Making TV Great Again – Better Than Ever

Television is experiencing its most consequential and captivating period of the year, a span of several weeks that began with the Golden Globe Awards, Grammy Awards, the Super Bowl – the most watched event in the world – and continues through the Winter Olympics, March Madness, the Academy Awards (Oscars), and the World Cup.

It is a time when millions of Americans and those across the globe gather in front of their TV sets for must-see communal rituals, while thousands more have spent the last few weeks seeking the best buys on big-screen TVs to upgrade their home theaters. The annual January surge in TV sales is more than a seasonal trend; it is a tangible vote of confidence from consumers who see television as the undisputed hearth of the modern home.

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TV Consolidation – A Moat Against Extinction

Broadcast television, once the unquestioned center of American life, now stands at the edge of obsolescence. What was once a cultural hearth has been pushed to the margins by streaming, cord-cutting, “cord-nevers,” and the algorithmic dominance of Big Tech. Viewers have migrated, advertisers have followed, and revenue models that once sustained thousands of stations are eroding at an accelerating pace.

The uncomfortable truth is that fragmentation has become fatal. American broadcasters, still bound by ownership rules written for another era, are ill-equipped to compete against digital behemoths that operate without limits. Unless policymakers, regulators, and industry leaders embrace consolidation, the medium that has long been free, universal, and trusted risks being reduced to a relic of a bygone era.

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Local Broadcasters Need Level Playing Field To Compete, Innovate, Serve the Public

America’s broadcasters are beacons of our democracy. Every day, they exercise their First Amendment right to report, inform, and help citizens understand the issues that affect their daily lives.

And let’s face it: This is a challenging time to be a broadcast journalist. As the truth competes with falsehoods on social media and political polarization gets the headlines, exercising our First Amendment right to inform the public and provide the facts has never been more challenging – or essential.

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American TV Is Changing for Better or Worse

The American TV market is changing before our very eyes, presenting viewers, creators, and advertisers an unprecedented degree of choice, convenience, and competition. We are witnessing a platinum age of television, where an alluring array of movies, sports, and specials is accessible on our phones, tablets, and computers, available anytime and anyplace, on demand. Though we now refer to it as “video,” at its essence it remains television, and we just cannot get enough of it.

But, for traditional TV broadcasters, these changes are both a blessing and a bane. A blessing because more people are watching more video than ever before.  A bane because more people are viewing that video through non-traditional media, which represents an evolving societal shift.

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First Amendment Still Shines During Toughest of Times

Two hundred and thirty-one years ago this week, Congress passed a collection of amendments to the U.S. Constitution, 10 of which would become the Bill of Rights.  Foremost in the Bill of Rights is the First Amendment, which allows Americans to worship how they please, speak their minds openly, and have their voices heard by their government.

Our Founding Fathers, in their infinite wisdom, also included in the First Amendment the right to a free press.  They understood that our democracy could not survive without the freedom to report the news without fear or favor.  The times may have changed; that principle has not.

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Big Media’s Now Moment

Amid the deadly coronavirus and unfolding social justice movement, America stands at a momentous crossroads.  Following the tragic death of George Floyd at the knees of the police, a multiethnic, multigenerational mass of righteous protest is demanding police reform in cities across the nation. 

Captains of industry, in response, have hedged their corporate reputations on hefty pledges to promote African-American economic equality.  In stark contrast, the president remains defiant to convention and defensive of status quo law and order.

Chronicling it all in real time for the world to see has been the mainstream media.  Broadcast and national cable, in particular, have experienced a renewed relevance and a reborn sense of mission as the justice movement gains more sweep, scale, and seriousness.  This has been especially meaningful for local TV, which needed to burnish its credentials with American viewers.  Like many in America, journalists have discovered what heretofore has been absent from countless reports of black death-by-police.  Transparency.  Equity.  Empathy.

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Broadcasting Today: Energized by Innovation

There is a saying that goes, “Everybody has a story to tell.”

My own NAB Show story began a decade ago – almost to this day, in fact – when I spoke at my first show as the new president and CEO.  On that morning, I shared the story of broadcasters’ unrelenting commitment to always be there for their communities … to inform them … and to help them.

It is a deep-rooted commitment that manifests itself in many ways that often go unnoticed – in ways that have become ingrained in everyday life for millions of Americans.

Our communities turn on the radio to find out what the weather is like before heading to work … to learn how to help their neighbors in need … or to listen to the great personalities who seem like old friends.  They turn on their televisions to watch their favorite local news anchor and to get an unbiased report of what is happening in their communities.

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Who Will Keep the Sun Shining?

The news media’s annual celebration of Sunshine Week, which takes place March 10-16, has always called to mind the importance of access to government information, transparency of public records, and the idea that the free flow of information is an essential element of “good government.”

Created by the American Society of News Editors (ASNE) in 2005, the event was timed to coincide with the March 16 birthday of Founding Father James Madison, a strong supporter of the Bill of Rights.  It has always been envisioned as a celebration of the Freedom of Information Act signed into law on July 4, 1966, which outlined mandatory disclosure provisions for federal documents and records.

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Dueling Philosophies on Minority Ownership

What happens when you invite the FCC’s two veteran commissioners to speak about the media at a Rainbow PUSH Coalition symposium?  When one of the commissioners is Michael Copps, and the other is Robert McDowell, you get two very different views of where things stand and how they could be improved, as we saw on Nov. 20.

Copps, a Democrat, is a long-time foe of large media companies.  So he uses phrases like “excessive media consolidation,” “big media run awry,” “tsunami of consolidation,” and the punchline: “Minorities have suffered greatly because of consolidation.”  

One of his proposals to “put some justice back into our ownership policies” would involve a “public interest licensing system for broadcasters.”  Copps would like the Commission to “go back to having some guidelines to make sure stations are consulting with their audiences on what kinds of programming people would like.”  But wait, I think we already have such a system.  It’s called “ratings.”

Copps also favors something called a “full file review,” which would have the Commission award certain broadcast licenses by considering an applicant’s “experiences in overcoming disadvantages,” including race and gender discrimination.  (This sounds like a lawsuit waiting to be filed, but that’s another story.)  In other words, Copps views the FCC as the referee in a fight between “big media” and the little guy, where the solution is a tight rein on ownership regulations.
    
Robert McDowell sees things differently.  For minorities to get ahead in broadcasting and other media, Republican McDowell is quite clear about what is needed: access to capital.  “An important priority for me in my three-and-a-half years on the Commission has been to help create a competitive environment that allows minority entrepreneurs and other new entrants a real opportunity to build viable communications businesses,” he told the Rainbow PUSH group.
    
McDowell noted that he enthusiastically supported the Commission’s 2007 Diversity Order, which contained nine measures to help small entrepreneurs acquire capital or use their financial resources more efficiently.  He has also called for a tax certificate program to help disadvantaged businesses.  
    
At the same time, McDowell is keenly aware of the unintended and hurtful consequences of regulations (of the sort favored by Copps) aimed at helping small, local media owners  – like a “localism” proposal to reinstate a 20-year-old rule requiring stations to be manned throughout their broadcast day (technology notwithstanding), or onerous “enhanced disclosure” requirements so complex that they could require the hiring of additional employees.   
    
In short: On the question of disadvantaged minorities, Copps sees the culprit as large media companies.  From his perspective, the FCC must be a strict regulator of media ownership.  McDowell sees the culprit as the lack of access to capital.  He would envision the FCC as a facilitator, creating policies to generate financial opportunities for entrepreneurs.
    
Whose view is more accurate and whose solution is more likely to succeed?  On both counts, my money is on McDowell.   

Leave PBS Stations Alone

Since 1985, the Public Broadcasting Service (PBS) has had a policy on the books stating that its member stations must offer a “nonsectarian, nonpolitical, noncommercial educational program service.”

It might be going a bit far to say that PBS has “adhered” to the policy.  Member stations routinely air presidential debates and weekly shows like “Washington in Review” that are nothing if not political.  The “enhanced underwriting credits” for big program funders like Boeing and Lockheed Martin look suspiciously like slick network TV commercials.   

And being British isn’t enough to make shows like “Are You Being Served?” and “As Time Goes By” educational.  Moreover, a handful of smaller stations run sectarian programs that include Catholic Masses and Mormon worship services.

Now, however, the PBS board is considering a revision to its so-called “Three Nons” policy that could force local religious programming off the airwaves of PBS member stations, or force those stations to give up their PBS membership.

A change in policy would likely affect stations like WLAE in New Orleans, which has aired a Sunday Mass since 1984, and Brigham Young University’s KBYU in Provo that carries Mormon worship services.

The proposed policy change is a bad idea.  A PBS committee “believes that if PBS or its Member Stations were perceived by the public to be ‘commercial,’ ‘political,’ or ‘sectarian,’ PBS could be hampered in its ability to carry out its mission.”  

Wait a minute – PBS seems to be carrying out its mission just fine with its members’ current mix of programming that includes all of the above.  

So why single out sectarian programming?  Some might argue that there should be a strict separation of church and state, since PBS member stations receive some funding from the federal government’s Corporation for Public Broadcasting, either directly or through PBS.  

But one need look no further than the FCC, which regulates both noncommercial and commercial broadcasting, to diffuse that argument.  As far back as 1929, the agency (then the Federal Radio Commission) said that broadcast licensees would meet their “public interest” obligations by offering a “well-rounded” mix of programming that included “religion, education and instruction.”  In a 1946 report, the FCC said it expected broadcasters to make free time available to “religious, civic, agricultural, labor, and educational groups.”

The FCC strayed from that policy briefly in 1999, when it issued a ruling that would have banned religious exhortation, proselytizing, and personal expressions of religious belief.  The resulting firestorm was so fierce (including the swift introduction of several bills in Congress) that the FCC deleted the provision a mere month later.

PBS should take its lead from the FCC.  PBS would do well to respect the local character of its member stations, and allow those stations to meet the needs of their audiences without injecting an anti-religion bias.

As it is, public broadcasting in this country is a strange and unlikely amalgam of governmental and private interests, with stations licensed to state and local governments, public and private universities, and even religious groups.  Its fragile equilibrium could easily be disrupted – say, by an untoward policy change.

Changing the “Three Nons” policy as proposed will accomplish nothing positive.  On the contrary, quite likely it will cause a firestorm of its own that might well ignite the now-simmering debate about the very existence of PBS, and whether a broadcasting system that receives even minimal government funding is still a good or necessary idea in this age of media abundance.