RadeoEngineer said:
No, incorrect Mr. Gleason. I understand there are different laws in different countries. For instance, it's illegal for women to drive in Saudi Arabia but not in Mexico, the U.S. and numerous other countries. What I also understand is that violation of an existing treaty (or simple failure to enforce said treaty) between Mexico and the U.S. is a failure to hold as law the treaties and agreements signed to by both countries in an effort to allow everyone a fair and level playing field and a right to coverage without harmful interference of each countries broadcast entities. When an operator operates at variance to their authorization in their advantage and thus causes harmful interference to another operator operating within their assigned authorization, the one operating at variance then becomes illegal and therefore a *cheater*.
It's actually a very simple concept you seem unable to grasp.
The fact is that NARBA is inoperative; Mexico and the US operate on "agreements" and a bi-national commission to mediate.
Radio-darn's explanation is concise and to the point. Read it.
If degrees (or the definition) of tolerance, caused by enforcement or lack of same, creates different standards that is no different from the "definition" of FCC rules by administrative law. for example, the FCC never had "rules" about the percentages of news, PA and Other programming and the number of commercials, but administrative law established the expectations the commission had and for several decades in the 60's and 70's stations followed those ranges.
Canada long interpreted treaties as not obstructing the licensing of 50 kw station on US regional channels; the US resisted this for many decades before changing (and the change had more to do with the definition of "major change" and strike applications than engineering). Different nations, different viewpoints, even within a treaty.
If Mexico's enforcement establishes licensed powers to be investigated only if more than 100% over licensed values (hypothetical case), then stations understand that a 75% increase in power will not generate sanctions, and, thus, is legal. No different than the 70 MPH speed limit on the 10 means you can go 85 and not get a ticket going towards AZ.
I owned two licensed AMs which operated a full 5 kHz off the assigned frequency for several years.
But, more to the point I am making: I had one AM licensed to 805 kHz and which was precisely on 805. Yet I got a direct letter from the FCC in the US saying I was interfering with WGY in violation with international treaties. I took the letter to the Director of Telecommunications, Radio Division, and together we did a letter in English telling the FCC to suck wind. The copy to the Ministry of Foreign Affairs produced a protest to the US Ambassidor objecting to intervention in the internal affairs of a a sovereign nation.
So you see that there tends to be even an official view that FCC rules are the "best rules" and that any nation that enforces with greater tolerance or regulates with different standards is simply wrong.
There is no international law that dictates that Mexico follow US standards, and the current agreement does constitute law in any event.
The FM agreement states, "Agreement between the government of the United States of America and the Government of the United Mexican States relating to the FM broadcasting services... the parties, desiring to continue their mutual understanding and cooperation concerning FM broadcasting and recognizing the sovereign right of both countries in the management of their telecommunications..."
In other words, Mexico is a sovereign nation and agreed to try to coordinate things with the US, but, at the end of the day, can do whatever it really wants to do. That's all the agreement guarantees.