Senators Deb Fischer (R-Neb.) and Richard Blumenthal (D-Conn.) want to know specific reasons for CBS radio stations’ rejection of an ad by the American Television Alliance.
Sens. Ask Moonves About ‘Local Choice’ Ads
Two U.S. senators have written a letter to CBS CEO Leslie Moonves seeking more information on CBS Radio’s refusal last month to run an ad by the cable and satellite-backed American Television Alliance that supported the retrans reform proposal called “local choice” proposed by Sens. Jay Rockefeller and John Thune. (That proposal has now been removed from the Satellite Television Access and Viewer Rights Act.)
Sens. Deb Fischer (R-Neb.) and Richard Blumenthal (D-Conn.) wrote: “We support an open and honest debate about the future of the video marketplace. While we do not contest CBS’s right to exercise appropriate discretion over its advertising practices, important questions need to be answered about blocking commercial advertisements in this specific instance. Given the fact that CBS maintains important public interest obligations related to its programming, we respectfully request your response to the following questions:
- What is the specific reason CBS refused to run these advertisements and is that reason consistent with CBS’s advertising standards?
- Before CBS’s denial, did it consider the fact that these advertisements were placed to run on other platforms?
- Did CBS provide ATVA with a reason for not airing the advertisements?
- Has CBS refused to run advertisements related to communications policy issues in the past? If so, please specify.
- Would CBS ever consider denying opportunities to air advertisements by political committees or other entities whose policy views CBS disagrees with?
- To paraphrase Justice Brandeis, in cases where CBS has an editorial or commercial position contrary to a prospective advertiser seeking to espouse a reasonable though different view, isn’t the best remedy more speech, rather than enforced silence?”
They end the letter: “Harmful interference into our nation’s public policy debates can have lasting impacts on our political discourse and the future direction of the country. The best way for us to effectively serve our constituents is to promote open dialogue and the honest debate of mainstream ideas. Ultimately, Congress has an obligation to look at old regulatory frameworks and explore whether potential opportunities exist to enhance consumer welfare for the benefit of the country while also preserving the underlying benefits of local broadcasting across the country, which relies on the use of public airwaves. Thank you for your timely consideration of this important issue.”
Comments (9)
Don Thompson says:
September 10, 2014 at 4:49 pm
I hope this letter meets Air Marshal Moonves’ editorial standards …………… Please follow me on Twitter @TedatACA
Michelle Underwood says:
September 10, 2014 at 5:17 pm
There goes Ted again, paid flack (hack) for the cable industry. Don’t you know people put on their hip waders and get out the shovel when they see a comment from Ted?
Ellen Samrock says:
September 10, 2014 at 4:59 pm
Ah yes, senators wielding the old “public interest” cudgel. Next will be congressional calls for the return of the Fairness Doctrine. CBS didn’t air the ad because it would be harmful to their business (it’s the same reason why TWC refused to sell Mohu ad time for the Leaf antenna several years ago). Here’s a better approach: accept the money from the ATVA, run the ad and immediately pair it with a rebuttal PSA (something hopefully produced by the NAB). CBS gets a few ad dollars, it keeps the Feds off their backs and they can state their position as to why Local Choice is a bad idea. As little Julius would say, it’s a “win-win-win” for everyone.
kristin serman says:
September 16, 2014 at 3:21 pm
What is wrong with the Senators sticking up for the average person for once instead of big corporate interests that is what the people want. The corporate interests have had their way for the last 30+ years in Washington.
Do you honestly believe folks don’t want some sort of system so they can pick and choose what channels they want and where to get their network stations from .
Folks should be allowed in my opinion to pick and choose the channels they want, pick the amount of network stations they want from any market at least in that region and drop the channels they don’t want.
Also we should be allowed to get National Network Feeds no local programs just the network shows, nightly news and sports programming with filler programming to fill out the rest of the time periods.
I think there is high demand for such a system they are tired of blackouts of local stations, tired of fee hikes, tired of bundled channels, they want to see network channels from other markets etc.
I should be allowed to drop religious channels, drop music channels, news channels, certain sports channels I don’t want. While also buying network stations from other markets including larger markets , also they should provide us a National Network feeds of the broadcast networks.
Instead we are in a system that is anti-consumer that big corporate media interests, providers and wall street barons win. That is why you always see in different articles on here that Wall Street analysts praise us getting screwed by the current system because they are making money off of it and it is wrong.
Wagner Pereira says:
September 10, 2014 at 11:02 pm
Is it true the ATVA would not supply credit references as it is a not for profit organization and refused to pay for the spots up front? Considering an Executive of a cable company who is a member of the ATVA said the Comcast-TWC merger would cause ATVA to disolve, can anyone blame CBS if true? Then again, they should not have run the spots even with cash in hand.
Janet Frankston Lorin says:
September 11, 2014 at 10:32 am
What is disturbing here is not that the spots didn’t run. What is disturbing is that two US Senators, by merely asking these questions in a formal letter, are threatening CBS’ First Amendment protections. Courts have ruled in the past that just inquiries by high ranking officials have a chilling effect. I’m sure these officials, who no doubt receive money from the cable industry, had that intent when they wrote the letter.
Ellen Samrock says:
September 11, 2014 at 12:31 pm
This is true. But these senators are insinuating that the network shirked its public interest obligation by refusing to air these ads (and they’re ads, not PSAs). If they’re not satisfied with the answers CBS provides, it may bring on an FCC investigation and possible fines. It’s no secret that the government has declared open hunting season on broadcasters. Next to working in a coal mine owning and managing a broadcasting station is a hazardous occupation.
Gene Johnson says:
September 11, 2014 at 2:35 pm
Fine for what? What FCC rule or statutory provision did CBS violate in refusing to air the ads?
Kristen Lynch says:
September 11, 2014 at 5:29 pm
The Senators’ complaint (and the similar complaint by the Music First Coalition against some radio stations) forget that the Supreme Court in 1973 decided that there was no obligation on the part of licensees to accept editorial advertisements on behalf of any party, and that the decision to do so or not was left by Congress to the licensee’s editorial discretion. As Chief Justice Burger succinctly stated, “editing is what editors are for.” CBS, Inc. v. Democratic National Committee, 412 U.S. 94 (1973).