Black Citizens for a Fair Media, et al., believe that the Commissionþs newspaper/radio cross-ownership restriction, and the relatively strict waiver policy currently enforced, serve the public interest well and continue to be the most effective way to protect diversity of viewpoint in local markets. While we do not oppose the Commission adopting an objective waiver standard, we recognize that the recent elimination of national ownership limits for radio and the ensuing trend toward consolidation and concentration of ownership place the diversity values that the rule protects at risk. Therefore, strict application of the cross-ownership restriction is more important than ever. Equally important is our concern that any substantial relaxation of the newspaper/radio cross-ownership waiver policy will increase market entry barriers for small businesses, especially those owned by minorities and women.
Assuming that the Commission decides to adopt a presumptive waiver policy, it should maintain a strong presumption against granting waivers. Commenters propose an objective standard that would only permit waivers of the newspaper/radio cross-ownership rule in the most competitively robust and diverse markets. We urge the Commission to adopt a market rank/independent voice standard, place limits on the number of cross-owned properties a licensee can own, and condition waivers on the licenseeþs promise of specific and quantifiable public interest benefits. Specifically, under our proposed waiver policy a waiver would only be granted if:
(a) Market rank/independent voice: The waiver is sought in one of the top 25 markets, and if it were granted, 30 independently-owned and controlled broadcast voices would remain in the market; and
(b) Ownership limit: Post-waiver, the licensee would own no more than one AM station, one FM station, and one daily newspaper in any local market; and
(c) Offsetting benefits: The waiver applicant has demonstrated specific and quantifiable public interest benefits that would offset the loss of diversity and the Commission has affirmatively determined that the loss of diversity will likely be offset.
We believe that our proposed waiver standard will be easy to administer, will allow the FCC to distinguish meritorious waiver requests, and will protect local diversity of viewpoints.