Paul objects to FCC proposal to make stations put political advertising information online

Many elements of the Tea Party have been outspoken in favor of government transparency, but for the U.S. senators most identified with the movement, that does not extend to making political television expenses more accessible to the public.

Sens. Rand Paul of Kentucky (right), Pat Toomey of Pennsylvania, Jim DeMint of South Carolina and Mike Lee of Utah "have asked the Federal Communications Commission to reconsider its proposal to have TV stations put their political files online," reports John Eggerton of Multichannel News. They were joined by Roy Blunt of Missouri and John Boozman of Arkansas.

The political files, which show who buys the time, how much and when, must be made available for public inspection at a station or cable-company office during regular business hours. The FCC is expected to approve April 27 on a regulation that would require stations in major markets to put the information in an online database. "Broadcasters argue . . . that to maintain an online, real-time system would cost staff time and money better spent on local news and other public service," Eggerton writes.

OPINION: That money could also be spent on executive salaries, shareholder profits or some other thing besides public service. In their letter, the senators said the proposal would carry "heavy compliance costs," but as someone who has inspected many of these files at stations, and is familiar with how the same information is already maintained electronically, it's hard for me to imagine that the compliance costs would be very high. And putting them online would make them much more accessible to rural journalists. –Al Cross, director, Institute for Rural Journalism and Community Issues

UPDATE, April 9: Because of complaints from stations, "The proposal will give smaller stations two more years to start uploading new additions to their files about political ad spending. At the outset, only the affiliates of ABC, CBS, NBC and Fox in the top 50 TV markets will be required to do so," reports Brian Stelter of The New York Times. "The FCC says the initial uploading will cost less than $1,000 for a typical station, and will save the stations money over time by avoiding printing and storage costs. The uploaded files will be searchable — but only inside one file at a time." (Read more)

Corie Wright, senior policy counsel for Free Press, which supports online posting, told Eggerton, "It's baffling that these senators would want to hide public information in dusty filing cabinets when it could be made available to their constituents via the Internet. The public wants and needs to know who's trying to influence them over the public airwaves -- and the FCC appears to be doing the right thing by bringing this antiquated system into the 21st Century."

Eggerton notes, "Putting the political files online is part of a larger FCC effort to move station public files online and into a database managed by the FCC that is more easily searchable by the public." (Read more)

Agency is pressured to re-post database of doctors' malpractice and disciplinary cases

U.S. Sen. Charles Grassley has joined journalists, academic researchers and consumer groups in calling on the Health Resources and Services Administration to put back online the National Practitioner Data Bank, a database of malpractice and disciplinary cases against doctors.

"In a strongly worded letter, the Iowa Republican, who has led investigations of fraud and waste in government health programs, said the now-removed file 'serves as the backbone in providing transparency for bad-acting health care professionals'," Duff Wilson of The New York Times reports. Grassley gave HRSA, part of the the Department of Health and Human Services, until Oct. 21 to hand over documents and answer a series of questions, ending with "What is your timeline for getting the database up and running again?"

For a PDF of Grassley's letter, click here. Under pressure, the agency has scheduled a conference call on the issue for Thursday, Oct. 13, from 1 to 2 p.m. Eastern Time.

The database "was created in 1986 for hospitals, medical boards, insurers and others to share information so that bad doctors do not slip through cracks in reporting," Wilson writes. The law makes doctors' names confidential, but the database has a Public Use File for researchers and journalists, in which doctors are identified only by numbers.

Some journalists have been able to identify doctors using information from other sources, such as lawsuits. "After a complaint by one doctor identified by The Kansas City Star, the agency threatened the newspaper reporter with a fine, pulled the doctor’s file from its Web site on Sept. 1 and began a review of how to hide the identities better," Wilson reports. "Its actions provoked protests" from the Association of Health Care Journalists, the Society of Professional Journalists, the Reporters Committee for Freedom of the Press and other groups. In a letter, they told HRSA, "Nothing in the Public Use File can be used to identify individuals if reporters or researchers don’t already know for whom they are searching."

Grassley wrote, "It seems disturbing and bizarre that HRSA would attempt to chill a reporter’s First Amendment activity with threats of fines for merely 'republishing' public information from one source and connecting it with public information from another. A journalist’s shoe-leather reporting is no justification for such threats or for HRSA to shut down public access to information that Congress intended to be public."

The Public Use File can be downloaded from the website of Investigative Reporters and Editors, one of the groups, protesting its removal from the HRSA site, but "that file will be more and more out-of-date as the dispute goes on," Wilson notes. She also reports that Robert E. Oshel, associate director for research and disputes in the Division of Practitioner Data Banks, says the agency is misinterpreting the law. (Read more)

Rand Paul one of four Senators voting against ending secret 'holds'

U.S. Sen. Rand Paul of Kentucky was one of four senators to vote against ending the secret "holds" that senators use to anonymously block legislation. Holds will still be allowed, but they must be listed in the Congressional Record.

Voting with Paul on the 92-4 tally were fellow Tea Party favorite Mike Lee of Utah and the leader of the new Tea Party caucus, Jim DeMint of South Carolina, as well as John Ensign of Nevada. All are Republicans.

Ensign told the Las Vegas Review-Journal he opposed the rules change after Senate leaders rejected a provision that would have given senators 72 hours to review bills before deciding whether to allow them to proceed.

Ensign said senators are given 48 hours after a bill is brought to the Senate floor to impose a hold. “All I want to do is make sure we have time to read these bills,” Ensign said.

AP chief says journalism includes using open-government laws and fighting for better ones

Using freedom-of-information laws and fighting for stronger ones is "journalism by other means" and should be an essential function for journalists, their employers and their membership organizations, Tom Curley, president of The Associated Press, told the Kentucky Press Association today.

Keynoting KPA's convention at the Embassy Suites in Lexington, Curley said America's broad body of statutory and case law for open government is "terribly vulnerable" because of changes in the friendly "ecosystem" that has built "this fragile edifice of laws and rules." He said the ecosystem includes news organizations that are suffering financial pressure and journalism organizations that are seeing their membership ranks wither. Also, "Courts and judges, sometimes at the highest level, are part of the problem they are supposed to help us solve," Curley said.

Curley said that in tough economic times, when so much emphasis is on maintaining audience and generating revenue, he was glad to see the KPA convention had several sessions related to freedom of information. The centerpiece of the program was the Better Watchdog Workshop of Investigative Reporters and Editors, aimed at helping newspapers do better watchdog journalism about government and other institutions.

The convention concludes tonight with the annual awards banquet. At the luncheon where Curley spoke, the Lexington Herald-Leader presented its annual Lewis Owens Community Service Award to the Beattyville Enterprise, a small weekly paper that continued publishing after its offices were destroyed by fire. "We are all inspired by your story," Curley told Enterprise Editor Edmund Shelby, who completed his year as KPA president at the event. The new president is Chip Hutcheson of The Times Leader in Princeton.

National security issues snag shield-law bill

Questions about dealing with leaks of national-security information are holding up passage of a federal shield law for journalists, Walter Pincus reports for The Washington Post. The Justice Department wants to do away with the proposed "balancing test" in which judges would weigh the need to compel reporters to disclose sources against the public interest of revealing the information, in favor of a plan that would allow the department to subpoena reporters after convincing a judge that release of information could harm national security. For a Rural Blog item with a link to the story, go to http://irjci.blogspot.com/.