The Responsibility and Authority of the Federal Communications Commission
Dennis AuBuchon
October 13, 2009
To begin with the Federal Communications Commission is an independent United States government agency. The agency was established by the Communications Act in 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. Many individuals have had issues with this agency regarding past and present policies. Whether I agree with the policies or not is not the focus of this article. The main focus of this article is to present the responsibilities of this commission and the manner in which they operate. This includes the organizational structure and the authority given to it through Congress and the President. It is important for us as citizens to understand the operations of this agency and who within it is involved in the decision making process. This along with other articles that I have written or will write will bring about a better understanding of government agencies and departments within the United States Government.
The Federal Communications Commission is comprised of five (5) commissioners appointed by the President and confirmed by the Senate for a 5-year term. The chairman is designated by the President. This is a bi-partisan commission as only three members can be of the same political party. This is a good thing. There are a number of bureaus and offices as part of this commission and the commissioners delegate management and administrative responsibility to the Managing Director. The commissioners supervise all FCC activities and delegate responsibilities to staff units and bureaus. A list of the bureaus and offices and a brief description of their responsibilities are provided below:
Consumer and Government Affairs Bureau - educates and informs consumers about telecommunications goods and services and engages their input to help guide the work of the Commission. CGB coordinates telecommunications policy efforts with industry and with other governmental agencies — federal, tribal, state and local — in serving the public interest.
Enforcement Bureau - enforces the Communications Act, as well as the Commission´s rules, orders and authorizations.
International Bureau - represents the Commission in satellite and international matters.
Media Bureau - regulates AM, FM radio and television broadcast stations, as well as cable television and satellite services.
Wireless Telecommunications - oversees cellular and PCS phones, pagers and two-way radios. This Bureau also regulates the use of radio spectrum to fulfill the communications needs of businesses, aircraft and ship operators, and individuals.
Public Safety and Homeland Security Bureau - addresses public safety, homeland security, national security, emergency management and preparedness, disaster management, and other related issues.
Wireline Competition Bureau - responsible for rules and policies concerning telephone companies that provide interstate, and under certain circumstances intrastate, telecommunications services to the public through the use of wire-based transmission facilities (i.e., corded/cordless telephones).
Office of Administrative Judges - presides over hearings, and issues Initial Decisions
Office of Communications Business Opportunities - provides advice to the Commission on issues and policies concerning opportunities for ownership by small, minority and women-owned communications businesses.
Office of Engineering and Technology - allocates spectrum for non-Government use and provides expert advice on technical issues before the Commission.
Office of the General Council - serves as chief legal advisor to the Commission's various Bureaus and Offices.
Office of Inspector General - conducts and supervises audits and investigations relating to the operations of the Commission.
Office of Legislative Affairs - is the Commission´s main point of contact with Congress.
Office of the Managing Director - functions as a chief operating official, serving under the direction and supervision of the Chairman.
Office of Media Relations - informs the news media of FCC decisions and serves as the Commission´s main point of contact with the media.
Office of Strategic Planning and Policy Analysis - works with the Chairman, Commissioners, Bureaus and Offices to develop strategic plans identifying policy objectives for the agency.
Office of Work Place Diversity - advises the Commission on all issues related to workforce diversity, affirmative recruitment and equal employment opportunity.
As you can see the activities of this agency like others affects every individual with the decisions and policies that are enacted or enforced by this agency. The rules and regulations of this agency are codified in Title 47 of the Federal Regulations (CFR). They are initially published in the Federal Register after October 1 of each year. The GPO compiles all the changes, additions, and deletions to the FCC rules and publishes an updated CFR. The agency does not maintain a database of its rules nor does it print or stock copies of the rules and regulations. If an individual wishes to obtain a copy of these rules and regulations they can be ordered through the government printing office.
As stated in the beginning of this article the intention was to bring about a better understanding of the operations of this important agency. As can be seen in the long list of bureaus and offices and their responsibilities this agency and its operations can be a complicated process to understand. The mission of this agency is an important one and it is critical that the right decisions be made regarding issues that affect every individual as they are brought to the attention of the agency. One of the issues that this agency faces, I believe, involves the constitutional right of free speech identified in the first amendment to the Constitution.
One of the freedoms we currently have in this country is our right to tune in to programs that interest us. Those that provide news and opinions with which we relate are important. While some say that both sides of an issue need to be provided with which I agree there is ample opportunity for this to occur. The numerous opportunities available to voice opinion have increased dramatically with the technological changes we have experienced worldwide. Those providing opportunities through programs of all types operate to make a profit. If there are mandates to provide more than one perspective for a given media outlet it could force these organizations to lose money. This agency as previously stated in a significant one and it is good that it is bi-partisan as identified in its charter. Issues decided by this agency should take into account the impact of those decisions. I agree that many times there are actions by organizations which violate the laws currently on the books and it is the responsibility of this agency to enforce the law as it relates to their responsibilities and authority.
The complexity of this agency like many others within the government makes it sometimes hard to understand. This article is an attempt to help cut through the various offices and bureaus which make up this agency. One last point to make is that agencies and departments of the government are comprised of individuals who are tasked with the responsibilities to enforce their rules and laws. It is not the agency that makes the individuals who work for them but the individuals who make what an agency or department represents. Individuals in all walks of life have an impact on others and government agencies and departments are no different. Those who work in government agencies or departments whether at the local, state or federal level create the impression the public perceives of the work being accomplished.
It is important for individuals to consider the decisions they make as part of these agencies and departments and how the public would react to them. Changes in the scope or responsibilities of government agencies and departments are always going to occur. The public perception of an agency will change for the better or worse dependent upon the changes implemented. Government entities must always examine if their actions or changes impact constitutional rights and make appropriate changes in their policies and decisions. Recent events will cause a change in the way this commission will operate in the future. Currently there is legislation being process called Local Community Radio Act of 2009. While it is not yet enacted into law it will change the face of the radio industry as it is today. The current details of this legislation project a worthy objective. One portion of this law will remove the restriction of how many radio stations can be licensed in a geographic area. Granted the intention is to allow more low power radio stations which I think is an admirable cause. Discussion of this legislation will be the subject of another article.
The Federal Communications Commission is comprised of five (5) commissioners appointed by the President and confirmed by the Senate for a 5-year term. The chairman is designated by the President. This is a bi-partisan commission as only three members can be of the same political party. This is a good thing. There are a number of bureaus and offices as part of this commission and the commissioners delegate management and administrative responsibility to the Managing Director. The commissioners supervise all FCC activities and delegate responsibilities to staff units and bureaus. A list of the bureaus and offices and a brief description of their responsibilities are provided below:
Consumer and Government Affairs Bureau - educates and informs consumers about telecommunications goods and services and engages their input to help guide the work of the Commission. CGB coordinates telecommunications policy efforts with industry and with other governmental agencies — federal, tribal, state and local — in serving the public interest.
Enforcement Bureau - enforces the Communications Act, as well as the Commission´s rules, orders and authorizations.
International Bureau - represents the Commission in satellite and international matters.
Media Bureau - regulates AM, FM radio and television broadcast stations, as well as cable television and satellite services.
Wireless Telecommunications - oversees cellular and PCS phones, pagers and two-way radios. This Bureau also regulates the use of radio spectrum to fulfill the communications needs of businesses, aircraft and ship operators, and individuals.
Public Safety and Homeland Security Bureau - addresses public safety, homeland security, national security, emergency management and preparedness, disaster management, and other related issues.
Wireline Competition Bureau - responsible for rules and policies concerning telephone companies that provide interstate, and under certain circumstances intrastate, telecommunications services to the public through the use of wire-based transmission facilities (i.e., corded/cordless telephones).
Office of Administrative Judges - presides over hearings, and issues Initial Decisions
Office of Communications Business Opportunities - provides advice to the Commission on issues and policies concerning opportunities for ownership by small, minority and women-owned communications businesses.
Office of Engineering and Technology - allocates spectrum for non-Government use and provides expert advice on technical issues before the Commission.
Office of the General Council - serves as chief legal advisor to the Commission's various Bureaus and Offices.
Office of Inspector General - conducts and supervises audits and investigations relating to the operations of the Commission.
Office of Legislative Affairs - is the Commission´s main point of contact with Congress.
Office of the Managing Director - functions as a chief operating official, serving under the direction and supervision of the Chairman.
Office of Media Relations - informs the news media of FCC decisions and serves as the Commission´s main point of contact with the media.
Office of Strategic Planning and Policy Analysis - works with the Chairman, Commissioners, Bureaus and Offices to develop strategic plans identifying policy objectives for the agency.
Office of Work Place Diversity - advises the Commission on all issues related to workforce diversity, affirmative recruitment and equal employment opportunity.
As you can see the activities of this agency like others affects every individual with the decisions and policies that are enacted or enforced by this agency. The rules and regulations of this agency are codified in Title 47 of the Federal Regulations (CFR). They are initially published in the Federal Register after October 1 of each year. The GPO compiles all the changes, additions, and deletions to the FCC rules and publishes an updated CFR. The agency does not maintain a database of its rules nor does it print or stock copies of the rules and regulations. If an individual wishes to obtain a copy of these rules and regulations they can be ordered through the government printing office.
As stated in the beginning of this article the intention was to bring about a better understanding of the operations of this important agency. As can be seen in the long list of bureaus and offices and their responsibilities this agency and its operations can be a complicated process to understand. The mission of this agency is an important one and it is critical that the right decisions be made regarding issues that affect every individual as they are brought to the attention of the agency. One of the issues that this agency faces, I believe, involves the constitutional right of free speech identified in the first amendment to the Constitution.
One of the freedoms we currently have in this country is our right to tune in to programs that interest us. Those that provide news and opinions with which we relate are important. While some say that both sides of an issue need to be provided with which I agree there is ample opportunity for this to occur. The numerous opportunities available to voice opinion have increased dramatically with the technological changes we have experienced worldwide. Those providing opportunities through programs of all types operate to make a profit. If there are mandates to provide more than one perspective for a given media outlet it could force these organizations to lose money. This agency as previously stated in a significant one and it is good that it is bi-partisan as identified in its charter. Issues decided by this agency should take into account the impact of those decisions. I agree that many times there are actions by organizations which violate the laws currently on the books and it is the responsibility of this agency to enforce the law as it relates to their responsibilities and authority.
The complexity of this agency like many others within the government makes it sometimes hard to understand. This article is an attempt to help cut through the various offices and bureaus which make up this agency. One last point to make is that agencies and departments of the government are comprised of individuals who are tasked with the responsibilities to enforce their rules and laws. It is not the agency that makes the individuals who work for them but the individuals who make what an agency or department represents. Individuals in all walks of life have an impact on others and government agencies and departments are no different. Those who work in government agencies or departments whether at the local, state or federal level create the impression the public perceives of the work being accomplished.
It is important for individuals to consider the decisions they make as part of these agencies and departments and how the public would react to them. Changes in the scope or responsibilities of government agencies and departments are always going to occur. The public perception of an agency will change for the better or worse dependent upon the changes implemented. Government entities must always examine if their actions or changes impact constitutional rights and make appropriate changes in their policies and decisions. Recent events will cause a change in the way this commission will operate in the future. Currently there is legislation being process called Local Community Radio Act of 2009. While it is not yet enacted into law it will change the face of the radio industry as it is today. The current details of this legislation project a worthy objective. One portion of this law will remove the restriction of how many radio stations can be licensed in a geographic area. Granted the intention is to allow more low power radio stations which I think is an admirable cause. Discussion of this legislation will be the subject of another article.
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