THE CONSTITUTIONAL BASIS FOR REGULATION

THE FIRST AMENDMENT QUESTION

STATUTORY AUTHORITY

TYPES OF REGULATION

GOAL OF REGULATION

"Unlike other modes of expression, radio inherently is not available to all. That is its unique characteristic and that is why, unlike other modes of expression, it is subject to government regulation."

"[W]e see the government controlling broadcast communication because of the paramount right of the viewers and listeners to this limited medium mandates that it is not monopolized by a single point of view...

There is nothing in the First Amendment which prevents the government from requiring a licensee to share his frequency with others and to conduct himself as a proxy or fiduciary with obligations to present those views and voices which are representative of his community and which would, otherwise, by necessity, be barred from the airwaves."

"We have long recognized that each medium of expression presents special First Amendment problems...[T]he broadcast medium have established a uniquely pervasive presence in the lives of all Americans...[It] is uniquely accessible to children, even those too young to read."

• PHYSICAL SCARCITY OF AIRWAVES

• THE PARAMOUNT RIGHT OF VIEWERS AND LISTENERS

• BROADCASTERS AS TRUSTEES FOR THE PUBLIC

• DIVERSITY OF VIEWPOINTS

• THE POWER OF THE MEDIUM

When a FCC broadcasting regulation or action is challenged on First Amendment grounds, the FCC must show that the regulation or action (e.g. deregulation) contributes to the goal of the Communication Act of 1934--that the regulation serves the "public interest, convenience and necessity."

What conditions are created by the "unique" characteristics of broadcasting? Why do these conditions allow regulation of broadcasting and distinguish the medium from print and other information delivery systems?

Personal attack rule which provides for a right-of-reply in broadcasting held constitutional.

Miami Herald v. Tornillo, 418 U.S. 241 (1974)

Florida right-of-reply statute in newspapers held unconstitutional.

COMMUNICATIONS ACT OF 1934

ESTABLISHED THE FCC AND GAVE IT AUTHORITY TO REGULATE BROADCASTING "IN THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY."

The Telecommunications Act of 1996 The most far-reaching revision of telecommunications law since the Communications Act of 1934.

• NAB Summary of Act [Local]

LICENSING

TECHNICAL

STRUCTURAL

CONTENT

[To protect and enchance] the right of the public to receive suitable access to social, political, esthetic, moral and other ideas and experiences.