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A proposal to the FCC...

Thinking out loud... ???

My previous research into infomercial programming (and my previous post) got me thinking about this, though it may be somewhat antiquated and moot at this point.

We all complain on this board about how the overall quality of TV and TV stations has gone down in recent years, and how we wish the FCC would grow some gonads and do something about it. Reviving the Fairness Doctrine and/or the Television Code would be a good place to start, but the lobbyists will somehow make sure those things never happen (they've already killed off a return of the Fairness Doctrine). But short of that, I think someone should take a good look at the licenses of the over-the-air stations, examine their programming, and go from there. Perhaps the way to slowly begin cleaning up programming quality is to reform the way stations are licensed.

I propose four classes of full-power, terrestrial television station licenses:

1) The standard Commercial would apply only for current network affiliates (ABC, CW, CBS, Fox, ION, MNTV, NBC) and general-entertainment independents (like KCAL, WSBK, KTXA, WLNY, etc.). The insipid E/I rules would be abolished, public-affairs requirements would be strictly enforced, and stations would be limited to no more than 20 hours per week of paid programming (pay-for-pray included).

2) The standard Non-Commercial/Educational would remain for PBS member stations only.

3) Commercial/Ethnic, a new category, would cover the non English-speaking commercial stations, such as affils of the Spanish-language networks (Univision, Telefutura, Telemundo, Azteca America, KWHY-TV) as well as stations which carry a large amount of other foreign-language programs, as long as the airtime is not paid for or leased. The framework for this would be similar to the ethnic programming policy already in place in Canada, where stations must be licensed specifically to provide foreign-language programs. The same requirements placed on English commercial stations would apply here, though a minimum amount of hours -- say, 60 percent of their weekly schedules -- must consist of foreign-language programs. Several of the large markets already have several stations devoted to programming that is not in English or Spanish (KSCI and WMBC-TV come to mind); this enables them to continue to do so with the protection of not being flipped on a whim or because of a sale.

4) Non-Commercial/Ethnic or Religious, another new category. This type of license would regulate stations that sell or lease time to foreign-language broadcasters as opposed to producing such programming on their own. It would also govern religious networks such as TBN and Daystar and similarly-formatted stations, as they are not advertiser-supported.

Each of these different license categories would have their own requirements, but the idea is to clearly define which stations can be used for a certain purpose. Stations which "straddle the fence" -- like ION O&Os, home-shopping/infomercial hybrids, and general-entertainment/religious hybrids (like the LeSea group) will need to get their acts together. And, situations such as general-entertainment indies or non-comms being sold to religious broadcasters (WGTW and KDTN [and almost KOCE] come to mind) or English stations being sold to Spanish-language networks (the former HSN stations going to Univision, forming the basis for Telefutura) would never happen again unless the FCC converts the license from one class to another.

Wishful thinking, right? Comments, anyone?
 
Informercials used to be illegal. You couldn't do a show that was all sales pitch. Maybe it's time to bring that one back, too (in addition to the Fairness Doctrine and Ownership Caps).
 
Julius Leonard Marx said:
Informercials used to be illegal. You couldn't do a show that was all sales pitch.

What about the "Shop Smith" infomercials from the 1970s that predated today's infomercials? Considering that they were, in effect, infomercials, what was the deal on that?
 
I don't know the program you are talking about but the FCC had restrictions on the amount of commercial content in programs until 1984. In the 50s, early TV did have what we now call infomercials, but those FCC regulations did away with them. While commercial content regulations were in place, TV still ran direct response ads for Ronco/Popeil and others. Generally these were two minute spots within a program. And FCC restrictions applied to broadcast television, not cable.
 
Julius Leonard Marx said:
I don't know the program you are talking about but the FCC had restrictions on the amount of commercial content in programs until 1984.

Back during the 1970s and early-1980s (maybe the 1960s), Shop Smith, a power tool maker, would occasionally have a half-hour filmed special on one of the local stations, showing the versatility of their tools, and where they would be demonstrated that week (such as at a mall or a fair). I saw "Shop Smith" listed as a program occasionally in TV Guide and saw their infomercials during the 1970s (this was in the Flint-Saginaw market, though I assume this was nationwide).

Considering the commercial caps in force before 1984, I don;t know what strings Shop Smith pulled to have their show on.
 
Truthfully, Rollo, I think that there is an easier way to achieve what you're proposing:

When the current legislation implementing must carry and retransmission consent was passed, it included provisions for the FCC to rule on whether or not the public interest would be served by making home shopping channels elgible for must carry status. The FCC, of course, ruled in favor of must carry for home shopping stations.

In my opinion that ruling was a mistake. Elgibility for must carry status should be limited to stations that meet two specific programming criteria:
1. For full power stations, infomercials, paid programming, and home shopping cannot be more than 1/3 of the station's programming time.
2. LPTV and Class A stations would be elgible for must carry if they met the above criteria, had a local studio capable of originating programming within the coverage area of their transmitter, and aired programming out of that studio for at least 1/3 of the week (this is to prevent LPTV/Class A stations that simply retransmit a satellite feed full time from being elgible).
 
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