The FCC is holding an open meeting tomorrow and is expected to release new
kids' TV rules. For this and other upcoming media policy events, see
http://www.benton.org/calendar.htm
TELEVISION
9-11 Commission Legislation Introduced
Second Digital TV Periodic Review
FCC to fine Viacom $0.5M for Super Bowl
CBS Realigns Entertainment Divisions
COMMENTARY
Media Congloms Muzzling Dissent
Bad Legislation Threatening Privacy, Innovation, Accounting
QUICKLY
Parties Meet on Copyright Inducement Language
FCC, FTC Fine Phone, TV Abusers
Are Hackers Using Your PC to Spew Spam and Steal?
53 Million American Adults are Instant Message Users
TELEVISION
9-11 COMMISSION LEGISLATION IS INTRODUCED
The 9/11 Commission report proposed that the digital television transition
should be accelerated to open more spectrum for first responders, so Sens
McCain (R-AZ) and Lieberman (D-CT) included the recommendation in the 9/11
Commission Report Implementation Act of 2004, introduced on Tuesday. The
legislation will put more pressure on broadcasters to vacate at least a
portion of the 700 MHz spectrum band -- where they broadcast their analog
signals -- to make room for public safety interests. The bill would direct
the FCC to assign 764-776 MHz and 794-806 MHz spectrum for public safety
services by January 1, 2007. The bill also includes a section requiring the
Department of Homeland Security to work with the FCC and Department of
Defense to develop interoperable communications in urban areas determined
to have a consistent threat of terrorist attack. The bill says first
responders should have interoperable communications with a variety of
entities, including military authorities and hospitals.
The legislation would also require the President to submit to Congress a
report on the strategy of the United States Government for expanding its
outreach to foreign Muslim audiences through broadcast media as well as an
assessment of potential incentives for, and costs associated with,
encouraging US broadcasters to dub or subtitle into Arabic and other
relevant languages their news and public affairs programs broadcast in the
Muslim world in order to present those programs to a much broader Muslim
audience than is currently reached.
[SOURCE: Communications Daily]
(Not available online)
The text of the bill can be found at Thomas or at
http://www.cdt.org/security/usapatriot/20040907implement.pdf
SECOND DIGITAL TV PERIODIC REVIEW
Although adopted early last month, the FCC released the Second Digital TV
Periodic Review Tuesday. The Commission believes the Order will hasten the
completion of the transition by: 1) Commencing an open channel election
process in November 2004 that will provide certainty to the marketplace and
ultimately result in a Final DTV Table of Allotments; 2) Establishing firm
deadlines for digital stations to increase their power levels to serve
additional viewers or lose interference protection to the un-served areas;
3) Requiring broadcasters to include PSIP information in their digital
broadcast signals, thus promoting closed captioning, v-chip, channel
numbering, and other functionality; 4) Eliminating, for now, the
simulcasting requirement to permit the transmission of additional
innovative programming on broadcast digital channels; 5) Providing clarity
regarding the interference protection for broadcasters in TV channels
51-69; 6) Clarifying digital closed captioning rules in order to ensure
that those services are consistently and effectively delivered; 7)
Mandating that, after an 18-month transition period, all digital television
receivers contain v-chip functionality that will permit the current TV
ratings system to be modified; and 8) Committing to opening a fast-track
proceeding on distributed transmission technology while agreeing to
consider individual deployments on a case-by-case basis in the interim.
[SOURCE: FCC]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-192A1.doc
FCC TO FINE VIACOM $0.5m FOR SUPER BOWL
The FCC, as early as this week, plans to fine CBS parent Viacom $550,000 --
$27,500 for each of the 20 CBS stations Viacom owns -- for Janet Jackson's
breast-exposing dance during the Super Bowl halftime show. However, the FCC
has no plans to fine CBS' 227 independent affiliate stations or to impose a
penalty for the steamy dance that preceded the breast baring. Commissioner
Jonathan Adelstein plans to partly dissent, arguing the CBS affiliates also
should have been fined for the episode. The FCC says Viacom should have
known the incident was going to occur and used a several-second delay or
other measure to prevent it. Jackson's choreographer told MTV.com before
the show that it would feature "some shocking moments." Viacom has since
been using a five-second delay for all live entertainment.
[SOURCE: USAToday, AUTHOR: Paul Davidson]
http://www.usatoday.com/printedition/money/20040908/superbowl08.art.htm
CBS REALIGNS ENTERTAINMENT DIVISIONS
Viacom co-president Leslie Moonves is realigning the management of the
company's CBS entertainment division and Paramount television production
studio, promising smoother and greater interaction between the two. He
wants the studio to work hand-in-hand producing TV series that fit the
needs of the network. The other television studios aligned with networks
have been more integrated. At the News Corporation, the Twentieth Century
Fox Television studio supplies many shows for the Fox network. The
Touchstone studio of the Walt Disney Company provides the bulk of its shows
for that company's network, ABC. And Universal Television, part of NBC
Universal under the parent company General Electric, is expected to produce
more shows for NBC.
[SOURCE: New York Times, AUTHOR: Bill Carter]
http://www.nytimes.com/2004/09/08/business/media/08tube.html
(requires registration)
Also covered in --
WSJ:
http://online.wsj.com/article/0,,SB109459090633411533,00.html?mod=todays...
LATimes:
http://www.latimes.com/business/printedition/la-fi-viacom8sep08,1,241718...
COMMENTARY
MEDIA CONGLOMS MUZZLING DISSENT
[Commentary] Maybe it should not be surprising that the media gave so
little coverage to demonstrators in New York last week. The parent
companies of the media are becoming increasingly reluctant to go out on a
limb about anything controversial. The corporate agendas of these mini
nation states have become so complex and politically sensitized that
anything perceived as out of the mainstream is automatically viewed by top
brass with suspicion. Today's corporate media would probably be much
happier to just churn out their franchises, sequels and remakes and to
mount increasingly entertainment-led newscasts. They likely wish that the
resurgence of polemical documentaries -- whose financial return is hard to
calculate and whose impact hard to predict -- would just dry up.
[SOURCE: Variety]
http://www.variety.com/article/VR1117910004?categoryid=1344&cs=1&s=h&p=0
BAD LEGISLATION THREATENING PRIVACY, INNOVATION, ACCOUNTING
[Commentary] Dan Gillmor is not very happy that Congress is back at work.
He criticizes 1) Junk Fax Prevention Act of 2004 (S 2603) which he says
will "open the floodgates for these intrusions into our lives" and 2) the
"Induce Act" (S 2560) (see story below) which, he writes, in the name of
halting copyright infringement, it would threaten all kinds of innovation.
He calls on readers to call senators in effort to kill the bills.
[SOURCE: San Jose Mercury News, AUTHOR:Dan Gillmor]
http://www.mercurynews.com/mld/mercurynews/business/technology/9607090.htm
QUICKLY
PARTIES MEET ON COPYRIGHT INDUCEMENT LANGUAGE
Senior Senate Judiciary Committee staffers, U.S. Copyright Office
officials, and industry representatives met Tuesday to discuss proposals to
modify legislation targeting inducement of copyright infringement. The fair
use community opposes a draft the Copyright Office shared last week,
calling it overbroad. Inducement language could be included with new
authority for the Department of Justice in a broader copyright bill aimed
at clearing Congress this year. The consumers electronics lobby and others
offered alternative legislation targeting indiscriminate, mass-infringing
distribution of copyrighted content, providing a safe harbor for ISPs and
reaffirming the Sony Betamax fair-use decision. Content producers faulted
the proposal, however, arguing it would be impossible to pursue a case
against anyone under the legislation. The Copyright Office takes a
different approach, targeting "overt acts" of infringement. The language
lists several ways someone can commit an overt act of inducing
infringement, but they aren't exhaustive, leaving open other possibilities.
Public Knowledge Legal Director Mike Godwin wrote that the "overt acts"
provision was subjective and could "induce (as it were) frivolous litigation."
Sens Hatch (R-UT) and Leahy (D-VT) have vowed to move legislation on
inducement this year.
[SOURCE: Communications Daily, AUTHOR: Patrick Ross]
(Not available online)
See also:
Bad Legislation Threatening Privacy, Innovation, Accounting
[SOURCE: San Jose Mercury News, AUTHOR:Dan Gillmor]
http://www.mercurynews.com/mld/mercurynews/business/technology/9607090.htm
FCC, FTC FINE PHONE, TV ABUSERS
A division of Primus Telecommunications Group agreed yesterday to pay
$400,000 to the FCC to settle allegations that the phone provider made
telemarketing calls in violation of the national do-not-call registry. The
allegations concerned the division of Primus's U.S. operations that sold
international long-distance to consumers. It generated about 40 percent of
its new customers through telemarketers hired to call and solicit potential
customers. But after more than 90 consumers complained that they were
contacted by Primus despite having registered their numbers on the list
that's supposed to fend off most telemarketing, the FCC launched an
investigation in December that led to the consent decree.
Meanwhile, the Federal Trade Commission acted to ban infomercial king Kevin
Trudeau "from appearing in, producing, or disseminating future infomercials
that advertise any type of product, service, or program to the public,"
meaning Trudeau can no longer appear on television except to sell products
that make no claims. The extraordinary prohibition, believed to be the
agency's first, puts the same limits on Trudeau's presentations in
newspapers, magazines and direct mail and on radio and the Internet. In
addition to the ban, Trudeau will pay $2 million to settle an FTC lawsuit
against him for claiming that a product called Coral Calcium Supreme can
cure cancer and a piece of plastic called Biotape can stop chronic pain
when stuck to the skin. To satisfy the fine, Trudeau will pay $500,000 in
cash and hand over one of his Southern California homes and his $180,000
Mercedes-Benz. If Trudeau is found to have lied about his wealth, he could
be liable for up to $20 million in damages.
[SOURCE: Washington Post]
http://www.washingtonpost.com/wp-dyn/articles/A3975-2004Sep7.html
http://www.washingtonpost.com/wp-dyn/articles/A3627-2004Sep7.html
(requires registration)
ARE HACKERS USING YOUR PC TO SPEW SPAM AND STEAL?
In part 1 of a series called PCs under attack, USAToday examines how since
early 2003, wave after wave of infectious programs have begun to saturate
the Internet, causing the number of PCs hijacked by hackers and turned into
so-called zombies to soar into the millions, helping some commit crimes
online. "Consumers should demand what they do of other utilities," says Kip
McClanahan, CEO of security firm Tipping Point. "When I pay my water bill,
I expect my water to be drinkable out of the tap. Today, when you pay your
Internet bill, the data you get is not consumable."
[SOURCE: USAToday, AUTHOR:Byron Acohido and Jon Swartz]
http://www.usatoday.com/printedition/money/20040908/1b_victimcover08.art...
53 MILLION AMERICAN ADULTS ARE INSTANT MESSAGE USERS
Some 42% of online Americans use instant messaging (IM), and 24% of instant
messagers say they use IM more frequently than email. This translates to
53 million American adults who instant message and over 12 million who IM
more than emailing. The new survey by the Pew Internet & American Life
Project also finds that instant messaging is especially popular among
younger adults and technology enthusiasts. 62% of Gen Y Americans (those
ages 18-27) report using IM. Within the instant messaging Gen Y age group,
46% report using IM more frequently than email. IM is more than a tool for
chatting. It is also a popular tool for self-expression. Instant
messengers take advantage of customizable features such as profiles and
icons to enhance their online presence. A third of IM users (34%) have
posted a profile for their IM screen name that others can see, and nearly
half (45%) post away messages when they are not available to chat.
Twenty-one percent of IM-ing Americans instant message at the office; they
find it encourages interoffice cooperation and increases work productivity.
When asked who they contact most often during IM sessions at work, 40% of
at-work IM users reported instant messaging coworkers, 33% reported friends
and family, and 21% interact with both groups equally.
[SOURCE: Pew Internet & American Life Project]
http://www.pewinternet.org/PPF/r/133/report_display.asp
--------------------------------------------------------------
Communications-related Headlines is a free online news summary service
provided by the Benton Foundation (www.benton.org). Posted Monday through
Friday, this service provides updates on important industry developments,
policy issues, and other related news events. While the summaries are
factually accurate, their often informal tone does not always represent the
tone of the original articles. Headlines are compiled by Kevin Taglang
(headlines( at )benton.org) -- we welcome your comments.
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