[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[Senate]
[Page 18266]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  CONGRESSIONAL REVIEW ACT AND THE FCC

  Mr. FEINGOLD. Mr. President, I am proud to be an original cosponsor 
of S. J. Res. 17, the resolution of disapproval introduced yesterday by 
Senator Dorgan and a bipartisan group of Senators who are very 
concerned about the media ownership rules issued recently by the 
Federal Communications Commission. When the FCC issued those rules, it 
ignored the public. It ignored hundreds of thousands of public 
comments, and it ignored the calls of elected representatives for more 
careful consideration of these issues that are crucial to the future of 
information and entertainment in our country.
  Over the past several weeks, many Senators have been doing what the 
FCC failed to do: listening to the American people. What we have heard 
is not applause for the new rules but great disappointment, and even 
anger. The American people are outraged by these new media ownership 
rules. They do not want new media ownership rules that legitimize 
eliminating local community voices in exchange for homogenization and 
uniformity. They do not want fewer and fewer choices, and less and less 
local control.
  Those of us who support this disapproval resolution under the 
Congressional Review Act want to right the wrong done by the FCC. We 
believe that the people, not powerful media conglomerates, ultimately 
own the airwaves. The will of the people must be reflected in the rules 
that govern media ownership in this country. The strong public support 
for this resolution is demonstrated by the fact that there are already 
35 Senators, from both sides of the aisle, who have signed a petition 
to bring this matter to the floor, as the CRA contemplates. It is now 
clear that we will have a vote on this matter in the Senate in the next 
few months. That is good news for the public.
  The FCC's rules threaten to undermine the diversity of voices in the 
television and newspaper industries, just as diversity in the radio 
industry has been diminished. In a marketplace limited by only these 
new rules, our major media outlets will begin to look and act like 
radio, with absentee owners, standardized programming, and less local 
news and community involvement.
  Thanks to the Telecommunications Act of 1996, which loosened the 
ownership rules for radio, we have seen the future of media 
consolidation, and we know that it offers a lot more to big media 
companies than it does to consumers. In some cases, it can be downright 
dangerous. The five giant media conglomerates that already dominate the 
airwaves will expand their reach and further stifle localism and 
diversity.
  By invoking the Congressional Review Act, Congress can wipe out these 
new rules altogether, and the FCC will have to go back and redraft 
them. We plan to make it clear that the new draft should include some 
of the positive proposals contained in the recent media bill sponsored 
by Senator Ted Stevens that passed out of the Commerce Committee. The 
CRA specifically contemplated that agencies may have to redo 
regulations required by court or congressional mandate. If this 
disapproval resolution is passed by the House and the Senate, the 
preexisting rules will again be in effect until the FCC goes back to 
the drawing board and promulgates new regulations that are not 
substantially similar to the rules that Congress has disapproved.
  In promulgating these new rules, the FCC ignored its primary 
responsibility--to serve the public interest. But fortunately, the FCC 
doesn't have the final word here. The people do. It is our duty in the 
Congress to listen to the people and give voice to their concerns. By 
passing the resolution of disapproval, we will do just that. I want to 
thank the Senator from North Dakota, Mr. Dorgan, for his leadership and 
the other Senators from both sides of the aisle who are working on 
this. This is an important effort and I believe we will be successful 
in taking this action on behalf of the public interest.

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