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This listserv will be used to facilitate communication among alternative media academics <[log in to unmask]>
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"Rodriguez, Clemencia" <[log in to unmask]>
Date:
Sat, 6 Sep 2003 19:32:28 -0500
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English below.

Español:
Resúmen: una corte federal de los Estados Unidos acaba de bloquear una serie
de regulaciones de la FCC (Federal Communication Commission, organismo que
regula los medios y las TICs en EEUU) diseñadas para agravar la situación de
concentración de medios en unas pocas grandes corporaciones en este país.
Uno de los colectivos que lideró el proceso hasta llevarlo a la corte
federal es Prometheus Radio Project, miembro de OURMedia. 

English: 
REUTERS
Judges Block New FCC Ownership Rules
Wed September 3, 2003 06:32 PM ET
By David Morgan

PHILADELPHIA (Reuters) - A U.S. federal court on Wednesday blocked 
controversial new Federal Communications Commission media ownership 
rules pending a full judicial review in a major blow to large media 
companies.

In a loss for the Republican-led FCC, the three-judge panel of the 
Third U.S. Circuit Court of Appeals in Philadelphia granted a stay 
order that prevented the new rules from taking effect as scheduled on 
Thursday.

Critics argued that the FCC rules would concentrate too much power in 
the hands of media moguls.

The new rules were backed by media giants including Viacom Inc.'s 
VIAb.N CBS, General Electric Co.'s GE.N NBC and News Corp. Ltd's 
NPC.AX Fox television networks, none of which had any immediate 
comment on the stay order.

"Given the magnitude of this matter, and the public's interest in 
reaching the proper resolution, a stay is warranted pending thorough 
and efficient judicial review," the three-page judicial order stated.

A spokesman for the FCC said, "While we are disappointed by the decision
by the court to stay the new rules, we will continue to vigorously defend
them and look forward to a decision by the court on the merits."

The new rules, adopted by a 3-2 vote in June after vehement criticism from
consumer advocates and both Republican and Democratic lawmakers, would
allow a single media company to reach 45 percent of the national
television audience through local TV station ownership -- up from a
current 35 percent.

MEDIA MARKET REFORMS

Companies also would be able to own both newspapers and broadcasters in
the same markets.

The ruling marks the latest skirmish in a battle over media market reforms
that have pitted the FCC and leading media companies against an unusual
alliance of Democrats, Republicans, consumer advocates and conservative
groups including the National Rifle Association.

The order was requested by a media-activist group called the Prometheus
Radio Project, which argued that the new rules would precipitate a new
wave of media consolidation by loosening long-standing limits on the
ownership of local television and radio broadcast stations.

The panel headed by Circuit Chief Judge Anthony Scirica said that not
granting a stay, and allowing the rules to come into effect as scheduled,
would have harmed the interests of Prometheus and other FCC critics who
fear the regulations would further narrow the existing diversity of media
views.

By contrast, the judges concluded there was little evidence to suggest
that the FCC and large media companies who have backed the rule change
would be harmed by a delay. In fact, the judges said their action would
only preserve the status quo.

The ruling followed two-hours of oral arguments in which panel members
repeatedly underscored what they viewed as the gravity of the FCC rule
change for the public interest.

They also heard attorneys from both sides attest that FCC Chairman Michael
Powell had ruled out the possibility of the agency issuing its own stay.
Later, in their order, the judges said they ordinarily would have directed
Prometheus back to the FCC but that it was "virtually certain" the FCC
would not grant a stay in the matter.

"We're pleased and optimistic we can prevail ultimately on appeal,"  said
Andy Schwartzman, an attorney for the public interest law firm Media
Access Project, which represented Prometheus at Wednesday's hearing.

Measures in both the U.S. Senate and House of Representatives would
reverse the ceiling on national audience reach to 35 percent. The Senate
effort would also drop rules allowing television broadcasters to own more
local stations and permitting a company to own a newspaper, television
station and radio outlet in a single market.

The appellate judges will decide later if the case should be moved from
Philadelphia to a federal court in Washington.


OURMedia/NuestrosMedios
a global network of activists, academics, and practitioners
working toward stronger alternative, community, and citizens' media.

Una red global de activistas y academic@s apoyando
los medios alternativos, ciudadanos y comunitarios

Contact: Clemencia Rodriguez
University of Oklahoma
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