Ah, finally. The Government decided that the airwaves were public - so they appropriated them via emminent domain (i.e. what they want, they take) and have held them ever since.
If there's any "Interstate Commerce" or even an inkling of trans-state commercial activity... guess who, by Constitutional edict, gets to and is supposed to "REGULATE" that media?
Standards and Taxes brought to us by our kind Uncle.
Standards will always be as explicit in hardware matters or at least as current as the technology allows at time of institution of said standards. Control of content standards... grey area, which will ebb and rise with societal mores and/or outcrys of "Foul" if an election is coming up and it behooves some politico's voting constituients without unduly alarming capital sponsors of both the media in question and their related campaign contributions or the "little people" so affected by said, typically vague fluctuating standards.
Taxes, License Fees, permits, etc., whatever the market will bear.
So in a way, Howard Stern's fight is our fight, based on the vaguely worded standards, and since he knows that no court in the nation will back him (and thus us, the little people), his only course of action is to (like Ronald Reagan) go over the heads of the elected few and champion his cause to the little people and his sponsors, based on 1st amendment arguments... specious at best... as Interstate Commerce control and regulation will over-ride his right to talk about whatever, everytime.
But I could be wrong.