February 2006

FCC Action Needed to Ensure Public Interest Has a Future

February 16, 2006 -- Today, Benton Foundation Chairman Charles Benton asked Federal Communications Commission (FCC) Chairman Kevin Martin to take advantage of an historic opportunity and bring clarity to the DTV transition. Based on legislation signed by the President last week, three years from this weekend the U.S. is set to have completed the transition to digital-only television broadcasting. For over a decade, the FCC has been considering the appropriate public interest obligations of digital television broadcasters, but has yet to fully clarify these obligations. In three years, when analog TV is finally turned off, so too will broadcasters’ mandate to obligation to serve the public interest, convenience, and necessity be left behind unless the FCC acts to extend meaningful obligations to the digital world. On a number of occasions, Chairman Martin has recognized the importance of defining the public interest. Now that he is Chairman, he has an opportunity, indeed a responsibility, to act. (see full text of letter at: http://www.benton.org/benton_files/bentonltr2-16-06.doc)

In 2001, then-FCC Commissioner Kevin Martin said, “I believe it essential to establish certain presumptions as to what we believe the public interest to be, and to specify broadly what factors the Commission will consider in making its decisions. To interested parties, this information is essential. I also believe good, efficient government requires it.” Today, FCC Chairman Kevin Martin has an opportunity to turn these beliefs into reality by accepting the recommendation of his own Consumer Advisory Committee to define the public interest obligations of broadcasters before June 2006.

In 2002, then-FCC Commissioner Kevin Martin said, “I believe it is extremely important for the Commission to resolve outstanding DTV-related issues quickly so that affected industries and consumers know the rules of the road.” Four years after his comments, FCC Chairman Kevin Martin has an opportunity to quickly resolve DTV related public interest obligations by elevating broadcasters’ public interest obligations on the Commission’s agenda.

In 2004, then-FCC Commissioner Kevin Martin, explaining his vote in favor of protecting children’s educational television in the age of digital television said, “I recognize that the action we take today will increase the obligations placed on broadcasters, but I also recognize the vital role that broadcasters play in serving the interests of children—and their parents.” Today, Chairman Kevin Martin should heed his own words and adopt new guidelines that ensure that broadcasters adhere to the law and serve the local educational, informational and civic needs of the children and adults in the communities TV stations are licensed to serve.

Today, 1550 TV stations in 211 U.S. markets are broadcasting digital television signals. But few U.S. households are receiving those signals with digital television sets. Charles Benton said, “It is time for the FCC to deliver a map – how do we get from here to February 2009? What will motivate consumers to make the investment in digital television technology? In an increasingly competitive video delivery world, content remains king and only through providing the rules of the road for broadcasters and viewers will consumers know if the programming that is central to their lives will be available on DTV. Our digital future is near, but we cannot forget the historical compact between broadcasters and communities that has made US broadcasting the envy of the world. Now is the time for the FCC to complete its work, protect our historical commitment to competition, diversity and localism, and ensure the public interest has a digital future.”

A private foundation since 1981, the Benton Foundation (www.benton.org) works to
advance a public interest vision and policy alternatives for the digital age and to demonstrate the value of communications for solving social problems. The foundation is based in Washington, DC.

From the fall of 1997 to December of 1998, Charles Benton was a member of the
Presidential Advisory Committee on Public Interest Obligations of Digital Television
Broadcasters. The Benton Foundation was designated to serve as a home of the Advisory Committee legacy, acting as an institutional memory and tracking the debate on and progress of the Advisory Committee's report and recommendations.

Currently, Benton is a member of the FCC’s Consumer Advisory Committee which, in November 2005, as one of its first official acts, called on the FCC to complete open proceedings on the public interest obligations of digital television broadcasters by May 18, 2006.

Recent Benton publications on the digital television transition include:

• Citizen’s Guide to the Public Interest Obligations of Digital Television Broadcasters (http://www.benton.org/pioguide/index.html)
• Getting to February 2009: Implementing the Digital TV Transition (http://www.benton.org/index.php?q=node/1257)
• Getting to February 2009: Outstanding DTV Transition Issues (http://www.benton.org/index.php?q=node/1258)

References

• Ten years of considering public interest obligations: see In the Matter of Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service 33-36 (MM Docket No. 87-268) (July 28, 1995) (http://www.fcc.gov/Bureaus/Mass_Media/Notices/1995/fcc95315.txt)
• 2001 Martin quote: Address to the Media Institute By Commissioner Kevin J. Martin Washington, DC (December 11, 2001) (http://www.fcc.gov/Speeches/Martin/2001/spkjm102.html)
• 2002 Martin quote: Statement on Review of the Commission’s Rules and Policies Affecting the Conversion To Digital Television, Second Report and Order and Second Memorandum Opinion and Order (MM Docket No. 00-39) (August 8, 2002) (http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-225221A5.doc)
• 2004 quote: Statement on Children’s Television Obligations of Digital Television Broadcasters, Report and Order (MM Docket No. 00-167) (September 9, 2004) (http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-251972A5.doc)