More from the Overlords

[MechAg94]

It seems like I heard that game wardens are sometimes used to probable cause since they have more authority to enter property than other LEO's.  Just stuff I have heard though.  I know those guys are busy. 

[MicroBalrog]

A variety of reasons.  Ignorance of the law, desire to do something clandestine, a belief they are "fighting the man", etc.

IIRC, there is an exemption for low powered stations, but I do not recall the details.

Chris

Wasn't it comparatively easy to get broadcast licenses in the US?

[mtnbkr]

No clue, Micro.  I haven't looked into it.

Chris

[digitalandanalog]

Wasn't it comparatively easy to get broadcast licenses in the US?

Unless .gov has really upped the regs it is really easy to get a personal license to transmit between private individuals i.e. ham type stuff.

Commercial is more tricky, but far from impossible. IIRC, licenses are granted based on your power level.

IIRC, there is an exemption for low powered stations, but I do not recall the details.

I seem to recall that the exemption applied to 100 watts and lower on the common radio bands. I remember reading about a court case 1 to 2 years ago. Some guys wanted to run their own low powered radio station in New York and they had to fight the FCC over whether or not they could broadcast.

It wasn't a fight over content. Rather it was a fight over unused bandwidth and signal strength. Apparently there are lots of little guys who want to broadcast into your radio. You are unlikely to hear them due to the fact that 100 watts transmission strength in the radio band isn't all that powerful...especially in a place like NYC. Too much interference, reflections, lack of line of sight, blah, blah, blah...

[MicroBalrog]

Commercial is more tricky, but far from impossible. IIRC, licenses are granted based on your power level.

Would it be fair to say that if you're wealthy enough to operate a commercial radio station with the needed equipment, you're going to get the permit?

In Israel, the motivation for pirate radio is simply because, even today, it is nearly-impossible to get a new station established, especially one that broadcasts to the entire country (our country is small, so it is possible to cover it all with one station), which would require, essentially, a sign-off by the Minister of Communication himself. Some of our big pirate stations got established simply because at the time they could not get a permit at all. Digital radio, to my knowledge, has not even been legalized yet.

But do I understand correctly that this motivation would not exist in America?

[digitalandanalog]

Would it be fair to say that if you're wealthy enough to operate a commercial radio station with the needed equipment, you're going to get the permit?

The FCC is all kinds of in love with selling bandwidth. Bandwidth is actually auctioned off to the highest bidder. The feds were drooling after thinking of all the money they can make from selling portions of the bandwidths once the ATSC is the only method of over the air transmission on TV band.

They were literally talking about the sales to net them Billions of dollars. And the big boys are willing to pay.

[RevDisk]

The only time they really come down hard on anyone is obscenity claims in broadcast media. 

Broadcast media is not afforded first amendment protection.  I'm afraid I'm not a legal expert on why this is the case, something to do with the limited number of broadcasters and large potential audience.

Previously, books and printed media were subject to the same infringements under the guise of obscenity laws, but they were accorded first amendment protection by the courts.  That's why you can now buy porn in print or on recorded media, but no porn may be transmitted over the air.  Previously, this was not the case and the Postmaster General was tasked with censorship of the mail.  Specifically to protect folks against the social ill of obscene printed material transferred between states.

  I can't imagine them asking to enter the home of a wireless router owner.  Yeah, anything could happen, but this "ability" has been in place for 75 years without apparent abuse.  Until yesterday, nobody was afraid of the big bad FCC.  Now we're quaking in our boots. :)

I wonder what heinous powers the local meter reader has...

Chris

I could care less (in the big picture) of the FCC kicking in doors to examine home networking equipment.  I would be very worried if the FCC was allowed to delegate forcement.  If local, state or fed LE agencies were delegated enforcement abilities on behalf of the FCC, that would be worrisome. 

If the FCC is legally allowed to sign a piece of paper stating "DHS is allowed to enforce FCC regulations and monitor for noncompliance", I'd be highly annoyed.  It'd be a nice loophole allowing other agencies warrantless entry to private homes if they happened to bring along a spectrum analyser that 'happened' to say RF traffic was being generated thus they could perform a compliance check.

Maybe it's far fetched, I certainly hope so, but I'd prefer that either the courts rule on whether it's an infringement of the fourth amendment or that Congress pass a law is passed restricting such compliance activities strictly to the FCC.  It's not a big deal for now, but sooner or later, the FCC will probably use it.  Then the courts get to hash it out.

[mtnbkr]

I'd prefer that either the courts rule on whether it's an infringement of the fourth amendment...It's not a big deal for now, but sooner or later, the FCC will probably use it.  Then the courts get to hash it out.

Will they though?  They've only had this power for 75 years and nobody has a single example of them abusing this ability.  As for the courts, I don't think they can rule until something happens.  At this rate, there may never be a case.

I'm not saying I don't like it, but we can get our panties twisted by a power the FCC has and doesn't use or we can focus on the other powers of govt that are used against us daily.

Chris

[KD5NRH]

If local, state or fed LE agencies were delegated enforcement abilities on behalf of the FCC, that would be worrisome.

It's been done.

NEWINGTON, CT, Nov 29, 2000--President Bill Clinton has signed legislation that permits the enforcement of certain FCC Citizens Band regulations by state and local governments. Amateur Radio operators are exempt from the provisions of the law, now PL 106-521.

If they could slip it in for CB, you can bet they can slip something in for wifi just as easily.

EDIT TO ADD: for that matter, FRS and MURS are considered citizens' band services.  Without even involving Congress, they could theoretically redefine wifi as a citizens' band data service.