March 2008

Radio One to Sell Its L.A. Station

RADIO ONE TO SELL ITS LA STATION
[SOURCE: Washington Post, AUTHOR: Anita Huslin]
Radio One yesterday announced that it is selling its Los Angeles station to Bonneville International for about $137.5 million, a decision that means the urban radio giant will no longer have a presence in the nation's largest radio market by revenue. Radio One's chief executive and president, Alfred C. Liggins III, said in a statement that the sale will enable the firm to reduce its debt, focus on its Internet strategy and initiate a $150 million stock buyback program. Radio One's strategy had been to buy struggling stations and turn them around, programming them with music and talk shows aimed at African American and urban listeners. In metropolitan Los Angeles, where the Hispanic population is nearing 50 percent, Radio One struggled to maintain and expand its audience share.
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/24/AR200803...
(requires registration)

NBC Universal is dividing TV studio

NBC UNIVERSAL IS DIVIDING TV STUDIO
NBC Universal, in a bid to retain a key executive, has split its television production studio into two separate operations. Bonnie Hammer, who has been president of both NBC Universal's USA Network and Sci Fi Channel, on Monday was named president of cable entertainment and the cable studio. In her new position, Hammer will oversee making shows for cable channels. The move significantly reduces the scope of Universal Media Studios, one of Hollywood's biggest suppliers of network and cable programming. Universal Media Studios will now focus solely on supplying shows for broadcast networks, primarily NBC, such as "Law & Order," "The Office" and "30 Rock." Meanwhile, the newly formed NBC Universal Cable Studio will provide shows for cable channels, including "Monk," "Psych" and "Battlestar Galactica." Hammer also will oversee NBC's new digital networks, including Sleuth, Chiller and Universal HD, which are available on some cable systems. Executives close to the situation said NBC Universal Chief Executive Jeff Zucker facilitated the reorganization to keep Hammer in the NBC Universal fold. Giving Hammer a higher profile underscores how the cable division has become the new star at NBC Universal, overshadowing the higher-profile broadcast network, which just a few years ago was ranked No. 1. Underscoring that shift, NBC last month said that instead of spending a day in New York touting its new fall shows to advertisers, as it has for decades, it would now use that time to showcase programming from all its channels.
http://www.latimes.com/business/printedition/la-fi-nbc25mar25,1,972970.s...
(requires registration)

CA: Keep your hands off the cell phone come July

KEEP YOUR HANDS OFF THE CELL PHONE COME JULY
Come July 1, drivers in California who make or receive phone calls other than emergencies will be required to have a hands-free way of talking. Motorists who don't can be pulled over and cited, $20 for the first offense and $50 for subsequent violations. At the same time, a companion law will go into effect that prohibits drivers younger than 18 from using any type of electronic communication device to text or talk - even hands-free ones. However, it's a secondary infraction, which means it can't be the main reason a driver is pulled over.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/23/BUH2VMOHJ.DTL

* Cellphone law may not make roads safer
As California joins five other states in requiring drivers to use hands-free devices when talking on cellphones, an increasing body of research suggests the legislation will accomplish little. The risk doesn't stem from whether one or both hands are on the wheel, the research suggests. It's whether the driver's mind is somewhere else.
http://www.latimes.com/news/printedition/front/la-me-distract25mar25,1,2...
(requires registration)

Pressed Over Tibet, China Berates Foreign Media

PRESSED OVER TIBET, CHINA BERATES FOREIGN MEDIA
Chinese officials have sharply criticized foreign reporters here over their coverage of the riots in Tibet, accusing them of biased reporting and preventing them from traveling to Tibet or neighboring provinces to report on the unrest. The government has also begun a propaganda campaign aimed at persuading the public that the Dalai Lama, the exiled Tibetan leader, instigated the violence in Tibet on March 14 and that China was a victim of separatist terrorist activity.
http://www.nytimes.com/2008/03/25/world/asia/25tibet.html?ref=todayspaper
(requires registration)

Benton's Communications-related Headlines For Tuesday March 25, 2008

MEDIA OWNERSHIP
Justice Approves XM-Sirius Merger
Members of Congress Respond to XM-Sirius Decision
Common Cause, Benton Challenge FCC Ownership Change
Intersection of Race and Telecomm Policy: Andrew Schwartzman
Radio One to Sell Its L.A. Station
NBC Universal is dividing TV studio

SPECTRUM/WIRELESS
Google unveils "white space" airwaves plans
Congress needs a full review of what happened with FCC spectrum bids
D Block Spectrum Auction: Policy Right; Business Wrong
Keep your hands off the cell phone come July

INTERNET/BROADBAND
Connected Nation Study Questioned

BROADCASTING/CABLE
Fox Challenges FCC's Married by America Fine
After the Election, What of Cable News?

TELECOM
New Telephone Subscribership Report
Telephone Penetration by Income Report
USAC Nominations Sought

ELECTIONS & MEDIA
The Pastor, The Candidate, And The Speech Lead The News

QUICKLY -- Pressed Over Tibet, China Berates Foreign Media; Cuba
blocks access to top Cuban blog; Health Care Journalism on TV

MEDIA OWNERSHIP

JUSTICE APPROVES XM-SIRIUS MERGER
[SOURCE: Department of Justice's Antitrust Division]
After a review of the proposed XM-Sirius merger, the Department of
Justice has concluded that the evidence does not demonstrate that the
proposed merger of XM and Sirius is likely to substantially lessen
competition, and that the transaction therefore is not likely to harm
consumers. The Department reached this conclusion because the
evidence did not show that the merger would enable the parties to
profitably increase prices to satellite radio customers for several
reasons, including: a lack of competition between the parties in
important segments even without the merger; the competitive
alternative services available to consumers; technological change
that is expected to make those alternatives increasingly attractive
over time; and efficiencies likely to flow from the transaction that
could benefit consumers. The Department's investigation indicated
that the parties are not likely to compete with respect to many
segments of the satellite radio business even in the absence of the
merger. Because customers must acquire equipment that is specialized
to the satellite radio service to which they subscribe, and which
cannot receive the other provider's signal, there has never been
significant competition for customers who have already subscribed to
one or the other service. For potential new subscribers, past
competition has resulted in XM and Sirius entering long-term,
sole-source contracts that provide incentives to all of the major
auto manufacturers to install their radios in new vehicles. The car
manufacturer channel accounts for a large and growing share of all
satellite radio sales; yet, as a result of these contracts, there is
not likely to be significant further competition between the parties
for satellite radio equipment and service sold through this channel
for many years. In the retail channel, where the parties likely would
continue to compete to attract new subscribers absent the merger, the
Department found that the evidence did not support defining a market
limited to the two satellite radio firms that would exclude various
alternative sources for audio entertainment, and similarly did not
establish that the combined firm could profitably sustain an
increased price to satellite radio consumers. Substantial cost
savings likely to flow from the transaction also undermined any
inference of competitive harm. Finally, the likely evolution of
technology in the future, including the expected introduction in the
next several years of mobile broadband Internet devices, made it even
more unlikely that the transaction would harm consumers in the longer term.
http://www.usdoj.gov/opa/pr/2008/March/08_at_226.html
** More coverage at http://www.benton.org/node/10332
* Sirius plan to buy XM gets antitrust approval
The Federal Communications Commission must determine whether the
XM-Sirius is in the public interest, and whether to enforce its 1997
order barring either satellite radio company from acquiring the other.
http://www.reuters.com/article/technologyNews/idUSWAT00918420080324
* DOJ Approves Sirius, XM Merger
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=10037...
* Department of Justice OK with XM-Sirius Merger
http://www.broadcastingcable.com/article/CA6544336.html?rssid=193
* Public Knowledge Asks FCC For Conditions on XM-Sirius Merger
1) The new company should make available pricing choices such as a la
carte or tiered programming; 2) The new company should make 5% of its
channel capacity available to noncommercial educational and
informational programming over which it has no editorial control; 3)
The new company should agree not to raise prices for its combined
programming package (as opposed to each individual company's current
programming package) for three years after the merger is approved;
and 4) The new company should make the technical specifications of
its devices and network open and available to allow device
manufacturers to develop, and consumers to use, any device they
choose without interference. Pursuant to Commission rules, these
devices must be certified by the FCC for receiving signals on the
frequencies licensed to the merged entity and be subject to a minimum
"do-no-harm" requirement.
http://www.publicknowledge.org/node/1469

MEMBERS OF CONGRESS RESPOND TO XM-SIRIUS DECISION
[SOURCE: Broadcasting&Cable & Radio Ink, AUTHOR: John Eggerton]
1) Sen Herb Kohl (D-WI), the chairman of the Senate Antitrust
Subcommittee, told the Federal Communications Commission it should
not allow XM Satellite Radio and Sirius Satellite Radio to merge,
saying that it would create a satellite-radio monopoly. He said, "We
believe the elimination of competition between XM and Sirius is
contrary to antitrust law and the interests of consumers. We urge
that the FCC find the merger contrary to the public interest and
exercise its authority to block it. We are particularly disturbed by
this decision given the Justice Department's record in recent years
of failing to oppose numerous mergers that reduced competition in key
industries, resulting in the Justice Department not bringing a single
contested merger case in nearly four years." 2) Sen Byron Dorgan
(D-ND) called the Department of Justice decision to approve the
merger "another disappointing example of this administration's
blatant disregard for the public interest with regard to media
ownership." He said "the American consumer will pay the price" if the
merger ultimately eliminates competition in satellite radio. 3) House
Telecommunications & Internet Subcommittee chairman Ed Markey
(D-Mass.) said the Department of Justice's approval of the XM
Satellite Radio-Sirius Satellite Radio merger without conditions was
par for the course, but he told the Federal Communications Commission
it should aim for more. "If the Federal Communications Commission,
after completing its analysis and consideration of the proposed
merger, decides to approve it, I urge the FCC to appropriately
condition any such approval to ensure consumer welfare with respect
to long-term service plans and pricing, as well as equipment
compatibility and pricing," he said.
* Kohl: FCC Should Block XM-Sirius Merger
http://www.broadcastingcable.com/article/CA6544438.html?rssid=193
* Dorgan: XM-Sirius Approval Shows 'Blatant Disregard' Of Public Interest
http://www.radioink.com/HeadlineEntry.asp?hid=141526&pt=todaysnews
* Markey Tells FCC XM-Sirius Merger Needs Conditions
http://www.broadcastingcable.com/article/CA6544432.html?rssid=193

COMMON CAUSE, BENTON CHALLENGE FCC OWNERSHIP CHANGE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Common Cause, the Benton Foundation, Consumers Action, the
Massachusetts Consumers' Coalition, the National Hispanic Media
Coalition, and others filed a petition with the Federal
Communications Commission Monday asking it to reconsider and modify
the decision to loosen the rules, as well as to grant waivers to some
existing combos, as well as its decision not to tighten -- or loosen
-- TV or radio local ownership rules. For one thing, it wants the
commission to rescind waivers it granted Media General for combos in
Myrtle Beach-Florence, S.C.; Columbus, Ga.; Panama City, Fla.; and
Tri-Cities, Tennessee/Virginia, as well as Gannett for its Phoenix
combo. They also want the commission to: 1) Revise the rule so that
waivers will be granted only if it is presumed in the public interest
or saves a failing media outlet or passes a tougher test on the
provision of local news. 2) Require applicants to provide ample
public notice of merger/waiver requests and seek such waivers within
30 days of a purchase.
http://www.broadcastingcable.com/article/CA6544450.html?rssid=193

INTERSECTION OF RACE AND TELCOMM POLICY: ANDREW SCHWARTZMAN
[SOURCE: Benton Foundation]
On March 18, Sen Barack Obama delivered a speech called "A More
Perfect Union." Many have viewed the speech as a challenge to the
nation to address our "racial stalemate." Beginning today, the Benton
Foundation is taking the opportunity to host a dialogue on the
intersection of race and telecommunications policy. In this Q&A with
Media Access Project President & CEO Andrew Jay Schwartzman, we ask
about the US's history of legalized discrimination the effects that
can still be seen today. We invite you to add your voice to the
discussion at the URL below.
http://www.benton.org/node/10318/

RADIO ONE TO SELL ITS LA STATION
[SOURCE: Washington Post, AUTHOR: Anita Huslin]
Radio One yesterday announced that it is selling its Los Angeles
station to Bonneville International for about $137.5 million, a
decision that means the Lanham urban radio giant will no longer have
a presence in the nation's largest radio market by revenue. Radio
One's chief executive and president, Alfred C. Liggins III, said in a
statement that the sale will enable the firm to reduce its debt,
focus on its Internet strategy and initiate a $150 million stock
buyback program. Radio One's strategy had been to buy struggling
stations and turn them around, programming them with music and talk
shows aimed at African American and urban listeners. In metropolitan
Los Angeles, where the Hispanic population is nearing 50 percent,
Radio One struggled to maintain and expand its audience share.
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/24/AR200803...
(requires registration)

NBC UNIVERSAL IS DIVIDING TV STUDIO
[SOURCE: Los Angeles Times, AUTHOR: Meg James meg.james( at )latimes.com]
NBC Universal, in a bid to retain a key executive, has split its
television production studio into two separate operations. Bonnie
Hammer, who has been president of both NBC Universal's USA Network
and Sci Fi Channel, on Monday was named president of cable
entertainment and the cable studio. In her new position, Hammer will
oversee making shows for cable channels. The move significantly
reduces the scope of Universal Media Studios, one of Hollywood's
biggest suppliers of network and cable programming. Universal Media
Studios will now focus solely on supplying shows for broadcast
networks, primarily NBC, such as "Law & Order," "The Office" and "30
Rock." Meanwhile, the newly formed NBC Universal Cable Studio will
provide shows for cable channels, including "Monk," "Psych" and
"Battlestar Galactica." Hammer also will oversee NBC's new digital
networks, including Sleuth, Chiller and Universal HD, which are
available on some cable systems. Executives close to the situation
said NBC Universal Chief Executive Jeff Zucker facilitated the
reorganization to keep Hammer in the NBC Universal fold. Giving
Hammer a higher profile underscores how the cable division has become
the new star at NBC Universal, overshadowing the higher-profile
broadcast network, which just a few years ago was ranked No. 1.
Underscoring that shift, NBC last month said that instead of spending
a day in New York touting its new fall shows to advertisers, as it
has for decades, it would now use that time to showcase programming
from all its channels.
http://www.latimes.com/business/printedition/la-fi-nbc25mar25,1,972970.s...
(requires registration)

SPECTRUM/WIRELESS

GOOGLE UNVEILS "WHITE SPACE" AIRWAVES PLAN
[SOURCE: Reuters, AUTHOR: Peter Kaplan and Eric Auchard]
Google on Monday unveiled plans for a new generation of wireless
devices to operate on soon-to-be-vacant television airwaves, and
sought to alleviate fears that this might interfere with TV
broadcasts or wireless microphones. In comments filed with the
Federal Communications Commission, the company outlined plans for
low-power devices that use local wireless airwaves to access the
"white space" between television channels. A Google executive called
the plan "Wi-Fi 2.0 or Wi-Fi on steroids." "The airwaves can provide
huge economic and social gains if used more efficiently," Google said
in the comments. Rick Whitt, Google's Washington telecom and media
counsel, said this class of Wi-Fi devices could eventually offer data
transmission speeds of billions of bits per second -- far faster than
the millions of bits per second available on most current broadband
networks. Consumers could watch movies on wireless devices and do
other things that are currently difficult on slower networks.
http://www.reuters.com/article/internetNews/idUSWAT00918220080324
* Google asks FCC for access to TV 'white space'
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/24/BUQ8VPML1.DTL
* Google Pushes for Access To Unused TV Airwaves
http://online.wsj.com/article/SB120637224805159487.html?mod=todays_us_ma...
* Google revives push to get free airwaves
http://www.latimes.com/business/printedition/la-fi-google25mar25,1,79697...

CONGRESS NEEDS A FULL REVIEW OF WHAT HAPPENED WITH FCC SPECTRUM BIDS
[SOURCE: The News Journal (Delaware), AUTHOR: Editorial staff]
[Commentary] Something stinks about the recent Federal Communications
Commission auction to build wireless networks for the nation's
emergency responders. The short version appears to be that a
nonprofit group, the Public Safety Spectrum Trust, hired by the
nation's 55,000 public safety agencies, was trying to shake down the
companies that won the federal airwaves auction. The shake down money
was allegedly headed for the fire and police agencies. FCC Chairman
Kevin J. Martin has said the commission could vote within days to
rebid the public safety airwaves. Chairman Martin also wants his
inspector general to investigate the allegations. But that shouldn't
stop Congress from calling for a full review to find out what really
was behind the low-ball bids from the as-yet-announced winners.
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20080324/OPINIO...

D BLOCK SPECTRUM AUCTION: POLICY RIGHT; BUSINESS WRONG
[SOURCE: COMCARE - Emergency Response Alliance, AUTHOR: David Aylward]
[cOMMENTARY] It is really a shame the FCC's D Block/Public Safety
auction didn't work. But even in the failure, we should be delighted
at the enormous policy progress it represents. Morgan O'Brien's Cyren
Call plan brought an extraordinary revolution in spectrum policy and
emergency communications. Marx would be disappointed because change
here was so clearly the work of a handful of individuals, not
inexorable economic forces. When law enforcement leader Harlin McEwen
recruited safety leaders to support O'Brien's plan, the FCC adopted
and applied many of its key principles to the pre-existing spectrum
allocation. In doing so, the Commission basically followed the
subsequent plan proposed and lobbied hard by Reed Hundt's now-defunct
Frontline. (There in two sentences is a year's worth of intensive
lobbying by scores of parties!) Morgan and Harlin touched off
tectonic shifts in spectrum licensing policy and emergency
communications architecture, and the FCC sought to implement them. In
a single year there was a huge policy break made from our current
balkanized, compartmentalized and non-standardized communications to
a modern, national Internet Protocol-based approach. From local
everything, look at what happened. Thanks to these folks' leadership,
we have gone from local to national license, from local to national
network, from self-owned to managed services, from narrow (and
"wideband") to IP broadband, from siloed access control and identity
management to shared core services, from separate systems to sharing
commercial spectrum and networks, and from separate technology to
sharing in the benefits of commercial R&D. These are all
extraordinary and positive developments, whatever happens next in the auction.
http://www.benton.org/node/10319

KEEP YOUR HANDS OFF THE CELL PHONE COME JULY
[SOURCE: San Francisco Chronicle, AUTHOR: Ryan Kim]
Come July 1, drivers in California who make or receive phone calls
other than emergencies will be required to have a hands-free way of
talking. Motorists who don't can be pulled over and cited, $20 for
the first offense and $50 for subsequent violations. At the same
time, a companion law will go into effect that prohibits drivers
younger than 18 from using any type of electronic communication
device to text or talk - even hands-free ones. However, it's a
secondary infraction, which means it can't be the main reason a
driver is pulled over.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/23/BUH2VMOHJ.DTL
* Cellphone law may not make roads safer
As California joins five other states in requiring drivers to use
hands-free devices when talking on cellphones, an increasing body of
research suggests the legislation will accomplish little. The risk
doesn't stem from whether one or both hands are on the wheel, the
research suggests. It's whether the driver's mind is somewhere else.
http://www.latimes.com/news/printedition/front/la-me-distract25mar25,1,2...
(requires registration)

INTERNET/BROADBAND

CONNECTED NATION STUDY QUESTIONED
[SOURCE: The Greenville News (SC), AUTHOR: Rudolph Bell]
State Rep. Dwight Loftis of Greenville (SC) is questioning the
validity of a new Connected Nation study that says broadband Internet
service is available to 94 percent of households across South
Carolina. The study, released last week, was commissioned by a
special committee of state lawmakers studying broadband
infrastructure in South Carolina. Rep Loftis questions the report
because it's based on information supplied by the telecommunications
and cable companies that sell broadband service. He's introduced
legislation that would require broadband providers to report their
areas of service to the state Public Service Commission. Information
collected by the state commission would be more credible.
http://greenvilleonline.com/apps/pbcs.dll/article?AID=/20080321/BUSINESS...

BROADCASTING/CABLE

FOX CHALLENGES FCC'S MARRIED BY AMERICA FINE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
In 2003, Fox aired a program called "Married by America" which
featured pixilated nudity and was later fined by the Federal
Communications Commission. The fine was initially $1.18 million --
$7,000 for each of the 169 stations that aired the program -- but the
FCC wound up only fining the handful of stations where complaints had
actually been filed in that market per a new policy, calling it part
of its "appropriately restrained enforcement policy." On Monday the
network announced, "Fox will not be paying the indecency fine imposed
by the Federal Communications Commission against five of its owned
stations in the forfeiture order issued Feb. 21, 2008, for the April
7, 2003, airing of the program Married by America. Sinclair Broadcast
Group and Mountain Licenses L.P. will also not be paying the indecency fine."
http://www.broadcastingcable.com/article/CA6544311.html
* Fox TV Refuses to Pay Indecency Fine by FCC
http://online.wsj.com/article/SB120638411852459999.html?mod=todays_us_ma...
* Fox Refuses To Pay FCC Indecency Fine
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/24/AR200803...

AFTER THE ELECTION, WHAT OF CABLE NEWS?
[SOURCE: TVWeek, AUTHOR: Michele Greppi]
The 2008 presidential campaign season has been a long and heady one
for the cable news networks, which have telecast and heavily promoted
23 primary debates and used plot-changing primary nights to generate
double-digit ratings increases. But the history of cable news
viewership is a roller coaster of steep highs, reflecting major news
stories, followed by deep drops. This presidential campaign has
provided such a sustained high for Fox News, CNN and MSNBC that cable
news followers are asking whether the cable news channels risk a
crash when the political drama subsides, or whether they can hold on
to any of their expanded audiences after the election. Dr. Larry
Sabato, founder and director of the University of Virginia's Center
for Politics, believes cable news can sustain some of the newfound
interest in politics. Indeed, it's about time that television, which
he said has gotten pretty good at covering elections and campaigns,
figured out how to cover governance, he said.
http://www.tvweek.com/news/2008/03/after_the_election_what_of_cab.php
(requires free registration)

TELECOM

NEW TELEPHONE SUBSCRIBERSHIP REPORT
[SOURCE: Federal Communications Commission]
The Federal Communications Commission released its latest report on
telephone subscribership levels in the United States. The report
presents subscribership statistics based on the Current Population
Survey conducted by the Census Bureau in November 2007. The report
also shows subscribership levels by state, income level, race, age,
household size, and employment status. In November 2007: 1) The
telephone subscribership penetration rate in the U.S. was 94.9%, an
increase of 1.5% over the rate from November 2006, 2) The telephone
penetration rate for households with incomes below $20,000 was at or
below 92.2%, while the rate for households with incomes over $60,000
was at least 98.6%, 3) Among the states, the penetration rates ranged
from a low of 88.6% in Indiana to a high of 98.5% in North Dakota, 4)
Penetration rates ranged from 89.5% for households headed by a person
under 25 to at least 96.0% for households headed by a person over 55,
5) Households with one person had a penetration rate of 91.8%,
compared to a rate of 96.7% for households with four to five persons,
and 6) The penetration rate for unemployed adults was 93.2%, while
the rate for employed adults was 96.1%.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280979A1.doc

TELEPHONE PENETRATION BY INCOME REPORT
[SOURCE: Federal Communications Commission]
The Federal Communications Commission released a report presenting
data on telephone penetration levels on a state-by-state basis for
various income categories. The report presents penetration
statistics based on individual household data from the Current
Population Survey conducted by the Census Bureau in March 2007. 1) In
March 2007, penetration among low-income households (under $10,000
annual income in 1984 dollars) nationwide was 88.4%. This contrasts
with an overall nationwide penetration rate of 94.6% in March 2007.
2) Since 1985, when the FCC first established Lifeline to help
low-income households afford the monthly cost of telephone service,
penetration rates among low-income households have grown from 80.0%
to 88.4%. 3) States that have provided a high level of lifeline
support for telephone service for low-income consumers experienced an
average growth in penetration of 3.2% for low-income households from
March 1997 to March 2007. In contrast, states that provided a low
level of lifeline support experienced an average decline of 0.6% in
telephone penetration rates for low-income households between March
1997 and March 2007. 4) Penetration rates among low-income households
ranged from a high of 94.9% in Vermont to a low of 79.4% in Arkansas
in March 2007.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280981A1.doc

USAC NOMINATIONS SOUGHT
[SOURCE: Federal Communications Commission]
The Federal Communications Commission is seeking nominations for the
Board of Directors of the Universal Service Administrative Company.
Specifically, the FCC seeks a representative for competitive local
exchange carriers and a representative for interexchange carriers
(other than Bell Operating Companies) with annual operating revenues
in excess of $3 billion. The position of the Board member
representing competitive local exchange carriers is currently
vacant. That seat will expire on December 31, 2008. The position of
the Board member representing interexchange carriers with annual
operating revenues in excess of $3 billion has been vacant since Joel
Lubin was appointed to represent non-rural incumbent local exchange
carriers. That seat will expire on December 31, 2009. Only members
of the industry or non-industry group that a Board member will
represent may submit a nomination for that position. All nominations
must be filed by April 24, 2008.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-668A1.doc

ELECTIONS & MEDIA
The Pastor, The Candidate, And The Speech Lead The News
THE PASTOR, THE CANDIDATE, AND THE SPEECH LEAD THE NEWS
[SOURCE: Project for Excellence in Journalism, AUTHOR: Mark Jurkowitz]
It was, to put it simply, the week of "the speech." The 37-minute
address on race delivered by Barack Obama March 18 at Philadelphia's
Constitution Center dominated last week's campaign narrative in the
press. While the subject was race relations in America, there were so
many subtexts it was hard for the press to know where to begin. The
numbers alone tell much of the tale. First, Obama utterly dominated
the media narrative. He was a significant or dominant figure in 72%
of last week's campaign coverage. That was more than twice as many
stories as Hillary Clinton, at 30%. Not only was it Obama's highest
coverage level in 2008, it was Clinton's lowest since mid-January,
when both parties still had multi-candidate presidential fields. And
that was despite last week's much-anticipated National Archives
release of thousands of pages of records of Clinton's activities as
First Lady. Despite presumptive GOP nominee John McCain's
high-profile Mideast mission to burnish his national security
credentials, that trip played second fiddle to the Wright controversy
as well. McCain registered at only 17% of the campaign coverage as
Democrats generated almost 12 times the media attention as
Republicans did last week.
http://www.journalism.org/node/10319

QUICKLY

PRESSED OVER TIBET, CHINA BERATES FOREIGN MEDIA
[SOURCE: New York Times, AUTHOR: David Barboza]
Chinese officials have sharply criticized foreign reporters here over
their coverage of the riots in Tibet, accusing them of biased
reporting and preventing them from traveling to Tibet or neighboring
provinces to report on the unrest. The government has also begun a
propaganda campaign aimed at persuading the public that the Dalai
Lama, the exiled Tibetan leader, instigated the violence in Tibet on
March 14 and that China was a victim of separatist terrorist activity.
http://www.nytimes.com/2008/03/25/world/asia/25tibet.html?ref=todayspaper
(requires registration)

CUBA BLOCKS ACCESS TO TOP CUBAN BLOG
[SOURCE: Reuters]
The Cuban authorities have blocked access from Cuba to the country's
most-read blogger, Yoani Sanchez, she said on Monday. Sanchez, whose
critical "Generacion Y" blog received 1.2 million hits in February,
said Cubans can no longer visit her Web page
(http://www.desdecuba.com/generaciony/) and two other home-grown
bloggers on the Web site on a server in Germany. She has criticized
Cuba's new leader, Raul Castro, who formally took over from his
ailing brother Fidel Castro last month, for his vague promises of
change and minimal steps to improve the standard of living of Cubans.
http://www.reuters.com/article/internetNews/idUSN2432888520080324

HEALTH CARE JOURNALISM TV
[SOURCE: TVWeek]
The public is turning to TV more and more for health information,
creating a surge of news and entertainment shows on the subject.
Health care journalists are fighting to tell the story in a time of
scarce resources. Below find links to a couple dozen stories on TV
health care journalism.
http://www.tvweek.com/health-care-journalism/index.php
(requires free registration)
--------------------------------------------------------------
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.
--------------------------------------------------------------

Justice Approves XM-Sirius Merger

JUSTICE APPROVES XM-SIRIUS MERGER
After a review of the proposed XM-Sirius merger, the Department of Justice has concluded that the evidence does not demonstrate that the proposed merger of XM and Sirius is likely to substantially lessen competition, and that the transaction therefore is not likely to harm consumers. The Department reached this conclusion because the evidence did not show that the merger would enable the parties to profitably increase prices to satellite radio customers for several reasons, including: a lack of competition between the parties in important segments even without the merger; the competitive alternative services available to consumers; technological change that is expected to make those alternatives increasingly attractive over time; and efficiencies likely to flow from the transaction that could benefit consumers. The Department's investigation indicated that the parties are not likely to compete with respect to many segments of the satellite radio business even in the absence of the merger. Because customers must acquire equipment that is specialized to the satellite radio service to which they subscribe, and which cannot receive the other provider’s signal, there has never been significant competition for customers who have already subscribed to one or the other service. For potential new subscribers, past competition has resulted in XM and Sirius entering long-term, sole-source contracts that provide incentives to all of the major auto manufacturers to install their radios in new vehicles. The car manufacturer channel accounts for a large and growing share of all satellite radio sales; yet, as a result of these contracts, there is not likely to be significant further competition between the parties for satellite radio equipment and service sold through this channel for many years. In the retail channel, where the parties likely would continue to compete to attract new subscribers absent the merger, the Department found that the evidence did not support defining a market limited to the two satellite radio firms that would exclude various alternative sources for audio entertainment, and similarly did not establish that the combined firm could profitably sustain an increased price to satellite radio consumers. Substantial cost savings likely to flow from the transaction also undermined any inference of competitive harm. Finally, the likely evolution of technology in the future, including the expected introduction in the next several years of mobile broadband Internet devices, made it even more unlikely that the transaction would harm consumers in the longer term.
http://www.usdoj.gov/opa/pr/2008/March/08_at_226.html
* Sirius plan to buy XM gets antitrust approval
The Federal Communications Commission must determine whether the XM-Sirius is in the public interest, and whether to enforce its 1997 order barring either satellite radio company from acquiring the other. A source at the FCC said FCC Chairman Kevin Martin has yet to make a proposal either approving or opposing the XM-Sirius combination, but has asked the agency's staff to draft documents for different possible outcomes. This source said the FCC could be strongly influenced by the Justice Department accepting the satellite radio companies argument that they face stiff competition from traditional AM/FM radio, high-definition radio, MP3 players and audio delivered by mobile phones.
http://www.reuters.com/article/technologyNews/idUSWAT00918420080324
* Justice Dept Approves XM-Sirius Merger (Associated Press)
"We are astonished that the Justice Department would propose granting a monopoly to two companies that systematically broke FCC rules for more than a decade," said National Association of Broadcasters Executive VP Dennis Wharton. "To hinge approval of this monopoly on XM and Sirius's refusal to deliver on a promise of interoperable radios is nothing short of breathtaking."
http://www.tvnewsday.com/articles/2008/03/24/daily.15/
*
MEMBERS OF CONGRESS RESPOND TO XM-SIRIUS DECISION
1) Sen Herb Kohl (D-WI), the chairman of the Senate Antitrust Subcommittee, told the Federal Communications Commission it should not allow XM Satellite Radio and Sirius Satellite Radio to merge, saying that it would create a satellite-radio monopoly. He said, "We believe the elimination of competition between XM and Sirius is contrary to antitrust law and the interests of consumers. We urge that the FCC find the merger contrary to the public interest and exercise its authority to block it. We are particularly disturbed by this decision given the Justice Department's record in recent years of failing to oppose numerous mergers that reduced competition in key industries, resulting in the Justice Department not bringing a single contested merger case in nearly four years." 2) Sen Byron Dorgan (D-ND) called the Department of Justice decision to approve the merger "another disappointing example of this administration's blatant disregard for the public interest with regard to media ownership." He said "the American consumer will pay the price" if the merger ultimately eliminates competition in satellite radio. 3) House Telecommunications & Internet Subcommittee chairman Ed Markey (D-Mass.) said the Department of Justice's approval of the XM Satellite Radio-Sirius Satellite Radio merger without conditions was par for the course, but he told the Federal Communications Commission it should aim for more. “If the Federal Communications Commission, after completing its analysis and consideration of the proposed merger, decides to approve it, I urge the FCC to appropriately condition any such approval to ensure consumer welfare with respect to long-term service plans and pricing, as well as equipment compatibility and pricing,” he said.
* Kohl: FCC Should Block XM-Sirius Merger
http://www.broadcastingcable.com/article/CA6544438.html?rssid=193
* Dorgan: XM-Sirius Approval Shows 'Blatant Disregard' Of Public Interest
http://www.radioink.com/HeadlineEntry.asp?hid=141526&pt=todaysnews
* Markey Tells FCC XM-Sirius Merger Needs Conditions
http://www.broadcastingcable.com/article/CA6544432.html?rssid=193
* Public Knowledge Asks FCC For Conditions on XM-Sirius Merger
1) The new company should make available pricing choices such as a la carte or tiered programming; 2) The new company should make 5% of its channel capacity available to noncommercial educational and informational programming over which it has no editorial control; 3) The new company should agree not to raise prices for its combined programming package (as opposed to each individual company’s current programming package) for three years after the merger is approved; and 4) The new company should make the technical specifications of its devices and network open and available to allow device manufacturers to develop, and consumers to use, any device they choose without interference. Pursuant to Commission rules, these devices must be certified by the FCC for receiving signals on the frequencies licensed to the merged entity and be subject to a minimum “do-no-harm” requirement.
http://www.publicknowledge.org/node/1469
* DOJ Approves Sirius, XM Merger
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=10037...
* Department of Justice OK with XM-Sirius Merger
http://www.broadcastingcable.com/article/CA6544336.html?rssid=193
* Justice Dept. Approves XM Merger With Sirius
http://www.nytimes.com/2008/03/25/business/25radio.html?ref=todayspaper
* XM, Sirius Move Closer To Improbable Merger
http://online.wsj.com/article/SB120638514923860085.html?mod=todays_us_ma...
* Justice Dept. Approves XM-Sirius Radio Merger
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/24/AR200803...
* Justice Dept. OKs merger of XM, Sirius; now it's up to FCC
http://www.usatoday.com/printedition/money/20080325/3b_sirius25.art.htm
* Justice Department approves Sirius-XM merger
http://www.latimes.com/business/printedition/la-fi-xm25mar25,1,1208665.s...
* Merger of XM and Sirius gets go-ahead
http://www.ft.com/cms/s/76a0ded4-f9f3-11dc-9b7c-000077b07658.html

Intersection of Race and Telecomm Policy: Andrew Schwartzman

On March 18, Sen Barack Obama delivered a speech called "A More Perfect Union." Many have viewed the speech as a challenge to the nation to address our "racial stalemate." Beginning today, the Benton Foundation is taking the opportunity to host a dialogue on the intersection of race and telecommunications policy. In this Q&A with Media Access Project President & CEO Andrew Jay Schwartzman, we ask about the US's history of legalized discrimination the effects that can still be seen today. We invite you to add your voice to the discussion at the URL below.

Google unveils "white space" airwaves plans

Google on Monday unveiled plans for a new generation of wireless devices to operate on soon-to-be-vacant television airwaves, and sought to alleviate fears that this might interfere with TV broadcasts or wireless microphones. In comments filed with the Federal Communications Commission, the company outlined plans for low-power devices that use local wireless airwaves to access the "white space" between television channels. A Google executive called the plan "Wi-Fi 2.0 or Wi-Fi on steroids." "The airwaves can provide huge economic and social gains if used more efficiently," Google said in the comments. Rick Whitt, Google's Washington telecom and media counsel, said this class of Wi-Fi devices could eventually offer data transmission speeds of billions of bits per second -- far faster than the millions of bits per second available on most current broadband networks. Consumers could watch movies on wireless devices and do other things that are currently difficult on slower networks.
http://www.reuters.com/article/internetNews/idUSWAT00918220080324

Congress needs a full review of what happened with FCC spectrum bids

[Commentary] Something stinks about the recent Federal Communications Commission auction to build wireless networks for the nation's emergency responders. The short version appears to be that a nonprofit group, the Public Safety Spectrum Trust, hired by the nation's 55,000 public safety agencies, was trying to shake down the companies that won the federal airwaves auction. The shake down money was allegedly headed for the fire and police agencies. FCC Chairman Kevin J. Martin has said the commission could vote within days to rebid the public safety airwaves. Chairman Martin also wants his inspector general to investigate the allegations. But that shouldn't stop Congress from calling for a full review to find out what really was behind the low-ball bids from the as-yet-announced winners.
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20080324/OPINIO...