FCC Scraps 38-Yr. Fairness Doctrine for Broadcasters : Congress Expected to Resist

WASHINGTON —  The Federal Communications Commission, in a historic action expected to fuel a war with Congress, today scrapped a 38-year-old policy requiring broadcasters to air all sides of controversial public issues.

In a unanimous vote, the commission’s four sitting members said the Fairness Doctrine is unnecessary because of the number of radio and television stations serving the country and is unconstitutional because it gives the government editorial control over broadcasters.

“By this action, we introduce the First Amendment into the 20th Century,” giving TV and radio stations the same constitutional guarantee as newspapers, FCC Chairman Dennis Patrick told a packed meeting room, ringed by protesters holding signs urging that the policy be retained.

Like Print Media

“We’re headed for the print model--that’s our lodestar,” Commissioner Patricia Dennis said. But she emphasized that the decision does not totally unfetter broadcasters.

Commissioner James Quello said broadcasters must still serve the public interest.

Former FCC Commissioner Nicholas Johnson said in a statement: “It’s kind of ironic that the same FCC that preaches free private enterprise wants to close the pirate radio stations that practice it, and shut the public out of the Fairness Doctrine at the monopolistic stations the FCC favors. At least you have to give them high marks for candor. There aren’t many government and industry leaders who are willing to come out flat-footed in opposition to fairness.”

Earlier this year, Congress passed a measure making the Fairness Doctrine a law, but President Reagan vetoed the bill in June. Congressional supporters of the doctrine have been unable to gather enough votes to override the veto.

Supporters of the doctrine say it is needed to ensure that minority viewpoints are aired by broadcasters. Opponents say the doctrine was first drafted when television was in its infancy and that the telecommunications marketplace has changed. Now there are more stations, plus cable television, microwave TV services and home satellite dishes.

Word of the FCC decision drew a storm of protest today from citizen groups, which will almost certainly file suit, and the House and Senate, where Sen. Ernest F. Hollings (D-S.C.) accused the agency of “repudiating the intent of Congress.”

‘Wrong-Headed’

Hollings said the FCC’s decision “is wrong-headed, misguided and illogical,” adding that the doctrine provided “the only means for many in the public to be heard.”

Hollings and Rep. John D. Dingell (D-Mich.) plan to attach the doctrine in September to legislation Reagan will be loath to veto.

The Fairness Doctrine was set forth by the FCC in 1949 and in 1959 was expanded to include amendments to the Communications Act. The policy states that broadcasters must air controversial issues of public importance and provide reasonable opportunity for the discussion of conflicting views.

The Supreme Court upheld the doctrine in 1969, but the court opened the door last year for its reconsideration by ruling that the policy was never made law.

The FCC’s action came on a lawsuit brought by Meredith Corp., a broadcast group based in Des Moines, Iowa, after the commission found that Meredith’s Syracuse, N.Y., television station had violated the doctrine.

The Meredith case was remanded to the commission by a U.S. appeals court panel, which directed the agency to consider Meredith’s arguments that enforcement of the doctrine would deprive the station of its constitutional rights.