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Ferree To Head D.C. Free-Market Think Tank

Former FCC Media Bureau Chief Named President of Progress & Freedom Foundation

By Ted Hearn -- Multichannel News, 11/8/2007 5:07:00 AM

Washington – Former Federal Communications Commission Media Bureau chief Kenneth Ferree on Thursday was named president of the Progress & Freedom Foundation, a free-market think tank that has questioned indecency regulation of broadcast outlets and proposals to apply network neutrality mandates on cable and phone company providers of high-speed Internet access.

“With his reputation of championing deregulation and free markets, I believe Ken Ferree is an ideal choice to lead the Foundation. His invaluable knowledge of communications and media policy will complement the scholarship being performed by PFF Fellows,” PFF Chairman and co-founder George `Jay’ Keyworth, II said in a statement. “I am confident that his leadership skills will help to increase the impact of the Foundation on public policy.”

Ferree headed the Media Bureau under Republican FCC chairman Michael Powell, tackling such issues as broadband regulation, media ownership rules, and digital television policy. Ferree left shortly before Powell did in March 2005.

“I am thrilled to be taking the reins of PFF,” Ferree said in the same statement. “I look forward to building on the solid reputation of PFF and expanding our reach in areas of technology policy. I am excited to be presented with this opportunity to work with the talented staff at the Foundation.”

At the FCC, Ferree led the staff in the effort to classify cable modem service as an unregulated information service, a move affirmed by the U.S. Supreme Court in the Brand X case released in June 2005.

Ferree found less success in the area of media deregulation. A June 2003 FCC order he helped craft called for relaxing broadcast ownership rules.

A federal appeals court stayed the rules and later overturned much of them in a 2-1 ruling.

Regarding digital television, Ferree was the first federal official to prominently support a firm date for ending free, over-the-air analog television nationally. He backed Dec. 31, 2008, but Congress ultimately chose Feb. 17, 2009. Prior law called for ending the transition on a market-by-market basis only when a market had 85% penetration of digital reception equipment. The 85% test was seen by many as a major obstacle to the swift and certain recovery of 108 MHz of analog TV spectrum.

Even while knowing that his support for a DTV transition hard date would involve a tough political battle, Ferree famously told reporters that TV stations would “rather eat their children than give up this spectrum” and that “they will hold on to this spectrum to their dying day, if they can. I don’t blame them. I would too if I was a broadcaster.”

Ferree led the communications practice group at Sheppard Mullin Richter & Hampton. He recently left that position to move with his family to California. It was unclear whether Ferree will oversee PFF full time from Washington.

“Wherever I will be, I will be doing PFF work,” Ferree said in an email Thursday.

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