Pervasiveness doctrine

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In broadcast law (particularly within U.S. law), the pervasiveness doctrine is the doctrine stating that media content of broadcasts is subject to regulation because broadcast radio waves are available to anyone and therefore "uniquely pervasive". In general, profanity and sex, or other adult material deemed "indecent" by a broadcasting authority, may not be broadcast outside of overnight "watershed" or "safe harbor" hours when children are unlikely to be awake. Material deemed "obscene" may still be prohibited at all times.

This doctrine has generally been held to apply only to the AM broadcast band (medium wave), FM broadcast band (VHF band II), and TV broadcast bands (VHF band I and band III, and UHF). [1] It does not apply to cable TV, cable radio, satellite TV, satellite radio, or other forms of electronic media, because although they also use publicly owned airwaves, these are subscription services which the listener or viewer must explicitly request, and are subject to conditional access, analog scrambling, or digital encryption. [2]

The origin of the name comes from the Federal Communications Commission's 1978 legal case against Pacifica Radio, when the U.S. Supreme Court used the term to justify the verdict against the broadcaster. [3] The Federal Communications Commission v. Pacifica Foundation case is considered a landmark for American broadcasters.

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<span class="mw-page-title-main">Very high frequency</span> Electromagnetic wave range of 30-300 MHz

Very high frequency (VHF) is the ITU designation for the range of radio frequency electromagnetic waves from 30 to 300 megahertz (MHz), with corresponding wavelengths of ten meters to one meter. Frequencies immediately below VHF are denoted high frequency (HF), and the next higher frequencies are known as ultra high frequency (UHF).

<span class="mw-page-title-main">Medium wave</span> Radio transmission using wavelengths 200-1000 m

Medium wave (MW) is the part of the medium frequency (MF) radio band used mainly for AM radio broadcasting. The spectrum provides about 120 channels with more limited sound quality than FM stations on the FM broadcast band. During the daytime, reception is usually limited to more local stations, though this is dependent on the signal conditions and quality of radio receiver used. Improved signal propagation at night allows the reception of much longer distance signals. This can cause increased interference because on most channels multiple transmitters operate simultaneously worldwide. In addition, amplitude modulation (AM) is often more prone to interference by various electronic devices, especially power supplies and computers. Strong transmitters cover larger areas than on the FM broadcast band but require more energy and longer antennas. Digital modes are possible but have not reached momentum yet.

<span class="mw-page-title-main">Ultra high frequency</span> Electromagnetic spectrum 300–3000 MHz

Ultra high frequency (UHF) is the ITU designation for radio frequencies in the range between 300 megahertz (MHz) and 3 gigahertz (GHz), also known as the decimetre band as the wavelengths range from one meter to one tenth of a meter. Radio waves with frequencies above the UHF band fall into the super-high frequency (SHF) or microwave frequency range. Lower frequency signals fall into the VHF or lower bands. UHF radio waves propagate mainly by line of sight; they are blocked by hills and large buildings although the transmission through building walls is strong enough for indoor reception. They are used for television broadcasting, cell phones, satellite communication including GPS, personal radio services including Wi-Fi and Bluetooth, walkie-talkies, cordless phones, satellite phones, and numerous other applications.

<span class="mw-page-title-main">Terrestrial television</span> Television content transmitted via signals in the air

Terrestrial television or over-the-air television (OTA) is a type of television broadcasting in which the signal transmission occurs via radio waves from the terrestrial (Earth-based) transmitter of a TV station to a TV receiver having an antenna. The term terrestrial is more common in Europe and Latin America, while in Canada and the United States it is called over-the-air or simply broadcast. This type of TV broadcast is distinguished from newer technologies, such as satellite television, in which the signal is transmitted to the receiver from an overhead satellite; cable television, in which the signal is carried to the receiver through a cable; and Internet Protocol television, in which the signal is received over an Internet stream or on a network utilizing the Internet Protocol. Terrestrial television stations broadcast on television channels with frequencies between about 52 and 600 MHz in the VHF and UHF bands. Since radio waves in these bands travel by line of sight, reception is generally limited by the visual horizon to distances of 64–97 kilometres (40–60 mi), although under better conditions and with tropospheric ducting, signals can sometimes be received hundreds of kilometers distant.

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<span class="mw-page-title-main">Seven dirty words</span> Words disallowed in U.S. radio and TV

The seven dirty words are seven English-language curse words that American comedian George Carlin first listed in his 1972 "Seven Words You Can Never Say on Television" monologue. The words, in the order Carlin listed them, are: "shit", "piss", "fuck", "cunt", "cocksucker", "motherfucker", and "tits".

Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978), was a landmark decision of the US Supreme Court that defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadcasting.

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Code of Federal Regulations, Title 47, Part 15 is an oft-quoted part of Federal Communications Commission (FCC) rules and regulations regarding unlicensed transmissions. It is a part of Title 47 of the Code of Federal Regulations (CFR), and regulates everything from spurious emissions to unlicensed low-power broadcasting. Nearly every electronics device sold inside the United States radiates unintentional emissions, and must be reviewed to comply with Part 15 before it can be advertised or sold in the US market.

<span class="mw-page-title-main">All-Channel Receiver Act</span> United States legislation

The All-Channel Receiver Act of 1962 (ACRA), commonly known as the All-Channels Act, was passed by the United States Congress in 1961, to allow the Federal Communications Commission to require that all television set manufacturers must include UHF tuners, so that new UHF-band TV stations could be received by the public. This was a problem at the time since most affiliated stations of the Big Three television networks were well-established on VHF, while many local-only stations on UHF were struggling for survival.

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<span class="mw-page-title-main">Television antenna</span> Antenna used with a television to receive television programs

A television antenna is an antenna specifically designed for use with a television receiver (TV) to receive over-the-air broadcast television signals from a television station. Television reception is dependent upon the antenna as well as the transmitter. Terrestrial television is broadcast on frequencies from about 47 to 250 MHz in the very high frequency (VHF) band, and 470 to 960 MHz in the ultra high frequency (UHF) band in different countries. Television antennas are manufactured in two different types: "indoor" antennas, to be located on top of or next to the television set, and "outdoor" antennas, mounted on a mast on top of the owner's house. They can also be mounted in a loft or attic, where the dry conditions and increased elevation are advantageous for reception and antenna longevity. Outdoor antennas are more expensive and difficult to install, but are necessary for adequate reception in fringe areas far from television stations. The most common types of indoor antennas are the dipole and loop antennas, and for outdoor antennas the Yagi, log periodic, and for UHF channels the multi-bay reflective array antenna.

A television station is a set of equipment managed by a business, organisation or other entity such as an amateur television (ATV) operator, that transmits video content and audio content via radio waves directly from a transmitter on the earth's surface to any number of tuned receivers simultaneously.

<span class="mw-page-title-main">Broadcast law</span> Statutory law

Broadcast law and Electricity law is the field of law that pertains to broadcasting. These laws and regulations pertain to radio stations and TV stations, and are also considered to include closely related services like cable TV and cable radio, as well as satellite TV and satellite radio. Likewise, it also extends to broadcast networks.

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<span class="mw-page-title-main">Radio</span> Technology of using radio waves to carry information

Radio is the technology of signaling and communicating using radio waves. Radio waves are electromagnetic waves of frequency between 3 hertz (Hz) and 300 gigahertz (GHz). They are generated by an electronic device called a transmitter connected to an antenna which radiates the waves, and received by another antenna connected to a radio receiver. Radio is widely used in modern technology, in radio communication, radar, radio navigation, remote control, remote sensing, and other applications.

The digital transition in the United States was the switchover from analog to exclusively digital broadcasting of terrestrial television programming. According to David Rehr, then president and CEO of the National Association of Broadcasters, this transition represented "the most significant advancement of television technology since color TV was introduced." For full-power TV stations, the transition went into effect on June 12, 2009, with stations ending regular programming on their analog signals no later than 11:59 p.m. local time that day.

Actionable indecency is a legal doctrine held by the Federal Communications Commission since the 1978 FCC vs. Pacifica case, that broadcast speech can be regulated even if it does not contain the seven dirty words deemed "indecent".

References

  1. Stanberry, Kurt (July 2007). Legal Environment of Business, 2001-2002. McGraw-Hill Higher Education. pp. 43–46. ISBN   978-0-07-240434-0.
  2. The Bracton Law Journal. Bracton Law Society. 1998. p. 26.
  3. "Electronic Law Journals - JILT 1997 (3) - Wallace". warwick.ac.uk. Retrieved 2022-12-07.