Federal Communications Commission (FCC)

The Federal Communications Commission (FCC) is an agency of the U.S. government. Independent of the Executive Branch, it reports directly to the U.S. Congress. It was established by Congress in the Communications Act of 1934. Its purpose is to ensure that the nation's various communications systems work together and services and prices are in the best interest of the consumer, and it has the specific authority to regulate the broadcast of obscene, indecent, or profane language. Recent controversies include the “wardrobe malfunction,” which enabled viewers of Super Bowl XXXVII to view pop singer Janet Jackson's breast for 19/32 of a second, about which the FCC received more than half a million complaints, causing it to move to a zero-tolerance response; and the $2.5 million in fines levied against radio shock-jock Howard Stern, prompting his move to satellite radio, which in 2005 remained unregulated.

The FCC is directed by five commissioners who are appointed by the president, with the advice and consent of the Senate. The President selects one of the commissioners to serve as chairperson. Commissioners serve five-year terms, except if they were appointed to fill an unexpired term. Only three commissioners can be of the same political party at any given time, and no commissioner can have a financial interest in any commission-related business.

The FCC's major charge is to regulate interstate and international communications by radio, television, wire, satellite, and cable. Present concerns include the deployment of broadband services, spectrum allocation through a fair and open competitive bidding process, media ownership, and strengthening the national communications infrastructure. The FCC has the authority to enforce provisions in the Communications Act. The FCC oversees compliance with international agreements about satellites and international telecommunications facilities and services.

In the technical arena, FCC policies influence the future directions of technology, such as high-definition television. All televisions sold in the United States since January 1, 2000, are equipped with a V-chip. The V-chip reads information encoded in programs, and it blocks programs from the set based on the rating selected by the parent. Since 1997, all television programming is labeled with a content rating. The original ratings system was voluntarily proposed by the industry. News and sports programming are exempt from these guidelines.

In the social arena, FCC regulations prohibit licensees from broadcasting obscene material at all times and from broadcasting indecent material during the safe harbor period between 6:00 a.m. and 10:00 p.m. Cable and satellite broadcasters are not subject to the indecency regulations because they are subscription services and because they allow subscribers to filter out channels showing indecent content.

An interesting ethical dilemma involves striking a balance between the government's concern for public interest and freedom of speech. Critics say the FCC's indecency standard for censoring expression on radio and broadcast television is vague and subjective. The recent imposition of fines threatens the free flow of ideas and hinders free speech. Other issues include the digital divide and the question of the coverage bias that might arise due to media consolidation and conglomeration.