Joint Comments in the FCC's Indecency Proceedings
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Brief of Petitioner for FCC V. Fox Television Stations, 07-582
No. 07-582 In the Supreme Court of the United States ________________ FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, Petitioners, v. FOX TELEVISION STATIONS, INC., ET AL., Respondents. _________________ On Writ of Certiorari to the United States Court of Appeals for the Second Circuit _________________ AMICUS CURIAE BRIEF OF NATIONAL RELIGIOUS BROADCASTERS IN SUPPORT OF PETITIONERS ___________________ Craig L. Parshall Joseph C. Chautin III Counsel of Record Elise M. Stubbe General Counsel Mark A. Balkin National Religious Co-Counsel Broadcasters Hardy, Carey, Chautin 9510 Technology Dr. & Balkin, LLP Manassas, VA 20110 1080 West Causeway 703-331-4517 Approach Mandeville, LA 70471 985-629-0777 QUESTION PRESENTED FOR REVIEW Amicus adopts the question presented as presented by Petitioner. The question presented for review is as follows: Whether the court of appeals erred in striking down the Federal Communications Commission’s determination that the broadcast of vulgar expletives may violate federal restrictions on the broadcast of “any obscene, indecent, or profane language,” 18 U.S.C. § 1464, see 47 C.F.R. § 73.3999, when the expletives are not repeated. i TABLE OF CONTENTS QUESTION PRESENTED FOR REVIEW .................i TABLE OF AUTHORITIES .......................................v INTEREST OF AMICUS CURIAE ............................x STATEMENT OF THE CASE .................................xii SUMMARY OF ARGUMENT ..................................xii ARGUMENT ..............................................................1 I. THE FCC’S REASONS FOR ADJUSTING ITS INDECENCY POLICY WERE RATIONAL AND REASONABLE .....................1 A. The Court of Appeals Failed to Give the Required Deference and Latitude to the FCC ..................................................1 B. The FCC Gave Sufficient and Adequate Reasoning Why its Prior Indecency Policy Regarding Fleeting Expletives was Unworkable and Required Adjustment .................................3 1. -
Updated: 10/21/13 1 2008 Cable Copyright Claims OFFICIAL LIST No. Claimant's Name City State Date Rcv'd 1 Santa Fe Producti
2008 Cable Copyright Claims OFFICIAL LIST Note regarding joint claims: Notation of “(joint claim)” denotes that joint claim is filed on behalf of more than 10 joint copyright owners, and only the entity filing the claim is listed. No. Claimant’s Name City State Date Rcv’d 1 Santa Fe Productions Albuquerque NM 7-1-09 2 (JOINT) American Lives II Film Project, LLC; American Lives film Project, Inc., American Documentaries, Inc., Florenteine Films, & Kenneth L.Burns Walpole NH 7-1-09 3 William D. Rogosin dba Donn Rogosin New York NY 7-1-09 Productions 4 Intermediary Copyright Royalty Services St Paul MN 7-1-09 (Tavola Productions LLC) RMW Productions 5 Intermediary Copyright Royalty (Barbacoa, Miami FL 7-1-09 Inc.) 6 WGEM Quincy IL 7-1-09 7 Intermediary Copyright Royalty Services Little Rock AK 7-1-09 (Hortus, Ltd) 8 Intermediary Copyright Royalty Services New York NY 7-1-09 (Travola Productions LLC), Frappe, Inc. 9 Intermediary Copyright Royalty Services, Lakeside MO 7-1-09 Gary Spetz 10 Intermediary Copyright Royalty Services, Riverside CT Silver Plume Productions 7-1-09 Updated: 10/21/13 1 11 Intermediary Copyright Royalty Services Des Moines IA 7-1-09 (August Home Publishing Company) 12 Intermediary Copyright Royalty Serv (Jose Washington DC 7-1-09 Andres Productions LLC) 13 Intermediary Copyright Royalty Serv (Tavola Productions LLC New York NY 7-1-09 14 Quartet International, Inc. Pearl River NY 7-1-09 15 (JOINT) Hammerman PLLC (Gray Atlanta GA 7-1-09 Television Group Inc); WVLT-TV Inc 16 (JOINT) Intermediary Copyright Royalty Washington DC 7-1-09 Services + Devotional Claimants 17 Big Feats Entertainment L.P. -
NAB Comments Re: MMTC Ownership Study
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) 2010 Quadrennial Regulatory Review - ) MB Docket No. 09-182 Review of the Commission’s Broadcast ) Ownership Rules and Other Rules Adopted ) Pursuant to Section 202 of the ) Telecommunications Act of 1996 ) ) MB Docket No. 07-294 Promoting Diversification of ) Ownership in the Broadcasting Services ) COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS The National Association of Broadcasters (“NAB”)1 submits these comments in response to the Media Bureau’s Public Notice2 seeking comment on a study commissioned by the Minority Media and Telecommunications Council (“MMTC”) entitled, “The Impact of Cross Media Ownership on Minority/Women Owned Broadcast Stations” (the “MMTC Study”).3 As discussed in detail below, this survey reconfirms the very substantial evidence in the record in this proceeding as to the challenges that all local broadcasters experience in today’s highly competitive media marketplace. NAB also again urges the Commission to adopt incentive-based approaches grounded in marketplace realities to promote a more diverse broadcast industry. 1 The National Association of Broadcasters is a nonprofit trade association that advocates on behalf of free local radio and television stations and broadcast networks before Congress, the Federal Communications Commission and other federal agencies, and the courts. 2 Media Bureau Invites Comments on Study Submitted by the Minority Media and Telecommunications Council in 2010 Quadrennial Review of Broadcast Ownership Rules, Public Notice, MB Docket Nos. 09-182, 07-294, DA 13-1317 (Jun. 7, 2013) (“Public Notice”). 3 Fratrik, Dr. Mark R., Vice President and Chief Economist, BIA/Kelsey, “The Impact of Cross Media Ownership on Minority/Women Owned Broadcast Stations” (May 30, 2013). -
Supreme Court of the United States ______FEDERAL COMMUNICATIONS COMMISSION, Et Al., Petitioners, V
No. 10-1293 IN THE Supreme Court of the United States _________ FEDERAL COMMUNICATIONS COMMISSION, et al., Petitioners, v. FOX TELEVISION STATIONS, INC., et al., Respondents. _________ On Writ of Certiorari to the United States Court of Appeals for the Second Circuit _________ BRIEF OF RESPONDENTS CENTER FOR CREATIVE VOICES IN MEDIA AND THE FUTURE OF MUSIC COALITION _________ *Andrew Jay Schwartzman Chrystiane B. Pereira Media Access Project 1625 K Street, NW Suite 1000 Washington, DC 20006 (202) 232-4300 [email protected] November 3, 2011 * Counsel of Record i QUESTION PRESENTED Whether the court of appeals properly determined that the Federal Communications Commission‘s (FCC) context-based indecency policy is unconsti- tutionally vague and accordingly unenforceable. ii CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Center for Creative Voices in Media and Future of Music Coalition (jointly ―Cen- ter‖) respectfully submit this corporate disclosure statement. The Center of Creative Voices in Media does not have a parent company and no publicly held company owns 10 percent or more of stock therein. The Future of Music Coalition does not have a parent company and no publicly held company owns 10 percent or more of stock therein. iii TABLE OF CONTENTS QUESTION PRESENTED........................................... i CORPORATE DISCLOSURE STATEMENT ............ ii TABLE OF AUTHORITIES ....................................... iv STATEMENT .............................................................. 1 SUMMARY OF ARGUMENT ..................................... 6 ARGUMENT ............................................................... 8 I. Nothing in Pacifica Authorizes the FCC‘s New Indecency Policy ...................... 9 A. Pacifica Was A Narrow Ruling Proceeding From the Expecta- tion That The Commission Would Tread Cautiously ..................... 10 B. The FCC‘s Impermissibly Va- gue New Policy Has Had A Chilling Effect .................................... -
Building a Better Mousetrap: Patenting
631 RICHARD & WEINERT 2/28/2013 3:57 PM PUNTING IN THE FIRST AMENDMENT‘S RED ZONE: THE SUPREME COURT‘S ―INDECISION‖ ON THE FCC‘S INDECENCY REGULATIONS LEAVES BROADCASTERS STILL SEARCHING FOR ANSWERS Robert D. Richards* & David J. Weinert** I. INTRODUCTION Just one week before rendering its controversial landmark decision on the Patient Protection and Affordable Care Act1— arguably the most anticipated ruling of the October 2011 Term—the U.S. Supreme Court sidestepped the longstanding question of whether the First Amendment, given today‘s multifaceted media landscape, no longer permits the Federal Communications Commission to regulate broadcast indecency on the nation‘s airwaves. The Court‘s narrow ruling in FCC v. Fox Television Stations, Inc.2 (―Fox II‖) let broadcasters off the hook for the specific on-air transgressions that brought the case to the Court‘s docket— twice3—but did little to resolve the larger looming issue of whether such content regulations have become obsolete. Justice Anthony Kennedy, writing for a unanimous Court, instead concluded that ―[t]he Commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent.‖4 As a result of this lack of notice, ―the Commission‘s standards as applied * John & Ann Curley Professor of First Amendment Studies and Founding Director of the Pennsylvania Center for the First Amendment at The Pennsylvania State University. Member of the Pennsylvania Bar. ** Lecturer, Communication Arts & Sciences and Ph.D. candidate, Mass Communications, The Pennsylvania State University. 1 See Nat‘l Fed‘n of Indep. -
Broadcast Actions 11/21/2007
Federal Communications Commission 445 Twelfth Street SW PUBLIC NOTICE Washington, D.C. 20554 News media information 202 / 418-0500 Recorded listing of releases and texts 202 / 418-2222 REPORT NO. 46617 Broadcast Actions 11/21/2007 STATE FILE NUMBER E/P CALL LETTERS APPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O N Actions of: 11/15/2007 TELEVISION APPLICATIONS FOR ASSIGNMENT OF LICENSE GRANTED AR BALCT-20070705AAR KTVE 35692 PIEDMONT TELEVISION OF Voluntary Assignment of License, as amended MONROE EL DORADO LICENSE From: PIEDMONT TELEVISION OF MONROE/EL DORADO LICENSE E CHAN-10 LLC LLC To: MISSION BROADCASTING, INC. AR , EL DORADO Form 314 Actions of: 11/16/2007 FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED WY BMPH-20070622ABG KXMP 166000 WHITE PARK BROADCASTING, Mod of CP to chg INC. E 102.1 MHZ Dismissed per applicant's 11/9/2007 request 11/16/2007 WY , HANNA (no letter sent) WY BMPH-20070628ACH KYPT 166004 WHITE PARK BROADCASTING, Mod of CP to chg INC. E 104.3 MHZ Engineering Amendment filed 09/24/2007 WY , WAMSUTTER Dismissed per applicant's 11/13/2007 request 11/16/2007 (no letter sent) Page 1 of 18 Federal Communications Commission 445 Twelfth Street SW PUBLIC NOTICE Washington, D.C. 20554 News media information 202 / 418-0500 Recorded listing of releases and texts 202 / 418-2222 REPORT NO. 46617 Broadcast Actions 11/21/2007 STATE FILE NUMBER E/P CALL LETTERS APPLICANT AND LOCATION N A T U R E O F A P P L I C A T I O N Actions of: 11/16/2007 TV TRANSLATOR OR LPTV STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED TX BNPTVL-20000830BLH NEW 130257 JOHN R. -
The Pennsylvania State University the Graduate School Donald P
The Pennsylvania State University The Graduate School Donald P. Bellisario College of Communications BROADCASTING, THE FCC, AND PROGRAMMING REGULATION: A NEW DIRECTION IN INDECENCY ENFORCEMENT A Dissertation in Mass Communications by David J. Weinert Ó 2018 David J. Weinert Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy May 2018 The dissertation of David J. Weinert was reviewed and approved* by the following: Robert D. Richards John and Ann Curley Distinguished Professor of First Amendment Studies Dissertation Advisor and Chair of Committee Robert M. Frieden Pioneer Chair and Professor of Telecommunications and Law Matthew S. Jackson Head, Department of Telecommunications and Associate Professor Thomas M. Place Professor of Law, The Dickinson School of Law at Penn State Matthew P. McAllister Chair of Graduate Programs and Professor *Signatures are on file in the Graduate School ABSTRACT The U.S. Supreme Court, in June 2012, left broadcasters in a “holding pattern” by dodging the longstanding question of whether the Federal Communications Commission’s broadcast indecency policy can survive constitutional scrutiny today given the vastly changed media landscape. The high court’s narrow ruling in FCC v. Fox Television Stations, Inc. exonerated broadcasters for the specific on-air improprieties that brought the case to its attention, but did little to resolve the larger and more salient issue of whether such content regulations have become archaic. As a result, the Commission continues to police the broadcast airwaves, recently sanctioning a Roanoke, Virginia television station $325,000 for alleged broadcast indecency. This dissertation yields an in-depth analysis and synthesis of the legal obstacles the FCC will encounter in attempting to establish any revamped policy governing broadcast indecency. -
The FCC, Indecency, and Regulatory Transformations in the Shadows, 65 Admin
University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2013 "Smut and Nothing But": The CF C, Indecency, and Regulatory Transformations in the Shadows Lili Levi University of Miami School of Law, [email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Entertainment, Arts, and Sports Law Commons, and the First Amendment Commons Recommended Citation Lili Levi, "Smut and Nothing But": The FCC, Indecency, and Regulatory Transformations in the Shadows, 65 Admin. L. Rev. 509 (2013). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. ARTICLES "SMUT AND NOTHING BUT"*: THE FCC, INDECENCY, AND REGULATORY TRANSFORMATIONS IN THE SHADOWS LILI LEVI" TABLE OF CONTENTS Introduction .......................................... 511 I. The FCC's Indecency Regime ................................519 A. History of Indecency Regulation .............. ...... 520 B. The Indecency Policy in the Courts ................... 530 II. Beyond Fleeting Expletives-The Full Range of Changes to the FCC's Indecency Policy ................ ................... 536 A. Changes Regarding Remedies............. ................. 537 1. Fines..................... ............... -
But[T]... the Federal Communications Commission Will Not Let
WLR45-2_QUALE_EIC2_SAC_12_16_08_CQ_FINAL_REVIEW 12/18/2008 11:35:12 AM HEAR AN [EXPLETIVE], THERE AN [EXPLETIVE], BUT[T] . THE FEDERAL COMMUNICATIONS COMMISSION WILL NOT LET YOU SAY AN [EXPLETIVE] COURTNEY LIVINGSTON QUALE∗ I. AN OVERVIEW Broadcast television and broadcast radio2 are integral parts of American society. So integral, in fact, that often these mediums are taken for granted. To many Americans, broadcast television and broadcast radio are one of the few free things left in life. Anyone who owns a ten dollar radio or a fifty dollar television can watch their favorite new episode of Grey’s Anatomy, Sixty Minutes, or Lost and listen to their favorite songs or commentary on KNRK, Z100, or NPR. Because broadcast television and broadcast radio are typically taken for granted, hardly anyone questions the conditions that a regulatory governmental agency places upon the organizations that ∗ J.D. Willamette University College of Law, May 2008; B.S. University of Miami, May 2005. I would like to thank those who not only have helped me with this article, but also those who have helped me reach this point in my life—a point at which my thoughts are of a publishable quality. I thank you all most kindly. From the University of Miami I want to thank Professors S.L. Harrison and Robert Stahr Hosmon, who initially cultivated any writing talent I may have. Also from Miami, I would like to thank Professors Cynthia Cordes and Danny Paskin, who have unabashedly encouraged me over years. From Willamette University College of Law I want to thank Professor Ed Harri and Rachael Rogers, again for helping me learn how to write, think, and analyze. -
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Remand of Section III.B of the Commission’s ) DA 06-1739 March 15, 2006 Omnibus Order Resolving ) Numerous Broadcast Television Indecency ) Complaints ) JOINT COMMENTS OF FOX TELEVISION STATIONS, INC., CBS BROADCASTING INC., NBC UNIVERSAL, INC. AND NBC TELEMUNDO LICENSE CO. Ellen S. Agress Carter G. Phillips Maureen O’Connell R. Clark Wadlow FOX TELEVISION STATIONS, INC. James P. Young 1211 Avenue of the Americas Jennifer Tatel New York, NY 10036 David S. Petron (212) 252-7204 SIDLEY AUSTIN LLP 1501 K St., N.W. Washington, D.C. 20005 (202) 736-8000 Counsel for Fox Television Stations, Inc. Susanna Lowy Robert Corn-Revere Anne Lucey Ronald G. London CBS BROADCASTING, INC. Amber L. Husbands 51 West 52nd Street DAVIS WRIGHT TREMAINE LLP New York, NY 10019 1500 K Street, N.W., Suite 450 (212) 975-3406 Washington, DC 20005 (202) 508-6600 Counsel for CBS Broadcasting Inc. Susan Weiner Miguel A. Estrada F. William LeBeau Andrew S. Tulumello NBC UNIVERSAL, INC. GIBSON, DUNN & CRUTCHER LLP 30 Rockefeller Plaza 1050 Connecticut Ave., N.W. New York, NY 10112 Washington, DC 20036-5306 (202) 995-8500 Counsel for NBC Universal, Inc. and NBC Telemundo License Co. September 21, 2006 TABLE OF CONTENTS Page Table of Contents............................................................................................................................. i INTRODUCTION ...........................................................................................................................1 ARGUMENT...................................................................................................................................5 I. THE COMMISSION’S NEW INDECENCY ENFORCEMENT REGIME VIOLATES THE ADMINISTRATIVE PROCEDURE ACT. ...........................................5 II. THE CURRENT INDECENCY REGIME, AS IT RELATES TO POTENTIALLY OFFENSIVE WORDS, IS UNCONSTITUTIONAL. ............................6 A. The Current Indecency Regime Is Unconstitutionally Vague And Impermissibly Chills Protected Speech. -
The Federal Communication Commission's New Enforcement
Duquesne Law Review Volume 48 Number 3 Article 7 2010 The Federal Communication Commission's New Enforcement Policy, Which Penalizes Broadcasters for Airing Even a "Fleeting Expletive" in Violation of the Statutory Indecency Ban, is Not Arbitrary and Capricious under the Administrative Procedure Act: FCC v. Fox Television Stations, Inc. Brittany A. Roof Follow this and additional works at: https://dsc.duq.edu/dlr Part of the Law Commons Recommended Citation Brittany A. Roof, The Federal Communication Commission's New Enforcement Policy, Which Penalizes Broadcasters for Airing Even a "Fleeting Expletive" in Violation of the Statutory Indecency Ban, is Not Arbitrary and Capricious under the Administrative Procedure Act: FCC v. Fox Television Stations, Inc., 48 Duq. L. Rev. 699 (2010). Available at: https://dsc.duq.edu/dlr/vol48/iss3/7 This Recent Decision is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Duquesne Law Review by an authorized editor of Duquesne Scholarship Collection. The Federal Communication Commission's New Enforcement Policy, Which Penalizes Broadcasters for Airing Even a "Fleeting Expletive" in Violation of the Statutory Indecency Ban, Is Not Arbitrary and Capricious Under the Administrative Procedure Act: FCC v. Fox Television Stations, Inc. ADMINISTRATIVE LAW AND PROCEDURE-Ju~iCIAL REVIEW OF ADMINISTRATIVE DECISIONS-SCOPE OF JuDiciAL REVIEW-The Supreme Court of the United States held that an independent government agency, such as the FCC, must only show good reason for changing its prior policy to be in compliance with the Adminis- trative Procedure Act. The agency is not required to articulate why the new policy is, in fact, a better choice than its prior policy. -
2010 Satellite Claims
2010 SATELLITE CLAIMS NO. CLAIMANTS NAME CITY STATE DATE RCV’D 1 Intermediary Copyright Royalty Services Washington DC 7-1-11 (2010 Gray TV Satellite) Gray Television Group, Inc. 2 Intermediary Copyright Royalty Services Washington DC 7-1-11 (2010 MLS Satellite); Major League Soccer, LLC 3 Intermediary Copyright Royalty Services Washington DC 7-1-11 (2010 Little League Satellite); Little League Baseball Incorporated 4 The John F. Kennedy Center for the Washington DC 7-1-11 Performing Arts 5 (JOINT) Intermediary Copyright Royalty Washington DC 7-1-11 Services (2010 Joint Program Suppliers) 6 (JOINT) Intermediary Copyright Royalty Washington DC 7-1-11 Services (2010 Devotional Satellite 7 (JOINT) Broadcast Music, Inc. New York NY 7-1-11 8 Multimedia Holdings Corporation McLean VA 7-1-11 (KARE-TV) 9 Jonathan T. McCants, Esq.; Coral Ridge Atlanta GA 7-1-11 Ministries Media, Inc. 10 WSYX Licensee, Inc. Columbus OH 7-1-11 11 Columbus (WTTE-TV) Licensee, Inc. Columbus OH 7-1-11 12 Multimedia Holdings Corporation McLean VA 7-5-11 (KUSA-TV) 13 Multimedia Holdings Corporation; McLean VA 7-5-11 KTVD-TV 14 (JOINT) CBS Studios, A CBS Company; Santa Monica CA 7-5-11 Republic Distribution Corp.; Worldivision Enterprises, Inc.; Big Ticket Productions, Inc.; Spelling Television Inc.; Republic Entertainment, Inc; Republic Entertainment, Inc; Republic Pictures Enterprises; Big Ticket Pictures, Inc.; Big Ticket Television, Inc.; Showtime Networks, Inc. 15 (JOINT) Paramount Pictures Corporation; Los Angeles CA 7-5-11 Melange Pictures, LLC; DW Studios L.L.C; fka Dreamworks L.L.C. 16 Philip R.