There are several discrepancies here.
First:
Not true.
The 26.7-27.2 MHz range was until 1957 jointly allocated to ISM (industrial, scientific, medical) service as primary users, and the amateur radio service as secondary users.
The forerunner of 11M CB radio was the old Class A UHF service.
Next:
The Communications Act of 1934 established within the U.S. a spectrum-governing body (the FCC) and placed all regulatory authority over such into that bureau's hands.
There was absolutely no doubt as to the FCC's scope of authority at this time. If someone can provide links to federal documents which state otherwise, I would love to see them.
And:
The completed 'kits' still required inspection and certification by a 1st-class Radiotelephone licensee before they could be placed on the air. Disregarding this procedure put the final nails in the experimenter's coffin, so to speak.
Further:
Can someone supply a link to this material? I'm having problems with the paragraph above for a number of reasons. Foremost is the IF breakthough bit. This could be an issue with a poorly-implemented single-conversion superhet receiver, but the majority of high-end CB sets were designed in such a manner that it wouldn't pose a problem.
Lastly:
How about unregulated inter-country communications between unlicensed parties? In some parts of the world it is a BIG issue.
It's not enforced because of budgetary constraints...and because The League of Decency is too busy throwing a hissy-fit over Ms. Jackson's bare breast; demanding that SOMETHING be done about it...
Because they didn't have the funding and/or staffing to enforce usage of the Class D license system.
First:
The cold war started & sanctions were lifted. At the time CB and Ham shared the 11m spectrum and CB required a license.
Not true.
The 26.7-27.2 MHz range was until 1957 jointly allocated to ISM (industrial, scientific, medical) service as primary users, and the amateur radio service as secondary users.
The forerunner of 11M CB radio was the old Class A UHF service.
Next:
However, there were already certain other HF frequencies where unlicensed usage was permitted, dating back to 1938. At that time, power restrictions had been put in place to keep the communications at a short distance to avoid crossing state lines. At the time, congress only had limited ability to regulate commerce, and stuff that crossed state lines fell within certain existing laws that would preclude the feds (FCC, in this case) from allowing unlicensed operation.
The Communications Act of 1934 established within the U.S. a spectrum-governing body (the FCC) and placed all regulatory authority over such into that bureau's hands.
When what was the precurser to the modern CB service was created in 1945, the 155 mile rule was put into effect for two reasons: Because of concerns on the legality (at the time) of FCC's authority over anything that crossed state lines, and also continued concerns over espionage.
There was absolutely no doubt as to the FCC's scope of authority at this time. If someone can provide links to federal documents which state otherwise, I would love to see them.
And:
In 1959, Donald Stoner published a detailed article on how to design and construct a home made CB. At this time, it was not illegal to do so, and commercially available kits became available. By definition, CB at it's earliest stages was experimental. It wasn't until much later that the FCC decided to try and change that.
The completed 'kits' still required inspection and certification by a 1st-class Radiotelephone licensee before they could be placed on the air. Disregarding this procedure put the final nails in the experimenter's coffin, so to speak.
Further:
In 1977, when CB expanded from 23 to 40 channels, there was actually talk about expanding all the way to 27.995, but it was decided against to prevent intermod breakthrough to any 455kHz receiver that used the 455kHz IF stage.
Can someone supply a link to this material? I'm having problems with the paragraph above for a number of reasons. Foremost is the IF breakthough bit. This could be an issue with a poorly-implemented single-conversion superhet receiver, but the majority of high-end CB sets were designed in such a manner that it wouldn't pose a problem.
Lastly:
Are the same concerns that started the 155 mile limit still concerns today? I doubt it.
How about unregulated inter-country communications between unlicensed parties? In some parts of the world it is a BIG issue.
Maybe that's why the FCC doesn't enforce it.
It's not enforced because of budgetary constraints...and because The League of Decency is too busy throwing a hissy-fit over Ms. Jackson's bare breast; demanding that SOMETHING be done about it...
Remember why the FCC dropped the CB license rule?
Because they didn't have the funding and/or staffing to enforce usage of the Class D license system.