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FCC TO HOLD OPEN COMMISSION MEETING
WEDNESDAY, APRIL 25, 2007
The Federal Communications Commission will hold an Open Meeting on the subjects listed below on Wednesday, April 25, 2007, which is scheduled to commence at 9:30 a.m. in Room TW-C305, at 445 12th Street, S.W., Washington, D.C. With respect only to item #4 listed below, the Commission is waiving the sunshine period prohibition contained in section 1.1203 of the Commission’s rules, 47 C.F.R. § 1.1203, until 5:30 pm, Monday, April 23, 2007. Thus, presentations with respect to item #4 will be permitted until that time.
1) MEDIA TITLE: Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television (MB Docket No. 03-15, RM-9832).
SUMMARY: The Commission will consider a Second Report and Order: Television Labeling Requirements concerning the labeling of television equipment in connection with the transition from analog to digital television.
2) MEDIA TITLE: Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television.
SUMMARY: The Commission will consider a Notice of Proposed Rulemaking proposing procedures and rule changes necessary to complete the transition to digital television.
3) MEDIA TITLE: Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission’s Rules (CS Docket No. 98-120).
SUMMARY: The Commission will consider a Second Further Notice of Proposed Rulemaking concerning issues related to mandatory cable carriage of digital broadcast television signals after the conclusion of the digital television (“DTVâ€) transition.
4) WIRELESS TELE-COMMUNICATIONS TITLE: Service Rules for the 698-746, 747-762 and 777-792 MHz Bands (WT Docket No. 06-150); Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems (CC Docket No. 94-102); Section 68.4(a) of the Commission's Rules Governing Hearing Aid-Compatible Telephones (WT Docket No. 01-309); Biennial Regulatory Review - Amendment of Parts 1, 22, 24, 27, and 90 to Streamline and Harmonize Various Rules Affecting Wireless Radio Services (WT Docket No. 03-264); Former Nextel Communications, Inc. Upper 700 MHz Guard Band Licenses and Revisions to Part 27 of the Commission's Rules (WT Docket No. 06-169); Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band (PS Docket No. 06-229); Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communications Requirements Through the Year 2010 (WT Docket No. 96-86).
SUMMARY: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking concerning rules governing wireless licenses in the 698-806 MHz Band, which is spectrum currently occupied by television broadcasters in TV Channels 52-69 and is being made available for wireless services, including public safety and commercial services. It also considers the applicability of rules concerning Enhanced 911 and Hearing-Aid Compatible Telephones to services in the band, as well as to other commercial mobile radio services.
5) INTERNATIONAL TITLE: The Establishment of Policies and Service Rules for the Broadcasting-Satellite Service at the 17.3-17.7 GHz Frequency Band and the 17.7-17.8 GHz Frequency Band Internationally, and at the 24.75-25.25 GHz Frequency Band for Fixed Satellite Services Providing Feeder Links to the Broadcasting-Satellite Service and for the Satellite Services Operating Bi-directionally in the 17.3-17.8 GHz Frequency Band (IB Docket No. 06-123).
SUMMARY: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking concerning processing and service rules for the 17/24 GHz Broadcasting Satellite Service (BSS).
6) WIRELINE COMPETITION TITLE: Numbering Resource Optimization; Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Telephone Number Portability (CC Docket Nos. 99-200, 96-98, 95-116).
SUMMARY: The Commission will consider a Fourth Order on Reconsideration addressing requests for reconsideration of the Commission’s service-specific and technology-specific numbering overlay requirements.
7) ENFORCEMENT TITLE: Dynasty Mortgage, L.L.C.
SUMMARY: The Commission will consider an Order of Forfeiture regarding violations of the Commission’s Do-Not-Call rules.
8) MEDIA TITLE: Reexamination of the Comparative Standards for Noncommercial Educational Applications; Association of America's Public Television Stations' Motion for Stay of Low Power Television Auction No. 81 (MM Docket No. 95-31).
SUMMARY: The Commission will consider a Memorandum Opinion and Order and Third Order on Reconsideration concerning petitions for reconsideration against the Reexamination of the Comparative Standards for Noncommercial Educational Applicants.
9) MEDIA TITLE: Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations. (Rincon, Puerto Rico) (MM Docket No. 00-123; RM-9903).
SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning petitions for reconsideration filed by Jose J. Arzuago, Jr. d/b/a Ocean Communications.
Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Include a description of the accommodation you will need including as much detail as you can. Also include a way we can contact you if we need more information. Make your request as early as possible; please allow at least 5 days advance notice. Last minute requests will be accepted, but may be impossible to fill. Send an e-mail to: fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
Additional information concerning this meeting may be obtained from Audrey Spivack or David Fiske, Office of Media Relations, (202) 418-0500; TTY 1-888-835-5322. Audio/Video coverage of the meeting will be broadcast live with open captioning over the Internet from the FCC's Audio/Video Events web page at www.fcc.gov/realaudio.
For a fee this meeting can be viewed live over George Mason University's Capitol Connection. The Capitol Connection also will carry the meeting live via the Internet. To purchase these
services call (703) 993-3100 or go to www.capitolconnection.gmu.edu.
Copies of materials adopted at this meeting can be purchased from the FCC's duplicating contractor, Best Copy and Printing, Inc. (202) 488-5300; Fax (202) 488-5563; TTY (202) 488-5562. These copies are available in paper format and alternative media, including large print/type; digital disk; and audio and video tape. Best Copy and Printing, Inc. may be reached by e-mail at FCC@BCPIWEB.com.
The Federal Communications Commission today announced the fourth public hearing on media ownership issues will be held in the Tampa-St. Petersburg, Florida, area in the afternoon and evening on Monday, April 30, 2007.
The hearing will provide an opporutunity for those in the Tampa-St. Petersburg area to discuss media ownership, including specific issues facing that local market.
The hearing date, time, and location are as follows:
Monday, April 30, 2007
4:00 p.m. -11:00 p.m.
Tampa Bay Performing Arts Center
Louise Lykes Ferguson Hall
1010 North W.C. MacInnes Place
Tampa, Florida 33602
Link to Tampa Bay Performing Arts Center:
http://www.tbpac.org/
Link to Tampa Bay Performing Arts Center Map And Directions:
http://www.tbpac.org/welcome/directions/directions.html
The purpose of the hearing is to fully involve the public in the process of the 2006 Quadrennial Broadcast Media Ownership Review that the Commission is currently conducting. The hearing is open to the public, and seating will be available on a first-come, first-served basis. This hearing is the fourth in a series of media ownership hearings the Commission intends to hold across the country.
There will be a period for public comment following panel discussions. Further details including names of the panelists will be released prior to the hearing.
For additional information about the hearing, please visit the FCC’s website at http://www.fcc.gov/ownership. Press inquiries should be directed to Clyde Ensslin, at 202-418-0506, or David Fiske, at 202-418-0513.
There will be two panels, each followed by a period for public comment. The first panel will provide an overview of the Tampa, Florida media market. The second panel will provide perspectives on media ownership. A final roster of panelists will be released prior to the hearing.
Agenda follows:
(All Times EST)
4:00 p.m. Welcome/Opening Remarks
4:30 p.m. Panel Discussion 1: Market Overview / Tampa, Florida Case Study
Dan Bradley, Media General Vice President of News for Broadcast
Bill Carey, General Manager of WFTS-TV and Incoming President of the Florida Association of Broadcasters
Robert Dardenne, Associate Professor in Journalism and Media Studies at Univ. of South Florida-St. Petersburg
Steve Erlanger, President, Hometown News
Ronald Gordon, President of ZGS Broadcast Holdings
Jim Johnson, Publisher of State of Sunshine, a political blog covering the state of Florida
Eric Klinenberg, Associate Professor of Sociology at New York University
Patrick Manteiga, Editor and Publisher of La Gaceta
Pat Roberts, President of the Florida Association of Broadcasters
Art Rowbotham, President of Hall Communications
Steve Wilson, Investigative Journalist
5:30 p.m. Public Comments
7:30 p.m. Break
8:00 p.m. Panel Discussion 2: Perspectives on Media Ownership
Gerardo Reyes-Chavez, Coalition of Immokalee Workers
Glenn Cherry, President/CEO and Chairman of the Board of Tama Broadcasting
Roswell Clarke, Director of Technical Operations and System Admin., Cox Radio-Tampa
Bob D’Andrea, President of the Christian Television Network
Dr. Karen Brown Dunlap, President of The Poynter Institute
Bob Gremillion, President, CEO and Publisher of the South Florida Sentinel
Carol Jenkins, President of The Women’s Media Center
Larry Lee, Jr., Owner of WFLM-FM/WIRA(AM), Port St. Lucie, Florida
Luis Lopez, Director of Public Relations, Hispanic Alliance of Tampa Bay
Carlina Rodriguez, Director of Organizing Spanish Language, Screen Actors Guild of America
Sam Rosenwasser, President and General Manager of WTSP(TV)
Rich Templin, Communications Director, Florida AFL-CIO
9:00 p.m. Public Comments
11:00 p.m. Wrap-Up/Adjournment
The moderator will be Louis Sigalos, Chief of the Consumer Affairs & Outreach Division, Consumer & Governmental Affairs Bureau, FCC
(see http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-272530A1.doc)
Previous FCC public hearings in the current review of media ownership issues were held in Los Angeles, CA on October 3, 2006; Nashville, TN on December 11, 2006; and Harrisburg, PA on February 23, 2007.
"This is a seminal event in Media-Internet relations ... and how the value of content will be clarified in the online medium."
-- Aryeh Bourkoff, UBS analyst
http://www.benton.org/index.php?q=node/5148
VIACOM IN $1 BILLION COPYRIGHT SUIT VERSUS GOOGLE, YOUTUBE
[SOURCE: Reuters, AUTHOR: Kenneth Li and Michele Gershberg]
Viacom sued Google and its Internet video-sharing site YouTube for more than $1 billion on Tuesday in the biggest challenge yet to the Web search leader's strategy to dominate the online video market. The lawsuit accuses Google and its popular online video unit of "massive intentional copyright infringement" for allowing users to upload popular shows, threatening ambitions to make YouTube a major entertainment and advertising outlet. The legal challenge from Viacom, home to the MTV and Comedy Central channels, also suggested a wider battle between traditional and Internet media companies that now compete for audiences and advertising dollars.
http://www.reuters.com/article/technologyNews/idUSWEN535120070313
* Public Knowledge statement: "Without commenting on the specific allegations involved, we note that simply because material is “unauthorized†does not make its use illegal. There are limitations to copyright law, known as fair use, that do not require the copyright owner’s permission before use of a work. Many of the users of YouTube who have posted short clips of main-stream media’s works have done so using their fair use rights, for reasons of criticism, comment, education, and news reporting. We are confident YouTube and Google will continue to take appropriate actions in accordance with the safe-harbor provisions of the Digital Millennium Copyright Act (DMCA). By a previous request of Viacom, YouTube has already removed some 100,000 clips."
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/101398694/860
* Old Viacom doesn't get it, new CBS does
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/101424170/861
* Viacom Sues YouTube Over Copyright
http://www.washingtonpost.com/wp-dyn/content/article/2007/03/13/AR200703...
* Viacom sues Google's YouTube in $1B copyright suit
http://www.usatoday.com/printedition/money/20070314/viacom14.art.htm
* Viacom files $1-billion suit over YouTube
http://www.latimes.com/news/printedition/front/la-fi-viacom14mar14,1,363...
* Viacom Sues Google Over Video Clips on Its Sharing Web Site
http://www.nytimes.com/2007/03/14/technology/14viacom.html
* Viacom vs. Google: Test of key online law
http://www.siliconvalley.com/mld/siliconvalley/16899987.htm
* Viacom v. Google Could Shape Digital Future
http://online.wsj.com/article/SB117379140954435400.html?mod=todays_us_ma...
YOUTUBE'S FATE RESTS ON DECADE-OLD COPYRIGHT LAW
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
Whether YouTube suffers the same fate as Napster may depend on the wording of a nearly antique law written long before video-sharing Web sites were envisioned. The law is, of course, the Digital Millennium Copyright Act, or DMCA, which made its appearance in the U.S. Congress in July 1997. Central to the question of Google's legal liability is the phrasing of a densely worded portion -- Section 512 -- of the DMCA. Section 512's so-called safe harbor generally lets hosting companies off the hook for legal liability, as long as they don't turn a blind eye to copyright infringement and if they remove infringing material when notified. YouTube does the second part through a formal posted policy, and it prohibits uploads of unauthorized videos more than 10 minutes in length. But what about the safe harbor's first requirement of not ignoring massive infringement? Viacom's complaint says, "YouTube has failed to employ reasonable measures that could substantially reduce, or eliminate, the massive amount of copyright infringement on the YouTube site from which YouTube directly profits." (For its part, Google says it's confident that YouTube has respected the legal rights of copyright holders and predicts that the courts will agree.)
http://news.com.com/YouTubes+fate+rests+on+decade-old+copyright+law/2100...
* Google confident digital liability law protects it
http://www.reuters.com/article/technologyNews/idUSN1316411620070314
Viacom in $1 billion copyright suit versus Google, YouTube
WHO OWNS YOUR LOCAL MEDIA OUTLETS? IT'S PRIVATE
[SOURCE: HearUsNow.org, AUTHOR: Bob Williams]
[Commentary] It is already hard enough to find out who really owns your local media outlets, although it is a good bet that it is some combination of huge conglomerates such as General Electric or Clear Channel. Get ready for it to get a lot tougher. Private equity firms have fallen in love with publicly-owned media properties and are busily snatching up every one they can. That's a big problem because private equity firms tend to be, well, private. The Federal Communications Commission has specific rules limiting the number and type of local media outlets that a single company or individual can own. The FCC is supposed to keep careful track of who owns what to make sure those rules aren't violated. With publicly-owned media companies, the calculations are fairly straightforward. But in limited partnerships or limited liability companies -- the corporate structures favored by most private equity funds -- all partners and/or members is considered an owner by the FCC. That can be a huge headache for the big and active investors who populate the private equity world, who regularly team up with many partners to buy and sell things. Not to worry, says the Wilmer Hale law firm. The law firm has just issued a new advice sheet for private equity fund managers and investors on how to avoid being classified as the actual owners of media outlets. Basically, it offers up a list of provisions that can be adopted by a fund to ensure that a partner or member "is exempt from ownership attribution" by the FCC.
http://www.consumersunion.org/blogs/hun/2007/03/who_owns_your_local_medi...
* PRIVATE EQUITY AND MEDIA OWNERSHIP
[SOURCE: WilmerHale]
Private equity firms are getting more and more involved in media ownership. One private equity firm recently announced that it had raised $12 billion for its latest fund for media and other communications investments. This brief advises those forming private equity funds of the FCC's crossownership rules.
http://www.wilmerhale.com/files/Publication/c2fa35c8-65d3-4063-b30b-0781...
Who Owns Your Local Media Outlets? It's Private
FCC CUT STUDY FINDING 911 FLAWS
[SOURCE: USAToday, AUTHOR: Leslie Cauley]
Satellite-based emergency 911 technology often can't pinpoint the location of cellphone users dialing 911 from homes, offices, sports arenas and other indoor locations, a never-released report commissioned by the Federal Communications Commission concluded last year. More than 60% of wireless usage now takes place inside buildings. The report's author, Dale Hatfield, found that the rush to embrace wireless has only exacerbated the problem with the 911 service designed for mobile phones. So what happened? Hatfield's report says the public never heard about his concerns because the FCC decided to terminate the study a few days later. His report, details of which were presented to FCC staff, was never finished or released. He never presented the report directly to Chairman Kevin Martin or the other commissioners. "(The study) was terminated," says Hatfield, who performed the work on contract. He had formerly been the FCC's chief technologist. He is currently chairman of the Commerce Department's Spectrum Management Advisory Committee. Hatfield says the unpublished report was supposed to be a follow-up to a 2003 report he did for the agency on the same subject.
http://www.usatoday.com/printedition/money/20070314/1b_wireless14.art.htm
FCC Cut Study Finding 911 Flaws
MARTIN CIRCULATES LEASED MUST-CARRY PROPOSAL
[SOURCE: Broadcasting&Cable, AUTHOR: ]
FCC Chairman Kevin Martin Tuesday night distributed to the other commissioners a proposal to give DTV multicast channels leased to minorities and small businesses by TV broadcasters the same must-carry rights as those stations get. Apparently the rule would allow a broadcaster to lease a multicast stream to a designated entry, with the "punch line" being that right to mandatory carriage. The proposal would essentially create a new class of station by proxy, with the same privileges, most notably carriage, and the same public interest responsibilities. The FCC will next meet March 22 and the agenda for the meeting will be released March 15.
http://www.broadcastingcable.com/article/CA6424097?title=Article&spacede...
* FCC's Martin Pushes for Digital Fix
http://www.law.com/jsp/article.jsp?id=1173703109064
http://www.broadcastingcable.com/article/CA6424097?title=Article&spacedesc=news
FCC AIDE: MARTIN WANTS 30% CABLE CAP
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
A cable operator would be barred from serving more than 30% of pay television subscribers under a proposal backed by Federal Communications Commission Chairman Kevin Martin. The proposal puts him at odds with Comcast, the nation's leading cable giant, which has advocated elimination of a rigid ownership limit, citing "revolutionary changes" in the video-programming-distribution market. Chairman Martin has distributed his proposal as a possible item for the March 22 FCC meeting. Chairman Martin’s support for a 30% cap shouldn't come as a surprise to the cable industry. Since taking office in March 2005, he has complained about cable-rate increases and the industry's refusal to provide programming on an a la carte basis. He ordered his staff to reject a set-top-box wavier sought by Comcast, which the MSO sought in an effort to transition its network to digital-only in the most efficient manner economically. Now, he is pushing for rules that would force cable carriage of additional local-TV-station programming.
http://www.multichannel.com/article/CA6424112.html?display=Breaking+News
* FCC Chairman Wants To Establish Cable Cap
http://online.wsj.com/article/SB117384278214636476.html?mod=todays_us_ma...
* Proposed FCC rule would limit Comcast
http://www.latimes.com/business/printedition/la-fi-fcc14mar14,1,3271320....
* FCC Proposes Maintaining 30% Cable Cap
http://www.broadcastingcable.com/article/CA6423846?title=Article&spacede...
http://www.multichannel.com/article/CA6424112.html?display=Breaking%20News
MCSLARROW FIELDS QUESTIONS ON MARTIN "CRUSADE"
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
FCC Chairman Kevin Martin appears to be on a one-man crusade against cable, said an attendee at the Cable Television Public Affairs Association forum in Washington, framing a question to National Cable & Telecommunications Association President Kyle McSlarrow. McSlarrow told his interviewer, CNN's Zain Verjee, that he was not really going to address that, but then he did, sort of. McSlarrow gave credit to the FCC for some deregulation on the video side and an important decision on interconnection with telcos that helped cable, but he also said Chairman Martin has "not been easy" to work with.
http://www.broadcastingcable.com/article/CA6423859?title=Article&spacede...
http://www.broadcastingcable.com/article/CA6423859?title=Article&spacedesc=news
FCC RECIRCULATES NASA PETITION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The FCC may be finally ready to grant a petition by network-affiliated TV stations to get more control over their airtime. An FCC source says that one of the dozens of items circulated for commissioner's perusal this week is the long-standing Network Affiliated Stations Alliance (NASA) petition calling for changes to the network-affiliate relationship. An industry source says it looks like the FCC gave stations "virtually everything." The NASA petition, which has been kicking around the commission for years, got new life back in 2004 after the Janet Jackson reveal brought new legs to the issue of affiliates' ability to preempt network programming. At Hill hearings on the Jackson incident, some station owners argued that they did not have sufficient notice or freedom to preempt network shows for content concerns and asked for the FCC's help in giving them more control over their airtime.
http://www.broadcastingcable.com/article/CA6424130.html?display=Breaking...
http://www.broadcastingcable.com/article/CA6424130.html?display=Breaking%20News