Tag: FCC Page 2 of 3

Comcastic news for free speech

On April 24, 2015

This broke at Bloomberg and is now being confirmed: In the face of opposition from the Justice Department and the FCC, Comcast is giving up on its proposed $45.2 billion merger with Time Warner Cable.

This is a great victory for everyone who fought against Comcast’s bid to tighten its stranglehold on the telecommunications infrastructure on which all of us are so dependent. Kudos to Free Press and other public interest groups that worked so hard on this issue.

One thing you can be sure of is that this and similar issues will be back, especially since the next administration is either likely (i.e., Hillary Clinton becomes president) or certain (a Republican is elected) to be more sympathetic to such deals than the Obama White House has been. Continued vigilance will be needed.

Why Rupert Murdoch probably won’t buy the Herald

By Dan Kennedy

On June 25, 2014

In Media

Published earlier at WGBHNews.org.

Here’s the answer to today’s Newspaper Jeopardy question: “Maybe, if there’s a willing buyer and seller.”

Now for the question: “With Rupert Murdoch getting out of the Boston television market, is there any chance that he would have another go with the Boston Herald?”

Following Tuesday’s announcement that Cox Media Group would acquire WFXT-TV (Channel 25) from Murdoch’s Fox Television Stations as part of a Boston-San Francisco station swap, there has been speculation as to whether Murdoch would re-enter the Boston newspaper market. Universal Hub’s Adam Gaffin raises the issue here; the Boston Business Journal’s Eric Convey, a former Herald staff member, addresses it as well. I’ve also heard from several people on Facebook.

First, the obvious: There would be no legal obstacles if Murdoch wants to buy the Herald. The FCC’s cross-ownership prohibition against a single owner controlling a TV station and a daily newspaper in the same market would no longer apply.

Now for some analysis. Murdoch is 83 years old, and though he seems remarkably active for an octogenarian, I have it on good authority that he, like all of us, is not going to live forever. Moreover, in 2013 his business interests were split, and his newspapers — which include The Wall Street Journal, The Times of London and the New York Post — are now in a separate division of the Murdoch-controlled News Corp. No longer can his lucrative broadcasting and entertainment properties be used to enhance his newspapers’ balance sheets.

Various accounts portray Murdoch as the last romantic — the only News Corp. executive who still has a soft spot for newspapers. The Herald would not be a good investment because newspapers in general are not good investments, and because it is the number-two daily in a mid-size market. Moreover, the guilty verdict handed down to former News of the World editor Andy Coulson in the British phone-hacking scandal Tuesday suggests that Murdoch may be preoccupied with other matters.

On the other hand, who knows? Herald owner Pat Purcell is a longtime friend and former lieutenant of Murdoch’s, and if Rupe wants to stage a Boston comeback, maybe Purcell could be persuaded to let it happen. Even while owning the Herald, Purcell continued to work for Murdoch, running what were once the Ottaway community papers — including the Cape Cod Times and The Standard-Times of New Bedford — from 2008 until they were sold to an affiliate of GateHouse Media last fall.

There is a storied history involving Murdoch and the Herald. Hearst’s Herald American was on the verge of collapse in 1982 when Murdoch swooped in, rescued the tabloid and infused it with new energy. Murdoch added to his Boston holdings in the late 1980s, acquiring Channel 25 and seeking a waiver from the FCC so that he could continue to own both.

One day as that story was unfolding, then-senator Ted Kennedy was making a campaign swing through suburban Burlington. As a reporter for the local daily, I was following him from stop to stop. Kennedy had just snuck an amendment into a bill to deny Rupert Murdoch the regulatory waiver he was seeking that would allow him to own both the Herald and Channel 25 (Kennedy’s amendment prohibited a similar arrangement in New York). At every stop, Herald reporter Wayne Woodlief would ask him, “Senator, why are you trying to kill the Herald?”

The episode also led Kennedy’s most caustic critic at the Herald, columnist Howie Carr, to write a particularly memorable lede: “Was it something I said, Fat Boy?” Years later, Carr remained bitter, telling me, “Ted was trying to kill the paper in order to deliver the monopoly to his friends” at The Boston Globe.

Murdoch sold Channel 25, but in the early 1990s he bought it back — and sold the Herald to Purcell, who’d been publisher of the paper, reporting to Murdoch, for much of the ’80s. It would certainly be a fascinating twist on this 30-year-plus newspaper tale if Murdoch and Purcell were to change positions once again.

Net neutrality and the future of journalism

By Dan Kennedy

On January 15, 2014

In First Amendment, Media

This article was originally published by the media-reform organization Free Press and is posted here by permission. Josh Stearns is the journalism and public media campaign director for Free Press. You can follow him on Twitter at @jcstearns.

By Josh Stearns

Tuesday’s court decision, which struck down the FCC’s open Internet order and threatened the future of net neutrality, has huge implications for the future of journalism and press freedom.

According to the Pew Research Center, half of all Americans now cite the Internet as their “main source for national and international news.” For young people the number is 71 percent. While we are nowhere near stopping the presses or tearing down the broadcast towers, the Internet is increasing how we distribute and consume the news today.

The future of journalism is bound up in the future of the Internet.

That is why net neutrality is so important and why the court decision this week should worry digital journalists and publishers. For newsrooms the decision means that a company like AT&T or Verizon could decide where their users can go for news and what stories get buried or blocked online. Verizon could strike a deal with CNN and hamper their users’ ability to access alternative news sources. Comcast could slow access to Al Jazeera, because it wants to promote its NBC news offerings.*

That’s why, in 2010, U.S. Sen. Al Franken argued that “net neutrality is the First Amendment issue of our time.”

No journalist or publisher should be held hostage by the commercial or political whims of an Internet service provider. In the end, however, the biggest media companies aren’t likely worried about this court decision. As Stacey Higginbotham wrote:

In many ways this will be a win for the large content companies such as Disney or Viacom. Yes, they might have to pay for prioritization on the broadband networks, but they have deep pockets and such a move would help them ensure their content continues to reach consumer eyeballs as the television industry fragments online. It’s possible we could see the emergence of a pay TV bundle of content that is either exempt from caps or just delivered with pristine quality while YouTube videos sputter.

But it is not just sputtering YouTube videos we need to worry about. It is people’s ability to access the independent journalism and diverse voices, which have thrived on the Web.

In 2009 a coalition of nearly 50 online journalism innovators sent a letter to the FCC, calling on the commissioners to protect the open Internet. “Net Neutrality ensures that innovative local news websites and national nonprofit reporting projects can be accessed just as easily as legacy media sites,” they wrote. “Net Neutrality encourages journalists to pioneer new tools and modes of reporting and lowers the bar for citizens to participate.”

Net neutrality is about creating a level playing field for all voices.

In an ironic twist, when it argued against net neutrality at the federal appeals court, Verizon claimed it actually had a First Amendment right to block and censor Internet users. And while the court largely ignored Verizon’s First Amendment claims, its ultimate decision essentially gave Verizon the green light begin “editing” the Internet.

As more and more news and information moves online, we need to ensure that the flow of online information is free and unencumbered. Traditional battles over press freedom are critical, as the recent Committee to Protect Journalists report so clearly showed, but today we also have to understand that keeping the Internet free goes hand in hand with keeping the press free.

The court decision this week is bad news for the Internet and for independent media, but it is not the last word in this debate.

The Federal Communications Commission can reclassify broadband as what it is: the fundamental communications infrastructure of our time. That simple action would re-establish its legal authority and ensure that its can protect consumers and journalists from online discrimination. Protecting freedom of the press can’t stop online.

* Because of the conditions placed on their deal to buy NBC in 2011, Comcast has to abide by net neutrality principles until 2018 regardless of this court case.

New Haven Independent seeks to build community radio station

By Dan Kennedy

On December 4, 2013

In Media

This article was previously published by the Nieman Journalism Lab.

The New Haven Independent, which launched eight years ago amid the first wave of online-only community news sites, may soon expand into radio.

The nonprofit Independent is one of three groups asking the FCC for a low-power FM (LPFM) license in New Haven, Conn. If successful, editor and founder Paul Bass says that “New Haven Independent Radio” could make its debut at 103.5 FM in about a year.

“It would be a fun thing if we get it. I’m told it’s very hard,” Bass says. “We’re by no means talking as if we’re going to get this license. We thought it would be worth a shot.” He envisions a mix of news from the Independent and La Voz Hispana de Connecticut, the Independent’s content partner (and landlord), as well as music, public affairs, and shows produced by local nonprofit organizations. The station would be on the air at least 16 hours a day.

The three New Haven applications are part of the FCC’s great LPFM land rush. Legislation signed by President Obama in 2011 eased restrictions on low-power stations, and the FCC is expected to approve about 1,000 applications sometime in 2014. More than 2,800 applications were received by the deadlinelast month, according to the website Radio World. (Thanks to Aaron Read of Rhode Island Public Radio for tipping me off about the Independent’s application.)

According to the Prometheus Radio Project, a longtime advocate of expanded community radio, “the over 800 low-power stations currently on the air are run by nonprofits, colleges, churches and emergency responders.” For years, the radio industry and (believe it or not) NPR fought the expansion of LPFM, arguing that new stations would interfere with established broadcast frequencies — a concern that advocates say is unwarranted.

Like all LPFM stations, New Haven Independent Radio’s broadcast footprint wouldn’t extend much beyond the city limits, although it would stream online as well — which could be significant, Bass says, given predictions that most cars will have streaming Internet radio within a few years.

Inspired by Haverhill

Bass says he got the idea from WHAV Radio in Haverhill, Mass., a nonprofit online community station (it also has a weak AM signal) whose volunteer general manager, Tim Coco, is seeking to expand with an LPFM license of his own. (I wrote about Coco’s radio ambitions last summer.) Coco, who runs an advertising agency and is a local politico of some note, is also among a group of residents working to launch a cooperatively owned community news site to be called Haverhill Matters, under the auspices of the Banyan Project.

“I’m happy I provided some inspiration,” Coco told me by email. “I believe the more local voices, the better for the community.”

Although Bass, if he is successful, may be the first hyperlocal news-site operator to start an independent radio station, the connection between the two media is a natural one. For instance, Howard Owens, publisher of The Batavian, a for-profit site that covers Genesee County in western New York, has partnered since 2009 with WBTA, an AM station with a strong community presence. An even more ambitious project is under way in the heart of the country, as the St. Louis Beacon news site is merging with St. Louis Public Radio.

Donna Halper, a longtime radio consultant and historian who is an associate professor of communication at Lesley University, says a multiplatform presence of the sort Bass envisions is crucial at a time when the audience has become fragmented.

“These days, it’s a multimedia world, and even a low-power FM station can get people talking” about your work, she says. “In this kind of environment, the more platforms you are on, the more you have top-of-the-mind awareness.”

On the other hand, industry observer Scott Fybush, who writes about radio for his own eponymous website, warns that Bass may not quite realize what he is getting into.

“Twenty-four hours a day of radio is an unforgiving taskmaster,” Fybush said in an email. “There are lots of applicants in this LPFM window who have what appear to be noble ideas, but keeping a station going with engaging programming day in and day out isn’t easy to do.”

Three-way contest

But that’s getting ahead of things, because first Bass has to win the three-way contest for the New Haven license. And that is by no means assured. (Bass’s application was filed by the Online Journalism Project, the nonprofit entity that acts as the Independent’s publisher of record.)

According to documents on file with the FCC, the other two applicants are a Spanish-language organization and a Christian broadcaster called Alma Radio. Even though LPFM is intended to encourage localism, Alma proposes to broadcast nationally syndicated religious programs, including “Focus on the Family,” hosted by the controversial evangelical leader James Dobson. Alma Radio’s oversight board, according to a “Purposes and Objectives” document it included with its application, is “composed of members who believe and have a personal relationship with Jesus Christ.”

Although Bass says his ideas for the station are still evolving, he included a detailed proposal with his FCC application, with such diverse offerings as a morning news program; a daily “La Voz Latino Community Hour”; a collaboration with The Inner-City News, a local African-American publication; community theater; and a two-hour evening program to be called “Joe Ugly Presents Local Hip Hop.” (Joe Ugly is the nom de rap of a New Haven music impresario who runs an Internet radio station called Ugly Radio.)

One of the New Haven Independent’s funders has already put up $3,000, which paid for legal and engineering services. If Bass wins the license, he estimates it would cost $30,000 to build the station and $60,000 to $70,000 to pay a full-time employee to run it — a substantial amount over the approximately $500,000 a year the Independent now receives in donations, foundation grants, and corporate sponsorships.

The opportunity is clear enough. Done right, it would enable Bass to bring New Haven Independent journalism, with its hyperlocal emphasis on neighborhoods, schools, and city politics, to a new audience — and to entice that audience, in turn, into sampling the Independent.

The danger, of course, is that the radio project would drain resources and attention away from the Independent itself, diluting its mission with a gamble on a new platform that may or may not succeed. Bass’s answer to that challenge is simple and direct: “We have to make sure it doesn’t.”

Photo (cc) by Michael Coughlan and published under a Creative Commons license. Some rights reserved.

A blow to independent radio

By Dan Kennedy

On May 16, 2012

In Media

This is very sad news indeed: Boston Phoenix publisher Stephen Mindich has announced that WFNX Radio (101.7 FM), one of the few big-market independent rock stations in the country, is being sold to Clear Channel.

The Phoenix has posted Mindich’s email to the staff here.

I remain part of the Phoenix family, and my best wishes go out to everyone affected. Mindich has fought hard to keep his media holdings out of the clutches of corporate chain ownership. But economic conditions remain miserable.

The FCC must approve the sale.

Clear Channel owns 850 radio stations in 150 cities. Its Boston stations are WJMN (94.5 FM), WXKS-FM (107.9 FM), WXKS-AM (AM 1200) and the Spanish-language station WKOX (AM 1430).

Update: Lisa van der Pool of the Boston Business Journal has more details.

Still more: Donna Goodison has a very good, thorough story in the Boston Herald. D.C. Denison has a briefer account at Boston.com.

Net neutrality and the politics of pizza

By Dan Kennedy

On December 22, 2010

In Free speech, Media, Politics

Imagine living in a world in which Domino’s could pay your phone company to make it impossible for you to call other pizza joints. That can’t happen because, legally, phone services are considered “common carriers,” which must accept all traffic in a non-discriminatory manner. Which is what the battle over net neutrality is all about.

This week the FCC’s three Democrats backed a too-weak proposal to ensure net neutrality that the Republicans vowed to oppose anyway. I don’t pretend to understand all the technical arcana, but, according to news reports like this one, net neutrality will be more or less assured on wired broadband networks such as cable and FIOS, while the market will have its way on wireless networks.

Which network do you suppose will be more important in 10 years — or two, for that matter? Wired or wireless?

Take a look at this post on Engadget, which obtained an actual proposal for wireless broadband providers to charge extra for access to Facebook, Skype and YouTube. It’s a variation on a theme that Sen. Al Franken sounded in a must-read essay. Franken points out that, without net neutrality, Verizon could block Google Maps and charge you extra to use its own inferior mapping service. Franken writes:

Imagine if big corporations with their own agenda could decide who wins or loses online. The Internet as we know it would cease to exist. That’s why net neutrality is the most important free speech issue of our time.

Back when the debate was over media concentration, old-school conservative organizations like the National Rifle Association and the Christian Coalition made common cause with liberal groups to stop the FCC from making a bad situation worse. Unfortunately, the newly ascendant Tea Party right is so hostile to government activism that it opposes efforts to ensure net neutrality.

This week’s action by the FCC was not definitive. Net neutrality is an issue that we’ll be revisiting again and again in the years ahead. But given President Obama’s stated support for neutrality, this may be as good as it gets. And it’s not very good.

To learn more, and to take action, visit Free Press.

What Google and Verizon were really up to

By Dan Kennedy

On August 10, 2010

In Media

Samuel Axton, writing at Mashable, is unstinting in his assessment of last week’s New York Times report that Google and Verizon were secretly negotiating a deal that would undermine net neutrality for their own benefit. The two companies yesterday announced a proposed regulatory framework that would more or less guarantee net neutrality on broadband land lines, but allow wireless providers to operate with fewer regulations. Axton writes:

The proposal we’re seeing is starkly different from what was described in The New York Times article from last week that accused Google and Verizon of conspiring to upend the principles of net neutrality. We didn’t believe it even then, and Google CEO Eric Schmidt said in the conference call that “almost all” of what the NYT reported was “completely wrong.” In particular, he stressed that this is not a business deal at all between Verizon and Google, but simply a joint policy statement.

You wouldn’t know it from reading today’s Times, which cites “reports that Google and Verizon had come to a private agreement.” I am not aware of any “reports” making quite that bold a claim except for the initial story in the Times, which Google and Verizon almost immediately said was wrong.

Still, there’s plenty not to like about the framework that Google and Verizon have proposed. As Jeff Jarvis points out at Buzz Machine, a wireless, ubiquitous connection is quickly becoming what we mean when think of the Internet. Guaranteeing net neutrality for a land-line network that may soon be obsolete not exactly in keeping with Google’s “Don’t Be Evil” philosophy. Jarvis writes:

Mobile will very soon become a meaningless word when — well, if telcos allow it, that is — we are connected everywhere all the time. Then who cares where you are? Mobile? doesn’t matter. You’re just connected. In your car, in your office, in your bedroom, on the street. You’re connected. To what? To the internet, damnit.

The Save the Internet Coalition puts it this way: “Google-Verizon Pact Worse Than Feared.” The FCC needs to be able to put a stop to this.

Earlier coverage here and here.

Now it’s the Times versus Google and Verizon

By Dan Kennedy

On August 6, 2010

In Media

For now, at least, it looks like the New York Times is doubling down on its report that Google and Verizon are negotiating a deal that would allow Verizon to offer tiered levels of service for content-providers — a deal that would severely undermine the principle of net neutrality.

In a follow-up today, the Times’ Edward Wyatt reports that FCC chairman Julius Genachowski would oppose such a deal. The story continues:

His remarks came in response to press reports that Google and Verizon were nearing an agreement about broadband management that could clear the way for Verizon to consider offering such a service. The two companies declined to comment on any potential deal.

You will note that the link to “press reports” (plural) brings you to Wyatt’s Thursday story (singular), now disputed by Google. Indeed, writing that Google and Verizon have declined to comment may be true in a technical sense, but it strikes me as disingenuous given Google’s full-throated denial. Verizon has since denied it as well.

Scott Morrison of Dow Jones has more on the sniping between the Times and the two companies, quoting Google spokeswoman Mistique Cano as saying, “The New York Times is quite simply wrong. We have not had any conversations with Verizon about paying for carriage of Google or YouTube traffic.”

But Times spokeswoman Diane McNulty says her paper is sticking by its story, commenting, “Google’s comment about the New York Times story refutes something the Times story didn’t say.”

A Times commenter, Dan K of Brooklyn (not me, I swear!), has some links to other coverage that raise the possibility that Google is pursuing separate strategies regarding Verizon’s broadband and cellular networks, and that the Times may have confused the two.

But the Times story, if accurate, is a huge embarrassment for Google, which has long been a corporate leader in the fight to preserve the principle that all Internet traffic should be treated equally. Net neutrality is what allowed an upstart like Google to become a major media player in the first place, and it’s fostered independent news outlets ranging from Talking Points Memo to the guy in his mother’s basement who blogs about local zoning issues.

Save the Internet has responded to all this with a new campaign called “Dear Google: Don’t Be Evil.”

The closing of the Internet*

By Dan Kennedy

On August 5, 2010

In Media

Imagine you are trying to start a news site in your community. Your competitor, part of a national chain, offers instant-on, full-screen HD video and a host of other data-intensive features that load the moment you hit “click.” But though you have a broadband connection, even simple videos that you’ve posted load slowly and play in fits and starts.

So you call your Internet provider — most likely Verizon and Comcast — and ask what’s going on. A sales person explains to you that if you want your readers to enjoy the same rich multimedia content as you competitor, then all you have to do is pay another $1,000 a month.

You can’t. You struggle on. And, within six months, you shut down.

That is a likely scenario if we move away from net neutrality — a vitally important principle that all Internet traffic should be treated the same. The FCC has been trying to mandate net neutrality, only to be shot down in the federal courts. And today the New York Times reports that Google and Verizon have been involved in negotiations to come up with a multi-tiered Internet with different levels of service and different levels of pricing. [Update: Or perhaps not. See below.]

“It’s like the end of ‘Animal Farm’ where pigs and humans sit down at the dinner table,” tweeted new-media strategist Steve Yelvington. In fact, Google at one time had been a leader in pushing for net neturality.

Please understand what net neutrality is not. There is nothing wrong with charging consumers more for better Internet service. Broadband costs more than dial-up, and fast broadband costs more than slow broadband. That’s life.

Rather, this involves the other end of the pipe, to fees that content-providers would pay in order to receive preferential service. It would make it far more difficult for start-ups, low-budget projects and non-profits to compete with big media sites. You might say that’s the whole idea.

Net neutrality is the baseline requirement for diverse, independent media. Those of us who spent years railing against corporate media consolidation have been pleasantly surprised, as numerous little guys — including significant players at the international, national and local levels — have been able to make their voices heard.

Along with the advent of closed systems such as Apple’s iPad and iPhone, the demise of net neutrality could mark the beginning of the end of this media explosion, and a return to business as usual.

Josh Silver, president of the advocacy organization Free Press, calls the pending Google-Verizon deal “the end of the Internet as we know it.” Timothy Karr, campaign director of Free Press, offers some further thoughts.

For more information, including what you can do, check out Save the Internet.

*Update: Sharp-eyed reader Nick Mendez found a tweet from Google Public Policy claiming that the Times got the story wrong. According to @googlepubpolicy: “@NYTimes is wrong. We’ve not had any convos with VZN about paying for carriage of our traffic. We remain committed to an open internet.”

Wow. This bears watching. Will the Times retract the story?

Elena Kagan’s First Amendment moment

By Dan Kennedy

On July 14, 2010

In First Amendment, Free speech

I’ve got a piece up at the Guardian on Tuesday’s federal appeals court decision overturning an FCC rule regulating indecent content. And I argue that it may be a major First Amendment test for the U.S. Supreme Court and its soon-to-be newest member, Elena Kagan.