January 2006

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CONGRESSIONAL AGENDA
2006 in Congress
Upton: House Won't Take Up Second Digital TV Bill
Senate's Decency Witnesses Set

AT THE FCC
Martin Says He'll Steer Clear of Politics
FCC Reprimands More Stations Over Kids Rules

CABLE
Choice in cable channels? Debate heats up
Chief of BET Plans to Broaden Programming Appeal

GOVERNMENT & COMMUNICATION
The Lobbyist and the Media
The Freedom to Blog
Controlling Iraq's 'PBS'

QUICKLY -- Four NBC Stations for Sale; DirecTV 'close to wireless
strategy'; Verizon 'encouraged' by Fios service uptake; Create an
e-annoyance, go to jail; Coalition Announces Legislative Priorities; iPods
and Hearing Loss; Emergency Systems Ailing; The Power of "Signing Statements"

CONGRESSIONAL AGENDA

2006 IN CONGRESS
[SOURCE: CIO Magazine, AUTHOR: Grant Gross]
The U.S. Congress will face a broad range of technology-related issues,
including communications law reform and data-privacy issues, when it
returns to work in 2006. Telecom reform could take up a large chunk of
Congress' limited tech bandwidth, and other issues in Washington, D.C.,
including the Iraq war, could sidetrack tech issues. It's also an election
year, for all of the House of Representatives and a third of the Senate.
Congressional leaders will be under pressure to adjourn early in the fourth
quarter of the year, so that lawmakers can campaign for re-election. "The
political environment will only increase in intensity as we go through the
year," predicted Jack Krumholtz, Microsoft's managing director of federal
government affairs. That said, here are some tech-related issues likely to
come up in Congress during 2006. 1) Telecom reform: Last year, the House
Commerce Committee looked at two drafts of telecom reform legislation. A
key issue in 2006 will be net neutrality. Two large telecom carriers have
proposed walling off their broadband television services from other
Internet access. Net neutrality advocates -- including Microsoft, Google,
and eBay -- say such a provision is needed to prevent broadband providers
from selling off access to their highest speed services to a handful of
partners. Without a net neutrality provision, innovation online could be
hurt, with small, groundbreaking companies relegated to a second tier of
service, net neutrality advocates say. The House draft bills also would
streamline cable television franchising requirements, clearing the way for
telecom companies like Verizon and AT&T to offer broadband television in
competition with cable providers. Cable companies argue that the telecom
giants should jump through the same hoops as they had to, but the telecom
providers say it would take them decades to get thousands of local
franchise approvals.
http://www.cio.com/blog_view.html?CID=16095

UPTON: HOUSE WON'T TAKE UP SECOND DIGITAL TV BILL
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
With Congress having approved a firm deadline for the nation's transition
to digital television broadcasts, the House Commerce Committee will not
consider additional legislation this year dealing with DTV-related issues,
said Telecommunications and the Internet Subcommittee Chairman Fred Upton
(R-MI). He said a forthcoming rewrite of the 1996 Telecommunications Act
"will take all of our attention" in 2006. Rep Upton says the House will
give final approval to budget legislation that includes provisions on the
digital television transition on February 1. Two provisions of the
House-passed digital TV legislation were stripped from the final budget
reconciliation bill over concerns involving Senate procedural rules. One
provision was designed to increase consumer education of the DTV transition
by requiring some form of warning labels on analog-only televisions still
on the market. The other deleted item would have let cable operators
"down-convert" high-definition signals for analog cable customers; the
absence of this provision from the final legislation could force nearly 40
million households to upgrade and pay more for digital cable service. Rep
Upton acknowledged that the drawback of not considering a second DTV bill
this year is that these issues would not be addressed. But he contended
that the two provisions are not important enough to revisit separately. The
National Association of Broadcasters is pushing for a second DTV bill that
would address protections of digital content and "multicast must-carry," a
requirement that cable operators carry all of digital broadcasters signals.
http://www.njtelecomupdate.com/lenya/telco/live/tb-BUJT1136817208770.html

SENATE'S DECENCY WITNESSES SET
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Senate Commerce Committee has set the witness list for its Jan. 19
decency hearing. Testifiers will include: former president of the Motion
Picture Association of America, EchoStar Chairman and CEO Charlie Ergen,
Comcast Chairman/ CEO David Cohen, National Association of Broadcasters
Joint Board Chairman Bruce Reese; Parents Television Council President
Brent Bozell; CBS Executive VP Martin Franks; Screen Actors Guild President
Alan Rosenberg; and Jeff McIntyre of the American Psychological Association.
http://www.broadcastingcable.com/article/CA6298190?display=Breaking+News...
(free access for Benton's Headlines subscribers)
For more on hearing see
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1698

AT THE FCC

MARTIN SAYS HE'LL STEER CLEAR OF POLITICS
[SOURCE: EETimes, AUTHOR: David Benjamin]
Speaking at the Consumer Electronics Show last week, FCC Chairman Kevin
Martin made it clear that it is his job to mediate among a host of
contentious participants in a complicated industry while leaving political
controversies -- whenever possible -- to politicians and corporate
lobbyists. He emphasized that the FCC's job, in areas that range from
broadcast spectrum auctions to broadband deployment and Voice-over-Internet
Protocol (VoIP), is to ensure "a level playing field" and prioritize
consumer access. "It is critical that consumers have unfettered access to
the Internet and all the services it provides," said Chairman Martin.
"Washington could be concerned if providers were to block access to
information and sites traditionally available on the Internet." He added,
however, that broadband providers or broadcasters seeking payment for new,
costly, premium or value-added services need not fear FCC interference. In
fact, he said, under his leadership, the FCC won't step in to mediate
between providers and consumers until it has received direct complaints
from consumers.
http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=BBIMHPVU...
* FCC Chief Opens Door To Tiered, High-Speed Internet
http://www.njtelecomupdate.com/lenya/telco/live/tb-FBRB1136842420157.html

FCC REPRIMANDS MORE STATIONS OVER KIDS RULES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The FCC admonished two more TV stations for violating kids TV reporting
rules, but approved their license renewals anyway. WWAZFond Du Lac, Wis.,
was cited for running a commercial in kids show The Nana Puddin' Show, for
Puddin' branded products. Pax's WTPX Antigo, Wis., was reprimanded for
failing to provide electronic program guide publishers the correct target
age of its FCC-friendly educational programming, as FCC rules require.
http://www.broadcastingcable.com/article/CA6298058?display=Breaking+News...
(free access for Benton's Headlines subscribers)

CABLE

CHOICE IN CABLE CHANNELS? DEBATE HEATS UP
[SOURCE: The Christian Science Monitor, AUTHOR: Randy Dotinga]
With everyone from consumer groups and minority organizations watching
closely, Congress is poised to decide whether to enter a roiling debate
over cable and satellite bills. At issue is whether paying for TV channels
should be like shopping at the supermarket, where customers choose the
products they purchase, or like buying a newspaper, which comes packaged
with the same sports, business, and comics sections regardless of whether
readers want them all. It's hardly a minor debate in a country where more
than 90 million households subscribe to cable and satellite TV, with many
forced to pay for dozens of channels regardless of how many they watch.
Minority and religious cable networks are working to stop a la carte
pricing. In a newspaper column, the Rev. Jerry Falwell, whose ministries
run a cable/satellite channel, wrote that it "threatens to purge Christian
broadcasts from the vast majority of US households.... In our zeal to
protect our children from 'Sex and the City,' we should not adopt policies
that would prevent millions from hearing the gospel."
http://www.csmonitor.com/2006/0110/p03s03-ussc.html

CHIEF OF BET PLANS TO BROADEN PROGRAMMING APPEAL
[SOURCE: New York Times, AUTHOR: Lynette Clemetson]
Debra L. Lee is the new chief of Black Entertainment Television and one of
the most powerful women in media. At the annual winter gathering of the
Television Critics Association, she will introduce a beefed-up creative
team and original programming that, she said, signals "a new day" for BET.
The shifts at BET coincide with an even larger transition at its parent
company, Viacom, which bought the cable enterprise from founder Robert
Johnson for $3 billion in 2000. Last week the entertainment conglomerate
completed its split into two companies, the CBS Corporation and Viacom Inc.
BET now accounts for a larger part of the slimmed-down Viacom, which also
owns Paramount Pictures, Famous Music and the stable of channels under MTV
Networks including MTV, VH1, Nickelodeon and Comedy Central. Viacom
executives are hoping for even greater success from BET, which has
maintained revenue growth of 20 percent a year over the last five years and
had a 17 percent increase in viewers last year. Ms. Lee and her new team
may have a limited grace period with their critics. The cable channel has
canceled nearly all of its news and public affairs programs in recent
years. In July, it cut its nightly newscast in favor of news briefs
throughout the day. The moves have left many black public figures
increasingly frustrated, even as they continue to work with the company
from time to time. "There has been such a pandering to younger people,"
said the activist and writer Kevin Powell, 38, who covered the 2004
political conventions for the channel and appeared on many of its news
programs. "I'm on the college circuit a hundred times a year, and people
always ask me what is wrong with BET. We have to stop participating in the
one-dimensional portrayals of ourselves. And BET as the premier television
network for black people has to take the lead on that."
http://www.nytimes.com/2006/01/10/arts/television/10bet.html
(requires registration)
* To Reach the Heights, First Be Male
[SOURCE: New York Times 1/9, AUTHOR: David Carr]
[Commentary] As some women in the media business found out last week, once
you get through the ceiling, you find a secret glass treehouse suspended
far above your head. That's where the men sit.
http://www.nytimes.com/2006/01/09/business/09carr.html
(requires registration)

GOVERNMENT & COMMUNICATION

THE LOBBYIST AND THE MEDIA
[SOURCE: Miami Herald, AUTHOR: Edward Wasserman edward_wasserman( at )hotmail.com]
[Commentary] Beneath the glare of high-stakes political corruption, the
unfolding scandal of former lobbyist and current felon Jack Abramoff has a
media angle too, which involves his low-light stable of secretly paid
commentators. Media coverage, predictably, has focused almost exclusively
on the writers who accepted Abramoff's money. But what about the newspapers
that accepted their work? Do editors really believe that the $200 they pay
for that sophisticated column defending the health-insurance industry
actually covers the cost of the work the column required? Of course not.
But it's, ''Don't ask, don't tell.'' They say nothing, because their work
depends on this payola. But even with disclosure, the picture will be
murky. If mainstream journalism and commentary become the work of
professional wordsmiths who are perpetually on the hustle, the challenge to
ethical journalism will be severe. The future of a practice that's
dedicated, however imperfectly, to truth-seeking in the public interest and
that tries to stay free of undisclosed personal entanglements and conflicts
will be far from sure.
http://www.miami.com/mld/miamiherald/news/opinion/13581275.htm

THE FREEDOM TO BLOG
[SOURCE: Los Angeles Times, AUTHOR: Editorial Staff]
[Editorial] US companies such as Microsoft, Yahoo and Google have a
responsibility to their shareholders to stand up for the profitable
operation of their businesses in China. Trying to anticipate every concern
of the propaganda ministry is no way to win long-term customers. Fighting
for the right to conduct business fairly and reasonably is the mark of
every Western company that has succeeded in China. US companies also have
an obligation, as leaders in a global medium defined by open information,
to protect basic rights of individuals to express themselves without
censorship -- within reason. "Within reason" are the key words here. It is
within reason for China to demand that U.S. companies comply with Chinese
laws and regulations. What is not within reason is a Chinese demand for
compliance with unwritten whims.
http://www.latimes.com/news/printedition/opinion/la-ed-blogger10jan10,1,...
(requires registration)

IRAQ'S 'PBS' ACCUSED OF SECTARIAN SLANT
[SOURCE: The Christian Science Monitor, AUTHOR: Charles Levinson]
Nearly 50 percent of Iraqis tune into Al Iraqiya, a state funded news
channel. The country's leading network was founded in 2003 by the US-led
Coalition Provisional Authority (CPA). Critics say that Iraq's version of
America's Public Broadcasting Service (PBS) has simply become a propaganda
tool for the country's leading Shiite politicians. Al Iraqiya was meant to
stand as a model for a burgeoning independent press, but seems to have
instead become one more political spoil for its competing factions. An
important battle has been brewing for much of the past year: the fight for
control of Al Iraqiya - which according to a recent Ipsos Stat poll is
Iraq's most watched network - and its umbrella company, the Iraqi Media
Network (IMN). In addition to controlling Iraq's most-watched television
station, IMN owns the country's leading daily newspaper, Al Sabbah, and a
popular radio station. It was meant to be an independent media company
protected from the country's political wrangling by a nine person board of
governors. But many Iraqis say that hasn't happened. They view the IMN
instead as one more sectarian battlefield in an increasingly divided
country. Many, including the IMN's own board of governors, say top
government officials have repeatedly interfered with its editorial
decisions. Iraq's Shiite Prime Minister Ibrahim Jaafari, they say,
effectively took control of the company after taking power last year. His
office, they allege, worked to turn the IMN's various media outlets into
mouthpieces for his policies and Dawa Party allies, hiring and firing
editors, and directing editorial policy. (hey, if it works in America...)
http://www.csmonitor.com/2006/0110/p06s01-woiq.html

QUICKLY

FOUR NBC STATIONS FOR SALE
[SOURCE: Broadcasting&Cable, AUTHOR: John M. Higgins & Allison Romano]
Four NBC owned and operated stations are apparently up for sale. The
properties are in NBC's smallest markets: Raleigh, N.C.; Columbus, Ohio;
Birmingham, Ala.; and Providence, R.I. Together, they constitute about 7%
of the NBC and Telemundo stations' total reach of 41.7 million TV homes.
They're generally healthy, with each ranked among the top stations in late
news. The company is hoping the sales will generate ~$600 million. NBC
stations group President Jay Ireland wants to shed smaller markets and
concentrate in markets where NBC can own a station duopoly or in markets
with strong Hispanic demographics to feed the owned-and-operated stations
of NBC's Spanish-language broadcast network, Telemundo. For example, NBC
recently bought a station in the increasingly Latino Las Vegas market. The
company owns 29 stations, 14 NBC properties and 15 Telemundo affiliates.
All NBC's O&Os are being pinched by the steep slide in the parent network's
ratings.
http://www.broadcastingcable.com/article/CA6298005?display=Breaking+News...
(free access for Benton's Headlines subscribers)

DIRECTV 'CLOSE TO WIRELESS STRATEGY'
[SOURCE: Financial Times, AUTHOR: Aline van Duyn]
Rupert Murdoch, chairman and chief executive of News Corp, said on Monday
the group's DirecTV satellite television arm was close to deciding a
strategy on how to enter the wireless high-speed Internet market, with a
plan due within two months. Murdoch, whose company owns a controlling stake
in DirecTV, said the satellite group could invest about $1 billion in a
deal to provide Internet access, a two-way service which cannot be directly
offered via satellite links.
http://news.ft.com/cms/s/4b1f607c-813d-11da-8b55-0000779e2340.html
(requires subscription)

VERIZON 'ENCOURAGED' BY FIOS SERVICE UPTAKE
[SOURCE: Financial Times, AUTHOR: Paul Taylor]
Verizon says that in Keller (TX), where the company rolled out the Fios TV
service in late September, market penetration has reached about 20 per
cent. Verizon has made its advanced fiber optic network potentially
available in more than 3 million homes or businesses in 16 states and said
it is "encouraged" by the uptake of its Fios TV service.
http://news.ft.com/cms/s/a73dba3e-815b-11da-8b55-0000779e2340.html
(requires subscription)

CREATE AN E-ANNOYANCE, GO TO JAIL
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
[Commentary] Last Thursday, President Bush signed into law a prohibition on
posting annoying Web messages or sending annoying e-mail messages without
disclosing your true identity. (Honest, as annoying as I am, I really am
Kevin Taglang -- or so claim my parents.) The new law is part of
the Violence Against Women and Department of Justice Reauthorization Act.
Criminal penalties include stiff fines and two years in prison.
http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022...

COALITION TO KEEP AMERICA CONNECTED OUTLINES LEGISLATIVE PRIORITIES FOR 2006
[SOURCE: Coalition to Keep America Connected press release]
On Friday, the Coalition to Keep America Connected unveiled its 2006
agenda, which calls on Congress and the Federal Communications
Commission to foster a policy environment that will ensure all consumers
have access to affordable telecommunications services and the latest
technologies -- no matter where they live. (Um, don't the Congress and the
FCC live in Washington?) The Coalition identified a set of principles for
which its members will advocate as policymakers move forward with a rewrite
of the Communications Act. The top three principles include: 1) reforming
universal service that ensures consumers are able to receive the latest
technologies at affordable prices; 2) restructuring intercarrier
compensation so that all carriers pay to use the network of another; and 3)
providing non-discriminatory access to programming and networks so
consumers have access to affordable content that others might provide. In
doing so, the Coalition argues, Congress will ensure all consumers -- no
matter where they live -- will have access to the latest technologies and
services at prices that are fair and affordable.
http://www.keepamericaconnected.org/

iPODS AND HEARING LOSS
[SOURCE: Wall Street Journal, AUTHOR: Jane Spencer jane.spencer( at )wsj.com]
As use of portable MP3 music players soars, concerns are emerging that the
gadgets may contribute to hearing damage. Some doctors say they are seeing
younger and younger patients with signs of noise-induced hearing loss that
wouldn't typically emerge before middle age. And they are worried that the
constant use of MP3 players, which blare music directly into the ears, may
be partly to blame. Similar concerns were raised when the first generation
of portable music players, including Sony's Walkman, hit the market in the
1980s. But the latest portable stereos -- including Apple Computer's iPod
-- can hold thousands of songs and have longer-lasting batteries than older
players. As a result, people are listening to the devices for much longer
periods of time. Because hearing damage is directly related to the duration
of exposure -- not just the volume -- one concern is that the steady,
long-term exposure to even moderately loud music could contribute to
premature hearing loss. Roughly 38 million MP3 players were shipped to U.S.
retailers in 2005 and an estimated 28% of the U.S. population owns a
player. Apple controls about 70% of the MP3 player market. At peak levels
iPods can hit volumes close to 115 decibels, research has found -- a level
that falls somewhere between a chainsaw and jackhammer -- but all MP3
players pose an equal theoretical risk.
http://online.wsj.com/article/SB113685799723842312.html?mod=todays_us_pe...
(requires subscription)

EMERGENCY SYSTEMS AILING
[SOURCE: Washington Post, AUTHOR: Ceci Connolly]
Few states are equipped to handle emergency medical crises such as a
terrorist attack, a natural disaster or an influenza outbreak, according to
an analysis being released today by the American College of Emergency
Physicians. The organization gave an overall grade of C-minus to emergency
care in the 50 states and the District of Columbia, with more than half
earning below-average scores in areas dealing with the availability of
hospital beds and emergency specialists, immunization rates,
injury-prevention programs, malpractice laws and sophistication of 911
telephone systems.
http://www.washingtonpost.com/wp-dyn/content/article/2006/01/09/AR200601...
(requires registration)

BUSH USING A LITTLE-NOTICED STRATEGY TO ALTER BALANCE OF POWER
[SOURCE: Knight Ridder Washington Bureau, AUTHOR: Ron Hutcheson and James
Kuhnhenn]
No, this is not explicitly telecom-related, but it is potentially about
every bill passed by Congress. President Bush has used signing statements
to reject, revise or put his spin on more than 500 legislative provisions.
Experts say he has been far more aggressive than any previous president in
using the statements to claim sweeping executive power -- and not just on
national security issues. Signing statements don't have the force of law,
but they can influence judicial interpretations of a statute. They also
send a powerful signal to executive branch agencies on how the White House
wants them to implement new federal laws.
http://www.realcities.com/mld/krwashington/news/columnists/ron_hutcheson...
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Communications-related Headlines is a free online news summary service
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policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
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