Commentary

FCC To TV Stations: Regulating With 'A Wink And A Nod'?

New Federal rules say TV stations should keep lists of local programming -- but not necessarily run any programming on that list.

Huh?

The Federal Communications Commission wouldn't dare tell TV stations what local programming serves their community needs. Local TV stations should be able figure that one out themselves.

But to the confusion of some -- including this writer, some months back -- it was assumed the FCC wanted to direct stations to air a certain amount of diverse local programming.

Not so, says FCC Commissioner Robert McDowell, who was in the minority when it came to considering this new FCC rule. It is merely some federally directed paperwork - with a twist.

"Although the commission has not mandated certain types of programming, we are regulating -- with a wink and a nod -- by requiring lists of such programs," said McDowell recently. "Why does the FCC need a list of the religious programming aired on a station? Why do we require a list of all local civic affairs programming? Why do we need to know whether it was locally produced or part of a regularly scheduled program?"

In an expanding, competitive marketplace, especially one full of video options -- national, regional, and loca -- this oversight isn't needed,  said McDowell. As a result, the FCC is headed on a collision course with the First Amendment rights of broadcasters, he added.

This isn't to say that stations shouldn't be have a diverse amount of local programming. This is what they do best, and, with their very recognizable brand names -- a station's call letters -- it's a way to distinguish themselves from new video distributors.

The only rub right now for stations comes when considering new digital platforms, where only 10% of their traditional TV viewers are going to their Web sites for video.

Still, they should be ready. Down the line, when perhaps the video marketplace changes, programming more local video content - on their traditional airwaves and new digital ones -- will be the key for stations to survive whatever changes the marketplace will surely throw at them.

On their list of things to do, that should be at the top.



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