[BC] AM Tower Replacement In a Remote Locale

[RichardBJohnson at comcast.net]

When the FCC allocated your (and my) spectrum space, they did not take a compass and make a bunch of non-overlapping circles in the desert.  Instead, they started with the population centers. They made some rules about the field intensity measured at the post office in these towns and cities, not because there was somebody listening to the radio there, but because they needed some consistent test applied to everyone equally. When you are licensed to serve Mudville, you are licensed to serve its surrounding area as well, in accordance with "Good Standards of Engineering Practice," which has been interpreted since radio began to maximize the coverage of which a particular licensed power is capable. Mudville's surrounding area has listeners who are the owners of the radio spectrum space that you license. They are entitled, as their American birthright, to obtain radio services provided by you in the public interest.

You cannot claim that as the licensee you can function as a strict owner of the facility. If you do, your neighbors could require you to keep "your" electromagnetic radiation off their property. They could sue, and even have you charged with criminal trespass if you do not comply with their demands as rightful property owners to control the use of their property. This is the major reason why "radio spectrum" is declared by law to be "public." We all own it. Therefore, no trespass can occur.

As the licensee of a radio station, I'm surprised that you didn't know this.

Cheers,
Richard B. Johnson
Book: http://www.AbominableFirebug.com/

----- Original Message -----
From: wmroradio at bellsouth.net

Your're all wrong. As long as you're signal covers the "city of license" you're cool, and you are not ignoring the public interest. Hell, the public in this town are listening to the Nashville FM's anyway, not us, so I take your comment about serving the public interest with laughter when there is very little of the public in a town like ours being near a large, metro city, wanting to be served by a small AM station. Many in a town our size could careless if your there! 

Also, you claim to own the spectrum space, that's a joke. Last time I checked, your name wasn't anywhere on the AM or FM bands as a "owner" of the spectrum.