In Support of Media Diversity, Court Rules Against FCC
Feature Story by civilrights.org staff - 7/9/2004
A federal appeals court in June rejected a controversial Federal Communications Commission (FCC) rule change that would have allowed companies to own more radio and television stations in the same consumer market.The 2-to-1 decision by the U.S. Court of Appeals for the Third Circuit acted as a blow to the FCC's controversial guidelines that would have loosened media ownership rules. The FCC's changes, which passed by a 3-to-2 margin in June 2003, have been the center of media diversity debates for more than a year.
The Third Circuit lawsuit was brought by a coalition of consumer advocacy and civil rights groups, led by the public interest law firm Media Access Project.
Members of the civil rights community maintain that the FCC's attempt at deregulation of media ownership rules prevents crucial diversity in the media. They say that the communities that are heavily affected by these decisions are given little say on the deregulation issue.
"American democracy requires a competitive media environment," said Wade Henderson, executive director of the Leadership Conference on Civil Rights, which opposed the FCC's proposed rule changes. "A media market with diverse voices is critical to a civil rights agenda that ensures equity and democratic participation in areas vital to the health of our nation and our communities -- education, economic opportunity, the environment, health care and political participation."
Andrew Jay Schwartzman, CEO of the Media Access Project reiterated this view.
"The court recognized that debate and democratic values are more important than letting big media corporations grow bigger."
The court's decision, however, is only a partial victory for media diversity. The judges upheld the FCC's decision to allow companies to own both a newspaper and a television station in the same market.
FCC Commissioner Michael J. Copps, who voted against the looser ownership rules in 2003, felt hopeful about the court's ruling.
"The Commission has a second chance to do the right thing," he said. "This time we must include the American people in the process instead of shutting them out."
