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Who Regulates Cell Phones? [Add Comment] [View Comments] [Articles Home] [Go Back]


For over 75 years, there has been a law in place to regulate communications by wire and radio both interstate and foreign. The Communications Act of 1934 was a federal law that went in affect on June 19, 1934 in order to protect the public from unreasonable communication charges, make telecommunications more efficient and to grant authority to different agencies to monitor and uphold this law. The Federal Trade Commission was created at this time to execute and enforce the provisions brought forth by this Act.
We all know that cell phones were not created at this time but there were telegraphs, ham radios and landline telephones beginning to bring new meaning to communications. By 1996, mobile units were becoming the new wave and cell phones were beginning to hit the market. Along with these advanced changes came a reason to take a good hard look at the existing Communications Act. On January 3, 1996, the Communications Act of 1934 went through a complete overhaul in the 104th Congress of the United States. The new law was called the Telecommunications Act of 1996.
There was an unusual statute included in the Telecommunications Act of 1996 that normally would have belonged to individual states but because of the interstate activity of newly erupting technology, the Do-Not-Call Implementation Act was able to be created and enacted as federal law in 2003. Thousands of consumers were filing complaints with the FCC and state and local governments in an effort to cease telemarketers from constantly calling their homes. This was before the use of caller ID and reverse phone lookup was available and the chances of receiving a telemarketer on the other end of the phone were increasing daily.
The FCC is the primary entity that polices the laws that have been put in effect in regard to communication, its safety to consumers and the fairness between competitors. As technology grows, the Telecommunications Act of 1996 will more than likely require another overhaul but for now, the FCC has its hands full with the provisions included in the latest bill.
In addition to making sure that the technical system for the Do-Not-Call program is operating properly, the FCC also works to make sure that emergency personnel has access to cell phone activity when a warrant is provided by state or federal courts. Whenever a cell phone is believed to help investigators fight crime, the cell phone records can be retrieved from the alleged criminal. Different providers have to keep records on each phone for a period of time and provide these to the law enforcement personnel. The FCC makes sure that this is done in a legal and professional manner. However, once this phone has been intercepted in a crime, it can become public property for the media to share the contents associated with the person that is now no longer protected under the privacy laws.
The FCC also tests each new cell phone that is placed on the market for the minimum amount of radiation that they are required by law to have. Towers also have to remain under a certain degree of radiation with many precautions in place such as how high, where they are located and placement in public places. These laws are also apt to change as we discover more about the affects that radiation has on the human body. Cell phones have not been on the market long enough to determine the degree of damage possible but once they have been, the law will probably change the amount of radiation that can be used.
By far, the most important job of the FCC is to enforce the Do-Not-Call Act that provides a sense of privacy for individuals that have cell phones and do not want their minutes gobbled up by telemarketers by randomly making phone calls to their cell phone. Sending messages that cost minutes to read is also outlawed. Many people do not realize that cell phones are covered under the Do-Not-Call program and think that this just applies to landlines but this law applies to any type of phone, stationary or mobile.
Many cell phone users may also not know that a telemarketer is required to display their correct phone number of the company that is representing the products or services sold. The use of reverse phone lookup has proven that many telemarketers will attempt to get you to answer a call by presenting a false company and phone number on the caller ID. Actions like these bring the FCC to yet another function in their huge job - implementing warnings and punishment.
If you receive a solicitation from a telemarketer that you have not previously given permission to do, there are certain steps to take in making the FCC's job easier. Use reverse phone lookup to gain as much information as possible about the caller, note the day and time, and file a complaint with their department. Each complaint will be investigated and either warning citations will be issued to the company or stiff fines will be imposed for violating the do-not-call rules.
The FCC has a huge roll in all types of communication throughout the country, not just cell phones. In time this could change but for now, give them as much information as possible to keep annoying telemarketers from breaking the law, costing you money and letting everyone enjoy the privacy and freedom of their cell phone.
*This is not intended to be a thorough explanation of the law, nor does it attempt to offer legal advice. If you intend to make full use of this law, you should first consult an attorney. However you choose to use this information is with your full responsibility and at your own risk.
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  1. Comment AvatarArticle Comment by: Maryland:
    Times are changing for the better if I can get this olnine!