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paigedeleeuw

The Public Interest Standard in Television Broadcasting | Benton Foundation - 2 views

shared by paigedeleeuw on 29 Oct 14 - No Cached
  • Federal oversight of all broadcasting has had two general goals: to foster the commercial development of the industry and to ensure that broadcasting serves the educational and informational needs of the American people.
  • Congress and the Federal Communications Commission (FCC) have sometimes concluded that the broadcast marketplace by itself is not adequately serving public needs. Accordingly, numerous efforts have been undertaken over the past 70 years to encourage or require programming or airtime to enhance the electoral process, governance, political discourse, local community affairs, and education. Some initiatives have sought to help underserved audience-constituencies such as children, minorities, and individuals with disabilities.
  • As competition in the telecommunications marketplace becomes more acute and as the competitive dynamics of TV broadcasting change, the capacities of the free marketplace to serve public ends are being tested as never before.
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  • A recurring challenge for Congress and the FCC has been how to reconcile the competitive commercial pressures of broadcasting with the needs of a democracy when the two seem to be in conflict. This struggle was at the heart of the controversy that led to enactment of the Radio Act of 1927 and the Communications Act of 1934.(1)
  • Under the antiquated Radio Act of 1912, the Secretary of Commerce and Labor was authorized to issue radio licenses to citizens on request.(2) Because broadcast spectrum was so plentiful relative to demand, it was not considered necessary to empower the Secretary to deny radio licenses.
  • ongress expanded the deregulatory approach of the 1980s with its enactment of the Telecommunications Act.(38) Among other things, the Act extended the length of television broadcast licenses from 5 years to 8 years(39) and instituted new license renewal procedures that made it more difficult for competitors to compete for an existing broadcast license.(40) The Telecommunications Act also lifted limits on the number of stations that a single company could own, a rule that historically was intended to promote greater diversity in programming.(41)
  • From the beginning, broadcast regulation in the public interest has sought to meet certain basic needs of American politics and culture, over and above what the marketplace may or may not provide. It has sought to cultivate a more informed citizenry, greater democratic dialogue, diversity of expression, a more educated population, and more robust, culturally inclusive communities.
  • why public interest obligations have been seen as vital to broadcast television—and why a marketplace conception of free speech may meet many, but not all, needs of American democracy.
  • Opportunity for local self-expression. The development and use of local talent. Programs for children. Religious programs. Educational programs. Public affairs programs. Editorialization by licensees. Political broadcasts. Agricultural programs. News programs. Weather and market services. Sports programs. Service to minority groups. Entertainment programming.
  • The 1934 Act, which continues to be the charter for broadcast television, ratified a fundamental compromise by adopting two related provisions: a ban on "common carrier" regulation (sought by broadcasters) and a general requirement that broadcast licensees operate in the "public interest, convenience and necessity" (supported by Congress and various civic, educational, and religious groups).(3) The phrase was given no particular definition; some considered it necessary for the Federal Government's licensing powers to be considered constitutional.(4)
  • If a broadcast licensee airs an editorial that either endorses or opposes a legally qualified candidate, the licensee must notify all other candidates for that particular office within 24 hours, provide them with a script or tape, and offer them a "reasonable opportunity to respond through the use of the licensee's broadcast facilities.
  • the chief legal vehicle for citizens to gain direct access to the airwaves -- or hear diverse viewpoints on controversial public issues -- was the Fairness Doctrine. The principles behind the Fairness Doctrine were first expressed in 1929 in guidelines issued by the FRC, with regard to Great Lakes Broadcasting Co.(50) That Commission statement affirmed the need for broadcasters to serve a diverse public with well- rounded programming.
  • the FCC held in the Mayflower ruling in 1941 that a broadcast station could never editorialize because it would flout the public interest mandate that all sides of a controversial issue be fairly presented. Licensees, the FCC said, must present "all sides of important public questions fairly, objectively and without bias."(51)
  • For decades, the Fairness Doctrine was seen as a primary feature of the public interest standard.
  • In 1963, the FCC formally articulated the principle that the presentation of only one side of an issue during a sponsored program (such as an attack on the proposed Nuclear Test Ban Treaty) required free airtime for opposing views -- a rule known as the Cullman Doctrine.(59) Cigarette advertising, and later, controversial advertising in general, also became subject to the Fairness Doctrine.(60) In 1967 the Commission formalized its "personal attack rule" and political editorial policies in specific and specialized rules.(61)
  • Localism was one reason why Congress enacted the 1962 "all-channel" law -- a law that required that all television receivers be capable of receiving both VHF and UHF signals. The idea, according to a House committee report, was to "permit all communities of appreciable size to have at least one television station as an outlet for local self-expression."(77) With varying degrees of success, the FCC has also sought to promote locally originated programming through the Prime Time Access Rule (a rule that once limited networks to 3 hours of programming during primetime, but has since been repealed) and through policy statements that mention local news and public affairs programming as inherent to the public interest stan- dard.(78)
  • The bond between broadcasters and their local communities was given a new and stronger dimension in the 1960s as a result of United Church of Christ v. FCC.(79) In 1964, after the station owner of WLBT in Jackson, Mississippi, aired a program urging racial segregation but refused to air the views of civil rights activists or even to meet with them, the United Church of Christ and others petitioned for legal standing to challenge the renewal of WLBT's broadcast license. A Circuit Court ruling in 1966 held that citizens have the right to participate in the FCC license renewal process.
  • A primary objective and benefit of our Nation's system of regulation of television broadcasting is the local origination of programming. There is a substantial governmental interest in ensuring its continuation.
  • the Supreme Court in Turner Broadcasting v. FCC recognized Congress's rationale and upheld the must-carry rules as consistent with the First Amendment
  • The Telecommunications Act of 1996 encouraged the television industry to develop a voluntary ratings system that allows parents to assess the suitability of programming for their children.
  • Congress has recognized the public interest in expanding captioning access through two key legislative acts. The Television Decoder Circuitry Act (TDCA), passed in 1990, requires all television sets with screens 13 inches or larger manufactured or imported into the United States after July 1, 1993, to display closed captions through a "decoder chip" built into the sets.
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    I think that if "broadcasters are meant to act as trustees for the public interest, then a corollary is that they must affirmatively present a wide diversity of perspectives." In my opinion, this is fantastic for all other means than politics. I think that both sides of an arguement should be presented publicly. I don't think that a Republican should just watch what the republican candidates are discussing but also look at the side of the Democrat to have a well-rounded political knowledge.
danielajallath

Booze Blues: Utah's Laws Make It Tricky To Get A Drink - 1 views

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    Interesting regulations on alcohol in Utah, which are part of Utah's public policy. Some of these are a bit ridiculous (in my opinion). This is another example of the blind relation between church and state. Legally, it is not linked. However, the policy makers apply their religious beliefs into the law. There is a clear relation between the state and the Mormon faith. There are certain rules like: restaurants or bars have to keep a curtain over the location of the alcohol...
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    Again, this is not a formal or scholastic article. However it gives a pretty good idea on the policy making system in Utah... PS: I need help finding articles that are more formal.
janicebi98

Who rules America? | TheHill - 0 views

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    This is an interesting topic. It challenged the role of American Public Policy.
charlito_love

Scott Walker wins Wisconsin recall election - 1 views

  • First-term Republican Gov. Scott Walker has survived the Wisconsin recall election, beating back a labor-backed effort to unseat him and again handing defeat to his Democratic challenger, 58-year-old Milwaukee Mayor Tom Barrett.
  • With 94 percent of the expected vote in, Walker led Barrett 54 percent to 45 percent.
  • the state remains divided
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  • the first governor in U.S. history to survive a recall election
  • the election is over, it's time to move Wisconsin forward."
  • bringing our state together will take some time, no doubt about it,
  • he planed to hold a meeting with the entire state legislature next week.
  • has doubled as a proxy fight over whether Republicans can push through spending cuts and confront organized labor - and live to tell about it.
  • I believe that in November voters across the country will demonstrate that they want the same in Washington, D.C.,
  • exit polls showed Barrett winning handily among union households, while Walker dominated among Tea Party voters. Walker also won by 9 points among independents. The polls showed Walker winning with men and those making more than $50,000, and Barrett winning among women and those making less than $50,000 per year.
  • candidates and outside groups spent in excess of $63 million on the recall election
  • Walker and his Republican allies spent $45.6 million on the race as of May 21, while Barrett and his allies have spent $17.9 million.
  • estimated 2.8 million people expected to cast ballots.
  • The Walker campaign said in response to the reports that "any accusation that our campaign is making those calls is categorically false and unfounded."
  • exit polls found that 52 percent of voters in Wisconsin approve of how Walker has handled the issue of collective bargaining, and 54 percent approve of how he has handled job creation. Fifty-two percent said they approved of the recent changes to state law that limits collective bargaining for government workers, while 47 percent disapproved of these changes.
  • favorable view of unions for government workers
  • 45 percent have an unfavorable opinion of these unions.
  • The Romney campaign said the former Massachusetts governor called Walker to congratulate him Tuesday evening.
  • Part of the disparity can be explained by the fact that Walker, as a sitting governor facing
  • isconsin law.
  • The rest of the spending in the race has been from outside ideological groups.
  • he newly-elected governor, who had defeated Barrett in the 2010 election, released a budget plan that proposed elimination of most public employee bargaining rights.
  • Wisconsin Senate Democrats even temporarily fled the state in an ultimately futile effort to keep Walker's plan from being passed.
  • recall elections are only appropriate for official misconduct.
  • Divide and conquer works."
  • Republicans called the race a test of whether they can push through the difficult reforms needed to deal with massive federal, state and local budget deficits.
  • exit polls found that Mr. Obama led Romney 51 percent to 44 percent among voters in the recall election.
  • The power of Wisconsin's progressive, grassroots tradition was clearly on display throughout the run up to this election and we will continue to work together to ensure a brighter future for Wisconsin's middle class.
  • Walker's victory suggests that the newly-legal unlimited spending by super PACs and other outside groups - which was unleashed by a pair of recent Supreme Court decisions, including Citizens United
  • his victory will elevate him to superstar status among conservatives and likely prompt talk of a future presidential run.
  • In a fourth state Senate recall election, Republicans were leading. If Democrats were able to triumph in any of the state senate elections, they would win a majority in the Wisconsin Senate and be able to block Walker's agenda even though he remains in office.
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    This is a news article concerning the attempted recall of Wisconsin governor Scott Walker. This article contrasts the idea that every legislative race, no matter how big or small, reflects politics on a national level. In this particular race, it is notable that parties argued as to wether or not this race was any indication as to the potential outcome of 2012 general elections, and whether or not it might have been possible for Mitt Romney to win the state of Wisconsin from Obama. Noted, the article makes reference to exit polls that indicated Obamas advantage in the state.
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    A summary of what happened during the election and the actions Walker took when faced with the recall.
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    With a dominant 54%, Walker handily retained the governors office.
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    This article seems to favor Walker but gives the general idea of why he survived the recall
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    Walker wins recall this is important because republicans have said this was a test for walker and his political career, while on the other hand even though democrat president Obama won Wisconsin in 2008 earlier with a point lead.
natedurrett

Exclusive - Michelle Malkin: Scott Walker Deserves To Be Vetted, 'Problems' Much Bigger... - 0 views

  • What does he really stand for and is he fully equipped to bear the slings and arrows of his enemies on a national and global scale? Yes, he fought Big Labor and has managed his state well. But grass-roots activists in his state have long been warning me of his ideological gymnastics on core issues: immigration and education. He has been on the same side as the progressive Left and the U.S. Chamber of Commerce Right: pro-amnesty, pro-massive legal immigration expansionist, and pro-Common Core. He’s been left, right, center, and all over the map.
  • “The D.C. consultant class and Capitol Hill GOP operators are adept at swooping in to ‘rescue’ the campaigns of neophytes and molding them into Beltway barnacle tools,” Malkin said. “They did it with Spencer Abraham and Marco Rubio and Paul Ryan. Face it: Many of the D.C. messaging ‘experts’ and ‘communicators’ DO have their own policy agenda and it is naive or stupid to believe they have no sway or influence on ambitious, outside the Beltway seekers of higher public office with no fixed principles.”
  • It’s very significant and it actually underscores the importance of Iowa because the way that these knuckleheads [candidates] make a decision who is going to be a part of their campaign to become arguably one of the most powerful people in the world are the kinds of low quality and high quality decision that they make about who they hire and it’s very indicative of the kind of skills or lack thereof they will use in assembling a cabinet as president of the United States. Anyone that minimizes the importance of making these kinds of decisions and who they align themselves with, and who they’re going to sit down and take council from—and in this case, she was going to be a ‘spokesperson’ for the campaign—is really something everyone should be paying attention to. If I were to sum it up in one word, I would say this was “amateurish.” He’s giving off a Tim Pawlenty vibe right now.
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  • Mark Doland, a former state Republican Party executive committee member and current Mahaska County Board of Supervisors member in Iowa, told Breitbart News that he thinks “it’s offensive to people like me” that Walker would hire someone like Mair and not answer questions about his immigration position.
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    To add a little perspective, I chose an opinionated reporter's post to give one side of the argument some background 
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