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INDECENCY, VIOLENCE ROIL TV LEGAL WATERS
[SOURCE: tvnewsday, AUTHOR: Michael Berg]
On April 25, the FCC released a landmark report -- “Violent Programming and Its Impact on Children” -- that recommends that Congress use indecency regulation as a basis to enact first-ever limits on TV violence and authorize the FCC to enforce them. But last Monday’s court ruling in Fox v. FCC added to significant concerns about indecency regulation as a model for new violence rules. Striking down parts of the FCC’s recent toughening of it indecency policy, the Second Circuit Court of Appeals found that fines against “fleeting and isolated” indecent words in live programming, and a new FCC definition of profanity, were adopted in violation of the Administrative Procedure Act. The APA requires, among other things, that the FCC articulate a rational basis for changing agency precedent, and consistent enforcement that gives adequate notice to potential violators of what is prohibited. The court also noted strong concerns about the constitutionality of the FCC changes, although they were not the basis of the ruling. This column provides a guide to the FCC violence report in light of the indecency ruling.
http://www.tvnewsday.com/articles/2007/06/08/daily.4/
* A %$#@ slippery slope on raw talk?
http://www.latimes.com/business/printedition/la-fi-indecency11jun11,1,62...
Indecency, Violence Roil TV Legal Waters
OLD INDECENCY FINE STILL ON FCC BOOKS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Speaking of broadcast indecency... remember the bill that jacked up indecency fines tenfold, to $325,000 per incident? The bill the president signed a year ago with such fanfare? The one the FCC pushed for so breathlessly in its quest for toothier enforcement? Turns out the commission wasn't so breathless when it came to updating its own rulebook: As recently as June 3, the FCC still hadn't changed the maximum per-incident fine at $32,500. It wasn't until June 4, the day a federal court reversed the commission’s ruling on “fleeting expletives”, that the FCC officially published the order implementing the rule change. So what gives? “This was a procedural matter that was handled in due course,” said an FCC spokesman.
http://www.broadcastingcable.com/article/CA6450596.html?rssid=193
http://www.broadcastingcable.com/article/CA6450521.html?rssid=193
http://www.broadcastingcable.com/article/CA6450596.html?rssid=193
FCC ANNOUNCES THE RECHARTERING OF THE CONSUMER ADVISORY COMMITTEE
[SOURCE: Federal Communications Commission]
The FCC established the Consumer Advisory Committee in November 2000 for the purpose of making recommendations regarding consumer issues within the jurisdiction of the Commission and to facilitate the participation of consumers (including people with disabilities and underserved populations, such as American Indians and persons living in rural areas) in proceedings before the Commission. The Committee was renewed for a 3rd two-year term on November 17, 2006. On June 8, 2007, the FCC announced the re-chartering and appointed the new committee. A principal focus of the Committee will be the digital television transition as the Commission continues its efforts to assist consumers in understanding and preparing for the transition which, by law, must be completed by February 17, 2009. . In addition to digital television, other topics to be addressed by the Committee will include, but are not limited to, the following areas: Consumer protection and education (e.g., cramming, slamming, consumer friendly billing, detariffing, bundling of services, Lifeline/Linkup programs, customer service, privacy, telemarketing abuses, and outreach to underserved populations, such as Native Americans and persons living in rural areas); Access by people with disabilities (e.g., telecommunications relay services, video description, closed captioning, accessible billing and access to telecommunications products and services); Impact upon consumers of new and emerging technologies (e.g., availability of broadband, digital television, cable, satellite, low power FM, and the convergence of these and emerging technologies).
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2426A1.doc
FCC Announces Rechartering of the Consumer Advisory Committee
FCC ANNOUNCES THE RECHARTERING OF THE INTERGOVERNMENTAL ADVISORY COMMITTEE
[SOURCE: Federal Communications Commission]
The FCC has rechartered its Intergovernmental Advisory Committee which -- comprised of 15 representatives from local, state and tribal governments -- advises the Commission on a range of telecommunications issues for which their governments explicitly or inherently share responsibility or administration with the Commission. A principal focus of the IAC for this 2-year term will be the nation's transition to digital television (DTV) as the Commission continues its efforts to assist consumers in understanding and preparing for the transition which, by law, must be completed by February 17, 2009. Other topics to be addressed by the IAC include, but are not limited to, homeland security and public safety; impact of new and emerging technologies, provision of telecommunications services in rural and underserved areas, broadband deployment, access by persons with disabilities and consumer education and outreach generally.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2427A1.doc
FCC Announces Rechartering of the Intergovernmental Advisory Committee
INDIAN TELECOMMUNICATIONS INITIATIVES WORKSHOP AND ROUNDTABLE ON JULY 10 AND 11
[SOURCE: Federal Communications Commission]
As part of the Federal Communications Commission’s (FCC) Indian Telecommunications Initiatives (ITI), and in cooperation with Native Public Media, the National Congress of American Indians, Native American Public Telecommunications, Native American Journalist Association, Native American Television, Koahnic Broadcast Corporation, the FCC will host its sixth ITI Regional Workshop and Roundtable on July 10 and 11, 2007, in Albuquerque, New Mexico (ITI Albuquerque). ITI Albuquerque will focus on the transition to DTV and the steps that consumers will need to take to continue viewing over-the-air signals when analog broadcasting ceases on February 17, 2009. The workshop will discuss various aspects of the DTV transition, including such issues as: What is DTV, DTV transition deadline, Why the DTV transition is important, Benefits of DTV, Types of DTV, Consumer optionsbuying a new TV or using a converter box for existing TVs, Tuner mandate, TV labeling requirements; and Consumer buying tips.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2424A1.doc
Indian Telecommunications Initiatives Workshop and Roundtable July 10-11
COMMISSIONER ROBERT MCDOWELL AT BROADBAND POLICY SUMMIT OF 2007
[SOURCE: Federal Communications Commission]
FCC Commissioner Robert McDowell spoke at the Broadband Policy Summit of 2007 on June 7. He discussed five points: 1) The most recent world rankings regarding broadband penetration are not what they appear to be; 2) Countries with command-and-control government-knows-best broadband policies actually have stagnating broadband markets; 3) Regulatory certainty, regulatory parity and de-regulation are spurring an accelerating broadband penetration rate in the U.S. -- and a light regulatory touch is America’s broadband policy; 4) Our broadband policies to open new windows of opportunity for the construction of new delivery platforms -- especially wireless platforms -- will enable American entrepreneurs to lunge ahead of our international competitors; and 5) Nonetheless, we can and will do more to strengthen America’s position by maximizing competition and encouraging investment.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273742A1.pdf
Commissioner Robert McDowell at Broadband Policy
MR MURDOCH AND THE JOURNAL
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] Editorial pages generally do not compliment the competition, but today we write in praise of The Wall Street Journal. The Journal, the crown jewel of Dow Jones & Company, produces a balanced and trustworthy news report that is required reading for corporate and political leaders around the world. The question is whether that news operation will survive if Rupert Murdoch persuades the Bancroft family to sell Dow Jones, and thus The Journal.
http://www.nytimes.com/2007/06/10/opinion/10sun2.html
(requires registration)
* Why the Journal should not be sold to Murdoch
[Commentary] Rupert Murdoch is a great businessman. The Wall Street Journal is a great newspaper. Which of these reputations is likely to survive Mr Murdoch's prospective purchase of the Journal? Despite the high price he offers, "his" is the plausible answer.
http://www.ft.com/cms/s/0f228084-1766-11dc-86d1-000b5df10621.html
(requires subscription)
* Other possible Dow Jones bidders surface
[SOURCE: Reuters, AUTHOR: Robert MacMillan]
http://www.reuters.com/article/ousiv/idUSN0644066820070608
* GE, Microsoft Discussed Buying Dow Jones
http://online.wsj.com/article/SB118153130903230887.html?mod=todays_us_pa...
(requires subscription)
* More Signs of Murdoch/Dow Jones Deal: Managers Promised Payoff
Dow Jones & Co. has expanded a severance program for senior executives in the event the company is sold.
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...
* Capitol Hill eyes turn to Murdoch's bid
Rupert Murdoch's bid for Dow Jones and its flagship title, the Wall Street Journal, is breathing new life into the debate in Washington over media ownership rules that limit the size of companies like Mr Murdoch's News Corp. Activists and industry lobbyists on Capitol Hill say it is too early to tell whether a successful bid by News Corp for Dow Jones would whip up a political storm, in part because there are no laws to block such a transaction.
http://news.moneycentral.msn.com/provider/providerarticle.aspx?feed=FT&D...
Mr. Murdoch and The Journal
PARSONS: CABLE BIZ SHAKEOUT COMING
[SOURCE: New York Post, AUTHOR: Peter Lauria]
If there was any doubt that the motto for publicly traded cable companies is get big or get out, Time Warner CEO Richard Parsons erased it. Speaking at a Merrill Lynch conference in London, Parsons said that as consolidation in the cable industry continues he expects Time Warner's stake in its cable unit to get smaller as its footprint gets bigger. "Eventually, five years down the road, it's conceivable to me that because of the way that business grows... there could come a point in time when there's two separate stand-alone companies," Parsons said of a potential split of Time Warner from its cable division. Translation: Time Warner expects its ownership of the cable unit to get diluted more and more as the division uses its stock to buy additional systems until eventually it and Comcast are the only two cable companies left trading on the public markets.
http://www.nypost.com/seven/06082007/business/parsons__cable_biz_shakeou...
Parsons: Cable Biz Shakeout Coming
TREATING DOWNLOADS LIKE DRUG DEALS
[SOURCE: Business Week, AUTHOR: Gigi Sohn, Public Knowledge]
[Commentary] The good news about recent proposals from the Justice Dept -- regarding the enforcement of intellectual property protection -- is that they show the DOJ is committed to recycling. The bad news is that it's recycling ideas that were bad in 2005 when they first appeared, and continue to be ill-conceived today. The proposal clearly demonstrates the dreams of many in the content community, including trade groups such as the Recording Industry Association of America and the Motion Picture Association of America. For the rest of us, and for technology companies like Google, Cablevision, Sling Media, or TiVo, the proposals are a nightmare. We support the enforcement of copyright law and the protection of copyright holders' rights. But we are concerned that the DOJ proposals would enforce copyright law in ways never before contemplated. Indeed, the DOJ is better suited to chasing down drug dealers and terrorists than it is to dealing with small tech companies or individual computer users. This proposal even drags the Homeland Security Dept. into copyright enforcement.
http://www.businessweek.com/technology/content/jun2007/tc20070605_037315...
Treating Downloads Like Drug Deals
LINCOLN INVITING BIDS FOR ITS THREE TV STATIONS
[SOURCE: tvnewsday]
The Lincoln Financial Group announced that it has retained Merrill Lynch & Co. to help sell its media division or figure out what else it can do with it. Lincoln Financial Media operates three TV stations, 17 radio stations and a sports syndication unit. The TV stations: WBTV Charlotte, N.C. (DMA 26); WWBT Richmond, Va. (DMA 61); and WCSC Charleston, S.C. (DMA 100). Lincoln Financial picked up the media properties when it merged with Jefferson-Pilot Corp. in 2006. Lincoln Financial is the third company in the past month to dangle broadcast properties out for potential bids. The others were pure-play TV broadcasters LIN TV and Nexstar Broadcasting. The Lincoln Financial Group’s main line of business is financial products and services.
http://www.tvnewsday.com/articles/2007/06/08/daily.5/
Lincoln Inviting Bids for its 3 TV Stations