9-Ch. 11 - Chapter 11 Managers and the Law Broadcasting...

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Chapter 11 Managers and the Law Broadcasting unusual (though not unique) in private business: owners regulated & must maintain license to operate. Regulation loosened or tightened depending on political shifts Telecom Act of 1996 overhaul of Comm Act of 1934 Historical Background of Federal Regulation Federal Radio Act of 1927 set underlying principles 1. Radio channels belonged to public 2. Those awarded frequencies did not own them 3. Condition of use: operate in the “public interest.” Developments to the Present Comm Act of 1934 extended FRA of 1927 FCC enlarged to 7 members (reduced to 5 in 1982) Increased jurisdiction to all forms of interstate wired and wireless communication Serious deregulation during Reagan admin, Mark Fowler, FCC chmn Remove governmental intrusion into private business Bedrock criterion: “marketplace forces” Traditional “public interest” standards had “no foundation in law” Elimination of “fairness doctrine” Pendulum swung back more toward federal oversight Trend halted when Republicans took Congress in 1994 1995: Congress deliberates over new communications bill to supplant 1934 The Regulators: FCC Commissioners Appointed by president Serve for 5 years (had been 7 years before 1986) Commissioners rely heavily on staff Career staffers outstay commissioners “Contribute significantly to the continuity and pattern of the agency’s deliberations” The FCC Workload Basic guide: welfare of the public Responsibilities Establish allocation tables (what do you suppose they are?) Screen applications for license & renewal
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Administer entire electromagnetic spectrum Radio-TV authorization a small part of FCC paperwork Many requests for additional spectrum Private industry Not much time for philosophical consideration 1960s-’70s perceived by industry as a time of “needless harassment” by Commission Deregulatory ‘80s removed regulatory “underbrush” “Public trusteeship” again advocated by Dem Reed Hundt in ‘90s The FCC as Protector of Broadcast Interests and the Public Interest Created by Congress to protect public interest Regulatory policy determined by FCC Policy shaped by Congress, executive branch, courts, citizen groups, and industry itself (Recent : “industry has a way of getting what it wants”) Conflict of Freedom vs. Regulation: The Courts FRA 1927 denied FRC (later FCC) power of censorship. Ambiguity over broadcasting’s First Amendment rights ”Red Lion” case (1969) Court supported public;s limited access to media Seemed an abridgment of editorial rights 1972 Supreme Court: ruled against requiring broadcasters to sell advertising to anyone to wanted it 1st time radio-TV accorded full protection under Bill of Rights Justice Douglas: “TV and radio stand in the same protected position under
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This note was uploaded on 04/11/2011 for the course CBR 250 taught by Professor Chanting during the Winter '11 term at Grand Valley State University.

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9-Ch. 11 - Chapter 11 Managers and the Law Broadcasting...

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