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

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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 ...
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