[BC] Vigilantes

[Mario Hieb, P.E.]

I guess another example could be local SBE chapters doing frequency 
coordination. My FCC attorney calls them "vigilantes."

During the Olympics, I had a coordination issue with the US Secret Service; 
they were using frequencies that I had FCC licenses for and had assigned to 
ski teams. I had written authority from the FCC that I was the regulatory 
authority during the Olympics (because they didn't want to do it.)

I argued that the Secret Service needed to change frequencies because I had 
the authority. FCC threatened to fine us. I said "go ahead...give it a try" 
My management caved in to the Secret Service and FCC, but I would have 
loved to have seen this one go to court.

This Florida thing seems to be setting a dangerous precedent for vigilante 
groups in other areas, homeland security, etc. Also, what's to keep me from 
starting the Utah Communications Commission, based on the Florida 
precedent? I know quite a few operators here that are in violation of FCC 
Rules. Can I now go in and shut them down?

Mario


At 08:17 AM 7/9/2005, you wrote:
>Message: 24
>Date: Sat, 9 Jul 2005 08:47:38 -0400
>From: "Paul Christensen" <attorney at broadcast.net>
>Subject: Re: [BC] Regulation at the State/Local level
>To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
>Message-ID: <00ef01c58484$63021ec0$073ca8c0 at Dorm>
>Content-Type: text/plain; format=flowed; charset="iso-8859-1";
>         reply-type=response
>
> > 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

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

36 H St. #2
Salt Lake City, UT 84103

e-mail: mario at xmission.com
text: 8015546069 at mmode.com
cell: 801-554-6069

NSPE ~ AFCCE ~ SBE