FEDERAL
COMMUNICATIONS
COMMISSION
By: Alaina Williams

Communication has been an essential component of everyday procedures for decades. In the early 1800’s, the inventions of the telegraph and telephone were the only means of connecting to outside sources. With years of research came complex theories, advanced technologies, and additional methods of communication. What started out as a flawed system used by few resulted in a global network used by millions. With a network of such immensity, regulation was not only necessary but also inevitable. The Federal Communications Commission (FCC) was established specifically for this purpose. To successfully regulate a large structure, such as the communications networks, requires a great deal of authority. Although the FCC has obtained numerous achievements, like any regulation committee, there are several critics.

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The History

In the early 1900’s, the Federal Radio Commission (FRC) regulated the entire radio industry of the United States. Unfortunately, the regulation tactics imposed by this committee caused too many debates for the government to simply overlook. In 1934, Congress passed the Communications Act that abolished the FRC, delegating the duties over to the newly formed Federal Communications Commission (FCC). It was designed as an independent government agency with Congress providing its authority. Unlike the FRC, the FCC was authorized jurisdiction over not only radios, but telephone, telegraph, and television communications as well. Since its inception, the Communications Act has been subjected to several amendments and provisions expanding the jurisdiction of the FCC while still preserving the rights of individuals.

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The Purpose

Broadband | "All Americans should have affordable access to robust and reliable broadband products and services. Regulatory policies must promote technological neutrality, competition, investment, and innovation to ensure that broadband service providers have sufficient incentives to develop and offer such products and services." | Competition | "Competition in the provision of communication services, both domestically and overseas, supports the Nation's economy. The competitive framework for communications services should foster innovation and offer consumers reliable, meaningful choice in affordable services." | Spectrum | "Efficient and effective use of non-federal spectrum domestically and internationally promotes the growth and rapid development of innovative and efficient communication technologies and services." | Media | "The Nation's media regulations must promote competition and diversity and facilitate the transition to digital modes of delivery" | Public Safety & Homeland Security | "Communications during emergencies and crisis must be available for public safety, health, defense, and emergency personnel, as well as all consumers in need. The Nation's critical communications infrastructure must be reliable, interoperable, redundant, and rapidly restorable." | Modernize | "The Commission shall strive to be highly productive, adaptive, and innovative organization that maximizes the benefits to stakeholders, staff, and management from effective systems, processes, resources, and organizational culture." |

Figure 1 The Six Goals of the FCC The expanding communications industry grew to be so large that regulation had to be delegated to an agency with enough authority and efficiency to be successful. The main purpose of the Federal Communications Commission is to regulate interstate communications in the forms of television, wire, radio, satellite, and cable in the United States and it’s territories. The members of the FCC collaborate in setting goals in six core areas: broadband, competition, the spectrum, the media, public safety and homeland security, and modernizing. Figure 1 discusses in detail the missions for each area. Since 1996, it has been the FCC’s mission to “make available so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, rapid, efficient, Nation-wide, and world-wide wire and radio communication services with adequate facilities at reasonable charges." The FCC’s responsibilities extend over a wide range of activities, and benefit all of those whom engage in these activities.

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The Functions

As previously mentioned, the communications network is extensive, and with the expansions that occur every year, regulation is inescapable. The Federal Communications Commission has legislative rule granted by Congress. The FCC has numerous functions, which are implemented by specific divisions of the commission. The first function is simply to inform and educate consumers about telecommunications, the goods and services involved, and the rules and regulations that must be followed. Consumers can include anyone from the average household member to the men and women running large corporate companies. Another function is preserving and implementing the regulations already set forth by the commission. This function is arguably one of the most important, in that the commission would be useless without some type of enforcement. The major function is the regulations it imposes regarding radio, television, wire (such as telephones), satellite, and cable services. This is what he FCC is most commonly known for. It is also responsible for representing the US Commission in international matters regarding telecommunications and satellite activity, and offering advice on issues concerning these policies. The FCC also oversees law hearing and legal matters pertaining to affairs in relation to communications.
Of course, these are just a few of the many functions and responsibilities of the FCC. The commission has several divisions, which are strictly responsible for their own set of tasks and duties. With the communications field growing at a speedy rate, the functions involved in the commission are sure to expand as well.

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Organizational Chart

Figure 2 The Five Commissioners of the FCC Like any administrative agency, there must a specified structure, and a division of labor within that structure. The individuals whom hold the highest position within the FCC are the commissioners. There are a total of five men and women that are appointed by the President of the United States and confirmed by the Senate. Only three out of the five commissioners may be of the same political party, and zero of them may have any financial interest in any commission-related business. Commissioners serve for five-year terms, unless they are fulfilling the remainder of another commissioner’s term. Figure 2 shows a photo of the five commissioners taken in October of 2009, from left to right: Commissioner Mignon Clyburn, Commissioner Michael J. Copps, Chairman Julius Genachowski, Commissioner Robert M. McDowell, and Commissioner Meredith Attwell Baker. The rest of the agency is divided into seven bureaus and ten offices based on their specific functions. Figure 3 gives detailed descriptions of each individual bureau and office. Consumer & Governmental Affairs Bureau | Educates and informs consumers about telecommunications, the goods and services involved, and utilizes the input gathered from these consumers to guide the Commission’s work | Enforcement Bureau | Enforces the Commission’s rules and regulations, as well as the Communications Act | International Bureau | Represents the Commission in satellite and international matters | Media Bureau | Regulates radio and television broadcast stations and television and satellite services | Wireless Telecommunications | Oversees cellular and PCS phones, pagers, two-way radios, and the use of radio spectrums | Public Safety & Homeland Security Bureau | Addresses public safety, homeland security, national security, emergency management, disaster management, and other related issues | Wireline Competition | Responsible for the rules and policies concerning telephone companies that provide services through the use of wire-based transmission facilities | Office of Communications Business Opportunities | Gives advice to the Commission based on issues regarding small businesses and minority and women-owned communications businesses | Office of Engineering & Technology | Allocates spectrum for non-Government use and offers advice to the Commission about technical issues | Office of the General Counsel | Serves as chief legal advisor to the Commission’s bureaus and offices | Office of Inspector General | Conducts and supervises audits and investigations relating to the Commission | Office of Legislative Affairs | Contacts Congress when needed | Office of the Managing Director | The chief operating official, serving under the Chairman | Office of Media Relations | Informs the media about the decisions of the FCC | Office of Strategic Planning & Policy Analysis | Work with all levels of the Commission to develop strategies | Office of Work Place Diversity | Advises the Commission on issues related to workforce diversity, affirmative action and equal employment opportunity | Office of Administrative Law Judges | Presides over hearing and issues initial decisions |
Figure 3 The Functions of the FCC’s Bureaus and Offices

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Accomplishments

The Federal Communication Committee has been commended on numerous occasions for their efforts in censorship. The American Family Association has applauded the FCC on their ability to monitor the broadcasted material, making it appropriate for the audiences that it targets. Parents have been grateful for the services that the FCC provides, in that it keeps the young audiences of America from distasteful entertainment in the radio and television industries. In May of 2009, the FCC was recognized for its accomplishments regarding historic preservation. The Award for Federal Achievement in Historic Preservation recognized the FCC for its exceptional success in implementing Section 106 of the National Historic Preservation Act. This Act demands that federal agencies take into account the effects the effects that their operations have on historic resources. The FCC was honored not only for it’s ability to abide by this Act, but also in doing so in an innovative approach.

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Criticisms

Although the FCC has been praised for their excellent achievements, there are also critics whom disapprove of the power it exercises. The most common criticism that the Federal Communication Committee faces is the battle between censoring what is believed to be “patently offensive” and what is simply freedom of speech. The FCC has certain indecency policies, which prohibit the broadcasting of vulgarity as well as profanity. The area of debate lies in which content should be considered vulgar and profane, and which should not. Legal cases regarding indecency on public airwaves have been going on for years. Every time a station airs any type of “indecent” material on public airwaves, the FCC steps in and attempts to assign fines. The courts haven’t been reluctant to rule in favor of the television and radio stations, however. In several cases, judges ruled that the First Amendment prevailed and for the FCC to note their limitations on what it can and cannot do. Due to the various cases, the FCC has been labeled by the media as overpowering and unconstitutional. The second major criticism that the FCC faces is due to it’s relentless regulation changes. With changes in policies and regulations occurring so frequently, it causes concern for those companies that could be affected by them. Lawsuits have been filed by the FCC stating illicit activities, where the defendants claiming they weren’t aware of the new laws. In the FCC vs. Eminem battle, where the Commission fined a radio station for playing an edited version of the rap artist’s song, the programming director of the radio station released the following statement: “Part of the problem is that FCC regulations have changed frequently in the past 10 years, leaving myself and other programming directors guessing.” Such lawsuits not only cause issues for the companies, but it also discredits the FCC. When consumers consistently hear about the proceedings and firms persist to be unfairly fined, this results in a negative attitude towards the Commission.
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Personal Critique

From the research that I’ve conducted based on the Federal Communication Committee, I believe that this valuable agency has room for improvement. One improvement I would suggest is to increase activity in the Consumer and Governmental Affairs Bureau, decrease the activity in the Enforcement Bureau, or perhaps a combination of both. The persistent changes in regulations seem to be causes of concern for many consumers. If regulation changes are unavoidable, then I believe it is the Commission’s duty to at least properly inform the consumers of the new policies. If everyone were aware of the recent modifications, then it would be one less argument against the FCC.

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[ 1 ]. Federal Communications Commission. “Summary of Performance and Financial Results.” Fiscal Year 2009. (2009): 11-12. Web. 27 April, 2012
[ 2 ]. “Federal Communications Committee (FCC),” 2010, Rata Associates, 27 April 2012
[ 3 ]. Nadeem Unuth, “The Federal Communications Commission,” 2009, About.com, 17 April, 2012 < http://voip.about.com/od/legalissues/p/TheFCC.htm>
[ 4 ]. “About the FCC,” 2011, Federal Communications Commission, 19 April, 2012
[ 5 ]. “GOP Moves to Defund FCC Net Neutrality Regs While Commissioners Grilled By House Panel,” 2011, All Access, 19 April, 2012 < http://www.allaccess.com/net-news/archive/story/87419/gop-moves-to-defund-fcc-net-neutrality-regs-while->
[ 6 ]. “Organizational Charts of the FCC,” 2011, The Federal Communications Committee, 19 April, 2012
[ 7 ]. Advisory Council on Historic Preservation. “FCC, NEH Recognized for Exemplary Historic Preservation Accomplishments.” Preserving America’s Heritage. (2009): 1-2. Web. 17 April, 2012
[ 8 ]. Mike Masnick, “Court Says FCC’s Indecency Policies Violate the First Amendment,” 2010, Tech Dirt, 17 April, 2012
[ 9 ]. Eric Schumacher-Rasmussen, “Eminem’s ‘The Real Slim Shady’ (Clean Version) Not Clean Enough for FCC,” 2001, MTV, 19 April, 2012