The controversy sparked by Jimmy Kimmel’s unfortunate reaction to the murder of Charlie Kirk in September, when ABC faced possible retaliation from the Federal Communications Commission (FCC), highlighted the enormous power that this agency wields over broadcasting. It also underscores why we should banish the FCC.
In the 1930s, the FCC was given the power to license broadcasters. Without a license, there was no transmission. The purpose was to regulate the frequencies, considered scarce. The allocation of frequencies became a topic of political controversy. To establish or purchase a radio station—and later a television station—the prospective buyer had to demonstrate that it would operate in the public interest, however defined. Naturally, this attracted groups who would oppose it unless they were bribed in some way.
There were restrictions, such as the Fairness Doctrine, that virtually stifled meaningful political debate. Only with the repeal of the Fairness Doctrine in 1987 did the phenomenon of talk radio emerge, allowing conservative voices to break the liberal monopoly that predominated in much of the media. The rules also restricted the number and location of radio or television stations an entity could have.
Today, the very idea of frequency scarcity is technologically absurd, as is the notion of an information monopoly. We have an endless variety of media, since any person or entity can be an editor or broadcaster. However, the FCC still retains that decisive power in licensing matters, which is why broadcasters tremble in the face of the commission’s disapproval. Fines and possible license revocation are a real concern.
Do you want a merger? Better not do anything that might irritate the current FCC leaders.
The Trump administration has been accused of using the FCC to try to stifle free speech. Newsflash: Biden’s team wanted to control free speech. In fact, Democrats sought to give the FCC more power to regulate free speech, formally giving it control over cable networks and broadband providers. Let there be no doubt: if Democrats regain control in Washington, they will work without scruple to silence the opposition. Its far-left members guarantee it.
By the way, when the FCC was created, then-President Franklin D. Roosevelt used it to go after broadcasters that opposed the New Deal. Presidents John F. Kennedy and Lyndon B. Johnson used the Fairness Doctrine to limit opposition on the airwaves.
The solution to all this is simple: dismantle the FCC and let the free market rule. Respect the acquired rights of the current owners: if you have the license, you are in luck; they can keep it. If they wish to merge, expand or reduce their activity, they are free to do so.
The FCC’s remaining role should be to auction off the frequencies as soon as possible. Enough of the War Department hoarding unused frequencies. Local fire, police and health services should have what is strictly necessary, no more and no less. In an emergency, the War Department could, if necessary, temporarily requisition what it really needed. Otherwise, spectrum should be managed like real estate: bought, sold, divided or combined on the free market.
The mere existence of the FCC constitutes a violation of the First Amendment. The government does not license books, newspapers or magazines. Nor should it regulate other forms of communication.
This article was originally published by Forbes US.
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