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Friday, July 27, 2007

The "Un" Fairness Doctrine Update: FCC Chairman Weighs In.

I have my own theory as to why Conservative radio does better than Liberal radio and I think we have the liberals to thank for it.

They listen to conservative radio to get their talking points, to criticize and to blog and write about. Whatever the reason they are "listening" for, it does one thing, it increases the conservative radios audience. Reasons do not matter, listeners do.

Conservatives do not bother listening to liberal talk radio, by and large, because we simply don't care what they are saying. Hence, less listeners.

It is simple really.

So, liberals and Democrats as a party wish to reinstate the Fairness Doctrine, because they find that they cannot compete on merits alone in providing an entertaining format that holds a large audience, so, basically, they wish to limit the conservatives choices of what they prefer to hear when they turn their stations on.

The Democrats have blocked every attempt to prevent the Fairness Doctrine from being revived, that Republicans have offered on the floor.

Perhaps they should, instead, spend their resources into making their own radio shows more interesting.

With that said, the FCC chairman has sent a letter to Reps.Mike Pence (R-Ind.) and Greg Walden (R-Ore.).


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High lights from the letter:

***"In my judgment, the events of the last two decades have confirmed the wisdom of the Commission's decision to abolish the Fairness Doctrine" in 1987.

***"Discussion of controversial issues over the airwaves has flourished absent regulatory constraints, and the public now enjoys access to an ever-expanding range of views and opinions.

***"Indeed, with the continued proliferation of additional sources of information and programming, including satellite broadcasting and the Internet, the need for the Fairness Doctrine has lessened ever further since 1987.

***"In short, I see no compelling reason to reinstate the Fairness Doctrine in today's broadcast environment, and believe that such a step would inhibit the robust discussion of issues of public concern over the nation's airwaves."

All good points, the Doctrine is outdated, technology in todays world has made such a doctrine completely antiquated and unnecessary.

People have a choice and they have the "right" to make their choice without having the government make the decision for them on what they can and do decide to listen to.

Now here is the history of the Fairness Doctrine:

FAIRNESS DOCTRINE

U.S. Broadcasting Policy

The policy of the United States Federal Communications Commission that became known as the "Fairness Doctrine" is an attempt to ensure that all coverage of controversial issues by a broadcast station be balanced and fair. The FCC took the view, in 1949, that station licensees were "public trustees," and as such had an obligation to afford reasonable opportunity for discussion of contrasting points of view on controversial issues of public importance. The Commission later held that stations were also obligated to actively seek out issues of importance to their community and air programming that addressed those issues. With the deregulation sweep of the Reagan Administration during the 1980s, the Commission dissolved the fairness doctrine.

This doctrine grew out of concern that because of the large number of applications for radio station being submitted and the limited number of frequencies available, broadcasters should make sure they did not use their stations simply as advocates with a singular perspective. Rather, they must allow all points of view. That requirement was to be enforced by FCC mandate.

From the early 1940s, the FCC had established the "Mayflower Doctrine," which prohibited editorializing by stations. But that absolute ban softened somewhat by the end of the decade, allowing editorializing only if other points of view were aired, balancing that of the station's. During these years, the FCC had established dicta and case law guiding the operation of the doctrine.

In ensuing years the FCC ensured that the doctrine was operational by laying out rules defining such matters as personal attack and political editorializing (1967). In 1971 the Commission set requirements for the stations to report, with their license renewal, efforts to seek out and address issues of concern to the community. This process became known as "Ascertainment of Community Needs," and was to be done systematically and by the station management.

The fairness doctrine ran parallel to Section 315 of the Communications Act of 1937 which required stations to offer "equal opportunity" to all legally qualified political candidates for any office if they had allowed any person running in that office to use the station. The attempt was to balance--to force an even handedness. Section 315 exempted news programs, interviews and documentaries. But the doctrine would include such efforts. Another major difference should be noted here: Section 315 was federal law, passed by Congress. The fairness doctrine was simply FCC policy.

The FCC fairness policy was given great credence by the 1969 U.S. Supreme Court case of Red Lion Broadcasting Co., Inc. v. FCC. In that case, a station in Pennsylvania, licensed by Red Lion Co., had aired a "Christian Crusade" program wherein an author, Fred J. Cook, was attacked. When Cook requested time to reply in keeping with the fairness doctrine, the station refused. Upon appeal to the FCC, the Commission declared that there was personal attack and the station had failed to meet its obligation. The station appealed and the case wended its way through the courts and eventually to the Supreme Court. The court ruled for the FCC, giving sanction to the fairness doctrine.

The doctrine, nevertheless, disturbed many journalists, who considered it a violation of First Amendment rights of free speech/free press which should allow reporters to make their own decisions about balancing stories. Fairness, in this view, should not be forced by the FCC. In order to avoid the requirement to go out and find contrasting viewpoints on every issue raised in a story, some journalists simply avoided any coverage of some controversial issues. This "chilling effect" was just the opposite of what the FCC intended.

By the 1980s, many things had changed. The "scarcity" argument which dictated the "public trustee" philosophy of the Commission, was disappearing with the abundant number of channels available on cable TV. Without scarcity, or with many other voices in the marketplace of ideas, there were perhaps fewer compelling reasons to keep the fairness doctrine. This was also the era of deregulation when the FCC took on a different attitude about its many rules, seen as an unnecessary burden by most stations. The new Chairman of the FCC, Mark Fowler, appointed by President Reagan, publicly avowed to kill to fairness doctrine.

By 1985, the FCC issued its Fairness Report, asserting that the doctrine was no longer having its intended effect, might actually have a "chilling effect" and might be in violation of the First Amendment. In a 1987 case, Meredith Corp. v. FCC, the courts declared that the doctrine was not mandated by Congress and the FCC did not have to continue to enforce it. The FCC dissolved the doctrine in August of that year.

However, before the Commission's action, in the spring of 1987, both houses of Congress voted to put the fairness doctrine into law--a statutory fairness doctrine which the FCC would have to enforce, like it or not. But President Reagan, in keeping with his deregulatory efforts and his long-standing favor of keeping government out of the affairs of business, vetoed the legislation. There were insufficient votes to override the veto. Congressional efforts to make the doctrine into law surfaced again during the Bush administration. As before, the legislation was vetoed, this time by Bush.

The fairness doctrine remains just beneath the surface of concerns over broadcasting and cablecasting, and some members of congress continue to threaten to pass it into legislation. Currently, however, there is no required balance of controversial issues as mandated by the fairness doctrine. The public relies instead on the judgment of broadcast journalists and its own reasoning ability to sort out one-sided or distorted coverage of an issue. Indeed, experience over the past several years since the demise of the doctrine shows that broadcasters can and do provide substantial coverage of controversial issues of public importance in their communities, including contrasting viewpoints, through news, public affairs, public service, interactive and special programming.


Its time had come and it is past and we have a right to choose what we listen to and what we do not listen to. The Doctrine was created in a time where that choice was limited.

It is not limited any longer and those that wish to reinstate the Fairness Doctrine simply can not stand that liberal radio cannot match the audience or popularity of conservative radio.

Keep your eye on this issue and make sure to call your representatives and tell them to not even attempt to take your freedom of choice away from you.

There has to be a line drawn somewhere and our freedom of choice should be it.

All of Wake up America's pieces about the Fairness Doctrine can be found here on one page.

Read up on it and decide whether you want your freedom of choice stripped from you.
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