Conyers Wants Answers From Martin
House Judiciary Chairman Presses FCC Chairman on his Support for A La Carte Programming
By Ted Hearn -- Multichannel News, 11/26/2007 12:10:00 PM
Washington – Rep. John Conyers (D-Mich.), chairman of the House Judiciary Committee, is asking Federal Communications Commission chairman Kevin Martin to defend his management of the agency and his support for the a la carte sale of cable networks despite broad opposition from civil rights and other minority organizations.
In a lengthy letter sent Nov. 21, Conyers complained that the Martin-led FCC has been lax in keeping the public informed about rules and regulations that might be adopted, and that Martin has not been vigilant in seeing that interested parties have ample opportunity to express their views.
“To maintain public confidence in the working of administrative agencies, it is critical that the agency decision making process is transparent and open to public review and comment. Yet recent media reports suggest that under your chairmanship, the FCC is conducting its decision-making in just the opposite manner,” Conyers said in the letter he addressed to Martin but shared with the four other FCC members.
The House Judiciary Committee does not oversee the FCC. But communications policy matters do come before the Judiciary panel in connection with its oversight of federal antitrust and copyright laws.
Martin, a Republican nominee of President Bush, has tarred the cable industry as a bad actor because nominal rates have doubled in a decade.
Although Martin has said he would not force a la carte rules on cable, he continues to demand that cable go a la carte on a voluntary basis, claiming consumers deserve more individual options.
National Cable & Telecommunications Association president Kyle McSlarrow has accused Martin of singling out cable for regulatory harassment because the industry has refused to yield on a la carte, which cable has said would ruin its business model, with channels aimed at minorities hurt the worst.
“I am troubled by the persistent consideration of a government mandate on cable operators to offer programming to consumers on an a la carte basis,” Conyers said. “Nearly every major civil rights organization has asserted that a la carte pricing will both raise prices on consumers while materially damaging the business models for small and minority cable programmers. I am troubled that these important voices are not being recognized.”
A few months ago, Martin suggested that minority opposition to a la carte wasn’t sincere because various minority organizations opted to speak out only after they accepted money from the cable industry. Although Martin quickly offered an apology, an insulted minority leader refused to accept it. A Martin spokeswoman said the chairman’s comments were a reference to a cable-lobbying study by the Center for Public Integrity.
In his letter, Conyers asked Martin to respond “as expeditiously as possible” to a number of questions related to his management of the agency and a la carte advocacy.
The questions included:
1. In which cases have you announced rules or circulated draft rules either prior to public comment ending or within a week of completion?
2. In which cases have you discussed with the press the contents of rules under consideration prior to those rules being adopted?
3. Will the [FCC] announce the agenda of FCC meeting dates for all of 2008 at the commencement of the year, as I understand prior [FCCs] have done?
4. What public comments has the [FCC] received on the impact of an a la carte requirement on program diversity and the continued availability of niche or minority-oriented programming? Please summarize the comments for and against this policy and identify the commenters. Include persons filing formal comments as well as those that have expressed their views to the [FCC] through ex parte communications or meetings.
5. What are the views of the other [FCC commissioners] on an a la carte requirement?
6. Do you believe the FCC has the authority under current law to order cable operators to provide programming on an a la carte basis? Do you believe the FCC has the authority to abrogate existing programmer contracts that require programming to be carried on a tier?
If the answer to either or both of these questions is in the affirmative, please identify the provisions of law that you rely upon.
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