FCC ASKS WIDE-RANGING, REPEATED QUESTIONS ON LOCALISM
The FCC issued a notice of inquiry Thurs. asking a broad range of questions about how broadcasters can better serve their local communities. The FCC said in the notice it would “expeditiously” issue a ruling on the Network Affiliated Stations Alliance’s (NASA) petition, which concerns localism but isn’t part of the notice. Comments are due Sept. 1, replies Oct. 1.
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The notice comes in amid FCC Localism Task Force hearings seeking comment on TV and radio local coverage and what rules, policies or practices should be. The Commission in the notice asked, among many other things, whether the FCC should take action to better ensure that broadcasters air programming to serve their communities’ needs and interests. “I urge broadcasters to fully inform the Commission of the laudable steps they take in serving the interests of their local communities,” FCC Chmn. Powell said. “I urge that they join us in recognizing that there is always room for improvement.”
While the commissioners differed on the importance of several issues addressed in the inquiry, they agreed that the 3-year-old NASA petition should be dealt with immediately. NASA had claimed the major networks were illegally hindering the affiliates’ right-to-reject programming rule (see story elsewhere in this issue). “We are concerned by affiliates’ claims that the networks are hindering the affiliates ability to preempt network shows for local programming,” the notice said. Comr. Martin said he hoped the Commission would resolve the issue soon.
The notice comes a week after the 3rd U.S. Appeals Court, Philadelphia, remanded major FCC broadcast ownership rules (June 25 p1). The Commission did acknowledge in the notice a correlation between broadcast ownership and characteristics of localism. But the Commission said it will address “behavioral” rules that promote localism “regardless of identity of ownership.” Comr. Copps disagreed and said that it’s impossible to divorce localism from ownership: “What if we get to the end of this new proceeding and determine that localism is not served by ever greater media concentration? With the consolidation genie out of the bottle, it will be too late then to stem the tide.”
The Commission asked whether local oriented programming, regardless of its source, which may have been obtained elsewhere, counts as part of a broadcaster’s local coverage. The Commission also asked if there should be a distinction between radio and TV in terms of localism policy and rules.
The notice “properly” asked how to best harmonize the licensing process for FM translators and low-power FM stations to enhance localism, Copps said. FM translators were originally envisioned as a fill-in service for full- power FM stations to provide a means for signals to be retransmitted to distant areas.
The notice also addressed concerns about payola and sponsorship identification practices. Some TV stations have conducted interviews during news programs with subjects who have been asked to pay a fee. Such shows would appear to the average person to be legitimate news programs, and viewers might be unaware that money has changed hands. The Commission wondered whether the practices comply with disclosure requirements.
Though the Commission planned to seek comment on improvements to the Emergency Alert System in Aug. (CD June 24 p7), the FCC asked whether broadcasters should be required to make their facilities available to local emergency managers. The FCC also asked whether any harm would result from requiring broadcasters to make arrangements with local officials and whether they should be required to provide alerts, which is currently voluntary.
Copps and Adelstein said many questions in the notice have already been asked and so should be acted on immediately. Questions about the effect of the digital transition and public interest obligations were asked in a notice in Dec. 1999, Copps said. Inquiries on political coverage were also brought up in previous proceedings. The FCC also sought comment on whether market forces will provide enough incentive for a broadcast station to air community- responsive programming that directly addresses the needs of the community. “Yet, 5 years ago, the Commission sought comment on similar public interest requirements. Why keep asking the same questions when we should be acting?” Copps said.
Responding to the FCC notice, NAB said it’s confident “objective observers will conclude that America’s local over- the-air stations have an unmatched record of community service.”