The FCC hasn’t released an unpublished radio study under Congressional scrutiny despite telling a media activist it would publicize it, lawyer Andrew Schwartzman said: “We have been told to expect it soon for weeks, and we are running out of patience.” Sens. Dorgan (D-N.D.), Lott (R-Miss.), Snowe (R-Me.) and 5 colleagues asked FCC Chmn. Martin to report to Congress on the status of the $350,000 radio localism study (CD Dec 6 p11). Georgetown U.’s Institute for Public Representation successfully made a Freedom of Information Act (FOIA) request for unpublished FCC media ownership studies, including that report. The group wanted to get the radio study before a Dec. 21 reply comment deadline in the Commission’s media ownership proceeding, said Schwartzman, who represents the group: “We are told there are a substantial number of documents in response to this request… We think there are additional, unpublished studies.” The radio study might not have been made available immediately because data collection wasn’t completed when the FOIA request was made, said an FCC source. - JM
Clear Channel might have to sell off about 20 larger market stations to gain regulatory approval for its proposed leverage buyout, a person involved with station deals said. Some Clear Channel station clusters exceed FCC ownership limits set in 2003 but operate under a grandfather clause. Grandfathered status won’t transfer to the company’s new owners without waivers or a clever legal argument, the person said: “It’s difficult to imagine a scenario under which the FCC would grant a waiver.” Some brokers disagreed, saying the company can make a convincing argument. The company last month agreed to a $26.7 billion deal with Thomas Lee and Bain Capital and put up 448 small market stations for sale (CD Nov 17 p1).
The FCC’s unveiling of 10 media ownership studies drew fire for being vague on methodology, cost and choice of researchers in what Comr. Adelstein said he fears will be hurried research. A Wed. public notice listed studies the Commission will underwrite on independently produced TV, minority roles in industry, local news, station-newspaper cross ownership, radio programming and other topics. The announcement raises “more questions… than it answers,” said Adelstein and Comr. Copps in separate comments. Two professors hired to run some of the studies refused to say what the FCC is paying them.
The FCC didn’t properly notify CBS it was broadening its interpretation of indecency rules before levying a fine of $550,000 for airing a split-sec. shot of Janet Jackson’s breast during the 2004 Super Bowl, the network’s court filing said: “The Commission’s stated policy was, as it had been for the previous three decades, to excuse the broadcast of isolated and fleeting material that might otherwise be deemed indecent… The Commission’s decision to apply that new policy in this case was done without notice.” CBS said the agency’s actions were inconsistent because the FCC chose not to fine Fox and NBC for other brief instances of indecent content that also occurred before March 2004. The FCC said in March 2004 musician Bono’s “fucking brilliant” utterance on the Golden Globe Awards was indecent. “Because the Super Bowl also preceded Golden Globes Awards and likewise involved a ‘fleeting’ and ‘unintentional’ transmission, due process requires the Commission to employ the operative standard at the time of broadcast,” CBS said late Mon. (CD Nov 21 p9) in a brief to 3rd U.S. Appeals Court, Philadelphia, in CBS v. FCC. Janet Jackson’s breast-baring was indecent, despite what CBS claims, the FCC responded: “We continue to believe they are wrong.” CBS, Fox and NBC are among the broadcasters expected to file briefs by Wed. in the Fox v. FCC indecency case before 2nd U.S. Appeals Court, N.Y., said a lawyer in the case. The filings must be mailed to the N.Y. court by day’s end, said Media Access Project Pres. Andrew Schwartzman, representing Center for Creative Voices. CBS will file comments in the case as an intervener because the FCC rescinded a finding that the use of the word “bullshitter” by a guest on its Early Show was indecent, said a spokeswoman. ABC won’t participate in oral arguments, Seth Waxman said on behalf of the network in a filing with the N.Y. court. The court should suspend ABC’s appeal of an initial Commission decision labeling parts of NYPD Blue indecent, he said. He said ABC’s appeal should be “held in abeyance” until the FCC completes its about-face, declaring the show not indecent.
Clear Channel’s $26.7 billion sale might not be subject to a vote by Commissioners if no ownership waivers are involved, said FCC and industry officials. The company likely hasn’t gotten waivers from Commission ownership rules because it hasn’t made any large acquisitions in recent years, said broadcast lawyers. The Media Bureau has authority to approve radio and TV station license transfers without full Commission vote when multiple station ownership limits aren’t exceeded, said agency officials. Commissioners typically vote on deals involving waivers, they said. A Clear Channel official wouldn’t say if the company has waivers, but industry lawyers said there don’t seem to be any. Even if Clear Channel has no waivers, the FCC may take time to review the sale. Minority groups said they may seek asset divestitures in markets where Clear Channel exceeds FCC ownership limits.
The Commission rescinded 2 of 4 indecency orders that were part of Fox vs. FCC and found expletives on the remaining shows were still profane. The agency upheld a previous finding (CD March 17 p1) that the 2002 and 2003 Fox Billboard Music Awards contained indecent material because they contained “fuck” or derivations. That finding sets the stage for a response to the 2nd U.S. Appeals Court, N.Y., from Fox that attacks the precedent set in 2004 by a separate indecency order on The Golden Globe Awards, said lawyers in the case. Comr. Adelstein slammed the Commission for not clarifying that precedent in his partial dissent of the order, released late Mon.
Critics of the AT&T-BellSouth merger warned the FCC Tues. that conditions proposed by AT&T aren’t enough to protect consumers and competitors. Competitors, special interest groups and others responding to the FCC’s call for comments on the AT&T proposals said the company’s suggestions aren’t bad but must be beefed up -- for example by adding a stronger net neutrality requirement.
Critics of the AT&T-BellSouth merger warned the FCC Tues. that conditions proposed by AT&T aren’t enough to protect consumers and competitors. Competitors, special interest groups and others responding to the FCC’s call for comments on the AT&T proposals said the company’s suggestions aren’t bad but must be beefed up -- for example by adding a stronger net neutrality requirement or putting in performance metrics and pricing guidelines for special access.
The FCC will soon unveil more unpublished broadcast ownership documents, media activists told us late Fri. The Commission granted a Freedom of Information Act request for the information on local radio content made by Georgetown U.’s Institute for Public Representation, said Prof. Angela Campbell, who made the inquiry Aug. 10: “They are going to make the information available to us… We have not received anything from them yet.” Lawmakers and the public will get the data simultaneously with its disclosure to Campbell’s group, said Media Access Project Pres. Andrew Schwartzman. “Obviously there is interest broader than just us,” he said: “It smells like there is a lot” of information, though the Commission hasn’t set a timeframe for disclosing it or described what’s in it. The cost for research has been pegged at more than $300,000 by current and former FCC staffers (CD Sept 20 p1). Chmn. Martin’s office was involved in the decision to release the documents, we're told. An FCC official declined comment. - JM
Conditions proposed by AT&T and BellSouth in a bid for FCC merger approval got a mixed review Mon., now that parties have had time to study the late-filed FCC public notice (CD Oct 16 p1). The agency late Fri. decided not to vote on the merger so public comment could be solicited on the proposed conditions. The FCC called for comments by Oct. 24 on an AT&T list of proposed conditions that was submitted as an ex parte filing.