HOW THE FCC REGULATES RADIO BROADCASTING AND WPCI

By Betsy Butler, Reggie Goolsby, and Amy Norback

Radio broadcasting in the United States first came under government regulation in the 1920s with the Radio Act of 1927, which established the Federal Radio Commission (FRC). The FRC was given the power to grant or remove licenses to radio broadcast stations as well as classify stations, assign radio frequencies, and dictate signal strengths, areas, and broadcast hours. The stipulations set forth in the Radio Act have been the model for all future broadcast regulation in the United States. With the advent of television in the 1930s, the Radio Act was succeeded by the Communications Act of 1934 , which replaced the Federal Radio Commission with the Federal Communications Commission (FCC). The FCC, which is still the functioning broadcast regulation apparatus in the United States, operates in much the same way as the FRC, with the added regulation of telephones and television in addition to radio.

The FCC grants radio licenses on the basic requirement that the radio stations serve "public interest, convenience, or necessity". The FCC uses the "scarcity rationale" and "trusteeship model" to justify government broadcast regulation and the necessity for licensed stations to serve the public interest. The scarcity rationale is the idea that radio airwaves are a public resource and that only a limited amount of this broadcast spectrum exists. The trusteeship model goes on to explain that one who is given a radio license, or a piece of the radio spectrum, is given a very rare and valuable commodity. The broadcaster has been entrusted to use this public resource and, therefore, it is his or her responsibility to give something back to the public; in other words, to serve the public interest. Serving the public interest can be achieved in many ways, such as content diversity, localism, educational value, quality reception, and high principles regarding what is broadcast. Radio broadcasters have the responsibility to censor subject matter which would have a negative effect on society, such as violence, drugs, sex, and explicit language. All radio broadcasters are expected to abide by these principles. The phrase "public interest, convenience, or necessity" has been in existence since the Radio Act of 1927, and it is still the prevailing ideology that all broadcast stations must abide by in order to retain their license.

In addition to establishing licensing and radio broadcast requirements, the Communications Act of 1934 also defines the difference between commercial and non-commercial radio. Commercial radio stations are for profit and run advertisements in order to generate revenue. Non-commercial radio stations, on the other hand, are non-profit and do not run advertisements. Any income that a non-commercial station may make is used solely to finance the station and its programming. Most non-commercial stations are funded by the government, as with National Public Radio (NPR), but some non-commercial stations are funded by listener-donations or by self-funding. The FCC only grants stations non-commercial status if they contain educational programming. All other stations are given commercial status, which allows them to air commercials. WPCI is licensed by the FCC as a commercial station; however, owner Randy Mathena chooses not to run advertisements and finances the station out of his own pocket. Therefore, WPCI has the unique status of being a "non-commercial commercial station."

In order to receive a broadcast license from the FCC, which is essentially the right to the public airwaves, Mathena found an AM airwave that was dark, meaning that it was not in use, and petitioned the FCC to allow him to use it for his station. Acquiring a radio broadcast license is a fairly simple process. Like Mathena, hopeful AM broadcasters must find a free airwave and show that their station will not cause interference with other stations on the same frequency. FM stations are licensed in much the same manner. All broadcasters must prove to the FCC that their station will serve "public interest, convenience, or necessity." If all of these basic requirements are met, the FCC will generally license the broadcaster. There are different classifications that the FCC gives AM stations. WPCI, which is located at 1490 AM, is a Class C station, which allows unlimited broadcast time on a local channel. Once a broadcaster is licensed, he/she is required to keep a public file at the station, which is basically a notebook filled with data about the station, including how the station is managed, what is broadcast, etc. As long as the broadcaster does this and doesn't offend people with what is broadcast and continues to serve "public interest, convenience, or necessity," then the FCC will renew the station's license.

While the FCC ultimately has control over radio stations in determining whether or not their licenses will be renewed and in determining the technicalities of broadcasting, Mathena does not feel that the FCC has much influence over WPCI1. He is basically given free reign to air whatever he wants as long as he abides by the FCC's laws. Mathena does not do anything that would be in conflict with the FCC; therefore, they do not bother him. Mathena is very conscious of what he airs and is a firm believer that stations should police themselves. Since the FCC does not really do much to police broadcast stations, it is ultimately the responsibility of each individual broadcaster to regulate what is aired. This self-regulation is one way that Mathena serves the public interest. However, WPCI mainly serves the public interest by giving listeners good music and relaxation, which is the reason they listen to his station. Mathena plays a wide variety of music genres with no commercial interruption. This continuous play of a unique selection of music is what has made his station so popular throughout the Greenville community. WPCI has been very successful in serving the public interest in this regard. Mathena also serves the public interest by keeping people informed about weather conditions, and he plans to implement more public service announcements in the near future.

In accordance with the "public interest, convenience, or necessity" decree, radio broadcasters have an obligation to their audience. Mathena is very aware of his obligation and is very listener-oriented. Mathena feels that he has a responsibility to the community to entertain, enlighten, enrich, and educate. By playing a wide variety of continuous music, he is able to achieve these goals. WPCI entertains its audience with the music that it plays, and it enlightens, enriches, and educates its audience by exposing listeners to music that they would otherwise not be exposed to. Furthermore, Mathena is very open to his listeners' thoughts and ideas. Listeners often send him CDs of music that they want him to play, and he listens to the music and decides whether or not he will broadcast it on the station. He usually will add it to the rotation, unless he does not think the music is in accordance with WPCI's objectives. Therefore, listeners have a considerable influence on what is played on the station. If a listener had a problem with something that was broadcast or would like to make a suggestion, he/she can call the station or write a letter, and Mathena will give his/her opinion or idea fair consideration.

Other than the stipulation to serve the public interest, the FCC does not require its licensed broadcasters to have this level of obligation to the audience. The fact that Mathena values his obligation and allows for the audience's input and influence is another indicator of WPCI's uniqueness and explains why the station has been so popular in the Greenville community. Since not all broadcasters are as in tune with their audiences' needs and wants as Mathena is, perhaps the FCC should take more of an active role in insuring that stations do so. Mathena does not know what he thinks about this idea of whether or not the FCC should be more involved, but he feels that it is very important for broadcasters to police themselves and be considerate of what the audience wants. Mathena's station is non-profit and he does nothing to promote the station, which makes it even more exceptional that he cares so much about his audience's opinions and ideas.

Questions for discussion:

1. Do you think the FCC should be more involved in policing radio stations and making sure that broadcasters are truly serving the public interest?

2. Do you think that more radio stations organized like WPCI would make listening to radio more enjoyable?

3. If you could choose a type of radio format to listen to, how would the station be run and why?

WORKS CITED

1. Randy Mathena, interview by Betsy Butler and Reggie Goolsby, November 17, 2005.