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Encyclopedia > Communications Act of 1934

The Communications Act of 1934 was a United States federal law enacted as Public Law Number 416, Act of June 19, 1934, ch. 652, 48 Stat. 1064, by the 73rd Congress, codified as Chapter 5 of Title 47 of the United States Code, 47 U.S.C. ยง 151 et seq. The Act replaced the Federal Radio Commission with the Federal Communications Commission (FCC). It also transferred regulation of interstate telephone services from the Interstate Commerce Commission to the FCC. The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ... June 19 is the 170th day of the year (171st in leap years) in the Gregorian Calendar, with 195 days remaining. ... 1934 (MCMXXXIV) was a common year starting on Monday (link will take you to calendar). ... The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ... The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ... The Federal Radio Commission (FRC) was a government body that regulated radio use in the United States from its creation in 1927 until its replacement by the Federal Communications Commission (FCC) in 1935. ... The FCCs official seal. ... The telephone or phone (Greek: tele = far away and phone = voice) is a telecommunications device which is used to transmit and receive sound (most commonly voice and speech) across distance. ... The Interstate Commerce Commission (ICC; 1887 - 1995) was a regulatory body in the United States created by the Interstate Commerce Act of 1887, which was signed into law by President Grover Cleveland. ...


On January 3, 1996, the 104th Congress of the United States amended or repealed sections of the Communications Act of 1934 with the new Telecommunications Act of 1996. It was the first major overhaul of American telecommunications policy in nearly 62 years. January 3 is the 3rd day of the year in the Gregorian calendar. ... 1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ... The Telecommunications Act of 1996 was the first major overhaul of United States telecommunications policy in nearly 62 years, modifying earlier legislation, primarily the Communications Act of 1934. ...

Contents


Brief history of the Act

The Act largely combined and reorganized existing provisions of law, including provisions of the Federal Radio Act of 1927 relating to radio licensing, and of the Mann-Elkins Act of 1910 relating to telephone service. The Federal Radio Commission (FRC) was a government body that regulated radio broadcasts in the United States from its creation in 1927 until its replacement by the Federal Communications Commission (FCC) in 1935. ...


Commercial radio debate

Before the Communications Act of 1934 was enacted as law by the U.S. Congress, there was an interesting debate concerning commercial versus non-commercial broadcasting: Senators Robert Wagner of New York and Henry Hatfield of West Virginia offered an amendment to the then proposed Communications Act. Educators wanted more of radio to be given to them; they had been termed a "special interest" by the Federal Radio Commission and their stations were forced to share frequencies. This amendment would have given 25% of all radio broadcasting facilities to non-profit institutions and organizations. It would also have allowed these educational stations to sell advertising in order to become self-sufficient. Senator C.C. Dill, a pro-industry spokesman opposed this amendment. It would have meant eliminating numerous commercial stations, but that is not what Dill publicly complained about. He expressed horror over the advertising. He said there was too much advertising already. Not all educators supported the advertising clause, so a compromise was struck. The issue was to be given to the new Federal Communications Commission to study and to hold hearings on and to report back to Congress. Hatfield and Wagner stuck to their guns, however, and proposed the bill anyway, the Hatfield-Wagner amendment died and the Communications Act was passed. The Congress of the United States is the legislative branch of the federal government of the United States of America. ... Robert John Wagner (born 10 February 1930 in Detroit, Michigan) is an American actor. ... Official language(s) None, English de facto Capital Largest city Albany New York City Area  Ranked 27th  - Total 54,520 sq mi  (141,205 km²)  - Width 285 miles (455 km)  - Length 330 miles (530 km)  - % water 13. ... Official language(s) English Capital Largest city Charleston Charleston Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 41st 62,809 km² 210 km 385 km 0. ... The Federal Radio Commission (FRC) was a government body that regulated radio use in the United States from its creation in 1927 until its replacement by the Federal Communications Commission (FCC) in 1935. ...


The Federal Communications Commission reported back, saying that commercial stations had ample time for educational and other public service programs. The Commission called for cooperation between commercial and educational interests and other non-profit groups. The educators lost, but the commercial broadcasters didn't exactly win; they had been forced to air public affairs programs.


Chain (network) case

The United States Supreme Court held in National Broadcasting Co. Inc. et al. v. United States et al. 319 U.S. 190 on May 10, 1943 that the FCC had the right to issue regulations pertaining to between broadcasting networks and their affiliated stations. The Opinion of the Supreme Court was not unanimous and it led to a conflict with an earlier decision in Federal Communications Commission v. Sanders Brothers Radio Station. 309 U.S. 470 on March 25, 1940. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... In National Broadcasting Co. ... May 10 is the 130th day of the year in the Gregorian Calendar (131st in leap years). ... 1943 (MCMXLIII) was a common year starting on Friday (the link is to a full 1943 calendar). ... March 25 is the 84th day of the year in the Gregorian calendar (85th in leap years). ... 1940 (MCMXL) was a leap year starting on Monday (the link is to a full 1940 calendar). ...


In that case the FCC interpreted Supreme Court decisions concerning broadcasting to mean that potential economic injury to an existing licensee was not grounds for refusing to license a competitor. (This FCC interpretation remained in place from 1940 to 1958.) 1958 (MCMLVIII) was a common year starting on Wednesday of the Gregorian calendar. ...


The Opinion of the Supreme Court was delivered by Felix Frankfurter with Justices Hugo Black and Rutledge taking no part in the discussion or decision. Justice Murphy offered a dissenting Opinion by stating that the Court was effectively giving the FCC a power to regulate networks which had not been given to the FCC by Congress. Murphy stated that; Justice Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was a United States Supreme Court Associate Justice. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ...

... we exceed our competence when we gratuitously bestow upon an agency power which the Congress has not granted. Since that is what the Court in substance does today, I dissent.

Because the majority of the Court did not agree with Murphy it effectively gave the FCC power to regulate the networks. As a result of this 1943 decision, NBC was forced to sell one of its networks and it was this action which then led to the creation of the American Broadcasting Company (ABC). 1943 (MCMXLIII) was a common year starting on Friday (the link is to a full 1943 calendar). ... NBC, the National Broadcasting Company, is an American television and radio network based in New York Citys Rockefeller Center. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...


Overhaul of FCC policy

The 1934 Communications Act remained in place but was amended by the Telecommunications Act of 1996. The Telecommunications Act of 1996 was the first major overhaul of United States telecommunications policy in nearly 62 years, modifying earlier legislation, primarily the Communications Act of 1934. ...


References

  • A Legislative History of the Communications Act of 1934, by Paglin, Max D. - Oxford University Press, New York. 1989.
  • Brinkley Act - Section 325(b) of the Communications Act of 1934 that was written into law in an attempt to halt live broadcasting from radio studios in the United States linked via telephone land lines to superpower border-blaster transmitters located along the Mexican side of the Rio Grande (Rio Bravo), international boder. This provision was carried through into the Telecommunications Act of 1996 by incorporation of the Communications Act of 1934, as amended to Section 325(c).
  • Documents of American Broadcasting, by Kahn, Frank J. (Editor). - Meridith. 1968. - LoC Number: 68-8961

The Brinkley Act is the popular name given to Section 325(b) of The Communications Act of 1934; United States Public Law 416, 73d Congress, June 19, 1934. ... A border blaster, in contrast to an international broadcast station, is a licensed commercial radio station that transmits at very high power to the United States of America from various points along the Mexican border with that country. ... The Rio Grande flowing in Big Bend National Park The Rio Grande in its lower course, between Matamoros and Brownsville Known as the Rio Grande in the United States and as the Río Bravo (or, more formally, the Río Bravo del Norte) in Mexico, the river, 3034 km... This article is about the river that empties into the Gulf of Mexico. ... The Telecommunications Act of 1996 was the first major overhaul of United States telecommunications policy in nearly 62 years, modifying earlier legislation, primarily the Communications Act of 1934. ...

External sources

  • Communications Act of 1934, as Amended by the Telecommunications Act of 1996
  • Congressional Research Service (CRS) Reports regarding the Communications Act
  • Telecommunications Act of 1996

  Results from FactBites:
 
U.S. Policy: Communications Act of 1934 (571 words)
Congress first specifically regulated broadcasting with its 1927 Radio Act which created a Federal Radio Commission designed to regulate in "the public interest, convenience, or necessity." But federal regulation of communications was shared by the Department of Commerce and the Interstate Commerce Commission.
President Franklin Roosevelt's message requesting new legislation was published in January 1934, the Senate held hearings on several days in March while the House held a single day of hearings in April, a conference report melding the two differing bills together appeared in early June, and the act was passed on 19 June.
The 1934 act, despite its many amendments, is increasingly seen as an anachronism needing replacement to match today's needs.
Communications Act of 1934 - Wikipedia, the free encyclopedia (827 words)
Before the Communications Act of 1934 was enacted as law by the U.S. Congress, there was an interesting debate concerning commercial versus non-commercial broadcasting: Senators Robert Wagner of New York and Henry Hatfield of West Virginia offered an amendment to the then proposed Communications Act.
Brinkley Act - Section 325(b) of the Communications Act of 1934 that was written into law in an attempt to halt live broadcasting from radio studios in the United States linked via telephone land lines to superpower border-blaster transmitters located along the Mexican side of the Rio Grande (Rio Bravo), international boder.
This provision was carried through into the Telecommunications Act of 1996 by incorporation of the Communications Act of 1934, as amended to Section 325(c).
  More results at FactBites »


 

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