FCC Denies Challenge, Renews KWWL License

By John Eggerton
Broadcasting & Cable

6/26/2006 1:24:00 PM

http://www.broadcastingcable.com/article/CA6347209.html


The FCC has dismissed a challenge to the license of Raycom's KWWL(TV) 
Waterloo, Iowa, and granted the station a new seven-year lease on life.

The license had been challenged over two station editorials that the 
petitioner said were motivated by undisclosed financial interest in the 
issues, and in one cast, was delivered without sufficient time for reply. 
The FCC concluded that it had little power to interfere with news 
decision-making, that private and public interests were not mutually 
exclusive, and that there was insufficient evidence that granting the 
license would, on its face, be inconsistent with the public interest.

One editorial was called "The Digital Age of Television" and advocated 
maintaining the 2009 hard date for the digital switch. The other opposed a 
ballot initiative creating a local telecommunications utility commission.

Raycom, said petitioner Richard C. Young, did not disclose that it had a 
financial interest in not extending the time during which it would have to 
simulcast analog and digital, and did not disclose that it had a financial 
relationship with a cable provider who would be directly affected by the 
creation of the utility commission.

In addition, Young said, the editorial on the utility commission came the 
night before the election, not providing the other side sufficient time for 
rebuttal.

The FCC pointed out that, since it had scrapped the fairness 
doctrine--almost 20 years ago--there was no guaranteed right of reply, so 
the station was not required to make any time available for rebuttal.

The FCC also said that news was the core programming protected by the First 
Amendment and that the Commission "has very little authority to interfere 
with a licensee's selection and presentation of...editorial 
programming.  Station KWWL(TV) exercised its good faith discretion in 
determining that the two editorials were relevant and important to the 
community it served."

As to the financial interest, Raycom said that was not its motivation, and 
the FCC said it didn't matter whether it was or not. The FCC's Media Bureau 
said that while "the public interest is paramount to the private interests 
of a commercial broadcast licensee," the FCC doesn't generally intervene if 
the private and public interests are not incompatible.  "The private 
interest in airing the two editorials, to the extent there existed one, did 
not pose a risk of harm to viewers," the FCC said.


=================================================
George Antunes                    Voice (713) 743-3923
Associate Professor               Fax   (713) 743-3927
Political Science                    Internet: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011         



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