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RiceRacerDX

macrumors 6502
Original poster
Jan 31, 2009
386
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http://online.wsj.com/article/SB123876873806886721.html

According to this article, they are trying to see if it AT&T and/or Apple is in the right or wrong by preventing its use over cellular networks.

After a little bit of research, I have found that the FCC rules, specifically those listed under Part 15 (see for yourself but don't ask me where I found it, lol: http://www.fcc.gov/oet/info/rules/part15/PART15_07-10-08.pdf), state that jurisdiction of the airwaves is the sole purview of the Federal Government. There are many reasons for this, interstate commerce issues being but one. Therefore, a state (or in this case, AT&T/Apple) has no jurisdiction over the regulating of airwaves and can not enact or enforce such a rule/law. Note, the iPhone does not operate under Part 15. It's licensed. The cell provider holds the license from the FCC.

If anyone disagrees with my findings, please share as I am not a legal or FCC expert.
 
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