Broadcast Regulation

Introduction

Broadcast regulation governs the licensing and operation of radio and television stations in the United States. The Federal Communications Commission (FCC) , created by the Communications Act of 1934, regulates broadcast spectrum use, licensing, content, and ownership. Broadcast regulation is based on the scarcity of the electromagnetic spectrum, which justifies greater government regulation of broadcasters than of print or digital media.

FCC Licensing

The FCC licenses broadcast stations to use the public airwaves. Licenses are granted for renewable eight-year terms. The FCC must determine that a license application serves the public interest, convenience, and necessity. The public interest standard has been interpreted to require that broadcasters serve the needs of their communities.

The FCC conducts a comparative hearing process when multiple applicants seek the same license. The FCC considers the applicant’s technical qualifications, financial capabilities, and proposed programming. The FCC also reviews license renewal applications to determine whether the licensee has served the public interest.

Indecency Regulation

The FCC regulates broadcast indecency —language or material that depicts sexual or excretory organs or activities in a patently offensive manner. The Supreme Court in FCC v. Pacifica Foundation (1978) upheld the FCC’s authority to regulate indecent broadcasts, holding that broadcast media have a pervasive presence and are uniquely accessible to children.

The FCC prohibits indecent material from being broadcast between 6 a.m. and 10 p.m., when children are likely to be in the audience. The FCC’s indecency enforcement has been controversial, particularly following the Janet Jackson Super Bowl incident, and the FCC has issued significant fines for indecency violations.

The Equal Time Rule

Section 315 of the Communications Act requires that broadcasters provide equal opportunities for legally qualified candidates for public office. If a station permits one candidate to use its facilities, it must afford equal opportunities to other candidates for the same office.

The equal time rule does not apply to news programs, news interviews, documentaries, or incidental coverage of political events. The rule ensures that candidates have fair access to broadcast media.

The Fairness Doctrine

The Fairness Doctrine, which required broadcasters to present controversial issues of public importance in a balanced manner, was eliminated by the FCC in 1987. The doctrine had required broadcasters to devote reasonable coverage to controversial issues and to provide reasonable opportunities for opposing viewpoints.

The fairness doctrine was challenged as a violation of broadcasters’ First Amendment rights. The FCC concluded that the doctrine chilled speech and was no longer necessary given the increased number of media outlets.

Media Ownership Rules

The FCC’s media ownership rules limit the number of broadcast stations a single entity may own in a market. The rules are designed to promote competition, localism, and diversity of viewpoints. The FCC has relaxed ownership restrictions over time, allowing greater consolidation of media ownership.

Conclusion

Broadcast regulation is based on the scarcity of the electromagnetic spectrum and the public interest standard. The FCC’s licensing, indecency regulation, political broadcasting rules, and ownership restrictions have shaped the development of American broadcasting. The regulation of broadcast media continues to evolve in response to technological change and the emergence of new media platforms.