FCC Commissioner Adelstein Kicks Off Academic Pre-Conference in Memphis

Hello all from the Memphis Tennessee Convention Center. While the Free Press National Conference on Media Reform does not officially open until tomorrow, Free Press and the Social Sciences Research Center (SSRC) have co-sponsored an academic pre-conference for today, with a goal of promoting greater coordination between academics and activists and encouraging more academics to get involved in the substantive policy debates.

Craig Calhoun of SSRC and Robert McChesney of Free Press did a good job introducing the conference. But the real star of the morning was FCC Commissioner Joathan Adelstein.

I couldn’t have wished for a better speech. If Adelstein doesn’t read my blog (and I rather doubt he does), I take it as prof that “great minds think alike.” He savaged the neo-cons and others who rely on “faith based” research and regulation, and an FCC that has allowed the corporations it regulates to control both the framing of the debate and the information used for policy. Because the FCC has consciously decided not to “burden” the industry with reporting requirements that would provide an accurate picture of the industry (altough they provide exactly this information to investors and the SEC), the “expert agency” is now “starved for information” and reduced to writing “advocacy pieces” for industry or reports devoid of meaningful data and analysis.

On the plus side, according to Adelstein, we have truth on our side and a massive reserve of talent and ability. We have already accomplished amazing things. With greater coordination and effort, we can do more.

Details below . . . .

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Kerry drops another good bill

Senator John Kerry (D-MA) has introduced the Wireless Innovation Act of 2007. This bill is essentially the same excellent bill to force the FCC to open up the White Spaces that Kerry, Allen (now no longer in the Senate), Boxer and Sunnunu introduced in 2006 and was later incorporated into the Stevens Bill.

The bill requires the FCC to complete its pending rulemaking on the broadcast white spaces and allocate the use for unlicensed spectrum. Given that the FCC has shifted into reverse on this and has decided to reexplore the licensed v. unlicensed question, it’s nice to see folks on the Hill pushing for this.

Stay tuned . . . .

Book Review: Eric Klinenberg's Fighting For Air

Today marks the release of Eric Klinenberg’s Fighting for Air: The Battle To Control America’s Media. Timed for release with the National Conference on Media Reform, I expect attendees can pick up a copy there. Those of you who must, for whatever unfortunate reason, miss the big media ‘do in Memphis can order it from Amazon. (I have no idea if mainstream bookstores will carry it.)

Anyone who wants to understand the media reform movement should buy this book. More importantly, this is the book to give your friends and relatives so that they can understand why the media reform movement matters, and why it will succeed in transforming the media landscape despite the multi-billion dollar forces arrayed against it.

Review below . . . .

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Snowe & Dorgan ReIntroduce Net Neutrality Bill — and A Chance for Some Presidential Politics

Senator Snowe (R-ME) and Senator Dorgan (D-ND) have introduced the Internet Freedom Preservation Act. Interestingly, although neither is on the relevant Committee, both Barak Obama and Hilary Clinton are co-sponsors. While not exactly pandering (both co-sponsored the Snowe-Dorgan network neutrality bill last year when it was a lot riskier to do so), does anyone doubt that their decision to come out strongly in favor of NN this early was influenced by the popularity of this issue with the netroots?

Meanwhile, where the heck did Inouye go? And has anyone talked to the new members yet?

Some reflections on the new bill, and on the new politics network neutrality, below . . . .

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“Our Viewers Don't Need News! One percent of time is too much already!”

In the last week of December, my employer Media Access Project filed Petition to Deny the television license renewals in the Portland-Salem market in Oregon. As detailed in the Pettition to Deny, the broadcast stations spent only 1% of time in October covering local elections. We argue that this amounts to a complete failure under any standard by these stations, individually and collectively, to meet their obligations to their local viewing areas. (We filed similar Petitions, still pending, against stations in Milwaukee and Chicago.)

Bill Johnstone, spokesman for the Oregon Association of Broadcasters did not dispute the findings of the study on which MAP based the Petition to Deny. Instead, Mr. Johnstone asserted that the the one percent was too much. Mr. Johnstone argued that one percent of time devoted to local political news for the people of Oregaon (or at least, the Salem-Portland market) was “more than our fill.” Indeed, Mr. Johnstone reckons that folks is generally sick of all that politics and news stuff because (and I am not making this up) “Very few politicians can tell the truth.” Mr. Johnstone also opined that it served the puiblic to make broadcast a local-politics free zone because “given everything else that the public has access to — the Internet, the ads they see and hear, the billboards, the unwelcome calls from candidates” the public must be plum sick of news.

This, of course, explains why broadcasters keep dropping the amount of local news available to the public (as documented in places like the Project on Excellence in Journalism). It’s a public service to provide viewers with a refuge from all that unwelcome input from reality.

At least they are no longer relying on the obviously false statement that they are only ”giving the public what they want“ and that ”if people wanted to see more ‘hard news, we’d broadcast that.“ As surveys and analysis continue to show audineces fed up with the lack of news fleeing in droves to other media. No, apparently the public is best served by making the broadcast media a ”safe haven“ from news. And broadcasters are courageously willing to take the hit on audience share to do it!

Now some of you might think that if, as Mr. Johnstone thinks, most politicians can’t tell the truth, that actual journalists might have the job of exposing those lies and challenging these politicians. In fact, if local news programs started doing that regularly, politicians might try lying less and telling the truth more.
Silly people! That is no longer what we rely on ”journalists“ and ”news“ for. According the the FCC, we now rely on such programs and ”Howard Stern,“ the ”Tonight Show,“ and ”Good Morning America.“ Each of these, the FCC has assured us, is a bona fide news program. And, as the broadasters constantly tell us at the FCC, we have the internet now! ”The internet“ amazingly gives us all our news. In fact, as Mr. Johnstone explains, the internet and paid political advertising provide so much news that it falls to the brave broadcast media to provide a ”safe harbor” where we can insulate ourselves from all this inconvenient news by getting updates every five minutes on the latest celebrity scandal, heartwarming pet trick, or desperate family missing their vacation in Disneyworld due to snow in Denver.

So keep hope, people of Portland and Salem Oregon, you’re local broadcasters are looking out for you! If you, like Mr. Johnstone, thought 1% of time covering local politics in 2006 was too much, then sleep easy. We can promise you that, if things keep going as they’re going, you’ll be even safer from accidental exposure to news in 2008.

Or, if you feel different, you can meet the rest of us down at the National Conference on Media Reform this week and help us plan on how to turn things around.

Stay tuned . . . .

DOJ — “Antitrust? What's That?”

The U.S. Department of Justice Antitrust Division approved the AT&T/BellSouth mereger without imposing any conditions. By law, the DOJ Antitrust division has no obligation to explain its decision to take no action. Nevertheless, Assistant Attorney General Thomas Barnett did issue a statement explaining the decision to take no action. Apparently, the market has gotten so much more competitive since the DOJ imposed (albeit wussy) conditions last year on the Verizon/MCI merger and SBC/AT&T merger last year that DOJ can’t imagine why this merger might be anticompetitive.

We now bounce over to the FCC, where Kevin Martin has placed approval of the AT&T/BellSouth on the agenda for tomorrow’s FCC meeting. But will the meeting take place? Can Martin get the merger through without conditions? And why didn’t DOJ at least pretend to care and enter into some wussy conditions — rather than just roll over like a good little industry lap dog begging for treats?

Some guesses below . . . .

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Appears that Rose and Lloyd (and me) were right . . .

A month or so back, I reported that Greg Rose and Mark Lloyd had written a study for the Center for American Progress concluding that incumbent wireless providers used spectrum auctions to block the mergence of new competitors. Then came the AWS auction, with its legion of bidders. “A ha!” Declared the Wall St. Journal and others in the anti-net neutrality, anti-regulatory, pro-spectrum property camp. “Look at how the market-based policies create competition! No need for regulation here!”

Turns out, not so much . . . . Either for new spectrum entrants or for broadband competition.

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Handicaping This Week’s Big Spectrum Auction

And what a long strange trip its been to get here! In 2004, Congress passed the Commercial Spectrum Enhancement Act (CSEA), which required government users to vacate some choice spectrum so the FCC can auction it. You can see the FCC’s official page for this auction here. You can see my recent general musings on this auction on the Public Knowledge policy blog here.

But none of this tells the whole story. After two controversial rulemakings, a pending legal challenge, and the appearance of a host of new bidders, FCC Auction 66: AWS-1 is ready to start this week on August 9. A look at the list of who has come to play signals an auction of unparalleled visciousness, determination, and probable manipulation by sophisticated bidders because the FCC wussed out and did not adopt anonymous bidding.

For those interested in my handicaping what a report from the Center for American Progress describes as a corrupt means by which incumbents keep out competitors and what I have called “a really wonky version of Worlds of Warcraft,” read on!

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Adelphia Decided

I was off at my cardiologist getting a stress test, so I missed this. Happily, I had crammed the night before and passed with flying colors! Because today’s FCC meeting was, from all descriptions, totally surreal — including a shout out to yr hmbl obdnt blogger!

Short substance review: The FCC did not adopt a network neutrality condition, they did not adopt a condition on PBS Sprout, allowing Comcast to get by with a voluntary commitment to make the programming available on a non-exclusive basis for the next three years. They acted on the Washington Nationals, and gave a nod to leased access.

More details, and further implications, below . . .

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A Network Neutrality Primer

For those just tuning in, Network Neutrality (aka “NN”, becuase every public policy deserves its own acronym) has gone from sleepy tech issue to major policy fight. So I have prepared a rather lengthy primer below for folks who want a deeper understanding of what’s happening (at least as of today, May 3, 2006).

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