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May 10th 05, 12:22 PM

On Fri, 6 May 2005 11:19:50 -0400, (I
AmnotGeorgeBush) wrote:

The FCC owns the rights to the radio
spectrum in this country.

That is ludicrous. They do not. They merely are charged with
administrating such. The spectrum does not stop at the borders.

.No, but while inside the borders, you will pay
(Sometimes dearly) the FCC for the right to
play on the airwaves.

So you have been mistakenly telling us for years, yet, there is no
damper affecting those of us who play on it regularly for free or a few
paltry bucks..

Illegally. Just as there are people who trespass on private or
otherwise posted land, and never get caught either. But it's still
illegal.

Ask any cell phone company
owner/administrator.

Your selection of cell phone admins does not discount the countless
freebanders, cbers or hammies who play on it for free or on the extreme
cheap.

Illegally, or on bands where public access is set aside. Much like a
public park.

They are the ones authorized to sell spectrum
to people with a legitimate need. It's no
different than government owned land.

Again, it is very different for many reasons, several of which you were
already taught.

Yes, it is different in some ways, but the ways
that are similar are what I am talking about. It's
a fact that the FCC sells off chunks of
spectrum to commercial interests, sometimes
for outrageous amounts. If the FCC was not in
the position to claim "ownership" of that
spectrum, how could they auction it off?

By virtue of administration. Auctions are held daily all over the place.
They do not own what they auction, but like the FCC, are merely charged
with the administering of such.

Semantics.

Your car is yours as is your radio gear. But the
privilege to operate both is granted by the
government, and can be revoked for the
proper cause.

Wrong again. The government has absolutey zero authority how I operate
my vehicle on my own lan and can not revoke my privilege to do so.

Right! On you own land. But venture out on
.the public street, and they have all the
authority. Same goes for radio. If you can
somehow prevent your signal from escaping
the borders of your property (Which is covered
by FCC Part 15), you could do what you want.

Know of any test cases pushing the limit on this law?

Pushing which law and in what way?

Once those signals escape into the public
venue, they are under the control of the
federal government.

How is such defined? If a church camp own 2500 acres and broadcasts over
such, and I sit on the public lake adjourning their property and can
tune in their broadcast..is it now simply approached as a public
broadcast?

Most of those situations employ carrier current transmitters which
radiate only a short distance from their "antenna" wires, thereby
limiting range beyond the intended service area. The biggest uses for
this technique is on college campuses, travel, and road alert systems.

As you know, RF degrades gradually and it is impossible to "brick
wall" stop a broadcast at the limits of physical property. But unless
you are very close, you will likely not hear a carrier current
transmission.

Another way to look at it, You own your car,
but not the roads you drive on.

Public means owned by the public,,,paid for by tax dollars.

And administered by the government.

You may own your radio, but not the airwaves
you broadcast on.

Neither does the FCC like you mistakenly believe.

For all practical purposes, yes they do in this
country.
You do not have a "right" to transmit beyond
the confines of your own property.

That is what the cb does.

Yes, but the authorization to operate a CB is a "privilege", not a
"right".

You are granted a "privilege" to do so by the
government in the proxy of the FCC.

This "privilege" is availabe to anyone, so how can it be referred a
privilege?

Not true. You have to be a U.S. citizen, and not convicted of other
FCC rule violations.

I know you elitist hammies believe this to be true about your
ticket, but it simply does not apply to cb, as practically any American
citizen is granted the "right" to broadcast, via a cb, simply by
ownership of one. This does not exactly equate to any "privilege".

Instead of arguing with me, try looking into the rules governing each
service, and find out for yourself. Despite the relative ease by which
a person may operate a CB radio, it is still not a "right" to do so,
it is a privilege granted by the FCC, as the service is authorized by
rule, even if a license is not required.

As a
condition of that privilege comes your
responsibility to abide by the rules set fort in
various FCC parts depending on which
service you are using.
You may not like it, but that's the way it is.

Actually, I love the manner in which the FCC enforces radio law right
now and have said so on many occasion.

Sure. The FCC is not as effective as they should be, and freeload....
er, freebanders get away with trespassing on other government
administered frequencies with little chance of getting caught. But
that doesn't mean that it's legal or proper.

They rightly and deservedly go
after those they deem the most important and damaging to our hobby.

You mean those who project the highest profile, or those who impact
operators who paid dearly for the right to use their part of the
spectrum.

It
is yourself that does not like the "way it is" nor agree with it.

Well, that's true. I do wish the FCC had more teeth.

Dave
"Sandbagger"
http://home.ptd.net/~n3cvj

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