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grinner
05-12-2003, 03:44 PM
U.S. media may soon be transformed

By Jim Kirk and Steve Johnson | Tribune staff reporters
Posted May 11, 2003

STORIES
Once upon a time, regulation seen as a force for good
May 11, 2003
RULES UNDER REVIEW
# Newspaper-broadcast concentration: A corporation can't own a daily newspaper and a radio or TV station in the same market.
# National TV concentration: No corporation may own stations that together reach more than 35 percent of U.S. TV households.
# TV duopoly protection: A corporation can't own more than one of the top four TV stations in a market.
# Multiple-network concentration: None of the four largest networks-ABC, NBC, CBS and FOX-may merge with another.
# Radio-TV concentration: No corporation may own more than two TV stations and six radio stations in the same market, or, in large markets, one TV station and seven radio stations.
# Local radio concentration: In large markets, no corporation may own more than eight radio stations.

The way Americans receive their news and entertainment could change dramatically if a federal panel relaxes rules that would make it easier for big media players to become even bigger while also lifting a ban on the same company owning a newspaper and a TV station in the same market.

The rule changes, which many expect to be approved by the Federal Communications Commission, despite steadily growing opposition, also could dramatically reshape the nation's media business.

Some of the industry's biggest companies have the most at stake in the deregulation vote, which is expected June 2. Those companies include Tribune Co., which owns the Orlando Sentinel and the South Florida Sun Sentinel; Viacom, which owns CBS; and News Corp., which owns Fox. In recent years, all have lobbied the commission heavily to open up the industry.

Critics contend that deregulation would mean much more generic programming on consumers' TV screens and a likely narrowing of news coverage, especially in smaller cities. They also fear it would spell the end of locally produced shows that have endeared TV stations to their communities.

And they worry that the convergence of TV and newspapers in a single market could reduce the range of viewpoints on important local issues.

But supporters of deregulation say the rules, some of which date to the 1940s, are antiquated and unfairly restrain so-called mature media -- newspapers, radio and broadcast TV -- as they compete with newer media such as the Internet and cable TV.

The proposed changes have set off a rare public war at the FCC, pitting Republican Chairman Michael Powell, who is pushing for more deregulation, against two Democratic commissioners who think the public hasn't heard enough about what might be proposed. Republicans hold a 3-2 majority on the commission charged with overseeing the nation's airwaves.

Last month, Powell, the son of Secretary of State Colin Powell, reiterated his desire to deregulate the industry. But Commissioner Michael Copps, who has been hosting forums on the issue across the country, wants the public to hear more before the FCC decides what he considers the agency's most important issue in years.

"The commission doesn't have all of its ducks in a row in terms of having the feedback this issue merits," Copps said. "One of the reasons it's frustrating is that in less than a month from today, the deal would be done, the vote would be cast and . . . I don't know the details of what is going to be proposed."

Much of the world does have an inkling, though.

Besides doing away with or relaxing the rule prohibiting the same company from owning a newspaper and TV station in the same market, the FCC is expected to consider lifting the cap on the percentage of households that owners of broadcast TV stations can reach in the country. One plan would raise the limit to 45 percent from the current 35 percent.

The commission also is expected to consider easing the restrictions on the number of radio stations that a company can own in one market.

Tribune, Viacom and Fox have a lot riding on the outcome. Tribune would be forced to sell either its newspaper or its TV station in four markets where it owns both -- Los Angeles, New York, South Florida and Hartford, Conn. -- if the cross-media rules established in 1975 were left intact.

In addition, both Viacom and Fox already exceed the 35 percent broadcast TV cap under temporary waivers and are pushing for a higher permanent limit.

Though most industry watchers think Powell will likely get the deregulation he seeks, the issue has garnered curiously little media attention -- and, until recently, scant public scrutiny.

"You can't conclude people don't care if people don't even know what's going on," said Danny Schechter, a liberal media critic.

A February poll by the media watchdog organizations of the Pew Charitable Trusts found that 72 percent of Americans had heard "nothing at all" about the issue, and many of those who claimed familiarity did not, upon further questioning, understand it well.

"If the American people had heard as much about the proposed rule changes in their media landscape as they have about Laci Peterson in the last few months, this would be a front-and-center issue," said John Nichols, co-author of two books about media.

Nevertheless, media analysts are expecting a rush of merger activity worth tens of billions of dollars similar to the unexpected frenzy of consolidation in radio following a far-reaching 1996 deregulation of that industry.

That kind of rapid consolidation, critics complain, has led to the homogenization of music programming, along with the loss of a local content and personalities on many of the country's radio stations.

For Copps, it's not the deal-making that's a concern; it's what he fears will happen after the deals close. "Things like the impact on local information and local news and alternative viewpoints," he said. "What is the impact on small and medium sized [media] businesses? Could a new Ted Turner come along with a new CNN? A lot of people say not."

Others contend that another big impact will be the loss of media jobs and a general lowering of the quality of information and entertainment that many Americans will receive. Already, companies that own more than one TV station in the same market often share news resources.

There also are fears that, as in radio, some stations would drop newscasts altogether.

But supporters of consolidation say the rules need to be relaxed to level a playing field that becomes more restrictive every time new technology emerges.

Tribune executives said the cross-ownership rule is an unfair restraint at a time when broadcast regulations have been eased. And they dispute arguments that deregulation would reduce the diversity of news and opinion.

"The voices that have been raised on this issue never cite any data," said Dennis FitzSimons, Tribune's chief executive. The number of U.S. media outlets has grown, he said, not contracted.

"There were three networks in 1975," he said. "We've seen the addition of Fox, the WB, UPN, three Hispanic networks. There has been enormous fragmentation since the rule was put in place."

Newton Minow, the former FCC chairman and, more recently, a member of Tribune's board of directors, recalled testifying before Congress on cross ownership in the early 1960s.

"I said my instinct, and what I had seen around the country, was that newspaper-owned broadcast properties were more news-oriented, more public interest-oriented," Minnow said. "I still believe that."

Jim Kirk and Steve Johnson are business reporters for the Chicago Tribune, a Tribune Publishing newspaper.

Stargate2077
05-12-2003, 04:19 PM
I feel conflicted over this issue. I don't like the idea of deregulation, but it sounds like Viacom would not be able to but USA and the Sci-Fi Channel if the deregulation does not pass.

grinner
05-12-2003, 04:37 PM
That is my feeling on this also. I have major reservations about the fact that in a few years there will only be a few companies owning all the channels.

grapeshot
05-13-2003, 10:54 PM
That's exactly the point the critics of these new, relaxed regulations are trying to make. They're not automatically against de-regulation, but they're saying that there hasn't been adequate time to evaluate what the consequences of relaxing regulation might be. It's not very easy to understand what's at stake here.

There has been VERY little public debate about this issue. Like the article says, in about a month, the FCC will pass a series of rules that have received almost NO scrutiny and public debate! It's curious, too, that almost no news outlet has reported on this in any depth --- except for a Bill Moyers documentary about a month ago. Granted, you can't write about this issue in two short paragraph articles, or you can't easily put together a news story about this for the half hour nightly newscast. However, even in newspapers, where one would expect some sort of longer and more in-depth examination and debate to take place, very little has been said.

The impact of these new proposed relaxed regulations will be far-reaching. They will slowly creep up on the consumer, who may not even realize that things have gone from bad to worse.

For a discussion on this board of what that might mean to you, the consumer, you can find it here on these two threads:
http://www.watchfarscape.com/forums/showthread.php?s=&threadid=7562
and
http://www.watchfarscape.com/forums/showthread.php?s=&threadid=7692

Let me give you another example of what media consolidation could mean. Let's say, for the sake of argument, that Viacom went on a cable channel buying spree, and ended up with a dozen cable channels. Each of them would be a "niche" channel, with it's own audience. Boy, a dozen cable channels requires a LOT of programming hours to be filled. However, Viacom ALSO produces television shows, which they need to find a distributor for. Furthermore, Viacom has a HUGE library of past television shows AND movies that they also need to keep in distribution --- you know, so that these properties can earn money. Well, how long do you suppose it would be before some executive decides that a great deal of money could be saved by simply showing Viacom shows on Viacom owned stations and channels. There's nothing stopping them from doing this, and "niche" audience be-damned. The shows they broadcast will be so inexpensive to get that they'll earn money even if he audience for them gets smaller.

Doesn't that sound like a familiar argument? One would HOPE that the PTB at a media conglomerate have the intelligence and the integrity not to do this, but nothing in the media SYSTEM would stop them from doing that. A few Media Conglomerates would own BOTH the supply and the distribution of entertainment, and you'd actually have less choice about what you watch. In such a system, even the Neilsen ratings would slowly begin to matter less.

On the other hand, IF, for example, a media outlet would be limited to only owning TWO cable channels (granted, that's an extreme example) they would be forced to compete harder for their share of an audience, and therefore they MIGHT be more picky and careful about what they chose to air. (Theoretically, that is. The absence or presence of regulations cannot overcome poor management choices.)

Aha, you say, but after a while no one would watch a string of cable channels that all offer the same thing. Well, think again. MOST of the public will generally watch whatever is on. Most people have the tv on all the time, and, in the absence of anything that they really like, will select something that's the least objectionable to them. (You and I may be exceptions to this, but a great deal of people just have the tv on.) As I said before, it's not about what the public will watch, it's about what the programmers THINK the public will watch. If every single channel thinks that the public will watch reality shows, and then broadcasts them, then guess what, the public will watch reality shows!

To be fair, the discussion on this has been so scarce, I have yet to hear exactly why the big media conglomerates believe that relaxing these rules will INCREASE competition. Oh, it might make it cheaper for them to operate, but I don't see how that benefits me as a consumer. All I've ever seen from their side of the argument is the statement that this will increase competition, and that the consumer will benefit. That's hardly good enough; it's the same thing that Enron used to say.

Stargate2077
05-14-2003, 03:18 PM
Viacom is already over the 35% cap (they are around 40%). It is pushing for the relaxing to 45% since if the vote is no, they will be forced to sell some of their assets. If the vote doesn't pass, Viacom most likely will not be able to buy USA and the Sci-Fi Channel. I don't like the idea of relaxing the regulations, but if it does not happen, the Sci-Fi Channel might not be sold. I think this is the reason why the sale of Vivendi Universal Entertainment is so slow. They have to wait for the FCC vote in order to see if they are allowed to buy the asset.

PrairieScaper
05-14-2003, 03:50 PM
Originally posted by Stargate2077
I don't like the idea of relaxing the regulations, but if it does not happen, the Sci-Fi Channel might not be sold.
You mean, they might not be sold to Viacom, right? Some corporation will buy them, we just dunno which one at this point. If the regs are not relaxed, perhaps Viacom would dump some other outlet(s) so they could pick up SFC and USA? I suppose they'd have to want the channels pretty badly to do that, though.

grinner
05-14-2003, 04:12 PM
Everything that I have read have pointed to the fact that Viacom does not want the USA network... they only want Skiffy. But that doesn't change the fact that they need this ruling in order to purchase the channels.

Stargate2077
05-15-2003, 07:01 PM
PrairieScaper: Unless I am mistaken, I believe Viacom has to drop recent assets (channels) in order to comply with the current 35% coverage area cap. They just have a special permission to have a coverage area over 35%. So if the vote to raise the coverage area does not pass, then Viacom will automatically have to sell some of its assets. Which of Viacom's assets break the 35% coverage area cap, I do not know myself.

grinner
05-15-2003, 07:09 PM
owning UPN and CBS breaks Viacoms 35%. That is why I think that UPN is on thin ice with regards to Viacom.

Stargate2077
05-15-2003, 07:19 PM
Is that possibly why UPN is scaling the channel back in programming in order to make the channel less of a target if the vote does not go through? Or was that for another reason?

grinner
05-15-2003, 07:22 PM
Originally posted by Stargate2077
Is that possibly why UPN is scaling the channel back in programming in order to make the channel less of a target if the vote does not go through? Or was that for another reason? I don't know... I do know that there were a few bidders for UPN about a year ago. But the Feds gave Viacom the waiver so they kept it. I would not expect UPN to survive in this form for much longer. I think that Les Moonves was sent to take care of UPN. Since Moonves is a hachetman... I do not see good things for UPN.

RustySlinky
05-26-2003, 10:39 AM
A statement off of cbsmarketwatch.com:
No studio or cable network is going to spend money to make niche programming available over the long haul if there aren't enough people to support the product.
http://cbs.marketwatch.com/news/story.asp?guid=%7B4EB27B7A%2D919E%2D43C9%2D9847%2D 30F2E0A22BE7%7D&siteid=mktw

Maybe should be modified with the phrase included:
. . . if there aren't enough people to support the product at profit rates determined by the consolidating market oligopoly.

Like the softdrink industry. If we want Coke, Pepsi, Sprite, Dew, Minute Maid, Pepper? No Problem, it's everywhere.
Seemingly lots of variety, as long as it's Carbonated Water, Corn Syrup, Sugar. Cheap to make. Easily promoted. Forget about health. Just like reality TV.

What about popular beverages from other parts of the world?
Asia: Chilled Pearl Tea and Soybean Milk?
Latin America: Horchatas and Tamarind Soda?
Niche products with long term potential perhaps, but ignored by the major players, like Farscape.

Profitability at the expense of variety.
And, many kids will grow up knowing only Coke & Pepsi brands.

Cheer$ for Coke and Pepsi!