⚖️Law and Ethics of Journalism Unit 12 – Broadcast Media Regulation and the FCC

Key Concepts and Definitions

• Broadcast media transmits content via radio waves to a wide audience, including television and radio
• The electromagnetic spectrum consists of frequencies used for various forms of communication (radio, television, satellite, wireless internet)
• Bandwidth measures the capacity of a communication channel to transmit data
• The public interest standard asserts that broadcasters must serve the needs and interests of their local communities to maintain their licenses
• Indecency refers to content that depicts sexual or excretory organs or activities in a patently offensive way
  • Obscenity is not protected by the First Amendment and is prohibited from being broadcast at any time
• Must-carry rules require cable systems to include local broadcast stations in their channel lineups
• Payola is the illegal practice of record companies paying radio stations or DJs to play specific songs without disclosing the payment to listeners

Historical Context of Broadcast Regulation

• The Radio Act of 1912 was the first federal law to regulate radio communication in the United States, requiring licenses for radio operators
• The Radio Act of 1927 established the Federal Radio Commission (FRC) to oversee radio licensing and address issues of interference
• The Communications Act of 1934 created the Federal Communications Commission (FCC), replacing the FRC and expanding its authority to include telephone and telegraph communication
• The Fairness Doctrine, introduced in 1949, required broadcasters to present contrasting viewpoints on controversial issues of public importance
  • The doctrine was eliminated by the FCC in 1987, citing its chilling effect on free speech and the increased diversity of media outlets
• The Telecommunications Act of 1996 significantly deregulated the broadcast industry, allowing for greater media consolidation and cross-ownership

The FCC: Role and Authority

• The FCC is an independent federal agency responsible for regulating interstate and international communications by radio, television, wire, satellite, and cable
• The agency is composed of five commissioners, appointed by the President and confirmed by the Senate, with no more than three commissioners from the same political party
• The FCC allocates spectrum for non-federal use, assigns frequencies, and grants licenses to broadcasters
• The commission enforces regulations related to content, such as indecency, obscenity, and children's programming
• The FCC has the power to issue fines and revoke licenses for violations of its rules and regulations
• The agency conducts periodic reviews of media ownership rules to ensure they serve the public interest
• The FCC maintains the Emergency Alert System (EAS) to enable the President to address the nation during national emergencies and to alert the public of local emergencies

Major Laws and Policies

• The Children's Television Act of 1990 requires broadcasters to provide educational and informational programming for children and limits the amount of advertising during children's shows
• The Cable Television Consumer Protection and Competition Act of 1992 established must-carry rules and retransmission consent, giving broadcasters the right to negotiate compensation from cable systems for carrying their signals
• The Telecommunications Act of 1996 relaxed media ownership rules, allowing a single company to own more radio and television stations in a market and enabling cross-ownership of media outlets
  • The act also mandated the development of the V-chip, a device that allows parents to block programming based on ratings
• The CALM Act of 2010 requires broadcasters to maintain consistent volume levels during programming and commercials
• The Twenty-First Century Communications and Video Accessibility Act of 2010 ensures that individuals with disabilities have access to modern communications services, including digital and online video programming

Content Regulation and Free Speech

• The First Amendment protects freedom of speech and press, but the Supreme Court has ruled that broadcasting is subject to greater regulation due to its pervasive nature and accessibility to children
• Obscenity is not protected by the First Amendment and is prohibited from being broadcast, as established in the case of FCC v. Pacifica Foundation (1978)
• Indecent content is restricted to safe harbor hours (10 pm to 6 am) when children are less likely to be in the audience
• The FCC enforces regulations on content, including prohibitions on obscenity, indecency, and profanity, as well as requirements for children's programming and political advertising
• The Fairness Doctrine, which required broadcasters to present contrasting viewpoints on controversial issues, was eliminated in 1987 due to concerns about its chilling effect on free speech
• The equal time rule requires broadcasters to provide equal opportunities for political candidates to access airtime, with some exceptions for news programs and interviews

Licensing and Ownership Rules

• Broadcasters must obtain licenses from the FCC to operate, which are granted based on the applicant's ability to serve the public interest, convenience, and necessity
• Licenses are typically granted for eight-year terms for television stations and seven-year terms for radio stations
• The FCC conducts a comparative hearing process when multiple applicants seek the same license, evaluating factors such as the applicant's character, financial stability, and commitment to local programming
• Media ownership rules limit the number of stations a single entity can own in a market and restrict cross-ownership of different media outlets (television, radio, newspapers) to promote diversity and competition
  • The Telecommunications Act of 1996 relaxed ownership rules, leading to increased consolidation in the broadcast industry
• The FCC periodically reviews media ownership rules to ensure they continue to serve the public interest in light of changing market conditions and technology

Current Challenges and Debates

• The increasing consolidation of media ownership raises concerns about the diversity of viewpoints and local content in broadcasting
• The rise of digital platforms and streaming services has disrupted traditional broadcasting business models and regulatory frameworks
  • The FCC has faced challenges in applying existing regulations to new media platforms and technologies
• Net neutrality, the principle that internet service providers should treat all online content equally, has been a contentious issue, with the FCC's authority to enforce net neutrality rules being debated in court
• The retransmission consent process, which allows broadcasters to negotiate compensation from cable and satellite providers for carrying their signals, has led to disputes and blackouts of local stations
• The role of social media in the spread of misinformation and its impact on public discourse has raised questions about the need for greater regulation of online content

Impact on Journalism Practice

• The Fairness Doctrine, while intended to promote balanced coverage, was criticized for its potential to chill free speech and discourage journalists from covering controversial topics
• The elimination of the Fairness Doctrine in 1987 has been associated with the rise of more partisan and opinionated news programming
• Media consolidation has led to concerns about the homogenization of news content and the reduction of local journalism
  • Large media conglomerates may prioritize cost-cutting and profitability over investing in local newsgathering and investigative reporting
• The equal time rule and political advertising regulations affect how journalists cover political campaigns and candidates
• The FCC's content regulations, particularly regarding indecency and obscenity, can influence editorial decisions and lead to self-censorship among journalists and broadcasters
• The shift toward digital platforms and social media has challenged traditional journalistic norms and practices, such as gatekeeping and fact-checking
• The debate over net neutrality has implications for the accessibility and diversity of news sources available to the public