[Congressional Record Volume 149, Number 77 (Thursday, May 22, 2003)]
[Extensions of Remarks]
[Page E1059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF THE MEDIA (MAINTAINING AND ENSURING DIVERSITY AND 
                 INTEGRITY ON THE AIRWAVES) ACT OF 2003

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                         Thursday, May 22, 2003

  Mr. CONYERS. Mr. Speaker, today I am introducing the ``MEDIA 
(Maintaining and Ensuring Diversity and Integrity on the Airwaves) Act 
of 2003,'' legislation that would provide greater protection to small 
and minority-owned businesses in the media industry.
  Access to the media is at the foundation of our democracy. As part of 
its effort to advance one of its primary strategic goals of promoting 
competition, diversity and localism, the FCC has strived to ensure that 
every person has equal access and that small and minority owned 
businesses are fairly and adequately represented in the media.
  To accomplish this objective, under Section 257 of the 1996 
Telecommunications Act, the FCC is required to identify and eliminate 
market entry barriers for small telecommunications businesses. Section 
257 also requires the FCC to report every three years on any 
regulations prescribed to eliminate any such barriers. Section 257 was 
written to ensure that greater consolidation in the media industry 
would not occur without concern for diversity in ownership and content. 
Specifically, the section was meant to address barriers involving race 
and gender discrimination.
  The FCC has not yet completed its Section 257 Report to Congress. At 
the same time, the FCC is one short week away from significantly 
relaxing its current media ownership rules, which may permit networks 
to own stations that can reach 90 percent of the nation, allow 
companies to own three television stations in a market, and abolish the 
ban on cross-ownership between TV stations and newspapers. These new 
rules are likely to have significant negative consequences for many 
small and minority owned businesses, but the FCC has not provided its 
report demonstrating that it has analyzed the impact on these 
businesses and has not provided adequate assurance that steps are being 
taken to eliminate any negative consequences. Adding fuel to the fire, 
the FCC is embarking on this course without providing any notice and 
opportunity to respond to the specific rules it is considering.
  The MEDIA Act addresses these concerns. First, the Act requires the 
FCC to publish and seek comment on its proposed rules prior to 
enactment. Second, responding to the concern that requiring a biennial 
review places an undue burden on the FCC as well as the many small and 
minority owned companies who need greater certainty to grow their 
businesses, the Act instructs the FCC to review its media ownership 
rules every five years instead of every two years. Third, the Act 
prevents the FCC from repealing its media ownership rules or approving 
mergers in excess of $50 million until it has completed its 2003 
Section 257 report to Congress identifying and eliminating market entry 
barriers for small telecommunications businesses, as well as analyzing 
how any change of the existing regulations would be consistent with the 
national policy of promoting diversity and competition and how any 
change would affect barriers to entry for small businesses.
  The vast majority of public responses regarding the FCC's decision to 
change its media ownership rules have criticized the FCC for so hastily 
running through the process without affording adequate time for a 
meaningful analysis and public comment on concerns with the new rules. 
If the FCC will not Act to ensure that any changes are in the public 
interest and that small and minority owned businesses are adequately 
represented in the media, Congress must step in.
  I am hopeful that Congress can move quickly to enact this worthwhile 
and timely legislation.

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