PERVASIVE NEW MEDIA: INDECENCY REGULATION AND THE END OF THE DISTINCTION BETWEEN BROADCAST TECHNOLOGY AND SUBSCRIPTION-BASED MEDIA

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. Broadband technology enables one to broadcast talk radio and music over the internet to reach listeners via their personal computers. Satellite broadcasters use a pay model, selling special radios for listeners to tune into digital satellite programming. Online and satellite stations are increasing their audiences while traditional radio has struggled for over a decade to maintain its audience.

The recent high-profile signing of Howard Stern by Sirius Satellite Radio and the 43% average yearly growth in listeners that internet radio has experienced since 2000 have pushed these new media to the forefront of popular culture.