[BC] AM Tower Replacement In a Remote Locale

[RichardBJohnson at comcast.net]

The Constitution does not define all the rights of free people. It only declares those, which must not be abridged. There are many so called "unalienable" rights, some of which are written in the Constitution's preamble.

The public ownership of radio frequency spectra has nothing to do with such rights. Instead, it has to do with the natural rights of property owners --an American birthright. We can own, and control the use of property.

When the Federal Radio Commission, predecessor of the Federal Communications Commission, formed, it was created to bring some order to the numerous radio operators who were starting to engage in commercial activity.

One of the problems with this commercial activity was property rights. If I own property, I certainly have the inherent right of ownership to control its use. Therefore, if a radio station is transmitting moneymaking material (commerce) over my property, I certainly have a right to obtain some compensation. If I am denied such compensation, I can certainly sue to prevent this broadcast information from entering into or upon my property.

This would produce an enormous quagmire from which no solution was possible except to declare that once a signal leaves an antenna, it becomes public property, i.e., it is owned even by the property owners so no trespass is possible. With the ownership of this spectra defined by rule as "public," we then open another can or worms having to do with content. Therefore, the FCC, now the controlling agency, supposed to protect the public interest, even has a say about content. This is, however, much less of a problem than the problem of property rights.

If you do not understand this, then please learn about the numerous privately owned toll roads and "turnpikes" that were created so that commerce would pay its fair share for the use of these roads. Courts have upheld the rights of property owners to demand compensation for such use. It was only in the early 20th century that states bought access rights to such private roads so that automobiles could now pass freely, the cost of the roads borne by the public to "promote commerce," because it was in the "public interest."

In recent times, the FCC has blurred the line between public and private ownership by "auctioning" spectrum space, which, in the opinions of many, they had no right or privilege to do. This revenue enhancement has caused many licensees to believe that they now have the exclusive right to control the property that they lease, much like an apartment renter. However, the failure of our regulatory agencies to continue exercising their authority in the public interest does not make new law.

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

----- Original Message -----
From: "Scott Cason" <scott at lagrange-com.com>

>> They are entitled, as their American birthright, to obtain radio services
provided by you in the public interest.

Richard, could you please point out to me what part of the Constitution
spells out this "right"?  Sorry, but I do not buy into this myth that the
public owns the ether.  The public has no vested interest in it.  The public
did not pay for it and the public does not control it.