-Caveat Lector-

from - http://www.alternet.org/story.html?StoryID=12281

Goodbye Digital Democracy
Steven Rosenfeld, TomPaine.com
January 23, 2002

Jeff Chester is executive director of the Center for Digital Democracy, a
nonprofit organization working to ensure that digital media systems serve the
public interest. He's been monitoring Federal Communications Commission lobbying
and deliberations over rules concerning media ownership, mergers and
acquisitions and control of programming and cable access. The FCC is poised to
redraw the rules for modern media companies and according to Chester, public
interest issues don't even have a seat at the table. Steve Rosenfeld interviewed
Chester for TomPaine.com.


The Federal Communications Commission, which regulates the public airwaves and
media providers, is poised to make a number of important, if not historic
decisions on media ownership and monopolies. What's the scope of these issues
before the FCC?

Jeff Chester: The future of our entire media and communications system,
including the Internet, is now literally up for grabs. The major media
industries -- cable and broadcasting and newspapers -- have been lobbying the
Federal Communications Commission, the Congress and litigating in the courts, in
order to be able to grow larger, more powerful, unencumbered. So the ability of
the media system to really support a diverse and wide range of competing
content, both commercial and non-commercial, is in doubt. The major media
companies are aggressively lobbying the FCC to end safeguards, which have for
decades ensured some diversity of ownership.


What about the Internet?

Chester: The Federal Communications Commission is also poised, because of cable
industry lobbying, to end the traditional policy of open access to the Internet,
which now places the Internet in jeopardy. So, what you have is this kind of
frenzy of lobbying activity, from broadcast, newspaper and cable interests, all
designed so their businesses can grow ever-larger. What's missing, of course, is
the role of the public and the public interest. The FCC is poised to eliminate
all of these public interest safeguards allowing a handful of media giants, from
the network television and cable TV industry, to grow even larger, more
powerful, with being able to extend their domain to the Internet as well.


I've heard you say there are four or five critical cases, each with differing
issues before the FCC. What are these cases?

Chester: The first is a long-standing safeguard that prohibits in one community
the common ownership of newspaper and broadcast stations. The vision that the
media industry really have, in terms of ownership is, that a single company in
one community could own the newspaper, several television stations, several
radio stations, the cable system, and potentially, even the phone company. We're
really talking about the creation of local media empires and, of course, fewer
companies owning most of the national U.S. media as well. Once these rules are
swept away, then a handful of companies will be able to, in essence, dominate
the news media in a community and extend that reach across the country.


So the first case concerns newspaper and broadcast mergers. What's the next one?

Chester: The second public policy now before the FCC are rules, which have
limited, up until now, the power and reach a particular cable company can have.
In 1992, the Congress, concerned about growing cable monopoly, ordered the
Federal Communications Commission to pass safeguards on cable system ownership.
Up until last March, when the courts overturned the rule, a single cable company
could only control no more than 30 percent of the nation's cable systems. And
there was a similar limit on the number of channels that that cable company
could control in any given community.

Well, companies like Time Warner, now AOL Time Warner, and AT&T and others,
chafed at this even modest a safeguard, and failing to get the Congress of the
FCC to overturn it, went to the courts. Under the FCC's review, it is very
likely that the new ceiling might be as high as 60 percent, in essence allowing
two cable companies to control all of the nation's cable television systems, and
with almost total control of cable channels.


But we're not just talking about cable mergers, isn't this also true for
broadcast television?

Chester: The other key public policy [under FCC review] is the current cap on
the number of television stations that a broadcast network can own. Right now
the networks, including Viacom CBS, and GE NBC and Disney ABC, are limited in
the number of stations they can own across the country. They're limited to the
number of stations that equal 35 percent of the television-viewing audience. The
big networks, including Fox, want to end that cap, so they can own an unlimited
number of stations, forcing local owners to sell. And so, with the elimination
if the ownership cap, which is expected soon by the courts, the FCC is likely to
weaken or end that safeguard as well.

And then the final critical issue is on the future openness of the Internet. Up
until now, the Internet has evolved because the FCC has required Internet
service over telephone lines to be open and nondiscriminatory. That has allowed
the Internet, in essence to grow as a democratic medium, permitting unlimited
numbers of Internet Service Providers to connect to the network and protecting
everyone's content. The cable industry is aggressively lobbying now, apparently
successfully, so that soon the FCC will declare cable Internet service,
broadband cable service, in a regulatory fashion that allows cable operators to
extend their monopoly -- that they have today over television -- into the
Internet digital era.


How is all this possible? I thought the FCC had a public interest mandate
written into law?

Chester: Michael Powell, the chairman of the Federal Communications Commission
appointed by President Bush, likes to say that, A, he really doesn't understand
what the public interest is. But that, in essence, allowing the market to work
will determine the public interest. In that way, Powell is a throwback to the
first FCC chairman under Ronald Reagan, Mark Fowler, who declared that
television was just another appliance. It was a toaster with pictures, and hence
the market could determine what people saw and what people paid for television.

There's obviously been very little press coverage of this, hardly any outside
trade journals. Where are media critics and media reporters on this story?

Chester: Certainly some of the leading media critics in the country should be on
this story, particularly those who regularly cover the newspaper industry,
because, as I mentioned, the newspaper-broadcast rule is now up for review and
possible elimination. It is unfortunate that people who should be taking a
leading role here, like Howard Kurtz of the Washington Post, or David Shaw of
the Los Angeles Times, have not yet tackled this issue. Yet their own papers,
one way or another, either directly or indirectly, are clearly lobbying the
Federal Communications Commission to end the broadcast-newspaper safeguard.

The public is simply unaware of how these public policies will affect their
media environment. This is an issue that is rarely covered in any kind of
detailed way by the news media, and when it is, it is often framed as a business
story, and never leaves the business pages.


So what's the timetable for FCC action?

Chester: The FCC is expected, probably by the summer, to make a decision on
rules related to broadcast-newspaper cross ownership and cable system limits.
Soon thereafter, they will likely do something on network television rules, and
they are expected within the next few weeks to end the open-access requirements
that cable television has [for the Internet].


To find out more about the FCC's pending decision to grant cable companies
monopoly control of Internet broadband access, visit the Center for Digital
Democracy's latest Washington Watch -
http://www.democraticmedia.org/news/washingtonwatch/cableInformationService.html

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