Broadcast law

Last updated May 02, 2024

Broadcast law and Electricity law is the field of law that pertains to broadcasting. These laws and regulations pertain to radio stations and TV stations, and are also considered to include closely related services like cable TV and cable radio, as well as satellite TV and satellite radio. Likewise, it also extends to broadcast networks.

Philippines

In the PH, broadcasting falls under the jurisdiction of the National Telecommunications Commission while content regulation is under the jurisdiction of the Movie and Television Review and Classification Board ^[1]

Under the Philippine law, broadcasting networks require a congressional franchise^[2] to operate television and radio stations.^[3]^[4]

United States

In the US, broadcasting falls under the jurisdiction of the Federal Communications Commission.

Some of the more notable aspects of broadcast law involve:

frequency allocation: The division of the spectrum into unlicensed frequency bands -- ISM band and U-NII—and licensed frequency bands -- television channel frequencies, FM broadcast band, amateur radio frequency allocations, etc.
low-power broadcasting
fairness doctrine
public broadcasting

History

The Radio Act of 1927 was the first major broadcasting law in the country. Among its provisions was the equal opportunity provision, providing a foundation for the equal time rule. This provision requires radio and television stations and cable systems which originate their own programming to treat legally qualified political candidates equally when it comes to selling or giving away air time. Concerns that, without mandated equal opportunity for candidates, some broadcasters might try to manipulate elections led to its creation by legislators.^[5] The Communications Act of 1934 amended the Radio Act of 1927 and the equal time provision is located Section 315 of the Communications Act of 1934.

The Communications Act of 1934 was another hallmark moment in broadcasting law history, because it created the Federal Communications Commission (FCC) for the purpose of "regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, nationwide, and world wide wire and radio communications service ..." (In this context, the word "radio" covers both broadcast radio and television.) The FCC has the authority to "make such regulations not inconsistent with law as it may deem necessary to prevent interference between stations and to carry out the provisions of the Communications Act of 1934."^[6]

In 1949, the FCC enacted a policy, referred to as the "Fairness Doctrine," for the purpose of ensuring balanced and fair coverage of all controversial issues by a broadcast station. The FCC adopted the view that station licensees were "public trustees," and, therefore, had an obligation to broadcast discussion of contrasting viewpoints on controversial issues of public importance. It was later established that stations should also actively seek out issues of importance to their community and air programming about those issues. During the 1980s, the Reagan Administration pressured the FCC to eliminate the fairness doctrine.^[7]

United Kingdom

In the UK, broadcasting has been regulated by the Office of Communications (Ofcom) since 2002.

Scheduled radio and television broadcasting services need a licence from Ofcom under the Broadcasting Act 1990 or 1996, and must comply with the Ofcom Broadcasting Code ^[8] made under section 319 of the Communications Act 2003, together with a number of other codes relating to access, electronic programme guides, advertising, and so on. The BBC is subject to some, but not all, of the requirements of the Broadcasting Code.

On-demand television services are regulated by the Ofcom, so long as they fall within the definition of regulated services in section 368A(1) of the Communications Act 2003, and must comply with the programme standards set out in Part 4A of the Communications Act 2003.

Related Research Articles

Communications in the United States include extensive industries and distribution networks in print and telecommunication. The primary telecom regulator of communications in the United States is the Federal Communications Commission.

The Federal Communications Commission (FCC) is an independent agency of the United States government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction over the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security.

<span class="mw-page-title-main">Federal Radio Commission</span> Former government agency of the United States (1927–33)

The Federal Radio Commission (FRC) was a government agency that regulated United States radio communication from its creation in 1927 until 1934, when it was succeeded by the Federal Communications Commission (FCC). The FRC was established by the Radio Act of 1927, which replaced the Radio Act of 1912 after the earlier law was found to lack sufficient oversight provisions, especially for regulating broadcasting stations. In addition to increased regulatory powers, the FRC introduced the standard that, in order to receive a license, a radio station had to be shown to be "in the public interest, convenience, or necessity".

The Communications Act of 1934 is a United States federal law signed by President Franklin D. Roosevelt on June 19, 1934, and codified as Chapter 5 of Title 47 of the United States Code, 47 U.S.C. § 151 et seq. The act replaced the Federal Radio Commission with the Federal Communications Commission (FCC). It also transferred regulation of interstate telephone services from the Interstate Commerce Commission to the FCC.

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The Independent Television Commission (ITC) licensed and regulated commercial television services in the United Kingdom between 1 January 1991 and 28 December 2003.

Low-power broadcasting is broadcasting by a broadcast station at a low transmitter power output to a smaller service area than "full power" stations within the same region. It is often distinguished from "micropower broadcasting" and broadcast translators. LPAM, LPFM and LPTV are in various levels of use across the world, varying widely based on the laws and their enforcement.

The fairness doctrine of the United States Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a manner that fairly reflected differing viewpoints. In 1987, the FCC abolished the fairness doctrine, prompting some to urge its reintroduction through either Commission policy or congressional legislation. The FCC removed the rule that implemented the policy from the Federal Register in August 2011.

Code of Federal Regulations, Title 47, Part 15 is an oft-quoted part of Federal Communications Commission (FCC) rules and regulations regarding unlicensed transmissions. It is a part of Title 47 of the Code of Federal Regulations (CFR), and regulates everything from spurious emissions to unlicensed low-power broadcasting. Nearly every electronics device sold inside the United States radiates unintentional emissions, and must be reviewed to comply with Part 15 before it can be advertised or sold in the US market.

The Radio Act of 1927 was signed into law on February 23, 1927. It replaced the Radio Act of 1912, increasing the federal government's regulatory powers over radio communication, with oversight vested in a newly created body, the Federal Radio Commission. It also was the first legislation to mandate that stations had to show they were "in the public interest, convenience, or necessity" in order to receive a license. The Act was later replaced by the Communications Act of 1934.

A broadcast license is a type of spectrum license granting the licensee permission to use a portion of the radio frequency spectrum in a given geographical area for broadcasting purposes. The licenses generally include restrictions, which vary from band to band.

The Cable Communications Policy Act of 1984 was an act of Congress passed on October 30, 1984 to promote competition and deregulate the cable television industry. The act established a national policy for the regulation of cable television communications by federal, state, and local authorities. Conservative Senator Barry Goldwater of Arizona wrote and supported the act, which amended the Communications Act of 1934 with the insertion of "Title VI—Cable Communications". After more than three years of debate, six provisions were enacted to represent the intricate compromise between cable operators and municipalities.

The equal-time rule specifies that American radio and television broadcast stations must provide equivalent access to competing political candidates. This means, for example, that if a station broadcasts a message by a candidate in prime time, it must offer the same amount of time on the same terms to an opposing candidate.

The Independent Communications Authority of South Africa (ICASA) is an independent regulatory body of the South African government, established in 2000 by the ICASA Act to regulate both the telecommunications and broadcasting sectors in the public interest.

Red Lion Broadcasting Co. v. Federal Communications Commission, 395 U.S. 367 (1969), was a seminal First Amendment ruling at the United States Supreme Court. The Supreme Court held that radio broadcasters enjoyed free speech rights under the First Amendment, but those rights could be partially restricted by the Federal Communications Commission (FCC) to maintain the public interest in equitable use of scarce broadcasting frequencies. As a result, the FCC's Fairness Doctrine was found to be constitutional.

The Cable Television Consumer Protection and Competition Act of 1992 is a United States federal law which required cable television systems to carry most local broadcast television channels and prohibited cable operators from charging local broadcasters to carry their signal.

Media cross-ownership is the common ownership of multiple media sources by a single person or corporate entity. Media sources include radio, broadcast television, specialty and pay television, cable, satellite, Internet Protocol television (IPTV), newspapers, magazines and periodicals, music, film, book publishing, video games, search engines, social media, internet service providers, and wired and wireless telecommunications.

Mass media regulations are a form of media policy with rules enforced by the jurisdiction of law. Guidelines for media use differ across the world. This regulation, via law, rules or procedures, can have various goals, for example intervention to protect a stated "public interest", or encouraging competition and an effective media market, or establishing common technical standards.

Communications law refers to the regulation of electronic communications by wire or radio. It encompasses regulations governing broadcasting, telephone and telecommunications service, cable television, satellite communications, wireless telecommunications, and the Internet.

Radio regulation in the United States was enforced to eliminate different stations from broadcasting on each other's airwaves. Regulated by the Federal Communications Commission, standardization was encouraged by the chronological and economic advances experienced by the United States of America. Commenced in 1910, before the Communications Act of 1934 was passed, the Federal Radio Commission was the first organization established to control the functioning of radio as a whole through the Commerce Clause. Airwaves run across interstate and international waters, leading to some form of regulation. As years progressed, deregulation was strongly encouraged to provide a little independence from the government.

The Davis Amendment was a provision attached to the March 28, 1928 reauthorization of the Radio Act of 1927, which mandated an "equality of radio broadcasting service" within the United States. It specified an "equitable allocation" among five regional zones, in addition to assignments proportional to population among the states within each zone. Its implementation resulted in the development of a complicated quota system by the Federal Radio Commission, and although its provisions were carried over to the Federal Communications Commission by the Communications Act of 1934, it ultimately proved impractical, and was repealed on June 5, 1936.

References

↑ Hernandez, SyCip Salazar; Leon, Gatmaitan-John Paul V. de; Balisong, Patrick Edward L.; King-Dominguez, Rose Marie M. (24 June 2022). "In brief: media law and regulation in Philippines". Lexology. Retrieved 24 September 2023.
↑ Cabato, Regine (5 May 2020). "Philippines orders its largest broadcaster off the air as nation fights virus". The Washington Post . Retrieved 6 May 2020.
↑ "Congressional Franchises as a Weapon to Defeat a Free Press". Center for Media Freedom and Responsibility . 17 June 2016. Archived from the original on 2 September 2016. Retrieved 6 May 2020.
↑ ACWS-UBN vs. NTC, 445Phil.621 (17 February 2003).
↑ Klieman, Howard (17 April 2012). Equal Time Rule: U.S. Broadcasting Regulatory Rule (1st ed.). Chicago. Archived from the original on 16 May 2013. Retrieved 18 April 2012.{{cite book}}: |work= ignored (help)CS1 maint: location missing publisher (link)
↑ The Federal Communications Commission (2008). The Public and Broadcasting: How to Get the Most Service from Your Local Station (PDF). Washington, D.C.: The Media Bureau.
↑ Limburg, Val E. (17 April 2012). Fairness Doctrine: U.S. Broadcasting Policy (1st ed.). Chicago. Archived from the original on 18 May 2013. Retrieved 18 April 2012.{{cite book}}: |work= ignored (help)CS1 maint: location missing publisher (link)
↑ "Broadcasting codes". Ofcom. 6 November 2020.