June 2008

Putting the Remote Control Back Into the Hands of Parents

How Children Can Benefit from the Digital TV Transition

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Exposure to educational television has been shown to have positive effects on the social, intellectual, and educational development of children.1 Is it possible to find truly educational content on broadcast television?

The State of Television Today
While family may be the most important influence in a child's life, television is not far behind. The DTV transition is coming at a time when children of all ages are heavy media consumers. Television is like having a third parent in the home — competing vigorously for our children's hearts and minds. Television can inform, entertain, and teach. However, some of what TV teaches may not be the things we want our child to learn.

Today, parents are struggling to ensure that their children have the education and skills they need to compete and win in the 21st century economy. But for many parents television is a cause for concern.

  • Children watch an average of 25 hours a week of television.2
  • Children spend more time watching television than any other activity except sleeping.3
  • Children spend four times as much time each week watching television as doing homework.4
  • By the time a child graduates from high school, she will have watched 8,000 simulated murders and seen hundreds of thousands of commercials.5
  • Studies show that TV viewing may lead to more aggressive behavior and less physical activity.6
  • Aggressive product advertising has created children's shows that the FCC considers program-length commercials.7

In order to give parents greater control over the television programs viewed by their children, Congress in 1996 created the V-chip system, which includes the design of a rating system in tandem with technology built into TV sets that would enable parents to screen out programs containing sexual, violent, or other indecent material.8

Today, to win expedited license renewal approval, a television licensee must provide a minimum of three hours per week of educational and informational programs that "further the positive development" of children 16 years of age and younger.9

The Transition to Digital
In September 2004, the FCC unanimously issued new rules to extend children's television rules to digital television.10 The rules help ensure that children have access to at least three hours per week of educational television programming in digital format and that parents are able to identify educational shows. This rulemaking constitutes a critical albeit small victory for children that will help increase the impact and decrease the dangers of digital technology.

• Ensuring Three Hours Per Week of Positive Children's Programming Per Channel
The FCC order requires broadcasters that use their multicasting capacity to provide the equivalent of three hours of children's programming on each full-time non-subscription channel, resulting in up to 18 hours of children's programming per week per broadcaster.

• Giving Parents Better Tools to Make Choices for Their Children
The FCC order requires both analog and digital broadcasters to identify core children's programming by displaying the symbol E/I (for educational/informational) throughout the program — helping provide parents with better information. Advocates have encouraged the FCC and broadcasters to do even more, for example by ensuring that, with the click of a mouse, parents can learn more about a program and why a program is rated in a certain way.

• Continuing Protections for Children from Aggressive Advertising
Given children's unique vulnerability to commercial persuasion and the unprecedented levels of commercialism on television, the FCC took an important first step in addressing invasive marketing practices, but stopped short of banning interactive advertising.
Proposed Solutions

For the FCC's new rules to be meaningful, they have to be enforced — and parents play a key role in this enforcement. Commercial TV stations must make and retain Children's Television Programming Reports identifying the educational and informational programming for children aired by the station. You can also view each station's reports on the FCC's web site at http://www.fcc.gov/mb/policy/kidstv.html. If parents do not agree that the programming offered by a station is educational or informational, they can file a complaint with the FCC by contacting its Enforcement Bureau.12

Media reform activists are stepping forward to challenge the licenses of broadcasters who fail to serve the educational needs of children. After reviewing the children's television reports filed by Washington, DC, television stations with the assistance of children's television expert Dr. Dale Kunkel, a Professor in the Department of Communication of the University of Arizona, the Office of Communication of the United Church of Christ and the Center for Digital Democracy asked the FCC to deny the license renewal applications of two television broadcasters serving the area for failure to serve the educational needs of children.13

The groups faulted the stations' programming for failing to meet four of the FCC's six requirements for children's educational programming: 1) the programs were not specifically designed for children, 2) they were not specifically designed to educate, 3) they were not regularly scheduled, and 4) they were not identified on air as educational programming. Some programming not only lacked any significant educational purposes, but contained an anti-social message. As Dr. Kunkel explains, "a program that includes one violent attack after another cannot seriously be said to teach children to 'get along with others' as WDCA claims." One of the questions raised by the two groups: How is teaching children anti-social behavior in their best interest?

Parents in viewing areas in other parts of the country may have similar questions — and the FCC expects you to take action to bring questionable programming to its attention.

This section used as a primary resource the Children Now Spring 2004 newsletter "Digital Television: Sharpening the Focus on Children," available online at www.childrennow.org and offering a more detailed analysis of the issue.

Three Steps to Improve Children's TV:

  • Find out how your broadcasters are serving your children.
  • Make sure your broadcasters know you care – and let the FCC know if they don't.
  • See how tools like the V-Chip, program listings, and web sites can help informed viewing.

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The Public Interest Standard in Television Broadcasting

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Public interest groups are now asking regulators to more clearly spell out what broadcasters should be doing to benefit the public in return for the use of the publics airwaves.

As the nation transitions to digital television, we must decide whether our newest television technologies can support our oldest and most time-honored values of democracy, diversity, localism, and education. It is time to put the remote control back into the public’s hands and once again give the public greater control over the children they raise, the kind of democracy they participate in, and the security they deserve.

The State of Television Today
Television has never played a more important role in our lives. It is our primary source of news and entertainment.1 But today’s television is too often out of touch with today’s realities: parent’s struggling to find educational programming for their children, voters struggling to find basic coverage of campaigns and elections so vital to our democracy, and minorities too often having difficulty finding programming reflective of their lives. In each case, broadcasters have too often lost touch with the needs of the people who own the airwaves.

Broadcasters have an obligation to serve the public’s interests, not just their own commercial interests.2 The government provides broadcasters free and exclusive access to a portion of the public airwaves – “spectrum” – for broadcasting. These profitable licenses come in exchange for broadcasters’ commitment to serve the “public interest, convenience, or necessity.” These basic obligations, called public interest obligations, are critical tools designed to ensure that television is at least partially grounded in today’s reality.

Public interest obligations (PIOs) are about whether:

  • Our children can turn on a television and find truly educational content
  • We can be active and intelligent participants in our democracy with sufficient civic programming before elections
  • The voices and views on our airwaves reflect the diversity of our country
  • Our televisions can keep us alert and informed in national and local emergencies
  • People who are sight- or hearing-impaired can access all of TV’s educational, informational, and entertainment programming

In fact, existing laws and regulations affirmatively require broadcasters to serve the public in these ways. However, we are not in a golden age of television. Over many years, the public interest standard has been slowly eroded by broadcasters who do not take these obligations seriously and by policymakers who do not realize how deeply Americans care about these issues.4

  • In 1981, broadcasters abandoned their voluntary code of conduct, which had established programming and advertising standards through industry self-regulation.
  • In 1981, the Federal Communications Commission (FCC) created a “postcard renewal process,” throwing aside a more detailed review of whether broadcasters are meeting their obligations.
  • In 1984, the FCC eliminated the ascertainment requirements whereby broadcasters had to reach out to the public, determine local community needs, address those needs through their programming, and defend those choices in their license renewal process.
  • In 1987, the FCC repealed provisions of the Fairness Doctrine, which required broadcasters to provide reasonable opportunities for contrasting and dissenting views on controversial topics.
  • In 1996, Congress passed a telecommunications deregulation bill that allows further consolidation in radio and television markets.
  • In 2003, the FCC eliminated a wide range of media concentration protections, allowing a single company to own eight radio stations, three television stations, the only daily newspaper, the dominant cable TV provider, and the largest Internet Service Provider in a single community. It also effectively allows media conglomerates to control TV stations that serve up to 90 percent of all Americans.

This slow erosion of broadcaster public interest obligations has left Americans to ask whether broadcasters are really serving their local communities, whether they are meeting the diverse needs of all Americans who own the airwaves, and whether they are contributing to a vibrant and well informed democracy. As America’s television and radio stations convert to a digital format, policymakers ought to ask the most important question of all:

How will Congress and the FCC get serious about holding broadcasters accountable for serving the public?
In June of 2003, a decision by the FCC relaxed time-honored media safeguards on media ownership and consolidation.5 It opened the door to a fundamental reshaping of the media landscape and the industries that control what we see, hear, and read.

The debate surrounding the decision sparked an unprecedented outpouring of public concern over the future of media in America.6 Americans everywhere are realizing that as broadcasters get bigger, the public’s benefits are getting smaller. Now, more and more Americans are coming to understand that broadcasters have legal obligations to serve the needs of the public, in return for exclusive use of the public’s airwaves.

The 2003 FCC decision on media ownership suggests that the FCC no longer cares what citizens want in return for broadcasters’ use of their spectrum. The decision may have led broadcasters to believe they can focus more on their commercial interests without protecting the public interest. Therefore, the transition from analog to digital television does not just represent a technological change, but an important opportunity to reassess whether the public’s airwaves are being used to meet the public’s needs.

The Transition To Digital
In the last five years, broadcasters have been given new airwaves (again for free) for digital programming. The FCC has remained silent on how broadcasters should serve the public interest with their increased digital capacity. As broadcasters transition to digital television and the sharper images that it delivers, it is time for policymakers to provide a clearer picture for how broadcasters can meet their obligations in the digital age.

And while regulators have yet to determine what the prescription will be, what’s at stake in this debate is television’s role in impacting the needs of our children, the health of our democracy, the diversity of our nation, and our preparedness for homeland security.

Proposed Solutions
Over seven years ago, the Presidential Advisory Committee on Public Interest Obligations of Digital Television Broadcasters (PIAC) examined the longstanding social compact between broadcasters and the American people and made a series of landmark recommendations on what public interest responsibilities should accompany the broadcasters’ receipt of digital television licenses.7 However, seven years later the FCC has yet to act on those recommendations.

Likewise in September 2004, a bipartisan majority of the Senate Commerce Committee directed the FCC to adopt minimum quantitative guidelines for local public affairs and electoral programs, locally produced programs, and independently produced programs.8 But, the FCC has yet to take meaningful action in response.

Although the FCC recently decided on how digital broadcasters’ obligations to children should be met on digital channels,9 it also needs to address how the transition to digital television will benefit citizens’ local, civic, and electoral needs. A powerful alliance of public policy groups, media activists, and grassroots organizers – the Public Interest, Public Airwaves Coalition – has presented the FCC a proposal to help ensure broadcasters:

  • Air a minimum of three hours per week of local, civic, or electoral affairs programming on the most-watched channel they operate.
  • Promote the FCC’s often-stated goal of diverse viewpoints and voices on television by ensuring that independent producers provide a minimum of 25 percent of their most-watched channel’s prime-time schedule.
  • Tell the public how they are serving the interests of their audiences by making this information available in a standardized format, not only at the station, but posted on the station’s own web site.

To achieve these goals, parents, voters, community leaders, activists, and concerned citizens need to pick up the television policy remote control. Change the tune coming from policymakers in Washington. Demand reality-based public interest obligations that can help make a difference in your life.

Organizations representing millions of Americans have put forward the Bill of Citizens’ Media Rights (www.citizensmediarights.com) to foster a free and vibrant media, full of diverse and competing voices. The full text of the Bill is presented in the back of this report.

Examples of Existing Public Interest Obligations:10
In the current analog television world, the list of major public interest
obligations includes:

  • an unspecified amount of local programming
  • three hours per week of educational/informational shows for children
  • participation in the V-chip ratings system
  • restrictions on indecent programming while children are likely to be watching
  • limits on all tobacco advertising and the amounts of ads during children’s shows
  • special access and rates for appearances by political candidates
  • the right of citizens and groups to defend themselves if they have been attacked on air
  • accessibility for the sight- and hearing-impaired.

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Preface

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The nations 1,600 television stations are converting from traditional analog technology to a digital television format. Digital television (DTV) is a new, more efficient technology for transmitting and receiving broadcast television signals. Digital signals are superior to analog (traditional TV) signals because of their greater accuracy, versatility, efficiency, and interoperability with other electronic media. Because digital signals can carry more information, they can mean more channels, clearer pictures, better sounds, and advanced new functionality.

All of us own the airwaves that broadcasters use to provide both analog and digital TV signals. Broadcasters have been given this special privilege - a license - for free, and in return are required by law to serve the public’s needs. Under the Telecommunications Act of 1996, the amount of spectrum given to television station owners was doubled. The policy rationale for this was to enable them to convert their signals from an analog to a digital format. When at least 85% of households in a broadcasting market can receive digital signals, the spectrum currently used for analog channels is to be returned to the government for public safety uses, with some spectrum to be auctioned off to the highest bidder and other spectrum used for unlicensed purposes. Digital television makes broadcasting more competitive and valuable in the market, and should enable broadcasters to better serve basic public needs.

A primary policy rationale for the transition to digital television is high-definition television, or HDTV. This transmission standard contains up to six times more data than conventional television signals and at least twice the picture resolution, making HDTV images substantially more vivid and engaging, and enhanced by five discrete channels of CD-quality audio.

The move to DTV technology can also significantly expand the number of channels stations can simultaneously broadcast. Instead of sending an HDTV signal, a broadcast station can send as many as six digital “standard-definition television” (SDTV) signals. Although SDTV images are not as sharp as HDTV, they are superior to existing television images. This “multicasting” capacity could allow broadcasters to compete with other multi-channel media such as cable and direct broadcast satellite systems.

Digital TV also enables interactive services through additional data streams that can be delivered to the consumer. Digital television signals can be picked up by both digital televisions and computers and can make broadcasters into “datacasters.” The data capacity of DTV makes possible services such as subscription television programming, computer software distribution, teletext, and interactive services, including revenue-producing offerings such as stock prices, sports scores, classified advertising, paging services, “zoned” news reports, advertising targeted to specific television sets, “time-shifted” video programming, and closed-circuit television.

But DTV can offer more than better pictures, more channels, and niche services.
Consumers deserve to know how broadcasters will serve their day-to-day television needs – healthy programming for children, healthy programming for our democracy, healthy programming for our communities, and as much information about the TV that comes into our living rooms as the food that comes into our kitchens.

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June 25, 2008 (FISA, USF recaps)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY JUNE 25, 2008

Headlines is going on a break. We will return MONDAY JULY 7. have a great, safe holiday.

GOVERNMENT & COMMUNICATIONS
Those DEMs and the FISA Update
Election-year spying deal is flawed, overly broad
Surveillance law won't do enough to protect privacy

INTERNET/BROADBAND
Universal Service, Broadband and the Death Star
Coalition seeks federal nudge for broadband
Study Calls for 1G Broadband in US
Baller: McCain and Obama Should Issue Joint Statement on Broadband
CWA Claims Credit for FCC Data Order, But Ignores Local Company Data
National Tech Policy: Which Way Forward?
ICANN: Meddling with DNS poses security problem

ELECTIONS & MEDIA
McCain and the Internets
McCain's Campaign Funding Hypocrisy: Why Are the Media Looking the Other Way?
Ten Things Obama Can Do With All That Money

ADVERTISING
Markey: Wait on Online-Ad-Service Technology
Crafting TV Ads for the Digital Age
One Man, One Long List, No More Web Ads

MEDIA OWNERSHIP
NAB Seeks Removal of Cross-Ownership Provision
Sinclair to Buy Raycom Station for $85M
Bloggers: Big Media Is Watching

BROADCASTING
Digital TV Switch Needs Bill Cosby
Study: 91% of Hispanics Aware of DTV Transition
Study: TV Not Hurt by Increased Online Time

QUICKLY -- House Approves 911 VoIP Bill; More states say phones and driving don't mix; Public Invited to Review FCC Strategic Plan

GOVERNMENT & COMMUNICATIONS

THOSE DEMS AND THE FISA UPDATE
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
On Friday, the House passed "the most significant revision of surveillance law in 30 years," and the Senate is expected to soon follow suit. House leaders insisted the bill was a "compromise" with conservatives, but as the New York Times noted, it was actually "a major victory for the White House after months of dispute." While progressives succeeded in forcing the White House to accept some important concessions, the deal fails to give the Foreign Intelligence Surveillance Court the authority to protect law-abiding Americans from being spied on by their government. It also essentially shields telecoms from civil lawsuits and almost certainly ensures that the approximately 40 lawsuits that have been filed against telecoms for complying with the administration's illegal spying will be dismissed. Although both were absent from Washington and did not participate in the negotiations, Sens Barack Obama (D-IL) and John McCain (R-AZ) on Friday offered qualified approval of the compromise. Dennis McDonough, a foreign policy adviser to the Obama campaign, said that the legislation is acceptable to Sen Obama because the United States Inspector General will ensure accountability. On March 14 of this year the House passed an amendment that rejected retroactive immunity for phone carriers and ninety-four House Democrats voted in favor of this measure -- rejecting immunity -- then ‘changed’ to vote in favor of the June 20 House bill -- approving immunity. MAPLight.org's research department compiled PAC campaign contributions from Verizon, AT&T, and Sprint and correlated them with the voting records of all House members who voted on last week’s FISA bill. Here are the findings: 1) $8,359 to each Democrat who changed their position to support immunity for Telcos (94 Dems), 2) $4,987 to each Democrat who remained opposed to immunity for Telcos (116 Dems), 3) 88 percent of the Dems who changed to supporting immunity (83 Dems of the 94) received PAC contributions from Verizon, AT&T, or Sprint during the last three years. "Campaign contributions bias our legislative system,” said Newman. On Tuesday, Sens Chris Dodd (D-CT) and Russ Feingold (D-WI) announced the will "oppose efforts to end debate on this bill as long as it provides retroactive immunity for the telecommunications companies that may have participated in the President's warrantless wiretapping program, and as long as it fails to protect the privacy of law-abiding Americans."
http://benton.org/node/14924

ELECTION-YEAR SPYING DEAL IS FLAWED, OVERLY BROAD
[SOURCE: USAToday, AUTHOR: Editorial staff]
[Commentary] The skids are greased. President Bush and the candidates who want his job, Democrat Barack Obama and Republican John McCain, are all on board. As early as today, the Senate will begin voting on new rules governing how spy agencies intercept phone calls and e-mails between suspected terrorists overseas and people in the USA. The compromise is meant to quell the storm that erupted after Bush's warrantless wiretapping program was revealed in 2005. So does the bipartisan support mean it's a good deal? Not really. Among this latest measure's defects: 1) In loosening surveillance rules for overseas targets (intelligence officials wouldn't even need to show that they're suspected of terrorism), the program relies on the government's good intentions to preserve the rights of innocent Americans who get swept into government data banks as a byproduct. History suggests that relying on government discretion is a very bad bet. 2) It seeks to block future presidential lawbreaking by stating that this legislation is the only legal framework for such surveillance. But the original 1978 law said the same thing, which didn't stop Bush from ignoring it after Sept. 11, 2001. 3) It effectively would grant retroactive immunity to phone companies that cooperated with the president's illegal plan and now face about 40 lawsuits. A federal court must grant the protection as long as it finds that the president asked for the wiretapping and that the attorney general asserted it was legal -- which they did. The compromise, which passed the House by a substantial margin last week, isn't all bad. It requires an official account of what happened when Bush circumvented the law, requires a warrant for Americans being targeted overseas and sets up ongoing monitoring to keep the overall program on track. But the bottom line is that the president didn't need to ignore the law in the first place. The secret court that oversees the Foreign Intelligence Surveillance Act routinely grants 99.98% of the warrants the administration asks for, even after surveillance has begun. The nation would benefit if Congress held the president closer to these minimal safeguards, rather than writing him a bigger blank check.
http://www.usatoday.com/printedition/news/20080625/edit25.art.htm

SURVEILLANCE LAW WON'T DO ENOUGH TO PROTECT PRIVACY
[SOURCE: San Jose Mercury News, AUTHOR: Editorial staff]
[Commentary] The Bush administration's widespread use of eavesdropping without a warrant angered civil libertarians when it was revealed in 2005 and sparked a clash with congressional Democrats, who since have tried to shore up the U.S. right to privacy. Finally, a compromise has been reached - but it does not do nearly enough to protect innocent Americans from fishing expeditions in the name of homeland security. The legislation also lets phone and Internet companies off the hook for assisting illegal snooping in the past. It would allow a federal district court to dismiss some 40 lawsuits filed over the release of customer data as long as the companies can document that government officials assured them the wiretapping was authorized by the president. That's about as thin a fig leaf as you can get. If the lawsuits are dismissed, Americans will never know the extent of the government's wrongdoing. And if the FISA update becomes law, future presidents will have little reason not to follow Bush's example.
http://www.siliconvalley.com/opinion/ci_9689064

INTERNET/BROADBAND

UNIVERSAL SERVICE, BROADBAND AND THE DEATH STAR
[SOURCE: Benton Foundation, AUTHOR: Kevin Taglang]
Ed Markey (D-MA), the Chairman of the House Subcommittee on Telecommunications and the Internet, held a hearing exploring the core principles of universal service, which historically has provided a baseline level of affordable voice telecommunications service to everyone in the United States, in light of the rise of Internet-based broadband communications technologies and the changing marketplace. He said it was time to begin a "conversation about what we believe universal service should be in the 21st Century. This will allow us to effectively manage both the imposition of fees as well as justify the eligibility and purpose of disbursements." He wanted to begin with questions: what level of service should be supported for rural consumers? Should the supported services include just plain old telephone service or broadband, wireline or wireless service too? If competition fails to achieve affordability for a particular service in a rural community, should extremely wealthy rural consumers be subsidized or should the program be targeted to assure affordability for non-wealthy consumers in some way? For low income consumers in non-rural areas, should their supported service or services be comparable to the level of service provided to rural consumers? How should Congress or the FCC adjust the program for rural health care? What about the future of the e-rate? House Commerce Committee Chairman John Dingell said, "Broadband is the communications platform of the future. Any successful universal service program for the future must account for this reality. Universal service is about access and affordability. A proper universal service program should ensure access and affordability in places and situations where market forces cannot or do not. Properly targeting universal service support must ensure consistency, efficiency, and fairness." Chairman Dingell said Congress, not the Federal Communications Commission, is better suited to make the tough political choices on how best to reform the system. Rep Mike Doyle (D-PA) may grab all the headlines saying, "Generally, I think the Universal Service Fund needs to be blown up like the Death Star." He continued, "We need to completely reform the Fund by moving away from subsidizing telephone service and instead put our money toward the broadband future. For now, I'll call this needed reform Universal Service 2.0."
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/24/AR200806...
* Chairman Markey
http://markey.house.gov/index.php?option=com_content&task=view&id=3406
* Chairman Dingell
http://energycommerce.house.gov/Press_110/110st180.shtml
* Universal Service Fund should be "blown up" like Death Star (ars technica)
http://arstechnica.com/news.ars/post/20080624-universal-service-fund-sho...
* George Lucas: Free Broadband for Schools (Broadcasting&Cable)
http://www.broadcastingcable.com/article/CA6572807.html?rssid=193
* U.S. must reform telecom services fund Congress told (Reuters)
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/24/AR200806...
* George Lucas Calls for 'Third Internet' (PC Mag)
http://www.pcmag.com/article2/0,2817,2321610,00.asp

COALITION SEEKS FEDERAL NUDGE FOR BROADBAND
[SOURCE: Associated Press, AUTHOR: Anick Jesdanun]
Vint Cerf and Federal Communications Commission member Jonathan Adelstein joined forces Tuesday in renewing calls for the U.S. government to more actively expand broadband service. They and other members of a new coalition promised hearings across the country and set up a Web site at InternetForEveryone.org to outline principles such as universal access and competition to ensure lower prices and faster Internet connection speeds. But the group offered few specifics, including any proposed legislation. Josh Silver, executive director of the Free Press advocacy group, said that given the complexities of broadband policy, the new coalition was focusing instead on raising awareness and establishing ideas for the next administration to consider. Other members of the coalition include leading Internet scholars Lawrence Lessig and Jonathan Zittrain; Michael Winship, president of the Writers Guild of America-East, which recently battled Hollywood over online rights; and Robin Chase, co-founder of the Zipcar automobile-rental service.
http://news.yahoo.com/s/ap/20080624/ap_on_hi_te/broadband_policy
* New group makes broadband a national priority (C|Net News.com)
http://news.cnet.com/8301-10784_3-9976522-7.html?part=rss&subj=news&tag=...

STUDY CALLS FOR 1G BROADBAND IN US
[SOURCE: PCWorld, AUTHOR: Grant Gross]
The U.S. should aim for 100M bps (bits per second) of broadband available to all U.S. residents by 2012 and 1G bps by 2015 in order to catch up to other countries that are moving forward with broadband rollouts, recommends a study released Monday. The study, by the Baller Herbst Law Group, also calls on the U.S. to create a national broadband strategy that helps state programs bring broadband to underserved areas. Neither private industry nor government programs alone can build the broadband networks needed for the U.S. to compete globally in the coming years, said Jim Baller, founder of Baller Herbst and the study's co-author. The e-NC Authority, a state program in North Carolina focused on broadband rollout, commissioned the study, and many of Baller's recommendations are focused on how North Carolina can get broadband to the 16 percent of the state's residents who don't yet have it. Among the recommendations: Grants to broadband providers, communities working together to finance broadband networks and funding for new broadband competitors. Several speakers at a forum accompanying the study's release said other states can learn from North Carolina's broadband efforts. The state has used a combination of state, nonprofit and other funding to bring broadband to its rural areas, and in January, it awarded a US$1.2 million grant to help bring broadband to four rural counties. But speakers at Monday's event said the U.S. government needs to step forward and help bring broadband to rural areas across the nation.
http://benton.org/node/14921

BALLER: MCCAIN AND OBAMA SHOULD ISSUE JOINT STATEMENT ON BROADBAND
[SOURCE: BroadbandCensus.com, AUTHOR: William Korver]
Presidential candidates John McCain and Barack Obama should issue a statement underscoring the consensus between Republicans and Democrats on the importance of broadband in the United States, says Jim Baller. Such a statement would illustrate that the federal government is seriously reevaluating its current broadband policy – no matter who assumes the White House on January 21, 2009. Both candidates have solid solutions to improve the current broadband situation in the U.S., said Baller, of the Baller Herbst Law Group which represents municipalities that seek to offer broadband as an alternative to incumbent telecommunications and cable companies. He has also promoted the notion of a national broadband strategy. Baller said that the average “high-speed” service in the U.S. ranged between one and nine megabits per second (8 Mbps), versus countries in Europe and Asia that now average 100 Mbps, and that aim to reach one gigabit (1 Gbps) within the next few years. The US cannot afford to continue to build schools complete with inadequate broadband services, Baller said. Yet he said that 98 percent of North Carolina schools have “the wrong kind” of broadband: one that is already obsolete.
http://broadbandcensus.com/blog/?p=56

CWA CLAIMS CREDIT FOR FCC DATA ORDER, BUT IGNORES LOCAL COMPANY DATA
[SOURCE: BroadbandCensus.com, AUTHOR: Drew Clark]
[Commentary] Over at the Communications Workers of America’s blog, Speed Matters, the union claimed credit for the Federal Communications Commission’s recent order requiring broadband companies to provide the FCC with more information, including data about availability by Census tract. However, although it is possible that the FCC’s broadband data collection will be improved, the public is not likely to benefit from any improvements. CWA makes no mention of the fact that the FCC will continue to shield the names of the broadband providers that offer service in a particular ZIP code or Census tract. BroadbandCensus.com criticized the FCC for its failure to change this policy. The current policy limits consumers’ and citizens’ ability to benefit from local broadband information. Also, with regards to speeds, the CWA post appears to misstate what the FCC required. The FCC order does not require either the carriers or agency to engage in speed tests about actual broadband performance. It only requires that carriers say what they currently offer. The FCC document has a “further notice” section, in which the agency asks for comments on whether, and how, it should conduct information about “delivered speed[s].” BroadbandCensus.com seeks to provide the public with information about local broadband availability, competition, speeds and prices. In order to make this information as useful to the public as possible, BroadbandCensus.com believes that the names of the companies that provide broadband – and the speeds and prices at which they actually deliver service – must also be made available as part of any serious effort to map out the state of broadband in America.
http://broadbandcensus.com/blog/?p=57

NATIONAL TECH POLICY: WHICH WAY FORWARD?
[SOURCE: BroadbandCensus.com, AUTHOR: Drew Bennett]
What would you do as part of a new administration to impact tech policy on day 1 in 2009? Vint Cerf would “get rid of the [Federal Communications Commission] and get Congress to work.” Erick Schonfeld of TechCrunch would start with an IP bill of rights. Alec Ross, who advises Sen Barack Obama (D-IL), would appoint a Chief Technology Officer. Josh Silver, co-founder of Free Press, would use the Presidential bully-pulpit to explain issues of digital policy to Americans (and open up White Spaces, protect muni-broadband, institute Network Neutrality, and support broadband deployment using the Universal Service Fund). Claudio Prado, who has served in the Ministry of Brazil, would work on explaining tech policy to the rest of his government and make sure every Ministry understands what “Peeracy” is (note: it’s a peer to peer movement and pirates are not allowed). Josh Silver sums it up in four words: fast, affordable, open Internet. For Alec Ross, tech policy should aim to create a citizen-centered government. Claudio Prado would simply like to see a tech policy that empowers people while Erick Schonfeld demands that technologies and policy contribute to better, more efficient governance.
http://broadbandcensus.com/blog/?p=62

ICANN: MEDDLING WITH DNS POSES SECURITY PROBLEM
[SOURCE: InfoWorld, AUTHOR: Peter Sayer]
The interception of Internet traffic to snoop on phone calls or track surfers' behavior is a hot topic -- but what's keeping members of ICANN's Security and Stability Advisory Committee up at night is the interception of traffic to and from sites that don't even exist. They explained why in a session at ICANN's public meeting. There are still a few possible domain names out there that have not yet been registered, and if you accidentally type one of them into your browser's address bar, you ought to receive an error message from the Domain Name System (DNS) signalling that the domain does not exist. What happens to those error messages is of concern to SSAC's members, who advise on the security and integrity of the domain name systems that the Internet Corporation for Assigned Names and Numbers (ICANN) coordinates. Some ISPs (Internet service providers) and domain name registrars see the error messages as a missed opportunity to "help" their customers find the site they are looking for -- and to make a little money on the side. They do this by intercepting the error messages and modifying them to point to a Web site that they control, typically carrying advertisements related to the domain name typed.
http://www.infoworld.com/article/08/06/24/Meddling_with_DNS_poses_securi...

ELECTIONS & MEDIA

MCCAIN AND THE INTERNETS
[SOURCE: New York Times, AUTHOR: Katharine Seelye]
Having admitted he's a computer "illiterate," Sen John McCain (R-AZ) held a town hall Tuesday night via telephone. Mark Soohoo, McCain's deputy e-campaign director, drew guffaws at an Internet conference in New York when he tried to dig his candidate out of a techno black hole. “It’s a mistake to assume John McCain has no knowledge of this,” Soohoo said during a panel discussion with the Internet strategists of some other presidential campaigns. “You don't necessarily have to use a computer to understand how it shapes the country,” he said. Tracy Russo, who worked for John Edwards, as an Internet strategist, responded, "You actually do,” suggesting that a person gains a certain frame of reference from being online. Andrew Rasiej, a Democrat and founder and executive producer of the Personal Democracy Forum, which was holding the conference, said later that Sen McCain’s lack of familiarity with computers and the Internet “shows he doesn't understand how the world works and that he doesn't understand what it would mean to be president.” McCain’s relationship with the Internet also stands in stark contrast to that of his opponent, Sen Barack Obama (D-IL), whose campaign has made expert use of the Internet for fund-raising and organizing and recently surpassed the 1-million mark of “friends” on Facebook. (Sen McCain has fewer than 200,000.)
http://thecaucus.blogs.nytimes.com/2008/06/24/mccain-and-the-internets/
(requires registration)
* Internet Campaign Directors on What Worked and What Didn't in 2008 (BroadbandCensus.com)
http://broadbandcensus.com/blog/?p=53
* McCain Camp Downplays E-Factor In Face Of Obama's Online Onslaught (OnlineMediaDaily)
http://publications.mediapost.com/index.cfm?fuseaction=Articles.san&s=85...

MCCAIN'S CAMPAIGN FUNDING HYPOCRISY: WHY ARE THE MEDIA LOOKING THE OTHER WAY?
[SOURCE: Huffington Post, AUTHOR: Arianna Huffington]
The mainstream media's overheated response to Sen Barack Obama's decision to opt out of the public campaign finance system is a textbook example of journalists protecting Sen John Mccain (R-AZ) and his bald-faced hypocrisy. Amidst all the attacks on Obama's "flip-flop," how much have you read in the MSM about the fact that McCain has "completely reversed himself" on public financing -- and is currently breaking the law on a daily basis, making a mockery out of a campaign finance system he helped create? Indeed, as Media Matters points out, the New York Times, the Los Angeles Times, the Philadelphia Inquirer, the CBS Evening News, NBC's Nightly News, Fox News' Special Report, and CNN all dutifully reported McCain's claims about Obama without mentioning McCain's campaign finance chicanery.
http://www.huffingtonpost.com/arianna-huffington/mccains-campaign-fundin...

TEN THINGS OBAMA CAN DO WITH ALL THAT MONEY
[SOURCE: AdAge, AUTHOR: Evan Tracey]
Having opted out of public funding for his run for president, how can Sen Barack Obama spend all the money he's raising? 1) Hire every available Democratic media consultant (and, thus, unify, the Democratic message). 2) Buy a lot of radio and cable ads in swing states. 3) Target the sports talk radio demographic both locally and nationally. 4) Buy ads on college football, the Ryder Cup, Major League Baseball playoffs and, yes, the NFL. 5) Run 60-second ads. 6) Make blockbuster web videos. 7) Buy TV ads in all 50 states the day after the Democratic National Convention. 8) Look into buying ad space from skywriters, pump-top TV, rooftops near airports, elevators screens, cellphones, mall kiosks. 9) Make "live" political ads.
http://adage.com/campaigntrail/post?article_id=127917

ADVERTISING

MARKEY: WAIT ON ONLINE-AD-SERVICE TECHNOLOGY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
House Telecommunications & Internet Subcommittee Chairman Ed Markey (D-MA) has told cable operators and other broadband providers to hold off implementing ad-service technology similar to what Charter Communications was planning to use from online-ad network NebuAd. Chairman Markey and other members of his subcommittee wrote Charter last month asking it to hold off on the NebuAd partnership until concerns about online privacy were addressed. He praised Charter Tuesday for deciding to delay plans to "track the Web sites visited by their customers and disclose this sensitive the data to an ad firm." But Rep Markey went beyond that to advise other broadband providers to follow suit. "Given the serious privacy concerns raised by the sophisticated ad-serving technology Charter Communications planned to test-market," he added, "I am pleased to hear that the company has decided to delay implementation of this program, which electronically profiled individual consumer Web usage. I urge other broadband companies considering similar user-profiling programs to similarly hold off on implementation while these important privacy concerns can be addressed.”
http://www.broadcastingcable.com/article/CA6572966.html?rssid=193

CRAFTING TV ADS FOR THE DIGITAL AGE
[SOURCE: AdAge, AUTHOR: Brian Steinberg]
Marketers are already scrambling to figure out how best to adjust their 30-second TV spots for viewing via the web and on iPod screens. But as the nation prepares for the big shift from analog to digital TV on Feb. 17 next year, what could be a major conundrum has opened up for advertisers who love to make use of the wider high-definition screen. While traditional TV sets have for decades featured a 4:3 screen-size proportion, high-definition sets and the programming created for them have a much more rectangular 16:9 scope. Thus, ads crafted for high-definition broadcasts that show up on standard-definition sets could have their right and left sides digitally sliced off. Cries of concern are already surfacing in certain corners of the ad business, particular the creative side. "You work really hard to make the film look beautiful within the frame, and then somebody changes the frame on you," said Andy Langer, chief creative officer at Omnicom Group's Roberts & Tarlow agency. "They won't look as good, and they may not be as effective," he added. The move to digital frees up frequency for wireless broadband, not to mention police and fire communications. It also allows broadcasters to offer more high-definition programming and additional channels of content. But it also creates the potential for an "ad squeeze": Many living rooms, basements and bedrooms will still contain the older TV sets that aren't capable of showing high-definition ads in all their glory. Of the nation's approximately 113 million TV households, only 46 million have sets capable of receiving high-def content, a number that is expected to grow to only 55 million by the end of 2009, according to Forrester Research.
http://adage.com/mediaworks/article?article_id=127958

ONE MAN, ONE LONG LIST, NO MORE WEB ADS
[SOURCE: Washington Post, AUTHOR: Peter Whoriskey]
A machinist and self-described "blue-collar guy" in his mid-50s from upstate New York, Rick752, as he's known online, spends most nights upstairs in his den assembling a list of Internet ad sites and related data. That work, dubbed EasyList, enables millions of Web surfers to filter and freeze out nearly all advertising that would otherwise appear on their screens. Yet the effort to block millions of Internet ads, while drawing raves from users, is feared by some who say that if it continues to grow in popularity, it could threaten the financial underpinnings of much of the Web, where publishers are largely dependent on advertising.
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/24/AR200806...
(requires registration)

MEDIA OWNERSHIP

NAB SEEKS REMOVAL OF CROSS-OWNERSHIP PROVISION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The National Association of Broadcasters is trying to get a provision removed from a House Federal Communications Commission appropriations bill that would prevent it from implementing its relaxation of the newspaper-broadcast cross-ownership ban. NAB president David Rehr sent letters to all of the members of the House Appropriations Committee asking them to oppose the provision, which was approved last week by the Appropriations Committee's Financial Services Subcommittee.
http://www.broadcastingcable.com/article/CA6573077.html?rssid=193

SINCLAIR TO BUY RAYCOM STATION FOR $85M
[SOURCE: Broadcasting&Cable, AUTHOR: ]
Sinclair Broadcast Group announced Tuesday that it will buy the assets of WTVR, the CBS affiliate in the Richmond-Petersburg (VA) market, from Raycom Media for $85 million. If the sale is approved, Sinclair will own 59 TV stations around the country.
http://www.broadcastingcable.com/article/CA6572824.html?rssid=193

BLOGGERS: BIG MEDIA IS WATCHING
[SOURCE: BusinessWeek, AUTHOR: Peter Burrows]
The Associated Press unleashed a firestorm in the blogosphere earlier this month when it demanded that a political site take down AP content it said violated copyrights. Bloggers cried foul, saying the AP's move threatened the free flow of information over the Web. The furor abated a few days later when the AP tempered its demands. But the dustup between the AP and bloggers was just an early skirmish in what's likely to become a protracted war over how and where media content is published online. On one side are bloggers and other Web sites eager to ensure continued access to information. On the other are media companies intent on controlling or cashing in on the dissemination of their stories, videos, and other digital media. One reason: For the first time, content owners are able to track exactly where and how their words and images show up, thanks to an emerging class of technology called content recognition systems.
http://www.businessweek.com/technology/content/jun2008/tc20080625_325222...

BROADCASTING

DIGITAL TV SWITCH NEEDS BILL COSBY
[SOURCE: TVPredictions.com, AUTHOR: Phillip Swann]
[Commentary] Meredith Attwell Baker is the acting head of the National Telecommunications and Information Administration, the Commerce Department unit responsible for overseeing next year's transition to digital signals. is the acting head because the previous official who headed the NTIA, John Kneuer, resigned last year "to pursue new opportunities." Asst Sec Baker has said she wants to resign, too, but her replacement, Neil Patel, has yet to be confirmed by the Senate -- in fact, the Senate hasn't even scheduled a hearing yet on Patel's nomination. So, eight months from the transition date -- February 17, 2009 -- the federal government's effort is being led by an unknown acting agency head who wants to leave her job as soon as possible. Is there any wonder that many industry analysts believe the Digital TV transition is doomed? The federal government needs a high-profile person to head the educational aspects of this program, someone who can communicate how to prepare for the switch in simple terms. And someone who will instantly command respect from minorities and older residents -- the groups that surveys indicate are most clueless about the switch. While many people would fit the bill, one name jumps out: Bill Cosby.
http://www.tvpredictions.com/baker062408.htm

STUDY: 91% OF HISPANICS AWARE OF DTV TRANSITION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The vast majority of broadcast-only Hispanic TV households are aware of the digital-TV transition, up from less than one-third of those households that were aware of the transition last fall. That is according to a new study from the National Association of Broadcasters, which found that 91% of Hispanic households getting their free TV via rooftop or indoor antennas knew about the upcoming DTV switch, compared with 31% in a similar study in September 2007.
http://www.broadcastingcable.com/article/CA6573056.html?rssid=193

STUDY: TV NOT HURT BY INCREASED ONLINE TIME
[SOURCE: Broadcasting&Cable, AUTHOR: Alex Weprin]
According to a new study by GroupM, people are spending more time online, from a mean average of 27 minutes in 2005 to 46 minutes next year. However, that time spent surfing the Web did not appear to come at the expense of traditional forms of media, such as television. Rather, the study suggested that people are multitasking or carving out time to use both new and old media.
http://www.broadcastingcable.com/article/CA6572841.html?rssid=193

QUICKLY

HOUSE APPROVES 911 VOIP BILL
[SOURCE: Multichannel News, AUTHOR: Linda Haugsted]
The House of Representatives has given final approval to a bill supported by providers of voice over Internet protocol (VoIP) services that will ease consumer access to 911 emergency services. The bill, dubbed the New and Emerging Technologies 911 Improvement Act of 2008, was previously approved by the House in November 2007 and this month by the unanimous consent of the Senate. The latter vote sent the bill back to the House for concurrence. The bill mandates that VoIP users be granted interconnection to incumbents, with VoIP providers gaining access at the same rates, terms and capabilities granted to cellular phone service providers.
http://www.multichannel.com/article/CA6572930.html?nid=4262

MORE STATES SAY PHONES AND DRIVING DON'T MIX
[SOURCE: USAToday, AUTHOR: Michelle Kessler]
California will become the largest state to ban unlimited cellphone use by drivers. The law prohibits drivers under 18 from talking on the phone, and it requires older drivers to use a hands-free headset. A similar law goes into effect the same day in Washington state. Legislation has already been passed in New York, Washington, D.C., and elsewhere — and more laws are pending. What's a chatty driver to do?
http://www.usatoday.com/printedition/money/20080625/tech_cellcar.art.htm

PUBLIC INVITED TO REVIEW FCC STRATEGIC PLAN
[SOURCE: Federal Communications Commission]
The Federal Communications Commission announced that the public is welcome to review and comment on a draft of its revised Strategic Plan for 2009-2014. The revised draft Strategic Plan is a "work in progress" that is complete enough to allow review and comment on the strategic direction the Commission intends to follow in the coming years. Commenters are asked to focus specifically on: 1. The strategic direction proposed in the document as embodied in the general goals and objectives; 2. Providing additional contextual information not covered in the document's text; and 3. The means and strategies that the Commission should undertake to accomplish its goals. Those wishing to review the revised draft plan can find it on the Commission's website at: http://www.fcc.gov/omd/strategicplan. Comments should be sent to walter.boswell@fcc.gov no later than July 24, 2008.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1472A1.doc

Today's Quote 06.25.08

"Generally, I think the Universal Service Fund needs to be blown up like the Death Star."
-- Rep Mike Doyle (D-PA)

Election-year spying deal is flawed, overly broad

[Commentary] The skids are greased. President Bush and the candidates who want his job, Democrat Barack Obama and Republican John McCain, are all on board. As early as today, the Senate will begin voting on new rules governing how spy agencies intercept phone calls and e-mails between suspected terrorists overseas and people in the USA. The compromise is meant to quell the storm that erupted after Bush's warrantless wiretapping program was revealed in 2005. So does the bipartisan support mean it's a good deal? Not really. Among this latest measure's defects:

1) In loosening surveillance rules for overseas targets (intelligence officials wouldn't even need to show that they're suspected of terrorism), the program relies on the government's good intentions to preserve the rights of innocent Americans who get swept into government data banks as a byproduct. History suggests that relying on government discretion is a very bad bet.

2) It seeks to block future presidential lawbreaking by stating that this legislation is the only legal framework for such surveillance. But the original 1978 law said the same thing, which didn't stop Bush from ignoring it after Sept. 11, 2001.

3) It effectively would grant retroactive immunity to phone companies that cooperated with the president's illegal plan and now face about 40 lawsuits.

A federal court must grant the protection as long as it finds that the president asked for the wiretapping and that the attorney general asserted it was legal -- which they did. The compromise, which passed the House by a substantial margin last week, isn't all bad. It requires an official account of what happened when Bush circumvented the law, requires a warrant for Americans being targeted overseas and sets up ongoing monitoring to keep the overall program on track. But the bottom line is that the president didn't need to ignore the law in the first place. The secret court that oversees the Foreign Intelligence Surveillance Act routinely grants 99.98% of the warrants the administration asks for, even after surveillance has begun. The nation would benefit if Congress held the president closer to these minimal safeguards, rather than writing him a bigger blank check.
http://www.usatoday.com/printedition/news/20080625/edit25.art.htm

Surveillance law won't do enough to protect privacy

[Commentary] The Bush administration's widespread use of eavesdropping without a warrant angered civil libertarians when it was revealed in 2005 and sparked a clash with congressional Democrats, who since have tried to shore up the U.S. right to privacy. Finally, a compromise has been reached - but it does not do nearly enough to protect innocent Americans from fishing expeditions in the name of homeland security. The legislation also lets phone and Internet companies off the hook for assisting illegal snooping in the past. It would allow a federal district court to dismiss some 40 lawsuits filed over the release of customer data as long as the companies can document that government officials assured them the wiretapping was authorized by the president. That's about as thin a fig leaf as you can get. If the lawsuits are dismissed, Americans will never know the extent of the government's wrongdoing. And if the FISA update becomes law, future presidents will have little reason not to follow Bush's example.
http://www.siliconvalley.com/opinion/ci_9689064

Bloggers: Big Media Is Watching

The Associated Press unleashed a firestorm in the blogosphere earlier this month when it demanded that a political site take down AP content it said violated copyrights. Bloggers cried foul, saying the AP's move threatened the free flow of information over the Web. The furor abated a few days later when the AP tempered its demands. But the dustup between the AP and bloggers was just an early skirmish in what's likely to become a protracted war over how and where media content is published online. On one side are bloggers and other Web sites eager to ensure continued access to information. On the other are media companies intent on controlling or cashing in on the dissemination of their stories, videos, and other digital media. One reason: For the first time, content owners are able to track exactly where and how their words and images show up, thanks to an emerging class of technology called content recognition systems.
http://www.businessweek.com/technology/content/jun2008/tc20080625_325222...

Public Invited to Review FCC Strategic Plan

The Federal Communications Commission announced that the public is welcome to review and comment on a draft of its revised Strategic Plan for 2009-2014. The revised draft Strategic Plan is a "work in progress" that is complete enough to allow review and comment on the strategic direction the Commission intends to follow in the coming years. Commenters are asked to focus specifically on:

1. The strategic direction proposed in the document as embodied in the general goals and objectives;

2. Providing additional contextual information not covered in the document's text; and

3. The means and strategies that the Commission should undertake to accomplish its goals.

Those wishing to review the revised draft plan can find it on the Commission's website at: http://www.fcc.gov/omd/strategicplan. Comments should be sent to walter.boswell@fcc.gov no later than July 24, 2008.