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Obama’s Media Agenda

The presumptive nominee tackles the industry’s pressing issues

-- Broadcasting & Cable, 6/16/2008

Sidebars:
The Hundt-Powell Debate: Surrogates for Obama, McCain Face Off

Illinois Sen. Barack Obama has a profound appreciation of the media’s great possibilities. That’s at least part of what earned him the presumptive Democratic nomination for president.

Barack Obama

The great battle to get the nomination -- a bruising 13-month struggle against valiant New York Sen. Hillary Clinton -- has ended. The war, against Republican nominee and Arizona Sen. John McCain, has only begun.

And if Obama’s “Yes We Can” mantra leads to “Yes We Did” in a November election victory, he will be setting the tone for communications policy from the bulliest of all media pulpits. And he likely would have a solidly Democratic Congress behind him.

With that in mind, we asked the senator to weigh in on media’s great challenges, issues and limits and go on the record with B&C about his communications agenda.

In e-mailed responses last week to questions submitted to his Capitol Hill office, Obama told us he is committed to working toward a digital-TV transition that is without significant disruption (the switchover would come less than four weeks after his inauguration); said the Federal Communications Commission needs to take merger reviews more seriously; asserted that FCC chairman Kevin Martin, like his predecessor, has tried to “dismantle” rules that protect the public; and gave his thoughts on whether cable content should be regulated or its channels unbundled.

Obama believes the consequence of consolidation has been less diversity, less local news and the parroting of stories across multiple outlets. That, he said, needs to change.

In other words, the media is on notice: The potential new sheriff is in town, and he believes there’s plenty of cleaning up to do.

Q: You signaled that you would put the teeth back into antitrust enforcement. What would that mean for media companies that want to merge?

A: There is a clear need in this country for the reinvigoration of antitrust enforcement. Our competition agencies, the Department of Justice and the FTC [Federal Trade Commission], need to step up review of merger activity and take effective action to stop or restructure those mergers that are likely to harm consumer welfare, while quickly clearing those that do not. Specifically, for media mergers, the Department of Justice and the FTC should closely scrutinize all mergers for their implications for competition and consumer choice. The FCC should more seriously evaluate the impact of proposed mergers on the ability of divergent communities to participate in the national media environment.

Q: Where do you stand on the merger of XM Satellite Radio and Sirius Satellite Radio, the only two satellite-radio companies?

A: I am waiting for final resolution by the regulatory agencies and would want to ensure that the merger does not give the new firm excessive market power or unduly limit the choices consumers have for satellite-radio content.

Q: You have said network neutrality would be a priority in your administration. Why and how would you go about ensuring a neutral Internet while still allowing networks to manage traffic?

A: The Internet is a powerful, democratizing tool. There are very low entry barriers for the delivery of services over the Internet, and public debate is unfettered by either the network owner or any single dominant voice. The neutral nature of the Internet makes that possible, and it is something we should defend. Up to now, legislation has focused on protecting against the discrimination against or in favor of any single voice or legal service. All have made allowances for objective, nondiscriminatory network-management practices.

Q: What prompted you to weigh in on media ownership and diversity at an FCC field hearing in Chicago (http://www.broadcastingcable.com/article/CA6480419.html) last year?

A: I strongly favor diversity of ownership of outlets and protection against the excessive concentration of power in the hands of any one corporation, interest or small group. I strongly believe that all citizens should be able to receive information from the broadest range of sources. I feel that media consolidation during the Bush administration has had the effect of eliminating a lot of the diversity of information sources available to persons who have to rely on more traditional information sources, such as radio and television broadcasts and newspapers.

Q: What ill effects has the country suffered from media consolidation, if any?

A: This country’s media ownership rules that both chairman [Michael] Powell and chairman Martin have wanted to dismantle protect us from excessive media concentration. However, even under current rules, the media market is dominated by a handful of firms. The ill effects of consolidation today and continued consolidation are well-documented -- less diversity of opinion, less local news coverage, replication of the same stories across multiple outlets, and others. We can do better.

Q: You co-sponsored the Dorgan bill to block the FCC’s media-ownership change, which Martin has argued was a moderate compromise that took into account the input of opponents to consolidation. Why block it?

A: Chairmen Martin and Powell both argued that their previous effort to deregulate the media market was moderate, as well. Both the courts and a majority of the Senate disagreed the first time. And a few weeks back, the Senate disagreed with chairman Martin again. While he argues that the rule is no longer in the public interest, the public response has heavily weighed in against him. And common sense tells us that the consolidation of outlets in local markets will lead to fewer opportunities for diverse expression of opinions.

Q: What concerns, if any, do you have over violent or sexual content on TV? Should cable be regulated for content?

A: We have established a precedent that government should act to protect kids in a nonintrusive way on broadcast radio and TV. That does not mean that we need the same rules for other media, but it does require us to respect and remain true to the principle that our kids cannot protect themselves -- parents are their first line of defense, and regulation can make it easier for parents to exercise that responsibility. I am focused on ensuring that parents have the tools to protect their kids from offensive material. I prefer technological solutions to this challenge rather than extending content regulation to cable and satellite. Given modern technology and increasingly sophisticated cable and satellite boxes and services, the market should be able to rise to meet the market demand to protect kids from indecent content. If the market fails to meet that demand, legislative and regulatory action may be necessary -- but it must be crafted carefully and focus not on content censorship, but rather on tools for parents.

Q: Do you support requiring cable operators to sell their channels a la carte? Why or why not?

A: I think the jury is still out on a la carte. Several years ago, chairman Powell had the FCC study the effect on consumers of an a la carte system. That study concluded that on average, rates would go up for consumers because each channel would cost much more even if the consumer took fewer channels than they currently receive. Then during his term, chairman Martin had the FCC conduct a review of that study and reversed the findings. FCC staff said the previous report was wrong to conclude that the average cable household -- which watches about 17 channels -- would likely face a monthly rate increase of up to 30% under a la carte. That 2004 report reasoned that a la carte would drive up cable companies’ costs for equipment, customer service and marketing, and that would almost certainly be passed on to subscribers. But the new report says consumers could receive as many as 20 channels without seeing an increase in bills and blamed the earlier finding on faulty data it obtained from the cable industry. I do not want to discourage diversity of programming on cable systems and fear that a la carte regulation may do that. But given the conflicting FCC reports, I remain open to review and discussion of the concept.

Q: You have complained about the influence of special interests on Washington. What kind of FCC chairman would you appoint, and would you look beyond the traditional lobbyists and lawyers for your pick?

A: I think FCC commissioners must be committed to service, averse to drama and capable of bringing disparate communities together. They must have a combination of technical and political expertise and solid relationships in Congress, with industry and with the public-interest community.

Q: How would communications policy be different under your administration compared to the current president?

A: I think communications policy must be more focused on the public interest, more inclusive of nonindustry voices and analysis, and maximize opportunities for the expression of a diversity of views. These issues go beyond simple economics to involve a set of core principles of an informed and empowered citizenry that need to be recognized in government’s approach to this important segment of our society.

Q: If you become president, you will take office only weeks before the biggest technological change in TV history. How will you prepare for that, and will you put someone on your team in charge of keeping tabs on the progress of that transition?

A: The transition will continue to require public-private cooperation and targeted outreach to seniors and lower-income communities. We have made coupons available for converter boxes, and we need to ensure that the neediest individuals are receiving them.

Estimates vary over the number of analog TV sets and households affected. According to Nielsen Media Research, 13 million households cannot receive digital-television signals, and an additional 6 million households have at least one other television set that would no longer work after the transition. Of particular concern are low-income, elderly, disabled, non-English-speaking and minority populations. Many of these groups tend to rely more on over-the-air television and, as a result, are more likely to be impacted by the digital transition. I am committed to working with the Senate and House Commerce Committees and the appropriate agencies to ensure that this transition happens without significant disruption and inconvenience.

 

 

The Hundt-Powell Debate: Surrogates for Obama, McCain Face Off

Last week in Washington, D.C., Reed Hundt, a former Federal Communications Commission chairman and campaign advisor to Sen. Barack Obama (D-Ill.), traded policy positions with Michael Powell, a former FCC chairman who is advising Sen. John McCain (R-Ariz.).

Reed Hundt

The squared circle was a Federalist Society luncheon at the National Press Club, where the sparks flew early and often over network neutrality, Iraq war coverage, media ownership and overall regulatory philosophies as they mixed policy positions and their own views with jabs at the opponent.

Hundt even had a second in his corner for the fight -- his son, Nathaniel, one year out of college and already a field organizer for Obama. "He won three of the four states in which he was organizing," the proud papa said before doing battle with Powell.

B&C was at a ringside table for the bout, including the following excerpts from the blow-by-blow.

Network neutrality: Obama is for regulation that would assure network neutrality. Hundt said, “Net neutrality is basically the broadband, future-oriented version of common-carrier [regulations], which worked in this country to provide an absolute rule against discrimination for decades and decades. And only those who are not willing to embrace the future are reluctant to take that same principle and apply it to broadband. Net neutrality is a principle of free speech, free choice and sound economics.”

Michael Powell

Powell said McCain also favors network neutrality but thinks a regulation mandating it is wrong. "Sen. McCain has always embraced a free and open Internet,” he added. “He does not currently support network-neutrality legislation. The reasons are quite simple. If any of you had attended some of the net-neutrality hearings that have taken place under the auspices of the FCC, you watched a table of highly talented Ph.Ds in network architecture battling over what practices constitute reasonable management and what practices constitute discrimination of bits. We're not confident that that argument is right to be resolved by the United States Congress. You need to recognize that net-neutrality legislation would be the first fateful step of inviting the federal government to regulate the nature of the Internet."

Ownership limits: Hundt said Obama “doesn't think there should be any more media consolidation until new policies are developed to promote diversity and localism. When you put those policies in place, then you are permitted to build on top of it a clear and understandable antitrust paradigm that could be followed by everybody in the industry.

What we have had for the past seven-and-a-half years is no antitrust policy and the approval of everything."

Powell said, “Sen. McCain believes that with regard to ownership and diversity, one thing he has spent a lot more attention on is creating more opportunities for diversity. He was one of the most vocal supporters for a reformed tax-certificate policy to allow minorities to own more stations. He has tended to try to address those issues by creating more opportunities for entrants. The second thing, he believes that the system is broken. Is it sensible that we somehow don't count in the market definition cable television when setting broadcast-ownership limits as if it somehow just doesn't even exist? I think that, without reaching a specific conclusion of where those limits should be, Sen. McCain feels that we have led ourselves to a relatively irrational regulatory regime.”

On media consolidation and the war in Iraq: Hundt said, “Speaking personally, the most glaring example of [homogenous media] was documented in a recent Senate report about the way the administration misled the United States people concerning the reasons for going into Iraq. That was aided and abetted by the mainstream media in the United States, in my perception.”

He continued, “If you look at the polls, it took a very long time, principally driven by people like Sen. Obama standing up and the Internet being available, for Americans to begin to realize that they had been buffaloed and deluded by the Bush/McCain administration. Is there a direct and obvious correlation between media concentration and that particular, successful effort? I don’t know that that can be proved. But there is an absolutely clear basis just from this major story alone to argue for network neutrality so that there can’t be a concert of action between network-access providers and the government to censor or discriminate against those who would like to have the truth get free.”

Powell disagreed. “I take a little bit of issue with Reed,” he began. “I’m not necessarily one to defend the media’s editorial judgment, but don’t pretend there was a shortage of views represented in the information cosmos about the war. [It was aided by] the rise of blogging and alternate media and its ability to organize opinion. If anything, I think one would amazed by the speed with which the counter-message eventually took hold.” —John Eggerton

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