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  • National Broadcasting Co. v. US

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    Reid Murtaugh
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    The FCC promulgated regulations to address antitrust concerns about chain broadcasting, where radio stations simultaneously broadcast identical programs. NBC and other major networks challenged the FCC's authority. The Supreme Court held that the Communications Act of 1934 authorized the FCC to regulate licensing as required by the "public interest, convenience, or necessity." The Court reasoned the FCC could regulate radio traffic composition and prevent wasteful licensing that harms the public. Agreements limiting stations' programming granted major networks an illegal monopoly. The regulations did not violate the First Amendment as radio access requires licensing and is not freely available to all. Congress also had power under the Commerce Clause to establish this licensing system.

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    The FCC promulgated regulations to address antitrust concerns about chain broadcasting, where radio stations simultaneously broadcast identical programs. NBC and other major networks challenged the FCC's authority. The Supreme Court held that the Communications Act of 1934 authorized the FCC to regulate licensing as required by the "public interest, convenience, or necessity." The Court reasoned the FCC could regulate radio traffic composition and prevent wasteful licensing that harms the public. Agreements limiting stations' programming granted major networks an illegal monopoly. The regulations did not violate the First Amendment as radio access requires licensing and is not freely available to all. Congress also had power under the Commerce Clause to establish this licensing system.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    984 views1 page

    National Broadcasting Co. v. US

    Uploaded by

    Reid Murtaugh
    The FCC promulgated regulations to address antitrust concerns about chain broadcasting, where radio stations simultaneously broadcast identical programs. NBC and other major networks challenged the FCC's authority. The Supreme Court held that the Communications Act of 1934 authorized the FCC to regulate licensing as required by the "public interest, convenience, or necessity." The Court reasoned the FCC could regulate radio traffic composition and prevent wasteful licensing that harms the public. Agreements limiting stations' programming granted major networks an illegal monopoly. The regulations did not violate the First Amendment as radio access requires licensing and is not freely available to all. Congress also had power under the Commerce Clause to establish this licensing system.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 1

    National Broadcasting Co. v.

    United States
    United States Supreme Court
    319 U.S. 190 (1943)

    Key Search Terms: antitrust, broadcasting, Federal Communications


    Commission (FCC), (NBC), monopoly, radio

    Facts
    NBC and other major network radio stations challenged the FCC’s power to
    enforce its recommended changes to radio broadcasting regulations. Prior to
    the promulgation of these regulations, the FCC’s committee held hearing for six
    months to specifically address antitrust concerns about chain broadcasting.
    Chain broadcasting is the “simultaneous broadcasting of an identical program
    by two or more connected stations.” Congress granted the FCC the power to
    regulate the licensing of stations through the Communications Act of 1934
    (“Act”).

    Issue
    Did Congress authorized the FCC to exercise the power asserted by the Chain
    Broadcasting Regulations, and if it did, does the Constitution forbids the
    exercise of such authority?

    Holding
    The standard set by Congress was that regulations must be for “public interest,
    convenience, or necessity.” The Court reasoned that the Act itself established
    that the FCC’s powers extended to the regulation of the composition of radio
    traffic. The Court further reasoned that because of the limited number of radio
    stations, they cannot be left to wasteful use without harm to the public
    interest. Furthermore, if a licensee enters into a contract with a network
    organization, which limits his ability to make the best use of the radio facility
    assigned to him, he does not serve the public interest. Agreements like this
    have essentially granted the major broadcasting companies a monopoly on the
    radio market. Thus, the FCC has the power to regulate the licensing of
    stations in the interests of “public interest, convenience, or necessity.” The
    Court also held that the FCC regulations were constitutional. The regulations
    were not a violation of the First Amendment because unlike other modes of
    expression, radio inherently is not available to all. Thus, free speech does not
    include the right to use the facilities of radio without a license. Finally, the
    Court held that Congress also has power under the Commerce Clause to
    establish a licensing system to control interstate communications.

    Summarized by: Lucy Wess

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