Yesterday, we wrote about a government task force, in which the FCC is playing a starring role, to study the media’s impact on obesity.  Now, press reports indicate that violent programming on TV may be the subject of Congressional scrutiny this year.  An LA Times report cites a number of influential lawmakers as wanting to initiate a government review of violent programming and whether the FCC should regulate that programming.  A study from the FCC on violent programming is expected soon.  That study, coming on the heels of one released by the Parent’s Television Council, which we reported on here, may well fuel this Congressional action.

There seems to be an unending list of complaints about the broadcast media, and for each complaint, there seems to be someone ready to introduce a law to do something about it.  Broadcasters need to be diligent and restrained in their conduct, as one Janet Jackson-like incident could result in new legislation getting the momentum necessary to become something more than a line in a campaign speech.  In an editorial, Broadcasting and Cable has urged such restraint.  With an election less than two years away that already appears to be featuring an unprecedented number of Presidential candidates and a large number of fiercely contested Senate races, no one wants to become that campaign issue that results in new regulations on broadcaster’s freedoms. 

The FCC yesterday adopted two orders approving the initiation of operations by Qualcomm of its MediaFLO wireless multimedia system on television channel 55 in the Richmond/Norfolk area of Virginia, and in St. Louis Missouri.  Qualcomm purchased the nationwide rights to use Channel 55 in an FCC spectrum auction several years ago.  At the end of the digital transition, channels 52 and above will no longer be used by television broadcasters, but instead will be used for wireless services (as well as some public safety users).  The channels between 52 and 59 have already been auctioned, and can be used if they don’t cause interference to current television users.  In these two cases, Qualcomm was able to reach agreements with broadcasters in adjacent markets to agree to accept minimal amounts of interference so that Qualcomm could initiate its MediaFLO service.  The FCC found that the minimal interference to these stations would not significantly affect television viewers, and granted Qualcomm authority to commence operations.

According to the Qualcomm website, their MediaFLO service will provide interactive audio and video to handheld devices – essentially mobile phones optimized for multimedia content.  While the website seems to imply that this will be a closed system with content provided by a limited number of providers or partners, it will operate with a IP type technology, which could allow a more open system in the future.  Other users are apparently planning to use these channels for high speed wireless Internet services.  So, perhaps ironically, as free over-the-air TV abandons these channels in the next two years as the digital transition nears its end, a new subscription audio and video service will take its place.  Progress?

 

In a Public Notice issued today, the FCC announced the membership of a Task Force to study how the Media affects childhood obesity.  We reported on the formation of the task force in October, but its membership is just being announced, and its first meeting will be taking place on Valentines Day (probably without red hearts filled with chocolates for the members).  The task force is comprised of representatives of various public interest groups, food and media industry representatives, two FCC Commissioners and Senators Brownback and Harkin.  The Public Notice states that the Task Force will focus on voluntary means by which the media can help fight childhood obesity.  At the end of their study, the Task Force will issue a report on its findings.

This issue is one which the broadcaster should follow closely.  Senator Brownback has made this issue his own and, with his announcement this week that he is exploring a run for President, we can be sure that more will be heard about this issue.  We reported in August on his initial attempts to have the industry adopt guidelines to limit the advertising to children of unhealthy foods.  Also, Commissioner Tate has enthusiastically promoted this task force, issuing a statement today applauding the start of its important business of addressing this societal problem.  With these officials invested in this issue, broadcasters will no doubt face pressures to restrict their advertising of unhealthy food.  Watch for the results and recommendations of this Task Force in the next year.

The Bipartisan Campaign Reform Act ("BCRA") adopted in 2002 prohibits the purchase of broadcast commercials by labor unions and corporations using their general funds during the 30 days before a Federal primary and the 60 days prior to a Federal general election. The Act prohibited these "electioneering communications," and essentially defined an electioneering communication as any mention of a Federal candidate. The Supreme Court this past week decided to hear the appeal of a US District Court decision which found the prohibition unconstitutional as applied to a Wisconsin Right to Life group, organized as a corporation, which had purchased ads mentioning a candidate in the 60 days prior to an election. If the Supreme Court upholds this decision, we may see more corporate and union money spent on advertising prior to the 2008 elections.

The District Court decision is not so broad so as to allow unlimited political advertising by these groups. Instead, the Court only held that advertising that was directed at specific issues (in this case Senate filibusters of judicial nominees) was not prohibited if the message was not directed at the election. In this case, the ads asked that residents call their Senators and tell them to stop delaying the judicial nominations, naming Senator Feingold, who was up for reelection. Perhaps not so coincidentally, Senator Feingold was one of the principal authors of BCRA (also known as the McCain-Feingold Act). The ads did not specifically tie this issue to the election, or mention Senator Feingold’s candidacy at all. More on the case can be found in an article in Saturday’s Washington Post.

Continue Reading Supreme Court to Decide on More Political Advertising

About this time every year, predictions are offered as to what will happen in the coming year.  Since everyone else does it, we’ve offered our own predictions as to what Washington has in store for the broadcast industry in 2007.  Find a copy of our predictions in the memo on our firm website, here.  The advisory offers our thoughts on many of the regulatory issues affecting broadcasters that may well come out of Washington this year.  Our observations are offered on the status of considerations including multiple ownership, the digital television transition, payola, indecency, Internet radio and even the political broadcasting rules. 

Let us know if you think our crystal ball is a little cloudy.

On Friday, the FCC announced an extension of time in which comments can be filed in its proceeding to assess the impact of broadcast towers on migratory birds.  We reported on this proceeding here.  The order granting the extension noted that most of the active parties in the proceeding, including both conservation groups and communications trade associations, backed the extension.  Comments, which were due on January 22, will now be due April 23, with Reply Comments due May 23.

Together with the pending FAA proceeding which raised the possibility of requiring FAA approval for the addition of any new communications user on a tower (about which we reported here), the outcome of this proceeding is very important to all communications companies, as an adverse outcome could greatly complicate the already difficult process of constructing communications towers.

In a report issued last week, the Parent’s Television Council submits that there has been a significant increase in violent programming on television since 1998.  The report contends that violent programming has increased, and become more graphic and more sensationalized.  Will this report  mark the beginning of a new attempt to regulate television programming?

The FCC, because of a requirement imposed by Congress several years ago, already asks television broadcasters to report in license renewal applications all complaints they have received about violent TV programming.  Thus far, this question has not resulted in any action against any broadcaster.

The PTC has also been involved in the efforts to make the FCC take a more aggressive stance against indecency.  In fact, on it’s website, it currently has a headline suggesting that readers file a complaint with the FCC about the appearance of the "F Word" on a spectator’s tee shirt in one of the NFL telecasts of this past weekend. 

 Thus, violence may well join the growing list of programming issues (including indecency, children’s educational programming, and advertising relating to unhealthy food) about which broadcasters may need to be concerned in the future.