mAximo wrote:
(a) A licensee of an international broadcast station shall render only
an international broadcast service which will reflect the culture of
this country and which will promote international goodwill,
understanding, and cooperation. Any program solely intended for and
directed to an audience in the continental United States does not meet
the requirements for this service.
This does not apply to domestic broadcast stations.
True, but we're talking about domestic *shortwave* broadcasting, and
there is no such thing in the United States.
At least not legally. Certainly (as has been pointed out by others,
myself included) many U.S.-based international stations have large
"incidential" domestic audiences. And of course there are other radio
services (such as amateurs) allowed to communicate domestically on
shortwave, but they're not allowed to broadcast to the general public.
("incidential" in quotes as I think we all know the stations sure don't
consider those audiences incidential!)
47CFR73 Subpart F defines "International Broadcast Stations". It
contains the above-cited regulation that proscribes programs solely
intended for a domestic audience. It also allows operation on various
frequencies in the 3-30MHz shortwave spectrum. (and nowhere outside
shortwave)
47CFR73 Subparts A-E define "AM Broadcast Stations" (535-1705KHz), "FM
Broadcast Stations" (87.9-107.9MHz), "Noncommercial Educational FM
Broadcast Stations" (also 87.9-107.9MHz), and "Television Broadcast
Stations". (TV channels 2-69) Programs intended for a domestic
audience are encouraged. [0] Operation is only allowed within those
specified frequency bands - none of which fall within the shortwave
spectrum.
There is no intersection of the services. Either you're an
International station operating at shortwave, or you're some other kind
of broadcast station and you're allowed to operate only at either
medium-wave or VHF/UHF.
(73.701 goes on to mention the existence of government-owned
international stations but that the FCC doesn't regulate them)
Another case of the fox guarding the henhouse, and deciding that
the regulations he made don't apply to him, at least not for gov't-
-owned int'l stations, but they may apply to gov't-owned domestic
stations such as jammers, unless also exempted.
I suppose, though this principle is hardly unique to broadcasting
services. Federal government use of other frequencies (for example,
military communications, or the FBI's two-way radios, or WWV) is not
subject to FCC regulation either.
I would suppose this is set forth in 47CFR0 or 47CFR1, the regulations
that set forth the structure and powers of the FCC.
("International broadcast stations" are the only type defined as allowed
to use shortwave frequencies - there are no rules authorizing a
You misread the regulation. It doesn't say that Int'l broadcast stations
are the only ones allowed to use SW frequencies. Besides, ham stations
on 40 metres are using parts of the Int'l broadcast bands, and so would
fall under this regulation, if such a restriction were called for by
statute. But such a statute doesn't exist, or it would be cited at the
start of the chapter. Otherwise, the regulator would be exercising
legislative power, in breach of the separation of powers, and would
be making regulations inconsistent with law.
Hams on 7100-7300KHz in the (continental) USA are operating in spectrum
allocated to the amateur radio service. They operate solely under
47CFR97, the regulations applicable to amateur radio. (and which
specifically prohibit them from broadcasting to the general public)
The allocation of that spectrum in Regions 1 and 3 is different, which
is why the broadcasters are there. It doesn't mean American amateurs
are subject to broadcast regulations.
[0] though I see nothing in the regulations that would prohibit a
station from specifying a "principal community" outside the United
States, if that community was close enough to the border that a
"city-grade" signal could be provided from a transmitter site within
U.S. jurisdiction. Cooperation of the foreign country would also be
necessary in allowing siting of the "public file" in their territory.
I certainly would not hold my breath waiting for such a station to be
authorized!
--
Doug Smith W9WI
Pleasant View (Nashville), TN EM66
http://www.w9wi.com