Telecommunications and Free Speech

Note: All references to page numbers refer to Thomas G. Krattenmaker, Telecommunications Law and Policy (2d edition 1998). References to the Supplemental Materials contained in this packet are noted as "Supp."

1. Introduction: Spectrum Allocation Policies

Chapter One: The Broadcast Industry and its Regulators, pp. 3-34 (read as background)
Chapter Two: Spectrum Allocation, pp. 35-83

2. The Licensing Process

Chapter Three: Criteria for Evaluating Broadcast Industry Performance, pp. 85-92
Chapter Four: Licensing Broadcasters, pp. 93-146
Serafyn v. FCC, Supp., pp. 1-12

3. The Fairness Doctrine

Introduction, pp. 147-48
Miami Herald Publishing Co. v. Tornillo, pp. 148-50
Red Lion v. FCC and Notes, pp. 150-56
1985 Report on the Fairness Doctrine and Notes, pp. 156-72
CBS v. Democratic National Committee, Supp., pp. 13-18

4. Political Broadcasting

A. Equal Time and Equal Opportunities

Note on Political Broadcasting, pp. 172-74
Notes and Kennedy for President Committee v. FCC, Supp., pp 19-24
Notes and CBS v. FCC, Supp., pp. 24-27
King Broadcasting Co. v. FCC, Supp., pp. 28-34
Telecommunications Research and Action Center (TRAC) v. FCC, Supp., pp. 35-43
Fulani v. FCC, Supp., pp. 44-54
In re Requests of Fox Broadcasting Co., Public Broadcasting Service, and Capital Cities/ABC, Inc., for Declaratory Rulings (August 19, 1996), Supp., pp. 55-66
In re Complaint of Ross Perot against ABC, CBS, NBC, and Fox Broadcasting Co. (October 3, 1996), Supp., pp. 67-78
Becker v. FCC and Notes, Supp., pp. 79-83

B. Personal Attacks

In Letter of Ms. Loretta Smith, Supp., pp. 84-85
In re Personal Attack Complaint of Bree Walker Lampley, et. al., Supp., pp. 86-89
47 CFR §§ 73.1920-41 (1997), Supp., pp. 90-93
Note on Modification of the Personal Attack Rules, Supp., pp. 94-95

5. Digital Television and Public Interest Obligations

Chapter Seven: Overview Case Study-- High Definition Television, pp. 321-339
Soft Gore report will be price of consensus with commercial TV, Supp., pp. 96-98
Gore Report on Oligations of HDTV Broadcasters, Supp., pp. 99-276

6. Public Broadcasting

A. Editorial Control

Notes on Noncommercial Broadcasting, Supp., pp. 277-280
Arkansas Educational Television Commission v. Forbes, Supp., pp. 281-288
Knights of the Ku Klux Klan v. Bennett, Supp., pp. 289-304

B. Resources and Funding

Current briefings on public funding and increasing efficiency of public broadcasting, Supp., pp. 305-312
Tauzin/Markey bill would boost CPB 60 percent, Supp., pp. 313-316
Public Broadcasting Reform Act of 1998, Supp., pp. 317-325
Gore panel endorses adding educational DTV channels, Supp. pp. 326-331

7. Indecency and Violence

FCC v. Pacifica Foundation and Notes, pp. 175-82
Sable Communications v. FCC and Notes, pp. 480-488
ACT III (en banc opinion) and Notes, pp. 182-201
In Re Pacifica Foundation and Notes, pp. 201-205
Krattenmaker and Powe, Regulating Broadcast Programming, ch 5, Supp., pp. 332-351
Calvin and Hobbes, pp. 242-245

8. The V-Chip and Children's Television

A. The V-Chip

Balkin, Media Filters, the V-Chip, and the Foundations of Broadcast Regulation, pp. 245-257
Meese v. Keene, Supp., pp. 352-354
Commission Finds Industry Video Programming Rating System Acceptable, Supp., pp. 355-361
Notes on V-Chip Rating System, Supp., pp. 362-364
Technical Requirements to Enable Blocking of Video Programming Based on Program Ratings, Supp., pp. 365-372

B. Children's Television

Cases and Notes on Children's Television, pp. 205-230
Semantic Battle over Children's TV, Supp., pp. 373-374

9. Format Regulation and Television Deregulation

Cases and Notes on Format Regulation, pp. 231-242
Cases and Notes on Television Deregulation, pp. 257-266
Chapter Six: Regulating Broadcasting: Fostering Competition in Broadcasting, pp. 267-320
FCC moving, cautiously, on ownership, Supp., pp. 375-384

10. Cable Television and Must Carry

A. Introduction

Chapter Eleven: Early Regulatory Responses to Cable, pp. 507-531 (background)
Chapter Twelve: Regulation of Cable, 1980-92, pp. 533-536 (background)
Notes on Telephone Regulation and Natural Monopoly, pp. 343-352 (background)

B. Must Carry Rules

Chapter Thirteen: Broadcast-Cable Relationships, pp. 537-555
Turner Broadcasting v. FCC (Turner I), pp. 555-572
Turner Broadcasting v. FCC (Turner II), pp. 572-596
Notes and Carriage of the Transmissions of Digital Television Broadcast Stations, Supp., pp. 385-398

11. Content Regulation of Cable

A. PEG and Leased Access Channels

Chapter Fourteen: Compelled Access, pp. 597-604
Time Warner Cable v. Bloomberg, Supp., pp. 399-411

B. Indecency

Cruz v. Ferre and Notes, pp. 605-608
Denver Area Educational Telecommunications Consortium v. FCC and Notes, pp. 608-623

12. Cable and Satellite

A. Cable Franchising Requirements

Chapter Sixteen, Franchising, pp. 625-636
Time Warner Entertainment Co. v. FCC, Supp., pp. 412-445

B. Direct Broadcast Satellite

In Re Implementation of Section 25 of the CTCPA: Direct Broadcast Satellite Public Interest Obligations, Supp., pp. 446-508

C. Fostering Competition in Cable Television

Controlling Horizontal and Vertical Ownership, pp. 637-654

13. The Internet

ACLU v. Reno, pp. 488-505
Child Online Protection Act, Supp., pp. 509-515
ACLU v. Reno (Reno II), Supp., pp. 516-520
Mainstream Loudoun v. Bd. of Trustees of Loudoun County Library, Supp., pp. 521-539