FCC Calls for End to ‘Fairness Doctrine’

The Federal Communications Commission recommended Wednesday that a longstanding rule requiring broadcasters to offer contrasting viewpoints on controversial subjects should be abolished because it has a “chilling effect” on freedom of speech.

But the FCC stopped short of ordering repeal of the rule, one of the central tenets of broadcast deregulation known as the “fairness doctrine,” and instead voted, 4 to 0, to send a lengthy report to Congress for its consideration.

“The fairness doctrine no longer serves the public interest,” the commission said in a statement, adding that the policy may no longer be permissible as a matter of constitutional law.

Support in Congress

Whether Congress acts to repeal the doctrine remains to be seen, however, because there is considerable sentiment on Capitol Hill for retaining it.

FCC Chairman Mark S. Fowler, a staunch critic of the rule, heralded the decision as “an indictment of misguided government policy.”

“Today’s order is a statement by this commission that we should reverse course and head . . . toward liberty of the press for radio and television,” Fowler said. FCC officials emphasized, however, that until Congress or the courts act to repeal the rule, the agency will continue to enforce it.

The fairness doctrine was formulated in 1949 to guarantee that broadcasters who were given licenses to use the public airwaves would provide the discussion of controversial issues and contrasting viewpoints.

Discussion Seen Reduced

But the commission concluded Wednesday that the doctrine actually reduces the discussion of controversial issues because broadcasters hesitate to invest the time and money they say is required to present both sides of issues.

Moreover, it said, the current rule involves the agency in scrutinizing broadcast programs and leads to government intimidation of the media.

These restrictions, the FCC said, “accord a dangerous opportunity of government abuse and impose unnecessary economic costs on both broadcasters and the commission.” In 1984, the commission received 6,787 inquiries and complaints involving the fairness doctrine.

In a 100-page report, the FCC maintained that there have been major changes in the broadcast marketplace since 1969, when the Supreme Court upheld the constitutionality of the fairness doctrine.

For example, the FCC said that since then, the number of radio stations has risen 48%, while television stations increased 44%. In addition, new technologies such as cable television provide additional forums for airing public issues.

Broadcasters Laud Move

The National Assn. of Broadcasters, which has long sought repeal of the rule, applauded the decision.

“We trust that with scarcity (of broadcast outlets) a relic of the past, and the chilling effect clearly identified, the fairness doctrine will not pass constitutional muster and will be deemed unacceptable on policy grounds as well,” said NAB president Edward O. Fritts.

By sending the decision to Congress, the FCC sidestepped questions over whether it has the authority to actually repeal the rule. Supporters of the doctrine, including Andrew J. Schwartzman, executive director of Media Access Project, a Washington-based public interest law firm, said they were relieved that the commission went no further than making recommendations.