Federal Communications Commission
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Image:FCCSeal.png Template:Redirect The Federal Communications Commission (FCC) is an independent United States government agency, created, directed, and empowered by Congressional statute (see Template:Usc and Template:Usc).
The FCC was established by the Communications Act of 1934 as the successor to the Federal Radio Commission and is charged with regulating all non-Federal Government use of the radio spectrum (including radio and television broadcasting), and all interstate telecommunications (wire, satellite and cable) as well as all international communications that originate or terminate in the United States. It is an important factor in US telecommunication policy. The FCC took over wire communication regulation from the Interstate Commerce Commission.
The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions.
Organization
The FCC is directed by five Commisioners appointed by the President and confirmed by the Senate for five-year terms, except when filling an unexpired term. The President designates one of the Commissioners to serve as Chairman. Only three Commissioners may be members of the same political party. None of them can have a financial interest in any Commission-related business.
As the chief executive officer of the Commission, the Chairman delegates management and administrative responsibility to the Managing Director. The Commissioners supervise all FCC activities, delegating responsibilities to staff units and Bureaus. The current FCC Chairman is Kevin Martin. The other current Commissioners are Deborah Taylor Tate, Michael Copps Jonathan Adelstein, and Robert M. McDowell.
Bureaus
The Bureaus’ responsibilities include processing applications for licenses and other filings, analyzing complaints, conducting investigations, developing and implementing regulations, and participating in hearings.
Consumer & Governmental Affairs
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 our 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 critical areas as emergency preparedness and implementation of new technologies.
Enforcement
The Enforcement Bureau (EB) is responsible for enforcement of provisions of the Communications Act of 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.
International
The International Bureau (IB) develops international polices 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.
Media
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.
Wireless Telecommunications
The Wireless Telecommunications Bureau (WTB) handles nearly all FCC domestic wireless telecommunications programs, policies, and outreach initiatives. Wireless communications services include amateur radio, cellular networks, paging, Personal Communications Service, and others.
Wireline Competition
The Wireline Competition Bureau (WCB) develops policy concerning wireline telecommunications. The Wireline Competition Bureau’s main objectives are to promote growth and economical investments in wireline technology infrastructure, development, markets, and services.
Offices
The FCC's Offices provide support services to the Bureaus. Even though the Bureaus and Offices have their individual functions, they regularly join forces and share expertise in addressing FCC issues.
Administrative Law Judges
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 which may be appealed to the Commission.
Communications Business Opportunities
The Office of Communications Business Opportunities (OCBO) promotes telecommunications business opportunities for small, minority-owned, and women-owned businesses. To this end, 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.
Engineering & Technology
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 also organizes the Technical Advisory Council, a committee of FCC advisors from major telecommunication and media corporations.
General Counsel
The Office of General Counsel serves as the chief legal advisor to the Commission. The General Counsel also represents the Commission in litigation in United States federal 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.
Inspector General
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.
Legislative Affairs
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.
Managing Director
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.
Media Relations
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.
Secretary
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.
Strategic Planning & Policy Analysis
The Office of Strategic Planning & Policy Analysis (OSP) identifies policy objectives for the agency. As part of this process, OSP helps prepare the agency's annual budget, ensuring that budget proposals mesh with agency policy objectives and plans. OSP is responsible for monitoring the state of the communications industry to identify trends, issues and overall industry health. OSP acts as expert consultants to the Commission in areas of economic, business, and market analysis. The Office also reviews legal trends and developments not necessarily related to current FCC proceedings, such as intellectual property law, the Internet, and electronic commerce.
Workplace Diversity
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.
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. Title III of the Communications Act contained provisions very similar to the Radio Act of 1927, and the new FCC largely took over the operations and precedents of the FRC.
Report on Chain Broadcasting
In 1940 the Federal Communications Commission issued the "Report on Chain Broadcasting." The major point in the report was the breakup of NBC (See American Broadcasting Company), but there were two other important points. One was network option time, the culprit here being CBS. The report limited the amount of time during the day, and what times the networks may broadcast. Previously a network could demand any time it wanted from an affiliate. The second concerned artist bureaus. The networks served as both agents and employees of artists, which was a conflict of interest the report rectified.
Consolidation permissivity, indecency crackdowns
Image:FCC-logo.gif The inauguration of Ronald Reagan as President of the United States in 1981 marked the beginning of a shift in the FCC towards a decidedly more permissive stance. Monopoly regulations were relaxed so far as to be practically irrelevant, and remaining restrictions were laxly enforced. A substantial portion of other regulations were repealed, such as guidelines for minimal amounts of non-entertainment programming in 1985. In addition, the Fairness Doctrine was removed in 1987. This deregulation has led to the rapid rise in the channel selection offered by broadcast alternatives such as cable television. It has also led to greater concentration of media ownership.
In the early 2000s, the FCC began stepping up censorship and enforcement of so-called indecency regulations again, most notably following the Janet Jackson "wardrobe malfunction" that occurred during the halftime show of Super Bowl XXXVIII. However, the FCC's regulatory domain with respect to indecency remains restricted to the public airwaves, notably VHF and UHF television and AM/FM radio. Because of this "incident" all live television shows are now delayed about 5 seconds for the editors to cut out any profane launguage or nudity.
FCC Commissioners Since Inception in 1934
Eugene O. Sykes (MS), Thad Brown (OH), Paul Walker (OK), Norman Case (RI), Irvin Stewart (TX), Geoge Henry Payne (NY), Hampson Gary (TX), Anning Prall (NY), T.A.M. Craven (DC/VA), Frank McNinch ((NC), Fredric Thompson (AL), James Lawrence Fly (TX), Ray Wakefield (CA), Clifford Durr (AL), Ewell Jett (MD), Paul Porter (KY), Charles Denny (DC), William Willis (VT), Rosel Hyde (ID), Edward Webster (DC), Robert Jones (OH), Wayne Coy (IN), George Sterling (ME), Frieda Hennock (NY), Robert Bartley (TX), Eugene Merrill (UT), John Doerfer (WI), Robert E. Lee (IL), George McConnaughey (OH), Frederick Ford (WV), John Cross (AK), Charles King (MI), Newton Minow (IL), E. William Henry (TN), Kenneth Cox (WA), Lee Loevinger (MN), James Wadsworth (NY), Nicholas Johnson (IA), H. Rex Lee (DC), Dean Burch (AZ), Robert Wells (KS), Thomas Houser (IL), Charlotte Reid (IL), Richard E. Wiley (IL), Benjamin Hooks (TN), James H. Quello (MI), Glen Robinson (MN), Abbott Washburn (MN), Joseph Fogerty (RI), Margita White (Sweden), Charles Ferris (MA), Tyrone Brown (VA), Anne P. Jones (MA), Mark Fowler (Canada), Mimi Weyforth Dawson (MO), Henry Rivera (NM), Stephen Sharp (OH), Dennis Patrick (California), Patricia Diaz Dennis (NM), Alfred Sikes (MO), Sherrie P. Marshall (FL), Andrew C. Barrett (IL), Ervin Duggan (GA), Reed Hundt (MD), Susan Ness (NJ), Rachelle B. Chong (CA), William E. Kennard (CA), Harold Furchtgott-Roth (TN), Michael K. Powell (VA), Gloria Tristani (NM), Kathleen Q. Abernathy (KY), Michael Copps (WI), Kevin J. Martin (NC), Jonathan Adelstein (SD), Deborah Taylor Tate (TN), Robert M. McDowell (VA).<ref>Complete lists of commissioners from 1934 to present</ref>
Regulatory powers
Image:Fcclogowords.gif The Federal Communications Commission has one major regulatory weapon, revoking licenses, but short of that has little leverage over broadcast stations (see FCC MB Docket 04-232). It is reluctant to do this since it operates in a near vacuum of information on most of the tens of thousands of stations whose licenses are renewed every eight years (previously, every three years). Broadcast licenses are supposed to be renewed if the station meets the "public interest, convenience, or necessity." The Federal Communications Commission rarely checks except for some outstanding reason; burden of proof would be on the complainant. Fewer than 1% of station renewals are not immediately granted, and only a small fraction of those actually denied.
The Federal Communications Commission also licenses amateur radio operators and stations, and does use its power to fine amateur radio operators who flagrantly violate its rules. It also licenses commercial operators who operate and repair certain radiotelephone, television, radar, and Morse code radio stations. In recent years it has also licensed people who maintain or operate GMDSS stations. While the FCC maintains control of the written and Morse testing standards, it no longer administers the exams, having delegated that function to private organizations.
Note: Similar authority for regulation of U.S. Government telecommunications is vested in the National Telecommunications and Information Administration (NTIA).
Source: from Federal Standard 1037C
See also: frequency assignment, open spectrum, Ofcom (British equivalent), Mercedes divide, FCC MB Docket 04-232
Spectrum auctions
Beginning in 1994, commercial spectrum has been allocated via competitive auctions rather than the previous method of "best public use." This was a cumbersome bureaucratic process in which competitors attempted to show that they were most capable of making best public use of the license they wished to obtain. The structure and licenses available in each auction are determined by vote of the Commission, with the licenses awarded to the highest bidders. Auctions are usually conducted on a simultaneous multiple-round basis, with all offered licenses being auctioned at the same time. Auctions proceed in bidding rounds of decreasing duration until no more bids are received. Revenues are deposited in the US Treasury to be spent by Congress.
The FCC has been criticized for awarding a digital TV channel to each holder of an analog TV station license without an auction, as well as trading auctionable spectrum to Nextel to resolve public safety interference problems.
Criticisms
The FCC has been criticized on many fronts, both for being too restrictive and too permissive in its regulation.
On the issue of broadcast indecency, it has taken heat from right wing conservatives and family-oriented groups for not sufficiently censoring and restricting sexually explicit and violent material to which they believe children should not be exposed (a so-called Family Viewing Hour was instituted in the 1970s and then discontinued).
In the actions the FCC has taken against broadcasters, it is frequently being criticized for violating the First Amendment guarantee of Freedom of Speech, both directly by censorship and enforcement action, often politically motivated, and indirectly by the general intimidation it creates, particularly with the U.S. Congress considering multiplying fines exponentially. The FCC was even considering forcing all broadcasters to retain everything they broadcast for up to three months (FCC MB Docket 04-232) which would wipe out smaller broadcasters because of the enormous expenses associated with such a move in terms of having to purchase new equipment that has the necessary features for content storage and the need for facilities to store content.
Low-power broadcasting has also been a source of contention, as the FCC has set the power limits on it extremely low, while making it nearly impossible for anyone except large corporations or large nonprofit organizations to obtain a license. Stephen Dunifer did win a case versus the FCC, but otherwise few have successfully argued against the commission so far.
Anime fans are critical of companies such as 4Kids Entertainment for major editing of properties such as Pokémon and One Piece from Japan to fit US audiences on broadcast networks such as Fox and Kids' WB.
Note that cable outlets, such as Cartoon Network's Adult Swim, are not governed by the FCC and generally do much less editing. How much is usually determined by their standards and practices department.
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.”[1]
Timeline: FCC asked to investigate NSA/phone record controversy
Doraemon
The character "Broadband" (FCC Kids Zone) looks like Doraemon, a popular manga character in Japan. Doraemon was created for print in magazines in 1969, which makes Doraemon predate the FCC's character. According to Japanese news media, both Shogakukan (copyright manager) and Fujiko-production (owner of the copyright) have warned the FCC over the alleged copyright infringement, but so far there has been no answer.
FCC Satire
In early 2004, British-born Monty Python comic Eric Idle released a profanity-laced protest song, "The FCC Song", in reaction to a fine by the FCC for saying the word "fuck" on a Clear Channel radio station.[2]
Another recent criticism was aired during Family Guy, November 6, 2005. During the season 4 episode PTV, Peter Griffin created his own television network after finding out that the FCC was cracking down on obscenity and censoring his favorite shows (prompted by an incident of indecent exposure by David Hyde Pierce). The episode includes an amusing song about the FCC as well though the FCC was potrayed incorrectly.
In Drawn Together episode Terms of Endearment, the FCC was claimed to be owned by Mickey Mouse, as telling the characters that he will "permanently erase every offensive cartoon ever created, until it's the happiest place on earth!"
Notes
External links
- FCC Website
- Enforcement Policies Regarding Broadcast Indecency
- FCC Rules
- Recent FCC Ruling - MB Docket No. 04-232
- Communications topics
- Cybertelecom: FCC rules that impact the Internet
- Fire the FCC
- Forbes - Does Open-Source Software Make The FCC Irrelevant?
- FCC Indecency Fines, 1970-2004
- Cable TV Channel Frequencies
- Lasar's Letter on the Federal Commmunications Commission
- Spectrum For Sale or Rent - a discussion of Spectrum Auctionsda:Federal Communications Commission
de:Federal Communications Commission es:Federal Communications Commission ja:連邦通信委員会 nl:Federal Communications Commission pt:Federal Communications Commission
