards of=20
decency, similar legislation in the Senate is being held up in part because=
=20
the majority has had trouble passing and major bills and in part because of=
=20
controversial provisions in the Senate bill including curbing violent=20
content on television and rolling back the FCC's media ownership rules=20
adopted last year. The House bill, by contrast, focused just on raising the=
=20
financial penalties of broadcasters, fees that have not been raised in=20
decades. "These are the public airwaves,'' said Rep Fred Upton (R-MI) who=20
introduced the House bill. "Every FCC commissioner, regardless of whether=20
Republican or Democrat, has called for higher fines, as over-the-air=20
broadcasters have clearly skirted the line on decency.'' If the Senate and=
=20
House are able to forge common ground, the result is likely to involve some=
=20
attempt - probably in a broader, unrelated bill, - to raise the penalties=20
on broadcasters - though by how much is unclear.
[SOURCE: New York Times, AUTHOR: Jacques Steinberg]
http://www.nytimes.com/2004/06/07/business/media/07decency.html
(requires registration)

KERRY OPPOSES CABLE INDECENCY CRACKDOWN
In an interview with C-SPAN over the weekend, Sen John Kerry (D-MA) said he=
=20
does not think broadcast indecency rules should be applied to pay-TV=20
services. "I think there is a distinction between public broadcast and the=
=20
notions we've had historically about family time, family hour=97and what you=
=20
buy privately and personally," Sen Kerry said. "I am not in favor of=20
government interference and censorship and restriction of what an=20
individual privately can decide to do in their home, in their own space, so=
=20
to speak," he said, but he did seem to be OK with broadcast indecency=20
regulation "where you have children involved, where you have a broader=20
cross-section of the public, where there is sort of a sense of family time=
=20
or hour." He also spoke in opposition to the FCC's new media ownership=20
rules. "I think that too much media in the hands of one powerful entity or=
=20
one individual is a mistake. I think it runs counter to the foundation of=
=20
our country. I think it runs counter to the need for Americans to know=20
that they are getting news and information from multiple sources that are=20
not singularly controlled."
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA423410?display=3DBreaking+News
(requires subscription)

TO WATCH THESE PROGRAMS ON CABLE, YOU HAVE TO FIND THEM FIRST
In the increasingly cluttered world of cable television, the new frontier=20
for start-up channels is video on demand where they will have to attract=20
viewers without having a designated channel number. Viewers have to seek=20
out this programming. "Their concerns about 'no one will find us' are well=
=20
founded," said Stephen Hasker, an analyst at McKinsey & Company. For=20
viewers to seek out on-demand channels, he added, "there is a mind shift=20
that is required." For cable companies, the move is imperative because of=20
new demands on bandwidth -- digital channels, scores of little-watched=20
channels and telephony.
[SOURCE: New York Times, AUTHOR: Ken Belson]
http://www.nytimes.com/2004/06/07/business/media/07cable.html
(requires registration)

BROADBAND

NTIA FILES COMMENTS WITH FCC ON BROADBAND OVER POWER LINE SYSTEMS
The Commerce Department=92s National Telecommunications and Information=20
Administration on Friday filed comments with the FCC providing technical=20
guidance for the responsible deployment of broadband over power line (BPL)=
=20
systems and urging the Commission to complete its BPL rulemaking proceeding=
=20
without delay. On April 26, President Bush called for the establishment of=
=20
technical standards to make possible new broadband technologies such as the=
=20
use of high speed communications directly over power lines. On April 27,=20
NTIA released a Phase One study that examined the potential interference to=
=20
federal government radio systems that could result from the deployment of=20
BPL, and identified appropriate techniques that will mitigate this=20
interference. The comments filed Friday build upon the results of NTIA=92s=
=20
Phase One study by providing technical analysis of the issues raised in the=
=20
FCC=92s BPL Notice of Proposed Rulemaking (NPRM). NTIA=92s comments,=
together=20
with the rules proposed in the FCC=92s NPRM will reduce the risk of=20
interference to critical federal radiocommunication systems, and provide a=
=20
firm technical foundation for the responsible deployment of BPL. NTIA=92s=20
comments endorse the Commission=92s proposed field strength limits and=20
provide recommendations for reducing the risk of interference to authorized=
=20
radiocommunication systems. Specifically, NTIA recommends the use of=20
mandatory power control, adoption of limited coordination areas and=20
exclusion of critical frequency bands. NTIA also made recommendations=20
regarding refinements to the FCC=92s proposed compliance measurement=20
procedures for BPL systems. NTIA expects to complete its Phase Two study=20
later this year. However, in order to quickly address issues that have an=20
immediate impact on the FCC=92s rulemaking, the most significant issues=20
considered in the comprehensive Phase Two study are provided in a technical=
=20
appendix of today=92s filing. NTIA expects its Phase Two study to complement=
=20
any conclusions reached by the Commission and, therefore, recommends that=20
the Commission=92s rulemaking proceed without delay.
[SOURCE: NTIA]
http://www.ntia.doc.gov/ntiahome/press/2004/bpl_06042004.htm
--------------------------------------------------------------

Benton's Communications-related Headlines for 6/04/04

TELECOM
Phone Lobbies Push Hard on Local Access
FCC Open Meeting Agenda

MEDIA
Birds Keep Feeding Distant Signals
TV, Games Blamed for Obesity

QUICKLY
Powell Speech to Wireless Communications Association International
New Wireless Systems Push 3G Onto the Defensive
Web Porn Entices Far More Surfers Than Search
Bush FTC Nominee a Triple Threat

TELECOM

PHONE LOBBIES PUSH HARD ON LOCAL ACCESS
The Bush Administration must choose sides between long-distance telephone
companies such as AT&T and MCI and regional phone giants, including
Verizon, BellSouth and SBC. At stake is whether local phone rates will go
up for 19 million people -- which in turn could have consequences in the
presidential campaign -- and what companies will dominate the highly
volatile telecommunications industry. Solicitor General Theodore B. Olson
has a June 15 deadline to decide whether to appeal a federal court ruling
that would void regulations that govern the commercial interaction between
phone companies. The U.S. Court of Appeals for the D.C. Circuit ruled in
March that the regional firms can no longer be forced by the federal
government to allow long-distance and other telephone firms to lease their
lines at discounted rates set by state regulators. If SG Olsen appeals the
ruling, phone rates will probably stay the same for months -- at least
after the election in November. If he does not file an appeal, local
telephone rates could go up and CompTel/Ascent, which represents
competitors to local phone companies, has prepared political commercials
against President Bush for allowing that to happen, threatening to run
those ads in states that are pivotal to his reelection campaign. The Bush
Administration has been betting it would not have to make a decision if all
parties involved could be locked into a DC hotel room and forced to
negotiate. But that's not working.
See more at the URL below.
[SOURCE: Washington Post, AUTHOR: Jeffrey Birnbaum and Christopher Stern]
http://www.washingtonpost.com/wp-dyn/articles/A13959-2004Jun3.html
(requires registration)
DEFENDING PHONE COMPETITION
The NYTimes comes out in favor of a Supreme Court appeal in this editorial.
[SOURCE: New York Times, AUTHOR: New York Times Editorial Staff]
http://www.nytimes.com/2004/06/04/opinion/04FRI3.html
(requires registration)

FCC OPEN MEETING AGENDA
FCC Commissioners will hold an open meeting June 10 and six items on agenda
were announced Thursday. The Commission will consider 1) a Notice of
Proposed Rulemaking concerning mandatory electronic filing for
international telecommunications services and other international filings,
2) a Report and Order and Fourth Report and Order concerning spectrum
sharing in the 1.6 and 2.4 GHz bands, 3) a Report and Order and Further
Notice of Proposed Rulemaking concerning the eligibility, licensing and
service rules for the 2500-2690 MHz Band to promote ubiquitous wireless
broadband services nationwide, 4) Notice of Inquiry seeking information and
comment for the Eleventh Annual Report to Congress on the status of
competition in the market for the delivery of video programming, 5) a
Report and Order, Order on Reconsideration, and Further Notice of Proposed
Rulemaking addressing numerous issues concerning the provisions,
regulations, and compensation of telecommunications relay service (TRS) for
persons with hearing and speech disabilities and 6) an Order on
Reconsideration concerning requests from BellSouth and Sure West to
reconsider and/or clarify unbundling obligations relating to multiple
dwelling units and the network modification rules.
Popcorn and peanuts will NOT be available at this meeting; someone left a
big mess in the back row last month.
Additional information concerning this meeting may be obtained from Audrey
Spivack or David Fiske, Office of Media Relations, (202) 418-0500; TTY
1-888-835-5322. Audio/Video coverage of the meeting will be broadcast live
over the Internet from the FCC's Audio/Video Events web page at
www.fcc.gov/realaudio.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248013A1.doc

MEDIA

BIRDS KEEP FEEDING DISTANT SIGNALS
The Satellite Home Viewer Extension and Reauthorization Act of 2004 was
approved by the House Commerce Committee Thursday. The bill would renew
through 2009 satellite TV carriers' right to import out-of-town network
feeds to subscribers who don't get acceptable signals from their local
affiliates. The bill would also end the controversial two-dish system for
local channels -- broadcasters complain that independent channels are often
relegated to the second dish that many consumers do not bother to have
installed. The FCC also would be ordered to study whether to allow DBS
companies to import digital version of networks feeds, something satellite
companies and some activist groups have been pushing for. The House and
Senate Judiciary Committee are expected to approve the legislation without
major changes next week. That would leave just the Senate Commerce
Committee, chaired by Sen John McCain (R-AZ), to consider the bill, but no
meeting of the committee has been scheduled on the subject.
For text of bill and amendments approved by House Commerce Committee, see
http://energycommerce.house.gov/108/Markups/06032004markup1290.htm
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA423264?display=Breaking+News
(requires subscription)

TV, GAMES BLAMED FOR OBESITY
At a three-day summit on the American obesity crisis, William Dietz,
Director of the Nutrition and Physical Activity Division of the Centers for
Disease Control, said a major cause of childhood obesity is increased media
consumption, primarily TV and video games. He praised programs that limit
children's media consumption and urged the creation of more such programs.
World News Tonight anchor Peter Jennings moderated a panel on marketing to
children. The media and marketers got more and heavier criticism during the
session, both for the enforced sedentariness and for the opportunity that
provides to market fast food, snacks and sweets. But outgoing Federal Trade
Commission Chairman Tim Muris said banning food ads targeted toward
children would be ineffective, not to mention illegal. Chairman Muris added
that "kids get most of their info from adult programs," anyway. Ironically,
he said, government regulations can actually prevent positive health
messages. FDA rules, for example, prevent apple growers from claiming their
product "is better for you than, say, potato chips.... This (kind of thing)
actually drives good health information out of advertising."
[SOURCE: Broadcasting&Cable]
http://www.broadcastingcable.com/article/CA422942?display=Breaking+News
(requires subscription)
MURIS PANS FOOD-AD BAN
[SOURCE: Broadcasting&Cable]
http://www.broadcastingcable.com/article/CA423247?display=Breaking+News
(requires subscription)

QUICKLY

POWELL SPEECH TO WIRELESS COMMUNICATIONS ASSOCIATION INTERNATIONAL
FCC Chairman Michael Powell spoke at this WCA 2004 conference. His remarks
focused on the role wireless has and will play in bringing broadband to all
Americans. He concluded: "[T]he broadband future is exciting, innovative
and bright, and we look forward to wireless being part of that future. The
raw material is there, and the recognition of its importance has begun to
develop. Now all that is left is the easy part, of actually making it
happen, and that's what the discussions and debates at this important
conference are about -- bringing the stakeholders together who know how to
make it happen. Hopefully in a few years we will look back quite proudly
of our accomplishments knowing that we put the country and the world on
better, more competitive footing. This is a world that our children will
enjoy for years to come."
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-248003A1.doc

NEW WIRELESS SYSTEMS PUSH 3G ONTO THE DEFENSIVE
Third-generation mobile phone services have finally arrived in Europe after
a mammoth effort that cost the industry at least $123 billion, but new
systems that operate much faster already threaten to consign 3G to history.
Major wireless service providers such as Nextel in the United States and
Britain's Vodafone are trying out Flash-OFDM, a new wireless technology
able to carry data 10 times faster and cheaper than 3G networks. A rival
system is WiMAX, supported by U.S. chip giant Intel , which would offer
fast wireless Internet over distances of up to 28 miles. WiMAX aspires to
be the long-distance version of existing local wireless Internet systems.
[SOURCE: Reuters, AUTHOR:Lucas van Grinsven]
http://www.reuters.com/newsArticle.jhtml;jsessionid=GBNK4G0OYYQRICRBAELC...

WEB PORN ENTICES FAR MORE SURFERS THAN SEARCH
What were we all doing on the Web May 23-29? Research firm Hitwise Inc.
breaks down Web visits that week as: "Adult" at 18.8%, "Search Engines and
Directories" at 13.8%, "Entertainment" at 8.0%, "Business and Finance" at
7.4& and "Shopping and Classifieds" at 7%. Search engine Google accounted
for 2.7% of all Web visits.
[SOURCE: Reuters, AUTHOR: Lisa Baertlein]
http://www.reuters.com/newsArticle.jhtml;jsessionid=NMBXMKIXMFNYCCRBAEOC...

BUSH FTC NOMINEE IS TRIPLE THREAT
Deborah Majoras, a former Bush administration Department of Justice
official, who supervised the controversial settlement with Microsoft, is on
track to become the chair of the Federal Trade Commission. Majoras, who
represents some of the country's largest oil and media companies, would
become the federal government's lead "consumer advocate." But as Senators
Wyden and Boxer and a number of consumer groups have made clear, Majoras at
the FTC would be bad for consumers, competitors, and citizens alike. One
major objection to Majoras is her stance on the role that the FTC should
play in reviewing media mergers. She backed a secret plan developed by the
Bush Administration in 2002 that would have removed the FTC from reviewing
such mergers. Under the proposal, only the Department of Justice would
have had media merger authority. DOJ has been notoriously friendly to the
big media companies that lobby an administration (regardless of which party
is in charge). Only at the FTC have consumers and competitors been given
serious attention (as in the case of AOL and Time Warner, where the FTC
imposed some "open access" and non-discrimination safeguards). As chair of
the FTC, Majoras would be unlikely to seek review of media mergers,
permitting the DOJ to rubberstamp even more consolidation. While at DOJ,
Majoras also led the Bush administration's backroom deal that approved a
much-criticized agreement with Microsoft. The Majoras plan essentially
left the computer giant intact, and cut off the crucial rule of the states
in imposing more significant safeguards. The Jones, Day law firm, where
Majoras works in the government regulation/anti-trust division, represents
some of the biggest media (and media-related) companies in the country,
including: DIRECTV, General Electric Company,The Goldman Sachs Group,
Halliburton Company, Kellogg Brown & Root, Knight Ridder, Lehman Brothers
Holdings, Liberty Media Group, Merrill Lynch & Co., Procter & Gamble, R.R.
Donnelley & Sons, Thomson Multimedia S.A., Time Warner, the Tribune
Company, and the Washington Post Company.
[SOURCE: Center for Digital Democracy]
http://www.democraticmedia.org/news/washingtonwatch/majoras.html

--------------------------------------------------------------
Is it Friday already? Have a great weekend and we'll be back next week with
more on an E-rate oversight hearing, digital TV & kids, an FCC meeting,
maybe some movement on satellite TV legislation... and all those good
community networking people will be meeting in Seattle.
--------------------------------------------------------------

Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
For upcoming media policy events, see http://www.benton.org/calendar.htm
--------------------------------------------------------------

Benton's Communications-related Headlines for 6/03/04

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

MEDIA
Spectrum Return Trumps HDTV
Public Television's 'Heat Shield' Withers Under White House Pressure
Clear Channel Settles Airplay Case
Powell Says Media Leaders Should Move Quickly to Ensure Security
Kids' Activists Concerned About DTV
Russian TV Newsman Fired in Media Crackdown

TELECOM
Friction Mounts Over Phone Access Fees
Regulators Tackle Wireless Broadband Issues
McCaw Unveils Wireless Broadband Service
Let Telecom Agreements Bloom

NEW RELEASES
A Failure To Communicate: Reforming Public Policy in the=20
Telecommunications Industry
ICANN Releases Draft Whois Privacy Reports

MEDIA

SPECTRUM RETURN TRUMPS HDTV
Leaders of the House Commerce Committee Wednesday heaped praise on the=20
Federal Communications Commission's plan to accelerate the digital-TV=20
transition and the committee's chairman, Rep Joe Barton (R-TX) said that=20
government spectrum needs trumped ubiquitous high-definition television=20
(HDTV). Television station owners oppose the plan and may start to feel=20
some heat after hearing from legislators. FCC Media Bureau Chief Ken Ferree=
=20
told lawmakers that the FCC must be proactive in defining how the 85% test=
=20
will be reached or the transition won't be completed for decades. "If we=20
wait for 85% of consumers to have digital equipment in their homes, we=20
could be waiting until 2050 or beyond," he said. Perhaps surprisingly, Rep=
=20
Barton was even supportive of the FCC's plan to use a portion of proceeds=20
from auctioning analog channels to pay the $50-$100 for supplying=20
over-the-air-only TV households with a digital-to-analog converter that=20
would keep their old sets functioning, saying that the subsidy would be a=20
bargain if it speeds the creation of new wireless and other telecom=
businesses.
Communications Daily reports that Rep Barton asked, "Why shouldn't the=20
Committee just uphold the 2006 deadline and pay for converter boxes=94 for=
=20
the poor and elderly?
CEA President Gary Shapiro and FCC Media Bureau Chief Kenneth Ferree had=20
replies, but only after *conspicuous moments of silence.* [Imagine that...=
=20
in Washington, DC.] NAB President Edward Fritts said nothing.
Former FCC Commissioner Gloria Tristani encouraged Congress to require the=
=20
FCC "to take advantage of the transition to digital to reestablish=20
meaningful public interest obligations for America=92s television=20
broadcasters." Ms. Tristani, Managing Director of the Office of=20
Communication of the United Church of Christ, stressed that clearly-defined=
=20
public interest guidelines must be in place before the FCC makes decisions=
=20
on the transition from analog to digital broadcasting. "The public deserves=
=20
to know what benefits it will get from the digital largesse that has been=20
gifted to broadcasters," said Tristani. "That benefit should include=20
reasonable minimums of local civic and electoral discourse =85 and for=20
children, commensurate amounts of educational and informational=20
programming, a prohibition of commercial website links embedded in=20
children=92s programming and incorporation of children=92s privacy=
protections."
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA422817?display=3DBreaking+News
(requires subscription)
Additional coverage from:
TVWeek http://www.tvweek.com/news/web060204.html#lawmakers
WHY NOT ENFORCE 2006 DTV TRANSITION DEADLINE, BARTON ASKS
[SOURCE: Communications Daily, AUTHOR: Terry Lane]
(Not available online)
Office of Communication of the United Church of Christ Press Release
http://www.ucc.org/news/u060204.htm
Testimony of NAB President Eddie Fritts
http://www.nab.org/Newsroom/PressRel/testimonies/FrittsDTV060204.asp
Testimony of NCTA President Robert Sachs
http://www.ncta.com/pdf_files/robert_sachs_testimony_6-02-04.pdf
Testimony of Thomas M. Lenard, Senior Fellow at the Progress & Freedom=20
Foundation
http://www.pff.org/issues&pubs/communications/testimony/060204lenarddtv.pdf

PUBLIC TELEVISION'S 'HEAT SHIELD' WITHERS UNDER WHITE HOUSE PRESSURE
Pingree writes: Public broadcasting has found itself in the crosshairs of a=
=20
partisan firing squad. New and intensifying ideological pressures from the=
=20
Bush Administration have forced the public broadcaster to add new programs=
=20
and alter others, in an attempt to be "more balanced" in the view of the=20
current leadership. At a time when Americans are finding it more and more=20
difficult to get past the clutter and partisanship on commercial TV and=20
radio to find truthful sources of information about their government, this=
=20
ideological pressure may gag one of the few sources of independent,=20
substantive news and commentary that Americans can count on. We cannot let=
=20
partisans drive an ideological stake in the heart of public broadcasting.=20
At a time when media consolidation makes it more and more difficult for=20
Americans to hear diverse points of view and to be exposed to substantive,=
=20
challenging journalism, we must save public broadcasting from these=20
attempts to meddle with its editorial independence.
[SOURCE: MediaChannel, AUTHOR:Chellie Pingree, President of Common Cause]
http://www.mediachannel.org/views/dissector/affalert206.shtml

CLEAR CHANNEL SETTLES AIRPLAY CASE
Nobody in Particular Presents -- a Denver concert promoter -- and the=20
nation's largest owner of radio stations, Clear Channel, have agreed to a=20
settlement of a case brought by the promoter accusing Clear Channel of=20
violating federal and state laws by reducing airplay for recording artists=
=20
who didn't hire the company's concert promotion unit for their=20
performances. Although in April a federal judge ruled that there was=20
sufficient evidence to present the case to a jury, Nobody in Particular=20
Presents faced financial pressure to settle the case and pay some bills.=20
"Clear Channel admitted no wrongdoing in connection with the lawsuit, but=20
we are pleased to get the matter behind us," Clear Channel Executive Vice=20
President Andrew Levin said.
[SOURCE: Los Angeles Times, AUTHOR: Jeff Leeds]
http://www.latimes.com/business/printedition/la-fi-clear3jun03,1,1299584...
ry?coll=3Dla-headlines-pe-business

POWELL SAYS MEDIA LEADERS SHOULD MOVE QUICKLY TO ENSURE SECURITY
FCC Chairman Michael Powell wants the new Media Security & Reliability=20
Council to begin implementing developed the past two years to ensure news=20
and information remain available in a crisis. The Chairman suggested there=
=20
is urgency to this since a number of events this year -- major sporting=20
events, global summits, political party conventions, even the Presidential=
=20
election -- could be viewed as terrorist targets. The Council's chairman,=20
David Barrett of Hearst-Argyle TV, said an infrastructure survey by the=20
first MSRC found only 15% of radio stations, 47% of TV stations and 71% of=
=20
cable operators had a disaster recovery plan. Among those, 7% of radio=20
stations, 17% of TV stations and 58% of cable operators had rehearsed the=20
plan. Mr. Barrett said one goal is for all media to have and rehearse a=20
plan. Thomas Fitzpatrick of Giuliani Partners, who heads the Council's=20
Local Coordination Working Group, intends to develop a plan to strengthen=20
local coordination among media, government and first responders: =93For us=
to=20
be able to reach mass groups of people during a crisis, we need=94 media=20
help, Mr. Fitzpatrick said. =93To accomplish the goal of protecting people,=
=20
there has to be a tremendous public education program in place.=94=20
Newscasters should be doing research now, Chairman Powell suggested, so=20
they can provide context to what is said during press briefing aired on TV=
=20
and radio. Broadcasters and government officials also need to be prepared=20
with experts who can speak to the public on scientific issues, officials=20
said. =93You have to get scientific people that can bring it down to the=20
level that an 8th grader can understand. Otherwise, it=92s not going to=20
work,=94 a local DC official said.
[SOURCE: Communications Daily, AUTHOR: Brigitte Greenberg, Tania=20
Panczyk-Collins]
(Not available online)

KIDS' ACTIVISTS CONCERNED ABOUT DTV
Senator Sam Brownback (R-KS) and FCC Commissioners Kathleen Abernathy,=20
Michael Copps and Jonathan Adelstein will join Children Now, the American=20
Academy of Pediatrics and the American Psychological Association at a=20
half-day conference June 9 about the impact of the digital transition on=20
kids, including "intrusive interactive advertising." Heading the list of=20
topics are what new public interest obligations should be put on=20
broadcasters and the possible "adverse implications of digital TV=20
technology." There will also be a panel, moderated by CBS News' Joie Chen=20
looking at the educational and entertainment upside of digital TV.
For more information see=20
http://www.childrennow.org/media/dtv-convening/dtv-brief.pdf
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA422780?display=3DBreaking+News
(requires subscription)

RUSSIAN TV NEWSMAN FIRED IN MEDIA CRACKDOWN
In what appears to be the latest step by President Vladimir Putin in=20
tightening control over the news media as well as other areas of Russian=20
public life, a prominent TV journalist was fired and the current affairs=20
show he appeared on was canceled after the show aired an interview with the=
=20
widow of a Chechen separatist leader, Zelimkhan Yandarbiyev, who was killed=
=20
in Qatar. The interview was seen in some parts of the country, but abruptly=
=20
haled before it was aired in Moscow. "One of the best television hosts in=20
Russia and one of the best analytic and information programs have not only=
=20
been censored, they have been destroyed, which definitely indicates that we=
=20
live in a police state," the Russian PEN Center of writers, poets and=20
essayists said.
[SOURCE: New York Times, AUTHOR: Seth Mydans]
http://www.nytimes.com/2004/06/03/international/europe/03russ.html
(requires registration)
Additional coverage in:
WSJ=20
http://online.wsj.com/article/0,,SB108619315000926911,00.html?mod=3Dtoda...
s_page_one

TELECOM

FRICTION MOUNTS OVER PHONE ACCESS FEES
Access charges were created in the 1980s, when the government broke up the=
=20
AT&T monopoly. At the time, the idea of access charges was that pricey=20
long-distance calls would continue to generate money to help maintain local=
=20
networks and keep local service affordable for most people. But a lot has=20
changed in twenty years. Long-distance phone calls have become inexpensive=
=20
for many consumers and flat-rate plans don't charge by the minute. Local=20
phone carriers have proliferated, local companies sell long-distance, and=20
consumers can bypass traditional phone companies either by using wireless,=
=20
or by signing up for phone service over the Internet or with a cable=20
company. Consumers pay about one cent per minute in access fees on=20
state-to-state calls. For long-distance phone companies that must connect=20
to the local phone lines of the caller and the person being called, access=
=20
charges make up an enormous portion of expenses. They provide significant=20
revenue to the Bell companies that own most of the local phone lines on=20
which calls begin and end. The nation's largest telecommunications carriers=
=20
collectively spend an estimated $25 billion each year on fees for access to=
=20
each other's networks. Nearly everyone in the industry agrees that the=20
Byzantine maze of fees and the regulations that govern them have become=20
counterproductive and invite cheating. The rules also can't cope=20
intelligently with new technologies, such as Internet calling, critics say.=
=20
"The system is totally dysfunctional," says Scott Cleland, chief executive=
=20
of Precursor Group, a research firm in Washington, D.C. "Everybody can game=
=20
the system and there is every economic incentive to game the fees or cheat=
=20
on them."
[SOURCE: Wall Street Journal, AUTHOR: Shawn Young shawn.young( at )wsj.com and=20
Almar Latour almar.latour( at )wsj.com]
http://online.wsj.com/article/0,,SB108621672093927375,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

REGULATORS TACKLE WIRELESS BROADBAND ISSUES
At the Wireless Communications Association conference in Washington,=20
policymakers from the FCC and the National Telecommunications and=20
Information Administration spoke about promoting the emerging wireless=20
broadband industry. The regulators are trying to more efficiently manage=20
radio spectrum to encourage private companies to bring broadband to the=20
shrinking number of Americans who do not have it. The FCC has already been=
=20
working to change the allocation of spectrum and is working on a policy=20
that's productive for broadband growth. The agency is looking at=20
reallocating spectrum for broadcast television to wireless and expanding=20
bands in the 5GHz range. The FCC is expected to meet June 10 to discuss=20
reforming the 2.5GHz radio bands to 2.7GHz and making it available for=20
licensed wireless broadband use.
[SOURCE: C-Net|News.com, AUTHOR: Richard Shim]
http://news.com.com/Regulators+tackle+wireless+broadband+issues/2100-103...
5224641.html?tag=3Dnefd.top

MCCAW UNVEILS WIRELESS BROADBAND SERVICE
As expected, U.S. mobile phone industry pioneer Craig McCaw said on=20
Wednesday he was poised to launch a wireless broadband Internet service in=
=20
the United States and several other countries. McCaw's company, Clearwire=20
Inc., will target up to 20 markets by the end of next year where telephone=
=20
and cable companies have been slow to roll out wired broadband, offering=20
data downloads comparable to cable modems and basic telephone service.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DBHDM05RWHCRB2CRBAE...
Y?type=3DtechnologyNews&storyID=3D5326815
Additional coverage in:
WP http://www.washingtonpost.com/wp-dyn/articles/A10974-2004Jun2.html
(requires registration)
LATimes=20
http://www.latimes.com/business/printedition/la-fi-rup3.6jun03,1,2366488...
ry?coll=3Dla-headlines-pe-business
(requires registration)

LET TELECOM AGREEMENTS BLOOM
Randolph J. May of The Progress & Freedom Foundation, Adam Thierer of the=20
Cato Institute and James L. Gatusso of the Heritage Foundation have teamed=
=20
up on an Washington Times op-ed urging state utility commissions to avoid=20
"putting their own regulatory stamp on the freely negotiated agreements,"=20
such as those reached by Qwest with Covad and SBC with Sage Telecom. The=20
conservative policy experts fear "state public utility commissioners are=20
determined to throw roadblocks into the negotiating process, and there have=
=20
been indications the FCC may be meddling as well by, say, requesting=20
negotiation information and pressuring parties to use mediators."=20
Subjecting such agreements to state 'public interest' review would cause=20
the FCC-desired goal to fail "since the incentive to negotiate will be=20
severely diminished."
See the full op-ed at=20
http://www.washingtontimes.com/commentary/20040529-110729-2666r.htm
[SOURCE: Progress and Freedom Foundation Press Release]
http://www.pff.org/news/news/2004/060204negotiate.html
The Progress & Freedom Foundation is a think tank that studies the digital=
=20
revolution and its implications for public policy.

NEW RELEASES

A FAILURE TO COMMUNICATE: REFORMING PUBLIC POLICY IN THE TELECOMMUNICATIONS=
=20
INDUSTRY
The Telecommunications Act of 1996 has largely failed in its three-part=20
mission to decrease telephone service prices, increase service quality, and=
=20
create high-tech networks. The author explores how the Act fell short of=20
its goals and identifies some initial steps toward revitalizing the=20
telecommunications sector.
[SOURCE: Economic Policy Institute, AUTHOR: Stephen Pociask]
http://www.epinet.org/content.cfm/books_failure

ICANN RELEASES DRAFT WHOIS PRIVACY REPORTS
Three task forces at ICANN, the domain name coordination group, have=20
released for public comment reports on policy issues surrounding the Whois=
=20
database of domain name registration information. The reports examine the=20
mining of Whois domain name holder data by advertisers, privacy protections=
=20
for Whois data, and the accuracy of Whois information. CDT has called for a=
=20
balanced Whois policy that does more to protect the private information of=
=20
individuals who register domain names - an approach endorsed by one of the=
=20
task force reports.
Generic Names Supporting Organization (with links to reports):=20
http://gnso.icann.org/
More information on Domain Name Management Policy: http://www.cdt.org/dns/
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

Benton's Communications-related Headlines for 6/02/04

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. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.

MEDIA
Big Media More Willing To Cover Up Than Change
CEA To Back Ferree TV
Court Allows Public Knowledge Case Against Broadcast Flag To Move Forward
New Star on Chinese TV: Product Placements

TELECOM
Verizon Needs To Duke It Out In the Market
GAO Report on Spectrum Management

QUICKLY
Karmazin Ends a Turbulent Run at Viacom
Nielsen Offers a Compromise
McCaw Is Expected to Launch Wireless Broadband Service

MEDIA

BIG MEDIA MORE WILLING TO COVER UP THAN CHANGE
Today marks the one-year anniversary of the FCC's new media ownership
rules. Nearly three million Americans wrote letters to rule makers in
Washington protesting media consolidation, but their was little coverage of
the issue at the time nor are media outlets likely to be marking the
anniversary today. As far as Big Media is concerned, Schechter writes, the
less said about media ownership the better. In the year since the FCC's
June 2, 2003 decision, the media ownership issue is now languishing in the
federal courts in a little-covered case brought against the FCC by
low-power radio activists of the Prometheus Radio Project. The U.S. Court
of Appeals in Philadelphia is weighing arguments from the media companies
that largely supported the sweeping ownership rules changes passed in June
2003, and consumer advocacy groups that successfully sued to stop the rules
from being enacted. Media reformers are watching and waiting for a ruling -
expected sometime this summer -- with the hope that the right (or wrong)
decision will recharge their campaign against big media owners. In the
interim, Congress negotiated a compromise that will allow broadcasters to
own up 39% of media outlets in a local market, not the 45% they wanted, nor
the 35% cap that was previously in place. More attention must be paid to
the small aggregation of groups working behind the scenes and under the big
media radar to keep media reform on the political map. This coalition
includes groups such as Free Press, Common Cause, MediaChannel.org, the
Center for Digital Democracy, the Media Access Project, the Alliance for
Better Campaigns, the New America Foundation, and the Center for Creative
Voices in Media. These groups joined in April to combine policy work in
Washington with grassroots activism and outreach across the country to give
in 2004 shape to a movement that was sparked by citizens one year ago, today.
[SOURCE: MediaChannel, AUTHOR: Danny Schechter]
http://www.mediachannel.org/views/dissector/affalert205.shtml

CEA TO BACK FERREE TV
At a House Subcommittee on Telecommunications and the Internet hearing
scheduled for 10am this morning, the Consumer Electronics Association (CEA)
is expected to support the plan being developed by the FCC Media Bureau
Chief Ken Ferree to accelerate the transition to digital-only TV
broadcasting in the US. The proposal would count all cable subscribers as
digitally served by local broadcasters, even if they don't have a digital
set and their only access to local station's digital broadcasts are cable
signals that have been "downconverted" to analog. The CEA will back the
plan, which broadcasters object to, if the FCC sets a deadline for making
cable stop downconverting and begin transmitting broadcast high-definition
pictures and other digital features. Also, cable would have to transmit all
V-Chip, Spanish language and other program-related side information that
accompanies the primary TV picture and audio.
The hearing will be Webcasted... point your browser to
http://energycommerce.house.gov/108/Hearings/06022004hearing1289/hearing...
Witness to include: Mr. Ferree, National Association of Broadcasters
President Edward Fritts, National Cable and Telecommunications Association
President Robert Sachs, Richard DalBello of the Satellite Broadcasting and
Communications Association (SBCA), CEA President Gary Shapiro, the United
Church of Christ's Gloria Tristani, and Thomas Lenard of the Progress &
Freedom Foundation.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA422624?display=Breaking+News
(requires subscription)

COURT ALLOWS PUBLIC KNOWLEDGE CASE AGAINST BROADCAST FLAG TO MOVE FORWARD
Public Knowledge and its allies fighting the FCC's broadcast flag won a key
procedural victory when the U.S. Appeals Court for the D.C. Circuit turned
down the FCC's request to prevent the case from moving forward pending
agency action. The lawsuit challenging the content control broadcast flag,
filed Jan. 30, argues that the FCC does not have jurisdiction to impose
design requirements on consumer electronics devices, and even if it did
have the authority, there is no problem with "indiscriminate distribution"
of digital TV signals. In response, the FCC asked the Court March 3 to hold
off any action on the case, saying the administrative process for
completing consideration of the broadcast flag was not yet complete because
petitions for reconsideration were still being considered at the agency.
Public Knowledge and others responded on March 15 that the Court should
turn down the FCC's request because the reconsideration phase of the FCC
proceeding is based on the assumption that the FCC has the power under the
Communications Act to proceed with the broadcast flag. The lawsuit brought
by the coalition of consumer groups and libraries disagreed with that
premise when it challenged the FCC's fundamental authority. "This decision
is important because requests like the one the FCC filed are rarely turned
down," Public Knowledge President Gigi Sohn said. "Had the court decision
gone the other way, the broadcast flag would have become the television
standard regardless of the ultimate outcome of the case."
Public Knowledge is a public-interest advocacy and education organization
that seeks to promote a balanced approach to intellectual property law and
technology policy that reflects the "cultural bargain" intended by the
framers of the constitution.
[SOURCE: Public Knowledge Press Release]
(http://www.publicknowledge.org/)

NEW STAR ON CHINESE TV: PRODUCT PLACEMENTS
Although the government owns the airwaves in China, the biggest names in
television in the country are American advertisers who produce and brand
programming that often stars the products being sold. Much of this
programming is made available to the TV stations for free. Some of the
smaller players among China's 1,150 state-owned broadcasters are being
squeezed by their provincial-government owners to turn a profit. But they
lack the ratings to raise their ad rates. That's why free programming looks
attractive. Marketers and the media-buying companies that represent them
buy or produce shows containing product placements or ads, and swap it with
broadcasters in exchange for a block of program time and the ad space
around it. Sometimes, the stations keep a portion of the ad slots during
the shows, or share in the profit from the programs. And they hope that the
shows boost the stations' popularity.
[SOURCE: Wall Street Journal, AUTHOR: Geoffrey A. Fowler
geoffrey.fowler( at )wsj.com]
http://online.wsj.com/article/0,,SB108613261058126385,00.html?mod=todays...
(requires subscription)

TELECOM

VERIZON NEEDS TO DUKE IT OUT IN THE MARKET
Pearlstein's column opens: "Everyone knows the Washington game involves
negotiating hard, stretching the truth a bit, buying access and making
selective use of litigation. But one company, Verizon Communications, has
decided to take this all to a disturbing extreme, engaging in a
scorched-earth strategy that runs roughshod over the unwritten rules of the
game." The article then points to Verizon's history of opening its network
to competitors, the company's performance during this past weekend's
negotiations at the FCC, how it walked away from talks aimed at breaking an
impasse over the fees phone companies pay each other for completing each
other's calls, its campaign against MCI/Worldcom, and how it apparently
scuttled the Nextel "consensus" plan. Pearlstein concludes: "Rather than
playing the role of the old regulated monopoly, scheming endlessly to
eliminate rivals and tilt the rules in its favor, maybe Verizon could
concentrate on trying to compete the way companies in most other industries
do -- by offering better products and services at more competitive prices."
[SOURCE: Washington Post, AUTHOR: Steven Pearlstein pearlsteins( at )washpost.com]
http://www.washingtonpost.com/wp-dyn/articles/A8273-2004Jun1.html
(requires registration)

GAO REPORT ON SPECTRUM MANAGEMENT
Recent advances in technologies that rely on the use of the radio-frequency
spectrum have made cellular telephones, wireless computer networks, global
positioning system receivers, and other spectrum-dependent technologies a
part of everyday life. Further, these technologies have become critical to
a variety of government missions, including homeland security and strategic
warfare. But these new uses have also increased demand for spectrum raising
debates about how best to use this increasingly scarce resource. The GAO
was asked to investigate the investments in spectrum efficient technologies
by government agencies as well look at how the country's spectrum
management system affect the development and adoption of these
technologies. The GAO recommends that the NTIA and the FCC jointly: 1)
assess and determine the feasibility of redefining the spectrum allocation
system to build in greater flexibility where appropriate to facilitate
emerging technologies; 2) develop and implement plans to gain a more
thorough and on-going understanding of the current spectrum environment;
and 3) strengthen efforts to develop jointly accepted models and
methodologies to assess the impact of new technologies on overall spectrum
use and increase opportunities to permit testing of those technologies. In
addition the GAO recommends that the NTIA: 4) establish guidance for
agencies to determine and report their future spectrum requirements; 5)
strengthen NTIA's spectrum certification process to more directly address
spectrum efficiency; and 6) determine approaches, where appropriate, for
providing incentives to agencies to use spectrum more efficiently and then
pilot and measure the effectiveness of those approaches.
Prepare now for your next trip to the beach... visit the URL and print a
copy of this page-turner for your very own self.
Spectrum Management: Better Knowledge Needed to Take Advantage of
Technologies That May Improve Spectrum Efficiency
[SOURCE: General Accounting Office]
http://www.gao.gov/cgi-bin/getrpt?GAO-04-666

QUICKLY

KARMAZIN ENDS A TURBULENT RUN AT VIACOM
Mel Karmazin stepped down as president of Viacom, providing a coda to the
four-year, tension-filled partnership between him and Sumner Redstone.
[SOURCE: New York Times]
http://www.nytimes.com/2004/06/02/business/media/02viacom.html
What Does it Mean for Howard Stern?
http://www.nytimes.com/2004/06/02/business/media/02radio.html
Mel Karmazin was the main defender of Howard Stern... will his departure
quicken Mr. Stern's move to satelitte radio where he will be free of FCC
indecency enforcement?
(requires registration)
WSJ:
http://online.wsj.com/article/0,,SB108609175830525666,00.html?mod=todays...
http://online.wsj.com/article/0,,SB108613538882026449,00.html?mod=todays...
http://online.wsj.com/article/0,,SB108614046712326577,00.html?mod=todays...
WP: http://www.washingtonpost.com/wp-dyn/articles/A8039-2004Jun1.html
LATimes:
http://www.latimes.com/news/printedition/front/la-fi-karmazin2jun02,1,21...
http://www.latimes.com/business/printedition/la-fi-stern2jun02,1,695992....
Also:
MEDIA FIRMS WILL NEED MOGULS WHO CAN SUCCEED
[SOURCE: Los Angeles Times, AUTHOR: Meg James & Richard Verrier]
http://www.latimes.com/business/printedition/la-fi-replace2jun02,1,72795...

NIELSEN OFFERS A COMPROMISE
Nielsen announced that it would continue to operate the current system of
measuring ratings in New York for the next three months as it proceeds to
adopt electronic measurement devices known as local people meters, which
have been used nationally to measure ratings since 1987. During the three
months through Sept. 3, Nielsen said, stations and agencies may use the New
York ratings data - generated by either the local people meters or by the
current system, which combines people meters with paper diaries that
viewers fill out by hand. The data helps to set advertising rates and make
programming decisions.
[SOURCE: New York Times, AUTHOR: Stuart Elliott]
http://www.nytimes.com/2004/06/02/business/media/02adco.html
(requires registration)

MCCAW IS EXPECTED TO LAUNCH WIRELESS BROADBAND SERVICE
Speaking at the Wireless Communications Association International
conference today, wireless entrepreneur Craig McCaw is expected to announce
today that he is launching a national wireless broadband service to compete
with the high-speed Internet access offered by cable operators and
telephone companies.
[SOURCE: Wall Street Journal, AUTHOR: Jesse Drucker jesse.drucker( at )wsj.com]
http://online.wsj.com/article/0,,SB108613344367926390,00.html?mod=todays...
(requires subscription)
Also coverage in Reuters:
http://www.reuters.com/newsArticle.jhtml;jsessionid=KWMR0DGX2B410CRBAEOC...
--------------------------------------------------------------

Benton's Communications-related Headlines for 6/01/04

The DTV transition, FTC and Commerce Department nominations, Satellite Home=
=20
Viewer Extension and Reauthorization Act... Congress is back and you're=20
going to be in trouble. Hey la, hey la, our Congress is back.
For these and other upcoming media policy events (we promise to NOT sing=20
about them), see http://www.benton.org/calendar.htm

Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.

TELECOM
Could Telephone Rates Become a Campaign Issue?
Phony Federalists
Qwest and MCI Set Lease Rates For Local Service
Bells Loosen Their Grip

MEDIA
XM Asks Subscribers to help Petition the FCC, Congress
Political Payoffs
Congress and FCC Take Aim
Hill Pushes Narrated TV For Blind
FCC Begins EEO Audits
Cable Gears up for Digital-ready TV Sets

QUICKLY
Public Voice WSIS Sourcebook
Truckers Warm to Wireless Hot Spots

TELECOM

COULD TELEPHONE RATES BECOME A CAMPAIGN ISSUE?
Gas, milk and... local telephone service? Washington insiders are wondering=
=20
if and when someone will pull the trigger linking the Bush Administration=20
to rising prices. Even though many people can't even understand their phone=
=20
bills, a decision by the Bush Administration to not seek a Supreme Court=20
review of an appeals court ruling on phone network leasing rates could,=20
well, decide the election. In the eyes of Blair Levin, an analyst at=20
investment firm Legg Mason, the issue has the potential to sway the=20
presidential race in four closely contested states: Ohio, Florida,=20
Pennsylvania and Michigan. Thanks to aggressive state regulation, Ohio and=
=20
Michigan consumers have seen telecom competition flourish and phone bills=20
shrink. Therefore, Levin said, any rate increases might influence their=20
vote for president. Similarly, the recent public outcry in Florida over a=20
proposed rate hike might inflame voters again. With a close election=20
predicted, a swing of 10,000 to 20,000 voters in any one of the four states=
=20
might be enough to determine the election, Mr. Levin said. "It's not clear=
=20
the Bush administration controls gas prices," he said, "but one could argue=
=20
that they have more control over phone rates." A trade group representing=20
Bell competitors called CompTel/ASCENT is "seriously thinking" about an ad=
=20
blitz on phone rates as is AARP, a nonprofit advocacy organization for=20
people 50 and older.
[SOURCE: Los Angeles Times, AUTHOR:Jube Shiver Jr]
http://www.latimes.com/business/printedition/la-fi-presphone1jun01,1,665...
.story?coll=3Dla-headlines-pe-business

PHONY FEDERALISTS
This op-ed strongly supports FCC Chairman Michael Powell's stand on=20
(de)regulating the rates telephone companies charge competitors to lease=20
parts of their networks. Over Chairman Powell's objections, the FCC adopted=
=20
rules allowing states to set those rates, but a federal court found the=20
rules to be "lawless," the authors write. They ask that the FCC and=20
Solicitor General Theodore Olson not seek Supreme Court review of a March 2=
=20
decision by the U.S. Court of Appeals in Washington, D.C.: "The appeals=20
court decision should stand. Deregulation works, recent history proves it,=
=20
and a proper understanding of the principle known as federalism supports=20
it." They conclude: "This is more than a communications industry issue. It=
=20
is part of a much larger argument over the proper role of states in the=20
regulatory process, and how to limit government interference in competitive=
=20
markets. Federalism is a treasured principle that is crucial for=20
maintaining balance between competing governmental powers, and for=20
fostering a dynamic economic environment. Properly applied, it can open the=
=20
American economy to a new birth of growth -- growth in new learning tools=20
for schools and universities; growth in access to the very best medical=20
consultation for people in remote areas as well as in big cities; growth in=
=20
new technologies as we harness the greater bandwidth to the greater dreams=
=20
of inventors and entrepreneurs; growth that benefits every worker and=20
family in our nation. The real federalism we speak of increases freedom --=
=20
and with it the fruits of freedom."
[SOURCE: Wall Street Journal, AUTHORS: John Engler, the former governor of=
=20
Michigan (1991-2003), C. Boyden Gray, former counselor to the President's=20
Task Force on Regulatory Relief (1981-1989), and Kenneth Starr, the=20
incoming dean of the Pepperdine Law School.]
http://online.wsj.com/article/0,,SB108605009909825376,00.html?mod=3Dtoda...
s_opinion
(requires subscription)
Mr. Starr will be speaking tomorrow on "The Supreme Court and the Future of=
=20
the Telecom Act of 1996." See=20
http://www.pff.org/news/news/2004/052704starr.html for details.

QWEST AND MCI SET LEASE RATES FOR LOCAL SERVICE
Instead of heading to the family BBQ, representatives of the nation's=20
largest phone companies were requested by FCC officials to spend the=20
holiday weekend at the Commission's Washington, DC headquarters negotiating=
=20
network lease rates. The FCC was hoping for a negotiated solution to the=20
leasing dispute -- instead of sending the matter back to the courts. The=20
results were mixed. AT&T called the talks a failure. But Qwest and MCI=20
signed a pact outlining a series of wholesale rates Qwest will charge MCI=20
to lease its network to offer local phone service to consumers and=20
businesses, overriding rates set by regulators. The deal calls for existing=
=20
prices through the end of this year, followed by a transition period=20
through January 2007. The two companies say there will be price increases=20
at scheduled points throughout the transition period. During the transition=
=20
period, MCI may develop more of its own means to deliver local phone=20
service by building its own telecom hubs.
[SOURCE: Wall Street Journal, AUTHOR: Almar Latour almar.latour( at )wsj.com]
http://online.wsj.com/article/0,,SB108604238029125198,00.html?mod=3Dtoda...
s_page_one
(requires subscription)
WP: http://www.washingtonpost.com/wp-dyn/articles/A5137-2004May31.html
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-phones1jun01,1,779114...
ory?coll=3Dla-headlines-pe-business

BELLS LOOSEN THEIR GRIP
Last week's admission that Verizon is selling "naked DSL" to some customers=
=20
is the jumping off point for this discussion on the business strategies of=
=20
the four Baby Bell companies. Allowing customers to buy high-speed Internet=
=20
access without requiring them to also purchase local phone service is a big=
=20
move for the Bells who are trying to match the bundle of services offered=20
by cable companies. The Bells are servicing fewer and fewer local phone=20
lines and they are trying to find new models of profitability as that trend=
=20
is expected to consider: people are choosing cell phone service over=20
landline service for second telephone lines, 30% of consumers are expected=
=20
to make the jump to cell phone-only service in the next four years AND=20
there's this whole VoIP thing to worry about, too. What's a local monopoly=
=20
to do?
[SOURCE: C-Net|News.com, AUTHOR: Ben Charny]
http://news.com.com/Bells+loosen+their+grip/2100-1034_3-5222816.html?tag...
efd.top

MEDIA

XM ASKS SUBSCRIBERS TO HELP PETITION THE FCC, CONGRESS
Comments are due Friday on a National Association of Broadcasters petition=
=20
asking the FCC to clarify that satellite radio can be only national and not=
=20
offer local weather and traffic to subscribers. In addition, legislation=20
also has been introduced in the House to prohibit local broadcasting by=20
satellite. To ward off these efforts by the National Association of=20
Broadcasters, XM radio is asking subscribers to contact the FCC and their=20
Members of Congress in support of the company. "NAB=92s preference is that=
we=20
not have dedicated channels for different metro areas. What that amounts to=
=20
is regulating speech and content and that=92s a First Amendment issue and=
not for
NAB to decide," a XM spokesperson said.
[SOURCE: Communications Daily, AUTHOR: Jeanene Timberlake]
(Not available online)

POLITICAL PAYOFFS
Early results of the 2004 election have identified clear winners: TV=20
stations. Network affiliates in the 21 battleground states could see=20
double-digit increases in political revenue, compared with this point in=20
2000. Industry analysts predicted last fall that stations' take from this=20
year's election would jump sharply=9760% from 2000=97to as high as $1.6=20
billion. But pundits seem surprised that so much has been spent so quickly.=
=20
"The money is much greater than before and being spent much earlier," says=
=20
Tim McAuliff, CEO of Petry Media, which links TV-station groups with the=20
campaigns and other buyers of ad time. Cable is likely to pick up steam as=
=20
the campaigns become more desperate to reach that crucial 4% of undecided=20
voters who will determine the election's outcome. Broadcasters will=20
continue to reap a windfall as candidates sustain a full-court press. In=20
addition, the controversial 527 nonprofit organizations have promised to=20
spend hundreds of millions. They have barely made a dent in the money=20
pledged to them. Says Sanford Bernstein & Co. analyst Tom Wolzien, "The=20
cost per thousand to reach the three voters who decide this election is=20
astronomical."
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA421960?display=3DWashington
(requires subscription)
USAToday is reporting on George Soros' efforts to defeat George Bush. His=20
money will buy a lot of political advertising.
[SOURCE: USAToday, AUTHOR: Rick Hampson]
http://www.usatoday.com/usatonline/20040601/6248227s.htm
http://www.usatoday.com/usatonline/20040601/6248221s.htm

CONGRESS AND FCC TAKE AIM
Although indecent broadcast content has grabbed most of the headlines this=
=20
year -- at least after the Super Bowl -- violence on TV may be the next=20
election year issue. "It is not harmless entertainment," complains Sen Joe=
=20
Lieberman, a longtime critic of TV violence. To finally put a muzzle on it,=
=20
the Connecticut Democrat is pushing legislation that would require the=20
National Institutes of Health to study the impact of TV violence and other=
=20
types of media exposure on children's development. His purpose is clear:=20
Data showing any link between exposure to violent shows and aggressive=20
behavior in children will be fuel to drive anti-violence restrictions=20
through. Some legislators would like to see the return of a family-friendly=
=20
prime time viewing period that would lack violent or indecent content. The=
=20
FCC will begin an examination into TV-violence that will focus on whether=20
the government can limit violent programs without violating free-speech=20
rights. If those constitutional issues can be resolved, then the FCC must=20
decide how tough the limits should be. The biggest quandary over regulating=
=20
TV violence is actually defining what "excessive" violence is. Privately,=20
Washington lobbyists are playing down chances of any crackdown passing=20
Congress or the FCC soon. In public, however, they're scrambling to show=20
that the issue is taken seriously.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA422019?display=3DSpecial+Report
(requires subscription)

HILL PUSHES NARRATED TV FOR BLIND
Rep Ed Markey (MA), the House Telecommunications Subcommittee=92s top=20
Democrat, along with John McCain (AZ) and Ernest Hollings (SC) -- the=20
chairman and ranking Democrat, respectively, of the Senate Commerce=20
Committee -- have introduced legislation giving the FCC power to reinstate=
=20
its rules requiring narration of some prime time and children=92s=
programming=20
on broadcast and cable TV. The rules were adopted in 2000, but broadcasters=
=20
sued and a court ruled that the FCC was authorized by Congress only to=20
study whether a narration mandate would benefit the blind, not to actually=
=20
impose one.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA421799?display=3DBreaking+News
(requires subscription)

FCC BEGINS EEO AUDITS
On May 28, 2004, the Federal Communications Commission (FCC) began mailing=
=20
the first of its Equal Employment Opportunity (EEO) audit letters to=20
randomly selected broadcast stations and multi-channel video program=20
distributors (MVPDs). In accordance with the Commission's EEO rules, the=20
FCC will audit the EEO programs of randomly selected broadcast licensees=20
and MVPDs. Each year, approximately 5% of all licensees and MVPDs will be=
=20
selected. Sample copies of the audit letters can be viewed by accessing the=
=20
Media Bureau's EEO page on the FCC website at=20
http://www.fcc.gov/mb/policy/eeo. A list of the stations and MVPDs to=20
which this group of letters were sent is also available on the=20
website. Audit letters will be mailed to additional broadcast licensees=20
and MVPDs at a later date, although the language in the letters will not=20
necessarily remain the same.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1536A1.doc

CABLE GEARS UP FOR DIGITAL-READY TV SETS
On July 1, the FCC will begin to require that cable TV systems be able to=20
handle a new generation of digital cable-ready TVs and home theater units.=
=20
The new gear can tune in digital and high-definition TV signals without a=20
cable system's proprietary set-top box. Beyond cable-ready TVs, the change=
=20
will make possible a range of new product choices to meet consumers' needs.=
=20
For example, if the box your operator offers lacks a connection for your=20
digital-video recorder, you can buy a different box that does -- or buy a=20
new DVR with a card slot and its own tuner. CableCard's "convenience is a=20
powerful tool to sell digital cable" packages that add about $10 to the=20
monthly bill, says In-Stat/MDR analyst Gerry Kaufhold. It will help cable=20
compete with satellite providers: "Nobody's coming out with a=20
satellite-ready TV."
[SOURCE: USAToday, AUTHOR:David Lieberman]
http://www.usatoday.com/usatonline/20040601/6248466s.htm
More on the DTV transition will be discussed at a House hearing this week.=
=20
See=20
http://energycommerce.house.gov/108/Hearings/06022004hearing1289/hearing...

QUICKLY

PUBLIC VOICE WSIS SOURCEBOOK
EPIC has published The Public Voice WSIS Sourcebook, a resource to promote=
=20
a dialogue on the issues, the outcomes, and the process of the World Summit=
=20
on the Information Society (WSIS). This reference guide provides the=20
official United Nations documents, regional and issue-oriented=20
perspectives, as well as recommendations and proposals for future action.=20
There is also a useful list of resources and contacts for individuals and=20
organizations that wish to become more involved in the WSIS process. For=20
more information about this and other EPIC publications, see the EPIC=20
Bookstore. The Public Voice is a project started by EPIC to promote the=20
involvement of the public and non-profit community in policy decisions=20
concerning the Internet.
[SOURCE: Electronic Privacy Information Center]
http://www.epic.org/bookstore/pvsourcebook/

TRUCKERS WARM TO WIRELESS HOT SPOTS
Citizens' band radios, cell phones, GPS... and now Wi-Fi Internet access.=20
Truckers always appear to be on the cutting edge of wireless communication.=
=20
Find out how these mobile workers are tapping into the Internet at the URL=
=20
below.
[SOURCE: Washington Post, AUTHOR: Kimberly Edds]
http://www.washingtonpost.com/wp-dyn/articles/A4786-2004May31.html
(requires registration)
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/28/04

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

TELEVISION/RADIO
FCC Seeks TV's Have-Nots
Safety Officers Want Channels
McCain: Can FCC Order a la Carte Now?
Advertising: Bringing Young Men Back to TV
How Public Is Public Radio?: A Study of NPR's Guestlist
Media and Homeland Security

TELECOM
After 20 Years, Baby Bells Face Some Grown-Up Competition
PUC Gives Protections to Wireless Consumers
U.S. Lawmaker Seeks Hearings on Cellphone Directory
Net Phone Company's Answer to 911

INTERNET
NEC Unit Pays $20.6 Million Fine in Fraud Case
California Senate Votes to Restrict Google's Gmail

TELEVISION/RADIO

FCC SEEKS TV'S HAVE-NOTS
Who are those wacky Americans who don't subscribe to pay-TV services from
cable or satellite operators? Don't they know it is unAmerican to get
something for free when you can be overcharged for it? The FCC is asking
the first and many other questions in order to figure out who is most
likely to be disrupted by the turnoff of analog TV broadcasts when 85% of
households in local markets are receiving digital signals. The FCC is
trying accelerate the day of digital-only broadcasts by counting pay-TV
subscribers who receive a digital signal converted to analog as part of the
85%. Comments are due July 12, and reply comments (further reactions to the
initial comments) Aug. 5. The House Telecommunications Subcommittee is
holding a hearing June 2 on the FCC's plan.
See a link to the FCC's questions below. For additional info, contact the
most helpful Rick Chessen of the FCC's Media Bureau at (202) 418-7200.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA421607?display=Breaking+News
(requires subscription)
MEDIA BUREAU SEEKS COMMENT ON OVER-THE-AIR BROADCAST TELEVISION VIEWERS
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1497A1.doc

SAFETY OFFICERS WANT CHANNELS
The Association of Public-Safety Communications Officials (APCO) wrote a
letter to House Telecommunications Subcommittee Chairman Fred Upton
Thursday in advance of his hearing June 2 on an FCC plan to speed the
digital TV transition. APCO wants Congress to mandate a hard Dec. 31,
2006, give-back date for any TV channels, especially the "block" of public
safety allocations occupied TV channels 63-63, 68, and 69 today. APCO
supports the so-called Ferree plan -- the subject of the House hearing --
which will redefine DTV-capable as those also receiving a DTV signal
converted to analog. That would greatly expand the definition and
effectively move up the date. That plan now targets Jan. 1, 2009, as a
realistic giveback date, though obviously APCO wants the public safety
channels back sooner.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA421532?display=Breaking+News
(requires subscription)

MCCAIN: CAN FCC ORDER A LA CARTE NOW?
On May 19, Senate Commerce Chairman John McCain (R-AZ) wrote FCC Chairman
Michael Powell asking him to determine whether the Commission currently has
the authority to ensure that consumers have a la carte access to cable and
satellite programming. "I am writing to ask you to explore all available
options within your authority to promote a la carte cable and satellite
offerings as soon as possible where such offerings would benefit
consumers," wrote Sen McCain. Noting that Canadian cable companies provide
their consumers with a la carte options, Sen McCain wrote, "I urge the
[FCC] to probe the options available to Canadian consumers and examine why
such options are not available to American consumers." Sen McCain closed
the letter to Powell by bemoaning the fact that cable companies won't even
experiment with a la carte.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA421608?display=Breaking+News
(requires subscription)

ADVERTISING: BRINGING YOUNG MEN BACK TO TV
They're back! Those hard to reach (for advertisers, at least) young men,
suspiciously missing at the beginning of the TV season, are back watching
TV. "The missing young men story doesn't quite exist any more," said Jeff
Zucker, president of the NBC Universal Television Group, part of NBC
Universal. He pointed particularly to Nielsen data showing that in
prime-time viewership of programming on the four biggest broadcast networks
in May, "men 18 to 34 were down the least of all the male demographic
groups," declining 2% compared with men ages 35 to 49, down 3%, and men 50
and older, down 4%. But since viewership of men between 18 and 34 was down
some 12% earlier in the TV season, where did they go? Could these guys have
finally gotten a life? Probably they are playing video games, sharing music
files, going online and watching DVD's. Or they may have just shifted their
viewing time. Several networks, broadcast and cable, have reported that
programs shown during 11pm-1am - and even later - are drawing larger
audiences than in previous years. The TV networks will try to lure these
viewers with more "reality" programming next season.
[SOURCE: New York Times, AUTHOR: Stuart Elliot]
http://www.nytimes.com/2004/05/28/business/media/28adco.html
(requires registration)

HOW PUBLIC IS PUBLIC RADIO?: A STUDY OF NPR'S GUESTLIST
National Public Radio, though founded as an alternative media outlet that
would "speak with many voices," relies on largely the same range of sources
that dominate mainstream commercial news, a new FAIR study has
found. Characterized by conservative critics as "liberal" radio, NPR has
more Republican than Democratic voices, and male sources outnumber female
sources by nearly four to one. Nine of the top 10 most-frequently used
sources on NPR were white male
government officials. (Secretary of State Colin Powell was the one
exception.) The top seven sources were all Republicans. FAIR's study looked
at every on-air source quoted in June 2003 on NPR's four main news shows:
All Things Considered, Morning Edition, Weekend Edition Saturday and
Weekend Edition Sunday. Think tank sources and regular commentators were
analyzed over a four-month period. Results were compared to those from a
1993 FAIR study of NPR sources.
[SOURCE: Fairness and Accuracy in Reporting, AUTHORS: Steve Rendall and
Daniel Butterworth]
http://www.fair.org/extra/0405/npr-study.html

MEDIA AND HOMELAND SECURITY
The Federal Communications Commission and the Department of Homeland
Security (DHS) will co-sponsor a public forum on Wednesday, June 2, to
examine how the relationship between local media and government can be
strengthened to support local market operational readiness to cope with
terrorist attacks, natural disasters or other similar occurrences. The
forum will address means of fostering coordination between local government
and media before an emergency occurs, media awareness of service
vulnerabilities, and plans for restoration of service to community,
including the special needs of disability communities. The event will take
place from 10:45 a.m. - 1:30 p.m., immediately following the meeting of the
Commission's Media Security and Reliability Council (MSRC), at the Federal
Communications Commission, in the Commission Meeting Room at 445 12th
Street, S.W., Washington, D.C.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247692A1.doc

TELECOM

AFTER 20 YEARS, BABY BELLS FACE SOME GROWN-UP COMPETITION
Originally seven in number, the Baby Bells merged into four giants:
Verizon, SBC, BellSouth and Qwest. These companies, once safe, local
monopolies, are starting to feel the heat of competition. At home,
consumers are likely to hear pitches from cable-television companies,
Internet telephone companies, long-distance providers and any other
business that thinks it can grab a piece of the Baby Bells' pie. And the
Bells have even started to compete against themselves, trying to offer
services to the largest commercial clients in other regions. For Verizon,
the competition from wireless and Internet-based services has meant an
overall loss in wireline phone accounts. The company is looking to reduce
costs by automating and cutting jobs -- and offer new services to current
consumers (like DSL and satellite TV).
[SOURCE: Wall Street Journal, AUTHOR: Almar Latour almar.latour( at )wsj.com ]
http://online.wsj.com/article/0,,SB108569367012423348,00.html?mod=todays...
(requires subscription)

PUC GIVES PROTECTIONS TO WIRELESS CONSUMERS
The California Public Utilities Commission on Thursday approved the
nation's first "bill of rights" for cell phone consumers. Among other
things, the rules provide a 30-day trial period allowing customers to test
products and calling plans and to return them without paying penalties. The
rules also require clearly organized billing, specific disclosures, and
writing that is unambiguous and in a minimum 10-point type size. Deceptive,
untrue and misleading marketing is prohibited. The rules adopted were a
compromise that left many people unhappy. Wireless carriers say he rules
are unnecessary and may challenge them at the FCC or in court. Consumer
activists believe the rules don't go far enough. And the Governor.... "The
PUC has an important role to protect consumers by creating a regulatory
structure that produces the highest level of service at the lowest possible
price," Gov Schwarzenegger said. "These regulations fail on all of these
accounts." He predicted that the attempt to protect consumers would have
the "unfortunate consequence of increasing litigation, growing a
bureaucracy, raising rates and costing consumers." The FCC already is
considering preempting some of the rules that may infringe on that agency's
right to regulate rates.
See a Press Release from the CA PUC at
http://www.cpuc.ca.gov/PUBLISHED/NEWS_RELEASE/36910.htm
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-puc28may28,1,242906.s...
See a response from consumer advocates:
CALIFORNIA PUBLIC UTILITIES COMMISSION PASSES FIRST BILL OF RIGHTS FOR CELL
PHONE USERS
[SOURCE: Consumers Union Press Release]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001153.html...
Also:
WIRELESS INDUSTRY TO CHALLENGE COUNTERPRODUCTIVE CPUC RULES
http://www.ctia.org/news_media/press/body.cfm?record_id=1407
SJMerc:
http://www.mercurynews.com/mld/mercurynews/business/technology/8781981.htm
Contra Costa Times:
http://www.contracostatimes.com/mld/cctimes/news/breaking_news/8775917.htm

U.S. LAWMAKER SEEKS HEARINGS ON CELLPHONE DIRECTORY
The Cellular Telecommunications and Internet Association. is assembling a
cellphone directory that would list as many as 75% of the nation's 163
million mobile phone users. Privacy advocates worry that the directory will
make mobile phone users vulnerable to telemarketers and e-mail spam. Rep
Joseph Pitts (R-PA) on Thursday called for congressional hearings into the
matter.
[SOURCE: Los Angeles Times, AUTHOR:Jube Shiver Jr]
http://www.latimes.com/business/printedition/la-fi-pitts28may28,1,222515...

NET PHONE COMPANY'S ANSWER TO 911
The FCC has said it wants to apply only a light regulatory touch to
Internet telephone services (VoIP), but one area of concern is how to
locate people making emergency 911 calls. The nature of Internet phoning
means that people can make or receive calls at the same phone number
regardless of where they are in the world. VoIP Inc., a Fort Lauderdale,
Fla.-based maker of hardware and applications for placing phone calls over
the Internet, said Thursday that it has a U.S. patent pending for
technology to redirect such 911 calls back to copper landlines to be picked
up by traditional emergency systems. CEO Steven Ivester believes VoIP Inc's
"low-tech" approach will provides a quick fix for the emergency-tracking
problem, allowing VoIP carriers to begin offering new services more
quickly, especially since the package of hardware and software has already
been approved by the FCC. In addition to routing 911 and other emergency
calls to landlines, the VoIP Inc. device also promises to provide a
fail-safe mechanism for handling calls during a power failure--an event
that can disable many existing VoIP phones.
[SOURCE: C-Net|News.com, AUTHOR: Matt Hines]
http://news.com.com/Net+phone+company%27s+answer+to+911/2100-7352_3-5221...

INTERNET

NEC UNIT PAYS $20.6 MILLION FINE IN FRAUD CASE
NEC-Business Network Solutions, a subsidiary of Japanese chip and
electronics maker NEC Corp, has agreed to plead guilty and pay $20.6
million criminal fine to settle charges of defrauding the E-Rate program.
The company was charged with collusion and wire fraud by allocating
contracts and rigging bids for E-Rate projects at five school districts in
Michigan, Wisconsin, Arkansas, and South Carolina. As part of NEC's plea
agreement, it will continue cooperating with the government's ongoing
investigation into the E-Rate program.
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=DBWUHC2IFBZA0CRBAEZS...
NEC UNIT ADMITS IT DEFRAUDED SCHOOLS
[SOURCE: New York Times, AUTHOR: Matt Richtel & Gary Rivlin]
http://www.nytimes.com/2004/05/28/technology/28net.html
(requires registration)

CALIFORNIA SENATE VOTES TO RESTRICT GOOGLE'S GMAIL
Google's Gmail service, which will be supported by advertising and free for
users when it launches for the public, is currently in beta testing. Google
intended the service to scan e-mail for key words and concepts and use them
to place targeted advertisements in personal messages. But the California
Senate Thursday passed a bill introduced by State Sen. Liz Figueroa
(D-Fremont) that would require Gmail to work only in real-time and would
bar the service from producing records. The bill also would bar Gmail form
collecting personal information from e-mails and giving any information to
third parties. The bill now goes to California's Assembly.
"Google has worked in good faith with Senator Figueroa and her staff to
address her concerns about privacy and online communications," the company
wrote. "We believe we have reached conceptual agreement on most of the key
points, but we have not yet reached agreement on all the details. As is the
norm in the legislative process, work still remains on the specific
language of the bill."
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=4FMXM1FVLEVZ2CRBAEKS...
CALIFORNIA SENATE APPROVES ANTI-GMAIL BILL
[SOURCE: New.com, AUTHOR: Evan Hansen]
http://news.com.com/California+senate+approves+anti-Gmail+bill/2100-1028...
SJMerc:
http://www.mercurynews.com/mld/mercurynews/business/technology/8781969.htm
--------------------------------------------------------------
Ladies and gentlemen, start your engines... but, hey, let's be careful out
there. Have a great, safe holiday weekend and we'll be back Tuesday, June 1.
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/26/04

The FCC's Localism Task Force hearing in Rapid City, South Dakota is today.=
=20
For this and other upcoming media policy events, see=20
http://www.benton.org/calendar.htm

Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.

TELEVISION
Comment Requested on A La Carte and Themed Tier Programming
Group Launches New Dereg Attack
Longley-Rice Stays on FCC Menu

TELECOM
Cingular to Sell Cellular Spectrum
SBC, Union Agree to 5-Year Pact
Static Rises as Telecom Bill Nears (California) PUC Vote

INTERNET
Firms Sue Google for Ad Links to Competitors

TELEVISION

COMMENT REQUESTED ON A LA CARTE AND THEMED TIER PROGRAMMING
The FCC is seeking public comment regarding the provision of a la carte and=
=20
"themed-tier" services on cable television and direct broadcast satellite=20
systems for a report on the ability of multichannel video programming=20
distributors ("MVPDs") to provide such services to customers on a voluntary=
=20
basis. The FCC is asking: 1) Do MVPDs currently have the option to purchase=
=20
channels from programmers on a stand-alone basis, such that they could, if=
=20
they chose, offer programming to consumers on an a la carte or themed-tier=
=20
basis? What are the limitations, if any, on their flexibility to do so?=20
What statutory or regulatory action would be needed to remove any such=20
limitations? 2) What would the impact be on retail rates to consumers if=20
programmers were required to offer their programming to MVPDs exclusively=20
on a stand-alone basis? (plus additional questions concerning rates) 3) How=
=20
have broadcast networks and affiliate groups used the retransmission=20
consent process to expand carriage of affiliated programming? How has this=
=20
affected rates for MVPD offerings for consumers? Do the rules governing=20
retransmission consent and must-carry limit consumers' ability to select=20
their own programming? If so, how? 4) What effect, if any, would the=20
voluntary offering of a la carte or themed-tier service have on the ability=
=20
of independent, niche, religious, and ethnic programming to continue to be=
=20
carried or launched? 5) Questions about how a la carte offering could=20
effect rural providers. 6) Questions concerning set-top boxes and 8) legal=
=20
and regulatory questions. Comments are due July 8 will reply comments due=20
July 23.
For further information contact Ben Golant, Media Bureau at (202) 418-7111.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1454A1.doc
B&C: http://www.broadcastingcable.com/article/CA420969?display=3DBreaking+Ne=
ws
(requires subscription)

GROUP LAUNCHES NEW DEREG ATTACK
With 300 member organizations, Citizens for Sensible Safeguards released a=
=20
report and launching a Web site Tuesday critical of the Bush=20
administration's systematic dismantling of regulatory protections,=20
including those on media ownership and drug advertising. In addition to the=
=20
general rollback of ownership regulations, the groups target what they say=
=20
is a "dramatic drop" in enforcement regulations on drug advertising. "From=
=20
December 2001 to September 2002," the report says "the Food and Drug=20
Administration (FDA) issued just 19 "notices of violation" or "warning"=20
letters (an average of just two per month). In the three previous years,=20
FDA sent 253 of these letters to manufacturers, or almost 85 per year." The=
=20
number of direct-to-consumer ads submitted to the FDA for review in 2002=20
increased by 75%, they say, but FDA enforcement actions dropped by almost=20
half. "The drug industry, which gave $5.7 million to 2000 Bush campaign=20
efforts, faces virtually no deterrent to misleading consumers," the report=
=20
says.
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA420683?display=3DBreaking+News
(requires subscription)

LONGLEY-RICE STAYS ON FCC MENU
The FCC uses a mathematical calculation called the =93Individual Location=20
Longley-Rice=94 model to determine a home is getting an acceptable signal=20
over the air from their local ABC, CBS, NBC or Fox affiliate. If the=20
equation figures that a local signal is too weak, a satellite operator may=
=20
sell the household distant network signals. But neither broadcasters or=20
satellite operators like the FCC's equation. Echostar complains that the=20
equation is based on incomplete data. Broadcasters complain that the model=
=20
assumes a household is receiving over-the-air TV via a rooftop antenna,=20
even though few of the people who get their TV over-the-air today use them.=
=20
But the FCC has decided to continue to use the equation anyway.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA421010?display=3DBreaking+News
(requires subscription)
See the FCC order at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-76A1.doc

TELECOM

CINGULAR TO SELL CELLULAR SPECTRUM
Trying to avoid opposition to its planned acquisition of AT&T Wireless,=20
Cingular yesterday announced it will sell to T-Mobile USA $2.5 billion=20
worth of spectrum in 10 California markets, including San Diego, Sacramento=
=20
and San Francisco. The sale would end the two companies' agreement to=20
jointly operate mobile phone networks in California and New York. The=20
overlapping mobile phone networks that Cingular and AT&T have in large=20
parts of California have raised concerns among Justice Department officials=
=20
about the combined companies' market power in the state. The deal with=20
T-Mobile aims to ease those concerns and is contingent on Cingular closing=
=20
its deal with AT&T Wireless. Cingular faces similar concerns about the=20
purchase in Texas and Florida.
Also, the Wall Street Journal is reporting that Cingular is planning to=20
start testing a high-speed wireless Internet, "3G" network later this year,=
=20
though the carrier says it doesn't plan to launch a major commercial=20
offering of the service until 2006. AT&T Wireless is scheduled to offer 3G=
=20
services in four U.S. cities by year end, although at a different radio=20
frequency. If Cingular's pending acquisition of AT&T Wireless is approved=20
by regulators, it means Cingular could offer a service in those four=20
markets by the end of 2004.
[SOURCE: Washington Post, AUTHOR: Christopher Stern]
http://www.washingtonpost.com/wp-dyn/articles/A55682-2004May25.html
(requires registration)
LATimes:=20
http://www.latimes.com/business/printedition/la-fi-cingular26may26,1,975...
story?coll=3Dla-headlines-pe-business
SJMerc:=20
http://www.mercurynews.com/mld/mercurynews/business/technology/8762124.htm
NYT: http://www.nytimes.com/2004/05/26/business/26wire.html
CINGULAR TO TEST WIRELESS NETWORK
[SOURCE: Wall Street Journal, AUTHOR: Jesse Drucker jesse.drucker( at )wsj.com]
http://online.wsj.com/article/0,,SB108552568838821229,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

SBC, UNION AGREE TO 5-YEAR PACT
One-hundred thousand members of the Communications Workers of America=20
returned to work after a four-day strike and the union reached an agreement=
=20
with SBC for a new, 5-year contract. Key to the pact are provisions that=20
allow union workers in, say, SBC's conventional land-line business, which=20
lost 427,000 local access lines last quarter but gained 2.6 million=20
long-distance lines, to take jobs in growing areas like wireless Internet=20
and voice over Internet protocol. The agreement on job security is=20
important because it defines traditional telephone work to include all the=
=20
new communications technologies, said CWA spokeswoman Candice Johnson.=20
Union members will vote on the deal next month.
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-sbc26may26,1,6084792....
y?coll=3Dla-headlines-pe-business
See CWA press release:
http://www.cwa-union.org/news/PressReleaseDisplay.asp?ID=3D428

STATIC RISES AS TELECOM BILL NEARS (CA) PUC VOTE
The California Public Utilities Commission began working on a telecom bill=
=20
of rights four years ago to protect customers from misleading offers,=20
overstated promises on coverage, billing overcharges and unilateral changes=
=20
in service contracts. Commissioner Carl Wood, who oversaw the process,=20
issued the initial draft and has amended it several times. Commissioners=20
Geoffrey Brown and Susan Kennedy introduced competing versions this month.=
=20
The PUC is expected to pass one of them during a vote on Thursday. Telecom=
=20
companies operating in the state say the bill of rights is unnecessary and=
=20
could mean higher rates for consumers. Many are lobbying the California=20
legislature to change underlying laws to protect their interests. They have=
=20
had some success: The Assembly on Monday passed a measure that critics say=
=20
would gut the PUC's bill of rights proposals =97 and take away existing=20
consumer protections as well. The measure, which amends some consumer=20
provisions in a 1986 public utilities law, is pending in the Senate. Much=20
of the industry's angst is "just crocodile tears," said Janee Briesemeister=
=20
of Consumers Union, publisher of Consumer Reports magazine. "Once=20
California does anything to impose some standards on the industry, other=20
states will follow =97 and with stronger provisions." [When California=20
sneezes....]
[SOURCE: Los Angeles Times, AUTHOR:James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-puc26may26,1,7325391....
y?coll=3Dla-headlines-pe-business

INTERNET

FIRMS SUE GOOGLE FOR AD LINKS TO COMPETITORS
Google took in nearly $1 billion last year by selling ads to firms eager to=
=20
market their wares online to computer users. But a number of major=20
businesses in the United States and Europe are crying foul, going after=20
Google in court and alleging that the search-engine juggernaut is profiting=
=20
illegally by trading on their names. Corporations have filed lawsuits=20
recently to try to stop Google from selling ads linked to searches based on=
=20
product names and trademarks. The companies charge that the lucrative=20
practice tramples their legal rights and allows competitors to steal their=
=20
customers.
[SOURCE: Washington Post, AUTHOR: David Vise]
http://www.washingtonpost.com/wp-dyn/articles/A55717-2004May25.html
(requires registration)
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/25/04

The Cato Institute is hosting a discussion TODAY titled "The FCC's Media
Ownership Decision One Year Later." The Media Access Project's Andrew
Schwartzman and Cato's Adam Thierer will debate the current state of the
modern media marketplace and answer questions about the regulations that
govern this important sector. For more information see
http://www.cato.org/events/040525pf2.html.

NONCOMMERCIAL COMMUNICATIONS
FCC May Spur Sale Of Airwaves Held by Schools
CPB's TV Future Fund was Illegal, GAO Finds

MEDIA & POLITICS/GOVERNMENT
Campaign Ads Are Under Fire for Inaccuracy
How Americans Get in Touch With Government

PRIVACY
Privacy Groups Challenge FBI Authority to Obtain Records Without Court Order

NONCOMMERCIAL COMMUNICATIONS

FCC MAY SPUR SALE OF AIRWAVES HELD BY SCHOOLS
More than 40 years ago, President John F. Kennedy set aside a hefty portion
of the radio waves for educational use by private and public schools,
universities and other institutions, a swath of spectrum roughly equal in
size to all the airwaves owned by the cellular industry. Last week, the
FCC's five commissioners began considering a proposal to strip a small
portion of the spectrum from the educational institutions and then
reallocating it for new uses. It would also allow the educational groups to
sell the rest of their spectrum to commercial companies for new uses -- in
deals that could potentially be valued at billions of dollars. The FCC
expects to rule on the issue in coming weeks, though the proposal could be
changed substantially in the interim. The Catholic Television Network, an
association of 16 Catholic archdioceses around the country including those
in New York, Los Angeles and Chicago, is leading a group seeking to stop
the FCC from allowing sales. Critics of the FCC plan say the opportunity to
sell off the spectrum will prove too attractive to resist for many schools
as they come under pressure from cash-strapped cities and states. "So if
[California Gov.] Arnold Schwarzenegger decides to balance the California
budget by selling these licenses, very good systems will be eliminated,"
said Harold Feld, associate director of the Media Access Project.
[SOURCE: Wall Street Journal, AUTHOR: Anne Marie Squeo
annemarie.squeo( at )wsj.com]
http://online.wsj.com/article/0,,SB108543701703420032,00.html?mod=todays...
(requires subscription)

CPB'S TV FUTURE FUND WAS ILLEGAL, GAO FINDS
In "Issues Related to Federal Funding of Public Television by the
Corporation for Public Broadcasting," the General Accounting Office finds
that the Corporation for Public Broadcasting operated outside its authority
when it took money from the part of its appropriation that Congress
designated for station grants and used it for Television Future Fund
projects. Between 1996 and this year, the Future Fund made grants for R&D
projects to improve public TV operations and fundraising. But GAO said CPB
can't legally make selective grants from funds allocated for stations. The
GAO also finds in the report that CPB lagged in distributing some of the
special appropriation for public TV's move toward digital transmission. The
delays prevented many stations from meeting FCC digital construction
deadlines. GAO also recommended that CPB broaden the scope of its digital
grants program beyond its emphasis on transmission equipment to include
support for digital content and production equipment. The report was
requested by Reps Joe Barton (R-TX), Richard Burr (R-NC), Ralph Regula
(R-OH) and Fred Upton (R-MI).
The GAO report is available at http://www.gao.gov/new.items/d04284.pdf
CPB's response to the report is available at:
http://www.cpb.org/programs/pr.php?prn=357
[SOURCE: Current, AUTHOR: Karen Everhart and Jeremy Egner]
http://www.current.org/cpb/cpb0409gao.shtml

MEDIA & POLITICS/GOVERNMENT

CAMPAIGN ADS ARE UNDER FIRE FOR INACCURACY
A record year for political advertising has brought with it a hail of
televised exaggerations, omissions and mischaracterizations that pollsters
say seem to be leaving voters with mistaken impressions of Senator John
Kerry and President Bush. The degree to which the advertisements push the
facts, or go beyond them, varies by commercial. While Mr. Bush's campaign
has been singled out as going particularly far with some of its claims, Mr.
Kerry's campaign has also been criticized as frequently going beyond the
bounds of truth.
[SOURCE: New York Times, AUTHOR: Jim Rutenberg]
http://www.nytimes.com/2004/05/25/politics/campaign/25ADS.html?hp
(requires registration)

HOW AMERICANS GET IN TOUCH WITH GOVERNMENT
Internet users are increasingly turning to e-government sites to carry out
their business with government. But Internet users and non-users alike
value having more than one way to get in touch with government. New
research by the Pew Internet & American Life Project shows that 97 million
adult Americans, or 77% of Internet users, took advantage of e-government
in 2003, whether that meant going to government Web sites or e-mailing
government officials. This represented a growth of 50% from 2002. At the
same time, citizens who contact government said they are more likely to
turn to traditional means - either the telephone or in-person visits -
rather than the Web or email to deal with government. Additional findings
include: 1) Internet users are about 3 times as likely as non-Internet
users to get in touch with government, whether the contact means conducting
a transaction or seeking help with a problem. 2) 30% of Internet users have
e-mailed a government official in order to try to influence policy or
change a politician's position on a law. 3) Half of all Internet users and
59% of online users with broadband connections at home say that the
Internet has helped their relationship with government. 4) 63% of Americans
who contact government report that they were successful in addressing the
issue that prompted the contact. 5) 76% of Americans who contact government
say they were "very" or "somewhat" satisfied with the outcome of their last
dealing with government. 6) 22% of Americans who contact government use
more than one means to do it, with the telephone most likely to the first
option chosen. 7) Traditional means of contacting government are strongly
preferred by those who have a disabilities. 8) Americans with disabilities
are less likely than others to have Internet access. Just 40% of those with
disabilities have access, compared to 63% of the overall population. Those
with disabilities prefer contacting the government by telephone or in
person rather than over the Web or email by a 65% to 15% margin.
[SOURCE: Pew Internet & American Life Project]
http://www.pewinternet.org/reports/toc.asp?Report=127
AP: http://www.mercurynews.com/mld/mercurynews/business/technology/8750894.htm

PRIVACY

PRIVACY GROUPS CHALLENGE FBI AUTHORITY TO OBTAIN RECORDS WITHOUT COURT ORDER
The Center for Democracy and Technology (CDT) joined other privacy groups
and an ISP trade association in filing an amicus brief today in support of
the ACLU's challenge to the FBI's National Security Letter authority, which
allows it to obtain certain customer records from ISPs and other businesses
without a court order.
Amicus Brief [pdf], filed May 24, 2004:
http://www.cdt.org/security/iusapatriot/200420524amicus.pdf
More information on the ACLU's Lawsuit:
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=15543&c=262
[SOURCE: Center for Democracy and Technology]
(http://www.cdt.org)
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments. For upcoming media
policy events, see http://www.benton.org/calendar.htm
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/24/04

FCC HEADS TO SOUTH DAKOTA
Early this week, South Dakota is the place to be for communications policy=
=20
making. Here's a quick look at FCC-related events in the Mount Rushmore=
State.
* Chairman Powell, Commissioner Adelstein and South Dakota Governor Michael=
=20
Round to Headline Presentation of WISP Technologies, May 25, 3:30-5:30 pm.
Several representatives of wireless Internet service providers (WISP) will=
=20
demonstrate how small, entrepreneurial WISPs are serving rural communities=
=20
and using wireless broadband services to bring opportunities for greater=20
economic development. There will also be discussions of how the challenges=
=20
in serving rural communities can be overcome.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247478A1.doc
* FCC to Hold Second Indian Telecommunications Initiatives Regional=20
Workshop and Roundtable in Rapid City, SD, May 26 and 27.
FCC officials and Tribal leaders will address telecommunications issues=20
facing Indian Country with the goal of providing clear, practical=20
information that Tribal decision-makers can use to prioritize their=20
economic goals and telecommunications development agendas.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247473A1.doc
* FCC Localism Task Force Announces Procedures to Facilitate Public=20
Participation At Its Rapid City, South Dakota Hearing on Broadcast Localism
The FCC is asking the people of South Dakota to help answer five questions:=
=20
1) How do your broadcasters use radio and television to respond to the=20
community's needs and interests? What are they doing well? 2) Are there=20
certain kinds of local programming that you believe should be available but=
=20
that are not being provided by local broadcasters? If so, what are they? 3)=
=20
Are broadcasters well informed about important issues and events in the=20
community? 4) Are there any segments of the local community that you=20
believe are not being adequately served? How could broadcasters meet the=20
needs of such groups? 5) What, if anything, should the FCC do to promote=20
more localism in broadcasting?
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247489A1.doc
[SOURCE: FCC]
(http://www.fcc.gov)
For additional upcoming media policy events, see=20
http://www.benton.org/calendar.htm

TELEVISION
Advertising: Fall TV Season's Offerings Are Escapist Brain Candy
Independent PTV Stations Say PBS programming Causes Centralization
China Takes Aim at Racy, Violent TV Shows
Time May Have Come for Ordering Channels a la Carte
Disney=92s In Indecency Mix
Border Dispute
Satellite Act Down to Wire
Contentious Foe of Finance Reform

TELECOM
Dial 'M' for Morass
SBC, Union Report Progress In New Contract Talks
Nextel Lobbies For Bigger Share Of Cellular Space
The Administration's Ear to Telecom
Universal Community Access from Thin Air?=09
Rural America Expects Fewer Bumps in Switching Cellphone Numbers

JOURNALISM
Bottom-Line Pressures Now Hurting Coverage, Say Journalists
Democracy At Risk

TELEVISION

ADVERTISING: FALL TV SEASON'S OFFERINGS ARE ESCAPIST BRAIN CANDY
Many advertisers prefer to buy commercial time in shows that accentuate the=
=20
positive, to help put viewers in an upbeat, consuming mood. So to give=20
their customers what they want, the six broadcast TV networks unveiled=20
schedules for next year that include a lot of brain candy. "Reality" shows=
=20
have become the new sitcoms. "Maybe that's because to younger viewers who=20
grew up watching 'The Real World' on MTV, who have Webcams and camera=20
phones, the idea of watching other people instead of sitcoms seems very=20
appealing," says one advertiser. "In 1997, NBC alone had 18 sitcoms," said=
=20
Brad Adgate, senior vice president and research director at Horizon Media=20
in New York. "This year, NBC, CBS and ABC combined have 18." There's more=20
about how advertisers see the new TV lineup -- including expected hits and=
=20
flops -- at the URL below.
[SOURCE: New York Times, AUTHOR: Stuart Elliott]
http://www.nytimes.com/2004/05/24/business/media/24adcol.html
(requires registration)

INDEPENDENT PTV STATIONS SAY PBS PROGRAMMING CAUSES CENTRALIZATION
Just 8% of noncommercial stations are independent. =93There is media=20
centralization going in the commercial and noncommercial world and the=20
thing that=92s getting lost -- and most people are worried about it being=
=20
lost -- is local production and local content,=94 said Frederick Thomas of=
=20
MHZ Networks, which operates 2 independent public TV stations in the=20
Washington area -- WNVC and WNCT. Non-PBS stations insist they=92re the last=
=20
bulwarks against centralization and consolidation taking hold across the=20
media world. =93The relationship between local stations and PBS national is=
=20
going to continue to change and change in ways that I don't think are=20
necessarily to the benefit of the local stations," says Thomas. =93PBS=20
requires member stations to carry a minimum amount of programming and they=
=20
require a huge fee for it. So it=92s a closed system in a lot of ways and=20
it=92s built on the old centralized, affiliate type of relationship.=94 With=
=20
commercial stations only providing local news, who else but public TV will=
=20
do local programming? Asked if he agreed centralization was creeping into=20
the noncommercial world as well, Association of Public Television Stations=
=20
President John Lawson said he agreed that =93it=92s a real struggle to=
provide=20
quality local programming. It is because of the economics of it.=94 But with=
=20
the digital conversion, all public TV stations =97 PBS and independent --=20
were looking for ways to expand local programming. Mr Lawson said: =93They=
=20
are buying cameras and upgrading studios and they are upgrading the talent=
=20
of their producers, and I think we just may be on the brink of a resurgence=
=20
of local programming.=94
[SOURCE: Communications Daily, AUTHOR: Dinesh Kumar]
(Not available online)

CHINA TAKES AIM AT RACY, VIOLENT TV SHOWS
While Beijing has kept a tight grip over news content, it has in recent=20
years allowed more leeway to broadcasters, particularly in nonsensitive=20
areas like entertainment and sports programming. Broadcasters have come to=
=20
rely on racy and sometimes violent content to attract viewers and boost=20
bottom lines. But China's propaganda czars are turning their policing=20
efforts to pop culture and slapped new restrictions on television show=20
hosts who sport orange-tinted hair, wear "too little or too weird clothes,"=
=20
or speak in trendy local dialects or Western slang. The restrictions are=20
part of a rash of new regulations issued by the State Administration for=20
Radio, Film and Television aimed at toning down the sex, violence and racy=
=20
content that are the hallmark of broadcast media everywhere -- and,=20
increasingly, in China.
[SOURCE: Wall Street Journal, AUTHOR: Kathy Chen kathy.chen( at )wsj.com &=20
Leslie Chang leslie.chang( at )wsj.com]
http://online.wsj.com/article/0,,SB108535107991019064,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)
The Washington Post has a story on how China tried to control content on=20
the Web as well. See "Webmaster Finds Gaps in China's Net"
http://www.washingtonpost.com/wp-dyn/articles/A50496-2004May23.html

TIME MAY HAVE COME FOR ORDERING CHANNELS A LA CARTE
USAToday recaps the a la carte debate. In 2003, the monthly bill for=20
"expanded basic," the option selected by 95% of customers, averaged a=20
record $36.59. The package includes broadcast channels plus a fixed basket=
=20
of up to about 60 cable channels. But research shows that the average=20
subscriber regularly watches, at most, about 14 channels. A recent poll=20
commissioned by the conservative Concerned Women for America found 66% of=20
consumers would prefer to choose their channels -- and 80% don't want to=20
pay for channels they don't watch.
[SOURCE: USAToday, AUTHOR:Michael McCarthy]
http://www.usatoday.com/usatonline/20040524/6226831s.htm

DISNEY'S IN THE INDECENCY MIX
As a major media conglomerate, Disney has a foot in both the cable and=20
broadcasting camps. It owns the ABC Television Network and 10 TV stations,=
=20
as well as cable networks ESPN, Disney Channel and ABC Family, as well as a=
=20
stake in Lifetime Television. As indecency legislation makes it way through=
=20
Congress, the company is supporting cable indecency legislation while=20
fighting proposals that would require cable operators to sell cable=20
networks a la carte. Disney is apparently supporting indecency legislation=
=20
in an effort to drain momentum from a la carte, which some consider a=20
potentially devastating blow to ESPN=92s business model.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA420345?display=3DTop+Stories
(requires subscription)

BORDER DISPUTE
As many as 50 million Americans may be suffering through radio broadcasts=20
with interference because Mexico has allowed three AM stations in Tijuana,=
=20
Tecate, and Ensenada switch channels and ramp up their power by as much as=
=20
80 times their previous levels. The move violates an 18 year-old treaty=20
between the US and Mexico and could mean there will be problems untangling=
=20
interference issues as TV stations in both countries switch to all-digital=
=20
operation. DTV stations in California, Arizona, New Mexico, and Texas could=
=20
face years-long bureaucratic disputes over interference, warns David=20
Donovan, president of the Association for Maximum Service Television, the=20
U.S. DTV trade group.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA420260?display=3DWashington
(requires subscription)

SATELLITE ACT DOWN TO WIRE
Time is growing short for the Satellite Home Viewer Improvement Act (SHVIA)=
=20
which needs to be reauthorized by Congress or millions of rural satellite=20
subscribers with access to out-of-town feeds of ABC, CBS, NBC and Fox will=
=20
lose network programming after December 31, 2004. With the summer's=20
political conventions coming and time off needed to campaign, there's not=20
many days left for this Congress. SHVIA is one of the few "must get done"=20
bills of the year and to get passed and signed, the legislation will=20
probably have to avoid controversy. Because of that Senate Judiciary=20
Committee Chairman Orrin Hatch (R-UT) has proposed a straight five-year=20
reauthorization. He would like to fix some problems, but does not have the=
=20
jurisdiction to do it all. One potential "fix" Sen Hatch and others would=20
support is a requirement that all broadcast stations in a local market be=20
delivered on one dish at the consumers home. EchoStar currently relegates=20
some broadcast channels to a second dish that is free for requesting=20
consumers, but many fail to request it. A compromise may be in the making,=
=20
however. Andrew Halataei, legislative director for House Judiciary=20
Committee member Rep. Randy Forbes (R-VA), floated the idea that a two-dish=
=20
solution could be acceptable if EchoStar automatically installed a second=20
dish when consumers signed up for the local-signal package. =93I think in=
the=20
end there=92s probably going to be something in the bill that=92s going to=
=20
require EchoStar to make sure they have everything on one dish or always=20
install two dishes when they go to install it the first time,=94 Mr.=
Halataei=20
said. Satellite operators also want the right to deliver distant digital TV=
=20
signals into local areas where local broadcasters are not. The National=20
Association of Broadcasters opposes this provision.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA420235?display=3DPolicy
(requires subscription)

CONTENTIOUS FOE OF FINANCE REFORM
Bradley Smith, the Chairman of the Federal Election Commission, may be the=
=20
biggest obstacle to true finance reform. The FEC recently delayed any=20
decision on the flow of "soft money" to "527" organizations until August,=20
ensuring that these organizations will play a major role in this year's=20
election. The chairman of the Republican Party, Ed Gillespie, called=20
Chairman Smith's latest actions "irresponsible." Sen. John McCain (R-AZ),=20
the best-known proponent of campaign-finance reform, labeled him "bullying=
=20
and cowardly." For his part, Chairman Smith believes that if there's any=20
loophole in the campaign finance system, it is there because Congress put=20
it there. "The idea that donors' giving money to candidates is corrupting"=
=20
is misguided, he says. He argues that providing money to support a campaign=
=20
is an essential element of democracy in the TV age and isn't bribery, as=20
his critics often contend.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA420245?display=3DTop+of+the+Week
(requires subscription)

TELECOM

DIAL 'M' FOR MORASS
The WSJ calls on Solicitor General Ted Olson to announce that the=20
Administration won't seek a Supreme Court appeal of the March court ruling=
=20
invalidating the FCC's phone competition rules. The uncertainty of this=20
looming court action and the meddling of state regulators, the editorial=20
states, is what is holding back the telecom sector. Like any other market,=
=20
the editorial concludes, telecom responds to incentives. Nearly a decade of=
=20
micro-management and endless litigation have depressed capital spending and=
=20
left the U.S. trailing Asia and Europe in broadband deployment. Removing=20
those barriers is an essential first step in reversing these trends.
[SOURCE: Wall Street Journal, AUTHOR: WSJ Editorial Staff]
http://online.wsj.com/article/0,,SB108535247611819074,00.html?mod=3Dtoda...
s_opinion
(requires subscription)

SBC, UNION REPORT PROGRESS IN NEW CONTRACT TALKS
The Communications Workers of America and SBC reported "considerable=20
progress" in their negotiations over the weekend. A strike of 100,000 CWA=20
members against SBC, in its third day, is scheduled to end Tuesday. The=20
union is pushing SBC to agree that CWA workers in fields with declining=20
manpower be given priority for positions in their hometowns. The company=20
says it will give each surplus worker a guaranteed job offer somewhere in=20
the same state, which the CWA finds inadequate.
[SOURCE: Wall Street Journal, AUTHOR: Associated Press]
http://online.wsj.com/article/0,,SB108523790132518630,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

NEXTEL LOBBIES FOR BIGGER SHARE OF CELLULAR SPACE
The debate over moving cellphone company Nextel to a different spectrum=20
band is front page news in Washington. It "is becoming one of Washington's=
=20
most intense lobbying clashes, with the company's future and the shape of=20
the cellular phone industry in the balance." Nextel is the smallest=20
national wireless operator and the only one that does not have a large,=20
deep-pocketed phone company for a parent. Nextel has hired lobbyists to=20
help win approval of its plan to move to spectrum that would allow it to=20
compete better with larger carriers and fix interference problems with=20
public safety officials. But rivals say Nextel is underpaying for the new=20
spectrum it wants -- by about $1 billion.
[SOURCE: Washington Post, AUTHOR: Jeffrey Birnbaum & Yuki Noguchi]
http://www.washingtonpost.com/wp-dyn/articles/A50329-2004May23.html
(requires registration)

THE ADMINISTRATION'S EAR TO TELECOM
A interview with Michael D. Gallagher, head of the Commerce Department's=20
National Telecommunications and Information Administration and the Bush=20
administration's principal advisor on telecommunications policy. He is a=20
graduate of UC Berkeley and UCLA's law school, entered government from the=
=20
wireless industry, where he worked for AirTouch before it was acquired by=20
Vodafone and eventually merged into Verizon Wireless. He sees wireless=20
technology as a way to get around the chokehold the Bells have on local=20
access lines, called loops. The interview covers phone competition,=20
negotiations to lease phone lines and affordable high-speed Internet access.
[SOURCE: Los Angeles Times, AUTHOR: James S. Granelli]
http://www.latimes.com/business/printedition/la-fi-gallagher24may24,1,59...
6.story?coll=3Dla-headlines-pe-business

UNIVERSAL COMMUNITY ACCESS FROM THIN AIR?
Media analyst Tom Wolzien estimates that the spectrum used for broadcasting=
=20
in the US is worth $367 billion. Broadcasters get to use that spectrum free=
=20
of charge, agree to public interest obligations aimed at delivering=20
important programming to audiences. But new players would like access to=20
spectrum to deliver public benefits. In congested unlicensed bands of=20
spectrum, more than 2,500 Wireless Internet Service Providers (WISPS) and=20
nonprofit Community Access Networks are using modified Wi-Fi equipment to=20
provide high-speed Internet access for entire communities. This activity is=
=20
great news, the New America Foundation's Calabrese and Barranca write, for=
=20
communities, but the success of unlicensed spectrum to provide last-mile=20
connectivity reinforces the reality that the vast majority of spectrum is=20
off-limits to citizens for direct access. The truth is, they add, that much=
=20
of the spectrum represents an enormous untapped public resource that could=
=20
be used by communities to solve broadband Internet access problems quickly,=
=20
efficiently and for themselves.
[SOURCE: Community Media Review, AUTHORS: Michael Calabrese & Matt Barranca]
http://www.alliancecm.org/

RURAL AMERICA EXPECTS FEWER BUMPS IN SWITCHING CELLPHONE NUMBERS
Starting today, cellphone users in rural America will be able to switch=20
carriers and take their numbers with them.
[SOURCE: New York Times, AUTHOR: Ken Belson]
http://www.nytimes.com/2004/05/24/technology/24phone.html
(requires registration)
See statement from FCC Chairman Michael Powell
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247463A1.doc

JOURNALISM

BOTTOM-LINE PRESSURES NOW HURTING COVERAGE, SAY JOURNALISTS
Journalists are unhappy with the way things are going in their profession=20
these days. Many give poor grades to the coverage offered by the types of=20
media that serve most Americans: daily newspapers, local TV, network TV=20
news and cable news outlets. In fact, despite recent scandals at the New=20
York Times and USA Today, only national newspapers =AD and the websites of=
=20
national news organizations =AD receive good performance grades from the=20
journalistic ranks. Roughly half of journalists at national media outlets=20
(51%), and about as many from local media (46%), believe that journalism is=
=20
going in the wrong direction, as significant majorities of journalists have=
=20
come to believe that increased bottom line pressure is "seriously hurting"=
=20
the quality of news coverage. This is the view of 66% of national news=20
people and 57% of the local journalists questioned in this survey.
[SOURCE: Pew Research Center for the People and the Press]
http://people-press.org/reports/display.php3?ReportID=3D214
See coverage of the survey in the Washington Post:
http://www.washingtonpost.com/wp-dyn/articles/A50403-2004May23.html

DEMOCRACY AT RISK
The authors ask if concentrated media ownership is good for a free,=20
democratic society. Over the last two decades there's been a massive=20
disinvestment in news and journalism and a loss of independent journalistic=
=20
voices. Journalistic outlets have been transformed into cogs in the immense=
=20
portfolios monopolistic public companies and mega-chains. Behind closed=20
doors at the FCC and without much press coverage, "the major media company=
=20
CEOs and their lobbyists have turned the FCC into their handmaiden for=20
extending their control in pursuit of greater stock prices and short-term=20
profit." The battle over new media ownership rules, the authors write, is a=
=20
battle for democracy's survival versus rapacious capitalism. The grassroots=
=20
effort to block the FCC rules is having some effect in Congress. "Every=20
American needs to be a warrior for democracy. Every American needs to speak=
=20
up loud and often on this issue."
[SOURCE: Community Media Review, AUTHORS: Wade Henderson (Leadership=20
Conference on Civil Rights) and Frank Blethen (The Seattle Times)]
http://www.alliancecm.org/
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.
--------------------------------------------------------------

Benton's Communications-related Headlines for 5/21/04

BROADCASTING
Notice of Inquiry on Localism Coming
FCC Will Look at Violence
Making Money Now on HDTV: Practical Lessons from the Field
Networks Debate Age Groups' Value to Advertisers
The Campaign Media Guide

CABLE
Why I'm Filing Chapter 11
Adelstein Opposed to Brand X Appeal

SPECTRUM
FCC's Powell Retracts Vote On Nextel Spectrum Request
Powell: Wireless Vital to Broadband Future

TELECOM
Sprint's Role as Wholesaler: 'Arms Dealer' to the Industry
New York Classifies Vonage as Phone Company
Intermodal Competition in Telecom: A Vision, not a Reality
FCC's Number Portability Rule Likely to Hurt Rural Carriers

INTERNET
CAN-SPAM Act
WWW Conference Mulls Web as Personal Memory Store

BROADCASTING

NOTICE OF INQUIRY ON LOCALISM COMING
According to FCC Commissioner Jonathan Adelstein, the FCC will soon launch=
=20
a proceeding on localism which would look at what the Commission can do to=
=20
ensure that news and issues of local concern are properly covered by=20
broadcasters and that broadcasters fulfill their public interest=20
obligations. A big question is whether local ownership of broadcast=20
stations makes a difference in how well the station serves the public =97 or=
=20
whether out-of-state owners, which tend to be larger companies, do just as=
=20
good a job, Commissioner Adelstein said. =93That issue, I don't know that it=
=20
has been completely settled. We get arguments on both sides,=94 he said.=20
Commissioner Adelstein said out-of-state owners argue that localism is in=20
many ways market driven because a station that=92s unresponsive to the=20
viewers won't be watched. Local owners say local ownership is vital. What=20
isn't clear, Commissioner Adelstein said, is whether localism should be=20
left entirely to the market or whether the government should get involved.=
=20
Commissioner Adelstein said he didn't know when the item would be released.
[SOURCE: Communications Daily, AUTHOR: Brigitte Greenberg]
(Not available online)

FCC WILL LOOK AT VIOLENCE
In March, House Commerce Chairman Joe Barton (R-TX), Telecommunications=20
Subcommittee Chairman Fred Upton (R-MI), and the respective committees'=20
ranking Democrats John Dingell (D-MI) and Ed Markey (D-MA), requested that=
=20
the FCC conduct an inquiry into broadcast violence to be completed and=20
reported on by Jan. 1, 2005. FCC Chairman Michael Powell's staff is now=20
saying that the Commission's Media Bureau will draft a Notice of Inquiry=20
for review by FCC commissioners soon. The House committee wants the report=
=20
to address the harm that excessively violent programming does to children.=
=20
It also wants to know whether it is in the public interest to define=20
programming that would be considered "excessively violent," whether it is=20
constitutional to prohibit that programming when children are likely to be=
=20
viewing, and whether the FCC already has the authority to make that=20
prohibition or whether it needs Congress to authorize that power for the=
FCC.
[SOURCE: BusinessWeek, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA419866?display=3DBreaking+News

MAKING MONEY NOW ON HDTV: PRACTICAL LESSONS FROM THE FIELD
Communications Daily and Consumer Electronics Daily co-hosted an=20
audioconference Thursday on the transition to digital TV and how we all=20
(well, mostly broadcasters) can benefit from it. The greatest barrier to=20
the transition may be continued lack of consumer education and confusion in=
=20
the marketplace, some claimed. People don't choose a new technology because=
=20
they see it in stores, but because a friend has made the purchase. But high=
=20
definition is driving the consumer electronics market now. Sets sell with=20
high margins and also induce consumers to buy other products like audio=20
equipment and DVD players.
[SOURCE: Communications Daily, AUTHOR: Tania Panczyk-Collins, Steve Booth]
(Not available online)

NETWORKS DEBATE AGE GROUPS' VALUE TO ADVERTISERS
Are you more valuable to advertisers if you are 18- to 49-years-old or 25-=
=20
to 54-years-old? Television networks are debating this now because the=20
answer is worth hundreds of millions of dollars to them. CBS President=20
Leslie Moonves told advertisers this week that 18-year-olds aren't likely=20
to buy cars and don't maintain their own homes. Nielsen data show that 51=20
percent of the sought-after "young affluent audience" -- 18- to=20
34-year-olds living in households that make more than $75,000 per year --=20
are dependent on someone else's money. "The 18-to-24 group doesn't have a=20
lot of discretionary income," said Shari Ann Brill, a media buyer for Carat=
=20
USA. "They're in school, so [Moonves] does have a point. But that younger=20
[group] is very good for movies and fast food [advertising], though, yes,=20
to a certain extent, it is their parents' money." NBC counters: "We listen=
=20
to our customers, and they consistently tell us that the 18-to-49 viewers=20
are the most valued audience in television. NBC can deliver that=20
demographic better than any network." Advertisers in search of youth don't=
=20
always act expectedly. Suppose "Show A" has 5 million viewers ages 18-49=20
and 1 million 50 and older, for a total of 6 million viewers. "Show B" also=
=20
has 5 million 18- to 49-year-old viewers but 5 million who are 50 and=20
older, for a total of 10 million viewers. Common sense would suggest that=20
advertisers should pick "Show B," which delivers the younger audience plus=
=20
5 million bonus viewers. But they do not. They pick "Show A" -- and pay=20
more for it -- because a greater percentage of the show's total viewership=
=20
is younger.
[SOURCE: Washington Post, AUTHOR: Frank Ahrens]
http://www.washingtonpost.com/wp-dyn/articles/A44031-2004May20.html
(requires registration)

THE CAMPAIGN MEDIA GUIDE
This is a comprehensive primer on candidates' and citizens' rights -=20
broadcasters' obligations - during the 2004 election season. This Guide is=
=20
designed to be a hands-on resource for all those involved in political=20
broadcasting, including advertising and news coverage, during federal=20
elections - candidates, media buyers, ad makers, broadcasters and citizen=20
organizations alike. The Guide includes the most recent Federal=20
Communications Commission and Federal Election Commission regulations=20
regarding the application of the new campaign finance laws (the Bipartisan=
=20
Campaign Reform Act of 2002, or "McCain-Feingold") as well as other new=20
requirements and rules. Features within the Guide include: 1)=20
Identification of candidates' rights to airwaves during election season, 2)=
=20
Descriptions of broadcasters, cable operators, and Digital Broadcast System=
=20
(DBS) operators political discourse obligations, 3) Case studies of=20
successful and unsuccessful challenges of broadcaster actions, 4) Important=
=20
contact information for filing informal and formal complaints, 5) Detailed=
=20
analysis of broadcast station political files and available information for=
=20
candidates and citizens, and 6) Sponsorship identification requirements for=
=20
both the FEC and FCC including sample language.
[SOURCE: Campaign Legal Center]
http://www.campaignlegalcenter.org/attachment.html/CLC_MediaGuide+%28FIN...
9.pdf?id=3D1121

CABLE

WHY I'M FILING CHAPTER 11
Cable, phone and video provider RCN will be filing Chapter 11 bankruptcy in=
=20
the next couple of weeks, the company's CEO writes. Why? "The cable=20
industry remains in the grip of a monopoly mindset. Despite all the=20
innovation, the surge in new players, and the billions of dollars lost=20
since the passage of the 1996 Telecom Act, cable rates have soared 40% and=
=20
the industry giants continue to think in terms of how to dominate markets=20
rather than of how to drive innovation. The bankruptcies that sidelined so=
=20
many upstart cable providers have effectively spared the cable incumbents=20
from facing competitive pressures -- at least for the moment." The cable=20
business model relies on local service monopolies; closed, proprietary=20
technology to inhibit open competition; and packaging programming -- which=
=20
the cable operators own -- so that consumers have to buy channels they=20
don't want, so they can get the channels they do want. McCourt predicts the=
=20
next wave in telecom: companies that bring Voice-over-IP technology to the=
=20
cable world, creating "Video-over-IP" competitors who change the way=20
customers bring television into their homes. That possibility should worry=
=20
today's cable giants who have been ignoring the logic of economics, the=20
possibilities of technology and the interests of consumers for far too long.
[SOURCE: Wall Street Journal, AUTHOR: David McCourt, chairman and CEO of=20
RCN Corporation]
http://online.wsj.com/article/0,,SB108509359741217460,00.html?mod=3Dtoda...
s_opinion
(requires subscription)

ADELSTEIN OPPOSED TO BRAND X APPEAL
Two weeks ago, Comcast CEO Brian Roberts told the Senate Commerce Committee=
=20
the Brand X case was one of the biggest regulatory risks facing his=20
industry. The uncertainty was heightened, he added, by the fact that it was=
=20
unclear whether the Department of Justice would ask the Supreme Court to=20
overturn the decision by the U.S. Court of Appeals for the Ninth Circuit=20
ruling that cable-modem service is partly an information service and partly=
=20
a telecommunications service. Although information services are largely=20
unregulated, telecommunications-service providers are required to make=20
their transport facilities available on nondiscriminatory terms and=20
conditions -- forced-access mandates that cable has been fighting for=20
years. Yesterday, FCC Commissioner Jonathan Adelstein told reporters he=20
does not support the DOJ joining in the cable industry's appeal of the=20
case. =93I really don't see any reason myself to seek [Supreme Court review]=
=20
on the case,=94 Commissioner Adelstein said. =93I think we can operate=
within=20
the bounds of that decision and accomplish the goals of deregulation=20
through other means, such as forbearance.=94 Commissioner Adelstein believes=
=20
the FCC needs to move away from the classification debate and "get to the=20
real point of how do you treat these services under the rules." At stake is=
=20
the legal right of competing Internet-service providers such as EarthLink=20
to lease bandwidth from cable operators at wholesale rates. The deadline to=
=20
file with the Supreme Court is June 29. A few weeks ago, FCC chairman=20
Michael Powell declined to reveal whether he had secured DOJ cooperation in=
=20
taking the case -- know as Brand X Internet Services vs. FCC -- to the high=
=20
court.
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
http://www.multichannel.com/article/CA419948?display=3DBreaking+News
(requires subscription)

SPECTRUM

FCC'S POWELL RETRACTS VOTE ON NEXTEL SPECTRUM REQUEST
Because of interference with emergency response radio systems caused by=20
Nextel's mobile phone service, the company devised a plan that would pay=20
the cost of relocating public safety radio services to a different portion=
=20
of the 800 Megahertz band, where both Nextel and the police radios operate,=
=20
and require the company to give up some of its airwaves in the 800 MHz=20
range in exchange for airwaves in the 1.9 Gigahertz band. But the rest of=20
the wireless industry has bitterly opposed the grant of 1.9 GHz spectrum.=20
The 10 MHz swath is the last remaining nationwide chunk in a band used by=20
most mobile phone providers. In March, FCC Chairman voted his support for=20
the Nextel "consensus" plan, but he has now withdrawn it. Chairman Powell=20
is considering granting Nextel spectrum in the 2.1 GHz range. Nextel has=20
opposed the idea for a variety of reasons, citing cost of adapting=20
equipment, inferior propagation characteristics of the band, and the fact=20
that some competitors are incumbent users on the band who would have to be=
=20
moved.
[SOURCE: Wall Street Journal, AUTHOR:Mark Wigfield=20
mark.wigfield( at )dowjones.com ]
http://online.wsj.com/article/0,,SB108508816822717284,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)
WP: http://www.washingtonpost.com/wp-dyn/articles/A43621-2004May20.html
(requires registration)

POWELL: WIRELESS VITAL TO BROADBAND FUTURE
At the FCC Wireless Broadband Forum earlier this week, FCC Chairman Powell=
=20
said the Commission is looking at reallocating spectrum for broadcast=20
television to wireless and expanding bands in the 5GHz range to help meet=20
President Bush's goal of universally available broadband by 2007. These=20
goals "only will be met by the use of every possible tool in our broadband=
=20
tool kit," Chairman Powell said. "It will be critical that wireless play a=
=20
major role in our ability to provide these benefits to the American=20
consumer." Chairman Powell added that wireless has certain technical=20
advantages that allow companies to reach consumers in ways that wired=20
services can't. And by not relying on any one technology, the threat of=20
monopoly control and bottlenecks can be avoided. "From Day 1, we have been=
=20
working hard to change the traditional 'command and control' approach that=
=20
does not respect innovation and the need to move spectrum to its highest=20
and best uses. The bottom line is: All the raw material is there, the=20
recognition is there, and the understanding of its importance has begun to=
=20
gel," Chairman Powell said. "Now, all that is left is the easy part of=20
actually making it happen."
[SOURCE: C-Net|News.com, AUTHOR: Richard Shim]
http://news.com.com/Powell%3A+Wireless+vital+to+broadband+future/2100-10...
-5217044.html?tag=3Dnefd.hed
See full remarks at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247411A1.doc

TELECOM

SPRINT'S ROLE AS WHOLESALER: 'ARMS DEALER' TO THE INDUSTRY
Volume, volume, volume. Sprint is moving to a business model of selling its=
=20
telecommunications services at a deep discount to other companies, which=20
then turn around and sell the service under their own brands -- competing=20
against Sprint. The next big customers on Sprint's horizon are telephone=20
companies who want to offer a complete bundle to customers -- local,=20
long-distance and wireless phone, high-speed Internet and TV service. "I do=
=20
see a year from now, a number of cable companies will see that wireless is=
=20
not only a very valuable service to offer, but required service to fulfill=
=20
some customers for the bundle," says Len J. Lauer, Sprint's president and=20
chief operating officer. Sprint has invested billion in expanding the=20
capacity of its networks and is trying to ensure a return on that=20
investment. But some analysts are scratching their heads. Sprint's "selling=
=20
point is they can offer an integrated bundle of services to large=20
enterprises, including wireless, which set them apart from the MCIs and=20
AT&Ts of the world -- now they've lost that advantage," said Patrick=20
Comack, a telecommunications analyst at Guzman & Co., an investment banking=
=20
firm that does work for Sprint. "It's basically giving your enemy another=20
weapon to defeat you."
[SOURCE: Wall Street Journal, AUTHOR: Jesse Drucker jesse.drucker( at )wsj.com]
http://online.wsj.com/article/0,,SB108508486331117175,00.html?mod=3Dtoda...
s_marketplace
(requires subscription)

NEW YORK CLASSIFIES VONAGE AS PHONE COMPANY
In October 2003, a federal judge rejected an attempt by Minnesota's Public=
=20
Utilities Commission to regulate Vonage, saying its services fell outside=20
the traditional definition of a phone company. But on Wednesday, the New=20
York State Public Service Commission ruled that Vonage is a telephone=20
company and is thus subject to state regulation. The PSC added that it=20
hopes to apply "only minimal regulations to ensure that it does not=20
interfere with the rapid, widespread deployment of new technologies."
"While today's decision means that Vonage will be subject to some form of=20
regulation, we are limiting the effect of our decision to allow Vonage an=20
opportunity to address the framework of that regulation," PSC Chairman=20
William Flynn said in a statement.
[SOURCE: C-Net|News.com, AUTHOR: Evan Hansen]
http://news.com.com/New+York+classifies+Vonage+as+phone+company/2100-735...
5216639.html?tag=3Dnefd.top

INTERMODAL COMPETITION IN TELECOM: A VISION, NOT A REALITY
Are rules requiring the baby Bells to lease the elements of their networks=
=20
still necessary with all the phone choices consumers have? Yes, is the=20
answer of this report. Many of those choices are a vision, not a reality.=20
VoIP (Voice over Internet Protocol), which enables consumers to use their=20
broadband connection to make phone calls, is highly promising, but in its=20
infancy: only a few hundred thousand Americans now use VoIP as their main=20
residential phone service. Fiber to the home, which could greatly increase=
=20
communications options for consumers, also is in a start up phase.=20
Broadband over power lines consists of a few small pilot programs. Phone=20
over cable TV lines is available in only a handful of markets. And for most=
=20
Americans, cell phones are a complement, not a substitute, for the nation=92=
s=20
183 million copper phone lines.
[SOURCE: CompTel/ASCENT]
http://www.comptelascent.org/public-policy/federal-regulatory/documents/...
/intermodal_res_guide_may19_2004.pdf
CompTel/ASCENT is the largest association representing facilities-based=20
carriers, providers using unbundled network elements, global integrated=20
communications companies, and their supplier partners.

FCC'S NUMBER PORTABILITY RULE LIKELY TO HURT RURAL CARRIERS
Starting Monday, cellphone customers in small and midsize markets will gain=
=20
the same right their big-market cousins enjoy: They'll get to keep their=20
numbers when they switch carriers. Analysts think this could cause a wave=20
of defections from small carriers to large companies like Verizon and=20
Sprint. But about 900, or 90%, of rural wireline companies have asked state=
=20
regulators for delays of several months.
[SOURCE: USAToday, AUTHOR:Paul Davidson]
http://www.usatoday.com/usatonline/20040521/6223180s.htm

INTERNET

CAN-SPAM ACT
Members of the Senate Commerce Committee heard testimony on the=20
effectiveness of the CAN-SPAM Act and the anticipated effect of new=20
anti-spam initiatives in curtailing the delivery of unwanted e-mail, known=
=20
as spam, to consumers. See links to testimony at the URL below.
A report on the hearing from Reuters (see link below) focuses on the=20
comments of spammer Ron Scelson who said he is now complying with the law,=
=20
but would start using deceptive tactics if large Internet Service Providers=
=20
like America Online continue to block his messages. He sends out=20
approximately 30 million messages a day (one-third of which are apparently=
=20
targeted at this email address) promoting a range of businesses from eBay=20
to car warranties.
[SOURCE: US Senate]
http://commerce.senate.gov/hearings/witnesslist.cfm?id=3D1199
[SOURCE: Reuters]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DYRCHBSP1B1NHQCRBAE...
A?type=3DinternetNews&storyID=3D5210736
See a similar article in the Washington Post
http://www.washingtonpost.com/wp-dyn/articles/A43622-2004May20.html
(requires registration)
See Also:
CAN-SPAM LAW NOT DOING THE JOB, SENATE COMMITTEE TOLD
Since the federal anti-spam law went into effect in January, consumers=20
appear to be receiving as much unwanted e-mail as ever, and Congress should=
=20
refine the law to make it more effective in blocking spam, the president of=
=20
Consumers Union testified today before a Senate committee. Jim Guest,=20
president of the non-profit publisher of Consumer Reports, told the Senate=
=20
Commerce Committee that 80 percent of respondents in a national online=20
survey conducted by the magazine reported no reduction in spam during the=20
three months after the law went into effect. About two-thirds also noted=20
that spam comprised at least half of their e-mails. =93In order to truly=20
can-spam, Congress will need to update the law to keep abreast of new=20
developments in technology, such as wireless spam, and keep on the trail of=
=20
elusive spammers who are finding new ways to beat spam filters and evade=20
anti-spam technologies,=94 Guest said. Guest said the magazine recommended=
to=20
policymakers in August that the law allow consumers to =93opt-in=94 to spam=
=AD=20
meaning they must give their permission to be e-mailed. However, the law=20
Congress passed only allows consumers to =93opt-out=94 of spam =AD meaning a=
=20
consumer must respond to each unwanted e-mail and ask not to be sent the=20
messages. =93We recommend consumers not click on unsubscribe or =91opt-out=
=92=20
links, as this may signal a spammer that the user=92s e-mail address works,=
=20
causing them to get more spam,=94 Guest said. =93Unfortunately, this leaves=
=20
users in a difficult position with perhaps no real remedy against spam for=
=20
the time being. =93Our bottom line is Congress should not place the burden=
on=20
consumers to fight the flood of spam, the burden should be on the=20
marketers,=94 he said. =93If we can stop solicitors from ringing our=
doorbells,=20
if we can stop solicitors from calling us at home, then there should be the=
=20
same protection in our view to stop spam.=94
[SOURCE: Consumers Union Press Release]
http://www.consumersunion.org/pub/core_telecom_and_utilities/001138.html...
e

WWW CONFERENCE MULLS WEB AS PERSONAL MEMORY STORE
Imagine you could recall every interesting conversation you have ever held=
=20
in your life -- every waking moment even. Some of us think we can (or did=20
before we had children, of course). But with advances in digital recording=
=20
and storage devices, one day we might be able to access any moment from our=
=20
lives instantly. Top Internet researchers attending the annual World Wide=20
Web conference in New York this week are wondering what it will mean. Now=20
that I've piqued your interest, there's other topics being covered, too,=20
like how to create a smarter "back" button on Internet browsers. Check it=20
out at http://www.www2004.org
[SOURCE: Reuters, AUTHOR: Eric Auchard]
http://www.reuters.com/newsArticle.jhtml;jsessionid=3DZUFN5Q4TAVEAGCRBAE...
A?type=3DtechnologyNews&storyID=3D5209463=20

--------------------------------------------------------------
Have a great weekend!

Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.

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