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Coverage Type 

FCC RECHARTERS DIVERSITY COMMITTEE
[SOURCE: Federal Communications Commission]
The Federal Communications Commission has renewed the charter of the Commission's Advisory Committee on Diversity for Communications in the Digital Age ("Diversity Committee") for a period of two years through December 5, 2008. Lisa M. Fowlkes and Barbara Kreisman are the Designated Federal Officer and Alternate Designated Federal Officer, respectively, of the Diversity Committee. The Committee will meet December 21 at the FCC. Benton Foundation board member Henry Rivera will chair the Committee.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2491A1.doc


FCC Recharters Diversity Committee
Coverage Type 

MICHIGAN LAWMAKERS SEND BILL ON VIDEO-FRANCHISING TO GOVERNOR
[SOURCE: Technology Daily, AUTHOR: Michael Martinez]
The Michigan legislature cleared to the governor legislation that would streamline the state's video-franchising rules. The state Senate passed an amended version of the bill by a vote of 26-12, and the state House quickly endorsed the changes on what is expected to be the last day of the legislative session. The bill would allow new entrants to the state's video services market to bypass localities by negotiating statewide franchises. The state currently requires entrants to separately negotiate franchises with localities. Gov. Jennifer Granholm (D) is expected to sign the bill. Spokeswoman Liz Boyd said Gov Granholm believes the measure is "good for consumers and good for Michigan." The measure has been pushed hard by AT&T, which last month promised to invest $620 million and create 2,000 jobs in Michigan over the next three years as it offers video service via the fiber-optic network it has built there. The franchising debate in Michigan has received more nationwide attention than the debates in other states because of last-minute lobbying by Google and others to add language about how broadband operators treat online content. But the version of the bill passed by the Senate on Tuesday included no language addressing that so-called network neutrality issue.
http://www.njtelecomupdate.com/lenya/telco/live/tb-CNGP1165960454428.html


Michigan Passes Bill On Video-Franchising
Coverage Type 

FAMILY WITH BIG STAKE SEEKS PART OF TRIBUNE CO
[SOURCE: New York Times, AUTHOR: Andrew Ross Sorkin & Katharine Seelye]
The Chandler family, which long owned The Los Angeles Times, has begun holding talks with several private equity firms about forming a consortium to bid on part of the Tribune Company. The talks come six months after the Chandlers pressed to put the Tribune up for sale. The family, which became a large shareholder in Tribune when it sold Times Mirror to the company, has been critical of Tribune’s management and its slumping stock price. Frustrated with the muted interest that the auction of Tribune has so far generated, the Chandlers are exploring the idea of leading a private equity consortium as a way to either create value in a leveraged buyout of the assets or to possibly start a bidding war. Practically no newspaper companies, with the exception of the Gannett Company, have expressed interest in Tribune, which in addition to The Los Angeles Times owns The Chicago Tribune, Newsday and other newspapers, as well as two dozen television stations and the Chicago Cubs. A few private equity firms have submitted bids that were much lower than anticipated.
http://www.nytimes.com/2006/12/13/business/media/13tribune.html
(requires registration)


Chandler Family Seeks Part of Tribune
Coverage Type 

MICROSOFT TELLS FCC WHAT IT WANTS FOR CHRISTMAS
[SOURCE: Lasar's Letter on the FCC, AUTHOR: Matthew Lasar]
Microsoft executives spent much of the first week of this month at the Federal Communications Commission, meeting with Commissioners and staff. Not only did they lobby for specific regulatory policies, they outlined a broad agenda for the FCC to follow in the years ahead. 1) On December 7th, Microsoft representatives Craig Mundie, Ian Ferrel, Blair Westlake, and Paula Boyd met with FCC Chair Kevin Martin and called for the deregulation of the video franchising process. Mundie argued that such deregulation would "help to expedite the deployment of new video services." 2) Microsoft has been pushing hard over the last few months for the FCC to give the corporation easy access to so-called "white space." The software giant wants this access to market "unlicensed devices" on such spectrum, such as LAN based home entertainment systems and "robust" or "community mesh networks" -- interconnected LANs that can share a wide variety of communications home and office applications. 3) At a December 1st meeting, Microsoft officials endorsed Comcast's petition for a waiver on the "integration ban" on TV set-top boxes. Not providing "built-in" security on such boxes makes it easier for consumers to pick their own set-top box, rather than the cable provider's preferred equipment.
http://www.lasarletter.net/drupal/node/261


Microsoft tells FCC what it wants

Benton's Communications-related Headlines For Wednesday December 13, 2006

(sorry we're late this morning)

MEDIA OWNERSHIP HEARING
FCC Holds Rules Hearings

NEWS FROM CONGRESS
Dems Dissatisfied With FCC Recusal Response
Congress and tech: Little to show

INDECENCY
FCC Chairman Martin? It's Time for You to Resign
Court Says Profanity Arguments Can Be Televised

QUICKLY -- FCC Recharters Diversity Committee; Michigan Passes Bill
On Video-Franchising; Chandler Family Seeks Part of Tribune;
Microsoft tells FCC what it wants for Christmas; Granite Files
Chapter 11; AT&T Sues Time Warner in Texas

MEDIA OWNERSHIP HEARING

FCC HOLDS RULES HEARINGS
[SOURCE: MediaWeek, AUTHOR: Ken Tucker]
Four FCC commissioners -- Kevin Martin, Michael Copps, Jonathan
Adelstein and Nashville's own Deborah Tate -- were on hand at Belmont
University here for the second of six public hearings on the media
ownership rules. Commissioner McDowell was not present. On the agenda
were two panels, one focusing on how current media ownership rules
affect the music industry and the other a look at the Nashville media
market. A number of the commissioners' opening comments brought
cheers and applause from the audience, particularly Adelstein's and
Martin's vows to fight payola. Commissioner Copps, who cited a
lifelong love for country music, may have gotten the biggest
response, though. "If anyone tells you big media's push for more
consolidation has gone away, don't believe it," Copps said. "People
don't have enough say about how their airwaves are used, and it's
time for that to change." He also took the opportunity to attack
former FCC chairman Michael Powell for attempting to loosen ownership
restrictions "under cover of night." The resulting outcry, according
to Copps, "shows that concerned citizens can still make a difference
in this country. Commissioner Adelstein, a musician and avowed music
fan, questioned whether consolidated radio would allow Elvis Presley
to get his start today. "I sometimes wonder if the next Elvis is out
there somewhere throwing down his guitar in disgust because he can't
get on the radio because he's 'different,'" Adelstein said.
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=10034...

* Statement by Chairman Martin
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268912A1.doc
* Statement by Commissioner Copps
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268906A1.doc
* Statement by Commissioner Adelstein
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268905A1.doc
* FCC comes to town to talk about rights of free expression
[Commentary] An op-ed from FCC Commissioner Deborah Taylor Tate.
http://www.tennessean.com/apps/pbcs.dll/article?AID=2006612100373

* Nashville Knocks Consolidation
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
http://www.broadcastingcable.com/article/CA6398743.html?title=Article&sp...

* FCC Hears Arguments for, Against Easing Ownership Rules
http://www.tvweek.com/news.cms?newsId=11217
(requires free registration)

* FCC Hears It From Open Mikers
During the open-mike session of the FCC media ownership hearing in
Nashville Monday, the FCC heard from some angry Tennesseans on the
subject of media consolidation. One man who took the mike to register
his complaint said he owned the only local station in his town after
the others were moved by a corporate owners, who he called "idiots in suits."
http://www.broadcastingcable.com/article/CA6398935.html?display=Breaking...

* Copps Cheered in Nashville
FCC Commissioner Michael Copps was in his element Monday, getting a
Nashville reception that Hank Williams would have been proud of. His
opening remarks at the FCC's second regional media ownership hearing,
being held in Nashville, were interrupted time and again by applause
and cheers as he pounded on the FCC's remanded ownership rules --
"hammered through" under cover of night against his objections -- and
said that the FCC had to listen to people this time around and put
localism at the head of its agenda.
http://www.broadcastingcable.com/article/CA6398898?display=Breaking+News

* Country Stars Bemoan Radio Consolidation to FCC
http://www.tvweek.com/news.cms?newsId=11211

* Broadcasters Ask FCC to Think Small
A coalition of small-market broadcasters led by Raycom's Paul McTear
will be lobbying the FCC asking for the same duopoly rights as their
big-market brethren. The group argues that smaller-market
broadcasters are feeling a serious financial squeeze from a costly
digital transition, the elimination of network compensation and
shrinking ad revenues.
http://www.tvnewsday.com/articles/2006/12/13/daily.2/

NEWS FROM CONGRESS

DEMS DISSATISFIED WITH FCC RECUSAL RESPONSE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
FCC General Counsel Sam Feder has provided top House Democrats with
supporting information for his decision to allow Commissioner Robert
McDowell to vote in the Bell South/AT&T merger, but the answers
didn't sit well with them. Incoming House Commerce Committee Chairman
John Dingell (D-MI) said the FCC "has not provided a thoughtful and
appropriate explanation for departing from the advice of the Director
of the Office of Government Ethics." The ethics director told Feder
that he would not "un-recuse" Commissioner McDowell. Rep Dingell's
dissatisfaction with the response was echoed by Rep Ed Markey (D-MA)
who said, "Nothing in the General Counsel's response surmounts the
ethical hurdle placed before the Commission by the Director of the
Office of Government Ethics Robert I. Cusick who indicated to the FCC
that if the decision were up to him, he would not authorize
Commissioner McDowell's participation in the AT&T-BellSouth merger
proceeding. Instead, the FCC General Counsel's response highlights
that there is no direct or persuasive precedent for 'un-recusing'
Commissioner McDowell." Feder said there were several precedents for
un-recusing commissioners, including one involving FCC Chairman Kevin
Martin and one involving former Chairman Michael Powell. He also said
that the FCC had demonstrated it was at an impasse on the merger
vote, with the item pulled from the agenda three times because it was
deadlocked 2-2. He also pointed out that clearing McDowell to vote
did not mean compelling the vote.
http://www.broadcastingcable.com/article/CA6399296.html?display=Breaking...
* Dingell, Markey Blast FCC Lawyer
http://www.multichannel.com/article/CA6399384.html?display=Breaking+News
* Key Democrats Push To Keep FCC's McDowell Recused On Merger
http://www.njtelecomupdate.com/lenya/telco/live/tb-AGZZ1165960613023.html
* FCC's Martin Takes Heat Over AT&T-BellSouth Action
http://www.tvweek.com/news.cms?newsId=11208
(requires free registration)
* McDowell Can't Make Ownership Hearing
FCC Commissioner Robert McDowell did not attend the hearing in
Nashville. He stayed in Washington to consider his participation in
the FCC's vote on the AT&T/BellSouth merger.
http://www.broadcastingcable.com/article/CA6398804?display=Breaking+News
* McDowell Mulls AT&T-BellSouth Options
http://www.multichannel.com/article/CA6398924.html?display=Breaking+News

CONGRESS AND TECH: LITTLE TO SHOW
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh and Anne Broache]
Politicians in Washington, D.C., spent the last two years promising
new laws on everything from Net neutrality to computer security and
social-networking sites. But when the 109th Congress finally
adjourned over the weekend, ending 12 years of Republican rule of the
U.S. House of Representatives, few technology-related bills had
actually made it through the legislative process. "If they were going
to get a grade, it would be an 'I' for failure to complete all
assignments," said John Palafoutas, senior vice president and chief
lobbyist for the American Electronics Association, whose members
include about 2,500 companies, among them Adobe Systems, Intel, Sun
Microsystems and Hewlett-Packard. A review of outstanding legislation
shows both chambers of Congress approved only a handful of
technology-related items, leaving proposals on topics like data
breach notification, patent reform and Net neutrality to die in committee.
http://news.com.com/Congress+and+tech+Little+to+show/2100-1030_3-6142709...

INDECENCY

FCC CHAIRMAN MARTIN? IT'S TIME FOR YOU TO RESIGN
[SOURCE: AdAge, AUTHOR: Simon Dumenco]
[Commentary] What's driving the FCC's censorious crusade? An extreme,
faith-based view of governing that's being championed by
underqualified FCC Chairman Kevin Martin, who got this job thanks to
a resume that includes serving on Bush's 2000 Florida recount team
and working for Monica Lewinsky fetishist Ken Starr. Martin has
pumped up his case for a morals crisis in American broadcasting by
allowing the use of fraudulent complaints to shape the FCC's great
crusade. We're talking about just another form of un-American
ballot-box stuffing: quasi-automated complaint e-mails about
"indecency" that are invariably generated by a handful of religious
organizations that whip their members into click-and-send frenzies,
usually with few of the members ever having witnessed any (supposed)
broadcast offense. Liberals and conservatives alike should be
panicking about this, because the FCC absolutely shouldn't be
beholden to any one minority group, let alone a religious lobby
that's manufacturing the appearance of mass outrage. The FCC should
be striving to reflect the views of the majority of Americans; the
commissioners should not be held hostage by one hyperactive,
megaphone-wielding group looking to impose its point of view on the
rest of us. Like Donald Rumsfeld before him, Kevin Martin has
stubbornly and willfully relied on faulty intelligence that does not
reflect reality outside of a certain hermetically sealed bubble.
Martin and his ultra-conservative religious allies would have us
believe that they've found the moral equivalent of WMDs on our
airwaves: an epidemic of foulness that necessitates the FCC's
invasion of American living rooms to protect us from broadcast
evildoers. But the average American simply does not want the
government deciding what adults can and cannot watch -- and certainly
doesn't want censorious rules to extend to pay-cable networks (such
as HBO), as Martin hopes to do. All TV can't, and shouldn't, be
reduced to the level of "Blue's Clues" (or "The 700 Club," for that matter).
http://adage.com/mediaworks/article?article_id=113730

COURT SAYS PROFANITY ARGUMENTS CAN BE TELEVISED
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The oral arguments in broadcasters challenge to the FCC's March
profanity rulings against Fox Billboard Awards broadcasts will be
allowed to be televised. That's according to the docket of the U.S.
Court of Appeals for the Second Circuit in New York. The court has
informed the attorneys involved that on December 11 it granted a
request from C-SPAN to televise the December 20 arguments. Arguments
by broadcasters and the FCC are scheduled for 12 minutes per side,
but could and probably will go longer. The televised coverage is
"uncommon but not unprecedented," said Andrew Schwartzman of the
Media Access Project, which is representing intervenor Center for
Creative Voices.
http://www.broadcastingcable.com/article/CA6399397.html

QUICKLY

FCC RECHARTERS DIVERSITY COMMITTEE
[SOURCE: Federal Communications Commission]
The Federal Communications Commission has renewed the charter of the
Commission's Advisory Committee on Diversity for Communications in
the Digital Age ("Diversity Committee") for a period of two years
through December 5, 2008. Lisa M. Fowlkes and Barbara Kreisman are
the Designated Federal Officer and Alternate Designated Federal
Officer, respectively, of the Diversity Committee. The Committee will
meet December 21 at the FCC. Benton Foundation board member Henry
Rivera will chair the Committee.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2491A1.doc

MICHIGAN LAWMAKERS SEND BILL ON VIDEO-FRANCHISING TO GOVERNOR
[SOURCE: Technology Daily, AUTHOR: Michael Martinez]
The Michigan legislature cleared to the governor legislation that
would streamline the state's video-franchising rules. The state
Senate passed an amended version of the bill by a vote of 26-12, and
the state House quickly endorsed the changes on what is expected to
be the last day of the legislative session. The bill would allow new
entrants to the state's video services market to bypass localities by
negotiating statewide franchises. The state currently requires
entrants to separately negotiate franchises with localities. Gov.
Jennifer Granholm (D) is expected to sign the bill. Spokeswoman Liz
Boyd said Gov Granholm believes the measure is "good for consumers
and good for Michigan." The measure has been pushed hard by AT&T,
which last month promised to invest $620 million and create 2,000
jobs in Michigan over the next three years as it offers video service
via the fiber-optic network it has built there. The franchising
debate in Michigan has received more nationwide attention than the
debates in other states because of last-minute lobbying by Google and
others to add language about how broadband operators treat online
content. But the version of the bill passed by the Senate on Tuesday
included no language addressing that so-called network neutrality issue.
http://www.njtelecomupdate.com/lenya/telco/live/tb-CNGP1165960454428.html

FAMILY WITH BIG STAKE SEEKS PART OF TRIBUNE CO
[SOURCE: New York Times, AUTHOR: Andrew Ross Sorkin & Katharine Seelye]
The Chandler family, which long owned The Los Angeles Times, has
begun holding talks with several private equity firms about forming a
consortium to bid on part of the Tribune Company. The talks come six
months after the Chandlers pressed to put the Tribune up for sale.
The family, which became a large shareholder in Tribune when it sold
Times Mirror to the company, has been critical of Tribune's
management and its slumping stock price. Frustrated with the muted
interest that the auction of Tribune has so far generated, the
Chandlers are exploring the idea of leading a private equity
consortium as a way to either create value in a leveraged buyout of
the assets or to possibly start a bidding war. Practically no
newspaper companies, with the exception of the Gannett Company, have
expressed interest in Tribune, which in addition to The Los Angeles
Times owns The Chicago Tribune, Newsday and other newspapers, as well
as two dozen television stations and the Chicago Cubs. A few private
equity firms have submitted bids that were much lower than anticipated.
http://www.nytimes.com/2006/12/13/business/media/13tribune.html
(requires registration)

MICROSOFT TELLS FCC WHAT IT WANTS FOR CHRISTMAS
[SOURCE: Lasar's Letter on the FCC, AUTHOR: Matthew Lasar]
Microsoft executives spent much of the first week of this month at
the Federal Communications Commission, meeting with Commissioners and
staff. Not only did they lobby for specific regulatory policies, they
outlined a broad agenda for the FCC to follow in the years ahead. 1)
On December 7th, Microsoft representatives Craig Mundie, Ian Ferrel,
Blair Westlake, and Paula Boyd met with FCC Chair Kevin Martin and
called for the deregulation of the video franchising process. Mundie
argued that such deregulation would "help to expedite the deployment
of new video services." 2) Microsoft has been pushing hard over the
last few months for the FCC to give the corporation easy access to
so-called "white space." The software giant wants this access to
market "unlicensed devices" on such spectrum, such as LAN based home
entertainment systems and "robust" or "community mesh networks" --
interconnected LANs that can share a wide variety of communications
home and office applications. 3) At a December 1st meeting, Microsoft
officials endorsed Comcast's petition for a waiver on the
"integration ban" on TV set-top boxes. Not providing "built-in"
security on such boxes makes it easier for consumers to pick their
own set-top box, rather than the cable provider's preferred equipment.
http://www.lasarletter.net/drupal/node/261

GRANITE BROADCASTING FILES CHAPTER 11
[SOURCE: tvnewsday]
Granite Broadcasting Corp. announced Monday afternoon that it, along
with certain of its subsidiaries, has voluntarily filed petitions for
reorganization under chapter 11 of the United States Bankruptcy Code
in the United States Bankruptcy Court for the Southern District of
New York. Granite owns and operates, or provides programming, sales
and other services to 23 channels in the following 11 markets: San
Francisco; Detroit; Buffalo, N.Y.; Fresno, Calif.; Syracuse, N.Y.;
Fort Wayne, Ind.; Peoria, Ill.; Duluth, Minn.-Superior, Wis.;
Binghamton, N.Y.; Utica, N.Y.; and Elmira, N.Y. The stations include
affiliates of NBC, CBS, ABC, CW and MNT.
http://www.tvnewsday.com/articles/2006/12/11/daily.6/

AT&T SUES TIME WARNER IN TEXAS
[SOURCE: Multichannel News, AUTHOR: Todd Spangler]
AT&T filed a lawsuit in a Texas county court against Time Warner
Cable's San Antonio division, alleging that the cable operator
engaged in "a methodical invasion of facilities owned, operated and
controlled by AT&T Texas" at apartments and other multiple-dwelling
units in and around the city. As part of installing voice service,
Time Warner "caused damage to physical plant" owned by AT&T,
according to the lawsuit, "solely to gain competitive advantage and
commercial benefit."
http://www.multichannel.com/article/CA6399398.html?display=Breaking+News
--------------------------------------------------------------
Way to go, Cass.
--------------------------------------------------------------
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.
--------------------------------------------------------------

Coverage Type 

You might think things'll slow down in Washington with the holidays quickly approaching, but au contraire... Three events to keep an eye on this week: 1) the FCC media ownership hearing in Nashville today (watch it at http://www.fcc.gov/realaudio/), 2) the Commercial Mobile Service Alert Advisory Committee kicks off on Tuesday (watch it at http://www.fcc.gov/realaudio/) and 3) the Spectrum Management Advisory Committee begins work on Wednesday. For these and other upcoming media policy events, see http://www.benton.org


http://www.benton.org/?q=event
Coverage Type 

CONGRESS ENDS WITH A FLURRY OF LEGISLATION
[SOURCE: Reuters, AUTHOR: Richard Cowan and Thomas Ferraro]
The Republican-led 109th Congress ended on Saturday, sending President Bush a stack of bills the Senate and House of Representatives passed as Democrats, victorious in last month's elections, prepared to take control of the new 110th Congress set to convene on January 4. Below see links to some of what was done -- and wasn't done -- in the 109th's last few hours.
http://today.reuters.com/News/newsArticle.aspx?type=politicsNews&storyID...

* Huge Victory for Real People as Telco Bill Dies
[Commentary] "The gavel has fallen on the 109th Congress marking the demise of entrenched corporate efforts to legislate away our Internet freedoms — and a stunning victory for real people who want to retain control of the Internet."
http://www.savetheinternet.com/blog/2006/12/08/congress-closes-telco-bil...

* Congress Approves US SAFE WEB Act
Congress approved S. 1608, the “Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers Beyond Borders Act of 2006” (US SAFE WEB Act of 2006). The bill will improve the Federal Trade Commission’s ability to provide international consumer protections specifically to combat spam, spyware, and Internet fraud and deception.
http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Det...

* Senate Approves Pretexting Legislation
The United States Senate today passed H.R. 4709, the Telephone Records and Privacy Protection Act of 2006. Senate Commerce Committee Chairman Ted Stevens (R-Alaska) was a co-sponsor of the Senate companion to the House legislation, S. 2178. The measure will criminalize the practice of “pretexting,” which consists of obtaining confidential phone records information by making false or fraudulent statements to a telephone service provider, providing false or fraudulent documents to a telephone service provider, or accessing customer accounts through the Internet or by fraudulent computer-related activities without prior authorization. The bill will also prohibit the unauthorized sale or transfer of confidential phone records information, or the receipt of such information with the knowledge that it was fraudulently obtained.
http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Det...

* Senate passes bill to criminalize pretexting
http://news.com.com/Senate+passes+bill+to+criminalize+pretexting/2100-10...

* Congress Passes Call Home Act of 2006
Congress passed the Call Home Act of 2006 (S. 2653). This legislation will direct the Federal Communications Commission, in coordination with the Department of Defense and the Department of State, to seek to reduce phone rates for Armed Forces personnel deployed overseas. The legislation authorizes the FCC to take actions necessary to reduce phone bills for troops deployed overseas, including the waiver of government fees, assessments, or other charges. In seeking to reduce such telephone rates, the legislation directs the FCC to evaluate and analyze the costs of calls to and from official duty stations; evaluate methods of reducing rates including the deployment of new technology such as Voice-over Internet Protocol (VoIP); encourage phone companies to adopt flexible billing for troops and their dependents; and seek agreements with foreign governments to reduce international surcharges on phone calls. The bill also includes language (added by Senator Stevens) that will help improve public safety by speeding the distribution of $1 billion dollars in funding for public safety interoperability communications made available in the Deficit Reduction Act of 2005. The public safety community would receive the money by the end of this fiscal year.
http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Det...

* Kneuer Confirmed to head NTIA
On December 9, the Senate confirmed John M. R. Kneuer, of New Jersey, to be Assistant Secretary of Commerce for Communications and Information. Assist Sec Kneuer heads the National Telecommunications and Information Administration (NTIA), the President's principal adviser on telecommunications and information policy issues.
http://www.senate.gov/pagelayout/legislative/one_item_and_teasers/nom_co...



Coverage Type 

FCC: MCDOWELL CAN VOTE ON AT&T-BELLSOUTH
[SOURCE: Associated Press, AUTHOR: John Dunbar]
Federal Communications Commission General Counsel Sam Feder on Friday authorized Commissioner Robert McDowell to vote on the proposed buyout of BellSouth by AT&T despite an apparent conflict of interest. The move could break a deadlock on the deal. The decision came a week after FCC Chairman Kevin Martin declared an impasse in the proceeding and asked for the ruling. The next open meeting for the agency is Dec. 20, but Chairman Martin said on Friday night that he does not anticipate putting the issue up for a vote then. It would not give McDowell enough time to get "up to speed" on the issues, Chairman Martin said. In Feder's eight-page opinion, he argued that Commissioner McDowell should be allowed to vote because he had not participated in the merger proceeding as a lobbyist, did not stand to gain financially from his vote and that it would be impossible for someone else to take his place in the proceeding. But Feder was also clearly torn, noting that Robert Cusick, director of the Office of Government Ethics had said the decision was a close call on which reasonable people could differ and that Cusick said he would decide against authorization but that "the FCC could reasonably come out the other way." Feder based his decision on the fact that McDowell has voted on other proceedings in which AT&T and BellSouth filed comments. While Commissioner McDowell, a former lobbyist for a trade group that opposes the merger, is authorized to participate, that doesn't mean he will be forced to vote yes or no. He could still abstain and, in a released statement (see link below), did not indicate whether he had made up his mind, saying only that he was reviewing Feder's opinion. The deal would be the biggest in U.S. telecommunications history.
http://www.businessweek.com/ap/financialnews/D8LT50100.htm

* GC Feder's decision:
http://www.fcc.gov/ogc/documents/ATT-Authorization-Memo-120806.pdf

* Commissioner McDowell's reaction:
http://www.fcc.gov/commissioners/mcdowell/documents/McDowell-Statement-A...

* Chairman Martin's reaction:
"It is in the interest of the government and the American people to move this matter forward in a timely fashion. To that end, I look forward to working with all of my colleagues here on the Commission to reach a consensus."
http://www.fcc.gov/commissioners/martin/documents/Martin-Statement-ATT-B...

* Reaction from Sen Ted Stevens:
“This merger has been under consideration for almost nine months. The Commission considered more than 10,000 comments and 600 reply comments. But now it is deadlocked. We have an odd number of FCC Commissioners for a reason, and the Commission functions best when there is a fifth person involved. A 2-2 stalemate does not serve the public interest. Now that the General Counsel has made this decision, I urge the Commission to reach a timely decision.”
http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Det...

* FCC commissioner can break tie in AT&T-BellSouth merger
http://news.com.com/FCC+commissioner+can+break+tie+in+ATT-BellSouth+merg...

* FCC Ignores Ethics to Speed AT&T Merger (Free Press press release):
"Pressing Commissioner McDowell to violate his ethical standards and cast the deciding vote on this mega-merger is a flagrant affront to the public's demand for ethical and impartial policymaking. The case the FCC makes for this excessive move is thin and unpersuasive. The director of the executive branch's Office of Government Ethics indicated he would not authorize Commissioner McDowell's vote. The newest commissioner may still abstain, but clearly the pressure is on for him to vote. The proposed merger of AT&T and BellSouth would constitute the largest merger in the history of U.S. telecommunications and effectively resurrect Ma Bell. This new behemoth would dominate the broadband market and wield immense power over what we see and do online. The public interest demands a reasonable compromise to protect consumers, not an FCC with compromised ethics bending over backward to serve the interests of large corporations. With nothing less than the future of the Internet at stake, the FCC has a responsibility to protect consumers and serve the public interest by placing conditions on this deal. Chairman Martin's strong-arm tactics represent a new low for the FCC."
http://freepress.net/press/release.php?id=189

* AT&T/BellSouth & Cisco: Business Partners in the Marketplace and at the FCC
[SOURCE: Digital Destiny, AUTHOR: Jeff Chester]
[Commentary] The FCC’s General Counsel has quoted from a letter Cisco sent urging the FCC to swiftly act on the AT&T-BellSouth mega broadband merger. But Cisco’s plea is mere special interest lobbying for its “strategic” business partner-AT&T.
http://www.democraticmedia.org/jcblog/?p=140

* McDowell Cleared To Vote on AT&T/BellSouth
http://www.broadcastingcable.com/article/CA6398633.html

* McDowell can vote on AT&T/BellSouth merger
http://www.lasarletter.net/drupal/node/254

REPUBLICANS PUSH FCC ON MERGER VOTE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
On the same day that the FCC's general counsel cleared FCC Commissioner Robert McDowell to vote on the AT&T/BellSouth Merger, a group of 14 Republican Senators urged the Commission to vote on the merger at its Dec. 20 meeting. Pointing to the Justice Department's conclusion two months ago that the merger raised no antitrust flags, and that it has already been approved by "18 state public service commissions and three foreign countries... "Further delay," they argued in a letter to FCC Chairman Kevin Martin, "will only harm consumers as well as employees and shareholders of both companies." Signatories to the letter were Senators Jim DeMint (SC), Kay Bailey Hutchison (TX), Sam Brownback (KS), Pat Roberts (KS), Richard Burr (NC), Lindsey Graham (SC), Trent Lott (MS), David Vitter (LA), John Ensign (NV), John Sununu (NH), Mel Martinez (FL), and Jeff Sessions (AL).
http://www.broadcastingcable.com/article/CA6398635.html?display=Breaking...



Coverage Type 

FCC HACKS AWAY AT VI-CHIP
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The FCC thinks the V-chip isn't much help in preventing kids from seeing programs that may have dicey content. And in a filing to a federal court last week, FCC lawyers say that the Commission itself plays something of an in loco parentis (that's "in the place of a parent" for you fellow French students) role to help parents, even if parents won't help themselves. Broadcasters prefer the ratings system and descriptors -- L, V, etc. -- that can be used in conjunction with the V-chip, and they argue that their system is a less restrictive means of regulating content. “Less restrictive” is the measuring stick the FCC is required to employ when regulating broadcast speech. But if the broadcasters' argument flies, it could undercut the FCC's ability to regulate broadcast content, period. The FCC held its ground last week. It said the V-chip is ineffective and the ratings confusing. Beyond that, it said, the V-chip would not have helped during the programming in question because they were “misrated.” And more broadly, it argued, the chip is insufficiently understood by parents. The FCC said it has “independent and compelling interest in preventing minors from being exposed to indecent broadcasts.” It also maintained last week that it was justified in decreeing cussing on the Billboard Awards telecast indecent. Nothing in broadcasters' arguments since then has swayed it from that opinion, it said, and nothing prevents it from levying hefty fines if it chooses.
http://www.broadcastingcable.com/article/CA6398661.html?display=News


http://www.broadcastingcable.com/article/CA6398661.html?display=News
Coverage Type 

AT&T/BELLSOUTH RESPONDS TO CHALLENGE BASED ON GAO COMPETITION STUDY
[SOURCE: Lasar's Letter on the FCC, AUTHOR: Matthew Lasar]
AT&T and BellSouth have filed statements with the Federal Communications Commission responding to charges that a new report issued by the Government and Accountability Office (GAO) weakens its case for a merger of the two corporations. The challenge comes from the Ad Hoc Telecommunications Users Committee, which filed the GAO survey with the FCC's AT&T/BellSouth proceeding docket on December 1st. "The GAO Study confirms what Ad Hoc and other parties have been reporting to the Commission for the past several years—competitive alternatives to ILEC special access services simply do not exist at the vast majority of commercial locations where enterprise customers require those services," the Ad Hoc statement says. "As a result, the Bell Operating Companies’ ('BOCs') have raised their prices in areas where the FCC has de-regulated pricing." But AT&T/BellSouth's reply to the Ad Hoc filing begs to differ, and gets a little personal too. The December 7th response accuses Ad Hoc of "glib rhetoric," and contends that its filing "bizarrely and incorrectly asserts that the GAO Study confirms its claims, and supports its request that the Commission condition approval of the AT&T/BellSouth merger on the imposition of radical and far-reaching limits on AT&T/BellSouth’s special access services." On the contrary, AT&T/BellSouth attorneys say, the GAO study shows that prices have declined in all markets. "GAO’s only other conclusion was that the Commission needs more and better data to assess competition for special access services —a conclusion with which AT&T agrees," its filing states. Actually, that was not the GAO's only other conclusion. The audit of the FCC's deregulation policies did state that incumbent telephone company list prices have declined, but attributed this to "price decreases due to regulation and contract discounts." "However," the report continues, "in areas where FCC granted full pricing flexibility due to the presumed presence of competitive alternatives, list prices and average revenues tend to be higher than or the same as list prices and average revenues in areas still under some FCC price regulation." The GAO's most prominent finding, summarized in the first sentence of the report, suggests that meaningful competition does not exist in the commercial telecommunications business in the United States. "In the 16 major metropolitan areas we examined, available data suggest that facilities-based competitive alternatives for dedicated access are not widely available," the study discloses. "Data on the presence of competitors in commercial buildings suggest that competitors are serving, on average, less than 6 percent of the buildings with demand for dedicated access in these areas."
http://www.lasarletter.net/drupal/node/255


AT&T/BellSouth responds to challenge based on GAO competition study