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Q’s in Search of Some A’s

FCC Chairman Julius Genachowski, scheduled to address the National Association of Broadcasters convention on April 16, has developed a reputation for speaking carefully and sticking to common themes like transparency, data-driven decision-making, job creation, broadband deployment and the alleged win-win nature of reclaiming broadcast spectrum.

With due deference to Genachowski, who also has to speak carefully about issues currently before the commission in open proceedings, B&C surveyed broadcasters, lobbyists and others for questions they would like some straight answers to in Vegas. Some of the language has been changed—passions can run high, or as one respondent put it when asked for the questions: “You just opened up a whole can of whoop-ass.” That can included questions about spectrum, ownership, indecency, disclosure, spectrum— and more spectrum.

  • Why does the FCC want television broadcasters to put their political file information online while not requiring the same of cable systems or radio stations that receive political advertising?
  • There has not been a truly complete spectrum inventory—taking into account spectrum that may have been paid for but is not in use. Are you comfortable that the FCC has been truly open-minded and thorough in its approach to spectrum reclamation—that it has truly “measured twice” so it can cut once?
  • When will the FCC acknowledge the realities of today’s marketplace and provide ownership relief for small and mid-market TV broadcasters?
  • When will the FCC release its allocation optimization model (AOM), the criteria for repacking stations and the “optimal” recovery of broadcast spectrum?
  • If a split decision from the Supreme Court allows the Second Circuit’s decision [striking down the indecency enforcement regime] to stand, will the FCC suspend indecency enforcement nationwide, or only in the Second Circuit?
  • How many indecency complaints are pending at the FCC Enforcement Bureau, how old are they, and how many license renewals are on hold because of them? Is the commission still insisting on tolling arrangements?
  • When will the FCC finally deal with the backlog of TV license renewals?
  • Do you agree with former FCC chairman Reed Hundt that broadband should replace broadcasting as the central communications medium and that broadcasting is a “threat to Democracy?”
  • If broadband is the “go-to” medium for the American consumer, why is there any need for continuing FCC involvement in broadcast content regulation?
  • What happens if not enough volunteers agree to give up their licenses?
  • Are you concerned that the only spectrum volunteers would be those that provide diverse programming, like foreign-language, minorityowned stations? If so, does that serve the public interest?
  • Given the FCC’s pursuit of broadcast spectrum, its retransmission-consent proceeding, the online public file decision and the continued inaction on media ownership, would it be unfair to believe that the current FCC is very anti-broadcasting?
  • President Obama has called for the removal of unnecessary regulatory restrictions. What substantive media regulatory changes do you contemplate in the near future?
  • In particular, why isn’t the FCC moving ahead more rapidly to make real changes in the nearly 40-year-old newspaper/broadcast rule (and especially newspaper/radio)?
  • The recent Tribune/DirecTV impasse was resolved in a matter of days, as has been the case with virtually all similar cases in the past. Where is the FCC really headed on the retransmission-consent proceeding, and why was it even initiated?
  • What changes, if any, do you expect will be made to the FCC’s sponsorship identification regulations, and why?
  • Recently we’ve seen a number of upstarts, most recently Barry Diller’s Aereo, move to transmit local TV channels on the Web without permission from stations. At the same time, the FCC no longer seems sure about what a “multichannel video-programming distributor” is and has asked for comment on the definition. Where is the FCC going with this proceeding?
  • Will The History of Broadcasting in the 21st Century be a short work?

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