Misplaced Pages

#80919

71-491: In 2010, the FCC issued a notice of inquiry for a successor system to both tru2way and CableCARD , called AllVid , and has stated "We are not convinced that the tru2way solution will assure the development of a commercial retail market as directed by Congress." The service requires a digital television (DTV) that supports Tru2way and a CableCard port (for the decryption codes) but not a set-top box . Tru2way compatibility combines

142-591: A natural monopoly . The FCC controlled telephone rates and imposed other restrictions under Title II to limit the profits of AT&T and ensure nondiscriminatory pricing. In the 1960s, the FCC began allowing other long-distance companies, namely MCI, to offer specialized services. In the 1970s, the FCC allowed other companies to expand offerings to the public. A lawsuit in 1982 led by the Justice Department after AT&T underpriced other companies, resulted in

213-604: A "chief" that is appointed by the chair of the commission. Bureaus process applications for licenses and other filings, analyze complaints, conduct investigations, develop and implement regulations, and participate in hearings . The FCC has twelve staff offices. The FCC's offices provide support services to the bureaus. The FCC leases space in the Sentinel Square III building in northeast Washington, D.C. Prior to moving to its new headquarters in October 2020,

284-448: A commission, board, or similar collegial body consisting of five to seven members who share power over the agency. (This is why many independent agencies include the word "Commission" or "Board" in their name.) The president appoints the commissioners or board members , subject to Senate confirmation, but they often serve terms that are staggered and longer than a four-year presidential term, meaning that most presidents will not have

355-526: A narrower sense, the term independent agency refers only to these independent regulatory agencies that, while considered part of the executive branch, have rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics. Their officers can be protected from removal by

426-432: 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. 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

497-705: A new Federal Communications Commission, including in it also the telecommunications jurisdiction previously handled by the Interstate Commerce Commission. 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

568-410: A situation he found "perplexing". These efforts later were documented in a 2015 Harvard Case Study. In 2017, Christine Calvosa replaced Bray as the acting CIO of FCC. 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

639-545: 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 . The FCC was formed by the Communications Act of 1934 to replace

710-556: Is funded entirely by regulatory fees. It has an estimated fiscal-2022 budget of US $ 388 million. It has 1,482 federal employees as of July 2020. 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

781-711: The Broadcast Decency Enforcement Act of 2005 sponsored by then-Senator Sam Brownback , a former broadcaster himself, and endorsed by 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

SECTION 10

#1732801870081

852-908: The Securities and Exchange Commission , the Federal Reserve , the Commodity Futures Trading Commission , the Federal Deposit Insurance Corporation , and the Consumer Financial Protection Bureau . Generally, the heads of independent regulatory agencies can only be removed for cause, but Cabinet members and heads of independent executive agencies, such as the head of the Environmental Protection Agency , serve "at

923-504: 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. Commissioners may continue serving until the appointment of their replacements. However, they may not serve beyond

994-628: The United States government , independent agencies are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President . In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch , have regulatory or rulemaking authority and are insulated from presidential control, usually because

1065-494: The breakup of the Bell System from AT&T. Beginning in 1984, the FCC implemented a new goal that all long-distance companies had equal access to the local phone companies' customers. Effective January 1, 1984, the Bell System's many member-companies were variously merged into seven independent "Regional Holding Companies", also known as Regional Bell Operating Companies (RBOCs), or "Baby Bells". This divestiture reduced

1136-457: 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

1207-762: The Cable Communications Policy Act of 1984, and made substantial modifications to Title VI in the Cable Television and Consumer Protection and Competition Act of 1992. Further modifications to promote cross-modal competition (telephone, video, etc.) were made in the Telecommunications Act of 1996, leading to the current regulatory structure. Broadcast television and radio stations are subject to FCC regulations including restrictions against indecency or obscenity. The Supreme Court has repeatedly held, beginning soon after

1278-522: The FCC a legal basis for imposing net neutrality rules (see below), after earlier attempts to impose such rules on an "information service" had been overturned in court. 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

1349-587: The FCC in the newly created post of associate general counsel/chief diversity officer. Numerous controversies have surrounded the city of license concept as the internet has made it possible to broadcast a single signal to every owned station in the nation at once, particularly when Clear Channel, now IHeartMedia , became the largest FM broadcasting corporation in the US after the Telecommunications Act of 1996 became law - owning over 1,200 stations at its peak. As part of its license to buy more radio stations, Clear Channel

1420-437: 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. 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

1491-563: 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 m ) of space in Portals for 20 years, at a cost of $ 17.3 million per year in 1996 dollars. Prior to

SECTION 20

#1732801870081

1562-593: The FCC realized they weren't leading to an agreement, they issued the Two-Way F NPRM in June 2007 seeking comment on competing proposals. In the wake of the Two-Way FNPRM, the six largest cable operators and consumer electronics manufacturers negotiated a CableCARD-based agreement (tru2way) in 2008. In the FCC's 2010 AllVid notice of inquiry, the FCC stated "We are not convinced that the tru2way solution will assure

1633-403: The FCC said that nearly 55 million Americans did not have access to broadband capable of delivering high-quality voice, data, graphics and video offerings. On February 26, 2015, the FCC reclassified broadband Internet access as a telecommunications service, thus subjecting it to Title II regulation, although several exemptions were also created. The reclassification was done in order to give

1704-459: 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

1775-514: 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. 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

1846-460: 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

1917-567: 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 . In 1934, Congress passed the Communications Act , which abolished the Federal Radio Commission and transferred jurisdiction over radio licensing to

1988-645: The Tru2way platform because it was not based on open standards. Rogers stated they were considering a more Internet-oriented interactive platform. In December 2009, Vidéotron , Quebec's largest cable television provider, announced a partnership with Samsung to implement Canada's first Tru2way service. As of July 2010, Panasonic was the sole device manufacturer producing Tru2way compatible televisions. They then stated that they would no longer sell Tru2way compatible televisions. Federal Communications Commission The Federal Communications Commission ( FCC )

2059-492: The United States accelerated an already ongoing shift in the FCC towards a decidedly more market-oriented stance. A number of regulations felt to be outdated were removed, most controversially the Fairness Doctrine in 1987. In terms of indecency fines, there was no action taken by the FCC on the case FCC v. Pacifica until 1987, about ten years after the landmark United States Supreme Court decision that defined

2130-422: 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." Consistent with

2201-572: The book value of AT&T by approximately 70%. The FCC initially exempted "information services" such as broadband Internet access from regulation under Title II. The FCC held that information services were distinct from telecommunications services that are subject to common carrier regulation. However, Section 706 of the Telecommunications Act of 1996 required the FCC to help accelerate deployment of "advanced telecommunications capability" which included high-quality voice, data, graphics, and video, and to regularly assess its availability. In August 2015,

Tru2way - Misplaced Pages Continue

2272-444: The commission in 1934 comprised the following seven members: The complete list of commissioners is available on the FCC website. Frieda B. Hennock (D-NY) was the first female commissioner of the FCC in 1948. The FCC regulates broadcast stations, repeater stations as well as commercial broadcasting operators who operate and repair certain radiotelephone , radio and television stations. Broadcast licenses are to be renewed if

2343-613: The commissioners – the Appointments Clause of the Constitution vests that power in the president. The Senate does participate, however, in appointments through " advice and consent ", which occurs through confirmation hearings and votes on the president's nominees. These agencies are not represented in the cabinet and are not part of the Executive Office of the president: Although not officially part of

2414-414: The conversion, Congress established a federally sponsored DTV Converter Box Coupon Program for two free converters per household. The FCC regulates telecommunications services under Title II of the Communications Act of 1934. Title II imposes common carrier regulation under which carriers offering their services to the general public must provide services to all customers and may not discriminate based on

2485-427: The designated VHF channels, 2 through 13, were inadequate for nationwide television service. 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,

2556-538: The development of a commercial retail market as directed by Congress." Panasonic and Comcast announced a Tru2way trial to begin 27 October 2008 in Chicago , Denver , Northern Colorado and Colorado Springs . Abt Electronics and Ultimate Electronics offered a choice of 42" and 50" Panasonic Plasma televisions using Tru2way in these Comcast cable systems. These televisions went on sale for consumer purchase on 27 October 2008, but had to be installed professionally by

2627-421: 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

2698-413: The end of the next session of Congress following term expiration. 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. The FCC is organized into seven bureaus, each headed by

2769-489: The end of the digital television transition. After delaying the original deadlines of 2006, 2008, and eventually February 17, 2009, on concerns about elderly and rural folk, on June 12, 2009, all full-power analog terrestrial TV licenses in the U.S. were terminated as part of the DTV transition , leaving terrestrial television available only from digital channels and a few low-power LPTV stations. To help U.S. consumers through

2840-399: The federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. There is a further distinction between independent executive agencies and independent regulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress. The Paperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such as

2911-423: The fine ten times over the previous maximum of $ 32,500 per violation. The FCC has established rules limiting the national share of media ownership of broadcast radio or television stations. It has also established cross-ownership rules limiting ownership of a newspaper and broadcast station in the same market, in order to ensure a diversity of viewpoints in each market and serve the needs of each local market. In

Tru2way - Misplaced Pages Continue

2982-598: The first post-Freeze construction permits. KFEL (now KWGN-TV )'s first regular telecast was on July 21, 1952. 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. The development of

3053-415: The governing statute, but the functional differences have more legal significance. In reality, the high turnover rate among these commissioners or board members means that most presidents have the opportunity to fill enough vacancies to constitute a voting majority on each independent agency commission within the first two years of the first term as president. In some famous instances, presidents have found

3124-435: The house floor with bi-partisan support, and unanimous support of the FCC. 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. Restrictions on ownership of television stations were also loosened. Public comments to

3195-446: The identity of the customer or the content of the communication. This is similar to and adapted from the regulation of transportation providers (railroad, airline, shipping, etc.) and some public utilities. Wireless carriers providing telecommunications services are also generally subject to Title II regulation except as exempted by the FCC. The FCC regulates interstate telephone services under Title II. The Telecommunications Act of 1996

3266-712: The independent agencies more loyal and in lockstep with the president's wishes and policy objectives than some dissenters among the executive agency political appointments . Although Congress can pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies, if the independent agency exercises any executive powers like enforcement, and most of them do, Congress cannot reserve removal power over executive officers to itself. Constitutionally, Congress can only remove officers through impeachment proceedings. Members of Congress cannot serve as commissioners on independent agencies that have executive powers, nor can Congress itself appoint

3337-464: The interactive features of the STB into the television. CableLabs , the industry’s research and development arm, licenses the brand to cable companies and cable programmers that deliver tru2way applications and services, as well as consumer electronics (CE) manufacturers that build devices that support such applications and services. Use of the mark requires CableLabs certification testing for conformance to

3408-527: 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

3479-492: The move was done to improve the FCC's "coordination across the federal government" and to "support the 21st-century satellite industry." The decision to establish the Space Bureau was reportedly done to improve the agency's capacity to regulate Satellite Internet access . The new bureau officially launched on April 11, 2023. The commissioners of the FCC are: The initial group of FCC commissioners after establishment of

3550-439: 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." Independent agency of the United States government [REDACTED] [REDACTED] In

3621-503: The negative effects of media concentration and consolidation on racial-ethnic diversity in staffing and programming. At these Latino town hall meetings, the issue of the FCC's lax monitoring of obscene and pornographic material in Spanish-language radio and the lack of racial and national-origin diversity among Latino staff in Spanish-language television were other major themes. President Barack Obama appointed Mark Lloyd to

SECTION 50

#1732801870081

3692-482: 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

3763-473: 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. They are: Closing the Digital Divide, Promoting Innovation, Protecting Consumers & Public Safety, and Reforming the FCC's Processes. The FCC is directed by five commissioners appointed by the president of the United States and confirmed by

3834-442: The opportunity to appoint all the commissioners of a given independent agency. In addition, most independent agencies have a statutory requirement of bipartisan membership on the commission, so the president cannot simply fill vacancies with members of his own political party. The president can normally designate which commissioner will serve as the chairperson. Congress can designate certain agencies explicitly as "independent" in

3905-584: The passage of the Communications Act of 1934, that the inherent scarcity of radio spectrum allows the government to impose some types of content restrictions on broadcast license holders notwithstanding the First Amendment. Cable and satellite providers are also subject to some content regulations under Title VI of the Communications Act such as the prohibition on obscenity, although the limitations are not as restrictive compared to broadcast stations. The 1981 inauguration of Ronald Reagan as President of

3976-419: The pleasure of the president" and can be removed without cause. The degree to which the President has the power to use executive orders to set policy for independent executive agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. In

4047-473: The power of the FCC over indecent material as applied to broadcasting. After the 1990s had passed, the FCC began to increase its censorship and enforcement of indecency regulations in the early 2000s to include a response to the Janet Jackson " wardrobe malfunction " that occurred during the halftime show of Super Bowl XXXVIII . Then on June 15, 2006, President George W. Bush signed into law

4118-483: The power to remove officials from agencies that were "an arm or an eye of the executive", it upheld statutory limitations on the president's power to remove officers of administrative bodies that performed quasi-legislative or quasi-judicial functions, such as the Federal Trade Commission. Presidents normally do have the authority to remove regular executive agency heads at will , but they must meet

4189-443: The president's power to dismiss the agency head or a member is limited. Established through separate statutes passed by Congress , each respective statutory grant of authority defines the goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law. Independent agencies exist outside

4260-466: The president, they can be controlled by a board that cannot be appointed all at once, and the board can be required to be bipartisan. Presidential attempts to remove independent agency officials have generated most of the important Supreme Court legal opinions in this area. In 1935, the Supreme Court in the case of Humphrey's Executor v. United States decided that although the president had

4331-654: The radio regulation functions of the previous Federal Radio Commission . 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

SECTION 60

#1732801870081

4402-650: 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

4473-555: The retailers' installation group. In May 2008, Advanced Digital Broadcast (ADB) was the first set-top-box manufacturer to receive full tru2way certification for their ADB-4820C Set-Back Box . In June 2008, six major cable companies signed a "binding" memorandum of understanding (MOU) to have all of their digital cable systems ready for Tru2way by July 1, 2009. At the time none of those systems were ready to implement Tru2way. In October 2009, Rogers , one of Canada's largest cable television providers, stated they were not interested in

4544-960: The second half of 2006, groups such as the National Hispanic Media Coalition, the National Latino Media Council, the National Association of Hispanic Journalists, the National Institute for Latino Policy , the League of United Latin American Citizens (LULAC) and others held town hall meetings in California, New York and Texas on media diversity as its effects Latinos and minority communities. They documented widespread and deeply felt community concerns about

4615-435: The station meets the "public interest, convenience, or necessity". The FCC's enforcement powers include fines and broadcast license revocation (see FCC MB Docket 04-232). Burden of proof would be on the complainant in a petition to deny. The FCC first promulgated rules for cable television in 1965, with cable and satellite television now regulated by the FCC under Title VI of the Communications Act. Congress added Title VI in

4686-409: The statutory requirements for removal of commissioners of independent agencies, such as demonstrating incapacity, neglect of duty , malfeasance , or other good cause . While most executive agencies have a single director, administrator, or secretary appointed by the president of the United States , independent agencies (in the narrower sense of being outside presidential control) almost always have

4757-880: The tru2way architecture. In 2003, the US Federal Communications Commission (FCC) adopted unidirectional (from the cable system to the customer device) CableCARD standards based on a MOU between the National Cable & Telecommunications Association (NCTA) and the Consumer Electronics Association (CEA). The FCC assumed that the NCTA and CES would negotiate another agreement to achieve bidirectional compatibilities, such as interactive programming guides, video-on-demand and pay-per-view, since retail CableCARD-ready devices are unable to access such systems. After

4828-471: The tru2way specifications (also known as the OpenCable Host 2.1 Specifications). Tru2way includes a middleware technology built into televisions, set-top boxes, digital video recorders and other devices. Because the middleware is based on Java technology, it enables cable companies and other interactive application developers to write applications once and run them on any device that supports

4899-441: Was forced to divest all TV stations. To facilitate the adoption of digital television, the FCC issued a second digital TV (DTV) channel to each holder of an analog TV station license. All stations were required to buy and install all new equipment ( transmitters , TV antennas, and even entirely new broadcast towers ), and operate for years on both channels. Each licensee was required to return one of their two channels following

4970-560: 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. 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

5041-471: Was the first major legislative reform since the 1934 act and took several steps to de-regulate the telephone market and promote competition in both the local and long-distance marketplace. The important relationship of the FCC and the American Telephone and Telegraph (AT&T) Company evolved over the decades. For many years, the FCC and state officials agreed to regulate the telephone system as

#80919