Senators Seek to Delay FCC Vote

Chairman Wants to Change TV Ownership Rules by Year-End

FCC Chairman Kevin J. Martin wants a vote on changing TV ownership rules on Dec. 18. (By Dennis Brack -- Bloomberg News)

Two U.S. senators asked Federal Communications Commission Chairman Kevin J. Martin to delay voting on whether to ease limits on local ownership of television stations after learning that he wants a decision by the end of the year.

"We do not believe the commission has adequately studied the impact of media consolidation on local programming," Byron L. Dorgan (D-N.D.) and Trent Lott (R-Miss.) said yesterday in a letter to Martin. "The FCC should not rush forward and repeat mistakes of the past."

The letter came after Martin confirmed that he was proposing a plan trying to resolve the long-running debate over how many media properties a company should be allowed to own in a market. Martin would allow public comment on the proposed rules in mid-November and call for a commission vote on Dec. 18.

Among the rules that could be eliminated is a ban on one company owning a newspaper and broadcast station in the same market. The rule is of particular interest to Tribune Co., which is the subject of a pending buyout led by real estate magnate Sam Zell.

Tribune has waivers that allow the company to own newspaper and broadcast properties in New York, Los Angeles, Chicago, Hartford-New Haven, Conn., and Miami-Fort Lauderdale, Fla. The waivers would not transfer to a new owner.

If the FCC agrees to Martin's schedule and votes to eliminate the cross-ownership ban, Tribune could close the sale by year-end, as it had hoped.

Martin said the plan he is considering is more open and will involve more public input than the process followed in 2003 by Michael K. Powell, who was then chairman.

There was only one public hearing before the commission voted 3 to 2 to loosen ownership rules in 2003. By the close of the current debate, the commission will have conducted eight public hearings across the country. It will also have completed 10 studies on media ownership at a cost of $368,000.

After the 2003 vote, in which Martin was in the majority, there was criticism from the public and Republicans and Democrats in Congress. The FCC's decision was invalidated by a federal appeals court.

Martin's pledge to make the rules available for public review a month before the commission vote is a major departure for the agency. "This is an unusual step that I propose we end up taking," he said.

Media-consolidation opponents said the chairman may be moving too fast.

Dorgan is also calling for hearings before the Senate Commerce, Science and Transportation Committee, of which he is a member.

During a committee meeting yesterday, Dorgan said what Martin has proposed "will set off a firestorm in Congress, and I'll be carrying the wood."

Democratic Commissioner Jonathan S. Adelstein did not object specifically to the Dec. 18 date for a vote, but said the commission had a lot of work to do before it decides.

"We need to deal with some long-neglected issues before we tackle the media ownership rules," Adelstein said. "We should first address the appalling lack of ownership of media outlets by women and people of color. And we need to implement improvements in how outlets handle issues of concern to local communities."