Telecom Reg: Content Control & Cable
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Children's Programming

Children’s TV Act 1990

Commercial limits on children’s programs

6 min. weekdays

5 min. weekends

Limits are per 1/2 hour

 

Children’s TV Act 1990

Required separation between programs & commercials

Banned program-length commercials

 

Children’s TV Act 1990

B/casters must serve informational & educational needs of children

3 hrs. a week minimum

Regulation of Violence

V-Chip Law

Develop ratings syst. w/in one year (by Feb. ‘97)

FCC has to ratify system

Sets 13" or larger

 

Age-Based Ratings System

TV Y

TV Y 7

TV G

TV 14

TV M

 

HBO Content Ratings

AL - Adult Lang.

GL - Graphic Lang.

MV - Mild Violence

V - Violence GV - Graphic V.

 

HBO Content Ratings

N - Nudity BN - Brief N.

AC - Adult Content

RP - Rape

SC - Strong Sexual Content

 

Regulation of Violence

News & sports will not be rated

Not clear if cartoons will be

 

TV Violence

Is violence always bad?

"Happy violence" is the problem

 

TV Violence

What’s happy violence?

Violence that is cool, painless & shows no consequences

Designed to enterain audiene

 

Television Violence Study

57% of all programs have violence

47% of violent acts on TV showed no harm to victims

 

Television Violence Study

73% of the time perpetrator of violent act went unpunished

 

 

Section 315

Equal opportunity

Equal opportunity not equal time

Applies to ALL political candidates

 

Exceptions to Section 315

Bona fide newscasts

Debates

On the spot coverage of bona fide news events (i.e. press conference)

 

Anti-Censorship

Under 315 a candidates’ ads cannot be censored

Includes ads that are highly offensive (i.e. abortion)

 

Reasonable Access

Section 312 (a)(7)

Applies to federal candidates only

Stations must try to accommodate all requests

 

Section 315 (b)(1)

Lowest Unit Charge

Advertising discounts for candidates

 

Lowest Unit Charge

Applies 45 days prior to primary/runoff election

60 days prior to genera/special election.

 

Fairness and Red Lion

Red Lion case

1964, WGCB-Red Lion, PA

Rev. Billy James Hargis attacked author Fred J. Cook

Cook wanted to reply…Station refused

FCC ordered station to let Cook reply

Station appealed citing the Fairness Doctrine (p. 210) unconstitutional

Appeals court ruled against WGCB

Station appeled again

Fairness and Red Lion

Personal Attack and Political Editorial rules (aspects of Fairness)

Had been adopted by FCC

RTNDA challenged rules

Chicago appeals court declared rules and Fairness unconstitutional

FCC appealed to Supreme Court

Fairness and Red Lion

Red Lion v. FCC (1969)

Supreme Ct. consolidate both cases

Ruled: Fairness Doctrine unconstitutional

Decision based on scarcity rationale

Gov’t, therefore, could restrict broadcasters F.A. rights

Fairness Doctrine

Required b/casters

To cover controversial issues

To afford reasonable opportunity for discussion of constrasting points of view on a controversial issue of public importance

Abolished in 1987, but...

 

Fairness Doctrine

Two rules that came out of the F.D. are still in effect

 

Political Editorialization

B/caster must offer opportunity to respond

Free of charge

Within 24 hours of editorial

Personal Attack Rule

B/casters must offer reply time to anyone whose honesty, or character, has been attacked during discussion of controversial issue.

Personal Attack Rule

Notify person w/in 7 days of b/cast

Provide transcript/copy attack

Offer opportunity to respond w/out charge

Cable

Who licenses cable?

 

Cable & Local Gov’t

No content regulation

FCC sets rates

Cable Co. pays city 5% fee

 

Cable

Must carry

 

Cable Act of 1992

Must carry; or

Retransmission consent

1/3 capacity for must carry

 

Must Carry Rules

Rules have been challenged

Supreme Court heard case in October

© B.L. Yates 2001