Congresswoman Watson, Senator Lautenberg, Release Joint Letter Commending FCC Decision to Investigate Education Departments Payment to Armstrong Willi
CONGRESSWOMAN WATSON, SENATOR LAUTENBERG, RELEASE JOINT LETTER COMMENDING FCC DECISION TO INVESTIGATE EDUCATION DEPARTMENT'S PAYMENT TO ARMSTRONG WILLIAMS
Washington, D.C.- Congresswoman Diane E. Watson (CA-33rd) and Senator Frank Lautenberg (NJ) today released a joint letter to Michael Powell, Chairman of the Federal Communications Commission (FCC), commending the FCC's decision to investigate the Department of Education's payment to pundit Armstrong Williams in exchange for the promotion of the administration's education policy.
"The payola scheme between the Department of Education and Armstrong Williams is not only blatantly illegal, it also undermines the foundation of our free press, " said Congresswoman Watson. "The political discourse of our nation must not be on offer to the highest bidder."
On January 7, USA Today first reported that Armstrong Williams, a syndicated program host, received $240,000 to promote the No Child Left Behind Act of the Bush Administration. This financial arrangement was not disclosed at the time to the viewing public. The Communications Act of 1934 bars undisclosed "payola" to broadcast stations in the form of "any money, service or other valuable consideration for the broadcast of any matter."
"The House and the Senate have already promised serious investigations into the use of public funds to promote a political agenda. The FCC must initiate a thorough investigation of the broadcaster's apparent failure to serve the public's interest in an accurate and balanced way," stated Congresswoman Watson.
The text of the letter follows:
January 14, 2005
The Honorable Michael K. Powell, Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554
Dear Chairman Powell:
We are pleased that the Federal Communications Commission (FCC) has launched an investigation into charges that the Department of Education's undisclosed payment to journalist Armstrong Williams in exchange for the promotion of the No Child Left Behind Act (NCLB) constituted illegal payola on broadcast stations. The transaction between the Department of Education and Mr. Williams is not only profoundly disturbing and highly unethical, it may well be in violation of the Commission's rules.
We request that a report be made to Congress outlining the facts of this case, detailing the nature of the legal violations, indicating the method of appropriate sanction, and proposing solutions that will assure the public that the integrity of our political discourse is protected.
Section 317 of the Communications Act requires broadcasters to disclose that program matter has been broadcast "in exchange for money, service or other valuable consideration," a requirement known as sponsorship identification. FCC regulation also clearly states that each broadcast station must "exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any matter for broadcast", information about any organization that has paid for commentary. 47 C.F.R. 73.1212.
The Department of Education paid Mr. Williams $240,000 to promote the education policy of the Bush Administration on his syndicated news show, The Right Side. Mr. Williams also appeared in a news segment promoting NCLB which was carried by 51 stations owned by Sinclair Broadcasting Group. The government's contract with Ketchum, requiring Mr. Williams to "regularly comment on NCLB during the course of his broadcasts," led to his interview with Education Secretary Rod Paige.
We expect that the investigation will determine whether Mr. Williams should be prosecuted for not disclosing his contract to the broadcasters, or whether the broadcast stations knew of the "payola" dealings between the Administration and Mr. Williams but failed to disclose them. In either case, the public deserves to know the truth, and the FCC has a duty to investigate.
The 1934 Communications Act granted broadcasters free licenses in exchange for their obligations to serve the public interest. The appearance of an illegal payola agreement between our government and Mr. Williams further illustrates how a number of our nation's broadcasters have failed to serve the public in a balanced and accurate way. The political discourse of our nation must not be for sale to the highest bidder.
Thank you for your immediate consideration of this request. We look forward to your response.
Sincerely,
U.S. Rep. Diane E. Watson
U.S. Senator Frank Lautenberg
http://www.house.gov/watson/press/press_011405.html