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Original Articles

The public interest standard and deregulation: The impact of the fairness doctrine

Pages 51-74 | Published online: 26 Jun 2007

References

  • People interviewed in this study included the general managers of the major commercial radio and television stations located in New York City. In addition, key personnel with leverage over network owned and operated ("0 & 0") and affiliated stations nationwide were included. These were the attorney who handles Fairness for the six Fox stations; the general manager of the only black "newsltalk" station in New York City; the person who handles Fairness policy for the entire ABC television network; the general counsel for NBC's five "o & o" TV stations; the Director of Operations for the ABC television network; the Vice-President of Program Practices for the CBS Broadcast Group and the attorney for the four NBC networks and eight radio stations. Each interview was conducted personally by the principal investigator during 1987.
  • Gerston , Larry N. , Fraleigh , Cynthia and Schwab , Robert . 1988 . The Deregulated Society , California : Brooks/Cole Publishing Company . Pacific Grove
  • Ibid. 234
  • Ibid
  • Bernstein , Marver H. 1955 . Regulating Business by Independent Commission , Princeton, New Jersey : Princeton University Press . Coombs, Fred S. “The Bases of Noncompliance with a Policy”. Policy Studies Journal 8 (Summer 1980):885-892; Edwards, George C. Implementing Public Policy, Congressional Quarterly, Inc., Washington, D.C., 1980; Pressman, Jeffrey L. and Wildavsky, Aaron. Implementation, University of California Press, Berkeley, California, 1973; and Van Meter, Donald S. and Van Horn, Carl E. “The Policy Implementation Process A Conceptual Framework”. Administration & Society 6 (February 1975):445-488.
  • Bernstein . 1955 . op. cit ,
  • Meter , Van and Horn , Van . 1955 . op.cit , : 450
  • Meter , Van and Horn , Van . 1949 . FCC Report on Editorializing , 13 FCC 1246
  • 47 U.S.C. 1934 sections 307 a and d, and 309 a.
  • FCC Report on Eiiitorializing, 13 FCC 1246 (1949).
  • The Fairness Doctrine - How it applies to Broadcasting and Cablecasting ("The Fairness Primer") (1981) found in Appendix 2 of the Fairness in Broadcasting Act of 1987. Report of the Senate Committee on Commerce, Science and Transportation on S. 742 100th Congress, 1 st Session, April 3 1987, p. 128.
  • Ibid. The Commission goes on to say, "It is the broadcaster who decides what issues are most important in its area. The FCC will not intervene in this or any other of the licensee's Fairness Doctrine decisions unless there is evidence that it acted unreasonably or in bad faith." Traditionally the FCC left this "first prong" of the Doctrine up to the judgment of the broadcaster. Most cases that came up to the Commission involved the "second prong," after a controversial issue had been broadcast.
  • Ibid
  • 395 U.S. 367 (1969)
  • Ibid. 390
  • Op. cit., footnote 10, supra.
  • Fairness Doctrine and Public Interest Standards ("Fairness Report"), 48 FCC 2d (1974).
  • FCC News Release Report No. 5068 (September 17 1981)
  • General Docket No. 84-282; FCC 85-459 (August 7 1985). Reproduced in the Federal Register 50 (August 30 1985):35418-3545
  • Ibid. 354 (Pagination refers to the Federal Register.)
  • Report of the Senate Comrmmrmttee on Commerce, Science and Trunsportution on S. 742, 100th Congress, 1st session, U.S. Government Printing Office, Washington, D.C., 1987.
  • Ibid. 28
  • Ibid.Ibid. This case is Meredith Colp. v. FCC, 809 F. 2d 863 (D.C. Cir. 1987). 5
  • Ibid. 32
  • Ibid. 29
  • Ibid. 4
  • Gerston, Fraleigh and Schwab, op. cit., p. vii.
  • Derthick , Martha and Quirk , Paul J. 1985 . The Politics of Deregulation , 35 – 53 . Washington, D.C : The Brookings Institution .
  • Gerston , Fraleigh and Schwab . 1985 . op.cit , : 66
  • Ibid. 69
  • Ibid. 72
  • Ibid. 75
  • Edwards , op. cit., 7
  • Van Meter and Van Horn, op. cit.
  • Lane , Robert E. 1966 . The Regulation of Businessmen , Hamden, Connecticut : Archon Books .
  • Ibid. 35
  • Birkby , Robert H. 1969 . “ The Supreme Court and the Bible Belt: Tennessee Reaction to the Schempp Decision ” . In The Impact of Supreme Court Decisions , Edited by: Becker , Theodore L. 106 – 117 . New York : Oxford University Press . Levine, James. “Constitutional Law and Obscene Literature: An Investigation of Bookseller Censorship Practices”, in Becker (ed.). Zbid., pp. 129-137; and Johnson, Richard M. The Dynamics of Compliance, Northwestern University Press, Evanston, Illinois, 1967
  • Meter , Van and Horn , Van . 1969 . op.cit , : 448
  • Ibid. 472
  • Pressman and Wildavsky . 1969 . op.cit , : xiv
  • The TV stations contacted were: WCBS, WNBC, WNYW, WABC, WWOR, WPIX. All are broadcast from New York except WWOR (located in Secaucus, New Jersey). In 1987, there were 43 radio stations that made the "ratings charts" in the metropolitan area (Arbitron rating service). According to B r h a s t i n g Aiag& radio editor, about 20 were considered "major commercial stations, " defined according to ratings and transmitter size. After the 20th largest station they receive only 1.5 or very splintered market shares. The 18 stations included in this study were: WHTZ FM, WRKS FM, WPLJ FM, WINS AM, WOR AM, WPAT FM, WBLS FM, WLTW FM, WNEW FM, WCBS AM and FM, WNBC AM, WYNY FM, WXRK FM, WQHT FM, WABC AM, WNEW AM and WFAN AM. WHTZ and WPAT declined requests for interviews.
  • Personal interview at the American Broadcasting Company in New York City, August 5 1987.
  • HEARING before the Subcommittee on Telecommunications and Finance of the Committee on Energy and Commerce, House of Representatives. 103rd Congress, 1 st session, U. S. Government Printing Office, Washington, D.C., 1993.
  • Telephone interview with Mr. Andrew Schwartzman, Executive Director of the Media Access Project, March 23 1994.
  • Wiley , Richard E. 1994 . Fairness in our Future? . Quil , March : 36 – 37 . This scenario was confirmed by Mr. John Windhausen, counsel to the U.S. Senate Committee on Commerce, Science and Transportation. Telephone interview, March 28 1994. Both Wiley and Windhausen mention the popular conservative radio and talk-show host Rush Limbaugh as the spearhead of this coalition. He termed the bill to re-establish Fairness as the "Hush Rush Law
  • HZGIRING, op. cir., pp. 12-14. See also Aufderheide, Patricia. "After the Fairness Doctrine: Controversial Programming and the Public Interest." Journal of Communication 40, 3 (1990).

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