The FCC is wading into the Conservative Talk Radio debate, dipping
its toe in the water just enough to make it seem it is doing its job in
protecting the public interest in broadcasting, but not making enough of
a ripple to rock the corporate lobbyists’ boat.
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Surprisingly, given the general lack of response by the FCC to the
general public, the federal agency instantly responded to a March 10th
letter from Roger Smith, of the broadcast watchdog Sacramento Media
Group. Smith complained about the gross imbalance of political
viewpoints on the public airwaves in Sacramento, citing a study that
Clear Channel stations in Sacramento devote 190 hours per week to Right
Wing talk, while devoting not a single minute to any other viewpoint (a
model perpetuated throughout
90% of the country.)
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The FCC responded with the following: “…broadcast stations enjoy
freedom of speech under the First Amendment, and the FCC is prohibited
by statute from censoring or dictating program content. The result is
that stations are free to air pretty much whatever they want (short of
obscenity or indecency) – even if the material is false, misleading, or
slanted.”
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Boy oh boy, what a gutsy statement. For the first time, the agency
acknowledges that what comes out of talk radio could well be pure lies.
Still, it claims there is nothing it can do about it.
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The FCC conveniently forgets the Supreme Court ruling that broadcasters may not engage in “Private Censorship.” In
Red Lion Broadcasting v. FCC,
1969, the Supreme Court decided, “the First Amendment does not protect
private censorship by broadcasters who are licensed by the Government to
use a scarce resource which is denied to others.” Or that “the First
Amendment is relevant to broadcasting, but it is the right of the viewer
and listener, not the broadcaster, which is paramount.”
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There’s plenty the FCC do. It could follow court rulings and require
that women and minorities, which own less than 8% of all radio stations
be brought up to parity. The Third Circuit
Court of Appeals has so ordered;
but that would be difficult, and the FCC always takes the easy way, the
pro-corporate way out. One simple step would be to require
broadcasters to clearly delineate which of their shows are news, and
which are opinion, and therefore colored with misinformation. That
would be really easy, but not easy enough for the FCC.
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Instead, the FCC is hopping on the
boycott bandwagon,
writing, ” If enough people complain about a station’s programming –
and particularly if they are part of an organized boycott of station
advertisers – the station could very well change its programming
policy.”
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Maybe it’s just coincidence that the FCC is putting this language out
in the throes of the very effective Rush Limbaugh boycott, which is
cutting into Bain Capital/Premiere Radio/ Clear Channel’s cash flow by a
minimum of $1.125 million every week, and according to industry
sources, perhaps ten times that. How long Clear Channel can remain
above water given its $20 billion debt largely depends on how long the
boycotts last. (
Another 31 sponsors
just left the Rush Limbaugh show, but these were on Cumulus stations,
which plan to compete in Rush’s 12-3PM EST time slot with yet another
conservative, Mike Huckabee.)
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It is not inconceivable the Rush Limbaugh boycott could drive Clear
Channel into bankruptcy. Perhaps the FCC would then force divestiture
of Clear Channel stations so women and minorities can exercise their own
First Amendment rights. But don’t bet on it, as that would be
difficult.
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The problem is that the FCC is effectively the Sheriff of
broadcasting. Imagine if you called the cops, telling them about gang
houses dominating 90% of your neighborhood, and they tell you to take
matters into your own hands and stage a protest. You’d try to find a
new sheriff.
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Despite the success of the Limbaugh boycott, we the people still
depend on the FCC to enforce the law, no matter how difficult it may be
for them. We need to put the same pressure on the FCC that we have on
Rush, but as we can’t boycott the FCC, is anyone ready to Occupy? That
splash would really rock the boat.
