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Benton's Communications-related Headlines For Wednesday June 7, 2006

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NEWS FROM CONGRESS
Senate Won't Quiz Telecoms about NSA Spying
Broadcast Content Gets Hammered on Floor
Google founder Lobbies for Net Neutrality
Markey, Dingell Plan Build-Out Amendment

BROADCASTING & CABLE
Analysts Bullish on Broadcast; Cable Cloudy
NAB Testing New Multicast Legal Theory
NAB to FCC: Investigate Satellite Radio's Free Access Practices
FCC Cites Stations But Renews Licenses
Cox Sermonizes on Franchise Reform

QUICKLY -- AT&T/BellSouth Opponents Talk Litigation; Pennsylvania's
Turn for Reform Bill; Parents and the Web: 'Complete dichotomy'

NEWS FROM CONGRESS

SENATE WON'T QUIZ TELECOMS ABOUT NSA SPYING
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
Sen Arlen Specter (R-PA) said that after discussions with the Bush
administration and Senate Intelligence Committee colleagues who had
been more fully briefed on the National Security Agency program, he
was "prepared to defer on a temporary basis" requiring
representatives from AT&T, Verizon Communications and BellSouth to
testify before the Senate Judiciary Committee, which he leads. He had
promised to organize such a hearing after USA Today reported last
month that the nation's three leading telecom companies had opened up
their lines to the NSA. (Some of those companies have since denied
their participation.) He said Tuesday that the companies voiced
willingness to discuss the topic in a closed session but wouldn't be
able to reveal classified information, a stance he found
"insufficient and unacceptable." Sen Specter said he was willing to
suspend the inquiry largely because Vice President Dick Cheney had
provided assurances that the White House would be more receptive to
pending legislation -- including a proposal chiefly backed by Specter
himself -- that would send the existing NSA program and all future
surveillance plans to a special court for review of their
constitutionality. Sen Sen. Dianne Feinstein -- an Intelligence
Committee member who said she'd been briefed "very thoroughly" on the
program -- said she agreed with Chairman Specter's decision. "I
don't know what would be served by issuing a subpoena here," she
said. "It seems to me that the Intelligence Committee, having
reviewed that program, knows what questions to ask, and they cannot
be asked in open session." She did suggest, however, that the
Intelligence Committee bring in the telecom company representatives
for its own private round of questioning.
http://news.com.com/Senate+wont+quiz+telecoms+about+NSA+spying/2100-1028...
* Senators won't grill phone companies
http://www.usatoday.com/printedition/news/20060607/a_nsa07.art.htm

BROADCAST CONTENT GETS HAMMERED ON FLOOR
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The House began consideration of S.193, the Senate-passed bill upping
FCC indecency fines to $325,000 per violation. There was just 15
minutes of consideration of the bill before a vote was called and the
formality of passage is expected today. Rep Diane Watson (D-CA) rose
in opposition to the bill. She argued that the root cause of indecent
programming is media consolidation and a lack of competition, and
that the solution is less consolidation and more public-interest
requirements for media companies. Taking issue with the business of
broadcasting, she said that a "consolidated media market controlled
by a profit-driven conglomerate is bound to offer cheaply made,
shocking entertainment for the sake of increasing viewership and
making a spectacle of itself." She suggested the FCC consider the
connection between consolidation and content when it starts to review
ownership rules later this month, and put in a plug for reinstituting
the fairness doctrine.
http://www.broadcastingcable.com/article/CA6341598?display=Breaking+News
* House Moves to Boost Indecency Fines
http://www.dailycomet.com/apps/pbcs.dll/article?AID=/20060606/APE/606060727

GOOGLE FOUNDER LOBBIES FOR NET NEUTRALITY
[SOURCE: Reuters, AUTHOR: Joel Rothstein]
Google co-founder and President Sergey Brin met with lawmakers on
Tuesday to press for legislation that would prevent Internet access
providers from charging Web sites more for faster content delivery.
"The only way you can have a fast lane that is useful -- that people
will pay a premium for -- is if there are slow lanes," Brin told
reporters after meeting with Sen John McCain (R-AZ). Brin
acknowledged large companies such as Google would be able to cut
deals with the network owners to get their content through. But he
added that Google searches are only valuable if consumers can then
quickly access the sites listed in the results. "The thesis is that
some content providers will pay for premium service. Why are they
paying? Just because they feel charitable toward the telcos and
ISPs?" Brin asked. "I assume they are paying because otherwise they
would have worse performance, or maybe it won't really work."
http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&story...
* Google Is a Tourist in D.C., Brin Finds
http://www.washingtonpost.com/wp-dyn/content/article/2006/06/06/AR200606...

MARKEY, DINGELL PLAN BUILD-OUT AMENDMENT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Ranking minority members of the House Commerce Committee Ed Markey
(D-MA) and John Dingell (D-MI) have told their colleagues they plan
to introduce an amendment establishing build-out requirements in the
House video franchise reform bill, scheduled for a floor vote this
Friday, June 9. It will be up to the rules committee, however, to
determine what, if any amendments, can be added on the floor. The
committee meets Wednesday, June 7. Reps Diane Watson and Hilda
Solis, both of California, joined in on the letter to their House
colleagues informing them of the amendment to the COPE Act (HR 5252).
http://www.broadcastingcable.com/article/CA6341492?display=Breaking+News

BROADCASTING & CABLE

ANALYSTS BULLISH ON BROADCAST; CABLE CLOUDY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Credit Suisse analysts Tuesday were bullish on the prospects for
broadcast deregulation and media stock performance in general. In a
summary of an investor update on FCC regulations Tuesday, the company
reported that it believed there would be liberalization of FCC
ownership rules. The Wall Street handicapper said that it expected
relief on newspaper/TV crossownership and duopoly restrictions, which
would benefit companies like Tribune. That trend, they said, should
"generally be positive for most media stocks over time." The picture
was not so positive for cable however: "We believe that regulatory
developments over the next two years will be mostly negative for the
cable companies." Concerning telecommunications, Credit Suisse
predicts the FCC will be "generally deregulatory."
http://www.broadcastingcable.com/article/CA6341485?display=Breaking+News

NAB TESTING NEW MULTICAST LEGAL THEORY
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
A federal mandate requiring digital-only broadcasting in 2009 is a
new and important governmental interest that justifies the need to
broaden the digital-TV-carriage obligations of cable operators, the
National Association of Broadcasters argued in a legal analysis
recently submitted to the Federal Communications Commission. The
NAB's reliance on the 2009 "hard date" bringing analog TV to an
abrupt halt represented a novel legal argument in the trade group's
eight-year quest to require cable operators to carry a requesting
digital-TV station's entire signal, whether that's one HD service or
6-12 multicast services. Today, cable is required to carry one
program service of each station that elects mandatory carriage. The
NAB's introduction of the hard date as new and important development
ordered by Congress could give the FCC the necessary legal support to
explain convincingly the need to impose multicast must carry after
refusing twice to do so. "Extending must-carry rules to multicasting
advances both of these clearly established interests [free TV and
access to multiple sources of information], as well as interest in
fair competition in the video-programming market," the NAB said. "In
addition, carriage rights for multistream broadcasting further the
more recent government interest in transitioning from analog to
digital delivery of programming."
http://www.multichannel.com/article/CA6341508.html?display=Breaking+News

NAB TO FCC: INVESTIGATE SATELLITE RADIO'S FREE ACCESS PRACTICES
[SOURCE: National Association of Broadcasters press release]
The National Association of Broadcasters has urged the Federal
Communications Commission to open an investigation examining the
issues raised by free access to satellite radio programming. In a
letter sent Monday to FCC Chairman Kevin Martin, NAB President and
CEO David K. Rehr said the unequal regulatory treatment between free
over-the-air and satellite radio "appears increasingly unjustifiable,
particularly in light of the availability of satellite radio content
to nonsubscribers." Nonsubscribers often receive satellite radio
service free for a number of months after purchasing a new car that
has a satellite radio receiver pre-installed. Other non-subscribers
are often subjected to satellite radio content free when renting a
car through many popular car rental services. Rehr, citing recent
news accounts in The Baltimore Sun and The Boston Globe, also noted
several instances where over-the-air radio listeners were inundated
with "indecent" satellite radio programming caused by interference
from satellite radio devices.
http://www.nab.org/newsroom/pressrel/releases/060606_DKR_Martin_SatRadio...

FCC CITES STATIONS BUT RENEWS LICENSES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The FCC Tuesday proposed $38,000 in fines against stations for
information-reporting violations and, in one case, numerous
violations of kids-TV ad limits. But it renewed their licenses
anyway, concluding the violations were not sufficiently serious to
warrant a license hearing. All the stations had volunteered the
violations as part of their license-renewal applications. The biggest
proposed fine, $18,000, was for commercial overages on WDKA Paducah,
Ky. The FCC limits commercial time in kids TV programs to 10.5
minutes per hour on weekends and 12 minutes per hour on weekdays.
http://www.broadcastingcable.com/article/CA6341591?display=Breaking+News

ESSER SERMONIZES ON FRANCHISE REFORM
[SOURCE: Multichannel News, AUTHOR: Karen Brown]
Cox Communications Inc. president Pat Esser turned his podium into a
pulpit at the Globalcomm telecom convention Tuesday, delivering a
stern sermon-like keynote accusing Bell competitors of trying to gain
a regulatory free pass into video to make up for their own delays in
developing those services.
http://www.multichannel.com/article/CA6341513.html?display=Breaking+News
* Cox president calls for level playing field
http://news.com.com/Cox+president+calls+for+level+playing+field/2100-103...

QUICKLY

AT&T/BELLSOUTH OPPONENTS TALK LITIGATION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Opponents of the proposed merger of AT&T and BellSouth said that if
the FCC does not block or put strong conditions on the deal, "some
parties" will likely sue. In a conference call with reporters
discussing their filings with the FCC in opposition to the merger,
several of the groups argued that, unless the FCC requires AT&T to
spin-off wireless company Cingular after the merger and to divest
itself of wireless spectrum they argue has been warehoused, the "best
case" scenario from the merger would be an "entrenched DSL cable
monopoly for Internet access. That's because they said the merged
company would likely sit on spectrum that could be used for wireless
Internet access in competition to DSL. Merger opponents also
discussed the merger and net neutrality, red-lining and the
reconstruction of the AT&T monopoly.
http://www.broadcastingcable.com/article/CA6341363?display=Breaking+News
See also --
* Telecom companies fight BellSouth merger with AT&T
http://atlanta.bizjournals.com/atlanta/stories/2006/06/05/daily14.html
* Groups Oppose AT&T Deal
http://www.latimes.com/business/printedition/la-fi-phones7jun07,1,254367...

PENNSYLVANIA'S TURN FOR REFORM BILL
[SOURCE: Multichannel News, AUTHOR: Linda Haugsted]
Pennsylvania legislators believe state franchise approval will speed
deployment and lower cable rates, so a bipartisan team is set to
introduce a reform bill. They will introduce a bill that will allow
new competitors to gain statewide franchise approval 15 days after
they file an application with the state Corporation Bureau. Incumbent
operators will be held to their current agreements until their
stipulated expiration date unless a municipality and provider reach a
mutual agreement to let the cable provider out of a current
franchise. New competitors may identify their own intended service
area. The only reference to a build-out in the draft requires new
providers to provide service, without discrimination based on a
consumer's income, in a "reasonable period of time."
http://www.multichannel.com/article/CA6341486.html?display=Breaking+News

PARENTS AND THE WEB: 'COMPETE DICHOTOMY'
[SOURCE: USAToday, AUTHOR: Janet Kornblum]
Most parents love the Internet and want their children to use it. But
a new survey finds that almost as many also fear the online world --
especially social networking sites such as MySpace -- and worry that
their kids will get in trouble with people they meet.
http://www.usatoday.com/printedition/life/20060607/bl_bottomstrip07.art.htm
--------------------------------------------------------------
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 

"The House Republican leadership is starting to hear the message that they really need to give their members an opportunity to cast a vote for network neutrality."
-- Vin Weber, a lobbyist at Clark and Weinstock representing the technology firms.


http://www.benton.org/index.php?q=node/2587
Coverage Type 

HOUSE GOP LEADERS PUSH TELCO VOTE
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
House Republican leaders are pressing forward with the Bell company-led effort to pass telecommunications legislation and have scheduled H.R. 5252 for a vote that likely will take place Friday, said leadership aides. House leadership wants to avoid requiring members to vote on the contentious issue of network neutrality, congressional and industry sources say. Bell companies have been tasked with generating sufficient support against a network neutrality amendment. The bill, which passed the House Energy and Commerce Committee 42-12 on April 26, would ease municipal video franchising rules that have limited the Bell companies' ability to offer nationwide video services. Opposition to the franchising aspect comes from the cable industry and municipalities. H.R. 5252 is the final one scheduled for the week, and comes after a day of uncontroversial items on Tuesday, and two appropriations bills on Wednesday and Thursday. If Bell advocates of the telecom measure are not able to generate support against a neutrality amendment, the measure could slip to next week, said industry sources. But an aide to House Majority Leader John Boehner, R-Ohio, said leaders were going to proceed with an unusual vote outside the chamber's normal work week. "We will have a vote on Friday," said spokesman Kevin Madden.
http://www.njtelecomupdate.com/lenya/telco/live/tb-RUDJ1149532536938.html

* Internet key in telecommunication fight
http://www.mercurynews.com/mld/mercurynews/business/technology/14750683.htm


House GOP Leaders Push Telco Vote
Coverage Type 

SENSENBRENNER TRIES, TRIES AGAIN
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Judiciary Committee Chairman James Sensenbrenner (R-WI) is still trying to get tougher network-neutrality language into the House video franchise bill. According to a top committee staffer, he is still planning to introduce his bill, which passed his own committee 20-13, as an amendment on the House floor when the bill is voted on, which is planned for sometime later this week. Rep Sensenbrenner attempted to assert jurisdiction over the bill, arguing that questions about network control over the Internet raise antitrust concerns that are in his committee's wheelhouse. That effort failed, and his amendment is not likely to survive, either, even if it survives rules committee vetting on germaneness. Now it looks like a vote on the House bill won't happen until late this week, according to a committee minority staffer, with a rules committee meeting Wednesday on what amendments can be offered.
http://www.broadcastingcable.com/article/CA6341156?display=Breaking+News


http://www.broadcastingcable.com/article/CA6341156?display=Breaking%20News
Coverage Type 

FCC CHAIRMAN SOUNDS OFF ON NET NEUTRALITY AND NATIONAL FRANCHISE
[SOURCE: News.com, AUTHOR: Marguerite Reardon]
Speaking with Telecommunications Industry Association President Matthew Flanigan, FCC Chairman Kevin Martin said that enacting new laws protecting Net neutrality would be premature. He said that the commission has already adopted a set of principles, which he feels are sufficient to address the issue. "Consumers need to be able to access content on the Internet unimpeded," he said. "But at the same time, we understand network operators may offer differentiated tiers and differentiated speeds." He added that the Commission hasn't seen any widespread abuse that would justify making new laws. Chairman Martin also talked about changes to the video franchise rules to allow telephone companies to get national franchises instead of negotiating with every local government across the U.S. While Martin said the Commission would support any new laws passed by Congress, he also said that the FCC is investigating whether it needs to add its own rules to current laws, which prohibit local municipalities from unreasonably denying franchise applications. So far, the FCC has found instances where some governments have sat on franchise applications or put onerous conditions on new entrants, he said. While he stopped short of supporting a new national franchise law, Chairman Martin said anything the Commission or the government could do to increase competition for TV service would be welcomed. He noted that while other communications services, such as broadband, cellular and long distance phone services, have dropped in price over the past 10 years, cable rates have actually increased 80 percent. But in areas where an over-builder was present to offer a similar wireline cable service, prices and choice benefited consumers, he said.
http://news.com.com/2061-10785_3-6080314.html?part=rss&tag=6080314&subj=...


http://news.com.com/2061-10785_3-6080314.html?part=rss&tag=6080314&subj=news
Coverage Type 

NET NEUTRALITY: BIG GUNS TRADE FIRE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
On Monday, Microsoft sent a letter to House members advising them to vote for a network neutrality amendment to the national video franchise bill, saying that decision "could dictate whether or not the United States will continue to lead the world in Internet-related technologies, communications, content and services over the next decade." Meanwhile, academics, led by David Farber, former chief technologist at the FCC and dubbed "grandfather" of the Internet by net neutrality opponents, argued that neutrality is not a plus in all cases, citing traffic management, where prioritizing is important: i.e. moving VoIP faster than e-mail, or blocking viruses and spam. They also argued that, if companies can't charge more for security and speed, they might not be able to provide key services that depend on those additional features.
http://www.broadcastingcable.com/article/CA6341184?display=Breaking+News

* Net Hypocrisy
Public Knowledge's Art Brodsky writes, "It is ludicrous for the telephone companies and their congressional allies, principally Republicans, to fight against net neutrality on the basis of the fraudulent don't regulate the Internet' mantra. The industry has the gall to name one of their propaganda sites, www.dontregulate.org, part of the “Hands Off the Internet” family—brought to you by the telephone and cable industries . All of their other arguments hang from this one basic, misapplied concept."
http://www.tompaine.com/articles/2006/06/02/net_hypocrisy.php

* Protection needed for 'Net neutrality
Lincoln (NE) Journal Star says, "Congress should pass legislation that protects network neutrality."
http://www.journalstar.com/articles/2006/06/05/editorial_main/doc448382a...

* Telecom giants threaten Net neutrality
Jacksonville (FL) Business Journal says, "Phone and cable companies have begun to stir. They don't want a marketplace of ideas. They don't want the innovative, idea-rich laboratory of speech, media, religion and thought that we know today. They want money."
http://jacksonville.bizjournals.com/jacksonville/stories/2006/06/05/edit...


http://www.broadcastingcable.com/article/CA6341184?display=Breaking%20News
Coverage Type 

HEY! GUESS WHO HELPS FUND HERITAGE FOUNDATION? AT&T AND VERIZON
[SOURCE: Digital Destiny, AUTHOR: Jeff Chester]
[Commentary] Ready as always to weaken the public interest potential of U.S. communications, James L. Gattuso wrote a anti-network neutrality “Backgrounder” for the Heritage Foundation (released June 2, 2006). Subtitled “Will Congress Neuter the Net?”, the piece is a politically timed missive designed to undermine the growing pressure on Congress to enact network neutrality safeguards. It contains the usual litany of rationalizations and under-developed analysis used by big cable and phone advocates to criticize network neutrality. But notably missing from Mr. Gatttuso’s piece is any admission that two of the Heritage Foundation’s funders just happen to be­yes, AT&T and Verizon. In its 2005 annual report, AT&T is listed as one of the few “premier associates.” Verizon is placed at “executive associates” status. It just so happens, as you know, that AT&T and Verizon are leading the charge against network neutrality (and paying a lot for the work of many opposition groups). Perhaps it was an oversight of Mr. Gattuso. But such financial ties must be identified (he should also have noted that Professor Yoo, whom he frequently cites, undertook a anti-network neutrality study funded by the cable lobby).
http://www.democraticmedia.org/jcblog/


Who Helps Fund Heritage Foundation? AT&T and Verizon
Author 
Coverage Type 

FCC TO STUDY DTV'S ANALOG IMPACT
The Federal Communications Commission is planning to examine the obligations of cable operators to ensure that consumers with analog-TV sets can view digital signals of local TV stations, an agency source said Monday. FCC chairman Kevin Martin is trying to round up support to launch a rulemaking that would establish federal policy well before TV stations must cease analog transmission Feb. 17, 2009, the source said. Chairman Martin is hoping to launch the rulemaking at the FCC’s June 15 public meeting and at the same the commission adopts rules that would allow digital-TV stations to demand cable carriage of every free programming services they transmit. FCC rules currently require carriage of just one signal per TV station. Broadcasters' transition to digital could prove costly to cable operators, depending on the substance of the FCC’s rules.
http://www.multichannel.com/article/CA6341224.html?display=Breaking+News
* FCC's Martin Ready to Rumble
http://www.mediaweek.com/mw/news/networktv/article_display.jsp?vnu_conte...


FCC to Study DTV's Analog Impact
Coverage Type 

MCDOWELL ANNOUNCES STAFF, WILL VOTE ON MEDIA OWNERSHIP
[SOURCE: Federal Communications Commission]
FCC Commissioner Robert M. McDowell announced the hiring of Dana Shaffer, Angela Giancarlo, and Cristina Chou Pauzé as Acting Legal Advisors. Dana Brown Shaffer, Acting Wireline Advisor, joined the FCC as Deputy Bureau Chief of the Wireline Competition Bureau, and served as an interim legal advisor to Commissioner Deborah Taylor Tate. Angela Giancarlo, Acting Wireless Advisor, recently served as Associate Chief for Spectrum Policy in the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau. Cristina Chou Pauzé, Acting Media Advisor, joined the FCC as an Associate Bureau Chief in the Media Bureau. Her prior experience includes positions at Morrison & Foerster's Washington DC office, the National Telecommunications and Information Administration at the U.S. Department of Commerce, and Teleglobe USA Inc. Ms. Pauzé received her JD from Vanderbilt University School of Law and her AB from Duke University. She served as a law clerk to the Honorable John G. Heyburn II of the US District Court for the Western District of Kentucky.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265784A1.doc

* McDowell to Vote on Media Ownership
[SOURCE: TVWeek, AUTHOR: Doug Halonen]
In one of his first official duties, Robert McDowell, the Federal Communications Commission's new Republican commissioner, is planning to vote next week on a controversial proceeding to relax agency media ownership restrictions, Dana Brown Shaffer, his press liaison, said Monday. Ms. Shaffer's remark is important because it represents the first public confirmation that Mr. McDowell plans to serve as the tie-breaking vote on the media ownership issue.
http://www.tvweek.com/news.cms?newsId=10123
(requires free registration)


http://www.tvweek.com/news.cms?newsId=10123
Coverage Type 

GOOD NIGHT AND GOOD LUCK
[SOURCE: Houston Chronicle, AUTHOR: Editorial Staff]
[Commentary] Most Americans who care about things such as energy want to know the facts. A new study suggests that TV news might be the wrong place to look. In the past 10 months, 77 stations foisted off as news at least 36 videos paid for and filmed by corporations. In their own way, these faux news broadcasts are masterful pieces of work. The videos expertly ape the tone, pacing and structure of traditional news. Only near the end, or slipped subtly into the "reporting," does product placement occur -- pushing Cadillacs, prescription-strength drugs or, in one case, ethanol. The 36 VNRs studied represent only 1 percent of those produced nationwide last year. Certainly, TV stations face crushing competitive pressures to program more with smaller staffs. And news businesses, whether print or TV, will always make mistakes. What's so troubling about the VNR plague, though, is the TV industry's indifference to stopping it. The industry itself, not a media watchdog group, should have been the first to report the widespread corruption of the news. It should have already examined, even isolated, stations that were infected. Since that hasn't happened, it is for the FCC to enforce regulations it has too long overlooked. There's nothing wrong with advertising, but viewers need to show they won't put up with false pretenses.
http://www.chron.com/disp/story.mpl/editorial/3926021.html


Good Night and Good Luck