FCC decision to allow PTV stations to solicit ads on their excess...

Media (ACM) sought review and overturn of decision on grounds that it violated Communications Act and was “arbitrary and capricious and an abuse of discretion.” Petitioners also sought review of Commission decision to permit PTV stations to offer subscription services on their digital channels. FCC order that made distinction between broadcast service and subscription service violated plain language of statute, MAP Assoc. Dir. Harold Feld said. He conceded PTV stations weren’t receiving support they “require or deserve” from Congress and they were “obviously looking for ways to support DTV transition.” But that solution threatens very soul of PTV, which is supposed to operate differently from commercial TV, he said. Feld said that although PTV stations might start out with noblest of goals, as revenue streams from ads become indispensable “they will continue to pursue it aggressively to the detriment of other programming.” PTV gets spectrum free and enjoys exemptions from various requirements for offering noncommercial educational services, he said, and if they took programming based on ad model, there would be no room for many local and community programmers and independent documentary makers. “There is a real need for us to preserve the public interest in the spectrum,” ACM Exec. Dir. Bunnie Riedel said. It’s “dangerous” for PTV to become commercial entity, she said, because ultimately it will end up losing govt. support. Besides, spectrum “doesn’t belong to PBS or CPB but the people,” Riedel said. Congress “time and again” has called for public-private partnership to create next generation of digital education content, APTS Pres. John Lawson said, and that’s what FCC had asked PTV to pursue on some of its digital spectrum. He said FCC decision was “very well reasoned and tight and we believe that the courts will uphold it.” Lawson said legal action was “sad waste of resources by groups that are supposed to represent the public interest.”