Wiley, Rein & Fielding partner Nancy Victory is latest said to be leading candidate for NTIA dir., sources indicated. President Bush hasn’t announced formal nomination, and one source indicated deal isn’t final. Victory isn’t widely known in telecom circles, wasn’t available for comment.
Washington law firm Wiley Rein & Fielding opens office in suburban Va. at 7925 Jones Branch Dr., Suite 6200, McLean 22102, phone 703-905-2800. Partners Michael Senkowski and Rand Allen will be co-heads of Va. office.
Despite some progress by movie studios and videogame makers, Sen Lieberman (D-Conn.) intends to introduce today his controversial bill that would impose fines on entertainment companies that marketed adult content to children. Dan Gerstein, Lieberman’s communications dir., said proposed legislation clearly would empower FTC to pursue civil penalties against movie studios, videogame makers, record companies and others that used “false and deceptive marketing practices” to target adult-rated material to kids in TV and print ads. Speaking at American Advertising Federation (AAF) conference in Washington Wed., he said bill also would authorize FTC to conduct periodic evaluations of how well industries were complying with advertising restrictions. “We said we would issue legislation if [industry] commitments were not made,” Gerstein said, noting that only videogame industry had responded fully so far. “We were very consistent all along.”
LAS VEGAS - Congress “absolutely must take” legislative action requiring manufacturers to build digital tuners into all TV sets, one of several measures needed to hasten transition to digital TV, Rep. Boucher (D-Va.) said at Mon. congressional breakfast panel. Fact that retailers last year sold 30 million analog-only TV sets is “not a particularly helpful statistic” for broadcasters striving to comply with May 2002 transition deadline, said Boucher, member of House Telecom Subcommittee. “I believe we ought to be requiring that every TV sold contain a digital tuner,” he said, eliciting applause from audience at NAB convention.
LAS VEGAS -- Deadline next year for commercial stations to begin DTV broadcasting is “a daunting reality” for many station owners, NAB Senior Vp Lynn Claudy said at NAB convention here Sun.: “It’s scary.” At least one FCC official predicted stations would petition Commission by fall for extension of May 1, 2002, deadline, although consultant Joseph Kraemer said bid for extension could “reinforce the perception” on Capitol Hill that broadcasters were “reneging on their commitment” to quick DTV transition in order to return analog spectrum for other uses. CEA Pres. Gary Shapiro said broadcasters’ bid to extend deadline would be “political dynamite” because there was “a sense that broadcasters are not providing enough HDTV programming.”
Decision of several radio groups to stop streaming their programming over Internet because of union contract problems could “freeze the possibility” that Internet audio streaming would become major business enterprise, said Washington lawyer John Kamp: “There will eventually be a real business here, with profits for everyone, including the unions, but if they don’t get realistic it will stall.” Several large radio group owners, including Clear Channel, one of largest and most aggressive in using streaming, have at least temporarily stopped streaming their radio programming pending settlement with unions, including AFTRA.
Cisco lobbyist Bruce Mehlman has been nominated to be Asst. Secy. of Commerce for Technology Policy, White House announced Tues. Mehlman, who was on President Bush’s transition team, joined Cisco in 1999 as telecom policy counsel. Before that, he was gen. counsel of House Republican Conference, working on Y2K and other high-tech issues. He also was legal counsel to National Republican Congressional Committee. Mehlman appears to be well- versed in telecom policy and last year gave talk on high-tech issues such as 3G wireless services at FCBA lunch at Wiley, Rein & Fielding offices. In new position, he would oversee Commerce Dept.’s Office of Technology Policy, National Institute of Standards & Technology, National Technical Information Service.
Publishers who own TV stations were prime movers behind affiliates’ petition to FCC calling for inquiry into Big 4 TV networks “illegal” activities (CD March 9 p2), NBC Pres. Robert Wright said at “Big Picture” conference in N.Y. He charged NAB (which isn’t party to affiliates’ FCC filing) had been “captured” by “publishers” who own TV stations. “They are the drivers of NAB,” Wright told us later. Affiliates, he said, want their relationships with Big 4 networks to return to “gold standard” days of yore but NBC doesn’t have same assets (with several cable networks now) and doesn’t operate same way it did 20 years ago. News Corp. Pres. Peter Chernin called affiliates’ filing “clearly unfortunate” but had no comment on Wright’s statement.
Communications lawyers on Washington Legal Foundation panel on FCC and Communications Policy split 2-2 on whether major revamp of FCC is needed immediately. “It’s hard to disagree about the need to overhaul the FCC,” according to attorney Nick Allard of Latham & Watkins. Moderator and former FCC Chmn. Richard Wiley did disagree, sharply, with Allard -- who called for abolishing 4 of 5 commission seats and actively involving Commerce Dept. and NTIA in regulation of various communications industries. What FCC needs, countered Wiley, is more delegation of authority to staff and more rapid decisions -- something that can be accomplished with present structure -- and “Chmn. Powell can get it done.” Because of Congressional respect for Powell, any agency reform “is going to come first from the FCC itself,” rather than from Hill, Wiley predicted. Panelist Charles Kennedy of Morrison & Foerster generally agreed with Allard, while David Poe of LeBoeuf, Lamb, Greene & MacRae partly sided with Wiley. Commission doesn’t need revamping for short term, Poe said, but major overhaul may be necessary in long term. Kennedy said FCC operations were “outmoded… We are going to have to make some fundamental changes… if things don’t turn around.” Allard listed 10 questions that must be answered on FCC’s future, including whether competition was prerequisite for deregulation or was it other way around and did Commission’s current organizational structure make sense. Poe said Powell had shown “he’s not afraid to grapple” with tough issues and that there are many “ambiguities and contradictions” in 1996 Telecom Act. “Statutory reform” of FCC is needed, he said, but it will be very hard to get Congress to pass legislation on issue. On digital TV, Poe said FCC had tried to push broadcasters into new technology but “you can’t make a market if the market isn’t there.”
Former Secy. of Treasury Robert Rubin, now chmn. of Citigroup Exec. Committee, will keynote and FCC Chmn. Powell will be luncheon speaker for “The Big Picture 2001” conference April 3 in N.Y. Conference, co-sponsored by Salomon Smith Barney and Bcstg. & Cable magazine, also will feature interview with AOL Time Warner Chmn. Stephen Case and CEO Gerald Levin, conducted by David Frost. Panel (moderated by NBC anchor Tom Brokaw) titled “The Internet One Year After the Crash” will include Richard Balluzzo of Microsoft, Martin Nisenholtz of N.Y. Times Digital, Thomas Rogers of Primemedia, Barry Schuler of America OnLine and Jeff Taylor from Monster.com. Other conference speakers include News Corp. Pres. Peter Chernin, Hughes Exec. Vp Eddy Hartenstein, Cox Communications Pres. James Robbins, Sony of America Chmn. Howard Stringer, NBC Pres. Robert Wright, Washington attorney and ex-FCC Chmn. Richard Wiley, Viacom Pres. Mel Karmazin, CBS TV Pres. Leslie Moonves.