communications law: an overview
Communications law is concerned with the regulation of radio and TV broadcasting to insure satisfactory service and to prevent chaos. Because broadcasting by its nature transcends state boundaries, the Federal government has largely occupied the field.
Congress created and delegated its authority in communications to the Federal Communications Commission (FCC). The FCC has the power (under 47 U.S.C. § 303), among other things, to set forth standards for transmitting color television. Under the Communications Act of 1934, the FCC was given power to regulate and control "radio communications." Such communications were held to include the transmission by radio of writing, signs, signals, pictures,and sounds of all kinds.
What role is left for the states after such heavy federal regulation? States cannot regulate the content of the programs broadcast (even if the television station is situated within the state) and cannot require that motion pictures broadcast over the station be submitted to a state board of censors for their approval.