Subject: [Benton's Communications-related Headlines] Sept 13, 2007 (FEC rules thrown out)

From: Kevin Taglang <[email-masked]>
Date: Thu, 13 Sep 2007 07:53:58 -0500

BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY SEPTEMBER 13, 2007
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MEDIA & ELECTIONS
	D.C. court nullifies FEC regulations
	Hispanics flock to Univision's debate
	The World According to Univision

FCC NEWS
	Thumbs Up, Thumbs Down on FCC DTV Plan
	McCain Pans Program Tying, Praises FCC for Opening Inquiry
	FCC Provides Target Date for Sirius-XM Merge

KIDS & MEDIA
	Children advocates, NAB clash on FCC policy for kids TV
	Markey Calls on More Marketers to Trim Fat

INTERNET/BROADBAND
	Qwest pulls bid to ease price rules
	Municipal Wi-Fi thrives – on a small scale

QUICKLY -- NSA and Telecom Privacy Laws; 
California City Sues Time Warner Over Franchise; 
Broadcasters Group Paid Lobbyist $140K; CBS 
Interactive pacts with affiliates; New reputation 
score follows you online; After Pushing Telework, GSA Tries to Lead Way

MEDIA & ELECTIONS

DC COURT NULLIFIES FED REGULATIONS
[SOURCE: The Hill, AUTHOR: Susan Crabtree]
A D.C. District Court judge on Wednesday threw 
out existing Federal Election Commission (FEC) 
regulations on coordinated communications, voter 
registration and get-out-the-vote activity, 
arguing that the agency’s interpretation did not 
meet a “reasoned decision-making” standard and 
undermined the law. The FEC can either appeal the 
decision or rewrite regulations so they comport 
with the judge’s findings. The decision by Judge 
Colleen Kollar-Kotelly stems from the FEC’s 
implementation of the 2002 Bipartisan Campaign 
Reform Act (BCRA) and from assertions by the 
bill’s authors in Congress that the agency is 
interpreting many provisions too loosely. As a 
result, they argue, the law’s intent is undermined.
http://thehill.com/leading-the-news/d.c.-court-nullifies-fec-regulations-2007-09-13.html

HISPANICS FLOCK TO UNIVISION'S DEBATE
[SOURCE: MediaLife, AUTHOR: Toni Fitzgerald]
There have already been nine presidential 
candidate debates this year on cable news and 
broadcast, each one of them featuring the same 
candidates saying the same things. That sense of 
repetition has led to only middling viewership, 
with the presidential election still more than a 
year away. But Sunday night on Univision, there 
was finally a candidate forum that did offer 
something new and different, a first-of-its-kind 
meeting of all the Democratic presidential 
hopefuls to address the issues of interest to 
Hispanic voters, and in Spanish, no less, with 
translations from English crawling across the 
bottom of the screen. With their one great chance 
to hear what the presidential candidates had to 
say on these issues, and in their language, loads 
of Hispanics tuned in. Univision’s 90-minute 
“Destino 2008: Foro Presidencial” presidential 
forum Sunday at 7 p.m. drew 2.2 million total 
viewers, or more than either of the MSNBC and CNN 
debates thus far this year. It was only 80,000 
behind the average for one Republican debate last 
month on ABC's "This Week with George 
Stephanopolous." Among adults 18-49, the forum 
averaged 1.27 million viewers, almost double the 
average for the previous debates on the cable networks and ABC.
http://www.medialifemagazine.com/artman2/publish/Television_44/Hispanics_flock_to_Univision_s_debate.asp

THE WORLD ACCORDING TO UNIVISION
[SOURCE: Wall Street Journal, AUTHOR: Leslie 
Sanchez, former director of the White House Initiative on Hispanic Education]
[Commentary]  On Univision, a Spanish-language TV 
network with an average prime-time audience of 
about 3.5 million viewers, slanted statements 
about the presidential candidates are 
commonplace. Statements that appear on 
Univision's Web site, like much of the network's 
reporting, are missed by the mainstream media 
because they appear only in Spanish. I have taken 
an extensive look at Univision and found biased 
views of American politics regularly presented by 
the network. This is something all of us need to 
be concerned about. If their views were presented 
fairly, it's likely that Republicans would 
connect with Hispanic voters. That may be why the 
network's news coverage often downplays issues 
that make Hispanics dislike Democrats (abortion, 
same-sex marriage, taxes) and sensationalizes the 
immigration issue as a way of demonizing 
Republicans -- even those who are not 
anti-immigrant. Republicans must engage and 
demand fairness from Univision, rather than let 
it propagandize the most conservative segment of 
the Hispanic population -- the 40% who may speak 
English, but who are "Spanish-dominant" and 
consume their news in their native language. 
Univision isn't alone. Bias is a problem 
throughout Spanish media. But Univision is the 
largest and most important part of the 
Spanish-language media, and it features some of 
the most unbalanced political news coverage on 
television and it continues its leftward drift.
http://online.wsj.com/article/SB118964478980025903.html?mod=todays_us_opinion
(requires subscription)

FCC NEWS

THUMBS UP, THUMBS DOWN ON FCC DTV PLAN
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The National Association of Broadcasters 
Wednesday praised the Federal Communications 
Commission for passing the 
viewability/dual-carriage rule that will require 
cable operators to deliver a viewable signal to 
both their analog and digital customers. The 
cable industry has problems with the First 
Amendment and Fifth Amendment (taking of 
property) implications of mandated carriage, but 
it had already decided that it could voluntarily 
provide that carriage for three years, with the 
National Cable & Telecommunications Association 
saying that it was in an effort to help smooth 
the transition to digital. Some small cable 
operators will have to shut down if they are 
required to deliver must-carry TV-station signals 
in analog and digital. That's according to 
American Cable Association president Matt Polka. 
Concerning possible waivers, Polka said, "This 
offers little meaningful relief, requiring these 
systems to engage in, and pay for, yet another 
process at the FCC, with the outcome far from certain."
http://www.broadcastingcable.com/article/CA6477796.html?rssid=193
* Small Cable Operators Diss FCC’s Carriage Decision
http://www.broadcastingcable.com/article/CA6477775.html?rssid=193

MCCAIN PANS PROGRAM TYING, PRAISES FCC FOR OPENING INQUIRY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Senator, presidential candidate and frequent 
cable-rate and content critic John McCain (R-AZ) 
praised the Federal Communications Commission for 
its decision Tuesday to open an inquiry into 
program tying, in which cable and broadcast 
programmers tie deals for must-have programming 
-- such as a big-market TV station and a 
must-have channel like ESPN -- to less desirable 
programming. Sen McCain sees it as a step toward 
a consumer a la carte regime that he said would 
lower cable bills and give viewers more control 
over content -- a sentiment shared by FCC chairman Kevin Martin.
http://www.broadcastingcable.com/article/CA6477824.html?rssid=193

FCC PROVIDES TARGET DATE FOR SIRIUS-XM MERGER
[SOURCE: MediaWeek, AUTHOR: Brooks Boliek]
FCC chairman Kevin Martin said Tuesday that he 
planned by year's end to have the commission wrap 
its review of Sirius' attempted buyout of XM. The 
deal has generated thousands of filings at the 
Commission as proponents and opponents of the 
deal have attempted to influence the decision. 
The FCC and the Justice Department must approve 
the deal. While the Justice Department looks at 
whether the deal will be anti-competitive, the 
FCC has to decide if it's in the public interest.
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=1003638740

KIDS & MEDIA

CHILDREN ADVOCATES, NAB CLASH ON FCC POLICY FOR KIDS
[SOURCE: Lasar's Letter on the FCC, AUTHOR: Matthew Lasar]
The National Association of Broadcasters (NAB) 
may give television high marks for children's 
educational programming, but a group of public 
interest advocates say that the industry has yet 
to make the honor roll.  On September 4th, both 
the NAB and the Children's Media Policy Coalition 
(CMPC) filed comments with the Federal 
Communications Commission, offering dramatically 
different assessments of the state of children's 
educational TV. "Broadcasters are providing an 
abundance of high quality, diverse programming 
that amply meets the educational and 
informational needs of children," the NAB filing 
concludes in response to an FCC proceeding on the 
state of kid's television. But the CMPC doesn't 
see it that way; the group includes Children Now, 
the American Academy of Pediatrics, the Benton 
Foundation, the National PTA, and the Office of 
Communication of the United Church of Christ. The 
coalition acknowledges that broadcasters 
generally comply with FCC requirements that they 
provide three hours a week of educational TV. But 
they say that beyond that, children's television has a long way to go.
http://www.lasarletter.net/drupal/node/458

MARKEY CALLS ON MORE MARKETERS TO TRIM FAT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
House Telecommunications & Internet Subcommittee 
Chairman Ed Markey (D-MA) sent letters to Chuck 
E. Cheese, Nestlé, ConAgra, Dannon and Yum! 
Brands asking them to restrict the marketing of 
their snack foods. That comes as Markey praised 
Burger King for announcing that it would adopt 
restrictions on the marketing of its food to 
children. “Burger King is making a whopper of a 
commitment to public health by voluntarily 
setting nutrition standards on advertising 
directed at children," said Rep Markey. "It is 
important that other food and beverage companies 
step up and match the efforts these 12 companies are making.”
http://www.broadcastingcable.com/article/CA6477907.html?rssid=193
* Chairman Markey's press release
http://markey.house.gov/index.php?option=com_content&task=view&id=3084&Itemid=141

INTERNET/BROADBAND

QWEST PULLS BID TO EASE PRICE RULES
[SOURCE: Denver Post, AUTHOR: Andy [email-masked]]
Qwest withdrew a petition with federal regulators 
late Tuesday that sought to ease restrictions on 
what the Baby Bell can charge competitors for 
access to its communications network. The Federal 
Communications Commission was to review the 
petition during its monthly meeting Tuesday, but 
the issue was removed from the agenda Monday. 
Still, had Qwest not withdrawn the petition, the 
agency would have been required under federal law 
to issue a ruling by midnight Tuesday or the 
application would have been "deemed granted." 
Instead, Qwest pulled the petition and plans to 
re-file it today, giving the FCC time to review 
the issue. Earlier Tuesday, the FCC asked Qwest 
to clarify what services the company wanted 
deregulated. In a response, Qwest said it is 
seeking relief on access services, essentially 
"last mile" broadband connections the company 
provides into metro areas and individual 
buildings. FCC Commissioner Robert McDowell said, 
"In a perfect world, the Commission today would 
have taken another step forward to de-regulate 
segments of the telecommunications industry where 
sufficient competition has grown to obviate the 
need for further government involvement.  Thus, I 
am disappointed that Qwest felt it had to 
withdraw its forbearance petition regarding enterprise broadband services."
http://www.denverpost.com/ci_6865782?source=rss
* Commissioner McDowell's statement:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276583A1.doc

MUNICIPAL WI-FI THRIVES -- ON A SMALL SCALE
[SOURCE: The Christian Science Monitor, AUTHOR: Chris Gaylord]
The dream that free wireless Internet hubs would 
blanket downtowns across the country abruptly 
faded for several cities this summer. In San 
Francisco, Houston, Chicago, and St. Louis, plans 
that were supposed to make Wi-Fi access as cheap 
and ubiquitous as tap water seemingly all fell 
apart at the same time. With the collapse of 
several major metropolitan projects, analyst 
forecasts for municipal Wi-Fi turned dark. 
Business models were unproven. Eager hype fizzled 
to dismissive pessimism. But not everywhere. 
While big-city Wi-Fi wilts, hundreds of smaller 
communities have fostered thriving networks. 
These success stories often take place in cities 
and counties few have ever heard of – Owensboro, 
Ky.; Rio Rancho, N.M.; Kutztown, Pa. Their town 
borders don't extend very far, their populations 
are relatively small, and their main streets may 
be unglamorous. But in many ways, that's how they 
pulled off what most metropolises have not.
http://www.csmonitor.com/2007/0913/p13s01-stct.html

QUICKLY

CALL FOR FCC TO INVESTIGATE INTELLIGENCE 
AGENCIES’ ALLEGED CIRCUMVENTION OF TELECOM PRIVACY LAWS
[SOURCE: Rep Ed Markey]
Representative Edward J. Markey (D-MA), Chairman 
of the House Subcommittee on Telecommunications 
and the Internet, today again asked the Chairman 
of the Federal Communications Committee (FCC) to 
investigate widespread and serious allegations of 
telecommunications privacy laws violations by the 
National Security Agency (NSA) and other 
entities. Rep. Markey first asked FCC Chairman 
Kevin J. Martin to investigate these allegations 
in May of 2006. Rep. Markey said, “More than a 
year ago, I asked Chairman Martin to exercise his 
authority as the head of the independent agency 
responsible for the enforcement of our nation’s 
communications laws to investigate the very 
serious reports that the intelligence agencies 
were using telephone companies to obtain phone 
records illegally. The continued reports of 
government intelligence agencies running 
roughshod over telecommunications privacy laws 
make it clear that the FCC should not wait to 
initiate this investigation.”  At the first FCC 
oversight hearing chaired by Rep. Markey this 
year on March 14th, Rep. Markey followed up on 
his May 2006 letter by asking Chairman Martin if 
he had reconsidered his position on investigating 
the alleged violations of communications privacy 
laws. In response, Chairman Martin told Rep. 
Markey that he had written a letter to Attorney 
General Alberto Gonzales, dated March 6, 2007, to 
obtain the viewpoint of the Department of Justice 
as to whether the FCC could begin an 
investigation. In the past six months, FCC 
Chairman Martin has not received a response to 
his letter to Attorney General Gonzales, who has 
since announced his resignation. “It is past time 
for the American people to learn the truth about 
alleged circumvention of important privacy laws. 
The FCC has a duty to help get to the bottom of 
what has transpired between the Bush 
Administration and our nation’s major telephone 
companies with regard to the disclosure of 
consumer telephone records and other personal data,” concluded Rep. Markey.
http://markey.house.gov/index.php?option=com_content&task=view&id=3081&Itemid=141

CALIFORNIA CITY SUES TIME WARNER OVER FRANCHISE
[SOURCE: Technology Daily, AUTHOR: Michael Martinez]
A California city has accused one of the largest 
cable companies in the United States of operating 
a cable service without a franchise. The city of 
Carlsbad, a suburb of San Diego, sued Time Warner 
Cable in U.S. District Court last month. The city 
claims that Time Warner has been unlawfully 
providing cable service there because its 
franchise is expired in November 2006. The spat 
began when Time Warner took over the existing 
franchise for Adelphia Communications last year. 
City officials have argued that the deal expired 
late last year but that Time Warner has continued 
its business anyway. Under a law signed by Gov. 
Arnold Schwarzenegger (R) last year, cable 
companies in California will be allowed to 
abrogate their existing contracts with localities 
in favor of new statewide deals beginning in 
January. The law is designed to speed the entry 
of telephone companies into the state's 
television market. Time Warner has asserted that 
the city should have to extend its expired deal 
until next January, when it is eligible to seek a 
statewide franchise. The city said in its lawsuit 
that an extension is not mandated by the law and 
that Time Warner was unwilling to follow the 
formal renewal process for the franchise after the law was passed in 2006.
http://www.njtelecomupdate.com/2007/09/calif_city_sues_time_warner_ov.html

BROADCASTERS GROUP PAID LOBBYIST $140K
[SOURCE: Associated Press]
The National Association of Broadcasters, which 
represents more than 8,300 local television and 
radio stations, paid the Podesta Group Inc. 
$140,000 to lobby the federal government in the 
first half of 2007. The firm lobbied Congress and 
the Federal Communications Commission on 
legislation dealing with consumer advertisements, 
Internet radio royalty rates, a proposed 
satellite radio combination and other matters. 
Among those registered to lobby on behalf of the 
trade group are: Paul Brathwaite, former 
executive director of the Congressional Black 
Caucus; John Scofield, former communications 
director for the House Appropriations Committee; 
Andrew Kauders, former senior adviser to Sen. 
Robert Menendez (D-NJ); Ann Marie Polak, former 
staffer for Rep. Mike Ferguson (R-NJ); and 
Heather Urban, former director of Nevada 
operations and legislation for Senate Majority Leader Harry Reid (D-NV).
http://biz.yahoo.com/ap/070912/broadcasters_lobbying.html?.v=1

CBS INTERACTIVE PACTS WITH AFFILIATES
[SOURCE: Variety, AUTHOR: Michael Learmonth]
CBS is adding its network of local TV and radio 
station websites to its online "audience 
network," which distributes Eye primetime shows across the web.
CBS Interactive announced Monday it had inked 
deals with CBS' 29 owned TV affiliates and 144 
CBS Radio websites, as well as a number of the 
183 websites owned by CBS affiliates across the 
country. The websites will both host 
network-produced video content and provide local 
news, sports and weather to the CBS Audience 
Network, which is distributed through sites reaching 90% of Web users.
http://www.variety.com/article/VR1117971743.html?categoryid=1009&cs=1

NEW REPUTATION SCORE FOLLOWS YOU ONLINE
[SOURCE: Associated Press, AUTHOR: Anick Jesdanun]
Buy and sell enough goods on eBay and you'll 
accumulate a score based on feedback left by 
other users. Visit another site, however, and you 
must rebuild your reputation from scratch. A 
Boston-based startup is trying to change that 
with a reputation system that travels with you, 
whether you're seeking roommates at a classifieds 
site like Craigslist or love at a dating site.
http://news.yahoo.com/s/ap/20070912/ap_on_hi_te/techbit_portable_trust;_ylt=A0WTcUNUO.hG220B_QNj24cA

AFTER PUSHING TELEWORK, GSA TRIES TO LEAD WAY
[SOURCE: Washington Post, AUTHOR: Stephen Barr]
For several years, the General Services 
Administration has urged other federal agencies 
to set up telecommuting programs. Now, the GSA 
plans a big push on its home turf. Lurita A. 
Doan, the GSA administrator, yesterday called on 
her agency to dramatically increase the number of 
employees who can work one or more days per week 
from home or from a regional telework center. 
Many federal managers have shown little 
enthusiasm for telework, in part because they are 
concerned about data security, equipment and 
software costs, office staffing, and employee 
productivity. About 4 percent of the federal 
workforce telecommutes, the GSA estimates.
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/12/AR2007091202283.html
(requires registration)
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Communications-related Headlines is a free online 
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Benton Foundation
Communications in the Public Interest
1625 K Street, NW 11th Floor
Washington, DC 20006
headlines AT benton DOT org 

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