Benton Foundation Stresses Need to Include Public in
New Media Ownership Proceeding
Public participation results in better policies,
enhances the sustainability of any decision in court
Background: Today, the Federal Communications Commission (FCC) initiated its Quadrennial Regulatory Review Regulatory Review of Broadcast Ownership Rules. The FCC last began a review of ownership rules in September 2002. The resulting rules, adopted in June 2003, were stayed and later remanded by U.S. Court of Appeals for the Third Circuit. Today’s action marks the beginning of what should be the most comprehensive look at media ownership regulation ever undertaken by the FCC. The stated objective of this proceeding is to develop ownership rules and policies that are reflective of the current media marketplace, are based on empirical evidence, and are analytically consistent.
In 2004, the 3rd Circuit Court sent back the FCC’s new media ownership rules on the grounds that the evidence and reasoning presented did not justify the changes as serving the public interest. The judges also explicitly acknowledged that the broad, bipartisan opposition to the FCC’s actions influenced their assessment of the case and whether a stay was in the public interest. During the last FCC media ownership proceeding, 2.3 million American consumers – more than for any proceeding in the Commission’s history – wrote to the Commission asking it to preserve its media ownership rules. They implored the Commission to protect local broadcasting, diversity of programming and opinion, and the ability of small businesses, minority and women-owned businesses, and new entrants to compete with the huge media and communications companies.
The following statement is from Benton Foundation President and former-FCC Commissioner Gloria Tristani:
The Benton Foundation applauds the FCC for finally tackling this issue, but it should heed the lesson of its previous media ownership proceeding and this time adopt a more open, more inclusive process as it considers any changes to its rules.
The FCC is part of our democratic system of government. Where there is an overwhelming response by Americans, the Commission should take notice.
Public participation results in better policies, improves the likelihood for better buy-in from the American people, provides for a more complete record of media consolidation’s impact on local communities, and likely enhances the sustainability of any Commission decision in court.
The Benton Foundation is a member of the FCC’s own Consumer Advisory Committee which is charged with making recommendations to facilitate the participation of consumers in proceedings before the FCC. Benton has been working with other Advisory Committee members to call on the FCC to:
• begin a comprehensive proceeding to adopt rules that will promote the core values of localism, competition, and diversity, and that will expand the multiplicity of voices and choices that support our marketplace of ideas and that sustain American democracy and creativity,
• schedule and attend a series of hearings across the country to engage the American people on the future of their media and to gain a better understanding of the impact of media concentration on our communities,
• compile a far more complete record, including independent research studies on media concentration in a variety of markets, so that the Commission can make a decision that has a more solid foundation than the last failed effort, and
• in releasing a Notice of Proposed Rulemaking, provide full notice and a significant comment period on the specific proposals, as warranted, so that the public knows what new rules the Commission is considering.
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.