Brent Skorup
Brent Skorup
The Federal Communications Commission (FCC) has been covertly and overtly regulating media content and media distributors since the agency was created in 1934. Namely, broadcast licenses and media mergers—like transactions involving satellite and Internet access companies—have been contested and litigated. There’s no escaping that media distribution and operation is political, and, ideally, Congress would eliminate some of its unclear media laws.
In the meantime, incoming FCC Chairman Brendan Carr and the other commissioners have some authority to minimize the secret government pressure on media companies and protect the free speech norms that Americans value.
Eliminate the News Distortion Rule and Other Legacy Content Rules for Media
Broadcasters today have largely learned to live with their content restrictions but the FCC should eliminate its legacy content rules. One priority should be to eliminate the news distortion rule. Uncodified and largely overlooked, the FCC rule against news distortion threatens a broadcaster’s ability to renew or transfer its license if the licensee is deemed to have deliberately engaged in news distortion, staging, or slanting. The FCC reaffirmed its commitment to enforce the news distortion rule several times, including in the summer of 2024.
There’s a precedent for refusing to enforce speech-chilling rules. The FCC formulated and enforced the notorious Fairness Doctrine from 1949 until the 1980s. But in 1985, the FCC voted 4–0 to not enforce the rule against a station, in part because of First Amendment concerns. The Fairness Doctrine slowly withered away after being weaponized and enforced for decades.
Stop Coercing Media Companies During Media and Telecom Mergers
Media and telecom companies must get the agency’s “public interest” blessing before a merger can be completed. This requirement for FCC permission and the agency’s vague, multifactor “public interest” standard gives the agency immense power over merging companies. As my friend and former FCC associate general counsel, » Read More
https://www.cato.org/blog/preventing-reversing-fcc-interference-telecom-media-agenda-policymakers