Jan 31, 2007 -- Senate Committee Urged to Call Out FCC on Public Interest Obligations: Letter from Meredith McGehee, Campaign Legal Center Policy Director

With Federal Communications Commissioners schedule to testify tomorrow, the Campaign Legal Center sent a letter asking Members of the Senate Commerce, Science and Transportation Committee to demand answers for the Commission's continued failure to implement digital public interest obligations after six years. All five Commissioners are scheduled to appear before the full Committee on Thursday, February 1 at 10 a.m. in Room 253 of the Senate Russell Office Building.

A copy of the letter is below.

January 31, 2007

Dear Senator:

On behalf of the Campaign Legal Center, I am writing to urge you to ask Federal Communications Commissioners why, after six years, they have yet to define public interest obligations for digital broadcasters. The hearing tomorrow before the Commerce, Science and Transportation Committee offers an opportunity to raise the question of public interest obligations with the full slate of Commissioners and to ask why the Federal Communications Commission (FCC) has not acted and how it plans to proceed. The spectrum occupied by digital broadcasters is an extremely valuable public resource for which the American people deserve something in return.

FCC Chairman Kevin Martin made what looked to be a promising start in regard to public interest obligations: one of his first acts as Chairman was to appoint a group of 20 additional members to the FCC's Consumer Advisory Commission to act as outside experts and "to make recommendations to the Federal Communications Commission regarding consumer issues." The Consumer Advisory Commission made public interest obligations their top priority. Their first action in November 2005 was to recommend that the FCC act within six months, May 2006, to outline basic and meaningful public interest obligations and disclosure rules for digital television.

The Consumer Advisory Commission recommended the FCC issue reports on two pending docket items: MM Docket No. 99-360, Public Interest Obligations of TV Broadcast Licensees; and MM 20 Docket No. 00-168, Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations. Prior to the Consumer Advisory Committee's recommendation, these two docket items languished before the committee for six and five years, respectively. Despite the Advisory Committee's recommendation, the FCC failed to take action on public interest obligations and another year has gone by without any Commission action on these crucial issues.

The FCC's inaction on public interest obligations is inexcusable. With the February 17, 2009, analog-to-digital transition deadline looming, the Commission has the responsibility to set bright-line guides for broadcasters and the public to ensure the interests of the American people are represented in the digital transition. Up to this point, the FCC has ignored this responsibility. Not only will clear public interest obligations promise relevant and quality programming for viewers, but they will create greater certainty for broadcasters who are already planning for what types of programming they will create in a digital world.

It is deeply disappointing that the FCC has failed to provide any guidance to the American public and broadcasters as to what both parties can expect in the digital age. Congress took the important first step of establishing the analog-to-digital transition deadline but, unfortunately, the FCC has failed to uphold its end of the bargain. As a member of the Commerce Committee I sincerely hope that you will stress to the Commissioners at tomorrow's hearing their vital role in this process and remind them that the airwaves they use to broadcast are owned by the public and that the absence of digital public interest obligations after six years is unacceptable.

If I can answer any questions or be helpful in any way, please do not hesitate to call me at (202) 736-2200. Thank you for your time and consideration of this important issue.

Sincerely,

Meredith McGehee

Policy Director