The Regulation of Broadcasting

Early Regulations The Wireless Ship Act of 1910 –Required ships to have wireless under certain circumstances Radio Act of 1912 –Reaction to the Titanic disaster in 1912 –Ratified by 29 nations –Eliminated the Marconi rule of not communicating with non-Marconi ships.

Early Regulations The Radio Act of 1912 marks first use of the word radio to describe wireless. Still not broadcasting. Still only refers to point-to-point communication.

Early Regulations Radio Act of 1927 –Response to chaos on the airwaves –Gave broadcasters “freedom of speech” –Established the Federal Radio Commission 5 commissioners –Established the concept of “public interest, convenience and necessity.” Phrase borrowed from the Railroad Act

Early Regulations The R.A –Established the authority of the government (FRC) to regulate broadcast content and technical specifications

The Communications Act of 1934 Note change to “communications” from “radio” Created the Federal Communications Commission –7 commissioners – now back to 5 Established and expanded the FCC powers Based on many principles from the R.A. ‘27

The FCC Bureaus Consumer & Governmental Affairs Enforcement International Media Wireless Telecommunications Wireline Competition

The FCC Offices Communications Business Opportunities Engineering & Technology General Counsel Inspector General Legislative Affairs Managing Director Media Relations Secretary Strategic Planning & Policy Analysis Workplace Diversity

The FCC Regulation by raised eyebrow Forfeitures Suspensions and revocations

The FCC Steps in Licensing Channel search and assignment Engineering studies Community Ascertainment of Needs Construction Permit Temporary Operations – Proofs of Performance Full time license

The FCC Public Inspection files –Correspondence –License –Public affairs programming Operating in the PICON

Section 315 Equal Time Candidates for public office If the station sells commercial time to one candidate, it must sell time to all candidates for the same office at the same price. Lowest unit rate

Exceptions to Section 315 Bona fide –Newscasts –News interviews –On-the-spot coverage –Documentaries

Section 312 Must sell time to candidates for Federal Offices. Then all of 315 applies

Personal Attack Rule If a candidate personally attacks (libels) another candidate- Station must notify the libeled candidate Provide tape and transcript Provide opportunity to respond

Fairness Doctrine Broadcasters have an obligation to provide fair and balanced coverage of controversial issues of importance to the community. Never codified –NAB successfully lobbies to keep it out of the books

Obscenity Differences between obscenity, indecency and profanity Covered under Section 326 of the United States Code (not the Communications Act)

Obscenity Because broadcasting is obtrusive – coming into your home uninvited. Because the public owns the airwaves. Because broadcasters are trustees of the airwaves and must operate in the PICON

Obscenity The Miller Standard –Would the average person, applying contemporary community standards, find the work patently offensive? –Does the work, taken as a whole, appeal to prurient interests? –Does the work lack legitimate artistic, literary or scientific value?

Conditional Freedom of Speech Not on the air! Must be true. Fair comment. –People in the public light.