Congress Tunes In | The Nation


Congress Tunes In

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Back in the mid-1990s, radio policy debates in Washington generated so little interest that many members of Congress were surprised to learn that they had voted--in the Telecommunications Act of 1996's grab-bag of giveaways to corporations--to completely rewrite the rules regarding the ownership, character and content of what ought to be this country's most democratic medium of mass communications, radio.

About the Author

Ben Scott
Ben Scott is the director of the Washington office of Free Press, the national media reform network.
Robert W. McChesney
Robert McChesney is Gutgsell Endowed Professor in the Department of Communication at the University of Illinois. He...
John Nichols
John Nichols
John Nichols, a pioneering political blogger, has written the Beat since 1999. His posts have been circulated...

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But as the twentieth century gave way to the twenty-first, the dimensions of the disaster created by years of bad policy-making became clear to everyone who was listening. Musicians stopped hearing their songs on the air, as disc jockeys were replaced by robots. Citizens stopped hearing local news, as thousands of broadcast journalists were replaced by syndicated right-wing ranters from New York and Los Angeles. What diversity there had been on the airwaves rapidly disappeared, as Clear Channel Communications bought up more than 1,200 radio stations nationwide--while its competitors gobbled up most of the rest--and American ears were assaulted by the heavily formatted, intellectually insipid and ideologically narrow sound of radio produced under a regimen of concentrated media ownership.

Needless to say, Americans hated what they were hearing, and millions of them came to recognize the connection between consolidation and the decline of radio as a useful--to say nothing of enlightening--medium. No small amount of the successful opposition to the Bush Administration's move in 2003 to relax media ownership rules was stimulated by widespread outrage over what loosened media ownership rules had done to radio. In polls taken after the 2004 election, MoveOn.org and True Majority both asked members what issue progressives should focus on this year; in each survey, media reform ranked second, behind only the integrity of the electoral system, and ahead of the Iraq War, healthcare reform and environmental protection. "People are very concerned about the media, about media policy, and what's happened to radio since 1996 has an awful lot to do with that concern," says Democratic Senator Russ Feingold, who has introduced legislation to address the impact of the Telecommunications Act. "Radio is such an important part of people's lives, and they see it changing in ways that trouble them. So they are starting to ask questions, and to demand answers."

Even as media reformers and a growing caucus of allies in Congress seek to repair the damage done to traditional radio by consolidation, many performers and listeners are tuning in to alternatives. Some of the country's most talented and controversial on-air personalities, including Martha Stewart and Howard Stern, have signed on to the relatively new Sirius or XM satellite radio networks. Those two networks are booming--XM added 540,000 subscribers in the first three months of 2005 despite the fact that subscribers must pay monthly fees just to tune in. Their success is putting pressure on Clear Channel and Infinity, the companies that own so much of commercial radio, to loosen up tight music playlists and begin innovating again. But so far there is little evidence that the conglomerates are going to restore the local news and commentary that was lost in the rush to cut expenses in the late 1990s and early 2000s. It costs money to produce local radio that's actually local, and the pressure from satellite radio tends mostly to be on the entertainment side of the ledger.

Podcasting, which makes audio files available online in a form that allows software to automatically detect new files and download them, may actually pose more of a threat to traditional radio. Podcasters can, at very little cost, produce local news and public affairs programs, as well as music and cultural programming, and distribute it in a form that is at once instantly available and permanently accessible. Howard Dean's former backers, the tech-savviest of the 2004 election's activists, have been in the forefront of producing and distributing podcasts at sites like www.howarddeanwasright.com. It won't be long until podcasts can be easily downloaded directly to cell phones and automobiles. It is in this new technology territory that some of the fiercest lobbying of the federal government is taking place. The big broadcasters aren't at all enthusiastic about facing competition from thousands of new grassroots radio programmers, especially if the newcomers offer a genuine alternative to the drab content on stations the big broadcasters have spent millions to purchase.

Even on the frontiers of new media, the lobbying edge of the big media companies remains significant. The FCC has a lot of say regarding the allocation of spectrum--open space on the airwaves. The big traditional broadcasters are currently making the transition from analog TV to digital TV; when they are done, a sizable chunk of the public airwaves will be returned to the government. The Bush Administration wants to auction new licenses to the cell-phone companies. This would close off space on the spectrum that could be used to create public or "unlicensed" access that could clear the way for podcasts to be ubiquitous. Thus, there is a huge high-tech battle to be fought before the FCC, and potentially Congress.

But there are also plenty of battles to be fought about how big media companies use the public airwaves they have already colonized. While television gets the most attention from media critics, radio, with its lower costs and greater ease of distribution, is still the mainstream medium best able to provide access to news and culture. Simple changes in rules regarding the number of stations a single company can own, the right to reply to unfair charges and claims, and the basic responsibilities of broadcasters could dramatically improve the character and quality of American radio. And in Congress, where even conservative Republican members have begun to complain about the disappearance of radio news programming, the opening for promoting these and other changes is real.

Regrettably, much of the attention to media policy currently concerns Congressional efforts to have the FCC levy massive fines against radio and TV broadcasters who engage in "indecent" programming. Some in Congress wish to extend these fines to cable and satellite channels as well, thus making the FCC the über-commissar of electronic media content. Significantly, the most outspoken foes of the fines were those who have been in the forefront of championing real media reform. "We are heading down a slippery slope when Big Brother decides what constitutes free speech and artistic expression," declared Democratic Representative Jan Schakowsky as she explained her opposition to the fines in the debate that preceded House passage of the bill in February. "I worry that increasing fines, especially those directed at individuals, may lead to excessive self-, if not actual, censorship." The solution to vulgar programming, said Democratic Representative Maurice Hinchey, is to put ownership rules in place that make it less rational for firms to produce such fare. It is no coincidence that the greatest purveyors of trash--News Corporation, Viacom and Clear Channel--are also the largest media firms and the firms most dedicated to commercializing every nano-second of broadcast time.

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