Broadcasters Dispute Groups’ Localism Plan at FCC
Replies to an FCC localism notice dwelt on proposals by public-interest groups that many broadcasters criticized. Advocacy groups’ filing stressed a need for the FCC to impose stricter rules for stations to serve their communities. CBS, Fox, the NAB and others said the groups, many opposed to media consolidation, offered paltry evidence in an April proposal (CD April 30 p6). The proposal would have the agency set “guidelines” so stations that air a substantial amount of local programming find it quicker and easier to get licenses renewals. The Association of Public Television Stations and the Public Broadcasting Service seek exemption from localism rules. The public interest groups partially supported that.
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Commissioners voted 3-2 Dec. 18 not to consider in renewing licenses how many independently-made shows air on stations affiliated with ABC, CBS, Fox and NBC, said Fox TV Stations. The localism proceeding is the wrong forum to bring up independently made programming, it said. The Public Interest Public Airwaves Coalition, among those pushing the guidelines, “seeks to have the Commission micro-manage exactly how stations should” serve consumers, CBS said. “While the PIPA Coalition casts it[s] proposals as ‘processing guidelines'” instead of rules, “the distinction it attempts to draw between supposed ‘guidelines’ and blunter regulatory instruments is without legal significance,” the network added. Such “unprecedented programming mandates” would “clearly violate the First Amendment.”
As proof that consumers have no quarrel with broadcasters, the NAB said 99.1 percent of license renewals the past two cycles went unopposed. Of 30,000 applications, about 270 drew objections, it said. “It would be impossible and disingenuous to draw from the current record a conclusion that the broadcast industry as a whole needs the type of reforms proposed in the Notice,” said the NAB. The coalition offers “illogical suggestions” and a “'wish list’ of new obligations,” it added. “The Public Interest Coalition cannot demonstrate any evidentiary or legal basis for reimposing programming quotas.”
No commercial station owner except Capitol Broadcasting showed itself “willing to be held accountable” to the public, said a joint filing by the Benton Foundation, Campaign Legal Center, Free Press, U.S. Conference of Catholic Bishops and others. “They are not shy about using their special status as trustees of the public airwaves to justify their continued use of the spectrum for free, and to obtain must carry rights on cable systems. Yet, these same parties are unwilling to provide the information to the FCC and the public that is needed to justify their claims.” Public stations that already hold community advisory board meetings should be exempt from new regulations requiring them, it said. APTS and PBS urged the commission not to apply new localism rules to their members, which are locally owned and have a “strong accountability mechanism” because 25 percent of revenue comes from individual donations.
Small cable operators said the FCC should open a separate rulemaking to require ABC, CBS, Fox and NBC affiliates to provide them with signals of in-state stations, even if they're in adjacent markets. The FCC promised such an inquiry in its 2008 localism report, said the American Cable Association