BRIGHT LINE RULE A judicial rule that helps resolve ambiguous issues by setting a basic standard that clarifies t he AMBIGUITY and establishes a simple response. The bright line rule exists to bring clarity to a law or regulation that could be read in two (or more) ways. Often a bright line is established when the need for a simple decision outweighs the need to weigh both sides of a particular issue. In the case of Knight v. Avon Products 2003, SJC 08876, the Massachusetts Supreme Judicial Court established a bright line rule for AGE DISCRIMINATION . The PLAINTIFF, who was over 40 years of age, was terminated from her position and claimed that her termination was the result of discrimination based on her age. The person who was hired to replace the plaintiff, however, was only 28 months younger. The DEFENDANT argued that the plaintiff’s age played no role in the termination decision, adding that 28 months is an insignificant difference. A trial court disagreed, but the high court agreed with the defendant. The court then went on to establish a bright line figure of five years or more for a valid age discrimination suit to be launched. The court arrived at this figure because it realized that to do otherwise could leave employers open to lawsuits if they replaced a worker with someone who was only two years younger. To avoid endless argument, the five-year figure was established. If there was a pattern of discriminatory behavior toward an employee, it might be possible to see a two- or three-year difference as enough to tip the balance against that employee. In the general COURSE OF EMPLOY- MENT issues, however, the court felt that this particular bright line would set a useful guide- line for both employees and employers. In Ohio v. Robinette 519 U.S. 33, 117 S.Ct. 417, 136 L. Ed. 2d 347, 1996, the U.S. Supreme Court reversed a bright line rule established by the Ohio State Supreme Court. Robinette was stopped by a DEPUTY sheriff for speeding. He complied with the deputy’s instructions; he handed over his driver’s license and stepped out of the car. A computer check of the license came up clean, and the deputy merely warned him not to speed again. Then he asked Robinette whether he had any drugs in his car. Robinette replied no and the deputy asked if he could search the car. Robinette agreed. The deputy found some marijuana and a pill that appeared to be a controlled substance, and he arrested Robinette. Robinette pleaded NO CONTEST and was found guilty, but the Ohio Court of Appeals reversed his conviction because he had been unlawfully detained. The Ohio Supreme Court, citing the FOURTH AMENDMENT, agreed and established the bright line rule that claimed the police were required to tell a citizen he was free to go before they could obtain a voluntary search consent. The U.S. Supreme Court reversed the decision, concluding that the Fourth Amend- ment had not been violated. Robinette had been lawfully detained for speeding, and the deputy had the right to ask him out of the car. As for the bright line rule, the Court rejected that as well. Under the Fourth Amendment, consent to a search must be voluntary, but being told one is free to go is not the sole criterion for determining whether the search is voluntary. Thus, the bright line established by the state court was not valid. Interestingly, one justice noted that the state court might have been able to establish a valid bright line rule if it had based the rule on state rather than federal law, since states have the freedom to impose stricter restrictions on police activity than the federal government’s restrictions. The case of FEDERAL ELECTION COMMISSION v. Christian Action Network 110 F. 3d. 1049 (4th Circuit 1997) upheld a bright line rule established earlier that protects free speech. The Federal Election Commission sued the Christian Action Netwo rk for using its corporate funds to pay for a television commercial that attacked President BILL CLINTON and Vice President AL GORE for their support of GAY AND LESBIAN RIGHTS. Under the Federal Election Campaign Act of 1971, it is illegal for a corporation to use treasury funds to campaign for or against a specific presidential candidate. The U.S. Supre me Court later stated that to ensure the law did not violate free speech, it had to follow a bright line: As long as a corporation did not use certain words in its communications, those communications, were protected and lawful. The words include “vote for,”“vote against,”“cast your ballot,”“defeat, reject,” and “support.” None of the bright line words appeared in the Christian Action Network’s commercial. It may have been unwelcome and, for many, offensive, but it did no t violate any election campaign regulations. The bright line rules in this case were established to ensure that there would be no political CENSORSHIP. The Supreme Court GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 128 BRIGHT LINE RULE differentiated between speech that advocated issues and speech that advocated election results. FURTHER READINGS Glaeser, Edward L., and Andrei Shleifer. 2002. “Legal Origins.” Quarterly Journal of Economics. Michaels, Dave. 2008. “Lawmakers Can Keep Ties to Stocks Secret.” The Dallas Morning News (May 16). Available online at http://www.law.gmu.edu/news/2008/rotunda_ stock_ties; website home page http://www.law.gmu.edu (accessed August 28, 2009). O’Dell, Larry. 1996. “FEC Again Loses Case against Group That Ran Ads on Clinton.” Virginian Pilot (August 4). Schuff, Sally. 2008. “USDA Issues ‘Bright Line’ Rule.” Feedstuffs 35 (September 1). Available online at http:// www.feedstuffs.com/ME2/dirmod.asp?sid=&nm= &type=Publishing&mod=Publications::Article&mid= AA01E1C62E954234AA0052ECD5818EF4&tier= 4&id=3716EB2936004322AFBD24311953432B; website home page: http://www.feedstuffs.com (accessed August 28, 2009). Willing, Richard. 2000. “Police to Get Broader Authority on Stops.” USA Today (January 13). BRING SUIT To initiate legal proceedings; to start an action for judicial relief. Under federal and most state law, a suit is commenced upon the filing of the first paper, which is the co mplaint, with the court. Statutes of limitations set forth time boundaries within which an action must be brought. BROADCASTING As a verb, to transmit programs or signals intended to be received by the public through radio, television, or similar means. As a noun, the radio, television, or other program received by the public through the transmission. In 1898 Guglielmo Marconi, a 24-year-old Italian, began the world’s first commercial radio service. For citizens of the United States, radio— and later television—not only introduced an abundance of entertainment and information, it also raised many legal questions surrounding its implementation and regulation. In radio’s earliest days, stations all broadcast at the same frequency; this situation posed problems be- cause althoughsome statio ns agreed to share their time, others attempted to broadcast stronger signals over those of their competitors. Problems continued even when stations began to broadcast on separate frequencies. Because broadcasting requires use of the airwaves for the transmission of its signals, and because the airwaves can carry only a limited number of signals, it soon became APPARENT that some form of regulation was necessary. In 1927 the Radio Act (47 U.S.C.A § 81 etseq.) became law, and the Federal Radio Commission (FRC) was created to police the broadcasting industry. Two important tenets of broadcasting were intro- duced by the law. The first was that stations must broadcast “in the public interest, convenience, or necessity.” The second was that the people, not the radio stations, owned the airwaves. In its efforts to see that the airwaves were used in the appropriate manner, government regulation faced obstacles as it attempted to ensure suitable government-funded programming, appropriate programming for children, and equal access to broadcasting for minorities. Additional chal- lenges were created by changing technology as CABLE TELEVISION went underground and satellite television took to outer space. The History of Radio In its infancy, broadcasting was much less controversial. Experimental radio broadcasting began in 1910 when Lee De Forest produced a program from the Metropolitan Opera House in New York City. Other experimental radio stations were started at the University of Wisconsin in Madison in 1915 and another in Wilkinsburg, Pennsylvania, a suburban of Pittsburgh, in 1916. Detroit radio station WWJ is considered the first commercial radio station in the United States. It began br oadcasting on August 20, 1920. Pittsburgh station KDKA grew out of the Wilkinsburg experimental station. Its broadcast President Franklin Delano Roosevelt delivers a 1935 radio address, one of his numerous “fireside chats.” The term was first used by a reporter to describe a Roosevelt radio address on May 7, 1933. FRANKLIN DELANO ROOSEVELT LIBRARY GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION BROADCASTING 129 of the 1920 presidential election results on November 2, 1920, is generally considered to have been the beginning of professional broad- casting. Although fewer than 1,000 receivers were tuned in, the excitement of the event created great publicity. Stations soon started appearing in all parts of the United States. By the end of 1924, 583 radio stations were transmitting, and more than 3 million receivers were tuned in. These stations transmitted radio signals using amplitude mod- ulation, the abbreviation of the term becoming the general category AM radio. AM broadcasts can be received at great distances because the radio transmissions bounce off the atmosphere and reach beyond the curve of the earth. However, AM signals are affected by static, thus reducing sound fidelity. Radio established itself as a national medi- um with the creation of the first radio network in 1926. In that year, the National Broadcasting Company (NBC), led by David Sarnoff, head of its PARENT COMPANY, Radio Corporation of America, presented its first national broadcast. Radio stations around the country entered into contracts with NBC that allowed them to receive an audio feed through a telephone line, which was then broadcast by the station’sradio transmitter. Apart from creating a national radio audience, NBC also introduced the financial cornerstone of commercial radio: networks and local stations would support themselves by selling advertising time. The success of NBC led to the creation of the Columbia Broadcasting System (CBS), led by William Paley. The success of radio produced problems as well. There was competition for frequencies and increased transmission power. The strongest AM stations have a power of 50,000 watts. At this strength, a station can be heard at night up to 1,000 miles away. The least powerful AM stations operate at 250 watts, which usually limits their range to one or two towns. Unregulated growth of the radio industry led in 1934 to the passage of the Communications Act (40U.S.C.A. § 791). This act created the Federal Commu- nications Commission (FCC), which replaced the FRC. The FCC began regulating broadcast- ing content. In the 1930s it banned over-the- air advertisement of hard liquor and lotteries. The period from 1925 to 1950 has been called the “Golden Age of Radio.” During this period, radio was a major source of family entertainment. Every night, families would gather around the radio and listen to news, music, comedies, and adventure dramas. Serial- ized stories aimed mainly at women, dubbed “soap operas,” became popular. They were called soap operas because they were initially sponsored by soap companies. President FRANKLIN ROOSEVELT became the first president to under- stand the power of radio. He regularly conducted “fireside chats” over the radio between 1933 and 1945. These informal talks helped Roosevelt gain support for his policies. The importance of radio as a national medium was reinforced during WORLD WAR II. Edward R. Murrow became a national figure when he broadcast from London during the early years of the war. Following the U.S. entrance into the war in December 1941, millions of Americans turned to the radio every day to hear the latest war news. The popularity of radio conti nued into the late 1940s until the beginning of television signaled radio’s rapid demise as the major source of home entertainment. The popularity of television was so great and so sudden that ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PER- MISSION OF GALE, A PART OF CENGAGE LEARNING. Use of Broadcast Media, 1980 to 2006 0 10 20 30 40 50 60 70 80 90 100 1980 1990 1995 2000 2006 Year Percentage of U.S. households using selected media SOURCE: U.S. Census Bureau, Statistical Abstract of the United States: 2009. Radio Television Telephone servic e VCR Wired cable television service Alternate cable delivery systems GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 130 BROADCASTING the FCC had to put a temporary freeze on the granting of license s, as the number of available broadcast channels was limited. As soon as the freeze was lifted, radio began to lose advertisers to the new medium. Network radio was nearly dead by the early 1950s because all of its greatest stars had moved their program s to television. NBC and CBS quickly shifted their focus to the creation of television networks. Faced with this sudden change, AM radio developed new formats. Music stations began to specialize in top 40 hits in popular music, country music, and rhythm and blues music. By the 1990s, talk radio had become a popular and profitable format, making national celebrities of political commentator Rush Limbaugh and “shock jocks” Howard Stern and Don Imus. Stern and Imus received the shock jock designation as a result of their raunchy and outrageous behavior on the air. Radio broadcasting experienced new growth in the 1960s and 1970s with the licensing of many FM radio stations. FM stations transmit radio signals by frequency modulation, hence the initials, FM. FM waves do not travel as far as AM waves, but they are not affected by static as much as AM waves. In addition, FM signals produce a much truer reproduction of sound. Since the late 1950s, FM stations have had the ability to broadcast in stereo. This development was a factor in the growth of the popularity of FM stations. Music from records and COMPACT discs can be transmitted in high fidelity. Despite the dominance of television, radio continues to play a major role in broadcasting. More than 10,000 radio stations were broad- casting in the United States by at the end of the twentieth century. The FCC continues to serve numerous roles in the radio broadcasting industry. It processes license applications, assigns frequencies and call signs, conducts hearings, enforces regulations, licenses radio operators, and carries out the provisions of the Communications Act. The U.S. Supreme Court has upheld the FCC’s right to police the airwaves for OBSCENE material. In FEDERAL COMMUNICATIONS COMMISSION v. Pacifica Foundation, 438 U.S. 726, 98 S. Ct. 3026, L. Ed. 2d 1073 (1978), a New York radio station owned by the Pacifica Foundation broadcast comedian George Carlin’s monologue on the “seven dirty words you can’t say on the radio.” When a listener complained to the FCC that he had heard the monologue in his car while his young son was present, the FCC investigated. Although it imposed no formal SANCTION, the FCC indicated that the complaint would be placed in the station’s license file. If any subsequent complaints were received, the commission stated that it would then decide whether any sanctions would be applied. One potential sanction was the loss of the station’s license, when it came up for renewal in three years. Justice JOHN PAUL STEVENS,writingforthe majority, noted that the “broadcast media have established a uniquely pervasive presence in the lives of all Americans.” Offensive material over the airwaves “confronts the citizen, not only in public, but also in the privacy of the home, where individuals’ right to be left alone plainly outweighs the FIRST AMENDMENT rights of an intruder.” In addition, broadcasting is “uniquely accessible to children, even those too young to read.” Thus, the Court ruled that the FCC had the constitutional right to take the action it did. In 1987 the FCC demonstrated its continu- ing interest in preventing the radio broadcast of indecent or obscene language when it threat- ened not to renew the licenses of several radio stations in New York and California that were engaged in “shock radio.” The talk programs, including one by Howard Stern, were inten- tionally controversial and given to large doses of PROFANITY and sexual innuendo. Although the FCC’s threats made headlines, there was little talk of challenging the agency’s regulations. The FCC had a hand in the growth of political talk radio shows such as Rush Lim- baugh’s when it repealed the “fairness doctrine” in 1987. Since 1934 the FCC had required broadcasters to devote a reasonable proportion of their airtime to discussion of important public issues. Until 1987 the FCC had inter- preted this doctrine to require broadcasters who ran editorials that criticized specific persons to provide notice to the persons involved and airtime for rebuttal. The Supreme Court upheld the FAIRNESS DOCTRINE as a reasonable balance between the PUBLIC INTEREST in hearing various points of view and the broadcaster’s interests in free expres- sion. Red Lion Broadcasting Co. v. Federal Communications Commission, 395 U.S. 367, 89 S. Ct. 1794, 23 L. Ed. 2d 371 (1969). Neverthe- less, the doctrine remained controversial until GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BROADCASTING 131 its repeal. Freed from this doctrine, radio show hosts such as Limbaugh were free to criticize public figures without having to give them airtime to respond. Although a radio license is considered property, a license does not have a constitutional right to a radio license, nor does a licensee obtain a vested interest in any frequency. The FCC continues to consider all applications for a licensee to use a radio frequency. Both new applicants and applicants seeking to renew their licenses must demonstrate to the FCC that the issuance or renewal of the license will serve the public interest. Congress has retained the right, through the FCC, to deny licenses or to eliminate existing radio stations. The FCC may eliminate a station upon a showing that the station engaged in misconduct, such as attempts to bribe an official of the FCC. The commission may also eliminate stations in order to allocate licenses fairly and equitably, as well as for considerations related to wavelengths, times of operation, and the relative power of stations among various states. The History of Television In 1928 General Electric (GE) displayed the first presentation on a television, but it was quite some time befor e the invention became a practical reality. The 1930s brought an excite- ment to those condu cting experiments on the new technology. They predicted that television would be as much a part of the life of the United States as radio had become. In 1939 the National Broadcasting Company (NBC) brought television to the world during the New York World’s Fair, and on February 1, 1940, it conducted the first official network television broadcast in the United States. In 1941 the FCC officially authorized commercial television, transferred television sound from AM to FM, and increased the resolution standards for broadcasts. By 1948 a total of 36 television stations were broadcasting, and more than 1 million television sets were receiving. So many applications for new stations were coming in to the FCC that a freeze on requests was instituted. In 1952 the freeze was lifted, and 70 ultrahigh-frequency (UHF) channels were added to those already available. By 1953 nearly 400 stations were providing coverage to nearly 90 percent of the United States; no medium in history could compare to television in its record-breaking implementation. The Future of Radio and Television As the popularity of television and radio continues to grow, controversy and concern continue to surround their implem entation and worth. Issues range from government regula- tion to suitable or ethical content. The future of the broadcast industry is in the hands of the courts and the government as they seek to determine the best possible means of making the broadcast media serve the needs of the society that has grown to depend on them. Cable Television Communications technology advanced again when cable television joined traditional broad- cast radio and television. Cable television, or community antenna television (CATV), pro- vides a means for otherwise inaccessible areas to receive broadcast signals that are in some way impeded. The FCC claimed authority over the regulation of cable television in 1966. The claim of this authority was challenged, but in 1968 it was upheld by the Supreme Court (United States v. Southwestern Cable Co., 392 U.S. 157, 88 S. Ct. 1994, 20 L. Ed. 2d 1001). Dealing with cable television has proved to be controversial. The standards that were originally establis hed in the Commun ications Act apply to broadcast television; cable televi- sion is not broadcast across the airwaves—it is transmitted through coaxial cable that may b e able to carry more than 200 channels. Because of this fact, some argue that cable television should be treated more like print media, such as newspapers and magazines, than like broadcast television. Because cable operators select the channels that they carry, they argue that they should be treated as “electronic publishers.” Such distinctions are significant because the U.S. Supreme Court has held that the First Amendment will tolerate more government regulation of the broadcast media than of the print media because the physical capacity of the airwaves is limited and cannot accommodate all the existing demand (FCC v. National Citizens Committee for Broadcasting, 436 U.S. 775, 98 S. Ct. 2096, 56 L. Ed. 2d 697 [1978]). In other words, without regulation, the competing voices on the airwaves would drown each other out. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 132 BROADCASTING In one form or another, government regula- tion is involved in two issues concerning cable television. One issue is whether cities may limit access to all or part of their territory to a single cable supplier. Many cities have granted what are essentially monopoly franchises, and this practice has been challenged by cable suppliers who argue that disallowing them a franchise interferes with their free speech rights. The cable franchise system that exists for cable operators was approved by Congress in 1984 in the Cable Communications Policy Act (15 U.S.C.A. § 21; 18 U.S.C.A. § 2511; 46 U.S.C.A. §§ 484–487; 47 U.S.C.A. § 35 et seq.). This act attempted to balance the interests of cable operators, who wanted less regulation, with the public-policy concerns of the cities, which wanted guarantees that poorer neighborhoods would be wired for cable and that educational and government programming would not be neglected. Under 47 U.S.C.A . §§ 541–543, a franchis- ing authority—usually a city or county—may award one or more franchises within its jurisdiction; in practice, most have chosen one. Franchising authorities are authorized to require cable operators to reserve channel space for public, educational, and government use. Operators may also be required to make space available for LEASE for commercial use by persons not affiliated with the operator. This system of franchising has been attacked from both sides. Some operators have become upset when their applications for franchises were denied in areas where other operators had established franchises. The public has also been concerned over the monopolistic nature of cable operators. Arguments often revolve around the issue of cable rates; competition among cable operators, it is argued, would also lead to competitive pricing of services. Despite this argument, very few franchising authoritie s choose to offer more than a single cable operator to an area’s residents. The second issue surrounding the regulation of cable television is whether the FCC’s “must- carry” rules, which require a cable operator to carry all local television stations, violate the First Amendment. The must-carry rules were insti- tuted in an effort to ensure that cable television would not undermine the financial viability of free community-oriented television by attract- ing so many viewers away from local broadcast television stations that the advertising revenues of those stations would plummet. In 1984, a federal appeals court held that the must-carry rules violated the First Amendment (Quincy Cable TV v. FCC, 768 F. 2d 1434 [D.C. Cir. 1985]). The Supreme Court denied review of the case, and the FCC eliminated the must- carry rules. The must-carry rules were problematic for one main reason: although most cable operators have the ability to carry many hundreds of channels, some can carry only a dozen. Requir- ing the latter to carry all local stations severely limited their ability to attract subscribers. Operators also argued that being forced to carry all local broadcasts caused cable systems to become saturated and deprived cable program- mers of opportunities to sell their services. Satellite Broadcasting The new technology of direct-broadcast satellite television is replacing transmission over the airwaves with transmission by satellite signals beamed to the home from space. Like cable television, despite its separation from conven- tional airwave broadcasting, the new technology has generated legal controversy. To maintain constant, direct contact be- tween itself and the recipients of its signals, a satellite must hold a geostationary orbit directly above Earth’s equator at an altitude of 22,300 miles. (A geostationary orbit is an orbit that keeps the satellite’s position fixed with respect to Earth.) The controversy surrounding satellite broadcasting comes not from any limit on the number of signals it can send but instead from the physical limitation of these geostationary orbits. The world saw its first geostationary satellite launched by the United States in 1963; as of 1992, the United States had 30 geostationary satellites orbiting Earth. By the mid-1980s the United States and other developed countries were quickly filling the equatorial orbit with satellites. Many developing countries feared that by the time they had developed the technology to put up their own satellites, the zone of geostationary orbit in space would be filled, and they would be forced to buy broadcast time from countries owning satellites that were already in orbit. In 1985 the International Telecommunication Union (ITU), an agency of the United Nations, established new procedures GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BROADCASTING 133 that would represent the interests of these developing countries. The ITU originally established a first-come, first-serve policy regarding the assignment of geostationary orbits. The World Administrative Radio Confe rence of 1985 upheld the continua- tion of this policy but also voted to guarantee at least one geostationary orbit to each country that was a member of the ITU. The decisions of the 1985 conference were finalized by another session in 1988. Although these decisions supported the interests of the United States in part—it could continue filling geostationary orbits—they caused concern for the FCC. The satellite technology of the United States would not, after all, be allowed to grow unchecked. Orbits that the United States had once assumed would be its to use were reallocated to other countries. The decisions of the World Adminis- trative Radio Conferences of the 1980s gave the FCC even greater cause for regulating the broadcast industry within the United States and for being more selective about who is granted geostationary orbits and a piece of a broadcast industry. Public Broadcasting Besides investigating developing technologies, the government and the FCC find themselves revisiting issues that have received attention from Congress, the broadcasting industry, and the public. One such issue is public television. The Corporation for Public Broadcasting (CPB) was established in 1967 as the official, nongovernment allocator of federal money to public television and radio stations across the United States. In 1992, less than 30 years after its creation, the corporation became a political issue for conservatives who objected to the content and perceived philosophy of public programming and to its partial reliance on U.S. tax dollars. The attacks began after the House of Representatives approved a bill in December 1991 that would increase spending for the corporation from $825 million to $1.1billion over a three-year period (H.R. Res. 2977, 102d Congress, 1st Sess.[1991]). (The bill was also passed by the Senate and signed into law in August 1992.) Political conservatives claimed that public broadcasting had a liberal BIAS,a bloated budget, and offensive programming. Complaints ranged from protests about two frank Public Broadcasting Service (PBS) specials on homosexuality, Tongues Untied and The Lost Language of the Cranes, to a claim that the Children’s Television Network program Sesame Street was educationally ineffective and no better than network cartoons. Public broadcasting claimed that without federal funding through the CPB, its more than 1,000 television and radio stations would cease to exist. Most experts agree that this is not true. Only 14 percent of the operating costs fo r public broadcasting is supplied by the federal government; the remainder comes from cor- porations, member donations, and other sources. In 1995 the CPB allocated $285.6 million to public broadcasting, and since 1968 Congress has budgeted more than $4 billion to that concern. Yet, if these funds were cut off, public broadcasting, although wounded, probably would survive. Polls showed that most people like public television and want it to continue, but as opposition gathers in Congress and the Senate, it appears that if public broadcasting is to continue, it may have to do so without federal funding. Telecommunications Act of 1996 Congress overhauled the TELECOMMUNICATIONS industry in 1996 with the enactment of the Telecommunications Act of 1996, Pub. L. No. 104-104,110 Stat. 56 (47 U.S.C.A. §§151 et seq.). This statute made a number of major changes to laws governing the telecommunica- tions industry. Among these were deregulatory measures, including provisions allowing local phone companies, long-distance companies, and cable companies to compete over the same services. Another provision requires television manufacturers to include circuitry that allows parents to screen out programming they do not wish their children to view, such as programs featuring violence. Congress intended for the act to facilitate competition in a variety of areas of the tele- communications market. Several of its provi- sions have failed. Rival telecommunications companies did not immediately enter each other’s markets, so consumers did not receive cost-savings benefits caused by the competition. FCC deregulation rules, according to many commentators, have been obscure and ineffec- tive, leading to several court challenges. Many of the problems have involved local and long- distance telephone companies, some of which GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 134 BROADCASTING have begun to offer “package” deals with local telephone use, long-distance plans, and Internet access. The Telecommunications Act of 1996 has also been the subject of several court challenges. Title V of the Telecommunications Act, the Communications Decency Act of 1996, sought to protect minors from exposure to indecent materials transmitted over the Internet. The Supreme Court, in a highly debated case, struck down most of those provisions on First Amendment grounds in Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S. Ct. 2329, 138 L. Ed. 2d 874(1997). The Telecommunica- tions Act also included so-called “signalbleed” provisions, requiring cable operators either to scramble channels containing sexually explicit materials or to limit programming on these channels to certain hours. The Supreme Court likewise struck down these requirements as impermissible content-based restrictions in violation of the First Amendment in United States v. Playboy Entertainment Group, Inc., 529 U.S. 803, 120 S. Ct. 1878, 146 L. Ed. 2d 865 (2000). Also under the Telecommunications Act, the FCC is required to review its broadcast ownership rules every two years to determine “whether any of such rules are necessary in the public interest as a result of competition.” If any regulation is no longer in the public interest, the Act requires the FCC to rep eal or mod ify it. In June 2003, the FCC issued its Report and Order, following the most comprehensive review of media ownership regulations in the agency’s history, along with a public record of more than 520,000 comments. In summary, the two most controversial new rules, adopted by a 3-2 vote, relaxed previous rules regarding the number of local television and radio stations one compan y could own (increased), and how much of the listening/viewing public market one company could reach (45 percent, up from 35 percent). The most palpable effect of this on the general public was a perceived loss of “localism,” potentially caused by large CONGLOM- ERATE media owners (with syndicated news and programming) buying out small, independent local station owners. From grass-roots groups to Democratic and Republican politicians alike, the greatest obje c- tion to the new FCC rules was that they would make the handful of media giants even more powerful. Among other concerns (e.g., limited local voice), smaller, independent stations could not compete with advertising, purchasing pro- gramming, or operation costs. Six conglomerates basically controlled the mass media/mass communications market. They were (1) Viacom-CBS-MTV; (2) FoxTV- Murdoch-HarperCollins-WeeklyStandard-New YorkPost-LondonTimes-DirecTV; (3) Time- Warner-CNN-AOL; (4) Disney-ABC-ESPN; (5) G.E NBC-Universal Studios-Vivendi; and (6) Comcast, the largest cable company. (In February 2004, Comcast bid to take over Disney in a $66 billion deal, resulting in the not-so- endearing reference by many industry-watchers to the above conglomerates as “the five sisters”) The new FCC rules continued to exempt cable companies from the “common carrier” rules that governed telephone companies be- cause cable companies did not rely on public airwaves. This effectively allowed them to circumvent requirements to open their systems to competing broadband-Internet providers, and also largely exempted them from media ownership rules. The new rules also modified the local radio ownership rule by revising the local rad io market definition. It replaced its signal contour method of defining local radio markets with a geographic market approach. Radio ownership caps remained at the previous levels. Finally, the new rules changed the “cross- media” limitations to a single limit for both radio/television and newspaper/broadcast cross- ownerships. Under the new rules, a company could own a newspaper and radio or television station in the same market. In smaller commu- nities, companies could own two television stations in the same market, and in large cities, they could own three television stations. In May 2008, the Senate overwhelmingly voted to overturn FCC’s media ownership rule. Conversion to Digital Signal By far the most wide-sweeping change to television broadcasting in many years has be en the conversion from analog to digital signals. Title III of the Deficit Reduction Act of 2005 (P.L. 109-171) mandated that by 2009 all free local television stations were required to turn off their analog channels (originally slated for a February 18, 2009 deadline) and continue broadcasting only in digital format. In order for GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BROADCASTING 135 non-cable or satellite television viewers to continue watching television, three choices were available. They could purchase new televisions formatted for digital signals (DTVs); attach their old analog televisions to a converter box (similar to the old cable boxes that sat on the tops of televisions) to receive the new signal; or purchase cable or satellite television broadcasting. In order to assist with the transition, the DTV Transition Assistance Act, P.L. 110-295, authorized funds to eligible low-power televi- sion stations toward purchase of digital-to- analog conversion devices. It further offered assistance to consumers, originally proposed as rebates, but later in the form of credit- card-like coupons that would substantially reduce the cost of purchasing a converter box from retail enterprises at the time of sale. Despite three years of preparation and publicizing, it became increasingly evident that insufficient numbers of U.S. consumers would be prepared for the transition by the February deadline date, which was then revised to become effective on June 12, 2009. A massive public information campaign was launched, and on June 12, analog television became history. Children There are concerns surrounding children and television other than whether Big Bird can survive without federal support. Radio and television reach no audience more impression- able than a country’s youth, and many contro- versies surround the exposure of children to sex and violence on television. Another perennial issue of concern for parents and others is the amount of exposure children have to television; time spent in front of the television might be better spent exercising the body and the mind. It is frequently argued that not enough educational programming is available to children. Since the inception of broadcast programming, education has always been considered an important aspect of it. The Children’s Television Act (47 U.S.C.A. § 303a et seq.) was enacted in 1990 in an effort to put more educational program ming on television. The response of broadcasters has been sluggish, prompting a harsh hearing before Congress in 1993. Despite this legislation, some maintain that next to nothing has been done to remedy the quality of children’s television, which House Telecommunications Subcommittee chairman Edward J. Markey (D-MA) referred to as“the video equivalent of a Twinkie.” Minorities As of 1978, only one percent of all radio and television stations in the United States were run by minorities. In an attempt to diversify broadcasting, the FCC adopted rules that year giving preferential treatment to minoriti es regarding applications for new station licenses and in taking over failed stations (47 U.S.C.A. § 309). During the Reagan administration, this reform was nearly defeated, but Congress saved it. Again, during the George H. W. Bush administration, an attempt to stop the FCC was launched, this time when the Justice Depart- ment asked the Supreme Court to rule against the new FCC guidelines. The effort to block reform met its final failure in 1990, when the Supreme Court ruled 5 to 4 to uphold the constitutionality of race-based licensing. The Court held that such affirmative action is allowable in the broadcasting market if its purpose is to “serve important governmental objectives” (Metro Broadcasting, Inc. v. F.C.C., 497 U.S. 547, 110 S. Ct. 2997, 111 L.Ed. 2d 445). Still, by 1990 fewer than five percent of all radio and televi sion licenses were held by minorities. Equal opportunity employment has also become a very important consideration in the process of renewing broadcasting licenses. The National Association for the Advancement of Colored People ( NAACP) reviews all applications closely to ensure that radio and television stations have provided an opportunity for the employment of minority groups. If any party, such as the NAACP, calls into question the practices of a station, a PETITION to deny can be filed. If the station cannot provide proof of compliance with equal opportunity standards, it can be denied renewal of its license. FURTHER READINGS Carter, T. Barton et al. 2000. Mass Communications Law in a Nutshell. 5th ed. St. Paul, Minn.:West. Federal Communications Commission. 2009. “Recent Actions.” Available online at http://www.fcc.gov/own- ership/actions.html; website home page: http://www.fcc .gov/ (accessed September 20, 2009) Flint, Joe. 1993. “Congress’ Message to Broadcasters: Get Your Children’s Act Together (House Telecommunica- tions Subcommittee Hearings).” Broadcasting and Cable (March15). Jessell, Harry A. 1995. “Compliance Pays Off at License Renewal Time, Lawyers Say.” Broadcasting and Cable (April 17). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 136 BROADCASTING ———. 1990. “FCC Begins to Implement Children’sTV Law (Federal Communications Commission on Chil- dren’s Television).” Broadcasting and Cable (October29). Lively, Donald. E. et al. 1997. Communications Law: Media, Entertainment, and Regulation. Cincinnati, OH:Ander- son. Straubel, Michael S. 1992. “Telecommunication Satellites and Market Forces: How Should the Geostationary Orbit Be Regulated by theFCC?” North Carolina Journal of International Law and Commercial Regulation 17 (winter). CROSS REFERENCES American Civil Liberties Union; Cable Television; Censor- ship; Courtroom Television Network; Fairness Doctrine; Federal Communications Commission; First Amendment; Freedom of Speech; Mass Communications Law; Telecom- munications; Television. v BROADHEAD, JAMES OVERTON James Overton Broadhead was born May 29, 1819, in Charlottesville, Virginia. He attended the University of Virginia from 1835 to 1836, studied law in St. Louis, Missouri, and received his license and established his law practice in Bowling Green, Missouri, in 1842. In 1845 Broadhead began his political career as a member of the Missouri Constitutional Convention. In the following year he participat- ed in the Missouri House of Representatives, and in 1850 became a member of the Missouri Senate, serving until 1853. Broadhead returned to the PRACTICE OF LAW, becoming a partner in a St. Louis firm in 1859. During the pre-Civil War era, Broadhead participated in activities that opposed the Southern cause. He was instrumental in the formation of the Committee of Safety, which restricted the i nfluence of pro-Southern fac- tions in St. Louis, and in 1861 was a member of the Missouri Constitutional Convention, which declared the loyalty of Missouri to the Union. In 1875 Broadhead attended the Missouri State Constitutional Convention, and in 1876 he gained prominence as government counsel for the Whiskey Ring cases, which involved BRIBERY and dishonesty in the collection of exorbitant liquor taxes. From 1883 to 1885, Broadhead represented Missouri in the U.S. House of Representatives, and was a member of the Judiciary Committee. During his later years, he served abroad, acting first as special COMMISSIONER to France in 1885, and later as minister to Switzerland for a two- year period. Broadhead died August 7, 1898, in St. Louis. BROKER A broker is an individual or firm employed by others to plan and organize sales or negotiate contracts for a commission. Brokers arrange contracts for property in which they have no personal interest, posses- sion, or concern. The broker is an intermediary or negotiator in the contracting of any type of bargain, acting as an agent for parties who wish to buy or sell stocks, BONDS, real or PERSONAL PROPERTY , commodities, or services. Rules appli- cable to agency are generally relevant to most transactions involving brokers. The client is considered the principal, and the broker acts as the client’s agent. An agent’s powers generally extend beyond those of a broker. A distinguish- ing feature between an agent and a broker is that a broker acts as a middleperson. When broker arrange a sale, they serve as agents of both parties. James Overton Broadhead 1819–1898 ❖ ❖ ◆ ◆ ◆ ◆ ◆ ◆ ◆ 1819 Born, Charlottesville, Va. 1835–36 Attended University of Virginia 1842 Established law practice in Missouri 1845 Participated in Missouri Constitutional Convention 1846 Member of Mo. House of Representatives 1850 Member of Mo. Senate 1853 Returned to private practice 1861–65 U.S. Civil War 1875 Member of Missouri State Constitutional Convention 1883–85 Served in U.S. House of Representatives 1876 Served as government counsel in Whiskey Ring cases 1898 Died, St. Louis, Mo. ▼▼ ▼▼ 1825 1800 1850 1875 1900 IF EVERY A MERICAN CITIZEN WOULD PERFORM THE DUTIES OF A CITIZEN THERE WOULD BE NO OCCASION OF INVOKING THE STRONG ARM OF ARBITRARY POWER TO PROTECT A PERSON OR HIS PROPERTY . —JAMES BROADHEAD GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BROKER 137 . LIBRARY GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION BROADCASTING 129 of the 1 920 presidential election results on November 2, 1 920 , is generally considered to have been the beginning of professional. http:// www.feedstuffs.com/ME2/dirmod.asp?sid=&nm= &type=Publishing&mod=Publications::Article&mid= AA01E1C62E95 423 4AA0052ECD5818EF4&tier= 4&id=3716EB2936004 322 AFBD24311953432B; website home page: http://www.feedstuffs.com (accessed August 28 , 20 09). Willing, Richard. 20 00. “Police. RESOURCES. REPRODUCED BY PER- MISSION OF GALE, A PART OF CENGAGE LEARNING. Use of Broadcast Media, 1980 to 20 06 0 10 20 30 40 50 60 70 80 90 100 1980 1990 1995 20 00 20 06 Year Percentage of U.S. households using