From: Ken Smith on
In article <C18FA54A.4EC82%dbowey(a)comcast.net>,
Don Bowey <dbowey(a)comcast.net> wrote:
>On 11/26/06 4:59 PM, in article ekdd8p$906$6(a)blue.rahul.net, "Ken Smith"
><kensmith(a)green.rahul.net> wrote:
>
>> In article <e4ba5$4569fea8$4fe7485$23334(a)DIALUPUSA.NET>,
>> unsettled <unsettled(a)nonsense.com> wrote:
>>> Ken Smith wrote:
>>>
>>>> In article <C18DE6C3.4E65C%dbowey(a)comcast.net>,
>>>> Don Bowey <dbowey(a)comcast.net> wrote:
>>>>
>>>>> On 11/25/06 9:31 AM, in article ek9uln$lag$9(a)blue.rahul.net, "Ken Smith"
>>>>> <kensmith(a)green.rahul.net> wrote:
>>>>>
>>>>>
>>>>>> In article <MPG.1fd11c17f0518b5a989c65(a)news.individual.net>,
>>>>>> krw <krw(a)att.bizzzz> wrote:
>>>>>> [.....]
>>>>>>
>>>>>>> Whether you like it or not, radio is an interstate issue. Perhaps
>>>>>>> there should be some local control for ultra=-low power, but other
>>>>>>> than that 50 FCCs would be a nightmare. Can you imagine getting 50
>>>>>>> certifications for a piece of gear?
>>>>>>
>>>>>> I like radio just fine.
>>>>>>
>>>>>> Is radio "interstate commerce" if the broadcast can't be heard in another
>>>>>> state? If not, I don't think the constitution gives the federal
>>>>>> government preemptive control.
>>>>>>
>>>>>>
>>>>>
>>>>> Since the FCC DOES coordinate and regulate all forms of radio transmission,
>>>>> what is the purpose of your post?
>>>>>
>>>>> Perhaps the problem is with your understanding.
>>>>
>>>>
>>>> No, the question goes to a core issue. A FM station in SanFransisco is
>>>> not "interstate" but is controlled by the FCC. Under some peoples reading
>>>> of the constitution, it should not be.
>>>
>>> I'm sure you can make a good case for that, however
>>> it belongs to a reguated class, so it is actually the
>>> definition of the class that you'd be fighting. It
>>> gets to be a hairy battle.
>>>
>>> OTOH there's also the argument that it affects interstate
>>> commerce.
>>
>> Now to go back to health care. The drugs, the company that makes the
>> medical equipment, plagues and individual patients may cross borders
>> making the business of providing healthcare as "interstate" as the FM
>> radio. This it seems to me would be the basis on which the federal
>> government could pass laws about it including a NHS.
>>
>> I hope to argue that the NHS would be no more unconstitutional than the
>> FCC is.
>
>Apples and Orange.

Oh really. Please explain how the logic that applies to one does not to
the other.

--
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kensmith(a)rahul.net forging knowledge

From: Ken Smith on
In article <MPG.1fd57546bd40b365989d18(a)news.individual.net>,
krw <krw(a)att.bizzzz> wrote:
[....]
>> And there's also the argument that health care does, too. A pandemic that
>> starts in one state will affect the ability of people to travel to and from
>> that state, perhpas due to quarantine, perhaps due to simple fear.
>
>...and you better believe the USG will take over control of that
>pandemic, right down to shutting down interstate transport and even
>guarantying entire states, if need be.
>
>At that point it does become an interstate issue. Your sniffles
>aren't.

That FM station in San Fransisco is not a interstate issue. The FCC has
absolutely no right to control it. The entire FCC is completely
unconstitutional.

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kensmith(a)rahul.net forging knowledge

From: Ken Smith on
In article <ekhdvu$8qk_002(a)s1016.apx1.sbo.ma.dialup.rcn.com>,
<jmfbahciv(a)aol.com> wrote:
>In article <ekcs4f$g1o$11(a)blue.rahul.net>,
> kensmith(a)green.rahul.net (Ken Smith) wrote:
>>In article <slrnemhs15.5qi.don(a)manx.misty.com>,
>>Don Klipstein <don(a)manx.misty.com> wrote:
>>
>>{... radio FCC and interstate commerce ...]
>>
>>> In addition, the US has this "Communications Act of 1934" IIRC. IIRC,
>>>this one established the FCC and gave it power to regulate radio
>>>transmissions.
>>
>>The question I was posing was: "Is this law constutional because it
>>regulates things that are not interstate commerce". Some people would
>>argue that it is.
>
>All of this is going to have to go through a long debate with the
>invention and now-common use of new comm technology.

No debate is needed. It is either constitutional or it isn't.

[.....]

>Now consider the fact that packaging is going to have "I am here"
>chips in them. Now consider the problem when cereal boxes are
>transported across state lines to all grocery stores.
>
>All of a sudden, you have the FCC, the FTC and all kinds of
>other regulatory entities claiming their piece of the grocery
>store territory.

We already have that so nothing much will have changed. Both regulate
that which can be sold in the stores.


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kensmith(a)rahul.net forging knowledge

From: Ken Smith on
In article <oAsah.31151$yl4.30751(a)newssvr12.news.prodigy.com>,
<lucasea(a)sbcglobal.net> wrote:
[....]
>Terrell makes a good point. The Federal government has the right to enter
>into treaties, of which the control over the RF broadcast spectrum is one.
>The Federal government also has the responsibility to regulate our
>participation in a treaty, so that would give them the authority to regulate
>the use of the RF broadcast spectrum. However, since I seriously doubt that
>that treaty covers things like decency standards, clearly part of what the
>FCC does has nothing to do with treaty enforcement.

It is a good point, but I'd bet that the federal government can enter into
treaties about medical things too.

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kensmith(a)rahul.net forging knowledge

From: Eeyore on


Ken Smith wrote:

> krw <krw(a)att.bizzzz> wrote:
> [....]
> >> And there's also the argument that health care does, too. A pandemic that
> >> starts in one state will affect the ability of people to travel to and from
> >> that state, perhpas due to quarantine, perhaps due to simple fear.
> >
> >...and you better believe the USG will take over control of that
> >pandemic, right down to shutting down interstate transport and even
> >guarantying entire states, if need be.
> >
> >At that point it does become an interstate issue. Your sniffles
> >aren't.
>
> That FM station in San Fransisco is not a interstate issue. The FCC has
> absolutely no right to control it. The entire FCC is completely
> unconstitutional.

That sounds quite convincing to me.

Graham