Fcc Essay Research Paper The 1st Amendment

Fcc Essay, Research Paper

The 1st Amendment forbids Congress from enacting laws that would regulate speech or press before publication or punish after publication. At various times many states passed laws in contradiction to the freedoms guaranteed in the 1st Amendment. However broadcast has always been considered a special exemption to free speech laws for two reasons. 1) the most important reasons is the scarcity of spectrum and the 2) is the persuasiveness of the medium. Because radio and TV come into the house, and may be heard or seen by unsupervised children, the government feels a special responsibility to protect the American people. As Herbert Hoover said to, “doublegaurd them.”

This is the main reason why the Federal Communications Commission (FCC) independent agency of the United States government was created in 1934. The function of the commission is to regulate interstate and foreign radio, television, wire, and cable communications. To provide for orderly development and operation of broadcasting services, to provide for rapid, efficient nationwide and worldwide telegraph and telephone service.

Individual radio and TV stations are responsible for selecting everything they broadcast. Stations are responsible for choosing their entertainment programming, as well as their programs concerning local issues, news, public affairs, religion, sports events, and other subjects. They also decide how their programs will be conducted and whether to edit or reschedule material for broadcasting.

In 1987, the FCC responded to public complaints by adopting measures to restrict the use of explicit language about sex and bodily functions from the broadcasting media. Station operators voluntarily adhere to a code, designed by the National Association of Broadcasters.

On February 8, 1996, United States President Bill Clinton signed into law the Telecommunications Act of 1996. This new law will change the rules for competition and regulation in the communications industry.

Some the rules and regulations that they do enforce are;

· Retention of Material Broadcast

· Station Identification

· Broadcasts by Candidates for Public Office.

· Political Editorials

· Children’s Television Programming.

· Commercial TV Airing / Amount of Advertising

· Obscenity and Indecency

· Broadcast Hoaxes

· Requirement to Maintain a Public Inspection File

Retention of Material Broadcast

The FCCC generally do not require stations to keep the material they broadcast except on the policy for personal attacks and political editorials.

Personal attacks occur when, during broadcast on a controversial issue, when someone attacks the honesty, character, or integrity of a person or group. The rule states that no more than a week after the personal attack. The station must send out the following three things to the person or group attacked: (1) notification of the date, time, and identification of the broadcast; (2) a tape, script or accurate summary of the attack; and (3) an offer of a reasonable opportunity to respond on the air.

Station Identification

Stations must make identification announcements when they sign on and off for the day. They must also make the announcements hourly, as close to the hour as possible, or at a natural programming break. Official station identification includes the station’s call letters followed by the community or communities specified in its license as the station’s location. Between the call letters and its community, the station may insert the name of the licensee, the stations channel number, and/or its frequency. The FCC does not allow any other insertion.

Broadcasts by Candidates for Public Office.

When a candidate for public office has been permitted to use a station, the Communications Act requires the station to “afford equal opportunities to all other such candidates for that office.” The Act also states that the station “shall have no power of censorship over the material broadcast” by the candidate. However the FCC does not consider either of the these two categories as a “use” that is covered by this rule:

· An appearance by a legally qualified candidate on a bona fide newscast, interview or documentary (if the appearance of the candidate is incidental to the presentation of the subject covered by the documentary); or

· on-the-spot coverage of a bona fide news event (including political conventions and related incidental activities).

Political Editorials

A political editorial is when a station endorses or opposes legally qualified candidates during a broadcast of its own opinion. Within 24 hours after the editorial, the station must send out the following three things to the other candidates running for the same office: (1) notification of the date and time of the editorial; (2) a script or tape of the editorial; and (3) an offer of a reasonable opportunity for the candidate or a spokesperson for the candidate to respond on the air.

Children’s Television Programming.

Every TV station must perform the educational and informational needs of children. Through its overall programming and through programming that is specifically designed to serve those needs.

· Educational and Informational. Is programming to b

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