IP: FCC commissioner says time to nix regulations

[Dave Farber <farber () cis upenn edu>]

Date: Wed, 22 Apr 1998 13:00:28 -0700 (PDT)
From: Declan McCullagh <declan () well com>


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http://cgi.pathfinder.com/netly/afternoon/0,1012,1925,00.html


time.com / The Netly News / Afternoon Line
April 22, 1998


Medium Not-So-Rare


   Broadcasters and free-marketeers have long criticized the idea that
   the FCC may regulate the airwaves because the radio and TV spectrum is
   a scarce, limited resource. Today an FCC commissioner agreed with
   them. The FCC used scarcity to justify regulation "while
   simultaneously pursuing policies designed to ensure scarcity
   continues," Michael Powell (son of Colin) said at a luncheon speech to
   the Media Institute. "We must take the truth about the scarcity of
   broadcast media out of the closet rather than engage in continued
   denial," Powell said. The Supreme Court upheld these regulations in an
   influential 1969 case, Red Lion Broadcasting Co. v. FCC, which
   concluded airwaves were still "a scarce resource" and thus subject to
   government "restraints." Powell said "advances in technology" like the
   Internet and digital convergence mean it's time to ditch Red Lion: "It
   will become impossible to separate broadcasting." What this could mean
   is an end to indecency regulations, radio and TV station ownership
   regs and children's programming requirements -- not to mention some
   proposals to regulate the Internet. But former FCC commissioner James
   Quello told us afterward that Powell may have a tough time convincing
   the more regulation-happy commissioners. Even with Harold
   Furchtgott-Roth's support, Quello said, any vote would be a
   close-but-not-enough 3-2. --By Declan McCullagh/Washington






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