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Section II
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A.The Genesis of Broadcast Regulation
Regulation of radio (or "wireless," as it was called at the time) began in the United States in 1910 with the amendment of the Interstate Commerce Act,[FN12] bringing interstate and foreign wire and wireless communication under federal jurisdiction. [FN13] Also in 1910, the Wireless Ship Act was enacted.[FN14] This Act required large passenger ships to carry radio equipment capable of exchanging messages at a distance of 100 miles, [FN15] but it did not require ship radio operators to monitor their radio apparatus.
On April 15, 1912, the ocean liner Titanic sank. [FN16] Although another radio-equipped ship, the Californian, was only fifteen miles away, its radio operator had signed off fifteen minutes before the Titanic's operator sent his first distress message. [FN17] More than 1500 people were killed in the disaster, including the Titanic's radio operator, who died at his radio set. [FN18]
As a direct result of this tragedy, [FN19] the Radio Act of 1912 [FN20] was enacted. This was the first comprehensive American radio legislation. Among other things, the Act adopted the international distress signal, [FN21] prohibited interference with distress signals, [FN22] and empowered the Secretary of Commerce and Labor [FN23] to issue licenses [FN24] and specify frequencies. [FN25]
One of the weaknesses of the 1912 Act was that it failed to specify grounds upon which the Secretary could deny applications for radio licenses. Congress had intended the Act simply to prescribe a registration process. [FN26] This became a serious problem as broadcasting stations, dramatically rising in number, [FN27] began increasingly to interfere with one another. [FN28] Many station operators understandably grew frustrated by the interference and, attempting to increase the efficacy of their signals, began to change frequency, power, location, and operating schedule in violation of their licenses. [FN29] One such station was Zenith Radio Corporation's WJAZ in Chicago. The Secretary of Commerce sued Zenith under the Radio Act of 1912, but the court held [FN30] that the Act had given the Secretary no standards under which he could deny a station's license application. [FN31]
With the Secretary thus stripped of what little discretion he may have had in licensing stations, and with increasingly intolerable interference undermining the effectiveness of radio broadcasting, the failure of the Radio Act of 1912 became apparent. More than 200 new stations received licenses and went on the air during the next year, [FN32] making the interference situation even worse. Ultimately, it became difficult for people in many parts of the country to receive any interference-free radio service at all. [FN33]
It was obvious that new radio legislation was needed. The result was the Radio Act of 1927, [FN34] which established the five-member Federal Radio Commission. [FN35] Perhaps the most important departure from the 1912 Act was that the newly created Commission had discretion in licensing stations: it was to award broadcasting licenses only when doing so would serve the "public convenience, interest, or necessity." [FN36]
This public interest standard was not a new concept in governmental regulation in 1927. Starting in the late 1800s, much of Congress' regulation of the railroads focused on the public interest standard. [FN37] Over the years it has been applied in the regulation of two basic and interrelated types of activities: first, activities involving government-granted monopolies; [FN38] and second, use of public resources by private individuals or entities for private gain. [FN39] Its first application to broadcasting was in the Radio Act of 1927.
Under the 1927 Act, however, control of communication by wire and radio was still spread among a number of agencies. [FN40] In 1934, the Communications Act of 1934 [FN41] was enacted. The Act repealed the Radio Act of 1927, [FN42] established the seven member Federal Communications Commission, [FN43] and consolidated the regulation of most wire and radio communication under the Commission's jurisdiction. [FN44] Most importantly, the 1934 Act preserved the public interest, convenience, or necessity standard from the 1927 Act. [FN45]
B.Evolution of the Public Interest Standard
There is good reason for applying a public interest standard in broadcast regulation. Broadcast channels are "scarce" (that is, there are not enough available channels for all of those who wish to broadcast), and the electromagnetic spectrum [FN46] has been deemed, since the beginning of broadcast regulation, to be a publicly owned natural resource. [FN47] This "scarce public resource" rationale formed the foundation on which broadcast regulation was based. [FN48] Furthermore, it is plain that private individuals and entities may apply for and be granted licenses to use the public airwaves; and it is equally plain that unless they are operating on channels reserved for non-commercial use, [FN49] these private individuals or entities are allowed to profit from their broadcasting activities. [FN50] Application of the public interest standard to broadcasting is thus consistent with its traditional application in other governmental regulation.
The application of the standard to broadcasting, however, is perhaps more complex than it is when applied to other industries because of the first amendment considerations involved. [FN51] The search for a manageable standard was difficult. In 1928, the Federal Radio Commission announced its interpretation of the basic principles of the standard:The commission also believes that public interest, convenience, or necessity will be best served by avoiding too much duplication of programs and types of programs. . . .
In view of the paucity of channels, the commission is of the opinion that the limited facilities for broadcasting should not be shared with stations which give the sort of service which is readily available to the public in another form. For example, the public in large cities can easily purchase and use phonograph records of the ordinary commercial type. A station which devotes the main portion of its hours of operation to broadcasting such phonograph records is not giving the public anything which it can not readily have without such a station. . . . The commission can not close its eyes to the fact that the real purpose of the use of phonograph records in most communities is to provide a cheaper method of advertising for advertisers who are thereby saved the expense of providing an original program.
While it is true that broadcasting stations in this country are for the most part supported or partially supported by advertisers, broadcasting stations are not given these great privileges by the United States Government for the primary benefit of advertisers. Such benefit as is derived by advertisers must be incidental and entirely secondary to the interest of the public. . . .
Advertising should be only incidental to some real service rendered to the public, and not the main object of the program. . . .
In conclusion, the commission desires to point out that the test — "public interest, convenience, or necessity" — becomes a matter of comparative and not an absolute standard when applied to broadcasting stations. Since the number of channels is limited and the number of persons desiring to broadcast is far greater than can be accommodated, the commission must determine from among the applicants before it which of them will, if licensed, best serve the public. . . . The emphasis must be first and foremost on the interest, the convenience, and the necessity of the listening public, and not on the interest, convenience, or necessity of the individual broadcaster or the advertiser. [FN52]
As radio became increasingly influential in American society, references to first amendment concerns for a vigorous press started to appear in court and Commission decisions. In National Broadcasting Co. v. United States, [FN53] Justice Murphy wrote:
Although radio broadcasting, like the press, is generally conducted on a commercial basis, it is not an ordinary business activity, like the selling of securities or the marketing of electrical power. In the dissemination of information and opinion, radio has assumed a position of commanding importance, rivalling the press and the pulpit. Owing to its physical characteristics radio, unlike the other methods of conveying information, must be regulated and rationed by the government. Otherwise there would be chaos, and radio's usefulness would be largely destroyed. But because of its vast potentialities as a medium of communication, discussion and propaganda, the character and extent of control that should be exercised over it by the government is a matter of deep and vital concern. [FN54]
In 1965, the Commission expressed its view of broadcasters' first amendment responsibilities:
As the Supreme Court has stated, the first amendment to the Constitution of the United States "rests on the assumption that the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public." That radio and television broadcast stations play an important role in providing news and opinion is obvious. [FN55]
Thus, as broadcasting evolved to play an increasingly important role in American society, the interpretation of the public interest standard as applied to broadcasting grew to take on constitutional proportions. The Commission's concern in this area was manifested through the establishment of a number of rules and procedures intended to ensure that broadcast licensees served the public interest. [FN56]
The public interest standard as it applies to broadcasting has never been interpreted to mean simply what the public wants to hear or view. Rather, much of the scholarly writing on the standard focuses also on what the public ought to hear or view. [FN57] This phrasing perhaps only restates the first amendment concerns of the courts and the Commission that an informed electorate is essential to the effective working of democratic government. [FN58] Unless the electorate has sufficient information to make informed decisions, democratic government cannot work. [FN59]
The theory underlying broadcast regulation is that a broadcast license is a public trust, and that a broadcast licensee is therefore a public trustee. [FN60] A license is temporary authority [FN61] from the federal government to use one of the scarce and publicly owned broadcast channels. [FN62] In exchange for the privilege of using this scarce public resource and for being allowed to profit from such use, the licensee is obligated to serve the public interest, convenience, or necessity. [FN63]
C.FCC Policies to Exact Compliance with the Public Interest Standard
It is beyond question that the electronic mass media have tremendous potential power for disseminating news and information to the public. [FN64] To ensure that stations exercised this power responsibly, the Commission established a number of rules and procedures. Among these were the nonentertainment programming guidelines for both radio and television. [FN65] These guidelines were intended to ensure that stations devoted a specified percentage of their broadcast schedules to news and public affairs programming. [FN66] Stations were also required to maintain their main origination studios within their communities of license, [FN67] and to conduct annual "ascertainment studies." [FN68] The Commission had long put a premium on local programming serving demonstrated public needs. [FN69] These rules were designed to ensure that stations would stay in touch with the problems and needs of their communities, and that they would air programming responsive to those problems and needs. [FN70] The Commission's intention was that stations participate directly in the discussion of issues of public importance.
These rules and procedures were an attempt by the Commission to ensure that stations used the frequencies they had been allowed to use for the dissemination of local news and public affairs at least some of the time (and to establish minimum standards against which stations could be measured when their licenses came up for renewal [FN71]). However, there was also a number of more or less technical rules intended to ensure that the broadcasting industry as a whole served the public interest. Among these was the "anti-trafficking rule," [FN72] which regulated the transfer of broadcast licenses. The Commission believed that trafficking in licenses (buying and then quickly selling stations for profit) undermined service to the public interest because the station owners never developed a sense of responsibility to the community of license. [FN73] The anti-trafficking rule strongly discouraged the sale of a station unless the station owner had held the license for at least three years. [FN74]
Recall that there are two basic rationales for applying a public interest standard in broadcast regulation. First, frequencies in the electromagnetic spectrum have always been considered to be a scarce and publicly owned natural resource. [FN75] It was apparent even in the 1920s that there was a far greater number of people who wanted to broadcast than there were available frequencies. [FN76] Second, this scarce public resource was being used by private users for private gain. [FN77]
Consistent with and even necessary to both of these rationales were the Commission's rules regarding multiple ownership. The Commission always had a strong policy favoring diversity of viewpoints and programming in the communications marketplace. [FN78] It endeavored through several rules to promote this policy by maximizing the number of owners of media outlets.
First, the multiple ownership rule [FN79] limited the number of stations a single entity could own to seven AM, seven FM, and seven television stations, no more than five of which could be VHF ("rule of sevens"). [FN80] This rule was intended to prevent a single group owner from becoming overly dominant in the national marketplace of ideas.
Second, the radio duopoly rule [FN81] established minimum geographic distances between commonly owned stations in the same service. [FN82] This rule was an attempt to minimize the local geographic areas in which two different stations in the same service under common ownership could be heard; it was intended to reduce the possibility of an undue concentration of media control within a particular local marketplace of ideas.
Third, the one-to-a-market rule [FN83] prohibited cross-ownership of radio and television stations in the same market, excepting grandfathered radio-television combinations. [FN84] Like the radio duopoly rule, the one-to-a-market rule was intended to reduce the likelihood that a single entity would become overly dominant within a local market.
These three rules reflected both the first amendment concern that broadcasting serve the public interest and the desire to distribute equitably and fairly the limited number of broadcast licenses among the greatest possible number of applicants. [FN85] The vigor of the Commission's commitment to maximum diversification of ownership was evident in its 1965 Policy Statement on Comparative Broadcast Hearings. [FN86] The Commission stated:
We believe that there are two primary objectives toward which the process of comparison [in comparative hearings [FN87]] should be directed. They are, first, the best practicable service to the public, and, second, a maximum diffusion of control of the media of mass communications. The value of these objectives is clear. Diversification of control is a public good in a free society, and is additionally desirable where a government licensing system limits access by the public to the use of radio and television facilities. . . . [FN88] 1. Diversification of control of the media of mass communications. — Diversification is a factor of primary significance since, as set forth above, it constitutes a primary objective in the licensing scheme. [FN89]
The Commission then discussed other factors it would consider in comparative hearings:
2. Full-time participation in station operation by owners. — We consider this factor to be of substantial importance. It is inherently desirable that legal responsibility and day-to-day performance be closely associated. . . . This factor is . . . important in securing the best practicable service. It also frequently complements the objective of diversification, since concentrations of control are necessarily achieved at the expense of integrated ownership.
. . . .
. . . Thus, local residence complements the statutory scheme and Commission allocation policy of licensing a large number of stations throughout the country, in order to provide for attention to local interests, and local ownership also generally accords with the goal of diversifying control of broadcast stations. [FN90]
Thus, under traditional regulation of broadcasting by the Commission, the goal of maximizing diversity of control of broadcasting stations at both the national and local levels was consistently seen as an element of prime importance as it related to both the scarcity of frequencies concern and the first amendment concern of the public interest, convenience, or necessity standard. Importantly, the Commission's goal was not to secure some amount of diversification; rather, it was to secure the maximum possible amount of diversification. In its First Report and Order amending rules concerning multiple ownership of standard, FM, and television broadcast stations, [FN91] the Commission stated:
A proper objective is the maximum diversity of ownership that technology permits in each area. We are of the view that 60 different licensees are more desirable than 50, and even that 51 are more desirable than 50. In a rapidly changing social climate, communication of ideas is vital. If a city has 60 frequencies available but they are licensed to only 50 different licensees, the number of sources for ideas is not maximized. It might be the 51st licensee that would become the communication channel for a solution to a severe local social crisis. No one can say that present licensees are broadcasting everything worthwhile that can be communicated. [FN92]
In its Second Report and Order, [FN93] the Commission underscored the importance of diversification of control:
Our diversification policy is derived from both First Amendment and anti-trust policy sources. The Federal Courts have consistently upheld our use of these grounds in efforts to promote diversity of control over the electronic media of mass communications. In its earliest opinions construing the Communications Act, the Supreme Court recognized that regulation of broadcasting was designed to preserve competition and prevent monopoly. The Supreme Court said in Red Lion Broadcasting Co. v. FCC: "It is the purpose of the First Amendment to preserve an uninhibited market place of ideas in which truth will ultimately prevail, rather than to countenance monopolization of that market, whether it be by the Government itself or a private licensee." The Court then concluded: "It is the right of the public to receive suitable access to social, political, aesthetic, moral, and other ideas and experiences which is crucial here. . . ." [FN94]
The concerns involved in the public interest, convenience, or necessity standard thus evolved steadily during the period from 1927 through the 1970s. [FN95] The Commission's primary concern at the outset was with fair and equitable distribution of broadcast facilities in light of the fact that there were not enough frequencies available for all of those who wanted to broadcast. [FN96] As the broadcasting industry developed into a major force in American society, the scarcity rationale remained, as indeed it had to, [FN97] and the public interest standard took on constitutional dimensions. The primary focus of the first amendment concern became the right, and really the need, of the public to receive a wide range of information so that our democratic form of government would work most effectively. [FN98] Maximum diversification of control of broadcast facilities, nationally and regionally, was a key policy in fulfilling this goal. A broadcast licensee was a public trustee, given temporary authority by the Commission to use the publicly owned airwaves to serve the public interest. This was the way things stood until the 1980s.
FN12. 36 Stat. 539 (1910).
FN13. S. HEAD, supra note 3, at 127.
FN14. 36 Stat. 629 (1910).
FN15. Id. § 1.
FN16. Ballard, How We Found Titanic, NAT'L GEOGRAPHIC 696, 704 (December 1985).
FN17. S. HEAD, supra note 3, at 127.
FN18. Id.
FN19. W. BITTNER, BROADCAST LAW AND REGULATION 5 (1982). See also S. HEAD, supra note 3, at 94, 127.
FN20. Pub. L. No. 62-264, 37 Stat. 302 (1912).
FN21. Id. § 4 (Sixth). (The Radio Act was divided into subsections denoted "First," "Second," and so forth.)
FN22. Id. § 4 (Ninth).
FN23. The Secretary of Commerce and Labor became known as the Secretary of Commerce in 1913. S. HEAD, supra note 3, at 128.
FN24. Radio Act of 1912, Pub. L. No. 62-624, § 1, 37 Stat. 302, 302-03 (1912), repealed by ch. 169, § 39, 44 Stat. 1162, 1174, which was repealed by Communications Act of 1934, ch. 652, § 602(a), 48 Stat. 1064, 1102.
FN25. Id. § 2.
FN26. S. HEAD, supra note 3, at 128.
FN27. There were only "about three" stations providing regular service in 1920. W. EMERY, BROADCASTING AND GOVERNMENT 23 (1971). By the end of 1925 there were almost 600 stations on the air and 175 applications for new stations. National Broadcasting Co. v. United States, 319 U.S. 190, 211 (1943).
FN28. Part of the problem was that there was a very limited number of frequencies (channels) available for stations to use. The 1912 Act had not specified which frequencies were to be used for broadcasting. The Secretary of Commerce initially selected two frequencies (750 and 833 kHz) on which all broadcasting stations were to operate. National Broadcasting Co., 319 U.S. at 211. Later, with the number of stations growing rapidly, he assigned 96 frequencies between 550 and 1500 kHz (roughly the same as today's AM band) to standard (AM) broadcasting. Id. Unfortunately, this was not enough to solve the problem. The interference situation was exacerbated by the instability of the stations' transmitters; among other things, the transmitters were incapable of remaining precisely on their assigned frequencies. An amusing example was the radio station of Aimee Semple McPherson, a popular evangelist of the 1920s. The station, operated from McPherson's "temple" in Los Angeles, was closed down by a government inspector because it "wandered all over the wave band." S. HEAD, supra note 3, at 129. McPherson then sent a telegram to the Secretary: "PLEASE ORDER YOUR MINIONS OF SATAN TO LEAVE MY STATION ALONE. YOU CANNOT EXPECT THE ALMIGHTY TO ABIDE BY YOUR WAVELENGTH NONSENSE. WHEN I OFFER MY PRAYERS TO HIM I MUST FIT INTO HIS WAVE RECEPTION. OPEN THIS STATION AT ONCE." Id. McPherson was persuaded to hire a competent engineer and the station was allowed to reopen. Id.
FN29. S. HEAD, supra note 3, at 129.
FN30. United States v. Zenith Radio Corp., 12 F.2d 614 (N.D. Ill. 1926).
FN31. Id. at 618.
FN32. S. HEAD, supra note 3, at 130.
FN33. Id. at 130-31.
FN34. Radio Act of 1927, Pub. L. No. 69-169, 44 Stat. 1162 (1927), repealed by Communications Act of 1934, ch. 652, § 602(a), 48 Stat. 1064, 1102.
FN35. Id. § 3.
FN36. Id. § 9.
FN37. See Munn v. Illinois, 94 U.S. 113 (1877), in which the United States Supreme Court upheld Congress' right to regulate the use of private property when the use was "affected with a public interest." Id. at 130. Private property became "clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large." Id. at 126.
FN38. Among these are telephone companies and power utilities, where monopolies may be necessary because of the impracticability of separate telephone and electrical wires installed by different companies in the same area; also included are railroads, where limited rights-of-way preclude the operation of more than one company's railroad. See, e.g., Essential Communications v. American Tel. & Tel., 610 F.2d 1114, 1118 (3d Cir. 1979).
FN39. Again, telephone companies and power utilities are included here because they use public land for the installation of wires; likewise, railroad tracks run on public land. Of course, these industries are allowed to profit from their use of publicly owned resources, as long as there is a corresponding public benefit. See, e.g., United States v. Joint Traffic Assoc., 171 U.S. 505, 570 (1898).
FN40. Jurisdiction of wire and wireless communication was split among the Federal Radio Commission, the Interstate Commerce Commission, and the Postmaster General. S. HEAD, supra note 3, at 133.
FN41. 47 U.S.C. §§ 151-805 (1982 & Supp. V 1987).
FN42. Id. § 602(a).
FN43. Id. § 151.
FN44. Id. § 601. Jurisdiction over government-owned stations was excluded. Id. § 305.
FN45. The language regarding the public interest standard is essentially the same in both Acts. Compare 47 U.S.C. § 307(a) (1982) with § 9 of the Radio Act of 1927, Pub. L. No. 69-169, § 9, 44 Stat. 1162 (1927). The objectives of both Acts were substantially the same. See FCC v. Pottsville Broadcasting Co., 309 U.S. 134, 137 (1940) (in essence, the 1934 Act repealed the 1927 Act and reenacted its provisions); 47 U.S.C.A. §§ 601, 603, 604 (1962 & Supp. 1989).
FN46. The spectrum of electromagnetic radiation includes all television and radio channels, both broadcast and nonbroadcast (aviation, police, fire, and mobile telephone, to name a few). For a more detailed explanation of the nature of electromagnetic radiation, see S. HEAD, supra note 3, at 21-57.
FN47. See, e.g., Communications Act of 1934 § 301, 47 U.S.C. § 301 (1982) ("It is the purpose of this Act . . . to provide for the use of [the airwaves], but not the ownership thereof . . . ."); FCC v. Sanders Bros. Radio Station, 309 U.S. 470, 475 (1940) ("The policy of the Act is clear that no person is to have anything in the nature of a property right as a result of the granting of a [broadcast] license.").
FN48. See National Broadcasting Company v. United States, 319 U.S. 190, 213 (1943). Note that this scarcity rationale, used to justify the application of a public interest standard in government regulation, is consistent with the government-granted monopoly rationale. See supra note 38 and accompanying text. An entity licensed to broadcast on a frequency has exclusive control, granted by the government, over that frequency in that geographic area; simultaneous use of the frequency by another user would cause objectionable interference. It was just this kind of interference which led to chaos on the airwaves during the 1920s and the subsequent enactment of the Radio Act of 1927. See supra note 28 and accompanying text; text accompanying note 33; Red Lion Broadcasting Co. v. FCC, 395 U.S. 367, 375-77 (1969).
FN49. The Commission has reserved FM channels 200-220 (87.9-91.9 MHz) for non-commercial educational use. 47 C.F.R. § 73.501 (1988). Additionally, a number of television assignments are reserved for non-commercial educational use. 47 C.F.R. § 73.606 (1988).
FN50. This is the public-resource/private-user/private-gain rationale, which also justified application of a public interest standard. See supra note 39 and accompanying text.
FN51. The application of the first amendment here concerns not as much the broadcasters' rights of free speech as the public's right to be informed. See infra notes 52-55 and accompanying text; text accompanying note 98; note 185; Red Lion, 395 U.S. at 386-92.
FN52. Statement Made by the [Federal Radio] Commission on Aug. 23, 1928, Relative to Public Interest, Convenience, or Necessity, 2 F.R.C. Ann. Rep. 166 (1928), reprinted in DOCUMENTS OF AMERICAN BROADCASTING 52-55 (F. Kahn ed. 3d ed. 1978). See also In re Great Lakes Broadcasting Co., F.R.C. Docket No. 4900, cited with approval in Public Service Responsibility of Broadcast Licensees (the FCC's "Blue Book," Mar. 7, 1946, reprinted in DOCUMENTS OF AMERICAN BROADCASTING, supra, at 132):
Broadcasting stations are licensed to serve the public and not for the purpose of furthering the private or selfish interests of individuals or groups of individuals. The standard of public interest, convenience, or necessity means nothing if it does not mean this. . . . The emphasis should be on the receiving of service and the standard of public interest, convenience, or necessity should be construed accordingly . . . . In a sense a broadcasting station may be regarded as a sort of mouthpiece on the air for the community it serves, over which its public events of general interest, its political campaigns, its election results, its athletic contests, its orchestras and artists, and discussion of public issues may be broadcast.
Id. at 155-56 (emphasis in original). It is important to note that these articulations of the public interest standard established criteria against which stations could be evaluated. As important as these criteria were when two or more applicants were battling for a new license, they became even more important when one or more applicants challenged an incumbent broadcaster's license. See infra notes 87, 90, and 157 for a brief description of the comparative hearing process.
FN54. Id. at 228 (Murphy, J., dissenting).
FN55. Policy Statement on Comparative Broadcast Hearings, 1 F.C.C.2d 393, 394 n.4 (1965) (citation omitted). See infra text accompanying note 94.
FN56. For a discussion of these rules and procedures, see infra notes 64-98 and accompanying text.
FN57. See, e.g., Irion, FCC Criteria for Evaluating Competing Applicants, 43 MINN. L. REV. 479, 481 (1959) ("a broadcaster must not merely cater to existing tastes and interests but must make at least a modest effort toward improving and widening them"); J. TUNSTALL, COMMUNICATIONS DEREGULATION 151 (1986) ("critics were . . . comparing U.S. radio with junk food — 20 different kinds of fast food, but no nourishing meals . . . .").
FN58. See infra note 232.
FN59. See, e.g., Deregulation of Radio, 84 F.C.C.2d 968, 980-82 (1981).
FN60. See McIntire v. William Penn Broadcasting Co. of Philadelphia, 151 F.2d 597, 599 (3d Cir. 1945), cert. denied, 327 U.S. 779 (1946).
FN61. The maximum license term was originally three years. Communications Act of 1934, ch. 652, § 307(d), 48 Stat. 1083, 1084 (1934) (redesignated and amended 1981). In 1987 it was increased to seven years for radio stations and five years for television stations. Order, 2 F.C.C. Rec. 3805 (1987). See infra note 157.
FN62. See supra note 48 and accompanying text.
FN63. 47 U.S.C. § 307(a) (1982).
FN64. A recent study by the Roper Organization indicated that 65 percent of the American public turn to television as the source of most of their news, and 49 percent consider television to be the most believable news source. Roper Organization, America's Watching: Thirtieth Anniversary Report at 14-15 (1989). See also 67 CONG. REC. 5558-59 (bound ed. Mar. 13, 1926) (statement of Rep. Johnson):
There is no agency so fraught with possibilities for service of good or evil to the American people as the radio. As a means of entertainment, education, information, and communication it has limitless possibilities. The power of the press will not be comparable to that of broadcasting stations when the industry is fully developed. . . . [Broadcasting stations] can mold and crystallize sentiment as no agency in the past has been able to do. If the strong arm of the law does not prevent monopoly ownership and make discrimination by such stations illegal, American thought and American politics will be largely at the mercy of those who operate these stations. For publicity is the most powerful weapon that can be wielded in a Republic, and when such a weapon is placed in the hands of one, or a single selfish group is permitted to either tacitly or otherwise acquire ownership and dominate these broadcasting stations throughout the country, then woe be to those who dare to differ with them. It will be impossible to compete with them in reaching the ears of the American people.
FN65. 47 C.F.R. § 0.281(a)(8) (1982).
FN66. Id.
FN68. 61 F.C.C.2d 1 (1976); 57 F.C.C.2d 418 (1975); 53 F.C.C.2d 3 (1975); 27 F.C.C.2d 650 (1971). The Commission first required commercial stations to conduct ascertainment studies in the Report and Statement of Policy Re: Commission en banc Programming Inquiry, 44 F.C.C. 2303, 2314, 2316 (1960). In 1971 the Commission issued its detailed Primer on Ascertainment of Community Problems by Broadcast Applicants, 27 F.C.C.2d 650, 682-87 (1971), and in 1975 its Primer on Ascertainment of Community Problems by Broadcast Renewal Applicants, 57 F.C.C.2d 418, 441-46 (1975), amended by 61 F.C.C.2d 1 (1976). Under the Commission's procedure, each commercial broadcast licensee was required to conduct annual interviews with members of the general public, 57 F.C.C.2d at 444-45, and with leaders of significant community groups, id. at 442-44; 27 F.C.C.2d at 682-85. From these interviews, the licensee was to list significant community problems and needs, 57 F.C.C.2d at 419, and then develop and air programming addressing at least some of those problems and needs. 27 F.C.C.2d at 685-86. The written records of the interviews, the list of problems and needs, and the descriptions of the programming were reviewed when the station's license came up for renewal (every three years). For details of these procedures, see Ascertainment of Community Problems by Broadcast Applicants, 53 F.C.C.2d 3 (1975).
FN69. See, e.g., Report and Statement of Policy Re: Commission en banc Programming Inquiry, supra note 68, at 2312-16; the Commission's "Blue Book," reprinted in DOCUMENTS OF AMERICAN BROADCASTING, supra note 52, at 183-88; National Broadcasting Co. v. United States, 319 U.S. 190, 203 (1943).
FN70. Report and Statement of Policy Re: Commission en banc Programming Inquiry, supra note 68, at 2312-18.
FN71. See infra notes 87, 90, 157, and accompanying text for a brief discussion of license renewal procedures, challenges, and comparative hearings.
FN73. See Report and Order, 32 F.C.C.2d 689, 690 (1962).
FN74. Id. at 691.
FN75. See supra text accompanying notes 46-48.
FN76. See Remarks of Secretary of Commerce Herbert Hoover, Fourth National Radio Conference, Proceedings and Recommendations for Regulation of Radio 6 (November 9-11, 1925), quoted in W. EMERY, supra note 27, at 28: "We can no longer deal on the basis that there is room for everybody on the radio highways. There are more vehicles on the roads than can get by, and if they continue to jam in, all will be stopped."
FN77. See supra notes 39, 50, and accompanying text.
FN78. See, e.g., Policy Statement on Comparative Broadcast Hearings, 1 F.C.C.2d 393, 394-96 (1965).
FN79. 47 C.F.R. § 73.3555(d) (1984).
FN80. An entity that owns more than one broadcast station in a single service (Standard (AM), FM, and television are the three broadcast services) is commonly referred to as a group owner.
FN81. 47 C.F.R. § 73.3555(a) (1988).
FN82. Standard (AM), FM, and television are the three broadcast services; therefore, the rule required a certain minimum distance between two commonly owned AM stations, two commonly owned FM stations, or two commonly owned television stations. The minimum distance was not specified in miles, but rather in terms of the signal strength from each station. The rule prohibited overlap of the 1 mv/m signal strength contours for the commonly owned stations. The strength of any station's signal at a particular point is measured in millivolts of radio frequency energy induced by the station's signal in a wire that is one meter long ; hence, the unit millivolts per meter, or mv/m. R.H. KINLEY, STANDARD RADIO COMMUNICATIONS MANUAL 31 (1985). A 1 mv/m contour is the set of all points surrounding the station's antenna, on the surface of the earth, at which the signal strength is 1 mv/m. The higher the number of mv/m, the stronger and therefore clearer the signal. A signal strength of 1 mv/m produces a good signal for FM radios and a fair signal for AM radios. Telephone interview with Edward F. Perry, Jr., Technical Consultant, Educational FM Associates, Duxbury, Mass. (Apr. 10, 1990).
FN83. 47 C.F.R. § 73.3555(b) (1988).
FN84. 22 F.C.C.2d 306, 309 (1970). The radio duopoly and one-to-a-market rules were known together as the local (or regional) concentration rules.
FN85. The rule of sevens was something of a compromise of the Commission's policy of maximum diversification. For a discussion of this policy, see infra notes 86-94 and accompanying text. The compromise was adopted to avoid undue disruption of multiple station holdings at the time the rule was promulgated. Report and Order, 18 F.C.C. 288, 295 (1953). The Commission granted waivers of the local concentration rules from time to time when such waivers were found to be in the public interest. See, e.g., Hawaiian Broadcasting System, 8 F.C.C. 379 (1941). However, the rule of sevens was inflexible. See W. EMERY, supra note 27, at 249-50 (regardless of the facts, no entity could own more than seven AM, seven FM, and seven television stations, no more than five of which could be VHF). See also infra note 127.
FN86. 1 F.C.C.2d 393 (1965).
FN87. A comparative hearing is a hearing, held before an FCC administrative law judge, at which two or more applicants for a single license are represented. The hearing may occur when two or more applicants apply for a single new license, or when one or more applicants challenge an incumbent broadcaster's license renewal application. S. HEAD, supra note 3, at 348.
FN88. 1 F.C.C.2d at 394. The Commission's footnote at this point is reproduced in part as the text accompanying note 55, supra.
FN89. 1 F.C.C.2d at 394.
FN90. Id. at 395-96 (emphasis added). The four other factors the Commission said it would review were: proposed program service, id. at 397-98; past broadcast record, id. at 398; efficient use of frequency, id. at 398-99; and character, id. at 399. The Commission also noted that it might review other factors if warranted. Id.
FN91. 22 F.C.C.2d 306 (1970).
FN92. Id. at 311.
FN93. 50 F.C.C.2d 1046 (1975).
FN94. Id. at 1048-49 (citations omitted).
FN95. The public interest standard was first applied to broadcasting in 1927. See supra notes 34-36 and accompanying text. The Commission began deregulating the broadcasting industry in the 1970s. J. TUNSTALL, supra note 57, at 29. The deregulatory pace accelerated tremendously under the Reagan administration in the early 1980s. Id. at 30. All of the deregulatory actions considered in this Comment took place during the 1980s. See infra notes 99-143 and accompanying text.
FN96. See First Report and Order, 22 F.C.C.2d 306 (1970):
[O]ne person should not be licensed to operate more than one broadcast station in the same place, and serving substantially the same public, unless some other relevant public interest consideration is found to outweigh the importance of diversifying control. It is elementary that the number of frequencies available for licensing is limited. In any particular area there may be many voices that would like to be heard, but not all can be licensed.
Id. at 311. See also the discussion of this scarcity rationale, supra notes 46-48 and accompanying text.
FN97. With more commercial broadcasting stations on the air now than ever before (4966 AM, 4251 FM, and 1088 television stations, Summary of Broadcasting & Cable, BROADCASTING, Dec. 25, 1989, at 11, col. 1), there are obviously fewer available frequencies now on which new stations can be authorized. The available spectrum space cannot simply be expanded to allow a greater number of broadcast stations to go on the air; to do so would displace other licensed users, including aircraft, police and fire departments, and shortwave international broadcasting, among others. There are fewer available channels than ever before, and almost invariably there are numerous applicants for each. See infra note 157.
FN98. See supra text accompanying notes 51-55 and 94; infra note 232.
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Diary of a Lagos Bachelor: When Hot Romance with a Neighbour Turns Dead Cold
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On this episode of the 'Diary of a Lagos Bachelor' series, OSAYIMWEN OSAHON GEORGE narrates the story of a Lagos single man whose relationship recently became a victim of the chain reaction of the regressive economy in Nigeria where most ladies not only 'dig gold but also mine and refine it'.
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When Kabiru a tall, slim, dark-skinned and averagely handsome young man in his late 20s first spotted Ngozi at the Yaba area of Lagos State in April, 2016, he never knew fate was going to bring them together romantically in the nearest future. Kabiru, a native of Osun State, South-western part of Nigeria had just moved to Lagos State in June, 2015 for economic reasons.
He was on a journalistic assignment and had to complete an editorial work at his company's private quarters with a colleague when he set his eyes on her. Ngozi resided in one of the numerous apartments in a highly populated four-storey building that housed seeming low-income earners in Lagos State. Ngozi's large family shared a one-bedroomed apartment with the company's lodge. The only thing Kabiru observed about her at first sight was her availability and smile as he conducted an interview via telephone.
"You have many ladies in this area. It must be fun staying here"
Kabiru told his colleague after spotting several females swarming the company's apartment like a customer-care centre.
"Nothing special, they are just our friends and neighbours"
the colleague responded with a big grin.
Kabiru's colleague, Jibrin had just relocated from Kaduna State to work in Lagos State. Due to the high cost of living at the commercial epicentre of Nigeria, he was forced to reside at the company's quarters pending on when he would raise enough money to rent his own apartment and acquire appropriate properties. Kabiru also had his fair share of financial challenges. He slept in his aunt's living room on a 6 inches, 3.5 Ft X 6 Ft X student bed while he aggressively saved funds to restore his dignity as a man.
Jibrin offered Kabiru some Tiger Nuts as he prepared for the phone interview of an eminent politician in Nigeria. Kabiru carelessly almost started eating them without washing but Ngozi who watched from a distance came from nowhere and grabbed the fruits. The light-skinned hand was like that of a ghost but Kabiru smiled in surprise. She dashed off to the kitchen, rinsed the fruits and served them on a plate before Kabiru.
"Thank you so much"
he told her.
"You're welcome"
Ngozi responded as she left the room.
The initial encounter ended there until 8 months later when Kabiru was technically kicked out of his aged aunt's house. Kabiru endured a frosty relationship with his aunt until his perseverance level was stretched to the limit. Kabiru later joined his two other colleagues in the company's apartment where two big bedrooms were expensively furnished for workers.
Kabiru was later told that Ngozi had left the house for her National Youth Service Corp programme in Oyo State. Due to the proximity of Lagos and Oyo States, Ngozi spent some of her weekends in Lagos. According to Kabiru, he never thought he could ever develop any feelings for Ngozi as they never had any personal talks for a long period of time. Kabiru was at that time in a serious relationship with one Morenike in Osogbo, Osun State and aside that, Ngozi appeared too "Jew" for him.
"I think there was never a way I could have been attracted to her as I am a man who is always moved by what he sees"
Kabiru said while speaking with the reporter.
"Ngozi at some point didn't care about her physical appearance. Most times, her hair was left untidy or she purposely went for the worst hair styles due to financial issues and she had a way of tying her mother's wrapper around her body like she was in the medieval period"
he jokingly added.
Kabiru would later admit that she appeared to him as a good girl who coordinated the affairs of the house including managing her exuberant younger ones in the absence of her parents. Most especially, Ngozi's intimate connection with an adorable baby living with her family won the heart of Kabiru; he felt she had a good heart. Kabiru struggled with his relationship in silence. He noticed Ngozi and himself started talking more in the kitchen whenever he went to wash his food flask to convey food to work as he wasn't comfortable with eating out.
"She was always complaining of her Place of Primary Assignment - a secondary school where she claimed to be over-worked without pay. I gave her regular advice about how to manage NYSC challenges effectively. She had a way of smiling at me then which was an indication that I stood a chance if I wanted her but that wasn't concrete enough."
he said.
Shortly after Ngozi's NYSC programme, she joked about supporting her future fiance with part of her bride price - a sum total of N250,000 according to traditional rites of her hometown – Umudike, Abia State. Kabiru enjoyed the talk and laughed about being interested in marrying her among his colleagues. Jibrin who was present wouldn't take the gist with a pinch of salt as he made a consistent claim that the duo had started dating. The joke seemed enjoyable initially but it started getting to the parties involved.
Kabiru had reservations about dating Ngozi due to the proximity of their abodes. Relationships could be unpredictable and he was wary of being involved in any dirty rivalry with his neighbour over a failed relationship as well as other possible minor skirmishes. Ngozi's plum size was another source of concern to him but he was thrilled by her level of intelligence. She was academically sound and had views one should be proud of. Kabiru could be regarded as a sapiosexual person; hence, his easy attraction to Ngozi.
Kabiru and Ngozi would later agree on Whatsapp to start dating as she saw nothing odious about being involved with her next door neighbour. Ngozi's 'Born Again' stance discouraged Kabiru as he predicted a clash in values and personal standards. Kabiru, a Christian, in his deepest thoughts hoped to enjoy the full benefits of romance with Ngozi without resistance. She was blessed with a flawless light-skin, firm and massive bosom, fresh lips, considerable height and an 'up and coming' bum. Only if Kabiru knew there was more to that good girl with innocent smiles. Ngozi was tired of the wall she built around herself according to her Christian faith and she was eager to demolish them.
"I was stunned when Ngozi offered to kiss me during a late night chat on Whatsapp. It was around 2am and she wanted to taste my lips which she secretly admired from my Instagram pictures"
Kabiru averred with a lasting smile.
Kabiru who has a history of being 'shady' sneaked out of the room as his roommate chased his dreams with his eyes closed to wait for Ngozi in the restroom attached to his apartment which wasn't too close to the rooms. There was a pin-drop silence everywhere except for the crickets and other insects as the mammoth crowd in the drab building were in deep sleep. Lagosians are hard workers and they seldom joke with their night rest to recover the needed energy for the following day.
Ngozi later joined him looking so scared of being caught. She appeared so innocent and even lacked kissing skills. She was totally unromantic and her too-decent appearance betrayed her intentions. Kabiru was so impressed with her for taking the risk which could be detrimental if they were caught. Kabiru kissed and hugged her closely as he whispered 'Thank You' into her ear. Ngozi dashed off to her house as Kabiru waited behind in the bathroom to avoid suspicions.
This was a watershed moment in their relationship. The love grew bigger every day. Dating Ngozi gave him the feeling of hitting a jackpot. Ngozi had just been with a single guy all her life about 6 months before they met, so she was very much in good shape. The duo attended Church together, ate together, stayed up at night talking passionately and planning out their future. Cute pictures of the duo flooded Kabiru's social media pages with congratulatory messages recorded in the comment sections of their pictures. Gradually, the so-called 'Born Again' sister became a pro in romance. She would gather information online and practicalize on her good-looking man. In no time, the student took the position of the lecturer and the lecturer became the student in the 'other room'.
But the relationship wasn't perfect just like life itself. Ngozi suffered from chronic 'self-entitlement' problems. She believes her partner owes her and this is a common mentality among the majority of ladies in Lagos. Ngozi's penchant for money was typical of an Igbo person as many would always say. Her needs were unnecessarily endless and her happiness was costly. It was as if Kabiru adopted an adult daughter as Ngozi became his sole responsibility. He never knew he was apparently shining a shoe for a highest bidder to put on. In explicit political terms, he was running an 'interim administration'. Kabiru, a low-income earner struggled and suffered in silence but he consoled himself that succour was close as far as he could double his efforts and help her secure a good job. Ngozi almost finished with a First Class degree but that guarantees nothing in Nigeria due to the fragile nature of the local economy coupled with high rate of corruption among the leaders in the country.
Ngozi was finally able to secure a 'small job' as a primary school teacher which paid her a paltry sum of N30,000 as monthly salary but she had no patience at all. She didn't want to reap her rewards in heaven like other teachers.
"I think she felt she is a beautiful person whose beauty could attract a better man with a strong financial base. She had a bitter taste of poverty when she was growing up and was scared of going through the ordeal again. She tried hiding her fears but they were written boldly on her forehead"
distraught Kabiru narrated.
Kabiru also complained that Ngozi had a legendary hypocritical approach towards life and she was really 'tight-fisted'.
"Ngozi lives a double life and she could be expertly secretive thereby preventing people around her from knowing her true self. She tried to have a clean slate in life as she felt she was a role model to other people. She would constantly clear her Facebook and Whatsapp chats, hide certain phone applications and also lock her phone. She loved to wipe off her browsing history as she visited questionable pages intermittently"
"I hate to say this..... but Ngozi is the kind of lady who would initiate s*x, enjoy it, demand for more rounds and after she is satisfied, she would later blame her partner for it, claiming she was lured into an unbiblical act. Who does that?"
Kabiru asked sounding so emotional with tears welled in his eyes.
He then continued after taking a deep breath and putting himself together as if he was going to break down; "I think she is a very stingy person. She never believed in giving. I ostensibly got nothing from her if romance is taken out of the equation. I was like a fool. A happy fool for that matter" he emphasized.
Kabiru left the company's apartment after saving up enough money to secure a room and a parlour flat to start his life. The rental of the apartment alongside of other bottlenecks associated with renting houses gulped about N400,000 aside the purchase of properties and other necessities for which he expended N500,000 more funds. Ngozi played a pivotal role in helping set up the apartment as she monitored the carpentry and electrical works. As poor Kabiru felt like an achiever after emptying his bank account, he was stunned when Ngozi revealed she wasn't going to live in that house as his wife if they eventually get married. She also demanded that he should go buy a car before she would put to bed in the marriage. It was from this moment Kabiru started getting the true picture of her. Ngozi's loyalty was listed for sale on e-Bay and Jumia.
The scale eventually fell off Kabiru's eyes when Ngozi went on a date with a man she claims has been her toaster for almost a decade. Ngozi had already gone on a date with this same fellow at the inception of the relationship which Kabiru frowned at on being told. After enjoying the date to which her sister accompanied her, Ngozi took pictures of the assorted fishes, drinks and Nkwobi – a local meal and kept them on her phone to relish the good memories. Out of guilt and probably because a colleague of kabiru got wind of the date, Ngozi out of fear decided to go ahead of the potential saboteur or informant to report herself. Kabiru was heartbroken and it became clear to him that that he was fiddling with a ticking bomb.
Kabiru is of the opinion that the tough quest for survival in Lagos as well as the biting economic realities is affecting the psyche and behavioural tendencies of Lagosians.
"In Osun State, life was different; a beautiful lady could love you for just your life vision and goals alone without necessarily seeing any trace of concrete success. It's all about potentials and not really present realities. People over there are generally poor but they are happy and contented. Pseudo or direct prostitution was never prominent as we have in Lagos today. Here, there is no difference between a good and a bad girl when wads of cash are involved"
Kabiru said.
Kabiru who is fast becoming a consultant on relationship issues after his ordeal claims majority of ladies in Lagos are wary of poverty so they tend to use what they have to secure what they want.
"I think it's all about making hay while the sun shines. If your beauty is your strength, then you can use it to attract the man with your desired bank account. Some use their bogus breasts and bums to get what they want. Others use their body shapes while others boast about their sexual or cooking prowess. Ngozi left me after her chances of landing an executive job became slimmer. The unemployment and inflation rate have made things worse for people"
he concluded.
On the 1st of October, 2017, Kabiru's relationship slipped into coma as Nigerians celebrated Independence Day. Ngozi who started by frowning her face at him in Church during the Sunday service later made up an excuse that he wasn't religious enough for her liking and she would love to date someone that was 'close to God'. Kabiru being a smart reporter was more focused on what she wasn't saying rather than her words. He withdrew a bit and started grappling with reality. They stopped talking from that moment and 5 days later, Ngozi dropped the bombshell that she was done with him. This was just four days to his birthday which Ngozi claimed she had plans for. Yes, she had a plan truthfully but it was a plan to do nothing. Ngozi wasn't even kind enough for drop a single birthday wish for her former benefactor who assisted her financially from the little he made as salary monthly.
For about two weeks, Kabiru will pay attention to the entrance of his house hoping Ngozi would come knocking like she used to every weekend but it never happened. Ngozi had embraced 'Jesus Christ' in a covert operation to catch a big fish in her Church which was like an assembly of the affluent. She joined her Church choir and started taking weekly and Sunday programmes seriously. Kabiru almost felt her reason for leaving was genuine until he was told how Ngozi boasted about meeting some rich and young guys in her church who drove big rides. She even advised a neighbour who was in a long-term relationship to try out her Church to see if he could meet 'big girls'. This was a concealed fortune-seeking and fortune-hunting move. It was never about her salvation. It was about her survival and selfish interests.
Kabiru is hopeful about picking up the pieces and giving love a shot again. This time, he is considering storming some remote villages far from civilization in a desperate hunt for his future partner.
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The AECF engages with its sister fora, namely the Construction Client Forum (CCF) and the Construction Academia Forum (CAF), to facilitate joined-up thinking on matters of shared interest and to ensure collective and collaborative advancement of Lean Construction in Ireland.
AECF representatives play a crucial role on the Lean Construction Ireland Leadership Group; they ensure that the AEC supply chain plays its part in fulfilling on the vision and objectives; and they ensure that ideas and issues from the AECF feed into the Leadership Group's strategic planning, and likewise that ideas and issues from the Leadership Group feed into the AECF.
AECF representatives are also members of the various Lean Construction Ireland Sub-Committees working and delivering on specific pillars and projects.


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There are risks that go along with road congestion and higher traffic levels, to be sure. However, the statistics show that the weekends still lead to more car accidents. One study examined the stats and ranked the days as follows, from the fewest crashes to the most:
What does this tell you? It could suggest that people taking a long weekend, adding a day off on either side, increase the risk.
The reasons for the higher risk are many, but some risk factors include night driving, drinking and driving and increased leisure travel. People are more likely to leave the house at night on the weekend, knowing they don't have to get up early to work, and they're more likely to take trips or hit up the bars.
It's important to know when the most dangerous times to drive are, but avoiding them still doesn't guarantee you'll avoid accidents. Be sure you know your legal rights if you're injured.
Source: National Motorists Association, "What Is The Most Dangerous Day Of The Week To Drive?," accessed Nov. 17, 2017]]>
Although different areas of Michigan receive different levels of snow fall annually and have different average temperatures, the whole state, from Detroit to Sault Ste. Marie to Escanaba has more severe winters than many other states. Drivers across the state need to take special steps to reduce the risk posed by winter weather conditions.]]> Pay attention to maintenance needs and invest in snow tires
One of the best things you can do to reduce your risk for a winter crash is to maintain your vehicle as best as possible. Failing breaks or other mechanical issues could increase your risk for a collision in inclement weather. Before the snow starts sticking around, you should schedule a visit with a trusted mechanic to ensure that everything on your vehicle is in working order.
Similarly, the late fall and early winter are a good time to change out your summer tires for snow tires. You may even need to buy new tires if your old snow tires have gotten worn down. Loss of traction on slippery roads is a major contributor to winter crashes, so anything you can do to improve traction is a good idea. Newer tires and tires designed to offer better traction in cold, wet and icy conditions will offer the best protection from losing control of your vehicle on icy or slippery roads.
Slow down and adjust your schedule to leave earlier
You never know when a storm is going to hit, and the weather forecast can miss showers or major storms that seemingly blow in out of nowhere. Commuting to work in the morning after a storm can be a slow and dangerous trip. Your best hope for safety comes from being able to drive slowly and not feeling panic or stress due to running late. Depending on the severity of the storm and the amount of snowfall, you may have to substantially decrease the speed of your vehicle to stay safe on the roads.
Getting up earlier can ensure you leave with plenty of time for your drive. While cold winter mornings aren't the most inviting thing in the world, waking up a few minutes early is preferable to experiencing a major collision in the winter. Plan for an extra 30-50 percent of your typical drive time.
Of course, you can't control how others drive in the snow. Remaining alert can reduce your risks, but a driver who has lost control of a vehicle could still cause a crash and serious injuries. Stay alert and stay safe on those freezing winter roads.]]>
Now you're wondering how long these are going to take to heal. This can be a painful time, both physically and emotionally, and you're looking for answers.]]> Those answers do depend on the severity of the burn. For instance, a first-degree burn only impacts the epidermis, which is the outermost layer of your skin. You probably have minor pain and the area looks red. That should heal in a week. Some experts put the range between three and six days.
A second-degree burn gets down into the second layer of your skin, which is known as the dermis. You'll see swelling and higher pain levels. The skin will blister. This can take 14 to 21 days to heal. You may even need extensive treatments, like skin grafts, in the worst cases.
Third-degree burns encompass everything else, and they can be very significant. You may see charring and large portions of skin will be killed. Nerve endings may also die. Pain levels depend on the extent of the damage. They may be the worst, but, when damage is so bad that nerves are killed, pain can actually be reduced.
The time it takes a third-degree burn to heal differs from case to case. It can take quite a long time and require extensive treatment. Some burns never fully heal, as the scars and discoloration will always remain.
Burn injuries can be very expensive and they can significantly impact your quality of life. Be sure you know what legal rights you may have to seek out compensation.
Source: UC Irvine Health, "Burn FAQ," accessed Nov. 08, 2017]]>
However, one thing that researchers found to have a consistent influence was simply the speed of the car. Even with small increases that drivers barely notice, the odds of death or serious injury increase dramatically.]]> For instance, the risk of significant injury when a car is going just 16 mph is calculated at 10 percent. This is far slower than most people ever drive for any extended distance.
By just 23 mph, also slower than the vast majority of traffic, the odds had skyrocketed. They hit a full 25 percent. That means serious injury is more than twice as likely when going just 7 mph faster. People often shrug off mild speeding, thinking it's not a big deal, but this tells a different story.
The increase continues. At a mere 31 mph, the pedestrian had a 50-50 chance of a serious injury. By 39 mph, it had climbed to 75 percent. By 46 mph, it hit 90 percent -- a virtual certainty that the person would be significantly hurt. By 58 mph, there was a 90 percent chance the person would be killed.
As you can see, even slight speed increases put people in incredible danger. If you've been hit by a speeding driver and you're facing high medical bills, make sure you know all of your legal rights.
Source: AAA, "Impact Speed and a Pedestrian's Risk of Severe Injury or Death," Brian C. Tefft, accessed Nov. 02, 2017]]>
The impact was so violent that the ambulance went out of control and sailed over the edge of a bridge. It landed in a river. There were two people inside, and both workers suffered serious injuries. The crash happened on Monday, Oct. 16 around 6:25 a.m.]]> Authorities originally thought they were going to need to airlift the injured people from the site, but other ambulances arrived and took them to local medical centers. While the two in the first ambulance lived, the man in the car that was struck tragically passed away.
He leaves behind a young daughter. The woman he planned to marry is pregnant with their son.
The Michigan State Police are looking into the accident, trying to find out why the ambulance did not stop at the sign as it should have. Though the investigation is not over yet, there is speculation that fog may have played a role.
The two emergency workers in the ambulance were in the cold creek water after the crash, and reports show that they have hypothermia to go along with their other injuries.
When an accident takes a life, it's always tragic, but stories like this -- with the young family left behind -- show how far-reaching an accident can be. It's important for family members to know what legal rights they may have to compensation at this trying time as they face medical bills, funeral costs and lost wages.
Source: WNEM, "Gofundme created for man killed in Saginaw Co. ambulance crash," Jessica Royce, Oct. 18, 2017]]>
If you find yourself behind the wheel and navigating slick roadways, here are some of the many things you need to do:
If you are part of a motor vehicle accident, move your car to the side of the road and call 911 for help.
Once you receive treatment, find out more about the accident. If the other driver is responsible, you may be able to file a claim to receive compensation for your injuries and other damages.]]>
For example, one study looked at accidents in which pedestrians were using headphones when they were hit. In 2004, there were 16 such accidents. In 2010, there were 47.]]> Researchers warned that headphone use is a clear distraction that can make an accident more likely. A pedestrian stepping into a crosswalk without headphones may be able to hear a car speeding up and making a left-hand turn, but a pedestrian without headphones may be oblivious. This can lead to accidents that could otherwise have been avoided.
In fact, roughly 33 percent of drivers who were involved in these accidents said they hit the horn before the accident. Pedestrians did not always hear the warning.
These accidents can be fatal. Almost 70 percent of them ended with the death of the pedestrian. That was out of 116 total crashes that were studied. While 10 percent of these happened in rural or suburban areas, most -- the other 90 percent -- took place in cities.
Of course, pedestrians have a right to safety, whether they're wearing headphones or not. While avoiding distractions is wise and can certainly help prevent serious injury, they're not obligated to leave the MP3 player or the phone at home so that they can dodge cars in crosswalks. Those who are hit can face high medical bills and need to know all of their legal options to gain compensation.
Source: Live Science, "Injuries, Deaths Rise for Pedestrians Wearing Headphones," Linda Thrasybule, accessed Oct. 16, 2017]]>
As such, it's very important to know if you've suffered nerve damage in a motor vehicle accident. You need to get proper medical attention, and you may have lasting needs -- like physical therapy -- that come with long-term costs.]]> Three signs that may point to nerve damage include:
It's important to note that nerve injuries can be slightly different for everyone. There are other symptoms that may occur -- the sensation of pins and needles, paralysis, muscle atrophy, and more -- and the severity can be different from one injury to the next.
The key thing to remember, though, is that nerve damage can be expensive to treat and the treatment can take months or even years. An injury that took less than a second to occur could really drag on and even keep you out of work. As you're facing these challenges, you may want to know about your legal rights to get financial compensation from the driver who caused the crash.
Source: WebMD, "Nerve Pain and Nerve Damage," accessed Oct. 11, 2017]]>
In short, they don't think being tired is going to cause a crash. Even if they acknowledge that it can, they don't think they're that tired, and they assume they can just gut it out and get home safely.]]> The reality is quite different. For instance, the AAA Foundation for Traffic Safety contends that drivers are involved in one out of every six deadly wrecks. In many cases, this happens because they literally fall asleep behind the wheel. Even nodding off for a second or two and then jerking back awake can be plenty of time for a car to crash when it's going 55 miles per hour.
Even so, surveys have found that tired drivers are very common. One survey had 2 percent of those who took it say they regularly drove when they were feeling tired -- something that is perhaps common on that early-morning commute to school or work, or on a late-night commute home.
In the month before the survey was conducted, a full 28.3 percent of people said they'd chanced it and driven while tired a least one time. Perhaps more frightening is that 19 percent said they did it multiple times.
The risk is more than just deadly accidents. AAA says that 13.1 percent of wrecks that put people in the hospital and 7 percent of crashes where a car had to be towed are the result of tired drivers.
As you can see, the risk is always there, whether other drivers take it seriously or not. If you're hit and injured, be sure you know about your right to financial compensation.
Source: The Street, "5 Signs You're Too Tired to Drive," Jerry Kronenberg, accessed Oct. 05, 2017]]>
What you're wondering at that point is if the parent is responsible for the crash and your child's injuries. Can you get compensation for those medical bills? Below are a few common reasons for ATV accidents:]]> 1. Driving on pavement.
The tires on an ATV are made for dirt, sand and rocks. They can slide on pavement, and their handling is poor.
2. Improper supervision.
Young, inexperienced riders need proper supervision. Adults should be highly involved to ensure that ATVs are used safely.
3. Putting two people on a one-person ATV.
Not all ATVs are made for passengers. Many are made specifically for one driver alone. If the parent allowed your child to ride along on an ATV not designed for pasengers, that could have contributed to the accident and/or the injuries.
4. Doing stunts.
ATVs are often used for dangerous stunts. These could include going over ramps, performing jumps or doing a wheelie, which is the practice of popping the front end up and riding just on the rear wheels. Common or not, many ATVs not designed for these dangerous activities.
5. Breaking the law.
Did the parent know the local laws and regulations governing ATV use? Laws may have accidentally or intentionally been broken.
The more you can learn about how the accident happened, the better. If it does appear that the other parent was at fault, be sure you know all of the legal options that you have.
Source: Offroad Ed, "Causes of ATV Accidents," accessed Sep. 25, 2017]]>
For example, one study listed car accidents as the eighth leading cause of death in the United States. It found that the odds of being killed in an accident were one in 272.]]> However, that didn't even count motorcycle accidents, which came in at No. 12 all on their own. The odds of dying on a motorcycle were one in every 802.
Pedestrian accidents were even higher, coming in at No. 11. The odds of being struck and killed while walking or jogging were one in every 623.
So, what happens when you combine all accidents involving vehicles on land, leaving out just boats and airplanes? Those accidents ranked out at No. 4 overall in the study. The odds of being killed in a vehicle accident of any kind are one in 85.
The only three things the study found took more lives were strokes, cancer and heart disease.
Every time you get in the car to make a run to the store or head over to a friend's house, you likely don't think about the risks, but the reality is that you are putting your life on the line each time you drive.
If a loved one is involved in an accident of any kind that is caused by someone else's negligence, and if he or she passes away or suffers catastrophic injuries, be sure you know what legal options you have at your disposal.
Source: Med Help, "The 25 Most Common Causes of Death," Chris Jagger, accessed Sep. 19, 2017]]>
To better understand the situation, below are a few key stats about falls from the Centers for Disease Control and Prevention:]]> 1. Serious injuries stem from 20 percent of falls, or one out of every five. These issues could include things like head injuries or broken bones.
2. About 800,000 people wind up in the hospital annually after falls. The most common reasons they need treatment are because of the aforementioned head injuries and hip fractures.
3. Nothing causes more traumatic brain injuries (TBIs) than falls. A TBI can have a vast range of consequences, sometimes resulting in the permanent loss of motor skills, cognitive skills and other functions.
4. Falls are also responsible for the vast majority of hip fractures. 300,000 elderly people or more wind up in the hospital with these hip fractures every year. 95 percent of those injuries were caused by falls.
5. Fall injuries cost around $31 billion every year.
As you can see, falls are very common. The consequences are very real and can have a permanent impact on someone's quality of life. Many times, the costs associated with these injuries are dramatic.
Did an elderly loved one fall in a nursing home and suffer serious injuries? If neglect or abuse was involved, it's crucial that you know what legal rights your family may have.
Source: CDC, "Important Facts about Falls," accessed Sep. 11, 2017]]>
It can be, but experts warn that things are changing. While the front is still dangerous for young kids, it can sometimes be safer for adults.]]> The reason the back seat used to be so safe was simple: In a head-on crash, you had extra space. You were also thrown forward into the back of a seat, which was relatively soft compared to the steering wheel, the windshield or the dashboard.
The change, though, is due to improvements in safety. The front seats now often have multiple airbags to make sure people don't hit those hard contact points. The cars themselves have crumple zones so that all of the energy doesn't transfer into the frame and the passengers.
While a lot of progress has been made in these areas, some experts warn that the same emphasis has not been put on making the back seats any safer. They have stayed closer to the same over the years.
That's not necessarily a bad thing. One study found that 88 percent of passengers wind up riding in the front passenger seat. Additionally, there are many drivers who use their cars alone, despite having five or six seats available. With such a high percentage of occupants in the front, that's where the safety officials have had to focus. Still, it does beg the question of whether or not more could be done for those back-seat passengers.
Have you been injured in a car accident, or has a child been hurt in the back seat? Make sure you know your legal rights to compensation.
Source: CBS News, "In car crashes, backseat can be more dangerous than the front," Kate Gibson, accessed Sep. 07, 2017]]>
For instance, perhaps your spouse gets involved in a car accident on the way home from a friend's house. What started as a low-key Wednesday night turns into the defining night of your life.]]> In the immediate aftermath of the incident, the Brain Injury Association of America notes that you may have to take on a multitude of jobs to keep life going smoothly. Things like banking, preparing meals, doing the laundry and taking the kids to school don't come to a sudden stop.
Granted, you probably took on many of those jobs before, but you also split them with your spouse. It can feel overwhelming to do it all on your own.
This is especially true because your spouse is still in the hospital at this point. You want to be there for him or her. You're grieving the unfortunate situation, looking into medical options and talking to both the doctors and the insurance company.
But the only change isn't immediate. Even with minor brain injuries that heal relatively well, there can be serious alterations down the road.
For instance, your spouse could come home with no memory of the accident, just feeling frustrated and irritable about what happened. He or she may have undergone serious personality changes, to the point that family members may feel like they don't even know the person anymore. Serious mental issues, like depression, are often reported.
Limitations may last forever. Some of those tasks that you took on right after the injury could wind up as yours to keep. If your spouse is no longer able to handle complex tasks and work with numbers, for instance, doing the banking, the taxes, and the family finances is no longer an option.
Of course, with serious brain injuries, there can be significant physical and cognitive changes. A person who can no longer speak needs assistance in simple communication. A person who can no longer walk needs physical assistance every day, likely for the rest of his or her life. Simple tasks like taking showers become time-consuming and difficult. Being a caregiver can turn into a full-time job.
You can't ignore these costs. You and your spouse both used to work. If your spouse can never get back in the workforce and also needs you to quit your job to become a caregiver, how do you pay the bills and care for the kids?
As you can see, the impact of a brain injury is far-reaching and may last for years or for life. In the face of these changes and monetary issues, be sure you know all of the options you have.]]>
In 1975, a full 1,003 bicyclists died in accidents. This fell for decades, but it saw a serious increase in 2015, when it jumped up more than 12 percent from 2014 and 818 people were killed.]]> In 2014, roughly 50,000 people were injured on their bikes while in traffic. Despite the rise in deaths in 2015, the injury stats did fall by about 10 percent, dropping to roughly 45,000.
Adult bicyclists do appear to be in the most danger. For example, the average age of those who pass away is 45 years old. In 2002, the average age was 36, so this has been increasing. That being said, 5,000 bicyclists under the age of 15 were hurt in 2014, and 37 of them were killed. That's 7 percent of the total.
Men are also in far more danger than women. A full 83 percent of those who were hurt were men, as were 87 percent of those who were killed.
It is worth noting that bike lanes can help. For example, one study found that just 3 percent of the deadly crashes happened in bike lanes. Sixty-one percent of these accidents happened in parts of the roadway other than intersections. The city is also most dangerous, as 70 percent of all deadly wrecks were in urban settings.
Have you been seriously injured in a bike accident by a negligent driver? As the medical bills pile up, it may be time to look into your legal rights.
Source: BHSI, "Statistics," accessed Aug. 31, 2017]]>


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- Minimises discomfort
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Our ladies' Epilator aims to minimise discomfort and is a great alternative to unpleasant depilatories, irritating waxing or shaving.
This compact cordless electric tweezer system (requires 2 x AAA batteries - not supplied) is designed to remove hair at the root for skin that is left silky smooth and stubble free for weeks!
Removing even extremely short hair (¼ mm) that is barely visible to the naked eye this Epilator is gentle enough to use on the bikini line, underarms, legs and face.
Comes complete with cleaning brush and measures a compact 12cm x4cm (4¾in x1½in).
In stock orders are normally delivered within 5 days using a tracked courier service. We deliver to the UK. Regrettably we cannot deliver to the Channel Islands and the Republic of Ireland. Please note our Customer Services opening times are 10am - 4pm, Monday - Friday
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Reviews (11)
4 / 5
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Meh not took good
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By Mrs jennifer glover , 16 Feb 2016
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