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FCC authority to conduct warrentless searches of Private Property

FCC seal

FCC seal

I was this interesting tidbit on the Radio World website the other day.  The question is, how much authority does the FCC have to conduct a search of a private residence.   The Electronic Frontier Foundation wanted to know therefore they sent a FOIA request to the FCC seeking documents supporting this claimed authority.

The documents received seem to be redacted and some are mostly blank, such as the training module on how to obtain permission to enter private property is supposed to take 6 hours to complete, but consists of 3 paragraphs and 2 questions.  Hopefully that is redacted and does not reflect on the quality of agents the FCC is employing these days.  The upshot seems to be the agent either needs a warrant or permission.

It may be surprising to some citizens, however, the FCC does have the authority to investigate radio signals, whether they are intentionally generated, as in a pirate broadcaster, or unintentionally generated, as in a piece of gear gone bad.

According to federal regulations, an FCC agent may request entry to inspect a private building anytime he/she believes there may be a device emitting radio frequency energy.  This includes anything with a FCC part 15 sticker, which can be computers, TV remote controls, garage door openers, WiFi network routers, etc.  This basically covers every house in the US as well as most businesses.  Those rules were written when most homes and businesses did not have any RF generating devices and there was little to indicate that they ever would.

Consequences for failure to allow an FCC field agent into a residence or business appears to be the issuance of a citation in the form of a threatening letter.  Continued intransigence would be met with a NAL (Notice of Apparent Liability) followed by a forfeiture notice also known as a fine.  The typical FCC fine these days seems to be $10,000.00.  If it is a repeated and willful violation, equipment can be ceased and the perpetrator arrested.

In instances where safety of life is in question, then every step necessary to disable the offending device needs to be taken.  Things like transmitters spurring into aircraft frequencies or TV antenna amplifiers running wide open, also interfering with aircraft frequencies comes to mind.

One of the examples given details a field agent trying to track down a noisy cable TV amplifier.  From the FCC field agent’s perspective, the homeowner appears to be a royal pain in the ass.  In this day and age when everything has a computer and most of them generate RF, tracking down interference can be a painstaking process, especially where housing is dense.  Uncooperative home owners, especially dumb ones, who have no idea what they have plugged in only make things worse.

Still, there is the issue of forth amendment rights, which, if the above law was misinterpreted, misused or applied with the wrong standard would likely be trampled.  In these days of extra constitutional activity, giving Los Federales an entry into one’s house might invite unwanted scrutiny by other agencies.  As far as changing the rules, with the current group of scoundrels and rouges in the legislative branch, one might end up with something ten times worse than before.

Axiom


A pessimist sees the glass as half empty. An optimist sees the glass as half full. The engineer sees the glass as twice the size it needs to be.

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~1st amendment to the United States Constitution

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~Benjamin Franklin

The individual has always had to struggle to keep from being overwhelmed by the tribe. To be your own man is hard business. If you try it, you will be lonely often, and sometimes frightened. But no price is too high to pay for the privilege of owning yourself.
~Rudyard Kipling

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~Universal Declaration Of Human Rights, Article 19

...radio was discovered, and not invented, and that these frequencies and principles were always in existence long before man was aware of them. Therefore, no one owns them. They are there as free as sunlight, which is a higher frequency form of the same energy.
~Alan Weiner

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