licensing a prospective licensee must meet these qualifications: the applicant must be a citizen of...
TRANSCRIPT
Licensing
A prospective licensee must meet these qualifications:
The applicant must be a citizen of the United States or have less than 25% foreign ownership
The applicant must have sufficient funds to build and operate the station for at least three months without earning any advertising revenue
Licensing
A prospective licensee must meet these qualifications:
The applicant must either possess or be able to hire people who possess the technical qualifications to operate a broadcast station
The applicant must be honest and open in dealing with the commission and must have good character
Licensing
When two or more persons seek the same license, the FCC uses an auction process to select who will receive the license
Multiple Ownership Rules
Current Rules Regulating Broadcast Ownership:
A single company or individual may own television stations whose signals reach no more than 39 percent of the total national viewing audience
Congress vs. FCC
Multiple Ownership Rules
Current Rules Regulating Broadcast Ownership:
There is no limit on the number of radio stations any single licensee can own
Ownership of both radio and television stations in a single market is limited, based on the number of stations in the market
Multiple Ownership Rules
Current Rules Regulating Broadcast Ownership:
Cross-ownership rules – the ownership of TV and radio stations and newspapers in the same market
Guided by the number of media properties in a market
License Renewal
Congress has instructed the FCC to renew a broadcaster’s license every eight years as long as:
The station has served the public interest, convenience and necessity
The licensee has not committed any serious violation of the Communication Act or FCC rules
The licensee has not committed any other violations that, taken together, would constitute a pattern of abuse
License Renewal
Members of the public can challenge a broadcast license renewal
Public participation in the renewal process, however, is rare
Recent rule changes make it harder for citizens to mount an effective license challenge
Regulation of Program Content
The FCC has a wide range of sanctions that can be levied against those who violate regulations:
Letter of reprimand
Cease and desist order
Forfeiture or fine
Short-term renewal
Non-renewal or revocation of license
Regulation of Children’s Programming
Restrictions on Programming Targeting Children:
Only 10.5 advertising minutes are permitted each hour on weekends, 12 minutes each hour or weekdays
At least three hours of “educational” children’s programming must air each week
Regulation of Children’s Programming
Restrictions on Programming Targeting Children:
There must be a buffer between commercials and program content (“We’ll be right back…)
A program may not mention an item advertised in a commercial for the same show
Regulation of Indecent Material
The Supreme Court ruled in FCC v. Pacifica (1978) that a radio or TV station could be punished for broadcasting indecent material
Based on the theory that children could be present during the broadcast
Regulation of Indecent Material
In 2001, the FCC issued a comprehensive statement outlining its policy on indecent broadcasts. Indecency is:
Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs
Violence on Television
In 1996, Congress mandated that all manufacturers of television sets include a V-Chip to block out violent programming
Along with the chip, Congress imposed a program rating system
Violence on Television
Television Ratings System:
TV – Y approved for all children TV – Y7approved for children 7 and over TV – G suitable for all ages TV – PG parental guidance TV – 14 parent strongly cautioned TV – MA mature audiences only
Violence on Television
Television Ratings System:
A second tier of ratings summarizes content:
V – violence S – sexual situations L – coarse language D – suggestive dialogue FV – fantasy violence
Regulation of Political Programming
Candidate Access Rule – broadcasters must allow candidates for federal office access to or the purchase of airtime
CBS v. FCC (1981)
Kennedy for President Committee v. FCC (1980)
Regulation of Political Programming
Equal Time Rules – if a broadcasting station permits one legally qualified candidate for any elective public office to use its facilities, it must afford an equal opportunity for all other legally qualified candidates for the same office
Equal time
Equal facilities
Comparable costs
Regulation of Political Programming
Appearances by a Political Candidate Not Covered By Equal Opportunity Rule:
Appearance in a bona fide newscast
Appearance in a bona fide news interview show
Appearance in the sport news coverage of a bona fide news event
Incidental appearance in a news documentary
Regulation of Political Programming
A legally qualified candidate is any person:
Who publicly announces he or she is a candidate for nomination or election, and
Who meets the qualifications prescribed by law for that office, and
Who qualifies for a place on the ballot, and
Who was duly nominated by a political party
Regulation of News and Public Affairs
The government has limited control over broadcast of news and public affairs programming
The FCC has thus far rejected all complaints that television news coverage was slanted or staged
The FCC has made it difficult for those who seek to prove biased coverage to receive a remedy
The FCC and the First Amendment
In CBS v. National Democratic Committee (1973), the U.S.Supreme Court gave broadcasters the right to determine whether to air specific editorial advertising
Cable Television Regulation
Must Carry Rules - cable television systems must carry local television programming channels
In Turner Broadcasting System, Inc. v. FCC (1994), the U.S. Supreme Court ruled must carry rules were constitutional
Cable Television Regulation
Under the 1992 Cable Television Consumer Protection and Competition Act:
Local governments are given the primary responsibility to regulate cable systems in their communities
Local governments may issue franchises, collect franchise fees, and renew franchises
Includes provisions to protect subscribers’ right to privacy