The theory
behind the rules is that, in allocating a limited spectrum of
communications frequencies, the government must insure that there are
enough different voices, opinions and news gatherers to keep its
citizens informed.
Never before has a corporate merger threatened to exceed the
current limits on concentration of media ownership. But two of this
year's biggest deals -- Viacom's acquisition of CBS, announced
Tuesday, and AT&T's pending purchase of Mediaone -- cannot be
completed without either changes in the rules or significant
divestitures.
Hoping to avoid selling assets that could be combined profitably,
top executives of the companies told the Federal Communications
Commission last week that the concentration rules are now archaic --
obsolete in an Internet world that unshackles producers of programming
from old economic restraints and assures diverse voices and original
content.
"There is no question that that rule is no longer relevant in a
broadband Internet world," Mel Karmazin, chairman and chief executive
of CBS, said of the regulation that would force Viacom and CBS to sell
some stations to stay within caps limiting a company to stations
serving 35 percent of the nation's homes.
A remarkably similar position was articulated to challenge similar
rules governing cable TV systems. To replace regulations left
unenforced after an adverse court decision seven years ago, the FCC
had been prepared to issue new rules this week, but postponed them for
at least a month after fierce lobbying from AT&T.
"Very significantly, the market has changed," said James Cicconi,
general counsel and head of government relations for AT&T, which
with the Mediaone acquisition will become the nation's largest cable
company. "The government should now take a look at whether the
original rationale of the rule is still valid -- namely, the ability
to bottleneck programming."
What's the answer? Has the Internet indeed promoted new and
original voices to the point that traditional concerns about diversity
of content can be abandoned? Or -- despite the easy, low-cost access
it provides to a cybermarketplace of ideas -- is the Internet quickly
coming to be dominated by a handful of big corporations, just like
television, radio, the movies and newspapers before it?
Some critics are concerned that the arguments put forward in favor
of media mergers confuse content with delivery -- that while there may
be many new channels being created to deliver information, there is
remarkably little original information being gathered or produced.
At bottom, these analysts say, media companies are making claims
for a diversity that simply doesn't exist.
"The same big players are every bit as keen on swallowing the
Internet as they have the traditional media," said Mark Crispin
Miller, director of the Project on Media Ownership and a professor of
media studies at New York University. "The consensus is that the
Internet is getting less diverse and more homogenized as it becomes
more commercial."
Certainly, trends in the older media are hardly reassuring for the
Internet.
The declining number of American newspapers is an old story. Where
a half century ago there were some 2,200 daily newspapers, there are
now about 1,500; more importantly, most cities have only one.
Radio has fallen on even harder times. While it used to be that
many stations in even mid-sized cities had their own reporters, that
has become the rare exception. Instead, most stations rely on the same
handful of national and local news services.
Metro Networks, a Houston-based company that supplies traffic,
weather, and sports reports to about 1,700 radio stations, has lately
become a huge new presence in radio news, often supplying coverage to
many stations in one market, sometimes with the same reporters
appearing on several stations under different names to give the
appearance of competing, exclusive reports. In New York, for example,
Metro works for 41 stations.
While the number of television stations has grown sharply, from 96
in 1950 to 1,216 this year, studies show consistently that they give
local news short shrift. "There is actually more local news than there
used to be," said Janine Jaquet, research director for the Media
Ownership Project. "The flip side is that a lot of this stuff is
coming from fewer sources."
Many stations rely heavily on wire-service offerings, syndicated
features and the kind of crime and violence stories that they -- and
their competitors -- can cover easily by listening to a police
scanner, and neglect other topics.
"A principal accused of child abuse makes the news; general
problems in education don't," said Paul Klite, executive director of
the Rocky Mountain Media Watch, a Colorado organization that studies
news content around the nation.
The television industry points to cable as evidence that new media
give rise to new sources of information. C-Span brings live
congressional proceedings into cable subscribers' living rooms, and
three 24-hour news and information channels -- CNN, MSNBC and Fox News
-- vie for viewers' attention. Moreover, cable systems in a growing
number of cities and regions are now offering 24-hour local news
channels that some analysts say are bringing original reporting to
their areas.
Still, some of cable's early promises of diversity have gone
largely unfilled. In exchange for their local monopolies, for example,
many cable companies vowed to serve the public interest by devoting
channels to such civic-minded topics as local government, education
and the arts. But in many cities, critics say, public access
programming is mediocre at best.
"The public access channels on cable are virtually entirely
unused," said Lawrence Grossman, the former president of both NBC News
and PBS, at a Fordham Law School symposium earlier this year on the
impact of large media mergers. "The last I saw, 18 percent of public
access education and government channels were being used. And when
they are used, they are virtually unwatchable."
Some viewers prefer a camera's unmediated broadcast of a city
council meeting to a reporter's filtered account. But analysts say
neither public access programming nor cable TV's heated chat-show
debates substitute for original investigative reporting, or even the
pedestrian but thorough coverage of public affairs once provided by
local and national broadcasters.
"What you've got is a huge diminution of the number of voices
providing information that is necessary for an informed citizenship,
and the Internet doesn't change that," said Andrew Jay Schwartzman,
president of the Media Access Project, a Washington group that
promotes diversity on the airwaves.
"It certainly reduces the barriers to organizing and to discourse.
That's important for democracy," he said. "But it's no replacement for
journalism and news gathering."
By all accounts, the Internet was supposed to break the mold of the
older technologies by offering a vast new array of voices and
opinions. And indeed, a rich cast of original content of varying
degrees of usefulness now flows from the Internet, from The Onion and
Salon to Matt Drudge.
But while experts are divided over what the Internet may look like
in the future, many agree that the most popular Web sites -- all
controlled by commercial interests -- are already beginning to look
alike.
"The notion that technology will create competition and new voices,
and so we don't have to worry about these companies getting bigger, is
false," said Robert W. McChesney, a professor of communications at the
University of Illinois and author of a new book, "Rich Media, Poor
Democracy" (University of Illinois Press, 1999).
McChesney maintains that powerful economic forces will inevitably
lead to the domination of information on the Internet by today's media
giants.
First, he said, because they have the newsrooms and production
studios, the big media companies already control the means of
producing the Internet's content. Even wealthy companies like
Microsoft, he noted, have found it difficult to compete.
Second, McChesney said, established media companies already have
both brand names that will attract viewers and relationships with
advertisers.
Third, it is the established companies, he said, not the start-ups,
that have the wherewithal to invest in the Internet for the long term,
swallowing heavy losses for a few years in the hope of gaining
longer-term profits.
And in any event, his research shows, about half of the venture
capital provided to Internet start-ups is coming from established
media companies. So they are likely, he said, to have a big interest
in many of the new Internet companies that survive.
Other experts, of course, are more optimistic, seeing the Internet
as a powerful forum for diverse and informative voices.
Andrew L. Shapiro, a senior adviser at the Markle Foundation, has
recently written a book titled "The Control Revolution: How the
Internet is Putting Individuals in Charge and Changing the World We
Know" (Century Foundation/Public Affairs, 1999).
He points to what happened in December 1996 when Slobodan
Milosevic, the Yugoslav leader, shut down an independent Belgrade
radio station, Radio B92, which had regularly aired news of protests
against his regime. The station rerouted its programming to the
Internet, where it was available to computer users in Serbia and
around the world.
"That was an outstanding example of how human rights advocates can
use the Internet in ways they could never use television or newspapers
to get around a thug like Milosevic," Shapiro said.
"It's certainly true that a lot of things that happened with cable,
television, and radio -- that have led to the dumbing down of content
-- are now happening on the portal sites," he continued. "But I'm
still optimistic. A lot of it will take steering people to the
appropriate content: away from the commercial portals to the more
diverse sites."
While there will almost certainly be congressional hearings on the
Viacom-CBS merger, there has been far less hand wringing among
lawmakers about the recent information industry deals than there used
to be even just a decade ago, when the trend of mega-media mergers
began to take off.
Paul Wellstone, D-Minn., who was the only senator to openly
criticize the Viacom-CBS deal for its possible effects on public
discourse, said that the politicians' silence was a clear reflection
of both Washington and media economics. There is no lobby these days
for media populism.
"When you look at the mix of money and politics, it's all on one
side," Wellstone said. "The political dialogue and political
imagination is set within a narrow parameter."