As most of you probably already know, today is the day that Chairman Kevin Martin has decided the FCC will vote to relax the newspaper radio cross-ownership rule, which allow for greater concentration of ownership over the local media outlets across the country. The proposed rule is bad on the merits, and the process Martin has undertaken has been nothing short of disgraceful. He has ignored the duties chartered to the Commission, and he’s abrogated duties not chartered. He has undertaken a rush to judgment without any particular justification, choosing to ignore evidence that shows this rule change to be a step down the wrong path.

But we don’t have to take this lying down. I know a lot of you have already called or e-mailed your opposition to Chairman Martin’s proposal, and today’s your last day to try to delay the vote. And I just want you to know we’re doing all we can in the Senate to put some pressure on the FCC as well.

One particular problem with this rule is that studies have shown that greater consolidation of ownership discourages minority and women ownership over the media outlets. The FCC is specifically obligated to take that into account when considering these rule changes, but they haven’t given these questions nearly the attention they deserve. In fact, the Commission’s own studies show that the data collection on minority and female ownership of broadcast and telecommunications properties are incomplete and inadequate.

Because of this, the Senate Commerce Committee made its intent clear by unanimously reporting out a bill that would expressly require the FCC to establish a panel investigating this issue and act on that panel’s recommendations before implementing the cross ownership rule change.

So far, the FCC has ignored this demonstrated intent. That’s why Senator Obama and I wrote a letter to Chairman Martin last week saying:

We believe that moving forward with this change will have a direct and detrimental impact on the state of media diversity. Should you decide to move forward with this vote against the expressed bipartisan, bicameral intent of Congress, we will approach Appropriations Committee Chairman Byrd with a request that funds be denied for the implementation of this rule.

Hopefully Chairman Martin will take seriously our recommendation. But to make sure he hears Congress’s message loud and clear, Senator Dorgan sent a letter which I cosigned along with 25 of my Senate colleagues raising a broader objection to the process undertaken by the FCC Chairman. In no uncertain terms, this letter states our intention to reverse through legislation any harm done should Martin push ahead with his ill-conceived proposal. The FCC just announced the rule in a press release on November 13, 2007 and set a comment period of just 28 days. As it says in the letter:

When you proposed a new rule on the effects of communications towers on migratory birds, you allowed for a 90 day comment period. How could you decide to allow 90 days for a migratory bird rule and then shortchange the public on the media ownership rule?

In that letter, we let Chairman Martin know that, even if he goes ahead with it, this fight is not over:

With this in mind we are writing to notify you that if you proceed to take final action on this rule on December 18th without having given a reasonable opportunity for comment on the actual rules and study the related issues, we will immediately move legislation that will revoke and nullify the proposed rule. We are notifying you and others of this proposed action in order to make certain you understand the consequences of ignoring the need for and the right of the American people to play a constructive role in attempts by a federal agency to change rules that have a substantial impact on the American people.

In light of this, we request and expect that you will postpone the action scheduled for December 18, 2007.

Chairman Martin has decided to try to ramrod his through agenda despite widespread public and congressional disapproval, ignoring the explicit bipartisan intent of the Senate Commerce committee. I truly hope Chairman Martin and the rest of the FCC realizes the mistake they are making. You have made your voices heard, but if the FCC doesn’t listen, we’ll have to take the fight right to them.