Comment by Gormo
1 day ago
What statute gives authority to the FCC to "make up rules for marketplaces"? My understanding is that they only have authority over actual broadcasting.
1 day ago
What statute gives authority to the FCC to "make up rules for marketplaces"? My understanding is that they only have authority over actual broadcasting.
the Secure and Trusted Communications Networks Act of 2019 (47 USC 154 1601 ff) is one place, among others, that Congress gave the FCC the authority to make rules about importing and selling electronics
>Such regulations shall be applicable to the manufacture, import, sale, *offer for sale*, or shipment of such devices and home electronic equipment and systems, and to the use of such devices.
https://www.law.cornell.edu/uscode/text/47/302a
from the article
https://www.fcc.gov/document/fcc-adopts-rules-strengthen-rul...
If you believe the FCC or Congress misapplied the interstate commerce authority in the constitution or prior case law, then you can take this up in Federal Court after you synthesize standing by trying to list a radio for sell on ebay
this SCOTUS has expressed interest in reverting the interstate commerce authority to its pre-New Deal interpretations, which would disintegrate the administrative state of the last 100 years, so they’re just waiting for a case, if you’d like to see what small government looks like again