# Should the government be regulating satellite radio?

**URL:** <https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732>\
**Category:** Great Debates\
**Created:** [December 2, 2005, 3:38pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732 "2005-12-02T15:38:30Z")\
**Posts on this page:** 17\
**Page:** 1

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**Author:** ![John\_Stamos\_Left\_Ear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_stamos_left_ear/32/3198_2.png) [@John\_Stamos\_Left\_Ear](https://boards.straightdope.com/u/John_Stamos_Left_Ear)\
**Post date:** [December 2, 2005, 3:38pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/1 "2005-12-02T15:38:30Z")

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> [@](#):
>
> **Pay Services Targeted In Open Forum On Decency**
> 
> The Senate Commerce Committee commenced its forum on decency today and a hot topic of conversation was the uneven playing field between traditional over-the-air broadcasters and pay services such as cable television and satellite radio. The current freedom from FCC-regulated content rules that pay services have is being targeted by Congress, the FCC and over-the-air broadcasters.
> 
> The uneven playing field has not gone unnoticed by FCC Chairman Kevin Martin. During his remarks today, it was clear that he feels cable and satellite companies are not doing enough to curtail access to inappropriate content by children. For television, Martin proposed tier packages that would allow “family-friendly” cable into homes or allow consumers to pay for the channels they choose. Martin also suggested that decency standards could be applied to subscription television. “The industry needs to do more to address parents’ concerns,” said Martin.
> 
> Speaking on Behalf of the National Association of Broadcasters, Bonneville President & CEO Bruce Reese told the forum that traditional media outlets such as terrestrial radio and television “operate in an increasingly competitive media marketplace. And our competitors have no parallel constraints. Cable programmers target appealing demographics with uncut Hollywood movies and sexually explicit and violence laden shows like Rome and Deadwood.”
> 
> [FMQB](http://www.fmqb.com/Article.asp?id=149343)

I cannot stand the witchhunt that terrestrial radio has been dealing with since Janet Jackson’s “wardrobe malfunction,” so I really hate the fact that the government would consider _expanding_ the scope of its ability to censor.

However, imagine you’re a terrestrial TV or radio station losing viewers/listeners and ad revenue because your competition doesn’t have the same content restrictions that you have to deal with. That doesn’t seem fair, and it also seems quite unlikely that terrestrial signals will find themselves deregulated any time soon.

I’m inclined to say “tough shit” to terrestrial outlets. I would rather that they not have to deal with the crap that the FCC has been dealing, however not a single one of them purchased their licenses without being aware of the ramifications.

We don’t need more restrictions in this area. In fact, I believe that we need less! However, I can at least understand the theory when it comes to free airwaves. When it comes to services that consumers are PAYING for, then there is no way I want the government getting involved.

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**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\
**Post date:** [December 2, 2005, 3:43pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/2 "2005-12-02T15:43:16Z")

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There is no there, there. The FCC might want to censor every thing in sight, but in reality, they have controll over public airwaves, period. Not subscriber-based services.

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [December 2, 2005, 3:44pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/3 "2005-12-02T15:44:40Z")

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Tough cookies for the terrestrial stations. They are using a public resource (our limited frequency spectra) and because of this have to comply with the FCC. The satellite stations are paying their own way and broadcasting signals that you must specifically purchase in order to receive. I don’t see a compelling public interest to enforce any regulation on the satellite stations.

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**Author:** ![diku](https://avatars.discourse-cdn.com/v4/letter/d/4af34b/32.png) [@diku](https://boards.straightdope.com/u/diku)\
**Post date:** [December 2, 2005, 3:45pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/4 "2005-12-02T15:45:18Z")

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I don’t believe they should be regulated anymore than newspapers are regulated. The reasoning I always heard when I was a broadcasting student was that radio waves are free, and you couldn’t choose to not accept them. They’re everywhere. Newspapers require you to pick them up, purchase, and read them, so they’re not under the same controls.

To me, it’s the same with satellite radio. While satellite signals are everywhere, they require you to purchase a specific receiver and pay to continue to receive the service. They’re not using public airwaves, so they should be hands-off.

And too bad to the regular broadcaster’s. Regular TV stations still survive in the land of cable, and regular radio stations will as well. Regulating satellite radio because of a business disadvantage is BS.

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**Author:** ![John\_Stamos\_Left\_Ear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_stamos_left_ear/32/3198_2.png) [@John\_Stamos\_Left\_Ear](https://boards.straightdope.com/u/John_Stamos_Left_Ear)\
**Post date:** [December 2, 2005, 4:08pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/5 "2005-12-02T16:08:42Z")

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> [@Scott Plaid](#):
>
> There is no there, there. The FCC might want to censor every thing in sight, but in reality, they have controll over public airwaves, period. Not subscriber-based services.

They would have control over whatever the government tells them they have control over.

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**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\
**Post date:** [December 2, 2005, 4:17pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/6 "2005-12-02T16:17:40Z")

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A lotta’ good replies, and that is what you choose to reply to? :rolleyes: You meet a slightly-unsubstantiated opinion with a unsubstantiated opinion. It is obvious you are not here to debate.

However, I fear you are right. Based on past experience, the gov. is willing to legislate morals first, and make laws backing them up second. But it would be nice to hear you put a bit more thought into it.

Now, I would like to once again point out, that at the present time, while the FCC would like to have controll over the airwaves, cable, satelite, and does to some extent, their controll over content is much more limited. [http://www.fcc.gov/eb/Orders/2001/fcc01090.html](http://www.fcc.gov/eb/Orders/2001/fcc01090.html)

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**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\
**Post date:** [December 2, 2005, 4:39pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/7 "2005-12-02T16:39:16Z")

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I would love to see cable available on an ala carte basis. Unfortunately, this would kill any number of fringe channels. As for FCC control…screw them. I pay for smut, I expect smut, I want my smut, dammit! 😃

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**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\
**Post date:** [December 2, 2005, 5:33pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/8 "2005-12-02T17:33:28Z")

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> [@diku](#):
>
> The reasoning I always heard when I was a broadcasting student was that radio waves are free, and you couldn’t choose to not accept them. They’re everywhere. Newspapers require you to pick them up, purchase, and read them, so they’re not under the same controls.

Unless you can pick up radio stations on your fillings, that doesn’t make any sense. You have to pick up, purchase, and turn on radios and televisions as well.

The reason that the FCC has control over the airwaves is that they are a limited commodity parceled out by the government, ostensibly for the public good. Newsprint and ink are not. If there were useful bandwidth enough for every random person who wanted a TV station to have one, then we wouldn’t need to censor.

Arguably, the satellite stations are using limited resources as well (geosynchronous orbits, and whatever frequency they broadcast on), but since there aren’t enough competing interests to saturate them yet, the FCC has no business regulating.

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**Author:** ![John\_Stamos\_Left\_Ear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_stamos_left_ear/32/3198_2.png) [@John\_Stamos\_Left\_Ear](https://boards.straightdope.com/u/John_Stamos_Left_Ear)\
**Post date:** [December 2, 2005, 5:47pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/9 "2005-12-02T17:47:35Z")

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> [@Scott Plaid](#):
>
> However, I fear you are right.

I know I’m right.  
[/quote]  
Based on past experience, the gov. is willing to legislate morals first, and make laws backing them up second. But it would be nice to hear you put a bit more thought into it.  
[/quote]  
I was unaware I was being graded… :rolleyes:

> [@](#):
>
> Now, I would like to once again point out, that at the present time, while the FCC would like to have controll over the airwaves, cable, satelite, and does to some extent, their controll over content is much more limited.

The issue isn’t what they control now. The issue is what they SHOULD be able to control. Before you start rolling your eyes at people for not wanting to debate, at least get the topic right, please.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [December 2, 2005, 5:59pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/10 "2005-12-02T17:59:09Z")

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Offhand, I would say the First Amendment would prohibit the government from doing anything about the content of satellite or cable broadcasts. The only reason the First Amendment doesn’t prohibit government regulation of over-the-air broadcasts is because it’s a limited medium and the government acts as a referee to divide up the finite available range.

Of course, I also think the First Amendment clearly prohibits the government from placing any bans on pornography and Congress and the courts hold different opinions on that issue.

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**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\
**Post date:** [December 2, 2005, 5:59pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/11 "2005-12-02T17:59:46Z")

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> [@John\_Stamos'\_Left\_Ear](#):
>
> I was unaware I was being graded… :rolleyes:

You aren’t. That was just wishful thinking on my part.

> [@](#):
>
> Before you start rolling your eyes at people for not wanting to debate, at least get the topic right, please.

Before people debate, could you clarify, bring up a debate, or something. We agree that the FCC should not have much power. Personally, I think it is fine if it remains as impotent as it was, pre-eighties. However, it looks like we agree on that. Not much debate going on. This would be far better suited for IMHO.

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**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\
**Post date:** [December 3, 2005, 1:17pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/12 "2005-12-03T13:17:44Z")

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> [@iamthewalrus(:3=](#):
>
> Arguably, the satellite stations are using limited resources as well (geosynchronous orbits, and whatever frequency they broadcast on), but since there aren’t enough competing interests to saturate them yet, the FCC has no business regulating.

If satellite radio becomes extremely popular, though, it could reach a point where demand outstrips resources (not enough bandwidth, not enough places to put geosync satellites without creating interference, etc.) and at _that_ point, some degree of purely technical regulation is called for. Of course, if the technology continues to improve faster than the population increases, this’ll be in a perpetual state of moot.

Content-based regs, though? Screw that.

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**Author:** ![John\_Stamos\_Left\_Ear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_stamos_left_ear/32/3198_2.png) [@John\_Stamos\_Left\_Ear](https://boards.straightdope.com/u/John_Stamos_Left_Ear)\
**Post date:** [December 3, 2005, 10:48pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/13 "2005-12-03T22:48:07Z")

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> [@Scott Plaid](#):
>
> Not much debate going on.

Maybe not between you and I, however there seems to be debate going on in the Senate with the terrestrial media outlets feeling differently than you and I. Methinks you failed to grasp this from the OP. It _is_ a good thing we’re not grading here…

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**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\
**Post date:** [December 4, 2005, 12:25am UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/14 "2005-12-04T00:25:30Z")

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It’s too bad terrestrial radio is seems to be taking the tack of trying to get satellite FCC regulated, instead of getting themselved less regulated.

It’s a little like that speculative fiction story where all the people with athletic abilities have to have weights attached to their limbs to reduce their skills to match those of the slowest “to level the playing field”.

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**Author:** ![John\_Stamos\_Left\_Ear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_stamos_left_ear/32/3198_2.png) [@John\_Stamos\_Left\_Ear](https://boards.straightdope.com/u/John_Stamos_Left_Ear)\
**Post date:** [December 4, 2005, 1:35am UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/15 "2005-12-04T01:35:34Z")

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> [@Revtim](#):
>
> It’s too bad terrestrial radio is seems to be taking the tack of trying to get satellite FCC regulated, instead of getting themselved less regulated.

I agree this would be ideal; however in the political climate that we exist right now, it’s far easier for terrestrial radio to get rid of Howard Stern and argue that the FCC pick on someone else rather than to fight for what is “right.”

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**Author:** ![drewbert](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drewbert/32/15890_2.png) [@drewbert](https://boards.straightdope.com/u/drewbert)\
**Post date:** [December 4, 2005, 2:52am UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/16 "2005-12-04T02:52:04Z")

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FWIW, the FCC has already attempted to work outside its jurisdiction, in insisting that digital tuners respect a “Broadcast Flag”. [It was struck down in court](http://www.pcworld.com/news/article/0,aid,120748,00.asp).

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**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\
**Post date:** [December 4, 2005, 1:17pm UTC](https://boards.straightdope.com/t/should-the-government-be-regulating-satellite-radio/333732/17 "2005-12-04T13:17:02Z")

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> [@Revtim](#):
>
> It’s a little like that speculative fiction story where all the people with athletic abilities have to have weights attached to their limbs to reduce their skills to match those of the slowest “to level the playing field”.

_Harrison Bergeron_, by Kurt Vonnegut, though the element of forcing people to handicap themselves in the name of equality also shows up near the end of his _Sirens of Titan_, and possibly other stories as well.
