The Supreme Court vacated an appeals court’s indecency remand (CD July 22 p1) of the FCC’s $550,000 fine against CBS for showing Janet Jackson’s nipple for a split-second during the 2004 Super Bowl halftime show. A Monday order remanded the case, FCC v. CBS, to the 3rd U.S. Circuit Court of Appeals in Philadelphia “in light” of last week’s Supreme Court decision in another indecency case. In that case, the high court found that the commission wasn’t wrong to censure Fox for fleeting obscenities. Broadcast lawyers had expected the court to vacate the case after the ruling on FCC v. Fox. “It’s by no means clear that the Supreme Court’s decision here will control the Janet Jackson case,” said Media Access Project President Andrew Schwartzman. But the outcome “unquestionably gives the FCC another chance,” said Schwartzman, who represented the Center for Creative Voices in Media, which sided with CBS in the case. CBS is “confident that in reviewing the case the Third Circuit will again recognize that the Super Bowl incident, while inappropriate and regrettable, was not and could not have been anticipated” by the broadcast network, said a spokeswoman. “This remains an important issue for the entire broadcasting industry because it recognizes that there are rare instances, particularly during live programming, when despite best efforts it may not be possible to block unfortunate fleeting material.” The FCC had no comment.
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The FCC’s decision to start censuring the airing of a single curse word didn’t violate the Administrative Procedure Act as broadcasters contended and as the 2nd U.S. Court of Appeals in New York ruled, said a split Supreme Court decision Tuesday. The majority opinion remanded the case to the 2nd Circuit and was written by Justice Antonin Scalia. It was a narrow ruling on procedural grounds -- as expected (CD Nov 5 p4) -- but communication lawyers said it may pave the way for the 2nd Circuit to consider constitutional questions. Until the case is decided and further appeals exhausted, the FCC may lack constitutional guidance on indecency rules, they said.
Tribune’s plan for a merger involving two Connecticut TV stations and a daily newspaper that it owns (CD March 31 p8) drew fire from the state’s attorney general as possibly violating FCC rules. But the commission seems to have little basis for investigating because the stations, WTIC-TV Hartford and WTTX Waterbury, have no license renewals pending, FCC and industry officials said.
The FCC withdrew a recent request that an appeals court go ahead with deciding challenges to an order loosening some restrictions on when a company can own a daily newspaper and a broadcast station in a city (CD Dec 19/07 p1). In a notice of withdrawal of opposition filed Thursday with the 3rd U.S. Circuit Court of Appals in Philadelphia, the commission reversed the position of its previous leadership. Commissioner Robert McDowell wrote the court Friday to say he “respectfully disagreed” with last week’s filing and still supports the FCC’s January request for the case to go forward.
Michael Copps said he wants to whittle down a backlog of long-pending items at the FCC while he’s acting chairman. The separation of Time Warner Cable from its parent in a multibillion dollar deal may be among the first items acted on, said agency and industry officials. It’s been awaiting FCC approval for over seven months.
The FCC may get back into a few matters besides the DTV transition if Congress delays the analog cutoff from February, commission officials said Friday. But it’s unclear what else the FCC may take up. Acting Chairman Michael Copps was sworn in at a small, private ceremony at the commission late Thursday. Copps believes that “the FCC has three priorities in the weeks ahead: DTV, DTV and DTV,” he said in a written statement Friday.
The Media Access Project is reorganizing. Longtime CEO Andrew Schwartzman is moving to the position of legal and policy director, concentrating entirely on those matters. He said he asked the group’s board to begin searching for a new CEO. The change comes as longtime Senior Vice President Harold Feld prepares to leave at the end of January. Feld has a new book contract with Ig Publishing and will emphasize writing on public interest issues, though he will consult for the MAP and others. Associate Director Parul Desai will get additional responsibilities, Schwartzman said. “The coming of a new Administration enables MAP to go on the offensive for the first time in eight years,” and the reorganization is intended to help it take advantage of the new political climate.
The Media Access Project is reorganizing. Longtime CEO Andrew Schwartzman is moving to the position of legal and policy director, concentrating entirely on those matters. He said he asked the group’s board to begin searching for a new CEO. The change comes as longtime Senior Vice President Harold Feld prepares to leave at the end of January. Feld has a new book contract with Ig Publishing and will emphasize writing on public interest issues, though he will consult for the MAP and others. Associate Director Parul Desai will get additional responsibilities, Schwartzman said. “The coming of a new Administration enables MAP to go on the offensive for the first time in eight years,” and the reorganization is intended to help it take advantage of the new political climate.
Challenges to a 2008 FCC media ownership order were shuffled from the 9th U.S. Court of Appeals in San Francisco to the 3rd U.S. Court of Appeals in Philadelphia. A Tuesday order in Media Alliance vs. FCC by 9th Circuit Judges Ronald Gould, Richard Tallman and Stephen Trott granted a motion to transfer the cases to the Philadelphia court. They denied broadcaster motions to transfer the cases to the U.S. Court of Appeals for the D.C. Circuit. That won’t end “procedural wrangling” over which court should hear challenges to FCC lifting of some restrictions on owning a newspaper and radio or TV station in the same city, said Media Access Project President Andrew Schwartzman, a party in one of the cases. The Philadelphia court in 2004 remanded the FCC’s most recent media ownership rule change and will hear challenges to the new rule, as public interest groups want, said Schwartzman, representing Prometheus Radio Project.
Democrats solidified House and Senate majorities, with some election results still being counted Wednesday. Some experienced telecom lawmakers lost, but potential new players were elected. House Oversight Committee Chairman Henry Waxman, D-Calif., meanwhile, ignited a firestorm on the Hill Wednesday by angling to replace Rep. John Dingell, D-Mich., as Commerce Committee chairman, a perch the Michigan Democrat had thought safe. Telecom industry officials are warily watching the move by Waxman, considered more liberal than Dingell.