Term
| What are the duties of the FCC? |
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Definition
The FCC establishes rules and regulations that relate to the general operation of the telecommunications industry. Policies have included must-carry, financial interest-domestic syndication, and children’s programs. Many of its functions are technical. It assigns frequencies to individual stations, determines the power each can use, and regulates the time of day each may operate. Also controls the general allocation of frequencies. They are also responsible for the EAS (emergency alert system), which ties together all radio and TV stations so that information can be broadcast from the government to citizens during a national emergency
Regulates interstate and international communications by radio, television, wire, satellite and cable. Congress can ask FCC to administer laws and policies
7 Bureaus’ responsibilities include:
• processing applications for licenses
and other filings
• analyzing complaints
• conducting investigations
• developing and implementing regulatory
programs
• taking part in hearings |
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Term
| How are obscene, indecent, and profane speech regulated by the FCC? |
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Definition
The U.S. Criminal Code outlaws profanity, indecency, and obscenity, but the code and the first amendment often clash in these areas. It is difficult to say when something is truly profane, indecent or obscene because their definitions are always changing with the times.
• FCC defines profanity: irreverent use of the name of God. FCC rarely chastises stations for profanity
• FCC defines indecency: language that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards or the broadcast medium, sexual or excretory activities or organs
• FCC defines obscenity: more extreme than indecency. Determined in 1973 Miller v. California. A program must contain the depiction of sexual acts in an offensive manner, must appeal to prurient interest of the average person, and must lack serious artistic, literary, political, or scientific value. Most serious of the 3.
o Less of a problem for TV than indecency. But Radio has potential for obscenity cases because of the lyrics of some modern songs. Cable TV is more likely to see legal action regarding obscenity than commercial broadcasting because rules aren’t as strict for them.
• Safe Harbor: a period of time from 10 P.M.-6 A.M. when indecent material can be aired because children are not expected to be in the audience. This was a result of the George Carlin’s 7 dirty words controversy
• Can fine a station for these things (ex: fining Infinity Broadcasting for Howard Stern or when FCC fined CBS $550,000 for Janet Jackson)
• Fleeting expletives: swear words uttered by celebrities or talk-show guests, especially on awards shows. They were labeled indecency, not profanity because in their original intent the words dealt with sexual or excretory functions.
• Public Access: Systems are not allowed to censor public access shows, regardless of their content because of first amendment.
• DVDs, Games, Movies: have codes to keep them out of trouble but the problem is enforcing them (not letting a 12 year old in an R rated movie). Also criticized for marketing their products to young people |
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Term
| What are libel and slander |
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Definition
• Libel: the defamation of character by published word
• Slander: the defamation by spoken word |
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Term
| What are ASCAP, BMI, and SESAC |
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Definition
• ASCAP: American Society of Composers, Authors, and Publishers
• BMI: Broadcast Music, Inc.
• SESAC: Society of European Stage Artists and Composers
• These organizations collect and distribute copyright fees for music: Music Licensing |
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Term
| By what rationale were cameras in the courtroom not allowed? |
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Definition
• Canon 35: policy by the American Bar Association in 1937 that barred still cameras and radios from courtrooms, and later TV cameras were also barred. This wasn’t a law, but just an ABA policy. Judges abided by the policy saying that cameras would cause disruption and lead defendants, lawyers and jurors to act in ways they wouldn’t if no cameras were present, which deprives the defendant of a fair trial.
• Canon 3A: 1972 ABA liberalized Canon 35 buy saying that individual states and judges could choose and soon states began allowing cameras and didn’t see anything wrong with it.
• O.J. Simpson case: One of the most watched events in TV history. The trial became a circus, and raised questions about allowing cameras in the courts, especially when a cameraman accidently showed a juror. Judges believed they interfered with court proceedings and began barring cameras again. However, as time passed courts allowed them again. |
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Term
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Definition
| A situation in which one company owns different media in one market, such as a newspaper owning a TV station. FCC is concerned about this because then the public would only learn one version of the news. Mergers and acquisitions present problems in this. The trend is for the FCC to allow more cross-ownership recently, but sometimes the courts disallow these decisions. |
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Term
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Definition
Section 315 of the Communications Act is known as the equal time provision. “If any liscensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station”
• In effect only during periods of election campaigns and deals only with people who have officially declared for political office.
• Must give approximately same time and time period |
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Term
| What is the term of an FCC commissioner? |
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Definition
| Commissioners are appointed for 5 year terms by the president, with the advice and consent of the Senate. 5 year terms are staggered. |
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Term
| What do the Federal Aviation Agency and the Federal Trade Commission have to do with broadcast regulation? |
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Definition
• Federal Aviation Agency: is involved only when improperly lit antenna towers may be a hazard to airplanes
• Federal Trade Commission: deals with fraudulent advertising |
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Term
| Who controls copyright law? |
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Definition
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Term
| What are First Amendment rights? |
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Definition
| Freedom of speech, press, religion, and assembly |
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Term
| What is defined as irreverent use of the name of God? |
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Definition
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Term
| What is a compulsory license? |
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Definition
| A copyright fee that must be paid and that is usually a set fee, such as a percentage of income. Cable TV systems and satellite programming providers must pay to cover material provided by others, such as movie producers |
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Term
| What are digital rights management? |
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Definition
| DRM is technology that uses encryption for file security. They are ways to prevent copyright laws from being violated. These include scrambling and digital fingerprints. |
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Term
| What is a needle drop license? |
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Definition
| Needle drop fees are fees for using music one time that includes as a factor the length of the cut used. Common in movies. |
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Term
| What is a blanket license? |
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Definition
| Obtaining the right to use a large catalog of musical selections by paying one set fee. Common with radio stations |
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Term
| What are a petition to deny, renewal expectancy, comparative License renewal, ascertainment.and promise versus performance ? |
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Definition
• Groups requested COMPARATIVE LICENSE RENEWAL (wanted to operate stations themselves)
o Definition: A procedure by which a group could challenge the license of incumbent station owners
• Citizens groups filed PETITIONS TO DENY license renewals so they could bargain for what they wanted
o Definition: process by which citizen groups expressed the desire that a license be taken away from a stations
o PROMISE V. PERFORMANCE provision
• Stated that promises made when stations given license should be kept and performance on these promises should be a basis for renewal |
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Term
| What is WHDH remembered for? |
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Definition
• WHDH
o Ownership in question
o First granted to Boston Herald Traveler then changed to Boston Broadcasters, INC
o 1st time license transferred involuntarily without station being found guilty of excessive violations |
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Term
| What are the exemptions from Section 315? |
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Definition
• 1959: Lar Daly
o Congress amended Section 315 so that equal time restrictions would not apply to candidates appearing on newscasts, news interviews, documentaries, and on the spot coverage of events
o 1960 JFK v. Nixon suspended Section 315
• equal debate opportunity/time?
o Reagan, Schwarzenegger, and Fred Thompson
• Suspend TV shows w/ them in it. 315 applies? |
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Term
| What are the specifics of The Red Lion case? |
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Definition
• Red Lion Case
o 1964: Cook opportunity to reply to unfair statement (ties to Communism) from WGCB (PA)
o Court said he should be able to respond w/ or w/o means to pay for it
o Upheld the Constitutionality of the fairness doctrine |
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Term
| Who successfully used the fairness doctrine in connection with cigarette commercials? |
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Definition
• John F. Banzhaf III
o Free time should be given to antismoking groups to present the other side
o Only in effect until 1972 when cig ad banned |
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Term
| What did Google Earth allow a man to do to get justice? |
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Definition
• Google satellites in Florida
o Someone dumped their boat in someone else’s yard
o Does the boat owner have the right to privacy? |
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Term
| What has the FCC recommended for 100 million American households by 2020? |
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Definition
• National Broadband Plan
o FCC says 100GG broadband to 90% (100M) of HH in America
o Not Verizon
o Either Cable or wireless |
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Term
| What is “the scarcity argument?” |
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Definition
• Scarcity Theory:
o Not everyone who wants to be broadcast through radio frequencies can because this would cause uncontrollable interference
o As a result, Congress need to intervene to det who could and couldn’t
o Today, scarcity theory not as relevant because there are many avenues of distribution available
• Scarcity theory is why you can’t say “customers” in broadcasting, but can in newspaper |
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Term
| For what has Howard Stern been found guilty? |
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Definition
| • Obscenity; cost Infinity $.17M in FCC fines |
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Term
| What are obscene, indecent and profane content? |
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Definition
o PROFANITY
• Irreverent use of the name of God
o INDECENCY
• Language that, in context, depicts or describes sexual or excretory activities or organs in terms patently offensive, as measured by contemporary community standards for the broadcast medium
o OBSCENITY
• Something that depicts sexual acts in an offensive manner, appeals to prurient interests of the average person, and lacks serious artistic, literary, political, or scientific value
• Definition determined by 1973 court case Miller v. California
• Most serious of the three
o FCC rarely chastises for profanity, but often for indecency
o 1973 WBAI
• George Carlin spoofed 7 Dirty Words @ 2PM
• Dad and son heard
• FCC placed note in WBAI renewal and station appealed to supreme court
• One result was FCC est SAFE HARBOR
Pd of time b/w 10 PM to 6 AM when indecent material can be aired
o Howard Stern cost Infinity Broadcasting $1.7M
o “FLEETING EXPLETIVES”
• swear words uttered by celebs or talk show guests, esp on awards shows
• labeled indecency not profanity
o indecency more problematic for TV broadcasters than obscenity
• in attempts to avoid indecency, stay far away from obscenity |
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Term
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Definition
| Pd of time b/w 10 PM to 6 AM when indecent material can be aired |
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Term
| What was George Carlin’s “seven dirty words” monologue found to be? |
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Definition
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Term
| What are libel and slander? What is malice? |
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Definition
• LIBEL
o To broadcast or print something unfavorable and false about a person
o Broadcast included because reaches mass audiences
• SLANDER
o To say something false that is harmful to a person’s character or reputation
• To win a libel suit, public figures must prove the journalist acted with ACTUAL MALICE
o Actual Malice: In libel suits, taking something that was known to be harmful and saying or printing it anyway, with reckless disregard |
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Term
| What are the tenants of copyright law? |
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Definition
• Affects most aspects of electronic media
• Gives authors exclusive rights to material for a limited time
• Gives author rights 70 yrs after death for copyrights held by individuals and 95 years for works for hire (1998) |
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Term
| What is Canon 35 of the ABA? |
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Definition
• 1937: American Bar Association adopted CANON 35 Policy which barred still cameras and radio from courtrooms
• 1972 re-designated as Canon 3A
o individual states given discretion as whether to allow camera in court
o mid 1980’s: all states allow cameras in courtrooms |
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Term
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Definition
• WLBT-TV
o Jackson, MS United church of Christ wanting to participate in hearing for renewal of WLBT
o Established precedent for citizen participation in license renewal |
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Term
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Definition
• RKO had 16 stations (1980) some stations denied renewal b/c parent co involved in bribery
o 1990: hearings ended w/ “whimper” and called “most burdensome proceedings in FCC history”
• threat of losing license abated in 1980’s |
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Term
| What is renewal expectancy? |
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Definition
• RENEWAL EXPECTANCY
o radio and TV stations can assume licenses renewed unless commit serious acts |
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