Turn back the FCC

The Federal Communications Commission's decision to increase media consolidation is an inexcusable assault against an independent press and democracy.

The new rule, approved by a 3-2 partisan vote, makes possible a frightening level of consolidation in every media market in the country. This is terrible public policy waiting to be overturned by Congress, which 25 senators have already pledged to do. FCC Chairman Kevin Martin's bad proposal was made worse with some last-minute, conglomerate-pleasing add-ons. The initial plan permitted a company to own a newspaper and broadcast outlet in a market as long as there are at least eight media outlets in the market. If the combination includes a television station, that station cannot be among the top four in that market, unless the FCC grants a waiver to a company that does not meet the criteria.

The additional language Martin revealed to the other commissioners Monday night and Tuesday morning makes way for unobstructed media consolidation in all markets.

Forty-two waivers for a newspaper/television station combination were made permanent. Of that number, 36 were for grandfathered waivers, but six went to temporary waivers in cities such as Phoenix and Tampa.

Those are cities where two, longtime advocates for cross-ownership, Gannett and Media General, are running newspapers and television stations under temporary waivers.

Companies seeking waivers outside the top 20 markets will have to prove the merger is in the public interest. That's not encouraging considering the FCC's track record of being liberal with waivers.

The American press was created to be a check against political and judicial power. Tuesday's FCC vote cracks a corner of democracy's foundation.

This rule change was not wanted or needed. Media consolidation is not the remedy to any real or perceived ills that afflict the press. What is needed are laws that encourage an independent press and turn back the consolidation that has occurred during the past 40 years.

The public, Congress and the courts must right the colossal damage wrought by the FCC.