Communications Law Prof. Karl Manheim Spring, TV Public Interest Obligations

Spring Public Interest Obligations Generally Under PICN licensing standard (§ 307)§ 307 Specific Statutory Requirements Access by Political Candidates (§ 312) (§ 315)§ 312§ 315 Children’s TV (§ 303a)§ 303a Specific FCC action Fairness Doctrine (47 CFR § )47 CFR § Indecent Broadcasts Televised Violence

Spring Telecom Act DTV licenses go to existing broadcasters 47 U.S.C. § 336(a). (the Commission should limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a television station or hold a permit to construction such a station (or both). Preserving the public interest requirement “Nothing in this section shall be construed as relieving a television broadcasting station from its obligation to serve the public interest, conven-ience, and necessity.” 47 U.S.C. § 336(d).

Spring FCC Reaction Reaffirms public interest “Digital broadcasters remain public trustees with a responsibility to serve the public interest … existing public interest requirements continue to apply to all broadcast licensees.” Fifth Report and Order, 12 FCC Rcd 12809, (1997) Rethinking Broadcaster Obligations “Broadcasters and the public are also on notice that the Commission may adopt new public interest rules for digital television.” Fifth Report and Order,

Spring President’s Advisory Committee Recommendations by Gore Com’n (1998) Disclosure by b’casters of their PI activities link FCC should establish PI standards  vs voluntary code of conduct educational programming ■ political campaigns public safety ■ disability programming diversity in programming & employment royalty for ancillary use of channels  [5% “spectrum fee”]

Spring FCC Report to Congress (2001) Local Issue Programming (localism) Demographic diversity Public Service Announcements (PSAs) Ascertainment Studies Children’s Programming (beyond CTA) Child sensitive program scheduling Enhancing Democracy (esp. local campaigns) Disability Services Exploiting new technologies

Spring Specific Issues - Multicasting Use of DTV License for multiple b’casts Can a DTV b’caster meet its public interest obligations on one digital channel, or must it provide PI programming on all  I.e., could it confine Children’s TV and political broadcasts to a secondary channel and maintain its primary channel for profitable programming Section 336(d) of the Act  a “television licensee shall establish that all of its program services on the existing or advanced spectrum are in the public interest.”

Spring Non-Broadcasting Use of License Ancillary and Supplementary services Do PI obligations apply?  Ancillary and supplementary services, such as datacasting or paging, are services other than free, over-the-air services. Com Act section 336(a)(2)  FCC “shall adopt regulations that allow the holders of [DTV] licenses to offer such ancillary and supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity.”