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F.C.C. Is Told Verizon Underpaid Data Refunds

F.C.C. Is Told Verizon Underpaid Data Refunds

WASHINGTON â€" An independent telecommunications lawyer filed a petition with the Federal Communications Commission on Tuesday, claiming that Verizon Wireless had vastly understated the amount it collected from false data charges on customer bills when it agreed to refund the levies in 2010.

The lawyer, Arthur V. Belendiuk, of Washington, said in a petition for investigation that Verizon and F.C.C. documents obtained through a Freedom of Information request contained evidence indicating that the company might have taken $240 million or more from the false charges, more than four times the almost $53 million it agreed to refund.

A Verizon spokesman, Torod B. Neptune, said that the allegations were without merit, and declined to comment further. F.C.C. officials and the Office of the Inspector General declined to comment.

The Verizon charges came to light in 2009 in articles in the Cleveland Plain-Dealer and The New York Times.

Thousands of Verizon Wireless customers had been complaining about mysterious $1.99 data charges on their cellphone bills. The customers said they had not used the Internet connection function on their phones; some demonstrated to Verizon employees that the charges had occurred randomly, often when the phone was turned off or the battery removed, and at times on accounts that did not have a phone capable of connecting to the Internet.

The F.C.C.’s enforcement bureau investigated and in October 2010 reached a consent decree with Verizon. The company agreed to pay $52.8 million in refunds to customers and a payment of $25 million to the United States Treasury to end the investigation. At the time, it was the largest such payment in F.C.C. history, the agency said.

The F.C.C. found that about 15 million pay-as-you-go customers could have been affected by the false charges over a period of about 30 months.

“Today’s consent decree sends a clear message to American consumers: the F.C.C. has your back,” Julius Genachowski, then the F.C.C. chairman, said on Oct. 28, 2010. “Today’s settlement also includes strong F.C.C. oversight and accountability to ensure that Verizon Wireless fully repays what they owe to their customers and puts new measures in place to improve customer service.”

Mr. Belendiuk, who frequently represents television stations and broadcasters before the F.C.C., said the documents produced by Verizon in the investigation indicated that in trying to assess how to fix the problem, the company’s proposed solutions would cost it $8 million to $10 million a month.

The documents, Mr. Belendiuk said in his petition, indicated that when the company put in place a fix for the flaw, “Verizon’s $1.99 data charge revenues dropped by approximately $8 million per month.”

Mr. Belendiuk said he had filed the Freedom of Information request and the petition on his own behalf and not for a client, and that he was interested in the case from the time it was disclosed. The settlement itself, as a precedent, “makes a difference for me as an attorney, in knowing how to advise my clients,” he said.

A version of this article appeared in print on July 3, 2013, on page B3 of the New York edition with the headline: F.C.C. Is Told Verizon Underpaid Data Refunds .

Re-Election Is Likely for McConnell, but Not Guaranteed

Alison Lundergan Grimes, the Kentucky secretary of state and a Democrat, announced on Monday that she will challenge Senator Mitch McConnell, a Republican, in 2014.

Mr. McConnell, the Senate minority leader, is likely to win re-election. Kentucky is a solidly Republican state, and President Obama received less than 40 percent of the vote there in 2012. Mr. McConnell has also amassed a huge war chest and hired Jesse Benton, who led Senator Rand Paul's upset win in Kentucky in 2010, to run his campaign.

However, he is unlikely to sail to victory. Ms. Grimes was elected to statewide office in 2011 with 60 percent of the vote. She has deep ties to Democratic politics, both in Kentucky and nationwide, as the daughter of the state's form er Democratic Party chairman, Jerry Lundergan. Those connections and the high-profile nature of the race should make it relatively easy for her to raise money.

While there have not yet been any nonpartisan surveys testing a potential contest between Mr. McConnell and Ms. Grimes, the four partisan polls that have been conducted so far (three by the Democratic-leaning Public Policy Polling and one by the Republican-leaning Wenzel Strategies) have shown a relatively tight race, with Mr. McConnell leading by an average of 4.5 percentage points.

A SurveyUSA poll conducted in June for The Courier-Journal found that 34 percent of registered voters would vote against Mr. McConnell no matter who his opponent was, double the 17 percent who said they would vote for him regardless of his opponent.

Those numbers reflect the fact that Mr. McConnell is fairly unpopular in Kentucky. Public opinion surveys show that, on average, more Kentuckians disapprove than approve of the job he has done in the Senate. Roughly half of the respondents in the four recent partisan polls said they disapproved of Mr. McConnell's performance.

On average, Mr. McConnell has a net job approval rating of minus 7 percent. Ms. Grimes is not as well known, but she has a net favorability rating of plus 11 percent. It is possible, though, that as Ms. Grimes gets drawn into what is likely to be a bitter, partisan campaign, her numbers will deteriorate.

If the 2014 race proves competitive, it will not be the first time Mr. McConnell has had to sweat a close election. He was first elected to the Senate in 1984 by 0.4 percentage points, and was re-elected in 1990 by four percentage points. The next two times he faced the voters, in 1996 and 2002, he had larger cushions. But in 2008, he defeated the Democratic nominee, Bruce Lunsford, by just six percentage points: 53 percent to 47 percent.

At the time, Mr. McConnell, while not widely popular, was more popular than he is now. And Mr. Lunsford's favorability numbers were not as strong as Ms. Grimes's currently are.

Still, the 2008 cycle featured a presidential election and large Democratic gains nationally. Midterm elections have historically favored the party that does not control the White House. In 2014, that will be the Republicans.

In many ways, Ms. Grimes faces a challenge similar to that faced earlier this year by Elizabeth Colbert Busch, the Democrat who challenged Representative Mark Sanford in a special election in South Carolina's First Congressional District: to defeat a vulnerable Republican opponent - Mr. Sanford because of his past scandals and Mr. McConnell because of his mediocre popularity - on solidly Republican terrain.

Ms. Colbert Busch lost that race, and Ms. Grimes, too, will have a hard time overcoming Kentucky's Republican gravity. The McConnell campaign will probably attempt to tie her to Mr. Obama, who remains highly unpopular in the state.

That strategy was already on display in a statement Mr. McConnell released moments after Ms. Grimes announced her candidacy. It read in part, “Accepting the invitation from countless Washington liberals to become President Obama's Kentucky candidate was a courageous decision by Alison Lundergan Grimes, and I look forward to a respectful exchange of ideas.”



As Texas G.O.P. Revives Abortion Ban, a Look at Public Opinion

The Texas Legislature began a second special session on Monday to again take up a bill that would, among other provisions, ban abortions in Texas after 20 weeks of gestation. The bill failed in a previous special session after State Senator Wendy Davis stood for roughly 11 hours in a filibuster that brought national attention to the fight.

The Texas bill is still expected to become law, however. And Ms. Davis's filibuster came several days after Republicans in the United States House of Representatives succeeded in passing a similar ban (though that bill has virtually no chance of being taken up in the Senate). And since 2010, 12 other states with Republican-led Legislatures have passed bills that ban abortions after 20 weeks (many of those laws are being challenged in court as unconstitutional).

Discussions of women's reproductive health have proved politically problematic for Republicans in recent years, but public opinion shows that Republican legislators pushing 20-week bans may be on safer political footing.

While polls have consistently found that a majority of Americans support a right to an abortion in all or most circumstances, surveys also show that support for abortion narrows further into a pregnancy.

A United Technologies/National Journal Congressional Connection poll released last Wednesday found the public almost evenly split on a 20-week ban: 48 percent of respondents said they would support legislation that banned “virtually all abortions nationwide after 20 weeks of pregnancy, except in cases of rape and incest that are reported to authorities.” Forty-four percent would oppose such a bill.

Few other polls have asked specifically about a 20-week threshold, but Gallup has done surveys gauging support for abortion by trimester and has found largely the same result since it began asking the question in 1996: A clear majority of Americans favor legal abortion in the first trimester, but that support drops precipitously in the second trimester and even further in the third.

The most recent Gallup survey in December 2012, found that while 61 percent of respondents said that abortion should be legal in the first three months of pregnancy, just 27 percent thought it should be legal in the second three months and a mere 14 percent of respondents favored legal abortion in the last three months of a pregnancy.

Of course, the second trimester stretches several weeks past the 20-week threshold, making it an inexact barometer for gauging support for the recent Republican legislation. And in the United States, few abortions actually occur late in a pregna ncy. According to the Guttmacher Institute, a nonpartisan nonprofit research group, 9 in 10 abortions occur within the first 12 weeks of pregnancy and just 1.5 percent of abortions take place after 20 weeks. These late-term abortions are also performed when the health of the mother is at risk, an exception that polls show that most Americans support.



The Media Equation: Journalism, Even When It\'s Tilted

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With a Solid Hit, CBS Breaks the Summer Ratings Mold

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Public Radio\'s Midday Show to Include Local Contributions

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From Texas Statehouse to YouTube, a Filibuster Is a Hit

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Crusading Spanish Broadcaster Gives Voice to Ordinary Citizens

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DealBook: Talk of Mergers Stirs Cable TV\'s Big Players

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Q. and A. With Stuart Elliott

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Webdenda: Accounts and People of Note in the Ad Industry

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Campaign Spotlight: Look Who\'s Talking for Mr. Peanut Now

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‘The Bible,\' a Hit on Cable, Will Have Its Sequel on NBC

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Appeals Court\'s Ruling Helps Google in Book-Scanning Lawsuit

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Disney\'s Chief Agrees to Hold Off on His Retirement Until 2016

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Judge Rejects 3 Lawsuits Against Former Elmo Puppeteer

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Frequent Flier: The Drama of Travel, Made Into Television

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Time Warner Intends to Move to Planned Skyscraper at Hudson Yards

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Advertising: On Independence Day, a Salute to the Brave

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Income for Movie Writers Falls, While TV Writers\' Rises

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Penguin and Random House Merge, Saying Change Will Come Slowly

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With Fewer Stars at Yankee Stadium, Fewer Fans Are Watching

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Vertigo, a DC Comics Brand, Is Rebuilding With 6 New Series

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DealBook: Tribune to Buy 19 TV Stations Amid Groundswell of Consolidation

8:36 p.m. | Updated

The Tribune Company, known for its newspapers but moving steadily toward television, accelerated its transformation into a broadcasting company on Monday when it agreed to pay $2.7 billion for 19 local stations from Scranton to Salt Lake City.

The deal nearly doubles the company's television footprint across the country, giving it one of the largest groups of local affiliates in the United States.

It also continues the groundswell of consolidation in local television, as big media companies stockpile stations to reap the lucrative retransmission fees the stations receive, and take advantage of a revived advertising market.

Just last month, the Gannett Company agreed to buy the Belo Corporation, adding 20 stations to the 23 it already owned, and further reducing its dependence on newspapers like USA Today.

“It is a time to gobble or get gobbled,” said Steve Ridge, who is a consultant for local stations for Frank N. Magid Associates.

For Tribune, the time had come to move beyond print. Since it emerged from bankruptcy six months ago, the company has been seeking to sell some or all of its newspapers, which include The Chicago Tribune and The Los Angeles Times. At the same time, it signaled its intention to build its broadcast holdings by installing a seasoned television executive, Peter Liguori, as head of the business.

Many observers thought the newspaper sale would be well under way by now, but the bidding has yet to begin. The process has proved more problematic than originally envisioned. “We are looking at all of our strategic options” for the newspapers, Mr. Liguori told investors on Monday, revealing nothing new about the situation.

Tribune, which already owned 23 local stations, bought the 19 stations Monday from Local TV Holdings, a company owned by the investment firm Oak Hill Capital Partners. Tribune will finance the deal with cash on hand - it had $554.4 million in cash and equivalents as of March 31 - and up to $4.1 billion in loans from banks including JPMorgan Chase and Citigroup.< /p>

Even though the television business faces tremendous pressure from new Internet business models, local stations are highly attractive because they take in substantial revenue in the form of fees from the cable and satellite companies that carry the stations. Those retransmission fees are growing rapidly. They are expected to total $3 billion industrywide this year and grow to $5 billion by 2016.

The more stations a company owns, the more influence it has when it enters negotiations with distribution and programming partners.

Adding stations also gives companies like Tribune more exposure to political battleground states, where candidates spend enormous amounts of money on advertising every two years.

In addition to Gannett and its acquisition of Belo, another of the biggest station owners in the country, Sinclair, has spent about $2 billion acquiring a series of smaller station owners in the last year and a half. It has said it is looking for more suc h opportunities.

But Tribune's deal eclipses all the others, and the financing it has received from banks underscores the belief that stations are viewed as a safe bet.

“The new management, postbankruptcy, clearly signaled that they were focusing on the broadcast side of the business,” said Alan D. Mutter, a newspaper consultant who writes the blog Reflections of a Newsosaur. “It suggests they want Tribune to unmistakably be a broadcasting company.”

But he warned that these profits might not last long. “Local broadcasting is going to be the next big legacy media that undergoes what we like to call a painful paradigm shift,” Mr. Mutter said. “I actually question why everybody would be rushing into the local TV business.”

He said local stations were currently “a highly profitable business” but added “what happened to newspapers is about to happen to TV.”

As one piece of evidence for this, Allbritton, which owns eight local stations, is looking to sell them so it can concentrate on the Web site Politico and other digital media businesses.

Still, Mr. Ridge of Magid predicted that more station groups would buy or sell by the end of the year, and said that 2013 would “go down as the year of transformational consolidation, forever changing the landscape of local market television ownership and operation.”

The effects may eventually be visible to viewers in cities large and small across the country. In St. Louis, for instance, Gannett owns the NBC affiliate while Belo owns the CBS affiliate. Once that acquisition closes, Gannett will sidestep regulatory requirements by having an outside company maintain ownership of the CBS affiliate, KMOV, while the two stations share resources.

Already, the Fox affiliate in St. Louis, owned by Local TV, and the CW affiliate, owned by Tribune, share reporters and studios. The acquisition Monday will formalize that relationship.

Critics of these sharing arrangements, like the public interest group Free Press, say they are bad for television consumers.

“The F.C.C. needs to wake up to what's happening on local TV - which is still the No. 1 source for news in America,” the group's president, Craig Aaron, said Monday. “Wall Street may be overjoyed at this merger mania, but the rest of us should be very worried about having fewer viewpoints on the air and fewer reporters on the beat.” Tribune, for its part, reiterated its commitment to community news.

Speaking to investors, Mr. Liguori said the deal would give Tribune greater reach for its programming and its digital ventures. He also talked up the potential benefits for the company's somewhat obscure and low-rated cable channel WGN America, which is available in about 75 million homes across the country. Tribune hopes that the increased leverage that comes from having more stations will help it earn higher subscriber fees for WGN as well.

Seven of Local TV's 19 stations are affiliates of the Fox network; added to the seven Tribune already owned, it makes the company the biggest holder of Fox affiliates. Tribune will remain the biggest holder of affiliates of the CW network.

Mr. Liguori said the acquisition on Monday would have no bearing on the future of newspapers like The Los Angeles Times, but analysts said it looked more likely that Tribune would try to unload them.

It remains unclear whether the company will sell the papers as a group or individually. Those who have expressed interest in The Los Angeles Times include Eli Broad; David H. and Charles G. Koch; Rupert Murdoch; and Aaron Kushner, the publisher of The Orange County Register. In the past, Warren E. Buffett has said he wants to buy one of Tribune's smaller newspapers, The Morning Call of Allentown, Pa.

Michael de la Merced and David Carr contributed reporting.

A version of thi s article appeared in print on 07/02/2013, on page B1 of the NewYork edition with the headline: Tribune in $2.7 Billion Deal for 19 Local TV Stations .

Regulator In France Raids Office Of Apple

Regulator In France Raids Office Of Apple

Ian Langsdon/European Pressphoto Agency

Buying an iPhone 5 at an Apple Store in Paris. Apple has been accused of abusing its market dominance in France.

PARIS - Authorities searched the French offices of Apple and some affiliated companies as part of an investigation into retailing practices, a spokesman for the French competition regulator said on Tuesday.

The raids took place last week on “some of Apple's premises in France, as well as those of some of its wholesalers and distributors,” said André Piérard, a spokesman for the regulator, the Competition Authority.

Mr. Piérard said the investigation was carried out by competition officials accompanied by judicial police officers. Authorities seized documents in the raids.

Apple is known for maintaining strict controls over its product image and marketing, extending those efforts to its highly profitable stores. But its leading market position has prompted scrutiny in Europe and elsewhere. European regulators, for example, have been examining Apple's contracts with the cellphone carriers that sell its iPhone for possible antitrust violations.

The news of the investigation in France was first reported Monday by Les Échos, a financial newspaper. The article said the investigators were interested in Apple's relations with its distributors.

The article cited the case of eBizcuss, an Apple premium reseller that operated about 15 stores until it collapsed last year. The eBizcuss chief executive, François Prudent, accused Apple of abusing its market dominance and of unfair competition, contending that the company had opened Apple stores around the country while starving its other authorized retailers of popular products like the newest iPads and iPhones. Mr. Prudent filed a complaint with the regulator.

According to Les Échos, the competition authorities want to know if Apple ordered its wholesalers, with which the distributors like eBizcuss were in almost daily contact, not to deliver the products on time. Les Échos reported that Mr. Piérard also said that the competition authorities were investigating Apple and other Internet companies on suspicion of abuse of market dominance with their online app stores.

Mr. Piérard declined to comment on the newspaper report. Josh Rosenstock, an Apple spokesman in London, also declined to comment.



Megyn Kelly to Get Prime-Time Slot on Fox News

Megyn Kelly to Get Prime-Time Slot on Fox News

The second quarter of 2013 cemented the recent ratings trends in cable news, with CNN rising and MSNBC falling, while Fox News continued its overall dominance.

But within those quarterly reports was the news that in June Fox News scored its lowest ratings since August 2001 among the viewers news advertisers most want to reach, the 25-to-54 age group. The network may be trying to address this issue with its decision to elevate one of its rising stars, Megyn Kelly, to a prime-time slot as soon as she returns from a planned maternity leave in the next few months. Fox made that expected promotion official on Tuesday.

Fox did not announce a specific show for Ms. Kelly or whose place she would be taking in the network's prime-time lineup. However, speculation has centered on Greta Van Susteren, the 10 p.m. anchor. Ms. Van Susteren recently signed an extension of her Fox contract but her future role is not certain at this point.

Her husband, John Coale, said in an interview with The Times in May that she would be willing to move to an earlier hour. Several Web sites, including Mediaite, reported this week that Ms. Van Susteren had held talks with CNN, seeking a job at that network. A CNN executive confirmed Tuesday that those talks had taken place.

Fox News also announced on Tuesday that it had extended the contracts of all its evening and prime-time anchors: Bill O'Reilly, Sean Hannity, Bret Baier and Shepard Smith.

All those men continued to pile up huge advantages over their competitors in terms of total viewers in the second quarter, as did Fox News, which was up 12 percent in total day ratings and 3 percent in the Monday through Friday prime-time ratings.

But Fox News did show declines among viewers between 25 and 54, the group that accounts for the bulk of ad revenue for news networks. For the quarter, Fox was down 6 percent in total day ratings in that category and 12 percent in the prime-time hours.

The second quarter proved a boon to CNN, which capitalized on a spate of big news during the last three months - including the Boston Marathon bombings - to post sizable ratings increases across the board, even as MSNBC was suffering significant losses. CNN finished ahead of MSNBC for a full quarter in prime time in both total viewers and in the 25-54 group for the first time since 2009.

In total day numbers, CNN was up 49 percent in total viewers, to 475,000. That was ahead of MSNBC's 360,000 (down 9 percent), though nowhere near Fox News, which averaged 1.2 million. However, in that advertiser-preferred group, CNN came much closer to the perennial leader, Fox News, with 161,000 viewers to Fox's 238,000.

In the Monday-Friday prime-time competition, Fox News held a similar yawning advantage in total viewers with 2.2 million (up 3 percent) to CNN's 733,000; CNN's total represents a 56 percent increase from the previous year (when the network was setting records for low ratings). CNN easily topped MSNBC, which dropped to 660,000, down 19 percent.

Again, the prime-time gap between Fox News and CNN was much narrower in the 25-54 category - just 136,000 - as opposed to almost 1.5 million among total viewers. Fox News averaged 386,000 for the quarter in that advertiser-preferred group, down 12 percent, to CNN's 250,000, up 76 percent. MSNBC dropped 14 percent to 196,000.

MSNBC's biggest name, Rachel Maddow, suffered through her worst quarter among total viewers since coming on the air in 2008.

The last month of the quarter, June, seemed to be pointing to a slowdown in news, which affected all the networks. With no headline-grabbing events to drive the ratings, MSNBC regained second place over CNN for the month. Many of the individual news programs showed stark falloffs from last June, which was an intense month for political coverage in a presidential election year.

In June, Ms. Maddow, for example, was down 20 percent from a year ago in the 25-54 audience, to her worst performance ever; Mr. Hannity's decline was even sharper, down 25 percent, reaching his lowest ratings in that category since August 2001. With an average prime-time audience in the 25-54 category of 317,000, Fox had reached its lowest monthly total since August 2001.

On CNN, Piers Morgan was about where he was a year ago, down 6 percent. That was the second-worst monthly performance for his show.



Advertising: A Spokesman Finds Fame Interviewing Tiny Experts

A Spokesman Finds Fame Interviewing Tiny Experts

The comedian and writer Beck Bennett, 28, began to anchor a near-omnipresent national campaign for AT&T in November.

How ubiquitous are those AT&T commercials with the inquisitive guy talking earnestly with the cute, lippy children? So ubiquitous that the guy - a comedian, actor and writer named Beck Bennett - sometimes finds himself, despite his best intentions, watching himself on television.

AT&T's “It's Not Complicated” ads feature mostly improvised exchanges between a deadpan moderator and an array of cute children.

“They catch me by surprise,” Mr. Bennett said of the spots. “I'll be at a bar with friends on a Friday or Saturday, and they come on.”

“It's pretty surreal,” he added.

In nearly two dozen commercials so far, Mr. Bennett plays a deadpan interlocutor who takes children seriously, drawing them out in wry exchanges that are partly scripted and mostly improvised - or, as Mr. Bennett describes it, “like ‘The Colbert Report' meets ‘Kids Say the Darnedest Things.' ”

In one spot, a child triumphantly shouts “infinity times infinity” as the biggest number any of them can think of, prompting Mr. Bennett to gesture like his head will explode.

In another, which has run in a near-endless loop on television lately, a little girl says she'll use the money she saves to buy a “changer machine” to turn her brother into a puppy.

“Couldn't you just buy an actual puppy?” Mr. Bennett asks.

“Yeah, but if my brother's a puppy,” she says, “I could bring him to show and tell and say, ‘Hey everybody, here's my puppy-brother.' ”

“Well,” Mr. Bennett declares, “When you say it like that, it makes perfect sense.”

With that kind of delivery, Mr. Bennett, 28, has been widely credited with keeping viewers engaged (along with the charming children) despite the thousands of times the spots are appearing each day, locally and nationally, on broadcast and cable television. They can also be watched on the AT&T channel on YouTube. There are also radio and online versions. The commercials began running in November as part of an AT&T campaign, created by the BBDO Atlanta division of BBDO North America, that carries the theme “It's not complicated.”

“Verizon, in its ads, was making a superiority claim, saying, ‘We're bigger,' ” said Gary M. Stibel, chief executive at the New England Consulting Group in Norwalk, Conn. “AT&T puts on an adult with a bunch of kids who say, ‘Faster is better than slower' and ‘Bigger is better than smaller.' The take-away is ‘AT&T is better.' ”

Although the AT&T campaign is still in its early days - compared with a long-running campaign like “Reach out and touch someone,” which AT&T ran from 1979 to 1984 - Mr. Beck seems poised to join a lengthy list of actors who become synonymous with the brands they advertise by dint of the popularity of the campaigns, how often the campaigns appear or both.

Others include John Houseman, who declared in ads for Smith Barney, “We make money the old-fashioned way - we earn it”; and Jan Miner, who played a manicurist named Madge in commercials for Palmolive dishwashing liquid.

David Christopher, chief marketing officer at the AT&T Mobility division of AT&T, praised Mr. Bennett's role in making the AT&T campaign “wildly successful, more so than we could've imagined,” as demonstrated by measurements like views on YouTube - one of the most popular had 1.18 million views as of Tuesday evening - and positive comments in social media.

“His tone is deferential and his comedic timing is awesome; the whole construct works,” Mr. Christopher said. “It's the perfect mix of hard-hitting, competitive messages with cute and compelling content.”

During the first three months of this year, the most recent period for which data are available, AT&T spent $504 million to buy advertising in major media, according to Kantar Media, a division of WPP that tracks ad spending. Although that total includes many other campaigns in addition to Mr. Bennett's commercials, it is indicative of how frequently the spots turn up; the sheer weight can drive home the AT&T brand name for those viewers who are so entertained that they may miss or forget who the sponsor is.

Mr. Bennett's effectiveness may stem from the time he has spent honing his skills in playing a character who interviews children, as shown on a Web series, “Fresh Perspectives,” that he created in 2011. A year later, he auditioned for, and landed, an online campaign for AT&T, “Brackets by Six-Year-Olds,” in which he asked children to select teams that could win the N.C.A.A. men's basketball tournament. The response to that campaign led to the creation of the “It's not complicated” commercials and Mr. Bennett's signing of a long-term contract.

“We thought, ‘We should use this guy for something bigger,' ” said David Lubars, chairman and chief creative officer at BBDO North America in New York.



As Texas G.O.P. Revives Abortion Ban, a Look at Public Opinion

The Texas Legislature began a second special session on Monday to again take up a bill that would, among other provisions, ban abortions in Texas after 20 weeks of gestation. The bill failed in a previous special session after State Senator Wendy Davis stood for roughly 11 hours in a filibuster that brought national attention to the fight.

The Texas bill is still expected to become law, however. And Ms. Davis’s filibuster came several days after Republicans in the United States House of Representatives succeeded in passing asimilar ban (though that bill has virtually no chance of being taken up in the Senate). And since 2010, 12 other states with Republican-led Legislatures have passed bills that ban abortions after 20 weeks (many of those laws are being challenged in court as unconstitutional).

Discussions of women’s reproductive health have proved politically problematic for Republicans in recent years, but public opinion shows that Republican legislators pushing 20-week bans may be on safer political footing.

While polls have consistently found that a majority of Americans support a right to an abortion in all or most circumstances, surveys also show that support for abortion narrows further into a pregnancy.

A United Technologies/National Journa! l Congressional Connection poll released last Wednesday found the public almost evenly split on a 20-week ban: 48 percent of respondents said they would support legislation that banned “virtually all abortions nationwide after 20 weeks of pregnancy, except in cases of rape and incest that are reported to authorities.” Forty-four percent would oppose such a bill.

Few other polls have asked specifically about a 20-week threshold, but Gallup has done surveys gauging support for abortion by trimester and has found largely the same result since it began asking the question in 1996: A clear majority of Americans favor legal abortion in the first trimester, but that support drops precipitously in the second trimester and ven further in the third.

The most recent Gallup survey in December 2012, found that while 61 percent of respondents said that abortion should be legal in the first three months of pregnancy, just 27 percent thought it should be legal in the second three months and a mere 14 percent of respondents favored legal abortion in the last three months of a pregnancy.

Of course, the second trimester stretches several weeks past the 20-week threshold, making it an inexact barometer for gauging support for the recent Republican legislation. And in the United States, few abortions actually occur late in a pregnancy. According to the Guttmacher Institute, a nonpartisan nonprofit research group, 9 in 10 abortions occur within the first 12 weeks of pregnancy and just 1.5 percent of abortions take place after 20 weeks. These late-term abortions are also performed when the health of the mother is at risk, an exception that polls show that most Americans support.



Megyn Kelly to Get Prime-Time Slot on Fox News

Megyn Kelly to Get Prime-Time Slot on Fox News

The second quarter of 2013 cemented the recent ratings trends in cable news, with CNN rising and MSNBC falling, while Fox News continued its overall dominance.

But within those quarterly reports was the news that in June Fox News scored its lowest ratings since August 2001 among the viewers news advertisers most want to reach, the 25-to-54 age group. The network may be trying to address this issue with its decision to elevate one of its rising stars, Megyn Kelly, to a prime-time slot as soon as she returns from a planned maternity leave in the next few months. Fox made that expected promotion official on Tuesday.

Fox did not announce a specific show for Ms. Kelly or whose place she would be taking in the network’s prime-time lineup. However, speculation has centered on Greta Van Susteren, the 10 p.m. anchor. Ms. Van Susteren recently signed an extension of her Fox contract but her future role is not certain at this point.

Her husband, John Coale, said in an interview with The Times in May that she would be willing to move to an earlier hour. Several Web sites, including Mediaite, reported this week that Ms. Van Susteren had held talks with CNN, seeking a job at that network. A CNN executive confirmed Tuesday that those talks had taken place.

Fox News also announced on Tuesday that it had extended the contracts of all its evening and prime-time anchors: Bill O’Reilly, Sean Hannity, Bret Baier and Shepard Smith.

All those men continued to pile up huge advantages over their competitors in terms of total viewers in the second quarter, as did Fox News, which was up 12 percent in total day ratings and 3 percent in the Monday through Friday prime-time ratings.

But Fox News did show declines among viewers between 25 and 54, the group that accounts for the bulk of ad revenue for news networks. For the quarter, Fox was down 6 percent in total day ratings in that category and 12 percent in the prime-time hours.

The second quarter proved a boon to CNN, which capitalized on a spate of big news during the last three months â€" including the Boston Marathon bombings â€" to post sizable ratings increases across the board, even as MSNBC was suffering significant losses. CNN finished ahead of MSNBC for a full quarter in prime time in both total viewers and in the 25-54 group for the first time since 2009.

In total day numbers, CNN was up 49 percent in total viewers, to 475,000. That was ahead of MSNBC’s 360,000 (down 9 percent), though nowhere near Fox News, which averaged 1.2 million. However, in that advertiser-preferred group, CNN came much closer to the perennial leader, Fox News, with 161,000 viewers to Fox’s 238,000.

In the Monday-Friday prime-time competition, Fox News held a similar yawning advantage in total viewers with 2.2 million (up 3 percent) to CNN’s 733,000; CNN’s total represents a 56 percent increase from the previous year (when the network was setting records for low ratings). CNN easily topped MSNBC, which dropped to 660,000, down 19 percent.

Again, the prime-time gap between Fox News and CNN was much narrower in the 25-54 category â€" just 136,000 â€" as opposed to almost 1.5 million among total viewers. Fox News averaged 386,000 for the quarter in that advertiser-preferred group, down 12 percent, to CNN’s 250,000, up 76 percent. MSNBC dropped 14 percent to 196,000.

MSNBC’s biggest name, Rachel Maddow, suffered through her worst quarter among total viewers since coming on the air in 2008.

The last month of the quarter, June, seemed to be pointing to a slowdown in news, which affected all the networks. With no headline-grabbing events to drive the ratings, MSNBC regained second place over CNN for the month. Many of the individual news programs showed stark falloffs from last June, which was an intense month for political coverage in a presidential election year.

In June, Ms. Maddow, for example, was down 20 percent from a year ago in the 25-54 audience, to her worst performance ever; Mr. Hannity’s decline was even sharper, down 25 percent, reaching his lowest ratings in that category since August 2001. With an average prime-time audience in the 25-54 category of 317,000, Fox had reached its lowest monthly total since August 2001.

On CNN, Piers Morgan was about where he was a year ago, down 6 percent. That was the second-worst monthly performance for his show.



Megyn Kelly to Get Prime-Time Slot on Fox News

Megyn Kelly to Get Prime-Time Slot on Fox News

The second quarter of 2013 cemented the recent ratings trends in cable news, with CNN rising and MSNBC falling, while Fox News continued its overall dominance.

But within those quarterly reports was the news that in June Fox News scored its lowest ratings since August 2001 among the viewers news advertisers most want to reach, the 25-to-54 age group. The network may be trying to address this issue with its decision to elevate one of its rising stars, Megyn Kelly, to a prime-time slot as soon as she returns from a planned maternity leave in the next few months. Fox made that expected promotion official on Tuesday.

Fox did not announce a specific show for Ms. Kelly or whose place she would be taking in the network’s prime-time lineup. However, speculation has centered on Greta Van Susteren, the 10 p.m. anchor. Ms. Van Susteren recently signed an extension of her Fox contract but her future role is not certain at this point.

Her husband, John Coale, said in an interview with The Times in May that she would be willing to move to an earlier hour. Several Web sites, including Mediaite, reported this week that Ms. Van Susteren had held talks with CNN, seeking a job at that network. A CNN executive confirmed Tuesday that those talks had taken place.

Fox News also announced on Tuesday that it had extended the contracts of all its evening and prime-time anchors: Bill O’Reilly, Sean Hannity, Bret Baier and Shepard Smith.

All those men continued to pile up huge advantages over their competitors in terms of total viewers in the second quarter, as did Fox News, which was up 12 percent in total day ratings and 3 percent in the Monday through Friday prime-time ratings.

But Fox News did show declines among viewers between 25 and 54, the group that accounts for the bulk of ad revenue for news networks. For the quarter, Fox was down 6 percent in total day ratings in that category and 12 percent in the prime-time hours.

The second quarter proved a boon to CNN, which capitalized on a spate of big news during the last three months â€" including the Boston Marathon bombings â€" to post sizable ratings increases across the board, even as MSNBC was suffering significant losses. CNN finished ahead of MSNBC for a full quarter in prime time in both total viewers and in the 25-54 group for the first time since 2009.

In total day numbers, CNN was up 49 percent in total viewers, to 475,000. That was ahead of MSNBC’s 360,000 (down 9 percent), though nowhere near Fox News, which averaged 1.2 million. However, in that advertiser-preferred group, CNN came much closer to the perennial leader, Fox News, with 161,000 viewers to Fox’s 238,000.

In the Monday-Friday prime-time competition, Fox News held a similar yawning advantage in total viewers with 2.2 million (up 3 percent) to CNN’s 733,000; CNN’s total represents a 56 percent increase from the previous year (when the network was setting records for low ratings). CNN easily topped MSNBC, which dropped to 660,000, down 19 percent.

Again, the prime-time gap between Fox News and CNN was much narrower in the 25-54 category â€" just 136,000 â€" as opposed to almost 1.5 million among total viewers. Fox News averaged 386,000 for the quarter in that advertiser-preferred group, down 12 percent, to CNN’s 250,000, up 76 percent. MSNBC dropped 14 percent to 196,000.

MSNBC’s biggest name, Rachel Maddow, suffered through her worst quarter among total viewers since coming on the air in 2008.

The last month of the quarter, June, seemed to be pointing to a slowdown in news, which affected all the networks. With no headline-grabbing events to drive the ratings, MSNBC regained second place over CNN for the month. Many of the individual news programs showed stark falloffs from last June, which was an intense month for political coverage in a presidential election year.

In June, Ms. Maddow, for example, was down 20 percent from a year ago in the 25-54 audience, to her worst performance ever; Mr. Hannity’s decline was even sharper, down 25 percent, reaching his lowest ratings in that category since August 2001. With an average prime-time audience in the 25-54 category of 317,000, Fox had reached its lowest monthly total since August 2001.

On CNN, Piers Morgan was about where he was a year ago, down 6 percent. That was the second-worst monthly performance for his show.



French Regulator Raids Offices of Apple and Affiliates

French Regulator Raids Offices of Apple and Affiliates

Ian Langsdon/European Pressphoto Agency

Buying an iPhone 5 at an Apple Store in Paris. Apple has been accused of abusing its market dominance in France.

PARIS â€" Authorities searched the French offices of Apple and some affiliated companies as part of an investigation into retailing practices, a spokesman for the French competition regulator said on Tuesday.

The raids took place last week on “some of Apple’s premises in France, as well as those of some of its wholesalers and distributors,” said André Piérard, a spokesman for the regulator, the Competition Authority.

Mr. Piérard said the investigation was done by competition officials accompanied by judicial police officers. Authorities seized documents in the raids.

Apple is known for maintaining strict controls over its product image and marketing, extending those efforts to its highly profitable stores. But its leading market position has prompted scrutiny in Europe and elsewhere. European regulators, for example, have been examining Apple’s contracts with the cellphone carriers that sell its iPhone for possible antitrust violations.

The news of the investigation in France was first reported Monday by Les Échos, a financial newspaper. The article said the investigators were interested in Apple’s relations with its distributors.

The article cited the case of eBizcuss, an Apple premium reseller that operated about 15 stores until it collapsed last year. The eBizcuss chief executive, François Prudent, accused Apple of abusing its market dominance and of unfair competition, contending that the company had opened Apple stores around the country while starving its other authorized retailers of popular products like the newest iPads and iPhones. Mr. Prudent filed a complaint with the regulator.

According to Les Échos, the competition authorities want to know if Apple ordered its wholesalers, with which the distributors like eBizcuss were in almost daily contact, not to deliver the products on time. Les Échos reported that Mr. Piérard also said that the competition authorities were investigating Apple and other Internet companies on suspicion of abuse of market dominance with their online app stores.

Mr. Piérard declined to comment on the newspaper report. Josh Rosenstock, an Apple spokesman in London, also declined to comment.