| 00:00:05 |
Unidentified Speaker, -
CAPITOL HILL FOR A HEARING LOOKING AT THE 1992 CABLE ACT. THIS HEARING CHAIRED BY SENATOR JAY ROCKEFELLER WILL EXAMINE CHANGES IN TELEVISION TECHNOLOGY...
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| 00:00:32 |
Unidentified Speaker, -
HEARING WILL COME TO ORDER. I THANK OUR WITNESSES FOR BEING HERE, FOR COMING WHATEVER DISTANCES YOU'VE COME
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| 00:00:40 |
Unidentified Speaker, -
AND EVEN IF THEY'RE SHORT, WE'RE STILL GLAD YOU'RE HERE. TWO DECADES AGO WE PASSED THE CABLE ACT TO PROMOTE COMPETITION AND TO PROVIDE CONSUMERS...
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| 00:06:25 |
Unidentified Speaker, -
SECTOR, PARTICULARLY VIDEO DISTRIBUTION IS ONE OF THE MOST DYNAMIC, INNOVATIVE AND COMPETITIVE IN OUR CONSUMER ECONOMY AS SHON BY THE FCC'S LONG OVERDUE...
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| 00:13:19 |
Unidentified Speaker, -
IT, AND I APPRECIATED
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| 00:13:24 |
Unidentified Speaker, -
LISTENING JUST NOW TO THE -- TO SENATOR DEMINT, THE RANKING MEMBER'S COMMENTS AS WE SORT OF EXAMINE THIS. THE CABLE ACT, IT'S INTERESTING TO ANALYZE...
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| 00:22:13 |
Unidentified Speaker, -
LATE. I'M NOT GOING TO READ MY FULL STATEMENT, BUT
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| 00:22:17 |
Unidentified Speaker, -
JUST THIS TO SAY. I GUESS WE CAN TELL FROM THE LAST TWO STATEMENTS THAT HAVE BEEN MADE THERE WILL BE A LOT OF DISAGREEMENT ABOUT THE WAY FORWARD. WE CAN...
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| 00:24:08 |
Unidentified Speaker, -
TO? >> MY STATEMENT IS PRETTY SOPHOMORIC COMPARED TO ALL OF THE ISSUES
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| 00:24:12 |
Unidentified Speaker, -
THAT ARE
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| 00:24:15 |
Unidentified Speaker, -
FACED. >>
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| 00:24:16 |
Unidentified Speaker, -
I BACK OFF. OUR FIRST WITNESS WILL BE FORMER SENATOR GORDON SMITH, PRESENT CHIEF EXECUTIVE OFFICER NATIONAL ASSOCIATION
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| 00:24:25 |
Unidentified Speaker, -
OF BROADCASTERS. WE HAVE A LOT -- WE DO NOT HAVE A LOT OF -- OH, GOOD GRIEF. A LOT OF CHARTS, PERHAPS A LOT OF TESTIMONY. WE HAVE A LOT OF PEOPLE WHO...
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| 00:24:52 |
Unidentified Speaker, -
WITH YOU ON THIS PRESTIGIOUS COMMITTEE. REMEMBERING THAT PRIVILEGE, IT IS MY PRIVILEGE TO RETURN IT. I ALSO THANK ALL OF THE BROADCASTERS FROM AROUND...
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| 00:30:44 |
Unidentified Speaker, -
INSURANCE INDUSTRY, AS I INDICATED. OUR NEXT WITNESS IS MS. MELINDA WHITMER. >> GOOD AFTERNOON, MR. CHAIRMAN, RANKING MEMBER HUTCHISON, AND MEMBERS OF...
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| 00:31:08 |
Unidentified Speaker, -
APPEAR TODAY. NEARLY 20 YEARS AGO, CONGRESS PASSED LEGISLATION INTENDED TO PROMOTE INNOVATION IN THE VIDEO MARKETPLACE BY FOSTERING THE DEVELOPMENT...
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| 00:36:14 |
Unidentified Speaker, -
THANK YOU, MR. CHAIRMAN. ALLOW ME SEVERAL OBSERVATIONS BASED ON 24 YEARS AT CBS BEFORE I TAKE YOUR QUESTIONS.
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| 00:36:27 |
Unidentified Speaker, -
RETRANSMISSION CONSENT IS NEITHER BROKEN NOR ANY ANTIQUE IN NEED OF REPURR BISHMENT. IN THE SIX YEARS SINCE WE SPLIT FROM VIACOMM, WE HAVE SUCCESSFULLY...
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| 00:41:39 |
Unidentified Speaker, -
CABLE AND PHONE. >> THANK YOU. I, TOO, REALLY APPRECIATE ALL OF YOU FOR TAKING THE INITIATIVE TO OPEN THIS REVIEW UP BECAUSE THERE ARE A LOT OF THINGS...
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| 00:41:46 |
Unidentified Speaker, -
CONSIDER, AND IT'S EXTREMELY COMPLEX, ESPECIALLY BECAUSE THE PACE OF CHANGE IS SO RAPID. I HEARD A GENTLEMAN IN ONE OF YOUR LAST HEARINGS FROM MICROSOFT,...
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| 00:47:15 |
Unidentified Speaker, -
CONSUMER FEDERATION OF AMERICA. >> MR. CHAIRMAN, MEMBERS OF THE COMMITTEE, THANK YOU FOR GIVING ME THIS OPPORTUNITY. IN ORDER TO PROVIDE A FAIR EVALUATION...
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| 00:47:25 |
Unidentified Speaker, -
CONSUMER PROTECTION ACT OF 1992, IT IS IMPORTANT TO RECALL THAT MANY OF THE MOST IMPORTANT PROVISIONS OF THAT ACT WERE SUPER CEDED OR REPEALED BY THE...
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| 00:53:10 |
Unidentified Speaker, -
PADDEN. AND I COULD IDENTIFY YOU. YOUR A PROFESSOR OF LAW AT THE UNIVERSITY OF COLORADO. PLEASE PROCEED. >> THANK YOU. CHAIRMAN ROCKEFELLER, RANKING...
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| 00:53:23 |
Unidentified Speaker, -
A SENIOR FELLOW AT THE SILICON FLAT IRON CENTER FOR LAW, TECHNOLOGY, AND ENTREPRENEURSHIP AT THE UNIVERSITY OF COLORADO SCHOOL OF LAW AND A PROFESSOR...
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| 00:59:02 |
Unidentified Speaker, -
IS FUNDAMENTALLY UNFAIR TO MEMBERS WHO CAME, SOME OF WHOM HAVE ALREADY DEPARTED. I CHECKED WITH THE RANKING MEMBER. WHAT WE'RE GOING TO DO -- AND ALL...
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| 00:59:47 |
Unidentified Speaker, -
A QUESTION. [ LAUGHTER ] I APPRECIATE THE GREAT OPPORTUNITY YOU'VE GIVEN ME. I'M A SOPHOMORE TOO, SO WE DON'T DO THAT. I'M A CABLE SUBSCRIBER WHO WATCHES...
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| 01:01:02 |
Unidentified Speaker, -
IS BETTER THAN LICENSING
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| 01:01:03 |
Unidentified Speaker, -
FOR THE FUTURE. IS THAT RIGHT? >> YES, SIR. >> WERE YOU AROUND -- AND YOU WERE EVIDENTLY EMPLOYED BY ONE OF THESE 20 YEARS AGO WHEN THE CABLE
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| 01:01:12 |
Unidentified Speaker, -
BILL PASSED. >> YES, SIR. I WAS AT
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| 01:01:14 |
Unidentified Speaker, -
FOX BROADCASTING COMPANY. >> OKAY. WOULD YOU ELABORATE ON THE LICENSING PLATFORM
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| 01:01:20 |
Unidentified Speaker, -
THAT CAUSED THE LICENSING REGIMENT TO BE SET UP IN
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| 01:01:23 |
Unidentified Speaker, -
1992? >> WELL, ACTUALLY, IT STARTS IN 1976. THE SUPREME COURT HAD TWICE RULED THAT CABLE RETRANSMISSION OF
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| 01:01:33 |
Unidentified Speaker, -
BROADCAST PROGRAMMING WAS NOT A PERFORMANCE UNDER THE THEN 1909 COPYRIGHT ACT. SO NO COPYRIGHT LIABILITY ATTACHED TO RETRANSMITTING BROADCAST PROGRAMMING....
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| 01:03:57 |
Unidentified Speaker, -
ANSWER. DR. COOPER, YOU USED A TERM I NEED AN EXPLANATION FOR. YOU SAID CABLE GATE KEEPERS. WHAT CONTEXT DID YOU USE THAT? >> WELL, I USE THAT IN THE...
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| 01:04:14 |
Unidentified Speaker, -
ROCKEFELLER MENTIONED. AND THEN DECIDING WHICH PROGRAMMING GETS INTO THOSE BUNDLES. CONSUMERS DON'T GET CHOICE OF CHANNELS. THEY GET TO CHOOSE A COUPLE...
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| 01:05:12 |
Unidentified Speaker, -
KNOWING THE QUESTION I'M GOING TO ASK, IT'S NOT GOING TO BE A RAPID RESPONSE. I'LL YIELD BACK. >> YOU'RE
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| 01:05:18 |
Unidentified Speaker, -
A GENTLEMAN.
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| 01:05:19 |
Unidentified Speaker, -
SENATOR PRYOR. >> THANK YOU, MR. CHAIRMAN. THANK YOU BOTH FOR HAVING THIS HEARING TODAY. LET ME JUST
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| 01:05:25 |
Unidentified Speaker, -
JUMP RIGHT IN. MS. ABDOULAH, WHEN
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| 01:05:28 |
Unidentified Speaker, -
I THINK OF THE CABLE ACT, IT'S 20 YEARS OLD. WHEN I SEE WHEN I LOOK AT THE LANDSCAPE IS A LOT OF INNOVATION, A LOT OF INVESTMENT, A LOT OF CREATIVE EFFORTS...
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| 01:05:59 |
Unidentified Speaker, -
CHANGES ARE MADE TO REALLY TRY TO THINK THROUGH THOSE CONSEQUENCES. TO THE FORMER QUESTION, WHY SHOULD WE CHANGE IT, FOR THE REASONS I'VE SAID. I LOVE...
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| 01:07:29 |
Unidentified Speaker, -
MY FORMER COLLEAGUE. WELCOME BACK. ONE OF THE THINGS YOU MENTIONED, AND I JUST WANT TO MAKE SURE I HAVE THIS CLEAR, IS THE CABLE ACT'S REQUIREMENT AND...
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| 01:08:04 |
Unidentified Speaker, -
SMALL BROADCASTERS IN ARKANSAS AND OTHER SMALL RURAL COMMUNITIES ALONG WITH THEIR NETWORKS HAD AN OPPORTUNITY TO RECOOP THE VALUE OF THEIR CONTENT,...
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| 01:09:27 |
Unidentified Speaker, -
AND THINGS LIKE THAT. I KNOW THE COST OF PROGRAMMING IS HIGH, AT LEAST I UNDERSTAND IT'S HIGH. ALSO, I UNDERSTAND THAT THAT'S NOT A VERY TRANSPARENT...
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| 01:10:21 |
Unidentified Speaker, -
AND FOREMOST IN OUR MINDS. I ALSO WAS NODDING AT MS. ABDOULAH'S CHARACTERIZATION OF US NOT BEING GATE KEEPERS. WE OPERATE IN AN INCREDIBLY COMPETITIVE...
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| 01:12:24 |
Unidentified Speaker, -
ALLOW US TO SHARE IT WITH ANYONE, TO SHARE IT WITH CONSUMERS, WITH EACH OTHER, WITH ANYONE. >> MR. CHAIRMAN, THANK YOU. I'M BEYOND MY TIME. I UNDERSTAND...
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| 01:12:38 |
Unidentified Speaker, -
AGREEMENT. >> YEAH, RIGHT ON. >> I DON'T LIKE THE LACK OF TRANSPARENCY. MR. CHAIRMAN, THANK YOU VERY MUCH. >> THANK YOU, SENATOR
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| 01:12:46 |
Unidentified Speaker, -
PRYOR. SENATOR THUNE. >> THANK
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| 01:12:48 |
Unidentified Speaker, -
YOU, MR. CHAIRMAN. I APPRECIATE THIS HEARING. I HOPE THAT
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| 01:12:53 |
Unidentified Speaker, -
WE CAN FIND 21st CENTURY SOLUTIONS
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| 01:12:56 |
Unidentified Speaker, -
TO 21st CENTURY CHALLENGES. I THINK THE ONE THING ABOUT THE TELEVISION MARKETPLACE IS WE'VE SEEN JUST REMARKABLE IMPROVEMENTS OVER TIME. IT REALLY...
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| 01:14:29 |
Unidentified Speaker, -
HOLDERS THAT WOULD HAVE TO COME TO AN AGREEMENT, YOU'RE APT TO HAVE A TEN-FOLD INCREASE IN THE LIKELIHOOD OF DISRUPTIONS THE LIKELIHOOD OF DISRUPTIONS...
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| 01:15:00 |
Unidentified Speaker, -
CABLE OPERATORS TO SELL BROADCAST STATIONS AT A POINT OF ENTRY TO PURCHASING ANYTHING ELSE FROM US. AND THAT IS UNLIKE ANY OTHER PLATFORM. SATELLITE...
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| 01:16:05 |
Unidentified Speaker, -
IF YOU INTRODUCE MORE PLAYERS AND SOME OF THE PLAYERS ARE HARD TO FIND EVEN, I FEAR IT WILL LEAD TO MANY MORE DISPUTES, RATHER THAN FEWER. I WAS IN...
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| 01:17:53 |
Unidentified Speaker, -
IS THAT WE MAY LIKE THE
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| 01:17:56 |
Unidentified Speaker, -
MODEL. SOME PEOPLE MAY LIKE THE MODEL. BUT THE CONSUMERS DON'T. THE CONSUMERS DON'T HAVE THE SAME MODEL ON THE INTERNET. IT'S TIME THE BUSINESSES CREATE...
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| 01:19:23 |
Unidentified Speaker, -
SOVEREIGNTY. IT'S TO MAKE SURE CONSUMERS HAVE THE RIGHT TO CHOOSE TO PAY FOR THE PROGRAMS THEY WANT. THAT IS THE FUNDAMENTAL PROBLEM IN THIS MARKETPLACE....
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| 01:20:17 |
Unidentified Speaker, -
WAITING. >> THANK YOU, CHAIRMAN ROCKEFELLER AND RANKING MEMBER HUTCHISON, AND I REALLY THANK
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| 01:20:26 |
Unidentified Speaker, -
THE PANEL. I THINK THIS HAS BEEN VERY LIVELY AND A VERY GOOD DISCUSSION, AND I UNDERSTAND MY CAUSE SENATOR SMITH WILL REMINISCE ABOUT THE SERVICE ON THE...
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| 01:21:09 |
Unidentified Speaker, -
THERE. I'VE HEARD FROM A SMALL RELIGIOUS BROADCASTER ABOUT THE IMPORTANCE OF MUST CARRY RULES FOR MAKING THEM AVAILABLE TO CABLE AND SATELLITE TV CUSTOMERS....
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| 01:21:52 |
Unidentified Speaker, -
MARKETS. AND I UNDERSTAND SOME DON'T LIKE THE MUST CARRY PROVISIONS. BUT THE IDEA IS FOSTER THAT IN AMERICA. MOST OF MY MEMBERS DON'T COUNT ON IT. ...
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| 01:23:38 |
Unidentified Speaker, -
YORK OR LOS ANGELES. WHAT EXPLAINS THIS DIFFERENT THAN COST FOR THE SMALLER COMPANIES VERSUS LARGER CABLE AND SATELLITE TV PROVIDERS? >> GREAT QUESTION....
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| 01:23:56 |
Unidentified Speaker, -
WITH THE SAME SERVICE. SAME DELIVERY SYSTEM. SAME COST. AND THEY CHARGE US DOUBLE DIGIT HIGHER RATES THAN THE BIG GUYS. IF I SAY TO THEM I'M GOING...
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| 01:24:34 |
Unidentified Speaker, -
PROTECTION. SHE DOES JUST FINE WHEN SHE'S AT THE TABLE WITH MEDIA. IN FACT, THERE'S A CABLE NETWORK WE OWN CALLED THE CBS SPORTS NETWORK THAT WE WISH...
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| 01:25:15 |
Unidentified Speaker, -
KNOW EXACTLY HOW MUCH MORE. I WOULD WELCOME THAT. >> ARE YOU GOING TO CARRY THIS NOW? >> NO. >> WHY NOT? >> IT'S NOT A GOOD VALUE. CUSTOMERS AREN'T...
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| 01:25:27 |
Unidentified Speaker, -
CHAIRMAN, I'M OUT
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| 01:25:28 |
Unidentified Speaker, -
OF TIME. YOU CAN INTERVENE
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| 01:25:29 |
Unidentified Speaker, -
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| 01:25:31 |
Unidentified Speaker, -
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| 01:25:35 |
Unidentified Speaker, -
HERE. I'M OUT OF TIME. I WAS URGING YOU TO INTERVENE SO I COULD GET OUT. I WILL BE BRIEF IN THE WAY I THANK YOU ALL. BUT BREEZE FORGIVE ME. SENATOR...
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| 01:26:36 |
Unidentified Speaker, -
APPROACH IS THE BEST APPROACH. THEY DON'T NEED PROTECTION. WE HAVE A VERY DYNAMIC MARKET. AND I'M CONVINCED IF WE LET THIS CONTINUE TO WORK. IT WOULD...
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| 01:29:51 |
Unidentified Speaker, -
INTEREST. BUT I WANT TO
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| 01:29:53 |
Unidentified Speaker, -
GO BACK TO THE NEWSPAPER, TELEVISION, CROSS OWNER SHIP RULES. WHICH SENATOR SMITH, YOU AND I HAD AS ISSUES WHEN YOU WERE ON THE COMMITTEE. AND I THOUGHT...
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| 01:32:05 |
Unidentified Speaker, -
PARTICULARLY OUR BROTHERS AND SISTERS IN THE NEWSPAPER INDUSTRY AND THE JOURNALISMS, THE SOLID JOURNALISM THAT THEY DO IS UNDER ASSAULT AND REAL THREAT....
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| 01:32:58 |
Unidentified Speaker, -
WERE IF ONLY GAMES IN
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| 01:33:00 |
Unidentified Speaker, -
TOWN. THANKS LARGELY TO THE EFFORTS OF THIS COMMITTEE WE NOW HAVE A MUCH MORE ROBUST MEDIA MARKETPLACE. WE HAVE CABLE. WE HAVE THE INTERNET. WE HAVE...
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| 01:34:28 |
Unidentified Speaker, -
BE HAPPY FOR YOU TO DISAGREE RIGHT
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| 01:34:35 |
Unidentified Speaker, -
NOW. THE COURT UPHELD THE RELAXATION. SO IN THE MARKETS WHERE THE NEWSPAPERS HAVE BEEN UNDER THE MOST PRESSURE AND WHERE THERE ARE THE MOST ALTERNATIVES,...
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| 01:35:05 |
Unidentified Speaker, -
INTEREST. IT SHIFTED THE BURDEN.
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| 01:35:08 |
Unidentified Speaker, -
IT SAID IT COULD HAPPEN. WE SUPPORTED THE CHANGE. IN ADDITION, IF THERE'S A FAILING FIRM PROBLEM, THERE'S ALWAYS BEEN THAT EXCEPTION. SO IF THEY TWOONTD...
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| 01:35:41 |
Unidentified Speaker, -
I FELT LIKE IT STIFLED ANY OTHER VOICE IN THE MARKET 20 YEARS AGO OR 15 YEARS AGO. BUT NOW I, AS MR. SMITH SAID, WITH WHICH I AGREE, WE NEED LEGITIMATE...
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| 01:36:48 |
Unidentified Speaker, -
TO HAVE LEGITIMATE JOURNALISM IN THIS NEW WORLD. >> I DIDN'T MEAN TO INDICATE THERE WAS NO JOURNALISM EXCEPT IN NEWSPAPERS. CERTAINLY NEWSPAPERS AND...
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| 01:37:07 |
Unidentified Speaker, -
BROADCASTERS HAVE EXHIBITED STANDARDS THAT WE WANT TO ASSURE HAVE A VOICE IN THE MARKETPLACE AS WELL AND NOT GET DROWNED OUT WITH A PROLIFERATION OF...
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| 01:37:36 |
Unidentified Speaker, -
DOORS FOR A SECOND. IT MAY BE SOME TIME BEFORE I HAVE SIX WITNESSES AGAIN. HOWEVER, YOU DID VERY WELL. IT WAS A VERY INTERESTING DISCUSSION. AND I THINK...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.