FC: James Plummer on FCC deregulation vote and true competition

From: Declan McCullagh (declanat_private)
Date: Tue Jun 24 2003 - 22:40:29 PDT

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    Date: Tue, 24 Jun 2003 16:55:06 -0400
    To: declanat_private
    From: J Plummer <jplummerat_private>
    Subject: for politech? : Real Media Reform
    
    Declan,
    
    Politech readers may find my piece below of interest.  It's on real media 
    reform vs. the beltway brouhaha over the new FCC media ownership rules.
    
    - JCP
    
    <http://www.techcentralstation.com/1051/techwrapper.jsp?PID=1051-250&CID=1051-062003F>
    
    Real Media Reform
    
    By James Plummer
    6/20/03
    
    The Senate Commerce Committee on Thursday voted by voice vote to roll back 
    much of the Federal Communications Commission's recent revision of 
    regulations governing media ownership. The 3-2 party line vote of the FCC 
    commissioners earlier this month eased restrictions on how many broadcast 
    television stations one company could own nationwide, and allowed newspaper 
    owners to purchase a television station in the same market.
    
    The reaction from the pro-regulation crowd was swift. Even as FCC Chairman 
    Michael Powell called for the ayes and nays from his four colleagues, two 
    members of the women's left-activist group Code Pink in the audience began 
    singing and chanting: "Mass deregulation of the mass communication means 
    the end of democracy."
    
    But what most empowers consumers - and democracy - is the ability of 
    consumers to freely choose in an open market those media that best fit 
    their diverse tastes and values. Indeed, "diversity, localism and 
    competition" were the policy buzzwords repeated as a mantra by 
    commissioners and senators between the fractious FCC meeting and a 
    follow-up Congressional hearing. And not without reason.
    
    The evidence does indeed indicate that diverse consumers do want 
    "diversity," including "localism," among their media choices. But 
    competition, not "public interest" regulation, is the only way to ensure 
    these choices reflect the values and tastes of consumers rather than 
    bureaucrats and special-interest groups.
    
    And to that end, the FCC's action, for all the chanting to the contrary, 
    was a positive step for consumers. In an age of cable, satellite, DVD and 
    Internet, greater opportunities for horizontal and vertical integration can 
    enable not only the media dinosaurs to diversify their offerings, but also 
    allow new independent operators, such as the family-oriented Paxson 
    Communications and its Pax Network, to compete by offering consumers 
    something new.
    
    In point of fact, Pax was only able to offer a family-friendly alternative 
    to the big networks by owning and operating broadcast stations reaching 
    more than 60 percent of the country. It skirted the FCC rules limiting 
    station ownership to 35 percent of the country because UHF stations counted 
    as only half a station.
    
    The new FCC rules take the ownership limit up to 45 percent. But the Senate 
    Commerce Committee action would make permanent the old 35 percent national 
    market-penetration standard (as would a separate bill pending in the 
    House). Such a measure would in fact hinder the diversity and competition 
    offered by upstarts such as Pax.
    
    The Commerce Committee bill also included a reinstatement of a ban on 
    newspapers owning a television station in the same market. And the 
    committee separately passed a measure revoking a grandfather clause 
    protecting companies whose holdings already exceeded new caps on radio 
    ownership in one market.
    
    If members of Congress really wants to bring about more "diversity, 
    localism and competition" in media markets, they will let the ruling stand, 
    and instead take measures to tear down barriers to entry in broadcasting. 
    Congress should:
    
    ·       End suppression of microradio -- Those who profess a concern for 
    "diversity, localism and competition" could start by reversing the Radio 
    Broadcasting Preservation Act, passed as part of the appropriations bill in 
    2000. The act itself overturned the FCC's modest attempt in 1999 to license 
    low-power "microradio" broadcasters. It cut in half the small number of 
    low-power licenses the FCC was set to grant and also barred the Commission 
    from eliminating or reducing the "minimum distance separations" between 
    stations on the radio dial. In effect, that limits the number of licenses 
    for new stations while ignoring the digital technology that makes wide 
    separation unnecessary. If diversity and competition aren't just rhetorical 
    terms, it needs to lift the caps so scrappy start-ups can provide 
    independent, local coverage.
    
    ·       Roll back the digital mandate -- Besides giving away a huge, 
    valuable, swath of spectrum to the very corporations they now worry are 
    becoming too powerful, the federal mandates increase the costs of 
    maintaining a broadcast station by upwards of $1 million. This 
    anti-competitive barrier to entry crowds out smaller stations, the ones 
    that typically offer more diverse and local content.
    
    ·       Drive a stake through the estate tax -- Family-owned local media, 
    whether they be daily newspapers or television stations, are at a distinct 
    disadvantage with national or international corporations. Corporations 
    never die; people do. And once every generation a family has upwards of 
    half its capital confiscated by the federal government. This simple truth 
    explains much of the consolidation of media and other businesses over the 
    past century, as local owners converted their private interests into public 
    shares of stock in media conglomerates. The current estate tax structure 
    calls for the tax to slowly be phased to nothing in 2010, and then 
    reinstated in 2011. That's hardly something estate planners can count upon. 
    This typical slice of Beltway insanity provides family-run businesses with 
    no assurance, outside of a carefully timed suicide, that the business will 
    stay in family hands. The incentives to sell out remain. If Congress 
    prefers independent media to corporate conglomeration, they must make the 
    repeal of the estate tax complete and permanent.
    
    Any one of these institutional reforms would do more to bring about true 
    competition -- including "diversity and localism" in the electronic media 
    -- than simply rolling back a technical regulatory decision. The question 
    is does anyone on the Hill have the fortitude to do anything about them?
    
    James Plummer is a policy analyst for Consumer Alert, a non-profit consumer 
    group based in Washington, DC.
    
    
             06/20/
    
    James 
    Plummer 
    jplummerat_private
    http://www.nccprivacy.org/                               Policy Analyst, 
    Consumer Alert
    National Consumer Coalition Privacy Group        Phone: 202-467-5809
                                                                           Fax: 
    202-467-5814
    
    
    
    
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