States have largely abdicated regulatory authority for electronic media—television and radio—even though a review of federal pre- emption law suggests that only transmissions into a state from out of state or on cable are preempted. In other words, broadcasts that originate within a state are subject to state regulation. Although a state may claim such jurisdiction without a provision that makes the authority explicit, an explicit statement of jurisdiction is substantially preferable. A state may achieve this purpose with a statute that explicitly permits electronic media advertising, even if it does not impose any specific requirements. Such a provision provides the state ABC department with.
