The Law of Journalism & Mass Communication Chapter 11 Electronic Media Regulation: From Radio to the Internet

Electronic Media Regulation History Wireless Ship Act of 1910 Radio Act of 1912, prompted by Titanic disaster Radio Act of 1927, establishing the Federal Radio Commission Communications Act of 1934, establishing the Federal Communications Commission

Federal Communications Commission Commissioners 5 commissioners, 5-year terms President appoints, U.S. Senate confirms No more than 3 commissioners from same political party

Federal Communications Commission Regulates technologies using the electromagnetic spectrum e.g., radio, TV, cable, satellite Regulates wireline and wireless long-distance phone companies

Broadcast Regulation Spectrum scarcity Broadcast media are pervasive Radio, TV impact on audiences, particularly children

Political Broadcasting Section 315 of Communications Act of 1934 When one legally qualified candidate for an elective office uses a radio or TV station or cable system Any other legally qualified candidate for the same office may ask for equal opportunity to use the station or system Equal opportunity is chance to reach approximately same type and size of audience as opponent had

Political Broadcasting Legally qualified candidate Legally qualified to hold office, and Publicly announced as candidate, or active write-in candidate

Political Broadcasting Using a broadcast station or cable system The candidate, the candidate’s picture or the candidate’s voice being seen or heard Candidate need not discuss politics

Political Broadcasting Exceptions to the use rule Regularly scheduled newscast Regularly scheduled news interview program Coverage of bona fide news event, including candidate debates News documentary

Political Broadcasting Candidate must ask for equal opportunity Station or system must keep publicly-available records of political uses

Political Broadcasting Politicians must be charged lowest unit rate Lowest advertising rate station or system charges During period 60 days before general elections and 45 days before primary elections Outside the 60-day and 45-day periods, politicians must be charged rates comparable to any other advertiser

Political Broadcasting Stations and systems cannot censor or edit political advertisements

Political Broadcasting Section 312(a)(7) of the Communications Act of 1934 Broadcast stations must provide reasonable access to candidates for federal offices

Children’s Programming Commercial TV stations must provide programming for children meeting their intellectual and social/emotional needs 3 hours per week At least 30-minute long programs Programs scheduled weekly Programs broadcast between 7 a.m. and 10 p.m.

Broadcast Licensing Must have FCC license to broadcast on radio or TV Must meet certain criteria to obtain license

Cable TV Regulation Cable’s First Amendment rights Content-based regulations are tested under strict-scrutiny analysis Content-neutral regulations are tested under intermediate-scrutiny analysis

Cable TV Regulation Cable Franchising Franchise is required to provide cable service Franchise is granted by franchising authority Franchising authority usually is the city government where cable service will be provided

Cable TV Regulation Cable programming Cable systems carry broadcast TV stations through Must-carry, or Retransmission consent

Cable TV Regulation Cable programming: Most cable systems provide Public, educational or governmental (PEG) channels Commercial leased access channels

Internet Regulation The First Amendment protects Internet content as completely as it does print media content