U.S. Senator Barack Obama

Speaking in Chicago, a representative for presidential hopeful Barack Obama urged the Federal Communications Commission not to propose new media ownership rules without opening them up to public comment first.

"In the spirit of transparency and because of the importance of this issue to our democratic discourse, I strongly request that the FCC put out any specific changes they intend to vote on in a new notice proposal rulemaking, so that the American people have the opportunity to review them," Obama's spokesperson Corey Bennett told the audience at today's FCC hearing on media ownership, held at Operation Push's Chicago headquarters.

"The current hearings are an important examination of the issues to the hypothetical rules, but any specific changes should receive public review and comment."

The crowd politely applauded the remark, saving their enthusiasm for more rousing comments against media consolidation. Probably few realized that the U.S. Senator from Illinois had touched on a raw issue within the Commission.

These hearings are part of a lengthy proceeding on whether to relax the FCC's media ownership rules. Up for grabs are regulations limiting how many radio, TV stations, and newspapers a single entity can own, as well as how many TV household a single company can reach nationally.

This week a coalition of telecommunications companies launched a campaign to fight what they say are the efforts of big carriers to use Federal Communications Commission "forbearance" petitions to eliminate competition in their markets. The petitions allow incumbent companies like Verizon and AT&T to obtain FCC waivers from rules requiring them to offer their "local loops" to smaller companies at competitive rates. Critics argue that this maneuver deprives communities and local businesses of access to affordable and innovative new broadband services.

"The Bells today are making forbearance petitions their tool of choice to eliminate regulations that foster competitive entry and a competitive marketplace ensuring choice for consumers," the coalition charges. "Yet, the Commission has never adopted rules to handle these critical petitions."

This morning LLFCC caught up with Tom Cohen, an attorney who represents competitive telecommunications outfits such as XO and Covad. Cohen brought us up to speed on the issue.

Twenty seven media reform organizations have filed comments with the Federal Communications Commission calling on the agency to require all TV stations to air public service announcements (PSAs) on the 2009 transition from analog to digital broadcasting.

"The Commission must remain vigilant in enforcing rules so that consumers are aware of their rights and protected from unscrupulous vendors, access by people with disabilities is ensured, and the transition has a positive impact on consumers," declares the September 17th commentary, filed by the Benton Foundation, a public interest group.

The statement puts the media reform movement on a collision course with the National Association of Broadcasters (NAB), which on the same day submitted comments demanding that the FCC refrain from regulating the industry on the "DTV transition."

Approaching deadlines

By order of the United States government, February 17th, 2009 will be the last day of analog broadcasting. The next day all television stations in the United States and its territories must broadcast via digital signals. The FCC has asked for public comment on whether the agency should require broadcasters to run PSAs alerting the public to the transition and the availability of free $40 coupons, good toward set top boxes that can convert older analog TVs into digital receivers.

A banner hanging outside the National Association of Broadcasters HQ in Washington, D.C. Thanks to Bennett Kobb of 26mhz.us, who took this photo and let LLFCC use it. Related story here

Everything is under control, the National Association of Broadcasters (NAB) told the Federal Communications Commission today (September 17). No need to require TV stations to run public service announcements (PSAs) on the impending digital or "DTV" transition.

"We urge the Commission to refrain from imposing specific on-air education requirements," NAB wrote to the FCC. "Not only are they constitutionally suspect, but they could inadvertently impede the success of the campaign."

The government has set February 17th, 2009 as the last day for over the air television stations to broadcast using analog transmission. After that day all TV stations must broadcast digitally.

But a very large percentage of the U.S. population, especially the elderly and poor, do not know that their estimated 19 to 21 million analog TV sets will not work after that date. The Department of Commerce's National Telecommunications Information Agency (NTIA) will, beginning on January 1st, offer every American two coupons worth $40 each—good towards set top boxes that will allow older analog sets to pick up digital signals.

 Apparently it wasn't enough for National Public Radio (NPR) to file lengthy opposition statements in July and August with the Federal Communications Commission against the proposed XM/Sirius merger. On Wednesday, September 12th, an NPR Vice President met with assistants to three FCC Commissioners to reiterate public radio's call for a veto on the union of the two satellite radio services.

NPR's Mike Riksen told FCC staffers that "the SDARS [Satellite Digital Audio Radio service] market safeguard is a rule prohibiting the merger of the only two SDARS providers [XM and Sirius] and that it should neither be waived nor modified in this case."

What this means in non-eye glazing English is when the FCC authorized the SDARS service in 1997, the agency added a proviso that no single entity should be allowed to control all the allocated spectrum. NPR wants the FCC to stand fast to that rule.

The question is why National Public Radio , which doesn't file with the FCC all that much, has become so adamant and aggressive about this issue? NPR has offered a variety of arguments against the merger. LLFCC finds most convincing among them the fear that a united XM/Sirius will put it at a disadvantage on the satellite platform.

Three advocacy groups charge that the Federal Communications Commission has not provided enough time for the public to consider its ten new studies on media ownership. Not only that, say Free Press, the Consumer Federation of America, and the Consumers Union, but the FCC is being stingy with access to the data on which the studies are based.

"The Commission cannot expect the public to be able to address these studies when it provides limited access to much, though not yet all, of the necessary underlying data more than a month into the comment period," the three groups wrote to the FCC on September 11th. The Commission posted additional related data to the studies in early September.

The contested media surveys, part of the Commission's ongoing media ownership proceeding, have always been a source of suspicion and acrimony within the FCC. The agency announced their launching just before Thanksgiving last year, apparently without telling either of the Commission's two Democrats very much about them.

The recent move by three media reform groups to challenge the Federal Communications Commission's ten media ownership studies is not the first time that the Data Quality Act (DQA) has been used in this proceeding. Some months ago, its author, former Nixon/Reagan administration official Jim Tozzi, invoked the obscure law to dispute another report: the FCC's famous "deep sixed" localism study.

You may have to be somewhat
older to get this reference.

That document was reportedly squelched by the agency's then Chair, Michael Powell, because he did not like the study's conclusion that locally owned TV stations generate more local news.

After the report mysteriously resurfaced and was cited by Senator Barbara Boxer at a Senate Committee hearing, Tozzi filed comments with the FCC contending that it didn't pass muster with the DQA.