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FCC HEAPS NEW REPORTING REGS ON TV STATIONS

By Harry A. Jessell
TVNEWSDAY, Nov 28 2007, 7:20 AM ET

Amid all the controversy over cable regulation yesterday, the FCC imposed some significant new regulatory obligations on broadcasters.

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By a 5-0 vote with Commissioner Robert McDowell dissenting in part, the agency is requiring TV stations to make quarterly local programming reports on standardized forms.

Stations must file the reports with the FCC and, if they have a Web site, make them available online to the public.

The standardized forms will require broadcasters to list “various types of programming, including local civic programming, local electoral affairs programming, public service announcements, and independently produced programming,” according to the FCC press release issued following the late-night vote.

The forms also will require broadcasters to report any efforts they have made to ascertain the programming needs of various segments of their community, closed captioning and video described content.

This form will replace the current issues/programs list, which required broadcasters to place in their public file on a quarterly basis a list of programs that have provided the most significant treatment of community issues.

“With a standardized form and public Internet access to it, public and government officials will now be able to engage them directly in a discussion about exactly what local commitments broadcasters are and/or should be fulfilling,” said FCC Chairman Kevin Martin in a prepared statement.

“Broadcasters are required to meet the needs and interests of their local audience and the item we adopt today allows the public to better monitor how they are fulfilling this public interest obligation.

“This public ‘report card’ will shine a bright light on the activities of television stations across the country,” the chairman said.

Democratic Commissioner Michael Copps saw the action as one step toward his goal of imposing specific public interest obligations on broadcasters.

“[I]f we ever get serious about having an honest-to-goodness licensing and re-licensing regime around here—and I intend to keep pushing hard for that—we will have much better data on which to make those decisions,” Copps said.

Explaining his partial dissent to the action, Commissioner Robert McDowell said he objected to the “quick” 60-day implementation requirement.

And McDowell put himself squarely in opposition to Copps, saying the FCC is heading in the “wrong direction” with the new reporting requirements.

“Today’s highly competitive video market motivates broadcasters to respond to the interests of their local communities,” he said.

“I question the need for government to foist upon local stations its preferences regarding categories of programming,” he said.

“While we stop short of requiring certain content, we risk treading on the First Amendment rights of broadcasters.

“The First Amendment applies to them too.  This form is government’s not-so-subtle attempt to exert pressure on stations to air certain types of content.  I cannot aid and abet even a small step toward such a goal.”

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