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FCC Rules And Regulations

The Federal Communications Commission (FCC) requires that wireless phones be operated in accordance with FCC rules and regulations and under supervision of the licensee.
Severe punishment can result from failure to comply with the following regulations:
...........
No person shall utter any obscene, indecent or profane language by means of radio communication.

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VII. THE RELIEF PETITIONERS SEEK WOULD VIOLATE THE FIRST
AMENDMENT RIGHTS OF WIRELESS OPERATORS.
The Commission should also reject Petitioners' invitation to exercise its Title I discretion
to impose common carriage obligations because any such action would violate the First
Amendment. Petitioners argue that Section 202 obligations are needed to protect "new modes of
speech,,,74 but they have the First Amendment issue precisely backward: the non-discrimination
duty they propose would undercut the free speech rights of wireless operators.75 In managing
short code campaigns, wireless operators exercise editorial discretion by choosing to feature
certain content, while refraining from providing other content. Under settled principles, such
activity constitutes expression protected by the First Amendment.76 Because a duty of nondiscrimination
would preclude wireless operators from making editorial judgments and indirectly
burden their interests as speakers, that duty must satisfy searching constitutional review-at least intennediate scrutiny.77 In addition, a court would accord the Commission no Chevron
deference given the presence of a serious constitutional question surrounding its actions.78

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Cf. Motion Picture Ass'n of Am., Inc. v. FCC, 309 F.3d 796, 805 (D.C. Cir. 2002) (holding that rules requiring broadcasters to provide video content for blind customers were outside the Commission's Title I authority, in part because regulation of content raises serious First Amendment issues); Audio Communications, Inc. Petition for a Declaratory Ruling that the 900 Service Guidelines of US Sprint Communications Co. Violate Section 201(a) and 202(a) of the Communications Act, 8 FCC Rcd 8697, 8700-02, ~~ 30-31 (1993) (noting that First Amendment prohibition does not apply "to business decisions by private entities," and rejecting petitioners' request to exercise Title I jurisdiction in order to impose Section 202 obligations, in part because the challenged action did not "harm First Amendment values," as the petitioners contended).

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