Court, Congress act to correct FCC mistake

Court, Congress act to correct FCC mistake
(ARCHIVE PHOTOS, ARCHIVE GRAPHICS)
Knight Ridder/Tribune News Service
(KRT)
The following editorial appeared in the Detroit Free Press on Friday, Sept. 5:
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Checks and balances work.
That constitutional concept has been put to the test this summer, after the Federal Communications Commission -- part of the executive branch -- passed controversial rules allowing big media companies to get even bigger. The rules were put on hold Wednesday by a federal court and ought to be booted back to the FCC by Congress, which is pursuing a rare exercise of its power to override executive branch decisions.
Media conglomerates that sought the rule changes say they can get more bang for their buck through broader reach or ownership of both newspaper and television operations in the same market, now largely prohibited.
But the rules could put the public airwaves in too few hands, allowing too little access for other voices. Media conglomerates are also inherently less concerned with local issues and information.
FCC Chairman Michael Powell, who pushed through the new ownership rules, has tried to appease critics by setting up a task force to study "localism."
But even before Wednesday's court order, the House had voted overwhelmingly to roll back some aspects of the new rules. A Senate committee took similar action on Thursday.
Federal agencies are created to do a job, and, ideally, Congress should stay out of their way. There's no point in empowering agencies if the people affected by their decisions can do an end run via Capitol Hill.
But when an agency oversteps, or, in this case, grossly missteps, Congress or the courts can rein it in. Thousands of Americans urged the FCC not to act the way it did; thousands more urged publication of the proposed rules and greater discussion of them before any vote. Powell turned a deaf ear.
Perhaps Congress can get him to listen.
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