Federal Communications Commission
Encyclopedia
The Federal Communications Commission (FCC) is an independent agency of the United States government
, created, Congressional
statute
(see and ), and with the majority of its commissioners appointed by the current President
. The FCC works towards six goals in the areas of broadband
, competition
, the spectrum
, the media
, public safety
and homeland security
. The Commission is also in the process of modernizing itself.
The FCC took over wire communication regulation from the Interstate Commerce Commission
. The FCC's mandated jurisdiction covers the 50 states
, the District of Columbia, and U.S. possessions. However, the FCC also provides varied degrees of cooperation, oversight, and leadership for similar communications bodies in other countries of North America
. The FCC has an estimated 2011 budget of US$
335.8 million which is entirely funded by regulatory fees, and has a proposed budget of $354.2 million for 2012, which will also be fully derived from regulatory fees. It has 1,898 federal employees.
and as amended by the Telecommunications Act of 1996
(amendment to 47 U.S.C. §151) it is the FCC's mission to "make available so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, rapid, efficient, Nation-wide, and world-wide wire and radio communication services with adequate facilities at reasonable charges."[sic] The Act furthermore provides that the FCC was created "for the purpose of the national defense" and "for the purpose of promoting safety of life and property through the use of wire and radio communications."
Consistent with the objectives of the Act as well as the 1993 Government Performance and Results Act (GPRA), the FCC has identified six goals in its 2006-2011 Strategic Plan. These are:
. None of them may have a financial interest in any FCC-related business.
|-
! width=150 | Name
! width=150 | Position
! width=200 | Residence
! width=75 | Party
! width=100 | Nomination
! width=150 | Term
Expires
|-
| align="left" | Genachowski, Julius
|| Chairman || District of Columbia || D || PN220-111 || 2013
|-
| align="left" | Copps, Michael J. || Commissioner || Virginia || D || PN1051-109 || 2010
|-
| align="left" | McDowell, Robert M.
|| Commissioner || Virginia || R || PN550-111 || 2014
|-
| align="left" | Clyburn, Mignon
|| Commissioner || South Carolina || D || PN670-111 || 2012
|-
The FCC is organized into seven Bureaus and ten Staff Offices, described in the following sections.
.
(National Broadcasting Company), which ultimately led to the creation of ABC
(American Broadcasting Company), but there were two other important points. One was network option time, the culprit here being CBS
. The report limited the amount of time during the day, and what times the networks may broadcast. Previously a network could demand any time it wanted from an affiliate. The second concerned artist bureaus. The networks served as both agents and employees of artists, which was a conflict of interest the report rectified.
, the FCC found that it placed many stations too close to each other, resulting in interference. At the same time, it became clear that the designated VHF channels, 2 through 13, were inadequate for nationwide television service. As a result, the FCC stopped giving out construction permits for new licenses in October 1948. Most expected this "Freeze" to last six months, but as the allocation of channels to the emerging UHF technology and the eagerly-awaited possibilities of color television were debated, the FCC's re-allocation map of stations did not come until April 1952, with July 1, 1952 as the official beginning of licensing new stations.
Other FCC actions hurt the fledgling DuMont and ABC networks. AT&T
forced television coaxial cable users to rent additional radio long lines, discriminating against DuMont, which had no radio network operation. DuMont and ABC protested AT&T's television policies to the FCC, which regulated AT&T's long-line charges, but the commission took no action. The results was that financially marginal DuMont was spending as much in long-line charge as CBS or NBC while using only about 10 to 15 percent of the time and mileage of either larger network.
The FCC's "Sixth Report & Order" ended the Freeze. It would take five years for the U.S. to grow from 108 stations to more than 550. New stations came on line slowly, only five by the end of November 1952. The Sixth Report and Order required some existing TV stations to change channels, but only a few existing VHF stations were required to move to UHF, and a handful of VHF channels were deleted altogether in smaller media market
s like Peoria
, Fresno
, and Bakersfield
to create markets which were UHF "islands." The report also set aside a number of channels for the newly emerging field of educational television, which hindered struggling ABC and DuMont
's quest for affiliates in the more desirable markets where VHF channels were reserved for non-commercial use.
The Sixth Report and Order also provided for the "intermixture" of VHF and UHF channels in most markets; UHF transmitters in the 1950s were not yet powerful enough, nor receivers sensitive enough (if they included UHF tuners at all - they were not formally required until the 1960s All-Channel Receiver Act), to make UHF viable against entrenched VHF stations. In markets where there were no VHF stations and UHF was the only TV service available, UHF survived. In other markets, which were too small to financially support a television station, too close to VHF outlets in nearby cities, or where UHF was forced to compete with more than one well-established VHF station, UHF had little chance for success.
Denver
had been the largest U.S. city without a TV station by 1952. Senator Edwin Johnson
(D-Colorado), chair of the Senate's Interstate and Foreign Commerce Committee
, had made getting Denver the first post-Freeze station his personal mission. He had pressured the FCC, and proved ultimately successful as the first new station (a VHF station) came on-line a remarkable ten days after the Commission formally announced the first post-Freeze construction permits. KFEL (now KWGN-TV
)'s first regular telecast was on July 21, 1952.
. The FCC controlled telephone rates to limit the profits of AT&T and ensure nondiscriminatory pricing. In the 1960s, the FCC began allowing other long-distance companies, namely MCI, to offer specialized services. In the 1970s, the FCC allowed other companies to expand offerings to the public. A lawsuit in 1982 led by the Justice Department after AT&T underpriced other companies, resulted in the split of the Bells from AT&T. Beginning in 1984, the FCC implemented a new goal that all long-distance companies had equal access to the local phone companies' customers.
, in the wake of the break-up of AT&T resulting from the U.S. Justice Department's antitrust suit against AT&T. In part, the 1996 legislation attempted to create more competition in local telephone service by requiring Incumbent Local Exchange Carriers
to provide access to their facilities for Competitive Local Exchange Carrier
s.
This policy has thus far had limited success and much criticism. The development of the Internet
, cable services and wireless services has raised questions whether new legislative initiates are needed as to competition in what has come to be called 'broadband' services. Congress has monitored developments but as of 2009 has not undertaken a major revision of applicable regulation. The Local Community Radio Act
in the 111th Congress
has gotten out of committee and will go before the house floor with bi-partisan support, and unanimous support of the FCC.
as President of the United States in 1981 accelerated an already ongoing shift in the FCC towards a decidedly more market-oriented stance. A number of regulations felt to be outdated were removed, most controversially the Fairness Doctrine
in 1987. The FCC also took steps to increase competition to broadcasters, fostering broadcast alternatives such as cable television. In terms of indecency fines, there was no action taken by the FCC from FCC v. Pacifica
until 1987, about ten years later.
In the early 2000s, the FCC began stepping up censorship and enforcement of indecency regulations again, most notably following the Janet Jackson
"wardrobe malfunction
" that occurred during the halftime show of Super Bowl XXXVIII
. However, the FCC's regulatory domain with respect to indecency remains restricted to the public airwaves, notably VHF and UHF television and AM/FM radio.
On June 15, 2006, President
George W. Bush
signed into law the Broadcast Decency Enforcement Act of 2005
sponsored by Senator
Sam Brownback
, a former broadcaster
himself, and endorsed by Congressman Fred Upton
of Michigan
who authored a similar bill in the United States House of Representatives
. The new law stiffens the penalties for each violation of the Act. The Federal Communications Commission will be able to impose fines in the amount of $325,000 for each violation by each station that violates decency
standards. The legislation raised the fine ten times over the previous maximum of $32,500 per violation.
A complete list of commissioners is available on the FCC website. Notable commissioners include:
s, amateur radio
operators, and repeater
stations as well as commercial broadcasting
operators who operate and repair certain radiotelephone
, television, radar
, and Morse code
radio stations. In recent years it has also licensed people who maintain or operate GMDSS stations. Broadcast license
s are to be renewed if the station meets the "public interest, convenience, or necessity".
The FCC's enforcement powers include fines and broadcast license revocation (see FCC MB Docket 04-232). Burden of proof would be on the complainant in a petition to deny. Fewer than 1% of station renewals are not immediately granted, and only a small fraction of those are ultimately denied.
While the FCC maintains control of the written and Morse testing standards, it no longer administers the exams, having delegated that function to private organizations.
, LORAN-C transmission towers or VLF transmission facilities of the US Navy, or about towers not used for transmission like the BREN Tower
. These are instead tracked by the Federal Aviation Administration
as obstructions to air navigation
.
.
that eliminated a 40-station national ownership cap.
The report was never made public, nor have any similar analyses followed, despite the fact that radio industry reports were released in 1998, 2001 and 2002. In September 2006, Senator Barbara Boxer
, who had received a copy of the report, released it.
The conclusion of the study was at odds with FCC arguments made when it voted in 2003 to increase the number of television stations a company could own in a single market. (In June 2004, a federal appeals court rejected the agency's reasoning on most of the rules and ordered it to try again.)
In September 2006, Senator Barbara Boxer
, who had received a copy of the report "indirectly from someone within the FCC who believed the information should be made public," wrote a letter to FCC Chairman Kevin Martin, asked whether any other commissioners "past or present" knew of the report's existence and why it was never made public. She also asked whether it was "shelved because the outcome was not to the liking of some of the commissioners and/or any outside powerful interests?" Boxer's office said if she does not receive adequate answers to her questions, she will push for an investigation by the FCC inspector general.
When it emerged in 2006 that AT&T, BellSouth and Verizon may have broken U.S. laws by aiding the National Security Agency in possible illegal wiretapping of its customers, Congressional representatives called for an FCC investigation into whether or not those companies broke the law. The FCC declined to investigate, however, claiming that it could not investigate due to the classified nature of the program– a move that provoked the criticism of members of Congress.
"Today the watchdog agency that oversees the country's telecommunications industry refused to investigate the nation's largest phone companies' reported disclosure of phone records to the NSA," said Rep. Edward Markey (D-Mass.) in response to the decision. "The FCC, which oversees the protection of consumer privacy under the Communications Act of 1934, has taken a pass at investigating what is estimated to be the nation's largest violation of consumer privacy ever to occur. If the oversight body that monitors our nation's communications is stepping aside then Congress must step in."[14
, the League of United Latin American Citizens
(LULAC) and others held town hall meetings in California, New York and Texas on media diversity as its affects Latinos and minority communities. They documented widespread and deeply-felt community concerns about the negative effects of media concentration and consolidation on racial-ethnic diversity in staffing and programming. At these Latino town hall meetings, the issue of the FCC's lax monitoring of obscene and pornographic material in Spanish-language radio and the lack of racial and national-origin diversity among Latino staff in Spanish-language television were other major themes.
President Barack Obama appointed Mark Lloyd
to the FCC in the newly created post of Associate General Counsel/Chief Diversity Officer.
While technology innovators such as Google
and Microsoft
are vying for the use of this white-space to support innovation in Wi-Fi
technology, broadcasters and wireless microphone manufacturers fear that the use of white-space would "disrupt their broadcasts and the signals used in sports events and concerts." Cell phone providers such as T-Mobile USA have mounted pressure on the FCC to instead offer up the white-space for sale to boost competition and market leverage.
On November 4, 2008, the FCC unanimously agreed to open up unused broadcast TV spectrum for unlicensed use.
and has laid down guideline rules that it expects the telecommunications industry to follow. On February 11, 2008 Rep. Ed Markey and Rep. Chip Pickering introduced HR5353 "To establish broadband policy and direct the Federal Communications Commission to conduct a proceeding and public broadband summit to assess competition, consumer protection, and consumer choice issues relating to broadband Internet access services, and for other purposes." On 1 August 2008 the FCC formally voted 3-to-2 to upholding a complaint against Comcast
, the largest cable company in the US, ruling that it had illegally inhibited users of its high-speed Internet service from using file-sharing software. The FCC imposed no fine, but required Comcast to end such blocking in 2008. FCC chairman Kevin J. Martin said the order was meant to set a precedent that Internet providers, and indeed all communications companies, could not prevent customers from using their networks the way they see fit unless there is a good reason. In an interview Martin stated that "We are preserving the open character of the Internet" and "We are saying that network operators can't block people from getting access to any content and any applications." Martin's successor, Julius Genachowski
has maintained that the FCC has no plans to regulate the internet, saying: "I've been clear repeatedly that we're not going to regulate the Internet." The Comcast case highlighted broader issues of whether new legislation is needed to force Internet providers to maintain network neutrality
, i.e. treat all uses of their networks equally. The legal complaint against Comcast
related to BitTorrent, software that is commonly used for downloading larger files.
s, and instead choosing [proprietary closed standards, or allowing communications companies to do so and implement the anticompetitive practice of vendor lock-in
, thereby preventing a free market.
In the case of digital TV, it chose the ATSC
standard, even though DVB was already in use around the world, including DVB-S
satellite TV in the U.S. Unlike competing standards, the ATSC system is encumbered by numerous patents, and therefore royalties that make TV sets and DTV converters much more expensive than in the rest of the world. Additionally, the claimed benefit of better reception in rural areas is more than negated in urban areas by multipath interference
, which other systems are nearly immune to. It also cannot be received while in motion for this reason, while all other systems can, even without dedicated mobile TV
signals or receivers.
For digital radio
, the FCC chose proprietary HD Radio
, which crowds the existing FM broadcast band
and even AM broadcast band with in-band adjacent-channel
sideband
s, which create noise in other stations. This is in contrast to worldwide DAB
, which uses unused TV channels in the VHF band III
range. This too has patent fees, while DAB does not. Enormous expense is involved in converting each station, largely from these fees, and so it is completely prohibitive for community radio
and most other non-commercial educational
stations.
Satellite radio
(also called SDARS by the FCC) uses two proprietary standards instead of DAB-S, which requires users to change equipment when switching from one provider to the other, and prevents other competitors from offering new choices as stations can do on terrestrial radio. Had the FCC picked DAB-T for terrestrial radio, no separate satellite receiver would have been needed at all, and the only difference from DAB receivers in the rest of the world would be in software, where it would need to tune S band
instead of L band
.
In mobile telephony
, the FCC abandoned the "any lawful device" principle decided against AT&T
landline
s, and has instead allowed each mobile phone company
to dictate what its customers can use.
, as well as trading auctionable spectrum to Nextel to resolve public safety RF interference problems. Conversely, it has also been criticized for forcing stations to buy and install all new equipment (transmitter
s,[TV antennas, and even entirely new broadcast towers), and operate for years on both channels at once. This was at great expense to every TV station, and without government compensation for the regulatory taking
, despite 20 billion dollars brought in by taking more than 25% of the TV broadcast band (and the part most valuable for mobile TV, the future of broadcasting) away and auctioning it. On June 12, 2009, all full-power analog terrestrial TV licenses in the U.S. were terminated, with terrestrial television subsequently available only from the digital channels and a few low-power LPTV stations, leaving stations and the viewing public with millions of dollars in useless analog equipment, and with a reduced audience that could not or would not get the necessary DTV converter boxes. See DTV transition in the United States
.
, and the then-new National Public Radio. The exception to the ban is for NAB/NPR member stations (and now religious radio) to construct broadcast translators, which raises issues about equal protection of free speech, because it bans technically-identical stations just for originating their own programming. Commercial station groups are now also using "translator" stations to circumvent caps on local media ownership, be feeding them a signal that is also broadcast on an AM station or "HD" channel that cannot otherwise be heard.
The concept of the city of license
has also become a nearly meaningless legal fiction
over the years, as stations no longer have any requirement to air any local content.
There have been many restrictions made by the FCC regarding licensed radio and TV stations, but they made less sense as more and more were licensed. As the market competition increases, the commission relaxed some ownership rules in 1985 (e.g. anti-trafficking; ascertainment; duopoly and syndication; financial interest rules; limits on commercials)
Thus it is clear that public consultation, or at least consultation with outside bodies was regarded as central to the Commission’s job from early on. Though it should not be surprising, the Act also stipulated that the Commission should verbally communicate with those being assigned licenses. Section 11 of the Act noted:
Including members of the general public in the discussion was regarded (or at least articulated) as very important to the Commission’s deliberations. In fact, FCC Commissioner Bellows noted at the time that “it is the radio listener we must consider above everyone else.” Though there were numerous representatives of the general public at the hearing, some expressing their opinions to the commission verbally, overall there was not a great turnout of everyday listeners at the hearings.
Though not a constant fixture of the communications policy-making process, public hearings were occasionally organized as a part of various deliberatory processes as the years progressed. For example, seven years after the enactment of the Radio Act, the Communications Act of 1934
was passed, creating the FCC. That year the Federal Government’s National Recovery Agency (associated with the New Deal period) held public hearings as a part of its deliberations over the creation of new broadcasting codes.
A few years later, the FCC held hearings to address early cross-ownership issues; specifically, whether newspaper companies owning radio stations was in the public interest. These “newspaper divorcement hearings” were held between 1941 and 1944, though it appears that these hearings were geared mostly towards discussion by industry stakeholders. Around the same time, the Commission held hearings as a part of its evaluation of the national television standard, and in 1958 held additional hearings on the television network
broadcasting rules. Though public hearings were organized somewhat infrequently, there was an obvious public appeal. In his now famous “vast wasteland” speech in 1961, FCC Chairman Newton Minow noted that the commission would hold a “well advertised public hearing” in each community to assure broadcasters were serving the public interest, clearly a move to reconnect the Commission with the public interest (at least rhetorically).
In September 2002, the FCC issued a Notice of Proposed Rulemaking stating that the Commission would re-evaluate its media ownership rules pursuant to the obligation specified in the Telecommunications Act of 1996. As 2003 was approaching, a battle of words (and perhaps actions) developed between Chairman Powell and Democratic Commissioner Michael Copps. Commissioner Copps felt that the Republican FCC was too focused on the neo-liberal agenda, and not focused enough on hearing the public’s voice regarding the issues at hand, noting, “We need a much wider participation … this is not an inside-the-Beltway issue.” Copps repeatedly called for the FCC to hold public hearings with time devoted to public input. Powell responded by noting that the public had already taken advantage of the online comment submission process and that no public hearings would be necessary. A spokesman for Powell noted, “if Commissioner Copps thinks something more can be gained from having hearings, he should feel free to do so.” In the end, Commissioner Copps and Commissioner Jonathan Adelstein organized a number of “unofficial” FCC hearings.
On January 16, 2003, the FCC held an “unofficial” public hearing on media ownership at Columbia University; Chairman Michael Powell was in attendance. His opening remarks however, certainly reflected the lack of interest the Commission had displayed towards public hearings in recent years:
The Chief of the Media Bureau and some other associates would be there all day to hear a full report on the event.
Copps remained adamant that all Commissioners should attend an official FCC hearing before any decisions were made. An editorial in Broadcasting and Cable articulated the heated nature of the eventual decision regarding an official hearing (at least from the Republican standpoint). The article is quoted at length as it includes a variety of points that are relevant:
Construction of the Portals building was scheduled to begin on March 1, 1996. In January 1996 the General Services Administration
signed a lease with the building's owners, agreeing to let the FCC lease 450000 square foot of space in Portals for 20 years, at a cost of $17.3 million per year in 1996 dollars. Prior to its current arrangement, the FCC had space in six buildings by 19th Street NW and M Street NW. The FCC first solicited bids for a new headquarters complex in 1989. In 1991 the GSA selected the Portals site. The FCC had wanted to move into a more expensive area along Pennsylvania Avenue
.
Independent agencies of the United States government
Independent agencies of the United States federal government are those agencies that exist outside of the federal executive departments...
, created, Congressional
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
(see and ), and with the majority of its commissioners appointed by the current President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
. The FCC works towards six goals in the areas of broadband
Broadband
The term broadband refers to a telecommunications signal or device of greater bandwidth, in some sense, than another standard or usual signal or device . Different criteria for "broad" have been applied in different contexts and at different times...
, competition
Competition
Competition is a contest between individuals, groups, animals, etc. for territory, a niche, or a location of resources. It arises whenever two and only two strive for a goal which cannot be shared. Competition occurs naturally between living organisms which co-exist in the same environment. For...
, the spectrum
Radio frequency
Radio frequency is a rate of oscillation in the range of about 3 kHz to 300 GHz, which corresponds to the frequency of radio waves, and the alternating currents which carry radio signals...
, the media
Media (communication)
In communications, media are the storage and transmission channels or tools used to store and deliver information or data...
, public safety
Public Safety
Public safety involves the prevention of and protection from events that could endanger the safety of the general public from significant danger, injury/harm, or damage, such as crimes or disasters .-See also:* By nation...
and homeland security
Homeland security
Homeland security is an umbrella term for security efforts to protect states against terrorist activity. Specifically, is a concerted national effort to prevent terrorist attacks within the U.S., reduce America’s vulnerability to terrorism, and minimize the damage and recover from attacks that do...
. The Commission is also in the process of modernizing itself.
The FCC took over wire communication regulation from the Interstate Commerce Commission
Interstate Commerce Commission
The Interstate Commerce Commission was a regulatory body in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including...
. The FCC's mandated jurisdiction covers the 50 states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, the District of Columbia, and U.S. possessions. However, the FCC also provides varied degrees of cooperation, oversight, and leadership for similar communications bodies in other countries of North America
North America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
. The FCC has an estimated 2011 budget of US$
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
335.8 million which is entirely funded by regulatory fees, and has a proposed budget of $354.2 million for 2012, which will also be fully derived from regulatory fees. It has 1,898 federal employees.
Mission and strategy
As specified in section one of the Communications ActCommunications Act of 1934
The Communications Act of 1934 is a United States federal law, enacted as Public Law Number 416, Act of June 19, 1934, ch. 652, 48 Stat. 1064, by the 73rd Congress, signed by President Franklin D. Roosevelt, codified as Chapter 5 of Title 47 of the United States Code, et seq. The Act replaced the...
and as amended by the Telecommunications Act of 1996
Telecommunications Act of 1996
The Telecommunications Act of 1996 was the first major overhaul of United States telecommunications law in nearly 62 years, amending the Communications Act of 1934. This Act, signed by President Bill Clinton, was a major stepping stone towards the future of telecommunications, since this was the...
(amendment to 47 U.S.C. §151) it is the FCC's mission to "make available so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, rapid, efficient, Nation-wide, and world-wide wire and radio communication services with adequate facilities at reasonable charges."[sic] The Act furthermore provides that the FCC was created "for the purpose of the national defense" and "for the purpose of promoting safety of life and property through the use of wire and radio communications."
Consistent with the objectives of the Act as well as the 1993 Government Performance and Results Act (GPRA), the FCC has identified six goals in its 2006-2011 Strategic Plan. These are:
- Broadband: "All Americans should have affordable access to robust and reliable broadbandBroadbandThe term broadband refers to a telecommunications signal or device of greater bandwidth, in some sense, than another standard or usual signal or device . Different criteria for "broad" have been applied in different contexts and at different times...
products and services. Regulatory policies must promote technological neutralityNetwork neutralityNetwork neutrality is a principle that advocates no restrictions by Internet service providers or governments on consumers' access to networks that participate in the Internet...
, competitionCompetitionCompetition is a contest between individuals, groups, animals, etc. for territory, a niche, or a location of resources. It arises whenever two and only two strive for a goal which cannot be shared. Competition occurs naturally between living organisms which co-exist in the same environment. For...
, investmentInvestmentInvestment has different meanings in finance and economics. Finance investment is putting money into something with the expectation of gain, that upon thorough analysis, has a high degree of security for the principal amount, as well as security of return, within an expected period of time...
, and innovationInnovationInnovation is the creation of better or more effective products, processes, technologies, or ideas that are accepted by markets, governments, and society...
to ensure that broadband service providers have sufficient incentives to develop and offer such products and services." - Competition: "Competition in the provision of communication services, both domestically and overseas, supports the Nation's economy. The competitive framework for communications services should foster innovation and offer consumers reliable, meaningful choice in affordable services."
- Spectrum: "Efficient and effective use of non-federal spectrumRadio frequencyRadio frequency is a rate of oscillation in the range of about 3 kHz to 300 GHz, which corresponds to the frequency of radio waves, and the alternating currents which carry radio signals...
domestically and internationally promotes the growth and rapid development of innovative and efficient communication technologies and services." - Media: "The Nation's mediaMedia (communication)In communications, media are the storage and transmission channels or tools used to store and deliver information or data...
regulations must promote competition and diversityDiversity (politics)In the political arena, the term diversity is used to describe political entities with members who have identifiable differences in their backgrounds or lifestyles....
and facilitate the transition to digital modes of delivery." - Public Safety and Homeland Security: "Communications during emergencies and crisis must be available for public safetyPublic SafetyPublic safety involves the prevention of and protection from events that could endanger the safety of the general public from significant danger, injury/harm, or damage, such as crimes or disasters .-See also:* By nation...
, healthPublic healthPublic health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
, defense, and emergency personnel, as well as all consumers in need. The Nation's critical communications infrastructure must be reliable, interoperable, redundant, and rapidly restorable." - Modernize the FCC: "The Commission shall strive to be highly productive, adaptive, and innovative organization that maximizes the benefits to stakeholders, staff, and management from effective systems, processes, resources, and organizational cultureOrganizational cultureOrganizational culture is defined as “A pattern of shared basic assumptions invented, discovered, or developed by a given group as it learns to cope with its problems of external adaptation and internal integration" that have worked well enough to be considered valid and therefore, to be taught to...
."
Organization
The FCC is directed by five commissioners appointed by the U.S. president and confirmed by the U.S. Senate for five-year terms, except when filling an unexpired term. The president designates one of the commissioners to serve as chairman. Only three commissioners may be members of the same political partyPolitical party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
. None of them may have a financial interest in any FCC-related business.
FCC commissioners
{| class="wikitable" style="text-align:center"|-
! width=150 | Name
! width=150 | Position
! width=200 | Residence
! width=75 | Party
! width=100 | Nomination
! width=150 | Term
Expires
|-
| align="left" | Genachowski, Julius
Julius Genachowski
Julius Genachowski is an American lawyer and businessman. He became Federal Communications Commission Chairman on June 29, 2009.-Education:Genachowski grew up in Great Neck, New York. He attended yeshiva and studied in Israel...
|| Chairman || District of Columbia || D || PN220-111 || 2013
|-
| align="left" | Copps, Michael J. || Commissioner || Virginia || D || PN1051-109 || 2010
|-
| align="left" | McDowell, Robert M.
Robert M. McDowell
Robert Malcolm McDowell is a commissioner at the Federal Communications Commission.-Federal Communications Commissioner:...
|| Commissioner || Virginia || R || PN550-111 || 2014
|-
| align="left" | Clyburn, Mignon
Mignon Clyburn
Mignon L. Clyburn was nominated as a member of the Federal Communications Commission on June 25, 2009, and sworn in August 3, 2009. Her term runs until June 30, 2012...
|| Commissioner || South Carolina || D || PN670-111 || 2012
|-
The FCC is organized into seven Bureaus and ten Staff Offices, described in the following sections.
Bureaus
'The Bureaus' include processing applications for licenses and other filings, analyzing complaints, conducting investigations, developing and implementing regulations, and participating in hearingsHearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
.
- The Consumer & Governmental Affairs (CGB) develops and implements the FCC's consumer policiesConsumer protectionConsumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
, including disability accessDisability rights movementThe disability rights movement is the movement to secure equal opportunities and equal rights for people with disabilities. The specific goals and demands of the movement are: accessibility and safety in transportation, architecture, and the physical environment, equal opportunities in independent...
. CGB serves as the public face of the FCC through outreach and education, as well as through their Consumer Center, which is responsible for responding to consumer inquiries and complaints. CGB also maintains collaborative partnerships with state, local, and tribal governments in such areas as emergency preparedness and implementation of new technologies. - The Enforcement Bureau (EB) is responsible for enforcement of provisions of the Communications Act 1934, FCC rules, FCC orders, and terms and conditions of station authorizations. Major areas of enforcement that are handled by the Enforcement Bureau are consumer protection, local competition, public safety, and homeland securityHomeland securityHomeland security is an umbrella term for security efforts to protect states against terrorist activity. Specifically, is a concerted national effort to prevent terrorist attacks within the U.S., reduce America’s vulnerability to terrorism, and minimize the damage and recover from attacks that do...
. - The International Bureau (IB) develops international policies in telecommunications, such as coordination of frequency allocationFrequency allocationUse of radio frequency bands of the electromagnetic spectrum is regulated by governments in most countries, in a Spectrum management process known as frequency allocation or spectrum allocation. Radio propagation does not stop at national boundaries...
and orbital assignments so as to minimize cases of international electromagnetic interferenceElectromagnetic interferenceElectromagnetic interference is disturbance that affects an electrical circuit due to either electromagnetic induction or electromagnetic radiation emitted from an external source. The disturbance may interrupt, obstruct, or otherwise degrade or limit the effective performance of the circuit...
involving U.S. licensees. The International Bureau also oversees FCC compliance with the international Radio RegulationsRadio RegulationsThe Radio Regulations is an intergovernmental treaty text of the International Telecommunication Union , the Geneva-based specialised agency of the United Nations which coordinates and standardises the operation of telecommunication networks and services and advances the development of...
and other international agreements. - The Media Bureau (MB) develops, recommends and administers the policy and licensing programs relating to electronic mediaElectronic mediaElectronic media are media that use electronics or electromechanical energy for the end-user to access the content. This is in contrast to static media , which today are most often created electronically, but don't require electronics to be accessed by the end-user in the printed form...
, including cable televisionCable televisionCable television is a system of providing television programs to consumers via radio frequency signals transmitted to televisions through coaxial cables or digital light pulses through fixed optical fibers located on the subscriber's property, much like the over-the-air method used in traditional...
, broadcast television, and radio in the United States and its territories. The Media Bureau also handles post-licensing matters regarding direct broadcast satelliteDirect broadcast satelliteDirect broadcast satellite is a term used to refer to satellite television broadcasts intended for home reception.A designation broader than DBS would be direct-to-home signals, or DTH. This has initially distinguished the transmissions directly intended for home viewers from cable television...
service. - The Wireless Telecommunications Services (WCS) such as Advanced Wireless Services (AWS) and fixed, mobile, and broadcast services on the 700 MHz Band.
- The Wireline Competition Bureau (WCB) develops policy concerning wirelinePlain old telephone servicePlain old telephone service is the voice-grade telephone service that remains the basic form of residential and small business service connection to the telephone network in many parts of the world....
telecommunications. The Wireline Competition Bureau's main objective is to promote growth and economical investments in wireline technology infrastructure, development, markets, and services. - The Public Safety and Homeland Security Bureau was launched in 2006.
Offices
The FCC's Offices provide support services to the Bureaus. Though the Bureaus and Offices have their individual functions, they regularly work together on FCC issues.- The Office of Administrative Law Judges (OALJ) is responsible for conducting hearings ordered by the Commission. The hearing function includes acting on interlocutory requestsInterlocutoryInterlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue...
filed in the proceedings such as petitions to intervene, petitions to enlarge issues, and contested discovery requests. An Administrative Law Judge, appointed under the Administrative Procedure ActAdministrative Procedure ActThe Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...
, presides at the hearing during which documents and sworn testimony are received in evidence, and witnesses are cross-examined. At the conclusion of the evidentiary phase of a proceeding, the presiding Administrative Law Judge writes and issues an Initial Decision which may be appealed to the Commission. - The Office of Communications Business Opportunities (OCBO) promotes telecommunications business opportunities for small, minority-ownedMinority Business EnterpriseA Minority Business Enterprise is an American term which is defined as a business which is at least 51% owned, operated and controlled on a daily basis by one or more American citizens of the following ethnic minority classifications:...
, and women-owned businesses. OCBO works with entrepreneurs, industry, public interest organizations, individuals, and others to provide information about FCC policies, increase ownership and employment opportunities, foster a diversity of voices and viewpoints over the airwaves, and encourage participation in FCC proceedings. - The Office of Engineering and Technology (OET) advises the Commission concerning engineering matters.
- Its chief role is to manage the electromagnetic spectrumElectromagnetic spectrumThe electromagnetic spectrum is the range of all possible frequencies of electromagnetic radiation. The "electromagnetic spectrum" of an object is the characteristic distribution of electromagnetic radiation emitted or absorbed by that particular object....
, specifically frequency allocation and spectrum usage. OET conducts technical studies of advanced phases of terrestrial and space communications and administers FCC rules regarding radio devices, experimental radio services, and industrial, scientific, and medical equipment. - OET organizes the Technical Advisory CouncilTechnical Advisory CouncilThe Technical Advisory Council, or TAC, is a federal advisory committee of the Federal Communications Commission and the FCC's Office of Engineering and Technology...
, a committee of FCC advisors from major telecommunicationTelecommunicationTelecommunication is the transmission of information over significant distances to communicate. In earlier times, telecommunications involved the use of visual signals, such as beacons, smoke signals, semaphore telegraphs, signal flags, and optical heliographs, or audio messages via coded...
and media corporations. - OET operates the Equipment Authorization Branch, which has the task of overseeing equipment authorization for all devices using the electromagnetic energy from 9 kHz to 300 GHz. OET maintains an electronic database of all Certified equipment which can be easily accessed by the public.
- Its chief role is to manage the electromagnetic spectrum
- The Office of General Counsel serves as the chief legal advisor to the Commission. The General Counsel also represents the Commission in litigation in United States federal courtsUnited States federal courtsThe United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, recommends decisions in adjudicatory matters before the Commission, assists the Commission in its decision making capacity and performs a variety of legal functions regarding internal and other administrative matters. - The Office of the Inspector General (OIG) recommends policies to prevent fraud in agency operations. The Inspector General recommends corrective action where appropriate, referring criminal matters to the United States Department of JusticeUnited States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
for potential prosecution. - The Office of Legislative Affairs (OLA) is the FCC's liaison to the United States Congress, providing lawmakers with information about FCC regulations. OLA also prepares FCC witnesses for Congressional hearings, and helps create FCC responses to legislative proposals and Congressional inquiries. In addition, OLA is a liaison to other federal agencies, as well as state and local governments.
- The Office of the Managing Director (OMD) is responsible for the administration and management of the FCC, including the agency's budget, personnel, security, contracts, and publications.
- The Office of Media Relations (OMR) is responsible for the dissemination of Commission announcements, orders, proceedings, and other information per media requests. OMR manages the FCC Daily Digest, website, and Audio Visual Center.
- The Office of the Secretary (OSEC) oversees the receipt and distribution of documents filed by the public through electronic and paper filing systems and the FCC Library collection. In addition, OSEC publishes legal notices of Commission decisions in the Federal RegisterFederal RegisterThe Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
and the FCC Record. - The Office of Strategic Planning & Policy Analysis (OSP), essentially a think tank within the FCC, identifies policy objectives for the agency. OSP works closely with the FCC Chairman and is responsible for monitoring the state of the communications industry to identify trends, issues and overall industry health. OSP acts as expert consultants to the Commission in areas of economic, business, and market analysis. The Office also reviews legal trends and developments not necessarily related to current FCC proceedings, such as intellectual property law, the Internet, and electronic commerceElectronic commerceElectronic commerce, commonly known as e-commerce, eCommerce or e-comm, refers to the buying and selling of products or services over electronic systems such as the Internet and other computer networks. However, the term may refer to more than just buying and selling products online...
. Previously OSP was called the Office of Plans and Policy (OPP). Catherine Bohigian has been the chief of the OSP since 2005. - The Office of Workplace Diversity (OWD) develops policy to provide a full and fair opportunity for all employees, regardless of non-merit factors such as race, religion, gender, color, age, disability, sexual orientation or national origin, to carry out their duties in the workplace free from unlawful discriminatory treatment, including sexual harassmentSexual harassmentSexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
and retaliation for engaging in legally protected activities.
History
Communications Act of 1934
In 1934 Congress passed the Communications Act, which abolished the Federal Radio Commission and transferred jurisdiction over radio licensing to a new Federal Communications Commission, including in it also the telecommunications jurisdiction previously handled by the Interstate Commerce Commission. Title II of the Communications Act focused on telecommunications using many concepts borrowed from railroad legislation and Title III contained provisions very similar to the Radio Act of 1927.Report on Chain Broadcasting
In 1940 the Federal Communications Commission issued the "Report on Chain Broadcasting" which was led by new FCC Chairman James Lawrence Fly. The major point in the report was the breakup of NBCNBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
(National Broadcasting Company), which ultimately led to the creation of ABC
American Broadcasting Company
The American Broadcasting Company is an American commercial broadcasting television network. Created in 1943 from the former NBC Blue radio network, ABC is owned by The Walt Disney Company and is part of Disney-ABC Television Group. Its first broadcast on television was in 1948...
(American Broadcasting Company), but there were two other important points. One was network option time, the culprit here being CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
. The report limited the amount of time during the day, and what times the networks may broadcast. Previously a network could demand any time it wanted from an affiliate. The second concerned artist bureaus. The networks served as both agents and employees of artists, which was a conflict of interest the report rectified.
The "Freeze" of 1948
In assigning television stations to various cities after World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the FCC found that it placed many stations too close to each other, resulting in interference. At the same time, it became clear that the designated VHF channels, 2 through 13, were inadequate for nationwide television service. As a result, the FCC stopped giving out construction permits for new licenses in October 1948. Most expected this "Freeze" to last six months, but as the allocation of channels to the emerging UHF technology and the eagerly-awaited possibilities of color television were debated, the FCC's re-allocation map of stations did not come until April 1952, with July 1, 1952 as the official beginning of licensing new stations.
Other FCC actions hurt the fledgling DuMont and ABC networks. AT&T
AT&T
AT&T Inc. is an American multinational telecommunications corporation headquartered in Whitacre Tower, Dallas, Texas, United States. It is the largest provider of mobile telephony and fixed telephony in the United States, and is also a provider of broadband and subscription television services...
forced television coaxial cable users to rent additional radio long lines, discriminating against DuMont, which had no radio network operation. DuMont and ABC protested AT&T's television policies to the FCC, which regulated AT&T's long-line charges, but the commission took no action. The results was that financially marginal DuMont was spending as much in long-line charge as CBS or NBC while using only about 10 to 15 percent of the time and mileage of either larger network.
The FCC's "Sixth Report & Order" ended the Freeze. It would take five years for the U.S. to grow from 108 stations to more than 550. New stations came on line slowly, only five by the end of November 1952. The Sixth Report and Order required some existing TV stations to change channels, but only a few existing VHF stations were required to move to UHF, and a handful of VHF channels were deleted altogether in smaller media market
Media market
A media market, broadcast market, media region, designated market area , Television Market Area , or simply market is a region where the population can receive the same television and radio station offerings, and may also include other types of media including newspapers and Internet content...
s like Peoria
Peoria, Illinois
Peoria is the largest city on the Illinois River and the county seat of Peoria County, Illinois, in the United States. It is named after the Peoria tribe. As of the 2010 census, the city was the seventh-most populated in Illinois, with a population of 115,007, and is the third-most populated...
, Fresno
Fresno, California
Fresno is a city in central California, United States, the county seat of Fresno County. As of the 2010 census, the city's population was 510,365, making it the fifth largest city in California, the largest inland city in California, and the 34th largest in the nation...
, and Bakersfield
Bakersfield, California
Bakersfield is a city near the southern end of the San Joaquin Valley in Kern County, California. It is roughly equidistant between Fresno and Los Angeles, to the north and south respectively....
to create markets which were UHF "islands." The report also set aside a number of channels for the newly emerging field of educational television, which hindered struggling ABC and DuMont
DuMont Television Network
The DuMont Television Network, also known as the DuMont Network, DuMont, Du Mont, or Dumont was one of the world's pioneer commercial television networks, rivalling NBC for the distinction of being first overall. It began operation in the United States in 1946. It was owned by DuMont...
's quest for affiliates in the more desirable markets where VHF channels were reserved for non-commercial use.
The Sixth Report and Order also provided for the "intermixture" of VHF and UHF channels in most markets; UHF transmitters in the 1950s were not yet powerful enough, nor receivers sensitive enough (if they included UHF tuners at all - they were not formally required until the 1960s All-Channel Receiver Act), to make UHF viable against entrenched VHF stations. In markets where there were no VHF stations and UHF was the only TV service available, UHF survived. In other markets, which were too small to financially support a television station, too close to VHF outlets in nearby cities, or where UHF was forced to compete with more than one well-established VHF station, UHF had little chance for success.
Denver
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
had been the largest U.S. city without a TV station by 1952. Senator Edwin Johnson
Edwin C. Johnson
Edwin Carl Johnson was a Democratic Party politician who served as Governor of the state of Colorado.-Background:...
(D-Colorado), chair of the Senate's Interstate and Foreign Commerce Committee
United States Senate Committee on Commerce, Science and Transportation
The United States Senate Committee on Commerce, Science, and Transportation is a standing committee of the United States Senate in charge of all senate matters related to the following subjects:* Coast Guard* Coastal zone management* Communications...
, had made getting Denver the first post-Freeze station his personal mission. He had pressured the FCC, and proved ultimately successful as the first new station (a VHF station) came on-line a remarkable ten days after the Commission formally announced the first post-Freeze construction permits. KFEL (now KWGN-TV
KWGN-TV
KWGN-TV, virtual channel 2 , is a television station in Denver, Colorado, owned by the Tribune Company and affiliated with the CW Television Network...
)'s first regular telecast was on July 21, 1952.
Telephone monopoly to competition
The important relationship of the FCC and the American Telephone and Telegraph (AT&T) Company has evolved over several years. For many years, the FCC and state officials agreed to regulate the telephone systems as a natural monopolyNatural monopoly
A monopoly describes a situation where all sales in a market are undertaken by a single firm. A natural monopoly by contrast is a condition on the cost-technology of an industry whereby it is most efficient for production to be concentrated in a single form...
. The FCC controlled telephone rates to limit the profits of AT&T and ensure nondiscriminatory pricing. In the 1960s, the FCC began allowing other long-distance companies, namely MCI, to offer specialized services. In the 1970s, the FCC allowed other companies to expand offerings to the public. A lawsuit in 1982 led by the Justice Department after AT&T underpriced other companies, resulted in the split of the Bells from AT&T. Beginning in 1984, the FCC implemented a new goal that all long-distance companies had equal access to the local phone companies' customers.
Telecommunications Act of 1996
In 1996 Congress enacted the Telecommunications Act of 1996Telecommunications Act of 1996
The Telecommunications Act of 1996 was the first major overhaul of United States telecommunications law in nearly 62 years, amending the Communications Act of 1934. This Act, signed by President Bill Clinton, was a major stepping stone towards the future of telecommunications, since this was the...
, in the wake of the break-up of AT&T resulting from the U.S. Justice Department's antitrust suit against AT&T. In part, the 1996 legislation attempted to create more competition in local telephone service by requiring Incumbent Local Exchange Carriers
Incumbent local exchange carrier
An ILEC, short for incumbent local exchange carrier, is a local telephone company in the United States that was in existence at the time of the breakup of AT&T into the Regional Bell Operating Companies , also known as the "Baby Bells." The ILEC is the former Bell System or Independent Telephone...
to provide access to their facilities for Competitive Local Exchange Carrier
Competitive local exchange carrier
A competitive local exchange carrier , in the United States, is a telecommunications provider company competing with other, already established carriers ....
s.
This policy has thus far had limited success and much criticism. The development of the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
, cable services and wireless services has raised questions whether new legislative initiates are needed as to competition in what has come to be called 'broadband' services. Congress has monitored developments but as of 2009 has not undertaken a major revision of applicable regulation. The Local Community Radio Act
Local Community Radio Act
The Local Community Radio Act is an important act of broadcast law in the United States, explicitly authorizing the Federal Communications Commission to license local low-power broadcasting in the FM broadcast band . After five years and four versions, it finally passed the U.S...
in the 111th Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
has gotten out of committee and will go before the house floor with bi-partisan support, and unanimous support of the FCC.
Connection permissivity, indecency crackdowns
The inauguration of Ronald ReaganRonald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
as President of the United States in 1981 accelerated an already ongoing shift in the FCC towards a decidedly more market-oriented stance. A number of regulations felt to be outdated were removed, most controversially the Fairness Doctrine
Fairness Doctrine
The Fairness Doctrine was a policy of the United States Federal Communications Commission , introduced in 1949, that required the holders of broadcast licenses to both present controversial issues of public importance and to do so in a manner that was, in the Commission's view, honest, equitable...
in 1987. The FCC also took steps to increase competition to broadcasters, fostering broadcast alternatives such as cable television. In terms of indecency fines, there was no action taken by the FCC from FCC v. Pacifica
Federal Communications Commission v. Pacifica Foundation
Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 is a landmark United States Supreme Court decision that defined the power of the Federal Communications Commission over indecent material as applied to broadcasting...
until 1987, about ten years later.
In the early 2000s, the FCC began stepping up censorship and enforcement of indecency regulations again, most notably following the Janet Jackson
Janet Jackson
Janet Damita Jo Jackson is an American recording artist and actress. Known for a series of sonically innovative, socially conscious and sexually provocative records, as well as elaborate stage shows, television and film roles, she has been a prominent figure in popular culture for over 25 years...
"wardrobe malfunction
Super Bowl XXXVIII halftime show controversy
Super Bowl XXXVIII, which was broadcast live on February 1, 2004 from Houston, Texas on the CBS television network in the United States, was noted for a controversial halftime show in which Janet Jackson's breast, adorned with a nipple shield, was exposed by Justin Timberlake for about half a...
" that occurred during the halftime show of Super Bowl XXXVIII
Super Bowl XXXVIII
Super Bowl XXXVIII was an American football game played on February 1, 2004 at Reliant Stadium in Houston, Texas to decide the National Football League champion following the 2003 regular season....
. However, the FCC's regulatory domain with respect to indecency remains restricted to the public airwaves, notably VHF and UHF television and AM/FM radio.
On June 15, 2006, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
signed into law the Broadcast Decency Enforcement Act of 2005
Broadcast Decency Enforcement Act of 2005
The Broadcast Decency Enforcement Act of 2005 is an enrolled bill, passed by both Houses of the 109th United States Congress, to increase the fines and penalties for violating the prohibitions against the broadcast of obscene, indecent, or profane language. It was originally proposed in 2004 as...
sponsored by Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Sam Brownback
Sam Brownback
Samuel Dale "Sam" Brownback is the 46th and current Governor of Kansas. A member of the Republican Party, he served as a U.S. Senator from Kansas from 1996 to 2011, and as a U.S. Representative for Kansas's 2nd congressional district from 1995 to 1996...
, a former broadcaster
Presenter
A presenter, or host , is a person or organization responsible for running an event. A museum or university, for example, may be the presenter or host of an exhibit. Likewise, a master of ceremonies is a person that hosts or presents a show...
himself, and endorsed by Congressman Fred Upton
Fred Upton
Frederick Stephen Upton is the U.S. Representative for , serving since 1987. He is a member of the Republican Party and Chairman of the Committee on Energy and Commerce. The district, based in Kalamazoo, stretches along the Michigan-Indiana border in the southwestern part of the state.-Early life,...
of Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
who authored a similar bill in the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
. The new law stiffens the penalties for each violation of the Act. The Federal Communications Commission will be able to impose fines in the amount of $325,000 for each violation by each station that violates decency
Decency
Decency is the quality or state of conforming to social or moral standards of taste and propriety.-See also:*Taste *Communications Decency Act*Public indecency*Indecent exposure*Sodomy law*Norm *Grotesque body...
standards. The legislation raised the fine ten times over the previous maximum of $32,500 per violation.
Past chairs and notable commissioners
The following is a complete list of past chairs:A complete list of commissioners is available on the FCC website. Notable commissioners include:
Regulatory powers and enforcement
The FCC regulates broadcast stationBroadcast station
A broadcast station may be:*a radio station*a television stationIt does not include radio networks or television networks.-See also:*Broadcasting*Broadcast network*Station...
s, amateur radio
Amateur radio
Amateur radio is the use of designated radio frequency spectrum for purposes of private recreation, non-commercial exchange of messages, wireless experimentation, self-training, and emergency communication...
operators, and repeater
Repeater
A repeater is an electronic device that receives asignal and retransmits it at a higher level and/or higher power, or onto the other side of an obstruction, so that the signal can cover longer distances.-Description:...
stations as well as commercial broadcasting
Commercial broadcasting
Commercial broadcasting is the broadcasting of television programs and radio programming by privately owned corporate media, as opposed to state sponsorship...
operators who operate and repair certain radiotelephone
Radiotelephone
A radiotelephone is a communications system for transmission of speech over radio. Radiotelephone systems are not necessarily interconnected with the public "land line" telephone network. "Radiotelephone" is often used to describe the usage of radio spectrum where it is important to distinguish the...
, television, radar
Radar
Radar is an object-detection system which uses radio waves to determine the range, altitude, direction, or speed of objects. It can be used to detect aircraft, ships, spacecraft, guided missiles, motor vehicles, weather formations, and terrain. The radar dish or antenna transmits pulses of radio...
, and Morse code
Morse code
Morse code is a method of transmitting textual information as a series of on-off tones, lights, or clicks that can be directly understood by a skilled listener or observer without special equipment...
radio stations. In recent years it has also licensed people who maintain or operate GMDSS stations. Broadcast license
Broadcast license
A broadcast license or broadcast license is a specific type of spectrum license that grants the licensee the privilege to use a portion of the radio frequency spectrum in a given geographical area for broadcasting purposes. The licenses are generally straddled with additional restrictions that...
s are to be renewed if the station meets the "public interest, convenience, or necessity".
The FCC's enforcement powers include fines and broadcast license revocation (see FCC MB Docket 04-232). Burden of proof would be on the complainant in a petition to deny. Fewer than 1% of station renewals are not immediately granted, and only a small fraction of those are ultimately denied.
While the FCC maintains control of the written and Morse testing standards, it no longer administers the exams, having delegated that function to private organizations.
FCC broadcasting tower database
The FCC database of broadcasting towers provides information about the height and year built of broadcasting towers in the USA. It does not contain information about the structural types of towers or about the height of towers used for non-broadcasting purposes like NDBsNon-directional beacon
A non-directional beacon is a radio transmitter at a known location, used as an aviation or marine navigational aid. As the name implies, the signal transmitted does not include inherent directional information, in contrast to other navigational aids such as low frequency radio range, VHF...
, LORAN-C transmission towers or VLF transmission facilities of the US Navy, or about towers not used for transmission like the BREN Tower
BREN Tower
BREN Tower is a guyed steel framework mast, high, on the Nevada Test Site in Nevada, USA. "BREN" stands for "Bare Reactor Experiment, Nevada."...
. These are instead tracked by the Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...
as obstructions to air navigation
Air navigation
The basic principles of air navigation are identical to general navigation, which includes the process of planning, recording, and controlling the movement of a craft from one place to another....
.
The FCC and the Internet
In North America the FCC made its original Internet policy statement containing four principles “subject to reasonable network management” in 2005, the Commission established the following principles: To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, Consumers are entitled to access the lawful Internet content of their choice; Consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement; Consumers are entitled to connect their choice of legal devices that do not harm the network; Consumers are entitled to competition among network providers, application and service providers, and content providers.Controversies
Some of these issues are examined in the 2003 film Orwell Rolls in His GraveOrwell Rolls in His Grave
Orwell Rolls in His Grave is a 2003 documentary film written and directed by Robert Kane Pappas. Covered topics include the Telecommunications Act of 1996, concentration of media ownership, political corruption, Federal Communications Commission , the controversy over the US presidential election...
.
2003 study of commercial radio concentration
In 2003, the FCC Media Bureau produced a draft report analyzing the impact of deregulation in the radio industry. The report stated that from March 1996 through March 2003, the number of commercial radio stations on the air rose 5.9 percent while the number of station owners fell 35 percent. The concentration of ownership followed a 1996 rewrite of telecommunications lawTelecommunications Act of 1996
The Telecommunications Act of 1996 was the first major overhaul of United States telecommunications law in nearly 62 years, amending the Communications Act of 1934. This Act, signed by President Bill Clinton, was a major stepping stone towards the future of telecommunications, since this was the...
that eliminated a 40-station national ownership cap.
The report was never made public, nor have any similar analyses followed, despite the fact that radio industry reports were released in 1998, 2001 and 2002. In September 2006, Senator Barbara Boxer
Barbara Boxer
Barbara Levy Boxer is the junior United States Senator from California . A member of the Democratic Party, she previously served in the U.S. House of Representatives ....
, who had received a copy of the report, released it.
2004 study of television media concentration
In 2004, the FCC ordered its staff to destroy all copies of a draft study by Keith Brown and Peter Alexander, two economists in the FCC's Media Bureau. The two had analyzed a database of 4,078 individual news stories broadcast in 1998, showed local ownership of television stations adds almost five and one-half minutes of total news to broadcasts and more than three minutes of "on-location" news.The conclusion of the study was at odds with FCC arguments made when it voted in 2003 to increase the number of television stations a company could own in a single market. (In June 2004, a federal appeals court rejected the agency's reasoning on most of the rules and ordered it to try again.)
In September 2006, Senator Barbara Boxer
Barbara Boxer
Barbara Levy Boxer is the junior United States Senator from California . A member of the Democratic Party, she previously served in the U.S. House of Representatives ....
, who had received a copy of the report "indirectly from someone within the FCC who believed the information should be made public," wrote a letter to FCC Chairman Kevin Martin, asked whether any other commissioners "past or present" knew of the report's existence and why it was never made public. She also asked whether it was "shelved because the outcome was not to the liking of some of the commissioners and/or any outside powerful interests?" Boxer's office said if she does not receive adequate answers to her questions, she will push for an investigation by the FCC inspector general.
Action by FCC Chairman
In a letter in response to Senator Boxer, FCC Chairman Martin said "I want to assure you that I too am concerned about what happened to these two draft reports." The letter also said "I have asked the inspector general of the FCC to conduct an investigation into what happened to these draft documents and will cooperate fully with him." Martin added that he was not chairman at the time the reports were drafted, and that neither he nor his staff had seen them.When it emerged in 2006 that AT&T, BellSouth and Verizon may have broken U.S. laws by aiding the National Security Agency in possible illegal wiretapping of its customers, Congressional representatives called for an FCC investigation into whether or not those companies broke the law. The FCC declined to investigate, however, claiming that it could not investigate due to the classified nature of the program– a move that provoked the criticism of members of Congress.
"Today the watchdog agency that oversees the country's telecommunications industry refused to investigate the nation's largest phone companies' reported disclosure of phone records to the NSA," said Rep. Edward Markey (D-Mass.) in response to the decision. "The FCC, which oversees the protection of consumer privacy under the Communications Act of 1934, has taken a pass at investigating what is estimated to be the nation's largest violation of consumer privacy ever to occur. If the oversight body that monitors our nation's communications is stepping aside then Congress must step in."[14
Diversity
With the major demographic shifts occurring in the country in terms of the racial-ethnic composition of the population, the FCC has also been criticized for ignoring the issue of decreasing racial-ethnic diversity of the media. This includes charges that the FCC has been watering down the limited affirmative action regulations it had on the books, including no longer requiring stations to make public their data on their minority staffing and hiring. In the second half of 2006, groups such as the National Hispanic Media Coalition, the National Latino Media Council, the National Association of Hispanic Journalists, the National Institute for Latino PolicyNational Institute for Latino Policy
The National Institute for Latino Policy was established in 1982 as the Institute for Puerto Rican Policy in New York City, United States as a non-profit and nonpartisan policy center focusing on critical Latino policy issues....
, the League of United Latin American Citizens
League of United Latin American Citizens
The League of United Latin American Citizens was created to combat the discrimination that Hispanics face in the United States. Established February 17, 1929 in Corpus Christi, Texas, LULAC was a consolidation of smaller, like-minded civil rights groups already in existence...
(LULAC) and others held town hall meetings in California, New York and Texas on media diversity as its affects Latinos and minority communities. They documented widespread and deeply-felt community concerns about the negative effects of media concentration and consolidation on racial-ethnic diversity in staffing and programming. At these Latino town hall meetings, the issue of the FCC's lax monitoring of obscene and pornographic material in Spanish-language radio and the lack of racial and national-origin diversity among Latino staff in Spanish-language television were other major themes.
President Barack Obama appointed Mark Lloyd
Mark Lloyd
Mark Lloyd is the associate general counsel and Chief Diversity Officer at the Federal Communications Commission of the United States.He was previously the vice president for strategic initiatives at the Leadership Conference on Civil Rights...
to the FCC in the newly created post of Associate General Counsel/Chief Diversity Officer.
Use of white space
On October 15, 2008, FCC Chairman Kevin Martin announced his support for the unlicensed use of white spaces within the radio frequency spectrum. White spaces are airwaves that will go unused after the federally mandated transformation of analog TV signal to digital. He said he is "hoping to take advantage of utilizing these airwaves for broadband services to allow for unlicensed technologies and new innovations in that space."While technology innovators such as Google
Google
Google Inc. is an American multinational public corporation invested in Internet search, cloud computing, and advertising technologies. Google hosts and develops a number of Internet-based services and products, and generates profit primarily from advertising through its AdWords program...
and Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
are vying for the use of this white-space to support innovation in Wi-Fi
Wi-Fi
Wi-Fi or Wifi, is a mechanism for wirelessly connecting electronic devices. A device enabled with Wi-Fi, such as a personal computer, video game console, smartphone, or digital audio player, can connect to the Internet via a wireless network access point. An access point has a range of about 20...
technology, broadcasters and wireless microphone manufacturers fear that the use of white-space would "disrupt their broadcasts and the signals used in sports events and concerts." Cell phone providers such as T-Mobile USA have mounted pressure on the FCC to instead offer up the white-space for sale to boost competition and market leverage.
On November 4, 2008, the FCC unanimously agreed to open up unused broadcast TV spectrum for unlicensed use.
Network neutrality
The FCC has claimed some jurisdiction over the issue of network neutralityNetwork neutrality
Network neutrality is a principle that advocates no restrictions by Internet service providers or governments on consumers' access to networks that participate in the Internet...
and has laid down guideline rules that it expects the telecommunications industry to follow. On February 11, 2008 Rep. Ed Markey and Rep. Chip Pickering introduced HR5353 "To establish broadband policy and direct the Federal Communications Commission to conduct a proceeding and public broadband summit to assess competition, consumer protection, and consumer choice issues relating to broadband Internet access services, and for other purposes." On 1 August 2008 the FCC formally voted 3-to-2 to upholding a complaint against Comcast
Comcast
Comcast Corporation is the largest cable operator, home Internet service provider, and fourth largest home telephone service provider in the United States, providing cable television, broadband Internet, and telephone service to both residential and commercial customers in 39 states and the...
, the largest cable company in the US, ruling that it had illegally inhibited users of its high-speed Internet service from using file-sharing software. The FCC imposed no fine, but required Comcast to end such blocking in 2008. FCC chairman Kevin J. Martin said the order was meant to set a precedent that Internet providers, and indeed all communications companies, could not prevent customers from using their networks the way they see fit unless there is a good reason. In an interview Martin stated that "We are preserving the open character of the Internet" and "We are saying that network operators can't block people from getting access to any content and any applications." Martin's successor, Julius Genachowski
Julius Genachowski
Julius Genachowski is an American lawyer and businessman. He became Federal Communications Commission Chairman on June 29, 2009.-Education:Genachowski grew up in Great Neck, New York. He attended yeshiva and studied in Israel...
has maintained that the FCC has no plans to regulate the internet, saying: "I've been clear repeatedly that we're not going to regulate the Internet." The Comcast case highlighted broader issues of whether new legislation is needed to force Internet providers to maintain network neutrality
Network neutrality
Network neutrality is a principle that advocates no restrictions by Internet service providers or governments on consumers' access to networks that participate in the Internet...
, i.e. treat all uses of their networks equally. The legal complaint against Comcast
Comcast
Comcast Corporation is the largest cable operator, home Internet service provider, and fourth largest home telephone service provider in the United States, providing cable television, broadband Internet, and telephone service to both residential and commercial customers in 39 states and the...
related to BitTorrent, software that is commonly used for downloading larger files.
Proprietary standards
The FCC has also been criticized for ignoring international open standardOpen standard
An open standard is a standard that is publicly available and has various rights to use associated with it, and may also have various properties of how it was designed . There is no single definition and interpretations vary with usage....
s, and instead choosing [proprietary closed standards, or allowing communications companies to do so and implement the anticompetitive practice of vendor lock-in
Vendor lock-in
In economics, vendor lock-in, also known as proprietary lock-in or customer lock-in, makes a customer dependent on a vendor for products and services, unable to use another vendor without substantial switching costs...
, thereby preventing a free market.
In the case of digital TV, it chose the ATSC
ATSC
ATSC standards are a set of standards developed by the Advanced Television Systems Committee for digital television transmission over terrestrial, cable, and satellite networks....
standard, even though DVB was already in use around the world, including DVB-S
DVB-S
DVB-S is an abbreviation for Digital Video Broadcasting — Satellite; it is the original Digital Video Broadcasting forward error coding and demodulation standard for satellite television and dates from 1994, in its first release, while development lasted from 1993 to 1997...
satellite TV in the U.S. Unlike competing standards, the ATSC system is encumbered by numerous patents, and therefore royalties that make TV sets and DTV converters much more expensive than in the rest of the world. Additionally, the claimed benefit of better reception in rural areas is more than negated in urban areas by multipath interference
Multipath interference
Multipath interference is a phenomenon in the physics of waves whereby a wave from a source travels to a detector via two or more paths and, under the right condition, the two components of the wave interfere...
, which other systems are nearly immune to. It also cannot be received while in motion for this reason, while all other systems can, even without dedicated mobile TV
Mobile TV
Mobile television usually means television watched on a small handheld device. It may be a pay TV service broadcast on mobile phone networks or received free-to-air via terrestrial television stations from either regular broadcast or a special mobile TV transmission format...
signals or receivers.
For digital radio
Digital radio
Digital radio has several meanings:1. Today the most common meaning is digital radio broadcasting technologies, such as the digital audio broadcasting system, also known as Eureka 147. In these systems, the analog audio signal is digitized into zeros and ones, compressed using formats such as...
, the FCC chose proprietary HD Radio
HD Radio
HD Radio, which originally stood for "Hybrid Digital", is the trademark for iBiquity's in-band on-channel digital radio technology used by AM and FM radio stations to transmit audio and data via a digital signal in conjunction with their analog signals...
, which crowds the existing FM broadcast band
FM broadcast band
The FM broadcast band, used for FM broadcast radio by radio stations, differs between different parts of the world. In Europe and Africa , it spans from 87.5 to 108.0 megahertz , while in America it goes only from 88.0 to 108.0 MHz. The FM broadcast band in Japan uses 76.0 to 90 MHz...
and even AM broadcast band with in-band adjacent-channel
In-band adjacent-channel
IBAC is a method of placing digital communication signals on channels in the existing analog communication bands. While this technique can also be applied to other radio frequency bands, no country has yet done so.-See also:*Digital subchannels...
sideband
Sideband
In radio communications, a sideband is a band of frequencies higher than or lower than the carrier frequency, containing power as a result of the modulation process. The sidebands consist of all the Fourier components of the modulated signal except the carrier...
s, which create noise in other stations. This is in contrast to worldwide DAB
Digital audio broadcasting
Digital Audio Broadcasting is a digital radio technology for broadcasting radio stations, used in several countries, particularly in Europe. As of 2006, approximately 1,000 stations worldwide broadcast in the DAB format....
, which uses unused TV channels in the VHF band III
Band III
Band III is the name of a radio frequency range within the very high frequency part of the electromagnetic spectrum.Band III ranges from 174 to 230 MHz, and it is primarily used for radio and television broadcasting...
range. This too has patent fees, while DAB does not. Enormous expense is involved in converting each station, largely from these fees, and so it is completely prohibitive for community radio
Community radio
Community radio is a type of radio service, that offers a third model of radio broadcasting beyond commercial broadcasting and public broadcasting. Community stations can serve geographic communities and communities of interest...
and most other non-commercial educational
Non-commercial educational
The term non-commercial educational applies to a radio station or TV station that does not accept on air advertisements , as defined in the United States by the Federal Communications Commission . NCE stations do not pay broadcast license fees for their non-profit uses of the radio spectrum...
stations.
Satellite radio
Satellite radio
Satellite radio is an analogue or digital radio signal that is relayed through one or more satellites and thus can be received in a much wider geographical area than terrestrial FM radio stations...
(also called SDARS by the FCC) uses two proprietary standards instead of DAB-S, which requires users to change equipment when switching from one provider to the other, and prevents other competitors from offering new choices as stations can do on terrestrial radio. Had the FCC picked DAB-T for terrestrial radio, no separate satellite receiver would have been needed at all, and the only difference from DAB receivers in the rest of the world would be in software, where it would need to tune S band
S band
The S band is defined by an IEEE standard for radio waves with frequencies that range from 2 to 4 GHz, crossing the conventional boundary between UHF and SHF at 3.0 GHz. It is part of the microwave band of the electromagnetic spectrum...
instead of L band
L band
L band refers to four different bands of the electromagnetic spectrum: 40 to 60 GHz , 1 to 2 GHz , 1565 nm to 1625 nm , and around 3.5 micrometres .-NATO L band:...
.
In mobile telephony
Mobile telephony
Mobile telephony is the provision of telephone services to phones which may move around freely rather than stay fixed in one location. Mobile phones connect to a terrestrial cellular network of base stations , whereas satellite phones connect to orbiting satellites...
, the FCC abandoned the "any lawful device" principle decided against AT&T
AT&T
AT&T Inc. is an American multinational telecommunications corporation headquartered in Whitacre Tower, Dallas, Texas, United States. It is the largest provider of mobile telephony and fixed telephony in the United States, and is also a provider of broadband and subscription television services...
landline
Landline
A landline was originally an overland telegraph wire, as opposed to an undersea cable. Currently, landline refers to a telephone line which travels through a solid medium, either metal wire or optical fibre, as distinguished from a mobile cellular line, where transmission is via radio waves...
s, and has instead allowed each mobile phone company
Mobile phone company
Mobile phone company is a company that manufactures Mobile phones. This type of company should not be confused with a Mobile network operator, which is a telephone company that provides GSM services for Mobile phone subscribers....
to dictate what its customers can use.
DTV controversy
The FCC has been criticized for awarding a digital TV (DTV) channel to each holder of an analog TV station license without an auctionSpectrum auction
A spectrum auction is a process whereby a government uses an auction system to sell the rights to transmit signals over specific bands of the electromagnetic spectrum and to assign scarce spectrum resources. Depending on the specific auction format used, a spectrum auction can last from a single...
, as well as trading auctionable spectrum to Nextel to resolve public safety RF interference problems. Conversely, it has also been criticized for forcing stations to buy and install all new equipment (transmitter
Transmitter
In electronics and telecommunications a transmitter or radio transmitter is an electronic device which, with the aid of an antenna, produces radio waves. The transmitter itself generates a radio frequency alternating current, which is applied to the antenna. When excited by this alternating...
s,[TV antennas, and even entirely new broadcast towers), and operate for years on both channels at once. This was at great expense to every TV station, and without government compensation for the regulatory taking
Regulatory taking
Regulatory taking refers to a situation in which a government regulates a property to such a degree that the regulation effectively amounts to an exercise of the government's eminent domain power without actually divesting the property's owner of title to the property.-United States law:In common...
, despite 20 billion dollars brought in by taking more than 25% of the TV broadcast band (and the part most valuable for mobile TV, the future of broadcasting) away and auctioning it. On June 12, 2009, all full-power analog terrestrial TV licenses in the U.S. were terminated, with terrestrial television subsequently available only from the digital channels and a few low-power LPTV stations, leaving stations and the viewing public with millions of dollars in useless analog equipment, and with a reduced audience that could not or would not get the necessary DTV converter boxes. See DTV transition in the United States
DTV transition in the United States
The DTV transition in the United States was the switchover from analog to exclusively digital broadcasting of free over-the-air television programming...
.
Local broadcasting
After being successful in opening the FM band as a superior alternative to the AM band by allowing colleges and other schools to start ten-watt LPFM stations, the FCC banned new ones around 1980, at the behest of the powerful commercial radio stations of the National Association of BroadcastersNational Association of Broadcasters
The National Association of Broadcasters is a trade association, workers union, and lobby group representing the interests of for-profit, over-the-air radio and television broadcasters in the United States...
, and the then-new National Public Radio. The exception to the ban is for NAB/NPR member stations (and now religious radio) to construct broadcast translators, which raises issues about equal protection of free speech, because it bans technically-identical stations just for originating their own programming. Commercial station groups are now also using "translator" stations to circumvent caps on local media ownership, be feeding them a signal that is also broadcast on an AM station or "HD" channel that cannot otherwise be heard.
The concept of the city of license
City of license
A city of license or community of license, in American and Canadian broadcasting, is the community that a radio station or television station is officially licensed to serve by that country's broadcast regulator....
has also become a nearly meaningless legal fiction
Legal fiction
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way...
over the years, as stations no longer have any requirement to air any local content.
There have been many restrictions made by the FCC regarding licensed radio and TV stations, but they made less sense as more and more were licensed. As the market competition increases, the commission relaxed some ownership rules in 1985 (e.g. anti-trafficking; ascertainment; duopoly and syndication; financial interest rules; limits on commercials)
The FCC and public consultation
As the public interest standard has always been important to the FCC when determining and shaping policy, so too has the relevance of public involvement in U.S. communication policy making.The 1927 Radio Act
In the 1927 Radio Act, which was formulated by the predecessor of the FCC (the Federal Radio Commission), section 4(k) stipulated that the commission was authorized to hold hearings for the purpose of developing a greater understanding of the issues for which rules were being crafted. Section 4(k) stated that:- Except as otherwise provided in this Act, the commission, from time to time, as public convenience, interest, or necessity requires, shall… have the authority to hold hearings, summon witnesses, administer oaths, compel the production of books, documents, and papers and to make such investigations as may be necessary in the performance of its duties.
Thus it is clear that public consultation, or at least consultation with outside bodies was regarded as central to the Commission’s job from early on. Though it should not be surprising, the Act also stipulated that the Commission should verbally communicate with those being assigned licenses. Section 11 of the Act noted:
- If upon examination of any application for a station license or for the renewal or modification of a station license the licensing authority shall determine that public interest, convenience, or necessity would be served by the granting thereof, it shall authorize the issuance, renewal, or modification thereof in accordance with said finding. In the event the licensing authority upon examination of any such application does not reach such decision with respect thereto, it shall notify the applicant thereof, shall fix and give notice of a time and place for hearing thereon, and shall afford such applicant an opportunity to be heard under such rules and regulations as it may prescribe.
Public hearings
As early as 1927, there is evidence that public hearings were indeed held; among them, hearings to assess the expansion of the radio broadcast band. At these early hearings, the goal of having a broad range of viewpoints presented was evident, as not only broadcasters, but also radio engineers and manufacturers were in attendance. Numerous groups representing the general public appeared at the hearings as well, including amateur radio operators and inventors as well as representatives of radio listeners’ organizations. Interestingly,- While some speakers at the 1927 hearings referred to having received “invitations,” Herbert Hoover’s assistant observed in a letter at the time that “the Radio Commission has sent out a blanket invitation to all people in the country who desire either to appear in person or to submit their recommendations in writing. I do not understand that the Commission has sent for any particular individuals, however” [Letter from George Akerson, assistant to Sec. Hoover, to Mrs. James T. Rourke, Box 497, Commerce Period Papers, Herbert Hoover Presidential Library (March 29, 1927)] (FN 14)
Including members of the general public in the discussion was regarded (or at least articulated) as very important to the Commission’s deliberations. In fact, FCC Commissioner Bellows noted at the time that “it is the radio listener we must consider above everyone else.” Though there were numerous representatives of the general public at the hearing, some expressing their opinions to the commission verbally, overall there was not a great turnout of everyday listeners at the hearings.
Though not a constant fixture of the communications policy-making process, public hearings were occasionally organized as a part of various deliberatory processes as the years progressed. For example, seven years after the enactment of the Radio Act, the Communications Act of 1934
Communications Act of 1934
The Communications Act of 1934 is a United States federal law, enacted as Public Law Number 416, Act of June 19, 1934, ch. 652, 48 Stat. 1064, by the 73rd Congress, signed by President Franklin D. Roosevelt, codified as Chapter 5 of Title 47 of the United States Code, et seq. The Act replaced the...
was passed, creating the FCC. That year the Federal Government’s National Recovery Agency (associated with the New Deal period) held public hearings as a part of its deliberations over the creation of new broadcasting codes.
A few years later, the FCC held hearings to address early cross-ownership issues; specifically, whether newspaper companies owning radio stations was in the public interest. These “newspaper divorcement hearings” were held between 1941 and 1944, though it appears that these hearings were geared mostly towards discussion by industry stakeholders. Around the same time, the Commission held hearings as a part of its evaluation of the national television standard, and in 1958 held additional hearings on the television network
Television network
A television network is a telecommunications network for distribution of television program content, whereby a central operation provides programming to many television stations or pay TV providers. Until the mid-1980s, television programming in most countries of the world was dominated by a small...
broadcasting rules. Though public hearings were organized somewhat infrequently, there was an obvious public appeal. In his now famous “vast wasteland” speech in 1961, FCC Chairman Newton Minow noted that the commission would hold a “well advertised public hearing” in each community to assure broadcasters were serving the public interest, clearly a move to reconnect the Commission with the public interest (at least rhetorically).
Media ownership review 2003
In September 2002, the FCC issued a Notice of Proposed Rulemaking stating that the Commission would re-evaluate its media ownership rules pursuant to the obligation specified in the Telecommunications Act of 1996. As 2003 was approaching, a battle of words (and perhaps actions) developed between Chairman Powell and Democratic Commissioner Michael Copps. Commissioner Copps felt that the Republican FCC was too focused on the neo-liberal agenda, and not focused enough on hearing the public’s voice regarding the issues at hand, noting, “We need a much wider participation … this is not an inside-the-Beltway issue.” Copps repeatedly called for the FCC to hold public hearings with time devoted to public input. Powell responded by noting that the public had already taken advantage of the online comment submission process and that no public hearings would be necessary. A spokesman for Powell noted, “if Commissioner Copps thinks something more can be gained from having hearings, he should feel free to do so.” In the end, Commissioner Copps and Commissioner Jonathan Adelstein organized a number of “unofficial” FCC hearings.
On January 16, 2003, the FCC held an “unofficial” public hearing on media ownership at Columbia University; Chairman Michael Powell was in attendance. His opening remarks however, certainly reflected the lack of interest the Commission had displayed towards public hearings in recent years:
- I would be the first to agree that this kind of public discourse is one of the most, uhh, critical things that the Commission can participate in, an opportunity to hear a wide ranging set of views. Umm, I want to apologize in advance, regrettably I also have to participate today in a, a Rainbow Push Wall Street project later in the day, so I won’t be able to be here all day.
The Chief of the Media Bureau and some other associates would be there all day to hear a full report on the event.
Copps remained adamant that all Commissioners should attend an official FCC hearing before any decisions were made. An editorial in Broadcasting and Cable articulated the heated nature of the eventual decision regarding an official hearing (at least from the Republican standpoint). The article is quoted at length as it includes a variety of points that are relevant:
- FCC Commissioner Michael Copps got his way. … Chairman Michael Powell gave in, saying he would schedule a hearing … in Richmond, Va. … Why Richmond? To save money, says Powell. With the Virginia capital just 100 miles down I-95, the FCC won’t have to pay for a lot of hotel rooms and airline tickets. We understand what Copps is trying to do: Get some thoughts on media-ownership deregulation from the common folk outside of Washington on the theory that wisdom grows proportionately with the distance from Washington. But that’s a romantic notion. Does Copps really think that people in the provinces think much about media consolidation? At best, what you will get in any given town are local fronts for the Washington lobbyists and groups that spend their lives grappling with the issues. In Richmond, you probably would be able to stir up a better discussion on McClellan’s Peninsula Campaign of 1862 than you will on the Telecommunications Act of 1996. As Powell hinted in grudgingly agreeing to the hearing, it won’t add much of value to the record. That is in part because this FCC has already taken extraordinary steps to analyze the media marketplace and build a record that will lead not only to reasonable action this spring but also to a new set of rules that may withstand judicial scrutiny. … We understand that big media can be too big and that there may be a need for some restrictions. But the burden of proof is on those who would regulate, who would place hobbles on companies and entrepreneurs for fear of what might happen (there is already a Justice Department and antitrust laws to handle what does happen), who would deprive someone of the right to speak through any medium anywhere. That proof might be out there, but it doesn’t require a road trip to Richmond.
Headquarters
The FCC leases space in the Portals building in southwest Washington, D.C.Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
Construction of the Portals building was scheduled to begin on March 1, 1996. In January 1996 the General Services Administration
General Services Administration
The General Services Administration is an independent agency of the United States government, established in 1949 to help manage and support the basic functioning of federal agencies. The GSA supplies products and communications for U.S...
signed a lease with the building's owners, agreeing to let the FCC lease 450000 square foot of space in Portals for 20 years, at a cost of $17.3 million per year in 1996 dollars. Prior to its current arrangement, the FCC had space in six buildings by 19th Street NW and M Street NW. The FCC first solicited bids for a new headquarters complex in 1989. In 1991 the GSA selected the Portals site. The FCC had wanted to move into a more expensive area along Pennsylvania Avenue
Pennsylvania Avenue
Pennsylvania Avenue is a street in Washington, D.C. that joins the White House and the United States Capitol. Called "America's Main Street", it is the location of official parades and processions, as well as protest marches...
.
External links
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-281690A1.txt
- FCC website
- Frequency Coordinator
- Enforcement Policies Regarding Broadcast Indecency
- FCC Rules(CFR Title 47) On-Line at GPO
- The FCC Record online at the UNT Digital Library
- The FCC Doesn't Need to Be By Peter Suderman, 5 April 2010
- New Wave: The case for killing the FCC and selling off spectrum By Jack Shafer, 17 January 2007
- Federal Communications Commission Meeting Notices and Rule Changes from The Federal Register RSS Feed
- Cybertelecom :: FCC and the Internet
- FCC Daily Digest provided as an RSS feed
- Papers of Robert E. Lee, Commissioner of the FCC, 1953-1981, Dwight D. Eisenhower Presidential Library
- Harvey J. Levin: Pioneering the Economics of the Airwaves
- The Invisible Resource: Use and Regulation of the Radio Spectrum
- Licensing
- FCC Info