Issues
Broadcasting & FCC Licensee Obligations
DBS Public Interest Obligations
The 1992 Cable Act and the FCC's rules treat DBS operators almost identically to terrestrial television broadcasters. DBS operators must comply with the same political programming rules that apply to terrestrial television broadcasters. In addition, they must set aside spectrum for non-commercial broadcasting, similar to the set asides in cable television and for public broadcasting.
Overview of DBS Public Interest Obligations
Although four years of litigation delayed implementation (in Time
Warner Communications v. FCC), the FCC adopted rules implementing the public interest obligations of Direct Broadcast Satellite (DBS) operators on November 30, 1998. The law requires DBS operators to comply with the basic political programming laws rules that are applicable to terrestrial radio and television broadcasters. In addition, the obligations require between 4 and 7 percent of DBS capacity to be set aside for public interest programming.
Specifically, Section 25 of the 1992 Cable Act, has two parts which state:
Section 25(a) directs the FCC to adopt public interest obligations for DBS providers, which, at a minimum must include "reasonable access" for federal candidates and "equal time" for all political candidates. These rules are similar and related to the rules that currently apply to terrestrial radio and television broadcasters.
Section 25(b) requires DBS providers to reserve channel capacity for noncommercial educational and informational programming.
MAP's summary of the order, and the FCC's order are available.
MAP's Successes
MAP's significant achievements in this docket include the FCC's adoption of a one-channel limit for each noncommercial broadcaster assigned a channel on the set-aside. This means that no programmer can dominate the set-aside by obtaining more than one of these scarce channels. This rule will therefore increase the diversity of voices on the set-aside. Unfortunately, contrary to MAP's advocacy, the FCC placed total control in the hands of the DBS operators to select the programmers who appear on these channels. Commissioner Tristani issued an informed dissent to this aspect of the decision.
For a more detailed critique of the FCC's decision, see MAP's Petition for Reconsideration, Opposition, and its legal memorandum explaining why this is inconsistent with the 1992 Cable Act. Despite these setbacks, today DBS operators offer a new wealth of noncommercial channels to the public, many of them voices that would never get nationwide distribution without MAP's advocacy. For examples of the set-aside channels, please visit WorldLink TV and FreeSpeechTV.
Difficulties in Implementing the Statute and the FCC's Rules
In August 1999 ADEC, a non-commercial programmer, challenged Echostar's pricing policies and another decision that would have made it impossible for a large majority of Echostar customers to receive the set-aside channels. As a result of ADEC's filing, the FCC required Echostar to allow all of its customers to receive the set-aside channels. See ADEC Complaint Order and FCC Order Affirming ADEC Complaint Order.
Unfortunately, Echostar did not select ADEC to appear on its system, and the FCC dismissed Echostar's pricing complaint as moot. The complete discretion of DBS operators to select programmers to appear on the set-aside makes programmers vulnerable to DBS operators.
In December 1999, Echostar sought a last-minute deferral of its obligations. MAP filed a letter at the FCC opposing Echostar's request. The FCC not only rejected this deferral, but also fined Echostar for its failure to comply with the deadline in a timely manner and its last-minute request to delay its compliance.
Relationship to the Echostar/DirecTV Merger
In December 2001, the two remaining major DBS providers, Echostar and DirecTV announced they intend to merge. Without safeguards this merger will weaken DBS operators public interest obligations. Media Access Project and Consumer's Union raised implementation of the noncommercial set-aside in its comments on the Echostar/DirecTV merger
MAP Filings and Statements
Relevant FCC Orders
News Stories:
Other Links and Resources
DBS operators:
Two examples of many set-aside channels:
FCC Division Responsible for Implementation of these rules:
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