Mom & Pop vs Corporate Broadcasters and the FCC

The FRC (Federal Radio Commission) was established at a time when the threat of chaotic arrays of RF transmissions were so numerous and unpredictable that radio communications of any useful nature became nearly impossible.

As technology advanced, it was decided that communication was a larger issue than radio alone, so the FRC grew into what is now the FCC (Federal Communications Commission) and encompassed a wider swath of media and telecommunications, including copper, fiber and satellite transmission of data in the form of text, photos, audio and full motion video.

The basic principle behind the right of the government to regulate communications was predicated on the fact that it utilized public airspace and cross-properties, borders and rights-of-ways and therefore intruded upon that which is owned by the people. In cities, the concept is franchise oversight (the cable local franchise, for instance, is a monopoly that is regulated by the city because it imposes on and along many properties).

Essentially, if you use public air and land to transmit your traffic, you must serve that public responsibly and be good corporate citizens.

The rules and regulation kept communications companies appropriately scared into compliance by threat of fines and jail. And so most companies did comply, as they were often locally owned and operated and embraced the popular image of servitude to its fellow citizens.

But as companies grow and become more successful, they feel the rules are too restrictive and don’t allow fair expansion. And as they get even bigger, they become better and better at influencing government leadership and employ lobbyists to bang on Washington doors in an effort to loosen rules so they can make more money and command more market share.

In each expansion proposal, lobbies and CEOs articulate before congressional committees how these "improvements" will "encourage competition" and "enhance the quality" of the products offered to the people, thereby performing a great service to its citizenry.

But people this powerful tend to exert mafia-like thug tactics to improve their own situation or standing. So they get more powerful and the little people try to push back -- mostly unsuccessfully.

I do think there will be a day when local control of media returns home and ownership will again be responsive to the needs of the community. But for now, I'm too busy staying current with media trends and enjoying the vast resources at my disposal -- not to mention the fact that my paychecks never bounce.

Armchair Law Professor

Every once in a while, I get what I think is an epiphany, often inspired by something I see or read. You might think these thoughts are exhibitions of my ignorance, but I believe there's something to them, so I share.

Perhaps I should call these entries "Bishop's Charter" additions, or "How the Law Ought to Be Written".

CASELAW:
No court shall decide, nor pontificate in its decision, with respect to case law or precedent, but on the sole merits of the case before it, and applying its own reasonable and thoughtful interpretation of pertinent laws and the Constitution of the United States, or errors thereof, notwithstanding spirit and intent of applicable law. However, on appeal, a court may consider error or misinterpretation of the law by the lower court, as well as new evidence that is shown to be previously and wrongly suppressed.

As always, I welcome thoughtful criticism.

No Gphone

Android is not Gphone, but a software platform by Google that may facilitate other phone makers and carriers to bring a phone to the masses using the newly allocated frequency spectrum. Google wants to be able to use some of the newly available spectrum the FCC opened up, but it's not clear what exactly they'll do with it.

In any event, Android will use the G3 network, and Open source platform that will facilitate free development of widgets, clocks, stock tickers, maps and whatnot -- which is an aside from iPhone's development kit because Apple will reserve veto rights to any app it doesn't like.