Article:
Mark S. Fowler & Daniel L. Brenner, A Marketplace Approach to
Broadcast Regulation, 60 Texas L. Rev. 207 (1982).
Abstract:
Chairman Mark Fowler of the Federal Communications Commission
(FCC) and Daniel Brenner argue for a national policy that will
account for market forces in radio and television and
accommodate the First Amendment rights of operators of
commercial stations. They propose that the trusteeship model of
broadcast regulation by which the FCC has regulated program
content yield to a deregulated marketplace approach. The thesis
of the authors is that “the perception of broadcasters as
community trustees should be replaced by a view of broadcasters
as marketplace participants.” They posit that broadcasters best
serve the public by responding to market forces rather than
governmental directives.