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BROADCAST REREG

FCC WANTS TO MANDATE LOCAL PROGRAMMING

By Harry A. Jessell
TVNEWSDAY, Dec 13 2007, 4:15 PM ET

The FCC is considering rules that would require broadcasters to air “a significant amount of locally oriented programming” and establish permanent local boards to advise them on what kinds of programming to air.

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FCC Chairman Kevin Martin unveiled the FCC’s intentions at a hearing before the Senate Commerce Committee earlier today.

“The rule changes that I propose are intended to promote localism by providing viewers and listeners greater access to locally responsive programming including, but not limited to, local news and other civic affairs programming,” the chairman told the Senators.

The commission is expected to issue the proposed rules and ask for comment on them at its open meeting next Tuesday (Dec. 18).

The rulemaking dovetails with the new “enhanced disclosure” rules the FCC adopted last month. They require TV stations to report quarterly the types of local programming they air on standardized forms.

“With a standardized form and public Internet access to it, the 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,” Martin said.

Martin’s interest in establishing programming standards for broadcasters is beginning to alarm broadcast lobbyists and lawyers.

“If the rumors I’m hearing are true, we will be returning to regulations that haven’t been in place in 25 years,” said veteran communications attorney David Oxenford.

“What amazes me most is the FCC did away with these kinds of rules 25 years ago because it concluded that the marketplace would force broadcasters to address the needs of their community,” he said.

“And today there is so much more competition than there was then,” he continued. “Broadcasters have to address of the needs of their community or they become irrelevant.”

The proposed programming standards are an outgrowth of an inquiry on localism that the FCC launched in 2003 to deflect criticism that the agency was getting then for relaxing media ownership rules.

A federal court overturned the FCC vote on the ownership, but the localism kept going, culminating in a public hearing at the FCC on Oct. 31.

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