• mommykink@lemmy.world
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    9 months ago

    not because it has some sort of inherent right to make that choice

    The US legal system works on “all powers not explicitly stated to belong to [governing body] are not granted” so, yes, the radio station does have an inherent right to make that choice. The FCC doesn’t allow them that right. Rather, they don’t forbid them from it, which is completely different.

    • grue@lemmy.world
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      9 months ago

      No, that’s not true. The FCC explicitly has the power (as delegated by Congress) to regulate interstate commerce, which includes radio spectrum since radio waves cross state lines.