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Benton's Communications-related Headlines For Friday May 5, 2006

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VIDEO FRANCHISE DEBATE UPDATE
Verizon: Net Neutrality Concerns are 'Hypothetical'
Don't Look for Price Wars, Says NCTA
Civil Rights On Demand
The Fight Over Your TV Set=09
AT&T Files Four More Lawsuits

BROADCASTING/CABLE
NTIA has No Plans to Conduct Minority Broadcast Ownership Study
TV Clutter Continues to Worry Advertisers
Report: DVR Ad Skipping Could Be Costly

QUICKLY -- Signing the Constitution Away;=20
Smithsonian TV Contract Spurs Panel To Cut Funds;=20
Philadelphia Wi-Fi Moves Closer; Rice says free=20
countries must influence others to remove press restrictions

VIDEO FRANCHISE DEBATE UPDATE

VERIZON: NET NEUTRALITY CONCERNS ARE 'HYPOTHETICAL'
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
Verizon Communications on Thursday dismissed=20
concerns about Net neutrality as "hypothetical=20
problems" and suggested that new laws mandating=20
the concept were premature. C. Lincoln "Link"=20
Hoewing, an assistant vice president at Verizon=20
Communications, said that the ability to charge=20
for services such as high-quality video is=20
crucial to being able to afford the=20
multibillion-dollar price tag of upgrading its=20
network-to-fiber links. "We could put other=20
services on those pipes--it's got a lot more=20
capacity to do this," Hoewing told the Computers,=20
Freedom and Privacy conference here. That would=20
help "to make it more viable economically and=20
financially and to help us compete." Calling=20
concerns about Net-favoritism entirely=20
hypothetical, Hoewing said: "I'm getting tired of=20
it...We've never done anything that I know to=20
interfere with anyone's traffic." Hoewing said=20
that Verizon is able to slice up bandwidth on its=20
high-speed Fios service based on different lasers=20
and different frequencies. But he declined to say=20
what services might be offered. "I can't give you=20
a portfolio of services that I can lay out that=20
are coming out of the broadband networks that we're deploying," Hoewing sai=
d.
http://news.com.com/Verizon+Net+neutrality+concerns+are+hypothetical/210...
028_3-6068848.html?tag=3Dnefd.top

DON'T LOOK FOR PRICE WARS, SAYS NCTA
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Telephone companies have been saturating=20
consumers with ads about high cable prices. But=20
the National Cable & Telecommunications=20
Association is asking the FCC not to put too much=20
stock in the telco argument that fast-tracking=20
their video services would lead to price=20
competition with cable. In a letter to the FCC,=20
the NCTA highlights comments attributed to AT&T=20
executives that their IPTV video service would be=20
about the same price, and perhaps slightly=20
higher, than cable. Congress, the Administration,=20
and the FCC have all pointed to price and service=20
competition, as well as the roll-out of=20
high-speed Internet, as government interests in=20
streamlining the franchising process and=20
advancing the roll-out of broadband. NCTA wants=20
to streamling the process, too, but it argues=20
that telcos should not be given a competitive advantage.
http://www.broadcastingcable.com/article/CA6331755?display=3DBreaking+News
See also --
* Telco/Cable TV lobbying Blitz Costing Nearly $1 Mil Per Week in DC Market
http://www.democraticmedia.org/jcblog/?p=3D37

CIVIL RIGHTS ON DEMAND
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
After talks with a group identified as "35 civil=20
rights leaders," Verizon says it will add a=20
"community studio" feature to its FiOS video=20
service. The studio will consist of a library of=20
on-demand public interest and civil rights=20
content. That will be in addition to the public,=20
educational and government channels FiOS already=20
provides per its franchise agreements with local=20
communities. Among the groups that will get to=20
put content on the channel are the Leadership=20
Conference on Civil Rights, the National Hispanic=20
Media Coalition, American Association for People=20
with Disabilities, Black Leadership Forum, and=20
U.S. Distance Learning Association.
http://www.broadcastingcable.com/article/CA6331808?display=3DBreaking+News

THE FIGHT OVER YOUR TV SET
[SOURCE: San Francisco Chronicle, AUTHOR: Editorial Staff]
[Commentary] An editorial in favor of California=20
video franchising legislation. The measure would=20
give phone giants such as AT&T and Verizon=20
permission to use their wires statewide to offer=20
video alongside cable firms, who now control the=20
market. The Chronicle paints a picture of two=20
goliaths -- cable and telephone companies --=20
fighting. There's some caution about 1) cities=20
losing the franchise fees they negotiated and=20
other features such as local programming or=20
construction schedules and 2) red-lining poor=20
areas by concentrating service in wealthier=20
areas. But the Chronicle concludes: "What's=20
significant is the competition that a=20
cable-versus-phone rivalry can mean to this=20
household expense. Consumers have watched as the=20
merger and technology game played out, and now=20
it's time to collect the benefits."
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2006...
/04/EDGDOIJH0D1.DTL

AT&T FILES MORE LAWSUITS
[SOURCE: Multichannel News, AUTHOR: Linda Haugsted]
Ten Illinois communities have delayed plant=20
improvements AT&T needs to make to launch the=20
telephone company's video service. AT&T has now=20
sued 7 of them and the other expect legal action=20
soon. The telephone company is taking a hard line=20
against communities that approve moratoria on=20
siting permits. City regulators say they need=20
time to figure out how to safely site the large=20
control boxes -- called 52Bs in the telco's=20
shorthand -- in the public rights-of-way. AT&T=20
said in the lawsuits that any conditions on the=20
siting permits, such as language indicating that=20
a cable franchise may be needed at a later time,=20
are improper, unlawful and unenforceable under=20
state and federal law. See ya in court.
http://www.multichannel.com/article/CA6331622.html?display=3DBreaking+News

BROADCASTING/CABLE

NTIA HAS NO PLANS TO CONDUCT MINORITY BROADCAST OWNERSHIP STUDY
[SOURCE: National Association of Hispanic Journalists press release ]
The National Telecommunications and Information=20
Agency has no plans to conduct a study on the=20
current state of minority broadcast ownership in=20
the United States. The National Association of=20
Hispanic Journalists (NAHJ) sent a letter to U.S.=20
Commerce Secretary Carlos Gutierrez April 3=20
calling on the department to conduct a minority=20
ownership study. The NTIA, which is an agency=20
within the U.S. Commerce Department, has=20
conducted several studies monitoring trends=20
affecting minority owners. The last report was=20
released at the end of the Clinton=20
Administration. Responding on behalf of Sec.=20
Gutierrez, NTIA=92s John M.R. Kneuer informed NAHJ=20
President Veronica Villafa=F1e that his agency had=20
no present plans to conduct a minority ownership=20
study, but that the Administration shared the=20
association=92s concern that =93American media=20
reflect the diversity of the nation=92s people.=94=20
The last report the NTIA published was in=20
December 2000. It found that people of color only=20
made up 3.8 percent of all broadcast station=20
owners and that media consolidation posed a=20
serious threat to the future of minority=20
ownership. NAHJ believes it is critical for the=20
FCC and the public to understand the impact of=20
regulatory action on minority owners. The=20
association is concerned that any action to=20
further deregulate the nation=92s broadcast=20
ownership regulations will reduce the number of=20
minority owners and diverse news coverage, thus stifling diversity.
http://www.nahj.org/nahjnews/articles/2006/april/ntiaresponse.shtml
Read NAHJ's Letter to Sec. Gutierrez:=20
http://www.nahj.org/nahjnews/articles/2006/april/gutierrezletter.shtml
Read Response Letter from NTIA:=20
http://www.nahj.org/nahjnews/articles/2006/april/NTIAResponseLetter.pdf
NTIA's Dec. 2000 study on challenges to minority=20
ownership: http://search.ntia.doc.gov/pdf/mtdpreportv2.pdf
FCC study on barriers to minority ownership:=20
http://www.fcc.gov/opportunity/meb_study/historical_study.pdf
* NTIA Has No Plans To Study Minority Ownership
http://www.broadcastingcable.com/article/CA6331818?display=3DBreaking+News

TV CLUTTER CONTINUES TO WORRY ADVERTISERS
[SOURCE: AdAge, AUTHOR: Willow Duttge]
It's upfront time and marketers' fears about=20
advertising on TV might be coming to fruition.=20
Clutter continues to remain high during=20
prime-time network programming and increased by=20
5% on cable overall, according to MindShare's=20
2005 Clutter Watch survey. For the first time=20
since Mindshare began tracking in 2000, cable ran=20
more clutter than broadcast networks. Among the=20
broadcast networks, ABC gets the prize for the=20
most non-program minutes (a category that=20
includes network commercials, local commercials,=20
PSAs and promos) -- 15 minutes and 26 seconds per=20
hour. However, Fox beat out ABC when it came to=20
total commercial minutes. Fox had 11 more seconds=20
of commercials than ABC, at 12 minutes 55=20
seconds. UPN has the least clutter, but not by=20
much. UPN's total non-program time was still up=20
to 14 minutes and 26 seconds and total commercial=20
minutes were nearly 12 minutes. MTV was the cable=20
clutter leader, with more than 16 minutes of=20
non-program material. But close behind with more=20
than 15 minutes of non-program material were=20
Discovery, Lifetime, USA and Spike. ESPN had the=20
least non-program minutes, while TNT had the=20
least minutes of commercials. Even though TV is=20
less cluttered than print and online, viewers=20
believe TV has too much advertising, according to MindShare's research.
http://www.adage.com/mediaworks/article?article_id=3D108995
* More Clutter on Broadcast, Cable
http://www.tvweek.com/news.cms?newsId=3D9921

REPORT: DVR AD SKIPPING COULD BE COSTLY
[SOURCE: Multichannel News, AUTHOR: Karen Brown]
JupiterResearch says that consumers are losing=20
valuable information about available goods and=20
services when they erroneously skip=20
advertisements using digital video recorders. No,=20
actually, the company estimates that 53% of=20
digital-video-recorder subscribers are zipping=20
through ads, and if that holds true, as much as=20
$8 billion in cable- and broadcast-TV advertising=20
revenue could be at risk. The report also noted=20
that DVR viewers who skip ads watch an average of=20
18 hours of television weekly -- not much more=20
than the average 17 hours watched by viewers in=20
non-DVR households. In response, television=20
networks and advertisers need to rethink their=20
strategies -- and that includes dropping the idea=20
of charging DVR customers for primetime reruns.
http://www.multichannel.com/article/CA6331601.html?display=3DBreaking+News

QUICKLY

SIGNING AWAY THE CONSTITUTION
[SOURCE: Center for American Progress, AUTHOR: Eric Alterman]
[Commentary] Last Sunday, the Boston Globe=92s=20
Charlie Savage broke a story that, "President=20
Bush has quietly claimed the authority to disobey=20
more than 750 laws enacted since he took office,=20
asserting that he has the power to set aside any=20
statute passed by Congress when it conflicts with=20
his interpretation of the Constitution."=20
Amazingly, most of the mainstream media does not=20
appear to think this is much of a story. If a=20
tree falls on the front page of the Boston Globe=20
and is heard only in the blogosophere, does that=20
mean it hasn't really fallen? In other words,=20
will the Bush administration=92s lawlessness=20
continue unabated without even exciting any=20
interest on the part of the mainstream media?=20
Just how much contempt for Congress and the Constitution is too much?
http://www.americanprogress.org/site/pp.asp?c=3DbiJRJ8OVF&b=3D1624525

SMITHSONIAN TV CONTRACT SPURS PANEL TO CUT FUNDS
[SOURCE: Washington Post, AUTHOR: Jacqueline Trescott]
The secrecy around the production contract=20
between the Smithsonian Institution and=20
CBS/Showtime Networks prompted lawmakers=20
yesterday to cut $5.3 million from the museum's=20
proposed budget. The House subcommittee that=20
oversees the federal contribution to the=20
Smithsonian's budget (that's not the official=20
title) included language in the appropriation=20
bill that forbids the Smithsonian to enter any=20
new contract that would "limit access by the=20
public to the Smithsonian collection." "This=20
exclusive arrangement is inconsistent with a=20
public institution that is largely financed by=20
the American taxpayer, and it was done without=20
any consultation with this committee," said=20
subcommittee Chairman Charles Taylor (R-NC). Rep.=20
David R. Obey (D-WI), the ranking minority member=20
of the full House Appropriations Committee, said=20
the Showtime controversy is another sign of=20
missteps by Smithsonian Secretary Lawrence Small.=20
"I found him through the years to be as crassly=20
commercial as anybody in town," Obey said. "No=20
matter what Mr. Small is paid, and he is paid an=20
exorbitant rate for someone running a public=20
institution, he does not have the right to=20
virtually sell the Smithsonian collections."=20
According to the Smithsonian's 2003 tax return,=20
the latest one available to the public, Small=20
earned $813,000, including a housing allowance.
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/04/AR200605...
2097.html
(requires registration)

PHILADELPHIA WI-FI MOVES CLOSER
[SOURCE: Associated Press]
Philadelphia's wireless Internet initiative=20
cleared a critical hurdle on Wednesday, putting=20
the city on track to become the first major=20
metropolitan area with municipal broadband. But=20
full deployment could be delayed a few months=20
until the third quarter of 2007. The project got=20
the green light from the city's technology and=20
information services and public property and=20
public works committees and is now headed for a=20
vote before City Council. The Council is expected=20
to approve the Wi-Fi initiative as early as next=20
week. Under a 10-year contract, EarthLink Inc.=20
will build, operate and maintain a wireless=20
Internet network over Philadelphia's 135 square=20
miles. Full deployment was initially expected=20
next spring, but the project spent two months in=20
committee, which wrangled over issues such as the=20
participation of women and minority businesses.=20
The committees added amendments that gave City=20
Council members more oversight over Wireless=20
Philadelphia, a nonprofit chartered by the city=20
to oversee the Wi-Fi project. Wireless=20
Philadelphia entered into a contract with=20
Atlanta-based EarthLink to provide the high-speed=20
Internet service. Changes include appointing a=20
diversity oversight committee that would make=20
sure Motorola Inc., which EarthLink hired to=20
build the network, will give at least one-fourth=20
of the business to women, minority and disabled=20
business owners. Wireless Philadelphia also has=20
to meet regularly with an advisory group that=20
will be made up of members appointed by the City=20
Council, the mayor and other officials.
http://abclocal.go.com/wpvi/story?section=3Dsci_tech&id=3D4141478

RICE SAYS FREE COUNTRIES MUST INFLUENCE OTHERS TO REMOVE PRESS RESTRICTIONS
[SOURCE: Canadian Press 5/3, AUTHOR: William C. Mann]
Secretary of State Condoleezza Rice said=20
Wednesday that free countries must try to=20
influence governments who restrict press freedom=20
and named five countries that she said do that,=20
including Russia and China. In a statement=20
marking World Press Freedom Day, Rice said=20
actions against the journalists include physical=20
mistreatment as well as reinforced libel laws,=20
media ownership in the hands of too few people,=20
Internet restrictions and dwindling press=20
outlets. (Wow, can we apply those standards here in the US, too?)
http://www.canada.com/topics/news/world/story.html?id=3D88371d5f-f753-4d...
8233-a43e26676584&k=3D82638
--------------------------------------------------------------
...and we're outta here. Have a great weekend=20
and, if you have any extra first basemen, the=20
Cubs could really use one for the next two months!
--------------------------------------------------------------
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.
--------------------------------------------------------------

The will meet telephonically in a special public session Monday, May 8, 2006, at 11:00 am to discuss and vote on proposed amendments to Sections 2.03 and 5.01 of the CPB By-Laws specifying the process for assigning additional duties to the board chair and the process for the board and corporate officers to execute contracts. Also on the agenda is a discussion of meeting dates.

The public may attend and observe this meeting in the Blair-Killian Board Room of the Corporation for Public Broadcasting.

http://www.cpb.org/pressroom/release.php?prn=545

Postponed until June 20

Markup: S. 2686, the Communications, Consumers' Choice, and Broadband Deployment Act of 2006
Thursday, June 8 2006 - 10:00 AM - H-216
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1874

Thursday, May 25 2006 - 10:00 AM - D-106
Second of two hearings to review S. 2686, the Communications, Consumers' Choice, and Broadband Deployment Act of 2006. Witnesses will be announced when available.
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1873

Thursday, May 18 2006 - 10:00 AM - H-216
First of two hearings to review S. 2686, the Communications, Consumers' Choice, and Broadband Deployment Act of 2006. Witnesses will be announced when available.
http://commerce.senate.gov/hearings/witnesslist.cfm?id=1872

Coverage Type 

STEVENS FRUSTRATED BY HOLD ON FCC NOMINEE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Commerce Committee Chairman Ted Stevens (R-Alaska) is getting frustrated with the hold on the nomination of Robert McDowell to the open commissioner seat on the FCC. Sen Stevens, who backed McDowell for the appointment, said yesterday that he would like to talk with Senator Jay Rockefeller (D-WV) about the hold. That will likely have to wait until Sen Rockefeller recovers from recent surgery, however. Rockefeller's office has never confirmed or denied the hold. Sen Rockefeller wants the administration to provide clarification and written confirmation that a problem with the Universal Service Fund, which underwrites high-speed Internet service to schools and libraries is fixed. The problem, to make a very long story short, is new accounting rules introduced to insure the government appropriates the money for a program before it spends it. Those rules had an adverse impact on the distribution of funds to schools, libraries, and rural telcos when the FCC, under the direction of the Office of Management and Budget, began applying them to the USF. According to a source, Rockefeller's office has gotten assurances from the administration that it will fix the problem, but the Senator wants it in writing. Presumably when and if that happens, the hold, will be lifted and McDowell's nomination can be voted on and the FCC can begin to take up some key issues, like its rewrite of the media ownership rules.
http://www.broadcastingcable.com/article/CA6331079?display=Breaking+News


http://www.broadcastingcable.com/article/CA6331079?display=Breaking%20News
Coverage Type 

TWO-DOZEN FCC ACTIONS IN STEVENS BILL
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
Senate Commerce Committee chairman Ted Stevens (R-Alaska) would turn the Federal Communications Commission into a beehive of activity under his 135-page telecommunications bill introduced Monday in a bold step partly designed to reorder competition in the pay TV market. Many, but not all, provisions in the Stevens bill (S. 2686) would require implementation by the FCC under chairman Kevin Martin. As FCC observers and practitioners know well, the agency’s rulings often wind up in court, giving the last word on the meaning of federal legislation to judges in courtrooms across the country. Among other things, the Stevens bill would require local governments to grant new cable franchises within 30 days, subsidize broadband providers in rural America for the first time and force small cable operators to offer local digital-TV signals in analog until Feb. 14, 2014. According to the Stevens bill, two-dozen provisions will require FCC rulemakings, proceedings and adjudications, giving the Martin-led agency enormous power to fill in gaps left by Capitol Hill lawmakers, often deliberately. As the saying goes, Congress paves the road, but the FCC paints the lines.
http://www.multichannel.com/article/CA6331545.html?display=Breaking+News


http://www.multichannel.com/article/CA6331545.html?display=Breaking%20News
Coverage Type 

THE WRONG WAY TO FURTHER THE SPREAD OF BROADBAND INTERNET
[SOURCE: CNet|News.com, AUTHOR: Rep Zoe Lofgren (D-CA)]
[Commentary] The Internet is the most important new communications platform in American history. Through an open Internet, ordinary individuals can directly reach an audience of hundreds of millions of people around the world with their words, music, art, photography and literature--with just about any kind of creation imaginable. That freedom for ordinary people to connect with one another has led to some remarkable innovation. But recently the freedom of ordinary people to connect with one another has come under attack. A few large corporations don't seem to value the Internet's empowerment of individuals and are asserting a desire to control technology. The latest chapter in that attack on freedom is the fight against network neutrality. For most Americans, our options for broadband Internet come down to two choices--a phone company or a cable company. Instead of continuing our freedom to use those connections with whatever content, devices and services we want, some corporations want to control what we access over the Internet. This would include giving better connections to their favored content, and charging money for that privilege. What would the world look like if the Internet had been controlled in this way a few years ago? Imagine if the students who created Google or Yahoo had been charged a fee by a phone company for the privilege of letting their potential users have fast access. These small projects would not have turned into big ideas that revolutionized the World Wide Web. The proposed control of content goes directly against the level playing field created by Internet technology. The concept of freedom written about by Thomas Paine is being challenged by this threat to net neutrality. The Internet has revolutionized the way Americans communicate with one another and do business. It's just common sense to keep that revolution where it belongs--in the hands of ordinary individuals, instead of a handful of big corporations. Americans' Internet freedom depends on it.
http://news.com.com/The+wrong+way+to+further+the+spread+of+broadband+Int...


The Wrong Way to further the Spread of Broadband Internet
Coverage Type 

SENATORS RESIST FAST VOTE ON DECENCY FINES
[SOURCE: Reuters, AUTHOR: Jeremy Pelofsky]
Senate Majority Leader Bill Frist's quest for a quick vote to hike fines on broadcast television stations, radio outlets and entertainers that violate decency standards met fast resistance from both Republicans and Democrats on Wednesday. "There are multiple problems on both sides," Sen Frist spokeswoman Amy Call said, referring to the objections from Republicans and Democrats. "He wanted to start the process of moving the bill forward."
http://today.reuters.com/news/NewsArticle.aspx?type=televisionNews&story...

* Stevens Won't Object To Fast-Tracking Smut Bill
http://www.broadcastingcable.com/article/CA6331071?display=Breaking+News

* Frist 'Indecency' Maneuver Blocked
http://www.njtelecomupdate.com/lenya/telco/live/tb-MDMN1146771677416.html

* Frist Pushes Senate to Pass Bill on Indecency
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/03/AR200605...
(requires registration)


Senators resist fast vote on decency fines
Coverage Type 

BACKER OF ISP SNOOPING SLAMS INDUSTRY
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache and Declan McCullagh]
Rep. Diana DeGette (D-CO), Congress' leading proponent of forcing Internet service providers to retain records about their users' activities, lashed out at the industry on Wednesday, saying such a federal law will be a "very minor burden" to bear. She argues that new laws were necessary to thwart child pornographers and other Internet predators. Investigations into illicit behavior have been hampered because data may be routinely deleted in the normal course of business, Rep DeGette and other data retention proponents claim.
http://news.com.com/Backer+of+ISP+snooping+slams+industry/2100-1028_3-60...


Backer of ISP snooping slams industry