Justice Elena Kagan said the FCC policy was, "Nobody can use dirty words or nudity except Steven Spielberg," director of the World War II movie.
The 2nd U.S. Circuit Court of Appeals in New York declared the FCC policy unconstitutionally vague.
As a matter of general FCC policy, financial causes are not sufficient reason to remain silent and still retain the license - the reason must be something "beyond the control" of the licensee.
The charges were that the FCC policy of favoring minorities violated the equal protection clause.
The offer AT&T made to be voluntarily regulated at a much more granular point is also commendible, including conceeding without a fight to many other FCC policies previously contested.
"The Suburban Community Problem" was recognized in FCC policy as early as 1965.
FCC policies should also recognize and accommodate differences between management of wired networks and wireless networks, including the unique congestion issues posed by spectrum-based communications.
Further information on FCC policy with respect to facilities siting is available from the FCC's Wireless Telecommunications Bureau (see http://wireless.fcc.gov/siting/).
In fact, before Eshoo's legislation, the official FCC policy recommended that consumers mute commercials if they find them excessively strident.
Today's announcement shows that FCC policies are helping grow the U.S. economy by catalyzing investment and job creation.