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Space Policy, Economics & Law > L37 - Satellite Broadcasting Regulations > Flashcards

L37 - Satellite Broadcasting Regulations Flashcards

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1
Q

What are the three categories of satellites used for TV transmissions?

A

Low-powered telecommunications satellites
Direct broadcasting satellites
Medium-powered telecommunications satellites

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2
Q

What does the satellite broadcasting market include?

A

Satellite operators
TV networks
Providers of digital packages
Programs

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3
Q

What are the theories of programs broadcast in the 70s and nowadays?

A

70s:
The free flow of information VS The prior consent rule

Nowadays:
The ultra-liberal theory VS The cultural theory

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4
Q

What is the American doctrine? (regarding satellite broadcasts)

A

Free communication without government interference.

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5
Q

What is the ideological basis for the American doctrine? (regarding satellite broadcasts)

A

Free flow of information theory.

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6
Q

What is the legal and official justification for the American doctrine? (regarding satellite broadcasts)

A

Freedom of Outer Space and freedom of information.

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7
Q

What is the Political and secret justification of the American doctrine? (regarding satellite broadcasts)

A

World-wide dissemination of US ideology and goods; isolation of USSR by propaganda.

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8
Q

What is the Socialist doctrine? regarding satellite broadcasts)

A

No direct communication without prior consent of the Receiving State.

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9
Q

What is the ideological basis for the Socialist doctrine? (regarding satellite broadcasts)

A

Leninist theory of information (it is a governmental tool) - imperialism theory

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10
Q

What is the legal and official justification for the Socialist doctrine? (regarding satellite broadcasts)

A

Non-interference in internal affairs and propaganda prohibition.

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11
Q

What is the Political and secret justification of the Socialist doctrine? (regarding satellite broadcasts)

A

Avoid any contact between populations and foreign governments in order to maintain socialist dictatorship.

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12
Q

What is the ideological basis for the Euro-Canadian doctrine? (regarding satellite broadcasts)

A

Free flow of information with rules aimed to ensure cultural preservation and development.

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13
Q

What is the ideological basis for the Euro-Canadian doctrine? (regarding satellite broadcasts)

A

Cultural exception theory - cultural works are not commercial goods and cultural industries/institutions must be protected.

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14
Q

What is the legal and official justification for the Euro-Canadian doctrine? (regarding satellite broadcasts)

A

Freedom of information and pluralism of information.

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15
Q

What is the Political and secret justification of the Euro-Canadian doctrine? (regarding satellite broadcasts)

A

Avoid an Americanization of medias and develop strong local and regional audio-visual industries.

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16
Q

When and where were broadcasting plans developed by ITU?

A

Geneva 1977 plan & 1983 plan amended by Istanbul 2000 conference

17
Q

What is the National Service Rule? (ITU)

A

DBS frequencies must be used for national coverage only.

18
Q

What happens in the case of spillover of broadcasting? (ITU)

A

No protection against interferences (the receiving State can jam).

19
Q

What are the ITU regulations regarding data broadcast?

A

National Service Rule
In case of Spillover, the receiver can jam
Protection of sovereignty over networks

20
Q

What are the UN political principles regarding data broadcast?

A

Principles governing the use by states of artificial earth satellites for international direct television broadcasting
Prior consent rule
Non Biding text (recommendations) has no customary value

21
Q

What is the Prior Consent Rule?

A

A Receiving country must give consent before getting direct broadcasting of data.

22
Q

What is the Universal frameworks applicable to communication via satellite?

A
  1. Rules guaranteeing free communication via satellite

2. Rules protecting sovereignty

23
Q

What are the rules guanranteeing free communication via satellite?

A

Outer space freedom

Freedom of information

24
Q

What are the Rules protecting sovereignty?

A

Protection of cultural diversity (UNESCO Convention 20005)
Prohibition of illegal content:
- war and subversive propaganda
- advocacy of national
- rational propaganda
- Genocide
- apartheid propaganda or advocacy
- discrimination against women propaganda and advocacy
- no decency regulation but promotion of self-regulation and parental control for violent and sexual content

25
Q

Give an example of a country violating Freedom Outer Space and Freedom of Information?

A

Iran is jamming the broadcasting of programs about Iran over the region! (it is jamming the satellite directly)

26
Q

What are the European sources?

A

Council of Europe
General source: European Convention on Human
Rights 1950 – freedom of information
Special source : European Convention on Transborder TV 1989 amended in 1998

European Union
General source : Rome Treaty 1957 – Freedom of
services
Special source : European Directive on TV without frontiers 1989 amended in 1997 and in 2007

27
Q

Freedom of information in Europe?

A

Free reception for all public intended programs
States can temporary suspend programs in special pre-determined cases
The Broadcaster State verifies the conformity of the content of the programs with European law

28
Q

What can a European Channel do with a license from one European country?

A

It can broadcast all over Europe

29
Q

What if the broadcasting company isn’t in Europe? (for European Broadcasting Law)

A

The “uplink” operator is responsible if it is European if not it is the satellite operators.

30
Q

How does Europe promote its content from a regulatory point of view?

A

Transmission Quota

Production Quota

31
Q

What is the Transmission Quota Europe uses to promote its content from a regulatory point of view?

A

States shall ensure that broadcasters reserve at least 50 % of their transmission time for European works.

32
Q

What is the Production Quota Europe uses to promote its content from a regulatory point of view?

A

States shall ensure that broadcasters reserve at least 10 % of their transmission time or at least 10 % of their programming budget for European works created by independent producers.

33
Q

What are the Rules harmonisation on European content?

A

Advertising, sponsorship and tele-shopping
Free-to-air retransmission of major sport events
Violent, pornographic programs and programs inciting to hatred

34
Q

What are the consequences of the adoption of the European broadcasting legal framework?

A

Growth of satellite operators
Growth of transborder channels and digital platforms
Growth of European film industry and re-balancing of American Vs European TV works

Space Policy, Economics & Law (6 decks)

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