Licensing

1
Licensing

• A prospective licensee must meet these
  qualifications
• The applicant must be a citizen of the United
  States or have less than 25 foreign ownership
• The applicant must have sufficient funds to build
  and operate the station for at least three months
  without earning any advertising revenue

2
Licensing

• A prospective licensee must meet these
  qualifications
• The applicant must either possess or be able to
  hire people who possess the technical
  qualifications to operate a broadcast station
• The applicant must be honest and open in dealing
  with the commission and must have good character

3
Licensing

• When two or more persons seek the same license,
  the FCC uses an auction process to select who
  will receive the license

4
Multiple Ownership Rules

• Current Rules Regulating Broadcast Ownership
• A single company or individual may own television
  stations whose signals reach no more than 39
  percent of the total national viewing audience
• Congress vs. FCC

5
Multiple Ownership Rules

• Current Rules Regulating Broadcast Ownership
• There is no limit on the number of radio stations
  any single licensee can own
• Ownership of both radio and television stations
  in a single market is limited, based on the
  number of stations in the market

6
Multiple Ownership Rules

• Current Rules Regulating Broadcast Ownership
• Cross-ownership rules the ownership of TV and
  radio stations and newspapers in the same market
• Guided by the number of media properties in a
  market

7
License Renewal

• Congress has instructed the FCC to renew a
  broadcasters license every eight years as long
  as
• The station has served the public interest,
  convenience and necessity
• The licensee has not committed any serious
  violation of the Communication Act or FCC rules
• The licensee has not committed any other
  violations that, taken together, would constitute
  a pattern of abuse

8
License Renewal

• Members of the public can challenge a broadcast
  license renewal
• Public participation in the renewal process,
  however, is rare
• Recent rule changes make it harder for citizens
  to mount an effective license challenge

9
Regulation of Program Content

• The FCC has a wide range of sanctions that can
  be levied against those who violate regulations
• Letter of reprimand
• Cease and desist order
• Forfeiture or fine
• Short-term renewal
• Non-renewal or revocation of license

10
Regulation of Childrens Programming

• Restrictions on Programming Targeting Children
• Only 10.5 advertising minutes are permitted each
  hour on weekends, 12 minutes each hour or
  weekdays
• At least three hours of educational childrens
  programming must air each week

11
Regulation of Childrens Programming

• Restrictions on Programming Targeting Children
• There must be a buffer between commercials and
  program content (Well be right back)
• A program may not mention an item advertised in a
  commercial for the same show

12
Regulation of Indecent Material

• The Supreme Court ruled in FCC v. Pacifica (1978)
  that a radio or TV station could be punished for
  broadcasting indecent material
• Based on the theory that children could be
  present during the broadcast

13
Regulation of Indecent Material

• In 2001, the FCC issued a comprehensive statement
  outlining its policy on indecent broadcasts.
  Indecency is
• Language or material that, in context, depicts or
  describes, in terms patently offensive as
  measured by contemporary community standards for
  the broadcast medium, sexual or excretory
  activities or organs

14
Violence on Television

• In 1996, Congress mandated that all manufacturers
  of television sets include a V-Chip to block out
  violent programming
• Along with the chip, Congress imposed a program
  rating system

15
Violence on Television

• Television Ratings System
• TV Y approved for all children
• TV Y7approved for children 7 and over
• TV G suitable for all ages
• TV PG parental guidance
• TV 14 parent strongly cautioned
• TV MA mature audiences only

16
Violence on Television

• Television Ratings System
• A second tier of ratings summarizes content
• V violence
• S sexual situations
• L coarse language
• D suggestive dialogue
• FV fantasy violence

17
Regulation of Political Programming

• Candidate Access Rule broadcasters must allow
  candidates for federal office access to or the
  purchase of airtime
• CBS v. FCC (1981)
• Kennedy for President Committee v. FCC (1980)

18
Regulation of Political Programming

• Equal Time Rules if a broadcasting station
  permits one legally qualified candidate for any
  elective public office to use its facilities, it
  must afford an equal opportunity for all other
  legally qualified candidates for the same office
• Equal time
• Equal facilities
• Comparable costs

19
Regulation of Political Programming

• Appearances by a Political Candidate Not Covered
  By Equal Opportunity Rule
• Appearance in a bona fide newscast
• Appearance in a bona fide news interview show
• Appearance in the sport news coverage of a bona
  fide news event
• Incidental appearance in a news documentary

20
Regulation of Political Programming

• A legally qualified candidate is any person
• Who publicly announces he or she is a candidate
  for nomination or election, and
• Who meets the qualifications prescribed by law
  for that office, and
• Who qualifies for a place on the ballot, and
• Who was duly nominated by a political party

21
Regulation of News and Public Affairs

• The government has limited control over broadcast
  of news and public affairs programming
• The FCC has thus far rejected all complaints that
  television news coverage was slanted or staged
• The FCC has made it difficult for those who seek
  to prove biased coverage to receive a remedy

22
The FCC and the First Amendment

• In CBS v. National Democratic Committee (1973),
  the U.S.Supreme Court gave broadcasters the right
  to determine whether to air specific editorial
  advertising

23
Cable Television Regulation

• Must Carry Rules - cable television systems must
  carry local television programming channels
• In Turner Broadcasting System, Inc. v. FCC
  (1994), the U.S. Supreme Court ruled must carry
  rules were constitutional

24
Cable Television Regulation

• Under the 1992 Cable Television Consumer
  Protection and Competition Act
• Local governments are given the primary
  responsibility to regulate cable systems in their
  communities
• Local governments may issue franchises, collect
  franchise fees, and renew franchises
• Includes provisions to protect subscribers right
  to privacy