Regulation of radio broadcast in the United States

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Radio regulation in the United States was enforced to eliminate different stations from broadcasting on each other's airwaves. Regulated by the Federal Communications Commission, standardization was encouraged by the chronological and economic advances experienced by the United States of America. Commenced in 1910, before the Communications Act of 1934 was passed, the Federal Radio Commission was the first organization established to control the functioning of radio as a whole through the Commerce Clause. Airwaves run across interstate and international waters, leading to some form of regulation. As years progressed, deregulation was strongly encouraged to provide a little independence from the government.

Radio wave type of electromagnetic radiation

Radio waves are a type of electromagnetic radiation with wavelengths in the electromagnetic spectrum longer than infrared light. Radio waves have frequencies as high as 300 gigahertz (GHz) to as low as 30 hertz (Hz). At 300 GHz, the corresponding wavelength is 1 mm, and at 30 Hz is 10,000 km. Like all other electromagnetic waves, radio waves travel at the speed of light. They are generated by electric charges undergoing acceleration, such as time varying electric currents. Naturally occurring radio waves are emitted by lightning and astronomical objects.

Federal Communications Commission independent agency of the United States government

The Federal Communications Commission (FCC) is an independent agency of the United States government created by statute to regulate interstate communications by radio, television, wire, satellite, and cable. The FCC serves the public in the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security.

Contents

History

Technology was the driving force in encouraging regulation of broadcast. "The physical limitation on the airwaves or electromagnetic spectrum restricts the number of stations". [1] Regulation of radio was set in motion in 1910 when the US Congress felt legislation was needed over the infant wireless communication industry. [2] First regulated by an independent commission, radio grew exponentially during the 1920s and encouraged the development of broadcasting. [2] As a result, the Radio Act of 1927 was passed. [2] The act's passage was a result of the unrestricted utilization of wireless telegraph and telephone use. [1] The usage impeded upon public and private message transmission, especially vessels in distress. [1] The implementation of the act generated an independent commission, the Federal Radio Commission, to determine regulatory policy for broadcasting in the United States. [2] Designed to be short-term, the act was renewed every year until 1934. [3]

Seven years later, the Communications Act of 1934 was passed and expanded the powers of the agency by introducing the Federal Communications Commission (FCC) as the permanent body to determine regulatory policy of radio and television in the United States, subject to Congressional oversight. [2] Replacing the Federal Radio Commission, the FCC not only regulates radio and television broadcasting under the authority of Federal law, but telephone, telegraph, and cable television. [1] A guideline included in the Communications Act, the Fairness Doctrine, was created to enforce restrictions on radio and television broadcasting until 1987. [3] It was instituted to provide a platform for equal coverage of public issues. [3] During the past 90 years, radio regulation has varied tremendously. In the beginning, the Department of Commerce providing minute oversight and eventually the FCC enforced harsher restrictions. [2] It wasn't until the beginning of the 1980s that the FCC began to adopt less callous regulatory policies on broadcasters, replacing explicit requirements with market based competition. [2]

Communications Act of 1934 US 1934 Act of Congress

The Communications Act of 1934 is a United States federal law signed by President Franklin D. Roosevelt on June 19, 1934 and codified as Chapter 5 of Title 47 of the United States Code, 47 U.S.C. § 151 et seq. The Act replaced the Federal Radio Commission with the Federal Communications Commission (FCC). It also transferred regulation of interstate telephone services from the Interstate Commerce Commission to the FCC.

The Commerce Clause played a huge factor in the regulation of radio. Assigned to Congress by the U.S. Constitution, the clause was implemented to regulate interstate and foreign commerce. [2] Congress has influence over the number, location, and activities of stations all over the country. [4] Early radio stations served as basic communication systems, transmitters of messages that were meant to facilitate commerce and protect the health and well being of U.S. Citizens. [2] Ships with more than 60 passengers were required to have transmitting equipment. [2]

The Commerce Clause describes an enumerated power listed in the United States Constitution. The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause.

Title 47 is the bible of radio broadcasting. It regulates all radio communication; from how antennas are constructed to rights afforded broadcast employees and customers with disabilities. Regulations can also list out station classifications that determine what frequencies stations broadcast on and how much power a station can use in its broadcasts. [5] Title 47 is extremely diverse in what it controls. Radio broadcasts consist of amplitude modulation (AM) and frequency modulation (FM) stations, noncommercial radio stations, and low-powered broadcast stations, to name a few, all are administrated by the policies in Title 47 of the Code of Federal Regulations. [5] Maintained and published by the Government Printing Office (GPO), all rules can be found in the Federal Register. [6]

Amplitude modulation in amplitude modulation, the amplitude (signal strength) of the carrier wave is varied in proportion to the waveform being transmitted

Amplitude modulation (AM) is a modulation technique used in electronic communication, most commonly for transmitting information via a radio carrier wave. In amplitude modulation, the amplitude of the carrier wave is varied in proportion to that of the message signal being transmitted. The message signal is, for example, a function of the sound to be reproduced by a loudspeaker, or the light intensity of pixels of a television screen. This technique contrasts with frequency modulation, in which the frequency of the carrier signal is varied, and phase modulation, in which its phase is varied.

Frequency modulation encoding of information in a carrier wave by varying the instantaneous frequency of the wave

In telecommunications and signal processing, frequency modulation (FM) is the encoding of information in a carrier wave by varying the instantaneous frequency of the wave.

The Code of Federal Regulations, Telecommunications, containing the U.S. federal regulations for telecommunications can be found under Title 47 of the United States Code of Federal Regulations.

Deregulation

A tremendous amount of effort was showcased to regulate radio in a way that benefited everyone. The most significant and controversial events occurred between 1975 and 1995. [3] The deregulation endeavors were very contentious. Many[ who? ] felt that the deregulation of radio would by and large diminish supply of informational programming and end equal coverage of public issues. [3] Commenced in 1981, the deregulation of AM and FM radio content control was orchestrated by the Carter Federal Communications Commission. [3] It was the Reagan FCC that abolished the fairness doctrine in 1987. [3] Dramatic changes occurred in the radio markets. A significant revision was an increase in volume of informational programming. [3] It provided evidence that the possibility of regulation can encourage a "chilling effect" on free speech. [3] Known as the Deregulation of Radio, many felt regulation was being outrageously abused by politicians and special interest groups and discouraging support for content regulation of both radio and television. [3] It was the Carter administration that encouraged the FCC to reverse their position on broadcast radio. [3] The administration advocated for more dependence on marketplace forces and less in content control. [3] According to "Chilling the Internet? Lessons from FCC Regulation of Radio Broadcasting" the Deregulation of Radio consisted of:

In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. The right that is most often described as being suppressed by a chilling effect is the US constitutional right to free speech. A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill. A lawsuit initiated specifically for the purpose of creating a chilling effect may be called a Strategic Lawsuit Against Public Participation ("SLAPP").

Although it influenced a substantial change, the deregulation of radio had no effect on the Fairness Doctrine. [3] It wasn't until 1984 that the FCC began to look at the content of the Fairness Doctrine to question the effectiveness and constitutionality of the policy. [3]

In the past two decades,[ when? ] there have been three significant events in regard to regulating radio. First, taken as a whole, there was a rapid growth in radio stations. Most of the expansion came from FM radio. This was as a result of public policy and market demand. [3] Another noteworthy event was the deregulation of radio in 1981. Lastly, another momentous event that occurred through radio regulation was the abolition of the Fairness Doctrine in August 1987. [3]

Evolution of federal policy decisions

In 1969, the Red Lion Broadcasting Company argued that the FCC had violated their constitutional rights through the First Amendment. [7] The broadcasting company argued that a rule that was implemented by the FCC, "requiring a person or group whose character, honesty or integrity is attacked on the Plaintiff's (Red Lion) broadcast be given the opportunity to respond to the attack is unconstitutional". [7] The Supreme Court upheld the Fairness Doctrine in its final decision. [8] After the conclusion of the case, the FCC initialized a rule-making proceeding to make any personal attacks to the Fairness Doctrine more clear cut and easily enforceable. [9] Around 1973, broadcasting company Columbia Broadcasting System went to court to contest the Democratic National Committee about abusing their First Amendment right. The Supreme Court decided that "a broadcast licensee's general policy of not selling advertising time to groups or individuals wishing to speak on issues they consider important" doesn't infringe upon the Communications Act of 1934 or their First Amendment. [1]

Related Research Articles

Federal Radio Commission

The Federal Radio Commission (FRC) was a government agency that regulated United States radio communication from its creation in 1927 until 1934, when it was succeeded by the Federal Communications Commission (FCC). The FRC was established by the Radio Act of 1927, which replaced the Radio Act of 1912, after the earlier law was found to lack sufficient oversight provisions, especially for regulating broadcasting stations. In addition to increased regulatory powers, the FRC introduced the standard that, in order to receive a license, a radio station had to be shown to be "in the public interest, convenience, or necessity".

Telecommunications Act of 1996 US 1996 Act of Congress

The Telecommunications Act of 1996 was the first significant overhaul of telecommunications law in more than sixty years, amending the Communications Act of 1934. The Act, signed by President Bill Clinton, represented a major change in American telecommunication law, since it was the first time that the Internet was included in broadcasting and spectrum allotment.

Low-power broadcasting Type of broadcasting station

Low-power broadcasting refers to a broadcast station operating at a low electrical power to a smaller service area than "full power" stations within the same region, but often distinguished from "micropower broadcasting" and broadcast translators. LPAM, LPFM and LPTV are in various levels of use across the world, varying widely based on the laws and their enforcement.

Seven dirty words George Carlins list of "Seven Words You Can Never Say on Television" or "Filthy Words"

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

The fairness doctrine of the United States Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a manner that was—in the FCC's view—honest, equitable, and balanced. The FCC eliminated the policy in 1987 and removed the rule that implemented the policy from the Federal Register in August 2011.

A broadcast license is a type of spectrum license granting the licensee permission to use a portion of the radio frequency spectrum in a given geographical area for broadcasting purposes. The licenses generally include restrictions, which vary from band to band.

Cable Communications Policy Act of 1984

The Cable Communications Policy Act of 1984 was an act of Congress passed on October 30, 1984 to promote competition and deregulate the cable television industry. The act established a national policy for the regulation of cable television communications by federal, state, and local authorities. Conservative Senator Barry Goldwater of Arizona wrote and supported the act, which amended the Communications Act of 1934 with the insertion of "Title VI—Cable Communications". After more than three years of debate, six provisions were enacted to represent the intricate compromise between cable operators and municipalities.

Broadcast 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.

Red Lion Broadcasting Co. v. Federal Communications Commission, 395 U.S. 367 (1969), upheld the equal time provisions of the Fairness Doctrine, ruling that it was "the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences". However, it strongly suggested that broadcast radio stations are First Amendment speakers whose editorial speech is protected. In upholding the Fairness Doctrine, the Court based its rationale partly on a scarce radio spectrum.

Turner Broadcasting v. Federal Communications Commission, 512 U.S. 622 (1994), is the first of two United States Supreme Court cases dealing with the must-carry rules imposed on cable television companies. Turner Broadcasting v. Federal Communications Commission (II), 520 U.S. 180 (1997) was the second. Turner I established that cable television companies were indeed First Amendment speakers but didn't decide whether the federal regulation of their speech infringed upon their speech rights. In Turner II the court decided that the must-carry provisions were constitutional. Under the Miami Herald v. Tornillo case, it was unconstitutional to force a newspaper to run a story the editors would not have included absent a government statute because it was compelled speech which could not pass the strict scrutiny of a compelling state interest being achieved with the least restrictive means necessary to achieve the state interest. However, under the rule of Red Lion Broadcasting Co. v. FCC the High Court held that a federal agency could regulate broadcast stations with far greater discretion. In order for federal agency regulation of broadcast media to pass constitutional muster, it need only serve an important state interest and need not narrowly tailor its regulation to the least restrictive means.

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Communications law refers to the regulation of electronic communications by wire or radio. It encompasses regulations governing broadcasting, telephone and telecommunications service, cable television, satellite communications, wireless telecommunications, and the Internet.

The Mayflower doctrine was a mandate implemented by the Federal Communications Commission (FCC) that required radio broadcasters to "provide full and equal opportunity for the presentation to the public all sides of public issues". It was the predecessor of the fairness doctrine in force 1949–1987. The FCC believed that broadcasters had a duty to the public because of their position as gatekeepers of the news and that a democratic society there should be maximum opportunity to express diverse viewpoints on controversial issues and equally important maximum opportunity to hear and read the conflicting view of others.

The Davis Amendment was a provision attached to the March 28, 1928 reauthorization of the Radio Act of 1927, which mandated an "equality of radio broadcasting service" within the United States. It specified an "equitable allocation" among five regional zones, in addition to assignments proportional to population among the states within each zone. Its implementation resulted in the development of a complicated quota system by the Federal Radio Commission, and although its provisions were carried over to the Federal Communications Commission by the Communications Act of 1934, it ultimately proved impractical, and was repealed on June 5, 1936.

The Zapple doctrine was part of a specific provision of the fairness doctrine, an FCC policy which required broadcasters to present multiple viewpoints about controversial issues of public importance. The fairness doctrine of 1949 allowed station licensees to editorialize, provided that more than one perspective was included in their overall programming. This was a departure from prior policy under the Mayflower doctrine, which did not allow any editorial content.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 "The Broadcasting Fairness Doctrine". Congressional Digest: 227,228,256. October 1987.
  2. 1 2 3 4 5 6 7 8 9 10 Messere, Fritz. "Encyclopedia of Radio Regulation" (PDF). Retrieved 24 March 2013.
  3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Hazlett, Thomas; Sosa, David (19 March 1997). "Chilling The Internet? Lessons from FCC Regulation of Radio Broadcasting". The Cato Institute. Retrieved 24 March 2013.
  4. ↑ "Television". US Legal, Inc. Retrieved 24 March 2013.
  5. 1 2 "Radio Regulation". US Legal, Inc. Retrieved 24 March 2013.
  6. ↑ "FCC Encyclopedia: Rules & Regulations for Title 47". Federal Communications Commission. Retrieved 24 March 2013.
  7. 1 2 "Red Lion Broadcasting Co. v. FCC". CaseBriefs LLC. Retrieved 24 March 2013.
  8. ↑ "The Fairness Doctrine and Claims of Systematic Imbalance in Television News Broadcasting: American Security Council Education Foundation v. FCC". Harvard Law Review: 1028–1038. 1980.
  9. ↑ Tedford, Thomas; Herbeck, Dale (2009). "Red Lion Broadcasting Co., Inc.v. Federal Communications Commission". Strata Publishing, Inc. Retrieved 24 March 2013.
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