MINOW, GELLER SEEK EXPEDITED FCC RULEMAKING ON FREE TIME
Citing an alleged “public service deficiency” in broadcasters’ coverage of political candidates, ex-FCC Chmn. Newton Minow and former NTIA Dir. Henry Geller Wed. asked the FCC to launch an “expedited” rulemaking to require free time this fall for candidates in campaigns for local and regional offices. Their proposal would require TV and radio stations to provide 20 min. per day free to candidates, in 5 min. segments, starting 30 days before general elections.
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Separately, 9 public interest groups hand delivered a much more stringent free time request (up to 3 hours per week, including on a TV station’s multicasting channels) Wed. afternoon to all 5 commissioners and the Mass Media Bureau. The groups include the Media Access Project (MAP), United Church of Christ, Benton Foundation, Common Cause and the Center for Digital Democracy.
The Minow-Geller petition charged there have been “marked failures” in the past by broadcasters in fulfilling their public interest obligations to adequately inform the electorate on local and regional races -- including many congressional contests. They said “the allocation scheme for broadcasting strongly militates for a [free time] requirement… in significant local races which otherwise would not receive coverage.” The Communications Act and political broadcasting rules “make clear [that] the broadcaster must focus” on 2 areas of programming -- political broadcasting and educational and informational for children -- according to the petition by the 2 elder statesmen of communications policy.
Broadcasters can’t rely on their news coverage alone to fulfill their obligation, the Minow-Geller petition said: “There must also be the uncensored use of [a] station’s facilities… In short, there must be, to some reasonable extent, the candidate’s use of broadcasting as an electronic speaking platform or soapbox.” This means, they said, that broadcasters “cannot sit back and rake in the millions and millions spent by the major party Presidential, senatorial or gubernatorial candidates for commercials… Putting profits second and public service first can and should be required [of broadcasters] to make a reasonable contribution to an informed local electorate.”
Citing previous federal court decisions (including Red Lion and CBS vs. Democratic National Committee), Minow-Geller argued the Commission “clearly has the authority” to require a minimal amount of free political time. And, they said, their proposal for 20 min. a day (5 min. of which must be in prime time for TV and at least 6 min. in drive time for radio) would not be “burdensome or disruptive” to stations.
In asking for an expedited proceeding, Minow-Geller said “the most salient fact” is that there are just a few months before the fall general election campaigns and “the public interest in an informed electorate calls for speedy promulgation of the proposal here advanced… and compels the requested expedited treatment.”
The NAB -- strident opponent of any and all previous requests for mandatory free time -- had no official comment on Wed.’s filings at the FCC, but an Assn. official pointed to the language of a 1994 Supreme Court decision (Turner Bcstg. vs FCC): “The FCC… is barred by the First Amendment… from interfering with the free exercise of journalistic judgment. In particular, the FCC’s oversight responsibilities do not grant it the power to ordain any particular type of programming that must be offered by broadcast stations.”
On the other side of the issue, MAP Chmn. Andrew Schwartzman told us: “Newton Minow and Henry Geller [gen. counsel of the FCC in 1961-1963 under Minow’s administration] cannot be dismissed as long-haired Naderites. They are 2 of the most distinguished constitutional scholars of their generation.” As for the public interest filing (above), Schwartzman said MAP was just “a bit player” in it.