FCC’s Genachowski Backs Delay in Media Ownership Decision

The Minority Media and Telecommunications Council informed the Federal Communications Commission that it will conduct a focused, independent study on the effects of cross-ownership rules on minority ownership and newsgathering, in order to enhance the record in the FCC’s proceeding. The study is expected to take several weeks and will be filed with the FCC, after which MMTC suggests that the agency solicit public input, to be followed by a FCC vote. In this heavily-litigated area where a strong record is particularly important, I believe this is a sensible approach to moving forward and resolving the issues raised in this proceeding. The study addresses an issue of importance, will augment the record, and will assist the FCC in resolving the issues before it on the full record. In addition, a broad coalition of stakeholders has asked the FCC to clarify that foreign investment above 25 percent in broadcast stations could be in the public interest in particular cases. Today, the FCC’s Media Bureau is issuing a Public Notice seeking comment on this issue.

FCC Commissioner Robert McDowell said, “Although I firmly believe that the record regarding the Commission’s newspaper/broadcast and radio/television cross-ownership policies more than sufficiently justifies the immediate elimination of these outdated rules, I respect adhering to a prudent process that allows for the submission of the proposed Minority Media and Telecommunications Council study, along with expedient but adequate public comment.”

“I applaud the Minority Media and Telecommunications Council," said FCC Commissioner Mignon Clyburn, "for embarking on a study that could shed greater light on any potential harms that may result from increased media consolidation. The Commission is in need of data that will enable it to make timely, smart, and forward-looking decisions while taking into account America’s changing media landscape. I look forward to the results of the study, and am very pleased that such an examination is taking place.”

Press Policy Director Matt Wood said, “We are glad the FCC is backing down from its rush to relax its media ownership rules. It’s about time the FCC admitted that it does not have the evidence to take this step. However, we have serious reservations about the proposed study's ability to meet the clear demands of the federal appeals court. The enthusiasm for these studies expressed by the broadcast lobby and its close allies gives us further pause. We are skeptical, to say the least, of a study to be conducted by an analyst that has previously endorsed the FCC’s weakening of its longstanding rules. We wouldn’t presume to judge any study before it is completed, but the work of researchers with long-standing ties to the broadcast industry is no substitute for independent, peer-reviewed research. Based on our understanding of this qualitative study's methodology, however, we have serious concerns about its ability to provide useful information. And even with considerable improvements to those methods, the study's designers would have to acknowledge that it cannot provide definitive information that would satisfy the Third Circuit's directives.”