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, the 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-Y7 (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-
Y7-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
x
"Super-regulator"
• the Broadcasting Standards
Commission
• the Independent Television Commission

• the Office of Telecommunications (Oftel)

• the Radio Authority

• the Radiocommunications Agency

Powers

Page  10
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 liaises through the
BEREC) UK Government to
produce the
UKFAT
(UK Frequency
Page  15
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 Twitter account INNOVATION

account WAY

FCC Yes or NO Yes My FCC

Ofcom Yes Yes YouTube 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.

Content:
 guidance on how the
Innovative way

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 Internet

SARFT MIIT
The state administration the Ministry of Industry and
of Radio film and Information Technology
television
Future development

broadcasting telecommunication Internet

May 7, 2018
SARFT MIIT
The state administration the Ministry of Industry and
of Radio film and Information Technology
television

Big tendency and be in discussion

A NEW NAMED
INSTITUTION…