Keith Mack
The Federal Communications Commission (FCC) is an independent US government agency that regulates communications by radio, television, wire, internet, satellite, and cable across the US. The FCC was established in 1934 to regulate the telecommunications industry, and its jurisdiction covers all 50 states, the District of Columbia, and US territories. The FCC's primary role is to ensure fair competition, promote innovation, and protect the public interest in the communications industry. It does this by creating and enforcing rules and regulations, reviewing license applications, responding to complaints, and conducting investigations. The FCC also has a role in promoting telecommunications business opportunities for small and diverse businesses, as well as providing support and leadership to similar communications bodies in North America. The FCC's rules and regulations are published and available to the public, and the FCC welcomes public input and participation in its rule-making process.
| Characteristics | Values |
|---|---|
| Nature of the agency | Independent US government agency overseen by Congress |
| Areas covered by the agency | Communications by radio, television, wire, satellite, cable, internet, wi-fi, broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security |
| FCC's rules and regulations | Published and maintained by the Government Printing Office and available in Title 47 of the Code of Federal Regulations (CFR) |
| FCC's mandated jurisdiction | 50 states, the District of Columbia, and the territories of the United States |
| FCC's offices | Office of Legislative Affairs (OLA), Office of the Managing Director (OMD), Office of Media Relations (OMR), Office of the Secretary (OSEC), Office of Administrative Law Judges (OALJ), Office of Communications Business Opportunities (OCBO) |
| FCC's bureaus | Wireless Telecommunications Bureau, Wireline Competition Bureau (WCB), Public Safety and Homeland Security Bureau |
| FCC's rulemaking process | "Notice and comment" rulemaking, where the FCC seeks public comments on potential rule changes |
| FCC's authority | Congress grants the FCC authority to make rules, which can be substantial or narrow in scope |
| FCC's role in law enforcement | The Communications Act of 1934 requires carriers to establish procedures for authorized interception of communications and to maintain secure records of any interception |
| FCC's role in customer privacy | The Communications Act requires telecommunications carriers to maintain confidentiality of customer information and only disclose it with legal or customer permission |
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What You'll Learn
Regulate media industry, including licensing and content
The Federal Communications Commission (FCC) is an independent US government agency that regulates the media industry, including licensing and content. The FCC has jurisdiction over radio, television, wire, internet, wi-fi, satellite, and cable communications across the United States.
The FCC's regulatory authority includes the licensing of TV and radio stations, as well as commercial and non-commercial educational stations. Broadcast licenses are granted or renewed if the station meets the "public interest, convenience, or necessity". The FCC also regulates the content of broadcast television and radio stations, imposing restrictions against indecency and obscenity. Cable and satellite providers are also subject to content regulations, such as the prohibition on obscenity, although these limitations are less restrictive than those for broadcast stations.
The FCC reviews license applications, responds to complaints, and conducts investigations. The Commission permits the display of internet website addresses during children's programming only if the website meets certain criteria, such as offering non-commercial content and being clearly labelled to distinguish commercial from non-commercial sections. The FCC also receives complaints regarding the alleged use of subliminal perception techniques in broadcast programming, which is inconsistent with a station's obligation to serve the public interest as it is designed to be deceptive.
The FCC is organized into several bureaus, including the Wireless Telecommunications Bureau, the Wireline Competition Bureau, the Public Safety and Homeland Security Bureau, and the Media Bureau. These bureaus process applications for licenses, analyze complaints, conduct investigations, and develop and implement regulations. The Consumer & Governmental Affairs Bureau (CGB), for example, develops and implements the FCC's consumer policies, including disability access, while the Enforcement Bureau (EB) enforces the provisions of the Communications Act 1934, FCC rules, orders, and station authorizations.
The FCC's rules and regulations are published and maintained by the Government Printing Office, and are available to the public in a searchable format on the web. The FCC adopts rules through a process known as "notice and comment" rulemaking, where the public is notified of potential rule changes and given the opportunity to provide comments. In addition to legislative rules, the FCC creates interpretive rules, policy statements, and organizational or procedural rules.
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Support competition, innovation, and investment in broadband services
The Federal Communications Commission (FCC) is the primary authority for communications law, regulation, and technological innovation in the United States. The FCC promotes competition, innovation, and investment in broadband services and facilities.
Competition in the broadband market has been evolving rapidly. New technologies like satellite and 5G have expanded internet access and intermodal competition among providers. Broadband internet has become a service that Americans and U.S. policymakers consider essential. However, new and forthcoming regulations imposed to promote equal access to broadband may inadvertently dampen innovation and investment in this critical sector.
Concentration metrics are poor predictors of competitiveness—broadband markets can be dynamic and competitive even with only a few providers. Increased concentration can result from efficiency gains and innovation, benefiting consumers through better services. On the other hand, municipal broadband often requires significant taxpayer subsidies or cross-subsidies, which can hinder rather than foster market competition.
To support competition, innovation, and investment in broadband services, policymakers should focus their attention on interventions that address genuinely unfair or anticompetitive conduct. Innovation and investment will be maximized when companies retain the flexibility to respond to consumer demand while being constrained by economic and technical realities. A consumer-driven interplay with providers should be allowed to continue, as seen in the robust and disruptive market for broadband and video entertainment platforms, with OTT providers like Netflix, Roku, YouTube, Hulu, Amazon, and Vimeo challenging traditional cable companies.
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Ensure fair competition and prevent monopolies
The Federal Communications Commission (FCC) is an independent US government agency that regulates communications by radio, television, wire, satellite, cable, and internet across the United States. The FCC has a mandate to ensure fair competition and prevent monopolies.
For much of the 20th century, the FCC and state officials agreed to regulate the telephone system as a natural monopoly. The FCC controlled telephone rates and imposed restrictions to limit the profits of companies like AT&T and ensure nondiscriminatory pricing. In the 1970s, the FCC allowed other companies to expand their offerings to the public and required the old telephone monopoly to sell wholesale access to its copper network infrastructure at government-regulated prices.
However, the emergence of real competition in the late 20th century discredited the notion of communications as a natural monopoly. The FCC now recognizes that competition is generally preferable to regulation and promotes competition in the telecommunications industry. The Telecommunications Act of 1996 was a major legislative reform that de-regulated the telephone market and promoted competition in both the local and long-distance marketplaces.
The FCC's Enforcement Bureau handles consumer protection, local competition, public safety, and homeland security. The FCC also works to ensure that all Americans have access to competing suppliers of high-speed broadband. It promotes competition, innovation, and investment in broadband services and facilities.
The FCC's approach to promoting fair competition and preventing monopolies includes encouraging interconnection between competing local telephone companies and establishing pro-competition rules.
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Enforce decency regulations and censorship
The Federal Communications Commission (FCC) is the primary authority for communications law, regulation, and technological innovation in the United States. The FCC defines indecent speech as material that, in context, depicts or describes sexual or excretory organs or activities in a patently offensive manner, as measured by contemporary community standards for the broadcast medium.
Congress has given the FCC the responsibility for enforcing the law that governs these types of broadcasts, and the FCC takes this responsibility very seriously. The FCC has the authority to issue civil monetary penalties, revoke licenses, or deny renewal applications for stations that violate its indecency and profanity rules. The United States Department of Justice can pursue criminal violations, and violators, if convicted in a federal district court, may face criminal fines and/or imprisonment for up to two years.
The FCC's rules are generally adopted through a "`notice and comment`" rulemaking process, where the public is notified and invited to provide feedback on potential new rules or modifications to existing ones. This process ensures that the FCC's regulations are responsive to the needs and concerns of the community.
The FCC's enforcement of decency regulations and censorship primarily focuses on broadcast radio and television licensees. To obtain a license to operate, radio and television broadcasters must agree to operate in the "public interest, convenience, and necessity." This means that they must air programming that is responsive to the needs and problems of their local community. Broadcasters are also subject to specific FCC rules and regulations, such as prohibitions on advertising for cigarettes and certain tobacco products, and restrictions on obscene and indecent content.
The FCC's definition of obscene content aligns with the three-pronged test established by the Supreme Court in a landmark 1964 case on obscenity and pornography. Content is considered obscene if it appeals to an average person's prurient interest, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. Indecent content, on the other hand, is patently offensive but does not meet the full test for obscenity.
The FCC takes complaints about broadcasting objectionable content very seriously, and these complaints drive the enforcement of their rules. The public can file complaints about specific broadcasts, including detailed information such as the date, time, and specific details about the offensive content. The FCC reviews these complaints and initiates investigations into possible violations. If a station is found to be in violation, the FCC can revoke licenses, impose fines, or issue warnings.
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Provide opportunities for small and minority-owned businesses
The Federal Communications Commission (FCC) is an independent US government agency that regulates communications by radio, television, wire, internet, wi-fi, satellite, and cable across the United States. The FCC is mandated to cover all 50 states, the District of Columbia, and US territories.
The FCC's Office of Communications Business Opportunities (OCBO) promotes telecommunications business opportunities for small, minority-owned, and women-owned businesses. The OCBO works with entrepreneurs, industry experts, public interest organizations, and individuals to provide information about FCC policies, increase ownership and employment opportunities, and encourage a diversity of voices and viewpoints over the airwaves.
The OCBO acts as the principal advisor to the Chairman and Commissioners on issues, rulemakings, and policies that affect small businesses. It promotes diversity, competition, and innovation in the provision of, and ownership of, telecommunications and information services by supporting opportunities for small businesses, including women-owned, veteran-owned, and minority-owned businesses.
The OCBO assists small businesses in navigating the Commission's rulemaking process, filing public comments, and responding to inquiries. It conducts outreach to identify and remove barriers to entry for small businesses in the communications industry, and to increase access to economic opportunities for women and minority-owned businesses. The OCBO also engages with a wide range of small business stakeholders to understand how the Commission can increase small business access to affordable broadband.
Through the OCBO, the Commission expands opportunities for small businesses and promotes a diverse and inclusive economy that brings the benefits of communications technology to everyone.
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Frequently asked questions
The Federal Communications Commission (FCC) is an independent agency of the United States government that regulates communications by radio, television, wire, internet, wi-fi, satellite, and cable across the United States.
The FCC regulates interstate and international communications and has jurisdiction over broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security. The FCC also reviews license applications, responds to complaints, and conducts investigations.
The FCC's Enforcement Bureau enforces the Communications Act and its rules and orders primarily by initiating investigations and resolving disputes between industry participants. The Bureau opens an investigation after receiving information about a potential violation and gathers information through a Letter of Inquiry (LOI) or physical inspection of facilities. The FCC can compel the production of information and testimony through administrative subpoenas.
If an investigation reveals a violation, the FCC may propose a penalty by issuing a Notice of Apparent Liability for Forfeiture (NAL), which advises the party of the violation and the proposed penalty. The FCC can also impose a forfeiture through a hearing process or take other enforcement actions without financial penalties.
The FCC has rules in place to ensure that broadcast licensees operate in the "public interest, convenience, and necessity." This includes regulations on hoaxes, news distortion, indecency, and tobacco and alcohol advertising. For example, federal law prohibits the airing of tobacco advertising on any medium under the FCC's jurisdiction.
