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Sunday, 29 May, 2005
 
We want the airwaves

Last Monday my friend Robert passed on something from one of the listserves he's on. I avoid listserves when I can. It was an invitation to join an online petition from a sub group of civil rights org. Twenty Million Americans Demand a Seat at the Table When Congress Makes New Telecomm Policy Press Release, May 9, 2005 : Media and Democracy Coalition. The petition itself would sign one on to the Bill of Media Rights. This document makes three essential requests from the FCC:

  • Media That Provide "An Uninhibited Marketplace of Ideas"
  • Media That Use The Public's Airwaves To Serve The Public Interest
  • Media That Reflect And Respond To Their Local Communities
By public interest they mean: "Meaningful participation in government media policy, including disclosure of the ways broadcasters comply with their public interest obligations, ascertain their community[base ']s needs, and create programming to serve those needs." By response to local communities: " Public broadcasting insulated from political and commercial interests that is well-funded and especially serves communities under served by privately-owned broadcasters."
It seems that it's time for congress to review the FCC's chartering legislation. I am a little confused by this petition; though. It seems to only be asking for persons who can pledge an organization to sign it. It's not a public petition. Maybe Robert can talk the Dean into signing on behalf of UMCP libraries. I see the United Church of Christ (Congregationalists - my church) has already signed.

There is also an accompanying document; a 24 page report written by the advocacy group Common Cause "Fallout from the telecommunications act of 1996 : Unintended consequences and lessons learned". A three page executive summary (much of what was also in the body of the press release) at the beginning hits the high lights. It gives bulleted points against two headings: who the industry players are and what they want out of the legislation, and the legacy of the Telecommunications act of 1996. In between there are tables that list campaign donations and lobbying expenditures by these industry players. I recommend this much highly even to the casual reader. The FCC oversees a big chunk of the media and the media is American life. The impact of consolidation of media on news reporting and the political marketplace of idea's is what led me to read through the whole document. The body of the report examines the FCC's mandate by its main areas of oversight with sections on radio, cable television, broadcast television, digital broadcast, and telephony. I'm vaguely aware that the 1996 Telecommunications act was the culmination of a 25 year long de-regulation effort and this document revisits some of the sweeping claims that were made on its behalf. These do not appear to have materialized. In words from the report:

Over ten years, the legislation was supposed to save consumers $550 billion, including $333 billion in lower long-distance rates, $32 billion in lower local phone rates, and $78 billion in lower cable bills.11 But most of those savings never materialized. Indeed, Sen. John McCain (R AZ), who opposed the legislation, noted in 2003: "From January 1996 to the present, the consumer price index has risen 17.4 percent ... Cable rates are up 47.2 percent. Local phone rates are up 23.2 percent."12
The rosy predictions that passage of the Telecom Act would create 1.4 million jobs and increase the nation[not equal]'s Gross Domestic Product by as much as $2 trillion also proved false.13

It's easy to look at this counterfactual documentation as refuting de-regulations claims, but the concept of de-regulation is so ingrained and internal to conservative views of the free market that as a practical matter they don't. There are always reasons to explain apparent failure and the cure inevitably is more de-regulation. The market has not just an invisible hand, it has invisible benefits to go with it. Part of this difficulty is in mistaking the cheerleaders of the market for genuine adherents - they make such convincing and stalwart champions it is easy to overlook that actual rigorous open markets is the last thing any of them want. They want their markets to be regarded as a private matter, of concern only among themselves.This they see as the existing set of players and any new entity willing to barter or bargain (but never break) into the game.

Out of this certain pernicious effects seem to have materialized, again from the report:
"Obeisance to the bottom line has meant that local TV stations, increasingly owned by out-of-town corporations, are producing less local news or none at all...The law extended the terms of broadcasters[not equal]'' TV licenses, and made it much more difficult for those licenses to be revoked"

Cable companies vertically assemble and produce more of their own content, less to little or no programming comes from new sources of entry into media-casting. The giveaway of the digital broadcast spectrum is an especially egregious instance. Broadcasters won the right of being given HDTV spectrum free for putting it in place, but now envision using much less of it for digital broadcast, carving the rest up for secondary revenue streams and seem bent on keeping their current analog spectrum the return of which to the FCC was part of the original trade.the baby bells did not live up to their bargains and even aggressively went against them using the courts and legislature to change the terms of agreements made. SBC's campaign to buy ATT fits here. More broadly the authors quote a Clinton Administration official: "But the lesson we learned was that you have to lean more on the side of the public interest because the companies will push back after the law is passed in the courts and in Congress".

One of the last things I want to pull out of this report is where it notes: "Equally important, the law directed the FCC to re-evaluate its telecommunications regulations every two years, and to[not equal] "determine whether regulation is no longer necessary in the public interest" If the FCC makes that determination, it must streamline or eliminate the regulation in question.70" From the onset of the 1996 act and certainly under the current administration the FCC has followed a policy that the only correct route to the 'public interest' is through the market. The market those who it regulates ask for. The Telecommunication of 1996 and every iteration previous to its founding relied on FCC to be watchdog regulatory body. What rulings it has issued show tendency to see organized public interest bodies as mere special interests, but not corporate bodies. The only notable exceptions lay entirely among the organized social conservative groups that impact vote totals for republican candidates. The Public Interest as named and desired by Media Bill of Rights simply does not exist to the current FCC. They have vacated their trust and need to be told this.


11:32:00 PM    comment [];trackback [];


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