It begins by eliminating Constitutionally-law and federally-authorized repeaters. California absolutely will not stop there. Once the repeaters are gone, they’ll pass their own laws governing the use of the radio frequency spectrum before monitoring the airwaves and rounding up violators.
NO CAN DO, Cali. That’s the FEDERAL Communications Commission’s bailiwick, as established by the Communications Act of 1934, commensurate with the United States Constitution and Constitutionally-lawful Congressional authority.
You cannot “demand” SQUAT on this issue.
“The Federal Communications Commission (FCC) is an independent agency of the United States government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction over the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security.”
IN FACT, those repeaters exist to FACILITATE Homeland Security.
“Amateur radio, also known as ham radio, is the use of radio frequency spectrum for purposes of non-commercial exchange of messages, wireless experimentation, self-training, private recreation, radiosport, contesting, and emergency communication.”
EMERGENCY COMMUNICATION, by We the People, no less! But it’s also about all the rest of the above.
This RIGHT is covered by the Constitution itself as well as two Amendments to the Constitution for the United States of America:
Article I. Section. 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
The Repeater Infrastructure exists FOR THE COMMON DEFENSE. In fact, 47 CFR Part 97 – AMATEUR RADIO SERVICE defines Frequency coordinator: An entity, recognized in a local or regional area by amateur operators whose stations are eligible to be auxiliary or repeater stations, that recommends transmit/receive channels and associated operating and technical parameters for such stations in order to avoid or minimize potential interference. ” Furthermore, ” Repeater. An amateur station that simultaneously retransmits the transmission of another amateur station on a different channel or channels.” Also, ” Station. A station equipped to engage in radio communication or radio transmission of energy (47 U.S.C. 153).”
As you can see, these activities are covered under FEDERAL regulations. California has absolutely ZERO authority to override these Constitutionally lawful federal regulations.
“To promote the Progress of Science and useful Arts”
Covers “wireless experimentation, self-training.”
“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
Covers “EMERGENCY COMMUNICATION.”
“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;”
You can appoint the Officers, but you CANNOT override Congressional authority covering the rest.
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” That includes the FCC.
This cements the authority of the Communications Act of 1934 and Congress’ authority — NOT CALIFORNIA’S — to govern amateur radio services.
FREEDOM OF SPEECH: Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
SEPARATION OF POWERS: Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
TRUTH is the new Hate Speech, and California cannot stand the Blunt Force Truth, much less Truth Uncensored
Well, gee, California, that’s just TOUGH. Now go wipe your pansy-assed noses. You have NO authority to interfere with Constitutionally lawful FEDERAL authority. You’re a STATE, part of the United STATES of American, not some independent sovereign nation. You either abide by the RULES i.e. the United States Constitution from which all Federal Law is authorized, derived, and with which you must abide, or RESIGN and let someone who knows how to FOLLOW THE LAW take over your position.
If you refuse out of power-hungry arrogance, or fail out of ignorance and incompetence, We the People WILL boot you out of the Union.