By David Hatch
(Wednesday, December 5) House Republicans rallied to the defense of embattled FCC Chairman Kevin Martin on Wednesday with endorsements of his plan to ease a critical media-ownership rule.
Democrats reiterated their demand that he delay a Dec. 18 vote, but Martin, a Republican, gained the support of two Democrats: Reps. Rick Boucher of Virginia and Gene Green of Texas.
During an oversight hearing before the Energy and Commerce Telecommunications and the Internet Subcommittee, Martin said lifting the 1975 ban on owning a newspaper and broadcast outlet in the same city is necessary for the survival of papers in the Internet era. He wants to ease the prohibition in the nation's top 20 markets.
"Newspapers in financial difficulty often have little choice other than to scale back their news-reporting," Martin said during the session, which included testimony from his colleagues -- two Republicans and two Democrats. He cited cutbacks and financial hurdles at newspapers such as The Boston Globe, serving the hometown of subcommittee Chairman Edward Markey, D-Mass.
"The cross-ownership ban is a relic of the past, its time is gone, and it should be abolished," said Rep. Joe Barton of Texas, the full committee's ranking Republican. Several GOP lawmakers even complained that Martin's plan would not go far enough, with Michigan Rep. Fred Upton lamenting that it would not ease radio industry regulations.
But there was considerable pushback from majority members and the agency's Democrats, FCC Commissioners Jonathan Adelstein and Michael Copps. "Excessive media consolidation can represent a powerful toxin to democracy," said Markey, arguing that Congress and the public need more time to consider proposed changes.
"The FCC is lurching dangerously off course, and I fear that at this point only congressional oversight can put us back on track," Copps warned. He accused the agency of giving "short shrift" to paltry ownership levels among minorities and women. "People aren't clamoring for us to relax the cross-ownership ban," Adelstein said.
"I continue to have grave concerns about the lack of time to review comments on the proposed rule," said House Energy and Commerce Chairman John Dingell, D-Mich.
Lawmakers also raised concerns about Martin's effort to apply a weaker standard for permitting newspaper-broadcast combinations in small markets. Waivers are now granted for financial hardship, but Martin would allow consolidation if it is deemed to serve the public interest.
Adelstein and Copps scoffed at the new criteria, likening its strength to an overcooked "wet noodle" or a "bowl of Jell-O," respectively. Martin insisted that he supports a "high hurdle" for allowing concentration in small cities.
Seeking to broker a compromise, Markey encouraged the chairman to work with his colleagues to modify the language.
Martin has faced relentless pressure for months to delay the upcoming vote. The Senate Commerce Committee on Tuesday approved legislation that would force a lengthy postponement. Martin will appear before that panel Dec. 13.
While applauding Martin's moves on media ownership, several Republicans expressed frustration with his efforts to re-impose a cap on the size of cable systems. Martin said he only plans to restore a limit previously annulled by the courts but will not lower the threshold.