11.7 FCC regulations and broadcast standards

FCC regulations shape the landscape of television broadcasting, ensuring stations operate in the public interest. From content standards to political fairness, these rules govern everything from obscenity to emergency alerts. Understanding these regulations is crucial for TV newsrooms to maintain compliance and avoid penalties.

Licensing requirements, content restrictions, and accessibility mandates are just a few areas the FCC oversees. Stations must navigate complex rules on political broadcasting, children's programming, and sponsorship identification. Compliance with these regulations is essential for maintaining broadcast licenses and serving viewers responsibly.

FCC oversight of broadcasting

• The Federal Communications Commission (FCC) is the primary regulatory agency overseeing the broadcasting industry in the United States
• FCC's oversight ensures that broadcasters operate in the public interest and comply with federal regulations
• Television newsrooms must be aware of and adhere to FCC rules and regulations to maintain their broadcast licenses and avoid penalties

Regulatory authority

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• The FCC derives its regulatory authority from the Communications Act of 1934 and subsequent amendments
• This authority allows the FCC to establish and enforce rules governing broadcasting, including television and radio
• The FCC has the power to issue and revoke broadcast licenses, allocate broadcast frequencies, and impose fines for violations
• FCC regulations cover various aspects of broadcasting, such as content, technical standards, and station ownership

Licensing requirements

• Broadcast stations, including television stations, must obtain a license from the FCC to operate legally
• The FCC grants licenses based on a station's ability to serve the public interest, convenience, and necessity
• License applicants must demonstrate their financial, technical, and character qualifications
• Broadcast licenses are typically granted for a term of eight years for television stations
• Stations must file for license renewal before the expiration of their current license term
• The FCC reviews the station's performance during the previous license term to determine if renewal is warranted

Enforcement powers

• The FCC has the authority to enforce its regulations and take action against stations that violate them
• Enforcement actions can include issuing warnings, imposing fines (forfeitures), or even revoking a station's license in severe cases
• The FCC investigates complaints and allegations of violations, which can be filed by the public or initiated by the agency itself
• Stations found to be in violation of FCC rules may be subject to monetary penalties, which can be substantial
• In extreme cases, the FCC may revoke a station's license, forcing the station to cease operations

Broadcast content regulations

• The FCC establishes content regulations to protect the public from harmful or offensive material and ensure that broadcasters operate in the public interest
• Television newsrooms must be mindful of these regulations when creating and airing content to avoid violations and potential penalties
• Content regulations apply to various types of programming, including news, entertainment, and advertising

Obscenity and indecency

• Obscene content is prohibited on broadcast television at all times
  • Obscenity is defined as material that appeals to the prurient interest, depicts sexual conduct in an offensive way, and lacks serious literary, artistic, political, or scientific value
• Indecent content is restricted to late-night hours (10 pm to 6 am) when children are less likely to be in the audience
  • Indecency is defined as material that depicts or describes sexual or excretory organs or activities in a patently offensive manner
• Television newsrooms must ensure that their content does not violate obscenity and indecency standards, even when covering sensitive or controversial topics

Profanity

• The FCC prohibits the broadcast of profane language, which includes words that are so highly offensive that their mere utterance is considered a nuisance
• Profane language is distinguished from indecent language, which is restricted to late-night hours
• Television newsrooms should avoid using profane language in their broadcasts and should take steps to prevent its use by guests or interviewees

Violence

• While the FCC does not have specific regulations regarding violent content, it encourages broadcasters to be mindful of the potential impact of such content on viewers, particularly children
• Television newsrooms should exercise caution when covering stories involving violence and consider the potential effects on their audience
• The use of viewer discretion advisories and appropriate scheduling can help mitigate the impact of violent content

Hoaxes and false information

• The FCC prohibits the broadcast of hoaxes or false information that causes substantial public harm
• This includes content that is intended to deceive the public or cause panic, such as false reports of emergencies or disasters
• Television newsrooms have a responsibility to verify the accuracy of their reporting and avoid spreading misinformation
• Violations of this rule can result in severe penalties, including fines and license revocation

Political broadcasting rules

• The FCC has established specific rules governing political broadcasting to ensure fair and equal access for candidates and to protect the integrity of the electoral process
• Television newsrooms must be aware of these rules and ensure compliance when covering political campaigns and elections
• Political broadcasting rules apply to candidate appearances, advertising, and station-sponsored content

Equal time rule

• The equal time rule requires broadcasters to provide equal opportunities for all legally qualified candidates for the same office to appear on their station
• If a station allows one candidate to use its facilities (e.g., appearing in an interview or debate), it must offer the same opportunity to other candidates for that office
• There are exceptions to the equal time rule, such as appearances in regular newscasts or news interviews, which are considered bona fide news events

Lowest unit charge

• During the 45 days before a primary election and the 60 days before a general election, broadcasters must charge legally qualified candidates the lowest unit charge for advertising time
• This ensures that candidates can access affordable advertising rates and prevents broadcasters from discriminating against certain candidates
• Television newsrooms should be aware of these requirements when selling advertising time to political campaigns

Political editorial rule

• If a broadcast station airs an editorial supporting or opposing a candidate, it must notify the other candidates for that office and offer them a reasonable opportunity to respond
• This rule ensures that stations do not use their editorial power to unfairly influence an election
• Television newsrooms should be cautious when airing political editorials and ensure compliance with the political editorial rule

Candidate access

• Broadcast stations are not required to provide free airtime to political candidates, but they must allow candidates to purchase reasonable amounts of advertising time
• Stations cannot discriminate against candidates in terms of access to advertising time or the rates charged
• Television newsrooms should treat all candidates fairly and provide equal opportunities for access to advertising time

Children's television rules

• The FCC has established specific rules governing children's television programming to ensure that broadcasters serve the educational and informational needs of young viewers
• Television newsrooms should be aware of these rules when creating and scheduling content intended for children
• Children's television rules apply to programming, advertising, and website content

Educational and informational programming

• Broadcast stations must air at least three hours per week of educational and informational programming designed to serve the needs of children under 17 years old
• This programming must be regularly scheduled, at least 30 minutes in length, and aired between 7 am and 10 pm
• Television newsrooms can contribute to meeting this requirement by producing age-appropriate educational content for children

Advertising limits

• The FCC limits the amount of commercial time allowed during children's programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays
• This rule applies to programs originally produced and aired primarily for an audience of children 12 years old and younger
• Television newsrooms should be mindful of these advertising limits when scheduling commercials during children's programming

Website display requirements

• Broadcast stations must display the address of their children's television programming website on-air during programming
• The website must contain information about the station's educational and informational programming for children, including the program schedule and details about each program
• Television newsrooms should ensure that their station's website complies with these requirements and provides accurate information about children's programming

Sponsorship identification

• The FCC requires broadcast stations to disclose when content is sponsored or paid for by an outside party
• This ensures transparency and allows viewers to understand when they are being presented with sponsored content or advertising
• Television newsrooms must be diligent in identifying and disclosing sponsored content in their broadcasts

Sponsored content disclosures

• Broadcast stations must disclose when content, including news segments or interviews, is sponsored or paid for by an outside party
• Disclosures must be clear and conspicuous, and they should be made at the beginning and end of the sponsored content
• Television newsrooms should have policies in place to ensure that sponsored content is properly identified and disclosed to viewers

Product placement

• Product placement, the inclusion of branded products or services within programming, must also be disclosed to viewers
• Disclosures should be made when the product placement is more than just a casual or fleeting reference and when it is the result of a material consideration (payment or other valuable consideration)
• Television newsrooms should be cautious about including product placement in their news programming and ensure that any such placement is properly disclosed

Emergency Alert System (EAS)

• The Emergency Alert System (EAS) is a national public warning system that allows the President, state, and local authorities to communicate with the public during emergencies
• Broadcast stations are required to participate in the EAS and must have equipment capable of receiving and transmitting EAS messages
• Television newsrooms should be familiar with EAS procedures and be prepared to disseminate emergency information to their viewers

Required participation

• All broadcast stations must participate in the EAS and have equipment capable of receiving and transmitting EAS messages
• Stations must monitor designated EAS sources and transmit EAS messages when directed by the appropriate authorities
• Television newsrooms should ensure that their station's EAS equipment is properly maintained and tested regularly

National vs local alerts

• EAS messages can be originated at the national, state, or local level, depending on the nature and scope of the emergency
• National EAS messages, such as a Presidential alert, are transmitted by all stations nationwide
• State and local EAS messages are transmitted by stations within the affected area, as determined by state and local EAS plans
• Television newsrooms should be familiar with their state and local EAS plans and be prepared to transmit alerts as directed

EAS testing

• Broadcast stations must conduct weekly and monthly tests of their EAS equipment to ensure its proper functioning
• Weekly tests are conducted by the individual stations, while monthly tests are coordinated by state or local authorities
• Television newsrooms should participate in these tests and document their completion as required by FCC regulations

Accessibility requirements

• The FCC has established accessibility requirements to ensure that individuals with disabilities have access to television programming
• Broadcast stations must provide closed captioning, audio description, and emergency information in accessible formats
• Television newsrooms should be aware of these requirements and ensure that their programming complies with accessibility standards

Closed captioning

• Broadcast stations must provide closed captioning for most television programming, including news, entertainment, and sports
• Captions must be accurate, synchronous, complete, and properly placed on the screen
• Television newsrooms should have procedures in place to ensure that their programming is properly captioned and that captions meet FCC quality standards

Audio description

• Audio description is a narration service that describes key visual elements of a program during natural pauses in the audio
• Broadcast stations must provide audio description for a certain amount of programming each quarter, including children's programming and prime-time entertainment programming
• Television newsrooms should be aware of audio description requirements and ensure that their station complies with these rules

Emergency information accessibility

• Broadcast stations must make emergency information accessible to individuals with visual and hearing disabilities
• This includes providing audio description or other accessible formats for emergency information that is visually presented on the screen (e.g., maps, graphics, or text)
• Television newsrooms should have procedures in place to ensure that emergency information is provided in accessible formats during breaking news situations

Broadcast station public files

• The FCC requires broadcast stations to maintain a public inspection file containing various documents related to the station's operation and service to the community
• These files must be made available to the public, either physically or online, depending on the station's market size
• Television newsrooms should be familiar with the requirements for public files and ensure that their station complies with these rules

Required documentation

• Broadcast station public files must contain a variety of documents, including:
  • The station's FCC authorization and license renewal applications
  • Ownership reports and contracts related to station ownership
  • Equal employment opportunity (EEO) reports
  • Political file (records of requests for political advertising time)
  • Quarterly issues/programs lists (documenting the station's programming that addresses community needs)
• Television newsrooms should be aware of the documents required in the public file and contribute to maintaining accurate and up-to-date records

Accessibility to the public

• Broadcast stations must make their public files available to the public during regular business hours
• Stations in larger markets (those with five or more full-time employees) must also upload most of their public file documents to the FCC's online database
• Television newsrooms should be aware of how their station's public file is made available to the public and be prepared to assist individuals who wish to access the file

FCC complaint process

• The FCC relies on public complaints to help identify potential violations of its rules and regulations
• Individuals who believe that a broadcast station has violated FCC rules can file a complaint with the agency
• Television newsrooms should be aware of the FCC complaint process and be prepared to respond to any complaints filed against their station

Filing a complaint

• Complaints can be filed with the FCC online, by phone, or by mail
• Complainants should provide as much detail as possible, including the station call sign, the date and time of the alleged violation, and a description of the issue
• The FCC does not charge a fee for filing complaints

FCC investigation procedures

• Upon receiving a complaint, the FCC will review it to determine if it warrants an investigation
• If the FCC decides to investigate, it will typically send a letter of inquiry to the station, requesting information and documents related to the alleged violation
• The station must respond to the letter of inquiry within the specified timeframe, usually 30 days
• After reviewing the station's response, the FCC will determine if a violation has occurred and what action, if any, should be taken

Potential penalties for violations

• If the FCC determines that a station has violated its rules, it can impose various penalties, depending on the severity and nature of the violation
• Penalties can include:
  • Admonishments (formal warnings)
  • Monetary forfeitures (fines)
  • Consent decrees (agreements between the FCC and the station to resolve violations and prevent future ones)
  • License revocation (in extreme cases)
• Television newsrooms should take FCC complaints seriously and work to address any violations promptly to avoid potential penalties