Regulation of Broadcasting

Framework For Broadcast Regulations in the United States “Radio” before 1920, then early ‘20s 1922-1925 Radio Conferences Radio Act of 1927--FRC Communications Act of 1934--FCC --PICON Principle --Audience Wants / Audience Needs --Public vs. Private Control

Federal Communications Commission Making policy for the Electronic Media Rule Making -- Must Carry, Local / DBS, etc. Court cases – overstepping authority Making Policy through Dispute Settlement Policy Enforcement Evaluation of Individual Complaints Licensing--Broadcasting vs. Netcasting Renewal Challenges Fines, Short-term Renewals, Forfeitures Mass Media Bureau

Federal Communications Commission Licensing and Ownership 7-7-7 Rule / TV & Radio Today CP / Transfer / Technical Changes 8 year License Term / Comparative Renewal ‘going dark’ (12 months) Prospective Licensee Qualifications U. S. Citizen / Company, less than 25% Funds to Operate Three Months Technical Skill or Knowledge for Hiring Be of Good Character

Federal Communications Commission -- Policy Changes Fin - Syn Rules Ascertainment Anti-Trafficking PTAR Program Length Commercials Duopolies and LMAs Radio Move-Ins Cross Ownership Own 2 networks / further ownership relaxation

Regulation of Political Candidate Programming Equal Opportunities for Political Candidates (Federal) -Qualified Candidates -Equal Time & Facilities, Comparable Costs -Defining “Use” of Broadcast Time -Exempt Programming -Newscasts • News Interviews and Documentaries • On-the-Spot Coverage of News Events -Limits on Broadcaster Censorship of Political Content -Rates and Sponsor Identification Access for Political Candidates

Regulation of Public Issues Programming: The Fairness Doctrine Fairness Policies: Post-1987 +Zapple Rule -- required that broadcast stations that give air time to the supporters of one candidate in an election give time to the supporters of competing candidates as well. Personal Attacks and Political Editorials Broadcast vs. Print Difference

Personal Attacks and Political Editorials PERSONAL ATTACK RULE When an individual is the subject of an attack upon her honesty, character, integrity or like personal qualities, the licensee shall: Notify the subject of the attack Provide a tape or other accurate summary of the attack if tape is not available. Offer a reasonable opportunity to respond over the licensee's station.

Personal Attacks and Political Editorials When a broadcaster opposes a legally qualified candidate or endorses a candidate's opponent it must meet personal attack obligations. If broadcast is within 72 hours of election, notification must take place prior to broadcast. Broadcast vs. Print Difference

Other Programming Regulation Obscene, Indecent, and Profane Programming -Indecency and the First Amendment -No censorship -Punishing Indecency -Channeling Indecency “Safe Harbor” / v-chip Children’s Television -Children’s Educational Programming / 3 hours -Limits on Commercials in Children’s Programming -Product-Based Programming and Program-Length Commercials

Commercials -- FCC vs. FTC Formats Distorted or Staged News Sponsorship ID, Station Contests, Lotteries Formats Distorted or Staged News Single / dual party consent Staging Hoaxes and Fraud -Hoaxes -Fraud, sponsorship ID and Payola/Plugola

New Technologies Cable DBS Dish & DirecTV National vs. Local Control / Franchise Must Carry / Retransmission Consent DBS Dish & DirecTV Allocation of Satellite Space (ITU) Local Into Local / Must Carry - Retransmission MMDS, SMATV, Cellular, Internet

New Technologies MMDS, SMATV, Cellular, Internet Spectrum sales / auctions spectrum reallocation since 2000 to open space for mobile phones and data AM Revitalization HD Radio Broadband ###