Tag: fcc commissioner

Senators McCaskill & Klobuchar Understand The Biggest Problem in Telecom Policy: Changing How Policy Gets Made

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If their performances at Tuesday’s Senate Hearing on Universal Service Fund Reform (USF) are any indication, I am definitely going to become a huge fan of Frosh Senators Claire McCaskill (D-MO) and Amy Klobauchar (D-MN). After listening to FCC Commissioner Deborah Tate (who chairs the Federal-State Joint Board on universal Service that oversees the Universal Service Fund) explain that USF reform has stalled because it has been impossible to get “consensus” from the industry “stakeholders,” Senator McCaskill said:

What you’re basically saying to us is the FCC is incapable of moving forward on reform unless all the people who are making money say it’s OK, and that’s hard for me to get my arms around.

Senator Klobuchar echoed similar incredulity and disbelief.

I hope these two maintain that sense of disbelief and outrage. Because the ideas espoused by Tate on the proper role of the FCC and Congress have become so embedded in telecom policy that even friends of the public interest take it as a given.

But hopefully, thanks to McCaskill, Klobuchar, and the other progressive “freshmen,” that may change.

More below . . .

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FCC Commissioner Adelstein Kicks Off Academic Pre-Conference in Memphis

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Hello all from the Memphis Tennessee Convention Center. While the Free Press National Conference on Media Reform does not officially open until tomorrow, Free Press and the Social Sciences Research Center (SSRC) have co-sponsored an academic pre-conference for today, with a goal of promoting greater coordination between academics and activists and encouraging more academics to get involved in the substantive policy debates.

Craig Calhoun of SSRC and Robert McChesney of Free Press did a good job introducing the conference. But the real star of the morning was FCC Commissioner Joathan Adelstein.

I couldn’t have wished for a better speech. If Adelstein doesn’t read my blog (and I rather doubt he does), I take it as prof that “great minds think alike.” He savaged the neo-cons and others who rely on “faith based” research and regulation, and an FCC that has allowed the corporations it regulates to control both the framing of the debate and the information used for policy. Because the FCC has consciously decided not to “burden” the industry with reporting requirements that would provide an accurate picture of the industry (altough they provide exactly this information to investors and the SEC), the “expert agency” is now “starved for information” and reduced to writing “advocacy pieces” for industry or reports devoid of meaningful data and analysis.

On the plus side, according to Adelstein, we have truth on our side and a massive reserve of talent and ability. We have already accomplished amazing things. With greater coordination and effort, we can do more.

Details below . . . .

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FCC Hearings and Home Court Advantage?

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The FCC has now announced the schedule for the first of six public hearings on media ownership to take place outside of Washington DC. According to the official announcement, the FCC will hold two separate hearings in the Los Angeles area next Tuesday, October 3. One at USC from 1:30- 4:30 p.m. and the other at El Segundo High School in El Segundo from 6:30-10:30 p.m.

Of possible interest is the fact that the Mayor of El Segundo, Kelly McDowell, is the brother of Republican FCC Commissioner Robert McDowell. As Commissioner McDowell remarked at his confirmation hearing last spring:

> “My oldest brother, Kelly McDowell, is the mayor of El Segundo, California. And if you’ve ever flown
> into Los Angeles Airport, you’ve flown into my brother’s town.“

It certainly makes sense for McDowell to want to have a hearing in his brother’s home town, and for Martin to acquiesce. For one thing, it will certainly raise the visibility of the hearing for El Segundo residents and local press. It makes getting a community location and local coordination easier. Heck, if my brother were mayor somewhere, I’d want to have a hearing in his town. And, as Robert McDowell observed, it’s close to the airport. Given that the Commissioners will be on red-eye flights going home, that has to be convenient.

On the other hand, it raises obvious concerns about giving pro-consolidation folks a ”home court“ advantage. As Mayor, Kelly McDowell is uniquely positioned to encourage witnesses who will support the current FCC’s policy of relaxing ownership rules while subtly discouraging attendance by folks who might challenge accepted FCC positions.

This puts the pressure on Martin to ensure not merely impartiality, but the appearance of impartiality. After the recent reports that — prior to Martin becoming chair — the FCC suppresed studies demonstrating the negative impacts of media consolidation, public trust for the FCC as an institution interested in an impartial investigation and analysis of the facts is at an all-time low.

Martin has already taken a good first step in neutralizing any accusation of bias. The FCC will have a hearing at the USC in Los Angeles before going out to El Segundo. This same location recently hosted a media ownership event sponsored by media activists and attended by FCC Commissioners Copps and Adelstein, neutralizing any ”home court advantage“ for indusry on at least the first hearing.

But the FCC has yet to announce how it will assign seats or provide ”open microphone“ opportunities at either hearing. Nor has the FCC yet announced its witness lists. A highly suspicious audience will look carefully to see if the ”local leader“ pool is stacked with pro-consolidation witnesses, while local leaders, local business folks and residents opposed to consolidation don’t make the list. It is essential to any appearance of fairness that the FCC announce procedures for getting seats and signing up for speaking opportunities well in advance, and adopt procedures that give as many people as possible a chance to speak.

Martin has repeatedly proven himself a man who plays hardball, but an honest game of hardball. He has demonstrated sophisticated political skills while navigating highly controversial issues. Unlike his predecessor Michael Powell, Kevin Martin has proven time and again that he recognizes the value of meeting with people with whom he disagrees, and actually listening to what they have to say.

But real public hearings that foster genuine public input provide challenges for even the most skilled. That’s why Republicans in this administration have assidulously avoided them, preferring ”town meetings“ filled with supporters and lackeys. The media ownership hearings provide an opportunity for Kevin Martin to show his commitment to real openness — if he can resist the urge to use a ”home court” advanatge.

Stay tuned . . . .

Enforcement Staff Respond to Application of Clue By Four to Head

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After the very public tongue-lashing from FCC Commissioner McDowell as part of deciding the Comcast/TW/Adelphia transaction, the “lazy and indolent bureaucracy” charged with processing cable complaints has finally issued an Order designating for hearing MASN’s complaint that Comcast refuses to air the DC Nationals games violates the law. Sort of. There are a few interesting little oddities, as well as a big, heapin’ WHAT THE HECK TOOK SO LONG!

We’ll have to see if they now move to the other proceedings — such as the leased access rulemaking — promised in the Adelphia Order, or if this is just a one shot because Washington Nationals coverage (or lack thereof) has become such a sore point for folks here in DC. But it gives some modest hope that (at least for the moment) the FCC has some genuine interest in actually enforcing the laws already on the books that limit the ability of cable operators to abuse their market power.

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Why wait for the Daily Show for Fake News?

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This goes back a ways. Between vacation for Passover and the net neutrality fight, this fell a bit by the wayside. But it is still an important issue.

Back on April 6, my friends over at Free Press, working with the Center for Media and Democracy, have issued a rather stunning report on how local television stations rebroadcast “video news releases” — press releases created by corporations — as real news. For example, a “news story” about a new drug treatment may, in fact, an advertisement created by the drug company and packaged to look like a news report.

Free Press subsequently hosted a “blogger briefing” call, which you can listen to here. FCC Commissioner Jonathan Adelstien spoke. And I attended wearing my blogger hat.

My thoughts on this most recent disclosure of how pathetic our news media has become below.

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Comcast/TW/Adelphia Deal In Trouble — Update

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Back in December 2005, I wrote this piece suggesting that it might not be smooth sailing for the proposed deal between Comcast and Time Warner to split the bankrupt Adelphia systems between them and achieve total cable dominance. At the time, I was a lone voice suggesting that the split at the FCC might force the companies to chose between accepting conditions or walking away, especially as Adelphia creditors demand that the parties close the deal and come up with the money.

Apparently according to this article in Variety, I am no longer a lone nut or in denial. The endless delay and the likelihood that the FCC will impose conditions (despite the party-line green light the Federal Trade Commission gave at the end of January) has a number of analysts suggesting the deal may crumble in the face of creditor concerns and possible “deal breaker” conditions on access to regional sports networks and net neutrality.

Meanwhile, Robert McDowell’s nomination as fifth FCC Commissioner, on whom Time Warner and Comcast pin their hopes to break the tie and prevent real coditions on the merger, remains stuck in the Senate. McDowell is non-controversial, but scheduling a vote remains hostage to the vagaries of Senate politics. Senators can place a hold on any nominee for any reason. McDowell has been caught up in various controversies and thus remains in limbo. Given the short legislative calendar this session, because folks want to rush back home and campaign, it is possible that McDowell will remain in limbo until the fall. Or he may get cleared by a Senate vote when they come back this week.

If you were an Adelphia creditor, would you want to bet on the timing? Or would you rather see the deal close? And that gets you fighting with TW and Comcast.

Hmmmm….. maybe the other bids weren’t so bad after all. Anything would clear more easily than this mess. And wouldn’t it be nice to get paid?

Stay tuned . . . .

Senate Confirms Tate and Copps

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Late last night the Senate confirmed Deborah Tate and Michael Copps for the FCC Commissioner slots. I’d like to think it was my eloquence shaming them into sanity, but I doubt it anyone on the Hill reads this blog (Wonkette this ain’t).

My congratulations to new Commissioner Deborah Tate and reconfirmed Commissioner Michael Copps. Sad for me, I will have to work for a living in January after all.

Stay tuned . . . .