captioning sponsored by macneil/lehrer productions >> lehrer: good evening. i'm jim lehrer. the latest on the mine accident in west virginia and the search for survivors. >> brown: and i'm jeffrey brown. on the "newshour" tonight: family members cling to what the state's governor called "a sliver of hope." we'll talk to frank langfitt of national public radio on the scene. >> lehrer: then, gwen ifill reports on the political turmoil in the former soviet republic of kyrgyztan-- site of a u.s. air base that supplies troops in afghanistan. >> brown: we debate a court decision that could limit future regulation of the internet. >> lehrer: we have updates on

two school systems: john merrow reports on alternatives for troubled teens in new orleans. >> i've got 16-year-old seventh graders and 17-year-old eighth graders and 18-year-old ninth graders who are reading at the third or fourth grade reading level. those are tremendous challenges. >> a lot of them put up walls. >> brown: and we look at washington d.c, where the schools chief struck a deal with the teachers union. >> lehrer: and, fred de sam lazaro tells a good news story about an effort championed by former president carter to rid the world of a terrible disease called guinea worm. >> we've reduced it from more than two and a half million cases down to about 2,500 cases in the whole world and the last major holdout will be here in southern sudan. >> lehrer: that's all ahead on tonight's "newshour." major funding for the pbs newshour has been provided by:

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the national science foundation. supporting education and research across all fields of science and engineering. and with the ongoing support of these institutions and foundations. and... this program was made possible by the corporation for public broadcasting. and by contributions to your pbs station from viewers like you. thank you. >> lehrer: the upper big branch coal mine in west virginia remained the scene of anxious activity today.

rescuers drilled holes, hoping to vent poisonous gases. before dawn, a massive drill reached the section of the underground complex where rescuers believe four miners may still be trapped. >> we have one drill currently in operation, right next to that we have another drill hole about 1,100 feet deep. >> lehrer: this afternoon, the crews worked on drilling two more holes, hoping to clear the air in the mine so that rescue teams could enter. west virginia governor joe manchin said it's still possible the missing men may have found refuge in an airtight safety chamber, after monday's explosion that killed 25 others. >> as a family member you can imagine the sliver of hope we have, is that, the four would be there. three, two, one. that's the sliver of hope that we have and they know the odds are, uh, not in our favor, because of the horrific-ness of

and the horrendous blast that we had. but, with that, that's what we're still holding on to. >> lehrer: a top official with the federal mine safety and health administration said when rescue teams do get back in the mine, the search could take hours. >> it's a lot of darkness, there's a lot of coal dust that has turned the surfaces black, and if you shined your light, it's very difficult seeing. and, in addition, there's a dust covering over just about anything that you would come across in the coal mine. >> lehrer: monday's blast took place some 30 miles from the state capital charleston, shaking the small mining community of montcoal, west virginia. >> my heart just hurts for those people whose men are still in that mine. >> lehrer: the upper big branch disaster is already the deadliest u.s. mine accident since 1984. timmy davis junior lost two cousins and his father. >> he just loved his job, i mean that's where he liked being, if he'd made it out he'd go back

tomorrow. >> lehrer: as the men and women here continued to pray for loved ones, the mine safety and health administration assembled a special team to investigate what happened and why. the mine's operator, massey energy company, had been cited for numerous safety violations at the upper big branch mine. there were more than 50 this last march alone and 1,300 since 2005. massey c.e.o. don blankenship conceded that number was above the norm. >> this particular mine has had more violations than some of the others. it hasn't had a lost time accident until these fatals this year. and this incident, which, you know, an explosion of some sort that we're not sure what happened yet; we don't really know what to say about it. >> lehrer: the federal government levied more than $1 million in penalties against massey last year alone. the company has only paid 16

16% of that amount. it's contesting the rest. and we get more now from the disaster scene from frank langfitt of national public radio. >> lehrer: frank, first of all, there just has been news that moved off the wires that it turns out that the federal officials had cited massey energy with two violations on the day of the blast itself, according to these reports from the wires. can you tell us anything about that? >> well, one of the things that a lot of people are talking about is the record of the mine in the last few months. a lot of this seems to be focusing on the ventilation, in terms of keeping the methane levels from getting too high and coal dust levels from getting too high. recently there are several sources familiar with the mine who said as recently at two or three months ago, they were evacuating the mine because methane was getting too high. i spoke to a family member

of someone who lost someone in the mine, and she told me that. and the "new york times" spoke to one of the miners who said that. there is focus on what was the ventilation system leading up to the days just before the explosion. >> lehrer: we talked about this a little last night, frank, but refresh our memories here. the system is supposed to catch, automatically methane gas automatically when the levels get too high. am i correct about that? >> absolutely. there has been a lot of improvements in the mine safety, and there are lots of fea fail safes. if you have a continuous miner, a big machine that goes in and grinds up the coal. if the methane goes over 2% in the air, that machine should automatically shut down. and the other thing is miners have ways of monitoring myth -- methane, and obviously there were problems with methane leading up to this accident. the other thing that you sometimes find

in the ventilation system, there are giant fans to move air around the mine to make sure that the methane levels are diluted and low. and so investigators are always looking. were these sensors working correctly? was the ventilation system being followed closely. that's one of the things they'll be looking at very soon. >> lehrer: otherwise today, they were drilling holes, but basically this was a waiting day, am i right? >> it really was a waiting day. they got their first samples early this morning. and the methane levels were 3%. it is not quite combustible, but when you combine it with the carbon monoxide, it could, in fact, explode. so they're holding the rescuers out. they don't want the rescuers to go in and there to be a spark and actually lose more people. so the other thing that was interesting is the carbon monoxide levels were very high. in fact, they were so high that when the air became coming out of the bore hole, the people working on machinery were affected

by it. and they had to put a tube over the bore hole to get that air out of the way, to not really affect and make it harder for the people to work. >> lehrer: so there is not even a proposed timeline at this point as to when it may be possible for the rescuers to go in there? >> they're being very, very careful about giving any sort of timetable. and at every news conference, we're pressing them very hard. they have a second hole, about 500, 600 feet down, as you heard, and they're going to continue to bore these holes, but it could take quite a long time. as we were mentioning last night, there have been situations in the past where they sent rescuers in where the air was not safe, and they've had explosions and they've lost more people. what governor mansion told the families today is if some of your loved once were able to make it into the rescue chambers, they'll be okay. and he said they're accepting that. it was very slow, and probably for many people

in the community, a frustrating day. >> lehrer: when the governor said there was a sliver of hope, how should "sliver" be defined at this point? >> well, i think time is your enemy in these situations. this has been proven time and again in coal mining accidents. the sooner you can get people out, the more likely that they're going to survive. the longer it takes, the lower it gets. there have been -- i think at this point, many people think it is very unlikely that anyone has survived. but there have been miracles. do you remember the the creek in pennsylvania, there was a flooding there, and many people thought most of the miners were lost, and they survived. and just last week in china, that same thing happened. the officials always want to hold on to some hope before they finally declare that all hope is lost. >> lehrer: finally, frank, paint the scene for us a little bit. what is it like for us there? >> it has been very sober. but i do want to mention something. we're set up here -- the national press corps is at an elementary school.

and the school kids were coming in and bringing us bags of food and lunges and cherry pies. people -- we're here at their most vulnerable moment, and they've really shown a lot of politeness and caring for us. it says a lot about west virginia and the people who live around here. >> lehrer: now, the people who are gathered -- they're obviously family of the four miners who are still missing, as well as families of those who are dead, but still in the mine. is that correct? among others? >> yes -- there are still -- there are still the four who are missing, and there are some other bodies that have not been recovered yet. >> lehrer: and those families are waiting for that, as well as to get the final word on those four? >> they are, of course. and that leaves them uneasy. there is still not a sense of conclusion to this for those families until their loved ones are brought out. >> lehrer: frank, thanks again. >> you're very welcome,

jim. >> brown: now, the other news of the day. here's kwame holman in our newsroom. >> holman: an afghan government spokesman insisted today president hamid karzai is committed to fighting terror. afghan lawmakers had said karzai had threatened to join the taliban unless the u.s. and others stop pressing him on reform. but the spokesman denied it. he said: "that comment, whoever has come up with it, does not make sense." on wednesday, white house spokesman robert gibbs voiced new concerns about karzai. he suggested the u.s. might ncel the afghan leader's planned visit next month. meanwhile, nato reported another service-member killed today in the south-- the ninth this month. in iraq, funerals were held in baghdad, a day after bombings killed 54 people. hundreds of mourners marched in tribute to the victims. about 120 iraqis have been killed in and around baghdad in the last five days. iraqi officials said militants are trying to undermine efforts to form a new government. in thailand, the government declared a state of emergency after protesters broke into parliament.

a group known as the "red shirts" stormed the building, forcing lawmakers to flee by helicopter or by scaling the compound's walls. the prime minister said the four-week-old protests had gone too far. >> the protestors are breaking more and more laws. especially in the past few days. they disobeyed law enforcement officers on duty, and today they even trespassed on an important government location, the case where they trespassed into the parliament. >> holman: the decree allows the government to impose curfews, ban gatherings of more than five people, and censor any media that could cause panic. the "red shirts" support a prime minister who was ousted in 2006. they're demanding new elections. general motors will pay off $6.7 billion in government loans by this june. that would be five years ahead of schedule. the auto maker also reported today it could return to profitability later this year. g.m. said it lost $4.3 billion in the last half of 2009, but it

said sales and production have increased since then. just before toyota announced a huge recall. the associated press reported today the warning was contained in an internal e-mail by irv miller, a company vice president. he since has retired. in the e-mail miller said "we are not protecting our costumers by keeping this quiet." the automaker had no immediate response for the report. for the record, toyota is an underwriter of the new england. the former chairman of the federal reserve-- alan greenspan -- today defended his actions during the run-up to the financial crisis. he appeared before a bipartisan commission, at a hearing focused on sub-prime mortgages. those loans went bad in droves and fueled the meltdown in 2008. the panel's chairman said it was the fed's fault. greenspan blamed mortgage lending giants fannie mae and freddie mac for pushing the risky loans. >> mr. chairman, why, in the face of all that, did you not

act to contain abusive, deceptive subprime lending? why did you allow it to become such an infection in the marketplace? >> i think things were better than they would have been. were they enough to stop the surge in subprime lending? they were not. and the reason for that is the extraordinary changes that were going in the marketplace, and indeed, the actions of fannie and freddie-- which we didn't know about until september 2009, which altered the structure of that market from what was in, say, prior to 2002, a small, well-functioning institution. >> holman: greenspan conceded he did make mistakes. but he said if the fed had cracked down during the housing boom, then in his words: "the congress would have clamped down on us." separately, the current fed chairman-- ben bernanke-- said today there's no sign yet of a

sustained recovery in housing. in a dallas speech, he also warned government leaders will have to rein in medicare and social security to control huge deficits. the federal reserve reported today that consumer borrowing fell again in february. it was down for the 12th time in 13 months, in a sign of continuing weakness in the economy. the news helped send wall street into a slide. the dow jones industrial average lost 72 points to close at 10,897. the nasdaq fell five points to close at 2,431. the fbi has arrested a california man for making dozens of threatening calls to house speaker nancy pelosi over health care reform. the bureau confirmed it today. on tuesday, a washington state man was charged with threatening democratic senator patty murray, also over health care. in another development, five more states joined a lawsuit against the new health care law. it charges the overhaul violates states' rights.

in all, 19 state attorneys general have filed suit. most are republicans. in women's college basketball, connecticut defeated stanford last night, 53-47, claiming its seventh national title. the huskies rallied after scoring just 12 points in the first half. they finished with an undefeated record this season and 78 straight wins overall. the last time the uconn women lost was in 2008 to stanford. those are some of the day's main stories. i'll be back at the end of the program with a preview of what you'll find tonight on the newshour's web site. for now, back to jeff. >> brown: still to come on the newshour ... updating the schools in new orleans ... and washington, d.c. regulating internet providers and getting rid of guinea worm. but first: turmoil erupted today in kyrgyzstan. opposition leaders there claimed police shot and killed 100 protesters in the capital and they claimed to have ousted the government. gwen ifill has the story. >> reporter: the streets of bishkek descended into chaos as

thousands of people marched through the city brandishing rifles. fire consumed vehicles. and the protesters stormed government buildings and took over the state television headquarters. at first, riot police fired rubber bullets into the air to keep the crowds at bay, but that escalated into live ammunition. hundreds were hurt, and footage showed some of the injured being carried away. >> ( translated ): people are unhappy. look around here, young people, we all are poor, no jobs. they are shooting at people, you can see for yourselves. after this, i think there will be blood for blood. >> ifill: at a news conference, bakiyev reported violence had broken out in other cities as well. >> ( translated ): the situation in talas yesterday was quite tense, especially in the evening. around 7:00 p.m., there was

tension. the building of the regional administration in talas was attacked twice, then it was taken over and destroyed. everything that could have been broken was broken and then set on fire. >> reporter: kyrgyzstan has been gripped by unrest since early march over poverty, rising prices, corruption and complaints of authoritarian rule. the opposition called nationwide protests today to defy president kurmanbed bakiyev. he was swept into power in 2005, in the so-called "tulip revolution." later, opposition leaders announced they had formed a new government and taken over a state security headquarters. they also said president bakiyev had fled the country. in washington, state department spokesman p.j. crowley said u.s. officials believe bakiyev is still in power, but he said they are closely watching the situation. >> we have concerns about issues intimidation by the government, corruption within the government. we want to see kyrgystan evolve just as we do other countries in

the region. that said there is a sitting government. we work closely with that government. we are allied with that government in terms of its support for international operations in afghanistan. >> reporter: the central asian nation houses the u.s. air base at manas supplying operations against the taliban in afghanistan. it was also, once part of the soviet union. horton beebe carter-- the president of the eurasia washington said today the u.s. has worked on improving ties with kyrgyzatan for two decades, and he expects the relationship to continue. >> the issue of the base is a crucial one from the u.s. government's strategic policy perspective because it is so important to resupplying forces in afghanistan. my guess would be that no matter who emerges as the new leader of kyrgyzatan, that that person will see

an interest in maintaining the close alliance that washington and the president had over the last several years. >> reporter: but russian prime minister vladimir putin denied moscow played any role in today's events. he said: "neither russia, nor your humble servant, nor russian officials have any links whatsoever to these events." as the day wore on, more protesters arrived for treatment at local hospitals suffering from gunshot wounds. as the u.s. appealed for both sides to stand down, the situation remained uncertain at day's end. >> lehrer: now, updates of efforts to change troubled school systems. the "newshour's" special correspondent for education, john merrow, has been tracking changes in the public schools of new orleans and washington, d.c. -- two cities that are being watched nationally. we begin in new orleans

tonight, john looks at alternative schools for students with behavior and academic problems. >> reporter: when school superintendent paul vallas arrived in new orleans three years ago, he faced a tough challenge: how to educate students who are way behind academically or who have gotten in trouble with the law. this school, booker t. washington, was designed for teenagers who are performing at an elementary school level. although three-fourths of students in vallas district are at least one grade level behind, here, the problem is extreme. >> i've got 16-year-old seventh graders and 17-year-old eighth graders and 18-year-old ninth graders who are reading at the third or fourth grade reading level. those are... those are tremendous challenges. >> reporter: students who have been expelled or run into trouble with the law attend success at schwarz academy, with the goal of improving their behavior and returning to regular high school. >> we have students who have violated the zero tolerance

policy, who... who pose a physical danger to other students; kids who are too violent, too disruptive to be kept in the traditional school environment. >> reporter: from day one, discipline at both schools became the main concern. mera bercy was assistant principal at booker t. washington. >> our students are frustrated, they are emotionally frustrated, they are academically frustrated. they're not aware of how they're creating a domino effect, or how it may affect the entire classroom. >> reporter: halfway through his first year, vallas turned to an approach he'd used before, as superintendent in philadelphia. he hired a private company, camelot, to run booker t. and schwarz. >> one of the reasons we brought camelot in was there was no infrastructure. when we came in, there were no alternative schools. we were not equipped, yet, to come in with a model of our own and set up these programs, and

to run them effectively. >> reporter: camelot established a rigid code of behavior. students had to walk through the halls with their hands behind their backs. those who acted out were removed from class and placed in in- school suspension. according to math teacher luke strattner and others, the approach backfired. >> there was big fights going on every day. there was so much chaos that the camelot guys, you know, we were all trying to control the chaos, but it wasn't really working. >> reporter: just over a year later, vallas chose not to renew camelot's contract at either school. >> reporter: did you fire camelot? >> no, no, no. we contracted them only for a single year. i mean, the game plan was to bring them in, to get programs set up so that we wouldn't have these kids on the street, and then to and then to bring the programs in-house. so that was always part of the plan. >> reporter: so you don't bringing in camelot was a mistake, or not? >> no, it wasn't a mistake at all given the fact that nothing existed. i think they did, you know, i

think... i believe they did an adequate job, maybe even in fact more than adequate. >> reporter: this year, paul vallas took back control of his alternative schools. and he's moved fast, introducing a host of strategies designed to reach beyond the classroom, and address the deeper roots of student problems. >> if you believe if you got into a fight you would shoot somebody, raise your hand? >> reporter: this is circle of courage, a new course at booker t. washington, the school for overage students. it's a daily class designed to teach them to make better life decisions-- a lesson leader khalil osiris and the other instructors have learned the hard way. >> each of us has had challenges with the criminal justice system. we've made some very poor choices and in some cases horrible choices in our lives, but have found a way to turn our lives around.

>> they been there, they done that, and they understand. and then they give us a positive note, so we don't take the same route that they took. >> reporter: deputy superintendent michael haggen oversees vallas alternative schools. >> they're learning how to deescalate on their own. they're learning how to do peer mediation. they're learning that there are opportunities where you are going to be on the outside, where you're going to have to make a choice. do you want to do something that's a poor decision? or do you want to make the best decision? >> reporter: principal rosemary martin hopes that lessons learned in circle of courage will lead to academic success. >> a lot of them put up walls. and we've had to chisel away at those walls, so that we can get into their minds, so that they have a mindset of wanting to be taught, wanting to achieve and wanting to learn, even though they may be three or four grades

below or behind their age level. >> reporter: to earn the students trust, principal martin says the school has to take responsibility for past mistakes. many students are victims of a system that promoted them year after year in spite of poor performance. suppose a kid says, hey, how come they didn't teach me to read? what do you say? >> i tell the students that had those issues that yeah there are people who did not teach you how to read some way, somewhere along the road someone dropped the ball. >> reporter: so it's not their fault? >> it's not their fault. that's the first step, is acknowledgement. >> reporter: last year, just 13% of eighth graders here passed the state test required to move on to high school. this year, with the help of after-school programs and saturday classes, principal martin hopes shell reach 60%. martin hopes she'll reach 60%.

>> it's an all out effort to have our kids to achieve the mastery of that they need to achieve. >> reporter: at schwarz academy, the high school for students who have been expelled, discipline is still tight but classes have changed. in this journalism class, students are encouraged to develop and present a point-of- view. schwarz now has a monthly newspaper, a first for the school. today's discussion concerns coverage of the earthquake in haiti. >> we should do a compare and contrast of katrina. the time that it took for them to give the people food and save them and stuff to the time it took to get to new orleans and save us. >> i think for the first time, they're recognizing that they have a voice. somebody's asking them what they believe and they get to say it. >> reporter: in an effort to develop skills that can lead to jobs, some schwarz students are now participating in a dual enrollment program at louisiana technical college. courses include nursing and

carpentry. >> i like taking young people, out of the traditional high school environment, and putting them in an environment where they are surrounded with individuals who have... who are focused on their careers. >> reporter: although both schools still struggle with behavior problems, vallas believes his empowerment approach is making a difference. >> it's like tough love, where with camelot it was tough. >> reporter: tough love versus tough. >> versus tough. >> reporter: state test results come back in may. vallas will be watching for those scores, and other indicators as well. >> we'll measure success as to whether or not those children are making progress. by whether or not their behavior improves, by whether or not they become focused, by whether or not they begin to act responsibly. we'll be able to tell whether or not they're having a positive impact. >> reporter: already, some students are voting with their feet. at schwarz, students are meant to transfer back to traditional high school. some are choosing to stay.

>> lehrer: and now to washington, d.c, the other school system that john merrow has been following... chancellor michelle rhee and the teachers union reached agreement on a contract yesterday. rhee lost her push to get teachers to give up tenure in exchange for higher pay. but teachers will get performance-based bonuses if their students do better academically. and rhee and the principals will have more latitude to choose which teachers to keep if schools are closed or budgets are cut. she explained her support for the agreement at a joint news conference today. >> everything is driven by performance for children. so if you look at how teachers will be compensated now, that will largely be driven by whether or not you're delivering results with children. so we're moving away from a lock-step pay structure and to a new performance pay structure. the second is the decisions about staffing in schools. who may be leaving a school because of an excess, or who will be placed in a school will

be driven by performance. who is best suited to meet the needs of the children in this school. so instead of being driven by seniority, we're driving those decisions by performance. >> lehrer: union leaders said they were pleased, too. they won a 21% salary increase over five years and professional development for teachers. randi weingarten is the president of the american federation of teachers, the national parent organization of the washington union. she spoke at the press conference as well. >> we may have had different views about how to change schools. but let their be no doubt-- both sides wanted change. the status quo was not working for anyone. not for teachers, not for administrators, especially not for kids. and so what the new agreement has done is to create an environment of high expectations for our kids and give teachers

the tools they need to excel in the classroom. >> lehrer: the union membership and the city council must still ratify the deal. >> brown: now, a big court decision about the business and regulation of the internet. >> brown: are the companies that provide internet service allowed to block certain sites or online services from their networks? can they charge one site more than another for heavier use of the bandwidth that carries all the digital information? those are some of the questions at the heart of an ongoing debate over so-called "internet or net neutrality"-- a set of principles adopted by the federal communications commission in 2005 that limits the ability of internet providers to treat sites differently. yesterday, the issue gained urgency when a federal appeals court in washington came down with a decision in favor of

comcast-- a large internet service provider as well as cable company-- and against the f.c.c. the case began with actions by comcast in 2007 to interfere with an online service called "bit torrent," a so-called file- swapping site that allows consumers to swap movies and other material over the internet files that use a great deal of bandwidth. the f.c.c. then told comcast it could not block subscribers from using bit-torrent under the commission's net neutrality rules. comcast sued and yesterday, the court of appeals agreed that the f.c.c. lacks the authority to force internet service providers to keep their networks open equally to all. and that raised a larger question: over just how much the f.c.c. can act as a watchdog of the web. just last month the f.c.c. announced a major new plan to expand broadband access, use and speed in the u.s. at that time, i asked f.c.c. chairman julius genachowski about his power to act.

>> do you feel you have the power to enforce this kind of competitive environment because there are some questions about the f.c.c.'s authority, legal authority in this area as well, right? >> yeah, we believe we do. we believe we have the authority to move forward on the policies in the plan. >> brown: in a written statement responding to yesterday's court decision, the f.c.c. said it remains "firmly committed to promoting an open internet and to policies that will bring the enormous benefits of broadband to all americans." the commission will now have to decide if it wants to appeal the decision or go to congress to seek explicit authority to regulate broadband internet services. two views now of the decision and the fallout: gigi sohn is president and co-founder of "public knowledge", a digital rights advocacy group that favors net neutrality regulations. scott cleland is chairman of "netcompetition.org", an online trade group financed by

broadband internet providers. >> welcome to both of you. >> thank you. >> brown: we just tried to explain what is meant by net neutrallity, but help us a little more. gigi sohn, you think this was a bad decision. why? what are the stakes? >> net neutrality is one who prohibits a cable operator from picking winners and losers over the internet. it prohibits that broadband operator from degrading my traffic, from blocking certain traffic, and from picking favorites. so comcast could favor certain content over others, and this particularly is important since they're trying to merge with nbc universal. so we're concerned that the court has taken away the f.c.c.'s power to protect broadband consumers when they're subject to activities like comcast engaged in. >> brown: do you see the definition that way?

and why would the companies want the power to manage how they manage the traffic? >> first of all, the companies are in the business of allowing their consumers to get to whatever content or application they want. that's what they're in business for. so they're committed to allowing consumers to do that. what the real rub is whether they continue to do it on a voluntary basis -- >> brown: excuse me. before you get to the voluntary versus the regulation, what the charge here is that they may be in the business of allowing it, but the fear is that they might not allow it, or they might not allow everybody to do it equally? >> managing broadband networks are very complicated. versuverizon mentioned they get five billion a day. and you also have different capacity in different places. so in order to deliver

quality of service to every who has paid for it, you also need to be able to manage. and because voice and video and data travel over the internet in very different ways -- voice has to be immediate, and video has to be just right, otherwise there is jitter. you have to have some management. the only question here is: how much management? and, of course, the broadband companies say of course we wouldn't do anything that is anticompetitive or that is going to prevent consumers from finding the content or applications of their choice. >> brown: a lot of these sites take a lot of bandits, and it can clog the system. >> we don't have a problem with broadband internet service providers reasonably managing their networks. it is when they pick favorites. and the comcast case is a perfect example. pier to pier is a high band application, but there are others high band applications that comcast chose not to block. it picked this particular

application because it is somewhat unpopular with some folks in congress and some folks elsewhere. we're saying you can manage your networks, but you cannot discriminate against one application, one content, one service. you have to treat them all equally. >> brown: picking favorites. >> and to disagree with gigi, she is implying motive here. in the sense that comcast was trying to manage its network because it had some consumers who were using an enormous amount of band width. this case is a lot about the f.c.c. saying you should have read our mind. you should have known what kind of management technique we would have liked. there was no real guidance or understanding. comcast, in good faith, was trying to provide quality of service. the f.c.c. says we don't like that technique. and then comcast complied. >> brown: that gets us to the f.c.c. -- that's a separate argument. should the f.c.c. be able to tell these companies

how to manage. you say they should have some authority? >> what i say is that there should be a broadband cop on the beat. somebody has got to be there for consumers if their internet access provider is blocking or degrading their traffic or favoring other traffic. look, there is not a lot of competition in this space. most of the country has a choice of a cable operator or a telephone operator. 20% of the country has a choice of one, and 20% of the country has no broadband provider. do we want to say i trust comcast, i trust at&t, i trust verizon. or do we need a back stop? i think we need a backstop. >> brown: you talk about competition and ensuring competition, but how much competition realistically is there on line? >> there is a tremendous amount. more here than anywhere in the world. we started out with a

telephone and cable monopoly 15 years ago. and every one of your viewers has people telling them what kind of broadband they can get. there is competition out there. the proof is in the pudding. have there been problems like gigi is alleging? we've had two in the last few years out of literally billions of applications. let's put this in perspective, there are 2,000 providers, two incidents in six years that the f.c.c. has a problem with, and therefore we have to change everything and regulate everything. that is way overreaching. >> brown: so now we move to the next step, which i showed in the stepup piece, which is how this affects other issues. one would be the broadband plan that the f.c.c. put forward. you heard what julie said to me, he thinks they have the legal authority. is he right? >> this is what the court case does: it throws into

question their ability to implement most of the national broadband plan. what the said is, f.c.c., you can roll the dice and you can try to make the case that you have authority for every issue under the broadband plan, and we'll decide. i say that is ridiculous. consumers can't be under the mercy of a court saying, yes, you have do universal service, and no, you don't for a subsidy that would help poor people get broadband. the f.c.c. has to put itself on firmer legal ground. that's what we're advocating for. >> brown: do you think this throws all of the f.c.c. into future regulations. >> this is an archaic issue that countrie companies ad consumers care about very much. the companies arefully committed to looking to the f.c.c. as a cop, and they have for the last four years.

that hasn't changed. really what this is a debate in is whether or not the current voluntary functioning system that has worked exceptionally well will continue because there hasn't been a problem, or whether we'll completely change everything, saying there might be a problem in the future, so we need to put a cage around all of this. that is totally unnecessary and totally unwarranted. >> brown: in our last minute here, what are the options for the f.c.c. i mentioned they could go to congress. they could appeal. there are other things they could do on their own. >> yeah. and that's where we think they should go. because it is going to take years, if ever, for congress to pass legislation. we know how hard that is. they're not going to win on appeal. it is highly unlikely. so the best option is for the f.c.c. to reverse its 2002 decision that deregulated broadband internet access. if they reverse that decision, they say, look, we were wrong in 2002. the predictive assumptions were wrong.

the market has changed. we're going to now regulate broadband access again. it will give them the firm legal footing -- it will be challenged by the cable and phone companies, there is not a doubt. but all of the f.c.c. has to do under the law is make a reasonable decision. it has been eight years since that decision, and in internet time, that is forever. >> brown: we have time for response. if they're doing it voluntarily, why not? >> it would be a horrible thing. basically it would be pulling the rug out of everything that has been done. you have literally years and multi-million dollars worth of investments and businesses and systems that have been set up, assuming the system would be one way. and if they reversed it midway. you change the rules mid game, and you move the goal post mid game, and it's not fair and it is very destructive. >> brown: this debate will continue. scott cleland and gigi sohn, thank you very much. >> thank you. >> lehrer: finally tonight, a success story.

it comes from southern sudan, where health workers have come close to eradicating a crippling disease called guinea worm. special correspondent fred de sam lazaro reports for our global health unit. a warning: you may find some of the images hard to watch. ( singing ) >> reporter: this remote corner of southern sudan is the homestretch of a campaign led by former president jimmy carter that could soon eradicate a scourge that dates back to biblical times. >> we will not stop the efforts of the carter center until there are no cases of guinea worm left in southern sudan or ghana or mali or ethiopia. that's the only places where we have a few cases left. >> we've been working on it now for more than 20 years. we've reduced it from more than two and a half million cases down to about 2,500 cases in the whole world and the last major holdout will be here in southern

sudan. >> reporter: in southern sudan, ravaged by decades of civil war, fewer than half the people have access to clean water. many must drink from the same open ponds as livestock animals. of all the diseases from unclean water, perhaps none is more disabling than dracunculiasis, better known as guinea worm. the parasite grows up to three feet and lives just below the skin, often crippling its human host. there are no vaccines or medicines to treat it. the only cure is to slowly, painfully extract it over days. the atlanta-based carter center has trained thousands of field workers and volunteers. it's been a grassroots effort to spread the word on how guinea worm is transmitted and distribute simple tools to prevent it: a personal filter that's used like a drinking straw or a specially treated cloth, which can keep the

parasite out of water people gather from ponds like these. it's in ponds where the worms life cycle begins and gets renewed. human beings consume the water that contains the worm larvae. the larvae grow in the body, takes them about a year to become mature in a worm that grows to about a meter in length and when it's ready to emerge it causes painful blisters, often on peoples feet and ankles and in order to seek relief from that pain and burning the human sufferer immerses his or her feet in this same pond and that's the opportunity for the worm to release larvae again, starting the cycle all over again. how did this campaign succeed in breaking that disease cycle in so many places? how did it succeed where so many aid projects have struggled in developing countries? don hopkins, the physician and epidemiologist in charge credits former president carter's personal involvement, the key to

raising some $225 million for the cause. but more critically at the community level, hopkins says the approach has been respectful and collaborative. >> people are very, very astute at picking up condescension and unfortunately there's a lot of that, especially with westerners coming into the countries. i think you have to approach people with the idea that were we're here to help you. and no, we don't have all the answers. you know your own community far better than we ever will, but here's this information, use it to help yourself get rid of this disease, not i'm coming from wherever, with whatever degrees and stuff, and we've got the answers. >> reporter: former president carter says local beliefs were respected and incorporated into the campaign. for example some communities-- unaware of how the parasite is transmitted-- didn't like the idea of spraying ponds with chemicals to kill the guinea

worm larvae. >> in fact their ponds of water were looked upon as sacred. if that rain-filled pond hadn't been there, they wouldn't have existed. they wouldn't be alive. of course, we said that the pond was in fact sacred, but there was a curse on that pond. and if they would just help us remove those guinea worm eggs from their pond or from that drink of water that they took out of that pond, then that curse could be removed from their pond and their village forever. so we had you might say a philosophical but also a theological explanation to make. >> reporter: eradication efforts have been so successful, it's now down to the surveillance and dogged pursuit of the last few cases, making sure they're treated before they can spread the disease. on this day, field worker simon taban set off to treat a patient named garbino kenyi.

at his thatched home garbino's wife said that he had gone to the regional market town of terekeka several miles away, hoping to sell his goats. taban worried that on his long walk to town, her husband who had a worm emerging from his right leg might stop to take a drink and a dip to ease the pain he likely was feeling. so a hunt began in the town and in the market. taban asked people who might know his patient, asked after a man who should have had a bandage on his foot, though he worried because a previous patient had taken his dressing off. >> he never wanted to move with a bandage on his leg. because you know, he said he looked awkward with a bandage on his leg. >> reporter: half an hour later, a lucky break: a mutual friend in the market has seen garbino by the river. not only did they find him but the bandage was still on him. they negotiated. taban wanted to bring his patient back for treatment. but garbino could not leave his goats, which had not sold.

they wound up on the roof of the vehicle that brought our t.v. crew. back at the health center, gambino's leg was placed in a bucket of water. it's called a controlled immersion, cooling the skin blister, allowing the worm to release larvae, which can be thrown away. it would take several days before the parasite could be extracted from his leg. "it felt like pins piercing from all directions," the stoic patient said. did he try to put his leg in any cold water to stop it from hurting, as he walked to town? >> ( translated ): no, i asked some kids near a pond to get me some water to drink. i used my filter straw to drink it and poured the rest of it on the wound. >> reporter: that kind of patient awareness and behavior is music to the ears of field workers. and with their success dealing with guinea worm, former president carter said communities can now take on other challenges.

when guinea worm is prevalent, the mothers and fathers can't go in field to work, the children can't even hope to attend school and so there's a dramatic reduction in the overall health of a community, not only in physical health but also in economic health. so guinea worm is a key. >> you think this will be the last area that has guinea worm? >> reporter: now 85, jimmy carter may well outlive guinea worm, which would be the first disease since small pox in the 1970s to be eradicated. >> brown: fred's report is part of our collaboration with "national geographic" and the "pulitzer center on crisis reporting". >> lehrer: again, the major developments of the day: rescuers in west virginia drilled ventilation holes into a coal mine where an explosion killed 25 miners on monday. the state's governor said there's still a "sliver of hope" that four other miners remain alive. opposition leaders in kyrgzystan claimed police shot and killed 100 protesters in the capital

and they claimed to have ousted the government. the country is home to a u.s. air base supporting operations in afghanistan. and an afghan government spokesman insisted president hamid karzai is committed to fighting terror. he denied karzai had threatened to join the taliban unless the u.s. and others stop pressing him for reforms. the "newshour" is always online. kwame holman, in our newsroom, previews what's there. kwame? >> holman: on our story about guinea worm, fred has a blog post about his reporting trip. we have a q and a with john merrow on the next steps for the new contract for washington, d.c. teachers. on kyrgyzstan, we interview a globalpost reporter about the root causes of the unrest and the potential impact on the u.s. military base there. plus on "art beat," actor and comedian harry shearer talks about the video project he calls "non-talking heads" capturing tv journalists and others in the silent moments before the camera

goes on. all that and more is on our web site, newshour.pbs.org. jeff? >> brown: and that's the "newshour" for tonight. i'm jeffrey brown. >> lehrer: and i'm jim lehrer. we'll see you on-line and again here tomorrow evening. thank you and good night. major funding for the pbs newshour has been provided by: >> what the world needs now is energy. the energy to get the economy humming again. the energy to tackle challenges like climate change. what if that energy came from an energy company? everyday, chevron invests in people, in ideas-- seeking, teaching, building. fueling growth around the world to move us all ahead. this is the power of human energy. chevron.

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