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The Growing Problem of Involuntary Superstations

<P>This article is divided into five sections. First, the distinction between voluntary and involuntary superstations is drawn. Then the interaction between copyright law and FCC regulation is analyzed. Next, the issue of satellite reseller liability is explored, and some recent cases on point are discussed. Fourth, Section 605 of the Communications Act is discussed in relationship to this problem. Finally, the FCC;s inaction is criticized, and some suggestions are made for remedying the grievances of broadcasters.</P>
<P>The recent boom in satellite technology has given rise to the problem of involuntary superstations. Superstations are local, independent broadcast stations which are distributed via satellite to cable systems nationwide. These cable systems generally pay a monthly fee for the right to redistribute superstations programming to their subscribers. Involuntary superstations can be defined as stations which, for various reasons, resist satellite recarriage and resale, but nevertheless must become superstations. </P>
<P>Under the current regulatory scheme, involuntary superstations are given no choice as to their status. The Federal Communications Commission authorizes their resale, regardless of whether or not their permission is obtained. Furthermore, under the current copyright law, although such broadcasters are nominally compensated by cablecasters for the use of their signals, it remains unclear whether satellite resellers face any copyright liability for their use of broadcast signals.</P>

This article is divided into five sections. First, the distinction between voluntary and involuntary superstations is drawn. Then the interaction between copyright law and FCC regulation is analyzed. Next, the issue of satellite reseller liability is explored, and some recent cases on point are discussed. Fourth, Section 605 of the Communications Act is discussed in relationship to this problem. Finally, the FCC;s inaction is criticized, and some suggestions are made for remedying the grievances of broadcasters.

Approved
P
NA
Report
Tigerman, Stephen M.
December, 1981
Publisher Reference: 
Heldref Publications
Old URL: 
http://www.artsusa.org/NAPD/modules/resourceManager/publicsearch.aspx?id=4386
Research Abstract
Rank: 
0
Categories: 
Intellectual Property
Is this an Americans for the Arts Publications: 
No