UNT RTVF 1310 - Chapter 10A - Outline 2014 (18 pages)

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Chapter 10A - Outline 2014



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Chapter 10A - Outline 2014

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Pages:
18
School:
University of North Texas
Course:
Rtvf 1310 - Persp on Brdcst Tech
Unformatted text preview:

History How did government get involved in regulation Wireless Ship Act 1910 Large at sea vessels must be equipped with wireless sets Radio Act of 1912 Post Titanic regulation said radio operators had to get license from Secretary of Commerce and assigned frequencies and hours of operation to prevent interference at sea 1920s Spectrum interference change was needed Justification Scarcity Theory Original justification electromagnetic spectrum is limited and a national resource government reserves the right to impose obligations regulations on those allowed to broadcast traditional rationale Pervasive Presence Theory Later used in Carlin case TV and radio so pervasive and potentially intrusive that the public is entitled to some protection from unwanted or offensive messages recent rationale History 1927 Radio Act Principles of scarcity theory Spectrum is publicly owned not private 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 eliminates interference problem strengthens idea of the public interest History Communications Act of 1934 Expanded FRC from 5 to 7 members Renamed Federal Communications Commission Expands jurisdiction to include wireless and telephone Bulk of 1927 legislation included and strengthened in Title III of the Communications Act Found as part of Title 47 of the U S Code of Federal Regulations History Important sections of the CA of 1934 Section 301 Spectrum users must be licensed Section 312 Federal candidates must have access to facilities Section 315 Equal Time section is important Section 326 FCC prohibited from censoring radio TV content Remains flexible and influential basis of broadcasting law History Most notable revisions to the CA of 1934 Public Broadcasting Act of 1967 Cable TV Act of 1984 1992 Telecommunications Act of 1996 History Cable Regulation the FCC 1950s FCC does not initially regulate 1960s pressure from broadcasters adds regulations slows cable growth 1970s pressure from Cable wins favorable legislation 1980s 90s consumer issues new distribution platforms satellite telephone Internet Telecommunications Act of 1996 The most significant piece of electronic legislation in more than 60 years Intent create competition between cable phone companies Liberalized rules covering local and national ownership of broadcast stations Created 8 year license renewals for both radio TV Required new TV sets to carry V Chip parental access control Regulatory Forces 8 Key Components Federal Communications Commission Congress Legislative Branch Courts Judiciary Branch The Whitehouse Executive Branch Industry Lobbyist The Public State Local Government The Marketplace Regulatory Forces 8 Key Components 1 Federal Communications Commission 5 Commissioners Presidential appointment Senate confirmed No more than 3 from any one political party The Federal Communications Commission Regulatory Forces 8 Key Components 1 Federal Communications Commission 5 Commissioners Presidential appointment Senate confirmed 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 most important oversees FM AM radio broadcast TV cable and satellite services The FCC is a major force in the creation of electronic media policy Policy Division Conducts proceedings concerning broadcast cable Conducts proceedings related to DBS Satellite Home Viewer Improvement Act Local channel availability Dish DirecTV Among it s more significant functions are the oversight and implementation of rules dealing with Political Broadcasting Employment Opportunity EEO Children s TV Recent hot topics Closed Captioning Rules for IP Delivered Clips Sports Blackout Rules Joint Sales Agreement Shared Services Agreement Rules The Role of the FCC Policymaking The Role of the FCC Policymaking The Role of the FCC Policymaking The Role of the FCC Policymaking The Role of the FCC Policymaking The Role of the FCC Policymaking The Role of the FCC Grants licenses for broadcast stations Licensee qualifications and requirements Individuals must be a U S citizen Companies free from foreign control 25 percent cap on foreign interest is the base rule but may be exceeded if deemed in the public interest Applicant must show financial and technical strengths Must propose EEO plan The Role of the FCC License renewal Radio TV station renewals up every 8 years Scrutiny Has station operated in the public interest The Role of the FCC License Renewal Competing Applications Petitions to deny Renewal Expectancy an incumbent station will win out over a rival if past service is good Forfeitures Fines and Due Process Notice of Inquiry NOI Sanctions Letters to a station s file Fines Maximum FCC forfeiture 350 000 per occurrence 3 3 million single continuing violation Can be appealed on statutory or constitutional grounds Short term license renewal 6 months 2 years Allows FCC to see if past deficiencies have been corrected Refusal or revocation of licenses rare Stations in Chicago San Francisco have been denied renewals for misrepresentation Ongoing Enforcement FCC depends on complaints to monitor stations In general the FCC enforcement is focused on certain areas technical operation Proper tower lighting and painting EAS Operation compliance with EEO requirements Indecency issues have come under increasing scrutiny over the last number of years Forfeitures Fines and Due Process Adjudication Summary Decisions Hearings before ALJ s Appeals Judicial Route Self Monitoring Public File Contents Latest Construction Permit or License Application Latest License Renewal Application Ownership Reports Annual Employment Reports EEO Model Program if required The Public and Broadcasting A Procedural Manual Record of Political Broadcasting Requests last two years Quarterly Listing of Programs and Issues Letters Received from Members of the Public Agreements with Citizens Groups The Role of the FCC Cable TV FCC does NOT license cable systems State and local governments grant franchises Franchises last between 10 and 15 years Local franchise authority regulates basic rates Cable companies set rates for other tiers of service Pay per view rates or per program services e g HBO are not regulated by FCC or local franchise authority FCC promulgates put into effect by


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