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Witness Testimony
Ms. Gloria Tristani
Advancing the DTV Transition: An Examination of the FCC Media Bureau Proposal
Summary of Testimony Gloria Tristani, Managing Director of the Office of Communication of the United Church of Christ, Inc. represents the Public Interest, Public Airwaves Coalition and the Children's Media Policy Coalition. Given that the FCC Media Bureau "Ferree" plan is not publicly available and still fluid, it is important that this Committee explore some of the answers to the following questions before it passes judgment on the merits of the plan. Does the plan comply with the law and the intent of the statute? Do the benefits of quickly freeing up the valuable analog spectrum outweigh the potential harms to consumers? What provisions will be made for the consumers that rely exclusively on free over-the-air television? More importantly, the public interest is missing from the Ferree plan and any other significant discussion of the digital transition. It has been almost four years since the FCC opened the proceedings dealing with the public interest obligations of broadcasters in the digital age. It is imperative that the FCC clearly define the public interest obligations in the digital age now and before the FCC acts on digital must carry or any Ferree type plan. The public deserves and is entitled to know what benefits it will gain from the digital largesse that has been gifted to broadcasters. The Public Interest, Public Airwaves Coalition has presented the FCC with a proposal drafted as "processing guidelines" to allow for expedited license renewal. The proposal seeks to ensure that broadcasters air a minimum of 3 hours per week of local civic and electoral affairs programming on the most watched channel and has provisions for additional free programming streams. The proposal also includes access for independently produced programming. The Children's Media Policy Coalition recommends that broadcasters be required to provide education and information programming (E/I) in the digital age; that the FCC prohibit commercial web sites from being embedded in children's programming; and, that datacasting technology be used to help parents make informed choices about programs their children watch. The public should not miss out on this unique opportunity to benefit from the new digital age. Both Coalitions urge that Congress demand that the FCC take advantage of the transition to digital to reestablish meaningful public interest obligations for America's television broadcasters. As Thomas Jefferson put it long ago: "I know of no safe depository of the ultimate power of the society but the people themselves. And if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion."
Good morning. Thank you for the opportunity to testify today on behalf of the Public Airwaves, Public Interest Coalition and the Children's Media Policy Coalition at the Subcommittee's hearing entitled "Advancing the DTV Transition, An Examination of the FCC's Media Bureau Proposal." I am Gloria Tristani, Managing Director of the Office of Communication of the United Church of Christ. The United Church of Christ is a mainline Protestant denomination of 1.4 million members in more than 6,000 churches, 30 colleges and institutions of higher education, 15 seminaries and more than 340 health and human service centers in every state and in Puerto Rico. I am also a former Federal Communications Commissioner, and served from November 3, 1997 to September 7, 2001. The Office of Communication (OC, Inc.) advocates for the public interest in media and communications before the courts and the FCC. Throughout the years OC., Inc. has advocated for those historically excluded from the media, especially women and people of color, for equal employment opportunity rules in broadcasting and cable, for minimum hours of children's educational and informational programming and for other public interest obligations. OC, Inc. is a member of the Public Interest, Public Airwaves Coalition. (List of Public Interest Coalition members attached as Exhibit 1). This Coalition, an alliance of public interest groups, media activists and grassroots organizations, is urging the Federal Communications Commission (FCC) and the Congress to take advantage of the transition to digital to reestablish meaningful public interest obligations for America's television broadcasters. I am also testifying on behalf of the Children's Media Policy Coalition and as a Board member of Children Now, itself a member of the Children's Coalition. (List of Children's Coalition members attached as Exhibit 2). The Children's Coalition is dedicated to improve the media environment for children and is currently urging the FCC to ensure that broadcasters meet their public interest obligations to children and their families in the digital age. The Ferree Plan The Committee has asked for comment on the FCC Media Bureau's proposal to advance the digital transition, commonly referred to as the "Ferree" plan. This plan has been floated around by the FCC, discussed by the press and interested parties, but there is no written or definitive version publicly available. As understood, the purpose of the Ferree plan is to speed up the digital transition and free up the valuable analog spectrum held by the broadcasters. It would do so by counting anyone who has a DTV set, as well as those who have digital-to-analog converters and anyone with a cable or satellite set-top that can either "down covert" or pass-through a broadcaster's digital signal, towards the threshold "85% of the population who is capable of receiving a digital signal." It would also push back the conversion date to 2009. Many in the public interest community and the public safety community welcome any idea that might speed up the return of the valuable analog spectrum. But many are also concerned about the details and trade-offs that may be involved, including potential harm to consumers that still rely exclusively on over-the-air free television for their news, information, and entertainment. Both coalitions that I represent today, the Public Interest, Public Airwaves Coalition and the Children's Media Policy Coalition have not taken a position as Coalitions on the Ferree plan at this time, although many coalition members may have specific positions. Given the fact that the Ferree plan is still fluid, it is important that this Committee explore the answers to some of the following questions before it passes judgment on the merits of the plan. Does the plan comply with the law as written by Congress? Does the plan, by counting any consumer that receives cable and/or satellite, even though the consumer may down convert to analog, comply with the intent of the statute? Do the benefits of quickly freeing up the analog spectrum to the public safety community and consumers generally outweigh the harms to consumers that may be left in the dark, with outdated equipment and the need to invest in new equipment? If government mandates this sped up transition should government and industry or both, subsidize this new transition plan? And under any plan what provisions will be made for the consumers that rely exclusively on over-the-air free television? As a former FCC Commissioner that dealt with some of these issues, I know how critical it is to get as much information and discussion as possible before making major policy choices. And too often, the public looses out as evidenced the major consolidation that has occurred in radio and other media. While we appreciate the efforts by the FCC to propose ideas to advance and to address some of the mechanics of the digital transition we'd like to comment on what has been missing from this picture. And, that is, any discussion of the public interest in the digital age. The Public Interest The public interest is the foundation of broadcasting as we know it and Congress has repeatedly directed the FCC to ensure that the public interest is served. With the Children's Television Act, Congress of 1990 directed the FCC to ensure that children receive specifically-designed educational and informational programming under the current single analog channel. In the Telecommunications Act of 1996, Congress required that the FCC ensure that broadcasters fulfill obligations in the public interest. In December 1999, the FCC initiated various proceedings dealing with the public interest in the digital age - a Notice of Inquiry on the Public Interest Obligations generally, a Notice of Proposed Rulemaking on the Children's Public Interest Obligations and a Notice of Proposed Rulemaking on Disclosure. Almost four years later, the FCC has yet to act on any of these proceedings and to ensure that the American public -- children, families and citizens -- will meaningfully benefit from the digital transition. Yet, at the same time, the television industry stands ready and eager to use the government giveaway involving billion of dollars worth of digital broadcasting capacity. Both the Public Interest and Children's Coalitions believe that it is imperative that the FCC clearly define broadcasters' public interest obligations now and before the FCC reaches any decision on broadcasters' demands that it compel local cable operators to carry not just one, but all their digital program channels. While both Coalitions would like to see a successful transition to digital, it is imperative that the FCC first clearly define the broadcaster's public interest obligations so that the public knows what it is getting for its benefits. Both Coalitions have advocated for meaningful public interest obligations and have presented specific proposals and/or recommendations to the FCC on what the public interest should entail in the digital age. The Public Interest Coalition has also presented a specific proposal to improve broadcaster disclosure and reporting. Following is a brief discussion of the Public Interest, Public Airwaves Coalition "processing guideline" proposal; and the Children's Media Policy Coalition's recommendations. The Public Interest, Public Airwaves Coalition Proposal The Congress and the courts have repeatedly recognized that among the media broadcasting is unique. Under the current statutory regime broadcasters are the trustees of the public airwaves, and they have a statutory and fiduciary responsibility to serve the public interest. The Public Interest, Public Airwaves Coalition sees the digital transition - the moment when broadcasters stand poised to reap enormous profits from multicasting - as the critical opportunity to reestablish meaningful public interest obligations. The Coalition recognizes the television industry has changed significantly over the last twenty years. The Coalition also recognizes that the public interest is broad and requires that broadcasters air programming that serves the educational needs of children, Americans with Disabilities (i.e., closed captioning, video description, digital features that would provide for more access), underserved communities, and generally promote local and community programming and a diversity of viewpoints and voices. The Public Interest Coalition has focused on the core component of the public interest requirement - that broadcasters provide opportunities for citizens to become informed about local civic affairs and elections. Our proposal (attached as Exhibit 3) is in the form of a "processing guideline" to allow for expedited license renewal. The proposal seeks to ensure that broadcasters air a minimum of three (3) hours per week of local civic or electoral affairs programming on the most watched channel they operate, and also contains provisions addressing additional free over-the-air programming streams. The proposal requires that at least 50 percent of the local civil and electoral programming on the most watched channel be aired between 5:00 pm and 11:35 pm. And during the six (6) weeks prior to a general election, at least two hours of the three hour minimum shall be local electoral affairs programming, aired between the hours of 5:00 pm and 11:35 pm. Broadcasters may counter that they are already providing ample programming covering local civic and electoral affairs. Yet study after study shows that local civic and electoral affairs programming is woefully inadequate. According to a Lear Center study 56% of local newscasts that aired in the six weeks leading up to the 2002 midterm elections contained no mention of any campaign. What little coverage there was mostly focused on strategy and polls. And less than one quarter of all stories examined candidate issue positions. (See Broadcaster Public Interest Obligations: Local, Civic and Independently Produced Programming, Background Material List attached as Exhibit 4). An October 2003 Alliance for Better Campaign analysis of seven media markets found that, in a typical week, just 0.4 percent of television programming was devoted to local public affairs. This compared with 14.4 percent in paid programming (home shopping or infomercials), 9.9 percent in reality or game shows, and 7.9 percent in sporting events. Also, most of the local public affairs programming aired on weekend mornings, not at times when the greatest number of people are watching television. (See Alliance for Better Campaigns website at www.ourairwaves.org). The proposal includes language to ensure access for independently produced programming. A licensee that is an affiliate of a national television network (ABC, CBS, NBC, FOX, UPN and WB) must air independently produced programming for at least 25 percent of the primary channel's prime time schedule. The proposal is crafted to balance the First Amendment rights of broadcasters and the First Amendment rights of the viewers, and allows broadcasters to retain editorial control while ensuring that the public receives a reasonable minimum of local civic and electoral discourse. Nonetheless, broadcasters may counter that this proposal is unconstitutional and infringes on their First Amendment rights. More than 70 years of legislation, regulation and court rulings argue against this. In the landmark court ruling, Red Lion v. FCC, 395 U.S. 367 (1969) (which was favorably cited in McConnell v. FEC, No. Slip Op. No. 02-1674 (Dec. 10,2003)), the Supreme Court held than when the government regulates access to the spectrum it must balance the First Amendment rights of broadcasters against the rights of the public, and that when these rights come into conflict, the rights of the public are "paramount." Children's Media Policy Coalition Recommendations The Children's Media Coalition, which is comprised of eight (8) children and children related advocacy groups, sees the digital transition as an opportunity to improve the media environment for children and to protect against any potential harm to children from the new and ever expanding digital interactive technologies. The Children's Media Coalition has made specific recommendations to the FCC including the following; 1) that broadcasters be required to provide educational/informational (E/I) programming in the digital age; 2) that it prohibit commercial web sites from being embedded in children's programming; and 3) that datacasting technology be used to help parents make informed decisions about the programs their children watch, including using datacasting to provide parents with ratings information throughout the length of any given program and to help find educational programming. (See Children Now Spring 2004 Newsletter on Digital Television available at www.childrennow.org). Despite the amount of time children spend watching television, they still have limited options for educational programming. Numerous research studies show that exposure to educational television has positive effects on the social, intellectual and educational development of young children. In the current world, broadcasters are required to air three (3) hours of educational/informational (E/I) programming per week between the hours of 7:00 am and 10:00 pm as part of their station licensing renewal guidelines. This amounts to about three (3) percent of their total broadcasting. In the digital world, broadcasters will have the potential to multicast up to six (6) channel streams which should translate into a minimum digital children's hour requirement of three (3) percent of the time broadcast over all a broadcasters channel streams. This proportional rule would offer a minimum guarantee of programming for children, while at the same time giving broadcasters the flexibility to determine how to meet their educational programming obligation. Already advertisers are trying new ways to reach consumers including using interactive advertising technologies to target children. Young children, however, inherently lack the reasoning ability to understand that advertising may be biased and exaggerated. The vulnerability of children to commercial persuasion, coupled with innovations by advertisers to reach child consumers, raise serious concerns about the marketing methods that may be employed on digital television. Advertisers are using interactive media, specifically the Internet, to entice child customers. Many companies are using a new type of marketing, known as "advergaming," which encourages children to play Internet games. Advergames are often found on Web sites of popular products or video games. Some advergames permit advertisers to monitor players without their knowledge, providing advertisers information about the length of time child consumers are online and what choices they make while playing. Advocates are concerned that this new technology will be used to track the viewing habits and interest of viewers without their knowledge or consent. In an interactive television environment, advertisers will be able to target children according to their gender, age, household income and/or race, tracking the history of their individual viewing habits. The FCC should prohibit commercial web site links from being embedded in children's programming. To further protect children, The Children's Online Privacy and Protection Act should be incorporated into the digital television transition. One of the potential benefits of the digital television is that it could be used to better inform parents about programs their children watch. The TV ratings system have had limited success in helping parents control their children's viewing habits because often parents do not understand how it works. With datacasting technology, a program's rating could be shown throughout the length of a program. The FCC should require that datacasting be used to provide parents with ratings and other useful information to help parents guide their children's television viewing. The FCC should also mandate an "open V-chip system, which would allow a broader range of ratings to be supported by digital television sets. An "open" system could help parents proactively find educational programming. In Conclusion Before the FCC makes any new decisions on the digital transition, whether it is the adoption of a Ferree type proposal or the carriage rights of digital broadcasters, it must clearly define the public interest obligations of broadcasters in the digital age. The public deserves to know what benefits it will get from the digital largesse that has been gifted to the broadcasters. That benefit should include reasonable minimums of local civic and electoral discourse as described in the Public Interest Proposal; and for children, commensurate amounts of educational and informational programming, a prohibition of commercial website links embedded in children's programming and incorporation of children's privacy protections, and, the use of datacasting to provide enhanced and better information for parents about programs their children watch. The public should not miss out on this unique opportunity to benefit from the new digital age. Related Documents |
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