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46 Cards in this Set
- Front
- Back
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Communications act of 1934
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This act replaced the Radio Act of 1927 and remains the foundation for broadcasting regulation today. It also replaced the FRC with the FCC. The FCC is responsible for the following: Scarcity Rationale, Licensing, Allocation of frequencies, Fines, No Government censorship, no local or state regulation of the airwaves, regulations
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Scarcity Rationale
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public airwaves are a ‘scarce’ resource. There are a limited
Number of channels made available for broadcast radio and TV, and confusion results if the government does not step in as a ‘traffic cop.’ This provides another rationale for allowing the government to regulate broadcasting |
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Listening
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The FCC handles the licensing for all stations and broadcasters and may reject applicants who don’t meet FCC standards. The licenses are grandted for specific periods of time.
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Allocation of frequencies
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The FCC assigns frequencies to broadcasters. Broadcasters do not own their frequencies. The FCC controls all channels of interstate and foreign radio transmission.
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Fines
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The FCC has the power to levy fines on broadcasters who violate rules.
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No Government Censorship
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The FCC is not allowed to “interfere with the right of free speech by the means of radio communication.” However, the courts treat this part of the act with great flexibility!!!!
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No Local or State Regulation of the Airwaves
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Even if a radio station signal does not cross state lines and is not an ‘interstate’ signal, the FCC still has the sole power to regulate that station. The Supreme Court upheld this FCC doctrine in 1933 in U.S. v. Nelson Brothers. Local and state governments have no jurisdiction in broadcast regulation.
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Regulations
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The FCC has the power to pass rules and regulations affecting broadcasters. Of course, those regulations may be overturned in court cases or changed through laws passed by Congress.
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Role and Structure of Commissioners
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The FCC is made up of 5 commissioners appointed by the president of the United Sates and approved by the Senate. The president is also responsible for choosing the FCC’s chairperson, who establishes the commission’s agenda. As a result, the chairperson has great power in setting the tone for commission actions. There can be no more than 3 commissioners from one political party. Commissioners serve 5 year terms which are staggered so there is never more than one term expiring each year. Commissioners are also responsible for having any financial interests in any FCC matters.
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Media Bureau
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This bureau handles licensing and the subsequent paperwork for commercial TV and radio stations, as well as cable companies. It also oversees issues related to direct broadcast satellite services and other services.
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Enforcement Bureau
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This bureau is in charge of handling complaints, levying fines, and enforcing punishments for broadcasters who violate the rules.
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Wireline Competition Bureau
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This bureau mostly handles issues dealing with common carriers, such as the interstate telephone industry. States regulate telephone services within their borders.
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Consumer and Governmental Affairs Bureau
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This bureau is the public affairs office for the FCC, providing information to the public about FCC matters.
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Enforcement Bureau
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This bureau is in charge of handling complaints, levying fines, and enforcing punishments for broadcasters who violate the rules.
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Wireless Telecommunications Bureau
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This bureau oversees radio services not on the public airwaves. These include amateur “ham” radio, CB (citizens band) radio, two-way radio systems used b fire and police departments, and marine radio services.
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Wireline Competition Bureau
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This bureau mostly handles issues dealing with common carriers, such as the interstate telephone industry. States regulate telephone services within their borders.
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International Bureau
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This bureau regulates satellite transmissions that cross international borders. It also oversees and licenses shortwave radio stations that have signals reaching into other countries.
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Consumer and Governmental Affairs Bureau
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This bureau is the public affairs office for the FCC, providing information to the public about FCC matters.
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Comparitive hearings
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The FCC used to have these hearings to ‘compare’ applicants who were applying for the same specific broadcast station license and then choose one applicant. The FCC no longer holds comparative hearings.
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Wireless Telecommunications Bureau
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This bureau oversees radio services not on the public airwaves. These include amateur “ham” radio, CB (citizens band) radio, two-way radio systems used b fire and police departments, and marine radio services.
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Auctions
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Today, instead of comparative hearings, the FCC usually just auctions off a new license to the highest bidder.
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International Bureau
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This bureau regulates satellite transmissions that cross international borders. It also oversees and licenses shortwave radio stations that have signals reaching into other countries.
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Licensee
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The person or company granted a broadcast license by the FCC.
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Comparitive hearings
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The FCC used to have these hearings to ‘compare’ applicants who were applying for the same specific broadcast station license and then choose one applicant. The FCC no longer holds comparative hearings.
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Title 47
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This is the section of the Federal Register that contains the Communication Act of 1934 and related broadcasting regulations. The Federal Register is a series of volumes that contain federal laws and regulations.
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Auctions
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Today, instead of comparative hearings, the FCC usually just auctions off a new license to the highest bidder.
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Common Carrier
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The most common example is a telephone system. A common carrier is a message delivery system anyone can use for a fee. The government is not supposed to interfere with the content of the message. The FCC has the right to regulate some aspects of common carriers, though, such as rates charged for interstate services.
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Licensee
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The person or company granted a broadcast license by the FCC.
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Title 47
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This is the section of the Federal Register that contains the Communication Act of 1934 and related broadcasting regulations. The Federal Register is a series of volumes that contain federal laws and regulations.
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Common Carrier
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The most common example is a telephone system. A common carrier is a message delivery system anyone can use for a fee. The government is not supposed to interfere with the content of the message. The FCC has the right to regulate some aspects of common carriers, though, such as rates charged for interstate services.
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Procedures if commission wants to draft new rules or amend existing ones
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see study guide ch. 3
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Licensing & Renewals
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The Telecommunications Act of 1996 extended TV and radio license terms to 8 years. This lessens paperwork and hassle for stations as well as for the FCC. Stations will basically be guaranteed license renewal if they meet 3 criteria. (a) The station can prove it served the public interest, convenience, and necessity; (b) the station had no “serious violations” of FCC rules or of the Communications Act; and (c) the station has no “pattern of abuse” of FCC rules or of the Communications Act.
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Minority Employee Rules
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Historically, in comparative licensing processes, the FCC would often give preference to women and minorities over white males for broadcast licenses. That is because there were few women and minorities in broadcast ownership positions. White males began to take the FCC to court over the matter, saying that the minority preference policy discriminated against white males who may have been better qualified than minority candidates. In 1990 in Metro Broadcasting v FCC, the Supreme Court voted 5-4 to uphold the minority preference rules, but this did not last long.
In 1995, the court reversed itself and struck down the FCC minority preferences in Adarand v. Pena. The court ruled that minority preferences were illegal. The courtadded that the preferences were a “highly suspect tool” because they ultimately led to discrimination against another group (the white males). |
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Section 315 (Equal Time Rule or Equal Opportunity Rule)
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This rule originated in the Radio Act of 1927 and was made part of the Communications Act of 1934. It is known as Section 315 because the rule is included in that section of the Communications Act. The rule applies to radio and TV stations, both broadcast and satellite, as well as community cable systems that originate their own programming. In simple terms: “If a station gives or sells air time to a legally qualified political candidate, that station must also give or sell a comparable amount of time to every other legally qualified candidate running for that office.”
In Section 315, the FCC explains what it means by equal opportunities: If a broadcast station or local cable operator accepts advertising or programming from a legally qualified candidate, it must all allow “equal opportunities” for opposing candidates. This means that a station or cable system operator must give all candidates an equal opportunity to reach the same potential audience. For example, it would be unfair for a radio station to offer one candidate ads during the afternoon, when there are many listeners, and offer another candidates ads only late at night, when there are fewer listeners. |
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Paulsen v. FCC
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January 1972, Pat Paulsen was a legally qualified candidate for the Republican presidential nomination. He was also a professional entertainer who would soon be appearing on TV on Disney’s The Mouse Factory. The producer of the show contacted the FCC to see if Paulsen’s appearance would count as a use under Section 315. The FCC said stations airing The Mouse Factory would be obligated to provide Paulsen’s Republican opponents with equal time if those candidates requested it. In Paulsen v. FCC, a federal appeals court upheld the FCC ruling. Even non-political uses of airtime constitute use of a broadcast station because they are free public relations for a candidate, the court said.
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Becker v. FCC
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- Becker, wanted to air Anti-abortion ad, which received complaints from viewers who said it was too graphic for that time of the day
- Becker dismissed complaints and wanted 30 min of airtime on more Anti-Abortion stuff after the NFL broadcast - FCC said too disturbing, so aired after midnight - federal appeals court overturned ruling saying ad was not indecent. FCC's definition of indecent only included "sexual or excretory activities and organs" - Becker's material was not sexual, so he was deprived of the equal opportunities allowed of him in Section 315 |
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Fairness Doctrine
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- The doctrine was written to ensure that broadcasters served the public interest by allowing for discussion of both sides of controversial issues.
- Broadcasters didn’t like this doctrine and the FCC (under Ronald Reagan) wanted fewer regulations. - The FCC said that their study showed the Fairness Doctrine did not serve the public interest and should no longer be enforced. However, the commission said the matter needed further clarification from the courts and Congress. In 1987 it ceased to exist. |
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Procedures if commission wants to draft new rules or amend existing ones
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see study guide ch. 3
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White Spaces
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The FCC, aiming to bring broadband to under served areas, will allow companies to sell devices that use these airwaves, known as “white spaces,” after the nation’s transition to digital television broadcasts in February. Supporters say these airwaves are ideal for broadband because they can penetrate walls and carry more data over greater distances than Wi-Fi. They can also be valuable in extending high-speed Internet service in rural areas, which typically have little or no service.
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Licensing & Renewals
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The Telecommunications Act of 1996 extended TV and radio license terms to 8 years. This lessens paperwork and hassle for stations as well as for the FCC. Stations will basically be guaranteed license renewal if they meet 3 criteria. (a) The station can prove it served the public interest, convenience, and necessity; (b) the station had no “serious violations” of FCC rules or of the Communications Act; and (c) the station has no “pattern of abuse” of FCC rules or of the Communications Act.
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Minority Employee Rules
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- Historically, in comparative licensing processes, the FCC would often give preference to women and minorities over white males for broadcast licenses. That is because there were few women and minorities in broadcast ownership positions.
- White males began to take the FCC to court over the matter, saying that the minority preference policy discriminated against white males who may have been better qualified than minority candidates. - Metro Broadcasting v FCC, the Supreme Court voted to uphold the minority preference rules, but this did not last long. - Adarand v. Pena. The court ruled that minority preferences were illegal. The courtadded that the preferences were a “highly suspect tool” because they ultimately led to discrimination against another group (the white males). |
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Section 315 (Equal Time Rule or Equal Opportunity Rule)
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-section of the Communications Act.
-The rule applies to radio and TV stations, both broadcast and satellite, as well as community cable systems that originate their own programming. -“If a station gives or sells air time to a legally qualified political candidate, that station must also give or sell a comparable amount of time to every other legally qualified candidate running for that office.” -a station or cable system operator must give all candidates an equal opportunity to reach the same potential audience. |
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Paulsen v. FCC
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January 1972, Pat Paulsen was a legally qualified candidate for the Republican presidential nomination. He was also a professional entertainer who would soon be appearing on TV on Disney’s The Mouse Factory. The producer of the show contacted the FCC to see if Paulsen’s appearance would count as a use under Section 315. The FCC said stations airing The Mouse Factory would be obligated to provide Paulsen’s Republican opponents with equal time if those candidates requested it. In Paulsen v. FCC, a federal appeals court upheld the FCC ruling. Even non-political uses of airtime constitute use of a broadcast station because they are free public relations for a candidate, the court said.
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Becker v. FCC
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Daniel Becker, a congressional candidate aired an Anti-abortion ad in Atlanta early one evening. The station received complaints from viewers, who said the ads were too graphic for broadcast, especially at that time of day. Becker dismissed the complaints and asked the TV station to give him 30 minutes of airtime for a video called Abortion in America: The Real Story, which contained more graphic images of aborted fetuses. Becker wanted it to air late on a Sunday afternoon after the NFL broadcast. The station said the material was too graphic for that time of day and said it would only air the video after midnight so less children would see it. Becker argued that the station simply did not like the message and was trying to censor his speech. So the FCC agreed and said it was to disturbing for children and it aired after midnight. However, in 1996, a federal appealscourt overturned that ruling in Becker v. FCC. The court pointed out that the images in the ads were not indecent. The FCC’s definition of indecency includes only material that has graphic depictions of “sexual or excretory activities and organs.” This was not sexual material, the court said. So by no airing the ad at the time he wanted to, Becker was deprived of the equal opportunities allowed him in Section 315.
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Fairness Doctrine
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The FCC enforced this doctrine from 1949 to 1987. The doctrine was written to ensure that broadcasters served the public interest by allowing for discussion of both sides of controversial issues. The FD required that broadcasters “provide coverage of vitally important controversial issues of interest in the community served by the licensees” and “provide a reasonable opportunity for the presentation of contrasting viewpoints on such issues.” Broadcasters didn’t like this doctrine and the FCC (under Ronald Reagan) wanted fewer regulations. The commission had just completed a study of the FD, a study that started in 1985. The FCC said that their study showed the Fairness Doctrine did not serve the public interest and should no longer be enforced. However, the commission said the matter needed further clarification from the courts and Congress. In 1987 it ceased to exist.
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White Spaces
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The FCC, aiming to bring broadband to under served areas, will allow companies to sell devices that use these airwaves, known as “white spaces,” after the nation’s transition to digital television broadcasts in February. Supporters say these airwaves are ideal for broadband because they can penetrate walls and carry more data over greater distances than Wi-Fi. They can also be valuable in extending high-speed Internet service in rural areas, which typically have little or no service.
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