John Kerry on Delaying FCC Monopoly Vote

[David Farber <dave () farber net>]

Begin forwarded message:

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: December 18, 2007 4:26:38 PM EST
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] John Kerry on Delaying FCC Monopoly Vote

[Note:  This item comes from friend Janos Gereben.  DLH]

From: janosG <janosg () gmail com>
Date: December 18, 2007 11:43:53 AM PST
To: Dewayne <dewayne () warpspeed com>
Subject: John Kerry on Delaying FCC Monopoly Vote

Kerry to Martin: We're Not Gonna Take It
Submitted by Senator Kerry on December 18, 2007 - 10:13am.
<http://www.freepress.net/actionnetwork/node/335>

It’s great to be back addressing you here at the Free Press online  
community. You’ve all done a great job taking what used to be arcane  
telecommunications policy and injecting a very healthy dose of  
democratic activism into the mix.

As most of you probably already know, today is the day that Chairman  
Kevin Martin has decided the FCC will vote to relax the newspaper  
radio cross-ownership rule, which allow for greater concentration of  
ownership over the local media outlets across the country. The  
proposed rule is bad on the merits, and the process Martin has  
undertaken has been nothing short of disgraceful. He has ignored the  
duties chartered to the Commission, and he’s abrogated duties not  
chartered. He has undertaken a rush to judgment without any particular  
justification, choosing to ignore evidence that shows this rule change  
to be a step down the wrong path.

Kerry Challenges Martin
But we don’t have to take this lying down. I know a lot of you have  
already called or e-mailed your opposition to Chairman Martin’s  
proposal, and today’s your last day to try to delay the vote. And I  
just want you to know we’re doing all we can in the Senate to put some  
pressure on the FCC as well.

One particular problem with this rule is that studies have shown that  
greater consolidation of ownership discourages minority and women  
ownership over the media outlets. The FCC is specifically obligated to  
take that into account when considering these rule changes, but they  
haven’t given these questions nearly the attention they deserve. In  
fact, the Commission’s own studies show that the data collection on  
minority and female ownership of broadcast and telecommunications  
properties are incomplete and inadequate. Because of this, the Senate  
Commerce Committee made its intent clear by unanimously reporting out  
a bill that would expressly require the FCC to establish a panel  
investigating this issue and act on that panel’s recommendations  
before implementing the cross ownership rule change.

So far, the FCC has ignored this demonstrated intent. That’s why  
Senator Obama and I wrote a letter to Chairman Martin last week saying:

We believe that moving forward with this change will have a direct and  
detrimental impact on the state of media diversity. Should you decide  
to move forward with this vote against the expressed bipartisan,  
bicameral intent of Congress, we will approach Appropriations  
Committee Chairman Byrd with a request that funds be denied for the  
implementation of this rule.

Hopefully Chairman Martin will take seriously our recommendation. But  
to make sure he hears Congress’s message loud and clear, Senator  
Dorgan sent a letter which I cosigned along with 25 of my Senate  
colleagues raising a broader objection to the process undertaken by  
the FCC Chairman. In no uncertain terms, this letter states our  
intention to reverse through legislation any harm done should Martin  
push ahead with his ill-conceived proposal. The FCC just announced the  
rule in a press release on November 13, 2007 and set a comment period  
of just 28 days. As it says in the letter:

When you proposed a new rule on the effects of communications towers  
on migratory birds, you allowed for a 90 day comment period. How could  
you decide to allow 90 days for a migratory bird rule and then  
shortchange the public on the media ownership rule?

In that letter, we let Chairman Martin know that, even if he goes  
ahead with it, this fight is not over:

With this in mind we are writing to notify you that if you proceed to  
take final action on this rule on December 18th without having given a  
reasonable opportunity for comment on the actual rules and study the  
related issues, we will immediately move legislation that will revoke  
and nullify the proposed rule. We are notifying you and others of this  
proposed action in order to make certain you understand the  
consequences of ignoring the need for and the right of the American  
people to play a constructive role in attempts by a federal agency to  
change rules that have a substantial impact on the American people.

In light of this, we request and expect that you will postpone the  
action scheduled for December 18, 2007.

Chairman Martin has decided to try to ramrod his through agenda  
despite widespread public and congressional disapproval, ignoring the  
explicit bipartisan intent of the Senate Commerce committee. I truly  
hope Chairman Martin and the rest of the FCC realizes the mistake they  
are making. You have made your voices heard, but if the FCC doesn’t  
listen, we’ll have to take the fight right to them.

I’ll keep you updated.

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