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Off the record the Federal Communications Commission (FCC) says that it has no plans to reinstate the Fairness Doctrine. Nevertheless, earlier this month in a public letter to FCC Chairman Kevin J. Martin, House Minority Leader John Boehner (R-OH) charged that the doctrine was going to be re-imposed secretly upon broadcast media.

"Under the rubric of 'broadcast localism' it is clear the Commission is proposing no less than a sweeping takeover by Washington bureaucrats of broadcast media. The proposals and recommendations for Commission action contained in the Notice of Proposed Rulemaking amount to the stealth enactment of the Fairness Doctrine, a policy designated to squelch the free speech and free expression of specifically targeted audiences," wrote Boehner.

Begun in 1934 during the administration of President Franklin D. Roosevelt when AM radio was king, the Fairness Doctrine sought to ensure that radio listeners would get both sides of a political story by requiring that stations give equal air time to different opinions. In 1987, after nearly 40 years of enforcement, the FCC voted to halt the doctrine's implementation when it had become obvious that the government's monitoring of the media led to censorship. Radio since the 1980s holds no sort of communication monopoly as it did in the 1930s.

The press release which accompanied the letter from Boehner's office notes, "The rules, proposed by the FCC earlier this year, would reinstitute advisory boards to regulate broadcast content and revive a host of other rules the Commission dropped more than 20 years ago."

Sources at the FCC say that the only thing that has been circulated is a "Notice of Proposed Rulemaking" and that outside comments are just now coming back to the Commission. They insist that no rule of any kind has been circulated, and they continue to work with the National Religious Broadcasters and fully expect to exempt noncommercial stations from any final order in order to protect small stations.

They add, "This is in no way a back door to the Fairness Doctrine. It is simply an attempt to get at big companies that are not fulfilling their requirements to the public in order to have their free license to use the public airwaves. There are localism requirements to use the public airwaves just like there are indecency rules. You have to have some relationship with the area in which you are licensed to serve." They observe that some companies have been remotely operating in places like Los Angeles and are acting as if they were in small-town America. "We are still a long way from making any permanent decisions but this has absolutely nothing to do with the Fairness Doctrine."

As if to take a pre-emptive strike at this assertion, Boehner notes in his letter that forcing the licensees to recreate the so-called "advisory boards" of a bygone era would encumber broadcast media with onerous bureaucratic burdens not faced by cable, satellite, or the internet. The report's assertion that these boards would help radio stations "determine the needs and interests of their communities" or promote "localism and diversity" borders on fantasy.

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