There is a big difference between what is known as a REGULATION and what qualifies as a LAW. It is not against the LAW in most states to broadcast without a LICENSE but it may be against FEDERAL REGULATIONS. Law school lasts more than a day and none of us hobby casters have attended law school and don't know what we are talking about.
And also we are incorrect in confessing that we are UNLICENSED, when in fact the FCC Rules Part 15 serve as a VIRTUAL LICENSE; IMPLIED LICENSE; AUTOMATIC LICENSE, leaving us FULLY LICENSED without the need to APPLY FOR a printed CERTIFICATE OF LICENSURE.
Carl Blare is based on a true story.
A virtual license! Never thought of it like that. Same here. It's a federal thing not a provincial thing. A certification from ISED and the CRTC grants the privilege of broadcasting "without" a license. The label with the transmitter certification number is your certificate of licensure!
I guess when they say you need a license you actually can get one. A new way of looking at it.
Carl has just changed the way we see ourselves.
https://www.findlaw.com/legalblogs/law-and-life/whats-the-difference-between-laws-and-regulations/
Not to put too fine a point on it, but in Canada, with a BETS certification the CRTC grants an exemption from the requirement to license. For ISED, the certification is the license to broadcast.
Good link Mark, the difference between law and regulation.
It got me thinking that sometimes there's not much difference between 'thinking' and 'imagining', like when we think things that are not precisely true. For example, I tend to 'think' that God intends for me to broadcast, and that would supersede man-made regulations, but I am up against the fact that I don't believe in God, so I need to consult a theologian with a law degree.
There is a big difference between what is known as a REGULATION and what qualifies as a LAW.
From a federal perspective:
A law is passed by both houses of Congress and signed by the president. For FCC related issues, it normally means an amendment to the Communication Act of 1934, which can be found in Title 47 of the United States Code (47 USC).
A regulation is adopted by a federal agency that has been previously authorized by Congress to make such regulations. New and changed regulations must cite authority in federal law. In the case of FCC matters, the Communications Act. Regulations for the FCC appear in Title 47 of the Code of Federal Regulations. (47 CFR).
Congress can pass a law that directs the FCC to create regulations. An example of that is the original Radio Broadcast Preservation Act of 2000, which imposed restrictions on the LPFM service and subsequently, the Local Community Radio Act of 2010, which removed some of the RBPA restrictions but imposed some additional restrictions.
When proposing a regulation change, you need to first determine under what authority that such a regulation would be permitted and if there is anything in the United States Code that would otherwise prohibit it. An example would be: giving primary status to FM translators or to LPFM stations is prohibited because of the LCRA.
While the emission of radio is mainly in the Federal wheelhouse, I do note that New Jersey, New York and Florida all have state laws regarding unlicensed broadcasting. Many states have state level laws that add state charges in cases where law enforcement and other safety of life communications are maliciously interfered with (jammers, etc.). I am not immediately aware of any court cases that challenged these laws.
Michelle Bradley, CBT, KU3N
Founder
REC Networks
https://recnet.com
https://fccdata.org
https://fcc.today
The term the FCC uses is "licensed by rule"
@richpowers Licensed by Rule just means that there is not a specific license authorization required. Other examples include CB radio and FRS.
Michelle Bradley, CBT, KU3N
Founder
REC Networks
https://recnet.com
https://fccdata.org
https://fcc.today
@richpowers Licensed by Rule just means that there is not a specific license authorization required. Other examples include CB radio and FRS.
Right, "licences by rule" are legal operations performed legally in lue of a licence:
"Unlicensed or licensed by rule operations The term "unlicensed or licensed by rule operations" means the use of spectrum on a non-exclusive basis under-
(A) part 15 of title 47, Code of Federal Regulations; or
(B) licensing by rule under part 96 of title 47, Code of Federal Regulations." - From Title 47-TELECOMMUNICATIONS CHAPTER 14 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1508&num=0&edition=prelim
Also legally defined:
"Unlicensed or licensed by rule operations The term “unlicensed or licensed by rule operations” means the use of spectrum on a non-exclusive basis under— (A) part 15 of title 47, Code of Federal Regulations ; or (B) licensing by rule under part 96 of title 47, Code of Federal Regulations." - https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=47-USC-759028021-252549088&term_occur=999&term_src=title:47:chapter:14:section:1508