Does the FCC Have Standing to Investigate a TV Show That Never Aired?

No, that's not an ontological question.
The FCC, as we reported over the weekend, is looking into “Our Little Genius," a quiz show that Fox shelved late last year after the network was informed by renowned producer Mark Burnett that some funny stuff had gone on behind the scenes. Apparently some of the contestants may have been coached about the material that would be asked and a wary Fox and Burnett pulled the plug.

Usually, the FCC only investigates something after it has aired. If “Our Little Genius" had aired it's a pretty safe bet that -- if the allegations about the show are true -- the show might have found itself in violation of government regulations.

But the idea that it may look to penalize Fox for a show it decided was not worthy of broadcast has caught many Washington insiders by surprise.

At issue may be how one interprets the FCC's Communications Act with regards to quiz and game shows. Here is part of the section that will keep the FCC and lawyers for Fox working overtime. I have put in bold the area that may have the FCC thinking it has room to maneuver. Of course, I am not a lawyer, just a hack who spent a lot of years covering the commission and D.C.