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This 1996 Circuit Court opinion upholds a provision of the 1992 Cable Act that mandates noncommercial educational or informational programming on 4-7 percent of DBS operators’ channel capacity…
This 1996 federal Circuit Court opinion upholds a provision of the 1992 Cable Act that mandates noncommercial educational or informational programming on 4-7 percent of DBS operators’ channel capacity [DBS provision]. The law was not challenged by DBS operators but by Time Warner, which opposed many provisions of the Cable Act. The decision was a major victory for public TV, which had tried for years to obtain reserved channels in the new media that would be comparable to the FM and TV channel reservations of earlier decades. [Current coverage: appeal verdict, FCC rules.]
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 20, 1995; Decided August 30, 1996
No. 93-5349
TIME WARNER ENTERTAINMENT CO., L.P., APPELLANT/PETITIONER
v.
FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA, APPELLEES/RESPONDENTS
ASSOCIATION OF AMERICA’S PUBLIC TELEVISION STATIONS, ET AL., INTERVENORS
Consolidated with Nos.
This 1996 Circuit Court opinion upholds a provision of the 1992 Cable Act that mandates noncommercial educational or informational programming on 4-7 percent of Direct Broadcast Satellite operators’ channel capacity (DBS provision). The law was not challenged by DBS operators but by Time Warner, which opposed many provisions of the Cable Act. The decision was a major victory for public TV, which had tried for years to obtain reserved channels in the new media that would be comparable to the FM and TV channel reservations of earlier decades. (Current coverage: appeal verdict, FCC rules.)
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 20, 1995; Decided August 30, 1996
No. 93-5349
TIME WARNER ENTERTAINMENT CO., L.P., APPELLANT/PETITIONER
v.
FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA, APPELLEES/RESPONDENTS
ASSOCIATION OF AMERICA’S PUBLIC TELEVISION STATIONS, ET AL., INTERVENORS
Consolidated with Nos.
Before the Federal Communications Commission
Washington, D.C. 20554
In the Matter of Deletion of Noncommercial Reservation of Channel *16, 482-488 MHz, Pittsburgh, Pennsylvania
MEMORANDUM OPINION AND ORDER
Adopted: July 24, 1996
Released: August 1, 1996By the Commission: Commissioner Ness issuing a statement; Commissioner Chong concurring and issuing a statement in which Commissioner Quello joins. 1. The Commission has before it for consideration a “Petition to Delete Noncommercial Reservation” filed on June 24, 1996 by WQED Pittsburgh (WQED or the Company), licensee of noncommercial educational television stations WQED(TV), Channel *13 and WQEX(TV), Channel *16, Pittsburgh, Pennsylvania. WQED requests that its Channel *16 allotment be dereserved in order to permit commercial broadcasting on Channel 16 in Pittsburgh, and that it be permitted to assign WQEX(TV) to a commercial licensee and use the net proceeds to further WQED(TV)’s noncommercial broadcast operation. WQED’s petition is filed pursuant to the Department of Justice and Related Agencies Appropriations Act of 1996, Pub.
Bill Moyers’ keynote at the PBS Annual Meeting, June 23, 1996, grabbed many of the pubcasters where they live, and invited others to come home. Producer Stephen Ives, a second-generation professional in public TV, said later that Moyers’ Sunday-morning talk reminded him “why I was so proud of what my father did for a living.” I must tell you that being here feels very good. Two years ago you invited me to be with you in Florida to celebrate my 60th birthday but I wound up having heart surgery instead and couldn’t come to blow out the candles. But it was a moment I’ll never forget when all of you sang “Happy Birthday” to me over an open telephone line.
You may have recently reacquainted yourself with this classic public TV mini-series. The American Program Service and 20 stations have brought it back for a third set of broadcasts this year, after a few runs on Bravo. Here, David Stewart reminds us of the quality, scope and impact of the production when it premiered in this country 14 years ago. On Monday evening, Jan. 18, 1982, the 11-part, 13-hour television series Brideshead Revisited broke over the PBS audience with the suddenness of a storm.
Ralph P. Forbes, and The People, Appellant, v. The Arkansas Educational Television
Commission, and its Board of Directors in their Official Capacities; The Arkansas
Educational Telecommunications Network Foundation, and its Members and Officers
Susan J. Howarth, in her Official Capacity as Executive Director; Victor Fleming,
in his Official Capacity as Chairman; G. E. Campbell, in his Official Capacity
as Vice-Chairman; Dr. Caroline Whitson, in her Official Capacity as Secretary;
Diane Blair, in her Official Capacity as Commissioner; S. McAdams, in his
Official Capacity as Commissioner; James Ross, in his Official Capacity as
Commissioner; Jerry McIntosh, in his Official Capacity as Commissioner; Lillian
Springer, in her Official Capacity as Commissioner; Amy L. Oliver, in her
Official Capacity as Production Manager; Bill Clinton, his Official Capacity
as Governor of the State of Arkansas; John Does, Sued as certain “John Doe”
crooked, lying politicians and political “dirty tricks” operatives and special
interests, etc.; KHBS TV/Channel 40 UHF; KHOG TV/Channel 29 UHF; American
Broadcasting Company, Agent Darrel Cunningham; Steve Barnes, KARK TV, 4 Eye-Witness News and AETN Producer; Oscar Eugene Goss, Arkansas Educational Television
Network; Carol Adornetto; Larry Foley; Lavenia Craig, in her Official Capacity
as Commissioner; Robert Doubleday, in his Official Capacity as Commissioner,
Appellees. No. 95-2722WA
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
93 F.3d 497; 1996 U.S. App. LEXIS 21152
April 11, 1996, Submitted
August 21, 1996, Filed
PRIOR HISTORY: [*1] On Appeal from the United States District Court for the
Western District of Arkansas. Civil 92-2190.
Introduced by Rep. Jack Fields, 1996; no action taken
A bill governing the phase-out of federal appropriations to CPB, introduced in the House, Feb. 28, 1996, by Rep. Jack Fields (R-Tex.), then chairman of the House telecommunications subcommittee. Cosponsors: Porter, Oxley, Moorhead, Schaefer, Barton (Tex.), Hastert, Gillmor and Frisa. This text was originally posted on the Library of Congress web site. To ensure the financial self-sufficiency of public broadcasting, and for
other purposes.
Like Norman Corwin, the exceptional radio producer profiled in the last issue of Current, Frank Baxter had his great broadcast successes on the cusp, just before his medium became too commercially successful to continue airing the kind of programs that made Corwin and Baxter famous. Both were forerunners of today’s public broadcasters. This Baxter profile was written by CPB’s director of international activities, David Stewart as part of his history of public television programming. When he died in 1982 many were astonished: Frank Baxter still alive in the ’80s! Many remembered him as mature, if not quite elderly, nearly 30 years before when he grasped national attention simply by talking to a TV camera about Shakespeare’s plays and poetry.
At the threshold of the new millennium, another Congress has the opportunity to allocate a portion of a precious national asset to an equally historic investment in the education of our people.
This commentary traces public broadcasting back to its earliest days and its root principles of populism and public education. Media historian Robert W. McChesney, founder of the citizen group Free Press, draws on his 1993 book Telecommunications, Mass Media, and Democracy: The Battle for the Control of U.S. Broadcasting, 1928-1935 (Oxford University Press). This is an edited version of McChesney’s March 1995 talk at the University of California, San Diego. Though the federal contribution to public broadcasting is being extended, if at a reduced rate, for two or three more years, the handwriting is on the wall: there may be no more government subsidized broadcasting in the United States by the end of the decade. I believe that it is very much in the public interest for the nonprofit, noncommercial media to be expanding instead.
A longtime NPR correspondent — then vice president in charge of the network’s news division — adapted this article from his remarks at Washington State University. Buzenberg later held top news posts at Minnesota Public Radio before moving to a prominent nonprofit newsroom, the Center for Public Integrity. Critics of sleaze, sex and violence in movies, music and the media have given public broadcasters their best chance yet to make a positive case for the value of public broadcasting to American society. In contrast to the anything-goes-as-long-as-it-makes-money values of some commercial media, public broadcasters have a compelling story to tell. It is a story of high standards and public-service journalism, even though public broadcasting also has been under attack, the most serious since it was established by Congress in 1967.
This is the view from Martin Goldsmith, then host of NPR’s daily classical music program Performance Today, who served as announcer, producer and program director at Washington’s WETA-FM between 1974 and 1986. From the same thinking that has offered “seamlessness,” “affinity,” “modes” and “appeal-driven programming” as ways of capturing the public radio audience now comes “customer service.” At first glance, this concept seems perfectly reasonable, even admirable. It conjures up images of the radio programmer as shopkeeper, hustling to fill his customers’ orders, keeping them satisfied so that they’ll continue to place their orders at that familiar stand on the dial. With customer satisfaction, so the theory goes, comes customer loyalty …
In 1995, Current asked three of public TV’s highly regarded program-makers to write “Dear Impresario” letters to the next chief programmer at PBS — a position then vacant. Danny Schechter is the executive producer of Globalvision Inc., producers of Rights & Wrongs: Human Rights Television, which the previous PBS programmer, Jennifer Lawson, had declined to distribute. PBS’s future rests on a “vision thing.” We all know that systems generally are resistant to change, and that managers of most of our most venerable and vulnerable enterprises tend to be risk-adverse and prudent, seeking to be safe rather than sorry. Yet as we look at the landscape of modern life, we can see the wreckage of those institutions that clung to old ways of thinking and doing in a turbulent world.
If public broadcasting loses its federal aid, it’s “highly unlikely” that it will recover the same amounts by increasing revenues from product licensing, individual contributors or local and state governments, an economics consulting firm reported back to CPB last week. Moreover, “the nature of public broadcasting will inevitably change” if the field loses its federal assistance, according to National Economic Research Associates, a White Plains, N.Y., firm that presented conclusions of its CPB-commissioned study to the CPB Board on March 14. Steven Schwartz, v.p. of NERA, also estimated that public broadcasting has a value of $2.8 billion to $4.3 billion to the American public–far more than the $1.8 billion from all sources that are spent on it, or the $285 million that Congress appropriated for this year. The study responded to remarks by public broadcasting’s opponents on the CPB funding issue, who contend that the field could easily replace the federal aid. No easy options
Revenues from product licensing are “too small and uncertain to be relied upon,” Schwartz told the CPB Board.
Three polls taken last month gave majorities of 62 to 84 percent favoring CPB’s federal funding. Then, a few days later, comes one showing the public 63 percent okaying cutbacks. Why such a flip-flop? “Question wording can move poll results very drastically,” replies John Brennan, polling director at the Los Angeles Times, which published the fourth poll. In the first three polls, the questions about CPB appropriations simply asked whether the funding should be continued or eliminated or, in the case of PBS’s own commissioned poll, whether it should be increased, maintained or decreased.
The little town where I grew up — Manning, S.C. — was small enough that we could walk to church on Sunday. My Sunday School teacher was a Southern matriarch named Virginia Richards Sauls, one of nine daughters of a South Carolina governor. Miss Virginia, as we called her, never tired of telling us the great stories of the Bible. Her favorite was the Parable of the Talents. In that parable, a rich man leaving on a journey entrusts his property — measured in what were called talents — to his three servants for safekeeping.
Pulitzer Prize-winning playwright Wendy Wasserstein wowed a lunchtime audience at the Public Television Annual Meeting in June 1994 with her personal testimonial for public TV, relating her experience in terms far more vivid than the bland, generic phrases usually used to describe and defend the medium. Wasserstein received the Pulitizer as well as a Tony and other awards for her play The Heidi Chronicles in 1989. From the podium at the PBS conference, Wasserstein looked out on a vast dark room full of noshing broadcasters … When WNET invited me to speak to this intimate little luncheon in Orlando today, I jumped on a plane because I had nightmare visions of an imminent merger, and Donald Duck and Mickey Mouse hosting the MacNeil/Lehrer Report and Charlie Rose opening his show by singing, “Be my guest, be my guest . .
This article is based on remarks by Marshall Turner, then chair of the CPB Board, at the board’s Jan. 27, 1994, meeting. Turner is an engineer and partner in the San Francisco venture capital firm of Taylor and Turner Associates and a longtime board member of PBS and KQED-TV/FM. Some say that the advent of new media — in particular, the challenge of cable television — has decreased the need for public broadcasting and its partial federal support. The opposite is true.
The old-timers wandered curiously among the shelves, munching cookies and poking into file boxes, looking casually for their footprints in the history of public broadcasting. It was the concluding field trip of this month’s Public Broadcasting Reunion [related article] — a bus ride from Washington to nearby University of Maryland at College Park, where the new National Public Broadcasting Archives is open for business. Donald R. McNeil, the founding director, and Thomas Connors, his designated successor, showed off a facility that already has:
2,500 shelf feet of corporate records from CPB, PBS, NPR and other organizations;
360 shelf feet of personal papers and dozens of oral histories of the field;
5,600 audio tapes from the National Association of Educational Broadcasters, WAMU-FM and WETA-FM; and
3,000 videotapes from PBS, WETA-TV, Maryland PTV and other sources, among other things. Five hundred file boxes from Children’s Television Workshop are on the way, and 800 more reels from NPR. Standing in the high-ceilinged, half-empty room in the basement of the university’s Hornbake Library, Connors invited the visitors to talk with the archives about old correspondence, reports and other items that might make the day of some future historian.