Other documents from today’s media briefing:
Media Release

FCC Permit but Disclose Order

Raycom and partners have said that they will not appeal this ruling.

A Dec 18 letter from the FCC stating that they found no grounds for the broadcast parties complaint that the MCH had improperly solicited Abercrombie’s letter of concern to the FCC.

The reply by the broadcast parties to our Dec 7 filing asking for all redacted information to be public.

The FCC’s letter to the broadcasters informing them that Rick Daysog of the Honolulu Advertiser filed a FOIA request for the redacted financials. The broadcasters have 10 days from the date of this letter to respond, otherwise the FCC will release the material.
]]> http://mediacouncil.org/wp/2010/01/more-fcc-resources-posted/feed/ 0 http://mediacouncil.org/wp/2009/12/fcc-resources-posted/ http://mediacouncil.org/wp/2009/12/fcc-resources-posted/#comments Wed, 09 Dec 2009 00:20:34 +0000 media http://mediacouncil.org/wp/?p=45 We’ve posted a list of documents relevant to the HITV/Raycom merger.

In Hawai`i, Raycom Media of Alabama has taken control of 3 television stations, in violation of FCC policy and Anti-Trust Law. This action reduces localism, diversity and competition. Join Us, learn what you can do to help reverse the trend. MCH has filed a complaint at the FCC to stop the merger of KHNL,KGMB, and KFVE. We need your help. Community involvement is essential to winning this fight and the establishment of sound media policy.

Angela Campbell, Professor at Georgetown Law, and Institute for Public Representation (IPR) attorney representing MCH before the FCC will provide an overview and update on the proceeding
Chris Conybeare and Professor Gerald Kato will lead a discussion on the role of the public.

NOW IS THE TIME TO ACT! GET INVOLVED! JOIN US ON DECEMBER 2nd!
  
Date: Wednesday, December 2, 2009
Time: 11:30 a.m. to 1:30 p.m.
Where: Studio 909 at 949 Kapi`olani Blvd., Musicians Union Association
(located next to the 909 Condominium, entrance on Kapi`olani Blvd.)

Parking: At the NBC, $5.00

Cost: $20 (includes bento lunch from Kaka`ako Kitchen & drink)

Whether we call it media consolidation or “news sharing,” one thing is clear: gutting newsrooms, slashing reporting jobs and centralizing editorial power takes us further away from the quality journalism we need to function in a thriving democracy.

Mahalo for your generous support!

Today, Media Council Hawai`i (MCH) filed a complaint with the Federal Communications Commission (FCC) to stop the proposed merger of MCG Capital’s KGMB TV with Raycom Media’s KHNL-TV and KFVE-TV.

On behalf of MCH, Georgetown Law’s Institute for Public Representation (IPR) filed with the FCC in Washington, DC a “Complaint and Request for Emergency Relief Regarding Shared Services Agreement between Raycom Media and MCG Capital for Joint Operation of Television Stations KHNL, KFVE, and KGMB, Honolulu, Hawai`i.”

The Petition requests that the FCC order Raycom and MCG to show cause as to why a “cease and desist order” should not be issued to stop its “shared services agreement” announced on August 18, 2009. Because the agreement is expected to take effect in mid-October, the Petition requests that the FCC issues a “standstill order” to prevent Raycom and MCG from taking any further action to implement the agreement, pending FCC review.

Chris Conybeare, MCH president, said: “”We are taking this action to save local television, local news, and local programming from concentrated control in the hands of a few offshore corporations.

“This is a major step forward in our effort to involve the public in the media policy debate. Broadcast licenses are granted on the basis of the public interest, convenience, and necessity. For too long the public has let corporate owners define what is in the public interest.

“We are pleased that Hawai`i people and organizations have decided to stand up, and raise their voices in protest to this deal that will rob us of diversity of opinion, stifle competition, and lock up control of the local market!”

Angela Campbell, IPR attorney and MCH chief counsel, said: “Prompt FCC action is needed to ensure that the residents of Hawai`i have access to diverse, high quality sources of local news. If the FCC fails to act, stations in other communities will enter into similar agreements, thus undermining the FCC’s local ownership rules.”

MCH and IPR assert that this unprecedented agreement would give Raycom, the licensee of KHNL (an NBC affiliate), and KFVE (a MyNetworkTV affiliate that broadcasts UH sports), control of KGMB (a CBS affiliate, that is licensed to MCG Capital). The agreement would result in the shutdown of one newsroom, and will result in having all news operations on all three stations controlled by Raycom.

Raycom and MCG state that no FCC approval is needed for this agreement. However, MCH and IPR assert the agreement will accomplish a de facto transfer of the license for KGMB. In such cases, federal law requires that the parties file an application with the FCC. The FCC can only approve such an application if the FCC finds that the transfer serves the public interest.

This transfer of control is not in the public interest. In fact, Raycom’s control over KGMB violates the FCC’s local television ownership rules in two ways. First, Raycom will control three stations serving the same area, even though the rule prohibits common control of more than two. Second, Raycom’s control over two major network affiliates—CBS and NBC—will violate FCC rules against owning more than one of the top-four ranked television stations.

MCH and IPR believe Hawai`i residents will be harmed by the agreement. Television is the main source of local news. Reducing the sources from four to three reduces competition and reduces local coverage.

“Reduced competition in local news will mean less local coverage, less diversity in the viewpoints presented, and lower quality news programming,” according to the Complaint.

“Moreover, Raycom’s control over approximately 44% of the advertising revenues decreases competition in the sale of advertising time and raises serious antitrust concerns.”

There is growing community support for MCH’s efforts to stop the merger. Community organizations that have joined in supporting MCH include Common Cause Hawai`i; the Society for Professional Journalists, Hawai`i Chapter; the Newspaper Guild; the Interfaith Alliance; the Oahu County Democrats; the Screen Actors Guild, Hawai`i; IBEW Local 1260; and Americans for Democratic Action, Hawai`i Chapter.

Media Council Hawai`i was established in 1970 as the Honolulu Community Media Council. It is the oldest of the five volunteer media councils in the United States. MCH members include individuals from the community and the media industry. It is a non-partisan, non-profit, non- governmental independent group, which seeks to improve public access to information, strengthen public support for First Amendment rights and freedoms, broaden public understanding of the role of the media, and promote accurate and fair journalism in Hawai`i.

IPR is one of the nation’s premier public interest law centers. It was founded by Georgetown Law in 1971. It has both a public interest law firm and a clinical education program. IPR works in the areas of First Amendment and media law, environmental law, civil rights, and general public interest matters. Professor Angela Campbell is co-director of IPR and is head of IPR’s First Amendment and Media Law Project. Adrienne Biddings is the Graduate Fellow in IPR.

Media Council Hawai‘i (formerly the Honolulu Community-Media Council) will challenge the illegal Raycom Media deal involving Stations KHNL, KGMB, and KFVE at the FCC.

Media Council Hawai‘i (MCH) is pleased to announce that it has retained as counsel the Institute for Public Representation (IPR) at Georgetown Law for assistance in challenging the merger of the news and business operations at KHNL, KGMB, and KFVE.

Alabama-based Raycom Media, owner of KHNL and KFVE, and MCG Capital Corp, owner of KGMB, said on August 18, 2009 that they would merge services and lay off 68 employees as part of a so-called “shared services agreement.”

MCH asserts that the agreement is nothing more than a thinly veiled attempt to avoid regulatory scrutiny by the FCC and that Raycom will exercise control over all three stations in defiance of FCC ownership rules. Raycom will control 45% of the revenues in this market as well as editorial control, programming and advertising sales related to all 3 stations.

“Stations are granted licenses to serve the public interest in the communities they serve. This arrangement will reduce diversity of opinion, create canned newscasts, increase advertising rates, strangle independent programming, and raise barriers to any who wish to enter the market. These effects are all contrary to public interest and the law”, said Chris Conybeare, president of MCH.

MCH board member and journalism professor Gerald Kato added that the merger raises alarming questions about concentration of control of broadcast facilities in Hawai‘i and across the nation.
“Television stations are bought and sold for millions of dollars, while owners pay only a few hundred dollars every 8 years to renew their license to use the public airwaves,” Kato said.

“The public deserves greater respect from broadcast licensees rather than disregard for broadcast ownership law and disregard for longtime employees,” Kato added.

Conybeare said it is an honor to have IPR representing MCH in this important issue involving the future of television and television news in Hawai`i.

IPR is one of the nation’s premier public interest law centers. It was founded by Georgetown Law in 1971, and has both a public interest law firm and a clinical education program. The Institute works in the areas of First Amendment and media law, environmental law, civil rights and general public interest matters. It also has considerable FCC expertise.

Media Council Hawai‘i was established in 1970. It the oldest of the 5 volunteer Media Councils in the United States. MCH members include individuals from the community and the media industry. It is a non-partisan, non-profit, non-governmental independent group, which seeks to improve public access to information, strengthen public support for First Amendment rights and freedoms, broaden public understanding of the role of the media, and promote accurate and fair journalism in Hawai‘i.

MCH will be conducting public forums, and other activities to counter the self-serving statements made by Raycom and the parties to this deal. MCH welcomes broad public participation in the discussion.

Those interested in being involved with these activities are encouraged to contact MCH at info@mediacouncil.org.