(Fwd) Victory For Microbroadcasting!!!!

------- Forwarded Message Follows -------
Date:          Thu, 13 Nov 1997 10:45:16 -0800 (PST)
From:          gregruggiero@earthlink.net (Greg Ruggiero)
Subject:       Victory For Microbroadcasting!!!!

Friends,

This should raise the hopes of all microbroadcasters.  We, who oppose
the barriers against free communications and the corporate takeover of
our media institutions, need to do all we can to ensure that the
airwaves really become free.

Support your local alternative media.

 Howard Rosenfeld

----------------------------------------------

ANOTHER VICTORY FOR FREE RADIO BERKELEY & MICROPOWER BROADCASTING

At 7 PM on Thursday, [ed: correction - Wednesday] November 12
attorneys for Stephen Dunifer & Free Radio Berkeley received a 14 page
decision via fax from Federal District Court Judge Claudia Wilken
announcing her ruling in favor of Stephen Dunifer and Free Radio
Berkeley. Her ruling denies the FCC's motion for summary judgement for
a permanent injunction, states that she has jurisdiction in this case
and that the FCC's regulatory structure is unconstitutional. Further,
she orders the FCC to submit within 14 days a brief on the
constitutional issues raised. Essentially Judge Claudia Wilken affirms
all the merits and arguments raised by the defense attorneys for
Stephen Dunifer and Free Radio Berkeley. Stay tuned for further
details. The full text of the decision will be posted ASAP. A victory
party will take place on Saturday evening, November 15 in Berkeley.
Place to be announced as soon as one is secured. Everyone is invited.

Stephen Dunifer
Free Radio Berkeley

*******************************************************************

                                              NEW YORK
Media for Change         <<< FREE MEDIA >>>     Changing the Media
                                               ALLIANCE

                              listserve: nyfreemedia@tao.ca
                                voicemail: (212) 969-TOFM
              website: http://artcon.rutgers.edu/papertiger/nyfma

*******************************************************************








=-=-=-=-=-=-
Ross Wright
King Media: Bulk Sales of Software Media and Duplication Services
http://ross.adnetsol.com
Voice: (408) 259-2795

Kuddos!

At 11:45 AM -0700 11/13/1997, Ross Wright wrote:
>
>ANOTHER VICTORY FOR FREE RADIO BERKELEY & MICROPOWER BROADCASTING
>
>At 7 PM on Thursday, [ed: correction - Wednesday] November 12
>attorneys for Stephen Dunifer & Free Radio Berkeley received a 14 page
>decision via fax from Federal District Court Judge Claudia Wilken
>announcing her ruling in favor of Stephen Dunifer and Free Radio
>Berkeley. Her ruling denies the FCC's motion for summary judgement for
>a permanent injunction, states that she has jurisdiction in this case
>and that the FCC's regulatory structure is unconstitutional. Further,
>she orders the FCC to submit within 14 days a brief on the
>constitutional issues raised. 

I made similar comments unrelated to Stephen's case in my "Basis of FCC jurisdiction" rant posted to Cypherpunks and Telecom Regulation lists in September of '96.

"I've been wondering lately about the jurisdictional limits of the FCC
vis-a-vis the Article(s) of the Constitution from which they derive their
authority.  My understanding is that the FCC is empowered under the Fed's
interstate commerce clauses.  If so, how valid is their jurisdiction over
low power and/or millimeter wave transmissions.  It seems a case can be
made that such transmissions represent little or no possibility of
interstate transmission."


--Steve

On Thu, 13 Nov 1997, Steve Schear wrote:

> Kuddos!

Actually, I've got a bad feeling about this.  (cliche, but it fits)  Out
of *all* the government agencies, the least screwed up has got to be the
FCC.  If we're going to eliminate agencies, this isn't the place to start.

Yes, I've been an Amateur Radio op for 10 years now.  From what I've seen,
the FCC does it's best to keep things from getting totally screwed up.
Can't say that about some others (hmm.. any of the ones with guns, would
the the "others")


Ryan Anderson - Alpha Geek
PGP fp: 7E 8E C6 54 96 AC D9 57  E4 F8 AE 9C 10 7E 78 C9
print pack"C*",split/\D+/,`echo "16iII*o\U@{$/=$z;[(pop,pop,unpack"H*",<>
)]}\EsMsKsN0[lN*1lK[d2%Sa2/d0<X+d*lMLa^*lN%0]dsXx++lMlN/dsM0<J]dsJxp"|dc`

>On Thu, 13 Nov 1997, Steve Schear wrote:
>
>> Kuddos!
>
>Actually, I've got a bad feeling about this.  (cliche, but it fits)  Out
>of *all* the government agencies, the least screwed up has got to be the
>FCC.  If we're going to eliminate agencies, this isn't the place to start.

Was my "commerce clause" argument essentially the same as Stephen's?

>
>Yes, I've been an Amateur Radio op for 10 years now.  From what I've seen,
>the FCC does it's best to keep things from getting totally screwed up.
>Can't say that about some others (hmm.. any of the ones with guns, would
>the the "others")

The states are certainly ill equiped to handle the FCC's role, but ignoring the Constitution because it's inconvenient is the slippery slope we've been on since  Federal power was "illegally" expanded and the principle of judicial review was established in 1803 in the famous case of Marbury v. Madison.  Since then, any excuse the President and Congress can come up with is sufficient to create a  new agency and expanded authority.  Completely circumventing Constitutional intent.

The demise a needed Federal agency is but a small price to pay for puttling right the apple cart.  Besides, Congress can always call for an ammendment and if the people (through their state leglislature) agree re-instate FCC authority through proper means.

--Steve