[BC] Regulation at the State/Local level

[Bruce Doerle]

Sorry about all the misspellings, my glasses are dirty!

>>> bdoerle at mail.ucf.edu 07/09/05 10:02 AM >>>
My recollection may be a bit rusty since I am not fully aware of all the crap congress imposed in the 1996 rewrites, but if I recall correctly, the FCC never did have authority over unlicensed activity; that was Department of Justice.  FCC has authority over licensed activity or those emitters that are unlicensed by regulation (ie Part 15 devices).  FCC can get a complaint issued against a pairate, but Justice issues and carries out the complaint if they have the interest.  I am sure in Southern Florida there is more notable crime that prirate radio.  I think that is how south Florida got in this situation, no action by the DOJ.

Florida does not need an authorization from FCC to do what they are doing in so much they are not in conflict with any FCC Rules or Regulations.

Bruce 

>>> ""Mario Hieb 07/09/05 3:22 AM >>>
When I was the Radio Spectrum Manager for the 2002 Olympics, we had a 
high-priced Washington law firm. I asked them about the legality of us, the 
Olympic committee, regulating the spectrum in Utah for a two month period.

The answer came back was:

1. The Communications Act of 1934 gives sole authority of spectrum 
regulation to the FCC.

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

We actually had written authorization in the form of a Public Notice.

My question is, does Florida have similar authorization from the FCC?

Mario




----------------------------------------------------------------------------------------------------------------------------
Mario Hieb, P.E.
Consulting Engineer


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