FInal Broadcasting
Terms
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- President
- appoints members to the FCC
- The House and Senate
- They make the rules
- Judicial Branch
- Legal matters can be appealed to the courts
- Communication act of 1934
- seperated the act into 7 units called titles
- title 5
-
added in 1984 this established regulatory framework
for cable tv - FCC
- the president appoints 5 commissioners who serve for 5 years- May be reappointed
- PICON standards
- Public Interest Convenience or Necessity
- FCC Organization
- Mass Media bureau handles radio and TV
- NOI
- Notice of Inquiry; Notifying about regulation making new rules
- NPRM
- Notice of proposed rule making- public has 60-90 days to comment before they actually codify a rule
- LPFMs
- Low power FM’s 100 watt stations: they can broadcast to a limited area
- Construction Permit CP
- Cp you have to ask FCC if you can build; want to make sure you can have license etc.
- License Qualification
- Character/Financial/ resources/ technical ability/citizenship
- License renewal
- - 8 Years for radio and TV ; you must renew every 8 years
- HOw many Licenses are renewed
- 98%
- Fifth Amendment Due Process Clause
- means the FCC may not use its powers arbitrarily
- Cable act of 1992
- outlined rules for retransmission consent and Must Carry Rules
- Retransmission consent
- Retransmission consent Every three years; the retransmission consent
- 1997 supreme court case
- upheld the must- carry laws; it upheld them because they hold a local intrest
- 1996 telecommunications ACT
- Congress removed ban on cable Telco cross- ownership to stimulate local competition in the multi-channel video market
- Reporter’s privilege
- Reporters can withhold the identity of news sources ; “differs from state to state
- Lotteries
- they are illegal to advertise on television; state exception if there is a state approved lottery it can be advertised, horse racing can be advertised; Gambling if approved by the state can be advertised
- Lottery must offer
- a price you have to have a chance of winning after consideration
- Mark Felts
- deep-throat
- The First Amendment
- Prohibits gov. regulation of speech and press. In other words, no government censorship. We are protected from this, but not from onr another (broadcast editorial decisions)
- Editorial control
-
not censorship
However limitations on electronic media so absolute freedom does not exist (can’t yell fire) - 1st amendment
-
encourages a marketplace of ideas
encourages disagreement - Protection against prior restraint
- It’s illegal to prevent someone in advance form publishing anything
- Libel
-
is defamation by published untrue words
Slander- this is spoken defamation - Radio and TV defamation is treated as
- ...libel
- Times vs. Sullivan
- Criticism of public officials protected by the first amendment
- 4th amendment
- guarantees the right to physical solitude
- Federal courts
- off limits to broadcast media coverage of trial events
- Hoaxes
- cannot broadcast theses
- Miller vs. California
- defined obsenity; Ruled that local community standards apply in judging obscenity. The LAPS test is usually used to determine on-air obscenity.
- LAPS test
- used to determine what the social moral standards of the community is
- The Pacifica Decision- George Carlin
- established indecency WBAI-FM and Safe-Harbor
- Safe- Harbor
- 10 pm- 6 pm you don’t have to worry as much about indecency
- 1996 telecommunication act
- eliminated rules on multiple and crossownership standards
- Minority ownership
- Tax certificates and Distress sales are two actions permitted by the FCC to increase the number of minority licensees
- Foreign Ownership
- no more than 25% of a stations stock can be in foreign hands
- Equal Time Equal opportunity
- All the candidates for the same office must be treated alike (This is also Section 315)
- Section 315 only applies for..
- paid ads
- Political Time
- Candidates must be charged the lowest unit rate
- The Red Lion Decisions
- this airmed the fairness docterine