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92-527: The FCC procedure to calculate HAAT is: from the proposed or actual antenna site, either 12 or 16 radials were drawn, and points at 2, 4, 6, 8, and 10 miles (16 km) radius along each radial were used. The entire radial graph could be rotated to achieve the best effect for the station. The altitude of the antenna site, minus the average altitude of all the specified points, is the HAAT. This can create some unusual cases, particularly in mountainous regions—it

184-580: A natural monopoly . 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. A lawsuit in 1982 led by the Justice Department after AT&T underpriced other companies, resulted in

276-590: A "chief" that is appointed by the chair of the commission. Bureaus process applications for licenses and other filings, analyze complaints, conduct investigations, develop and implement regulations, and participate in hearings . The FCC has twelve staff offices. The FCC's offices provide support services to the bureaus. The FCC leases space in the Sentinel Square III building in northeast Washington, D.C. Prior to moving to its new headquarters in October 2020,

368-659: A commission to be known as the Federal Communications Commission, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this Act."; although it has since been amended. On January 3, 1996, the 104th Congress of the United States amended or repealed sections of the Communications Act of 1934 with the Telecommunications Act of 1996 . It

460-494: A legal void" by creating a process through which telephone carrier companies could record and report illegal wiretapping requests and the FCC could punish law enforcement officials who abused wiretapping surveillance. The FCC took over regulation in 1934 and changed many of the structural characteristics of the original agency, although its goal of reducing interference remained the same. The original FRC had 5 members who were each responsible for representing one geographical area of

552-432: 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. 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

644-619: A new Federal Communications Commission, including in it also the telecommunications jurisdiction previously handled by the Interstate Commerce Commission. Title II of the Communications Act focused on telecommunications using many concepts borrowed from railroad legislation and Title III contained provisions very similar to the Radio Act of 1927 . The initial organization of the FCC was effected July 17, 1934, in three divisions, Broadcasting, Telegraph, and Telephone. Each division

736-410: A situation he found "perplexing". These efforts later were documented in a 2015 Harvard Case Study. In 2017, Christine Calvosa replaced Bray as the acting CIO of FCC. 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

828-614: 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

920-536: Is funded entirely by regulatory fees. It has an estimated fiscal-2022 budget of US $ 388 million. It has 1,482 federal employees as of July 2020. 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

1012-673: Is involved, should be regulated by a single body". A recommendation was made for the establishment of a new agency that would regulate all interstate and foreign communication by wire and radio, telegraphy , telephone and broadcast . On February 26, 1934, the President sent a special message to Congress urging the creation of the Federal Communications Commission ;(FCC). The following day Senator Clarence Dill and Representative Sam Rayburn introduced bills to carry out this recommendation. The Senate Bill (S.3285) passed

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1104-455: Is not what Senator Dill publicly complained about. He expressed horror over the advertising. He said there was too much advertising already. Not all educators supported the advertising clause, so a compromise was struck. The issue was to be given to the new FCC to study and to hold hearings on and to report back to Congress. Hatfield and Wagner stuck to their guns, however, and proposed their amendment anyway. The Hatfield-Wagner amendment died and

1196-633: Is possible to have a negative number for HAAT (the transmitter would not be located underground, but rather in a valley , with hills on both sides taller than the transmitter itself, for example). The FCC has divided the Contiguous United States into three zones for the determination of spacing between FM and TV stations using the same frequencies. FM and TV stations are assigned maximum ERP and HAAT values, depending on their assigned zones, to prevent co-channel interference . The FCC regulations for ERP and HAAT are listed under Title 47, Part 73 of

1288-686: 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

1380-477: The Code of Federal Regulations (CFR). In all zones, maximum ERP for analog TV transmitters is as follows: Zone I (the most densely populated zone) consists of the entire land masses of the following states: Connecticut , Delaware , Illinois , Indiana , Maryland , Massachusetts , New Jersey , Ohio , Pennsylvania , Rhode Island , and West Virginia ; in addition to the northern and eastern portions of Virginia ;

1472-632: The U.S. Virgin Islands (If the dividing line between Zones I and II runs through a city, that city is considered to be in Zone I.). Zones I and I-A have the most "grandfathered" overpowered stations, which are allowed the same extended coverage areas that they had before the zones were established. One of the most powerful of these stations is WBCT in Grand Rapids, Michigan , which operates at 320,000 watts and 238 meters (781 ft) HAAT. Zone III (the zone with

1564-495: 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. Commissioners may continue serving until the appointment of their replacements. However, they may not serve beyond

1656-488: 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. 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

1748-414: The electromagnetic spectrum could constitutionally be regulated. The Wireless Ship Act of 1910 called for Congress to modestly regulate the wireless industry and the Radio Act of 1912 was their first attempt to make more legislative oversight to the entire radio industry. This act required anyone who wanted to transmit over the radio to have government issued permission in form of a license. Along with

1840-457: 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

1932-731: 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. 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

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2024-408: The Communications Act of 1934 was made on September 7, 1999. The FCC ruled "that a broadcast station should not be allowed to refuse a request for political advertising time solely on the ground that the station does not sell or program such lengths of time". Politics have had many effects and changes to the act that are not in the "best interest of the public" thus taking away some of the power given to

2116-556: The Communications Act of 1934. The bill was left in committee in the House. There has been public debate about the need for an Internet kill switch , defined in a proposed Protecting Cyberspace as a National Asset Act. This act removes the powers established in the 19 Act and gives the President the authority to stop the Internet in case of a cyber attack. The act forbids foreign individuals, governments, and corporations owning more than 20% of

2208-587: The Communications Act was passed. The Federal Communications Commission reported back, saying that commercial stations had ample time for educational and other public service programs. The Commission called for cooperation between commercial and educational interests and other non-profit groups. The educators lost, although commercial broadcasters were forced to air public affairs programs. The U.S. Supreme Court held in National Broadcasting Co. v. United States , 319 U.S. 190 on May 10, 1943, that

2300-522: 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. 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

2392-601: The FCC by Congress. Murphy stated that we exceed our competence when we gratuitously bestow upon an agency power which the Congress has not granted. Since that is what the Court in substance does today, I dissent. Because the majority of the Court did not agree with Murphy, it effectively gave the FCC power to regulate the networks. As a result of this 1943 decision, NBC was forced to sell one of its two networks—the Blue Network —and it

2484-536: The FCC consists of commissioners who are appointed by the President and approved by the Senate. Each Commissioner can only serve for a five-year term, even the one chosen to be the chairperson. Originally there were 7 commissioners with 7 year terms, but this was changed to 5 commissions with 5 year terms in 1986. Though there are only five commissioners, there are several offices and departments, made up of hundreds and staff members that carry out different duties. For example,

2576-414: The FCC from the Act. The Federal Communications Commission Consolidated Reporting Act of 2013 (H.R. 2844; 113th Congress) would amend the Communications Act of 1934 to require the Federal Communications Commission (FCC) to publish on its website and submit to Congress a biennial report on the state of the communications marketplace. That report would include an analysis of "the state of competition in

2668-550: The FCC had the right to issue regulations pertaining to associations between broadcasting networks and their affiliated stations. The opinion of the Supreme Court was not unanimous and it led to a conflict with an earlier decision in Federal Communications Commission v. Sanders Brothers Radio Station , 309 U.S. 470, on March 25, 1940. In that case the FCC interpreted Supreme Court decisions concerning broadcasting to mean that potential economic injury to an existing licensee

2760-584: The FCC in the newly created post of associate general counsel/chief diversity officer. 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

2852-437: 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. 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

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2944-545: 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 m ) of space in Portals for 20 years, at a cost of $ 17.3 million per year in 1996 dollars. Prior to

3036-403: 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. 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

3128-459: 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

3220-510: 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. 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

3312-406: The FCC. Before the Communications Act of 1934 was enacted as law by the U.S. Congress , there was a debate over commercial versus non-commercial broadcasting: Senators Robert Wagner of New York and Henry Hatfield of West Virginia offered an amendment to the then proposed Communications Act. Educators wanted more of radio to be given to them; they had been termed a "special interest" by

3404-400: The FCC. The first section of the act originally read as follows: "For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of

3496-576: The Federal Radio Commission (FRC). Senators Clarence Dill and Wallace H. White, Jr. also pushed toward passing the 1927 act. The FRC had a short, 6-year term in American history and transferred its responsibility, as the agency for managing the radio spectrum, to the FCC after the Communications Act of 1934. President Franklin Delano Roosevelt signed the bill in 1934. This change in power

3588-477: The Federal Radio Commission and their stations were forced to share frequencies. The Wagner-Hatfield amendment would have given 25% of all radio broadcasting facilities to non-profit institutions and organizations. It would also have allowed these educational stations to sell advertising in order to become self-sufficient. Senator Clarence Dill , a pro-industry spokesman, opposed this amendment. It would have meant eliminating numerous commercial stations, but that

3680-581: The House on June 1, 1934, and the conference report was adopted by both houses eight days later. The Communications Act was signed by President Roosevelt in June 1934. Particular parts of it became effective July 1, 1934; the remaining parts on July 11, 1934. The Communications Act of 1934 followed the precedents of trial cases set under the Commerce Clause of the U.S. Constitution ( Article I , Section 8 , Clause 3), regulating commerce "among

3772-520: The ICC, and maximum prices were set to limit the damage that other states could face due to price discrimination. Communications technology was determined to be an interstate good. President Franklin Roosevelt, along with lobbyists and state regulators, wanted communications technology, both wired and wireless, to be monitored in a similar way and influenced Congress to pass the Communications Act of 1934. The goal

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3864-404: 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

3956-527: The Mass Media Bureau processes license applications and renewals. These divisions of administrative duties differentiate the FRC from the FCC. Amendments made to the Act in 1960, passed in the wake of the 1950s quiz show scandals , prohibited the presentation of scripted game shows under the guise of a legitimate contest. The Telecommunication Act 1996 and Communications Act of 1934 had two major changes:

4048-488: The Portals, the FCC had space in six buildings at and around 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 . In 1934, Congress passed the Communications Act , which abolished the Federal Radio Commission and transferred jurisdiction over radio licensing to

4140-484: 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

4232-419: The United States government that regulates communications by radio , television , wire, satellite , and cable across the United States. The FCC maintains jurisdiction over the areas of broadband access , fair competition , radio frequency use, media responsibility, public safety, and homeland security . The FCC was formed by the Communications Act of 1934 to replace the radio regulation functions of

4324-405: The United States. Congress also planned for the 5-member agency to become a quasi-judicial body which would only have to meet when necessary. Their jobs were to alleviate "noise" from the airwaves and they were given the power to license and regulate radio stations. The Federal Radio Commission's lack of regulatory action lead to the more permanent Federal Communications Commission. Much like the FRC,

4416-611: The act. The company CellAntenna unsuccessfully sued the FCC, claiming the Homeland Security Act of 2002 did override the Communications Act of 1934. The 1934 Communications Act prohibits local and state law enforcement from using jamming devices to thwart criminal and terrorist acts. CellAntenna lost its case, but as a response have supported legislation (The Safe Prisons Communications Act) sponsored by Senator Kay Bailey Hutchison and Representative Kevin Brady , attempting to amend

4508-416: The areas of Michigan and southeastern Wisconsin south of 43° 30' north latitude; the coastal strip of Maine ; the areas of New Hampshire and Vermont south of 45° north latitude; and the areas of western New York south of 43° 30' north latitude and eastern New York south of 45° north latitude. In addition, Zone I-A (FM only) consists of all of California south of 40° north latitude, Puerto Rico and

4600-422: 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." Consistent with

4692-572: The book value of AT&T by approximately 70%. 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,

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4784-513: The capital stock of a broadcast, common carrier, or radio station. In 2013 the FCC relaxed these rules. The Communications Act of 1934, as of 2021 , consists of seven major sections or "subchapters", as expressed in the US Code , Title 47 (Communications), Chapter 5 — Wire or Radio Communication: The act established a legal basis for regulating wired and wireless communications on a nationwide and worldwide basis. The Federal Communications Commission

4876-543: The case of AT&T. The FCC recognized AT&T as a " natural monopoly " during the 1930s in the Communications Act of 1934. Because of these effects, the FCC designed the Communications Act 1996 "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced information technologies and services to all Americans by opening all telecommunications markets to competition..." The Telecommunication Act of 1996 also added and changed some rules to account for

4968-444: The commission in 1934 comprised the following seven members: The complete list of commissioners is available on the FCC website. Frieda B. Hennock (D-NY) was the first female commissioner of the FCC in 1948. 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

5060-414: The conversion, Congress established a federally sponsored DTV Converter Box Coupon Program for two free converters per household. 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

5152-427: The designated VHF channels, 2 through 13, were inadequate for nationwide television service. As a result, the FCC stopped giving out construction permits for new licenses in October 1948, 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,

5244-545: The development of new technologies. In 1982, Congress produced a report recommending changes called "Proposals for Revision of the Communications Act of 1934: Telecommunications Issues". The Commerce Clause in Article I, Section 8 of the U.S. Constitution grants Congress the authority to regulate foreign and interstate commerce. By the early 20th century, radio transmission had become the most efficient way to facilitate communication about commerce and therefore, radio frequencies on

5336-535: The emerging internet. The FCC derives its jurisdiction to facilitate the deployment of broadband to Americans in Section 706 in the Telecommunications act of 1996. In this section the code states that the FCC is to "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans." They currently want to advocate the following objectives: One major amendment to

5428-421: 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

5520-413: The end of the next session of Congress following term expiration. 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. The FCC is organized into seven bureaus, each headed by

5612-486: 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

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5704-423: The fine ten times over the previous maximum of $ 32,500 per violation. 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. In

5796-598: The first post-Freeze construction permits. KFEL (now KWGN-TV )'s first regular telecast was on July 21, 1952. 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. The development of

5888-531: The flattest terrain) consists of all of Florida and the areas of Alabama , Georgia , Louisiana , Mississippi , and Texas within approximately 241.4 kilometers (150.0 mi) of the Gulf of Mexico . Zone II is all the rest of the Continental United States, Alaska and Hawaii . Federal Communications Commission The Federal Communications Commission ( FCC ) is an independent agency of

5980-535: The help of important legislators, these were the early building blocks that eventually evolved into the FCC. Secretary of Commerce Herbert Hoover played a large role regarding regulation because he issued the licenses which allocated the spectrum. Once radio broadcasting became popular, Hoover brought attention to the limited amount of frequency space the spectrum held. This problem made obtaining frequencies and airtime very difficult, as well as making "noise" on existing frequencies. Between 1923 and 1924, Hoover expanded

6072-435: The house floor with bi-partisan support, and unanimous support of the FCC. 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. Restrictions on ownership of television stations were also loosened. Public comments to

6164-446: 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. The FCC regulates interstate telephone services under Title II. The Telecommunications Act of 1996

6256-469: 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

6348-421: The markets for voice, video, and data services, as well as the availability of high-speed and high-quality telecommunications services" in the United States. It would also "require the FCC to determine whether laws and regulations pose a barrier to entry into communications markets and to include that information in the biennial report" and cancel a number of preexisting requirements for various other reports from

6440-486: The move was done to improve the FCC's "coordination across the federal government" and to "support the 21st-century satellite industry." The decision to establish the Space Bureau was reportedly done to improve the agency's capacity to regulate Satellite Internet access . The new bureau officially launched on April 11, 2023. The commissioners of the FCC are: The initial group of FCC commissioners after establishment of

6532-415: The national defense, for the purpose of promoting safety of life and property through the use of wire and radio communication, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is hereby created

6624-408: 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." Communications Act of 1934 The Communications Act of 1934

6716-495: The negative effects of media concentration and consolidation on racial-ethnic diversity in staffing and programming. At these Latino town hall meetings, the issue of the FCC's lax monitoring of obscene and pornographic material in Spanish-language radio and the lack of racial and national-origin diversity among Latino staff in Spanish-language television were other major themes. President Barack Obama appointed Mark Lloyd to

6808-470: The new act was less technologically biased and offered less regulation. This act determined the basis of media regulation by its contents, not a technological standard. Title V in Telecommunication Act of 1996, "Obscenity and Violence", is a good example of this; Title V set the standard for regulating media contents. The Communications Act of 1934 is argued by some to have created monopolies, such as

6900-482: 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

6992-513: The number of assigned frequencies to reduce the interference, but his quick fix failed, which, in turn, ended self-regulation of spectrum space. Congress then passed the Radio Act of 1927 to create the framework for regulating the rapidly-growing broadcast industry. President Calvin Coolidge was an important aspect of radio regulation by signing the Radio Act of 1927, which invested regulatory power to

7084-466: 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. They are: Closing the Digital Divide, Promoting Innovation, Protecting Consumers & Public Safety, and Reforming the FCC's Processes. The FCC is directed by five commissioners appointed by the president of the United States and confirmed by

7176-577: 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. 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. The 1981 inauguration of Ronald Reagan as President of

7268-466: The power of the FCC over indecent material as applied to broadcasting. 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 . Then on June 15, 2006, President George W. Bush signed into law

7360-524: The previous Federal Radio Commission . 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

7452-614: 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

7544-900: 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 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

7636-520: The several states". Twenty years earlier, in 1914, the U.S. Supreme Court had set limits on price discrimination that were effectively interstate commerce in Houston, East & West Texas Railway Co. v. United States . The railway was setting lower prices for intrastate carriers within Texas while charging more for carriers that were going through or out of the state. The Supreme Court ruled in favor of

7728-435: The station meets the "public interest, convenience, or necessity". The FCC's enforcement powers include fines and broadcast license revocation (see FCC MB Docket 04-232). Burden of proof would be on the complainant in a petition to deny. 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

7820-441: Was forced to divest all TV stations. 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

7912-430: Was founded because of the act; it replaced the Federal Radio Commission. Because of the act, the U.S. government could regulate new media technologies such as television and mobile phones. Moreover, the act permitted the regulation of commercial communication corporations such as private radio and television companies. Opponents in Congress argued that the act harmed the telecommunications industry, such as by delaying

8004-541: 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. 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

8096-454: Was needed to develop a better way of determining who got to use what radio bands and for what purposes. There were many factors and individuals that played a role in the creation of the FCC, but in the end, Congress created the agency. In section 605 of the act, the FCC was empowered by Congress to enforce wiretapping compliance. Academic Colin Agur argues that the Communications Act of 1934 "filled

8188-447: Was not grounds for refusing to license a competitor. (This FCC interpretation remained in place from 1940 to 1958.) The opinion of the Supreme Court was delivered by Felix Frankfurter . Justices Hugo Black and Wiley Blount Rutledge took no part in the discussion or decision. Justice Frank Murphy offered a dissenting opinion, stating that the Court was effectively giving the FCC a power to regulate networks which had not been given to

8280-463: 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. 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

8372-724: Was the first major overhaul of American telecommunications policy in nearly 62 years. The Communications Act of 1934 largely combined and reorganized existing provisions of law, including provisions of the Federal Radio Act of 1927 relating to radio licensing, and of the Mann-Elkins Act of 1910 relating to telephone service. In 1933, President Franklin D. Roosevelt asked Daniel C. Roper , Secretary of Commerce , to appoint an interdepartmental committee for studying electronic communications. The Committee reported that "the communications service, as far as congressional action

8464-469: Was to have telephone and broadcasting regulated with the same jurisdiction in a way similar to that in which the ICC regulates the railways and interstate commerce. The act did not, however, allow for price regulation through the FCC due to strong lobbying efforts from the National Association of Regulatory Utility Commissioners (NARUC). Currently there are some challenges and proposed changes to

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