Ch 10: Electronic Media Regulation

Topic Overview
This chapter covers electronic media regulation, across a variety of platforms, including mediums such as the Internet. Electronic media, specifically radio and TV must comply with regulations not applicable to print. Throughout history as new technological developments further media, new regulations must be implemented as the law attempts to keep up. 

Defining Key Terms
Electronic Media: Refers to broadcast and newer forms of media that utilize electronic technology or the digital encoding of information to distribute news and entertainment. Even though many newspapers are now distributed via the Internet, they are not considered electronic media because historically they have been in print form. 

Federal Communications Commission (FCC): An independent U.S. government agency, directly responsible to Congress, charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. The Communications Act of 1934 established the FCC; its jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions. 

Federal Radio Commission (FRC): A federal agency established by the Federal Radio Act in 1927 to oversee radio broadcasting. The Federal Communications Commission succeeded the FRC in 1934. 

Notice of Proposed Rulemaking: A notice issued by the FCC announcing that the commission is considering changing certain of its regulations or adopting new rules. 

Broadcasting: Defined by the Communications Act of 1934 as use of the electronic spectrum to send signals to many listeners and viewers simultaneously. 

Lowest Unit Rate: The maximum rate a broadcaster or cable system may charge a politician for advertising time during the 45 days before primary elections and the 60 days before general elections. 

PEG access channels: Channels that cable systems set aside for public, educational, and government use. 

Net Neutrality: The principle that holds that ISPs cannot charge content providers to speed up the delivery of their goods - all Internet traffic is treated equally. 

Important Cases
Red Lion Broadcasting Co. Inc. v. Federal Communications Commission (1969): Ruled unanimously in favor of the FCC, asserting that the Fairness Doctrine was consistent with the First Amendment. 

Turner Broadcasting System Inc. v. Federal Communication Commission (1994): The court ruled that the must carry provisions were content neutral, ergo not a violation of the First Amendment. This case established that cable television companies were First Amendment speakers. 

Relevant Doctrine
Fairness Doctrine - television and radio stations had to:

• 1. Air programs discussing public issues and 
• 2. Include a variety of views about controversial issues of public importance. 

Retransmission Consent: Part of the federal cable television law allowing broadcast television stations to negotiate. 

Spectrum Scarcity: The limitation that arises because only a certain number of broadcast radio and television stations in a geographical area may use the spectrum without causing interference. Spectrum scarcity is the primary reason courts allow Congress and the Federal Communications Commission to regulate broadcasters. 

Zapple Rule: A political broadcasting rule that allows a candidate's supporters equal opportunity to use broadcast stations if the candidate's opponent's supporters use the stations. 

Nonpublication Rules: FCC regulations requiring cable systems not to carry certain programming that is available through local broadcast stations. 

Open Internet Order (2015) - Bans three practices:

• Throttling: Broadband providers cannot impair or degrade Internet traffic on the basis of content, applications of services. 
• Paid Prioritization: No "fast lanes". Put another way, broadband providers may not favor some traffic over other traffic, and they may not prioritize delivery of content and services by their affiliates. 
• Blocking: Broadband providers may not block access to legal content, applications or services. 

Current Issues or Controversies
Differing views on Net Neutrality and the Open Internet Order. It seems like this issue is predicated on two essentially opposing views of what the Internet should be. The opposing views remind me of positive and negative liberty. 

My Questions & Concerns
1. What is the difference between an independent U.S. government agency and a federal agency? FCC and FRC? Are they both government agencies? 
2. Will net neutrality hurt or help the Internet? 

References

Trager, R., Russomanno, J. & Ross, S.D. (2012), The law of journalism and mass communication. Thousand Oaks, CA: Sage Publications.