Gavin Howe
The Communications Act of 1934 is a federal law that established the Federal Communications Commission (FCC). The Act combined and organised federal regulation of telephone, telegraph, and radio communications, and it has been periodically updated to include provisions for new communication technologies such as broadcast, cable, and satellite television. The FCC is an independent federal regulatory agency responsible for regulating interstate and international communications across various platforms. The Act has been amended multiple times since its creation, with the most extensive amendment being the Telecommunications Act of 1996.
| Characteristics | Values |
|---|---|
| Name of the law | Communications Act of 1934 |
| Amendments | Many acts of Congress since 1934, most extensively by the Telecommunications Act of 1996 |
| Purpose | To provide the foundation for contemporary U.S. telecommunications policy |
| Creation of FCC | Yes |
| Jurisdiction | 50 states and territories, the District of Columbia, and U.S. Possessions |
| Regulatory authority | Radio, television, wire, satellite, cable, and telephone |
| Number of commissioners | 5 |
| Appointment of commissioners | By the President and confirmed by the Senate for five-year terms |
| Number of Bureaus | 6 |
| Number of Staff Offices | 10 |
| Biennial report | Required by the Federal Communications Commission Consolidated Reporting Act of 2013 |
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What You'll Learn
The Communications Act of 1934
The FCC is an independent federal regulatory agency responsible directly to Congress. It is charged with regulating interstate and international communications by radio, television, wire, satellite, cable, and other communications technologies. The Act is updated periodically to add provisions governing new communications technologies. The FCC is directed by five commissioners appointed by the President and confirmed by the Senate for five-year terms. The commissioners hold regular meetings and act as a quasi-judicial body.
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Regulation of communications
The Communications Act of 1934 is a US federal law that established the Federal Communications Commission (FCC). The Act combined and organised federal regulation of telephone, telegraph, and radio communications, transferring regulation of interstate telephone services from the Interstate Commerce Commission to the FCC. The Act also included provisions of the Federal Radio Act of 1927 relating to radio licensing, and of the Mann-Elkins Act of 1910 relating to telephone service.
The FCC is an independent federal regulatory agency responsible directly to Congress. It is charged with regulating interstate and international communications by radio, television, wire, satellite, cable, and common carrier. Its jurisdiction covers the 50 states and territories, the District of Columbia, and US Possessions. The FCC is directed by five commissioners appointed by the President and confirmed by the Senate for five-year terms. The President designates one commissioner to serve as chairman and chief executive officer of the Commission.
The FCC has broad regulatory authority that includes all radiotelephone activity, including the developing broadcast media of FM radio and television. The FCC also regulates telegraph and telephone communication, including rates and fees, standards, competition, terms of subscriber access, commercials, and broadcasting in the public interest. The Act provides for detailed regulation and oversight via the establishment of the FCC, including requiring common carriers to establish procedures to ensure appropriate authorisation for interception.
The Communications Act has been amended several times since 1934, most extensively by the Telecommunications Act of 1996. Other amendments of particular interest to national security, law enforcement, and intelligence communities include the Communications Assistance for Law Enforcement Act (CALEA) and the USA PATRIOT Act. The Act also includes provisions that address customer privacy, access for individuals with disabilities, and non-discrimination.
The FCC has six operating bureaus and ten staff offices. 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. The offices provide support services, and the FCC staff regularly join forces to address Commission issues.
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Federal Communications Commission (FCC)
The Federal Communications Commission (FCC) is a permanent administrative body that was created by the Communications Act of 1934. The Act combined and organised federal regulation of telephone, telegraph, and radio communications, and it established the FCC to oversee and regulate these industries. The FCC is an independent federal regulatory agency that is responsible directly to Congress. It is directed by five commissioners who are appointed by the President and confirmed by the Senate for five-year terms. The President designates one commissioner to serve as chairman, who is the chief executive officer of the Commission.
The Communications Act of 1934 built upon the Radio Act of 1927, which was a temporary measure passed to stabilise the chaotic radio industry of the mid-1920s. The 1934 Act added communications via common carrier and television, as well as interstate telegraph and telephone communication, wire and wireless common carrier, and broadcast. The Act is updated periodically to add provisions governing new communications technologies, such as cable and satellite television.
The FCC has broad regulatory authority over radio-telephone activity, including the developing broadcast media of FM radio and television. It is responsible for regulating interstate and international communications by radio, television, wire, satellite, and cable. Its jurisdiction covers the 50 states and territories, the District of Columbia, and U.S. possessions. The FCC's powers include processing applications for licenses and other filings, analysing complaints, conducting investigations, developing and implementing regulatory programs, and taking part in hearings.
The FCC has been involved in several notable incidents, including the issuance of the "Report on Chain Broadcasting" in 1941, which led to the breakup of the National Broadcasting Company (NBC) and the creation of the American Broadcasting Company (ABC). The FCC also reclassified broadband Internet access as a telecommunications service in 2015, giving it a legal basis for imposing net neutrality rules.
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US telecommunications policy
The Communications Act of 1934 is a US federal law that laid the foundation for contemporary US telecommunications policy. The Act created the Federal Communications Commission (FCC), an independent US agency responsible for regulating interstate and international communications by radio, television, wire, satellite, cable, and common carrier. The FCC is directed by five commissioners appointed by the President and confirmed by the Senate for five-year terms. The Act has been periodically updated to include new communications technologies, such as broadcast, cable, and satellite television, and has been amended by various acts of Congress, most notably the Telecommunications Act of 1996.
The Communications Act of 1934 combined and reorganized existing provisions of law, including the Federal Radio Act of 1927 and the Mann-Elkins Act of 1910. It established the FCC as a permanent administrative body with broader regulatory authority over radio, telephone, telegraph, and broadcast media. The Act's seven subchapters regulate various aspects of the communications and broadcasting industry, including the assignment of frequencies, rates and fees, standards, competition, terms of subscriber access, commercials, and broadcasting in the public interest.
One of the key functions of the FCC is to promote telecommunications business opportunities for small, minority-owned, and women-owned businesses. The Office of Communications Business Opportunities (OCBO) works with various stakeholders to provide information about FCC policies, increase ownership and employment opportunities, foster a diversity of voices and viewpoints over the airwaves, and encourage participation in FCC proceedings. The FCC also has a responsibility to protect customer privacy, ensure access for individuals with disabilities, and promote nondiscrimination. Section 222 of the Act requires telecommunications carriers to maintain the confidentiality of customer information and prohibits the disclosure of such information without legal authorization or customer permission.
The Communications Act of 1934 has faced some challenges and proposed changes over the years. For example, the company CellAntenna sued the FCC, arguing that the Homeland Security Act of 2002 superseded the 1934 Act. While CellAntenna lost the case, it supported legislation to amend the 1934 Act, specifically regarding the use of jamming devices by law enforcement. Additionally, there has been public debate about the need for an Internet kill switch, which would give the President the authority to shut down the Internet in the event of a cyber attack.
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Amendments to the Act
The Communications Act of 1934 created the Federal Communications Commission (FCC). The Act has been amended several times since 1934, including:
Amendments in 1960
In the wake of the 1950s quiz show scandals, amendments prohibited the presentation of scripted game shows under the guise of legitimate contests.
The Cable Communications Policy Act of 1984
This added Title VI—Cable Communications, which deregulated the cable industry.
The Cable Television Consumer Protection and Competition Act of 1992
This amended Title VI and required cable systems to carry most local broadcast channels. It also prohibited cable operators from charging local broadcasters to carry their signal.
The Telecommunications Act of 1996
This amended the Communications Act of 1934 and is considered the most extensive amendment to the Act. It led to the current regulatory structure. It also includes Section 706, which states that the FCC should "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans".
The Communications Assistance for Law Enforcement Act (CALEA) and the USA PATRIOT Act
These Acts made amendments of particular interest to national security, law enforcement, and intelligence communities. They include provisions that address customer privacy, access for individuals with disabilities, and non-discrimination.
The Federal Communications Commission Consolidated Reporting Act of 2013
This amendment required the FCC to publish a biennial report on the state of the communications marketplace, including an analysis of the state of competition in the markets for voice, video, and data services, as well as the availability of high-speed and high-quality telecommunications services.
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Frequently asked questions
The Communications Act of 1934 created the Federal Communications Commission (FCC).
The Communications Act of 1934 combined and organised federal regulation of telephone, telegraph, and radio communications. The Act established the FCC to oversee and regulate these industries.
Yes, the Communications Act of 1934 has been amended several times since its inception. The most notable amendment was the Telecommunications Act of 1996, which added provisions for new communication technologies such as the internet. Other amendments include the Communications Assistance for Law Enforcement Act (CALEA) and the USA PATRIOT Act, which address national security, law enforcement, and intelligence.
