...resource" and can, therefore, be publicly controlled in the manner of its use: "A licensed broadcaster is 'granted the free and exclusive use of a limited...that franchise it is burdened by enforceable public obligations.'"32 Following the logic of the public domain thesis, the Court concluded that this particular...

...licensee to broadcast in return for the licensee's promise to provide public service. The licensee seeks and is "granted the free and exclusive use of...it is burdened by enforceable public obligations." CBS, Inc. v. FCC, 453 US 367, 395 (1981) (emphasis added); Central Florida Enterprises, Inc. v. FCC,...

...resource" and can, therefore, be publicly controlled in the manner of its use: "A licensed broadcaster is 'granted the free and exclusive use of a limited...it is burdened by enforceable public obligations.'" 32 Following the logic of the public domain thesis, the Court concluded that this particular statutory...

...obligations. The trust analogy fit broadcasting like a glove. Broadcasters were granted a wonderful corpus: "the free and exclusive use of a limited and valuable part of the public domain."91 The beneficiaries of the trust were the viewers and listeners. They were owed duties. Those...

...than half of 1 percent of the broadcast TV industry revenues. As Chief Justice Warren Burger wrote, "A broadcaster seeks and is granted the free and exclusive...it is burdened by enforceable public obligations. A newspaper can be operated at the whim or caprice of its owners; a broadcast station cannot." The...

...broadcasters' use of the public airwaves. As the Supreme Court has stated, "a licensed broadcaster is granted the free and exclusive use of a limited...it is burdened by enforceable public obligations." CBS, Inc. v. FCC, 453 US 367, 395 (1981). It should also be noted that both cable and DBS are subject...

...As the Supreme Court observed in CBS, Inc. v. FCC, 453 US 367, 395 (1981), "a licensed broadcaster is granted the free and exclusive use of a limited...it is burdened by enforceable public obligations." With these standards in mind, the courts have on numerous occasions upheld broadcast regulation against...

...airwaves. As the Supreme Court has stated, "a licensed broadcaster is granted the free and exclusive 156 use of a limited and valuable part of the public domain;...it is burdened by enforceable public obligations." CBS, Inc. v. FCC, 453 US 367,395(1981). It should also be noted that both cable and DBS are subject...

...Powe, Jr., suggest, to fit broadcasting like a glove. Broadcasters were granted a wonderful corpus: "the free and exclusive use of a limited and valuable part of the public domain." The beneficiaries of the trust were the viewers and listeners. They were owed duties. Those would include...

...obligations. In CBS v. FCC, the Supreme Court made this point quite succinctly: "a licensed broadcaster is 'granted' the free and exclusive use of a limited...it is burdened by enforceable public obligations" (453 US 367, 395 [1981]). 15 Unfortunately, the Court's conception of what is often called the "quid...