Federal Communications Commission
FCC | |
Chairwoman | |
Website | fcc.gov |
---|---|
Footnotes | |
[3] |
The Federal Communications Commission (FCC) is an
The FCC was formed by the Communications Act of 1934 to replace the radio regulation functions of the previous Federal Radio Commission.[5] 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 the territories of the United States. The FCC also provides varied degrees of cooperation, oversight, and leadership for similar communications bodies in other countries in North America. The FCC is funded entirely by regulatory fees. It has an estimated fiscal-2022 budget of US $388 million.[2] It has 1,482 federal employees as of July 2020.[6]
Mission and agency objectives
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]
Organization and procedures
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 chairman of the commission. 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 its 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 Media Bureau (MB) develops, recommends and administers the policy and licensing programs relating to direct broadcast satelliteservice.
- The Space Bureau (SB) leads policy and licensing matters related to satellite and space-based communications and activities. It will also serve as the commission's liaison to other agencies engaged in space policy. It was created in April 2023 after the former International Bureau (IB) and its functions were divided between the Space Bureau and a new Office of International Affairs.[11]
- 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 linetelecommunications. 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.[12]
Offices
The FCC has twelve 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 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, 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[13] 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 telecommunicationand 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 International Affairs (OIA) is responsible for the commission's engagement in foreign and international regulatory authorities, including multilateral and regional organizations. OIA will also facilitate through rulemaking and licensing the commission's development of policies regarding international telecommunications facilities and services as well as submarine cables, and advise the commission on foreign ownership issues.
- 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
The FCC leases space in the Sentinel Square III building in northeast Washington, D.C.[14][15]
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
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.[17][18]
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.[19]
Report on Chain Broadcasting
In 1940, the Federal Communications Commission issued the "Report on
Freeze of 1948
In assigning television stations to various cities after
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.[22]
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
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.
Telecommunications Act of 1996
In 1996, Congress enacted the
The development of the
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.[28] Restrictions on ownership of television stations were also loosened.[29] 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.[30]
Modernization of the FCC's information technology systems
David A. Bray joined the commission in 2013 as
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."[36] The decision to establish the Space Bureau was reportedly done to improve the agency's capacity to regulate Satellite Internet access.[37] The new bureau officially launched on April 11, 2023.[38]
Commissioners
The commissioners of the FCC are:
Name | Party | Term expires | Max. extended time |
---|---|---|---|
Jessica Rosenworcel (Chair) | Democratic | June 30, 2025 | Jan. 3, 2027 |
Geoffrey Starks | Democratic | June 30, 2027 | Jan. 3, 2029 |
Brendan Carr | Republican | June 30, 2028 | Jan. 3, 2030 |
Nathan Simington | Republican | June 30, 2024 | Jan. 3, 2026 |
Anna M. Gomez | Democratic | June 30, 2026 | Jan. 3, 2028 |
The initial group of FCC commissioners after establishment of the commission in 1934 comprised the following seven members:[19][39]
Commissioner | State | Party | Position | Term started | Term ended | |
---|---|---|---|---|---|---|
Eugene O. Sykes | Mississippi | Democratic | Chairman | [40] | July 11, 1934 | April 5, 1939 |
Thad H. Brown | Ohio | Republican | Commissioner | July 11, 1934 | June 30, 1940 | |
Paul A. Walker | Oklahoma | Democratic | Commissioner | [41] | July 11, 1934 | June 30, 1953 |
Norman S. Case | Rhode Island | Republican | Commissioner | July 11, 1934 | June 30, 1937 | |
Irvin Stewart | Texas | Democratic | Commissioner | July 11, 1934 | June 30, 1937 | |
George Henry Payne | New York | Republican | Commissioner | July 11, 1934 | June 30, 1943 | |
Hampson Gary | Texas | Democratic | Commissioner | July 11, 1934 | January 1, 1935 |
The complete list of commissioners is available on the FCC website.[39] Frieda B. Hennock (D-NY) was the first female commissioner of the FCC in 1948.
Name | Party | Term started | Term expired |
---|---|---|---|
Eugene Octave Sykes
|
Democratic | July 11, 1934 | April 5, 1939 |
Thad H. Brown | Republican | July 11, 1934 | June 30, 1940 |
Paul A. Walker | Democratic | July 11, 1934 | June 30, 1953 |
Norman S. Case | Republican | July 11, 1934 | June 30, 1937 |
Irvin Stewart | Democratic | July 11, 1934 | June 30, 1937 |
George Henry Payne | Republican | July 11, 1934 | June 30, 1943 |
Hampson Gary | Democratic | July 11, 1934 | January 1, 1935 |
Anning Smith Prall | January 17, 1935 | July 23, 1937 | |
T.A.M. Craven |
August 25, 1937 | June 30, 1944 | |
July 2, 1956 | March 25, 1963 | ||
Frank R. McNinch | October 1, 1937 | August 31, 1939 | |
Frederick I. Thompson | April 13, 1939 | June 30, 1941 | |
James Lawrence Fly | September 1, 1939 | November 13, 1944 | |
Ray C. Wakefield | Republican | March 22, 1941 | June 30, 1947 |
Clifford Durr | Democratic | November 1, 1941 | June 30, 1948 |
E. K. Jett | Independent |
February 15, 1944 | December 31, 1947 |
Paul A. Porter | Democratic | December 21, 1944 | February 25, 1946 |
Charles R. Denny | March 30, 1945 | October 31, 1947 | |
William Henry Wills | Republican | July 23, 1945 | March 6, 1946 |
Rosel H. Hyde | April 17, 1946 | October 31, 1969 | |
Edward M. Webster | Independent |
April 10, 1947 | June 30, 1956 |
Robert Franklin Jones | Republican | September 5, 1947 | September 19, 1952 |
Wayne Coy | Democratic | December 29, 1947 | February 21, 1952 |
George E. Sterling | Republican | January 2, 1948 | September 30, 1954 |
Frieda B. Hennock | Democratic | July 6, 1948 | June 30, 1955 |
Robert T. Bartley | March 6, 1952 | June 30, 1972 | |
Eugene H. Merrill | October 6, 1952 | April 15, 1953 | |
John C. Doerfer | Republican | April 15, 1953 | March 10, 1960 |
Robert E. Lee | October 6, 1953 | June 30, 1981 | |
George McConnaughey | October 4, 1954 | June 30, 1957 | |
Frederick W. Ford | August 29, 1957 | December 31, 1964 | |
John S. Cross | Democratic | May 23, 1958 | September 30, 1962 |
Charles H. King | Republican | July 19, 1960 | March 2, 1961 |
Newton N. Minow | Democratic | March 2, 1961 | June 1, 1963 |
E. William Henry | October 2, 1962 | May 1, 1966 | |
Kenneth A. Cox | March 26, 1963 | August 31, 1970 | |
Lee Loevinger | June 11, 1963 | June 30, 1968 | |
James Jeremiah Wadsworth | Republican | May 5, 1965 | October 31, 1969 |
Nicholas Johnson | Democratic | July 1, 1966 | December 5, 1973 |
H. Rex Lee | October 28, 1968 | December 5, 1973 | |
Dean Burch | Republican | October 31, 1969 | March 8, 1974 |
Robert Wells | November 6, 1969 | November 1, 1971 | |
Thomas J. Houser | January 6, 1971 | October 5, 1971 | |
Charlotte Thompson Reid | October 8, 1971 | July 1, 1976 | |
Richard E. Wiley | January 5, 1972 | October 13, 1977 | |
Benjamin Hooks | Democratic | July 5, 1972 | July 25, 1977 |
James Henry Quello | April 30, 1974 | November 1, 1997 | |
Glen O. Robinson | July 10, 1974 | August 30, 1976 | |
Abbott M. Washburn | Republican | July 10, 1974 | October 1, 1982 |
Joseph R. Fogarty | Democratic | September 17, 1976 | June 30, 1983 |
Margita White | Republican | September 23, 1976 | February 28, 1979 |
Charles D. Ferris | Democratic | October 17, 1977 | April 10, 1981 |
Tyrone Brown | November 15, 1977 | January 31, 1981 | |
Anne P. Jones | Republican | April 7, 1979 | May 31, 1983 |
Mark S. Fowler | May 18, 1981 | April 17, 1987 | |
Mimi Weyforth Dawson | July 6, 1981 | December 3, 1987 | |
Henry M. Rivera | Democratic | August 10, 1981 | September 15, 1985 |
Stephen A. Sharp | Republican | October 4, 1982 | June 30, 1983 |
Dennis R. Patrick | December 2, 1983 | April 17, 1987 | |
Patricia Diaz Dennis | Democratic | June 25, 1986 | September 29, 1989 |
Alfred C. Sikes | Republican | August 8, 1989 | January 19, 1993 |
Sherrie P. Marshall | August 21, 1989 | April 30, 1993 | |
Andrew C. Barrett | September 8, 1989 | March 30, 1996 | |
Ervin Duggan | Democratic | February 28, 1990 | January 30, 1994 |
Reed Hundt | November 29, 1993 | November 3, 1997 | |
Susan Ness | May 19, 1994 | May 30, 2001 | |
Rachelle B. Chong | Republican | May 23, 1994 | November 3, 1997 |
William Kennard | Democratic | November 3, 1997 | January 19, 2001 |
Harold W. Furchtgott-Roth | Republican | November 3, 1997 | May 30, 2001 |
Michael Powell | November 3, 1997 | March 17, 2005 | |
Gloria Tristani | Democratic | November 3, 1997 | September 7, 2001 |
Kathleen Q. Abernathy | Republican | May 31, 2001 | December 9, 2005 |
Michael Copps | Democratic | May 31, 2001 | December 31, 2011 |
Kevin Martin | Republican | July 3, 2001 | January 19, 2009 |
Jonathan Adelstein | Democratic | December 3, 2002 | June 29, 2009 |
Deborah Tate | Republican | January 3, 2006 | January 3, 2009 |
Robert M. McDowell | June 1, 2006 | May 17, 2013 | |
Julius Genachowski | Democratic | June 29, 2009 | May 17, 2013 |
Meredith Attwell Baker | Republican | July 31, 2009 | June 3, 2011 |
Mignon Clyburn | Democratic | August 3, 2009 | June 6, 2018 |
Jessica Rosenworcel | May 11, 2012 | Present | |
Ajit Pai | Republican | May 14, 2012 | January 20, 2021 |
Tom Wheeler | Democratic | November 4, 2013 | January 20, 2017 |
Michael O'Rielly | Republican | November 4, 2013 | December 11, 2020 |
Brendan Carr | August 11, 2017 | Present | |
Geoffrey Starks | Democratic | January 30, 2019 | Present |
Nathan Simington | Republican | December 14, 2020 | Present |
Anna M. Gomez | Democratic | September 25, 2023 | Present |
Media policy
Broadcast radio and television
The FCC regulates broadcast stations,
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.[43]
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.[44] 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.[45]
The 1981 inauguration of
In terms of indecency fines, there was no action taken by the FCC on the case
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.[48]
Then on June 15, 2006,
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
President Barack Obama appointed Mark Lloyd to the FCC in the newly created post of associate general counsel/chief diversity officer.[53]
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
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
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
Wireline policy
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.[54]
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.[55] 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.[56] 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.[57] 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%.[58]
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.[59]
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."[citation needed]
On August 1, 2008, the FCC formally voted 3-to-2 to uphold a complaint against
In December 2010, the FCC revised the principles from the original Internet policy statement and adopted the Open Internet Order consisting of three rules[62] 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."[63]
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[64] recommending that the FCC reclassify broadband Internet service as a telecommunications service in order to preserve net neutrality.[65][66][67]
On February 26, 2015, the
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."[71] 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."[72] 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.[73]
On March 12, 2015, the FCC released the specific details of the net neutrality rules.[74][75][76] On April 13, 2015, the FCC published the final rule on its new "Net Neutrality" regulations.[77][78]
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.[79] On December 14, the commission voted 3–2 in favor of passing the repeal of the 2015 rules.[80] The repeal formally took effect on June 11, 2018, when the 2015 rules expired.[81][82]
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.
Wireless policy
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.[84]
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
"
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." [86] [87] 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.[88][89]
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.[90] 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.
Criticism for use of proprietary standards
The FCC has been criticized for ignoring international
In the case of
For
In
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.[96] The FCC Record is the comprehensive compilation of decisions, reports, public notices, and other documents of the FCC, published since 1986.[97][98]
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.[99] 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)[99]
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."[99] 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.[100]
A few years later [
On September 5, 2023, commissioner Nathan Simington held a public forum on the tech-focused social news site, Hacker News.[105]
See also
Media policy
- 1978 Broadcast Policy Statement on minority ownership
- Bleep censor
- Broadcast Standards and Practices (US)
- Censorship of broadcasting in the United States
- Public Broadcasting Act of 1967
- Public, educational, and government access(PEG)
Wireline/broadband policy
- Comcast Corp. v. FCC
- National broadband plans from around the world
Wireless policy
- Frequency assignment authority
- Open spectrum
- Part 15 (FCC rules)
International
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{{cite journal}}
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Further reading
- Harvey J. Levin: Pioneering the Economics of the Airwaves
- The Invisible Resource: Use and Regulation of the Radio Spectrum
- Papers of Robert E. Lee, Commissioner of the FCC, 1953–1981, Dwight D. Eisenhower Presidential Library. Archived April 11, 2019, at the Wayback Machine.
- The Federal Communications Commission: Current Structure and Its Role in the Changing Telecommunications Landscape Congressional Research Service
External links
- Official website
- FCC Rules (CFR Title 47) in the Code of Federal Regulations
- FCC in the Federal Register
- FCC on USAspending.gov
- The FCC Record from the UNT Digital Library