By Ken and Karen Benner
This is a subject best addressed with “The Coalition For Transparency, Clarification and Simplification of Regulations Pertaining to American Broadcasting,” the genesis of which took place in early 2012, after a small research grant was made available. The Coalition was registered with the Arizona Secretary of State to protect its name.
A long-term veteran licensed and certified contract broadcast engineer was named to head the effort and has since served as its Sr. Research Analyst. Confidentiality was assured for all parties submitting real or perceived examples of concern. Numerous reasonable examples have been shared, in confidence, with members of Congress and the FCC for their consideration.
Virtually all parties submitting such examples fear retaliation.
Thus, documentation sources provided are generally referrals to available public information from the Commission, press releases, and from unaffiliated third-party affidavits knowledgeable of related or similar concerns.
Its purpose is defined in a widely distributed information sheet for parties involved with American, Canadian and Mexican broadcasting who feel they had/have been victims of real or perceived special interest/hidden agenda, unjustified enforcement abuse resulting in substantial fines, fees, forfeitures, and most significantly, legal expenses.
A letterhead was created, an e-mail address was established, a postal box was rented, and all offers for financial assistance were declined.
Its purposes were defined as follows:
- Transparency: To render an evaluation of each item of questionable legislation in terms of its purpose. For example: In what way does it serve the “Public Interest, Convenience and Necessity?” — The criteria upon which every broadcast license is granted. Does the item serve some purpose other than it implies?
- Clarification: To provide a simple means for a licensee to be compliant, since many regulations are linked to obscure addendum requiring extensive research and/or costly legal assistance to address.
- Simplification: To, in good faith, assist and provide well-researched suggestions to the FCC addressing regulations that appear to require extraordinary research to define, and may seem to be overly complicated and/or confusing.
It was explained: Substantial condemnation was seen, detracting our efforts that demonstrate, in our view, that long-term, well-established organizations “representing” broadcast licensees are better equipped to address these concerns.
Such contentions proved controversial following a review of many historical files from more than a decade ago, and with the assistance of long term broadcast licensees. Such items are frequently found in stations’ public files.
Many organizations spend their time and effort raising funds, charging substantial dues, and hiring public relations firms to paint a favorable image while doing little or nothing for those they claim to represent. Indeed, the junk mail we receive almost daily attest to this perception.
This coalition recognizes these factors and is thus determined to follow a good faith, non-profit (all volunteer) effort on behalf of broadcast licensees in a responsible and trustworthy assistance to the appropriate international communications commissions.
It is recognized that absolute integrity is essential to achieve the goals of this effort, and that parties who may profit from regulatory confusion will attempt to discredit our efforts.
Thus, we will accept memorandums of concern from concerned individuals anonymously, determine the legitimacy of such concerns, coordinate a review of suggestions that may address these concerns, and from time to time provide the results of such research to the appropriate commission and interested members of the U.S. Congress or other political body.
It is only fair, and that is what we are all about: Fairness.
RBR + TVBR featured columnist Ken Benner is an independent Alternative FCC Compliance Certification Inspector and a research analyst for the Coalition for Transparency, Clarification and Simplification of Regulations pertaining to American Broadcasting. Benner has more than 55 years of experience providing service to the broadcast industry.
