The decision was based on the doctrine of federal preemption of state and local
laws by Article VI (the "Supremacy Clause) of the U.S. Constitution, which
reads, in pertinent part, as follows:
This Constitution, and the laws of the United States which shall be made in
pursuance thereof; and all treaties made, or which shall be made, under the
authority of the United States, shall be the supreme law of the land; and the
judges in every state shall be bound thereby, anything in the Constitution or
laws of any State to the contrary notwithstanding.
Another interesting application of FCC preemption of radio regulation is that
only the Commmission has the jurisdiction to regulate alleged radio
interference, regardless of whether the alleged interference is inadvertent or
intentional. Example: in 1975 the WESCARS net, by its attorney Ed Peck, K6AN
(SK) sued Ralph Ennis, WA6GVG, in state court for an injunction against his
alleged interference with the WESCARS net. The case was dismissed on demurrer
(pre-trial proceedings) on the basis that, under federal preemption and the
supremacy clause, only the Commission can regulate interference in the amateur
service. After the case was dismissed, WA6GVG sued WESCARS and its officers
for malicious prosecution and abuse of process and collected over $20,000 from
them. Moral: NEVER try to take amateur enforcement into your own hands.
Leave it to the Commission. Bill Crowell, N6AYJ
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