April 1, 2008

To: all Members of the Senate

Re: S.J. Res 28, a joint Resolution of Disapproval of a rule submitted by the FCC on broadcast media ownership.

Dear Senator,

On behalf of the Media Freedom Project, I write you today to oppose S.J. Res. 28, a Resolution of Disapproval introduced by Senator Byron Dorgan (D-ND) that would invalidate a Federal Communications Commission decision to modestly relax its 33-year old rule prohibiting the co-ownership of a newspaper and a broadcast station in the same market.

We strongly believe that Government governs best when it allows the free market work; as a consequence, the FCC rule is but a small movement in the right direction to update its antiquated broadcast ownership restrictions.  In this competitive communications marketplace, where media companies are rapidly changing to meet the evolving needs of consumers, the entire regulatory structure concerning ownership needs to be replaced-alas the FCC has merely loosened, not eliminated, one rule.

The FCC has been attempting to move in the right deregulatory direction on media ownership rules, but at every point, the Congress has stymied their efforts despite a congressional directive.  Under section 202(h) of the 1996 Telecommunications Act, the FCC must periodically review whether its broadcast ownership rules "are necessary in the public interest as the result of competition" and "repeal or modify any regulation it determines to be no longer in the public interest."  According to the courts, if the FCC cannot demonstrate that its broadcast ownership restrictions are necessary to protect the public interest in light of competition, then the FCC must repeal or modify the regulations.

The communications statutes, appellate court decisions, and good public policy require the FCC to ensure its ownership restrictions keep pace with technological changes and competitive outlets like cable, satellite television and radio, and the Internet. 

We at the Media Freedom Project believe that this fight is a perfect example of Congressional overreach.  The free market can and will evolve in such a way as to serve consumers all of their communications needs and ought to be supported.  The FCC rule is a step in the right direction.  The Dorgan Resolution is a step in the wrong direction.  For that reason, we ask you to support the free market and oppose the Dorgan Resolution.

Sincerely,
 
Derek Hunter
Executive Director,
Media Freedom Project