It’s a periodic thing where I neglect you for a while. We’ve been together for a decade, and had our ups and downs. I don’t mean to leave you all by your lonesome… But then… Excuses, excuses…. I do.

I do most of my writing these days over at Radio Survivor! generally twice a week. At RS you also get to enjoy the research, wisdom and insights of my co-bloggers Jennifer Waits and Matthew Lasar. Then every other month I poop out some wisdom for Streaming Media magazine. Finally, there’s the twitter. Unfortunately the trusty old media geek blog gets lost in that.

I would love to get back to the feeling I had when I first found blogging in 2000. Then I’d whip out blog posts in a few minutes, quick and snappy. Now I belabor them like mini theses. Instead of open up the browser and posting a quick link or thought, I feel like I have to write a super-useful, fully formed essay. And that attitude is kind of anti-blogging to begin with.

I want to lose this self-defeating attitude and get back to carefree blogging, both herenand at Radio Survivor.

However, this is not a promise. It is a desire. Writing this post on my shiny new iPad after eating my lunch is a first step. Otherwise my typical approach would have been to think about the post as I chew and swallow, making a mental note to write the post later when I’m at my computer, after work…. After I’ve washed the dishes and read some other blogs…. You get the point. The lack of activity here since freaking March is evidence for how that goes.

So, maybe this is a step forward, or maybe you won’t hear from me for another 5 months. Make your bets now.

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Zen and the geek of photography.

2009 was a rough year for the mediageek blog. I haven’t done an official count or anything, but I reckon that this year had fewer posts than any previous. I mean, I didn’t post anything new from Oct. 4 through Dec. 28, for Pete’s sake!

2010 brings changes for the mediageek world. The most significant is the end of the mediageek radioshow. The last episode aired live on New Year’s Eve and is online now. The final program was actually more than an hour long as it went to air, assisted with my great friend and frequent guest, John Anderson of DIYmedia.net. A (mostly) unedited version of the whole broadcast will go up on the radioshow website this coming Sunday. Tonight is my first Thursday evening without a radioshow to do (since Sept. 2008 the show was produced live on Thursdays at 9 pm on WNUR-FM).

Ending the radioshow was a difficult decision to make, but one that I feel good in making. After seven years in production I am proud of the shows I was able to produce, the topics I was able to cover and, especially, the fantastically interesting people I has the pleasure to interview. For as long as I am able I will keep the archives online for posterity, history and the benefit of the random googler.

I ended the show for many reasons, as I’ve explained on the program, with the primary one being that the weekly time commitment of 10 – 20 hours has really started to wear me down. On top of that, I feel like I can not keep up on the media policy and reform beat like I once did. Too many other things–including work–compete for my attention, and there is so much more information to keep track of. When I started the blog in 2000 and the radioshow in 2002 there was much less awareness of media policy, in general, and many fewer website, blogs and other outlets covering. I’m quite glad to say that the situation is very different today, even if the amount of radio coverage has grown only a little bit.

With the nearly 20 hours a week I’m reclaiming I want to do more writing. I want to kick things up here at the mediageek blog, and, especially over at the Radio Survivor blog. Radio Survivor was the idea of my co-blogger Matthew Lasar, and it’s dedicated to the passion and tough love for the medium of radio, on the air, on satellite and online. I am so lucky to be in his company along with our third co-blogger, Jennifer Waits, who is the foremost chronicler of college radio at the Spinning Indie blog. Writing for RadioSurvivor this year reminded me how powerful and enjoyable blogging can be. As I enter my second decade of blogging, I needed the kind of kick in the pants that comes from working alongside other super-talented bloggers.

Although I don’t mention it here very much, I also do some freelance writing for Streaming Media magazine. I write there about educational video online. This is a topic I’m quite passionate about, on top of it being my day job. I’m planning to write more about the use of video to enhance, democratize and improve education at Streaming Media and here at mediageek.

But don’t expect mediageek to become all about educational media. I’m still very passionate about media justice and democracy, along with the democratization of media production and access. These interests coincide with education quite well, I think. So the mediageek blog will continue to be a venue for me to write about these aspects of media. That includes posts about gear–like cameras and camcorders–along with posts about our media environment.

So, off we go into a new decade of blogging. Hope you’ll come along for the ride.

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This interview airs live on the mediageek radioshow this Thursday, May 21, at 9 PM Central Time on WNUR 89.FM in Chicago. You can tune in live online at wnur.org.

Before and during the program please send me your questions and comments via email (mediageek(at)gmail.com) or via Twitter, and I’ll read them on air.

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So, here’s the notes for the April 9, 2009 edition of the radioshow (now online):

Bloomberg – Todd Shields: FCC Head Says Agency Should Reconsider Newspaper Ownership Rule

Huffington Post – Jeff Jarvis To Newspaper Moguls: You Blew It

ArsTechnica – Julian Sanchez: AP launches campaign against Internet “misappropriation”

FCC’s Press Release on National Broadband Plan (PDF).

FCC’s Notice of Inquiry on National Broadband Plan (PDF).

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Tune in live at 9 PM CST to WNUR 89.3 FM in Chicago or online at wnur.org (live 128kbps stream). The show will be available at the radioshow page this weekend.

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WEFT station manager Mick Woolf will be in the studio there while we discuss the Tribune bankruptcy, the Obama plan for media and internet and, of course, the still relevant vitality of community radio.

If you’re in the Champaign area tune in, and please consider a donation to WEFT. If you’re elsewhere you can still tune in online.

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The show airs live tonight, Thursdays, 9 – 10 PM Central time on WNUR 89.3 FM Evanston-Chicago, IL and online at WNUR.org. You can catch it on Friday at 5:30 PM on Community Radio WEFT 90.1 FM in Champaign-Urbana, IL, which also has a live stream.

If you can’t catch the live streams, the show will be available at the radioshow website this weekend, and airs on thirteen other community stations next week.

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This is the first live show I’ve done since March and it reminds me how much I love live radio. I’m not a perfectionist, so I can roll with the little tech glitches. In fact, I think they remind the listeners that there’s a real human being working in real time behind the mic. Not a patchwork of pre-recorded segments with the occasional live break to give the time, traffic and weather on the eights.

For April through last week I’ve been recording the show podcast style in my home office on my MacBook. And while that provides a little more control, in that environment I find it hard to be inspired, nevermind focused and concise. It’s a matter of personality and preference I’m sure. But I started with live radio in college back in 1989 and that’s pretty much all I’ve ever done since. Certainly many of my interviews are pre-recorded because a lot of guests aren’t easily available during the live show time. But at least with another person on the line it’s a lot more spontaneous and lively.

So while the rise of podcasting and the easy access to high quality recording tools has leveled the playing field for people to produce their own radio-like programming, I am still convinced there is no substitute for a live multi-kilowatt transmitter. Perhaps live webcasting comes close–especially in terms of spontaneity–but the reach of a WNUR in terms of broadcast listenership could bankrupt someone with bandwidth bills on the ‘net.

Despite the minor glitches the WNUR studios are the nicest I’ve had the opportunity to work in and truly blow away most commercial stations aside from the major market leaders. And the staff at WNUR are a great bunch, and I’m having a great time getting to know them. It’s a true student run station–a dying breed, as we discussed on tonight’s show–and the students proudly put on an independent, challenging, independent and interesting set of programming.

And a big thanks must go out to Andrew Gothelf who stepped up and volunteered to assist with mediageek as soon as the show got scheduled one week ago. I’m looking forward to his contributions to the program.

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Beginning tonight at 9 PM CDT the mediageek radioshow begins a new chapter with a new station. Tonight is the debut of the mediageek radioshow on WNUR 89.3 FM, the radio station of Northwestern University in Evanston, IL, serving the north side of Chicago and the North Shore suburbs. As I’ve mentioned on the blog and radioshow, I moved to Chicago back in April, saying a teary goodbye to the studios of community radio WEFT in Champaign, IL where the show got its start. Since then I’ve been producing the show at home, while it continues to air on WEFT and a dozen other stations.

Besides the change to a new station and city the show now moves to an hour-long format. Because the current mediageek affiliates only have a half-hour set aside for the program I’ll be doing the show in two segments. The first half-hour will be much like the current show, with news headlines and feature interviews.

With the second half-hour I’m planning to take a looser approach. When there are live guests who are willing to stick around the full hour I’d like to take live listener phone calls. WNUR has a live web stream, so this opportunity will be available not just to folks listening in the Chicago area. I’d also like to spice things up by featuring more audio collage, sonic art and broadcast things that have less to do with policy and regulation. I’ll post the second half-hour for podcast and online listening, too.

So, tonight’s the first trial balloon in the new approach. I’m glad that my pal and frequent guest John Anderson will be along for the ride via phone from Champaign.

Tune in tonight, Sept. 25, from 9 – 10 PM to WNUR 89.3 FM, Evanston, IL, and online at WNUR.org.

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• FCC Proceeding on localism: http://www.fcc.gov/localism
• Public Knowledge’s Orphan Works Act page: http://www.publicknowledge.org/issues/ow
• Matthew Lasar’s Ars Technica article: NPR’s war on Low Power FM: the laws of physics vs. politics

You can read the full test of the show’s news headlines after the jump.

mediageek 2008-05-02

The House Energy and Commerce Committee might be turning up the heat on FCC Chairman Kevin Martin. Staff members are recommending that the committee hold public hearings in June on Martin’s management practices. In a memo to committee chairman John Dingell and Rep. Bart Stupak who chairs the subcommittee on Oversight and Investigations, the staff write, “The bottom line is that the (FCC) process appears broken and most of the blame appears to rest with chairman Martin.”

One of the major complaints lodged against Martin is that he has been excessively secretive, keeping even his fellow commissioners in the dark about proposed decisions and meeting agendas until the very last moment. The most infamous example of this tactic happened last December when Martin revealed his plan to do away with the newspaper-TV cross-ownership ban in an Op-Ed published in the New York Times before he had even revealed his intentions to the other four commissioners.

In their memo the House Energy and Commerce Committee staff said that their investigation into the Martin’s management is ongoing and said that their recommendation for a public hearing is based on ““more than 30 interviews with current and former [FCC] employees as well as industry representatives and private citizens.”

Speaking of the FCC’s near-total revocation of the cross-ownership ban, on April 24 the Senate Commerce Committee unanimously approved a joint resolution disapproving the Commission’s December party-line vote on that issue. Committee Chairman Daniel Inouye said, “It is clear to me that the Commission rushed its process. The agency rolled back its rules preventing media concentration, despite getting a cautionary light from the Congress that more public comment and more attention to localism and minority ownership was needed before barreling ahead.” A similar resolution is being floated in the House. The resolution has a total of 25 co-sponsors in the full Senate, including both Barak Obama and Hillary Clinton. Senator Obama urged swift passage of the bill, although it’s prospects of rmaking it past President Bush look pretty slim.

At the same time, it looks like FCC Chairman Martin is wasting no time in trying to polish his public image. He held a press conference on April 24 where he announced that topics for open meeting agendas will now be made public on the FCC website at least three weeks prior to each monthly meeting. Until now the practice has been to issue a public notice of the agenda one week ahead. At the same press conference Martin then announced the agenda for the upcoming May 14 meeting. Noticeably absent from the agenda was any consideration of the proposed Xm/Sirius satellite radio merger, which has already been approved by the Justice Dept. That means a decision isn’t likely to happen until late May or June, keeping XM and Sirius execs, as well as some investors, sweating it out, waiting by the phone.

Amateur radio enthusiasts won a victory over the Federal Communications Commission’s plan to encourage deployment of a so-called third pipe in the form of broadband internet over power lines, also known as BPL. The American Radio Relay League, which represents the interests of ham radio operators, sued the FCC contending that the commission’s plans are insufficient to protect against interference with amateur radio, in addition to being inconsistent with existing rules.

On April 25 the DC Circuit Court of Appeals issued a ruling questioning the FCC’s BPL rulemaking process, sending the rule back to the FCC to do over. The Court was critical of the Commission redacting portions of five scientific studies that the FCC commissioned to measure BPL’s interference risks. The Court also said that the FCC had provided no reasoned explanation for why it rejected data submitted by the ARRL that might otherwise have influenced its rulemaking.

Although finding fault with the FCC’s rulemaking process the Court did not agree with the ARRL’s contention that the FCC should require BPL operators to shut down immediately if found to be causing harmful interference. The Court said that the FCC had adequately explained that there isn’t sufficient evidence that harmful interference is a imminent threat.

There are approximately 35 broadband over power line systems in the US, with about 5000 subscribers. The FCC will now have to take another look at this issue, taking into account more critical information provided by the amateur radio community.

Two weeks ago I played you a portion of a scathing keynote criticizing the broadcast industry that was delivered by Tim Robbins to the National Association of Broadcasters convention in Las Vegas. Although NAB spokesman Dennis Wharton laughed off Robbins’ biting critique to the press, it looks like the decision to hire Robbins for the keynote contributed to the ouster of Pam Magnani, formerly senior vice president for meetings and conferences.

April 28 was the deadline to file comments on the FCC’s proposed rules aimed at promoting localism in broadcasting. Many of these rules are unpopular with broadcasters because they call for having staff present during all hours of operation, more record keeping and the establishment of local advisory boards. A coalition of medium size broadcast groups filed joint comments calling the proposed rules “blunt and burdensome,” while the National Association of Broadcasters claimed the rules would have the opposite effect making broadcasters less able to serve the public interest.

Joining the chorus of dissent are 23 Senators and Republican FCC Commissioner Robert McDowell.

Religious radio networks, like K-Love and the Calvary Chapel Satellite Network, urged their listeners to file comments opposing the proposed rules, and hundreds complied. The opposition primarily focused on the requirement to have stations staffed, since most of these stations are satellite-fed for a good portion of their broadcast day, and therefore automated.

At least one community radio broadcaster also filed comments opposing the staffing requirement as burdensome.

One the other side of the spectrum are public interest groups which filed comments in support of the proposed rules, and then suggested some additional ones. Joint comments were filed by The Public Interest Public Airwaves Coalition, Center for Creative Voices in Media, Free Press, and National Hispanic Media Coalition, asking the fcc to require broadcasters that want expedited license renewals to set aside 1% of their airtime for unpaid public service announcements, have no more than 30% of their airtime be infomercials or home shopping, and air a “reasonable amount” of independently produced programming. Moreover, they asked the Commission to reduce broadcast license terms from eight to three years and to commit to acting on petition to deny renewals within 180 days.

The FCC is now accepting reply comments addressing the issues raised in the first round of comments. You can learn more about the localism proceeding and file comments at www.fcc.gov/localism, or go to the mediageek website at mediageek.net

Say a little about intellectual property.

Let’s say that you’re working on a documentary about an historical subject–say the underground press of the 1960s–and you find some archival footage, along with photos and other images that you’d like to use. But you can’t track down the original authors or publishers who own the copyright. Under current law you can’t use these materials in your film without risking legal liability if the copyright owner should surface and object to your using them without permission.

These sorts of materials–where the original copyright holder can’t be identified or located–are known as orphan works. Now two bills have been entered into Congress to try and address orphan works by specifying provisions for finding copyright owners and also terms for using orphaned works when legitimate effort has been made to find copyright holders.

Senate Bill 2913, the Shawn Bentley Orphan Works Act of 2008 and House Resolution 5889, The Orphan Works Act of 2008, are both based on recommendations coming from the Copyright Office. These bills would allow someone to use a copyrighted work without permission only after conducting a “diligent effort” into specified “qualifying searches.” The Copyright Office would maintain and make available search guidelines. In turn if someone who used an orphan work is later challenged, a court would consider whether or not these best practices were followed.

One of the problems that arise when trying to track down the copyright holder of visual works–like paintings or photographs–is that the copyright office’s registry is text based, making it difficult to find a copyright registration unless you know the registered name of the work or the copyright holder. If passed these bills would require the Copyright OFFICE TO CERTIFY private registry services for visual works–a number of which already exist.

If a copyright owner does indeed come forward to claim rights on a work thought to be orphaned, the bills provide for the owner to be reasonably compensated by the author who used their work. Under current law the user of that work would also be subject to punitive civil and criminal penalties.

But, under these bills, if it turns out that the user did not make diligent effort to find the copyright holder, then that user will be subject to the penalties associated with copyright infringement.

Although a lot of consideration was given to protect copyright owners from users who might try to use these bills to cover up what is essentially infringing use, many visual artists, like photographers and illustrators, are still concerned. They worry that the costs and overhead associated with making sure they are findable, such as registering their works with a private registry, will be onerous. Defenders of orphaned works legislation counter that copyright holders do not lose their rights and can still be compensated even if they do not register — the function of registries is to make them easier to find, and therefore more easily able to obtain royalties should they be willing to license their works.

The Internet Archive, Association of Public Television Stations, the Association of Research Libraries and the public interest group Public Knowledge joined together to support the orphaned works legislation, noting that they would bring balance to copyright law if passed. Now the bills need to be taken up by the Senate Judiciary Committee and the House Intellectual Property Subcommittee. To learn more go to publicknowledge.org

On April 30 the House Judiciary Committee took a step to crack down further on piracy and conterfeiting by stiffening penalties and enforcement. It passed the Prioritizing Resources and Organization for Intellectual Property Act, also known as the Pro-IP act, whose chief sponsor is chairman John Conyers. Missing from the recently revised bill is a measure that would have dramatically increased fines for copyright infringement. Still in the bill is a measure allowing federal officials to seize property from convicted copyright infringers who made unauthorized copies of music, movies or live performances.

However, some consideration has been given to the risk that an innocent person’s property might be seized, such as if a person’s wi-fi network were used by a convicted infringer without the owner’s notice. The bill was amended to make clear that there must be a “substantial connection” between the property seized and the violation in question. However it remains unclear how shielded Jane Q Public would be from having her computers confiscated if a convicted pirate used her wifi access point to distribute his wares.

The legislation would also create a new executive-appointed position called the US Intellectual Property Enforcement Representative, modeld on the US Trade Representative.

Nevertheless, the bill is still pretty unpopular in a lot of circles, especially in tech. Surprisingly, it also isn’t popular with the Justice Department, which believes that establishing the IP enforcement representative would undermine its independence.

The original unammended Pro-IP bill was called the “most outrageously gluttonous IP bill ever introduced in the US” by William Patry, former law professor, copyright counsel to the US House of Representatives, author of a new 7 volume treatise on copyright and the current senior copyright counsel to Google. In a blog post dated Dec. 10 Patry wrote, “The question is not whether copyright is a good thing: properly calibrated copyright is very good, indeed essential for certain classes of works. But an excessive amount of something that is beneficial in measured doses can become fatal in overdoses, and copyright is already at fatal strength.”

He goes on to say, “The idea that criminal forfeiture provisions, drafted to reach major drug traffickers like the Columbian cartels, should be inserted into civil copyright tort provisions with a preponderance of the evidence burden, is mind-blowing. The capacity – if not intent – of these provisions for profound mischievousness is obvious: in addition to the gluttonous statutory damages that would be available, content owners now want to defendants to forfeit their computers, their cars, and their homes: all of these can be said to have been used in the commission of infringement.”

As a side note, getting the House to move on the Pro-IP bill doesn’t come cheap. The Recording Industry Association of American spent $2 million in 2007 lobbying Congress for tougher intellectual property laws just like the Pro-IP bill. How many CDs or iTunes purchases does that add up to?

Do you have an opinion on the Pro-IP bill? Communicate it to your House Representative — one phone call can mean a lot.

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