The FCC’s outdated “spectrum scarcity” rationale no longer justifies special content regulations for broadcasters, and it is time to treat radio and TV like any other form of speech under the First Amendment.

Expression Over Radio Waves Is Not Exempt From the First Amendment

Following a report that the FCC will order early reviews of eight Disney-owned ABC stations, Joe Kane said, “License reviews should be content neutral. The FCC’s role is to provide technical expertise on issues like interference, not to police speech.”

FCC Regulation of Disfavored Speech Is Unconstitutional, Says ITIF

ITIF wrote to the FCC to support guaranteeing that at least three TV channels are available for unlicensed services.

Letter to the Federal Communications Commission on Making Spectrum Available for Unlicensed Use in TV White Spaces

ITIF urged FCC Chairman Carr to reject President Trump’s call to take away CBS's broadcast license, warning that content-based licensing actions violate First Amendment protections and risk politicizing the Commission.

FCC Should Reject Trump’s Call for CBS to Lose License, Says ITIF

FCC Should Reject Trump's Call for CBS to Lose License, Says ITIF

The FCC's decision to reallocate part of the 5.9 GHz band to support unlicensed uses, like Bluetooth and Wi-Fi, was not only legal, but it was also good policy.

ITIF Applauds D.C. Circuit Court’s Decision to Uphold FCC’s Order on the Reallocation of the 5.9 GHz Band

ITIF Applauds D.C. Circuit Court's Decision to Uphold FCC's Order on the Reallocation of the 5.9 GHz Band

The Infrastructure Investment and Jobs Act could be the biggest step toward closing the geographic digital divide ever. The Commission should keep its eye on that goal and not give in to calls to stray from the statutory text to claim sweeping new power over broadband deployment. Here, the statutory text unambiguously permits only a disparate-treatment definition of digital discrimination. Independently and in the alternative, the Commission must closely scrutinize claims based on disparate impact claims to ensure that the threat of litigation does not perversely delay and diminish efforts to connect all Americans.

Comments to the FCC Regarding Implementing the Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination

The FCC's decision to impose a far-reaching liability regime will be counterproductive to closing the digital divide.

FCC’s Digital Discrimination Order Will Hinder Efforts to Close the Digital Divide, Says ITIF

FCC's Digital Discrimination Order Will Hinder Efforts to Close the Digital Divide, Says ITIF

ITIF argues that Congress should promote technology neutral policies that do not unfairly advantage or disadvantage any particular technology or business model.

ABC Is Right: There Is No First Amendment Exception for the Airwaves, Says ITIF

Related

Expression Over Radio Waves Is Not Exempt From the First Amendment

FCC Regulation of Disfavored Speech Is Unconstitutional, Says ITIF

Letter to the Federal Communications Commission on Making Spectrum Available for Unlicensed Use in TV White Spaces