FCC License Challenge Rebuttals

The Texts of the Original Petitons

Denver TV License Challenge Proceeds Before FCC; Citizen Group Rebuts Stations' First Amendment Claims; Attacks Toxic Local TV News

Denver, April 14 (RMMW) - Rocky Mountain Media Watch is challenging the diet of mayhem and fluff in local TV news by contesting the licenses of four Denver TV stations before the Federal Communications Commission.

RMMW filed rebuttal arguments today documenting that excessive mayhem is consistently found in local TV news. In addition, the range of negative side-effects TV violence can have on children and adults was outlined. The Denver citizens group also presented ideas by which the FCC could address these problems without interfering with stations' First Amendment rights.

"Stations must not continue to dump excessive mayhem into our living rooms with impunity," said Paul Klite, RMMW executive director. "We ask the FCC to step in and do for the broadcasters what they are unwilling to do for themselves."

RMMW contends the unbalanced diet of information aired night after night in local news becomes 'toxic.' While violence is part of life and a part of the news, TV newscasters must develop guidelines to balance stories about violent topics with other news of the day.

In their responses to the FCC, the four Denver TV stations, KWGN, KCNC, KMGH and KUSA, claimed that, short of fraudulent journalistic practices, news content is not open to FCC purview. RMMW, in its rebuttal, argues that the FCC can and should take action to protect the public.

RMMW's petitions, rebuttals and suggested remedies can be viewed on its web site at www.imagepage.com/rmmw.

- 30 -

Petitioner's Rebuttal to KWGN's Opposition
to Our Petition to Deny Licensure

In the Matter of
Re-licensing of
Denver, CO
television station
KWGN

File Number: BCRT 971201 LS

Petitioner's Rebuttal

Rocky Mountain Media Watch ("RMMW" or "Petitioner") presents its rebuttal to KWGN's ("Station") Opposition to our Petition to Deny licensure, filed April 13, 1998.

Summary

RMMW documents how studies across the country find excessive violence in local TV newscasts. The negative effects on viewers are presented. We rebut Station's claim that the content of their newscasts, unless fraudulent, is beyond the purview of the Commission. RMMW is convinced a real public health issue is at stake and suggests ways the Commission could mitigate this problem.

Excess Violence in Newscasts

RMMW submitted data with its Petition to Deny documenting the unbalanced nature of KWGN's local news and quantifying the amount of violent topics in the news. Station, in their response, challenged the data as unrepresentative and/or subjective. RMMW points out that our findings have been published in a peer reviewed journal (Attachment #8 in our Petition to Deny) and are similar to results found in other content analyses of local TV news by journalists and academics across the U.S. The Table below summarizes the findings of twenty such surveys, crime and violence were the dominant topics in the news in almost every one.

Table 1
Crime or Mayhem in Local TV News
	date	Crime or Mayhem(%)
1. New York	Sep 1991	61
2. U.S.	1993	30
3. Denver	Jan 1994	69
4. Denver	Apr 1994	60
5. Los Angeles	May 1994	52
6. Denver	July 1994	59
7. Denver	Oct 1994	59
8. U.S.	Jan 1995	54
9. Boston	May 1995	52
10. U.S.	Sep 1995	42
11. Chico CA	Dec 1995	44
12. San Francisco	Feb 1996	36
13. Sacramento	May 1996	25
14. U.S.	Nov 1996	39
15. San Francisco	Nov 1996	57
16. New Orleans	Nov 1996	31
17. Washington DC	Nov 1996	75
18. Memphis	Dec 1996	28
19. Detroit	Jan 1997	45
20. U.S.	Feb 1997	43
Sources: 1. Roger Johnson, Peace and Conflict, 2(3), 1996; 2. James Thompson, Television Violence, Columbia U. Press, 1998; 3. RMMW, Attachment 1 to Petition to Deny (PD); 4. RMMW, Attachment 2 (PD); 5. Barbara Bliss Osborn, Extra, Sept. 1994; 6. RMMW, Attachment 3 (PD); 7. RMMW, Attachment 4 (PD); 8. RMMW, Attachment 5 (PD); 9. Howard Frederick, Emerson College, personal communication; 10. RMMW, Attachment 6 & 8 (PD); 11. Chico News & Review, 19(19) Dec. 7, 1995; 12. San Francisco Bay Guardian, 30(23) March 6, 1996; 13. Sacramento News & Review, 8(7) May 23, 1996; 14. Joseph Angotti, Consortium for Local Television News Surveys, U, of Miami, May 6, 1997; 15. San Francisco Bay Guardian, 31(7) May 13, 1997; 16. The Ehrhard Group, personnel communication; 17. Public Citizen staff, personal communication; 18. Memphis Flyer, #408, Dec. 12, 1996, 19. Detroit News and Free Press, Feb. 16, 1997. 20. RMMW, Attachment 7 (PD).

This data documents what everyone knows: "If it bleeds, it leads" is the reigning philosophy of local television news in Denver and across the country. Mayhem and fluff deliver ratings and profit to the station. (1)

We chose to study the evening (9:00 and 10:00 PM) newscasts in Denver because these are the flagship news programs for all the stations and have the largest viewing audiences.

Station's First Amendment Rights

KWGN claims that they have the right, under the First Amendment and consistent with prior Commission rulings, to broadcast whatever they want without interference from the Commission. Only fraudulent practices would be unacceptable. There are limits, however, to Station's broadcast rights, as, for example, with pornography. Programming content is not totally off limits to FCC purview. The Commission does require three hours a week of educational programming from TV stations as a condition of licensing and, in the not too distant past, under the Fairness Doctrine, required stations to air controversial issues and present both sides. The Commission also requires that Station air public service announcements.

Harming the Public Interest

RMMW believes the chronic imbalance in the news creates a public health concern in Denver and across the country. We are very serious when we use the word 'toxic" to describe TV news. Consider, first, that what you do a lot affects you a lot, and the average American is directly exposed to TV 20-30 hours a week. Television viewing can be hypnotic and addicting. The folklore is replete with images of news 'junkies' and 'zoned out couch potatoes.' The TV news diet is laden with the violent and trivial and these powerful stimuli can have negative effects.

Further, television violence can teach violence, and a rating system is now in effect on non-news TV programming to alert viewers about violence. It is well known that TV images can also trigger copy-cat crimes and actions. Lastly, TV's negative effects can build up slowly and cumulatively. We can, for example, become conditioned and desensitized to the horror of mayhem.

Of course, violence is part of life and a part of the news. But stations cannot continue to dump the mayhem and fluff into our living rooms night after night with impunity. The Commission well knows that leading public health associations in the country have spoken forcefully about the negative effects of excess TV violence, and we cited some of these statements in our Petition to Deny. (2,3,4) Recently, the California Attorney General's Office, in their study of the American 'culture of violence' (5) has recommended that "...local television...should adopt more responsible, sensitive news reporting practices that ...deglamorize violence and promote nonviolent social norms (and) balance negative images with those that highlight positive efforts in communities...including youth and young men of color." The American Medical Association now puts out a guide for doctors (6) explaining the range of side effects attributable to media violence, including fear, disrespect, imitative behavior, desensitization, and increased violent behavior.

The Commission has a long history of considering the effects of TV violence and is well aware that, like the debate over other chronic harmful influences such as tobacco and environmental pollutants, media violence effects seldom have a simple cause and effect relationship. Nevertheless, for the reasons cited above, television violence is a powerful force in our culture. And, to extend the analogy, prevention is the treatment of choice for toxins. We ask the Commission to step in and do for the broadcasters what they are unwilling to do for themselves.

Gender and Ethnic Stereotyping

Our evidence of gender and racial inequity is a composite of the four Denver stations. We offer it as a reference point in time for how the Commission's concerns about racism and sexism have evolved. TV does not yet look like America. Certainly, the racial polarization that occurred in this country around the Rodney King and O.J. Simpson media frenzies demonstrates TV news' power in this regard.

Remedy

Our Petition to Deny included a recommendation for PSAs during newscasts explaining the side-effects of TV violence. These would be like a warning label and seem to us a reasonable way of changing the atmosphere of media mayhem. Just as anti-tobacco PSAs in the past irrevocably changed the TV environment for tobacco makers, anti-violence announcements during newscasts would provocatively reflect back on the news product.

One Denver station, KCNC-TV, argues it must not be forced to broadcast PSAs where the Commission chooses the subject matter. It is, of course, required to broadcast announcements about licence renewal.

Our suggestion that Station be required to devise a plan and make it public for covering local elections would not, we believe, infringe on their rights. Our goal is to improve both election coverage on TV and citizen participation. The election cycle is a predictable event in our country and stations can prepare well in advance to cover it. Special rules already apply to broadcasters during election cycles. The idea of publicly stated 'guidelines' could help Station focus on improving their election service to the public.

We again call the Commission's attention to the voluntary guidelines for reporting crime events developed by KVUE-TV in Austin TX. (7) Unless there is a threat to children or the community or some preventive action viewers need to take, KVUE will not broadcast sensational crime stories.When crime stories are included in the newscast, the appropriate guidelines are highlighted on-screen. This effort has been in effect for two years and has garnered praise across the country.

As another model, the Canadian Association of Broadcasters (CAB) has detailed guidelines for broadcasting violence in the news. (8) It decries all gratuitous and glamorized violence and warn about the repetition of violent imagery in the news and the danger of TV violence triggering copy-cat events. The power of TV to incite violent disturbances with exploitive images is also a consideration for the CAB. U.S. stations should have their own guidelines in this area.

As a way of improving the balance of newscasts, the Commission could consider an update of the Fairness Doctrine for the twenty-first century, requiring, among other things, that stations air controversial issues and present a range of viewpoints on the public's airwaves. Since the Fairness rule was rescinded, major changes have taken place in the television industry. It is debatable if the promise of more diverse programming and viewpoints without the rule has been realized.

RMMW would welcome the opportunity to discuss remedies before the Commission at a public hearing. Many people are concerned with these issues. The Commission may be restricted in telling Station what to broadcast, but they have a duty to provide leadership and tell Station what they cannot broadcast if such material is harmful to the public interest.

Submitted by:

Paul Klite, Executive Director
Rocky Mountain Media Watch
P.O. Box 18858
Denver, CO 80218
April 13, 1998

ENDNOTES
(1) John H. McManus (1994) Market Driven Journalism: Let the Citizens Beware?, Sage Publications, Thousand Oaks CA.
(2) American Psychological Association (1994), A Reson to Hope: A psychosocial perspective on youth and violence, Washington, DC.
(3) Centers for Disease Control (1991), Position papers from the Third National Inquiry Conference: Setting the National Agenda for Injury Control in the 1990's, Washington DC, Department of Health and Human Services.
(4) National Academy of Science (1993), Understanding and Preventing Violence, Washington, DC, National Academy Press
(5) Violence Prevention: A Vision of Hope, (1995) California Attorney General's Office, Crime and Violence Prevention Center, Sacramento.
(6) American Medical Association, (1997) Physician's Guide to Media Violence, Chicago, IL.
(7) Joe Holley, "Should the Coverage Fit the Crime," Columbia Journalism Review, May-June, 1996, 27-32.
(8) Canadian Association of Broadcasters, Voluntary Code Regarding Violence in Television Programming, Ottowa.

.

Petitioner's Rebuttal to KCNC's Opposition
to Our Petition to Deny Licensure

In the Matter of
Re-licensing of
Denver, CO
television station
KCNC

File Number: BRCT 971126 KH

Petitioner's Rebuttal

Rocky Mountain Media Watch ("RMMW" or "Petitioner") presents its rebuttal to KCNC's ("Station") Opposition to our Petition to Deny licensure, filed April 13, 1998.

Summary

RMMW documents how studies across the country find excessive violence in local TV newscasts. The negative effects on viewers are presented. We rebut KCNC's claim that the content of their newscasts, unless fraudulent, is beyond the purview of the Commission. RMMW is convinced a real public health issue is at stake and suggests ways the Commission could mitigate this problem.

Excess Violence in Newscasts

RMMW submitted data with its Petition to Deny documenting the unbalanced nature of KCNC's local news and quantifying the amount of violent topics in the news. Station, in their response, challenged the data as unrepresentative and/or subjective. RMMW points out that our findings have been published in a peer reviewed journal (Attachment #8 in our Petition to Deny) and are similar to results found in other content analyses of local TV news by journalists and academics across the U.S. The Table below summarizes the findings of twenty such surveys, crime and violence were the dominant topics in the news in almost every one.

Table 1
Crime or Mayhem in Local TV News
	date	Crime or Mayhem(%)
1. New York	Sep 1991	61
2. U.S.	1993	30
3. Denver	Jan 1994	69
4. Denver	Apr 1994	60
5. Los Angeles	May 1994	52
6. Denver	July 1994	59
7. Denver	Oct 1994	59
8. U.S.	Jan 1995	54
9. Boston	May 1995	52
10. U.S.	Sep 1995	42
11. Chico CA	Dec 1995	44
12. San Francisco	Feb 1996	36
13. Sacramento	May 1996	25
14. U.S.	Nov 1996	39
15. San Francisco	Nov 1996	57
16. New Orleans	Nov 1996	31
17. Washington DC	Nov 1996	75
18. Memphis	Dec 1996	28
19. Detroit	Jan 1997	45
20. U.S.	Feb 1997	43
Sources: 1. Roger Johnson, Peace and Conflict, 2(3), 1996; 2. James Thompson, Television Violence, Columbia U. Press, 1998; 3. RMMW, Attachment 1 to Petition to Deny (PD); 4. RMMW, Attachment 2 (PD); 5. Barbara Bliss Osborn, Extra, Sept. 1994; 6. RMMW, Attachment 3 (PD); 7. RMMW, Attachment 4 (PD); 8. RMMW, Attachment 5 (PD); 9. Howard Frederick, Emerson College, personal communication; 10. RMMW, Attachment 6 & 8 (PD); 11. Chico News & Review, 19(19) Dec. 7, 1995; 12. San Francisco Bay Guardian, 30(23) March 6, 1996; 13. Sacramento News & Review, 8(7) May 23, 1996; 14. Joseph Angotti, Consortium for Local Television News Surveys, U, of Miami, May 6, 1997; 15. San Francisco Bay Guardian, 31(7) May 13, 1997; 16. The Ehrhard Group, personnel communication; 17. Public Citizen staff, personal communication; 18. Memphis Flyer, #408, Dec. 12, 1996, 19. Detroit News and Free Press, Feb. 16, 1997. 20. RMMW, Attachment 7 (PD).

This data documents what everyone knows: "If it bleeds, it leads" is the reigning philosophy of local television news in Denver and across the country. Mayhem and fluff deliver ratings and profit to the station. (1)

We chose to study the evening (9:00 and 10:00 PM) newscasts in Denver because these are the flagship news programs for all the stations and have the largest viewing audiences.

Station's First Amendment Rights

Station claims that they have the right, under the First Amendment and consistent with prior Commission rulings, to broadcast whatever they want without interference from the Commission. Only fraudulent practices would be unacceptable. There are limits, however, to Station's broadcast rights, as, for example, with pornography. Programming content is not totally off limits to FCC purview. The Commission does require three hours a week of educational programming from TV stations as a condition of licensing and, in the not too distant past, under the Fairness Doctrine, required stations to air controversial issues and present both sides. The Commission also requires that Station air public service announcements.

Harming the Public Interest

RMMW believes the chronic imbalance in the news creates a public health concern in Denver and across the country. We are very serious when we use the word 'toxic" to describe TV news. Consider, first, that what you do a lot affects you a lot, and the average American is directly exposed to TV 20-30 hours a week. Television viewing can be hypnotic and addicting. The folklore is replete with images of news 'junkies' and 'zoned out couch potatoes.' The TV news diet is laden with the violent and trivial and these powerful stimuli can have negative effects.

Further, television violence can teach violence, and a rating system is now in effect on non-news TV programming to alert viewers about violence. It is well known that TV images can also trigger copy-cat crimes and actions. Lastly, TV's negative effects can build up slowly and cumulatively. We can, for example, become conditioned and desensitized to the horror of mayhem.

Of course, violence is part of life and a part of the news. But stations cannot continue to dump the mayhem and fluff into our living rooms night after night with impunity. The Commission well knows that leading public health associations in the country have spoken forcefully about the negative effects of excess TV violence, and we cited some of these statements in our Petition to Deny. (2,3,4) Recently, the California Attorney General's Office, in their study of the American 'culture of violence' (5) has recommended that "...local television...should adopt more responsible, sensitive news reporting practices that ...deglamorize violence and promote nonviolent social norms (and) balance negative images with those that highlight positive efforts in communities...including youth and young men of color." The American Medical Association now puts out a guide for doctors (6) explaining the range of side effects attributable to media violence, including fear, disrespect, imitative behavior, desensitization, and increased violent behavior.

The Commission has a long history of considering the effects of TV violence and is well aware that, like the debate over other chronic harmful influences such as tobacco and environmental pollutants, media violence effects seldom have a simple cause and effect relationship. Nevertheless, for the reasons cited above, television violence is a powerful force in our culture. And, to extend the analogy, prevention is the treatment of choice for toxins. We ask the Commission to step in and do for the broadcasters what they are unwilling to do for themselves.

Gender and Ethnic Stereotyping

Our evidence of gender and racial inequity is a composite of the four Denver stations. We offer it as a reference point in time for how the Commission's concerns about racism and sexism have evolved. TV does not yet look like America. Certainly, the racial polarization that occurred in this country around the Rodney King and O.J. Simpson media frenzies demonstrates TV news' power in this regard.

Neglected Topics

KCNC contends they do broadcast news and public affairs programming concerning the range of news topics RMMW surveys found infrequently in the news. They give examples of several dozen stories they broadcast in 1997 on these topics. They also claim (page 9) that since RMMW data shows 22 percent of the news in a 1996 survey did address ten of our "neglected" topics, our argument is refuted. Not so. Twenty-two percent of the news is only about two-and-a half minutes per show. The problem is an issue of balance. An occasional story about AIDS, for example, does not adequately mirror the importance of this issue in our community, especially in comparison to the vast amount of air-time devoted to the titillating tragedy of the Jon Benet Ramsey murder.

KCNC also cites national programming, such as 60 Minutes, as examples of serving the Denver community. Of course, these national shows do not directly broadcast local items.

Remedy

Our Petition to Deny included a recommendation for PSAs during newscasts explaining the side- effects of TV violence. These would be like a warning label and seem to us a reasonable way of changing the atmosphere of media mayhem. Just as anti-tobacco PSAs in the past irrevocably changed the TV environment for tobacco makers, anti-violence announcements during newscasts would provocatively reflect back on the news product.

KCNC-TV, argues it must not be forced to broadcast PSAs where the Commission chooses the subject matter. It is, of course, required to broadcast announcements about licence renewal.

Our suggestion that Station be required to devise a plan and make it public for covering local elections would not, we believe, infringe on their rights. Our goal is to improve both election coverage on TV and citizen participation. The election cycle is a predictable event in our country and stations can prepare well in advance to cover it. Special rules already apply to broadcasters during election cycles. The idea of publicly stated 'guidelines' could help Station focus on improving their election service to the public.

We again call the Commission's attention to the voluntary guidelines for reporting crime events developed by KVUE-TV in Austin TX. (7) Unless there is a threat to children or the community or some preventive action viewers need to take, KVUE will not broadcast sensational crime stories.When crime stories are included in the newscast, the appropriate guidelines are highlighted on-screen. This effort has been in effect for two years and has garnered praise across the country.

As another model, the Canadian Association of Broadcasters (CAB) has detailed guidelines for broadcasting violence in the news. (8) It decries all gratuitous and glamorized violence and warn about the repetition of violent imagery in the news and the danger of TV violence triggering copy-cat events. The power of TV to incite violent disturbances with exploitive images is also a consideration for the CAB. U.S. stations should have their own guidelines in this area.

As a way of improving the balance of newscasts, the Commission could consider an update of the Fairness Doctrine for the twenty-first century, requiring, among other things, that stations air controversial issues and present a range of viewpoints on the public's airwaves. Since the Fairness rule was rescinded, major changes have taken place in the television industry. It is debatable if the promise of more diverse programming and viewpoints without the rule has been realized.

RMMW would welcome the opportunity to discuss remedies before the Commission at a public hearing. Many people are concerned with these issues. The Commission may be restricted in telling Station what to broadcast, but they have a duty to provide leadership and tell Station what they cannot broadcast if such material is harmful to the public interest.

Submitted by:

Paul Klite, Executive Director
Rocky Mountain Media Watch
P.O. Box 18858
Denver, CO 80218
April 13, 1998

ENDNOTES
(1) John H. McManus (1994) Market Driven Journalism: Let the Citizens Beware?, Sage Publications, Thousand Oaks CA.
(2) American Psychological Association (1994), A Reson to Hope: A psychosocial perspective on youth and violence, Washington, DC.
(3) Centers for Disease Control (1991), Position papers from the Third National Inquiry Conference: Setting the National Agenda for Injury Control in the 1990's, Washington DC, Department of Health and Human Services.
(4) National Academy of Science (1993), Understanding and Preventing Violence, Washington, DC, National Academy Press
(5) Violence Prevention: A Vision of Hope, (1995) California Attorney General's Office, Crime and Violence Prevention Center, Sacramento.
(6) American Medical Association, (1997) Physician's Guide to Media Violence, Chicago, IL.
(7) Joe Holley, "Should the Coverage Fit the Crime," Columbia Journalism Review, May-June, 1996, 27-32.
(8) Canadian Association of Broadcasters, Voluntary Code Regarding Violence in Television Programming, Ottowa.

Petitioner's Rebuttal to KMGH's Opposition
to Our Petition to Deny Licensure

In the Matter of
Re-licensing of
Denver, CO
television station
KMGH

File Number: BRCT 971125 KK

Petitioner's Rebuttal

Rocky Mountain Media Watch ("RMMW" or "Petitioner") presents its rebuttal to KMGH's ("Station") Opposition to our Petition to Deny licensure, filed April 13, 1998.

Summary

RMMW documents how studies across the country find excessive violence in local TV newscasts. The negative effects on viewers are presented. We rebut Station's claim that the content of their newscasts, unless fraudulent, is beyond the purview of the Commission. RMMW is convinced a real public health issue is at stake and suggests ways the Commission could mitigate this problem.

Excess Violence in Newscasts

RMMW submitted data with its Petition to Deny documenting the unbalanced nature of KMGH's local news and quantifying the amount of violent topics in the news. Station, in their response, challenged the data as unrepresentative and/or subjective. RMMW points out that our findings have been published in a peer reviewed journal (Attachment #8 in our Petition to Deny) and are similar to results found in other content analyses of local TV news by journalists and academics across the U.S. The Table below summarizes the findings of twenty such surveys, crime and violence were the dominant topics in the news in almost every one.

Table 1
Crime or Mayhem in Local TV News
	date	Crime or Mayhem(%)
1. New York	Sep 1991	61
2. U.S.	1993	30
3. Denver	Jan 1994	69
4. Denver	Apr 1994	60
5. Los Angeles	May 1994	52
6. Denver	July 1994	59
7. Denver	Oct 1994	59
8. U.S.	Jan 1995	54
9. Boston	May 1995	52
10. U.S.	Sep 1995	42
11. Chico CA	Dec 1995	44
12. San Francisco	Feb 1996	36
13. Sacramento	May 1996	25
14. U.S.	Nov 1996	39
15. San Francisco	Nov 1996	57
16. New Orleans	Nov 1996	31
17. Washington DC	Nov 1996	75
18. Memphis	Dec 1996	28
19. Detroit	Jan 1997	45
20. U.S.	Feb 1997	43
Sources: 1. Roger Johnson, Peace and Conflict, 2(3), 1996; 2. James Thompson, Television Violence, Columbia U. Press, 1998; 3. RMMW, Attachment 1 to Petition to Deny (PD); 4. RMMW, Attachment 2 (PD); 5. Barbara Bliss Osborn, Extra, Sept. 1994; 6. RMMW, Attachment 3 (PD); 7. RMMW, Attachment 4 (PD); 8. RMMW, Attachment 5 (PD); 9. Howard Frederick, Emerson College, personal communication; 10. RMMW, Attachment 6 & 8 (PD); 11. Chico News & Review, 19(19) Dec. 7, 1995; 12. San Francisco Bay Guardian, 30(23) March 6, 1996; 13. Sacramento News & Review, 8(7) May 23, 1996; 14. Joseph Angotti, Consortium for Local Television News Surveys, U, of Miami, May 6, 1997; 15. San Francisco Bay Guardian, 31(7) May 13, 1997; 16. The Ehrhard Group, personnel communication; 17. Public Citizen staff, personal communication; 18. Memphis Flyer, #408, Dec. 12, 1996, 19. Detroit News and Free Press, Feb. 16, 1997. 20. RMMW, Attachment 7 (PD).

This data documents what everyone knows: "If it bleeds, it leads" is the reigning philosophy of local television news in Denver and across the country. Mayhem and fluff deliver ratings and profit to the station. (1)

We chose to study the evening (9 :00 and 10:00 PM) newscasts in Denver because these are the flagship news programs for the stations and have the largest viewing audiences.

Station's First Amendment Rights

Station claims that they have the right, under the First Amendment and consistent with prior Commission rulings, to broadcast whatever they want without interference from the Commission. Only fraudulent practices would be unacceptable. There are limits, however, to Station's broadcast rights, as, for example, with pornography. Programming content is not totally off limits to FCC purview. The Commission does require three hours a week of educational programming from TV stations as a condition of licensing and, in the not too distant past, under the Fairness Doctrine, required stations to air controversial issues and present both sides. The Commission also requires that Station air public service announcements.

Harming the Public Interest

RMMW believes the chronic imbalance in the news creates a public health concern in Denver and across the country. We are very serious when we use the word 'toxic" to describe TV news. Consider, first, that what you do a lot affects you a lot, and the average American is directly exposed to TV 20-30 hours a week. Television viewing can be hypnotic and addicting. The folklore is replete with images of news 'junkies' and 'zoned out couch potatoes.' The TV news diet is laden with the violent and trivial and these powerful stimuli can have negative effects.

Further, television violence can teach violence, and a rating system is now in effect on non-news TV programming to alert viewers about violence. It is well known that TV images can also trigger copy-cat crimes and actions. Lastly, TV's negative effects can build up slowly and cumulatively. We can, for example, become conditioned and desensitized to the horror of mayhem.

Of course, violence is part of life and a part of the news. But stations cannot continue to dump the mayhem and fluff into our living rooms night after night with impunity. The Commission well knows that leading public health associations in the country have spoken forcefully about the negative effects of excess TV violence, and we cited some of these statements in our Petition to Deny. (2,3,4) Recently, the California Attorney General's Office, in their study of the American 'culture of violence' (5) has recommended that "...local television...should adopt more responsible, sensitive news reporting practices that ...deglamorize violence and promote nonviolent social norms (and) balance negative images with those that highlight positive efforts in communities...including youth and young men of color." The American Medical Association now puts out a guide for doctors (6) explaining the range of side effects attributable to media violence, including fear, disrespect, imitative behavior, desensitization, and increased violent behavior.

The Commission has a long history of considering the effects of TV violence and is well aware that, like the debate over other chronic harmful influences such as tobacco and environmental pollutants, media violence effects seldom have a simple cause and effect relationship. Nevertheless, for the reasons cited above, television violence is a powerful force in our culture. And, to extend the analogy, prevention is the treatment of choice for toxins. We ask the Commission to step in and do for the broadcasters what they are unwilling to do for themselves.

Gender and Ethnic Stereotyping

Our evidence of gender and racial inequity is a composite of the four Denver stations. We offer it as a reference point in time for how the Commission's concerns about racism and sexism have evolved. TV does not yet look like America. Certainly, the racial polarization that occurred in this country around the Rodney King and O.J. Simpson media frenzies demonstrates TV news' power in this regard.

Neglected Topics

KMGH-TV, in their response to our Petitions to Deny, have submitted examples of news items and other programming that address topics we claim are inadequately represented in newscasts, such as local elections, education, the environment, arts, science, children, poverty, AIDS, religion, over-population and unions. We rebut that the problem is an issue of balance. An occasional story about AIDS, for example, does not adequately mirror the importance of this issue in our community, especially in comparison to the vast amount of air-time devoted to the titillating tragedy of the Jon Benet Ramsey murder.

KMGH contends they do broadcast information about local elections, and cite in their response to RMMW's Petition two mayoral debates in 1995. This proves our point. Mayoral debates are fine, but citizens are confronted with scores of ballot issues and candidates. Where is KMGH in informing them about these? KMGH also cites its election night coverage in defense of RMMW charges. Election night is too late to inform viewers about voting choices.

KMGH states that they have begun to run messages about non-violence on their newscasts. We applaud these as in line with our suggestions for PSAs during newscasts to warn viewers about the side effects of excess news violence.

Remedy

Our Petition to Deny included a recommendation for PSAs during newscasts explaining the side-effects of TV violence. These would be like a warning label and seem to us a reasonable way of changing the atmosphere of media mayhem. Just as anti-tobacco PSAs in the past irrevocably changed the TV environment for tobacco makers, anti-violence announcements during newscasts would provocatively reflect back on the news product.

One Denver station, KCNC-TV, argues it must not be forced to broadcast PSAs where the Commission chooses the subject matter. It is, of course, required to broadcast announcements about licence renewal.

Our suggestion that Station be required to devise a plan and make it public for covering local elections would not, we believe, infringe on their rights. Our goal is to improve both election coverage on TV and citizen participation. The election cycle is a predictable event in our country and stations can prepare well in advance to cover it. Special rules already apply to broadcasters during election cycles. The idea of publicly stated 'guidelines' could help Station focus on improving their election service to the public.

We again call the Commission's attention to the voluntary guidelines for reporting crime events developed by KVUE-TV in Austin TX. (7) Unless there is a threat to children or the community or some preventive action viewers need to take, KVUE will not broadcast sensational crime stories.When crime stories are included in the newscast, the appropriate guidelines are highlighted on-screen. This effort has been in effect for two years and has garnered praise across the country.

As another model, the Canadian Association of Broadcasters (CAB) has detailed guidelines for broadcasting violence in the news. (8) It decries all gratuitous and glamorized violence and warn about the repetition of violent imagery in the news and the danger of TV violence triggering copy-cat events. The power of TV to incite violent disturbances with exploitive images is also a consideration for the CAB. U.S. stations should have their own guidelines in this area.

As a way of improving the balance of newscasts, the Commission could consider an update of the Fairness Doctrine for the twenty-first century, requiring, among other things, that stations air controversial issues and present a range of viewpoints on the public's airwaves. Since the Fairness rule was rescinded, major changes have taken place in the television industry. It is debatable if the promise of more diverse programming and viewpoints without the rule has been realized.

RMMW would welcome the opportunity to discuss remedies before the Commission at a public hearing. Many people are concerned with these issues. The Commission may be restricted in telling Station what to broadcast, but they have a duty to provide leadership and tell Station what they cannot broadcast if such material is harmful to the public interest.

Submitted by:
Paul Klite, Executive Director
Rocky Mountain Media Watch
P.O. Box 18858
Denver, CO 80218
April 13, 1998

ENDNOTES
(1) John H. McManus (1994) Market Driven Journalism: Let the Citizens Beware?, Sage Publications, Thousand Oaks CA.
(2) American Psychological Association (1994), A Reson to Hope: A psychosocial perspective on youth and violence, Washington, DC.
(3) Centers for Disease Control (1991), Position papers from the Third National Inquiry Conference: Setting the National Agenda for Injury Control in the 1990's, Washington DC, Department of Health and Human Services.
(4) National Academy of Science (1993), Understanding and Preventing Violence, Washington, DC, National Academy Press
(5) Violence Prevention: A Vision of Hope, (1995) California Attorney General's Office, Crime and Violence Prevention Center, Sacramento.
(6) American Medical Association, (1997) Physician's Guide to Media Violence, Chicago, IL.
(7) Joe Holley, "Should the Coverage Fit the Crime," Columbia Journalism Review, May-June, 1996, 27-32.
(8) Canadian Association of Broadcasters, Voluntary Code Regarding Violence in Television Programming, Ottowa.

.

Petitioner's Rebuttal to KUSA's Opposition
to Our Petition to Deny Licensure

In the Matter of
Re-licensing of
Denver, CO
television station
KUSA

File Number: BRCT 971125 KP

Petitioner's Rebuttal

Rocky Mountain Media Watch ("RMMW" or "Petitioner") presents its rebuttal to KUSA-TV's ("Station") Opposition to our Petition to Deny licensure, filed April 13, 1998.

Summary

RMMW documents how studies across the country find excessive violence in local TV newscasts. The negative effects on viewers are presented. We rebut Station's claim that the content of their newscasts, unless fraudulent, is beyond the purview of the Commission. RMMW is convinced a real public health issue is at stake and suggests ways the Commission could mitigate this problem.

Excess Violence in Newscasts

RMMW submitted data with its Petition to Deny documenting the unbalanced nature of KUSA's local news and quantifying the amount of violent topics in the news. Station, in their response, challenged the data as unrepresentative and/or subjective. RMMW points out that our findings have been published in a peer reviewed journal (Attachment #8 in our Petition to Deny) and are similar to results found in other content analyses of local TV news by journalists and academics across the U.S. The Table below summarizes the findings of twenty such surveys, crime and violence were the dominant topics in the news in almost every one.

Table 1
Crime or Mayhem in Local TV News
	date	Crime or Mayhem(%)
1. New York	Sep 1991	61
2. U.S.	1993	30
3. Denver	Jan 1994	69
4. Denver	Apr 1994	60
5. Los Angeles	May 1994	52
6. Denver	July 1994	59
7. Denver	Oct 1994	59
8. U.S.	Jan 1995	54
9. Boston	May 1995	52
10. U.S.	Sep 1995	42
11. Chico CA	Dec 1995	44
12. San Francisco	Feb 1996	36
13. Sacramento	May 1996	25
14. U.S.	Nov 1996	39
15. San Francisco	Nov 1996	57
16. New Orleans	Nov 1996	31
17. Washington DC	Nov 1996	75
18. Memphis	Dec 1996	28
19. Detroit	Jan 1997	45
20. U.S.	Feb 1997	43
Sources: 1. Roger Johnson, Peace and Conflict, 2(3), 1996; 2. James Thompson, Television Violence, Columbia U. Press, 1998; 3. RMMW, Attachment 1 to Petition to Deny (PD); 4. RMMW, Attachment 2 (PD); 5. Barbara Bliss Osborn, Extra, Sept. 1994; 6. RMMW, Attachment 3 (PD); 7. RMMW, Attachment 4 (PD); 8. RMMW, Attachment 5 (PD); 9. Howard Frederick, Emerson College, personal communication; 10. RMMW, Attachment 6 & 8 (PD); 11. Chico News & Review, 19(19) Dec. 7, 1995; 12. San Francisco Bay Guardian, 30(23) March 6, 1996; 13. Sacramento News & Review, 8(7) May 23, 1996; 14. Joseph Angotti, Consortium for Local Television News Surveys, U, of Miami, May 6, 1997; 15. San Francisco Bay Guardian, 31(7) May 13, 1997; 16. The Ehrhard Group, personnel communication; 17. Public Citizen staff, personal communication; 18. Memphis Flyer, #408, Dec. 12, 1996, 19. Detroit News and Free Press, Feb. 16, 1997. 20. RMMW, Attachment 7 (PD).

This data documents what everyone knows: "If it bleeds, it leads" is the reigning philosophy of local television news in Denver and across the country. Mayhem and fluff deliver ratings and profit to the station. (1)

We chose to study the evening (9:00 and 10:00 PM) newscasts in Denver because these are the flagship news programs for all the stations and have the largest viewing audiences.

Station's First Amendment Rights

KUSA claims that they have the right, under the First Amendment and consistent with prior Commission rulings, to broadcast whatever they want without interference from the Commission. Only fraudulent practices would be unacceptable. There are limits, however, to Station's broadcast rights, as, for example, with pornography. Programming content is not totally off limits to FCC purview. The Commission does require three hours a week of educational programming from TV stations as a condition of licensing and, in the not too distant past, under the Fairness Doctrine, required stations to air controversial issues and present both sides. The Commission also requires that Station air public service announcements.

Harming the Public Interest

RMMW believes the chronic imbalance in the news creates a public health concern in Denver and across the country. We are very serious when we use the word 'toxic" to describe TV news. Consider, first, that what you do a lot affects you a lot, and the average American is directly exposed to TV 20-30 hours a week. Television viewing can be hypnotic and addicting. The folklore is replete with images of news 'junkies' and 'zoned out couch potatoes.' The TV news diet is laden with the violent and trivial and these powerful stimuli can have negative effects.

Further, television violence can teach violence, and a rating system is now in effect on non-news TV programming to alert viewers about violence. It is well known that TV images can also trigger copy-cat crimes and actions. Lastly, TV's negative effects can build up slowly and cumulatively. We can, for example, become conditioned and desensitized to the horror of mayhem.

Of course, violence is part of life and a part of the news. But stations cannot continue to dump the mayhem and fluff into our living rooms night after night with impunity. The Commission well knows that leading public health associations in the country have spoken forcefully about the negative effects of excess TV violence, and we cited some of these statements in our Petition to Deny. (2,3,4) Recently, the California Attorney General's Office, in their study of the American 'culture of violence' (5) has recommended that "...local television...should adopt more responsible, sensitive news reporting practices that ...deglamorize violence and promote nonviolent social norms (and) balance negative images with those that highlight positive efforts in communities...including youth and young men of color." The American Medical Association now puts out a guide for doctors (6) explaining the range of side effects attributable to media violence, including fear, disrespect, imitative behavior, desensitization, and increased violent behavior.

The Commission has a long history of considering the effects of TV violence and is well aware that, like the debate over other chronic harmful influences such as tobacco and environmental pollutants, media violence effects seldom have a simple cause and effect relationship. Nevertheless, for the reasons cited above, television violence is a powerful force in our culture. And, to extend the analogy, prevention is the treatment of choice for toxins. We ask the Commission to step in and do for the broadcasters what they are unwilling to do for themselves.

Gender and Ethnic Stereotyping

Our evidence of gender and racial inequity is a composite of the four Denver stations. We offer it as a reference point in time for how the Commission's concerns about racism and sexism have evolved. TV does not yet look like America. Certainly, the racial polarization that occurred in this country around the Rodney King and O.J. Simpson media frenzies demonstrates TV news' power in this regard.

Standing

KUSA's attorneys question RMMW's standing to file a Petition to Deny. A Declaration in this regard was filed with out Petition.

Choosing the news

KUSA asserts that choosing the news is a daily journalistic and editorial process done by its news staff. KUSA's station manager, in an interview that aired on March 29, 1998 on NPR, contended that the ratings "sweeps" are responsible for many of the problems in local TV news. This is a key point. Sex and violence deliver ratings and stations succumb to monetary pressuresl time after time with their story choices of mayhem and fluff. This is the unbalanced diet of information we complain about. This is what we ask the Commission to address.

Remedy

Our Petition to Deny included a recommendation for PSAs during newscasts explaining the side-effects of TV violence. These would be like a warning label and seem to us a reasonable way of changing the atmosphere of media mayhem. Just as anti-tobacco PSAs in the past irrevocably changed the TV environment for tobacco makers, anti-violence announcements during newscasts would provocatively reflect back on the news product.

One Denver station, KCNC-TV, argues it must not be forced to broadcast PSAs where the Commission chooses the subject matter. It is, of course, required to broadcast announcements about licence renewal.

Our suggestion that Station be required to devise a plan and make it public for covering local elections would not, we believe, infringe on their rights. Our goal is to improve both election coverage on TV and citizen participation. The election cycle is a predictable event in our country and stations can prepare well in advance to cover it. Special rules already apply to broadcasters during election cycles. The idea of publicly stated 'guidelines' could help Station focus on improving their election service to the public.

We again call the Commission's attention to the voluntary guidelines for reporting crime events developed by KVUE-TV in Austin TX. (7) Unless there is a threat to children or the community or some preventive action viewers need to take, KVUE will not broadcast sensational crime stories.When crime stories are included in the newscast, the appropriate guidelines are highlighted on-screen. This effort has been in effect for two years and has garnered praise across the country.

As another model, the Canadian Association of Broadcasters (CAB) has detailed guidelines for broadcasting violence in the news. (8) It decries all gratuitous and glamorized violence and warn about the repetition of violent imagery in the news and the danger of TV violence triggering copy-cat events. The power of TV to incite violent disturbances with exploitive images is also a consideration for the CAB. U.S. stations should have their own guidelines in this area.

As a way of improving the balance of newscasts, the Commission could consider an update of the Fairness Doctrine for the twenty-first century, requiring, among other things, that stations air controversial issues and present a range of viewpoints on the public's airwaves. Since the Fairness rule was rescinded, major changes have taken place in the television industry. It is debatable if the promise of more diverse programming and viewpoints without the rule has been realized.

RMMW would welcome the opportunity to discuss remedies before the Commission at a public hearing. Many people are concerned with these issues. The Commission may be restricted in telling Station what to broadcast, but they have a duty to provide leadership and tell Station what they cannot broadcast if such material is harmful to the public interest.

Submitted by:
Paul Klite, Executive Director
Rocky Mountain Media Watch
P.O. Box 18858
Denver, CO 80218
April 13, 1998

ENDNOTES
(1) John H. McManus (1994) Market Driven Journalism: Let the Citizens Beware?, Sage Publications, Thousand Oaks CA.
(2) American Psychological Association (1994), A Reson to Hope: A psychosocial perspective on youth and violence, Washington, DC.
(3) Centers for Disease Control (1991), Position papers from the Third National Inquiry Conference: Setting the National Agenda for Injury Control in the 1990's, Washington DC, Department of Health and Human Services.
(4) National Academy of Science (1993), Understanding and Preventing Violence, Washington, DC, National Academy Press
(5) Violence Prevention: A Vision of Hope, (1995) California Attorney General's Office, Crime and Violence Prevention Center, Sacramento.
(6) American Medical Association, (1997) Physician's Guide to Media Violence, Chicago, IL.
(7) Joe Holley, "Should the Coverage Fit the Crime," Columbia Journalism Review, May-June, 1996, 27-32.
(8) Canadian Association of Broadcasters, Voluntary Code Regarding Violence in Television Programming, Ottowa.