Origins of Broadcast Regulation Radio was a hobbyist’s toy But also a matter of life and death Wireless Ship Act of 1910 Radio Act of 1912 Industry itself demands more regulation

Gives federal government right to license Radio Act of 1927 Gives federal government right to license Establishes “public trustee” model Created Federal Radio Commission Replaced by Federal Communication Act of 1934 Created Federal Communication Commission FCC instructed to regulate broadcasting in the “public interest, convenience and necessity.”

Rationales for giving broadcasting less First Amendment Protection Broadcasters are public trustees of the airwaves, which are owned by the public. 2. Scarcity. The electromagnetic spectrum is a scarce natural resource, and the public needs to hear diverse voices. 3. Media differences. This includes TV’s pervasiveness, powerful effects, young audiences and captive audiences.

Broadcast and the Public Interest Nat’l Broad. Co. v. FCC (Red Lion Case) In 1964, Billy James Hargis, in a broadcast over WGCB, a Red Lion Broadcasting station, attacked Fred Cook, in response to Cook's recently published book, Goldwater: Extremist on the Right.  Cook demanded free airtime from several stations that had carried the show Red Lion owner refused, but said Cook could buy time for the same price as Hargis had ($7.50 for a quarter hour). Cook subsequently filed a Fairness Doctrine complaint with the FCC, which ruled that WGCB was obligated to give Cook free airtime.

Broadcast and the Public Interest Red Lion said First Amendment protected it from being forced to accommodate speech against its will by government Supreme Court disagreed, supported FCC •  Scarcity Different First Amendment standard than newspapers Court said nothing in 1st Amendment “prevents the government from requiring a licensee to share his frequency with others and to conduct himself as a proxy or fiduciary with obligation to those views and voices which are representative of his community and which would otherwise, by necessity [of scarcity of spectrum], be barred from the airwaves”

Levels of First Amendment Protection Print Media/Internet Cable/satellite Broadcast Most Least

Regulatory Climate Characteristics Today • FCC De-Regulation • Mega-Mergers • Media Convergence

Rules Requirements to own a station Good character US citizen, or 75% US ownership Technical expertise Financial stability (3 months worth) Equal employment opportunities Awareness of community’s needs

More Rules May not reach more than 35% of TV households (Currently under review - proposed 45%) Cannot own a daily newspaper and broadcast station in the same community (a few exceptions) No restriction on the number of radio stations a company can own across the country, just in a market

Licensing The cornerstone of broadcast regulation One cannot broadcast without a license, and licenses must be renewed every 8 years. License holders must program to meet the needs and interests of their communities.

Some content regulations Equal use rule Reasonable access rule Indecent programming Children’s Television Act

Equal Use Rule Candidates’ “use” of airtime must be equal Stations may not censor content Applies to all offices But not all uses count News coverage Regularly scheduled interview programs Incidental appearances on documentaries Political Debates

Reasonable Access Rule Federal candidates may buy time, & cheaply Stations may refuse to sell long spots Does not require giving time Stations apply the rule to candidates for all levels of government/elected offices

Indecent Programming Section 1464 bans broadcast of obscenity Also prohibits indecent broadcasts: Contemporary community standards Need not be judged as a whole Need not appeal to prurient interest Leading case is FCC v. Pacifica “Seven dirty words” Safe Harbor 10 p.m. to 6 a.m. Howard Stern

Children’s Programming Children’s TV Act, and FCC regulations Mandates 3 weekly hours of educational programs Fed law also limits commercials on kid TV “Program length commercials” permitted No commercials for Toy X on program featuring Toy X

Children’s Programming

Cable FCC regulates cable, but… Policymakers take a marketplace approach in regulating cable No scarcity of spectrum like broadcast

Turner Broadcasting System v. FCC (1994) The U.S. Supreme Court said cable TV has a level of First Amendment protection between those of print and broadcasting. Court said cable doesn’t get maximum protection because a cable company usually is a monopoly. However, there is no spectrum scarcity with cable. Ted Turner

Turner Broadcasting System v. FCC (1994) Supreme Court ruled there are two ways to apply the First Amendment to cable: Content-based regulation = strict scrutiny Content-neutral regulation = intermediate scrutiny

Print Media/Internet Cable/satellite Broadcast Recap: Levels of First Amendment Protection Most Print Media/Internet Cable/satellite Broadcast Least