No Comment — March 31, 2008, 11:32 am

Siegelman and the Fairness Doctrine

When CBS News’s 60 Minutes put out its report “The Prosecution of Governor Siegelman” (for which I was repeatedly interviewed) one sole affiliate, the Northern Alabama station WHNT, suffered mysterious technical problems that blocked 12 minutes—virtually the whole Siegelman story, but nothing else in the program—on its initial airing. The Washington Independent weighs in today with a very solid exploration of the issue:

WHNT first claimed the blackout was the result of a faulty feed originating with CBS in New York. A more thorough investigation, station officials later said, revealed that the trouble was a local equipment failure preventing WHNT from receiving the CBS signal–a situation remedied 12 minutes into the Siegelman segment. In response to local complaints, WHNT re-ran the segment four hours after it was initially scheduled, and again the following evening. But the re-runs did little to cool the suspicions of Democrats. FCC Commissioner Michael Copps, a Democrat, pushed hard for an official inquiry, which was initiated nine days following the blackout.

Legal experts and media watchdogs say that blackouts of such length are extremely rare, particularly during peak viewing hours. “Blackouts, of some duration, probably happen all the time,” said Aaron Craig, communications director of Free Press, a non-partisan media reform group. “Now, do they happen during prime-time, when the story is focused on potential corruption in the same state? At best, it’s an unfortunate coincidence.”

Botein agreed, saying that the sophistication of today’s broadcast equipment — combined with the commercial appeal of the program in question — makes such a coincidence highly unlikely. “A show like ’60 Minutes’ gets incredible ratings,” Botein said. “A 12-minute blackout? — It’d never happen. They’d lose half their audience. . .”

While WHNT is owned by Oak Hill Capital, a Texas-based private equity firm with a long history of support for Democratic candidates and causes, the day-to-day operations are run by a newly created Oak Hill venture called Local TV LLC. Based in Kentucky, Local TV is headed by Robert Lawrence, a long-time GOP supporter whose many political contributions include $2,000 to the Bush campaign in 2004, and $7,000 to the Republican National Committee in 2000. Local TV’s previous CEO, Randy Michaels, a controversial figure who once headed the radio division at Clear Channel Communications, the nation’s largest radio conglomerate, also has a long history of ties to conservative figures. Michaels is credited with discovering the popular conservative talk show host Sean Hannity in the early 1990s. He also signed enormous radio deals with Rush Limbaugh and Dr. Laura Schlessinger, two powerhouses on the conservative talk-radio circuit.

But the major point of the Washington Independent piece goes to the Fairness Doctrine. Previously, a “blackout” resulting from an editorial decision rather than genuine technical problems could easily cause a station to lose its license. No longer.

“In this case, they’re certainly not going to pull their license over it,” said Clay Calvert, communications professor at Pennsylvania State University and co-author of Mass Media Law, the nation’s top-selling undergraduate communications law textbook. “At most, it might merit a warning.” Considering the partisan make-up of the FCC, it might not even merit that. The commission’s “notice of inquiry” falls short of an investigation. And if Martin, the panel’s Republican chairman, accepts the station’s claim that the trouble was strictly technical, then the process could end there.

60 Minutes has been busy at work on the second installment of its series on Siegelman, which is likely to air this Sunday. It will be interesting to see if there is a recurrence of “technical problems.”

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

July 2015

Dressed to Kill

= Subscribers only.
Sign in here.
Subscribe here.

Wrong Prescription?

= Subscribers only.
Sign in here.
Subscribe here.

Travel Day

= Subscribers only.
Sign in here.
Subscribe here.

Fugue State

= Subscribers only.
Sign in here.
Subscribe here.

One Day Less

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

[Browsings]
“I’m worried that what the Houthis did to push Yemen into a civil conflict in September 2014, the Saudis may end up doing again when they end their campaign by eliminating the Houthis.”
Photograph by Alex Potter
Article
The Speakeasy·

= Subscribers only.
Sign in here.
Subscribe here.

“In order to understand how Marty’s could survive as an institution, I returned a year after my first visit to spend a week at what was sure to be the world’s bleakest comedy club.”
Photograph by Mike Slack
Post
The Lost Land·

= Subscribers only.
Sign in here.
Subscribe here.

“I had first encountered some of these volumes—A Swiftly Tilting Planet, The Giver—as a child, and during adolescence, they registered as postcards from a homeland recently abandoned.”
Photograph by the author
Article
Wrong Prescription?·

= Subscribers only.
Sign in here.
Subscribe here.

“Whatever the slogans suggested, the A.C.A. was never meant to include everyone.”
Illustration by Taylor Callery
Post
Introducing the July Issue·

= Subscribers only.
Sign in here.
Subscribe here.

Trudy Lieberman reports on the failed promise of the Affordable Care Act, Sarah A. Topol explores Ukraine’s struggle for a national identity, Dave Madden spends a week in Hollywood’s toughest comedy club, and more

Photograph by Stanley Greene/NOOR Images

Amount bin Laden paid to replace each cricket ball hit into his compound, according to a local boy:

$0.59

Butterflies and moths remember their lives as caterpillars.

Piñatas resembling Donald Trump, who was fired from NBC after calling Mexican immigrants rapists, went on sale in Mexico.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today