1. The Law of Journalism & Mass Communication
Chapter 11
Electronic Media Regulation:
From Radio to the Internet

2. Electronic Media Regulation History
Wireless Ship Act of 1910
Radio Act of 1912, prompted by Titanic disaster
Radio Act of 1927, establishing the Federal Radio Commission
Communications Act of 1934, establishing the Federal Communications Commission

3. Federal Communications Commission
Commissioners
5 commissioners, 5-year terms
President appoints, U.S. Senate confirms
No more than 3 commissioners from same political party

4. Federal Communications Commission
Regulates technologies using the electromagnetic spectrum
e.g., radio, TV, cable, satellite
Regulates wireline and wireless long-distance phone companies

5. Broadcast Regulation Spectrum scarcity Broadcast media are pervasive
Radio, TV impact on audiences, particularly children

6. Political Broadcasting
Section 315 of Communications Act of 1934
When one legally qualified candidate for an elective office uses a radio or TV station or cable system
Any other legally qualified candidate for the same office may ask for equal opportunity to use the station or system
Equal opportunity is chance to reach approximately same type and size of audience as opponent had

7. Political Broadcasting
Legally qualified candidate
Legally qualified to hold office, and
Publicly announced as candidate, or active write-in candidate

8. Political Broadcasting
Using a broadcast station or cable system
The candidate, the candidate’s picture or the candidate’s voice being seen or heard
Candidate need not discuss politics

9. Political Broadcasting
Exceptions to the use rule
Regularly scheduled newscast
Regularly scheduled news interview program
Coverage of bona fide news event, including candidate debates
News documentary

10. Political Broadcasting
Candidate must ask for equal opportunity
Station or system must keep publicly-available records of political uses

11. Political Broadcasting
Politicians must be charged lowest unit rate
Lowest advertising rate station or system charges
During period 60 days before general elections and 45 days before primary elections
Outside the 60-day and 45-day periods, politicians must be charged rates comparable to any other advertiser

12. Political Broadcasting
Stations and systems cannot censor or edit political advertisements

13. Political Broadcasting
Section 312(a)(7) of the Communications Act of 1934
Broadcast stations must provide reasonable access to candidates for federal offices

14. Children’s Programming
Commercial TV stations must provide programming for children meeting their intellectual and social/emotional needs
3 hours per week
At least 30-minute long programs
Programs scheduled weekly
Programs broadcast between 7 a.m. and 10 p.m.

15. Broadcast Licensing Must have FCC license to broadcast on radio or TV
Must meet certain criteria to obtain license

16. Cable TV Regulation Cable’s First Amendment rights
Content-based regulations are tested under strict-scrutiny analysis
Content-neutral regulations are tested under intermediate-scrutiny analysis

17. Cable TV Regulation Cable Franchising
Franchise is required to provide cable service
Franchise is granted by franchising authority
Franchising authority usually is the city government where cable service will be provided

18. Cable TV Regulation Cable programming
Cable systems carry broadcast TV stations through
Must-carry, or
Retransmission consent

19. Cable TV Regulation Cable programming: Most cable systems provide
Public, educational or governmental (PEG) channels
Commercial leased access channels

20. Internet Regulation
The First Amendment protects Internet content as completely as it does print media content