570, Azin Mohajerin, 1.May.2013.
Cable, Telecommunications, and Technology Committee v. FCC, No.11-547, Court of Appeals for the Fifth Circuit, 668 F.3d 229 (2012).
Background:
In June 1934, congress passed the Communication act 1934 with the purpose of regulating interstate and foreign commerce in communication by wire and radio and makes them available to all the people in the United States as far as possible with sufficient facilities at sensible charges. Also, this act passed by the purpose of the national protection, and for the purpose of securing a more effective implementation of this policy by centralizing authority. It is granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication. There is hereby created a commission: ‘Federal Communications Commission’, which is government agency that regulated interstates and international communications such as radio, TV and cable. In 1996 congress amended Communication Act of 1934 by adding Section 332(c)(7), Preservation of local zoning authority.
According to this section, the authority of states and local government restricted with respect to decisions concerning the placement and structure of wireless communication facilities.
Federal Communication Commission:
According to the FCC website, “The Federal Communications Commission (FCC) is an independent United States government agency. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC’s jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions” (“About the FCC”, 2013).
The FCC is leaded by five Commissioners who are chosen by the President and confirmed by the Senate for 5-year. Based on FCC status the president designates one the commissioners as a chair. Also, only three Commissioners can be members of…