PRESS RELEASE

Angel of the Public Interest Not Invisible to Third Circuit

Future of Music Coalition and Musician/Activist Tom Morello
Praise Third Circuit Court’s Decision to Roll Back FCC’s Push
Towards Increased Media Consolidation

WASHINGTON – The Future of Music Coalition applauds the Third Circuit Court of Appeals for rejecting FCC Chairman Michael Powell's attempts to eliminate many of the longstanding media ownership rules that ensure localism, competition and diversity.

“We are grateful that the angel of public interest was not invisible to the Third Circuit Court,” stated Jenny Toomey, executive director of the Future of Music Coalition, referring to Chairman Powell's oft-quoted remark that he had “waited for a visit from the angel of the public interest…but she did not come.”

At the heart of the Third Circuit's ruling in the case Prometheus v FCC is the court’s rejection of both the basic philosophical approach and rulemaking process adopted by Chairman Powell. The Third Circuit reaffirmed what Chairman Powell had been told by two FCC commissioners, congressional leaders, academics, editorial writers and hundreds of thousands of citizens; with media consolidation already prevalent, the FCC's primary responsibility is to serve the public interest. Any new regulatory regime must demonstrate how the elimination of longstanding rules, or implementation of new rules, would impact the Commission’s stated goals of promoting localism, competition and diversity.

FMC supports the calls by Commissioners Copps and Adelstein for additional research, field hearings and public input as a first step in laying the foundation for common sense media ownership rules that serve the public interest.

Musicians and music lovers were one of the first communities to understand the devastating impact of media consolidation on livelihood, culture and community. The 1996 Telecommunications Act expanded the ownership limits for radio and led to a radical restructuring of the airwaves. From 1996 to 2002, the number of station owners declined by 33 percent as hundreds of independent radio owners sold their stations to large and growing radio station groups. This has resulted in homogenous play lists, reduced localism and less access to the public airwaves.

Musicians have shared their stories, testified in court, organized in their communities and submitted comments in FCC rulemakings. They are ecstatic that their hard work has paid off.

“This victory proves that activism works, but it is rare to have such a tremendous impact on the future of our media, our democracy, our world,” said activist/musician Tom Morello. Morello, who plays guitar in the band Audioslave, toured the country last November as part of the Tell Us the Truth Tour, raising awareness about media ownership and labor issues. “Musicians and activists should be very proud of their role in imagining this change, and working to make it a reality. If our communities can stay focused we might even build that local, diverse, competitive media that the FCC has been mandated to provide for us.”

The Third Circuit court’s ruling clearly demonstrates that it rejects the notion of allowing large media companies dominate and grow even larger. We thank Prometheus Radio Project for bringing the suit, and congratulate Media Access Project for arguing so ably on behalf of all citizens in this landmark case. FMC will continue to work in coalition with Free Press, Consumers Union, Common Cause, Media Access Project, Prometheus Radio Project, and other organizations to ensure that the FCC remains true to its mission of acting in the public interest.

Examples of musicians’ participation in the media ownership debate
The Future of Music Coalition was just one of the many groups that fought hard to urge the FCC to maintain ownership rules to protect the public interest. Here’s a recap of some of our efforts:

In November 2002, the FMC released “Radio Deregulation: Has It Served Citizens and Musicians?” In this report, the FMC thoroughly examined the effect of the Telecommunications Act of 1996 on radio industry, concluding that radio has become less diverse, less local, and less competitive. The report urged policymakers to see the negative consequences of the deregulation of the radio industry as a “cautionary tale” before proceeding with this broader media ownership rulemaking.

In January 2003, FMC’s executive director Jenny Toomey joined rocker Don Henley, NAB’s president Eddie Fritts, and Clear Channel’s Lowry Mays in front of the Senate Commerce Committee to testify about the impact of radio consolidation on the radio industry, musicians and citizens.

In April 2003, the FMC sent a letter co-signed by over thirty top-tier musicians to FCC’s chairman Michael Powell. The letter urged the FCC to grant Congress and the public a full opportunity to review any proposed changes of media ownership rules before they are enacted. Over 4100 artists added their signatures to this letter, which was re-delivered to the FCC on May 28.

At a public hearing on localism and diversity on radio in April 2003, North Carolina country musician Tift Merritt explained to FCC commissioners and citizens how constricted radio playlists have become as a result of radio consolidation. Merritt reported that after she opened a show for Willie Nelson, fans called their local radio stations to request her music. “The DJs said they had to wait for management to change the programming,” she said.

In May 2003, the FMC released an analysis of the FCC’s public comments on this rulemaking finding overwhelming public opposition to relaxing ownership caps.

In September 2003, the FMC filed a Petition for Reconsideration at the FCC, pointing out the flaws and inconsistencies in the June 2 order and urging the FCC to reconsider their decision. http://www.futureofmusic.org/news/FCCpetitionrecon.cfm

In November 2003, activist musicians Steve Earle, Tom Morello, Billy Bragg, Lester Chambers and Boots Riley embarked on a 13-date the Tell Us The Truth Tour to perform concerts and raise awareness on current media reform and trade issues. With support from unions, environmental, religious and media reform groups – including the AFL-CIO, Citizens Trade Campaign, Common Cause, Free Press and the Future of Music Coalition – this tour was the most effective challenge to corporate domination of the public discourse in recent history. http://www.tellusthetruth.org


About the Future of Music Coalition
The Future of Music Coalition is a not-for-profit, grassroots collaboration between leading independent musicians and experts from the worlds of technology, public policy and intellectual property law. The FMC seeks to educate the media and policymakers about music/technology issues, while also bringing together key stakeholders in an effort to come up with creative solutions to the challenges in this space. The FMC also aims to identify and promote innovative business models that will help independent musicians benefit from new technologies, and work to organize underrepresented musicians from the independent music community to speak out on issues that impact the value of their labor.

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