Communications law governs the transmission of information across radio, television, telephone, internet, and satellite systems. In the United States, this area of law is primarily shaped by the Communications Act of 1934, as amended by the Telecommunications Act of 1996, and administered by the Federal Communications Commission (FCC).
The Federal Communications Commission
The FCC is an independent agency of the U.S. federal government responsible for regulating interstate and international communications by radio, television, wire, satellite, and cable. Its mandate covers:
- Licensing of broadcast stations
- Management of the radio frequency spectrum
- Enforcement of communications laws and regulations
- Administration of the universal service program
- Consumer protection in communications markets
Broadcast Licensing and Community Radio
Broadcast licensing has been one of the most contested areas of communications law, particularly as applied to low-power and community stations. The NLGCDC built its reputation defending microradio broadcasters against FCC enforcement in the late 1990s and early 2000s. The legal briefs filed in these cases — including the landmark Dunifer proceedings — established important arguments about the public interest dimension of broadcasting that continue to influence regulatory debates.
The Low Power FM (LPFM) service, created by the FCC in 2000 and expanded by the Local Community Radio Act of 2010, reflects a partial vindication of the principles the NLGCDC advocated: that communities should have meaningful access to the electromagnetic spectrum as a democratic resource.
Telecommunications Act of 1996
The Telecommunications Act of 1996 represented the most comprehensive overhaul of U.S. communications law since 1934. Its key provisions included:
- Deregulation of media ownership limits, accelerating consolidation in radio and television markets
- Opening of local telephone markets to competition
- Section 230 immunity for internet platforms from liability for user-generated content
- Provisions governing indecency and obscenity in broadcast and cable
Critics, including many in the public interest community, argued that media ownership deregulation enabled the consolidation of broadcast media in fewer corporate hands, reducing the diversity of voices and perspectives available to the public — precisely the concern that animated the fight for community broadcasting rights.
Network Neutrality
Network neutrality — the principle that internet service providers must treat all internet communications equally — has been one of the defining communications law debates of the 21st century. The FCC has repeatedly revised its rules on network neutrality, reflecting the ongoing tension between regulatory intervention in the public interest and the commercial interests of broadband providers.
Communications Law and Democratic Expression
At its core, communications law is about who controls the means of public communication and on what terms. The NLGCDC has consistently argued that communications infrastructure — spectrum, wires, platforms — has a public dimension that justifies regulatory intervention to ensure democratic access and diversity. This argument connects to broader principles of freedom of expression under both U.S. constitutional law and international human rights standards.