Total posts : 45366
There actually was an extensive effort by KENC to comply with the rules, which also involved the transmitter manufacturer, Rangemaster, the staff of a U.S. Senator from Oregon, and the laboratory staff of the FCC’s Office of Engineering and Technology (OET). The problem for KENC was obtaining sufficient range while still complying. Ultimately, the OET decided that the proposed changes that preserved enough of the range were non-compliant with the rules.
As for the power of the FCC to regulate intrastate radio, they have had it for going on 80 years, and all challenges to that power have so far been unsuccessful. The constitutionality of Federal regulation of radio signals that do not cross state lines is still being challenged by some, but the courts appear to be overwhelmingly in the FCC’s corner.