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‘In on the Ground Floor’

Minority Media Groups Eye Ambitious Legislative Goals for 2013

Legislative experts said minority media groups will have opportunities to advance their legislative and regulatory priorities in 2013, during a panel Wednesday hosted by the National Association of Black Owned Broadcasters. Tim Johnson, legislative director for Rep. Bobby Rush, D-Ill., said next year he expects lawmakers to be active on the issues of video regulation, privacy and cybersecurity. “The business models of video providers suggest you will see a lot of evolution in the business of how video gets transmitted and who pays for it,” Johnson said.

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House Communications Subcommittee Chairman Greg Walden, R-Ore., has stated that he plans hearings on the future of data and the FCC’s broadcast spectrum incentive auction, said Johnson. Since those hearings didn’t happen before the House recessed, the hearings could happen in the lame-duck session after the elections, Johnson said. But Johnson said he believes Walden will delay an auction hearing until 2013 unless the Democrats were to gain control of the House. A committee spokeswoman had no comment.

Broadcast lawyer Charles Naftalin of Holland and Knight outlined seven major media policy items that he said Washington could focus on in the next year. They are: A relaxation of media ownership rules, a potential legislative rewrite of the 1996 Telecom Act, FCC action on indecency cases, a debate on radio royalties, possible new requirements for radio stations to post online public inspection files that now are in studios on paper, enforcement of Internet Protocol closed captioning rules and greater focus on the broadcast spectrum incentive auction. Though Congress is interested in taking another look at the Telecom Act, such an effort is “most certainly on hold until 2013,” said Naftalin. He said that with the introduction of Internet radio bills this fall by Sen. Ron Wyden, D-Ore., and Jason Chaffetz, R-Utah, he expects the debate on radio royalties “will come back” in 2013. Naftalin expects the FCC’s coming broadcast incentive auction will be a “huge mess,” he said. “The digital TV transition was a mouse compared to the rhino of spectrum auctions."

Former FCC Commissioner Michael Copps sees the quest for increased minority media ownership and representation the “civil rights priority of today,” he said. “It is key to opening the door to opportunity, jobs and education and rescuing America from many of the nation-threatening challenges that it faces right now. And it’s key to reaching the American dream for all American citizens,” he said. “These are not issues to push under the rug until after the election has passed.” Copps said the U.S. will not have true programming diversity until it builds more diversity into who owns and operates the nation’s media outlets. “Ownership matters big time -- it makes a world of difference in terms of what news is covered and what issues are teed up for national dialog,” he said. “And I'm not just talking about the traditional media of television and radio. I'm worried about the new world of broadband and Internet. Ownership and management statistics of these new media companies surely aren’t setting any civil rights or equal opportunity records, are they?”

Minority Media and Telecommunications Council President David Honig said not much has happened to improve diversity in the media market over the last several years. Many Hispanic and African American-owned broadcast groups have gone bankrupt, and there are at least 71 pending minority ownership proposals before the FCC, he said. “This isn’t an indictment of the current administration,” he said: “The previous one was less effective.” The time for ideas like the media incubator proposal has come, said Honig. The proposal has been at the FCC for 22 years with almost no opposition, he said. “There can be nothing that sits at the commission forever.” Honig said that if Congress does tackle telecom reform in 2013, minority media groups will “be sure to get in on the ground floor so it can be 1,000 times better” than the 1996 Act. With respect to a broadcast incentive auction, Honig said he wants to see the FCC move quickly and ensure that it is fair to minority broadcasters.