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                                                                                                  October 31, 2017

Media Ownership Rules, Diversity, and Sinclair-Tribune Merger


On November 16, 2017, the Federal Communications
Commission (FCC) is expected to vote on whether to retain,
relax, and/or repeal regulations that restrict the number of
media outlets that a single entity may own or control within
a local geographic market. The vote represents a
reconsideration of rules the FCC adopted in August 2016,
and marks a new phase in a long-running debate over the
federal government's role in fostering competition,
localism, and diversity in the media.

Federal law (47 U.S.C. §257(b)) directs the FCC to promote
policies favoring a diversity of media voices and vigorous
economic competition. The FCC has sought to achieve
these goals by limiting common ownership of television
stations within the same geographic market and restricting
common ownership of television or radio stations and
newspapers within the same region.

Since 2004, the law (47 U.S.C. §303(h)) has directed the
FCC to review its media ownership rules every four years
to determine whether they are necessary in the public
interest as a result of competition, and to repeal or modify
any regulation it determines to be no longer in the public
interest. Under a separate statutory directive (47 U.S.C.
§309(j)(3)(B)), the FCC, when awarding new broadcast
licenses, must promote opportunities for businesses owned
by members of minority groups and women. The U.S.
Court of Appeals, Third Circuit, has repeatedly directed the
FCC to review its broadcast ownership diversity and media
ownership rules simultaneously.

In August 2016, the FCC completed the 2014 Quadrennial
Review of its media ownership rules. Following this
review, the agency made narrow changes to its rules
limiting the type and number of media properties a single
entity may own (media ownership rules). In addition, the
FCC adopted new rules related to the determination and
disclosure of media ownership (attribution rules), as well as
the enhancement of media ownership diversity. The
changes to be considered on November 16 would repeal or
significantly alter some of the media ownership and
attribution rules.


The debate over media ownership rules occurs against the
background of sweeping changes in news consumption
patterns. Table 1 illustrates these general trends. Based on
surveys conducted by Pew Research Center, the percentage
of adults citing local broadcast television as a news source
declined from 65% in 1996 to 37% in 2017, and the
proportion describing newspapers as a news source
declined from 50% in 1996 to 18% in 2017. In 2017, for the
first time in the survey's history, the percentage of adults
citing online as a news source exceeded the percentage of
adults citing local T.V.


Table I. News Consumption Trends
Percentage of Adults Who Get News from Each Platform

                  Local
 Year     T.V.    T.V.    Radio   Newspaper     Online

 1996     59%     65%      44%        50%         not
                                                available
2000      56%     56%      43%        47%         not
                                                available
2004      59%     59%      40%        42%         24%
2008      57%     52%      35%        34%         29%
2012      55%     48%      33%        29%         39%
2016      57%     46%      25%        20%         38%
2017      50%     37%      25%        18%         43%
Source: 1996-2012 data: Pew Research Center for the People & the
Press, Biennial Media Consumption Survey 2012, September 27,
2012; 2016-2017 data: Jeffrey Gottfried and Elisa Shearer,
Americans' Online News Use Is Closing in on TV News Use,
September 7, 2017.
Notes: Data from 1996 to 2012 show the percentage of adults who
got news yesterday from each source, except that data on Local
TV are based on the percentage of adults who regularly watch.
Data from 2016 and 2017 are based on the percentage of adults who
get news often from each media platform. T.V. includes
broadcast and cable networks, as well as Local T.V.

The FCC's draft proposal cites changes in radio listenership
and newspaper readership as evidence that some ownership
rules are no longer necessary to achieve the agency's goals
of viewpoint diversity. In addition, the draft proposal states
that while the video marketplace has changed substantially
since the FCC adopted rules limiting common ownership of
television stations in 1999, broadcast television stations
still play a unique and important role in their local
communities. For this reason, the draft proposal concludes
that rules focused on preserving competition between
stations are still warranted.


The changes expected to be considered on November 16
would address several distinct media ownership rules and
create a new program to enhance ownership diversity.


Local television ownership rules limit common ownership
of television stations serving the same geographic region.
An entity may own or control two television stations in the
same television market, so long as the overlap of the
stations' signals is limited and the joint control does not
violate the top four/eight voices test.


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