Broadcast Regulation Flashcards
What happened in Red Lion Broadcasting v. FCC (1969)?
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
What happened in Miami Herald v. Tornillo (1974)?
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
Why are broadcast’s regulated?
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
What was the Wireless Ship Act (1910)? Was it government of non-government action?
(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
What was the Radio Act (1912)? Was it government of non-government action?
- 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
What were three important acts in Broadcast Regulation history were non government action?
1922 – 1st National Radio Conference (Non Govt Action) 1923 - 2nd National Radio Conf (Non Govt Action) 1924 – 3rd National Radio Conf (Non Govt Action)
What was the Hoover v. Itnercity Radio case (1923)?Was it government of non-government action?
- a radio station could not be denied a spot based on limited space on the spectrum 2. Government action
What was US v. Zinth Radio (1926)?
- atty. Gen opinion message to congress, liens., moratorium 2. 4th National Radio Conf
What was the 1996 Telecommunication Act important?
- establishment of 5 member federal radio commission 2. Section 4: all stations operate as public convenience or necessity requires 3. Enforcement by interpretation
What did the FCC Establish with the 1996 Telecommunication Act?
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
When was the Fairness Doctrine eliminated? But…..
1987, but broadcasters must still operate as “public convenience, interest & necessity”
When was the Personal Attack Rule eliminated?
2000
What is the Equal Opportunity Rule?
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.
What happened in FCC v. Pacifica Foundation (1978)?
- 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
What were the four FCC guidelines on determining whether material is indecent in 2001?
- 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
What are some famous indecency incidents?
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).
What happened in FCC v. Fox Television?
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
What did Fox Television Stations v. FCC find?
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
in FCC v. Fox TV Stations (II) (2012) which includes FCC v. ABC, what happened?
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
What is the criteria for licensure?
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
How does license renewal work? How long does it take for licenses get renewed?
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.
What are some new communication technologies?
a. Cable television b. The Internet c. Cable Regulation
What is the history of Cable Regulation?
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
What is the Cable Communications Policy Act (1984)?
i. Eased regulations on cable, making it easier for the industry to grow; required franchises to operate
