Berkeley INFO C103 - The Federal Communications Commission and the "Must Carry" Provisions

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 The FCC is a substantial contributor as what information reaches the public, especially via television.  More specifically, they regulate the “must carry” provisions which “promotes the wide spread dissemination of information from many sources”  These regulations provide more well rounded sources’ of information (i.e. PBS, public service announcements, public access channels) rather than sources that are overwhelming profit driven and/or dictated by governmental interests.The Federal Communications Commision page 1 The Federal Communications Commission (FCC) is an agency of the United States charged with regulating essentially all communications in or originating in the United States. television and radio airwaves, satellite and cable transmissions, and telegraph communications. The FCC was created as a direct successor to the Federal Radio Commission, the federal body in charge of radio communications within the United States. With the advent of television, it was apparent that a body with a broader mission would be necessary, and it made sense to group a number of similar duties together under one umbrella. The Congress created the FCC with the Communications Act of 1934. The FCC’s primary power comes from its ability to renew or decline to renew licenses to broadcasting stations. In an earlier era of television, this allowed the FCC to dictate rather strongly what content was and was not appropriate for broadcast.  However, since the advent of cable and satellite television – two areas the FCC does not have the same powers over – this has become less important. While the FCC still occasionally fines affiliate networks for violating its content guidelines –  ex. the infamous Janet Jackson indecency fine during Superbowl XXXVIII – they seem less inclined to exercise this power than they have in the past.  Prior to the 1980s, the FCC also set out a number of guidelines meant to keep the public stations as vessels primarily for the public good. A certain amount of hours of each broadcast day were required to be devoted to non-entertainment programming, such as educational or news shows. Broadcast (terrestrial television) 1926:  “The US has long been dominated by the Big Three television networks, ABC(1943), CBS(1927) and NBC(1926), and now Fox, which launched in 1986 and is now considered as part of the "Big Four". The Big Three provide a significant amount of programming to each of its affiliates, including news, prime-time, daytime and sports programming, but still have periods each day when each affiliate can air local programming, such as local news or syndicated programs. Other networks are dedicated to specialist programs, such as religious programming or services in languages other than English, especially in Spanish.  The largest television network in the United States, however, is the Public Broadcasting Service, a non-for profit, publicly owned service. In comparison to the commercial networks, there is no central programming arm or unified schedule, meaning that each PBS affiliate has a significant amount of freedom to schedule programs as it sees fit.  Cable (Basic/Premium)~1949:  common form of television delivery, generally by subscription. Cable television first became available in the United States in 1948, with subscription services in 1949. However Cable as we know it (Basic Cable [MTV] and Priemum Cable [HBO]) began in 1972. What is it?  Mandates that cable companies carry various local and public television stations within a cable provider's service area  Why?  "Designed to insure that local television stations did not lose market share with increased competition from cable networks competing for a limited number of cable channels“  Importance?  valuable for broadcasters and important for determining the value of a broadcaster's FCC license  1972 Must-carry rule mandate the cable companies to provide channels for all local broadcasters within a 60-mile area.  If a broadcaster chooses must carry they receive no compensation for use of their signal, but are assured carriage and channel position.  -This is apposed to retransmission consent which gives up any assurance of carriage or of a desirable channel position. All terms and conditions of carriage are subject to negotiation to decide such things as their channel position and tier placement, DTV channel carriage, distribution and construction costs, studio/personnel/equipment sharing deals and or compensation, to name a few. - Rules applied to: franchise standards, signal carriage, network program nonduplication and syndicated program exclusivity, non-broadcast or cablecasting services, cross-ownership, equal employment opportunity, and technical standards. 1984 Cable Communications Policy Act:  Must specify:  The nature of the info that may be collected  The “nature, frequency, and purpose” that the info will be used for  How long the info will be held by the cable service provider  Where/how the subscriber may have accessed this info  Subscribers right to involve legal action  1992 Cable Television Consumer Protection and Competition Act:  The cable companies were allowed to drop redundant carriage of signals to promote the availability of diverse views and information.  1996 Telecommunications Act: Amending the Communication Act of 1934:  “In adopting the Telecommunications Act of 1996, Congress noted that it wanted to provide a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans by opening all telecommunications markets to competition. The Commission has adopted regulations to implement the requirements of the 1996 Act and the intent of Congress.” (General Cable Television Industry and Regulation Information Fact Sheet." Federal Communications Commission (FCC) Home Page. Web.) Quincy Cable Tv Inc v. Federal Communications Commission  Argued April 16, 1985.Decided July 19, 1985.  When the Commission strikes this balance in favor of regulations that impinge on rights protected by the First Amendment, it assumes a heavy burden of justification… After extensive examination of the purposes and effects of


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Berkeley INFO C103 - The Federal Communications Commission and the "Must Carry" Provisions

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