COMM 122 1st Edition Lecture 14Outline of Last Lecture I. Video Privacy ProtectionII. Public InterestIII. Consumer and Governmental Affairs BureauIV. FCC Rules and Duties Outline of Current Lecture I. NewsII. Powers and Duties of the FCC; Section 315 and the Fairness DoctrineIII. Emphasis on Public Interest obligationsIV. FCC Powers and DutiesV. Informal RegulationVI. 2 Competing Applicants for a License FavorVII. Ways in which government rules have directly affected contenta. Section 315b. Fairness DoctrineCurrent LectureProgramming and changes in the way that programming is distributed: Nielson- 4th quarter total audience report: comes out every 3 months- Always put a member of the minority group on the front to show that they care for everyone- The Total Audience Report has a picture of the different deviceso Traditional ratings are dropping, people are watching on other devices (accelerating move away from traditional tv and the industry is freaking out) Change is actually small—live tv viewing is still a large portion of the viewing, viewing on other devices only increased a little (however they are responding to the trend)- 114 billion hours of live tv watched by peopleThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- People aren’t just watching live—streaming on sites where they can skip through the ads o 40% of the households in the country are prescribed to a streaming website (SVOD—Netflix, amazon, Hulu)—not counted on Nielson so they are pushing to measure on these devices Apple is going to be making an Apple tv with:- Broadcast channels - Several cable channels $30-40/month - ABC, CBS, FOX, ESPNo No NBC Broadcast or Cable (USA, Bravo, Syfy)We pay for hundreds of channels for regular cable but we only watch about 12-15—we want to pay for the channels we want (a la carte)—new services are given us smaller packages (major transformation of cableEmphasis on Public Interest obligations:- Reduced during Reagan years (1980’s; “toaster with picture”)- 1992 Children’s Television Acto Limits on commercials per houro 3 hours educational programs per week- 1996 Telecommunications Acto Softened requirements; lip service- 2012 Election Law: disclose political ad sources and money onlineo planning law suits against FCC to resend the new rulesBush Administration increased indecency fines from $32,000 to $325,000 (now it is only occasional complaints—FCC now is not as responsive (Obama) as opposed to Bush- Indecency and Complaints now almost gone- Complaints now about loud commercial FCC Powers and Duties- Rule Making/ Legislationo Proposal introducedo Hearings; dropped or issue Report and Order (legally binding law) o Policy Statement- Adjudication/ Settle disputeso Act on Petition to Denyo Decide between competingo After 1996: no more comparative renewal bearings Previously: If someone filed a petition to deny and said they could do a better job they would have to have a comparative renewal (now they made it more difficult to take a license away)Informal Regulation: - Raised eyebrow: general statements/ vague warnings- Jawboning: applying direct pressure to change something without any legal back upo FCC got all the broadcast networks to agree that they would have no sex and violence between 8-9pmo Courts agreed that they had no legal authority and it was taken awayPowers and Duties:- Adjudication/ settle disputeso Most renewals automatic/ uncontestedo Incumbent licensee usually wins  Very rare—if someone say they can do a better job—it is very rare for a person to take the license away from someone who already has oneo When they do take a program away (revocation) it is usually due to poor programming Hired two people to have sex in the cathedral so they could put it on the radio—fined the station and said that they may revoke the license (almostnever because of programming, it is usually because of something procedural)o 1993 was the last time a Petition to Deny was successful 2 competing applicants for a license favor: - Diversification ownership (they will favor the person who doesn’t own a lot)- Local management of the station- Local programming Despite this policy, in practice all these things worked against an applicant—it would go to the applicant that wouldn’t do any of these things - It has become easier because a competing applicant wont be recognized unless the FCC has decided that they were going to revoke the license - Laws have increased the power of media owners- Less emphasis on the public interesto Harder than ever to challenge a licenseWays in which government rules have directly affected content:1. Section 315: less controversialo More commonly known as the equal time provisiono Deals with politics—candidates running for election (distribution of power—campaigns and elections)o If a broadcaster gives access to the airwaves (legally qualified candidates) then the licensee must give equal opportunities for other candidates for the same use—can’t favor someone (must give equal opportunities)o Licensee cannot censor or edit message Idea was to prevent certain candidates or parties to monopolize the media o Media could decide that they didn’t want to it to anyone—after 1971, they couldn’t refuse candidates fir federal office- Problem: every time a candidate appears on news (especially incumbent), others demand equal time for other candidates o 1959: Congress exempted “bona fide” newscast, news interview, news documentary, on-the-spot coverage (didn’t count)  What about?:- Presidential news conference? Exempted- Shows like “Meet the Press”? Exempted- Shows like “Today Show” or “GMA”? Exempted- Talk show like “The View”? Exempted- Presidential Debates? Exempted- FCC rules Leno is Bona fide News Interview Program - Section 315: o Prevents stations from censoring political material o Provides equal opportunities for candidates to have access to the media 2. Fairness Doctrine: has enormous implications- Formalized in 1949- Showed differences in the way that the government dealt with broadcasting in comparison to other media o Said that the first amendment doesn’t apply to the first amendment as much as the fine print o What section 315 does for candidates, the fairness doctrine done for issues  If someone offers a controversial view, then those with opposing views