SENATE CASTS ‘LEGISLATIVE VETO’ OF FCC MEDIA OWNERSHIP RULES

Sen. Dorgan (D-N.D.), sponsor of the “legislative veto” of the FCC, characterized the vote as a “big and important step” and noted the bipartisan support, with 12 Republicans voting in favor of the “resolution of disapproval.” But he was questioned about the future of S.J. Res-17, which utilizes the seldom-used Congressional Review Act to overturn the FCC’s proceeding on media ownership. During the floor debate, Senate Commerce Committee Chmn. McCain (R-Ariz.) emphasized that it’s unlikely the House will take up the measure. “And prospect of it becoming a reality is minimal at best,” McCain told the Senate.

When asked about the House, Dorgan acknowledged the leadership’s opposition to the measure, but added that he was hopeful it could still receive a vote on the House floor. He noted that the House leadership has recently “lost on some significant issues,” such as travel to Cuba, and that over time, the issue could “boil up” in the House as it had in the Senate and that Tues.’s Senate vote would apply pressure to the House to act. “If the House votes on it, it will pass,” he said. And when asked about the Statement of Administration Policy that predicts a Presidential veto, Dorgan said he doubts the President would issue his first veto on this issue. Senate Minority Leader Daschle (D-S.D.) also took to the Senate floor Tues. to support the resolution and criticize the FCC for the ownership rules. Daschle also said he has “some expectations” that the House would take up the resolution.

Significant opposition in the House remains, as Commerce Committee Chmn. Tauzin (R-La.) pledged to “vigorously” fight the measure in the House. He said the House already debated media ownership rules when it voted 254-174 to reject an amendment from Rep. Hinchey (D-N.Y.) to the Commerce Justice State (CJS) appropriations bill that would have prohibited the FCC from enforcing new cross-ownership rules. Tauzin said: “It’s time for Congress to move on. I will vigorously resist any attempts to revisit these issues next year.” The 35% broadcast ownership cap that’s also in the CJS bill won approval 40-25 in a House Appropriations Committee vote. That bill was later ratified 400-21 by the full House.

FCC Chmn. Powell said if the resolution were passed, it “would only muddy the media regulatory waters… It would bring no clarity to media regulation, only chaos.” Powell said the results would be “perverse” and loosen radio rules to permit greater consolidation. The resolution would reinstate rules overturned by the courts and would forbid the FCC from issuing any substantially similar rules, Powell said. “In short the agency would be powerless to cure the infirmities identified by the court,” Powell said. FCC Comr. Copps, who helped lead opposition to the ownership rules, said: “The Commission should heed the call and act now to reconsider its decision to allow even more media concentration.”

A Republican Senate source characterized the vote as a mild defeat for those that would roll back the rules. On Tues. morning, opponents of S.J. Res.-17 had 32 sure votes and wanted at least 2 more so that a veto override wouldn’t be possible, the source said. They got 8 more. And there could be even another vote out there, the source said, which would make the issue filibuster-proof. Of the 5 senators who didn’t vote, one was Sen. Smith (R-Ore.), who would likely vote against the rules. Dorgan noted that at least 4 of the 5 absent senators would have voted for the resolution, including Sens. Edwards (D-N.D.), Graham (D-Fla.), Kerry (D- Mass.) and Leahy (D-Vt.). The Senate source also said the vote appeared “safe” for many senators since it’s very unlikely the House would take up the measure.

Attention now turns to the appropriations process, as both the Senate and House CJS spending bills have amendments that would prevent the FCC from raising the broadcast ownership cap from 35% to 45%. Legg Mason analysts said they still believe the most likely scenario for any media ownership legislation is through the appropriations process. But Senate sources said there remains opposition to that process as well, particularly from McCain.

McCain opposed S.J. Res.-17, but essentially agreed with the merits of the resolution. McCain emphasized he opposed the format of a “legislative veto” and said the Senate should consider S-1046, a bill from Senate Appropriations Chmn. Stevens (R-Alaska) that would institute some of the ownership restrictions sought in S.J. Res.-17. Stevens also spoke in opposition to S.J. Res.-17. However, a Senate source said McCain was “furious” that the Senate Appropriations Committee included the 35% cap amendment and that McCain would likely try to have the amendment removed either on the Senate floor or in conference. It’s likely that House leadership would also try to have the 35% cap removed in conference, sources said.

There remains other possibilities in derailing the 35% cap. Last week, House Telecom Subcommittee Chmn. Upton (R- Mich.) said he envisioned other potential obstacles to the 35% amendment in the CJS bills, according to Upton’s spokesman. A supplemental appropriations bill on Iraq and Afghanistan spending could delay the appropriations process, the spokesman said, which could move many spending bills to an omnibus spending bill, where the 35% amendment might get dropped.

Rep. Markey (D-Mass.) received sustained ovation at awards lunch of United Church of Christ when he announced Senate vote shortly after it had taken place. FCC Chmn. “Michael Powell wrote the single worst decision in the history of the Commission,” Markey said.