2 years in jail for using cell phone

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Although there are unlicensed radio bands, like CB and FRS, they are still regulated by the FCC as to maximum power and other technical specifications.  About the only spectrum not regulated by the FCC is sunlight :)
 
No, the issue is tihs. Is the FCC's authority EXCLUSIVE of all others.

The FCC has the authority to issue and regulate licenses and use of the air waves by unlicensed persons.

However several states have laws which HAVE withstood the test of the courts limiting where and when said radios could be used.  Usually these laws regulate receivers, not transmitters.

For example: Possession of a radio receiver capable of receiving police transmissions while in comission of a felony is against the law here in Michigan, unless you are a licensed ham radio operator, or police,fire,ems (public safety) officer, in which case I'm not sure.

Possessing of such radios by convicted felons is also limited, with exceptions, and there are several other restrictions, again with the execptions.  Full law upon request or www.michigan.gov and dig it out
 
From the Wikipedia article on the FCC

The FCC was established by the Communications Act of 1934 as the successor to the Federal Radio Commission and is charged with regulating all non-Federal Government use of the radio spectrum (including radio and television broadcasting), and all interstate telecommunications (wire, satellite and cable) as well as all international communications that originate or terminate in the United States. It is an important factor in US telecommunication policy. The FCC took over wire communication regulation from the Interstate Commerce Commission.

Their power is the power of Congress to control interstate commerce which both broad and exclusive.

Anyway see the Wikipedia article on the FCC.
 
Agreed Carl, however how does this prevent states from regulating the use of 2-way radio in cars, Cell phones in cars, or television receivers in cars.

That is the issue this has been sidetracked to.  Does the FCC have EXCLUSIVE authority to regulate or can states prohibit the use of cell phones and 2-way radios (and I might add television receivers) in cars?

( By the way I do not believe it does so grant, I believe the states CAN restrict save where other federal exemptions exist. and there are other federal exemptions IN SOME CASES)
 
Without starting a big argument (hopefully), the framers of the Constitution took into consideration the individual need for states to regulate themselves and create laws to do so, and generally allowed for States' rights and laws to further restrict those already covered by Federal law and Statute. That is not to say individual States may circumvent them or make less restrictive. In cases of  conflict between Federal law and State law, we have the Supreme Court to sort things out - again, hopefully. ::)   
 
Well, Karl... You won't get argument from me.

Though I do note that the Hot dog industry went to court and sued the state of Michigan.  Michigan had (has) standards for hot dogs that are tougher than the federal standard,  SCOTUS (The Supreme court of the United States) told Michigan it can not enforce it's law because it would place an undue hardship on the hot dog companies to have to make two products one for Michigan and one for the other 50 states (yes 50, though one is not exactly a state)

Of course the hot dog industry could have made just one dog, I mean a dog made to Michigan standards is legal in Ohio, or Indiaa or California or Arizona or.. Well, the other 50

And I note that the AUTO industry makes special cars for California., The court does not object to that.

These are, simply observations however, NOT argument.  I mean based on the above observations I would not be sure which side of an argument to argue!!!!!
 
When I was a youngster, worked in  a large packing house and the hot dog processing stunk so bad most people upchucked just passing thru to go to their job.  I don't eat hot dogs
 
And I note that the AUTO industry makes special cars for California., The court does not object to that.
Click to expand...

That is because Congress specifically authorized California to enforce stricter standards by statute.  The power to regulate interstate commerce lies exclusively with Congress in Article One of the Constitution.

Section 8.
The Congress shall have Power....

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; .....

That said, Congress can grant privileges to states as they do with interstate compacts. 

Article 1, Section 10

No State shall, without the Consent of Congress, ..., enter into any Agreement or Compact with another State, or with a foreign Power,



 
Ok, we do have Hot Dog manufactures based here in Michigan, so for them it's not interstate

But, the bottom line is.  I don't think the idiots know what they are doing (People in D.C.)
 
Depends on the headset but if you have a BT headset on your RIGHT ear odds are the cop won't see it less you look at him

Course if you roll over and crash....
 
Thanks John, lol, but unfortunately my best ear is my left ear.

However, I really need to know, do these new cell phone laws prohibit hands free telecommunications.  I know the original laws allowed hands free communications, but I have no idea if they have evolved into something more rigid.
 
Smoky, over the years I have used a lot of methods for finding out state laws, before I travel. Depends upon which laws you are interested in, but for driving info particularly, I have always called the State Police HQ, in the capitol city. It has worked for me, every time. At least, it tells you what the State Police are enforcing. All but one of those calls was curteous, friendly, and satisfying. (The rotten apple was Missouri.) Where it mattered, the info I got was correct.

Ray D.  ;D
 
Our jails are full to bursting now here in the UK and criminal are getting of with lighter sentences and early release schemes.

Another crazy idea from our government ::)
 
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