On October 26, 2004, Federal Communications Commission (FCC) Chairman Michael Powell unilaterally granted waiver requests for potential indecency violations to radio host Ronn Owens (810 KGO AM) - without the required approval of the FCC.
During the broadcast, FCC Chairman Powell guaranteed the radio host a "license waiver free zone," "no matter what." Listen to the audio and read partial transcript of the program here.
It is disturbing that a single commissioner, acting alone on behalf of the entire FCC, feels that such unilateral approvals are appropriate and permissible. Mr. Powell should be aware, and as an attorney particularly so, that even though Chairman, he is one of five equals and the commission acts as a whole, not by individual fiat.
Mr. Powell exceeded the limits of his authority. Alert the other FCC commissioners here:
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1. Copy the Alert letter (below)
2. Paste & send it to the FCC via email here
3. Post a comment here, to give us feedback on the # of complaints
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January __, 2005
Commissioner Kathleen Q Abernathy
Commissioner Michael J Copps
Commissioner Kevin J Martin
Commissioner Jonathan S Adelstein
Dear Commissioners:
An event recently occurred that is relevant to your responsibilities as FCC Commissioners.
On October 26, 2004, talk radio host Ronn Owens interviewed FCC Chairman Michael Powell on station 810 KGO-AM in San Francisco, CA. At the commencement of the interview, Mr. Owens requested a waiver from Commissioner Powell in case any indecent language would be used during the hour-long broadcast.
To my surprise and dismay, Mr. Powell, without hesitation, granted the waiver request - not once, not twice, but six times. Following are excerpts from the transcript:
Ronn Owens: “OK. Michael Powell is the head of the Federal Communications Commission. First of all, do I get a blanket OK for the, this entire hour, no matter what we say, you’re not going to yank the license of this radio station?”
Michael Powell: “You’re good to go. This is a license-free zone.”
Ronn Owens: “License-free, from now till ten o’clock?”
Michael Powell: “License waiver free zone.”
Ronn Owens: “No matter what I ask?”
Michael Powell: “No matter what.”
It is disturbing that a single commissioner, acting alone on behalf of the entire FCC, feels that such unilateral approvals are appropriate and permissible. Alarming to me, and I trust to each of you, was that Mr. Powell took the liberty of granting these waivers without any legal representation or FCC staff consultation, absent your respective participations, and without the consent of the commission as a whole.
As you are aware, the issue of censorship of the public airwaves is the subject of much political discussion and debate. The FCC's inconsistent and vague interpretations of "indecency" has confused broadcasters, leading to today's climate of extreme self-censorship for fear of fines or license revocation.
Broadcast regulations - and their administrators - need to be clear, consistent and fair. Mr. Powell's arbitrary and capricious action has only served to increase the confusion of broadcasters. Would Mr. Powell give the same "blanket ok" and immunity to licensees that broadcast Howard Stern, Janet Jackson or Bono?
I am not aware of any similar action by an acting member of the FCC. Mr. Powell's action seems illegal, imperious and certainly disrespectful of his fellow commissioners. Mr. Powell should be aware, and as an attorney particularly so, that even though Chairman, he is one of five equals and the commission acts as a whole, not by individual fiat.
If Mr. Powell's waivers violated FCC rules, the Commission should remind Mr. Powell of the limits of his authority. Furthermore, if this is not the first time that Mr. Powell has exceeded his authority, censure by the Commission or impeachment by Congress might be in order.
Could you please clarify the FCC charter with regard to these apparent violations by Mr. Powell, and your proposed resolution? Could you please advise as to your plans to prevent future abuses of authority by commissioners?
The broadcast community and the public deserve a response on this very important matter.
Thank you for your consideration.
Excellent article and commentary!
Posted by: Residual Income | May 10, 2008 at 11:39 AM