Nearly all the material in this textbook is applicable to the electronic media, from broadcasting to the Internet. Case examples in the libel, privacy, reporter’s privilege, and other chapters involve the electronic media as well as print. But the electronic media are treated specially in the law and thus require a separate chapter to discuss certain aspects of radio, television, satellite, and Internet regulation. For example, the political broadcasting rules in sections 315 and 312(a)(7) of the Communications Act of 1934 apply only to broadcasting and cable television, not to print media. The same is true of children’s programming regulations (although limits on commercial time in and around children’s programming also apply to direct broadcast services).

The First Amendment rights of broadcasters are not equal to those enjoyed by the print media. Spectrum scarcity limits broadcasting to a select few who obtain Federal Communication Commission (FCC) licenses. Courts say this justifies limiting broadcasters’ free speech rights. Courts also point to broadcasting’s pervasiveness and impact on audiences, particularly children. The FCC regulates broadcasting to ensure it operates in the public interest, but the FCC is not allowed to censor broadcasting content.

A federal law and FCC rules require broadcast television stations to show at least three hours per week of programming that meets children’s intellectual/cognitive and social/emotional needs. FCC rules prohibit broadcasting hoaxes. The FCC rescinded the Fairness Doctrine, requiring stations to cover all major views of important public issues.

Cable television law is complex due to bifurcated jurisdiction. Congress has adopted three major laws affecting cable television. In addition, franchising authorities may adopt cable laws. The franchising process involves difficult negotiations between a cable system operator and a franchising authority. Then cable television is subject to certain content regulation, such as must- carry and retransmission consent rules, and non-duplication rules. Students need to understand why courts consider these content-neutral regulations and thus apply intermediate scrutiny in examining these regulations.

In recent years, direct broadcast satellite (DBS) service has become popular. To encourage DBS service as a cable competitor, the FCC did not classify satellite service as broadcasting. The commission’s decision relieved DBS of the regulatory burdens that broadcasters face. The commission instead categorized DBS as a point-to-multipoint non-broadcast service. As DBS became a more prominent multichannel video provider, the FCC imposed additional regulations.

What about the Internet? The FCC has considered its role in Internet regulation since 2005. Although initially the FCC took a “hands off the Internet” approach, more recently it claimed ancillary jurisdiction over broadband and this has been both upheld and rejected by courts. One “hot topic” in this area that students often want to discuss is net neutrality. Net neutrality is the principle that holds that ISPs cannot charge content providers to speed up the delivery of their goods—all Internet traffic is treated equally. In 2015, the FCC issued new net neutrality rules that change the classification of ISPs from an information service to a telecommunication service. This opens the door for the FCC to regulate broadband carriers like they regulate common carriers (for example, telephone lines).