Kevin_Kennedy
Defend Liberty
- Aug 27, 2008
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- #261
Of course a finite number remains finite. That's not changed by who allocates the distribution of frequencies.
The point is that BECAUSE they are finite, if we were to permit some corporations to simply seize permanent control over the finite number of frequencies, we would end up with NO available frequencies. But, because we ask the government to do the allocating of that finite number -- as leases -- the frequencies do not become private property and forever unavailable. And because we employ the legal fiction that the airwaves belong to ALL of us, we can also impose conditions on HOW the corporations may use those LEASED airwaves -- such as forbidding them from denying us all access to the airwaves.
If the airwaves are OURS, not the "private property" of ABC or MSLSD, then WE reserve some of our access to those airwaves. But as soon as the "market" does the allocating without the rules and regulations of the government, then the private property owners would inevitably and almost certainly lay claim to the right to completely EXCLUDE us in order to more fully exploit their "property."
If I own the land I have my house on, I can damn well exclude you. But if the government "owns" that land (in the limited sense of holding it FOR us), then when they LEASE that land to a company, they can absolutely place conditions on that lease (like, "thou shalt not restrict the public from the use and enjoyment of this land for X number of hours per week.")
I simply don't except the notion that it's bad that a corporation or any other private entity own a frequency. You accept the notion that you can exclude people from your land, but why is that not bad? It's a conflicting argument to say that it's ok to exclude people from your privately owned land, but it's bad if you can exclude people from interfering with your privately owned frequency.
Yes, I accept the basic premise of privatge propety that gives me the right to exclude others from my property or the use of my stuff.
But, no. There is no conflict whatsoever in maintaining that, as I do, and also recognizing that there are some things in this world that are not subject to being privately owned.
Do you own the air?
Does anyone?
In the movie Total Recall, up there on Mars, a private company did own the air. In reality, here on Earth, that would be a stupendously idiotic notion.
The free market should not be "trusted" to permit some company to sell me the right to breathe air. Instead, air is a fucking birthright for all people.
Similarly, radio frequencies are there for all of us to use. If we permitted private property rights over radio frequencies, sooner or later very few of us would have access to that medium and that would dangerously impede the public's ability to engage in speech.
In order to obtain commercial benefit over radio frequencies, however, access has to be limited. So we, the nominal owners of the airwaves, crafted a solution. We all are said to own the airwaves. We ask the gubmint to act as our agent to distribute lease rights to those frequencies and in the process we insist that our access to those frequencies has to be provided-for at certain times each day or week.
So I fail to see what the problem is. The solution we cobbled together has worked pretty well. And as owners, we also retain the interests of owners! Thus, whether the lessors like it or not, we HAVE reserved the right to impose certain restricitions on THEIR use of OUR "property." For example, we have insisted on retaining at least the right of some access to the medium during each period of their lease. And we now propose a new rule which, when/if it takes effect, will impose an audible volume limit on their commercial advertisement terms and conditions to advertisers.
No Constitutional infirmity in any part of that analysis. And no contradiction in anything I have maintained.
Well I'm not suggesting that anyone own the air, I'm suggesting they own the airwaves or the frequency they broadcast on.
At any rate, I think we're going in circles now and neither of us is willing to give an inch here. So we're going to have to agree to disagree. Good discussion, however. I didn't think that this thread was going anywhere when I first posted it up, I honestly thought most people would agree with me.