Chapter 9 – The FCC and Broadcast Licensing

The range of naturally occurring ELECTROMAGNETIC WAVES that can be used for broadcasting.

Technical - Applicants must show that they CAN AND WILL COMPLY with FCC technical requirements (such as transmission facilities).
Financial - Applicants must have ADEQUATE FINANCIAL CAPITAL to support their proposals (usually the ability to operate several months with little or no advertising revenue).
Character - Applicants must be of GOOD CHARACTER, demonstrated by a lack of serious legal violations in one's past.
Citizenship/ownership - Applicants must be U.S. citizens and their applications consistent with U.S. ownership rules.

The TRANSMISSION of radio or television signals, via the public airwaves, for intended reception by a mass audience.

1) Allow private enterprise to treat the spectrum as a COMMODITY (something that could be owned) and let companies settle disputes in the courts.

2) Take control of the entire spectrum and CREATE A GOVERNMENT OWNED RADIO service, possibly with a limited number of stations.

3) Allow PRIVATE OPERATION of radio stations but with GOVERNMENT RESPONSIBILITY for frequency allocations and general oversight (in the public interest).

The government opted for the third option.
Congress created the Federal Radio Commission.

1)The radio spectrum was treated as though it were a scarce NATURAL RESOURCE, like a waterway, that COULD NOT BE OWNED.

2) The FRC ASSIGNED FREQUENCIES, operating HOURS and TRANSMITTING power levels.

In Los Angeles the Reverend Bob Shuler had been granted a broadcast license in the name of his Trinity Methodist Church. Schuler was a rigid moralist who took it upon himself to wage war against the vice and corruption that existed in the city during the Prohibition era. Schuler used his show to make ruthless attacks on government officials and other individuals and groups.

He charged that the mayor was letting a gangster run the city, that the police chief was protecting organized crime, and that the district attorney took bribes. Shuler also made disparaging statements about Jews and the Catholic Church.

When it came time for Shuler to renew his license the Federal Radio Commission decided not to renew the license, and it ordered Shuler off the air immediately.

The basis for the decision was that Shuler's broadcasts were sensationalized and factually reckless attacks and therefore were not in the public interest.

The federal Court of Appeals upheld the commission, holding that the agency WAS WITHIN ITS RIGHTS to pull the license in an effort to PREVENT ABUSIVE, DEFAMATORY BROADCASTS in the future.

Shuler made his comments on the radio and Near made his defamatory comments in a newspaper.

The primary legal justification for broadcast regulation, based on the fact that the radio spectrum is LIMITED and CANNOT ACCOMMODATE ALL who might wish to be broadcasters.

the initial case was NBC vs. United States Supreme Court case from 1943.The FCC was empowered to deal with any impediments to effective use of the radio spectrum and the constitution would not stand in the way. NO FREEDOM OF SPEECH!

In civil procedure, exclusive jurisdiction exists where ONE COURT HAS THE POWER TO ADJUDICATE A CASE to the exclusion of all other courts.

It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.

This law replaced the Federal Radio Act. The Communications Act established the Federal Communications Commission.

The act specifically states that the FCC is NOT GRANTED THE RIGHT OF CENSORSHIP.

The act also states that the FCC shall carry out its work "as public convenience, interest, or necessity requires."

The act established exclusive federal jurisdiction over
broadcast regulation.

The FCC is headed by five commissioners, appointed for five-year terms by the president and confirmed by the Senate.

No more than three commissioners may be from any one political party, and the president designates one commissioner to serve as chairperson.

The commissioners are ultimately responsible for policy making and for adjudicating disputes-within the statutory confines set by Congress and the constitutional limitations defined by the courts.

The FCC employs a large staff, organized by function into six bureaus and ten staff offices.

Most important for our purposes are the Media Bureau, which handles broadcast licensing, and regulation, and the Enforcement Bureau, which prosecutes complaints.

Assignment of frequencies, setting station operating times, to dictating standards for transmission apparatus.

In recent years the FCC has even flexed its authority by enacting rules pertaining to stations' employment practices.

In addition to regulating radio and television broadcasting, the commission today is charged with regulating interstate and international communications by wire, satellite, and cable.

It was edited the process to have only 5 renewal questions that became the form called postcard renewal.

1. must be filed at the FCC 4 months before the expiration of the license.

2. station must have a series of announcements over the air, also beginning 6 months prior to expiration.

members of the public are free to register informal objections to the renewal or they may file a formal petition to deny the application.

All broadcast stations are typically licensed for a period of eight years.

If a station, for a period of 12 consecutive months, fails to broadcast a signal during its license period, the license will expire at the end of the 12 month period.

This involves WHICH PART OF THE SPECTRUM ARE SET ASIDE FOR SPECIFIC USES.

AM radio, FM radio, VHF TV, UHF TV, police and fire communications, satellite communications, citizens band
radio, etc.

The FCC does NOT allocate spectrum used by government agencies such as the military; those allocations are made by the National Telecommunications and Information Administration (NTIA).

This determines HOW MANY CHANNELS WILL BE AVAILABLE within each usage area.

The FCC's big challenge with this is making as many channels available as possible while preventing interference from other signals.

The governmental process of AWARDING THE USE OF A PARTICULAR BROADCAST FREQUENCY TO A PARTICULAR APPLICANT.

The FCC had adopted several so-called called broadcasting regulations, intended to combat what it deemed abuses in the relationships between radio networks and affiliate radio stations.

1. prohibited networks from demanding that affiliates air programming from no other source.

2. prohibited a network from committing its programming to just one station in a region.

3. prohibited contract clauses that limited affiliates ability to reject network programming.

These along with others were deemed necessary to protect the "public interest" as the FCC is required to do under the Communications Act of 1934.The radio networks challenged the rules as unconstitutionally arbitrary and capricious and beyond the licensing powers conferred on the FCC. The Supreme Court began its analysis by noting that " the radio spectrum simply is not large enough to accommodate everybody"

The case ESTABLISHED SPECTRUM SCARCITY as the basis for two fairness doctrine-based content regulations:

the Political Editorial Rule, and
the Personal Attack Rule. Require broadcasters to provide air time for certain individuals to respond to criticism.

In telecommunications, a point-to-point connection refers to a communications connection between two nodes or endpoints.

An example is a telephone call, in which one telephone is connected with one other, and what is said by one caller can only be heard by the other

First possibility was to commandeer the airwaves and create an entirely public system in which all broadcast stations were owned and operated by the government.

Second possibility was to simply let the private marketplace evolve on its own, with individual spectrum disputes resolved in the courts.

Third possibility was essentially halfway between the other two: Private ownership of broadcast stations would be allowed, but only in accord with a government allocation process.

Gave CONGRESS RIGHT TO ENACT BROADCAST REGULATIONS, and in turn to delegate authority to the FCC.

An FCC rule that required, among other things, that BROADCASTERS PROVIDE CONTRASTING VIEWPOINTS on public issues.

The main provisions of the doctrine were abandoned by the FCC in 1987.

held 5-4, that granting a preference to license applicants who are racial minorities DOES NOT violate the Fifth Amendment's guarantee of due process and equal treatment by government.

This case concerned a Colorado preferential policy for minority contracting firms. But the case is significant because the COURT OVERRULED the standard used to decide Metro Broadcasting, thus calling into question once again the constitutionality of the FCC's minority ownership preference.

In order for the minority ownership preference to apply, the applicant had to belong to a racial minority group and had to actively participate in station management.

The justification behind this policy was a finding by the FCC that view of racial minorities were inadequately represented in the broadcast media, that greater representation of minority viewpoints would enrich the audience, and that promoting hands-on minority ownership would help accomplish the desired diversity in programming.

a percentage discount applied to high bid amount if bidder meets designated entity criteria established in broadcast auction rules

a STUDY OF NEEDS & ISSUES OF A COMMUNITY, formerly required of applicants for FCC broadcast licenses

The FCC issues a notice of violation before holding formal proceedings to revoke or suspend a license or giving a formal sanction; if a fine could be assessed, the FCC also may issue a Notice of Apparent Liability to Monetary Forfeiture (the licensee has ten days to answer).

An administrative law judge hears the case, an appeal may be heard; the final disposition is printed in the FCC Record.

Congress extended license terms to a MAXIMUM of 8 YEARS for both television and radio.

The rules prohibit discrimination in hiring, but in addition they require these media to take formal, proactive steps to ensure that women and members of minority groups have a fair chance of being employed.

Even though the Constitution guarantees freedom of the press, the government does regulate some media.

Print media are largely unregulated, and newspapers and magazines can print nearly anything as long as they don't slander anyone. The Internet has also gone largely unregulated, despite congressional efforts to restrict some controversial content.

Broadcast media, however, are subject to the most government regulation. Radio and television broadcasters MUST OBTAIN A LICENSE from the government because, according to American law, the PUBLIC OWNS THE AIRWAVES.

The Federal Communications Commission (FCC) issues these licenses and is in charge of regulating the airwaves.

The Communications Act ESTABLISHED THE FCC (Federal Communications Commission).

The act specifically states that the FCC is not granted the right of censorship.

The act also states that the FCC shall carry out its work "as public convenience, interest, or necessity requires."

The act established exclusive federal jurisdiction over broadcast regulation.

...it could possibly be in the fairy tale portion of the FCC that's no where in the book or PowerPoint.

...I'm not even sure if this exist anywhere but if the question does come up google suggested Spectrum so at this point its worth a try 😉

Historically, the preference generally given to current broadcast licensees at license renewal time against a newcomer trying to wrest the frequency away.