The Regulation of Broadcasting
Early Regulations
• The Wireless Ship Act of 1910
– Required ships to have wireless under certain
circumstances
• Radio Act of 1912
– Reaction to the Titanic disaster in 1912
– Ratified by 29 nations
– Eliminated the Marconi rule of not
communicating with non-Marconi ships.
Early Regulations
• The Radio Act of 1912 marks first use of
the word radio to describe wireless.
• Still not broadcasting. Still only refers to
point-to-point communication.
Early Regulations
• Radio Act of 1927
– Response to chaos on the airwaves
– Gave broadcasters “freedom of speech”
– Established the Federal Radio Commission
• 5 commissioners
– Established the concept of “public interest,
convenience and necessity.”
• Phrase borrowed from the Railroad Act
Early Regulations
• The R.A. 1927
– Established the authority of the government
(FRC) to regulate broadcast content and
technical specifications
The Communications Act of
1934
• Note change to “communications” from
“radio”
• Created the Federal Communications
Commission
– 7 commissioners – now back to 5
• Established and expanded the FCC powers
• Based on many principles from the R.A. ‘27
The FCC
• Bureaus
Consumer & Governmental Affairs
Enforcement
International
Media
Wireless Telecommunications
Wireline Competition
The FCC
• Offices
Communications Business Opportunities
Engineering & Technology
General Counsel
Inspector General
Legislative Affairs
Managing Director
Media Relations
Secretary
Strategic Planning & Policy Analysis
Workplace Diversity
The FCC
• Regulation by raised eyebrow
• Forfeitures
• Suspensions and revocations
The FCC
Steps in Licensing
Channel search and assignment
Engineering studies
Community Ascertainment of Needs
Construction Permit
Temporary Operations – Proofs of Performance
Full time license
The FCC
• Public Inspection files
– Correspondence
– License
– Public affairs programming
• Operating in the PICON
Section 315
• Equal Time
• Candidates for public office
• If the station sells commercial time to one
candidate, it must sell time to all candidates
for the same office at the same price.
• Lowest unit rate
Exceptions to Section 315
• Bona fide
–
–
–
–
Newscasts
News interviews
On-the-spot coverage
Documentaries
Section 312
• Must sell time to candidates for Federal
Offices.
• Then all of 315 applies
Personal Attack Rule
• If a candidate personally attacks (libels)
another candidateStation must notify the libeled candidate
Provide tape and transcript
Provide opportunity to respond
Fairness Doctrine
• Broadcasters have an obligation to provide
fair and balanced coverage of controversial
issues of importance to the community.
• Never codified
– NAB successfully lobbies to keep it out of the
books
Obscenity
• Differences between obscenity, indecency
and profanity
• Covered under Section 326 of the United
States Code (not the Communications Act)
Obscenity
• Because broadcasting is obtrusive – coming
into your home uninvited.
• Because the public owns the airwaves.
• Because broadcasters are trustees of the
airwaves and must operate in the PICON
Obscenity
• The Miller Standard
– Would the average person, applying
contemporary community standards, find the
work patently offensive?
– Does the work, taken as a whole, appeal to
prurient interests?
– Does the work lack legitimate artistic, literary
or scientific value?
Conditional Freedom of Speech
• Not on the air!
• Must be true.
• Fair comment.
– People in the public light.