FCC FORCED TO DELAY BROADCAST-NEWSPAPER OWNERSHIP RULEMAKING
Even though majority of FCC commissioners appeared willing to open rulemaking on eliminating broadcast-newspaper cross-ownership rules, FCC was forced to withdraw item from Thurs. agenda because majority couldn’t agree on text of rulemaking, we're told. FCC spokesman would say only that item wasn’t ready for final action. Action almost certainly means broadcast-newspaper cross-ownership rulemaking won’t be started until after new commissioners take office, officials inside and outside agency said.
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Main dispute was between Comrs. Furchtgott-Roth and Tristani, both of whom were prepared to vote against rulemaking, officials said. Tristani reportedly was unwilling to accept any textual language that would indicate willingness to ease cross-ownership restrictions. Furchtgott-Roth reportedly was equally unwilling to accept any language that might indicate there was justification for keeping restrictions. “There was simply no consensus on how the document should be drafted,” one person involved in process said.
Chmn. Powell has indicated he’s skeptical about keeping restrictions and was willing to begin rulemaking (CD April 6 p1), and Comr. Ness reportedly was willing to at least start rulemaking, although one official said she also was pressing for “concessions.”
Such heated disputes over notices of proposed rulemakings (NPRM) are “rare,” one official said, since notices only begin process of asking questions about issue, and actual decision would come in later vote. However, NPRM “sets the tone” for final action with questions it asks, official said, and disputes over language become “a matter of conviction and principle.” One official suggested they were willing to hold up rulemaking because it could be as little as one month before new commissioners would be in place, but others said delay could be longer because it would take some time for new commissioners to become fully informed on issues.