Licensing Issue:
Radio station licensing goes back many years even before the FCC was created.
http://wireless.fcc.gov/services/index.htm?job=service_home&id=family
Notice in the F.C.C RULES in the above link that they state “If you operate a radio under the rules that apply to GMRS, you must have a GMRS license.”
The FCC stated that “IF” you operate a radio under the “rules” (NOT the law, as we have NO laws pertaining to this in the U.S.A.)
AND I choose other then “IF”.
In other words I am NOT operating MY radio in direct accordance with the licensing request that they set and therefore I am not to be held liable to them for any corrective actions by my violating that “rule” they made because I never agreed to do so in any volunteered binding contract (I/E the license) in the first place,
They do not have my signature agreeing to do so on any legally binding contract with me so therefore no contract agreement can be broken by me.
Since the only LAW that the commission has is the communications act, I am not breaking any law by not applying for and/or holding a valid FCC issued license I/E (contract).
This is the SAME issue that the federal judge sided with me on back in the 70’s when he exempted me (but now so is everyone else not a current holder of any F.C.C. issued license) from all FCC “RULES” provided no harmful interferences.
Most everyone has figured out by now that there is no spectrum enforcement nor has the F.C.C ever been authorized to enforce any rules that they made AND admittedly have no records of. (that is the responsibility of another government agency) unless interference was the primary subject matter.
When operating a transmitting station employing commercially built equipment, CASE IN POINT GMRS RADIO one can assume spectral purity due to F.C.C type acceptance of the transmitting unit, therefore it would be impossible to generate interference when PROPERLY operating and “sharing” a service set aside for specifically that purpose.
In addition as part of our constructional rights we all have equal access to employing certain services without any license like AM-FM-TV broadcast bands, CB, FRS GMRS and the like, and also everyone has equal access to ANY un-used spectrum provided no harmful interferences. Some exceptions are in place such as accessing transponders or amateur radio repeaters that specify the need to have a valid ham license, non licensed operators would be considered by those users to be an interference to the normal operations on those frequencies.
Because energy knows no boundaries interstate commerce issues would be more of a concern then having a license do to the fact that the transmitted energy would be in nature crossing borders.
Just like the air that we all breath, we all own the airwaves, Not the FCC, not Clear Channel or any agency or group. Problems arise only when our right conflicts with the rights others also have to employ the airwaves,
In the beginning of radio so much interference was generated between broadcasters that it became apparent that some standards agreed on was needed to be set by some sort of a non biased regulatory third party.
The Federal Radio and Communications Commission was created to set our standards, license and channelize our broadcasters.
Having stated this, just because a transmitter operator does not have any F.C.C issued license, which is nothing more then a contract waving rights, restricting and limiting access to the airwaves, does not imply that we have no need to follow the FCC’s set standards that are in place to allow everyone else equal access to the air as well.
I/E one may be able to drive a car without having a license but that does not allow one the right to run red lights and or speed, as that would also be interfering with the normal access of others and endangering lives and property.
Understand that everyone, licensed or not is responsible for their over the air actions and transmissions, fundamental as well as all harmonic content.
No one should be allowed spectrum access unless they have some idea how to use the radio equipment and understand that they are responsible for their actions.
Ignorance of acceptable set standards is no excuse and improper operating practices would also be interfering with the normal access of others and potentially endangering lives and property.
Although licensing creates an artificial barrier to most spectrum access it does serve several worthwhile purposes.
As R.F output power goes up the responsibility for and consequences of improper operation of a radio system increase regardless if it is licensed or not.