Media Concentration: Myth and Reality

Published date01 September 1979
Date01 September 1979
DOI10.1177/0003603X7902400302
Subject MatterArticle
The Antitrust Bulletin/Fall 1979
MEDIA
CONCENTRATION:
MYTH
AND
REALITY
by
LEE LoEVINGER*
Anyone viewing the American scene from Washington
could reasonably conclude
that
the most intense and con-
tinuous competition in this country is for public attention. The
competition is conducted on two levels. On the first level,
politicians (i.e, policy makers, including bureaucrats and, occa-
sionally, judges) compete for the attention of the mass media.
On
the
second level,
the
mass media compete for the attention
of
the
public. The politicians operate on the assumption
that
the media control their political existence;! and the media
*Hogan &Hartson, Washington,
D.C.
EDITOR'S
NOTE:
This article is an adaptation and substantial revision
of a statement made by the author to the FTC Symposium on Media
Concentration, held on December 14 and 15, 1978 at the Washing-
ton Hilton Hotel in Washington,
D.C.
In the statement, the author
noted
that
he and the law firm in which he is a partner have repre-
sented a number of clients who are engaged in broadcasting and in
publishing newspapers. The author and his law firm have, in the
past, represented the National Association of Broadcasters, but do
not represent that association at the present time. The views ex-
pressed in the article are solelythose of the author.
1The attitude of politicians toward the media was well expressed
by Lyndon Johnson, who is quoted as saying to a journalist, "You
guys. All you guys in the media. All of politics has changed because
of you.
You've
broken all the machines and the ties between us in
Congress and the city machines.
You've
given us a new kind of
peo-
ple
....
Teddy. Tunney. They're your creations, your puppets. No
machine could ever create a Teddy Kennedy. Only you guys. They're
all yours. Your product." Quoted by David Halberstam in
T1I,e
Powers That Be
(1979).
See
Review
by James David Barber,
Washington Post Book World, April 22, 1979. Halberstam's book is
an account of four mass media institutions, the Washington Post,
CBS, Time Incorporated, and the Los Angeles Times. For more
critical reviews see Henry Fairlie, "Pretenders to Power," Harper's,
Copyright 197Y by Lee Loevinuer .
479
480 THE ANTITRUST BULLETIN
operate on
the
assumption
that
the politicians control their
economic existence." This naturally results in a continuing
state of tension and conflict between the media and the
government, which is manifested by critical reports about
politicians in
the
media and recurrent attacks on
the
media by
politicians. Since
it
appears
that
the best way to get media
(and thus public) attention is to attack
the
media, politicians
are encouraged to vent their unhappiness with
the
media in
denunciation and proposed "reforms."
An old theme being heard anew in Washington is
that
control of the mass media is concentrated in the hands of a
few who have,
in'the
view of
the
complainants, too much in-
fluence.3The "reform" proposed is to break up the "media
June 1979, p. 78; Business Week, May 21, 1979, p. 10; Edmund
Fuller, "Viewing the Media From Inside the Cocoon," Wall Street
Journal, May 7, 1979, p. 20.
2Broadcasters are, of course, completely dependent on the
Federal Communications Commission
(FCC)
for the right to operate
broadcasting
stations,
which requires agovernment license.
Newspapers are not licensed to publish, but successful operation
depends upon a host of economic circumstances
that
are greatly
influenced, if not controlled, by the federal government. The
availability and cost of second class mailing privileges, which are
controlled by the Post Office, and the availability and level of press
rates on telephone, telegraph and cable, which are controlled by the
FCC, are very important elements in the economic success or failure
of newspapers.
3
It
was reported
that
FTC Chairman Michael Pertschuk, in open-
ing the two-day FTC symposium on media concentration referred to
in the text, said
that
the FTC cannot in good conscience ignore the
apparent trend or pace of developing concentration of ownership in
America's mass communications industry. He vowed to begin a
process of information gathering to determine the impact of the
trend toward consolidation on both performance and independence
of various media. Washington Post, December 15, 1978, p. C 1,
''Media Concentration Rapped." Ben H. Bagdikian, a professional
newspaper critic and viewer-with-alarm, who spoke twice at the sym-
posium, said
that
100 executives in the media industry "constitute a
private ministry of information and culture for the United States."
Broadcasting, Dec. 18, 1978, pp. 24-25, "Around and Around on
Media Concentration."

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