[IBD = Investors Business Daily. Ben = former satellite policy reporter.
--Declan]
-------- Original Message --------
Subject: FCC Sirius Rant
Date: Thu, 7 Oct 2004 10:31:25 -0700 (PDT)
From: Ben Polen <benpolen@private>
Reply-To: benpolen@private
To: declan@private
Declan, sent off the following letter to IBD.
Dear IBD,
Regarding Thursday's lead story on Sirius satellite radio.
We Americans should be ashamed that the government of our proud home of
free speech has forced its ambiguous and capricious speech restrictions
on a champion of that same right. I am referring, of course, to Howard
Stern's move to Sirius Satellite Radio, as reported in Thursday's edition.
While I think Stern's move will be a boom for Sirius and could well
prove to be its "killer app" in the satellite radio end-game, it marks a
sad day for our heritage of freedom.
As we all know, Stern's employer, Viacom, has felt much political
pressure this year on content regulation, mainly stemming from the Super
Bowl "wardrobe malfunction" incident.
Pressure on our Federal Communications (Speach) Commission wrought by
ambitious politicians of both parties eager to press their cause as
champions of rights of the undefended ("Won't someone please think of
the children!") has forced Stern off of "free" radio and onto a
subscription service, where he can now speak "freely."
What is so free about "Freedom of Speech" on satellite radio if Sirius
and XM had to pay $200 million for this suppossed "right"? Spare me the
FCC's canned response that the airwaves belong to the "public"
and licensing fees go back to the "public" through the U.S. treasury and
tell me why one must pay the government a fee to communicate? How can
the government tax free speech?
Don't think that satellite radio will always be the home of the "free."
In testimony before the Senate Commerce Commitee on February 11, 2004,
FCC Commissioners Kevin Martin (R) and Michael Copps (D) both expressed
support for extending government content regulations to cable and satellite.
(IBD-- see
http://commerce.senate.gov/hearings/testimony.cfm?id=1042&wit_id=1951
<http://commerce.senate.gov/hearings/testimony.cfm?id=1042&wit_id=1951>
and
http://commerce.senate.gov/hearings/testimony.cfm?id=1042&wit_id=2155
<http://commerce.senate.gov/hearings/testimony.cfm?id=1042&wit_id=2155>
and http://commerce.senate.gov/hearings/witnesslist.cfm?id=1042 )
In the open source software world, much has been made of the distinction
between kinds of free--"free speech" (the right to freely publish and
discuss ideas) or "free beer" (the right to freely consume).
Unfortunately, under the pressures of the FCC, it seems our right to
"free speech" is turning into a right to"free beer."
It is time for the people to can this poor regulatory brew and pour down
the drain. Just don't spill any on the shoes of the FCC--you never know
when they might decide to regulate your speech in the name of "decency."
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