美国联邦通信委员会废除广播电视所有权限制
Federal Communications Commission scraps limit on broadcast TV ownership

原始链接: https://www.nbcnews.com/business/media/federal-communications-commission-scraps-limit-broadcast-tv-ownership-rcna587641

联邦通信委员会(FCC)以2比1的党派投票结果,废除了长期以来对单一公司所能覆盖的美国电视家庭比例设定的39%上限。在主席布伦丹·卡尔(Brendan Carr)的领导下,委员会将转向个案审查流程,理由是这项已有20年历史的法规已过时,且不公平地限制了当地广播公司与Netflix和YouTube等数字巨头竞争。 此举对于包括Nexstar媒体集团在内的主要电视台所有者来说是一次重大胜利,这些公司一直寻求在不断变化的媒体格局中进一步整合。然而,该决定引发了强烈反对。包括民主党委员安娜·M·戈麦斯(Anna M. Gomez)、消费者权益组织以及参议员伊丽莎白·沃伦(Elizabeth Warren)在内的反对者认为,此举将引发大规模的媒体整合,减少观点多样性,并可能导致地方裁员。 批评人士还质疑FCC是否有权推翻国会制定的限制。权益组织“自由新闻”(Free Press)承诺将提起诉讼,挑战他们所称的“非法夺权”。随着行业为潜在整合的新时代做准备,该裁决预计将面临严格的司法审查。

美国联邦通信委员会(FCC)废除了一项执行了22年的法规,该法规曾禁止单一实体拥有覆盖全美超过39%观众的广播电视台。 此项决定在Hacker News上引发了激烈争论。批评者认为此举是公然越权,并指出39%的上限是由国会而非FCC制定的。许多评论者认为,这是为了方便像辛克莱广播集团(Sinclair Broadcast Group)这类偏右翼的大型企业进行媒体整合,从而实质性地集权化地方新闻的编辑控制权。对本届政府持怀疑态度的人则认为,这可能是一种蓄意的“引战”行为,旨在转移公众对其他政策的注意力,或是对立法授权的一次行政权力测试。 相反,也有人认为,随着流媒体和数字媒体的兴起,广播电视正变得日益边缘化,这使得所有权上限规定已不再适用。虽然一些参与者认为FCC的行动违法,并预计法院会将其推翻,但另一些人则对民主制度和法治的削弱表达了更广泛的担忧。这场讨论突显了人们对独立地方报道前景的深切焦虑,以及对公共广播资源垄断加剧的潜在担忧。
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原文

The Federal Communications Commission, the government agency that regulates the broadcast airwaves, voted Thursday to eliminate a cap on the share of U.S. television households a single company can reach, a major move that could pave the way for more corporate consolidation in the media industry.

In a 2-1 vote, the FCC repealed a 22-year-old rule holding that a company cannot own stations that reach more than a combined 39% of the U.S. television audience. The ownership limit will be replaced by a case-by-case approach.

The decision to remove the cap had been widely expected. FCC Chairman Brendan Carr last month wrote an op-ed for the conservative news website Breitbart calling the ownership limit an “outdated” policy that blocked local broadcasters from “gaining the same scale that their competitors are free to enjoy.”

“The cap no longer constrains the power of national programmers. Instead, it prevents local broadcasters from competing on a level playing field,” said Carr, a Republican who was appointed head of the FCC at the start of President Donald Trump’s second term.

The 39% cap has been in place since 2004, when Congress boosted a previous 35% limit set in the 1990s. The rule remained unaltered for more than two decades partly because it is codified in federal law.

Carr has contended that the FCC nonetheless has statutory authority to scrap the rule — a position that is likely to face legal pushback. Free Press, a progressive consumer group, said it planned to sue over the FCC’s “unlawful power grab.”

Anna M. Gomez, the lone Democratic commissioner on the FCC, blasted the vote in similar terms, calling it “unlawful on its face.”

“Eliminating the cap does not free local broadcasters from economic pressure, it just changes who is doing the squeezing,” Gomez said in a statement. “The large station groups positioned to grow even larger under this decision are not local broadcasters, they are national companies that own local stations and increasingly dictate what airs on them.”

The vote pitted Gomez against Carr and a third commissioner, Olivia Trusty, a Republican who was also appointed by Trump.

The FCC’s move delivers a win to Nexstar Media Group, the nation’s largest owner of local television stations. Nexstar is seeking to acquire rival broadcaster Tegna in a $6.2 billion deal, though a federal judge put the transaction on hold after eight state attorneys general filed an antitrust lawsuit. The combined entity would reach at least 60% of U.S. households.

Carr announced in March that Nexstar’s purchase of Tegna had been exempted from the 39% rule on a stand-alone basis, saying that decision was “consistent with longstanding FCC authorities.”

Nexstar and other top broadcast station owners have repeatedly urged the FCC to nix the limit, arguing that it prevented local TV channels from competing in a crowded media marketplace increasingly dominated by streaming video services, social media apps and other platforms that are not subject to similar ownership regulations.

“These rules were last updated before Netflix streamed a single movie, before the first iPhone, and before Instagram existed, and they continue to single out local broadcasters based on a competitive landscape that disappeared with the VCR,” a Nexstar spokesperson said after the FCC announced it would vote on the rule.

“No one would suggest limiting the reach of YouTube, Amazon, or CNN, yet local broadcasters are still forced to compete under rules written for a different century,” the spokesperson added.

Carr’s efforts to scrap the rule have drawn vocal opposition from some consumer advocates and lawmakers. The opponents of the rule change have argued that nixing the cap would accelerate media consolidation, trigger rounds of layoffs, shrink the pool of independent station owners and limit viewpoint diversity on the airwaves.

“Trump’s FCC Chair is trying to illegally rewrite the rules to make it easier for billionaires to line their own pockets while jacking up costs and controlling what Americans watch,” Sen. Elizabeth Warren, D-Mass., said. “After rubber-stamping the Nexstar-Tegna megamerger, this looks like the Trump administration’s latest attempt to roll out the red carpet for more antitrust disasters.”

The FCC’s critics have also repeatedly questioned whether Carr has the legal authority to change a policy put in place by an act of Congress.

“Brendan Carr cannot undo the limit that Congress set just because he feels like it,” said Matt Wood, the vice president of policy and general counsel at Free Press.

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