BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON D.C.
In the matter of 2022 Quadrennial Review of Media Ownership Rules
[MB Docket No. 22-459]
Comments of Sue Wilson and the Media Action Center [i]
TABLE OF CONTENTS:
1. Reports of Local News Stories Duplicated Across Top Four Duopoly TV Stations …… 2
2. Supportive Data 2020 - 2023 Reveals Current Data Collection
Methodology Insufficient ……………………………………………………………………... 2
3. Time Tested Plan for FCC to Determine Whether Stations are Producing More and Better News or Merely Duplicating News Stories Across Their Local Stations..................... 9
4. Conclusions ……………………………………………………………………………….… 10
1. Reports of Local News Stories Duplicated Across Two Top Four Duopoly TV Stations 2020 – 2023
Over the past few years, Sue Wilson through the Media Action Center has received anecdotal complaints from TV viewers in small to mid-sized Television markets nationwide. Viewers say when they turn the channel from a local news program on one station to a local news program on a different station, they see exactly the same news duplicated on both channels.
This appears to happen when one company has licenses for more than one TV station in the same market, and also when one company has Shared Service Agreements and Joint Sales Agreements with two to three TV stations within the same market. It commonly occurs with Top Four Duopoly stations. In some of those markets, it appears that only one newsroom is servicing entire communities.
Media Democracy advocates have been warning for decades that a single corporation could dominate all local news and information in Anytown, USA. It appears that dystopian threat to democracy is now becoming a reality. It is vital to our very democracy that we develop sufficient data to determine exactly what is occurring – now while we can still stem the tide.
2. Supportive Data 2020 - 2023 Reveals Current Data Collection Methodology Insufficient
In December 2020, Sue Wilson and the Media Action Center submitted an Amicus Brief to the Supreme Court in FCC v Prometheus[1] which included a study of local news coverage on “Top Four Duopoly” TV station’s websites. (Top Four means the Top Four major TV Networks: ABC, CBS, FOX and NBC. Top Four Duopolies mean a single Broadcasting Company is operating two major TV network stations within the same community.) The goal was to determine whether companies which are broadcasting on two of the largest TV stations in a single DMA (Designated Market Area) are producing independent news on each station, or whether they are merely duplicating the same news stories on both stations.
Wilson was surprised to find out the FCC had absolutely no data on that topic. Absent the ability to physically view local news programs in towns across the USA, MAC volunteers simply reviewed stations’ websites. In many media markets across the country, MAC found that news stories are duplicated on Top Four Duopoly websites. Screenshots are referenced; that photographic evidence may be found in the Brief itself.
From the 2020 study:
Nexstar, the largest station group, appears to own or control two Network affiliates in 31 markets. In five of those markets, Nexstar owns or controls one or two stations in addition to its Top Four duopoly.
See Nexstar Top Four Network Affiliate Duopoly Data Table: https://drive.google.com/file/d/1o7KjXrH2576Mm1vu6kW63hPvu41NKlZZ
In the Little Rock/ Pine Bluff AR DMA, Nexstar controls four TV stations: KARK NBC, KLRT FOX, KARZ, and KASN. All are listed on the Nexstar Media Group website. KARK’s website and KLRT’s website (https://www.kark.com/news/local-news/ and https://www.fox16.com/news/local-news/ ) demonstrate the local news stories presented on the two network affiliate websites are substantially the same. Screenshots are provided in Appendix 1.
In 27 local markets, it appears Nexstar network affiliate stations are sharing the same local news content on both or all its stations. Two are not sharing the same news.
Nexstar duopoly stations in Hardin/ Billings MT and Peoria/ Bloomington IL provide no local news.
Sinclair Broadcasting appears to own or control two network affiliates in 23 markets. In six of those markets, Sinclair owns or controls one or two stations in addition to its Top Four network duopoly.
See Sinclair Top Four Network Affiliate Duopoly Data Table: https://drive.google.com/file/d/1o7KjXrH2576Mm1vu6kW63hPvu41NKlZZ
In the Columbus OH DMA, Sinclair controls three TV stations: WSYX ABC, (https://abc6onyourside.com/news/local) WTTE FOX, (https://myfox28columbus.com/news/local) and WWHO CW (http://cwcolumbus.com/news/local/more .) All are listed on the Sinclair website under station DMA information. MAC finds that Sinclair is providing substantially the same local news on all three stations. Screenshots are provided in Appendix 1.
Gray TV appears to own or control Top Four network affiliate duopolies in 11 markets.
See Gray TV Top Four Network Affiliate Duopoly Data Table: https://drive.google.com/file/d/1snw-ROVs0x_CaJwJ5HmAqAdasgXhgInQ
In Sioux Falls, SD, MAC sees a pattern common across all station groups’ websites, which is its two separate Network affiliate stations KSFY ABC and KDLT NBC/FOX share the same website, https://www.dakotanewsnow.com/ . We note the ABC and NBC logos are both visible on the site. KSFY and KDLT apparently share the same news product. Screenshots are provided in Appendix 1.
Sioux Falls is the 117th largest DMA in the country, with a DMA population of 600,400 and a minority population of 9.64%.
Scripps appears to have Top Four network affiliate duopolies in 3 markets.
See Scripps Top Four Network Affiliate Duopoly Data Table: https://drive.google.com/file/d/1k7kNDzjN3OGzm69zQsuZEGXTBMpG_VkI
In Boise, ID, where there are reportedly seven full power TV stations, Scripps holds licenses to KIVI ABC , https://www.kivitv.com and KNIN FOX fox9now.revrocket.us. KIVI does present news content; KNIN appears to produce none.
Boise is the 99th largest DMA in the country, with a DMA population of 745,900 and a minority population of 14.4%.
MAC finds in the other two Scripps owned Network duopolies, their stations appear to provide the same news content across both stations. Screenshots are provided in Appendix 1.
Conclusion: Does this data mean that the nation’s largest broadcasters are producing one set of local news stories and merely duplicating them on two stations? Absent research comparing the on air product, it is impossible to definitively know, but it should be known and considered.
March 2023 Determinations:
Since December 2020, Media Action Center has endeavored to find a way to complete a research study to analyze the actual on-air news product being broadcast to the public on local TV duopoly stations across the county. We have found it to be practicably impossible. However, as you will see, we have come up with a solution to obtain this on-air evidence, one already in use within the broadcast industry.
First, we present March 2023 screen shots of the same station websites we highlighted in the 2020 Amicus Brief. These screenshots suggest that the local news stories presented on the two network affiliate websites operated by the nation’s largest broadcasters are still substantially the same.
This is Gray TV’s KSFY (ABC) and KDLT (NBC/FOX) in Sioux Fall, South Dakota share the same website. We noted in 2020 that ABC and NBC logos were both visible on the site. In 2023, logos for ABC, NBC and FOX are all visible on the site. It appears Gray TV currently controls three Network Affiliates in the same DMA of roughly 600,000.
In the Little Rock/ Pine Bluff AR DMA of roughly 1,250,000 people, Nexstar controls four TV stations: KARK (NBC,) KLRT (FOX,) KARZ, and KASN. The news product featured on both the KARK and KLRT websites is virtually identical.
In Columbus, Ohio, that state’s Capital, and with a DMA population of roughly 2,240,000, Sinclair Broadcasting controls three stations: WSYX (ABC,) WTTE (FOX,) and WWHO. The news reports featured on the websites of WSYX and WTTE are virtually identical; however, news featured on the website of WWHO is different.
The problem with this survey is it does not answer the underlying question:
Are TV station groups which control 2, 3, or 4 TV stations in the same market producing independent news reports to air on their respective channels, or are they merely producing one set of reports to duplicate across all their stations?
We do not wish to make assumptions based on inadequate information. It is possible that the news stories provided on station websites do not represent what individual stations are actually airing. A MAC volunteer in Las Vegas, Nevada found that the websites of Sinclair stations KSNV and KVCW are different, but they both stream exactly the same newscasts. Still, she finds that the live news on-air product is different on each station.
The only way to get the answers to these critical questions is to conduct a detailed study of markets all across the U.S.A. This study needs to review all news programs on a given day produced by the cross-owned and managed stations. It needs to determine whether 1) stations are duplicating entire newscasts on more than one station; 2) stations are airing the exact same story on more than one station in multiple time slots; 3) stations are re-editing the same footage and information to make them look different without any additional reporting.
3. Time Tested Plan to Determine Whether Stations are Producing More and Better News or Merely Duplicating News Stories Across Their Local Stations
The challenge is getting access to local newscasts nationwide for review. The answer is for the stations themselves to provide copies of the programs on a given date to the Federal Communications Commission. This [ii]utilizes the model developed by the Television Academy to nominate local TV news programs for local Emmy Awards. The Academy picks a single date and invites local news stations to submit airchecks of their local news programs for judging.
The FCC can use the same model in a Proposal of New Rule Making. The FCC would require local stations to submit airchecks of every local TV news program they produce on a given date for review every time a station or broadcast company applies for license renewal, transfer, or approval.
Ideally, the Commission would choose a date with no overriding national news to gain the best snapshot of a typical local news day. Unlike Emmy Awards judging, the Commission will not evaluate the quality of the reporting itself. They instead will simply determine whether two or three different stations under the same ownership control are independently producing news for each station, or whether they are merely providing identical newscasts and stories across all those stations.
The Commission would be best served to hire a team of former news producers who best understand the product they are viewing.
News is produced using the following formats:
Voice Over (VO): We hear the news anchor read a story while we see video shots (b-roll) as they speak.
Voice Over/ Sound on Tape (VOSOT): here, we hear the news anchors read while we see video, but then we see and hear a recorded interview.
Graphics (GFX): Here we see a graphic as the anchors read a story. All three of these story types are often written by the news anchors themselves.
Live Shots (LIVE): Here, reporters are live on location.
Packages (PKG): these are stories featuring and written by reporters. They are shot in the field, then edited together to include interviews, b-roll (video shots,) the reporter’s stand up and the reporter’s voice over. They generally run from 90 seconds to 3 minutes long.
The FCC review team could determine whether:
1) Newscasts on two or three local stations have the same news anchors (which may mean the same writers)
2) Whether VO or VOSOT or GFX stories are word for word across all the stations, even if a different anchor is reading the copy.
3) Whether reporters’ LIVE shots are on two or three stations at the same time.
4) Whether the same pre-produced PKG is repeated across two or three local stations.
For veteran news producers, this is a simple task. By completing this task, the Commission will know with certainty whether broadcasters, in their quest to consolidate control of local stations, are keeping their promise to provide more and better news to communities.
Conclusions:
The broadcast industry promises that by having two or three or even four local TV stations in the same TV market, they can provide more and better news to local communities. Are they keeping that promise?
In their Amicus Brief presented to the Supreme Court in FCC v Prometheus, the National Association of Broadcasters made this case: “The Commission cited the benefits of consolidation when it approved Gray Television’s request to acquire NBC-affiliated KDLT-TV in Sioux Falls, South Dakota, despite its ownership of ABC-affiliated KSFY-TV in the same market. Applying the Reconsideration Order’s now-vacated rule assessing top-four duopolies on a case-by-case basis, the Commission concluded that Gray’s ownership of these same-market stations would ‘produce definite, verifiable, and transaction-specific public interest benefits,’ including the addition of ‘at least 28 hours per week of local news programming’ across both stations, which is ‘more local news programming than either station currently airs in an average week.’” [2] (emphasis added.)
The Commission needs to put that promise to the test - and the FCC and only the FCC has the singular power to compel the video evidence necessary for review.
In this unprecedented era with a nation divided by sets of entirely different information presented as fact, the Peoples’ interest is paramount. The FCC must rise to this occasion and ensure those companies it licenses for the privilege of broadcasting to the public are keeping their promises and meeting their obligations.
The Democracy hangs in the balance.
[2] https://www.supremecourt.gov/DocketPDF/19/19-1231/161570/20201123150647329_19-1231.19-1241%20Amici%20Curiae%20Brief.pdf
[i]
Sue Wilson is a veteran Television and Radio News journalist who has been honored with awards from the Radio/TV News Directors Association, the Associated Press Television and Radio Association, the Public Radio News Directors Inc., and has two Emmys from the Television Academy. She now works to hold U.S. Government and Corporate Media accountable for its corrosive effects on Democracy.
Her investigative journalism on print and radio platforms reveal the structural schisms and scams in corporate media, all archived at https://www.SueWilsonReports.com . She is the Writer/Producer/Director of the award winning Public Interest Pictures' documentary on the media, Broadcast Blues. https://www.youtube.com/watch?v=peVN7_LZYPM
Her findings inform the sophisticated activism of the Media Action Center. Sue founded the Media Action Center in 2009 to employ every legal means available to hold broadcasters accountable to the public interest. In 2012, MAC proved that giant local radio stations in Milwaukee, Wisconsin provided millions of dollars of free airtime to supporters of Gov. Scott Walker during his recall campaign, but would not allow Democrats any free airtime, forcing them to pay for coverage if they wanted it. In 2017, MAC forced Entercom to surrender its $13.5 million broadcast license for its 2007 killing of Jennifer Strange in an on-air contest. In 2020, through the Media Action Center, she filed an Amicus Brief in the Supreme Court case FCC v Prometheus Radio, excerpts of which are included in her official 2021 Comment to the FCC Quadrennial Review. https://www.MediaActionCenter.net
Wilson partners with pro-bono attorneys of all political persuasions. She is currently is focusing on the relationship between the FCC and Sinclair Broadcasting and the effect of recent FCC policy on the quality of local TV news.