February 2008

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NEWS FROM CONGRESS
Senate Passes VoIP Enhanced 911 Bill
Lawmakers debate mobile consumer rights bill

ELECTIONS & MEDIA
NY Times' McCain Story Draws Public Interest -- And Disapproval
Campaign 'robocalls' catch Congress's ear
Clinton Outspent By Obama Online
Barack Obama Launches Local Web Campaign
Scripps Giving Free Airtime to Candidates

INTERNET/BROADBAND
Comcast Manipulating NAACP on Net Neutrality
FCC 'Do-Over' on Net Neutrality Hearing?
Internet Company Sued for Holding Names
` AT&T bill holds key to Internet future in TN

DIVERSITY
Nielsen Forms Hispanic/Latino Advisory Council

GOVERNMENT & COMMUNICATIONS
Nominees for Privacy and Civil Liberties Oversight Board
GOP Uses Surveillance Bill to Bash Democrats

CHILDREN & MEDIA
Let's Rewrite the Rules for Kids' Media

QUICKLY -- FCC Acts on Requests for Waiver of=20
Hearing and Compatibility Rules; Former FCC=20
General Counsel Sam Feder Lands at Jenner & Block

NEWS FROM CONGRESS

SENATE PASSES VOIP ENHANCED 911 BILL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Senate passed a bill to ensure that=20
voice-over-Internet-protocol phone-service=20
providers like cable companies can deliver 911=20
service to their customers. It must now be=20
squared with a similar bill already passed in the=20
House before it can be sent to the president for=20
his signature. The IP-Enabled Voice=20
Communications and Public Safety Act would give=20
cable companies and other VoIP providers the same=20
interconnection access on the same terms as=20
traditional carriers to ensure that 911 calls=20
reach a local operator and that the operator can=20
also determine the source of the emergency call=20
-- so-called enhanced 911 service.
http://www.broadcastingcable.com/article/CA6535947.html

LAWMAKERS DEBATE MOBILE CONSUMER RIGHTS BILL
[SOURCE: InfoWorld, AUTHOR: Grant Gross]
A proposed consumer rights bill for mobile=20
telephone service drew mixed reviews during a=20
hearing in Congress Wednesday with detractors=20
saying the legislation would place too much=20
regulation on a competitive industry. A draft=20
bill, proposed by House Telecom & Internet=20
Subcommittee Chairman Ed Markey (D-MA), calls for=20
the Federal Communications Commission to make=20
rules requiring mobile carriers to offer=20
unsubsidized handsets to customers, to offer=20
service with no early termination fees and to=20
detail charges like termination fees. Some=20
lawmakers complained about early termination fees=20
and the inability of customers to take their=20
phones from carrier to carrier. Two major=20
carriers, Verizon Wireless and AT&T, announced=20
mobile-phone portability plans in recent months.=20
Four witnesses at the hearing, including the head=20
of the CTIA, said that they like parts of the=20
bill. The bill moves toward pre-empting state=20
regulation of mobile carriers, said Steve=20
Largent, president and CEO of CTIA, the trade=20
group representing wireless carriers. But several=20
mobile carriers are already moving toward many of=20
the changes required in the bill, Largent said.
http://www.infoworld.com/article/08/02/27/Lawmakers-debate-mobile-consum...
rights-bill_1.html

ELECTIONS & MEDIA

NY TIMES' MCCAIN STORY DRAWS PUBLIC INTEREST -- AND DISAPPROVAL
[SOURCE: Pew Research Center for the People and the Press]
An overwhelming majority of Americans (81%) are=20
aware of news reports that John McCain may have=20
had an improper relationship with a female=20
lobbyist several years ago. About half (48%) of=20
the public has heard a lot about this story,=20
which first appeared in the New York Times late=20
last week. Another 33% has heard at least a=20
little about the story. By a nearly two-to-one=20
margin those who have heard about the McCain=20
story think the New York Times was wrong to=20
publish it =AD 57% say the Times did the wrong=20
thing in publishing the story, 33% say the paper=20
did the right thing. Republicans are only=20
slightly more likely than Democrats to have heard=20
about the McCain story (87% of Republicans have=20
heard at least a little compared with 80% of=20
Democrats). However, partisan views on the role=20
of the New York Times differ dramatically. By a=20
75% to 16% margin Republicans who are aware of=20
the story say the Times did the wrong thing by=20
publishing it. Democrats are evenly split on the=20
issue =AD 47% say the Times was wrong, 45% say the=20
paper was right. Independents have a more=20
negative view of the Times' decision (55% wrong, 33% right).
http://www.broadcastingcable.com/article/CA6536015.html?rssid=3D193
* Public Broadcasting Activists Refute McCain Campaign 'Facts' on FCC Lette=
rs
A public broadcasting activist is accusing Sen.=20
John McCain's presidential campaign of lying in=20
its statements rebutting last week's New York=20
Times story about McCain's connections to=20
Washington lobbyist Vicki Iseman. After the story=20
broke, the McCain campaign distributed a lengthy=20
document stating that the senator's commerce=20
committee staff "met with public broadcasting=20
activists from the Pittsburgh area" who opposed a=20
controversial license swap involving Iseman's=20
client, Paxson Communications, before it sent two=20
letters to the Federal Communication Commission=20
urging the commissioners to vote on the issue.=20
"It never happened," said Jerold Starr, who led=20
the grassroots opposition to the deal as the=20
co-chairman of the Save Pittsburgh Public=20
Television Campaign. "Moreover, we had no idea=20
that McCain had any interest in our local matter."
http://blogs.abcnews.com/theblotter/2008/02/public-broadcas.html

CAMPAIGN 'ROBOCALLS' CATCH CONGRESS'S EAR
[SOURCE: The Christian Science Monitor 2/27, AUTHOR: Daniel B. Wood]
A bipartisan bill, introduced Tuesday by Sens.=20
Dianne Feinstein (D) of California, Daniel Inouye=20
(D) of Hawaii, and Arlen Specter (R) of=20
Pennsylvania, would keep Americans from being=20
flooded with automated political phone calls.=20
Known as the Robocall Privacy Act of 2008, the=20
bill would establish that anyone who makes or=20
sets up one-sided, computer-generated calls=20
without following certain rules would be subject=20
to fines of up to $1,000 per violation, and up to=20
$3,000 if such violations are deemed "willful."=20
New rules would ban calls after 9 p.m. and before=20
8 a.m. and prohibit more than two calls to the=20
same telephone number each day. They would also=20
prohibit the masking of the robocaller's phone=20
number or identity on caller-ID tools. All such=20
calls would need to disclose that the call is=20
recorded and who is behind it. The law would=20
apply only to robocalls related to candidates=20
running for federal office and would include=20
those placed by supporters and opponents alike.=20
The Federal Election Commission would be=20
empowered to fine violators, and individuals=20
could sue to stop the calls. Commercial calls are=20
already limited by the Federal Trade Commission's=20
"do not call list," subscribed to by millions.=20
But political calls have been specifically exempted from that list.
http://www.csmonitor.com/2008/0227/p02s01-uspo.html

CLINTON OUTSPENT BY OBAMA ONLINE
[SOURCE: OnlineMediaDaily, AUTHOR: Mark Walsh walsh( at )mediapost.com]
Barack Obama has run the most effective online=20
campaign among the 2008 presidential candidates.=20
Of the $32 million he raised in January, for=20
example, $28 million came from online donors.=20
Even so, figures in the candidates' latest=20
spending reports covering January underscore the=20
gap in their online efforts. The Obama campaign=20
paid more than $89,000 to Google and $18,252 to=20
Microsoft for online advertising and a total of=20
$32,372 to Yahoo and Yahoo Search Marketing.=20
Obama paid another $23,564 to Yahoo subsidiary=20
Right Media, an online ad exchange which handles=20
mainly remnant advertising. A further $1,821 went=20
to Facebook, where Obama has attracted more=20
"friends" than any other candidate, and $88,540=20
went to political consulting firm Blue State=20
Digital. The Clinton campaign, by contrast,=20
reported only a $13,674 payment to Google during the same period.
http://publications.mediapost.com/index.cfm?fuseaction=3DArticles.san&s=...
7360&Nid=3D39790&p=3D368626

BARACK OBAMA LAUNCHES LOCAL WEB CAMPAIGN
[SOURCE: MediaWeek, AUTHOR: Mike Shields and Katy Bachman]
On Tuesday, Sen Barack Obama (D-IL) launched an=20
aggressive local Web campaign. The Obama Web=20
campaign, placed by Centro on 26 local TV, radio=20
and newspaper Web sites in Ohio and Texas,=20
features a Sliding Billboard at the top of the=20
Web page with a 30-second video embedded in the=20
expandable unit. Depending on the site, the ad=20
plays different video ads. Some of the media=20
sites that are carrying the ads include Belo's=20
The Dallas Morning News and its ABC affiliate,=20
WFAA-TV; Ohio.com; and The Houston Chronicle=20
(www.chron.com). The buy also includes radio and=20
TV stations that are part of the WorldNow Ohio=20
and Texas Networks. In addition, Sen Obama=20
initiated a buy earlier this week with online=20
video ad network Broadband Enterprises to run=20
30-second spots on various local TV, radio and=20
newspaper Web sites, including the Clear Channel=20
stations WKOI in San Antonio and WKRC in Cincinnati.
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=3D100...
6760

SCRIPPS GIVING FREE AIRTIME TO CANDIDATES
[SOURCE: tvnewsday]
The E.W. Scripps Co. is launching Democracy 2008,=20
a public discourse initiative that will make free=20
airtime available to political candidates on the=20
company=92s nine network-affiliated television=20
stations. They are: ABC affiliates WXYZ Detroit;=20
WCPO Cincinnati; WEWS Cleveland; WFTS Tampa,=20
Fla.; WMAR Baltimore; and KNXV Phoenix; and NBC=20
affiliates WPTV West Palm Beach, Fla.; KSHB=20
Kansas City, Mo.; and KJRH Tulsa, Okla. The=20
Scripps stations will provide five minutes of=20
free airtime to candidates nightly between 5 p.m.=20
and 11:35 p.m. in the 30 days preceding the=20
general elections. The stations also will provide=20
free airtime as needed during the 30 days=20
preceding primary elections. The Scripps=20
television station had a similar free airtime=20
policy during the national elections in 2000, 2002, 2004 and 2006.
http://www.tvnewsday.com/articles/2008/02/27/daily.6/

INTERNET/BROADBAND

COMCAST MANIPULATING NAACP ON NET NEUTRALITY
[SOURCE: OpenLeft, AUTHOR: Matt Stoller]
[Commentary] Do Comcast and the NAACP have a cozy=20
relationship? A flyer calling for a rally=20
protesting the FCC under the NAACP's name, put=20
out by a PR firm, and disavowed by the local=20
NAACP as simply a 'draft', was going around on=20
the same day as a net neutrality hearing that=20
Comcast packed with a crowd they hired to prevent=20
net neutrality advocates from attending. And on=20
that very same day, this letter to the editor in=20
the Washington Post attacking net neutrality=20
shows up, from Jose Marquez of the Latinos in=20
Information Sciences and Technology, an astroturf=20
group sponsored by Sprint, the cell phone carrier=20
most aligned with Comcast and the cable=20
industry. In addition, the founder of the=20
National Black Chamber of Commerce, a right-wing=20
group that pushed for the privatization of Social=20
Security in 2005, wrote this piece attacking FCC=20
Chair Kevin Martin for being a racist. A cynic=20
might say that Comcast, caught red-handed=20
blocking and manipulating the Internet traffic of=20
their users is trying to divert attention from=20
the FCC investigation and possible subpoena=20
threat by state AG's by doing a PR campaign=20
around cries of racism. I just think that the=20
NAACP should be a lot more careful in how and=20
when their name shows up when large conservative=20
corporations would want to use their name to distract from their lawbreakin=
g.
http://www.openleft.com/showDiary.do?diaryId=3D4209

FCC 'DO-OVER' ON NET NEUTRALITY HEARING?
[SOURCE: Portfolio, AUTHOR: Sam Gustin]
Following Comcast's acknowledgement that it had=20
hired people to take up seats at an overcrowded=20
Federal Communications Commission hearing at=20
Harvard on Monday, the regulator agency is=20
mulling whether a hold another public hearing on=20
net neutrality. FCC spokesman Rob Kenny declined=20
to speak publicly about the possibility of=20
additional hearings, which were first reported on=20
the blog Valleywag. From the outset of the FCC's=20
investigation, the agency had held out the=20
possibility of further hearings on Comcast's=20
controversial "network management" practices.
http://www.portfolio.com/views/blogs/daily-brief/2008/02/27/fcc-do-over-...
net-neutrality-hearing

INTERNET COMPANY SUED FOR HOLDING NAMES
[SOURCE: Associated Press, AUTHOR: Anick Jesdanun]
A company that sells Internet addresses is being=20
sued for its controversial practice of holding a=20
domain name in reserve if someone checks for its=20
availability but does not buy it right away.=20
Although Network Solutions termed its new program=20
a consumer-protection measure, the moves make it=20
difficult for interested parties to shop around=20
for better prices. The company charges $35 a year=20
for a name - a few times more than what many of its rivals charge.
http://news.lp.findlaw.com/ap/high_tech/1700//02-27-2008/20080227100502_...
html

AT&T BILL HOLDS KEY TO FUTURE
[SOURCE: The Daily News Journal (Murfreesboro, TN), AUTHOR: Ed Kimbrell]
[Commentary] For the past few weeks, behind=20
closed doors at the state Capitol, American=20
Telephone and Telegraph, Comcast cable, the=20
Tennessee Municipal League, and selected=20
legislators have been trying to forge a tortured=20
compromise about the Internet's future in the=20
state. What's at stake here? Simply, the future.=20
There are billions of dollars of potential=20
revenue on the table. AT&T is the largest=20
wireless telephone provider in the nation, and if=20
it bundles TV, Internet and telephone service=20
into one package, it will be very difficult to=20
turn it down by the average consumer. Cable=20
argues AT&T will not provide universal service,=20
picking only the lucrative cities and towns and=20
leaving the rest unserved. AT&T already bundles=20
wireless and wired telephone service. So, simply=20
put, it could dominate the information and=20
entertainment environment in the state at a time=20
when the telephone is becoming the dominant=20
information technology in the world. Only fools=20
predict Oscar winners, Supreme Court decisions,=20
and what our Legislature will decide, but it's=20
obvious this is one of those times when law and=20
compromise are overwhelmed by new technology.=20
There's no Solomon able to make a decision about=20
the cable-telephone war. Don't be surprised if=20
the outcome this year isn't any different than=20
last year's stalemate, because no one at the table wants to lose.
http://dnj.com/apps/pbcs.dll/article?AID=3D/20080228/OPINION02/802280319...
14/OPINION

DIVERSITY

NIELSEN FORMS HISPANIC/LATINO ADVISORY COUNCIL
[SOURCE: MediaWeek, AUTHOR: Katy Bachman]
Nielsen announced Wednesday it had formed a=20
national Hispanic/Latino Advisory Council to help=20
the research company recruit, measure and=20
accurately report on Hispanic TV households. The=20
first meeting of the independent advisory group=20
is March 4 in New York. Members are: Ernest=20
Bromley, president and CEO of Bromley=20
Communications; Jenny Alonzo, executive vp,=20
marketing/brand of Mio.TV; Dr. Juan Andrade,=20
president and executive director of the United=20
States Hispanic Leadership Institute (USHLI); Dr.=20
David Hayes-Bautista, PhD, Professor of medicine=20
and director of the Center for the Study of=20
Latino Health and Culture at the School of=20
Medicine, UCLA; Jose del Cueto, CEO of Del Cueto=20
Media Group; Guarione M. Diaz, president and CEO,=20
Cuban American National Council, Inc.; Dr. Henry=20
Flores, senior policy analyst, William C.=20
Velasquez Institute; Lu=EDs A. Miranda, Jr.,=20
managing partner of The MirRam Group, Inc.;=20
Lillian Rodr=EDguez L=F3pez, president of the=20
Hispanic Federation; Catherine M. Pino,=20
co-founder & principal of D&P Creative=20
Strategies; and Susana Valdez, chief of staff to=20
Mayor Manny Diaz, City of Miami.
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=3D100...
6790

GOVERNMENT & COMMUNICATIONS

NOMINEES FOR PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
[SOURCE: The White House]
President George W. Bush announced his intention=20
to nominate the following individuals to serve in=20
his Administration. 1) The President intends to=20
nominate Daniel W. Sutherland, of Virginia, to be=20
Chairman of the Privacy and Civil Liberties=20
Oversight Board for an initial term of six years.=20
Mr. Sutherland currently serves as an Officer for=20
Civil Rights and Civil Liberties at the=20
Department of Homeland Security. Prior to this,=20
he served in the Office of Civil Rights at the=20
Department of Education. Earlier in his career,=20
he served at the Civil Rights Division of the=20
Department of Justice and on the Domestic Policy=20
Council at the White House. Mr. Sutherland=20
received his bachelor's degree from the=20
University of Louisville and his JD from the=20
University of Virginia School of Law. 2) The=20
President intends to nominate Ronald Daniel=20
Rotunda, of Virginia, to be a Member of the=20
Privacy and Civil Liberties Oversight Board for=20
an initial four-year term. 3) The President=20
intends to nominate Francis X. Taylor, of=20
Maryland, to be a Member of the Privacy and Civil=20
Liberties Oversight Board for an initial two-year term.
http://www.whitehouse.gov/news/releases/2008/02/20080226-9.html
* Privacy and Civil Liberties Oversight Board
The Board advises the President and other senior=20
executive branch officials to ensure that=20
concerns with respect to privacy and civil=20
liberties are appropriately considered in the=20
implementation of all laws, regulations, and=20
executive branch policies related to efforts to=20
protect the Nation against terrorism. This=20
includes advising on whether adequate guidelines,=20
supervision, and oversight exist to protect these=20
important legal rights of all Americans.
http://www.whitehouse.gov/privacyboard/
* Ronald D. Rotunda
http://www.law.gmu.edu/faculty/directory/rotunda_ronald
* Brig. Gen. Francis X. Taylor
http://www.af.mil/bios/bio.asp?bioID=3D7344

GOP USES SURVEILLANCE BILL TO BASH DEMOCRATS
[SOURCE: Washington Post, AUTHOR: Dan Eggen]
Republicans are convinced that highlighting their=20
counterterrorism policies will be a political=20
winner in this presidential election year, and=20
they have focused this week on Democratic=20
opposition to their version of a new surveillance=20
bill as a way to paint Democrats as soft on=20
national security. Democrats respond that they=20
are unfazed by the attacks, arguing that most=20
Americans doubt the credibility of President Bush=20
and Republicans when it comes to warning about=20
security threats. President Bush and GOP=20
lawmakers have been releasing a blizzard of=20
public statements and organizing multiple news=20
conferences to pressure the House to adopt a=20
Senate bill renewing and expanding a temporary=20
surveillance law called the Protect America Act.=20
The measure would grant legal immunity to=20
telecommunications companies over their=20
cooperation in warrantless wiretapping done after=20
the Sept. 11, 2001, attacks. House Democratic=20
leaders oppose the immunity provision and=20
maneuvered to allow the temporary statute to=20
expire on Feb. 16. The administration has=20
repeatedly said that telecom firms need=20
protection from lawsuits in order to cooperate with the government.
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/27/AR200802...
3316.html
(requires registration)

CHILDREN & MEDIA

LET'S REWRITE THE RULES FOR KIDS' MEDIA
[SOURCE: BusinessWeek, AUTHOR: Anastasia Goodstein, Ypulse.com]
[Commentary] The Joan Ganz Cooney Center is=20
pushing for an overhaul of children's media=20
legislation. The center's recent report, D is for=20
Digital, analyzes the impact of digital media on=20
kids and reaches some striking conclusions.=20
"Federal regulatory bodies, such as the Federal=20
Communications Commission, and voluntary=20
industry, public interest advocacy and=20
philanthropic organizations, should advance=20
policies that protect children from=20
commercialism," the center writes. "A=20
revitalization of the Children's Television Act=20
needs to be undertaken to modernize the child=20
protections now called for in a digital age." We=20
clearly need to develop standards when it comes=20
to kids' digital media. One of the major goals of=20
the Children's Television Act was to increase the=20
quantity of educational broadcast TV programming=20
for children. But it was enacted in 1990 and=20
predates much of the digital era. And other than=20
subsequent FCC rules on digital TV and the=20
Children's Online Privacy Protection Act, which=20
prevents personal data collection from children=20
under 13 without parental consent, there's a=20
dearth of rules and guidelines for kids' digital=20
media. What's more, the standards for what=20
constitutes "educational" content are weak at=20
best. So how do we redefine the Children's=20
Television Act for the Digital Age? 1) Reach out=20
to industry. 2) Create research-based universal=20
standards for what constitutes educational=20
content. 3) Build new, ad-free business models=20
for sites targeting children. 4) Build new,=20
ad-free business models for sites targeting=20
children. 5) Increase transparency and labeling of sponsored digital conten=
t.
http://www.businessweek.com/technology/content/feb2008/tc20080227_269559...
m?campaign_id=3Drss_tech

QUICKLY

FCC ACTS ON REQUESTS FOR WAIVER OF HEARING AID COMPATIBILITY RULES
[SOURCE: Federal Communications Commission]
The Federal Communications Commission released a=20
Memorandum Opinion and Order that addresses=20
waiver requests filed by wireless service=20
providers and a handset manufacturer seeking=20
additional time to comply with a 2006 benchmark=20
in the FCC=92s hearing aid compatibility rules. The=20
FCC=92s hearing aid compatibility rules are=20
designed to ensure that persons with hearing=20
disabilities have full access to digital wireless=20
services. The FCC granted or denied the=20
individual waiver requests based on the=20
respective showings made by each petitioner. The=20
Order addresses 46 petitions filed by 98=20
facilities-based wireless carriers, one handset=20
manufacturer, and one mobile virtual network=20
operator (MVNO). In general, the petitions seek=20
some limited additional time to comply with the=20
requirement that at least two T3-rated handsets=20
be offered. The FCC granted a petitioner=92s waiver=20
request to the extent it came into compliance no=20
later than January 1, 2007, and demonstrated a=20
reasonable basis for the limited extension of=20
time. Those wireless carriers to which the FCC=20
did not grant full waivers, and which appear to=20
be currently in violation of the FCC=92s hearing=20
aid compatibility rules or to have been in=20
violation in the past, have been referred to the=20
Enforcement Bureau for further review.
http://www.fcc.gov/HAC022708.pdf
* FCC order
http://www.fcc.gov/HAC022708_1.pdf

FORMER FCC GENERAL COUNSEL SAM FEDER LANDS AT JENNER & BLOCK
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Sam Feder, who had been the Federal=20
Communications Commission's general counsel from=20
2005 until exiting that post in January, is=20
joining law firm Jenner & Block as a partner. FCC=20
Chairman Kevin Martin named Feder's replacement,=20
Matthew Berry, in January, but Wednesday marked the official departure.
http://www.broadcastingcable.com/article/CA6536187.html?rssid=3D193
* Chairman Martin's statement
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280505A1.doc
--------------------------------------------------------------
Communications-related Headlines is a free online=20
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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.
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