Official FCC Blog

As we progress through the first quarter of calendar year 2010, we in the Office of General Counsel thought it might be of interest to summarize briefly the pending appellate litigation matters of significance in which the FCC is a party.
First, on January 13th in New York City, the Second Circuit held oral argument in Fox Television Stations, Inc. v. FCC.   The case presents a First Amendment attack on the FCC’s decisions finding violations of the broadcast indecency statute and regulations for Fox’s broadcast of expletives by celebrities Cher and Nicole Richie on separate live television awards shows.  That case is on remand from the Supreme Court, which overturned the Second Circuit’s earlier judgment that the FCC had not adequately explained a change in its indecency enforcement policy.  It likely will be several months before the court issues its opinion – but, whatever the outcome, the case is a potential candidate to head back to the Supreme Court before final resolution.
Similarly, on February 23rd (just a few weeks after this year’s Super Bowl), the Third Circuit will hear oral argument in Philadelphia in CBS Corp. v. FCC, another broadcast indecency case.  At issue is CBS’s broadcast of the 2004 Super Bowl halftime show in which Janet Jackson, performing with Justin Timberlake, suffered what some have described as a “wardrobe malfunction.”  CBS is challenging the $550,000 forfeiture that the FCC assessed against certain CBS-owned affiliates for broadcasting Jackson’s fleeting nudity.  The Third Circuit previously found that the FCC had changed its policy without adequately explaining why, but this case also is on remand from the Supreme Court in light of the Supreme Court’s decision in Fox Television Stations, described above.

Among the missions of the Administrative Law Division [16] of the FCC’s Office of General Counsel are the prevention of conflicts of interest on the part of the Commission’s employees, and the prompt resolution of any such conflicts that may occur.  On his first full day in office President Obama signed an ethics Executive Order [17] establishing some of the strongest ethics guidelines ever set for Federal employees, including those working at the FCC.   The FCC is fully committed to ensuring that these ethics rules are faithfully followed, and has a team in place that is dedicated full-time to assisting its employees in interpreting and complying with the Federal ethical standards [18]. 
Our goal in promoting these high ethical standards [19] for all of our employees is to assure the American people that the decisions made and that actions take by its dedicated civil servants are motivated solely by the interests of the public and are free of any inappropriate outside influences.  In an earlier blog [20], my colleague, Larry Schecker has described some of the steps that the FCC has taken and continues to take, under the authority of the Freedom of Information Act, to foster openness in government and to further the public’s understanding of and confidence in the actions taken by the Commission.  Apart from the FCC-wide approaches that Larry describes, there are several additional vehicles for promoting openness in government that are under the oversight of the FCC’s ethics advisors. 

Prior Postings:January 14 [25], January 15 [26], January 20 [27], January 28 [28], February 5 [29]

There's a lot of excitement around the Public Safety and Homeland Security Bureau [33] this week about our upcoming public forum on mobile broadband for first responders. On Wednesday, February 10 at 2:00 p.m. [34], we'll be hosting first responders, network operators, and policy makers for a two-hour discussion about how we can solve a problem that has plagued the public safety community for far too long.

Looking back over the past decade, there is one thing that every major disaster has in common: when police, fire, EMS, and other public safety organizations couldn't communicate – between agencies and disciplines and across jurisdictional lines – lives were lost, and property was damaged or destroyed. While sharing photos, videos, and mapping data is now a part of everyday life for most Americans, the public safety community has largely been left behind. Despite all of the advances in mobile communications, the new generation of first responders still needs to carry a device that resembles a two-pound brick that only handles voice calls. Soon, however, all that will change.