Office of Communications, Inc.

UCC Media Justice Update

Sustaining our Leadership Role, UCC Members Speak out in Federal Court to Stop Media Mergers

Friday April 12, UCC OC Inc. continued its effort to block federal rules that are permitting vastly increased consolidation in television, radio and newspapers in local communities. Following up on its opening brief, filed last December, UCC OC Inc. and its allies filed their response to the Federal Communications Commission and industry briefs which defend consolidation. 

 

The question of legal "standing" is an important issue at this stage of the case. In order to bring a lawsuit, a person or an organization must have standing, that is, must demonstrate that they have been, or will be, harmed by the actions they are challenging. The UCC has a special connection to legal standing, as OC Inc.'s groundbreaking lawsuits in the 1960s under the leadership of Rev. Everett Parker, established the right of viewers and listeners to participate at the FCC and in court. Today, the doctrine of standing has been narrowed over the years by the courts, raising barriers to participation. Without standing, ordinary people and public interest organizations cannot legally protect the rights of viewers, listeners and independent content creators.

 

In the case of the current suit, UCC OC Inc. showed that the church has standing--through harm to its members and harm to its own work caused by the federal rule changes. To do this, UCC OC Inc. relied on declarations of a proud UCC member and its board chair. OC Inc. is very grateful to Tony Miller, of St. John's UCC in Chambersburg, PA, near Harrisburg. His declaration showed that if local TV news is degraded, he might have trouble protecting the earth by tracking the permit approval process of a local powerline proposal. He would also have less information about his home community of Shippensburg, PA, and would receive even less information about local efforts to protect LGBTQ rights or local primary elections. UCC OC Inc.'s board chair, Earl Williams, Jr., member of South Euclid UCC in Cleveland, explained that the church's work as a whole is harmed by media mergers and the lack of representation in media and news. Citing the General Synod resolutions on Anti-Racism in the Church, Williams explained that when members of the church do not receive sufficient information from local media, the UCC "must work harder to educate our members about the history of race in the United States, the impact of structural racism, and the present-day incarnations of that racism."

 

Ravi Kapur, winner of OC Inc.'s 2017 McGannon Award and member of Free Press (one of the other participants in the suit) described the impact of consolidation on his efforts, as an entrepreneur of South Asian descent, to serve underserved communities. He owns TV stations in Chicago, San Francisco, and Orlando and in Fargo, ND and owns Diya TV, the first 24-hour U.S. broadcast network serving the South Asian audience, broadcasting to more than 70 million people in a dozen markets nationwide. Kapur described the challenges of expanding his company and successfully serving communities in given widespread media consolidation. He highlighted the innovation creative station owners can bring, explaining his TV station in Fargo "produces more local programming than every other television station in North Dakota combined" and his new efforts to create a new stream of Native American programming there.

 

These UCC members and allies are helping to push back rules that will permit more consolidation in local media. If these rules had not been changed, mergers like the mega-merger proposed by Sinclair Broadcasting or the Nexstar takeover of Tribune would not be possible. Studies show that people still rely tremendously on local TV news--even people who read their news on the Internet rely on local TV journalism, especially at the current time when so many local newspapers are failing.

 

Your support of OC Inc.'s work makes this effort possible.

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Mourning the New Zealand Massacre and Resisting Online Hate

The tragic news this morning about the terrorist attack on Muslim faithful while praying in a Mosque sickened us. We join with the statements of the national setting of the United Church of Christ in condemning white supremacy, racism, Islamophobia, anti-immigrant sentiment and hatred of all kinds and to reject the times when Christian doctrine has been used to justify these vile beliefs, an attitude that was cited in the manifesto of the arrested suspected shooter. 

 

As a supporter of the Change the Terms Campaign, UCC OC Inc. joins with its colleagues in re-committing itself the our efforts to do our part by working to eradicate hate online. We strongly encourage all social media platforms and other platforms whose infrastructure supports hate--and fails to stop hateful violence--to adopt and implement the Change the Terms model terms.

 

The Change the Terms policies would require internet companies to adopt policies to stop hateful activities, to ensure their systems to report hate online are fairly implemented, to hold themselves accountable and publicly share detailed data and reporting on its efforts. A company complying with Change the Terms would constantly evaluate and improve its tools and products to ensure no community is the target of hateful violence. 

 

In particular, today with Change the Terms and other partners, we call on internet companies to use all existing capacities to immediately remove the video of today's attack from their services. We call on everyone to not share these videos or the document and to flag them to internet companies for removal.


Organizations can endorse Change the Terms and individuals can sign the petition.

 

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Categories: Online Hate

Trump FCC Affirms Operating Blind for 15 Years on Equal Employment Opportunity

Today the Trump FCC refused to comply with the law. The Communications Act requires the FCC to collect broadcasting and cable equal employment opportunity (EEO) data. While the Bush FCC voted to collect that data in 2004 under then-Chairman Michael Powell, the FCC's leadership has ignored its statutory obligation for 15 years and reaffirmed that refusal at today's open meeting.

The Leadership Conference on Civil and Human Rights raised this concern with the FCC last summer when the FCC expended resources to eliminate an inconsequential form while ignoring its must more important legal obligation to collect EEO hiring data. 

 

Commissioners Starks and Rosenworcel raised this question with Chairman Pai this week. Mr. Pai refused to take action to collect the data even though the data collection form is approved and ready to go and one minor open issue has been ready for a decision for 15 years. We are particularly grateful to Commissioners Starks and Rosenworcel for raising these important civil rights issues which were ignored in the draft of the order that was originally released by the FCC.

 

UCC OC Inc. has a special connection to this question. In 1967, Dr. Everett Parker, OC Inc.'s founder, petitioned the Federal Communications Commission to adopt pro-active equal employment opportunity (EEO) rules. The following year, after a significant public outcry and the 1968 Kerner Commission report highlighting the negative impact of media coverage which ignored people of color, the Commission adopted those rules. They stood at the forefront of a series of FCC and EEOC efforts which revolutionized EEO obligations and practices throughout the media and telecommunications industry. In 1992, Congress institutionalized these rules into law.

 

While the FCC paused its data collection in 2002 and 2003 after two problematic court decisions, the Bush FCC affirmed in 2004 that collection of statistical data had no constitutional implications and were not barred by those court decisions. The Commission has only one final loose end to wrap up (on the appropriate confidentiality treatment of EEO data) in order to collect EEO statistics.

 

Without data about who is being hired, the FCC and the public have no idea whether the recruitment rules and efforts are working. Today many Silicon Valley companies voluntarily release employment statistics as a form of holding themselves accountable. There is no excuse that broadcasting, which uses public airwaves to operate, does not face the same accountability.

 

The FCC has been failing to collect and use the data about who owns television and radio stations and today has seemingly committed to completely ignoring who works in television and radio. Chairman Pai just created a new Office of Economics and Analytics, but is not collecting the data his agency is required to collect. 


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Celebrating Christmas with a Suit for Media Justice

Today the United Church of Christ's media justice ministry put the week just before Christmas to good use by continuing its long-standing campaign for equity in communications. UCC OC Inc. joined with allies in federal court contesting the Federal Communications Commission's failure to consider the negative impact the FCC's decisions have had on the total number of TV and radio stations owned by people of color and women. In 2017 the Trump FCC changed several rules that will permit significantly more consolidation, particularly in local television markets. Consolidation means fewer voices in local communities and fewer chances to hear from people underrepresented in television.

 

The case, titled Prometheus Radio Project v. FCC, is the fourth law suit since 2002 demonstrating that the FCC has not fulfilled its obligation under law to ensure ownership diversity in broadcasting. The FCC lost all three prior rounds.

 

"The FCC–again–completely failed to lift a finger for people of color and women hoping to own broadcast stations," said Cheryl A. Leanza, OC Inc.'s policy advisor and also lead counsel on the brief. "The federal court in Philadelphia has told the FCC three times that it must take a hard look at how consolidation might harm ownership by women and people of color. The FCC continues to whistle in the dark but take no action."

 

UCC OC Inc. is pleased to work alongside its valuable allies, Common Cause, Communication Workers of America, Free Press, Media Mobilizing Project and Prometheus Radio Project in this important campaign for racial and gender justice in communications.

 

Additional filings will be submitted to the court in February and March. Oral argument is anticipated in Philadelphia in the spring. Best Best & Krieger LLP offered pro bono support on the brief.

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Affordable Communication Is Under Attack

Cheryl A. Leanza published an op-ed today online in Sojourners describing the importance of the Lifeline program, the only federal program targeting the affordability of communications. Read it on the Sojourners web site.



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