UPDATED
Are broadcast media more heavily regulated than print or other media?
yes, broadcast media is more heavily regulated than print media
how is/are broadcast media defined?
the transmission of radio or television signals for intended reception by the general
pubic
is cable considered broadcast media? how about satellite?
-neither
-satellite is point-to-point communications, which means it is intended for a select
number of identified receivers
which agency of the federal government is the primary regulator of broadcast
media?
federal communications commission
What is the radio spectrum?
the range of electromagnetic waves that can be used for broadcasting
What is one of the most significant characteristics of the radio spectrum, from a
legal standpoint?
one of the most significant aspects of the radio spectrum is its limited availability
Is the radio spectrum a finite, or infinite, source?
finite
Of the three options for dealing with signal interference Congress considered in
the 1920s, which did it choose?
Options:
1. Government-operated, all-public system.
2. Private marketplace, spectrum disputes resolved in courts.
3. Compromise: private ownership with government allocation. (Chose this one)
• Radio Act of 1927.
• Created Federal Radio Commission
• Communication Act of 1934
• FRC renamed Federal Communications Commission (FCC).
• Power comes from interstate commerce clause.
• But even local transmissions subject to FCC jurisdiction.
which 1927 law created the federal communications commission?
- The Radio Act of 1927
- Created a Federal Radio Commission to divvy up the radio spectrum and assign
frequencies to radio stations
what is the communications act and did congress pass it?
Communications Act of 1934:
- The basic legislation that governs broadcasting today
- Under this act, the Radio Commission was renamed the Federal Communications
Commission and its jurisdiction was expanded to cover other forms of electronic
, communication, including telephone
- Specifically states that the FCC is not granted the power of censorship and that the
agency shall not "interfere with the right of free speech by means of radio
communication"
What clause of the U.S. Constitution allows Congress to delegate broadcast
regulatory authority to the FCC?
the interstate commerce clause
Why did Congress enact the Telecommunications Act of 1996?
- The communications act of 1934 remains the basis of broadcast regulation, but
increasing use of wireless and internet technology inspired Congress to craft the
Telecommunications Act of 1996
- The 1996 act changed many aspects of broadcast licensing and ownership, it did not
affect government's fundamental stance that over-the-air media require a particular kind
of oversight
Why didn't the Federal Radio Commission renew the Reverend Bob Shuler's
broadcast license in the late 1920s?
The basis for the decision not to let Shuler renew his license was that Shuler's
broadcasts were sensationalized and factually reckless attacks and therefore were not
in the public interest
Why did the Supreme Court think it was okay ("constitutional") for "the
government" to keep Shuler's messages off the air, but not okay for "the
government" to keep Jay Near (Near v. Minnesota) from publishing his
newspaper?
Radio waves are a limited resource so it is appropriate to regulate radio transmissions
more than print
What is the "scarcity rationale?"
- The primary justification for broadcast regulation
- Holds that because the usable radio spectrum is limited and cannot accommodate
everyone who might wish to be a broadcaster, it is incumbent upon government to
manage access to the spectrum
Why is the Red Lion case considered a landmark Supreme Court decision?
- The court upheld two fairness doctrine-based content restrictions, the Political Editorial
Rule and the Personal Attack Rule, both of which require broadcasters to provide air
time for certain individuals to respond to criticism
- Landmark decision because it firmly established spectrum scarcity as the main
justification for government intervention in broadcasting, not only licensing but in content
as well
Why do some people argue that it's time to re-examine the scarcity rationale?
- Because circumstances have changed dramatically since the 1920s, and even since
1969, the year Red Lion was decided
- Today's marketplace is overflowing with so many channels of communication
(broadcast and otherwise) that in practical terms the consumer is faced with a virtual
barrage of programming choices
How many commissioners serve on the FCC? How long are their terms?
- Headed by 5 commissioners
- Appointed for five year terms by the president and confirmed by the senate