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Is FCC Commissioner Michael Copps Trying to Reinstate the Fairness Doctrine?

By Lachlan Markay | December 16, 2010 | 16:26

A  A

Is Federal Communications Commissioner Michael Copps trying to reinstate the Fairness Doctrine through what he calls a "public value test" for broadcasters? The short answer is no, and Copps is adamant about that point. He points out that while the Fairness Doctrine regulated political speech by mandating equal time for all views on a given topic, the "public value test" will only require that broadcasters serve the "public interest", whatever that may be.

Copps is correct in a narrow sense. The federal government will not be policing political opinions. It will simply be ensuring that content meets a standard for public value.

What Copps fails to grasp is that "public value" is such a subjective term that it is almost unavoidable for political factors to play into a determination of whether or not certain content satisfies the definition. In other words, there is not official regulation of political speech, but such speech will almost surely be regulated indirectly.

According to Copps, who recently outlined his proposed "public value test" in a lecture at Columbia University, the test would require "quantifiable" increases in "the human and financial resources going into news." The test could mandate other, non-news types of programming, Copps added, such as children's programs and "civic affairs programming." The regulations would determine what news content is important, and mandate "quantifiable" increases in such coverage - Copps mentioned election coverage specifically.

The "public value test" would also mandate "diversity" in broadcast newsroom staff. In other words, the FCC would require radio or television stations to employ more racial and ethnic minorities.

Another hot-button element of the "public value test": it would require "disclosure", both of programming content to the station's listeners, and of information about political advertisements to a certain government agency.

Other elements include "community discovery," localism, and public safety broadcasting.

Most of these new regulations are either completely subjective and dependent on the views and preferences of the bureaucrats implementing them, or are rife with the potential for politicized application.

Matthew Shaffer has a great piece on Copps's proposal in the latest issue of National Review, where he elaborates on some of these dangers. He writes:

It’s unclear whether political-opinion shows count as “news” programming, and the proposed increase in local news would necessarily cut into the time that stations can allot to national opinion shows such as Rush Limbaugh’s and Alan Colmes’s. The boundary separating news from opinion is contested and philosophically fraught — to demand more of what unelected administrators consider to be news at the expense of what they consider to be opinion can itself be a way of advancing some opinions over others. The nature of the “public interest,” which Copps takes it upon himself to advance, is itself contested. It is elitist presumption for highly placed bureaucrats to push citizens and journalists away from talk-radio-style opinion, and toward the approved “public interest” programming, when the nature of the public interest is the very thing citizens are supposed to democratically debate, in the media and elsewhere, and decide.

In the abstract, Copps’s ostensible goals aren’t purely objectionable (local news may well be more useful to the average citizen than more from the Washington circus, for example). But in practice, Copps’s recommendations — however well intended — necessarily entail expanding the power of bureaucrats to monitor media content, power which can then be used for objectionable and politicized goals. It’s not just talk-radio-loving conservatives who should be worried, either. Richard Nixon used the Fairness Doctrine against his enemies list during his presidency, for example — every political faction can be tempted to abuse regulatory power. It’s not difficult to imagine ways in which requirements that radio have more news time, more local coverage, and less opinion, could be used to muffle critics of any administration.

As Shaffer noted, the most obvious and fundamental problem with the "public value test" is the stress placed on the phrase "public interest." The term is completely subjective - dependent on the whims of the bureaucrats appointed to regulate broadcast entities.

Is more reporting on local issues a good thing? Sure. Is it in the public interest? By most reasonable standards, yes, it probably is. But what else is in the "public interest"? Whose definition of the term is the legally codified one, and are there limits on what the FCC can do? In other words, if the "public interest," broadly defined, is the goal, what is to prevent the commission from enacting more regulations - beyond those contained in Copps's informal proposal - in its name?

Surely every regulator believes that the public interest is the result of whatever policies he deems appropriate or necessary. But one person's "public interest" is another's politicized micromanagement.

One need not accuse regulators of attempting to suppress opposing views to see the trouble in advancing what unelected federal officials deem necessary or beneficial for the "public." Indeed, it's rare the the "public interest" is not invoked as justification for this policy or that. And rarely is it's invocation disingenous - advocates truly believe that their favored policies are what the public "needs."

Many of the elements of Copps's proposal suffer from the same defect of subjective values. Copps made it clear that he was discussing "quantifiable" changes in news programming - as opposed to qualitative ones, which would affect the content of coverage, not simply the amount, or the resources devoted to it. But who determines how much local coverage is enough? How "local" does coverage need to be to fall under the definition? Who decides which issues are most important to the community? Copps would say the community would decide, but who reconciles the inevitable disagreements within the community?

Some of those questions have actually been answered in previous examinations of "localism." Under prior formulations of the concept, "community advisory boards" would hold hearings to decide whether broadcast content satisfied the "needs" of the local community. Though it sounds reasonable, those boards would represent direct government control over radio and broadcast television content.

And again, the needs of the community and the issues of greatest import are very subjective. The small business owner and the homemaker will have very different ideas about which issues are most important and deserving of news coverage. Who decides which view wins out? Whomever populates the boards responsible for making those decisions. If there are more homemakers on the board, certain issues will be deemed more important. If there are more business owners, entirely different issues will win out. Neither set of issues is objectively more impotent, even within a single community. Which one gets more coverage is completely dependent on the political sway that each group has over the officials making regulatory decisions.

While Copps is fond of referring to himself and his fellow regulators as "we the people," what he is proposing are not spotaneous reforms demanded by the grassroots. They are top-down, federally-mandated regulations that will dramatically affect media content. He is appointed, not elected, and hence is not representative of any group of people (beyond those in the White House, of course, and perhaps the legislators who confirmed him). He does not answer to voters, and his job does not depend on pleasing any constituency.

The lack of democratic accountability at the FCC and at "localism" boards underscores both the troubling trend towards government control over media content, and the potential for the politicization of federal and local regulations.

Copps has not submitted any official proposal for a "public value test" for FCC consideration. But if he does, these issues will need to be addressed. Though his regulatory outline deals with different issues than the political opinion content regulated by the Fairness Doctrine, it still smacks of the same "elitist" attitude (to use Shaeffer's characterization) that holds the opinions of bureaucrats above the preferences of news consumers.

About the Author

Lachlan Markay is an associate with Dialog New Media. Click here to follow Lachlan Markay on Twitter.
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Comments

Value

Submitted by touche on Thu, 12/16/2010 - 4:47pm.

This is easy, if it makes money then it has public value. Most conservative shows make money and are therefore of value to the public. Most liberal show loss money and are therefore of no value.

What's that? Oh yeah, that is the very situation they aim to correct.

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Short answer, long answer

Submitted by jdlybrand on Thu, 12/16/2010 - 5:00pm.

Short answer...no.

Long answer...this will allow us to sneak the 'fairness doctrine' in the back door at a later date.

 

"What a revoltin' development this is!"

Chester Riley

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Copps isn't failing to grasp anything

Submitted by carolina09 on Thu, 12/16/2010 - 5:16pm.

He's a willing tool for tyrants.  He's a nanny, a Church Lady, a bossy old granny, but much more dangerous than annoying.

He knows exactly what he's doing, and he needs to tell a lot of lies to get the job done.

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COPPS & ROBBERS... That's the

Submitted by Jack Bauer on Thu, 12/16/2010 - 5:29pm.

COPPS & ROBBERS... That's the FCC.


All of the above Mr Obama? --- How about ALL OF THE BELOW, instead.
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Tried and true tactic!

Submitted by Newsbubba on Thu, 12/16/2010 - 6:12pm.

The public value test worked for Hitler, Stalin, Mao, Mussolini, Castro, and lately for Chavez!

What could be wrong with giving it a try if we want to be more like Europe, and we want other countries to like us.

Maybe after 20 million or so deaths and 75 or 100 years we can get rid of it, too.

I'd say that's just another "fundamental change" to our country.

Comrade Bubba
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Good point.  What was

Submitted by Jer on Thu, 12/16/2010 - 7:54pm.

Good point.  What was it...something like 30 million deaths directly attributable to the Fairness Doctrine during the four decades it was in force?

Jer

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Nice try.

Submitted by Newsbubba on Thu, 12/16/2010 - 8:33pm.

Score card (the best I can remember)

Hitler : 6-8 million

Stalin: 20-30 million

Mao: 75+ million

Castro; a piker.  Only killed in the thousands, but still at it!

Chavez:  don't know the score yet.  He's just getting started.

Let's just forget about the African countries since they can't seem to break the habit.

People who set up the opposition when they happen to disagree with them, start simply.  We called the Fairness Doctrine.  Thank goodness we came to our senses and shiite canned it before it got serious.  We may not be so fortunate again with this regime.

Comrade Bubba
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I'm still having problems

Submitted by Jer on Thu, 12/16/2010 - 9:12pm.

I'm still having problems piecing together your logic.  Are you suggesting that after nearly forty years of being ground under the heel of the Fairness Doctrine we were right on the verge of witnessing the liquidation of millions of Americans before it was repealed?

Jer

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No Dice

Submitted by rammingspeed on Thu, 12/16/2010 - 6:17pm.

Matthew Shaffer and other disseminators of truth will keep the Copps's of the world in check. Especially after Nov. 2, and the predictable future, ain't no way no how the Fairness Doctrine will be put in place.

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I think the FCC needs to be on the de-fund list, too

Submitted by Dave. on Thu, 12/16/2010 - 6:18pm.

I mean, all the FCC is really good for is keeping radio stations from stepping on each other's frequencies, and assigning call letters.

You don't need a big, bloated parking lot for otherwise unemployable government goons for that.

Besides, comrade Copps scares me almost as much as his boss, the Comrade Chairman.

-Dave

Vote for the American in November

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Uh-oh. Bad news for MSNBC

Submitted by Model850 on Thu, 12/16/2010 - 6:22pm.

The "public value test" would also mandate "diversity" in broadcast newsroom staff. In other words, the FCC would require radio or television stations to employ more racial and ethnic minorities.

Wow. That could mean big trouble for MSNBC.

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Copps suspected modus operandi

Submitted by TheHistorian on Thu, 12/16/2010 - 6:23pm.

What I believe he is counting on is that lib groups will speak out and lambaste stations for not broadcasting "their" type of stuff. I have seen a couple of times where a group gets to threaten a license because they are the only ones there.   If Copps vision comes about, what will need to be done is to mob the FCC review meetings/files with laudatory stuff and to scream down the liberals. Get in their faces a few dozen times, and this approach will melt away like Spring snow.

“Liberals tend to put the onus of your success on society and conservatives on you and your family.”

Dennis Prager

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Plain vanilla vs specialization

Submitted by neutron on Thu, 12/16/2010 - 6:32pm.

One hallmark of capitalism is specialization. I do what I do best and sell it. You do what you do best and sell it. We all get a plethora of products and services. TV is much the same, until Copp gets his way.

Copp explained the public value test  "... would require "quantifiable" increases in 'the human and financial resources going into news'" and "could mandate other, non-news types of programming... such as children's programs and 'civic affairs programming.'"

Ignoring for the moment that cable is not FCC regulated (yet), Copp would require The Cartoon Network to start programming hard-hitting news, for CNN and Fox News to carry Sesame Street, and move the local cable-access programming (Wayne's World et cetera) onto them as well.

No more specialization; every channell must include all types of shows. Middle of the road mush in a pablum universe of liberal euphoria and the rest of us will finally relent and become the "new man" of Marxist fame. (sarcasm alert)

If Copp gets his way, and you want to get an FCC license, then you'd better get ready to have no speciality, and accept the liberal drive to the middle of mediocre.

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more vanilla to spoil your schedule

Submitted by neutron on Thu, 12/16/2010 - 6:51pm.

"In the public interest" could include the bureaucrat's favorite college professor's video of his lectures, and so, even if you wanted to watch programming from The Bass Pro Shop, you have to watch Marxist Theory and Thought taught by some Ivy League professor.

"In the public Interest" could include daily "nutrition" programming to pound vegetarianism into your meat-eating head.

"In the public Interest" could include . . . [the rest of the examples are left to the student].

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(No subject)

Submitted by rammingspeed on Thu, 12/16/2010 - 6:33pm.


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Shocked speechless?

Submitted by neutron on Thu, 12/16/2010 - 6:57pm.

I noticed your blnk reply. I'm shocked too, but you have to speak up against this idiocy.

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Fairness Doctrine on Steroids

Submitted by ckc1227 on Thu, 12/16/2010 - 6:45pm.

No, he isn't pushing the Fairness Doctrine here, he's pushing something even worse. As a result, republicans in congress will be forced to compromise because the world will end if they don't, and the compromise will be the return of the Fairness Doctrine that allegedly wasn't even on the table, lol.


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Short answer...

Submitted by retrocon on Thu, 12/16/2010 - 7:10pm.

it's a trick question.

They don't want the fairness doctrine, because that name is tainted, but they want the controls over media that it implies.

So, no to the name, yes to the controls.

Only the fairness doctrine at least had limits, this doesn't.

As others have stated "public values" could be anything a reigning administration choses.  Perhaps we need more environmental programming, weight control programming, perhaps we should educate children on abortion as a key birth control method, how the wealthy should share their wealth through taxes.  In the liberal mindset, those all have public value.

there is also "public value" to ensure that "dangerous positions" or "hate speech" are not broadcast, due their potential to incite unrest and acts of violence.

There is not doubt about what the Obama admin wants here, the only room for doubt is whether the republicans have the backbone to prevent it.

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even shorter answer from the FCC Chairman.

Submitted by redright88 on Thu, 12/16/2010 - 7:37pm.

"What the hell do we have to do, to get you people to watch and listen to liberal TV and Radio?"


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This Copps character

Submitted by celator on Thu, 12/16/2010 - 7:41pm.

This Copps character illustrates why we have to know about the characters a President drags behind him into a new administration. In this Obama era of emerging radical fascism, we've seen every flavor and variety of Maoist lover, Communist, tax cheat, detritus, fringe political crackpots, power-mad zealots and cheap lawn furniture following their dear leader into the bowels of Washington power. 

The MSM refuses to vet these creeps, so we are left with the mess we are now suffering under.

"This is not your mother's Democratic Party"--Andrew Breitbart, CPAC, February 2012
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Yeah, celator---

Submitted by matthewdean on Thu, 12/16/2010 - 8:15pm.

and you only listed the tolerable riff-raff ruffians attached to LOTUS.   :o)

MD

"The credibility of the story is undermined by the selection of sources." - (h/t Jer)
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