The FCC’s context-based ruling Wed. on Janet Jackson’s Super Bowl performance (CD Sept 23 p3) raised First Amendment concerns, which are likely to end up being battled out in the courts, attorneys said. “The Commission clearly has tried hard to come up with a positive smile,” said Media Access Project Pres. Andrew Schwartzman: “But it’s almost impossible to do this ruling without getting into First Amendment issues.”
NAB’s Advisory Committee on Responsible Programming met Mon. to outline ideas on policing the airwaves for indecent content without FCC intervention. The committee was formed in March (CD April 1 p5) and has created 5 subcommittees to handle various issues, an NAB spokesman said. The subcommittees cover the First Amendment, audience communications, improving the V-chip, best practices, and a code of conduct or statement of principles. The overall committee is co-chaired by Gary Chapman of LIN TV and David Kennedy of Susquehanna Radio. Details of the closed-door meeting were scarce. Parents TV Council, Media Access Project and Morality and Media gave presentations, the spokesman said. “I have no hint on what they have in mind on what I said,” said Andrew Schwartzman, pres. of Media Access. The advisory committee is scheduled to meet again Nov. 30 to draft working proposals on responsible programming, the spokesman said.
The FCC has a better chance of getting the U.S. Supreme Court to hear the Brand X cable modem appeal because the U.S. Solicitor Gen. joined the Commission’s appeal, several attorneys told us. Last week, the DoJ joined the FCC in an appeal of the 9th U.S. Appeals Court, San Francisco, 3-judge panel ruling striking down the FCC’s decision that cable modems should be classified as an information and not a telecom service. “I think the fact that you have essentially the U.S. government taking on this issue bears some significant,” said attorney Frank Jazzo.
The FCC has a better chance of getting the U.S. Supreme Court to hear the Brand X cable modem appeal because the U.S. Solicitor Gen. joined the Commission’s appeal, several attorneys told us. Last week, the DoJ joined the FCC in an appeal of the U.S. Appeals Court, San Francisco, 3-judge panel ruling (CD Oct 7/03 p1) striking down the FCC’s decision that cable modems should be classified as an information and not a telecom service. “I think the fact that you have essentially the U.S. government taking on this issue bears some significance,” said attorney Frank Jazzo.
The full FCC ruled Mon. Will & Grace and Buffy the Vampire Slayer episodes that contained sexual material didn’t violate the Commission’s decency rules. The programs aired at times children would likely be watching.
The FCC petitioned the 3rd U.S. Appeals Court, Philadelphia, for a rehearing late Fri. on the media-ownership decision. In June, the court remanded FCC’s major rules for cross-ownership of newspapers and broadcasters and the concentration of broadcast ownership in local markets (CD June 25 p1). The FCC filed the petition to push back the deadline for certiorari, under which the FCC can try to take its case to the Supreme Court, until after the presidential election, said Media Access Project Pres. Andrew Schwartzman.
After the 3rd U.S. Appeals Court, Philadelphia, remanded major FCC broadcast ownership rules (CD June 25 p1), largely based on a “flawed” logic of the diversity index, Comrs. Adelstein and Copps urged the commission to seek public comment on new rules. “We failed to seek comment on the diversity index methodology last time in a rush to judgement. Let’s get something out to start a dialogue about the index,” Adelstein told us. Said Copps: “It would be a great mistake to drag our feet or rehash old arguments.”
Judges of the 3rd U.S. Appeals Court, Philadelphia, Thurs. remanded FCC’s major rules for cross-ownership of newspapers and broadcast stations and the concentration of broadcast ownership in local markets. The court said the FCC should fix flaws in its diversity index, which it used to determine the new local cross-ownership rules.
The 3rd U.S. Appeals Court decision on FCC’s media ownership rules could happen “any day now,” said Media Access Project Pres. Andrew Schwartzman, speaking at Cato Institute lunch on media ownership. He predicted a decision from the Philadelphia court no later than June 30, but said “it was very hard to tell” what the court would decide. “It may have to go back to the FCC. They could affirm in its entirety. Only time will tell,” he said. On Feb. 11 the judges questioned the FCC on its diversity index for local cross- ownership and asked the Commission how the court should proceed on challenges to the UHF discount rules during 9 hours of oral arguments (CD Feb. 12 p8). It’s been nearly a year since the FCC relaxed its rules on media ownership.
With Comcast CEO Brian Roberts making no secret of his ambitions for further acquisitions, consumer advocates are concerned that the biggest U.S. cable operator could become too big. But there’s no clear answer to the question: How big is too big? The U.S. Appeals Court, D.C., in Time Warner v. FCC, found in 2001 that the FCC wasn’t justified in establishing the old 30% horizontal ownership cap and remanded the case to the agency. The FCC has been examining the issue since then but has come to no conclusions.