{ "id": "R43936", "type": "CRS Report", "typeId": "REPORTS", "number": "R43936", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 587454, "date": "2016-12-16", "retrieved": "2020-01-02T15:00:34.233979", "title": "The FCC\u2019s Rules and Policies Regarding Media Ownership, Attribution, and Ownership Diversity", "summary": "From the earliest days of commercial radio, the Federal Communications Commission (FCC) and its predecessor, the Federal Radio Commission, have encouraged diversity in broadcasting. This concern has repeatedly been supported by the U.S. Supreme Court, which has affirmed that \u201cthe widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public,\u201d and that \u201cassuring that the public has access to a multiplicity of information sources is a governmental purpose of the highest order, for it promotes values central to the First Amendment.\u201d\nThe FCC\u2019s policies seek to encourage four distinct types of diversity: (1) diversity of viewpoints, as reflected in the availability of media content reflecting a variety of perspectives; (2) diversity of programming, as indicated by a variety of formats and content; (3) outlet diversity, to ensure the presence of multiple independently owned media outlets within a geographic market; and (4) minority and female ownership of broadcast media outlets.\nIn addition to promoting diversity, the FCC aims, with its broadcast media ownership rules, to promote localism and competition by restricting the number of media outlets that a single entity may own or control within a local geographic market. Two characteristics of broadcast television and broadcast radio stations determine whether or not media ownership rules are triggered: (1) the geographic range of their signals, and (2) the boundaries of their media markets as determined by the Nielsen Company, a market research firm.\nAfter first adopting rules limiting common ownership of multiple local radio stations, multiple local television stations, and multiple national broadcast networks in the 1940s, the FCC continued to expand and modify media ownership rules. It began to limit cross-ownership of radio and television stations in 1970, and cross-ownership of newspapers and television stations in 1975. The Telecommunications Act of 1996 requires the FCC to review these rules every four years and repeal or modify those it no longer deems to be in the public interest.\nFollowing its most recent review, the FCC retained its media ownership rules in 2016, and readopted rules counting broadcast stations that jointly sell advertising time as commonly owned. Pending approval from the Office of Management and Budget (OMB), the FCC will require independently owned broadcast television stations to include resource-sharing agreements in their online public inspection files. In addition, as directed by the U.S. Court of Appeals, Third Circuit, the FCC reviewed its broadcast ownership diversity policies. It concluded that it did not believe the 1996 Telecommunications Act nor the Communications Act of 1934 requires it to adopt race- or gender-conscious measures in order to promote ownership diversity. In order to increase broadcast ownership diversity, FCC also reinstated rules enabling certain small businesses to abide by less restrictive media ownership and attribution rules, and more flexible licensing policies, than their counterparts. The newly approved media ownership and diversity rules took effect on December 1, 2016.\nThe FCC\u2019s 2016 review occurred against the background of sweeping changes in news consumption patterns. Surveys conducted by the Pew Research Center show 20% of respondents citing printed newspapers as a source they \u201cread yesterday\u201d or used regularly in 2016, down from 50% in 1996. While the percentage of adults citing local broadcast television as a news source declined from 65% in 1996 to 46% in 2016, it still outranked other local news sources. These trends, along with increased consumption of news online, are contributing to debate in Congress as to whether common ownership of multiple media outlets in the same market might limit diversity of viewpoints as much today as 20 or 40 years ago.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R43936", "sha1": "a171e81ae6b3a33b35a236fee5ed33509327a52d", "filename": "files/20161216_R43936_a171e81ae6b3a33b35a236fee5ed33509327a52d.html", "images": { "/products/Getimages/?directory=R/html/R43936_files&id=/0.png": "files/20161216_R43936_images_f8ddc8d8b77c36eebb6b19be395fd8ae31499cf3.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R43936", "sha1": "7238b6c8293d52283fc03859432f1c9c44839b6c", "filename": "files/20161216_R43936_7238b6c8293d52283fc03859432f1c9c44839b6c.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4805, "name": "Competition Policy & Law" }, { "source": "IBCList", "id": 4871, "name": "Telecommunications & Internet Policy" } ] }, { "source": "EveryCRSReport.com", "id": 439015, "date": "2015-03-12", "retrieved": "2016-04-06T19:23:06.840459", "title": "The FCC\u2019s Rules and Policies Regarding Media Ownership, Attribution, and Ownership Diversity", "summary": "The Federal Communications Commission (FCC) broadcast media ownership rules restrict the number of media outlets that a single entity may own or control. Its attribution rules define which relationships the FCC counts as ownership. The Telecommunications Act of 1996 requires the FCC to review these rules every four years and repeal or modify those it no longer deems to be in the public interest. The 1996 act also directs the FCC to promote policies favoring the diversity of media voices and vigorous economic competition. In 2004 and again in 2011, the U.S. Court of Appeals, Third Circuit, directed the FCC to review its broadcast ownership diversity policies in conjunction with the media ownership rules.\nIn response to these directives, the FCC issued a notice in March 2014 that included new final rules governing joint sales agreements (JSAs) among television stations and proposed new rules related to the disclosure of shared service agreements between television stations. The FCC\u2019s notice also included proposals and general guidelines for the Quadrennial Review of its ownership rules, as well as proposals to foster broadcast ownership diversity. That review is now under way, but is not expected to be complete until 2016.\nSeparately, the FCC\u2019s Media Bureau issued a public notice stating that it will closely scrutinize any proposed transaction that includes \u201csidecar\u201d agreements in which two (or more) broadcast stations in the same market enter into an arrangement to share facilities, employees, and/or services, or to jointly acquire programming or sell advertising and enter into an option, right of first refusal, put/call arrangement, or other similar contingent interest, or a loan guarantee. The Media Bureau\u2019s public notice differs from the 2001 attribution rules adopted by the full commission, as well as from the affirmation by the full commission of a Media Bureau public notice condoning similar arrangements in 1997.\nThe FCC\u2019s notice and the separate Media Bureau notice have rekindled a debate as to whether the FCC\u2019s actions to promote competition enhance or inhibit its goals in promoting the diversity of ownership and programming. Several broadcasters, as well as FCC Commissioner Ajit Pai, assert that JSAs facilitate minority and female ownership and enable the provision of local news and Spanish-language programming. Chairman Tom Wheeler and Commissioner Mignon Clyburn assert that sidecar business models openly circumvent the FCC\u2019s local TV ownership rule, impede the ability of potential broadcasters to compete to buy stations that would otherwise be available for sale, and deny opportunities for minority ownership and management. Several parties have initiated court challenges to the FCC\u2019s proposed and adopted media ownership and attribution rules; the challenges have been consolidated into one case before the U.S. Court of Appeals for the D.C. Circuit.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R43936", "sha1": "d722958175314e7267478f645fdbee003aa56d51", "filename": "files/20150312_R43936_d722958175314e7267478f645fdbee003aa56d51.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R43936", "sha1": "483ea136b52c13b60386ee728493d657841f42af", "filename": "files/20150312_R43936_483ea136b52c13b60386ee728493d657841f42af.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc824619/", "id": "R43936_2004Oct27", "date": "2004-10-27", "retrieved": "2016-04-04T14:48:17", "title": "The FCC's Political Broadcasting Regulations", "summary": "This report provides an overview of the Federal Communication Commission's political broadcasting regulations, including general public interest obligations; the equal opportunity (equal time) regulations; and the various interpretations of the Fairness Doctrine, which is no longer enforced by the Commission. A brief section of frequently asked questions regarding political broadcasting is also provided.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20041027_R43936_91d6c9452e47825a2a1abd7e92f0ad9942793fd8.pdf" }, { "format": "HTML", "filename": "files/20041027_R43936_91d6c9452e47825a2a1abd7e92f0ad9942793fd8.html" } ], "topics": [ { "source": "LIV", "id": "Communications", "name": "Communications" }, { "source": "LIV", "id": "Mass media", "name": "Mass media" }, { "source": "LIV", "id": "Mass media policy", "name": "Mass media policy" }, { "source": "LIV", "id": "Telecommunication", "name": "Telecommunication" } ] } ], "topics": [ "Internet and Telecommunications Policy" ] }