It might, however, come as a surprise to the 1972 FCC. That year, the Federal Communications Commission discussed a ruling that became known as the "Zapple Doctrine". The rule extended the federal agency's interpretation of the equal time provisions, Section 315 of the Communications Act, to apply to supporters of candidates, as well as candidates themselves. If airtime was granted to a candidate over the public airwaves, equal time had to be made available to his or her opponent, if it was requested.
Zapple expanded the equal time provision to apply to supporters of candidates as well. It only made common sense, as the FCC explained in 1972...
What we were stating in Zapple was simply a common sense application of the statutory scheme. ... If the DNC were sold time for a number of spots, it is difficult to conceive on what basis the licensee could then refuse to sell comparable time to the RNC. Or, if during a campaign the latter were given a half-hour of free time to advance its cause, could a licensee fairly reject the subsequent request of the DNC that it be given a comparable opportunity? Clearly, these examples deal with exaggerated, hypothetical situations that would never arise. No licensee would try to act in such an arbitrary fashion.
"Exaggerated, hypothetical situations that would never arise?" Really? "No licensee would try to act in such an arbitrary fashion"?
Hey, 1972 FCC, please meet the 2014 FCC.
On May 8, 2014, the FCC, issued their response to MAC's complaint, filed after we discovered that two Milwaukee, Wisconsin powerhouse radio stations were giving millions of dollars in free airtime to supporters of GOP gubernatorial candidate Scott Walker, and not allowing supporters of his Democratic opponent any free airtime at all --- all in rather clear violation of the FCC's Zapple Doctrine...
P.S. While you're listening, please consider donating to The BRAD BLOG so we can continue to afford to keep bringing you this kind of news, programming, journalism and analysis. We really need your support these days to keep going. Thanks in advance!
Finally. For the first time in years, the Federal Communications Commission (FCC) has rolled back the mad consolidation of our public airwaves by huge corporate interests.
Today's party-line vote by commissioners is just one small step for the FCC, but it may suggest that, under its new Chair Tom Wheeler, the federal agency may once again be showing some interest in fulfilling its mission of assuring that the public airwaves actually serve the public interest...
The Federal Communications Commission today took a critical first step toward tightening its rules and putting more of the public airwaves into the hands of local owners.
In a tense vote, the agency closed a loophole that has allowed companies like Raycom, Sinclair and Tribune to evade federal ownership limits. The industry calls these loopholes "joint service agreements," but we call them "covert consolidation" because they allow companies to control as many as four TV stations in the same market. Companies that have exploited the JSA loophole have gutted newsrooms and often broadcast the exact same newscast on multiple stations in the same community - if they run any news at all.
In the wake of this decision, some companies will be forced to sell off stations that violate the new rule.
In addition, the JSA loophole was one of many. The Department of Justice has pushed the FCC to close all loopholes and a recent statement from the FCC's media bureau suggests it's primed to scrutinize future deals.
The LA Times reports the new rules "will greatly reduce and potentially bring to an end the popular practice of business partnerships between competing local television stations."
Mind you, many of the corporations who have been abusing the rules by partnering to avoid competing with other local stations are the very same corporations who pretend to be in favor of so-called "free market competition."
The Times goes on to note that "FCC Chairman Tom Wheeler said such partnerships have been abused by many broadcasters who have used so-called joint sales agreements to get around the regulatory agency's rules limiting the number of television stations a broadcaster can own."
"Broadcasters will have two years to unwind their joint sales agreement arrangements or can file a request for a waiver and try to make the case that the partnership serves the public interest," the paper reports. Public advocates like Free Press President and CEO Craig Aaron, who otherwise lauded today's vote, still has "concerns about how the FCC will apply waiver standards."
Still, Aaron said in a statement issued today, the new rules amount to very encouraging news from the FCC for a change...
The question I hear time and time again from audiences who see my documentary film, Broadcast Blues is, "Why did you leave your lucrative career in broadcasting to become a media reform activist?"
The truth is that, once upon a time, I worked in a newsroom where a corporate owner ordered me, a reporter, to skew my reporting to purposely make a man on trial for murder --- look guilty.
In an instant, my entire life changed. The trust I'd had in my news organization vanished. And the deeper I looked into the way corporate owners manage the message they want the public to hear, the more disillusioned I became.
There is more to that story --- so much more --- but you'll have to wait for me to finish my book to get all the chilling details on it.
But this is the kind of story that many reporters could tell, if only they dared. But when they dare, as Jane Akre and Steve Wilson did, they can get fired for telling the truth. (Who can forget the story of these Fox affiliate investigative reporters who tried to report on Monsanto Bovine Growth Hormone being injected into cattle, only for it to then be found in the milk supply, which experts said could cause cancer? WTVT fired them after Monsanto complained to Fox "News" chief Roger Ailes.) The reporters filed a whistleblower suit, and Akre won. But Fox won in the end, by getting a court order that, legally, news does not have to be true. Akre and Wilson lost not only their jobs, but ended up having to pay Fox' attorney fees. (See my story from Broadcast Blues on this case, including courtroom footage here.)
This is the kind of information I suspect the FCC was hoping to tease out in their planned "Multi-market Study of Critical Information Needs" [PDF] which, as I wrote last week at The BRAD BLOG, sparked a right wing firestorm in recent weeks when Republican FCC Commissioner Ajit Pai went public with a Wall Street Journal op-ed accusing his colleagues of "meddling with the news" by simply asking voluntary questions of newsrooms. The study was part of the FCC's statutory requirement to report to Congress every three years, as they have for decades, on identifying "barriers to entry into the communications marketplace faced by entrepreneurs and other small businesses."
The question for reporters from the CIN study that was most disturbing to Pai: "Have you ever suggested coverage of what you consider a story with critical information for your customers that was rejected by management?"...
The entire right-wing mediasphere flexed its powerful muscles last week against its only regulator, the Federal Communications Commission.
It started when the new Republican FCC Commissioner, Ajit Pai, ignored traditional inter-agency channels and went straight to the Rupert Murdoch-owned Wall Street Journal to accuse his colleagues of "meddling with the news."
That was all it took.
Pai's beef? That the FCC would be conducting a "Multi-Market Study of Critical Information Needs" (CIN) to question radio and TV reporters and editors about how they determine which stories to run and which not to run. The study would also ask ask about "perceived station bias" and "perceived responsiveness to underserved populations."
As I reported at The BRAD BLOG way back in 2011, "The FCC is tasked with making sure the broadcast media --- via the limited broadcast spectrum which is owned by we, the people --- serves the public interest. Every four years, as required by the 1996 Telecommunications Act, the FCC must revisit the issue of public interest in media ownership." Despite the right wing hyperventilation over the nefariousness of the CIN study, it's simply part of the FCC's statutory mandate, as explained here.
What's most interesting, however, is that Pai enlisted the very same right wing Pied Pipers who have long taken control of and, indeed, dominate the very airwaves we ALL own, and which most of us agree need more diversity and public oversight --- in hopes of intimidating the new Democratic FCC Chair Tom Wheeler into providing less diversity and public oversight.
That bit of upside-down policy jujitsu was, ironically enough, enabled by the tremendous power of broadcasting over our publicly-owned airwaves.
Following the siren call of Pai's piping, both Rush Limbaugh and Glenn Beck dutifully took to those airwaves coast-to-coast to work their 30 million or so radio listeners into a frenzy to prevent the FCC from following the agency's decades-long mandate for determining whether local broadcast news organizations are serving the "public interest" or whether they are merely producing news stories mandated by their corporate owners.
Back in 2004, I listened to Al Franken on Air America. For all of ten minutes.
Nine years ago, I was a Republican having second thoughts about giving George W. Bush a second term. Between the failure to find weapons of mass destruction in Iraq and the over-the-top demagoguery of the Massachusetts Supreme Judicial Court's marriage-equality ruling, I found the idea of voting for Bush again distasteful.
So I decided to give Franken, the franchise player of the then recently launched Air America radio network, a chance; maybe he could convince me to vote for John Kerry. However, after ten minutes of listening to Franken and co-host Katherine Lanpher, I decided that I wasn't really the target audience. I went back to listening to Rush Limbaugh, and --- God help me --- I ended up voting for Bush again.
Looking back, I realize that I was taught to hate Franken --- and anything that wasn't right-wing radio. It's a lesson I never should have learned...
As might be expected by an industry with a long track record of willfully misinforming the public, perhaps it is not surprising that Radio Ink --- which bills itself as "Radio's Premier Management & Marketing Magazine" --- would wildly mischaracterize not only the piece I wrote, but the legal underpinnings of the case which is helping to bring the question of what comprises "Bonafide News" to the forefront.
In other words, rather than challenge my actual argument or what I actually wrote or what is in our published legal filings, the unbylined Radio Ink article simply made up a straw man --- she wants to "stifle" and "silence" and "censor" Talk Radio by "government mandate"! --- and then knocked it handily down. That is, of course, what they do in Talk Radio.
Let's start with Radio Ink's first words (I wish I could tell you the author, but he/she remains anonymous): "The Huffington Post is helping the Media Action Center promote the organizations [sic] attempt to stifle the long success of Talk Radio, mainly Rush Limbaugh, and put pressure on radio stations to let them on the air via government mandate."
What a loaded sentence. But let's start unpacking.
Yes, Huffington Post printed my oped on their pages, (as did The BRAD BLOG). Printing well-researched stories is what online news outlets do. But Radio Ink is apparently not an online news outlet, in that sense, so they may not be familiar with how they work. Instead, they insinuate some kind of collusion between my organization, Media Action Center (MAC) and HuffPo. They do it with good cause: they are creating a meme for the entire talk radio industry --- and its helpful sycophant echo chamber on the Right --- to follow. First, they name a left wing bogey man (HuffPo!), then they completely misstate my organization's objective, which is not to "silence" anyone, but rather, to fight to not allow anyone to be silenced over our public airwaves. Finally, they bring forward the oft-repeated, knee-jerk cant that we want a "government mandate" to allow the collective us onto the airwaves --- the airwaves that we all own.
Absolutely none of that is accurate or true, or even close to what my article was about. But that's "talk radio" in written form apparently. Which leads me to ask this: Why does Radio Ink and its followers hate the rule of law?...
President Obama recently nominated Tom Wheeler as the new Chair of the Federal Communications Commission (FCC), the federal agency tasked with protecting the public interest in broadcasting, particularly over our public airwaves.
One of the first questions Wheeler's FCC will have to (reluctantly?) decide: Is Talk Radio the same as "bonafide news"?
More than three quarters of the American public say no, according to Pew Research, and one would think an agency sworn to protect the public interest and its airwaves would agree with that vast majority. But will Wheeler choose to put the public interest first, or will his FCC continue to simply turn a blind eye, as the agency has done since the Reagan administration?
After what we documented last year in Wisconsin, and after official complaints were filed in turn with the FCC about how corporate radio stations there appear to have abused their licensed privilege to broadcast over our public airwaves, that question may finally have to be answered by the federal agency tasked with enforcing the law over those very airwaves...
It's a beautiful and maddening film, featuring many voices --- such as Julian Assange, John Nichols, Dan Rather, Amy Goodman, Robert Parry, Robert McChesney, Dan Ellsberg, Sibel Edmonds and many more, including even yours truly --- who will be familiar to readers of The BRAD BLOG. While aspects of a number of the stories told in the film may be familiar, there were elements that even I hadn't heard about it, in just about every one of them.
I had planned to ask Tremblay about his struggles finding commercial theatrical distribution for the film in the U.S. I'd presumed that, at least, would be next to impossible, given the subject matter of the film (the corporate takeover/merger of the near-entirety of our mainstream media in collusion with the highest levels of the U.S. government.) What I hadn't counted on --- what caught me completely off-guard --- was that Tremblay said that, while the film has been featured at prestigious film festivals around the world, the bulk of the major festivals in the U.S. had turned the film down. Yes, those supposedly "independent" film festivals are, apparently, not quite as independent as they used to be, it seems.
Our conversation, today, was the first, as I understand it, that Tremblay has been able to have in the U.S. media about this important film which has been several years in the making. (I was interviewed for the film about three years ago as I recall.)
The good news: We were able to talk about all of that today, unencumbered by any corporate filter and over our public airwaves on Pacifica Radio in L.A. (and over 110,000 blazing FM watts across much of Southern and Central California!)
The even better news: You can watch the film, in its entirety, streaming on the Internet as of tomorrow, Thursday, April 4 at Shadows.KCETlink.org. (You can watch a number of clips from the film there already.)
And, the even better news still: Shadows of Liberty will air on actual television, beginning Friday, April 5th at 8pm ET and PT on independent KCET in Los Angeles and nationwide on Link TV (DISH Channel 9410, DIRECTTV Channel 375).
Until then, you can listen to my conversation with Tremblay from today's BradCast, which includes a number of clips from the film --- along with a few more items of note in the news week (such as concerns about the 100% unverifiable voting systems set for use in the race of Stephen Colbert's sister, Elizabeth Colbert Busch, in her run for the U.S. House in S. Carolina against former Gov. Mark Sanford; the Virginia GOP voter registration worker who was caught tossing registration forms into a dumpster just before the Presidential Election last year, but who seems to now be getting off the hook, and, of course, a visit from our own Desi Doyen, as usual, with the latest Green News Report) --- all right now here.
P.S. Please be the media and spread the word. Thanks. P.P.S. If I haven't "sold" you enough on the film here and in the radio show above, see the official trailer embedded below. Those of you who know my voice will recognize it a few times...
I am extremely proud that The BRAD BLOG is now a part of Pacifica Radio's nearly 65-year legacy, as highlighted in the new, very cool video above.
My own show, The BradCast, airs on Pacifica's Los Angeles affiliate, KPFK 90.7 FM on Wednesdays at 3pm PT, and it's an honor that our broadcasts are now part of Pacifica's long and crucial legacy of broadcasting in the public interest over our public airwaves.
While both Brad Friedman and Sue Wilson have written in detail here at The BRAD BLOG about the recent closure of progressive talk radio stations in cities such as Portland and Seattle, along with the FCC's failure to enforce the public interest obligations of the conglomerates that own those stations, there's an interesting development on the other side of the dial, at least in Boston, where the demise of right-wing talk radio --- in a region where the format once dominated --- hints at a downward spiral for a key element of the conservative entertainment complex.
The latest sign of right-wing radio's malaise may be seen in the apparent demise of Boston's WTKK-FM.
Friedman and Wilson have shown conclusively that good progressive radio is not being allowed to succeed --- that the national corporate interests of these large media conglomerates (just as predicted by some media observers decades ago, following the passage of the federal Telecommunications Act of 1996) are being placed ahead of the local public interest obligations which broadcast licensees are required to meet in exchange for their use of our public airwaves.
With the challenges now being faced by good progressive talkers facing obstacles stacked against their success, is there anything wrong with enjoying the spectacle of seeing bad right-wing radio fail, as appears to be the case in Boston at year's end?...
[Now UPDATED below with tonight's audio archives.]
It's our final night this week of guest hosting for the nationally-syndicated Mike Malloy Show. Mike will be back LIVE on Monday! (A grateful nation rejoices.)
For the last time this week, we'll again be BradCasting LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open, at the bottom of this item, a few minutes before airtime, see down below, just above "Comments" section.)
PLUS! Much more, including whatever it is that you and/or I might be thankful for this time of year, and as many of your calls as we can possibly get to over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...
The Mike Malloy Show is nationally syndicated on air affiliates across the country and on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (tell them you're from "Minnesota" when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.
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POST-SHOW UPDATE: Thanks to all our listeners, callers and chatters for a great Thanksgiving week filling in for Mike and Kathy. My thanks, especially, to them! The ad-free audio archives from tonight's show are now posted below (along with the chat room archives). Enjoy 'em all over the holidays and have a great Thanksgiving....until we meet here again...
On Friday, as the news was breaking, and even as the unannounced flip was occurring before it had otherwise been planned, I detailed the outrage of Bain Capital-owned Clear Channel killing KPOJ, the only commercial Progressive talk radio station in Portland, one of the nation's most progressive cities, while leaving their two "competing" Clear Channel-owned Rightwing stations in the same market intact.
They flipped the station, one of the first and most successful Progressive talk stations in the nation, over to the Fox Sports format, which, I have since learned, is also syndicated by Clear Channel-owned Premiere Radio, further underscoring the unenforced anti-trust issues that seem to be in violation of, among other things, the 1948 U.S. v. Paramount Supreme Court decision I also briefly discussed in my Friday night coverage.
In that case, the U.S. Supreme Court found that Paramount Pictures was in violation of anti-trust laws because it was unfairly leveraging its chain of movie theaters around the country to keep films made by competing movie studios from being exhibited. The vertical integration, controlling both the production and means of distribution, was the very definition of a monopoly. In this case, as I've argued, Clear Channel is using the very limited public airwaves broadcast licenses that it receives for free from the government --- in exchange, supposedly, for serving in the public interest --- in order to push its own Premiere syndicated programming, even when other, non-Clear Channel owned shows and formats both garner higher ratings and, arguable, are far more in the public's interest than a third sports talk station in the very same market.
More to the point, as I have noted many times in the past, the Telecommunications Act of 1996, which allowed companies like Clear Channel and a handful of other mega-corporations to buy up control of licensing rights to theoretically "competing" stations in the same market --- Clear Channel, for example, owns both the Rightwing and Progressive talk radio stations in many major markets --- assures that there is no real free-market competition in the Talk Radio business. While Rightwing talk radio is allowed to propagandize over our public airwaves in favor of supposed "free-market" competition, there is no such free-market competition in the talk radio business itself. The game is as rigged as it would be if Coca-Cola had the sole distribution rights to both Coke and Pepsi in the same major market.
Shortly after running my piece on Friday, I was informed by someone inside the business, in a very good position to know, that "the Seattle station is next." They were referring to Seattle, Washington's KPTK am1090 Progressive Talk station, owned by CBS-Viacom. On Monday morning, Stephanie Miller, whose very successful show is heard on that station, and many others, along with appearing on Current TV, told listeners the same thing, that the progressive Seattle talk station, in another very progressive market (in a state that just approved the recreational use of marijuana, for chrissakes) was expected to flip to the newly introduces CBS Sports format on January 1...
[UPDATE: As of 6:00pm PT, the KPOJ website has now flipped to "Fox Sports AM 620 Portland".]
This is horrible. Tonight, without warning, Clear Channel Communications-owned 620 AM KPOJ in Portland, Oregon, one of the most progressive cities in one of the nation's most progressive states, has flipped from its years-long progressive news and talk format over to Fox Sports as of 5:30pm local time.
KPOJ was the only commercial progressive talk radio station in Portland. The city will still have several other Rightwing talk radio stations, including one owned by Clear Channel, and they already have two sports stations, but the Bain Capital-owned media conglomerate is now killing yet another progressive voice from our publicly-owned airwaves.
The BRAD BLOG can now confirm that KPOJ has flipped its programming format and website to Fox Sports as of 6:00pm PT tonight.
When one company owns "competing" talk radio stations in the same town, and gets to decide which one enjoys a stronger signal and which one receives promotional dollars (and which one doesn't), "competition" in the market place is a mirage. It's the equivalent of a Coca-Cola distributor owning the sole rights to distribute both Coke and Pepsi in the same town. Which one do you think is going to sell better there? That's precisely what talk radio is like in almost every major market in the country now. One company, usually Clear Channel, generally owns both the "Right" and "Left" talk stations. (In Portland, Clear Channel owns Rightwing talk outlet KEX as well as KPOJ.) Promoting one station would likely decrease listeners and ratings --- and, thus, ad dollars --- for the other. Thus, there is no "free market" competition in talk radio.
This is hardly the first time that Clear Channel has done the same thing, in very progressive cities, underscoring yet again that there is no real, "free market" competition in talk radio over our publicly-owned airwaves. The market place is decidedly rigged...
The New York Times is reporting, and the campaign of Green Party Presidential nominee Jill Stein is confirming, that Google TV Ads is lifting its block on an ad for Stein featuring a partially bleeped "obscenity".
Google TV Ads, which, according to the Times, "fills advertising slots for television stations", had "initially rejected the commercial...citing the use of 'inappropriate language'".
"Never mind that these ads already comply with F.C.C. regulations regarding appropriate content," the Green Party had argued, "what Google does not seem to understand is that federal law prohibits broadcasters from censoring ads submitted by candidates for public office."
The Times reports that Ben Manski, Stein's campaign manager, explained that the "ad was primarily intended to be shown on cable and satellite channels, like MSNBC and Comedy Central, which, like the Internet, are not subject to government regulation of objectionable language in the way that words and images broadcast over the airwaves still are."
Here is the shocking ad. Be sure to remove all young children, or the faint of heart, from the room before hitting the play button...
In the meantime, there continues to be no prohibition against blatant lies being told in campaign ads by Presidential candidates or any others. Go figure.