Media Law Assignment: FCC Regulations, Obscenity, and Internet Freedom

This assignment solution provides a comprehensive overview of media law, focusing on the role and regulations of the Federal Communications Commission (FCC). It discusses the FCC's control over interstate and international communications, its impact on the telecom sector, and its role in promoting competition, innovation, and investment in broadband services. The solution delves into the FCC's framework for protecting internet freedom, including consumer protection, transparency, and the removal of unnecessary regulations. Furthermore, it differentiates between obscenity and indecency, referencing key legal cases and historical context. The assignment covers the regulations regarding profane, indecent, and obscene content, providing a clear understanding of media law principles.

Media Law

Question 1
The Federal Communications Commission control interstate and international communication
over the radio, wire, television, satellite, and cable in all 50 states, the District of Columbia and
U.S. territories. It was created by the Federal Radio Commission in 1934. The Communication
Act was also created at the same time in 1934. FCC was not limited to the radio only; it has
expended the coverage to all telecommunications (FCC, 2018). FCC has brought revolution in
the telecom sector and also broke monopolies since it has started providing service with the
direction of the internet.FCC isoften being criticized for focusing on the interest of big business
and the government, instead of defending customer’s right or promoting open and free
communication.It is getting economic opportunities and facing challenges with rapidly growing
global communication. The FCC capitalizes on its capabilities in:
 Promoting competition, innovation and investment in broadband service and facilities
 Encouraging the highest and best use of spectrum domestically and internationally.
 Support the nations by ensuring an appropriate competitive framework for the unfolding
on the communications revolution (Corvo & Symons, 2011).
 Providing leadership in strengthening the defence of the nation's communications
infrastructure
 Revising media regulation so that new technologies flourish alongside diversity and
localism.
Internet freedom order is being restored by the FCC, which will provide faster and cheaper
access to the customers. It is going to replace old heavy-handed regulation that was created in
1934 with modern technology which will provide protection and increase transparency. The
three key parts which come under FCC framework for protecting internet freedom are as follows:
Consumer Protection
The FTC (Federal Trade Commission) is the nation’s premier consumer protection agency who
will monitor and take action against service providers for misleading practices (Figliola, 2012).
Transparency
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The most important part of internet openness involves the transparency of the internet service
provider about their business practices. For that, the FCC has forced enhanced transparency
requirements. The service provider has to disclose all the information about their network
management practices, commercial terms of service and performance. These disclosures must be
publicly available and easily accessible through the website of the company or from the FCC's
website.
Remove Unnecessary Regulations to Promote Broadband Investment
In the 1930s, the previous FCC forced era regulation on the service providers. These regulations
have made things worse by putting a limitation in investment for high-speed network and
slowing down broadband deployment.By minimizing these outdated and useless regulations will
help to create a strong incentive for companies and make them invest resources for creating
better online infrastructure across the country.
FCC should continue to regulate content. It manages the communication in the United States via
radio, television and the Internet. The FCC is responsible to prevent the broadcast of nudity on
TV. It motivates education and revision of media standards. New technologies are being
promoted to protect the states information infrastructure. It always believes in making the
internet accessible to everyone, based on the condition of the open internet (FCC, 2018). Open
Internet regulations are created to allow access for everyone, though there are some restrictions
for the security purpose. Profane, indecent and obscene contents are restricted. Obscene content
means which cannot be considered as acceptable content and prohibited by low. Indecent content
is not good for children and is restricted to broadcast between 10.00pm to 6:00 am. And profane
generally contain offensive language and restricted to broadcast during the same time as indecent
content.
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References
Corvo, T., & Symons, H. (2011). Broadband and cable industry law, 2011 (7th ed.). New York,
NY: Practising Law Institute.
FCC. (2018). Federal Communications Commission. Retrieved from https://www.fcc.gov/
FCC. (2018). Program Content Regulations. Retrieved from
https://www.fcc.gov/media/program-content-regulations
Figliola, P. (2012). The Federal Communications Commission (5th ed.). Washington, D.C.:
Congressional Research Service, Library of Congress.
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