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{{Organization | |||
|OrganizationName=Federal Communications Commission | |||
|OrganizationType=Regulatory Commissions | |||
|Mission=To regulate interstate and international communications by radio, television, wire, satellite, and cable. The FCC aims to promote competition, innovation, and investment in broadband services, protect and empower consumers, and ensure a vibrant, equitable, and accessible communications marketplace. | |||
|CreationLegislation=Communications Act of 1934 | |||
|Employees=1490 | |||
|Budget=$388 million (Fiscal Year 2023) | |||
|OrganizationExecutive=Chairperson | |||
|Services=Spectrum management; Broadcasting regulation; Telecommunications regulation; Consumer protection; Media policy | |||
|HeadquartersLocation=38.90353, -77.00708 | |||
|HeadquartersAddress=45 L Street NE, Washington, DC 20554 | |||
|Website=https://www.fcc.gov | |||
}} | |||
{{Short description|Independent U.S. government agency}} | {{Short description|Independent U.S. government agency}} | ||
{{Infobox government agency | {{Infobox government agency | ||
| agency_name = Federal Communications Commission | | agency_name = Federal Communications Commission | ||
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| coordinates = {{coord|38|54|12|N|77|0|26|W|type:landmark_region:US-DC|display=inline,title}} | | coordinates = {{coord|38|54|12|N|77|0|26|W|type:landmark_region:US-DC|display=inline,title}} | ||
| employees = 1,482 (2020) | | employees = 1,482 (2020) | ||
| budget = | | budget = US$388 million (FY 2022, requested) | ||
| chief1_name = [[Jessica Rosenworcel]] | | chief1_name = [[Jessica Rosenworcel]] | ||
| chief1_position = [[List of chairmen of the Federal Communications Commission|Chairwoman]] | | chief1_position = [[List of chairmen of the Federal Communications Commission|Chairwoman]] | ||
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*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<ref>{{cite web |title=FCC Opens Office of Economics and Analytics |date=December 11, 2018 |url=https://www.fcc.gov/document/fcc-opens-office-economics-and-analytics |access-date=December 10, 2021 |archive-date=December 10, 2021 |archive-url=https://web.archive.org/web/20211210183544/https://www.fcc.gov/document/fcc-opens-office-economics-and-analytics |url-status=live }}</ref> by merging staff from the now defunct Office of Strategic Planning & Policy Analysis with economists dispersed throughout various other offices. | *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<ref>{{cite web |title=FCC Opens Office of Economics and Analytics |date=December 11, 2018 |url=https://www.fcc.gov/document/fcc-opens-office-economics-and-analytics |access-date=December 10, 2021 |archive-date=December 10, 2021 |archive-url=https://web.archive.org/web/20211210183544/https://www.fcc.gov/document/fcc-opens-office-economics-and-analytics |url-status=live }}</ref> 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. | *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 [[Telecommunications company|telecommunications]] 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 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 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. | ||
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| [[Eugene O. Sykes]] | | [[Eugene O. Sykes]] | ||
| [[Mississippi]] | | [[Mississippi]] | ||
| {{party shading/Democratic}}| | | {{party shading/Democratic}}|Democratic | ||
| Chairman | | Chairman | ||
| <ref>Commissioner from March 9, 1935</ref> | | <ref>Commissioner from March 9, 1935</ref> | ||
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| [[Paul A. Walker (FCC chairman)|Paul A. Walker]] | | [[Paul A. Walker (FCC chairman)|Paul A. Walker]] | ||
| [[Oklahoma]] | | [[Oklahoma]] | ||
| {{party shading/Democratic}}| | | {{party shading/Democratic}}|Democratic | ||
| Commissioner | | Commissioner | ||
| <ref>Acting Chairman Nov 3, 1947 – Dec 28, 1947, Chairman Feb 28, 1952 – Apr 17, 1953</ref> | | <ref>Acting Chairman Nov 3, 1947 – Dec 28, 1947, Chairman Feb 28, 1952 – Apr 17, 1953</ref> | ||
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| [[Irvin Stewart]] | | [[Irvin Stewart]] | ||
| [[Texas]] | | [[Texas]] | ||
| {{party shading/Democratic}}| | | {{party shading/Democratic}}|Democratic | ||
| colspan=2|Commissioner | | colspan=2|Commissioner | ||
| July 11, 1934 | | July 11, 1934 | ||
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| [[Hampson Gary]] | | [[Hampson Gary]] | ||
| [[Texas]] | | [[Texas]] | ||
| {{party shading/Democratic}}| | | {{party shading/Democratic}}|Democratic | ||
| colspan=2|Commissioner | | colspan=2|Commissioner | ||
| July 11, 1934 | | July 11, 1934 | ||
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|- | |- | ||
| [[Eugene Octave Sykes]] | | [[Eugene Octave Sykes]] | ||
| {{party shading/Democratic}}| | | {{party shading/Democratic}}|Democratic | ||
| July 11, 1934 | | July 11, 1934 | ||
| April 5, 1939 | | April 5, 1939 | ||
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| [[Thad H. Brown]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 11, 1934 || June 30, 1940 | | [[Thad H. Brown]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 11, 1934 || June 30, 1940 | ||
|- | |- | ||
| [[Paul A. Walker (FCC chairman)|Paul A. Walker]] || {{party shading/Democratic}}| | | [[Paul A. Walker (FCC chairman)|Paul A. Walker]] || {{party shading/Democratic}}|Democratic || July 11, 1934 || June 30, 1953 | ||
|- | |- | ||
| [[Norman S. Case]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 11, 1934 || June 30, 1937 | | [[Norman S. Case]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 11, 1934 || June 30, 1937 | ||
|- | |- | ||
| [[Irvin Stewart]] || {{party shading/Democratic}}| | | [[Irvin Stewart]] || {{party shading/Democratic}}|Democratic || July 11, 1934 || June 30, 1937 | ||
|- | |- | ||
| [[George Henry Payne]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 11, 1934 || June 30, 1943 | | [[George Henry Payne]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 11, 1934 || June 30, 1943 | ||
|- | |- | ||
| [[Hampson Gary]] || rowspan=7 {{party shading/Democratic}}| | | [[Hampson Gary]] || rowspan=7 {{party shading/Democratic}}|Democratic || July 11, 1934 || January 1, 1935 | ||
|- | |- | ||
| [[Anning Smith Prall]] || January 17, 1935 || July 23, 1937 | | [[Anning Smith Prall]] || January 17, 1935 || July 23, 1937 | ||
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| [[Ray C. Wakefield]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || March 22, 1941 || June 30, 1947 | | [[Ray C. Wakefield]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || March 22, 1941 || June 30, 1947 | ||
|- | |- | ||
| [[Clifford Durr]] || {{party shading/Democratic}}| | | [[Clifford Durr]] || {{party shading/Democratic}}|Democratic || November 1, 1941 || June 30, 1948 | ||
|- | |- | ||
| [[E. K. Jett]] || {{party shading/Independent (US)}}|[[Independent (US)|Independent]] || February 15, 1944 || December 31, 1947 | | [[E. K. Jett]] || {{party shading/Independent (US)}}|[[Independent (US)|Independent]] || February 15, 1944 || December 31, 1947 | ||
|- | |- | ||
| [[Paul A. Porter]] || rowspan=2 {{party shading/Democratic}}| | | [[Paul A. Porter]] || rowspan=2 {{party shading/Democratic}}|Democratic || December 21, 1944 || February 25, 1946 | ||
|- | |- | ||
| [[Charles R. Denny]] || March 30, 1945 || October 31, 1947 | | [[Charles R. Denny]] || March 30, 1945 || October 31, 1947 | ||
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| [[Robert Franklin Jones]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || September 5, 1947 || September 19, 1952 | | [[Robert Franklin Jones]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || September 5, 1947 || September 19, 1952 | ||
|- | |- | ||
| [[Wayne Coy]] || {{party shading/Democratic}}| | | [[Wayne Coy]] || {{party shading/Democratic}}|Democratic || December 29, 1947 || February 21, 1952 | ||
|- | |- | ||
| [[George E. Sterling]]|| {{party shading/Republican}} |[[Republican Party (United States)|Republican]] || January 2, 1948 || September 30, 1954 | | [[George E. Sterling]]|| {{party shading/Republican}} |[[Republican Party (United States)|Republican]] || January 2, 1948 || September 30, 1954 | ||
|- | |- | ||
| [[Frieda B. Hennock]] || rowspan=3 {{party shading/Democratic}}| | | [[Frieda B. Hennock]] || rowspan=3 {{party shading/Democratic}}|Democratic || July 6, 1948 || June 30, 1955 | ||
|- | |- | ||
| [[Robert T. Bartley]] || March 6, 1952 || June 30, 1972 | | [[Robert T. Bartley]] || March 6, 1952 || June 30, 1972 | ||
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| [[Frederick W. Ford]] || August 29, 1957 || December 31, 1964 | | [[Frederick W. Ford]] || August 29, 1957 || December 31, 1964 | ||
|- | |- | ||
| [[John S. Cross]]|| {{party shading/Democratic}} | | | [[John S. Cross]]|| {{party shading/Democratic}} |Democratic || May 23, 1958 || September 30, 1962 | ||
|- | |- | ||
| [[Charles H. King]]|| {{party shading/Republican}} |[[Republican Party (United States)|Republican]] || July 19, 1960 || March 2, 1961 | | [[Charles H. King]]|| {{party shading/Republican}} |[[Republican Party (United States)|Republican]] || July 19, 1960 || March 2, 1961 | ||
|- | |- | ||
| [[Newton N. Minow]] || rowspan=4 {{party shading/Democratic}}| | | [[Newton N. Minow]] || rowspan=4 {{party shading/Democratic}}|Democratic || March 2, 1961 || June 1, 1963 | ||
|- | |- | ||
| [[E. William Henry]] || October 2, 1962 || May 1, 1966 | | [[E. William Henry]] || October 2, 1962 || May 1, 1966 | ||
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| [[James Jeremiah Wadsworth]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || May 5, 1965 || October 31, 1969 | | [[James Jeremiah Wadsworth]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || May 5, 1965 || October 31, 1969 | ||
|- | |- | ||
| [[Nicholas Johnson]] || rowspan=2 {{party shading/Democratic}}| | | [[Nicholas Johnson]] || rowspan=2 {{party shading/Democratic}}|Democratic || July 1, 1966 || December 5, 1973 | ||
|- | |- | ||
| [[H. Rex Lee]] || October 28, 1968 || December 5, 1973 | | [[H. Rex Lee]] || October 28, 1968 || December 5, 1973 | ||
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| [[Richard E. Wiley]] || January 5, 1972 || October 13, 1977 | | [[Richard E. Wiley]] || January 5, 1972 || October 13, 1977 | ||
|- | |- | ||
| [[Benjamin Hooks]] || rowspan=3 {{party shading/Democratic}}| | | [[Benjamin Hooks]] || rowspan=3 {{party shading/Democratic}}|Democratic || July 5, 1972 || July 25, 1977 | ||
|- | |- | ||
| [[James Henry Quello]] || April 30, 1974 || November 1, 1997 | | [[James Henry Quello]] || April 30, 1974 || November 1, 1997 | ||
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| [[Abbott M. Washburn]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 10, 1974 || October 1, 1982 | | [[Abbott M. Washburn]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 10, 1974 || October 1, 1982 | ||
|- | |- | ||
| [[Joseph R. Fogarty]] || {{party shading/Democratic}}| | | [[Joseph R. Fogarty]] || {{party shading/Democratic}}|Democratic || September 17, 1976 || June 30, 1983 | ||
|- | |- | ||
| [[Margita White]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || September 23, 1976 || February 28, 1979 | | [[Margita White]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || September 23, 1976 || February 28, 1979 | ||
|- | |- | ||
| [[Charles D. Ferris]] || rowspan=2 {{party shading/Democratic}}| | | [[Charles D. Ferris]] || rowspan=2 {{party shading/Democratic}}|Democratic || October 17, 1977 || April 10, 1981 | ||
|- | |- | ||
| [[Tyrone Brown (lawyer)|Tyrone Brown]] || November 15, 1977 || January 31, 1981 | | [[Tyrone Brown (lawyer)|Tyrone Brown]] || November 15, 1977 || January 31, 1981 | ||
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| [[Mimi Weyforth Dawson]] || July 6, 1981 || December 3, 1987 | | [[Mimi Weyforth Dawson]] || July 6, 1981 || December 3, 1987 | ||
|- | |- | ||
| [[Henry M. Rivera]] || {{party shading/Democratic}}| | | [[Henry M. Rivera]] || {{party shading/Democratic}}|Democratic || August 10, 1981 || September 15, 1985 | ||
|- | |- | ||
| [[Stephen A. Sharp]] || rowspan=2 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || October 4, 1982 || June 30, 1983 | | [[Stephen A. Sharp]] || rowspan=2 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || October 4, 1982 || June 30, 1983 | ||
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| [[Dennis R. Patrick]] || December 2, 1983 || April 17, 1987 | | [[Dennis R. Patrick]] || December 2, 1983 || April 17, 1987 | ||
|- | |- | ||
| [[Patricia Diaz Dennis]] || {{party shading/Democratic}}| | | [[Patricia Diaz Dennis]] || {{party shading/Democratic}}|Democratic || June 25, 1986 || September 29, 1989 | ||
|- | |- | ||
| [[Alfred C. Sikes]] || rowspan=3 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || August 8, 1989 || January 19, 1993 | | [[Alfred C. Sikes]] || rowspan=3 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || August 8, 1989 || January 19, 1993 | ||
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| [[Andrew C. Barrett]] || September 8, 1989 || March 30, 1996 | | [[Andrew C. Barrett]] || September 8, 1989 || March 30, 1996 | ||
|- | |- | ||
| [[Ervin Duggan]] || rowspan=3 {{party shading/Democratic}}| | | [[Ervin Duggan]] || rowspan=3 {{party shading/Democratic}}|Democratic || February 28, 1990 || January 30, 1994 | ||
|- | |- | ||
| [[Reed Hundt]] || November 29, 1993 || November 3, 1997 | | [[Reed Hundt]] || November 29, 1993 || November 3, 1997 | ||
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| [[Rachelle B. Chong]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || May 23, 1994 || November 3, 1997 | | [[Rachelle B. Chong]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || May 23, 1994 || November 3, 1997 | ||
|- | |- | ||
| [[William Kennard]] || {{party shading/Democratic}}| | | [[William Kennard]] || {{party shading/Democratic}}|Democratic || November 3, 1997 || January 19, 2001 | ||
|- | |- | ||
| [[Harold W. Furchtgott-Roth]] || rowspan=2 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || November 3, 1997 || May 30, 2001 | | [[Harold W. Furchtgott-Roth]] || rowspan=2 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || November 3, 1997 || May 30, 2001 | ||
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| [[Michael Powell (lobbyist)|Michael Powell]] || November 3, 1997 || March 17, 2005 | | [[Michael Powell (lobbyist)|Michael Powell]] || November 3, 1997 || March 17, 2005 | ||
|- | |- | ||
| [[Gloria Tristani]] || {{party shading/Democratic}}| | | [[Gloria Tristani]] || {{party shading/Democratic}}|Democratic || November 3, 1997 || September 7, 2001 | ||
|- | |- | ||
| [[Kathleen Q. Abernathy]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || May 31, 2001 || December 9, 2005 | | [[Kathleen Q. Abernathy]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || May 31, 2001 || December 9, 2005 | ||
|- | |- | ||
| [[Michael Copps]] || {{party shading/Democratic}}| | | [[Michael Copps]] || {{party shading/Democratic}}|Democratic || May 31, 2001 || December 31, 2011 | ||
|- | |- | ||
| [[Kevin Martin (FCC)|Kevin Martin]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 3, 2001 || January 19, 2009 | | [[Kevin Martin (FCC)|Kevin Martin]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 3, 2001 || January 19, 2009 | ||
|- | |- | ||
| [[Jonathan Adelstein]] || {{party shading/Democratic}}| | | [[Jonathan Adelstein]] || {{party shading/Democratic}}|Democratic || December 3, 2002 || June 29, 2009 | ||
|- | |- | ||
| [[Deborah Tate]] || rowspan=2 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || January 3, 2006 || January 3, 2009 | | [[Deborah Tate]] || rowspan=2 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || January 3, 2006 || January 3, 2009 | ||
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| [[Robert M. McDowell]] || June 1, 2006 || May 17, 2013 | | [[Robert M. McDowell]] || June 1, 2006 || May 17, 2013 | ||
|- | |- | ||
| [[Julius Genachowski]] || {{party shading/Democratic}}| | | [[Julius Genachowski]] || {{party shading/Democratic}}|Democratic || June 29, 2009 || May 17, 2013 | ||
|- | |- | ||
| [[Meredith Attwell Baker]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 31, 2009 || June 3, 2011 | | [[Meredith Attwell Baker]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || July 31, 2009 || June 3, 2011 | ||
|- | |- | ||
| [[Mignon Clyburn]] || rowspan=2 {{party shading/Democratic}}| | | [[Mignon Clyburn]] || rowspan=2 {{party shading/Democratic}}|Democratic || August 3, 2009 || June 6, 2018 | ||
|- | |- | ||
| [[Jessica Rosenworcel]] || May 11, 2012 || Present | | [[Jessica Rosenworcel]] || May 11, 2012 || Present | ||
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| [[Ajit Pai]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || May 14, 2012 || January 20, 2021 | | [[Ajit Pai]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || May 14, 2012 || January 20, 2021 | ||
|- | |- | ||
| [[Tom Wheeler]] || {{party shading/Democratic}}| | | [[Tom Wheeler]] || {{party shading/Democratic}}|Democratic || November 4, 2013 || January 20, 2017 | ||
|- | |- | ||
| [[Michael O'Rielly]] || rowspan=2 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || November 4, 2013 || December 11, 2020 | | [[Michael O'Rielly]] || rowspan=2 {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || November 4, 2013 || December 11, 2020 | ||
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| [[Brendan Carr (lawyer)|Brendan Carr]] || August 11, 2017 || Present | | [[Brendan Carr (lawyer)|Brendan Carr]] || August 11, 2017 || Present | ||
|- | |- | ||
| [[Geoffrey Starks]] || {{party shading/Democratic}}| | | [[Geoffrey Starks]] || {{party shading/Democratic}}|Democratic || January 30, 2019 || Present | ||
|- | |- | ||
| [[Nathan Simington]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || December 14, 2020 || Present | | [[Nathan Simington]] || {{party shading/Republican}}|[[Republican Party (United States)|Republican]] || December 14, 2020 || Present | ||
|- | |- | ||
| [[Anna M. Gomez]] || {{party shading/Democratic}}| | | [[Anna M. Gomez]] || {{party shading/Democratic}}|Democratic || September 25, 2023 || Present | ||
|} | |} | ||
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In terms of indecency fines, there was no action taken by the FCC on the case [[Federal Communications Commission v. Pacifica Foundation|FCC v. Pacifica]] until 1987, about ten years after the [[landmark decision|landmark]] [[Supreme Court of the United States|United States Supreme Court]] decision that defined the power of the FCC over [[Inappropriateness|indecent]] material as applied to broadcasting.<ref>{{Citation |last=Bensky |first=Larry |title=Living Room : Interview With Comedian George Carlin |publisher=Pacifica Radio Archives |date=June 4, 1997 |url=http://www.pacificaradioarchives.org/recording/pz031546 |access-date=February 18, 2014 |archive-date=February 4, 2015 |archive-url=https://web.archive.org/web/20150204034059/http://www.pacificaradioarchives.org/recording/pz031546 |url-status=live }}</ref><ref>{{Citation |last=Bensky |first=Larry |title=PZ0624b Radical Comedians Box Set DISC TWO |publisher=Pacifica Radio Archives |date=June 4, 1997 |url=https://archive.org/details/Pz0624bRadicalComediansBoxSetDiscTwo |access-date = February 18, 2014}}</ref> | In terms of indecency fines, there was no action taken by the FCC on the case [[Federal Communications Commission v. Pacifica Foundation|FCC v. Pacifica]] until 1987, about ten years after the [[landmark decision|landmark]] [[Supreme Court of the United States|United States Supreme Court]] decision that defined the power of the FCC over [[Inappropriateness|indecent]] material as applied to broadcasting.<ref>{{Citation |last=Bensky |first=Larry |title=Living Room : Interview With Comedian George Carlin |publisher=Pacifica Radio Archives |date=June 4, 1997 |url=http://www.pacificaradioarchives.org/recording/pz031546 |access-date=February 18, 2014 |archive-date=February 4, 2015 |archive-url=https://web.archive.org/web/20150204034059/http://www.pacificaradioarchives.org/recording/pz031546 |url-status=live }}</ref><ref>{{Citation |last=Bensky |first=Larry |title=PZ0624b Radical Comedians Box Set DISC TWO |publisher=Pacifica Radio Archives |date=June 4, 1997 |url=https://archive.org/details/Pz0624bRadicalComediansBoxSetDiscTwo |access-date = February 18, 2014}}</ref> | ||
After the 1990s had passed, the FCC began to increase its [[Censorship in the United States#Broadcast censorship|censorship and enforcement of indecency regulations]] in the early 2000s to include a response to the [[Janet Jackson]] "[[Super Bowl XXXVIII halftime show controversy|wardrobe malfunction]]" that occurred during the halftime show of [[Super Bowl XXXVIII]].<ref name="apologeticjackson">{{cite news |author=[[Nekesa Mumbi Moody]] |date=February 3, 2004 |title=Janet Jackson Apologizes for Bared Breast |agency= | After the 1990s had passed, the FCC began to increase its [[Censorship in the United States#Broadcast censorship|censorship and enforcement of indecency regulations]] in the early 2000s to include a response to the [[Janet Jackson]] "[[Super Bowl XXXVIII halftime show controversy|wardrobe malfunction]]" that occurred during the halftime show of [[Super Bowl XXXVIII]].<ref name="apologeticjackson">{{cite news |author=[[Nekesa Mumbi Moody]] |date=February 3, 2004 |title=Janet Jackson Apologizes for Bared Breast |agency=Associated Press |url=http://customwire.ap.org/dynamic/stories/S/SUPER_BOWL_JACKSON?SITE=MAHYC&SECTION=BUSINESS&TEMPLATE=DEFAULT |archive-url=https://web.archive.org/web/20040203025228/http://customwire.ap.org/dynamic/stories/S/SUPER_BOWL_JACKSON?SITE=MAHYC&SECTION=BUSINESS&TEMPLATE=DEFAULT |archive-date=February 3, 2004}}</ref> | ||
Then on June 15, 2006, President | Then on June 15, 2006, President George W. Bush signed into law the [[Broadcast Decency Enforcement Act of 2005]] sponsored by then-Senator [[Sam Brownback]], a former broadcaster himself, and endorsed by [[Congress of the united States|Congressman]] [[Fred Upton]] of [[Michigan]] who authored a similar bill in the [[United States House of Representatives]]. The new law stiffens the penalties for each violation of the Act. The Federal Communications Commission will be able to impose fines in the amount of $325,000 for each violation by each station that violates decency standards. The legislation raised the fine ten times over the previous maximum of $32,500 per violation.<ref>{{cite news |url=https://www.washingtonpost.com/wp-dyn/content/article/2006/06/07/AR2006060700287.html |title=The Price for On-Air Indecency Goes Up |last=Ahrens |first=Frank |date=June 8, 2006 |newspaper=[[The Washington Post]] |access-date=June 27, 2009 |archive-date=September 22, 2017 |archive-url=https://web.archive.org/web/20170922210031/http://www.washingtonpost.com/wp-dyn/content/article/2006/06/07/AR2006060700287.html |url-status=live }}</ref><ref>{{cite web |title=Bill Number S. 193 |work=Broadcast Decency Enforcement Act of 2005 (Introduced in Senate) from Congressional THOMAS DB |url=http://www.congress.org/congressorg/bill.xc?billnum=S.193&congress=109 |access-date=April 11, 2005 |url-status=dead |archive-url=https://web.archive.org/web/20050916182346/http://www.congress.org/congressorg/bill.xc?billnum=S.193&congress=109 |archive-date=September 16, 2005 |df=mdy-all}}</ref> | ||
===Media ownership=== | ===Media ownership=== | ||
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In 2005, the FCC formally established the following principles: To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, Consumers are entitled to access the lawful Internet content of their choice; Consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement; Consumers are entitled to connect their choice of legal devices that do not harm the network; Consumers are entitled to competition among network providers, application and service providers, and content providers. However, broadband providers were permitted to engage in "reasonable network management."<ref>{{cite journal |last1=Jordan |first1=Scott |last2=Ghosh |first2=Arijit |title=How to determine whether a traffic management practice is reasonable |journal=SSRN |date=2009 |url=: https://ssrn.com/abstract=1999845 |access-date=2 June 2024}}</ref> | In 2005, the FCC formally established the following principles: To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, Consumers are entitled to access the lawful Internet content of their choice; Consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement; Consumers are entitled to connect their choice of legal devices that do not harm the network; Consumers are entitled to competition among network providers, application and service providers, and content providers. However, broadband providers were permitted to engage in "reasonable network management."<ref>{{cite journal |last1=Jordan |first1=Scott |last2=Ghosh |first2=Arijit |title=How to determine whether a traffic management practice is reasonable |journal=SSRN |date=2009 |url=: https://ssrn.com/abstract=1999845 |access-date=2 June 2024}}</ref> | ||
On August 1, 2008, the FCC formally voted 3-to-2 to uphold a complaint against [[Comcast]], the largest cable company in the US, ruling that it had illegally inhibited users of its high-speed Internet service from using [[file-sharing]] software. The FCC imposed no fine, but required Comcast to end such blocking in 2008. FCC chairman [[Kevin J. Martin]] said the order was meant to set a precedent that Internet providers, and indeed all communications companies, could not prevent customers from using their networks the way they see fit unless there is a good reason. In an interview Martin stated that "We are preserving the open character of the Internet" and "We are saying that network operators can't block people from getting access to any content and any applications." Martin's successor, [[Julius Genachowski]] has maintained that the FCC has no plans to regulate the internet, saying: "I've been clear repeatedly that we're not going to regulate the Internet."<ref>[http://reason.com/archives/2010/04/05/the-fcc-doesnt-need-to-be The FCC Doesn't Need to Be] {{Webarchive|url=https://web.archive.org/web/20100407120655/http://reason.com/archives/2010/04/05/the-fcc-doesnt-need-to-be |date=April 7, 2010 }} by Peter Suderman, ''[[Reason Magazine|Reason]]''</ref> The Comcast case highlighted broader issues of whether new legislation is needed to force Internet providers to maintain [[net neutrality]], i.e. treat all uses of their networks equally. The legal complaint against [[Comcast]] related to [[BitTorrent (protocol)|BitTorrent]], software that is commonly used for downloading larger files.<ref>{{cite news |url=https://www.nytimes.com/2008/08/02/technology/02fcc.html |title=F.C.C. Vote Sets Precedent on Unfettered Web Usage |work= | On August 1, 2008, the FCC formally voted 3-to-2 to uphold a complaint against [[Comcast]], the largest cable company in the US, ruling that it had illegally inhibited users of its high-speed Internet service from using [[file-sharing]] software. The FCC imposed no fine, but required Comcast to end such blocking in 2008. FCC chairman [[Kevin J. Martin]] said the order was meant to set a precedent that Internet providers, and indeed all communications companies, could not prevent customers from using their networks the way they see fit unless there is a good reason. In an interview Martin stated that "We are preserving the open character of the Internet" and "We are saying that network operators can't block people from getting access to any content and any applications." Martin's successor, [[Julius Genachowski]] has maintained that the FCC has no plans to regulate the internet, saying: "I've been clear repeatedly that we're not going to regulate the Internet."<ref>[http://reason.com/archives/2010/04/05/the-fcc-doesnt-need-to-be The FCC Doesn't Need to Be] {{Webarchive|url=https://web.archive.org/web/20100407120655/http://reason.com/archives/2010/04/05/the-fcc-doesnt-need-to-be |date=April 7, 2010 }} by Peter Suderman, ''[[Reason Magazine|Reason]]''</ref> The Comcast case highlighted broader issues of whether new legislation is needed to force Internet providers to maintain [[net neutrality]], i.e. treat all uses of their networks equally. The legal complaint against [[Comcast]] related to [[BitTorrent (protocol)|BitTorrent]], software that is commonly used for downloading larger files.<ref>{{cite news |url=https://www.nytimes.com/2008/08/02/technology/02fcc.html |title=F.C.C. Vote Sets Precedent on Unfettered Web Usage |work=The New York Times |first=Saul |last=Hansell |date=August 2, 2008 |access-date=February 21, 2017 |archive-date=October 4, 2017 |archive-url=https://web.archive.org/web/20171004140445/http://www.nytimes.com/2008/08/02/technology/02fcc.html |url-status=live }}</ref> | ||
In December 2010, the FCC revised the principles from the original Internet policy statement and adopted the Open Internet Order consisting of three rules<ref>{{cite web |url=https://www.fcc.gov/rulemaking/09-191 |title=Preserving the Open Internet |work=fcc.gov |url-status=dead |archive-url=https://web.archive.org/web/20140427204911/http://www.fcc.gov/rulemaking/09-191 |archive-date=April 27, 2014 |df=mdy-all}}</ref> regarding the Internet: '''Transparency'''. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services; '''No blocking'''. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful websites, or block applications that compete with their voice or video telephony services; and '''No unreasonable discrimination'''. | In December 2010, the FCC revised the principles from the original Internet policy statement and adopted the Open Internet Order consisting of three rules<ref>{{cite web |url=https://www.fcc.gov/rulemaking/09-191 |title=Preserving the Open Internet |work=fcc.gov |url-status=dead |archive-url=https://web.archive.org/web/20140427204911/http://www.fcc.gov/rulemaking/09-191 |archive-date=April 27, 2014 |df=mdy-all}}</ref> regarding the Internet: '''Transparency'''. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services; '''No blocking'''. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful websites, or block applications that compete with their voice or video telephony services; and '''No unreasonable discrimination'''. |
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