12.04.06

Cantwell Asks FCC to Complete Proceeding on Importance of Diverse, Locally-Focused Media

Senator highlights importance of media attention to local needs as FCC continues to consider new media ownership rules

WASHINGTON, DC – Monday, U.S. Senator Maria Cantwell (D-WA) joined a bipartisan coalition of senators in calling on the Federal Communications Commission (FCC) to complete full and independent proceedings on media localism before completing any rewrite of media ownership rules. The localism proceeding seeks to gather information on the importance of locally-owned media that places a priority on serving its local community. In a letter to the FCC, the senators expressed concern regarding comments made by the FCC chairman that the ongoing localism proceeding might be cut short, and asked for a commitment that the proceeding be completed expeditiously. The FCC had committed to the proceeding following the public outcry to new media ownership rules proposed in 2003.

“We have a responsibility to make sure that any new media ownership rules do not discourage media diversity or harm the ability of our media to serve their community and address local community needs,” said Cantwell. “These proceedings on the importance of local media must be completed thoroughly and openly, and must involve the public.”

In June 2003, the FCC issued a set of comprehensive rule changes opposed by Cantwell, which relaxed existing media ownership regulations. Among other things, these new rules would have increased the national reach of broadcast networks and allowed unrestricted cross-ownership of broadcast and print media. Subsequently, action by Congress and a ruling by the U.S. Third Circuit Court of Appeals that remanded several of the rules back to the FCC for further consideration prevented the controversial rules from taking effect.

To quell the initial public outcry, in August 2003, then FCC Chairman Michael Powell created a Localism Task Force and opened a proceeding on localism to gather empirical data and grassroots information on broadcast localism. The FCC planned to use the findings to advise the Commission on concrete steps it could take to promote localism in radio and television broadcasting. The Localism Task force was to conduct six public meetings around the country and allow people to submit comments on local ownership of media. It then was to make its recommendations to the Commission by the fall of 2004.

The localism proceeding was intended to be separate from any general proceedings on new media ownership rules, meaning that following the completion of the localism proceedings, the FCC would respond to the issue of localism specifically. To date, only four of the six public hearings have been held, and the proceedings are not yet complete. Recent comments by current FCC Chairman Kevin Martin indicate he intends to abandon the completion of the localism proceeding, and take the comments collected to date and include them as part of the record in the proceeding on media ownership rules announced this past June. Chairman Martin’s approach would drastically cut back the attention paid by the FCC to localism.

Cantwell has long worked to preserve media diversity and make sure the needs of local communities are not ignored. Last summer, Cantwell wrote the FCC to ask that they hold a hearing in Seattle to discuss proposed new media ownership rules. While no such hearing has yet been announced, two of the FCC’s five commissioners did hold an unofficial hearing Thursday night at the Seattle Public Library. Over four hundred people attended in person, over three hundred watched live on streaming video, and countless others listened live over local radio.

[The text of the senators’ letter to the FCC follows below]

December 4, 2006

The Honorable Kevin J. Martin
Chairman Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Dear Chairman Martin:

We write about the Notice of Inquiry Regarding Broadcaster Service to the Needs and Interests of their Communities (MB Docket No. 04-233), (the localism proceeding), at the Federal Communications Commission (FCC) that some of us have raised before with you. This proceeding was initiated in 2003 by the Commission following its issuance of revised media ownership rules on June 2, 2003. We would like to follow up on some public statements that you have made regarding the direction of the localism proceeding and to specifically seek a commitment that it will be expeditiously completed.

When the localism proceeding was commenced, the FCC created a Localism Task Force, and announced its intent to hold six hearings and to issue recommendations regarding broadcasters’ responsibilities to serve their local communities.

The hearings were not completed, only four of the six were held, and there has been no report or recommendations issued by the Localism Task Force or the FCC. We understand from some public comments that you have made that you intend to gather the comments that were submitted in the localism proceeding and incorporate them into the media ownership inquiry, while going no further with the specific localism proceeding.

This potential course of action would cause us grave concern. The localism proceeding is, and should be, a distinct proceeding, and the hearings should be completed and specific findings and recommendations should be made. Furthermore, no changes should be made to the media ownership rules until the localism proceeding has been completed.

As you know, we were greatly concerned about the new media ownership rules that the FCC issued on June 2, 2003, and the resulting consolidation that they would have allowed. The Third Circuit Court of Appeals shared many of these concerns and as a result the FCC is currently again reviewing how the rules might be revised. This proceeding is of the utmost importance to the American people and stands to greatly affect what they see, hear and read. It is for that reason that we feel strongly that this proceeding must be conducted in a deliberative, informed, and open manner.

A critical component to any changes to the ownership rules is an understanding of the ways in which broadcasters currently are serving their local communities. In any proceeding involving broadcast licenses, the FCC is governed by the guidance contained in the 1934 Communications Act to serve the public interest, convenience and necessity.

The FCC must first establish that there are sufficient mechanisms in place to ensure that broadcasters are serving their local communities before considering any changes to the ownership rules. Folding the comments or any part of the inquiry into the media ownership proceeding simply is not sufficient to thoroughly address the important issues that need to be addressed on localism, and it is precisely for that reason that a separate inquiry was commenced. We ask that you commit to completing the localism inquiry and to providing a report and recommendations through a Notice of Proposed Rulemaking before any steps are taken on revising the ownership rules.

Furthermore, we understand that as part of the localism proceeding a $350,000 study was commissioned regarding localism in radio, and that the data from that study has been submitted to your office for review. We ask that you provide a report on the status of this localism study and make the data available to Congress and the public to ensure transparency and independent review. There have been recently some questions regarding studies that were suppressed at the FCC and if there is a study or data that has been produced as a result of the localism proceeding, it should be made public.

Thank you for your consideration of our concerns and we look forward to a response and continuing dialogue on these issues.

Sincerely,

Byron Dorgan
Maria Cantwell
Trent Lott
Olympia Snowe
Frank Lautenberg
Mark Pryor
Barbara Boxer
Bill Nelson

 
Cc: Commissioner Copps
Commissioner Adelstein
Commissioner Tate
Commissioner McDowell

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