Senators threaten to nullify FCC cross-ownership vote

(December 17, 2007) A bipartisan group of 25 Senators including Byron Dorgan (D-ND), Trent Lott (R-MS), Daniel Inouye (D-HI), and Ted Stevens (R-AK) has written to FCC Chairman Kevin Martin to tell him that if the commission goes ahead with its planned vote on the media-ownership rules, the group will "immediately move legislation that will revoke and nullify the proposed rule."

The letter follows a warning from Sens. Barack Obama (D-IL) and John Kerry (D-MA) that they will ask the Senate Appropriations Committee to block funding for the new rule to be implemented if Martin goes ahead with the vote. Obama and Kerry are among the 25 signers of the letter threatening new legislation.

Martin released his proposal to relax the newspaper-broadcast cross-ownership ban in the top 20 markets under certain circumstances on November 13, and the Senators think a December 18 vote "short-circuits the public comment period that would normally accompany a major rule change of this type."

"You claim that you have given the public adequate opportunity by holding hearings across the country on media-ownership issues and allowing a 120-day comment period," they write to Martin. "But no one attending those hearings or submitting comments could have been prepared to assess a proposed rule that did not exist." The last of the FCC's six media-ownership hearings was held November 9 in Seattle.

The letter also notes that the Senate Commerce Committee has passed the Media Ownership Act of 2007 -- which would delay any FCC vote on new ownership rules until after a new localism proceeding, the results of an independent panel on female and minority ownership, and a 90-day comment period on any proposed rules change -- and reiterates, "We believe you have shortchanged the comment process and you have not completed a full review of localism prior to forcing a vote on the rule change dealing with media-ownership limits."

The letter, which was copied to the other four FCC Commissioners, concludes, "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."

The FCC's December 18 open meeting is set to begin at 10:30 a.m. ET.


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