Communications Act of 1934

The Act emerged from President Roosevelt's request for a single agency to regulate all forms of communication. The Communications Act of 1934 replaced the Federal Radio Commission, which had been created by the Radio Act of 1927, and expanded federal authority to include wire communications. The Senate Interstate Commerce Committee, led by Senator Clarence Dill, played a key role in drafting the legislation. The Act was modeled on the Interstate Commerce Act and the Radio Act, and it was passed with broad bipartisan support. Its preamble declared that the FCC was created 'for the purpose of regulating interstate and foreign commerce in communication by wire and radio' to make available 'a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges.'

The Act is divided into titles: Title I establishes the FCC and its powers; Title II governs common carriers (telephone and telegraph); Title III covers radio broadcasting and licensing; Title IV contains procedural and administrative provisions; Title V sets penalties; Title VI (added later) addresses cable television; and Title VII includes miscellaneous provisions. The FCC is composed of five commissioners (originally seven) appointed by the President and confirmed by the Senate, with no more than three from the same political party. The Act grants the FCC authority to grant licenses 'if public convenience, interest, or necessity will be served thereby.' It also prohibits censorship of broadcast content, except for obscenity and indecency, and requires broadcasters to operate in the public interest. The Act's common carrier provisions require just and reasonable charges and prohibit unreasonable discrimination.

The Act has been amended numerous times to address technological changes. The Telecommunications Act of 1996 was the most significant overhaul, aiming to open markets to competition and promote deregulation. Other notable amendments include the Cable Communications Policy Act of 1984, the Satellite Home Viewer Act of 1988, and the Communications Assistance for Law Enforcement Act (CALEA) of 1994. The Act's definition of 'telecommunications' was updated in 1996 to distinguish between telecommunications services and information services. The FCC's authority has been extended to the internet, though the Act's original language has been interpreted to apply to broadband. The Act also established the framework for universal service, which was later expanded to include internet access.

The Act includes provisions that are rarely discussed. Section 315, the equal-time rule, requires broadcasters to give equal opportunities to political candidates. Section 312(a)(7) mandates that broadcasters provide reasonable access to federal candidates. The Act also created the concept of 'spectrum scarcity,' which the Supreme Court later used to justify broadcast regulation. A little-known provision, Section 606, grants the President emergency powers over communications during wartime. The Act's definition of 'radio' originally included all wireless transmissions, which later encompassed television and satellite. The FCC's authority over amateur radio operators is derived from the Act, and it has been used to regulate ham radio frequencies. The Act also established the principle of 'localism' in broadcasting, which has influenced licensing decisions.

FCC

Federal Communications Commission, the independent U.S. agency created by the Act.

Common carrier

A telecommunications provider that offers services to the public without discrimination.

Public interest, convenience, and necessity

The standard used by the FCC to evaluate license applications.

Telecommunications Act of 1996

Major amendment to the 1934 Act that promoted competition.