Don’t Mistake Her Kindness For Weakness

Democratic CommissionerMignon Clyburn says she hopes to be remembered for putting consumers first and for her willingness to listen. But she will also certainly be remembered as the FCC's first African-American woman, a distinction she calls bittersweet given that it did not come until 2009.

Clyburn, whom FCC Chairman Julius Genachowski has praised
for doing a “stellar job,” says she did not actively campaign for her
post—but did not shy away from it either. The job came after almost
a dozen years as a public-utility regulator in her home state of South
Carolina, and with the help of friends and political contacts. Those
would include her father, James, who is the House Majority Whip.

Clyburn’s open-door, open-mind philosophy stems, in part, from
the civil rights struggles against closed doors that helped shape and
frame her world view. And while she has brought
a winning smile and Southern charm to the post,
she cautions not to mistake that for weakness.

The commissioner is anything but neutral on
network neutrality, and says that while the FCC
has to look at indecency issues on a case-by-case
basis, parents can change the channel if they
don’t like what they see. As to broadcasting’s future
in an increasingly broadband-centric world,
she says she doesn’t believe the FCC should be
favoring one technology over another.

Clyburn talked to B&C Washington Bureau Chief John Eggerton
about that and much more in her first extensive interview since taking
the post last summer.

What do you think the government should do to help out the media business
in these tough times?

One of the things I am excited about is the FCC and other entities
looking at the media landscape and the challenges it faces. I am very, very much concerned about media ownership issues, the types
of delivery and the types of voices that are heard.

So, I share concerns, and having conversations and putting everything
on the table as it relates to delivery and the media landscape
is important to me. You hear conversations around foundation-type
support, especially for print. Those conversations need to be had.

The wireless industry is interested in broadcaster spectrum. What is your
view of local broadcasting’s role in the future?

As we have witnessed, the communications
landscape dramatically changed as a result of
technological advances, and local broadcasters
have had to adapt to these changes. One
example is the use of the Internet by broadcasters
to provide additional information to
consumers through their own Web presence.
Some broadcasters also are using the Internet
as an additional outlet for distributing their
programming. I believe it is important that
our policies do not favor one technology over
another. We should be mindful that spectrum
is used efficiently, and we must carefully
consider whether proposed changes in policy
are technologically neutral and do not favor
one business model over another.

The FCC’s fleeting-indecency policy has been challenged
on a number of fronts. Should the FCC be
in the business of regulating what content broadcasters
can put on the air?

I am a proponent of the First Amendment,
and I believe that parents and families should
have options for understanding more fully
their programming choices and the options
available to them for limiting the programming
viewed by their families.

I also believe that families should not hesitate
to change the channel or turn off the media
device if they do not approve of the programming. I think parents
should not hesitate to let a programmer and the advertisers supporting
that program know when they disapprove of the programming
offered. However, we have a duty at the commission to fully consider
the complaints filed about programming that may be indecent.
Because the facts for each case are distinctive, the commission must
carefully consider the facts at hand for each complaint filed.

You are the first African-American woman to be a commissioner. Should we be
past pointing that out, or does that shape or inform how you do your job?

I guess I wish for a day that does not have to be said, in a way. But
I am very proud, both of the opportunity and the challenge. It may
surprise some persons, but when I was first being mentioned, I kept
saying to my family and friends I could not believe I am the first.
It’s 2009? So, from that aspect it was kind of bittersweet for me.
We always say my parents met in jail. My father was just coming
out of jail [arrested after a civil rights protest]. He was very hungry
and [my mother] handed him half a sandwich.

My very being, my existence, and every aspect of my life is a result
of the struggles of the civil rights movement, and the struggles
and challenges this country faces as it relates to relations with all
of its people. I am here because of that, and that affects and shapes me. My outlook is forever enhanced by it. And because of that, I
have, almost to a fault, the willingness and ability and desire to
listen to all people.

I want this office to be a place where, regardless of your portfolio,
regardless of your title, regardless of what others say your influences
are, you can come and be heard. That is important to me. That
is defi nitely a part of my DNA. My door is an open one to all.

What should the FCC be doing to encourage more minority ownership?

I think [through] the types of open dialog
we are having. We have the quadrennial
[media-ownership rule] coming up, so we
are having a conversation and dialog as it
relates to media ownership and concentration.
We are always engaged on the congressional
level and [with] opportunities
that might present themselves. You hear
conversations about the tax certifi cate policy,
which is not in force right now.
But [whatever] we can do within the confi
nes of today’s market and whatever legal
constraints we may or may not have, whatever
conversations we can have to promote
a diversity of voices, I am willing to have.

You have talked about boosting diversity through
the broadband plan. Some minority groups have
complained that network neutrality rules could
discourage investment and widen the digital divide.
You don’t agree?

I am a supporter of the principles of network
neutrality. I believe this open architecture has
the potential to be the great equalizer in all
communities. It can bridge all types of gaps,
including the media-ownership gap. It is
just a powerful tool that I am excited about.
I am not dismissive, however, of some of the
concerns, and am engaging in conversations
with some of the groups that may or may not be as enthusiastic as I
am about embracing and codifying network neutrality principles.

Your backing of network neutrality as being a potential benefit to minorities
got backhanded praise in a headline that said: “New FCC Commissioner
Clyburn Not the Pushover Some Expected.” Should we have expected you
to be a pushover?

I have been told that sometimes people take kindness for weakness.
And maybe I will get in trouble for saying that. But I have a pretty decent
smile, and I am relatively friendly most days. And when I’m not,
I stay home. I usually have a very decent disposition. I don’t know if
that is the non-Washington way. I certainly know that is the pro-South
Carolina way. We are very friendly people. But I think more so is that
I am not from these parts, as we would say in Carolina. I am very
much outside the Beltway. I am not bragging on it; it’s just a fact.

And I think that when people see a certain demeanor, they may
misinterpret that as being a pushover. The more people get to know
me, we won’t have those types of headlines.

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.