Lawyer says FCC ordered media ownership study destroyed

This astonishing story details how the Federal Communications Commission ordered a study about media ownership concentration, and then tried to make it go away when they didn't like the results.

From Associated Press

The Federal Communications Commission ordered its staff to destroy all copies of a draft study that suggested greater concentration of media ownership would hurt local TV news coverage, a former lawyer at the agency says.

The report, written in 2004, came to light during the Senate confirmation hearing for FCC Chairman Kevin Martin.

Sen. Barbara Boxer, D-Calif. received a copy of the report “indirectly from someone within the FCC who believed the information should be made public,” according to Boxer spokeswoman Natalie Ravitz.

Adam Candeub, now a law professor at Michigan State University, said senior managers at the agency ordered that “every last piece” of the report be destroyed. “The whole project was just stopped _ end of discussion,” he said. Candeub was a lawyer in the FCC’s Media Bureau at the time the report was written and communicated frequently with its authors, he said.

In a letter sent to Martin Wednesday, Boxer said she was “dismayed that this report, which was done at taxpayer expense more than two years ago, and which concluded that localism is beneficial to the public, was shoved in a drawer.”

Martin said he was not aware of the existence of the report, nor was his staff. His office indicated it had not received Boxer’s letter as of midafternoon Thursday.

In the letter, Boxer asked whether any other commissioners “past or present” knew of the report’s existence and why it was never made public. She also asked whether it was “shelved because the outcome was not to the liking of some of the commissioners and/or any outside powerful interests?”

The report, written by two economists in the FCC’s Media Bureau, analyzed a database of 4,078 individual news stories broadcast in 1998. The broadcasts were obtained from Danilo Yanich, a professor and researcher at the University of Delaware, and were originally gathered by the Pew Foundation’s Project for Excellence in Journalism.

The analysis showed local ownership of television stations adds almost five and one-half minutes of total news to broadcasts and more than three minutes of “on-location” news. The conclusion is at odds with FCC arguments made when it voted in 2003 to increase the number of television stations a company could own in a single market. It was part of a broader decision liberalizing ownership rules.

At that time, the agency pointed to evidence that “commonly owned television stations are more likely to carry local news than other stations.”

When considering whether to loosen rules on media ownership, the agency is required to examine the impact on localism, competition and diversity. The FCC generally defines localism as the level of responsiveness of a station to the needs of its community.

The 2003 action sparked a backlash among the public and within Congress. In June 2004, a federal appeals court rejected the agency’s reasoning on most of the rules and ordered it to try again. The debate has since been reopened, and the FCC has scheduled a public hearing on the matter in Los Angeles on Oct. 3.

The report was begun after then-Chairman Michael Powell ordered the creation of a task force to study localism in broadcasting in August of 2003. Powell stepped down from the commission and was replaced by Martin in March 2005. Powell did not return a call seeking comment.

The authors of the report, Keith Brown and Peter Alexander, both declined to comment. Brown has left public service while Alexander is still at the FCC. Yanich confirmed the two men were the authors. Both have written extensively on media and telecommunications policy.

Yanich said the report was “extremely well done. It should have helped to inform policy.”

Boxer’s office said if she does not receive adequate answers to her questions, she will push for an investigation by the FCC inspector general.

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