February 1999

Communications-related Headlines for 2/26/99

INTERNET/INFOTECH
FCC Rules Dialing Web Is Long Distance (WSJ)
Gateway Plans to Offer Free Net Service (NYT)
Caveat Emptor on the Web: Ad and Editorial Lines Blur (NYT)
Read All About IT -- by the Roadside (WP)
Ruling Blocks Abortion Foes On Web Site (WP)
Reader's Digest To Boost Internet, Health Roles (WSJ)
Job Kiosk a High-Tech Search Tool (ChiTrib)

ENCRYPTION
Lawmakers Renew Encryption Battle (CyberTimes)

MERGERS
SBC Says ICC Staff Report is Distorted (ChiTrib)
Eye-Popping, Half-Cocked Idea Makes Point (ChiTrib)

TELEPHONE REGULATION
FCC Releases Audit Reports on RBOCs' Property Records (FCC)
U.S. House Passes Cellphone Privacy Act (SJ Merc)
Cuba Fails To Halt Phone Service from US as Firms Reroute Calls (WSJ)
Deutsche Telekom, Phone Home (NYT)

SATELLITE
Judge Rules Against DirecTV (WP)

CAMPAIGN FINANCE
Slight Shift on Campaign Finance Reform (WP)

ANTITRUST
FTC Chairman Urges Caution on Tech Breakups (WP)

INTERNET

FCC RULES DIALING WEB IS LONG DISTANCE
Issue: Internet
The Federal Communications Commission ruled yesterday that connecting to the
Internet is a long-distance call, not a local one. FCC Chairman Bill Kennard
said this is not an attempt to regulate the Internet. The FCC's Larry
Strickling said, "This won't change how consumers access the
Internet or what they pay." What it will change is the relationship between
Baby Bells and independent phone companies. Many Internet service providers
contract with independent phone companies. The Baby Bells must then pay the
independents for routing calls onto the Internet. By defining an Internet
dial-up as a long distance call, the FCC is saying the independent phone
companies no longer have jurisdiction and therefore don't get paid. However,
existing agreements with local independents will be enforced, said John
Windhausen Jr., president of the Association for Local Telecommunications
Services. FCC Commissioner Harold Furchtgott-Roth abstained from the vote,
arguing that labeling an Internet call long-distance means it should be charged
to the customer as such. Some consumer groups are worried that price hikes may
result from the ruling. Scott Cleland, managing director of Legg Mason
Precursor Group says the opposite is true: "by opening the door to
negotiations, the FCC is trying to force Baby Bells and independents to reduce
rates for Internet and voice calls."
[SOURCE: Wall Street Journal (B3), AUTHOR: Kathy Chen]
http://wsj.com/
See also:
FCC RULES INTERNET DIAL-UP CALLS ARE INTERSTATE CALLS
[SOURCE: New York Times (C3), AUTHOR: ASSOCIATED PRESS ]
http://www.nytimes.com/library/tech/99/02/biztech/articles/26access.html
FCC ADOPTS ORDER ADDRESSING DIAL-UP INTERNET TRAFFIC [SOURCE: News Release &
Statements ]
http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1999/nrcc9014.html
FCC EFFECTIVELY OVERTURNS STATE DECISIONS; OPENS DOOR FOR
INTERNET ACCESS CHARGES; FURCHTGOTT-ROTH DENIED COMMISSIONER RIGHTS
[SOURCE: Separate Press Release from the Office of Commissioner
Haroldfurchtgott-Roth]
http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr908.html
FEDERAL COMMUNICATIONS COMMISSION
[Source: Chicago Tribune Author: Associated Press]
http://chicagotribune.com/textversion/article/0,1492,SAV-9902260307,00.html

GATEWAY PLANS TO OFFER FREE NET SERVICE
Issue: Computers/Access
Gateway, the second largest direct seller of PCs, has plans to offer
customers one free year of Internet service. In explaining the motivation
for this move, Gateway's chief executive, Theodore W. Waitt, said "We talk
with more than 50,000 people every day and understand that most of them want
a computer so they can get on the Web." The deal will give consumers free
access the Internet for 150 hours each month. Additional time will be
charged at $1.50 per hour.
[SOURCE: New York Times (Online), AUTHOR: Bloomberg News]
http://www.nytimes.com/library/tech/99/02/biztech/articles/26gate.html

CAVEAT EMPTOR ON THE WEB: AD AND EDITORIAL LINES BLUR
Issue: Advertising
On the Internet, lines between advertising and content are not drawn as
clearly as they are in traditional media outlets. Advertisements are "woven
into the very fabric of the World Wide Web," observe Hansell and Harmon. The
site for Fox's series "Dawson's Creek", for example, has ads for Dep hair
products on the same page as a story about its characters getting their
hair done at Dep Dapeside Salon. While some Internet executives claim that
people don't care about, or even expect, editorial independence on the web,
other say that this attitude may hurt the industry in the long run. "People
still do not trust the Internet, and they are not ever going to if they feel
that the sites they go to are not being straight with them," says Richard
Gingras, the editor in chief of At Home Network.
[SOURCE: New York Times (A1), AUTHOR: Saul Hansell and Amy Harmon]
http://www.nytimes.com/library/tech/yr/mo/biztech/articles/26web.html

READ ALL ABOUT IT -- BY THE ROADSIDE
Issue: Advertising
While driving through the middle of California, the Post's Mark Leibovich
discovered high tech companies have discovered a low tech method of self
promotion and advertising: billboards. As Leibovich notes, "You don't need
to know the way to San Jose anymore. Just follow the really nerdy
billboards." An Avanti representative, whose company promotes itself on
billboards as "the very deep submicron leader," could not attribute any
sales to the billboards but said "they are a vital source of general
awareness for the company in this community." In case you are wondering,
here are how a few companies are promoting themselves: Acropolis -- Mission
Critical Computing Solutions, Frog -- Integration of Strategic Building,
Digital Media and Product Development, Apple -- Think Different, Lycos --
The Fastest Retriever in Cyberspace, Excite -- The Best Portal on the Web,
Novell -- The Quiet Revolution. [83 billboards in 65 miles? Mark, take a
week off. You've been working too hard. Go for a drive, no, better stay home.]
[SOURCE: Washington Post (E1), AUTHOR: Mark Leibovich]
http://www.washingtonpost.com/wp-srv/business/feed/biztop920030136893.htm

RULING BLOCKS ABORTION FOES ON WEB SITE
Issue: First Amendment
U.S. District Court Judge Robert E. Jones ruled Thursday that a website
called "The Nuremberg Files" will be banned from publishing "wanted" posters
and personal information on physicians who perform abortions. A federal jury
had agreed earlier this month to award $107 million to a group of doctors
who contended the purpose of the information was to create a "hit list" that
incited violence. The case has been view as an important test of speech
rights. In his decision yesterday Jones said the website is "a blatant and
illegal communication of true threats to kill." Attorneys for the 14
defendants in the case plan to appeal both the judge's and jury's rulings.
[SOURCE: Washington Post (A17), AUTHOR: Rene Sanchez]
http://www.washingtonpost.com/wp-srv/WPlate/1999-02/26/159l-022699-idx.html

READER'S DIGEST TO BOOST INTERNET, HEALTH ROLES
Issue: E-Commerce
Reader's Digest announced plans to invest $100 million into Internet sales and
services over the next two years. With its magazine database of 140 million
names of people over 50, the company will focus on marketing to this age group.
Products will be targeted toward five areas: "home, health, family, finance,
and faith," Reader's Digest chief executive, Thomas Ryder said. They are
seeking partnerships with financial institutions to offer a Reader's Digest
mutual fund and credit card. Ryder says they are already in discussions with
partners to start a direct-mail pharmaceutical and vitamin business. The
company is counting on faithful readers of Reader's Digest magazine, who are
fifty and older, to trust the name, Bounds reports.
[SOURCE: Wall Street Journal (B8), AUTHOR: Wendy Bounds]
http://wsj.com/

JOB KIOSK A HIGH-TECH SEARCH TOOL
Issue: Jobs/InfoTech
"We run the classified ads and phones just aren't ringing off the hook
anymore," said Linda Tucker, national Job Shop manager for Adecco, a
California employment agency. The solution -- an "ATM for jobs." Adecco
unveiled its Job Shop kiosk at a Chicago college campus yesterday. "Job
Shop will put ourselves out where the community is. We're taking our
recruiting net and throwing it out farther than anybody else. We're all
fishing in the same pond," said Ms. Tucker.
[SOURCE: Chicago Tribune (Sec 3, p.1), AUTHOR: Michael Ko]
http://chicagotribune.com/textversion/article/0,1492,SAV-9902260357,00.html

ENCRYPTION

LAWMAKERS RENEW ENCRYPTION BATTLE
Issue: Encryption
Representatives Bob Goodlatte (R-VA) http://www.house.gov/goodlatte and
Zoe Lofgren (D-CA) http://www.house.gov/lofgren -- along with 205 other
sponsors -- have introduced the Security and Freedom through Encryption Act
(SAFE), a bill that would lift the Clinton Administration's export controls
on the data scrambling technology. "All the stars are aligned. We are going
to move this very quickly out of the House," said one of the bill's
supporters, Rep Thomas A. Davis III (R-VA) http://www.house.gov/tomdavis.
"This legislation I think now is about ready where we can move it forward,"
House Majority Leader Dick Armey (R-TX) http://www.house.gov/armey said.
"This has been I think a difficult juxtaposition, the interest of the
Internet against national security. We will resolve that." "While we always
welcome additions to the public discussions about encryption, the SAFE bill,
as we understand it, continues to have the same problems it had last year,"
said William A. Reinsch, undersecretary of commerce, who as head of the
Bureau of Export Administration http://www.bxa.doc.gov carries out the
Administration's encryption policies. "Instead of the balanced approach
between commerce, privacy, law enforcement and national security the
President is seeking, this bill seeks to tilt the balance in favor of
commerce and privacy. In doing so, we believe it would harm our national
security and our ability to protect our citizens from drug dealers,
terrorist and other criminals." [Find more info on SAFE by searching on
H.R.850 at Thomas]
[SOURCE: CyberTimes, AUTHOR: Jeri Clausing jeri( at )nytimes.com]
http://www.nytimes.com/library/tech/99/02/cyber/articles/26encrypt.html

MERGERS

SBC SAYS ICC STAFF REPORT ID DISTORTED
Issue: Mergers
Executives at SBC accused regulators at the Illinois Commerce Commission of
misrepresenting the views of James Kahan, SBC senior vice president of
corporate development. ICC staff quoted My. Kahan's testimony that suggested
that SBC's primary concern is high-margin business customers rather than
low-margin residential customers. "Kahan clearly drew the distinction
between an incumbent's obligation to serve any and all customers -- an
obligation that Ameritech has today and will retain after the merger --
versus a competitive local exchange carrier's freedom to compete for any
customer, which SBC will have in markets outside of the SBC/Ameritech
region," said a SBC statement. The ICC's hearing officer has received
hundreds of pages of testimony is support of and in opposition to the
proposed merger. A recommendation to ICC Commissioners will be made this
Spring -- the Commission must vote on the matter before July.
[SOURCE: Chicago Tribune (Sec 3, p.1), AUTHOR: Jon Van]
http://chicagotribune.com/textversion/article/0,1492,SAV-9902260354,00.html

EYE-POPPING, HALF-COCKED IDEA MAKES A POINT
Issue: Mergers, Really Big Ones
CBS-NBC-CNBC-MSNBC-CNN? Vanna, may I buy a vowel? Top CBS executive Mel
Karmazin told advertising executives that he'd like to buy NBC, if
government rules did not prevent it. Here's all he'd have to do: 1) convince
the FCC to change its rules about controlling more than 35% of the broadcast
audience; 2) raise $20 billion to buy the competing network; and then 3)
convince everyone why he wants a network with no football and "a now
tarnished Olympics franchise." Mr. Karmazin's point is that there's all this
consolidation going on, but he doesn't get to play [maybe Mr. Greising
didn't do his homework on how Mr. Karmazin became head of CBS...] "But just
because Karmazin should be allowed to create [a combined] network does not
make it a good idea," Greising writes. This is the guy, by the way, who
brought Howard Stern to television.
[SOURCE: Chicago Tribune (Sec 3, p.1), AUTHOR: David Greising
dgreising( at )tribune.com]
http://chicagotribune.com/textversion/article/0,1492,SAV-9902260136,00.html

TELEPHONE REGULATION

FCC RELEASES AUDIT REPORTS ON RBOCs' PROPERTY RECORDS
Issue: Telephone Regulation
February 24, 1999, the Commission adopted orders to release certain
staff-level Audit Reports concerning property records of the Regional Bell
Operating Companies (RBOCs). Continuing Property Records (CPRs) are a
component of the telephone company's accounting records that provide
descriptive inventories and cost documentation of the company's plant,
property, and equipment used for providing regulated telecommunications
services. Approximately one-half of a telephone company's costs are
associated with the capital investment that is recorded in its CPRs....The
audits examined the hard-wired central office equipment of the companies.
"Hard-wired" equipment in central offices represents the items generally
fixed in place (frames, switches, batteries), as opposed to "plug- ins,"
which are relatively portable (line cards). The hard-wired investment in
central offices represents approximately one-fourth of the total capital
investment for a telephone company. For example, for the RBOCs, the total
investment in network plant is about $200 billion; of this, hard-wired
central office equipment represents approximately $47 billion. The audit
reports found that the RBOCs' book costs may be overstated by approximately
$5 billion. The RBOCs disagree with these audit reports and have filed their
responses with the Division.
[SOURCE: FCC]
http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1999/nrcc9015.html

U.S. HOUSE PASSES CELLPHONE PRIVACY ACT
Issue: Telephony
Overwhelmingly the House passed a bill Thursday that would make it illegal
to intentionally intercept, or disclose, any cellular telephone conversation
or other wireless communication. It also bans modifications of scanners to
pick up some calls from cellular phones and bans new scanners that can
intercept digital signals. The bill also orders the Federal Communications
Commission to consider placing a warning label on scanners about
intercepting wireless communications. After the 403-3 vote, the bill now
moves to the Senate.
[SOURCE: San Jose Mercury News, AUTHOR: Reuters]
http://www.mercurycenter.com/svtech/news/breaking/merc/docs/081985.htm

CUBA FAILS TO HALT PHONE SERVICE FROM US AS FIRMS REROUTE CALLS
Issue: International
By cutting off funds owed to the Cuban phone company, Etecsa, US district-court
Judge James King of Miami hoped to get the Cuban government to pay $187.6
million in compensation to the families of four anti-Castro, Cuban-American
activists who were killed by the Cuban air force in 1997. Instead, the Cuban
government shut down phone lines between the US and Cuba Wednesday in protest
of the $19 million that US phone companies are withholding. An AT&T spokeswoman
said that calls are getting through by re-routing through third countries. Last
month, US lawyers argued against withholding the Etecsa's funds, saying that
the phone company is independent from the government and shouldn't be held
liable for the deaths. The phone service shut down comes in the wake of a new
Cuban law that calls for severe punishments for Cuban citizens caught
collaborating with the 37-year-old US trade embargo with Cuba or communicating
with US media. This Cuban action puts tension on the latest Washington policy
of easing regulations on the trade embargo, which the Castro government has
condemned.
[SOURCE: Wall Street Journal (A13), AUTHOR: Jose de Cordoba]
http://wsj.com/

DEUTSCHE TELEKOM, PHONE HOME
Issue: International/Telephony
As the European Union member countries move towards opening their telephone
markets, some former monopolies are encountering the harsh shock of
competition, while for others its still business as usual. Nowhere have
the winds of competition been felt as in Germany, where the national carrier,
Deutsche Telekom, has lost already 30% of its long distance market since the
door to competition was blown open just one year ago. [You go, metaphor-girl]
A young cellular company called Mobilcom has managed to become Telekom's
biggest rival by
simply reselling services over lines leased form the former monopoly
carrier. "You can build your own infrastructure, but the start-up losses are
very high," said Gerhard Schmid, founder of Mobilcom. Schmid was able to
attract customers by offering rates that were 70% lower than Telekom's
prices. Although slow to respond, Telekom's rates have fallen dramatically
as well. The result is an all out price war -- involving several companies -
with no end in sight.
[SOURCE: New York Times (C1), AUTHOR: Edmund Andrews]
http://www.nytimes.com/yr/mo/day/news/financial/europe-telecom.html

SATELLITE TV

JUDGE RULES AGAINST DIRECTV
Issue: Satellite
A federal judge in Florida yesterday issued a 10-day restraining order
barring DirectTV from delivering CBS and Fox television network programming
and setting a March 8 hearing on a permanent restraining order. The
direct-broadcast service said it will immediately begin shutting off service
to roughly 300,000 customers. CBS, Fox, NBC and ABC asked the Miami judge to
bar DirectTV from carrying their programming via satellite. A permanent
restraining order could include NBC and ABC programming. The legal wrangling
is the latest result of a dispute over interpretation of federal law which
allows satellite systems to provide network programming to viewers who
cannot receive the local affiliate of a network using a television antenna.
In Congress Rep. Billy Tauzin (R-LA) introduced legislation yesterday that
would grant a 90-day moratorium for customers facing the loss of the network
signals, while requiring the Federal Communications Commission to develop a
more reliable method of determining who qualifies to receive network signals
via satellite.
[SOURCE: Washington Post (E1), AUTHOR: Mike Mills]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/directv26.htm

CAMPAIGN FINANCE REFORM

SLIGHT SHIFT ON CAMPAIGN FINANCE REFORM
Issue: Campaign Finance
Sen. Mitch McConnell (R-KY), a leader against congressional efforts to change
campaign fundraising rules, seemed to soften yesterday. He said he is now
willing to explore a compromise on the previously intractable issue and will
work with Sen. Christopher J. Dodd, (D-CT) the new ranking Democrat on the
Senate Rules Committee, on the issue. While not talking about specifics,
Sen. McConnell suggested it might include raising the cap on the amount of
"hard money" that individuals can contribute to candidates in exchange for
curbs on unregulated, unlimited "soft money" donations to political parties
by corporations, unions and wealthy individuals. Sen. McConnell's initiative
came as a bipartisan group of lawmakers who steered a campaign finance bill
through the House last year mounted a new effort for a House vote this
spring to pressure the Senate to act before next year's elections.
[SOURCE: Washington Post (A15), AUTHOR: Helen Dewar]
http://www.washingtonpost.com/wp-srv/politics/special/campfin/stories/finan
ce022699.htm

ANTITRUST

FTC CHAIRMAN URGES CAUTION ON TECH BREAKUPS
Issue: Antitrust
Speaking to antitrust lawyers at an American Bar Association workshop,
Federal Trade Commission Chairman Robert Pitofsky said antitrust regulators
should "proceed cautiously" in considering the forcible breakup of high-tech
firms. He said, "It is essential to acknowledge that high-tech industries
are different and enforcement must take those differences into account." He
did not make specific references, but both Microsoft Corp. and Intel Corp.
are presently involved in prominent antitrust cases. In staking out a middle
ground, Chairman Pitofsky suggested "antitrust enforcers should proceed
cautiously in breaking up or mandating access to an existing network, even
when that network is dominant." The FTC noted that Chairman Pitofsky's
remarks do not necessarily reflect the views of the commission or any other
commissioner.
[SOURCE: Washington Post (E1), AUTHOR: Tim Smart]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/antitrust26.htm
For your daily fix on the Microsoft trial, see also:
MICROSOFT TRIAL FOCUSES ON GATEWAY DOCUMENT
[SOURCE: Washington Post (E1), AUTHOR: Rajiv Chandrasekaran]
http://www.washingtonpost.com/wp-srv/business/longterm/microsoft/micro.htm
MICROSOFT'S BEST HOPE IS TO CONTAIN DAMAGE
[SOURCE: San Jose Mercury News, AUTHOR: Dan Gillmor]
http://www.mercurycenter.com/svtech/columns/gillmor/docs/dg022699.htm

*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*
...and we are outta here. Happy Friday -- have a great weekend.

Communications-related Headlines for 2/25/99

E-COMMERCE/INFOTECH
Amazon Buys Stake In Upstart Drugstore.Com (WSJ)
Sites Find New Ways to Profit (WP)
Privacy Concerns Aside, Consumers and Schools Rush to Get Free PCs (NYT)

MERGER
Phone Merger Blasted by ICC Staff ChiTrib)

TELECOMMUNICATIONS/REGULATION
Speech: Moving On (FCC)
Speech: Furchtgott-Roth at the Federal Communications
Bar Association (FCC)

SATELLITE TV
DirecTV, Congress Scramble To Avoid Network Cutoff (WSJ)

BUDGET ISSUES
U.S. Lawmakers Want Permanent Research Tax Credit (SJM)

POLITICS
High-Tech Entrepreneurs Dive Into California Politics (CyberTimes)

ANTITRUST
Microsoft Officials Deny Sabotage (WP)

E-COMMERCE/INFOTECH

AMAZON BUYS STAKE IN UPSTART DRUGSTORE.COM
Issue: E-Commerce
Amazon.com bought 40% of Drugstore.com, a 7-month-old online company that wants
to sell everything from toothpaste to Prozac, Anders reports. Amazon's CEO,
Jeffrey Bezos said the U.S. pharmaceutical market is six times greater than the
book business and there are similarities between what people want in books and
what they want in drugs that makes it a good duo: "Customers want selection,
convenience, price, and information." Amazon will share management tips with
Drugstore.com and lead Amazon customers to the drug retailer through their
website. Bezos says further Amazon investments in other retail websites are
likely. The Seattle-based online drug seller does not hold inventory and has
contracted with two Texas distributors. Peter Neupert, Drugstore.com's CEO says
they have hired 35 pharmacists to oversee the prescription process. Doctors must
fax in prescriptions in line with state regulations. He also says the company
won't host web ads on its site, for fear that customers will not be trusting of
the site's information.
[SOURCE: Wall Street Journal (B1), AUTHOR: George Anders]
http://wsj.com/
See also:
Drugstores Next for Internet
[SOURCE: San Jose Mercury News, AUTHOR: Charlie McCollum]
http://www.mercurycenter.com/svtech/news/indepth/docs/drugs022599.htm
PRESCRIPTION FOR SUCCESS: THE SMART WAY TO SHOP FOR DRUGS ONLINE
http://www.anchordesk.com/a/adt0225ba/3131

SITES FIND NEW WAYS TO PROFIT
Issue: Electronic Commerce
Internet companies are devising clever new methods for wheedling money out
of visitors to their websites. Most of the Internet has been left out of the
financial bonanza of Web advertising. Of last year's projected $2 billion in
Web advertising revenue, 70 percent went to the Internet's top 10 sites,
according to the Internet Advertising Bureau. Most Web content is handed out
for free; only a few sources, usually with financial information (the Wall
Street Journal) or sex, can ask for a premium price for everything. Efforts
at finding advertising generally fall between the two extremes. Often they
mix free content with time-based, event-based and a la carte payment
systems. Microsoft's Slate stopped charging for their site when editor
Michael Kinsley noted the "spreadsheet wizards" convinced him that the extra
traffic and advertising from a free site would more than exceed Slate's lost
subscription fees. He learned that "Web readers surf" and "are unlikely to
devote a continuous half-hour or more" to a single site.
[SOURCE: Washington Post (E1), AUTHOR: Leslie Walker]
http://www.washingtonpost.com/wp-srv/business/feed/biztop919945605056.htm

PRIVACY CONCERNS ASIDE, CONSUMERS AND SCHOOLS RUSH TO GET FREE PCS
Issue: Privacy/Access
Over one million people have signed up to receive free computers from
Free-PC, the company that announced it would give away 10,000 computers to
people who agree to watch adds and disclose personal information. Almost
6,000 schools have signed up for a similar offer from Zap It, which has
already given 55 schools computers with satellite-based Internet
connections. The Zap It computers display advertising in the left-hand
corner on the screen. While these deals seem popular with schools and
consumers, they make privacy advocates a little uncomfortable. These free
PCs will have the ability to closely monitor user habits as well as simply
displaying advertising. "You're letting a surveillance device into your
home," says Jason Catlett, president of an organization that opposes
intrusive marketing. Some school officials have responded just as negatively
to the Zap Me offering, "arguing that their mission is to educate, not act
as an advertising conduit," writes Richtel. Ted Maddock, technology
coordinator for one of the schools that has Zap It computers, doesn't see
things that way. "Someone offered us $70,000 worth of computers," Maddock
said. "It's been working well."
[SOURCE: New York Times (E7), AUTHOR: Matt Richtel]
http://www.nytimes.com/library/tech/99/02/circuits/articles/25free.html

MERGER

PHONE MERGER BLASTED BY ICC STAFF
Issue: Mergers
The staff of the Illinois Commerce Commission has filed a "broad and
stinging denunciation" of the proposed SBC-Ameritech merger. The staff
concludes that the merger would stifle competition [who would have guessed
that] and hurt residential phone service. The staff report may scuttle hopes
of a compromise as seen in Ohio earlier this week. ICC's staff attorney's,
led by Darryl Reed, warn that the merged company would require tight state
regulation -- regulation that would be much more difficult than it has been
to supervise Ameritech: "Approval of the merger will delay, perhaps
indefinitely, the transition from regulated telecommunications markets to a
greater
reliance on competition, even if conditions are attached to the merger," Mr.
Reed and his colleagues wrote. "As a result, a merged SBC/Ameritech will
require greater regulatory oversight. Simply put, approval of the merger is
a statement for regulation over competition." Based on SBC's own statements,
the staff report says, "the proposed merger will diminish Ameritech's
ability to provide adequate, reliable, efficient, safe and least-cost public
utility service" as Illinois law requires. Obviously in denial, Ameritech
Chairman Richard Notebaert said, "Our merger is gaining momentum," in a
reference to the deal with the Ohio utility commission's staff. While he
cautioned that the Ohio commissioners themselves must still vote on
approving the merger, Mr. Notebaert said he is encouraged the SBC/Ameritech
merger will ultimately win regulatory approval. [I mean, what else is he
going to say?]
[SOURCE: Chicago Tribune (Sec 3, p.1), AUTHOR: Jon Van]
http://chicagotribune.com/textversion/article/0,1492,ART-24009,00.html

TELECOMMUNICATIONS/REGULATION

SPEECH: MOVING ON
Issue: Telecommunications
Chairman Kennard's Remarks before the NARUC Winter Meeting in Washington,
DC: Like you, I feel enormously privileged to be involved with the telecom
industry now as we begin these historic transformations from an analog age
to a digital one; from a world of monopoly to a world of competition; and
from an era of basic services to an era of convergence. This technological
transformation began in our nation's labs and universities. It began with
the hard work and vision of people willing to take risks on new ideas and
new technologies. And it began because government created the opportunities
for scientists and entrepreneurs to take these chances. Indeed, our
contribution to this communications revolution has been our privilege, our
responsibility to follow through on the wishes of Congress in implementing
the Telecommunications Act of 1996. In drafting this bill, the foundational
document for the competitive, high-tech world to come, Congress reached back
to one our oldest values: choice.
[SOURCE: FCC]
http://www.fcc.gov/Speeches/Kennard/spwek909.html

SPEECH: FURCHTGOTT-ROTH AT THE FEDERAL COMMUNICATIONS BAR ASSOCIATION
Issue: FCC/Regulation
Commissioner Furchtgott-Roth's Remarks to the Federal Communications Bar
Association: Most Americans, though, do not understand Washington beyond the
passing images of a few famous people on television. Most have never been to
Washington, or even know anyone in Washington. It is a very distant city.
These Americans have never heard of the FCC or the FCBA. When they have a
communications problem, they don't call you or me. They don't know we exist.
They may not know that some communications problems are created and solved
in Washington. Or to the extent they know, they may believe that they have
no capacity to be listened to in Washington beyond
the anonymity of a phone call, letter, or e-mail to an unknown recipient in
Washington. But these ordinary Americans, these mere citizens, have voices.
Voices that can get angry at times.... I
would like to give that answer. Begin by saying that the FCC is an agency
that simply follows the federal communications law as written by Congress.
More specifically , the FCC should follow the law narrowly as it is written
in statute, consistent with the Constitution and with court decisions. We at
the FCC are law-followers, not lawmakers. We are merely regulators with
limited power conferred by statute. Moreover, we do not even make "policy."
Congress sets federal telecommunications policy. It is our duty to follow
it....If we at the FCC lack the specific authority to force an individual,
company, or industry to do something in one area, we must
not threaten action in a different area where we actually do have power, in
order to achieve the same result. All too often, I have seen the threat of
regulation in one area used to influence decisions in another area. In my
view, this is outside the law. I don't believe that the ordinary American
could fathom how a police officer in their home town could decide whether to
give a car a parking ticket based on whether or not the owner was appealing
an unrelated speeding ticket. The Commission must also abide by the
Administrative Procedure Act and its requirements for open and transparent
rulemakings: No decisions behind closed doors; An agency open and
transparently visible to all Americans; An agency with no secret documents
or secret rules. Open process is something ordinary Americans understand....
How should we explain discretion to
ordinary Americans? First, have humility about the power of regulation.
Second, keep it simple and predictable. Third, where there is discretion,
let governmental decisions be made as close to the people as possible.
Fourth, where regulation is required by law, try to make sure that benefits
significantly exceed the costs. Fifth, view new technology as an opportunity
to reduce, not to expand, regulation.
[SOURCE: FCC]
http://www.fcc.gov/Speeches/Furchtgott_Roth/sphfr901.html

SATELLITE TV

DIRECTV, CONGRESS SCRAMBLE TO AVOID NETWORK CUTOFF
Issue: Broadcast/Satellite TV
In order to avoid the court ordered shut-off of satellite signals of network
broadcasting to viewers, Rep. John Dingell (D-MI) will introduce a bill this
week that would allow satellite-TV viewers to continue receiving the network
signal until the Federal Communication Commission can decide on a fair standard
in determining eligibility. The battle began when CBS and Fox complained that
PrimeTime 24, a satellite-TV carrier, was illegally packaging their broadcasts
and sending them to viewers. Miami federal court ordered a shut-off for 700,000
subscribers by this Sunday and another 1.5 by April 30. In other legislation,
to avoid the shut-off, the Senate Judiciary Committee is likely to approve a
bill today that would resolve the copyright problem facing satellite-TV
servers. Senate Commerce Committee is set to vote on a bill next Wednesday,
introduced by Chairman John McCain (R-AZ), that would allow satellite carriers
to retransmit network signals locally. Meanwhile, DirecTV, the largest
satellite-carrier in the country is trying to avoid the court-ordered shut-off
by no longer using PrimeTime 24, but providing network programs themselves. A
DirecTV spokesman said, "That way, we are no longer under the court order,
which applies only to PrimeTime 24." Not so fast--four major networks plan on
asking the court to impose a temporary restraining order against the move.
[SOURCE: Wall Street Journal (B2), AUTHOR: Kathy Chen]
http://wsj.com/
See also:
SATELLITE TV BATTLE RAGES
[SOURCE: San Jose Mercury News, AUTHOR: Jon Healey]
http://www.mercurycenter.com/svtech/news/indepth/docs/dbs022599.htm

BUDGET ISSUES

U.S. LAWMAKERS WANT PERMANENT RESEARCH TAX CREDIT
Issue: Competition, Employment
A bipartisan coalition of US lawmakers Wednesday proposed legislation to
encourage high-technology companies to invest billions of dollars more in
research and development to create US jobs and keep foreign competitors at
bay. The bill would make the federal Research and Development Tax Credit
permanent, with an estimated cost of $2.5 billion per year. Congress has
pass nine extensions to the law since its inception in 1981. A Coopers and
Lybrand study concluded that permanent extension of the tax credit would
lead to a $41 billion increase in US research and development spending
through 2010. The bill was introduced by Representative Nancy Johnson (R-CT)
and co-sponsored by 90 lawmakers.
[SOURCE: San Jose Mercury News, AUTHOR: Reuters]
http://www.mercurycenter.com/svtech/news/breaking/reuters/docs/180969l.htm

POLITICS

HIGH-TECH ENTREPRENEURS DIVE INTO CALIFORNIA POLITICS
Issue: Democracy/Technology
In Silicon Valley, some high-tech entrepreneurs have begun to show an
interest in politics. They are finding, however, that the political process
moves forward at a much different rate than the rapidly evolving technology
industry they are used to. Tim Draper, a venture capitalist, discovered this
democratic reality when he attempted to use the Internet to collect
signatures for a school choice initiative in California. Electronic
signatures, he learned, are not legal on California petitions. Silicon
Valley is easily frustrated a political system in which change can only
occur as a result of painstaking consensus regardless of technological
realities. "The whole deliberative system just seems like a waste of time to
the technologists," said Bruce Cain, a political scientist at the University
of California at Berkeley. He became aware of this perspective when students
asked him why they could not just eliminate government and vote on policy
issues from their laptops.
[SOURCE: CyberTimes, AUTHOR: Rebecca Fairley Raney]
http://www.nytimes.com/library/tech/99/02/cyber/articles/25politics.html

ANTITRUST

MICROSOFT OFFICIALS DENY SABOTAGE
Issue: Antitrust
In testimony at the Microsoft antitrust trial yesterday Erik Engstrom, a
Microsoft engineer, said that his company wanted Apple Computer not to
distribute multimedia software that competed with a Microsoft product, but
he denied that Microsoft sabotaged its product after Apple balked. His
testimony disagreed with that of Apple executive Avadis Tevanian who
testified as a government witness earlier in the trial. Later in the day
Joachim Kempin, a Microsoft senior vice president, defended limits the
company placed on the way personal computer makers can alter Microsoft's
dominant Windows operating system. He said the company did not want anyone
to tamper with the "good design" of its products. The pace of the trial has
picked up this week in hopes that the company's defense can conclude by
Friday to permit a recess of several weeks.
[SOURCE: Washington Post (E3), AUTHOR: Rajiv Chandrasekaran]
http://www.washingtonpost.com/wp-srv/business/feed/biztop919945618816.htm
See also:
EXECS DENY PRESSURING APPLE, GATEWAY
[SOURCE: San Jose Mercury News, AUTHOR: David L. Wilson]
http://www.mercurycenter.com/business/microsoft/trial/

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Communications-related Headlines for 2/24/99

EDTECH
Report Calls For Teacher Training in Technology (CyberTimes)

MERGERS
SBC-Ameritech Proposed Merger Moves Closer (ChiTrib)

INTERNET/INFOTECH
No Speed Limits on the New Infobahn (WP)
Panel to Urge Big U.S. Effort In Technology (NYT)
Price Of Internet Banner Ads Slips As Web Sites Proliferate (WSJ)
Tech Firms Slow To Use Direct Web Sales (SJ Merc)
Virginia Law Would Make Spamming A Crime (SJ Merc)
Viacom Plans to Create Online Music and Children's Sites (NYT)

SATELLITE
DirecTV Says It Can Avert CBS, Fox Cutoff (WP)

EDTECH

REPORT CALLS FOR TEACHER TRAINING IN TECHNOLOGY
Issue: EdTech
A new report by the CEO Forum on Education and Technology echoes the
findings of other recent studies: teachers are not receiving adequate
training to use technology in the classroom. The CEO Forum, a DC-based group
of executives who advocate the use of technology in education, found that
insufficient tech training is not only a problem for veteran teachers.
According to the report, many teacher colleges fall short in preparing the
next generation of educators for the classrooms of the 21st century. Up to
one third of teacher education programs suffer from inadequate or out-of-date
technological resources to effectively train new teachers in using
computers in the classroom. The CEO Forum, which was set up to issue four
reports looking at different aspects of technology in schools, has received
some criticism from individuals who question the impartiality of the group's
members, most of whom come from high-tech companies that benefit from
technology spending in the schools.
[SOURCE: CyberTimes, AUTHOR: Pam Mandels]

MERGERS

SBC-AMERITECH PROPOSED MERGER MOVES CLOSER
Issue: Merger
In Ohio, opponents to the SBC-Ameritech merger have struck a deal with the
phone giants. Public interest advocates have dropped their opposition to the
deal with promises from the company to freeze phone rates charged to Ohio
consumers until 2002, pay up to $50 million if phone service quality goals
aren't met and keep phone service employment levels in the state stable for
at least two years after the merger. The Ohio public utilities commission
staff will now recommend that the deal be approved when Commissioners vote
on it. SBC also agreed to measures aimed at increasing competition in Ohio
including a vow to offer service in four Ohio markets where Ameritech
doesn't now operate, reduce the rates charged to competitors for network
components and provide the biggest discount in the nation for resale of
network service, Van reports. The merger also needs to be approved in
Illinois where the staff of the utility commission is already on the record
as opposing the deal. Additional opponents are not backing down with the
announcement from Ohio: "Our position is the same as that of the Illinois
attorney general and the state's attorney of Cook County," said Martin
Cohen, executive director of the Citizens Utility Board. "The merger as now
proposed doesn't pass the legal standards to be approved. The Illinois
statute is much tougher than the one in Ohio. "We've seen nothing from SBC
in Illinois to suggest any flexibility in their position. But if they wanted
it, we would sit down and discuss things. It never hurts to talk, and in
some cases there may be some benefit to consumers."
[SOURCE: Chicago Tribune (Sec 3,p.1), AUTHOR: Jon Van]
http://chicagotribune.com/textversion/article/0,1492,ART-23942,00.html

INTERNET/INFOTECH

NO SPEED LIMITS ON THE NEW INFOBAHN
Issue: Bandwidth
The Abilene Project hopes to be the successor to today's Internet by
offering an ultra-high-speed system with vastly superior video and audio
capabilities. Abilene initially will connect 37 US universities and allow
researchers and scientists seamless access to one another's wisdom through a
network built almost entirely with equipment donated by private companies
and no direct federal subsidies. Douglas Van Houweling, president of the
University Corporation for Advanced Internet Development (UCAID), which is
overseeing the project, said Abilene represents a return to the pure
research roots of the Internet. The Abilene Project is an outgrowth of
Internet2, an effort of a consortium of scientists to circumvent the
congestion and speed bumps of today's Internet. More than 60
Internet2-affiliated universities and research organizations will be
connected to Abilene by the end of 1999.
[SOURCE: Washington Post (E1), AUTHOR: Mark Leibovich]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/internet24.htm

COMMISSION WANTS MORE FUNDING FOR RESEARCH ON INFORMATION TECHNOLOGY
Issue: InfoTech
A presidential advisory committee plans to recommend increased federal
spending for technology research. The advisory committee, group divided
about equally between university researchers and high-tech executives,
recommends that annual federal financing for information-technology research
increase by $1.3 billion during the next five years. "It's a societal
investment. What we need to create is a Silicon Continent, not just Silicon
Valley," said Bill Joy, a founder of Sun Microsystems and co-chairman of the
advisory committee. The majority of the requested funds would go to
universities, not private industry. In an unusual recommendation from those
in the technology sector, the group has also called for social science
research on the impact of technology. They recommend the study of issues
including access to technology, upgrading of workers' skills and encouraging
increased participation in the computer sciences by women and minorities.
[SOURCE: New York Times (C1), AUTHOR: Steve Lohr]
http://www.nytimes.com/library/tech/99/02/biztech/articles/24tech-fundin...

PRICE OF INTERNET BANNER ADS SLIPS AS WEB SITES PROLIFERATE
Issue: Advertising
As more websites are selling advertising space, costs for web banner ads are
declining, says Acknowledge, a firm in Palo Alto that helps companies buy ads.
Chan Suh, Chief Executive of Agency.com in New York offers some further reasons
for the decline. While web publishers claim users see the ad whether they do
act on it or not, advertisers want to know how often someone clicks on their
ad. According to Suh this is happening only .5% of the time, compared to 2.5%
two years ago. Although prices are in decline, all banner prices are not equal.
Websites are charging more to place ads in sections where more "desirable
demographics" are likely to visit.
[SOURCE: Wall Street Journal (B8), AUTHOR:Suzanne Vranica ]
http://wsj.com/

TECH FIRMS SLOW TO USE DIRECT WEB SALES
Issue: Advertising
A fundamental irony -- computer companies helping customers develop
e-commerce while remaining reluctant to sell their own merchandise via
the Web -- is beginning to change. With sales of computers and electronic
equipment predicted to grow to $230 billion by 2001, computer companies are
venturing out onto the Web for direct
sales and trying to keep good relationships with their resellers at the same
time. One example is Santa Clara-based 3Com -- the company launched their
"e-business initiative" three months ago: "We definitely don't want to
disrupt the strength we have with resellers, says Eric Sternberg, 3Com's
Vice President of E-business. However, there are customers who want to buy
over the Web and we are doing a lot of work with our strategy in that
respect." To avoid overstepping
resellers, most companies are only offering a small portion of their
products for sale online, or serving as an information and referral service
to resellers. Resellers will have to provide alternative values in order to
continue to do well as computer companies begin to sell more. Net
Information Systems Inc. in Seattle, a Sun reseller, says they will survive
because of
their support services, including installation and maintenance.
[SOURCE: San Jose Mercury News, AUTHOR: Monua Janah]
http://www.mercurycenter.com/svtech/news/indepth/docs/online022499.htm

VIRGINIA LAW WOULD MAKE SPAMMING A CRIME
Issue: Regulation
Hold that send button! Virginia lawmakers have proposed a bill that would make
spamming --"unsolicited electronic mailings on the Internet" -- a crime. The VA
law would have nation-wide ramifications since America Online is based there
and half of the Internet infrastructure is routed through the state. The
American Civil Liberties Union (ACLU) said they will challenge the bill.
Kent Willis of the ACLU says it isn't a problem that justifies constraining
free speech. Gov James Gilmore (R) has promised to sign the bill that would
make spamming a misdemeanor with a fine up to $500. "Malicious" spamming
could be prosecuted as a felony. Internet service providers could sue
senders for $10 a message or $2,500 per day whichever is greater. Internet
subscribers could also seek money for damages.
[SOURCE: San Jose Mercury News, AUTHOR: Reuters]
http://www.mercurycenter.com/svtech/news/breaking/merc/docs/023500.htm

VIACOM PLANS TO CREATE ONLINE MUSIC AND CHILDREN'S SITES
Issue: Internet Content
Viacom is expected to announce a freestanding Internet unit that combines
the appeal of both the MTV and VH1 websites. Included in the plan for an
online music destination is Viacom's acquisition of Imagine Radio, the
Internet radio-station operator. The company also has plans to start a separate
children's site -- "Project Nozzle." Viacom's existing networks - including
MTV, VH1 and Nickelodeon --- will continue to operate separate sites, Viacom
executives said. Viacom says it is not interested in major Internet
acquisitions and has been skeptical of the rapid increase in value of young
Internet companies. Executives were prompted to the move by a report finding
heavy Internet users are also heavy TV viewers. While Viacom expects to sell
merchandise on the websites, and perhaps even partner with other retailers
such as Ticketmaster, they do not have plans to start a major CD retail site.
[SOURCE: New York Times (C21), AUTHOR: Geraldine Fabrikant ]
http://www.nytimes.com/library/tech/99/02/biztech/articles/24viacom.html

SATELLITE

DIRECTV SAYS IT CAN AVERT CBS, FOX CUTOFF
Issue: Satellite
With a court-ordered cutoff of CBS and Fox programming to hundreds of
thousands of satellite receivers, DirectTV said yesterday it can legally
continue the service by dropping PrimeTime 24, the company presently
supplying the programming. DirectTV will collect the signals of the four
major television networks itself and make them available after the Sunday
deadline. The broadcast industry has been fighting satellite companies'
practice of offering network programs to viewers via satellite rather than
requiring most viewers use antennas to pick up local network signals. Since
the lawsuit directly named PrimeTime 24, DirectTV says it can perform a
similar function legally. For its part, PrimeTime 24 is considering a breach
of contract lawsuit against DirectTV for dropping the service.
[SOURCE: Washington Post (A9), AUTHOR: Paul Farhi]
http://www.washingtonpost.com/wp-srv/business/feed/biztop919858000307.htm

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COMMUNICATIONS-RELATED HEADLINES for 2/19/1999

TELEVISION
Public Access Feeds Democracy in Raw,Televised Form (ChiTrib)
A Sweeping Look at Local News 'Specials' During the
All-Important Ratings Period (ChiTrib)

UNIVERSAL SERVICE/TELEPHONE
Statement of Commissioner Harold Furchtgott-Roth on Recommendation
of Schools and Libraries Committee of USAC (FCC)
Chairman Kennard's Statement on Funding of Rural Schools
and Libraries (FCC)
A Pro-Consumer, Pro-Competition Agenda (FCC)
Bells, GTE Ask Court To Further Delay FCC Price Rules (SJ Merc)

INTERNET
Proposal on Internet Names Favors Corporate Interests (CyberTimes)
Upgrade Begins on National Network (LA Times)
Junk E-Mail Filters Spawn a Suit Against Microsoft (CyberTimes)
Excite Pulls Adult Ads From Kid-Safe Site (SJ Merc)

PRIVACY
After Intel Chip's Debut, Critics Step Up Attack (CyberTimes)

ANTITRUST
Compaq Discloses It Feared Microsoft Retaliation (WSJ)
Linux Gaining Serious Momentum (SJ Merc)

TELEVISION

PUBLIC ACCESS FEEDS DEMOCRACY IN RAW,TELEVISED FORM
Issue: Public Access
With an annual budget of $1.9 million -- approximately the cost of a
30-second ad during the Super Bowl -- Chicago Access Network Television (CAN
TV) has delivered 60 hours -- in just this month -- of coverage of the
upcoming City of Chicago election. CAN TV is a nonprofit organization which
reaches 36% of the homes in Chicago and is supported by cable franchise
fees. It operates five channels and helps 270 nonprofit groups get their
message out to the community. "We are a conduit for all sorts of diverse
viewpoints. Too many people are being shut out, stereotyped and otherwise
minimalized. Commercial television just does not do people justice," said
Barbara Popovic, executive director of Chicago Access Corp., the non-profit
group that runs CAN TV channels and services. "This is about education, not
packaging products. This is not the purview of an elite, trained corps."
Bunnie Riedel, executive director of the Alliance for Community Media, the
Washington-based group representing some 2,000 similar operations around the
country, said public access channels are paying attention to what is no
longer economically viable for most commercial stations. "We're not about
bells and whistles. We're about content, and we don't have to worry about
ratings," Riedel said. "They (commercial TV) give us the World Wrestling
Federation and the 5,000th rerun of `Dr. Quinn, Medicine Woman,' but they
forget to tell us what goes on in our own community."
[SOURCE: Chicago Tribune (p.1), AUTHOR: Tim Jones]
http://chicagotribune.com/news/printedition/article/0,1051,SAV-9902190136,0
0.html

A SWEEPING LOOK AT LOCAL NEWS 'SPECIALS' DURING THE ALL-IMPORTANT RATINGS PERIOD
Issue: Television/Journalism
The "On Television" column looks at the special reports of local news
outfits during sweeps weeks. Johnson finds that newscasts are pandering to
an audience -- " not at the louts who foam at the mouth over any image of a
woman in her skivvies, but rather at women themselves." So here we've news
special segments on skin moisturizers, diapers, and the use of public
transit when school buses are not available.
[SOURCE: Chicago Tribune (Sec5, p.1), AUTHOR: Steve Johnson]
http://chicagotribune.com/leisure/tempo/printedition/article/0,1051,SAV-990
2190122,00.html

UNIVERSAL SERVICE/TELEPHONE

STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH ON RECOMMENDATIONS OF
SCHOOLS AND LIBRARIES COMMITTEE OF USAC
Issue: Universal Service
I have received word from Cheryl Parrino, the President of the Universal Service
Administrative Company (USAC), that the Schools and Libraries Committee of
the USAC Board
has recommended changes to internal procedures to enable USAC to provide
sufficient funds to
cover all of the requests for schools with discounts of between 70% and 76%.
I am relieved that
these schools, which were not included in recent distributions, but should
have been, will now
receive funding as well and commend the Schools and Libraries Committee for
making this
change. The inclusion of these schools in the 70%-76% range --
particularly those rural schools
at the 70% discount level -- is what the Commission had envisioned.
[SOURCE: FCC]
http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr907.txt

CHAIRMAN KENNARD'S STATEMENT ON FUNDING OF RURAL SCHOOLS AND LIBRARIES
Issue: Universal Service
Statement in full: Discounts to support services to schools and libraries
are an important part of the universal service mandate in the Communications
Act -- the discounts that connect classrooms to the Internet today will
produce jobs and opportunities in the economy of our future. The Universal
Service Administrative Company (USAC) has done an excellent job implementing
all of the universal service provisions of the Telecommunications Act of
1996. The Schools and Libraries Division of USAC has sent out tens of
thousands of letters committing funds to eligible schools and libraries. To
date, $1.08 billion in funding for internet access, telecommunications
services, and internal connections has been committed. Letters committing an
additional $250 - $300 million will be issued on February 20. USAC hopes to
send out all commitment letters by February 28. Although not all schools and
libraries will receive all of the funding they requested, all applications
for telecommunications services and Internet access from eligible schools
and libraries will be funded. In addition, funds are available to support
internal connections for all the schools and libraries qualifying for 70%
discounts. USAC has asked the Common Carrier Bureau staff for authorization
to take the steps necessary to fund these internal connections. I have
directed the Bureau to respond quickly so that funding will not be delayed.
All of these funds have been and will continue to be distributed consistent
with our rules which ensure that support for internal connections goes to
the schools and libraries that have the most need for support.
[SOURCE: FCC]
http://www.fcc.gov/Speeches/Kennard/Statements/stwek912.html

A PRO-CONSUMER, PRO-COMPETITION AGENDA
Issue: Regulation/Competition/Universal Service
Commissioner Ness' Speech before the Florida Communications Policy
Symposium: At the threshold of the 21st century, the FCC is committed to:
promote competition, deregulate as competition develops, protect consumers,
ensure broad access to communications services, foster innovation, and
advance competitive goals worldwide. These goals -- pillars of the
Telecommunications Act of 1996 -- are not mutually exclusive....We are in
the midst of an extraordinary transition between monopoly and competitive
provision of telecom and video services. The velocity of change is stunning.
Convergence has blurred the regulatory definitions and jurisdictional
boundaries that for so long have structured the marketplace. And
technological innovations are creating new headaches and solutions at the
same time. It's the regulatory equivalent of Hurricane Georges!
Established companies are expanding their offerings and adapting to a new
environment. New entrants are sprouting up to serve real or perceived
"niches." New business alliances are being announced every day. Policymakers
need to keep pace. We, too, need to change. We need to be prepared to act
swiftly, whether the action needed is a surgical intervention or a retreat
from a regulation that is no longer needed. We need to bury the
jurisdictional hatchets that have
split us in the past. At all times, our focus must be on the consumer.
Whether we be legislators or regulators, whether we serve at the state or
federal level, we need to work together to ensure that the inclusive,
pro-competitive, deregulatory vision of the Telecommunications Act is
realized for all Americans.
[SOURCE: FCC]
http://www.fcc.gov/Speeches/Ness/spsn905.html

BELLS, GTE ASK COURT TO FURTHER DELAY FCC PRICE RULES
Issue: Telephony
Four regional Bell operating companies and GTE Corp. asked a St. Louis
Appeals Court to continue to prevent Federal Communications Commission rules
intended to open the local telephone market from taking effect. They said
they intend to press other parts of their lawsuit. The Supreme Court last
month rejected most of the group's earlier challenges to the rules which had
been written by the FCC to carry out the 1996 Telecommunications Act. The
Supreme Court held that the FCC had authority to issue the pricing rules.
SBC Communications Corp., Ameritech Corp., Bell Atlantic Corp., US West and
GTE said Thursday they intend to challenge the pricing rules as an
unreasonable action by the FCC and asked that the rules of state authorities
remain in effect until their latest challenge is decided. AT&T and MCI
WorldCom representatives said their companies would oppose the request to
further delay the FCC rules.
[SOURCE: San Jose Mercury News, AUTHOR: Reuters]
http://www.mercurycenter.com/svtech/news/breaking/reuters/docs/161201l.htm

INTERNET

PROPOSAL ON INTERNET NAMES FAVORS CORPORATE INTERESTS
Issue: Internet
New rules being drafted by the World Intellectual Property Organization
(WIPO) http://www.wipo.org, an arm of the United Nations, for the Internet
Corporation for Assigned Names and Numbers (ICANN) http://www.icann.org
would favor trademark holder's in disputes over Internet domain names. Some
fear that the proposal would ultimately stifle free expression on the
Internet and give governments and corporate interests the power to
intimidate everyday Internet users into relinquishing addresses to which
they have already laid rightful claim. [Damn those governments and corporate
interests!] The proposal, WIPO said, "does not suggest the creation of new
intellectual property rights, but, rather, recommends ways in which
existing, multilaterally agreed standards for intellectual property
protection can be given expression in cyberspace." A. Michael Froomkin
http://www.law.tm/, a law professor at the University of Miami, said WIPO
had overstepped its charge and tried to "solve every imagined intellectual
property problem related to domain names, instead of concentrating on the
trademark-related issues that most urgently need solution....There are no
safe harbors," Froomkin writes. "A person might register his own name, only
to find that someone in another country who has a trademark on the same word
believes he should be entitled to claim the domain. In the U.S., trademark
infringement requires commercial use, and ordinarily requires a risk of
customer confusion as well. But under WIPO's plan, one cannot rely on the
protection of national law, because the WIPO rules tell the arbitrator to
pick and choose 'principles' from among the legal systems of the world. If
the complainant wins, the registrant may have to pay the complainant
thousands of dollars in expenses. My fear is that only the most wealthy
would undertake the risk of arbitration on these conditions, and that many
ordinary people with perfectly legitimate domain name registrations will
feel compelled to surrender without a fight." See also
http://www.law.miami.edu/~amf, Froomkin's critique of WIPO's proposal.
[SOURCE: CyberTimes, AUTHOR: Jeri Clausing jeri( at )nytimes.com]
http://www.nytimes.com/library/tech/99/02/cyber/articles/19wipo.html

UPGRADE BEGINS ON NATIONAL NETWORK
Issue: Infrastructure
MCI WorldCom has begun a major upgrade of the National Science Foundation's
nationwide network for testing next-generation Internet technologies. The
vBNS circuit (very-high-speed Backbone Network Service), which is operated
by MCI WorldCom under a five year contract, will quadruple the network's
data-carrying capacity from its present speed of 2.5 gigabits of data per
second. The circuits are used mainly by government and academic researchers
and will allow more precise modeling. Officials say the upgrade will be
completed without laying any new fiber-optic lines.
[SOURCE: Los Angeles Times (Online), AUTHOR: Karen Kaplan]
http://www.latimes.com/HOME/BUSINESS/t000015524.1.html

JUNK E-MAIL FILTERS SPAWN A SUIT AGAINST MICROSOFT
Issue: E-Commerce/Spam
Can Microsoft get into anymore trouble? Filtering software created by the
company has been found to block the email of legitimate businesses -- like
Blue Mountain Arts http://www.bluemountain.com/ greeting cards. The result
is a lawsuit that is pitting the rights of a software company to innovate
freely against the rights of a company that says its business was disrupted
because its notices were labeled as junk e-mail, Kaplan writes. You probably
didn't expect this, but one wrinkle to the case is allegations that
Microsoft engaged in illegal tactics to protect its own virtual greeting
card business http://insider.msn.com/greetings/ECards-010699/default.asp.
"This is an early lawsuit in what will become a classic grievance," said
Blake Bell, a lawyer who specializes in Internet issues at the New York
office of Simpson Thacher & Bartlett. "Filters of all kinds will
increasingly have a substantial impact on a company's ability to conduct
e-commerce, and the [blocked] company will have a desire to assert legal
claims in order to secure an unfettered ability to compete." Also see Blue
Mountain's litigation page
http://www2.bluemountain.com/home/ImportantNotice.html?020399 and
Microsoft's litigation page http://www.microsoft.com/presspass/bluemt/ --
could take awhile to load this one.
[SOURCE: CyberTimes, AUTHOR: Carl S. Kaplan kaplanc( at )nytimes.com]
http://www.nytimes.com/yr/mo/day/tech/indexcyber.html

EXCITE PULLS ADULT ADS FROM KID-SAFE SITE
Issue: Internet/Advertising
Green meant go for The Register, a British publication that found porn ads
showing up on a kid-safe search engine. An Excite feature called "Green Light"
is supposed to display search results that excludes adult-oriented content.
But, on Wednesday, The Register, a British publication reported raunchy banner
ads were popping up over search results. An Excite spokesperson said Thursday
that running the ads were an "oversight." This slip happened in the midst of
legal
troubles -- Playboy and Este Lauder are targeting Excite for illegally selling
advertisements that show up after these names are entered as key-word searches.
[SOURCE: San Jose Mercury News, AUTHOR: Matthew Broersma]
http://www.zdnet.com/zdnn/stories/news/0,4586,2212112,00.html

PRIVACY

AFTER INTEL CHIP'S DEBUT, CRITICS STEP UP ATTACK
Issue: Privacy
The Electronic Privacy Information Center (EPIC) has stepped up efforts to
oppose the Pentium III chip and its controversial identification system.
Junkbusters Inc. and Privacy International have convinced the Center for
Media Education and the Privacy Rights Clearinghouse to sign letters they
are preparing to send to computer manufacturers and to the Federal Trade
Commission. The letters to computer manufacturers will ask for information
on whether the companies plan to ship the new chips, and if so, how and if
they will disable the identification function. "The organizers are
considering extending the boycott to major PC manufacturers who ship Pentium
III systems in a configuration that would significantly damage consumer
privacy," the draft letter states. "We request your assistance in providing
us with information on your company's intentions, so that we can determine
our organization's boycott policy regarding your company and any individual
consumer products" that contain such a processor serial number. In the
letter to the FTC, the groups "ask the Commission to consider what action it
might take to reduce the harms to consumer privacy and e-commerce identified
here, including any means to compel the company to disable the feature and
order a recall, whether directly or through PC manufacturers." Here are some
URL's to help you follow the action: Intel http://www.intel.com, EPIC
http://www.epic.org, Junkbusters Inc. http://www.junkbusters.com,
Privacy International http://www.privacyinternational.org/, Center for
Media Education http://www.cme.org, Privacy Rights Clearinghouse
http://www.privacyrights.org, FTC http://www.ftc.gov.
[SOURCE: CyberTimes, AUTHOR: Jeri Clausing jeri( at )nytimes.com]
http://www.nytimes.com/library/tech/99/02/cyber/articles/19intel.html

ANTITRUST

COMPAQ DISCLOSES IT FEARED MICROSOFT RETALIATION
Issue: Antitrust
"How retaliatory could they get?" -- a Compaq slide presentation made prior to a
1993 meeting with Microsoft lists 12 ways Microsoft could hurt Compaq if they
didn't use their software -- was disclosed in the Microsoft antitrust trial. The
presentation was made before Compaq signed a five-year agreement to get
Microsoft software at a price better than any other PC maker. John Rose, Compaq
senior vice president testified that although Compaq has an exclusive contract
with Microsoft and its Internet browser and it is the first thing that shows up
on the screen, "Netscape's browser can also be used at the click of a mouse."
Being that Rose's testimony conflicted with earlier testimony by other Compaq
officers, Judge Thomas Penfield Jackson questioned Rose's authority to speak
for the company. Rose replied, "I as an officer of the company speak for the
company."
[SOURCE: Wall Street Journal (A3), AUTHOR: John R. Wilke and Keith Perine ]
http://wsj.com/
See also:
Judge Sharply Questions Microsoft
[SOURCE: Washington Post (E3), AUTHOR: Rajiv Chandrasekaran]
http://www.washingtonpost.com/wp-srv/business/longterm/microsoft/micro.htm

LINUX GAINING SERIOUS MOMENTUM
Issue: Antitrust
Linux is no cartoon character. The fast-growing operating system will sell
1,300 computers to Burlington coat factory, beating out Microsoft.
International Business Machines Corp. announced Thursday they plan to sell
computers pre-loaded with Linux. The company, created by a Finnish student in
the early 90's, Linus Torvalds, made up 17 percent of the software shipped for
running business machines last year. Users praise its resistance to crashing
and its price. It can be downloaded free from the Internet or bought from
distributors for about $50. Unlike Microsoft, it shares its code with the Web
so programmers can easily make improvements. While many corporate managers
remain loyal to Microsoft, this spark of competition is welcome news to
Microsoft in light of the antitrust trial. A Microsoft spokesperson said, "We
are happy to compete head-to-head with Linux on the merits of the technology
and the business model."
[SOURCE: San Jose Mercury News, AUTHOR: AP]
http://www.mercurycenter.com/svtech/news/breaking/merc/docs/078261.htm

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...and we are outta here. Have a great weekend. Hey, did anyone notice that
Clemens deal? The rich just get richer.

Communications-related Headlines for 2/17/99

**Thanks to the 475 respondents to the survey -- over 90% of you
said we should start charging people who don't reply --
Good Idea!

UNIVERSAL SERVICE/TELEPHONE REGULATION
Federal Preemption of State Universal Service Regulations Under
The Telecommunications Act of 1996 (FCLJ)
Cap-Sized: How the Promise of the Price Cap Voyage to Competition Was
Lost in a Sea of Good Intentions (FCLJ)

INTERNET
Latest Chat Topic At Aol: Links With Ebay (WSJ)
CNN WebMD To From Link On TV, Internet (NYT)
Altavista To Grow With Bid For Zip2 (SJ Merc)
Kennedy Center Expands Series To Internet (WP)
Playing the Name Game: A Glimpse at the Future of the
Internet Domain Name System (FCLJ)
To Net or Not to Net: Singapore's Regulation of
the Internet (FCLJ)

INTELLECTUAL PROPERTY
Digital Copyright Agreement for Video (NYT)

ANTITRUST
Microsoft Executive To Dispute Charge Of An Illegal Attempt
To Divide Market (WSJ)

UNIVERSAL SERVICE/TELEPHONE REGULATION

FEDERAL PREEMPTION OF STATE UNIVERSAL SERVICE REGULATIONS UNDER
THE TELECOMMUNICATIONS ACT OF 1996
Issue: Universal Service
Abstract from the editor: With the passage of the Telecommunications Act of
1996, Congress revamped federal universal service policy by requiring that
universal service support be explicit. The Act also provides that states can
supplement federal universal service support with state universal service
support. However, under section 254(f) of the Act, state programs must not
be "inconsistent with" the FCC's rules for implementing the Federal Plan.
Section 254(f) provides for express preemption of state universal service
plans but uses FCC rules as a measure for determining when preemption is
required. As a result, the case law governing express preemption by Congress
is in and of itself an insufficient guide for determining the scope of the
section 254(f) preemption power. To interpret section 254(f), case law
governing preemption by the FCC of state law must also be incorporated.
Thus, a three-pronged test is required to determine whether a state
universal service plan is preempted by section 254(f). This test should
provide a framework for determining whether state law is preempted by any
section of the Communications Act of 1934.
[SOURCE: Federal Communications Law Journal (p.303), AUTHOR: Mark Trinchero
& Holly Rachel Smith]
http://www.law.indiana.edu/fclj/pubs/v51/no2/v51no2.html 3/99

CAP-SIZED: HOW THE PROMISE OF THE PRICE CAP VOYAGE TO COMPETITION WAS
LOST IN A SEA OF GOOD INTENTIONS
Issue: Telephone Regulation
Abstract from the editor: This Article explores the Federal Communication
Commission's efforts to regulate into being marketplace economic forces
through price cap regulation. A comprehensive analysis of the history and
policies behind price cap regulation of LECs offers guidance for the future.
Ultimately, while progress towards local exchange competition has been made,
certain important adjustments should be implemented to allow price caps to
achieve their full potential. These changes, consistent with the original
theory of price caps, will in turn help speed the transition to competition.
[SOURCE: Federal Communications Law Journal (p.349), AUTHOR: Gregory J. Vogt]
http://www.law.indiana.edu/fclj/pubs/v51/no2/v51no2.html Available 3/99

INTERNET

LATEST CHAT TOPIC AT AOL: LINKS WITH EBAY
Issue: Ecommerce
AOL is entering talks with eBay, the online-auction company, with quite a
"sticky" website. Last year they had $16 million registered participants and
users averaged 27 minutes at the site each day. The two companies already have
a close relationship. In September, eBay agreed to pay AOL $12 million over
three years to link 100 of its sites to eBay. Possible connections between the
two companies could include shared content: eBay users would never actually
leave
AOL. Part of the motivation to work together for the companies is to expand
local marketing and fill gaps each company has. While AOL's Digital Cities is
strong in providing moving and restaurant listings, they have not found a way
to replace the local newspaper listings. While eBay is great at marketing and
selling easy-to-ship products, they has not been able to target local markets
for sales of bulky items, such as cars and furniture. If the two companies
merge, with AOL's 16 million subscribers, Yahoo and other online auctioneers
would have a hard time competing.
[SOURCE: Wall Street Journal (B6), AUTHOR: John R. Wilke and Keith Perine]
http://wsj.com/

CNN WEBMD TO FROM LINK ON TV, INTERNET
Issue: Health
The cable news channel, CNN, has just announced a deal with WebMD, an
Internet health-care information site. A One-stop library of medical
information, WebMD has agreed to share content with CNN, which runs an
average of 32 health-related stories a day. CNN will also promote the WebMD
site both on air and online. CNN felt that the health information was not as
"robust" as it could be. "We had to make a decision to build that center
ourselves or use something like WedMD," said Rob Tolleson.
[SOURCE: Wall Street Journal (B6 ), AUTHOR: Eleena De Lisser]
http://www.wsj.com
See also:
HEALTH WEB SITE MAKES CNN DEAL
[SOURCE: New York Times (Online), AUTHOR: The Associated Press]
http://www.nytimes.com/library/tech/99/02/biztech/articles/17cnn.html

ALTAVISTA TO GROW WITH BID FOR ZIP2
Issue: Mergers
Compaq Computer Corp. saying their "top strategic priority is Internet
leadership" said Tuesday it will buy Zip2 Corp., a creator of online city
guides. Compaq's AltaVista unit plans to use the new capability to expand
its capability as a "portal." The agreement to buy Zip2, which requires
regulatory approval, would give AltaVista local content from more than 160
newspapers and the opportunity to garner local advertising revenue in
markets throughout the nation. AltaVista ranked as the 12th-most popular Web
property in December, according to New York-based Media Metrix. Zip2 was
founded in 1996 and is yet to turn a profit. The price paid for it was not
disclosed but AltaVista executives said the price is higher than the $220
million it agreed to spend for Shopping.com a few weeks ago.
[SOURCE: San Jose Mercury News, AUTHOR: Monua Janah]
http://www.mercurycenter.com/svtech/news/indepth/docs/alta021799.htm

KENNEDY CENTER EXPANDS SERIES TO INTERNET
Issue: Arts
On April 1 the Kennedy Center in Washington, DC will begin daily live music
broadcasts on the Internet. The formal announcement will come this afternoon
and a test broadcast is scheduled for tomorrow at
http://kennedy-center.org/stage/millennium. By broadcasting the Millennium
Stage programs, the center will solidify its position as the only venue of
its kind in the country with a free performance every day on its stages and
now electronically. The concerts include some well-known acts, up-and-coming
artists, military bands, and local university and school groups. Typically
they attract anywhere from 400 to 7,000 attendees depending on the
performer. The center today will also unveil plans for two permanent
performance spaces for Millennium Stage, plus a show to mark the second
anniversary of the project on March 1 with Randy Newman and KC & the
Sunshine Band. [Wow, what a bargain: see KC -- for free!]
[SOURCE: Washington Post (C1), AUTHOR: Jacqueline Trescott]
http://www.washingtonpost.com/wp-srv/WPlate/1999-02/17/155l-021799-idx.html

PLAYING THE NAME GAME: A GLIMPSE AT THE FUTURE OF THE INTERNET DOMAIN NAME
SYSTEM
Issue: Internet
Abstract from the editor: As the Internet continues to expand into the top
global medium for commerce, education, and communication, individuals and
businesses are racing to claim their own unique Internet address or domain
name. Unlike the three-dimensional world, where many entities may share the
same name, on the Internet each domain name must be unique. As a result of
this uniqueness requirement, a variety of disputes and trademark issues have
arisen as individuals and entities compete for lucrative domain names on the
Internet market. These disputes have led to the submission of two proposals
for the overhaul of the current domain name system. This Note analyzes both
the Internet Ad Hoc Committee's and the United States' proposals, and
recommends additional provisions that should be implemented in order to have
a successful global domain name system for the future.
[SOURCE: Federal Communications Law Journal (p.403), AUTHOR: Rebecca W. Gole]
http://www.law.indiana.edu/fclj/pubs/v51/no2/v51no2.html Available 3/99

TO NET OR NOT TO NET: SINGAPORE'S REGULATION OF THE INTERNET
Issue: International/Internet Regulation
Abstract from the editor: Internet access has become almost commonplace, as
has the unfettered exchange of ideas through cyberspace. Several nations,
Singapore among them, have attempted to control their citizens' Internet
access in order to preserve and protect a desired national culture. A brief
overview of the technological means of Internet censorship reveals a hidden
truth: If Singapore truly wishes to become the technological giant of the
East, the government will have to sacrifice its desire to control Internet
content.
[SOURCE: Federal Communications Law Journal (p.430), AUTHOR: Sarah B. Hogan]
http://www.law.indiana.edu/fclj/pubs/v51/no2/v51no2.html Available 3/99

INTELLECTUAL PROPERTY

DIGITAL COPYRIGHT AGREEMENT FOR VIDEO
Issue: Intellectual Property
Five major computer and electronics firms have announced plans for a new
"watermark" standard to protect digital movies and videos from piracy. IBM,
NEC, Sony, Pioneer, and Hitachi have agreed on a single standard for a
binary code that will be embedded on every frame of a digital recording.
This digital watermark would allow legitimate copying of recorded material,
but prevent illegal copies from being made. DVD systems are expected to be
the first to use the new technology.
[SOURCE: New York Times (C2), AUTHOR: Rob Fixmer]
http://www.nytimes.com/library/tech/99/02/biztech/articles/17blue.html

ANTITRUST

MICROSOFT EXECUTIVE TO DISPUTE CHARGE OF AN ILLEGAL ATTEMPT TO DIVIDE MARKET
Issue: Antitrust
Daniel Rosen, Microsoft general manager, is expected to testify that the
allegation of the company's attempt to push aside Netscape is false. He will
testify that a June 21, 1995, meeting with Netscape was cordial, "with no table
pounding, threats or shouting." Other testimony suggests a good relationship
between the two, includes a document stating that Netscape co-founder Marc
Andreessen tried to hire Mr. Rosen after the meeting. In other questioning,
David Boies, the lead trial counsel for the government is expected to probe the
relationship between Microsoft and Compaq, a company that has enjoyed low
Window prices than other PC manufacturers. In other trial happenings,
yesterday, the judge said he had a "conceptual problem" understanding
Microsoft's video demonstration of the ease of downloading Netscape Internet
browser from AOL. Mr. Boise said the video skipped several steps and made it
look a lot easier than it is.
[SOURCE: Wall Street Journal (B6), AUTHOR: John R. Wilke and Keith Perine]
http://wsj.com/
See also:
Microsoft Understated Netscape's Handicap
[SOURCE: Washington Post (E1), AUTHOR: Rajiv Chadrasekaran]
http://www.washingtonpost.com/wp-srv/business/longterm/microsoft/micro.htm
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Find this service online at http://www.benton.org/Updates/.

Communications-related Headlines for 2/16/99

INTERNET
Free Speech and the Internet (NYT)
The Internet: A Reliable Source? (WP)
Privacy Groups Urge Intel Boycott (WP)
Web Pirates Reveal Soap-Opera Plots by Intercepting
Advance Transmission (WSJ)

BROADCAST
Broadcast Ownership Rules, and Regulations Governing
Television Broadcasting (NTIA)

MERGERS
Transfer of Licenses: Puerto Rico Telephone Company to
GTE Holdings (FCC)

INTERNATIONAL
Canada, U.S. in Magazine Dispute
News Corp., Telecom Italia Terminate Discussions To
Form Digital-TV Alliance (WSJ)
(WSJ)

ANTITRUST
Microsoft Trial Virtual Court (SJMerc)
Protesters Seek Refunds on Windows (NYT)

INTERNET

FREE SPEECH AND THE INTERNET
Issue: Free Speech
[Editorial] There is a delicate balance between protecting free speech and
shielding children from harmful materials on the Internet. Two recent laws
show that the Constitution can be damaged if a proper balance is not struck.
The first case involves the 1998 Child Online Protection Act, which would
have required all commercial sites that contain material "harmful to minors"
to verify the ages of all users. A federal judge has wisely issued a
preliminary injunction against the law. However, in the case of a Virginia
law prohibiting state employees from accessing sexually explicit material on
the Internet, a Court has disregarded First Amendment concerns. The Fourth
Circuit Court of Appeals upheld the Virginia law on the grounds that the state
has the right to control the work-related activities of its employees. The
authors suggest that better options exist in both cases. Filtering software
can better protect children than laws that infringe upon the free speech of
adults. And the state of Virginia could have avoided First Amendment harm by
enacting a law that prohibited non-job-related uses of the Internet, instead
of making a content-related distinction that will hamper legitimate research.
[SOURCE: New York Times (A18), AUTHOR: New York Times Editorial Staff]
http://www.nytimes.com/yr/mo/day/editorial/16tue3.html

THE INTERNET: A RELIABLE SOURCE?
Issue: Internet/Health
As many as 60 million adults used the World Wide Web last year for health
care information, according to a new poll of 1000 people by Louis Harris and
Associates made in January. Humphrey Taylor, chairman of the polling group,
said, "Health care is an enormous reason why people go online. And
amazingly, 91 percent said the last time they went online, they found what
they wanted." The polling company estimates 90 million people, 44 percent of
the adult population, use the Internet at home, work or school. Humphrey says
other studies have found the level of use is climbing fast as well, but
pollsters lack information on the quality of health information that is
being provided. The health sites most often visited online were created
either by medical societies or by patients' advocacy or support groups.
[SOURCE: Washington Post (Z17), AUTHOR: Marc Kaufman]
http://www.washingtonpost.com/wp-srv/WPlate/1999-02/16/042l-021699-idx.html

PRIVACY GROUPS URGE INTEL BOYCOTT
Issue: Privacy/Computer Technology
Critics of the upcoming Intel Pentium III chip sought Monday to widen their
boycott and enlist the Government in opposing the new technology.
Junkbusters Corp. and the Electronic Privacy Information Center sent letters
to privacy and consumer groups, including the American Civil Liberties
Union, urging them to request the Federal Trade Commission consider stopping
Intel from distributing the new technology. A separate letter was sent to
the FTC expressing fear for privacy on the Internet. Last month Intel
announced that the new Pentium chip will be able to transmit a unique serial
number internally and to websites that request it. The company said the
technology would help online merchants eliminate fraud. Some groups
protested that it gives companies the ability to trace a consumer's digital
footprints as they wander the Web. Robert Pitofsky, the chairman of the FTC,
has said in an interview that he does not believe the FTC has jurisdiction
in the matter. The Pentium III will be launched officially February 26.
[SOURCE: Washington Post (Online), AUTHOR: Ted Bridis (Associated Press)]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/intel16.htm

WEB PIRATES REVEAL SOAP-OPERA PLOTS BY INTERCEPTING ADVANCE TRANSMISSION
Issue: Lifestyles!
The Web is stomping on an American institution--the soap-opera cliffhanger:
"closing the gap between content providers and consumers." A group called,
Spoiler 3 says they pick up a feed of "Days of Our Lives," as it's sent to
Canada a day earlier than it is broadcast in the US, transcribes the plot and
posts it on their website. Genoa City News website has a similar system for
posting "The Young and the Restless" plots. A viewer gets the feed from the
satellite and sends it in, says Brent Kellogg, manager of the site. A soap
executive confirmed that broadcasts are sent via satellite a day ahead to
Canada stations, to accommodate their schedule, but aren't broadcast until the
same time the next day in the US. "Publishing material sent privately via
satellite can carry a civil fine of as much as $2,000," a government-agency
person said. Doing it for a profit could raise the fine to $50,000. CBS
spokesperson, Dana McClintock says they are aware of the "net-spoilers," but
say it's not a problem. David Sperber, "Days of Our Lives" publicist is worried
that if people know what's going to happen they won't watch. Lynn Leahy, Soap
Opera Digest magazine editor, says no worries -- fans will still choose to watch
over reading plots on a screen. [And here we thought they performed all
those things live]
[SOURCE: Wall Street Journal (B15A), AUTHOR: Justin A. Oppelaar]
http://wsj.com/

BROADCAST

BROADCAST OWNERSHIP RULES, AND REGULATIONS GOVERNING TELEVISION BROADCASTING
Issue: Broadcast/Television
In a filing with the Federal Communications Commission (FCC), the
Department's National
Telecommunications and Information Administration (NTIA) [on Feb 12]
reiterates the importance of viewpoint diversity, localism and competition
for our nation's broadcast ownership policies.
"In light of the unprecedented level of media concentration in today's media
marketplace, NTIA urges the FCC to act decisively to preserve the core
principles of viewpoint diversity embodied in the First Amendment as well as
the fundamental values of localism and competition," Assistant Secretary of
Commerce Larry Irving said. The NTIA letter recommends a framework by which
to analyze whether proposed changes to the ownership rules further the
public interest. Applying this framework to the national and local ownership
rules currently under review by the FCC, NTIA
concludes that wholesale changes would harm the public interest, but
supports moderate relaxation in specific areas. See letter at
http://www.ntia.doc.gov/ntiahome/fccfilings/ownlet.htm
[SOURCE: NTIA]
http://www.ntia.doc.gov/ntiahome/press/bcownerpr.htm

MERGERS

TRANSFER OF LICENSES: PUERTO RICO TELEPHONE COMPANY TO GTE HOLDINGS
Issue: Mergers
The Commission adopted a Memorandum Opinion and Order (Order) granting the
transfer of control of licenses and an international resale authorization
held by Puerto Rico Telephone Company (PRTC) and Telefonica de Puerto Rico,
Inc. (TPRI) from the Puerto Rico Telephone Authority (PRTA) to GTE Holdings
(Puerto Rico) LLC (GTE Holdings). This transfer of control will occur as
part of a transaction in which GTE Holdings will purchase from PRTA a major
ownership interest in PRTC and will obtain de facto control over PRTC. After
considering all of the issues raised by commenters in this proceeding, the
Commission concluded that the proposed transfer of control is in the public
interest. For more info: Meribeth McCarrick at 202-418-0654 or Jeffrey
Steinberg at 202-418-0896.
[SOURCE: FCC]
http://www.fcc.gov/Bureaus/Wireless/News_Releases/1999/nrwl9008.html

INTERNATIONAL

CANADA, U.S. IN MAGAZINE DISPUTE
Issue: Magazines & Journals
Canadian Trade Minister Sergio Marchi said Canada will not abandon a bill
aimed at restricting US magazine operations in his country. He said the US
was out of line in threatening to retaliate against Canadian steel and
textile imports if the magazine bill is passed. The bill would penalize
foreign publishers that sell space to Canadian advertisers in special
Canadian editions of their magazines, but it would permit the magazines
themselves to continue to be distributed. Canadian officials and publishers
say these so-called split-run magazines take ad revenue away from Canadian
magazines. Canadian officials say the bill should be passed by the House of
Commons by early April. They will meet with US officials Friday in a third
round of talks to resolve the issue.
[SOURCE: Washington Post (Online), AUTHOR: David Crary]
http://www.washingtonpost.com/wp-srv/WAPO/19990215/V000559-021599-idx.html

NEWS CORP., TELECOM ITALIA TERMINATE DISCUSSIONS TO FORM DIGITAL-TV ALLIANCE
Issue: International/Digital TV
An agreement between Rupert Murdoch's News Corp. and Telecom Italia failed on
Friday, due to a dispute over soccer rights and political disfavor to Murdoch's
breaking into the Italian market. The agreement would have relaunched Telecom
Italia's pay-TV unit, Stream SpA by acquiring the entire package of Italy's
series of soccer matches for the next six years. In December, Italian
politicians, fearing a foreign dominance of Italian media, put a 60 percent
limit on broadcast rights that any pay-TV provider could acquire. This decision
stopped News Corp. from its ability to buy enough of Italian broadcasting to
get Stream off the ground, in the face of its French, Canal Plus SA. Friday,
Murdoch attempted to change the original agreement to get around the
legislation and was balked at by Telecom Italia Chairman, Franco Bernabe, who
put an end to the agreement. Analysts say the dissolved deal is an example of
the high barriers the Italian market presents for European digital-TV groups
for profit-making, given the abundance of high quality free TV. Chairman
Bernarde says the potential is open for further talks with other foreign
companies in reviving Stream, including AT&T.
[SOURCE: Wall Street Journal (B15), AUTHOR: Deborah Ball]
http://wsj.com/

ANTITRUST

MICROSOFT TRIAL VIRTUAL COURT
Issue: Antitrust
Several major publications, including the San Jose Mercury News, have been
doing an excellent job covering the Microsoft antitrust trial that resumes
today after a four-day layoff. Some news organizations also have created
useful sites in cyberspace. The Mercury Center has a
website that is worth visiting for the Microsoft trial story. In addition to
continuing updates on the ongoing trial, it features a virtual layout of the
courtroom that is unique. Take a look. After that you can visit their new
online destination for general business and technology news and information
called SiliconValley.com which opened today.
[SOURCE: San Jose Mercury News]
http://www.mercurycenter.com/business/microsoft/trial/

PROTESTERS SEEK REFUNDS ON WINDOWS
Issue: Computers
On Monday, over 100 protesters marched in front of Microsoft sales offices
around the world to demand refunds for unopened operating systems. The
marchers are upset over a clause in the Windows license that states that
users who do not agree to the terms can receive refunds for the preinstalled
software on their personal computers. Several users, however, have reported
difficulty in obtaining such a refund from Microsoft. "People pay extra
money for software they don't need, they don't want and they're entitled to
a return," said Rick Moen, one of the protest's organizers. Microsoft's
Windows runs on over 90% of all personal computers sold in the world.
[SOURCE: New York Times (C6), AUTHOR: Amy Harmon]
http://www.nytimes.com/library/tech/99/02/biztech/articles/16windows.html
See also:
SEEKERS FOR REFUNDS FOR 'WINDOWS' WARE FIND THE DOORS SHUT
[SOURCE: Wall Street Journal (B10), AUTHOR: David Blank]
http://www.wsj.com/

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Communications-related Headlines for 2/12/99

** We'll see you Tuesday -- enjoy the holiday **

TELEVISION
TV Faces the Yawn of History (ChiTrib)

RADIO
Top Legislator Blasts U.S. FCC Microradio Proposal (SJ Merc)

INTERNET
Yahoo Offers to Expedite Its Site Reviews, for a Fee (NYT)
Lawsuits Challenge Search Engines' Practice of
'Selling' Trademarks (CyberTimes)
Being Free To Vent On The Net (SJ Merc)

TELEPHONE
Established Local-Phone Companies Use Ruling's Fine Print to
Frustrate Upstarts (WSJ)

ALLIANCES
Lycos Merger Hits a Snag (WP)
MCI to Sell Unit to EDS; Area Jobs May Shift (WP)
Federated to Buy Catalogue Retailer (WP)

ANTITRUST
Microsoft Officer Denies Memo by AOL on Gates Bid To
Get Rid Of Netscape (WSJ)

==========
TELEVISION
==========

TV FACES THE YAWN OF HISTORY
Issue: Television
Today's expected decision in the impeachment trial may merit interruption of
more entertaining shows like The Bold and The Beautiful and As The World
Turns. Much of the public -- and with it television executives -- have
dismissed "the trial of the century:" "Back when O.J. (Simpson) was on
trial, everybody said, `God, I hate this story.' But they all watched it,"
said Lane Venardos, an executive producer at CBS News. "With this, people
say, `God, I hate this story.' And they're not watching it. They're telling
the truth on this one." Jones writes that trial will leave its mark on
television and the coverage of big stories: gavel-to-gavel coverage of
proceedings have gone from broadcast networks to cable. "The strangest thing
about the impeachment was you had the feeling that you were witnessing a
real moment in history . . . yet it
didn't have any of the depth of feeling and meaning or the sense of awe that
comes from what you'd normally associate with those kinds of news stories,"
said Bob Murphy, senior vice president at ABC News. "We stayed with the key
historical or editorial moments, and given the import of the story, I'm just
amazed that that's all that it merited. But that's what it did merit."
Watergate played better on television -- and 25 years ago, there were no
cable channels to cover the story like CNN, MSNBC, or Fox News [Jones does
not mention CSPAN]. Some of these cable channels have lived off this story
for months: "I think the legacy of all of this on our discourse is going to
be very interesting to watch,"said a CNN executive."Some networks proved
that they can live by bread alone if the bread is spicy enough. I think it's
our feeling that you need a broader diet than that." Jones concludes, If all
goes as expected, the diet should change this weekend.
[SOURCE: Chicago Tribune (Sec 3, p.1), AUTHOR: Tim Jones]
http://chicagotribune.com/textversion/article/0,1492,SAV-9902120456,00.html

=====
RADIO
=====

TOP LEGISLATOR BLASTS U.S. FCC MICRORADIO PROPOSAL
Issue: Radio
Rep. Billy Tauzin (R-LA) said Thursday the Federal Communications
Commission's plan for developing microradio would reduce the audience and
advertising revenue of current stations and possibly create severe
interference. Speaking to the National Association of Broadcasters
convention, Rep Tauzin, the chairman of the House Commerce Committee's
communications subcommittee, said the FCC "is an agency out of control that
demands congressional action to straighten it out." Rep Tauzin said he
planned to introduce legislation to revamp the agency's structure and
powers. He also said he would introduce a bill to repeal a
provision of the 1996 Telecommunications Act that subsidizes Internet
connections for schools and libraries. The so-called "e-rate" discount is
funded from fees added to long distance telephone calls. Before speaking
Rep Tauzin sent a letter to FCC Chairman William Kennard requesting the FCC
take "no further action on this agenda." Later Chairman Kennard in a
statement urged the lawmaker to talk to the educational, religious and
community groups that support the microradio plan. The microradio plan is
now open for public comment and could be revised or put on hold after the
comment period.
[SOURCE: San Jose Mercury News, AUTHOR: Reuters]
http://www.mercurycenter.com/svtech/news/breaking/merc/docs/040060.htm

========
INTERNET
========

YAHOO OFFERS TO EXPEDITE ITS SITE REVIEWS, FOR A FEE
Issue: Internet
Yahoo has begun offering a way for businesses to expedite the review process
for inclusion in Yahoo's popular Internet search directory. For a $199 fee,
Yahoo guarantees that a business's website will be considered within
7 business days. Yahoo doesn't promise that any site will actually be placed
in the directory, but simply receive "express consideration". While most
other portals depend on electronic searches of the Web, Yahoo only lists
sites that have been reviewed and categorized by it's employees. This new
offer by Yahoo is seen as an indication of the growing power of Web portals.
"They find themselves in a very strong position and they believe they can
command these fees, and they probably will be able to," said Drew Ianni, an
analyst at Jupiter Communications, a research firm in New York. "It just
seems a bit disingenuous because these are the same kinds of sites that
helped to build Yahoo."
[SOURCE: New York Times (C19), AUTHOR: Amy Harmon]
http://www.nytimes.com/library/tech/99/02/biztech/articles/12yahoo.html

LAWSUITS CHALLENGE SEARCH ENGINES' PRACTICE OF 'SELLING' TRADEMARKS
Issue: Internet/Advertising
Playboy and Estee Lauder are suing Excite and Netscape for the practice of
having certain banner advertisements appear when a user enters their
trademarked names as search terms. It is common practice among search
engines to link banner advertisements to particular keywords. Some analysts
estimate that these targeted ads account for nearly one third of a portal's
ad revenues. Playboy argues that the advertisements for explicitly
pornographic Web sites that appear along with the search results for the
term "Playboy" amount to trademark infringement and unfair competition. If
Playboy and Estee Lauder can convince the court that only trademark holders
can purchase advertisements triggered by trademark keyword, "it will have
quite an effect on the business model of search engines," said Nick Copley
of Thomson & Thomson, a company that tracks search engines.
[SOURCE: CyberTimes, AUTHOR: Carl Kaplan]
http://www.nytimes.com/library/tech/99/02/cyber/cyberlaw/12law.html

BEING FREE TO VENT ON THE NET
Issue: Privacy
In his column, Gillmor promotes a newly unveiled software product, called
"Freedom," from Montreal-based Zero Knowledge Systems. "Freedom" would allow
people to remain anonymous as they serf the web, send e-mail comments, and
create a "virtual persona." The product was introduced at this week's Demo
technology trade show in Southern California. Gillmor says our society
theoretically believes in the rights of people to speak their mind, but in
practice we discriminate against people for doing so. "As long as that is the
case, the people who fear discrimination need a discreet way to talk." Many at
the show said the name of the software is ironic, believing that people should
be held accountable for what they say. In response, Gillmor writes: "I
have been attacked online by sleazeballs who put phony names on their mail or
postings. It wasn't fun. But the alternative -- what amounts to a pervasive
surveillance system on everything we do in cyberspace -- is much more
frightening."
Gillmor says he will use "Freedom" to make it more difficult for commercial Web
sites to keep tabs on him: "My browsing habits are no one's business but mine."
[SOURCE: San Jose Mercury News, AUTHOR: Dan Gillmor]
http://www.mercurycenter.com/svtech/columns/gillmor/

=========
TELEPHONE
=========

ESTABLISHED LOCAL-PHONE COMPANIES USE RULING'S FINE PRINT TO FRUSTRATE UPSTARTS
Issue: Telephony
A Jan 25 Supreme Court Ruling affirmed the Federal Communication Commission's
(FCC) position to spur competition for local-phone companies. The Court had
questions about the provision that "requires local-phone companies to
make part of their networks available to rivals." In light of this request for
reexamination, many Baby Bells and GTE are refusing to sign agreements with
competitors and preventing them from providing service in their areas.
Pittsburgh-based Hyperion Telecommunications had a grand opening celebration in
Baltimore Feb 4, but hasn't been able to start selling because Bell Atlantic
refuses to sign Hyperion's "proposed interconnection pact," their lawyer said.
The FCC is trying to prevent action on the loophole by seeking oral and written
pledges by GTE and the Baby Bells to open their networks to
competitors. Larry Strickling, chief of the FCC's Common Carrier Bureau said,
"the issue won't be formally resolved until the agency issues a new list of the
parts of networks that local phone companies will have to offer rivals." This
is not expected until "sometime this summer," he said. An additional section of
the Supreme Court ruling is being used by Bell Atlantic to slow competition.
Bell Atlantic is refuting the practice of competitors to renew old contracts
between local companies and other carriers, instead of starting from scratch.
Bell Atlantic lawyer, John Messinger says laws and technology have changed
since older pacts.
[SOURCE: Wall Street Journal (B8), AUTHOR: Kathy Chen]

=========
ALLIANCES
=========

LYCOS MERGER HITS A SNAG
Issue: Mergers
CMGI, a Massachusetts Internet investment firm that is Lycos' biggest
shareholder, said it was "generally supportive" of the merger with USA
Networks, but said it will not endorse the move unless something is done to
make the deal more attractive. Yesterday the price of Lycos stock went up
$16 a share, which CMGI should see as a step in the right direction. The
stock response did nothing to end the Wall Street debates on whether the
matchup of the fourth largest Internet entryway with the USA Networks
umbrella of services was a good idea. Analyst David Simons noted that Lycos
is growing at 150 percent a year and has nothing to gain by getting together
with Home Shopping Network and Ticketmaster, which are growing at 6% a year.
[Except, perhaps, actual revenues]
[SOURCE: Washington Post (E1), AUTHOR: Jerry Knight]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/lycos12.htm

MCI TO SELL UNIT TO EDS; AREA JOBS MAY SHIFT
Issue: Mergers
In a deal with Electronic Data Systems Corp., MCI WorldCom is selling its
Systemhouse computer management business outright for $1.65 billion in cash.
In 1995 MCI paid $1 billion for SHL Systemhouse, a Canadian firm that
designs customized computer systems. MCI had hoped to break into the
business of linking corporate computer systems to outside communications
networks, but company representatives concluded that Systemhouse was too
small to handle the large-scale systems integration contracts the company
hoped to win. The new agreement also transfers in-house computing for such
things as personnel and benefits from MCI WorldCom to EDS, a job worth $5
billion to $7 billion over 10 years. MCI WorldCom will supply EDS with phone
and data communications services worth $6 billion to $8.5 billion.
[SOURCE: Washington Post (E1), AUTHOR: Mike Mills]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/mcieds12.htm
See also:
MCI WORLDCOM AND E.D.S. FORM AN ALLIANCE
[SOURCE: New York Times (C2), AUTHOR: Lawrence M. Fisher]
http://www.nytimes.com/library/tech/99/02/biztech/articles/12phone.html

FEDERATED TO BUY CATALOGUE RETAILER
Issue: Mergers
Federated Department Stores, the owner of Macy's and Bloomindale's, is
expanding its clientele into low-budget consumers and its presence online by
acquiring Fingerhut Companies, which is best known as the country's
second-largest catalog retailer. Fingerhut has been repositioning itself
recently going beyond mail order and focusing on its database marketing
business as well as acquiring minority stakes in a couple of Internet
retailers. Industry analysts called this another attempt by old-line
retailers to stake out a position in electronic commerce. Federated can use
Fingerhut's sophisticated computer networking and customer-service
infrastructure to compete with online retailers. Fingerhut also has a
customer base than is of lower average income than Federated, the largest
upscale department store retailer in the United States.
[SOURCE: Washington Post (E1), AUTHOR: Tim Smart]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/federated11.htm

=========
ANTITRUST
=========

MICROSOFT OFFICER DENIES MEMO BY AOL ON GATES BID TO GET RID OF NETSCAPE (WSJ)
Issue: Antitrust
Lead trial counsel for the Justice Department, David Boise questioned Microsoft
chief marketing director, Brad Chase about a memo written by AOL executive that
described statements made by Bill Gates at a Jan. 18, 1996 meeting between the
two companies. The memo says, "Gates delivered a characteristically blunt
query: how much do we need to pay you to screw Netscape?" Chase denies the memo
is factual and says he was at the meeting and no such statement was made. In
fact, he said after the 1996 agreement AOL customers could obtain Netscape
software. To the contrary, Mr. Boise presented Chase with a memo he had written
after the meeting, "describing the way of getting Netscape's browser software
as pretty remote." Downloading Web browsers from the WorldWide Web is a method
Chase cited as ensuring competition for Microsoft: "Downloading Web-browsing
software takes time, but millions of people do it, he said," Chase said. Mr.
Boise refuted this by saying that many downloading attempts fail or are done
merely to upgrade to a better version.
[SOURCE: Wall Street Journal (B8), AUTHOR: Keith Perine and Mark Boslet]

*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*
...and we're outta here. Have a great weekend. We'll be back on Tuesday.

Communications-related Headlines for 2/11/99

Headlines readers now total 4,457 -- thanks for your support!

ACCESS
Ads to Pay for Free PCs (NYT)

TELEPHONE
As Phone Wars Move To Rural Towns, Tactics Are
Growing Rougher (WSJ)
Utah Ends US West Support After Favoritism Claims (WP)
Speech: A Networked Future For All Americans (FCC)
Advertisement: SBC Communications...A New Breed of
Telecommunications Company (ChiTrib)

INTERNET
Administration and Management of The .us Domain Name Space (NTIA)
A New Market For Middlemen (WP)
More States Consider Laws Restricting Junk E-Mail (CyberTimes)
Court Upholds Internet Office Ban (CyberTimes)
Lawmakers Weigh National Security Issues and the Net (CyberTimes)

EDTECH
Speech: The Ed Tech Challenge: Training Our Youth for
21st Century (NTIA)

MERGER/LOBBYING
At&T, Poised To Close Tci Takeover, Puts Pressure On
State, Local Regulators (WSJ)

JOBS
Job Opportunities: NTIA's Office of Spectrum Management (NTIA)

PHILANTHROPY
For-Giving Technology (WP)

ANTITRUST
Microsoft Official Concedes Company Sought To
Restrict Web-Browser (WSJ)

======
ACCESS
======

ADS TO PAY FOR FREE PCS
Issue: Access
Free PC? Sort of. A start-up company, One Stop Communications, offered
10,000 free PCs on Monday to Internet users willing to watch advertisements
on their computers. Yesterday, the company offered 25,000 iMacs to users who
promise to spend at least $100 a month for 36 months at an online mall run
by the company. Recipients of the free computers also must agree to use One
Stop Communications as their Internet service provider at $19.95 a month.
[So, it's a great deal if you can't afford a $1000 computer, but you can
handle $1,500 in other purchases/charges per year...]
[SOURCE: New York Times, AUTHOR: Reuters]
http://www.nytimes.com/library/tech/99/02/biztech/articles/11mac.html

=========
TELEPHONE
=========

AS PHONE WARS MOVE TO RURAL TOWNS, TACTICS ARE GROWING ROUGHER
Issue: Telephony
Phone customers in Regent (ND) who signed up with Western Wireless, a company
recently launching "fixed wireless" service in Regent to compete with the
longtime sole local provider in the region, Consolidated Telephone Cooperative,
had their phone service shut off as a result of a conflict between the two
companies, spurred by a "fuzzy law." Western Wireless hopes to set up wireless
service in small, rural towns and has converted 32 customers so far in Regent.
It's offering "fixed wireless" to overcome customer reluctance of using
wireless in their home. It is wireless that looks and is used like a
conventional phone. Western Wireless also hopes to receive federal
"universal service"
subsidies that Consolidated now receives. Consolidated's chief executive, L.
Dan Wilhelmson said, "the customer-owned cooperative was merely responding to
what it felt was Western Wireless's failure to obtain necessary permission from
state regulators, and its failure to negotiate a working agreement with
Consolidated." As part of the 1996 Telecommunications Act, Congress worried
that rural towns like Regent may be left out as big providers vie to offer
service packages and exempted rural phone carriers like Consolidated from
fostering local competition. Consolidated, a company that employs 86 local
people last year began competing with US West for phone business in Dickinson,
a town of 17,000. Before it did, it followed state law to obtain permission and
a federal law to negotiate an agreement with US West. Consolidated expected
Western Wireless to do the same, and has now re-connected Wireless customers
for the time being. When Wilhelmson consulted with lawyers, they told him "the
law is fuzzy." An earlier law exempted wireless carries form state regulation.
"Congress never foresaw fixed-wireless service more like traditional wired
service when it's used to compete locally."
[SOURCE: Wall Street Journal, Feb. 10, 1999 (A1), AUTHOR: Bryan Gruley]

UTAH ENDS US WEST SUPPORT AFTER FAVORITISM CLAIMS
Issue: Telephony
Utah governor Mike Leavitt (R) has stepped away from a proposal to
drastically deregulate US West's operation in that state. Consumer groups
alleged that Gov. Leavitt had planed to offer deregulatory incentives in
exchanges for US West's renewed sponsorship of the scandal-ridden 2002
Winter Olympics in Salt Lake City. The local Bell company has just given
city Olympic officials $5 million dollars for preparations for the 2002
games.
[SOURCE: Washington Post (E1), AUTHOR: Mike Mills]
http://www.washingtonpost.com/wp-srv/business/feed/biztop918740216732.htm

SPEECH: A NETWORKED FUTURE FOR ALL AMERICANS
Issue: Universal Service (Rural)
2/10/99 Address of FCC Chairman Kennard before the National Telephone
Cooperative Association Annual Meeting, San Antonio (TX): If our strength as
a free people and as a democratic nation is tied to our organizations and
associations, then you all, cooperatives and small, independent phone
companies alike, are pillars of our democracy. Cooperatives bring local
communities together to provide essential services and to pursue a greater
good. And both telephone cooperatives and small rural telephone companies
literally link Americans who live in the countryside into the national
community. You make it possible for all Americans, whether they live in a
small town in Maine, on a ranch in Montana, or on a farm in Missouri -- to
be part of the debate and give and take that is vital to our democracy. By
investing in your exchanges where the big companies wouldn't, you have
enabled millions of Americans to be a part of the free exchange of ideas.
[SOURCE: FCC]
http://www.fcc.gov/Speeches/Kennard/spwek907.html

ADVERTISEMENT: SBC COMMUNICATIONS...A NEW BREED OF
TELECOMMUNICATIONS COMPANY
Issue: Telephone
SBC Communications, trying to win approval from regulators to purchase
fellow phone monopolist Ameritech, is running a full page ad in the Business
section of the Chicago Tribune. "We're working with regulators now to
approve our entry into long distance and our merger with Ameritech, which
will launch our expansion into 30 new major markets across the country. At
SBC, we move fast -- fast enough to stay up with our customers." The ad also
touts the company's recent alliance with Williams Communication.
[SOURCE: Chicago Tribune (Sec 3, p.5)]
http://chicagotribune.com/

========
INTERNET
========

ADMINISTRATION AND MANAGEMENT OF THE .US DOMAIN NAME SPACE
Issue: Internet
The National Telecommunications and Information Administration (NTIA) will
hold a public meeting to explore the future administration and management of
the .us domain name space. Topics to be discussed including the current
structure of the .us domain, issues and opportunities facing the current and
future management of the .us space, current practices and issues in the
management of other country code TLDs (ccTLDs), proposals for administering
the .us domain, and a discussion on the next steps for the management and
administration of the .us domain. An electronic copy of the Federal Notice
http://www.ntia.doc.gov/ntiahome/domainname/dotusmtg.fedreg.htm that
describes the meeting and agenda in further detail is available at
http://www.ntia.doc.gov. The meeting will be held March 9, 1999 10:00am to
4:30pm at the Dept of Commerce (14th and Constitution Avenue, NW); if you
plan to attend, you should complete a pre-registration form
http://www.ntia.doc.gov/ntiahome/domainname/dotusregform.htm. For further
info contact: Karen Rose, NTIA/OIA, (202) 482-1866. Media contact: Sallianne
Fortunato, NTIA Public Affairs, at 202-482-7002
[SOURCE: NTIA]
http://www.ntia.doc.gov/ntiahome/press/021099dotusmtg.htm

A NEW MARKET FOR MIDDLEMEN
Issue: E-Commerce
John Hagel III's, author of a new book, entitled "Net Worth" has a plan for
customers to take more control in the face of random advertising and privacy
issues on the Internet. Hagel says the Internet is breeding ground for
"infomediaries" that would keep customer information confidential and use it to
tailor ads to users, helping them get more from Internet retailers. "We would
rely on these agents to negotiate some benefit for us in return for that
information -- a price discount, free service or perhaps even cash," he
says. These
"informediaries" could only succeed, Hagel says, if customers trust them. The
companies would develop sophisticated software to allow customers security and
choice in how much is revealed about them. Yahoo and AOL are possible
contenders but they collect information only about users of their own services.
Websites like Intuit's Quicken.com and AutobyTel.com are cited as being
stronger contenders because they collect information about how customers use a
variety of services and retailers and present customers with choice among them.
He's skeptical of "online loyalty programs" like FreeRide Media that rewards
people for visiting certain sites. Hagel says these companies are likely to be
more loyal to advertisers.
[SOURCE: Washington Post (E1), AUTHOR: Leslie Walker]
http://www.washingtonpost.com/wp-srv/business/feed/biztop918740217812.htm

MORE STATES CONSIDER LAWS RESTRICTING JUNK E-MAIL
Issue: Internet
Several states are beginning to take the issue of spam (junk email) very
seriously. Three states have already enacted laws that make it illegal for
ISP customers to send spam if their ISP expressly forbids it. Others state
legislatures are also trying to find ways to address the problem of junk
mail without making it difficult for people to conduct authentic business
online. A fear has arisen that if laws vary state to state, legitimate
online marketing could be seriously hampered. "We would prefer a single good
federal law," said John Mozena, a board member of the Coalition Against
Unsolicited Commercial E-Mail (CAUCE), "but if we can't find a federal
solution we're going to have to work state by state."
[SOURCE: CyberTimes, AUTHOR: Jerry Clausing]
http://www.nytimes.com/library/tech/99/02/cyber/articles/11spam.html

COURT UPHOLDS INTERNET OFFICE BAN
Issue: Internet/ Content
Wednesday, a federal appeals court upheld a Virginia law that prohibits
state employees from looking at sexually explicit material on the Internet
while at work. Several college professors challenged the law, arguing that
it would effect their ability to conduct legitimate research. The court
ruled that government has the right to supervise the on-the-job activities
of its employees. "This is an enormously disappointing decision that runs
against the grain of free-speech decisions regarding the Internet," said
Kent Willis of the American Civil Liberties Union. A bill to repeal the law
is currently pending in the state Senate.
[SOURCE: New York Times, AUTHOR: Associated Press]
http://www.nytimes.com/aponline/a/AP-Internet-Porn.html

LAWMAKERS WEIGH NATIONAL SECURITY ISSUES AND THE NET
Issue: Security/Right to Gov Info
The House Commerce Committee has begun debating whether or not online
postings of unclassified, but sensitive information about potential
disasters at the nation's chemical plants should be permitted. Some
committee members fear that posting Environmental Protection Agency risk
management plans would give too much information to terrorist. Other members
argue that communities need to have this information -- which the Clean Air
Act mandated for public release -- to prepare for emergencies. "Are we
willing to forsake the health and safety of people who live near these
plants?" asked Representative Diana DeGette (D-CO). "The
benefit to the communities far outweighs the small risk," she added. Some
advocates worry that a proposal to limit the distribution of EPA data could
set a precedent for limiting the dissemination of other non-classified
government documents. Rather than taking advantage of the Internet's
democratic potential to allow citizens the ability to access public
information, these proposals view the Internet and its power to distribute
information as a threat," said Ari Schwartz, a policy analyst at the Center
for Democracy and Technology.
[SOURCE: CyberTimes, AUTHOR: Jerri Clausing]
http://www.nytimes.com/library/tech/99/02/cyber/articles/11epa.html

======
EDTECH
======

SPEECH: THE ED TECH CHALLENGE: TRAINING OUR YOUTH FOR 21ST CENTURY
Issue: EdTECH
Larry Irving spoke at the Mississippi Educational Technology Luncheon,
"Using Technology Tools to Transform Teaching and Learning," 1-27-99: When
you look at the world today, there's no doubt that technical literacy is as
important as "reading, writing, and arithmetic" to our students. New
technologies now pervade daily life. Today, some estimate that nearly 200
million people are now online worldwide -- not only for e-mail, but to shop,
listen to music, watch live video footage, or trade stocks. There are now
830 million web pages you can visit, and by 2003 there may be 8 billion.
"The Internet audience is not only growing, it is getting decidedly
mainstream," according to the Pew survey released two weeks ago. This year's
online holiday shopping is an example of that trend. It may not have been a
White Christmas, but it was certainly a "Web Christmas": consumers spent $ 8
billion on online holiday shopping this year, by some accounts - three times
the amount anticipated. But these technologies are doing more than
facilitating online shopping -- which is why it is so essential to
incorporate computer training in the school curriculum. The Internet,
wireless systems, and satellite technologies are opening new doors for
Americans. Now, those in remote areas and those at home, can take distance
education courses from universities worldwide. They can use these
technologies to brush up old skills or to learn new ones to find jobs in
newly expanding areas. Even navy officers serving on aircraft carriers can
now access courses using computers, satellite transmissions, and video
conferencing. And, if you have a computer and online access, you can explore
the thousands of job postings that are placed only on the Net, or find the
best price for a consumer good.
[SOURCE: NTIA]
http://www.ntia.doc.gov/ntiahome/speeches/edtech12799.htm

===============
MERGER/LOBBYING
===============

AT&T, POISED TO CLOSE TCI TAKEOVER, PUTS PRESSURE ON STATE, LOCAL REGULATORS
Issue: Mergers
AT&T is rushing to close its deal with TCI and may despite having some
regulatory
obstacles still in place. "As of yesterday, AT&T still needed approval from 28
municipalities covering more than 800,000 customers in such key markets as Los
Angeles, Oakland (CA), and King County (WA), which includes Seattle." William
Lowery, an attorney with Miller & Van Eaton in San Francisco, has been working
on the deal in several CA cities and says that local authorities may impose
financial penalties if AT&T closes the deal before approval. Local Bells are
gearing up to counter AT&T bundle packages of long distance, Internet, video
and discounted local services by offering competing packages.
[SOURCE: Wall Street Journal (B6), AUTHOR: Leslie Cauley, and Rebecca
Blumenstein]

====
JOBS
====

JOB OPPORTUNITIES: NTIA'S OFFICE OF SPECTRUM MANAGEMENT
Issue: Jobs
Four new job opportunities for Telecommunication Policy Analysts and
Telecommunications Specialists have been posted by NTIA's Office of Spectrum
Management. See URL below.
[SOURCE: NTIA]
http://www.ntia.doc.gov/osmhome/jobmenu.html

===========
PHILANTHROPY
===========

FOR-GIVING TECHNOLOGY
Issue: Philanthropy
Steve Case, AOL chief executive, has made an offer that students of a DC
area high school can't refuse. Case told students of Calvin Cooligde High
School that each one who earns a 3.5 grade point average or above will
receive money toward college, a AOL employee mentor, and free SAT
preparation from Kaplan. The AOL Foundation, a nonprofit arm of the company,
will also provide the school with 30 computers and unlimited AOL online
access. Recently, both Xerox and Microsoft have donated money and supplies
to help homeless people and welfare recipients gain basic computer skills.
[SOURCE: Washington Post (E1), AUTHOR: Shannon Henry]

=========
ANTITRUST
=========

MICROSOFT OFFICIAL CONCEDES COMPANY SOUGHT TO RESTRICT WEB-BROWSER (WSJ)
Issue Antitrust
Microsoft Vice President Cameron Myhrvold conceded yesterday in the antitrust
trial against the company that Microsoft gave Internet Service firms visibility
on the "desktop screen" -- in exchange, firms agreed to restrict distribution of
Netscape's rival Web browser. Incentives were provided to firms to not inform
customers of the choice available. "You were concerned that if you presented
customers with a choice, they would pick Netscape and not Internet Explorer?"
Asked Justice Department lawyer David Boies. "Yes, that's right," replied
Myhrvold. Written testimony is expected today by Microsoft marketing chief
Mr. Chase who has told the court that AOL chose Microsoft over Netscape because
of superior technology, not because they were offered a spot in the
online-services folder of Windows desktop screen. AOL Senior Vice President
David Colburn's October testimony is contradictory. He told the court that he
chose Microsoft because of the link to Windows.
[SOURCE: Wall Street Journal (A4), AUTHOR: Keith Perine and John Wilke]

*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*

Communications-related Headlines for 2/10/99

Today's dog is wireless telephony

ELECTRONIC COMMERCE
USA/Lycos, a Merger Chasing Electronic Commerce (WP)
Amazon.Com Plans To Revise Its Ad Program
Quarterly Internet Ad Revenues Double
AOL to Offer Advice, Sell New PCs Online (WP)
In China, the Internet Is Double-Edged

EDTECH
Copyright Law Raises Questions for Distance Education

TELEPHONY
Progress Report: Long Distance & Local Service (NTIA)
Speech: The Telecom Act at Three: Seeing the Face of
the Future (FCC)
Bell Atlantic, in Wake of GTE Deal, Still Hopes to Extend
Wireless Network (WSJ)
Speech: Crossing Into The Wireless Century (FCC)
'Caller Pays' System Eyed for Mobile Phones (SJ Merc)
Speech: Consumers, Competition, and the Veil of Ignorance (FCC)
U.S., Europe Wireless Roaming Made Easier (SJ Merc)

CABLE
Kennard: AT&T/TCI Need Not Unbundle (B&C)
AT&T Faces a Heated Party Line (B&C)

TELEVISION
Study Finds TV Misses a Chance with Sex (WP)

ANTITRUST
Us Challenges Microsoft On Videotape Showing Web Access
Using Its Browser (WSJ)

===================
ELECTRONIC COMMERCE
===================

USA/LYCOS, A MERGER CHASING ELECTRONIC COMMERCE
Issue: Electronic Commerce
Walker calls the new USA/Lycos Interactive Network "yet another hastily
assembled contraption that is part fast-moving Internet machine, part
slow-moving traditional business." Under the merger announced yesterday,
Internet gateway Lycos would be married to two ventures
under Barry Diller -- cable TV's Home Shopping Network and Ticketmaster
Online-Citysearch. Lycos chief executive Robert Davis said, "We have
created a framework for becoming the largest electronic commerce entity
anywhere." Mr. Diller said, "I think we are entering a period of new convergence
-- of information, entertainment and direct selling." Lycos' new services
will position it better as a portal, a starting point for Web exploration,
including shopping. After Lycos' stock prices dropped yesterday, analysts
said that in addition to being disappointed at the valuation of the company,
shareholders are concerned that the addition of home shopping and ticket
sales could make the new company more like the traditional media businesses,
which have lower valuations in the stock market than Internet entities.
[SOURCE: Washington Post (E1), AUTHOR: Leslie Walker]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/lycos10.htm
See also:
LYCOS DEAL MEETS THE NEW INTERNET MATH
[SOURCE: New York Times (C1), AUTHOR: Saul Hansell]
http://www.nytimes.com/library/tech/99/02/biztech/articles/10net.html

AMAZON.COM PLANS TO REVISE ITS AD PROGRAM
Issue: Advertising/E-commerce
The online book giant, Amazon.com, has pledged to change its book
endorsement policy as a result of complaints from its customers. Amazon
received a flood of emails from customers disappointed to discover that the
company places titles on recommend book lists, such as "What We're Reading,"
in exchange for advertising fees from book publishers. The book seller has
agreed to disclose when publishers have paid to have their books featured in
special sections of the site. [Now if only real-world bookseller would do
the same!] The new policy, however, will not take effect until March 1st. In
the meantime, Amazon has expanded its book return policy to demonstrate its
faith in the recommendation it has provided.
[SOURCE: New York Times (C1), AUTHOR: Doreen Carvajal]
http://www.nytimes.com/library/tech/99/02/biztech/articles/10amazon.html

QUARTERLY INTERNET AD REVENUES DOUBLE
Issue: Advertising/Internet
Quarterly revenues for Internet advertising have more than doubled in the
past year, according to a report issued by the Internet Advertising Bureau
on Tuesday. The IAB, a New York based trade group, estimated that
advertising revenues for the year would total $2 billion. While this
represents large gains for the Internet, that figure would only represent
1% of the total spent on advertising in America each year. "It sends a signal
both to the agencies and their clients that this is a true mass medium that
they're going to have to deal with going forward," said Paul Noglows, who
follows consumer media for Hambrecht & Quist, a San Francisco investment bank.
[SOURCE: CyberTimes , AUTHOR: Lisa Napoli]
http://www.nytimes.com/library/tech/99/02/cyber/articles/10ad.html

AOL TO OFFER ADVICE, SELL NEW PCS ONLINE
Issue: Electronic Commerce
In March, America Online will start offering online computer shopping
guides on the main AOL service, on Compuserve's online service, and at
http://AOL.com. The AOL guides will offer shoppers product reviews,
recommendations, and up-to-date prices and will allow consumers to make
purchase online. Under the deal announced yesterday CNET Inc., the producer
of the guides, will gain revenue from advertisements appearing on the
service and from selling phone-book style listings to computer stores. The
service attempts to automate the job of the salesperson in a retail computer
store. "What you want is a simple experience," said Jonathan Sacks, an AOL
vice president. "Buying a computer is an unnecessarily difficult and
confusing process for many consumers." CNET already has a version of the
service at http://computers.com.
[SOURCE: Washington Post (E5), AUTHOR: Shannon Henry]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/aol10.htm

IN CHINA, THE INTERNET IS DOUBLE-EDGED
Issue: Internet/ International
In China, the Internet - which only became commercially available in 1995 -
has opened up a world of information to its more than 2 million users. While
the government still has a tight grip on Internet communication, with all
connections passing through one of just four state-controlled gateways, the
Web has enabled scholars and others to access research and information
previously inaccessible. The Internet has also allowed the Chinese to embark
upon the new frontier of e-commerce. The going is slow in a nation where
only a select few actually have a credit card. More immediately feasible,
however, are new possibilities for sales between Chinese and foreign
companies introduced by the Web. As the Chinese government desperately tries
control "objectionable" sites and messages, it also knows that the growth of
the Internet must be fostered in order to move China ahead in the realms of
technology and commerce. And, as Guo Liang, a philosopher at the Chinese
Academy of Social Sciences notes; "Once this information door is opened, you
can't close it."
[SOURCE: CyberTimes, AUTHOR: Erik Eckholm]
http://www.nytimes.com/library/tech/99/02/cyber/articles/10china.html

======
EDTECH
======

COPYRIGHT LAW RAISES QUESTIONS FOR DISTANCE EDUCATION
Issue: Advertising/Internet
The U.S. Copyright Office is holding a series of public hearings to
determine whether or not the current copyright laws are sufficient to
protect teachers of distance learning courses. Educators say that -- while
there are laws protect the use of materials for distance learning -- there
needs to be additional language that accounts for the use of new technology
such as the World Wide Web. "We want laws in place...that make it clear
what we can and cannot do, so we move in an environment that is supportive
of distance learning rather than undermining of it," said Leslie A. Harris,
a lawyer and lobbyist for groups including the Consortium for School
Networking. Copyright holders, however, are concerned about any possible
changes to the current laws. "If you carve out this huge exemption and allow
anyone who calls himself a 'distance educator' to digitize and disseminate
material to a large number of people, control of the product can quickly get
out of hand," said Fritz E. Attaway, general counsel to the Motion Picture
Association of America.
[SOURCE: CyberTimes, AUTHOR: Pamela Mandels]
http://www.nytimes.com/library/tech/99/02/cyber/education/10education.html

=========
TELEPHONY
=========

PROGRESS REPORT: LONG DISTANCE & Local Service
Issue: Long Distance
From the executive summary: 1) Growing competition in long-distance services
has eroded AT&T's market share from its former monopoly level to about 50
percent. With this competition has come increasing availability of low-cost
calling plans for a broad range of consumers. As a result, average revenue
per minute earned by carriers has been declining steadily for several years
and long-distance usage has increased substantially. Consumers will likely
reap further benefits as competition grows in the long-distance market under
the Telecommunications Act of 1996. 2) Many new carriers have entered the
wireline local services market since the 1996 Act, providing both
switched voice and high-speed data services to customers. To date they have
created more than 50,000 new jobs and attracted over 30 billion dollars
worth of capital investment, not counting debt or private venture financing.
Recent entrants, including resellers, have so far captured between 2 and 3
percent of the local services market measured by lines and about 5 percent
of the market measured by revenues. The competitive emphasis to date has
been on business rather than residential customers, due partly to underlying
economic and regulatory factors. As competitors establish their businesses
and expand their networks, and now that the Supreme Court has affirmed the
FCC's broad authority to implement the 1996 Act's market-opening provisions,
local competition for residential customers is likely to increase.
[SOURCE: NTIA]
http://www.ntia.doc.gov/ntiahome/press/ceafinalrpt.htm

SPEECH: THE TELECOM ACT AT THREE: SEEING THE FACE OF THE FUTURE
Issue: Competition
Address of Chairman Kennard at Comptel 1999 Annual Meeting and Trade
Exposition in Atlanta, GA on February 8, 1999: The Telecom Act is the
foundational document for a world where monopoly has been replaced with
competition, where uniformity of service has been replaced with a multitude
of choices, and where the technologies enjoyed by the privileged are
available to us all. The Act is three years old. A good time to judge our
progress. On one hand, three years is not a long time. We will be judging
this law for many years to come....When figuring out what sort of
telecommunications framework to establish for our country as it entered the
21st century,
Congress wisely reached back to a value as old as America itself: choice.
The idea that once given an array of options, individuals can best decide
what is best for them. Thus, Congress gave the FCC the tools to break open
monopoly markets to competition....It's a model that recognizes that our
shared aspirations for a strong community based on the value of equal
opportunity are not entirely met by market forces. That we must have a
strong, independent regulatory system to pry open markets and keep them
open....Now that the courts have upheld most aspects of the FCC's
implementation of the Act, we must ensure that the Supreme Court's recent
decision produces momentum to the market-opening mandates of the Act. Not
more delay. Not more confusion. First and foremost, that means making sure
that each of the three pathways to competition spelled out in the Act is
open: facilities-based competition, resale, and unbundled network elements.
[SOURCE: FCC]
http://www.fcc.gov/Speeches/Kennard/spwek905.html

BELL ATLANTIC, IN WAKE OF GTE DEAL, STILL HOPES TO EXTEND WIRELESS NETWORK
Issue: Wireless
Bell Atlantic Corp. Chairman and Chief Executive Ivan Seidenberg said their
pending merger with GTE may not mean ownership of a nationwide wireless
network,
but will provide scale: "Large numbers of customers will enable the company
to cut costs and
invest in better services," Mr. Seidenberg said. Meanwhile, Vodofone Groups PLC
merger with Airtouch last month may affect the PrimeCo partnership between
Airtouch and Bell Atlantic that covers part of the Midwest. The two companies
say there are legal stumbling blocks, but would prefer to keep it together.
[SOURCE: Wall Street Journal (p. B9A), AUTHOR: Shawn Young]

SPEECH: CROSSING INTO THE WIRELESS CENTURY
Issue: Wireless
Speech of Chairman Kennard at the CTIA Convention in New Orleans, LA on
February 9, 1999: there are over 68 million Americans who own a mobile
phone. Last year, they made calls on a service that cost 40 percent less
than it did three years ago. And over the next five years, some say that the
price will drop yet another 40 percent. Last year's wireless revenues were
$30 billion....Wireless is the poster child for competition....Only five
percent of phone calls are now made on mobile phones. I think that number
would increase dramatically with a calling
party pays system. This is not an easy matter. Your industry has been
divided on this question in the past and there are some tough consumer
protection issues to work through. But I believe that it's time to tackle
these issues together."
[SOURCE: FCC]
http://www.fcc.gov/Speeches/Kennard/spwek906.html

'CALLER PAYS' SYSTEM EYED FOR MOBILE PHONES
Issue: Telephony
Normal landline telephone service operates on a "calling party pays" plan.
Federal Communications Commission Chairman William Kennard suggested Tuesday
that a similar plan be used in wireless service. Right now, if you accept a
call on your wireless phone, you pay an air time charge for the call. The
FCC this spring is expected to propose rules that would allow wireless
carriers to levy "calling party pays" charges, if their customers chose that
option. Speaking at a wireless convention in New Orleans, Chairman Kennard
said, "Only 5 percent of phone calls are now made on mobile phones. I think
that number would increase dramatically with a 'calling party pays' system."
Pacific Bell has opposed the idea, saying many people who call a mobile
phone might not realize they are paying extra for the call. Tom Murphy of
Sprint PCS said, "The goal from our perspective is to see more minutes go to
the wireless network. We want to see people make their Sprint PCS phone
their everyday phone for all their calls."
[SOURCE: San Jose Mercury News (Mercury Center), AUTHOR: Deborah Kong & Jon
Healey]
http://www.mercurycenter.com/svtech/news/indepth/docs/cell021099.htm

SPEECH: CONSUMERS, COMPETITION, AND THE VEIL OF IGNORANCE
Issue: Regulation
Introductory Remarks of Commissioner Tristani at the CTIA conference panel
on "Public Policy Affecting Your Bottom Line" February 9, 1999: There's been
a lot of discussion lately about competition and deregulation. In these
discussions, one becomes the chicken, the other the egg, and we go around
and around debating which comes first....If I could, I'd like to take a step
back and look at the full regulatory landscape. From this perspective, I
see three aspects of public policy: policies that address the foundation
for competition, policies that address industry's relationship with its
consumers and its competitors, and policies that address the public
interest....The Communications Act directs that we ensure that
communications services be available to all people of the United States.
And that it be used for the purpose of protecting life and property. So I
would ask, consistent with that statutory obligation, where might the market
fail to provide the goods that we all, as citizens, would want our society
to provide?....Let's resist the temptation of reducing our public policy
dialogue to the mere issue of whether we ought to "regulate markets." Such
a reduction is simplistic and wrong. I certainly have no interest in
managing the competitive markets of wireless. But the Commission will
always have its critical obligation to ensure that spectrum is used for the
benefit of all.
[SOURCE: FCC]
http://www.fcc.gov/Speeches/Tristani/spgt902.txt

U.S., EUROPE WIRELESS ROAMING MADE EASIER
Issue: Telephony
U.S. wireless customers buying phones after the middle of next year will be
able to use them in Europe. An agreement announced Tuesday means phone
manufacturers will begin selling phones that can work over the two most
common wireless standards in the United States (TDMA and analog) as well as
over the Global System for Mobile Communications (GSM), the standard in
Europe and Asia. The agreement should also boost the fortunes of the limited
number of US carriers that use GSM. The agreement was struck between two
competing groups of service providers, the North American GSM Alliance and
the Universal Wireless Communications Consortium. Presently the US has
about three million GSM subscribers and about 60 million using the analog or
TDMA standards. Outside of the U.S. more than 130 million people use GSM phones.
[SOURCE: San Jose Mercury News (Mercury Center), AUTHOR: Reuters]
http://www.mercurycenter.com/svtech/news/breaking/reuters/docs/131645l.htm

=====
CABLE
=====

KENNARD: AT&T/TCI NEED NOT UNBUNDLE
Issue: Cable/Internet
Federal Communications Commission Chairman William Kennard said last week
the FCC will not require the broadband network proposed by AT&T and
Tele-Communications Inc. to be opened up to Internet competitors. His
comments came a week after the Commission decided against launching an
inquiry into the need for unbundling rules that would apply to the entire
cable industry. Chairman Kennard said that requiring one company to open
its network to Internet competitors would be unfair and would dissuade other
cable companies from merging to enter the broadband market. Earlier in the
week, the FCC's Cable Service Bureau recommended the commissioners approve
the merger without unbundling conditions. In his comments, Chairman Kennard
did leave open the option of reopening the unbundling question later if
consumers do not have a wide choice in broadband service providers. America
Online, US West and other proponents of open-access rules last week formed a
lobbying group called OpenNet to convince regulators and Congress that they
cannot use dial-up services to compete against cable and high-speed
networks. Cable industry officials derided the new lobbying effort. In
meetings this week Chairman Kennard is expected to tout the AT&T/TCI merger
as one of the benefits of the Telecommunications Act of 1996.
[SOURCE: Broadcasting&Cable (p.12), AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/ 2/8/99

AT&T FACES A HEATED PARTY LINE
Issue: Cable/Broadband
Three multiple system cable operators (MSO), Comcast Corp., Cox Communications
Inc. and MediaOne are joining up to negotiate a deal with AT&T comparable to
the Time Warner deal made last week. That deal allows AT&T to equip 12.9
million
Time Warner customers with long distance service. "They're getting together
so AT&T
can't play one off the other, said the CEO of another MSO not involved in this
round of talks." The three MSO's also have some additional leverage: MediaOne
owns 26% of Time Warner Entertainment and therefore has a say in the approval
of the current deal with AT&T. The Time Warner deal is important to AT&T in
order to bypass Baby Bells in offering long distance. AT&T is committing
billions to prod MSO operators to upgrade their systems to be telephone-ready.
The three MSO's argue their systems serve as many homes as Time Warner, so they
should get the same deal. AT&T executive said the trio is likely to "snag
negotiations that are already difficult." The currently proposed deal is quite
lucrative for Time Warner. The company will receive $15 per household that is
upgraded to telephone ready cable. After five years Time Warner will receive
monthly payments from AT&T equal to 25% of its telephone-ready system base.
[SOURCE: Broadcasting&Cable (p.51), AUTHOR: John M. Higgins]
http://www.broadcastingcable.com/ 2/8/99

==========
TELEVISION
==========

STUDY FINDS TV MISSES A CHANCE WITH SEX
Issue: Television
The Kaiser Family Foundation released a study yesterday of 1,300 network and
cable shows, finding only 9% of those that deal with sex also deal with
risks or contraception. Sitcoms were the worst offenders, showing
responsibilities around sex only 3% of the time. President of the Kaiser
Foundation Drew Altman says, "It would be wrong and a total waste of time to
try to talk the entertainment industry out of sex. But our philosophy is that
it's possible to both entertain and make money and do good at the same time."
One show, Felicity, about a college-age woman who is exploring the idea of
losing her virginity this season, came on the air too late to be part of the
study. J.J.Abrams, executive producer of the show has consulted with the Kaiser
Foundation on its treatment of sex on the show and says, "To depict sex or any
subject without showing the realities and consequences of that act is
irresponsible." Other Kaiser studies have shown 1/4 of teens say they "learned a
lot about pregnancy and birth control from TV." Kaiser conducted the study to
create data for public debate about the impact of TV and will do another study
in 18 months.
[SOURCE: Washington Post (C1), AUTHOR: Sharon Waxman]
http://www.washingtonpost.com/wp-srv/WPlate/1999-02/10/017l-021099-idx.html

=========
ANTITRUST
=========

US CHALLENGES MICROSOFT ON VIDEOTAPE SHOWING WEB ACCESS USING ITS BROWSER
Issue: Antitrust
The Justice Department questioned a video demonstration made by Microsoft that
compared accessing the Internet by using Windows 98 and the older 3.1 version
of Windows. Microsoft's aim was to show the efficiency of accessing the
Internet with Windows. David Boies, lead trial counsel for the Justice
Department argued that a faster modem was used in the Windows 98 demonstration,
therefore making it an unfair comparison. Microsoft executive Tod Nielson
said outside
the courtroom that the Windows 98 demonstration used a 33k modem, only a bit
faster than the 28k modem used in the 3.1 demonstration. With 7 more defense
witnesses to go for Microsoft, District Judge Thomas Penfield Jackson says a
recess next month is likely. Closing arguments may not be made until April.
[SOURCE: Wall Street Journal (p. B6), AUTHOR: Keith Perine and John R. Wilke]
See also:
NEW MICROSOFT TAPE DISPUTED
[SOURCE: Washington Post (E1), AUTHOR: Rajiv Chandrasekaran]
http://www.washingtonpost.com/wp-srv/business/longterm/microsoft/micro.htm

*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*

Communications-related Headlines for 2/9/99

INTERNET
Internet Panel Proposes Rules For Addresses (WSJ)
USA Networks To Merge Unit with Lycos (WSJ)

ELECTRONIC COMMERCE
Despite Reprieve, Tax Laws Complicate Internet Retailing (CyberTimes)
A Swedish Model for Sales: Hold the Content (CyberTimes)
Leading Recording Companies to Test Online Digital Sales (NYT)

ALLIANCES
Telecom, Net Firms to Take Web Wireless (WP)
SBC Forms Alliance with Long Distance Firm

TELECOM GENERAL
Progress Report: Growth and Competition in
U.S. Telecommunications 1993-1998 (NTIA)

SATELLITE
In Satellite-TV Carriers' Fight With Networks, Lawmakers Scramble To
Fend Off PR Disaster (WSJ)

INFOTECH
Survey finds half of American homes have PCs (SJ Merc)
2 New Products Will Reach Out to Not-Yet-PC Masses (SJ Merc)

NEWSPAPERS
Newspapers Try "Public Journalism" To Expand Readers (WSJ)

ANTITRUST
Microsoft Executive Ends the Day Mostly Unscathed (NYT)

INTERNATIONAL
New Phone Fee In Germany Pleases No One (WSJ)

========
INTERNET
========

INTERNET PANEL PROPOSES RULES FOR ADDRESSES
Issue: Internet
A government panel proposed rules for registering Internet addresses. The
panel, Internet Corporation for Assigned Names and Numbers (or Icann) was
formed last fall in order to spur competition in the domain-registration
market. The panel said they kept requirements "pretty low" in order to promote
competition and diversity. One standard is that address registrars would need
$100,000 in liquid assets and $500,000 in liability insurance, "setting the bar
low enough to accommodate smaller companies." Other guidelines are that
registrars need to be well staffed in order to "prevent malicious or
accidental disruptions of operations," be able to handle customer service and
registrations, and allow customers to change registrars without disrupting
their service.
[SOURCE: Wall Street Journal (p. B6), AUTHOR: John Simons]
REQUIREMENTS FOR INTERNET REGISTRARS ANNOUNCED
Issue: Internet Regulation
The Internet Corporation for Assigned Names and Numbers
http://www.icann.org announced the requirements for companies that want to
compete with Network Solutions Inc. in the business of registering Internet
addresses. Prospective registrars must have $100,000 in the bank, $500,000
in liability insurance and a proven computer infrastructure. ICANN also
posted competing sets of proposed bylaws for the supporting organization
being formed to help the nonprofit corporation decide when and how to add
new top-level domains. ICANN is asking for public comment on the guidelines
and bylaws which its board of directors will decide on March 2 through 4 in
Singapore.
[SOURCE: CyberTimes, AUTHOR: Jeri Clausing jeri( at )nytimes.com]
http://www.nytimes.com/library/tech/99/02/cyber/articles/09domain.html

USA NETWORKS TO MERGE UNIT WITH LYCOS
Issue: Merger
USA Networks is expected to announce today a merge of the Home Shopping
Network with Lycos. Ticket Master Online-City Search, a separately
traded company that USA controls is also part of the deal. The new company,
called USA/Lycos Interactive Networks Inc. will have 1.5 billion in sales and
reach 30 million Web users and half of all Web surfers. "According to the
people familiar with the deal, USA Networks and Lycos envision an
electronic-commerce giant that will direct consumers from the Web to the Home
Shopping Network and back." Lycos will also be promoted on USA Network and the
Sci-Fi channel. Lycos has grown quickly recently by spending $250 million last
year on acquisitions by tracking where Lycos users went after leaving the site.
[SOURCE: Wall Street Journal (A3), AUTHOR: Eben Shapiro and Jon G. Auerbach]

===================
ELECTRONIC COMMERCE
===================

DESPITE REPRIEVE, TAX LAWS COMPLICATE INTERNET RETAILING
Issue: E-Commerce
Did you think the Internet Tax Freedom Act made the global computer network
a duty free zone? Not so. In the eyes of most state tax collectors,
Internet retailers are treated like catalogue companies: if the company has
a physical presence in the customer's state, the company must charge a sales
tax. But sales tax requirements only affect companies with a physical
presence in a particular state, so Internet retailers who have a real-world
presence are struggling with complicated tax laws.
[SOURCE: CyberTimes, AUTHOR: Bob Tedeschi tedeschi( at )nytimes.com]
http://www.nytimes.com/library/tech/99/02/cyber/commerce/09commerce.html

A SWEDISH MODEL FOR SALES: HOLD THE CONTENT
Issue: E-Commerce
It's all about the meatballs. When we think about successful Web retailers
-- like Amazon.com -- we think about tailored offerings, specialized
information and community-building features -- packaging content with th
items you wish to sell (like reviews and purchasing suggestions. But a
Swedish company, Boxman http://www.boxman.com, has a new credo: "Move away
from content if you want to sell things." "Those who claim that the value
of their company resides in the ability to mass-tailor advice and
information are wasting time," said a company vice president. "The value of
the company is in selling more music to more people, faster and cheaper.
When we ask customers what they want, they don't answer 'community feeling'
or 'shopping experience.' They want more music samples, ease of use, speed
and low prices. That's all that they care about." Boxman claims 5% of the
overall CD market in the Scandinavian countries -- and to be already turning
a profit.
[SOURCE: CyberTimes, AUTHOR: ]
http://www.nytimes.com/library/tech/99/02/cyber/eurobytes/09eurobytes.html

LEADING RECORDING COMPANIES TO TEST ONLINE DIGITAL SALES
Issue: E-Commerce
The five major recording companies said Monday that they would, for the
first time, begin to test selling albums as digital information transmitted
over the Internet. IBM has created software for the effort. The system
would let consumers pay for an album by credit card, download it with a
cable modem in less than 10 minutes, and play it back through computer
speakers or record it on tape or other media. The initial test will involve
1,000 subscribers of Time Warner's Roadrunner cable modem service in San
Diego beginning in April. In this test, they will employ a digital
watermark containing information on where the music came from and who owns
the rights. The data will be encrypted so that only a legitimate user can
play it back. The music companies (Sony, Time Warner, Universal, EMI and
Bertelsmann) also want the on-line music to be "copy-protected," enabling
them to determine the number of digital copies a consumer could make. Music
companies are searching for ways to sell legitimate copies of their products
on-line in a secure format because the MP3 format is being used on the
Internet for distributing music recordings that have been copied without
permission.
[SOURCE: New York Times (C12), AUTHOR: Jon Pareles]
http://www.nytimes.com/library/tech/99/02/biztech/articles/09blue.html

=========
ALLIANCES
=========

TELECOM, NET FIRMS TO TAKE WEB WIRELESS
Issue: Internet
Washington Post reporter Mike Mills reports a series of announcements from
telecommunication and computer firms yesterday reflected "a common view in
the industry that the Web is going wireless and vice versa." Industry
officials saw the day's flurry of big-name alliances as a sign that wireless
data is finally poised to take off. Nextel Communications Inc., which plans
pocket phone service to business customers, said the company will work with
Netscape Communications Corp. to develop Internet software for its phones.
Customers would be able to use the phones for access to the Internet or
company databases, or to retrieve e-mail. The company plans to test the
service in six metropolitan areas this year. In other news from a computer
show in New Orleans, Microsoft Corp. announced a deal to test its Windows CE
operating system for consumer electronics devices in pocket phones operated
by British Telecommunications PLC. And Cisco Systems Inc. joined forces
with Motorola to develop products and standards for moving Internet data
over wireless networks.
[SOURCE: Washington Post (E1), AUTHOR: Mike Mills]
http://www.washingtonpost.com/wp-srv/business/daily/feb99/wireless9.htm
Motorola, Cisco Aim For New Standard
MOTOROLA, CISCO AIM FOR NEW STANDARD
Issue: Convergence/Internet Access
As reported yesterday, Motorola and Cisco announced a joint plan to provide
voice and data services over wireless telephones and other devices. The plan
would provide the wireless industry with a single standard for Internet
transmissions -- three are currently in use for wireless telephony. Airtouch
and Sprint lent support to the announcement. "You can't ignore it because of
the size of the players," said an industry analyst. "It does make sense.
Much, much more of Internet connectivity is going to be wireless."
[SOURCE: Chicago Tribune (Sec3, p.1), AUTHOR: Andrew Zajac]
http://chicagotribune.com/textversion/article/0,1492,ART-23132,00.html

SBC FORMS ALLIANCE WITH LONG DISTANCE FIRM
Issue: Long Distance
With the goal of becoming a full-service, end-to-end global provider -- with
a large national footprint -- SBC Communications announced a partnership
with Williams Communications that will give the phone giant a 10% stake in
the long distance company. "We've decided that we need to serve customers
within our region and outside it with long distance," said an SBC executive.
"We don't want to resell someone else's service, but we don't want to have
to build our own network either. We were looking for a long-distance partner
that would enable us to control our own products without building or buying
a network, and that's what the Williams deal does for us. This is
complementary to our national-local strategy as well, and that's a bonus."
[SOURCE: Chicago Tribune (Sec 3, p.2), AUTHOR: Jon Van]
http://chicagotribune.com/textversion/article/0,1492,ART-23143,00.html

===============
TELECOM GENERAL
===============

PROGRESS REPORT: GROWTH AND COMPETITION IN
U.S. TELECOMMUNICATIONS 1993-1998
Issue: Competition
From the Press Release
http://www.ntia.doc.gov/ntiahome/press/cea20899pr.htm: Secretary of
Commerce William M. Daley and Council of Economic Advisors (CEA) Chair Janet
Yellen announced the findings of the CEA report on the growth and
competition in the telecommunications industry. The report documents the
positive impact that the telecommunications industry has had on our nation's
economy. The report also underscores the important role that President
Clinton and Vice President Gore's National Information Infrastructure (NII)
initiative played in promoting a telecommunications and information
infrastructure that is competitive, based on private investment, and that
benefits consumers. See also Sec Daley's remarks
http://www.ntia.doc.gov/ntiahome/speeches/ceaopa.htm
[SOURCE: NTIA]
http://www.ntia.doc.gov/ntiahome/press/ceafinalrpt.htm

=========
SATELLITE
=========

IN SATELLITE-TV CARRIERS' FIGHT WITH NETWORKS, LAWMAKERS SCRAMBLE TO
FEND OFF PR DISASTER
Issue: Broadcasting/Satellite TV
More than 2 million households that receive network television via satellite
dishes are in danger of losing their signal, with Feb 28 as the first shutoff
date. Senate Commerce Committee Chairman John McCain (Arizona) introduced a
bill that would allow for satellite carriers to retransmit local networks
signals to local markets and allow some viewers who are now getting it
illegally to continue temporarily. Meanwhile, satellite carries Primetime 24
and Direct TV are encouraging consumers to write to
Congress and install rooftop antennas. To handle the overwhelming consumer
response, PrimeTime 24 has set up a hotline that connects callers to their
representatives: 1-888-SAVE MY TV. Representative Peter DeFazio (D-Oregon)
says, "People feel their TV service is a basic right." The law currently states
that satellite carriers aren't permitted to transmit local networks to
subscribers, with a small exception for those in remote areas whom can't get a
clear picture from a network station. Broadcasters argue that satellite
carriers are threatening their advertising revenues. Satellite TV industry
executives argue they need to offer network programs to compete against cable.
[SOURCE: Wall Street Journal (A24), AUTHOR: Kathy Chen]

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INFOTECH
========

SURVEY FINDS HALF OF AMERICAN HOMES HAVE PCS
Issue: InfoTech
The PC home penetration rate continues to grow, reaching 50 percent in a
report from market research firm Dataquest that is out today. The 23
percent change in just three years is being driven by strong sales of
lower-priced personal computers and by increased computer performance.
"There is evidence that the first time buyers are coming from households in
the lower socioeconomic levels, however the increase in penetration is
across all segments," Van Baker of Dataquest said.
[SOURCE: San Jose Mercury News, AUTHOR:Reuters]
http://www.mercurycenter.com/svtech/news/breaking/merc/docs/067022.htm

2 NEW PRODUCTS WILL REACH OUT TO NOT-YET-PC MASSES
Issue: InfoTech
Dan Gillmor, the Mercury News Computing Editor, at a technology show
discovered two items which he says will "bring the benefits of computing and
communications to the currently non-computing, non-connected 50 percent or
more of American households." One was a "free PC." Pasadena-based
Free-PC.com is offering a decently, well-equipped Compaq PC that would cost
about $600 in a store today. The company says it will distribute an initial
10,000 units, eventually up to a million. Already people have been
clamoring on the company's website to get the machines. Users will get
no-cost Internet accounts, and agree to give up a substantial part of the
screen to advertising pitches. Free-PC will make its money from the
advertising and from a cut of revenues generated by customers who go
shopping electronically using the machines. The second compelling item at
the technology show was the Qubit, a highly portable simple computer for
online communication. The Qubit, which is not yet for sale, will consist of
several pieces: a tablet-like, magazine-sized touch screen with built-in
speakers and microphone; a charging cradle; a data receiver; and a wireless
keyboard. The price will be under $500, maybe in the $350 range. Gillmor
suggests that is too much and says companies may find a way to subsidize
these devices.
[SOURCE: San Jose Mercury News, AUTHOR: Dan Gillmor]
http://www.mercurycenter.com/svtech/columns/gillmor/docs/dg020999.htm

==========
NEWSPAPERS
==========

NEWSPAPERS TRY "PUBLIC JOURNALISM" TO EXPAND READERS
Issue: Journalism
Two years ago the News Observer in Raleigh North Carolina started inviting two
community members into their daily news meetings to help decide "what is news."
This effort is part of a "public journalism" movement, sparked by decreasing
circulation and claims that newspapers aren't covering what people are
interested in, says Michael Delli Carpini, chairman of the political science
department at Barnard College in New York and researcher of media and politics.
Some journalists argue that "public journalism" threatens the press's role of
watchdog. "Marshal Loeb, editor of Columbia Journalism Review says: This is not
a popularity contest. The primary role of the journalist is to report on
subjects that the audience didn't know they wanted to learn about." The News
Observer is owned by McClathy Co., Sacramento CA's eight largest chain, which
reports circulation is picking up: jumping from 164,300 at the end of last year
from 154,600 in 1995. Some community members report they feel their voices were
heard in daily meetings, others felt less effective. Prof. Delli Carpini
speculates that "sometimes this is all just a public-relations tool. Readers
either have no power or lack the professional judgment necessary to make real
decisions."
[SOURCE: Wall Street Journal (B4), AUTHOR: Lucinda Harper]

=========
ANTITRUST
=========

MICROSOFT EXECUTIVE ENDS THE DAY MOSTLY UNSCATHED
Issue: Antitrust
William Poole, senior director of business development for Microsoft's
Windows operating system, managed to hold his own under cross-examination
from government lawyer David Boies in the Microsoft antitrust trial Monday.
Unlike previous major company witnesses he "did not leave the courtroom with
his head on a platter." Poole oversaw the negotiation of contracts in which
Microsoft required Internet companies to limit business dealings with
Netscape Communications Corp. In exchange, Microsoft awarded the companies
advertising space on Window's opening desktop screen. Boies got Poole to
admit that the restrictive contracts with Intuit and others were not
standard practices for the company or the industry, as Poole had asserted in
his direct, written testimony.
[SOURCE: New York Times (C2), AUTHOR: Joel Brinkley]
http://www.nytimes.com/library/tech/99/02/biztech/articles/09soft.html
See also:
MICROSOFT OFFICER CONCEDES RESTRICTIONS
[SOURCE: Washington Post (E3), AUTHOR: Rajiv Chandrasekaran]
http://www.washingtonpost.com/wp-srv/business/longterm/microsoft/micro.htm

=============
INTERNATIONAL
=============

NEW PHONE FEE IN GERMANY PLEASES NO ONE
Issue: Telephone
In an action that analysts predict will impede competition in Europe's
biggest phone market, Germany's Regulatory Agency for Telecommunication and
Post set high fees for companies to gain access to local German phone
networks. Deutsch Telekom AG may charge its rivals 25.40 marks ($14.60) a
month per customer. That is more than the 21.39 mark fee that Deutsch
Telekom charges its own customers, but is less than the 37.30 that Deutsch
Telekom had suggested. The telecommunications watchdog also set one-time
installation fees at 196 to 337 marks per customer, a large increase from
the 20.65 mark provisional fee now in effect. The new charges take effect
immediately and expire in March 2001. Although this decision marks the
first time a major European telecommunications market has set up a framework
to give rivals access to the "last mile" connection between a customer and
the system. The high fees, however, may make the plan useful only for
high-margin customers such as businesses.
[SOURCE: Wall Street Journal (A14), AUTHOR: William Boston]

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