Iowa Broadcasters to FCC: “We Do Localism! All It took Was A 500 Year Flood.”

One has to admire the utterly ruthless and meticulous way in which broadcasters will move swiftly to exploit absolutely any possible set of circumstances for their regulatory advantage. Case in point, this letter from Sue Toma, Executive Director of the Iowa Broadcaster’s Association to FCC Chairman Kevin Martin, touting their involvement in their communities during the recent terrible flooding.

Mind you, I am glad that Iowa broadcasters can get it together to do their job during a 500 year flood. And it is the job of trade associations to tout the good its members do — even when it is the sort of thing we expect them to do. And certainly Iowa broadcasters should be praised for stepping up to the plate when needed and recognized for playing their part — along with the other community businesses and volunteers from around the country who, unlike the broadccasters, are not under a legal obligation to provide service to the local community. But of course, for the broadcasters, that is not enough. As usual, the broadcasters behave rather like spoiled 6 year old children who expect bribes to do their homework or their chores. Hence inclusion of this little zinger at the end:

I can’t help but note that the Iowa floods come at a time when well meaning but misguided activists are questioning broadcasters’ commitment to localism. My response: Spend time in Iowa, and see first-hand how local and radio and TV stations are serving our communities during the worst flooding in a century. Iowa broadcasters have once again proven their exemplary commitment to the communities that we serve, without the need for more mandates, paperwork and unnecessary regulation.

In other words, that stations actually do their jobs in a once in a century crisis gets them off the hook for the remaining 99 years, 11 months. To which I can only say, giving proper credit and appreciate to stations doing the work they are supposed to do, “get real.” The real test of localism isn’t just how you do in a crisis and that somehow gives you a free pass on the rest of the license period. The real test of localism is how you serve your local community on a daily basis. That broadcasters refuse even to list what programming they show and what they think their viewers get out of the programming choices — whether news, or entertainment, or exposure to local culture and matters of local interest — should raise serious questions about whether broadcasters take their role as stewards of a public license held in trust for the local community seriously.

I recognize that leveraging responses to natural disasters for regulatory goodies is a hallowed tradition among broadcasters, so I’m not offended at the Iowa Broadcaster’s Association rushing to send this letter as soon as their laptops dried out. But because broadcasters get a lot of mileage out of their so called commitment to localism — such as cable must carry, the right to play music without paying performance royalties, and a rule against satellite radio providing local content that might compete — someone needs to call them on this. You can’t get the benefits of being a licensee with a duty to serve your local community without shouldering the responsibilities as well. So just as my son doesn’t get out of doing his chores just because he did his homework — even if he got an A — broadcasters don’t get excused from serving their community every regular day just because they came through during a flood or some other epic crisis. Kudos for doing a good job on this one, but it’s still your job and you’re supposed to do it well.

And, given that nearly 1 million people took the time to tell the FCC during its localism proceeding that they thought local broadcasters were doing a lousy job serving their local community (I make no claims as to Iowa, that’s national), it doesn’t seem out of line for the FCC to require you to actually tell the FCC how your programming serves the local community as required by your license and to make that documentation publicly available, a requirement broadcasters have gone to court to resist.

Finally, I can’t help but note that low power FM stations (that full power broadcasters fight tooth and nail to keep off the air) have likewise done amazing coverage of the flood and heroic service to their local communities — while still managing to produce local content and serve their communities on a regular basis. If they can pull their weight while still more than complying withe the “mandates, paperwork, and unnecessary regulations” that ensure they serve their local communities, I think the rest of the broadcast community in Iowa can do so as well. And ought to.

Stay tuned . . . .

I've been spamtrapped!

I was just trying to add a comment to Harold’s blog entry, below, when the screen suddenly went a horrible blue, and a (probably illegally used, copyrightwise) image of a can of Spam(tm) appeared, along with this message:


You’ve been spamtrapped

we will not tolerate spam Als u menselijk bent en u denkt dat u onterecht wordt beschuldigd van spam activiteiten op mijn weblog, ga dan terug naar de vorige pagina. Mogelijkerwijs bevat uw commentaar een link naar een site welke ik op dit weblog weer. Ook kan het gebruik van verschillende woorden zoals casino u naar deze pagina hebben geleid.
English

If you are human and you think that you are wrongly beeing accused of trying to spam my blog, please return to the previous page by going back. You’ve been sent here because the original comment contains illegal keywords like casino or links to spamming websites. I will not tolerate these links on my weblog and as a precaution all content is filtered before submitted to the site.

What’s particularly galling this remark is the sentence, “I will not tolerate these links on my weblog:” WTF? Hey, it’s MY GODDAMN WEBLOG, YOU STUPID PIECE OF SOFTWARE! WHO THE BLEEP DO YOU THINK YOU ARE????

Anyway, over the last few weeks we have recieved some email from friends of the site to the effect that they had been prevented from making comments. I put that on my list of things to worry about at some time in the future. Now that it has happened to me & I have experienced first hand just how irritating and insulting it is, let me just say that this problem has gotten my attention for real. I cannot promise how soon we’ll get it resolved, but it will probably be sooner than if I had not been spamptrapped. In the meantime, any of you who have been impoperly spamtrapped, please accept my apology on behalf of my well-meaning but incompetent and rude spam blocker.

By the way, here’s my comment on Harold’s blog entry (below the fold):

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Tales of the Sausage Factory: Gay Marraige? Mine is Pretty Cheerfull.

Yale Law Prof. Lea Brilmayer has some interesting things to say to Congress on whether we need a Constitutional Amendment to let the states decide on gay marraige. See testimony here. I’m not the expert Professor Brilmayer is on Constitutional theory, but as a result of _Goodridge_, real legal analysis doesn’t matter anymore. And therein lies the true evil of judicial activism. Will four arrogant but well meaning judges give Bush the 2004 election, trigger a Constitutional Amendment, trash civil rights for gays for the forseeable future, and undermine confidence in our judiciary to the detriment of our society as a whole? (cue Odd Couple theme)

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