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How does DCS comply with Part 95 "No Digital Data" on 467Mhz?

Suburbazine

By Suburbazine
in FCC Rules Discussion

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MaxHeadroom Contributor

MaxHeadroom

Posted
Posted
On 12/12/2024 at 10:34 PM, LeoG said:

Congress doesn't have the authority to reassign it's duties.  But like you said it'll be a tough fight because the establishment does what it wants to.  Congress was only suppose to be part time too.  You did your work and went back to your real job.  Now they've turned it into a full time position with pay and perks way beyond what servants of the people should have.

Congress gave FCC the authority to regulate and make laws with Congressional oversight back in 1934. the CFR was created in 1958. The Telecommunications Act was in 1996 which provided a large overhaul of how 47 CFR is legislated/managed since 1934. And lastly, the FCC has an entire website as to how the rulemaking process works down to every key word and step in the process: https://www.fcc.gov/about-fcc/rulemaking-process

So lets stop with these water cooler gossip takes that Chevron Deference is even remotely applicable in this situation - go truly read the Chevron decision and then find me any of the referenced cases/agencies and their applicable rulemaking/legislative framework within US law. I won't hold my breath that you can reach any conclusion because smarter lawyers would have done it by now if there were. The process is well laid out, 90 years old, time tested and proven. And if you truly don't like it - go petition Congress to overhaul the FCC like they last did in 1996 and get your change through both chambers and to the President's desk. 

WSGL775 Explorer

WSGL775

Posted
Posted

Honestly, not many people care about doing the right thing nowadays. I view this stance about like religion. Everybody knows what's right but don't care until they have to answer to the almighty. Then and only then do they ask for forgiveness. Well, not everybody follows the FCC GUIDELINES until they show up at your door, (if they even show up), wanting their pound of flesh. It's only then we ask for forgiveness.

We all know what the right thing is. Whether we choose do do the right thing is a matter of personal preference. The same applies to government. Stay above it!

WSGL775 Explorer

WSGL775

Posted
Posted
57 minutes ago, OffRoaderX said:

You are correct.. But just because a government agency says so, it does not necessarily make it "the right thing".. 

I agree with your thought process Randy. I guess the point that I'm try to make is that when the "Rule of Law" is out the window, you must look into your personal preferences to determine what's right and wrong. Governments cannot dictate this any any way shape or form. We must do so.

By the way - I love your video's!

LeoG Experienced

LeoG

Posted
Posted
8 minutes ago, WSGL775 said:

I agree with your thought process Randy. I guess the point that I'm try to make is that when the "Rule of Law" is out the window, you must look into your personal preferences to determine what's right and wrong. Governments cannot dictate this any any way shape or form. We must do so.

By the way - I love your video's!

There is no rule of law.  It's regulation.  They treat it like law, but it's not.

WSGL775 Explorer

WSGL775

Posted
Posted
7 minutes ago, LeoG said:

There is no rule of law.  It's regulation.  They treat it like law, but it's not.

With that in mind, and there is no law, just regulations, how does the FCC justify issuing fines and levies? And moreover, how is that legal then?

SteveShannon Grand Master

SteveShannon

Posted
Posted
37 minutes ago, WSGL775 said:

With that in mind, and there is no law, just regulations, how does the FCC justify issuing fines and levies? And moreover, how is that legal then?

There is a law. Actually there are several in the Communications Act of 1934 and the amendments from 1996.

https://transition.fcc.gov/Reports/1934new.pdf

The law says follow the regulations or be fined. 

LeoG Experienced

LeoG

Posted
Posted
35 minutes ago, WSGL775 said:

With that in mind, and there is no law, just regulations, how does the FCC justify issuing fines and levies? And moreover, how is that legal then?

That's what the Chevron Deference was about.  Agencies pumping out regulation and then they get to be rule maker, regulator, judge, jury, and prosecutor along with them keeping the fines they impose on people/companies.

MaxHeadroom Contributor

MaxHeadroom

Posted
Posted
On 1/31/2025 at 3:20 PM, OffRoaderX said:

You are correct.. But just because a government agency says so, it does not necessarily make it "the right thing".. 

And a blanket statement like that is why every illiterate appliance operator is screaming about "muh rights".

The FCC has been doing the "right thing" with oversight, citizen input, and everything else every sovereign citizen and smooth brain adjacent has been demanding... and they've been doing it for 90 years. If you have any doubts about that too - just remember 29 years ago Congress once more ratified and expanded that exact rule making authority.

So which one is it - its not the "right thing" and there's just shy of 3 decades or a century of legislative abuse, or it IS the right thing and people need to stop making sensationalist remarks for YouTube revenue... I won't hold my breath for you to have anything productive to say about it considering 54% of this country is only literate to a 6th grade level and you seem to know your audience well considering that statistic...

OffRoaderX Grand Master

OffRoaderX

Posted
Posted
4 minutes ago, MaxHeadroom said:

....every illiterate appliance operator is screaming about "muh rights".

... and everything else every sovereign citizen and smooth brain adjacent has been demanding... 

... it considering 54% of this country is only literate to a 6th grade level and you seem to know your audience well considering that statistic...

We all just wish we could be as smart as you.

SteveShannon Grand Master

SteveShannon

Posted
Posted
21 minutes ago, MaxHeadroom said:
On 1/31/2025 at 1:20 PM, OffRoaderX said:

You are correct.. But just because a government agency says so, it does not necessarily make it "the right thing".. 

And a blanket statement like that is why every illiterate appliance operator is screaming about "muh rights".

But his statement was not a blanket statement.  An example of a blanket statement would be a statement that isists that government agencies are always right or always wrong.  His statement simply admits to the possibility that government agencies sometimes get things wrong. 

 

MaxHeadroom Contributor

MaxHeadroom

Posted
Posted
30 minutes ago, SteveShannon said:

But his statement was not a blanket statement.  An example of a blanket statement would be a statement that isists that government agencies are always right or always wrong.  His statement simply admits to the possibility that government agencies sometimes get things wrong. 

 

I see you don't watch many of his videos... but ok. There are no statements, just "possibilities" but as a PE yourself you should also understand patterns and statistics and make your own statement with an original thought.

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