Copps, Adelstein hail federal court ruling
Michael Copps and Jonathan Adelstein cheered last week's federal appeals court ruling throwing out new FCC media ownership rules that would allow media conglomerates to own more outlets.
The two FCC commissioners, who were appearing in Portland, Oregon for a public hearing on media onwership and the public interest, had voted against the rules last June, but were outvoted 3-2 by their Republican colleagues.
From the Oregonian:
"Now the commission needs to reverse course and start protecting the people's interests and the people's airwaves," Commissioner Michael Copps said before the meeting.
[Copps and Adelstein] called on the commission to revisit the issue and meet with the public in forums like Thursday's meeting at the Oregon Convention Center.
"I just wish that all of our colleagues could go with us because they would never make the decisions that they make if they could hear from you," Adelstein told the audience. "They should have done this right in the first place. They should have made you part of the debate."
Adelstein's media advisor Johanna Shelton spoke at a public forum on media ownership that we organized here in Columbus, Ohio (home to a media company that owns the daily newspaper, #1 TV station, for which I used to work, AM/FM radio station, statewide cable TV news channel, a chain of suburban newspapers, as well as interest in the local NHL franchise and a real estate development company.) She gave us great insight into how media policy is made in Washington and told us her boss really depends on grassroots media activists to keep pressing media ownership and public interest issues as a counter-weight to big money lobbyists from corporate media, who have pretty much owned the FCC for the past two decades, if not longer. If Adelstein and Copps can point to public outrage and opposition to recent FCC actions, they have more room to maneuver in Washington to propose and implement public interest requirements, such as free broadcast airtime for political candidates, that would open up political discourse through the mainstream media.
From the looks of the court ruling, the FCC will have to go back to the drawing board and come up with new media ownership rules, or develop a better rationale for the weakened rules they approved last June. That argument was basically that the Internet and continued proliferation of cable TV means there's no need for limits on broadcast ownership. Activists who filed the suit the federal court just ruled on, provided good arguments that such a rationale was flawed -- due primarily to the fact that a small group of companies owns most of the cable TV channels and top-rated web sites -- and that the data used by the FCC to calculate "media diversity" within most markets was seriously flawed. They also argued that the entire process for adopting the new rules was basically corrupt. The FCC only held one sanctioned public hearing -- in Richmond, VA so that media lobbyists based in Washington could easily attend -- before voting on the proposed rules. On top of that, the FCC didn't even present the proposed rules to commissioners until a few weeks before they were scheduled to vote, meaning they had little time to examine the exact contents and engage in more public debate. Lastly, in the run-up to voting, the FCC held dozens of meetings (71, I think, according to the Center for Public Integrity) with media lobbyists and only one or two with consumer and public interest groups.
So, now that the court has rebuked the FCC, it looks like Copps and Adelstein have some breathing room to try and kill the rules passed last June and open up a much more democratic process for deciding how ownership of the public airwaves should be governed in the digital age.
It is important to remember, however, that the court ruling was just one arena in which the media reform battle is being fought. As the group
Free Press points out: The court's decision does not affect a White House-negotiated deal to lift the national broadcast audience cap - the maximum percent of national television households that a single company can reach with its stations - from 35 percent to 39 percent. That deal, attached to a 2004 spending bill, was signed into law by President Bush in January."
Thus, Congress still has the power to fully reject, modify -- such as the 39% deal-- or approve the FCC's corrupt ownership rules, including the worst one of all: the one that eliminates the "cross-ownership" ban preventing one company from owning the daily newspaper, a TV station and/or cable TV service in most media markets (the Columbus situation exists due to an FCC exemption). The FCC was created by act of Congress and operates in accord with its legislation. So, keep your eyes on the House and Senate in the coming months. Crafty legislators who've benefited mightily from media companies could still put rules as bad as those crafted by the FCC into effect. Or, driven by public opposition to media consolidation, they could throw out the bad rules and pressure the FCC to adopt stricter public interest rules and onwership limits.