FCC Bows to Fairness Law

The Federal Communications Commission decided today that it has no authority, although it wishes it had, to abolish the requirement that broadcasters be fair.

The commission voted 4 to 0 to pass the matter on to Congress, along with a report that the Fairness Doctrine does not serve the public interest.

The decision caps an effort by FCC Chairman Mark S. Fowler to do away with the rule, which he believes forces the commission to make judgments--in violation of the First Amendment--on the contents of programs.

“If anything, the doctrine is chilled water on the flames of robust debate,” Fowler wrote recently in the Washington Times, emphasizing his view that broadcasters, fearing costly court cases, shy away from controversy.

The FCC bowed to the argument that the doctrine, which started as a commission rule more than 35 years ago, became law in 1959 when Congress included it in related legislation.