Pervasive New Media

By Matthew Bloom

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Matthew Bloom, Pervasive New Media, 9 Yale Journal of Law & Technology 109 (2006).

After years of failing to meet expectations, both internet and satellite radio programming are finally challenging terrestrial radio in a manner similar to cable’s challenge to broadcast television a generation earlier. These new technologies threaten to hijack market share and revenue from a traditional broadcast medium much as cable did. As they continue to seek new listeners, online and satellite stations have a major advantage over terrestrial broadcasters—they are exempt from Federal Communications Commission (FCC) scrutiny for indecent programming. This Note makes the argument that the broadcasting/non-broadcasting distinction is no longer merited and should be eliminated.