March 2008

Next week's telecom agenda includes 1) a meeting=20
of the FCC's Advisory Committee on Diversity for=20
Communications in the Digital Age, 2) a House=20
hearing on private equity media ownership, and 3)=20
a meeting of the CPB Board of Directors. For=20
these and other upcoming media policy events, see=20
http://www.benton.org/calendar/2008/3

FCC REFORM
FCC vs. The Public
The Other Side of the McCain Lobbyist Scandal

ELECTIONS & MEDIA
Public Wants More Issue Coverage
Candidates ride wave of TV appearances

BROADCASTING/PAY TV
NAB Urges Stations to Comment on Localism
Navigating TV's Shifting Taste Boundaries
NPR Chief Ousted
NATOA Survey: Impact of State Video Services Legislation

SPECTRUM
Auction of wireless airwaves seen nearing end

INTERNET/BROADBAND
Who should bear the cost of tomorrow's broadband?

DIGITAL CONTENT
House panel kills controversial copyright provision

GOVERNMENT & COMMUNICATIONS
Press freedoms are among casualties of terrorist attacks

FCC REFORM

FCC VS THE PUBLIC
[SOURCE: , AUTHOR: Eric Alterman, George Zornick]
[Commentary] Regulation is to the Bush=20
administration what frugality is to George=20
Steinbrenner. Conservative distaste for=20
government oversight is evident throughout the=20
current federal government. But among its most=20
dramatic manifestations lies in the decline of=20
the Federal Communications Commission as a true=20
regulatory body, empowered to protect the=20
public's interest in public airwaves. The FCC's=20
duties, or neglect thereof, rarely enjoy much=20
discussion in the mainstream media, as evidenced=20
by the recent hubbub over John McCain and Vicki=20
Iseman: at the heart of the issue isn't romance,=20
but lobbying. Specifically, McCain allegedly=20
lobbied the FCC to approve the sale of a=20
television station to a major financial=20
contributor. The issue beneath the screaming=20
headlines and campaign spin is really how=20
corporations use their financial influence to=20
control media ownership. Anyone interested in=20
free airwaves that operate in the public interest=20
has their work cut out for them in reversing=20
these damaging policies. Ownership rules need to=20
be revisited, as do obscenity regulations, to=20
bring rationality to the system. And the FCC=20
needs to take a more active oversight role,=20
especially when it comes to telecommunications=20
companies. But the first step to addressing media=20
consolidation and deregulation is a robust public=20
discussion. None of this nonsense would likely=20
survive the light of day were it only in the media's interest to cover it.
http://www.americanprogress.org/issues/2008/03/fcc_vs_public.html

THE OTHER SIDE OF THE MCCAIN LOBBYIST SCANDAL
[SOURCE: The Nation, AUTHOR: Jerold M. Starr]
[Commentary] The leader of the campaign opposing=20
the transfer of Pittsburgh's second public=20
television station (Channel 16), along with $17.5=20
million, to a conservative televangelist ministry=20
so that Paxson could expand his network into the=20
Pittsburgh market knows that Sen John McCain=20
(R-AZ) broke the rules while doing the bidding of=20
media mogul Lowell "Bud" Paxson, a major=20
contributor to McCain's 2000 presidential=20
campaign. He writes, "McCain's staff lied it=20
about it then and they are inventing new lies=20
even now." At the time, McCain's staff said to=20
the press that his intervention was appropriate=20
because "there was no formal opposition" to the=20
TV station sale. That was not true. The major=20
reason the case took so long -- McCain's stated=20
reason for pushing for a decision -- is the=20
well-documented presentation by Starr's campaign=20
that Cornerstone was not qualified to run our=20
educational broadcasting station.
http://www.thenation.com/doc/20080317/starr

ELECTIONS & MEDIA

PUBLIC WANTS MORE ISSUE COVERAGE
[SOURCE: Pew Research Center for the People & the Press]
Democrats, Republicans and independents are in=20
agreement that the media should focus more on=20
issues -- both foreign and domestic -- in=20
covering the presidential campaign. More than=20
three-quarters of the public (78%) would like to=20
see more coverage of the candidates' positions on=20
domestic issues and 74% would like to see more=20
coverage of foreign policy positions. Fewer than=20
half the public (40%) know a lot or a fair amount=20
about Democratic front runner Barack Obama's=20
foreign policy positions. This compares with 54%=20
who know at least a fair amount about Hillary=20
Clinton's positions on foreign policy and 52% who=20
know as much about John McCain's positions. Even=20
among those who have been following campaign news=20
very closely, only a bare majority (54%) say they=20
know a lot or a fair amount about Obama's foreign=20
policy positions. Fully a quarter say they know=20
very little. By comparison, 71% of those who are=20
paying very close attention to campaign news know=20
a lot or a fair amount about Clinton's positions=20
on foreign policy and nearly as many (67%) know=20
at least a fair amount about McCain's positions.=20
Democrats know more about Clinton's positions on=20
foreign policy than they do about Obama's=20
positions. More than six-in-ten Democrats or=20
independents who lean Democratic (63%) know a lot=20
or a fair amount about Clinton's foreign policy=20
positions, while 50% know a lot or a fair amount=20
about Obama's positions. Among Republicans, 61%=20
know a lot or a fair amount about McCain's positions on foreign policy.
* Has the Press been too easy on Obama?
Complaints from the Clinton campaign and others=20
that the media has been too easy on Obama seem to=20
have had a limited impact on public opinion.=20
Fully 58% of the public say the press has been=20
fair in the way it has covered Obama's campaign;=20
28% say the press has been too easy on the=20
Illinois senator - up slightly from 23% in early=20
February. The public is somewhat more critical of=20
the way the press has covered the Clinton=20
campaign, 18% say the press has been too tough on=20
Clinton while only 8% say the same about coverage=20
of Obama. Even so, 58% say the press has been=20
fair to Clinton. Nearly two-thirds of Americans=20
(64%) say the McCain campaign has gotten fair=20
treatment from the press. Equal percentages (14%)=20
say the press has been either too easy or too tough on McCain.
* Campaign Dominates, Iraq Fades from News Agenda
According to the Project for Excellence in=20
Journalism, since the beginning of October, 2007,=20
the presidential campaign has been the most=20
heavily covered news story each week with only=20
two exceptions: the California wildfires in=20
late-October and the turmoil in Pakistan in early November.
http://people-press.org/reports/display.php3?ReportID=3D399
* Poll: More Respondents Find Hillary Clinton Coverage Fair
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA6539085.html?rssid=3D193

CANDIDATES RIDE WAVE OF TV APPEARANCES
[SOURCE: Reuters, AUTHOR: Paul J. Gough]
Hillary Clinton's presidential campaign was all=20
but written off after 11 straight primary losses,=20
but her brief appearances on both shows, along=20
with "SNL's" sharp criticism of the press corps=20
as being too light on Obama, has helped turn her=20
campaign around and led to a greater scrutiny of=20
her opponent. While no one's willing to say that=20
the "SNL" appearance led to the victories, it's=20
clear that it had some kind of impact. Well-timed=20
media exposure has boosted candidates since the=20
early 1960s, when then-Sen. John F. Kennedy=20
appeared with his wife, Jackie, on Edward R.=20
Murrow's "Person to Person" and in 1968 with=20
Richard Nixon's "Sock it to me?" on "Rowan &=20
Martin's Laugh-In." More recently, President Bill=20
Clinton revived his flagging 1992 candidacy in=20
part by a saxophone-playing stint on "The Arsenio Hall Show."
http://www.reuters.com/article/entertainmentNews/idUSN0616067820080306

BROADCASTING/PAY TV

NAB URGES STATIONS TO COMMENT ON LOCALISM
[SOURCE: tvnewsday]
The National Association of Broadcasters has=20
placed a 'Call to Action' on the front page of=20
the NAB Web site, asking both member and=20
non-member stations to file comments with the FCC=20
regarding its localism proceeding. "Now is the=20
time for every broadcaster in America to make=20
sure the FCC understands the extraordinary=20
lengths that stations go to serve our=20
communities," said NAB President-CEO David K.=20
Rehr. "From emergency weather warnings to AMBER=20
Alerts, broadcasters are a lifeline to=20
communities in need. Local stations are also=20
cherished partners with countless charities,=20
raising tens of millions of dollars through=20
on-air fundraising. Broadcasters need to educate=20
the Commission on our efforts, and to make=20
certain that public policymakers get a complete=20
picture of our unparalleled commitment to localism and public service."
http://www.tvnewsday.com/articles/2008/03/06/daily.11/
* The FCC has extended the period for public=20
comment in the localism proceeding: comments are=20
due April 28 and reply comments are due June 11, 2008.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-515A1.doc
* FCC Extends Comment Deadlines on Localism Proposals
http://www.broadcastingcable.com/article/CA6539079.html?rssid=3D193
* Broadcasters blast FCC localism proposals
The nation's broadcasting lobbyists cheered the=20
Federal Communications Commission's December 18,=20
2007 decision to relax its newspaper/TV station=20
cross-ownership ban. But station owners and their=20
reps have been far less enthusiastic about=20
tentative FCC proposals announced on the same day=20
to encourage them take their localism obligations=20
more seriously. These include requiring a minimum=20
amount of local programming, maintaining on a=20
bare bones physical presence at each station, and=20
setting up permanent advisory boards for each=20
license. The agency has also asked the public for=20
comment on whether the FCC should take steps to=20
limit station practices like voice tracking=97using=20
digital automation rather a live deejay.
http://arstechnica.com/news.ars/post/20080306-broadcasters-blast-fcc-loc...
sm-proposals.html
* Broadcast Localism: An informed public plays a=20
vital role in helping stations serve local community needs
http://www.benton.org/node/9258

NAVIGATING TV'S SHIFTING TASTE BOUNDARIES
[SOURCE: Wall Street Journal, AUTHOR: Rebecca Dana rebecca.dana( at )wsj.com]
Directors and producers are deploying new tactics=20
to get spicy material into television shows.=20
Exactly what network standards will allow is a=20
particularly touchy subject this season, as=20
broadcasters struggle to walk a fine line between=20
the television audience's growing appetite for=20
steamy fare and the Federal Communications=20
Commission and partisan watchdog groups'=20
shrinking tolerance for it. The FCC's concerns=20
aren't just about nudity. Last year, the=20
broadcast networks sued to block the FCC's=20
profanity policy, which presumes all utterances=20
of two common four-letter words to be shocking or=20
sexual in nature. An appeals court in New York=20
suspended the policy, and now the FCC is asking=20
the Supreme Court to hear the case so the=20
commission can resume its crackdown. The Supreme=20
Court could announce any day whether it will=20
accept the case. Meanwhile, the conservative=20
watchdog group Parents Television Council has=20
launched several campaigns against prime-time=20
television programs, including one seeking to=20
punish NBC for sexual content in the season=20
finale of "Las Vegas" and another opposing the=20
broadcasting of edited episodes of the Showtime=20
serial killer drama "Dexter" on CBS. But even as=20
the penalties for testing the limits of decency=20
have gotten harsher, the incentives have grown.=20
Audiences flocked to this season's=20
most-titillating new offerings, driving up=20
ratings for provocative shows like CW's "Gossip=20
Girl," NBC's "Lipstick Jungle" and ABC's "Dirty=20
Sexy Money," while leaving tamer programs such as=20
CBS's "Kid Nation" and NBC's "Journeyman" to waste away.
http://online.wsj.com/article/SB120484915829718055.html?mod=3Dtodays_us_...
kend_journal
(requires subscription)
* Vigorous Indecency Policing: The Vise Tightens
http://www.tvnewsday.com/articles/2008/03/07/daily.1/

NPR CHIEF, IN OFFICE SINCE 2006, WILL DEPART
[SOURCE: New York Times, AUTHOR: Elizabeth Jensen]
The board of National Public Radio announced=20
Thursday that the chief executive, Ken Stern, 44,=20
was leaving after less than 18 months in the job.=20
The board said the departure was =93by mutual=20
agreement.=94 Mr. Stern was executive vice=20
president from 1999 until he was promoted in=20
October 2006. Just Wednesday, he announced plans=20
for a new 10-story NPR headquarters in=20
Washington. During his tenure, NPR stabilized its=20
finances and doubled its audience to some 26=20
million listeners a week. But like other media=20
groups, NPR has grappled with enhancing its=20
presence online, without alienating the radio=20
stations that make up its membership and that=20
derive their income from listener pledges and corporate sponsorship.
http://www.nytimes.com/2008/03/07/business/07npr.html?ref=3Dtodayspaper
(requires registration)
* NPR Leader Out After Board Clash
People at NPR said that Stern and the=20
organization's 17-member board had clashed=20
repeatedly over several of Stern's initiatives,=20
including NPR's expansion into new media. Those=20
initiatives often riled station managers, who saw=20
them coming at the expense of serving the=20
hundreds of public stations that pay dues=20
annually to NPR. NPR's board, which includes 10=20
members from station groups, declined to renew=20
Stern's contract yesterday. Stern will be=20
replaced on an interim basis by the board's=20
chairman, Dennis L. Haarsager, while the board=20
conducts a search for a permanent replacement.=20
Haarsager, who is general manager of Northwest=20
Public Radio, a 13-station group in Washington=20
state, said in an interview that he "did not=20
anticipate" taking the job permanently.
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/06/AR200803...
3473.html

NATOA SURVEY: IMPACT OF STATE VIDEO SERVICES LEGISLATION
[SOURCE: National Association of Telecommunications Officers and Advisors]
The National Association of Telecommunications=20
Officers and Advisors released results of a=20
survey of the impact state video services=20
legislation has had to date on communities and=20
subscribers. Finding includes: 1) Rates have not=20
decreased according to 98% of those surveyed. 2)=20
Incumbent basic rates have increased $1.12 for=20
analog and $1.51 for digital. 3) Most new=20
entrants do not market a Basic Service Tier nor=20
report rates, which makes consumer comparison=20
shopping difficult at best. 4) Consumer=20
complaints remain high with 74% of respondents=20
reporting the same level of complaints, except as=20
they relate to the availability of choice of=20
provider. 5) The majority of LFAs reported that=20
on incumbent systems, the number of PEG (Public,=20
Educational and Governmental) access channels has=20
remained constant (97%) and that the technical=20
quality has remained the consistent (89%). PEG=20
channel positions on new entrant systems were=20
reported as different from the incumbents by 39%=20
with worse or poor technical quality reported by=20
36% on new entrant systems. PEG funding was the=20
same for 44% of the LFAs, whereas funding=20
increased for 12% and actually decreased for 22%=20
of respondents. 6) Overall, 82% of LFAs do not=20
believe that state video legislation is having a=20
positive impact on their community; 90% believe=20
that PEG programming is not being treated in an=20
equitable manner by new entrants; and 97% believe=20
that customer service has not improved under state supervision.
http://www.natoa.org/2008/03/natoa-survey-impact-of-state-v.html

SPECTRUM

AUCTION OF WIRELESS AIRWAVES SEEN NEARING END
[SOURCE: Reuters, AUTHOR: Peter Kaplan]
Bidding is expected to draw to a close soon in=20
the closely watched auction of wireless airwaves=20
that the U.S. government is selling. After more=20
than a month of bidding that has raised a record=20
$19.59 billion, analysts said the auction of 700=20
meghertz airwaves is likely to end within a=20
matter of days. Under rules set by the Federal=20
Communications Commission, the auction must=20
continue until bidding has stopped on all five=20
blocks of spectrum offered for sale. Bidders'=20
identities remain secret until the entire auction=20
ends. Earlier this week, the FCC accelerated the=20
700 megahertz bidding to 10 rounds per day,=20
signaling that the agency is moving to wind up=20
the auction. The agency faces a decision on what=20
to do with the one block of spectrum that did not=20
meet its minimum bid price, the "D" block of=20
spectrum. Under FCC rules, the winner of that=20
piece of spectrum would have to give police,=20
firefighters and other public safety groups priority use during an emergenc=
y.
http://www.reuters.com/article/industryNews/idUSN0623094620080306

INTERNET/BROADBAND

WHO SHOULD BEAR THE COST OF TOMORROW'S BROADBAND?
[SOURCE: InfoWorld, AUTHOR: Chris Kanaracus]
As the volume of Internet traffic grows=20
explosively, driven by factors like rampant=20
demand for online video, a new question is=20
arising: Who will get the bill for the megasized=20
data pipes of the future? A panel of industry=20
executives and analysts mulled that question and=20
related issues during a keynote event Thursday at=20
the Cebit conference in Hanover, Germany.=20
Observers have predicted that while the Web's=20
infrastructure is quickly becoming more robust,=20
richer, higher-traffic content will accordingly=20
help fill the additional bandwidth. In fact, the=20
amount of information created, captured, and=20
replicated on the Internet will grow to nearly=20
1,000 exabytes over the next several years, from=20
less than 200 exabytes in 2006, according to a=20
slide Bieler showed. An exabyte is a billion=20
gigabytes. The situation has led to tensions=20
between providers of bandwidth-munching services=20
-- as well as p-to-p (peer-to-peer) file-sharing=20
networks -- and the network providers who build=20
out the underlying infrastructure. The=20
long-simmering "net neutrality" debate has=20
centered on whether all types of traffic should=20
be treated equally by network providers.
http://www.infoworld.com/article/08/03/06/Who-should-bear-cost-of-broadb...
_1.html

DIGITAL CONTENT

HOUSE PANEL KILLS CONTROVERSIAL COPYRIGHT PROVISION
[SOURCE: InfoWorld, AUTHOR: Grant Gross]
House Judiciary Committee's Subcommittee on=20
Courts, the Internet, and Intellectual Property=20
has stripped out a provision in a copyright=20
enforcement bill that would have increased fines=20
for compilation CDs containing pirated music by=20
10 times or more. Critics of the original version=20
of the Prioritizing Resources and Organization=20
for Intellectual Property (PRO IP) Act had=20
complained that one provision would assess fines=20
for each separate copyright work on a compilation=20
work such as a CD, meaning the fines for a=20
10-song compilation CD would range from $7,500 to=20
$1.5 million, instead of the Subcommittee voted=20
on Thursday to approve an amendment that stripped=20
out the controversial provision. Critics,=20
including online civil rights group Public=20
Knowledge, had complained that the compilation=20
provision in the original bill would have gone=20
too far with new penalties. The compilation=20
provision would have treated each song on a=20
compilation CD as a separate copyright violation,=20
instead of treating the entire CD as one=20
copyright violation, as is the practice now.
http://www.infoworld.com/article/08/03/06/House-panel-kills-controversia...
opyright-provision_1.html
* House panel deletes part of music industry-backed copyright bill
http://www.news.com/8301-10784_3-9887568-7.html?part=3Drss&subj=3Dnews&tag=
=3D2547-1_3-0-5
* House Subcommittee Passes Pro IP Act
Both sides in the=20
content-protection/fair-use-protection debate=20
found something to like in the passage of the=20
Prioritizing Resources and Organization for=20
Intellectual Property Act of 2007 (Pro IP) by the=20
House Judiciary Subcommittee on the Courts, the=20
Internet and Intellectual Property.
http://www.broadcastingcable.com/article/CA6539068.html?rssid=3D193

GOVERNMENT & COMMUNICATIONS

AP CHIEF: PRESS FREEDOMS ARE AMONG CASUALTIES OF TERRORIST ATTACKS
[SOURCE: Associated Press, AUTHOR: Tom Curley,=20
Associated Press President and CEO]
[Commentary] What has become clear in the=20
aftermath of 9/11 is how much expediency trumps=20
safeguards. Congress steps back from its=20
constitutional role of executive oversight.=20
Civilian oversight of the military wanes. A=20
Justice Department interprets laws in ways that=20
extend police powers. More drastically, prisons=20
are established in places where government or=20
military operatives circumvent due process or=20
control trials. It's at moments like these when a free press matters most.
http://apexchange.typepad.com/industry_news/2008/03/ap-chief-press.html
--------------------------------------------------------------
... and we are outta here. Have a great weekend,=20
don't forget to change your clocks!
--------------------------------------------------------------
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.
--------------------------------------------------------------