In 2007, the Federal Communications Commission, Congress and the courts will once again examine media ownership rules. These debates will set policies that govern traditional media, while establishing a regulatory framework that will dictate the future of the telecommunications and media industries.
Imagine that a single company owns a local daily paper, two local TV stations, the cable system, the alternative weekly, the primary portal for the internet, and up to eight radio stations in your town. That company is based on the other side of the country, and answers to its advertisers and stockholders. How are they accountable to the needs of your community?
A profitable commercial all-classical radio station in Philadelphia is bought and sold four times in the span of two years during a flurry of buyouts and mergers between media companies. Each time it is bought and sold, the price of the station zooms up, and the owners want to make their money back. In an attempt to raise its market share and increase ad revenue, the various station owners switch formats from classical music to modern adult contemporary, to urban oldies. Five years later, the format has changed two more times. What happened to the classical music fans?
In the past two years, some of the biggest US telecommunications companies have suggested that they want to charge content providing companies like Google and Yahoo a fee for delivering data into consumers' homes via their DSL/cable lines. They imagine an internet that has "express lanes" that are only accessible to those companies and consumers that pay their toll. What would happen to website access for those small companies, innovators, nonprofits and citizens that couldn't afford this toll?
FCC on Media Ownership
At the FCC, the media ownership proceedings made famous in 2003 have begun again, this time with a new chairman, Kevin Martin.
During this biennial media ownership rulemaking, the debate continues about whether to relax or eliminate longstanding rules preventing media consolidation at both the local and national levels regarding TV, radio, newspapers and cable.
Currently these rules:
prevent one broadcast network from owning another broadcast network;
limit the number of local broadcast stations that any one broadcaster can own to systems serving 35 percent of the TV-viewing households in the U.S.;
prohibit a company from owning cable TV systems and TV stations in the same community, and
prohibit ownership of newspapers and TV stations in the same community.
FMC is particularly concerned with any effort to further relax the limits on how many radio stations a company can own in a specific market. Elements of the broadcast industry have been pushing hard to raise the cap from 8 in the largest market to as many as 12.
Why the Rule Changes? Why Now?
The original rationale for these rules was to guarantee a multiplicity of voices and prevent concentrations of power. The argument for removing them now is that many of these rules are out of date and need to be reexamined in an environment where consumers have access to a multitude of information sources - newspapers, cable, TV, radio and the Internet. Coincidentally, big media companies argue that the rules are artificially constricting their ability to grow and serve their consumer base, and have thus damaged their capacity to compete in the free marketplace. The Internet poses a particular threat, they claim, as a new source of competition that has eaten into their advertising revenue and pulled away their customers.
Congress on Telecom
While the FCC debates the rules that govern media, Congress is examining the rules that govern high-speed internet services. Different industries have been offering competing services under wildly different sets of rules. But as phone, cable and broadcast companies continue to converge and offer similar services, it is necessary to establish a comprehensive set of policy goals via legislation.
The trick, however, is to ensure that any new legislation avoids the pitfalls of the 1996 Telecommunications Act. In other words, while acknowledging that legislation may be necessary, we must ensure that it reinforces basic principles like equal access for all citizens and competition in the marketplace.
Network neutrality is one of the key issues being debated. Under current law, cable companies that provide Internet service to the home have the legal authority to control what content is available on their pipeline. Phone companies are pushing for the same legal rights for their DSL and fiber services. But imagine a marketplace where the dominant broadband providers can control your access to particular music services or CD stores -- with the determining factor being how much those companies would pay for the right to access consumers. This type of marketplace would be devastating for local, independent and niche genres of music that have so greatly benefited from the openness of the current Internet architecture. FMC strongly supports network neutrality and is working in coalition with other media reform groups to push for the preservation of unfettered internet access.
A Brief History of the Last Media Ownership Proceedings: 2002-2004
Fall 2002: FCC Chairman Powell announces intention to wrap all separate media ownership proceedings (broadcast, cable, network, cross-ownership) into one "mega proceeding"
Winter 2003: FCC holds official public hearing in Richmond, VA. Commissioners Copps and Adelstein begin series of "unofficial" hearings across the country.
Spring 2003: Hundreds of organizations - from the NRA and Parents Television Council to Move On and National Organization for Women - and millions of citizens file comments in the media ownership proceedings, with 97% of citizen commenters opposed to further media deregulation.
June 2, 2003: On a party-line, 3-2 vote, the FCC adopts a wide-ranging plan that facilitates additional consolidation of television ownership, eliminates critical newspaper-broadcast cross-ownership rules and relaxes other important restrictions. Only radio is taken off the table.
Summer-Fall 2003: Senate expresses outrage over FCC plan and eventually votes 55-40 to veto the rulemaking, the first time the Senate has wholly rejected a FCC decision.
June 2004: The Third Circuit Court of Appeals rejects FCC rulemaking, sending media ownership rules back to FCC.
Stakeholders in This Process
Media Companies: owners of radio stations, cable and telephone companies, internet providers, TV stations, and newspapers.
Federal Communications Commission is the agency charged with being the public's caretaker of the public spectrum, which includes radio, TV, satellites, cable, wi-fi, and telephones. They run the media ownership proceedings.
Each Congressional representative is responsible to the districts which elect them. In 2006 Congress revisits the 1996 Telecom Act.
Media Reform Movement: Artists, writers, consumer groups, labor unions, religious organizations and elected officials who are concerned that FCC and Congressional actions will forever change the way media is controlled in this country have filed comments, written letters and participated in unofficial FCC hearings all across the country.
The Public – this is you.
What You Can Do About It
Decisions about the rules governing the use of the public spectrum have, for many years, rolled through Congress and the FCC without much public debate. But as technology has become more powerful and has transformed the way people communicate and learn and live, the landscape has changed dramatically. Over the past five years, there's been an unprecedented amount of attention on media ownership issues.
The FCC and Congress want to hear from concerned citizens and musicians about the potential impact that the lifting of these rules might have on your livelihood, your access to news and information, and your community.
Get educated, and reach out. Submit a comment online at the FCC. Participate in a public hearing and tell your stories about how your life or business or art has been affected by the dramatic changes in media ownership. Write short letters to your elected officials. Call your member of Congress. Send a letter to the editor of your local paper. Elected officials read their local papers, so constituents' voices can send a powerful message to policymakers.
Musicians Get the Hint About Health Insurance
Two Raleigh concerts in memory of musician Drew Glackin; proceeds go to Glackin’s family and Future of Music Coalition’s Health Insurance Navigation Tool
April 10, 2008 Press release FMC's HINT program
New York State Music Education Events Examine Crucial Issues Facing Artists Forums in Rochester (April 28), Syracuse (April 29) and Albany (April 30) to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres.
March 25, 2008 Event details | RSVP
Pop Rockers OK Go "Tour" Congress in Support of Net Neutrality
Damian Kulash and Andy Ross discuss the importance of open Internet structures to musicians; Kulash testifies before House Judiciary Committee.
March 13, 2008 Press release
Spoken testimony
Written testimony
Rock the Net
New York State Music Education Events Examine Crucial Issues Facing Artists Kick-off forum in Buffalo on April 2 to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres. March 7, 2008 | Event details
Philly Bands Rocking for Net Neutrality February 23 Sugar Town show at Tritone in Philadelphia will showcase lady rockers and DJs, as well as musicians' support for net neutrality. February 15, 2008
OK Go and Bonerama Rocked DC for New Orleans Musicians Bands also champion FMC's "Rock the Net" campaign for net neutrality February 2 benefit show at DC's 9:30 Club raised over $8,000 for New Orleans musicians. Bands played cuts off their new benefit EP, You're Not Alone, available on iTunes on February 5. February 4, 2008
Upcoming Washington, DC show and benefit EP from OK Go & Bonerama
On February 2, OK Go and Bonerama will play a benefit at D.C.'s 9:30 Club in support of You're Not Alone - an EP to support Sweet Home New Orleans and Al "Carnival Time" Johnson. January 21, 2008
Successful New Orleans Concerts Aid Big Easy Musicians
Last week, two benefit concerts raised over $6,000 for Sweet Home New Orleans - a coalition of non-profit organizations that helps find affordable housing and provides rental assistance for the city's musicians - and Big Easy music legend Al "Carnival Time" Johnson.
January 15, 2008 Press release | Event details
Ann Chaitovitz Appointed
FMC's New Executive Director A proven leader in musician and public policy issues, Chaitovitz replaces founding Executive Director Jenny Toomey January 3, 2008
Concerts for New Orleans Musicians Bring Artists Together Two New Orleans shows and upcoming benefit CD from OK Go and Bonerama January 2, 2008
FMC's Jenny Toomey Appointed Program Officer for Ford Foundation
Kristin Thomson to Serve as FMC’s Interim Executive Director Michael Bracy to Chair FMC Board of Directors November 26, 2007
Seattle "Rocked the Net" Rep. Jay Inslee advocated network neutrality;
joined by rocker Matt Nathanson, Reclaim the Media, FMC and local music business representatives October 31, 2007
Rock the Net: Campaign for Net Neutrality Rocks Seattle
Teleconference with Rep Jay Inslee on Tuesday, Oct 30. Matt Nathanson performs at Seattle’s Crocodile Café on Tuesday, Oct. 30 October 26, 2007
Future of Music Policy Summit to Tackle Critical Issues at the Intersection of Music, Law, Technology and Policy Sen. Byron Dorgan and Sen. Ron Wyden to Deliver Keynote Addresses
Mac McCaughan, Bob Mould, Marybeth Peters of the U.S. Copyright Office and More Than 90 Other Panelists Confirmed. September 10, 2007 Summit home page Press Credentialing
AT&T's muting of bands points toward a pattern of silencing political speech Content monitor did not edit out 20 instances of curse words during Pearl Jam webcast, despite AT&T claim it hires monitors to block "excessive profanity". August 13, 2007
Top musicians, lawyers, technologists confirmed for FMC's 7th annual Policy Summit August 13, 2007 Press Release Summit home page Press Credentialing
FMC Statement on AT&T Silencing Pearl Jam's lyrics during Lollapalooza webcast August 9, 2007
FMC Statement on Federal Trade Commission Report on Net Neutrality June 29, 2007
FMC files testimony with House Small Business Committee on CRB Webcasting Rates June 27, 2007 Press Release | Testimony
Clear Channel strips local, independent artists of digital performance royalties
FMC has discovered that Clear Channel's online application for local and independent artists to submit their music for airplay on each of its stations requires the artist to approve a licensing agreement that does away with their digital performance right. June 22, 2007
Low Power Radio Gets New Push in Congress
Congress introduces bills to create hundreds of new low power FM radio stations to cities and suburbs across the country. June 22, 2007
FMC Announces Dates for 7th annual Policy Summit
September 17-18, 2007
GWU Betts Theatre, Washington, DC June 11, 2007
FMC Organizes "Musicians Bringing Musicians Home II"
A Benefit Concert on May 27 at New Orleans' Tipitina's for Sweet Home New Orleans featuring: Indigo Girls, Damian Kulash of OK Go, Jim James of My Morning Jacket, Matt Nathanson, Pamela Z...and special guests
May 23, 2007 Press Release | Details
Congressman Mike Doyle to address conference on music, law and technology
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 25, 2007
A2IM Endorses Rock the Net Campaign
American Association of Independent Music urges its label members to join the campaign for network neutrality. April 17, 2007
Music Mashes with Policy at upcoming Technology and IP Policy Day
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 16, 2007
FMC Applauds FCC's Payola Settlement
Payola agreement by FCC and big broadcast chains represents a major - but tentative - step toward once again opening the nation's airwaves to local music and voices. April 13, 2007
Rep. Edward Markey, Ted Leo kick off "Rock the Net"
Nearly 150 artists and labels have already signed onto campaign for net neutrality
March 27, 2007 Press Release | Rock the Net
Major Artists To Join Launch of Rock the Net Campaign for Net Neutrality March 23, 2007
FMC Statement on FCC's "Rules of Engagement" On Payola March 5, 2007
FMC Files Reply Comments in FCC Media Ownership Proceeding January 16, 2007
FMC Statement on FCC Payola Settlement
FMC's statement on FCC's reported consent decree with the broadcast industry in regards to payola. January 16, 2007
Radio Station Ownership Consolidation Shown to Harm Musicians and the Public
FMC study shows that the rapid consolidation of the commercial radio industry that followed the Telecommunications Act of 1996 has led to a loss of localism, less competition, fewer viewpoints and less diversity in radio programming in media markets across the country.
December 13, 2006 Press release Report details
FMC Organizes Musicians Bringing Musicians Home Benefit concert at New Orleans' Tipitina's on November 6th featuring Steve Earle, Mike Mills, Allison Moorer, Tom Morello, Boots Riley, Corin Tucker and special guests.
October 23, 2006 Read press release Read press coverage
Job
Losses Associated with Radio Consolidation Undermine Localism and Diversity FMC, Newspaper Guild and Consumers Union urge FCC to take employment effects
of their policies into account during upcoming review of media ownership rules August 9, 2006
FMC Releases Research on Employment and Wage Effects of Radio Consolidaton August 9, 2006
FMC on Preserving the Dynamism of the Internet Opinion Piece on ABC News June 29, 2006
FMC Statement on Senate Commerce Committee Vote in Support of LPFM June 28, 2006
FMC Statement on FCC Media Ownership Proceeding June 21, 2006
Indie-rock revolution, fueled by net neutrality Op-ed by FMC's Jenny Toomey and Michael Bracy June 13, 2006
Pearl Jam Donation To Help Musicians Help Themselves Proceeds From Washington, DC Appearance to be Donated to FMC Artist Research
Council May 25, 2006 Press Release
FMC signs on letter to preserve net neutrality May 17, 2006
FMC Announces Dates for Sixth Annual Future of Music Policy Summit
October 5-7, 2006 Media Advisory May 15, 2006
FMC Statement on Release of Feingold's Radio and Concert Disclosure
and Competition Act of 2005 November 18, 2005
FMC Sends Letter to Senate Commerce Committee in Support of a
Public Performance Right for Sound Recordings October 19, 2005
Top Names in Music, Law, Technology and Policy Return to Debate Critical
Issues at Fifth Annual Future of Music Policy Summit
September 6, 2005 Media Advisory | Policy
Summit home page
FMC Announces Health Insurance Navigation Tool
August 9, 2005 HINT Home Page
FMC Press Release: Music Mashes with Policy at DC Policy Day April 8, 2005
FMC's Michael Bracy Testifies in front
of House Judiciary Committee on "Digital Music Interoperability" April 6, 2005
FMC files comments at US Copyright Office on "Orphan
Works"
Comments also ask Copyright
Office to consider status of out-of-print recordings March 25, 2005
FMC Sends Letter to Senate Stating Concerns about S 193, Broadcast Decency Enforcement
Act March
10, 2005
FMC and artist groups file joint reply comments at FCC on localism in broadcasting,
MB Docket 04-233
January
3, 2005 PDF of document
