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Radio is a category of electronic media under the jurisdiction of the Federal Communications Commission (FCC), an independent administrative agency established by Congress in the Communications Act of 1934. Previously, Congress had established the Federal Radio Commission (FRC) in the Radio Act of 1927 to allocate broadcast radio frequencies. The 1934 act replaced the FRC with the FCC and expanded the regulatory authority of the agency.

Radio broadcasts use the electromagnetic spectrum, which is federally regulated as a national public resource. The FCC has exclusive authority from Congress to allocate the AM and FM bands of the spectrum by dividing them into assignable commercial and noncommercial frequencies and allotting them to individual stations intended to serve particular geographic locations, such as an area surrounding a small town or major city. Through licensing proceedings, the FCC assigns AM and FM radio frequencies to station operators called licensees, who are required by law to serve the public interest in exchange for the privilege of using the electromagnetic spectrum to broadcast.

The FCC regulates the structure of broadcast radio by such means as licensing application and renewal proceedings and also by enforcing such rules as those that limit the number of AM and FM radio stations that a single company can legally control in a local broadcast market. In addition, the FCC enforces some content regulations, including rules prohibiting broadcast obscenity and most tobacco advertising and a rule that seeks to shield children from indecent and profane broadcasts. With broadcast and cable television, the FCC enforces rules that regulate aspects of children's programming and advertising; there are no similar rules for radio broadcasters.

Obscenity, Indecency, and Profanity in Radio Broadcasts

Provisions in the Communications Act prohibit “obscene, indecent or profane language by means of radio communications,” and the FCC is authorized to promulgate rules enforcing these provisions. Obscenity, as a constitutionally defined category of sexual expression, is devoid of First Amendment protection and banned in all media including electronic media like radio. Indecency and profanity, which are categories of nonobscene expression defined by the FCC, are protected by the First Amendment, and courts have placed constitutional limits on the extent to which the FCC can regulate these types of content on the airwaves. Current FCC rules allow nonobscene indecency and profanity in radio and television broadcasts but only during designated hours of the day when children are not likely to be part of the audience.

The U.S. Supreme Court has defined obscenity as material that contains patently offensive descriptions or depictions of sexual conduct and, when taken as a whole, appeals to prurient interest and lacks serious literary, artistic, political, or scientific value. The “prurient interest” requirement is judged from the perspective of a reasonable person applying contemporary community standards. The FCC enforces the ban on broadcast obscenity at all times on regulated electronic media, including radio.

The FCC has defined indecency as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs.” The FCC has defined profanity as “including language that denot[es] certain of those personally reviling epithets naturally tending to provoke violent resentment or denoting language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.” FCC rules allow radio and television broadcasters to air nonobscene indecency and profanity only during the “safeharbor” time period from 10 p.m. to 6 a.m. each day. The FCC can fine a broadcast radio station up to $32,500 per incident for broadcasting indecency or profanity outside the safe-harbor time period. The FCC does not have authority to regulate indecency or profanity on satellite, cable, or the Internet.

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