May 2009

DISH looks to rural telcos, stays away from AT&T

Following the cancellation of its relationship with AT&T, Dish Networks is looking to its rural telco partners to drive its recovery, while staying away from its former partner at all costs. The satellite company, which saw its profits rise 21% year-over-year despite continued customer loss in the first quarter of 2009, will focus on the rural markets. "Our weakest markets are where there is a good operator with great service and great prices and has a triple play, quadruple play or even a double play," Charlie Ergen, Dish's chief executive officer, said. "That's a tough market for us...An investment in the U-Verse market in the Northeast, where there is great service and the triple play for $99, it may not be the best place for us to compete. Having said that, there are still markets where we are very competitive, and we think we have the best product. We have to focus on where we have the best product," he continued. "If I lived in New Jersey and lived in a million-dollar house that was a mile away from U-Verse and U-Verse had a front line right up to my house, I might buy U-Verse. I might not, but that's something to look at. If I lived in rural Idaho, I probably wouldn't buy U-Verse."

Insomniacs Rejoice! FCC Releases Semiannual Regulatory Agenda

The Federal Communications Commission published its Semiannual Regulatory Agenda which is wonk for theoretical work plan. The agenda is a list of major items and other significant proceedings under development or review. The items are categorized by the bureau that is responsible for the work. Timetables provided look backward, not forward. But, hey, if you're in the mood, poor yourself a double espresso, grab hold of your Murphy's Guide to Telecom Jargon, and have at it.

Office of Public Engagement: A New Name, Mission for White House Liaison Office

President Obama today announced a new name and a new mission for the White House office charged with dealing most closely with the American people. The Office of Public Liaison is now the Office of Public Engagement. OPE, along with the Office of Intergovernmental Affairs, will serve as the front door to the White House through which ordinary Americans can participate and inform the work of the President. The current leadership will remain to carry out the new mission and includes Valerie Jarrett, Senior Adviser to the President, Christina M. Tchen, Director of OPE; and Michael Strautmanis Chief of Staff to the Assistant to the President for Intergovernmental Relations and Public Engagement. Additional staff and issue areas can be viewed at the OPE website at www.whitehouse.gov/ope. President Obama said, "This office will seek to engage as many Americans as possible in the difficult work of changing this country, through meetings and conversations with groups and individuals held in Washington and across the country." OPE will help build relationships with Americans by increasing their meaningful engagement with the federal government. Serving as the front door to the White House, OPE will allow ordinary Americans to offer their stories and ideas regarding issues that concern them and share their views on important topics such as health care, energy and education. In addition to its traditional White House operations, OPE will now also focus on getting information from the American people outside the Washington beltway through special public events as well as activities on the web site. The office will have a strong on-line presence, including blog postings from OPE staff and other interactive elements.

iPods help ESL students achieve success

As school leaders ponder the implications of new technologies for their classrooms, one dedicated New Jersey educator has turned theory into practice, using the iPod to teach English as a Second Language (ESL) students. According to Grace Poli, media specialist at Jose Marti Middle School in Union City (NJ) and an Apple distinguished educator, the iPod is more than just a cool gadget, because it helps transform a classroom by: 1) Stimulating and engaging students in the learning process. 2) Enhancing instruction by making it personal. Increasing achievement and motivation. (According to Poli, in her first year of using the iPod, 50 percent of her students went from an ESL program to an all-English program -- a switch that usually takes between three to six years.) 3) Differentiating instruction for diverse learners. (Poli explained that this is important for her students, because some have been in the ESL program for three months--and some for three years.) 4) Accommodating multiple learning styles. 5) Providing anytime, anywhere learning.

Working Moms Turn To Technology

Nielsen Online reports that moms between the ages of 25-54 who have at least one child under the age of 18 within the home represent 19% of the total online population. Power Moms influence online purchase decisions for foods, beauty and household products, projected to grow to $12 billion in 2011. Power Moms leverage digital applications to stay organized, connect with their families, friends and mom networks through Facebook and micro-blog platforms like Twitter, as well MomBloggersClub.com and TwitterMoms.com, and paying the bills, ordering groceries, downloading coupons and hunting for ideas for the next family vacation. Power Moms are also mobile enthusiasts who are 35% more likely to use text messaging/SMS on the go. According to M2Moms, 68% of African American mothers are more likely to read articles online, and 45% more likely to listen to music. 45% of Caucasian mothers are likely to frequent social networks, and 43%, message boards. Blogs were the top choice among 55% of Hispanic Moms, followed by social networks at 42%. Understanding the Power Mom's online behavior enables precision in online targeting for optimizing media plans.

Yahoo Could Be Liable For Lewd and Libelous Profile

When Oregon resident Cecilia Barnes broke up with her boyfriend, he responded by posting a fake profile of her on Yahoo -- and a particularly nasty one at that. He included nude photos of Barnes as well as her name, address and phone number. Barnes complained to Yahoo and a company executive promised to take down the profile. Yahoo allegedly reneged on that promise, spurring Barnes to file suit against the company. Now, in a ruling that could have significant ramifications for Web publishers, a federal appellate court has held that Yahoo could face liability for breach of contract for failing to delete the post. Still, the decision potentially leaves Web publishers more vulnerable to new lawsuits stemming from the posts of users. That's because the ruling appears to carve out a new exception to the federal Communications Decency Act -- a law that many attorneys had long thought immunized Web sites from liability for libelous or offensive user comments. In fact, U.S. District Court, Judge Ann Aiken in Oregon originally dismissed Barnes' lawsuit for that reason. But Barnes appealed to the 9th Circuit Court of Appeals, which ruled last week that the Communications Decency Act created only a "baseline" rule that Web companies need not censor posts. Once a Yahoo employee promised Barnes that the post would be deleted, Yahoo was obligated to do so, according to the court.

Cable Blames TV Stations For High Sub Rates

The American Cable Association asserts that cable subscription rates have risen as a result of "excessively large retransmission consent gains" -- blaming the money that TV stations have received in recent years from cable operators to carry their signals.

Big media's digital shuffle

Four years ago or so, a handful of big, lumbering old-media companies, desperate to show investors and the technorati alike that they had a clue when it came to the Internet, created the new position of digital strategist-in-chief. Almost in lockstep, companies from ABC to Viacom (VIA) named a round of rising stars to a new position of top interactive honcho. Today the lineup looks considerably different. Some companies - like MTV and NBC - have dropped the role altogether. Others, like News Corp., have elevated it. That the companies no longer are singing from the same hymnal says a lot about the volatile state of "old" media vs. "new." Why the shift? For one thing, old-media executives were far more intimidated by technology four years ago than they are today. Beyond that, many chief digital honchos were hired to do deals - like NBC's joint venture with News Corp. for Hulu.com - that have now either fallen by the wayside in the soft economy or become so core to doing business that they no longer need to be led by a digital chief.

Federal Communications Bar Association
Wiley Rein LLP
1776 K Street, NW
Washington, DC
May 12, 2009
6:00pm - 8:15pm
https://www.netforumondemand.com/eWeb/DynamicPage.aspx?Site=FCBA&WebCode...

The Mass Media Practice Committee will hold a CLE seminar entitled The Future of Broadcast Spectrum -- Opportunities and Challenges on Tuesday, May 12, 2009 from 6:00 - 8:15 p.m. Over the years, various interest groups have been clamoring for use of finite spectrum, including spectrum used for broadcasting. Demand for premium spectrum continues to outstrip supply and increasingly, the demand is not just for broadcasting purposes, but for wireless broadband, public safety and other purposes. Yet concerns arise about interference to existing users. Panel 1 will discuss whether sufficient spectrum exists for various operations, and how that spectrum can be distributed most effectively and efficiently without harmful interference. Panel 2 will discuss while various interest groups have their own ideas as to the services and content they would like to offer, what is it that the public needs and desires? This panel will discuss what services and content are most desired by the public.

AGENDA

6:00 - 6:05 p.m. Welcome and Introductions

Parul P. Desai, Co-Chair, Mass Media Practice Committee

6:05 - 7:05 p.m. Topic 1 - Spectrum enough for all?

Moderator:

Bryan Tramont, Partner, Wilkinson Barker Knauer, LLP

Speakers:

Dean Brenner, Vice President, Government Affairs, Qualcomm

David Donovan, President, Association for Maximum Service Television, Inc.

Harold Feld, Legal Director, Public Knowledge

Mark N. Lipp, Partner, Wiley Rein LLP

7:15 - 8:15 p.m. Topic 2 - How do consumers really want to use the spectrum?

Moderator:

Bryan Tramont, Partner, Wilkinson Barker Knauer, LLP

Speakers:

Traci Blunt, Vice President, Communications and Public Affairs, RLJ Companies

Lynn Claudy, Senior Vice President, Science & Technology, National Association of Broadcasters

Wayne A. Leighton, Partner, Empiris LLC

Kerry Murray, Senior Counsel, Global Government Affairs and Public Policy, Dell



National Association of Telecommunications Officers and Advisors
Liaison Capitol Hill
415 New Jersey Avenue, NW
Washington, DC
May 18, 2009 - 8:00am - May 19, 2009 - 1:30pm
http://www.natoa.org/events/regional/spring/2009/