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| FCC | |
 Official seal | |
 Logo | |
| Agency overview | |
|---|---|
| Formed | June 19, 1934 |
| Preceding agency | |
| Jurisdiction | Federal government of the United States |
| Headquarters | 45 L Street NE, Washington, D.C., U.S. 38°54′12″N 77°0′26″W / 38.90333°N 77.00722°W |
| Employees | 1,482 (2020)[1] |
| Annual budget | US$388 million (FY 2022, requested)[2] |
| Agency executive | |
| Website | fcc.gov |
| Footnotes | |
| [3] | |
The Federal Communications Commission (FCC) is an independent agency of the United States government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction over the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security.[4]
The FCC was formed by the Communications Act of 1934 to replace the radio regulation functions of the previous Federal Radio Commission.[5] The FCC took over wire communication regulation from the Interstate Commerce Commission. The FCC's mandated jurisdiction covers the 50 states, the District of Columbia, and the territories of the United States. The FCC also provides varied degrees of cooperation, oversight, and leadership for similar communications bodies in other countries in North America. The FCC is funded entirely by regulatory fees. It has an estimated fiscal-2022 budget of US $388 million.[2] It has 1,482 federal employees as of July 2020.[6]
Mission and agency objectives
The FCC's mission, specified in Section One of the Communications Act of 1934 and amended by the Telecommunications Act of 1996 (amendment to 47 U.S.C. §151), is to "make available so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, rapid, efficient, nationwide, and world-wide wire and radio communication services with adequate facilities at reasonable charges."
The act furthermore provides that the FCC was created "for the purpose of the national defense" and "for the purpose of promoting safety of life and property through the use of wire and radio communications."[4]
Consistent with the objectives of the act as well as the 1999 Government Performance and Results Act (GPRA), the FCC has identified four goals in its 2018–22 Strategic Plan.[7] They are: Closing the Digital Divide, Promoting Innovation, Protecting Consumers & Public Safety, and Reforming the FCC's Processes.[7]
Organization and procedures
Commissioners
The FCC is directed by five commissioners appointed by the president of the United States and confirmed by the United States Senate for five-year terms, except when filling an unexpired term. The U.S. president designates one of the commissioners to serve as chairman. No more than three commissioners may be members of the same political party. None of them may have a financial interest in any FCC-related business.[3][8]
Commissioners may continue serving until the appointment of their replacements. However, they may not serve beyond the end of the next session of Congress following term expiration.[9] In practice, this means that commissioners may serve up to 1+1⁄2 years beyond the official term expiration listed above if no replacement is appointed. This would end on the date that Congress adjourns its annual session, generally no later than noon on January 3.
Bureaus
The FCC is organized into seven bureaus,[10] each headed by a "chief" that is appointed by the chairman of the commission. Bureaus process applications for licenses and other filings, analyze complaints, conduct investigations, develop and implement regulations, and participate in hearings.
- The Consumer & Governmental Affairs Bureau (CGB) develops and implements the FCC's consumer policies, including disability access. CGB serves as the public face of the FCC through outreach and education, as well as through its Consumer Center, which is responsible for responding to consumer inquiries and complaints. CGB also maintains collaborative partnerships with state, local, and tribal governments in such areas as emergency preparedness and implementation of new technologies.
- The Enforcement Bureau (EB) is responsible for enforcement of provisions of the Communications Act 1934, FCC rules, FCC orders, and terms and conditions of station authorizations. Major areas of enforcement that are handled by the Enforcement Bureau are consumer protection, local competition, public safety, and homeland security.
- The Media Bureau (MB) develops, recommends and administers the policy and licensing programs relating to electronic media, including cable television, broadcast television, and radio in the United States and its territories. The Media Bureau also handles post-licensing matters regarding direct broadcast satellite service.
- The Space Bureau (SB) leads policy and licensing matters related to satellite and space-based communications and activities. It will also serve as the commission's liaison to other agencies engaged in space policy. It was created in April 2023 after the former International Bureau (IB) and its functions were divided between the Space Bureau and a new Office of International Affairs.[11]
- The Wireless Telecommunications Bureau regulates domestic wireless telecommunications programs and policies, including licensing. The bureau also implements competitive bidding for spectrum auctions and regulates wireless communications services including mobile phones, public safety, and other commercial and private radio services.
- The Wireline Competition Bureau (WCB) develops policy concerning wire line telecommunications. The Wireline Competition Bureau's main objective is to promote growth and economical investments in wireline technology infrastructure, development, markets, and services.
- The Public Safety and Homeland Security Bureau was launched in 2006 with a focus on critical communications infrastructure.[12]
Offices
The FCC has twelve staff offices.[10] The FCC's offices provide support services to the bureaus.
- The Office of Administrative Law Judges (OALJ) is responsible for conducting hearings ordered by the commission. The hearing function includes acting on interlocutory requests filed in the proceedings such as petitions to intervene, petitions to enlarge issues, and contested discovery requests. An administrative law judge, appointed under the Administrative Procedure Act, presides at the hearing during which documents and sworn testimony are received in evidence, and witnesses are cross-examined. At the conclusion of the evidentiary phase of a proceeding, the presiding administrative law judge writes and issues an initial decision that may be appealed to the commission.
- The Office of Communications Business Opportunities (OCBO) promotes telecommunications business opportunities for small, minority-owned, and women-owned businesses. OCBO works with entrepreneurs, industry, public interest organizations, individuals, and others 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 Office of Economics and Analytics (OEA) is responsible for expanding and deepening the use of economic analysis into Commission policy making, for enhancing the development and use of auctions, and for implementing consistent and effective agency wide-data practices and policies. It was created in 2018[13] by merging staff from the now defunct Office of Strategic Planning & Policy Analysis with economists dispersed throughout various other offices.
- The Office of Engineering and Technology (OET) advises the commission concerning engineering matters.
- Its chief role is to manage the electromagnetic spectrum, specifically frequency allocation and spectrum usage. OET conducts technical studies of advanced phases of terrestrial and space communications and administers FCC rules regarding radio devices, experimental radio services, and industrial, scientific, and medical equipment.
- OET organizes the Technical Advisory Council, a committee of FCC advisors from major telecommunication and media corporations.
- OET operates the Equipment Authorization Branch, which has the task of overseeing equipment authorization for all devices using the electromagnetic energy from 9 kHz to 300 GHz. OET maintains an electronic database of all Certified equipment that can be easily accessed by the public.
- The Office of General Counsel serves as the chief legal adviser to the commission. The general counsel also represents the commission in litigation in United States federal courts, recommends decisions in adjudicatory matters before the commission, assists the commission in its decision-making capacity and performs a variety of legal functions regarding internal and other administrative matters.
- The Office of the Inspector General (OIG) recommends policies to prevent fraud in agency operations. The inspector general recommends corrective action where appropriate, referring criminal matters to the United States Department of Justice for potential prosecution.
- The Office of International Affairs (OIA) is responsible for the commission's engagement in foreign and international regulatory authorities, including multilateral and regional organizations. OIA will also facilitate through rulemaking and licensing the commission's development of policies regarding international telecommunications facilities and services as well as submarine cables, and advise the commission on foreign ownership issues.
- The Office of Legislative Affairs (OLA) is the FCC's liaison to the United States Congress, providing lawmakers with information about FCC regulations. OLA also prepares FCC witnesses for congressional hearings, and helps create FCC responses to legislative proposals and congressional inquiries. In addition, OLA is a liaison to other federal agencies, as well as state and local governments.
- The Office of the Managing Director (OMD) is responsible for the administration and management of the FCC, including the agency's budget, personnel, security, contracts, and publications.
- The Office of Media Relations (OMR) is responsible for the dissemination of commission announcements, orders, proceedings, and other information per media requests. OMR manages the FCC Daily Digest, website, and Audio Visual Center.
- The Office of the Secretary (OSEC) oversees the receipt and distribution of documents filed by the public through electronic and paper filing systems and the FCC Library collection. In addition, OSEC publishes legal notices of commission decisions in the Federal Register and the FCC Record.
- The Office of Workplace Diversity (OWD) develops policy to provide a full and fair opportunity for all employees, regardless of non-merit factors such as race, religion, gender, color, age, disability, sexual orientation or national origin, to carry out their duties in the workplace free from unlawful discriminatory treatment, including sexual harassment and retaliation for engaging in legally protected activities.
Headquarters
The FCC leases space in the Sentinel Square III building in northeast Washington, D.C.[14][15]
Prior to moving to its new headquarters in October 2020, the FCC leased space in the Portals building in southwest Washington, D.C. Construction of the Portals building was scheduled to begin on March 1, 1996. In January 1996, the General Services Administration signed a lease with the building's owners, agreeing to let the FCC lease 450,000 sq ft (42,000 m2) of space in Portals for 20 years, at a cost of $17.3 million per year in 1996 dollars. Prior to the Portals, the FCC had space in six buildings at and around 19th Street NW and M Street NW. The FCC first solicited bids for a new headquarters complex in 1989. In 1991 the GSA selected the Portals site. The FCC had wanted to move into a more expensive area along Pennsylvania Avenue.[16]
History
Communications Act of 1934
In 1934, Congress passed the Communications Act, which abolished the Federal Radio Commission and transferred jurisdiction over radio licensing to a new Federal Communications Commission, including in it also the telecommunications jurisdiction previously handled by the Interstate Commerce Commission.[17][18]
Title II of the Communications Act focused on telecommunications using many concepts borrowed from railroad legislation and Title III contained provisions very similar to the Radio Act of 1927.
The initial organization of the FCC was effected July 17, 1934, in three divisions, Broadcasting, Telegraph, and Telephone. Each division was led by two of the seven commissioners, with the FCC chairman being a member of each division. The organizing meeting directed the divisions to meet on July 18, July 19, and July 20, respectively.[19]
Report on Chain Broadcasting
In 1940, the Federal Communications Commission issued the "Report on Chain Broadcasting" which was led by new FCC chairman James Lawrence Fly (and Telford Taylor as general counsel). The major point in the report was the breakup of the National Broadcasting Company (NBC), which ultimately led to the creation of the American Broadcasting Company (ABC), but there were two other important points. One was network option time, the culprit here being the Columbia Broadcasting System (CBS). The report limited the amount of time during the day and at what times the networks may broadcast. Previously a network could demand any time it wanted from a Network affiliate. The second concerned artist bureaus. The networks served as both agents and employers of artists, which was a conflict of interest the report rectified.[20]
Freeze of 1948
In assigning television stations to various cities after World War II, the FCC found that it placed many stations too close to each other, resulting in interference. At the same time, it became clear that the designated VHF channels, 2 through 13, were inadequate for nationwide television service.[21] As a result, the FCC stopped giving out construction permits for new licenses in October 1948, under the direction of Chairman Rosel H. Hyde. Most expected this "Freeze" to last six months, but as the allocation of channels to the emerging UHF technology and the eagerly awaited possibilities of color television were debated, the FCC's re-allocation map of stations did not come until April 1952, with July 1, 1952, as the official beginning of licensing new stations.
Other FCC actions hurt the fledgling DuMont and ABC networks. American Telephone and Telegraph (AT&T) forced television coaxial cable users to rent additional radio long lines, discriminating against DuMont, which had no radio network operation. DuMont and ABC protested AT&T's television policies to the FCC, which regulated AT&T's long-line charges, but the commission took no action. The result was that financially marginal DuMont was spending as much in long-line charge as CBS or NBC while using only about 10 to 15 percent of the time and mileage of either larger network.[22]
The FCC's "Sixth Report & Order" ended the Freeze. It took five years for the US to grow from 108 stations to more than 550. New stations came on line slowly, only five by the end of November 1952. The Sixth Report and Order required some existing television stations to change channels, but only a few existing VHF stations were required to move to UHF, and a handful of VHF channels were deleted altogether in smaller media markets like Peoria, Fresno, Bakersfield and Fort Wayne, Indiana to create markets which were UHF "islands." The report also set aside a number of channels for the newly emerging field of educational television, which hindered struggling ABC and DuMont's quest for affiliates in the more desirable markets where VHF channels were reserved for non-commercial use.
The Sixth Report and Order also provided for the "intermixture" of VHF and UHF channels in most markets; UHF transmitters in the 1950s were not yet powerful enough, nor receivers sensitive enough (if they included UHF tuners at all - they were not formally required until the 1960s All-Channel Receiver Act), to make UHF viable against entrenched VHF stations. In markets where there were no VHF stations and UHF was the only TV service available, UHF survived. In other markets, which were too small to financially support a television station, too close to VHF outlets in nearby cities, or where UHF was forced to compete with more than one well-established VHF station, UHF had little chance for success.
Denver had been the largest U.S. city without a TV station by 1952. Senator Edwin Johnson (D-Colorado), chair of the Senate's Interstate and Foreign Commerce Committee, had made it his personal mission to make Denver the first post-Freeze station. The senator had pressured the FCC, and proved ultimately successful as the first new station (a VHF station) came on-line a remarkable ten days after the commission formally announced the first post-Freeze construction permits. KFEL (now KWGN-TV)'s first regular telecast was on July 21, 1952.[23][24]
Telecommunications Act of 1996
In 1996, Congress enacted the Telecommunications Act of 1996, in the wake of the breakup of AT&T resulting from the U.S. Department of Justice's antitrust suit against AT&T. The legislation attempted to create more competition in local telephone service by requiring Incumbent Local Exchange Carriers to provide access to their facilities for Competitive Local Exchange Carriers. This policy has thus far had limited success and much criticism.[25]
The development of the Internet, cable services and wireless services has raised questions whether new legislative initiatives are needed as to competition in what has come to be called 'broadband' services. Congress has monitored developments but as of 2009 has not undertaken a major revision of applicable regulation. The Local Community Radio Act in the 111th Congress has gotten out of committee and will go before the house floor with bi-partisan support,[26] and unanimous support of the FCC.[27]
By passing the Telecommunications Act of 1996, Congress also eliminated the cap on the number of radio stations any one entity could own nationwide and also substantially loosened local radio station ownership restrictions. Substantial radio consolidation followed.[28] Restrictions on ownership of television stations were also loosened.[29] Public comments to the FCC indicated that the public largely believed that the severe consolidation of media ownership had resulted in harm to diversity, localism, and competition in media, and was harmful to the public interest.[30]
Modernization of the FCC's information technology systems
David A. Bray joined the commission in 2013 as chief information officer and quickly announced goals of modernizing the FCC's legacy information technology (IT) systems, citing 200 different systems for only 1750 people a situation he found "perplexing".[31][32] These efforts later were documented in a 2015 Harvard Case Study.[33][34] In 2017, Christine Calvosa replaced Bray as the acting CIO of FCC.[35]
2023 reorganization and Space Bureau establishment
On January 4, 2023, the FCC voted unanimously to create a newly-formed Space Bureau and Office of International Affairs within the agency, replacing the existing International Bureau. FCC chairwoman Jessica Rosenworcel explained that the move was done to improve the FCC's "coordination across the federal government" and to "support the 21st-century satellite industry."[36] The decision to establish the Space Bureau was reportedly done to improve the agency's capacity to regulate Satellite Internet access.[37] The new bureau officially launched on April 11, 2023.[38]
Commissioners
The commissioners of the FCC are:
| Name | Party | Term expires | Max. extended time |
|---|---|---|---|
| Jessica Rosenworcel (Chair) | Democratic | June 30, 2025 | Jan. 3, 2027 |
| Geoffrey Starks | Democratic | June 30, 2027 | Jan. 3, 2029 |
| Brendan Carr | Republican | June 30, 2028 | Jan. 3, 2030 |
| Nathan Simington | Republican | June 30, 2024 | Jan. 3, 2026 |
| Anna M. Gomez | Democratic | June 30, 2026 | Jan. 3, 2028 |
The initial group of FCC commissioners after establishment of the commission in 1934 comprised the following seven members:[19][39]
| Commissioner | State | Party | Position | Term started | Term ended | |
|---|---|---|---|---|---|---|
| Eugene O. Sykes | Mississippi | Democratic | Chairman | [40] | July 11, 1934 | April 5, 1939 |
| Thad H. Brown | Ohio | Republican | Commissioner | July 11, 1934 | June 30, 1940 | |
| Paul A. Walker | Oklahoma | Democratic | Commissioner | [41] | July 11, 1934 | June 30, 1953 |
| Norman S. Case | Rhode Island | Republican | Commissioner | July 11, 1934 | June 30, 1937 | |
| Irvin Stewart | Texas | Democratic | Commissioner | July 11, 1934 | June 30, 1937 | |
| George Henry Payne | New York | Republican | Commissioner | July 11, 1934 | June 30, 1943 | |
| Hampson Gary | Texas | Democratic | Commissioner | July 11, 1934 | January 1, 1935 | |
The complete list of commissioners is available on the FCC website.[39] Frieda B. Hennock (D-NY) was the first female commissioner of the FCC in 1948.
| Name | Party | Term started | Term expired |
|---|---|---|---|
| Eugene Octave Sykes | Democratic | July 11, 1934 | April 5, 1939 |
| Thad H. Brown | Republican | July 11, 1934 | June 30, 1940 |
| Paul A. Walker | Democratic | July 11, 1934 | June 30, 1953 |
| Norman S. Case | Republican | July 11, 1934 | June 30, 1937 |
| Irvin Stewart | Democratic | July 11, 1934 | June 30, 1937 |
| George Henry Payne | Republican | July 11, 1934 | June 30, 1943 |
| Hampson Gary | Democratic | July 11, 1934 | January 1, 1935 |
| Anning Smith Prall | January 17, 1935 | July 23, 1937 | |
| T.A.M. Craven | August 25, 1937 | June 30, 1944 | |
| July 2, 1956 | March 25, 1963 | ||
| Frank R. McNinch | October 1, 1937 | August 31, 1939 | |
| Frederick I. Thompson | April 13, 1939 | June 30, 1941 | |
| James Lawrence Fly | September 1, 1939 | November 13, 1944 | |
| Ray C. Wakefield | Republican | March 22, 1941 | June 30, 1947 |
| Clifford Durr | Democratic | November 1, 1941 | June 30, 1948 |
| E. K. Jett | Independent | February 15, 1944 | December 31, 1947 |
| Paul A. Porter | Democratic | December 21, 1944 | February 25, 1946 |
| Charles R. Denny | March 30, 1945 | October 31, 1947 | |
| William Henry Wills | Republican | July 23, 1945 | March 6, 1946 |
| Rosel H. Hyde | April 17, 1946 | October 31, 1969 | |
| Edward M. Webster | Zdroj:https://en.wikipedia.org?pojem=The_F.C.C.