Broadcast Regulation

Question 1

What happened in Red Lion Broadcasting v. FCC (1969)?

Answer 1

i. An individual who had bought time on the station, was talking bad about a communist writer who wrote a biography of Goldwater ii. Writer said that under fairness doctrine, the station is required to give equal time

Question 2

What happened in Miami Herald v. Tornillo (1974)?

Answer 2

i. Miami Herald ran an editorial endorsing Tornillo’s opponent ii. State law to require newspapers that endorsed candidates, provided for free space so that the opponent could reply iii. Miami Herald didn’t let Tornillo iv. Supreme Court fount Florida’s law unconstitutional

Question 3

Why are broadcast’s regulated?

Answer 3

i. The airwaves belong to the public. ii. The “electromagnetic spectrum” is limited iii. The broadcast media are particularly powerful and pervasive, they can intrude upon us

Question 4

What was the Wireless Ship Act (1910)? Was it government of non-government action?

Answer 4

(Government Action) 1. first regulation of broadcasting by Congress 2. radio was only broadcast in existence 3. beginning of july in 1911, every ship under US flag carrying 50 or more people, was required to have on the ship, radio communication equipment capable of transmitting and receiving messages over 100 miles

Question 5

What was the Radio Act (1912)? Was it government of non-government action?

Answer 5

1. previously 1,312 the Titanic sank, fewer than 100 miles away under US flag that had radio equipment, wireless ship act did not require a radio operator all day 2. loophole closed – required operator 24/7 3. anyone broadcasting had to have approval

Question 6

What were three important acts in Broadcast Regulation history were non government action?

Answer 6

1922 – 1st National Radio Conference (Non Govt Action) 1923 - 2nd National Radio Conf (Non Govt Action) 1924 – 3rd National Radio Conf (Non Govt Action)

Question 7

What was the Hoover v. Itnercity Radio case (1923)?Was it government of non-government action?

Answer 7

1. a radio station could not be denied a spot based on limited space on the spectrum 2. Government action

Question 8

What was US v. Zinth Radio (1926)?

Answer 8

1. atty. Gen opinion message to congress, liens., moratorium 2. 4th National Radio Conf

Question 9

What was the 1996 Telecommunication Act important?

Answer 9

1. establishment of 5 member federal radio commission 2. Section 4: all stations operate as public convenience or necessity requires 3. Enforcement by interpretation

Question 10

What did the FCC Establish with the 1996 Telecommunication Act?

Answer 10

FCC established a. The right of the public to service is superior to the right of the broadcaster b. Broadcasting is a medium of free speech c. Stations have a responsibility to provide time for discussion of controversial issues d. Licensees control over programming e. Stations must be responsive to the needs of communities f. Public service is important g. Diversity of ownership must be maintained

Question 11

When was the Fairness Doctrine eliminated? But…..

Answer 11

1987, but broadcasters must still operate as “public convenience, interest & necessity”

Question 12

When was the Personal Attack Rule eliminated?

Answer 12

2000

Question 13

What is the Equal Opportunity Rule?

Answer 13

i. If a broadcast station allows one legally qualified for public office use of its facilities, it must allow all legally qualified candidates for the same office the same opportunity 1. Must be recognized as a legally qualified candidate by the national rules 2. Death Valley Days show with Ronald Reagan, they had to allow free time to opponent since technically it was still air time for Reagan 3. Candidates for federal office cannot be refused air time.

Question 14

What happened in FCC v. Pacifica Foundation (1978)?

Answer 14

1. It was important to the majority that broadcast occurred at 2 pm instead of late at night a. Did not deal with fleeting expotence, repetition of words that George Carlin said b. Pacifica considered to be a narrow ruling

Question 15

What were the four FCC guidelines on determining whether material is indecent in 2001?

Answer 15

1. The explicitness or graphic nature of the description 2. Whether the materials dwells on or repeats the descriptions 3. Whether the material appears to pander or is used to *** or shock 4. Indecent language is language that focuses on scatological or sexual matters

Question 16

What are some famous indecency incidents?

Answer 16

iv. 2002 – Cher won an award 1. “I’ve also had critics for the last 40 years saying that I was on my way out. Right. So fuck ‘em” v. 2003 – Nicole Richie 1. “Why do they even call it “The simple life?” Have you ever tried to get cow shit out of a Prada purse? It’s not so fucking simple.” 2003: Bono at the Golden Globes, “Really, really fucking brilliant.” 2004: a. CBS stations fined $550,000 because of the Janet Jackson/Justin Timberlake 2004 Super Bowl halftime show. 3. Television network does not broadcast, networks have a certain number of owned and operated that do in fact broadcast a. CBS doesn’t, the fine was based on number of TV stations multiplied by fine b. The third Circuit holds that the fine against CBS is arbitrary and capricious (CBS v. FCC, 2008).

Question 17

What happened in FCC v. Fox Television?

Answer 17

vi. FCC v. Fox Television Stations is overturned because the FCC did not satisfy the administrative procedures act (2nd circuit 2008) vii. But the supreme court says the 2nd circuit was wrong, finding that APA was met (2009). viii. The supreme Court also vacates the CBS case, which was still before the 3rd circuit

Question 18

What did Fox Television Stations v. FCC find?

Answer 18

i. The 2nd circuit finds the FCC’s indecency protocol unconstitutional (2011) h. The FCC’s rulings on indecency demonstrate an absence of clarity i. “If the FCC cannot anticipate what will be considered indecent under its policy, then it can hardly expect broadcasters to do so.” j. “We are bound by Supreme Court precedent, regardless of whether it reflects today’s realities.” That is it cannot be said today that broadcasting holds a uniquely pervasive presence in society

Question 19

in FCC v. Fox TV Stations (II) (2012) which includes FCC v. ABC, what happened?

Answer 19

i. The FCC reduces its backlog of indecency complaints by 70% (more than 1 million complaints) ii. And it issues a public notice for comments on indecency policies iii. These policies remain intact for now

Question 20

What is the criteria for licensure?

Answer 20

i. U.S. citizenship, no more than 20% of the company may be owned by foreign interest ii. Good character – defined by FCC as not convicted by felony nor record of lying to the FCC iii. Access to technical expertise iv. Financial security for three months without income v. An equal employment opportunity plan vi. A demonstrated awareness of community needs and interests vii. Market considerations viii. Before June 2, 2003 1. A licensee may control 1 tv station per market 2. A company can own tv stations reaching no more than 35% of tv households in each market 3. No cross-ownership of tv stations and newspapers is permitted 4. No cross-ownership of tv stations and radio stations is permitted

Question 21

How does license renewal work? How long does it take for licenses get renewed?

Answer 21

i. First, FCC considers whether to renew ii. There must be a renewal under the Telecom Act of 1996, unless the FCC finds: 1. The station has not served the public interest, convenience, and necessity or 2. The station has had a serious violation of the Telecom Act or of the rules of the FCC or 3. The station has had other violations that would constitute a pattern of abuse Every 8 years.

Question 22

What are some new communication technologies?

Answer 22

a. Cable television b. The Internet c. Cable Regulation

Question 23

What is the history of Cable Regulation?

Answer 23

i. 1958 Frontier Bdestg Co. v. Collier – FCC denies authority to regulate cable ii. 1965 First must-carry rules – Distant signals limited and local signals required to be carried by cable services iii. 1968 United States v. Southwestern Cable Co. – The Supreme Court agrees w/ the FCC that it can regulate cable because of impact on local tv

Question 24

What is the Cable Communications Policy Act (1984)?

Answer 24

i. Eased regulations on cable, making it easier for the industry to grow; required franchises to operate

Question 25

What are the grounds non-renewal of cable

Answer 25

i. The cable operate didn’t comply with the terms of the franchise ii. The cable operator’s service or overall programming was inadequate iii. The cable operator does not have the financial, legal or technical ability to provide the services promised iv. The cable operator’s renewal proposal was not a reasonable attempt to meet the community’s needs and interests as established by the franchising authority

Question 26

What did City of Los Angeles v. Preferred Comm (1986) do for cable operators?

Answer 26

Cable operators have 1st Amendment rights

Question 27

What did the Cable TV Consumer Protection and Competition Act (1992) Do?

Answer 27

Regulated rates, gave competitors access to programming, regulated cable broadcast ownership and other issues

Question 28

What is Cable Cross-Ownership?

Answer 28

i. The owner of a broadcast station cannot own a cable system ii. No network can own a cable system iii. A cable operator can’t own a multi-channel multi point distribution system iv. Phone companies cant own cable systems