FCC and Ofcom What is the FCC Federal

FCC and Ofcom

What is the FCC? • Federal Communications Commission • United States government agency over seen by congress • Moderate what goes on the television and radio in all 50 states and District of Colombia

About the FCC • Established by communications act in 1934 • Their goal: “Support the nation’s economy by ensuring an appropriate competitive framework for the unfolding of the communications revolution” • Revise media regulations to make sure its updated

How important is the FCC in the Unites States? Government agency directed by 5 commissioners • • • appointed by the President only 3 can be the same political party at the same time • • Helps eliminate bias (conservative/liberal)

TV-Y (All Children -- This program is designed to be appropriate for all children. ) Whether animated or live-action, themes and elements in this program are specifically designed for a very young audience, including children from ages 2 -6. This program is not expected to frighten younger children. TV-Y 7 (Directed to Older Children -- This program is designed for children age 7 and above. ) It may be more appropriate for children who have acquired the developmental skills needed to distinguish between make-believe and reality. Themes and elements in this program may include mild fantasy or comedic violence, or may frighten children under the age of 7. Therefore, parents may wish to consider the suitability of this program for their very young children. Note: For those programs where fantasy violence may be more intense or more combative than other programs in this category, such programs will be designated TV-Y 7 -FV. For programs designed for the entire audience, the general categories are:

• TV-G (General Audience -- Most parents would find this program suitable for all ages. ) Although this rating does not signify a program designed specifically for children, most parents may let younger children watch this program unattended. It contains little or no violence, no strong language and little or no sexual dialogue or situations. • TV-PG (Parental Guidance Suggested -- This program contains material that parents may find unsuitable for younger children. ) Many parents may want to watch it with their younger children. The theme itself may call for parental guidance and/or the program contains one or more of the following: moderate violence (V), some sexual situations (S), infrequent coarse language (L), or some suggestive dialogue (D).

• TV-14 (Parents Strongly Cautioned -- This program contains some material that many parents would find unsuitable for children under 14 years of age. ) Parents are strongly urged to exercise greater care in monitoring this program and are cautioned against letting children under the age of 14 watch unattended. This program contains one or more of the following: intense violence (V), intense sexual situations (S), strong coarse language (L), or intensely suggestive dialogue (D). • TV-MA (Mature Audience Only -- This program is specifically designed to be viewed by adults and therefore may be unsuitable for children under 17. ) This program may contain one or more of the following: graphic violence (V), explicit sexual activity (S), or crude indecent language (L

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"Super-regulator" • the Broadcasting Standards Commission • the Independent Television Commission • the Office of Telecommunications (Oftel) • the Radio Authority • the Radiocommunications Agency

Powers Televisi on and radio Page 10 l a t s Po ces i v r e s Telephone and broadband Consultations Spectrum licensing and protection

Television and radio 1. Licenses all UK commercial television & radio services 2. Publishes the Broadcasting Code 3. Examine specific complaints by viewers or listeners

3. Examine complaints Ofcom receives a complaint Asks a copy of the programme Examines the content

3. Examine complaints Requests response from the broadcaster Mark the complaint as "upheld" "not upheld" "resolved"

Spectrum licensing and protection electromagnetic spectrum (management, regulation, assignment & licensing)

protects the radio spectrum Working within International organisations (ITU, CEPT and BEREC) Page 15 liaises through the UK Government to produce the UKFAT (UK Frequency Allocation Table)

protects the radio spectrum • Licencing UK controlled commercial radio spectrum • Investigate & carry out enforcement activities to clear interference or illegal use from the spectrum

Is there room for co-regulation and more open governance in how they approach their tasks? (FCC & OFCOM)

Definition • Open Governance • Application of the concept of open source and open content movements to democratic principles. • Open for any interested citizen to involve in the creation of policy and to employ their collective wisdom for the purpose to benefit the decision making process and improve democracy.

FCC | Open Governance: Application • Open Governance Directive: 3 Principles • Transparency: Accountability promotion by providing information on what the Government is doing to the public. • Participation: Allow public to contribute ideas and expertise in order for the government to make policies with the benefit of information that is widely dispersed in society. • Collaboration: Encouraging partnerships and cooperation within the Federal Government, across levels of government and between the Government and the private institutions.

FCC | Open Governance: Steps • • Publish Government Information Online Improve Quality of Government Information Create and Institutionalize a Culture of Open Government Create an Enabling Policy Framework for Open Government

Ofcom | Open Governance • Participation of UK in Open Government Partnership (OGP) • OGP: Multilateral initiative that aims to secure concrete commitments from governments to promote transparency, empower citizens, fight corruption and harness new technologies to strengthen governance. It is overseen by a steering committee of governments and civil society organizations.

Ofcom | Open Governance (Cont. ) • ‘Departments will ensure that an online channel is included in all government consultations’ – Commitment by National Action Plan (NAP) • Development of standard formats for user satisfaction data can act as an important part of giving service users a chance to express their views on public provision.

Co-Regulation • Definition: The combination of self-regulation and external regulation.

FCC | Customer Proprietary Network Information (CPNI) • Customer Proprietary Network Information (CPNI) – SPY!!! • Data collected by telecommunication companies about a consumer’s telephone calls. • Customer information can be only disclosed by telecommunication companies in these situations: • As required by law; • With the approval from the customer; • In providing the service from which the information is derived.

FCC | Co-Regulation (Cont. ) • Neither the rules nor the punishment/fine are set individually by FCC; the congress is also involved in this rule-setting process. • FCC acts as a watchdog and executer of the rule; it is ONLY authorized by the congress to impose punishment and fine to the law breakers. • Self-Regulation: CPNI can only be used in the ‘fixed’ situations, thus the company has to control itself by not violating the rules. • External Regulation: Meanwhile, FCC is the external regulator which aims to ensure the appropriate usage of CPNI.

Ofcom | ASA & BCAP • Advertising Standards Authority (ASA): • Regulates television advertising; while Ofcom acts as the ultimate regulatory body. • Broadcast Committee of Advertising Practice (BCAP): • The industry body responsible for the UK’s advertising Codes.

Ofcom | Process & Role • Ofcom must review any changes to the BCAP code, but the day to day implementation of the code is administered by the ASA. • Ofcom applies sanctions to broadcasters with the referral of ASA. • Ultimately, Ofcom acts as a ‘backstop regulator’ by giving power to ASA to regulate the industry. • Ofcom also carries out enforcement and acts as an appeals body.

New ways of bringing in Public and opening up policy processes or regulation

Social Network –new way to get in touch with each other Innovative way--easy access to the information public need. Facebook account Twitter account INNOVATION WAY FCC Yes or NO Yes My FCC Ofcom Yes You. Tube Ofcom Channel

Social network place

Content: News/ Fcc twitter/Fcc Blog/Event and so on. You can chose whatever you are interested in from FCC. Innovative way Content: - guidance on how the public can complaints or preserve their civic rights. - news conference and public presentations.

Nothing like FCC or Ofcom in China, exactly in China mainland. broadcasting telecommunication SARFT The state administration of Radio film and television Internet MIIT the Ministry of Industry and Information Technology

broadcasting telecommunication SARFT The state administration of Radio film and television Internet MIIT the Ministry of Industry and Information Technology Big tendency and be in discussion A NEW NAMED INSTITUTION… 06 November 2020 Future development