Electronic Media Regulation:

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Presentation transcript:

Electronic Media Regulation: Broadcast and Cable

Broadcast: Essential Cases and Laws Meredith Corp. v. FCC 809 F. 2nd. 863 (1987) N.B.C. v. United States 319 U.S. 190 Red Lion Broadcasting v. FCC 395 U.S. 367 (1969) Radio Act of 1927 Communications Act of 1934 Telecommunications Act of 1996

The call for radio regulation Titanic: The call for radio regulation

Radio Act of 1927 Communication Act of 1934 1.Broadcasting is a unique medium: not a common carrier 2. Spectrum: Use, but not the ownership thereof: Public Interest, Convenience, and Necessity (PICON) 3. Equitable Distribution 4. Federal power to regulate is discretionary, not absolute 5. F.R.C. (1927) F.C.C. (1934)

Issues in Broadcast Regulation 1. Networks/Affiliates (NBC v. US) 2. Licensing: Brinkley v. FCC Metro v. FCC Ownership (All subject to waiver) Local Radio (5-8 per market) Local TV (2 per market) Radio/TV Cross-Ownership (permitted) Newspaper/Broadcast Cross-Ownership (proposed in 2003, rejected under public pressure)

Cable Television Policy CATV/Cable as TV retransmission (1965 -- FCC authority over cable programming) Cable Communications Policy Act of 1984 Cable Television Consumer Protection and Competition Act of 1992 Telecommunications Act of 1996

Fairness Doctrine Red Lion, Meredith Section 315 (Equal Time) Section 312 (a) (7) “Reasonable Time” License Standard: PICON First Amendment