[BC] Vigilantes

[Ron Castro]

The FCC is under the authority of the Executive Branch, and the 
Commissioners serve at the convenience of the President, hence he, and the 
US Secret Service, which is also under Executive authority, can overrule the 
FCC.  The Secret Service is there to protect lives, not to make sure Bryant 
Gumbel has a crystal clear IFB.

Ron Castro
Chief Technical Officer
Results Radio, LLC


----- Original Message ----- 
From: "Mario Hieb, P.E." <mario at xmission.com>
To: <broadcast at radiolists.net>
Sent: Saturday, July 09, 2005 9:38 AM
Subject: [BC] Vigilantes


>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
>
>
>
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