Licensing A prospective licensee must meet these qualifications: The applicant must be a citizen of the United States or have less than 25% foreign ownership The applicant must have sufficient funds to build and operate the station for at least three months without earning any advertising revenue

Licensing A prospective licensee must meet these qualifications: The applicant must either possess or be able to hire people who possess the technical qualifications to operate a broadcast station The applicant must be honest and open in dealing with the commission and must have good character

Licensing When two or more persons seek the same license, the FCC uses an auction process to select who will receive the license

Multiple Ownership Rules Current Rules Regulating Broadcast Ownership: A single company or individual may own television stations whose signals reach no more than 39 percent of the total national viewing audience Congress vs. FCC

Multiple Ownership Rules Current Rules Regulating Broadcast Ownership: There is no limit on the number of radio stations any single licensee can own Ownership of both radio and television stations in a single market is limited, based on the number of stations in the market

Multiple Ownership Rules Current Rules Regulating Broadcast Ownership: Cross-ownership rules – the ownership of TV and radio stations and newspapers in the same market Guided by the number of media properties in a market

License Renewal Congress has instructed the FCC to renew a broadcaster’s license every eight years as long as: The station has served the public interest, convenience and necessity The licensee has not committed any serious violation of the Communication Act or FCC rules The licensee has not committed any other violations that, taken together, would constitute a pattern of abuse

License Renewal Members of the public can challenge a broadcast license renewal Public participation in the renewal process, however, is rare Recent rule changes make it harder for citizens to mount an effective license challenge

Regulation of Program Content The FCC has a wide range of sanctions that can be levied against those who violate regulations: Letter of reprimand Cease and desist order Forfeiture or fine Short-term renewal Non-renewal or revocation of license

Regulation of Children’s Programming Restrictions on Programming Targeting Children: Only 10.5 advertising minutes are permitted each hour on weekends, 12 minutes each hour or weekdays At least three hours of “educational” children’s programming must air each week

Regulation of Children’s Programming Restrictions on Programming Targeting Children: There must be a buffer between commercials and program content (“We’ll be right back…) A program may not mention an item advertised in a commercial for the same show

Regulation of Indecent Material The Supreme Court ruled in FCC v. Pacifica (1978) that a radio or TV station could be punished for broadcasting indecent material Based on the theory that children could be present during the broadcast

Regulation of Indecent Material In 2001, the FCC issued a comprehensive statement outlining its policy on indecent broadcasts. Indecency is: Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs

Violence on Television In 1996, Congress mandated that all manufacturers of television sets include a V- Chip to block out violent programming Along with the chip, Congress imposed a program rating system

Violence on Television Television Ratings System: TV – Y approved for all children TV – Y7approved for children 7 and over TV – Gsuitable for all ages TV – PG parental guidance TV – 14 parent strongly cautioned TV – MA mature audiences only

Violence on Television Television Ratings System: A second tier of ratings summarizes content: V – violence S – sexual situations L – coarse language D – suggestive dialogue FV – fantasy violence

Regulation of Political Programming Candidate Access Rule – broadcasters must allow candidates for federal office access to or the purchase of airtime CBS v. FCC (1981) Kennedy for President Committee v. FCC (1980)

Regulation of Political Programming Equal Time Rules – if a broadcasting station permits one legally qualified candidate for any elective public office to use its facilities, it must afford an equal opportunity for all other legally qualified candidates for the same office Equal time Equal facilities Comparable costs

Regulation of Political Programming Appearances by a Political Candidate Not Covered By Equal Opportunity Rule: Appearance in a bona fide newscast Appearance in a bona fide news interview show Appearance in the sport news coverage of a bona fide news event Incidental appearance in a news documentary

Regulation of Political Programming A legally qualified candidate is any person: Who publicly announces he or she is a candidate for nomination or election, and Who meets the qualifications prescribed by law for that office, and Who qualifies for a place on the ballot, and Who was duly nominated by a political party

Regulation of News and Public Affairs The government has limited control over broadcast of news and public affairs programming The FCC has thus far rejected all complaints that television news coverage was slanted or staged The FCC has made it difficult for those who seek to prove biased coverage to receive a remedy

The FCC and the First Amendment In CBS v. National Democratic Committee (1973), the U.S.Supreme Court gave broadcasters the right to determine whether to air specific editorial advertising

Cable Television Regulation Must Carry Rules - cable television systems must carry local television programming channels In Turner Broadcasting System, Inc. v. FCC (1994), the U.S. Supreme Court ruled must carry rules were constitutional

Cable Television Regulation Under the 1992 Cable Television Consumer Protection and Competition Act: Local governments are given the primary responsibility to regulate cable systems in their communities Local governments may issue franchises, collect franchise fees, and renew franchises Includes provisions to protect subscribers’ right to privacy