[BC] then and now

[Ron Castro]

Clive---Of course they didn't have electromagnetic signals in 1789, but 
that's exactly the point.  Newspapers have always had unmitigated freedom to 
promote any political candidate or cause they want, to run as many ads at 
any price, to refuse ads from any candidate, operate in defiance of 
monopoly/anti-trust laws, engage in any kind of obscenity but we in radio 
and TV don't.  The basis for this, and for a lot of other really bad 
legislation, some of which has been repealed, are Supreme Court rulings that 
say broadcasters don't have any claim to the same Constitutional freedoms as 
newspapers since we were not specifically included, nor has the nation 
chosen to amend the Constitution to include us.

A "constructionist" is one who interprets the Constitution precisely as it 
was written, not trying to 'read between the lines' to twist or divine 
meanings that are not there and never were intended by the founders.

As for the UN, they have zero authority in the US, since we are a sovereign 
nation and our Constitution specifically forbids any treaty with a foreign 
entity that is not voted on and approved by the US Senate.  The Senate never 
gave the UN authority over our citizens or over communications within our 
borders.  While we subscribe to the ITU and are members of the UN, nothing 
they decide has any relevance unless ratified by the Senate.

The Constitution gave Congress the right to regulate anything and everything 
involving communications under the Interstate Commerce Clause, and by way of 
that, the Communications Acts of 1927, 1934 and 1996 passed.  Numerous court 
challenges over the decades have never changed basic tenant that the federal 
government has the right to determine who gets a broadcast license and who 
doesn't.

As for the spectrum being reserved for the "privileged elite"...hardly!  I 
have ownership in 20 radio stations, all licensed by the FCC, yet my parents 
weren't rich, my grandparents were poor people from Spain and I never 
attended an Ivy League college.  I started as a $2 an hour overnight DJ and 
worked my way up to where I am today.  Not only that, anyone can use the 
Citizens Band for their 'free speech'

Ron Castro
Chief Technical Officer
Results Radio, LLC


----- Original Message ----- 
From: "Clive Warner" <clive at citiria.com>
To: <broadcast at radiolists.net>
Sent: Wednesday, July 06, 2005 4:26 PM
Subject: [BC] then and now


> Ron wrote:
>>Transmitting an electromagnetic signal was
>>never a 'right' put into the Constitution
>
> D'oh! Did they have 'electromagnetic signals' at that time? Considering 
> the
> President had wooden false teeth, 'electromagnetic' technology seems a
> trifle out of their reach.
>
>>and as a conservative, I am a 'strict constructionist'.
>
> Not quite sure what this means . . . I trust it does not mean, you are one
> of the people who tell the rest of us, that 'unless something is
> specifically permitted we are to assume it is not permitted?'
>
> My personal opinion is that the UN has declared that Free Speech is a 
> basic
> right; but that right cannot be exercised without the means to do so; and
> therefore that access to public media, (and this includes the right to the
> electromagnetic spectrum), is a basic human right; subject of course, that
> such use should not infringe the rights of others.
>
> For example, so far as pirate radio is concerned, if a pirate is not
> infringing the rights of others (i.e. by interfering with their signals)
> then that should be permitted.
> Your 'nasty pirates' might be my 'free citizens invoking their rights to
> free speech'. If infringement takes place, then the station should be
> removed. There is nothing in the Constitution to the effect that access to
> the e-m spectrum should be reserved for a privileged elite.
>
> I believe there is about to be a massive explosion of multimedia of all
> kinds, facilitated by super-cheap bandwidth. That's what 'HD radio' is all
> about, they're trying to add bandwidth (in their terms; but they don't see
> that content is king). My local provider just doubled access speeds
> (256->512, 512->1M, 1M->2M, 2M->4M) and high speed wireless is spreading
> across the city.
>
> Clive
>
>
>
>
>
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