System/Policy
Mission: aid at-risk stations to prevent loss of spectrum
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“There are only so many channels for noncommercial television in the United States. If those are lost, they will never come back.”
History of public media
FCC Notice on DBS Public Interest Obligations, November 1998
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Before the FCC 98-307
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of Implementation of Section 25 of the Cable Television Consumer Protection and Competition Act of 1992 Direct Broadcast Satellite Public Interest Obligations
MM Docket 93-25
REPORT AND ORDER
Adopted: November 19, 1998
Released: November 25, 1998
By the Commission: Chairman Kennard issuing a statement; Commissioners Furchtgott-Roth; Powell and Tristani dissenting in part and issuing seperate statements. TABLE OF CONTENTS
I. INTRODUCTION
II. BACKGROUND
III. SUMMARY
IV. DISCUSSION paragraph
A. Definition of Providers of DBS Service
1.
Public Media Policybase
Noncomm DBS set-aside upheld in Time Warner v. FCC decision, 1996
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This 1996 federal Circuit Court opinion upholds a provision of the 1992 Cable Act that mandates noncommercial educational or informational programming on 4-7 percent of DBS operators’ channel capacity [DBS provision]. The law was not challenged by DBS operators but by Time Warner, which opposed many provisions of the Cable Act. The decision was a major victory for public TV, which had tried for years to obtain reserved channels in the new media that would be comparable to the FM and TV channel reservations of earlier decades. [Current coverage: appeal verdict, FCC rules.]
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 20, 1995; Decided August 30, 1996
No. 93-5349
TIME WARNER ENTERTAINMENT CO., L.P., APPELLANT/PETITIONER
v.
FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA, APPELLEES/RESPONDENTS
ASSOCIATION OF AMERICA’S PUBLIC TELEVISION STATIONS, ET AL., INTERVENORS
Consolidated with Nos.
Public Media Policybase
Reservation of noncomm DBS channels upheld, 1996
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This 1996 Circuit Court opinion upholds a provision of the 1992 Cable Act that mandates noncommercial educational or informational programming on 4-7 percent of Direct Broadcast Satellite operators’ channel capacity (DBS provision). The law was not challenged by DBS operators but by Time Warner, which opposed many provisions of the Cable Act. The decision was a major victory for public TV, which had tried for years to obtain reserved channels in the new media that would be comparable to the FM and TV channel reservations of earlier decades. (Current coverage: appeal verdict, FCC rules.)
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 20, 1995; Decided August 30, 1996
No. 93-5349
TIME WARNER ENTERTAINMENT CO., L.P., APPELLANT/PETITIONER
v.
FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA, APPELLEES/RESPONDENTS
ASSOCIATION OF AMERICA’S PUBLIC TELEVISION STATIONS, ET AL., INTERVENORS
Consolidated with Nos.