media law test 3

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wireless ship act of 1910: required all commercial vessels with 50 plus passengers to have a wireless telegraphy on board
established SOS as the official distress signal
radio act of 1912: established government control under the secretary of commerce to issue licenses to radio transmitters
hoover v intercity radio: intercity radio was denied a license on the grounds of insufficient spectrum space by the secretary of commerce

fed ct determined that the sec of commerce had to give a broadcast license to any person who applied
us v zenith radio: zenith radio was unhappy with its radio frequency. when their application to chance frequency was rejected, zenith moved it anyway

fed ct ruled that the commerce dept lacked the authority to regulated frequency power or hours the radio station could operate
radio act of 1927: est the federal radio commission as a separate agency which only oversaw the radio industry
telephone was regulated by the commerce dept
communication act of 1934: est the fcc which oversees the telephone radio tv cable ect industries
nbc v us: fcc adopted a rule that limited the amount of network broadcast time that any affiliate station could carry

uss held that the fcc can regulated the electronic media and the rules it makes must be obeyed
fcc: 5 commissioners are appointed by the president with the approval of the senate
newton minnow: vast wasteland
mark fowler and patrick dennis: deregulation
chair: julis genachoswski
enforcement powers of the fcc: simple letter
cease and desist order
forfeitures (fines)
short term renewals 6 months - 2 yrs
renewal denials and revocation
fcc appeal process: admin law judge
review board
fcc commissioners
us ct of apples, dc circuit
ussc
Fairness Doctrine: in re mayflower broadcasting: stations couldnt use their stations to express opinions or editorialize
in re united broadcasting co: stations couldnt refuse to sell time for discussion of controversial issues
report on editorializing by broadcast licensees: devote a reasonable percentage of time to the coverage of controversial public issues

provide a reasonable opportunity for te presentation of contrasting viewpoints
in re representative patsy mink: fcc ruled that a station had not met its obligation to air controversial programming regarding strip mining
reasonable opportunity: fcc examines the amount of time devoted to the topic
how often a topic is aired
size of the listening audience
in re cullman broadcasting: station must not wait for a spokesperson to appear

(reasonable opportunity)
banzhaf v fcc: applied fairness doctine to cigarette smoking. later dropped against commercial ads

(reasonable opportunity)
personal attack rule: attack on honesty integrity and character of a person or group

must notify as to time date and id of broadcast within one week

script or tape or accurate summary must be supplied

an offer of a reasonable opportunity to respond
section 315: zapple doctrine applies the section to spokesperson or supporter of a candidate and not just to the candidate
applies to state/local candidates
must be a legally qualified candidate: rate change 45 days before a primary and 60 days prior to general election and must be a the lowest cost
no requirement to notify opposing candidates
requires eo and equal time for candidates
station cant censor program content but can reject based on technical consideration
station has option not to run ad- as long as it is not running any political ads at all
section 312: applies to fed candidates
must be legally qualified
rates change in days prior to election and they must be the lowest cost
must run ad when submitted
section 312 and 315 exemptions: bona fide newscast
bona fide news interview
bona fide documentary
on the spot news coverage
content restrictions miami herald vo v tornillo: ussc held that newspapers have diff 1st amendment rights than electronic media
childrens tv act of 1990: limited commercial time and set requirements for the child audience to be considered at license renewal time

by 1993 fcc determined that 90-95% of stations had met the requirements of the statue
format changes fcc v wncn listeners guild: radio station is free to change its format without considering the impact on the public
fcc v pacificia foundation: indecent communication
ussc ruled that the fcc could regulate indecent programming
obscene programming cant be aired bc of section 1464 of us code
in re wgbh education foundation: indecent communication
the fcc found a public tv station airing programs which contained nudity and adult themes. it was not indecent bc it was not repetitive use of questionable material
in re infinity broadcasting crop: fcc stated it would look at the serious merit of a pgrogram as a factor in determining indecency the reasonable risk of children in the audience and a warning should precede the program
sables communications v fcc: congress passed a statute to eliminate indecent and obscene dial a porn

total ban on dial a porn is unconst. indecent phone msgs have some constitutional protection
telephone disclosure and dispute resolution act of 1992: 900 and 976 numbers must disclose costs in ads, block children under 12 and pay restrictions must be clarified
lotteries: can only be broadcast if a state lottery- chance, consideration and prize
us v edge broadcasting: ussc held that a state can regulate commercial speech broadcast such as lottery results
must carry: cable has to carry local broadcasters
anti leapfrogging: cable cannot generate signal outside of area
syndex rule: syndication exclusivity
us v southwestern cable co: ussc held that fcc has a right to apply broadcasting rules and regulations to cable tv
fortnightly corp v united artists tv: ussc held that retransmission of a tv signal wasnt a copyright infringement bc it wasnt a performance
teleprompter corp v cbs: ussc held that retransmission by a microwave facility wasnt a copyright infringment
copyright act of 1976: created a copyright tribunal to redistribute copyright fund.
local govt were given the power to regulate franchise agreements
cable changes: antileapfrogging rules and syndes were eliminated
syndex was reest in 1990
cable communications policy act of 1984: gave fcc direct control over the cable industry
restricitons were placed on how much cable companies can charge during a typical 15 yr contract
allowed leased access channels
obscene programming not allowed
govt can ensure braod categories of programming
PEG left up to local govt
quincy cable tv inc v fcc: ussc held that must carry rules were unconst
city of los angeles v perferred comm: ussc held that lower cts should determine if cable companies should be allowed to compete
ct refused to address 1st amend issues of cable, like should cable be treated like print or broadcast
century comm corp v fcc: ussc held that an a/b switch was constit
revised must carry rules were still unconst
cable tv consumer protection and competition act of 1992: cable must negotiate with broadcasters over carriage fee
bills must be itemized
cable co has to notify viewers about sexually explicit promotions
cross ownership limits set
basic tier rates set- 3 ntwks plus pbs
studies of home shopping and sports ntwks commissioned
national association for better broadcasting v fcc: a fed ct determined that dbs is a nonbroadcast service
satellite home viewer act of 1988: satellite viewers can receive signals from ntws so long as they are not in the broadcast areas of that ntwk
other satellite legislation: local stations can be offered to be included in a satellites package
fcc implemented a carry one carry all rule governing satellite packages.
if you carry one local station you must carry them all
low power tv lptv: same rules apply except that only PAR and section 315 applies only to originated programming
telecommunication of 1996 broadcasting: advanced tv stations will have 2 6mhz channels and wont have to pay for the second channel
telecom act of 1996 radio ownership: no limits on am and fm
one company can own up to 8 stations in a single market
station owners can assemble varied programming in a single market
telcom act of 1996 tv ownership: limits to 35% of national audience
crossownership rules: tv am and fm station are being revamped
tv and cable in the same market elimintated
telecom act of 1996 license renewal: license issued for 8 yrs
comparative hearings are eliminated but have to keep complaints about violent programming
telecom act of 1996 dbs: fcc has direct control over direct satellite
extended signal piracy to illegal devisice to receive dbs
telecom act of 1996 cable: private cable system to multiple dwelling units are exempted from state and local regulations
small operators are exempt
telecom act of 1996 rate regulation: rate regulation of upper tier channels is to sunset march 1999
telecom act of 1996 interactive and telecom services: internet access 2 way interactive cable are not subject to cable regulations
separte license needed for just video and right is extended to all common carriers
telecom act of 1996 wireless: wireless cable is not subject to state or local govt
open video system: maybe either wireline or wireless and may be open to anyone
telecom act of 1996 telephone: exclusive telephone franchise are preempted
cable and phone co can form joint venture if not on home turf
telecom act of 1996 communication decency act: communication decency act was declared unsconst in reno v aclu
tv must est voluntary code similar to mpaa. must begin to develop vchip for home use
cable must scramble or block on request
rtnda v fcc: uss ruled that the PAR regulations and political editorial rule were unconst

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