Martin Draws Fire on Media Rules, with Localism Hearing Date
FCC Chairman Kevin Martin drew more fire from within and outside the agency on his handling of reviews of media rules (CD Oct 25 p1). At particular issue was his decision to give less than a week of public notice on a localism hearing. Late Wednesday, the FCC said its monthly meeting will occur Oct. 31 along with a second and final hearing on how well broadcasters serve their communities. The localism hearing is separate from comprehensive agency review of media ownership rules, slammed Wednesday by senators of both parties. But Martin has pledged to wrap up the FCC’s localism hearing before finishing the media ownership review.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
FCC Democrats bridled at the localism event’s last- minute scheduling. “Tonight’s Public Notice doesn’t bode well for the future of the Commission’s localism and media ownership proceedings,” Commissioners Jonathan Adelstein and Michael Copps said Wednesday in a joint statement. They said they agreed two weeks ago to hold the hearing. “But neither we nor the public received any confirmation that the hearing would occur until tonight -- just five business days before the event. This is unacceptable and unfair to the public. And it makes putting together an expert panel nearly impossible.” An FCC spokeswoman declined to comment.
Most commissioners were caught off guard by Martin’s decision to hold the localism hearing next Wednesday, said two other agency officials. All commissioners agreed weeks ago to be at the Oct. 31 localism hearing. But Martin put off announcing the date while he tried to get colleagues to vote for a public notice setting a Dec. 18 deadline for a vote on the ownership rewrite, FCC officials have said (CD Oct 24 p4). Commission members only got a chance Thursday to suggest witnesses for the hearing, said an agency source. Commissioners usually get more advance notice. The FCC announcement said the hearing will start after the FCC’s 9 a.m. meeting. (See separate story in this issue.) The localism hearing will end at 2 p.m. Previous media hearings have occurred at night, when many people aren’t working and so can attend to testify. The last localism hearing was held June 28 in Portland, Maine, and began at 4 p.m.
Martin is neglecting the public, said a written statement by Free Press. “How can you have a hearing on localism without giving the local community time to find out it is happening?” said Free Press Executive Director Josh Silver. “Chairman Martin’s actions suggest that he’s never been serious about paying attention to the public. He’s already made up his mind, and is hell-bent on gutting the rules.” Media Access Project President Andrew Schwartzman agreed Martin’s timing was poor. “As much as I value the fact that he’s holding the hearing, putting out the notice of an October 31st hearing on the close of business on October 24th is guaranteed to result in a less useful proceeding than one which allowed adequate time for preparation,” he said in an interview.
Some broadcasters just want the FCC to finish its ownership review, begun in June 2006. “The kabuki dance goes on,” said Tribune Vice President Shaun Sheehan. His company wants waivers of FCC newspaper-broadcast cross ownership rules so it can be sold to employees and real estate titan Sam Zell. “The law has been on the books for 11 years,” said Sheehan. “There is a quadrennial review requirement, but for some reason we seem to always need more time.”