Where and to whom does the Wire & Radio Communications
provisions of the Communications Act (47 United States Code
[USC] Chapter 5) apply? Hopefully my analysis below will shed
some light on this question, and I'm sure that my answer will
shock you!
The avowed purpose of the Federal Communications Commission (47
USC Sec. 151){1} is to regulate "interstate and foreign
commerce in communication by wire and radio ... for the purpose
of securing a more effective execution of this policy by
centralizing authority ...". That sounds real good,
'centralizing authority,' that's just what a free society
needs, centralized authority. But I digress.
The above quote from 47 USC Sec. 151, leads one to ask some
questions, specifically what is meant by "interstate and
foreign commerce," and indirectly, what is meant by "United
States"?
UNITED STATES DOES NOT MEAN UNITED STATES OF AMERICA{2}
I'll start with the easy one, United States, which 47 USC
defines as follows:
47 USC Sec. 153 (g) - 'United States' means the several
States and Territories, the District of Columbia, and the
possessions of the United States, but does not include the
Canal Zone.
That's straight forward enough, isn't it? But, what does
Congress mean by 'State'? I know what a 'State' is, don't you?
Well, lets see what Congress means by 'State':
47 USC Sec. 153 (v) - 'State' includes the District of
Columbia and the Territories and possessions.
Why is the definition for 'State' at "(v)" instead of right
after "(g)"?
Now another question, at the moment I'm writing this, I'm
sitting in Montana, am I in a 'State' as Congress has defined it
above?
NO!!! The reason is because of the word 'includes'. The
[s]upreme Court had this to say about 'includes':
"'includes' means to 'comprise as a member,' to 'confine,'
and 'to comprise as the whole part.'" -- Montello Salt
Company v. Utah, 221 US 452 at 466
What this means is, every time you see 'includes' in a statute,
it is used in a restrictive sense (i.e., it is equivalent to
'means').
So, what Congress has said is:
When used in this Act "'United States' means the 'District
of Columbia and [its] Territories and possessions' and
Territories, the District of Columbia, and the possessions
of the 'District of Columbia and [its] Territories and
possessions', but does not include the Canal Zone."
Is that a mouthful or what. I'm sure glad that the 'Canal Zone'
got out of it. Now use a whining voice to say "BUT Congress
would never do anything underhanded like that!"
Well, Congress does know how to write a clear definition for
"United States," for example:
7 USC Sec. 2702 - (h) The term 'United States' means the
forty-eight contiguous States of the United States of
America and the District of Columbia.
If, in fact, that is what the President and Congress wanted to
say in the Communications Act, then they would have written it
that way! Note, above it says "States of the United States of
America" versus "United States" as stated in 47 USC Sec. 153
(g).
INTERSTATE AND FOREIGN COMMERCE
What does 'interstate' mean:
Interstate means "Pertaining to relations between ... the
states of a federal government." -- Webster's Dictionary
Now, we know what the states of the [federal] United States
government are in relation to this section of the USC, they are
just the District of Columbia and the Territories and
possessions of the [federal] United States!
To get an idea of what is meant by 'foreign,' I'll use some
definitions out of Title 26 of the USC:
26 USC Sec. 7701 (a)(4) - The term 'domestic' when applied
to a corporation or partnership means created or organized
in the United States or under the law of the United States
or of any State.
26 USC Sec. 7701 (a)(5) - The term 'foreign' when applied
to a corporation or partnership means a corporation or
partnership which is not domestic.
So, 'foreign,' means anything that isn't in the [federal]
United States. (Pretty wild, ain't it!) (Hint, Hint, Hint,
this is typically the case for all federal statutes.)
CONCLUSION
The Wire & Radio Communications provisions of the
Communications Act only applies to citizens [as defined in the
14th Amendment to the Constitution] and nationals of, and the
geographic areas comprised of, the District of Columbia and the
Territories and possessions of the [federal] United States,
which are Puerto Rico, Guam, and the U.S. Virgin Islands.
The Communications Act is not MANDATORY, does not apply to, or,
in any of Union State or to their Citizens! (Remember, each
Union State is a foreign nation with respect to the federal
United States).
If you wish to be bound by the provisions of the Communications
Act, you can, simply by VOLUNTEERING!! That is, going out and
getting a license, or voluntarily giving them jurisdiction over
you and/or your property.
HOMEWORK: Do you "own" any stuff you bought that has an FCC
TYPE ACCEPTANCE on it? If you own it, why can they demand to
see it, or even take it away from you? (Hint, Hint, Hint,
Constitution, Amend. 4 & 5; That is, unless you are just
renting it.)
---ENDNOTE---
{1} - 47 USC Sec. 151: Purposes of chapter; Federal
Communications Commission created - For the purpose of
regulating interstate and foreign commerce in communication by
wire and radio so as to make available, so far as possible, to
all the people of the United States a rapid, efficient,
Nation-wide, and world-wide wire and radio communication
service with adequate facilities at reasonable charges, for the
purpose of the national defense, for the purpose of promoting
safety of life and property through the use of wire and radio
communications, and for the purpose of securing a more
effective execution of this policy by centralizing authority
heretofore granted by law to several agencies and by granting
additional authority with respect to interstate and foreign
commerce in wire and radio communication, there is created a
commission to be known as the 'Federal Communications
Commission', which shall be constituted as hereinafter
provided, and which shall execute and enforce the provisions of
this chapter.
{2} - Per the U.S. [s]upreme Court:
"The term 'United States' may be used in any one of
several senses. [i] It may be merely the name of a
sovereign occupying the position analogous to that of
other sovereigns in the family of nations. [ii] It may
designate the territory over which the sovereignty of the
United States extends, or [iii] it may be the collective
name of the States, ... united by and under the
Constitution." -- Hoover & Allen Co. v. Evatt, 324 U.S.
652 (1945)
So, according to the [s]upreme Court, the term "United States"
has three meanings:
[i] That the term "United States" can refer to the
'nation' with respect to other nations.
[ii] The term "United States" can be used as a singular
noun ("The United States is...") which refers to the
'internal federal area' created by Article I, Section 8,
Clauses 17 & 18 of the Constitution which establishes the
District of Columbia as its seat of government:
"[Congress shall have Power...] To exercise
'exclusive legislation in all cases whatsoever, over
such district' (not exceeding ten miles square) as
may, by cession of particular States, and the
acceptance of Congress, become the seat of the
Government of the [not 'these'] United States, and
to exercise like authority over all places purchased
by the consent of the legislature of the State in
which the same shall be, for the erection of forts,
magazines, arsenals, dock-yards, and other needful
buildings; - And
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."
[iii] And the term "United States" can refer to the '50
sovereign States' which are united under the Constitution
for the United States of America. In this third sense,
the term is a plural, collective noun ("These United
States..." or "The United States are...") and does not
include the federal area.
From the above, we can conclude that: "United States" does not
mean "United States of America" in federal statues; and that
acts of Congress (and Presidential executive orders) are
powerless over you unless they deal with (1) treason in time of
war; (2) to provide punishment for counterfeiting the coin
(money); and (3) to punish Piracies and Felonies committed on
the high Seas (Powers granted to Congress in Article I, Section
8, Clause 1 through 18).
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