Thursday, January 14, 2010

Uncle Charlie's Thorn

Why Uncle Charlie’s Thorn? “Uncle Charlie” is used by some as a code name for the Federal Communications Commission, just as “Uncle Sam” is used for the United States’ government. I am an attorney who represents people who have received a fine from the FCC. Hence, I am Uncle Charlie’s Thorn. I am a thorn in the side of the FCC. I stop the FCC from improperly fining people who might, or as is often the case, might not have violated the FCC’s rules.

The FCC’s rules are set forth in a number of Parts published in 47 Code of Federal Regulations. You can search for specific topics here. FCC regulations Even though it is pretty easy to search for topics, understanding the regulations is another matter. I have found the regulations to be extremely vague. Also, while regulations regulating a particular type of equipment are generally found in one specific Part of the Code, other Parts of the Code may also apply. For example, the Amateur or “Ham” radio regulations are generally found in Part 97. However, some regulations are also found in Parts 2 and 15. So, even if you think you understand the regulations, you may be surprised to discover that some regulation in a place you would not expect to find it, somehow changes what you believe to be true.

The FCC is divided into different bureaus, and those bureaus do not always agree on how a rule should be interpreted. Also, the FCC consistently takes the position that it is not bound by any interpretation of the rules by one of its employees. It is not uncommon for people to receive an okay from someone in the FCC only later to be fined for doing what was said to be legal.

In this blog, we will explore some of the FCC’s regulations, some of the FCC’s procedures and discuss some issued raised by the FCC’s actions.

No comments:

Post a Comment