WASHINGTON-Even though the Federal Communications Commission struck down the Fairness Doctrine in 1987, a Los Angeles-based consumer group filed a lawsuit in California that takes certain broadcasters to task for airing “TV tax” commercials sponsored by the National Association of Broadcasters without providing time for opposing opinions.
The Fairness Doctrine required broadcasters to present both sides of controversial issues as part of their “public interest” mandate. In a petition for review filed April 11 at the U.S. Court of Appeals for the Ninth Circuit, Citizens Advocating Fair Exposure on Los Angeles Television (CAFE-LATE) charged the FCC with ignoring an April 9 complaint against KNBC-TV in Los Angeles that the station did not provide “a reasonable opportunity for carriage of opposing points of view.”
CAFE-LATE, backed by the Washington, D.C.-based Media Access Project, objected to the NAB’s national “1-888-NO-TV-TAX” spots that predict the demise of “free” television if broadcasters have to buy additional spectrum for their transition to digital television.
“Some members of CAFE-LATE do not as yet have clearly established personal opinions on the issue,” wrote Joseph Paykel. “In light of the reasonably large audience to which the spots were presented, their relatively high frequency and the total time devoted to one side of the issue, KNBC-TV has an obligation to present a significant amount of programming presenting opposing points of view*…*This is a matter of great urgency, as additional hearings are to be held [during] the next few weeks, and legislation could be voted upon very, very soon.”
CAFE-LATE also asked the court to consolidate its petition with a similar petition filed earlier by a San Francisco consumer group that charged KRON-TV in that city with playing the same NAB commercials. That case is scheduled for oral argument May 15.
