**STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS**

**APPROVING IN PART AND CONCURRING IN PART**

 

Re:       *In the Matter of Shareholders of Univision Communications,
Inc., and Broadcasting Media Partners*

Today's item will most likely be remembered because it imposes a \$24
million fine, far and away the Commission's largest ever. And indeed
this amount is entirely appropriate; it makes clear that violating the
Commission's media regulations cannot simply be dismissed as just
another cost of doing business. I applaud the work of watchdog groups
like the United Church of Christ and the National Hispanic Media
Coalition in setting this important precedent, as well as Chairman
Martin for his leadership on this issue.

Univision's attempt to pass off a Spanish-language soap opera as "core"
children's programming is wholly indefensible. Given how little the FCC
demands of its licensees these days when it comes to serving the public
interest, those who fail to meet even our minimal standards deserve to
be severely rebuked. Indeed, I hope that the FCC and watchdog groups
will continue their work together to examine which programs other
licensees claim as "core" children's programming. We need to take every
step within our power to make sure that America's children and their
parents actually receive the type of quality programming that they are
guaranteed by the Children's Television Act. And of course, as I often
point out, we wouldn't have to resort to fines or investigations at all
if broadcasters were engaging in the self-regulation that is their
solemn responsibility as trustees of the public airwaves.

Nevertheless, I concur in part to today's decision because I believe it
fails to address---indeed, it conspicuously ignores---two critical
aspects of the transaction before us. To begin with, as I noted in my
joint dissent with Commissioner Adelstein to the 2003 transaction that
greatly expanded Univision's media empire,[^1] the Commission has never
formally decided whether Spanish-language programming constitutes a
separate market segment that must be analyzed in isolation from
English-speaking programming. Then and now, I believe that we need to
answer this threshold question before we decide important licensing
questions concerning Spanish-language stations. So while I recognize
that today's decision represents a transfer of control rather than
additional consolidation, I still see a need for the Commission to
conduct a thorough review of the consequences for Spanish-speaking
Americans of the concentration of power that a massive conglomerate like
Univision wields.

Secondly, I also think it is quite significant that today's transaction
involves the transfer of 114 full-power TV and radio licenses from a
public corporation---one whose stock is traded on the New York Stock
Exchange and is included in the S&P 500---to five private equity firms.
The Commission has never analyzed the consequences of this type of
transaction for its ability to ensure that licensees protect, serve and
sustain the public interest. I, for one, have some real questions about
how the assumption of massive amounts of debt will affect a media
company's stewardship of the airwaves. I also have concerns about how
the shift from public to private ownership will affect the Commission's
ability to determine which entities have practical control over
licensees' editorial decisions and financial strategy. I hope that we
will address these questions in a Commission-level report in the coming
months. From what I can tell, the flood of private equity into media is
just beginning. We need to get a handle---and quickly---on just what
this means for the Commission's ability to do its job.

[^1]: *Applications for Transfer of Control of Certain Subsidiaries of
    Hispanic Broadcasting Corporation to Univision Communications,
    Inc.*, FCC 03-218 (2003).