net neutrality

Industry leaders have been meeting in Las Vegas for the National Association of Broadcasters Show and Adam Symson, president-CEO of the E.W. Scripps Co., made an interesting comparison between broadcast and digital.

“Broadcasting has been traditionally a very protected business — protected by regulation and economically protected because not everybody could have a television station in a market,” he said, according to TVNewsCheck. “That protection allowed us to develop our business in a certain way, historically.”

Running a digital business, on the other hand, “you’re forced to deal with a truly capitalistic, competitive environment,” he said.

What he’s saying is that there is not a level playing field.

If you want to own a TV station or FM radio station, you need to find one and buy it. It has already been allocated to the area and licensed to operate using the public airwaves, under Federal Communications Commission rules, in the public interest.

(For AM radio stations, just find an unused frequency in the area, get the required technical tests done to sow you’re not interfering with anyone else. That should include antenna height and signal power, probably less at night, and then apply. The rules were different way back!)

As I’ve said for years, workers don’t have the First Amendment right to freedom of speech; the station owner does.

But there aren’t really a lot of rules when it comes to digital. Anybody can have a website. What you’re reading proves it. So there’s unlimited competition from all over the world, as in World Wide Web.

No, people under 13 should not be filling out information. No porn without at least a warning (and maybe more, as if that works). And it’s not nice to post fake news.

Don’t forget all the advertising you can sell, since like a newspaper or magazine, digital publishers can have as many pages as they want and even make them longer. TV and radio stations are limited to 24 hours a day. Keep in mind programming and any other content is just to get people from one commercial break to the next, so you can charge more, but too much advertising will cause people to look or listen somewhere else.

Of course, looking or listening is free to them and somebody has to pay the bills. Subscriptions usually mean fewer or no commercials since money is coming in. (See: basic cable.)

So, keeping this simple, would you rather have your own TV station or website?

I’d go for the TV station. Yes, it costs more to operate (and even more than that if you want the product to be good). Digital can be done by one person and two cats with a computer connected to the internet.

But the number of TV stations is limited. They used to be referred to as a license to print money. Now, not as much as 50 years ago since, due to the growth of UHF and then cable, but there are still a limited number of stations.

And since they use the public airwaves (not cable, which has its own rules), they have to serve the public. But you’re the owner. You can hire engineers. You can own more than one station. And the number of rules you have to follow is dropping.

TVNewsCheck’s Harry A. Jessell reported FCC Chairman Ajit Pai spoke at that Las Vegas meeting, yesterday. You’d think broadcasters would’ve wet their pants, but what he said wasn’t new.

Pai said his approach to broadcast regulations is, “You either believe in scrapping outdated regulations or you don’t. We do.”

So now, eight rules are gone. They include ending the newspaper-broadcast cross-ownership ban and also the main studio rule, which Pai claims “gives broadcasters greater flexibility without sacrificing transparency or community engagement. And it’s already making it easier for broadcasters to add new service or maintain existing service in rural communities” but the rule simply required broadcasters to maintain a main studio in or near their community of license. Think that’s important? Would somebody quite a distance away be an expert or even know enough about your town? So much for localism!

And there are more rules to go.

As for what’s next to go, according to Pai, “In particular, Commissioner [Michael] O’Rielly is now leading an effort to update our children’s television rules so that they better reflect the way that kids watch video these days, and I look forward to getting his recommendations.”

Click here for O’Rielly’s January blog post on the subject.

Monday, Jessell wrote, “O’Rielly told a group of broadcasters he would like to get rid of the current rule requiring TV stations to air three hours of children’s programming in the form of 30-minute shows each week between 7 and 10am.”

Instead, he expects it to be “more directive” than a call for reform ideas but didn’t have any definite proposals.

The commissioner said his goal is to

“further understand the market and determine if each requirement has produced the benefits to our nation’s children and families and examining these rules to see if they have resulted in any unintended consequences.

“Can we breathe some flexibility into our rules and make them more dynamic and responsive to the needs of kids? For example, studies show that children have shorter attention spans … but our rules only count programming that is 30 minutes in length.”

Jessell also said O’Rielly got “a call from an Ohio broadcaster who said his plans for a Saturday morning news program were ‘derailed’ by the need to make way for children’s programming.” I don’t know which station but will go to go out on a limb and say the news program would be much cheaper using a set already in the studio and an announcer already on staff. And where was the required children’s programming anyway? That’s just my two cents.

And BGR reports Pai, the former Verizon lawyer (gotta love THAT!), is still trying to keep the net neutrality rules dead. Those rules regulate telecom companies and the speed in which they get your computer to certain websites, but the FCC killed them in December. You shouldn’t have to pay more and neither should the owner of the website to see it faster. Internet Service Providers (ISPs) should treat all data on the internet the same.

Now, Peoria Public Radio says there are “several states scrambling to keep net neutrality protections before the federal repeal date of April 23.” Sounds difficult to me because internet traffic, like the public airwaves, is interstate commerce which makes it a federal matter.

However, the Illinois proposal “would ask internet service providers who contract with the state to disclose if they don’t plan to follow net neutrality rules.” That’s allowed through transparency rules. U.S. News & World Report says “The Cybersecurity, Data Analytics and IT Committee voted 6-2” in favor of it today, so it’ll move to the state House floor.”

Also, “a lawsuit involving several attorneys general against the FCC is pending.” There are 23 attorneys general signed on. Gizmodo named them: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and the District of Columbia. Personal note: I don’t see Florida.

Today, Sen. Sherrod Brown (D-Ohio) wrote in The Logan Daily News,

“Right now, I’m working with my Senate colleagues to pass a resolution in Congress to overturn this disastrous decision. My resolution would reinstate the rules that guarantee us an open Internet. With 50 votes at the ready, we only need one more Republican who is willing to work across the aisle and stand up against corporate special interests.
“The Internet doesn’t belong to a wealthy few.”

What about using the Congressional Review Act (CRA) that can review new federal regulations issued by government agencies and overrule them by passing joint resolutions?

Congress has a window of time lasting 60 legislative days (in session) but there are lots of details on how it works, so that’s probably unlikely. A vote by Congress, which controls the FCC, and the Illinois technique sound better.

And last month, Pai “dwelled on the lack of high-speed internet in rural communities,” after his FCC

“rolled back several provisions meant to protect internet access for low-income and rural citizens, undoing a rule that would force providers to at least maintain existing DSL internet lines, and axing a subsidy for wireless service for low-income residents.”

He quoted an unnamed politician: “Cable companies panicked at [the Internet’s] threat to their business, so they monopolized Internet connectivity themselves.”

My take? They went too far. If cable and internet companies want to dig to serve one person in a municipality, then they should be forced to serve everyone in that municipality, whether they care to subscribe or not. Don’t electric and phone companies have to? But poor, rural people don’t make these companies money.

In May 2017, John Oliver encouraged viewers to voice their displeasure to the FCC in a particularly creative way:

But acting completely different from gutting rules, the UHF discount is back, putting Pai under investigation by the FCC inspector general. (That rule started because it used to matter whether a local TV station was VHF or UHF, due to antennas and how old TV sets were made for the UHF band. UHF stations were not as accessible, so the FCC decided the amount towards a company’s ownership cap should only be half for those stations, compared to VHF stations. It was ended because today’s technology means it doesn’t matter anymore.) Regarding the UHF discount’s revival, The New York Times wrote, “A few weeks later, Sinclair Broadcasting announced a blockbuster $3.9 billion deal to buy Tribune Media — a deal those new rules made possible.”

— UPDATE: The FCC inspector general cleared Chairman Ajit Pai of being unfairly biased in favor of the Sinclair Broadcast Group–Tribune Media merger. —

It also wrote,

“A New York Times investigation published in August found that Mr. Pai and his staff members had met and corresponded with Sinclair executives several times. One meeting, with Sinclair’s executive chairman, took place days before Mr. Pai, who was appointed by President Trump, took over as F.C.C. chairman.

“Sinclair’s top lobbyist, a former F.C.C. official, also communicated frequently with former agency colleagues and pushed for the relaxation of media ownership rules. And language the lobbyist used about loosening rules has tracked closely to analysis and language used by Mr. Pai in speeches favoring such changes.”

An FCC spokesman representing Mr. Pai countered the allegations of favoritism were “baseless,” and

“For many years, Chairman Pai has called on the F.C.C. to update its media ownership regulations. … The chairman is sticking to his long-held views, and given the strong case for modernizing these rules, it’s not surprising that those who disagree with him would prefer to do whatever they can to distract from the merits of his proposals.”

You decide.

Pai is not very popular among many Americans who know who he is. According to Jessell, he ended by “thanking broadcasters for their personal support during some of the ‘challenges’ he has faced.” There were death threats after he led the FCC in eliminating the net neutrality rules.

At the end, Pai told the broadcasters,

“I do want … to let you know that … I very much cherish your statements, emails, tweets … personal conversations when I see you in the hallways, and for your thoughts and prayers from afar. They mean more than you know.

“So, on behalf of myself, the Pai family, I want to express my heartfelt gratitude to you. Thank you for being there for me and for us when it counted. I’ll never forget it.”

That was after, Jessell reported,

“Pai also patted himself on the back for helping broadcasters secure an additional $1 billion from Congress to insure that they will be fully reimbursed for moving to new channels in the wake of the FCC incentive auction.”

So much for helping the poor and the children! Ain’t government great?!

Now to the Israel-Gaza Strip border.

Tonight, the liberal Israeli paper Haaretz reported an IDF (Israel Defense Forces) spokesman told them, “The Israeli air force hit a Hamas target in the Gaza Strip.”

Then, “Hamas militant shot machine guns towards the aircraft, triggering rocket alert sirens throughout southern Israel in the regional councils of Shaar Hanegev and Sdot Negev.”

And Jason Greenblatt, President Trump’s assistant and Representative for International Negotiations, tweeted that Hamas, the terror group that rules Gaza and has been galvanizing weekly violent protests there, must cede control to the Fatah-led Palestinian Authority, which rules Judea and Samaria (the West Bank).

The IDF Spokesperson’s Unit said the army “holds Hamas responsible for everything that takes place in the Strip and will not allow the organization to turn the fence into a confrontation zone.”

This is a better look at the situation on the other side of the border.

Remember, in 2005, the Israeli army withdrew and dismantled all settlements in the Gaza Strip. Then, the terror group Hamas was elected as the Palestinian government in Gaza. There are no Israelis on that side.

Palestinians have been burning tires at the Israeli border — more than 10,000 last Friday alone — at the Israeli border, “to obscure the vision of the security fence separating Israel from Gaza so that Israeli troops could not not see infiltrators into the land,” according to The Daily Wire.

This video, in which you see that thick black smoke, is less than a minute long.

Then — get this! — “A spokesman for the Palestinian Transport Ministry complained of the ensuing shortage of tires, demanding that Israel supply more.”

Muhammad Hamdan: “We have been informed by the Israeli side that imports of tires have been halted until further notice. There is no doubt stopping tire imports will have a negative effect on Palestinians in Gaza especially considering there is a shortage of them there. We are going to exert all efforts so that Israel reverses its decision.”

The Times of Israel is reporting the Hamas-run Gazan health ministry claims, “The Israel Defense Forces has so far killed 30 Palestinians in border clashes over the past two weeks.”

The paper reports, “One was apparently shot in the torso while wearing a ‘press’ vest and filming in an area engulfed in thick black smoke caused by protesters setting tires on fire.”

Yet yesterday, I rebutted a friend who posted this on Gacebook.

I think I used the phrase “war is hell” recently. It applies here too.

Then, I got into an argument with some self-hating Jewish stranger on that string.

It’s almost 8pm in the eastern United States. That makes it the middle of the night in Syria. The timing is perfect, as I remember from the First Gulf War, Operation Desert Storm.

I’m no military expert, but want to know why President Trump hasn’t retaliated against Syria for its “apparent chemical attack in the suburb of Douma at dusk on Saturday,” as The New York Times put it.

— The Times says there’s still much “unclear or unconfirmed about the attack” and that includes what could happen in the future involving other countries, namely Russia.

— In the meantime, The Gray Lady reports, “Syrian government forces prevent access to Douma for journalists, aid workers and investigators.”

— It says several independent medical and rescue groups report, “About 500 people … had symptoms consistent with a chemical attack: burning eyes, breathing problems and white foam coming from their mouths and nostrils.”

— The World Health Organization said, “About 70 people died while sheltering in basements” and “Of them, 43 had signs of being exposed to ‘highly toxic chemicals.’”

— According to medical and rescue groups, “Videos circulated by anti-government activists showed graphic images of families sprawled out in their homes, dead from apparent suffocation. A stream of victims rushed into clinics on Saturday.” You probably saw some of it on TV, as did I.

— The next day, Sunday, “Thousands of rebel fighters in Douma agreed … to hand the area over to the government and be bused to an area outside the government’s control in the country’s north.”

That’s all considered confirmed.

But The Times reports, “The state news media in Syria denied that the government had used chemical weapons, and accused a rebel group of fabricating the videos to drum up international support.” Russia and Iran agree. The U.S. and its allies don’t. The United Nations hasn’t decided and members disagree on how to investigate.

The U.S. is still trying to figure out what was used, or whether the attack “was launched by the Syrian government or forces supporting the government.” I wonder, does it really matter?

And who knows what President Trump is going to do, despite these tweets this morning?

His next tweet also mentions Russia, but for a different reason. Is that telling?

This is far from the first time chemical weapons have been used in the Syrian civil war. The Times says it started in August 2013, there ave been several types of chemicals and it “has shown no signs of abating.”

The Times remembers, President Trump’s response to an April 2017 attack that killed dozens of people in Khan Sheikhoun, in northern Syria, didn’t work. He ordered a military strike against the airfield where the weapons were launched, but that had little practical effect. The monitoring group The Syrian Observatory for Human Rights said Syrians were using the airfield again within 24 hours.

So limited strikes don’t work, “but stronger responses carry significant risk of escalation,” according to the paper. Escalation could cause the collapse of the Syrian government, which I think sounds good “but could prolong the war and sow chaos for millions of Syrians. It could also invite a direct military confrontation with Russia, which warned that it would shoot down any missiles.”

But something has to be done. President Obama doing nothing after drawing a “red line” was an embarrassment to America and a disgrace to the free world.

It seems “the Obama administration’s determination to close the Iran nuclear deal is to blame for the failure to act on its own red line in Syria.” In case you haven’t realized, I wasn’t pleased with President Obama on the Middle East, I don’t trust the Iranians (and the Arabs don’t either, except Syria) and I had higher hopes for President Trump on the Middle East issue.

Business Insider reported over the summer of 2016, months before the presidential election, the information came from “Wall Street Journal reporter Jay Solomon, who … wrote a book called ‘The Iran Wars.’”

He told MSNBC,

“When the president announced his plans to attack [the Assad regime] and then pulled back, it was exactly the period in time when American negotiators were meeting with Iranian negotiators secretly in Oman to get the nuclear agreement.

“US and Iranian officials have both told me that they were basically communicating that if the US starts hitting President Assad’s forces, Iran’s closest Arab ally … these talks cannot conclude.”

And the Islamic Revolutionary Guard Corps reportedly “would not accept a continued engagement with the US if its closest ally was being hit.”

Click here to watch Solomon on Aug. 22, 2016’s Andrea Mitchell Reports.

According to Business Insider, “Ned Price, spokesman for the White House’s National Security Council, denied that US policy on Syria was a part of the Iran nuclear talks.” I don’t think there’s any good excuse for not doing anything.

The magazine was able to look back four years, from 2012 to 2016.

It said in 2012, President Obama said

“his red line with the Assad regime would be the use of chemical weapons. Later that year, Assad’s forces killed nearly 1,500 people in a chemical-weapons attack.”

It also reported,

“Obama gave The Atlantic several reasons for not enforcing the red line — uneasiness about a strike against Syria not being sanctioned by Congress, a lack of support from the international community and the American people, the possibility that the intelligence on the chemical-weapons attack wasn’t 100% solid.”

Still no excuse if you draw a red line.

Business Insider concluded,

“The Iran deal is thought to be the crowning foreign policy achievement of the Obama administration, and experts have speculated previously that his determination not to compromise the deal affected his policy on Syria.”

For one, I’d like to see Assad’s palace turned into rubble. It would be a form of punishment and create a lasting impression for anyone considering sing chemical weapons yet again.

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