Be The Media

Final FCC Media Ownership Hearing in Seattle, WA

Tune in to Reclaim the Media's coverage of the final FCC media ownership local hearing TODAY.

The meeting will be held at Town Hall Seattle, 1119 8th Avenue at Seneca Street, from 4:00pm - 11:00pm PST (it may run late due to all the public comment).

The agenda is here, and the FCC will also broadcast the event here.

But go to Reclaim the Media, and share the love!

The purpose of the meeting is to "involve the public in the process of the 2006 Quadrennial Broadcast Media Ownership Review," although the Republican-dominated FCC GAVE THE PUBLIC ONLY 5 DAYS NOTICE... What's the hurry?

Republican FCC Chair Kevin Martin is trying to fast-track the process that will allow big media companies to get even bigger. That is Mr Martin pictured above in the July 2006 edition of Details magazine, literally in bed with a telecom lobbyist while a radio industry executive stands nearby.

You can't make this stuff up!

According to FreePress.net co-founder and Executive Director Josh Silver, "Seven years ago, Martin was a 33 year-old GOP attorney sent by team Bush to lead the Florida recount. His wife is a former senior counselor to Vice President Cheney, and now serves as a deputy assistant to President Bush."

But mega-media lovers aren't limited to Republicans. After all, the 1996 Telecommunications Act was passed with Clinton/Gore in the White House. That Act eliminated long-standing limits on the number of TV and radio stations one company could own. A buying binge ensued, with companies such as Clear Channel gobbling up over a thousand radio stations, destroying localism and diversity on the airwaves.

Party affiliation is not the problem. The bigger issue is the corporate takeover of our publicly owned airwaves. This starts with the incestuous sleepovers between big media conglomerates, their lobbyists, "regulators" like FCC Chairman Martin, and our representatives in Congress.

What can YOU do? For one, you can tell FCC Chairman Kevin Martin that he should not be having pajama parties with the companies he is supposed to be regulating!

Seriously, Martin wants to let newspapers buy radio and TV stations in the cities where they are published. A current regulation bars companies from owning a daily newspaper and TV or radio station in the same market.

Martin has set a deadline of December 11 for public comments, with the FCC likely to vote a week later on December 18. You can file a comment with the FCC online here. Select "Media Ownership Further Notice of Proposed Rulemaking - Docket 06-121," and click "Continue" at the bottom of the page.

To find out more, head over to STOPBIGMEDIA.COM now.

UPDATE 1: Bill Moyers reviews the Seattle conference. Hundreds of people showed up to testify, almost all of them unanimously opposed to the proposed rule change:

UPDATE 2: Two key House lawmakers announced that they would be investigating the FCC, accusing Chairman Kevin Martin of "possible abuse of power."

Rep John D Dingell (D-MI), Chair of the Committee on Energy and Commerce, wrote to Kevin Martin about "concerns about a breakdown in proper procedure" at the FCC:

"Given several events and proceedings over the past year, I am rapidly losing confidence that the commission has been conducting its affairs in an appropriate manner.

Our nation is founded on fair, open, and transparent government, and the FCC is certainly no exception. When that openness and transparency is compromised, so too is public confidence in the agency."

Rep Bart Stupak (D-MI) said:

"I have received several complaints from the public and professionals within the communications industry about how Chairman Martin is conducting business at the FCC.

It is one thing to be an aggressive leader, but many of the allegations indicate possible abuse of power and an attempt to intentionally keep fellow Commissioners in the dark."

Public Hearing on Media Ownership: Oakland 10/27 5pm

The FCC has held ownership hearings in LA and NYC. This Friday, the FCC will be in Oakland, CA. Please come and speak out about media ownership concentration!

According to Broadcasting and Cable, almost 170,000 comments were filed in the FCC media ownership review.

See Be The Media's comment here.

WHAT: FCC Hearing on Media Ownership
WHEN: Friday October 27, starting at 5 pm
WHERE: Oakland Marriott City Center, 1001 Broadway at 10th St (BART Oakland 12th St, map, directions)
WHO: YOU, FCC Commissioners Copps and Adelstein, and a panel of experts.
FOR MORE: See Media-Alliance web site here.

Sponsored by the NAACP, Media Alliance, the Youth Media Council, and Free Press

BE THE MEDIA responds to FCC NPRM on Ownership

On June 21, 2006, the Federal Communications Commission (FCC) initiated its Quadrennial Regulatory Review of Broadcast Ownership Rules, and is seeking comment through a formal Notice of Proposed Rulemaking (NPRM).

As mentioned in a previous post, BE THE MEDIA co-wrote and signed onto a previous FCC Comment that was submitted by Media Action Marin and co-signed by Marin Peace and Justice Coalition, the Social Justice Center of Marin, the Canal Human & Economics Council, and the American Civil Liberties Union and almost 200 concerned residents of Marin.

Since that time, a few FCC studies were uncovered that clearly demonstrate the dangers of media ownership consolidation. For that reason, and with this background, BE THE MEDIA respectfully submits the following comment to the Federal Communications Commission on this proceeding:

Democracy demands diversity of opinion

Protect the First Amendment
The public has the constitutional right to communicate in an uninhibited marketplace of ideas. The purpose of the First Amendment is to preserve that right.

As stated by the US Supreme Court in Red Lion Broadcasting Co. V. FCC, 395 U.S. 367:

"It is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail rather than to countenance monopolization of that market, whether it be by the government itself or a private licensee. It is the right of the public to receive suitable access to social, political, esthetic, moral and other ideas which is crucial here. That right may not constitutionally be abridged either by Congress or by the FCC."

Just a Few Corporations Control The Media
Over the last twenty years, corporate ownership concentration has led to steep declines in female, minority and local ownership opportunities and the homogenization of content in radio, television and newspapers.

In truth, just a few corporations control most of what Americans see, hear and read.

Ownership Matters – Female and Minority Ownership “a national disgrace”
A September 2006 study by FreePress.net found that media concentration has crowded out female and minority ownership of broadcast TV stations.

For example:
* Females comprise 51% of US population, but own just 4.97% of TV stations
* Minorities comprise 33% of US population, yet own just 3.26% of TV stations
* 91% of African-American TV households are not reached by black-owned TV station

FCC Commissioner Michael Copps himself stated “This isn’t just a problem. It’s a national disgrace.”

FCC Buried 2003 Reports Showing Dangers of Ownership Concentration
In September 2006, it was revealed that FCC officials had blocked the release of major reports commissioned in 2003 that clearly showed the dangers of media ownership concentration in broadcast TV and radio.

For example:
* One report found in 2004 that locally-owned TV stations provide 20% more local news than provided by stations owned by remotely-owned corporations
* The Review of the Radio Industry report showed the negative effects of the deregulatory 1996 Telecommunications Act in radio. The number of commercial radio stations increased 5.9%, but the number of independently owned radio stations decreased 35%.

These suppressed studies came to light only after FCC whistleblower Adam Candeub, at the time a lawyer in the FCC’s Media Bureau, leaked them to Senator Barbara Boxer in September 2006. Boxer raised the issue during re-confirmation hearings for FCC Chairman Kevin Martin.

Senator Boxer said she was “dismayed that this report, which was done at taxpayer expense more than two years ago, and which concluded that localism is beneficial to the public, was shoved in a drawer,” and requested that the FCC “examine whether it was then or is now the practice of the FCC to suppress facts that are contrary to a desired outcome.”

The FCC Needs to Take Ownership, Seriously
The Associated Press reported that upon seeing the results, senior officials at the FCC ordered that “every last piece” of the studies be destroyed. So far, neither current FCC Chairman Martin nor prior FCC Chair Michael Powell has taken any ownership responsibility for the suppression of these reports, even though the suppression occurred under their watch.

Protect and Nurture Ownership Diversity
The main goal of any action being considered by the Federal Communications Commission should be the protection of diversity in media ownership. The FCC should stop cherry-picking reports, and stand firmly in favor of a diverse, equitable and fair media marketplace.

Prior to enacting any new rules on media ownership, BE THE MEDIA urges the FCC to:
1. Engage the public through local hearings and comments;
2. Encourage independent, local, diverse and non-commercial media creation and ownership;
3. Support net neutrality rules that treat all information and users as equals.

Communication is a Fundamental Human Right
Everyone has the right to communicate, not just those with the loudest microphones, the most expensive studio or the widest distribution network.

The FCC must “preserve an uninhibited marketplace of ideas in which the truth will ultimately prevail." 

Democracy demands and requires nothing less.

Senator Ted Stevens - TUBES!

Here is a new tune by Senator "Bridge to Nowhere" Ted Stevens (R-Alaska) called LOONEY TUBULAR BELL-cos. He is Chair of the Senate Commerce Commitee, which regulates e-commerce.

TUBULAR BELLS.MP3 - CLICK HERE TO LISTEN

The Senator raps about the Internets and 'Net Neutrality.' Thankfully Americans have highly competent - and un-corruptible - legislative representatives like Ted looking out for our best interest the tubular bell-cos and cable-cos that want to create two tiers on the Internet - a fast lane for the duopolists, and a dirt road for the rest of us.

If Ted was around 100 years ago when power companies refused universal service to rural areas, today we'd all be walking around in the dark.

His original 10-minute floetry from the Senate floor here Stevens On Net Neutrality

Save the Internet - support Net Neutrality. Join the coalition. Support FreePress.net.

Officials: FCC Chairman Powell to Resign

By TED BRIDIS, Associated Press:

Michael K Powell, who called for an easing of regulations when he became the Federal Communications Commission's chairman but later supported levying the largest-ever fines for broadcast indecency, plans to step down, officials said Friday.

Powell, a champion of deregulation who critics say is too pro-big business, rose from commissioner to chairman when Bush took office in 2001. His term was to run until 2007.

* Hold Michael Powell accountable - Alert the FCC *

On October 26, 2004, Federal Communications Commission (FCC) Chairman Michael Powell unilaterally granted waiver requests for potential indecency violations to radio host Ronn Owens (810 KGO AM) - without the required approval of the FCC.

During the broadcast, FCC Chairman Powell guaranteed the radio host a "license waiver free zone," "no matter what." Listen to the audio and read partial transcript of the program here.

It is disturbing that a single commissioner, acting alone on behalf of the entire FCC, feels that such unilateral approvals are appropriate and permissible. Mr. Powell should be aware, and as an attorney particularly so, that even though Chairman, he is one of five equals and the commission acts as a whole, not by individual fiat.

Mr. Powell exceeded the limits of his authority. Alert the other FCC commissioners here:

* * * * * * * * * * * * * * * * * * * * * *
1. Copy the Alert letter (below)

2. Paste & send it to the FCC via email here
3. Post a comment here, to give us feedback on the # of complaints

* * * * * * * * * * * * * * * * * * * * * *

January __, 2005

Commissioner Kathleen Q Abernathy

Commissioner Michael J Copps
Commissioner Kevin J Martin
Commissioner Jonathan S Adelstein

Dear Commissioners:

An event recently occurred that is relevant to your responsibilities as FCC Commissioners.

On October 26, 2004, talk radio host Ronn Owens interviewed FCC Chairman Michael Powell on station 810 KGO-AM in San Francisco, CA. At the commencement of the interview, Mr. Owens requested a waiver from Commissioner Powell in case any indecent language would be used during the hour-long broadcast.

To my surprise and dismay, Mr. Powell, without hesitation, granted the waiver request - not once, not twice, but six times. Following are excerpts from the transcript:

Ronn Owens: “OK. Michael Powell is the head of the Federal Communications Commission. First of all, do I get a blanket OK for the, this entire hour, no matter what we say, you’re not going to yank the license of this radio station?”

Michael Powell: “You’re good to go. This is a license-free zone.”

Ronn Owens: “License-free, from now till ten o’clock?”

Michael Powell: “License waiver free zone.”

Ronn Owens: “No matter what I ask?”

Michael Powell: “No matter what.”

It is disturbing that a single commissioner, acting alone on behalf of the entire FCC, feels that such unilateral approvals are appropriate and permissible. Alarming to me, and I trust to each of you, was that Mr. Powell took the liberty of granting these waivers without any legal representation or FCC staff consultation, absent your respective participations, and without the consent of the commission as a whole.

As you are aware, the issue of censorship of the public airwaves is the subject of much political discussion and debate. The FCC's inconsistent and vague interpretations of "indecency" has confused broadcasters, leading to today's climate of extreme self-censorship for fear of fines or license revocation.

Broadcast regulations - and their administrators - need to be clear, consistent and fair. Mr. Powell's arbitrary and capricious action has only served to increase the confusion of broadcasters. Would Mr. Powell give the same "blanket ok" and immunity to licensees that broadcast Howard Stern, Janet Jackson or Bono?

I am not aware of any similar action by an acting member of the FCC. Mr. Powell's action seems illegal, imperious and certainly disrespectful of his fellow commissioners. Mr. Powell should be aware, and as an attorney particularly so, that even though Chairman, he is one of five equals and the commission acts as a whole, not by individual fiat.

If Mr. Powell's waivers violated FCC rules, the Commission should remind Mr. Powell of the limits of his authority. Furthermore, if this is not the first time that Mr. Powell has exceeded his authority, censure by the Commission or impeachment by Congress might be in order.

Could you please clarify the FCC charter with regard to these apparent violations by Mr. Powell, and your proposed resolution? Could you please advise as to your plans to prevent future abuses of authority by commissioners?

The broadcast community and the public deserve a response on this very important matter.

Thank you for your consideration.

Michael Powell on Ronn Owens show: Audio and Transcript

Ronn Owens Show: 810 KGO-AM San Francisco, CA October 26, 2004

AUDIO: rope.kgoam810.com/stern/powellstern.asx

TRANSCRIPT:

Ronn Owens: “OK. Michael Powell is the head of the Federal Communications Commission. First of all, do I get a blanket OK for the, this entire hour, no matter what we say, you’re not going to yank the license of this radio station?”

Michael Powell: “You’re good to go. This is a license-free zone.”

Ronn Owens: “License-free, from now till ten o’clock?”

Michael Powell: “License waiver free zone.”

Ronn Owens: “No matter what I ask?”

Michael Powell: “No matter what.”

Ronn Owens: “OK.”

<clip>

Ronn Owens: “But there’s no way to enforce it <indecency>, Michael. How do you go, how do you go around enforcing something like that? I mean, obviously it’s going to be unequal enforcement.”

Michael Powell: “I think one of the things you said is important. We don’t go around enforcing it. We don’t want to be the Federal Bureau of Indecency. We don’t go out <inaudible>…” <laughs>

Ronn Owens: “Well I can say whatever I want till 10 o’clock….” <laughs>

Michael Powell: “That’s true.”

Ronn Owens: “…so it’s OK.”

Michael Powell: “Um, but what we do is we, you know, it’s an important point. We, we, we only respond to consumer complaints. Uh, you mentioned Janet Jackson. You know there were 540,000 complaints from the American people to the Federal Communication Commission on that. Now we can sort of indict the morays of the public on those concerns, but I think as a government agency charged with the responsibility of enforcing it, we can’t turn a deaf ear, uh, to that many American citizens who, ah, who complained.”

Ronn Owens: “The irony of that, though, is I mean if there was anything wrong with it, it was the violent ripping off of the bra. To me that was a hell of a lot more offensive than seeing her nipple.”

Michael Powell: “I think one of the important limits on our indecency rules is they’re very carefully curtailed. They’re only, uh, about very specific kinds of conduct and activity, it has to be sort of sexual or excretory in nature, uh, I think it has to be pandering and titillating in the sexual sense. Um, uh, these aren’t standards we created at the FCC, these are standards that the Supreme Court, uh, has held constitute, uh, enforceful indecency, umm, and I think it is useful and important that, uh, our authorities limit it in that regard.”

Ronn Owens: “OK. Let me give an example, and again I’ve got your absolute OK, a word can come out and you’re not gonna yank our license. DEAL?”

Michael Powell: <laughs> “uh huh, huh huh” “DEAL.”

Ronn Owens: “We made the deal.”

Michael Powell: “All right.”

Ronn Owens: “All right. OK. Just this Friday, talking about the war in Iraq. I had a gentleman who called up. The gentleman is talking about how his family had five generations of marines. His son is over in Iraq, or is being sent over in Iraq. He is a marine. Signed up. He said ‘I don’t understand what’s going on. Why does my son have to potentially lose his life over this BULLSHIT?’ And I had to stop and decide real fast, do I let that word out or not? This was a word spoken in passion, this is a guy who’s got 5 generations. I mean, what am I supposed to do? I’m in this Orwellian zone. I let it go through, cause I figured you’d be on and give me an OK. But honestly, what do you do with something like that? Do I have to analyze every word? I’m doing a talk show, its spontaneous. What do you do?”

Michael Powell: “Yeah, I, I, I, I think we can also exaggerate what the rules actually provide. I mean what the, what the federal statute says is e, uh, indecency or profanity. The problem is profanity is a relatively ambiguous term, um, and regrettably that means that means that there’s a whole host of <must be?> hundreds, thousands and millions of words, uh, that one could have a dispute about whether they fall in that category. But to be perfectly clear, I mean the FCC has, uh, in essence prosecuted the use of only a single word to date, uh and that word I think if you think anything is profane, I think you would have to admit that that would be the word that was. Um…”

Ronn Owens: “The F or the C?”

Michael Powell: “The, the F word.”

Ronn Owens: “OK.”

Michael Powell: “Uh, you know, not to, that’s not to suggest that there wouldn’t be other, uh, profane utterances that would lar, potentially violate the statute, but I think that we are much more conservative and careful in trying to balance the interests of speech and the situations you describe. We’ve dismissed as, five times as many complaints as we’ve acted on, um, for similar sets of concerns.”

Ronn Owens: “If you were doing the talk show on Friday, would you have let it through?”

Michael Powell: “Oh, I cant say. I mean I, you know, I, that’s the editorial judgment, uh, uh, uh of the broadcaster.” 

Ronn Owens: “Yeah. I mean here’s 5 generations, marine, kid going over there.”

Michael Powell: “Well, what I would say is I think that you, you have correctly postulated the most uncomfortable case, which is the coverage of live news, uh, in which individual citizens, you know, individual, uh, people being covered, uh, have an utterance and suddenly that’s coming over the air. And I do think that that’s the area that I would urge my commission and everyone else to be most careful about in its enforcement.”

Ronn Owens: “Now I had heard you do not want to take phone calls, I will try my best to talk you out of that before the end of the hour, cause there’s no reason you shouldn’t talk to people. But in its stead I’ve got emails…”

Michael Powell: “No, we’re happy to hear from the public…”

Ronn Owens: “You’re OK with phone calls?”

Michael Powell: “Well we can take one or two, just lets get this <inaudible>…”

Ronn Owens: “Why one or two? Talk to the people.”

Michael Powell: “We’re happy to talk to the people.”

Ronn Owens: “OK. 808-0810 is the number, Michael Powell will talk.”

<clip>

Ronn Owens: “This is from Kyle.”

Michael Powell: “Yeah.”

Kyle: “Um, why is Oprah allowed to talk about TOSSED SALADS and ANAL SEX without fear of fines or censorship?”

Michael Powell: “She’s not. Um, you know the, the, the, the, this is a complaint that people make. You can always find another example of something and suggest well when are you going to act on that, I mean we do have complaints about Oprah that we haven’t to my knowledge to date ruled on but we are endeavoring to <inaudible>”

Ronn Owens: “Come on, She’s she’s she’s like the President. No one’s going to dump on her.”

Michael Powell: “I wouldn’t say that.”

Ronn Owens: “Oh, come on.”

Michael Powell: “I think the duty and the obligation of the commission is to enforce fairly and without regard to the notoriety of the particular personality.”

Media leadership nears changing of the guard

by David Lieberman in USA Today:

"Some of the top executives who shaped business and popular culture in the past 20 years or so as they built entertainment behemoths are preparing to move on. The ripples are likely to alter everything from corporate customs to the movies, TV shows, music, publications and technologies that the companies promote.

"There will be changes at these companies," says NBC Universal CEO Bob Wright, who got his job with the company in 1985 after General Electric bought the TV network. "The exciting part about the media business is that things can happen quickly, because you're not dependent on bricks and mortar."

Agency admits errors in deal with TV host

by Stuart Elliot in the New York Times:

"The Ketchum public relations agency has reversed course, apologizing for paying a company owned by the conservative commentator Armstrong Williams to promote the Bush administration's educational policies. The agency also promised to change its policies to prevent another such "lapse in judgment."

The apology, in a statement released Tuesday night, came after two weeks of criticism. The critics said Ketchum compromised industry ethical standards by not disclosing that it paid the Graham Williams Group $240,000 on behalf of a client, the Education Department, to have Mr. Williams praise the No Child Left Behind Act on his television show and in his newspaper column. Mr. Williams acknowledged the payments after they were disclosed by USA Today on Jan. 7."

FCC's Powell urges probe into payment to commentator

By Genaro C Armas in the Associated Press:

"Federal Communications Commission Chairman Michael Powell ordered an investigation yesterday into whether conservative commentator Armstrong Williams broke the law by failing to disclose he was paid by the Bush administration to plug the president's education agenda.

The investigation relates to provisions that require disclosure of such arrangements, Powell said in a brief statement.

The announcement came as FCC officials said thousands of complaints regarding Williams had come into the agency. No precise number was available yesterday. Free Press, a media reform advocacy group, had said it was forwarding more than 12,000 complaints to the FCC."