Digital Media Law

Chapter 9:
Radio & Television Broadcasting

Chapter 9 covers the unique regulatory environment that governs traditional broadcast media — radio and television stations that transmit over the public airwaves. Unlike print or most online media, broadcasting is subject to significant government oversight because the airwaves are considered a scarce public resource. This chapter examines the role of the Federal Communications Commission (FCC), licensing requirements, content regulations, and the ongoing debates about whether broadcast-specific rules still make sense in an increasinly converged media environment.

Key Concepts in this Chapter

Regulatory Framework

  • FCC Authority: Established under the Communications Act of 1934 to regulate interstate and international communications.

  • Licenses are required to operate broadcast stations — no permanent ownership; licenses must be renewed.

  • Licensees must operate in the public interest, convenience, and necessity.

Scarcity Rationale

  • Justifies more regulation of broadcast content compared to print or online.

  • Based on the idea that broadcast spectrum is limited and must be allocated fairly.

Content Regulations

  • Indecency & Profanity: Regulated between 6 a.m. and 10 p.m. when children are likely to be in the audience.

    • “Fleeting expletives” policy has shifted over time.

  • Obscenity: Not protected by the First Amendment and prohibited at all times.

  • Children’s Programming: Limits on commercial time during children’s shows; educational programming requirements.

  • Political Broadcasting Rules:

    • Equal Time Rule: Equal opportunities for candidates for the same office.

    • Reasonable Access: Federal candidates must be given reasonable access to purchase airtime.

Sponsorship Identification

  • Broadcasters must clearly identify who paid for or sponsored content.

  • Applies to both political and commercial messages.

Ownership Rules

  • FCC limits the number of stations a single entity can own nationally and locally.

  • Rules aim to promote viewpoint diversity and localism, though many have been relaxed in recent decades.

Technological Convergence

  • Traditional broadcasters now also stream content online.

  • Raises questions about whether old rules should apply equally to digital platforms.

Test Your Knowledge

1. The Children’s Television Act and FCC rules require TV stations to:

 
 
 
 

2. Which Supreme Court case upheld the FCC’s authority to sanction indecent broadcasts (the ‘seven dirty words’ case)?

 
 
 
 

3. Participation in which alerting system is mandatory for broadcast radio and television stations?

 
 
 
 

4. The CALM Act primarily addresses:

 
 
 
 

5. Broadcast station licenses must be operated in accordance with the longstanding standard of serving the:

 
 
 
 

6. ‘Payola’ and ‘plugola’ concerns are addressed primarily through which rule?

 
 
 
 

7. Which content may NEVER be broadcast lawfully over radio or TV?

 
 
 
 

8. Section 315’s ‘equal opportunities’ rule generally requires that if a station gives use of its facilities to one legally‑qualified candidate for public office, it must:

 
 
 
 

9. Broadcast stations must air a station identification (call sign and community of license):

 
 
 
 

10. Compared with cable channels, broadcast TV stations are subject to which additional content regulation?

 
 
 
 

11. The ‘lowest unit rate’ requirement applies during which pre‑election windows?

 
 
 
 

12. Modern FCC rules require most broadcast stations to maintain which of the following for public transparency?

 
 
 
 

13. Which of the following requires an FCC license?

 
 
 
 

14. In general, broadcast station licenses are granted for terms of:

 
 
 
 

15. Under Section 312(a)(7), ‘reasonable access’ to purchase airtime applies to:

 
 
 
 

16. Under FCC rules, the ‘safe harbor’ during which indecent material may be aired is generally:

 
 
 
 

17. Over‑the‑air broadcast spectrum is treated in U.S. law as:

 
 
 
 

18. Under the 1992 Cable Act, a full‑power TV station may elect either:

 
 
 
 

19. The Federal Communications Commission (FCC) was created by which statute?

 
 
 
 

20. The national TV ownership cap limits a single company’s reach to no more than approximately what percentage of U.S. TV households (with UHF discount considerations)?

 
 
 
 

Ideas for Future Study

  • Policy Debate: Should broadcast indecency rules be applied to streaming services?
  • FCC Enforcement Trends: Review recent FCC fines for indecency or sponsorship violations.
  • Localism vs. Consolidation: How has station ownership concentration affected local news coverage?
  • Technological Shift: Does the scarcity rationale still hold in an era of abundant digital channels?
  • Political Advertising: Should equal time rules apply to digital political ads?

Parting Thought

Broadcast regulation reflects an era when the airwaves were the main source of mass communication. In today’s multimedia environment, should these unique rules remain, be updated, or be replaced entirely?