FCC plan elicits critics

WASHINGTON -- New regulations the Federal Communications Commission says will better position broadcasters to meet the needs of local communities have gotten a dim reception from members of Congress, including three Nevadans.

The regulations would require TV and radio stations to consult with community advisory boards, broadcast a required amount of local programming, use local talent instead of remote voice-tracking and locate main studios within their license areas.

Several of these requirements are similar to regulations the FCC repealed in the 1980s as part of a deregulation drive by former Chairman Mark Fowler.

Broadcasters, including those in Nevada, have spoken out against the proposals, saying the regulations will only create more paperwork and not provide the public with more local content.

The FCC would require them to spend millions of dollars building new studios, cut stations' on-air hours and possibly take smaller, less-profitable, stations permanently off the air, according to industry officials.

"It is a horrendous, horrendous legislation," said Bob Fisher, president and CEO of the Nevada Broadcasters Association.

He said stations already provide significant amounts of local content.

"Nevada's broadcasters are the single largest contributors of public safety service," Fisher said. "They don't do the localism thing because they have to do it. They do it because that's what broadcasting is all about."

State and national broadcasting associations have come out in force against the proposal, and they are finding some support from congressional representatives and senators.

Sen. John Ensign, R-Nev., met with Nevada Broadcasters Association executives in February.

Ensign, a proponent of government deregulation, in turn submitted a letter to FCC Chairman Kevin Martin on April 30 calling the regulations "a step backward."

The regulations "would add a bureaucratic layer separating broadcasters from their customers and replace the determinations of the free market with government mandates," Ensign wrote.

Ensign's message came on the heels of a similar letter to Martin signed by 123 members of the House, including Reps. Shelley Berkley, D-Nev., and Jon Porter, R-Nev., on April 15.

On April 24, 23 other senators weighed in.

Both sets of lawmakers questioned the constitutionality of government telling broadcasters what type of content they can air.

But some citizen and media watch groups believe broadcasters have too long of a leash and would benefit from being reined in.

Jerold Starr, executive director of the Citizens for Independent Public Broadcasting, said many of the provisions are "very useful and important."

Starr said local news and public affairs programming has been scaled back or cut all together. He said coverage of local elections has been "seriously neglected."

"Programming for the public interest has been sacrificed to the god of commercialism without any balance whatsoever," Starr said.

The proposed regulations came in the form of a report written by FCC commissioners after a series of formal hearings.

"The changes we propose are intended to promote localism by providing viewers and listeners greater access to locally responsive programming," Martin said in a statement accompanying the report.

Martin said ensuring local voices is one of the FCC's fundamental goals.

Under leadership of former FCC chairman Michael Powell, the agency began a formal inquiry into broadcast localism in 2003.

The agency held hearings in Portland, Maine; Charlotte, N.C.; San Antonio; Rapid City, S.D.; Monterey, Calif.; and Washington, D.C.; where members of the public told FCC commissioners they were unhappy some stations were taking a direction away from local content.

The public can submit comments on the report to the FCC until June 11. A representative from the FCC said the agency can not comment on pending items, but said the commissioners will vote on the proposal after the filing period ends.

Contact Stephens Washington Bureau reporter Sara Spivey at sspivey@stephensmedia.com or 202-783-1760.