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Amendment One: Senate Vote Supplement

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by Don Schellhardt

THE U.S. SENATE VOTE ON RESTORING PREVIOUS MEDIA OWNERSHIP CEILINGS
S.J. Resolution 17,
Introduced By SENATOR BYRON DORGAN, D-ND:
Resolution To Disapprove The FCC's New Media Ownership Rules Of June 2, 2003
Roll Call Vote Taken On September 16, 2003

A. PATTERNS IN THE SENATE VOTING
A "Yes" vote is a vote to restore ALL of the FCC's previous media ownership ceilings.

REPUBLICANS FOR: 12 Seat Up For Election In 2004: 2
REPUBLICANS AGAINST: 39 Seat Up For Election In 2004: 15
REPUBLICANS NOT VOTING: 1 Seat Up For Election In 2004: -
DEMOCRATS FOR: 41 Seat Up For Election In 2004: 13
DEMOCRATS AGAINST: 2 Seat Up For Election In 2004: 2
DEMOCRATS NOT VOTING: 4 Seat Up For Election In 2004: 3
INDEPENDENTS FOR: 1 Seat Up For Election In 2004: -
2004 PRESIDENTIAL CANDIDATES FOR: 1 Seat Up For Election In 2004: -
2004 PRESIDENTIAL CANDIDATES AGAINST: - Seat Up For Election In 2004: -
2004 PRESIDENTIAL CANDIIDATES NOT VOTING: 3 Seat Up For Election In 2004: 2
WOMEN FOR: 13 Seat Up For Election In 2004: 3
WOMEN AGAINST: 1 Seat Up For Election In 2004: 1
WOMEN NOT VOTING: - Seat Up For Election In 2004: -
MEN FOR: 42 Seat Up For Election In 2004: 12
MEN AGAINST: 39 Seat Up For Election In 2004: 14
MEN NOT VOTING: 5 Seat Up For Election In 2004: 3

NOTE: In any given Federal election year, one third of the Senate seats are up for election.****

B. HOW INDIVIDUAL U.S. SENATORS VOTED

DEMOCRATIC SENATORS are capitalized.
Republican Senators are in un-capitalized type.
Independent Senators are underlined.
States are listed in a geographical order, rather than alphabetically, in order to make more evident certain regional patterns of support for, or opposition to, media reform.

* Presidential candidate for 2004.
** Probable Presidential candidate for 2008.
*** Probable Presidential candidate for 2008 or 2012.
An "X" following a Senator's name indicates that the Senate seat is up for election in 2004.

State FOR S.J. RES. 17 AGAINST S.J. RES. 17 NOT VOTING
MAINE Olympia Snowe
Susan Collins
   
NEW HAMPSHIRE   Judd Gregg -- X
John Sununu
 
VERMONT JAMES JEFFORDS   PATRICK LEAHY -- X
MASSACHUSETTS EDWARD KENNEDY   JOHN KERRY *
RHODE ISLAND Lincoln Chafee
JACK REED
   
CONNECTICUT CHRISTOPHER DODD -- X
JOSEPH LIEBERMAN **
   
NEW YORK CHARLES SCHUMER -- X
HILLARY CLINTON ***
   
NEW JERSEY JON CORZINE
FRANK LAUTENBERG
   
DELAWARE JOSEPH BIDEN
THOMAS CARPER
   
MARYLAND BARBARA MIKULSKI -- X
PAUL SARBANES
   
WEST VIRGINIA ROBERT C. BYRD
JOHN D. ROCKEFELLER IV
   
PENNSYLVANIA   Arlen Specter -- X
Rick Santorum
 
OHIO George Voinovich -- X Mike DeWine  
MICHIGAN CARL LEVIN
DEBBIE STABENOW
   
INDIANA EVAN BAYH -- X Richard Lugar  
ILLINOIS DAVID DURBIN Peter Fitzgerald -- X  
WISCONSIN RUSSELL FEINGOLD -- X
HERB KOHL
   
MINNESOTA MARK DAYTON Norman Coleman  
SOUTH DAKOTA TOM DASCHLE -- X
TIM JOHNSON
   
NORTH DAKOTA BYRON DORGAN -- X
KENT CONRAD
   
WYOMING Mike Enzi Craig Thomas  
MONTANA MAX BAUCUS Conrad Burns  
IDAHO   Larry Craig
Michael Crapo -- X
 
ALASKA   Ted Stevens
Lisa Murkowski -- X
 
WASHINGTON PATTY MURRAY -- X
MARIA CANTWELL
   
OREGON RON WYDEN -- X Gordon Smith  
HAWAII DANIEL INOUYE -- X
DANIEL AKAKA
   
CALIFORNIA BARBARA BOXER
DIANE FEINSTEIN
   
NEVADA HARRY REID -- X John Ensign  
ARIZONA   John McCain ** -- X
Jon Kyl
 
UTAH   Orrin Hatch
Robert Bennett -- X
 
COLORADO Wayne Allard Ben Nighthorse Campbell -- X  
NEW MEXICO JEFF BINGAMAN Peter Domenici  
TEXAS Kay Bailey Hutchison John Cornyn  
OKLAHOMA   Don Nickles -- X
James Inhofe
 
KANSAS Pat Roberts Sam Brownback -- X  
NEBRASKA BEN NELSON Chuck Hagel  
IOWA TOM HARKIN Charles Grassley -- X  
MISSOURI   Christopher Bond -- X
Jim Talent
 
ARKANSAS BLANCHE LINCOLN -- X
MARK PRYOR
   
LOUISIANA MARY LANDRIEU JOHN BREAUX -- X  
MISSISSIPPI Trent Lott Thad Cochran  
ALABAMA Richard Shelby -- X Jeff Sessions  
FLORIDA BILL NELSON   BOB GRAHAM * -- X
GEORGIA   ZELL MILLER -- X
Saxby Chambliss
 
SOUTH CAROLINA EDWARD HOLLINGS -- X Lindsay Graham  
NORTH CAROLINA Elizabeth Dole **   JOHN EDWARDS * -- X
VIRGINIA   John Warner
George Allen
 
KENTUCKY   Mitch McConnell
Jim Bunning -- X
 
TENNESSEE Lamar Alexander Bill Frist  

MEDIA REFORM DEBATE:
THE STRATEGIC SITUATION
As of September 21, 2003

MEDIA OWNERSHIP REGULATIONS

In the courts: FCC action on TV ownership ceilings has been blocked, for an indefinite period, while the Third U.S. Circuit Court in Philadelphia considers a lawsuit challenging the FCC's June 2, 2003 media ownership decision. Oral arguments on the lawsuit, filed by MEDIA ACCESS PROJECT on behalf of the PROMETHEUS RADIO PROJECT, are scheduled to begin November 5, 2003.

At the FCC: Previous ceilings were loosened by an FCC decision, in Docket 02-277 and other related Dockets, on June 2, 2003. Since 2 TV broadcasters have already violated the existing TV ownership ceilings, some divestiture of TV stations may occur if the FCC's raising of the ceilings is overturned.

In the U.S. Senate: Previous ceilings would be restored by Senate Joint Resolution 17, introduced by Senator Byron Dorgan (D-ND), which was adopted by the Senate, 55-40. 5 U.S. Senators, including 3 of the 2004 Democratic presidential candidates, missed the vote: 4 of these 5 Senators were states supporters of the Resolution.

In the U.S. House of Representatives: Previous ceilings would be restored as part of an Appropriations bill that was passed by the House, 400-21.

At the White House: The White House staff has issued a statement that "President Bush's senior advisors will recommend a veto" of any legislation which restores any of the FCC's previous media in ownership ceilings.


MEDIA CROSS-OWNERSHIP

In the courts: FCC action to loosen previously applicable media cross-ownership ceilings has been blocked for an indefinite period, by the Circuit Court's Order to Stay.

At the FCC: Previous ceilings were loosened by the FCC's decision of June 2, 2003

In the U.S. Senate: Previous ceilings would be restored by Senate Joint Resolution 17, adopted by the Senate, 55-40.

In the U.S. House of Representatives: The house rejected, by 273-152, an Appropriations bill amendment to restore previous media cross-ownership ceilings: the amendment had been offered by Representative Maurice Hinchey (D-NY).

At the White House: The White House staff statement extends the veto threat to any restoration of the previous media cross-ownership ceilings.

RADIO OWNERSHIP

In the courts: FCC action on its minor changes has been blocked for an indefinite period, by the Circuit Court's Order to Stay.

At the FCC: Previous ceilings were kept in place by teh FCC, with minor changes.

In the U.S. Senate: The FCC's minor changes would be overturned if S.J. Res. 17 becomes law.

In the U.S. House of Representatives: The FCC's minor changes have not been voted upon by the House.

At the White House: It is unclear whether the White House staff's veto threat would apply to a legislative override of the FCC's minor changes.


LOW POWER FM CHANNEL SPACING REFORM

In the courts: There have been no known court filings as of September 21, 2003.

At the FCC: In response to a Freedom of Information Act (FOIA) request, filed by the AMHERST ALLIANCE and 18 other parties, the FCC finally released the long-overdue MITRE Corporation report on testing of alleged radio interference from LPFM radio stations. The report, released on July 10, 2003, concluded that moderately relaxed channel spacing standards for LPFM stations would generate "no significant interference" with other radio stations. The FCC is accepting Written Comments from the public about the MITRE report in FCC Docket 99-25 until October 14, 2003. Thereafter, the FCC will prepare and submit recommendations to Congress on the issue of LPFM channel spacing reform.

In the U.S. Senate: Hearings may be held by the Senate Commerce Committee in early 2004 - or possibly earlier.

In the U.S. House of Representatives: Hearings may be held in the House Energy & Commerce Committee in 2004 - or possibly earlier.

At the White House: There is no known White House position on LPFM as of September 21, 2003.

Charts Prepared By:
Don Schellhardt, Esquire
President, THE AMHERST ALLIANCE
pioneerpath@hotmail.com
URL: www.amherstalliance.org
P.O. Box 186
Cheshire, Connecticut 06410
(203) 757-1790
" Backup": (203) 756-7310

COPYRIGHT 2003 BY DON SCHELLHARDT

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