Tuesday, December 17, 2024

The FCC And The PEBCAK POTUS

     The structure of the actual commission that runs the Federal Communications Commission is simple: there are five Commissioners, no more than three of whom can be from the same party, and they serve five year terms that can be informally extended to seven and a half years if they aren't replaced.  The President appoints them, the Senate confirms them (or doesn't, though it's rare), and the President gets to pick which one gets the Chairman's seat.

     For over-the-air stuff, the Commission's basic mandate is to regulate the operation of actual transmitters, those devices that fill up the limited RF spectrum with signals.  It's different for every service, from the few remaining Non-Directional Beacons and maritime services down below the end of the AM band -- remember AM radio? It's kind of still there, barely --  up through amateur radio and shortwave broadcasting, low-band communications, FM and television broadcasting, VHF and UHF comms, cell phones, terrestrial relay services (mostly digital stuff), satellite radio and TV and so on.  When it comes to broadcasting, the FCC licenses individual radio and TV stations, not networks or group owners.  Each spot on the dial in each location comes with a license -- or a big old Federal fine.

     President-elect Trump's incoming FCC Chair has big plans -- or at least big talk -- about knocking "the networks" into line, but he's got less direct power over them than his sponsor appears to believe.  The FCC can be expensive and annoying to the stations the networks own directly.  Those are relatively few, though in the biggest cities -- think New York, Los Angeles, Chicago, Washington D.C., San Francisco, Boston and so on.  But they're not the biggest owners; that would be Hearst, E. W. Scripps Company, Sinclair (probably the largest, avowedly conservative and has the greatest number of ABC stations) and Tegna, Inc.  None of these companies own only stations affiliated with just one network; Tegna's got the biggest block of NBC stations (22), but owns ABC, CBS and Fox stations as well; each of them owns stations that carry the four largest TV networks -- so it's tricky for the entity that licenses stations to go after a network: networks are not, themselves, licensed by the FCC.  Each and every one of these very large companies (think billions, not millions) has lawyers by the barrel-full; they have all formed in the course of long strings of acquisitions, mergers and divestments.  Legal sparring with the FCC (and other regulators) isn't just a thing they do, it's a part of what they are.

     Most of these station-owning companies avoid overt politics and editorialized content, other than Sinclair, and even Sinclair is careful where they tread: they're all in the business to make money, and they will follow the money remorselessly, wherever it leads.  The FCC may be able to cost them a few bucks, if they do something the new Chairman deems worthy of reproof  -- but most of their attorneys are already on the payroll, and enjoy an opportunity to keep busy.

6 comments:

Bob said...

Does FCC have any jurisdiction over the non over the air broadcast system? That is Cable. Over the air seems to be a shrinking component of broadcasting, thus making FCC less relevant.

Roberta X said...

Not much. Nothing about content -- possibly not even "Equal Time." Cable *systems* -- not content providers -- have to participate in the EAS system, and there are some signal leakage standards for the RF distribution (a lot of fiber now), and some abstruse "common carrier: regulation akin to the rules for telephone companies.

Structurally, there's an even bigger gap in cable and streaming between the part that might say stuff about politicians and the part that the FCC regulates. It's almost never the same company. It's like going after the maker of apple crates because kids are using them to spraypaint graffiti in places they wouldn't otherwise be able to reach.

Joe in PNG said...

We're at the Grandiose Schemes part of the incoming admin- the part where talk is extra cheap, the promises are extravagant, and the actual delivery irrelevant, because they're not actually in power yet.
The next part is Reality Bites, followed by Copious Copium, where the excuses and blame for why they can't do what they could never do begins to flow like a river.

Cop Car said...

Just between you and me, how large is your staff of researchers? Or do you have an eidetic memory that lets you recall everything you ever read/heard/saw? I marvel that there seems to be no boundaries to your knowledge. (This is not a new thought for me. I just haven't previously put it into electron flow.)

Roberta X said...

The advantage to blogging is, I only have to write about what I already know -- or at least know enough about to look up quickly. I have worked in broadcasting almost all of my adult life, so a lot of this topic comes easily.

The Internet has made looking things up easy. Sorting out the truth from the nonsense, that's still a serious task.

Stewart Dean said...

On DJT's plans to weaponize the FCC
https://arstechnica.com/tech-policy/2025/01/departing-fcc-chair-rejects-complaints-about-tv-news-coverage-of-trump/