Showing posts with label FCC. Show all posts
Showing posts with label FCC. Show all posts

Friday, January 26, 2007

FCC Hid Data on Media Ownership

Spiked Study Leads to New FCC Query

By JOHN DUNBAR
The Associated Press
Thursday, January 25, 2007; 10:40 PM

WASHINGTON -- When the government decided to take a hard look at how well broadcasters were serving their communities, two economists at the Federal Communications Commission got a research idea: They would look at whether locally owned TV stations produced more local news than stations owned by companies based outside the area.

They found that local ownership resulted in more local news coverage. They also realized they had turned up what one of the researchers, economist Keith Brown, called "inconvenient facts." The findings were at odds with what their agency, under heavy lobbying from the broadcast industry, had endorsed.

The months-long study was spiked by the agency with "no plausible explanation," Brown says. He suspects it was because the conclusions were at odds with the shared position of the FCC and the broadcast industry: that media ownership rules were too restrictive and should be loosened.

Three years after Brown and the other economist, Peter Alexander, did their work, a copy of the study surfaced, sparking controversy. Its apparent suppression, and the alleged deep-sixing of a second research study, have prompted an investigation by the FCC's inspector general.

While that review is not yet complete, interviews with past and present employees of the FCC by The Associated Press reinforce Brown's account. Economic research reports were at times altered to reflect a more favorable view of lifting ownership caps, and at least in some cases they were spiked altogether, they said.

Moreover, there are new concerns that an FCC management directive, issued shortly after the first television news report made headlines last fall, has had a chilling effect on research.

The underlying issue _ how many newspapers, TV and radio stations a media conglomerate may own in a single market _ has yet to be decided. A federal court ordered the agency to take a fresh look at media ownership rules, a process that could stretch on for another year.

Brown and Alexander's research project, begun in late 2003, was meant to assist the agency's Localism Task Force, created by then-FCC Chairman Michael Powell. "Localism" is one of the three pillars of the commission's rules governing media ownership, along with "diversity" and "competition."

Powell created the task force after the FCC voted 3-2 in June 2003 to ease the ownership rules, bringing a backlash from Capitol Hill and elsewhere. The decision also drew a court challenge.

For the research project, the two Ph.D. economists holed up in their offices for two months and reviewed 10,500 clips from local news programs broadcast in 20 markets.

They categorized snippets of news shows as "local" and "non-local." They also determined whether the broadcasters that aired them were locally owned or not.

When the numbers were crunched, they revealed that "local ownership adds almost five and one-half minutes of local news" per half-hour program.

The finding, the report noted, "may have policy implications for both Congress and the Federal Communications Commission."

One implication was obvious: If large, out-of-state media conglomerates were allowed to buy up more stations, it could hinder the agency's goal of promoting "localism."

Big broadcasters had spent huge sums lobbying to convince the FCC that rules restricting the number of stations they could own were outdated, unrealistic and should be eliminated.

Brown said he is agnostic on the media ownership issue and wouldn't categorize the study as damning. But he did say it was interesting enough that it should have led to more research.

The two researchers submitted at least eight drafts of the report to other FCC economists and supervisors within the agency's Media Bureau. The bureau oversees policy and licensing of the broadcast television and radio industries. The level of review was unusual, said Brown, who is now an analyst with a federally funded research firm in Virginia.

Eventually, in a meeting with their supervisor, Brown said he and Alexander were told that "the front office wasn't going to let it out and the bureau chief wasn't going to let it out."

By then, a federal appeals court had ruled against the FCC's decision to liberalize ownership rules, sending the case back to the agency and forcing it to start the rulemaking process again.

W. Kenneth Ferree was the chief of the media bureau at the time. He is now a lawyer and lobbyist whose clients include The DirecTV Group. "I don't recall seeing or hearing about the localism report," he said in an interview.

Ferree said however, that he wouldn't have approved of the research project because the localism proceeding had nothing to do with ownership. He said the proceeding was really a process to find out what "stations should do to serve their local communities."

At around the same time the television study was being discussed, another report was being circulated. The agency regularly does economic research on the radio industry, but a study that appears to have been scheduled for release sometime in 2004 never saw the light of day.

A source knowledgeable about that report, who still works at the agency and requested anonymity for fear of retribution, said the reason the report was never circulated was because Ferree did not want it to be released.

At the time, the radio industry was being used as a poster child by critics for what can go wrong when ownership limits are lifted.

The unreleased radio study indicated that over seven years there had been a 35 percent decline in the number of radio station owners, and that 74 percent of advertising revenue in markets that were examined was controlled by two firms.

Ferree said he does "remember somebody mentioning" the radio report and would not be surprised if he had ordered work on it stopped. The agency had just issued its rules on media ownership, he said, and he didn't see the need for another report.

"I've got plenty of work here for people in this bureau to do," he recalls thinking at the time.

He said the report would have created "more heat and no light" and had the potential to "start another whole round of debates."

The spiked television and radio reports required hundreds of hours of work, costing tens of thousands of dollars. Their existence might not be known had copies not been provided to Sen. Barbara Boxer, D-Calif., a member of the Commerce Committee, which oversees the FCC.

During confirmation hearings for FCC Chairman Kevin Martin last fall, Boxer asked about the television study. Martin said he was not aware of its existence and that he was not chairman at the time it was prepared. A week later, Boxer released the radio report.

Boxer called for an inspector general's investigation, which Martin ordered the same day. Brown, the report's co-author, says no one from the IG's office has asked him about what happened. Ferree said he hasn't been contacted either.

While Martin has been quick to point out that the reports in question were not circulated on his watch, he has still come in for some criticism.

One agency employee said that after the television study hit the news, a directive came from the chairman's office requiring researchers to focus only on work specifically called for by the agency's management.

FCC spokeswoman Tamara Lipper said that she is "not aware of a directive, but I think we remind staff that people are expected to be working on the work assigned to them."

Meanwhile, the commission has ordered a new round of studies on media ownership. A description and a list of proposed authors was released the night before Thanksgiving.

The agency has also posted a number of draft studies and other records that were prepared before the last media ownership proceeding on its Web site. The available documents include all eight drafts of the local news study and a copy of the radio study.

While some are encouraged by Martin's apparent desire to be more transparent as the agency again reviews the rules, others are still wary.

Last August, the Institute for Public Representation at Georgetown University Law School filed a request under the Freedom of Information Act for "all studies and/or proposals for studies" related to the commission's media ownership and localism rules.

Much of what was provided, according to institute director Angela Campbell, was already publicly available. "It's not really as much as it looks like," she said. "I still have concerns because of the large quantity of material they withheld."

Citing FOIA exemptions, the agency opted not to turn over 1,400 pages of internal commission records.

Monday, January 22, 2007

AT&T, Verizon Intervene in Lawsuit Against FCC

Center's Suit To Get Broadband Data Draws Industry Interest, Comment
AT&T, Verizon Intervene in Center's Suit Against FCC

WASHINGTON, January 19, 2007 — The Center for Public Integrity is leading an effort to find out more about which companies are providing high-speed Internet access throughout the United States so that citizens have a better understanding of their service options.

A Center lawsuit filed under the Freedom of Information Act is attracting industry-wide interest.

See Drew Clark's Telecom Watch Blog for News and Analysis on Telecom, Media and Technology Policy

The Center's "Well Connected" project originally filed suit in U.S. District Court on Sept. 25, 2006, seeking access to a Federal Communications Commission database listing companies that have deployed broadband services. The FCC has denied academics, journalists, companies and other parties access to the records.

Date Filed Descriptive Title
8/24/2006 FOIA requested by CPI
9/25/2006 Complaint by CPI
9/25/2006 CPI Corporate Disclosure
9/26/2006 Decision By Wireless Competition Bureau
10/2/2006 Proof of Service by CPI
10/2/2006 Exhibit 1 - Declaration of Service on U.S. Attorney
10/2/2006 Exhibit 2 - Service by Mail on Defendant FCC
10/2/2006 Exhibit 3 - Service by Mail on Attorney General
10/5/2006 Notice of Appearance for FCC
10/19/2006 Administrative Appeal by CPI
10/24/2006 Unopposed Motion for Extension of Time to Respond by FCC
10/24/2006 Proposed Order
10/26/2006 Order by Judge Collyer
11/30/2006 Motion for Extension of Time to Respond by FCC
11/30/2006 Proposed Order
12/1/2006 Order by Judge Collyer
1/8/2007 Motion for Summary Judgment by FCC
1/8/2007 Statement of Material Facts
1/8/2007 Declaration by Alan I. Feldman [added by corrected filing 1/9]
1/8/2007 Exhibit - CPI's FOIA Request
1/8/2007 Exhibit Decision by FCC
1/8/2007 Exhibit - CPI's Administrative Appeal
1/8/2007 Public Notice
1/8/2007 Form 477 and Instructions
1/8/2007 Decision on FOIA Request by ERS Group
1/8/2007 Proposed Order
1/8/2007 Unopposed Motion for Leave to File a Brief Amicus Curiae by CTIA-The Wireless Association
1/8/2007 Memorandum Supporting Motion
1/8/2007 Exhibit - Amicus Brief
1/8/2007 477 and Instructions
1/8/2007 Exhibit 2 - CPI's FOIA Request
1/8/2007 Exhibit Public Notice
1/8/2007 Proposed Order
1/8/2007 Motion to Intervene
1/8/2007 Proposed Order [as corrected 1/12]
1/8/2007 Proposed Answer to the Complaint
1/8/2007 Proposed Motion for Summary Judgment
1/8/2007 Proposed Statement of Material Facts
1/8/2007 Declaration by ATT
1/8/2007 Declaration by Verizon
1/8/2007 Exhibit 3 - Declaration by Kevin J. Albaugh
1/8/2007 Exhibit 4 - Declaration by Colin S. Stretch
1/8/2007 Proposed Order (for Summary Judgment)
1/8/2007 ATT Corporate Disclosure
1/8/2007 USTA Corporate Disclosure
1/8/2007 VerizonDisclosure
1/8/2007 Notice Of Appearance for ATT Inc VerizonUS Telecom Association
1/17/2007 Court Order Reassigning Case

The Center wants to make data about these companies publicly available online through Well Connected's Media Tracker, a free, Internet-based database of the radio, television, newspaper and cable companies that is searchable by ZIP code. Media Tracker was first released in 2003, and updated and expanded in October and November 2006.

Publicly identifying the companies that provide broadband service would help give citizens a more complete understanding of who they could turn to for high-speed access — which is becoming increasingly important in economic development and the spread of information. The availability of competitive broadband service is an issue involved in a range of telecommunications policy debates, including Net neutrality, universal service and video competition.

Well Connected also tracks the political influence of the major players in the telecommunications, media and technology industries, supplying information on the companies culled from the Center's lobbying, campaign contribution and privately sponsored travel data.

AT&T, Verizon Communications and three leading telecommunications trade groups filed court papers seeking to intervene or comment on the Center's lawsuit last week. The top cable association is also seeking to weigh in. (Links to each of the documents in the official court docket are provided in the box to the right. It will be updated as further documents are filed.)

In court papers filed Jan. 8, AT&T and Verizon, together with the United States Telecom Association (to which both companies belong), objected to the release of the broadband data. Wireless Communications Association International, a trade group representing a range of wireless broadband service providers, said that it had also objected.

Separately, CTIA — the wireless association formerly known as the Cellular Telecommunications and Internet Association — supported the FCC in a "friend of the court" brief filed Jan. 8. A fourth association, the National Cable and Telecommunications Association, seeks to file a similar brief.

The Department of Justice and the FCC filed their response to the Center's complaint on Jan. 8, the court-imposed deadline.

The Center's reply to the government and to the intervening companies is due on Feb.12.

The database in question is referred to as the "Form 477" database, nicknamed after the number of an FCC document. The agency has required communications companies to provide data about the areas they serve, as well as other information, twice annually since 2000.

Although the FCC does not make the database public, it does produce a semi-annual report about broadband availability and competition that is based on the data.

The Center believes that release of the base data is important because the information will aid in the general public's understanding of the importance of broadband.

Dating back to at least to April 2004, President George W. Bush declared that it was a national priority to spur the development of high-speed Internet service. "I'm talking about broadband technology to every corner of our country by the year 2007 with competition shortly thereafter," Bush said then in remarks at the American Association of Community Colleges Annual Convention.

Knowing the identities of the companies would also allow the public to better gauge the reliability of the FCC's own database. In a report released in May 2006, the Government Accountability Office discussed "information [received from the FCC] on the companies providing broadband service in ZIP codes throughout the United States." The GAO's analysis of Form 477 data allowed it to conclude that the median number of broadband providers within a ZIP code was two, rather than eight, as the FCC's analysis of the data found.

Under the Freedom of Information Act, agencies have 20 working days to respond to requests. The Center's FOIA request was hand-delivered to the agency on Aug. 24, 2006. When the agency failed to respond within the required period, the Center filed suit on Sept. 25.

The agency responded to the FOIA request in a letter faxed to the Center on Sept. 26, 2006. The Center filed an administrative appeal to the FCC's rejection letter on Oct. 19. The FCC has not replied to the administrative appeal.

The case, Center for Public Integrity v. Federal Communications Commission, was filed in the U.S. District Court for the District of Columbia. The case had been assigned to Judge Rosemary M. Collyer on Sept. 25, 2006. But on Jan. 17, 2007, the case was reassigned to Judge Ellen S. Huvelle.

By Drew Clark

Thursday, December 21, 2006

Sumbitches Vote A Victory For Phone Companies

FCC Vote A Victory For Phone Companies
TV Service Rule Hurts Cable Firms

By Alan Sipress
Washington Post Staff Writer
Thursday, December 21, 2006; D01

A divided Federal Communications Commission yesterday approved a measure aimed at helping telephone companies move into cable television markets by significantly limiting what local officials can demand in return for franchises.

The new rule reflects the intensifying battle between the phone and cable industries over who will control distribution of video, voice and Internet access in an increasingly wired country. But the telephone industry's victory could prove temporary because opponents say the measure will almost certainly be challenged in court.

The FCC voted 3 to 2 along party lines to change how local officials award television franchises to eliminate what Republican supporters said were unreasonable demands and delays.

The measure requires local regulators to rule on franchise applications within 90 days for companies such as Verizon Communications and AT&T that have wires in place. It also bars local officials from requiring that companies provide TV service to everyone in a jurisdiction and prevents them from demanding fees or in-kind contributions exceeding 5 percent of the television revenues.

Verizon has been seeking local TV franchises nationwide and has won more than 200, including agreements with most of the counties and cities in the Washington area. The company has said it plans to win 3,300 franchises nationwide and has been lobbying state legislatures and Congress to speed up the approval process.

The FCC's Republican majority said that removing unreasonable hurdles erected by local governments would translate into lower cable rates. Democratic members disagreed and accused the Republicans of overstepping the FCC's authority.

FCC Chairman Kevin J. Martin, a leading proponent of the new federal rule, called it crucial for breaking the virtual monopoly held by cable companies in many areas and reversing the steady increase in cable bills over the past decade. Martin said the measure, which is to take effect next year, also would make broadband Internet access more widely available because telephone companies would gain revenue to continue building fiber-optic networks.

"The record collected by the commission in this proceeding cited instances where [local officials] sat on applications for more than a year or required extraordinary in-kind contributions such as the building of public swimming pools and recreation centers," Martin said.

But the commission's Democrats warned that the FCC, by exceeding its legal mandate, would face time-consuming challenges from opponents, including cable companies and local officials angered by what they say is a preemption of their authority.

"The end result will likely be litigation, confusion of the process and a certain amount of chaos," Commissioner Jonathan S. Adelstein said. He questioned the claim that local officials have unreasonably refused applications, saying the FCC had not cited a single instance in which a franchise was being unduly delayed or held up because of demands for exorbitant fees or concessions.

"The majority simply accepts in every case that the big phone companies are right and the local governments are wrong," Adelstein said.

In the District, where phone companies do not have franchises to provide television service, officials called the FCC decision troubling.

"People in the District would be concerned if control is taken away from local municipalities. Cities could be damaged in many different ways," said J. Carl Wilson, general counsel of the D.C. Office of Cable Television and Telecommunications. He said District residents could suffer if officials no longer asked providers for public channels.

Montgomery County Council President Marilyn Praisner (D-Eastern County) said consumers would suffer from the FCC ruling. "This is an early Christmas present of a stocking full of coal," she said, predicting that the county and other jurisdictions would challenge the decision in court.

Montgomery County and Verizon clashed this year over the company's ultimately successful bid to win a franchise there.

The United States Telecom Association, a telephone industry trade group, said the measure would give consumers more choice.

"The steps outlined today will help fix the franchising process and end the unnecessary delays caused by outdated regulations," said Walter B. McCormick Jr., president of the association.

Kyle McSlarrow, president of the National Cable and Telecommunications Association, said the FCC gave phone companies an unfair advantage over longtime cable providers. FCC officials promised to study how cable providers should be treated when their franchises come up for renewal.

Staff writer Frank Ahrens contributed to this report.

Tuesday, December 19, 2006

FCC Official Declines to Vote On AT& T Deal

By Alan SipressWashington Post Staff Writer
Tuesday, December 19, 2006; D01

Federal Communications Commissioner Robert M. McDowell announced yesterday that he would disqualify himself from voting on AT&T's proposed purchase of BellSouth on ethical grounds, depriving the FCC of a potential swing vote that could have broken the stalemate among its Democratic and Republican members.

McDowell, saying he felt compelled to silence speculation over whether he would take part in the vote, accused his colleagues of failing to negotiate in good faith over conditions for approving the $86 billion merger proposed seven months ago.

"It appears that the lingering question of my involvement is being used as another excuse for delay and inaction," he told reporters.

McDowell has said for months that he would not vote because he previously worked as senior vice president for Comptel, an association that lobbied on behalf of companies competing with AT&T and BellSouth. But despite his concern about a possible conflict of interest, the FCC's general counsel, Samuel Feder, ruled this month that McDowell could take part because of an overriding government interest in breaking the deadlock.

McDowell rejected that reasoning and criticized Feder's opinion, saying it overlooked important facts and legal considerations. In particular, he said the opinion did not address the ethics agreement reached during his Senate confirmation process this year in which he pledged not to participate for a year in any matter in which Comptel had been involved.

"While I expected the legal equivalent of body armor, I was handed Swiss cheese," McDowell said.

FCC Chairman Kevin J. Martin, who asked Feder to issue the opinion, has been urging McDowell to take part in the considerations. Late yesterday, Martin said his aim had been to make sure the commission considered the merger in a timely fashion.

"With Commissioner McDowell having made his decision, I will continue to try to work with my colleagues to bring our consideration of this merger to conclusion," Martin said in a statement.
He also said he respected McDowell's decision to abstain. Though both men are Republicans, their relations have been strained since McDowell joined the FCC.

Martin has been an advocate of approving the merger without conditions. But the two Democratic members have insisted that the deal, which would create a telecommunications giant, include safeguards to ensure competition and protect consumers.
The FCC has repeatedly postponed acting because of the stalemate, and no vote is scheduled.