Programming Plan Tossed

The Federal Communications Commission on Wednesday rejected a push by Hollywood producers and writers to reimpose rules requiring the major television networks to buy a minimum amount of their programming from independent production companies.

As part of the FCC’s recent review of media-ownership rules, a coalition of groups -- including the Coalition for Program Diversity, the Writers Guild and the Center for the Creative Community -- lobbied the agency to force the networks to buy 25% to 50% of their TV shows from unaffiliated sources. The groups argued that their proposal, which is similar to a regulation struck down by the courts in the early 1990s, would improve the quality of TV programs and counteract the effects of consolidation in the entertainment industry.

In recent months, some FCC officials had suggested that the agency might take up the issue in a separate proceeding.

But Wednesday, the Republican majority of the FCC appeared to close the door on any such move, saying there didn’t appear to be a legal justification for imposing the rule and questioning whether TV shows produced by independent companies would be of higher quality than shows created by the networks.

“It is up to consumers and viewers to determine what programming they want to watch -- and networks, as they compete for viewers, must be responsive to those demands,” the agency’s final order said. “It is not for this agency to intervene in the decisions that determine the content of programming.”

The decision is a victory for companies such as Walt Disney Co., parent of ABC, and Viacom Inc., parent of CBS. Network owners had dispatched top executives to the FCC to argue against the effort.

Jonathan Rintels, executive director of the Center for the Creative Community, expressed disappointment Wednesday. “They completely ignored the fact that the old programming oligarchy is reconstituting itself,” Rintels said. He said major entertainment companies have been squeezing out independent production companies in favor of their own in-house shows.

The FCC revealed its decision as part of a 256-page order that finalizes the commission’s June 2 vote to substantially relax media-ownership rules. Among other things, the new rules permit mergers between newspapers and TV stations and allow a single company to own as many as three TV stations in large markets. (Tribune Co., parent of the Los Angeles Times, lobbied to lift many of the rules.)

The release of the final order is expected to start the clock ticking for numerous legal challenges. In addition, lawmakers are proposing legislation that would overturn key parts of the decision.

Sen. Byron L. Dorgan (D-N.D.) said Wednesday that he would attempt to reverse the FCC vote when the Senate reconvenes Monday by introducing a “resolution of disapproval,” a rare practice allowed under the Congressional Review Act.

Last month, Sen. John McCain (R-Ariz.) raised the hopes of Hollywood producers and writers by promising to work toward industry talks with the major networks over ways to preserve and promote independent production.

“The FCC decision is not the last word on this issue,” Rintels said.