The FCC has proposed an important rule change that could make the political system more transparent. Amazingly, the trade associations representing the local TV news industry are opposing it.
In exchange for being given the broadcast spectrum by taxpayers for free, broadcasters have long been required to fulfill certain “public-interest obligations” to communities. These used to be fairly significant; now they mostly entail compiling and maintaining a “public-inspection file” that citizens can examine. (For more on the history of the public interest obligations, see pages 276-296 in The Information Needs of Communities”.)
One of the most interesting components of the file: broadcasters are required to keep a log of the political advertising that airs on their channel. This is a potential gold mine of information about who is spending what. The requirement applies to all races—national, state, and local—and issue ads, and must be posted rapidly (usually within forty-eight hours). Stations also must maintain a list of the executives or members of the board of directors of the groups buying the ads.
To be clear, this is what broadcasters are already required to assemble. They mostly do it on paper and store it in filing cabinets at their offices.
The FCC’s proposal is breathtakingly obvious: move the material online. The commission decided not to ask for any additional information for the political file. It merely said that what stations currently collect on paper, they should instead put on the Internet. (Full disclosure: the commission’s proposal is based on a report of which I was the lead author.)
Yet it has provoked a strong, negative reaction from local TV stations. The National Association of Broadcasters and a group of state associations of broadcasters argue that it would dramatically increase the burden on local stations, since some of the files are updated frequently during campaign season. One broadcaster predicted they would have to add eight new staffers to manage such a new system. While they agreed that some other parts of the “public inspection file” could go online, the say the political file should be exempted from that policy.
On the burden point, I would merely note that most of the rest of the world has figured out ways to use the Internet to reduce workload and cost. I’m not sure the broadcasters want to take the position that they will be the one industry that can’t possibly be expected to use the Internet to improve efficiency.
But lest we get lost in the implementation weeds, let’s put this “political file” proposal in a larger context.
This approach ought to have broad ideological support. The Supreme Court’s Citizens United vs. the Federal Election Commission decision was, of course, very controversial because it allowed more types of unlimited campaign spending.
But here’s what people often forget: the conservative justices who wrote that decision said that such a laissez faire system worked if there’s proper and robust disclosure. Indeed, it is a premise of their approach. Justice Anthony Kennedy wrote (pdf):
With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters. Shareholders can determine whether their corporation’s political speech advances the corporation’s interest in making profits, and citizens can see whether elected officials are ‘in the pocket’ of so-called moneyed interests The First Amendment protects political speech; and disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.
This opinion echoed the Court’s decision when it upheld disclosure requirements in Doe v. Reed. Justice Antonin Scalia wrote: “Requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed. For my part, I do not look forward to a society which, thanks to the Supreme Court, campaigns anonymously and even exercises the direct democracy of initiative and referendum hidden from public scrutiny and protected from the accountability of criticism. This does not resemble the Home of the Brave.”

The linked PDF provides some insight on another reason why broadcasters are fighting the proposals: competitive concerns.
If campaign spending over the airwaves must be disclosed in an online trackable way, it sounds as if the NAB is concerned that requirement will push more customers into using new tools that aren't tracked: spending on Youtube and other online and social media.
It's a fair point, from a competitive business perspective. And it shows a hole in keeping things transparent: If regulations encourage political ad spends to move away from tracked, disclosed media, how will transparency be maintained?
Unacknowledged by the NAB folks: Younger audiences are moving away from media over airways anyway. Smart political ad spends will migrate too. The reasons for the audience migration are often economic and about content, and favorable or unfavorable FCC regulations won't change that migration, as long as we have cheap electricity and increasing broadband availability (and Viagra ads, local car dealer ads and political ads dominating local TV.)
#1 Posted by Andria Krewson, CJR on Fri 30 Dec 2011 at 08:44 AM
It is beyond absurd that broadcasters, who are given (at no cost) exclusive access to segments of the electromagnetic spectrum (a public resource of incalcuable value) are complaining about minimal disclosure of the obscene amount of money they are making from our system of elections. No viewers are interested in watching the attack ads that the moneyed interests use to eviscerate their political opponents. They are barraged by them--the price one pays for televised entertainment.
The networks ought to be enjoined from taking any political ad money. The FCC should force them to allocate times for the candidates to debate in return for their exclusive use of bandwidth. That is how to conduct a political campaign. Nothing would minimize the influence of money on politics more than forcing broadcasters to actually perform the public service of providing a platform for candidates to debate during elections.
When I attended Columbia University, Fred Friendly was still working at the School of Journalism. There was still a Fourth Estate in America, capable of bringing down demagogues like Joe McCarthy and questioning ill-conceived wars and legislation. What does television contribute to democracy now other than its torturous demise via pseudo-journalism?
#2 Posted by Carl Gettleman, CJR on Mon 9 Jan 2012 at 12:54 AM
How about this: The FCC prohibit any use of campaign funds for commercial media. Encourage us of local public access channels ( for free ), Use the money to allow staff to facilitate use of free social media only and for Personal Appearances and travel ONLY. Money for media only seems to encourage candidates to become indebted to someone. Some real reform could go a long way.
#3 Posted by Mauro DePasquale, CJR on Mon 9 Jan 2012 at 03:17 PM
It has often been observed that those who don't study history are doomed to repeat it. For more than forty years the public interest community has been trying to get the broadcast industry to have greater transparency regarding its media archives. For some of the early history, see my May 2000 article published in the Harvard International Journal of Press-Politics: "Local TV News Archives as a Public Good." Unfortunately, it is simply not in the self-interest of broadcasters to face this type of accountability. And given that the public interest community is politically weak, politically naive, generally blissfully ignorant of history, and often more interested in do-good headlines than actual results, the broadcasters win time and again regardless of how poor are their public policy excuses. It's a sad story. Hopefully, it won't be repeated yet again. But I wouldn't bet on it.
--J.H. Snider
#4 Posted by J.H. Snider, CJR on Wed 8 Feb 2012 at 01:48 PM