1. COM 451 1 Chapter Thirteen: Regulation of Cable, Internet, Telephone, and Other Electronic Media COM 451 Communication and Law

2. COM 451 2 I. Broadcast Cable Cable Regulation: FCC refused to regulate at first, but did so under pressure from broadcasters who were facing competition Cable operators can decide which network shows they carry, BUT can’t delete selected unwanted material, including ads, from network programs Locally originated programs must include ID of sponsors of ads

3. COM 451 3 I. Must-Carry & Retransmission Consent Gives broadcasters option: MUST CARRY – Requires cable operators to carry signal – Cable operators do not have to pay for use OR RETRANSMISSION CONSENT – Broadcaster negotiates for use of their signals – Broadcasters must grant permission (except for public stations) for use of the signal – Payment and other benefits is negotiated – But, cable company can choose not to carry at all.

4. COM 451 4 I. Access Channels Allows local gov’ts to require local access channels be reserved (set-aside) for use by PEG as part of franchise agreement Congress intended local gov’ts to control content of gov’t access, but NOT the content of public and educational channels Missouri Knights of the Ku Klux Klan v. Kansas City (1989) City and cable operator illegally eliminated the access channel and substituted a channel with programming controlled by cable operator KKK complained that the city and cable company intentionally dropped the access channel in order to exclude Klan programming. This was in violation of the 1934 Communications Act and the First Amendment.

5. COM 451 5 II. Internet Regulation FCC’s concern is to ensure that the telephone network is used efficiently in providing Internet access. Even with advent of broadband for home use, most access is still through telephone lines. – Users often experience delays because of overcrowding of lines. FCC’s preference is to regulate the Internet as little as possible, allowing it to develop to its full potential. Yet, the FCC regulates the telephone (and cable) lines that the Internet depends on. Clash is created between unregulation of Internet and regulated telephone industry.

6. COM 451 6 Reno v. ACLU (1997) Case against the constitutionality of the Communications Decency Act of 1996 U.S. Supreme Court found most of the CDA unconstitutional, letting stand only the provisions dealing with obscenity. The court said that the Act violated Internet users’ First Amendment rights. Court called the Internet “the most participatory form of mass speech yet developed”, and the Internet deserves “the highest protection from governmental intrusion.” Court said that the Internet differs sufficiently from broadcasting that the lower First Amendment rights and higher amount of regulation applied to broadcasting would not be appropriate for the Internet. – There is no spectrum scarcity issue

7. COM 451 7 II. Indecency and Internet Does exist on Internet, but nothing not found other places Most is on “Pay-for-use” areas – proof of age needed (credit card) Determination of Obscenity – Based on court case Miller v. California It depicts sexual acts whose depiction is specifically prohibited by state law Depicts these acts in offensive manner - using community standards Has no serious literary, artistic, social, political, or scientific value

8. COM 451 8 II. Problems with this… What is a community on the Internet? What state does it affect? What about distribution? Who is responsible? BBS - Bulletin Board Systems California Case - BBS operators ruled guilty of images downloaded in Tennessee. Nothing can be put on Internet that is more racy than would be tolerated in the most conservative community in US – But, how do you enforce such a broad policy?

9. COM 451 9 II. Regulate Internet Service Providers? Legal sanctions against service providers are more effective than trying to catch “bad” people – Service Providers are visible Providers will have to police their sites – Monitor every message and file Effects of Policing Internet – Degrades services – Gross invasion of privacy – Almost impossible due to large volume – Enforces strictest standards – Destroys “many to many” communication

10. COM 451 10 II. Internet Monitoring Access to children – Fines for access allowed by those under 18 that is obscene or indecent? Anonymity makes it easier to prey, but also easier for Law Officers to pose as youngsters to catch criminals How do you censor for children and not adults? – “Locks” to keep children out – Distribute tips on how to control info – Some will report illegal activity to FBI – Expel “bad” subscribers – Automatic screening of “words” – Block access to inappropriate sites by software products – Voluntary rating systems

11. COM 451 11 II. Internet Regulation Effective? The Net is global – Cannot control sites out of U.S. With more censorship in U.S. – More services will go elsewhere Sexist, racist and harassing speech is widespread Should there be full freedom of speech? Are more people likely to build bombs because of availability of bomb-making instructions? Is “junk” more likely than in library? If child knows how to surf, could he avoid the “stops”? What is the parent’s responsibility?

12. COM 451 12 II. Anonymity and Pseudonymity Historically: Federalists Papers (1787) – a set of 85 letters arguing for adoption of new Constitution – To limit power of Government – Author used pseudonym Should anonymity be discouraged? Should it be prohibited by policy? Banned because of potential for illegal use?

13. COM 451 13 II. Remailer Pseudonym for the sender A record is maintained linking the sender to the pseudonym A fully anonymous remailer removes and destroys the sender’s return address - can’t get replies Good or Bad? Anonymity provides protection, retaliation, and embarrassment Victims of violence or people can talk freely Supports whistle blowers ANY BAD??

14. COM 451 14 III. Telephone Telephone Consumer Protection Act of 1991 Businesses can’t use automatic dialing systems to call homes without consent of the owners, and prohibits faxing unsolicited ads Bans obscene dial-a-porn, BUT not indecent. Sable Communications v. FCC – U.S. Supreme Court ruled that indecent calls can be regulated, but not banned. Since indecency is protected in the media, it is also protected over telephone lines. Now the Act prohibits indecent messages to those under 18 and to non-consenting adults Phone companies must allow a block on phones of customers who have not subscribed to dial-a-porn Requiring callers to use credit cards or access codes

15. COM 451 15 III. Telephone Other pay-per-call services: require message to begin by telling… – description of services – explanation of charges – inform children must have parents consent – callers allowed to hang up then w/o charge Can’t use 800 numbers for pay -- people understand these are free And, 900 numbers can’t initiate calls

16. COM 451 16 IV. Satellite Communications Positioned more than 22,000 miles above Earth Originally functioned as common carrier In 1982, FCC expanded the potential use of satellites by allowing satellite owners to provide more than just common- carrier services. FCC wanted to provide video service to rural areas, and expand programming availability Spurred growth of DBS (Direct Broadcast Satellite) – DirecTV and DISH Network were born Now, satellites… – Beam programs and information for cable systems, broadcast networks, wire services, and newspapers. – News video from around the world is delivered in minutes to news agencies

17. COM 451 17 IV. DBS As a result of the 1992 Cable Act… FCC has said DBS does not qualify as broadcasting under the 1934 Communications Act because programming to subscribers is a private, contractual relationship. Transmission is to specific points of reception rather than to a general audience. Congress required operators to get permission before re-transmitting signals of broadcasters Must provide channels for non-commercial educational programming, and access and equal opportunities to federal political candidates

18. COM 451 18 IV. Wireless Cable Delivers the same type of programming as cable television, but via microwave signals instead of cable FCC had hoped that wireless cable would compete directly with cable in order to keep prices down and to offer alternative outlets for programming Generally less expensive to subscribers than cable, but limited to 33 channels in analog form. Digital systems are coming out, which will increase number of channels and picture and sound quality Regulated and must adhere to the same rules as DBS