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license terms for tv and radio stations
8 years
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scarcity theory
electromagnetic spectrum is limited and a national resource; government reserves the right to impose obligations & regulations on those allowed to broadcast (traditional rationale)
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pervasive presence theory
TV and radio so pervasive and potentially intrusive that the public is entitled to some protection from unwanted or offensive messages (recent rationale)
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Radio Act of 1912
scarcity theory: Spectrum is publicly owned, Stations to operate in the public interest, Government censorship is prohibited, Federal Radio Commission (FRC) created to grant licenses, make rules subject to judicial review, FRC eliminate interference problem - strengthens idea of the “public interest”
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Communications Act of 1934
Expanded FRC from 5 to 7 members (FCC) to include wireless and telephone, Spectrum users must be licensed, Federal candidates must have access to facilities, Equal Time, FCC prohibited from censoring radio & TV content
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Telecommunications Act of 1996
create competition between cable & phone companies, removed limitson number of radio stations one could own, Liberalized rules covering local ownership, Could own multiple stations if combined viewership is less than 35% of nation’s homes (up from 25%), Created 8-year, license renewals for both radio & TV, Required new TV sets to carry “V-Chip”
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1. Federal Communications Commission
No more than 3 from any political party, The 5 Commissioners are served by the following bureaus: Consumer and Government Affairs Bureau, Enforcement Bureau, Wireless Telecommunications Bureau, Wireline Competition Bureau, Media Bureau: oversees FM, AM radio, broadcast TV cable and satellite services The FCC is a major force in the creation of electronic media policy
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2. Congress
Created the FCC: all previous broadcast legislation, Can create new legislation, Can hold public hearings on actions of FCC
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3. Courts
Rivals Congress in terms of influence over the FCC, Main Player: U.S. Court of Appeals (DC Circuit), Courts look for fair actions by the FCC, articulated the “pervasive presence” rationale
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4. The White House
cabinet officers can influence policy, Can initiate communication legislation, President can influence the FCC political agenda and regulatory tone with his appointees, Has own agency specializing in telecommunications: the National Telecommunications and Information Administration (NTIA)
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5. Industry Lobbyists
help lawmakers learn about the impact of legislation on society, express views to the FCC, Congress, the Courts and the White House, the major networks all maintain lobbyists
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6. The Public
Deregulation, longer licensing terms & dwindling financial support hurt power of citizens, Two Citizen groups: Center for Media Education and Media Access Project,Citizens groups try to cultivate good public opinion, Public influences policy through election of President and members of Congress
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7. State and Local Governments
often have laws that touch upon areas of communications not specifically mentioned in Federal statutes, States/cities can enact laws that protect privacy of subscribers to local stations, Collect franchise fees, negotiate franchise contract
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8. The Marketplace
buyers and sellers and general economic forces like supply, demand, competition, and prices, promotes “efficiency”, Attitude of FCC towards marketplace varies with different administrations & commissioners, Recent trend of relying on marketplace as a determinant Disadvantage: only responsive to economic forces, not sensitive to social needs
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roles of FCC
grants licenses, diversity of ownership, license renewal, competing applications, FCC, Cable TV, Satellite TV, and the Internet
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FCC's enforcement
Mildest form: FCC issues station a letter of reprimand, Cease and Desist Order or a fine (forfeiture), Short-term license renewal: 6 months - 2 years, Refusal or revocation of licenses
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Communications Satellite Act of 1962
gave FCC power to control technical issues regarding satellite TV
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Satellite Home Viewer Improvement Act (SHVI) of 1999
satellite carriers (EchoStar, Dish Network) to transmit local TV signals intolocal markets (“local into local”)–An attempt toput satellite carriers on an equal footing with cable companies; fostering competition
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Regulating Authorities
FCC, Congress, Courts, The White House, Industry Lobbyists, The Public, State and Local Governments, the Marketplace
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