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 VChip 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