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Friday, February 25, 2005

Will the FCC Actually do its Job?

FCC Chairman Michael Powell has shown a unique knack for shirking the real responsibilities of the agency in favor of imposing a conservative agenda on the media. At the prodding of an enterprising lawyer and a tough reporter for The New York Times, though, Powell has been forced into action to uphold the basic tenets of United States communications law. The Times' Stephen Labaton has the story:

The Federal Communications Commission, in an abrupt about-face, has decided to reconsider a staff decision that allowed a prominent Oklahoma politician convicted of perjury and obstruction of justice to sell a group of radio stations, officials said on Friday.

The decision to approve the sale was considered by some media experts to be a significant deregulation of the broadcast ownership rules, because the agency has long required the forfeiture of radio licenses to the commission by those who fail a character test. The character test, which requires truthfulness in dealing with the government, is an integral part of the media rules, because owners of radio licenses hold a public trust and are obliged to act in "the public interest."

The commission had never considered a case involving a conviction of perjury before a federal agency, according to officials.

But the commission has revoked licenses for a variety of other crimes, from sexual abuse of a minor to fraud to dealing in illegal narcotics. The character guidelines also make clear that truthfulness is a central element of the rules.
One of the largely unnoticed changes made by the Bush administration has come in the field of media regulation. On one hand, almost all limits on corporate ownership have been removed, enabling levels of consolidation that drastically reduce real choice. On the other hand, Bush and Powell have acted with unnecessary force to prohibit "indecency." It is thus refreshing to see Powell actually doing his job now -- even if he is slated to leave next month (which we're all happy to see).
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