February 9, 2007
The Honorable Edward J. Markey
2108 Rayburn House Office Building
Washington, DC 20515
Dear Chairman Markey:
On behalf of the Benton Foundation and the Campaign Legal Center, we urge you to press the Federal Communications Commission to explain its failure to define the public interest obligations of digital broadcasters. More than 12 years since first asking for public comment, the Commission has yet to complete this task. The February 15 hearing of the Subcommittee on Telecommunications and the Internet offers an opportunity to raise the issue of public interest obligations with the full slate of FCC commissioners. We urge you to seek a complete explanation for this glaring omission and to inquire about the Commission’s plan to rectify the situation. The spectrum occupied by digital broadcasters is an extremely valuable public resource for which the American people deserve something in return.
The appointment to the FCC’s Consumer Advisory Committee (CAC) of 20 additional members in early 2005 by FCC Chairman Kevin Martin appeared to be a promising start in regard to establishing public interest obligations. But the Chairman’s follow through has fallen woefully short of the mark. The full, 55-member CAC made public interest obligations its top initial priority and in November 2005 recommended that the FCC act within six months to outline basic and meaningful public interest obligations and disclosure rules for digital television broadcasters. Since receiving this recommendation the Chairman has neither moved forward on this matter nor responded to Advisory Committee inquiries about the Commission’s progress.
The Consumer Advisory Committee recommended the FCC issue reports and orders on two pending docket items: MM Docket No. 99–360, Public Interest Obligations of TV Broadcast Licensees; and MM 20 Docket No. 00–168, Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations. Prior to the Consumer Advisory Committee’s recommendation, these two docket items languished before the Commission for six and five years, respectively.
The FCC’s inaction on the basic public interest obligations is inexcusable. With the February 17, 2009, analog-to-digital transition deadline looming, the Commission has the responsibility to set bright-line expectations for broadcasters and the public to ensure the interests of the American people are represented in the digital transition. With the exception of DTV programming for children, the FCC has ignored this responsibility. Not only will clear public interest obligations promise relevant and quality programming for viewers, but they will create greater certainty for broadcasters who are already planning programming in an exclusively digital world.
It is deeply disappointing that the FCC has failed to provide guidance to the American public and broadcasters for what both parties can expect in the digital age. Congress has led the way by reaffirming in the Telecommunications Act of 1996 broadcasters’ obligation to serve the “public interest, convenience, and necessity,†and by establishing the analog-to-digital transition deadline. But, regrettably, the FCC has not lived up to its responsibility in this matter. Next week’s hearing offers an opportunity to remind the Commission about its responsibilities in this process.
Please find attached to this letter a timeline of the FCC’s action, or more accurately its inaction, on the public interest obligations of television broadcasters. The 12-year timeline highlights the frustrating stops and starts the Commission has subjected both the American people and the broadcasters to on this basic and vitally important issue.
If we can answer any questions or be helpful in any way, please do not hesitate to contact us. Thank you for your time and consideration
Sincerely,
Meredith McGehee Charles Benton
Policy Director Chairman
Campaign Legal Center Benton Foundation
(202) 736-2200 (847) 328-3040
ENC: Public Interest Obligations of Digital Television Broadcasters Timeline 1995–2007
CC: House Subcommittee on Telecommunications and the Internet