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Coverage Type 

CHAIRMAN MARTIN'S REMARKS AT GEORGETOWN UNIVERSITY
[SOURCE: Federal Communications Commission]
On November 30, FCC Chairman Kevin Martin spoke at the Georgetown University McDonough School of Business/Center for Business and Public Policy. He reiterated his belief that "Market forces and competition are better drivers of innovation and better protectors of consumer interest. Competition - - not regulation - - best leads to better services and lower prices." But he noted that the FCC "should focus on creating a regulatory environment that promotes investment and competition, setting the rules of the road so that players can compete on a level playing field." He concluded: "I believe that the future of telecommunications will be defined by this increasing convergence of multiple platforms. Service providers will continually look for new combinations of services to deliver to consumers. And if we are able to promote competition, it will be consumers who will reap the benefits."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268774A1.doc
http://www.fcc.gov/commissioners/martin/georgetown.ppt


Chairman Martin's Comments at Georgetown University

Benton's Communications-related Headlines For Monday December 4, 2006

For upcoming media policy events, see http://www.benton.org

NEWS FROM THE FCC
FCC Chair Moves to Break AT&T Deadlock
Chairman Martin's Comments at Georgetown University
FCC Ownership Hearing in Nashville

DIGITAL CONTENT
Why Network Neutrality Will Be Law in 2007
Content And Ownership
ITU sees Risks to Privacy, Security Online
New U.S. rules raise retention requirements for e-documents
A Newspaper Chain Sees Its Future, And It's Online and Hyper-Local

ADVERTISING
Pediatricians Call for Less Advertising to Children

NEWS FROM THE FCC

FCC CHAIR MOVES TO BREAK AT&T DEADLOCK
[SOURCE: Associated Press, AUTHOR: Bruce Meyerson]
Declaring an "impasse" on AT&T's proposed=20
acquisition of BellSouth, Federal Communications=20
Chairman Kevin Martin cleared the way Friday for=20
a commissioner who had disqualified himself from=20
the deliberations to break the deadlock. Chairman=20
Martin asked the FCC's general counsel to=20
"consider whether the government's interest would=20
be served" by permitting Commissioner Robert=20
McDowell to vote on the $81.6 billion deal,=20
according to a letter sent to members of the=20
congressional committees that oversee the agency.=20
Commissioner McDowell, one of three Republicans=20
on the five-person commission, had recused=20
himself because he is a former lobbyist for a=20
trade group that opposes the merger. Without=20
McDowell, the vote has been deadlocked at 2-2,=20
with Chairman Martin and another Republican=20
appointee favoring approval of the deal, and the=20
two Democrats demanding the companies offer=20
additional concessions to ensure it doesn't harm=20
consumers. In his letter, Martin wrote, "Despite=20
working for months to reach consensus with my=20
colleagues, three attempts over the past six=20
weeks to have this item considered at an open=20
meeting, and countless hours of internal=20
deliberations, the commission has reached an=20
impasse." Commissioner McDowell issued a short=20
statement saying he looks forward to the general=20
counsel's analysis "regarding my potential=20
participation." Both Democrats harshly criticized=20
the move Friday night. Commissioner Michael Copps=20
said allowing McDowell to vote would be "taking a=20
mulligan" and "starting over with a changed set=20
of players." He said the move would "create more=20
problems than it resolves" and "short circuit=20
discussions, and very likely shortchange=20
consumers." Commissioner Jonathan Adelstein said=20
the decision "appears to be an effort to cut=20
short the dialogue about measures to safeguard=20
choice and competition for consumers and to=20
promote affordable broadband services."
http://www.businessweek.com/ap/financialnews/D8LOK1I80.htm
* Martin Seeks to Unleash McDowell
http://www.multichannel.com/article/CA6396777.html?display=3DBreaking+News

CHAIRMAN MARTIN'S REMARKS AT GEORGETOWN UNIVERSITY
[SOURCE: Federal Communications Commission]
On November 30, FCC Chairman Kevin Martin spoke=20
at the Georgetown University McDonough School of=20
Business/Center for Business and Public Policy.=20
He reiterated his belief that "Market forces and=20
competition are better drivers of innovation and=20
better protectors of consumer=20
interest. Competition - - not regulation - -=20
best leads to better services and lower prices."=20
But he noted that the FCC "should focus on=20
creating a regulatory environment that promotes=20
investment and competition, setting the rules of=20
the road so that players can compete on a level=20
playing field." He concluded: "I believe that the=20
future of telecommunications will be defined by=20
this increasing convergence of multiple=20
platforms. Service providers will continually=20
look for new combinations of services to deliver=20
to consumers. And if we are able to promote=20
competition, it will be consumers who will reap the benefits."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268774A1.doc
http://www.fcc.gov/commissioners/martin/georgetown.ppt

FCC OWNERSHIP HEARING IN NASHVILLE
[SOURCE: Federal Communications Commission]
On Monday, December 11, Nashville Tennessee's=20
Belmont University will host a Federal=20
Communications Commission hearing on media=20
ownership. The purpose of the hearing is to fully=20
involve the public in the process of the 2006=20
Quadrennial Broadcast Media Ownership Review that=20
the Commission is currently conducting. The=20
hearing is open to the public, and seating will=20
be available on a first-come, first-served=20
basis. This hearing is the second in a series of=20
media ownership hearings the Commission intends=20
to hold across the country. There will be two=20
panels, each followed by a period for public=20
comment. The first panel will examine issues=20
affecting the music recording industry. The=20
second panel will provide an overview of the=20
Nashville market and issues affecting=20
broadcasters and independent programmers. The=20
hearing format will enable members of the public=20
to participate via "open microphone."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-268785A1.doc

DIGITAL CONTENT

WHY NETWORK NEUTRALITY WILL BE LAW IN 2007
[SOURCE: Huffington Post, AUTHOR: Jason Pontin, Technology Review]
[Commentary] One of the first technology=20
controversies that the new Democratic Congress=20
will address when it meets in 2007, will be=20
network neutrality. Here's what will happen:=20
legislators will support new regulation.=20
Democrats know network neutrality regulation, far=20
from representing a creeping expansion of=20
government interference, will simply preserve the=20
established openness of the Internet. Indeed, the=20
failure to enact network neutrality regulation=20
would implicitly authorize the service providers=20
to override the separation of the transport and=20
application layers of the Internet. And that=20
would represent the erosion of the authority of=20
the foundational Internet standards that has made=20
the 'Net into the greatest force for economic=20
expansion and human communications in history.=20
Sometime early in the New Year, therefore,=20
Congress will reform the Telecommunications Act=20
of 1996. They will require Internet providers to=20
allow consumers access to any application, content, or service.
http://www.huffingtonpost.com/jason-pontin/why-network-neutrality-wi_b_3...
8.html

CONTENT AND OWNERSHIP
[SOURCE: Broadcasting&Cable, AUTHOR: Craig Kuhl]
By 2009, more than 108 million digital TV=20
subscribers worldwide will be accessing thousands=20
of video-on-demand (VOD) programs and moving=20
massive amounts of content from device to device.=20
That expected explosion of special content=20
delivery holds tremendous upside, and one=20
enormous danger: piracy. Preventing this valuable=20
content from being stolen by consumers or=20
illegally downloaded is now an industry=20
imperative. It's pushing cable operators,=20
broadcasters, movie studios, record companies and=20
their partnering industries -- such as set-top=20
box manufacturers -- to new content-protection=20
heights. Next-generation methodologies and=20
technologies such as the M Card, DCAS=20
(downloadable conditional-access system) and=20
digital watermarking are expected to offer a more=20
effective means of identifying and tracking just=20
who is accessing the content and how it's paid=20
for, all under the conditional-access (CA) umbrella.
http://www.broadcastingcable.com/article/CA6396711.html?display=3DSpecia...
eport

ITU SEES RISKS TO PRIVACY, SECURITY ONLINE
[SOURCE: Reuters]
Computer users who type in the same username and=20
password for multiple sites -- such as online=20
banks, travel agencies and booksellers -- are at=20
serious risk from identity thieves, a United=20
Nations agency said on Sunday. The International=20
Telecommunication Union, a Geneva-based U.N.=20
branch, said businesses and regulators need to=20
find a solution to the spread of personal=20
information on the Internet, possibly by=20
developing more streamlined identification methods.
http://today.reuters.com/News/newsArticle.aspx?type=3DtechnologyNews&sto...
D=3D2006-12-03T003702Z_01_L02108953_RTRUKOC_0_US-INTERNET-IDENTITIES.xml&WT=
modLoc=3DTechNewsHome_C1_%5bFeed%5d-5
See also --
* U.N. Agency Wants to Nourish the Internet, Not Govern It
[SOURCE: New York Times, AUTHOR: Victoria Shannon]
This week in Hong Kong, the International=20
Telecommunication Union, representing 191=20
countries and 650 companies, is putting on the=20
telecommunications industry=92s biggest gathering,=20
called ITU Telecom World, attracting about 70,000=20
people. But some of the conference=92s attention=20
will be focused on the role of the United nations=20
agency itself. Should it concern itself with=20
Internet governance -- a role that its Western=20
members find particularly objectionable -- or=20
should it focus on ground-level issues, like=20
access to telecommunications in developing=20
countries? Hamadoun Tour=E9 of Mali, who was=20
recently elected secretary general of the agency,=20
its highest-ranking official, favors the latter=20
approach. =93I wouldn't want to see the ITU trying=20
to take over Internet governance,=94 he said at his=20
first news conference. But underlying tensions=20
about the direction of the agency, which has its=20
origins in the era of the telegraph, have=20
troubled it since the Internet became such a=20
prominent part of the world=92s telecommunications networks.
http://www.nytimes.com/2006/12/04/technology/04telecom.html
(requires registration)

NEW US RULES RAISE RETENTION REQUIREMENTS FOR E-DOCUMENTS
[SOURCE: Associated Press]
U.S. companies will need to know more about where=20
they store e-mails, instant messages and other=20
electronic documents generated by their employees=20
in the event they are sued because of changes in=20
federal rules that took effect Friday, legal=20
experts say. The changes, approved by the Supreme=20
Court's administrative arm in April after a=20
five-year review, require companies and other=20
parties involved in federal litigation to produce=20
"electronically stored information" as part of=20
discovery, the process by which both sides share=20
evidence before a trial. Federal and state courts=20
have increasingly been requiring the production=20
of such evidence in individual cases. The new=20
rules clarify that the data will be required in=20
federal cases. Under the new rules, an=20
information technology employee who routinely=20
copies over a backup computer tape could be=20
committing "virtual shredding" once a lawsuit has=20
been filed, said Alvin F. Lindsay, a partner in=20
the Miami office of Hogan & Hartson whose legal=20
expertise is in technology and litigation.
http://www.latimes.com/business/printedition/la-fi-email4dec04,1,2614875...
ory?coll=3Dla-headlines-pe-business
(requires registration)

A NEWSPAPER CHAIN SEES ITS FUTURE, AND IT'S ONLINE AND HYPER-LOCAL
[SOURCE: Washington Post, AUTHOR: Frank Ahrens]
Gannett's newspapers are redirecting their=20
newsrooms to focus on the Web first, paper=20
second. Papers are slashing national and foreign=20
coverage and beefing up "hyper-local,"=20
street-by-street news. They are creating=20
reader-searchable databases on traffic flows and=20
school class sizes. Web sites are fed with=20
reader-generated content, such as pictures of=20
their kids with Santa. In short, Gannett -- at=20
its 90 papers, including USA Today -- is trying=20
everything it can think of to create Web sites that will attract more reade=
rs.
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/03/AR200612...
1037.html
(requires registration)

ADVERTISING

PEDIATRICIANS CALL FOR LESS ADVERTISING TO CHILDREN
[SOURCE: USAToday, AUTHOR: Marilyn Elias]
Pediatricians should lobby for a ban or severe=20
curtailment on widespread school-based ads, and=20
Congress should prohibit commercials for =93junk=20
food=94 on TV shows watched mostly by young=20
children, the American Academy of Pediatrics says=20
today. The new policy on advertising to kids was=20
prompted by alarm over rising rates of childhood=20
obesity in an atmosphere where kids increasingly=20
are targeted by marketers, says pediatrician=20
Victor Strasburger, the policy's senior author.=20
Since the pediatricians last weighed in on the=20
issue 11 years ago, ads have cropped up=20
everywhere kids turn: the Internet, cellphones,=20
video games, school campuses and even school=20
buses, Strasburger says. Last year, advertisers=20
spent $1.4 billion per month marketing to=20
children =97 15% more than in 2004, according to=20
James McNeal, a children's marketing expert and=20
author of The Kids Market: Myths and Realities.=20
An Institute of Medicine report last year found=20
evidence that food and beverage marketing to=20
children 12 and under leads them to ask for and=20
eat and drink non-nutritious products that are=20
high in calories. The new policy calls for=20
Congress and the Federal Communications=20
Commission to limit commercials on children's TV=20
to five to six minutes an hour, a 50% cut from=20
what's now allowed. The pediatrics group also=20
called on makers of Viagra and similar drugs to=20
run commercials only on shows that air after 10=20
p.m. These ads =93make sexual activity seem like a=20
recreational sport,=94 while birth control=20
commercials that could cut teen pregnancy rates=20
are rarely aired, the policy says.
http://www.usatoday.com/printedition/life/20061204/bl_bottomstrip_pedes0...
rt.htm
--------------------------------------------------------------
Communications-related Headlines is a free online=20
news summary service provided by the Benton=20
Foundation (www.benton.org). Posted Monday=20
through Friday, this service provides updates on=20
important industry developments, policy issues,=20
and other related news events. While the=20
summaries are factually accurate, their often=20
informal tone does not always represent the tone=20
of the original articles. Headlines are compiled=20
by Kevin Taglang headlines( at )benton.org -- we welcome your comments.
--------------------------------------------------------------

Coverage Type 

SPECTOR: WHITE HOUSE WILL DEFY DEMOCRATS ON SECURITY
[SOURCE: Reuters, AUTHOR: David Morgan]
The Bush administration is unlikely to allow the incoming Democratic majority in Congress to learn details about its domestic spying program and interrogation policy, Senate Judiciary Committee Chairman Arlen Specter (R-PA) said Thursday. He added he would welcome detailed congressional oversight of the National Security Agency's warrantless eavesdropping: "We have to really get into the details as to what the program is, as to how many people they are tapping, what they're finding out." Sen Specter and other critics say the program has violated U.S. laws, including the Foreign Intelligence Surveillance Act of 1978, which requires warrants for all intelligence surveillance.
http://today.reuters.com/News/newsArticle.aspx?type=politicsNews&storyID...



Coverage Type 

RAIDING YOUR INBOX
[SOURCE: Los Angeles Times, AUTHOR: Editorial Staff]
[Commentary] In the latest illustration of the Bush administration's disregard for your privacy, the Justice Department is trying to convince a panel of federal judges that the FBI should be free to read your e-mail without obtaining a warrant. It's not all your e-mail -- only messages left on a Web-based system such as Hotmail or on your Internet service provider's computers. A 1986 law forbids the interception and disclosure of e-mail and other online transmissions without a warrant. But there is an exception. If the messages are more than 180 days old, they can be obtained merely with a subpoena or a court order, which investigators can obtain more easily than a warrant. The U.S. 6th Circuit Court of Appeals should rein in the feds and strike down the provisions of the law that are out of sync with the technological realities of the broadband era -- and the privacy expectations of Americans.
http://www.latimes.com/news/printedition/asection/la-ed-email01dec01,1,5...
(requires registration)


Raiding your Inbox
Coverage Type 

AS EPA LIBRARIES GO DIGITAL, PUBLIC ACCESS SUFFERS
[SOURCE: The Christian Science Monitor, AUTHOR: Mark Clayton]
For a new Democratic Congress facing big environmental issues from global warming to dwindling fisheries, the first step may be keeping the nation's top environmental libraries from closing - and saving their myriad tomes from ending up as recycled cardboard. To meet a proposed 2007 budget cut, the Environmental Protection Agency has in recent months shuttered regional branches in Chicago, Dallas, and Kansas City, Mo., serving 15 states, and has cut hours and restricted access to four other regional libraries, affecting 16 states. Two additional libraries in the EPA's Washington headquarters closed in October. Until these closures, the EPA had 26 libraries, brimming with a trove of environmental science in 500,000 books, 25,000 maps, thousands of studies and decades of research - much of it irreplaceable, experts say. EPA officials say the closures are part of a plan "to modernize and improve" services while trimming $2 million from its budget. Under the plan, "unique" library documents would be "digitized" as part of a shift to online retrieval. But while electronic databases are easy to access, they could end up being more costly to use - and thousands of those "unique" paper documents may now sit for years in repositories waiting for the funding needed to "digitize" them, critics say. Meanwhile, the closings are proceeding so quickly that key materials are likely to be lost or inaccessible for a long time, EPA librarians say.
http://www.csmonitor.com/2006/1201/p02s02-uspo.html


As EPA libraries go digital, public access suffers
Coverage Type 

MORE MONEY URGED FOR EMERGENCY COMMUNICATIONS
[SOURCE: Reuters]
More money and modern technology is needed to help police, fire and other first responders better communicate when responding to terrorist attacks and natural disasters, two former U.S. government officials said on Thursday. Already $1 billion in federal money has been set aside in the coming years to help communities develop interoperable systems to ensure their radios can communicate with each other during crises. Some say much more is needed. "However, $1 billion will not be sufficient to deploy advanced networks nationwide," said Michael Gallagher and Larry Irving, the former heads of the Commerce Department's National Telecommunications and Information Administration. Irving held the job during the Clinton administration and Gallagher resigned from the post earlier this year. "Congress must continue to address the funding needs of first responders and take action to ensure that future funds are available to complete the task," they said in a joint white paper. Money needs "to be spent better and smarter," Gallagher said. He argued that authorities should be buying 21st century technology, including digital radios, and use high-speed Internet technologies. They also urged the Department of Homeland Security to set benchmarks as part of a national plan for achieving interoperability, such as covering half the U.S. population within five years and rest within 10 years.
http://today.reuters.com/News/newsArticle.aspx?type=domesticNews&storyID...



Coverage Type 

FCC HOPES TO SPEED PHONE COMPANIES' ENTRY INTO TV
[SOURCE: USAToday, AUTHOR: Leslie Cauley]
Trying to spur competition and beat back cable TV prices, Federal Communications Commission Chairman Kevin Martin has proposed rules to make it easier for phone companies and others to jump into the video business. The proposed order aims to streamline the video franchise approval process, FCC officials said. They declined to be named because the order has not been formally adopted. The other four FCC commissioners are reviewing it. Chairman Martin is using the FCC's upcoming annual report on cable TV prices as ammunition. FCC officials say the report shows that satellite TV and cable TV operators have settled into a cozy duopoly, keeping prices in a steady, upward climb. It shows the average price of cable TV in 2005 was $43.33 a month. Where satellite TV also was available, the average was $43.34. But in markets with another “wired” video provider, the price was dramatically less: $35.94. The upshot: Absent credible land-based rivals, cable TV prices will keep going up.
http://www.usatoday.com/printedition/money/20061201/1b_fcc_martin01.art.htm


FCC hopes to speed phone companies' entry into TV
Coverage Type 

GROUPS URGE COURTS TO LIMIT FCC'S AUTHORITY TO REGULATE SPEECH
[SOURCE: Center for Democracy & Technology]
As communications technologies converge, courts must rein in the Federal Communications Commission's continued efforts to expand its authority to regulate speech over broadcast media. That is the key message of two friend-of-the-court briefs CDT filed this week in conjunction with Adam Thierer of the Progress and Freedom Foundation (PFF) in the U.S. Courts of Appeals for the 2nd and 3rd Circuits. As an organization focused on the Internet and emerging digital technology, CDT has not typically involved itself in the broadcast indecency debate. But the FCC's increased indecency enforcement is likely in this age of convergence to threaten the underlying freedom of other digital communications. November 30, 2006

Press Release: http://www.cdt.org/press/20061130fcclimits.php

2nd Circuit Brief: http://www.cdt.org/speech/20061129circuit2.pdf

3rd Circuit Brief: http://www.cdt.org/speech/20061129circuit3.pdf

* In a related article...
Unions back networks' suit over indecency rules
[SOURCE: Los Angeles Times, AUTHOR: Jim Puzzanghera]
http://www.latimes.com/business/printedition/la-fi-briefs1.1dec01,1,2773...
(requires registration)


Groups Urge Courts To Limit FCC's Authority to Regulate Speech
Coverage Type 

COULD TONY ON A&E BRING RESTRICTIONS TO CABLE?
[SOURCE: USAToday, AUTHOR: David Lieberman]
When HBO introduced The Sopranos in 1999, critics applauded the smartly crafted stories about a modern-day crime family. They saw the obscenities, sex, nudity and violence as part of what made it so realistic. But it's unclear how audiences will react beginning Jan. 10 when a version of the series moves from the 30 million homes paying a premium to get HBO to the 90 million that get A&E Network in their basic cable TV package. Some of the more graphic elements have been edited out, but it may still cause a stir. That's because an army of fed-up parents and lawmakers already are making an issue of what they see as the spread of child-unfriendly programming on basic cable that has followed the success of taboo-breaking basic cable shows including FX's The Shield, Rescue Me and Nip/Tuck, Comedy Central's South Park and MTV's annual Spring Break. “There are cable network programmers whose clear and sole objective is to break any boundary without regard for what the consequences are for society,” says Parents Television Council Executive Director Tim Winter. Some shows, he says, have glamorized rape, pedophilia, incest, racism and misogyny. The risk cable now faces is that if edgy shows such as The Sopranos lead many more people to conclude that Winter is right, that could result in government restrictions for these basic networks, which now largely regulate themselves. Although such a change would raise free-speech questions, critics say that the fact that 86% of all homes get TV via cable or satellite services makes basic cable and broadcast programming virtually indistinguishable. About 60% of adults endorsed programming standards for basic cable in a recent Pew Research Center survey.
http://www.usatoday.com/printedition/money/20061201/sleazecov.art.htm

* How broadcast rules differ from cable
http://www.usatoday.com/printedition/money/20061201/sleazebox.art.htm


Could Tony on A&E bring restrictions to cable?
Coverage Type 

NTIA RETAINS OVERSIGHT OF .COM DOMAIN
[SOURCE: National Telecommunications and Information Administration]
The Department of Commerce’s National Telecommunications and Information Administration (NTIA) approved a new .com domain name registry agreement between the Internet Corporation for Assigned Names and Numbers (ICANN) and VeriSign Inc. The new agreement allows VeriSign to operate the .com domain through 2012. The agreement was negotiated between ICANN, which manages the technical functions relating to the Internet domain name and addressing system, and VeriSign, which operates the .com registry, as part of a settlement of litigation over terms of the existing contract, and submitted to the Department for approval. The Department retains its right to review the .com domain name registry agreement as part of the continuing transition of the Internet domain name and addressing system to the private-sector. As a condition of approval, the Department negotiated an amendment to its existing Cooperative Agreement with VeriSign to address the competition and Internet security and stability issues identified during the review process. Under this amendment, the Department retains oversight over any changes to the pricing provisions of, or renewals of, the new .com registry agreement. Department approval of any renewal will occur only if it concludes that the approval will serve the public interest in the continued security and stability of the Internet domain name system and the operation of the .com registry, and the provision of registry services at reasonable prices, terms and conditions.
http://www.ntia.doc.gov/ntiahome/press/2006/icanncom_113006.htm

* For details see http://www.ntia.doc.gov/ntiahome/domainname/agreements/amend30_11292006.pdf

* For a fact sheet see http://www.ntia.doc.gov/ntiahome/press/2006/icanncom_fact_113006.htm

* Commerce OKs VeriSign '.com' contract
http://hosted.ap.org/dynamic/stories/C/COMMERCE_VERISIGN?SITE=MSJAD&SECT...


NTIA Retains Oversight of .Com Domain