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Old December 28th 05, 05:35 PM posted to rec.radio.broadcasting
David Eduardo
 
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Default Help Defeat Ill-Conceived FLA Radio Law


"Bob Haberkost" wrote in message
...


It's long been established, though, David (and as for a citation, I'll
leave it to someone else to find the case law) that the FCC and only the
FCC has the power to regulate spectrum usage, pursuant to the powers
granted the Federal government under provisions of the 10th
Amendment....you know, where the powers not so enumerated fall to the
States?


Florida cleverly gets unlicensed radio stations on a combination of zoning,
lack of permits, lack of RFI studies and other issues that do not have to do
with actual spectrum assignment. They lump it all in a sort of basket of
public endangerment which will probably stand up in a court, as they are
essentially enforcing safety and zoning rules.


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