Regulation of Broadcasting

"Since 1927, the rationale for broadcast regulation has been that the airwaves belong to the public and that broadcasters are trustees operating in the public interest" (Biagi, 2017 p.295)

Around 1910 there was chaos on the airwaves, no allocation of channels or anything just a big mess. This led to the radio act of 1912, which required that all radio stations receive a license. During the first World War in particular the government took over the air waves and knocked amateurs off. Commercial stations only began in 1920 with the KDKA. Soon after, there was a "radio craze" which caused a renewed chaos as consumers were encouraged to buy radios. To regulate this, the Radio Act of 1927 was created and formed the Federal Radio Commission. In 1934, they evolved into the Federal Communications Commission. 

Why Doesn't the 1st amendment protect free speech in broadcasting?

Rationale courts often present:

Spectrum Scarcity - A limited public resource

Public Trusteeship - The public owns the airwaves. The government loans parts of the spectrum to private corporations on their behalf.

Persuasiveness - You can't ignore it like print

Special Impact - Especially with TV, visual images are stronger than words in print

FCC

Found in 1934

Agency of gov

Only regulated radio and telephone at time

Broadcasting later came to TV, then cable TV

Balancing of Two right

Right of broadcasters - (Which in U.S. are private corporations) to decide what to put in air.

Right of the Audience - To receive diverse information - a sort of public right to know which doesn't actually exist in the constitution, but has been assumed in U.S. jurisprudence. 

In early days broadcasters had to provide News and Public affairs program. Every radio and TV station had to be licensed by FCC. One requirement was broadcast news. Another requirement was shows that fulfilled children's educational needs.

Fairness Doctrine - In 1949, the FCC said broadcasters must provide

 -A reasonable percent of airtime to public issues
- Airtime for those with contrasting views on controversial Issues

 Eventually, it got so that broadcasters simply avoided political speakers, so they didn’t have to give equal time to the other side. The Fairness Doctrine was repealed by FCC in 1987 because the chairman (Mark Fowler) thought the issue ought to be left to the marketplace. Disbanding was upheld by courts.

Right of reply in newspapers struck down - Miami Herald v. Tornillo 418 U.S. 241 (1974)Struck down Florida law that granted candidates a right of reply in a newspaper In decisions regarding print journalism, the First Amendment has trumped other factors, whereas in broadcasting, regulation has been accepted since the early days.

The Payola Rule - Broadcasters had to reveal who was paying to have their products advertised or favored.

Citizens United Case - 2010 decision that said corporations were allowed to spend any amount of money they wanted in political campaign, elections, and speech. Before this, there were limits on the amount they were allowed to spend on political advertising. The money doesn't go directly to them, it goes to a pact.

Obscenity - FCC v. Pacifica Foundation 438 U.S. 726 (197)

George Carlin's Seven Dirty Words" monologue - “Safe Harbor” idea limited the hours when indecent things could be broadcast (now midnight to 6) This is still true on the old-fashioned public airwaves but not on cable or the internet, or in print. 

Pacifica Case gives rationale for regulating obscenity on public airwaves

#1 - “First, the broadcast media have established a uniquely pervasive presence in the lives of all Americans. Patently offensive, indecent material presented over the airwaves confronts the citizen, not only in public, but also in the privacy of the home, where the individual's right to be left alone plainly outweighs the First Amendment rights of an intruder.” (FCC v. Pacifica)

#2 - Its uniquely accessible to children, because it doesn't have to be read its just said to them.

Deregulation: Ushered in the current era

in 1996, the new Telecommunications Act changed many things about broadcast regulation.

In 1934 FCC charged with making sure broadcasters acted within public interest, convenience, and necessity. 

In 1996, the idea of an open marketplace replaced this, as well as the idea of "universal service."

Ownership and Bundling

Corporations were allowed to own multiple radio stations in the same areas, in the past they worried this would bring about too many of the same ideas but it was revoked.

Cross ownership of radio and Tv stations was allowed, which allowed for media companies to own and bundle multiple forms of media, which has had so many consequences.

Net Neutrality is the internets guiding principle

Doesn't allow corporations to throttle with the content that you view or post online.

Bright Line Rules from 2015 FCC Ruling

-No blocking is allowed of services online that are legal

-No throttling 

-No paid prioritization

Trump appoints new FCC chairman

FCC commissioners are appointed by the president and approved by Senate.

Ajit Pai undid a lot of the major parts of the net neutrality 2015 ruling.

The fight continues, the topic is not settled.

Two other things that could be regulated on the internet in the U.S. but aren't

1. Privacy

2.Social Media