Broadcasters and activists, poised to battle on ownership rules, agree it will take a year and possibly 2 for anticipated FCC changes in media caps to take effect. Last week’s Commission vote to open a long-awaited rulemaking on cross ownership, TV and radio station limits and duopoly restrictions (CD June 22 p11) will take at least a year to complete, said 5 broadcast executives, lawyers and activists we surveyed. Ownership tweaks will likely be delayed another 6-12 months by court appeals that they said are all but certain.
The FCC shouldn’t transfer 6 radio licenses to Armada Media because a shareholder was charged with fraud, said Media Access Project Pres. Andrew Schwartzman. The Commission should “defer action on the applications” until 7 felony counts against Nicholas Hurtgen are resolved, Schwartzman wrote Media Bureau Chief Donna Gregg: “The mere possibility that an applicant not presently licensed by the Commission… will be convicted of multiple felonies surely raises substantial and material questions.” Aberdeen Radio agreed to sell Aberdeen, S.D., stations including KSDN(FM), KGIM(FM) to Armada.
FCC Chmn. Martin won approval for a media ownership cap review, but caught flak from FCC Democrats because the inquiry, while wide-ranging, insufficiently addresses local broadcast obligations. In a concession to Comrs. Adelstein and Copps (CD June 21 p2), the ownership docket will include a summary of filings from a 2003 localism notice of inquiry. Even so, the 2 partially dissented.
FCC Chmn. Martin’s quest for a multicast must-carry order drew a death blow Sun. when new FCC Comr. McDowell balked at imposing the rules due to constitutional and other concerns, said sources. With no chance in 2006 for Hill action to make cable operators carry all broadcast digital channels, industry executives termed the issue dead for the foreseeable future. McDowell and his aides didn’t comment.
The FCC should seek public comment before acting on a media ownership rulemaking set for a Wed. vote (CD June 8 p13), said the American Federation of TV & Radio Artists (AFTRA). AFTRA said members, who include actors, disc jockeys and broadcast reporters, are “contacting the FCC to let them know that the public needs to be heard before any new ownership rules are enacted.” Media activists want the Commission to seek comment on individual rules, instead of only soliciting input on a broad slate of mandates remanded to the FCC by U.S. Appeals Court, Philadelphia, as Chmn. Martin has proposed. “If the Commission does not put specific proposals out for comment, it runs the risk of alienating the Court of Appeals, which roundly criticized the Powell FCC for such a failure,” said Media Access Project Pres. Andrew Schwartzman: “We'd like to be able to comment on specific proposals.” Benton Foundation Pres. Gloria Tristani agreed: “We certainly hope that the notice has provisions that provide for sufficient time for the public and interested parties to comment.” - JM
FCC Chmn. Martin’s broad media ownership proposal doesn’t address cable ownership limits remanded to the Commission in 2001 by U.S. Appeals Court, D.C., said industry sources. The item moving on the 8th floor (CD June 1 p2) likely addresses broadcast rules, including lifting a ban on newspaper and TV station cross-ownership and boosting the number of markets where a firm can own multiple stations, they said. Broadcast rules including cross ownership were sent back to the FCC by U.S. Appeals Court, Philadelphia, in 2004.
Growth of wireless broadband service could be stymied by the proposed AT&T-BellSouth merger, opponents said in FCC filings late Mon. and at a news conference Tues. In what appeared to be a growing issue, merger opponents urged the FCC to require AT&T and BellSouth to divest their 2.3 GHz and 2.5 GHz spectrum so the proposed merger won’t hurt the development of a 3rd broadband alternative.
Recent movement of pro net-neutrality language on the Hill shows what happens when policymakers “really get to think about it” without being pushed by carriers, said Public Knowledge Pres. Gigi Sohn, speaking at a press conference of the bills’ proponents on the eve of several key hearings this week. Speakers said preserving neutrality rules is extending current practice, not imposing undue regulation.
Recent movement of pro net-neutrality language on the Hill shows what happens when policymakers “really get to think about it” without being pushed by carriers, said Public Knowledge Pres. Gigi Sohn, speaking at a press conference of the bills’ proponents on the eve of several key hearings this week. Speakers said preserving neutrality rules is extending current practice, not imposing undue regulation.
The Senate late Thurs. unanimously passed an indecency bill (S-193) that would raise maximum fines on broadcasters from $32,500 to $325,000. The bill has been sent to the House where it will either go to conference with a measure that the House passed (HR-310) last year or be put to a vote, said a spokeswoman for Senate Majority Leader Frist (R-Tenn).