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kuthumi

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Everything posted by kuthumi

  1. The title is Elimination of the FCC but the content is asking if anyone knows "what gives the federal government the right to get involved in local wireless communications - or their justification to even exist as an agency?" So elimination of FCC is not a thing. Anyway, anyone who holds any FCC license should know the answer to the question. Congress passes laws, including laws that establish agencies of the government. FCC is one of those, in 47 U.S.C. §151: "For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter." FCC preempts state and local laws in most cases. As the Congressional Research Service wrote: "The Communications Act gives the FCC broad regulatory authority and, along with it, the ability to preempt state laws that conflict with or frustrate its regulatory actions. When the FCC is acting within its proper statutory authority, the U.S. Constitution’s Supremacy Clause ensures that its actions prevail." But there is much more to that which is why there is a whole report on it.
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