Powell Says Station’s Entire Performance Is Examined
FCC Chmn. Powell said the Commission examines the “totality” of a station’s performance, in evaluating whether the public interest has been served at license renewal time. “Chairman Powell’s response is a warning to broadcasters. It explicitly recognizes that licensees like Sinclair have an obligation to serve the public interest and that if questions are raised about their failure to do so, the FCC is prepared to expeditiously investigate the matter and take action,” said House Commerce Committee ranking Democrat Dingell (Mich.). Powell was responding to a letter from Dingell and House Telecom Subcommittee ranking Democrat Markey (Mass) asking Powell if Sinclair Bcst.’s plan to run an anti-Kerry documentary violated the broadcaster’s public interest obligations (CD Oct 14 p11).
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Dingell and Markey asked if it served the public interest to air a “one-sided propaganda piece” against a presidential candidate 2 weeks before an election. Powell said the Commission considers several factors, including comments from the public, to determine if the public interest is being served. Powell emphasized that those concerns are raised during licensee renewal hearings. Sinclair had told its 62 stations to preempt programming to air “Stolen Honor,” a documentary that criticizes presidential candidate Sen. Kerry’s (D-Mass) Vietnam service. This week, Sinclair decided not to air the documentary in its entirety, instead airing “A POW Story: Politics, Pressure and the Media” (CD Oct 20 p9).
Broadcasters have broad discretion in choosing content, Powell said: “The Commission generally cannot prohibit a station from airing a specific program.” But the Communications Act and Commission policies require broadcasters to provide comparable time under certain circumstances, he said, with the licensee’s obligation to provide equal time determined in light of all of the relevant facts in a particular case. As a result, the Commission can’t “accurately ascertain if the comparable time requirements, or exemptions to those requirements, are triggered without a full understanding of the content of a particular program,” Powell said. The Commission is prepared to act promptly to determine compliance with FCC rules because of the “significant” public interest involved in this case, he said.
The FCC has already received a complaint filed by the Veterans Institute for Security & Democracy regarding the Sinclair broadcast. The group asked the FCC to consider its concerns that Sinclair may not provide equal time for a counter opinion on the issues raised in the film. It sought action before the election, saying without it the Commission couldn’t provide “any meaningful relief.” Once the program is broadcast, the group will revise its complaint, it said.
In a new national survey, 78% of viewers said broadcasters should air an opposing viewpoint if the program is broadcast. Even among those who support Sinclair’s broadcast, 69% felt the program should be balanced. The Consumers Union and Consumer Federation of America commissioned the survey.
Elsewhere, the Society of Professional Journalists (SPJ) supported Sinclair’s Washington bureau chief for questioning Sinclair’s action. Sinclair fired Jon Leiberman after an interview with the Baltimore Sun where he criticized the plan to label the film a news broadcast (CD Oct 20 p9). “Jon Leiberman may have lost his job, but he has gained the respect of ethical journalists everywhere who understand the importance of their independence and their responsibility to put the public first,” SPJ said.