06/21/03 Senate Committee Overturns FCC Media Ownership Rule

[admin]

A Senate Committee voted to overturn the controversial SEC rule that would allow a company which owns TV stations to increase the number of households it reaches from 35% to 45%.

The bill faces an uncertain fate in both the Senate and the House.

Those who oppose the rule should invoke the Data Quality Act to stop the rule. It is a much faster way to obtain relief and probably provide a better chance of winning in court.

Contact the Center for Regulatory Effectiveness, comments@theCRE.com for more information on the Data Quality Act, or call them at 202-265-2383

Read press coverage:

http://www.ksdk.com/news/news_article_lc.asp?storyid=42622

[johnshaw]

>>Those who oppose the rule should invoke the Data Quality Act
to stop the rule. It is a much faster way to obtain relief and probably provide a better chance of winning in court.<<

Were there any problems of data quality involved in the rulemaking?

I haven't seen the actual report and order yet, only summaries. I am looking forward to reading the actual R&O if and when I can get a chance. (I have been told that its hasn't been completely written yet).

It would seem to me that a Congressional reversal of the order would be more final than a Data Quality challange or a court challange.

[admin]

The FCC rule has broken some new ground in terms of the types of analyses used to support the rule, including e.g.., the diversity index. All of these analyses are subject to the Data Quality Act.

The best way to kill this rule is to enact an unambiguous law which reverses it. However, such an outcome is far from certain.
Such a reversal is questionable in the full Senate and unlikely in the House. This uncertainty coupled with the concern that given the division of opinion over the rule it is not clear that the Congress would act in an unambiguous manner.

Consequently, why not try both?

Let the Congressional approach continue, but begin to analyze the rule to determine if it complies with the Data Quality Act. However, some feel that it is better to let the Congressional debate run its course before acting.

The problem with such a strategy is that the Congress could be very helpful in getting a Data Quality petition adopted by the Executive Branch and it may loose its interest in the matter after one defeat.

Opponents of the FCC rule should make the aforementioned strategy known to key opinion-makers in Washington. It is unlikely that they are aware of this opportunity because of the nerd like virtues of the Data Quality Act.


Jim Tozzi