This Note will argue that the scope of the FCC's authority to regulate traditional broadcast content does not extend to the content transmitted to wireless devices via broadband transmission. Part II of this Note provides a study of the key cases that characterize the scope of the FCC's statutory authority to regulate traditional broadcast content. Additionally, Part II presents a discussion of the First Amendment and the limits it imposes on the FCC's regulation of broadcast content. Part III evaluates whether content transmitted by new technologies fits into the regulatory scope of the FCC's authority according to the tests set forth in previous United States Supreme Court cases. Part IV briefly discusses the influence of politics on FCC policy. Finally, Part V presents the possible effects the regulation of wireless content by the FCC will have on the rights of free speech and commerce in the United States.
Note, Excuse Me, Sir; You're Sitting in a No Cell Phone Pornography Section, You'll Have to Put That Away: May the FCC Regulate the Content of Wireless Broadband Transmissions, 55 Clev. St. L. Rev. 399 (2007)