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Rethinking the Commitment to Free, Local Television

Christopher S. Yoo

University of Pennsylvania Law School; University of Pennsylvania - Annenberg School for Communication; University of Pennsylvania - School of Engineering and Applied Science

Vanderbilt Law and Economics Research Paper No. 02-09; Vanderbilt Public Law Research Paper No. 02-09

One of the most enduring tenets of U.S. television policy has been the commitment to localism. I suggest that the FCC's localism policy can be disaggregated into four, more specific commitments: (1) the preference for locally oriented over nationally oriented programming, (2) the preference for free (i.e., advertising-supported) over pay television, (3) the preference for single-channel over multi-channel television technologies, and (4) the preference for incumbents over new entrants and new technologies. I then analyze each of these commitments in light of what is perhaps the most distinctive feature of the television industry, which is the fact that its cost structure gives television programming many of the qualities of a public good, and conclude that each of these four commitments is fundamentally flawed. I then employ the public goods analysis I develop to critique the manner in which policy makers are regulating conventional television broadcasting, cable television, direct broadcast satellite systems (DBS), digital television, and third-generation wireless devices (3G).

Number of Pages in PDF File: 140

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Date posted: September 28, 2002  

Suggested Citation

Yoo, Christopher S., Rethinking the Commitment to Free, Local Television. Emory Law Journal, Vol. 52, No. 4, Fall 2003. Available at SSRN: http://ssrn.com/abstract=333702 or http://dx.doi.org/10.2139/ssrn.333702

Contact Information

Christopher S. Yoo (Contact Author)
University of Pennsylvania Law School ( email )
3501 Sansom St.
Philadelphia, PA 19104-6204
United States
(215) 746-8772 (Phone)
HOME PAGE: http://www.law.upenn.edu/faculty/csyoo/
University of Pennsylvania - Annenberg School for Communication ( email )
3620 Walnut St.
Philadelphia, PA 19104-6220
United States
(215) 746-8772 (Phone)
University of Pennsylvania - School of Engineering and Applied Science ( email )
3330 Walnut St.
Philadelphia, PA 19104-6309
United States
(215) 746-8772 (Phone)
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