Was $105,00 FCC Fine a ‘Victory’ for Listeners?

The FCC basically relies on two legal theories to justify its power of content regulation--”spectrum scarcity” and “invasiveness.” Both are suspect and ripe for review.

The spectrum-scarcity theory relies on the premise that radio spectrum is such a scarce resource that it must be allocated according to guidelines promulgated by the FCC. This theory no longer bears even the slightest semblance to the real world. Spectrum, while not infinite, is far from scarce. Technology has expanded the amount of usable spectrum tremendously, while narrowing the space used by a single channel.

The FCC’s strongest argument for the regulation of “indecent” broadcasts is that radio airwaves are invasive and cannot be controlled by the listener. This argument is flawed for three reasons. First, power to turn the dial resides with the listener. Second, the airwaves should not be reduced to bland discussions fit only for children. Adults should be allowed to listen to radio that meets their needs. Third, most children have already been exposed to worse language than that on the Stern show.

The power vested in the FCC is unconstitutionally large and the FCC is using it to cause exactly that “chilling effect” that First Amendment law fears.

MASON BROWN

Los Angeles