IMO, the FCC is unconstitutional both in its function and independence. I see no authority delegated by the Constitution to the feds for sweeping power to regulate our communications. Also, the Commerce Clause of the Constitution only gives Congress the power to regulate foreign trade - not the President or some independent agency.
>> the Commerce Clause of the Constitution only gives Congress the power to regulate foreign trade <<
Not quite. The Constituion also gives Congress the power to regulate commerce between and among the various states of the union, like the trade between Maryland and Virginia.
Then, and whether for good or ill, the courts of have always agreed over the past 100+ years that since radio waves can travel across both state lines and international borders, radio transmissions fall into the category of “interstate and foreign commerce.”
Now you might say that some radio waves don’t go across state borders because they are too weak. Or other transmissions aren’t “commercial” — like ham radio. You’d be correct on both counts.
But even those weak waves and non-commercial transmissions have the potential to interfere with broadcasts, police radios, and other radio transmissions that DO go across state lines and international borders.
Therefore, the Courts have always allowed the feds to regulate emissions of radio-frequency energy that are too weak to cross from one jurisdiction into another, plus control over transmissions that have no commercial aspects. Love ‘em or hate ‘em, there’s no realistic prospect that these regulatory authorities will be overturned by the courts or repealed by the Congress.