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| Interstate Commerce clause |
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Definition
| Justifies broadcasting coming under congressional jurisdiction |
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| cable.. regulated by PUCs |
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| who did congress delegate authority to? |
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| chain of legal authority -- constitution commerce clause: article I, section 8 |
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| shows that all branches of gov. play a role in regulation |
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| communications act of 1934 |
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| brought interstate wire and wireless communication under the control of te FCC, which repaced the fed radio commision. seperated into 7 units called titles |
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| added in 1984 to establish the regulatory framework for cable TV |
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| president appoints 5 commissioners who serve for 5 yrs - may be reappointed |
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| (public interest convenience, or necessity) -- similarly occurs in sections dealing with the granting, renewal, and transfer of broadcast license |
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| mass media bureau handles radio and TV |
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| NOI (notice of inquiry) and NPRM (Notice of proposed rule making) |
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| the rules and regulations passed by feeral agencies |
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| FCC-FTC-FDA...have the impact of trial court. |
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| if broadcasters disagree what happens? |
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| they can appeal to the us court of appeals in washington DC...this court arguably has more power tha the supreme cout as it hears more cases |
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| low power FM stations...fit among existing channels |
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| gives holder a limited time (24 months for TV 18 for radio) to construct and test the station |
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| Character/financial resources/technical ability/citizenship |
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| chosen at random-- checks qualification of licensee, if deficient is replaced by another licensee from lottery |
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| give channels to highest bidder |
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| fcc requires to keep license-renewal application and other documents in a file readily available for public inspection |
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| monitoring a stations "public interest" performance |
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| FCC relys on complants recieved |
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| percentage of license renewed after completing form |
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| 2% of stations that get their license taken away due to public complaints and failure to meet stipulations, etc. |
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| rarely used -- citizen group or other party opposes incumbet licensee |
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| 5th amendment due process clause |
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Definition
| means the fcc ma not use its powers arbitrarily |
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| short term renewals, conditional renewals, and fines |
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| the FCC uses for lesser offenses (usualy technical or public file violations) |
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| cable franchises issued by who? |
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| local government bcuz cable systems use street and other public property |
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| outlined rules for retransmission consent and must-carry rules |
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| supreme court upheld the must-carry provisions |
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| telcos -- 1996 telecommunication act |
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| congressremoved ban on cable/telco cross-ownership to stimulate local competition in the multi-channel video market |
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| policy based on open competition in the market is better than fovernmental regulation |
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| first set of substantve rules removed focused on radio |
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| regulating advertising:stipulation |
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| an informal(and hence timesaving) way of getting advertisers to drop objectionable practices voluntarily |
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| reporters can withhold the identity of news sources |
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| it is now permissible to advertise casino gambling -- a contest becomes lottery if it requires price, chance, and prize |
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| prohibits gov. regulation of speech and press. no gov. censorship. we are protected from this, bu not from on another. editorial control is not censorship and doesn't violate first amendment |
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| the first amendment encourages disagreement |
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| protection against prior restraint |
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| preventing somone in advance from saying, showing, or otherwise publishing something |
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| regulations are placed on broadcasting and not the print media because of this |
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| Libel--is defamation by published untrue words. Slander -- is spoken defamation. radio is treated as libel |
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| criticism of public officials protected by the first amendment |
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| criticism of public officials protected by the first amendment |
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| guarantees the right to physical solitude-- public figures have a lesser right of privacy |
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| off-limits to broadcast media coverage of trial events |
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| cannot broadcast these -- undercover investigations also covered under this 1992 ruling |
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| obscenity -- ruled that local community standards apply in udging obscenity. |
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| usually used to determine on air obscenity |
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| indecency -- george carlin, WBAI-FM and safe-harbor. wanted to keep children from being exposed to endecency. pacifica doesn't apple to cable -- courts concerned about sexually explicit material on the internet and over the telephones. (800 numbers) |
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| result of the 1996 telecommunications act (Note multiple ownership and crossownership |
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| tax certificates and distress sales are two actions permitted by the fcc to increase the number of minority licensees |
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| no more than 25% of a station's stok can be in foreign hands. -- does not apple to news |
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| equal time(oppotunity)...all candidates for the same office must be treated alike |
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| candidates must be charged the lowest unit rate |
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| affirmed the fairness doctrine |
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| legislators strongly oppesed the abolition of the red lion doctrine |
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| personal attacks and political editorializing |
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| only rules not abolished in 1987 from red lion decisio |
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| journalistic discretion and "editorial advertising" |
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| fair and considered news treatment of events, ppl, and controversies |
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| congress enacted specific program requirements for children's TV |
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| alowed parens to program their tv to block out all programs of particular rating --mandated by telecommunications ac of 1996. all new TVs now equiped with this |
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| music copyright licensng organizations |
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| allow unlimited air play of any music in their catalogs in return for payment of an annual percentge of the station's gross income |
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| copyright royalty tribune (CRT) |
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| establishes rates cable has to pay to import signals, pool revenues and divide money among copyright holders |
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