[BC] Regulation at the State/Local level

[Paul Christensen]

> 2. The FCC can delegate this authority to anyone they wish.

That was my response a few days ago in that *some* regulatory authority can 
be delegated.  We oftentimes see this when the U.S. Constitution grants 
Congress the authority to create government agencies - then Congress creates 
the agencies, administered under the Executive Branch.

As long as Congress does not specifically preclude an agency from deferring 
it's authority, then the agency can delegate a portion of that authority 
where it deems necessary, including state governments.  We just don't see 
this occur very often because of the nature of wanting to keep the 
authoritative power within one's own "turf."

If the FCC is constructively including the state on enforcement issues, a 
written instrument between the FCC and the state may not even be necessary. 
The limits of deferment, and form of notice would be a good 
precedent-setting issue to research under case law.

-Paul


====================================
Paul Christensen, CPBE
LAW OFFICE OF PAUL B. CHRISTENSEN, P.A.
3749 Southern Hills,  Jacksonville, Florida 32225
Office: (904) 379-7802   Facsimile: (904) 212-0050
pchristensen at ieee.org