MDS America, Inc ( MDSA ) is a wireless Internet and wireless cable TV technology provider based in Stuart, Florida , US. MDS America was the primary party responsible for the invalidation of Northpoint Technology Inc's patents having to do with extraterrestrial rebroadcast of satellite signals.
111-485: MDS Operations, an affiliated company, participated in recent auctions in 2005 and 2006 held by the Federal Communications Commission (FCC) of the frequency band of 12.2 - 12.7 GHz , which it christened " MVDDS ". The receiver of MDSA's system uses a technology that is patented under US patent number 7,286,795. The MVDDS system uses similar spectrum to a direct broadcast satellite (DBS) system, and
222-580: 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
333-590: 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,
444-557: A bit later the Columbia Broadcasting System ) (CBS) — that were in the process of dominating broadcasting, other than a statement in section 3 that "The Commission shall have the authority to make special regulations applicable to stations engaged in chain broadcasting". In early 1928 it became clear that the FRC needed more than a single year to perform its tasks, and its tenure was extended for an additional year. In December 1929
555-440: A check on the commission's power, "censorship" of station programming was not allowed, although extreme language was prohibited: "Sec. 29. Nothing in this Act shall be understood or construed to give the licensing authority the power of censorship over the radio communications or signals transmitted by any radio station, and no regulation or condition shall be promulgated or fixed by the licensing authority which shall interfere with
666-424: A fast-changing environment. To aid decision-making, he sponsored a series of four national conferences from 1922 to 1925, where invited industry leaders participated in setting standards for radio in general. During his tenure Hoover was aware that some of his actions were on shaky legal ground, given the limited powers assigned to him by the 1912 Act. In particular, in 1921 the department had tried to refuse to issue
777-432: 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
888-680: 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
999-706: A renewal license to a point-to-point radiotelegraph station in New York City, operated by the Intercity Radio Company, on the grounds that it was causing excessive interference to earlier radiotelegraph stations operating nearby. Intercity appealed, and in 1923 the Court of Appeals of the District of Columbia sided with Intercity, stating the 1912 Act did not provide for licensing decisions at "the discretion of an executive officer". The Department of Commerce planned to request
1110-544: A review by the Supreme Court, but the case was rendered moot when Intercity decided to shut down the New York City station. Still, it had raised significant questions about the extent of Hoover's authority. A secord, ultimately successful, challenge occurred in 1926. The Zenith Radio Corporation in late 1925 established a high-powered radio station, WJAZ , with a transmitter site outside Chicago, Illinois. After being informed that there might not be an available frequency for
1221-473: A schedule of just two hours per week, his tone soon changed. At this time the United States had an informal agreement with Canada that six designated AM band frequencies would be used exclusively by Canadian stations. In early January 1926, McDonald directed WJAZ to move from its 930 kHz assignment to 910 kHz, one of the restricted Canadian frequencies, and begin expanded hours of operation. Invoking
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#17330860605581332-471: A significant proportion of the country, instead of the maximum 200 km radius of an MDSA base station. However, since the MDSA signal can be sectorized, MDSA's bandwidth, unlike that of satellite, can be multiplied in most geographical areas. For video distribution, this means that local channels and local advertising can be injected into the signal, unlike with DBS satellite systems. MDS America Inc. (MDSA) built
1443-410: 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
1554-402: Is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station, and the licensing authority shall make rules and regulations to carry this provision into effect: Provided, That such licensee shall have no power of censorship over the material broadcast under
1665-474: Is an independent agency of 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
1776-403: Is capable of operating at the same frequencies without interference. The MDSA two-way system competes against satellite Internet access ; the shorter round trip distance of only a few hundred kilometers reduces the latency compared with a geostationary satellite's 44,000 mile 250ms latency. The MDSA system has the disadvantage of requiring infrastructure closer to the user - a satellite can cover
1887-540: 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
1998-585: Is not censorship." Denied this station, Brinkley moved his operations to a series of powerful Mexican outlets located on the U.S. border, which helped to lead to implementation of the North American Regional Broadcasting Agreement in 1941. KGEF was a broadcasting station first licensed in late 1926 to Trinity Methodist Church, South, in downtown Los Angeles. Its programming was dominated by long denunciations made by pastor Robert "Fighting Bob" Shuler , who stated that he operated
2109-579: Is sealed, the Contempt of court order is not and is publicly available. This Contempt order reveals that: 1. MDS international is required to state clearly on its website that it does not serve the United States." 2. "the Settlement Agreement that makes MDSA the sole owner of the rights to the HyCanC technology." Federal Communications Commission The Federal Communications Commission ( FCC )
2220-520: The Albuquerque area. This is the first ever business/residential service delivering 50 Mbit/s by wireless to an entire metropolitan area . MDS America has built and operates an MVDDS system in Albuquerque New Mexico. The system operates using MVDDS to cover an entire Metro area providing 50 Mbit/s of wireless Internet to the home. MDSA was sued by Northpoint Technology Ltd. , on
2331-686: 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
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#17330860605582442-473: The U.S. Court of Appeals denied his appeal, stating "This contention is without merit. There has been no attempt on the part of the commission to subject any part of appellant's broadcasting matter to scrutiny prior to its release. In considering the question whether the public interest, convenience, or necessity will be served by a renewal of appellant's license, the commission has merely exercised its undoubted right to take note of appellant's past conduct, which
2553-495: 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
2664-488: 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
2775-492: The 1927 Act included a general declaration about the need to equitably distribute station assignments, stating: "In considering applications for licenses and renewals of licenses, when and in so far as there is a demand for the same, the licensing authority shall make such a distribution of licenses, bands of frequency of wave lengths, periods of time for operation, and of power among the different States and communities as to give fair, efficient, and equitable radio service to each of
2886-457: 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
2997-731: 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
3108-401: The Court of Appeals of the District of Columbia ruled that restricting WGY's hours "was unreasonable and not in the public interest, convenience or necessity" The U.S. Supreme Court agreed to take the FRC's appeal, but following oral arguments declined to issue a ruling, after deciding that under current legislation it did not have oversight, thus allowing the lower court ruling to stand. KFKB
3219-522: 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
3330-584: 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
3441-437: 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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3552-545: 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
3663-403: 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
3774-459: 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
3885-510: 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
3996-612: The FRC decisions reviewed by the courts were upheld, however a notable exception involved WGY in Schenectady, New York, a long established high-powered station owned by General Electric. Under the November 11, 1928, reassignment plan, WGY was limited to daytime hours plus evening hours until sunset in Oakland, California, where KGO, transmitting on the same frequency, was located. Previously, WGY had operated with unlimited hours. On February 25, 1929,
4107-619: The FRC introduced the standard that, in order to receive a license, a radio station had to be shown to be "in the public interest, convenience, or necessity". Although radio communication (originally known as "wireless telegraphy") was developed in the late 1890s, it was largely unregulated in the United States until the passage of the Radio Act of 1912 . This law set up procedures for the Department of Commerce to license radio transmitters, which initially consisted primarily of maritime and amateur stations. The broadcasting of news and entertainment to
4218-729: The FRC issued General Order 32, which notified 164 stations that the initial review had found their justification for receiving a license insufficient, and they would have to attend a hearing in Washington, D.C. Moreover, "At this hearing, unless you can make an affirmative showing that public interest, convenience, or necessity will be served by the granting of your application, it will be finally denied." Many low-powered independent stations were eliminated, although eighty-one stations did survive, most with reduced power. Educational stations fared particularly poorly. They were usually required to share frequencies with commercial stations and operate during
4329-485: The FRC to crack down on "vulgar" language — for example the profanity-filled rants of William K. Henderson on KWKH in Shreveport, Louisiana. But it also led to First Amendment free speech disputes over the appropriateness of some FRC actions. A forerunner of the FCC's later " equal-time rule " required stations to give equal opportunities for political candidates: "Sec 18. If any licensee shall permit any person who
4440-454: The Government, through agencies established by Congress, may not refuse a renewal license to one who has abused it to broadcast defamatory and untrue matter. In that case there is not a denial of the freedom of speech but merely the application of the regulatory power of Congress in a field within the scope of its legislative authority". The court also ruled that denying license renewal as not in
4551-578: The Intercity Radio Company case rulings, Zenith ignored the Commerce Department's order to return WJAZ to its assigned frequency. On January 20, 1926, a federal court suit, United States versus Zenith Radio Corporation and E. F. McDonald , was filed in Chicago. McDonald expected a narrow ruling in his favor, claiming that only a small number of stations, including WJAZ, held the "Class D Developmental" licenses that were free from normal restrictions. However,
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4662-455: 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
4773-554: 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
4884-484: 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
4995-516: The United States by the end of the year. The number of reserved transmitting frequencies also expanded, and by 1925, the "broadcast band" consisted of the frequencies from 550 kHz to 1500 kHz, in ten kHz steps. Herbert Hoover became the Secretary of Commerce in March 1921, and thus assumed primary responsibility for shaping radio broadcasting during its earliest days, which was a difficult task in
5106-420: The absence of federal regulation, stations were taking their individual disputes to the courts, which began to render decisions favoring incumbent stations. This effectively was granting established stations "property rights" in the use of their assignments, which the government wanted to avoid, because it generally considered the radio spectrum to be a public resource. Despite the recognition that new legislation
5217-429: The actual outcome was sweeping. On April 16, 1926, Judge James H. Wilkerson 's ruling stated that, under the 1912 Act, the Commerce Department in fact could not limit the number of broadcasting licenses issued, or designate station frequencies. The government reviewed whether to try to appeal this decision, but Acting Attorney General William J. Donovan's analysis concurred with the court's decision. The immediate result
5328-476: The average listener is difficult to judge, but the term "chaos" started to appear in discussions. Prior to the early 1926 adverse ruling on the Commerce Department's regulatory authority, there had been numerous efforts in the U.S. Congress to replace the Radio Act of 1912 with a more comprehensive bill, but none of these efforts made much headway. The need for new legislation gained additional importance because, in
5439-422: 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
5550-572: 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,
5661-438: The commission had to monitor whether in heavily populated areas a decision would cause a zone or state to exceed its calculated quota. In cases where two or more stations shared a common frequency on a timesharing basis, a station could petition the FRC to have its hours of operation increased by having the other stations deleted. A prominent example under the FRC's jurisdiction occurred when a Gary, Indiana station, WJKS, proposed
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#17330860605585772-444: 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
5883-513: The commission's mandate was extended indefinitely. The FRC's regulatory activities, and the public's knowledge of its work, primarily focused on broadcasting stations. However, in 1932, in addition to 625 broadcasting stations, the commission oversaw numerous other station classifications, including approximately thirty thousand amateur radio stations, two thousand ship stations, and one thousand fixed-point land stations. On February 25, 1928, Charles Jenkins Laboratories of Washington, DC , became
5994-443: The control of the United States over all the channels of interstate and foreign radio transmission; and to provide for the use of such channels, but not the ownership thereof, by individuals, firms, or corporations, for limited periods of time, under licenses granted by Federal authority, and no such license shall be construed to create any right, beyond the terms, conditions, and periods of the license." Some technical duties remained
6105-414: 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
6216-541: The daytime, which was considered of limited value for adult education. With the roster of stations now reduced to a somewhat more manageable level, the FRC next embarked on a major reorganization of broadcasting station frequency assignments. On August 30, 1928, the Commission issued General Order 40, which defined a "broadcast band" consisting of 96 frequencies from 550 to 1500 kHz. Six frequencies were restricted for exclusive use Canadian stations, leaving 90 available for
6327-476: The deletion of its two timeshare partners, WIBO and WPCC, both located in Chicago, Illinois. A major justification was that Indiana was currently under-quota based on the Davis Amendment provisions, while Illinois had exceeded its allocation. The commission ruled in favor of WJKS, however the Court of Appeals of the District of Columbia reversed the decision, calling it "arbitrary and capricious". The FRC appealed
6438-427: 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,
6549-421: 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
6660-413: 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
6771-486: 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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#17330860605586882-423: 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
6993-526: The first Terrestrial Digital Television distribution system in Ireland . As well MDS America has built the largest MVDDS systems in the world, including the 700 channel capacity system in the United Arab Emirates . In 2011 MDS America built the first commercial wide-area MVDDS system in the United States, in Albuquerque New Mexico.This system can provide up to 50 Mbit/s service to homes and businesses in
7104-598: The first holder of a television license. The most critical issue the FRC faced at the time of its creation was an excess of broadcasting stations, which now numbered 732, all on the AM band. (The FM broadcast band would not be created until 1941). There were some significant technical restraints on the number of stations that could operate simultaneously. At night, a change in the ionosphere allows radio signals, especially from more powerful stations, to travel hundreds of kilometers. In addition, at this time transmitter frequency stability
7215-477: The first meeting of the commission created by this Act, all the powers and authority vested in the commission under the terms of this Act, except as to the revocation of licenses, shall be vested in and exercised by the Secretary of Commerce; except that thereafter the commission shall have power and jurisdiction to act upon and determine any and all matters brought before it under the terms of this section." Acting as
7326-598: 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
7437-511: The general public, which began to be developed early 1920s, was not foreseen by this legislation. The first Commerce Department regulations specifically addressing broadcasting were adopted on December 1, 1921, when two wavelengths were set aside for stations making broadcasts intended for a general audience: 360 meters (833 kHz) for "entertainment", and 485 meters (619 kHz) for "market and weather reports". The number of broadcasting stations grew tremendously in 1922, numbering over 500 in
7548-443: The granting thereof was in the public interest ; that the programs broadcast by its principal speaker were sensational rather than instructive and in two instances he had been convicted of attempting over the radio to obstruct orderly administration of public justice". The Court of Appeals of the District of Columbia affirmed the Commission's decision and held that, despite First Amendment protections: "...this does not mean that
7659-574: The grounds of patent infringement (US Patents #5,761,605 and #6,169,878.) MDSA contended that the patents that Northpoint had been granted were invalid since the patents essentially covered attributes of a satellite dish and Northpoint had not invented satellite dishes. In 2004, a jury in Federal Court in Ft. Pierce, Florida invalidated both asserted Northpoint patents on four separate grounds. This court case and subsequent invalidation of Northpoint's patents opened
7770-510: The grounds that it should have been given a full-time authorization, but lost. Even though the station was government owned, the Federal Radio Commission said that city ownership did not give the station any special standing under the "public interest, convenience, and necessity" standard. However, the case was viewed as representative of the preferences given to commercial interests above those of non-commercial stations. Section 9 of
7881-435: 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
7992-446: 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
8103-518: 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
8214-427: The limitations of the 1912 act, the FRC was given the power to grant and deny licenses, assign station frequencies and power levels, and issue fines for violations. The opening paragraph of the Radio Act of 1927 summarized its objectives as: "...this Act is intended to regulate all forms of interstate and foreign radio transmissions and communications within the United States, its Territories and possessions; to maintain
8325-525: The lower court decision to the Supreme Court, stating that the issue impacted 116 separate cases pending before it. A unanimous Supreme Court overturned the District Court, and ruled in FRC's favor, upholding the validity of the Davis Amendment provisions. WIBO made a final attempt to convince the FRC that the expression of strong ties to Indiana by WJKS was fraudulent, and WJKS's owners were really attempting to establish another Chicago station. This appeal
8436-486: 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
8547-413: 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." Federal Radio Commission The Federal Radio Commission ( FRC )
8658-495: 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
8769-482: 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
8880-466: 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
8991-577: 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
9102-466: 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
9213-507: The provisions of this paragraph. No obligation is hereby imposed upon any licensee to allow the use of its station by any such candidate." The Radio Act of 1927 did not authorize the Federal Radio Commission to make any rules regulating advertising , although section 19 required advertisers to properly identify themselves. There was almost no mention of the radio networks — notably the National Broadcasting Company (NBC) and,
9324-473: The public interest did not violate the Fifth Amendment's prohibition of "taking of property" without due process of law. This ruling became final after a petition for writ of certiorari requesting review by United States Supreme Court was denied. Under the November 11, 1928, reorganization, WNYC , the municipal station of New York City, was given a half-time, low-power assignment. The station appealed on
9435-630: The radio regulation functions of 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
9546-473: 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
9657-519: The responsibility of the Radio Division of the Department of Commerce, and because Congress failed to provide funding for a staff, during the FRC's first year the commission was heavily dependent on support from Commerce personnel. Moreover, most of the FRC's work was expected to be completed within one year, and the original intention was that a majority of its functions would then revert to the Secretary of Commerce: "Sec 5. From and after one year after
9768-454: The right of free speech by means of radio communications. No person within the jurisdiction of the United States shall utter any obscene, indecent, or profane language by means of radio communication." However, the "public interest, convenience, or necessity" standard allowed the Commission to take into consideration program content when renewing licenses, and the ability to take away a license provided some degree of content control. This allowed
9879-670: The same." The 1928 reauthorization strengthened this mandate, by including a provision, known as the " Davis Amendment " after its sponsor Representative Ewin L. Davis (D-Tennessee), that required "a fair and equitable allocation of licenses, wave lengths, time for operation, and station power to each of the States, the District of Columbia, the Territories and possessions of the United States within each zone, according to population". This resulted in an additional degree of complexity, for in addition to stations being judged on their individual merits,
9990-900: 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
10101-409: The slightly fewer than 600 U.S. stations. The new assignments went into effect on November 11, 1928. Forty of the available frequencies were reserved for high-powered "clear channel" stations, which in most cases had only a single station with an exclusive nationwide assignment. Although generally accepted as being successful on a technical level of reducing interference and improving reception, there
10212-433: The standard of transmitting on frequencies evenly divided by 10 kHz. The FRC conducted a review and census of the existing stations, then notified them that if they wished to remain on the air they had to file a formal license application by January 15, 1928, as the first step in determining whether they met the new "public interest, convenience, or necessity" standard. After reviewing the applications, on May 25, 1928,
10323-456: The station in order to "make it hard for the bad man to do wrong in the community", but his strident broadcasts soon became very controversial. After a 1931 evaluation of the station's renewal application, chief examiner Ellis A. Yost expressed misgivings about Shuler's "extremely indiscreet" broadcasts, but recommended approval. However, a review by the Commission concluded that the station should be deleted, because it "...could not determine that
10434-435: 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
10545-466: The station to use, company president E. F. McDonald proposed that, because they only wanted to broadcast two hours a week, they would be happy with an assignment on 930 kHz that was limited to 10:00 p.m. to midnight Central time on Thursday nights, when the only other station on the frequency, KOA in Denver, Colorado, was normally off the air. Despite McDonald's initial expression of satisfaction with
10656-401: The station was primarily being run as "a mere adjunct of a particular business". (In one of Brinkley's programs he read listener mail describing medical issues, then recommended medication of dubious value, identified by numbers, over the air. Listeners had to visit a Brinkley "kick back" pharmacy to purchase these items.) Brinkley appealed on the grounds that this was prohibited censorship, but
10767-532: The way for the auctioning of MVDDS spectrum. The above case was appealed to the United States Court of Appeals for the Federal Circuit. On June 28, 2005, the court AFFIRMED the findings of the lower court permanently invalidating both patents. Shortly after this MDSA's subsidiary company MDS International are found to be in contempt of court for violation of a settlement agreement. Although the agreement
10878-442: Was a government agency that regulated United States radio communication from its creation in 1927 until 1934, when it was succeeded by the Federal Communications Commission (FCC) . The FRC was established by the Radio Act of 1927 , which replaced the Radio Act of 1912 after the earlier law was found to lack sufficient oversight provisions, especially for regulating broadcasting stations. In addition to increased regulatory powers,
10989-401: Was a popular Milford, Kansas broadcasting station, licensed to an organization controlled by John R. Brinkley, known as "The Goat Gland Doctor" due to his promotion of "sexual rejuvenation" surgery that included implantation of slivers of goat testes. In 1930 the Federal Radio Commission denied his request for renewal, primarily on the grounds that, instead of being operated as a public service,
11100-475: Was also a perception that large companies and their stations had received the best assignments. Commissioner Ira E. Robinson publicly dissented, stating that: "Having opposed and voted against the plan and the allocations made thereunder, I deem it unethical and improper to take part in hearings for the modification of same". Some later economic analysis has concluded that the early radio regulation policies reflected regulatory capture and rent-seeking . Most of
11211-480: Was brought to the Senate floor on January 28, 1927, and, as a compromise, specified that a five member commission would be given the power to reorganize radio regulation, but most of its duties would end after one year. After a month of debates this bill was passed on February 18, 1927, as the Radio Act of 1927, and signed into law by President Calvin Coolidge on February 23, 1927. The Commission's organizational meeting
11322-402: Was deferred, so they initially participated without pay. In October 1927 Dillon died and Bellows resigned. During the next month Bullard died, and Harold Lafount and Sam Pickard were appointed. It was not until March 1928, after Caldwell was approved by a one vote margin and Ira E. Robinson was appointed as chairman, that all five commissioner posts were filled with confirmed members. To rectify
11433-441: 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
11544-711: Was held on March 15. The Radio Act of 1927 subdivided the country into five geographical zones, and specified that one commissioner would be appointed who resided within each zone. Terms were initially for up to six years, although this was later reduced to one year, and no more than three commissioners could be members of the same political party. The FRC's commissioners, by zone, from 1927 to 1934 were: The five initial appointments, made by President Coolidge on March 2, 1927, were: Admiral William H. G. Bullard as chairman, Colonel John F. Dillon, Eugene O. Sykes, Henry A. Bellows, and Orestes H. Caldwell. Bullard, Dillon and Sykes were confirmed on March 4, but action on Bellows and Caldwell
11655-541: 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
11766-501: Was limiting the number of stations operating concurrently, which meant restricting some stations to daytime-only operation, and in many cases requiring time-sharing, where up to four stations in a given region had to divide up the hours each used on a single frequency. On May 3, 1927, the FRC made the first of a series of temporary frequency assignments, which served to reassign the stations operating on Canadian frequencies, and also eliminate "split-frequency" operations that fell outside of
11877-559: Was needed, there was a lack of consensus whether it should increase the authority of the Secretary of Commerce, which opponents argued would create a too-powerful "Radio Czar", or if an independent regulatory body was needed, which some disputed was unneeded and overly expansive. The legislation ultimately passed was known as the Dill-White Bill, which was proposed and sponsored by Senator Clarence Dill (D-Washington) and Representative Wallace H. White Jr. (R-Maine) on December 21, 1926. It
11988-446: Was often limited, which meant that stations broadcasting on nominally the same frequency often were actually slightly offset from each other, which produced piercing high-pitched "heterodyne" interference at even greater distances than the mixing of their audio. Another tool that was not yet available was directional antennas that could restrict signals to specified directions. Overall, the main tools available for insuring quality reception
12099-425: Was that, until Congress passed new legislation, the Commerce Department could not limit the number of new broadcasting stations, which were now free to operate on any frequency and use any power they wished. Many stations showed restraint, while others took the opportunity to increase powers and move to new frequencies (derisively called "wave jumping"). The extent to which this new environment resulted in disruption for
12210-463: 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
12321-453: Was unsuccessful, and both WIBO and WPCC had to cease broadcasting. In 1934 the Davis Amendment provisions were carried over to the FCC, but they were repealed on June 5, 1936. In 1944 WJKS, after changing its call letters to WIND , moved from Gary to Chicago. The Communications Act of 1934 abolished the Federal Radio Commission and transferred jurisdiction over radio licensing to the new Federal Communications Commission (FCC). Title III of
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