[bill1952]

Congress isn’t engaging in anything.
The commerce clause gave them the authority to regulate the airwaves and they set up the FCC, in part, to do just that.

And the FCC can engage in commerce.
The entire thing is set up in this manner to be perfectly legal. And it is.

[El Gato]

The commerce clause gave them the authority to regulate the airwaves and they set up the FCC, in part, to do just that.

And the FCC can engage in commerce.

So you're saying the FCC is not part of the government? If Congress can't do it, then no other part of the government can do it either, unless specifically authorized by the Constitution. Regulate, yes, in the sense of making it work properly, deconfliction if you will. You might as well say Congress or one its creations could sell the Mississippi River because deconfliction of it's use is required, and it is used to facilitate interstate commerce. Or confiscate and sell your property because that would facilitate commerce as well.