July 11 was the 92nd anniversary of the start of the FCC. If you forgot to send a card, you’re not alone — I also failed to send greetings, printed or digital.
For a person to reach 92 years old is an accomplishment. For a federal agency, perhaps not so much. The world changes, yet the FCC still lives in a fantasy that ended some time ago.
In past columns, I’ve discussed the concept of “scarcity” that has driven broadcast regulation for decades. Scarcity was relevant when analog broadcasting was the only game in town for electronic media. Broadcasters competed with newspapers and magazines, while advertising competition was spread a bit further with outdoor, the Yellow Pages, and direct mail.
The FCC’s Rationale — and Its Limits
Government had to step in and regulate spectrum usage, and that need still exists. Without the FCC or another government agency, the over-the-air spectrum would move from the 2020s to the 1920s. At that time, anyone could broadcast on any frequency at any time, prior to the passage of the Federal Radio Act of 1927 and the creation of the Federal Radio Commission.
Beyond that, the FCC exists to place limitations on broadcasters who face an increasingly tough competitive environment for the ad dollars that support commercial broadcasting. The same goes for noncommercial broadcasters.
Which companies have the largest share of local ad dollars? Typically, it’s Google, Meta (Facebook), and other digital companies. Do they face the same restrictions and obligations as broadcasters? Go ahead — start laughing now.
The Advertising Dollar Gap
Here’s some context: in the second quarter of 2026, Google took in over $81 billion in advertising revenue (including YouTube). One estimate suggested that 48% of Google’s ad revenue was from the US. That means around $40 billion in Q2 of 2026. In other words, in one quarter, Google’s US advertising revenue was more than double the annual revenue of the entire US radio industry.
Meta reported over $59 billion in ad revenue in Q2. An estimate said Meta derives around 39% of its ad revenue from the US and Canada. So let’s suggest 35% comes from the US.
That’s over $20 billion in one quarter — again, more than the entire US radio industry brings in annually.
Political Whiplash at an Independent Agency
Some in Washington are starting to figure this out. A recent Politico article by John Hendel cited conservative legislators and pundits who think the time is nigh to put the FCC out to pasture. At least as it operates today.
Much of this talk is driven by the actions of Chairman Brendan Carr and his efforts to steer broadcast regulation in a direction consistent with the wishes of President Trump. The goal is less criticism of the President and his policies. The FCC is using the public interest standard built into the Communications Act of 1934. What’s so unusual is the opposition coming from the right, not just the expected criticism from the left.
One person of some stature in Washington, Supreme Court Justice Neil Gorsuch, in a concurrence supporting the Court’s decision in Trump v. Slaughter — the ruling that gave the President the power to remove commissioners from independent federal agencies — wrote, “And then there’s late-night comedy. Last year, taking objection to a network host’s on-air remarks, the Chairman of the FCC suggested there would be ‘additional work…ahead’ for the agency if broadcasting companies did not ‘find ways to…take action.'” He cited other recent abuses of agency power, such as the SEC taking on climate change in 2024 and the FTC’s attempt to ban noncompete agreements.
Given how independent federal agency power can be channeled, let’s think ahead to 2029.
If a Democrat moves into the White House, what’s to stop a Democrat-controlled FCC from going after conservative talk radio based on Chairman Carr’s actions? Consider that President Biden nominated Gigi Sohn for a seat on the commission, someone who might be considered the political opposite of Brendan Carr. There are two open seats today, and after Trump v. Slaughter, a new president of a different party could simply fire Brendan Carr and Olivia Trusty. Rather than the traditional 3-2 split in favor of the President’s party, why not 5-0?
Time to Deregulate
From a technical standpoint, the airwaves need to be regulated. Beyond that, we’re past the point of needing content regulation.
Let’s imagine the extremes for a moment. What if all controls were lifted and a news/talk or sports talk station immediately played George Carlin’s “Seven Words” cut, then allowed hosts and callers to say whatever they want? Would it succeed? Would local advertisers place dollars on it?
Who knows, but it can’t be much worse than what we see and hear online now.
And the noncommercial band could be loosened up as well. Keep 88.1–91.9 reserved for “educational” purposes, but change the noncommercial rules or scrap them entirely. Some operations would remain noncommercial much like today, but instead of worrying about whether underwriting copy includes a “call to action,” allow stations to decide whether it would make sense to add spots or other sponsorship opportunities.
Some audiences would be upset and perhaps would vote with greater contributions. Others might prefer a few ads and less fundraising.
It’s time for the FCC to go.
A WWHR Farewell
On a different topic, regular readers know that I’m involved with WWHR, Revolution 91.7, the college station at Western Kentucky University. We’re losing one of our favorite people, Spencer Woods, who’s headed to Florida State University to begin work on a doctorate in music.
Spencer knew all the local musicians in Bowling Green, was a member of bands as a keyboardist extraordinaire, and served WWHR as Director of Local Music, our liaison with the music scene here. We’ll miss him and wish him the best in Tallahassee.
Let’s meet again next week.
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