My letter from the FCC re: Sinclair

[Generic Other]

First, let me apologize for the delay in responding. Our office strives to answer e-mails within 24 hours, but we have received more than 4,000 e-mails on this particular subject, not to mention nearly 200 phone calls - with only two staff people to handle them.

Broadcasters, like all media, have broad discretion in choosing content. Provisions of the First Amendment of the U.S. Constitution and Section 326 of the Communications Act serve to prohibit the Commission from engaging in censorship. As a result, the Commission generally cannot prohibit a station from airing a specific program. It is our understanding that Sinclair decided not to air "Stolen Honor: Wounds That Never Heal" in its entirety but, instead, used segments of it in a broader program. Whether Sinclair had decided to air the program in its entirety or portions of it, our policy would be the same, and we would not interfere with what is clearly a licensee's discretion.

At the same time, the FCC has rules and policies that require broadcasters to provide comparable time under certain circumstances. The licensee’s obligation to provide comparable time is determined in light of all the relevant facts of a particular case. Enforcement of these regulations and policies is initiated when a candidate for public office files a complaint with the Commission alleging that a station or cable system has not complied with its obligations. The Commission never received a complaint from the Kerry campaign about Sinclair's ultimate broadcast. If it does in the short time between now and the election, we are prepared to act expeditiously to determine compliance with our rules and policies in this area.

To the extent some people have suggested that Sinclair’s airing of this program constitutes an in-kind contribution to the Bush campaign, that is not a matter for the FCC to consider. Rather, complaints in this regard should be directed to the Federal Election Commission.

Thank you for your interest in this matter.

Sincerely,

Mark Berlin

Policy Division (political office)

Media Bureau

[texanshatingbush]

1. Here's thier response to my letter.

Dear Requester,

This responds to your recent e-mail to the Federal Election Commission (FEC) regarding a broadcast by the Sinclair Broadcasting Group.

As you may know, the FEC is an independent regulatory agency charged with administering and enforcing the Federal Election Campaign Act (the Act). That statute, among other things, limits the sources and amounts of contributions used to finance federal elections and requires political committees to register and file reports disclosing their financial activity. The Act also establishes formal procedures the FEC must follow as it administers and enforces the law.

The statute does not give the FEC authority to take preemptive enforcement action to prevent potential violations. Instead, the Commission must seek redress after the fact, in accordance with statutory procedures. Under those procedures, the Commission learns of possible campaign finance violations in three ways. The first centers on the agency’s monitoring process—possible violations are discovered through a review of a political committee’s reports or through a Commission audit. The second method, the complaint process, largely relies on the participation of the public—anyone may file a complaint, which alleges violations and explains the basis for the allegations. The third method is the referral process—possible violations discovered by other agencies are referred to the Commission. Each of these methods can lead to the opening of an FEC enforcement action or Matter Under Review (MUR). The law establishes a number of safeguards designed to ensure due process for those involved in an enforcement action, and requires that MURs remain confidential until the Commission closes the case and releases the information to the public (see 2 U.S.C. §437g(a)(12)). As a result, no information is readily available to the public regarding any ongoing enforcement action.

If you have specific knowledge or information that gives you reason to believe a violation of the Federal Election Campaign Act has occurred, you may file a formal complaint with the Commission. Both the procedures for filing a complaint and information on the MUR process itself are available in the Commission's "Filing a Complaint" brochure, on the web at http://www.fec.gov/pages/brochures/complain.shtml.

If you would like to confirm whether a complaint has been filed with the FEC concerning the Sinclair Broadcasting Group, please contact the FEC's Press Office at 202-694-1220 (or 800-424-9530, prompt #1). If you would like further clarification on the FEC's enforcement/investigative procedures, please contact the FEC's Information Division at 202-694-1100 (or 800-424-9530, prompt #6).

Since your inquiry involves a broadcast entity, you may have questions regarding equal access to broadcast media, fairness doctrine rules or the procedures for filing complaints in those areas. If so, please contact the Federal Communications Commission:

Mass Media Bureau, Policy Division
202-418-2120 or 202-418-1440 (direct number for the political programming staff)

Web Site: http://www.fcc.gov/mb/policy/political/
E-Mail Address: [e-mail]

We hope this information proves helpful to you, and thank you for contacting the Federal Election Commission.

Sincerely,
FEC Information Division

[Generic Other]

2. Wow, we are getting different letters?

Mine sounds more focused on the actual show I complained about. Yours must have been the original form letter they send to everyone. I got the new one they wrote. HaHa.

Or maybe, mine got bumped upstairs because I accused the Chairman of having his job due to nepotism. I thought it was interesting that Colin Powell made a point last week of denying that he had anything to do with his son's position. Now I know why they were feeling so sensitive.

on edit:
excerpt from my original letter:

The FCC is not nor should it be a government agency which operates in a blatantly partisan manner as it has done in the past four years under the leadership of the nepotistically appointed Chairman Powell. He has sold the airways to the highest bidders and in doing so betrayed the trust of the American public who owns them.

In honest times, his actions would themselves be subject to scrutiny in a criminal proceeding.