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Copyright 2000 Federal News Service, Inc.  
Federal News Service

July 12, 2000, Wednesday

SECTION: CAPITOL HILL HEARING

LENGTH: 11300 words

HEADLINE: HEARING OF THE SENATE COMMERCE, SCIENCE AND TRANSPORTATION COMMITTEE
 
SUBJECT: CONFIRMATION HEARING
 
CHAIRED BY: SENATOR JOHN MCCAIN (R-AZ)
 
NOMINATION OF FRANCISCO J. SANCHEZ TO BE ASSISTANT SECRETARY OF TRANSPORTATION FOR AVIATION AND INTERNATIONAL AFFAIRS;
 
FRANK HENRY CRUZ TO BE A MEMBER OF THE BOARD OF DIRECTORS, CORPORATION OF PUBLIC BROADCASTING;
 
ERNEST J. WILSON III, TO BE A MEMBER OF THE BOARD OF DIRECTORS, CORPORATION OF PUBLIC BROADCASTING;
 
KATHERINE M. ANDERSON TO BE A MEMBER OF THE BOARD OF DIRECTORS, CORPORATION OF PUBLIC BROADCASTING;
 
KENNETH TOMLINSON TO BE A MEMBER OF THE BOARD OF DIRECTORS, CORPORATION OF PUBLIC BROADCASTING;
 
LOCATION: 253 RUSSELL SENATE OFFICE BUILDING, WASHINGTON, D.C.
 
TIME: 9:30 AM. EDT DATE: WEDNESDAY, JULY 12, 2000

BODY:
 SEN. JOHN MCCAIN (R-AZ): Good morning. The first nomination before us today is that of Francisco Sanchez to be Assistant Secretary of Transportation for Aviation and International Affairs. I want to thank Mr. Sanchez for coming before the committee.

I'd like to recognize Mr. Sanchez's parents, Delea (sp) and Francisco (sp), who are with him today. Welcome. Welcome. Thank you. I know this is a proud day for you for your son. He wouldn't be here without you, in a number of ways.

In addition to his family, Mr. Sanchez is accompanied by his current boss, Buddy MacKay (sp), who is the Special Envoy to the Americas for the White House, and an old friend and colleague of mine. I welcome all of you here today. Among other things, the Assistant Secretary for Aviation and International Affairs is responsible for such important matters as negotiating international air services agreements, ensuring the benefits of a deregulated, competitive domestic airline industry, and expanding transportation and trade opportunities for U.S. companies around the globe.

I'll take just a moment to touch on key aviation policy areas that will face Mr. Sanchez if he is confirmed. On the domestic front, we still need to reduce barriers to competition in the airline industry; DOT must show more initiative in using its existing powers to open up constrained airports.

With respect to international aviation policy, I continue to support fully DOT's effort to pursue open skies agreements which promote free trade between countries in aviation services, and produce significant consumer benefits. All of us continue to be frustrated that the United States and the United Kingdom cannot come to terms on open skies.

I welcome for the committee, Mr. Sanchez.

Senator Burns.

SEN. CONRAD BURNS (R-MT): Thank you, Mr. Chairman, and thank you for holding this hearing today; and thank you, Mr. Sanchez, for your public service, we appreciate that very much.

I want to make a couple of points this morning. Last week they just made the assignments outside the perimeter rule out of national airport. And I feel that it was a very bad decision that they made down there.

I wish we would look, just for a second, and talk about fair. I've got a little thing here I want to show you.

This is where the slots went: Las Vegas, Denver, Phoenix, and Los Angeles. A good argument could be made for Phoenix, no problem.

How am I doing, boss?

This is the worst of them all: None in Salt Lake, where it's a hub, there are some 60-odd markets of which the Northwest gets nothing, nothing. Now there's no television here and it's a simple thing. But I want to alert you in what we have to look at with that group that you're going to work with down there.

Even the Las Vegas, I don't have a problem with; I don't even have much of a problem with Denver and Frontier. Because I'll have to change airlines, but I can do that. But it offers no competition from a hub that offers more cities in one-stop service to Washington National than any hub in the West. Do you know how much they serve there? Six cities. Six out of Los Angeles and sixty up here.

Now somebody down there did not either read the guidelines of which those slots were to be awarded. And I am more than unhappy about it because we are -- yes, we are sparsely populated, but we don't have competition, and the competition that we don't have, we pay through the nose in air fares.

So I just want to bring that up and make a point at this hearing this morning. I will be supporting you, by the way; but nonetheless, I think the Los Angeles part is just egregious, Mr. Chairman. Whenever you turn down a hub that serves sixty some odd cities in the Northwest, the Northwest got nothing out of that. Not one darn thing.

Had I known that, Air 21 would still be on the floor of the U.S. Senate.

Thank you, Mr. Chairman.

SEN. MCCAIN: Thank you, Senator Burns, and I think your point is well made. And I'd like to make a couple of additional comments about that.

Thanks to the really extraordinary efforts on the part of those who support the maintenance of the perimeter rule, including United Air Lines, including several other airlines, including the parochialism that exists here in the Washington, D.C. metropolitan area, we were unable to do what we really need to do, and that is do away with the perimeter rule and let people fly wherever the markets are.

So what we did, and I'm not taking the side of the Department of Transportation, but we really, as I said on the floor, we won a pyrrhic victory: Just 24 flights, 12 of them within and 12 of them without, outside of the perimeter rule. Then it lent itself, very frankly, to a huge amount of politicization and political pressure on the Department of Transportation.

Everybody wrote letters -- I did not, but everybody, understand we wrote letters, "give us flights to our particular city," putting absolutely to rest for all times that there is a need for flights beyond the perimeter rule in the United States of America from Reagan National Airport, which incidentally as we all know, has the highest air fares in the country.

But it is also a telling commentary, the power, particularly of United Air Lines and other airlines who wanted the status quo so that they can have the high air fares out of Reagan National and maintain what they have out at BWI as well as Dulles.

I would just remind you, the reason why we put in the perimeter rule was so that Dulles Airport, which was then a white elephant back in the Fifties, would then have a chance to grow and prosper. I landed at Dulles Airport on Sunday afternoon. It's congested, it's full, it's packed.

And by the way, I have to give credit to the Virginia delegation as well, and the Washington Post, which editorialized at least once a week about how we were interfering with the operation of Reagan National Airport by trying to change a federal law. Curious logic.

SEN. BURNS: Mr. Chairman, if you would yield just for a second.

SEN. MCCAIN: I would be glad to.

SEN. BURNS: If they just looked at the guidelines of Air 21 that was written into that, it says to provide domestic network benefit in areas beyond the perimeter, to benefit those areas. And to increase competition by new entrants carriers or in multiple markets.

We might as well have made a doorstop out of those two statements, because they weren't even looked at. So I guess that's my I have no problem with going to Phoenix for the simple reason that I think those slots will be very well served. But the Los Angeles market, to a carrier -- now I know TWA, you know, 30 wobbly airplanes, and only serve six cities out of that hub is not, that doesn't fulfill the guidelines in the language of Air 21.

SEN. MCCAIN: Let me just assure you that I will continue the struggle to try to remove the perimeter rule and other restrictions against competition, which then causes lower air fares, which then allows for more markets to be served. And when we get into our questioning Mr. Sanchez, I am deeply concerned about the consolidations within the industry, the United-U.S. Air merger; we read in The Washington Post and the New York Times this morning, American is now talking to Delta -- Northwest. If there is then a spin-off of Continental, you will end up with three major airlines in America. I am not sure that's good for America; in fact, I'm pretty sure that it is not.

Senator Lott, did you want to engage in this discussion before we allow Mr. Sanchez to talk?

SEN. TRENT LOTT (R-MS): It has been very interesting to observe it.

Mr. Sanchez, welcome, and good luck in your new position.

Mr. Chairman, I share the feelings that you and Senator Burns have both expressed, including the ridiculousness of the perimeter rule, but I think perhaps enough has been said this morning. I just want to emphasize, as you've already heard from Senator Burns, and from others as you have been making a courtesy calls.

Please keep in mind in your new position the small and underserved markets, which we have found when they get service, flourish and do quite well. Jackson, Mississippi was one of the five most underserved areas in the country. When we had another airline come in, the one that was there complained that they would probably have to reduce their service or stop serving that area. As a matter of fact, the boardings went up 106 percent of something of that magnitude; not only did the existing airline increase in ridership, the new airline was full almost immediately. So it has worked very well where they do get reasonable service in these underserved and smaller markets.

So good luck, and I look forward to working with you.

SEN. MCCAIN: Senator Rockefeller.

SEN. JOHN D. ROCKEFELLER, IV, (D-WV): Thank you, Mr. Chairman.

My priorities in aviation tend to be to try to make the system work, and that's for big markets as well as small markets; because it isn't working and for the most part we have kind of stood by here in Congress and watched the system deteriorate, and not really done very much about it until we passed the last FAA bill, which will take a while to kick in, and it won't be nearly enough.

You have an enormously important position; people underestimate it. But the power that you have, the influence that you have, the types of decisions that you have, are not only domestic but they're international and they're very far-flung on all sides.

There may be some who try to say that "Well, you haven't had a lot of aviation experience." Well, none of us had much experience when we came up here as being senators. But people said that about Jane Garvey, too, and she's the best FAA administrator I've ever seen.

So you have my full confidence. You should know that along with the national system of making air traffic safety smoother and safer and all the rest of it which we're not yet up to, obviously I have a very strong interest in small markets. You do essential air service, you administer this grant program which is new and would be very, very interesting, but I have a lot of confidence in your ability and I look forward to voting for you.

Thank you, Mr. Chairman.

SEN. MCCAIN: Senator Graham.

SEN. BOB GRAHAM (D-FL): Mr. Chairman and members of the Committee, thank you very much for this opportunity to introduce to the committee a good friend, a long friend of mine, Francisco Sanchez, who has been nominated to be the Deputy Secretary of Transportation for Aviation.

I have known Mr. Sanchez for most of his adult life. He comes from Tampa, Florida where his family is a very important part of the fabric of that community. While I was governor, Mr. Sanchez served with distinction in our administration, working particularly closely with our lieutenant governor, Wayne Nixon, primarily in economic development issues.

I can attest that Mr. Sanchez is a man of dedication, honor, integrity and very keen intelligence. One of his particular skills is as a gifted problem-solver, which from the opening comments, sounds as if it would be a characteristic extremely valuable in this position.

Mr. Sanchez, although a relatively young man, brings a rich blend of public and private sector experience, including employment with one of Florida's leading law firms and later the Dispute Resolution Center at Harvard.

Mr. Sanchez has a special appreciation of the aviation needs of rural communities, small towns and underserved areas; experience and expertise that he will be able to use at the Department of Transportation. In part, this experience was gained through his work in state government where part of his portfolio was to bring aviation service to underserved communities in Florida.

He also served as the first director of Florida's Caribbean Basin initiative program. He has used his expertise in Latin America and the Caribbean in many other positions.

One of Frank's particular skills is in negotiation. He was part of the Harvard negotiation group which has been very instrumental in not only educating individuals and groups about negotiating skills, but also actually applying those skills. As the managing director of CMI International Group, Frank designed and facilitated the negotiations for complex international transactions in labor- management.

He has worked in such diverse areas as Medellin, Columbia as part of a teaching tolerance program, an initiative to end violence in that province. He played an advisory role in ending the Peru-Ecuador dispute which contributed to a peace treaty signed in October of 1998, and I can say I know his firsthand abilities in the area of negotiation because he taught to our Washington staff and myself, through an intensive, multi-day seminar, techniques in negotiating skill which all of you have had an opportunity to be exposed to, and thus you can now understand why I have been so persuasive in asking your support for common causes.

Currently, Mr. Sanchez serves as Special Assistant to the President and Senior Advisor to a Special Envoy for the Americas, Ambassador Buddy MacKay. There his focus includes economic issues, democracy, judicial reform, human rights, health and education systems, environmental policy and sustainable development.

Mr. Sanchez has a bachelor's and law degree from Florida State University, and a Master's degree in Public Administration from the Kennedy School of Government.

Mr. Chairman, Members of the Committee, I appreciate the chance to be here today. I am certain that you will find the same qualities in Mr. Sanchez that I have known for many years.

My colleague, Senator Mack, has asked me to join in support of Mr. Sanchez, and I would like to submit his statement for the record.

SEN. MCCAIN: Without objection.

SEN. GRAHAM: Thank you very much, Mr. Chairman.

SEN. MCCAIN: Thank you very much, Senator Graham. I know you have a very busy schedule this morning, and we appreciate the fact that you would take the time out on behalf of your friend and fellow Floridian.

Thank you very much, Senator Graham.

Senator Dorgan, did you have anything to say before we allow Mr. Sanchez to say a word?

SEN. BYRON L. DORGAN, (D-ND): Mr. Chairman, I will wait and, if it's permissible, I want to ask Mr. Sanchez a few questions. But let me just say that I am delighted that he is here. I think he has wonderful credentials, and I am supportive of his nomination.

I thank Senator Graham for his wonderful introduction. I would like to ask him a couple of questions following his testimony.

SEN. MCCAIN: Mr. Sanchez, welcome to the Committee.

FRANCISCO J. SANCHEZ: Thank you, Mr. Chairman, Members of the Committee.

I am honored to come before you today as you consider my nomination to be Assistant Secretary of Transportation for Aviation and International Affairs. I especially appreciate the Committee's efforts to expedite my nomination during this busy legislative period.

And I want to thank Senator Graham for his kind words. My introduction to public service began 20 years ago when I first went to work for Senator Graham in the Florida governor's office. I thank him for that opportunity and I thank him for his continued support today.

I also want to thank Senator Mack for his written testimony in support of my nomination.

I am also pleased to be joined today by Special Envoy for the Americas Buddy MacKay, himself a former Member of Congress.

Serving as chief of staff to Special Envoy MacKay has allowed me to advance America's strategic and economic interests throughout the Western Hemisphere. I want to thank Mr. MacKay, and I also would like to thank the special envoy staff for their friendship and tremendous support.

Finally and most importantly, Mr. Chairman, I want to thank you for acknowledging my mother and father. I am grateful for their consistent support and encouragement over the years, as well as that of my friends who have joined me here this morning.

Mr. Chairman, I am deeply honored by the confidence that the President and Secretary Slater have placed in me. The President and Secretary Slater recognize the critical importance of the international transportation system to our nation's economy, security, and quality of life.

The Office of Assistant Secretary for Aviation and International Affairs will tackle numerous complex issues. I know that my time is limited, but I believe that my background and my energy can be valuable assets as we work to increase competition and access at home and open up new markets abroad.

I know this committee has worked hard to enhance air service and airline competition in domestic communities both large and small. I will work to ensure that the Essential Air Service program is responsive to airline customers throughout the United States. The Department of Transportation will also monitor the impacts of airline consolidation, providing input on major changes like the merger of United and U.S. Airways.

As chief of staff in the Special Envoy for the Americas office in the White House, I became intensely aware of the need to promote free and open markets. I am ready to draw on my background in negotiation to help the Department complete open sky agreements with foreign governments in all corners of the world.

Before joining the Special Envoy staff, I was managing director of an international consulting firm specializing in negotiation strategies for business and government. This experience can be an asset as we move forward with negotiations with the United Kingdom, and expand multilateral aviation agreements with APEC, the Asian Pacific Economic Cooperation organization.

I look forward to working with this committee, the industry, labor and other interested groups to help the United States achieve transportation excellence in the 21st Century.

Thank you for your consideration. I would be happy to address any questions that you may have.

SEN. MCCAIN: Thank you very much, Mr. Sanchez.

My first question to you is, did you see this morning's paper about a possible merger between Northwest and American?

MR. SANCHEZ: To be honest, I was preparing for possible questions and reading my statement over, so I didn't read the paper this morning.

SEN. MCCAIN: Well, the rumors of it, I am sure you had heard even before.

MR. SANCHEZ: Yes, sir, I have.

SEN. MCCAIN: Do you share the concern of many, including me, that we could end up with three mega-airlines in America?

MR. SANCHEZ: I share the concern that we need to be ever- vigilant, that we maintain a competitive airline industry. I think that much has been accomplished.

SEN. MCCAIN: Do you believe that three airlines is good for America?

MR. SANCHEZ: I am not sure what number is appropriate or inappropriate. I know that it will be a priority of this office and my tenure to contribute as much as I can to analyze and --

SEN. MCCAIN: I'd like some straight answers, Mr. Sanchez. Do you believe that it is good for airline competition for us to go from six major airlines to three major airlines?

MR. SANCHEZ: I don't feel I have enough information to respond to whether three or six or four are correct. I know that I need to be very concerned about the impact of a reduction in the number of airlines, and I will work as hard as possible with you and members of this committee as we analyze that.

SEN. MCCAIN: Could I just pause for a minute? The Majority Leader obviously has to try to make the train run on the floor of the Senate, and I'd like to pause so that he could make a very brief statement. And we'd be pleased to have him leave, anyway.

SEN. LOTT: Well, I appreciate your courtesy, Mr. Chairman, and the indulgence of my colleagues. And again, I've already wished the best to Mr. Sanchez.

I think he's an excellent choice and I look forward to working with him.

I had hoped to be here for the next panel, but we do have a matter on the floor of the Senate I need to go work on. I just want to extend my congratulations and offer my support to the four nominees that will be on the next panel for the Corporation for Public Broadcasting. The Chairman, Mr. Cruz, Mr. Tomlinson, Mr. Wilson and the renomination of Katherine Anderson, who has been on the Board for three years.

I think this is a good group of nominees for this Board, of the Corporation for Public Broadcasting. They have an important role to fulfill, educational TV can be very positive. I have felt in the past that it has not done some of the things it should have done. Mistakes obviously were made with the way the lists were handled; and I do think that sometime a biased point of view was reflected. But I think that progress has been made in trying to straighten that out and have a fairer presentation; and I certainly hope that you are successful and I offer my support to this Board, and I thank you, Mr. Chairman, for allowing me to make this brief statement.

SEN. MCCAIN: I thank the Majority Leader, and I appreciate his continued involvement in the committee work, given his other responsibilities. I believe I'm correct in saying we'd like to move these quickly to the floor for full Senate confirmations.

SEN. LOTT: Yes. Thank you.

SEN. MCCAIN: I thank the Majority Leader.

Mr. Sanchez, do you support eliminating the perimeter rule at Reagan National Airport?

MR. SANCHEZ: I'm not prepared to make a statement on that. As you know, I haven't gone to the Department of Transportation yet. I know that my mandate as, the Department's mandate is to do everything it can to increase competition. So I think we need to look at all options as we try to do that, working with the committee.

SEN. MCCAIN: Well, I regret that you can't give me answers to two very important questions.

Senator Burns?

SEN. BURNS: I think I have already made my statement. I don't think he wants to sit through that again. I am disappointed that -- those are two questions I would imagine that are probably the most important questions that will be asked of this committee, of this office. Especially air service, those kinds of things, are very, very important to our part of the country.

So I have no questions.

SEN. MCCAIN: Senator Rockefeller?

SEN. ROCKEFELLER: I think you answered those questions precisely as you should have. And that is that you haven't taken office yet, they would try to put you on record on two issues which are extremely important to a lot of people; one much less so to me than to the Chairman. But I think you did the right thing in answering that way.

I would hope that, you have had a lot of international experience, you have very good relations with the White House, and I say that in the best sense of the word; that's something that DOT has needed, and I think that you can be very effective in helping formulate policy.

I don't really have any questions beyond that, except for an observation. And that is that Senator Dorgan and I, and Senator Burns come from very rural states. There's an interesting kind of a conflict between that, because we understood -- or at least we should understand that when their problems in Cleveland or Chicago or LaGuardia, the bigger airports, that we're the first ones to get hurt. In other words, if the thunder storms are a mix-up or delay or whatever, we're the first ones to get hurt because we're the first ones they start canceling flights out; that is the small airports.

So it's a tricky business when one, you're looking on essential air service, you're trying to increase competition into small areas. And yet those small areas are also affected primarily by what happens in the large ones.

So you've got a hard job, and we in Congress -- I think a lot of the fault of all of this is our lack of leadership in Congress. I mean, I think that the airlines are blamed and can be, and people's expectations are too high, and that's understood. But we also understand it's going to be twice as bad before the FAA authorization bill, which we thankfully passed, has really a chance to kick in.

So we're going to get a much, much worse situation of delays and cancellations and passenger frustration; much less -- you know, the next airline into China, and when are you going to announce what that might be and what's the delay, and you're not in office yet, and you're not confirmed so you can't do that.

But it's a very, very tricky business. I am one who feels that with the airlines, that aviation has sort of overtaken our highway system, as important to the development of America, and particularly the rural America. The highway system is everywhere now, and the relative strength of the economies of the states hasn't changed all that much. I think the aviation system, if properly apportioned, and fairly apportioned throughout the States, can make that kind of difference. And in a so-called new economy world, will make that kind of difference.

So I really wish you well, and I have an enormous amount of respect for what you bring. Thank you.

SEN. MCCAIN: Senator Dorgan?

SEN. DORGAN: Mr. Chairman, thank you.

Mr. Sanchez, as I indicated, I am going to support your nomination; I think you have very impressive credentials. You have not, it appears to me, worked extensively in aviation issues or areas.

MR. SANCHEZ: That's correct.

SEN. DORGAN: And while I don't have heartburn about your reply to the Chairman, I think the Chairman's questions are important questions, and I want to probe a bit on those issues.

I think it's very important that we understand how you feel about where all of this is heading. How has deregulation of the airlines affected our country? How has it affected rural areas versus urban areas? What has it meant in terms of increased or decreased competition? What has it meant in terms of fares and so on.

The Chairman mentioned that this morning in the newspaper there was a rather large article about the prospect about a merger between American Airlines and Northwest Airlines. I have no specific knowledge of that issue, I should say, but I am very concerned about it; I am concerned about the proposed United-U.S. Air merger; I am concerned about what I am sure inevitably would be major talks between Delta and Continental.

I am concerned about ending up with three major airline carriers in this country, and I am concerned about the merger-stopping justification at least, justification for mergers, talking about creating seamless transportation systems. I suppose the ultimate seamless transportation system is to have one company left, and they'll decide who they serve, when they fly, how they fly, what kind of equipment they fly and what fares they charge, and if you don't like it, tough luck. That's the ultimate seamlessness. And of course it is antithetical to everything we understand about the free market system and how it ought to work to serve the American people.

So the question is this: We're kind of, I think, at the famous fork-in-the-road here. And one road, with respect to the domestic airline industry, leads to more mergers, it leads to fewer and bigger airlines, it leads to less choice and it leads to higher fares. The other road, of course, has a better destination and better outcome.

I would like to understand, as you come to this job with the objective of ensuring the benefits of a deregulated competitive domestic airline industry, give me your sense of these issues.

I mean, the Chairman has asked about them. I wasn't here, but I understand Senator Burns referred to it. I asked about it.

Give me your sense of this. I have a real foreboding about these merger discussions. I think this is serious, serious stuff. What's your impression?

MR. SANCHEZ: Well, let me begin with your first question of what I think deregulation has meant for the airline industry and for our country. I think it's been very good. I think it's helped bring down prices, I think that it has stimulated competition. I have been involved, in one form or another, of economic development sometimes for my own company, other times on behalf of the State of Florida, and most recently promoting open markets within our own hemisphere.

So just as a basic premise, I believe that more competition, deregulation has been a good thing. On the negative side, as Senator Rockefeller can attest, small communities have experienced challenges. And as Senator Graham mentioned, I served in his administration in several capacities, one of which was at the Florida Department of Commerce, where part of my portfolio was helping smaller communities develop economically. And without a strong transportation system, particularly air service, those communities could not thrive.

So on balance, I think it's been very good and I think there are areas where we need to pay particular attention and be as helpful as we can.

I guess another premise that I come in with is that competition works strongest where we have a lot of competitors. Having said that, I don't feel comfortable shooting from the hip and offering -- with all due respect, I don't mean to not answer straight, but I do want to have the benefit of analysis, I want to have the benefit of reflection that we will get through this process before I offer very concrete responses to whether there should be a certain number and what that impact is. But I can say in general, those are my feelings about open markets, about deregulation, and about competition.

SEN. DORGAN: But would you concede that a domestic airline industry with six or eight or ten healthy domestic airline companies is better than an aviation airline industry with three companies? I mean, that's the question that was asked earlier. Right off the top, I'd say "absolutely."

Generally speaking, in a competitive environment, in a market system in which user's prices are regulated by competition, and you have got entrants and contestants that are aggressively competing for the consumer's dollars, more is better.

I used to teach economics and overcame that, ultimately -- but it's just fundamental that more is better in this circumstance. Do you agree with that?

MR. SANCHEZ: As a general premise I agree, Senator, that more competitors tends to lead to more competition. I think that's an accurate statement.

SEN. DORGAN: And fewer competitors, as a result of deregulation, has resulted in less competition in some areas of the country; would you agree with that?

MR. SANCHEZ: Again, without knowing which areas of the country to which you're referring, but I know that some areas are underserved and we need to do what we can to help bring service to those areas.

SEN. DORGAN: You know something, I can show you how you can fly twice as far for half as much. If you want to leave this table and fly to Los Angeles, I can show you how to fly to Los Angeles, which is twice as far as flying to Bismarck, and you can fly twice as far and play half the price.

So that relates to my question of how this system works and who benefits, and whether it is truly competitive and whether it would be enhanced or injured by more mergers.

I would not want to send anybody into any agency that becomes part of the grateful dead that just sits around when merger talks are going on saying "Well, gosh, that's okay with us." I want real tigers to be in these agencies saying, "I want to aggressively look at these issues on behalf of the American consumer, and see whether this enhances the market system in this country." Because this country is better off with robust, aggressive competition.

And as I read this morning's paper -- we had a hearing here, in the chair that you sit now, we had the CEOs of United Air and U.S. Air. If you just listen to that in isolation, you would just think, "Gosh, that's the best thing in the world for the country, to have these two big companies merge." And I'm sure Northwest and American, if they ever get together, they'd come and say the same thing. Pretty soon it will be down to three companies and then two companies. Frankly, I don't think that's in the country's interest, and I want to send somebody to DOT that's going to look at ensuring the benefits of a deregulated, competitive domestic airline industry who is going to be a real tiger, who has real passion about these things.

MR. SANCHEZ: Senator, I can assure you, I've heard you, I've heard your concerns, I've heard the Chairman's concerns, and I can commit to you and pledge to you that I will work hard with this committee, with individual members, to make sure that together we ensure a competitive air service here in this country.

SEN. DORGAN: Mr. Chairman, I've taken more than my time.

SEN. MCCAIN: Thank you, Mr. Sanchez. I may give you an opportunity to reflect and analyze before we move your nomination.

Any further questions?

Thank you very much, Mr. Sanchez.

MR. SANCHEZ: Thank you, Mr. Chairman.

SEN. MCCAIN: The committee will now move to our second item of business, review of the renominations of Ms. Katherine Anderson and Mr. Frank Cruz as members of the Board of Directors of the Corporation for Public Broadcasting, and the nominations to the Board of Mr. Kenneth Tomlinson and Mr. Ernest Wilson.

I welcome the nominees to the committee, and I invite at the beginning of their statement to introduce any family members that may be present today.

As we consider these nominees to the Board of CPB, we must acknowledge that the sweeping changes affecting the entire telecommunications industry impact CPB as well as more commercial interests such as cable, satellite and commercial broadcast television.

In the past, I've criticized CPB for a lack of objectivity in public programming, and I've encouraged nominees to work towards improving programming balance. I believe that CPB has made significant strides in this area, and I have encouraged nominees to work towards improving programming balance.

I believe that CPB has made significant strides in this area, and I hope the Board will be vigilant in ensuring that future programming is balanced and objective. I look forward to hearing how these nominees perceive the changes and new challenges they face, and hearing how they intend to deal with them.

We will begin with Ms. Anderson. Welcome back before the committee, Ms. Anderson.

KATHERINE ANDERSON: Thank you, Mr. Chairman.

Mr. Chairman, I do have my husband with me today, he is Tom H. Anderson, sitting right here.

SEN. MCCAIN: Welcome, Mr. Anderson.

MS. ANDERSON: Mr. Chairman and Members of the Committee, thank you for the opportunity to appear before you today to discuss my renomination to the Board of Directors of the Corporation for Public Broadcasting.

I would first like to express my appreciation to the President for nominating me, and to the Senate Majority Leader, Trent Lott, for recommending me. I'm very grateful for their support.

I first appeared before this committee as a nominee to the CPB Board nearly three years ago, and today I appear as a nominee for a second term. I bring to public broadcasting an entrepreneurial spirit and a background of service in both the public arena and the private sector. I am drawn to public broadcasting because of its reputation for providing excellent educational programming.

Education is the cornerstone of public broadcasting and its commitment to children is as old as public broadcasting itself but more vibrant than ever before. The celebrated and award-winning children's programs that appear on public television are testament to its devotion to preparing America's youngest citizens for the classroom and teaching them more about the world around them.

From Sesame Street to Zoom to Mister Rogers' Neighborhood, public television has a reputation of providing excellent children's programming. This tradition continues with new children's programs, such as Dragon Tales and Between the Lions, a series focused on teaching kids to read. These programs make learning fun for children. I believe that CPB can build on this legacy creatively, looking for better ways to stretch federal dollars through innovation, partnerships, and new technology.

Digital technology gives public broadcasters educational tools we have never had before. It promises to revolutionize the educational and cultural impact of public broadcasting for both children and adults. When we convert to digital technology, viewers will be able to interact with television rather than just passively view it.

For example, an enhanced viewing of Great Performances would allow a viewer to watch the performance, follow the written music score, and perhaps even mute a particular instrument and play along with the orchestra. The viewer would even be able to receive a violin lesson taught by musician great Itzhak Perlman by simply clicking on the "Troubleshooting Guide for the Violinist."

More channel space will also be available through digital technology, at least four channels per station, allowing public broadcasters to simultaneously broadcast programs that appeal to different audiences and age groups.

This means that on a single digital channel, a station might offer, in addition to the main programming feed, a dedicated children's channel, an adult lifelong learning channel, and a local programming channel emphasizing a special interest in the viewer's local community.

While CPB works to take advantage of digital technology and the promises that it holds, public radio and television will continue to improve and innovate in other aspects, including operations and services.

Public broadcasting has made significant progress in these areas. CPB has phased in policy changes to distribute federal funds more efficiently, and to better ensure that public broadcasting stations are focused on serving their communities. The result is that more funds are available for incentive-based matching grants, and more stations sharing a market are cutting overhead by working with their neighbors through cooperative arrangements.

To further assist all stations in improving their service to the community, CPB created television and radio Future Funds. The Future Funds are used to invest in critical new initiatives that help stations improve and increase their services, and share best practices for better operations in the future.

In addition, both the Television Community Service Grant and the Radio Community Service Grant have recently been rewritten to direct a higher percentage of resources to rural and minority stations.

I believe that these initiatives exhibit a responsible use of government money, and I support such policies. This is a very unique time to be involved in the broadcasting industry. If confirmed to this position, I will work to ensure that CPB continues to be a leader in putting technology to work for the benefit of all Americas, and that as today's technologies change, public broadcasting remains committed to offering a standard of excellence and a commitment to education for all its citizens.

Thank you for this opportunity to appear before you. I'm happy to answer any questions.

SEN. MCCAIN: Thank you very much.

SEN. MCCAIN: Mr. Cruz, welcome.

FRANK CRUZ: Thank you, sir.

My relatives and my family are in the State of Arizona and California; they are not here with me today, but they are here in spirit.

Mr. Chairman and Members of the Committee, thank you for this opportunity to appear before you today to discuss my renomination to the Board of Directors of the Corporation for Public Broadcasting. I would like to begin by thanking President Clinton for renominating me again, and I would also like to acknowledge the strong and thoughtful leadership of Diane Blair who immediately preceded me as CPB Board Chair, whom I served as Vice Chair for two years. I mention her because she just recently passed away a couple weeks ago.

This is an exciting and challenging time to be part of public broadcasting; technology is changing rapidly, and these changes provide public broadcasting with an opportunity to reach new people and to empower new voices and to meet the changing educational needs of adults and children in communities across the country. I have a strong desire to be part of the CPB Board at this time, and to use my skills and experience to help build and lead public broadcasting into the 21st Century.

I believe that my past experience on the CPB board and my professional background in broadcasting, management, business, can add to CPB's mission of education, diversity and technology.

I grew up in the barrios of Tucson, Arizona, a little barrio that we affectionately called "Hollywood." We called it Hollywood because it's the exact opposite of Hollywood. But of such roots and background I came from. I was raised by a mother who was left a young widow shortly before I was born. After graduating from high school, I was an enlistee in the U.S. Air Force. Then I went on to become a high school teacher in the inner city of Los Angeles.

Almost thirty years ago I began a career in broadcasting as a reporter and as an anchor for KNBC in Los Angeles, KABC in Los Angeles; and after KNBC, I went on to create a Spanish language independent station in Los Angeles, KVEA-TV. Then shortly thereafter, I was the founder and the chairman of Telemundo, the nation's second Spanish-language network. And more recently I founded and served as chairman of Gulf Atlantic Life Insurance Company, the first Latino- owned life insurance company in the United States.

I also have been recently appointed as a member of the University of Southern California Board of Trustees, after receiving both my bachelor's and master's degrees from USC, and I am proud of that. My career in education, broadcasting and business have responded to the needs of our ethnically-diverse population, and I in all honesty can tell you I'm proud to be the first not only minority chairman ever of the Corporation for Public Broadcasting, but obviously the first Hispanic ever to chair CPB.

Throughout my life, I have always been very aware of diversity. While a young man in the Air Force, I realized that America truly embodies a melting pot and a mosaic of cultural beliefs and customs, and if I am reconfirmed to the CPB board, one of my goals for public broadcasting will be to continue to promote and encourage diversity programming for, by, and about diverse audiences.

At a time when the commercial broadcasters are being criticized for their lack of diversity, public broadcasting continues its strong commitment to meeting the diverse needs and interests of every American. I believe that the digital technology offers public broadcasting even more opportunity to provide programming that reflects the diversity and the rich culture of America.

Having worked both as a high school teacher and as a college professor in California, I understand how important it is to provide educational opportunities to all members of our community. Education can open doors of opportunity to everyone, as I have witnessed in my own personal life. I truly believe that public broadcasting can does play an important role in providing educational opportunities.

From its new children's series, Between the Lions, aimed at helping young children learn to read, to PBS's Adult Learning Series, geared to providing lifelong learning, public broadcasting remains committed to ensuring the growth and development of instructional, educational and cultural programming.

For example, the Annenberg/CPB Channel, which is really an excellent combination of private sector -- due to the generosity of Ambassador Annenberg, and CPB and federal dollars. That free satellite television and web service funded by The Annenberg Foundation and CPB provides professional development in all core subjects to teachers nationwide, free. The service is currently received by more than 45,000 schools throughout the nation as well as in 22 million homes, and its audience grows by over 1,000 schools and 500,000 homes per month. I'd like to add that the video and web-based resources of the Annenberg/CPB channel look carefully into the real classrooms across the country, feature the finest minds in education, and they promote discussion, reflection and change throughout the teacher corps nationwide.

I'd like to add that the Annenberg/CPB channel will soon be used by thousands of non-credentialed teachers how are in the process of getting credentialed in the State of California throughout that system; so your taxpayer dollars through CPB are going well to work in that direction.

Perhaps the newest challenge, however, that we face is effectively responding to the emerging technology. Digital broadcasting promises to greatly improve public television's ability to educate, inform, and serve the American people. The digital age will allow for enhanced programming where each individual television program will have the potential to deliver multiple layers of information simultaneously, as opposed to the only one layer which is offered now through the analog technology world.

In addition, digital technology will enable stations to multicast, broadcasting children's programs and adult education simultaneously. While the digital age poses a great financial challenge to the public broadcasting community at large, it will also improve public broadcasting's public service to all Americans.

These are challenges that I welcome and I will continue to help public broadcasting meet if I am confirmed to another term on the CPB Board.

Thank you so much for the opportunity to appear before you, and I'd be happy to answer any questions that you may have of me. Thank you.

SEN. MCCAIN: Thank you, Mr. Cruz. I thank you and Ms. Anderson for the fine job that you have done in your previous tenure, and I believe that you are highly qualified to continue in this very important work.

I thank you both.

SEN. MCCAIN: Mr. Tomlinson. For the record, Mr. Tomlinson and I have known each other for many, many years, and I'm very pleased to see an old friend nominated for this very important position.

Mr. Tomlinson.

KENNETH TOMLINSON: Mr. Chairman, I am honored to be here. Before, I'd like to introduce my wife, Rebecca, and my sons, William and Lucas.

SEN. MCCAIN: Welcome. I notice that one of them is in uniform. I'm pleased to see that, Mr. Tomlinson.

MR. TOMLINSON: We're very proud to see Lucas still in uniform after four years over there.

Mr. Chairman, I'll offer to forego reading my entire statement. I would point out that I'm a lifelong journalist; I had the privilege to study broadcasting, since I served as foreign correspondent in the 1970s, as Director of Voice of America; and in the eight or so years I served on the U.S. Board for International Broadcasting, I had a chance to implement a lot of the ideas I had formed in studying international broadcasting, studying broadcasting. Especially in studying the model of the BBC World Service.

I will pause to say that whenever we gather in a forum like this, I think we should reaffirm our commitment to political balance in our broadcasting, and we certainly want to do so today. I realize that we don't have to look far for a good model, because within PBS there was the great original McNeil/Lehrer Report, now the Jim Lehrer News Hour, which has served as a model for in-depth broadcasting for balance in broadcasting.

I believe passionately in the mission of public broadcasting. I'm especially committed to the role many of our local stations play in the preservation of the culture of music in this country, whether you're talking about Delta Blues or bluegrass or gospel or jazz, our local stations, especially some of the ones I've been associated with as a volunteer and supporter of; KCY in New York and WAMU here in Washington have done a marvelous job at preserving our musical heritage.

Be happy to answer any questions, I would be happy to read further from the statement. And Mr. Chairman and Members of the Committee, thank you very much for considering my nomination.

SEN. MCCAIN: Thank you. Pleasant to see you again, Mr. Tomlinson.

SEN. MCCAIN: Mr. Wilson, welcome.

ERNEST J. WILSON, III: Thank you, Mr. Chairman.

I would first like to introduce my wife, who is here with me this morning, Dr. Francia L. Wilson, who is here in the room.

SEN. MCCAIN: Welcome, Dr. Wilson.

MR. WILSON: Mr. Chairman and Members of the Committee, I first want to express my gratitude to you for holding this hearing, and to the President for nominating me to serve on the Corporation for Public Broadcasting. I am deeply honored to be here today.

This is a very exciting time to be a part of public broadcasting. Our rapidly changing technology offers new opportunities to expand public broadcasting's educational mission, and to reach even more diverse audiences than are already being reached today.

The CPB Board has identified three major priorities for the coming years: Education, technology, and diversity. And if confirmed for this Board, I pledge myself to advance each of those objectives to the fullest of my abilities.

As an educator, I am especially committed to advancing the educational goals of CPB for all Americans. I've been involved in academia for more than 25 years. I've taught at the University of California at Berkeley, University of Pennsylvania, University of Michigan, and now at the University of Maryland-College Park, where I serve as Director of the Center for International Development and Conflict Management.

In addition, I have experience in broadcasting that includes work with United States Information Agency, Radio Free Europe, and other federal broadcasting units. I've also had positions within the Executive Branch, including the National Security Council and the private sector, with the Global Information Infrastructure Commission.

I am also strongly committed to helping public broadcasting think through and advance, and take full advantage of the benefits of the new digital technologies, which are so enormously important and which my colleagues have already addressed. Much of my recent career has been spent working on the issue of the information revolution, and I'm currently in the process of doing a book for M.I.T. on that topic. So I really look forward for working with my colleagues on the issue of digital conversion.

As public broadcasting has always been a leader in putting technology to work for the benefit of all Americans, if confirmed I will work to ensure that public broadcasting remains a leader in developing, testing and implementing these technologies.

For public broadcasters, the goal of universal access means not only providing broad cat service services to individuals living across the United States that are geographically isolated or rural, but also reaching out to unserved or underserved populations as well. It is important then that public broadcasting continue to ensure that underserved communities have access to new technologies.

Technology allows adults and children to learn of the world around them and helps all racial, ethnic and socioeconomic groups to understand one another better.

I am committed to working to close the digital divide in technology that exists today in our country, and if confirmed, will work to ensure that public broadcasting continues to meet the needs of underserved communities. By providing these communities access to new technologies, I believe we can enhance the opportunities for them to tell their own local stories. I believe public broadcasting can have a significant impact to help close the digital divide.

I have been a longtime admirer of public broadcasting and believe it is unique in being able to reach out to all Americans.

If confirmed, I hope to serve the nation in these areas where I have some experience and I hope some expertise to offer to the Board, especially in helping CPB meet its objectives in education, in technology, and in digital media convergence.

I am committed to upholding the high ideals of public broadcasting, including balance, serving underserved and unserved audiences, and in particular minorities, educators and children.

Thank you very much, Mr. Chairman, for the opportunity to be here today.

SEN. MCCAIN: Thank you, Mr. Wilson.

I want to thank all witnesses for their willingness to serve. I believe that all of you are well-qualified, and I appreciate again the willingness to take up very important responsibilities.

I would like to discuss one issue with all of you that is in the process of being addressed in some fashion or another, either by the Congress or not by the Congress.

As you may know, recently the FCC has made a decision to allow low-power FM stations to operate, that are low power and these broadcasts would take place in neighborhoods and obviously limited geographical areas because of the low power FM status.

In the view of many including me, this is an opportunity for churches, for neighborhood organizations, for minorities to set up small broadcasting facilities and have an opportunity that otherwise they would not have if they were required to set up the more elaborate, more expensive, higher power FM facilities.

The National Association of Broadcasters, not surprisingly, is in opposition, basing their opposition that somehow this might interfere with other broadcasting stations.

I have legislation that requires there to be proof that these low power FM stations do interfere, and then they can be shut down, that determination being made by the National Academy of Sciences. There is legislation that is attempting to be inserted in appropriations bills and other ways which would basically shut down low power FM stations.

Much to my surprise, National Public Radio has come out in opposition to my legislation and in opposition to these low power FM stations being set up. All four witnesses have talked about the necessity for diversity, for as many Americans as possible to partake in this business, and I would hope that you would urge the National Public Radio to reexamine their position on this issue.

I don't expect you to respond unless you wish to on this issue, because I don't expect you to be totally up to speed on it. But I hope you will look at this issue, because I view it, as the FCC does, as an opportunity for minorities, for others to have a voice that they otherwise would not be able to take part in broadcasting.

If you would like to make any comments, I would be glad to respond.

Mr. Cruz, you look as if --.

MR. CRUZ: I couldn't agree with you more, Senator McCain, that the idea of the concentration of media in America as we can see has been getting into smaller and smaller and fewer and fewer hands; and this is an excellent opportunity, I think, for community groups and minorities and churches and others to perhaps utilize the airways with the low power FM.

I think your efforts, with your legislation, I think is a positive step to helping resolve that particular issue and that concern.

The concern that we have had really is one more of technology, and it's not that we're against the concept; it has been more of trying to find out if indeed that there is interference.

I might add, in addition to National Public Radio we have about sixty-some odd minority owned radio stations, public broadcasting stations across the country. Most people just know of NPR, but there is Claudio Bilingual, the bilingual station throughout the Southwestern part of the United States. And there's one for Native Americans also, Radio Arrows, and several others across the country that we already support. So we endorse that concept of many voices and diverse voices.

But the issue has been one of the technology influencing and interfering, and I think the suggestions of the legislation you have offered might be a good compromise or a good way of getting at the issue.

SEN. MCCAIN: I thank you.

Any of the other issues would like to comment?

MS. ANDERSON: I applaud the policy and agree with you, I would like to see more movement towards the solving of the interference problems.

SEN. MCCAIN: Thank you, but Ms. Anderson, I also want to make -- it's perfectly clear. If the proposed legislation of the opponents -- who to my understanding National Public Radio is supporting -- that will shut down low power FM. Let's be very clear as to the effect of it, because these people don't have the resources or the expertise to prove that they will not interfere under any circumstances.

So let's be very clear about the effect of pending legislation on low power FM. And I don't think any objective observer would argue differently. No one would support any entity beginning that would interfere with existing broadcasting that is licensed -- it would be totally unfair.

The question is whether there be an organization such as the National Academy of Sciences to make the judgment or not. And that body, in my view, is perfectly qualified and objective enough to make that decision.

So I don't want to belabor it, but I think that time after time throughout the years that I have been to this committee, we lament the fact that minorities, community-based organizations, religious organizations, et cetera, do not have an opportunity. This is an opportunity and it's about to be killed.

There ought to be a way to make sure that they have that ability and at the same time prevent them from interfering with existing broadcasting capability.

Senator Rockefeller.

SEN. ROCKEFELLER: Thank you, Mr. Chairman. I agree with your legislation, and I think it's a very good solution to the problems that have been raised, including by many who just simply don't want face competition.

I have two questions, really. The first is more philosophical, the second is more specific.

One of the things that troubles me as a lover of classical music is that only about four or five percent of CDs bought in this country, purchased in this country, are classical; and all the rest is what I would refer to, with the possible exception of bluegrass and jazz, as "junk."

Interestingly, I just came back from a week in Thuringia, which is the province of East Germany where Johann Sebastian Bach grew up, and we traced his footsteps in the various places he had been to; and that is an area which has an enormous loyalty, obviously, to him and to the music of the high baroque. All their record sales are four to five percent for CDs.

Now I may be wrong, but it's my general impression that although when public broadcasters refer to the number of Americans who watch or listen to National Public Radio or television, they always talk about 100 million people a week, but still it's about four or five percent of the American people who listen to public broadcasting or watch public television on a regular basis.

It's very, very disturbing. We can have all of the talk about digital divide and technology and the rest of it, and I'm very curious, because it comports with things that worry me about democracy, for example; I think there's only about six percent of Americans who vote for boards of education. We have 16,000 boards of education; typically they're placed last on the ballot, right before the bond levy, where everybody comes out to vote "no." And I don't know why we place them last on the ballot, but we do, so I've always been of the mind that the local board of education is probably one of the most important elected offices in the land. And again, the six percent factor.

So philosophically, how do you react to that, Mr. Cruz? What does CPB, what can they do other than funding, set certain kinds of policies, to fight that trend? I don't believe that one should accept that as a condition of the American people. I think the condition of the American people depends upon the forces that are applied to them or the enticements that are presented to them.

The four or five percent is not good. CPB, both public broadcasting and public television is excellent, but the viewership is insufficient and it has not changed in a while. I wonder how you worry about that and what you contemplate when you think about that.

MR. CRUZ: Let me answer your first question in terms of the classical music. I so happen to be the trustee of the University of Southern California, and it is one of the classical stations for public radio KUSC. There are at least eight, if memory serves me correctly, or so dedicated classical public radio stations across the country.

And in an effort to help them in terms of perfecting fund raising and in terms of getting them to have a better and a higher profile of interest in reference to classical music, we have funded several projects aimed at bringing them together; we have one with the University of Southern California and one in the State of Colorado where we are getting them together so that they can find better ways of running their, if you will, subset of classic music business and industry.

But I couldn't agree with you more. Philosophically, I don't know why the American public doesn't take to that kind of music more or why they don't vote and turn out -- I think these are issues that we could debate for quite some time.

In terms of the viewership of public broadcasting, philosophically as a whole and the loss of audience that you were saying, I so happen to have worn that hat of the commercial side for twenty-some odd years. On the English side for about sixteen, on the Spanish-language side for about six. And quite frankly, Senator, sometimes I'm almost embarrassed to tell you how I feel about what the commercial side is doing.

Clearly what drives me with a passion, and in my belief of public broadcasting, is because of the alternative that it does offer. Public broadcasting, study after study recently has shown that -- at least one out of Princeton showed that 82 percent of the American public still believed that PBS is as important if not more important than before; indicative of the fact that they feel that we are providing a good alternative service to the American public.

When I sit in Los Angeles in the suburb of Orange County where I live, and I tune in to ABC News or -- not to pick on my old networks that I worked for, it's downright embarrassing when an hour's newscast is interrupted because they're going to have a 45-minute high speed chase on the freeways. I mean, that is really a great news disservice and a great disservice to the American public.

We don't do that in public broadcasting. Whenever there are hearings pertaining to violence, violence to children to violence in America, we are conspicuously absent from those hearings because public broadcasting has always been a safe haven for our kids and for our children, and that's really what motivates me and pushes me, to say nothing of what the digital conversion technology has in store for us in the future.

Hopefully in the next four or five years when it takes over, you will have your regular PBS schedule, and then you will have a working mother come home at 4 or 5 in the afternoon after she picked up her child and on the PBS Kids can see Arthur and Barney and Dragon's Tales. Or a young man who is growing up in East Los Angeles or in South Central Los Angeles and hasn't been able to get an advanced degree, the Adult Learning Service channel hooked up through his local college can do that for him, late at night when they come in with that extra channel.

So I'm very, very -- to use a business phrase, "very bullish" on the future of public broadcasting and the things that it can really do. We often say within staff and with public broadcasting that "Finally, the technology has caught up with the mission of public broadcasting." Because we look forward to the things that we can do.

SEN. ROCKEFELLER: Let me just, without pursuing that, ask if you would be willing to spend a little bit of time writing out for me what I would consider a more direct answer to the question, which is: How do you get the four or five percent up to eight or nine percent? In other words, CPB is the source of funding for all of these places, and it just strikes me as something that CPB would think about, worry about, be unhappy about, 82 percent of the people approving notwithstanding, since obviously a lot of them aren't listening or watching.

Second question I have stems somewhat from that. Because of the lack of, the four or five percent or whatever the figure is exactly, PBS has shown, it seems to me, signs of self-preservation in ways that aren't healthy. There have been a number of instances where it seems to be they're reaching for the -- they're looking at the bottom line more than they are at what works, and what's right for America and what the mission that you've all talked about really is.

That's obviously made up of stations all over the country, those station managers may be sophisticated or not in national policy, but they have tremendous control, enormous power; more than you all do to the point on programming. It seems to me increasingly there is an instinct to make decisions based upon bottom line financial considerations.

Now one can defend that, because if you're at four or five percent, you're probably having a survival problem. Or if you're in a small market, you may be having a survival problem, so you can't automatically condemn that. But I just want to note for the record that it's troublesome to me that they are perhaps willing to take a look at eliminating very, very good programs that uplift the national consciousness about news events, whatever, in favor of degrading what they offer because it might in a sense reflect upon what I just said; it might attract more viewers but be of a lower quality.

Now that's a dilemma which I don't pass judgment on at this point, but one that I'd like to raise to you and wonder if you have any thoughts at all on that.

MR. CRUZ: It's a troubling one for us. Let me just say that for many years, public broadcasting has almost caught itself in a Catch-22 situation: There are those who would like it to be more commercial and then there are those who castigate it for being too commercial. And a lot of it stems from funding, and the lack of or having to constantly meet those kinds of budgets and goals that they must meet.

And it's a difficult one, but I think that -- you know, were there to be adequate funding, and we could have a discussion on what ultimately that could be, certainly is an area to pursue, to find other alternate sources of funding.

Commercial radio in some major markets right now, out of an hour's time probably devotes, some major markets, to 30 minutes of commercials. On the television side, an hour on television on prime time can have about 24 minutes of commercial time.

Fortunately, ours is down to about three minutes or so at the beginning and at the end. So we are very conscientious and very concerned about that, and still trying to keep it as commercial-free as we can. But it's a difficult one because it ultimately hinges on funding and the stations surviving. Four or five of the major stations in public broadcasting could probably do well, but after that, many of the others -- it's a struggle, and it's difficult for them to make it. So they must rely on their viewers, on their subscribers to make ends meet, to meet their budgets, and take to some underwriting to do.

But it is a concern to me. Ultimately, if I had my druthers and had an open check, I'd like to get rid of all the commercials, all of the underwriting in public broadcasting. But it's a difficult budgetary dilemma.

SEN. ROCKEFELLER: Thank you, sir.

SEN. MCCAIN: I thank you all, and we'll move your nominations at the earliest time we can, and I thank you again for your willingness to serve.

This hearing is adjourned.



END

LOAD-DATE: July 15, 2000




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