FCC Says “Play It Again, Sam” on Media Consolidation?
The Right of Way, July 2006 | Original Article Link
 

Three years ago almost three million ordinary citizens disturbed the composure of Michael Powell —then Chairman of the Federal Communications Commission—and some of the other commissioners when they wrote, called and attended public meetings protesting the relaxation of media ownership limit rules that already allowed corporations like Clear Channel Communications to own hundreds of radio and TV stations across the U.S. The fuss just wouldn’t die down: Congress stepped in; lawsuits were filed by multiple citizens groups including Prometheus Radio and even media corporations including ABC and NBC; and finally in 2004 the U.S. Court of Appeals of the Third Circuit ruled in Prometheus v. FCC that the FCC would have to rewrite parts of the regulations that it had released in its 2002 Biennial Review Order and adopted in 2003.

Some of the FCC’s 2003 rules were deemed acceptable to the appeals court and some were returned to the FCC for rewrite or substantiation. Except for the 2004 override that Congress made to the law, which changed the national limit on TV ownership from 35% to 39% of the national audience, the previous FCC rules remain in effect until the court accepts new ones.

On June 21, 2006, the FCC issued a Further Notice of Proposed Rulemaking (FNPRM) on media ownership limits. Curiously, the FCC does not offer a new version of regulations, but only requests comments on the attempted 2003 rules and promises to spend $200,000 on studies, some of which address the same topics they studied before. “The text of the proposal is vague but its intent is clear: to let a handful of giant media corporations swallow up more local television channels, radio stations and newspapers in a single market,” according to the Stop Big Media Coalition (www.stopbigmedia.com).

The FNPRM comment period is set at 120 days, and includes six public meetings held around the country to give citizens a chance to get up close and interact with commissioners at the grassroots level. We have to be alert, though, because the first hearing in Asheville, NC took place just one week after the FNPRM was released and with no noticeable fanfare. (It appears that citizens who want to attend a public meeting will need to be proactive in initiating or locating one in their region.) Nevertheless, more than 400 people attended the Asheville hearing and spoke for five hours to popular Commissioners Michael Copps and Jonathan Adelstein. The majority of persons spoke in opposition to more media ownership consolidation and in support of more local media outlets.

The FCC is seeking comments in the FNPRM on the following media ownership rules:

• Local Television Ownership Limit
• Local Radio Ownership Limit
• Newspaper Broadcast Cross-ownership Ban
• Radio Television Cross-ownership Limit
• Dual Network Ban
• UHF discount on the National Television Ownership Limit

Comments, utilizing a simple template, can be easily filed at the Stop Big Media website at www.stopbigmedia.com/comment.php.

It is anticipated that the current ban on newspaper-broadcast cross-ownership, which prevents companies from owning a television or radio station and the major daily newspaper in the same market area, and the local television ownership caps are the ones targeted. The Local TV Multiple Ownership Rule prevents a company from owning more than one television station in most markets, and two in larger markets with at least eight additional independently owned channels. Further information can be found at the fcc.gov website, including a consumer fact sheet on the current rules, a press release and statements by each of the commissioners on the FNPRM. Commissioner Copp’s comments are particularly enlightening. In the past few months, many of us have spoken out verbally and in print supporting public access television for our city. It is obvious Indianapolis has a strong and media-savvy citizenry with much knowledge and experience in issues associated with communications. I urge you to join with me and invite the FCC to hold a public meeting in Indianapolis so all of us can offer the FCC our ideas on how to improve the diversity and localism of media. Each of us can make a difference if we don’t give up!

Jean Coughlin is a retired Indianapolis IT worker.


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