[BC] Vigilantes

Sat Jul 9 14:57:50 CDT 2005

Section 305 of the Communications act of 1934 gives the President full power 
to assign government-owned radio equipment to any frequency he chooses. 
This power is delegated to the Assistant Secretary of Commerce for 
Communications and Information, who just happens to be the administrator of 
the NTIA.  See this reference:

http://www.ntia.doc.gov/osmhome/roosa4.html

Ron Castro
Chief Technical Officer
Results Radio, LLC

----- Original Message ----- 
From: "Bruce Doerle" <bdoerle at mail.ucf.edu>
To: <broadcast at radiolists.net>
Sent: Saturday, July 09, 2005 11:25 AM
Subject: Re: [BC] Vigilantes

> Ron,
>
> My memory tells me differently and is supported by the FCC website: 
> http://www.fcc.gov/aboutus.html.  The FCC is an independent regulatory 
> authority much like many other government agencies.  The President elects 
> the commissioners based on the party system with the majority going to the 
> controlling party and Congress controls the purse strings.  Guess who 
> really has control?
>
> Frequencies that are not under the FCC control are controlled by the NTIA 
> and joint coordinating commisions in Washington.  I certainly hope you 
> don't think that the DOD, DOJ, and all others go to the FCC for licensing. 
> That is not the way it works.  The FCC has a block of frequencies that it 
> is authorized through either treaties such as marintine frequencies, 
> broadcasting in Region 3, and so forth.  The FCC exercises licensing and 
> regulatory responsibility over these frequencies.  However, the FCC has no 
> control other goverment agencies.
>
> Bruce
>
>>>> ronc at sonic.net 07/09/05 1:36 PM >>>
> 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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>>
>
>
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