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What's at stake when consumers take action against bad policy?  In June 2004, the public interest community learned just what, as millions of consumers joined media activists and some unlikely allies in calling for a rejection of further broadcast media deregulation and consolidation.  And it worked: a federal appeals court rejected FCC rules that would have allowed a new wave of consolidations.  Despite attempts to appeal the decision, the court ruling stands.

Prometheus Radio Project v. FCC

The Third Circuit Court of Appeals’ decision, in Prometheus Radio Project v. FCC was a major win for media diversity and a democratic society.  (Prometheus Radio Project is a Philadelphia-based group advocating for community radio stations and better use of the public airwaves.)  The ruling (PDF) placed the public interest above the bottom lines of giant media corporations.  The court rejected FCC rules that would have allowed one company to own three television stations, eight radio stations and the monopoly newspaper in a single market. The court also squarely placed the burden on the FCC to show why the existing media ownership rules should be relaxed or removed.

Media conglomerates pushed for an appeal of the decision, but the public interest prevailed.  In January 2005, the Department of Justice announced that it would not appeal the Third Circuit’s ruling.  And when, in June 2005, the Supreme Court announced that it would not hear the case, the message was clear:  the FCC would have to go back to the drawing board, either to provide a better basis for changing the rules, or rewrite the rules entirely.

The Media Access Project has written a synopsis of this decision. Consumers Union and Consumer Federation of America supported the plaintiffs in the case and helped present the consumer perspective before the court in a brief (PDF) and reply brief (PDF). 

Diverse Groups Fought the FCC Rules

A revealing example of the importance of the battle for media reform is the diversity of groups that have allied in this fight.  Allies included conservatives, liberals, clergy, journalists, broadcasters, newspaper publishers — even media mogul Ted Turner.

Organizations like the Communications Workers of America, Writers Guild, East, National Organization for Women, the National Council of Churches, Common Cause, Free Press, and the Leadership Conference on Civil Rights banded together to reject the FCC's relaxation of media ownership rules.  You can find a thorough listing of organizations involved in this issue by downloading the Media Policy Action Directory.

As exciting as this victory has been, the battle to prevent further media consolidation is far from over.  As the FCC rewrites the rules it will be critical that consumers keep up the pressure to ensure that the new rules respect the core values of diversity, localism and competition.

As you've read, consumers are not alone in this fight.  Many members of Congress, from both sides of the aisle, have also been fighting the rule changes. Their tireless efforts are captured in the timeline that is part of the History of media ownership.

 

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