16april3010 - Test 10 Monday Test 19 April 2010 3 Colleges...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Test 10 Monday Test 19 April 2010 3 Colleges to Give Students iPads Give Shelly Palmer • Google satellite photos in Florida Google Does the boat owner have a right to privacy? Does • FCC: 100 Gbps to 100 million of U.S. HH FCC: • Verizon iPhone? Verizon • Facebook “Like” • Youtube Redesign Youtube • iPad paradigm shift, college use iPad Broadcast Regulation • Legislative – Congress Legislative • Executive – President and federal agencies Executive • Courts – Federal courts and appellate courts Courts Broadcast Regulation • Legislative – Congress (1927) Legislative “public interest, convenience, and necessity” taken from transportation necessity” regulation for common carriers regulation • A common carrier holds itself out to provide service to the general public without discrimination. • no “obscene, indecent, or profane language." “obscene, Broadcast Regulation: Legislative Broadcast • Congress shall make some laws... Congress • Scarcity Theory Scarcity • 1927: Federal Radio Commission 1927: • 1934: Federal Communication Commission 1934: • 1996: Telecommunications act 1996 Telecommunications Act • “first major overhaul of telecommunications law in almost first 62 years. The goal of this new law is to let anyone enter any communications business -- to let any communications business compete in any market against any other.” Source: http://www.fcc.gov/telecom.html http://www.fcc.gov/telecom.html 1996 Telecommunications Act • TV station owners can reach 35% of U.S. population TV • Many ownership restrictions on radio were lifted Many • Licenses extended to 8 years for radio and TV Licenses • Reserved ATS spectrum for current licensees Reserved • Current owners can expect to have licenses renewed Current • No competing applications considered unless FCC No first finds station in violation of rules • Amends the 1934 Act, does not replace it. Amends 1996 Telecommunications Act • Should broadcast television stations be required to air Should children’s programming? children’s local, community-based programming? local, less violent programs? less 1996 Communications Decency Act • Part of the 1996 Telecommunications Act Part • Required provision of (voluntary) program ratings Required • Required TV manufacturers to include “V-chip” Required to allow parents to block children’s access to content to • Required “adult” content to be scrambled Required FCC Cross-Ownership Ban • http://www.fcc.gov/cgb/consumerfacts/reviewrules.html http://www.fcc.gov/cgb/consumerfacts/reviewrules.html FCC • Established by the Communications Act of 1934 Established • 5 Commissioners appointed by the President Commissioners • 5-year terms 5-year • 3 Democrats, 2 Republicans no more than 3 from one political party no • Confirmed by the Senate Confirmed FCC • President chooses the FCC chair (Michael Powell) President • Regulates interstate and international communications by radio, television, wire, satellite and cable • Congress can ask FCC to administer laws and Congress policies. FCC Bureaus • 7 Bureaus’ responsibilities include: • processing applications for licenses and other filings • analyzing complaints analyzing • conducting investigations • developing and implementing regulatory programs • taking part in hearings taking FCC Offices • Office of Administrative Law Judges – presides over hearings, and issues Initial Decisions • Office of Communications Business Opportunities – provides advice to the Commission on issues and policies concerning opportunities for ownership by small, minority and women-owned communications businesses. • Office of Engineering and Technology - allocates spectrum for non-Government use and provides expert advice on technical issues before the Commission. FCC Bureacracy • Office of The General Counsel - serves as chief legal advisor to the Commission's various Bureaus and Offices. • Office of Inspector General - conducts and supervises audits and investigations relating to the operations of the Commission. • Office of Legislative Affairs - is the Commission’s main is point of contact with Congress. • Office of The Managing Director - functions as a chief operating official, serving under the direction and supervision of the Chairman. FCC Bureacracy • Office of Media Relations - informs the news media of informs FCC decisions and serves as the Commission‘s main point of contact with the media. • Office of Strategic Planning & Policy Analysis – works works with the Chairman, Commissioners, Bureaus and Offices to develop strategic plans identifying policy objectives for the agency. • Office of Work Place Diversity - advises the Commission advises on all issues related to workforce diversity, affirmative recruitment and equal employment opportunity. George Carlin 7 Dirty Words omedian’s monologue on 7 words you can’t say on televi words can’t • Class Clown and Occupation Foole albums albums • Broadcast on Pacifica’s WBAI-FM, New York in 1973 river John Douglas heard it in the early river ternoon with his son in the car ternoon George Carlin 7 Dirty Words • Douglas complained to the FCC Douglas • FCC sent a reprimand to WBAI for broadcasting FCC obscene material • Appeal made it to SCOTUS Appeal • 5-4 vote upheld the FCC 5-4 Comcast and the FCC • BitTorrent is a protocol that allows file sharing • Comcast’s user agreement prohibits this, but Comcast’s they have allowed it nonetheless • Comcast interrupted some BitTorrent services Comcast by slowing them down • FCC ordered it to stop in 2008 FCC FCC Orders Camcast to Stop • Comcast appeals the decision to the U.S. Court Comcast of Appeals for the D.C. Circuit • April 6 Court ruled the FCC does not have the April authority to make this decision: Comcast wins authority • This calls net neutrality into question This • Theoretically, AT&T could block competitors’ Theoretically, sources such as video Comcast and the FCC • The court’s decision calls into question what The role the FCC can play in regulating the Internet role • The FCC has ruled Internet services as information services rather than common carrier • Once a court strikes down rules, Congress may Once pass a law bringing back the FCC’s authority • Rebublicans generally don’t want the FCC to Rebublicans have this authority, Democrats generally do. Net Neutrality Net George Carlin 7 Dirty Words George • SCOTUS ruled the monologue was indecent SCOTUS but not obscene • Court said government has an interest in shielding children from patently offensive shielding material and ensuring unwanted speech does not enter one’s home • the FCC had the authority to prohibit such broadcasts during hours when children were likely to be among the audience George Carlin 7 Dirty Words • http://www.youtube.com/watch?v=fFmRypAYz_E http://www.youtube.com/watch?v=fFmRypAYz_E • http://bit.ly/Bhr1J (long) http://bit.ly/Bhr1J • http://www.youtube.com/watch?v=fiTNyX4tReE http://www.youtube.com/watch?v=fiTNyX4tReE The words today. The George Carlin 7 Dirty Words George • Obscenity Obscenity • Indecency Indecency • Profanity Obscenity SCOTUS Not Free Speech Obscenity Not (1) an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest (i.e., material having a tendency to excite lustful thoughts) (2) the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law (3) the material, taken as a whole, must lack serious literary, artistic, political, or scientific value. Indecent Speech Is Protected Speech • Must be “patently offensive,” can be restricted can FCC must decide • whether the description or depiction is explicit or whether graphic • whether the material dwells on or repeats at length descriptions or depictions of sexual or excretory organs • whether the material appears to pander or is used whether to titillate or shock Profanity • “Profane language” includes those words that are so highly offensive that their mere utterance in the context presented may, in legal terms, amount to a “nuisance.” • Profanity used to include taking the lord’s name Profanity in vain. in Profanity Profanity • Golden Globes Decision (2004) Golden • NBC stated that Bono said the following: “This is really, really, fucking brilliant. Really, really great.'‘ (2003) • FCC received complaints and investigated FCC • FCC went against staff recommendations and FCC said any use of the F-word on radio or TV is said indecent; Bono was indecent and profaine. Janet Jackson Superbowl Appearance Janet • 2004 Halftime Show 2004 • “Wardrobe malfunction” • FCC received a record number of complaints FCC • the fact that CBS may not even be responsible the for Jackson’s flash of nudity did not stop the FCC from imposing the largest fine in history • CBS and affiliates fined a record $3.35 million CBS Broadcasting Safe Harbor Broadcasting • Obscenity is never protected Obscenity • Indecent and profane material may be aired Indecent between 10 PM and 6 AM • South Park in syndication airs at 10 PM or later The Real Slim Shady • Florida court rules 2 Live Crew’s album As Nasty as They Want to be obscene As • “Chilling effect” led to stations not playing Eminem’s “The Real Slim Shady” • http://popup.lala.com/popup/432627073624053908 http://popup.lala.com/popup/432627073624053908 • http://www.azlyrics.com/lyrics/eminem/therealslimshady.html http://www.azlyrics.com/lyrics/eminem/therealslimshady.html Howard Stern Howard • Fines Fines • Currently on subscription satellite radio Section 315: Equal Time Rule • Section 315 of the 1934 Act Section • Broadcast stations must provide an equivalent opportunity to any opposing political candidates who request it. • If one candidate gets free air time, other If candidates must as well. Section 315: Equal Time Rule • Four Exceptions (1959): Four documentaries, bona fide news interviews, scheduled newscast or on the spot news • Stations can not censor campaign ads. Stations • Must charge the lowest advertising rate. Must • Congress is not eager to get rid of the not Equal Time Rule Fairness Doctrine • FCC policy, not a law FCC • Required broadcast stations to cover Required controversial issues in a way that was honest, equitable and balanced. • Broadcasters were required to present Broadcasters both sides of a controversial issue. Fairness Doctrine • Red Lion Case: • Author demanded equal time after he was Author attacked in Red Lion, PA. 1964 broadcast. • Station offered time if paid for. Station • SCOTUS 8-0 upheld the constitutionality SCOTUS of the Fairness Doctrine in a case of an on-air personal attack (1969) Fairness Doctrine • Fairness doctrine was criticized for leading Fairness to “Mom and Apple Pie” broadcast editorials. to • Stations steered clear of most controversial Stations material. • As cable TV emerged, the “scarcity” As argument began to lose clout. Fairness Doctrine • The Fairness Doctrine was policy, not a law. The • Reagan (1981-1989) FCC did not support Reagan the Fairness Doctrine • Adopted in 1949, it was repealed in 1987. Adopted • Congress tried to make it law but Reagan Congress vetoed the bill. vetoed Fairness Doctrine • Democrats have introduced legislation Democrats in recent years to bring back some form of the Fairness Doctrine but they have of not had traction. • Republicans oppose a reinstatement of Republicans the Fairness Doctrine. • What do you think? What FCC Broadband Plan FCC Test 10 Monday Test 19 April 2010 ...
View Full Document

{[ snackBarMessage ]}

Ask a homework question - tutors are online