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  • From: "clanSkeen" <sgian AT planetc.com>
  • To: <homestead AT lists.ibiblio.org>
  • Subject: Re: [Homestead] Sinclair Broadcasting
  • Date: Thu, 21 Oct 2004 19:42:53 -0400

Gene writes:

Seems to me the issue is the use of the public airwaves, which under our laws, belong to the citizens and may be used as prescribed by the Federal Communications Commission. Whether use of profanity or use for religious or political purposes, there are rules that control. Seems to me that is how such issues as this Sinclair production should be resolved.

Right Gene but there is a misconception that the airwaves "belong to the citizens". They do not in any meaningful sense, The FCC only regulates the broadcast spectrum in order to prevent service from interfering with each other. This is done by assessing whether issuing a license to operate on a certain frequency in a certain mode with a certain power (wattage) is in the public interest. That test is very loose. A radio or television station holds their license and at the time of renewal they must accept public comment which the FCC evaluates. That is, if enough people are pissed off, they can block the renewal of a license IF someone else is applying for that same frequency for a similar purpose.

The FCC monitors the content of broadcast material for decency ONLY and that only in response to complaints. It does not and cannot interfere with the content of broadcasts because the nature of it is religious or political. Here we have many radio stations and at least one television station that is completely round the clock fundamentalist Christian. Once the broadcast company (or individual) secures an FCC license to broadcast, they are as completely free to broadcast whatever they like much as you are allowed to say anything you want on a street corner, protected by free speech, subject only to the test of decency and of course that you are not engaging in limiting someone else's freedom by force or fraud ... which would be criminal at any rate.

As far as Sinclair preempting its affiliates to broadcast their production, affiliates sign agreements to that effect long before the fact. It's business as it has always been.

James





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