FCC can search homes without a warrant?

[KingCobra_CDX882]

Sonwatcher is right when he says ...

"It is my understanding that Regulatory Law must still fall under the scrutiny of Constitutional Law . Just because something falls under Regulatory Law does not mean its execution does not have to follow Constitutional Law ."

Regulatory can Not in past or presently ( nor will it so be in future) ever be able to Ignore Any and All Constitutional Law(s).

That is like saying a state,city,borough/county or village/town law can Supersede any Existing national/Federal law.

However..
That is Not to say a Regulatory Agency will not "try" to bully others (who do not know a Regulatory Law can not be used to Supersede any existing Constitutional Law) and say things that a ignorate person my fear and thereby "consent" and allow whatever regulatory agency says it can do..

One only has to say...Hold on, as i check with my Attorney ( here is his card mr./mrs regulatory agency )

 

[mackmobile43]

Sonwatcher is right when he says ...

"It is my understanding that Regulatory Law must still fall under the scrutiny of Constitutional Law . Just because something falls under Regulatory Law does not mean its execution does not have to follow Constitutional Law ."

Regulatory can Not in past or presently ( nor will it so be in future) ever be able to Ignore Any and All Constitutional Law(s).

That is like saying a state,city,borough/county or village/town law can Supersede any Existing national/Federal law.

However..
That is Not to say a Regulatory Agency will not "try" to bully others (who do not know a Regulatory Law can not be used to Supersede any existing Constitutional Law) and say things that a ignorate person my fear and thereby "consent" and allow whatever regulatory agency says it can do..

One only has to say...Hold on, as i check with my Attorney ( here is his card mr./mrs regulatory agency )

"I hear ya knockin but you can't come in"

 

[5959]

I am far from being a lawyer.
The law allows them to request permission to search.
If you refuse, they can base their evidence on dx readings and prove your violations.
That allows them to obtain a warrant and seize non-certified property.

Originally Posted by KingCobra_CDX882 View Post
Sonwatcher is right when he says ...

"It is my understanding that Regulatory Law must still fall under the scrutiny of Constitutional Law . Just because something falls under Regulatory Law does not mean its execution does not have to follow Constitutional Law ."

Regulatory can Not in past or presently ( nor will it so be in future) ever be able to Ignore Any and All Constitutional Law(s).

That is like saying a state,city,borough/county or village/town law can Supersede any Existing national/Federal law.

However..
That is Not to say a Regulatory Agency will not "try" to bully others (who do not know a Regulatory Law can not be used to Supersede any existing Constitutional Law) and say things that a ignorate person my fear and thereby "consent" and allow whatever regulatory agency says it can do..

One only has to say...Hold on, as i check with my Attorney ( here is his card mr./mrs regulatory agency )

Kiddy porn ?

Just because it is not explicitly stated does not mean jurisdiction does not occur.

Does the constitution allow for the IRS ? Ever hear of tax cheats going to jail ?

States rights supersede federal laws but the FCC enacted legislation to empower local law enforcement the right to seize property and arrest individuals for interference.

In short, the FCC cannot search homes without warrants or implied consent; like every other federal and state police force.
IF YOU SAY NO, then they have to fall back on evidence.Request permission from a judge and then proceed. IF YOU SAY YES, they will seize radios, amps, etc..,

Unless you peed off the ham next door or run 3kw at 150% modulation, you may be safe.

 

[Cat Driver]

"You have NO "right" to operate a radio"

....or pretty much anything else in this country unless the government tells you can!

The faa is now getting involved with trying to control the RC Plane hobby also. Us RC'ers might be F&*(^ed


Ron

 

[C2]

can i still make a paper plane without a license?

 

[Sonwatcher]

As long as you don't enter FAA or military controlled air space

 

[Cat Driver]

As long as you don't enter FAA or military controlled air space

Its the new UAV industry that wants the rules changed. Besides, the FAA controls all US airspace down to the ground if they so choose.



Ron

 

[Sonwatcher]

Just have to make sure the paper airplane flies under radar range.

 

[kr4ey]

The FCC has no right to enter your home without a warrant to conduct an administrative search. This has been the law since at least 1967. The FCC does have the right to inspect equipment at your radio station. Is an access point a radio station? If you refuse to allow an inspection, the FCC can fine you. However, prior to issuing a NAL for engaging in an activity that does not require a license, they must issue a warning in the form of a citation. After issuing the citation, they can then issue a NAL if the conduct continues. They cannot collect the NAL without filing a lawsuit in federal court.

Nothing here about a NAL if they find something illegal.

EB - Inspection Fact Sheet

And they don't need a warrant.

 

[Sonwatcher]

Interesting from the FCC site

Q: Can I have my attorney present during the inspection? Can I make the agent wait to start the inspection until my attorney is present?

A: You may have your attorney present during the inspection; however, there is no constitutional right to have your attorney present. Therefore, you may not make the agent wait until your attorney arrives. Making the agent wait for your attorney conflicts with the "unnecessary delay" requirement discussed earlier.

 

[Shioda]

Nothing here about a NAL if they find something illegal.

EB - Inspection Fact Sheet

And they don't need a warrant.

That inspection sheet is full of BS. The FCC must issue a NAL before they can issue a forfeiture. 47 USC 503 states:

"no forfeiture penalty shall be imposed under this subsection against any person unless and until - (A) the Commission issues a notice of apparent liability, in writing, with respect to such person; (B) such notice has been received by such person, or until the Commission has sent such notice to the last known address of such person, by registered or certified mail; and (C) such person is granted an opportunity to show, in writing, within such reasonable period of time as the Commission prescribes by rule or regulation, why no such forfeiture penalty should be imposed.

A NAL cannot issue unless a citation is issued first. The same statute, at par. 5 provides:

"No forfeiture liability shall be determined under this subsection against any person ... unless, prior to the notice required by paragraph (3) of this subsection or the notice of apparent liability required by paragraph (4) of this subsection, such person (A) is sent a citation of the violation charged; (B) is given a reasonable opportunity for a personal interview with an official of the Commission, at the field office of the Commission which is nearest to such person's place of residence; and (C) subsequently engages in conduct of the type described in such citation."

The FCC cannot issue a fine unless a citation is given first. Then a NAL is issued and finally a Forfeiture is issued.

Also, the FCC may have the right to inspect your equipment, but they have no right to enter your home without your consent or a warrant. The FCC is just trying to use bullying tactics with that notice. If they want to inspect your equipment, bring it to the door and let them look at it.

 

[kr4ey]

Section 303 of the Communications Act of 1934, as amended, (Act) gives the Federal Communications Commission the "authority to inspect all radio installations associated with stations required to be licensed by any Act, or which the Commission by rule has authorized to operate without a license under section 307(e)(1), or which are subject to the provisions of any Act, treaty, or convention binding on the United States . . ." 47 U.S.C. 303 Both Section 303 of the Act, and the Rules which implement the Act, grant the right to inspect most radio operations to the Commission, and by delegated authority to the Commission's Bureaus and agents. The Enforcement Bureau conducts inspections of radio installations as part of the Bureau's function to "[e]nforce the Commission's Rules and Regulations." 47 CFR 0.111(a).

Both licensees and non-licensees must allow an FCC Agent to inspect their radio equipment. Along with the privilege of possessing a license come responsibilities such as knowing the applicable rules, including allowing the station to be inspected. Licensees should be aware of the Commission's right to inspect. Equally important, FCC Agents are allowed to inspect the radio equipment of non-licensees. Non-licensees include those individuals or entities operating in accordance with Part 15 of the Rules. Non-licensees also include those who should have a license to operate their equipment but have not obtained a license and are operating without authority.

Radio equipment is generally used in a commercial setting (e.g., commercial broadcast station, land mobile station, commercial delivery service) or a residential setting (e.g., amateur, citizen's band (CB) radio). Home-based businesses may also operate radio stations. This fact sheet addresses inspection of radio stations in both the commercial and residential settings.

Q: The FCC Agent standing at my door does not have a search warrant, so I don't have to let him in, right?

A: Wrong. Search warrants are needed for entry involving criminal matters. One of the requirements as a licensee, or non-licensee subject to the Commission's Rules, is to allow inspection of your radio equipment by FCC personnel. Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection. Even radio stations licensed under a "blanket" rule or approval, such as Citizen's Band (CB) Radio, are subject to the Commission's inspection requirement.

After having a amateur radio license for the last 21 years I would not want to challenge the FCC. You should know what the rules are beforing operating your equipment.

 

[Moleculo]

After having a amateur radio license for the last 21 years I would not want to challenge the FCC. You should know what the rules are beforing operating your equipment.

Right. When you sign up for the Amateur license, you know what you're signing up for with the FCC.

Did you get the same disclosure the last time you bought a wireless router or baby monitor?

No? I didn't either. That's what this issue is about.

 

[kr4ey]

Right. When you sign up for the Amateur license, you know what you're signing up for with the FCC.

Did you get the same disclosure the last time you bought a wireless router or baby monitor?

No? I didn't either. That's what this issue is about.

I guess nobody reads the FCC Statement in the user manuals for these devices??

Linksys by Cisco Wireless-G Broadband Router WRT54G2

Sony eSupport - NTM-910 - Manuals / Specs / Warranty

All the user manuals or instructions have them. Don't tell me you don't get the same disclosure with these devices. They do!!! I see no issues with wireless devices and baby monitors.

 

[Moleculo]

You better read it yourself. From the Linksys:

Appendix D:
Regulatory Information
FCC Statement
This device complies with Part 15 of the FCC Rules.
Operation is subject to the following two conditions: (1)
This device may not cause harmful interference, and (2) this
device must accept any interference received, including
interference that may cause undesired operation.
This product has been tested and complies with the
specifications for a Class B digital device, pursuant to Part
15 of the FCC Rules. These limits are designed to provide
reasonable protection against harmful interference in
a residential installation. This equipment generates,
uses, and can radiate radio frequency energy and, if not
installed and used according to the instructions, may
cause harmful interference to radio communications.
However, there is no guarantee that interference will not
occur in a particular installation. If this equipment does
cause harmful interference to radio or television reception,
which is found by turning the equipment off and on, the
user is encouraged to try to correct the interference by
one or more of the following measures:​

•

​

​

• Reorient or relocate the receiving antenna

•​

​

​

• Increase the separation between the equipment or​

devices

​

​

•​

​

​

• Connect the equipment to an outlet other than the​

receiver’s

​

​

•​

​

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• Consult a dealer or an experienced radio/TV technician​

for assistance

FCC Caution: Any changes or modifications not expressly
approved by the party responsible for compliance could
void the user’s authority to operate this equipment.
​

​

FCC Radiation Exposure Statement
This equipment complies with FCC radiation exposure
limits set forth for an uncontrolled environment. This
equipment should be installed and operated with
minimum distance 20cm between the radiator and your
body.
This transmitter must not be co-located or operating in
conjunction with any other antenna or transmitter. IEEE​

802.11b or 802.11g operation of this product in​

And it basically says the same thing from the baby monitor manual, although the online version is copy protected, so I can't post it.​

​

Where exactly does it disclose that if I use this product I am implicitly allowing unwarranted search of my home by the FCC? ​

It doesn't.​

You're reading something into those documents that isn't there.​