Political File Rule Faces Tight Time Frame
There’s little leeway in the timing of the FCC’s recently adopted political file rule if it’s to be in place in time for the 2012 general election, industry officials who opposed the order and public-interest officials who backed it told us. The rule would require TV stations affiliated with the Big Four broadcast networks in the top-50 markets to post on a website run by the commission their political file information, including who’s buying airtime at government-mandated rates. The NAB has already asked a court to review the decision and the Office of Management and Budget (OMB) must sign off on it before it takes effect.
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A new potential delay surfaced in Congress. A measure was introduced during a markup of a House Appropriations subcommittee that would bar the commission from using funds to enforce the rule or run the online database of political files, according to several sources. The markup wasn’t webcast. Rep. Jo Ann Emerson, R-Mo., didn’t introduce the measure as media reports said, a spokeswoman for the House Appropriations Committee told us. It was a product of the subcommittee itself that’s led by Emerson, the aide said.
Presuming the rule proceeds through OMB’s Paperwork Reduction Act (PRA) review on a time frame that’s most favorable to the FCC, it would still only become effective just as the lowest unit cost period for political ads kicks in 60 days before a general election. The rules don’t take effect until 30 days after the commission publishes a Federal Register notice that it received OMB approval. Industry comments on the rule’s PRA compliance are due to the FCC June 11; then the OMB will conduct its own review of and solicit comments, a process that will take at least 30 days, a broadcast attorney said. The rules were very consistent with the Obama administration’s goal of modernizing public access to data, said Corie Wright, Free Press senior policy counsel. “I don’t think that is going to provide a significant hurdle."
If OMB approves the rule, it may prompt broadcasters to seek a stay both at the agency and at a federal appeals court, the broadcast attorney said. NAB has appealed the order at the U.S. Court of Appeals for the D.C. Circuit but has not sought a stay. “In general, the likelihood of getting a stay is close to zero,” the attorney said. “The deck is clearly stacked in favor of the agency,” but broadcasters could win a delay if they persuade the court they're likely to win on the merits of the appeal, the lawyer said.
Free Press emailed members Wednesday after the House Appropriations Financial Services Subcommittee approved a draft bill that would strip the commission of the power to enforce its online political file rule. The provision would mandate that “None of the funds made available in this Act may be used to implement, administer, or enforce the Second Report and Order adopted by the Federal Communications Commission on April 27, 2012 (FCC 12-44), insofar as such Second Report and Order relates to making available on the Commission’s website of the political file of a television station licensee or applicant.” The provision survived a challenge during the subcommittee’s markup of the bill. To become law, the full committee plus the full House and Senate must sign off on it.
Free Press urged supporters to sign a petition asking members of Congress to block the measure. “Voters have the right to know who is trying to influence their Election Day Choice,” the petition said. “Please put people before broadcast lobbyists and oppose this budget provision.”