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Coverage Type 

NCTA: U-VERSE IS A CABLE SERVICE
[SOURCE: Multichannel News]
National Cable & Telecommunications Association general counsel Neal Goldberg fired back at AT&T’s claims that its U-Verse video offering is not a cable service in a Federal Communications Commission filing Monday. AT&T is currently involved in a court battle over the matter in Connecticut, facing a federal lawsuit, filed July 19 in the U.S. District Court for the District of Connecticut in New Haven by the state's Office of Consumer Counsel and the New England Cable Telecommunications Association, challenging the action of the Department of Public Utility Control, which ruled last month that AT&T does not need a franchise to provide cable service. “In case there were any doubts that AT&T’s video offering is a ‘cable service’ as a matter of law, and that it is virtually identical to the services provided by incumbent operators, as a matter of fact, recent events have put those doubts to rest,” Goldberg wrote. "In its early filings, AT&T also argued that its facilities did not constitute a ‘cable system’ because they met the ‘interactive on-demand’ exception to the definition of ‘cable system,’” he added. “[The] NCTA has demonstrated why that exception does not apply to the programming AT&T says it will carry -- primarily because at least some of the programming will be ‘prescheduled’ by the programming provider and, therefore, its facilities will not be used ‘solely to provide interactive on-demand services."
http://www.multichannel.com/article/CA6358027.html?display=Breaking+News


http://www.multichannel.com/article/CA6358027.html?display=Breaking%20News
Coverage Type 

OLD RULES, NEW ALLIANCES
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
The remarkable saga of the newspaper-broadcast cross-ownership ban -- a rule that was put in place by FCC Chairman Dick Wiley in January 1975. The rule is one of several changes being considered for relaxation by the current FCC, and the foremost advocate for eliminating the rule is none other than Dick Wiley, now an influential telecommunications lobbyist. But the Washington Post plays the central role in Clark's tale. In the 1970s, the Post owned WTOP-TV Channel 9, a CBS affiliate. Its radio station was also called WTOP. It broadcast on both the AM and FM bands. With the Post breaking Watergate stories, the company became a target of then-President Richard Nixon. He threatened the company's broadcast licenses and the Post ended up selling its DC-broadcast outlets. the Post has gotten creative. This year it struck a licensing agreement with Bonneville Communications, which owns the Washington radio station that the Post once had. In a three-way swap, Bonneville moved its flagship news channel WTOP to its best frequency, 103.5 FM, put classical music station WGMS on 104.1 FM, and introduced Washington Post Radio on 1500 AM -- the old WTOP frequency. The new arrangement doesn't violate the cross-ownership ban because Bonneville owns and controls the station, advertisements and content -- even if the vast bulk comes straight from the newspaper's newsroom, say Post attorneys. Supporters of the cross-ownership ban call it the best of both worlds. "You don't need to own the TV and radio station" to exploit synergies, says Andrew Jay Schwartzman, President of the Media Access Project. The Bonneville-Post collaboration means "you have the diversity advantages of different viewpoints." Critics call that hairsplitting. "Do we continue to need unique rules for old media sectors, instead of a general competition policy standard for the entire media industry?" questions Adam Thierer, senior fellow at the Progress and Freedom Foundation. Indeed, the biggest irony of the media ownership debate is the old media's embrace of the new. "They know they cannot make investments in the old sector and are turning their attention to the Internet as a way to diversify their media operations," said Thierer.
http://www.drewclark.com/wiredinwashington/20060731.htm


Old Rules, New Alliances
Coverage Type 

JUSTICE DEPARTMENT CLEARS MCCLATCHY SALE OF BAY AREA NEWSPAPERS
[SOURCE: Associated Press]
The U.S. Justice Department said it had ended an investigation into the 3-month-old deal involving the San Jose Mercury News, Contra Costa Times and The Herald in northern California and the St. Paul Pioneer Press in Minnesota. "After a careful investigation ... the antitrust division determined that the transaction if not likely to reduce competition substantially,'' the Justice Department said in a statement. The Justice Department's blessing came on the same day that MediaNews' financing for the deal was set to expire. MediaNews warned it might incur more than $20 million in additional expenses if its financing package unraveled.
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...


http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=…
Coverage Type 

NAB SEEKS FM TRANSLATOR-GRAB FOR AM STATIONS
[SOURCE: DIYmedia.net 7/28, AUTHOR: John Anderson]
[Commentary] A very intriguing Petition for Rulemaking was recently filed by the National Association of Broadcasters. It asks the FCC to let the owners of AM stations apply for FM translators, so that they may rebroadcast their AM signals to provide better service, especially at night, when many AM stations must operate at reduced power or go off the air completely. NAB believes the FCC needs to give a much-needed "boost" to the lot of these beleaguered stations. The FCC has considered and rejected this very notion twice in the last 25 years, but NAB thinks the third time is the charm because of new sources of interference to the AM band. What new sources? Computers and traffic signals are mentioned, but a footnote otherwise plugging digital radio casually drops the comment that AM broadcasters are "encountering ever more interference problems as a result of an increase in ambient noise." This is the closest NAB will ever come to admitting that "HD" digital radio makes a racket of the AM dial. That's because it takes triple the bandwidth to broadcast a hybrid analog/digital AM signal than it does to broadcast in analog alone. Thus AM stations broadcasting in a hybrid mode have the potential to interfere with three times as many other stations. You can see how this makes a mess as the number of AM stations broadcasting in hybrid mode grows. The more powerful AM stations in the largest markets also happen to be the earliest adopters of digital, so the danger is fairly imminent. The FCC currently prohibits the broadcast of hybrid AM signals at night because of this very problem. When it eventually lifts this prohibition, the static-hash will go national. (The FCC will not consider any changes to digital radio regulations at its August meeting, after pulling a proposal off the July agenda.)
http://diymedia.net/archive/0706.htm#072806


http://diymedia.net/archive/0706.htm#072806
Coverage Type 

TRANSLATOR-TRAFFICKERS MINT ANOTHER MILLION
[SOURCE: DIYmedia.net 7/25, AUTHOR: John Anderson]
[Commentary] Since 2003, the unscrupulous folks at Radio Assist Ministry/Edgewater Broadcasting/World Radio Link have sold hundreds of FM translator station construction permits scarfed up in a questionable fashion to mostly-religious broadcasters looking to establish or extend turnkey radio networks on the cheap. Horizon Christian Fellowship was one of RAM/EB/WRL's biggest early clients. It bought 20 FM translator construction permits along the West Coast from Radio Assist and Edgewater in a series of deals worth $219,000 in early 2004. Horizon has loose ties to the Calvary Chapel fellowship of churches, and many Calvary Chapels are well-known for their abuse of FM spectrum. In January, Horizon bought nine more translator station construction permits in a series of deals involving both Radio Assist Ministry and Edgewater Broadcasting for $52,000. These and other transactions at the time helped RAM/EB/WRL book its first $1 million in translator speculation revenue. A lot's happened since then. In April, the FCC approved Horizon's purchase of 19 more translator station construction permits from Radio Assist Ministry in eight states for $120,764. On June 2, the FCC okayed Horizon's purchase of another 11 translator permits in six states from Edgewater Broadcasting for $81,763. This was followed on June 22 by FCC approval of two more deals: one involving Horizon's purchase of 19 permits in seven states from Radio Assist for $120,764, and one involving Edgewater's sale of a dozen construction permits in nine states for $89,196. On July 14, another double-transaction was waved through. One involved Horizon's purchase of two dozen construction permits in 12 states from Radio Assist for $152,544. The other involved Edgewater selling seven permits in five states to Horizon for $52,031. Finally, on July 18, the FCC waved through another two-fer deal. Radio Assist sold Horizon 15 permits in six states for $95,340; Edgewater sold Horizon 15 permits in 10 states for $111,495.
http://diymedia.net/archive/0706.htm#072506


http://diymedia.net/archive/0706.htm#072506
Coverage Type 

NAB ADVOCACY
[SOURCE: National Association of Broadcasters]
The NAB is encouraging radio and television broadcasters to spread the word about the "community service they provide every day, free-of-charge." Station owners are being asked to use the NAB's Advocacy Guide (http://www.nab.org/publicservice/national_report.asp) as the foundation for an outreach effort to educate elected officials, community organizations, the broadcast audience and others. The guide includes sample letters to members of Congress, talking points for station presentations, scripts for on-air spots and more. The plea ends "Working together, we can continue to demonstrate that broadcast public service is effective because decisions are made at the local level."
http://www.nab.org/MembersOnly/nabsays/Newsletters/tv_today/default.asp
(requires membership)



Coverage Type 

GASPING FOR AIR(WAVES)
[SOURCE: Denver Post, AUTHOR: Kimberly S. Johnson kjohnson@denverpost.com]
When EchoStar Communications Corp. and DirecTV head to a Federal Communications Commission auction Aug. 9, they're not simply bidding on wireless airwaves but for survival in a broadband world. The satellite TV companies have teamed up under the name Wireless DBS LLC to bid on licenses for Advanced Wireless Services spectrum. The FCC auction of 1,122 licenses, each of which covers part of the country, is expected to raise up to $15 billion. Wireless DBS has made the largest upfront payment - about $972 million - of any bidder. Among the more than 160 bidders is SpectrumCo LLC, a partnership between Sprint Nextel and the major cable companies, including Comcast. EchoStar co-founder and chairman Charlie Ergen is "extremely worried about the broadband play," said Carmel Group multichannel TV analyst Jimmy Schaeffler. "Come Aug. 9, they're going to be all over that bidding table. Echo Star and DirecTV have to have a bundle that they control."
http://www.denverpost.com/business/ci_4115185


Gasping for air(waves)
Coverage Type 

SMALL OPS TOLD: HEAD TO DC
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
Small cable operators, facing one of the most “hostile” environments in more than a decade at the Federal Communications Commission, need to get active and plead their case in Washington, lobbyists told a conference of small cable companies Monday. During a panel at The Independent Show here, the American Cable Association and one of its lawyers basically warned its members -- which serve 10 million subscribers -- that there will be no help coming from the FCC on hot-button issues such as retransmission consent and digital-multicast must-carry under the watch of Chairman Kevin Martin. Therefore, it is “paramount” that small cable companies step up their grassroots efforts and “out-local” their broadcast rivals by taking their case directly to their representatives in Washington, according to ACA president Matt Polka.
http://www.multichannel.com/article/CA6358026.html?display=Breaking+News


http://www.multichannel.com/article/CA6358026.html?display=Breaking%20News
Coverage Type 

FEDS APPEAL LOSS IN NSA WIRETAP CASE
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
The Bush administration has asked a federal appeals court to halt a lawsuit alleging AT&T illegally opened its communication networks to surveillance by the National Security Agency. Permitting the lawsuit to proceed would endanger national security and possibly expose classified information, the U.S. Department of Justice said in a legal brief filed on Monday. The brief is a response to a July 20 ruling by U.S. District Judge Vaughn Walker in San Francisco, who surprised lawsuit watchers by saying there are "sufficient" grounds to let the lawsuit continue.
http://news.com.com/Feds+appeal+loss+in+NSA+wiretap+case/2100-1036_3-610...


Feds appeal loss in NSA wiretap case
Coverage Type 

CINGULAR TO RAISE PRICES FOR USERS OF OLDER PHONES
[SOURCE: Reuters]
Cingular Wireless, a venture of AT&T and BellSouth, said on Monday it would start charging customers with older phones an extra $4.99 monthly fee as early as September unless they upgrade their phones as it moves toward using a single network technology. The biggest U.S. wireless service, said the fee would apply to about 4.7 million subscribers, or about 8 percent, of its 57.3 million customer base unless these users upgrade their phones. It is part of Cingular's plan to phase out phones based on older TDMA and analog technology, the technical standard for the first cellphones produced more than 20 years ago.
http://today.reuters.com/news/newsArticle.aspx?type=internetNews&storyID...

* Cingular adds new fee for old handsets
http://www.usatoday.com/printedition/money/20060801/3b_news01.art.htm


Cingular to raise prices for users of older phones