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April 2008 TIC
April 2008 TIC

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The FCC to Say Goodbye to Chairman Michael Powell

By Ray Feliciano

Many people in America may have a hard time naming any but the most senior figures in our federal government, and the Chairman of the U.S. Federal Communications Commission (FCC) is not usually one of those posts people would know. Michael Powell, son of former Secretary of State Colin Powell, and chairman of the FCC for the past four years, may be an exception.

As stated on their official web site located at www.fcc.gov, the Federal Communications Commission (FCC) is an independent United States government agency, directly responsible to Congress. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.

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FCC Chairman, Michael Powell

One way Powell gained media notoriety was by making it easier for large media giants to acquire multiple media outlets in a given area, a move lamented by those who argue that in doing so, diversity in media is reduced.

Powell is also famous for aggressively cracking down on what the FCC considers obscenity on the radio and television broadcasts. This included a number of complaints and fines against one nationally syndicated shock-jock, Howard Stern, who is moving his show to satellite radio, which the FCC does not regulate. Stern went so far as to suggest on live radio that Powell only landed the position as FCC chief because of his father’s connections.

“You're the judge, you're the arbiter, you're the one who tells us what we can and can't say on the air. And yet I really don't even think you're qualified to be the head of the commission. Do you deny that your father got you this job?”

Powell responded immediately, saying “I would deny it exceedingly. You can look at my resume if you want, Howard. I'm not ashamed of it and I think it justifies my existence,” said Powell, adding that he served as the chief of staff of the Justice Department's Antitrust Division and was a private attorney.

Until last year, indecency fines levied against Howard Stern and Infinity Broadcasting cost as much as $27,500 per incident. However, that was before Janet Jackson and the Super Bowl of 2004.

In what was described by Ms. Jackson as a ‘wardrobe malfunction’ during her halftime show with Justin Timberlake, part of Ms. Jackson’s breast was briefly exposed to the multi-million viewer audience. Some football fans were outraged at the inappropriate display, and complained to the FCC. In response, the FCC has pushed to raise the indecency fines.

Senators Joe Lieberman (D-Conn.), and Sam Brownback (R-Kan.), introduced legislation at the end of January that would boost the current $32,500 fine tenfold to a maximum penalty of $325,000 for each violation.

Networks have become so spooked by the new fines that several decided against airing the critically acclaimed World War II movie “Saving Private Ryan” on Veterans Day for fear that some of the vulgar language contained in the movie may earn them a fine. The networks attempted to obtain clarification from the FCC regarding the matter, but were told that the FCC only responds to complaints made by the public after something has aired, and that they could not advise the stations in advance.

On January 21st, Powell announced plans to resign from the post. “Today, I sent a letter to the President thanking him for the incredible privilege of chairing the Federal Communications Commission during his first term. With a mixture of pride and regret I informed him of my intention to step down as a commissioner and chairman some time in March.”

As could be expected, some were happy to see him go. “Thank God he's gone,” Stern said. “This is a great day in broadcasting.”

There’s definitely no love lost there.


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