NORFOLK, Va. -- Broadcasters must improve news programs by covering more local politics and minorities, airing music by independent artists and refusing payola, said FCC Comr. Copps and an aide to Comr. Adelstein. At an Old Dominion U. ownership forum here late Thurs., Copps ripped industry, declaring that local journalism gets “short shrift” from centralized operations. Video news release (VNR) material is palmed off “as if it was the real thing” and less than 0.5% of programs are devoted to public affairs, said Copps. Adelstein aide Rudy Brioche attacked VNRs for “masquerading as legitimate news.” He ripped payola, a pet issue of his boss (CD Dec 27 p3).
The video franchise process is the largest barrier to telco TV entry, said Verizon in reply comments on an FCC inquiry seen as a win for Bells (CD Nov 4 p1). AT&T used the occasion to attack rivals, saying: “The only real opposition to the pro-competitive rules that have actually been proposed comes from the cable industry.” NCTA said telco firms don’t need “special favors.” The cable group said cities “welcome competitive entry,” a statement echoed in many municipalities’ filings. New entrants and cable operators all should come under buildout rules mandating service to entire areas, American Cable Assn. Pres. Matt Polka said: “Providing service in a franchise means providing service throughout the entire franchise, with one exception.” It’s too costly to provide service to every home in areas with fewer than 20 houses per square mile, he told us. Smaller cable operators back a franchise reform bill proposed by House Commerce Chmn. Barton (R-Tex.), Polka said: “It’s much more technologically neutral and fair to all parties, particularly on the national franchising portion.”
NORFOLK, Va. -- FCC Comr. Copps wants hearings on media ownership issues expected to come before the Commission, such as broadcasters’ desire to lift a ban on TV station and newspaper cross-ownership. The FCC, expected to revisit the contentious rules after a court defeat, must do better than it did under former Chmn. Powell at gathering public contributions, “evidence” and “granular analysis,” Copps told us before speaking here on a media ownership panel at Old Dominion U.
Comcast and Time Warner discriminated against union workers by discouraging them from keeping their membership after the firms complete the proposed $17.6 billion purchase of Adelphia systems, the CWA said. Time Warner Cable won’t commit to existing union contracts after the deal, unlike a string of other telecom firms whose mergers were recently approved by the FCC, CWA economist Ken Peres said in an interview. A Time Warner official told employees before a L.A. union decertification vote they stood to lose benefits including a pension plan if they remained in the union, said CWA. That led to a complaint with the National Labor Relations Board (NLRB). That agency “impounded the votes,” CWA said in an FCC filing last week; NLRB officials couldn’t confirm the existence of an investigation. In Dallas, Time Warner officials have refused to meet with CWA members or its leaders while meeting with nonunion employees, said Peres: “It’s like picking and choosing in delivering your message.” Comcast fired an Oakland, Cal., worker who testified to the city council contrary to Comcast’s position on a franchise matter, said Peres. A Comcast spokesman wouldn’t comment on issues raised by CWA, other than to say the firm supports workers. Time Warner said CWA’s “allegations are lacking in merit” and “rehashes” previous complaints it has answered, it said in a Tues. FCC filing. A company spokeswoman declined to comment further.
The FCC rescinded $260,000 in indecency fines levied against Ind. stations WTHI-TV Terre Haute, WANE-TV Fort Wayne, WISH-TV Indianapolis, WLFI-TV Lafayette and WSBT-TV South Bend. The action, which was expected, followed objections by the stations that they aired Without a Trace at 10 p.m. Eastern time (CD March 28 p2). The FCC erred in thinking them to be in the Central time zone, some of the stations told the Commission. The FCC also rescinded fines levied against Tenn. stations WVLT-TV Knoxville, WDEF-TV Chattanooga and WJHL-TV Johnson City; all are located in the Eastern time zone, said Marty Parham, systems & programming vp at WVLT, which also protested the fine. Industry insiders and analysts regard the TV fines as a harbinger of indecency penalties against radio stations. “It took some time for the FCC to get ramped up, but it certainly seems like there will be a more regular flow of enforcement actions on indecency,” said Stanford Washington Research Group analyst Paul Gallant. FCC officials wouldn’t comment. Womble Carlyle’s Peter Gutmann said he’s advising radio clients that human errors in failing to bleep curse words may lead to FCC actions.
The FCC may have erred in fining 3 more Ind. TV stations for airing indecent content, said Greg Schmidt, gen. counsel for their owner, LIN. He and station officials said WANE-TV Fort Wayne, WISH-TV Indianapolis and WLFI-TV Lafayette aired Without a Trace at 10 p.m. Dec. 31, 2004 - during the FCC’s so-called safe harbor period. The FCC, wrongly assuming the stations are in the Central time zone, fined them $97,500 total, Schmidt told us. He said he wrote to FCC officials asking them to rescind the fine. WSBT-TV South Bend said in a separate note to the Enforcement Bureau it was fined in error for carrying the show (CD March 24 p5). An Enforcement Bureau official declined to comment.
Record indecency fines by the FCC will bring changes at more TV shows, now that WB has decided to edit a controversial program due to last week’s Commission orders (March 17 p1), said broadcast executives and activists. The Bedford Diaries became the first show to see cuts following those orders, out of concern the FCC might deem it indecent.
Verizon, seeking to snare TV customers, slammed Cablevision at the FCC for refusing a deal to let it carry the pay TV rival’s sports networks. Cablevision abused “monopoly power” in not following program access rules, repeatedly putting off a carriage deal for channels featuring the Boston Celtics and N.Y.’s Knicks and Rangers, said a Verizon FCC complaint. Cablevision shot back that the Bell should focus on carriage negotiations. Verizon faces challenges in getting permission to carry networks owned by other companies, said analysts.
Chmn. Martin’s remarks that Bells may need franchise reform may be off base because of poor information provided by a competitor, said RCN Senior Vp External Affairs Richard Ramlall. Martin used his first news conference to push for telco video deregulation, saying, “I am hopeful that we will be able to provide some regulatory relief” (CD March 20 p2). RCN “questions the information Chairman Martin has been provided by Verizon about problems with the local franchise process,” Ramlall told us. “It’s also contrary to RCN’s experience in negotiating more than 100 franchises without access to the vastly greater financial resources available to Verizon.” Separately, RCN said it completed the purchase of Consolidated Edison’s telco unit for about $39 million.
A kids’ TV ad limit deal the FCC will consider is only a first step toward more rules as the DTV transition nears, said Comrs. Adelstein and Copps. “The Commission is long overdue to address the range of public interest issues” proposed about 6 years ago, Copps said at Fri.’s monthly agenda meeting. Copps was referring to a notice of inquiry issued in 1999, said a Media Bureau official, answering our question at a press gathering following the meeting. The Democrats agree the FCC needs a promised Commission report on implementation of kids’ rules ordered in 2004 findings. The report will examine how well the program obligations are being met, said the Media Bureau official. There’s no timeframe for issuing it, she said. As expected, the FCC will seek comment on the compromise between media activists and broadcasters. Disney and other firms want the FCC to vacate a limit on the number of programs that count toward educational programming mandates of 3 hours per week, Media Bureau lawyer Kim Matthews told the meeting. The Commission put off implementation until it publishes an order of reconsideration, she said. No date was given. Some rules were to take effect Jan. 1. The Commission will weigh previously filed petitions for reconsideration on mandates, said Murphy. All commissioners agreed the compromise deserves speedy vetting. Martin joined his confreres in saying the accord should be a template for resolving fractious matters. “This is a model not only for the many media issues we face, but for the issues we face across the spectrum,” said Martin.