Money Wins at the FCC
What media consolidation means for Hawai‘i

Beverly Keever

July 23 , 2003


     “I was stunned to learn that a single person or entity could potentially own two television stations, eight radio stations, a daily newspaper and a cable system in Honolulu,” said U.S. Senator Dan Inouye. “This level of concentration is certainly not in the public interest.”
     Inouye, a member of the Senate Commerce Committee that oversees the Federal Communications Commission (FCC), scrutinized its preliminary rule changes announced on June 2 and made a studied calculation of what the media landscape in Hawai‘i might look like after the changes in broadcast ownership rules announced by the FCC.
     He didn’t like what he saw.
     The new rules could affect Hawai‘i more profoundly than other states because of its unique, geographic isolation and its smaller market. Hawai‘i is the only state designated as one media market by the FCC.
     Half-jokingly, Wayne Cahill, administrative officer of the Hawai‘i Newspaper Guild, predicted that The Honolulu Advertiser’s parent company of Gannett will own two-thirds of the television stations in the state and the Honolulu Star-Bulletin will own the rest. (Before the rule changes, a newspaper generally could not own a broadcast station in the same market but the trade association representing the nation’s top newspapers lobbied hard to get that ban lifted.)
     The Advertiser isn’t considering any expansion, said general manager Dennis Francis. [Editors’ note: Perhaps not in broadcasting, as the Weekly pointed out last week, Gannett has already acquired 22 publications in Hawai‘i.] The Advertiser is owned by Gannett, the nation’s largest chain of daily newspapers. Gannett also operates 22 U.S. television stations in different markets, owns more than 400 nondaily publications in the U.S. and is an Internet leader. Gannett wanted the FCC’s cross-ownership ban lifted.
     Besides erasing the cross-media ownership ban, the new FCC rules permit companies to own more television stations in major markets. The 257-page FCC order says that the changes serve its public interest goals and take account of and protect “the vibrant media marketplace.”
     Ironically, a newspaper’s moving into broadcasting here would roll back the clock to the 1920s when Honolulu dailies raced to radio broadcasting, and in the 1950s when they helped to bring in television.
    
40-Years of ‘Media Omnipresence’
     The FCC’s rule changes mark a major turning point in an industry that has increasingly shaped U.S. culture and society. In 1963 the three major networks increased their 15-minute nightly newscasts to 30-minutes and inaugurated what sociologist Michael Schudson describes as a “media omnipresence” that reaches from the White House to your house, and that has led to the “newsification of popular culture.”
     This media omnipresence has brought a fragmentation of content, and an economic concentration of media ownership that controls that content. In the early 1990s, legendary media scholar Ben Bagdikian observed, “a small number of the country’s largest industrial corporations have acquired more public communication — including ownership of the news, than any private businesses have ever possessed in world history.” Paralleling this unprecedented media power, he said, “confidence in the news dropped from a high of 55 percent in 1988 to 20 percent in 1993.” This media power also paralleled a dumbing-down of the news, with less coverage of government and the corporate power structure.
    
Case: ‘A Grassroots Uprising’
     In the eight months Ed Case has served in the U.S. House of Representatives, he fielded such tough issues as the war on Iraq, tax cuts and drilling in the Arctic National Wildlife Preserve. But, referring to the FCC changes, the congressman said, “This one is at the top of the list.”
     The issue is complex, “yet people get it on a gut level.” Thumping his desk overlooking Honolulu Harbor, he elaborated: “They are scared of the loss of information and they should be scared. And they are scared about the loss of public discourse and their ability to sit in their homes or in their cars and reach their own conclusions.”
     Estimating he has received hundreds of letters on this issue in the two months prior to the ruling, he thinks these numbers typify the rest of the country: “That’s a grassroots uprising. And grassroots uprisings can, in fact, reverse congressional intent.”
     Case’s description is consonant with news reports that said more than a million letters, phone calls and e-mails were received in Washington from groups as diverse as the National Rifle Association and the feisty MoveOn.org: Ninety-nine percent of the feedback opposed the FCC proposed rule changes.
     This million-strong uprising included input from the Hawai‘i chapter of the Society of Professional Journalists, the Honolulu Community-Media Council (HCMC) and Akakü, Maui’s community television. HCMC president Moya Davenport Gray explained, “We made the point that consolidation of media ownership eliminates diversity of information, thought and opinion, all of which are critical to Hawai‘i’s democratic community.”
    
Curbing Quality News and Discourse
     “Democracy thrives on information and discourse,” Case said. This information and discourse occurs in the modern media and is facilitated by a strong media. But, he warned, “I have no doubt that some people in our country would like to control the media in order to control the information and in order to control the discourse.” The FCC rule changes “will accelerate a very negative development in our democracy,” and the “overall effect is just the diminution in overall information available and in discourse on the information.”
     Locally, Case foresees fewer financial resources and personnel devoted to local news reporting and analysis. “That’s dangerous when you go in that direction,” he said. “That’s already happened over the last five, 10 years.”
     Others agree. “Larger newspaper chains, because of corporate pressures, have cut costs in a number of newsrooms; jobs are being trimmed and sometimes axed,” said Linda Foley, president of the National Newspaper Guild-Communication Workers of America.
     The quality of news content is also reduced by other factors. University of Hawai‘i journalism professor Ann Auman, who has researched the transformed role of copy editors in newsrooms nationally, explains that editors have less time for editing. Technology has made it possible for newspapers to eliminate “back shop” jobs such as paste-up and proofreading and add these to copy editors’ increasing number of duties. Auman noted, “Copy editor is a strange job title for someone who has so little time to edit stories and write headlines.”
    
Shutting out Public Input
     As explosive as the potential outcomes of the rule changes, is the process through which they were decided. The FCC had announced general topics on which it invited public comments, but the U.S. Small Business administration complained the notice was too vague to comply with administrative procedures.
     Inouye said, “I was very disappointed that the public was not given an opportunity to review and comment on specific rule changes prior to their adoption.”
     Case joined other legislators in complaining to the FCC that it had cut short public input.
     HCMC’s Gray echoed this criticism. She argued that permitting a major agency that has a significant impact on American society, and that is run by only five politically appointed commissioners, to adopt a rule without its first being presented to the public for comment is “democracy gone amok.” Without the public’s full participation, the FCC is making “secret law,” she said.
    
Emerging Partisan Battleground
     The media landscape far and near is being carved out by partisan combatants in Washington, D.C. The rule changes were approved by the three Republican FCC commissioners over strong dissents from the two Democrats. Partisanship is carrying over to Congress, Case said, with most Democrats opposing the FCC’s changes.
     “This is a partisan issue because the Republican Party is particularly obligated to the large business sector primarily, including large media companies, and because they are just in general focused on a free market, less regulatory environment, including in the media.”
     Legislation to rollback some or all of the rule changes is pending in both houses, including S1046, HR2052, HR2212, HR2462. (See sidebar.) Case foresees “a very hard, uphill battle” in the House where FCC matters are assigned to the Energy and Commerce Committee. Its chair, Louisiana Rep. Billy Tauzin, has publicly stated support for the FCC’s changes and opposes any rollback.
     Some moderate Republicans oppose the changes, Case observed, but on critical votes they usually lockstep with their leadership. House Republicans outnumber the Democrats 229 to 205, with one independent. But on July 16, the House Appropriations Committee voted to pass the money bill blocking FCC funding. Eleven of the 36 Republican committee members broke ranks with their party and joined 29 Democrats to approve the measure by a 40-25 margin.
     To accelerate the grassroots uprising and to compete with the “large-money interests” that lobby Congress, Case advises coordinated action and centralized sharing of resources of like-minded organizations and individuals to bombard selected House Republicans and the president with their views (see box). An example of such big-money interests, he explained, is the pharmaceutical companies and Medicare specialists with about 600 paid, registered lobbyists, all targeting their coordinated efforts on about 20 pivotal members of Congress. Then, referring to the lobbying to gain and retain the FCC rule changes, he said, “That scope of effort” is basically “what’s going on here too.”
     He urged Democratic presidential candidates to make a campaign issue of the rule-change controversy “because people care about this.”
    
Hawai‘i’s Dual Duopolies
     How will the FCC’s rule changes impact Hawai‘i’s duopolies? Hawai‘i has two. (Duopoly is FCC jargon for one company owning two television stations in the same market.) One duopoly is KHNL and KFVE, owned by Raycom Media based in Alabama. The second and perhaps more significant is the Indiana-based Emmis Communications Corp., which owns and operates top-ranked KHON-TV Fox 2 and CBS affiliate KGMB-TV 9, Hawai‘i’s oldest stations.
     The rule changes left untouched the existing ban on one company’s owning two of the top four-ranked stations in certain markets but they re-categorized how market size will be determined and they expanded the conditions under which waivers could be granted.
     An early casualty of the Emmis duopoly is Jerry Drelling, KGMB’s former 14-year anchor-cum-investigative reporter. In a telephone interview from San Francisco, he said he was told his contract was not renewed in March 2001 because Emmis had paid too much for KGMB and needed to cut expenses. With the rule changes, Drelling sees more veteran reporters being let go, replaced by less experienced ones and more sharing of station resources so that the community will suffer because the result will be “look-alike news.”
     Unknowingly, Emmis is a microcosm of media ownership concentration that is propelling the grassroots uprising. Since 1980, Emmis — the Hebrew word for “truth” — has become the nation’s sixth-largest radio group, owning and operating 18 FM and three AM radio stations and two Indiana-based radio networks. Internationally, it owns controlling interests in the No. 1 radio network in Hungary and in two stations in Buenos Aires, according to its latest annual report filed with the Securities and Exchange Commission (SEC). Emmis also owns 16 television stations and six magazine publishing operations. In 1994, it went public, and trades on the Nasdaq as EMMS. Next year it expects to finalize its purchase of controlling interests in six Austin radio stations.
     Emmis acquired KGMB and its two satellite stations in Wailuku and Hilo when it bought a string of eight stations from Lee Enterprises in October 2000. The FCC granted a temporary waiver of the duopoly rule but ordered the divestiture of one station before April 1, 2001. That deadline was extended a year. In May 2002, Emmis asked the SEC that the divestiture requirement be held up pending the outcome of the FCC’s 2003 rules review. That request was opposed by an unidentified Honolulu broadcaster and two local public-interest groups. The FCC took no action.
     Rick Blangiardi, who manages both KHON and KGMB, is very interested in what the FCC will decide about Hawai‘i’s top duopoly in light of its new rules. As senior vice president locally, he concedes he is probably unique in being the nation’s only manager of two flagship affiliates for CBS and Fox in one market. Like Emmis, he unknowingly perches at the center of the grassroots uprising: one executive making strategic decisions that determine the news and local programming of two of the top-ranked, supposed-to-be competing stations in the same market.
     “This is going to be a very complicated legal issue,” Blangiardi explained. He awaits the FCC’s decision on Emmis’ petition to delay divestiture, which “could take weeks or even months.”
     Hopeful his duopoly is permitted to continue, Blangiardi foresees KHON and KGMB as two distinctly separate stations, linked by high-speed fiber optics and both continuing their network affiliations.
    
No Fat Cats Here
     Despite Drelling’s being an early victim of cost-cutting by Emmis, Blangiardi said that since he began a year ago, he has resisted cutting employees for economic, as distinct from merit, reasons, and is now taking steps to beef up the news operations at both stations. He has hired a new news director, recruited reporters, acquired top-level producers and is “in process of hiring a strong male anchor, actually a couple of them, for KGMB.” He is planning to do more local specials such as ones with Governor Lingle and about Kapi‘olani Park.
     It is “very challenging” to run “a first-class news operation,” he said, because the market here has for the last 20 years “really teeter-tottered at or about the same revenue numbers for all that time and by any definition that’s really a train wreck. That’s flat growth.”
     Noticing a visitor’s eyeing KHON’s posh offices flaunting cathedral-like atriums and dark-paneled walls, he hastily interjected, “It’s very deceptive to look at this building and this facility and think we’re a bunch of fat cats, because that’s not the case.”
     Beyond newspapers and television, the greatest concentration of media ownership nationally and in Hawai‘i is occurring in radio. Pending now before the FCC is the approval needed for the Pacific Media Group, which owns six radio stations on Maui, to finalize its April purchase of four additional stations (KLEO in Kona and KKBG, KHLO and KKOA in Hilo), according to group president and CEO Chuck Bergson.
    
S.O.S: From Honolulu to Seattle
     More than just reacting to national developments, Hawai‘i has also served as a guide for other localities resisting media ownership concentration. A group called Save-Our-Star-Bulletin (SOS) joined the state in 1999 in a lawsuit that blocked the closing of the Honolulu Star-Bulletin after it had profited for decades from a Joint Operating Agreement, an exemption from U.S. anti-trust laws. That resistance has “absolutely” shown the way for others in Seattle to prevent closure of the Post-Intelligencer, Foley explained, adding, “The people of Honolulu really rallied around the concept of two newspapers.”
     In Seattle a SOS-styled group has blossomed, calling itself the Committee for a Two-Newspaper Town. Echoing sentiments similar to those expressed earlier in Honolulu, the group argues on its Web site: “One less newspaper means one less public watchdog keeping an eye on government.”
     The FCC’s rule changes came at a time when criticism of the news media is at an all-time high, from both ends of the political spectrum and from within the profession itself. These are fueled nationally by the Jayson Blair scandal at by The New York Times, by misgivings about coverage of the war on Iraq and locally by KITV’s ethical breach of accepting freebie trips to Japan with Lingle for a reporter and a cameraman.
     Even so, despite static wages, more demands and, often greater dangers, journalists produce some excellent articles that provide, for most U.S. citizens, their only window on an increasingly filtered world.

Beverly Keever is a journalism professor at UH Mänoa, a member of the Society of Professional Journalists and of the Honolulu Community-Media Council.

 

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     Contact information

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     Read Pending Legislation
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     Hawai‘i Delegation, District Offices
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     Senator Daniel Akaka
     Phone: 522-8970
     Fax: 545-4683
     senator@akaka.senate.gov

     Senator Daniel Inouye
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     Representative Neil Abercrombie
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     neil.abercrombie@mail.house.gov

     Representative Ed Case
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