We Need To Fix News Media, Not Just Social Media — Part II

This is part of a continuing series of mine on platform regulation published by my employer, Public Knowledge. You can find the whole series here. You can find the original of this blog post here. This blog post is Part 2 of a three part series on media and social media. Part 1 is here.

 

In Part I, I explained why blaming digital platforms generally (and Facebook and Google in particular) for the current dysfunctional news industry and the erosion of public trust in journalism is an incomplete assessment and therefore leads to proposed solutions that do not actually address the underlying problems. To recap briefly, we have seen since the mid-1990s the steady decline in the quality of journalism and increasing public distrust of traditional newspapers and broadcast news. Massive consolidation financed by massive debt prompting an ever smaller number of mega-companies to cut costs by firing reporters and closing news rooms, shifting from hard news (which is more expensive to produce) to infotainment and talking head punditry, and the rise of unabashedly partisan talk radio hosts and cable networks were causing the public to increasingly silo themselves in partisan echo chambers. The relentless drive of these media giants to use the news to cross-promote their products, the increasing perception that the news industry had failed to question the Bush Administration’s justification for the invasion of Iraq and general perception that corporate media slanted news coverage to further their corporate or political interests (an impression shared by many reporters as well) all contributed to public distrust with the media and the general decline in consumption of news from traditional outlets long before online advertising was a serious threat to revenue. Finally, the unshakably wrong perception by corporate media that the public have no interest in substantive political coverage (despite numerous surveys to the contrary) prompted an audience hungry for real reporting to look to the emerging Blogosphere and away from traditional journalists.

 

Again, to be clear, there are genuine and serious concerns with regard to the potential gatekeeper and market power of social media and other digital platforms. The incentive of platforms to encourage “engagement” – whether by inspiring agreement or inspiring anger – warps both news reporting and news consumption. This incentive encourages these platforms to promote extreme headlines, hyper-partisanship, and radicalization, which in turn encourages those trying to attract readers to increasingly move to ever more extreme language and positions. These problems require a set of their own solutions, which I will reserve for a future installment. In this post, I want to focus on how we can begin to repair the problems with our dysfunctional news industry and the crisis of trust undermining journalism.

 

More Below . . .

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Hurricane Michael A Wake Up Call On Why Total Dereg of Telecom A Very Bad Idea.

Readers of Harry Potter should be familiar with Cornelius Fudge, the Minister of Magic who refuses to believe Voldemort will return because believing that would require taking precautions and generally upsetting lots of powerful and important people. Instead of preparing for Voldemort’s return, Fudge runs a smear campaign to discredit Potter and Dumbledore, delaying the Wizarding World from preparing to resist Voldemort until too late.

 

I was reminded of this when I read Federal Communications Commission (FCC) Chairman Ajit Pai’s statement of frustration with the slow pace of restoring communications in the Florida in the wake of Hurricane Michael. Pai explicitly echoes similar sentiments of Florida Governor Rick Scott, that carriers are not moving quickly enough to restore vital communications services. Pai is calling on carriers not to charge customers for October and to allow customers to switch to rival carriers without early termination fees.

 

What neither Pai nor Scott mention is their own roll in creating this sorry state of affairs. Their radical deregulation of the telephone industry, despite the lessons of previous natural disasters such as Hurricane Sandy, guaranteed that providers would chose to cut costs and increase profits rather than invest in hardening networks or emergency preparedness. That is how markets actually work in the real world (as opposed to in the delightful dereg fantasy land dreamed up by hired economists). But rather than take precautions that might annoy or upset powerful special interests, they chose to mock the warnings as the panic of “Chicken Little, Ducky Lucky and Loosey Goosey proclaiming that the sky was falling.”

 

Now, however, the Chicken Littles come home to roost and, as predicted, private market incentives have not prompted carriers to prepare adequately for a massive natural disaster. This result was not only predictable, it was predicted — and mocked. So now, like Cornelius Fudge, Chairman Pai and Governor Scott find themselves confronted with the disaster scenario they stubbornly refused to believe in or safeguard against. And while I do not expect this to change Pai’s mind, this ought to be a wake up call to the 37 states that have eliminated direct regulatory oversight of their communications industry that they might want to reconsider.

 

Still, as Public Knowledge is both suing the FCC to reverse its November 2017 deregulation Order, and has Petitioned the FCC to reconsider its June 2018 further deregulation Order, perhaps the FCC will take this opportunity to rethink the certainty with which it proclaimed that carrier’s have so much incentive to keep their customers that they would never cut corners and risk service going down. Or perhaps Congress will now pay attention and decide that their constituents need enforceable rights and real protections rather than promises and platitudes.

 

I provide a lot more detail below.

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The FCC Decides Rural America Has Too Many Broadband Options, So They Are Taking Away 5G Spectrum To Give To The Big Guys.

The FCC is about to take spectrum away from rural providers and we are making a last minute effort to stop it. Last week, my employer Public Knowledge sent a letter to FCC Chairman Ajit Pai asking him to change the draft Order altering the rules for the “Citizen’s Broadband Radio Service” (CBRS) to keep several of the old rules in place. Specifically, we want the FCC to keep at least some license areas at census tract size, rather than making them bigger and therefore unaffordable for small providers like wireless ISPs (WISPs). We also want the FCC to keep “use or share,” a rule that says that if the licensee is not using a piece of their license area it becomes open for general use on an unlicensed basis until the licensee actually starts using it. We’re also asking the FCC to leave the license terms at 3 years with no expectation it will be renewed (that is to say, it gets re-auctioned at the end of 3 years) rather than go to 10-year terms with an expectation of renewal. Finally, if the FCC is going to change the terms of the licenses as proposed, they need to have some meaningful build out obligations to ensure that rural areas get served.

 

I explain all this below, as well as linking to this nifty tool so you can contact your member of Congress and ask them to tell the FCC to leave rural America some useful spectrum so those who actually want to serve rural America can do so.

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