On Thu, 24 Mar 2005 19:56:46 GMT, Dave Heil wrote:

N9OGL wrote:

Under the Communication Act of 1934 the FCC has juridiction over
interstate and foreign commerce via wire or radio, Intrastate
communications is the juridiction of the state.

That's simply wrong if you're discussing radio.

It sure is. Perhaps we should point Mister Wannabe to Section 301
of the Comm Act wherein The Congress gave the FCC jurisdiction over
all non-Federal radio transmissions originating in one state and
received in the same or another state or foreign country. This
codified the law as found by the Federal courts in the _Brown_ case
in the early 1980s and the _Betteridge_ case in -- ready for this --
1942.

The SCOTUS, OTOH, found that the states retain jurisdiction over
radio only to the extent that they may regulate radiotelephone rates
and service areas. The FCC retains jurisdiction over all other
matters.

And finally, thanks to the Finegold Bill, the states and local
jurisdictions can pass laws making it a state-enforceable offense to
violate the CB regulations of power, frequencies, and type-certified
eauipment, subject to appeal to the FCC, and exempting holders of
valid FCC licenses in other services.

That's it. "There ain't no more."

--
73 de K2ASP - Phil Kane