The FCC

Have you ever wondered who you could complain to if you were offended by an indecent program aired on cable television? Or how to get those pesky junk faxes to stop? Are telemarketers ignoring your request to be added to a Do-Not-Call list? Maybe you’ve asked yourself “Who decides if the discussion on my favorite radio show is appropriate for my children to listen to?” These are just a few of the issues handled by the FCC.
The Federal Communications Commission (FCC) is an independent United States government agency that regulates interstate and international communications including radio, television, wire, satellite and cable. (About the FCC) They are responsible to Congress for the enforcement of laws and regulation of media ownership; including the broadcast stations and newspapers. The commission was created with the Communications Act of 1934 as recommended by President Franklin D. Roosevelt. This Act serves as the policy for the FCC and bans it from censoring broadcast material. The Communication Act was later amended by the Telecommunications Act of 1996. The Act states, 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 the national defense, 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 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 (www.criminalgovernment.com ).
The five appointed commissioners that head the FCC have no financial interest in any Commission-related business. They are Julius Genachowski, Michael Copps, Robert M. McDowell, Mignon Clyburn and Meredith Attwell Baker. These Commissioners are appointed by the President and approved by Congress. They are at the top of the FCC organizational chart. They are followed by eight Bureaus. The Bureaus’ responsibilities include: processing applications for licenses and other filings; analyzing complaints; conducting investigations; developing and implementing regulatory programs; and taking part in hearings. Our Offices provide support services. Even though the Bureaus and Offices have their individual functions, they regularly join forces and share expertise in addressing Commission issues. (About the FCC) The Bureaus are; * Consumer & Governmental Affairs Bureau - educates and informs consumers about telecommunications goods and services and engages their input to help guide the work of the Commission. CGB coordinates telecommunications policy efforts with industry and with other governmental agencies — federal, tribal, state and local — in serving the public interest. * Enforcement Bureau - enforces the Communications Act, as well as the Commission’s rules, orders and authorizations. * International Bureau - represents the Commission in satellite and international matters. * Media Bureau - regulates AM, FM radio and television broadcast stations, as well as cable television and satellite services. * Wireless Telecommunications - oversees cellular and PCS phones, pagers and two-way radios. This Bureau also regulates the use of radio spectrum to fulfill the communications needs of businesses, aircraft and ship operators, and individuals. * Public Safety & Homeland Security Bureau - addresses public safety, homeland security, national security, emergency management and preparedness, disaster management, and other related issues. * Wire line Competition Bureau - responsible for rules and policies concerning telephone companies that provide interstate and under certain circumstances intrastate, telecommunications services to the public through the use of wire-based transmission facilities (i.e., corded/cordless telephones).
The offices that provide service to the Bureaus are; * Office of Administrative Law Judges - presides over hearings, and issues Initial Decisions. * Office of Communications Business Opportunities - provides advice to the Commission on issues and policies concerning opportunities for ownership by small, minority and women-owned communications businesses. * Office of Engineering And Technology - allocates spectrum for non-Government use and provides expert advice on technical issues before the Commission. * Office of The General Counsel - serves as chief legal advisor to the Commission's various Bureaus and Offices. * Office of Inspector General - conducts and supervises audits and investigations relating to the operations of the Commission. * Office of Legislative Affairs - is the Commission’s main point of contact with Congress. * Office of The Managing Director - functions as a chief operating official, serving under the direction and supervision of the Chairman. * Office of Media Relations - informs the news media of FCC decisions and serves as the Commission‘s main point of contact with the media. * Office of Strategic Planning & Policy Analysis - works with the Chairman, Commissioners, Bureaus and Offices to develop strategic plans identifying policy objectives for the agency. * Office of Work Place Diversity - advises the Commission on all issues related to workforce diversity, affirmative recruitment and equal employment opportunity. (About the FCC)

The FCC replaced the Federal Radio Commission in 1934. Both the FRC and the FCC actions have been the center of a lot of controversy. Some people see their rules on indecency prohibitions as violations to the First Amendment fundamental rights. Over regulating can deny the media of freedom of speech, but proper regulation is desirable. The FCC works to provided regulations that walk this fine line. Unfortunately the FCC has also been known to freely change its policies. For instance, in 1987, the Commission removed a fairness doctrine that had required all broadcasters to air opposing viewpoints on controversial issues. This doctrine is not to be confused with the ‘equal time’ policy-that requires broadcasters to allow equal time slots to members of opposing political parties. That is, if the opposing parties request it. There has been talk of reinstating the fairness doctrine. Both conservatives and liberals have agreed that this doctrine violated the Constitution. President Obama has agreed that any talk of reinstating the Fairness Doctrine is a distraction from more pressing issues. Such as ownership caps and the expansion of public interest in public broadcasting, net neutrality, and minority ownership. Six massive corporations dominate media ownership. A short thirty years ago there were 50 companies. These giants are General Electric, Walt Disney, News Corp, Time Warner, Viacom and CBS. I wonder if we have created these monsters by expecting our favorite entertainment to be available everywhere. On television, newspapers, computers, smart phones, the big screen. Has our demand fueled the supply of these power houses? Through mergers and take overs these corporations have advanced themselves to the point of controlling almost everything that we read, hear or see. And most recently with the merger of Comcast and Universal, NBCUniversal- also how we receive media. Michael Copps was the only commissioner to stand up against the merger of Comcast and NBC Universal. (Stopthecap.com)
Minority ownership of media is a concern yet the FCC continually relaxes its ownership rules. The Newspaper-Broadcast ban incited in 1975, bars a single company from owning both a newspaper and broadcast station in the same market. It doesn’t standardize cross ownerships of companies. As media outlets have vastly increased so has the need for variety in ownership. Less diversity of news sources means less diversity of opinions. Mass market media places advertising over public interest. It could suppress stories that do not reconfirm their interests. Media owners influence what is heard, and who says it. They of course control who they hire, and what they broadcast. It seems the FCC has chosen not to enforce policies that would prevent a monopolization of the media. The Internet has given otherwise disadvantaged people opportunities in social, cultural and political arenas. Could it also be the open door for minorities in media ownership?
Free press is a pleasure and necessity of our democracy- which relies on a viable press system. Public media as NPR and PBS are also essential to maintain a public interest driven media. The fear is that commercial would push public media out and leave us with political driven media rather than a free market of ideas. Stabilizing funding for public media is a start. It has been suggested that all the monies received by the FCC fines should go towards funding of public media sources. The structure of the Corporation for Public Broadcasting could also us some change.
Other controversies focus on the need, or lack thereof, of radio broadcast and television regulations. Violators of the FCC polices are issued monetary penalties and may have their licenses revoked. They might also not be allowed to renew their required broadcasting licenses. It has been argued that the “indecent” content banned on television or radio can simply be found on the internet or somewhere else. So where are the boundaries? Who deems the expressions indecent? The market may be capable of regulating itself, but there have been some government interventions. The CTA, Children’s Television Act was introduced in 1990. It requires the FCC to regulate broadcasters. Offensive speech, although protected by the First Amendment, can only be aired during hours when the risk of exposing children to obscenities is low. Likewise the controversial CDA fined anyone who had posted indecent material on the Internet where a child could read it up to $250,000. It was ruled unconstitutional on 12 June 1996. (Howe) The FCC also seems to be inconsistent when it comes to whom and why they fine offenders of its vague policies. Perhaps this is because it is nearly impossible to find a middle ground between protecting consumers and ensuring their rights are upheld.
A continuing hot topic engulfing the Commission is “Net Neutrality “an attempt to make all Internet traffic equal. The enforcement of Net Neutrality dates back to 2005 when the FCC issued the Internet Policy Statement. The concept itself stems from the era of the telegraph. The four principles of this neutral internet developed by the FCC would allow all consumer access to any lawful internet, run applications, and connect legal devices of their choice. It would also entitle market driven network, service and content providers. Now, the new director of the Federal Communications Commission Julius Genachowski, reflecting the commitment of the new administration intends to add two more: To prevent discrimination by type of content. Also, providers must be transparent about its network management policy. However, in line with the demand for cultural industries these two new principles only apply when they do not interfere with copyright or illegal activities. (Mukherjii) The internet was always intended to be open. Requiring providers to disclose how much broadband and at what speed it is received, in my opinion, would help in maintaining a competitive market. The internet has been known as the greatest engine of economic growth, and should be allowed to remain as such. In order for that to be possible we must help to keep the telephone and cable companies ‘honest’ and not tempt them into destroying the free market for their own profits. However; we should still allow reasonable management options for service providers that are experiencing congestion. The internet isn’t broken, and therefore shouldn’t be fixed. What’s lacking is a global consensus on freedom of expression.
FCC rules and policies are outdated for our current communication systems. The Internet has taken over with force, in years not decades, thanks to its openness. Broadband and other telecommunication technologies before it, appear to be running circles around the FCC as they ‘discuss’ hypothetical situations in which we might need their guidance. Internet freedom can be fostered as a fundamental right for the 21st Century. Its social and economic potential is incalculable and it should be guarded as such. If it is misgoverned it has great ability in closing off societies and nurturing Totalitarianism. Because the Internet is so influential is should remain on top of our diplomatic discussions. It cannot be managed by the FCC alone. American government and companies must work together to establish America as the leading example in responsible use of the Internet.

Bibliography
About the FCC. n.d. <http://www.fcc.gov/aboutus.html>.
Howe, Denis. Learnthat.com. 2011. <www.learnthat.com/define/view.asp?id=558>.
Mukherjii, Bidisha. Timesnewsworld.com. 04 12 10. <http://timesnewsworld.com/072814/net-neutrality-pros-and-cons/>.
Stopthecap.com. n.d. <http://stopthecap.com/2010/12/08/democratic-fcc-commissioner-unimpressed-with-julius-genachowskis-open-internet-cave-in/>. www.criminalgovernment.com . n.d. <www.criminalgovernment.com/docs/61statl101/comact34.html>.