1. 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

2. 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.”

3. 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.

4. 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.

5. 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”

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

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

8. 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

9. 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

10. 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.

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

12. 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

13. 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

14. 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

15. 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

16. Children’s Programming

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

18. 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

19. 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

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