ABSTRACT

Although many electronic media are privately owned, the broadcast spectrum is considered a public resource or, more specifically, a limited public resource. The technical capacity exists for an almost unlimited number of channels, as spectrum divisions are traditionally known. Under "must carry" provisions of the Act, cable operators were required to carry the signals of local broadcast stations on their systems. The Federal Communications Commission (FCC) appeared to be taking the side of consumers when it approved new privacy rules preventing telecommunications and cable companies. The FCC considerably expanded the Aspen decision by ruling in 1983 that even debates sponsored by broadcasters themselves would be exempt under Section 315(a)(4) as on-the-spot news coverage. One of the more interesting provisions of Section 315 is its strong prohibition of censorship. The Court felt it would be unfair to prohibit censorship while holding broadcasters liable for consequences of compliance.