Total posts : 45366
I think without argument, most of us here understand that the regulations you cite are exactly what is written down to guide the FCC in the interpretation and execution of its duties. However, you have missed perhaps the most influential part of the rules; case law. Administrative case law allows regulating agencies of the federal, state and local governments and the courts to execute laws, rules and regulations, and their interpretation, flexing to the needs of the people and technology. Case law is history recorded. Laws are by their very nature dynamic, constantly changing. Otherwise we would still be living in the Dark Ages. Application of technology, regardless of it’s individual history, is in constant flux. FCC rules and regulations should never be considered in the same league with the laws of nature.
Recently, several cases including KenC in Stayton, Oregon have pointed to the fluid interpretation of the exact meaning and application of the rules and regulations. Liberty Radio near Omaha had a similar experience. The overall affect of the ultimate ruling was chilling on many practitioners in Part 15 broadcasting. The argument could be made that none of these cases were “text book” interpretations of the current rules in their totality.
Let’s not forget…the addition that administrative case law gives to the total understanding of what each of us enjoy (Part 15) for our own personal reasons.
So, even though you have reminded us of the actual verse and verb of the rules and regulations, the real world interpretation and execution is marginally different from your account. The final interpretation still leaves room for argument. This discourse is healthy and moves the entire discipline of Part 15 forward for the progressive use of the technology. We should agree that Part 15 is multi-dimensional as a broadcast and communication discipline and unique experiential technology. We cannot know where we are going without the knowledge of where we have been.
Even after nearly a half century working in radio and television, I do not consider myself an expert. The more I think I know, the more I know, I don’t know. I’m just sayin’.