Subject: [Benton's Communications-related Headlines] July 25, 2007 (FCC Oversight)

From: Kevin Taglang <[email-masked]>
Date: Wed, 25 Jul 2007 06:42:01 -0500

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY JULY 25, 2007

FCC OVERSIGHT HEARING RECAP
	FCC Commissioners Back New Auction Rules
	Commissioners Talk Broadband On The Hill
	FCC To Reveal Test Results On Unlicensed Devices
	FCC's Food Marketing Majority: Give Self-Regs a Chance
	FCC's Martin says will consider Tribune sale in 4th quarter
	Links to Opening Statements

SPECTRUM POLICY
	Verizon: Google Auction Plan Will Discourage Bidders
	Open Access for the 700 MHz Auction

BROADCASTING/CABLE
	APTS: Seniors out of touch with digital transition
	Cable Must Help with Digital Transition
	FCC OKs ‘Hardship’ Waivers for RCN, Three Others
	No Such Thing as Simple Carriage Talks
	CBS Traces Social Responsibility

OWNERSHIP
	Bit Players XM, Sirius Hold A High-Stakes Merger Game
	Web Radio Battles Efforts to Expand Royalties for Music

GOVERNMENT & COMMUNICATIONS
	FBI Seeks To Pay Telecoms For Data

QUICKLY -- Bloggers take aim at city governments 
-- and hit home; Constitutional Issues 
Critical  in Online Child "Protection"; The New 
Wireless Playing Field; How Fresh Is Your Cable News? Check the Label

FCC OVERSIGHT HEARING RECAP

FCC COMMISSIONERS BACK NEW AUCTION RULES
[SOURCE: Associated Press, AUTHOR: John Dunbar]
A majority of the Federal Communications 
Commission members told a House subcommittee 
Tuesday that they support an "open access" 
requirement on one swath of airwaves that will be 
auctioned early next year. The provision, put 
forth by FCC Chairman Kevin Martin, would allow 
cell phone customers to use any device they would 
like on a new network encompassing about 
one-third of the 60 megahertz of spectrum to be 
auctioned. The provision drew support from 
Democrats on the House Energy and Commerce 
Committee's subcommittee on telecommunications 
and the Internet, and resistance from most of the 
panel's Republicans. A broader open access 
provision, however, supported by Google Inc. and 
public interest groups, received limited support 
from the commission's two Democrats and opposition from Martin.
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/24/AR2007072400889.html?nav=rss_technology
* Congress Quizzes FCC on Spectrum Auction
It is the growing debate over the 
interoperability of wireless devices -- driven in 
part by Google's $4.6 billion interest in the 
wireless spectrum up for auction and in part by 
the widespread frustration over AT&T's five-year 
exclusive deal for the iPhone -- that has 
stripped the FCC of much of its bureaucratic anonymity.
http://www.newsfactor.com/story.xhtml?story_id=54071
* Republican lawmakers protest spectrum plan
Republican members of the House Subcommittee on 
Telecommunications and the Internet question the 
FCC chairman's net-neutrality rules for the spectrum auction
http://www.infoworld.com/article/07/07/24/Republican-lawmakers-protest-spectrum-plan_1.html
* House oversight hearing on the FCC
http://www.fiercewireless.com/story/house-oversight-hearing-fcc/2007-07-24
* FCC Majority Backs Open-Access Plan for Airwaves
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/24/AR2007072400889.html
* FCC chairman differs with Google's plans for airwaves
http://www.latimes.com/business/printedition/la-fi-google25jul25,1,3159900.story?coll=la-headlines-pe-business

COMMISSIONERS TALK BROADBAND ON THE HILL
[SOURCE: Telecom Web]
On increasing broadband proliferation in the United States:
* Commissioner Copps: "The 700 MHz auction could 
help turn this around. If we get it right, this 
auction offers the prospect of new competition, 
innovation and consumer choice -- perhaps even a 
third broadband pipe. Here's another huge step we 
could take: include broadband as part of 
comprehensive Universal Service Fund reform to 
keep our nation competitive in the global economy."
* Commissioner Jonathan Adelstein: "We need to 
set ambitious goals and shoot for real 
high-bandwidth broadband deployment. We should 
start by updating our current anemic definition 
of high-speed of just 200 Kbps in one direction 
to something more akin to what consumers receive 
in countries with which we compete, speeds that 
are magnitudes higher than our current 
definitions. Another important tool is better 
mapping of broadband availability, which would 
enable the public and private sectors to work 
together to target underserved areas. Legislation 
under consideration by leaders in both the House 
and the Senate would enable us and other agencies 
like the Census Bureau to make enormous progress 
on this front. We must redouble our efforts to 
encourage broadband development by increasing 
incentives for investment because we will rely on 
the private sector as the primary driver of 
growth. These efforts must take place across 
technologies, so that we not only build on the 
traditional telephone and cable platforms, but 
also create opportunities for deployment of 
fiber-to-the-home, fixed and mobile wireless, 
broadband over power line, and satellite 
technologies. Ensuring the vitality of universal 
service will be particularly important as 
technology continues to evolve. Increasingly, 
voice, video, and data will flow to homes and 
businesses over broadband platforms. In this new 
world, as voice becomes just one application over 
broadband networks, we've got to have ubiquitous 
broadband pipes to carry the most valuable IP 
services everywhere. Without such broadband 
networks, IP services can't reach their full 
audience or capability. The economic, public 
health, and social externalities associated with 
access to broadband networks will be far more 
important than the significant effects associated 
with the plain-old-telephone-service network, 
because broadband services will touch so many 
different aspects of our lives. So, it is 
important that the Commission conduct its 
stewardship of the program with the highest of 
standards and that we ensure that universal 
service evolves to promote advanced services, 
which is a priority that Congress has made explicitly clear."
http://www.telecomweb.com/tnd/24380.html

FCC TO REVEAL TEST RESULTS ON UNLICENSED DEVICES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
FCC Chairman Kevin Martin said the FCC would 
release within a week the results of tests of 
several remote-sensing unlicensed devices that 
would potentially be allowed to operate in the 
so-called "white spaces" between DTV channels. 
The FCC has already said it plans to allow fixed 
devices in the band subject to testing and other 
safeguards to make sure the devices do not cause 
interference to TV reception. It has not yet 
decided to allow the remote-sensing unlicensed 
devices. The fixed devices rely on base stations 
and satellites to establish that they are 
operating on vacant channels while the 
remote-sensing devices do it intuitively and on 
the fly. FCC Chairman Kevin Martin has looked to 
such devices to get more efficient use out of the 
spectrum. When asked by Georgia Republican Rep. 
Nathan Deal at an FCC oversight hearing on the 
Hill Tuesday to make FCC engineers available to 
the committees lawyers and manufacturers to 
explain the results, Martin said he would.
http://www.broadcastingcable.com/article/CA6462740.html?rssid=193

FCC'S FOOD MARKETING MAJORITY: GIVE SELF-REGS A CHANCE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
FCC Chairman Kevin Martin and fellow 
Commissioners Michael Copps and Deborah Tate told 
Congress to that they would be willing to step in 
if self-regulation on kids TV food ads did not 
measure up, but weren't ready to set a government 
standard on what foods should not be marketed to 
kids. House Telecommunications & Internet 
Subcommittee Chairman Ed Markey (D-MA) pointed 
out that 11 food manufacturers had committed not 
to market "unhealthy" foods to kids under 12. 
Chairman Markey and at least one other Democratic 
representative were concerned that the companies 
would be defining what qualified as "unhealthy."
http://www.broadcastingcable.com/article/CA6462781.html?rssid=193

FCC'S MARTIN SAYS WILL CONSIDER TRIBUNE SALE IN 4TH QUARTER
[SOURCE: MarketWatch, AUTHOR: Corey Boles]
Federal Communications Commission Chairman Kevin 
Martin said Tuesday he hopes that the agency will 
determine whether the Tribune's sale to real 
estate magnate Sam Zell can proceed in the fourth quarter of the year.
http://www.marketwatch.com/news/story/fccs-martin-says-consider-tribune/story.aspx?guid=%7B0E7537E8%2DE6CF%2D4AE5%2D95B1%2D2AAFF03AF83B%7D&dist=siteid=rss

_Statements_

* Subcommittee Chairman Ed Markey (D-MA)
Highlighted pending issues before the FCC 
including: the digital television transition, 
universal telephone service, special access, 
several forbearance petitions, and the upcoming spectrum auction rules.
http://markey.house.gov/index.php?option=com_content&task=view&id=2997&Itemid=141

* Chairman John Dingell (D-MI)
I would like to thank the Chairman and the 
Commissioners for the pro-consumer actions that 
the FCC has taken since our last oversight 
hearing. Ensuring a smooth DTV transition is the 
most important task facing the Commission. While 
much work remains to be done, I was particularly 
pleased that the FCC brought enforcement actions 
against TV manufacturers for importing non-DTV 
compliant sets and against retailers that failed 
to properly label analog sets. The Commission 
also re-chartered its consumer advisory 
committees and increased their focus on the DTV transition.
http://energycommerce.house.gov/Press_110/110st69.shtml

* FCC Chairman Martin
"The pro-competition policies that we have been 
furthering are designed to ensure that consumers benefit from innovation and
technological advancements in all of the communications industries."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275464A1.pdf
  - Martin Defends Open Access Spectrum Plan
http://www.broadcastingcable.com/article/CA6462615.html?rssid=193

* Commissioner Copps
Focused his comments on three priorities: public safety, media, and broadband
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275465A1.doc

* Commissioner Adelstein:
"In the interest of time, I would like to focus 
today on three among the many urgent priorities 
we face. First, I will discuss the need for a 
national broadband strategy to ensure the 
ubiquitous deployment of affordable, high speed 
broadband infrastructure to every corner of this 
country. Second, I will touch upon the role of 
spectrum-based services, and the importance of 
the upcoming 700 MHz auction, as a critical 
aspect of that national strategy. And third, I 
would like to highlight the pressing media 
agenda, involving media ownership, including 
women and minority ownership, public interest and 
localism obligations, and the need for strong 
leadership by the Commission to ensure a 
successful and smooth transition to digital television."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275467A1.pdf

* Commissioner Tate
Focused on 1) the work the Commission has been 
doing on behalf of children, families and 
consumers- including the areas of media and 
childhood obesity, as well as educational 
programming for children and the effects of 
violent programming. Other areas include our 
outreach initiatives to solicit public input on 
broadcast ownership and localism; and our efforts 
to ensure that the public is fully educated about 
the DTV transition, to improve access to 
communications services for persons with 
disabilities, and to strengthen our privacy rules 
to prevent pre-texting. 2) Increasing broadband 
deployment. The Commission launched two 
initiatives that will allow the Commission to 
gain an even better picture of broadband 
deployment in this country- and is also looking 
at how to structure the upcoming 700 MHz auction 
to further deployment of wireless broadband 
services. The Commission also started a review of 
broadband industry practices. 3) Public safety 
and Homeland Security. The upcoming 700 MHz 
auction could enhance 911 access and location 
system performance. The Commission also 
implemented various recommendations of the 
Commission's Independent Panel reviewing the 
impact of Hurricane Katrina on communications networks.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275468A1.pdf

* Commissioner McDowell
Concentrated on wireless issues, media policy, 
public safety and homeland security, satellites, and wireline telephony.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-275469A1.pdf

SPECTRUM POLICY

VERIZON: GOOGLE AUCTION PLAN WILL DISCOURAGE BIDDERS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Verizon is urging the FCC not to adopt Google's 
suggested terms for rules on reclaimed analog TV 
spectrum to be auctioned for advanced wireless 
services by early 2008, saying it could reduce 
the auction's take by billions. “Google’s filing 
attempts to turn this carefully considered plan 
on its head," said Verizon executive VP, public 
affairs and former congressman Tom Tauke. "As it 
stands now, Google is free to participate in the 
auction like all other companies and implement 
its business plan if it is successful in winning 
spectrum. However, Google’s filing urges the FCC 
to adopt rules that force all bidders to 
implement Google’s business plan  which would 
reduce the incentives for other players to 
bid....The bottom line is this: without Google’s 
rules, the government will get literally billions 
more for this valuable spectrum, and the 
taxpayers will be the winners," he said.
http://www.broadcastingcable.com/article/CA6462472.html?rssid=193
* 700 MHz Endgame: Has AT&T Asked Bush to Put Thumb On Scale?
http://www.wetmachine.com/item/850

OPEN ACCESS FOR THE 700 MHZ AUCTION
[SOURCE: New America Foundation, AUTHOR: Simon 
Wilkie, University of Southern California]
Wilkie analyzes the competitive effects of recent 
proposals to reserve a small portion of the 
upcoming 700 MHz band auction for wholesale, 
open-access use. Using this license, a wholesale 
open-access licensee would build out the wireless 
network, own and operate the cell sites, towers, 
and radio equipment, and provide transport to the 
Internet backbone. For the purposes of this 
report, “open access” means that there would be 
“no locking and no blocking” by the network 
operator. That is, there would be no prohibitions 
against devices that may be connected to the 
network so long as the devices are compatible 
with, and do not harm, the network (i.e., no 
“locking”), and there would be no restrictions 
against content, applications, or services that 
may be accessed over the network (i.e., no 
“blocking”). Verizon’s decision to reject Apple’s 
iPhone is a recent example of locking, and its 
prohibitions against video streaming, 
peer-to-peer file sharing, and other applications are examples of blocking.
http://www.newamerica.net/publications/policy/open_access_700_mhz_auction

BROADCASTING/CABLE

APTS: SENIORS OUT OF TOUCH WITH DIGITAL TRANSITION
[SOURCE: Broadcasting&Cable, AUTHOR: Glen Dickson]
Older Americans are more likely to rely on 
over-the-air television service and are thus less 
prepared for the switch-off of analog signals in 
February 2009, according to a new study released 
by the Association of Public Television Stations 
(APTS). "Americans aged 65 and older are 
consistently more likely to receive television 
signals via an over-the-air antenna than are 
Americans under 65." According to the APTS 
findings, 24 percent of households with Americans 
65 and older received their TV programming 
over-the-air, while only 19 percent of younger 
households were over-the-air. The study also 
found that only 17% of those senior citizens 
relying solely on over-the-air broadcasts own a 
digital TV, which means the rest will need to buy 
a digital-to-analog converter box or subscribe to 
cable or satellite service to continue to enjoy 
television programming. The study, which APTS 
says is the first time it has studied the impact 
of the digital transition on a specific 
population segment, also found that only 41% of 
Americans 65 and older had purchased a new TV set 
in the past three years, compared to 55 percent 
of Americans younger than 65. According to APTS, 
that suggests that seniors may not be as exposed 
to "DTV transition messaging from electronics 
retailers" as younger Americans, since they are 
spending less time in retail outlets shopping for new TV sets.
http://www.broadcastingcable.com/article/CA6462711.html?rssid=193
* APTS: http://www.apts.org/

CABLE MUST HELP WITH DIGITAL TRANSITION
[SOURCE: Broadcasting&Cable, AUTHOR: Anne Becker]
Reps Rick Boucher (D-VA) and Greg Walden (R-OR), 
speaking to some 2,700 attendees at the annual 
CTAM (Cable Telecommunications Association for 
Marketing) summit in Washington DC, urged cable 
operators to help broadcasters raise consumer 
awareness of the nation’s transition to digital 
television on Feb. 17, 2009. Rep Boucher said 
operators, as a form of public service, should 
make announcements on TV and include inserts into 
monthly mailings, among other efforts. Rep Walden 
echoed the sentiment and said operators should help avoid confusion in 2009.
http://www.broadcastingcable.com/article/CA6462529.html?rssid=193
* Legislators Push Cable Ops to Help Digital Transition
http://www.multichannel.com/article/CA6462726.html

FCC OKs 'HARDSHIP' WAIVERS FOR RCN, THREE OTHERS
[SOURCE: Multichannel News, AUTHOR: Todd Spangler]
The action on CableCARD set-tops isn't over: The 
Federal Communications Commission’s Media Bureau 
Monday issued a second wave of rulings on the 
integrated set-top ban, which went into effect 
July 1. The agency granted a one-year waiver of 
the integration ban to four cable operators -- 
RCN, WideOpenWest, James Cable and Great Plains 
Cable Television -- for certain models of set-top 
boxes, citing financial difficulties of each 
company. Also Monday, the FCC granted waiver 
requests to seven phone companies because they 
already operate all-digital systems or have 
promised to do so by Feb. 17, 2009, when TV 
broadcasters are required to stop transmitting 
analog signals. That’s the same reason the agency 
gave late last month in approving waivers for 
Verizon Communications, Qwest Communications 
International and about 120 other providers.
http://www.multichannel.com/article/CA6462741.html

NO SUCH THING AS SIMPLE CARRIAGE TALKS
[SOURCE: Multichannel News, AUTHOR: Mike Reynolds]
CTAM Summit panelists discuss complicated 
negotiations which, today, are more 
time-consuming and complex than ever before, but 
contract conclusions only mark the beginning of 
the relationship between programmers and distributors.
http://www.multichannel.com/article/CA6462762.html

CBS TRACES SOCIAL RESPONSIBILITY
[SOURCE: Broadcasting&Cable]
CBS has issued its third annual social 
responsibility report. The report outlines the 
2006 efforts by the network and its broadcast 
stations, cable nets, and print and outdoor 
businesses to "community outreach, public service 
announcements, responsible programming and 
diversity." The report is meant to accentuate the 
positive and reinforce the company's image as a 
public servant. Among the responsible programs 
the network spotlights heavily in the report is 
Without a Trace. That is the show that the FCC 
hit with the largest-ever proposed indecency 
fine, a fine that CBS is challenging. It is also, 
per CBS,  a show that has dealt with important 
issues including drug abuse, AIDS, and racial 
inequity. CBS also showcases the Super Bowl, a 
broadcast that in other years has drawn content 
critics. In this case it was the 2006 game during 
which CBS distributed footballs and gear to 
soldiers in Iraq and held a flag football 
"Baghdad Bowl" game, airing some of the footage during the game.
http://www.broadcastingcable.com/article/CA6462786.html?rssid=193

OWNERSHIP

BIT PLAYERS XM, SIRIUS HOLD A HIGH-STAKES MERGER GAME
[SOURCE: Washington Post, AUTHOR: Jeffrey H. Birnbaum]
By any conventional measure, the proposed merger 
between XM Satellite Radio and Sirius Satellite 
Radio is not a big deal. Both firms are young; XM 
is barely 10 years old. Revenue for each last 
year was less than $1 billion, making them bit 
players in the media world. The only statistic 
that is remarkable is the size of their net 
losses: a combined $1.8 billion in 2006. Yet in 
the Washington area, XM and Sirius are giants. 
They have spent millions of dollars to gain 
regulatory approval for their union. And their 
chief opponent, the National Association of 
Broadcasters, has spent a small fortune to block 
it. The reason is an object lesson for the 
nation's capital: Government has grown pivotal to 
the business world and, in some cases, its 
decisions are make-or-break for individual companies or industries.
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/24/AR2007072402308.html
(requires registration)

WEB RADIO BATTLES EFFORTS TO EXPAND ROYALTIES FOR MUSIC
[SOURCE: Wall Street Journal, AUTHOR: Lee Gomes]
Every piece of recorded music is covered by two 
separate copyrights. The first involves the 
musical composition itself and is usually handled 
by music publishers on behalf of composers and 
songwriters. The other is for a specific 
recording of the song, which is owned by record 
labels and musicians. Those two copyrights are 
nearly as old as recorded music itself. They have 
spawned huge organizations to represent the 
various parties, including the Recording Industry 
Association of America, which speaks for record 
labels, and ASCAP and BMI, which are music 
publishers that represent songwriters. Web-radio 
companies, including big Internet broadcasters 
such as Yahoo, are banded together through the 
Digital Media Association. Often, interests on 
the content-creation side of the music business 
are aligned, as when they join forces to fight 
music piracy. But record labels and musicians 
typically can negotiate royalties, while 
songwriters and composers are usually forced to 
take a fixed amount -- one established via a 
legal proceeding set up by Congress. The 
publishers representing the songwriters one day 
would like to change that to gain flexibility in negotiations.
http://online.wsj.com/article/SB118530628850576526.html?mod=todays_us_marketplace
(requires subscription)

GOVERNMENT & COMMUNICATIONS
FBI Seeks To Pay Telecoms For Data
FBI SEEKS TO PAY TELECOMS FOR DATA
[SOURCE: Washington Post, AUTHOR: Ellen Nakashima]
The FBI wants to pay the major telecommunications 
companies to retain their customers' Internet and 
phone call information for at least two years for 
the agency's use in counterterrorism 
investigations and is asking Congress for $5 
million a year to defray the cost, according to 
FBI officials and budget documents. The FBI would 
not have direct access to the records. It would 
need to present a subpoena or an administrative 
warrant, known as a national security letter, to 
obtain the information that the companies would 
keep in a database, officials said. The proposal 
has raised concerns by civil libertarians who 
point to telecom companies' alleged involvement 
in the government's domestic surveillance program 
and to a recent Justice Department inspector 
general's report on FBI abuse of national 
security letters. In one case, a senior FBI 
official signed the letters without including the 
required proof that they were linked to FBI 
counterterrorism or espionage investigations.
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/24/AR2007072402479.html
(requires registration)

QUICKLY

BLOGGERS TAKE AIM AT CITY GOVERNMENTS -- AND HIT HOME
[SOURCE:  Los Angeles Times 7/23, AUTHOR: Jonathan Abrams]
Examples of the growing influence of citizen 
journalists roiling communities across Southern 
California, many of which rarely are covered by 
newspapers or other traditional media outlets. 
These muckraking bloggers say they have stepped 
in to fill the government watchdog vacuum. Some 
are anonymous, others are scurrilous and, on 
occasion, possibly libelous. And to local 
politicians, most are a royal pain in the tuchis.
http://www.latimes.com/news/local/la-me-blogs23jul23,1,7719611,full.story
(requires registration)

CONSTITUTIONAL ISSUES CRITICAL IN ONLINE CHILD "PROTECTION"
[SOURCE: Center for Democracy & Technology]
As the Senate Commerce Committee debates how best 
to protect children on the Internet, lawmakers 
must take special care to avoid overly simple 
solutions that would do more harm than good. In 
its zeal to protect kids from predators and 
potentially inappropriate content, Congress must 
not trample the First Amendment rights of 
Internet users, CDT said in a statement submitted 
to the Committee today. The Committee is holding 
a hearing entitled "Protecting Children on the 
Internet," that features no representatives from the civil liberties community.
CDT Statement: http://www.cdt.org/speech/20070623child-protection.pdf

THE NEW WIRELESS PLAYING FIELD
[SOURCE: BusinessWeek, AUTHOR: Olga Kharif]
Cell-phone makers and outsiders like Google want 
to break free from carriers' rigid controls and 
gain direct access to subscribers.
http://www.businessweek.com/technology/content/jul2007/tc20070724_805104.htm?campaign_id=rss_tech

HOW FRESH IS YOUR CABLE NEWS? CHECK THE LABEL
[SOURCE: Washington Post, AUTHOR: Paul Farhi]
This just in! There's no more news on TV, at 
least not on the cable news networks. Plain old 
news apparently just isn't good enough anymore, 
so TV news stories have been getting new and 
improved names -- "Developing Story", "Breaking News", "Very Latest".
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/24/AR2007072402434.html
(requires registration)
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