BROOKE GLADSTONE: While the industry ponders its image problem, few legislators have spied an opening to put media consolidation back on the table. The Broadcast Decency Enforcement Act, now awaiting action in the Senate, has two amendments attached to it. One, sponsored by North Dakota Democrat Byron Dorgan, puts a one year hold on the rules passed late last year that would allow big media companies to get even bigger.

BYRON DORGAN: I think that there's evidence that these larger ownership groups have had more complaints filed against them, and one would expect that the farther you get away from what is called "localism," the more likely it is that someone far away is going to make a decision about what is broadcast in your area that may very well conflict with what you think represent good standards.

BROOKE GLADSTONE:So there are more complaints against the big companies, but maybe that's because they own more stations. Has it really been shown that locally owned and operated media maintain a higher standard of decency or a more responsive one than the big companies?

BYRON DORGAN: Well, the amendment that I offered that passed the Commerce Committee recently simply asks for a study -- what I asked for is that we freeze or, or delay, rather, the FCC ownership rules from going into effect while this study occurs. It does seem to me that the larger the concentration of ownership in broadcast properties, the more likely it is that what is heard and seen in your local area has nothing to do with local standards or what people locally think. In fact, we had testimony before the Commerce Committee of a television station owner in a southern state saying, you know, the network was pushing a program that I felt was disgusting, and I didn't want to show it in my area, but I didn't have any choice. They forced me to show it with the threat of substantial penalties. That that's the kind of thing I think we ought to resolve, because I think the use of the airwaves free of charge for radio and television broadcasters also requires responsibility, and part of that responsibility is to serve local interests and to preserve a sense of localism.

BROOKE GLADSTONE:Now a majority of the Congress seems to be in harmony on the issue of indecency and the need to do something about it, but the issue of broadcast ownership caps is quite controversial, and one lawmaker remarked that tinkering with the caps could be the, quote, "poison pill" that kills the whole decency bill.

BYRON DORGAN: Adding this amendment to the bill that deals with the indecency is not something that is going to kill this bill. In fact, we've already voted in the U.S. Senate on the ownership cap, as you know, and Senator Trent Lott and I offered the amendment, and the Senate has expressed itself on that. We don't believe the FCC rules which will allow much more concentrated ownership in the media properties is an appropriate rule, and the Senate's already expressed itself on that.

BROOKE GLADSTONE: But what about the House?

BYRON DORGAN: Well, you know, we legislate in the Senate. We can't control the U.S. House or Representatives.

BROOKE GLADSTONE:Broadcasters were meeting in Washington to chat about these issues, and from your perspective, would the system be hurt or helped by broadcasters attempting to self-censor and err on the side of conservatism in order to avoid further regulation or crippling fines?

BYRON DORGAN: I, well I think broadcasters have always had a responsibility to think through what is appropriate and what is not appropriate. You know, we used to have, for example, speaking of television, a family viewing hour when certain things during a time when children might be watching television would be inappropriate. That's not new, and it's not radical and it's not unique. I would hope that we will see from broadcasters themselves some sense of concern about this and see them taking some action on their own.

BROOKE GLADSTONE:You have a great deal of interest in media consolidation anyway, because of the incident in Minot, North Dakota -- the lack of response from the local radio stations there that were automated and so the public could not respond in time to an emergency -- a chemical spill.

BYRON DORGAN: Well, that is correct, and you know a, a--explosion of some train cars loaded with anhydrous ammonia at 2 a.m. -- it covered a major part of a city of 50,000 people with a deadly gas-- one was killed; many were injured. Hundreds went to the hospital. I mean - and they, you know, they tried to sound an emergency alarm and couldn't get anyone at the radio station to pick up and-- why? Because they're running homogenized music through a board from, you know, a thousand miles away. In my judgment, local control of localism in broadcast properties is, is something that's very important to the community, and we've gotten far away from that, and I would like the FCC not to be able to move us farther away even still with the new regulations, and that's why I've been fighting them so hard.

BROOKE GLADSTONE: And so, if the issue of health and safety hasn't pulled it back, perhaps the issue of indecency will.

BYRON DORGAN:Well, the issue of indecency is a, an issue that, you know, has a tipping point on its own, and any time I have the opportunity to offer the amendment dealing with concentration of ownership, I'm going to do that, along with Senator Lott. That's why we put it on this bill.

BROOKE GLADSTONE: Well, thank you very much.

BYRON DORGAN: All right. Thanks a lot.

BROOKE GLADSTONE: Senator Byron Dorgan is a Democrat from North Dakota.

BOB GARFIELD: Coming up, a TV ratings war, a radio air war, and a farewell to America's favorite Brit --who was also Britain's favorite Yank.

BROOKE GLADSTONE: This is On the Media, from NPR.