Cal Poly COM 360:
FCC Rules
Broadcasting
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The transmission of radio / television
signal for intended reception by the
general public (over the air / not through
terrestrial cable)
Point-to-point communication: intended for a
select number of identified receivers
The primary justification for
broadcast regulation:
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The scarcity rationale: Radio spectrum is
limited
Thus: The government decides the rules for
access and the rules for operations
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BUT: Is the radio spectrum really limited?
Broadcast Regulation
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1912 Radio Act: required radio operators to be licensed
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1927 Radio Act: a comprehensive set of rules
aimed at creating order in broadcasting
1934 Federal Communications Act: remains the
base for all telecommunications regulations;
created the Federal Communication Commission
1996 Telecommunications Act: revised
licensing/ownership rules; added rules for new
technologies (wireless, internet)
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Federal Communication Commission
MISSION STATEMENT:
"make available so far as possible,
to all the people of the United States,
without discrimination on the basis of race, color, religion,
national origin, or sex,
rapid, efficient, Nation-wide, and world-wide wire and radio
communication services with adequate facilities at
reasonable charges."
Federal Communication Commission
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has jurisdiction over all forms of electronic
communication (radio, tv, telephone).
should carry its powers for public convenience
and interest
shall not interfere with the right of free speech
Challenges to FCC powers:
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NBC v United States (1943): The Court ruled that
the FCC supervises the traffic and also can
determine the composition of the traffic?
Red Lion Broadcasting v FCC (1969): the Court
upheld two fairness doctrine-based restrictions
Regulations
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Technical standards
Licensing
Content
The FCC has a wide range of sanctions
against those who violate regulations:
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Letter of reprimand
Cease and desist order
Forfeiture or fine
Short-term renewal
Non-renewal or revocation of license
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
The applicant must either possess or 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
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When two or more persons seek the same license,
the FCC uses an auction process to select who will
receive the license
License Renewal
Congress has instructed the FCC to renew a
broadcaster’s license every eight years as long as:
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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
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Members of the public can challenge a broadcast
license renewal
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Public participation in the renewal process, however, is
rare
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Recent rule changes make it harder for citizens to
mount an effective license challenge
Multiple Ownership Rules
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A single company or individual may own
television stations whose signals reach no more
than 45 percent of the total national viewing
audience
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
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Cross-ownership rules – the ownership of TV
and radio stations and newspapers in the same
market
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Guided by the number of media properties in a
market
Top Network TV companies
by viewership
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Comcast*
Disney
CBS
PBS
14,190,800
12,606,700
8,840,100
1,100,000
*Comcast includes NBC Network
Top Cable News TV companies
by viewership
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News Corporation 1,910,000
Time Warner
1,040,000
Comcast*
1,001,000
*Comcast includes NBC Network
Top Local TV companies
(by combined station reach)
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News Corporation
CBS
Univision
Tribune Company*
Disney
*owns the L.A. Times and KTLA TV
25%
25%
23%
22%
21%
Top Radio Companies
(by radio audiences)
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Clear Channel
160,099,000
CBS
82,178,500
Cumulus Media Inc.
46,266,900
National Public Radio* 27,200,000
Entercom
23,330,200
*NPR produces / distributes radio programming, but is not a
radio station itself nor does it own any radio stations.
Top Online News Companies
Monthly Unique Visitors for All News Sites
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Yahoo
Time Warner
Comcast
Gannett
AOL
39,042,000
34,617,000
29,438,000
26,400,000
22,578,000
Electronic Media Content
Chapter 10
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Federal Communication Commission
regulates:
Access to broadcast time
Limits on commercials
Children programming
‘Indecent’ material
Political broadcasting:
Equal Opportunities Rule (equal time)
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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
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Once a political campaign begins, the broadcasters must
give reasonable good faith attention to access requests
from ‘legally qualified’ candidates
A legally qualified candidate
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Any person:
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Who publicly announces he or she is a
candidate for nomination or election, and
Who meets the qualifications prescribed by law
for that office (e.g., age, residency), and
Who qualifies for a place on the ballot, and
Who was duly nominated by a political party
The use of a broadcast facility
Any presentation or appearance that
features a candidate’s voice or image
For example:
 Appearances in televised feature films,
 TV entertainment programs,
 non-news interviews
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Appearances Not Covered By the Rule
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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
Bona Fide News Interview
(in good faith)
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A program must be regularly scheduled
The content, format, and participants must be
determined by the licensee
The determination that programming is a bona
fide news interview must have been made by
the station “in exercise of its bona fide news
judgment”
An equal opportunity
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Equal time
Equal facilities
Comparable costs
See also Zapple Doctrine: the rules apply to
supporters of candidates
Candidate Access Rule
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Broadcasters must allow candidates for federal
office access to or the purchase of airtime
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Once a political campaign begins, the broadcasters must
give reasonable good faith attention to access requests
from ‘legally qualified’ candidates
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Advertising Rates: 45/60 days before elections
candidates cannot be charged more than the lowest
commercial rate
The Fairness Doctrine
(abandoned in 1987, 2000)
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The Doctrine required that all broadcasters
1. Devote a reasonable amount of their
programming to controversial issues of public
importance
2. Provide contrasting viewpoints on those issues
3. Offer a reasonable opportunity to respond to
personal attacks
4. Offer an opportunity to candidates who were
not endorsed by a station to respond
Remaining Fairness Enforcement
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Generally, the FCC rejects all complaints
that television news coverage was slanted or
staged or makes it difficult for those who
seek to prove biased coverage to receive a
remedy
BUT: Serafyn v. FCC (Federal Court of
Appeals, 1998)
Serafyn v. FCC (Federal Court of
Appeals, 1998)
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Alexander Serafyn petitioned the FCC in October
1995 to deny the CBS application to acquire
WGPR in Detroit.
He argued that CBS 60 Minutes’ segment "The
Ugly Face of Freedom," was incorrect, slanted,
and insulting by giving the impression that all
Ukrainians are anti-Semitic
The FCC rejected his petition.
Serafyn appealed to the court.
Serafyn v. FCC (Federal Court of
Appeals, 1998)
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Judge Douglas Ginsburg wrote for the appeals
court that the FCC acted arbitrarily in not
analyzing more precisely the evidence Serafyn
gave that a news segment was distorted.
The evidence was at least sufficient to present a
substantial question of fact and the agency did not
sufficiently justify the decision not to set a hearing
for the license renewal.
Violence on Television
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In 1996, Congress mandated that all
manufacturers of television sets include a V-Chip
to block out violent programming
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Along with the chip, Congress imposed a
program rating system
Violence on Television
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Television Ratings System:
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TV – Y
TV – Y7
TV – G
TV – PG
TV – 14
TV – MA
approved for all children
approved for children 7 and over
suitable for all ages
parental guidance
parent strongly cautioned
mature audiences only
Violence on Television
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Television Ratings System:
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A second tier of ratings summarizes content:
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V – violence
S – sexual situations
L – coarse language
D – suggestive dialogue
FV – fantasy violence
The FCC and the First Amendment
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In CBS v. National Democratic Committee (1973),
the U.S.Supreme Court gave broadcasters the right
to determine whether to air specific editorial
advertising
The FCC and the First Amendment
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In FCC v. League of Women Voters (1984), the
U.S. Supreme Court struck down a statute that
forbade public broadcasting stations from
telecasting editorial opinions
Cable Television Regulation
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Must Carry Rules - cable television systems must
carry local television programming channels
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In Turner Broadcasting System, Inc. v. FCC
(1994), the U.S. Supreme Court ruled must
carry rules were constitutional
Cable Television Regulation
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Under the 1992 Cable Television Consumer
Protection and Competition Act:
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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
Regulation of Children’s Programming
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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
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Restrictions on Programming Targeting
Children:
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There must be a buffer between commercials and
program content (“We’ll be right back…)
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A program may not mention an item advertised in a
commercial for the same show
Regulation of Indecent Material:
Seven Dirty words
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George Carlin Seven Dirty Words….
On1973's Occupation: Foole album Carlin performed a
routine titled "Filthy Words." Pacifica station WBAI-FM
broadcast the routine uncensored.
Morality in Media organization complained to the FCC
that the material was inappropriate for the time of day.
FCC v. Pacifica Foundation, (1978)
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The FCC upheld the complaint.
Pacifica appealed this decision.
The U.S. Court of Appeals overturned FCC’s
decision.
The FCC appealed to the Supreme Court.
The Supreme Court ruled in favor of FCC, but did
not define the scope of “indecency”
FCC v. Pacifica Foundation, (1978)
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The Court upheld the FCC action by a vote of 5 to 4
The government has interest in:
1) shielding children from potentially offensive material
2) ensuring that unwanted speech does not enter one's
home.
The FCC had the authority to prohibit such broadcasts
during hours when children were likely to be among the
audience
It gave the FCC broad leeway to determine what
constituted indecency in different contexts.
Indecent: Definitional problems
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Indecent: offending against decency;
unsuitable
Decency: correct, honorable, or modest
behavior
Special legal meaning: a class of speech that is
restricted on the broadcast airwaves, even though
is not necessarily obscene and would be legally
allowable in other avenues of expression.
Regulation of Indecent Material
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In 2001, the FCC issued a comprehensive
statement outlining its policy on indecent
broadcasts. Indecency is:
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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
$550,000 Moment (FCC Fine)
The FCC determined that
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the incident was of an “overall sexually
provocative nature” and an indecency violation.
The FCC had fined CBS a total of $550,000, or
$27,500 for each CBS owned-and-operated
station.
BUT: A unanimous 3rd Circuit Court of
Appeals in Philadelphia ruled that
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Janet Jackson’s wardrobe malfunction on the 2004
Super Bowl halftime show didn’t violate TV
indecency standards
FCC v. Fox Television Stations (2012)
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The Supreme Court ruled against the FCC's policy
regulating curse words and nudity on broadcast
television.
In an 8-0 decision, the high court threw out fines
and sanctions imposed by the Federal
Communications Commission. The case involved
some uncensored curse words and brief nudity on
various networks.
FCC v. Fox Television Stations (2012)
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The court said the FCC is "free to modify its
current indecency policy" in light of the ruling.
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The justices, though, declined to issue a broad
ruling on the constitutionality of the FCC
indecency policy.