FCC Rules in Question

THE RULES IN QUESTION

Altering the rules of media ownership is currently part of the Federal Communications Commission's Strategic Goals program (http://www.fcc.gov/ownership/). Review of the rules was prompted in part by a ruling by the U.S. Court of Appeals for the Washington, D.C. Circuit which stated, in part, that the FCC must show "empirical evidence" that the rules are necessary, or they must be revoked. Additionally a lawsuit by several major networks has brought the rules into legal question again and Congress itself has mandated that the rules be reviewed every two years.

The FCC had begun review of two ownership rules in 2001, the Broadcast-Newspaper Cross-Ownership Rule and the Local Radio Ownership Rule. Now six rules are being reevaluated.

*Broadcast-Newspaper Cross-Ownership Prohibition (1975) Bans ownership of both a newspaper and a television station in the same market.

*National Television Ownership Rule (1941) A broadcaster cannot own television stations that reach more than 35% of the nation's homes.

*Dual Network Rule (1946) - No entity can own more than one major television network.

*Local Television Ownership Rule (1964) - A broadcaster can't own more than one of the top four stations in a single market.

*Local Radio Ownership Rule (1941) - Limits the number of radio stations any one entity can own in a single market.

*Television-Radio Cross-Ownership Rule (1970) - Limits the number of TV and radio stations a single entity can own in any given market.
**There are currently exceptions to these rules, decisions made on a case-by-case basis.


THE DECISION PROCESS

The FCC will decide whether the rules are to be eliminated or modified by late June, according to FCC Chairman Michael Powell. The media ownership plan must be approved by a majority vote among the five commissioners, three of whom are Republicans (Commissioner Kathleen Abernathy, Commissioner Kevin Martin, and Chairman Michael Powell) and two of whom are Democrats (Commissioner Jonathan Adelstein and Commissioner Michael Copps).

To inform their decision, the FCC commissioned empirical studies of the current media marketplace. Other organizations, like the Project for Excellence in Journalism (PEJ) have done studies on the issue as well. On February 17, 2003 the PEJ released a five-year study on consolidation and quality called "Does Ownership Matter in Local Television News?" (http://journalism.org/resources/research/reports/ownership/default.asp)

As the dealine nears, the pressure mounts on the commissioners. On March 19, 2003 Senator Wayne Allard (R-CO), Senator Susan Collins (R-ME), and Senator Olympia Snowe (R-ME) wrote a letter to Chairman Powell calling for a broader public debate in the FCC's media ownership review. (Read the full letter http://www.consumersunion.org/images/0319SenateToPowell.jpg.) On April 1, 2003 six lawmakers wrote to FCC Chairman Michael Powell to urge him to adhere to his time schedule, which promises a final decision on the ownership rules by June 2, 2003. (Read the full letter. http://www.pbs.org/now/politics/fccletter.pdf) Also, questions about the quality of war coverage have led the additional discussions in the press about the pros and cons of further consolidation. See the NEW YORK TIMES," "War Puts Radio Giant on the Defensive" (http://www.nytimes.com/auth/login?URI=http://www.nytimes.com/2003/03/31/business/media/31RADI.html) and THE BALTIMORE SUN, "War coverage could alter U.S. media policy." (http://www.sunspot.net/)

Reprinted from www.pbs.org/now

See Bill Moyers on media consolidation @ http://www.pbs.org/now/transcript/transcript_bmjfcc.html