Elimination of the FCC?

[SteveShannon]

1 minute ago, WRTJ886 said:

Thankfully, you're right.  Unfortunately, we still have to deal with them on the internet.

Yeah, unfortunately, the internet has strengthened kooks of many different flavors.

[WRQC527]

25 minutes ago, WRTJ886 said:

Sovereign citizens usually don't put a lot of weight into the general welfare clause.

And yet they drive on interstate highways. Seems a little hypocritical.

[tcp2525]

22 hours ago, intermod said:

Does anyone know what gives the federal government the right to get involved in local wireless communications - or their justification to even exist as an agency?

I can understand that they could justify involvement in long-distance HF, and any wireless signals that cross state or international borders (i.e., commerce clause, etc.).

But I operate on UHF where the signals don't cross any state or international border. 

Their authority to exist is not defined in the US Constitution (of course).  Thus, this responsibility should either fall to the State, or the People. 

Who gave the right to the Biden administration to raise the price of toilet paper? It's getting cost prohibitive to take my morning dump. I'm not going back to the good old days where corncobs were your first choice when you got to the last page of the Sears catalog. I have no problem with the FCC because I follow their rules and guidelines. I don't se an issue here.

[WRYS709]

On 11/28/2023 at 10:02 AM, intermod said:

Does anyone know what gives the federal government the right to get involved in local wireless communications - or their justification to even exist as an agency?

...

Their authority to exist is not defined in the US Constitution (of course).  Thus, this responsibility should either fall to the State, or the People. 

Does anyone know what gives the federal government the right to get involved in local nuclear powered electricity generation?

I don't recall it being a granted power to the federal government in 1789?!?  What about Originalism??

Seems to me this responsibility should either fall to the State, or the People!

Maybe we should allow just anyone to compete in the telecom business, without any regard to those damn regulations established by the FCC, either!

[kuthumi]

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.

[nokones]

No FCC, means more radio frequency interference, higher telephone bills, and more scam telephone calls 24/7, and undesirable language on TV and Radio. Doing away with the FCC was a stupid suggestion.

[WQAI363]

On 11/28/2023 at 3:06 PM, Sshannon said:

Just imagine if all the radio spectrum were unregulated. It would be like CB!

 

Oh heck No! Man, the FCC dropped the Ball when they decided to end individual licenses for Class D CB radio. Of course, I don't exactly reason for dropping the individual licenses. Than again, by the late 80s through 90s, there have been too many individuals who took advantage and made their own R&Rs.  Man, No wonder why Amateur Radio Operators want distance themselves from !1m dwellers.  I hope the FCC keeps FRS GMRS and MURS out communications H+ll, because it's the only social media network that doesn't require internet interface connection when everything goes down, and it will go down.

[RevCyberTrucker]

12 hours ago, WRTJ886 said:

Thankfully, you're right.  Unfortunately, we still have to deal with them on the internet.

Nah. Don't waste the calories dealing with them. Pretend they're police asking you questions. 

[Blaise]

On 11/28/2023 at 6:54 PM, WRYZ926 said:

With no FCC then all bands would be like CB is

I'm so confused. Why do people keep saying this?  CB only exists because of, and is regulated by, the FCC!

Even CB wouldn't be like CB if the FCC didn't exist..

[WRYZ926]

11 minutes ago, Blaise said:

I'm so confused. Why do people keep saying this?  CB only exists because of, and is regulated by, the FCC!

Even CB wouldn't be like CB if the FCC didn't exist..

I use to use CB radios all of the time while traveling. But I stopped using CB around 2007-2008 due to all of the arguing and foul language heard on air. It was hard to actually get useful information from others with all the garbage conversions going on. And I hear the same garbage at times on FRS, especially during deer season.

[SteveShannon]

21 minutes ago, Blaise said:

I'm so confused. Why do people keep saying this?  CB only exists because of, and is regulated by, the FCC!

Even CB wouldn't be like CB if the FCC didn't exist..

Because many CBers completely disregard FCC regulations as if the FCC doesn’t exist.  Hopefully not most CBers, but a very active counterculture that acts with seeming impunity. 

[Blaise]

On 11/30/2023 at 9:56 AM, Sshannon said:

many CBers completely disregard FCC regulations as if the FCC doesn’t exist

But do they, though?  I feel like effectively none of them are running TV or broadcast radio stations or dumping massive amounts of digital traffic on the air.  Even the "freebanders" are mostly within a couple of MHz of where they're supposed to be...  I get that some of them play with amplifiers and such, and they pay little attention to specific rules like "cursing", but otherwise, CB is nowhere near a "wild west", is it? 

[SteveShannon]

28 minutes ago, Blaise said:

But do they, though?  I feel like effectively none of them are running TV or broadcast radio stations or dumping massive amounts of digital traffic on the air.  Even the out-of-band "wildcats" are mostly within a couple of MHz of where they're supposed to be...  I get that some of them play with amplifiers and such, and they pay little attention to specific rules like "cursing", but otherwise, CB is nowhere near a "wild west", is it? 

With displays like this, I would argue that for the folks who engage in such competitions, that’s exactly what it is, the “Wild West” where nearly anything goes.  

[intermod]

On 11/29/2023 at 7:18 AM, Sshannon said:

The powers provided in Article 1, Section 8 laid the foundation for creation of  various government agencies, bureaus, and commissions, including the FCC.  Without regulation, telecommunications, which of course hadn’t been conceived at the time the constitution was written, could affect defense, commerce, and general welfare.  The following paragraphs are those which are most clearly related, allowing for the natural evolution of context.  Invisible waves traveling through the air can be understood to be a logical successor to the concept of commerce on the high seas: 

1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

10. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

and

18. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Commissions, Bureaus, and other regulatory agencies are created in order to provide for the general welfare of the United States.

The General Welfare clause amounted to no more than a reference to the other powers of the subsequent clauses of the same Section.   How could this be any other way?  If "general welfare" was interpreted to mean virtually anything, it would destroy the entire concept of limited (federal) government and justify expenditures in any field.  Limited  (federal) government was one of the primary goals of the Founders.

However, I get that this has been the interpretation for a long time (re: Butler Case, 1936).  I wonder if this has had any impact on our national debt?