A few possibly naive questions for DU barristers:

[Atticus]

Is not an FCC-granted broadcast license required to be treated as a "public trust"?

If so, does a longstanding history of consistently lying to the American public about extremely important political issues some sort of offense or violation of that trust?

Is revocation of license a possible consequence?

Has FOX not admitted just such a violation?

Thanks for any input.

[Ptah]

1. FCC does not regulate cable tv.

[Atticus]

3. So, there is nothing that can be done to prevent more "business as usual"? nt

[Ptah]

4. Nothing that the FCC can do.

[Atticus]

7. Thank you. nt

[Elessar Zappa]

10. We can encourage boycotts of advertisers and cable/dish

companies that keep Fox on the air. That’s about it.

[KPN]

6. Who does then?

[Ptah]

8. I don't know.

[Silent3]

18. No one does

The FCC can regulate broadcast TV the way that it does because broadcast bandwidth is treated as a public-owned limited resource. Only so many broadcasters can broadcast in the same geographical area at the same time without interfering with each other.

This limited resource in allocated only to those who agree to abide by FCC rules. Part of the deal is that, in exchange for getting a slice of this public commodity, a certain about of duty to serve the public must be met.

Cable TV isn't a treated as publicly owned or as a limited resource. The wires are privately owned, and transmission capacity isn't (greatly) depleted as the number of cable companies and content providers increases.

Some regulations still exist, like obscenity laws and "must carry" laws, but otherwise it's the wild west. It's difficult to regulate cable without running into First Amendment limitations.

[mahatmakanejeeves]

2. Not this again. NT

[Atticus]

5. ? nt

[mahatmakanejeeves]

16. Here's the answer at length. I was on a phone last night, and I had this on a laptop.

Last edited Thu Mar 9, 2023, 12:49 PM - Edit history (2)

The Fox Corporation has several divisions. One of those divisions is Fox News. Their programming is distributed via cable and satellite. The FCC does not regulate the content of programming on Fox News, because the FCC does not regulate the content of programming on any cable or satellite service.

There is an entirely separate division within the Fox Corporation called Fox Television or Fox Broadcasting; I'll have to look that up. Edit: it's the Fox Broadcasting Company.

https://en.wikipedia.org/wiki/Fox_Broadcasting_Company

More editing: to add to the complexity, there's yet another division, Fox Television Stations.

https://en.wikipedia.org/wiki/Fox_Television_Stations

My guess here is that Fox Television Stations owns the stations, that is, the buildings, the antenna, the property, and so forth. The programming that those stations broadcast is provided by Fox Broadcasting. Whatever Wikipedia says about this is all I know.

At any rate, those are the eighteen local stations. They broadcast over the air. I ought to know, as I have been watching local Fox affiliate WTTG since it was a DuMont affiliate.

https://en.wikipedia.org/wiki/WTTG

https://en.wikipedia.org/wiki/DuMont_Television_Network

It airs such programming as The Simpsons and whatever else shows up on Fox TV in prime time. It does not generally simulcast programming from Fox News, with one exception I can think of. On Sunday mornings, it does show one Fox News program. I forgot the name. I'll have to look that up and add it as an edit. Edit: It's "Fox News Sunday."

https://www.tvtv.us/dc/washington/20500/luUSA-OTA20500

The two divisions are separate. The programming is almost entirely different.

I watch WTTG over the air via a CECB (coupon-eligible converter box) or via the tuner in my flat screen TV. I use rabbit ears connected to those devices to snag the broadcasts. I pay nothing to watch WTTG. I do not have cable TV. I do not have a satellite dish.

With my existing setup, I am unable to watch Fox News. I'd have to sign up for cable TV or subscribe to some streaming service to watch Fox News.

Does this help?

[Atticus]

19. Thank you for the time you spent in writing that thoughtful response . nt

[Sanity Claws]

9. This was litigated back around 2000

Here is a link to the Wiki on the reporter involved.
https://en.wikipedia.org/wiki/Jane_Akre

[Joinfortmill]

11. Read it and weep...The Killing of the Fairness Doctrine.

https://en.wikipedia.org/wiki/FCC_fairness_doctrine

'On August 4, 1987, under FCC Chairman Dennis R. Patrick, the FCC abolished the doctrine by a 4–0 vote, in the Syracuse Peace Council decision,[35] which was upheld by a panel of the Appeals Court for the D.C. Circuit in February 1989, though the court stated in their decision that they made "that determination without reaching the constitutional issue."[36] The FCC suggested in Syracuse Peace Council that because of the many media voices in the marketplace, the doctrine be deemed unconstitutional, stating that:The intrusion by government into the content of programming occasioned by the enforcement of [the fairness doctrine] restricts the journalistic freedom of broadcasters ... [and] actually inhibits the presentation of controversial issues of public importance to the detriment of the public and the degradation of the editorial prerogative of broadcast journalists.

At the 4–0 vote, Chairman Patrick said'

[Bev54]

15. From what I have read the fairness doctrine would not have covered cable.

[progressoid]

12. The network isn't a broadcast network so the FCC doesn't have any power.

Individual stations may be licensed but the company isn't.

And station licenses don’t specify “news” or “entertainment”. A licensed station can swap from an “entertainment” format to a “news” format at any time.

[bluestarone]

13. I'm wondering how this administration CAN stop Tic Tok on all federal phones.

Could they do the same with FOX News on Federal prisons? (or anything federal)

[mahatmakanejeeves]

17. It's the Golden Rule. He who has the gold, rules. The Feds own the phones. NT

[moondust]

14. Probably needs new regs.

Couple of potential starting points:

When the Federal Trade Commission finds a case of fraud perpetrated on consumers, the agency files actions in federal district court for immediate and permanent orders to stop scams; prevent fraudsters from perpetrating scams in the future; freeze their assets; and get compensation for victims.When consumers see or hear an advertisement, whether it’s on the Internet, radio or television, or anywhere else, federal law says that ad must be truthful, not misleading, and, when appropriate, backed by scientific evidence.
~
Truth In Advertising

Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV.
~
https://www.fcc.gov/consumers/guides/obscene-indecent-and-profane-broadcasts