Federal Communications Commission

The FCC's mission, specified in Section One of the Communications Act of 1934 and amended by the Telecommunications Act of 1996 (amendment to 47 U.S.C. §151), is 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, nationwide, and world-wide wire and radio communication services with adequate facilities at reasonable charges."

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."^[4]

Consistent with the objectives of the act as well as the 1999 Government Performance and Results Act (GPRA), the FCC has identified four goals in its 2018–22 Strategic Plan.^[7] They are: Closing the Digital Divide, Promoting Innovation, Protecting Consumers & Public Safety, and Reforming the FCC's Processes.^[7]

Commissioners

The FCC is directed by five commissioners appointed by the president of the United States and confirmed by the United States Senate for five-year terms, except when filling an unexpired term. The U.S. president designates one of the commissioners to serve as chairman. No more than three commissioners may be members of the same political party. None of them may have a financial interest in any FCC-related business.^[3][8]

Commissioners may continue serving until the appointment of their replacements. However, they may not serve beyond the end of the next session of Congress following term expiration.^[9] In practice, this means that commissioners may serve up to 1+1⁄2 years beyond the official term expiration listed above if no replacement is appointed. This would end on the date that Congress adjourns its annual session, generally no later than noon on January 3.

Bureaus

The FCC is organized into seven bureaus,^[10] each headed by a "chief" that is appointed by the chair. Bureaus process applications for licenses and other filings, analyze complaints, conduct investigations, develop and implement regulations, and participate in hearings.

• The Consumer & Governmental Affairs Bureau (CGB) develops and implements the FCC's consumer policies, including disability access. 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 security.
• The International Bureau (IB) develops international policies in telecommunications, such as coordination of frequency allocation and orbital assignments so as to minimize cases of international electromagnetic interference involving U.S. licensees. The International Bureau also oversees FCC compliance with the international Radio Regulations and other international agreements.
• The Media Bureau (MB) develops, recommends and administers the policy and licensing programs relating to electronic media, including cable television, broadcast television, and radio in the United States and its territories. The Media Bureau also handles post-licensing matters regarding direct broadcast satellite service.
• The Wireless Telecommunications Bureau regulates domestic wireless telecommunications programs and policies, including licensing. The bureau also implements competitive bidding for spectrum auctions and regulates wireless communications services including mobile phones, public safety, and other commercial and private radio services.
• The Wireline Competition Bureau (WCB) develops policy concerning wire line 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 with a focus on critical communications infrastructure.^[11]

Offices

The FCC has eleven staff offices.^[10] The FCC's offices provide support services to the bureaus.

• The Office of Administrative Law Judges (OALJ) is responsible for conducting hearings ordered by the commission. The hearing function includes acting on interlocutory requests 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 Act, 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 that may be appealed to the commission.
• The Office of Communications Business Opportunities (OCBO) promotes telecommunications business opportunities for small, minority-owned, 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 Economics and Analytics (OEA) is responsible for expanding and deepening the use of economic analysis into Commission policy making, for enhancing the development and use of auctions, and for implementing consistent and effective agency wide-data practices and policies. It was created in 2018 ^[12] by merging staff from the now defunct Office of Strategic Planning & Policy Analysis with economists dispersed throughout various other offices.
• The Office of Engineering and Technology (OET) advises the commission concerning engineering matters.
  • Its chief role is to manage the electromagnetic spectrum, 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 Council, a committee of FCC advisors from major telecommunication 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 that can be easily accessed by the public.
• The Office of General Counsel serves as the chief legal adviser to the commission. The general counsel also represents the commission in litigation in United States federal courts, 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 Justice 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 Register and the FCC Record.
• 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 harassment and retaliation for engaging in legally protected activities.

Headquarters

Former Federal Communications Commission Office in Washington, D.C.

The FCC leases space in the Sentinel Square III building in northeast Washington, D.C.^[13][14]

Prior to moving to its new headquarters in October 2020, the FCC leased space in the Portals building in southwest Washington, D.C. 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 450,000 sq ft (42,000 m²) 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.^[15]

Discover more about Organization and procedures related topics

Hearing (law)

Hearing (law)

In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee.

Consumer protection

Consumer protection

Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles.

Disability rights movement

Disability rights movement

The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities.

Homeland security

Homeland security

Homeland security is an American national security term for "the national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and ways of life can thrive" to the "national effort to prevent terrorist attacks within the United States, reduce the vulnerability of the U.S. to terrorism, and minimize the damage from attacks that do occur." According to an official work published by the Congressional Research Service in 2013, the "Homeland security" term's definition has varied over time.

Frequency allocation

Frequency allocation

Frequency allocation is the allocation and regulation of the electromagnetic spectrum into radio frequency bands, normally done by governments in most countries. Because radio propagation does not stop at national boundaries, governments have sought to harmonise the allocation of RF bands and their standardization.

Electromagnetic interference

Electromagnetic interference

Electromagnetic interference (EMI), also called radio-frequency interference (RFI) when in the radio frequency spectrum, is a disturbance generated by an external source that affects an electrical circuit by electromagnetic induction, electrostatic coupling, or conduction. The disturbance may degrade the performance of the circuit or even stop it from functioning. In the case of a data path, these effects can range from an increase in error rate to a total loss of the data. Both man-made and natural sources generate changing electrical currents and voltages that can cause EMI: ignition systems, cellular network of mobile phones, lightning, solar flares, and auroras. EMI frequently affects AM radios. It can also affect mobile phones, FM radios, and televisions, as well as observations for radio astronomy and atmospheric science.

Electronic media

Electronic media

Electronic media are media that use electronics or electromechanical means for the audience to access the content. This is in contrast to static media, which today are most often created digitally, but do not require electronics to be accessed by the end user in the printed form. The primary electronic media sources familiar to the general public are video recordings, audio recordings, multimedia presentations, slide presentations, CD-ROM and online content. Most new media are in the form of digital media. However, electronic media may be in either analogue electronics data or digital electronic data format.

Cable television

Cable television

Cable television is a system of delivering television programming to consumers via radio frequency (RF) signals transmitted through coaxial cables, or in more recent systems, light pulses through fibre-optic cables. This contrasts with broadcast television, in which the television signal is transmitted over-the-air by radio waves and received by a television antenna attached to the television; or satellite television, in which the television signal is transmitted over-the-air by radio waves from a communications satellite orbiting the Earth, and received by a satellite dish antenna on the roof. FM radio programming, high-speed Internet, telephone services, and similar non-television services may also be provided through these cables. Analog television was standard in the 20th century, but since the 2000s, cable systems have been upgraded to digital cable operation.

Interlocutory

Interlocutory

Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal.

Administrative Procedure Act (United States)

Administrative Procedure Act (United States)

The Administrative Procedure Act (APA), Pub.L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law.

Minority business enterprise

Minority business enterprise

Minority business enterprise (MBE) is an American designation for businesses which are at least 51% owned, operated and controlled on a daily basis by one or more American citizens of the following ethnic minority and/or gender and/or military veteran classifications:African American Asian American or Pacific Islander Hispanic American - A U.S. citizen of true-born Hispanic heritage, from any of the Spanish-speaking areas of the following regions: Mexico, Central America, South America and the Caribbean Basin only. Brazilians shall be listed under Hispanic designation for review and certification purposes. Native American, including Aleuts

Electromagnetic spectrum

Electromagnetic spectrum

The electromagnetic spectrum is the range of frequencies of electromagnetic radiation and their respective wavelengths and photon energies.

Federal Communications Commission seen in Washington, D.C., in 1937. Seated (l-r) Eugene Octave Sykes, Frank R. McNinch, Chairman Paul Atlee Walker, Standing (l-r) T.A.M. Craven, Thad H. Brown, Norman S. Case, and George Henry Payne.

FCC commissioners inspect the latest in television, December 1, 1939.

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.^[16][17]

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.

The initial organization of the FCC was effected July 17, 1934 in three divisions, Broadcasting, Telegraph, and Telephone. Each division was led by two of the seven commissioners, with the FCC chairman being a member of each division. The organizing meeting directed the divisions to meet on July 18, July 19, and July 20, respectively.^[18]

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 (and Telford Taylor as general counsel). The major point in the report was the breakup of the National Broadcasting Company (NBC), which ultimately led to the creation of the American Broadcasting Company (ABC), but there were two other important points. One was network option time, the culprit here being the Columbia Broadcasting System (CBS). The report limited the amount of time during the day and at what times the networks may broadcast. Previously a network could demand any time it wanted from a Network affiliate. The second concerned artist bureaus. The networks served as both agents and employers of artists, which was a conflict of interest the report rectified.^[19]

Freeze of 1948

FCC seal prior to 2020

In assigning television stations to various cities after World War II, 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.^[20] As a result, the FCC stopped giving out construction permits for new licenses in October 1948, under the direction of Chairman Rosel H. Hyde. 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. American Telephone and Telegraph (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 result 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.^[21]

The FCC's "Sixth Report & Order" ended the Freeze. It took five years for the US 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 television 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 markets like Peoria, Fresno, Bakersfield and Fort Wayne, Indiana 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 it his personal mission to make Denver the first post-Freeze station. The senator 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.^[22][23]

Telecommunications Act of 1996

In 1996, Congress enacted the Telecommunications Act of 1996, in the wake of the breakup of AT&T resulting from the U.S. Department of Justice's antitrust suit against AT&T. The 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 Carriers. This policy has thus far had limited success and much criticism.^[24]

The development of the Internet, cable services and wireless services has raised questions whether new legislative initiatives 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,^[25] and unanimous support of the FCC.^[26]

By passing the Telecommunications Act of 1996, Congress also eliminated the cap on the number of radio stations any one entity could own nationwide and also substantially loosened local radio station ownership restrictions. Substantial radio consolidation followed.^[27] Restrictions on ownership of television stations were also loosened.^[28] Public comments to the FCC indicated that the public largely believed that the severe consolidation of media ownership had resulted in harm to diversity, localism, and competition in media, and was harmful to the public interest.^[29]

Modernization of the FCC's information technology systems

David A. Bray joined the commission in 2013 as chief information officer and quickly announced goals of modernizing the FCC's legacy information technology (IT) systems, citing 200 different systems for only 1750 people a situation he found "perplexing".^[30][31] These efforts later were documented in a 2015 Harvard Case Study.^[32][33] In 2017, Christine Calvosa replaced Bray as the acting CIO of FCC.^[34]

2023 reorganization and Space Bureau establishment

On January 4, 2023, the FCC voted unanimously to create a newly-formed Space Bureau and Office of International Affairs within the agency, replacing the existing International Bureau. FCC chairwoman Jessica Rosenworcel explained that the move was done to improve the FCC's "coordination across the federal government" and to "support the 21st-century satellite industry."^[35] The decision to establish the Space Bureau was reportedly done to improve the agency's capacity to regulate space internet services.^[36]

Discover more about History related topics

Frank R. McNinch

Frank R. McNinch

Frank Ramsay McNinch was born in Charlotte, North Carolina. He was a political figure who served as the mayor of Charlotte, as chairman of the Federal Power Commission, and as chairman of the Federal Communications Commission. In the 1928 presidential election, McNinch, a Democrat, supported Republican Herbert Hoover for president. After he was elected, Hoover appointed McNinch to a seat on the Federal Power Commission, leading to a split in the North Carolina Democratic Party that damaged the political fortunes of new U.S. Sen. Cameron Morrison, a friend of McNinch. He was later appointed FPC chairman by Franklin D. Roosevelt.

T.A.M. Craven

T.A.M. Craven

Tunis Augustus Macdonough Craven was a United States Navy officer in the first half of the 20th century involved in the development of radio and communications.

Norman S. Case

Norman S. Case

Norman Stanley Case was an American politician who served as the Lieutenant Governor of Rhode Island from 1927 to 1928 and the 56th Governor of Rhode Island from 1928 to 1933. He also served in the Army during World War I, and was the U.S. District Attorney for Rhode Island from 1921 to 1926. Case was a member of the Republican Party during his entire time in office. He was a member of the General Society of Mayflower Descendants. He was also an active member of the Freemasons, and was a Baptist.

George Henry Payne

George Henry Payne

George Henry Payne was an author and publisher. He was the campaign manager for Theodore Roosevelt in the United States presidential election of 1912.

Communications Act of 1934

Communications Act of 1934

The Communications Act of 1934 is a United States federal law signed by President Franklin D. Roosevelt on June 19, 1934, and codified as Chapter 5 of Title 47 of the United States Code, 47 U.S.C. § 151 et seq. The Act replaced the Federal Radio Commission with the Federal Communications Commission (FCC). It also transferred regulation of interstate telephone services from the Interstate Commerce Commission to the FCC.

Federal Radio Commission

Federal Radio Commission

The Federal Radio Commission (FRC) was a government agency that regulated United States radio communication from its creation in 1927 until 1934, when it was succeeded by the Federal Communications Commission (FCC). The FRC was established by the Radio Act of 1927, which replaced the Radio Act of 1912 after the earlier law was found to lack sufficient oversight provisions, especially for regulating broadcasting stations. In addition to increased regulatory powers, the FRC introduced the standard that, in order to receive a license, a radio station had to be shown to be "in the public interest, convenience, or necessity".

Radio Act of 1927

Radio Act of 1927

The Radio Act of 1927 was signed into law on February 23, 1927. It replaced the Radio Act of 1912, increasing the federal government's regulatory powers over radio communication, with oversight vested in a newly created body, the Federal Radio Commission. It also was the first legislation to mandate that stations had to show they were "in the public interest, convenience, or necessity" in order to receive a license. The Act was later replaced by the Communications Act of 1934.

James Lawrence Fly

James Lawrence Fly

James Lawrence "Larry" Fly was an American lawyer, famous as chairman of the Federal Communications Commission and, later, director of the American Civil Liberties Union. He helped inaugurate standards for commercial television broadcasting, and vigorously opposed wiretapping throughout his career.

NBC

NBC

The National Broadcasting Company (NBC) is an American English-language commercial broadcast television and radio network. The flagship property of the NBC Entertainment division of NBCUniversal, a division of Comcast, its headquarters are located at Comcast Building in New York City. The company also has offices in Los Angeles at 10 Universal City Plaza and Chicago at the NBC Tower. NBC is the oldest of the traditional "Big Three" American television networks, having been formed in 1926 by the Radio Corporation of America. NBC is sometimes referred to as the "Peacock Network," in reference to its stylized peacock logo, introduced in 1956 to promote the company's innovations in early color broadcasting.

American Broadcasting Company

American Broadcasting Company

The American Broadcasting Company (ABC) is an American commercial broadcast television network. It is the flagship property of the Disney Entertainment division of The Walt Disney Company. The network is headquartered in Burbank, California, on Riverside Drive, directly across the street from Walt Disney Studios and adjacent to the Roy E. Disney Animation Building. The network's secondary offices, and headquarters of its news division, are in New York City, at its broadcast center at 77 West 66th Street on the Upper West Side of Manhattan.

CBS

CBS

CBS Broadcasting Inc., commonly shortened to CBS, the abbreviation of its former legal name Columbia Broadcasting System, is an American commercial broadcast television and radio network serving as the flagship property of the CBS Entertainment Group division of Paramount Global.

Network affiliate

Network affiliate

In the broadcasting industry, a network affiliate or affiliated station is a local broadcaster, owned by a company other than the owner of the network, which carries some or all of the lineup of television programs or radio programs of a television or radio network. This distinguishes such a television or radio station from an owned-and-operated station (O&O), which is owned by the parent network.

The commissioners of the FCC are:

The initial group of FCC commissioners after establishment of the commission in 1934 comprised the following seven members:^[37][38]

The complete list of commissioners is available on the FCC website.^[38] Frieda B. Hennock (D-NY) was the first female commissioner of the FCC in 1948.

Discover more about Commissioners related topics

List of chairs of the Federal Communications Commission

List of chairs of the Federal Communications Commission

The following is a list of the chairs of the Federal Communications Commission.

Jessica Rosenworcel

Jessica Rosenworcel

Jessica Rosenworcel is an American attorney serving as a member and chairwoman of the Federal Communications Commission (FCC). She originally served on the FCC from May 11, 2012, to January 3, 2017, and was confirmed by the Senate for an additional term on August 3, 2017. Subsequently, she was named to serve as acting chair in January 2021, designated permanent chair in October 2021, and confirmed as such by the Senate in December 2021. Rosenworcel's term runs for five years beginning July 1, 2020.

Geoffrey Starks

Geoffrey Starks

Geoffrey Adam Starks is an American lawyer serving as a Commissioner of the United States Federal Communications Commission (FCC). He was nominated by President Trump to succeed Mignon Clyburn who announced on April 19, 2018, that she was going to step down on June 6, 2018. Starks was unanimously confirmed by the United States Senate on January 2, 2019. He was sworn into office on January 30, 2019. Starks is affiliated with the Democratic Party. His term was to end July 1, 2022.

Brendan Carr (lawyer)

Brendan Carr (lawyer)

Brendan Thomas Carr is an American lawyer who has served as a member of the Federal Communications Commission (FCC) since 2017. Appointed to the position by Donald Trump, Carr previously served as the agency's general counsel and as an aide to FCC commissioner Ajit Pai. In private practice, Carr formerly worked as a telecommunications attorney at Wiley Rein.

Nathan Simington

Nathan Simington

Nathan Simington is a commissioner of the U.S. Federal Communications Commission (FCC). Simington previously served as a senior advisor at the National Telecommunications and Information Administration. Prior to that, he had worked as an associate at Mayer Brown, Kirkland & Ellis, and Chapman and Cutler, and as legal counsel at Brightstar Corporation.

Eugene O. Sykes

Eugene O. Sykes

Eugene Octave Sykes, Jr. was a justice on the Mississippi Supreme Court. He served as the first Chairman of the Federal Communications Commission from 1934 to 1935.

Mississippi

Mississippi

Mississippi is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Mississippi's western boundary is largely defined by the Mississippi River. Mississippi is the 32nd largest and 35th-most populous of the 50 U.S. states and has the lowest per-capita income in the United States. Jackson is both the state's capital and largest city. Greater Jackson is the state's most populous metropolitan area, with a population of 591,978 in 2020.

Democratic Party (United States)

Democratic Party (United States)

The Democratic Party is one of two major contemporary political parties in the United States. Founded in 1828, it was predominantly built by Martin Van Buren, who assembled politicians in every state behind war hero Andrew Jackson, making it the world's oldest active political party. Its main political rival has been the Republican Party since the 1850s, with both parties being big tents of competing and often opposing viewpoints. Modern American liberalism — a variant of social liberalism — is the party's majority ideology. The party also has notable centrist, social democratic, and left-libertarian factions.

Ohio

Ohio

Ohio, officially the State of Ohio is a state in the Midwestern United States. Of the fifty U.S. states, it is the 34th-largest by area. With a population of nearly 11.8 million, Ohio is the seventh-most populous and tenth-most densely populated state. Its capital and largest city is Columbus, with the Columbus metro area, Greater Cincinnati, and Greater Cleveland being the largest metropolitan areas. Ohio is bordered by Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the west, and Michigan to the northwest. Ohio is nicknamed the "Buckeye State" after its Ohio buckeye trees, and Ohioans are also known as "Buckeyes". Its state flag is the only non-rectangular flag of all the U.S. states.

Oklahoma

Oklahoma

Oklahoma is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New Mexico on the west, and Colorado on the northwest. Partially in the western extreme of the Upland South, it is the 20th-most extensive and the 28th-most populous of the 50 United States. Its residents are known as Oklahomans and its capital and largest city is Oklahoma City.

Norman S. Case

Norman S. Case

Norman Stanley Case was an American politician who served as the Lieutenant Governor of Rhode Island from 1927 to 1928 and the 56th Governor of Rhode Island from 1928 to 1933. He also served in the Army during World War I, and was the U.S. District Attorney for Rhode Island from 1921 to 1926. Case was a member of the Republican Party during his entire time in office. He was a member of the General Society of Mayflower Descendants. He was also an active member of the Freemasons, and was a Baptist.

Irvin Stewart

Irvin Stewart

Irvin Stewart was an American administrator who served as a Commissioner of the Federal Communications Commission from 1934 to 1937 and as the President of West Virginia University from 1946 to 1958.

Broadcast radio and television

The FCC regulates broadcast stations, repeater stations as well as commercial broadcasting operators who operate and repair certain radiotelephone, radio and television stations. Broadcast licenses are to be renewed if the station meets the "public interest, convenience, or necessity".^[41] 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.

Cable and satellite

The FCC first promulgated rules for cable television in 1965, with cable and satellite television now regulated by the FCC under Title VI of the Communications Act. Congress added Title VI in the Cable Communications Policy Act of 1984, and made substantial modifications to Title VI in the Cable Television and Consumer Protection and Competition Act of 1992. Further modifications to promote cross-modal competition (telephone, video, etc.) were made in the Telecommunications Act of 1996, leading to the current regulatory structure.^[42]

Content regulation and indecency

Broadcast television and radio stations are subject to FCC regulations including restrictions against indecency or obscenity. The Supreme Court has repeatedly held, beginning soon after the passage of the Communications Act of 1934, that the inherent scarcity of radio spectrum allows the government to impose some types of content restrictions on broadcast license holders notwithstanding the First Amendment.^[43] Cable and satellite providers are also subject to some content regulations under Title VI of the Communications Act such as the prohibition on obscenity, although the limitations are not as restrictive compared to broadcast stations.^[44]

The 1981 inauguration of Ronald Reagan as President of the United States 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.

In terms of indecency fines, there was no action taken by the FCC on the case FCC v. Pacifica until 1987, about ten years after the landmark United States Supreme Court decision that defined the power of the FCC over indecent material as applied to broadcasting.^[45][46]

After the 1990s had passed, the FCC began to increase its censorship and enforcement of indecency regulations in the early 2000s to include a response to the Janet Jackson "wardrobe malfunction" that occurred during the halftime show of Super Bowl XXXVIII.^[47]

Then on June 15, 2006, President George W. Bush signed into law the Broadcast Decency Enforcement Act of 2005 sponsored by then-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.^[48][49]

Media ownership

The FCC has established rules limiting the national share of media ownership of broadcast radio or television stations. It has also established cross-ownership rules limiting ownership of a newspaper and broadcast station in the same market, in order to ensure a diversity of viewpoints in each market and serve the needs of each local market.

Diversity

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 Policy, the League of United Latin American Citizens (LULAC) and others held town hall meetings^[50] in California, New York and Texas on media diversity as its effects 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.^[51] 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.^[52]

Localism

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 in 1978, except in Alaska.

Numerous controversies have surrounded the city of license concept as the internet has made it possible to broadcast a single signal to every owned station in the nation at once, particularly when Clear Channel, now IHeartMedia, became the largest FM broadcasting corporation in the US after the Telecommunications Act of 1996 became law - owning over 1,200 stations at its peak. As part of its license to buy more radio stations, Clear Channel was forced to divest all TV stations.

Digital television transition

To facilitate the adoption of digital television, the FCC issued a second digital TV (DTV) channel to each holder of an analog TV station license. All stations were required to buy and install all new equipment (transmitters, TV antennas, and even entirely new broadcast towers), and operate for years on both channels. Each licensee was required to return one of their two channels following the end of the digital television transition.

After delaying the original deadlines of 2006, 2008, and eventually February 17, 2009, on concerns about elderly and rural folk, on June 12, 2009, all full-power analog terrestrial TV licenses in the U.S. were terminated as part of the DTV transition, leaving terrestrial television available only from digital channels and a few low-power LPTV stations. To help U.S. consumers through the conversion, Congress established a federally sponsored DTV Converter Box Coupon Program for two free converters per household.

Discover more about Media policy related topics

Media policy

Media policy

Media policy / M. politics is a term describing all legislation and political action directed towards regulating the media, especially mass media, and the media industry. Those actions will usually be prompted by pressures from public opinion or from industry interest groups.

Repeater

Repeater

In telecommunications, a repeater is an electronic device that receives a signal and retransmits it. Repeaters are used to extend transmissions so that the signal can cover longer distances or be received on the other side of an obstruction. Some types of repeaters broadcast an identical signal, but alter its method of transmission, for example, on another frequency or baud rate.

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. It was the United States' first model of radio during the 1920s, in contrast with the public television model in Europe during the 1930s, 1940s and 1950s, which prevailed worldwide, except in the United States and Brazil, until the 1980s.

Radiotelephone

Radiotelephone

A radiotelephone, abbreviated RT, is a radio communication system for conducting a conversation; radiotelephony means telephony by radio. It is in contrast to radiotelegraphy, which is radio transmission of telegrams (messages), or television, transmission of moving pictures and sound. The term is related to radio broadcasting, which transmit audio one way to listeners. Radiotelephony refers specifically to two-way radio systems for bidirectional person-to-person voice communication between separated users, such as CB radio or marine radio. In spite of the name, radiotelephony systems are not necessarily connected to or have anything to do with the telephone network, and in some radio services, including GMRS, interconnection is prohibited.

Broadcast license

Broadcast license

A broadcast license is a type of spectrum license granting the licensee permission to use a portion of the radio frequency spectrum in a given geographical area for broadcasting purposes. The licenses generally include restrictions, which vary from band to band.

Fine (penalty)

Fine (penalty)

A fine or mulct is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case, but it is often announced in advance.

Ronald Reagan

Ronald Reagan

Ronald Wilson Reagan was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He previously served as the 33rd governor of California from 1967 to 1975 and as president of the Screen Actors Guild from 1947 to 1952 and from 1959 until 1960.

Inappropriateness

Inappropriateness

Inappropriateness refers to standards or ethics that are typically viewed as being negative in a society. It differs from things that are illicit in that inappropriate behavior does not necessarily have any accompanying legal ramifications.

Janet Jackson

Janet Jackson

Janet Damita Jo Jackson is an American singer, songwriter, actress, and dancer. She is noted for her innovative, socially conscious and sexually provocative records, as well as elaborate stage shows. Her sound and choreography became a catalyst in the growth of MTV, enabling her to rise to prominence while breaking gender and racial barriers in the process. Lyrical content which focused on social issues and lived experiences set her reputation as a role model for youth.

President of the United States

President of the United States

The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs 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 retired politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party and the Bush family, he previously served as the 46th governor of Texas from 1995 to 2000.

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 the Broadcast Decency Enforcement Act of 2004 ; this preliminary bill was never passed. Republican Senator Sam Brownback of Kansas sponsored both United States Senate bills; Senators Joe Lieberman (D-Conn.), Lindsey Graham (R-S.C.), Rick Santorum (R-Pa.), George Allen (R-Va.) initially co-sponsored the bill at its reintroduction on January 26, 2005.

The FCC regulates telecommunications services under Title II of the Communications Act of 1934. Title II imposes common carrier regulation under which carriers offering their services to the general public must provide services to all customers and may not discriminate based on the identity of the customer or the content of the communication. This is similar to and adapted from the regulation of transportation providers (railroad, airline, shipping, etc.) and some public utilities. Wireless carriers providing telecommunications services are also generally subject to Title II regulation except as exempted by the FCC.^[53]

Telephone

The FCC regulates interstate telephone services under Title II. The Telecommunications Act of 1996 was the first major legislative reform since the 1934 act and took several steps to de-regulate the telephone market and promote competition in both the local and long-distance marketplace.

From monopoly to competition

The important relationship of the FCC and the American Telephone and Telegraph (AT&T) Company evolved over the decades. For many years, the FCC and state officials agreed to regulate the telephone system as a natural monopoly.^[54] The FCC controlled telephone rates and imposed other restrictions under Title II 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.^[55] A lawsuit in 1982 led by the Justice Department after AT&T underpriced other companies, resulted in the breakup of the Bell System 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.^[56] Effective January 1, 1984, the Bell System's many member-companies were variously merged into seven independent "Regional Holding Companies", also known as Regional Bell Operating Companies (RBOCs), or "Baby Bells". This divestiture reduced the book value of AT&T by approximately 70%.^[57]

Internet

The FCC initially exempted "information services" such as broadband Internet access from regulation under Title II. The FCC held that information services were distinct from telecommunications services that are subject to common carrier regulation.

However, Section 706 of the Telecommunications Act of 1996 required the FCC to help accelerate deployment of "advanced telecommunications capability" which included high-quality voice, data, graphics, and video, and to regularly assess its availability. In August 2015, the FCC said that nearly 55 million Americans did not have access to broadband capable of delivering high-quality voice, data, graphics and video offerings.^[58]

On February 26, 2015, the FCC reclassified broadband Internet access as a telecommunications service, thus subjecting it to Title II regulation, although several exemptions were also created. The reclassification was done in order to give the FCC a legal basis for imposing net neutrality rules (see below), after earlier attempts to impose such rules on an "information service" had been overturned in court.

Net neutrality

In 2005, the FCC formally 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. However, broadband providers were permitted to engage in "reasonable network management."

On August 1, 2008, the FCC formally voted 3-to-2 to uphold 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."^[59] The Comcast case highlighted broader issues of whether new legislation is needed to force Internet providers to maintain net 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.^[60]

In December 2010, the FCC revised the principles from the original Internet policy statement and adopted the Open Internet Order consisting of three rules^[61] regarding the Internet: Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services; No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful websites, or block applications that compete with their voice or video telephony services; and No unreasonable discrimination.

On January 14, 2014, Verizon won their lawsuit over the FCC in the United States Court of Appeals for the District of Columbia Court. Verizon was suing over increased regulation on internet service providers on the grounds that "even though the commission has general authority to regulate in this arena, it may not impose requirements that contravene express statutory mandates. Given that the commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the commission from nonetheless regulating them as such."^[62]

After these setbacks in court, in April 2014 the FCC issued a Notice of Proposed Rulemaking regarding a path forward for The Open Internet Order. On November 10, 2014, President Obama created a YouTube video^[63] recommending that the FCC reclassify broadband Internet service as a telecommunications service in order to preserve net neutrality.^[64][65][66]

On February 26, 2015, the FCC ruled in favor of net neutrality by applying Title II (common carrier) of the Communications Act of 1934 and Section 706 of the Telecommunications act of 1996 to the Internet.^[67][68][69]

The rules prompted debate about the applicability of First Amendment protections to Internet service providers and edge providers. Republican commissioner Ajit Pai said the Open Internet Order "posed a special danger" to "First Amendment speech, freedom of expression, [and] even freedom of association."^[70] Democratic member and then-Chairman Tom Wheeler said in response that the rules were "no more a plan to regulate the Internet than the First Amendment is a plan to regulate free speech. They both stand for the same concept."^[71] According to a Washington Post poll, 81% of Americans supported net neutrality in 2014, with 81% of Democrats and 85% of Republicans saying they opposed allowing Internet providers to charge websites for faster speeds.^[72]

On March 12, 2015, the FCC released the specific details of the net neutrality rules.^[73][74][75] On April 13, 2015, the FCC published the final rule on its new "Net Neutrality" regulations.^[76][77]

On April 27, 2017, FCC chairman Ajit Pai released a draft Notice of Proposed Rulemaking that would revise the legal foundation for the agency's Open Internet regulations. The NPRM was voted on at the May 18th Open Meeting.^[78] On December 14, the commission voted 3–2 in favor of passing the repeal of the 2015 rules.^[79] The repeal formally took effect on June 11, 2018, when the 2015 rules expired.^[80][81]

NSA wiretapping

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."^[82]

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History of AT&T

History of AT&T

The history of AT&T dates back to the invention of the telephone. The Bell Telephone Company was established in 1877 by Alexander Graham Bell, who obtained the first US patent for the telephone, and his father-in-law, Gardiner Greene Hubbard. Bell and Hubbard also established American Telephone and Telegraph Company in 1885, which acquired the Bell Telephone Company and became the primary telephone company in the United States. This company maintained an effective monopoly on local telephone service in the United States until anti-trust regulators agreed to allow AT&T to retain Western Electric and enter general trades computer manufacture and sales in return for its offer to split the Bell System by divesting itself of ownership of the Bell Operating Companies in 1982.

Natural monopoly

Natural monopoly

A natural monopoly is a monopoly in an industry in which high infrastructural costs and other barriers to entry relative to the size of the market give the largest supplier in an industry, often the first supplier in a market, an overwhelming advantage over potential competitors. Specifically, an industry is a natural monopoly if the total cost of one firm, producing the total output, is lower than the total cost of two or more firms producing the entire production. In that case, it is very probable that a company (monopoly) or minimal number of companies (oligopoly) will form, providing all or most relevant products and/or services. This frequently occurs in industries where capital costs predominate, creating large economies of scale about the size of the market; examples include public utilities such as water services, electricity, telecommunications, mail, etc. Natural monopolies were recognized as potential sources of market failure as early as the 19th century; John Stuart Mill advocated government regulation to make them serve the public good.

Breakup of the Bell System

Breakup of the Bell System

The breakup of the Bell System was mandated on January 8, 1982, by a consent decree providing that AT&T Corporation would, as had been initially proposed by AT&T, relinquish control of the Bell Operating Companies, which had provided local telephone service in the United States. This effectively took the monopoly that was the Bell System and split it into entirely separate companies that would continue to provide telephone service. AT&T would continue to be a provider of long-distance service, while the now-independent Regional Bell Operating Companies (RBOCs), nicknamed the "Baby Bells", would provide local service, and would no longer be directly supplied with equipment from AT&T subsidiary Western Electric.

Regional Bell Operating Company

Regional Bell Operating Company

The Regional Bell Operating Companies (RBOC) are the result of United States v. AT&T, the U.S. Department of Justice antitrust suit against the former American Telephone & Telegraph Company. On January 8, 1982, AT&T Corp. settled the suit and agreed to divest its local exchange service operating companies. Effective January 1, 1984, AT&T Corp.'s local operations were split into seven independent Regional Bell Operating Companies known as the Baby Bells.

Net neutrality in the United States

Net neutrality in the United States

In the United States, net neutrality, the principle that Internet service providers (ISPs) treat all data on the Internet the same, and not discriminate, has been an issue of contention between network users and access providers since the 1990s. With net neutrality, ISPs may not intentionally block, slow down, or charge money for specific online content. Without net neutrality, ISPs may prioritize certain types of traffic, meter others, or potentially block traffic from specific services, while charging consumers for various tiers of service.

Comcast

Comcast

Comcast Corporation, headquartered in Philadelphia, is the largest American multinational telecommunications conglomerate. It is the second-largest broadcasting and cable television company in the world by revenue, the largest pay-TV company, the largest cable TV company and largest home Internet service provider in the United States, and the nation's third-largest home telephone service provider. It provides services to U.S. residential and commercial customers in 40 states and the District of Columbia. As the parent company of the international media company NBCUniversal since 2011, Comcast is a producer of feature films for theatrical exhibition, and over-the-air and cable television programming.

Julius Genachowski

Julius Genachowski

Julius Genachowski is an American lawyer and businessman. He became the Federal Communications Commission Chairman on June 29, 2009. On March 22, 2013, he announced he would be leaving the FCC in the coming weeks. On January 6, 2014, it was announced that Genachowski had joined The Carlyle Group.

Net neutrality

Net neutrality

Network neutrality, often referred to as net neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering users and online content providers consistent rates irrespective of content, website, platform, application, type of equipment, source address, a destination address, or method of communication.

Notice of proposed rulemaking

Notice of proposed rulemaking

A Notice of Proposed Rulemaking (NPRM) is a public notice that is issued by law when an independent agency of the US government wishes to add, remove, or change a rule or regulation as part of the rulemaking process. The notice is an important part of US administrative law, which facilitates government by typically creating a process of taking of public comment. The term is also used at the state level in the United States.

Barack Obama

Barack Obama

Barack Hussein Obama II is an American former politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African-American president of the United States. Obama previously served as a U.S. senator representing Illinois from 2005 to 2008 and as an Illinois state senator from 1997 to 2004, and worked as a civil rights lawyer before holding public office.

Telecommunications

Telecommunications

Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that feasible with the human voice, but with a similar scale of expediency; thus, slow systems are excluded from the field.

The FCC regulates all non-Federal uses of radio frequency spectrum in the United States under Title III of the Communications Act of 1934. In addition to over-the-air broadcast television and radio stations, this includes commercial mobile (i.e., mobile phone) services, amateur radio, citizen's band radio, theatrical wireless microphone installations, and a very wide variety of other services. Use of radio spectrum by U.S. federal government agencies is coordinated by the National Telecommunications and Information Administration, an agency within the Department of Commerce.

Commercial mobile service

Commercial mobile radio service (CMRS) providers, including all mobile phone carriers, are subject to spectrum and wireless regulations under Title III (similar to broadcasters) as well as common carrier regulations under Title II (similar to wireline telephone carriers), except as provided by the FCC.^[83]

Spectrum auctions

Beginning in 1994, the FCC has usually assigned commercial spectrum licenses through the use of competitive bidding, i.e., spectrum auctions. These auctions have raised tens of billions of dollars for the U.S. Treasury, and the FCC's auction approach is now widely emulated throughout the world. The FCC typically obtains spectrum for auction that has been reclaimed from other uses, such as spectrum returned by television broadcasters after the digital television transition, or spectrum made available by federal agencies able to shift their operations to other bands.

Unlicensed spectrum

Normally, any intentional radio transmission requires an FCC license pursuant to Title III. However, in recent decades the FCC has also opened some spectrum bands for unlicensed operations, typically restricting them to low power levels conducive to short-range applications. This has facilitated the development of a very wide range of common technologies from wireless garage door openers, cordless phones, and baby monitors to Wi-Fi and Bluetooth among others. However, unlicensed devices — like most radio transmission equipment — must still receive technical approval from the FCC before being sold into the marketplace, including ensuring that such devices cannot be modified by end users to increase transmit power above FCC limits.

White spaces

"White spaces" are radio frequencies that went unused after the federally mandated transformation of analog TV signals to digital. On October 15, 2008, FCC Chairman Kevin Martin announced his support for the unlicensed use of white spaces. Martin said he was "hoping to take advantage of utilizing these airwaves for broadband services to allow for unlicensed technologies and new innovations in that space."^[84]

Google, Microsoft and other companies 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."^[85] Cell phone providers such as T-Mobile US 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 commissioners unanimously agreed to open up unused broadcast TV spectrum for unlicensed use.^[86][87]

Amateur radio

Amateur radio operators in the United States must be licensed by the FCC before transmitting. While the FCC maintains control of the written testing standards, it no longer administers the exams, having delegated that function to private volunteer organizations.^[88] No amateur license class requires examination in Morse code; neither the FCC nor the volunteer organizations test code skills for amateur licenses (commercial license examiners do test code skills for the Radiotelegraph Operator license).

Broadcasting tower database

An FCC database provides information about the height and year built of broadcasting towers in the US.^[89] It does not contain information about the structural types of towers or about the height of towers used by Federal agencies, such as most NDBs, LORAN-C transmission towers or VLF transmission facilities of the US Navy, or about most towers not used for transmission like the BREN Tower. These are instead tracked by the Federal Aviation Administration as obstructions to air navigation.

Criticism for use of proprietary standards

The FCC has been criticized for ignoring international open standards, 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 sidebands, 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. While there has been some effort by iBiquity to lower them,^[90] the fees for HD Radio are still an enormous expense when converting each station, and this fee structure presents a potentially high cost barrier to entry for community radio and other non-commercial educational stations when entering the HD Radio market.^[91] (Under the subsidiary communications authority principle, FM stations could in theory use any in-band on-channel digital system of their choosing; a competing service, FMeXtra, briefly gained some traction in the early 21st century but has since been discontinued.)

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 the need to tune S band instead of L band.

In mobile telephony, the FCC abandoned the "any lawful device" principle decided against AT&T landlines, and has instead allowed each mobile phone company to dictate what its customers can use.^[92][93]

Discover more about Wireless policy related topics

Amateur radio

Amateur radio

Amateur radio, also known as ham radio, is the use of the radio frequency spectrum for purposes of non-commercial exchange of messages, wireless experimentation, self-training, private recreation, radiosport, contesting, and emergency communications. The term "amateur" is used to specify "a duly authorized person interested in radioelectric practice with a purely personal aim and without pecuniary interest;" and to differentiate it from commercial broadcasting, public safety, or professional two-way radio services.

National Telecommunications and Information Administration

National Telecommunications and Information Administration

The National Telecommunications and Information Administration (NTIA) is an agency of the United States Department of Commerce that serves as the President's principal adviser on telecommunications policies pertaining to the United States' economic and technological advancement and to regulation of the telecommunications industry.

United States Department of Commerce

United States Department of Commerce

The United States Department of Commerce (DOC) is an executive department of the U.S. federal government concerned with creating the conditions for economic growth and opportunity. Among its tasks are gathering economic and demographic data for business and government decision making, and helping to set industrial standards. Its main purpose is to create jobs, promote economic growth, encourage sustainable development and block harmful trade practices of other nations. It is headed by the Secretary of Commerce, who reports directly to the President of the United States and is a member of the president's Cabinet. The Department of Commerce is headquartered in the Herbert C. Hoover Building in Washington, D.C.

Google

Google

Google LLC is an American multinational technology company focusing on online advertising, search engine technology, cloud computing, computer software, quantum computing, e-commerce, artificial intelligence, and consumer electronics. It has often been referred to as "the most powerful company in the world" and one of the world's most valuable brands due to its market dominance, data collection, and technological advantages in the area of artificial intelligence. Its parent company Alphabet is considered one of the Big Five American information technology companies, alongside Amazon, Apple, Meta, and Microsoft.

Microsoft

Microsoft

Microsoft Corporation is an American multinational technology corporation headquartered in Redmond, Washington. Microsoft's best-known software products are the Windows line of operating systems, the Microsoft Office suite, and the Internet Explorer and Edge web browsers. Its flagship hardware products are the Xbox video game consoles and the Microsoft Surface lineup of touchscreen personal computers. Microsoft ranked No. 14 in the 2022 Fortune 500 rankings of the largest United States corporations by total revenue; it was the world's largest software maker by revenue as of 2022. It is considered as one of the Big Five American information technology companies, alongside Alphabet, Amazon, Apple, and Meta.

T-Mobile US

T-Mobile US

T-Mobile US, Inc. is an American wireless network operator headquartered in Overland Park, Kansas and Bellevue, Washington, U.S. Its largest shareholder is a multinational telecommunications company Deutsche Telekom AG, which as of August 2022, holds 48.4 percent of the common stock. T-Mobile US is the second-largest wireless carrier in the United States, with more than 110 million subscribers as of the end of Q2 2022.

Non-directional beacon

Non-directional beacon

A non-directional beacon (NDB) or non-directional radio beacon is a radio beacon which does not include inherent directional information. Radio beacons are radio transmitters at a known location, used as an aviation or marine navigational aid. NDB are in contrast to directional radio beacons and other navigational aids, such as low-frequency radio range, VHF omnidirectional range (VOR) and tactical air navigation system (TACAN).

BREN Tower

BREN Tower

BREN Tower was a guyed steel framework mast, 1,527 ft (465 m) high, on the Nevada Test Site in Nevada, USA. "BREN" stands for "Bare Reactor Experiment, Nevada." The structure was owned by the Department of Energy and maintained by National Security Technologies. Access to the tower area had been closed since July 2006. No reason for the closure has been given. As part of the Nevada Test Site, it was also located in restricted airspace (R-4808N).

Federal Aviation Administration

Federal Aviation Administration

The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic control, certification of personnel and aircraft, setting standards for airports, and protection of U.S. assets during the launch or re-entry of commercial space vehicles. Powers over neighboring international waters were delegated to the FAA by authority of the International Civil Aviation Organization.

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.

Open standard

Open standard

An open standard is a standard that is openly accessible and usable by anyone. It is also a prerequisite to use open license, non-discrimination and extensibility. Typically, anybody can participate in the development. There is no single definition, and interpretations vary with usage.

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, unable to use another vendor without substantial switching costs.

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.^[94] The FCC Record is the comprehensive compilation of decisions, reports, public notices, and other documents of the FCC, published since 1986.^[95][96]

History of the issue

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.^[97] 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.

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)^[97]

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."^[97] 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 deliberation 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.^[98]

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.^[99] 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,^[100] and in 1958 held additional hearings on the television network broadcasting rules.^[101] 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,^[102] clearly a move to reconnect the commission with the public interest (at least rhetorically).