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Subject: TELECOM Digest V23 #164

TELECOM Digest     Tue, 6 Apr 2004 14:28:00 EDT    Volume 23 : Issue 164

Inside This Issue:                            Editor: Patrick A. Townson

    Cell Phones Exceed Land Lines in Maine (VOIP News)
    Full Text of TIA Press Release and Link to CPUC Filing (VOIP News)
    TIA Supports VOIP Bills (VOIP News)
    The Internet Surveillance Cash Cow (VOIP News)
    U.S. Player Offers Phone Service Over Internet [in Canada] (VOIP News)
    Michigan Public Service Commission Grants Time Extension (VOIP News)
    PRIMUS Canada Enhances TalkBroadband Internet Phone Service (VOIP News)
    Cox Implements VeriSign for VoIP CALEA Compliance (VOIP News)
    Skype is Not Hype (VOIP News)
    Small Players Team Up In Big VoIP Play (VOIP News)
    How the Government Helped Build America's Media Might (Monty Solomon)
    Planned Nielsen Changes Criticized (Monty Solomon)
    Broadband Legal Limbo Lingers (Monty Solomon)
    Putting 40,000 Readers, One by One, on a Cover (Monty Solomon)

All contents here are copyrighted by Patrick Townson and the
individual writers/correspondents. Articles may be used in other
journals or newsgroups, provided the writer's name and the Digest are
included in the fair use quote.  By using -any name or email address-
included herein for -any- reason other than responding to an article
herein, you agree to pay a hundred dollars to the recipients of the
email.

               ===========================

Addresses herein are not to be added to any mailing list, nor to be
sold or given away without explicit written consent.  Chain letters,
viruses, porn, spam, and miscellaneous junk are definitely unwelcome.

We must fight spam for the same reason we fight crime: not because we
are naive enough to believe that we will ever stamp it out, but because
we do not want the kind of world that results when no one stands
against crime.   Geoffrey Welsh

               ===========================

See the bottom of this issue for subscription and archive details
and the name of our lawyer; other stuff of interest.  

----------------------------------------------------------------------

From: VOIP News <voip news>
Date: Mon, 05 Apr 2004 12:53:45 -0400
Subject: Cell Phones Exceed Land Lines in Maine
Reply-To: VoIPnews@yahoogroups.com


Even though this probably off-topic a bit, I think it is very
illustrative of how fast things are changing in the telephone
industry.  A lot of people are sick to death of being gouged by the
ILEC's, and they are "voting with their feet."  I'm sure that VoIP
companies will pick up a good percentage of the remaining wireline
customers as the industry matures.

http://www.bangornews.com/editorialnews/article.cfm/ID/420003

Cell phones exceed land lines in Maine

LEWISTON - While the number of wireless phone subscribers continues
its climb in Maine to 519,000 in January, the number of land-based
phones is dropping.Cell phone subscribers in the state now exceed the
number of Verizon telephone lines running into Maine homes, according
to spokesman Peter Reilly.

"Prior to the late '90s, all we saw for decades was positive line
access growth," Reilly said. "It's safe to say traditional telephony
is on the decline."

Cell phone use in Maine is increasing rapidly even though it is one of
the least-covered states for cell phone use. Only Alaska, Vermont and
North and South Dakota had less mobile phone coverage, according to a
Federal Communications Commission checkup at the end of 2002.

Full story at:
http://www.bangornews.com/editorialnews/article.cfm/ID/420003

------------------------------

From: VOIP News <voip news>
Date: Tue, 06 Apr 2004 10:33:44 -0400
Subject: Full Text of TIA Press Release and Link to CPUC Filing
Reply-To: VoIPnews@yahoogroups.com


http://www.tiaonline.org/media/press_releases/index.cfm?parelease=04-35

Press Release

TIA Supports Legislative Efforts to Preempt State Regulation of VoIP;
Files Comments with California PUC

Contact: Sharon Grace 
(703) 907-7721
sgrace@tiaonline.org

Arlington, Va. -- The Telecommunications Industry Association (TIA) is
encouraged by the introduction of federal legislation aimed at
protecting voice over Internet Protocol (VoIP) from unnecessary and
piecemeal regulation.

On April 2, 2004, U.S. Senator John Sununu (R-N.H.) and House Commerce
Committee Vice Chairman Chip Pickering (R-Miss.) each introduced
similar companion versions of the VoIP Regulatory Freedom Act of
2004. The bills would establish federal jurisdiction over VoIP and
would free VoIP from much of the regulation currently applied to
legacy telephone services. At the same time, they seek to safeguard or
not disturb important national policy objectives such as universal
service and law enforcement access. They also restrict state or local
taxation of VoIP.

The legislation defines a VoIP application as the use of hardware,
software or network equipment for real-time two-way or multidirectional 
voice communications over the public Internet or a private network 
utilizing Internet protocol. It excludes VoIP applications that both
originate and terminate on the public switched telephone network.

Meanwhile, TIA today filed comments with the California Public
Utilities Commission, which has initiated an investigation into VoIP
regulatory requirements. In the comments, TIA argues that the State of
California lacks authority to regulate VoIP applications, because the
inherent interstate nature of such communications makes it impossible
to classify them as intrastate telecommunications or telephone
services. Furthermore, the comments note the efforts under way at the
federal level to determine the appropriate national regulatory
framework for IP-enabled applications, including VoIP.

TIA President Matthew J. Flanigan observed, "As a nation, we are at a
critical crossroads for the future of communications. IP-enabled
applications and broadband connectivity offer exciting opportunities
and are poised to dominate the future of communications. The question
we face in this country, however, is whether we will saddle emerging
technologies with the regulatory baggage of the past or liberate them
and afford them the opportunity to soar to new heights.

"It also is an issue of national competitiveness," continued Flanigan,
"as the U.S. fights to maintain a leadership role in developing and
deploying new technologies. It is imperative that we have one national
policy on VoIP, and that such a policy not stifle the nascent and
competitive IP communications market. TIA looks forward to working
with the Congress, the Administration and the FCC to work towards this
end."

View TIA's California PUC Comment Filing 
http://www.tiaonline.org/media/press_releases/uploads/TIACalifPUCApr04.pdf

###

The Telecommunications Industry Association (TIA) is the leading trade
organization serving the communications and IT industry, with proven
strengths in standards development, domestic and international public
policy, and trade shows. Through its worldwide activities, TIA
facilitates business development opportunities and a competitive
market environment. The association provides a forum for its member
companies, the manufacturers and suppliers of products and services
used in global communications. TIA represents the communications
sector of the Electronic Industries Alliance (EIA). Visit us at
http://www.tiaonline.org.

P.A. Release 04-35/04.05.04

2004 Telecommunications Industry Association (TIA)
2500 Wilson Blvd., Suite 300, Arlington, VA 22201
Phone: (703) 907-7700 | Fax: (703) 907-7727 

How to Distribute VoIP Throughout a Home:
http://michigantelephone.mi.org/distribute.html

If you live in Michigan, subscribe to the MI-Telecom group:
http://groups.yahoo.com/group/MI-Telecom/

------------------------------

From: VOIP News <voip news>
Date: Tue, 06 Apr 2004 08:53:16 -0400
Subject: TIA Supports VOIP Bills
Reply-To: VoIPnews@yahoogroups.com


http://www.lightreading.com/document.asp?site=lightreading&doc_id=50589

ARLINGTON, Va. -- The Telecommunications Industry Association (TIA) is
encouraged by the introduction of federal legislation aimed at
protecting voice over Internet Protocol (VoIP) from unnecessary and
piecemeal regulation.

On April 2, 2004, U.S. Senator John Sununu (R-N.H.) and House Commerce
Committee Vice Chairman Chip Pickering (R-Miss.) each introduced
similar companion versions of the VoIP Regulatory Freedom Act of
2004. The bills would establish federal jurisdiction over VoIP and
would free VoIP from much of the regulation currently applied to
legacy telephone services. At the same time, they seek to safeguard or
not disturb important national policy objectives such as universal
service and law enforcement access. They also restrict state or local
taxation of VoIP.

The legislation defines a VoIP application as the use of hardware,
software or network equipment for real-time two-way or
multidirectional voice communications over the public Internet or a
private network utilizing Internet protocol. It excludes VoIP
applications that both originate and terminate on the public switched
telephone network.

Meanwhile, TIA today filed comments with the California Public
Utilities Commission, which has initiated an investigation into VoIP
regulatory requirements. In the comments, TIA argues that the State of
California lacks authority to regulate VoIP applications, because the
inherent interstate nature of such communications makes it impossible
to classify them as intrastate telecommunications or telephone
services. Furthermore, the comments note the efforts under way at the
federal level to determine the appropriate national regulatory
framework for IP-enabled applications, including VoIP.

Full story at:
http://www.lightreading.com/document.asp?site=lightreading&doc_id=50589 

------------------------------

From: VOIP News <voip news>
Date: Mon, 05 Apr 2004 23:31:46 -0400
Subject: The Internet Surveillance Cash Cow
Reply-To: VoIPnews@yahoogroups.com


http://www.securityfocus.com/news/8394

A few large companies and entrepreneurs stand to profit from the FBI's
bid for a wiretap-friendly Internet.

By Annalee Newitz , SecurityFocus Apr 5 2004 9:21AM

Pundits and policy-makers are arguing over the legal implications of
the FBI's recent petition to the FCC about how to implement the
Communications Assistance for Law Enforcement Act. But the Bureau's
push to get broadband providers covered under CALEA, which currently
applies only to telecom carriers, stands to benefit more than just
government spies: a domestic eavesdropping industry stands waiting to
sell Internet wiretapping tools and services to cable and DSL
companies. 

John Morris, an attorney with the Center for Democracy and Technology,
worries that the FBI's petition will mean that "any new technology
that might substitute for phone calls needs to be cleared and approved
by the FBI before it can be deployed." These new technologies include
VOIP and IM, which are often difficult to wiretap. Former federal
agents like Warren will have a leg up on the competition in a tech
marketplace regulated by law enforcement's needs.

Full story at:
http://www.securityfocus.com/news/8394 

------------------------------

From: VOIP News  <voip news>
Date: Tue, 06 Apr 2004 03:18:38 -0400
Subject: U.S. Player Offers Phone Service Over the Internet [in Canada] 
Reply-To: VoIPnews@yahoogroups.com


http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1081203009120&call_pageid=968350072197&col=969048863851

U.S. player offers phone service over the Internet
Vonage VoIP service challenges Primus
Prices falling with competition in market

TYLER HAMILTON
TECHNOLOGY REPORTER

Prices are already starting to fall as competition takes hold in
Canada's budding voice-over-Internet phone market.

The Star has learned that Edison, N.J.-based Vonage Holdings Corp.,
which has been talking about entering the Canadian market for nearly a
year, has quietly launched Voice over Internet Protocol, or VoIP,
phone service in six provinces, including five cities in Southern
Ontario.

Vonage is the second company to launch a residential VoIP service on a
national scale. In January, Primus Telecommunications Canada Inc. 
announced its TalkBroadband Internet phone service, with prices
ranging from $19.95 to $34.95 for second-line local service bundled
with calling features. Long-distance packages are charged on top.

Full story at:
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1081203009120&call_pageid=968350072197&col=969048863851

------------------------------

From: VOIP News <voip news>
Date: Tue, 06 Apr 2004 03:20:21 -0400
Subject: Michigan Public Service Commission Grants Time Extension
Reply-To: VoIPnews@yahoogroups.com


http://cis.state.mi.us/cgi-bin/mpsc/vieworder.cgi?filename=/mpsc/orders/comm/2004/u-14073_04-05-2004.htm

S T A T E   O F   M I C H I G A N
BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION
* * * * *
In the matter, on the Commission's own motion,
to commence an investigation into voice over   
Internet protocol issues in Michigan.

Case U-14073

       At the April 5, 2004 meeting of the Michigan Public Service
       Commission in Lansing, Michigan.

PRESENT:Hon. J. Peter Lark, Chair
Hon. Laura Chappelle, Commissioner

ORDER GRANTING EXTENSION

       On March 16, 2004, the Commission issued an order requesting
       comments on a number of important issues regarding voice over
       Internet protocol (VOIP) activity in Michigan.
       Telecommunications service providers subject to Commission
       jurisdiction were instructed to file their comments by April 2,
       2004.  All other interested parties were encouraged to
       voluntarily file comments by the same date.

       On March 29, 2004, McLeodUSA Telecommunications Services,
       Inc. (McLeodUSA), filed a motion for extension of time in which
       to file its comments in this proceeding.  McLeodUSA expressed
       its strong desire to participate in this proceeding, but cited
       a number of factors, including several large Commission
       proceedings currently underway, that are impeding its ability
       to fully participate.  Consequently, the company requested a
       two-week extension.

       The Commission finds that McLeodUSA's motion should be
       granted.  The Commission is interested in obtaining a full
       discussion of the important issues identified in its March 16,
       2004 order and finds that it is in the public interest to
       extend the deadline.  Because a number of interested parties,
       however, may be subject to the same resource and time
       constraints cited by McLeodUSA, the Commission will grant the
       motion for all interested parties.  All parties who have not
       already done so, may now file their comments in this proceeding
       by April 21, 2004.

       The Commission FINDS that:

       a.  Jurisdiction is pursuant to 1986 PA 32, as amended, MCL
       484.1101 et seq.; 1991 PA 179, as amended, MCL 484.2101 et
       seq.; 1969 PA 306, as amended, MCL 24.201 et seq.; and the
       Commission's Rules of Practice and Procedure, as amended,
       1999 AC, R 460.17101 et seq.

       b.  McLeodUSA's motion for extension of time in which to file
       comments is granted.

       c.  Providers of telecommunications services subject to the
       Commission's jurisdiction should file comments in regard to
       the VOIP issues identified in the Commission's March 16,
       2004 order by April 21, 2004.

       d.  Other interested persons should voluntarily file comments
       regarding the VOIP issues identified in the Commission's
       March 16, 2004 order by April 21, 2004.

       THEREFORE, IT IS ORDERED that:

       A.  McLeodUSA Telecommunications Services, Inc.'s, motion for
       extension of time in which to file comments is granted.

       B.  Providers of telecommunications services subject to the
       Commission's jurisdiction shall file comments regarding the
       voice over Internet protocol issues identified in the
       Commission's March 16, 2004 order by April 21, 2004.

       C.  Other interested persons shall voluntarily file comments
       regarding the voice over Internet protocol issues identified in
       the Commission's March 16, 2004 order by April 21, 2004.

       The Commission reserves jurisdiction and may issue further
       orders as necessary.

MICHIGAN  PUBLIC  SERVICE  COMMISSION

[..... signature block omitted.....] 
 
Suggested Minute:

         'Adopt and issue order dated April 5, 2004 granting
         an extension of time to file comments in this
         investigation of voice over Internet protocol
         issues, as set forth in the order.'

------------------------------

From: VOIP News <voip news>
Date: Mon, 05 Apr 2004 23:40:14 -0400
Subject: PRIMUS Canada Enhances TalkBroadband(R) Internet Phone Service
Reply-To: VoIPnews@yahoogroups.com


I was tipped off to this via an item in Patrick Townson's "Telecom Digest":

http://www.newswire.ca/en/releases/archive/April2004/05/c7804.html

PRIMUS Canada enhances TalkBroadband(R) internet phone service with
911, expands local competition to 8 more cities

    -  PRIMUS Canada extends TalkBroadband (TM) service for consumers and
       businesses to include local numbers in Victoria, Winnipeg, Quebec
       City, London, Kitchener-Waterloo, Halifax, Mississauga (Cooksville)
       and St. Catharines.

    -  911 emergency service to be provided in all TalkBroadband local
       calling areas 
    
    -  Now more Canadian consumers have a true alternative to traditional
       local service, starting at $15.95 per month with purchase of voice
       gateway hardware
    
    -  New TalkBroadband long distance package allows calling to 20 overseas
       countries including China, Hong Kong, France, Germany and the UK for
       as low as 2.5 cents per minute
    
    -  New Unlimited Bundle introduced for $45.95 per month, including all
       local features and unlimited calling within Canada and to the U.S.

Full press release at:
http://www.newswire.ca/en/releases/archive/April2004/05/c7804.html

TELECOM Digest & Archives at:
http://telecom-digest.org

------------------------------

From: VOIP News <voip news>
Date: Mon, 05 Apr 2004 23:24:06 -0400
Subject: Cox Implements VeriSign for VoIP CALEA Compliance
Reply-To: VoIPnews@yahoogroups.com


http://www.convergedigest.com/Bandwidth/newnetworksarticle.asp?ID=10715

Cox Communications has implemented VeriSign's NetDiscovery Service to
help ensure compliance of its VoIP-based cable telephony services with
the Communications Assistance for Law Enforcement Act (CALEA). CALEA
requires carriers to assist Law Enforcement Agencies (LEAs) in
lawfully authorized surveillance. To comply, carriers often have to
purchase dedicated hardware, have trained operation staff and are
called upon to maintain connectivity with a variety of LEAs.

Full story at:
http://www.convergedigest.com/Bandwidth/newnetworksarticle.asp?ID=10715

------------------------------

From: VOIP News <voip news>
Date: Mon, 05 Apr 2004 12:05:07 -0400
Subject: Skype is Not Hype
Reply-To: VoIPnews@yahoogroups.com


http://www.miami.com/mld/miamiherald/business/national/8357609.htm

San Jose Mercury News, Calif., Mike Langberg Column

By Mike Langberg, San Jose Mercury News, Calif. Knight Ridder/Tribune
Business News

This new Internet service really does let you make
computer-to-computer phone calls anywhere in the world absolutely
free, and the audio quality is outstanding.

There are some significant drawbacks, however, that will keep Skype
from becoming hugely popular in the United States.

If you've already heard about Skype (www.skype.com), it's probably
because its two European founders, Niklas Zennstrom and Janus Friis,
previously created the peer-to-peer file-sharing service Kazaa, which
has emerged as the single biggest facilitator of global music piracy.

Skype, in contrast, is strictly legitimate and is already attracting
the kind of serious supporters -- venture capitalists with big bucks,
equipment suppliers offering partnership deals -- who would never have
gotten within a mile of the outlaw Kazaa.

Launched in a pre-release beta Aug. 23, 2003, the official 1.0 release
of Skype isn't expected for several months. But I decided last week
was a good time to take a look because many of the early bugs have
been ironed out and there's been a lot of news lately about Voice over
Internet Protocol, or VoIP. Most notably, AT&T launched a VoIP service
last week; I'm planning to review AT&T's CallVantage once it reaches
California, which should be in about a month.

[Comment: Above and beyond the problems with Skype described in this
article, my opinion is that any service that relies on the computer's
audio circuitry will not be around for long.  The reason is that for
optimal sound quality, both ends really need to use a headset -
otherwise you get audio feedback loops from speakers to microphone.
But in order to use a headset, you have to disconnect your speakers
and standalone microphone (if any) from your computer's sound system.
And even if you somehow work around that, if you let your computer
play streaming audio or background music while you work, you have to
shut that down every time you take a call.

So, any form of VoIP that uses the computer's audio circuitry becomes
doggone inconvenient to use after a while.  I'll bet a lot of people
install it, play with it for a little while, and then abandon it.  The
USB VoIP handsets are a much better idea, but until the pricing comes
down to the level of, say, a mouse or a keyboard (which is to say,
free after rebate on the day after Thanksgiving), there won't be wide
adoption of those. $59.99 (the price of the USB handset on the Skype
web site) is way too much to pay just to try out a service (consider
that in contrast, OfficeMax is offering a fully functional 13-memory
speakerphone, for use with traditional phone service or with a
hardware VoIP adapter, for $10 or FREE after rebate this week.  Why is
the USB phone so high in comparison?).

The thing that made instant messaging (ICQ) a killer app was precisely
that you could send a friend to their download site and five minutes
later they'd be fully functional, with NO added expense or great
amount of effort required.  The reason something like Skype won't be
as successful is that people will be reluctant to buy USB handsets
(and perhaps a USB hub to make room for the handset on an older
system), and in any case, they'll have to go somewhere to buy them, so
the convenience factor just isn't there.  And I suspect that a lot of
people won't tolerate that kind of application taking over the
functionality of their computer's sound system for very long.]
 
Full story at:
http://www.miami.com/mld/miamiherald/business/national/8357609.htm 

------------------------------

From: VOIP News <voip news>
Date: Mon, 05 Apr 2004 10:53:47 -0400
Subject: Small Players Team Up In Big VoIP Play
Reply-To: VoIPnews@yahoogroups.com


http://www.smallbusinesscomputing.com/news/article.php/3335601

By Michael Singer

Several smaller companies that specialize in making voice over
Internet protocol networks are banding together to provide an
alternative to the larger carriers like AT&T and Vonage.

The wild growth in the VoIP (define) sector has seen the Baby Bells
and cable firms hopping aboard the bandwagon. The likes of SBC,
Verizon, BellSouth and Qwest are all planning VoIP offerings and,
according to the Synergy Research Group, the boom has created a 50
percent growth rate in the worldwide market for enterprise IP
telephony, generating almost $864 million in vendor revenue last year.

Forrester Research statistics also paint a rosy picture. The analyst
firm says VoIP's Internet Protocol-PBX (define) will continue to grow
through 2007 to 1.7 million lines from 100,000 lines today. Similarly,
a report from research firm Stratecast Partners, says by 2007, the
U.S. VoIP market is forecast to grow to more than five million
subscribers, a five-fold increase over 2002 levels.

Full story at:
http://www.smallbusinesscomputing.com/news/article.php/3335601

------------------------------

Date: Tue, 6 Apr 2004 01:18:25 -0400
From: Monty Solomon <monty@roscom.com>
Subject: How the Government Helped Build America's Media Might


In the two decades since President Reagan named Mark Fowler chairman
of the Federal Communications Commission, the government has been
steadily moving away from the role that Starr thinks it should play

By Nicholas Lemann

When did the press become the media? It seems to have happened
sometime during the last generation-long enough ago, anyway, for us to
have forgotten that "media" is plural. But people who use "the media"
as a more encompassing term for "the press" (because it includes
broadcast journalism, too) may find it hard to get used to the even
more encompassing way it's used by scholars of communications: for
them, it takes in just about any channel through which information is
transmitted. As you're reading this, you are probably near a
telephone, a television set, a computer hooked up to the Internet, a
radio, a pager, a mailbox. Some of those things receive and some can
also send; some are meant for person-to-person communication and some
for interacting with institutions. They're all forms of media.

In order to overcome ingrained habits of thought, suppose we remove 
all ideas about journalism from our minds - don't worry, we'll 
reinstall them later - and then contemplate the media. We immediately 
start to think about those machines whose wondrous inventors - Samuel 
F. B. Morse and Alexander Graham Bell and Guglielmo Marconi - we all 
learned about as schoolchildren. But the technology picture is still 
too simple, so let's delete the machines from our minds, too. What's 
left? The media start to look like an array of political, economic, 
and social arrangements, each of which, in a different way, turns 
people into a public.

http://www.freepress.net/news/article.php?id=3016

http://newyorker.com/critics/books/?040412crbo_books

------------------------------

Date: Tue, 6 Apr 2004 01:33:40 -0400
From: Monty Solomon <monty@roscom.com>
Subject: Planned Nielsen Changes Criticized


Planned Nielsen Changes Criticized

By RAYMOND HERNANDEZ and STUART ELLIOTT
Washington

THE N.A.A.C.P. and leading members of Congress from both parties,
including Senator Hillary Rodham Clinton, have added their voices to
the growing number complaining that the proposed changes in how
Nielsen gathers local television ratings will drastically undercount
the number of black and Hispanic viewers.

But Nielsen Media Research, whose ratings have been used for decades
to help set TV advertising rates, takes issue with the critics,
asserting that the number of households sampled with African-American
and Hispanic viewers will actually increase under the proposed
changes. Senator Clinton, Democrat of New York, in a letter yesterday
to Susan D. Whiting, president and chief executive of Nielsen, urged a
delay in plans to adopt, effective April 8, the new methodology in New
York. The change involves adopting locally the so-called people meters
Nielsen has used since 1986 to gather national ratings data.

The people meters would replace the paper diaries Nielsen has provided
to viewers in local markets since 1950, as well as set-top boxes that
are not as technically sophisticated. Nielsen intends to switch New
York, Chicago and Los Angeles to local people meters as part of plans
to have all the 10 largest local markets using them by next year. One
big market, Boston, shifted to people meters in 2002.

http://www.nytimes.com/2004/03/31/business/media/31adco.html

------------------------------

Date: Tue, 6 Apr 2004 01:39:40 -0400
From: Monty Solomon <monty@roscom.com>
Subject: Broadband Legal Limbo Lingers


 From Multichannel News, April 5, 2004
By Ted Hearn

Federal broadband policy took another hit last Wednesday, less than a 
week after President Bush called for affordable nationwide broadband 
access by 2007.

The setback came in the 9th U.S. Circuit Court of Appeals, which
refused to allow the Federal Communications Commission to use certain
legal standards to shield cable-modem service from potentially
intrusive regulation.

The 9th Circuit's decision had the effect of perpetuating the legal
limbo hanging over cable-modem service since 1999, and probably
introduced more uncertainty over whether FCC chairman Michael Powell
can graft his cable policies onto digital subscriber line (DSL)
services provided by the Baby Bell phone giants.

Legal clarity is nowhere within sight. The current litigation could
putter along for a few more years, at the conclusion of which the FCC
might find it necessary to modify its policies. Those new policies
would undoubtedly trigger a new round of litigation. Somewhere along
the line, Congress could always step in with a new law.

One more factor to weigh: a victory by Sen. John Kerry (D-Mass.) in
the November presidential election could lead to the installation of a
committed pro-regulatory FCC majority that could force cable to share
its broadband facilities with the competition.

The legal jockeying is expected to continue by this Wednesday, as the
FCC or National Cable & Telecommunications Association is expected to
ask the 9th Circuit to stay its decision while the case makes its way
to the U.S. Supreme Court.

http://www.freepress.net/news/article.php?id=3010

------------------------------

Date: Tue, 6 Apr 2004 01:53:27 -0400
From: Monty Solomon <monty@roscom.com>
Subject: Putting 40,000 Readers, One by One, on a Cover


DAVID CARR

When the 40,000 subscribers to Reason, the monthly libertarian 
magazine, receive a copy of the June issue, they will see on the 
cover a satellite photo of a neighborhood -- their own neighborhood. 
And their house will be graphically circled.

On one level, the project, sort of the ultimate in customized
publishing, is unsurprising: of course a magazine knows where its
subscribers live. But it is still a remarkable demonstration of the
growing number of ways databases can be harnessed. Apart from the
cover image, several advertisements are customized to reflect the
recipient's particulars.

The cover article, written by Declan McCullagh, suggests that while 
databases can lead to breaches in privacy, it allows Dell to provide 
instant credit to computer buyers, grocery stores to stock goods that 
their customers want, and mortgage lenders to keep their rates down.

http://www.nytimes.com/2004/04/05/business/05reason.html

------------------------------

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End of TELECOM Digest V23 #164
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