[TowerTalk] potentially interesting FCC ruling today

[Bill Crowell]

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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