We Win One

This is a significant victory for those of us who desire a free and open Internet:

WASHINGTON (AP) — The head of the Federal Communications Commission said Thursday that he would recommend that Comcast, the nation’s largest cable company, be punished for violating agency principles that guarantee customers open access to the Internet.

The potentially precedent-setting move stems from a complaint that Comcast had blocked Internet traffic among users of a certain type of file-sharing software that allowed them to exchange large amounts of data.

“The commission has adopted a set of principles that protects consumers access to the Internet,” the commission chairman, Kevin J. Martin, told The Associated Press late Thursday. “We found that Comcast’s actions in this instance violated our principles.”

That's George Bush's FCC Commissioner, just so you remember.

At the Save the Internet blog Tim Karr calls this a win for organized people over organized money. Clearly Comcast tried everything they could to prevent accountability on this, including stacking open FCC meetings with sleeping seat warmers. Ultimately, common sense and the principle of net neutrality prevailed.

But it needs to go beyond principle or even precedent and become codified into law. Virtually every Democratic Senate challenger supports the concept of net neutrality and legislation like the Internet Freedom Preservation Act, so we'll have more votes in the Senate for this after November. For now, let's leverage this victory.

D-Day Just Sold To Globotech

Hello, blogger-reader-types! This is William R. Lottacash, CEO of Globotech, and we're pleased as punch to be boldly entering the exciting world of new media, creating synergies with our landline products and reaching a whole new demographic class. And thanks to the FCC, it's all perfectly legal!

By the narrowest of margins, the Federal Communications Commission adopted proposals by its chairman to tighten the reins on the cable television industry while loosening 32-year-old restrictions that have prevented a company from owning both a newspaper and a television or radio station in the same city [...]

Mr. Martin has said that a relaxation of the ownership rules was a modest, though vital step toward assisting the newspaper industry as it struggled financially as advertising and readership migrates rapidly to the Internet. He has been critical of the cable television industry for raising rates far greater than the rate of inflation and for failing to offer consumers enough choices in subscription packages.

“We cannot ignore the fact the media marketplace is considerably different than when the media ownership rule was put in place more than 30 years ago,” he said of the newspaper-broadcast rule.

The dissenting commissioners complained strongly about the outcome.

Michael J. Copps, a Democratic commissioner who has led a nationwide effort against relaxing the media ownership rules, said the rule was nothing more than a big Christmas present to the largest conglomerates.

“In the final analysis,” Mr. Copps said, “the real winners today are businesses that are in many cases quite healthy, and the real losers are going to be all of us who depend on the news media to learn what’s happening in our communities and to keep an eye on local government.”

See, blogger-readers, it's your fault this happened. And hopefully, with Globotech's new blog-product, you will be more enticed to read and watch our other fine newsotainment content so we don't have to buy the whole Internet.

Our first blog-action: please throw eggs at John Kerry's office!

Sen. John Kerry (D-Mass.) condemned Federal Communications Commission Chairman Kevin Martin’s decision today to rush through a vote on media consolidation. The vote to relax the rules regarding cross media ownership of newspapers and radio stations passed by a 3-2 party line vote today. The FCC vote will allow media companies to further consolidate. Martin’s decision to the hold the vote ignores the expressed will of the Senate Commerce Committee. Sens. Kerry and Obama made clear last week that if Martin forced through the vote today, they would ask the Appropriations Committee to deny funding for implementation of the rule produced by the forced vote.

"By rushing through this vote today, Chairman Martin did the bidding of big corporate interests and threatened to further marginalize independent media, directly limit diversity, and damage America’s public discourse," said Kerry. "Chairman Martin was warned that ignoring the will of the Commerce Committee would have consequences, and I will work hard with my colleagues on the appropriations committee to ensure that the FCC’s funding reflects Chairman Martin’s decision to go against the commission’s own charter and limit media diversity rather than foster it."

These fine FCC Chairmen are only doing the job of ensuring Big Media keeps a small slice - only 100% - of the media pie. Globotech tells all blog-o-sphericans (I just made that up!) to reject Sen. Kerry's extreme move. Thank you.

(when are you gonna untie me? -dday)

Embarrasment of the Riches

John Edwards sees the prospect of losing me to Chris Dodd, raises me a letter to the FCC about the other massive giveaway to corporate America revealed yesterday:

Dear (FCC) Chairman Martin:

I urge you to cease your efforts to radically rewrite the rules preventing excessive media consolidation. You and your fellow commissioners have the responsibility to ensure that our nation's media is open, democratic and as diverse as the American people, and not – like too much of our economy and our political system today – dominated by the wealthiest Americans, large corporations and their lobbyists. Rewriting the ownership rules in the manner you propose is contrary to that responsibility.

For decades, administrations of both parties and the FCC have tolerated and even encouraged the extreme consolidation of our media. In just the two years after telecommunications deregulation in 1996, the ownership of nearly half of America's radio stations changed, and by 2000, one media company had acquired over 1,100 radio stations. Eight business conglomerates now control the majority of media content in America, and two-thirds of all independently-owned newspapers have shut down since 1975.

Any benefits to consumers from vertical integration have been overwhelmed by the threats to competition, fair pricing and journalistic independence. The result of all this over-concentration, Mr. Chairman, is a poorer democracy, with a few loud corporate voices drowning out independent perspectives and local participation.

High levels of media consolidation threaten free speech, they tilt the public dialogue towards corporate priorities and away from local concerns, and they make it increasingly difficult for women and people of color to own meaningful stakes in our nation's media. Rather than further weakening efforts to ensure a diverse media, as you now propose, the FCC should instead be strengthening media ownership and concentration limits so that a few huge multinational corporations are not in charge of shaping our democracy.

When your predecessor Chairman Powell made a similar attempt, nearly 3 million highly diverse Americans wrote to the FCC to express their grave concerns. I hope that you and your fellow commissioners can find the will to continue to deny the ambitions of a small number of media executives and their lobbyists, in the interest of advancing a fuller, fairer democracy.

Yours sincerely,

John Edwards

The fight against Michael Powell's efforts to loosen media ownership rules was one of the first people-powered movements. It would be repeated 10 times over if Martin continues with this nonsense. We need to be making those ownership rules more restrictive, not less, and we should be encouraging media diversity, not agglomeration.

Edwards and Dodd are running campaigns the right way - by showing leadership instead of talking about it. I hear Joe Biden is signing on to Dodd's hold on the awful telecom immunity bill; that's good too, and it shows how leadership is contagious. Our problem in the Democratic Party right now is a dearth of true leadership, combined with the fact that the person running away with the primary has no interest in taking that mantle. Which is why I think an outpouring of support for leaders like Dodd and Edwards may force her to take notice.

UPDATE: Like I said, leadership is contagious. Obama wants the head of the Voting Rights Division at the Justice Department fired. How about putting a hold on the Mukasey confirmation until that happens, Barack?

In a letter today, Sen. Barack Obama (D-IL) urged the acting attorney general to fire voting rights section chief John Tanner. Citing Tanner's remarks earlier this month that "minorities don't become elderly the way white people do: They die first," Obama wrote that "Through his inexcusable comments, Mr. Tanner has clearly demonstrated that he possesses neither the character nor the judgment to be heading the Voting Rights Section." He concluded: "For that reason, I respectfully request that you remove him from his position."

The OTHER Proposed Massive Giveaway To Giant Corporations Today

Overshadowed by the Senate markup of the FISA bill including retroactive immunity for telecoms, Chris Dodd's noble hold on the bill, etc., is an item in today's New York Times that has just as damaging consequences for the future of American democracy. Apparently FCC Commissioner Kevin Martin is quietly planning to relax media ownership restrictions even MORE than they are now, an action that would prompt even more consolidation in the industry and control of the news and information media in even less hands. As it would increase the power of media conglomerates, the implications for all sorts of pernicious legislation, up to and including the destruction of net neutrality, are enormous.

The head of the Federal Communications Commission has circulated an ambitious plan to relax the decades-old media ownership rules, including repealing a rule that forbids a company to own both a newspaper and a television or radio station in the same city.

Kevin J. Martin, chairman of the commission, wants to repeal the rule in the next two months — a plan that, if successful, would be a big victory for some executives of media conglomerates.

Among them are Samuel Zell, the Chicago investor who is seeking to complete a buyout of the Tribune Company, and Rupert Murdoch, who has lobbied against the rule for years so that he can continue controlling both The New York Post and a Fox television station in New York.

There's a 3-2 partisan split on the FCC, and the majority Republicans are down with repealing ownership restrictions. The Democrats are questioning it for now, Michael Copps is totally against it and Jonathan Adelstein is making less forceful statements, also to his credit, he called the proposal "awfully aggressive." The plan for Martin, clearly, is to woo Adelstein and call it a bipartisan approach.

Martin's predecessor, Michael Powell, tried the same thing three years ago, was taken to court over it, and lost:

Three years ago, the commission lost a major court challenge to its last effort, led by Michael K. Powell, its chairman at the time, to relax the media ownership rules. The United States Court of Appeals for the Third Circuit, in Philadelphia, concluded that the commission had failed to adequately justify the new rules. Mr. Martin’s proposal would presumably include new evidence aimed at fending off similar legal challenges.

Mr. Powell’s effort, which had been supported by lobbyists for broadcasters, newspapers and major media conglomerates, provoked a wave of criticism from a broad coalition of opponents. Among them were the National Organization for Women, the National Rifle Association, the Parents Television Council and the United States Conference of Catholic Bishops.

The agency was flooded with nearly three million comments against changing the rules, the most it has ever received in a rule-making process.

What's forcing Martin's hand are some new major acquisitions by some of the biggest names in media. Sam Zell is trying to buy out the Tribune Company, and receive by proxy the "temporary waivers" that allowed Tribune to own a newspaper and a TV station in New York, Chicago, Los Angeles, Miami and Hartford. In addition, there's Rupert Murdoch's recent purchase of the Wall Street Journal, and his attempt to further consolidate the information market.

It can be argued that the media consolidation that we have already seen, dating from the Telecommunications Act of 1996, are in many ways directly responsible for the cheapening of information and the trivialization of American democracy that we witness today. We know that radio has become almost a two-owner game between Viacom and Clear Channel, and as a result talk radio in particular is grossly imbalanced and not reflective of the market. The lack of local participation in media management in particular has led to mass syndication and a depressing sameness around the radio dial, as well as an elimination of any local content. Consolidation has also led to a reliance on profit and meeting Wall Street expectations rather than reporting the news. Massive cuts in newsroom budgets and foreign affairs bureaus are a direct result of control from a corporation rather than anyone acting in the local interest. So newspapers rely more on AP wire stories, shared content with other papers in the conglomerate, syndicated content, and articles that are really press releases, while local broadcast "news" has cratered almost completely. People are turning to the Internet for their news and that has spurned something of an information revolution, but the vast majority of the public still gets their information from old-media sources, and that public is not being served.

A bipartisan coalition of Senators is trying to stop this in its tracks.

Chairman Martin’s secret plans were uncovered during a Commerce Committee hearing yesterday by Sen. Byron Dorgan (D-N.D.), one of the most vocal critics of media consolidation. Sen. Dorgan has co-authored a letter with Sen. Trent Lott (R-Miss.) to the FCC calling for a more transparent and open public review of the media ownership rules.

“We do not believe the Commission has adequately studied the impact of media consolidation,” wrote Sens. Dorgan and Lott. “The FCC should not rush forward and repeat mistakes of the past. The Commission is under considerable scrutiny with this proceeding. We strongly encourage you to slow down and proceed with caution.”

Later, Dorgan said, “If the chairman intends to do something by the end of the year, then there will be a firestorm of protest and I’m going to be carrying the wood.”

Chairman Martin has preferred to operate in secret and broker deals that benefit major media conglomerates at the expense of the public interest. It's not likely that you'll hear much about this in newspapers or TV stations owned by those same conglomerates (Kudos to the New York Times for printing this, even if it came out in a public Congressional session).

Free Press has more. This is a big deal, and with telecom companies increasingly trying to insert themselves into media distribution as well, all of these bills are interrelated. A telecom industry immunized from lawbreaking could soon be owning the media that you watch - and they could be charging Web content producers in exchange for speedier access. The drive to beat back media ownership, net neutrality, and all of these deprivations is a classic case of people versus the powerful who have no intention of working in the public interest.

The FCC has a contact page. They should hear from you about this.