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Regulation of Electronic Media
Article I, Section 8(3) of US
Constitution
Congress-Regulates interstate commerce
States-Regulate intrastate commerce
Delegation of Authority
Administrative Agencies
Expertise
Speed
Congressional oversight
Regulation of Electronic Media
Radio Act 1927
Communications Act 1934
Cable Act 1992
Telecommunication Act of 1996
Basis for Regulation
PICON Standard
Public interest,
convenience or necessity
FCC and Regulation
No separation of powers
Executive Power-The
President
Legislative Power-Congress
Judicial Power-Supreme Court
Legislative Function: Rulemaking
Notice of Proposed Rulemaking (NPRM)
Parties submit comments
FCC evaluates them
Legislative Function: Rulemaking
FCC issues "Report &
Order"
Parties can appeal to FCC
Parties can appeal to federal court
Judicial Function
Adjudication
The Federal Court System
U.S.
Supreme Court
U.S.
Ct. of Appeals (12 Cir. + D.C.)
District
Courts
FCC
Executive Function
Enforcement
But there is oversight!!
FCC Enforcement Powers
Letters of admonition
Fines
Short-term renewals
Denial of renewal
Revocation
FCC Licensing Power
Licensee Qualifications
Mutually exclusive applications
Auctions
Renewal of Licenses
Every 8 years - radio & TV
Petition to Deny
WLBT Case
Comparative renewals
© B.L. Yates 2001
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