Term Paper

Folks: I'll be going over this assignment after your exam on Monday, but here is a detailed outline of the guidelines, requirements and grading rubric for your term paper. This assignment is worth 35% of your overall grade, and it is due on December 6th. The earlier you start your research and writing, the better you will do. Also, I'm here to help, so if you have questions, schedule to meet with me during my office hours (10a-1p Th).

UPDATE: Link is broken. Still fussing with DropBox. I've copied and pasted the assignment below and will bring printed copies to class. Link to the assignment will be fixed soon.

JOUR 3060: Communication Law & Policy

Dr. Powers

Fall 2012

Writing Assignment: Media Ownership Review [1]

Background: Section 202(h) of the Telecommunications Act of 1996 requires the Federal Communications Commission to review its ownership rules every four years and determine whether they are in the public interest.  Under Section 202(h), the Commission shall repeal or modify any regulation it determines is no longer in the public interest.[2]

Summary of assignment: Each student is asked to write a public comment arguing for the reform of the FCC’s 2010 Media Ownership Rules.[3]  Each brief must include the following sections: (1) What legal authority does the FCC have to regulate media ownership?; (2) The problem(s) with the current media ownership rules; (3) The proposed change in media ownership rules; (4) The likely consequences of the proposed change in media ownership rules and (5) a rebuttal to possible criticisms of a change in media ownership rules.

·      Section I: What legal authority does the FCC have to regulate media ownership?  In this section, you should (a) outline the statutory origins of FCC media ownership regulations; (b) provide historical context explaining why Congress provided the FCC the authority to regulate media ownership; (c) the constitutional basis for Congressional regulation (which was delegated to the FCC) of media ownership and (No more than 1000 words; 20 points)

·      Section II: The problem(s) with the current media ownership rules.  This section should include: (a) why media ownership matters, (b) the evolution of its regulation; (c) how new and emerging technologies require additional reform of media ownership policies; and (d) the specific problem or problems with the current regulatory regime requiring reform.  (No more than 1000 words; 20 points).

·      Section III: The proposed change in media ownership rules. This section should include (a) a specific policy proposal (and language) that would alter the FCC’s current media ownership regulations; (b) key differences between existing regulations and your proposed changes should be highlighted, and (c) specific citations of either Congressional legislation or legal precedent that demonstrates the FCC’s legal authority to enact the proposed changes. (No more than 500 words; 10 points)

·      Section IV: The likely consequences of the proposed change in media ownership rules.  (a) How does the proposed change remedy the problems you outlined regarding the current regulatory regime?  (b) What is the primary benefit of the reform?  (c) What industries are affected, and who are the key players in those industries?  (d) What other consequences would the change have?  (e) How would the proposed change impact consumer access to diverse programming?  (f) Make a comprehensive and persuasive argument for the reform you’ve proposed.  (e): Extra credit (up to five points, depending on quality of argument and evidence): connect the reform to media policy outside the United States, using its similarity to another country’s media laws as evidence of its likely effect.  (No more than 1000 words, or 1200 words if you attempt the extra credit; 20 points)

·      Section V: A rebuttal to possible criticisms of a change in media ownership rules.  (a) Who loses out in the proposed change in policy?  (b) What are their best arguments against the reform?  (c) Why are those arguments wrong? (No more than 500 words; 10 points)

Where do I start?

1.     Get to know the rules. The Commission's current ownership rules can be found in the Code of Federal Regulations.

a.     The FCC has a webpage dedicated to all things related to media ownership

b.    It has extensive research and resources for you to draw from.

2.     Do background research on (1) why media ownership matters, (2) the history of its regulation, and (3) how new and emerging technologies are impacting media ownership policies.

3.     Approach the assignment step by step. Start with section 1, proceed to section 2, and on and on. Set deadlines for yourself: Section one done by Spring Break, etc.

4.     To help you get started, I’ve gathered some resources that you may consider using.  See attached bibliography.

5.     Use me as a resource as much as you need. This is challenging assignment, and by the end of it I want you to be proud of the brief you have produced.

6.     Keep in mind that you can propose any media ownership reform you like as long as it can constitutionally defended.  You could argue for further restrictions on media ownership or less; different types of restrictions, etc.  All legally grounded perspectives are welcome!

Grading:

1.     Section 1: 20 points; Section 2: 20 points; Section 3: 10 points; Section 4: 20 points; Section 5: 10 points.

a.     As you write each section, make sure that you are addressing on each of the sub-points clearly and sufficiently. Feel free to note which question, using the letter associated with the sub point, you are addressing.

b.     Example: “The proposed changes would certainly disadvantage media conglomerates like News Corporation and Turner Broadcasting, among others, who benefit from the current hand-off approach to regulating cable television (5a).”

2.     Treat this like a document you would submit to the FCC for review in the lead up to its 2014 review of media ownership regulations. It is a legal document. Writing should be formal and clear. Grammar, punctuation, precision and accuracy all matter (10 points)

3.     The word limits are strictly enforced.  Do not go over the noted word limit for each section. Brevity is an asset in legal arguments. (Excess words will result points lost in the particular section in question; see above for point distribution between sections).

4.     Arguments need to be grounded in legal precedent and well-researched scholarship, not one’s one perspective. (10 points)

5.     Style: Papers should be written using Turabian Footnote Style.

6.     All work must be your own. If you copy text or ideas without proper citation, I will know, and you will receive an F for this assignment.

7.     Due by 11:59p on December 6^th. You have ten weeks to complete this assignment. Start early. Late papers will be deducted 10% a day. Email final papers to smp@gsu.edu.

8.     Professor will return the paper to students with specific comments by request.

9.     Professor will review drafts up until November 22. If you would like me to review your work before you turn in a final paper, then start early.

Bibliography

D. Linda Garcia and Ellen Surles, “Media Ownership and Communications: Enriching the Research Agenda,” Telecommunications Policy 31, no. 8–9 (October 2007): 473-492.

Robert W. McChesney, Rich Media, Poor Democracy: Communication Politics in Dubious Times (New Press, The, 2000).

Lee C. Jr Bollinger, “Freedom of the Press and Public Access: Toward a Theory of Partial Regulation of the Mass Media,” Michigan Law Review 75 (1977 1976): 1.

Lee C. Bollinger, The Tolerant Society (Oxford University Press, 1989)

George Glider, The Freedom Model of Telecommunications (The Progress and Freedom Foundation, 1995).

Robert W. McChesney, The Problem of the Media: U.S. Communication Politics in the Twenty-First Century, 1st Printing. (Monthly Review Press, 2004).

Michael Wolff, The Man Who Owns the News: Inside the Secret World of Rupert Murdoch (Broadway, 2008).

C. Edwin Baker, Media Concentration and Democracy: Why Ownership Matters, 1st ed. (Cambridge University Press, 2006).

Ben H. Bagdikian, The New Media Monopoly: A Completely Revised and Updated Edition With Seven New Chapters (Beacon Press, 2004).

Henry Jenkins, “The Cultural Logic of Media Convergence,” International Journal of Cultural Studies 7, no. 1 (March 1, 2004): 33 -43.

Lee C. Bollinger, Uninhibited, Robust, and Wide-open: a Free Press for a New Century (Oxford University Press, 2010).

Eli M. Noam, Media Ownership and Concentration in America (Oxford University Press, 2009).

Ben Scott, “Politics and Policy of Media Ownership, The,” American University Law Review 53 (2004 2003): 645.

Scott Cleland and Ira Brodsky, Search & Destroy: Why You Can’t Trust Google Inc., 1st ed. (Telescope Books, 2011).

Bruce M Owen, “Regulatory Reform: The Telecommunications Act of 1996 and the FCC Media Ownership Rules,” Law Review of Michigan State University Detroit College of Law 2003 (2003): 671.

L. P Hitchens, “Media Ownership and Control: A European Approach,” The Modern Law Review 57, no. 4 (July 1, 1994): 585-601.

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[1] 35% of your final grade

[2] To learn more about the FCC’s rulemaking process, and see other legal documents similar to the one you are asked to write, see: http://www.fcc.gov/encyclopedia/rulemaking

[3] While the FCC does ask for and will review all public comments regarding media ownership, and students are welcome to submit their paper as a public comment, this is not a requirement of the assignment.