October 2007

Two big events today: first, at the FCC, an open=20
meeting and localism hearing; second, another=20
House hearing examining the status of the DTV=20
transition (see=20
http://energycommerce.house.gov/cmte_mtgs/110-ti-hrg.103107.Witness.List...
f).=20
For these and other upcoming media policy events,=20
see http://www.benton.org/?q=3Devent

OWNERSHIP
Americans oppose media market concentration
Jackson Accuses FCC's Martin of Promoting 'Anti-Diversity Agenda'
DOJ clears AT&T's purchase of Dobson

NEWS FROM CONGRESS
Broadband Census Bill Moves in House
Community Broadband Bill Approved by Senate Commerce Committee
Senate Commerce Committee Approves Local Community Radio Act
Congress OKs no Internet taxes
House Republicans Seek Info on GAO DTV Study
House, Senate panels OK extension of no-call list

BROADCASTING/CABLE
New TV Diversity Report
FCC Move on Cable in Apartments May Spur Lashback, Housing Official Says
Willner Fights for Dual Carriage Exemption
Nielsen: 11.3% of U.S. Receive HDTV

ADVERTISING
Fox Super Bowl Inventory 90 Percent Sold

GOVERNMENT & COMMUNICATIONS
Justices Hear Arguments on Internet Pornography Law
Surveillance Sanity
House Democrats stall on FISA vote

QUICKLY -- To Implement Policy, Bush to Turn to=20
Administrative Orders; 1 Billion New Cellphone=20
Users In 3 Years; Chris Boskin Elected Chair of=20
CPB; USAC Board Nominations Deadline Extended

OWNERSHIP

AMERICANS OPPOSE MEDIA MARKET CONCENTRATION
[SOURCE: Reuters]
More than half of Americans surveyed said it=20
should be illegal for a company to own both a=20
newspaper and a television station in the same=20
market, a coalition of consumer and=20
telecommunications advocacy groups said on=20
Wednesday. The Media and Democracy Coalition=20
released its survey the same day the Federal=20
Communications Commission was due to hold a=20
public meeting on media ownership. FCC Chairman=20
Kevin Martin wants the agency to decide by=20
December 18 on whether to ease limits on how many=20
media outlets a company may own in one market.=20
Longstanding FCC rules restrict cross-ownership=20
and ban ownership of a newspaper and a TV or=20
radio station in the same market without an FCC=20
waiver. The survey found 57 percent of=20
respondents favored laws against a company owning=20
a paper and TV station in the same market. That=20
level of support was roughly the same among the=20
political liberals, moderates and conservatives=20
surveyed. The survey also showed 70 percent of=20
respondents described media consolidation as a problem.
http://www.reuters.com/article/mediaNews/idUSN3021162020071031
* Public Rally for Better Media
http://www.freepress.net/press/release.php?id=3D293
* NOW President Kim Gandy to Testify at FCC=20
Hearing, Speak at Rally for Better Media
http://www.now.org/press/10-07/10-30.html

JACKSON ACCUSES FCC'S MARTIN OF PROMOTING 'ANTI-DIVERSITY AGENDA'
[SOURCE: TVWeek, AUTHOR: Ira Teinowitz]
Rev. Jesse Jackson is going on the offensive to=20
blast Federal Communications Commission Chairman=20
Kevin J. Martin, accusing him of pushing an=20
=93anti-diversity agenda.=94 Chairman Martin has=20
been pushing to revise media ownership rules=20
before fully addressing how the changes might=20
reduce minority ownership of stations while also=20
promoting the option of a la carte cable, which=20
could hurt minority-focused channels. Rev.=20
Jackson also was critical of a suggestion from=20
Chairman Martin that owners of TV stations ensure=20
minority programming by leasing to minority=20
broadcasters some of the additional stations they=20
can air as a result of the digital transition. He=20
warned that broadcasters would be more likely to=20
rent the channels to programmers who want home=20
shopping networks and infomercials, and that any=20
FCC effort to ensure that cable companies carry=20
those channels could prompt the cable companies=20
to limit some of the minority channels they now=20
carry. The proposal would give the minority=20
broadcasters a =93second-class status=94 and could=20
make matters worse rather than better, he said.=20
"The result would be that more non-minority=20
broadcast channels, under the ultimate control of=20
the same broadcasters who control the airwaves=20
today, would get must-carry status, with the=20
effect of squeezing out the precious channel=20
space that would otherwise be available to=20
prospective minority, women=92s and other emerging=20
cable and satellite programmers,=94 Rev. Jackson said.
http://www.tvweek.com/news/2007/10/jackson_accuses_fccs_martin_of.php
(requires free registration)
* Jackson Decries FCC=92s 'Anti-Diversity' Agenda
http://www.broadcastingcable.com/article/CA6495790.html?rssid=3D193

DOJ CLEARS AT&T'S PURCHASE OF DOBSON
[SOURCE: US Department of Justice]
Dobson Communications said the U.S. Department of=20
Justice has cleared AT&T's acquisition of Dobson=20
Communications Corporation on condition that AT&T=20
divest assets to address competition concerns in=20
seven markets in Kentucky, Oklahoma, Missouri,=20
Pennsylvania and Texas, including rights to the=20
=93Cellular One=94 brand. The Department said that in=20
certain areas the transaction would have resulted=20
in higher prices, lower quality, and diminished=20
investment in network improvements, and would=20
have substantially lessened competition to the=20
detriment of consumers of mobile wireless=20
telecommunications services. In three rural=20
service areas (RSAs) in Kentucky and Oklahoma,=20
AT&T and Dobson each hold one of the two cellular=20
licenses and are the most significant=20
competitors. In two RSAs in Missouri and Texas,=20
AT&T has a minority equity interest in, and=20
important control rights over, the primary=20
wireless competitor to Dobson. The Department=92s=20
Antitrust Division filed a civil lawsuit today in=20
U.S. District Court for the District of Columbia=20
to block the proposed transaction. At the same=20
time, the Department filed a proposed consent=20
decree that, if approved by the court, would=20
resolve the Department=92s competitive concerns and=20
the lawsuit. AT&T is the largest mobile wireless=20
telecommunications services provider in the=20
United States, measured by subscribers, offering=20
service to more than 63 million subscribers in 50=20
states. Dobson is the ninth largest mobile=20
wireless telecommunications services provider to=20
approximately 1.7 million subscribers in the=20
United States, offering service in 17 states. The=20
transaction is also subject to review by the Federal Communications Commiss=
ion.
* Justice Department Requires Divestitures in=20
AT&T=92s Acquisition of Dobson Communications
http://www.usdoj.gov/opa/pr/2007/October/07_at_863.html
* Dobson Communications says DOJ clears its buyout by AT&T
http://www.reuters.com/article/governmentFilingsNews/idUSN3028733020071030
* AT&T to sell rural cellular assets to buy Dobson
http://www.reuters.com/article/innovationNews/idUSWNAS923020071030
* AT&T Will Sell Holdings To Clear Dobson Deal
http://online.wsj.com/article/SB119376856890676456.html?mod=3Dtodays_us_...
ketplace

NEWS FROM CONGRESS

BROADBAND CENSUS BILL MOVES IN HOUSE
[SOURCE: Rep Ed Markey (D-MA)]
On Tuesday, the House Commerce Committee approved=20
legislation authored by Rep Ed Markey (D-MA),=20
that aims to provide more and better data about=20
the nature and extent of broadband deployment and=20
consumer adoption in the country. The bill, H.R.=20
3919, would also create a national, searchable=20
broadband availability map that will allow=20
consumers to find which service providers are=20
available in their areas and authorizes funds for=20
grants to local planning entities to increase=20
broadband deployment and usage on the local=20
level. Rep. Markey, Chairman of the House=20
Subcommittee on Telecommunications and the=20
Internet, said, =93This legislation reflects the=20
growing consensus =AD if not unanimity =AD around the=20
fact that current data collection methods used by=20
the Federal Communications Commission (FCC) are=20
inadequate and highly flawed. We must have more=20
reliable information about broadband deployment=20
and consumer adoption as a first step in=20
developing any comprehensive blueprint for=20
America's broadband future. If America hopes to=20
catch up with the rest of the broadband world, we=20
can't have policymakers flying blind with respect=20
to where service is and isn't deployed, the=20
speeds of such services, and consumer adoption=20
rates. A national, searchable map will assist=20
local communities to assess their own broadband=20
inventory. Moreover, local planning grants will=20
permit such communities to effectively organize=20
to spur deployment and usage of broadband services in local areas.=94
* Broadband Census Bill Approved by House Commerce Committee
http://markey.house.gov/index.php?option=3Dcontent&task=3Dview&id=3D3170...
emid=3D125
* House Committee Approves =91Broadband Census of America Act=92 (Free Pres=
s)
"The Broadband Census of America Act promises to=20
provide us with the ground-level information we=20
need to bring affordable, high-speed broadband to=20
all Americans... This bill represents a giant=20
leap forward in our knowledge and will help=20
spotlight the market failures that threaten to=20
stunt innovation and endanger our global=20
competitiveness. We cannot evaluate problems that=20
we don't measure or study -- much less can we=20
solve them. So it is with great relief that the=20
House has advanced the Broadband Census of=20
America Act. We don't have any time to lose."
http://www.freepress.net/press/release.php?id=3D294
* House, Senate Committees Pass Broadband Bills
http://www.broadcastingcable.com/article/CA6495815.html?rssid=3D193
* U.S. lags in broadband service spread, speed
[SOURCE: Associated Press, AUTHOR: Peter Svensson]
The United States is starting to look like a=20
slowpoke on the Internet. Examples abound of=20
countries that have faster and cheaper broadband=20
connections, and more of their population=20
connected to them. What's less clear is how badly=20
the country that gave birth to the Internet is=20
doing, and whether the government needs to step=20
in and do something about it. The Bush=20
administration has tried to foster broadband=20
adoption with a hands-off approach. If that's=20
seen as a failure by the next administration, the=20
policy may change. In 2004, President Bush called=20
for nationwide broadband access by 2007, to be=20
nurtured by an absence of taxation and little=20
regulation. The U.S. is very close to Bush's=20
goal, thanks to the availability of satellite=20
broadband across the lower 48 states.
http://www.myrtlebeachonline.com/business/story/234806.html

COMMUNITY BROADBAND BILL APPROVED BY SENATE COMMERCE COMMITTEE
[SOURCE: US Senate Commerce Committee]
On Tuesday, the Senate Commerce Committee=20
approved legislation cosponsored by to increase=20
access to broadband services for cities and towns=20
across America. The bill, the Community Broadband=20
Act of 2007 (S.1853), would allow municipalities=20
to help fill the void in broadband access and=20
enhance public safety development while bringing=20
broadband services to their residents. The=20
Community Broadband Act of 2007 would=20
specifically: set forth that no state or local=20
regulation or requirement can prevent a public=20
provider from offering broadband services;=20
require a municipality offering high-speed=20
Internet services to comply with federal=20
telecommunications law or regulation that applies=20
to all such providers; encourage public-private=20
partnerships; and provide the public with notice=20
and an opportunity to be heard before a=20
municipality provides broadband to the public.=20
The bill is sponsored by Senator Frank Lautenberg=20
(D-N.J.), and cosponsored by Senators Ted Stevens=20
(R-Alaska) Gordon Smith (R-Ore.), John Kerry=20
(D-Mass.), John McCain (R-Ariz.), Claire=20
McCaskill (D-Mo.) and Olympia Snowe (R-Maine).=20
The bill now awaits action by the full Senate.
http://commerce.senate.gov/public/index.cfm?FuseAction=3DPressReleases.D...
il&PressRelease_id=3D248976&Month=3D10&Year=3D2007
* Senate Bill Would Help Connect Local Communities (Free Press)
"The Community Broadband Act will empower local=20
communities to deliver essential high-speed=20
Internet access to all their citizens.... The=20
Community Broadband Act will provide local=20
governments, schools, nonprofits and=20
disadvantaged communities with faster, cheaper=20
and more reliable broadband service. With=20
millions still lacking the economic benefits of=20
high-speed Internet, this legislation could not be more critical."
http://www.freepress.net/press/release.php?id=3D292

SENATE COMMERCE COMMITTEE APPROVES LOCAL COMMUNITY RADIO ACT
The Senate Commerce Committee approved the Local=20
Community Radio Act of 2007 (SR 1675), a bill=20
aimed at substantially expanding the number of=20
community media outlets in the United States. The=20
bill is designed to implement the recommendations=20
of the Federal Communications Commission=20
regarding Low Power FM, allowing thousands more=20
Low Power FM community radio stations to reach=20
Americans in cities, and all across the country.=20
The bill was introduced by Sens John McCain=20
(R-AZ) and Maria Cantwell (D-WA). A companion=20
bill was introduced in the House in June 2007 and=20
has been referred to the Subcommittee on=20
Telecommunications and the Internet. It was=20
introduced by Reps Mike Doyle (D-PA) and Lee=20
Terry (R-NE) and has 55 cosponsors. "Low Power FM=20
radio was limited back in 2000, when the big=20
broadcasters tried to convince America that=20
100-watt community radio stations would interfere=20
with the biggest stations in America's biggest=20
cities," said Prometheus technical director Pete=20
Tridish. "At Congress' demand, the FCC proved=20
that there was plenty of room for low power FM=20
radio. With today's vote, and with the growing=20
momentum to expand low power FM radio in the=20
House of Representatives, communities across the=20
country have a reason to celebrate."
* Senate Committee Votes to Expand Low Power FM=20
Radio! (Prometheus Radio Project)
http://prometheusradio.org/content/view/573/1/
* More Local Radio One Step Closer to Reality (Free Press)
"The Local Community Radio Act will open the=20
radio dial to thousands more new LPFM stations,=20
while still protecting incumbent broadcasters=20
from interference. LPFM stations help provide=20
information and perspectives crucial to=20
communities that are often ignored by mainstream=20
radio. But these intensely local outlets have=20
been limited to rural areas, denying thousands of=20
would-be LPFM station operators the opportunity=20
to serve their community. The Local Community=20
Radio Act would change the rules and authorize=20
the FCC to license countless new LPFM stations in=20
urban and suburban communities across the=20
country. This legislation is an important=20
milestone on the path toward a media system that=20
is accountable to local citizens."
http://www.freepress.net/press/release.php?id=3D291

CONGRESS OKs NO INTERNET TAXES
[SOURCE: Associated Press, AUTHOR: John Dunbar]
Who says Congress doesn't move in a timely=20
fashion? A bill to extend a moratorium on=20
Internet access taxes for seven years was=20
approved 402-0 by the House Tuesday, less than=20
two days before it was set to expire. The House=20
initially approved a four-year ban, but last week=20
the Senate passed a seven-year prohibition,=20
despite considerable support for a permanent ban.=20
The provision amounts to a moratorium on state=20
and local taxes, said David Quam, director of=20
federal relations with the National Governors=20
Association. And with the Internet changing=20
rapidly, the issue should be revisited=20
periodically, he said. In addition to lengthening=20
the ban from four years to seven years, the=20
legislation also contains a provision aimed at=20
preventing state and local governments from=20
assessing taxes beyond those levied on simple=20
Internet access. At the urging of Sen. Ron Wyden=20
(D-OR), the legislation specifically prohibits=20
taxation on e-mail and instant messaging services=20
"that are provided independently or not packaged=20
with Internet access." The extension also exempts=20
some states that approved taxes prior to the original enactment.
http://money.cnn.com/2007/10/30/technology/internet_taxes.ap/index.htm?s...
ion=3Dmoney_technology
* Bill extending Internet tax ban goes to Bush
http://www.reuters.com/article/technologyNews/idUSN3017595320071030
* Congress Extends Internet-Tax Moratorium
http://www.broadcastingcable.com/article/CA6495678.html?rssid=3D193
* Congress Backs Ban on Internet Tax
http://online.wsj.com/article/SB119380319557977406.html?mod=3Dtodays_us_...
e_one
* House Approves 7-Year Ban on Internet Tax
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/30/AR200710...
2021.html

HOUSE REPUBLICANS SEEK INFO ON GAO DTV STUDY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
In a letter to the Government Accountability=20
Office, Reps Joe Barton (R-TX) and Fred Upton=20
(R-MI) requested information from the GAO about=20
its planned study of demand for digital-to-analog=20
converter boxes. The Consumer Electronics=20
Association has already completed a study that=20
finds that about 24 million analog sets will need=20
the converters to still get pictures after the=20
Feb. 17, 2009, conversion to digital=20
broadcasting. The Republican-backed plan for a=20
government subsidy of $40 toward the $60-$70=20
price tag for those boxes would cover about 33.5=20
million, so the industry study suggests that=20
there is plenty of money to help everyone who=20
will need it. Reps Barton and Upton have asked the GAO to respond by Nov 12.
http://www.broadcastingcable.com/article/CA6495687.html?rssid=3D193

HOUSE, SENATE PANELS OK EXTENSION OF NO-CALL LIST
[SOURCE: Associated Press]
Congress took the first steps Tuesday to ensure=20
that people who registered for the national Do=20
Not Call list won't be inundated next year with=20
telemarketing calls at dinnertime. At separate=20
House and Senate committee sessions, lawmakers=20
passed legislation that makes most of the 145=20
million phone numbers on the list permanent by=20
eliminating a five-year expiration date=20
established by the Federal Trade Commission, which administers the program.
http://www.siliconvalley.com/latestheadlines/ci_7328117

BROADCASTING/CABLE

NEW TV DIVERSITY REPORT
[SOURCE: Associated Press, AUTHOR: Lynn Elber]
Employment opportunities for Hispanics at the=20
major broadcast television networks is on the=20
rise, but the picture was deemed less bright by=20
other minority groups. "The number of American=20
Latinos both in front and back of camera has=20
increased, but they are incremental numbers in=20
proportion to the (Latino) population," said=20
National Latino Media Council chair Esteban=20
Torres. In a report card issued by the Asian=20
Pacific American Media Coalition, none of the=20
networks improved its overall grade from last=20
year. A total of 29 Asian Americans were cast in=20
regular roles in prime-time programs, just two=20
more than last year, and many roles lacked=20
"significant air time." The NAACP stopped=20
participating in the annual report cards a few years ago.
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/30/AR200710...
2014.html
(requires registration)
* ABC wins top grade for diversity
http://today.reuters.com/news/NewsArticle.aspx?type=3DtelevisionNews&sto...
D=3D2007-10-31T070148Z_01_N31251200_RTRIDST_0_TELEVISION-DIVERSITY-DC.XML

FCC MOVE ON CABLE IN APARTMENTS MAY SPUR LASHBACK, HOUSING OFFICIAL SAYS
[SOURCE: TVWeek, AUTHOR: Ira Teinowitz]
David Brown, president of the New Jersey=20
Association of Black Housing Administrators, said=20
blocking developers from requiring residents to=20
use a specific cable system could generate a new=20
wave of litigation from cities against the=20
Federal Communications Commission. He said the=20
contracts can benefit residents of buildings and=20
complexes by providing discounts and better=20
customer service in return for exclusivity. He=20
questioned the FCC's legal authority to ban such=20
contracts. He also warned that allowing multiple=20
cable companies to serve a complex would create=20
=93a logistical nightmare.=94 Robert de Posada,=20
executive director of the National Coalition of=20
Latino Clergy & Christian Leaders, also warned=20
against a ban, saying carefully negotiated=20
contracts that guarantee services and big discounts could be overturned.
http://www.tvweek.com/news/2007/10/developers_cable_deals_could_d.php
(requires free registration)
* FCC Ready to Ban Exclusive Cable Contracts
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/30/AR200710...
2042.html

WILLNER FIGHTS FOR DUAL CARRIAGE EXEMPTION
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
In House testimony to be delivered Wednesday,=20
Insight Communications CEO Michael Willner calls=20
for a blanket exemption for small cable TV=20
operators from new digital TV station carriage=20
rules adopted by the Federal Communications=20
Commission in September. =93While small systems=20
have a strong interest in and will ensure that=20
their customers can receive the broadcasters=92=20
signal after the digital transition, they should=20
not be forced to use their limited capacity for=20
dual carriage when rural and smaller market=20
customers are demanding advanced services, like=20
faster broadband and digital telephone,=94 Willner=20
will testify, according to an advanced copy of=20
his testimony before the House Subcommittee on=20
Telecommunications and the Internet.
http://www.multichannel.com/article/CA6495858.html?rssid=3D196

NIELSEN: 11.3% OF US RECEIVE HDTV
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
Nielsen said Tuesday that 13.7% of TV households=20
in the U.S. are equipped with an HDTV and HD=20
tuner capable of receiving signals in HD, while=20
11.3% are equipped with an HD television and HD=20
tuner and receive at least one HD network or=20
station. Los Angeles has the highest penetration=20
of HD-capable homes at 20.4%, and New York has=20
the highest penetration of HD-receivable homes,=20
17.5%. Nielsen also reported that among U.S.=20
Hispanic or Latino households, 10.4% are HD=20
capable and 8.2% are HD receivable. Among=20
African-American households, 8.1% are HD capable and 6.9% are HD receivable.
http://www.multichannel.com/article/CA6495810.html?rssid=3D196
* Nielsen Releases High Definition TV (HDTV)=20
Household Estimates for Total U.S. and Local People Meter Markets
http://www.nielsen.com/media/2007/pr_071030a.html
* Nielsen Gives Fuzzy Picture of HDTV Penetration
http://www.broadcastingcable.com/article/CA6495849.html?rssid=3D193

ADVERTISING

FOX SUPER BOWL INVENTORY 90 PERCENT SOLD
[SOURCE: MediaWeek, AUTHOR: John Consoli]
Fox has sold north of 90 percent of its in-game=20
Super Bowl inventory or about 52 of the 58 units,=20
nearly three months before the Feb. 3, 2008=20
telecast. That sales pace is in stark contrast to=20
the past several years when the broadcast network=20
airing the Super Bowl scrambled to sell its=20
in-game commercial inventory right up until game=20
time in February. Fox has offered advertisers two=20
innovations as value-added incentives which=20
helped motivate particularly movie companies and=20
automakers to jump in in a bigger way: 1) A deal=20
between Fox and MySpace will enable in-game Super=20
Bowl advertisers to have their commercials placed=20
on a special Super Bowl site on MySpace, where=20
the advertisers can also add special video, such=20
as extended movie trailers. The MySpace site will=20
be promoted during the Super Bowl telecast to=20
drive viewers to the site. 2) Fox will also=20
create a Red Carpet arrival area for celebrities=20
attending the Super Bowl that will be hosted=20
during the pre-game telecast by American Idol=92s=20
Ryan Seacrest. Movie companies buying in-game=20
Super Bowl spots, as a value added by Fox, will=20
be able to parade its stars of upcoming movies on=20
the Red Carpet and be asked a question about the=20
movie by Seacrest. Also working in Fox=92s favor,=20
has been the tight ad inventory situation in the=20
TV marketplace, particularly on the broadcast=20
entertainment side, that has apparently motivated=20
advertisers to jump in earlier rather than risk being shut out.
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=3D100...
5425
* Super Bowl Is 90% Sold Out
[SOURCE: AdAge, AUTHOR: Brian Steinberg]
http://adage.com/mediaworks/article?article_id=3D121640

GOVERNMENT & COMMUNICATIONS

JUSTICES HEAR ARGUMENTS ON INTERNET PORNOGRAPHY LAW
[SOURCE: New York Times, AUTHOR: Linda Greenhouse]
The Supreme Court seem likely to uphold the=20
constitutionality of a 2003 law called the=20
Protect Act, the latest in a line of laws aimed=20
at regulating Internet content. At the least, the=20
Justices seemed likely to support a version of it=20
they would construe narrowly to allay concerns=20
the law is so broadly written as to make it a=20
crime to share or even describe depictions of=20
children in explicit sexual situations, even if=20
the depictions are inaccurate, the supposed=20
children do not really exist and the intention is=20
innocent. Those concerns led the federal appeals=20
court in Atlanta to declare the Protect Act unconstitutional last year.
http://www.nytimes.com/2007/10/31/washington/31scotus.html?ref=3Dtodaysp...
(requires registration)

SURVEILLANCE SANITY
[SOURCE: Wall Street Journal, AUTHOR: Benjamin=20
Civiletti, Dick Thornburgh, William Webster]
[Commentary] Public disclosure of the NSA program=20
brought a flood of class-action lawsuits seeking=20
to impose massive liability on phone companies=20
for allegedly answering the government's call for=20
help. The Senate Intelligence Committee has=20
reviewed the program and has concluded that the=20
companies deserve targeted protection from these=20
suits. The protection would extend only to=20
activities undertaken after 9/11 until the=20
beginning of 2007, authorized by the president to=20
defend the country from further terrorist attack,=20
and pursuant to written assurances from the=20
government that the activities were both=20
authorized by the president and legal. We agree=20
with the committee. Dragging phone companies=20
through protracted litigation would not only be=20
unfair, but it would deter other companies and=20
private citizens from responding in terrorist=20
emergencies whenever there may be uncertainty or=20
legal risk. For hundreds of years our legal=20
system has operated under the premise that, in a=20
public emergency, we want private citizens to=20
respond to the government's call for help unless=20
the citizen knows for sure that the government is=20
acting illegally. If Congress does not act now,=20
it would be basically saying that private=20
citizens should only help when they are=20
absolutely certain that all the government's=20
actions are legal. Given the threats we face in=20
today's world, this would be a perilous policy.
http://online.wsj.com/article/SB119379463805177092.html?mod=3Dtodays_us_...
nion
(requires subscription)

HOUSE DEMOCRATS STALL ON FISA VOTE
[SOURCE: The Hill, AUTHOR: Jackie Kucinich]
House Majority Leader Steny Hoyer (D-Md.) has=20
postponed a vote to amend the 1978 Foreign=20
Intelligence Surveillance Act for at least a=20
week, and a Hoyer aide told The Hill there was no=20
indication the bill would go back to the floor=20
=93anytime soon.=94 The bill was pulled after=20
Republicans introduced a motion to recommit that=20
any changes to FISA would exempt al Qaeda and=20
Osama bin Laden. Because of the way the motion=20
was written, it would have effectively killed the=20
bill had it passed. But many Democrats would have=20
had a hard time opposing such a motion and then=20
explaining it to voters. Hoyer=92s spokeswoman also=20
denied that House Democratic leaders were waiting=20
on the Senate Judiciary Committee, which will=20
start its markup of the bill=92s Senate version=20
Wednesday. The Senate Intelligence panel has=20
passed a FISA rewrite that includes limited=20
retroactive immunity for telecommunications firms=20
that cooperated with the National Security=20
Agency=92s warrantless surveillance program. Many=20
Democrats oppose that provision, which is not in=20
the House bill, and some on the Senate Judiciary=20
panel may try to change or strip that language.
http://thehill.com/index.php?option=3Dcom_content&task=3Dview&id=3D69481...
emid=3D70

QUICKLY

TO IMPLEMENT POLICY, BUSH TO TURN TO ADMINISTRATIVE ORDERS
[SOURCE: Washington Post, AUTHOR: Michael Abramowitz and Jonathan Weisman]
The White House plans to try implementing as much=20
new policy as it can by administrative order=20
while stepping up its confrontational rhetoric=20
with Congress after concluding that President=20
Bush cannot do much business with the Democratic leadership.
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/30/AR200710...
0558.html
(requires registration)

1 BILLION NEW CELLPHONE USERS IN 3 YEARS
[SOURCE: TelecomWeb]
More than one billion new wireless subscribers=20
will sign up during the next 36 months, creating=20
"unprecedented changes" in the mobile market=20
where there are now 2.8 billion subscribers=20
globally, according to new predictions by Pyramid=20
Research. The research house also predicts 87=20
percent of those billion new users are going to=20
come from what it terms "emerging economies,"=20
with 71 percent coming from parts of the world=20
with urbanization levels at less than 50 percent.=20
The result, it says, is that by 2010, about 74=20
percent of all cellphone users globally will live=20
in those emerging economies. India and China will=20
be the largest markets in terms of growth - with=20
India representing more new subscribers than=20
China despite the difference in population. But=20
10 of the 30 fastest growing markets will be in=20
Africa and the Middle East, and 8 are in emerging Asia.
http://www.telecomweb.com/tnd/25601.html

CHRIS BOSKIN ELECTED CHAIR OF CPB
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Chris Boskin has been elected the chair of the=20
board of the Corporation for Public Broadcasting.=20
Boskin was confirmed as a CPB board member in=20
October 2006 and was a board member of public TV=20
station KQED in San Francisco. Boskin is to remain chair for one year.
http://www.broadcastingcable.com/article/CA6495840.html?rssid=3D193

USAC BOARD NOMINATIONS DEADLINE EXTENDED
[SOURCE: Federal Communications Commission]
The FCC has extended the deadline for nominations=20
for the Board of Directors of the Universal=20
Service Administrative Company. They are now due=20
December 1, 2007. For further information,=20
contact Tecora Sollers, (202) 418-1951, or via email at tecora.sollers( at )fcc.=
gov
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4474A1.doc
--------------------------------------------------------------
Communications-related Headlines is a free online=20
news summary service provided by the Benton=20
Foundation (www.benton.org). Posted Monday=20
through Friday, this service provides updates on=20
important industry developments, policy issues,=20
and other related news events. While the=20
summaries are factually accurate, their often=20
informal tone does not always represent the tone=20
of the original articles. Headlines are compiled=20
by Kevin Taglang headlines( at )benton.org -- we welcome your comments.
--------------------------------------------------------------